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, APRIL 17, 2002 No. 43 House of Representatives The House met at 10 a.m. and was THE JOURNAL with a prayer from the Reverend called to order by the Speaker pro tem- The SPEAKER pro tempore. The Norvel Goff, Sr. I would like to take a pore (Mr. SHIMKUS). Chair has examined the Journal of the moment to tell my colleagues and the last day’s proceedings and announces country about Reverend Goff and the f to the House his approval thereof. significant role he plays in my commu- Pursuant to clause 1, rule I, the Jour- nity. DESIGNATION OF THE SPEAKER nal stands approved. Reverend Goff has served as pastor of PRO TEMPORE Mr. TIAHRT. Mr. Speaker, pursuant Baber African Methodist Episcopal The SPEAKER pro tempore laid be- to clause 1, rule I, I demand a vote on Church in Rochester since 1991. He has fore the House the following commu- agreeing to the Speaker’s approval of been an outstanding advocate in civil nication from the Speaker: the Journal. rights, economic justice, and peace WASHINGTON, DC, The SPEAKER pro tempore. The issues in the Rochester community. April 17, 2002. question is on the Speaker’s approval Reverend Goff is joined here today by I hereby appoint the Honorable JOHN of the Journal. his wife, Anna Marie, and his son, SHIMKUS to act as Speaker pro tempore on The question was taken; and the Norvel, Jr., who is a law student at this day. Speaker pro tempore announced that Howard University; and they have a J. DENNIS HASTERT, the ayes appeared to have it. younger son, John, who is a student at Speaker of the House of Representatives. Mr. TIAHRT. Mr. Speaker, I object to Morehouse College in Atlanta. the vote on the ground that a quorum Reverend Goff is a teacher, a lec- f is not present and make the point of turer, a writer and an outstanding ora- order that a quorum is not present. tor. He has served on numerous com- PRAYER The SPEAKER pro tempore. Pursu- munity boards and committees in The Reverend Norvel Goff, Sr., Pas- ant to clause 8, rule XX, further pro- Rochester, including the Monroe Coun- tor, Baber African Methodist Episcopal ceedings on this question will be post- ty Public Defender’s Advisory Board, Church, Rochester, New York, offered poned. the Community Energy Board, and the following prayer: The point of no quorum is considered Fleet Bank’s Community Development O God, our Heavenly Father, Al- withdrawn. Corporation Board. mighty and Everlasting God, we come f Reverend Goff currently serves as the this day to thank You for last night’s PLEDGE OF ALLEGIANCE president and CEO of the Greater Roch- rest and early rising this morning. We ester NAACP and is chairman of the come praying on behalf of and for the The SPEAKER pro tempore. Will the Black Ministers Alliance in Rochester. Members of Congress as they seek to gentlewoman from Minnesota (Ms. Under his leadership, the Black Min- know and to do Thy will for America MCCOLLUM) come forward and lead the isters Alliance founded the Footprints and in the works of the House of Rep- House in the Pledge of Allegiance. Program, which is a partnership with Ms. MCCOLLUM led the Pledge of Al- resentatives. local banks that has provided more legiance as follows: O most gracious God, who knows the than $10 million in mortgages for first- secrets of our hearts and the thoughts I pledge allegiance to the Flag of the time homeowners. The Rochester chief United States of America, and to the Repub- of our minds, we humbly beseech You lic for which it stands, one nation under God, of police recently appointed Reverend as we pray for peace throughout the indivisible, with liberty and justice for all. Goff as the chairman of the Faith Com- world. munity Subcommittee Initiative f We pray for our President of these Against Illegal Drugs in Rochester. United States of America, and the lead- WELCOMING REVEREND NORVEL Reverend Goff continuously displays ers around the world, that You will GOFF, SR., PASTOR, BABER AF- extraordinary commitment to the chil- guide and direct them, that You would RICAN METHODIST EPISCOPAL dren of the Baber African Methodist lead this world into a path of peace and CHURCH, ROCHESTER, NEW YORK Episcopal community and to all the happiness, truth and justice. (Ms. SLAUGHTER asked and was other children in Rochester. He serves Direct us, O Lord, in all of our en- given permission to address the House as a mentor and encourages academic deavors, that in You we may glorify for 1 minute and to revise and extend achievement among the area youth. Your most holy name. These and many her remarks.) Reverend Goff recognizes the children other blessings we ask in Jesus’ name. Ms. SLAUGHTER. Mr. Speaker, of his church who make the honor roll Amen. today we opened this legislative day at a church service and takes the time

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

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VerDate 11-MAY-2000 01:04 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.000 pfrm02 PsN: H17PT1 H1342 CONGRESSIONAL RECORD — HOUSE April 17, 2002 to visit and have lunch with them at able program, the administration is military that also qualify for food school and check on their progress. turning its back on many western stamps. This amendment would dis- Reverend Goff’s accomplishments in counties. qualify them from being able to have the area of civil rights, business, com- I urge my colleagues to reject this access to food stamps. munity and religious affairs have unwise and unsound cutback. So I make the appeal and ask that we earned him numerous awards, includ- f look at what the administration has ing the Annual Friends of Education been saying, that we ought to be pro- MAKE CHILD PORNOGRAPHY Award from the Rochester City School viding for those services. ILLEGAL District and the Winn Newman Pay Eq- f (Mr. FOLEY asked and was given per- uity Award from the National Com- CELEBRATING THE PRODUCTION mission to address the House for 1 mittee on Pay Equity. OF NEVADA’S 50 MILLIONTH minute and to revise and extend his re- Reverend Goff is truly a modern-day OUNCE OF GOLD crusader for justice, and I am grateful marks.) for his valuable work in our commu- Mr. FOLEY. Mr. Speaker, the United (Mr. GIBBONS asked and was given nity. I am pleased that the House of States Supreme Court ruling Tuesday permission to address the House for 1 minute and to revise and extend his re- Representatives could have him lead us on the Child Pornography Prevention Act drew strong reaction, mostly nega- marks.) in such a powerful prayer. Mr. GIBBONS. Mr. Speaker, Nevada’s f tive, regarding the High Court. How- ever, the ruling did receive some sup- nickname may be the Silver State, but our State is diverse and has a wealth of CONGRATULATING J.R. UNITED IN- port from some in the adult movie in- many minerals, including many pre- DUSTRIES AND COMPANY PRESI- dustry. cious metals like gold, silver and plat- DENT SALO GROSFELD ‘‘We are extremely disappointed with inum. In fact, only two countries in the (Ms. ROS-LEHTINEN asked and was this decision,’’ said the American Cen- world are ahead of Nevada in total gold ter for Law and Justice. The Supreme given permission to address the House production, South Africa and Aus- for 1 minute and to revise and extend Court clears the way for pornographers tralia; and only those two locations her remarks.) to use the first amendment as a shield have ever achieved the same milestone Ms. ROS-LEHTINEN. Mr. Speaker, I and gives them a green light to engage which Nevada celebrated this week, the would like to congratulate J.R. United in this kind of Internet activity.’’ production of the 50 millionth ounce of Industries and company president Salo I say whether in movies or photo- gold. Grosfeld for their involvement in an graphs, it does not make a difference Let me put this achievement in per- extraordinary back-to-school project. whether or not the person engaged in spective. If 50 million troy ounces of Afghan Minister for Women’s Affairs, sex is actually a child. If it looks like gold were viewed as cube, it would be Dr. Sima Samar, asked for help to send a child, is said to be a child, pedophiles approximately 14 feet 2 inches square girls back to school in Afghanistan, have found their fix and their search and weigh about 1,714 tons. for, you see, school uniforms are con- for true child pornography will only be This achievement was produced by sidered a luxury that few Afghan fami- enhanced. the Carlin Trend, located about 10 lies can afford. But J.R. United, lo- Attorney General Ashcroft said the miles south of Carlin, Nevada, which cated in my congressional district, ruling makes prosecution of child por- produces nearly 4 million ounces of helped by providing sewing machines nographers immeasurably more dif- gold annually, contributing $1.8 billion and fabrics through their commercial ficult. He offered to work with Con- to America’s economy every year. partners in Pakistan. gress on new legislation that could Congratulations to the hard-working Salo Grosfeld and his company are withstand the Court’s scrutiny. men and women of the Carlin Trend on giving children thousands of miles Mr. Ashcroft, I join you today in hop- this accomplishment, and thank you to away something greater than just uni- ing we can craft a bill that meets the the mining industry for producing the forms. They are giving them hope for a fitness test of the Supreme Court so we minerals which allow us to live in and brighter future and a better life. can rule this to be an illegal activity. enjoy the 21st century. Please join me in congratulating f f Salo Grosfeld and J.R. United for their RESTORE FOOD STAMPS FOR DEFENDING LEGAL IMMIGRANTS generosity to the children of Afghani- LEGAL PERMANENT RESIDENTS stan. Thank you, Salo. (Ms. SOLIS asked and was given per- mission to address the House for 1 f (Mr. RODRIGUEZ asked and was given permission to address the House minute and to revise and extend her re- SPEAKING AGAINST CUT IN PAY- for 1 minute and to revise and extend marks.) MENTS IN LIEU OF TAXES PRO- his remarks.) Ms. SOLIS. Mr. Speaker, I also rise GRAM Mr. RODRIGUEZ. Mr. Speaker, de- in disappointment at the action that will take place today on the floor, and (Mr. UDALL of New Mexico asked spite the calls from President Bush for that is to instruct conferees on the and was given permission to address efforts to provide legal permanent resi- farm bill to remove the provision of the House for 1 minute and to revise dents access to Federal nutrition pro- food stamps for legal immigrants. and extend his remarks.) grams, the House conferees on the farm We talk about legal immigrants. Let Mr. UDALL of New Mexico. Mr. bill have refused to budge. Now we hear us really put a face to it. Let us look at Speaker, I rise today to speak out today that the gentleman from Colo- who these people are. They serve in our against the administration’s 21 percent rado (Mr. TANCREDO) has an amend- wars; they are serving in the military. cut of the Payments in Lieu of Taxes ment to instruct on the farm bill on Many of them are grandparents, many Program. this particular item. are children. They are here legally. Many of our western States have sub- There are too many cases of legal im- They are playing by the rules. Their stantial Federal land within their bor- migrant children suffering from hunger families pay into the tax base. ders. On the one hand, these lands pro- right here in our own backyards. These The President has said he wants to vide many opportunities for all Ameri- are legal residents. Their parents work honor them and give them food stamps; cans. But for local counties who are fi- hard, they pay taxes, they serve our but his own party, the Republican nancially strapped, Federal lands mean country, they play by the rules; but Party, wants to take that away. We are the loss of a tax base. they are unable to qualify for food sending mixed messages here, and I To deal with this issue fairly and so stamps if they find themselves in that would hope we could unite around this that the Federal Government is a good situation. whole concept of compassionate giving neighbor, we pay a portion of the lost The reality is, and I will appeal to to people who earn their way here in tax revenue. This is called Payments in the Republicans, that we have over the country. Lieu of Taxes. It is a good program 62,560 military people right now that I would ask that the conferees and that should be fully funded, although it are legal immigrants; and as we well everyone please take hold of this situa- never has been. By cutting this valu- know, we have a lot of people in the tion, address it, and help to feed the

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.002 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1343 children, the hungry children, in our and monuments. It also means that Let me repeat, Mr. Speaker. We are districts. Right now in my own district companies that own and operate our talking about benefits to legal resi- there are about 37 percent immigrant oldest and dirtiest coal-fired power dents; legal residents who come to this families. Of that, those kids do not plants can continue to escape strict country from all parts of the world. have enough to have food on their pollution controls. Earlier this year we welcomed the table. They do not have cereal. They We can do better. Monday is Earth administration’s proposal to extend did not have a banana. They did not Day, a time to celebrate past progress eligibility to legal residents who have have milk today, like you and I may we have made in cleaning up our envi- lived in the United States for 5 years. have had. ronment while leading our Nation to a We supported this proposal because it Let us make sure we do our best to cleaner tomorrow. It is not the time to was simple and straightforward. The defend those children. eliminate tools that can help us clean Senate has included the administra- f our air. tion’s proposal in its version of the farm bill, but efforts continue in con- f FREE MARTIN AND GRACIA ference discussions to undermine a fair BURNHAM b 1015 and simple restoration of benefits for (Mr. TIAHRT asked and was given HAPPY 100TH ANNIVERSARY TO legal residents. These efforts clearly undermine permission to address the House for 1 J.C. PENNEY minute and to revise and extend his re- President Bush’s own proposal for res- marks.) (Mr. SAM JOHNSON of Texas asked toration of food stamps. Mr. TIAHRT. Mr. Speaker, today and was given permission to address I hope that this Congress, Mr. Speak- marks the 326th day that Martin and the House for 1 minute and to revise er, does the right thing and restores Gracia Burnham have been held cap- and extend his remarks.) food stamp benefits to legal residents, tive by Muslim terrorists in the Phil- Mr. SAM JOHNSON of Texas. Mr. and I also today ask President Bush to ippines. Speaker, I rise today to celebrate a do more to convince his party that Mr. Speaker, millions of Americans major milestone in the history of legal permanent residents deserve paid their dues on Tax Day this week, American business. This past Sunday, these benefits. It is long overdue, it is but Martin and Gracia have been pay- on April 14, J.C. Penney Company, time, and it is the right thing to do. ing the price for being Americans for whose Plano headquarters is located in f my district, celebrated 100 years of over 10 months now. The Nation they MURDERERS, NOT MARTYRS love, however, is prevented from res- serving American consumers. (Mr. PITTS asked and was given per- cuing her children. J.C. Penney is a name that Ameri- mission to address the House for 1 Martin’s parents, Paul and Oreta, are cans know well, and most of us have minute and to revise and extend his re- patriotic citizens. They pay their taxes shopped in a J.C. Penney store at some marks.) without complaining and trust the gov- point. We have learned by experience Mr. PITTS. Mr. Speaker, tragically, ernment will carry out its responsi- to expect their superior value for our Israelis and Palestinians are once bility to protect and defend our citi- money. And a century of delivering on that promise has made J.C. Penney a again in a spiral of violence. zens, all this despite the continued cap- President Bush said recently that tivity of their son and daughter-in-law. trusted name among American retail institutions and hard-working Ameri- when a Palestinian girl kills herself in I must admit, as a patriot, as a tax- order to murder an Israeli girl of her payer, as a representative of this gov- cans. When James Cash Penney opened his own age, the future is dying. No boy or ernment of the United States, I am girl should ever have to die in a ter- frustrated. I call upon President Ar- first store on the Wyoming frontier 100 years ago, he had but one passion: to rorist attack and no boy or girl should royo and the Philippine Congress to ever be misled by fanatics to go off on allow the American military to rescue serve his customers to their complete satisfaction. That passion has been the a suicide mission. our fellow Americans who are being Mr. Speaker, too many Israelis and enduring reason for his company’s held hostage. I request Secretary Pow- Palestinians have died and too many growth, survival and success, and also ell, Secretary Rumsfeld, and President Palestinian kids have been turned into why J.C. Penney has helped millions of Bush, do not take ‘‘no’’ for an answer. fanatics by the terrorists who have hi- Americans raise the quality of their Let us rescue these Americans. I be- jacked the Palestinian cause. As the lives. lieve we have the resources to rescue President said, strapping a bomb Trends may come and go; businesses Martin and Gracia, and it is our gov- around your waist and killing people is like J.C. Penney, built on timeless val- ernment’s duty to do so. As always, I not an act of martyrdom, it is an act of ues, endure. ask you to join me in prayer for Martin murder. and Gracia and their loved ones, that I want to extend my sincere con- Yesterday it was reported that the this nightmare may soon be over. gratulations to the company for 100 Saudi ambassador to Britain has writ- years of performance. f ten a lavish poem praising a young PROTECT THE CLEAN AIR ACT f homicide bomber as ‘‘the bride of loft- CONGRESS MUST RESTORE FOOD iness.’’ He says, ‘‘The doors of heaven (Ms. MCCOLLUM asked and was are opened for her.’’ given permission to address the House STAMP BENEFITS TO LEGAL IM- MIGRANTS Mr. Speaker, this is an outrage. Here for 1 minute and to revise and extend is a leader, an ambassador no less, en- her remarks.) (Mr. REYES asked and was given per- couraging children to commit murder. Ms. MCCOLLUM. Mr. Speaker, the mission to address the House for 1 There will be no peace in the Middle current administration is proposing a minute and to revise and extend his re- East until this kind of irresponsible rollback of what has been called the marks.) rhetoric stops. The international com- centerpiece of our environmental agen- Mr. REYES. Mr. Speaker, later today munity should condemn this kind of da. Instead of fighting hard to protect the House will debate a motion to in- talk with a loud and united voice. the Clean Air Act, this administration struct conferees on the Farm Security f wants to eliminate clean air programs Act that seeks to prevent the restora- that control new sources of pollution tion of benefits to legal residents. DEADLY NUCLEAR WASTE SHOULD and regional haze. Well, I am appalled that this motion NOT BE SHIPPED THROUGHOUT What does this mean? It means that is offered, given the bipartisan support AMERICA harmful emissions released from these to restore food stamp benefits to legal (Ms. BERKLEY asked and was given old power plants will continue to cause permanent residents. I am, however, permission to address the House for 1 asthma attacks and increase hospital not surprised that there are some still minute and to revise and extend her re- visits. Haze will continue to blanket in this House who continue their anti- marks.) our cities and continue to spread out, immigrant, anti-Latino and anti-fam- Ms. BERKLEY. Mr. Speaker, in the obscuring views at our national parks ily campaign. near future, the House will vote on

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.005 pfrm02 PsN: H17PT1 H1344 CONGRESSIONAL RECORD — HOUSE April 17, 2002 House Joint Resolution 87 to determine floor today to deny legal immigrants, mobile use is not compatible with the if we are going to ship deadly, high- individuals who are accessing legaliza- preservation and public enjoyment of level nuclear waste through America’s tion, accessing citizenship, paying Yellowstone, our world’s oldest na- cities and towns, through our neighbor- taxes, but, most of all, giving of their tional park, the President is pushing to hoods, and past our schools, hospitals lives so that we might be free. What a roll back a rule that would prevent and houses of worship. If you vote for tragedy. How heinous. I ask my col- snowmobile use there, a rule that the this resolution, that is what you will leagues to vote enthusiastically EPA said was among the most thor- be doing, sending over 100,000 massive against denying legal immigrants their ough and substantial scientifically shipments of highly radioactive waste rightful benefits. based rules they had seen. through the communities you rep- Let me move very quickly to my dis- Right now, the administration and resent, shipments that would be rolling appointment with the media who has the Republican majority here is also on our roads and our rails every day for now assessed Secretary Powell’s trip as trying to roll back a ban on personal the next 30 years. a failure. The Washington Post: ‘‘Pow- watercraft like jet skis in our national A single accident would threaten the ell to end trip without a cease-fire. parks, despite the clear indication health of thousands, cost billions to Sides failed to agree to talk.’’ Elec- from rangers that these have a nega- clean up, and forever ruin property val- tronic media reported ‘‘Powell’s trip tive effect on the enjoyment and pres- ues. If you do not think this can hap- unravels.’’ ervation of the parks. pen and will, think again. Just follow Let me just simply say that peace is Mr. Speaker, our environment and the headlines of transportation disas- long-standing. It is not for the impa- our national parks belong to all of us, ters we see almost weekly. Someday, tient. Our lives depend on it. This ad- and we cannot let these series of envi- instead of gasoline or chemicals, the ministration must continue to engage. ronmental rollbacks ruin them for us. We must provide a constructive pro- disasters will involve nuclear waste. f Could you look at your constituents posal, we must help, in order to have HOUSE OF REPRESENTATIVES HAS and their children and look them in the peace in the Mideast. BEEN PRODUCTIVE eye and tell them you voted for a reso- Secretary Powell must return to the Mideast. lution that allowed a massive catas- f (Mr. STEARNS asked and was given trophe to ruin their lives? BUILDING ON PAST SUCCESSES TO permission to address the House for 1 Vote ‘‘no’’ on House Joint Resolution CONTINUE WELFARE REFORM minute and to revise and extend his re- marks.) 87 for the sake of your families, the (Mr. WICKER asked and was given Mr. STEARNS. Mr. Speaker, what do sake of your constituents. permission to address the House for 1 all these things have in common? f minute and to revise and extend his re- Trade promotional authority, the en- marks.) MAKE THE BUSH TAX CUTS ergy bill, the job stimulus bill, the ter- PERMANENT Mr. WICKER. Mr. Speaker, I want to take my 1 minute to talk about the rorist insurance bill, faith-based initia- (Mr. RYUN of Kansas asked and was Welfare Reform Act of 1996, one of the tive; in fact, 51 bills all in common, given permission to address the House greatest public policy successes in half plus 90 appointments for judges? What for 1 minute and to revise and extend a century. This body will soon have the they all have in common is they have his remarks.) opportunity to continue the remark- not been acted upon by the other body. The American people elected a Re- Mr. RYUN of Kansas. Mr. Speaker, able progress made over the past 6 publican House and we have been pro- American families have recently com- years when we reauthorize the law. pleted the dreaded chore of preparing Our Nation has seen a dramatic 56 ductive over here. Governors, CEOs, their tax returns, but this year, many percent drop in welfare caseloads as coaches, deserve to have their team in found a bonus. The IRS reports that more families have broken the cycle of place. the average income tax refund is over poverty and replaced welfare checks We need the other body to act to put the $1,000, significantly higher than last with paychecks. Welfare rolls are at administration’s team in place and address the year. What does this mean? Taxpayers their lowest levels since 1965, and more 51-plus bills that are in need of action. are reaping the benefits of the Bush tax than 2 million children have been res- POINT OF ORDER cut. Here in Congress, we should be cued from poverty, a remarkable suc- Mr. FRANK. Point of order, Mr. proud of the cut that enables families cess. Speaker. to keep more of what they earn and for The reauthorization will allow us to The SPEAKER pro tempore (Mr. causing the economy to rebound as build on the principles which have SHIMKUS). The gentleman will suspend. well. helped more Americans achieve self-re- The gentleman should not urge action But there is trouble on the horizon. liance. It contains a strong work re- in the other body. The gentleman may Unless Congress takes action, this sig- quirement, continues the focus on pro- proceed. nificant tax cut will expire in the year tecting children, and strengthening Mr. STEARNS. Mr. Speaker, we need 2010 and our taxes will be raised. families, and gives more States flexi- to expedite and to take the bills that It was over 2 centuries ago that Ben- bility. were in the House and get them passed jamin Franklin said, ‘‘Nothing is cer- Mr. Speaker, the emphasis on work by the other body. tain but death and taxes.’’ While death and strengthening families in this new The American people want action by its and taxes may be certain, the death of initiative represents a winning formula elected officials here in Congress. this tax cut does not have to be. to put more needy Americans on the f Mr. Speaker, I urge my colleagues to path toward a brighter future. act now to ensure that President ANNOUNCEMENT BY THE SPEAKER f Bush’s tax relief is made permanent. PRO TEMPORE f ENVIRONMENTAL ROLLBACKS BAD The SPEAKER pro tempore. The FOR THE ENVIRONMENT Chair reminds Members not to refer to BENEFITS FOR LEGAL IMMI- (Mr. HOLT asked and was given per- action in the other body. GRANTS AND PEACE IN THE mission to address the House for 1 MIDDLE EAST f minute and to revise and extend his re- U.S. SUPREME COURT DECISION IS (Ms. JACKSON-LEE of Texas asked marks.) and was given permission to address Mr. HOLT. Mr. Speaker, despite the A CLEAR AND PRESENT DANGER the House for 1 minute and to revise fact that a majority of Americans be- TO OUR CHILDREN and extend her remarks.) lieve that we should do more, not less, (Mr. LAMPSON asked and was given Ms. JACKSON-LEE of Texas. Mr. to protect our environment, President permission to address the House for 1 Speaker, let me quickly join in with Bush is pursuing several policies to roll minute and to revise and extend his re- my colleagues from California and back environmental progress. marks.) Texas and others of goodwill to oppose Let us look at our national parks. Mr. LAMPSON. Mr. Speaker, Ludwig the amendment that will be on the Despite the clear evidence that snow- Koons still has not been returned from

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.007 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1345 Italy where he was abducted by his por- minute and to revise and extend his re- hardworking, legal permanent resi- nographer mother. marks.) dents who currently cannot buy food What is in this morning’s newspaper Mr. SHUSTER. Mr. Speaker, I rise stamps because they are not eligible headlines? Supreme Court decides to today in support of H.R. 476, the Child for assistance under the basic nutri- strike down the Child Pornography Custody Protection Act. H.R. 476 has tional program. Protection Act. This is a clear and two important functions. First, it I urge the President that he must de- present danger to children all over the works to make sure that valid parental liver on his promises to the Latino world. notification laws will not be cir- community. We need his leadership and I am concerned that this decision cumvented. Second, it secures the right inclusion, not false promises. will allow the manufacture, distribu- of a parent to be involved in medical f decisions regarding their minor daugh- tion, and possession of virtual child CHILD CUSTODY PROTECTION ACT pornography. We will potentially see a ters. rise in the exploitation of children. I think it is important to note that Mrs. MYRICK. Mr. Speaker, by direc- Child pornographic material, whether even abortion rights advocates, such as tion of the Committee on Rules, I call virtual or not, is used to lure and to ex- Planned Parenthood and the National up House Resolution 388 and ask for its ploit children. I am concerned about Abortion Federation, all encourage mi- immediate consideration. the onerous burden that this is going nors to consult their parents before The Clerk read the resolution, as fol- to place on prosecutors. Prosecutors having an abortion. Not only can a par- lows: will now have to prove the identity of ent provide the emotional and physical H. RES. 388 the children who are being exploited. support that their daughter will need, Resolved, That upon the adoption of this but a parent also knows their daugh- resolution it shall be in order without inter- Well, this is a difficult task. The Su- vention of any point of order to consider in preme Court sent a terrible message, ter’s medical history. the House the bill (H.R. 476) to amend title one that is terrible to send to the por- There is also widespread support for 18, United States Code, to prohibit taking nographic community that this behav- parental notification among the Amer- minors across State lines in circumvention ior is okay. We can be sure that the ican people. A 1998 CBS New York of laws requiring the involvement of parents Congressional Caucus on Missing and Times poll found that 78 percent of in abortion decisions. The bill shall be con- Exploited Children will do everything those polled favored requiring parental sidered as read for amendment. The previous within its power to right this wrong notification. question shall be considered as ordered on the bill to final passage without intervening and to protect our children from ex- I come from a State that requires pa- rental notification. Yet, out-of-State motion except: (1) two hours of debate on the ploitation, and we must bring Ludwig bill equally divided and controlled by the Koons home. clinics try to circumvent this law. It is chairman and ranking minority member of not uncommon practice for clinics in f the Committee on the Judiciary; and (2) one New Jersey, a State without parental motion to recommit. BIPARTISAN DENOUNCEMENT OF notification law, to advertise in Penn- The SPEAKER pro tempore (Mr. UNITED STATES SUPREME sylvania phone books. These clinics SHIMKUS). The gentlewoman from COURT DECISION INVOLVING often go as far as to highlight the fact North Carolina (Mrs. MYRICK) is recog- CHILD PORNOGRAPHY that they will perform an abortion nized for 1 hour. (Mr. PENCE asked and was given per- without parental notification. Mrs. MYRICK. Mr. Speaker, for pur- mission to address the House for 1 The passage of H.R. 476 effectively poses of debate only, I yield the cus- minute and to revise and extend his re- puts an end to this despicable practice. tomary 30 minutes to my friend, the marks.) I urge my colleagues to support this gentlewoman from New York (Ms. Mr. PENCE. Mr. Speaker, it should legislation. SLAUGHTER), pending which I yield my- be obvious on the floor of the House f self such time as I may consume. Dur- today that the denouncement of yes- FOOD STAMP RESTORATION ing the consideration of this resolu- terday’s decision by the United States tion, all time yielded is for purposes of Supreme Court is truly bipartisan. As a (Mr. BACA asked and was given per- debate only. father of three small children, I do rise mission to address the House for 1 Mr. Speaker, yesterday the Com- to denounce this deplorable decision minute and to revise and extend his re- mittee on Rules met and granted a where the court struck down a 1996 marks.) closed rule for H.R. 476, the Child Cus- Federal ban on computer-generated Mr. BACA. Mr. Speaker, the Congres- tody Protection Act. The rule waives child pornography. sional Hispanic Caucus has been work- all points of order against consider- The court actually wrote that the ing hard to restore food stamp benefits ation of the bill. It provides consider- law was not sufficiently precise and to hard-working, tax-paying legal resi- ation of H.R. 476 in the House with two that the law does not make reference dents; I state, to hard-working, tax- hours of debate, equally divided and to any crime or the creation of any vic- paying legal residents. Unfortunately, controlled between the chairman and tims. The promotion and the creation the House amendment 2846 would leave ranking minority member of the Com- of child pornography by definition cre- thousands of legal residents, perma- mittee on the Judiciary. ates victims, Mr. Speaker. nent residents, without food stamps. Finally, the rule provides for one mo- I call on my colleagues to move for- This amendment would discriminate tion to recommit, with or without in- ward expeditiously to right this wrong against permanent legal residents. structions. This is a real problem for LPRs and in the law. While the court has given Mr. Speaker, the Child Custody Pro- their families. Thirty-seven percent of solace to child pornographers, some tection Act is important to any parent all children of immigrants live in fami- protection from the law of man, I who has a teenaged daughter. We all lies that cannot afford enough nutri- would close with reflecting on the law hope that our teenaged daughters have tion on a regular basis. Most immi- of God to those out there who create the wisdom to avoid pregnancy, but if grant families include at least one this material. The Good Book says that they make a mistake, a parent is best child that is an American citizen. if anyone causes one of these little able to provide advice and counseling. These children go to school hungry be- ones to sin, it would be better for him Also, more importantly, the parent cause their parents cannot afford to to have a large millstone hung around knows the child’s past medical history. pay for food stamps or apply for food his neck and that he would be drowned. For these reasons, my home State of stamps. How can these kids study and North Carolina, along with several f learn and concentrate in the classroom other States, requires a parent to know b 1030 if they do not have enough to eat? before their child checks into an abor- We talk about ‘‘leave no child be- tion clinic. PASSAGE OF H.R. 476, CHILD hind.’’ Well, we are about to do that, This law is needed because of stories CUSTODY PROTECTION ACT through this amendment. It is time for chillingly similar to the story of a (Mr. SHUSTER asked and was given us to assure that all legal immigrants Pennsylvania mother and the tragic permission to address the House for 1 are eligible for food stamps. These are story of her 13-year-old daughter.

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.012 pfrm02 PsN: H17PT1 H1346 CONGRESSIONAL RECORD — HOUSE April 17, 2002 Several years ago, a stranger took I think I need to say that again. A actly that, imposing criminal sanc- Joyce Farley’s child out of school, pro- subcommittee of the Committee on the tions on what is literally a freedom for vided her with alcohol, transported her Judiciary voted 12 to 16 to protect the a United States citizen. out of State to have an abortion, fal- right of a rapist or someone commit- As Professor Lawrence Tribe of Har- sified medical records at the abortion ting incest, and give them the right of vard Law School and Peter Rubin of clinic, and abandoned her in a town 30 court action if anyone interferes with Georgetown University Center ex- miles away, frightened and bleeding. the pregnancy that they have caused, plained, the bill ‘‘. . . amounts to a Why? Because this stranger’s adult son taking away all the rights of the child. statutory attempt to force the most had raped Joyce Farley’s teenaged I want to reiterate again that abor- vulnerable class of young women to daughter, and she was desperate to tion is legal in the country. To prohibit carry the restrictive laws of their home cover up her son’s tracks. anyone’s right to across a State line States strapped to their backs, bearing Even worse, this may all have been for a legal purpose in the United States the great weight of those laws like the legal. It is perfectly legal to avoid pa- is foolish on the face of it, and flies in bars of a prison that follows them rental abortion consent and notifica- the face of the freedom that we enjoy. wherever they go.’’ tion laws by driving children to an- Are we going to put border crossings b 1045 other State. In fact, many abortion at the State lines? Are we going to stop providers in States where there are no people and check their cars and make Why is this body singling out young parental consent laws actually adver- sure that no minor is in there? Are we women for this treatment? I want to tise in the yellow pages in States really willing to put people’s grand- urge my colleagues to stop for a mo- where consent laws have been passed. mother in prison? Are we really willing ment and think what are we doing It is wrong, and it has to be stopped. to allow a rapist or someone who com- here. We swore an oath to uphold the The Child Custody Protection Act mits incest to go to court to sue if a Constitution, but instead we are aban- would put an end to this child abuse. If pregnancy caused by their action en- doning it, and indeed we are trashing it passed, the law would make it a crime sues? Surely not. to satisfy some of the most extreme to transport a minor across State lines But this bill, again, in addition to it elements of the majority party. to avoid laws that require parental being terribly bad policy and its fla- Moreover, I want my colleagues to consent or notification before an abor- grant unconstitutionality, is closed, so take a close look at this bill. As noted, tion. no one could even amend it. But frank- it would criminalize the act to bring in Right now, a parent in Charlotte, ly, I do not know why anyone would the minor across State lines to obtain North Carolina, must grant permission want to. It is hard to amend an uncon- an abortion without parental consent, before the school nurse gives their stitutional bill in such a way that we but the bill does not stop there. It goes child an aspirin. They have to call and could make it constitutional. But we on to provide prison time for grand- give permission for their child to have are talking about a fundamental right parents or an adult sibling or members an aspirin, but a parent cannot prevent here, not something superficial. This of the clergy who may have tried to a stranger from taking their child out measure tramples that right by impos- help a minor obtain medical care and of school and up to Maryland, for in- ing substantial new obstacles and dan- subjects them to civil action by a par- stance, for an abortion. It is total non- gers in the path of a minor seeking an ent who may have raped and impreg- sense. abortion. nated the minor. Even a cab driver, So let us do something to protect the It violates the rights of States. And even a cab driver who drove this minor thousands of children in this country. this Congress has gone on record time is subject to criminal penalty. Let us pass the child custody Protec- after time after time believing States We had one amendment trying to re- tion Act, and put a stop to the absurd are far more bright than we are. If they move that in the Committee on Rules notion that there is some sort of con- should have the right to pass their own and it was not allowed. stitutional right for an adult stranger laws, this tramples on the rights of Let me put this another way: The bill to be able to secretly take someone’s States to enact and enforce their own allows the father who rapes or anybody teenaged child into a different State laws that govern conduct within their who is carting this child, rapes or im- for an abortion. pregnates his minor daughter, to sue, I applaud my friend and colleague, own State boundaries. The assaults on the Constitution do to sue for damages. Can my colleagues the gentlewoman from Florida (Ms. not stop there. One fundamental prin- imagine that? Do my colleagues want ROS-LEHTINEN), for continuously fight- to go back home and tell people that ing this fight. I urge my colleagues to ciple of our Federal system is a State support this rule and to support the un- may not project its laws onto other that is what they voted for in the derlying legislation. States. Every citizen has a right to House of Representatives? It locks the Mr. Speaker, I reserve the balance of cross a border into another State, and victim of incest into requiring consent my time. it has been so since the founding of this from an incestuous parent. That is the Ms. SLAUGHTER. Mr. Speaker, I Republic. But we can do it in favor of quality of the legislation we are con- yield myself such time as I may con- the laws of the State that we are vis- sidering today and the leadership sume. iting, as long as we do not infringe ought to be ashamed. (Ms. SLAUGHTER asked and was upon those laws. Several amendments were offered in given permission to revise and extend This bill undermines this funda- the Committee on Rules to address her remarks.) mental principle, saying that young some of these egregious provisions, but Ms. SLAUGHTER. Mr. Speaker, I op- women are bound by the laws of their none were allowed. The closed rule is a pose this closed rule and I oppose the home States, even as they traverse the final slap in the face of our colleagues, bill that underlies it. The Committee Nation. On the face of it, that is abso- and the victims of these crimes. on the Judiciary has handed us yet lutely foolish. Because something is Vulnerable young women, deserve once again a bill that is blatantly un- legal in New York and illegal in an- better. We all want active and sup- constitutional and will never see the other State, should all New Yorkers be portive parents involved in their chil- light of day because the Senate is not allowed to go there and freely fly in dren’s major decisions, but many going to touch it. the face of a law of the other State? young women have a justifiable fear The attempt here today is to inter- Absolutely not. The Supreme Court has that they will be physically abused if fere with the rights of American citi- consistently held that States cannot they are forced to disclose their preg- zens to go from one State line across prohibit the lawful out-of-State con- nancy to their parent. Nearly one-third the other. It is never going to work. In duct of their citizens. That is a simple of minors who choose not to consult addition, and the most surprising thing premise simply put, but it is absolutely their parents have experienced violence to me, is by a vote of 16 to 12, the rap- one of the basics of our freedoms. Nor in the family. Forcing young women in ist or person who commits incest has may they impose criminal sanctions on these circumstances to notify the par- the right of court action if anyone that behavior. That has been the law of ent of their pregnancies may only exac- interferes with a pregnancy that he has this land for a long, long time, about erbate the dangerous cycle of violence caused. 200 years, I suspect. This bill does ex- in these families.

VerDate 11-MAY-2000 01:04 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.014 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1347 This is the cruel lesson of one young Ms. SLAUGHTER. Mr. Speaker, I This bill has nothing to do with con- Idaho teenager who was shot to death yield 2 minutes to the gentlewoman senting adults who have made a deci- by her father after he learned she was from California (Ms. HARMAN). sion about what to do with a preg- planning to terminate a pregnancy Ms. HARMAN. Mr. Speaker, I thank nancy. It solely focuses on young girls caused by his act of incest. Shot to the gentlewoman from New York (Ms. who are the most susceptible to confu- death by the man who had raped her. SLAUGHTER) for yielding the time to sion and difficulty of making a deci- Despite our noblest intentions, Con- me, and I want to commend her on her sion on their own health care and deci- gress cannot legislate health and fam- extraordinary testimony. I think no sion about ending a pregnancy. ily communications. one could have addressed more care- Most of these young women are not The political cynicism this rule em- fully and better the issues underlying in situations that have been presented braces today would be comical if young this bill than she did. I do not want to dramatically to us. As a State senator, women’s lives were not at stake. Con- repeat what she said. I just strongly I worked on legislation in Pennsyl- gress once again is placing its political endorse it and hope that our colleagues vania where parental consent require- agenda ahead of a woman’s ability to are listening and will oppose this bill. ments gained wide support, and I know have access to safe and appropriate I want to speak personally for just that they have obviously gained wide medical care. about a minute, Mr. Speaker. I am the support throughout the Nation because As a Member of Congress and mother mother of a 26-year-old daughter and a of those 43 States with such laws. of three daughters and long-time advo- 17-year-old daughter. I am also the The Child Custody Protection Act cate of women’s health, I strongly be- mother of a 28-year-old son and a 19- would make it a criminal offense to lieve that the health of American year-old son. I work very hard to earn transport a child across a State line to women matter, and I urge my col- their trust, and I try very hard to pro- avoid parental consent for the purpose leagues to vote no on this rule and on vide for them a moral framework in of having an abortion. That means a the underlying bill. Please do not go which they will make wise choices for person who is not the parent is taking home and say that we put the rights of their lives. a child that is a minor across a State the rapist or the perpetrator of incest When I first learned about this issue line to violate the law basically. I am above other citizens of the United some years back, my immediate in- not sure why anyone would support States and tried to restrict their right stinct was to oppose the notion that that, but unfortunately, many here to move across State lines. parents could not or should not be con- today are. Mr. Speaker, I reserve the balance of sulted when a daughter makes a deci- It is important for us to stand up for my time. Mrs. MYRICK. Mr. Speaker, I yield 2 sion about an abortion, not just across families in the United States. It is im- minutes to the gentleman from Florida State lines but in a State. I then con- portant for us to stand up also for the sulted my own daughters and they said, (Mr. DIAZ-BALART), who also serves on rights of parents to be counselors to the Committee on Rules. Mom, we would talk to you, but think their children. about all the kids who cannot talk to Some of the opponents have argued ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore (Mr. their parents. that our approach is wrong and these Our colleague from New York has young girls who are involved in these SHIMKUS). The Chair would ask the spelled out those circumstances. They visitors in the gallery to desist from tremendous life-altering decisions are dreadful and shameful, and my conversations. should be taken away from their par- Mr. DIAZ-BALART. Mr. Speaker, I view after consulting my own children ents, transported across State lines for want to commend, first of all, the gen- is that for the children of others, we a very serious medical procedure, with- tlewoman from North Carolina (Mrs. must stop this vicious legislation. For out their parents notification consent, MYRICK) for yielding me the time and children of others, to make sure that in without any necessarily records of my dear colleague, the gentlewoman safety they can seek out their con- their health in the past. This defies all from Florida (Ms. ROS-LEHTINEN) for stitutional right to an abortion in an logic. It usurps parents’ vital role, and introducing and shepherding and lead- emergency, for the children of others I think it is playing a dangerous game ing the effort on this important legisla- who will seek adult consultation but with the lives of young girls. tion. possibly not from dysfunctional or evil These girls should not be whisked When I was listening to my distin- parents. away from their problems. We should guished friend on the other side of the Mr. Speaker, I urge support of the po- not be finding more ways for them to aisle, I thought that at times she was sition of the gentlewoman from New avoid getting help from their families. referring to another piece of legisla- York. I urge us to think about the chil- We should be focused on finding ways tion. Twenty-seven States require pa- dren of others. I urge a no vote on this where we can help them and their fami- rental notification, recognizing the legislation. lies. need for parental involvement when Mrs. MYRICK. Mr. Speaker, I yield 4 This bill would certainly lead us in daughters face the confusing and some- minutes to the gentlewoman from that direction as 43 of our 50 States times frightening reality of an unex- Pennsylvania (Ms. HART). have already gone. It is not for the pected pregnancy. Strangers should not Ms. HART. Mr. Speaker, I rise in sup- Federal Government to change that. be allowed to deprive parents from the port of H.R. 476, the Child Custody Pro- Ms. SLAUGHTER. Mr. Speaker, I right to at least try to protect their tection Act. yield 2 minutes to the gentlewoman daughters from harm by taking these Unfortunately, we are hearing lots of from Texas (Ms. JACKSON-LEE). children to another State in violation dramatic stories about young women Ms. JACKSON-LEE of Texas. Mr. precisely of the State laws that have who may be victims of incest and Speaker, I thank the distinguished gen- been passed to protect the parents’ young women who may be victims of tlewoman from New York (Ms. SLAUGH- rights and to try to protect the rights other terrible crimes as a motivator for TER) for yielding me the time, and let of their daughters. us to prevent what so many States me add my appreciation as well for her What this legislation tries to do is to think is important and what so many very eloquent defense and advocacy for punish those who smuggle children people think is important, and that is, issues of choice and particularly her across State lines to, in effect, dodge that children and their medical care work in the Committee on Rules. the home State laws which are de- and their guidance be in the hands of It is interesting that my colleagues signed to protect the health and safety their parents. speak about States’ rights and are very of children and the rights of the par- This bill would simply respect that. apt to involve themselves in the rights ents. In essence, what we are trying to It would respect what 43 States have of Oregonites who have supported eu- do today with this legislation is to pro- already done in requiring parental con- thanasia through State law, but yet tect as much as possible the States’ sent or notification before a young the Federal Government and Repub- rights to have their wishes, as made woman can receive an abortion. So this licans want to intrude upon those law by their legislatures, enforced. is not a dramatic change of any kind. State rights. That is, in essence, what we are trying In fact, this is something that would On the other hand, in this instance, to do. respect States’ rights. dealing with an individual’s probably

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.016 pfrm02 PsN: H17PT1 H1348 CONGRESSIONAL RECORD — HOUSE April 17, 2002 necessity to secure assistance some- the House with a vote of 270 to 159, al- than just uphold the laws of our coun- where, the child who may happen to be most a two-thirds majority. try. It will give back to parents the 16 or 17, this legislation that we have In the 105th Congress, this legislation right to be a parent. It will strengthen today undermines the very sense of pri- also passed with a vote of 276 to only family bonds; and most importantly, vacy and the rights of a child to secure 150 against. Significant support for this Mr. Speaker, it will ensure that Amer- help from a grandparent, an uncle, an legislation is not surprising because ac- ica’s youth have a safer, healthier and aunt or a sibling who is that child’s cording to Zogby International, 66 per- brighter future. confidante, who is able to take them cent of people surveyed believe that Mr. Speaker, I thank the gentleman somewhere to assist them in a choice doctors should be legally required to from Ohio (Mr. CHABOT) and the gen- that is intelligently made. notify the parents of a girl under the tleman from Wisconsin (Mr. SENSEN- This has nothing to do with programs legal age who requests an abortion. BRENNER), as well as the gentlewoman that deal with abstinence or deal with In addition, a 1999 fact sheet created from North Carolina (Mrs. MYRICK), for the issues of not engaging in pre- by the Planned Parenthood Federation their hard work on this legislation; and marital sex. This is not what this legis- of America, one of the most adamant I thank the prolife caucus, the bill’s 98 lation is about, and I am very dis- opponents of my bill entitled, ‘‘Teen- cosponsors, and all of the organizations appointed that the Committee on Rules agers, Abortion, and Government In- which have supported H.R. 476 and have would argue for a closed rule so that trusion Laws’’ cites: ‘‘Few would deny worked tirelessly to secure consider- those of us who had amendments deal- that most teenagers, especially young- ation today. ing with others who would give advice er ones, would benefit from adult guid- Today, as the House once again votes to our young people so that we would ance when faced with an unwanted on this bill, I am hopeful that in reflec- not have a murderous condition, a pregnancy.’’ tion of the views of most Americans, child losing their life because of a back Mr. Speaker, few would deny that the Child Custody Protection Act will room botched circumstance and proce- such guidance ideally should come pass once again. Passage of this bill dure. from the teenagers’ parents. Parental will demonstrate our commitment, This is absolutely, I believe, without consent or parental notification laws Congress’ commitment to protecting mercy because what it says is that if a may vary from State to State, but they both parents and children, and I ask child has someone that they are able to are all made with the same purpose in that my colleagues vote in favor of this confide in and they can assist them in mind, to protect frightened and con- rule and later on for the bill itself. a very troubling time of their life, to fused adolescent girls from harm. This Ms. SLAUGHTER. Mr. Speaker, I make a choice about their body, an in- historical legislation will put an end to yield 3 minutes to the gentleman from telligent choice, comforted with the the abortion clinics and family plan- New York (Mr. NADLER). counsel of their religious person, and ning organizations like Planned Par- Mr. NADLER. Mr. Speaker, passage that particular individual that they enthood that exploit young, vulner- of this bill once again by this House, have confidence in, they cannot do it. able, frightened girls by luring them to which we do every Congress, knowing This is a bad rule. I hope my col- recklessly disobey State laws with ad- the Senate will not even look at it, will leagues will support the motion to re- vertisements such as the ones that we once again demonstrate the conviction commit, and I would hope that we will show later today which shout: ‘‘No of the Republican leadership that this would be a consistent Congress. If we parental consent, no waiting period.’’ is a good subject to exploit politically; are fighting the Oregonites, and we are The translation: do not worry about and that is all it will demonstrate. overlooking their State laws, then why your parents. You are a mature 13- Mr. Speaker, I will not talk too much are we now making a Federal law or in- year-old, and you know best. about the merits of the bill right now; sisting that we have to affirm Federal Our society is filled with rules and I will save that for general debate, but laws or State laws that intrude on the regulations aimed at ensuring the safe- let me say a few things. right to privacy? ty of our Nation’s youth through pa- I am in my 10th year in the House. Mrs. MYRICK. Mr. Speaker, I yield rental guidance. At my alma mater, My first 2 years there was a Demo- so much time as she may consume to Southwest Miami High School, and in cratic majority, and the Republicans the gentlewoman from Florida (Ms. many of our schools, a child cannot be used to complain about closed rules. ROS-LEHTINEN). She is the author of given an aspirin unless the school has How dare the Democrats refuse to this legislation and we thank her for been given consent by at least one par- allow Republicans, or anybody else, to that. ent or guardian. In some States, a bring amendments to the floor. Ms. ROS-LEHTINEN. Mr. Speaker, minor cannot operate a vehicle until Well, for the last 8 years, the Repub- abortion is perhaps one of the most life the age of 18. Most schools require per- licans have refused to allow amend- altering and life threatening of proce- mission to take minors on field trips; ments of any note to come to the floor dures. It leaves lasting medical, emo- and in many schools, parents have the on any bills except appropriations bills. tional and psychological consequences ability to decide whether or not to en- Let us take this bill, for example. This and is so noted by the Supreme Court, roll their children in sex education bill, which ostensibly is designed to particularly so when the patient is im- classes. protect young women in situations mature. In fact, a student cannot play foot- where they are being lured across State Although Roe v. Wade legalized abor- ball, soccer and even a noncontact lines by evil people to get them to have tion in 1973, it did not legalize the right sport such as chess without parental abortions without consulting their par- for persons other than the parent or a consent. Every one of these principles ents, which is an absurdity, but forget guardian to decide what is best for our emphasizes that parents should be in- that for a moment, there were a num- child nor did it legalize the right of volved in decisions that can seriously ber of amendments introduced in com- strangers to place our children in a affect our children. And the decision of mittee but not permitted on the floor, dangerous situation that is often de- whether or not to obtain an abortion, a such as an amendment to say this bill scribed as being potentially fatal. life-altering, potentially fatal and seri- should not apply if the person accom- ous medical procedure, should be no ex- panying the minor across State lines b 1100 ception to these rules. Safety of our was doing so because the reason the Mr. Speaker, my legislation, the Nation’s youth is precisely why over 20 minor was pregnant was because she Child Custody Protection Act, will States in our Nation have parental had been impregnated by her father. make it a Federal misdemeanor to consent or notification laws on their Picture a situation where the mother transport an underaged child across books. is dead and the father is guilty of in- State lines in circumvention of State Most would agree that the violation cest and rapes the daughter, and now local parental notification or consent or circumventing of any law should be he refuses permission for her to get an laws for the purpose of obtaining an punished. But by making the cir- abortion, and we are going to prosecute abortion. It is very simple. cumvention of State parental consent her grandfather or her brother or sister Last year in the 106th Congress, I in- and notification laws a Federal mis- for helping her to go to a State which troduced this legislation; and it passed demeanor, this legislation will do more has a more enlightened law and allows

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.019 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1349 her to get an abortion that she wants daughter’s high school that her daugh- Hope Clinic executive director Sally Burgess because she is 17 years old, and she ter had not shown up for school. After said she would not comment on the cases of wants an abortion lest she bear a child checking with friends, she learned her specific patients for legal and privacy rea- fathered by her father in an act of in- daughter was at a local clinic getting sons. She said uninvited visitors rarely come to the private clinic looking for patients dur- cestual rape. an abortion. The mother quickly ran ing a procedure, ‘‘but it does happen.’’ When Maybe some people can come up with over to the clinic to try to talk to her it does, she said, ‘‘We’re going to tell the pa- a reason against this amendment; I do daughter. The woman was not allowed tient what’s going on.’’ ‘‘We always encour- not know. There are twisted minds in in the clinic to be with her daughter. age, our patients to talk to their parents,’’ this world, but not to allow that When she contacted the police to help Burgess said. ‘‘But if the teenager is ada- amendment on the floor because they her, they told her there was nothing mant, we’re going to respect her privacy.’’ are afraid it will pass, they are afraid they could do. Instead, she had to sit Ms. SLAUGHTER. Mr. Speaker, I Members in this House will not have outside the clinic and wait while her yield myself such time as I may con- twisted minds and the amendment will daughter underwent a major medical sume in response to the gentleman. pass? procedure. Mr. Speaker, I know of no Federal The real purpose of this bill is not to How many Members here today law that prohibits a parent from being protect women, girls 17, 16 years old, would like to be sitting outside a hos- with a child; but if this law passes, a not to protect them in situations such pital while their child underwent a grandparent could certainly be prohib- as I have just mentioned, the real pur- medical procedure, prohibited by law ited from doing this. Fortunately, we pose of this bill is simply to cut away from being next to them, from being know this legislation is not going any- at the right to abortion to the extent able to care for them, from holding where. possible without falling afoul of Roe v. their hand to ease the pain? Any other Mr. Speaker, I yield 3 minutes to the Wade. operation, any other treatment, any gentlewoman from Colorado (Ms. A second amendment not permitted other reason for a minor to be in a hos- DEGETTE), a member of the Committee on the floor is the amendment that pital or clinic would require that the on the Judiciary. would exempt clergy and grandparents parent be present and consulted. But Ms. DEGETTE. Mr. Speaker, this bill and aunts and uncles from accom- not for an abortion. is unconstitutional because it would panying a person. I would simply point We should strengthen and protect the restrict the movements of citizens out also that even in committee the family. We should also protect life, the across State lines for legal purposes. majority refused to allow amendments life of the minor child and the life of And I guess the previous speaker said to be introduced by moving the pre- her unborn child. In our Declaration of our Constitution says all ‘‘men’’ are vious question, an almost unheard of Independence it states we hold these created; some Members do not think procedure. truths to be self-evident that all men that young women should have those Mr. Speaker, what is the Republican are created equal, that they are en- same rights. I think this bill would be majority afraid of? dowed by our creator with certain struck down by a court for that reason. Mrs. MYRICK. Mr. Speaker, I yield unalienable rights, and among these But equally importantly and to the myself such time as I may consume. are life. underlying bill, it is terrible public pol- Mr. Speaker, I would remind the Mr. Speaker, let us protect life and icy; and it is an ineffective attempt by House that the minority does have a strengthen families by supporting this Congress to control people’s lives. motion to recommit, as always. rule and this legislation. Every parent in this Chamber feels the Mr. Speaker, I yield 4 minutes to the ABORTION CLINIC BLOCKS MOTHER FROM same way about his or her children. I gentleman from Illinois (Mr. SHIMKUS). DAUGHTER INSIDE; GIRL WAS 16; GRANITE also have two daughters. One of them Mr. SHIMKUS. Mr. Speaker, I rise CITY POLICE SAY LAW GIVES NO VOICE TO is 12 years old, about to be going today in support of the resolution and PARENTS OF MINORS through the morass of middle school the rule that we have in front of us, (By Colleen Carroll) and high school. I love my children un- and I would like to commend the spon- A woman who tried to enter a Granite City conditionally, just like every other sor of the legislation, the gentlewoman abortion clinic to see her 16-year-old daugh- parent in this country; and when it from Florida (Ms. ROS-LEHTINEN), for ter last week was stopped by clinic officials comes to making big decisions, I would introducing the legislation. I am also and police. hope my children would come to me. I proud to be an original cosponsor of Granite City Police Chief David think that they would come to me. But Ruebhausen said the woman was seeking en- sadly, this is not true for every young this legislation. trance to the private Hope Clinic on Thurs- This legislation makes it a Federal day morning when she went across the street adult across this country. For myriad offense to knowingly transport a minor to the Gateway Regional Medical Center and reasons, thousands of adolescents and across State lines with the intent to found one of his officers. Ruebhausen said young adults do not feel that they can obtain an abortion in circumvention of she asked the officer to help her get inside turn to their parents with problems State law and parental consent or pa- the clinic. The officer called the station, and like an unplanned pregnancy. Victims rental notification law. This legisla- he was instructed not to bring the woman of incest, victims of rape, child abuse tion is specifically important in my into the clinic. ‘‘Parental consent is not nec- victims, they have good reasons why district, which lies on the border be- essary,’’ Ruebhausen said, explaining that they cannot go to a parent. Of course the Illinois abortion law allows minors to tween Illinois and Missouri, and has an undergo abortions without the permission or we should encourage teenagers to seek abortion clinic nearby that serves peo- knowledge of their parents. their parents’ advice and counsel when ple from both sides of the Mississippi Ruebhausen said such incidents—of par- facing difficult choices about abortion River. ents asking police to help them intervene in and other reproductive health issues. The problem is that Missouri has a abortions or speak with their children who But folks, there is a reality in this parental notification law and Illinois are inside abortion clinics—happen occasion- country, and that reality is sometimes currently does not. A young woman ally. But, he said, the law does not allow his there are desperate kids who we need can cross the border into Illinois to officers to intervene on behalf of the parents. to help from making a bad situation The woman could not be reached for com- have an abortion without the knowl- ment. even worse. edge or consent of her parents. A group of abortion protesters who were at The government cannot mandate I would like to relay a quick story. the clinic Thursday morning said the woman open and healthy family communica- This is not a hypothetical story. This told them that she had received a call from tion if it does not exist, and the fact of is a true incident which recently took her daughter’s high school alerting her to the matter is most young women con- place in Illinois because of Illinois’ her daughter’s absence. The woman then sidering an abortion do involve one or failure to have a parental notification learned from her daughter’s friend that her both parents. Let me say it again. Most law in place, and reported in the St. daughter was at the Hope Clinic, said Angela young women in this country involve Michael, one of the protesters. Michael said Louis Post-Dispatch, and I include the the woman was not allowed into the clinic one or both parents when making this entire article for the RECORD. until several hours after she first requested decision. But not everybody talks to In February of this year, a mother to see her daughter. ‘‘I just stood there hold- their parents because not everybody from Granite City got a call from her ing her and praying with her,’’ Michael said. can. It is these young women who most

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.022 pfrm02 PsN: H17PT1 H1350 CONGRESSIONAL RECORD — HOUSE April 17, 2002 need the advice of a trusted family making a bad decision they will regret it means putting themselves and their friend, a minister, a sympathetic for the rest of their lives. life in jeopardy. grandmother. Sometimes kids get into trouble. Make no mistake, I strongly support When a young woman cannot involve That is just the way it is. Parents measures that help to foster healthy a parent, public policies and medical should be there to help them learn the relationships between parents and professionals should encourage her to lessons that will keep them from get- their children. I would like to think involve a trusted adult because the re- ting into trouble again. that I had that kind of relationship sult of laws like this will be deaths Mr. Speaker, this is not just a par- with my own four children. But just be- from illegal abortions and unsafe abor- ent’s right. It is a parent’s duty. This cause I consider myself an approach- tions, and that is wrong. bill was written to protect that right able parent does not give me the right, Most major medical associations in- and that duty. or anyone else the right, to assume cluding the American Medical Associa- As you can see in this advertisement that all teens find their parents ap- tion, the American College of Obstetri- from the Yellow Pages in my district, proachable and understanding. Those cians and Gynecologists, the American abortion clinics go out of their way to out there who believe this is a good College of Physicians, and the Amer- advertise to girls that they do not need family-friendly bill are out of touch ican Public Health Association all have their parents’ permission to have an with reality. This bill is not going to long-standing policies opposing manda- abortion. encourage teens to talk to their par- tory parental involvement laws for this I am pro-life. We are not here today ents and it is not going to curb abor- reason. to debate pro-life versus pro-choice. We tion. Rather, this bill will encourage are here today to protect America’s b 1115 young girls who cannot or will not talk families. We are here today to guar- to their parents to seek unsafe, illegal Because of the dangers they pose to antee the right of mom and dad to act abortions. For that reason alone, I can- young women and the need for con- as the legal, moral and ethical guard- not support this bill. fidential access to physicians, the ian of their children. I urge my colleagues, vote respon- American Academy of Pediatrics and I served in the Pennsylvania legisla- sibly. Oppose the Child Custody Protec- Society for Adolescent Medicine oppose ture when we passed this parental con- tion Act. this bill. We should, too. Oppose the sent law. In Pennsylvania, we require Mrs. MYRICK. Mr. Speaker, I reserve rule. Oppose the bill. the consent of one or two parents. And the balance of my time. Mrs. MYRICK. Mr. Speaker, I yield 4 in case there is a breakdown between Ms. SLAUGHTER. Mr. Speaker, I minutes to the gentleman from Penn- the partners and child, we have a judi- yield 3 minutes to the gentlewoman sylvania (Mr. PITTS). cial bypass where the child can go con- from Illinois (Ms. SCHAKOWSKY). Mr. PITTS. Mr. Speaker, America is fidentially before a judge to get a deci- Ms. SCHAKOWSKY. Mr. Speaker, I a wonderful and diverse country. We sion. This law was designed because of thank the gentlewoman from New have people of every kind living here, a case that occurred in Pennsylvania in York for her leadership in opposition who belong to different political par- 1995. At that time, a 12-year-old young to H.R. 476. I associate myself with her ties and go to different kinds of girl was impregnated by an 18-year-old remarks. churches. Likewise we have many male. The mother of that boy took the One of the most moving experiences kinds of families. But there is one 12-year-old girl to a neighboring State, of my life was when I met with the par- thing just about every family has in New York, without her parents’ con- ents of Becky Bell, a 17-year-old who common. Parents love their children. sent or knowledge for an abortion, se- died from an illegal abortion after the The job of a parent is to raise and nur- cretly. It is outrageous that in Amer- passage in her State of parental notifi- ture his or her child until that child ica, a stranger who does not know the cation laws. We have talked a lot about reaches adulthood. The way parents do child or her medical history can take why children, why girls from families this is by setting rules and making de- that child out of State for a secret where there is violence and it is, ac- cisions that will affect their kids for abortion. cording to the AAUW, about a third of the rest of their lives. They teach val- I urge my colleagues to vote for this the teens that do not involve their par- ues and principles. They teach their important bill and to show the moms ents in the decision to make an abor- kids the difference between right and and dads of America that Congress still tion have already been victims of fam- wrong. They teach them manners and knows what it means to be a loving, ily violence and fear it will recur with pass on their faith to them. As a child caring family. the news of a pregnancy. grows and gets older, mom and dad In closing, if you look at the ads, this But I want to talk about the Bell begin to help their teenagers make is taken from the Yellow Pages in the family because this was in many ways their own responsible decisions. Even- State capital of Harrisburg. It says, no the ideal family. That is what Karen tually, when a person turns 18 or so, we parental consent, no parental consent. Bell thought, that they were very close treat them as an adult. Even the law They are doing this in violation of our with their children, they were a mid- recognizes that when a person turns 18, State law. I urge the adoption of the dle-class family, everything was going they can make their own decision bill. great. She favored parental notifica- about just about everything except per- Ms. SLAUGHTER. Mr. Speaker, I tion laws because she thought cer- haps purchasing alcohol. This is the yield 2 minutes to the gentlewoman tainly Becky, if she had a problem, way it is. This is the way it should be. from California (Ms. WOOLSEY). would come to her as she should, and Mr. Speaker, my wife and I had three (Ms. WOOLSEY asked and was given everyone in this Chamber agrees that wonderful kids who long ago left the permission to revise and extend her re- that is the way it should be, that chil- nest, who are now full grown and re- marks.) dren should go to their loving parents. sponsible adults. When they were little Ms. WOOLSEY. Mr. Speaker, I rise in It did not quite happen that way. my wife and I did our very best to strong opposition to this rule because Becky, because she was so close to her teach our kids the values that we had it shuts out an opportunity to offer an- parents, felt she could not disappoint learned, that we had learned from our other side of the issue. The other side them. She would not tell them. She parents. Our greatest desire was that would address what is best for young ended up having an illegal abortion. As our own kids by the time they left women. Becky Bell lay dying, holding her home would be ready to make their In an ideal world, teens talk to their mother’s hand, her mother said, own choices and not get themselves in parents if they find themselves in trou- ‘‘Becky, tell mommy what happened,’’ trouble. I think most parents feel that ble. In fact, in an ideal world, our teens and she would not. She would not. It way. Every parent wants their kids to would not be having sex at all. But let was not until the death certificate was be able to make good decisions. But us face it, that is not the world we live written, until the doctor said what was until they are full grown, they want to in. Many teenagers live in a world that the cause of Becky’s death. Karen be there to help them make the hard is quite the opposite and they would do would have done anything, paid the fee decision. And, if need be, to step in and anything not to tell their parents for her to go to another State, paid for prevent their son or daughter from about an unintended pregnancy, even if the abortion, anything for Becky not

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.024 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1351 to be dead. This is the reality of life in State line for the purpose of obtaining There has been a lot of talk about 11- too many situations. Again, most girls an abortion if in fact the notification and 12-year-old girls being in that situ- tell their parents. Of course they do. and parental consent laws were not ation. Frankly, no 11- or 12-year-old And involve them. The vast majority complied with. girl should be giving birth. If this soci- do. We are talking about those who not This obviously includes a taxicab ety allows it or even encourages it, only cannot because of violence, but driver who knows where the person is there is really some debate we need to often who will not. going by virtue of their address and have on that. The American Medical Association during the conversation on the way be- The health of young people is very notes that, quote, the desire to main- fore they cross State lines could clear- important to this House, and we have tain secrecy has been one of the lead- ly ascertain that the minor is being voted time and time again to try to ing reasons for illegal abortion deaths. transported for the purpose of an abor- talk about what we want to do for our That is what we are talking about, life tion. He is not required to know wheth- children. But believe me, if the House and death here, that this legislation, as er or not the parental consent laws are of Representatives goes on record well intended as it may be, is going to complied with. He would have to ascer- today saying that rapists and people cause the death of some young women tain by the fine print in the bill wheth- who perpetrate incest have rights of who feel, for one reason or another, er or not they have been complied action against anyone trying to help a that they cannot tell their parents. with. Otherwise, he will be exposed to minor child, and if it goes on record We want them to go to a respected criminal and civil liability. today saying that we have the right to adult, to a relative, a grandparent and Even if a prosecutor refused to pros- restrict American travel of American hope that they will and that those ecute a taxicab driver for this fare, citizens across State lines for legal adults can provide the guidance and there are civil damages. Even the in- purposes, we will be talked about for the care and take them to a place cest situation that the gentlewoman years to come as to whether or not we where legally and safely they can have from New York indicated, the parents are really up to the job that we took the abortion that they need. could sue the taxicab driver for civil when we raised our right hand and I urge a ‘‘no’’ vote on this bill. damages. swore to uphold the Constitution of the Mrs. MYRICK. Mr. Speaker, I reserve Another is the fact that there is no United States. the balance of my time. exception for the health of the minor. Mr. Speaker, I urge a ‘‘no’’ vote on Ms. SLAUGHTER. Mr. Speaker, I The Supreme Court, on a number of oc- this bill today. I will not call a vote on yield 1 minute to the gentlewoman casions for the last 30 years, has said the rule, but this underlying bill is from California (Mrs. DAVIS). that any antiabortion legislation must something that is really quite remark- Mrs. DAVIS of California. Mr. Speak- have an exception for the health of the able in its unintelligence, and I really er, I rise today to talk about the dan- mother. This does not include a health urge Members to vote ‘‘no’’ on it today. gerous implications of H.R. 476. While exception. Perhaps with an amendment Mr. Speaker, I yield back the balance we wish that every family engaged in we could debate this situation but be- of my time. open communication, we must recog- cause it is a closed rule, we cannot. Be- Mrs. MYRICK. Mr. Speaker, I have nize that the Federal Government is cause it is a closed rule and we cannot no further requests for time, I yield unable to mandate it. Studies show, debate many important amendments, I back the balance of my time, and I and several speakers have mentioned oppose the rule. move the previous question on the res- this, well over 60 percent of young Mrs. MYRICK. Mr. Speaker, I reserve olution. The previous question was ordered. women do seek their parents’ advice the balance of my time. when making an abortion decision. But The resolution was agreed to. Ms. SLAUGHTER. Mr. Speaker, I A motion to reconsider was laid on in situations where young women do yield myself such time as I may con- the table. not have supportive home environ- sume. Mr. SENSENBRENNER. Mr. Speak- ments or for whatever reason they are I want to remind my colleagues who er, pursuant to House Resolution 388, I unable to approach their parents, they are probably in their offices, I know a call up the bill (H.R. 476) to amend title do often turn to another trusted adult lot are in markups and doing other 18, United States Code, to prohibit tak- figure, such as a relative or a teacher, things, that what is before us today is ing minors across State lines in cir- for assistance. H.R. 476 would make a restriction of American citizens to cumvention of laws requiring the in- this illegal. cross State lines, not just the case of volvement of parents in abortion deci- If enacted, this legislation will re- what they call the minor child, but we sions, and ask for its immediate con- quire a young woman’s State laws to are restricting the right of a grand- sideration. travel with her wherever she goes. parent, a clergy person, any adults, The Clerk read the title of the bill. These laws would be her only com- brothers, sisters, siblings, even cab The text of H.R. 476 is as follows: panion during this stressful time. H.R. drivers the right to carry people across H.R. 476 476 may actually harm young women State lines. Be it enacted by the Senate and House of Rep- by compromising their access to health b 1130 resentatives of the United States of America in care services since providers would face Congress assembled, the burden of determining their pa- It is unheard of. I do not suppose any SECTION 1. SHORT TITLE. tient’s State of residence and associ- bill ever passed the House of Rep- This Act may be cited as the ‘‘Child Cus- ated laws. Instead of ordering parental resentatives saying we are going to re- tody Protection Act’’. involvement, we should provide com- strict travel of American citizens for SEC. 2. TRANSPORTATION OF MINORS IN CIR- legal purposes. That is one of the most CUMVENTION OF CERTAIN LAWS RE- prehensive reproductive health edu- LATING TO ABORTION. cation to enable young people to make important issues here. Even when we (a) IN GENERAL.—Title 18, United States these good decisions. talk about not being able to amend it, Code, is amended by inserting after chapter Mrs. MYRICK. Mr. Speaker, I reserve I do not know how you could amend it 117 the following: the balance of my time. to make it correct, because, on the face ‘‘CHAPTER 117A—TRANSPORTATION OF Ms. SLAUGHTER. Mr. Speaker, I of it, it is certainly most unconstitu- MINORS IN CIRCUMVENTION OF CER- yield 2 minutes to the gentleman from tional. TAIN LAWS RELATING TO ABORTION Virginia (Mr. SCOTT), a member of the The second most egregious part of it ‘‘Sec. committee. personally is the fact, as I pointed out ‘‘2431. Transportation of minors in cir- Mr. SCOTT. I appreciate the time before, the Committee on the Judiciary cumvention of certain laws re- lating to abortion. from the gentlewoman from New York. by a vote of 16 to 12 voted to give a rap- Mr. Speaker, I oppose the rule be- ist or a person who commits incest the ‘‘§ 2431. Transportation of minors in cir- cumvention of certain laws relating to cause it allows no amendments. There right of action against the minor child abortion are several amendments that ought to or anyone who tries to help the child ‘‘(a) OFFENSE.— be offered, that we ought to be able to get an abortion. In other words, protec- ‘‘(1) GENERALLY.—Except as provided in consider. The bill prohibits anyone tion of his work took precedence over subsection (b), whoever knowingly trans- from transporting a minor across the the right of that minor. ports an individual who has not attained the

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.026 pfrm02 PsN: H17PT1 H1352 CONGRESSIONAL RECORD — HOUSE April 17, 2002 age of 18 years across a State line, with the ‘‘117A. Transportation of minors York saw an increase in Pennsylvania intent that such individual obtain an abor- in circumvention of certain teenagers seeking to obtain abortions. tion, and thereby in fact abridges the right laws relating to abortion ...... 2431’’. This is not a surprise, because just of a parent under a law requiring parental The SPEAKER pro tempore (Mr. involvement in a minor’s abortion decision, prior to Pennsylvania’s law going into SIMPSON). Pursuant to House Resolu- in force in the State where the individual re- effect, counselors and activists in sides, shall be fined under this title or im- tion 388, the gentleman from Wisconsin Pennsylvania met to plot a strategy to prisoned not more than one year, or both. (Mr. SENSENBRENNER) and the gen- make it easier for teenagers to travel ‘‘(2) DEFINITION.—For the purposes of this tleman from New York (Mr. NADLER) to neighboring States for abortions. subsection, an abridgement of the right of a each will control 1 hour. In one disturbing case, the operator parent occurs if an abortion is performed on The Chair recognizes the gentleman for the National Abortion Federation’s the individual, in a State other than the from Wisconsin (Mr. SENSENBRENNER). toll-free national abortion hotline went State where the individual resides, without GENERAL LEAVE the parental consent or notification, or the so far as to talk a Richmond, Virginia, judicial authorization, that would have been Mr. SENSENBRENNER. Mr. Speak- area teenage girl through a travel required by that law had the abortion been er, I ask unanimous consent that all route so that the girl could obtain an performed in the State where the individual Members may have 5 legislative days abortion in the District of Columbia. resides. within which to revise and extend their This conduct is only aided by the du- ‘‘(b) EXCEPTIONS.—(1) The prohibition of remarks and include extraneous mate- bious practices of many abortion clin- subsection (a) does not apply if the abortion rial on H.R. 476. ics located in States lacking parental was necessary to save the life of the minor because her life was endangered by a phys- The SPEAKER pro tempore. Is there involvement laws. To gin up business, ical disorder, physical injury, or physical ill- objection to the request of the gen- some clinics even advertise in the Yel- ness, including a life endangering physical tleman from Wisconsin? low Pages directories distributed in condition caused by or arising from the preg- There was no objection. nearby States that require parental in- nancy itself. Mr. SENSENBRENNER. Mr. Speak- volvement, advising young girls that ‘‘(2) An individual transported in violation er, I yield myself 6 minutes. they can obtain an abortion without of this section, and any parent of that indi- Mr. Speaker, H.R. 476, the Child Cus- vidual, may not be prosecuted or sued for a parental consent or notification. Such violation of this section, a conspiracy to vio- tody Protection Act, would make it a ads only serve to lure young girls resid- late this section, or an offense under section Federal offense to knowingly transport ing in States with parental involve- 2 or 3 based on a violation of this section. a minor across a State line with the in- ment laws to these clinics, thus deny- ‘‘(c) AFFIRMATIVE DEFENSE.—It is an af- tent that she obtain an abortion, in ing parents the opportunity to provide firmative defense to a prosecution for an of- circumvention of a State’s parental love, support and advice to their fense, or to a civil action, based on a viola- consent or notification law. Violation tion of this section that the defendant rea- daughter as she makes one of the most sonably believed, based on information the of the law would be a Class One mis- important decisions of her life. defendant obtained directly from a parent of demeanor, carrying a fine of up to When confused and frightened young the individual or other compelling facts, $100,000 and incarceration for up to 1 girls are assisted in and encouraged to that before the individual obtained the abor- year. circumvent parental notice and con- tion, the parental consent or notification, or H.R. 476 has two primary purposes: sent laws by crossing State lines, they judicial authorization took place that would the first is to protect the health and are led into what will likely be a hasty have been required by the law requiring pa- safety of young girls by preventing and potentially ill-advised decision. rental involvement in a minor’s abortion de- cision, had the abortion been performed in valid constitutional State parental in- Often, these girls are being guided by the State where the individual resides. volvement laws from being cir- those who do not share the love and af- ‘‘(d) CIVIL ACTION.—Any parent who suffers cumvented. The second is to protect fection that most parents have for legal harm from a violation of subsection (a) the rights of parents to be involved in their children. In the worst of cir- may obtain appropriate relief in a civil ac- the medical decisions of their minor cumstances, these individuals have a tion. daughters. ‘‘(e) DEFINITIONS.—For the purposes of this great incentive to avoid criminal li- section— There is widespread agreement that ability for their conduct given the fact ‘‘(1) a law requiring parental involvement it is the parents of a pregnant minor that almost two-thirds of adolescent in a minor’s abortion decision is a law— who are best suited to provide her mothers have partners older than 20 ‘‘(A) requiring, before an abortion is per- counsel, guidance and support as she years of age. formed on a minor, either— decides whether to continue her preg- Parental notice and consent laws re- ‘‘(i) the notification to, or consent of, a nancy or undergo an abortion. A total flect the State’s reasoned and constitu- parent of that minor; or of 43 States have enacted some form of tional conclusion that the best inter- ‘‘(ii) proceedings in a State court; and ‘‘(B) that does not provide as an alter- a parental involvement statute. Twen- ests of a pregnant minor are served native to the requirements described in sub- ty-seven of these States currently en- when her parents are consulted and in- paragraph (A) notification to or consent of force statutes that require a pregnant volved in the process. States are free to any person or entity who is not described in minor to either notify her parents of craft their own parental notice and that subparagraph; her intent to obtain an abortion or to consent laws to allow a minor to con- ‘‘(2) the term ‘parent’ means— obtain the consent of her parents prior sult a grandmother or other family ‘‘(A) a parent or guardian; to obtaining an abortion. As these member in lieu of parents, and a few ‘‘(B) a legal custodian; or numbers indicate, parental involve- States have in fact made such a choice. ‘‘(C) a person standing in loco parentis who has care and control of the minor, and with ment laws enjoy widespread public sup- Most, however, have chosen not to whom the minor regularly resides, port as they help to ensure the health allow close relatives to serve as surro- who is designated by the law requiring pa- and safety of pregnant young girls and gates for parents in the abortion con- rental involvement in the minor’s abortion support parents in the exercise of their text. If a young girl’s circumstances decision as a person to whom notification, or most fundamental right, that is, of are such that parental involvement is from whom consent, is required; raising their children. not in her best interests, grandparents ‘‘(3) the term ‘minor’ means an individual Despite this widespread support, the and close relatives are free to assist who is not older than the maximum age re- transportation of minors across State the girl in pursuing a judicial bypass. quiring parental notification or consent, or proceedings in a State court, under the law lines in order to obtain abortions is, Indeed, the United States Supreme requiring parental involvement in a minor’s unfortunately, a widespread and fre- Court has required judicial bypass pro- abortion decision; and quent practice. Even groups opposed to cedures to be included in the State’s ‘‘(4) the term ‘State’ includes the District this bill acknowledge that large num- parental consent statute. of Columbia and any commonwealth, posses- bers of minors are transported across As the U.S. Supreme Court has stat- sion, or other territory of the United State lines to obtain abortions, in ed: ‘‘The natural bonds of affection States.’’. many cases by adults other than their lead parents to act in the best interests (b) CLERICAL AMENDMENT.—The table of chapters for part I of title 18, United States parents. of their children.’’ The decision to ob- Code, is amended by inserting after the item Following the 1994 enactment of tain an abortion is, as the Court also relating to chapter 117 the following new Pennsylvania’s parental consent law, stated, ‘‘a grave decision, and a girl of item: abortion clinics in New Jersey and New tender years under emotional stress

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.004 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1353 may be ill-equipped to make it without There are times when, in wishing for ruined, no matter who has to die, to mature advice and emotional support.’’ an ideal world, the murderous angels of pander to the extreme fringe of the In light of the widespread practice of our better nature do more harm than anti-choice radicals. circumventing validly enacted parental good. This legislation is a perfect ex- Well, being pro-life and pro-family involvement laws by the transpor- ample of that human failing. It does should mean caring about what hap- tation of minors across State lines, it not make the problem go away. It does pens to real people facing real and is entirely appropriate for Congress, not provide assistance to these young tragic crises. This bill is evidence, if with its exclusive constitutional au- women. It only makes it more likely such evidence is needed, that there are thority to regulate interstate com- that a 15- or 16- or 17-year-old girl will Members of this House who do not care merce, to enact the Child Custody Pro- have to face the consequences of her el- if a young woman must face the most tection Act. ders’ wrongdoing alone. There is no difficult moment of her life alone, This Chamber has twice approved moral or reasonable justification for even, as has been the case in the past, this legislation, each time by an over- doing that. she must die to prove the majority’s whelming majority. I encourage my We are told that States are required political bona fides. fellow Members to again provide par- to have a judicial bypass available to a b 1145 ents with this much-needed support young woman who feels she cannot go and approve this important legislation. to her parent, that a judge in those cir- She must die to prove the majority’s Mr. NADLER. Mr. Speaker, I yield cumstances will exercise the judgment political bona fides. myself such time as I may consume. and permit her to have an abortion if I would note one other thing. Quite a Mr. Speaker, I rise in opposition to a the circumstances so indicate. The Su- few States, my own State of New York bill which will have a catastrophic and preme Court has required such a provi- included, have refused to enact, to cruel impact on young women and on sion in State parental consent laws. enact parental consent laws. I was a the adults who care for them. But the fact is, and this is no secret, member of the State legislature when I think every Member of this House in many communities the so-called ju- we considered such legislation, and I believes that a young woman with an dicial bypass is a sham. Judges with a can tell my colleagues that we rejected unintended pregnancy should make strong ideological or religious opposi- that law, that bill, because the reali- any decision about what to do in that tion to the constitutional right to ties of these situations convinced us very difficult situation with her par- choose often simply will not grant that that it would do more harm than good. ents in the warm, loving environment permission. In some small commu- Now comes the party of States’ of her family. In fact, in the majority nities, the judge may know the par- rights in Federalism to tell us that of cases, that is precisely what hap- ents, may know the young woman, or they do not care what the people of our pens. may even be her teacher or some other State think, they do not care what the Ideally, young women would not get authority figure in her life. legislature of New York and other pregnant at all. Ideally, they would not To say that the judicial bypass will States think, they are going to subject get raped by their fathers or step-fa- cure any ill parental consent laws may people who come to New York to the thers or boyfriends or mothers’ boy- create is to ignore the realities of life; laws of their own States. They want to friends. Ideally, they would make ma- it is to pretend we live in an ideal enact the 21st century version of the ture and thoughtful decisions about world and to let these young women Fugitive Slave Act. They want to tell when to become sexually active and to suffer the consequences when reality young women that they are the prop- practice safe sex all the time, if they turns out to be more unpleasant. erty, the property of their home must practice sex at all. Ideally, all We are also told that by going to States, and that they carry the laws of methods of birth control would be 100 court the police will become involved their home States on their backs if percent effective. Ideally, when con- in any case of rape or incest. The re- they go to another State which has a templating an abortion, young women ality is not nearly so simple. Seeking a different view, and that they may not would be able to confide in a loving judicial bypass does not mean the engage in perfectly legal activity if the parent who would assist them in mak- court will believe the young woman or law of the State from which they came ing the right decision. involve the authorities. Sometimes makes it illegal there. This is unprece- Unfortunately, we do not live in an knowing the authorities will become dented in any real way in American ideal world; and Congress cannot legis- involved is enough to scare the young law, except for the Fugitive Slave Act. late ideal circumstances where they do woman away from going to court in the In the Fugitive Slave Act, we told not exist. first place. Of course, a counselor at a South Carolina that she could reach Because we do not live in an ideal clinic may be better able to involve the out her hand to people, to slaves who world, young women do get raped. authorities in a manner that is helpful had fled from North Carolina and gone Young women are the victims of incest. and non-threatening to the young to New York or Pennsylvania where Young women often lack the maturity woman than is a judge who may sus- freedom prevailed and said no, you are to make sensible judgments about sex- pect that a teenager is lying in order to not free under the laws of Pennsyl- uality. Young women often do not get the abortion that she wants. Judi- vania and New York, you must carry know how to avoid pregnancy, thanks cial bypass procedures neither guar- the law of South Carolina with you and in large part to the mindless resistance antee, nor does its absence preclude, the people up in New York must drag on the part of many of their elders to the involvement of the authorities. you back to slavery. This bill says if a sex and contraception education. And As in the past two Congresses, we had young woman, with the help of some sometimes they get pregnant, and they hoped to offer amendments to make friend or adult who wants to help her fear they cannot go to their parents this unyielding legislation just a little goes to another State, she is not free to without fear of violence. more humane. We wanted to exempt have an abortion if she wants, if the This bill is not about strangers, as its grandparents, for example, so that if law of that State permits it, because supporters argue. This bill would make dad rapes the daughter and the mother we will permit the law of the other a criminal out of any caring adult who is not coping with reality or is perhaps State from which she came to follow tried to help a young woman: a grand- not alive, mom’s mother can step in her, to reach out the long hand of the parent, an adult brother or sister, a and take care of her granddaughter other State and say, wherever you go, clergy member, an aunt or an uncle. It without facing a stretch in the Federal you are the property of this State. would also allow a father who had penitentiary and the threat of getting We say, you cannot get the liberty to raped his daughter to sue in law any- sued by the rapist. Unfortunately, even have the abortion you want in the one who helped her deal with the con- that modest effort to provide some other State that says you can, because sequences of his crime, because, in the ability for some adult close to the we are going to drag you back and pun- words of this bill, his rights had been young woman to help her proved too ish anyone who helped you go to that violated. Never mind that he raped the much for the Republican majority, other State. daughter and created the problem in which will go to any lengths, no matter What kind of liberty is this? What the first place. who gets hurt, no matter whose life is kind of Federalism is this?

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.038 pfrm02 PsN: H17PT1 H1354 CONGRESSIONAL RECORD — HOUSE April 17, 2002 This is not only unconstitutional, it circumvented. As such, it falls well there is a ‘‘substantial reason for the is an affront to the dignity and decency within Congress’s constitutional au- discrimination beyond the mere fact of every citizen of this country. It is an thority to regulate the transportation that they are citizens of other States.’’ affront to the people of every State of individuals in interstate commerce. Congress obviously has a substantial who have chosen not to enact the law There is a solid body of case law interest in protecting the health and that the majority wants to impose on which confirms that the authority of well-being of minor girls and in pro- them. If this Congress succeeds in Congress to regulate the transpor- tecting the rights of parents to raise doing this, it means that any State in tation of individuals in interstate com- their children. the future will be able to reach across merce is no longer in question. Par- In upholding the constitutionality of the country and control the lives of ticularly instructive is the Mann Act, parental notice and consent statutes, people in other States whom they own which flatly prohibited the interstate the United States Supreme Court has because they came from those States. transportation of women for ‘‘prostitu- consistently recognized that ‘‘during It means that if you live in one State, tion’’ or for ‘‘any other immoral pur- the formative years of childhood and even if you leave it and engage in a pose.’’ Upholding the Act, the Supreme adolescence, minors often lack the ex- perfectly legal activity in another Court held that under the commerce perience, perspective and judgment to State, that first State can still punish clause, ‘‘Congress has power over recognize and avoid choices that could you in that State. transportation ‘among the several be detrimental to them.’’ Based upon There is nothing more offensive to States,’’’ and characterized this power this reasoning, the court has allowed the idea that we are a free people who as being ‘‘complete in itself,’’ and fur- the States to enact laws that ‘‘account can go wherever we want without the ther held that incident to this power, for children’s vulnerability’’ and to permission of the government, and help Congress ‘‘may adopt not only means protect the unique role of parents. our neighbors, and follow the law than necessary,’’ but also means ‘‘conven- Thus, ‘‘legal restrictions on minors, es- this bill. This is the third time we have ient to its exercise,’’ which ‘‘may have pecially those supportive of the paren- considered this bill. Thankfully, it has the quality of police regulations.’’ tal role, may be important to the never gotten close to passage by the Congress’s commerce clause author- child’s chances for the full growth and other body. Despite the iron fist that ity to enact H.R. 476 is not placed in maturity that make eventual partici- rules this House and suppresses free de- question by the fact that it seeks to pation in a free society meaningful and bate and free ideas by not allowing prohibit interstate activities that rewarding.’’ amendments on the floor, I trust that might be legal in the State to which Opponents of H.R. 476 also contend this is the third time that the Congress the activity is directed. Application of that its criminal intent requirement disposes of this issue without sending the Mann Act has been upheld in the renders it unconstitutional. However, it to the President. transportation of a person, for exam- the bill’s requirement that defendants Mr. Speaker, I reserve the balance of ple, to Nevada, even though prostitu- ‘‘knowingly’’ transport a minor with my time. tion in Nevada is legal. And Federal the intent that the minor obtain an Mr. SENSENBRENNER. Mr. Speak- prohibitions on the transportation of abortion prevents H.R. 476 from acting er, I yield myself 1 minute. lottery tickets in interstate commerce as a strict liability law. Although H.R. Mr. Speaker, the gentleman from as well as placing letters or circulars 476 does not require defendants to be New York, my friend, has gotten car- concerning lotteries in the mail, re- aware that the conduct is criminal, a ried away in referring to this bill as gardless of whether lotteries are legal mens rea requirements still exists, the 21st century version of the Fugitive in the State to which the tickets are since the defendant must intend or Slave Act. First of all, let it be plain. transported, have also been upheld by know what he or she is doing in a phys- This bill only involves a minor crossing the United States Supreme Court. ical sense, apart from any knowledge State lines in order to evade a parental Rather than exercising its full au- as to its legality. involvement statute. Nobody over the thority under the commerce clause by Furthermore, as the court has stated, age of 18 is caught in by this bill what- simply prohibiting the interstate ‘‘The State may, in the maintenance of soever. transportation of minors for abortions a public policy, provide that he who Secondly, since Roe v. Wade, abor- without obtaining parental notice or shall do particular acts shall do them tion has been legal in every State in consent, H.R. 476 respects the rights of at his peril and will not be heard to the country, so it is not a way to shut the various States to make these often plead in defense good faith or igno- off access to abortions in any State. controversial policy decisions for rance.’’ That has been settled law since Roe v. themselves, and ensures that each A stranger that secretly takes a Wade. But the Supreme Court has also State’s policy aims regarding this issue minor across State lines for a dan- said that as long as there is a judicial are not frustrated. Nothing in H.R. 476 gerous medical procedure without bypass, parental involvement statutes affects the ability of minors residing in ascertaining her parents’ consent is are legal. So what is wrong with keep- States that have chosen not to enact a certainly aware that he or she has ing the parents involved when a deci- parental involvement law, or where a acted, in some measure, wrongly. By sion is made to give an abortion to a parental involvement law is currently finding the transporter liable when he minor when the parents, by law, have not in force, from obtaining an abor- ‘‘in fact’’ abridges a State law, H.R. 476 to be involved when a doctor treats tion without the knowledge of their puts the transporter under a duty to that minor for a hang-nail? parents. Thus, it will not supersede, ascertain parental permission before Mr. Speaker, I yield 6 minutes to the override, or in any way alter existing action is taken in order to guard gentleman from Ohio (Mr. CHABOT). State parental involvement laws. against a possible violation. Mr. CHABOT. Mr. Speaker, I thank Opponents argue that H.R. 476 vio- At the heart of the debate sur- the gentleman for yielding me this lates the rights of residents of each of rounding the Child Custody Protection time. the United States and the District of Act is a disagreement about whether As chairman of the Subcommittee on Columbia to travel to or from any common sense legislation should be en- the Constitution, I will address some of State of the Union for lawful purposes. acted in order to preserve the health of the Constitution issues and the legal First, it does not appear that the Su- pregnant young girls and support par- issues relative to H.R. 476. preme Court has ever held that ents in the exercise of their most basic Mr. Speaker, H.R. 476, The Child Cus- Congress’s power to regulate interstate right. This debate has already been tody Protection Act, is a regulation of commerce is limited by the right to held in almost all of the Nation’s State interstate commerce that seeks to pro- travel. Even assuming, however, that legislatures, 43 of which have reason- tect the health and safety of young Congress’s authority under the Inter- ably concluded that parents should be girls, as well as the rights of parents, state Commerce Clause is limited by involved in these decisions by their to be involved in the medical decisions the right to travel doctrine, the Su- minor daughters. These laws have been of their minor daughters, by pre- preme Court recognized in Saenz v. Roe validly enacted and Congress is well venting valid and constitutional State that the right to travel is ‘‘not abso- within its authority to ensure that the parental involvement laws from being lute,’’ and is not violated, so long as channels of interstate commerce are

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.031 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1355 not used to frustrate the policy goals lines; now, what if she is 17 years old am driving the car and the box is on of these laws. and she is driving, you are just accom- the seat or in the trunk. If I transport Thus, I urge my colleagues to sup- panying her and holding her hand. Are a person, I am driving the car, the per- port American families and vote in you transporting her? I yield to the son is in the car with me. favor of this important bill. gentleman. My question is, if the person who Mr. NADLER. Mr. Speaker, I yield Mr. CHABOT. Will the gentleman wants to get the abortion, who is 17 myself such time as I may consume. yield on his own time? years old and has a driver’s license, is Mr. Speaker, this debate is not really Mr. NADLER. Yes. driving the car across the State line about the parental consent, parental Mr. CHABOT. Mr. Speaker, if the per- and she has asked someone to go along notification laws; those debates occur son has knowledge and conspires to with her and he knows the purpose, is in State legislatures. This debate is transport a minor across the State that person guilty of transporting? Is whether Congress should attempt to line—— that person guilty of knowingly trans- give the power to one’s State to export Mr. NADLER. Mr. Speaker, reclaim- porting her? its law to another State by criminal- ing my time, the gentleman from Ohio The plain language of English would izing crossing the State line to do is not answering the question. Forget seem to indicate he is not transporting; something that is legal in that State the knowledge question. Let us assume she is. with respect to abortion, and that, that he has the knowledge. Transport. If the Mr. CHABOT. Mr. Speaker, if the is what makes this the 21 century Fu- young 17-year-old woman who has a gentleman would yield again, since I gitive Slave Law, because the philos- driver’s license who wants to get an have answered it four times, I would ophy of the bill is we can control what abortion asks her friend or her uncle or like to read the bill. The bill clearly our young people do wherever they do her aunt or her grandparent to accom- says, ‘‘Except as provided in subsection it, not in this State, but elsewhere. We pany her, and she is driving, are they (b), whoever knowingly transports an can criminalize anyone helping to do ‘‘transporting’’ her, under the meaning individual who has not attained the something elsewhere. of this bill? age of 18 years across a State line, with The gentleman from Ohio (Mr. the intent that such individual obtain b 1200 CHABOT) says criminal intent can be in- an abortion, and thereby in fact ferred, we know that. Well, the fact is, Mr. CHABOT. Mr. Speaker, if the abridges the right of a parent under a in some cases, it can. But let us assume gentleman will continue to yield, the law requiring parental involvement in that someone crosses the New York- gentleman says ‘‘she is driving.’’ Who a minor’s abortion decision, in force in Pennsylvania border, not necessarily is he referring to? the State where the individual resides, because they want to cross a border, Mr. NADLER. The 17-year-old who shall be fined under this title or im- but simply because the nearest town wants the abortion. prisoned not more than 1 year, or with a clinic happens to be across the Mr. CHABOT. The gentleman is say- both.’’ State border. The lines on the map are ing if the person who is going to get Mr. NADLER. Reclaiming my time, I not lines on the street in front of you. the abortion is driving the vehicle, can read the bill, too. You go to the nearest town, you help would they themselves be responsible? Mr. CHABOT. I would suggest that your young friend, your niece, your Mr. NADLER. No, would the person the gentleman do that. granddaughter, and it will be criminal, sitting in the seat next to them hold- Mr. NADLER. Mr. Speaker, reclaim- even if you had no intent to cross the ing their hand be responsible? ing my time, my point is, whoever State line, you were not even thinking Mr. CHABOT. If the gentleman will knowingly transports. If the person about the States; it just happens that yield further, if a person is involved in who is getting the abortion is doing the the nearest town is across the State a conspiracy to transport a person driving, she is transporting. She is not line. across State lines for the purpose of ob- subject to this bill. The person sitting I would also like to ask the gen- taining an abortion, and is doing that next to her is not transporting her, tleman from Ohio to yield for a ques- in violation of a parental notification under the plain English language. tion, if he would, on my time. I will law and is not the parent, then they I have read the definitions in the bill. ask the gentleman from Ohio (Mr. would be involved and they would be There are definitions in this bill of CHABOT) a question, and then I will responsible. other terms, but not of the term yield. The bill said, except as provided Whether it is a person accompanying, ‘‘transport.’’ The plain English mean- in subsection B, whoever knowingly in my opinion, a person just accom- ing is that if she is driving, no one is transports an individual, et cetera, et panying would not be criminally re- transporting her. She is transporting cetera. What does the bill mean by sponsible. herself. So what this bill does is crim- transport? I yield to the gentleman Mr. NADLER. So, in other words, the inalize someone going with her, de- from Ohio. person, if a 17-year-old minor who pending on who is at the steering Mr. CHABOT. Mr. Speaker, could the wants to get an abortion asks her wheel. gentleman from New York (Mr. NAD- grandfather or her uncle or her brother Now, I do not think that was the in- LER) repeat the question? or her friend who is 18 to accompany tent of the law, of the bill, but I think Mr. NADLER. What does the bill her across the State line to get the it is the clear meaning of the bill. I mean by the word ‘‘transport’’? Who- abortion, but she is driving, nobody has think it is just one more instance of ever knowingly transports an indi- committed a crime? Is that what the how sloppily drafted, of necessity, this vidual under 18, et cetera. gentleman is saying? bill has to be because of the nature of Mr. CHABOT. Mr. Speaker, will the Mr. CHABOT. If the gentleman will it. gentleman yield on his time? continue to yield, the gentleman needs Mr. Speaker, I reserve the balance of Mr. NADLER. I yield to the gen- to read the language that is in the my time. tleman from Ohio. statute. Mr. SENSENBRENNER. Mr. Speak- Mr. CHABOT. Mr. Speaker, ‘‘trans- Mr. NADLER. I have read the lan- er, I yield 3 minutes to the gentle- port’’ would be to take a person across guage. woman from Florida (Ms. ROS- a State line for the purpose of an abor- Mr. CHABOT. The language indicates LEHTINEN), the principal author of the tion. It would not include a taxi cab if a person transports a person across bill. driver, for example, if the taxi cab the State line, then that person is re- Ms. ROS-LEHTINEN. Mr. Speaker, driver was not involved in a conspiracy sponsible. It depends upon the level of when asked, should a person be able to to transport that person across the their involvement. take a minor girl across State lines to State line. Mr. NADLER. Mr. Speaker, I would obtain an abortion without her par- Mr. NADLER. Mr. Speaker, reclaim- tell the gentleman, I am not asking the ents’ knowledge, 85 percent of Ameri- ing my time, I did not ask what level of their involvement. But re- cans answered no in a recent poll con- ‘‘knowingly’’ means, I asked what claiming my time, the bill seems to in- ducted by Baselice and Associates. ‘‘transport’’ means. So in other words, dicate the opposite. Normally, when we Whether pro-choice or pro-life, Ameri- if you take this person across State say ‘‘transport,’’ if I transport a box, I cans agree that an abortion can leave

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.033 pfrm02 PsN: H17PT1 H1356 CONGRESSIONAL RECORD — HOUSE April 17, 2002 behind physical, emotional, spiritual, an abortion and cannot go to their par- ‘‘Mr. Chairman, you talked about all and psychological consequences. ents for fear of violence or whatever. the reasons it is important for a girl to Yet, advocates of the abortion indus- This ad says, ‘‘You can have help have parental involvement before a try continue to think that in the name here.’’ Nothing wrong with that. medical procedure, and you are abso- of Roe v. Wade, parents need not be in- Many young women justifiably feel lutely right. If I thought that this bill volved in a female’s decisions, regard- they would be physically or emotion- would accomplish parental involve- less of the fact that she may be a 12- or ally abused if forced to disclose their ment, if I thought it would eliminate 13-year-old vulnerable, frightened, and pregnancies to their parents, unfortu- the kind of pain Ms. Roberts spoke confused young girl. nately. Nearly one-third of minors who about, this panel would be even more Where is the outrage on mass-mar- choose not to consult with their par- unbalanced than it is, because I would keted Yellow Pages advertisements ents when contemplating an abortion be on the other side. such as the one right here to my side, have experienced violence in their fam- ‘‘But it won’t do that. This bill is not which clearly solicits business from ily, or feared violence, or feared being about resolving problems, this bill is young, confused girls, shouting out ‘‘no forced to live at home. about punishing people. While I under- parental consent’’? These are from the We know of the case of Spring stand that even the best of us have pu- Yellow Pages. Adams, an Idaho teenager who was nitive impulses from time to time, we Why is it that some of our opponents shot to death by her father, shot to have no business codifying them in are instead outraged by cigarette ads death after he learned she was planning law. They are venal. They are beneath which some say target minors? Do op- to terminate a pregnancy caused by his the dignity of any member of the ponents of this bill not believe that a acts of incest with her. Do Members human family.’’ child is not mature enough to choose think she could have gone to him? Mr. Speaker, I reserve the balance of not to smoke, but is mature enough to And we know that judges often will my time. choose to have a potentially fatal, not grant permission to have an abor- Mr. SENSENBRENNER. Mr. Speak- invasive surgical procedure? tion because of their own personal er, I yield 2 minutes to the gentleman The ads cry out, ‘‘Come over here. No opinions. One study found that a num- from Texas (Mr. DELAY), the distin- parental consent.’’ And it is a proce- ber of judges in Massachusetts either guished majority whip. dure, as we know, that has been linked refused to handle abortion petitions, or Mr. DELAY. Mr. Speaker, I thank the to breast cancer, medical complica- focus inappropriately, inappropriately gentleman for yielding time to me. tions, and that has left many women under the law, on the morality of abor- Mr. Speaker, the Child Custody Pro- barren for the rest of their lives. I call tion, which is none of their business to tection Act is such a needed and nec- this hypocrisy. determine, except for themselves, be- essary step because it closes a destruc- It is parents who are aware of their cause their duty is to exercise the judi- tive loophole in parents’ rights to pro- daughter’s medical history. They know cial bypass guaranteed by the law of tect their children from that lasting the ways in which she may react to that State. physical, psychological, and spiritual stressful situations, and they are best The American Medical Association consequence that is caused from abor- equipped to provide the necessary has noted that because the need for pri- tion. counseling and guidance. My bill, the vacy may be compelling, minors may As things stand today, the abortion Child Custody Protection Act, protects be driven to desperate measures to industry actually uses ‘‘No parental the inherent rights of parents, and up- maintain the confidentiality of their consent required’’ as a marketing tool holds and enforces existing State laws pregnancies. The desire to maintain se- within neighboring States that em- without creating a parental Federal crecy against the parental notification power parents to protect their children consent or notification mandate. and consent laws has been one of the from abortions by requiring their prior If parents have the right to decide a leading reasons for illegal abortion approval. That is not just wrong, it is child’s curfew and the right to grant deaths, deaths, since 1973. That is what immoral. permission for a date, they should cer- we are dealing with here, young women The CCPA simply makes the act of tainly be enabled to exercise their in- who are so fearful of telling their par- transporting a minor across the State herent rights when making a life-im- ents, for whatever reason, that they line for the purpose of performing an pacting decision about a serious, com- would rather have a coat hanger abor- abortion a Federal offense. It places plicated, and potentially life-threat- tion and have died as a result. parents back in charge of their chil- ening procedure. It defies common When the Subcommittee on the Con- dren, and it issues a warning to those sense to remove parents from any med- stitution held hearings on this bill, we who would actually insert themselves ical decisions concerning their chil- heard from an Episcopal priest, the between parents and their daughters to dren, but especially one that has life- Reverend Katherine Ragsdale, the encourage the single most horrendous long consequences, such as an abortion. vicar of St. David’s Episcopal Church, and emotionally devastating mistake I urge my colleagues to give parents who discussed the actual case of a 15- that young women are tragically per- the right to protect and care for their year-old girl who had been raped and mitted to make. own children. Let us enable children to had become pregnant. She could not go We know well that parents are in the receive the guidance they need and de- to her father, who would throw her out best position as observers to counsel serve. I urge my colleagues to vote for of the house, and she had no other fam- and advise their own daughters. The passage of H.R. 476, the Child Custody ily to turn to. Of course, if she did, this CCPA places those parents back in Protection Act. legislation would place those other rel- charge by closing a secret loophole. I thank the gentleman from Wis- atives in legal jeopardy if they helped That loophole facilitates the anony- consin (Mr. SENSENBRENNER) for his her. mous destruction of innocent life, and leadership on this issue. Though they did not cross State it creates the lasting trauma that Mr. NADLER. Mr. Speaker, I yield lines, the Reverend Ragsdale drove the haunts every young girl who ends her myself such time as I may consume. young woman to an abortion clinic, baby’s life. Mr. Speaker, the previous speaker, rather than allowing her to travel sev- I just beg the Members to vote yes on the gentlewoman from Florida, showed eral hours alone by bus to and from the this bill. us the horrible example of a perfectly procedure. This is an act of kindness, Mr. NADLER. Mr. Speaker, I yield 4 legal ad in the Yellow Pages offering not a criminal act. Reverend Ragsdale minutes to the gentlewoman from perfectly legal services in a State movingly described the pastoral coun- Texas (Ms. JACKSON-LEE). where it is legal to do so, as if there seling she provided to the young Ms. JACKSON-LEE of Texas. Mr. were something terrible about that. woman during the drive. This bill Speaker, I thank the distinguished I do not think it is terrible, I think it would make criminals of clergy pro- ranking member for yielding time to is praiseworthy. The fact is, there are viding this sort of pastoral care and me. I thank him for his voice, and I am many young women under the age of guidance. saddened that we have this debate. The 18, maybe 17, maybe 16, who cannot go Reverend Ragsdale’s observations at reason is because I believe my col- to their parents; who desperately need the subcommittee are worth repeating: leagues on both sides of the aisle are

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.040 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1357 concerned about family and children against rape and the incest that comes ance. Some family situations are not condu- and relationships. from a parental situation sometimes, if cive to open communication and some situa- I know, Mr. Speaker, that it is dif- we had looked at the numbers and tions are violent. For young women who need ficult for me to convince many of my noted that more than 75 percent of a to turn to someone other than a parent, this colleagues on my view of the ninth child already goes to that comforting law creates severe hardships. amendment of the Constitution and the parent but yet there are a percentage The need to travel across state lines may right to privacy and choice. I am an ad- of those who do not. There are a per- be necessary in states where abortion serv- vocate of choice, but as I say that, I am centage of those who do not know how ices are not readily available. This bill would an advocate of life. I encourage, in in- to travel through the judicial system unduly burden access to abortion for young stances of the private decisions of a so they cannot use judicial bypass. women who travel across state lines to obtain woman, that that woman has the right This legislation unfortunately, with such services and who choose not to involve to make a choice with respect to her all of its good intentions, will cause their parents. body between herself, her family mem- some damage, some danger and God In 1973, the U.S. Supreme Court, in Roe v. bers, and her spiritual leader. forbid, loss of life to some young per- Wade, recognized a constitutional right to This is a somewhat different debate. son who needs to have the guidance choose whether or not to have an abortion. This legislation is called ‘‘the Child other than those parents, maybe a The Court reaffirmed the right to choose in Custody Protection Act.’’ It is a con- drug-addicted parent, maybe a parent Planned Parenthood of Southeastern Pennsyl- stitutional debate, because privacy is suffering from their own ills and devils. vania v. Casey, holding that restrictions on this still an element, it is still an element I would ask my colleagues to send right are unconstitutional if they impose an of States’ rights. It is interesting that this bill back ultimately so that we ‘‘undue burden’’ on a woman’s access to abor- my colleagues can come to the floor in can reach a bipartisan approach. I tion. The right extends to both minors and one instance and promote up the value would ask them to assess this on con- adults, but the Court has permitted individual and the high virtues of States’ rights, stitutional grounds and to realize that states to restrict the ability of young women to but at the very same time, we had a de- we cannot have a double standard. To- obtain abortions within that states’ borders. Al- bate some few years ago in the same day’s State rights, tomorrow my lowing a state’s laws to extend beyond its bor- subcommittee on attacking various de- rights. ders runs completely contrary to the state sov- segregation busing orders in various Mr. Speaker, I stand in strong opposition to ereignty principles on which this country is States, where we were trying as a Con- H.R. 476, the ‘‘Child Custody Protection Act’’ founded. (CCPA) because it criminalizes any good faith gress, the Republican majority, to It is unfortunate because family members attempt by a caring adult to assist a young eliminate those busing plans. such as grandparents and siblings should not woman in obtaining abortion services across We have over and over again gone be jailed for assisting a scared grandchild or state lines. over legislation to deal with the rights younger sister in a time of need. Young CCPA is simply another effort to undermine women should be encouraged to involve an of Oregon citizens who have themselves the right of choice for a young woman by im- adult in any decision to terminate a preg- voted over and over again that they posing dangerous and unnecessary restric- nancy. wish to make a decision, a personal de- tions to abortion services. cision, on their right to die. This bill punishes adolescents by making it This bill would isolate young women from I call that, if you will, the conflict of more difficult for them to safely access con- trusted adults by placing criminal sanctions on values and the conflict of standards in stitutionally protected abortion services. CCPA providing basic comfort and advice. Abortion is this House: What is good for the goose does not protect young women nor will it a highly personal and private decision that is not good for the gander. My way or strengthen family ties. Rather, it will punish should be made by a woman and her doctor, the highway is the mentality of those and endanger those women who cannot dis- without interference from the government. I who would ask us to not have legisla- cuss unwanted pregnancy with parents by urge my colleagues to please vote against this tion like this that would be sufficiently forcing them to travel to another state alone, dangerous bill. Mr. SENSENBRENNER. Mr. Speak- and openly bipartisan. seek an unsafe illegal abortion, attempt to er, I yield 2 minutes to the distin- b 1215 self-abort, or carry an unwanted pregnancy to term. guished gentleman from Texas (Mr. How do I say that? Many amend- This bill would make it more difficult for mi- ARMEY), the majority leader. ments were offered to suggest that nors living in states with parental notification Mr. ARMEY. Mr. Speaker, I thank teenagers who have come upon difficult or consent laws to obtain an abortion by mak- the gentleman from Wisconsin for times might find the need to consult ing it a federal crime to transport minors yielding me the time. with others other than a parent who across state lines. More than 75 percent of mi- Mr. Speaker, imagine a father who would have been accused of incest or nors under 16 years old already involve one or loves his daughter, pretty little 15- rape or that there might be instances both parents in their decision to have an abor- year-old girl, all the boys are crazy of health issues that would be nec- tion. about her and so is daddy, but she has essary for this particular teenager, pos- In those cases where a young woman can- got a special boyfriend and daddy sibly 16 or 17 years old, to consult with not involve her parents in the decision, there knows those two little ones are going someone else. are others who would help by offering physical to get into trouble. So in order to The Republican majority had a and emotional support during a time of crisis, make sure that his daughter is safe, closed rule and then again we come to confusion and emotional pain. A minor should daddy piles the little 15-year-old boy the floor without giving this legisla- be able to turn to a relative, close friend, and that lives down the block about four tion a chance that it could have had even clergy members for assistance. blocks and piles him in a car and takes with a bipartisan approach. Supporters of this bill claim that judicial by- him to Arkansas to get a vasectomy. Let me cite for my colleagues, Mr. pass, a procedure which permits teenagers to That way they could have safe sex, Speaker, possibly a startling number. appear before a judge to request a waiver of they could be politically correct, and More than 75 percent of minors under the parental involvement requirement, is a pre- they could be as active as they wanted 16 years old already involved one or ferred alternative. However, many teens do to, and we would not have to bother both parents in their decision to have not make use of it because they do not know their parents with any restraint or an abortion. how to navigate the legal system. teaching or instruction or whatever. It is really the obligation of Congress Many teens are embarrassed and are afraid Daddy would just take care of it with a to confront a crisis. I know that we that an unsympathetic or hostile judge might simple little harmless surgical proce- have differences on this question of refuse to grant the waiver. Also, the confiden- dure. choice. I will never get some of my tiality of the teen is compromised if the bypass Who in this body would not be out- good friends and colleagues to agree hearing requires use of the parents’ names. In raged? How far would that father get with me on this issue, and let me make small towns, confidentiality may be further before the cops would nab him after it clear that I know that they fall on compromised if the judge knows the teen or that deal? How much crying and moan- both sides of the aisle, but if we had her family. ing before the hardship inflicted on worked on this legislation for the good There are various reasons why a young that poor child boy would we hear from of the child, to protect the child woman could not go to her parents for guid- this body here?

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.043 pfrm02 PsN: H17PT1 H1358 CONGRESSIONAL RECORD — HOUSE April 17, 2002 I have got another friend who is a Mr. Speaker, I yield 4 minutes to the from Indiana (Mr. HOSTETTLER), a daddy. I love daddies. Daddies love gentleman from Virginia (Mr. SCOTT). member of the committee. their kids so much. I have got a friend Mr. SCOTT. Mr. Speaker, this bill (Mr. HOSTETTLER asked and was who has got a 15-year-old son and he prohibits anyone from transporting a given permission to revise and extend has got a 14-year-old girl for a beau- minor across State lines in order to ob- his remarks.) tiful little girl, but she has got bad tain an abortion if the notification and Mr. HOSTETTLER. Mr. Speaker, I need of dental work. Her parents do not parental consent laws have not been thank the gentleman from Wisconsin, get her dental work. complied with. the distinguished chairman of the com- This papa loads that little girl up in There is nothing in the bill that pro- mittee, for yielding me the time. the car and drives her to Oklahoma and hibits a minor from crossing State Mr. Speaker, I rise today to urge pas- see an orthodontist, pulls out her wis- lines herself to get the abortion. Noth- sage of this common sense legislation. dom teeth, does other surgeries on her ing in the bill that would prohibit a I am disappointed that we even need to mouth. Who in this room is going to parent to cross State lines with the debate a bill that is designed to pre- condone that? Is that acceptable? What minor and evade a State requirement vent people from circumventing State right does that father have to take that both parents be notified or con- laws in order to abort a baby carried by somebody else’s child from Texas to sent. There is no prohibition so long as a minor. Oklahoma to have her teeth pulled? they go themselves and no one else I do not think most of our constitu- My colleagues would be outraged. My transports them. This prohibits some- ents consider parental involvement in colleagues would bring the force of law one from accompanying the minor. their children’s lives a radical notion. I on that person, but here we have people One of the things that we mentioned do not think most Americans consider in this body, people in this body, so- before was the amendment about taxi- parents to be the enemy of their chil- called enlightened people, who believe cab drivers. If a taxicab driver knows dren. I do think most parents desire to in safe sex. Safe sex being a child does that the minor is going to get an abor- support and love their children through not get a serious disease or does not tion and has not ascertained that the the most difficult circumstances they get pregnant. How about all the emo- parental consent laws have been com- may face. tional stress, how about all the emo- plied with, that taxicab driver is ex- Under current law, any person in the tional trauma and so forth? posed to liability, both civil and crimi- world can take a pregnant girl into his People in this body say, hey, here is nal. So if the prosecutor is not going to car, drive her to another State and co- the deal, we have got a 14-year-old son. prosecute the cab driver, the parent erce her to get an abortion, all without He has got a 13-year-old girlfriend, can sue the cab driver for damages. her parents’ knowledge or consent. This bill does not have a health ex- they get reckless, they get careless, That is a frightening and unacceptable ception and, therefore, has constitu- they get pregnant, just take that little scenario. tional problems. The Supreme Court girl, pile her in a car, take her to Ar- Why do we treat abortion differently has frequently said that there has to be kansas for an abortion, and we will than we do any other medical proce- a health exception in any abortion leg- protect a person’s right to take some- dure? If, for example, a minor was islation. taken across State lines to receive an body else’s child across the State line Finally, Mr. Speaker, I think we appendectomy without parental con- for a medical procedure that endangers ought to strongly consider the prece- sent, she would be turned back, and for her life and steals the life of an inno- dents that we are setting. The possi- cent baby. We will protect the person bility that we are prohibiting crossing the purpose of the gentleman from New who does it. What kind of heinous law State lines to do something which is York, the Fugitive Slave Act already would we have? This is no, as we say in legal in the State someone is going to. applies to appendectomies. Texas, this is no thinkin’ thing. Virginia prohibits casino gambling. If a school counselor or second cousin The most precious moment in any We could, under this idea, prohibit peo- took a minor in for a tonsillectomy family’s life, you get married and fall ple from crossing the State line, leav- without the permission of the child’s in love, you love one another and you ing Virginia to go to Las Vegas or At- parents, they would be turned away. get married and you some day come lantic City to participate in something Once again, the Fugitive Slave Act, back from the hospital and you have that is illegal in Virginia. Some States using as an analogy, already applies to got this very precious little bundle of have lottery tickets. Others do not. tonsillectomies. joy in your hands and you look down Are we going to prohibit people leaving A schoolteacher cannot even take on that little darling baby and you say the State to go buy a lottery ticket in children to the local museum without this is my baby. All my life it will be another State? Virginia used to pro- their parents’ permission, and yes, the me. I will pour my tears over this hibit shopping on Sunday. I suppose Fugitive Slave Act already applies to child. I will pour my heart into this under this legislation we prohibit tak- museum field trips. child. I will say my prayers over this ing somebody across State lines to go Opponents of this bill argue that an child. I will teach this child. I will hold shopping on Sunday if we still had adult, even if he is a rapist or a child this child. I will console this child. I those laws. molester, should be allowed to trans- will protect this child. If something The idea that we are going to pro- port a girl miles from her home, across goes wrong, my heart will break. hibit someone crossing State lines to State lines for the invasive surgical op- We would dare to leave any avenue in do something that is legal in that eration known as abortion. Since the law that would allow somebody else to State is a situation that I think we Supreme Court created a right to an take that child across a State line for ought to seriously consider and reject. abortion out of thin air 29 years ago, a life threatening surgical procedure This bill will do nothing to limit mi- our children have been susceptible to that even if it inflicts no physical harm nors crossing State lines to obtain an ideological predators who care more on the child will leave that child emo- abortion. The minor can go by herself about their proabortion agenda than tionally scarred for a lifetime? We to obtain the abortion. All this bill they do about frightened vulnerable would dare to leave that avenue for ex- does is prohibits anyone from accom- girls. ploitation open? panying them. The gentleman brought up the testi- I must say this, if my colleagues This bill does nothing to advance mony of the vicar from Massachusetts, would vote no on this bill, then they public safety, does nothing to reduce and I would like to return to that testi- are either without heart or without the abortions, and I think was counter- mony. It has been discussed here that children. productive in that if the child is going the people that are involved in this Mr. NADLER. Mr. Speaker, I yield to get an abortion and will get the procedure are confidantes of the indi- myself such time as I may consume. abortion, it makes sense for them to be vidual. According to the testimony of I have heart, I have children, or at accompanied. the one witness supplied by the minor- least one child, and I will almost cer- I would hope that we would reject the ity, in her own words, she said this: tainly vote no on this bill, and the gen- legislation. ‘‘I didn’t know the girl. I knew her tleman has no right to cast aspersions Mr. SENSENBRENNER. Mr. Speak- school nurse. The nurse had called me on my motives or anybody else. er, I yield 3 minutes to the gentleman a few days earlier to see if I knew

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.045 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1359 where she might mind find money to In Saenz, the court specifically re- clergy, who accompanies her ‘‘across a State give the girl for bus fare to and cab ferred to Doe v. Bolton, the companion line’’ on this frightening journey, even where fare home from the hospital. I was case to Roe v. Wade, which established she would have obtained the abortion any- stunned. A 15-year-old girl was going to the right to abortion which held that way, whether lawfully in another state after a more perilous trip alone, or illegally (and have to get up at the crack of dawn and under Article IV of the Constitution, a less safely) in her home state because she is take multiple buses to the hospital State may not restrict the ability of too frightened to seek a judicial bypass or alone. The nurse shared my concern visiting nonresidents to obtain abor- too terrified of physical abuse to notify a but explained that the girl had no one tions on the same terms and conditions parent or legal guardian who may, indeed, be to turn to. She feared for her safety if under which they are made available to the cause of her pregnancy. It does not ex- her father found out, and there was no lawful State residents. ‘‘The Privileges empt health care providers, including doc- other relative close enough to help.’’ and Immunities Clause, Constitutional tors, from possible criminal or civil pen- The vicar never testified that the fa- Article IV, section 2, protects persons alties. Nor does it uniformly apply home- ther would have run her out of the who enter a State seeking the medical state laws on pregnant minors who obtain house as the gentleman from New York out-of-state abortions. The law applies only services that are available there.’’ It is where the young woman seeks to go from a earlier spoke. It was up to the nurse also clear that such protections will state with a more restrictive regime into a and the child who was under duress at flow to minors given that Planned Par- state with a less restrictive one. this time to come up with this excuse, enthood v. Danforth, a 1976 decision, This amounts to a statutory attempt to and the vicar used that opportunity to held that pregnant minors have a con- force this most vulnerable class of young pray on the child’s weakness and to stitutional right to choose whether to women to carry the restrictive laws of their home states strapped to their backs, bearing move ahead with this. terminate a pregnancy. Mr. Speaker, I ask my colleagues to the great weight of those laws like the bars Mr. Speaker, it is clear this bill is of a prison that follows them wherever they remember that parents should ulti- unconstitutional as well as unwar- go (unless they are willing to go alone). Such mately be given this opportunity to ranted as well as cruel. a law violates the basic premises upon which have a decision in their child’s most SEPTEMBER 5, 2001. our federal system is constructed, and there- critical time in her life, should that To: United States House of Representatives fore violates the Constitution of the United ever happen. Committee on the Judiciary, Sub- States. Mr. NADLER. Mr. Speaker, I yield committee on the Constitution ANALYSIS myself such time as I may consume. From: Laurence H. Tribe, Tyler Professor of The essence of federalism is that the sev- Mr. Speaker, the gentleman makes a Constitutional Law, Harvard University eral states have not only different physical nonsensical point. In that case, if the Peter J. Rubin, Associate Professor of territories and different topographies but vicar had not traveled with the young Law, Georgetown University also different political and legal regimes. woman, she would have traveled alone Re: H.R. 476 and Constitutional Principles of Crossing the border into another state, and gotten the abortion. That would Federalism which every citizen has a right to do, may perhaps not permit the traveler to escape all have been preferable? In this case, the INTRODUCTION We have been asked to submit our assess- tax or other fiscal or recordkeeping duties school nurse called in the vicar because owed to the state as a condition of remaining the young woman had told her that she ment of whether H.R. 476, now pending before the House, is consistent with constitutional a resident and thus a citizen of that state, feared for her life or that she would run principles of federalism. It is our considered but necessarily permits the traveler tempo- away from home if she had, that she view that the proposed statute violates those rarily to shed her home state’s regime of could not under any circumstances, principles, principles that are fundamental laws regulating primary conduct in favor of would not under any circumstances tell to our constitutional order. That statute the legal regime of the state she has chosen her parents but she would get the abor- violates the rights of states to enact and en- to visit. Whether cast in terms of the des- force their own laws governing conduct with- tination state’s authority to enact laws ef- tion. fective throughout its domain without hav- in their territorial boundaries, and the So she called in the vicar, the vicar ing to make exceptions for travelers from rights of the residents of each of the United spoke with her, counseled her, and other states, or cast in terms of the individ- States and of the District of Columbia to rather than let her go alone, helped ual’s right to travel—which would almost travel to and from any state of the Union for certainly be deterred and would in any event her. This is not praying on the young lawful purposes, a right strongly reaffirmed be rendered virtually meaningless if the woman. This is giving pastoral guid- by the Supreme Court in its recent landmark traveler could not shake the conduct-con- ance and helping her. decision in Saenz v. Roe, 526 U.S. 489 (1999). straining laws of her home state—the propo- Mr. Speaker, we are told that this We have therefore concluded that the pro- sition that a state may not project its laws bill is somehow constitutional, but the posed law would, if enacted, violate the Con- into other states by following its citizens Supreme Court has clearly and consist- stitution of the United States. there is bedrock in our federal system. ently held that States cannot prohibit H.R. 476 would provide criminal and civil One need reflect only briefly on what re- the lawful out of State conduct of their penalties, including imprisonment for up to jecting that proposition would mean in order one year, for any person who knowingly to understand how axiomatic it is to the citizens if its lawful out of State nor transports an individual who has not at- may they impose criminal sanctions on structure of federalism. Suppose that your tained the age of 18 years across a State line, home state or Congress could lock you into this behavior as this bill does. with the intent that such individual obtain The court reaffirmed its principles in the legal regime of your home state as you an abortion. . . [if] an abortion is performed travel across the country. This would mean its landmark right to travel decision on the individual, in a State other than the that the speed limits, marriage regulations, Saenz versus Roe. In its decision, the State where the individual resides, without restrictions on adoption, rules about assisted court held that even with congres- the parental consent or notification, or the suicide, firearms regulations, and all other sional approval, California’s attempt to judicial authorization, that would have been controls over behavior enacted by the state impose on recently arrived residents required by that law in the State where the you sought to leave behind, either tempo- individual resides. the welfare laws of their former States rarily or permanently, would in fact follow H.R. 476, § 2 (a) (proposed 18 U.S.C. of residence was an unconstitutional you into all 49 of the other states as you § 2431(a)(1) and (2)). In other words, this law traveled the length and breadth of the nation penalty upon their rights to interstate makes it a federal crime to assist a pregnant in search of more hospitable ‘‘rules of the travel. minor to obtain a lawful abortion. The road.’’ If your search was for a more favor- b 1230 criminal penalties kick in if the abortion the able legal environment in which to make young woman seeks would be performed in a your home, you might as well just look up The decision also reaffirmed that the state other than her state of residence, and the laws of distant states on the internet constitutional right to travel under the in accord with the less restrictive laws of rather than roaming about in a futile effort privileges and immunity clause of Arti- that state, unless she complies with the at sampling them, since you will not actu- cle IV of the Constitution provides a more severe restrictions her home state im- ally experience those laws by traveling similar type of protection to a non- poses upon abortions performed upon minors there. And if your search was for a less hos- resident who enters a State with the within its territorial limits. The law con- tile legal environment in which to attend intent eventually to return to her tains no exceptions for situations where the college or spend a summer vacation or ob- young woman’s home state purports to dis- tain a medical procedure, you might as well home State. This principle applies to claim any such extraterritorial effect for its skip even the internet, since the theoreti- minor’s rights to seek an abortion on parental consultation rules, or where it is a cally less hostile laws of other jurisdictions nondiscriminatory terms as well as pregnant young woman’s close friend, or her will mean nothing to you so long as your through welfare benefits. aunt or grandmother, or a member of the state of residence remains unchanged.

VerDate 11-MAY-2000 01:04 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.047 pfrm02 PsN: H17PT1 H1360 CONGRESSIONAL RECORD — HOUSE April 17, 2002 Unless the right to travel interstate means read and watch material, even constitu- even with congressional approval, the State nothing more than the right to change the tionally unprotected material, in New York of California was powerless to carve out an scenery, opting for the open fields of Kansas City the distribution of which might be un- exception to its otherwise-applicable legal or the mountains of Colorado or the beaches lawful in their own states, but which New regime by providing recently-arrived resi- of Florida but all the while living under the York has chosen not to forbid. To call inter- dents with only the welfare benefits that legal regime of whichever state you call state travel for such purposes an ‘‘evasion’’ they would have been entitled to receive home, telling you that the laws governing or ‘‘circumvention’’ of one’s home-state under the laws of their former states of resi- your behavior will remain constant as you laws—as H.R. 476 purports to do, see H.R. 476, dence. This attempt to saddle these inter- cross from one state into another and then § 2(a) (heading of the proposed 18 U.S.C. state travelers with the laws of their former another is tantamount to telling you that § 2431) (‘‘Transportation of minors in cir- home states—even if only the welfare laws, you may in truth be compelled to remain at cumvention of certain laws relating to abor- laws that would operate far less directly and home—although you may, of course, engage tion’’)—is to misunderstand the basic less powerfully than would a special crimi- in a simulacrum of interstate travel, with an premise of federalism: one is entitled to nal-law restriction on primary conduct—was experience much like that of the visitor to a avoid those laws by traveling interstate. held to impose an unconstitutional penalty virtual reality arcade who is strapped into Doing so amounts to neither evasion nor cir- upon their right to interstate travel, which, special equipment that provides the look and cumvention. the Court held, is guaranteed them by the feel of alternative physical environments— Put simply, you may not be compelled to Privileges or Immunities Clause of the Four- from sea to shining sea—but that does not abandon your citizenship in your home state teenth Amendment. See Saenz, 526 U.S. at alter the political and legal environment one as a condition of voting with your feet for 503–504. iota. And, of course, if home-state legisla- the legal and political regime of whatever Although Saenz concerned new residents of tion, or congressional legislation, may sad- other state you wish to visit. The fact that a state, the decision also reaffirmed that the dle the home state’s citizens with that you intend to return home cannot undercut constitutional right to travel under the state’s abortion regulation regime, then it your right, while in another state, to be gov- Privileges and Immunities Clause of Article may saddle them with their home state’s erned by its rules of primary conduct rather IV, Section 2, provides a similar type of pro- adoption and marriage regimes as well, and than by the rules of primary conduct of the tection to a non-resident who enters a state with piece after piece of the home state’s state from which you came and to which you not to settle, but with an intent eventually legal fabric until the home state’s citizens will return. When in Rome, perhaps you will to return to her home state: are all safely and tightly wrapped in the not do as the Romans do, but you are enti- [B]y virtue of a person’s state citizenship, straitjacket of the home state’s entire legal tled—if this figurative Rome is within the a citizen of one State who travels in other regime. There are no constitutional scissors United States—to be governed as the Ro- States, intending to return home at the end that can cut this process short, no principled mans are. If something is lawful for one of of his journey, is entitled to enjoy the metric that can supply a stopping point. The them to do, it must be lawful for you as well. ‘‘Privileges and Immunities of Citizens in principle underlying H.R. 476 is nothing less, The fact that each state is free, notwith- the several States’’ that he visits. This pro- therefore, than the principle that individuals standing Article IV, to make certain benefits vision removes ‘‘from the citizens of each may indeed be tightly bound by the legal re- available on a preferential basis to its own State the disabilities of alienage in the other gimes of their home states even as they tra- citizens does not mean that a state’s crimi- States.’’ Paul v. Virginia, 8 Wall. 168, 180 verse the nation by traveling to other states nal laws may be replaced with stricter ones (1869). It provides important protections for with very different regimes of law. It follows, for the visiting citizen from another state, nonresidents who enter a State whether to therefore, that—unless the right to engage in whether by that state’s own choice or by vir- obtain employment Hicklin v. Orbeck, 437 interstate travel that is so central to our tue of the law of the visitor’s state or by vir- U.S. 518 (1978), to procure medical services, federal system is indeed only a right to tue of a congressional enactment. To be sure, Doe v. Bolton, 410 U.S. 179, 200 (1973), or even change the surrounding scenery—H.R. 476 a state need not treat the travels of its citi- to engage in commercial shrimp fishing, rests on a principle that obliterates that zens to other states as suddenly lifting oth- Toomer v. Witsell, 334 U.S. 385 (1948). right completely. erwise applicable restrictions when they re- It is irrelevant to the federalism analysis turn home. Thus, a state that bans the pos- Sanez, 526 U.S. at 501–502 (footnotes and par- that the proposed federal statute does not session of gambling equipment, of specific enthetical omitted). literally prohibit the minor herself from ob- kinds of weapons, of liquor, or of obscene Indeed, Doe v. Bolton, 410 U.S. 179 (1973), taining an out-of-state abortion without material may certainly enforce such bans which was decided over a quarter century complying with the parental consent or noti- against anyone who would bring the contra- ago, and to which the Saenz court referred, fication laws of her home state, criminal- band items into the jurisdiction, including specifically held that, under Article IV of the izing instead only the conduct of assisting its own residents returning from a gambling Constitution, a state may not restrict the such a young woman by transporting her state, a hunting state, a drinking state, or a ability of visiting non-residents to obtain across state lines. The manifest and indeed state that chooses not to outlaw obscenity. abortions on the same terms and conditions avowed purpose of the statute is to prevent But that is a far cry from projecting one under which they are made available by law the pregnant minor from crossing state lines state’s restrictive gambling, firearms, alco- to state residents. ‘‘[T]he Privileges and Im- to obtain an abortion that is lawful in her hol, or obscenity laws into another state munities Clause, Const. Art. IV, § 2, protects state of destination whenever it would have whenever citizens of the first state venture persons . . . who enter [a state] seeking the violated her home state’s law to obtain an there. medical services that are available there.’’ abortion there because the pregnant woman Thus states cannot prohibit the lawful out- Id. at 200. has not fully complied with her home state’s of-state conduct of their citizens, nor may Thus, in terms of protection from being requirements for parental consent or notifi- they impose criminal-law-backed burdens— hobbled by the laws of one’s home state cation. The means used to achieve this end as H.R. 476 would do—upon those lawfully en- wherever one travels, nothing turns on do not alter the constitutional calculus. Pro- gaged in business or other activity within whether the interstate traveler intends to hibiting assistance in crossing state lines in their sister states. Indeed, this principle is so remain permanently in her destination state, the manner of this proposed statute suffers fundamental that it runs through the Su- or to return to her state of origin. Combined the same infirmity with respect to our fed- preme Court’s jurisprudence in cases that with the Court’s holding that, like the eral structure as would a direct ban on trav- are nominally about provisions and rights as states, Congress may not contravene the eling across state lines to obtain an abortion diverse as the Commerce Clause, the Due principles of federalism that are sometimes that complies with all the laws of the state Process Clause, and the right to travel, described under the ‘‘right to travel’’ label, where it is performed without first com- which is itself derived from several distinct Saenz reinforces the conclusion, if it were plying also with the laws that would apply to constitutional sources. See, e.g., Healy v. not clear before, that even if enacted by Con- obtaining an abortion in one’s home state. Beer Institute, 491 U.S. 324, 336 n. 13 (1989) gress, a law like H.R. 476 that attempts by The federalism principle we have described (Commerce Clause decision quoting Edgar v. reference to state’s own laws to control that operates routinely in our national life. In- Mite Corp. 457 U.S. 624, 643 (1982) (plurality state’s resident’s out-of-state conduct on deed, it is so commonplace it is taken for opinion), which in turn quoted the Court’s pains of criminal punishment, whether of granted. Thus, for example, neither Virginia Due Process decision in Shaffer v. Heitner, that resident or of whoever might assist her nor Congress could prohibit residents of Vir- 433, U.S. 186, (1977)) (‘‘The limits on a State’s to travel interstate, would violate the fed- ginia, where casino gambling is illegal, from power to enact substantive legislation are eral Constitution. See also Shapiro v. traveling interstate to gamble in a casino in similar to the limits on the jurisdiction of Thompson, 394 U.S. 618, 629–630 (1969) (invali- Nevada. (Indeed, the economy of Nevada es- state courts. In either case, ‘any attempt dating an Act of Congress mandating a sentially depends upon this aspect of fed- ‘‘directly’’ to assert extraterritorial jurisdic- durational residency requirement for re- eralism for its continued vitality.) People tion over persons or property would offend cently-arrived District of Columbia residents who like to hunt cannot be prohibited from sister States and exceed the inherent limit of seeking to obtain welfare assistance). traveling to states where hunting is legal in the State’s power.’’’). In 1999, this Committee heard testimony order to avail themselves of those pro-hunt- The Supreme Court recently reaffirmed from Professor Lino Graglia of the Univer- ing laws just because such hunting may be this fundamental principle in its landmark sity of Texas School of Law. An opponent of illegal in their home state. And citizens of right to travel decision, Saenz v. Roe, 526 constitutional abortion rights, he candidly every state must be free, for example, to U.S. 489 (1999). There the Court held that, conceded that the proposed law would ‘‘make

VerDate 11-MAY-2000 01:04 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.008 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1361 it . . . more dangerous for young women to where minors are concerned. Thus, whereas a in a neighboring state with a stricter paren- exercise their constitutional right to obtain law that sought, for example, to burden tal involvement law—something she might a safe and legal abortion.’’ Testimony of adult women with their home state’s con- do, for example, because that is where the Lino A. Graglia on H.R. 1218 before the Con- stitutionally acceptable waiting periods for nearest abortion provider is located. This stitution Subcommittee of the Committee abortion (or with their home state’s con- substantively slanted way in which H.R. 476 on the Judiciary, U.S. House of Representa- stitutionally permissible medical regula- would operate fatally undermines any argu- tives, May 27, 1999 at 1. He also concluded, tions that may make abortion more costly) ment that might otherwise be available that however, that ‘‘the Act furthers the principle even when they traveled out of state to avoid principles of federalism must give way be- of federalism to the extent that it reinforces those waiting periods (or other regulations) cause this law seeks to ensure that the or makes effective the very small amount of would obviously be unconstitutional, it health and safety of pregnant minors are policymaking authority on the abortion might be argued that a law like the proposed protected in the way their home states have issue that the Supreme Court, an arm of the one, which seeks to force a young woman to decided would be best. national government, has permitted to re- comply with her home state’s parental con- In addition, the proposed law, again unlike main with the States,’’ Id. at 2. He testified sent laws regardless of her circumstances, is, one protecting parental involvement gen- that he suppor6ted the bill because he would because of its focus on minors, somehow erally, selectively targets one form of con- trol: control with respect to the constitu- support ‘‘anything Congress can do to move saved from constitutional invalidity. tionally protected procedure of terminating control of the issue back into the hands of It is not, for at least two reasons. First, a pregnancy before viability. The proposed the States.’’ Id. at 1. the importance of the constitutional right in law does not do a thing for parental control Of course, as the description of H.R. 476 we question for the pregnant minor too des- if the minor is being assisted into another have given above demonstrates, that pro- perate even to seek judicial approval for posed statute would do nothing to move state (or, where the relevant regulation is abortion in her home state—either because local, into another city or county) for the ‘‘back’’ into the hands of the states any of of its futility there, or because of her terror the control over abortion that was precluded purpose of obtaining a tattoo, or endoscopic at a judicial proceeding held to discuss her surgery to correct a foot problem, or laser by Roe v. Wade, 410 U.S. 113 (1973), and its pregnancy and personal circumstances— progeny. The several states already have surgery for an eye defect. The law is acti- means that government’s power to burden vated only when the medical procedure being their own distinctive regimes for regulating that choice is severely restricted. As Justice the provision of abortion services to preg- obtained in another state is the termination Powell wrote over two decades ago: of a pregnancy. It is as though Congress pro- nant minors, regimes that are permitted The pregnant minor’s options are much under the Supreme Court’s abortion rulings. posed to assist parents in controlling their different from those facing a minor in other That, indeed, is the very premise of this pro- children when, and only when, those children situations, such as deciding whether to posed law. But, rather than respecting fed- wish to buy constitutionally protected but marry . . . A pregnant adolescent . . . can- eralism by permitting each state’s law to op- sexually explicit books about methods of not preserve for long the possibility of erate within its own sphere, the proposed birth control and abortion in states where aborting, which effectively expires in a mat- federal statute would contravene that essen- the sale of such books to these minors is en- ter of weeks from the onset of pregnancy. tial principle of federalism by saddling the tirely lawful. Moreover, the potentially severe detriment abortion-seeking young woman with the re- The basic constitutional principle that facing a pregnant woman is not mitigated by strictive law of her home state wherever she such laws overlook is that the greater power her minority. Indeed, considering her prob- may travel within the United States unless does not necessarily include the lesser. Thus, able education, employment skills, financial for example, even though so-called ‘‘fighting she travels unaided. Indeed, it would add in- resources, and emotional maturity, un- words’’ may be banned altogether despite the sult to this federalism injury by imposing its wanted motherhood may be exceptionally First Amendment, it is unconstitutional, the regime regardless of the wishes of her home burdensome for a minor. In addition, the fact Supreme Court held in 1992, for government state, whose legislature might recoil from of having a child brings with it adult legal selectively to ban those fighting words that the prospect of transforming its parental no- responsibility, for parenthood, like attain- are racist or anti-semitic in character. See tification laws, enacted ostensibly to encour- ment of the age of majority, is one of the R.A.V. v. City of St. Paul, 505 U.S. 377, 391– age the provision of loving support and ad- traditional criteria for the termination of 392 (1992). To take another example, Congress vice to distraught young women, into an ob- the legal disabilities of minority. In sum, could not make it a crime to assist a minor stacle to the most desperate of these young there are few situations in which denying a who has had an abortion in the past to cross women, compelling them in the moment of minor the right to make an important deci- a state line in order to obtain a lawful form their greatest despair to choose between, on sion will have consequences so grave and in- of cosmetic surgery elsewhere if that minor the one hand, telling someone close to them delible. has not complied with her state’s valid pa- of their situation and perhaps exposing this Bellotti v. Baird (Bellotti II), 443 U.S. 622, 642 rental involvement law for such surgery. loved one to criminal punishment, and, on Even though Congress might enact a broader the other, going to the back alleys or on an (1979) (plurality opinion) (citations omitted). Second, the fact that the penalties on trav- law that would cover all the minors in the unaccompanied trip to another, possibly dis- class described, it could not enact a law el out of state by minors who do not first tant state. This federal statute would there- aimed only at those who have had abortions. seek parental consent or judicial bypass are fore violate rather than reinforce basic con- Such a law would impermissibly single out triggered only by intent to obtain a lawful stitutional principles of federalism. abortion for special burdens. The proposed abortion and only if the minor’s home state The fact that the proposed law applies only law does so as well. Thus, even if a law that has more stringent ‘‘minor protection’’ pro- to those assisting the interstate travel of mi- were properly drawn to protect minors could visions in the form of parental involvement nors seeking abortions may make the fed- constitutionally displace one of the basic rules than the state of destination, renders eralism-based constitutional infirmity some- rules of federalism, the proposed statute can any protection-of-minors exception to the what less obvious—while at the same time not. rendering the law more vulnerable to con- basic rule of federalism unavailable. Lastly, in oral testimony given in 1999 be- stitutional challenge because of the danger To begin with, the proposed law, unlike fore the Subcommittee on the Constitution, in which it will place the class of frightened, one that evenhandedly defers to each state’s Professor John Harrison of the University of perhaps desperate young women least able to determination of what will best protect the Virginia, while conceding that ordinarily a travel safely on their own. The importance emotional health and physical safety of its law such as this, which purported to impose of protecting the relationship between par- pregnant minors who seek to terminate their upon an individual her home state’s laws in ents and their minor children cannot be pregnancies, simply defers to states with order to prevent her from engaging in lawful gainsaid. But in the end, the fact that the strict parental control laws and subordinates conduct in one of the other states, would be proposed statute involves the interstate the interests of states that have decided that constitutionally ‘‘doubtful,’’ argued that the travel only of minors does not alter our con- legally-mandated consent or notification is constitutionality of this law is resolved by clusion. not a sound means of protecting pregnant the fact that it relates to ‘‘domestic rela- No less than the right to end a pregnancy, minors. The law does not purport to impose tions,’’ a sphere in which, according to Pro- the constitutional right to travel interstate a uniform nationwide requirement that all fessor Harrison, ‘‘the state with the primary and to take advantage of the laws of other pregnant young women should be subject to jurisdiction over the rights and responsibil- states exists even for those citizens who are the abortion laws of their home states and ities of parties to the domestic relations is not yet eighteen. ‘‘Constitutional rights do only those abortion laws wherever they may the state of residence . . . and not the state not mature and come into being magically travel. Thus, under H.R. 476, a pregnant where the conduct’’ at issue occurs. See only when one attains the state-defined age minor whose parents believe that it would be transcript of the Hearing of the Constitution of majority. Minors, as well as adults, are both destructive and profoundly disrespect- Subcommittee of the House Judiciary Com- protected by the Constitution and possess ful to their mature, sexually active daughter mittee on the Child Custody Protection Act, constitutional rights.’’ Planned Parenthood to require her by law to obtain their consent May 27, 1999. of Central Missouri v. Danforth, 428 U.S. 52, before having an abortion, and who live in a This ‘‘domestic relations exception’’ to 74 (1976). Nonetheless, the Court has held state whose laws reflect that view, would, principles of federalism described by Pro- that, in furtherance of the minors’ best in- despite the judgment expressed in the laws of fessor Harrison, however, does not exist, at terests, government may in some cir- her home state, still be required to obtain least not in any context relevant to the con- cumstances have more leeway to regulate parental consent should she seek an abortion stitutionality of H.R. 476. To be sure, acting

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.011 pfrm02 PsN: H17PT1 H1362 CONGRESSIONAL RECORD — HOUSE April 17, 2002 pursuant to Article IV, § 1, Congress has pre- really going on, perhaps scarred for life any way possible to hamstring the ex- scribed special state obligations to accord by the unpardonable intervention of ercise of the constitutional right of full faith and credit to judgments in the do- the adult stranger who acted as a pa- women to choose within the limits of mestic relations context—for example, to child custody determinations and child sup- rental surrogate. If there are complica- what the Supreme Court has said. port orders. 28 U.S.C. §§ 1738A, 1738B. These tions, severe bleeding, perforated uter- The real interest in this bill is not to provisions also establish choice of law prin- us, emotional or psychological after- protect young women who may be ciples governing modification of domestic re- math, do not expect any help from the helped by a grandfather or a brother or lations orders. In addition, in a controversial stranger; but of course a parent would a sister or a clergy person in doing provision whose constitutionality is open to be there to help, to love and to nurture something which she is determined to question, Congress has said that states are and to heal. It is both a parental moral do. In the case we talked about before, not required to accord full faith and credit to duty and legal duty, but it is really out she would have done it anyway; but at same-sex marriages. Id. at § 1738C. But the special measures adopted by Con- of deep love. A parent would sacrifice least she had someone to help her gress in the domestic relations context can thier own life for their daughter and be along and give her counseling and hold provide no justification for H.R. 476. There is there; the stranger would not. her hand. The intent of this bill is to a world of difference between provisions like It would not take very long to ask, try to stop her from having an abortion §§ 1738A and 1738B, which prescribe the full Mr. Speaker, did the meddling stranger because the people in this House have faith and credit to which state judicial de- tell her that abortion has significant determined that they are right and she crees and judgments are entitled, and pro- physical and emotional consequences? is wrong and she should not be able to posed H.R. 476, which in effect gives states statutes extraterritorial operation—by pur- Did the stranger inform her that it have an abortion. porting to impose criminal liability for might increase her risk of breast can- Forgetting that question, the real interstate travel undertaken to engage in cer? question in this bill is: Can the Con- conduct lawful within the territorial juris- A 1994 study by cancer researcher gress of the United States say to a diction of the state in which the conduct is Janet Daling of the Fred Hutchinson young woman, she is the property of to occur, based solely upon the laws in effect Cancer Research Center indicated if a the State in which she lives, and she in the state of residence of the individual girl under the age of 18 has an abor- must carry around on her back the law who seeks to travel to a state where she can tion, the risk of breast cancer increases which it enacted which tells her that engage in that conduct lawfully. The Supreme Court has always differen- by 150 percent. If she or any member of she cannot do something even if she tiated ‘‘the credit owed to laws (legislative her family has any history of breast goes to another State where she can do measures and common laws) and to judg- cancer, that first abortion means that it? ments.’’ Baker v. General Motors Corp., 522 her risk of breast cancer skyrockets to The plain meaning of the Constitu- U.S. 222, 232 (1998). For example, while a 270 percent. Dr. Daling’s National Can- tion, and the Supreme Court has re- state may not decline on public policy cer Institute-funded study comports affirmed that, is that Congress cannot grounds to give full faith and credit to a ju- with more than two dozen similar stud- do that. The citizens of each State dicial judgment from another state, see, e.g., ies showing the abortion-breast cancer shall be entitled to all privileges and Fauntleroy v. Lum, 210 U.S. 230, 237 (1908), a forum state has always been free to consider link. immunities of citizens in the several its own public policies in declining to follow Mr. Speaker, we can take it to the States. That was enacted after the the legislative enactments of other states. bank: neither the stranger nor the Civil War because of the Fugitive Slave See Nevada v. Hall, 440 U.S. 410, 421–24 (1979). abortionist himself informed her of Act, because South Carolina should not In short, under the Full Faith and Credit this long-term, deleterious con- be entitled to tell an escaped slave in Clause, a state has never been compelled ‘‘to sequence. New York, although New York does not substitute the statutes of other states for its Mr. Speaker, it is tragic beyond permanent slavery, South Carolina’s own statutes dealing with a subject matter words that the abortion rights move- laws do, and we are going to extend our concerning which it is competent to legis- ment not only promotes mutilations, late.’’ Pacific Employers Ins. Co. v. Indus- law here and drag the slave back and trial Accident Comm’n, 306 U.S. 493, 501 dismemberment and chemical poi- force the slave into our laws of slavery. (1939). In fact, the Full Faith and Credit soning of children by abortions, they Mr. Speaker, Congress cannot do the Clause was meant to prevent ‘‘parochial en- further destroy the family by invading same thing. Congress cannot say to a trenchment on the interests of other the sacred space between parents and young woman that we are going to States.’’ Thomas v. Washington Gas Light their teenage daughters. The so-called force her to obey the law of her own Co., 448 U.S. 261, 272 (1980) (plurality opinion). choice to mutilate, dismember and State, we are going to criminalize A state is under no obligation to enforce an- chemically poison little children is un- someone who attempts to help do other state’s statute with which it disagrees. But H.R. 476 would run afoul of that prin- conscionable. Currently even a 14-year- something that is perfectly legal in ciple. It imposes the restrictive laws of a old, often with the assist from a New York or some other State because woman’s home state wherever she travels, in stranger, has an unfettered and secret it is not legal where she came from; derogation of the usual rules regarding right in many States to have her baby and I cited the Supreme Court deci- choice of law and full faith and credit. destroyed in a horrific procedure. I sions before, which are recent Supreme Mr. Speaker, I reserve the balance of urge my colleagues to wake up. Abor- Court decisions. my time. tion is violence against children. Ena- We cannot look at the interstate Mr. SENSENBRENNER. Mr. Speak- bling a stranger to facilitate a minor’s commerce clause. Women are not ob- er, I yield 3 minutes to the gentleman secret abortion only adds abuse to jects of commerce. I hope the majority from New Jersey (Mr. SMITH). abuse. is not telling us that women are ob- Mr. SMITH of New Jersey. Mr. Mr. NADLER. Mr. Speaker, I yield jects of commerce under the meaning Speaker, imagine as a parent the shock myself such time as I may consume. of the interstate commerce clause, that and profound sorrow upon learning Mr. Speaker, the gentleman states Congress can regulate interstate com- after the fact that some adult stranger his views of abortion. There are clearly merce. Women are citizens of the deliberately kept the parents out of the differing views. We are not going to United States and people, not subjects decision-making process and took an settle them in this debate today. He of commerce. We said in the Norris- underaged girl for a secret abortion in thinks it is a cruel procedure. Some of LaGuardia Act that labor is not to be another State. Imagine the feelings of us think it is a procedure which in considered a commodity in Congress, helplessness, hopelessness, and viola- many cases is unavoidable. But in any nor should women be, nor will the Su- tion that you would feel when your ex- event, the Supreme Court of the United preme Court support that, nor is this tremely vulnerable daughter, perhaps States says it is the right of a woman bill constitutional. confused, frightened and even numb, to choose if she wishes, and she should Mr. Speaker, I reserve the balance of was whisked away to an abortion mill be counseled as to the consequences my time. by a stranger to pursue the violent and so forth; but it is her choice. Mr. SENSENBRENNER. Mr. Speak- death of her baby. But this bill before us has nothing to er, I yield 3 minutes to the gentleman Her baby, your grandchild, dead in a do with that, except for the fact it is from Florida (Mr. STEARNS). sneaky scheme deliberately contrived simply another step in the attempt to Mr. STEARNS. Mr. Speaker, I rise of to deceive the parent about what was in any way possible reduce abortions in course in support of H.R. 476, the Child

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.014 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1363 Custody Protection Act. Unfortu- age of women die from complications consent and parent notification laws. nately, in May of 2000, Florida’s paren- of child birth than from complications Mothers have previously testified be- tal notification laws were challenged from abortion. I am certainly not argu- fore State legislatures and Congress in circuit court and a permanent in- ing for abortions for that reason, but I about the horror of finding out that junction was granted. So we in Florida am saying that we cannot say that their young daughters had obtained se- are very much involved with this de- abortions are life threatening, al- cret abortions and of having to pick up bate. To give amnesty to those who though demagogues do say that. the pieces of the emotional and phys- manipulate State laws by crossing into Mr. STEARNS. Mr. Speaker, will the ical consequences. As a mother of two, States without parental notification gentleman yield? it is very disconcerting to me to know laws, in my opinion the people who Mr. NADLER. I yield to the gen- that the parent-child relationship support this bill, it is irresponsible and tleman from Florida. could be undermined in such a manner. a misguided use of the law. Mr. STEARNS. But the gentleman As pointed out earlier, studies have When we talk about this law, we are would agree that advertising to minors shown that most school-age mothers talking about safety here. To leave to allow them to go across State lines are impregnated by adult men, with parents out of such a serious decision for an abortion is wrong? the median age of the father being 22 for the child with potentially long- Mr. NADLER. Mr. Speaker, I would years old. Thus, many of the third par- term medical, emotional and psycho- not agree that it is wrong. An abortion ties taking minors across State lines logical consequences is to jeopardize is a legal medical service, and in some are older boyfriends who obviously the health of the child. So when we States it is legal to do without paren- have a very personal interest in the talk about the Fugitive Slave Act or tal consent. And there are some young young girl obtaining an abortion and in we talk about commerce, we are miss- women, some young women, who fear keeping it secret from her parents. ing the point. We are talking about for their lives if they have to tell their Congress must ensure that State laws safety. parents, and cannot tell their parents, designed to protect the integrity and To leave parents out of this decision and desperately need an abortion, and sanctity of the parent-child relation- for minors, in my opinion, is irrespon- will get the abortion by coat hanger at ship are not undermined. I con- sible. Some seem to suggest that most this risk to their life. It is better in sequently urge my colleagues to sup- parents are not being reasonable but that case to know that they can get a port passage of this legislation. their primary concern is their teenaged safe abortion in a safe medical proce- Mr. NADLER. Mr. Speaker, I yield daughter. One study has shown that up dure across State lines rather than re- myself such time as I may consume. I to two-thirds of the school-aged moth- sorting to the coat hangers. would simply point out that in such ers were impregnated by adult males. Mr. Speaker, many speakers on the cases, those people, those males, can be These men could be prosecuted under other side have talked about people prosecuted for statutory rape, and State statutory rape laws, giving them who prey on young women, who have probably should be. This bill does not a strong incentive to pressure the an ideological desire to promote abor- add or detract anything from them. young woman to agree to an abortion tions. I do not know of anybody who Ms. JACKSON-LEE of Texas. Mr. without involving her parents. has an ideological desire to promote Speaker, will the gentleman yield? Let us put this into perspective. A abortions. I know of people who have Mr. NADLER. I yield to the gentle- child must have parental consent to be ideological desires to let women have woman from Texas. given an aspirin. Should the child want abortions if they want to. I do not Ms. JACKSON-LEE of Texas. I thank to go on a field trip, parental consent know of anybody who desires to pro- the gentleman for yielding. is required. Play in the school band, mote abortions as a good thing, in and I would like to expand on his point, parental consent. Cosmetic ear pierc- of themselves. just to reinforce a point that I think is ing, that requires parental consent. Putting aside, we are talking about being lost in this debate. I indicated Why? Because they are concerned evil people who will prey upon young that Congress usually rises to the occa- about safety for fear that the girl may women and take them across State sion to respond when there is a crisis, contract dangerous infections. lines for the reason of getting an abor- when we find that the law is being vio- Here we have advertising to minors tion for some nefarious motive. lated and being ignored, the laws of that they can cross State lines, but particular States who may have these b 1245 surely the gentleman from New York laws regarding parental consent. would not support advertising of ciga- If that is the true purpose of this bill, I also noted that we probably will not rettes to minors to allow them to I would want to know, on their time, get our friends and colleagues all to smoke, so this kind of advertising why the majority would not permit agree with us on the question of choice, should be prohibited; and obviously we amendments on the floor to exempt the but I have already said that more than should prohibit allowing young minors grandparent or the sibling, the brother 75 percent of minors under 16 already to go across State lines. or sister. What are they afraid of? Are involve one or both parents in the deci- Parents know what is best for their they afraid that the logic of that sion to have an abortion. What about daughters’ medical condition and can amendment is so strong even for people the individual, however, that is living best help their daughters in times of who might support this bill that it on their own, that has been raped by a need. I ask my colleagues to support might pass? Why would they not even close family member, whose parent this bill and pass it. permit amendments in committee? may be in some condition that they are Mr. NADLER. Mr. Speaker, I yield Why was it so necessary to call a halt not able to give counsel? myself such time as I may consume. by moving the previous question before And we now are intruding upon the Mr. Speaker, cigarettes are harmful Members had returned to the com- right to travel, the constitutional right to one’s health and may kill one. They mittee from a vote on the floor? What of choice on this particular minor who are certainly much more harmful than are they afraid of, a little logic and cannot consult with a loving grand- marijuana or some of the other drugs common sense? mother, a loving spiritual leader, a lov- which are prohibited by law; and Mr. Speaker, I reserve the balance of ing sibling who can provide such assist- maybe cigarettes ought to be prohib- my time. ance to them. It is clear in Planned ited by law, and certainly that kind of Mr. SENSENBRENNER. Mr. Speak- Parenthood of Southeastern Pennsyl- advertising should be prohibited by er, I yield 1 minute to the gentlewoman vania v. Casey, holding that restric- law. from Virginia (Mrs. JO ANN DAVIS). tions on this right are unconstitutional Abortions are not in the same cat- Mrs. JO ANN DAVIS of Virginia. Mr. if they impose an undue burden on a egory. Abortions will not kill the Speaker, I rise in support of the Child woman’s access to abortion. And the woman. They are not generally harm- Custody Protection Act, a common- right extends to both minors and ful to her health. In fact, the statistics sense piece of legislation that would adults. are that it is more dangerous to carry prohibit unscrupulous third parties It is also clear in the constitutional a pregnancy to term than it is to have from taking minors across State lines decisions of the Supreme Court that an abortion because a larger percent- for abortions to circumvent parental there are rights that minors have and

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.052 pfrm02 PsN: H17PT1 H1364 CONGRESSIONAL RECORD — HOUSE April 17, 2002 though we recognize the validity and quires the involvement of a parent or the consent of their parents. There are the stand of parents, I too am a parent judge in the daughter’s abortion deci- school counselors who set up out-of- and would hope that I am always in a sion. state abortions for minor students to position to counsel with my two chil- I strongly urge my colleagues to sup- hide this life-changing decision from dren, encourage that. But we are also port this bill. the girls’ parents. There are even sex- trying to save lives and avoid the very Mr. NADLER. Mr. Speaker, I yield ual predators who would take their vic- example that my colleagues were myself such time as I may consume. tims across State lines to destroy evi- speaking to, boyfriends taking them Mr. Speaker, the imagery used by dence through an abortion in a State across State lines if that is the case, speakers in favor of this bill, indeed without parental notice laws. when these amendments dealing with the language of the bill itself prohib- Mr. Speaker, as the father of two special friends, special relatives in a iting someone from transporting a young daughters, I cannot understand relative position were not allowed. minor across State lines, evokes the how anyone can defend the right of an And so we have a situation where, as image of a helpless young child being adult to take a child across State lines I said, it is a double standard on States dragged against her will or being taken to have an abortion without the par- rights. We now want to intrude our to another State. The fact is that a ents knowing. To me when that hap- Federal process on States that do not young woman old enough to get preg- pens, both of the victims are children. have these laws and, therefore, we are nant is in her teens, with a very few ex- When governments undermine families, violating constitutional rights of mi- ceptions, and in this situation, one it tears at the very fabric of our cul- nors which do exist. I think we are would hope that she would ask her par- ture and supports a culture of death going too far with this legislation. ents’ permission, and I am sure the rather than a culture of life. Mr. NADLER. Mr. Speaker, I reserve daughter of the previous speaker This bill closes a loophole that skirts the balance of my time. would, and that the decision would be State laws requiring parental notifica- Mr. SENSENBRENNER. Mr. Speak- made between the two of them. But I tion. Twenty-seven States, including er, I yield 2 minutes to the gentleman do not think a woman of 16 or 17 years South Dakota, recognize the value and from Oklahoma (Mr. SULLIVAN). old, who is pregnant, who for whatever need for parental consent when a minor Mr. SULLIVAN. Mr. Speaker, one of reason, because she was made pregnant is seeking to obtain an abortion, and my commitments as a Member of Con- by her father or her stepfather, because another 16 States require parental no- gress is to protect the rights of the tra- she is terrified, for whatever reason tification. ditional family. The family is the cannot, refuses to tell them, and gets Mr. Speaker, there are many injus- building block of society and parents her, even a boyfriend or a clergy person tices in the world, but can you put must have the ability to know where or her brother or sister, a grand- yourself in the position of a parent who their children are going and be able to mother, that is not an exploitative sends her young daughter to school and protect them. thing. They are helping her. She would later in the day finds that a stranger I am a proud cosponsor of this bill. It probably or might very well do it her- has taken your 13-year-old daughter prohibits transporting an individual self, alone. Even the wording of the bill into another State to have an abor- under the age of 18 across State lines ‘‘transport.’’ Someone sitting and hold- tion? This is currently legal in the to obtain an abortion. It is wrong that ing her hand as she drives the car is United States and that is why we need a child can legally be taken across not transporting her. They are giving to pass the Child Custody Protection State lines without parents’ or guard- her moral help in a difficult procedure. Act to stop it. ian’s knowledge for an abortion. A People may not like abortions. They Mr. Speaker, as a strong supporter of medical procedure of this magnitude may think it is a terrible thing. They the sanctity of human life and parental with such serious implications for are entitled to their opinions. But a rights, I am proud to vote for this leg- physical health of the girl and moral young woman may be terrified of giv- islation and I urge my colleagues to do and emotional fabric of the entire fam- ing birth. She may be terrified of the the same. ily must be a family decision. Young responsibility of a child. She may have Mr. NADLER. Mr. Speaker, I yield girls today are exposed to many forces her reasons and the Supreme Court myself such time as I may consume. but the forces that should have the says the Constitution gives her the ab- The protestations of people on the most strength in their lives, both mor- solute right to choose. This bill simply other side about strangers transporting ally and legally, should be their par- tries to make that right to choose im- minors across State lines would be ents, not the government and not practical insofar as possible and there- somewhat better heard if they had not strangers. fore it is not only unconstitutional, it refused amendments to exempt non- I have seen the phone book ads mar- is wrong. This bill would criminalize strangers. keting out-of-state abortions and safe the acts of persons who might be ex- Mr. Speaker, I yield 3 minutes to the abortions to minors. It is truly sick- ploitative, but it would also crim- gentleman from Michigan (Mr. BAR- ening to think that my daughters may inalize the acts of people who are sim- CIA). grow up to one day be told by the abor- ply trying to be helpful and supportive Mr. BARCIA. I want to thank the tion industry that abortions are as of a young woman in distress, and that gentleman from New York for yielding easy to receive and as safe as taking is wrong. this time even though we happen to be candy. I have heard the doomsday tales Mr. Speaker, I reserve the balance of viewing this legislation differently. of children afraid to tell their parents my time. Mr. Speaker, I rise in support of H.R. they are pregnant but nothing could Mr. SENSENBRENNER. Mr. Speak- 476, the Child Custody Protection Act, possibly be scarier for these young er, I yield 2 minutes to the gentleman and would like to thank the gentle- girls than having someone they barely from South Dakota (Mr. THUNE). woman from Florida (Ms. ROS- know escort them to a place they have Mr. THUNE. Mr. Speaker, by passing LEHTINEN) for her tireless efforts to never been to have major surgery that the Child Custody Protection Act bring this important legislative effort ends a life. today, Congress will take a clear stand to the floor for consideration. Opponents of this bill are saying a against the bizarre notion that some- In light of all that has happened re- parent can know where their child is how the United States Constitution cently, our Nation has had a growing except when she is receiving an abor- confers a right upon strangers to take concern about the moral fabric of our tion. That makes no sense whatsoever. one’s minor daughter across State lines society. We have felt an increasing Whose child is it, anyway? for a secret abortion, even when a need to do everything that we can to By passing the Child Custody Protec- State law specifically requires the in- protect our children as they are our tion Act, Congress will take a clear volvement of a parent or judge in the most precious resource. We must pro- stand against the notion that the U.S. daughter’s abortion decision. vide them with a safe environment so Constitution confers a right upon It is amazing to me that a child can- they can thrive as they move into strangers to take one’s minor daughter not get aspirin from a school nurse adulthood. across State lines for a secret abortion without parental consent but can cross One of life’s harsh realities is that even when State law specifically re- State lines to get an abortion without some young women become pregnant

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.055 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1365 at too early an age. H.R. 476 does not States of America, of whom I am us. Those are State legislative deci- terminate a person’s right to an abor- proudly one, or whether we will serve sions, and quite a few legislatures have tion but does provide important protec- the interests of the abortion lobby. passed those decisions, have passed tions for young children who become As a father of two daughters I can such bills; and others have refused to pregnant. H.R. 476 will make it illegal tell you, we live in a society today do so. for any person to transport a minor where parents are expected to be ac- The bill before us has nothing to do across State lines in order to cir- tively involved in the lives of our chil- with that. The bill before us has to do cumvent State laws to obtain an abor- dren. When a child commits a crime, with trying to criminalize someone tion without first consulting a parent the first question we hear is, why were who accompanies a young woman from or judge. It will make it a Federal the parents not aware? We are one State to another, knowing that she crime if an individual knowingly bombarded with antidrug advertise- is going to get an abortion legally in evades the laws of their State to seek ments commanding parents to ask that State. an abortion for any mother 17 years of their children questions, no matter The proponents of this bill are trying age or younger. It is most often an how intrusive, to know where they to use the power of the Federal Govern- older male who preys on a young girl, were and when they were there. But for ment to impose the laws of one State impregnates her, and then takes her il- some inexplicable reason today we are in the jurisdiction of the other State. legally across State lines to have an debating whether parents should have The proponents of this bill are trying abortion without the knowledge and the right to know if their daughter is to place on the back of a young woman consent of her parents. considering an abortion, a decision from one State the burden of the law of We should all find this manipulative that even pro-life and pro-abortion op- that State, to carry it around wherever behavior disgusting and disheartening. ponents agree will have lifelong con- she goes, to another State where the Not only is this a crime for an older sequences. law is different. We do not have the male to be sexually active with a Mr. Speaker, this is even more out- constitutional power to do that. In a young girl, but it can be dangerous for rageous when you consider that my Federal system we do not have the that child to receive an abortion. Only children cannot even attend a field trip right to do that. a parent knows their child’s health his- at school or even take an aspirin with- I referred earlier to the Fugitive tory, including allergies to medication. out my or my wife’s consent. Are we Slave Act because it was the last major A parent should be informed and the willing to stand here today and say attempt in this country to do that, older male should be prosecuted. that the life and death decision that we where some of the Southern States said Laws in an increasing number of debate pales in comparison to taking if a slave flees or goes to a State which States, now numbering more than 23, an aspirin? does not recognize slavery, that person including my home State of Michigan, Last week, Mr. Speaker, I took my still is a slave, despite the laws of that require parental notification or con- children, two of them, one daughter State, and the Federal Government sent by at least one parent or author- and one son, to get braces. In addition will enable the State to exercise its ization by a judge before an abortion to the extraordinary ordeal and the long arm and bring him back to bond- can be performed. This legislation will wires and the pain and the anxiety, we age in the State that allows slavery. not mandate parental consent in the spent about an hour filling out consent Here this bill says that the Federal States which do not currently have pa- forms for this 5- and 6-year procedure. Government will use its jurisdiction to rental consent laws but will protect Why in the world would we not have try to prevent a young woman from those in States which do require paren- parental consent for even a more ex- doing a perfectly legal act, because the tal consent. traordinary procedure, invasive, that is State she came from does not regard it Many of my colleagues are concerned an abortion? as a legal act; to force that young that this bill will prohibit young girls Mr. Speaker, I urge all of my col- woman to carry the burden of the law from confiding in a close family mem- leagues to choose life, cast a vote in she disagrees with from her home State ber or friend if they feel they cannot favor of parental rights, and support to another State. This bill is unconsti- talk to their parents. That is abso- the Child Custody Protection Act. tutional for that reason and obnoxious lutely wrong. There is a provision in Mr. NADLER. Mr. Speaker, I yield for that reason. H.R. 476 which will allow a judge to re- myself such time as I may consume to This bill also would send grand- lieve the parental notification require- close for our side. mothers and ministers to jail, grand- ment in certain circumstances. Mr. Speaker, there really are, I sup- mothers and ministers who know the I urge my colleagues to support H.R. pose, in summation, two things to say situation, who judge that the young 476, which will support the rights of about this bill: one is that parental woman cannot, as she judges, go to the States to protect the relationship be- consent bills in general, although the parent, because they know there has tween parents and children and ensure providence of the States, in our opin- been a rape, they know there has been the safety of young girls who are in un- ion, are very ill-advised, because al- incest, or they know there is family vi- fortunate circumstances. though we all would wish that young olence involved, they know the situa- women who are pregnant and are con- tion of the family. b 1300 templating an abortion would consult In plenty of families it is perfectly Mr. SENSENBRENNER. Mr. Speak- with their parents, and certainly most fine to have parental consent. But by er, I yield 2 minutes to the gentleman do and should, there are those situa- drawing a bill that says all families, no from Indiana (Mr. PENCE), a member of tions where a young woman feels she matter what, you are plainly putting the committee. cannot, where she is afraid of the vio- many young women at risk of injury or Mr. PENCE. Mr. Speaker, I thank the lent reaction the parent might have, death. But, again, that is a State legis- chairman for yielding me time and where a parent may have been abusive lative matter. What this bill says is commend his leadership and that of the to her, where the pregnancy may be that ministers and grandmothers and gentlewoman from Florida for her vi- the result of rape or incest on the part brothers and sisters of a young woman sionary leadership on this legislation. I of the parent, and we should recognize whose life would be at risk perhaps, do rise today in support of the Child reality and understand that a parental they cannot help her when she needs Custody Protection Act. consent and notification bill in no cir- help on penalty of going to jail. This Today, Mr. Speaker, the House will cumstances makes no sense, and it is bill will not bring families together; determine who it serves. I am a pro-life certainly not in the best interests of but it may, in such circumstances, tear Member of this institution, but I would the young woman; but that is a matter them apart. offer respectfully today that this is not for the State legislatures. On all these grounds, Mr. Speaker, I a debate about the right to have an The second thing to say about this say, let the States make these deci- abortion. It is about the right to be a bill is that none of that, none of the sions, as they are allowed to do under parent. And we will decide today in the question of the validity or the intel- the Constitution. Let us not butt in the Congress whether or not we will serve ligence or the desirability of a parental Federal Government, as we are not per- the beleaguered parents of the United consent and notification bill, is before mitted to do under the Constitution,

VerDate 11-MAY-2000 23:51 Apr 17, 2002 Jkt 099061 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.058 pfrm02 PsN: H17PT1 H1366 CONGRESSIONAL RECORD — HOUSE April 17, 2002 and as good judgment should indicate times—in Wisconsin young women may obtain petitions, and many teenagers have well- we should not do in any event. consent from grandparents, adult siblings, or grounded fears of being recognized in a local Mr. Speaker, I yield back the balance another ‘‘trusted adult.’’ courthouse and/or of revealing their personal of my time. Crossing State lines to obtain an abortion is intimate details in a potentially intimidating Mr. SENSENBRENNER. Mr. Speak- not uncommon. Women usually seek care in legal process. Moreover, many states with pa- er, I yield myself the balance of my the medical facility that is closest to their rental involvement laws do not provide a pro- time. home, but, due to lack of facilities in many cedure for ruling on a minor’s right to an out- Mr. Speaker, listening to the gen- areas, the closest facility may be across a of-state abortion. Besides, in many states judi- tleman from New York the last hour State border. In Wisconsin, 93 percent of cial bypasses are available only in theory and and a half, he seems to be making two counties do not have an abortion provider, so not in practice. points. One is that this bill requires the nearest facility for women in these coun- Rather than tell their parents, some teen- that the parental involvement laws of ties may be in Minnesota or Illinois. Congress agers resort to unsafe, illegal, ‘‘back alley’’ a minor’s State of residence carry has not made it illegal to cross state lines to abortions or try to perform the abortion them- along with the minor if they are buy guns, or gamble, or participate in any selves. In doing so, they risk serious injury brought across the State line into a ju- other legal activity, why should we make an and death, or in some cases, criminal risdiction that does not have a paren- exception here? charges. tal involvement law, and that this is What if the teenager has been subject to In my home state of California, a minor who some new notion in American jurispru- physical or sexual abuse by one of her par- wishes to obtain an abortion may do so with- dence and in our history of Federalism. ents? What if the pregnancy is the result of in- out any legal requirements that she involve Well, the gentleman from New York, cest? There is no exception in this bill for mi- her parents or that she seek a court order ex- he and I carry the burden of our respec- nors who have experienced physical or sexual empting her from forced parental involvement tive State income taxes with us to the abuse in their home. Nor is there an exception requirements. This bill will override California’s work that we do here; and as most peo- for a young women who might be subject to law for some minors obtaining abortions in ple know, New York and Wisconsin’s grave physical abuse if she confided to her California by requiring enforcement of other State income taxes are quite high, and parent or parents. states’ laws within California’s borders. States we have to pay those State income Mr. Speaker, we all want children to confide such as California are most likely to be visited taxes as residents and as representa- in their parents, we all want a society with by minors in need of abortions. These states tives of the States for the work that we strong families. But let us not forget those chil- will bear the burden of having their medical do at our Nation’s Capital. dren in our society who are victims of incest personnel and clinic staff subject to potential The other thing is that it is somehow or physical abuse. Let us encourage them to liability from a number of complex provisions cruel and unconstitutional to force the reach out to an adult rather than deal with a regarding conspiracy, accomplice and acces- involvement of parents where the pa- crisis pregnancy alone. sory liability. rental involvement acts have been held Mr. STARK. Mr. Speaker, I rise today in While this bill raises many obvious con- constitutional by the Federal courts. strong opposition to H.R. 476, the Child Cus- cerns, it also tramples on some of the most Now, a constitutional parental in- tody Protection Act. This bill would make it a basic principles of federalism and state sov- volvement act is not cruel; it is loving. federal crime for a person, other than a par- ereignty. A core principle of American fed- It is not unconstitutional, because the ent, to transport a minor across state lines for eralism is that laws of a state apply only within courts have already said it is not un- an abortion unless the minor had already ful- the state’s boundaries. This bill would require constitutional. So to merely cross the filled the requirements of her home state’s pa- some people to carry their own state’s laws State line for the purpose of evading a rental involvement law. This bill would deny with them when traveling within the United constitutional parental involvement teenagers facing unintended pregnancies the States. Allowing a state’s law to extend be- act is not unconstitutional in and of assistance of trusted adults, endanger their yond its borders runs completely contrary to itself, because Congress has got the ex- health, and violate their constitutional rights. the state sovereignty principles on which this clusive right to regulate interstate This flawed legislation is dangerous to young country is founded. Gambling for example is commerce under the United States women and should in fact be called the ‘‘Teen allowed in Nevada, but not California. If Con- Constitution. Endangerment Act.’’ gress enacts this legislation, it would be simi- For all these reasons, this is a good Minor women who seek abortions come lar to making it a federal crime to spend a va- bill. The House should pass this bill from a wide variety of religious, cultural, socio- cation in Las Vegas. today, like it has done in the two pre- economic, geographic, and family back- Abortion should be made less necessary, vious Congresses. grounds, and seek abortions for an equally not more difficult and dangerous. A com- Mr. BALDWIN. Mr. Speaker, this bill would wide variety of reasons. In 86 percent of coun- prehensive approach to promoting adolescent make the tragic situation of teen pregnancy ties nationwide for example, the closest abor- reproductive health and reducing teen preg- even worse. tion provider is across state lines. nancy should require comprehensive sexuality I believe that adolescents should be encour- Data shows that the majority, 61 percent, of and abstinence education as well as access to aged to seek their parent’s advice when facing minors willingly involve their parents in their contraception and family planning services. I difficult circumstances. And when young peo- decision to have an abortion. Many that do not urge my colleagues to oppose this legislation. ple do go to their parents in trying times, most wish to involve their parents make that deci- Ms. WATERS. Mr. Speaker, I rise in opposi- often their parents offer love, support, direction sion because of a history of physical abuse, tion to this closed rule on H.R. 476, the mis- and compassion. Most young women do turn incest, or the lack of support from their par- named Child Custody Protection Act. By re- to their parents—even when faced with some- ents. Parental involvement laws cannot and do jecting all amendments, the Rules Committee thing as emotional and private as pregnancy. not open lines for healthy, open family com- has shut out Members from debate on impor- Even in States without ‘‘parental consent’’ munication where none exist, and they can put tant amendments. laws, the majority of pregnant teenagers do a minor in danger of physical violence. When I had offered an amendment in Judiciary tell their parents. a young woman does not have the ability to Committee, and again to the Rules Com- Unfortunately, though, there are times when involve a parent, public policies and medical mittee, that would carve out an exception to a pregnant teenager cannot go to her parents. professionals should encourage her to involve the prohibitions of H.R. 476. Under my This is precisely the time when they most a trusted adult, such as a grandparent. In- amendment, those prohibitions would not need the involvement of a trusted adult. But, stead of giving young women this alternative, apply in cases where the minor child’s preg- under this bill, if an adult assists a young this bill does the exact opposite. If passed into nancy was caused by sexual contact with a woman by traveling with her across states law, it would create havoc by potentially allow- parent, step-parent, custodian, or household lines to seek an abortion, the adult becomes ing grandma to be prosecuted and jailed for or family member. This closed rule, however, a criminal. It does not matter if the adult is her traveling across state lines to obtain needed makes it impossible for any Member to vote sister, brother, grandmother, or minister—they reproductive health services for her grand- on this valuable amendment. would still be criminals in the eyes of federal daughter. Sadly, some pregnancies result from un- prosecutors. In my home State of Wisconsin, While proponents of this bill will argue the wanted sexual contact. Adding to that horror is we take into account the fact that young peo- alternative to parental consent is a judicial by- the fact that many families are unable or un- ple sometimes cannot turn to a parent and pass, this simply is not an option for many willing to deal with the realities of the situation. must turn to other trusted adults in trying teenagers. Many judges never grant bypass A mother may choose not to believe that the

VerDate 11-MAY-2000 03:12 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00026 Fmt 4634 Sfmt 9920 E:\CR\FM\K17AP7.060 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1367 child’s father or step-father could have done Mr. WELDON of Florida. Mr. Speaker, I rise dures with the express intent to circumvent the such a horrible thing. She may even share the today to give my support to H.R. 476, the laws and parental involvement. H.R. 476 will child’s confidences with the very person who Child Custody Protection Act, of which I am a preserve the right of parents and will protect committed the deed—thus potentially putting cosponsor. This important legislation protects our children. the child at greater risk. our daughters from being transported across Mrs. LOWEY. Mr. Speaker, I rise in opposi- Let me tell you about the tragic case of state lines to be subjected to abortion, an tion to the bill. Spring Adams, a 13-year old sixth grader from invasive medical procedures, without the con- The legislation we are considering today Idaho. She was impregnated by her father’s sent of their parents. Thirty-six states have pa- would prohibit anyone—including a step-par- acts of incest. When he learned that she was rental consent laws in place to ensure that ent, grandparent, or religious counselor—from planning to terminate a pregnancy caused by young teenaged girls do not undergo an abor- accompanying a young woman across State those acts, he shot her to death. tion without their parent’s consent. As a med- lines for an abortion. My amendment to H.R. 476 addresses this ical doctor I understand the physical and emo- This is a dangerous, misguided bill that iso- problem. When the child in such a situation tional ramifications of abortion. If parental con- lates our daughters and puts them at grave turns instead to a grandparent, adult sibling, sent is required for a child to receive an aspi- risk. Under this legislation, young women who boyfriend, or religious leader, we should let rin in school or to take a field trip, how much feel they cannot turn to their parents when her do so. And we should let them help her. more critical is parental consent for an abor- facing an unintended pregnancy will be forced Otherwise, we will find young girls, impreg- tion? to fend for themselves without help from any nated by relatives on household members, Moms and Dads should play a critical role responsible adult. Some will seek dangerous seeking to deal with it in any way they can— in these kinds of decisions. It is simply not ac- back-alley abortions close to home. Others will whether they do so by traveling alone to an- ceptable for third parties with their own agen- travel to unfamiliar places seeking abortions other state for the procedure, or take care of da and interests to circumvent the role of par- by themselves. it through a self-induced or illegal, back-alley ents, particularly when the state of residence Thankfully, most young women—more than abortion. has reinforced these rights for parents. All to 75 percent of minors under age 16—involve Unfortunately, the closed rule we have be- often third parties such as sexual predators their parents in the decision to seek an abor- fore us means that none of my colleagues can and abortion providers take advantage of tion. That’s the good news. And as a mother address this problem with H.R. 476. Instead, these girls for their own purposes, and the and a grandmother, I hope—as we all hope— these children, who have been victims of in- parents are left to deal with the con- that every child can go to her parents for ad- cest or nonconsensual sex with a household sequences. When the long-term repercussions vice and support. But not every child is so lucky. Not every member, will be forced to confide their preg- such as medical complications and depression child has loving parents. Some have parents nancy to the person who violated them. We set in, old boyfriends and abortion companies who are abusive or simply absent. Now, I be- should not demand that of the child. are not there for the child, instead the parents lieve that those young women who cannot go I urge a rejection of this rule that blocks val- are left to suffer as they watch their daughters uable amendments from an overly harsh bill. to their parents should be encouraged to in- suffer. volve another responsible adult—a grand- Vote ‘‘no’’ on the rule. Last September Eileen Roberts whose Mr. TERRY. Mr. Speaker, I rise today in mother, an aunt, a rabbi or minister—in what daughter was a victim of a non-parent as- support of H.R. 476, the Child Custody Protec- can be a very difficult decision. sisted abortion, testified before the House Ju- tion Act. Already, more than half of all young women Twenty-seven states, including my home diciary Committee about the horrors of this who do not involve a parent in the decision to state of Nebraska, have laws requiring that a practice. She stated: terminate a pregnancy choose to involve an- parent receive notification or give consent be- I am horrified that our daughters are being other adult, including 15 percent who involve dumped on our driveways after they are fore their young daughter can have an abor- seized from our care, made to skip school, lie another adult relative. That’s a good thing. We tion. These laws are designed to honor the and deceive their parents to be transported should encourage the involvement of respon- rights of parents and protect young girls from across State lines whether that distance be sible adults in this decision—be it a step- being sexually exploited or injured. Unfortu- two miles or 100 miles. Where are these parent, aunt or uncle, religious minister or nately, they are often circumvented by the strangers when the emotional and physical counselor—not criminalize that involvement. widespread practice of taking young girls repercussions occur? They are kidnapping Unfortunately, this bill will impose criminal across state lines to receive an abortion, a another young adolescent girl and trans- penalties on adults—like grandmothers who practice which is utilized by sexual predators. porting her for another secret abortion, and come to the aid of their granddaughters. In one example, a 12 year-old girl was thus the malicious activity occurs over and I am a grandmother of six—and I believe taken to an out-of-state abortion clinic by the over. When will this activity stop? When will grandparents should be able to help their those responsible for these secret abortions mother of the man who had raped and im- be held accountable for the financial costs of grandchildren without getting thrown in jail. As pregnated her. This young girl’s mother emotional and physical follow-up care from a much as we might wish otherwise, family com- learned what had happened only when her disastrous legal abortion? munication and open and honest parent-child daughter returned home with severe pain and I am reminded of the many young adoles- relationships cannot be legislated. When a bleeding that required medical attention. H.R. cent teens, especially Dawn from New York, young woman cannot turn to her parents, she 476 would help prevent such terrible situations whose parents were notified in time to make should certainly be able to turn to her grand- by making it a Federal crime to dodge a pa- funeral arrangements after their daughter’s mother or a favorite aunt for help. Unfortu- rental involvement law by transporting a minor legal abortion. Mrs. Ruth Ravenell and her nately, this legislation tells young women who husband were awarded $1.3 million dollars by to an out-of-state abortion provider. the State of New York for the wrongful cannot tell their parents: don’t tell anyone else. If a teenage girl needs permission to take death of their 13-year-old daughter. Mrs. Parental consent law do not force young an aspirin at school, her parents should cer- Ravenell, shared with me and the Senate women to involve their parents in an hour of tainly be notified about her receiving a poten- Education and Health Committee in Rich- need. We know that it can do just the oppo- tially-harmful medical procedure. Loving guid- mond, VA that she sat in the hospital before site. Indiana’s parental consent law drove ance and support from parents is also crucial her daughter died, with her hand over her Becky Bell away from the arms of her parents for young women facing the difficult situation mouth to help keep herself from screaming. and straight into the back alley. Parental con- of having a child out of wedlock. Even the Eileen Roberts, whose daughter was en- sent laws don’t protect our daughters—but abortion provider Planned Parenthood ac- couraged by her boyfriend, with the assistance they can kill them. They don’t bring families to- knowledges on its website that, and I quote, of an adult friend, to obtain a secret abortion gether—but they can tear them apart. And so ‘‘Few would deny that most teenagers, espe- without telling her parents. Eileen’s daughter I ask, why can’t we do more to bring families cially younger ones, would benefit from adult suffered from depression, medical complica- together, and to keep our people safe? guidance when faced with an unwanted preg- tions, and sever pelvic inflammatory disease I firmly believe that we should make abor- nancy. Few would deny that such guidance which caused the family terrible pain and suf- tion less necessary for teenagers, not more ideally should come from the teenager’s par- fering and cost $27,000 in medical bills. dangerous and difficult. We need to teach ents.’’ Mr. Speaker, we must take action to protect teenagers to be abstinent and responsible. Mr. Speaker, I urge my colleagues to join our children from these attacks on the family. And we need a comprehensive approach to me in supporting H.R. 476 to protect the rights We must protect girls from being coerced to keeping teenagers safe and healthy. We do of parents, to protect the rights of states, and have an abortion without even their parents’ not need a bill that isolates teenagers and most importantly, to protect young girls from knowledge. Children should not be transported puts them at risk. I urge my colleagues to vote sexual predators. across state lines for major medical proce- no on this legislation.

VerDate 11-MAY-2000 03:12 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\A17AP7.025 pfrm02 PsN: H17PT1 H1368 CONGRESSIONAL RECORD — HOUSE April 17, 2002 Mr. PAUL. Mr. Speaker, in the name of a states. To the extent the federal and state public health concerns. Roe v. Wade should truly laudable cause (preventing abortion and laws could co-exist, the necessity for a federal serve as a sad reminder of the danger of mak- protecting parental rights), today the Congress law is undermined and an important bill of ing matters worse in all states by federalizing could potentially move our nation one step rights protection is virtually obliterated. Con- an issue. closer to a national police state by further ex- current jurisdiction crimes erode the right of It is my erstwhile hope that parents will be- panding the list of federal crimes and usurping citizens to be free of double jeopardy. The fifth come more involved in vigilantly monitoring power from the states to adequately address amendment to the U.S. Constitution specifies the issue of parental rights and family law. Of that no ‘‘person be subject for the same of- the activities of their own children rather than course, it is much easier to ride the current fense to be twice put in jeopardy of life or limb shifting parental responsibility further upon the wave of criminally federalizing all human mal- . . .’’ In other words, no person shall be tried federal government. There was a time when a feasance in the name of saving the world from twice for the same offense. However, in popular bumper sticker read ‘‘It’s ten o’clock; some evil than to uphold a Constitutional oath United States v. Lanza, the high court in 1922 do you know where your children are?’’ I sup- which prescribes a procedural structure by sustained a ruling that being tried by both the pose we have devolved to the point where it which the nation is protected from what is per- federal government and a state government reads ‘‘It’s ten o’clock; does the federal gov- haps the worst evil, totalitarianism carried out for the same offense did not offend the doc- ernment know where your children are.’’ Fur- by a centralized government. Who, after all, trine of double jeopardy. One danger of the ther socializing and burden-shifting of the re- wants to be amongst those members of Con- unconstitutionally expanding the federal crimi- sponsibilities of parenthood upon the federal gress who are portrayed as trampling parental nal justice code is that it seriously increases government is simply not creating the proper rights or supporting the transportation of minor the danger that one will be subject to being incentive for parents to be more involved. females across state lines for ignoble pur- tried twice for the same offense. Despite the For each of these reasons, among others, I poses. various pleas for federal correction of societal must oppose the further and unconstitutional As an obstetrician of more than thirty years, wrongs, a national police force is neither pru- I have personally delivered more than 4,000 dent nor constitutional. centralization of police powers in the national children. During such time, I have not per- We have been reminded by both Chief Jus- government and, accordingly, H.R. 476. formed a single abortion. On the contrary, I tice William H. Rehnquist and former U.S. At- Mr. WATTS of Oklahoma. Mr. Speaker, I have spoken and written extensively and pub- torney General Ed Meese that more federal rise to support a common-sense bill to em- licly condemning this ‘‘medical’’ procedure. At crimes, while they make politicians feel good, power parents and protect children. The Child the same time, I have remained committed to are neither constitutionally sound nor prudent. Custody Protection Act is first, last and always upholding the constitutional procedural protec- Rehnquist has stated that ‘‘The trend to fed- about the youngest and most vulnerable mem- eralize crimes that traditionally have been han- tions which leave the police power decentral- bers of our society. ized and in control of the states. In the name dled in state courts . . . threatens to change of protecting states’ rights, this bill usurps entirely the nature of our federal system.’’ Girls under the age of eighteen should be states’ rights by creating yet another federal Meese stated that Congress’ tendency in re- protected from people who set out to break a crime. cent decades to make federal crimes out of of- state’s law—especially when the decision is Our federal government is, constitutionally, fenses that have historically been state mat- one that can never be reversed. a government of limited powers, Article one, ters has dangerous implications both for the States have wisely enacted parental con- Section eight, enumerates the legislative area fair administration of justice and for the prin- sent and notification laws to ensure mothers ciple that states are something more than for which the U.S. Congress is allowed to act and fathers are fully involved in their children’s mere administrative districts of a nation gov- or enact legislation. For every other issues, lives. Just as they have control whether or not erned mainly from Washington. the federal government lacks any authority or to permit an aspirin to be dispensed to their The argument which springs from the criti- consent of the governed and only the state son or daughter in school, the parent-child re- governments, their designees, or the people in cism of a federalized criminal code and a fed- lationship must not be undermined on the sub- their private market actions enjoy such rights eral police force is that states may be less ef- ject of abortion. to governance. The tenth amendment is bru- fective than a centralized federal government tally clear in stating ‘‘The powers not dele- in dealing with those who leave one state ju- There is an abundance of evidence from the gated to the United States by the Constitution, risdiction for another. Fortunately, the Con- Yellow Pages to prove abortion clinics adver- nor prohibited by it to the States, are reserved stitution provides for the procedural means for tise to minor girls. ‘‘No parental consent need- to the States respectively, or to the people.’’ preserving the integrity of state sovereignty ed’’ caters to the out-of-state girl who is often Our nation’s history makes clear that the U.S. over those issues delegated to it via the tenth scared and confused. Children should not Constitution is a document intended to limit amendment. The privilege and immunities have their parents’ counsel replaced by the the power of central government. No serious clause as well as full faith and credit clause phone book. reading of historical events surrounding the allow states to exact judgments from those I commend the sponsors and supporters of creation of the Constitution could reasonably who violate their state laws. The Constitution portray it differently. even allows the federal government to legisla- this legislation—both Democrat and Repub- Nevertheless, rather than abide by our con- tively preserve the procedural mechanisms lican—and urge passage of the bill. stitutional limits, Congress today will likely which allow states to enforce their substantive Ms. BROWN of Florida. Mr. Speaker, I rise pass H.R. 476. H.R. 476 amends title 18, Un- laws without the federal government imposing today in strong opposition to this bill. While the tied States Code, to prohibit taking minors its substantive edicts on the states. Article IV, other side likes to call this bill the Child Cus- across State line to avoid laws requiring the Section 2, Clause 2 makes provision for the tody Protection Act, I have named it the Rapist involvement of parents in abortion decisions. rendition of fugitives from one state to another. and Incest Perpetrator Protection Act. This bill Should parents be involved in decisions re- While not self-enacting, in 1783 Congress does not protect girls and their families. This garding the health of their children? Abso- passed an act which did exactly this. There is, bill protects the rights of those who rape and lutely. Should the law respect parents rights to of course, a cost imposed upon states in molest young girls by forcing these vulnerable not have their children taken across state lines working with one another rather than relying girls to gain permission from the very person for contemptible purposes? Absolutely. Can a on a national, unified police force. At the same who has committed this awful crime to exer- state pass an enforceable statute to prohibit time, there is a greater cost to state autonomy cise her constitutionally protected right. taking minors across State lines to avoid laws and individual liberty from centralization of po- requiring the involvement of parents in abor- lice power. The fact is that over 60 percent of parents tion decisions? Absolutely. But when asked if It is important to be reminded of the benefits now are already involved in this important de- there exists constitutional authority for the fed- of federalism as well as the costs. There are cision of their daughters’ lives. But if a parent eral criminalizing of just such an action the an- sound reasons to maintain a system of small- is the perpetrator of a crime against these swer is absolutely not. er, independent jurisdictions. An inadequate girls, and she turns to a grandparent or a This federalizing may have the effect of na- federal law, or an ‘‘adequate’’ federal law im- teacher or a religious leader for help, that tionalizing a law with criminal penalties which properly interpreted by the Supreme Court, grandparent or religious leader can be may be less than those desired by some preempts states’ rights to adequately address dragged off to jail for doing what is right.

VerDate 11-MAY-2000 03:12 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\CR\FM\A17AP7.029 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1369 Under this bill, if a man from my state of critical. Pregnancy is a life changing experi- 3. In addition, the bill is anti-family because Florida helped his younger sister across state ence, especially for teenagers, and we should it will turn family members into criminals. In a lines to Georgia because she feared telling not further distance them from their parents at state that requires the consent of both par- her abusive parents or because the clinic in a time when they need as much support and ents, a single parent who takes a child across Georgia was actually closer and more conven- love as they can get. We cannot allow paren- state lines would be subject to criminal ient, this older brother could be charged with tal rights to be bypassed. I encourage my col- charges, even if the other parent was es- a felony. Not only that, but anyone who knew leagues to join me in support of the Child Cus- tranged or their whereabouts were unknown. that he helped her could be charged as a co- tody Protection Act. Grandparents would also be subject to pros- conspirator. The receptionist at the clinic who Mr. BLUMENAUER. Mr. Speaker, I am dis- ecution, even if they were the child’s primary gave directions from Florida could be charged. appointed that today we will vote on H.R. 476, caregiver. The person performing the intake interview or the so-called ‘‘Child Custody Protection Act.’’ 4. Finally, the legislation is incredibly broad. counseling who knew of her Florida address This anti-choice bill would dangerously crim- Supporters of this bill claim to be targeting would be charged. If they spent the night at an inalize help from relatives and close friends predatory individuals that force and coerce a aunt’s house in Georgia, that aunt could also who assist young women struggling with the minor into obtaining an abortion. However, the be thrown in jail. most difficult personal challenges. net cast by this bill is far broader and far more This is wrong. This bill is wrong. The gov- I wish that every child was in a loving family problematic. Under the legislation, anyone ernment cannot mandate healthy and open that they could turn to first. The facts are, simply transporting minor could be jailed for family communications where it does not al- however, that many young women do not up to a year or fined or both. Any bus driver ready exist. If passed into law, this bill will have that type of relationship with their par- or taxi driver unaware that the young woman cause many young women to face very impor- ents and in too many cases we have seen the has not engaged a formal parental involve- tant decisions alone, without any help. I urge actual problem caused by abusive close family ment process could conceivably be sent to jail Members to vote overwhelmingly against this members. under this prohibition. The same applies to bill. People who would deny women reproduc- emergency medical personnel who may be Mr. TIAHRT. Mr. Speaker, I rise today in tive choice have altered their tactics to chip aware they are taking a minor across state strong support of the Child Custody Protection away at women’s reproductive freedoms; this lines to obtain an abortion, but would have no Act. This parental rights legislation prohibits is one of the most insidious examples. This bill choice if a medical emergency were occurring. the transportation of a minor across state lines would limit the choices for the most desperate What we have is yet another shortsighted to obtain an abortion if the requirements of a women and is part of an overall anti-choice effort to politicize a tragic family dilemma that law in the state where the individual resides strategy that I reject. does nothing to respond to the underlying requiring parental involvement in a minor’s Draconian measures like H.R. 476 often problem of teen pregnancies or dysfunctional abortion decision are not met before the abor- have unintended consequences that can lead families. tion is performed. Twenty-seven states require to desperate actions with dire consequences I urge the Members of vote ‘‘no’’ on this parental consent or notification of minors for the mental health and physical well-being simple-minded, dangerous, and misguided leg- seeking to abort their babies. It is a shame of our nation’s young women. islation. that as we are working to promote parental in- Mr. CONYERS. Mr. Speaker, I rise in strong Mr. SENSENBRENNER. Mr. Speaker, I volvement, their rights are being activity cir- opposition to H.R. 476, the Child Custody Pro- yield back the balance of my time. cumvented. tection Act because the bill is unconstitutional, The SPEAKER pro tempore (Mr. LIN- News reports and published studies reveal dangerous, anti-family, and incredibly broad. DER). All time for debate has expired. that large numbers of minors are crossing 1. The bill is blatantly unconstitutional in at Pursuant to House Resolution 388, state lines to obtain abortions, and many of least three respects: the bill is considered read for amend- these cases involve adults rather than parents First, the bill violates minors’ due process ment, and the previous question is or- transporting the minors. This is especially wor- rights by increasing their risk of physical harm. dered on the bill. risome when the pregnancy is a result of stat- This violates the principles of Carey v. Popu- The question is on the engrossment utory rape. Not only are our daughters being lation Services, where the Supreme Court held and third reading of the bill. preyed upon by older men, but they are fur- that a state may not seek to deter sexual ac- The bill was ordered to be engrossed ther psychologically damaged by having to ob- tivity by ‘‘increasing the hazards attendant on and read a third time, and was read the tain an abortion without even the support of it.’’ third time. their parents. A California study found that Second, H.R. 476 contains an inadequate MOTION TO RECOMMIT OFFERED BY two-thirds of the girls were impregnated by exception to protect women’s lives, and it MS. JACKSON-LEE OF TEXAS adult, postschool fathers with a median age of does not have any exception to protect a Ms. JACKSON-LEE of Texas. Mr. 22. It is estimated that 58 percent of the time woman’s health—in clear violation of Planned Speaker, I offer a motion to recommit. girls seek an abortion without parental knowl- Parenthood v. Casey. The SPEAKER pro tempore. Is the edge, they are accompanied by their boy- Finally, the bill violates the Privileges and gentlewoman opposed to the bill? friend. Even those of you who support the Immunities Clause by denying citizens the Ms. JACKSON-LEE of Texas. I am in supposed ‘‘choice’’ to abort babies cannot be right to travel freely and enjoy the legal rights its present form, Mr. Speaker. in favor of the intimidation of teenage girls by of citizens of other states. In violation of these The SPEAKER pro tempore. The older males. principles of federalism, the bill saddles a Clerk will report the motion to recom- The Child Custody Protection Act is not a young woman with the laws of her home state mit. federally parental involvement law; it merely no matter where she travels in the country. The Clerk read as follows: ensures that state laws are not evaded 2. The bill is also dangerous because it Ms. JACKSON-LEE of Texas moves to recom- through interstate activity. It does not en- takes away from young women safe alter- mit the bill H.R. 476 to the Committee on the croach upon state powers, but reinforces natives to parental involvement—such as turn- Judiciary with instructions to report the them. Pennsylvania is one of the states with ing to close relatives, close family friends, and same back to the House forthwith with the following amendment: parental notification requirements. The Penn- religious counselors—and replaces them with Page 4, after line 7, insert the following: sylvania appeals court noted, ‘‘although a par- life-endangering ones, such as hitchhiking, ‘‘(3) The prohibitions of this section do not ent’s right to make decisions for her child is self-induced, or back-alley abortions. If you apply with respect to conduct by an adult tempered in the instance of abortion, at least don’t believe me, ask Becky Bell’s family. She sibling, a grandparent, or a minister, rabbi, in Pennsylvania that parent has the legitimate died from a back alley abortion as a result of pastor, priest, or other religious leader of the expectation that procedural safeguards de- Indiana’s parental consent law when she was minor. signed to protect the minor will be observed.’’ afraid of confiding in her family. Ms. JACKSON-LEE of Texas (during Parents in Pennsylvania and 27 other states The bill will inevitably lead to increased fam- the reading). Mr. Speaker, I ask unani- need our help to guaranteeing that these laws ily violence. We know that one-third of teen- mous consent that the motion to re- are upheld. agers who do not tell their parents about a commit be considered as read and Parental rights protect not only parents but pregnancy have already been the victim of printed in the RECORD. minors as well. We have all read numerous family violence. We also know that the inci- The SPEAKER pro tempore. Is there studies indicating the benefits of parental in- dence of family violence only escalates when objection to the request of the gentle- volvement in a child’s education. Parental in- a teenage daughter becomes pregnant. This woman from Texas? volvement and guidance in life is even more bill will only exacerbate those problems. There was no objection.

VerDate 11-MAY-2000 03:12 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.032 pfrm02 PsN: H17PT1 H1370 CONGRESSIONAL RECORD — HOUSE April 17, 2002 The SPEAKER pro tempore. Pursu- Fortunately, Joy and Anita do not live spected member of the clergy. She should not ant to the rule, the gentlewoman from in a State with parental consent, be- do it alone when she can’t. The Majority said Texas (Ms. JACKSON-LEE) is recognized cause Anita’s mother is a drug addict, that ‘‘very often, parents are the only ones that for 5 minutes in support of her motion. Mr. Speaker. She is part of America’s know their child’s psychological and medical Ms. JACKSON-LEE of Texas. Mr. society, but she is not a mother who is history. Not consulting with parents can lead Speaker, I was just listening to a dis- able to counsel with this young girl. to health and safety risks.’’ On the contrary, cussion that reminded me that we have Had Joy and this mother lived in an- this bill is detrimental to young women’s come repeatedly to the floor to discuss other State, this young girl, who had health. this issue, and I do not intend by this already been so traumatized by rape, First of all, legal abortions, particularly early motion to recommit any of the debate would have further been harmed by pa- in pregnancy, are very safe—safer than car- that has preceded us to diminish the rental involvement, but even more so rying a pregnancy to term. Secondly, studies consciousness and the sense of dedica- harmed by this Federal law that would demonstrate that minors are capable of mak- tion and commitment that our col- keep Momma, Momma, who this little ing competent medical decisions without pa- leagues have when they come to the girl lives with, from taking her to a rental involvement. Further, states that do not floor of the House; but I believe that it place of safe haven, where they might permit minors to consent to abortion do permit is extremely important that this Con- have consulted with their religious them to consent to childbirth. If the true pur- gress, this House, reach to their higher leader, and little Anita to be able to re- pose of this bill is to protect children rather angels, and understand that there are build this young girl’s life. Raped. than to impose another obstacle on young people who suffer every day, whose This bill does not answer the health women’s right to choose, this anomalous re- lives may be different from those of us of the child. This bill does not confront sult would be resolved here today. who have spoken today. the reality of American life, where The Majority continues by saying, ‘‘We have I have heard women in this debate children live in homes where there is a responsibility to protect a child from some- mention their family members, their no parent. This bill does not confront one who may be putting his interest ahead of children and the relationships they the constitutional rights of children the child’s, at a most vulnerable time.’’ This is have. I have a 22-year-old daughter and and choice and the right to privacy. what this bill does. It takes the political and 16-year-old son, and we work very hard This motion to recommit, Mr. Speak- moral views of the Majority and imposes them to keep the lines of communication er, is a fair motion. How can anyone in on young women who may not feel the same way. If we are concerned about promoting open, being there for them. If they this body vote against a grandparent, a healthy family communication and family val- were talked to by someone else, they loving adult sibling, a minister, a rabbi ues, we will not accomplish that with this bill. might say on some things I want to not or pastor or priest or religious leader Many young women who feel they cannot speak to parents who are loving and who would guide and consult with the seek the counsel of their parents turn to other nurturing, of which my husband and family? These are the very same rights trusted family members when they face a cri- myself believe that we try to be. I and privileges that we give to all who sis pregnancy. As a matter of fact, one study could not give you a response. I know claim to live in the bounty of this land. found that 93% of minors who did not involve what we try to do as a family. b 1315 But even in the instance where we a parent were accompanied by someone else try, what about the reality of life? This is tragic. It is well known that in the reproductive health facility. This bill would criminalize the conduct of a What the majority is doing today, Mr. young people live alone as well, like grandmother who helps her granddaughter in Speaker, is ignoring their own propo- the one I mentioned, April, the single time of need. Aunts, uncles, and other trusted sition, which says we have a responsi- mother, 16 years old, of a 2-year-old family members would face imprisonment if bility to protect a child from someone child and whose stepfather abused her they accompany a young relative across state who may be putting his interest ahead and, therefore, no relationship with the natural mother. lines without complying with her home state’s of the child’s at a most vulnerable parental involvement law. This bill would iso- time. Those are words by the majority We are denying the privileges of a fa- milial situation, and I would ask my late young women from supportive and protec- leadership. Yet this bill does that. It tive family members rather than uniting fami- takes the political and moral views of colleagues who value this legislation as family values, where is your heart to lies. the majority and imposes them on If my colleagues on the other side of the match the family values? Where is it young women who may not feel the aisle really believe in family unity and cared reasoned that you would deny that same way. about their health, then they would have been grandmother and that adult sibling and This motion to recommit says this. amenable to the amendments that we at- that ministerial or that religious lead- This is a motion to recommit that no tempted to make in order. one should oppose, and that is that the er from helping to protect the constitu- That is why I am offering this motion to re- prohibitions of this section do not tional rights that exist? commit. Our ultimate goal is to provide access apply with respect to the conduct by Mr. Speaker, I ask my colleagues to to health care that is in the best interest of the an adult sibling, a loving sister or instruct by a motion to recommit this adolescent. This bill prohibits that. My motion brother, a loving grandparent, a min- bill to go back and be able to empha- is to send this back to the House Judiciary ister, rabbi, pastor, priest or other reli- size family values for real, with a Committee and report back exempting adult gious leader of a minor. heart. siblings, a grandparent, or a religious leader Mr. Speaker, life is real; and I do not Mr. Speaker, I am very disappointed. Here who helps a young woman in this situation. know if many of you are aware of lives we are, adult legislators who raise families These are adults who care for adolescents that young people live. Thirteen-year- and promote family unity. But yet this bill be- and would offer assistance when confiding in old Anita lives with her grandmother, fore us alienates young adolescents from their their parents is not feasible. My colleagues on Joy, who she calls Momma. After no- families and people that care about them. the other side say that this bill protects minors ticing that Anita had become with- H.R. 476, the Child Custody Protection Act, who cannot tell their parents because minors drawn and observing changes in her would criminalize anyone transporting a minor can appear before judges and bypass any pa- sleeping and eating patterns, Grandma across state lines if this circumvents the rental involvement law. Judicial bypass proce- Joy, Momma, suspected that Anita was state’s parental involvement laws. dures often pose formidable obstacles to pregnant. While I strongly oppose this bill, I offered young women facing crisis pregnancies. Some At first Anita denied she could be amendments in Committee that would have at anti-choice judges routinely deny minors’ peti- pregnant. Joy finally got Anita to open least given a young woman the support of a tions. up, and Anita revealed, Mr. Speaker, family member or clergy person during this For example, a judge in Toledo, Ohio, de- that she had been raped. Anita could time. Except that the Democrats were not al- nied permission to a 17-year-old woman—an not stop crying, shaking and vomiting lowed to offer any amendments to soften the ‘A’ student who planned to attend college and as she told Joy the story; and she told effects of this family-destructing bill. Amend- who testified that she was not financially or Joy that she did not want to have a ments were the only chance for this bill to as- emotionally prepared for motherhood at the baby, because Anita was 13 years old. sure that the young woman who decides to same time. The judge stated that the young Anita was raped. Anita was not en- get an abortion, for whatever reason, has the woman had ‘‘not had enough hard knocks in gaging in frivolous sex. She was raped. support of a loving family member or re- her life.’’

VerDate 11-MAY-2000 01:35 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00030 Fmt 4634 Sfmt 9920 E:\CR\FM\K17AP7.063 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1371 Mr. Speaker, if we really care about the tion again seeks to cut out the parent. ground that a quorum is not present health and well-being of our young citizens, And the parent, as the gentleman from and make the point of order that a then we must send this bill back. Ohio (Mr. CHABOT) just pointed out— quorum is not present. Mr. CHABOT. Mr. Speaker, I rise in not the religious leader, not some The SPEAKER pro tempore. Evi- opposition to the motion to recommit. grandparent, not a sibling that happens dently a quorum is not present. Mr. Speaker, these individuals that to be an adult—is the legal guardian. If The Sergeant at Arms will notify ab- are referred to in this motion to recom- there is a problem, if there is some sent Members. mit, siblings and grandparents and reli- kind of injury that results as a result Pursuant to clause 9 of rule XX, the gious leaders, ministers, that sort of of that abortion, who is responsible? It Chair will reduce to a minimum of 5 thing, do not have the authority now is not going to be the brother or the minutes the period of time within to authorize any medical procedures sister. It is certainly not going to be which a vote by electronic device, if or- for a minor child or to council or guide the grandparent. It will be the parent. dered, will be taken on the question of that child as she makes important We should not cut the parent out of pa- passage, followed by a 5-minute vote, if medical decisions. So why should the rental involvement by refusing them ordered, on approving the Journal. fundamental rights of parents to con- consent or knowledge about an abor- The vote was taken by electronic de- sult and advise their pregnant daugh- tion. vice, and there were—yeas 173, nays ters be thrown aside, only in the con- Mr. Speaker, this legislation has 246, not voting 15, as follows: text of abortion? been very carefully crafted by the gen- [Roll No. 96] The purpose of this bill is to ensure tlewoman from Florida (Ms. ROS- YEAS—173 that the rights of parents to be in- LEHTINEN) and members of the Com- volved in their daughter’s abortion de- mittee on the Judiciary. This is a kill- Abercrombie Gilman Moore Ackerman Gonzalez Moran (VA) cision is not interfered with. Judicial er motion, and I hope it will be de- Allen Green (TX) Morella bypass procedures contained in all pa- feated. Andrews Greenwood Nadler rental notice and consent statutes Mr. BEREUTER. Madam Speaker, this Baca Gutierrez Napolitano allow a pregnant minor in some cir- Baird Harman Neal Member rises in strong support of the motion Baldacci Hilliard Olver cumstances to obtain an abortion with- to instruct conferees on the issue of payment Baldwin Hinchey Owens out having notified or gained the con- limitations which the distinguished gentleman Barrett Hinojosa Pallone sent of her parent or legal guardian in from Michigan (Mr. SMITH) has offered. Bass Hoeffel Pascrell Becerra Holt Pastor cases of sexual abuse or incest and It is clear that strong payment limitation lan- Bentsen Honda Payne those types of things, for example. guage would improve the integrity of the farm Berkley Hooley Pelosi Those who want to add these exemp- program payments and help to retain public Berman Houghton Price (NC) tions have a fundamental problem with support for these programs essential to rural Biggert Hoyer Rangel Bishop Inslee Rivers the underlying State laws that only areas. Making this change will also help pre- Blagojevich Israel Rodriguez provide parents a right to consent to or vent the overwhelming consolidation of farms Blumenauer Jackson (IL) Rothman receive notice of this procedure. The that has resulted in a decrease in small- and Boehlert Jackson-Lee Roybal-Allard Bonior (TX) Rush inclusion of these individuals is a mat- medium-sized family farm operations. The Boswell Jefferson Sabo ter for each individual legislature to savings achieved from this provision could Boucher Johnson (CT) Sanchez decide, not Congress. then be directed to other worthwhile agricul- Brady (PA) Johnson, E. B. Sanders The purpose of H.R. 476 is to enforce tural programs. Brown (FL) Kaptur Sandlin Brown (OH) Kennedy (RI) Sawyer State laws as they are. If extended A survey conducted by 27 land grant univer- Capps Kilpatrick Schakowsky family members or religious leaders sities found that 81 percent of the agricultural Capuano Kind (WI) Schiff are truly interested in the best inter- producers across the country supported plac- Cardin Kucinich Scott ests of the pregnant young girl, they Carson (IN) LaFalce Serrano ing limits on support payments thereby direct- Carson (OK) Lampson Shays will encourage and support her as she ing dollars to where they are actually intended. Castle Langevin Sherman takes the difficult step to either in- Furthermore, a 2001 General Accounting Of- Clay Lantos Simmons form her parents or guardian about her fice report found that in recent years, more Clayton Larsen (WA) Slaughter Condit Larson (CT) Smith (WA) pregnancy, or to pursue a judicial by- than 80 percent of farm payments were made Conyers Lee Solis pass. It is certainly not in the best in- to large- and medium-size farms. In 1999, for Coyne Levin Spratt terests of a pregnant young girl for instance, 7 percent of the nation’s farms— Crowley Lewis (GA) Stark anyone, including a religious leader or Cummings Lofgren Strickland those with gross agricultural sales of $250,000 Davis (CA) Lowey Sweeney extended family member, to assist her or more—received about 45 percent of the Davis (IL) Luther Tauscher in evading the laws of her home State payments. With Congress facing so many DeFazio Lynch Thompson (CA) and secretly transporting her miles spending priorities, we must demonstrate to DeGette Maloney (CT) Thompson (MS) Delahunt Maloney (NY) Thurman away from those who love her most in our constituents that we are using taxpayers’ DeLauro Markey Tierney order to undergo a potentially dan- money more efficiently. Deutsch Matheson Towns gerous procedure that carries with it It is important to note that this motion to in- Dicks Matsui Udall (CO) serious medical consequences, serious Doggett McCarthy (MO) Udall (NM) struct expresses support for redirecting these Dooley McCarthy (NY) Velazquez long-term consequences. funds to agricultural research and conserva- Engel McCollum Visclosky Parents are in the best position to tion. Our choice is clear—we can continue to Eshoo McDermott Waters make decisions about their minor chil- funnel millions of dollars to some of the Etheridge McGovern Watson (CA) Evans McKinney Waxman dren. Parents have their children, they wealthiest farms or we can make an invest- Farr Meehan Weiner love their children, they nurture their ment in the future of agriculture which will Fattah Meek (FL) Wexler children, they care for them. They are benefit all producers and all Americans. Filner Meeks (NY) Woolsey in the best position, not anybody else. Mr. Speaker, this Member strongly supports Ford Menendez Wu Frank Millender- Wynn For these reasons and others, I urge the motion to instruct and encourages his col- Frost McDonald my colleagues to vote against this mo- leagues to vote for it. Gephardt Mink tion to recommit. The SPEAKER pro tempore (Mr. LIN- NAYS—246 Mr. Speaker, I yield to the gentleman DER). Without objection, the previous Aderholt Boehner Calvert MITH from New Jersey (Mr. S ). question is ordered on the motion to Akin Bonilla Camp Mr. SMITH of New Jersey. Mr. recommit. Armey Bono Cannon Speaker, I rise in strong opposition to There was no objection. Bachus Boozman Cantor this motion. The SPEAKER pro tempore. The Baker Borski Capito Ballenger Boyd Chabot I would remind my colleagues that question is on the motion to recommit. Barcia Brady (TX) Chambliss this motion offered by the gentle- The question was taken; and the Barr Brown (SC) Coble woman from Texas (Ms. JACKSON-LEE) Speaker pro tempore announced that Barton Bryant Collins is essentially the same as the one that the noes appeared to have it. Bereuter Burr Combest Berry Burton Cooksey was offered back in 1999, and it was de- Ms. JACKSON-LEE of Texas. Mr. Bilirakis Buyer Costello feated by this body 164 to 268. This mo- Speaker, I object to the vote on the Blunt Callahan Cox

VerDate 11-MAY-2000 01:44 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.016 pfrm02 PsN: H17PT1 H1372 CONGRESSIONAL RECORD — HOUSE April 17, 2002 Cramer Jenkins Radanovich The SPEAKER pro tempore (Mr. LIN- Stupak Thune Weldon (FL) Crane John Rahall Sullivan Tiahrt Weldon (PA) Crenshaw Johnson (IL) Ramstad DER). The question is on the passage of Sununu Tiberi Weller Cubin Johnson, Sam Regula the bill. Sweeney Toomey Whitfield Culberson Jones (NC) Rehberg The question was taken; and the Tancredo Turner Wicker Cunningham Kanjorski Reyes Tanner Upton Wilson (NM) Davis (FL) Keller Reynolds Speaker pro tempore announced that Tauzin Vitter Wilson (SC) Davis, Jo Ann Kelly Riley the ayes appeared to have it. Taylor (MS) Walden Wolf Davis, Tom Kennedy (MN) Roemer RECORDED VOTE Taylor (NC) Walsh Young (AK) Deal Kerns Rogers (KY) Terry Wamp Young (FL) DeLay Kildee Rogers (MI) Mr. SENSENBRENNER. Mr. Speak- Thomas Watkins (OK) DeMint King (NY) Rohrabacher er, I demand a recorded vote. Diaz-Balart Kingston Ros-Lehtinen NOES—161 Doolittle Kirk Ross A recorded vote was ordered. Abercrombie Gonzalez Moran (VA) Doyle Kleczka Roukema The SPEAKER pro tempore. This Ackerman Green (TX) Morella Dreier Knollenberg Royce will be a 5-minute vote. Allen Greenwood Nadler Duncan Kolbe Ryun (KS) Andrews Gutierrez Napolitano Dunn LaHood Saxton The vote was taken by electronic de- Baca Harman Neal Edwards Latham Schaffer vice, and there were—ayes 260, noes 161, Baird Hilliard Olver Ehlers Leach Schrock not voting 13, as follows: Baldacci Hinchey Owens Ehrlich Lewis (CA) Sensenbrenner Baldwin Hinojosa Pallone Emerson Lewis (KY) Sessions [Roll No. 97] Barrett Hoeffel Pastor English Linder Shadegg AYES—260 Bass Holt Paul Everett Lipinski Shaw Becerra Honda Payne Ferguson LoBiondo Sherwood Aderholt Gibbons Miller, Dan Bentsen Hooley Pelosi Flake Lucas (KY) Shimkus Akin Gilchrest Miller, Gary Berkley Houghton Price (NC) Fletcher Lucas (OK) Shows Armey Gillmor Miller, Jeff Berman Hoyer Rangel Foley Manzullo Shuster Bachus Goode Mollohan Biggert Inslee Rivers Forbes Mascara Simpson Baker Goodlatte Moran (KS) Blagojevich Israel Rodriguez Fossella McCrery Skeen Ballenger Gordon Murtha Blumenauer Jackson (IL) Rothman Frelinghuysen McHugh Skelton Barr Goss Myrick Boehlert Jackson-Lee Roybal-Allard Gallegly McInnis Smith (MI) Bartlett Graham Nethercutt Boucher (TX) Rush Ganske McIntyre Smith (NJ) Barton Granger Ney Brady (PA) Jefferson Sabo Gekas McKeon Smith (TX) Bereuter Graves Northup Brown (FL) Johnson (CT) Sanchez Gibbons McNulty Snyder Berry Green (WI) Norwood Brown (OH) Johnson, E. B. Sanders Gilchrest Mica Souder Bilirakis Grucci Nussle Capps Kaptur Sawyer Gillmor Miller, Dan Stearns Bishop Gutknecht Oberstar Capuano Kennedy (RI) Schakowsky Goode Miller, Gary Stenholm Blunt Hall (OH) Obey Cardin Kind (WI) Schiff Goodlatte Miller, Jeff Stump Boehner Hall (TX) Ortiz Carson (IN) Kirk Scott Gordon Mollohan Stupak Bonilla Hansen Osborne Castle Lampson Serrano Goss Moran (KS) Sullivan Bonior Hart Ose Clay Lantos Shays Graham Murtha Sununu Bono Hastings (WA) Otter Clayton Larsen (WA) Sherman Granger Myrick Tancredo Boozman Hayes Oxley Condit Larson (CT) Simmons Graves Nethercutt Tanner Borski Hayworth Pascrell Conyers Lee Slaughter Green (WI) Ney Tauzin Boswell Hefley Pence Coyne Levin Smith (WA) Grucci Northup Terry Boyd Herger Peterson (MN) Crowley Lewis (GA) Solis Gutknecht Norwood Thomas Brady (TX) Hill Peterson (PA) Cummings Lofgren Stark Hall (OH) Nussle Thune Brown (SC) Hilleary Petri Davis (CA) Lowey Tauscher Hall (TX) Oberstar Tiahrt Bryant Hobson Phelps Davis (IL) Luther Thompson (CA) Hansen Obey Tiberi Burr Hoekstra Pickering DeFazio Maloney (CT) Thompson (MS) Hart Ortiz Toomey Burton Holden Pitts DeGette Maloney (NY) Thurman Hastings (WA) Osborne Turner Buyer Horn Platts Delahunt Markey Tierney Hayes Ose Upton Calvert Hostettler Pombo DeLauro Matsui Towns Hayworth Otter Vitter Camp Hulshof Pomeroy Deutsch McCarthy (MO) Udall (CO) Hefley Oxley Walden Cannon Hunter Portman Dicks McCarthy (NY) Udall (NM) Herger Paul Walsh Cantor Hyde Putnam Doggett McCollum Velazquez Hill Pence Wamp Capito Isakson Quinn Dooley McDermott Visclosky Hilleary Peterson (MN) Watkins (OK) Carson (OK) Issa Radanovich Engel McGovern Waters Hobson Peterson (PA) Watts (OK) Chabot Istook Rahall Eshoo McKinney Watson (CA) Hoekstra Petri Weldon (FL) Chambliss Jenkins Ramstad Evans Meehan Watt (NC) Holden Phelps Weldon (PA) Coble John Regula Farr Meek (FL) Waxman Horn Pickering Weller Collins Johnson (IL) Rehberg Fattah Meeks (NY) Weiner Hostettler Pitts Whitfield Combest Johnson, Sam Reyes Filner Menendez Wexler Hulshof Platts Wicker Cooksey Jones (NC) Reynolds Foley Millender- Woolsey Hunter Pombo Wilson (NM) Costello Kanjorski Riley Frank McDonald Wu Hyde Pomeroy Wilson (SC) Cox Keller Roemer Frost Miller, George Wynn Isakson Portman Wolf Cramer Kelly Rogers (KY) Gephardt Mink Issa Putnam Young (AK) Crane Kennedy (MN) Rogers (MI) Gilman Moore Istook Quinn Young (FL) Crenshaw Kerns Rohrabacher Cubin Kildee Ros-Lehtinen NOT VOTING—13 NOT VOTING—15 Culberson Kilpatrick Ross Barcia Dunn Thornberry Bartlett Jones (OH) Taylor (MS) Cunningham King (NY) Roukema Callahan Hastings (FL) Traficant Clement LaTourette Taylor (NC) Davis (FL) Kingston Royce Clement Jones (OH) Watts (OK) Clyburn Miller, George Thornberry Davis, Jo Ann Kleczka Ryan (WI) Clyburn LaTourette Dingell Pryce (OH) Traficant Davis, Tom Knollenberg Ryun (KS) Dingell Pryce (OH) Hastings (FL) Ryan (WI) Watt (NC) Deal Kolbe Sandlin DeLay Kucinich Saxton b 1354 b 1344 DeMint LaFalce Schaffer Diaz-Balart LaHood Schrock So the bill was passed. Messrs. KILDEE, RAHALL, ORTIZ, Doolittle Langevin Sensenbrenner The result of the vote was announced MCNULTY, BILIRAKIS and STUPAK Doyle Latham Sessions as above recorded. changed their vote from ‘‘yea’’ to Dreier Leach Shadegg Stated for: Duncan Lewis (CA) Shaw ‘‘nay.’’ Edwards Lewis (KY) Sherwood Mr. CALLAHAN. Mr. Speaker, on rollcall No. Mr. GILMAN, Ms. SANCHEZ, and Ehlers Linder Shimkus 97, I was unavoidably detained. Had I been Messrs. GREENWOOD, SHAYS, and Ehrlich Lipinski Shows present, I would have voted ‘‘aye.’’ FORD changed their vote from ‘‘nay’’ Emerson LoBiondo Shuster Mr. WATTS of Oklahoma. Mr. Speaker, my English Lucas (KY) Simpson to ‘‘yea.’’ Etheridge Lucas (OK) Skeen vote was not recorded on the Child Custody So the motion to recommit was re- Everett Lynch Skelton Protection Act, vote No. 97. I ask that the jected. Ferguson Manzullo Smith (MI) RECORD reflect that had my vote been re- The result of the vote was announced Flake Mascara Smith (NJ) corded, I would have voted ‘‘aye.’’ Fletcher Matheson Smith (TX) as above recorded. Forbes McCrery Snyder Mr. BARCIA, Mr. Speaker, due to an un- Mr. LANGEVIN. Mr. Speaker, my Ford McHugh Souder avoidable conflict I was unable to cast a vote vote was recorded incorrectly on the Fossella McInnis Spratt on rollcall No. 97, question: on passage of motion to recommit on H.R. 476. My Frelinghuysen McIntyre Stearns H.R. 476, the Child Custody Protection Act. I Gallegly McKeon Stenholm vote would be a ‘‘no’’ on the motion to Ganske McNulty Strickland ask that the RECORD reflect that if I were able recommit. Gekas Mica Stump to cast my vote it would have been ‘‘aye.’’

VerDate 11-MAY-2000 01:44 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00032 Fmt 4634 Sfmt 9920 E:\CR\FM\A17AP7.017 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1373 Ms. KILPATRICK. Mr. Speaker, I inadvert- Lampson Ose Sherwood b 1403 Langevin Otter Shimkus ently voted ‘‘yea’’ on final passage of the Child Lantos Owens Shows ANNOUNCEMENT OF INTENTION TO Custody Protection Act (rollcall vote 97) when Larson (CT) Oxley Shuster OFFER MOTION TO INSTRUCT ON I meant to vote ‘‘no.’’ Please let the RECORD Latham Pascrell Simmons H.R. 2646, FARM SECURITY ACT reflect my true intention and note this state- Leach Pastor Simpson Lee Paul Skeen OF 2001 ment in the appropriate place in the CONGRES- Levin Payne Skelton Mr. DOOLEY of California. Mr. SIONAL RECORD. Lewis (CA) Pelosi Slaughter Lewis (KY) Pence Smith (NJ) Speaker, pursuant to clause 7(c) of rule f Linder Peterson (PA) Smith (TX) XXII, I hereby announce my intention Lipinski Petri Smith (WA) to offer a motion to instruct conferees THE JOURNAL Lofgren Phelps Snyder Souder on H.R. 2646 tomorrow. The SPEAKER pro tempore (Mr. LIN- Lowey Pickering Lucas (KY) Pitts Spratt The form of the motion is as follows: DER). Pursuant to clause 8 of rule XX, Lucas (OK) Platts Stark Mr. DOOLEY moves that the managers on the pending business is the question on Luther Pombo Stearns the part of the House at the conference on agreeing to the Speaker’s approval of Lynch Pomeroy Stenholm the disagreeing votes of the two Houses on Stump Maloney (CT) Portman the Senate amendment to the bill H.R. 2646 the Journal. Maloney (NY) Price (NC) Sullivan The question was taken; and the Manzullo Putnam Sununu (an Act to provide for the continuation of ag- Speaker pro tempore announced that Markey Quinn Tancredo ricultural programs through fiscal year 2011) the ayes appeared to have it. Mascara Radanovich Tanner be instructed: Matheson Rahall Tauscher (1) to agree to the provisions contained in RECORDED VOTE Matsui Ramstad Tauzin section 335 of the Senate amendment, relat- Mr. KENNEDY of Minnesota. Mr. McCarthy (MO) Rangel Taylor (NC) ing to agricultural trade with Cuba. McCarthy (NY) Regula Terry Speaker, I demand a recorded vote. McCollum Rehberg Thune f A recorded vote was ordered. Thurman McCrery Reyes PERMISSION FOR SPEAKER TO The SPEAKER pro tempore. This McGovern Reynolds Tiahrt POSTPONE FURTHER CONSIDER- will be a 5-minute vote. McHugh Riley Tiberi McInnis Rivers Tierney ATION OF MOTION TO INSTRUCT The vote was taken by electronic de- McIntyre Rodriguez Toomey ON H.R. 2646, FARM SECURITY vice, and there were—ayes 361, noes 51, McKeon Roemer Towns ACT OF 2001 not voting 22, as follows: McKinney Rogers (KY) Turner Meehan Rogers (MI) Upton [Roll No. 98] Mr. OSBORNE. Mr. Speaker, I ask Meeks (NY) Rohrabacher Velazquez unanimous consent that during consid- AYES—361 Mica Ros-Lehtinen Vitter Millender- Ross Walden eration of the motion to instruct of- Ackerman Coyne Green (WI) McDonald Rothman Walsh fered by the gentleman from Michigan Akin Cramer Grucci Miller, Dan Roukema Wamp Allen Crenshaw Gutierrez (Mr. SMITH), the Chair may postpone Miller, Gary Roybal-Allard Waters Andrews Crowley Hall (OH) Miller, Jeff Royce Watkins (OK) further consideration of the motion to Armey Cubin Hall (TX) Mink Ryan (WI) Watson (CA) a time designated by the Speaker. Baca Culberson Hansen Mollohan Ryun (KS) Watt (NC) Bachus Cummings Harman The SPEAKER pro tempore (Mr Moran (KS) Sanchez Watts (OK) Baker Cunningham Hart LAHOOD). Is there objection to the re- Moran (VA) Sanders Waxman Baldacci Davis (CA) Hastings (WA) Morella Sandlin Weiner quest of the gentleman from Nebraska? Baldwin Davis (FL) Hayes Murtha Sawyer Weldon (FL) There was no objection. Barcia Davis (IL) Hayworth Myrick Saxton Weldon (PA) Barr Davis, Jo Ann Herger f Nadler Schiff Wexler Barrett Davis, Tom Hill Napolitano Schrock Whitfield Bartlett Deal Hilleary MOTION TO INSTRUCT CONFEREES Neal Scott Wilson (NM) Barton DeGette Hinchey ON H.R. 2646, FARM SECURITY Ney Sensenbrenner Wilson (SC) Bass DeLauro Hinojosa Northup Serrano Wolf ACT OF 2001 Becerra DeMint Hobson Norwood Sessions Woolsey Bentsen Deutsch Hoeffel Mr. SMITH of Michigan. Mr. Speak- Nussle Shadegg Wynn Bereuter Diaz-Balart Hoekstra Obey Shaw Young (AK) er, I offer a motion to instruct con- Berkley Dicks Holden Ortiz Shays Young (FL) ferees. Berman Dooley Holt Osborne Sherman Berry Doolittle Honda The SPEAKER pro tempore. The Biggert Doyle Hooley Clerk will report the motion. Bilirakis Dreier Horn NOES—51 The Clerk read as follows: Bishop Duncan Hostettler Aderholt Hefley Peterson (MN) Mr. SMITH of Michigan moves that the Blumenauer Dunn Houghton Baird Hilliard Sabo managers on the part of the House at the Blunt Edwards Hoyer Blagojevich Jackson-Lee Schaffer conference on the disagreeing votes of the Boehlert Ehlers Hulshof Bonior (TX) Schakowsky two Houses on the Senate amendment to the Boehner Ehrlich Hunter Borski Kennedy (MN) Strickland Bonilla Emerson Hyde Brady (PA) Kucinich Stupak bill H.R. 2646 (an Act to provide for the con- Bono Engel Inslee Brown (FL) Larsen (WA) Sweeney tinuation of agricultural programs through Boozman Eshoo Isakson Capuano Lewis (GA) Taylor (MS) fiscal year 2011) be instructed— Boswell Etheridge Israel Condit LoBiondo Thompson (CA) (1) to agree to the provisions contained in Boucher Evans Issa Costello McDermott Thompson (MS) section 169(a) of the Senate amendment, re- Boyd Everett Istook Crane McNulty Udall (CO) lating to payment limitations for com- Brady (TX) Farr Jackson (IL) DeFazio Meek (FL) Udall (NM) modity programs; and Brown (OH) Fattah Jefferson Delahunt Menendez Visclosky Brown (SC) Ferguson Jenkins English Miller, George Weller (2) to insist upon an increase in funding Bryant Flake John Filner Moore Wicker for— Burr Fletcher Johnson (CT) Fossella Oberstar Wu (A) conservation programs, in effect as of Burton Foley Johnson (IL) Green (TX) Olver January 1, 2002, that are extended by title II Buyer Forbes Johnson, E. B. Gutknecht Pallone of the House bill or title II of the Senate Callahan Ford Johnson, Sam amendment; and Calvert Frank Jones (NC) NOT VOTING—22 (B) research programs that are amended or Camp Frost Kanjorski Cannon Gallegly Kaptur Abercrombie Doggett Rush established by title VII of the House bill or Cantor Ganske Keller Ballenger Frelinghuysen Smith (MI) title VII of the Senate amendment. Capito Gekas Kelly Carson (OK) Greenwood Solis The SPEAKER pro tempore. Pursu- Capps Gephardt Kennedy (RI) Clayton Hastings (FL) Thomas Cardin Gibbons Kerns Clement Jones (OH) Thornberry ant to the rule, the gentleman from Carson (IN) Gilchrest Kildee Clyburn LaTourette Traficant Michigan (Mr. SMITH) and the gen- Castle Gillmor Kilpatrick DeLay Nethercutt tleman from Arkansas (Mr. BERRY) will Dingell Pryce (OH) Chabot Gilman Kind (WI) be recognized for 30 minutes each. Chambliss Gonzalez King (NY) Clay Goode Kingston The Chair will also announce that at Coble Goodlatte Kirk b 1402 2:45 we will conclude temporarily the Collins Gordon Kleczka business of the House. So if we are not So the Journal was approved. Combest Goss Knollenberg finished, we will come back to it. Conyers Graham Kolbe Cooksey Granger LaFalce The result of the vote was announced Mr. SMITH of Michigan. Mr. Speak- Cox Graves LaHood as above recorded. er, I ask unanimous consent to yield

VerDate 11-MAY-2000 01:44 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.021 pfrm02 PsN: H17PT1 H1374 CONGRESSIONAL RECORD — HOUSE April 17, 2002 half of my time to the gentleman from amazed and surprised at the people are part of what is bad about this bill. Michigan (Mr. BONIOR) for purposes of that some way or other have gotten I urge this House to think about it very control. the idea that the best way to keep the carefully. The SPEAKER pro tempore. Is there American farmer down on the farm is Mr. Speaker, we talk a lot today objection to the request of the gen- to starve him to death. about national security. Over and over, tleman from Michigan? I hear people come to the floor and every day we hear about national secu- There was no objection. talk about millionaire farmers. I see rity on this House floor, in the Senate, Mr. SMITH of Michigan. Mr. Speak- these stories in the paper that talk from the White House. All of the media er, I yield myself such time as I may about all of the payments that these is full of national security issues. We consume. farmers get, and I am intimately famil- all are very aware of the problem we Mr. Speaker, what we are talking iar with some of these situations. have because we have to import too about this afternoon is should we have These stories are simply not true. They much oil from offshore. payment limitations on farm subsidy have payment limits imposed on them, We are in danger of creating that programs. We have a situation in law and they comply with the payment same situation if we allow this motion now that allows a loophole so there are limits. In the end what happens is to instruct to become part of the farm no payment limitations in terms of under the current system the American bill. We are creating a situation where price support programs. Just to be farmer is the most productive, the the American farmer simply could not somewhat specific, we have loan defi- most incredible production machine have the safety net they need to stay ciency payments, we have marketing that there has ever been in the history in production in times like this when loans, and there are limits on those of the world. prices are low, the value of the dollar is marketing loans and those LDPs, loan At the same time, for good reasons I so high that they are almost held out deficiency payments. am sure that the Members that are of the export market. However, once that maximum is proposing that this amendment be ac- Mr. Speaker, I urge Members to vote reached, there is a loophole. There is cepted and that this instruction be ‘‘no’’ on this motion to instruct. an end run that can be achieved by made, they have good intentions. They Mr. Speaker, I reserve the balance of farmers, and that is through the non- mean well. They think that they are my time. recourse loan where they can either doing the right thing. They just simply Mr. BONIOR. Mr. Speaker, I yield forfeit the nonrecourse loan where they do not understand what it takes to myself such time as I may consume. give the government possession of that produce the food and fiber for this Mr. Speaker, I thank the gentleman particular crop and they keep the country, and a good portion of the rest from Michigan (Mr. SMITH) for raising money. The money they keep is ex- of the world. this important issue today. I appre- actly the same subsidy benefit as they If our farmers are taking advantage ciate his leadership on this, as well as would have achieved through a mar- of the farm programs as they exist those who worked very hard on this keting loan or a loan deficiency pay- today and as they have been proposed last fall: the gentleman from Wisconsin ment. by the House of Representatives in the (Mr. KIND), the gentleman from Michi- So what we have ended up with is bill that we passed, if they are doing gan (Mr. DINGELL), the gentleman from many farmers getting millions of dol- such a terrible job of taking advantage New York (Mr. BOEHLERT), and the gen- lars in payments, and let me say why I of the U.S. Government, why are they tleman from Maryland (Mr. think this is so important that we have going broke every day? Why does every GILCHREST). some limit on these payments. This is farmer in the First Congressional Dis- The problem with this farm bill is doing farmers ill-will throughout the trict feel like they are just about to that it would reward the largest cor- United States. We have had a lot of lose everything they have? Why does porate farmers with $120 billion in Fed- publicity on these millionaire farmers no one want to get into the business? eral handouts; yet it will provide less getting all of this money from govern- Why do the children not want to get than a third of that for conservation. ment subsidy programs. We have had into the business? The list of things Now, back in 1930, 70 percent of Fed- all of this publicity on landowners get- that indicate that American agri- eral support for agriculture went to ting subsidy payments, sometimes in culture is threatened and our ability to conservation because we realized we the millions of dollars; and not only feed this Nation and to clothe this Na- were losing our topsoil and our prime does that affect what happens to farm tion without importing monstrous agricultural land. Today’s threats are programs here at the Federal level, but amounts of food and fiber, why is that no less real than when there were dust it also affects the reaction of local mu- threatened if things are going so well storms. The threats today of over- nicipalities when they are discussing and these farmers are being so well development and sprawl are real. In property tax and State laws that might taken care of by the government? Michigan, we continue to lose 68 square help farmers. There is a negative image Another problem that I have with miles of prime agricultural land every because of the publicity and because of this motion to instruct, Mr. Speaker, is year. That is the size of two townships the fact that a lot of these huge land- that it is an obvious attack on women. in our State. We are going to lose our owners and megafarms are getting It would provide that a woman could agricultural base at this rate. Large megabucks. only draw a small fraction of what a unchecked combine animal feeding op- With that, Mr. Speaker, I would payment limit is, but a man can draw erations in the southwestern part of strongly suggest that we move ahead a lot more. Over four times as much. our State are raising serious environ- and unanimously support this motion That is just simply unfair. mental health and safety concerns. to instruct that says we should go I cannot imagine that this House or Sediment from agriculture is a major ahead with the Senate version of pay- this Congress would be willing to pro- source of pathogens and other contami- ment limitations in their part A of the mote such an idea and take advantage nants in our drinking water. bill, and that we should use some of of the great women that have worked All we have to do is remember what that money for expanding agricultural right along with their husbands to happened a few years ago in Mil- research programs and increasing con- build American agriculture into what waukee, Wisconsin, where pathogens servation programs. it is today. That is something that I got into the drinking water; 104 people Mr. Speaker, I reserve the balance of find absolutely offensive, and I cannot died in Milwaukee, Wisconsin, as a re- my time. believe that we would disenfranchise sult of that. The system that we live in Mr. BERRY. Mr. Speaker, I yield my- one more time in this country the in the Great Lakes cannot take it; but self such time as I may consume. American woman that has worked so it is not too late to turn this around. Mr. Speaker, I particularly appre- hard on the family farm. We can keep our family farmers in ciate one more opportunity to come be- It creates a situation where a family business and protect our water and our fore this House and talk about the fab- would be better off if a man and wife wildlife habitat and our environment. ulous job that the American farm does were divorced. It would put people in a Voting for this motion to instruct will every day and has done since the begin- position where they would have to begin shifting our priorities and get- ning of this great Nation. I am always make that decision. All of these things ting us moving in the right direction

VerDate 11-MAY-2000 01:44 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.075 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1375 again. Our motion will take some of ing his lunch. He had an orange in his trast to the sometimes bitter process the funds from commodity payments hand. He took that orange, he had his in the other body. However, in this in- and funnel them into conservation pro- hand around it, and he said, ‘‘See stance, the Grassley amendment was grams and research. where my thumbnail is around this or- passed with a bipartisan coalition of 66 If we take this simple step, we could ange? That’s what’s left of our prime Senators. I believe the provision would help smaller family farmers keep their agricultural land on the planet today.’’ be a positive addition to the final farm land in farming, and we can protect our We are losing it an alarming rate. We bill product and in the best interests of environment at the same time. We have got to get back to the conserva- Iowa farmers. need to put more money into farm land tion, to deal with the basic levels of Mr. BERRY. Mr. Speaker, I yield preservation programs. This will help conservation in order to preserve it for such time as he may consume to the States protect farm lands from over- tomorrow. distinguished gentleman from Ne- development. We need to provide finan- I want to thank my colleague the braska (Mr. OSBORNE). cial incentives to finance purchasing gentleman from Michigan (Mr. SMITH) Mr. OSBORNE. Mr. Speaker, I agree development rights so that farmers can for introducing this motion to instruct. wholeheartedly with the gentleman afford to keep their lands in agricul- It is a very important motion. The from Michigan that there should be tural production and not sell off to de- Senate has acted, I think, quite well some reform of payment limitations. I velopers. We need to put funding into and honestly in moving in this direc- do not think anyone disagrees with the wetlands reserve program to pro- tion. The House needs to do the same. that. However, I do rise to oppose the tect wildlife habitat, and ensure that Mr. Speaker, I reserve the balance of motion. I would like to point out to the gen- wetlands are there to filter bacteria my time. tleman from Michigan that the House and pollutants long before they enter Mr. SMITH of Michigan. Mr. Speak- version of the farm bill does increase our lakes and rivers. er, I yield myself 35 seconds. Let me react to the agricultural lead- conservation payments by 80 percent. b 1415 er from Arkansas, that the people that EQIP, which addresses primarily clean Mr. Speaker, they are the natural are offering this amendment do not un- water, clean air standards, is increased by 600 percent, from $200 million to $1.2 barriers of filtration. They are the fil- derstand farm programs, and I would billion. Also, research is substantially tration. We cannot build anything bet- just suggest, I have been a farmer all increased, both versions, the House and ter than what nature gives us. It is in my life, a director of the Michigan the Senate. So I believe that those our own economic interest to encour- Farm Bureau. I understand farm pro- age farmers to set aside these wet- issues are being addressed. grams. To respond to your question What I would like to point out is that lands. why are farmers going broke, it is be- We need to put funding into the envi- the House Committee on Agriculture cause Federal agricultural programs went through a 2-year process in for- ronmental quality incentive programs encourage more production, and that that help us protect our water quality mulating this farm bill. They had 47 more production comes from the larg- hearings all around the country. It was from nitrates and pathogens. In our est farmers. This amendment helps the State, we use 250,000 tons of nitrate a a bipartisan bill. It was passed by a smaller farmer. It limits the amount of large majority on the House floor, 291– year that run off our farms, into our subsidies that can go to those huge 120. The other body, I think, has waters, and cause algae and seaweeds megafarms. worked hard but primarily has done a to grow at such a rapid rate that it Mr. Speaker, I yield 2 minutes to the bill within the last couple of months. It chokes off our canals, our lakes and gentleman from Iowa (Mr. GANSKE). has been somewhat of a rushed process, our streams. And then we have the (Mr. GANSKE asked and was given I think most people would agree, and problem of pollution and trapping of permission to revise and extend his re- so therefore I am a little bit reluctant sewage in our lakes and streams caus- marks.) to accept the other body’s version ing closings of businesses. We know the Mr. GANSKE. Mr. Speaker, I speak without careful thought, without mak- cycle there. Pathogens like crypto- on behalf of the motion to instruct ing sure we have really understood sporidium pose a human health risk conferees on the section of the farm fully what the circumstances are and and even can cause death, as I have bill dealing with payment limitations. what the repercussions might be. mentioned in Milwaukee. So this is I commend the objectives of the Grass- Currently the conferees are working very serious stuff. ley amendment in the Senate and I be- hard. It is a complex issue. I am con- Providing farmers incentives to re- lieve we should encourage Members of fident they will reform the payment duce their use of nitrates and use alter- the House serving on the farm bill con- limitation process. I would like to see natives to pesticides are commonsense ference to accept the language as it them given the opportunity to work steps that we can take to protect our was adopted in the Senate version. through the process. I think this is water quality and to protect our The Grassley amendment would place very important. health. If we do not take these steps, a cap of $275,000 on the amount that The Environmental Working Group Mr. Speaker, we are going to pay for could be received in Federal farm sup- and their Web site that oppose the pay- them later. We will not have enough port payments in a year. This is in con- ments that farmers have received I farmland to grow enough food to feed trast to the House bill and the Senate think has led to a great deal of mis- our population. We will have to in- bill as it was introduced. Both pieces of understanding throughout the country. crease costs for roads and sewers and legislation would have actually in- We have seen editorials, we see public police and fire protection in areas creased the cap from the current level opinion and all of these things that where growth and development occur. of $460,000. seem to be very much against com- Our urban cores will continue to lose During the previous House debate on modity payments. However, I would population and the tax base leading to the farm bill, I did not support an like to point out that the payments an inability to fund adequate services. amendment which dealt with only one that are posted on those websites do You can see all of this happening and aspect of the problem and which would not constitute profit. People see a all of this coming. All you have got to have left the increase in the cap to $500,000 payment and they assume that do is open your eyes and look around $550,000 intact. I believe, however, that the person receives a $500,000 profit. and see all the big box department the comprehensive approach of the Many people that I know who are re- stores, the strip malls and the golf Grassley amendment is a more bal- ceiving fairly large payments are still courses in our part of the State. anced and fair way to address the grow- operating in the red. In my area of the My wife and I did a walk around our ing problem. country, almost every farmer will tell district a few years ago. We were out in I have on many occasions com- you that without farm payments, they the country. I have a lot of agriculture mended Chairman COMBEST and Rank- would go under very quickly. Bankers in my district, Mr. Speaker, as does the ing Member STENHOLM for the civil and will tell you that. It is not just farm- gentleman from Michigan (Mr. SMITH). nonpartisan fashion in which they have ers. So it is important that this is We stopped by a farmer working in the conducted their approach to the House something that we understand the na- field just to chat with him. He was eat- farm bill. That has been in sharp con- ture of it. The Web site has been very

VerDate 11-MAY-2000 01:44 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.078 pfrm02 PsN: H17PT1 H1376 CONGRESSIONAL RECORD — HOUSE April 17, 2002 divisive. We lost 1,000 farmers in the Mr. SMITH of Michigan. Mr. Speak- years. The amendment would improve the State of Nebraska last year. So if it er, I ask unanimous consent that the current proposal to increase and improve the was such a windfall, it certainly would statement be inserted under my name. standard deduction, help provide more as- not reflect in that type of a figure, of The SPEAKER pro tempore. Is there sistance to families that pay large portions 1,000 farmers in a relatively small objection to the request of the gen- of their income on rent and utilities and make it easier for more people to participate State populationwise. tleman from Michigan? in food stamp employment and training pro- I would like to just amplify what the There was no objection. gram by lifting the cap on transportation re- gentleman from Arkansas mentioned Mr. SMITH of Michigan. Mr. Speaker, with imbursements. earlier, which I think a lot of people do us is Senator CHUCK GRASSLEY of Iowa, one Senator Dorgan and I have chosen to spend not think about. In the European of the sponsors of the Senate payment limita- a significant portion of the savings in this Union, the average payment to farmers tion amendment. These are his comments amendment on Food Stamp programs. We is $300 per acre. I have been to Brazil during debate on the Senate bill amendments feel strongly that these dollars are well recently. Many people have who are in- for payment limits to the largest farms. spent. For instance, we are trying to help terested in agriculture. You can buy Mr. President, I stand before you today to low-income families by not making them choose between eating or paying the heat very good agricultural land, equivalent offer one the most important amendments for the family farmer we have ever consid- bill. to what we would pay $3,000 an acre for, I know that this issue is very important ered. There have been a number of important for $100 to $500 an acre. The labor cost for my colleagues from the Northeast, but amendments already considered during the over there is 50 cents an hour on the this is an issue that all senators from sea- farm bill debate, and a couple have been average. And so we are asking our adopted, but if we are truly sincere about sonally cold weather areas should be con- farmers to compete with the European improving this farm bill for the family farm- cerned. Many low-income families spend Union where the subsidy is $300 per er we have a golden opportunity in front of large portions of their income on shelter ex- acre, we are asking them to compete us right now. penses. As families struggle to pay for their with Brazil where the cost of land is The farm bill reported by the Senate Agri- housing, they will face problems paying for culture Committee fails to adequately target food, which can have an adverse effect on very low, they can produce two crops, family members, health and children’s devel- the topsoil is 50 feet deep and they assistance to family farmers and will dis- proportionately benefit our nation’s largest opment. have no labor cost and no environ- farms. In fact, this farm bill unnecessarily My amendment would eventually elimi- mental cost. So I am saying that the increases the payment limitations estab- nate the arbitrary cap set on the shelter de- $38 an acre that we have been paying lished in the Freedom to Farm Act which al- duction which currently has the effect of our farmers is not badly spent. lowed an individual to receive nearly a half treating some money that a family must The last thing I would mention was, million dollars through subsidy payments. spend on housing costs as available to meet I think, in some congruence with what Moreover, the Committee bill fails to ad- its food needs. There isn’t anyone that can the gentleman from Arkansas was dress the use of generic commodity certifi- say that we are not doing the right thing by fixing this problem. Even if the rest of this mentioning. That is, that about 15 or 20 cates which allow farmers to circumvent payment limitations. In recent years, we amendment wasn’t as popular as it is, my years ago, we found that we could buy have heard news reports about large cor- colleagues should support it because of the petroleum from OPEC for $10 a barrel. porate farms receiving millions of dollars in inclusion of this provision. And so we were glad to oblige them. As payments through the use of generic certifi- We will also extend eligibility for Loan De- a result, we have shipped our petro- cates. Generic certificates do not benefit ficiency Payments (LDP) to farmers who leum industry overseas. We quit ex- family farmers but allow the largest farmers produce a contract commodity on a farm not ploring, we shut down much of our pro- to receive unlimited payments. covered by a Production Flexibility Contract duction, many of our refineries, and so I am pleased to join my colleagues, Sen- (PFCC). The Agricultural Risk Protection ators Dorgan, Johnson, Hagel, Lugar, Fitz- Act of 2000, which we passed into law last now we find ourselves all of a sudden gerald, Ensign, Durbin, and Wellstone in sup- year, furnished LDPs to farmers who pro- almost 60 percent dependent on foreign port of this amendment to establish reason- duced a 2000 crop contract commodity on a oil. We are in a situation where every- able payment limitations. Our amendment farm not covered by a PFC. one realizes that all we have to do is would more effectively target the assistance In Iowa there are 6200 farms that do not light the tinderbox in the Middle East provided by this legislation to small and me- participate in the farm program. Non-par- and we have got a real problem. We can dium-sized family farms. ticipating farms are classified as farms not do the same thing to agriculture. We Senator Dorgan and I have worked to- enrolled in 1996 at the beginning of the pro- can do it very easily. We can say we gether to make this amendment what it is gram, or farms that changed hands during right now. Without Senator Dorgan’s efforts the farm bill that were not properly re-en- are going to just forget about these we would not have the broad, bi-partisan co- rolled. commodity payments, they are evil, alition supporting this amendment we cur- Not all of the 6200 non-participating farms they are large, only rich guys get rently enjoy. I know how hard Senator Dor- will choose to use and benefit from an them. Most of the people that I know gan has worked in his own caucus to gen- LDP,but for the family farmers in Iowa who are not rich people that are receiving erate support for this vital issue and how are not in the program, guaranteeing close these. crucial his input was in the drafting process to $1.78 on corn and $5.26 on soybeans is sig- And so I am not arguing that we do and I appreciate his efforts. nificant assistance. not need reform. I agree totally that With that said, let’s talk about the spe- With the record low prices Iowa producers have experienced recently, I think that the we do. I am just saying, let us take this cifics of the amendment. Our amendment would limit direct and counter-cyclical pay- federal government should do everything it thing and think it through. Let it go ments to $75,000. It would limit gains from can to keep producers on the farm. This by through the process and let us not just marketing loans and LDPs to $150,000, and no means solves all their problems, but it automatically accept the other body’s generic certificates would be included in this helps and it’s something we should have done view of what needs to happen because I limit. The amendment would also establish a for these individuals on a permanent basis have great confidence in the conferees combined payment limitation of $275,000 for when we provided a one-year opportunity for that we have working at it right now. a husband and wife. participation in the LDP program last year. Mr. SMITH of Michigan. Mr. Speak- Americans recognize the importance of the In addition, we extend eligibility for LDPs er, I would like to welcome to our family farmer to our nation and the need to to farmers who have lost beneficial interest provide an adequate safety net for family in their commodity. We previously passed a Chamber Senator GRASSLEY. He is the farmers. In recent years however, assistance similar one-year extension in the Agricul- sponsor of the Grassley-Dorgan amend- to farmers has come under increasing scru- tural Risk Protection Act. This is only ment. tiny. Critics of farm payments have argued meant to extend this opportunity until the Mr. Speaker, I ask unanimous con- that large corporate farms reap most of the 1996 farm bill comes to an end. sent that his statement be inserted benefits of these payments. This amendment I would like to commend Senate Roberts into the RECORD at this point in the will fix that problem. for his leadership on this issue. In June, he testimony. In addition, we will apply the savings pro- introduced stand-alone legislation to address The SPEAKER pro tempore (Mr. vided by this limitation against other sig- this issue and has clearly been the leading LAHOOD). The gentleman should not nificant problems our producers currently advocate on this issue in the Congress. Mr. President, I will conclude my remarks refer to the presence of a Senator. face plus agriculture research, crop insur- ance, Beginning Farmer Loans, and food by stating again that I feel strongly the Ag- House rules do not provide for a Sen- stamps. In fact, we put a large share of the riculture Committee bill fails to effectively ator’s statement to be inserted in the savings in the Food Stamp Program. address the issue of payment limitations. RECORD except as authorized by clause This amendment would increase Food Therefore, I urge my colleagues to support 1 of rule XVII. Stamp spending by $810 million over ten this amendment which will help to restore

VerDate 11-MAY-2000 03:06 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00036 Fmt 4634 Sfmt 9920 E:\CR\FM\K17AP7.081 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1377 public respectability for federal farm assist- vidual to bear the burden or for the for bringing it forward. In my view, we ance by targeting this assistance to those taxpayer. There is a better way. ought to get back to the Freedom to who need it the most. There is the opportunity here with Farm Act of 1996. We ought to be mov- This amendment has been endorsed by 35 this motion to instruct for us to be ing in the other direction. That is my groups. That list includes the California In- able to deal with how we spend the stitute for Rural Studies, California Sustain- position. But this motion makes what I able Agriculture Working Group, Center for money more wisely. There is no reason believe is an obscene farm bill just a Rural Affairs, Church Women United (NYS), that we cannot help producers around little more palatable. I would urge sup- Community Alliance with Family Farmers the country do things that will make a port of it and encourage the other side, (CA), Community Food Security Coalition, difference to help them stay in busi- hey, if it is true that nobody is receiv- Environmental Working Group, Evangelical ness. It is expensive to be able to com- ing these payments, that if Scottie Lutheran Church in America, Illinois Stew- ply with water quality, to be able to Pippen who makes $18 million a year ardship Alliance and the Kansas Rural Cen- change some agricultural practices. posting up for the Portland Trail Blaz- ter. There are people that are being driven Land Stewardship Project (based in Min- ers is not making another $150,000 nesota), Michael Fields Agricultural Insti- around the country into subdividing digging postholes apparently around tute (WI), Michigan Agricultural Steward- farms because of market pressures. We his Arkansas farm, if that is not the ship Association, Michigan Integrated Food can have money for conservation pay- case, then, hey, support the motion. and Farming Systems, Minnesota Project, ments, for purchase of development National Family Farm Coalition, National rights, to be able to help them stay in b 1430 Farmers Union, National Grange, National business. It is not going to hurt anybody. But Campaign for Sustainable Agriculture and The current system, with its lavish if it is the case, then, by golly, we the National Catholic Rural Life Conference. spending, is not stopping the loss of ought to put a stop to it. With that, I NOFA—NY, North Dakota Council of farms. We just heard in Nebraska, a Churches (Rural Life Committee), Northern urge support for the motion. Plains Sustainable Agriculture Society, Ohio thousand farms went out of the hands Mr. BERRY. Mr. Speaker, I yield my- Citizen Action, Ohio Ecological Farm and of family farmers. We are having a sys- self 1 minute to respond to the gen- Food Association, Rural Advancement Foun- tem now without the limitation that it tleman from Arizona. dation International (USA), Rural Coalition, drives the incentives toward larger and This particular motion to instruct Rural Roots (ID), Sustainable Agriculture larger activities, more and more over- would actually help the Scottie Coalition and the Union of Concerned Sci- production for a few commodities, and Pippens of the world. It would add entists. then in my State where there are row more money to that program. United Methodist Church (General Board crops, where there are specialty crops of Church and Society), Washington Sustain- I would also add at this particular able Food and Farming Network, Wash- that do not get the help, there are peo- time, I stand by my statement that the ington Tilth Producers, Western Sustainable ple that are literally bulldozing or- people that support this motion to in- Agriculture Working Group, Center on Budg- chards because they cannot afford to struct do not understand agriculture et and Policy Priorities, America’s Second maintain it. This is goofy. and the high-technology business that Harvest, Food Research and Action Center We should go along with this motion it is today. It will be a long time before and Bread for the World. to instruct to be able to have the sup- anybody can positively change my This is no time to be making backroom port for the Senate efforts for con- deals or playing games. This is going to be mind on that. servation. Remember, on this floor ear- Mr. Speaker, I yield such time as he our one shot at this issue and we all know it. lier, my colleague from Wisconsin, Look at what we have already accomplished may consume to the gentleman from on the Feingold/Grassley amendment lim- there was a broad cross-section, the Arkansas (Mr. ROSS). iting mandatory arbitration and the John- gentleman from Maryland (Mr. Mr. ROSS. Mr. Speaker, I thank the son/Grassley amendment banning packer GILCHREST) and others, had a strong gentleman from Arkansas for yielding ownership. Senators Feingold and Johnson showing, there is a strong basis of sup- me time. knew those were important issues to family port for increasing conservation pay- Mr. Speaker, I rise today to oppose farmers and helped me to offer amendments ments, limiting commodity. It nar- in a bipartisan fashion. this motion to instruct. This same mo- rowly was defeated here. It was passed tion, as a resolution, was voted down It’s time to do the right thing again, sup- in the Senate. That is no justification port payment limitations and support the by a vote of 238 to 187 simply under a family farmer. Help Senator Dorgan and I re- for the conferees to dramatically cut different name. Here we go again. store integrity to the programs, reduce pres- back on conservation payments. Our farm families need a new farm What we are going to face here as we sure on rents and land prices, dampen over- bill. I am a member of the Committee continue to have celebrity farmers production, raise farm income, and help on Agriculture. I come from a district maintain family farms and the culture that from Beverly Hills to Houston to Den- in south Arkansas where agriculture is surrounds our rural communities. In addi- ver in the last 5 years got over a half a huge part of our economy, and I can tion, we will be funding additional nutrition billion dollars, we can crank down on tell you that our farmers need a new crop insurance research and development, that. We have the wherewithal to be farm bill. They do not need it today, and ag. able to limit payments to families. We they do not need it tomorrow, they Mr. BONIOR. Mr. Speaker, I also do not have to be discriminating would like to welcome the distin- against one sex or the other. We can needed it last year. And this body in guished gentleman from Iowa whom I make sure that we are going to be able this very Chamber approved a good had occasion to serve with in this body to have the help to the people who need farm bill last year. Now it is stuck in and appreciate all his good works. it the most. But $17.1 billion for con- conference, gutted with amendments Mr. Speaker, I yield 3 minutes to the servation programs means that people that will totally destroy farming in distinguished gentleman from Oregon are going to be lining up, they are not America and farming in Arkansas as (Mr. BLUMENAUER). going to get the money that they want, we know it today. Mr. BLUMENAUER. I appreciate the we are still going to lose family farms, We already have payment limits. And gentleman’s courtesy in allowing me to and the taxpayer will pay the bill. for the gentleman that mentioned we speak on this motion. Mr. SMITH of Michigan. Mr. Speak- need to go back to the days of the Mr. Speaker, it is hard to imagine er, I yield 11⁄2 minutes to the gentleman Freedom to Farm bill, that is what we anyplace outside of the Beltway where from Arizona (Mr. FLAKE). are living under now; and we have having a subsidy of $275,000 limit is Mr. FLAKE. Mr. Speaker, I thank fewer farm families today than ever be- starving people to death. Yes, it is pos- the gentleman for yielding time. It is fore. sible that people in this current system interesting to hear this debate, to hear It is pretty obvious to me that the are involved with slowly spiraling the other side say, ‘‘Well, nobody’s get- majority of those who passed Freedom down into greater and greater debt. ting payments over $275,000. That’s just to Farm simply did not get it; they did Overproduction, my colleague from a myth. That’s just something we hear not understand farming in rural Amer- Michigan talked about that, where we out there that’s in the press. Nobody ica. In fact, it should have been re- are encouraging people to plant crops, really does that.’’ named, Freedom to Fail, because that overproduce, driving down the cost and If that is the case, then why oppose is exactly what has happened. We have leaving the problem either for the indi- this motion? I commend the gentleman lost many good farm families because

VerDate 11-MAY-2000 01:44 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.039 pfrm02 PsN: H17PT1 H1378 CONGRESSIONAL RECORD — HOUSE April 17, 2002 of that so-called Freedom to Farm bill anyone would think that we are over- I still have roughly 10,500 family passed back in 1996. It was so horrible, producing in a world where people go farms in my congressional district that is why we are here 1 year early to bed every single night hungry. Peo- alone in the State of Wisconsin. We trying to pass a new farm bill. ple are starving to death. have roughly 60,000 family farms in We already have payment limits. Our We need fair trade. We need to re- Wisconsin. This motion to instruct farm families are also small business move sanctions and embargoes. We would affect 14 farms in my State; and owners, and they make decisions based need to open up these markets. If we do yet, because of the way the farm bills on land, crops, equipment, loans, em- that, we will not be overproducing; and in the past have been produced, where ployees, based on the current payment if we do that, the prices will go back up 90 percent of farm bill funding goes to limits, based on the farm bill. To at the market, and these farm families a few producers, producing the, quote- change those rules for them will re- will not need our help. But as long as unquote, ‘‘right commodity crop,’’ it quire many of them to file bankruptcy, we stand in their way of doing what distorts the marketplace. It encourages laying off 10 or 12 employees. they do best, and that is feed America overproduction and oversupply, and I recently was at the annual Watson and feed much of the world, then, yes, then a plummeting of commodity Fish Fry in Watson, Arkansas; and a they need our help, they need a new prices as we have seen over the last few gentleman came up to me, a grown farm bill. They do not need this motion years, and then either farmers having man, with tears in his eyes, as he to instruct. to file bankruptcy and forced out of talked to me about how, just that Mr. BONIOR. Mr. Speaker, I yield 41⁄2 business, or for there to be farm relief morning, he had filed bankruptcy and minutes to the distinguished gen- bills, multi-billion farm relief bills laid off 10 employees, eight of whom tleman from Wisconsin (Mr. KIND), who coming before Congress every year to had been working for him for over 20 has been a great leader on this issue. do something about it. years. (Mr. KIND asked and was given per- I would submit that a farm policy Mr. Speaker, we have a farm crisis in mission to revise and extend his re- that only provides income support pay- America. marks.) ment to just 30 percent of the farmers I recently called another farm family Mr. KIND. Mr. Speaker, I thank my and misses 70 percent of the rest of the to tell them I was sorry to learn that friend from Michigan for yielding me producers we have in this country is no they were forced to sell; and when I this time and the leadership he has safety net at all. reached the gentleman, guess where he shown on this issue, as well as my This motion really gets to the fair- was? He was at another farm family’s friend, the gentleman from Michigan ness issue of what we can do with the auction, and that was the morning (Mr. SMITH), for the courage to bring limited resources we can devote to help after the Senate amendment was put this motion forward. our farmers in this country, but in a on the farm bill reducing payment lim- I along with Representatives BOEH- fair and equitable manner, so all of our its. And guess what? Overnight the LERT, DINGELL and GILCHREST, helped family farms in all regions of the coun- price of farm equipment at auctions assemble a coalition last fall, Mr. try can participate. dropped 35 percent. Speaker, a bipartisan coalition, an A great State like California, the I was not real good at math, and you urban-suburban-rural coalition, offer- largest agriculture-producing State in do not have to be to understand this: ing to do basically what this motion to the Nation, and if it was a separate our farm families used to get $8.50 a instruct suggests, and that is taking a country would be one of the top pro- bushel for rice. Today they are getting look at the current subsidy program, ducing countries in the world in agri- $1.50. Cotton, it costs them 60 cents to the income support program that ex- culture, gets 3 cents on the dollar be- grow it. If they are getting 30 cents ists in this country, and seeing if there cause they are not producing the right today, they are doing good. was a way of moving some of the sub- crop in California. Our farmers do not want to be wel- sidy payments from the biggest of the What would this motion to instruct fare farmers. They do not want to be big producers in this country, the do? It would take the savings between insurance farmers. They simply need a upper 2 percent, over 97 percent of the the 275,000 cap, as we are recom- basic safety net to help them survive farmers in this country would not have mending, from the $550,000 that passed when market prices are down and when been affected by the conservation title out of the House, and apply those re- our government does crazy things like amendment that many of us offered sources in voluntary and incentive- imposing sanctions and embargoes on last fall, and see if we can move some based conservation programs so we can them. of these limited, precious resources not only provide economic assistance The sanctions and embargoes against into other areas to benefit all family to family farmers who want to partici- Cuba, that happened the year I was farmers in all regions of the country. pate, but also encourage better water- born, 40 years ago. Cuba is still getting It did pull up a little bit short. We shed management, quality drinking rice. They are just not getting it from had 200 votes. Nevertheless, I think it supplies and the protection of wildlife Arkansas farmers; they are not getting was a strong showing of the need for and fish habitat. it from American farmers. They are this type of new approach in agri- Anyone who does not think that getting it from China. They want to culture policy. sound, sustainable conservation prac- buy our rice. They can get it in 4 days This motion today is about devel- tices should not be a major part of as opposed to a month. oping a sensible and sustainable farm farm policy in the 21st century has not Our government does have a duty and policy for all of our family farmers, but been looking at the type of issues I an obligation and a responsibility to also for our communities. This motion have seen in regards to quality water these farm families to assist them is not about attacking family farmers. issues, which is going to be one of the when market prices are down, when we This motion is not about attacking the predominant issues facing this Nation are using them as a weapon. We have a women in this country. It is about good in the next 100 years. There is a way for strong defense in this country, and we economic policy, because right now we us to be able to assist in that great en- need to make it stronger. We have are operating under a perverse eco- deavor, in that great challenge that we watched what the military might of nomic farm policy, one that pays more all face. this country can do in Afghanistan and money to big producers based on how The other part of the motion would around the world. When we want to many acres they plant and how much devote resources to important agri- punish someone, let us help them using they produce in a certain category of culture research programs so we can our military, but let us stop turning crops. talk about value added and creating our farm families and their crops into This distorts the marketplace. This wealth within the agriculture industry, a weapon. encourages production, not based on rather than the proposed 40 percent cut The issue of payment limits, let me market price and what the market can in agriculture research spending that is tell you that if you take a look it and bear, but, rather, based on the govern- currently being proposed in the con- you hear the talk that, well, we need to ment paycheck. And we are seeing this ference committee. reduce payment limits so we will quit across the country throughout all of So, again, I commend my friend, the overproducing, I cannot believe that our districts. gentleman from Michigan (Mr. SMITH);

VerDate 11-MAY-2000 01:44 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.083 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1379 my friend, the gentleman from Michi- amendment, relating to restoration of somewhat low for consumers and what gan (Mr. BONIOR), for offering this mo- benefits to children, legal immigrants happened in the evolution and the pres- tion to instruct; and I would rec- who work, refugees, and the disabled. sures that were put on farms in the ommend to my colleagues to support f United States over these years was this motion and send a message to the that the small farmer was backed up MOTION TO INSTRUCT CONFEREES conferees that this is the direction we against the wall, the medium-sized ON H.R. 2646, FARM SECURITY need to move in in farm policy in our farmer felt like if he added a few more ACT OF 2001 Nation. acres, then he might be able to send his The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The kids to the same music lessons and LAHOOD). The Chair would announce pending business is the further consid- schools and have the same benefits as that the gentleman from Michigan (Mr. eration of the motion to instruct con- their country cousins, so that medium- SMITH) has 91⁄2 minutes remaining, the ferees on the bill, H.R. 2646, offered by sized farmer said, ‘‘Look, well, I’ll buy gentleman from Michigan (Mr. BONIOR) the gentleman from Michigan (Mr. some more land, I’ll spend a couple of has 2 minutes remaining, and the gen- SMITH). hours extra a day and try to make it.’’ tleman from Arkansas (Mr. BERRY) has The Clerk will rereport the motion. What we have done is had programs 141⁄2 minutes remaining; and that pur- The Clerk read as follows: that encouraged larger and larger suant to the previous order of the Mr. SMITH of Michigan moves that the farms. That is part of the reason that House of today, further proceedings on managers on the part of the House at the we have this motion to instruct today, this motion are postponed. conference on the disagreeing votes of the is to give a little greater relative ad- two Houses on the Senate amendment to the vantage to the smaller farms by, in ef- f bill H.R. 2646 (an Act to provide for the con- fect, saying all of your production is RECESS tinuation of agricultural programs through going to be eligible for the price sup- fiscal year 2011) be instructed— port payments that we have in farm The SPEAKER pro tempore. Pursu- (1) to agree to the provisions contained in ant to clause 12 of rule I, the Chair de- section 169(a) of the Senate amendment, re- programs. Where the big, larger farms, the very clares the House in recess subject to lating to payment limitations for com- big farms, we are saying, there is going the call of the Chair. modity programs; and to be a limit to how much of your com- Accordingly (at 2 o’clock and 41 min- (2) to insist upon an increase in funding modity that you produce that is going utes p.m.), the House stood in recess for— (A) conservation programs, in effect as of to be eligible for this price protection. subject to the call of the Chair. January 1, 2002, that are extended by title II Therefore, it is going to have the effect f of the House bill or title II of the Senate on these larger farmers to think twice amendment; and b 1711 about what the market price is going (B) research programs that are amended or to be if there is no support subsidy AFTER RECESS established by title VII of the House bill or title VII of the Senate amendment. price. The recess having expired, the House The gentleman from Arkansas (Mr. The SPEAKER pro tempore. When was called to order by the Speaker pro BERRY) and I, we both want to have a proceedings were postponed earlier tempore (Ms. HART) at 5 o’clock and 11 situation where we expand markets, today, the gentleman from Michigan where we have better farm prices and minutes p.m. 1 (Mr. SMITH) had 9 ⁄2 minutes remaining; hopefully the kind of farm prices that f the gentleman from Arkansas (Mr. the support payments that are guaran- REPORT ON RESOLUTION PRO- BERRY) had 141⁄2 minutes remaining; teed in this farm bill will not even be VIDING FOR CONSIDERATION OF and the gentleman from Michigan (Mr. applicable because that is what we are THE SENATE AMENDMENT TO BONIOR) had 2 minutes remaining. looking at, is better farm commodity H.R. 580, FAIRNESS FOR FOSTER Mr. SMITH of Michigan. Madam prices to keep more farmers in busi- CARE FAMILIES ACT OF 2001 Speaker, I ask unanimous consent that ness. the time of the gentleman from Michi- Mr. SESSIONS, from the Committee Unfortunately, today about 82 per- gan (Mr. BONIOR) be returned to my cent of all of our farm subsidies go to on Rules, submitted a privileged report time to be yielded to the gentleman (Rept. No. 107–412) on the resolution (H. just 17 percent of the farms. By pro- from New York (Mr. HINCHEY) upon his viding unlimited subsidies, we have en- Res. 390) providing for consideration of arrival. the Senate amendment to the bill (H.R. couraged huge corporate farm oper- The SPEAKER pro tempore. Is there ations to get bigger and bigger, squeez- 586) to amend the Internal Revenue objection to the request of the gen- Code of 1986 to provide that the exclu- ing out family farmers. With this we tleman from Michigan? have encouraged excess production sion from gross income for foster care There was no objection. that has tended to reduce prices paid to payments shall also apply to payments b 1715 farmers. by qualified placement agencies, and That is why I think it is so important for other purposes, which was referred Mr. SMITH of Michigan. Madam that we have some kind of price limit, to the House Calendar and ordered to Speaker, I yield myself such time as I that somehow, someway, someplace, be printed. may consume. whether it is a limit of $275,000 as sug- f Just to review from where we were gested by the Senate or maybe a half a an hour ago, I think it should be made million, but it is bad for farmers, it is ANNOUNCEMENT OF INTENTION TO clear to all of our colleagues and the OFFER MOTION TO INSTRUCT bad for the support they get from the American public that the purpose of American people to have these exorbi- CONFEREES ON H.R. 2646, FARM subsidies since the beginning, since SECURITY ACT OF 2001 tant millions of dollars given to some back in the 1930s when we tried to of these megafarm operations. Mr. BACA. Madam Speaker, pursuant make sure that the agricultural indus- Madam Speaker, I reserve the bal- to clause 7(c) of rule XXII, I hereby an- try was going to survive, the purpose ance of my time. nounce my intention to offer a motion has been to protect family farmers. Un- Mr. BERRY. Madam Speaker, I yield to instruct the conferees on H.R. 2646. fortunately, over the years, we have myself such time as I may consume. The form of the motion is as follows: had programs that made it tough for Once again, I want to say how much I Mr. BACA moves that the managers any farmer to survive, because part of appreciate the opportunity to stand be- on the part of the House at the con- the farm policy in this country has fore this House and proclaim what a ference on the disagreeing votes of the been to encourage a little more produc- wonderful job and what an extraor- two Houses on the Senate amendment tion than what we need. dinary thing the American farmer is. I to the bill, H.R. 2646, an Act to provide The effect of that increased produc- know the gentleman from Michigan is for continuation of agricultural pro- tion a little over and above the current a good fellow. I know he means well. grams through fiscal year 2011, be in- market demand meant that prices He does not intend to hurt anyone. And structed to agree to provisions con- tended to stay down. So there was an I have great respect for him. Unfortu- tained in section 452 of the Senate attempt, of course, to keep those prices nately, I would have to say that he just

VerDate 11-MAY-2000 03:06 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.084 pfrm02 PsN: H17PT1 H1380 CONGRESSIONAL RECORD — HOUSE April 17, 2002 simply does not understand the food ably priced food supply and a safe food passed, it would ignore that there is a production system in this country and supply. lot more to farming and to being a suc- as hard as I have tried to explain it, we What the people that support this cessful farmer and a successful pro- still seem to be hung up on this issue. motion to instruct do not understand ducer than just sitting on a tractor. It Let me just tell you what would hap- is, if this were allowed to stand, if the would be denying benefits to farmers pen if this motion to instruct were conferees accepted this, it would be a who may not labor but handle finances honored by the conferees. We would dramatic move toward bad conserva- and risk management. It would create resurrect the marriage penalty, some- tion, it would cause even more consoli- a situation where it would be very dif- thing we did away with last year. A di- dation. The consolidation of American ficult for some of our producers be- vorced couple would be eligible for agriculture has not been driven by cause they do not spend all their time $175,000 more in government subsidies farm programs. It has been driven by in the field. It would put in question al- than a married couple. It discriminates technology. It just simply does not most any producer. I think one thing against women. It disenfranchises take as many people to produce a that has been missed by the upper Mid- women. Women would get one-fifth of pound of food anymore than it did 50 west is that the rules that this would what a man gets when they qualify for years ago. That has changed. It takes a put in place for many producers of corn farm programs. There is nothing right lot more equipment. It takes more ex- and soybeans in the Midwest, espe- about that. But one of the worst things pensive equipment. That is what is cially the ones that use no-till tech- it would do, and I cannot imagine that driving the consolidation of American nology, would not even qualify them- the people that wrote this really knew agriculture. selves if they were required to put in a what they were doing when they wrote We have heard people talk today thousand hours before they were eligi- it, it would basically impose the death about how bad conservation needs to be ble. tax. dealt with, and I agree with that. But Many of those producers that this POINT OF ORDER the fact is poor folks have poor ways. bill is intended to help very likely Mr. SMITH of Michigan. Point of When our farmers are nearly broke, would not qualify under these rules. I order, Madam Speaker. they cannot take the necessary con- think that they need to be studied The SPEAKER pro tempore (Ms. servation measures that they would much more carefully before we even HART). The gentleman will state his like to take and that they know they think about adopting these. point of order. need to take in some cases. There are many things that have Mr. SMITH of Michigan. Was that a They are forced to take bad short- been said that just simply are inac- derogatory remark towards the Sen- cuts. They are forced to do things that curate. I would go back to my original ators that wrote this language in the they do not even want to do in an at- statement. The people that support farm bill and is that appropriate in the tempt to be an efficient producer. Over this motion to instruct simply do not Chamber? and over again, we have heard that understand the food and fiber produc- The SPEAKER pro tempore. Mem- these payment limits that have been tion system in this country, and they bers are reminded not to make im- talked about so much, and the fact is certainly do not appreciate the incred- proper references to the Senate. we have payment limits today. We ible productivity of the American Mr. BERRY. Madam Speaker, if I have had payment limits since 1985. farmer. may reclaim my time, I do not remem- This is not something new. We have Madam Speaker, I reserve the bal- ber saying anything about the Senate. complied with those laws all along. ance of my time. But having dealt with that issue, it We will comply with whatever law is Mr. SMITH of Michigan. Madam resurrects the death tax. In the First written and whatever the House and Speaker, I yield myself such time as I Congressional District of Arkansas, Senate come out with for a farm bill, may consume. Let me just say that a people work hard. They save their out of the conference committee with. Senate that quite often is partisan in money. They try to accumulate a small But the fact is, that has nothing to do trying to come to agreement over- farm. They are able to do that in some with the size of the farms. What we are whelmingly supported this idea of some cases, and they have been able to do it talking about here is penalizing the kind of a payment limitation. The gen- in the past 60 to 70 years because we most efficient producers in the world, tleman from the other side of the aisle had a good, strong farm program. And the people that are really, really good suggests that this kind of a limitation they pass it on to their widow. That at what they do, we are talking about hurts a lot of the hard-working family land takes care of that widow until she making it much more difficult for farmers. Let me just report to you the is gone from this earth. If this motion them. following information that comes from to instruct were honored by the con- We have to have a safety net, as I the Congressional Research Service, ferees, we would lose that ability for said, because it is a national security prepared by Jasper Womach, Agricul- the widow to benefit from farm pro- issue to have enough food supply with- tural Policy Specialist. The report cal- grams, because they would not be eligi- in our own country. If we do not have culates how many acres of the different ble anymore the way this is written. a safety net in times like this when the commodity crops would have to have That is the reason I question the way it value of the dollar is so high that it been grown to reach the $150,000 limit was written. takes American producers out of the that we put in this suggestion of in- It has been said over and over today market through no fault of their own, structing conferees. that these farm programs cause over- it is not because of overproduction. It Allow me to go down through them. production. I would try to explain one is because the value of the dollar is so Wheat based on the price of wheat last more time the only reason we need to high that you can go to Argentina or year, you would have to exceed 60,000 have farm programs and a safety net Brazil and buy half, again, as much acres of wheat. Corn, it would take for our farmers in this country is to en- product as you can in the U.S. for the over 27,000 acres of corn to get close to sure the adequate production of food same amount of money. the $150,000 limit. Soybeans, it would and fiber so that the American people When our farmers are caught in that take over 5,000 acres of soybeans to get do not have to depend on production situation, they have to be protected. close to the $150,000 limit. offshore to get enough to eat. If this This is the only way we have of doing program is so bad, why do we not have that. That is why we need a farm bill. b 1730 a great accumulation? That is why you have to have payment Cotton, it would take 11,000 acres of We do not have overproduction limits set at least high enough so that cotton to reach the $150,000 limit. Rice, today. I would also make the point to you can have an economically viable it would take over 2,600 acres of rice to have enough to eat, you have to have unit and so that that producer can be reach the $150,000 limit. too much, because there is no way to economically efficient enough to be the Let me stress this: whether it is gauge accurately how much crop to provider of the cheapest food and fiber 27,000 acres of corn or whether it is plant so that you produce exactly so supply in the history of the world. 2,600 acres of rice, we are dealing with much that the American people have I would also point out that if this an average commercial farm operation enough and that they have a reason- motion to instruct conferees were in the United States of 460 acres. So I

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.089 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1381 think suggesting that this measure has in this knew what they were doing, and producers can have an economically a limit or cap on anyone except the I will take him at his word. I would viable unit, and where they can have very, very large farmer is not being make the point that if you look at the the opportunity to be successful and to fair in terms of communicating what entire bill, what this limit really does do so well what they do best. this legislation does. in California, a cotton farmer would Mr. SMITH of Michigan. Madam Let me just suggest that you may hit the limit at 355 acres. In Georgia, a Speaker, I yield myself such time as I have heard from some of the big inter- cotton farmer would hit the limit with may consume. national commodity traders or farm 682 acres. So that is a considerable dif- The SPEAKER pro tempore (Ms. groups in opposition to this idea; but ference from the numbers from the HART). The gentleman from Michigan make no mistake about it, they do not CRS that were just put out a few min- has 5 minutes remaining. speak for the majority of farmers and utes ago. Mr. SMITH of Michigan. Madam ranchers in the United States. Here is I also think that we cannot stress Speaker, I would like to correct the how I would back up that statement. enough the fact that this particular gentleman from Arkansas when he Last year, 27 of the Nation’s land motion to instruct and the amendment states that this proposal limits the grant colleges from all of the Nation’s that it supports disenfranchises participation of retired farmers or re- regions came together to poll their women. I have never understood, I still tired farmers’ spouses or widows of re- farmers and ranchers on their opinion do not understand, I do not think I will tired farmers. The Senate proposal pro- of the farm bill. On the issue of farm ever understand, why we would treat vides exemptions. For example, retired payment caps there was enormous con- women differently under a farm bill farmers and widows of farmers can sensus, and that was, nationwide, 81 than we do men. have their labor and management re- percent of the farmers and ranchers I can tell you that until the time quirements met by a relative. If you agreed that farm income support pay- when I came to Washington, D.C., my have additional sons or relatives on the ments should be limited and targeted wife and I were full partners in my farm, if they are actively partici- more to the small farms. family farm. She was every bit as much pating, they are also eligible for the With that, Madam Speaker, I will re- responsible for any degree of success $150,000. serve the balance of my time for a that we had. She worked just as hard I think we should remind everybody comment or reaction from the gen- as I did, and she was not entitled to that up until the last 2 years, the limit tleman from Arkansas. anything. on LDPs and marketing loans was Mr. BERRY. Madam Speaker, I yield Now, this bill corrects that a little $75,000. The year before last, because myself such time as I may consume. bit, makes it so she is entitled to one- prices were so low, we upped that to Madam Speaker, as I have already fifth of what I would be entitled to. But $150,000. We are facing a situation now said repeatedly this afternoon, we al- why would we want to intentionally where when we passed this bill through ready have limits. No one disagrees disenfranchise women and create a sit- the House, unfortunately, in the bill we with that. I guess what we are having uation where the widows in farm coun- passed through the House it was stated a problem agreeing on is what defines a try that were left with a nice farm to that there were limits on commodity small farmer. help take care of them the rest of their loan payments, marketing loan pay- I can tell you that when combines days and have a decent standard of liv- ments. cost $250,000 to farmers, when tractors ing would be disenfranchised to the Technically that is true, but it is not cost anywhere from $100,000 to $250,000, point where they would lose the bene- totally honest, as I pointed out, be- when everything else that we use is in fits that helped them have a decent cause there was a loophole, and the the same price range, it does not make standard of living? I just simply do not loophole was the ability of farmers to understand why we would want to do any difference what a group of people use certificates and forfeitures. that come together and declare that that. So they went and got a non-recourse I would also once again emphasize they think there needs to be a limit ap- loan. They were given the lending that the whole purpose of a farm bill plied to some of these things, it does money. They gave title of that com- and a safety net for our agriculture not matter whether they think there modity to the government. Then, if producers is to ensure that we have they wanted the same benefits as a should be a limit or not. It becomes a adequate production and processing ca- matter of economic reality that we pacity in this country, to be sure that loan deficiency payment or a mar- have to deal with those high prices of we are able to feed ourselves for a rea- keting loan, they simply kept the our production input. It does not mat- sonable portion of our disposable in- money and told the government to ter where that takes place, whether it come. That is an incredibly important keep the commodity. be in the upper Midwest, or in the mid- part of our national security. Moreover, this bill fails to address South, where I come from. Over and over and over again we the use of generic commodity certifi- I would also make the point that the stand on this floor and belabor the cates that I think are so important, numbers that have just been put out point that we have not taken care of and that is why we are suggesting to here are just a part of the story. I do business as far as our energy supply is this body that we look very closely at not think that the $150,000 on loan defi- concerned, and I hear them talk about closing this loophole and not hood- ciency payment has been in question. I overproduction and I hear them talk- winking the individuals and people think it has been in everybody’s bill, ing about big farmers taking advantage that might think there is some kind of and I certainly do not have any prob- and big farmers getting too much. a limit simply because there is a limit lem with it. But, as I said, that is only We are talking about doing some- on part of that price support payment. a small part of the story. thing in a farm bill that would severely Farmers are going broke. We need I would go back to what I said in the damage the most incredibly successful help to the smaller family-sized farms. beginning a few minutes ago. To run production system that has ever ex- When I say smaller family-sized farms, the risk of disqualifying a widow that isted in the history of the world. The maybe it is 1,000, 2,000, 5,000, 10,000 very likely is something over 70 years United States farmer, the American acres; but it is not the 80,000 acres, it is old and disenfranchising her just be- farmer, has done the greatest job of not the 100,000 acres, where land bear- cause she is not physically able any- producing a commodity of any industry ers have these lands, they have ten- more to manage her property and she that has ever existed, and very likely ants, where they can divide up this is not going to be able to take advan- ever will exist; and we are talking money. That is why we have these tage of the estate that her husband about a system that has worked, a sys- press reports of these enormous passed on to her, to run the risk of tem that has served the American peo- amounts of millions of dollars that doing something like that I think is ple so well. In my part of the country some of these farmers and farm oper- shameful; and I think it is terrible that they have a saying, ‘‘If it ain’t broke, ations were receiving, is because of that was put into this bill that way. don’t fix it.’’ Well, this ain’t broke, and that particular loophole. Now, the gentleman from Michigan it does not need to be fixed. Madam Speaker, in closing let me has said that there is no question in his I agree, there should be limits; but say that we often hear that farmers mind that everybody that was involved they should be set at a level where our and ranchers are too independent to

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.092 pfrm02 PsN: H17PT1 H1382 CONGRESSIONAL RECORD — HOUSE April 17, 2002 grams that send out billions of dollars ACRES NEEDED TO RECEIVE $150,000 IN LDP BENEFITS ministration foreign policy consists of to the biggest farm entities? All this BASED ON SEASON AVERAGE PRICES—Continued a successful military victory in Af- does is damage our ability to help peo- ghanistan, in a bipartisan fashion, with Aver- Mar- Hypo- ple we originally intended to help, the age keting Season thetical Acres for the military it inherited from Bill small, average, medium-size farms, and Commodity crop year yield loan ave. LDP $150.000 Clinton, but a series of muddles, mis- (units/ (price price pmt. ($/ in LDPs even now the larger family-size oper- acre) $/unit) ($/unit) unit) (acres) takes, and errors elsewhere. ations. 1998/99 ...... 38.9 5.26 4.93 0.33 11,685 Most recently, we had the adminis- Look back at the intent of our first tration outrageously both incompetent The calculations in this table assume LDPs are made on the difference farm bills. We have never intended to between the marketing loan price and season average price. In practice, and insensitive with regard to demo- subsidize every single acre of every sin- farmers are able to choose the day to receive the LDP. Years where the sea- cratic values with regard to Venezuela. son average price is above the marketing loan price, payments are not ap- gle bushel. We need to move back clos- plicable. Estimated prices are from USDA, World Agricultural Supply and De- There was a coup in Venezuela against er to having the marketplace be part of mand Estimates, April 10, 2002. Forecast prices for 2001/02 are mid-points a president for whom I would not have of forecast price ranges. that decision on how much of what voted and who I would wish would be crop a producer produces. So to say to Senators Grassley and Dorgan want to help voted out of office, but the notion that these giant farm operations that we the family farmers! The fact is, so does the it is okay for America to disregard our are going to subsidize you at a level Senate. In a body that exhibits a lot of par- supposed commitment to democratic that is going to protect however many tisan disagreement, the amendment for pay- ment limitations showed a large bi-partisan values because we do not like the presi- bushels or pounds that you produce of support! Quotes follow: dent who was elected is unfortunate, whatever commodity, then we encour- ‘‘When is enough enough? How long will and it is even worse when it is done in age that additional production. the American public put up with programs such an incompetent fashion. I say one of the effects of this kind of that send out billions of dollars to the big- Our administration was congratu- limitation is to have that big farmer gest farm entities?’’—Senator Charles Grass- lating the victors in this coup long ley (R–IA) think twice and look at the market- after it became clear that the coup had ‘‘Many of the benefits provided through place, look at the demand, and put not become successful. Someone said in some effort into expanding our inter- current ag programs are being funneled to large, non-family agriculture corporations the French revolution that something national markets, expanding our abil- while family farmers are being short- was not just a crime, but was a blun- ity to sell our products in foreign changed. That’s just plain wrong.’’—Senator der. From the standpoint of defending lands. Byron Dorgan (D–ND) democracy, the Bush administration in So I would ask, Madam Speaker, that ‘‘The amendment would remove the loop- Venezuela managed to do both. we support this effort to have some holes that allow a handful of large farmers to receive unlimited payments . . . without I include for the RECORD a very inter- kind of a limit on payments. I am so esting article from the Washington convinced, spending my life in agri- real payment limitation reform, we will con- tinue to weaken the same farmers we claim Post of April 16, entitled ‘‘U.S. Seen as culture and as a farmer, that if we con- we want to help.’’—Senator Chuck Hagel (R– Weak Patron of Latin Democracy,’’ as tinue to have this bad publicity of NE) well as a very good article on the same these huge million-dollar payments, I ‘‘This is a modest amendment. I stress day, April 16, from the New York think we are going to, if you will, jeop- ‘‘modest.’’ . . . there were 98,835 recipients of Times by Paul Krugman. They both ardize the future of farm programs. farm subsidies in Indiana during [1996–2000]. document the extent to which we both This bill also says let us make a There are 6, out of 98,.000, who would be af- fail to defend our values, and even do greater effort in conservation and in fected by this amendment’’—Senator Rich- ard Lugar (R–IN) that in a wholly incompetent fashion. agricultural research that can help all ‘‘I am very pleased that we were able to The articles referred to are as fol- farmers. pass this important payment limitation lows: Madam Speaker, I include the fol- amendment’’—Senator Tom Daschle (D–SD) [From the New York Times, Apr. 16, 2002] lowing for the RECORD. The SPEAKER pro tempore. All time The following table, prepared at your re- has expired. LOSING LATIN AMERICAN quest, shows the number acres it would take Without objection, the previous ques- (By Paul Krugman) to reach $150,000 if LDPs were made based tion is ordered on the motion. upon actual past marketing loan prices and Many people, myself included, would agree There was no objection. ´ season average farm prices. that Hugo Chavez is not the president Ven- The SPEAKER pro tempore. The ezuela needs. He happens, however, to be the ACRES NEEDED TO RECEIVE $150,000 IN LDP BENEFITS question is on the motion to instruct president Venezuela elected—freely, fairly BASED ON SEASON AVERAGE PRICES offered by the gentleman from Michi- and constitutionally. That’s why all the gan (Mr. SMITH). democratic nations of the Western Hemi- sphere, however much they may dislike Mr. Aver- Mar- Season Hypo- Acres for The question was taken; and the age keting ave. thetical $150.000 Cha´ vez, denounced last week’s attempted Commodity crop year yield loan price LDP in LDPs Speaker pro tempore announced that coup against him. (units/ (price ($/unit) pmt. ($/ (acres) the noes appeared to have it. acre) $/unit) unit) All the democratic nations, that is, except Mr. SMITH of Michigan. Madam Wheat (bu): one. 2001/02 Forecast ...... 40.2 $2.58 $2.80 ¥$0.22 na Speaker, on that I demand the yeas Here’s how the BBC put it: ‘‘Far from con- 2000/01 Estimate ...... 42.0 2.58 2.62 ¥0.04 na and nays. 1999/00 ...... 42.7 2.58 2.48 0.10 35,129 demning the ouster of a democratically 1998/99 ...... 43.2 2.58 2.65 ¥0.07 na The yeas and nays were ordered. elected president, U.S. officials blamed the Corn (bu): The SPEAKER pro tempore. Pursu- crisis on Mr. Cha´ vez himself,’’ and they were 2001/02 Forecast ...... 138.2 1.89 1.90 ¥0.01 na 2000/01 Estimate ...... 136.9 1.89 1.85 0.04 27,392 ant to clause 8 of rule XX and the ‘‘clearly pleased with the result’’—even 1999/00 ...... 133.8 1.89 1.82 0.07 16,015 Chair’s prior announcement, further though the new interim government pro- 1998/99 ...... 134.4 1.89 1.94 ¥0.05 na proceedings on this motion will be ceeded to abolish the legislature, the judici- Sorghum (bu): ary and the Constitution. They were presum- 2001/02 Forecast ...... 59.9 1.71 1.85 ¥0.14 na postponed. 2000/01 Estimate ...... 60.9 1.71 1.89 ¥0.18 na ably less pleased when the coup attempt col- 1999/00 ...... 69.7 1.74 1.57 0.17 12,659 f lapsed. The BBC again: ‘‘President Cha´ vez’s 1998/99 ...... 67.3 1.74 1.66 0.08 27,860 comeback has . . . left Washington looking Cotton (bu): BUSH ADMINISTRATION FOREIGN 2001/02 Forecast ...... 706 0.5192 0.3140 0.21 1,035 rather stupid.’’ The national security ad- 2000/01 Estimate ...... 632 0.5192 0.4980 0.02 11,195 POLICY viser, Condoleezza Rice, didn’t help that im- 1999/00 ...... 607 0.5192 0.4500 0.07 3,571 pression when, incredibly, she cautioned the 1998/99 ...... 625 0.5192 0.6020 ¥0.08 na (Mr. FRANK asked and was given restored president to ‘‘respect constitutional Rice (cwt): permission to address the House for 1 2001/02 Forecast ...... 64.29 6.50 4.20 2.30 1,014 processes.’’ 2000/01 Estimate ...... 62.81 6.50 5.61 0.89 2,683 minute and to revise and extend his re- 1999/00 ...... 58.66 6.50 5.93 0.57 4,486 marks and include extraneous mate- Surely the worst thing about this episode 1998/99 ...... 56.63 6.50 8.89 ¥2.39 na is the betrayal of our democratic principles; Soybeans (bu): rial.) ‘‘of the people, by the people, for the people’’ 2001/02 Forecast ...... 39.6 5.26 4.25 1.01 3,750 2000/01 Estimate ...... 39.6 5.26 4.54 0.72 5,261 Mr. FRANK. Mr. Speaker, it is be- isn’t supposed to be followed by the words 1999/00 ...... 36.6 5.26 4.63 0.63 6,505 coming sadly clearer that the Bush ad- ‘‘as long as it suits U.S. interests.’’

VerDate 11-MAY-2000 03:06 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.093 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1383 But even viewed as realpolitik, our benign ‘‘We’ll be guided by the Inter-American tration punted. Last Friday, South Amer- attitude toward Venezuela’s coup was re- Democratic Charter,’’ said State Department ican presidents attending an unrelated meet- markably foolish. spokesman Philip Reeker, referring to the ing in Costa Rica broke off to sign a resolu- It is very much in our interest that Latin Organization of American States’ seven- tion condemning the apparent coup that had America break out of its traditional political month-old agreement to condemn and inves- overthrown Chavez that morning and invok- cycle, in which crude populism alternated tigate the overthrow of any democratically ing the Inter-American Democratic Charter. with military dictatorship. Everything that elected OAS member government and, if nec- As they were composing the document, matters to the U.S.—trade, security drugs, essary, suspend the offender’s membership. White House spokesman Ari Fleischer was you name it—will be better if we have stable But much of the rest of the hemisphere announcing in Washington that Chavez had neighbors. saw the administration’s response to the last provoked the crisis and resigned. ‘‘A transi- But how can such stability be achieved? In five days in Venezuela in a somewhat dif- tional civilian government has been in- the 1990’s there seemed, finally, to be a for- ferent light. In the view of a number of Latin stalled,’’ Fleischer said. ‘‘This government mula; call it the new world order. Economic American governments, they were the ones has promised early elections.’’ There was no reform would end the temptations of popu- who rose to defend democracy, while the mention of the Democratic Charter. lism; political reform would end the risk of United States came limping along only when Most member countries have ambassadors dictatorship. And in the 1990’s, on their own it became clear late Saturday that the Fri- at OAS headquarters here in addition to initiative but with encouragement from the day morning coup against Venezuelan Presi- their envoys to the U.S. government. But United States, most Latin American nations dent Hugo Chavez had only temporarily suc- while the OAS prepared Friday afternoon to did indeed embark on a dramatic process of ceeded. convene an emergency meeting required reform both economic and political. ‘‘The United States handled it badly, as is under the charter, the Bush administration The actual results have been mixed. On the its wont,’’ said a former Mexican official summoned all the hemisphere’s bilateral am- economic side, where hopes were initially with close ties to the government of Presi- bassadors to a State Department briefing. highest, things have not gone too well. There dent Vicente Fox. U.S. policy, he said, is According to several participants, Assistant are no economic miracles in Latin America, ‘‘multilateralism a la carte and democracy a Secretary Otto J. Reich told them the and there have been some notable disasters, la carte.’’ United Sates did not approve of coups and Argentina’s crisis being the latest. The best A senior administration official yesterday had not promoted this one, but that Chavez you can say is that some of the disaster vic- repeated denials of allegations by Chavez had it coming. tims, notably Mexico, seem to have recov- supporters that the United States had en- When the OAS meeting began Saturday ered their balance (with a lot of help, one couraged the coup, although he acknowl- morning, a Caracas businessman was occu- must say, from the Clinton administration) edged that U.S. officials had met with a pying the presidential palace. Roger Noriega, and moved onto a path of steady, but mod- number of Chavez opponents. ‘‘They came the U.S. ambassador to the OAS, took the est, economic growth. here . . . to complain and to inform us and to floor to chastise member states for being less Yet economic disasters have not desta- tell us about the situation,’’ he said. ‘‘We concerned about Chavez’s anti-democratic bilized the region. Mexico’s crisis in 1995, said we can’t tell you to remove a president behavior over the past 24 months than events Brazil’s crisis in 1999, even Argentina’s cur- or not to remove a president . . . we did not of the last 24 hours. rent crisis did not deliver those countries wink, not even wink at anyone.’’ But as the day wore on, Venezuela’s new into the hands either of radicals or of Few Latin American officials appeared to president started taking some anti-demo- strongmen. The reason is that the political believe the United States was involved. cratic actions of his own, dissolving the Na- side has gone better than anyone might have But they expressed a rueful lack of sur- tional Assembly, shutting the Supreme expected. Latin America has become a re- prise at what they saw as the administra- Court and voiding the constitution. Chavez gion of democracies—and these democracies tion’s failure, despite President Bush’s fre- supporters flooded the streets. seem remarkably robust. quent statements on the importance of hemi- So while the U.S. may have hoped for a spheric relations, to publicly oppose it once ‘‘As it started to unravel,’’ a diplomat said, new Latin stability based on vibrant pros- it happened. ‘‘the Untied States became less and less perity, what it actually got was stability de- Instead, diplomats concentrated on what eager to try to lead’’ the debate. spite economic woes, thanks to democracy. the Latin Americans had done themselves, When Sunday morning found Chavez back saying they were pleased that the OAS, a Things could be a lot worse. in power in Caracas, Latin American govern- Which brings us to Venezuela. Mr. Cha´ vez plodding, historically powerless body that ments hailed it as a victory for democracy. is a populist in the traditional mold, and his has long been dominated by Washington, had White House national security adviser policies have been incompetent and erratic. actually managed to convene an emergency Condoleezza Rice told NBC’s ‘‘Meet the Yet he was fairly elected, in a region that meeting on Saturday, adopt a strong resolu- Press’’ viewers that she hoped Chavez had has come to understand the importance of tion condemning both the coup and the vio- learned his lesson. democratic legitimacy. What did the United lence that led up to it—apparently instigated At the Sate Department, Reeker described States hope to gain from his overthrow? by Chavez backers—and dispatch its sec- the Venezuelan situation as ‘‘fluid,’’ and said retary general on a fact-finding mission to True, he has spouted a lot of anti-American the administration was continuing to mon- Venezuela. rhetoric, and been a nuisance to our diplo- itor it. The important thing, he said, ‘‘is the They were pleased that, despite their near- mission of the OAS. We want the OAS and macy. But he is not a serious threat. universal dislike of Chavez, a left-leaning Yet there we were, reminding everyone of the Democratic Charter that countries of the populist who has irritated or worried most of the bad old days when any would-be right- region signed up to play an important role in them, they had defended democratic prin- wing dictator could count on U.S. backing. this process.’’ ciples that have been so often violated in As it happens, we aligned ourselves with a f peculiarly incompetent set of plotters. Mr. many of their own countries. ‘‘It’s an example of how it should work.’’ Cha´ vez has alienated a broad spectrum of his said a diplomat who asked not to be named. DOOLITTLE’S RAIDERS REUNION people; the demonstrations that led to his As recently as Friday, President Bush (Mr. WILSON of South Carolina brief overthrow began with a general strike hailed the Democratic Charter in the White by the country’s unions. But the short-lived asked and was given permission to ad- House’s annual Pan-American Day proclama- dress the House for 1 minute and to re- coup-installed government included rep- tion, calling it an antidote to terror. The resentatives of big business and the charter was approved by the 34 OAS member vise and extend his remarks and in- wealthy—full stop. No wonder the coup col- nations in Lima, Peru, on Sept. 11, the day of cluded extraneous material.) lapsed. the terrorist attacks in New York and Wash- Mr. WILSON of South Carolina. Mr. But even if the coup had succeeded, our be- ington. Secretary of State Colin L. Powell Speaker, this week marks the 60th an- havior would have been very stupid. We had attended the gathering, but had to leave a good thing going—a new hemispheric at- niversary of the famous Tokyo raid early to attend to more pressing matters in mosphere of trust, based on shared demo- conducted by Doolittle’s Raiders, high- Washington. cratic values. How could we so casually lighted by a reunion of this courageous The charter put more teeth in an earlier contingent being held in Columbia, throw it away? OAS democracy declaration signed in Santiago, Chile, in 1991. It was invoked on a South Carolina. General Woody Ran- [From the Washington Post, Apr. 16, 2002] number of occasions by President George dall and hundreds of dedicated volun- U.S. SEEN AS WEAK PATRON OF LATIN H.W. Bush, and by President Bill Clinton, teers have organized a week-long trib- DEMOCRACY when unconstitutional actions threatened ute to our Raider heroes. (By Karen DeYoung) the governments of Peru, Paraguay, Guate- The Raiders were assembled in the The Bush administration said yesterday mala and Ecuador over the last decade. The aftermath of Pearl Harbor, and trained that its policy toward the dizzying events in current Bush administration has referred to at Columbia Army Airfield by the vi- Venezuela had been fully in tune with the the documents as symbols of the democracy sionary General Jimmy Doolittle for rest of the hemisphere, and that it will con- that now prevails in all but one nation in the tinue to work with its Latin American part- hemisphere, Cuba. their courageous service, which was ners to preserve Venezuelan democracy and Yet the first time elected governance was crucial to raise America’s shocked war- justice. interrupted under Bush’s watch, his adminis- time spirits. The raid had profound

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.041 pfrm02 PsN: H17PT1 H1384 CONGRESSIONAL RECORD — HOUSE April 17, 2002 strategic consequences for America’s tainty. If I die tomorrow, that is too bad, but vention Act prohibition of virtual child ultimate victory. I will have done today’s work! pornography was tailored narrowly South Carolina is especially proud of (10) Never be discouraged over anything! enough to pass constitutional muster. native son First Lieutenant William G. Turn failure into success. It is clear that the Act merely extends Farrow of Darlington. Lieutenant f existing prohibitions on child pornog- Darrow was one of eight members of b 1745 raphy to a class of computer-generated Doolittle’s Raiders who were captured pictures that may be easily mistaken by the Japanese. He endured 6 months SPECIAL ORDERS for actual photographs of real children. of brutal torture and deprivation be- The SPEAKER pro tempore (Ms. Yesterday, the court turned its back on fore being executed at age 25. Lieuten- HART). Under the Speaker’s announced its long-standing recognition of the ant Farrow’s ultimate sacrifice will policy of January 3, 2001, and under a government’s compelling interest in never be forgotten, and his influence previous order of the House, the fol- protecting American children. That in- continues with his authorship as a stu- lowing Members will be recognized for terest is promoted by Congress’s efforts dent at the University of South Caro- 5 minutes each. to ban virtual child pornography. Such lina of ‘‘An American Creed for Vic- f images whet the appetites of child mo- tory.’’ lesters who may use the images to se- The SPEAKER pro tempore. Under a As we honor Doolittle’s Raiders for duce young children. previous order of the House, the gen- their courageous sacrifices for our Na- Anger to children who are seduced tleman from Illinois (Mr. LIPINSKI) is tion during World War II, it is my hope and molested with the aid of child sex recognized for 5 minutes. that Lieutenant Farrow’s patriotic pictures is just as great when the child (Mr. LIPINSKI addressed the House. words will inspire all generations of pornographer or child molester uses His remarks will appear hereafter in Americans to serve their country with visuals of child sexual activity pro- the Extensions of Remarks.) pride and honor. duced wholly or in part by electronic The document referred to is as fol- f or computer means, as when molesters lows: SUPREME COURT RULING use images of actual children engaging Farrow’s Creed in sexually explicit conduct. After Raider Lieutenant William Farrow’s THREATENS OUR CHILDREN execution on October 15, 1942, his mother Despite the Supreme Court’s deci- The SPEAKER pro tempore. Under a sion, Congress is not required to, nor found this list in a trunk belonging to him. previous order of the House, the gen- President Franklin D. Roosevelt touted the will it wait, on harm to our children tleman from Florida (Mr. JEFF MILLER) list as an example to the Nation. It was before legislating against it. I echo At- printed in newspapers and church bulletins is recognized for 5 minutes. torney General John Ashcroft’s dis- coast to coast. Mr. JEFF MILLER of Florida. appointment in the ruling and that Madam Speaker, 20 years ago, the Su- MY FUTURE (LATER CALLED ‘‘AN AMERICAN’S child pornographers and pedophiles can CREED FOR VICTORY’’). preme Court recognized the compelling find little refuge in the court’s deci- State and national interest in pro- First, what are my weaknesses? sion. Ensuring enforceability of our (1) Lack of thoroughness and application. tecting American children, declaring American child pornography laws is in- (2) Lack of curiosity. that child pornography is barred from deed a compelling one, and the Child (3) Softness in driving myself. first amendment protection. Since that (4) Lack of constant diligence. Pornography Prevention Act is an im- time, Congress has worked consistently portant tool in fighting child sexual (5) Lack of seriousness of purpose—sober to protect against the exploitation of thought. abuse. (6) Scatter-brained dashing here and there our children, a charge that has become We will continue to fight to ban ex- and not getting anything done—spur-of-the- increasingly difficult in the computer pression which is used by sex abusers moment stuff. age. to act in deviance with children and (7) Letting situations confuse the truth in Yesterday, the court struck down my mind. which desensitizes the offenders them- Congress’s attempt at a legislative selves to the pathology of sexual abuse (8) Lack of self-confidence. crackdown against computer-age child (9) Letting people influence my decisions and exploitation of children. The First too much. I must weigh my decisions—then pornography, calling it a threat to free Amendment does not protect the pan- act. speech. Justice Kennedy’s broad lan- derer. (10) Too much frivolity—not enough seri- guage sends a disturbing message. The ous thought. high court in our land apparently f (11) Lack of clear-cut, decisive thinking. places a higher premium on the expres- Second, what must I do to develop myself? sion of pedophiles than on ensuring the (1) Stay in glowing health—take a good, psychological, emotional, and mental OPPOSING THE ADMINISTRATION’S fast one-hour workout each day. PROPOSED WORK REQUIRE- (2) Search out current, past and future top- health of our country’s children and so- ciety as a whole. MENTS UNDER TANF REAUTHOR- ics on aviation. IZATION (3) Work hard on each day’s lessons—shoot Child pornography is a highly orga- for an ‘‘A.’’ nized, multi-million dollar industry in The SPEAKER pro tempore. Under a (4) Stay close to God—do His will and com- this country, involving the exploi- previous order of the House, the gentle- mandments. He is my friend and protector. tation of thousands of children and woman from California (Ms. WATSON) is Believe in Him—trust in His ways—not in youth in the production and distribu- recognized for 5 minutes. my own confused understanding of the uni- verse. tion of pornographic materials. In 1996, Ms. WATSON of California. Madam (5) Do not waste energy or time in fruitless Congress addressed the mushroom ef- Speaker, I rise to strongly oppose the pursuits—learn to act from honest funda- fect of high-tech kiddie porn by passing President and Republican leadership mental motives—simplicity in life leads to the Child Pornography Prevention Act. proposals for TANF reauthorization. the fullest living. Order my life—in order, The law broadened the scope of the def- On February 26, the administration an- there is achievement, in aimlessness, there inition of child pornography to include nounced an agenda for welfare reform is retrogression. computer-generated issues. Computers to strengthen families and help more (6) Fear nothing—be it insanity, sickness, failure—always be upright—look the world are increasingly being used to alter in- recipients work towards independence in the eye. nocent pictures of children to create and self reliance. In keeping with the (7) Keep my mind always clean—allow no visuals of those children engaging in principles outlined by President Bush, evil thoughts to destroy me. My mind is my sexual conduct. This type of child por- the gentleman from California (Mr. very own, to think and use just as I do my nography invades the child’s privacy HERGER), chairman of the Sub- arms. It was given to me by the Creator to and reputational interests. Images that committee on Human Resources of the use as I see fit, but to think wrong is to do are created showing a child’s face on a Committee on Ways and Means, intro- wrong! (8) Concentrate! Choose the task to be body engaging in sexually explicit con- duced H.R. 4090, the Personal Responsi- done, and do it to the best of my ability. duct can haunt the minor for years. bility, Work, and Family Promotion (9) Fear not for the future—build on each As articulated by the court’s dis- Act of 2002 on April 9. On that same day as though the future for me is a cer- senters, The Child Pornography Pre- day, the gentleman from California

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.096 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1385 (Mr. MCKEON), chairman of the Sub- number of families needing child care and I believe it is important that we committee on 21st Century competi- or transportation in order to work. By stand with them. tiveness of the Committee on Edu- demanding increased work require- One of the debates when I have been cation and the Workforce, introduced ments and an acceleration in the num- in the Middle East is whether or not H.R. 4092, the Working Towards Inde- ber of families in specified work activi- Israel has displaced the Palestinians. pendence Act. ties, the demands for child care and Any student of history, even somebody Let it be known, Madam Speaker, transportation will only increase. Flat who has not focused on history, real- none of these proposals will strengthen level funding will not suffice. izes that there has been a conflict, ba- families, move families towards self re- The need, in closing, for child care sically, an eternal conflict over who liance and independence, or reduce pov- has increased by 21 percent over the was where. But when the Jews were erty. To the contrary, the proposed past few years. dispersed around the world and others changes to welfare will erode the suc- Madam Speaker, we need to relook at moved in does not mean that when the cesses of the past and severely limit these proposals, for they simply do not Nation of Israel was created in 1948, the States’ flexibility. add up. that suddenly the people who were dis- The Republican bills, while largely placed at that point had any more of a f legitimate claim, even in a secular similar in most respects, promote in- The SPEAKER pro tempore. Under a creased work requirements, introduce way, than the people who were moved previous order of the House, the gentle- out and dispersed before that. an acceleration in the number of fami- woman from the District of Columbia lies in specified work activities, and It is important that we recognize (Ms. NORTON) is recognized for 5 min- devote $300 million a year to marriage that that is an independent state of utes. Israel. When we met with Dr. Arakat and family formation. The problem (Ms. NORTON addressed the House. and the Palestinians in Jericho, Dr. with these proposals is that States are Her remarks will appear hereafter in Arakat was promoting that they need- expected to make sweeping changes to the Extensions of Remarks.) ed a contiguous state, a Palestinian their programs and move more welfare f state. Part of the argument that I had recipients into work with the current was why should we trust you when you level of funding. Flat level funding will The SPEAKER pro tempore. Under a previous order of the House, the gen- still have it in your Constitution that erode the States’ ability to provide Israel does not have the right to exist. services such as child care, transpor- tleman from Pennsylvania (Mr. WELDON) is recognized for 5 minutes. Conflict erupted, verbal conflict in the tation, vocational training, skills, and meeting, because he said that that was barrier assessments, all of the impor- (Mr. WELDON of Pennsylvania ad- dressed the House. His remarks will ap- not politically possible. But why tant ingredients of work promotion, should Israel trust the words of the poverty reduction, and self-sufficiency. pear hereafter in the Extensions of Re- marks.) Palestinian Authority if they do not Recent analyses have indicated that grant their right to exist? these proposals will cost the States $15 f Part of the problem is, as we have billion over the next 5 years. Any plan UNITED STATES SHOULD STAND seen multiple times there, when we must avoid imposing unfunded costs WITH ISRAEL pushed and western powers pushed upon the States that could lead them, Israel to back off the Golan Heights, shift resources away from low-income The SPEAKER pro tempore. Under a people can look right down on Israeli working families in order to finance previous order of the House, the gen- citizens and shoot down on them that new requirements. tleman from Indiana (Mr. SOUDER) is the reason that they cannot have a Furthermore, 41 governors from the recognized for 5 minutes. contiguous state is that there is not States, both Republican and Demo- Mr. SOUDER. Mr. Speaker, I rise much water in that area. cratic, have voiced their concerns today in support of our friend and ally, b 1800 about the fundamental changes pro- Israel, for celebrating the 54th Inde- posed in these bills. A new 40-hour pendence Day for the State of Israel. It The reason they cannot have a con- work requirement would be an enor- is important at this time that we stand tiguous state is there is not much mous burden on the States, and the with our friend and ally, Israel. water in that area. They have water new rules would be far too rigid. These There is a famous story that Davy pipes going through. If those things are proposals decrease State flexibility, Crockett told. It is in the book ‘‘Three controlled by people committed to one of the champion successes of the Roads to the Alamo.’’ Davy Crockett their destruction, they cannot exist as past legislation that enabled States to got into an argument and then there a state. Furthermore, we have a longtime move families off of welfare. was a brawl afterwards. One of his In addition to these concerns, the 40- friends did not help him out and Davy moral and secular argument about whose capital Jerusalem is. It is a hour work week is counterproductive Crockett got kind of beaten up in the shrine to many nations. We have some and makes no sense, given the rules brawl. He asked his friend afterwards, conflicts that are not easily reconciled. and limited flexibility. If TANF par- how come you did not help me? His Israel, unless they have the flexibility ticipants work off their benefits in a friend said, well, it was really con- to take out the terrorists, will not work fair or community service job, troversial and it was kind of a difficult decision, and I was not sure if I wanted exist as an independent state. So we and if their job is valued or paid at can commemorate the independence of to back you up. He said, hey, you do State minimum wage rates, these indi- Israel, but unless they can make sure not need friends when everybody is in viduals would earn their benefit in they have a water supply that comes, agreement with you. You do not need fewer hours than the required 24 hours. unless they make sure people are not friends when everybody thinks what Let me give my colleagues an exam- shooting down on them from the ple. In California, my constituents you are doing is wonderful. You need heights, people who can hide in ter- would work off their benefits in just friends when you are in a fight and rorist camps, they cannot exist and 19.3 hours in a work fair or community there is a question over the principles. have an independent state. service job. These individuals would We are not the government of Israel. Furthermore, we have a lot of whin- then face noncompliance and sanc- It is a difficult time for Israel. They ing about how Israel treats the Pal- tions. This is true in 26 other States as made some decisions to go after terror- estinians. It is tough. Quite frankly, I well. If, on the other hand, a welfare ists that were attacking their right to might handle some of these things recipient finds an unsubsidized job at a exist, just like we have gone after ter- slightly differently. But we know this minimum wage, they would earn too rorists that are attacking our right to for a fact, Palestinians can become much money to qualify for the benefits exist. Whether or not I would have citizens in Israel. They can vote in and would move into a class of the done the completely same methods Israel, in the Israeli elections. They working poor. The proposals really do that Israel has used, I do not know. I can own property in Israel. not add up. think so, but I am not the leader of But when we go to the Arab countries In addition to this dilemma, the pro- Israel. Ariel Sharon is the Prime Min- around Israel, they treat the Palestin- posals do not account for the large ister of Israel and the leader of Israel, ians like dirt. They cannot own land.

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.100 pfrm02 PsN: H17PT1 H1386 CONGRESSIONAL RECORD — HOUSE April 17, 2002 They cannot vote. They are a homeless THE IMPORTANCE OF SOCIAL SE- longer than men and having to stretch people. They only want to put the Pal- CURITY TO ALL AMERICANS, their retirement savings over a longer estinians in the Israeli territory, but AND ESPECIALLY TO WOMEN period of time. Furthermore, Madam they will not give any flexibility to The SPEAKER pro tempore. Under Speaker, women lose an average of 14 these poor people in their countries. the Speaker’s announced policy of Jan- years of earnings due to time out from Why is it totally Israel’s burden to give uary 3, 2001, the gentlewoman from the work force. We recognize what that up their land to make themselves un- California (Ms. MILLENDER-MCDONALD) is: from raising children to taking care safe because Jordan, Kuwait, Bahrain, is recognized for 60 minutes as the des- of ailing parents. In most cases, a lot of Saudi Arabia, and Syria do not want ignee of the minority leader. women have to take care of sick hus- the Palestinians in their country? Ms. MILLENDER-MCDONALD. bands. These borders have been fungible for Madam Speaker, tonight many of the So because women generally experi- thousands of years. To argue that the Democratic women come to the floor ence a higher incidence of part-time Palestinians’ border should be pre- to speak on issues that were raised dur- employment, many of them have less cisely right here, the Arab countries ing the recess when we visited with the of an opportunity to save for retire- need to show some real concern; not women members and women constitu- ment, thus relying completely on So- just lip service on what Israel’s obliga- ents in our districts. cial Security to subsist. tion is to the Palestinians, but what Because I represent the caucus chair There are also some startling eco- their own obligations are to help these on the Democratic side, I have been nomic realities that Americans need to poor homeless people. asked to speak at a lot of organizations be informed about relative to The big conflicts in the Middle East to talk about where we are going in privatizing Social Security. Privatiza- are not going to be between Israel and terms of Social Security. Madam tion would result in a drawdown of the Palestinians. There are other con- Speaker, tonight we will try to see over $1.2 trillion from the Social Secu- flicts far broader with bigger countries. whether we can find some sense of rity and Medicare trust funds over the Israel clearly needs to come to peace where Social Security is going, and in next 10 years to finance individual ac- with their Palestinian neighbors. They fact speak about the vital importance counts, thereby increasing the long- have much more, and long-term, in of Social Security to all Americans, term deficit of Social Security by 25 common than they do with Iran and but especially women and minorities percent. Iraq, and other greater sources of con- and persons who suffer from disability. Furthermore, privatization efforts flict in that region. At the present time, it is a lightning will not restore long-term solvency to But ultimately, Israel must have the rod here in the House, and it incites the trust fund, and will result in re- right to exist. People have to be able to strong responses. That is what the duced benefits for women, the elderly, go to a bar mitzvah, to a pizza place, to women across this Nation are asking. and minorities who benefit from the move around in a shopping center, to We recognize that the administration progressive structure of the Social Se- go to the synagogue, without being in and the majority here in this House curity system. In fact, Madam Speak- fear of being terrorized and blown up. have proposed to privatize Social Secu- er, one plan put forward by the Presi- They have to be able to live in their rity, which has created a firestorm of dent’s Commission on Social Security houses without people shooting down controversy. This proposal, if enacted, would reduce benefits to all recipients on them from the mountains, or from would create the possibility of individ- by 46 percent. Benefits for future retir- planes overhead. uals to invest in the stock market ees would be tied to growth in prices, It is important on this Independence through personal accounts. rather than wages. Now, women whom I have spoken Day that we show courage and stand Now, under this scenario, retirees with certainly say that this will not with our friend and ally, Israel, as they would not be able to maintain the benefit them at all, and they believe stood with us. standard of living in retirement that that a proposal such as this is a bad f they earn during their working years. idea, and reckless public policy. The SPEAKER pro tempore (Mrs. So the Democratic women have grave The combined effort of the proposed HART). Under a previous order of the concerns about the implications of changes would mean benefit cuts of 30 House, the gentleman from New Jersey privatizing Social Security for the fol- percent for a worker retiring in 2075. (Mr. PALLONE) is recognized for 5 min- lowing reasons: Women constitute the A very important fact, Madam utes. majority of Social Security bene- Speaker, that is not being touted by (Mr. PALLONE addressed the House. ficiaries, equalling approximately 60 advocates of privatization is that al- His remarks will appear hereafter in percent of the recipients over the age though investing in individual ac- the Extensions of Remarks.) of 65. Roughly 72 percent of bene- counts is voluntary, benefit cuts would f ficiaries above the age of 85 are women. apply to everyone. Current reality The SPEAKER pro tempore. Under a So as a matter of necessity, 27 percent makes it abundantly clear that it is previous order of the House, the gen- of women over 65 count on Social Secu- foolheaded to trust a universal defined benefit and totally portable system to tleman from Maine (Mr. ALLEN) is rec- rity for 90 percent of their income. ognized for 5 minutes. These are reasons why they cannot see the variances of the stock market. (Mr. ALLEN addressed the House. His anything that will drive funding from a If we want a glimpse of the future, we remarks will appear hereafter in the pot that they perceive will give them need to look no further than the Enron Extensions of Remarks.) the benefits that they sorely need in situation to get a glimpse of what the event of the death of their hus- might loom on the horizon if we allow f Social Security to be privatized. The SPEAKER pro tempore. Under a bands. Privatization of Social Security will As Democrats, we believe in sup- previous order of the House, the gentle- be devastating because women earn porting and protecting the interests of woman from Ohio (Ms. KAPTUR) is rec- less than men, and they count upon So- all American workers. Therefore, we ognized for 5 minutes. cial Security’s progressive benefit cannot and must not allow privatiza- (Ms. KAPTUR addressed the House. structure to ensure that they have an tion to become a reality. We are duty- Her remarks will appear hereafter in adequate income upon retirement. bound to preserve Social Security into the Extensions of Remarks.) Women are also less likely to be cov- the future. Privatizing Social Security f ered by an employer-sponsored pension and raiding its trust fund would be un- The SPEAKER pro tempore. Under a plan. Hence, Social Security makes up fair and irresponsible. previous order of the House, the gen- a larger portion of their retirement in- As leaders of this House and as tleman from California (Mr. LANTOS) is come, and in many instances, it is women representatives of constituents recognized for 5 minutes. their only source of income. who have so much at stake regarding (Mr. LANTOS address the House. His So in the context of Social Security, Social Security, we are compelled to remarks will appear hereafter in the women are also affected by other fac- tell Americans the truth about pro- Extensions of Remarks.) tors, which include living 6 to 8 years posals to privatize Social Security.

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.104 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1387 My colleagues and I will be vigilant and older get at least half their income not invest Social Security dollars in in our efforts to raise national aware- from Social Security. For one-third of the stock market. He also stated that ness about the crisis our Nation will these women, Social Security makes the Social Security payroll taxes must face if we adopt a policy of privatizing up 90 percent or more of their income. not be increased. However, the Presi- Social Security. The women around the Women live longer than men. We all dent wants people to be able to use a country are watching very closely to know that women live longer than portion of their payroll taxes for in- see what this House does with ref- men, approximately 7 years longer, so vesting in stocks. erence to benefits of Social Security fully 72 percent of Social Security re- So what happened? The Commission and putting them into, whether it is cipients over 85 are women, and on av- recommended three options for reform- voluntary or mandatory, privatizing erage, women over age 85 rely on Social ing Social Security. What they had all accounts. They recognize that this Security, again, for 90 percent of their in common was all three options di- trust fund was set there for the purpose income. verted at least some percentage of pay- of making sure that their retirement Traditional Social Security con- roll tax to private accounts. benefits be given to them, and to allow tinues to pay benefits as long as the Listen to these numbers. Diverting them to do what they want to do with beneficiary is alive. However, in talk- as little as 2 percent of payroll taxes to it. ing about private accounts, women risk private accounts, which the Commis- We can ill afford to speak on behalf exhausting their savings in their most sion recommended as much as 4 per- of the women of this country, and cer- vulnerable years because they are not cent, would result in a loss to the trust tainly can ill afford to take their lifelong. fund, the Social Security trust fund, of money that they have put in for their Women take time out of the work $1.1 trillion over 10 years. Diverting benefits and to even suggest that there force to care for children and elderly just 1 percent, well, does not take be individual accounts through a parents. This is a big issue for families. much to figure out, would result in a privatized type of system. This is not just about women at this loss of $558 billion over 10 years. What we need to remember here is Madam Speaker, we all know that point, it is about families, because in that that money is already designated women are hamstrung in trying to find fact we take that time out of our work to pay for benefits for future retirees. the benefits and the financial where- life to care for what we have been One option in the Commission’s work withal to support themselves upon re- asked to do, which is our children and said, and the Wall Street Journal wrote tirement. To even suggest the privat- our elderly parents. this, benefit options would be changed ization of any types of trust funds of So, because of that, we rely more in so many ways that grandma’s head Social Security and Medicare would be heavily on our husband’s Social Secu- would spin. devastating to women of this country. rity benefits. Over 60 percent of women The President’s guidelines leave us We will continue to keep them posted, on Social Security receive spousal ben- only one option for supporters of as they will continue to watch us in efits, while only 1 percent of men re- privatizing Social Security, cut sen- this House as we move into the realms ceive such benefits. So, again, listen to ior’s Social Security benefits. Today, of reforming Social Security. this: Over 60 percent of the women on again, in this very same article that I I am happy tonight to be joined by Social Security receive spousal bene- talked about earlier where there are women of this House on the Demo- fits, with only 1 percent of men receiv- new polls in focus, we have to promise cratic side who will speak tonight on ing that same benefit. not to raise the retirement age and this issue, and to raise the awareness b 1815 pledge not to touch the benefits of cur- of what is at stake if in fact the trust So it is important to preserve the rent and soon to be retirement. Guess fund is raided and the Social Security what? In what we have been talking funding is put into any privatization traditional Social Security for women. Unlike private accounts, Social Secu- about and what has been the options, account. the fact of the matter is that is the one We have with us the gentlewoman rity is automatically adjusted for in- flation, and for women who live longer way we could do it. from Florida (Mrs. THURMAN), who is a So, one, we have to dip into the trust lives, private accounts run the risk of point person and the expert on Social fund or we have to cut senior Social being worth less due to inflation or de- Security. She comes with a wealth of Security benefits. Why in the face of a knowledge, and is the leader, with all valued accounts. recession and the impending retire- of us, on the issue of Social Security. Let us talk a little bit about privat- ment of baby boomers would we be tak- Madam Speaker, I yield to the gen- ization. Seems to be what everybody is ing the money to be paid to future re- tlewoman from Florida (Mrs. THUR- running from now. There was some- tirees and gamble on it? With lower MAN). thing in the newspapers today that ac- economic projections and money going The SPEAKER pro tempore. The tually talked about that, and I only to support other important efforts, it Chair will reallocate the balance of the bring this up because I think it is im- becomes even more important to op- time, approximately 50 minutes, to the portant that, there are new polls out pose the privatization of Social Secu- gentlewoman from Florida (Mrs. THUR- and focuses that are designed to pre- rity. MAN). pare for an election year and they are Currently, Social Security, as I said, Mrs. THURMAN. Madam Speaker, I saying you cannot attack, you cannot helps women. It helps minorities and it thank the gentlewoman for those won- talk about privatization. So people are helps the disabled. It would be impos- derful remarks, but most of all, I think running from that. sible to protect disability and survivor that we appreciate her leadership on The fact of the matter is it has been benefits for these groups in a private women’s issues, and bringing us here a key cornerstone in many of the dis- account system. Benefits for spouses together tonight to talk about these cussions that have gone on up here, to and children could not be protected in important issues. the point that there was a commission, such a system. Madam Speaker, I know the gentle- a presidential commission, and it was So I would also say to my colleagues woman from California talked already stacked in the favor of those people that there are women across this coun- about some of the statistics, but I have who believed in privatizing. try, and us in this Congress, who have to say that the thing that we most I have to say, after what we have gathered to do these special order need to remember is that Social Secu- seen with the economy over the past speeches, are not only women against rity is so important, and why is it im- year, we do not want our seniors to the privatization proposal, but quite portant. So repeating these statistics I have to rely on an unstable market for frankly, there is a letter that was put think is probably good for all of us to their retirement. With privatization, out April 9 of 2002 by a group of women, continue to keep in our minds why we the potential is too great for retire- 150 women’s organizations signed a let- will fight so hard to keep this safety ment savings to vanish in a weak econ- ter to Congress against the three pri- net. omy. vatization options earlier this month, Remember that women rely more on The President, in his guidelines for and this was put together by the Na- Social Security income than men. the Social Security Commission, stat- tional Council of Women’s Organiza- About two-thirds of all the women 65 ed that any proposal they create must tions.

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.110 pfrm02 PsN: H17PT1 H1388 CONGRESSIONAL RECORD — HOUSE April 17, 2002 Tomorrow, we are going to be doing Americans depend on the fact that So- larly my friends on the opposite side of or trying to make tax cuts permanent. cial Security will be there for them in the aisle, to get real about Social Secu- Well, I would just want to say that we retirement. rity and let us talk about how can we should not be spending Social Security The poverty rate for Americans age make tax cuts permanent and stop this on anything other than Social Secu- 65 and older is 1.2 percent. The poverty drain, and at the same time, preserve rity. This is something that almost rate for elderly women is almost 12 per- Social Security. It cannot be done and every Member of Congress, Democrats cent, nearly double that of men. While I think we need to face up to it. Now is and Republicans, agreed to do last year this number is tragic, it could be the time to do it. by overwhelmingly passing the lock worse. Without Social Security, over Again, we must share with the Amer- box for Social Security and Medicare. half of all women aged 65 and older ican public that Social Security is not Unfortunately, the Social Security could be poor. According to the Na- guaranteed if we continue down the trust fund would lose two-thirds of its tional Women’s Law Center, the aver- road that we are going. As a matter of surpluses under President Bush’s budg- age monthly benefit for a widow is $775. fact, it will put many, many people in et, and the Congressional Budget Office For about two-thirds of women, this is this country in great jeopardy. projects that $740 billion of this money half of their monthly income. For near- Ms. JACKSON-LEE of Texas. Madam would be used to fund things other ly half of women 85 years of age and Speaker, I join with my colleagues to empha- than the Social Security benefit, such older, it is 90 percent of their income. size that Social Security must be preserved, as what we are going to be talking The reality is that of all the people and not privatized, for the sake of women and about tomorrow, which is the tax cuts. that Social Security lifts out of pov- children. The nonpartisan Center on Budget erty, three-fifths are women. Social Se- Social Security in America’s most com- and Policy Priorities, and I thought curity is an extremely important pro- prehensive and important family protection this was an interesting piece of infor- gram. On average, women live 5 to 7 system. It provides not just retired worker ben- mation and certainly something to years longer than men. In addition, be- efits, but also important benefits for elderly think about, estimates that the size of cause women are more likely to stay and surviving spouses as well as for disabled the tax cut is more than twice as large home while raising children, they work workers and their dependents and the young as the Social Security financing gap. less than men and often have smaller surviving children of workers who die before So we could be fixing Social Security pensions and other retirement savings retirement. Several months ago, the President’s Com- by using these resources instead of to help them through their twilight mission on Social Security’s final report failed doing what will probably pass the years. Social Security allows these women to advance the cause of Social Security re- House tomorrow. to live in a secure and comfortable re- form. Of three plans put forward by the Com- I would just say I think we need to tirement. However, Social Security is mission, not one achieves the goal to ‘‘restore make sure that our seniors continue to on shaky grounds. By 2017, Social Secu- fiscal soundness’’ set out by the President by remain secure in their retirement. rity will begin to pay out more than it closing the gap in the program’s solvency over Women who live longer and take more takes in. The program will continue its the next 75 years. time off from work to care for loved important role for another 24 years Each of the proposals put forward by the ones would be hurt by the President’s after that, until 2041, before it becomes Commission require specific, massive cuts in privatization proposals. completely empty. Then recipients will defined benefits—even for those who do not In summary, I have to say the privat- only be able to receive 72 percent of opt for the voluntary accounts. The Commis- ization of Social Security cannot be ig- their promised benefits or will be sub- sion should consider ways to encourage work- nored as an issue of great national con- ject to either a tax increase or delay of ers to invest and save more. Unfortunately, cern. The effect privatization would the retirement age. this Commission was limited only to the option have on women and seniors in general Despite the obvious importance to of investment accounts to be carved-out of the is alarming. Reducing Social Security women, the Bush administration and revenue currently earmarked for defined bene- benefits for women who typically rely the Republican leadership have shown fits. more heavily on Social Security than they have no plan to preserve Social Although Social Security is gender neutral, it men is not the way to go. Security. In fact, over the next 10 years matters more for women for four reasons: Mr. Speaker, I will be leaving, but I the Republican budget spends nearly First, women live longer than men. In 2000, would like to turn the additional part all of the Social Security surplus, com- a 65-year old woman was expected to live an of this hour over to the gentlewoman pletely throwing away any opportunity additional 19 years, almost four times more from California (Ms. WATERS). to strengthen the program. that a man of the same age. A longer life ex- The SPEAKER pro tempore (Mr. Despite voting six times to preserve pectancy translates into a greater need for re- BROWN of South Carolina). The Chair the Social Security surplus, the Repub- tirement resources and more secure sources will reallocate the balance of the time, lican budget will spend 86 percent of of income. Social Security provides guaran- approximately 40 minutes, to the gen- those funds. In January 2001, the Fed- teed life benefits and full annual cost-of-living tlewoman from California (Ms. WA- eral Government was expecting a So- adjustments. TERS). cial Security surplus of over $3 trillion, Second, women spend fewer hour and Ms. WATERS. Mr. Speaker, I rise to- but today, we are operating on a $1.6 fewer years in the paid workforce than men. night to highlight the importance of trillion deficit, a reversal of over $4.5 Although the percentage of women ages 25 to Social Security. Social Security is im- trillion. 65 participating in the labor forced increased portant to millions of people, but it is The Republican party can no longer sharply, women’s workforce experiences still particularly important to women and I be called the party of fiscal discipline. differ from men. Women, on the average, ac- think that it is so very, very important It is obvious that we need an open dis- cumulate fewer hours of paid employment that we as women in the Congress of cussion on the best way that we can re- than men over their lifetimes because they are the United States pay very special at- turn Social Security to firm financial more likely to hold part-time jobs or more like- tention to what is happening to Social standing. ly to be ‘‘contingent’’ workers. Social Security Security. Lately, the debate has been hidden provides vital protections such as spousal I would like to thank my colleague by smoke, mirrors and budget gim- benefits, exspouse benefits and full benefits the gentlewoman from California (Ms. micks. We cannot protect our seniors if calculated using only a 35-year work history. MILLENDER-MCDONALD) for organizing we resort to these budget games. Far Third, women are paid less than men. Ac- this hour for us to talk about Social too many individuals, men and women, cording to the U.S. Census Bureau, women Security. It is very important that we black, white and Hispanic, depend on it earn 72 cents for every dollar that men earn. talk about it, and particularly because to allow them to retire in relative com- The situation is even worse for women of we will have a vote tomorrow to make fort. color. Half of all year-round, full-time African— the tax cuts permanent. The longer we put this off, the more American women workers earn less than We take Social Security for granted. severe the problem and the more dif- $25,142 per year, and the median for Latinas Many people think, well, it has been ficult it will be to fix. was $20,052. there for a long time and it will always So I urge my colleagues, both Demo- Women are concentrated in low-paying jobs. be there, and most people know that crat and Republican alike, but particu- Roughly 62% of women workers earn less

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00048 Fmt 4634 Sfmt 9920 E:\CR\FM\K17AP7.112 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1389 than $25,000/year, compared with less than cent months within the area of Israel the European community is collec- 42% of men who work. Social Security pro- and Palestine and the tremendous con- tively too dependent on Middle Eastern vides progressive benefits that replace a high- flicts, and in particular, the very, very crude. I believe we in the United States er portion of preretirement income for low-in- difficult situation of the suicide bomb- could end up in the same way in the come workers. ers who are blowing themselves up in next 10 to 20 years; and, therefore, I be- Fourth, women are more likely to be wid- cafes and restaurants and killing inno- lieve we need to develop these alter- owed than men. Longer life expectancy, com- cent men, women and children, in native energy sources, and we need bined with the fact that women, on average, many instances, leaving often dozens of more conservation. This should be a marry older men, means that most women die people severely maimed and deformed. long-term project over the next 5 to 10 unmarried. More than one-half of women ages What is particularly disturbing is to years where we employ every tool 65 and older are unmarried. Three-fourths of read news reports that one of our sup- available to us so we are no longer im- unmarried Americans ages 65 and older are posed allies in the region, Saudi Ara- porting oil. women. And four in five nonmarried older bia, has actually been paying the fami- Not only do I believe this would be women are widowed. Social Security is the lies of these suicide bombers, essen- good for our foreign policy positions, I one source of retirement income that guaran- tially aiding and abetting the commis- believe it would be good for peace tees benefits to widows. The elderly survivor sion of these horrific acts of violence throughout the world. I think it would program is especially important to women. against innocent civilians by these sui- be good for peace in the Middle East; We cannot jeopardize the solvency of Social cide bombers. and certainly it would be good for our domestic economy, our balance of pay- Security because a strong Social Security is b 1830 critical for older women. Today, 60 percent of ments. I implore the House of Rep- all Social Security recipients are women. Of Mr. Speaker, the situation that ex- resentatives, particularly those who recipients over age 85, nearly three-quarters ists today is that the United States is serve on the Committee on Science and are women. These women rely on Social Se- dependent on foreign oil for about 50 Technology, those who serve on the curity for nearly 90 percent of their income. percent of our energy requirements. I Committee on Energy and Commerce, Without Social Security, over half of elderly believe for us as a Nation that is an in- the Committee on Appropriations, to women would be poor. If elderly women can- tolerable situation and that we need to collectively come together in the not rely on Social Security when they retire, take stock of this. weeks and months ahead and develop a they will need greater financial assistance The President put forward a very cogent solution to deal with this press- from their middle-aged children. positive proposal to open up for drilling ing problem. For elderly people of color and women, the the Arctic National Wildlife Refuge f challenges confronting the Social Security sys- and pursue a host of additional reforms WELFARE REFORM tem are cause for alarm, because elderly Afri- that we passed out of this House and the other body is taking up, and I ap- The SPEAKER pro tempore (Mr. can-American and Hispanics rely on Social BROWN of South Carolina). Under the Security benefits more then elderly Whites. plaud the other body for finally getting to the issue. I believe we need a more Speaker’s announced policy of January According to the National Committee to Pre- 3, 2001, the gentleman from South serve Social Security and Medicare, from aggressive proposal to reduce our de- pendence on foreign oil, specifically Carolina (Mr. WILSON) is recognized for 1994–1998 African-Americans and Hispanics 60 minutes as the designee of the ma- and their spouses relied on Social Security for Middle Eastern oil over the next 10 to 15 years. What I put forward is that we jority leader. 44 percent of their income while elderly Mr. WILSON of South Carolina. Mr. begin an aggressive program using Whites received 37 percent of total income Speaker, over the next couple of weeks every tool that we have available in from Social Security. And, 43 percent of elder- we will have a very rewarding experi- our research and development budgets, ly women received their income from Social ence explaining to the American people in our Tax Code, to do things to make Security during the period 1994–1998. This the success of welfare reform by the electric vehicles more attractive for fact is important because on average, Social law that was passed in 1996, but also we people to purchase, to develop alter- Security payments replace 54 percent of wom- will have an excellent opportunity to en’s lifetime earnings in relation to men, cou- native energy sources. show how rewarding the reauthoriza- We have a tremendous potential with pled with the fact that women tend to live tion will be as proposed by President longer than men, which results in us receiving wind energy, with solar energy. Indeed, Bush. more benefits for a longer period of time. I sit on the Committee on Science and I am a newcomer myself to Congress. Today, Social Security works in ways that Technology, and we have held hearings I was sworn in 17 weeks ago today after are important to women because of their dif- on the concept of space-based solar a special election on December 18. This ferent life experiences. The administration’s power, energy that can be collected by follows 17 years that I had the privilege proposals threaten the guarantees that make satellites from space and beamed to to serve in the State Senate of South the current Social Security system so bene- the Earth, energy that can be collected Carolina. I am honored to be on the ficial for women. We must work together to from the surface of the Moon and Welfare Reform Task Force. I was ap- protect the future of women and children. beamed to the Earth. pointed by the majority whip, the gen- Ms. WATERS. Mr. Speaker, I yield The potential for fusion energy is an- tleman from Texas (Mr. DELAY). I am back the balance of my time. other great area where we should be in- on the task force to study and promote f vesting more. We in the United States welfare reform. It is a particular honor need to embark in the months, weeks, for me because there are only two ENERGY INDEPENDENCE FOR THE years ahead on an aggressive proposal freshmen on the task force, myself and UNITED STATES to reduce our dependence on foreign oil the gentlewoman from Pennsylvania The SPEAKER pro tempore. Under a and specifically Middle Eastern oil. I (Ms. HART). I am certainly with a qual- previous order of the House, the gen- believe many of our so-called allies in ity crew serving on that task force. tleman from Florida (Mr. WELDON) is the Middle East are not allies at all. My education in the area of social recognized for 5 minutes. They are working directly contrary to services, I give credit to my wife, Rox- Mr. WELDON of Florida. Mr. Speak- the interests of the United States and, anne. She served for 14 years on the er, I rise today to talk about the im- really, democratic nations all over the welfare board in our county, the De- portant issue of energy independence world. We should be about the business partment of Social Services in Lex- for the United States. of moving any dependence we may have ington County; and in that capacity I We have seen very clearly since the on those nations; and the best way to learned first hand of the great work of developments of 9/11 that we have sig- secure that for our future and the fu- professional social workers working nificant foreign policy complications ture of our children is to develop these with persons who needed financial as- emerging from the development of alternative energy sources so that we sistance, the problems of elder care and Muslim fundamentalists, extremist vi- as a culture and society can deal with foster care, child care; and I learned olence in the Middle East, and of those countries on a more even basis. firsthand that we have got the best course, we have seen the tremendous It is very obvious to me when we people working to promote services to tensions that have been raised in re- look at what is going on in Europe that the people of our country.

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.047 pfrm02 PsN: H17PT1 H1390 CONGRESSIONAL RECORD — HOUSE April 17, 2002 Additionally, I have a legislative on this. He is newly elected to the Stephanie Paige entered the welfare background in the State Senate of House, and he is doing an outstanding transition program in April of 2001 South Carolina, and it is very similar job of bringing attention to this very with several barriers to self-suffi- to what is going on here in Wash- important issue. I first came to this ciency. She was a 20-year-old single ington, D.C. Back in 1995, I was hon- body in 1994. At that time what I had mother of one child. She had already ored to be the chairman of the General heard from the constituents in my dis- earned her GED, but had no vocational Committee of South Carolina in the trict and people all throughout the or college education. She was fortunate State Senate. At that time people were State of Florida was what a terrible enough to have a car, but no insurance. questioning what the General Com- disaster the welfare system was, lock- In addition, she had several medical mittee was. I knew first of all it had ju- ing millions of Americans in a cycle of problems, one of which required her to risdiction over the National Guard; and poverty that they were literally unable undergo surgery in July 2000. Also in as a member of the National Guard, I to escape from. that same month, her 4-year-old son was happy to serve. But I found out In the county that I live in, we had had surgery. later that ‘‘general’’ meant any spe- chronically 2,500 people on welfare. The Jobs Plus One-Stop staff in cific item or agency that did not per- With the passage of welfare reform, Crestview assisted Stephanie in devel- tain to specific other committees that number has been reduced to 400 oping a career plan that would allow ended up in the General Committee. people, an 80 percent reduction. These her to achieve self-sufficiency for her- That was wonderful for me because the kinds of reductions were seen all over self and her child. With guidance and the country. Millions of Americans Department of Social Services came support, the One-Stop staff were able have been able to move successfully under their jurisdiction. to offer her financial assistance So I was in place to work in South from welfare to work. through supportive service funds to get Surprisingly, now that we are in the Carolina for the development of the the initial insurance set up for her car, place where we need to reauthorize this after which she has been able to main- Family Independence Act, along with legislation, there are some Members David Beasley and our lieutenant gov- tain the monthly premium. They were who want to turn the clock back and also able to help her purchase appro- ernor, Bob Peeler; and I also worked look at the tremendous success of wel- with such distinguished persons as the priate clothing for job placement. fare reform and say it was a failure and Stephanie was initially placed in a gentleman who is the Speaker pro tem- we need to go back to the old ways. I pore tonight, the gentleman from community service work site so she want to talk about a couple of people. could gain job skills. She worked at the South Carolina (Mr. BROWN), who was The gentleman’s point about making Salvation Army in Crestview, Florida, chairman of the Committee on Ways this personal is important, so I want to and Means in the House of Representa- from June through December of 2001. talk about two Floridians who made Her work site supervisor was very tives in South Carolina. the transition. We were able to put together a very pleased with her and reported she was Sha-Tee Bonner entered the welfare a hard worker. Here we go again. similar welfare bill and legislation in transition program in October 1999, and South Carolina as has been enacted na- Someone who had previously been was immediately assigned to Job locked in poverty is now being de- tionally, and there has been a remark- Search, something that would not hap- able record of success. The landmark scribed as a hard worker. It has been in pen before. She would be locked in wel- those people over the years; we just welfare reforms of 1996 on the Federal fare. Now under the program, the re- level has focused on moving recipients never had a system that unlocked it. form program, she is immediately as- In November, while voluntarily con- from welfare to workfare. The 1996 re- signed to Job Search. In November tinuing to put in hours at the work forms replaced guaranteed cash assist- 1999, she became employed at Holly- site, she also enrolled in a CNA class at ance with a work requirement. And wood Video and began earning enough Crestview Nursing Home. Between Au- when I say work, what I am talking money to end her cash assistance. Sha- gust and September 2001, Stephanie about are jobs and education, training Tee continued to work until she re- earned a total of $225 in incentive pay- and giving persons the opportunity to ceived employment at the Dunes Hotel ments for her performance and be fulfilling citizens in our country. It in March 2001 as a guest service rep- progress. On December 1, Stephanie has meant jobs, and it has meant edu- resentative. Since working at the passed her CNA exam, and 4 days later cation. Dunes Hotel, she has received pay she obtained employment with Par- So when we hear the discussion of raises and much praise from her super- thenon Healthcare of Crestview, earn- welfare reform, that is what we are visor. In August of 2001, Sha-Tee began ing $6.25 per hour. Her temporary cash largely discussing. The best character- the criminal justice technology pro- assistance was closed on January 1, ization that I have read of the success gram at Pensacola Junior College. Her 2002, because her income was high of the 1996 bill was in the Carolina employer at the Dunes Hotel is willing enough that she no longer needed cash Morning News, which is the Savannah to work around her school schedule be- assistance. She receives transitional Morning News edition of the low coun- cause of her outstanding employment services in the form of subsidized child try of South Carolina for Beaufort at the Dunes. care and transportation assistance that County, Jasper County, Sun City, for Mr. Speaker, here is a person who allows her to maintain her employ- Blufton and Hilton Head Island. previously had been locked in welfare ment. The editorial last month said the 1996 dependency. People are saying she is an welfare reform bill passed by a Repub- outstanding worker. Sha-Tee believes b 1845 lican Congress and signed by President that the responsibility of raising two Stephanie continues to enjoy her Clinton stands as one of the great so- daughters as a single parent has made work and has plans to pursue a nursing cial policy successes of the last 50 her even more determined to make it career. years. It was to the cycle of depend- through the tough times. She believes Mr. Speaker, these are two human ency on the dole what the collapse of that self-sufficiency is an ongoing beings that have been converted over the Berlin Wall was to communism, process. I agree. During the rough from being dependent on a failed and both literally and symbolically. times, Sha-Tee and her two daughters broken system to being self-sufficient. As we over the next couple of weeks lived with her grandmother. Recently, Most importantly, more important discuss welfare reform, it is wonderful Sha-Tee has moved out to her own than anything else, more important to really make it personal, and that is apartment and has purchased her own than the tax money that is saved is by having success stories brought to transportation. Pensacola’s local Soci- these women are setting an example our attention. ety for Human Resources Management for their children that there is a value Mr. Speaker, I yield to the gentleman recently honored Sha-Tee for being one to work, there is a dignity and pride from Florida (Mr. WELDON) to review of the welfare participants of the year. that comes with it. For those reasons, several success stories. The award is presented to former wel- I strongly support reauthorizing our Mr. WELDON of Florida. Mr. Speak- fare participants who have been suc- welfare reform package with no water- er, I thank the gentleman for yielding, cessful in transitioning to the work en- ing down amendments that would turn and I commend him for his leadership vironment. the clock back.

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.116 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1391 I again applaud the gentleman from success stories, and now Michelle is thorizing welfare. But it is meant to be South Carolina for his leadership on going to help create a lot more success and has through these women been this very important issue. stories. shown to be a very successful means Mr. WILSON of South Carolina. We There are other organizations aside for transitioning. These are women certainly appreciate the gentleman from those who are paid within the sys- who have had hope. They have had in- from Florida’s hard work for the people tem that help us make a difference. Es- fluence from others who have maybe of Florida, a proven story of success in pecially after the welfare reform law, shown her an example, taken time with yourself. there were a number of community or- her as well as wonderful caseworkers Mr. Speaker, one of the most bene- ganizations that stepped up to the who have done a wonderful job. ficial acts that you can have as you plate. One I work with very closely Over the break, I had a round table serve in the State legislatures is to called HEARTH, which stands for meeting with a number of caseworkers travel around the country and meet Homelessness Ends with Advocacy, Re- and those who work in the system, as persons that you recognize right away sources, Training and Housing, they well as some who have gotten through or superstars in terms of future legisla- have helped so many, mostly women, the system and several who are cur- tive activity. I was very fortunate to mostly victims of domestic violence, rently on welfare and trying to work have met a State legislator from Penn- because they help provide some support their way off, whether they are receiv- sylvania. I was so pleased to learn of via housing for these women as they ing education, working part-time and her election to Congress. I am very again continue to struggle and move moving in the direction of independ- pleased to yield to the gentlewoman forward. ence. It was a really inspirational from Pennsylvania (Ms. HART). The first one I would like to tell you meeting, partially because the first Ms. HART. I thank my fellow former about is Cindy, who came to HEARTH’s woman I spoke of, Michelle, was part of State Senator. I think we are really facility called Benedictine Place with the round table is now a caseworker well equipped as those who worked on four small children. She wanted to pro- with Lawrence County Social Services, the State level to implement the 1996 vide a better life for them and for her- but partially because I saw the faces of welfare reform to do what we are as we self but she had been a victim of do- some very strong people whose spirits are part of the working group on the mestic violence and her self-esteem had once been broken but who are now reauthorization of the welfare reform was certainly not at its highest. One of very much recovered, very much mov- on the Federal level. her sons did not want to live in a shel- ing forward, and very much an inspira- I thank the gentleman for his kind ter. Unfortunately he did go to live tion to the rest of us. They show us words and for his work on the task with his father, but the other three just how much people can do if we give force and also for giving me a few mo- stayed with Cindy and helped Cindy as them the right tools to move forward. ments to talk about some of the things she helped them to get a new view on I would like to thank the gentleman that have been happening in my area life. from South Carolina (Mr. WILSON) for regarding the success stories, as the While receiving her benefits, Cindy the opportunity to talk about these sign says, replacing welfare checks went back to school. She had some women and there are so many others. with paychecks, but also replacing bro- nurse’s training from the past, but she I have several other examples I am ken spirits with very strong spirits, a knew she needed to update her skills. not going to go into, but they are ex- lot of moms who are going to be great She took that opportunity, she finished amples of all the people and put faces leaders and examples to their children. her training and she was eager to get on all the people across the country Those reforms have helped so many her children established. She got her who have benefited because of the men and women get off the welfare degree, she got a job, she found a safe changes. I certainly am very happy to payroll. We hear the statistics, but it place to live. She is now working and is be here and to be here now at the Fed- does help, as the gentleman before me a supervisor at the hospital where she eral level when we can reauthorize wel- said, to hear the real story. One exam- works as an RN. Her oldest daughter fare reform and encourage both edu- ple I have is a woman I met during our said it best to her recently. She said, cation and work and make sure that time during the district work period ‘‘Thank you for making anywhere we these families are on the way to a very named Michelle who was unfortunately lived a home.’’ That statement made prosperous and successful future, along left alone by her husband with her two the struggle worthwhile for Cindy be- with a great example for their children. small children. Obviously she had been cause it could not have been easy. We Mr. WILSON of South Carolina. I a stay-at-home mom but was forced to all know that. thank the gentlewoman from Pennsyl- go and find a job and also a new home. But we know that for Cindy and for vania. Again we appreciate her great If that did not present her with Cindy’s children, there is a much bet- service to the people of her district and enough challenges, her parents were ter future. Not only is she a valuable the enthusiasm that she obviously has also diagnosed with serious illnesses. and contributing member to society, for the people of Pennsylvania. Michelle moved in with them to take but she is returning the favor to other Mr. Speaker, another treat that I care of them in addition to also caring members of her community by helping have run into by being here in Congress for her own children. Welfare for her them as much as they helped her. and meeting the Members of Congress was the only lifeline she had to get her Finally, the last example I want to is to be reassured as to the competence from day to day. But she had a greater share with you is of a woman named level on both sides of the aisle of peo- future in mind for her family. Fortu- Jackie. Jackie was in a very poor situ- ple who serve here in Washington. Not nately, she did what a lot of welfare re- ation. She did not have any transpor- only the competent, but very thought- cipients are now doing as a part of the tation. She had small children as well ful. One of the most thoughtful to me normal regimen, taking classes, get- and needed some support. Obviously was the gentleman from Mississippi ting a job. She did both. That was 4 the welfare system did help keep her (Mr. WICKER). years ago. I am happy to report that going. But once again, she now said I yield to the gentleman from Mis- today, Michelle does have full employ- that it was a huge adjustment, but she sissippi. ment and she is helping others who are has now moved into the workplace, she Mr. WICKER. Mr. Speaker, I want to in a similar position to the position she is making enough now to actually rent thank my colleague from South Caro- was in. a house, purchase a car. She has a job lina for those very kind and overly gen- She is now a case manager for the with full benefits. Jackie says it is erous words. Like my colleague from Lawrence County Social Services Orga- much better for her. She loves going to South Carolina and the gentlewoman nization. She took her skills, those she work each day. She has given back as from Pennsylvania who just spoke, I knew from her daily experiences and much as she can. She is now very was a member of the State Senate. I also those she acquired as a student pleased to be a taxpayer, as she said, served for 7 years in that body until I while still receiving welfare. She uses instead of a burden on all the other was fortunate enough to be elected by those skills daily to help others who taxpayers. the people to come here to Washington. are going through the same difficulties Granted, welfare has its place. Other- During a portion of that time, Mr. that she faced. She is one of the great wise, we would not be considering reau- Speaker, I served as chairman of the

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.118 pfrm02 PsN: H17PT1 H1392 CONGRESSIONAL RECORD — HOUSE April 17, 2002 Public Health and Welfare Committee when I heard that a number of my col- I simply would add this, and then I in the State Senate in Mississippi, and leagues were going to present success will yield back to the gentleman from so I share some of the same experiences stories, naturally, Mr. Speaker, I went South Carolina with my appreciation that the two previous speakers have back to my local welfare office to ask for his good leadership on this matter. had. I think I can attest, Mr. Speaker, how the TANF program, the Tem- More work does need to be done, and to the difficulty we had at the State porary Assistance to Needy Families it gets harder and harder. If this had level prior to 1996 in enacting meaning- Program is doing back on the local been an easy matter, we would have ful welfare reform at that level. God level where I was able to work with been able to resolve it in the 30 years knows we tried and we tried to do our them as a State legislator and cer- when we were pretty much going down best, but we did not have the flexibility tainly now continue to be interested. hill in the welfare area. We need fur- that we needed and that the 1996 Act And so I was pleased, also, to receive ther encouragement of work. We have has brought. We were forced into going story after story and example after ex- learned in the past 6 years of welfare individually on a case-by-case, law-by- ample of ways in which this legislation reform experience that making work law basis to the Federal Government has benefited individuals on the human pay is an integral part of actually mov- for what we called a waiver, and hoping level. Some of these recipients did not ing people into a meaningful life. So we that we could get the department, in mind if I used their names, but I need to further encourage work when both Republican and Democrat admin- thought I would make up a pseudonym we are considering the reauthorization istrations, to agree to those particular for them just for their own privacy. of this legislation. waivers. It just simply did not give us One young woman, I will call her Sara, the flexibility that we needed. became a single mom while attending We indeed need to expand State flexi- Also, I can tell you, Mr. Speaker, one of our community colleges in bility more so than we have already that there was not the solid commit- northeast Mississippi. Knowing that done. I have already mentioned the im- ment to a work requirement prior to she needed to complete her education portance of having that and giving our the 1996 Act. And so I am so very, very in order to provide for her daughter, State legislators, who, after all, are proud that at least three of us and Sara enrolled in the TANF program closer to the people, the opportunity to many more have been able to come and received help with expenses involv- fit their local needs into an overall from the State level where we made a ing the raising of a child while going to Federal program, and then to promote gallant attempt to come here to Wash- school full-time. marriage. ington, D.C. Of course I got here with b 1900 I think the statistics more and more my friend from Florida who spoke ear- become overwhelming that a stable lier with the class of 1994. She went to school full-time while marriage, to the extent that the Fed- We worked real hard for 2 years. I am working full-time for the community eral Government can encourage stable, just so pleased to talk about the college in the work-study program. voluntary, safe marriages, that mar- progress that we have had. One of our After completing community college, riage is the best antidote for welfare most prominent colleagues from that Sarah commuted to one of our fine 4- problems. class is the chairman of the Republican year universities in north Mississippi So, I just would say, Mr. Speaker, it Conference, the gentleman from Okla- where she continued her work-study. is a pleasure for me to talk about suc- homa (Mr. WATTS). He has made the The TANF program enabled her to cess, to talk about our determination statement ever since we arrived in focus on the future by paying for trans- in this House of Representatives to town that we need to measure welfare portation costs to and from school and make the system even better, and once reform successes differently. We do not for her daughter’s day care expenses. again to thank my very capable new need to measure the success of welfare Now, listen to this, Mr. Speaker. colleague from South Carolina for his reform by how many people we can get Sarah received her degree, a master’s hard work in this regard. onto the program, how many people we in instructional technology in the year can get onto the rolls. 2000. With this post-graduate degree, Mr. WILSON of South Carolina. Mr. Quite to the contrary, Mr. Speaker. this former welfare recipient was able Speaker, I thank the gentleman very We need to measure the success by how to find a job quickly and become self- much, and thank you for your thought- many people we have been able to move sufficient, and I can now report with ful service for the people of Mississippi off the welfare rolls into meaningful pleasure that she is the technology co- and all of America. employment. Indeed, to move them ordinator for one of our very fine local Mr. Speaker, as we discuss the suc- from the welfare rolls to the tax rolls. school districts in the public school cess stories of welfare reform, as the I spoke in my 1-minute address ear- system in northeast Mississippi. gentleman from Mississippi (Mr. WICK- lier this morning about some statistics We can all go on and on with these ER) pointed out, you can also look at that I am very, very pleased about con- excellent examples of the way this pro- the facts that confirm the success. cerning the 1996 Act. There has been a gram has worked. 56 percent drop in welfare caseloads na- I will simply mention Sandra, the Most important to me, I have got tionwide. Just think about that, Mr. mother of a child with spina bifida, four children, would be to point out Speaker. Over half of the caseloads, who was able to go on the TANF pro- that child hunger has been reduced gone, a tremendous measure of success. gram and is now a clerk at an equip- nearly half since 1996. The 4.4 million The lowest levels of welfare rolls since ment store in her local hometown. children who could have been in hunger 1965. Two million children, children, I will mention Betty Ann, the mother and were in 1996, that has been reduced rescued from poverty whose moms and of four, who for a time had to go on the to 2.6 million in 1999. That is just an daddies are now enjoying the benefits TANF program, but now is working extraordinary achievement for the of a paycheck and the good life that we full-time at the Old Miss law school. children and the young people of the seek here in the United States of Then there is Jane, who was forced to United States. America. And, of course, the lowest leave her husband of 11 years because Additionally, I would like to bring to child poverty levels in many, many of some domestic abuse allegations, your attention what the gentleman years. but has now, after being on the TANF from Mississippi has already referred So I am pleased at the statistics that program, been able to get back onto to, that with the implementation of we can cite, and those statistics are her feet, move out of public housing welfare reform there has been a reduc- real and they are meaningful. But I am and into her own home. tion of nearly half of the number of also so pleased that my colleagues to- Then finally there is Marie, the persons who are on welfare. Beginning night have done, as the gentleman mother of two young sons, a welfare re- in 1996, there were 4.4 million families from Florida (Mr. WELDON) stated, re- cipient who was able to go back to that were in the welfare system. Cur- duce it to human terms and tell indi- school and is now a registered nurse. rently, that has been reduced, due to vidual facts about individual American Success story after success story, the work of the professional social citizens who have benefited from this whether you take it at the individual workers of our country, to 2.1 million excellent piece of legislation. And so level or the overall statistical level. families.

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.120 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1393 The number of individuals receiving I will never forget that the intake These success stories are just so cash assistance has decreased by 56 per- persons who worked there are called heartwarming, and they remind me cent. The number of families, as I indi- cheerleaders; and in fact, that is what over and over again of how important cated, has decreased and dropped from they do. When people come in, they it is here in Congress to work for the 4.4 million in 1996 to 2.1 million in 2001. cheer the people up. They tell the peo- principles to make the changes that Welfare rolls have fallen 9 million, ple who are applying for TANF that can make it possible for people to have from 14 million recipients in 1994 to they can achieve, that they can have jobs and change welfare in our country. just 5 million recipients today in the jobs created. Currently, there are four principles United States. Another office had pictures on the that the Republicans have adopted and Welfare caseloads have not been this wall of success stories right there in are using. First of all, it is to promote low since 1968. Child poverty rates are the office. As the people would come in, work, to strengthen the path toward at their lowest level since 1978. African of course, they would be down and out, independence on the State and Federal American child poverty rates in pov- discouraged; but they could look level. What that has meant is that we erty among children and female heads around and see pictures of people who are very supportive of education pro- of families are at their lowest level in had succeeded. grams, of training programs. We all un- history. I, too, as my colleagues, have run derstand that we need to provide qual- Another fact: at 11.3 percent, the into specific situations; and in the in- ity child care, that we need to provide overall poverty rate in 2000 was the terest of protecting privacy, I would health care for the children for the per- lowest since 1974. A fact that we can all like to read statements from persons sons who are on temporary relief. We appreciate, because of what this means who have truly benefited from the re- need to provide for work to be again for children, the rate of births to forms of welfare in the United States proactive in regard to transportation, unwed mothers has leveled off; 2.3 mil- that we need to continue, as the Presi- and even relocation assistance, if nec- lion children have been lifted out of dent has proposed. essary, to move to locations volun- poverty. Robin, who currently now works at tarily where jobs may have better pay Another fact: child support enforce- the Sunshine House Daycare Center, and be more prolific. ment, making parents pay for child says that ‘‘DSS builds your ammuni- A good example on transportation in care, is up by more than 210 percent. tion to get a job. The classes made me our State is that we were confronted Another fact: the number of children feel better about myself. They inspired with an extraordinary dilemma when living in single parent homes has de- me to get a job. Now I feel on top of the we adopted welfare reform, and that is clined, while the number of children world.’’ that persons could not qualify because living in married-couple families has We have, as was indicated by the gen- they had excess assets if they had a ve- increased, especially among minority tleman from Mississippi, situations hicle which was worth more than families. where people have gone back to col- $2,000, so the vehicle they had to own Another fact: since 1996, nearly 3 mil- lege. We have Melissa, who is currently had to be $2,000 or less. lion children have been lifted out of at Benedict College in South Carolina. In looking at this, we received infor- poverty. It is one of the largest Historically mation from both sides, Democrats and Finally, another fact: before 1996, re- Black Colleges in the United States Republicans, that made it real clear. cipients stayed on welfare for an aver- with 2,900 students. I was there last There was one outstanding feature of a age of 13 years and few worked; but week with President David Swinton; vehicle that is worth $2,000 or less: it that is changing, because people are and I was happy to be there with my does not work. The other feature is it getting jobs. They are having oppor- special assistant, Earl Brown, who is a would take an extraordinary amount of tunity. They are leading fulfilling very proud graduate of Benedict Col- money to promote the fixing of the ve- lives. lege. hicle. So we changed that to where per- I over the last couple of weeks have Melissa says, ‘‘I used to think badly sons could have a car that was worth continued a practice that I have done about DSS, but DSS has helped me $10,000. in my prior service in the State Senate with bus tickets, a check, class, helped A second principle is improving child of visiting the Department of Social me when I thought I couldn’t make it well-being and lift more children out of Service offices; and in the past several through. They even helped me move, poverty. We have done that through weeks, I have visited Allendale County with Christmas presents. DSS made me working for stronger support enforce- in South Carolina. The director is Ms. do things myself. I have a job now and ment for child support. Persons are re- Lee Harley-Fitts. I met with Mr. Fred I can go higher. I want to apply for a quired now to maintain current child Washington of Beaufort County, the promotion and go back to adult edu- support. Director. I went by and met with Ber- cation. I know now that I can make Third, we are promoting healthy nie Zurenda of the Hampton County it.’’ marriages and strengthening families. Department of Social Services. I met There was Kimberly. Kimberly cur- This, of course, was referred to by the with Mr. Bill Walker of the Lexington rently works with Scientific Games in gentleman from Mississippi. Even the County Department of Social Services. Columbia, South Carolina. ‘‘I feel 100 Washington Post has identified that And I was very pleased to meet with percent better since getting a job. I no this is a very legitimate concern in an Ms. Richelynn Douglas of Richland longer have to struggle. Now I only editorial on April 5 promoting mar- County, which is the capital of South have to work. I am no longer living day riage in our country, because we al- Carolina. by day and worry if my food runs out. ready know that the prior welfare laws In each case I met with the social Now I have my own transportation. were ones that promoted breaking up workers, and I delivered to them let- DSS helped me with financial and of families and of marriage. So the pen- ters of appreciation for what they had moral support. They helped with my alties of marriage have been done away done to create the extraordinary and resume, even faxed it, and they told me with. historic social development of the to write thank you notes. I am thank- The fourth point of the Republican change in welfare in the United States. ful I have a job.’’ principles and initiatives for welfare It is these people who are frontline, Then there was Christy. She cur- reform are to foster hope and oppor- and I had a wonderful time going by rently works for a billing service in tunity, boosting personal incomes and and visiting with them. Lexington. ‘‘I have accomplished a lot improving the quality of life. Additionally, by telephone I worked with the help of DSS. I feel inde- with our State director, and this is bi- pendent and self-sufficient. Getting a b 1915 partisan. She is, of course, a member of job has changed my outlook on life. I Of course, to me, that also means the cabinet of our Governor, Ms. Libla was in a slump, without transpor- that we have tax incentives for persons Patterson. It just is heartwarming to tation. Now I have a car that I bought to hire, persons who were formerly on see these people on the front line work- with my taxes. DSS helped enable me welfare, but also tax reductions. In ing so hard and so enthusiastically at to provide more for my kids with less fact, tomorrow, I am really looking the office in Lexington. assistance.’’ forward to being here to vote to make

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.121 pfrm02 PsN: H17PT1 H1394 CONGRESSIONAL RECORD — HOUSE April 17, 2002 permanent President Bush’s tax reduc- mentioned bridging the gap, and that is leadership of the House of Representa- tions. That is money in the pockets of really what the TANF program is all tives and of the Senate back during either the persons who are newly em- about, the Temporary Assistance to those days of 1995 and 1996 who had the ployed or in the pockets of all Ameri- Needy Families. courage to withstand these sorts of un- cans so that we can employ more peo- The problem with the old system is founded charges, move the bill through ple. It is jobs. So when we hear about that the gap was so long, so large, it time and again, past a veto on two oc- tax cuts and providing for incentives seemed that we never built a bridge casions, and on to the desk of the by reducing the taxes, think again of over it and we never got to the end re- President where it was finally signed how that directly relates to creating sult of actually moving these American into law. We have seen the great re- employment in jobs. citizens from the welfare rolls of re- sults of it. As I indicated a few minutes ago, one ceiving a check from the taxpayers on So once again, we may find ourselves of the key people who has meant so to the job rolls. So that is one of the in that sort of debate. I do not know, much to me is the former chairman of really excellent things about this new Mr. Speaker, what exactly we will be the Committee on Ways and Means of approach and the reason that we need hearing from the opponents of this ap- the South Carolina House of Represent- to work harder to reauthorize it and proach. But I dare say that we may atives, and he is here tonight. At this make it work better. have to, once again, show some cour- time I would like to yield to the gen- But Mr. Speaker, it takes leadership age. This time, though, we will be able tleman from South Carolina (Mr. and it takes a bit of courage to effect to point to the great successes that we BROWN). change in this city of Washington, have had. Mr. BROWN of South Carolina. Mr. D.C., and in this Federal Government. Mr. WILSON of South Carolina. Mr. Speaker, I thank the gentleman. It cer- There is a certain amount of inertia Speaker, I thank the gentleman. I ap- tainly was a pleasure serving with the there. preciate the gentleman bringing that gentleman in the State legislature. We Whenever we try to do something to our attention. We indeed do have were confronted with this same idea bold, as this Congress did back in 1996 something positive this time to show a back, I guess in the early 1990s, and in passing welfare reform, the oppo- proven record of success. people said it would not work. People nents always try to bring out what I Mr. Speaker, I am very honored to in have been caught in this web of succes- call the ‘‘parade of horribles,’’ all of Congress serve adjacent to the gen- sive generations, caught in the web of the terrible things that are going to tleman from Georgia (Mr. KINGSTON), welfare, and we felt like we wanted to happen to our fellow citizens if we do from the very historic City of Savan- give them an opportunity. I am pleased this sort of thing. I can recall the stern nah, which is practically becoming the to have been a part of that and of hav- warnings that we received from some sister cities of the communities that I ing the privilege of working with the of our friends, the opponents of this represent in Hilton Head Island, so we gentleman from South Carolina (Mr. legislation, when we were considering like to claim that we represent very WILSON). I am certainly so grateful to it back in 1995 and then in 1996. As the similar and wonderful, positive com- have the gentleman up here in Wash- gentleman knows, it was vetoed by the munities, and at this time I yield to ington so that we can renew that same Clinton administration first before we the gentleman from Georgia (Mr. KING- concerted effort to try to make a dif- were able to finally push it through in STON). ference. I think we did back then, and 1996. Mr. KINGSTON. Mr. Speaker, I I think this is a good program here. But among the opponents of this leg- thank the gentleman north of the Sa- Mr. Speaker, I rise again in support islation, Mr. Speaker, one person said, vannah River in South Carolina for his of welfare reform legislation. As we and I quote, ‘‘The people who do this time. I wanted to talk a little bit about continue to help people bridge the gap will go to their graves in disgrace.’’ what the gentleman from Mississippi from welfare to work, it is crucial that Well, certainly, that is a charge that (Mr. WICKER) was talking about in the we not lose sight of the need for fur- we had to face, and any time we have 1996 session when we took on the his- ther reform. Our welfare system still the possibility of new public policy, we toric welfare reform bill, and as he suffers from decades of mismanage- know that it might fail, but we knew said, change is difficult in Washington. ment and unnecessary growth. It is in- in our hearts that it would succeed, In fact, I think it was Ronald Reagan cumbent upon us to further the im- and we certainly do not believe that we who said ‘‘If you don’t believe in res- provements enacted by Republicans 6 will go to our graves in disgrace. I urrection, try killing a Federal pro- years ago. In shortening the welfare think the author of that remark, Mr. gram.’’ That seems to be the case with rolls, we strengthen the backbone of Speaker, probably would not want to change often as well; it is just impos- working people. By helping hard-work- come forward and take ownership of sible. ing Americans to find jobs, we restore that particular quote. We were accused of pushing women dignity to deserving citizens. The suc- Another said, ‘‘In 5 years time, you and children on the street and turning cess of our system is measured by the will find appearing on your streets our back on the poor, some very tough success of working Americans. Six abandoned children, helpless, hostile, rhetoric that did not match the goals years ago, Republicans took a great angry, awful; the numbers we have no of what we were trying to accomplish, first step towards improving welfare. idea.’’ I am almost sorry that the gen- but nonetheless, at the end of the day, However, we cannot afford to stop tleman from South Carolina took the we had a bipartisan bill. President short. We must walk the extra mile. last poster down because, of course, it Clinton signed it into law. Since that Mr. Speaker, I urge my colleagues to showed not only a more than 15 percent time, out of 15 million people who were support further welfare reform. The cut in welfare rolls, but also approxi- on welfare, 9 million are now working American people must come before mately a 50 percent reduction in child- and independent. It is a great success petty politics. hood hunger and childhood poverty. story, from anybody’s point of view. Mr. WILSON of South Carolina. Mr. Just a third quote from this ‘‘parade Now, with change in Washington, it Speaker, I thank the gentleman from of horribles’’ that we had back in 1995 is an uphill battle, and now it is time South Carolina (Mr. BROWN). I appre- and 1996. One member of the other body to go back into that bill again and say, ciate the gentleman’s hard work, both said, and I quote, ‘‘The central provi- okay, what is working and what is not in our State and now here in Wash- sion of this law, the 5-year cash benefit working? ington to promote welfare reform. limit, would be the most brutal act of I remember in 1996 talking to a wel- Mr. WICKER. Mr. Speaker, would the social policy we have known since the fare caseworker and he was telling me gentleman yield? reconstruction.’’ the situation of a family where there Mr. WILSON of South Carolina. I Well, indeed, we were able to look was a young woman, a young lady, and yield to the gentleman from Mis- past those unfounded charges and move she was living with a man who was not sissippi (Mr. WICKER). toward really one of the tremendous her biological father because her bio- Mr. WICKER. Mr. Speaker, I thank success stories, I think, of the last 50 logical father was in jail. Her biologi- the gentleman. The previous speaker, years. I am just so pleased to have been cal mother had shot another man, and the gentleman from South Carolina, a part of it. I want to commend the she was also in jail, and just a broken

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.124 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1395 family situation. The young woman, 16 parent would have, she is still working, twice been able to participate in as a years old, in 10th grade, and they were she is drug-free and alcohol free, and Member of the United States House of worried that she was going to drop out she actually has been speaking to sub- Representatives. I am proud of the tax of school, perhaps get pregnant, follow stance abuse groups about her own ex- reduction that we enacted last year, in some traps. She was in a very, very perience. the fact that we sent tax rebate checks high-risk, critical stage in her life. So she is one of the 9 million success back to millions of Americans to the Then, her sister, who was 13 and in stories that is out there. So I want to tune of $40 billion, at a time when the the eighth grade, they said, we have to say it is just something that we can all economy was just beginning to slow keep her mainstreamed. So one of be very, very enthusiastic about. Dem- down and we needed a boost there. them we have to have some proactive ocrat, Republican, rural or urban, big So to the extent that our policies in handholding and the other one, we just city, it does not matter; we should all this Republican House of Representa- have to have some steady guidance. share in this. tives for the past 71⁄2 years have con- But the problem is, as their welfare b 1930 tributed to a booming economy, cer- caseworker, he said, I cannot do any- tainly I want to give that credit, too, thing about it, because we have one Mr. WILSON of South Carolina. Mr. in creating the atmosphere for job ex- group that handles teen health care Speaker, I thank the gentleman. pansion. So I think that goes hand-in- issues, another group that handles Again, I am very honored to serve in hand with welfare reform, it goes hand- transportation, another group, another the same community with the gen- in-hand with the job creation parts of agency, I should be saying, that han- tleman, Hilton Head Island. Of course, our tax reduction bills. dles public transportation, and another the gentleman and I are looking for- I think at this point, let me just see one that handles public housing, and ward to the Heritage Golf Classic this if I can conclude my part of this special everything was compartmentalized. weekend, which even relates to the order, if my friend will permit, and he With welfare reform, one of the great issue at hand, Mr. Speaker, in that in is standing by, I think, with a very im- advantages was flexibility, so they terms of welfare reform, the jobs that portant part that my colleagues are could go into a family like this and are created. able to look at. work on the whole family needs, not The Heritage Golf Classic will gen- Mr. Speaker, I hope that the Amer- just piecemeal, to what the human erate $56 million to the hospitality in- ican people will contact us, will con- being needed. So I think that welfare, dustry of the low country of South tact me and our colleagues on both there is a tough side of it, but there is Carolina and Georgia, and then it will sides of the aisle, both houses of this a love side of it, and it is an example of create a thousand jobs. So we are Congress during the coming days of tough love. grateful for the Heritage Golf Classic this welfare reform debate, and let us When I look at legislation that we that is under way right now. know if they support the concepts that passed during the 10 years that I have Mr. KINGSTON. Let me say this: my friend has right beside him, there. been in Congress, I have to say this is Anything we can do to get jobs in this Would they like their Member of the truly one of the more profound pieces, area is part of the welfare reform issue. House of Representatives to vote for a because of the 9 million people that it So whether the paycheck comes from piece of legislation that promotes had a positive effect on. If the gen- South Carolina or from the State of work, something that has been the tleman would continue to yield, I have Georgia, it is good for our area and very foundation of this country for a true story of a woman in my district good for our people. over 200 years, to strengthen the path who lives in Brunswick, Georgia, and I Mr. WILSON of South Carolina. And towards independence for families, am going to call her by her first name that includes Newport and Jasper, too. independence from the need to receive only. Mary is a single mother of three Mr. WICKER. Mr. Speaker, will the a welfare check from the government? children. She had not worked in over 10 gentleman yield? Secondly, I hope our constituents years when she was enrolled in the Mr. WILSON of South Carolina. I will talk to all of our colleagues, Mr. TANF, Temporary Assistance to Needy yield to the gentleman from Mis- Speaker, about the importance of im- Families, Work First Employment sissippi. proving child well-being. We have lifted Services Program. Now, Mary had a Mr. WICKER. Mr. Speaker, of course, over 2 million children out of poverty. history of substance abuse and a his- we are here tonight talking about the As I said earlier tonight, let us lift 1 tory of receiving public assistance. She success of one single piece of legisla- more million children out of poverty. had attempted several job readiness tion, the 1996 Welfare Reform Act. We Let us let that be our bold goal in this workshops and job search activities are indeed proud, and I think we have debate. without any success. the individual stories to back it up, as Thirdly, it would be to promote When the Ready to Work Substance well as the overall data. But it is all healthy marriages and strengthen fam- Abuse Day Treatment Program began about job creation and moving people ilies. I hope we will hear from our con- in Glynn County through the Gateway from welfare to a meaningful job, and stituents and from our fellow Ameri- facility, Mary was the first referral to meaningful participation in the Amer- cans about that, Mr. Speaker. the brand-new program. During the ican way. And then, finally, the fourth Repub- next several months, she had spotty re- Some people have said, ‘‘Well, Con- lican principle of welfare reform: fos- sults with the program. In fact, she re- gressman, you have a lot of success tering hope and opportunity to boost lapsed with her drug problem and spent stories. But actually, I think we could personal incomes and improve the some time in jail. But she also became attribute that to the booming econ- quality of life, and permit more of our involved in drug court and was re- omy, not to the Welfare Reform Act.’’ fellow American citizens to grab hold quired to continue her participation in I think, actually, the statistics show of that great American dream. ready to work. and the experts have told us that a I hope we will hear from our con- So instead of just saying, well, that good portion of this success that we stituents. I hope we will have a healthy is okay, we tried, what this welfare re- have been talking about so proudly to- debate among our fellow Americans on form bill said is, you know what? We night does come from the Welfare Re- the floor of this House. I look forward are going to keep working with you form Act of 1996. But also, I am happy to it. until we get it right. We are not going to take credit, as a Member of this Once again, I thank my colleague, to give up on you, and we are not going Congress for the last 71⁄2 years, for the the gentleman from South Carolina, to allow you to give up on yourself. So good economy that we have had, for for his excellent leadership in this re- Mary persevered. After returning to the most part. gard. the program, she became very involved Now, we have had a business down- Mr. WILSON of South Carolina. Mr. in it and completed it successfully. She turn, which we are going to have in a Speaker, I thank my colleague, the was assisted by the program after that free and open and market-driven econ- gentleman from Mississippi (Mr. WICK- in getting her first job, and now, al- omy. We are going to have that sort of ER). I appreciate his input. though she has had some problems, as thing. But I am proud of the tax reform As I conclude, we have been going any parent would have, as any single and the tax reductions that I have over success stories, and my colleague,

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.126 pfrm02 PsN: H17PT1 H1396 CONGRESSIONAL RECORD — HOUSE April 17, 2002 the distinguished gentleman from the common era, from the time of Jesus. In is significant because it was not a war Third District of South Carolina (Mr. 1917, though, in terms of the modern that Israel sought, it was a war of de- GRAHAM), had submitted a success state of Israel, the Balfour Declaration fense. I think what is also significant, story that he wanted to be known by by Great Britain was issued. As this just to understand the context, the his- people of the United States. And I can map shows, it was a mandate that the torical context, is that the area of the identify with that, because I have been League of Nations had given to the West Bank and Gaza, which effectively, a volunteer with Habitat For Human- British empire at that time. Saudi Ara- I think, all parties now understand will ity. bia did not exist. in fact become a Palestinian state at This is about Contessa from the I think one of the best charts that I some point in time, when those areas Third District of South Carolina. have seen, presented by the gentleman were controlled by Jordan and Egypt, ‘‘When I was on welfare, I forgot that I from New Jersey (Mr. ROTHMAN) when neither Jordan nor Egypt wanted there was a valuable person, that my life we did a special order last week, was to be a Palestinian state. There could mattered. I really did not have the talking about the years the different have been a Palestinian state at any proper esteem when I was on welfare. countries were created. Saudi Arabia point in time between 1948 and 1967 if Things are so much better now that I was a group of nomadic tribes at this Jordan, Egypt, or the Palestinians in am employed and my self-esteem has time, and Egypt did not exist as a mod- that area would have agreed to a Pales- improved.’’ ern country. It was part of the British tinian state living side by side with the A former welfare recipient, Contessa, mandate. Iraq was part of the British state of Israel at that point in time. like thousands of other Americans, has mandate. Syria was part of the French A significant thing happened in 1974, made the transition from welfare to mandate. and really, under the American aus- work. Hired as a receptionist who was Mr. KINGSTON. Mr. Speaker, will pices, the American involvement, in told that ‘‘There is little chance of op- the gentleman yield? terms of the peace process that really portunity for you,’’ Contessa has con- Mr. DEUTSCH. I yield to the gen- began in 1974. But the real significant tinued to move up, and today is a para- tleman from Georgia. event in modern times, or prior to this Mr. KINGSTON. It is not shown on legal at a prominent law firm in neigh- year, is 1977 when Anwar Sadat visited the gentleman’s map, but I think it is boring Greenwood. Jerusalem and made a clear show to important to point out that Iran did One of the dreams that she has the Israeli people of his commitment not exist, either. That was ancient Per- achieved is the ownership of her home. towards peace. If there were any two sia at that time. That is the American dream. Contessa peoples who were as diametrically op- Mr. DEUTSCH. Absolutely correct. I posed, who had fought very vicious, has taken that bold step forward. I end think it is important just in terms of with this quote: ‘‘I have now purchased competitive wars with each other, the the issue of why is Israel there as a Egyptians and the Israelis were those a home through the Home Authority modern state. I keep referring to it as Stepping Home Program, where a por- two people. the modern state of Israel. As we know, under the guidance of tion of your rent goes into an escrow The British in 1922 actually divided account for the downpayment on a President Jimmy Carter, Sadat and the mandate that they had along the Prime Minister Menachem Begin home. Becoming a homeowner really Jordan River, so there is a line straight changes your whole outlook, as does signed the Egyptian treaty at Camp from the Jordan River. On the eastern David in 1979. Just moving forward past the change from welfare to work.’’ side, they created trans-Jordan, and on 1979, I think there are some interesting I would like to thank my colleagues the western side, Palestine. Now, who have participated tonight. We look dates. As opposed to Anwar Sadat, trans-Jordan has become modern-day Chairman Arafat’s actions in 1982, be- forward to the discussion about the Jordan, and Palestine, let me shift the cause of terrorist attacks on Israel at creation of jobs, the creation of oppor- map and get to what really is the next that time, Israel invaded southern Leb- tunity with the welfare reform reau- map, was a partition plan of the United anon. In fact, what happened was thorization. Nations in 1947. Arafat ended up getting expelled from f I think this is also a significant map southern Lebanon to Tunisia. The for people to understand and actually THE MIDDLE EAST CONFLICT AND Israeli troops remained in the security to look at, as well. It is significant for THE STATE OF ISRAEL zone for a period of time. a number of reasons. It is significant In 1991, as the chart points out, The SPEAKER pro tempore (Mr. SUL- because, first of all, the Jews that lived Chairman Arafat supported Saddam LIVAN). Under the Speaker’s announced in Israel at the time accepted that Hussein in the Gulf War. In 1994, an- policy of January 3, 2001, the gen- map. The Arabs that lived in Palestine other positive step occurred in that tleman from Florida (Mr. DEUTSCH) is did not. In fact, in 1947 or 1948 when the King Hussein and Prime Minister recognized for 60 minutes. British withdrew from Palestine and Rabin signed the Israel-Jordan peace Mr. DEUTSCH. Mr. Speaker, I join Israel declared independence 54 years treaty with President Clinton. with a group of colleagues, and I hope ago, five surrounding Arab countries In 1997, the Hebron Accords were and expect more to join us as the and their armies, Egypt, Jordan, Syria, signed; in 1999, the Wye River Accords; evening progresses, to talk a little bit Lebanon, and Iraq, invaded. and in 2000, the Camp David attempt by about the conflict in the Middle East, The Israelis were outnumbered five President Clinton had its auspices. but also to talk about the Middle East to one at that point in time, basically Again, as we know, the offer that was and talk about the state of Israel. with no outside direct support, and the on the table of 97 percent of the West In Israel today, it is Israel Independ- United States obviously, as most peo- Bank, parts of Jerusalem, significant ence Day, the 54th anniversary of the ple know, recognized Israel as soon as parts of Jerusalem, an independent modern state of Israel. I am joined this it declared its existence, but this Palestinian state, was rejected by evening on the Republican side. Shar- boundary was accepted by the Jews in Chairman Arafat. ing the time with me is the gentleman the state of Israel. In terms of the five from Georgia (Mr. KINGSTON), as well countries that invaded and the Arabs b 1945 as a number of colleagues, Democrats that lived in Palestine, they did not ac- I give this as a historical back- and Republicans. cept the partition. ground, and I look forward to my col- I mentioned the 54th anniversary of Let me just follow up with another leagues’ statements. the creation of the modern state of map, which is a map of Israel today. So I would yield first to my colleague Israel, and there is a time line that is The significant part of this map, in a sharing the time who has taken a lead- relevant that hopefully all Americans sense, is from the last map to this map ership roll and serves on the Sub- have a perspective of, because I think is four wars: 1948, 1956, 1967, and 1973. committee on Foreign Operations, Ex- the time line gives us a sense of the The areas in the West Bank and Gaza port Financing and Related Programs, issues that Israel is dealing with today. and the Golan Heights were acquired the gentleman from Georgia (Mr. KING- There has been continuous Jewish oc- by Israel in 1967. STON). cupation in the land of Israel from his- Again, the history of that point in Mr. KINGSTON. Mr. Speaker, I torical times, from the start of the time I think is also very significant. It thank the gentleman from Florida for

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.128 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1397 yielding the time and also for orga- For me, as a Member of Congress, one drawal from the Golan Heights in the nizing this special order, because I do of my priorities is to work for the sur- context of trying to get a peace with think it is extremely important that vival and the security of the State of Syria or their unilateral withdrawal we in America set an example and let Israel, and I say that and I do that with from southern Lebanon, notwith- it be known worldwide that we stand no embarrassment because I very much standing the continued barrage that behind Israel’s right to defend herself, believe that that position is a position Israel was facing from Hezbollah and we truly believe that the time for that is strongly in the interests of the forces, supported by Syria and Iran, that statement is now on this day of American people, and I think that as against not only their Armed Forces, Israel’s independence of 54-year anni- we look at the context of this conflict, but against the civilian population of versary. some of the points illustrated by the northern Israel. Just to think about a nation of 5 mil- gentleman from Florida with his maps Finally, with the offer Ehud Barak lion people compared to America, 281 remind us of several critical points. made in the American-mediated Camp million, we are a little less than 60 per- The first point is that every single David process where a whole series of cent the size of Israel, and on that hor- time that the people of Israel have positions that no one ever thought rible day of September 11, when 3,000 been presented with an option which they would see a leader of Israel offer Americans were killed, that equivalent involves compromise on their part and were made at that table, only to be to Israel would be about 50 people, and the hope and promise of peace, they spurned by the Palestinians. last month alone Israel lost that many. have chosen that option rather than For a long time, 20 years now, I have believed that in the context of obtain- So she has the right to defend herself. pushing for maximalist demands and a ing this peace and the right solution, Mr. DEUTSCH. Mr. Speaker, reclaim- continuation of conflict. ing my time for one second, I am going It started in 1948 with the partition there would have to be compromise. I to grab a chart, if I can, which is show- plan sponsored by the United Nations want a Jewish homeland and I want it to be a democracy, and if for no other ing the numbers. Actually in the where Israel and the people of Israel reason than the demographic facts, I month of March alone it was not 50. It accepted far less than they hoped to recognize that in a context where was 150 Israelis that got killed. So in get in that partition plan, and as the Israel’s survival and its security could fact, in the month of March, just this gentleman from Florida pointed out past month Israel sustained the equiva- be maintained, there would need to be correctly, the Arab neighbors of Israel land, but I believe that that is the posi- lent of three 9/11s, and I think if we can rejected that partition plan and went just imagine what the United States, tion of the vast majority of the people to war. of Israel as well as the vast majority of God forbid, that would have occurred It occurred again in the wake of to us, what we would do, I think the American supporters of the state of Anwar Sadat’s statement that he Israel. world has seen what we did with one 9/ would make peace with Israel if they 11. So when we see the present images would withdraw from all the territory and the consequences of the Israeli ef- Mr. KINGSTON. Absolutely, and that they had occupied as a result of when one considers that the attacks fort to deal with the sources of terror the 1967 and 1973 wars. Within an in- that have taken so many lives, the are so random, in a coffee house, in a stant, Israeli public opinion rallied theater, in a crowded street, anywhere homicide bombings that have contin- around the call by this courageous ued relentlessly, the clear unwilling- there is a group of people, the whole leader of Egypt for peace and set nation is truly under attack. It is not ness, notwithstanding his words of through a process to withdraw from Chairman Arafat to end terror as a tool just the people in the Gaza, the West the entire Sinai peninsula, to uproot Bank, but it is anywhere. of the efforts to provide for the aspira- settlements and to pull back just in I have a number of folks on my side tions of the Palestinian people, the un- the hope that they could engage in a of the aisle who want to speak, and I covering of the documents that indi- wanted to yield a few minutes to them lasting peace with the country of cates top Palestinian authority ap- if that is appropriate. Egypt. proval for the funding of explosives and Mr. DEUTSCH. Mr. Speaker, I think It occurred again in 1993 in the con- bombs and weaponry of very signifi- we have a lot of Members here this text of Oslo where all Israel got for all cant magnitude. evening. I think what I would like to the compromises that they agreed with This is no longer the intifada of 1988 do, normally in special orders we do and the process that they agreed to go and 1989, an intifada of stones. This is not limit time, but maybe if we could through and the compromises that of mortars and explosives and bombs limit time to 5 minutes per Member they subsequently made, all they got and rockets. When we see all of that, and have a discourse. was the promise that the dispute be- when we learn that as a result of the If I could yield to the senior Member tween Israel and the Palestinian peo- Israeli efforts, dozens of bomb factories in this Chamber right now, one of the ples would be resolved through negotia- have been uncovered, huge caches of senior members on the Committee on tions, there would be an end to terror weapons have been uncovered, all to be International Relations, and there is and that a series of steps would be used notwithstanding the promises no gentleman who is a more significant taken, all of which involved Israel under Oslo and the commitments made leader in terms of his record, in terms withdrawal, Israel retreat, and in the to try and settle this issue through of peace in the Middle East, the gen- context of Oslo, the Israeli government force, I think my colleagues have to tleman from California (Mr. BERMAN). did things that they had indicated they understand that context to understand Mr. BERMAN. Mr. Speaker, I thank would never do. what Israel feels it needs to do. the gentleman very much for yielding They indicated a willingness to nego- Mr. DEUTSCH. Mr. Speaker, reclaim- to me. It is very good to be here with tiate with Yasser Arafat, a position no ing my time, this is actually a list of all of my colleagues, and I do not have Israeli government had ever taken be- weapons that were uncovered or cap- a prepared comment. I just want to fore. They indicated a willingness to tured by the Israelis since April 1 in make a few points and then yield back recognize the PLO as the organization their incursions into places like Jenin to my friend from Florida and the oth- representing the Palestinian people. and Ramallah, and it is an amazing list ers who took this special order. They agreed to Yasser Arafat’s return from April 1. Weapons obviously in vio- First, to thank the gentleman for to the Palestinian areas, first the Gaza, lation of Oslo agreements and sniper taking this special order. I am getting then to Jericho and finally the head- weapons, telescopic rifle weapons, a lot of comments from my colleagues quarters in Ramallah. bomb factories, things that there were in this Chamber, I am getting a lot of They agreed most incredibly to the agreements not to have, to prevent mail and phone calls from my constitu- arming of 50,000 Palestinian police from having, and in fact, the question ents who are watching television, who under the direction of the Palestinian which is really raised is why did the are seeing pictures and reading stories Authority to maintain order as they Israelis even incur the incursions into and are very distressed by what they pushed out of every area of major Pal- these areas. The Israelis, I do not have seen in these past few weeks, and estinian population and, again, without think, want to be there anymore than I thought it would be good to come even getting into the details of the the Americans want to be in Afghani- back to a couple of very basic points. willingness of Israel, to opt for with- stan.

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.130 pfrm02 PsN: H17PT1 H1398 CONGRESSIONAL RECORD — HOUSE April 17, 2002 Mr. BERMAN. Mr. Speaker, that il- As this map demonstrates, nothing this critical issue in helping Congress lustrates the point I was making, and I could be further from the truth. Back recognize and helping the American will just conclude because we have during the time of the British Man- people recognize one fundamental and some very knowledgeable people on the date, 1920, post-World War I, as this indisputable fact: Israel is the only de- floor tonight to speak to this issue, and map indicates, there was no Lebanon. mocracy in the Middle East, and a to say that I ask my colleagues and I Syria was part of the French Mandate. strong Israel means a secure America. ask those people who care about Iraq was part of the British Mandate. About a year ago I had an oppor- Israel’s survival and security, to under- Saudi Arabia was not yet recognized as tunity to meet with the King and stand the context in which this present a Nation at the time, and we had this Queen of Jordan, King Abdullah and incursion is taking place, the critical area that is described here as Palestine Queen Rania, and with other Members importance of it being completed in a or the British Mandate, and then my of this body we sat at a table and asked fashion that enhances survival, and un- friend from Florida described how that the King when would there be peace in derstand that when presented with a was divided by the very tiny Jordan the Middle East. He talked about his true opportunity for a true peace, be it river. hopes for peace in the Middle East. with the Palestinians or a comprehen- If my colleagues have ever been to He said when my father used to meet sive peace, I have no doubt that the Israel, they know it is just really not with the President of Syria, they would Israeli people and its government will much more than what we would call a talk about violence and rivalry and be able to make the compromises nec- small creek where I come from, but it conflict. But when I meet with the new essary to make that happen. was divided there into Trans-Jordan, young president of Syria, we talk Mr. DEUTSCH. Mr. Speaker, I would which later became the nation of Jor- about how we are going to modernize yield to the gentleman from Georgia dan. our financial services industries and (Mr. KINGSTON). So everything was in flux at the time how we are going to get the Internet Mr. KINGSTON. Mr. Speaker, I the country of Israel was being antici- into every household in our country. thank the gentleman from Florida and pated there. He said as a new young generation of I would ask him to yield to the gen- b 2000 leaders take shape in the Middle East, tleman from Mississippi (Mr. WICKER). there will be peace; and since then, Mr. DEUTSCH. Mr. Speaker, I yield They have a right to exist. The inter- thousands of Palestinians and Israelis to the gentleman from Mississippi. national community has recognized for Mr. WICKER. Mr. Speaker, I thank over half a century that Israel has a have lost their lives. I have come to the sobering conclu- my friend from Florida for taking out right to exist, and we need to acknowl- sion that King Abdullah is right, that this special order. I understand actu- edge right here on the floor of this peace is a generational issue, and that ally we will be back to back, two spe- House of Representatives that our cial orders tonight, and I wanted to friends, the Israelis, are under attack is a fundamental part of the problem. come down to the floor, Mr. Speaker, at this very moment, have been since a The gentleman has talked about this because it is important that this spe- year and a half ago, and their very ex- and taken the leadership on this issue. cial order be bipartisan, and it is im- istence is being challenged by those The fact of the matter is that all of the portant that the clear message go out, who would like to wipe them off the diplomatic accords, the peace treaties, not only to our colleagues, but to ev- face of the Earth. the Camp Davids, the Wye Rivers, the eryone around the world within the Mr. Speaker, we need to make the Madrids, the Oslos, the grip and grins, sound of our voices, to make it clear strong statement on a bipartisan basis all of the diplomatic treaties in the that on a bipartisan basis, Republicans, that this country is going to resist world are not going to be successful as Democrats, the House and the Senate, those terrorists who would not even ac- long as a young generation of Palestin- this Nation supports the country of knowledge the right of Israel to exist ians in second grade classrooms are Israel, the only really true democracy as a nation. taught that there is no alternative to in the region, a steadfast friend and I am happy to stand with Repub- the destruction of Israel and the de- ally of the United States for over half licans and Democrats tonight on that struction of the United States. a century, and that message needs to principle. Israel is a democracy. Israel Think about it. What possesses 15 be stated in unequivocal bipartisan has become a driving economic miracle young Saudis to board American planes terms in this House of Representatives in the desert over the past half cen- and destroy and murder thousands of tonight. tury, and they are due a lot of credit. New Yorkers, and take their own lives I am so glad and encouraged, my col- They have been our friend and we have in the process? What possesses young league from California mentioned that been their friend, when this country children in the Middle East to strap ex- there are a lot of knowledgeable people has needed it and when Israel has need- plosives to their chests and blow up about this issue. I do not know that I ed it. pizza parlors and bar mitzvahs and would count myself as one of the over- If there is one signal that we need to Passover seders, and elderly people and ly knowledgeable people among my send as a matter of foreign policy, it is children and women? colleagues, but I have been to Israel, that this Nation is steadfast in sup- Mr. Speaker, what possesses them, and I have studied the history, and I porting its friends, and we count Israel they are being indoctrinated in their am very, very pleased that my friend as among those friends. I appreciate classrooms and not educated. Let me from Florida started out his remarks my colleagues acknowledging that share some specific examples. They are with a very detailed history of the re- while Israel has a right to exist, there taught hatred in the text ‘‘Modern gion. Because of the importance of the will be a Palestinian state under the Arab History and Contemporary Prob- first map that he brought forward, Mr. right conditions, and that compromises lem Part 2,’’ which on page 49 teaches Speaker, I wanted to bring it over to will have to be made. But tonight we Palestinian children that Zionism is ‘‘a my side of the aisle, and once again, are making the strong statement of political, aggressive and colonialist point out to my colleagues a bit of the support for Israel. movement, which calls for judaization history of the area. Mr. KINGSTON. Mr. Speaker, I of Palestine by the expulsion of its I think there are some people watch- meant to point out that the gentleman Arab inhabitants.’’ ing this issue around the Nation and from Mississippi (Mr. WICKER) as a They are taught in the book ‘‘Our also around the world who might be- member of the Committee on Appro- Country Palestine’’ by a banner which lieve or have us believe that somehow priations has supported consistently appears on a title page of volume 1 the lines of the nations were drawn and economic and military aid to Israel. reading, ‘‘There is no alternative to de- set in concrete back during the time Mr. DEUTSCH. Mr. Speaker, I yield stroying Israel.’’ when the super powers of this world de- to the gentleman from New York (Mr. Mr. Speaker, they are taught in the cided to impose an Israeli state or a ISRAEL) who, before he was in Congress, text ‘‘Our Arabic Language for 7th Jewish state upon the region, and that was intimately involved in issues re- Grade Part A,’’ in which one exercise everybody was all set and we kind of garding the Middle East. for students reads as follows: ‘‘Subject came in with Israel and upset the apple Mr. ISRAEL. Mr. Speaker, I thank for your composition: How will we lib- cart there in the region. the gentleman for his leadership on erate our stolen land? Make use of the

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.132 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1399 following ideas: Arab unity, genuine people of Israel to celebrate the mem- sador, Ricardo Alarcon, was an ‘‘armed faith in Allah, most modern weapons.’’ ory of all who lost their lives to aggression against the Arab people by That is on page 15. achieve Israel’s independence and those a most treacherous surprise attack in In Syria, fourth grade textbooks who continually work to ensure its ex- the Nazi manner.’’ label Zionism a colonial analogue of istence. Mr. Speaker, 7 years later Yasser Nazism. A tenth grade textbook labels As the State of Israel faces enduring Arafat was enthusiastically received in Jews ‘‘a menace that should be changes and challenges, it is our moral Havana and given Castro’s foremost exterminated.’’ The fact of the matter obligation to pay homage to their con- decoration, the Bay of Pigs Medal. is this: for as long as children are not tinual struggle for full recognition and These are just some of the bonds that taught science but are taught hatred, render our unequivocal support to our the United States and Israel share, a are not taught math but are taught de- only democratic ally in the Middle history, a struggle, a commitment to struction, are not taught technology East, and that is Israel. freedom, to democracy, which have for- but are taught how to strap bombs to The United States has a shared tradi- ever intertwined our destiny. May this their chests and blow up innocent civil- tion of democracy with Israel, creating anniversary of Israeli Independence ians, for as long as they are not taught a long-standing history of mutual sup- Day mark an end to violence and to the literacy and job creation and job ex- port and enduring friendship which has suffering on all sides and usher in a pansion, and not given the tools to ex- helped us overcome many difficult mo- new era of peace, stability, security pand the middle class and bring pros- ments. and hope. May that be the case for all perity into their own communities, for As Israel has always stood by our of us. as long as those lessons of hatred are side before the international commu- Mr. Speaker, I thank the gentleman taught, there will not be peace in the nity, at the U.N. and at the region, we for his time. I also had the pleasure to Middle East. must now ensure that our friend feels visit Israel with the gentleman from I am a strong supporter as a Demo- that support throughout these turbu- Virginia (Mr. CANTOR), who will speak crat of this administration’s policies in lent times in her history. shortly; and he has been to Israel many Afghanistan, and I am hopeful that the While Israel engages in rooting out times, and it was our pleasure to tour administration will also realize that terrorism at home, it has encountered many of those sites of destruction with our allies, our so-called allies in the nothing but distorted criticism around him, if that can be said to be a pleas- Middle East have to be judged not by the world. As we stand here, such ac- ure. It was a very moving time in meetings with Arafat, not by treaties, tions are taking place at the 58th ses- Israel’s future and in Israel’s presence, not by cease fires, but what they sion of the United Nations Commission to be there where those terrorist acts achieve in second grade classrooms. on Human Rights. Day after day, item took place and to lay a wreath in mem- That will be the measure of success, after item, debate after debate, Israel ory of the fallen civilians and soldiers and that should be the obligation of is berated and targeted by some of the who have given so much so that their our Arab allies in the Middle East. world’s most repressive regimes. It has homeland could remain free. I thank Mr. DEUTSCH. Mr. Speaker, I yield been particularly troublesome to see the gentleman, the gentleman from to the gentleman from Georgia (Mr. the U.N. High Commissioner for Florida (Mr. DEUTSCH), for the time, as KINGSTON) knowing that he is going to Human Rights, Mary Robinson, engage well as the gentleman from Georgia introduce the gentlewoman from Flor- in this process referring to well-known (Mr. KINGSTON). ida (Ms. ROS-LEHTINEN). I believe there terrorist organizations as humani- Mr. DEUTSCH. Mr. Speaker, I thank is no one in this Congress who is more tarian or human rights entities, legiti- the gentlewoman. Again, the commit- personally committed to Israel’s sur- mizing their violence against the ment of the gentlewoman from Florida vival than her, and I have traveled to peaceful Israeli people rather than pro- (Ms. ROS-LEHTINEN) is so heartfelt and Israel with her and I have seen her ac- viding a balanced and objective presen- so real. For all Israelis who met her, I tion, her feeling. And especially from tation of the situation on the ground. believe they felt that at the same time. someone with her background who Such behavior does not further the Mr. Speaker, I yield to the gentleman knows what terrorists have done and goal of peace and only serves to under- from New Jersey (Mr. ROTHMAN), who can do throughout the world. mine the great efforts by President has proven himself as perhaps the most Mr. KINGSTON. Mr. Speaker, I Bush, Secretary Powell and others to articulate Member of Congress in giv- thank the gentleman for those com- secure an end to the current violence. ing a historical and complete perspec- ments because I think as an American Throughout, the United States has tive, and those comments come from of Cuban descent, the gentlewoman spoken clearly and loudly to ensure members of my immediate family. from Florida (Ms. ROS-LEHTINEN) is in that the principles of justice and fair- a unique position as the gentleman ness are upheld, to ensure that Israel b 2015 said to have dealt with many of these could be heard, and that the truth, not I can even say that those comments issues that are difficult in a changing hyperbole and not incendiary rhetoric, come from members of my own imme- nation and changing people, and ter- would guide the actions of the inter- diate family. rorism and assaults to a different part national community. Mr. KINGSTON. If the gentleman of the globe. Mr. Speaker, the struggle for democ- will yield, I have to say that my moth- Ms. ROS-LEHTINEN. Mr. Speaker, I racy and the protection of civil lib- er, who is certainly my biggest fan, thank the gentleman, and it was my erties is a difficult one which the told me after last week’s special order great privilege to be on a trip to Israel Israeli people have endured and have that she thought the gentleman from with my dear colleague from Florida. embraced. New Jersey (Mr. ROTHMAN) did a much We certainly had an insightful look at Like them, my native homeland, the better job than I did. the military operations, the anti-ter- Cuban people are still struggling for Mr. DEUTSCH. I did not want to rorists and intelligence operations. the same, as the gentleman from Flor- mention which member of my family, There is a lot that is going on and a lot ida (Mr. DEUTSCH) pointed out, the sim- but it was as close as your mother as of positive things that are going on in ilarities between those two states. well. Israel right now. It is a shame that the Ironically, today, April 17, also I yield to the gentleman from New economy is suffering so much because marks the anniversary of the failed Jersey (Mr. ROTHMAN). of the terrible acts of the PLO against Bay of Pigs event to bring freedom and Mr. ROTHMAN. I thank both the the peaceful Israeli people. democracy to Cuba. After that ill-fated gentlemen, my friend from Florida It is with great honor that I join all moment in Cuban history, the terrorist (Mr. DEUTSCH) and my dear friend from of my colleagues here today in cele- regime in Havana went on to provide Georgia (Mr. KINGSTON). brating Israel’s independence day. This training camps for Israel’s enemies and Mr. Speaker, thank you for allowing day marks the establishment of the sent Cuban soldiers to fight against us to have this time tonight to further State of Israel, a day when a people Israel during the Six Day War. They discuss this issue with our colleagues found a homeland and fulfilled their did so because the Six Day War, ac- in the House and those watching at destiny. On this day we stand with the cording to Cuba’s then U.N. ambas- home.

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.134 pfrm02 PsN: H17PT1 H1400 CONGRESSIONAL RECORD — HOUSE April 17, 2002 Today we celebrate two anniver- kingdom called Palestine? Never ever sorbed by the surrounding Arab coun- saries, one a very happy one, and one a in the history of the world. Were there tries and welcomed in brotherhood and very, very sad one. ever people who called themselves the sisterhood? No. They were kept, these The happy one first. Here is the na- rulers of the Palestinian people? Never refugees from 1948, in squalid refugee tion of Israel, this orange little sliver ever in the history of the world, until camps. That was 55 years ago. They on the coast of the Mediterranean Sea. Yasser Arafat came along, almost at have still kept them there. Tiny little Israel. I know on maps on the end of the 20th century. By the way, in 1948 when Israel was television, sometimes you see just a The anniversary that is so sad is that established, in 1948, do you know how little portion and you think Israel is in 1947, a year before the United Na- many Jews were expelled from the this huge country. Take a look, my tions decided to create the Jewish Arab world? The same number. 800,000 colleagues and friends. This is Israel. homeland of Israel, they had already Jews from all over the Arab world, and This is Saudi Arabia. This is Iraq, divided their mandate and created there were Jews living in those lands Syria, Egypt here, Iran here, Oman, Trans-Jordan with two-thirds of the for centuries. When Israel was recog- Yemen, Kuwait. Do you see how small land that they were going to give to nized as a state by the U.N., as the Israel is compared to the rest of the the Jews, they took two-thirds of it Jewish state in 1948, 800,000 Jews from Persian and Arab world? Absolutely away and created Trans-Jordan, which the region were expelled and thrown tiny, is it not? They are outnumbered is now Jordan. out of their countries and they made more than 30 to one. Two-thirds of the land they were their way to Israel. Today is the 54th anniversary of going to give to the Jews. Did they What did Israel do? Did Israel put Israel’s founding. How did Israel come give it to the Palestinians, or the local them in refugee camps, squalid little to be founded? A long time ago, Turkey inhabitants in Jordan? No, they gave it camps to fester and be betrayed for 55 in the Ottoman Empire, the Ottoman to the Hussein family who came from years? No. Israel said, you are our Empire of Turkey was aligned with Arabia and they put them in power in brothers and sisters, even though your Germany in World War I. When the Trans-Jordan. Anyway, they did that lands were dispossessed and you were Germans lost World War I, despite the in 1946. thrown out of lands where you have help of their friends in the Ottoman Anyway, in 1947, the United Nations lived for centuries, we will take you in Empire, the Ottoman Empire lost all says, ‘‘Let’s have two states. We took and make you our citizens and take its territory to the Allies, the Ameri- two-thirds of the land away we were care of you. Meanwhile, the Palestin- cans, the British and the French. The going to give to the Jews, let’s take ians still rot in their refugee camps Ottoman owned much of the Middle the third we were going to give to the their Arab brothers and sisters have East, including this whole area. The Jews and divide that in half.’’ And they kept them in all over the Middle East. British were given control of what is said, ‘‘Let’s make Palestine,’’ the area What happened next of significance? now Israel and Jordan, the French were in gray, which goes from the top here In 1967, all the Arab nations sur- given Syria and Iraq, the English were of the present State of Israel all the rounding Israel invaded Israel again. given Egypt and Saudi Arabia. way near to the bottom. Jerusalem was They said to their Palestinian brothers A lot of people say, well, maybe not to be Israel’s capital as it is today. and sisters, ‘‘Don’t worry, we’ll drive Israel is some new country and that it It was to be an international city. The the Jews into the Mediterranean Sea. just started in the 20th century after yellow here and here and here was to You’ll get that Palestinian state. You World War I but, hey, those Arab na- be Israel. won’t have to live next to the Jews.’’ In tions and the Persian nation of Iran, What did the Jews say when they 1967, another miracle. Jews, out- they must have been around for cen- were presented in 1947 by the U.N. with numbered again, they survived. turies. So Israel must be some stranger this two-state solution? The Jews said, And what happened in 1967 after the to the region, some interloper. Nothing yes, we will, even though we were sup- war of defense, Israel said, ‘‘You know could be further from the truth. posed to get all of Jordan and all of what, we want to live in peace, Pal- Saudi Arabia used to be called Ara- this, you took two-thirds of the land estinians. Let’s negotiate so you can bia, until the English gave it to the away for Jordan and you want to divide have your own state.’’ What did the Saud family in 1932, and then it became this land in half, okay. We just want a Palestinians say in 1967 after they had Saudi Arabia in 1932. Iran, established homeland. And we will take half, the rejected statehood in 1947? They said, in 1925. Iraq, established 1932. Syria, es- half that you have set forth. ‘‘We won’t live with you. We don’t tablished 1946. Lebanon established What did the Palestinians and the want a two-state solution.’’ 1943. Egypt 1922. Jordan 1946. Israel whole Arab world say in 1947 when they The next significant event, not 1967, 1948. So they were all established about were offered a Palestinian state? They 1973, all the Arab armies around Israel the same time. said, no, we don’t want to live next to again, 1973, invade Israel, they are Israel since it was founded in 1948, a Jewish state even though there is no going to drive the Jews into the sea. recognized by the League of Nations as other Jewish state in the world, let What happened then? Another miracle, the Jewish homeland, the British said alone in all of Arabia. Look at little the Jews survived. they wanted it to be a Jewish home- tiny Israel. They said, We don’t want Go back to the year 2000. Bill Clinton land after World War I in the Balfour to live next to a Jewish state, and they brings Yasser Arafat and Prime Min- Declaration, the League of Nations said no. So a year later, the U.N. said, ister Barak from Israel to Camp David said it should be a Jewish homeland. okay, then we will make the whole where Prime Minister Barak says, The United Nations in 1948 said it thing the Jewish homeland, the state ‘‘You know what, we’re going to try should be a Jewish homeland. So when of Israel. again, Palestinians. We’re ready to all these other countries were created, And what happened in 1948, the anni- give you your own state on the West they created the country of Israel in versary of independence for Israel we Bank and the Gaza. We’re ready to give 1948. Happy anniversary, happy birth- celebrate today? All of the armies sur- you your capital in Jerusalem, two- day, Israel, America’s best friend, most rounding Israel, Egypt, Jordan, Syria, thirds of East Jerusalem.’’ They are strategic ally in the Middle East. Lebanon and Iraq invaded in 1948. They willing to give the Palestinians 97 per- America’s forward battleship of mili- told their Arab brothers and sisters cent of what they wanted or what they tary intelligence, cultural values, de- who were living inside the land, said they wanted. Remember, for the mocracy. ‘‘Leave. Flee. We’ll drive the Jews into first time in human history a losing What is the sad anniversary that we the sea. You’ll have the whole thing to army, who lost four wars, gets offered celebrate today? A year before 1948, yourself. You won’t have to have a two- 97 percent of what it tried to get ille- there was another offer made. You no- state solution. It will all be yours.’’ A gitimately. tice you do not see Palestine or the miracle happened. The scrawny bunch What did Yasser Arafat say to such Palestinians on this map of the Middle of Jews that were there with no arms an offer in the year 2000 at Camp East. But was there ever a country but only the will to fight defeated all David? He did not say a word. Not only called Palestine? Never ever in the his- of those armies. The 800,000 people, the did he not accept the deal of 97 percent, tory of the world. Was there ever a Palestinians who left, were they ab- he did not even present a counteroffer.

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.136 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1401 He left the negotiations, went back to be honored to yield to the gentleman land, one that is after our way of life, his home in Gaza and ordered the sui- more time when we have it, which will our freedom of choice, and our faith in cide bombing to begin, still in the be- be in a few minutes. If I do not, my our creator. lief, 55 years later, after an offer of a mother will kill me; and I understand Mr. Speaker, the State of Israel grew Palestinian state for the third time, if that Mr. DEUTSCH’s dad might get a lit- out of the ashes of the Holocaust, a he had to live next to a Jewish state of tle irritated himself. You are going to time in which the Jewish people suf- Israel, he did not want the deal. Get rid conclude, but you are not going to fered under an evil and a systematic of Israel altogether or no deal. He did leave. wickedness that killed 6 million inno- not care if his Palestinian people suf- Mr. ROTHMAN. I will not leave. cent people. To this day, Mr. Speaker, fered or not, how many children he Any nation that has said to Israel we the people of Israel continue to endure sent to die with bombs strapped to are ready to make peace with you, the wrath and hatred of so many of its their back, how many hundreds of Israel makes peace with them. Even a neighbors, as has been pointed out by thousands of Palestinian refugees now nation that attacks Israel and Israel my colleagues this evening. multiplied in numbers over 55 years defends itself, Israel gives back the The people of Israel continue to en- were going to rot in Palestinian ref- lands. It happened to Egypt when they dure on a daily basis what the people of ugee camps around the Middle East. He said they would make peace. It hap- our country endured on September 11. did not care. He would not live in peace pened to Jordan, who invaded Israel The atrocities, the death, the carnage next to the Jewish state of Israel. several times and lost. They finally that they must face on a daily basis That is where we are today, except made an agreement, King Hussein and brings us here this evening in soli- they intensified their suicide bombings the Israelis. Now they live in peace. darity. so that the Israelis have lost the equiv- What we need is a Palestinian leader- This great country, the United alent in American people, given the ship who wants to live in peace with States of America, was founded on the difference in population, small Israel the Jewish State. If they cannot do it, principle that all men are created and big United States, of about 25,000 the Arabs and the Persians, the Ira- equal, that they are endowed by their people in the last 18 months. Can you nians, they are not Arabs, they are creator with certain unalienable imagine, God forbid, if America lost Persians, so they tell me, and I accept rights, and among these are life, lib- 25,000 people to terror in the last 18 their great culture, should have the erty and the pursuit of happiness. months, what we would do? That is Palestinian people take yes for an an- As the legacy of those great 18th cen- what Israel is doing now, going into swer, and, after 55 years of rejecting tury Virginians who put forth those the areas controlled by Yasser Arafat, statehood, accept statehood for them- principles, we stand here tonight getting his weapons, getting his explo- selves and for America’s number one united in saluting our brethren in the sives. strategic ally in the Middle East, the State of Israel, those individuals who Did the Israelis who have a great Air only democracy in the Middle East, lit- never cease to assert their right to a Force and all kinds of bombs drop tle tiny Israel. For Israel’s sake, for life of dignity, freedom and honest toil bombs and destroy these villages en- the Palestinian people’s sake, for the in their national homeland. tirely, men, women and children with- world’s sake. f out regard? No. Could they have? Of Mr. DEUTSCH. Mr. Speaker, reclaim- SUPPORTING ISRAEL’S RIGHT TO course. They said, ‘‘We won’t kill inno- ing my time, I thank the gentleman. DEFEND ITSELF cent civilians, even though they are Again I would hope that the gentleman killing ours.’’ So they sent Israeli can continue to stay in the Chamber. The SPEAKER pro tempore (Mr. troops one by one, door by door to get Mr. Speaker, I yield to the gentleman AKIN). Under the Speaker’s announced specific terrorists. That is a democ- from Georgia (Mr. KINGSTON). policy of January 3, 2001, the gen- racy, with a moral sense, a moral code. Mr. KINGSTON. Mr. Speaker, I tleman from Georgia (Mr. KINGSTON) is And the number of civilian casualties thank the gentleman, and again want recognized for 60 minutes. in the Palestinian areas were mini- to commend the gentleman from New Mr. KINGSTON. Mr. Speaker, I mized. Even though in America when Jersey (Mr. ROTHMAN) on his excellent thank the Speaker for recognizing me we went into Afghanistan, unfortu- job, as usual. and want to immediately recognize my nately there were quite a lot of civilian I would ask the gentleman from Flor- friend from Florida (Mr. DEUTSCH). We casualties, but we did the same thing, ida to also yield the floor to a very are doing this hour on a bipartisan tried to minimize them as well. strong pro-Israel advocate who is also a basis tonight. The subject will con- What is left for us now? What is left freshman this year, the gentleman tinue as it did the past hour on our for us now is to have the Israeli people from Virginia (Mr. CANTOR). support for Israel’s right to defend root out, as President Bush said, bring Mr. DEUTSCH. Mr. Speaker, I yield itself. to justice, or to bring justice to those to the gentleman from Virginia (Mr. With that, let me yield to me friend, who have slaughtered their babies in CANTOR). the gentleman from Florida (Mr. school buses, in nursery schools, in Mr. CANTOR. Mr. Speaker, I thank DEUTSCH). pizza parlors, in cafes, on the streets my colleague from Georgia for his lead- Mr. DEUTSCH. Mr. Speaker, again, I and supermarkets. ership on this issue and certainly my appreciate this. I know in the last hour colleague from Florida for his steadfast several additional colleagues have b 2030 leadership and for the incredible joined us, and I look forward to hearing Twenty-five thousand, the equivalent wealth of knowledge of my colleague from them over the next hour. of American lives in the last 18 months from New Jersey. I thank him as well. One colleague who has been very pa- alone. Yet the Israelis get the ammuni- It really is an honor for me to be here tient is one of the most knowledgeable tion, the terrorists, put them in jail, and to address this body on such an oc- Members in the Congress on the Mid- get the explosives, clean up the area, casion. We stand here to congratulate east, again someone who has been ac- and, then, finally, hope that the Pales- and join in celebration with the people tive in Middle Eastern issues and con- tinian people will finally accept an of Israel on the 54th anniversary of the cern far before he entered the Congress, offer that they have rejected since 1947: creation of the Jewish State of Israel. the gentleman from New York (Mr. accept your own state next to the Jew- It is particularly apt that we are here WEINER). ish State of Israel. Have your people as this country of ours, the United Mr. KINGSTON. Mr. Speaker, I yield live in peace and prosperity. Just say States, is picking itself up, putting to the gentleman from New York (Mr. you will live in peace. things back in order, from the horrific WEINER). Mr. DEUTSCH. If the gentleman terrorist attacks on September 11 that Mr. WEINER. Mr. Speaker, I want to would try to wrap up, we will have killed thousands of innocent Ameri- thank the gentleman from Florida and some more time. I know there are a cans. On that day we realize that we the gentleman from Georgia for once couple of other gentlemen. shared a common enemy with the peo- again organizing this. Mr. KINGSTON. If the gentleman ple of Israel, an enemy that is as des- There is a period of time between the will yield, I will certainly say we will picable as any we have seen in our commemoration of the anniversary of

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.138 pfrm02 PsN: H17PT1 H1402 CONGRESSIONAL RECORD — HOUSE April 17, 2002 the Holocaust and this period where we produce some unwanted fatalities; it is suicide bombers, there would not be a commemorate this evening the birth of going to produce some images that are moment of hesitation on the part of the State of Israel, and those two most troubling, particularly to those of the Palestinians to go in, regardless of things, of course, are inextricably us in a peace-loving nation. the destruction to the church. linked. We have heard over the course But unlike the way other wars have Not the case with the Israelis. And if of the last hour an extraordinarily been prosecuted, unlike the way we, for you question what I say, Joseph’s well-detailed, particularly by my example, in Afghanistan waged the war Tomb, a historic and important monu- friend from New Jersey, a detailed his- at Tora Bora, from the safety of the ment of the Jewish people, destroyed in tory of the last 44 years. skies, if you look at how the Russians October of 2000. An ancient synagogue I would like to spend just a moment waged war against Grozny, where there in Jericho, torn to the ground also in talking about some of the ways we, in is not even a single building left stand- October of 2000. You did not hear the our rush for the 24-hour news cycle, our ing in Grozny now, Israel made a dif- type of protestations we hear now. rush to try to understand things in 2- ferent and arguably the most compas- Yet what are the Israelis doing? Day minute blurbs, have drawn many of the sionate decision they could that they in, day out, soldiers, sometimes in the wrong conclusions about events going were going to go into places like pouring rain, encircling the Church of on today in the Middle East. Ramallah, go door by door, house by the Nativity, trying not to do any One of the things that is frequently house, looking for people who had harm to that location. In the mean- pointed to as a source of the problem made it their business to go into time, the terrorist are within. The that we currently face in the Middle discoteques and to go into Passover Israelis are waiting, and they are going East, people have pointed to the cur- seders with human bombs laced with to continue to wait until they emerge. rent leadership of Israel, Ariel Sharon, nails and ball bearings and blow inno- Finally, let me conclude the way I the Prime Minister, and said it is his cent civilians up. began, and I thank the gentleman from intransigence that has led to the explo- And what has been the result? Some Georgia and the gentleman from Flor- sion of violence. people say why Ramallah? What is it ida once again. There is a inextricable Well, to say that ignores the fact about that town that has made it the link between the history of Israel, the that in fact this intifada began shortly subject of these house-by-house history of the Jewish people, and their after Camp David II, on September 29, searches? birth as a state. 2000, a good 4 months before Sharon There have been 35 terrorist attacks On Saturday, April 13 in the New would even take office. Prime Minister originating from that city alone in the York Times, a gentleman named Dan- Barak, the person who was at Camp last 18 months; 417 Tanzim, all ele- iel Gordis wrote about what it is like David who had made the extraordinary ments of the Fatah movement con- to live in Israel right now and what it concessions that we have heard about trolled by Yasser Arafat, these are the is like to be celebrating Yom this evening, it was he, perhaps the people he has on the speed dial of his HaAtzmaut, which is the Hebrew word most flexible, some in Israel almost phone, have been operating out of for the commemoration of the birth of say too flexible, leader of Israel, that Ramallah. Israel, and Yom HaShoah, which is the was in power at the time that this ex- This is a place where two IDF reserve commemoration of the HaShoah. plosion of violence began. soldiers in October of 2000 who Second of all, the notion that Ariel accidently took a wrong turn, and, just b 2045 Sharon’s government and the people of so you understand, these are reserve And he concludes his article, and I Israel are not willing to enter into an soldiers, these are 18- and 19-year-old would like to quote, and I will insert agreement to end the violence is not boys, who were serving their manda- the entire article in the RECORD. ‘‘On true. The Mitchell Plan, which was a tory service in the military, took a Tuesday night, my 12-year-old son, Avi, very long period of time headed up by wrong turn and were lynched and hung told me about a Yom Hashoah class former Senator Mitchell, included very from a Ramallah police station that discussion about whether the Holo- difficult concessions for Israel, includ- Israeli dollars paid to build. caust could happen again, a session he ing things such as they had to with- All of these things went oncoming said he found stupid. Why, I asked? Be- draw from settlements. from Ramallah. The Jerusalem cafe at- cause, we have a strong Army, he an- Israel has accepted it. It is the Pal- tack that killed 11 people and wounded swered. America is our friend, and look estinians that have said they will not. 50 took place in Ramallah. Well, door out there now. We take care of our- Why will they not? Because the first to door the Israelis have been going, selves.’’ element of the Mitchell Plan is there trying to find those that would do ‘‘The next morning I watched him has to be a cessation of violence and harm to their people. head off on his bike to school with then a cooling off period, a reasonable I would read a quote from Secretary pride, security and confidence. That is first step toward any peace plan. It is Rumsfeld talking about the necessity a lot more than Jewish kids in Europe the Palestinians that have rejected it. to sometimes go and get terrorists be- had a few decades ago, a lot more than Then came the Tenet Plan, where the fore they come and get your people. some Jewish kids have in Europe this CIA Director went there to try to nego- This is what he said on February 4, week. That is why we need this coun- tiate steps again to cool down the vio- 2002: try. That is why we will fight to keep lence. It was Israel who said we will ‘‘We have no choice. It is physically it.’’ agree to the Tenet Plan. We will agree impossible to defend at every time, in [From the New York Times, Apr. 13, 2002] to loosen up the restrictions at the bor- every location, against every conceiv- NEEDING ISRAEL der crossings, to allow commerce to able technique of terrorism. Therefore, move more freely, if the Palestinians if your goal is to stop terrorism, you (By Daniel Gordis) agree to stop the terrorism. Again, it cannot stop it just by defense. You can Tuesday was Yom Hashoah, Holocaust Re- was Israel who accepted and it was the only stop it by taking the battle to the membrance Day, an agonizing day. In the afternoon, at work, we gathered in a circle Palestinians who said no. terrorists where they are and going while some colleagues quietly read the So this idea that the present Govern- after them.’’ names of relatives who had been ment of Israel has been inflexible, in- I would argue, Mr. Speaker, that it is exterminated by the Nazis. Some had long transigent, and that is what has led to the Israelis that are the foremost prac- lists; one even brought pictures. During the the violence, is simply not. titioners today of that, the Bush Doc- ceremony, word spread that a group of Second of all, there have been some trine. Israeli Defense Force soldiers—13, it would terrible images on television about the Finally, there have been perhaps turn out—had been killed in an ambush in events that have gone on in the Middle some very troubling images of violence Jenin. Another, in Nablus, fell to friendly taking place around the Church of the fire. East and the efforts by the Israelis to It is hard to describe what 14 soldiers crack down on terrorism. Nativity, the birthplace of Jesus means in this small country. People make I would say at the outset, Mr. Speak- Christ. I have to say something very frantic calls to find out where their husbands er, no war is civilized. Whenever you honestly. If there were Israelis inside and fathers are. Then the hourly news an- are engaged in a war, it is going to that church surrounded by Palestinian nounces to the entire country the location

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.140 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1403 and time of each funeral. At such moments ‘‘We have no choice.... It is physically the museum, yet they all had strapped it feels that living here makes one part of an impossible to defend at every time in every to them M–16s. I thought, that is a very extended family. No one in that family location against every conceivable technique symbolic message for anybody going wants this war. But very few people here of terrorism. Therefore, if your goal is to through the museum, that it is the in- think we can do without it. Israelis under- stop [terrorism], you cannot stop it just by stand why we’re fighting. We also know why defense. You can only stop it by taking the tention of modern day Israel to never our soldiers are dying. There are significant battle to the terrorists where they are and let that sort of thing happen to them pockets of armed resistance in the Jenin going after them.’’—U.S. Secretary of De- again. camp, but there are also lots of civilians. So fense Donald Rumsfeld, February 4, 2002. So as we as America look at the we can’t just bomb from the skies. We send Mr. WEINER. Mr. Speaker, in this things in the Middle East, perhaps we soldiers house to house, only to watch as great House, we have always stood do not appreciate the fervency which Hamas fighters use those same civilians as the Israelis have in terms of fighting shields. On Tuesday we paid a heavy price. shoulder to shoulder from all parts of this country, Democrat and Republican for their independence here on Inde- We had 14 funerals because we won’t fight pendence Day of their continued state- this war the way the Russians fought in alike, strongly allied with the democ- Grozny or the way the United States fought racy in the Middle East, Israel, and hood because they have been through so much to get there. They cannot re- in Afghanistan—from the safety of the skies. with God’s good graces, I hope we stand treat at this point. I wanted to make Hardly a building in Grozny was spared in with her for at least another 44 years. the bombing; the Russians knew the price Mr. DEUTSCH. Mr. Speaker, I know I that point based on what the gen- they’d pay if they tried to fight on the tleman from New York (Mr. WEINER) street. If Israel hit a hospital from the skies had chills up my spine as the gen- tleman was speaking, he spoke so had said. the way that the Americans did not too long Now, having taken up some of the forcefully on the issue. ago in Afghanistan, just imagine the world’s time of the gentleman from Florida reaction. I yield back to the gentleman from Palestinians say we won’t let their ambu- Georgia, but knowing that he is going (Mr. DIAZ-BALART), I wanted to ask the gentleman to do something that he lances in Jenin. Yet two weeks ago Israeli to introduce the gentleman from Flor- never does here, and that is to tell us a soldiers stopped a Palestinian ambulance ida, I would say of the gentleman from with a child in the back on a stretcher, and little bit about his personal past. The Florida (Mr. DIAZ-BALART), I think he under him soldiers found an explosive belt. gentleman from Florida (Mr. DEUTSCH) stands almost alone in this Chamber, Palestinians say that we’re not letting them has touched on it, but I think that it but clearly in a unique position, as clear their dead from the streets. The Israeli qualifies the gentleman from Florida Army claims that’s a lie, that the Palestin- someone who is incredibly insightful (Mr. DIAZ-BALART) to speak on the sub- ians are leaving the bodies there inten- about world events and incredibly in- ject based on the gentleman’s family tionally for good footage on CNN. Who’s tell- sightful about the evil that exists in situation. If the gentleman does not ing the truth? I don’t know. the world, incredibly insightful about Last week, when the siege around the mind revealing some of that to us, I Church of the Nativity began, many Israelis what can be done to fight that evil, think it would be very helpful. understood why we couldn’t just shoot our and, in fact, has unfortunate personal Mr. DIAZ-BALART. Mr. Speaker, I way in, but the frustration was palpable. If it knowledge of it because of his back- thank the gentleman from Georgia, had been Israelis in a church, or a syna- ground and his family’s background. and also my good friend from south gogue, and Palestinians on the outside, how He has traveled to Israel with me on at Florida. It is a privilege for me, and I long would the siege have lasted? Everyone least 1 occasion, and I have seen his consider it a true honor, to be here this here knows the answer. When the Palestin- personal involvement, his personal ians burned down the synagogue at Joseph’s evening in solidarity with Israel. tomb in October 2000, the Vatican didn’t connection to the struggle of the peo- I have been an admirer for many speak up. When they later destroyed an an- ple of Israel. I am just very proud that years of the Jewish people. The gen- cient synagogue near Jericho, European lib- he is with us this evening on this Spe- tleman from Georgia (Mr. KINGSTON) erals didn’t lose sleep. cial Order. pointed out and talked a little bit The siege outside the church began in foul Mr. KINGSTON. Mr. Speaker, I cer- about my background. My family had weather. According to reports on Israeli tainly agree with those comments. The to leave the country that I was born in, radio, some soldiers stood for hours in the gentleman from Florida has been a driving rain, making sure that none of the Cuba, where I am in the fourth genera- armed Palestinians inside would escape. All true human rights leader, not just for tion of, in this instance, Cuban Amer- that afternoon, the residents of Bethlehem his part of the globe, but for the entire ican, fourth generation in our family of pointed at the rain and shouted: ‘‘Get out of world. public service which began in Cuba here. We hate you. The world hates you. And Before I yield the floor to him, when my great grandfather and his look, even the heavens hate you.’’ though, I wanted to say something brothers began fighting for independ- Maybe the world does hate us for having about what the gentleman from New the audacity to protect ourselves, for mean- ence there. And then my grandfather, York (Mr. WEINER) was saying in terms after independence, became a lawyer. ing it when we say ‘‘never again.’’ Maybe the of the little boy on the bicycle leaving world is secretly delighted that no war can He was a country lawyer in eastern be made to look civilized, so the Europeans with pride that Israelis could defend Cuba and was the lawyer for the Jewish and the Palestinians can point their fingers themselves and having so much more community in Banas, in eastern Cuba. at us and say, ‘‘See, they do it, too.’’ Then spirit than maybe generations before There was a very vibrant Jewish maybe what they did won’t seem so horrific, him on another continent. community in Cuba before the arrival so unforgivable. When I was in Jerusalem several of communism, a very vibrant, grow- One thing important to Jews is remem- years ago going through the Holocaust ing, prosperous, hard-working, honor- bering. We won’t forget the 20th century and Museum, certainly, one cannot go the world’s complicity, and when we recall able Jewish community in Cuba. Many this week, in which we buried 14 of our sons, through a Holocaust Museum without of them are in south Florida today, and brothers, husbands and fathers who didn’t having some emotional twisting in the gentleman from Florida (Mr. have to die except for our decision to do this your stomach, in your heart, and just DEUTSCH) and I have the privilege of fighting the hard way, we’ll remember the kind of a cascade of different thoughts knowing them and working with them world’s double standard. go through your mind, but one of the and really the honor of their friend- On Tuesday night, my 12-year-old son, Avi, more optimistic things that I saw was ship. told me about a Yom Hashoah class discus- actually at the end of the Museum, sion about whether the Holocaust could hap- What always amazed me about the pen again—a session he said he found ‘‘stu- there were some soldiers who were Jewish people, having lost the country pid.’’ Why? I asked. ‘‘Because we have a going through the museum. of my birth to totalitarianism, and strong army,’’ he answered, ‘‘America is our It happened that most of these sol- having lived and seen my country of friend, and look out there now—we take care diers were Israeli soldiers who were birth live through 43 years of totali- of ourselves.’’ women. As the gentleman from Florida tarianism, and as a child, having been The next morning I watched him head off knows, they are armed most of the in exile, a refugee from that totali- on his bike to school, with pride, security time, and it is almost a militia in that and confidence. That’s a lot more than Jew- tarianism, and having seen what 43 ish kids in Europe had a few decades ago. It’s everybody is in the Army at some years means in the life of human a lot more than some Jewish kids have in point in their lives. These young beings; 43 years in the life of a human Europe this week. It’s why we need this women were walking around in the mu- being, in the life of a family, are many country. And it’s why we’ll fight to keep it. seum, very casually, very focused on years.

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A17AP7.049 pfrm02 PsN: H17PT1 H1404 CONGRESSIONAL RECORD — HOUSE April 17, 2002 Obviously, in the life of a people, 43 who actually represents a district that tleman from Florida (Mr. DIAZ- years are but a point of reference. But does not have a single synagogue in it, BALART), just shared, a dream of some having seen that the Jewish people and yet he stands 100 percent behind 1,800 years of a people that never gave were forced out of their homeland and Israel’s right to defend herself. I think up on a vision, that never gave up on that somehow, due to an extraordinary it is just important that as we look at the idea of returning home. and admirable love of their country this, there are a lot of other Members So as we think of the reasons why and their nationality and their families in this 435-person body who have the the United States of America should and their traditions and their origins same sentiments that those of us who stand with Israel, Mr. Speaker, it be- and their customs and their religion, have been here tonight have been ex- gins with the fact that America estab- and much faith and, above all else, per- pressing, and yet, for one reason or an- lished Israel in 1948 in her homeland. severance, perseverance, the Jewish other, they are not with us tonight More than any other Nation, she is our people managed to remain a people, to physically, but they certainly are with ally. She is our friend in so many ways. survive during 1,800 years of exile, and us in spirit. It is a great representative We are the mentor, she is the mentee. then to finally, after 1,800 years of sampling. We entered into a partnership with exile, to be able to return to their Mr. DEUTSCH. Mr. Speaker, if the Israel in 1948 which, Mr. Speaker, at homeland and establish a modern-day gentleman will yield, I would point out the risk of becoming passionate and nation state, that is something that I that we literally, across the country, emotional, a partnership that could have always been in awe of and I ad- we have had Members throughout never be described as America becom- mire deeply. America today speak from the heart ing an honest broker, sliding to the So tonight, we stand here in this about what their connection and their middle of the table. From 1948 forward, great Congress saluting the people of hopes and their prayers are this America had one place at the table, Israel on the 54th anniversary of the evening. and it was standing like a protector establishment of their modernization Mr. PENCE. Mr. Speaker, I thank the and a provider over the right shoulder State after 1,800 years of exile. And gentleman for yielding, and I thank the of Israel. after the 1,800 years of exile, when the gentleman from Georgia (Mr. KING- So we stand with her because we Jewish people were able to return to STON) and the gentleman from Florida were there in the beginning. We stand their homeland and establish the mod- (Mr. DEUTSCH) for putting this Special with her because she is our ally. But ern State of Israel, the reality of the Order together. we also stand with Israel today because matter is that there has been too much As the gentleman from Georgia she is in trouble. She is beleaguered. violence and war and suffering and pain shared, I am a Christian, a conserv- Eighteen months of random violence that the Jewish people have had to suf- ative, and a Republican, in that order. since the Intifada began in the year fer, and we see it to this day. My faith trumps my philosophy, and 2000, and 400 citizens killed, thousands So this evening, not only do I con- my philosophy trumps my partisan- injured, millions distressed. Israel is sider it an honor to be here saluting ship, and it is from my faith and from ground zero in the war on terrorism. and a privilege to be here saluting my philosophy, as it is I believe for What better time to define the metes Israel because of and in commemora- many Christian Americans, that I be- and bounds of our relationship and our tion of her 54th anniversary as a mod- lieve a passion to this issue. Not just alliance than when our friend is in her ernization State, but also I stand to- during the present impasse have I been darkest hour? night in solidarity with the Jewish an advocate for Israel, but for many, I have been grieved, Mr. Speaker, by people, their right to live freely, their many years in and out of public life in the ambiguity of U.S. policy, particu- right to live as an independent, sov- central Indiana, I have, Mr. Speaker, larly during recent days. It seems to ereign, democratic state, and their been an advocate of the dream that is me America should stand, as we do, right to live in peace. So my hopes and Israel. astride the world as the lone super- my prayers go out to the Jewish people power, with our arms quietly folded, b 2100 with a fervent wish for peace and also with a tear in our eye for the suffering with a fervent statement of solidarity And it is a dream. I scarcely let a day of all of the people of the region, but and support. go by that I do not pray for the peace we should stand quietly while our One of the reasons why I have found of Jerusalem. I pray for security within friend does what needs to be done to it such an honor to be a Member of this her citadels, not just for the Jewish end the murdering in their own streets. Congress for the last 10 years is that people there, but for the people of So America should stand with Israel one of the issues that join us, one of every race and every creed who con- because she is our ally from her begin- the issues that unite us, whether we vene there. ning, and because she is distressed; are Republicans or Democrats or con- But when I say that Israel is a dream, also, because she is the only democracy servatives or liberals, is our support for I do not say that lightly, Mr. Speaker. in the Middle East. I have this idea, that friend of the United States, that Today, if I am pronouncing it right, we Mr. Speaker, that the people of the democracy in the Middle East that is celebrate Israel’s Independence Day, Middle East, as Prince Hassan of Jor- facing so many challenges, perhaps Yom HaAtzmaut. It is the 54th anniver- dan describes it, the people who live in more challenges now than ever before, sary of an extraordinary occasion in the arc of crisis from India to the West in some ways. So I respect the deci- human history. Coast of Africa, are a people capable of sions of the sovereign democratic state It was an occasion when, while it was democracy and self-government and of Israel. I, as a Member of this Con- done under the rubric of the United Na- civil liberties. gress, support and will continue to sup- tions and under the color of inter- I believe in that dream. And Israel, port Israel, and that, above all else, ob- national understandings, let there be as she did in 1948, rose out of the dust viously in addition to my expression of no mistaking it, the people of the of the Middle East and established that solidarity and admiration for the Jew- United States of America, by their be- the dream of democracy born on our ish people and for Israel, is what I neficence and good will toward a peo- shores in 1776 is not an American wanted to do this evening. ple, 6 million of whom had been slaugh- dream, it is a dream of all peoples of Mr. KINGSTON. Mr. Speaker, we tered by the Nazis in Central Europe, the world. With this, I close and yield thank the gentleman for sharing that chose to use their power in the world back to more eloquent colleagues. very personal, very, very credible testi- to replace this displaced people in their As I said in the beginning, Mr. mony. historic homeland. Speaker, I come from a Christian and a Mr. Speaker, our next speaker is a Never before, Mr. Speaker, does his- conservative perspective, and I believe gentleman, and we have had a good mix tory record an occasion where a nation that our administration and the lead- of people tonight. We have had Jewish, was born in a day until, in 1948, Israel, ers of our government would do well to Christian, Democrats, Republicans; we largely through the generosity of the reflect, yes, on the passion of elected have had Members that are Cuban people of the United States of America, leaders from the Jewish community at Americans originally, and now we have was born. And it was in every sense a all levels of government in America, a gentleman from Indiana (Mr. PENCE), dream. It was a dream, as the gen- but let them also reflect on the people

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.144 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1405 of Christian faith in America who cher- tween Natana and the West Bank is 12 relationship, any prospect for a final ish the dream of Israel, as the Bible miles. Twelve miles in my district status with someone who outright lies says, as the apple of God’s eye. would be the equivalent of from the to us when we know that that person is Because I believe it was from the city of Fort Lauderdale to north Miami lying? That is number one. hearts of people in the heartland of Beach, from Fort Lauderdale to Dade, The second incident over the last 12 America, places like the little buck- distances which people of south Florida weeks, which was really a watershed board churches that dot the landscape can appreciate how small they are. incident, was a sniper attack on the of my eastern Indiana district, it is the But again, why did Israel make those Israelis at a checkpoint, the Israeli sol- people that fill up those churches on incursions? They made those incur- diers. About six Israel soldiers were Sunday morning and Sunday night and sions really because of the chart on the killed in a matter of a couple of min- Wednesday night who give me, as I left, and also I am going to change utes. travel my district, time after time charts and add an additional chart For anybody who has been in Israel, standing ovations when I say America which we had showed earlier. What or just again, the map of the small size must have one position, and that is to Israel’s people had suffered, not just of Israel, once that occurred, those stand with Israel, unambiguously. over the last 18 months but dispropor- sniper attacks, those sniper rifles could And it is those people who believe in tionately over the last several months, shoot several miles, so with a line of that simple principle, that part of our is hard for us to comprehend the level, sight in the building we are in now, if prosperity, part of our own destiny, is again, based on the size of the country. someone was on the roof of this build- tied up in the belief that whoever One of the phenomena of 9/11, the at- ing with a sniper rifle, they could shoot blesses Israel will be blessed, whoever tack on the World Trade Center, the literally, God forbid, someone standing curses Israel will be cursed. Let it ever Pentagon, and the plane that crashed in the driveway of the White House be that our government expresses the in Pennsylvania, is most Americans in over a mile away. love that believing Christian Ameri- a sense were not just affected, but di- Now, once that occurred and no one cans have for Israel, that believing rectly affected. Most of us know some- was trying to prevent that, after those Jewish Americans have for Israel. Let one personally that had a tragedy that incidents occurred, the Israeli govern- this American government always occurred, and we have seen it. We have ment decided to go into some of these stand for that dream and that passion. literally felt it. communities and literally go house to It is hard for us to contemplate what Mr. KINGSTON. I thank the gen- house and wall-to-wall to do what no it would mean, again, with the com- tleman for those passionate, very good, one else was trying to do: to stop the parable numbers of seven 9/11’s in very clear words and that good mes- terrorism that was affecting their peo- America, literally seven 9/11’s, almost sage. Mr. Speaker, I yield to the gen- ple and killing their people on almost a on a daily basis not being able to go to tleman from Florida (Mr. DEUTSCH). daily basis. That is exactly what the the grocery store or to have a celebra- Mr. DEUTSCH. Mr. Speaker, I thank Israelis were doing; no less, no more tion, a bar mitzvah or a wedding with- the gentleman for yielding. This has than America did and America must do out an incredible concern of a violent been an evening where we have tried to in response to the attack on us on 9/11. elaborate on a couple of different attack. The suffering, the direct acts of ter- I think that is what the previous themes. rorism that Israel had been facing, speaker talked about, the ambiguity From a historical perspective, this is were unprecedented for any nation, for issue. There is united 100 percent sup- Israel’s Independence Day, but also we any nation. And can we expect any na- port in the United States of America try to share information, both with tion to do nothing? for President Bush’s efforts on the war those viewing and with other col- In the previous special order, I talked on terrorism, for the efforts of the leagues. about two watershed events that oc- American men and women who are I think one of the questions which is curred as recently as 3 months ago, 12 fighting that war in Afghanistan. And a basic question is why are the Israelis weeks ago. One was the Karine-A, the we are 100 percent, there is no daylight presently making incursions into ship that the Israeli commandoes com- between any of the 435 Members of this towns like Ramallah and Bethlehem mandeered, and it had over $20 million Chamber on that issue, because we un- and Nablus and Jenin. of sophisticated weapons from Iran derstand and we agree completely with I think one of the things, and I put that the Palestinian Authority bought. the President’s assessment of that this map back up just, again, to give a Now, originally, Chairman Arafat de- threat to America, and we agree with perspective which many, or in fact nied any involvement with that ship. the assessment of the threat to Amer- most, Americans have, but it is a per- His only plausible deniability, in a ica from Iraq and from Syria, from spective to think about, that the entire sense, was he was not on the ship. But North Korea, in terms of terrorism and state of Israel is about the size of New let me be specific. It has been discussed weapons of mass destruction. Jersey. In fact, my congressional dis- in the public domain at this point. We will do everything we can as a so- trict, the northern border of my dis- Both the Americans and the Israelis ciety and as a nation to prevent those trict is the Palm Beach County of Flor- had direct knowledge of Chairman Ara- things from happening. We will do any- ida; the southern border of my district fat’s personal involvement in the pur- thing. I think those people understand is Key West, Florida. In fact, the chase of those weapons. Again, as has that, because we have shown that we length of my district is longer than the been discussed in the public domain, will do anything. length of the state of Israel. Colin Powell called up Chairman b 2115 The reason I mention that is just the Arafat and said to him, why did you do size. If people have been to Israel, and this? These weapons were not rifles, There is no question that what is especially for the first time, the thing they were mortars, sophisticated mor- happening in Israel is a level of ter- that I think is so striking, besides the tars, sophisticated weapons. We have rorism unprecedented for a country. incredible sense that history is reality, seen pictures of them and a listing of Can we expect the Israelis to do any- that we can be on the steps Jesus those weapons. thing less than us? Can we expect them walked on, or we can see the wall of Chairman Arafat’s response to Colin to do anything? Can we ask them to do the temple, or we can see the city of Powell was, what weapons? What ship? anything less than us? If anything, Jericho, and look out where Moses was I had nothing to do with it. But again, what we should be doing is praising not able to enter the promised land but as I said, in the public domains, the them for those efforts, supporting them actually see the mountains, besides the Israelis and the Americans were aware for those efforts because those acts of historical reality of the sites of the of what occurred. Colin Powell said to terrorism must end. country is the size of the country. him, we are going to show you the evi- Those acts of terrorism, again, I People talk about neighborhoods like dence. The evidence was presented to think as has been pointed out by my Ilo or Pisgot sev as if they are far him. Yet, he then still said, what in- colleagues, are not just acts of ter- away. They are Jerusalem. Those are volvement? What ship? rorism against Israel. Make no mistake neighborhoods that are being shot at. If we think about that, how could we about it. Those acts of terrorism are Just the country itself, the area be- expect to have any negotiations, any not just acts of terrorism against

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.145 pfrm02 PsN: H17PT1 H1406 CONGRESSIONAL RECORD — HOUSE April 17, 2002 Israel. They are acts of terrorism mies invaded Israel, and they have not drive the Jewish state into the sea, against the United States of America, asked for it now, despite the seven 9/11s never. and when a bomb goes off in an Israeli of terrorism in the last 18 months Mr. KINGSTON. Mr. Speaker, I pizzeria, an Israeli cafe, an Israeli ban- alone. thank the gentleman and I wanted to, quet hall, the perpetrators of that ac- Israel does not want special treat- having grabbed the gentleman from tion are as much trying to kill civil- ment. Israel wants to be considered Florida’s (Mr. DEUTSCH) chart a second ians in Israel as they are trying to de- like all the other Nations of the world ago, I wanted to go ahead and resubmit stroy the United States of America, which it is. It certainly has all the le- this for the RECORD. As maybe as I will and what our actions should be as a so- gitimacy of any other nation in the read some of these key dates, anything ciety and as a country should be to pre- Middle East. Israel, recognized by the the gentleman wants to add, I will go vent that from happening because if we United Nations in 1948, all the major slowly, but I thought it would be good do not prevent it there, I think unfor- countries of the world agreeing, the if we had it on the comments the gen- tunately it is only a matter of time till Jewish state shall live. As they agreed tleman from New Jersey (Mr. ROTH- it comes here. Saudi Arabia should live in 1932, as MAN) was making. So we are brothers and sisters with Jordan should be created in 1946, as The history of Israel, 1917, the Bal- the people of Israel in this area. We are they said that Egypt should be recog- four declaration. fighting together this war of terrorism, nized in 1922, as Syria recognized in Mr. ROTHMAN. Mr. Speaker, that is and we should not be trying to stop it. 1946, as Iraq recognized in 1923, Iran when England said after World War I, We should be trying to help it for it to recognized in 1925 and Lebanon recog- we want to, just as we are giving Ara- come to a successful conclusion. nized in 1943, so too Israel should be bia to the Saud family and we are giv- Mr. KINGSTON. Mr. Speaker, I now and was recognized in 1948. ing Jordan to the Hussein family and yield to the gentleman from New Jer- So Israel’s no youngster. It is cele- creating all these countries, we think sey (Mr. ROTHMAN). brating its 54th birthday. What is left? there should be a Jewish homeland in Mr. ROTHMAN. Mr. Speaker, I thank Why is there still violence? this area of the world, which the Brit- the gentleman for yielding. Well, the Palestinian people and ish owned by virtue of getting it as in I want to build on what my col- their leaders, ever since 1947, when the spoils of war after World War I, leagues have been talking about for the they were offered half of the State of taking it from the Turks. last several minutes. When the gen- Israel, with the Jews having the other Mr. DEUTSCH. If I can just add, I tleman from Florida (Mr. DEUTSCH) half in 1947, a two-state solution of- think one of the important things to mentioned that there were the equiva- fered by the United Nations under U.N. note from an historical basis is that at lent of seven September 11’s in Israel in Resolution 181, in 1947, they were of- no time during that 1,800-year exodus the last 18 months, that is true, but it fered half of Israel. They rejected it, as was there not a Jewish presence in the would be seven September 11’s, not in a they rejected Israel’s offer of a two- area of Palestine or what has become country as big as America, but in a state solution in 1967, as they rejected the modern state of Israel. land and a State the size of New Jer- the offer of Israel for a two-state solu- Mr. KINGSTON. That is good to sey, seven September 11’s, God forbid, tion in the year 2000 at Camp David. point out. 1922, the British divide the within the size of the State of New Jer- Mr. KINGSTON. Mr. Speaker, re- mandate of Palestine. sey. claiming my time, I have Mr. 1947, the U.N. passes Resolution 181, By the way, just to remind every- DEUTSCH’s chart of some time, and the partition plan. body, look at how the sliver that Israel what I thought I would do since it ties Mr. ROTHMAN. Mr. Speaker, that is is along the Mediterranean. When we in with what my colleague is saying, I what we were just talking about, the compare it with Egypt and Jordan and was going to go down some of these 1947 partition plan that the Palestin- Saudi Arabia and Iraq and Iran, all dates. ians and the Arab world rejected when over here, Israel’s infinitesimal. Syria, Mr. ROTHMAN. That would be great, Israel would have been divided in half, Turkey, a sliver. if I could finish my line of thought. half Palestinian, half Jewish, with Je- For the last 54 years, Israel has been Mr. KINGSTON. Mr. Speaker, what I rusalem as an international city. They America’s number one ally in a very would like the gentleman to do is as I rejected it. They thought they would hostile region. More importantly, call these out, maybe underscore and just drive the Jews in the sea and have Israel has been America’s number one give some of his knowledge. it all. ally in an extraordinarily strategic re- Mr. ROTHMAN. That is kind of the Mr. KINGSTON. The 1948, Ben Gurion gion for the United States. As I said gentleman to say. I am going to finish declares Israeli independence, five sur- and as has been referred to before, my point, which is it breaks my heart, rounding Arab nations attack. Israel is America’s battleship of de- breaks the Israeli’s people’s heart. It 1956, the Sinai campaign. mocracy in a sea of totalitarians, dic- would break any person’s heart who Mr. ROTHMAN. Mr. Speaker, by the tators and murderous thugs. Saddam has any shred of decency that the Pal- way, the Sinai campaign refers to the Hussein, Syrian dictator, the mullahs, estinian leadership has turned down fact that in 1967, the surrounding Arab the religious councils in Iran who over- statehood for themselves and their peo- nations went to war with Israel again. rule their own democracy, the slaugh- ple since 1947, offered it in 1947, 1967, Mr. DEUTSCH. Mr. Speaker, if the ter that goes on by Lebanon which is and 2000. Does not it break my col- gentleman would yield, I would appre- now occupied by 45,000 Syrian troops. league’s heart, that they condemn ciate it. The world does not say a peep. their own men, women and children to This is a copy of a letter that the Does America’s best friend for the live in statelessness because they do Israeli troops in some of the locations last 54 years, Israel, by the way, who not want to live next to the Jewish the Palestinian Authority uncovered has the best voting record at the state recognized by the U.N., albeit the arjons. These are people who are saying United Nations in support of the tiny little Jewish state in a sea of Arab these are not accurate documents. I United States than any country in the Nations, Muslim Nations and Persian think that is hard to believe and not Middle East and all of Europe, Amer- Nations? credible at all in terms of where they ica’s best friend, state of Israel, do Breaks my heart and so we plead for have been found and the authenticity they ask America to go fight Israel’s the Palestinians to get themselves a of them. In fact, this particular one I battle? Have they asked for a single leadership that will, as Egypt did and do not think is even being challenged American soldier? No, they never have. as Jordan did, say they will live in at this point in time. They did not in 1948 when all the sur- peace with the Israelis for good, as The reason I think it is significant, rounding armies invaded Israel. They their neighbor and they will have their tied directly into the comments just did not in 1967 when all the sur- own state and peace, accept as their being made about 1947 is what is Chair- rounding Arab armies invaded Israel, own state that has been offered since man Arafat’s goal or the goal of the saying to their people we are going to 1947, as we say take yes for an answer. Palestinian authority. Is it peace with drive the Jews into the sea. They did The Palestinians will never drive Israel or the eradication of Israel? I not in 1973 when all the surrounding ar- America’s best friend Israel, will never think why this particular letter is so

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.148 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1407 significant is that it is a letter to the an umbrella group for a number of dif- the arrival area of Lod Airport outside of Tel Arabs who live in Israel. ferent so-called liberation groups, but Aviv; 26 were killed and 78 wounded, the ma- Israel is a Jewish state but has a sig- the Palestinians on one occasion re- jority American citizens. nificant population of nonJews who are Americans were murdered in numerous sorted to contracting out terrorists at- ways by PLO members. Eight were killed treated as equal citizens with equal tacks, notably when three members of when their Swissair jet was blown up rights, but what is significant is that the Japanese Red Army under the aus- enroute to Tel Aviv, others did in bus and this is a letter to the Arabs who live in pices of the PFLP carried out a deadly care bombings or were shot. Especially Israel that was circulated amongst the assault in the arrival area of Lod Air- shocking were the ax-murder of a student group in Israel, literally calling for a port outside Tel Aviv; 26 were killed (1975) and the brutal murder of Leon war, a violent war within Israel proper and 78 wounded, the citizens of Amer- Klinghoffer, a wheelchair-bound elderly tourist on the hijacked Achille Lauro (1985). today, not in the West Bank, not in ica being the majority. Gaza. But despite knowing the identities of at b 2130 least some of the perpetrators, and almost So I think that from the perspective always the organization they belonged to, of the Israelis and I think the real ‘‘Americans were murdered in numer- few have ever been arrested and none extra- question, this is concrete specific, in ous other ways by PLO members. Eight dited to the United States. Arabic to Arabs, what Chairman Ara- were killed when their Swissair jet was Perhaps if European counties had fought fat’s goals are, not an independent Pal- blown up en route to Tel Aviv; others Palestinian terrorism in its early days as estinian state living side by side with died in bus and car bombings or were strenuously as they did their own domestic Israel, but literally the eradication of shot. Especially shocking were the ax- terrorism, the Middle East might be dif- the state of Israel. ferent today, with the PLO a legitimate or- murder of a student (1975) and the bru- ganization headed by a Palestinian willing to Mr. ROTHMAN. Mr. Speaker, I think tal murder of Leon Klinghoffer, a live in peace with Israel. A few countries did that is a wonderful document that wheelchair-bound elderly tourist on fight the terrorists, particularly Great Brit- demonstrates why for 55 years now, the hijacked Achille Lauro (1985). But ain and Germany. But others—France, Aus- ever since 1947, the Palestinians still despite knowing the identities of at tria, Italy, Greece—not only did not pursue believe they will destroy Israel and not least some of the perpetrators, and al- Palestinian terrorists, they either made have to share this with Israel, but most always the organization that deals to avoid acts of terrorism on their own imagine if it was 55 years after the soil or simply caved in without pressure, they belonged to, few have ever been afraid of retaliation. American revolution and people came arrested and none extradited to the Rather than treat deaths caused by Pales- to war against us for four times. We United States.’’ tinian terrorists as criminal murder, they would say do you not get it. The reason that I thought Mr. viewed these abominations merely as ‘‘polit- One last thing, the Church of Nativ- Daugherty’s letter is important is that ical acts’’ by ‘‘freedom fighters,’’ and there- ity is being surrounded by Israelis be- this group, led by Arafat, has been fore excusable. cause there are 200 terrorists in there. around terrorizing lots of people for a Best known is the Achille Lauro event and the murder of passenger Klinghoffer. The They have offered the Palestinian ter- long time, and it has not been confined rorists in the Church of the Nativity terrorists, led by Arafat Protege Abu Abbas, to Israelis. surrendered to the Egyptians who, rather either surrender and come to trial with REMEMBERING THE MANY AMERICAN VICTIMS than prosecute them as required by the international observers of the trial or OF ARAFAT’S TERRORIST NETWORK international law, sent them on their way to we will let you go into exile in another It is worthwhile to remember that the Pal- Tunis—headquarters of a the PLO at the country. These Palestinian terrorist estinian Liberation Organization, under time—in an Egyptian jet. extremists are so radical they want to Yasser Arafat, has been a terrorist organiza- U.S. Navy aircraft intercepted the jet and rather die or kill Israelis or destroy the tion for nearly 35 years, and that it and its forced it to land in Italy. Immediately be- Church of the Nativity rather than go subordinate groups have murdered a signifi- hind was a transport with America’s elite into exile or to seek to go before an cant number of Americans during that time. Delta Force, to take custody of these terror- Yet not only have the tragedies been for- ists. Surrounding the jet with the terrorists, international trial. Delta then discovered that it was surrounded Mr. KINGSTON. Mr. Speaker, I want- gotten and the perpetrators mostly unpunished, Arafat, has been accorded head by Italian military forces. A firefight be- ed to also submit for the record an edi- tween allies seemed imminent, as the torial written by William Daugherty, of state status by many ‘‘civilized’’ nations, admitted as an Observer to the United Na- Italians refused to turn over the murderers. Eventually, four lesser terrorists were in- who is actually a former CIA employee tions, and permitted an office down the dicted by Italy (and treated with leniency), who was one of the Iranian captives in street from the White House. Leaving aside while Abbas and his second in command were 1979. He lives in Savannah, Georgia, for now any ‘‘blame’’ for contemporary mid- spirited away to Yugoslavia and thence to works for Armstrong Atlantic State dle East history, a review of terrorism Tunis. against Americans by the PLO will help University, but he had this letter in Elsewhere, France made deals with the Americans at least partially to understand the Savannah Morning News, and I deadly Abu Nidal Organization (not a PLO why Arafat has not been and cannot be a thought it was very good to remind group, to be sure) to avoid terrorism on its partner for peace. Americans, and I am going to read a territory; and when the ANO set of car The first American to be murdered by a bombs in Paris that killed and maimed sev- lot of this. PLO-sponsored group was Shirley Anderson eral hundred French citizens, the Socialist It is going to take a few minutes, but on June 17, 1969. Since then, PLO groups government of Francois Mitterrand still he was just saying that we are focusing have murdered more than 60 American citi- kept its end of the bargain. on the PLO as anti-Israeli force only zens and wounded at least as many. Among and what Dr. Daugherty says is, yet There are numerous other examples of Eu- the dead were two ambassadors, an Olympic ropeans aiding Palestinian terrorists, may they have killed Americans. The first athlete, tourists, business persons and stu- almost beyond comprehension (France re- American to be killed by a PLO-spon- dents. fused to arrest the mastermind of the Mu- sored group was Shirley Anderson June PLO terrorist groups, under the control of nich massacres and instead provided him 17, 1969. Since then the PLO groups Arafat or his chief subordinates were Black protection). But had a Europe, united by re- have murdered more than 60 Americans September, Force 17, and the Palestine Lib- vulsion at foreign-inspired terrorism, viewed eration Front. Black September was espe- and wounded at least as many. Among murder for what it was—a criminal vice po- cially close to Arafat, existing as a front for litical act—and proceeded to work to eradi- the dead were two ambassadors, an Arafat’s own ‘‘mainstream’’ Fatah, and led Olympic athlete, tourists, business per- cate it (while concurrently working with le- by Salah Khalaf (Abu lyad), his closest lieu- gitimate Palestinian groups to achieve a sons and students. tenant. Other groups existing under the PLO peace with Israel), the past 30 years might PLO groups under the control of umbrella with responsibility for American have been much different. Arafat or his subordinates were the casualties were the Popular Front for the Instead, the leader the PLO continues to Black September, Force 17 and the Pal- Liberation of Palestine, The Democratic kill and maim while hiding behind the facade estine Liberation Front. Black Sep- Front for the Liberation of Palestine, and of statesmanship. It is time to remember the tember was especially close to Arafat, the Popular Front for the Liberation of Pal- Americans who become victims of this ter- estine-Special Command. rorist and the dancing in the streets. existing as a front for Arafat’s own The Palestinians upon occasion further re- mainstream Fatah, led by one of his sorted to ‘‘contracting out’’ terrorist at- Mr. DEUTSCH. Mr. Speaker, I think closest lieutenants. tacks, notably when three members of the that is an incredibly important state- Then in this letter, I will not read all Japanese Red Army, under the auspices of ment because what we have acknowl- the umbrella groups that the PLO, as the PFLP, carried out a deadly assault in edged today is that Chairman Arafat

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.150 pfrm02 PsN: H17PT1 H1408 CONGRESSIONAL RECORD — HOUSE April 17, 2002 not only was a terrorist in the inci- portunity to have an interactive town Mr. KIRK, for 5 minutes, April 24. dents the gentleman was describing in meeting that will be available for peo- Mr. SWEENEY, for 5 minutes, April 24. the 1960s, 1970s and 1980s, but literally ple not just in Florida, but through Mr. WELDON of Florida, for 5 minutes, into the 21st century. And one of the satellite coordinants throughout the today and April 18. things that has been uncovered, again, country. If people have questions, the Mr. WELDON of Pennsylvania, for 5 are internal documents of the Pales- former American ambassador, Martin minutes, today. tinian Authority off of hard drives of Indyk, will be there. The e-mail ad- Mr. JONES of North Carolina, for 5 computers so it is not credible that dress to ask questions is minutes, April 18. this is not authenticated, real informa- [email protected]. The 800 Mr. SOUDER, for 5 minutes, today. tion. These are copies which literally number is 1–800–931–1303. The satellite f has Chairman Arafat’s signature. coordinants can be acquired through ADJOURNMENT These are two that are available, and our Web site. I welcome those com- these are specific requests of payments ments. Mr. KINGSTON. Mr. Speaker, I move for terrorists, for people who are en- Mr. KINGSTON. Mr. Speaker, in clos- that the House do now adjourn. The motion was agreed to; accord- gaged in specific acts of terrorism. ing, while the background of this con- ingly (at 9 o’clock and 37 minutes From the bar mitzvah ceremony, there flict is somewhat complicated, the p.m.), the House adjourned until to- are specific names of people and spe- moral dimensions are very, very clear- morrow, Thursday, April 18, 2002, at 10 cific amounts that Arafat personally cut. We have one side that sends sol- a.m. signed and approved, $600 per person. diers to wipe out suicide bombers; the The other chart is a list of 10 people, other side that sends suicide bombers f specific terrorists; and what is inter- to wipe out guests at bar mitzvahs. We EXECUTIVE COMMUNICATIONS, esting, the gentleman that sent the let- have one side that publishes maps ETC. ter was just captured by Israelis, and showing how an Israel and Palestinian Under clause 8 of rule XII, executive he viewed himself as working directly state can co-exist; the other side pub- communications were taken from the for Chairman Arafat. So the terrorism lishes a map which says Israel does not Speaker’s table and referred as follows: that is described is not terrorism of 5 even exist now. One side apologizes 6214. A letter from the Congressional Re- years ago or 5 months ago. The dates when its explosives kill wives and chil- view Coordinator, Animal and Plant Health are interesting, September 19, 2001, and dren of killers it targeted; the other Inspection Service, Department of Agri- this is January of 2002. side targets wives and children. One culture, transmitting the Department’s final The Arafat era is over, and I think side was grief-stricken on September 11 rule—Change in Disease Status of Austria there has to be an acknowledgment by and declared a national day of mourn- Because of BSE [Docket No. 02–004–1] re- the United States that that era is over. ing; and the other side danced in the ceived March 22, 2002, pursuant to 5 U.S.C. We have said repeatedly we cannot ne- 801(a)(1)(A); to the Committee on Agri- streets and distributed candies in cele- culture. gotiate with terrorists, and that in fact bration. One side has never deployed a 6215. A letter from the Congressional Re- is what Mr. Arafat is. We cannot nego- suicide bomber in its 54 years of exist- view Coordinator, Animal and Plant Health tiate with him. He cannot be a leader. ence; the other side has deployed more Inspection Service, Department of Agri- He cannot be a partner. The Pales- than 40 in the past 12 months alone. culture, transmitting the Department’s final rule—Change in Disease Status of Finland tinian people have a right to choose f their leader, but that leader cannot be Because of BSE [Docket No. 01–131–1] re- a terrorist if they expect to be a state. LEAVE OF ABSENCE ceived March 22, 2002, pursuant to 5 U.S.C. Mr. ROTHMAN. Mr. Speaker, it By unanimous consent, leave of ab- 801(a)(1)(A); to the Committee on Agri- culture. breaks our hearts for the Palestinian sence was granted to: 6216. A letter from the Congressional Re- people that they have refused to elect Mr. CLYBURN (at the request of Mr. view Coordinator, Animal and Plant Health leaders who will deliver them a Pales- GEPHARDT) for today on account of offi- Inspection Service, Department of Agri- tinian state. cial business in the district. culture, transmitting the Department’s final Mr. DEUTSCH. Mr. Speaker, it is not Mr. LATOURETTE (at the request of rule—Importation of Horses, Ruminants, that they have not, but they have not Mr. ARMEY) for today on account of at- Swine, and Dogs; Inspection and Treatment been given a choice. One of the things tending a funeral. for Screwworm [Docket No. 00–028–2] re- that has been pointed out on this floor ceived March 22, 2002, pursuant to 5 U.S.C. f 801(a)(1)(A); to the Committee on Agri- is that Chairman Arafat was supposed SPECIAL ORDERS GRANTED culture. to be the leader, and he was elected in 6217. A letter from the Congressional Re- 1996, but that term expired in 2000. In By unanimous consent, permission to view Coordinator, Animal and Plant Health 2000, there was supposed to be an elec- address the House, following the legis- Inspection Service, Department of Agri- tion that he did not allow to take lative program and any special orders culture, transmitting the Department’s final place. heretofore entered, was granted to: rule—Citrus Canker; Removal of Quar- Mr. ROTHMAN. Mr. Speaker, the (The following Members (at the re- antined Area [Docket No. 02–018–1] received question is what should Israel be doing quest of Ms. MILLENDER-MCDONALD) to March 22, 2002, pursuant to 5 U.S.C. now. Israel is doing now what the revise and extend their remarks and in- 801(a)(1)(A); to the Committee on Agri- culture. United States is doing now: protecting clude extraneous material:) 6218. A letter from the Congressional Re- its people from terrorists, and bringing Mr. LIPINSKI, for 5 minutes, today. view Coordinator, Animal and Plant Health justice to them or bringing them to Ms. WATSON of California, for 5 min- Inspection Service, Department of Agri- justice, until these people either will utes, today. culture, transmitting the Department’s final say we will live in peace with you, or Ms. NORTON, for 5 minutes, today. rule—Commuted Traveltime Periods: Over- they will be so disabled by our military Mr. PALLONE, for 5 minutes, today. time Services Relating to Imports and Ex- that they no longer threaten our men, Mr. ALLEN, for 5 minutes, today. ports [Docket No. 01–125–1] received March 22, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Ms. KAPTUR, for 5 minutes, today. women and children. That is what the Committee on Agriculture. Israel is doing. Mr. LANTOS, for 5 minutes, today. 6219. A letter from the Congressional Re- Israel, which has tremendous mili- (The following Members (at the re- view Coordinator, Animal and Plant Health tary intelligence-sharing with the quest of Mr. JEFF MILLER of Florida) to Inspection Service, Department of Agri- United States for 50 years, and provides revise and extend their remarks and in- culture, transmitting the Department’s final us with great military advantage in clude extraneous material:) rule—Origin Health Certificates for Live- the Middle East, only one of many rea- Mr. KNOLLENBERG, for 5 minutes, stock Exported From the United States sons they have been our best friend and April 24. [Docket No. 99–053–2] received March 22, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- remain our most important strategic Mr. JEFF MILLER of Florida, for 5 mittee on Agriculture. ally in the whole Middle East for the minutes, today. 6220. A letter from the Secretary of the last 55 years. Mr. HORN, for 5 minutes, April 24. Navy, Department of Defense, transmitting Mr. DEUTSCH. Mr. Speaker, tomor- Mrs. MORELLA, for 5 minutes, April notification that certain major defense ac- row evening I am going to have the op- 23. quisition programs have breached the unit

VerDate 11-MAY-2000 03:06 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K17AP7.152 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1409 cost by more than 15 percent, pursuant to 10 mitting the Department’s final rule—Air- 2120–AA64) received March 22, 2002, pursuant U.S.C. 2433(e)(1); to the Committee on Armed worthiness Directives; Pratt & Whitney to 5 U.S.C. 801(a)(1)(A); to the Committee on Services. PW4000 Series Turbofan Engines [Docket No. Transportation and Infrastructure. 6221. A letter from the Deputy Secretary, 98–ANE–66–AD; Amendment 39–12649; AD 6240. A letter from the Program Analyst, Department of Defense, transmitting a letter 2002–03–08] (RIN: 2120–AA64) received March FAA, Department of Transportation, trans- on the approved retirement of Lieutenant 22, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting the Department’s final rule—Air- General John L. Woodward, Jr., United the Committee on Transportation and Infra- worthiness Directives; Boeing Model 727 Se- States Air Force, and his advancement to structure. ries Airplanes [Docket No. 2001–NM–203–AD; the grade of lieutenant general on the re- 6232. A letter from the Program Analyst, Amendment 39–12663; AD 2002–04–06] (RIN: tired list; to the Committee on Armed Serv- FAA, Department of Transportation, trans- 2120–AA64) received March 22, 2002, pursuant ices. mitting the Department’s final rule—Air- to 5 U.S.C. 801(a)(1)(A); to the Committee on 6222. A letter from the Secretary, Depart- worthiness Directives; Bombardier Model Transportation and Infrastructure. ment of Defense, transmitting a letter on the CL–600–2B19 Series Airplanes [Docket No. 6241. A letter from the Chairman, Medicare approved retirement of General Thomas A. 2001–NM–155–AD; Amendment 39–12655; AD Payment Advisory Commission, transmit- Schwartz, United States Army, and his ad- 2002–03–14] (RIN: 2120–AA64) received March ting the Commission’s recommendations on vancement to the grade of general on the re- 22, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the study regarding the use of the physician tired list; to the Committee on Armed Serv- the Committee on Transportation and Infra- geographic adjustment factor for adjusting ices. structure. per resident payment amounts for dif- 6223. A letter from the Under Secretary, 6233. A letter from the Program Analyst, ferences among geographic areas in the costs Department of Defense, transmitting a letter FAA, Department of Transportation, trans- related to physicians training; jointly to the regarding the status of the Department’s re- mitting the Department’s final rule—Air- Committees on Ways and Means and Energy port for purchases from foreign entities for worthiness Directives; Bombardier Model and Commerce. FY 2001; to the Committee on Armed Serv- DHC–8–400 Series Airplanes [Docket No. 2001– f ices. NM–140–AD; Amendment 39–12653; AD 2002– 6224. A letter from the Special Counsel, Of- 03–12] (RIN: 2120–AA64) received March 22, REPORTS OF COMMITTEES ON fice of Special Counsel, transmitting the An- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the PUBLIC BILLS AND RESOLUTIONS nual Report of the Office of Special Counsel Committee on Transportation and Infra- Under clause 2 of rule XIII, reports of (OSC) for Fiscal Year (FY) 2000, pursuant to structure. 5 U.S.C. 1211; to the Committee on Govern- 6234. A letter from the Program Analyst, committees were delivered to the Clerk ment Reform. FAA, Department of Transportation, trans- for printing and reference to the proper 6225. A letter from the Chairman, United mitting the Department’s final rule—Air- calendar, as follows: States Postal Service, transmitting a copy of worthiness Directives; Short Brothers Model Mr. HASTINGS of Washington: Committee the annual report in compliance with the SD3–60, SD3–60 SHERPA, and SD3–SHERPA on Rules. House Resolution 390. Resolution Government in the Sunshine Act during the Series Airplanes [Docket No. 2001–NM–143– providing for consideration of the Senate calendar year 2001, pursuant to 5 U.S.C. AD; Amendment 39–12654; AD 2002–03–13] amendment to the bill (H.R. 586) to amend 552b(j); to the Committee on Government Re- (RIN: 2120–AA64) received March 22, 2002, pur- the Internal Revenue Code of 1986 to provide form. suant to 5 U.S.C. 801(a)(1)(A); to the Com- that the exclusion from gross income for fos- 6226. A letter from the Program Analyst, mittee on Transportation and Infrastruc- ter care payments shall also apply to pay- FAA, Department of Transportation, trans- ture. ments by qualified placement agencies, and mitting the Department’s final rule—Estab- 6235. A letter from the Program Analyst, for other purposes (Rept. 107–412). Referred lishment of Class E Airspace; Tipton Airport, FAA, Department of Transportation, trans- to the House Calendar. Fort Meade, MD [Airspace Docket No. 01– mitting the Department’s final rule—Air- f AEA–26FR] received March 22, 2002, pursuant worthiness Directives; Dornier Model 328–100 to 5 U.S.C. 801(a)(1)(A); to the Committee on and –300 Series Airplanes [Docket No. 2001– PUBLIC BILLS AND RESOLUTIONS Transportation and Infrastructure. NM–185–AD; Amendment 39–12656; AD 2002– Under clause 2 of rule XII, public 6227. A letter from the Program Analyst, 03–15] (RIN: 2120–AA64) received March 22, FAA, Department of Transportation, trans- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the bills and resolutions were introduced mitting the Department’s final rule—Estab- Committee on Transportation and Infra- and severally referred, as follows: lishment of Class E Airspace; Beebe Memo- structure. By Mr. YOUNG of Alaska (for himself, rial Hospital Heliport, Lewes, DE [Airspace 6236. A letter from the Program Analyst, Mr. MICA, Mr. OBERSTAR, Mr. QUINN, Docket No. 01–AEA–24FR] received March 22, FAA, Department of Transportation, trans- Mr. LIPINSKI, and Mr. CLEMENT): 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Department’s final rule—Air- H.R. 4466. A bill to amend title 49, United Committee on Transportation and Infra- worthiness Directives; Honeywell Inter- States Code, to authorize appropriations for structure. national Inc. (formerly AlliedSignal Inc. and the National Transportation Safety Board 6228. A letter from the Program Analyst, Textron Lycoming) LTS101 Series Turbo- for fiscal years 2003, 2004, and 2005, and for FAA, Department of Transportation, trans- shaft and LTP101 Series Turboprop Engines other purposes; to the Committee on Trans- mitting the Department’s final rule—Estab- [Docket No. 2000–NE–14–AD; Amendment 39– portation and Infrastructure. lishment of Class D Surface Area at Indian 12650; AD 2002–03–09] (RIN: 2120–AA64) re- By Mr. BLUMENAUER: Springs Air Force Auxiliary Field; Indian ceived March 22, 2002, pursuant to 5 U.S.C. H.R. 4467. A bill to provide for the duty- Springs, NV [Airspace Docket No. 02–AWP–2] 801(a)(1)(A); to the Committee on Transpor- free entry of certain tramway cars for use by received March 22, 2002, pursuant to 5 U.S.C. tation and Infrastructure. the city of Portland, Oregan; to the Com- 801(a)(1)(A); to the Committee on Transpor- 6237. A letter from the Program Analyst, mittee on Ways and Means. tation and Infrastructure. FAA, Department of Transportation, trans- By Ms. DEGETTE (for herself and Mr. 6229. A letter from the Program Analyst, mitting the Department’s final rule—Air- SHAYS): FAA, Department of Transportation, trans- worthiness Directives; Fokker Model F27 H.R. 4468. A bill to designate certain lands mitting the Department’s final rule—Air- Mark 050 Series Airplanes [Docket No. 2001– in the State of Colorado as components of worthiness Directives; McDonnell Douglas NM–332–AD; Amendment 39–12660; AD 2002– the National Wilderness Preservation Sys- Model DC–9–81, –82, –83, and –87 Series Air- 04–03] (RIN: 2120–AA64) received March 22, tem, and for other purposes; to the Com- planes, Model MD–88 Airplanes, and Model 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Resources. MD–90–30 Series Airplanes [Docket No. 2001– Committee on Transportation and Infra- By Mr. GREEN of Wisconsin: NM–114–AD; Amendment 39–12647; AD 2002– structure. H.R. 4469. A bill to provide for the duty- 03–06] (RIN: 2120–AA64) received March 22, 6238. A letter from the Program Analyst, free entry of a certain Liberty Bell replica; 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the FAA, Department of Transportation, trans- to the Committee on Ways and Means. Committee on Transportation and Infra- mitting the Department’s final rule—Air- By Mr. HERGER (for himself, Mr. TAN- structure. worthiness Directives; Airbus Model A300 F4– NER, Mr. PORTMAN, Mr. FOLEY, Mrs. 6230. A letter from the Program Analyst, 605R Airplanes [Docket No. 2000–NM–390–AD; JOHNSON of Connecticut, Mr. WELLER, FAA, Department of Transportation, trans- Amendment 39–12659; AD 2002–04–02] (RIN: Mr. COLLINS, Mr. MCINNIS, Mr. mitting the Department’s final rule—Air- 2120–AA64) received March 22, 2002, pursuant CRANE, Mr. HOUGHTON, and Mr. LEWIS worthiness Directives; Pilatus Britten-Nor- to 5 U.S.C. 801(a)(1)(A); to the Committee on of Kentucky): man Limited BN–2, BN–2A,BN–2B, BN–2T, Transportation and Infrastructure. H.R. 4470. A bill to amend the Internal Rev- and BN2A MK. III Series Airplanes [Docket 6239. A letter from the Program Analyst, enue Code of 1986 to expand the depreciation No. 2001–CE–31–AD; Amendment 39–12645; AD FAA, Department of Transportation, trans- benefits available to small businesses, and 2002–03–04] (RIN: 2120–AA64) received March mitting the Department’s final rule—Air- for other purposes; to the Committee on 22, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to worthiness Directives; McDonnell Douglas Ways and Means. the Committee on Transportation and Infra- Model DC–9, DC–9–80, and C–9 series air- By Mr. LINDER: structure. planes; Model MD–88 airplanes; and Model H.R. 4471. A bill to suspend temporarily the 6231. A letter from the Program Analyst, MD–90 airplanes [Docket No.97–NM–298–AD; duty on certain high tenacity rayon filament FAA, Department of Transportation, trans- Amendment 39–12658; AD 2002–04–01] (RIN: yarn; to the Committee on Ways and Means.

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By Mr. LINDER: H.R. 745: Mr. LAMPSON. SOUDER, Mr. SHOWS, Mrs. CHRISTENSEN, Mr. H.R. 4472. A bill to suspend temporarily the H.R. 875: Mr. BARRETT. THOMPSON of Mississippi, Mr. BLUMENAUER, duty on certain high tenacity rayon filament H.R. 997: Mr. MCGOVERN. Mr. ISTOOK, Mrs. THURMAN, Mr. SWEENEY, yarn; to the Committee on Ways and Means. H.R. 1011: Mr. VISCLOSKY, Mrs. MCCARTHY Mr. HANSEN, Mr. FLETCHER, Mr. DELAHUNT, By Mr. LINDER: of New York, and Mr. WICKER. Mr. DINGELL, Mr. ORTIZ, Mr. DICKS, and Mr. H.R. 4473. A bill to suspend temporarily the H.R. 1108: Mr. RAHALL. WALDEN of Oregon. duty on tire cord fabric of high tenacity H.R. 1143: Mr. THOMPSON of California, Mr. H.R. 3430: Mr. RODRIGUEZ, Mr. STENHOLM, rayon filament yarn; to the Committee on GRUCCI, and Mr. BISHOP. and Mr. BISHOP. Ways and Means. H.R. 1184: Mr. SANDERS, Mr. ENGEL, Ms. H.R. 3443: Mr. BISHOP. By Mr. MCCRERY: BROWN of Florida, Mr. TOWNS, and Mrs. H.R. 3482: Mr. SESSIONS and Mr. GALLEGLY. H.R. 4474. A bill to amend the Internal Rev- CHRISTENSEN. H.R. 3535: Mr. PITTS, Mr. SMITH of Michi- enue Code of 1986 to exclude income derived H.R. 1201: Ms. RIVERS. gan, Mr. TANCREDO, and Mr. TOOMEY. from certain wagers on horse races from the H.R. 1212: Mr. HAYES. H.R. 3561: Mrs. THURMAN. gross income of a nonresident alien indi- H.R. 1296: Mr. REYNOLDS. H.R. 3581: Mr. LARSEN of Washington. vidual; to the Committee on Ways and H.R. 1360: Mr. MENENDEZ, Mr. DOYLE, Mrs. H.R. 3585: Mr. FRANK and Mrs. MINK of Ha- Means. LOWEY, Mr. LARSON of Connecticut, Mr. waii. By Ms. NORTON: SHAYS, Ms. MCKINNEY, Mr. BLAGOJEVICH, Mr. H.R. 3741: Mr. BISHOP. H.R. 4475. A bill to amend the Internal Rev- KLECZKA, Ms. SOLIS, Mr. RANGEL, Mrs. H.R. 3764: Mr. MALONEY of Connecticut. enue Code of 1986 to promote the economic NAPOLITANO, and Mr. DICKS. H.R. 3777: Mr. HOEKSTRA, Mr. SCHAFFER, recovery of the District of Columbia; to the H.R. 1452: Mr. CONYERS. and Mr. OWENS. Committee on Ways and Means, and in addi- H.R. 1462: Mr. WALDEN of Oregon. H.R. 3799: Mr. GOODLATTE. tion to the Committees on the Judiciary, H.R. 1488: Mr. WEXLER. H.R. 3831: Mr. TANCREDO, Mr. HOSTETTLER, and Government Reform, for a period to be H.R. 1522: Ms. WOOLSEY, Mr. SANDERS, and Mr. PASTOR, Mr. BOUCHER, Mr. STENHOLM, subsequently determined by the Speaker, in Mr. COYNE. and Mr. GIBBONS. each case for consideration of such provi- H.R. 1581: Mr. LUCAS of Kentucky, Mr. TAU- H.R. 3962: Mr. JONES of North Carolina. sions as fall within the jurisdiction of the ZIN, and Mr. GOODE. H.R. 3974: Mr. LAMPSON. committee concerned. H.R. 1613: Mr. ISRAEL. H.R. 3990: Mr. MCGOVERN. By Mr. SANDERS: H.R. 1642: Mr. GUTIERREZ and Mr. WEXLER. H.R. 4002: Mrs. JONES of Ohio. H.R. 4476. A bill to expand the availability H.R. 1724: Mrs. WILSON of New Mexico. H.R. 4008: Mrs. MORELLA and Ms. SLAUGH- of oral health services by strengthening the H.R. 1733: Mr. SANDERS and Mr. LYNCH. TER. dental workforce in designated underserved H.R. 1822: Mr. BARRETT, Mr. HALL of Texas, H.R. 4013: Mr. WELDON of Florida, Mr. areas; to the Committee on Energy and Com- and Mr. MASCARA. HOEFFEL, Mr. LANTOS, Mr. STUPAK, Mrs. merce. H.R. 1948: Mr. HEFLEY. MINK of Hawaii, and Mrs. KELLY. By Mr. SENSENBRENNER (for him- H.R. 1983: Mr. SAM JOHNSON of Texas. H.R. 4017: Mr. SHOWS. H.R. 2001: Mr. WALSH. self, Mr. HYDE, and Mr. SMITH of H.R. 4018: Mr. COOKSEY, Mr. KILDEE, Mr. Texas): H.R. 2143: Mr. BISHOP and Mr. LINDER. STENHOLM, and Mr. PASTOR. H.R. 4477. A bill to amend title 18, United H.R. 2161: Mr. DINGELL. H.R. 4027: Mr. HERGER. H.R. 2211: Mr. RANGEL. States Code, with respect to crimes involv- H.R. 4032: Mr. MCGOVERN, Mr. OWENS, Mr. H.R. 2316: Mr. CULBERSON, Mr. ROYCE, and ing the transportation of persons and sex STARK, Mr. BALDACCI, Mr. ENGLISH, Ms. Mr. ADERHOLT. tourism; to the Committee on the Judiciary. MCCOLLUM, Mr. FOLEY, Mr. LARSEN of Wash- H.R. 2405: Ms. MCKINNEY. By Mr. SESSIONS: ington, Mr. DAVIS of Illinois, Ms. KIL- H.R. 2482: Mr. BOSWELL. H.R. 4478. A bill to authorize the extension PATRICK, Ms. CARSON of Indiana, Ms. HAR- H.R. 2521: Mr. BISHOP. of nondiscriminatory treatment (normal MAN, Mr. GEORGE MILLER of California, Ms. H.R. 2527: Mr. MOLLOHAN and Mrs. trade relations treatment) to the products of SANCHEZ, Ms. JACKSON-LEE of Texas, and Ms. NAPOLITANO. the Federal Republic of Yugoslavia; to the BALDWIN. H.R. 2623: Mr. BISHOP. Committee on Ways and Means. H.R. 4069: Mrs. JOHNSON of Connecticut, H.R. 2624: Mrs. LOWEY and Ms. LOFGREN. By Mr. UDALL of Colorado: Mr. LANGEVIN, Ms. KAPTUR, Mr. OWENS, Mr. H.R. 2636: Mr. BISHOP. H.R. 4479. A bill to authorize the Small ABERCROMBIE, Ms. WATSON, and Mr. FROST. H.R. 2663: Mr. ISTOOK and Ms. WOOLSEY. Business Administration and the Depart- H.R. 4071: Ms. SCHAKOWSKY. H.R. 2683: Mr. PAUL, Mr. BRYANT, Ms. ROS- ment of Agriculture to assist farmers and H.R. 4073: Mr. PAYNE, Mr. GILMAN, Mr. LEHTINEN, Mr. SESSIONS, and Mr. INSLEE. ranchers seeking to develop and implement ROHRABACHER, Mr. WOLF, Ms. ROS-LEHTINEN, H.R. 2953: Mr. CALVERT and Mr. MEEKS of Mr. PITTS, Mr. TANCREDO, Mr. DINGELL, Mr. agricultural innovation plans in order to in- New York. crease their profitability in ways that also DIAZ-BALART, Mr. HILLIARD, Mr. H.R. 2982: Mr. SHERMAN, Mrs. CHRISTENSEN, provide environmental benefits, and for BLUMENAUER, Mrs. NAPOLITANO, Mrs. CLAY- Mr. HOLT, Mr. DOOLEY of California, Mr. other purposes; to the Committee on Small TON, Mr. MEEKS of New York, Mr. BERMAN, MOORE, Mr. BISHOP, Mr. TAYLOR of Mis- Business, and in addition to the Committee Mr. SANDERS, Mr. KING, and Mr. MCHUGH. sissippi, Mr. BLUNT, Mr. TOM DAVIS of Vir- on Agriculture, for a period to be subse- H.R. 4087: Mr. TOOMEY, Mr. DEMINT, Mr. ginia, Ms. SCHAKOWSKY, Mr. EDWARDS, Mr. quently determined by the Speaker, in each CHABOT, Mr. ISSA, Mrs. KELLY, Mr. THUNE, CARSON of Oklahoma, Mr. FARR of California, case for consideration of such provisions as and Mr. FERGUSON. Mr. HONDA, Mr. CARDIN, Mr. ABERCROMBIE, fall within the jurisdiction of the committee H.R. 4093: Mr. SERRANO. Mr. CHAMBLISS, Mr. THUNE, Mr. SKELTON, Mr. concerned. H.R. 4108: Mr. TIBERI. KIND, and Mr. CULBERSON. By Mr. WEINER: H.R. 4447: Mr. SHAYS. H.R. 3066: Mr. SAWYER. H.R. 4480. A bill to make local govern- H.R. 4448: Mr. SHAYS. H.R. 3109: Mr. MASCARA, Mr. KENNEDY of ments eligible to apply for and receive H.J. Res. 29: Ms. WATERS, Mr. DAVIS of Illi- Minnesota, and Ms. MCCOLLUM. grants under the DNA Analysis Backlog nois, Mr. LEWIS of Georgia, Ms. MCKINNEY, H.R. 3135: Mr. BROWN of South Carolina, Elimination Act of 2000, and for other pur- Mr. THOMPSON of Mississippi, Mr. HILLIARD, Mr. COOKSEY, Ms. HART, Mr. SCHAFFER, Mr. poses; to the Committee on the Judiciary. and Ms. LEE. WILSON of South Carolina, Mrs. By Ms. MCKINNEY: H.J. Res. 31: Ms. WATERS, Mr. DAVIS of Illi- CHRISTENSEN, Mr. FORBES, Mr. MCHUGH, Mr. H. Con. Res. 380. Concurrent resolution ex- nois, Mr. LEWIS of Georgia, Ms. MCKINNEY, SHIMKUS, Mr. TANCREDO, Mr. WELDON of pressing the sense of the Congress regarding Mr. THOMPSON of Mississippi, Mr. HILLIARD, Pennsylvania, Mr. HEFLEY, Mr. NEY, Mr. women with bleeding disorders; to the Com- and Ms. LEE. SESSIONS, Mr. SIMMONS, and Mr. VITTER. mittee on Energy and Commerce. H.J. Res. 40: Mr. LARSEN of Washington H.R. 3183: Mr. HEFLEY and Mr. SHOWS. and Mr. INSLEE. f H.R. 3231: Mr. RYAN of Wisconsin. H.J. Res. 83: Mr. MASCARA. H.R. 3238: Mr. PAYNE. H.J. Res. 85: Mr. EDWARDS. ADDITION SPONSORS H.R. 3244: Mr. EVANS, Mr. LUCAS of Ken- H. Con. Res. 296: Mr. GREEN of Wisconsin. tucky, Mr. MALONEY of Connecticut, Mr. Under clause 7 of rule XII, sponsors H. Con. Res. 301: Mr. SHUSTER and Mr. GEORGE MILLER of California, Mr. MOLLOHAN, were added to public bills and resolu- FORBES. Mr. MURTHA, Mr. OXLEY, Mr. WELDON of tions as follows: H. Con. Res. 346: Ms. DELAURO. Pennsylvania, Mr. BARRETT, and Mr. COX. H. Con. Res. 351: Mrs. CAPPS. H.R. 122: Mr. SHAW and Mr. DELAY. H.R. 3258: Mr. CALVERT. H.R. 144: Mr. BLUMENAUER. H.R. 3273: Mr. GANSKE. f H.R. 236: Mr. CUNNINGHAM. H.R. 3292: Mr. MOORE. PETITIONS, ETC. H.R. 510: Mr. GORDON, Mr. TERRY, and Mr. H.R. 3296: Mr. BLUMENAUER. BISHOP. H.R. 3335: Mr. FALEOMAVAEGA. Under clause 3 of rule XII, H.R. 634: Mrs. JO ANN DAVIS of Virginia, H.R. 3424: Mr. BALLENGER, Mr. UDALL of 55. The SPEAKER presented a petition of Mr. FORBES, and Mr. WILSON of South Caro- Colorado, Mr. ENGEL, Mr. DAVIS of Illinois, the City of Tamarac, Florida, relative to lina. Mr. PLATTS, Mr. QUINN, Mrs. LOWEY, Mr. Resolution No. R-2001-333 petitioning the

VerDate 11-MAY-2000 03:06 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\L17AP7.100 pfrm02 PsN: H17PT1 April 17, 2002 CONGRESSIONAL RECORD — HOUSE H1411 United States Congress to express condo- forts; expresses confidence in the Nation, of this Nation; which was referred jointly to lences on behalf of all Tamarac residents to President Bush, the administration and the the Committees on the Judiciary and Gov- the families of victims of the September 11th United States Congress in their war against ernment Reform. terrorist attacks; expresses support to the terrorism; and encourages the citizenry to citizens of New York in their rebuilding ef- bind together in the promises for the future

VerDate 11-MAY-2000 01:59 Apr 18, 2002 Jkt 099061 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\L17AP7.002 pfrm02 PsN: H17PT1 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, APRIL 17, 2002 No. 43 Senate The Senate met at 10 a.m. and was to the Senate from the President pro EXECUTIVE SESSION called to order by the Honorable tempore (Mr. BYRD). DEBBIE STABENOW, a Senator from the The legislative clerk read the fol- State of Michigan. lowing letter: NOMINATION OF LANCE M. U.S. SENATE, AFRICK, OF LOUISIANA, TO BE PRAYER PRESIDENT PRO TEMPORE, UNITED STATES DISTRICT The Chaplain, Dr. Lloyd John Washington, DC, April 17, 2002. JUDGE FOR THE EASTERN DIS- Ogilvie, offered the following prayer: To the Senate: TRICT OF LOUISIANA Dear God, it is with reverence and Under the provisions of rule I, paragraph 3, commitment that we address You as The ACTING PRESIDENT pro tem- of the Standing Rules of the Senate, I hereby pore. Under the previous order, the Sovereign of our lives and of our Na- appoint the Honorable DEBBIE STABENOW, a tion. Our forefathers called You Sov- Senator from the State of Michigan, to per- Senate will now go into executive ses- ereign with awe and wonder as they es- form the duties of the Chair. sion and proceed to vote on Executive tablished this land and trusted You for ROBERT C. BYRD, Calendar No. 760, which the clerk will guidance and courage. President pro tempore. report. We thank you that in 1787, at a piv- Ms. STABENOW thereupon assumed The legislative clerk read the nomi- otal moment at the Constitutional the chair as Acting President pro tem- nation of Lance M. Africk, of Lou- Convention, Benjamin Franklin’s con- pore. isiana, to be United States District victions led him to rise and speak these Judge for the Eastern District of Lou- now-famous words to George Wash- f isiana. ington: ‘‘I have lived, sir, a long time, The ACTING PRESIDENT pro tem- and the longer I live the more con- pore. The yeas and nays have been or- RECOGNITION OF THE ACTING dered. vincing proofs I see of this truth: that MAJORITY LEADER God governs in the affairs of men. If a The clerk will call the roll. sparrow cannot fall to the ground with- The ACTING PRESIDENT pro tem- The assistant legislative clerk called out His notice, is it probable that an pore. The acting majority leader is rec- the roll. empire can rise without His aid? I be- ognized. Mr. REID. I announce that the Sen- lieve that without His concurring aid ator from West Virginia (Mr. BYRD) we shall succeed no better than the f and the Senator from Minnesota (Mr. builders of Babel. We shall be divided DAYTON) are necessarily absent. by our partial local interests; our SCHEDULE I further announce that, if present projects will be confounded . . .’’ and voting, the Senator from Min- Lord, it is with the same emphatic Mr. REID. Madam President, under nesota (Mr. DAYTON) would vote ‘‘aye.’’ certainty that we echo his words of de- the previous order, the Senate will Mr. NICKLES. I announce that the pendence on You and we ask, Sovereign shortly begin a vote on a nomination of Senator from Tennessee (Mr. THOMP- Lord, that You would help us realize Lance M. Africk to be United States SON) is necessarily absent. Your best for America. In Your holy district judge for the Eastern District The result was announced—yeas 97, name. Amen. of Louisiana. Following that vote, the nays 0, as follows: Senate will resume consideration of f (Rollcall Vote No. 69 Ex.) the energy reform bill, the ANWR YEAS—97 PLEDGE OF ALLEGIANCE amendments now pending. Cloture was Akaka Cantwell Domenici The Honorable DEBBIE STABENOW led filed yesterday evening on each of the Allard Carnahan Dorgan the Pledge of Allegiance, as follows: ANWR amendments. Therefore, there Allen Carper Durbin Baucus Chafee Edwards I pledge allegiance to the Flag of the will be votes on these cloture motions this coming Thursday. Bayh Cleland Ensign United States of America, and to the Repub- Bennett Clinton Enzi lic for which it stands, one nation under God, Biden Cochran Feingold indivisible, with liberty and justice for all. f Bingaman Collins Feinstein Bond Conrad Fitzgerald f Boxer Corzine Frist APPOINTMENT OF ACTING RESERVATION OF LEADER TIME Breaux Craig Graham Brownback Crapo Gramm PRESIDENT PRO TEMPORE The ACTING PRESIDENT pro tem- Bunning Daschle Grassley The PRESIDING OFFICER. The pore. Under a previous order, the lead- Burns DeWine Gregg clerk will please read a communication ership time is reserved. Campbell Dodd Hagel

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

S2757

. S2758 CONGRESSIONAL RECORD — SENATE April 17, 2002 Harkin Lincoln Schumer Mr. MURKOWSKI. Mr. President, I ney, to fill a vacancy on the Fifth Cir- Hatch Lott Sessions Helms Lugar Shelby put our Members on notice, we have cuit but that nominee never received a Hollings McCain Smith (NH) probably 15 Members who want to hearing either. When President Bush Hutchinson McConnell Smith (OR) speak today. So I suspect we will be in took office last January, he withdrew Hutchison Mikulski Snowe rather late this evening. the nomination of Enrique Moreno to Inhofe Miller Specter Inouye Murkowski Stabenow The PRESIDING OFFICER. The Sen- the Fifth Circuit. The Senate has Jeffords Murray Stevens ator from New Mexico. moved quickly to confirm Judge Johnson Nelson (FL) Thomas Mr. BINGAMAN. Mr. President, I ask Armijo in New Mexico and Judges Mar- Kennedy Nelson (NE) Thurmond unanimous consent that I modify my tinez and Crane in Texas, who were Kerry Nickles Torricelli Kohl Reed Voinovich request, that after the Senator from among the very few Hispanic judicial Kyl Reid Warner Vermont and the Senator from Penn- nominees sent so far by this Adminis- Landrieu Roberts Wellstone sylvania and the Senator from Georgia tration to us. Leahy Rockefeller Wyden The Senate received Judge Africk’s Levin Santorum and the Senator from Kansas have all Lieberman Sarbanes spoken, that we go back on the bill, nomination the last week in January and his paperwork was complete on NOT VOTING—3 and that I be recognized to speak at that time on the amendment. March 6. Judge Africk was scheduled Byrd Dayton Thompson The PRESIDING OFFICER. Is there for the very next confirmation hearing The nomination was confirmed. objection? on March 19. He has been serving as a The PRESIDING OFFICER (Mr. BAU- Without objection, it is so ordered. federal magistrate in the Eastern Dis- CUS). The motion to reconsider is laid The Senator from Vermont. trict of Louisiana for more than a dec- upon the table. ade. Judge Africk is a member of the f f Federalist society and a registered Re- NOMINATIONS publican. His confirmation, along with LEGISLATIVE SESSION Mr. LEAHY. Mr. President, I thank that of Judge Clement, Judge Wooten The PRESIDING OFFICER. The Sen- my colleagues for their unanimous and in South Carolina, Judge Mills in Mis- ate will now return to legislative ses- positive vote on the last nominee. I sissippi, Judge Caldwell in Kentucky, sion. will bring everybody up to date. Judge Granade in Alabama, Judge The Senator from New Mexico. Today, the Senate is voting on the Hartz to the Tenth Circuit, and so f 44th judicial nominee to be confirmed many others, shows that the Senate ORDER OF PROCEDURE since last July when the Senate Judici- has been very accommodating to this ary Committee was reassigned new Administration’s conservative nomina- Mr. BINGAMAN. Mr. President, I ask members in connection with the reor- tions. unanimous consent that the Senator ganization of the Senate after the shift The Senate is making progress on ju- from Vermont, Mr. LEAHY, be allowed in majority. The confirmation of Judge dicial confirmations. Under Demo- to speak for up to 5 minutes, followed Africk will be the third district court cratic leadership, the Senate has con- by Senator MILLER from Georgia for 10 judgeship we have filled in Louisiana firmed more judges in the last nine minutes, followed by Senator ROBERTS and the seventh judgeship filled overall months than were confirmed in four from Kansas for 10 minutes. in the Fifth Circuit since July, includ- out of 6 full years under Republican Mr. REID. Mr. President, reserving leadership. The number of judicial con- the right to object. ing the first new judge for the Fifth Circuit in seven years. In fact, it was firmations over this time—44—exceeds The PRESIDING OFFICER. The Sen- the number confirmed during all 12 ator from Nevada. this Senate’s confirmation of Judge Edith Brown Clement last fall that cre- months of 2000, 1999, 1997 and 1996. Mr. REID. Mr. President, I ask unan- During the preceding 61⁄2 years in ated this vacancy, which we are now imous consent that the Senator from which a Republican majority most re- proceeding to fill without delay. Pennsylvania, Mr. SPECTER, be recog- cently controlled the pace of judicial In the past few months, the Senate nized for 5 minutes as in morning busi- confirmations in the Senate, 248 judges has also confirmed Judge Kurt ness. were confirmed. Some like to talk Engelhardt and Judge Jay Zainey to The PRESIDING OFFICER. The Sen- about the 377 judges confirmed during fill vacancies on the District Court for ator from Alaska. the Clinton administration, but forget Mr. MURKOWSKI. Mr. President, re- the Eastern District of Louisiana. The to mention that more than one-third serving the right to object, my concern Senate has confirmed Judge Michael were confirmed during the first 2 years is we have pending a cloture vote to- Mills to fill a vacancy on the District of the Clinton administration while the morrow at some time. I have no objec- Court for the Northern District of Mis- Senate majority was Democratic and sissippi. The Senate has also confirmed tion to accommodating my colleagues Senator BIDEN chaired the Judiciary to speak this morning, but I wonder if Judge Philip Martinez to fill a vacancy Committee. The pace of confirmations we could get some idea as to how to on the District Court for the Western under a Republican majority was proceed so that this would not take District of Texas and Judge Randy markedly slower—especially in 1996, away from the time before the pro- Crane to fill a vacancy on the District 1997, 1999, and 2000. posed cloture vote. I have no idea what Court for the Southern District of Thus, during the 61⁄2 years of Repub- time it would be. Texas. lican control of the Senate, judicial The PRESIDING OFFICER. The Sen- Of course many of the vacancies in confirmations averaged 38 per year a ator from Nevada. the Fifth Circuit are longstanding. pace of consideration and confirmation Mr. REID. Mr. President, I say to my Judge Clement was confirmed to fill a that we have already exceeded under friend from Alaska, the majority lead- judicial emergency on the Fifth Cir- Democratic leadership over these past er said that people can talk tonight as cuit. Judge Martinez and Judge Crane nine months in spite of all of the chal- long as they care to talk. He has not likewise filled what had been judicial lenges facing Congress and the Nation yet decided what time the cloture vote emergencies. These many vacancies during this period and all of the obsta- will be in the morning, but there and emergencies are the legacy of the cles Republicans have placed in our should be time to talk in the morning years of inaction. For example, despite path. also. the fact that President Clinton nomi- I ask myself how Republicans can Mr. MURKOWSKI. Then, I would nated Jorge Rangel, a distinguished justify seeking to hold the Democratic simply appeal to the majority leader, Hispanic attorney, to fill a Fifth Cir- majority in the Senate to a different who I see is on the floor, to allow us an cuit vacancy in July 1997, Mr. Rangel standard than the one they met them- additional time from whatever his time never received a hearing and his nomi- selves during the last 61⁄2 years. There may be, which we do not know. nation was returned to the President simply is no answer other than par- But to extend the courtesy, I have no without Senate action at the end of tisanship. This double standard is most objection. 1998. On September 16, 1999, President apparent when Republicans refuse fair- The PRESIDING OFFICER. Is there Clinton nominated Enrique Moreno, ly to compare the progress we are mak- objection? another outstanding Hispanic attor- ing with the period in which they were April 17, 2002 CONGRESSIONAL RECORD — SENATE S2759 in the Senate majority with a Presi- allow the Judiciary Committee to be until the 1-year anniversary of the re- dent of the other party. They do not reorganized after the shift in majority organization of the Senate and the Ju- want to talk about that because we last summer until July 10, 2001. During diciary Committee and we have al- have exceeded, in just 9 months, the that period, from 1995 through July ready exceeded the annual number of average number of judges they con- 2001, vacancies on the Courts of Ap- Court of Appeals judges confirmed by firmed per year. peals more than doubled, increasing our predecessors. The Senate in the They would rather unfairly compare from 16 to 33! last nine months has confirmed as the work of the Senate on confirma- When I became chairman of a com- many Court of Appeals judges as were tions in the past 9 months to a period mittee to which members were finally confirmed in all of 2000 and more than more than twice as long, the work of assigned on July 10, we began with 33 were confirmed in 1997 or 1999, and previous Senates and Presidents over Court of Appeals vacancies. That is eight more than the zero from 1996. entire 2-year Congresses. They say it is what I inherited. Since the shift in ma- Overall, in little more than 9 months, unacceptable that the Democratic-led jority last summer, five additional va- the Senate Judiciary Committee has Senate has not yet confirmed as many cancies have arisen on the Courts of held 16 hearings involving 55 judicial judges in nine months as were con- Appeals around the country. With this nominations. That is more hearings on firmed in 24-month-periods at other week’s confirmation of Judge O’Brien, judges than the Republican majority times. I would say it is quite unfair to we have reduced the number of circuit held in any year of its control of the complain that we have not done 24 court vacancies to 30. Senate. In contrast, one-sixth of Presi- months of work on judicial vacancies Rather than the 38 vacancies that dent Clinton’s judicial nominees—more in the little more nine months we have would exist if we were making no than 50—never got a Committee hear- had since the Senate reorganized. After progress, as some have asserted, there ing and Committee vote from the Re- all, we have already topped their ef- are now 30 vacancies—that is more publican majority, which perpetuated forts for 12-month periods and are still than keeping up with the attrition on longstanding vacancies into this year. hard at work. the Circuit Courts. Since our Repub- Vacancies continue to exist on the These double standards are wrong lican critics are so fond of using per- Courts of Appeals in part because a Re- and unfair, but that does not seem to centages, I will say that we will have publican majority was not willing to matter to Republicans intent on criti- now reduced the vacancies on the hold hearings or vote on more than cizing and belittling every achieve- Courts of Appeals by almost 10 percent half 56 percent—of President Clinton’s ment of the Senate under a Democratic in the last nine months. In other Court of Appeals nominees in 1999 and majority. words, by confirming three more nomi- 2000 and was not willing to confirm a Republicans have been imposing a nees than the five required to keep up single judge to the Court of Appeals double standard on circuit court vacan- with the pace of attrition, we have not during the entire 1996 session. cies as well. The Republican attack is just the matched the rate of attrition Despite the new-found concern from based on the unfounded notion that the but surpassed it by 60 percent. across the aisle about the number of Senate has not kept up with attrition While the Republican Senate major- vacancies on the circuit courts, no on the Courts of Appeals. This is a case ity increased vacancies on the Courts nominations hearings were held while of the arsonist coming forward and of Appeals by over 100 percent, it has the Republicans controlled the Senate saying: We need a better fire depart- taken the Democratic majority nine in the 107th Congress last year. No ment around here. Look at all these months to reverse that trend, keep up judges were confirmed during that time buildings that are burning down. All with extraordinary turnover and, in ad- from among the many qualified circuit these vacancies were there because Re- dition, reduce circuit court vacancies court nominees received by the Senate publicans refused to hold hearings on by almost 10 percent overall. Alter- on January 3, 2001, or from among the the Court of Appeals nominees. We are natively, Republicans should note that nominations received by the Senate on now holding such hearings. since the shift in majority away from May 9, 2001. The Democratic majority in the Sen- them, the Senate has filled more than The Democratic leadership acted ate has more than kept up with attri- 20 percent of the vacancies on the promptly to address the number of cir- tion and we are seeking to close the va- Courts of Appeals in a little over 9 cuit and district vacancies that had cancies gap on the Courts of Appeals months. This is progress. Rather than been allowed to grow when the Senate that more than doubled under the Re- having the circuit vacancy numbers was in Republican control. The Judici- publican majority. skyrocketing, as they did overall dur- ary Committee noticed the first hear- Just this week, the Senate confirmed ing the prior 61⁄2 years—more than dou- ing on judicial nominations within 10 Judge Terrence O’Brien to the United bling from 16 to 33—the Democratic-led minutes of the reorganization of the States Court of Appeals for the Tenth Senate has reversed that trend and the Senate and held that hearing on the Circuit by a vote of 98 to zero. His con- vacancy rate is moving in the right di- day after the Committee was assigned firmation was the eighth circuit court rection, down. new members. nominee to be confirmed in the little That is not to say that our job is That initial hearing included a Court more than nine months since I became completed, but a fair review of our ef- of Appeals nominee on whom the Re- Chairman this past summer. forts should acknowledge the progress publican majority had refused to hold a We have already confirmed eight we have made. It is not possible to re- hearing the year before. We held un- Court of Appeals nominees and held pair the damage caused by long- precedented hearings for judicial nomi- hearings on 11 Court of Appeals nomi- standing vacancies in several circuits nees during the August recess. Those nees. In comparable periods at the be- overnight, but we are improving the hearing included a Court of Appeals ginning of the Clinton administration, conditions in the 5th, 10th and 8th Cir- nominee who had been a Republican with a Senate majority of the same cuits, in particular. The confirmation staff member of the Senate. We pro- party as the President, the confirma- of Judge O’Brien this week made the ceeded with a hearing the day after the tions numbered only two and hearings second judge confirmed to the 10th Cir- first anthrax letter arrived at the Sen- were held on only three. In the com- cuit in the last 4 months. ate. That hearing included a Court of parable period during the administra- With this week’s vote on Judge Appeals nominee. In a little more than tion of George H. W. Bush, within the O’Brien, in a little more than nine nine tumultuous months, the Senate first 10 months the Senate had con- months since the change in majority, Judiciary Committee has held 16 hear- firmed only three Court of Appeals the Senate has confirmed eight judges ings involving 55 judicial nomina- judges and had hearings on only four. to the Courts of Appeals and held hear- tions—including 11 circuit court nomi- The facts on what Republicans are ings on three others. In contrast, the nees—and we are hoping to hold an- now calling the judicial vacancies cri- Republican-controlled majority aver- other hearing soon for half a dozen sis in our Courts of Appeals are impor- aged only seven confirmations to the more nominees, including another tant and startling. The Republican ma- Courts of Appeals per year. Seven. We Court of Appeals nominee. That is jority assumed control of judicial con- have confirmed eight circuit judges more hearings on judges than the Re- firmations in January 1995 and did not and there are almost 3 months left publican majority held in any year of S2760 CONGRESSIONAL RECORD — SENATE April 17, 2002 its control of the Senate. The Repub- The confirmation of Judge Africk service. He presents a true model of lican majority never held 16 judicial makes the 44th judicial nominee to be honor and professionalism to the bar. confirmation hearings in 12 months. confirmed since I became chairman Numerous letters of support have The Senate Judiciary Committee is last July, and I hope to confirm our poured into my office praising Lance’s holding regular hearings on judicial 50th nominee by the end of this month. qualities. Everyone who has ever nominees and giving nominees a vote I am extremely proud of the work this talked to me about Lance has used the in Committee, in contrast to the prac- committee has done since the change same words: fair, courteous, and intel- tice of anonymous holds and other ob- in the majority. I am proud of the way ligent. Not only does Lance possess structionist tactics employed by some we have considered nominees fairly and these values, but he has instilled them during the period of Republican con- expeditiously and the way we have in his family. His wife Diane and his trol. The Democratic majority has re- been able to report to the Senate so four children mean the world to him formed the process and practices used many qualified, non-ideological, con- and inspire his service. Today’s action in the past to deny Committee consid- sensus nominees to the Senate. in the Senate only confirmed what I eration of judicial nominees. We have Mr. HATCH. Mr. President, I sup- and everyone in Louisiana already moved away from the anonymous holds ported the nomination of Lance Africk knew; that Lance Africk will be an that so dominated the process from to be U.S. District Judge for the East- asset to the Federal Judiciary. 1996 through 2000. We have made home ern District of Louisiana. We need more people like Lance State Senators’ blue slips public for I have had the pleasure of reviewing Africk on the Federal Bench. He is a the first time. Judge Africk’s distinguished legal ca- true patriot who desires to serve his I do not mean by my comments to reer, and I have concluded that he is a country to the best of his ability. He appear critical of Senator HATCH. Many fine jurist who will add a great deal to recognizes the importance of our judi- times during the 61⁄2 years he chaired the Federal bench in Louisiana. cial system and has dedicated his life the Judiciary Committee, I observed Judge Lance Africk has an impres- to the system of laws that makes our that, were the matter left up to us, we sive record in the private and public country so unique. It is for these rea- would have made more progress on sectors. Upon graduation from the Uni- sons that I wholeheartedly supported more judicial nominees. I thanked him versity of North Carolina School of his nomination and am elated by the during those years for his efforts. I Law in 1975, Judge Africk clerked for action of the Senate today. know that he would have liked to have the Louisiana Fourth Circuit Court of The ACTING PRESIDENT pro tem- been able to do more and not have to Appeal before joining the New Orleans pore. The Senator’s time has expired. The Senator from Georgia. leave so many vacancies and so many firm of Normann & Normann as a civil nominees without action. attorney. In 1977, he moved to the Orle- f I hope and intend to continue to hold ans Parish District Attorney’s Office in TEACHERS hearings and make progress on judicial New Orleans and became director of Mr. MILLER. Madam President, I am nominees in order to further the ad- the Career Criminal Bureau, where he at heart a teacher. Perhaps it is ge- ministration of justice. In our efforts prosecuted criminal cases. From late netic, for I am the son of teachers. to address the number of vacancies on 1980 to mid-1982, Judge Africk worked Whatever its source, a commitment to the circuit and district courts we in- in private practice, representing plain- education runs deep in my soul. That is herited from the Republicans, the Com- tiffs and defendants in personal injury why, when I was Governor of Georgia, I mittee has focused on consensus nomi- cases and serving as corporate counsel. chose to focus on education, for all our nees for all Senators. In order to re- In August 1982, he joined the U.S. At- other challenges have at their root the spond to what Vice President CHENEY torney’s Office in New Orleans as an as- same solution: Children who are loved and Senator HATCH now call a vacancy sistant U.S. attorney and served with and children who are educated. crisis, the Committee has focused on distinction as chief of the Criminal Di- I believe education is everything. It consensus nominees. This will help end vision until 1990. As a State and Fed- is the educated individual who makes the crisis caused by Republican delay eral prosecutor, Judge Africk became this Nation stronger. It is the educated and obstruction by confirming as many an expert in drug and public corruption individual who adds to its wealth, pro- of the President’s judicial nominees as matters. During his legal career, he tects against enemies, carries forward quickly as possible. tried to judgment or verdict approxi- its ideals and faith. Most Senators understand that the mately 40 cases. Since 1990, Judge The Latin phrase ‘‘alma mater’’ more controversial nominees require Africk has served as U.S. Magistrate means ‘‘nourishing mother.’’ That is a greater review. This process of careful Judge for the Eastern District of Lou- pretty good description of what our review is part of our democratic proc- isiana, bearing responsibility for often schools should be for our children. ess. It is a critical part of the checks complex civil and criminal matters as- Within those schools, all education and balances of our system of govern- signed from the U.S. District Court. starts with the teacher standing at the ment that does not give the power to I have every confidence that Lance head of the child’s classroom. Teachers make lifetime appointments to one Africk will serve with distinction on are the world’s most noble creatures, person alone to remake the courts the Federal district court for the East- engaged in the world’s most noble pro- along narrow ideological lines, to pack ern District of Louisiana. fession. Teachers are the architects the courts with judges whose views are Ms. LANDRIEU. Mr. President, I am who guide and shape the building of outside of the mainstream of legal proud that the Senate today confirmed young lives. Teachers are the ones who thought, and whose decisions would Lance Africk for Federal District call forth the best from our children further divide our Nation. Judge for the Eastern District of Lou- and inspire them to reach new heights. The committee continues to try to isiana. Again, I must commend Presi- Teachers, I think we would all agree, accommodate Senators from both sides dent Bush for this nomination. He has are the key ingredient to improving of the aisle. The Court of Appeals chosen an exceptional man with a fan- education. nominees included at hearings so far tastic reputation for the Federal So if we are to build a first class edu- this year have been at the request of Bench. cation system in this country, we must Senator GRASSLEY, Senator LOTT, Sen- I cannot say enough about Lance. be able to attract and hold on to good ator SPECTER, Senator ENZI and Sen- Lance brings over 25 years of legal ex- teachers. Right now, we are losing that ator SMITH from New Hampshire—five perience to this job, and for the past 12 battle. We are losing that fight badly. Republican Senators who each sought a years, he has served as the U.S. Mag- Last year we set a new standard in prompt hearing on a Court of Appeals istrate for Civil and Criminal Matters. Federal aid for education with the pas- nominee who was not among those ini- His commitment to community and sage of President Bush’s far-reaching tially sent to the Senate in May 2001. country has permeated his career as an education reform bill. But while we Each of the previous 43 nominees con- Orleans Parish District Attorney, a have made big strides in Federal fund- firmed by the Senate has received the United States Attorney and most re- ing for education, we still have not unanimous, bipartisan backing of the cently as a Federal Magistrate. I know touched teacher salaries at the Federal Committee. that he looks forward to continuing his level. April 17, 2002 CONGRESSIONAL RECORD — SENATE S2761 I would argue that teacher pay is the hold than it does in a rathole. I call it put good teachers in their classrooms most important area of all education. the Thank You Teachers Tax Cut. Here and keep them there. It is also a Yet our teachers work in sometimes is how it would work. chance to help our deserving teachers. deplorable conditions and for little It would include every full-time It is the fastest, surest way to put pay. Public school teachers in America teacher, public and private, in every more money into their pockets imme- today make an average of $43,335 a prekindergarten and K through 12 diately. year. One would assume that about classroom. This tax cut would start im- Finally, this is a chance for the Sen- half of the States have teacher salaries mediately and would increase the ate, for the entire Congress, to say above the national average and the longer the teacher stayed in the class- thank you to our teachers. other half have teacher salaries below room. I yield the floor. that level. But actually, only 12 States, Teachers with fewer than 5 years in The ACTING PRESIDENT pro tem- plus the District of Columbia, have sal- the classroom, about 900,000 teachers, pore. The Senator from Kansas is rec- aries that are higher than the national would get a tax cut equal to one-third ognized. average. The other 38 States are below of their Federal income tax. Teachers f with 5 to 10 years of experience, also the national average. In fact, the dollar THE FARM BILL about 900,000 teachers, would get to gap between the lowest and the highest Mr. ROBERTS. Madam President, average salaries varies greatly from a keep two-thirds of what they would normally pay in Federal income tax. thank you very much. This is one of low of $30,265 in South Dakota to a those speeches I had not intended to high of $53,281 in New Jersey. Teachers with more than 10 years’ ex- perience—about 1.8 million teachers— make. I have to make it, but I would Sadly, our teachers have even lost fi- just as soon not make it. nancial ground over the past few years. would have no Federal income tax at all for as long as they stayed in the I rise today to provide a few com- In the past decade, teacher salaries ments on the situation we are facing rose only one-half of 1 percent when in- classroom. The Thank You Teachers Tax Cut regarding the farm bill and the possi- flation is taken into account. In many bility of an assistance package this States, teachers actually lost ground would mean immediate pay raises of between 5 and 15 percent. It would put year. My colleagues are working very to inflation. hard in the conference. I don’t mean to Today in this Nation, teacher sala- more money into teachers’ pockets each and every payday. It would imme- perjure anybody’s intent. These are ries account for a smaller proportion of friends of mine, and I know we have total education spending than they did diately give some equity to this noble profession. But it would be more than strong differences of opinion. But we 40 years ago. In 1960, the average edu- are in pretty rough shape for the shape cation expenditure devoted to teacher just more money. It would be a tan- gible show of our respect and our grati- we are in, in farm country, and we need salaries was 51 percent. Today it is 36.7 assurance that there will be an assist- percent, the lowest percentage since tude to this profession that is all too often taken for granted. ance package as of this year. records have been kept. So it would be a huge tax cut, more For several weeks now, I have been As a result, many of the best and than $16 billion a year at a minimum— warning that we need to either get a brightest of our young people today probably more, according to my very farm bill finished and apply it to this steer away from the classrooms to join rough math. But when we are talking year’s crop or pass an agriculture as- the ranks of better paying professions. about a projected budget for 2003 of sistance package, and then pass a new It has become clear that unless we in $2.085 trillion, $16 billion is not even 1 bill that goes into effect for the 2003 Congress take some drastic action, and percent of that budget. Don’t tell me crop. The thinking behind that is it is take it soon, this disparity will only we cannot tighten our belt that little better to pass a good bill than simply get worse because on the horizon omi- to help our teachers. disagree on a bad bill and try to expe- nous storm clouds loom darkly. We We all know our teachers are not dite that. must hire 2 million more teachers in paid adequately. They are not in my Prior to the Easter and Passover re- the next decade to keep up with new State and they are not in your State. cess, I introduced an assistance pack- students who are entering our schools. Some need more help than others. Mis- age that I said was a placeholder if a Where are we going to get all those sissippi has the lowest average salary bill could not be passed almost imme- new teachers? Where? for teachers in the South and South diately after the recess period. Well, it Enrollment at our colleges of edu- Dakota has the lowest paid teachers in is now April 17. We still have not cation is down 30 percent. Among those the Nation. I would plead for the lead- passed a bill. In fact, the negotiations who are willing to try teaching, 40 per- ers of both parties in this Senate to did break down yesterday, unfortu- cent leave the profession before the end support this tax cut. nately. of their fifth year. In some States, al- I also think our Nation’s Governors It seems clear that a bill will not be most 20 percent leave after just 1 year. would like this proposal for two rea- passed as of this week. Madam Presi- Most, of course, leave to pursue better sons: First, it does not interfere with dent, the clock, if not expired, is cer- paying careers. And who can blame the States’ rights to set teacher sala- tainly ticking. It is the 11th hour and them? It is a hollow message when we ries. But it does boost the bottom line 59th minute. It is time for us to admit constantly tell our teachers how in- for every State’s teachers, and that is what farmers and ranchers already valuable they are and then pay them so what is important. know: It is too late to pass a bill that little. Our Governors will also like it be- applies to this year’s crop. What can we do, and what can we do cause today, and especially in the next Consider these facts: quickly, to stop this brain drain from few years, that Pacman called Med- The 2002 wheat crop was planted last our schools? How can we make teach- icaid is going to gobble up State reve- fall and harvesting in the far southern ing more competitive with better pay- nues as never before. I warn you, that region will begin next month. ing professionals? I will tell you how will leave a much smaller pot of money Several crop reports in recent days we could have an immediate effect. Let available at the State level for teacher have said that 9 percent of the Nation’s our teachers keep more of their hard- pay raises. cotton crop is planted, including 37 per- earned money. I realize there are shortages in other cent in Arizona, 35 percent in Cali- I will be introducing a bill to give our important professions that have low fornia, and 13 percent in Texas, with teachers an immediate pay raise in the salaries and bad working conditions, the rest of the States starting to plant. form of a tax cut. Simply put, teachers and I have great sympathy for those Corn planting is 59 percent complete would keep more money in their pock- workers, too. But the long-term secu- in Texas; 25 percent in Tennessee; 3 et each payday and send less of it to rity of this Nation is wrapped up in our percent in North Carolina; 26 percent the IRS. They need this money back schools, and that is why this tax cut in Missouri; 17 percent in Kentucky; home more than we need it up here. for teachers is such an important one and in Kansas—yes, we grow cotton—11 And I guarantee you they will spend it now. percent. more wisely than we will. Hard-earned This tax cut is a chance to really Another article said corn planters money always goes further in a house- help our children by making sure we were already in the field in eastern S2762 CONGRESSIONAL RECORD — SENATE April 17, 2002 Iowa. And 43 percent of the sorghum pears the farm bill will not be com- and it is my hope that such a con- crop is planted in Texas and 18 percent pleted this week. We still have 8 or 10 ference would be convened at an early in Arkansas. Rice: Texas, 85 percent contentious amendments. They prob- time. It is my view that the so-called planted; Louisiana, 69 percent; 10 per- ably should not be part of the com- moderate Arab States have to become cent in Arkansas. modity title. involved, representing Palestinian in- Our producers and our bankers, lend- I am putting colleagues on notice terests, because of the difficulties of ers, must make planting and lending that as soon as the procedural situa- relying upon anything Chairman decisions. We cannot continue this tion allows, I will either ask unani- Yasser Arafat has to say. game of Charlie Brown, Lucy, and the mous consent that S. 2040—the supple- On March 26, 2002, I visited Israel and football. This will not work in farm mental bill I just referred to, which I talked to General Zinni, Prime Min- country. previously introduced—be pulled up ister Sharon, and Chairman Arafat. On Our producers have been told that and, hopefully, passed by the Senate or that day, the three were in agreement the bill could be completed prior to I will offer it as an amendment to any that they were very close to coming to Christmas, the bill could be completed bill under consideration by the Senate. terms on the so-called Tenet plan on right after the first of the year, the bill Madam President, it didn’t have to security arrangements. The very next would be completed by Easter, and the go down this road. I hope my Senate day there was a suicide bombing in bill would be completed by April 15. colleagues serving on the conference— Netanya at the Passover seder killing Quite frankly, we have people who good men and women all—can reach 27 Jews at prayer and wounding ap- crawl out of train wrecks faster than some accommodation by the end of this proximately 200 others. The whole situ- the farm bill conference is proceeding week and break this logjam or we are ation has deteriorated. in regard to the tough amendments going to have to go this route because In the intervening three weeks, evi- they must reconcile. My producers do we will be in a world of trouble in farm dence has come to light, purportedly not believe any predictions they hear country. We already are. bearing the handwriting of Chairman at this point. They now need to make I yield the floor. Arafat, that he personally was involved decisions forced by their lenders. The ACTING PRESIDENT pro tem- in paying terrorists. I have asked the I want to make it clear to colleagues pore. The Senator from Pennsylvania State Department for an analysis and that if we pass a new bill for this year’s is recognized. the verification that, in fact, it was crops, we are setting ourselves up for f Arafat’s handwriting, but on this state another disaster or supplemental bill of the record, it appears that was the SECRETARY POWELL’S MIDEAST this fall—even after spending $73.5 bil- case. lion in new funding for agriculture. Un- TRIP It is no surprise that Yasser Arafat is fortunately—and this is the one I want Mr. SPECTER. Madam President, I a terrorist. He was involved in the all farmers, ranchers, and agribusiness have sought recognition to comment murder of the United States charge to pay attention to—you are going to briefly on the trip to the Mideast by d’affaires in the Sudan in 1974. He was discover that in both House and Senate Secretary of State Colin Powell. involved with the murders of Israeli farm bill proposals, there will be no At the outset, I compliment Presi- athletes. He was involved with the supplemental AMTA statement, no dent Bush for his initiative in sending murder of Leon Klinghoffer who was market loss payment in September, as Secretary Powell to the region, and I pushed off the Achille Lauro. It was producers have grown accustomed to. compliment Secretary Powell for his hoped that a new page had been turned Instead, under the countercyclical strenuous efforts, even though they with the Oslo agreements. proposals in the two bills, producers have not achieved a cease-fire. As I lis- I was present on the White House and farmers could receive a portion of tened to Secretary Powell on his live lawn on September 13, 1993, when their countercyclical payment for newscast this morning at about 7 a.m. Arafat was honored at the White wheat in December, while other crops eastern standard time, it seemed to me House. I had grave reservations about would receive no assistance until next that his trip was worthwhile and seeing this known terrorist honored at spring. progress had been made, although it is that time, but I watched as President To put it another way, none of this difficult to quantify progress in the Clinton put his left arm around Arafat countercyclical assistance, after all Mideast because of the difficult and and his right arm around Prime Min- the talk we have heard in the last complex problems that are faced there. ister Rabin, and the two shook hands. years as to the current farm bill— I believe Israel has acted in self-de- Then, Foreign Minister Peres shook about the lack of a safety net and the fense in moving into Palestinian terri- hands with Arafat. It seemed to me need for countercyclical assistance— tories. It is the fundamental duty of a that if the Israeli leaders were prepared none of this assistance for the 2002 crop nation to protect its citizens. When to shake Arafat’s hand, where Israel will even go out until the spring of Israel has been faced by almost daily had been the principal victim of the 2003. When farmers discover this, there suicide bombings, that action is nec- terrorism, that was something we is going to be an outcry. That is why, essary, as viewed by the Israeli au- might move ahead with and try to deal in a recent poll, 70 percent of the farm- thorities. with Arafat. ers said about the supplemental in this The President did call upon Israel to I have had occasion to talk to Chair- crop bill: Put the new farm bill under withdraw several days ago—almost 2 man Arafat on a number of occasions 2003. weeks ago—and Israel has to make its over the years. Again, when I met with We are receiving indications that any judgments and decisions as a sovereign him on Tuesday, March 26, I urged him agreement on the farm bill will include nation. I do not think it should be to make a clear-cut, definitive state- much higher loan rates—most likely at viewed as a rebuke to President Bush ment denouncing terrorism and de- the expense of direct payments or the that Prime Minister Sharon and the nouncing suicide bombings. Chairman countercyclical payment. Israeli Cabinet saw it differently. Arafat said he would, but of course he It was 97 degrees in Dodge City 2 days President Bush made the judgment call has never done so. ago. That is pretty hot for Dodge. he did as he saw the interests of the It is a very difficult call to have U.S. Nearly 50 percent of our Kansas wheat United States and the interests of the negotiators or the Secretary of State crop has been rated at below favorable world community. I am sure he was or anyone meet with Arafat because of conditions and getting worse. My pro- considering Israel’s interests in that the outstanding evidence that he is ducers who may have no crop to har- mix. However, the judgment is up to still involved in terrorism, but that is vest—and that is the condition in Israel as a sovereign nation. It is un- a call the Secretary of State had to Texas, Oklahoma, Kansas, and Ne- derstandable that when they have vir- make, and I respect that. It seems to braska, moving north—will gain noth- tually daily suicide bombings, they see me that if the peace process is to go ing from higher loan rates. Loan rates it differently so as to protect their citi- forward, it is very difficult for Arafat don’t help if you don’t have a crop. zens. to be a major player or a major partici- This is a blueprint for disaster. We This morning, Secretary Powell re- pant because he is, simply stated, cannot continue down this path. It ap- ferred to an international conference, untrustworthy. April 17, 2002 CONGRESSIONAL RECORD — SENATE S2763 When Prime Minister Rabin made the Secretary Powell went to the Mideast, AMENDMENTS NOS. 3132 AND 3133 famous statement that we have to ne- he undertook very substantial risks. Mr. BINGAMAN. I thank the Chair. gotiate with our enemies, we have to Everyone cannot hit a home run every Mr. President, I welcome a chance to make peace with our enemies because time they go to bat, but I think the speak about the pending amendments. we do not need to make peace with our Secretary did a good job and made a There are two amendments that have friends, that set a parameter in a constructive step. Now it should be been proposed related to ANWR: statesmanlike way for the necessity for carried forward with a peace con- A first-degree amendment by my Prime Minister Rabin to deal with ference attended by other Arab leaders. friend Senator MURKOWSKI relates to Chairman Arafat and for us and others I thank the Chair and yield the floor. the proposal to open ANWR, the Arctic to have had talks with him. However, f National Wildlife Refuge area, to drill- on this state of the record, where it ap- ing, and the second-degree amendment pears that Arafat has been paying ter- NATIONAL LABORATORIES PART- by Senator STEVENS proposes to do rorists recently, it seems to me very NERSHIP IMPROVEMENT ACT OF that but also proposes a major relief hard to conduct negotiations with 2001 program related to the U.S. steel in- Arafat on the expectation that his The PRESIDING OFFICER (Mr. ED- dustry primarily. I will try to talk commitments will be observed. WARDS). The Senate will now resume about the ANWR-related provisions of We do have moderate Arab leaders. consideration of S. 517, which the clerk the bill, and particularly the energy as- We have King Abdullah of Jordan, a will report. pects of those today. man in his late thirties, heir to King The assistant legislative clerk read I oppose opening the Arctic National Hussein’s good work. We have King as follows: Wildlife Refuge to oil and gas develop- Mohamed of Morocco, another able A bill (S. 517) to authorize funding the De- ment, and there are many reasons why. young man in his late thirties who has partment of Energy to enhance its mission Some of those reasons relate to the en- the potential for leadership. We have areas through technology transfer and part- ergy security issues with which we are President Mubarak of Egypt. It seems nerships for fiscal years 2002 through 2006, trying to deal. Some relate to environ- to me that those are the leaders who and for other purposes. mental concerns. I am strongly com- ought to be convened. Pending: mitted, as I believe most Members of It would be my hope that Saudi Ara- Daschle/Bingaman further modified this body are, to our Nation’s energy bia would play a constructive role in a amendment No. 2917, in the nature of a sub- security, and the energy bill we have peace conference. The Saudis came for- stitute. put forward tries to emphasize domes- ward with a proposal which had merit Kerry/McCain amendment No. 2999 (to tic energy supply and the importance because it was the first time the Saudis amendment No. 2917), to provide for in- creased average fuel economy standards for of energy in national security. have said they would normalize rela- However, developing the oil and gas tions with Israel if Israel would recede passenger automobiles and light trucks. Dayton/Grassley amendment No. 3008 (to resources in this Coastal Plain of the to the pre-1967 borders. I do not think amendment No. 2917), to require that Federal Arctic Refuge, this area known as the it is possible to recede to those borders, agencies use ethanol-blended gasoline and 1002 area, is simply not a necessary but there had been negotiations be- biodiesel-blended diesel fuel in areas in component of a progressive energy pol- tween Israel and the Palestinians on which ethanol-blended gasoline and bio- icy for this country. The development borders, and I think an accommodation diesel-blended diesel fuel are available. of the Coastal Plain has been debated would be worked out. However, when Lott amendment No. 3028 (to amendment No. 2917), to provide for the fair treatment of in this country and in this Congress for the Saudis agreed to normalize and the nearly 40 years. Experts still disagree Syrians agreed with that, that was a Presidential judicial nominees. Landrieu/Kyl amendment No. 3050 (to about the actual reserve potential. significant step forward. amendment No. 2917), to increase the trans- In May of 1998, the Geological Survey Candidly, it was a major disappoint- fer capability of electric energy transmission released new estimates of oil in the ref- ment to see Saudi Arabia have a tele- systems through participant-funded invest- uge. In that analysis, the USGS’s mean thon for the Palestinians and raise, ac- ment. estimate of economically recoverable cording to press reports, some $92 mil- Graham amendment No. 3070 (to amend- oil on Federal lands within the 1002 lion. Where was their telethon for the ment No. 2917), to clarify the provisions re- area was from 3.2 to 5.2 billion barrels, American victims from September lating to the Renewable Portfolio Standard. 11th? We know that of the 19 terrorists Schumer/Clinton amendment No. 3093 (to and that was assuming a price of $20 to involved, 15 were from Saudi Arabia, amendment No. 2917), to prohibit oil and gas $24 per barrel using 1996 dollars. Today drilling activity in Finger Lakes National and then Osama bin Laden is a Saudi. the United States consumes about 19 Forest, New York. million barrels of oil each day, almost It would be my hope that we could ex- Dayton amendment No. 3097 (to amend- pect something more from Saudi Ara- 7 billion barrels of oil each year. ment No. 2917), to require additional findings We have a chart I will put up which bia. for FERC approval of an electric utility As we look forward, I was pleased to merger. I think begins to make that point. As see Secretary of State Powell say Schumer amendment No. 3030 (to amend- this chart indicates, production from today that Assistant Secretary Burns ment No. 2917), to strike the section estab- the Arctic Refuge would not contribute will remain in the region, that General lishing a renewable fuel content requirement significantly to solving this problem. I Zinni will be there to carry on his role, for motor vehicle fuel. will make the point by reference to Feinstein/Boxer amendment No. 3115 (to this chart. and that CIA Director George Tenet amendment No. 2917), to modify the provi- may be going in the near future to Domestic oil production, as shown on sion relating to the renewable content of this chart, has been declining since 1970 work out security arrangements so motor vehicle fuel to eliminate the required that there is an active role by the volume of renewable fuel for calendar year and continues to decline today. That is United States. 2004. this green line toward the bottom of I urge the administration to move Murkowski/Breaux/Stevens amendment the chart. Total oil demand, on the forward on a conference which would No. 3132 (to amendment No. 2917), to create other hand, in the United States has be at the ministerial level, in a sense jobs for Americans, to reduce dependence on been going up and is expected to con- making the move for Foreign Minister foreign sources of crude oil and energy, to tinue going up. This chart goes from Peres to be the negotiator for Israel; a strengthen the economic self-determination the year 1950 to the year 2020. We can of the Inupiat Eskimos, and to promote na- see demand continuing to go up. conference which hopefully would omit tional security. Arafat; a conference which hopefully Stevens amendment No. 3133 (to amend- This middle line is transportation de- would have Jordan, Egypt, Morocco, ment No. 3132), to create jobs for Americans, mand, and one of the points this chart and Saudi Arabia as principal partici- to strengthen the United States steel indus- makes is that total oil demand is driv- pants to be guarantors representing try, to reduce dependence on foreign sources en directly by transportation demand. the Palestinian efforts and making ar- of crude oil and energy, and to promote na- I think people can see that pretty read- rangements which could be relied upon tional security. ily. This little red line down in the and could be carried out. The PRESIDING OFFICER. Under right-hand side is domestic oil produc- It is very important, in conclusion, the previous order, the Senator from tion with ANWR. So we can see that that the process be continued. When New Mexico is recognized. domestic oil production, although it S2764 CONGRESSIONAL RECORD — SENATE April 17, 2002 continues to decline, would uptick. For tions out—and these are all their pro- feet of natural gas immediately avail- a period starting at about 2012, we jections; this is technically recoverable able in existing oil fields in the Alas- would see an increase in domestic pro- oil from ANWR as they see it—if these kan North Slope. The total natural gas duction under ANWR, if ANWR was are carried out, by the year 2026 those estimates are in the area of 100 trillion open to development. It does not re- two lines come together again and we cubic feet. We do not need new legisla- verse the long-term trend, which is less are back in a situation where we are as tive authority in order to produce this U.S. production, more imported oil, but dependent on foreign oil in the year gas. for a relatively short period, consid- 2027, for example, as we would have However, currently, the natural gas ering our Nation’s history, we would been absent any drilling in ANWR. that is produced with oil on the North see an increase in domestic production. By the year 2030, their projection is Slope is being reinjected because there The estimate we have from the En- we are going to be 75-percent dependent is no transportation system, there is no ergy Information Agency is we would upon imports for our oil if ANWR is pipeline with which to bring that gas see about a 2 to 3 percent of oil demand open for drilling and we are going to be from the North Slope to the lower 48. in a given year coming out of the 75-percent dependent upon imports of Congress dealt with the issue in 1976 ANWR production at the peak of that foreign oil if ANWR is not open for when it enacted the Alaska Natural production. The Energy Information drilling. So from their perspective, if Gas Transportation System Act. Re- Agency assumes it will take 7 to 12 we look at a 28- or 30-year timeframe, sponding to the energy crisis of that years before we have any production they see absolutely no difference in the decade, Congress called for the imme- from ANWR. extent of our dependence whether we diate construction of a gas transpor- We had a hearing in our Energy Com- open ANWR or we do not open ANWR. tation system and an expedited process mittee. We invited representatives of Another point I think is important to for accomplishing that goal. Due to some of the major oil companies that make is this focus on developing the changed economics, due to other inter- have interests on the North Slope, and Arctic Refuge has drawn attention vening factors, there have been more the representative from ExxonMobile away from real opportunities we do than two decades that have passed and was asked that very question: How long have to enhance our domestic energy we still do not have any pipeline. We do will it take to bring production to mar- production and reduce our reliance on not have any kind of transportation to ket if we go ahead and enact legisla- imported oil and help us attain energy bring that gas to the lower 48. tion? His estimate was 10 to 12 years. security. Let me mention some of these The energy bill pending in the Senate He said: Assuming there are no legal opportunities from which I think we tries to address the issue. The House- problems that need to be overcome, it have had our attention deflected. passed bill does not try to address the would take as few as 8 years; more First is the development of the abun- issue. This bill does. We would increase likely, it would take something in the dant gas resources on other parts of the the supply of domestically produced range of 10 years. North Slope that are already open for natural gas to U.S. consumers by expe- According to the Energy Information development, coupled with the con- diting the construction of the Alaska Agency, peak production would not struction of a natural gas transpor- natural gas pipeline. It provides for occur for nearly 20 years after initial tation system, a pipeline to bring that streamlined procedures for permits, for production. So development would not gas from the North Slope down to the rights-of-way and certificates needed address the near-term prices or short- lower 48. I will speak some more about for the U.S. segments of the pipeline, ages with which people are faced. each of these in a moment. as well as financial incentives to re- The figures the Energy Information A second opportunity I think we have duce the risks of the project. Agency has given me indicate their es- not given enough attention to is that We have had a lot of discussion about timate is 54 percent of the oil we con- production from the National Petro- jobs as part of this debate about sume, as of January, was imported oil. leum Reserve, Alaska. This is a highly ANWR. This natural gas pipeline I am That is why I believe clearly we need prospective area for recent oil and gas talking about, which is distinct from to address the problem. We need to try leasing activity, and it is one where I ANWR, the natural gas pipeline creates to pass comprehensive energy legisla- think we have great potential to more than 400,000 new jobs. This is in tion. As I said before, though, opening produce additional oil. contrast to the Congressional Research the Arctic Refuge is not the answer to A third opportunity is new produc- Service estimate of 60 to 130,000 jobs this dependence on foreign oil. tion from lands already under lease that would be created by opening the The recent report that the Energy In- that are not being developed. There are Arctic Refuge. formation Agency came out with has a many such lands offshore Louisiana, Senator REED, who chairs the Joint quotation in it that I think is very im- Texas, and Alabama, and we need to Economic Committee, released a new portant. This is on page 6 of a report give more focus to how we incentivize report last month estimating that that the Energy Information Agency production out of those areas. Fourth opening the Arctic Refuge results in issued in February of 2002. That was 2 is the reliance on other forms of en- the creation of 65,000 jobs nationwide months ago. They say: ergy. We have been trying to make by 2020, an employment gain of less that point throughout the debate on than one-tenth of 1 percent of the U.S. The increase in ANWR production would lead to a decline in the U.S. dependence on this energy bill. workforce as a whole. Building the foreign oil for the 2002 referenced case. Net Long term, if we are going to avoid pipeline would not only create thou- imports are projected to supply 62 percent of the projection on this chart, which is sands of new jobs but also provide a all oil used in the United States by 2020. that we will be 75-percent dependent huge opportunity for the steel indus- Opening ANWR is estimated to reduce the upon foreign sources of oil by 2030, we try. The project requires up to 3,500 percentage share of our imports to 60 per- have to find alternative sources of en- miles of pipe, 5 million tons of steel. cent. ergy as a substitute for this imported The Senate bill encourages the use of I will put this second chart up to oil. That needs to be a very high pri- North American steel and union labor make the point very graphically. What ority for our research and development in the construction of the pipeline. The the Energy Information Agency is tell- effort and for the provisions we have in total cost of the pipeline would be in ing us is there will be less need for us this bill. the range of $15 to $20 billion. I strong- to import oil if we open ANWR, and I believe the most important energy ly support going forward with that and that reduced need for imports would issue in Alaska is not the Arctic Ref- putting whatever we can in this legis- come in about 2012. It would be about 2 uge—although hearing the debate one lation to encourage its construction. percent. Instead of importing 62 per- would think that was the central issue In addition to these enormous sup- cent of our oil in the year 2020, we as to whether we did what should be plies of natural gas from existing oil- would be importing 60 percent of our done to meet our energy needs in the fields, there is another substantial op- oil in the year 2020. future. The most important issue is portunity to obtain additional oil and The other thing the Energy Informa- Arctic gas. The North Slope of Alaska gas from the Alaska North Slope. This tion Agency says, which I think is very contains rich supplies of natural gas. is the National Petroleum Reserve, instructive, if we carry their projec- There is more than 32 million cubic Alaska. We have a chart that shows April 17, 2002 CONGRESSIONAL RECORD — SENATE S2765 something of which most Americans has come into the debate in various a subject that is crucial to our econ- are not aware. The map shows a large ways. I will show another chart that omy, to our way of life and our future. area, the National Petroleum Reserve, shows why, in my view, we should have I urge my colleagues to join me in the Alaska (NPRA), which is the orange gone ahead and required higher CAFE effort to oppose opening this area for area on this chart. It is a very large standards for vehicles. This chart drilling. area. This is the Arctic National Wild- shows a blue line, which is net imports I believe Senator BREAUX was expect- life Refuge and includes the 1002 area. of oil, given current law. The green line ing to speak at this time in favor of There are 23 million acres of public indicates net imports if we open ANWR one or both of the amendments, so I land in the NPRA. It is approximately to drilling. It shows the amount re- yield the floor. the size of Indiana. It was created to quired to be imported for a period of 20 The PRESIDING OFFICER. The Sen- secure the Nation’s petroleum reserves. years is reduced under that scenario. ator from Louisiana. It is administered by the Bureau of Then if we had net imports with CAFE, Mr. BREAUX. Mr. President, I am Land Management which, in 1999, of- had we raised the CAFE standards, we pleased to follow the distinguished fered 4 million acres in the northeast would see that net imports would not chairman of the Energy Committee. portion of the NPRA. They offered 4 only be more than the imports would Although we differ on the conclusion, I million acres in that area for leasing. be in the case of drilling in ANWR but certainly have the utmost respect for The result was very successful. It was a they would stay lower. That is the ad- the good work he has done in bringing very successful lease sale. There was a vantage of it. In the case of drilling in this bill to the floor, along with the high level of industry interest, with ANWR, you have a relatively short- Senator from Alaska, Mr. MURKOWSKI, in an effort to try to develop some- over $104 million in bonus bids for 133 term benefit which goes away once the thing we do not have in this country leases on 867,000 acres in this NPRA oil is used up. In the case of CAFE and that we desperately need, and that area. standards, you have a continuing ben- is an energy policy that is good for Exploration drilling has occurred. efit for the indefinite future. The industry has made major finds. A I do think we need to revisit that America. The energy policy we have—or prob- second lease sale is scheduled to take issue. I hope we can. I hope we can get ably do not have—is probably good for place in June of this year in another some support from the administration part of the National Petroleum Re- OPEC but it is not good for America. to do something more significant. Why do I say it is good for OPEC? Be- serve, Alaska. The planning is also I received a letter—I know my col- being undertaken to open additional cause the facts are that we import league, Senator MURKOWSKI, had it portions of the NPRA after the sale about 57 to 58 percent of the oil we use printed in the RECORD yesterday after- in this country. It comes not from that takes place in June. This is an op- noon—from Secretary of Energy, Spen- America, not from allies in Canada, or portunity that does not require any cer Abraham, our former colleague, for change in the law in order for drilling good friends in Mexico, but about 58 whom I have great respect. He was cit- percent of the oil and gas we use in this to go forward. As the map indicates, ing the various things he is doing as there are vast areas of Federal and country for everything we need, from Secretary of Energy to help us reduce State land on the North Slope that are agriculture to cars and trucks to our our dependence on foreign oil. I gather already open to oil and gas leasing and residences being heated in the winter he sent this letter to all Members of development. The yellow portions on and cooled in the summer—that 58 per- Congress. He said: the chart are already under lease. cent of the oil and gas we need for all In addition, under the current 5-year I will be meeting this week with the Amer- those services which are critically im- leasing plan, the State of Alaska plans ican Automobile Association—AAA—to iden- portant to the United States and every tify ways to encourage Americans to drive an aggressive leasing program in the smarter, to prepare their cars to operate citizen of this country does not come areas between the NPRA and the Arc- more efficiently to save fuel and money. from America. It comes from countries where, if people in this country did tic National Wildlife Refuge. I am not opposed to him meeting Not only do I believe these parts of what they did in their country, they with the AAA to encourage Americans the North Slope other than the Arctic would go to the penitentiary. to drive smarter, but that is not an Refuge can contribute significantly to What am I talking about? Every few adequate response to the energy chal- meeting our oil and gas needs, there weeks people in OPEC, the sheiks and are Federal lands currently under lease lenges this country faces. We need to the people who control the energy in elsewhere that are also not being pro- do better. This administration should those countries, meet in fancy resort duced. Let me show a chart with our be supporting increased CAFE stand- hotels around the world, they meet in Outer Continental Shelf off the coast of ards. It should be supporting provisions secret, and they determine how much Texas, Louisiana, and Mississippi. This of this bill to encourage efficiency in they are going to price the oil that chart shows 32 million acres in the the use of energy and not just depend America has to buy. They regularly Outer Continental Shelf that have al- upon Americans to drive smarter. and openly fix prices. If companies that ready been leased by the government You can put a little more air in your are providers in this country did that to oil companies for exploration and tires. You can, perhaps, get your car in America, they would go to the peni- development that have not yet been de- tuned up. But the truth is, if the car is tentiary. That is clear. It is illegal. Yet veloped. We do not need to pass a law manufactured to run at 12 or 14 miles we as a nation have accepted that pol- in order to have drilling in those areas, per gallon—14 miles for each gallon icy on the part of the principal supplier either. that you buy—you cannot do a whole of oil for our country. In addition to my belief there are lot to solve that problem. We do not control our destiny; we do many other good opportunities to in- I know there are others who want to not control our future, as long as we crease domestic oil and gas production, speak. There will be opportunities later rely on people who fix prices to provide and I mentioned some here, I am par- for me to add to my comments. Let me this country with the ingredients we ticularly concerned this controversy conclude by saying that opening the need to be a strong and secure and about the Arctic Refuge diverts atten- Arctic Refuge is not, in my view, good prosperous nation. That has to come to tion from an important underlying environmental policy. More impor- an end. goal which we need to have in this bill, tantly, it is far from necessary as part It is not going to be easy. There is and that is to diversify our energy mix. of a national energy policy. Oil and gas not one answer. There is a multitude of What we are trying to do in the bill development on the Coastal Plain of answers which we have to incorporate to support more research and develop- the Arctic National Wildlife Refuge in an energy bill which is balanced, ment, to support development of alter- does little for our Nation’s energy se- which provides help and assistance for native sources of energy, in the long curity. If you take the long-term view, new forms of energy, for alternate run will do more to solve our national which is 2030, it does nothing to deal forms of energy. energy problems than what we have with our energy security needs. I voted for $6 billion worth of tax in- done so far. It is a diversion from the efforts we centives for new forms of energy. Many I will comment for a minute on the should be taking as a country to ad- people in Louisiana think it is ludi- issue of CAFE standards because that dress the important subject of energy, crous that I am doing that. When I talk S2766 CONGRESSIONAL RECORD — SENATE April 17, 2002 about wind power and chicken manure If you look on the west coast of this from a domestic source right here in being converted into energy, people in country, you can go all the way from this country where we have shown we my State say: What are you doing? Washington State down the west coast, can do it safely, in a secure fashion, Why don’t you try to encourage oil and all the way down to Mexico and you and in an environmentally sensitive gas production? I say: Yes, that is im- cannot have any new leasing in any of fashion? I think there are many parts portant, but alternative sources of en- those areas whatsoever. We did that be- of the country that are doing their ergy are also important. cause Republican administrations and share. The point I make about where we get Democratic administrations, Repub- The concept that because it is a wild- our energy supplies is just this simple. lican Congresses and Democratic Con- life refuge and somehow we are not If we were dependent for, say—think gresses, have taken all those areas and supposed to be able to do anything on about it—58 percent of the food we eat said: Don’t do it here. Not in my back- it other than look at caribou is ridicu- in this country, suppose it came from a yard. The problem is the backyard is lous. Here are the wildlife management foreign source which was not very de- the entire west coast of the United and wetland management districts pendable. People would be marching in States. Don’t do it in my backyard on around the country where we have pro- the streets in Washington, saying you the east coast. The problem is it is the duction already. There are 9 facilities have to stop that policy. It is insane. entire east coast of America. in Texas and 12 in Louisiana. Every We can’t depend on foreign countries Some have said, and some of the en- single wildlife refuge in Louisiana— for our food. It is essential to our na- vironmental groups have said, ‘‘Do it which has some of the best in the tional security. You cannot allow a off Louisiana,’’ as if we were not im- world, the best in the country, and policy which gets agricultural products portant from their perspective, and as which has more wildlife features and from countries on which we cannot de- if we didn’t have some of the most val- more fragile ecology than the North pend. People would march in the uable resources in terms of wetlands, Slope—12 separate production facilities streets—and rightfully so. fin fish, birds, oysters, shrimp, and all on wildlife refuges, one of them owned That is exactly what we do when it of the fur-bearing animals that we have by the Audubon Society, which has comes to energy. We are satisfied. We in the very fragile wetlands where we production on their own refuge from are fat, we are happy, until they turn lose 25 square miles a year because of which they get royalties, strongly sup- the faucet off just a little bit. It hap- erosion. But they are saying: Do it port it, but nowhere else. pened in 1973 and it brought this coun- there. We are doing it there. We will I think it has been shown that, in try to our knees. We had long lines at continue to do it there because we be- fact, you can have production, if it is filling stations. We had lack of sup- lieve this is a national issue and we done properly and in a sensitive fash- plies. We had people getting in fights should make our contribution towards ion—and in wildlife refuges, as well as trying to buy gasoline so they could energy security. We have done it for 60 in areas that are not. It can be done. It take their children to the doctor and to years off our coast and on our shores. has been done and it has been done school and run commerce in this coun- There have been mistakes. There have safely. try. We saw what they could do. At been problems, but we have learned This is an example of the type of fa- that time we were probably 30-percent from those mistakes. And today it is cility in Louisiana. Look at how small dependent on imported oil. Today it is much more secure than bringing oil in of a print that is. In Alaska, there are about 58 percent. We look around the rusty-bucket ships that leak and spill 19 million acres in ANWR. When we are world and the circumstances today are oil on the oceans of this country. Less talking about reserving a portion of much worse than they were in the than 2 percent of the oil that finds its that 19 million acres, which is less than 1970s. way into the oceans of America and the the size of Dulles Airport, to do one There has been an attempted coup in world come from offshore development. type of operation, of course, it makes Venezuela, which is one of our largest Most of it comes in tanker discharge, an imprint. Is it huge? Of course not. Is suppliers. The President of that coun- industrial runoff, and other sources, it dangerous? Of course not. Can it be try is in bed with Castro and Libya and and natural seepage, but not from off- done safely? The answer is yes. History Iraq, and we are dependent on them for shore production activities—less than 2 has shown us that it can be done in an much of the energy supply in America. percent, according to the National environmentally safe fashion. We Purchase of it comes from Louisiana Academy of Sciences. I think we have would not need that, if we were not im- where we refine it in Lake Charles. Is shown it can be done safely and in a porting 58 percent of our oil from coun- that a secure source? Of course not. fashion that protects the environment. tries that are not safe and not reliable. They just had a revolution. The guy There is no place I would rather fish If we had enough energy production they kicked out is back. He is not par- in America than the Gulf of Mexico. We from other sources, then we would not ticularly a friend of the United States have literally hundreds and hundreds need to do it in the wetlands because when he is giving oil to Cuba at dis- of platforms that have wells, explo- we would have more than we needed counted prices and threatens to cut it ration wells, and production wells that right here in this country. But that is off to us at any moment. produce natural gas and oil for the rest not the case when we are importing 58 Getting oil from Iraq, is that a stable of this country. We have a pipeline sys- percent from places that fix prices and source? The Middle East situation tem that takes natural gas and sends it which have us literally over a barrel today is as volatile as it has been in to Chicago, New York, New England, or when it comes to having enough energy generations. to the west coast, and all over this to run the cars, to run industry, and So the point I would make to start country, coming from one particular agricultural entities in this country. this discussion is we, in these United source in the gulf where there is a 60- We can’t afford not to look at devel- States, have to be more reasonable, year record of it being done safely. De- oping it here in this country. That is more balanced in how we approach the spite that, when we tried to have addi- the point I would make. solution. There is no absolute, safe tional leasing in the gulf, Congress There are some who say we will have method of achieving energy independ- tried to stop that even. a problem with the caribou up there. ence that doesn’t have some risk. Let’s President Clinton, to his credit, pro- Caribou aren’t endangered. They are admit that up front. That is, of course, posed a compromise called lease sale like a bunch of cows. There are more of true. 181 in the Gulf of Mexico. To my regret, them now than there were years before. But we have a policy in this country the Bush administration cut that by In addition to that, we are not dam- when it comes to oil and gas. Think two-thirds. It was a proposed lease sale aging the lifestyle of caribou by having about it. You could not drill offshore that was two-thirds less than President some energy development in the same anywhere on the east coast, from Clinton had proposed in the Gulf of area they happen to be walking Maine to Key West. It is all locked in— Mexico. And this Congress tried to through once or twice a year. or, rather, locked out from any devel- eliminate it completely because they Some say: You can’t do anything up opment, although there are potential did not want it in their backyard. there because of the caribou. They reserves in those areas that are sub- From where is it going to come? have nice pictures of caribou. They stantial. From where is it going to come, if not say: Don’t do anything to damage the April 17, 2002 CONGRESSIONAL RECORD — SENATE S2767 caribou. The caribou are more plentiful help and maybe we can get enough port that activity. If I looked at it in that part of the country than they votes to pass this measure. It should from only a parochial standpoint, I were in Prudhoe Bay. They are doing pass on its own. would say: Only do it in the Gulf of quite well, thank you very much. I would vote for trying to get some- Mexico. Don’t do it anywhere else. But For those who said, ‘‘Well, you are thing good from the standpoint of en- that is not in the best interest of the going to interfere with their lifestyle,’’ ergy security. It should pass or fail on country. look at this photograph. These are not its own merits. We ought to be able to You have to do it in the gulf, but you dummies that somebody put out on the look and decide whether it is a good have to do it in other places where oil North Slope. The Senator from Alaska idea. may be present. One of the most prom- knows that area quite well. It is his When I was back in the House in the ising and potentially the largest sup- State. These are living, breathing, mul- 1970s, we wrote the Alaska Lands Act. plies, other than the Gulf of Mexico, is, tiplying caribou within a stone’s throw We looked at this area. We set aside in fact, the Arctic National Wildlife of a production facility in Alaska. Does the Arctic National Wildlife Refuge Refuge. this look like the caribou lifestyle is with 19 million acres with the clear So if you look at it as national pol- being interfered with? Does it look as if thought that we ought to take a small icy, it is not enough that Louisiana they are not happy and content, graz- portion of it and look to see whether and Texas do it. Other States have to ing near the pipeline and production fa- we could possibly do more for energy. be involved; and ANWR is one of those cility? The USGS tells us that it equals a 30- sites. We cannot keep saying ‘‘don’t do Some will make the argument you year supply of oil coming from Saudi it here’’ and ‘‘don’t do it there’’ and can’t do it because the caribou walk Arabia. ‘‘don’t, don’t, don’t.’’ The fact is, we across this area twice a year, they Some say there isn’t much up there. ought to do it where we can find avail- might calve, and it might disrupt their We will not know until we take a look. able energy. I would say ANWR is one lifestyle. The USGS tells us that it is potentially of those. Importing 58 percent of our energy is a 30-year supply—the equivalent of Mr. MURKOWSKI. I wonder if the disrupting the lifestyle of Americans, what we get from Saudi Arabia. That is Senator would show us that particular and it is threatening the security of not insignificant. That is a huge chart because I think it depicts the the United States. amount. Some say it is a 1-day supply. statement that has been made contin- We don’t want to get into another Af- It is 1 day if we cut off all other ually: ‘‘Well, not in my backyard.’’ Mr. BREAUX. That is it. It is easy to ghanistan or have the Middle East shut sources. If you look at it from the say: Don’t do it in my own backyard. I off the oil supply to this country or ask standpoint of potentially how much is want to be with environmentalists. how we are going to defend ourselves there, a 30-year potential is very sig- And that is fine, but at some point you and be protectors of the world when we nificant considering what we get from have to say: We have to have a bal- are buying oil from people who have Saudi Arabia. anced program. turned against us because of conflicts We may not get this thing done. We I talked to some environmentalists with Islamic portions of this world. may continue to say: Don’t do it in my about ANWR, and I said: I tell you We have to be secure. We have to be backyard; don’t do it on the east coast, what, what if we limit it to 1 acre? confident that we can depend on en- don’t do it on the west coast, don’t do Would you be satisfied if we only did it ergy. We ought to do whatever is nec- it in the Gulf of Mexico, don’t do it— on 1 acre in Alaska? The answer was: essary to produce it in this country in- don’t, don’t. No. The fact is, they don’t want to do stead of bending over on our knees say- But my point is simply this: If not it on 1 acre or 20 acres. They just don’t ing, please, OPEC, don’t disrupt our en- there, where? For somebody who want to do it because it becomes a ergy supplies; please, OPEC, don’t thinks it is better to import it from symbol of what they stand for. And I charge us too much; please, please, the Middle East rather than produce it understand that. please. in our country with our own people But we are in a crisis in this country. You can’t say that when you don’t running the program and with our en- I am saying you have to have a bal- have someone to back it up. What are vironmental laws in effect, I suggest anced approach. This is what has oc- we going to do? Threaten not to buy that is not a good tradeoff. curred around natural gas, the cleanest their oil? We do not have that luxury This amendment should pass. We burning fuel, the least threatening in because we are not doing enough to should go about the business of bring- this country. People don’t like nuclear produce energy right here in America. ing energy security to this country. because it is dangerous. Natural gas is For those people who say, ‘‘Don’t I yield the floor. dangerous. They don’t like coal be- drill in ANWR,’’ get off the caribou ar- Mr. MURKOWSKI. Mr. President, cause it is dirty. Natural gas is the gument. They made that argument will the Senator yield for a question? cleanest fuel we have. about the Prudhoe Bay pipeline; it was Mr. BREAUX. I would be happy to Look at what has happened. As I going to kill all of the caribou; they yield. show you this on the map I have in the will move somewhere else; they weren’t Mr. MURKOWSKI. I ask the Senator Chamber, this area is subject to no re- going to have calves. That has not from Louisiana: Some people have sug- strictions. You cannot drill for poten- proven to be correct by one iota. The gested that the better answer is, rather tially 21 trillion cubic feet of natural caribou are there and they are thriv- than opening ANWR to drilling, we gas on the west coast because it is all ing. That simply, in my opinion, is not should simply concentrate on the Gulf blocked off. There are 31 trillion cubic a legitimate argument as to what we of Mexico and put up every possible feet of potential natural gas reserves should be looking at. We should be lease sale. I think that lease sales are on the east coast. You cannot drill a looking at it from the standpoint of already taking place in 2,000 to 3,000 well anywhere there. safety and making sure it has the ut- feet of water. And the industry has had There is lease sale 181, which we just most of environmental equipment that a very successful effort in producing fought in this Congress, where people is needed to make sure it can be done there. It requires a great deal of tech- want to say: Don’t do anything here. safely. I would suggest that it doesn’t nology. There are 24 trillion cubic feet of po- matter how we protect it. It is a lot But I wonder if the Senator from tential natural gas reserves, and Flor- safer than importing energy that we Louisiana believes this is a better solu- ida is importing over 90 percent of the are bringing in by tankers from around tion than exploration in other areas of gas they use from other sources. They the world. the country, where States such as Lou- do not produce but a trickle of their Some have said that in order to get isiana or Alaska want the development gas in Florida. They import over 90 this measure passed we have to sweet- to occur? percent, and they say: Don’t do it off en the pot for some of the steelworkers Mr. BREAUX. From a selfish stand- my pretty beaches. Don’t do it off my who lost their jobs. I am not for that. point, I could say: Don’t do it anywhere million-dollar houses. Go do it some- That is not what the issue should be. else. Just do it in Louisiana. It creates where else. There isn’t anyplace else. Some have said maybe our friends in jobs. It creates income. And it creates The only place we are doing it is the Middle East and the Israelis will infrastructure. We are happy to sup- shown here on the map. So look at the S2768 CONGRESSIONAL RECORD — SENATE April 17, 2002 interior of the country. We have more of natural gas, almost all the coal we that this is the first time in history places where you can’t look for oil and consume, huge amounts of oil and that a ‘‘national security’’ issue has gas than you have where oil and gas other sources of energy, and, in fact, been filibustered. potential exists. we are building new powerplants all First of all, one could make a serious Mr. BINGAMAN. Would my friend across this country. argument about the degree to which from Louisiana yield for a question? None of us are standing here with our this is, in fact, a national security Mr. BREAUX. Sure. head in the sand arguing that we issue. But I will accept the question of Mr. BINGAMAN. I don’t want to should not continue to produce energy. how much oil we import. The question argue with the Senator’s basic point. I Moreover, I think the arguments made of American dependency on oil is le- am in general agreement with him, underscore the fundamental difference gitimately a concern of the United that we ought to be drilling some in the approach by those of us who be- States. But it is not addressed by drill- places where we are not drilling today. lieve there is a different energy future ing in ANWR, No. 1, and, No. 2, the But the chart the Senator has seems to for the United States that does not re- record shows clearly that this is not indicate you are not drilling in north- quire us to do injury to something we the first time such an issue has been western Mexico. That is one of the have set aside for a purpose. filibustered. largest gasfields in this country, the Beginning with a Republican Presi- If ANWR is important to the energy San Juan Basin. We are drilling at an dent, and going through a series of national security of the United States amazing rate up there. I support the Presidents over the last 25, 30 years, because it would affect how much oil drilling that goes on there, by and there has been an honoring of an ethic might be available or how much oil we large. in the United States that suggests that are importing, then CAFE standards I do not know about all the rest of the concept of a preserve should be ex- are equally a national security issue the Rocky Mountain region, if that actly that. for our country. In fact, CAFE stand- map is intending to indicate you can- My colleague, a moment ago, said: ards are a far better response to na- not drill in it. But an awful lot of our What would happen if we said, drill in tional security because even the oil State is being drilled in, and appro- only 1 acre? Well, everyone under- companies will tell us they can’t priately so. stands that if you begin with 1 acre, it produce oil from ANWR for anywhere Mr. BREAUX. I just say, referring to does not stay at 1 acre. It will progress. the map, the access restrictions I am from 7 to 10 years. The first acre is the violation of the When my colleagues come to the talking about on the coast clearly are notion of set-aside. The first acre is the floor of the Senate and suggest to us a total prohibition. And this is a total that the crisis in the Middle East is a prohibition. This has restrictions on violation of the concept of pristineness. reason to drill in ANWR, that is a mis- access to those areas. For some of The first acre is the destruction of the leading argument because no oil will these areas, it should be. concept of an arctic wildlife refuge But what we are talking about today that is absent any kind of industrial- flow from ANWR, given the permitting, is not access restrictions to ANWR; we ization. lawsuit, developmental processes, as I are talking about a total prohibition My arguments against drilling in will show later, until from 7 to 10 years on ANWR. That is not access restric- ANWR are not based on the caribou. from now. And you don’t even get to tions. That is a lot further. That was a wonderful picture, a great the peak production until somewhere, If we want to pass a bill that says we discussion of caribou, but that is not perhaps, around 2020. are going to carefully coordinate how the principal argument here. It is in- That said, if you put CAFE standards you can get into that area, how you teresting, however—and I will show, a in place, you would have a much faster can exit that area, what you can do in little later, that our own Fish & Wild- response to the oil. You would get 1 that area, that is one thing; but the life Service—I have heard my col- million barrels saved in a decade, and legislation we have in the current law leagues referring to radical environ- that would grow exponentially. In of this country is: no access. That is mental groups. The people who are cau- ANWR, as you drill, you lose the oil. not access restrictions; that is totally tioned against this are the administra- You reach a point of peak production, no access to areas that have poten- tion’s own functionaries who worked and then it starts to go down. But if tially huge amounts of energy. on this for years. The Fish & Wildlife you put CAFE standards in place, it Again, I would say, don’t do ANWR if Service finds there would be problems grows and grows through the years. So we don’t need it. But anytime this with respect to the ecosystem. The in fact, CAFE standards result in three country is importing 58 percent of our U.S. Geologic Survey has serious ques- times the savings of ANWR. energy, I would suggest we need it. Are tions with almost all of the numbers I don’t want to get into a CAFE we importing 58 percent of our energy that have been put forward by the pro- standards argument. That is not why I because we like to do that? Of course ponents. am here. But CAFE standards is as not. We are over a barrel paying OPEC So I begin at the beginning. I want to much a national security issue for the prices, which they fix every 6 weeks. try to lay a record out here that I United States as the question of wheth- I think, if we are going to have a na- think is clear and, I hope, understand- er or not we drill in ANWR. I will show tional energy policy, everybody has to able and, I hope, in the end, compelling later how ANWR doesn’t even affect come to the table, not just half of the about why it is inappropriate to drill in the total amount of oil on which we are equation. the Arctic Wildlife Refuge. But I do dependent except for this tiny little I yield the floor. want to say, the two visions are dif- sliver that is barely discernable on a The PRESIDING OFFICER (Mr. NEL- ferent visions of the energy future of graph. SON of Florida). The Senator from Mas- our country. The point is, our colleagues have sug- sachusetts. I honor what the Senator from Lou- gested this is the first time. I want to Mr. KERRY. Mr. President, let me isiana said. He is a strong advocate for say this because the accuracy that dis- begin, if I may, by first of all saying it his State. He is a terrific Senator. And appears in this process is very impor- is my intention to answer each and he is right, we do need to do more drill- tant. The fact is, in the 101st Congress, every one of the assertions just made ing. I am in favor of more drilling. We second session—I was a member of that by the Senator from Louisiana and the should do more drilling in the deep Senate; I remember the vote—we had a Senator from Alaska. There is ample water Gulf of Mexico, which Lord John motion to invoke cloture on the Motor proof that those of us who oppose drill- Brown, the CEO, chairman of British Vehicle Fuel Efficiency Act. It failed. ing in the Arctic Wildlife Refuge are Petroleum, says is the most significant In other words, it was filibustered. It strongly in favor of drilling in many oilfield unexploited in the world, which was filibustered, and 42 Senators man- other parts of this country and are is where at least British Petroleum aged to prevent us from passing the ef- strongly in favor of a policy which would like to put its energy, its efforts, fort by Senator Richard Bryant of Ne- keeps the United States on the cutting not in ANWR. vada to have CAFE standards, which is edge of energy production. But let’s begin at the beginning. a national security issue. In a few moments I will show how we Our colleagues have come to the floor Among those Senators who voted to are producing extraordinary amounts and suggested to our fellow Senators continue the filibuster and not allow us April 17, 2002 CONGRESSIONAL RECORD — SENATE S2769 to put CAFE standards in place were percent dependent on foreign oil. And amount of sulfur in our air as part of both Senators from Alaska and the any cartel, any terrorist, any country the Clean Air Act and we cannot do it Senator from Texas, who have asserted that wants to hold the United States in that time period, what happened, that we must allow a straight vote on hostage will hold us hostage until we Mr. President? We did it faster than we ANWR. Let’s dispense with the na- liberate ourselves from our oil glut- ever thought we would or could, and we tional security argument, and there is tony, dependency, whatever you want did it for a cost not of $8 billion, or for further reason to dispense with it be- to call it. $4 billion, which the environmental cause of the amount of oil we have in Those two visions are the vision of people thought it would cost; we did it the Arctic Wildlife Refuge. the status quo over here, and a vision for $2 billion, and we did it faster. I want to show this chart. This is the over here of those who believe there is The reason we did that was that no world supply of oil production versus a different energy future for the United one was able to factor in the expo- the Arctic Wildlife Refuge. If the Pre- States. nential benefits of technology, the rate siding Officer is having trouble seeing I quickly say as an outline, my sense at which one technological discovery ANWR, that is because here it is. It is of that energy future for the United spurned the next technological dis- this yellow line at the very bottom of States begins with four important prin- covery. The way, in fact, that the seri- the chart versus all the oil production ciples. Those principles speak directly ous commitment of the United States of the world. to what the Senator from Louisiana could do it invited private capital mar- The United States of America only just said about whether we are willing kets to make the decision that, hey, has 3 percent of the oil reserves of the to drill. that is worth the investment. It is the world, including ANWR, including the No. 1, absent an exhaustion of rem- old field of dreams: Build it, and they Gulf of Mexico, our national monu- edies and a life-threatening threat to will come. We decided we were going to ments, all of our oil. Every single year, the United States, absent that, the build it, and they came, and we did it the United States of America uses 25 United States should do nothing that faster. percent of the world’s oil. I don’t know doesn’t make economic sense. Prin- My colleagues are very pessimistic any child in school who can’t quickly ciple No. 1: It makes economic sense to about the ability of the United States figure out that if we only own 3 percent do what we choose to do absent some to bring online all of these other capac- but we use 25 percent of the world’s life-threatening challenge that is com- ities to do these things more effi- production, we have a problem. ing down the road. ciently, cleanly, and effectively, and We have a serious problem. Principle No. 2: We should commit we can create tens of thousands, mil- You can’t drill your way out of this ourselves again, given the same caveat, lions of jobs in this country, putting problem. If you drill all the oil in absent a threat that we have just got people to work in production for other ANWR, you still face a fundamental to respond to, we should commit our- parts of the world that also have the issue which is the United States of selves that the choices we make do not same demands and needs. America is overly dependent on foreign diminish the quality of life of any Again, I repeat, we cannot drill our oil and is growing more and more so. American at all. So it makes economic way out of America’s energy challenge. In 1973, when we first met the cartel’s sense. We don’t diminish the quality of We have to invent our way out of this oil crisis, we had a dependency on for- life. We can make those choices now. challenge. We should begin now to en- eign oil of about 35 percent. Yet we re- Principle No. 3: All of us who are op- courage the greatest laboratories, our sponded, supposedly, with CAFE stand- posed to the Arctic Wildlife Refuge universities, our venture capitalists, ards, with more production. Today, we must have the courage to stand up and the private sector, in the strongest way are about 55 or 56 percent dependent on say we are going to be dependent on oil possible to begin to move us to this the rest of the world. And in the next still for 30 to 50 years or more in this new energy future where America is few years, we will grow to 60 percent. country. It will take that long to make not dependent upon these other coun- Does anybody in their right mind be- the energy transition, to make the tries. lieve if we depend today on foreign oil transportation transition. And what we I am particularly sensitive when I for 60 percent of our oil, that ANWR, must do is put in place a set of policies hear my colleague say we don’t want which is only a fraction of the 3 per- that begin to accelerate our capacity our young men and women sent off to cent that we possess, somehow has the in an economically viable way to begin these countries and put at risk. Let me ability to make a difference to the to make that transition to this new en- tell you, I think one of the things I United States? The answer is no. No, ergy future. have fought for as hard as anything in you can’t. You just can’t squeeze that That is alternatives and renewables the Senate is common sense about how enough. and the hydrogen fuel cell and hybrid we wage our wars and where and when So there are two competing visions cars and a host of other things. we put people at risk. here: A vision of the status quo, a vi- I don’t know why my colleagues are Mr. President, this is a false promise sion that is similar to the one that is so pessimistic about America’s capac- to America. The sons and daughters of reflected in a willingness to avoid ity to meet a challenge through the America are more at risk every day doing anything about global warming, skill and creativity of our entre- that we remain prisoners of this equa- even though every scientist says global preneurs. tion where more than 45 percent of the warming is a problem; a willingness to When we put our entrepreneurial world’s oil supply is in Saudi Arabia. ignore the need to be involved in the skill and energy to work in the United There is nothing we can do about that. realities of science versus our desire States of America, there is nothing we We don’t have as much. No matter just to go along the way it is and not can’t do. We have proven it—when we what we try to do, we won’t be able to upset the equilibrium in any way what- went to space. We proved it in the Man- repeat it. Moreover, the amount of oil soever. hattan Project when we needed to cre- in ANWR will not affect the price of oil The fact is that about 70 percent of ate a response to the terror of the Axis globally at all. It doesn’t create the America’s oil use goes to transpor- Powers and win World War II. We have kind of independence we want. tation. When I hear my colleagues talk proven it time and again. This is a statement of Lee Raymond, about our terrible dependency on the I believe that just as President Ken- chairman and chief executive officer of Middle East for oil, ANWR doesn’t end nedy put a challenge to the country ExxonMobil Corporation. He is in the the terrible dependency on the Middle saying we are going to go to the Moon oil industry. He knows what he is talk- East for oil. I just heard the Senator in 10 years—not knowing, incidentally, ing about: from Louisiana say: Gosh, it would be if we could in fact get there, not know- The idea that this country can ever again great if we could vote in a way that we ing if it was in fact achievable, but be energy independent is outmoded and prob- are not the hostages of Middle Eastern telling America that the reason we are ably was even in the era of Richard Nixon. countries that can cut off our oil. going to do this is because it is dif- The point is that no industry in the world is Well, yes, it would be great. But vot- ficult. And we did it. more globalized than our industry. ing for the Arctic Wildlife Refuge In 1990, when everybody said, oh, it is That is a chief executive of an oil doesn’t do that. It leaves you still 60- going to cost $8 billion to reduce the company. S2770 CONGRESSIONAL RECORD — SENATE April 17, 2002 Whether or not we do ANWR with re- energy? He asked legitimate questions, and that will never happen without spect to price is also critical. The first such as: If we are not going to do it some extraordinary introduction of ef- President Bush said: here, how do we do it there, and so ficiencies and alternatives. I have ex- Popular opinion aside, our vulnerability to forth. plained why, and I do not have to go price shocks is not determined by how much Let me clarify this for the record. back over that, but we remain one of oil we import. Our vulnerability is more di- The proponents of drilling in the Arctic the largest oil producers in the world rectly linked to how oil dependent our econ- Refuge want to cast those of us who today. I say this because given the de- omy is. don’t want to do it as somehow anti- President Bush is correct. Nothing bate in this Chamber, Americans might energy production. As I have just de- believe the only oil in the Nation is about drilling in the Arctic Wildlife scribed, I have a vision—and I think Refuge fundamentally alters the de- somehow underneath the Arctic Wild- others share it—of huge energy produc- life Refuge and we are preventing the pendency of the United States. No one tion for the United States of America. in the industry will suggest that, even only oil in the Nation from being We cannot grow our economy if we drilled. That is just not true. at its best amount of oil, the Arctic don’t grow our energy production. We Wildlife Refuge makes anything but a want to grow our economy, and we According to the Energy Information few tiny percentage points, in the low want the jobs that come with it. We Administration of the United States, single digits, of difference on a 60-per- need the strength for our Nation. Of we are one of the top oil producers in cent dependency on foreign oil. course, we have to expand our energy the world today. In 2001, the United Even if you drill in the Arctic Wild- production. Here is where these debates States produced roughly as much oil on life Refuge, you cannot affect the en- always somehow get dragged down, be- a daily basis as Saudi Arabia and the ergy price. Alaska Governor Tony cause people want to go to the places— former Soviet Union, which is about 8 Knowles said: I don’t know, for sort of a debate ad- to 9 million barrels a day. Evidence overwhelmingly rejects the no- vantage or political advantage but not tion of any relationship between Alaska America produced more than twice as North Slope crude and West Coast gasoline where the truth is. much oil as Iran, more than three prices. This debate is not about whether or times as much as Iraq, more than three Great Britain is entirely energy inde- not we need to expand our energy. This times as much as the United Arab pendent, fuel independent. They have debate is over how we expand our en- Emirates, and more than three times their own North Sea oil. But Great ergy. How do we do it? Do we do it in as much as Canada. The idea that we Britain, despite the fact that it has a ways that we know violate the air, have blocked all the oil development is 100-percent capacity to supply its oil, is leave toxic waste sites, tear apart the absolutely ridiculous, faced with those subject to the same price increases and health of our fellow citizens, that pour statistics. the same price shocks as other coun- particulates into the air so we have more emphysema, more lung disease, I want to talk about the Gulf of Mex- tries in the world. ANWR, with its tiny ico. Ask an oil company executive pri- little percentage, is not going to affect more cancer or do we try to use the in- genuity God gave us to go find the vately right now—and some of them that. have gone on record publicly—whether Let me deal with another issue if I cleaner, more thoughtful technologies that make a difference in the long- they really want to dig in Alaska. The may. I have enormous respect for Sen- answer is sometimes no, or it depends. ator MURKOWSKI and Senator STEVENS. term future of our country and indeed the planet? Oil companies are holding 7,000 leases They are friends. They have been my today for deepwater exploration in the colleagues a long time, and they are That is the choice. Once again, I say there are those who want the status Gulf of Mexico and not using most of fighting a fight in which they believe. them. The reason they have not drilled They particularly believe in it for their quo where they think all we do is drill oil, and there are those who believe in the Gulf of Mexico where they al- State. I think every one of us in the ready have the permits is because they Senate accepts responsibility for help- there is a different energy future for the country. have waited for the price of oil to go up ing States that have difficulties mak- because that helps the economics. ing up revenue differences. That is why Let me point out, America produces we have a Federal system in this coun- almost all the coal that we consume, The fact is, if tomorrow the United try. We help farm country for different and the tax package that is in this en- States were cut off, it would not be things at different times. I am cer- ergy bill, if we pass it, promotes clean only Alaska we would look to; it would tainly always prepared to try to be of coal—clean coal. be the Gulf of Mexico; it would be other America produces about 85 percent of assistance to the State of Alaska in oil supplies of the United States to the natural gas that we consume, and ways that it needs it. which we would look. this energy bill includes a provision to One of the Senators, or both, has spo- According to the Minerals Manage- ken about Senator Tsongas a number federally subsidize the construction of the massive gas pipeline to carry the ment Service, there are between 16 and of years ago. None of us could comment 25 billion barrels of economically re- on what was or was not said between estimated 35 trillion cubic feet of nat- ural gas from the North Slope of Alas- coverable oil in the central and west- Senators. I accept what Senator STE- ka to the lower 48 States. ern Gulf of Mexico. That depends on VENS says. All I know is that Senator Those who argue that we are coming the price, as I will explain in a mo- Tsongas was asked point blank in 1992: to this energy unconscious ignore the ment. Do you believe that the Alaska refuge should be opened to drilling in 1992? fact that in this very bill, there is a Economically recoverable oil is dif- Here is what the Senator said: provision to build a pipeline from Alas- ferent from other categories of oil that ka to the lower 48 States so we can Absolutely not. I believe we should prevent are in the ground and available. ‘‘Eco- exploitation and devastation of this national burn clean energy in an intelligent nomically recoverable’’ reflects what treasure. To address our energy needs, we way. you can get at the current cost of oil. We hear that those of us opposing the should promote maximizing energy effi- One of the interesting points is most development of ANWR are even against ciency, renewable resources, and our plenti- of the studies of our colleagues who ful natural gas reserves. electricity production. Wrong again. In come in here and say we ought to do Once again, I cannot go back in his- New England alone we have built 12 this and create 700,000 jobs and so forth tory to a time when I wasn’t here. But new powerplants in the past 2 years. are based on a completely false price I do know that Paul Tsongas, as late as We have put more than 3,500 for oil, not the price we have today. 1992, was opposed to drilling and cer- megawatts online, another 12 new pow- tainly had no sense of any commitment erplants are under construction and Development in the Gulf of Mexico he had made at that point in time in will come online in the next 2 years, has accelerated. According to the Min- that regard. putting an additional 6,300 megawatts erals Management Service, 42 new In this debate, as I mentioned a mo- online. There has been no opposition to deepwater fields have come online ment ago, I want to deal with the ques- these projects. since 1995. Production is expected to tion of production. The Senator from We produce a significant amount of climb from under 1 million barrels per Louisiana asked: What are we going to oil in America. We do not produce all day in 1995 to as much as 1.9 million do? Where are we going to produce our we consume, as I have just described, barrels per day 3 years from now. April 17, 2002 CONGRESSIONAL RECORD — SENATE S2771 The Gulf of Mexico reserves are so lion barrels of oil are technically re- percent of the oil in that reserve, will promising that Lord Brown, whom I coverable. There is a 5-percent prob- be produced through the year 2020. mentioned earlier, the CEO of British ability that at least 16 billion might be Why? Because that is all that is eco- Petroleum, calls them some of the technically recoverable. The mean, or nomically recoverable. This is Alaska most promising reserves in the world. the most likely outcome, is that 10 bil- itself telling us it is limited because of He was asked where the most impor- lion barrels of oil are technically re- the price. It is not enough to say there tant place to find oil is in the United coverable. is oil in the ground. We have to under- States. He was asked this in an inter- The second question is then, How stand how much one can get out, at view by ‘‘60 Minutes’’ a couple of much is economically recoverable? what kind of price, and what is real- months ago. Here is what he said: This is an estimate of how much oil istic. We are going to hear that with The deep water Gulf of Mexico, part of the you could produce at a certain price of emerging technologies and still-to-be- United States, is probably one of the great- oil. That number matters actually invented technologies, the amount of est new oil provinces in the entire world. much more than the technical reserves economically recoverable oil might Let me highlight some of the produc- because oil companies simply do not rise. I concede that. That is true. That tion that is underway in Alaska be- produce oil they cannot bring to the is a positive thing, if it happens in the cause it has been suggested that some- market profitably. future. But it is also true that the how we are shutting down Alaska’s ca- According to the U.S. Geological Sur- amount of economically recoverable oil pacity to pump oil. vey, again, if oil is priced at $25 a bar- may be less and the price may go down. Last May, the State of Alaska com- rel, then there is a 95-percent chance Why may it go down? Because a pleted a lease sale of 950,000 acres on that 2 billion barrels are economically whole bunch of people are already the North Slope. It is the largest lease recoverable. There is a 5-percent starting to push that technology curve by any State in history, and they have chance that 9 billion barrels are eco- in the alternatives, and if suddenly announced another 7 million acres will nomically recoverable. someone comes in with the capacity to be put up for lease in the coming years. A mean chance, or the most likely do the hydrogen fuel cell or other The State of Alaska has scheduled 15 outcome, is 5 billion barrels are eco- things, the entire transportation mix oil and gas leases on 15 million acres. nomically recoverable. I might add, and dependency of the United States In 1999, the Bureau of Land Manage- these numbers are taken straight from changes, the demand curve goes down, ment held a lease sale of 4 million the Congressional Research Service and the price goes down, and far less acres in the National Petroleum Re- briefing on the Arctic Wildlife Refuge, oil will be recoverable. serve, Alaska. It is in the process of re- and the cost estimate is directly from On March 10, 2002, the New York leasing 3 million acres and other plans the Energy Information Administra- Times published a story with the fol- and it has announced a third lease sale tion reported by CRS. lowing headline: ‘‘Oil Industry Hesi- of a planning area of 10 million acres. It is difficult to estimate how much tates Over Moving into Arctic Refuge.’’ In April of 2001, BP, Phillips, and oil might be in the refuge. There are The article highlights why the oft-re- ExxonMobil predicted that there is at complicating factors, but for the claim peated claim that the refuge will least 7.8 billion barrels of oil to be de- to keep coming at us that the refuge is produce 16 billion barrels of oil is sim- veloped on the North Slope of Alaska. going to produce 16 billion barrels and ply inaccurate, and I share this quote: In many ways, the Arctic Wildlife to make all the arguments dependent ‘‘Big oil companies go where there are Refuge represents our God-given nat- on that is not to do justice to the prob- substantial fields and where they can ural strategic petroleum reserve. If, in- abilities I put forward and to the reali- produce oil economically,’’ said Ronald deed, 20 years from now none of these ties of oil exploration. The claim is not Chappell, a spokesman for BP Alaska, things I have predicted happen, if we only unrealistic, it runs counter to which officially supports the area and are so backed up in a corner, if tech- what proponents claim to be the lead- drilling. He continued: ‘‘Does ANWR nology does not come through, if we do ing reason for drilling, because the have that? Who knows?’’ not do our work, then at least we leading reason for drilling is that it is That is the conclusion of the com- might have had the wisdom to have going to produce for us cheap oil. pany; not 16. Who knows? held on to this God-given strategic pe- If it is going to produce cheap oil, The article continues: There is still a troleum reserve, rather than going for you diminish the amount of recover- fair amount of exploration risk here. it right now at a time when it is not able oil because the economics do not You could go through 8 years of litiga- necessary and in demand. work. So if you are driving the price tion, a good amount of investment, and Let me speak to some of the impor- down—you cannot get caught in this still come up with dry holes or uneco- tant issues that I think have to be argument and have it both ways. nomic discoveries, said Jerry Kepes, clarified as part of the record. I also want to highlight the impor- the managing director for exploration No. 1, how much oil is in Alaska? We tant difference between what is called and production issues at the Petroleum hear of different amounts of oil that we in-place oil, technically recoverable Finance Company, which is a Wash- could find there. There are very dif- oil, and economically recoverable oil. I ington consulting firm for oil compa- ferent estimates. Some people say know this is a little arcane, but I want nies. Quote: It is not clear that this is more than 16 billion barrels; some say to do it because I want the record to quite the bonanza that some have said. far less; some argue not enough to reflect this is not about caribou alone, So we have to weigh, do we take this make development economically via- it is not about some ‘‘not in my back not quite so clear bonanza and destroy ble. That is not where I am. I am not yard.’’ This is about clear science, eco- an Arctic wildlife refuge, for which trying to go to either extreme, and I nomics, oil policy, national security some people have disrespect but, as I think those who only go to the ex- policy, energy policy, and the long- will show, I think is a concept that tremes do a disservice to the debate. term interests of our country. captures the imagination of many I would like to present what I think The fact is these definitions are vital Americans and is worth preserving. is the amount of oil that could be tech- to understand and to weigh the choice This article says a great deal about nically recovered, and that is the we have. On Alaska’s North Slope, near how little oil might be in the refuge, amount of oil that could be extracted Prudhoe Bay, there is a field called and it stands in stark contrast to some using today’s technology without any West Sak. In 1989, Arco estimated the of the claims we have heard in the consideration of cost. Of course, we West Sak field held as much as 13 bil- press and in the Senate about the 16 know cost is a consideration, but I am lion barrels of oil in place, with an- billion. An article in the Washington going to deal with it technically. other 7 billion listed as potential. Esti- Post examines some of the competing I have heard this reference contin- mates published in the Society of Pe- claims over the refuge oil potential. It ually to radical environmental groups. troleum Engineers placed the estimate said as follows: I do not think the United States Geo- at more than 30 billion barrels of oil in How much oil is out there? No one knows logical Survey is a radical environ- total. But the Alaska Department of for sure. But the environmental movement’s mental group. They say there is a 95- Natural Resources estimates that only favorite statistic is a USGS estimate that percent probability that at least 6 bil- 370 million barrels of oil, less than 2 the Coastal Plain contains 3.2 billion barrels S2772 CONGRESSIONAL RECORD — SENATE April 17, 2002 of economically recoverable oil at the cur- We have heard that the refuge oil is, resent the startup and decrease with rent price of $20 per barrel, about what the as I said, a solution to a whole bunch of respect to jobs in this particular effort. Nation uses in 6 months. problems, such as the California elec- Moreover—and here is the most impor- I will concede in the last few days the tricity crisis. I showed the quote where tant thing, much more important than price of oil has gone up a little bit. Alaska Governor Tony Knowles re- anything else with respect to the That figure probably goes up with it, sponded it will not have any impact at study—the claim is based on a 12-year- and of course that is true. But Senator all on California. The refuge, as I said, old study produced by WEFA Economic MURKOWSKI wrote a letter to the Post will not produce oil for 7 to 10 years. Forecasters, paid for by the American that the USGS actually estimates 10.3 That means if you open the refuge Petroleum Institute. According to that billion barrels of economically recover- today, you are not going to see oil API study—this is their study—drilling able oil. The truth, according to the until about 2012, maybe a couple of in the Arctic Wildlife Refuge produces USGS, that conducted this study, is years earlier. zero jobs for the next 4 years; zero jobs they have said directly Senator MUR- The relevant agencies of our govern- according to their own analysis. KOWSKI is wrong in stating that figure ment and the industry itself have said There is a choice. We can invest in and the environmentalists are right, this 10-year figure is about the average; the pipeline for natural gas which and that is a quote from the USGS. maybe 7 to 10, but they bank on about could immediately produce jobs, or we To lay it out, proponents of drilling 10. The Energy Information Adminis- could drill immediately in other areas are regularly exaggerating the produc- tration says 7 to 10 years. The Congres- where we know we already have per- tion by as much as 200 percent. Like- sional Research Service says 10 years. mitting and the ability to drill. That wise, some of the opponents of drilling The industry’s own economic analysis would be a more immediate job produc- sometimes underestimate production produced by WEFA Economic Fore- tion than this. It is interesting, you by as much as 40 percent, assuming casters, which I should add is wildly would have to wait until 2007 for the that oil costs less than $20 per barrel. optimistic about every aspect of oil jobs to be produced. In my estimation, the most reliable I highlight a couple of the technical drilling, predicts it will take 10 years prediction is that the refuge might inaccuracies of this study which has for the oil to begin flowing. That is produce about 5 billion barrels of oil been thrown around so much. The Cen- from the group that produced most of over its productive lifetime, and that is ter for Economic Policy and Research the studies on which they rely. They if oil is priced at about $25 per barrel. assessed that study and made the fol- say 10 years. I should add that the Energy Informa- lowing points. Asked in a Senate hearing how long tion Administration predicts oil will be No. 1, according to Energy Informa- it will take, the president of the explo- at about $22.50 per barrel, not $25 per tion Agency estimates, the API study ration of production for ExxonMobile barrel. So, again, 5 billion barrels may overstates oil production in the refuge said: be somewhat high. by a factor of 3. Adjusting the projec- What would it mean if one were to In the normal process we would probably tions to keep them in line with the EIA allow 3 to 4 years for the permitting which find 5 billion barrels in the Arctic would put you in the 10-year range. estimates reduces predicted job cre- Wildlife Refuge? That is the next thing ation by more than 60 percent. The API we ought to try to measure. A lot of Let’s end these arguments that this study assumes other oil producers, es- promises have been made by the other is the cure to the Middle East crisis pecially OPEC, do little to increase side. They have suggested it is a solu- today, or that this is somehow going to production and bolster oil prices. Ad- tion to oil shortages, heating oil short- prevent a young American man or justing other production to keep them ages, high gas prices, electricity woman in uniform from having to go in line with conventional estimates re- brownouts, unemployment, national over and defend an oilfield next year, duces the job creation by another 40 security. It is even being tied to spe- the year after, or the year after that. percent. The API study assumes the cific conflicts and incidents around the The United States, even if we drill in economy will be far more affected by a globe. Someone might believe, listen- the Arctic National Wildlife Refuge, is drop in oil prices than is reasonable to ing to this, that the Arctic Wildlife still so dependent on foreign oil now, expect and substituting a more reason- Refuge is the magic elixir that is going until we change our overall energy able estimate lowers the projection by to cure most of the ills we face. But the mix, America’s youth will be at risk to about 75 percent. fact is, if one is simply an oil company protect America’s dependency. As I have said, that study was writ- and they are looking to drill some oil, We have heard a lot of talk about ten 10 years ago. So we can test some that can be a lot of oil. It is money, jobs, how many jobs will be created, of the assumption and predictions eas- money in the pocket, profits; no ques- what this will do. We have even heard ily. The study was based on oil costing tion about it. I acknowledge that. that the Arctic Wildlife Refuge drilling more than $45 per barrel in the year That is not what we are measuring. is the solution in place of the stimulus 2000. Let me repeat: Here is a study We are not an oil company. We rep- or part of the stimulus during the that they are still using, they still resent the people of the United States course of last year, and it will produce come to the floor to say creates a lot of of America, and our country has to an immediate impact. It is interesting jobs, that, in fact, predicted a price of weigh that potential 5 billion barrels to note Secretary of the Interior Gale oil double what the price of oil is and what it means in the Arctic Wild- Norton has been sent around to a today, which increases the recoverable life Refuge to the curves we displayed bunch of press events in Missouri, Ar- oil and changes the entire economics. earlier that show our dependency on kansas, Indiana, and New York as a Oil back then was $25 per barrel. foreign oil, 70 percent of which goes representative of the Federal Govern- Here is another example. The study into transportation, which mandates ment—incidentally, the agency assumes that when Arctic oil flows, the that we begin to deal with a whole dif- charged with managing our public world market for oil will be 55 million ferent set of energy choices for our lands—and she has been promising the barrels per day. The world market country. drilling of the Arctic Wildlife Refuge today is already more than 70 million There is another issue we need to creates 700,000 jobs across the Nation. barrels a day, and it will be much high- think about with respect to this. We Secretary Norton’s tour, No. 1, is a po- er by the time the production occurs. need to think about how much oil is litical tour, not the management of our When the wrong and, frankly, going to be produced not in the total lands. And oil drilling in the Arctic stretched assumptions are corrected in lifetime but on a daily basis because Refuge does not create 700,000 jobs. the API study, the job estimates fall to that is what affects supply. This num- That claim comes directly from a 50,000 nationally. To put this in per- ber helps us understand what the real study that has been universally dis- spective, that is fewer jobs than what impact of the Arctic Wildlife Refuge credited. It is a bogus study. our economy generated in an average might be. Once again, the proponents First of all, the 700,000 job claim is week over the years 1997 through the of the drilling, from the White House for 1 year in about 2015. Yet you never year 2000. That is what our economy is to the Senate, have exaggerated those hear the Bush administration mention capable of doing in any week if our estimates more than they have even that. Not only is the 700,000 number a economy is moving in the right direc- exaggerated the overall recoverable oil. wild exaggeration, but it doesn’t rep- tion. April 17, 2002 CONGRESSIONAL RECORD — SENATE S2773 I will read from an Associated Press 2020, or you could use an average pro- ica they have a plan for the Nation, a article published in March a remark- duction over the life of the refuge, plan to ensure energy independence, to able story that shows that while Presi- which is about 360,000 barrels of oil. protect our national security. They dent Bush’s Cabinet Secretary, Gale I say the reason we might use any of back up the plan with a lot of talk Norton, tours the Nation promising these is that none of them, even the about national security. They have in- America 700,000 jobs, the people who overblown 1 million barrels a day, will sisted we attach ANWR to the Depart- supported the API study are distancing have any impact on oil prices whatso- ment of Defense authorization bill last themselves from it because it is faulty. ever. Use any one you want, it does not year because it was an urgent matter Here is what the article reports: matter, because the bottom line is that of national security. They hold press The authors of the 1990 study no longer you cannot affect the price even on the events with big pictures of Saddam work at the company [that prepared it], ac- day of the Arctic Wildlife Refuge’s Hussein. When two servicemen died in cording to a spokesman who acknowledged it largest production of oil. Here is why. duty to our Nation, they suggested it was ‘‘a bit out of date.’’ ‘‘We would not come Central to the idea that the refuge was about the Arctic Wildlife Refuge up with the same numbers today,’’ said Mary will lower oil prices is the notion that and that was related because we do not Novak, an economist and managing director. the United States of America, in our Some of the assumptions made more than drill in the Arctic Wildlife Refuge. a decade ago ‘‘are suspect, and you might un- production, drives oil prices. It does Their plan, this master plan that will derline suspect,’’ says Roger Ebel, a global not, and it will not. It cannot. The ensure energy independence, is simply energy expert for the Center for Strategic price of oil is set in the global market. without validity. Under no economic and International Studies. According to the Energy Information model whatsoever, under no supply and And he has been involved in the Arc- Administration, the world market for demand curve, no way whatsoever can tic Wildlife Refuge drilling debate. oil in 2020 will consume 119 million bar- 3 percent supply the needs of 25 percent The Congressional Research Service rels per day. Refuge oil, for that single and growing. It just does not happen. has looked at this question and as- peak year of 2020, would amount to be- So we need to vote accordingly here in sessed how many jobs might be created tween .25 and 1.17 percent of the entire the Senate. from drilling in the Arctic Wildlife Ref- global consumption. That is simply not The fact is that 20 years from now, uge. Its report also casts doubt on the enough, under economic models of any- we will import 60 to 62 percent of our API study. CRS said the following. body anywhere. No economic model oil from foreign countries. Nothing we First, if the economy is operating at would suggest that .25 to 1.17 percent of do, absent inventing alternatives, is full employment, jobs created by drill- the total production has the ability to going to diminish that. If we drill in ing in the refuge would come at the ex- affect that global oil price. The fact is the Arctic Refuge, we are not going to pense of an equal number of jobs in the that the average production, probably stop importing oil from Saudi Arabia. rest of the economy. In other words, if at around 360,000 barrels, is much less Nobody suggests that. We are not going we pull this economy out of recession than peak production, and we all know to stop importing it from any of these and get ourselves to full employment, that is not going to have the ability to other nations we are concerned about drilling is not going to create any addi- affect the price. So this argument is in- ultimately. tional jobs. correct. So I think it is clear that the flow of That is the Congressional Research What about independence from im- money to terrorists is not going to Service; it is not me. I am quoting the ported oil? I talked about that. I do not stop. If we drill in the Arctic Wildlife Congressional Research Service. want to repeat all of that now. But the Refuge, it is not going to suddenly Second, job creation from drilling in bottom line is there is not one single make peace in the Middle East. If we the Arctic Refuge may be as little as 8 day in which the Arctic Wildlife Refuge drill in the Arctic, our forces are not percent of API’s claims. The Congres- production will replace Saudi imports. suddenly going to come home. There is sional Research service gives a range of It just doesn’t amount to that. These going to be no change in deployment; between 60,000 and 130,000 jobs. Again, are not my numbers, these are the There will be no change in what we when the economy was expanding in re- numbers that come from the Congres- may have to do with respect to Saddam cent years, it created that many jobs sional Research Service. Hussein, which we ought to do anyway, in 3 weeks. I should point out the technical esti- regardless what happens in the ANWR. Third, should oil prices drop, which mate is not a likely outcome. It is not CRS describes as uncertain, any em- the economic estimate. I use it to Will a single soldier, marine, or sail- ployment gain from that drop would be make the point that using only the or today in harm’s way come home if offset by harm to oil producers not op- highly optimistic, greatest potential, we make a decision to drill? The an- erating in the refuge, who would then you still do not have the ability to af- swer is no. We should not. We should conceivably reduce their operations fect the total of the Saudi imports. terminate this notion that somehow and workforce, impacting suppliers and The false promises go way beyond fools people that that is, indeed, what local economies in other ways. Saudi Arabia. As we have heard them is at stake here. Let me turn to a question of price. say over and over again, ANWR will en- I want to correct one thing I said a Jobs is not the only expanded, exagger- sure energy independence; it will re- moment ago. The CAFE standards ated component of the argument. An- duce our dependence on imported oil. would not begin immediately. Earlier I other is the question of how, if we de- Nothing we have heard has revealed misspoke when I said that. The CAFE velop in the refuge, we will lower the anything except that promise is com- standards take some time to ramp up price of oil and gasoline, heating fuel, pletely inflated and unrealistic because and take effect. But had we put that diesel, all the products we produce of the relationship of the amount of oil into effect in 1990, we would today, in from oil. When we examine the facts there to the global supply. the year 2002, be saving 1 million bar- which I went through a bit earlier, the The report from the Energy Informa- rels of oil per day, which is close to the fact is, the price of oil now is not going tion Administration was requested by amount we import from Iraq. That rep- to be affected by what happens in the Senator MURKOWSKI. This report, re- resents the Iraq figure. Arctic Wildlife Refuge because, as we quested by Senator MURKOWSKI, says if I have spoken almost entirely about have seen, you have to be, first of all, you accept the EIA’s reference case for energy policy. It is my own belief that certain about the amount of oil it will oil imports and the mean estimate for this is sort of the critical moment in produce; and, secondly, there are three refuge oil production that is the most the life of the United States, in our different assumptions to make about likely outcome, oil imports will drop lives, to make a choice about our fu- the oil from the refuge. You could use from 62 percent to 60 percent for 1 year, ture. Are we going to just kind of keep the exaggerated peak production, you about 2020. Every other year, imports going down the road where we pretend can use the 1 million barrels a day you will be higher. This is, again, the En- to ourselves that just drilling for oil is hear about from the President and ergy Information Administration in re- the solution? Or do we begin to force from other supporters, or you could use sponse to Senator MURKOWSKI. the transition? the mean production, which is about So the President of the United States In the 1930s, many parts of America 660,000 barrels for 1 year, in the year and other proponents have told Amer- did not get electricity. They could not S2774 CONGRESSIONAL RECORD — SENATE April 17, 2002 get it. But Roosevelt and others de- tional Wildlife Refuge is one of the These factors, along with shallow plant roots cided it was critical for the develop- great untouched lands remaining in and a slow revegetation rate, result in a ment of our Nation, for our Nation’s America and on the northern con- fragile landscape easily disturbed by human future economy, and for our well-being, tinent. Its ecological value is unlike activities. for kids to be able to have schools with any other in the Nation and in the Why would we violate the concept of lights, to have power and so forth in world. a pristine area? Why, when oil is avail- their homes—that we got that elec- The Congressional Research Service de- able in all these other areas we talked tricity out into the rural and poor scribes the refuge as follows: ‘‘The portion of about, is there such a compelling inter- communities. So what did we do? The Alaska’s North Slope between Prudhoe Bay est in destroying that area at this Federal Government spent several bil- and the Canadian border represents this point in time? lion dollars to subsidize, to make sure country’s largest, most diverse remaining The Fish and Wildlife Service has example of a largely untouched arctic eco- we put that electricity out. inventoried some of the refuge’s envi- system. . . . The apparently hostile nature of ronmental qualities. They include: In the same way, the Government the area belies its national and international 18 major rivers; arctic tundra, the Brooks must today make a decision about the significance as an ecological reserve. It pro- Range, boreal forests, and a full range arctic well-being of our country. Are we bet- tects a virtually undisturbed, nearly com- and subarctic habitats; the Brooks Range of ter off continuing down a road where plete spectrum of arctic ecosystems, and is mountains rise only 10–40 miles from the one of the last places north of the Brooks we already know we have oil we can Beaufort Sea on the coastal plain; the great- Range that remains legally closed to devel- drill in Alaska and the North Slope? I est variety of plant and animal life of any opment.’’ have described how much we are drill- conservation area in the arctic; more than In 1959, the Fish and Wildlife Service ing, how much has been leased and put 180 birds from four continents have been wrote: ‘‘The great diversity of vegetation identified in the Refuge and its coastal plain out for lease already. We already know and topography . . . in this compact area, to- is a major migration route; Peregrine fal- we have 7,000 leases in the Gulf of Mex- gether with its relatively undisturbed condi- cons, endangered in the lower-48 states, ico. We can go down there and continue tion, lead to its selection as the most suit- thrive in the Refuge; it is home to 36 species that process. But are we going to make able opportunity for protecting a portion of of land mammals; it protects the calving the remaining wildlife and its frontiers. That the decision as a country to begin to ground of the Porcupine caribou herd, the area included within the proposed range is a embrace a future that is a different second largest herd in North America; it is major habitat, particularly in summer, for mix of fuels for transportation and home to black, brown and polar bears; 9 ma- the great herds of Arctic caribou, and count- begin to legitimately end our depend- rine mammals live off its coast; 36 fish spe- less lakes, ponds, and marshes found in this cies live in its rivers and lakes; there are ence on foreign oil? area are nesting grounds for large numbers more than 300 archaeological sites; and, The only way to change our depend- of migratory waterfowl that spend about half there are no roads, trails or developments. ence on foreign oil is to change the way of each year in the rest of the United States; Wilderness prevails. we propel our motor vehicles. Trans- thus, the production here is of importance to portation consumes 70 percent of the a great many sportsmen.... The proposed That is the question before the Sen- oil we use. I said this at the outset, and range is restricted to the area which con- ate, whether this is a valuable wilder- I want to repeat these principles. Not tains all of the requisites for year round use. ness. People say it is only going to be one of these choices we make for our The coastal area is the only place in the a small imprint; it is only going to be United States where polar bears dens are energy future should be done if it a few pipes and a few roads. The fact is, found.’’ experience has shown us that is not an doesn’t make economic sense. We do The Department of Interior found in 1987 not have to lower the quality of life for that ‘‘the Arctic Refuge is the only conserva- accurate description of what happens. Americans. We have to recognize we tion system unit that protects, in an undis- William O. Douglas, the former U.S. are going to drill for 30 to 50 years and tributed condition, a complete spectrum of Supreme Court Justice said. we have the places we can do that. Fi- the arctic ecosystem in North America.’’ It This is the place for man turned scientist nally, most of the gains in the near described the 1002 area as ‘‘the most bio- and explorer; poet and artist. Here he can ex- term, in terms of fuel use and our de- logically productive part of the Arctic Ref- perience a new reverence for life that is out- uge for wildlife and is the center of the wild- side his own and yet a vital and joyous part pendency, are going to come from effi- life activity.... The area presents many of it. ciencies in the current regime. Those opportunities for scientific study of a rel- Cecil Andrus, the former Secretary of efficiencies come from hybrids, new atively undistributed ecosystem.’’ the Interior, said: technologies, alternatives, renewables, Let me repeat that the Fish and et cetera. In some places, such as the Arctic Refuge, Wildlife Service is not a radical envi- the wildlife and natural values are so mag- Those are the principles that must ronmental group. Frankly, I am tired nificent and so enduring that they transcend guide us. But I do not want to leave out of people who refer to this sort of rad- the value of any mineral that may lie be- what I think is a critical component of ical environmental component when neath the surface. Such minerals are finite. this argument that should not be di- our own agencies—the Fish and Wild- Production inevitably means changes whose minished. It does not deserve to be de- life Service and Interior—are telling impacts will be measured in geologic time in rided in the way it has been derided by order to gain marginal benefits that may us, don’t disturb this. last a few years. some of our colleagues, with respect to This is what the Fish and Wildlife what this refuge means in terms of the Service says: Congressman Morris Udall said, environment. The closeness of the Brooks Range to the It is a whole place, as true a wilderness as Some who want to industrialize the Arctic Ocean in the Arctic Refuge creates a there is anywhere on this continent and un- Arctic Refuge call it a barren waste- combination of landscapes and habitats like any other that I know of. land. It has been described as hell. It unique in North America. The area has ex- President Jimmy Carter has written, has been described in many different ceptional scenic, wildlife, wilderness, recre- Having traveled extensively in this unique ways, but I think those descriptions re- ation, and scientific values. The Arctic Na- wilderness, I feel very strongly about its in- veal more about a point of view and the tional Wildlife Refuge is the only protected credible natural values.’’ ...‘‘I have value than it does about the Arctic area in the Nation where people can explore crouched on a peninsula in the Beaufort Sea Wildlife Refuge. a full range of arctic and subarctic eco- to watch the ancient defensive circling of systems. There are those on the opposite side musk oxen who perceived us a threat to their The Refuge includes alpine and arctic tun- young. We sat in profound wonder on the of this debate who may look at the ref- dra, barren mountains, boreal forests, shrub tundra as 80,000 caribou streamed around and uge and only see beauty in an oil rig, thickets, and wetlands. The coast has nu- past us in their timeless migration from and they may only see the foregone merous points, shoals, mud flats, and barrier vital calving grounds on the coastal plain. profit of conservation. But those views islands that shelter shallow, brackish la- These plenomena of the untrammeled earth do not reflect the science, and I don’t goons. The tundra is typically a layer of peat are what lead wildlife experts to characterize believe they reflect the best instincts overlain by a carpet of mosses, sedges, and the coastal plain as America’s Serengeti. of Americans. flowering plants. Spruce, poplar, and willow We have heard that drilling will not trees shade the south slope valleys. Let me read some of the more objec- Continuous summer daylight produces take place on the entire Refuge. Rather tive descriptions of ANWR’s environ- rapid but brief plant growth. Underlying it will take place only on the refuge’s mental value to America today and to permaforst and low evaporation cause many coastal plain, the so-called 1002 Area. future generations. The Arctic Na- areas to remain wet throughout the summer. So I want to talk some about the 1002 April 17, 2002 CONGRESSIONAL RECORD — SENATE S2775 Area and why it should be protected. It But let me just point out how drill- There is substantial scientific merit in is not a complicated issue. The coastal ing would, in fact, impact this special maintaining part of Alaska’s Arctic Coastal plain is a special place even within the place I have described. This is the last Plain in an undeveloped state for long-term environmental treasure of the refuge, thing I will do before yielding. studies of the effects on fish and wildlife re- sources of climate change in the Arctic. and it is the place where oil explo- We hear people argue that oil drilling ration is likely to do the most damage will do little or even no harm to the The statement continues: to the Refuge. Coastal Plain ecosystem. But, unfortu- The Alaska Chapter’s position statement nately, the evidence from decades of oil committee was composed of federal, state, The Department of Interior found in industry, and university wildlife biologists, 1987 that the exploration in other areas of Alaska including caribou experts—all from Alaska. 1002 area is the most biologically productive shows otherwise. It simply tells a dif- In developing the position statement, the part of the Arctic Refuge for wildlife and is ferent story. The history speaks. committee accounted for all available data the center of the wildlife activity....The The Fish and Wildlife Service has ex- relating to wildlife resources and oil develop- area presents many opportunities for sci- amined that question and concluded ment, whether the data supported or opposed entific study of a relatively undistributed the following: drilling. Most committee members have had ecosystem. All reasonable scenarios for oil develop- extensive experience working in northern The Fish and Wildlife Service has ment on the coastal plain of the Arctic Ref- Alaska and used this experience to formulate uge envision roads, drilling pads, long pipe- their recommendations. said that The Wildlife Society advocates using sound lines, secondary or feeder pipelines, housing, The Coastal Plain of the Arctic Refuge, the biological information in policy decisions. oil processing facilities, gas injection plants, part of the Refuge being considered for oil The Society desires that all scientific as- airports and other infrastructure. In addi- drilling, is the most biologically productive pects of the ANWR issue, including the un- tion, the U.S.G.S. 1998 assessment found that part of the refuge and the heart of the ref- certainty permeating the issue, be consid- oil in the Arctic Refuge appears to be spread uge’s wildlife acivity. Opening the Arctic ered openly, as the final policy is developed. out in several pools rather than in one large Refuge to oil development would threaten Careful analysis is extremely important at formation like Prudhoe Bay, making it hard- the birthing ground of thousands of caribou this time, because not only are the wildlife er to minimize the development ‘‘foot print.’’ and important habitat for polar bears, impacts of oil extraction uncertain, but nu- swans, snow geese, muskoxen and numerous A group of more than 500 ecologists, merous other issues—such as the amount of other species. biologists, and resource experts wrote recoverable oil, the potential energy benefits I repeat that the U.S. Fish and Wild- the following: from it, and the prudence of drilling in the life Service is charged with the respon- The Interior Department has predicted Refuge—are still under debate. sibility for making those judgments. that oil and gas exploration and development The society provided additional im- A group of more than 500 ecologists, would have a major effect on water re- portant details to support its conclu- biologists, resource managers, and sources. Fresh water already is limited on sion. Let me say very quickly what the Refuge’s coastal plain, and direct dam- they said: other experts from around the country age to wetlands will adversely affect fish, have assessed the scientific literature waterfowl, and other migratory birds. These Development of the Coastal Plain’s petro- and the importance of the Coastal potentially disruptive effects to fish and leum resources could have serious, long-term Plain. They made the following conclu- wildlife should not be viewed in isolation, impacts to caribou and other wildlife re- sion: however. . . . We urge you to protect the bio- sources of the Arctic Refuge. With present knowledge of the fish and logical diversity and wilderness character of Five decades of biological study and sci- wildlife resources of the Arctic Refuge and of the coastal plain of the Arctic National entific research have confirmed that the the functioning of arctic ecosystems, and Wildlife Refuge from future oil and gas de- coastal plain of the Arctic National Wildlife considering available information on the im- velopment. Refuge forms a vital component of the bio- pacts of current and ongoing petroleum de- logical diversity of the refuge and merits the I want to summarize a briefing pro- velopment in Alaska’s North Slope oil fields, same kind of permanent safeguards and pre- vided to the Senate by the Wildlife So- the primary biological concerns of the Alas- cautionary management as the rest of this ciety of America. The society was ka Chapter of The Wildlife Society regarding original conservation unit. In contrast to the founded in 1937. It is an international, oil and gas development in the Arctic Refuge broader coastal plain to the west of the Arc- nonprofit, scientific and educational include: tic Refuge, the coastal plain within the ref- association dedicated to excellence in Potential impacts on the Porcupine Car- uge is much narrower. This unique compres- ibou Herd that migrates to the Coastal Plain sion of habitats concentrates the occurrence wildlife stewardship through science of the Arctic Refuge; of a wide variety of wildlife and fish species, and education. Its membership is com- Potential impacts on muskoxen that in- including polar bears, grizzly bears, wolves, prised of research scientists, educators, habit the Coastal Plain of the Refuge year wolverines, caribou, muskoxen, Dolly communications specialists, conserva- round; Varden, Arctic grayling, snow geese, and tion law enforcement officers, resource Potential impacts on polar bears that more than 130 other species of migratory managers, administrators, and stu- use the Coastal Plain in [that period of birds. In fact, according to the Fish and dents from more than 60 countries. time].... Wildlife Service, the Arctic Refuge coastal [As well as] the effects of disturbance on plain contains the greatest wildlife diversity What makes their briefing so impor- up to 500,000 adult snow geese that migrate of any protected area above the Arctic Cir- tant is that it addresses both the sci- through the Coastal Plain; cle. entific evidence and the erroneous in- The dewatering of streams and lakes Scientists with the National Audu- formation that has been widely cir- during exploration and production activi- ties.... bon Society studied how oil develop- culated by the industry and by drilling proponents. Let me address the sci- Alterations of shoreline ecosystems for the ment might impact the millions of construction of causeways, drill pads, and birds that migrate through the Coastal entific first. I will read from their posi- other petroleum-related facilities.... Plain to locations throughout the tion on the refuge. The unknown, long-term, and cumulative lower 48 States, South America, and In September of 2001, the Wildlife So- effects of development on ecosystem proc- even Africa. They concluded that: ciety released its official position of esses critical to long-term viability and in- petroleum exploration and develop- tegrity of the arctic environment. The Arctic Refuge, including its coastal plain, has extraordinary value as an intact ment in ANWR. It was prepared and ap- Based on studies in existing areas of [intact] ecosystem, with all its native proved by the Alaska chapter of the oil development in the North Slope, birdlife. The millions of birds that nest, mi- Wildlife Society. They object to oil de- they believe petroleum development on grate through, or spend the winter in the ref- velopment on the Coastal Plain for the the Arctic Wildlife Refuge would inevi- uge are a conspicuous and fundamental part following general reasons: tably result in loss of wildlife habitat of the refuge ecosystem. The adverse effects of petroleum develop- and probable declines in some wildlife Obviously, this is a special place. ment on some wildlife species at existing populations. Those who deride it as simply a barren North Slope oil fields have not been avoided. Many times throughout this debate, wasteland, better for oil drilling than The unique aspects of wildlife resources in people have pointed to the develop- anything else, I think do a disservice the environment in the Arctic Refuge Coast- ment of the central and western por- al Plain are such that mitigation of the im- to the conservation ethic, the preserva- pacts of oil development is questionable. tions of Alaska’s North Slope, particu- tion ethic, and to the value of the eco- The long-term, cumulative effects of petro- larly Prudhoe Bay. They say this system itself, which has been preserved leum extraction on fish and wildlife re- proves that the oil companies can de- for a purpose. sources are unknown. velop the refuge without harming the S2776 CONGRESSIONAL RECORD — SENATE April 17, 2002 environment. Well, no one is going to 76 contaminated sites exist on the North dependency by putting CAFE standards dispute that wilderness goes on forever Slope and contractor performance has been in place as you would drilling in the in every place. But you cannot put an spotty. Arctic Wildlife Refuge. Prudhoe Bay is a major source of air pollu- oil drilling complex in a wilderness tion and green house gas emission among the When oil exploration is over, when area and call it wilderness. You just Arctic Coastal Plain. Prudhoe Bay facilities the companies don’t want to invest any can’t do it. You are either going to de- annually emit approximately 55,000 tons of more money in the project, what is the cide you are going to have some area nitrogen oxide which contributes to smog commitment to clean up? All over this set aside as pristine wilderness or you and acid rain. North Slope oil facilities re- country—the Presiding Officer’s State are not. That is part of what this de- lease roughly 24,000 tons of methane. Indus- of New Jersey—there are unfunded li- bate is about, in conjunction with the try has numerous violations of particulate abilities in toxic sites where the com- question of timing. matter emissions and has opposed introduc- panies don’t clean them up. We have Maybe in the United States of Amer- tion of new technology to reduce nitrogen oxides and requirements for low sulfur fuel just seen this administration seek to ica, somewhere down the road, our use. change the ‘‘polluter pays’’ principle backs will be up against the wall, and That is our own Fish and Wildlife which, incidentally, is a tax on the maybe we will not have made good eco- Service. American citizen. I don’t know if peo- nomic decisions, maybe we will not A group of more than 500 ecologists, ple are focused on that right now. have developed the technologies we biologists, and resource experts wrote Maybe it is worth a moment. When you need. Maybe somewhere down the line Congress saying: undo ‘‘polluter pays,’’ as the principle other nations all gang up, and they will Based on our collective experience and un- that has guided our cleanup in America not supply us, and the United States derstanding of the cumulative effects of oil of our toxic sites, then the question is, may be stuck in a position, and this and gas exploration and development on Who pays? The average taxpayer is tiny bit of oil will make a difference, Alaska’s North Slope, we do not believe going to pay. The Federal Government and the United States at that point these impacts have been adequately consid- is going to have to dump that money in might decide it wants to make that ered for the Arctic Refuge, and mitigation if the ‘‘polluter pays’’ principle is not choice. without adequate data on this complex eco- there. That is a tax increase on Ameri- system is unlikely. Oil exploration and de- But there is nothing in the econom- cans. It is the Bush environmental tax ics, there is nothing in the current velopment have substantially changed envi- ronments where they have occurred in Alas- on Americans. global situation, there is nothing in By ending ‘‘polluter pays,’’ we are the amount of oil that can be found, ka’s central Arctic. Since the discovery of oil at Prudhoe Bay in 1968, the U.S. Fish & now going to turn, and either nobody there is nothing in the economically Wildlife Service estimated about 800 square cleans it up—which is what is hap- recoverable oil that suggests that that miles of Arctic habitats have been trans- pening right now because we are not kind of difference is worth this choice formed into one of the world’s largest indus- putting the money into Superfund—or at this time, particularly when there is trial complexes. Oil spills, contaminated the taxpayer across the country pays. so much in the way of oil alternatives waste, and other sources of pollution have That is the problem in Alaska, too. in the Gulf of Mexico, natural gas al- had measurable environmental impacts in spite of strict environmental regulations. Who is going to clean up in the end? ternatives, and continued drilling in What is the State pristineness? Can Prudhoe Bay, the North Slope area. Roads, pipelines, well pads, processing facili- ties, and other support infrastructure have you ever restore pristine? The answer, But the record of Prudhoe Bay itself incrementally altered the character of this I think most people know, is no. is not quite as pristine as they want to system. In the year 2000, BP Alaska reached suggest it is. Oil development on the The Wildlife Society, the Alaska agreement with the Environmental North Slope has resulted in 500 miles of chapter, believes that ‘‘petroleum ex- Protection Agency to pay $7 million in roads, more than 1,100 miles of pipe- ploration and development are not war- civil and criminal penalties and $15 lines, thousands of acres of facilities ranted on the Coastal Plain of the Arc- million to carry out a nationwide envi- spread out over 1,000 square miles, 3,800 tic National Wildlife Refuge,’’ which ronmental management system. BP exploratory wells, 170 exploratory drill they have deemed, as I mentioned ear- was sentenced in Federal court in Feb- and drill pads, 22 gravel mines, 25 proc- lier, a critical area for the abundance ruary 2000 to pay $500,000 in criminal essing plants for oil, gas, and seawater, and diversity of wildlife. fines and $6.5 million for failing to re- 56,000 tons of nitrogen oxides, which We also need to look at the issue of port illegal hazardous waste disposals contribute to smog and acid rain, compliance. This is particularly true on the North Slope. which is twice as much as is emitted by when oil production starts to decline, From 1993 to 1995, employees of a the city of Washington, DC. Our Na- as it will. There is a curve here. Let me contractor up there illegally dis- tion’s Capital emits less global warm- share it with you. I have the chart in charged hazardous substances, includ- ing gas than drilling in Prudhoe Bay. the cloakroom. Maybe we can get it in ing solvents, waste paint, paint thin- Nearly 400 spills occur annually on a minute. ner, waste oil containing lead and toxic the North Slope’s oilfields; roughly 40 The point of the chart is to show that chemicals such as benzene, toluene, toxic substances, ranging from waste obviously, like any finite resource, as methylene chloride, by injecting them oil to acids, have been spilled. As much you begin production, you begin slow- into wells. They failed to report the il- as 6 billion gallons of drilling waste ly. You build up. You build up to a legal dumping as required by law. have been dumped in 450 reserves pits. peak. And then, of course, since there The Wall Street Journal, in a series Three class I injection wells have been is only so much there, you begin to of investigative stories, has docu- constructed and injected with more come down. What often happens in this mented widespread problems at other than 325 million gallons of waste. Thir- debate is we wind up with peak produc- facilities on the North Slope. On April ty class II injection wells have been tion day being the amount of oil that is 12, 2001, they reported: constructed and injected with more thrown around, whereas you have to Days before Interior Secretary Gale Nor- than 40 billion gallons of waste. work up to that and then come down. ton’s much-publicized tour of Alaska’s Several experts have examined the If you were to compare that to what Prudhoe Bay oilfields last month, state in- impacts of oil development in Prudhoe would happen, for instance, with CAFE spectors made a startling discovery: almost Bay on the environment and what it standards, CAFE standards don’t go up a third of the safety valves tested at one might mean for the oil development of and down, CAFE standards continue to drilling platform failed to close. the Arctic Refuge. Again, the U.S. Fish accrue as you go forward. Every day in The story continues: and Wildlife Service says: the future, you will be grabbing X . . . technicians say they have complained Air and water pollution and contaminated amount of carbon dioxide, sulfur diox- for years about the integrity of the indus- sites continue to be a serious problem in ide, and so forth, out of the atmosphere try’s ‘‘friendlier technology.’’ Some techni- Prudhoe Bay and are inevitable with any oil cians who operate machinery—which pro- development. Many gravel pads on the North and recapturing it or preventing it liferates on Prudhoe Bay and could be rep- Slope are contaminated by chronic spills. In from going in. licated in the wildlife refuge—are so under- addition, hundreds of oil exploratory and You can actually save three times as staffed and lacking in routine maintenance production drilling waste pits have yet to be much fuel as the peak production day. that they are leak-prone and vulnerable to closed out and the sites restored. More than You save three times as much foreign explosions. April 17, 2002 CONGRESSIONAL RECORD — SENATE S2777 On April 26, 2001, the Wall Street spect to the alternatives and renew- Fair is fair. I will talk about the sen- Journal reported: ables, alternative means of propelling atorial courtesies and the prerogatives About 10 percent of the safety shut-off our automobiles. of the past. Right now I want to answer valves in BP Amoco entire drilling operation I was just out at the National Energy my friend. At one time during his com- on Alaska’s Western Prudhoe Bay failed Alternative Renewable Energy Lab in ments he said British Petroleum does to pass state tests during the first Colorado meeting with Admiral Truly. not seek to explore in ANWR. Am I quarter.... They are doing extraordinary work. hearing right? There has been no such On November 9, 2001, the Wall Street They say if the United States were to announcement by British Petroleum. It Journal reported that an internal re- put in more effort and ratchet up our is one of the major producing entities port revealed ‘‘widespread operational research on alternative propulsion, al- in the North Slope now and, as far as I problems at its giant oil field in ternative heating, and other mecha- know, it has never been the concept of Prudhoe Bay’’—that they were wide- nisms, we could significantly advance seeking the right to proceed with the spread operational problems. Investiga- the curve in this country. commitment to explore the 11⁄2 million tors found large and growing mainte- We have not been serious about that. acres covered by the section 1002 in the nance backlogs on fire and gas detec- The only thing we appear to be serious 1980 act. tion systems and pressure safety about thus far is continuing the de- The Senator talked about jobs. That valves. The report concluded: pendency that has put us into this is wonderful. We like that. The Senator The systems are old, portions of them pre- problem in the first place. talked about drilling in the Gulf of date current code and replacement parts are So I hope my colleagues will take ad- Mexico, and he wants to develop the difficult to obtain. vantage of this vote, which represents National Petroleum Reserve of Alaska. Let me close by saying I have made an opportunity to suggest that our He has had that opportunity since he it clear in my comments that those of value system in this country, and our has been in the Senate. Nobody has us who oppose the Arctic Wildlife Ref- sense of economics, and our sense of se- proceeded at all with that. We have uge do not oppose drilling. curity are well-grounded and well- tried to get that done. We have not We embrace drilling in many parts of placed with respect to the Arctic Wild- been able to do it. It is like the rest of our country as an ongoing need for 30 life Refuge. Alaska. People say it is wilderness be- to 50 years of this country’s future. We I yield the floor. cause it is undeveloped. It is not wil- will remain oil dependent, despite even The PRESIDING OFFICER (Mr. derness in the legal sense, unless it is our best efforts, if we were to make our CORZINE). The Senator from Alaska is classified as ‘‘wilderness.’’ best efforts. I have suggested that we recognized. So far as I know, it is not possible for need an organizing principle for our en- Mr. STEVENS. Mr. President, I have that statement to be made on the floor ergy future that does what makes eco- listened with great interest to the Sen- of the Senate—that we would drill in nomic sense. We should not make ator from Massachusetts. He is a wilderness if we were to drill in the choices that don’t make economic friend. I have visited his home and I 1002 area of the Arctic Coastal Plain. sense, and we do not have to lower the have great love for his wife. I find it The Senator from Massachusetts quality of life of any American. very interesting that the Senator from belabored, I think, the CAFE standards We heard debate on the floor of the Massachusetts has discussed about concept. It would be three times the Senate a few weeks ago about what every other creature of the world but savings, he says, of ANWR. Well, kind of cars people were going to be has never talked about the people of ANWR doesn’t persist in savings; ‘‘forced’’ to drive. No American is ever the Arctic Slope. He never talked ANWR is production. Beyond that, going to be forced to drive any kind of about the Eskimo. In fact, despite re- CAFE standards deal with gasoline. We car if we do what we need to do with peated requests to go to the area, he are dealing with oil. Mr. President, 44 respect to the future. If you want to has never been there. He has never percent of a barrel of oil becomes gaso- drive a big SUV or a huge truck to been there. As a concept, I find it hard line; 56 percent is refined for other take your kids to soccer games, go to understand my friend’s continued products. You can have all the CAFE ahead, absolutely. I think most soccer reference to the ‘‘wilderness area’’ and standards you want. If you want the moms in America are outraged that drilling in a ‘‘wilderness area.’’ other products, you have to refine a cars get as little mileage for the gaso- The 11⁄2 million acres of the Arctic barrel of oil. There is too much talk line as they do. They would love to pay Coastal Plain is not a wilderness area here about gasoline being oil. One time less when going to the gas station to and was never designated as a wilder- the Senator from Massachusetts said 70 fill up. ness area. Drilling there would not be percent of the oil goes into transpor- All of that technology is available to drilling in a wilderness area. It is un- tation. That is not so at all. Maybe 70 us to allow people to drive the car of fortunate that the Senator, and others, percent of the gasoline goes into trans- their choice that is more efficient. continue to say that because it rep- portation, but it is not oil. In fact, the There are many choices available to us. resents a breach of faith. bulk of the oil goes for a lot of things, We can drill in those 7,000 leases in the Paul Tsongas, in fact, did offer four including home fuel, jet fuel, kerosene, deepwater drilling of the Gulf of Mex- amendments to the 1980 act. One of and lubricants. I wonder how far our ico. I have gone through the long list of them he withdrew. It was on the Coast- aircraft would fly if we stopped refin- the Arctic leases that were available al Plain. There was a compromise on ing a barrel of oil to get jet fuel. You that were put out last year. The largest the Coastal Plain. I, too, am sad that would still have the part of the barrel oil and gasoline lease in the history of Senator Paul Tsongas and Senator that would make gasoline. our Nation, just over a year ago, was Scoop Jackson are not here because, I remind those who are looking at 950,000 acres on the North Slope. They were they here, they would say a deal this chart that these are items made have scheduled 15 oil and gas leases on is a deal. from oil—from toothpaste to deodor- 15 million acres now. The third lease We passed out the letter that Senator ants, footballs, lifejackets, pantyhose, sale of a planning area of 10 million Jackson authored with Senator Hat- lipstick, dentures, and they all come acres is coming right down the road. field, which is on every Senator’s desk, from a barrel of oil. We don’t need to drill in the Arctic which says: Mr. KERRY. Will the Senator yield? Wildlife Refuge and destroy the con- Mr. STEVENS. I did not interrupt cept of a pristine refuge in order to ac- One-third of our known petroleum reserves are in Alaska, along with an even greater the Senator. complish our goals of, in fact, being proportion of our potential reserves. Actions Mr. KERRY. Does the Senator want independent or improving the national such as preventing even the exploration of to have a dialog? security of our country. That is really the Arctic Wildlife Refuge, a ban sought by Mr. STEVENS. I will have a dialog the choice here, for all of us in the Sen- one amendment, is an ostrich-like approach when the time comes. ate: Whether we will respect this con- that ill-serves our Nation in this time of en- Mr. KERRY. I thank the Senator. cept until we find 15, 20, 30 years from ergy crisis. Mr. STEVENS. A real problem is the now that we leaders of the country That is the letter signed by Senators people who really take advantage of have not made wise choices with re- Jackson and Hatfield in 1980. the Nation when we are evenly divided, S2778 CONGRESSIONAL RECORD — SENATE April 17, 2002 the minority of the population—2 per- back in the fifties. I tell you, they had President. I see two other Senators are cent—which represents these radical a very small runway. Wiley Post in the Chamber. environmentalists. The Democratic crashed just north of there. We landed Mr. WELLSTONE. Mr. President, I Party sees fit to seek to win elections at this little village in which the peo- will be pleased to follow the Senator by preventing us from proceeding with ple lived in terrible circumstances and from Texas. I ask unanimous consent the prospect of discovering oil on the conditions. They had no modern con- that I follow the Senator from Texas. Arctic Plain, but it has not been a tra- veniences at all. I invite you to go up The PRESIDING OFFICER. Is there ditional position of that party because, and take a look at Barrow—five-, six-, objection? obviously, the two people who reserved eight-story buildings with elevators, Mr. STEVENS. Mr. President, with this area were, in fact, Democratic beautiful schools, a wonderful airport, the understanding I may resume the Senators—Senator Jackson and Sen- tremendous people enjoying their life- floor later this afternoon, I will yield ator Tsongas. They were Democratic style. They like the Arctic. That is the floor to these Senators. Senators. They entered into a commit- their home. They like their opportuni- The PRESIDING OFFICER. Without ment with us that this area would be ties now to have their feet in both the objection, it is so ordered. explored, and if it proved to be not a present and the past. They are wonder- Mr. WELLSTONE. The Senator from situation where irreparable harm ful people. They make tremendous citi- Texas will speak, and then the Senator would occur on the Arctic Plain, this zens of the United States, and there is from Minnesota follows; is that cor- area would then be faced with a request no question they want to proceed. rect? from the President and the Secretary I have a letter that went to Senators The PRESIDING OFFICER. That is of the Interior to proceed with oil and DASCHLE and LOTT in April of this year correct. gas leasing. from the Kaktovic Inupiat. This is a The Senator from Texas. Oil and gas leasing is prohibited at photograph of some of their children. Mrs. HUTCHISON. Mr. President, I the present time. We know that. It is They say they want the promises given thank the Senator from Alaska. In prohibited by law. The 1980 act prohib- to them. They want this area open. fact, I thank both Senators from Alas- ited oil and gas leasing in this area They are the only residents of the 19.6 ka for leading this very long fight to until the procedure is followed. This is million acres that were recognized open up a very small portion of their the procedure. It has taken us 21 years within the boundaries of that refuge. State for the purpose of exploring and to get to this point. They own some of the land. They own drilling to make America more stable This is the ‘‘Arctic National Wildlife 92,160 acres of the land, and they are in this crisis in which we find our- Refuge Coastal Plain Resource Assess- currently prohibited by the Federal selves. ment Recommendation to Congress and Government from drilling on their land I want to go back over what is in the Legislative Environmental Impact because of the situation in the 1002 Murkowski-Breaux amendment be- Statement’’ required by the law of 1980. area. cause I think if you listen to some of It demonstrates that there would be no They were told to wait until the ap- the debate, you will be confused. irreparable harm to this area if oil and proval was given by Congress to pro- First, the key provision is a provi- gas leasing would proceed. ceed in the whole area. They seek—and sion I put in this amendment early on I have some real problems with what I hope before we are through, we will that says the President must find that is going on here. I want to talk about recognize their request—to use their it is in our national economic and secu- them at length later. I understand the own lands to determine whether or not rity interest to drill in ANWR. The Senator from Texas wishes to speak, so beneath those lands there are oil and President must consider the impact on I will be glad to yield to her when she gas resources. That is another matter increasing the independence we would is ready. we will go into. have on foreign imports for our basic These people, the Eskimos, the They say: energy needs in this country. Inupiats who live on the North Slope, We don’t have much, gentlemen, except for seek this decision by Congress. They the promises of the U.S. Government that This amendment limits the size of want this area to be explored. Their the settlement of our land claims against the production to 2,000 acres, and in that schools, their roads, and their future United States would eventually lead to con- 2,000 acres it is confined to a part of depend upon jobs. This is their area. trol of our destiny by our people. the Arctic National Wildlife Refuge They believe it can be done safely. That is denied now by the opposition that is plain. There are no trees and They even own some of the land up of the majority party to this amend- wilderness in this part of ANWR. We there. ment that is before us. are talking about drilling on 2,000 acres Mr. President, did you know they are We believe this will be the largest in an area the size of the State of prohibited from drilling on their own oilfield on the North American Con- South Carolina, where there are no land, land they received from the Fed- tinent, somewhere in excess of 40 bil- trees whatsoever. eral Government in settlement of their lion barrels of oil. We do not build In addition, I think it is important to claims? There is no question—no ques- paved roads; we build ice roads in these note that we have limited in this tion—that these people want to pro- areas. It is true that on State lands, amendment when they can drill. They ceed. where Prudhoe Bay was discovered— can drill between November and May, The Senator was referring to this those are State lands—they are subject when the land is frozen. There would be land as wilderness. Those people live to the construction of roads by the per- ice roads and ice runways. The foot- right there. This is the village that is mission of the State of Alaska. It is an print on the land would be minimal to within what the Senator from Massa- entirely different situation than being none because they would be using the chusetts calls wilderness. This is not within the 1002 area which is subject to ice roads rather than driving on the wilderness. This is the home of the total control by the Federal Govern- land. Inupiat people, the Eskimo people of ment. In addition to that, the caribou, Alaska. The House has already limited the which is an animal that mates There are some Alaska Natives who use of this 1002 area, 1.5 million acres, throughout the Arctic National Wild- live on the South Slope who really are to 2,000 acres of surface—2,000 acres out life Refuge, mates during the summer- part of the Canadian Indian nation of 1.5 million acres. That is what we time. There would be no drilling in the known as Gwich’ins. They oppose this. are being denied the right to use. summertime. Any argument that this We know that. They are probably up in I do believe it is unfortunate that we might in some way disrupt caribou the galleries now. They oppose it, but have the concepts now of so many peo- mating is not a valid argument at all. the Alaska Eskimos do not oppose it. ple who enjoy life and make so many There would be 1.5 million more acres They live there, and they want this de- studies from afar. They are making of real wilderness that would be des- velopment. They want to see it devel- studies from all of these scientific or- ignated as wilderness where they could oped. ganizations that are supported by these not drill—this is in addition to ANWR The first time I went up to the North environmental organizations. I am in exchange for opening this nonwilder- Slope, it was a very sad visit. It was going to talk about those later, Mr. ness area of the Coastal Plain. April 17, 2002 CONGRESSIONAL RECORD — SENATE S2779 It is a balanced amendment. The en- America and shut down their factories, royalty help that we give for deep drill- vironment is protected. It is very im- keep them from being able to drive to ing in the Gulf because it is more ex- portant that we look at the environ- work, shoot the prices so high the air- pensive and takes more research and mental safeguards America would put line industry starts to crater,’’ then exploration. on drilling in ANWR to assure that we are we not going to beat them from Senator Bennett Johnston of Lou- will have environmental standards. within? Maybe we do not have to beat isiana passed a royalty relief bill that This same reserve may well be drilled them from without because if their takes the first part of oil royalties in Russia which is very close to Alas- economy starts sinking we are going to from deep well drilling in the Gulf. It ka, as we all know. About 20 miles sep- win. Of course, they are right. abates those royalties in order to cre- arates them at their closest point. If we allow that to happen, we are ate an incentive for companies to add They could drill right across the not responsible stewards of our coun- that expense of drilling in that deep coast from Alaska, and we do not know try. Gulf area. That credit lapsed and is no what their environmental safeguards Iraq has, in fact, said they are going longer in effect. The House energy bill would be. We certainly would not have to stop exporting oil that could come puts that back in play. control over them, and that would af- to America. With Iraq using this as a We should do that. That is a valid in- fect the Alaska coastline even more be- weapon, and other countries possibly centive because it would produce more cause we would not have control of the doing the same, or deciding that per- oil in the Gulf. way Russia might decide to drill. They haps they cannot export any more be- In the Senate bill, there is very little might not decide to drill only in the cause of their internal situations, then about production, aside from the mar- winter. They might not decide to put what are we going to do if we have not ginal well tax credits which were my in any limitations on the kinds of ships planned ahead? bill. I have fought for the marginal that would come in and out of the The Senator from Massachusetts well tax credits for a long time. I am water. I think that maintaining con- says we should conserve our way out of pleased that they are in the bill be- trol is the better environmental argu- the crisis, but let’s look at that. The 10 cause the marginal well tax credits ment. most fuel-efficient automobiles in could help the marginal, small, little ANWR would produce at least a mil- America make up 1.5 percent of the bitty wells to give them a floor so that lion barrels a day. That is about the automobile sales in America. In Amer- anyone willing to go in and tap a site, amount we import from Iraq every day. ica, we have long distances to drive. In that would produce only 15 barrels a The percentage of the U.S. oil needs America, people have big families, and day or less, would be able to withstand that would be met by ANWR is nearly we know a heavier car is safer than a the falling prices. A number of those 5 percent. We consume 20 million bar- small car. So it would seem the Sen- small wells were closed when oil was rels of oil a day. We import 12 million ator from Massachusetts would demand $11 a barrel a couple of years ago and of those barrels. We are right at 60 per- that people have only the choice of an they haven’t been reopened because of cent of our needs every day having to unsafe car, that is not the one they the instability of the prices. be met by imports. Our ANWR produc- want for their families, as a way to be- If all the small wells are drilled and tion would make up for 8 to 10 percent come more stable in our economy. producing, we do have that credit in of our current imports. I fundamentally disagree with him this bill which will equal the amount I heard the Senator from Massachu- that this is the right approach. I think we import from Saudi Arabia. It is a setts say this is going to be a drop in we need to look to our own resources significant amount. It takes 500,000 the bucket for our energy needs; that as part of a balanced package that wells to do it. These are generally this really gets us nowhere. So why would keep our country strong. small businesspeople. That is good. would we do it? I think we should have incentives for Other than that, there is nothing in We would do it because we need to do more fuel-efficient automobiles, so this bill that speaks to production. The everything we can to maintain our own that if people make that choice of their House bill has the incentives for deep stability and to look to ourselves for own free will, and if that meets their Gulf drilling, which I think is very im- our economic and security needs. I family’s needs, they would be able to portant and I certainly hope will come would rather be looking at American do that and maybe even get a tax cred- out of the conference report if we can jobs with American resources, Amer- it for it. I think we need to look for al- pass the bill before the Senate. ican production and American control ternative forms of energy. I think we The House has ANWR, which the Sen- than to say 60 percent imports for our have walked away from nuclear power- ate does not, and about which we are needs is OK. I especially think that the plants, which are known to be the most fighting and talking today. ANWR is a argument falls flat when we realize clean and effective ways to produce significant addition to our own na- that the 60 percent includes some of electricity. I think there are new tional stability. The ability to control America’s known worst enemies, such things we will be able to find in the fu- our destiny rests in ANWR and deep as Iraq. Iraq has threatened America ture, such as ethanol, hopefully, be- Gulf drilling. When you put those to- before; so have some of the other coun- coming more reasonably priced; other gether with increasing nuclear capa- tries from whom we import oil. Then forms of wind energy that certainly bilities, clean coal burning, wind, and there are countries with whom we have could produce electricity, not in the other forms of renewables, a balanced great friendships, such as Venezuela. great amounts we need at this time, package of conservation and produc- They also send us about a million bar- but I think Americans are ingenious tion includes ANWR and the deep Gulf rels a day but they are in upheaval. and we will find other sources. But incentives. There are strikes and the government that should not be all we need to do. As we debate this, I hope some of our is in a very precarious situation. So We need to have a balanced plan that Members, who have said they are very while we would certainly count Ven- also allows us to produce the amount concerned about drilling in ANWR, will ezuela as a friend, they are not as reli- of energy we would need to keep our look at the facts: ANWR has no trees in able right now as we need to have. country strong. The major sources of the part we will drill, it would only be I think we need to look at this whole oil in this country are ANWR and the done in the winter when you use ice ANWR issue in light of the cir- Gulf of Mexico. We are drilling in the roads and ice runways so there is no cumstances. I have always felt that Gulf of Mexico, but we have not yet footprint on the land, where it would America needed an energy policy that found the technology to go as deep as not hurt the environment, but, in fact, depended on our own resources. Today, we would need to go in parts of the would be severely restricted by envi- it is no longer an option. It is no longer Gulf of Mexico to tap the added re- ronmental concerns. a matter of good public policy; it is a sources that might be available there. If we are going to have affordable, re- necessity. It is a matter of national se- We do however certainly have the capa- liable, and clean energy, we must have curity that we control our own econ- bility to look to that resource as well. a balanced package. Not to pass a bill omy. In the Senate bill, we do not try to that gives the amount we import from If countries, that would do us harm, help get the Gulf of Mexico oil. No. The Iraq and Saudi Arabia and Venezuela is could say ‘‘we will stop exporting oil to House bill allows us to continue the hardly worth the effort because it S2780 CONGRESSIONAL RECORD — SENATE April 17, 2002 wouldn’t give enough stability to con- sumes for 6 months. We are talking to address the very serious problem of trol our own destiny. about oil that is not recoverable for an- legacy costs of steelworkers or, in my It is essential we pass a bill that al- other 10 years. And we are also talking State, taconite workers—that is to say, lows America to control our economy about continuing to barrel down this people who are retired and who are los- and will produce American jobs. We are oil path, this fossil fuel path, which is ing their health care benefits and their talking hundreds of thousands of jobs. destructive to our environment. insurance benefits. That, in itself, helps stabilize our econ- I am an environmental Senator from We need to respond to this pain. I am omy. That is why the Teamsters Union the State of Minnesota. I am concerned a part of a real effort, a bipartisan ef- and the building and trade unions have about global warming. In many ways, fort with Senator ROCKEFELLER and been so helpful in this effort. I have it is not our future. There is a different Senator SPECTER, to deal with legacy never seen a union so committed and future. costs and to provide the help to people. so sincere and work so hard as the I come from a State, for example, a This amendment on this bill is not au- Teamsters to try to keep these jobs in cold weather State at the other end of thentic. It is not a real effort. In many America. We have lost many jobs, the pipeline. When we import barrels of ways I cannot think of an amendment thousands of jobs, since September 11. oil or MCFs of natural gas, we export I am more in opposition to because I These are good-paying jobs that billions of dollars. Last year our en- think, frankly, it takes advantage of would become available if we drill in ergy bill was between $10 and $11 bil- the pain of people and the hopes of peo- ANWR and in the deep Gulf—not only lion, but we have wind, biodiesel and ple, it is an amendment that does not the jobs on the rigs themselves, but all ethanol, biomass electricity, saved en- do the job. of the companies that produce the pipe, ergy, efficient energy use, and clean Why in the world are we now being all of the companies that produce the technology and small business. There told on the floor of the Senate the only oil-well supplies. is another direction that we can go. way we can get relief to thousands of It would be a huge boost to our econ- There is simply no reason to destroy a steelworker retirees around the Na- omy. However, most importantly, it pristine wildlife refuge. There is no tion, where their health benefits and would stabilize our economy from oil reason to do this environmental dam- their life insurance is in jeopardy, is by price spikes that will hurt our airline age. tying it to what the oil industry wants industry, that will hurt our factories, One of the most moving meetings I to do in Alaska? I would like to know that will hurt profitability and start ever had was with the Gwich’in people who made that linkage, and how any- causing more layoffs if we do not get who live on the land. They made the one can argue that is the only way we control. appeal to me as a Senator out of their can help steelworkers, retired steel- I thank my colleagues for finally al- sense of environmental justice not to workers, or, for that matter, whether lowing this amendment to come for- let this oil drilling go forward. or not this, in fact, is even a real ef- ward. It is our responsibility to pass This whole idea of energy independ- fort. this amendment for the limited explo- ence for America, based upon another Let me explain. The amendment does ration in ANWR with the environ- idea that we drill our way to independ- not deliver on the promise. Senators mental safeguards and with the very ence, makes no sense. The United come out here and say the only way we specific times that assure we would not States of America has 3 percent of the can do this is from the royalty from have a footprint on the land. This is world’s oil reserves, but we use 25 per- the oil drilling. The Senator from Alas- our responsibility. It is a national se- cent of the world’s supply. Saudi Ara- ka says the legacy costs could be as curity issue. It is an economic issue. If bia has 46 percent of the world’s sup- high as $18 billion. I think the costs are we don’t look out for America, who ply. about $14 billion over 10 years. Drilling will? This is the Senate of America and On each point, I take my colleagues in ANWR cannot produce those kinds we must look out for the people, for to task. I don’t think we get more en- of Federal revenues. This amendment the jobs, for the security of our coun- ergy independence from this. I don’t dedicates much of the ANWR revenue try. That is what we have been elected think we get lower prices for con- to other purposes. to do. It is our job and it is time to step sumers. I don’t think we do better for According to the Congressional Budg- up to the plate and do the right thing our environment. Frankly, this pro- et Office, nonpartisan CBO, less than $1 for the people who have put their trust posal represents not a big step forward billion of the revenue from ANWR is in us. but a big leap sideways, at best. going to be available, in this amend- The PRESIDING OFFICER (Mrs. On the jobs count, we can go back ment, to pay for steelworker legacy CARNAHAN). The Senator from Nevada. and forth and back and forth. Senator costs over 10 years. In other words, less Mr. REID. I have spoken with the KERRY spoke; Senator LIEBERMAN will than one-tenth of what the CBO says two managers of the bill. I would like speak. I know what the American Pe- we need to cover these legacy costs for to propound a unanimous consent re- troleum Institute has said about the steelworkers, for the taconite workers quest that Senator WELLSTONE be rec- jobs. I also know when we look at the who are the steelworkers in northern ognized for 20 minutes, Senator Congressional Research Service, which Minnesota—less than one-tenth of LIEBERMAN for 20 minutes, Senator we all look to as an independent re- what we need is covered by this amend- BOND for 20 minutes, and Senator LOTT search organization, we are talking ment. And that presupposes the House for 10 minutes, in that order. about 60,000 jobs. Republican leadership would sign onto The PRESIDING OFFICER. Without If you move down another path where it—they have not—and that this ad- objection, it is so ordered. you are not so dependent on big oil and ministration would sign on to it. They The Senator from Minnesota. where you really look at renewable en- have not. Mr. WELLSTONE. Madam President, ergy and saved energy, it is much more So what we have here is a little bit of when I first came to the Senate, my labor intensive, it is much more small sleight of hand, where you get oil drill- first year here in 1991, I think with business intensive. It creates many ing for ANWR in the House bill—it is in Senator LIEBERMAN and Senator BAU- more jobs, and it is much more respect- there—and in the Senate bill. You get CUS, we started a filibuster against well ful of the environment. It keeps capital less than one-tenth of what we need for drilling in ANWR. We succeeded. I am in our communities. That is the mar- legacy costs. That is all you get. But proud to be part of this effort as well. riage we ought to make here on the you do not have any prior agreement With all due respect, as I listen to floor of the Senate. We don’t need to be from the House Republican leadership, some of my colleagues speak, they doing the bidding of these big oil com- and they take it out in conference. You make the case we need to do this for panies any longer. do not have any prior agreement from our own national security; we need to In part 2 of my presentation—I will the White House. They take it out in do this for energy independence; we stay under 20 minutes because there conference. need to do it for our consumers. I think are many Senators who want to I have to tell you, this is in many it has precisely the opposite effect. speak—I want to turn my attention to ways this amendment tells a horrible We are talking, altogether, the equiv- a portion of this amendment, the sec- story. The steelworkers, hard-working alent of what the United States con- ond-degree amendment, which purports people—the range has seen tremendous April 17, 2002 CONGRESSIONAL RECORD — SENATE S2781 pain. LTV workers are out of work. Where is the administration on this? not do what all of us say we want to do, This doesn’t help people out of work I have not heard the administration which is to break our dependence on now who are also losing their health commit itself to anywhere close to the foreign oil. And it will provide no price care benefits. But for retirees, it says amount of revenue we are going to relief to American consumers of gas we can help you, but the only way is if need to cover legacy costs. The silence and oil. you go along with what the oil indus- of the White House on this question is The fact remains that drilling in the try wants, and if you look at the fine deafening. The silence on the part of refuge would not produce a drop of oil print, you find out this doesn’t meet the House Republican leadership is for a decade—far beyond the time of more than one-tenth of the cost. deafening. And the effort to have an the current crisis in the Middle East Where is the commitment from the amendment attached onto this amend- which some have tried to use to gain White House? Where is the commit- ment which purports to help taconite support for this proposal to drill; and, ment from the Republican leadership? I workers on the Iron Range but which even then, after the decade, far too lit- tell you what, we will bring a bill out really does not—as opposed to the real tle to change in any meaningful way to the floor which will cover legacy effort and the real fight which we will our dependency on foreign oil. Even if we did allow the drilling for costs. Then all Senators get a chance make—troubles me. to vote on it. Then we can decide who There are too many people and too oil in the Arctic Refuge, this adminis- wants to provide the help to people. much pain. People are hurting. We tration’s own Energy Department con- cluded that drilling in the Arctic Ref- By the way, it is also help to an in- should not be playing around with this. dustry that simply is not going to be The second-degree amendment de- uge would only reduce our dependence on oil by 2 percent 20 years from now. able to compete without our doing so. serves to be defeated. The underlying That is in the year 2020 or thereabouts. I want to say, the second-degree amendment deserves to be defeated. I We would depend on foreign sources of amendment—it is so interesting. I have urge my colleagues to vote against clo- oil for 60 percent of the oil we use in- another piece here. There actually will ture, and I believe we will have a be no oil produced on lease on the stead of 62 percent. Is that 2 percent strong vote against cloture. worth destroying this beautiful piece of Coastal Plain which will be imported I yield the floor. except to Israel. There is even language America? The Senator from Connecticut. The fact is, even if the oil were com- of oil for Israel. Oil for Israel, legacy Mr. LIEBERMAN. Madam President, ing out of ANWR, notwithstanding sug- costs for steelworkers—although not I thank my friend and colleague from really. It is not real. But this seems to gestions to the contrary, it would be Minnesota for what is, for him, a char- priced at world prices. So there me to represent the old politics where acteristically truthful, passionate, and you are trying everything to get the wouldn’t be any relief given to Amer- in some senses, courageous statement. ica’s consumers if we allowed the drill- votes. You do not know what else to do But it is typical of his service here. I so you start adding on all these other ing for oil. No, the only way for us to thank him and all the others of our remove our economy from the troubles amendments, and you think you can colleagues who have joined in this fili- buy off this group of people or buy off in the Middle East that are going on buster to stop the drilling for oil in the now or that may go on in years ahead this vote or get this vote or get this Arctic Refuge. vote. is to end our dependence on foreign oil. I must say for myself, in the 13 years As my colleagues have said over and I am a Senator from Minnesota. I now that I have been in the Senate, I want to make the final distinction be- over again, we don’t have much oil left cannot remember the last time I said I within American control and within tween a real effort and my position on would participate or proclaim to par- ANWR so it is clear. I am opposed to America’s land—3 percent of the ticipate in the leadership of a fili- the oil drilling. I led a filibuster when world’s reserves of which we use 25 per- buster. But I have done that in this I first came here. I am opposed to it cent every year. It is just not there. case because I remember what Senator now. I will vote against oil drilling in Therefore, if we want to break our de- BYRD instructed us on some time ago— ANWR, period. pendence on foreign oil, as mighty a The second distinction, I am for a that the purpose of the filibuster, nation as we are militarily and eco- real effort to deal with the legacy costs which is to say the requirement for a nomically, if we want to truly remain of retired steelworkers. We have to. I supermajority to proceed with 60 votes, strong and invulnerable to pressure am working with a bipartisan group of is to prevent us from allowing the pas- from nations that are weaker than we Senators who are equally committed. sions of the moment to sweep through are but have oil within their land, then If we want to talk about what kind of Congress and become law and do last- we have to break our addiction on oil. revenue we are going to need, it is ing damage to America’s values and in- We have to develop new sources of en- going to be, over 10 years, about $14 bil- terests. ergy. We have to conserve more. We lion. There is less than $1 billion reve- If there ever was an example of how have to use the gifts of ingenuity and nues from actually ANWR revenues to the temporary passions of a moment, if technology that have created so many cover the legacy costs. That doesn’t do responded to in law, could do perma- miracles in our time to help us power the job. nent damage to our great country, its our society and our economy in a way The steelworkers know this and they values, and interests, quite literally, that is not only cleaner than oil but, have said so. We don’t need to be doing then this debate over the drilling in most important to the moment, is the bidding of the oil companies to help the Arctic National Wildlife Refuge is within our control and our possession. the steelworkers. We can do that on exactly that. Surely, we can do it. our own. We can do that right here on I rise to oppose the amendments be- As part of doing this, I say, as so the floor of the Senate. fore us and oppose the motion for clo- many others who oppose drilling for oil When we bring the legislation out, it ture. This proposal has been before us in the Arctic Refuge have said, we are will be a tough fight. I do not know for a long time. I remember discussing not opposed to all development of where the administration will be. it in my campaign for the Senate in America’s energy resources. Far from Frankly, I think we need their commit- 1988. It has risen and fallen over the it. While we must move beyond our de- ment first because if we do not get years, but the basic heart of it remains pendence on fossil fuels, we cannot do their commitment first, we will never wrong. It is to develop one of the most it immediately, requiring us to con- be able to provide it. It will be $14 bil- beautiful places in America, the Coast- tinue to pursue supplies of oil, and par- lion over 10 years. We have to do it for al Plain of the Arctic Refuge, known as ticularly to pursue supplies of fuel. In the industry, for this industry to have the American Serengeti, inhabited by fact, may I say as a Democrat that I a chance, an industry that is so impor- 135 species of birds and 45 species of am proud that the Clinton administra- tant to the national security of our land animals. The plain crosses all five tion actually leased more land for en- country. This is a national security different ecoregions of the Arctic. ergy development than either the question. But we also have to do it to To take this magnificent, unspoiled Reagan or previous Bush administra- make sure we get the help to people piece of nature and develop it for what? tions. who have worked so hard all their For a very small amount of oil no soon- But those decisions were evaluated, lives. er than a decade from now, which will such as the decisions we shall make S2782 CONGRESSIONAL RECORD — SENATE April 17, 2002 and should make in the future, which What we would gain I have talked jobs are short term, most of them in is to determine the environmental im- about. It would take at least 10 years, construction, as opposed to the perma- pact of that exploration—to hold the and then there would be, at best, a 6- nent jobs that would be created by new test up. How much energy will we get? month supply of economically recover- energy industries, new energy tech- What damage will it do to our environ- able oil—a yield that would be spread nology industries created all over ment? By that test, the Arctic Refuge over 50 years. America. does not pass. What are the costs? The visible dam- In order to try to settle this ques- Let me show my colleagues a map of age would be substantial: an environ- tion, the Joint Economic Committee the North Slope of Alaska. Here is this mental treasure permanently lost, hun- looked at the question and found that very small area of the Coastal Plain. dreds of species threatened, inter- the proposal would result in modest That is what our colleagues from Alas- national agreements jeopardized, oil employment gains, peaking at an esti- ka want to be able to drill. Compare it spills further endangering the Alaskan mated 65,000 new jobs nationwide in the to all the rest of this that is now open landscape, and an increase in air pollu- year 2020. That would be an increase in and, in many cases, already leased for tion and greenhouse gas emissions. projected employment by less than oil exploration. This is a very small The unseen damage of drilling would one-tenth of 1 percent over that time— part of that area. There is very active be just as real: a nation—our Nation— certainly nothing to sacrifice a na- exploration and drilling going on in the lulled into believing it has taken a step tional treasure for, particularly when rest. toward energy independence, when it we have so many better, new energy al- We are not asking to take out every has done no such thing; a nation be- ternatives that will create so many possibility of development in enormous lieving it is extracting oil using so- more longer lasting jobs. swaths of land. The fact is, companies called ‘‘environmentally sensitive’’ I would like to say a word about the have made promising new discoveries methods when it will not—all in all, oil prices impact from drilling in the at the locations in blue that I have just the American people misled in both Arctic because American consumers indicated. For example, last winter meanings of that term, not appre- are sensitive and, appropriately, accus- Phillips announced major discoveries ciating the reality, and also a failure of tomed to being concerned about the ef- of three significant oilfields in the Na- leadership by those of us who are privi- fect of world political and economic tional Petroleum Reserve in Alaska. leged to serve here in Washington. events on oil pricing and gasoline pric- The oil companies have plans to drill Finally, this plan would violate some ing and may be deceived into thinking up to 59 exploration wells over the next of our most treasured American values. that if we drill for oil in the Arctic Ref- 5 years. None of that is going to be af- I speak particularly of the values of uge, we will be protected from inter- fected by our desire to stop these conservation. This plan presents a false national oil price fluctuations. amendments, which aim to get into promise of job creation, a false promise Drilling would have no impact on that last very special and important of economic stimulus, a false promise U.S. oil prices, even under the inflated area to preserve. of energy independence, and a false estimates for petroleum potential that What about that small green section promise of environmental sensitivity. are cited by drilling advocates because in the corner of the map that I pointed The first claim my colleagues make the price of oil is determined by broad, to? The so-called 1002 area of the Arctic is that drilling in the Arctic is a nec- global supply and demand, not by the Refuge is the small biological heart of essary part of a balanced, long-term presence or absence of an individual the ecosystem. Again, we are not ask- energy strategy. But, I say respect- oilfield. ing for the entire North Slope to be fully, calling drilling in the Arctic Ref- Let’s look, for example, at the case of protected. We only ask for the small uge part of a strategic energy plan is Prudhoe Bay. In 1976—the year before piece of land that serves as the most like calling oil a beverage. It is lit- the largest oilfield ever discovered in essential and vital habitat in the re- erally and figuratively hard to swal- North America entered production—a gion. Much to the contrary of what has low. barrel of West Texas Intermediate been argued, the area is not even the This ill-considered plan will do noth- crude oil sold for $12.65 and standard most promising of the North Slope for ing to wean us from our dependence on gasoline averaged—I take a deep breath exploration for oil. foreign oil. But we do have such a pro- here—59 cents a gallon. That was 1976. Let me quote from comments of an posal which would take aggressive and Two years later, with Prudhoe Bay oil industry consultant in a recent New strategic steps in pursuit of new now adding more than 2 million barrels York Times article: sources of energy and better conserva- a day to domestic supply, in 1978, West There is still a fair amount of exploration tion; and that is the underlying bill Texas Intermediate crude had in- risk here: You could go through eight years fashioned by Senator BINGAMAN, Sen- creased by more than 15 percent to of litigation, a good amount of investment, ator DASCHLE, and others working with $14.85 a barrel and gasoline averaged 63 and still come up with dry holes or uneco- them. It would provide us with the re- cents a gallon. It went up. During the nomic discoveries. sources we need in the short term by next 2 years, as Prudhoe Bay produc- Listen to the comments of a spokes- measures such as expediting the nat- tion increased, oil prices also sky- man for BP Alaska: ural gas pipeline from Alaska and pro- rocketed to $37.37 per barrel, while gas- Big oil companies go where there are sub- viding the resources necessary to proc- oline nearly doubled to $1.19 a gallon— stantial fields and where they can produce ess the many lands already leased for all because of world oil prices. oil economically. Does ANWR have that? exploration. This obviously does not demonstrate Who knows? I want to share with my colleagues a a relationship between Alaskan oil and We owe it to the American people to few words on the question of the effect gasoline prices that will be paid around determine whether the measure before that drilling in the Arctic might have the world. us is responsible and responsive to our on jobs because that is an argument In closing, I want to get back to what energy needs or whether it is simply a that has been made. this all says about our values and the distraction that threatens to bring Drilling in the Arctic Refuge will ac- choices we have to make. The question down the 400-plus pages of good energy tually create fewer jobs than dozens of is, Are we willing to destroy a habitat policy contained in the underlying bill. the smarter alternatives that would that is home to so much beauty and To determine that, I think we need create new industries using American wildlife and deprive future generations only to ask a very businesslike, very technology that will be encouraged by of visiting and experiencing this mag- American question: What do we gain the underlying bill. The much quoted nificent part of our country in return and what do we lose? I can tell you study claiming that the Arctic drilling for what will slightly—2 percent out of what we would gain in less than a would result in 750,000 jobs has since 62 percent—reduce our dependence on minute. It would take days to catalog been widely discredited. Even its au- foreign oil two decades from now and what we would lose. We are prepared, if thors have acknowledged its method- will not affect the price the American necessary, to take those days to stop ology was flawed. people will pay for gasoline and oil? this authorization to drill in the Arctic The real job creation figure, in my I think the answer has to be no. Wil- Refuge. opinion, is much closer to 45,000. Those derness and the oil industry cannot April 17, 2002 CONGRESSIONAL RECORD — SENATE S2783 peacefully coexist, certainly not in this don’t have enough, so we ought to give kowski for more information from the En- case. So we are forced to make a up. ergy Information Administration’s Service choice. I have made mine. I believe the Drilling in ANWR reasonably could Report, ‘‘The Effects of the Alaska Oil and American people agree. Why? Because almost double our reserves. The United Natural Gas Provisions of H.R. 4 and S. 1766 States has about 22 billion barrels of on U.S. Energy Markets.’’ This addendum conserving our great open spaces is provides projections on the increase in U.S. fundamentally an affirmation of our proven reserves, 3 percent of the oil production, the decease in net petroleum core American values. Conservation is world’s reserves. ANWR could hold 16 imports, and the change in net petroleum ex- not a Democratic or Republican value; billion barrels of oil more. That is al- penditures across a range of cases. it is a quintessentially American value. most doubling. It is adding 16 to 22 bil- All of the increase in U.S. oil production What lesson does it teach the genera- lion in our reserves. from opening the Arctic National Wildlife We use oil. There is no question Refuge (ANWR) to oil development comes tions that come after us if we go ahead from increased Alaska production, rather with this terrible mistake of drilling in about it. We have 5 percent of the world’s population. We use 25 percent than lower 48 production, regardless of the the Arctic Refuge? That we, as Ameri- size of the oil resource assumed to be con- cans, did not value our national herit- of the world’s oil. But we also produce tained in ANWR. In 2020, the increase in age? That we did not conserve it for fu- 31.5 percent of the world’s total eco- total domestic production ranges from ture generations of Americans? That nomic output. We are more efficient 500,000 barrels per day in the low resource we sold it for, essentially, effectively, than the world as a whole, and we ANWR case to 1.43 million barrels per day in produce food and medicine and goods to the high resource ANWR case (Table 1A). In the equivalent of a barrel of oil? 2020, ANWR is projected to increase U.S. oil The ethic of conservation tells us it improve the lives of Americans and people around the globe. production by 8.9 percent in the low resource is not only sentimentally difficult to Let’s be serious. When we are talking case, compared to 25.4 percent in the high re- part with beautiful wilderness, it is about the fact that we use oil, yes, we source case, compared to the Annual Energy practically unwise, because in doing so do. There is no question about it. We Outlook 2002 (AEO2002) reference case. we deny future generations a priceless The size of the resource assumed to be in need to make sure we have adequate oil ANWR also has an effect on petroleum im- piece of our common culture. reserves. Let me close with the words of a port reductions. The larger the ANWR re- We just heard some information from source base, the greater is the reduction in great President, a great American, a the Energy Information Administra- petroleum imports. In 2020, the reduction in great conservationist, and a great Re- tion that is a little outdated. There is net imports of crude oil and petroleum prod- publican, Theodore Roosevelt. In 1916, more recently a letter of March 22 to ucts is projected to range from 450,000 barrels he said this: Senator MURKOWSKI from Mary per day in the low ANWR resource case to The ‘‘greatest good for the greatest num- Hutzler, Acting Administrator for En- 1.39 million barrels per day in the high ber’’ applies to the number within the womb ergy Information. I ask unanimous ANWR resource case, compared to the of time, compared to which those now alive AEO2002 reference case. More than 80 percent consent that a copy of the letter and of the import reduction is from lower im- form but an insignificant fraction. Our duty the addendum be printed in the to the whole, including the unborn genera- ports of crude oil, as opposed to product im- tions, bids us [to] restrain an unprincipled RECORD. ports. present-day minority from wasting the herit- There being no objection, the mate- When combined with a high world oil price age of these unborn generations. The move- rial was ordered to be printed in the path, the opening of ANWR has a similar im- ment for the conservation of wildlife and the RECORD, as follows: pact on oil import reductions to the opening of ANWR in a reference case (Table 2A). In larger movement for the conservation of all DEPARTMENT OF ENERGY, the high world oil price cases with mean and our natural resources are essentially demo- Washington, DC, March 22, 2002. high ANWR resources, import reductions in cratic in spirit, purpose, and method. Hon. FRANK H. MURKOWSKI, 2020 range from 780,000 to 1.32 million barrels Ranking Minority Member, Committee on En- That is a quote from the great T.R. per day more than the high world oil price ergy and Natural Resources, U.S. Senate, They live and breathe with as much case without ANWR. In the high ANWR re- wisdom today as they did in 1916. In ad- Washington, DC. source case with high world oil prices, oil DEAR SENATOR MURKOWSKI: Enclosed is a consumption is reduced by half a million dition to all of the pluses and minuses response to your March 21, 2002, request for barrels per day and about 70 percent of the and balances and statistics, they are more information from our Service Report, import reduction is from lower imports of the ultimate reason why we should re- ‘‘The Effects of the Alaska Oil and Natural crude oil. Gas Provisions of H.R. 4, and S. 1766 on U.S. ject these amendments to allow for the Reductions in expenditures on imported Energy Markets.’’ The information provided drilling for oil in the Arctic Refuge. crude oil and petroleum products range from relates to an increase in U.S. oil production, I yield the floor. $5.7 to $16.0 billion compared to the reference a decrease in net petroleum imports, and the The PRESIDING OFFICER. The Sen- case in 2020, depending on the amount of re- change in net import expenditures across the ator from Missouri. source in ANWR (in 2000 dollars). Like the range of cases explored in the Report. volume changes, more than 80 percent of the Mr. BOND. Madam President, I rise The projections show that all of the in- reduction comes from lower crude oil im- today to discuss what I think is one of crease in U.S. oil production from opening the most important issues our Nation the Arctic National Wildlife Refuge (ANWR) ports. In the cases which assume the opening to oil development comes from increased of ANWR and high world oil prices, expendi- faces, and that is national security. tures on oil imports are $11.2 billion to $18.3 Yes, this is an energy bill. More spe- Alaska production, rather than lower 48 pro- duction, regardless of the size of the oil re- billion lower than the high world oil price cifically, we are talking about an case without ANWR. The impact on expendi- amendment to drill for oil in a small source assumed to be contained in ANWR. The size of the resource assumed to be in tures is greater in the high world oil price remote region of Alaska. What does ANWR also has an effect on imports. The cases, because of higher oil prices. that have to do with national security? larger the ANWR resource base, the greater Mr. BOND. They take a look at the Let’s set the stage because the facts is the reduction in petroleum imports. Re- estimates for oil produced at ANWR. are getting lost in some wonderful ductions in net expenditures on imported And obviously, since it hasn’t been rhetoric that takes me away in a crude oil and petroleum products range from drilled, we can only estimate. If it is dream world. I don’t recognize the $5.7 billion in the low ANWR resource case not there, they won’t drill. So this ef- place I know as Alaska when I listen to with a reference case oil price path to $18.3 billion in 2020 (in 2000 dollars) in the high fort is all in vain, but I believe our U.S. it. ANWR resource case with a high world oil Geological Survey and the other sci- We have tried to put out the facts. I price path. entific experts have a pretty good idea. have heard other things that are not If you have further questions, please con- On average, if you take in the high quite so factual. Just as a beginning, tact me on (202) 586–6351. and the low, U.S. Geological Survey over the next 20 years, U.S. oil con- Sincerely, says there would be an increase of do- sumption is projected to grow even MARY J. HUTZLER, mestic production by about 14 percent. after factoring in a projected 26-per- Acting Administrator, If you assume the high case, there Energy Information Administration. cent increase in renewable energy sup- Enclosure. could be an increase of 25 percent of do- ply, which we strongly support, and a ADDENDUM TO THE EFFECTS OF THE ALASKA mestic production. And when you have 29-percent increase in efficiency. Some OIL AND NATURAL GAS PROVISIONS OF H.R. this kind of production, this is what it people think that is outrageous. Some 4 AND S. 1766 ON U.S. ENERGY MARKETS means for us. people have a terrible guilt trip that This addendum responds to a March 21, People say that is not much oil. In the United States uses so much oil we 2002, request from Senator Frank H. Mur- Missouri, 71 years of consumption S2784 CONGRESSIONAL RECORD — SENATE April 17, 2002 could be sustained by that; or Con- to drill for oil in Oklahoma because of it. They begged us to allow them to go necticut, 132 years; Minnesota, 85 its pristine beauty. I have been there. I ahead and develop a resource that will years. To say that is not significant have swatted away the mosquitos. not interfere with their fishing and misses the picture very badly. This is what it looks like in the win- their hunting and the wildlife around What would be our dependence upon ter. My good friend, the senior Senator them. foreign oil? Well, without ANWR in from Alaska, refers to it as the prover- I heard it said that it would be 10 2020, the energy outlook is that 66.7 bial Hades. It is quite a few degrees years before we got any oil. Well, it de- percent of our crude oil would come in colder. pends on how much Congress delays it, from abroad. If you take the medium When I have been there in the middle how many lawsuits. Perhaps as soon as case, the medium production case, it of July, it has gone up to 38 or 39 de- 3 years after the first lease sale. There would drop that to 62.2 percent. That is grees, and there are those hardy souls has already been discovery on State a 5-percent or 4-percent reduction. If it who work out there in shirt sleeves, 39 lands of an oilfield that extends under is the high case, it would go down to degrees, because it is a heat wave. the Coastal Plain. We know it is there, 58.7 percent, an 8-percent decline. This is the best we can show you. just not how much. If the Congress Those percentages make a huge dif- This is what the 1002 area looks like. were serious about it and we said we ference. They make the difference be- That is Kaktovik in the background. want to develop this in an environ- tween whether we have a situation Look at this magnificent beautiful mentally sound manner and do it where we can manage it in tight con- piece of Alaska. Look a little flat? quickly, we could get it online. sumption or whether we are up against Look a little same? It is. But it has its Contrary to a myth that many on the the wall. own beauty. It really does. other side have spread, and as my The 1.5-million-acre Coastal Plain, One of the beauties is it has caribou friends from Alaska pointed out, we are called the 1002 area, of the 19.6-million- and wildlife and birds, and they thrive not exporting the North Slope oil. acre Arctic National Wildlife Refuge, is up there. Here is a picture of drilling in None has been exported since May 2000. one of the best places to look for the Prudhoe Bay. This is Prudhoe Bay. If The average well at Prudhoe Bay pro- oil that America needs. When large you can’t see very well what it is, all duces over 550 barrels per day, more chunks of Alaska were set aside in 1980, these are caribou. The caribou herds than 45 times the 12.5 barrels of oil pro- they saved a small 1.5-million-acre thrive. The drilling does put permanent duced per day by the average oil well in Coastal Plain out of 19.6 million acres. structures in there. But the temporary the United States. If the oil in ANWR Why did they save it? rock and gravel roads make a great is locked up, a lot of wells will have to Well, we have the letter of July 3, place for caribou to calve. And the be drilled to replace it, or we will be 1980, from Senator Hatfield and Chair- birds are there and the other wildlife is back in the situation in which we man Henry Jackson. They were right there. found ourselves several weeks ago. when they wrote this in 1980. They Somebody said we are going to de- By a very significant majority, 63 said: stroy this great swath, this beautiful Members of this body, said we want to One-third of our known petroleum reserves natural reserve in Alaska. Are we talk- continue to be able to give American are in Alaska, along with an even greater ing about the same thing? We are talk- consumers the choice to drive SUVs, proportion of our potential reserves. Action ing about 2,000 acres, roughly 3 square light pickup trucks, or vans. We or- such as preventing even the exploration of miles, out of the Coastal Plain of 30,600 dered the Department of Transpor- the Arctic Wildlife Range, a ban sought by square miles. That is less than the size tation to use the best scientific and one amendment, is an ostrich-like approach of Dulles Airport and the State of technological information available to that ill-serves our nation in this time of en- South Carolina. It is 3 square miles out push for increased oil and petroleum ef- ergy crisis. of 30,600 square miles. This was in the ficiency, gasoline combustion effi- ‘‘Ostrich-like approach,’’ those are area consciously set aside, on a bipar- ciency, and do everything we can to in- the words of Chairman Jackson. He tisan basis, because Chairman Jackson crease the efficiency. But don’t force said: This is an energy issue. It is a na- and the people on the Energy Com- unrealistic standards that merely re- tional defense issue. It is an economic mittee then realized that this was quire us to move down to smaller and issue. It is not just an easy vote you where we were going to have to get our smaller cars until we are driving can throw away and get some greenie natural resources. around in golf carts. If we are going to points. Chairman Jackson concluded: What would happen if we drilled and continue to supply the energy needs It is a compelling national issue which de- they found oil? It would mean 700,000 that my colleagues who voted with us mands the balanced solutions crafted by the jobs would be created across the United on the CAFE amendment said we are Energy and Natural Resources Committee. States—not from a Government make- going to need, we need the oil coming The only regret I have today is that work program, but from private invest- from ANWR. This is absolutely essen- the Energy and Natural Resources ment. tial for our economy, for the sound de- Committee did not have an oppor- Wildlife habitat will be protected velopment, the business of industry, tunity to craft a bill because I am con- under the world’s strictest and most and, most of all, to supply the trans- fident that they know the energy situ- environmental standards. To drill out portation needs of our families. ation. And they would have said that there, you have to take all the equip- For each dollar of crude oil and nat- this is a necessary step. ment in, in the midwinter on ice roads, ural gas brought to the market, there The Energy Department said: The when it is 100 to 200 degrees below zero. will be $2.25 of economic activity gen- Coastal Plain is the largest unexplored, That is so cold that I cannot even erated through the economy. The ac- potentially productive onshore basin in think about it. But you do that so you tual impact of the ANWR oil could be the United States. The USGS estimates don’t disrupt the land. anywhere from $270 billion to $780 bil- there are up to 16 billion barrels of re- The caribou herd in and near lion. These are all good economic argu- coverable oil, enough to offset Saudi Prudhoe Bay’s oilfield is five times ments. But this is not the only ques- imports for 30 years. larger than when development began. tion. The 1002 area is not a beautiful piece It is five times larger. Prudhoe Bay is Keeping the oil production in the of America. Congress set it aside for oil producing 20 percent of our Nation’s oil United States means we are buying less exploration. The people who talk about production. oil from overseas. We keep our domes- this give these word pictures of a mag- Now, let me say one other thing. As tic dollars at home. These are U.S. dol- nificent forest. I don’t think they have a result of my personal visit up there, lars not going to foreign countries, been there. When I go back home, I ask the people who live there, the indige- with leaders who may be on a mission anybody: Have you been to the North nous people, the Native Alaskans, the to destroy our entire existence. Slope? Do you know what it looks like? people who live in the region, they un- If that was too subtle for some col- They tell me: No. derstand that this is the way they can leagues, let me explain it. Just last I kid my colleagues from Oklahoma improve their lives. They can make a week, we watched Iraq announced a that it is as attractive as a frozen positive economic contribution to the month-long oil export embargo to pro- Oklahoma. Nobody I know has refused welfare of this Nation and benefit from test Israel’s response to the terror April 17, 2002 CONGRESSIONAL RECORD — SENATE S2785 campaign. Some argue that Iraq only Madam President, when they finish, was back in place. This is a country we produces 1.5 billion barrels a day, there will not be any signs of develop- depend on. I believe the third largest roughly 4 percent of world production. ment, and it will still be a barren, mos- amount of oil we get comes from Ven- We are told Saddam Hussein is only quito-filled plain in the summer, with ezuela. supplying 8 percent of U.S. imports. It its natural attributes and an abso- The point is, we are in danger. Our ought to be time that we tell the lutely hideously cold winter, and the national security and our economic se- American people this country can not wildlife, the birds, and the fish that curity could be threatened by the in- and should not maintain that level of thrive up there will continue to thrive. stability in the world, by the uncer- dependence on Iraqi oil. We are not destroying anything. tainty or the unreliability of the Last year, we paid Saddam Hussein Even if they were going in to burn sources of this oil and gas. If we start $6.5 billion. Does that sound like good and turn it upside down, we are talking losing part of it or large portions of it, policy? Do the American people really about 2,000 acres—2,000 acres, just a lit- we could be in a very difficult situation want to continue any efforts to benefit tle over 3 square miles out of 30,600 very soon. a tyrant such as Saddam Hussein, who square miles. There is no way anybody We need a national energy policy. We continues his reckless oppression of his can legitimately say we are going to need additional production, and I pre- own people while threatening the secu- No. 1, destroy anything, because we are dict today that if we do not take ad- rity of the world with the development not destroying it. It is not a pristine vantage of the oil we know exist in of weapons of mass destruction? wilderness that will not survive the ANWR, in that northern extremity of Madam President, let me answer that drilling. We have shown how it can be Alaska, we will have some very bad sit- question emphatically. The United done, and we are only talking about a uations evolve in the next few months, States must not continue this type of thumbnail size out of the entire area. or in the next couple of years. I do not dependence, resulting in billions of dol- The PRESIDING OFFICER (Mr. want to say I told you so, but when the lars going directly to one of this cen- JOHNSON). The Senator’s time has now gasoline prices go up, when supplies tury’s most demented and ruthless rul- expired. cause dislocation, when we have rolling ers. The time has come for the United Mr. BOND. Mr. President, I thank brownouts, it will be traceable right States to develop its own ability to you for that good news, and I urge sup- back to this body and to this vote. produce oil and petroleum so we don’t port. I ask my colleagues to support We need to understand this is for have to depend on him. the Senators from Alaska. real. We need our own domestic energy I commend President Bush for his ac- The PRESIDING OFFICER. The Re- supplies, and all the supplies that tions in the Middle East, and I fully publican leader is recognized. might be available. We should make support him in the efforts to defend our Mr. LOTT. Mr. President, I rise in better use and more use of nuclear national security. If it should occur support of the amendment that has power, but we have people who do not one of these days in the near term been offered by Senator MURKOWSKI to want nuclear power. They do not want when the President, we would hope in allow for exploration in this area to have a nuclear waste repository. We consultation with this body, deems it known as ANWR, the Arctic National should make use of hydropower more, necessary, for the protection of peace Wildlife Refuge. Also, it is very reason- although in some areas there are peo- and safety in the world and our own se- able to pursue what will happen with ple who do not want hydropower be- curity, that we take on Saddam Hus- the funds we would get as a result of cause it might adversely affect some sein and his tyrannical regime once opening up this wildlife area. It is im- species. again, we must not be held hostage by portant that we look at this issue in We need additional oil and gas, but the fact that they are supplying us oil. the most serious way. yet we have people in America who do Right now, they have us over the oil I just got off the phone with the not want to have exploration off the barrel when we have oil and petroleum President’s National Security Adviser, east coast, the west coast, the gulf products in the United States we can Condoleezza Rice, talking about the coast, and now in the northern part of develop to maintain our security. situation in the Middle East. I appre- Alaska. Drilling for oil in Alaska is not just ciate the fact Secretary Powell has We need to make greater use of coal. a good, sound option, it is a necessity. been there and has been meeting with We can have clean coal technology that We must decrease our dependence on the interested parties trying to make allows us to have the benefit of this foreign oil every way we can. As I said some progress in that very difficult sit- source of energy without being a prob- a couple weeks ago, the Senate wisely uation. I am satisfied that we have a lem for the environment. Again, a lot adopted reasonable, scientifically better feel now of what can be done, of people oppose that. based mandates to increase our auto- that progress was made in dealing with What do they propose doing? How are mobile fuel usage. The CAFE provi- the situation on the northern border of we going to have the energy we need to sions mandate an increase in standards Israel. But the fact is, we still have a fuel the growing economy we all want that will help reduce our dependence. very volatile situation in the Middle in America? I think we should do all of We provide incentives for alternative East, one that could cause disruptions these things, and that is my problem fuels such as electric power, solar-pow- in a number of ways from that region with this bill. This bill has a lot of con- ered vehicles, and other provisions that of the world. servation incentives and alternative include the use of biodiesel in bus The oil from Saudi Arabia comprises fuels. We have the tax bill that came fleets and school bus systems. about 25 percent of the oil the world out of the Finance Committee. There is Yes, we must have renewables. Last gets. We have had threats from Saddam a large amount of tax incentives for week, the Senate voted in opposition to Hussein. There is no question in my hybrid sales in automobiles, and to en- an amendment by my colleagues from mind that he would use any tool of de- courage getting these marginal wells California and New York that would structive capability he could find, in- back in usage. We have all of that in have undermined the renewable fuels cluding cutting off the oil that comes the bill but not what we need for en- standards. I applaud my colleagues for from Iraq. ergy production. opposing that effort because renewable I still agree very strongly with Sen- The point that is so critical to me— standards are one important part of ator MURKOWSKI that it is impossible this map I am sure my colleagues and our energy policy. We need to make to explain why we would be getting oil the American people have seen. The every effort to decrease our dependence directly or indirectly from Iraq, refin- area we are talking about is an ex- on foreign sources of oil. ing it, and then sending it back to the tremely small portion on the Arctic I urge my colleagues in the strongest region to be used in our planes to pa- Ocean, and the people of the region and possible way to support the efforts of trol the region to keep Saddam Hussein the Senators and Congressmen of the the Senators from Alaska. I have been and the Iraqis under control. State want this to happen. We are there. I have gone with them to visit The oil supply in the world is not in being told we cannot do that. this region. I have seen the oil explo- a stable situation. We saw this past We are being told by people from ration underway. I have seen the wild- week in Venezuela a change in Govern- States in the furthest extremities of life running on those plains. ment, and then the former Government the eastern part of the United States: S2786 CONGRESSIONAL RECORD — SENATE April 17, 2002 We do not think this should happen in benefits we get economically, and the the area. I have been there. I have not this area. jobs, this is legislation we clearly been to ANWR. Whatever happened to Senatorial should pass. Senator MURKOWSKI and I will have courtesy and trust? For years as a An energy policy without ANWR is to debate where fishing is the best. He Member of Congress in the House and not complete. In my own case, I have has tried to take me to Alaska, but I Senate, I put my greatest reliance—al- spoken about the ability to explore in said: ‘‘Isn’t it very cold up there? Isn’t though I reserve the right to make up what is known as the Destin Dome in it a pretty barren area?’’ I would rather my own mind—but I put an awful lot of the Gulf of Mexico, close to where I go where there are palm trees or oil reliance on the Senators and Congress- live. I want it because we need it. I rigs already in place. men from the States. know it can be done in an environ- I say to my colleague from Alaska, I When I had the Congressman from mentally safe way and in a way that really appreciate the job he has done. I North Dakota say to me and others: will not be damaging to the fish in the am going to work with him to the very Yes, the Garrison Diversion is some- Gulf of Mexico, and yet we had a tre- last minute to see if we cannot do what thing we want—a lot of environmental- mendous debate in the Senate about is right, not just for the Senator from ists said we should not have the Garri- opening up even a part of that area. Alaska, not even just for Alaska. This son Diversion—I took the word of then- Yet those of us who live there, the Sen- is for America. If we are from some re- Congressman, now-Senator DORGAN ators from Alabama and Mississippi, mote State, for us to say this little about the need for and the justification although not the case with the Florida piece of 2,000 acres cannot be used to for the Garrison Diversion. Senators, were saying: This can be produce oil and gas is irresponsible, in We have had lots of debates in years done, and we need to do it. my opinion, when you look at what we gone by about water supply in Arizona. I believe a map speaks a million are faced with in terms of threats I did not have a Mississippi dog in that words in explaining what is involved. around the world. fight. I did not know all the ramifica- So I thank Senator MURKOWSKI for his I urge my colleagues to pass this. Let tions of the argument. Who did I rely diligence. He has tried every way in the us get a good energy bill for the good of on? I relied on the word of the Con- world to make sure the American peo- our country. gressmen and the Senators and the ple understand the importance of this, Mr. MURKOWSKI. Will the leader people in the local region. that they understand this could be yield for a question? Why are we not doing that now? Two done in a way that would benefit Amer- Mr. LOTT. I am happy to yield. of the most effective, most respected ica with probably somewhere between Mr. MURKOWSKI. Does the leader Senators in this body, the Senators half a million and 735,000 new jobs, that know what the temperature is outside from Alaska, Mr. STEVENS and Mr. it would reduce our dependence on for- today? MURKOWSKI, are pleading with us to eign oil. Mr. LOTT. In Washington, DC, I give them the opportunity to do this in Some people said if we started today, think it is approaching 95. What is the a safe, reliable, affordable way in a we would not get it online for months, temperature on the northern slope of very small region. perhaps years. Eventually we are going Alaska? We have the letter from the Alaska to have to do this. The time will come Mr. MURKOWSKI. I was hoping the Natives who live in this area asking us when America is going to have serious minority leader would respond by ask- to support opening of ANWR, and basi- energy problems and we are going to ing me a question. Having been there cally pleading with us to give them an have to go where we can get energy the exactly a year ago today, with Senator opportunity. The people who live in the quickest, and one of those places is this BINGAMAN, who left his gloves at home region want it. They know it can be particular area on that northern slope and we had to find a pair of socks for done safely. They know it can be done of Alaska. him—we later found him a pair of in a way that would benefit the people So I wanted to come and add my sup- gloves—and Gale Norton, Secretary of economically. I am really at a loss for port for this effort. I do not know how the Interior, it happened to be 77 below words to explain why this should not be in the world we can justify not being zero in Barrow. That gives some idea of done. for this. I believe President Clinton ve- the contrast between Washington, DC, There is a national movement of toed this effort in 1995, and yet the and Alaska. some kind by various groups saying we Congress has passed this several times Mr. LOTT. In April it is still that must not let this happen, but when it over the last 20 years. I believe that is cold? comes to dealing with energy independ- correct information. We should do it Mr. MURKOWSKI. It was that par- ence, when it comes to dealing with the once again. ticular day a year ago today. So I likes of dictators in Iraq such as Sad- I urge my colleagues, if they are un- think that is a little reference to the dam Hussein, when it comes to cre- decided or if they have been leaning harshness of the environment up there. ating new jobs, this is the thing to do. the other way, think about it again. Mr. LOTT. Mr. President, I ask unan- It is supported by labor unions. The The situation has changed. The need imous consent that the letter to which people who would be involved in trans- for this oil and the gas that might be I referred be printed in the RECORD. porting the supplies, the people who involved has changed since this debate There being no objection, the letter would be involved in building the pipe- began. I would not want to be a Sen- was ordered to be printed in the lines, they are for this. ator who voted no on this 6 months RECORD, as follows: For those who are worried about the from now, because we could be having KAKTOVIK INUPIAT CORPORATION, environment, I have never seen a huge problems. This could be a vote Kaktovik, AK, April 17, 2002. project that has stronger environ- that would haunt us forever. I do not Hon. TOM DASCHLE, mental rules that would have to be en- mean that as a threat, I mean it as a Hon. TRENT LOTT, forced than any project I know of, and plea. We need this. U.S. Senate, they have narrowed the area. They The Senator from Louisiana and I are Washington, DC. have offered to put more land in pris- very closely situated to the Gulf of DEAR SENATORS DASCHLE AND LOTT: The people of Kaktovik, Alaska—Kaktovik- tine reservations. Everything possible Mexico. We know we can get oil and miut—are the only residents within the en- has been done to make it possible for gas with the technology now available. tire 19.6 million acres of the federally recog- us in the United States to get the ben- That technology is so sophisticated. nized boundaries of the Arctic National Wild- efit of this exploration and this pipe- one does not just take a potshot down life Refuge (ANWR). Kaktovikmiut ask for line and the supply we would get from and hope they hit. When they look at your help in fulfilling our destiny as Inupiat it. the charts, they know exactly where Eskimos and Americans. We ask that you So when we look at our current situ- the little shelves are. They can go support reopening the Coastal Plain of ation, relying on 60 percent foreign oil ANWR to energy exploration. right to where the oil is. Reopening the Coastal Plain will allow us for our energy needs, when we look at Some of the best fishing I have ever access to our traditional lands. We are ask- the instability in the world, in several experienced in my life was around the ing Congress to fulfill its promise to the countries where we rely on the oil they oil rigs off the coast of Louisiana, not Inupiat people and to all Americans: to produce, and then when we look at the far from the Chandelier Islands. I know evaluate the potential of the Coastal Plain. April 17, 2002 CONGRESSIONAL RECORD — SENATE S2787 In return, as land-owners of 92,160 acres of Senator CANTWELL be recognized for 15 under the unanimous consent request. I privately owned within the Coastal Plain of minutes; next, Senator VOINOVICH for thank the Senators from Nevada and ANWR, the Kaktovik Inupiat Corporation 20 minutes; Senator LANDRIEU for 30 Alaska. promises to the Senate of the United States: This has turned out to be a historic 1. We will never use our abundant energy minutes; Senator FEINGOLD for 20 min- resources ‘‘as a weapon’’ against the United utes; Senator DOMENICI for 15 minutes; debate about energy in that we have States, as Iraq, Iran, Libya and other foreign Senator DORGAN for 20 minutes; Sen- spent more time on it than any other energy exporting nations have proposed. ator CRAIG for 30 minutes; Senator issue I can remember since I have come 2. We will not engage in supporting ter- GRAHAM for 30 minutes; and then Sen- to the Senate in the last 5 or 6 years. rorism, terrorist States or any enemies of ator NICKLES is the last speaker who I It is important we do spend the time, the United States; have been told wishes to speak, and because if the issue is energy security 3. We will neither hold telethons to raise there would be no time limit on him. and energy independence, we see on a money for, contribute money to, or in any other way support the slaughter of innocents Mr. MURKOWSKI. Reserving the daily basis why it is not only timely, at home or abroad; right to object, I want to work with the but absolutely essential for our na- 4. We will continue to be loyal Alaskans majority whip. Senator STEVENS is tional security. and proud Americans who will be all the going to want to speak and does not We followed the issues in the Middle more proud of a government whose actions want to be limited to any time com- East for many reasons. There are those to reopen ANWR and our lands will prove it mitment. who feel a special attachment to the to be the best remaining hope for mankind Mr. REID. No problem. nation of Israel and the alliance of the on Earth; and Mr. MURKOWSKI. I am also going to United States with that nation. There 5. We will continue to pray for the United reserve my right to extend my re- States, and ask God to bless our nation. are those who follow it for many other We do not have much, Gentleman, except marks. I do not want this list to ex- reasons. Let’s be honest. One of the for the promises of the U.S. government that clude other Members who may be want- reasons we consistently look to the the settlement of our land claims against the ing to speak. In the interest of time, I Middle East is because it is a source of United States would eventually lead to the am quite willing to proceed with the energy for the United States. We were control of our destiny by our people. list as given, subject to the gentlemen involved in a war a little over 10 years In return we give our promises as listed and ladies who are in the Chamber cur- ago, the Persian Gulf war, because of above. We ask that you accept them from rently looking for recognition. the invasion of Kuwait by Iraq. Presi- the grateful Inupiat Eskimo people of the Mr. REID. I also ask unanimous con- North Slope of Alaska who are proud to be dent Bush’s father made it clear at the American. sent that following Senator NICKLES, time this was about energy, about oil. Most respectfully and sincerely, Senator STABENOW be recognized for 10 Time and again, the United States fo- FENTON REXFORD, minutes. cuses its attention on the world be- President. Mr. MURKOWSKI. It is the under- cause of our dependence on other coun- Mr. LOTT. I yield the floor. standing, Mr. President, that we will tries for the oil and gas they send to The PRESIDING OFFICER. The Sen- go back and forth. our shores. It is an essential part of our ator from Nevada. Mr. REID. The consent I propounded economy, an essential part of our daily Mr. REID. I wonder why they call it does that. The time works out quite lives. We Americans are very happy barren. closely, also. and comfortable with our automobiles Mr. President, I am going to pro- Mr. MURKOWSKI. I reserve the right and trucks. We like that part of being pound a unanimous consent request of Senator STEVENS to come in to this in America. However, it has a price. It momentarily, but I do want to get the sequence if it is necessary. I assume has a price not only in maintaining the attention of the minority leader for 1 Senator BINGAMAN will reserve that vehicle but a price in terms of our rela- second. I am going to have my col- right for himself, as I will, and the ma- tionship with the world. league and friend, JOHN ENSIGN, speak jority leader would, as well. The purpose of this energy bill is to Mr. REID. I certainly think the two to Senator LOTT based upon the speech talk about how we establish some en- managers of the bill should be able to Senator LOTT just gave. When the Sen- ergy independence and energy security, ator talked about senatorial courtesy say whatever they believe is appro- how we make the right decisions today and how we should give deference to priate during this debate. But so we so we can say to our kids and our what Senators from a State want, I have some understanding, until we get grandchildren, in the year 2002, we this agreement, there is no extended want Senator ENSIGN to talk to Sen- took a look at the world and said: We remarks of the two managers. We get ator LOTT about Yucca Mountain be- will change a few things in the United cause it would seem fair to me, using this done and Members can speak as States so we don’t end up totally de- the analogy that has been stated for long as they wish. pendent on some foreign country for Mr. MURKOWSKI. Reserving the drilling in Alaska, the same should our energy, so that your life and your right to object, I reserve that for Sen- apply to Nevada. But we will see. economy is going to be less dependent ator STEVENS because he is in a hearing Mr. LOTT. Will the Senator yield? on what happens in Saudi Arabia or the and he may want to come back. I ask Mr. REID. I will be happy to. gulf states or any other part of the unanimous consent he be allowed to Mr. LOTT. I am always delighted to world. come into the sequence which would talk to Senator REID and Senator EN- That is as noble an aspiration as involve an interruption. SIGN. I think maybe the RECORD will re- could be asked for in political life. It Mr. REID. I think that is fair. flect in the past that I did listen very generated, thanks to the leadership of Mr. MURKOWSKI. Senator BINGAMAN closely to some of his pleas. But we and I work well together. Senator BINGAMAN of New Mexico, this will have a chance to debate that an- Mr. REID. Mr. President, I again pro- lengthy tome of suggestions for change other day. pound the request, with the exception when it comes to energy in America. Mr. REID. Mr. President, I have spo- of Senator STEVENS, who is involved What is curious is the administration, ken to the two managers. I have visited elsewhere. If he wishes to speak, he President Bush, Vice President CHE- with virtually everybody in the Cham- will be allowed to speak at the appro- NEY, and others, came up with their ber. The staff has visited with various priate time for whatever time he de- own plan. That plan was fraught with other staff members. We have 11 Sen- sires. controversy and political intrigue. At ators who have indicated a desire to Mr. MURKOWSKI. We would like to one point, we asked a very simple ques- speak on this matter, which works out have a copy of the list because there tion of the administration: With whom so each side goes back and forth, and are two lists working. did you meet? Which corporations and the time almost works out perfectly Mr. REID. We will get that to the companies and associations did you also. Senator. meet with to draw up your energy plan I ask unanimous consent that Sen- The PRESIDING OFFICER. Without for America’s future? ator DURBIN be recognized for 20 min- objection, it is so ordered. To the surprise of this Senator, and utes; following Senator DURBIN, that The Senator from Illinois. many others, Vice President CHENEY Senator BURNS be recognized for 15 Mr. DURBIN. Mr. President, if I am basically said: That is none of your minutes; following Senator BURNS, not mistaken, I am the first Senator business. We are going to put together S2788 CONGRESSIONAL RECORD — SENATE April 17, 2002 our plan and submit it to you. We hope land which we have set aside and held trucks. That number is supposed to you like it, but you don’t have a right sacred now for over 40 years, what does grow to almost 60 percent in a few to know with whom we consulted. America get as part of the deal? A net years. In other words, our demands for In the meantime, the Government reduction in our dependence on foreign more vehicles to be driven on the high- Accounting Office has taken the ad- oil by the year 2020 from 62 percent of way as we want is going to increase our ministration to court to produce the all the oil we use to 60 percent. The es- dependence on foreign oil. names of the people with whom they timates are all of the oil taken out of Doesn’t it stand to reason that part worked. A court in the District of Co- the Arctic National Wildlife Refuge of any responsible energy bill would lumbia ordered the disclosure of some over a 10-year period of time would talk about the fuel efficiency of the of the names. To the surprise of vir- amount to 6 months’ worth of energy cars and trucks that we drive? tually no one, the major groups that for the United States. Not in the eyes of the Senate. We had wrote the administration’s policy were Why, then, if that is what we are a vote to put a new fuel efficiency the oil and gas companies, the energy talking about, is this the centerpiece of standard on the books and it lost 62 to companies. They are the ones that put the administration’s policy? It goes 38. The Big Three automakers and it together. Yes, there was an invita- back to the point I made earlier. It is their supporters came to the Senate tion for an environmental group to the centerpiece of their policy because and said: We do not want you to im- drop by and say, hello, have a sand- the people who wrote the policy, the prove the fuel efficiency and fuel econ- wich, and leave, but the substantive special interest groups that sat down omy of vehicles in America. work and the appointments were with and crafted the policy, have another The Senate said: You are right. We the energy companies. It is reflected in agenda. It isn’t energy security; it isn’t are not going to touch it. the administration’s approach. energy independence. It is about profit- Why is that significant? It is signifi- Why are we debating the Arctic Na- ability. cant for this reason. Look at what tional Wildlife Refuge? Frankly, for Look at the impact of ANWR on net would happen here in terms of the bil- reasons it is hard to explain, it is the imports. The green line is net imports lions of barrels of oil we would have centerpiece of the George W. Bush ad- with ANWR; the blue line is net im- saved just by increasing the fuel effi- ministration’s energy plan for the fu- ports otherwise. They are almost indis- ciency of cars and trucks in America. If ture of America. We have spent more tinguishable. The chart says the same we had gone up to 36 miles a gallon by time talking about that tiny piece of thing that President Bush’s Depart- 2015, with 10-percent trading of credits real estate in Alaska than many other ment of Energy has already said. back and forth, the red line shows we issues that do bear on the importance So we find ourselves in the position would be saving somewhere in the of energy security. of debating this issue. When President range of 14 billion barrels of oil cumu- One would be led to believe, if one Eisenhower created the Arctic Na- lative; at 35 miles per gallon, you see didn’t know the facts, that if we could tional Wildlife Refuge—and I might re- the blue line is higher because it is at just drill in the Arctic National Wild- mind people, President Eisenhower was an earlier date that it is implemented. life Refuge, if we could scatter that not viewed as some radical environ- You have to scroll down here, if you Porcupine caribou herd, put up our mentalist—he was following in a long are following this, and look down low pipeline and drill, America could line and a long tradition in America and see what the ANWR means in com- breathe a sigh of relief. We finally where Presidents of both political par- parison. It is this line here at the bot- found the oil we need for the next cen- ties took a look at their heritage, tom, barely over 2 billion barrels of oil tury. America’s lands, and said: There are in the entire history of drilling in the Nothing could be further from the certain things which we want to honor, Arctic National Wildlife Refuge. truth. That is why you have to ask respect, and not exploit. This Senate rejected real savings yourself, if this is not the answer to They took a tiny piece of real estate when it came to fuel efficiency and fuel our energy prayers, why are we spend- in one of the most remote parts of economy. We rejected that. We rejected ing so much time at this altar? We are America, in this new State of Alaska, it, incidentally, because the Big Three spending more time debating the Arc- and said: This piece we will protect as in Detroit and their lobbyists in Wash- tic National Wildlife Refuge than many a wildlife refuge. ington effectively lobbied the Senate. other critically important elements of For over 40 years, President after But today we are being asked to go our energy security. President, Democrat and Republican, ahead and drill in the Arctic National It has a lot to do with the group that respected that—until today. Today we Wildlife Refuge, a refuge that has been put together the administration’s en- have an argument from this President set aside for 40 years, and we know it ergy plan. Let’s be honest. These oil and his supporters in Congress that it doesn’t even hold a candle to the sav- companies own the rights to drill the is time for us to move in and start to ings enhanced fuel efficiency would oil. If they can get into this wildlife drill. generate in terms of our energy de- refuge, if they can drill, they will make I suggest to my colleagues that the pendence. some money out of it. It is part of busi- Arctic Coastal Plain we are discussing The lesson and the moral to the story ness. It is a natural part of the free is a unique natural area, one of Amer- is there are a lot more lobbyists for the market economy. It isn’t about energy ica’s last frontiers. These precious oil companies than there are for the security. It is about these oil compa- lands will be part of our legacy for fu- Porcupine caribou that live in the Arc- nies and their rights to drill and make ture generations. Before we cavalierly tic National Wildlife Refuge. That is a profit. say to these oil companies: pull in the the bottom line. There are not a lot of Let me tell you what that means in trucks, pull in the rigs, and start drill- people out there with antlers, waiting real terms. Here is a report, not from a ing, we ought to step back and reflect in the lobby, but there are a lot of left-wing group but from the Energy as to whether or not this is sensible or folks with Gucci loafers on, and they Information Administration, part of responsible. I do not believe it is. are waiting to tell us: Don’t touch the the Department of Energy for the In this energy policy we have Big Three when it comes to the fuel ef- George W. Bush administration. Here is brought to the floor, there are a lot of ficiency of vehicles. what they have said about the Arctic suggestions about reducing our depend- I think it is shameful to think that National Wildlife Refuge: ence on foreign oil. There was one that between 1975 and 1985 we passed a law Net imports are projected to supply 62 per- came to the floor for debate and a vote that doubled the fuel efficiency of cars cent of all oil used in the United States by a week or two ago which went to the to a level of about 28 miles per gallon, the year 2020. Opening the Arctic National heart of the issue. Of all the oil we im- and that we have not touched that Wildlife Refuge is estimated to reduce the port to the United States today from issue for 17 years. That tells me we percentage share of net imports to 60 per- overseas, 46 percent of it goes for one have been derelict in our responsi- cent. purpose—to fuel our cars and trucks. bility. If we really cared about Amer- So if we give to those oil companies That is right. Forty-six percent of all ica’s independence and security, we the right to move into this wildlife ref- the oil coming to the United States would be focusing on fuel efficiency, uge, the right to drill in territory and goes to fuel our automobiles and fuel economy of the cars and trucks we April 17, 2002 CONGRESSIONAL RECORD — SENATE S2789 drive. But this Senate walked away are going to drive jobs overseas. That Mr. BURNS. Mr. President, I think if from it and said, no, we don’t want any was the argument in 1975. we have learned one thing from this ex- part of that debate. We are with the Guess what. We ignored them, passed ercise on energy legislation, it is that Big Three. We are with the special in- the law, and none of those four things we found trying to mark up a bill on terests. Instead, let’s figure out how we happened. By 1985, we doubled fuel the floor of the Senate is pretty dif- can drill in the ANWR. economy and none of those things hap- ficult. I was reminded that back in 1992 That is not the only thing we have pened. So in the year 2002, when we get we almost did the same. We didn’t have ignored. Renewable energy sources, in the same debate about fuel effi- quite the spirited committee action on what are those? Those are the ones ciency, what did the Big Three say? energy, but we still got into the same that are not expended such as fossil Technically, it’s really impossible, kind of a bind when it came to the fuels. Once you burn the tank of gas, it Senator, for us to improve fuel econ- floor. Maybe it doesn’t make a lot of is gone into the atmosphere. We get omy. The cars will be so tiny they will difference. the energy out of it and leave the pol- be like gocarts. People won’t like I would like to remind my colleagues lution. Renewable energy sources, such them. They won’t be safe. And people that today we should be talking about as wind and solar energy and hydrogen are going to buy cars from overseas. a policy we can shape to take us into cells and those sorts of things, fuel The same arguments, the same empty the future. We are not only dealing cells, all of those have the potential of arguments. It shows an attitude of with the acute situation we find our- environmentally friendly sources of en- some of our manufacturers in this selves in today, but where we want to ergy. How much do we in the United country which in a way is embar- be in 20, 30, 40, or 50 years from now. States today rely on that kind of re- rassing. What do we do about new technologies, newable energy to generate electricity? Why is it when it comes to the new and which technologies are able to be To the tune of about 4 percent of our generation of vehicles on the road, the developed in that time? That question total, about 4 percent. hybrid vehicles getting 50 or 60 miles a indicates to me we have a great deal of Some of us said: Why don’t we take gallon, they all have Japanese name- flexibility to allow those new tech- on, as a challenge to America, increas- plates on them? I don’t get it. This is nologies to evolve and be used as soon ing our dependence on renewable envi- the greatest country in the world, with as they are developed. Whatever we do ronmentally friendly energy sources the strongest military in the world, the in Government mandates, therefore we such as wind power and solar power and best schools in the world, the best engi- should make sure they are not frozen fuel cells and hydrogen power? Let’s in- neers in the world. Yet when it comes in place. We should allow those new crease the renewable portfolio standard to automobiles, we are satisfied with ideas to grow. to 20 percent over a 20-year period of the bronze medal every day of the Market forces will dictate more in time. Senator JEFFORDS of Vermont of- week. Frankly, the Senate has not the way of conservation than any man- fered that. I cosponsored it. It is not an stepped up to its responsibility in add- date by the Federal Government has unrealistic goal. The State of Cali- ing the provisions that are necessary ever done. fornia currently relies on renewable en- to make sure our energy independence Let me remind you that if gasoline ergy sources for more than 10 percent is established. goes to $2 a gallon, you are still spend- of its electricity. We want energy security but not at ing more money for the water you buy We can, as a nation, do it, reduce de- the expense of America’s last frontier. in that filling station than you are for pendence on foreign energy. But this If we are serious about energy security, the gasoline. You will start looking for Senate said no because the oil compa- we have to reduce oil consumption in conservation practices in the things nies, the special interests out in the the vehicles in our country. A com- you do in your traveling habits. lobby, in their three-piece suits, said: prehensive, balanced energy policy will Fossil fuel has been the primary fuel No, we are not interested in that. We provide for oil and gas development in of our economy since the turn of the don’t own the wind. We don’t own the environmentally responsible areas—not last century. For over 100 years it has Sun. We own the oil. We own the gas. the Arctic National Wildlife Refuge. served us well, and it could for the next Stay dependent on that, America. We can establish conservation meas- hundred. However, it should not be the So we have a modest goal of increas- ures. We can cut down on our energy only fuel we use in our everyday lives. ing our use of renewable energy from 4 consumption. We owe that not only to New technology has moved us to un- percent to 8 or 10 percent. At a time ourselves but to our children. limited use of renewables and different when we are dealing with an energy As James E. Service, a retired vice sources in the evolution of conserva- bill, I think we are suffering from ane- admiral of the Navy, wrote in a recent tion technology and practice. We know mia. We are afraid to step out and do Los Angeles Times op-ed: the present conditions and situations. what is necessary to make America National security means more than pro- We should deal with them and decide tecting our people, our cities and our sov- what our policy will be after resolving less dependent on foreign fuel. ereignty. It also means protecting the wild Drilling in the Arctic National Wild- places that make our nation special. Drilling this acute situation. The condition we life Reserve is the answer to every lob- the Arctic National Wildlife Refuge . . . just find ourselves in today is about energy byist’s prayer. But, honestly, it is not doesn’t make good sense or good policy. security. To those who would use the the answer to America’s prayer. Amer- He said that on January 14 of this flimsy argument saying we should use ica is praying this Senate comes to its year. less and produce less, I say there is an- senses, that we understand we can But someone before him really set other one that is acutely in our make- make and must make bold and impor- the tone for Congress to think about it. up; that is, energy security is economic tant decisions today. If we say to the His bust is out in our lobby. His name security is national security. What di- Big Three, you have the wherewithal was Teddy Roosevelt. As Vice Presi- rection that takes us in is very impor- and the technology to produce a more dent, he presided over this Senate. He tant. Our challenge should be that de- fuel-efficient vehicle so we can still is the one who really told America to bating this bill will take us beyond move our kids to soccer games and be be mindful of the heritage you leave. I that situation. The world condition is safe on the road, they can do it. We quote him: at hand, and it should be dealt with issued that challenge before and they It is not what we have that will make us a right now. did it. They didn’t like it. They re- great nation; it is the way in which we use I have iterated many times that we sisted it. it. are still dependent on fossil fuels. The In 1975, when we increased fuel effi- Teddy said that almost 100 years ago. switch from those fossil fuels is a proc- ciency, the Big Three said that was im- On this vote, we will find out whether ess that will take a long time, and it possible. Double fuel economy in Amer- the Senate remembers Roosevelt’s ad- will be very expensive. ica? Let me tell you what is wrong vice to our Nation. What is at stake here? Let us look at with that idea: Technically impossible; I yield the floor. the real facts instead of the misin- the cars will be so small they will look The PRESIDING OFFICER. Under formation that is floating around this like gocarts, they will not be safe, the previous order, the Senator from town. Let me remind you that the Americans won’t drive them, and you Montana is recognized. American people know what is at S2790 CONGRESSIONAL RECORD — SENATE April 17, 2002 stake, and they are not comfortable had since the first day they started Our investment in fuel cell tech- with the facts they are given. They are production up there. They jump on air- nology will be an important part of our equally uncomfortable with what is planes, spend a couple of weeks, and energy mix, and we should not depart happening on the floor of this Senate. come home for a week. It is important from its development. I will tell you I have one simple question: Why are to my state. If Prudhoe were built what fuel cells do. Fuel cells are to the we importing oil from Iraq? Agreed, today, the footprint would be around electric industry what the wireless they are allowed to sell oil under the 1,500 acres—64 percent smaller than it telephone is to the communications in- U.N. resolution. The income derived is. ANWR will impact 2,000 acres out of dustry. They are safe, clean, and now from those sales is to be used to buy 1.5 million acres on the Coastal Plain. we have a chance to make it affordable. food and medical supplies for the citi- I have been up there. I have seen the We should continue our work in that zens of Iraq. If Saddam Hussein sells us Porcupine caribou herd. It has grown area. anywhere from 650,000 to 850,000 barrels about three times in size during the But, in the meantime, let’s do what of oil a day, and also sells some oil on last 20 years. That is where they calve. common sense tells us to do: Let’s use the black market, what is he doing They don’t stay there all winter. They that little footprint afforded to this with that money? Where do you think are a migrating herd. Nothing has kept country for the production of energy it goes? I will tell you where it doesn’t them from migrating. The people who because energy security is economic go. It doesn’t go to the citizens of Iraq. live in that area depend on that herd. security, is national security. He buys arms and technology to equip That is a source of food supply for I thank the Chair and yield the floor. his army and support terrorist activi- them. When they migrate, that is when The PRESIDING OFFICER (Mr. CAR- ties around the world. In fact, we are they get their winter stores. They PER). The Senator from Alaska. Mr. MURKOWSKI. Mr. President, told that Iraq is paying $25,000 cash to don’t have grocery stores like we have down here. They don’t want anything seeing no other Senator seeking rec- any family who loses a suicide bomber. to happen to that herd. I don’t think ognition, I would like to take just a That is going way over the line. few minutes to share with you a chart From the Gulf, we import about 10.8 they are going to mislead us on how that has already been identified on a million barrels of oil a day, and 1.5 mil- that herd will be impacted. Oil and gas production and wildlife couple of occasions but I think needs a lion barrels comes from Saudi Arabia. have successfully coexisted in the Alas- little further identification. Nearly a million barrels come from kan Arctic for over 30 years. The fig- As I show you on this map what hap- Iraq. ures bear that out. pened to Alaska in 1980. The ANILCA Let us take a look at this tiny little Despite what is told and the misin- land law was passed, and our State was, spot called the Arctic National Wildlife formation that flies around here, the in effect, gerrymandered by Congress. Refuge. Keep in mind that when it was folks on the Coastal Plain support this I want you to look at all those created, this little area was set aside by 75 percent. They understand what stripes across an area that is one-fifth for oil and gas exploration and produc- the revenue does. They understand the size of the United States because it tion. That is the reason it was set that it provides a government service is entirely the Tongass—this area in aside—not the whole Arctic Plain, but which is demanded by them. That is southeastern Alaska where our capital, just that little footprint of 2,000 acres even taking into account the money Juneau, is located—Ketchikan, our or less. that it pumps into the National Treas- fifth largest city; Wrangell; Peters- Conservative estimates put the total ury. Anybody on the Budget Com- burg; Sitka; Haines; Skagway—this is a production at about 1.35 million barrels mittee around here would understand national forest. There are 16 million a day. That would replace 55 years of that also. acres in that national forest. The only oil from Iraq and 30 years of oil im- I know how this impacts a State rep- thing they forgot is people lived in the ports from Saudi Arabia. resented by two Senators who have forest. The communities were there. The reserves in ANWR are estimated stood in this Chamber and have fought The assumption was that there would to be 10 billion barrels. That is a con- for their people every day. It is like us be no real justification for the State servative estimate. going to southern Illinois and saying: selecting land there. It was not even an Remember how we underestimated You can’t have any more oil produc- issue in statehood in 1959. Prudhoe Bay. It has produced nearly 20 tion down there. But they can’t say it The reason it was not an issue is percent of our domestic production in because there are no public lands. But there was an assumed trust between the last 25 years. in Alaska there are, and that is the dif- the people of Alaska and the Congress Since 1973, domestic production has ference. Withdrawal of public lands of this country that those people could decreased by 57 percent. We are only from any exploration of natural gas in live in that forest, they could make a producing about 8 million barrels a the States of Montana, Wyoming, Colo- living off the renewability of the re- day, and we are using 19 million barrels rado, and some in New Mexico, has cost sources, the fish and the timber. a day. the American people 137 trillion cubic Previous to statehood, the Depart- Anybody who doesn’t understand feet of natural gas. And that is going ment of Interior ran the fisheries re- that didn’t take basic math in the to be the fuel that produces the elec- sources of Alaska. They did a deplor- same grade school where I went to tricity of the future. We think it is for able job. They figured that one size fits school, which is a little country school. ‘‘the environment,’’ when it could be all. We actually had our fishermen on We hear every day on the floor of the lifted, produced, and moved with hard- self-imposed limits. Senate that we should be concerned ly a disturbance to any of the surface My point in showing you this detail about our balance of payments. We of our land. is this is what happened to Alaska. should be concerned about it. Last year And, yes, you are going to see nat- Rather than have a resource inventory alone, we sent $4.5 billion to Saddam ural gas turn up as a transportation of those areas that had the capability Hussein’s Iraq for his oil. fuel. for minerals, oil and gas, timber, and As I said, energy security is eco- What we are doing in this argument fish, there was an arbitrary decision nomic security is national security. defies common sense. These are the made. It was a cut deal by President This has a job impact. We heard all facts. They should not take away from Carter. As a consequence, these areas kinds of estimates. But we know this our investment into new technologies of Alaska were withdrawn. They are won’t happen without the effort of and our determination for conserva- wilderness or refuges or sanctuaries, labor. Yesterday, if you had stood with tion. I will not let anybody else rede- but they were all withdrawn from de- the heart and soul of the labor folks in fine the word ‘‘conservation’’ because velopment. this country and heard their argu- it is defined as a wise use of a resource. I want you to take a closer look at ments that this should happen, then We should move forward on R&D into the map because here is where the real you would understand why the Nation new technologies. Even coal—and Mon- influence of America’s extreme envi- supports the development and explo- tana is the ‘‘Saudi Arabia’’ of the coal ronmental community entered into ration of this tiny spot. reserves in this country—it is there, it this national effort. We have people living in Montana is handy, it is affordable, and it is You notice here on the map, clear who work on the North Slope. We have ready for use. across where the Arctic area comes April 17, 2002 CONGRESSIONAL RECORD — SENATE S2791 into play, this is the general area of bought that. Of course, we were a State never had before in this country: a pol- the Arctic Circle. There is only a little at that time in 1980. We bought it, we icy that harmonizes energy and envi- tiny white spot that was left for access, believed that we could get on with the ronmental policies, acknowledging if you will. And the access we have development of our State. The ability that the economy and the environment from the Arctic, from Prudhoe Bay, is to get on with the development of Alas- are vitally intertwined; a policy that through that little area where we have ka was the ability to penetrate the won’t cause prices to spike, hurting the this red line, which is the pipeline that mentality of the Congress and any elderly, the disabled and low-income brings 20 percent of America’s total given administration on the right that families as we experienced in the win- crude oil to market in Valdez. we have, as American citizens, to de- ter of 2000–2001, particularly in the They tried to gerrymander, if you velop our State. Midwest; a policy that won’t cripple will, the designation of land in this We have been, for all practical pur- the engines of commerce that fund the State by closing access. We have this poses, eliminated. Because every time research that will yield future environ- huge area out by Kotzebue that is min- we want to do something, we have to mental protection technologies, tech- eralized. They closed that off. This did cross Federal land. We don’t even have nologies that can be shared with devel- not happen by accident. This was a cut- access to our State capital. These were oping nations that currently face se- and-dry deal in 1980. Now we are living promises made to the people of Alaska. vere environmental crises; and, most with it today. These were promises that have not importantly, a policy that protects our I recognize my good friend from Ohio been kept by the Federal Government. national security and prevents market is in the Chamber, so I will be very As we debate the area, the 1002 and volatility by increasing domestic en- brief in making this point because I am ANWR, again, I ask both Republicans ergy production. going to be making several points and Democrats to recognize, it is not a throughout the remainder of the day. The current situation in the Middle wilderness. It has never been a wilder- East and the resulting price increases We have heard quotes from Theodore ness. It is a refuge. The Senator from Roosevelt by some of the speakers. I we have seen at the pump give us a Louisiana has charts that show us taste of how badly we need an energy would like to ask just for a brief reflec- what has happened in refuges. We have tion on another quote in 1910. Theodore policy and how much we need to turn oil and gas exploration in them all the towards domestic sources to meet that Roosevelt said: time. Conservation means development as much This was reserved for Congress. Only goal. However, as we rely on our own as it does protection. I recognize the right Congress can open it. But for those who strengths for the answers to the com- and duty of this generation to develop and ing energy crisis and though we are use the natural resources of our land, but I think it is an untouched, spectacular area, there are people who live up blessed with large reserves of oil, nat- do not recognize the right to waste them or ural gas, coal, nuclear fuel, as well as to rob, by wasteful use, the generations that there. There is the village of Kaktovik. come after. Let’s put this discussion in real access to renewable sources of energy, we must remember that no single Let’s look briefly at the record. I am terms. We are fighting for the rights referring to the administration of we thought we had obtained when we source of domestic energy is sufficient Jimmy Carter in 1980, and the Alaska became a State, the right to respon- to meet all our Nation’s energy needs. National Interest Lands Conservation sibly develop the State. This chart That means we have to broaden our Act. I quote from President Carter’s re- shows oil and gas production in refuges base of energy sources and not put all marks on signing H.R. 39 into law, De- around this country. Don’t tell me that our eggs in one basket. cember 2, 1980. I quote former Presi- somehow we are doing something If we were some other nation, diversi- dent Carter: wrong by trying to open a refuge in the fying our energy supply might be a This act of Congress reaffirms our commit- Arctic. great challenge, but God has blessed ment to the environment. It strikes a bal- We will have a lot more to say about the United States of America with re- ance between protecting areas of great beau- this. I did want to address the incon- sources to solve this problem. Con- ty and value and allowing development of sistency and the broken promises that servation has proven successful in re- Alaska’s vital oil and gas and mineral and have been made and the fact that our ducing energy demand. So often people timber resources. small delegation, Senator STEVENS and say: We aren’t doing enough to con- Our timber resources are totally tied I and Representative YOUNG, feel very serve. We are. By incorporating tech- up. We do not have the availability of strongly, as do the residents of Alaska, nology breakthroughs into the produc- developing them. As a matter of fact, that this trust has been broken. tion of energy-efficient automobiles, there is more wood cut for firewood in I yield the floor. high-efficiency homes, more efficient the State of New York than we cut The PRESIDING OFFICER. The Sen- appliances and machinery, conserva- commercially. We have lost our pulp ator from Ohio. tion has succeeded in saving us mil- mills under the previous administra- Mr. VOINOVICH. Mr. President, I lions of dollars while simultaneously tion. We have lost our saw mills. rise today in support of permitting oil improving our environment. So as President Carter indicated, it exploration in the Alaska National Let’s look at this chart. According to allows development of ‘‘Alaska’s vital Wildlife Refuge. Permitting oil produc- oil and gas and mineral and timber re- the 1995 DOE report, the most recent tion in ANWR will help ensure that the data available, from 1972 to 1991 the sources.’’ It is a promise that has been United States is better able to meet broken. He further states: United States saved more than $2.5 our growing energy needs in an envi- trillion through conservation. That is a A hundred percent of the offshore areas ronmentally sound manner, create and and 95 percent of the potentially productive lot of foreign oil that we didn’t have to retain hundreds of thousands of jobs, buy. It is safe to say that we have oil and mineral areas will be available for ex- boost our domestic economy, and pro- ploration or for drilling. saved much more money since then, tect our national security. I can tell you, you cannot get a per- America’s need to continue to fuel underscoring that conservation efforts mit offshore, you cannot get a permit our economic recovery and guarantee deserve our continued attention. on the Arctic Ocean to drill today. Go future success will require us to We currently rely very little on re- down to the Department of Interior produce ever greater amounts of en- newable sources of energy. In fact, and try it. ergy to keep up with the demand. wind and solar together make up less Lastly, I am going to refer to that You can see from this chart, accord- than one-tenth of 1 percent of our cur- same meeting, December 2, 1980, and ing to the Department of Energy, we rent total energy production. Addition- the remarks of Representative Udall of have a huge gap between our domestic ally, they are expensive and heavily Arizona. subsidized. In fact, the average cost per His conclusion was: energy production and our overall en- ergy consumption right now. What’s kilowatt hour of electricity from a I’m joyous. I’m glad today for the people of newly installed windmill is 5 cents Alaska. They can get on with building a more, between now and 2020, we will great State. They’re a great people. And this have to increase energy production by compared to 2 cents per kilowatt from matter is settled and put to rest, and the de- more than 30 percent just to keep up a coal-fired facility. velopment of Alaska can go forward with with growing demand. On top of this, wind and solar cannot balance. This looming energy crisis requires be stored, creating reliability problems That is a pretty strong statement. us to enact a comprehensive energy and making it difficult to spread our The citizens of the territory of Alaska policy, the likes of which we have costs out predictably over time. S2792 CONGRESSIONAL RECORD — SENATE April 17, 2002 Currently, total renewables produc- We are doing a lot right now to try the Arctic Wildlife Range, a ban sought by tion, which includes geothermal, solar, and move away from the use of oil in one amendment, is an ostrich-like approach wind, hydro and biomass, reaches only this country and bring down our de- that ill-serves our Nation in this time of en- 8 percent of our overall domestic en- mand for it through research, incen- ergy crisis. ergy production. We should work to in- tives, and many other things. Encour- They also said that the issue: crease that, however, since these forms aging these new fuel sources is worth- . . . is not just an environmental issue, it of energy are environmentally friendly while, but until they become more is an energy issue. It is a national defense issue. It is an economic issue. It is not an and because they can help reduce our widely adopted and cost effective, we easy vote for one constituency that affects reliance on foreign energy sources. will need to continue relying on oil to only a remote, faraway area. It is a compel- However, we also must be realistic move people across town and across the ling national issue which demands the bal- about our challenge. Because renew- country and to move raw materials and anced solution crafted by the Energy and ables make up such a small piece of our finished goods. Natural Resources Committee. overall energy picture today, they As I have mentioned, much of this oil I agree with the points raised in this don’t have the capacity to meet our comes from foreign sources. We must letter. This is a national security issue needs in the timeframe we are facing. increasingly compete against other na- as well as an economic security issue. A sudden, forced shift in these sources tions for this oil. As demand grows in When President Carter signed the Alas- would severely strain their under- response to the expanding world econ- ka National Interest Land Conserva- developed capacity, causing shortages omy, the world economy is growing. tion Act in 1980, he stated this legisla- and price spikes that would hurt our For example, at one time, China pro- tion: economy. duced enough oil to meet their domes- . . . strikes a balance between protecting For example, the requirement in the tic needs and still have some left over areas of great beauty and value and allowing Daschle bill that utilities generate 10 to export. Today, they import oil. development of Alaska’s vital oil and gas and percent of their electricity from renew- What if there was an opportunity in mineral and timber resources. able sources of energy is estimated to the United States to greatly reduce our Section 1002 of the Act mandated a increase the cost of electricity nation- dependence on foreign oil by using do- study of the Coastal Plain, or 1002 area, wide by 5 percent and a whole lot more mestic sources of oil? Fortunately, and its resources. After almost 7 years in a State such as Ohio. Just as we de- with the amendment offered by Sen- of researching the wildlife and the im- velop new sources of electricity genera- ator MURKOWSKI, we have that oppor- pact of oil development, the study rec- tion, we should continue to encourage tunity. For over 40 years, Congress has ommended full development and de- development of new energy sources for debated whether or not to develop the scribed the area as ‘‘the most out- transportation. Arctic National Wildlife Refuge, or standing petroleum exploration target In the 1970s, the United States recog- ANWR. Senator STEVENS’ words yester- in the onshore United States.’’ nized the need for diverse energy sup- day were eloquent and very inform- The report recommended full devel- ply by expanding the use of natural ative on the history of ANWR. I sug- opment of this area while also stating gas, coal, nuclear, hydropower, and gest that those who did not hear the that it is the most biologically produc- other renewables, and decreasing the Senator, take the time to read his re- tive part of ANWR. This means that in use of oil for non-transportation uses. marks in the CONGRESSIONAL RECORD. 1987, when the report was issued, it was In 1978, non-transportation uses of oil His remarks should help them to make believed that proper environmental in this country accounted for almost 50 a better decision on this amendment. steps, combined with technology, percent of our oil consumption. Today, As Senator STEVENS reminded us, which is now 15 years old, would not these non-transportation uses account this debate is about our national and significantly harm the wildlife. for about one-third of our oil consump- economic security, but, sadly, the re- However, the report did say that if tion. ality of ANWR has always been mis- the entire area were leased and oil were Though home heating oil use remains construed and used as a political tool. found, then there would be major ef- high in certain regions of the country, I have to say, those who are opposed to fects on the wildlife. But no one here is particularly in the Northeast, con- allowing a small portion of ANWR to talking about that. We are talking sumers have increasingly sought other be used to help meet our energy needs about 2,000 acres for oil exploration— sources such as natural gas to heat have done an admirable job in trying to 2,000 acres out of 1.5 million acres. their home. In addition, oil-fired pow- sway public opinion. Unfortunately, That is less than one-half of 1 percent erplants are virtually nonexistent they have incorrectly painted this as a of the total area. today in the United States. Crude oil wholesale abandonment of the Alaskan This is one of the biggest misrepre- prices and policy priorities encouraged wilderness. sentations about this debate. The en- substituting oil with other fuels for our Thus far, they have had vast success tire area of ANWR’s Coastal Plain is non-transportation needs, but oil prod- in muddying the facts. Today, though, about the size of the State of South ucts still make up 95 percent of the en- I will make clear what ANWR is, what Carolina. To the casual observer, he or ergy used for transportation in the we are talking about, and what lim- she thinks drilling means drilling United States. ited, precise oil exploration in ANWR throughout the entire refuge, but it is This number will not decrease unless means for our Nation. really just a 2,000-acre site. That is fuel cells and hybrid vehicles become Created in 1960, ANWR was expanded about the size of Dulles International more economically viable. But their to 19 million acres in 1980 by the Alas- Airport. If you look at this map, you day is coming. In fact, in a recent ka National Interest Land Conserva- can see just how small the area is com- meeting I had with General Motors ex- tion Act. While designating 8 million of pared to the vast wilderness of the ecutives in Detroit, I was told that the the original acreage as wilderness, Con- Alaska wilderness and ANWR. company sees fuel cell technology be- gress treated the 1.5 million acres of The two major concerns of the ANWR coming a viable power source in the ANWR’s Coastal Plain very differently. debate—and the issues that divide the next 10 to 15 years. We are talking re- I am sure Senator STEVENS may re- two sides—are the environment and oil. ality. It is not science fiction to think mind us again, but back in 1980 Con- While we know a lot about the wildlife that our children and grandchildren gress debated the same subject. At that and impact of oil development, we only will see a time when the roads are trav- time, Mark Hatfield, the ranking mi- have estimates about oil because the eled by cars that run on hydrogen and nority member and Henry Jackson, prohibition on drilling prevents a de- give off only water. Chairman of the Energy Committee, finitive answer to the question. An amendment from the Finance wrote a letter urging their colleagues We know that the central Arctic car- Committee will help encourage the de- to support exploration in ANWR be- ibou herd has grown from 3,000, when velopment of these new technologies, cause, and I quote: development began at Prudhoe Bay, to providing an estimated $2.1 billion in One-third of our known petroleum reserves as high as 23,000 caribou. We know that tax incentives for the use of alter- are in Alaska, along with an even greater development on Prudhoe Bay, which native vehicles and alternative motor proportion of our potential reserves. Actions was discovered in 1967, would be 64-per- fuels. such as preventing even the exploration of cent smaller if built today. We know April 17, 2002 CONGRESSIONAL RECORD — SENATE S2793 that a drill pad that would have been 65 curs from other sources. Frankly, I pads, and airstrips for exploration, and acres in 1977 can be less than 9 acres think it is incredible that we send $24 more. today. We know that Alaskan oil com- million a week and $4.5 billion a year Our dependency on foreign nations panies now build temporary ice pads, to a nation that is clearly an enemy of also threatens our economic security. roads, and airstrips instead of using the United States and over which our Price shocks and manipulation from gravel. We know that the pictures in military flies regular combat missions. OPEC between 1979 to 1991 are esti- the commercials and magazines refer It doesn’t make sense. mated to have cost the U.S. economy to ANWR as ‘‘America’s Serengeti.’’ Iraq’s action puts the embargo card about $4 trillion, while petroleum im- They must not be talking about the back on the table as a weapon to try to ports cost the United States more than Coastal Plain, for this area is a winter shape American opinion and Govern- $55 billion a year and account for over wasteland, where temperatures regu- ment policy. Who is to say other lead- 50 percent of our trade deficit. larly reach 70 degrees below zero for 9 ers in the Middle East might not take The PRESIDING OFFICER. The Sen- months of the year, with 58 consecutive the same step in the future? We know ator’s time has expired. days of darkness. who they are today. But who are they Mr. VOINOVICH. I ask unanimous We also know that the Coastal Plain going to be tomorrow, particularly in consent for 3 more minutes. is along the same geological trend as light of growing Muslim extremism. The PRESIDING OFFICER. Without the productive Prudhoe Bay, and it is Some of my colleagues may say since objection, it is so ordered. The Senator the largest unexplored, potentially pro- all our oil does not come from the Mid- is recognized for 3 additional minutes. Mr. VOINOVICH. Mr. President, de- ductive onshore basin in the United dle East, we can look to other nations. velopment of the Coastal Plain will States. But nobody knows for sure That is true, and one such supplier, bring up to $350 billion into the U.S. what is under there because we are pro- Venezuela, is currently undergoing po- economy and create up to 735,000 jobs hibited from finding out. litical and labor strife which has a tre- at home. In my state of Ohio, the num- In addition to the initial 1987 report, mendous impact on its oil industry. In- ber of jobs created is estimated at the Department of the Interior has deed, reports by Venezuela’s Industrial 52,000 for the petroleum industry and issued assessments in 1991, 1995, and Council earlier this week indicated 31,000 for other jobs, such as oilfield 1998 based on updated data from the that 80 percent of the country’s oil in- and pipeline equipment manufacturing, U.S. Geological Survey. According to dustry has been shut down. When Cha- telecommunications and computers, the USGS, it is estimated that the vez retook the Presidency, oil prices and engineering, environmental and Coastal Plain holds between 5.7 billion went up almost 5 percent out of fear he legal research. These are real jobs for and 16 billion barrels of recoverable oil, will keep a tight rein on the production the people in my State, in spite of the with an expectancy of about 10.3 billion volume. fact we are so far away from Alaska. barrels. The Coastal Plain can hold It is not out of the question to say The economic impact for oil develop- more than that, though. For example, our Nation may once again face the ment in Alaska is not a surprise; we the North Slope, was originally long lines we experienced during the are experiencing it even today. It has thought to contain 9 billion barrels of 1973 oil embargo. You would have meant a great deal to our State and to oil, but it has produced 13 billion bar- thought we would have learned our les- many other States. rels to date. son and worked to develop other oil. I also wish to point out that we have What if there isn’t any oil? We know However, we have seen our oil imports the support of Alaska’s citizens and that technology is so advanced for Arc- rise from 35 percent in 1973, and we are elected officials. We have heard from tic drilling that there can be hardly, if now at 58 percent. We have made very both of Alaska’s U.S. Senators. We any, environmental damage from ex- little progress in achieving our energy have heard from the Inupiat Eskimos ploratory drilling. For example, an ex- independence in the nearly three dec- who live and own 92,000 acres of Coastal ploratory well drilled in 1985 in the ades since the 1973 embargo. Plain. Twenty years ago, they were op- area adjacent to the Coastal Plain did We had the chance to make signifi- posed to this, but now are for it. not affect the wildlife. If the area does cant progress in 1995 when the Senate We cannot continue to rely on unsta- have as much oil as estimated, the ben- approved exploratory drilling in ble foreign sources to meet our energy efit could be great. To put the numbers ANWR. Unfortunately, President Clin- needs. The events of September 11 in perspective, Texas has proven re- ton vetoed the bill. Had he not, the En- made it clear who our enemies are, yet serves of 5.3 billion barrels. There is a ergy Information Administration esti- we continue to do business with them 95-percent chance that ANWR will mates that oil could have been flowing and support their terrorist activities yield more oil than all of Texas and a to us by as early as next year. by buying oil from them. We know we 5-percent chance that there is three When ANWR is developed, the Energy have the resources domestically to re- times as much oil as in Texas. Information Agency projects that peak duce our addiction to foreign oil. Now One of the half-truths being spread production rates could range from is the time to tap them. by those opposed to this amendment is 650,000 barrels to 1.9 million barrels per This amendment is economically that there is only 6 months of oil in the day. The lowest of this estimate would sound, it is environmentally respon- Coastal Plain. This is misleading be- replace the 613,000 barrels per day we sible, and it responds to our long-term cause it assumes no other sources of imported from Iraq in 2000. The highest national security needs. It is my fer- oil—no imports, no other domestic sup- estimate would replace 76 percent of vent hope that my colleagues will rec- ply—except from ANWR. The real the 2.5 million barrels a day we import ognize these facts and support this truth is that, according to the Depart- from the Persian Gulf in 2000. amendment to allow for oil exploration ment of Energy, ANWR’s oil supply It is very simple: We need to break in ANWR, just as they did in 1995 and would last between 30 to 60 years. our dependence on unreliable foreign 1980. Last week, Iraq, one of the ‘‘axis of energy sources. If the enemies of Amer- I yield the floor. evil’’ nations, announced a suspension ica are willing to take out the World The PRESIDING OFFICER. The Sen- of oil exports. Iraq supplies more than Trade Center and the Pentagon, does ator from Washington. 9 percent of the 8.6 million barrels of anybody doubt that if they had a Ms. CANTWELL. Mr. President, I ask oil we import every day. It is a long- chance to impact our energy supply, unanimous consent to speak for 7 min- standing U.S. policy not to allow oil to they would do it? utes prior to the Senator from Lou- be used as a political weapon. We can- Shouldn’t we be able to at least find isiana. not be held hostage to external inter- out how much oil is in ANWR espe- The PRESIDING OFFICER. Without ests or pressures. Iraq’s embargo last cially with this commonsense environ- objection, it is so ordered. The Senator week shows there are some countries mentally sensitive amendment? The is recognized for 7 minutes. that still think they can apply pressure amendment includes many environ- Ms. CANTWELL. Mr. President, I in this manner. mental protections, such as seasonal rise today in opposition to this amend- I am not upset at the fact Iraq shut limitations, reclamation of land to its ment, which would open up the Arctic its spigot because I have little doubt prior condition, use of the best avail- National Wildlife Refuge to oil develop- we will make up whatever dropoff oc- able technology—including ice roads, ment. I believe drilling in ANWR is a S2794 CONGRESSIONAL RECORD — SENATE April 17, 2002 short-term, environmentally uncon- ergy needs. We are making some These are policies that will make our scionable fix that fails to address our progress on these goals within this bill. energy system truly secure and inde- Nation’s real malady: Our dependence Obviously, one of the most important pendent. I agree our national security not just on foreign oil, but our over- provisions the Senate has thus far de- depends in part on the United States dependence on oil itself. bated involves the expedited construc- becoming less dependent on foreign en- I believe there is no way to justify tion of a natural gas pipeline from ergy resources, and that we must de- drilling in ANWR in the name of na- Alaska’s North Slope to the lower 48 velop more domestic supplies and a tional security. Oil extracted from the States. There are at least 32 trillion better balance of renewable energy wildlife refuge would not reach refin- cubic feet of natural gas in existing that will also make us less dependent eries for 7 to 10 years and would never Alaskan fields, and building a pipeline on nonrenewable fossil fuels. It would satisfy more than 2 percent of our Na- to the continental United States would be a mistake to look at this ANWR de- tion’s oil demands at any one time. create thousands of jobs, provide a bate in only one way, and to not invest Thus, it would have no discernable huge opportunity for the steel indus- in our country’s new sources of energy. short-term or long-term impact on the try, and help prevent our Nation from Therefore, I cannot support this price of fuel or our increasing depend- becoming dependent on foreign natural amendment, and I urge my colleagues ence on OPEC imports. Put another gas, from many of the same Middle to oppose it in the name of national se- way, the amount of economically re- Eastern countries from which we im- curity, to move ahead onto new energy coverable oil would temporarily in- port oil. sources and a 21st century energy pol- It is very important that we make crease our domestic reserves by only icy. one-third of 1 percent, which would not this investment in new natural gas and in job development. Adopting energy I yield back the remainder of my even make a significant dent in our im- time. ports, much less influence world prices efficient technologies can significantly advance our national and economic se- The PRESIDING OFFICER. The Sen- by OPEC. ator from Louisiana. An ‘‘ANWR is the Answer’’ energy curity. For example, a Department of Energy report, and these are amazing Ms. LANDRIEU. I ask unanimous policy fails to recognize the funda- consent to speak for 30 minutes as allo- mental truth: we cannot drill our way figures, but this Department of Energy report stated that automakers com- cated under the previous order. to energy independence. The PRESIDING OFFICER. Without The United States is home to only 3 monly use low-friction tires on new objection, it is so ordered. percent of the world’s known oil re- cars to help them comply with fuel serves, and unless we take steps nec- economy standards. However, because Ms. LANDRIEU. Mr. President, with essary to increase the energy efficiency there are no standards or efficiency la- all due respect to my dear friend and of our economy and, in particular, the bels for replacement tires, most con- wonderful colleague from Washington, transportation sector, this Nation’s sumers unwittingly purchase less effi- I rise to oppose the position she has consumers will remain subject to the cient tires when the originals wear out, outlined and to support the amend- whims of the OPEC cartel. To suggest even though low-friction tires would ment by the Senator from Alaska. I that drilling in the Arctic is the an- only cost a few dollars more per tire think it is very important for us to and actually would save the average swer is to ignore the facts and creates spend time on this issue. One of the American driver about $100 worth of a complacency that truly jeopardizes previous speakers said: Why would we fuel over the 40,000 mile life of the our economic and energy security. spend so much time on this issue? Why Furthermore, I believe the recent tires. would the Senate, all 100 Members of Fully phased in, better replacement U.S. Geological Survey report on the the greatest deliberative body in the tires would cut gasoline consumption biological value of the Arctic National world today, spend so much time on of all U.S. vehicles by about 3 percent, Wildlife Refuge Coastal Plain and the this issue? saving our Nation over 5 billion barrels The answer is because this is not a impacts of oil and gas development on of oil over the next 50 years, the same resident species reinforces what many small matter. This is not an insignifi- amount the U.S. Geological Survey cant debate. This is not a minor point. of us have argued from the beginning. says can be recovered from ANWR. Drilling in the Arctic represents a real This is a major point in the debate on Unfortunately, I also believe we have the future of this Nation and in what and significant threat to a wide range thus far missed the single most impor- of species including caribou, snow our energy policy is going to look like tant opportunity in this bill for truly and how we can strengthen and im- geese, musk oxen, and other wildlife. enhancing our nation’s energy security This report represents sound science. It prove upon it. and minimizing our foreign oil depend- It is said that beauty is in the eye of was peer reviewed and summarizes ence. That is, we have missed the op- the beholder. But given what I have more than 12 years of research. portunity to put in place real and heard in this Chamber, I say that bal- In stark contrast, the Department of meaningful CAFE standards, which ance must be in the eyes of the be- the Interior’s recent release of a new would increase the efficiency of our holder as well because those of us both two-page memo, which purports to ex- Nation’s vehicles and decrease our for- for and against this amendment con- amine the impacts of ‘‘more limited eign oil dependence. I continue to be- tinue to say we are for a balanced pol- drilling’’ in 300,000 acres of ANWR, was lieve the only way to permanently en- icy. Yet we argue the different aspects prepared in 6 days. One report, 12 years sure our Nation’s security is to look of what balance really is. So I am going of research; the other report, just 6 beyond 19th century policies that con- to give it one more shot by saying days. tinue our country’s reliance on extrac- Essentially, in this report the admin- tion and combustion of fossil fuels. what I think balance is. istration decided to dispute its own sci- Now is the time to launch the transi- The Senators from Alaska have done entists and say drilling in ANWR was tion to a new, 21st century system of a magnificent job of making clear that acceptable. I disagree with that. distributed generation based on renew- we are not for drilling everywhere; we Rather than drilling in ANWR, I be- able energy sources and environ- support a balance. lieve our task is to craft a balanced mentally responsible fuel cells. Imag- When this area was created, the areas policy that will permanently strength- ine today if a significant portion of in dark yellow, light yellow and green, en our national security and energy American homes and businesses pro- there was a balance in the creation of independence. We need an energy pol- duced their electricity from these re- this piece of land, land that is as large icy that endows America with a strong newables. as the State of South Carolina. Here we and independent 21st century energy I think about the last crisis in the have a balance: part of a refuge set system by recognizing fuel diversity, 1970s when our overdependence on for- aside for wildlife of all kinds, and a energy efficiency, the great assets that eign oil and high prices changed the small part where we could drill. Why distributed generation will create in dynamic in how many homes were would we want to drill here? Because it the future, and environmentally sound heated with oil and made significant is the largest potential onshore oilfield domestic production as a permanent reductions. Our country needs to make in the entire United States. It is not a solution to our Nation’s enduring en- those same changes today. minor field. It has major resources of April 17, 2002 CONGRESSIONAL RECORD — SENATE S2795 oil potentially, as well as gas. So a bal- the entire east and west coasts of the think there would be many Americans ance was struck. A deal of sorts was United States. There are places in the who would choose the latter. created. interior States where, because of rules, The third good reason is jobs. We We said let’s set aside a huge piece of regulations, slow permitting, lawsuits, continue to make decisions in this Con- land for a refuge, for a wilderness area, and filings on behalf of certain groups, gress that keep Americans from get- and then let’s set aside a part of it to the production has slowed down, forc- ting good paying jobs. Every time they drill. ing us to continue to increase our im- want to apply for a job, there may as The reason I feel so strongly about ports, year after year. These imports well be a sign that says: Congress opening this section of ANWR to drill- do not always come from friendly na- doesn’t think we should drill. So go ing—and it took me a while to come to tions, from nations that share our val- look elsewhere for work. this position because I have heard a lot ues, but sometimes from nations that I don’t know about the Presiding Of- of other arguments—is because of this are in direct opposition to U.S. foreign ficer, but I have thousands of people in precedent I feel this will set. If we policy and the democratic values for Louisiana who want to work. I have overturn the original dual intent of which we stand. heard Senators say 60,000 jobs doesn’t ANWR and block all drilling there, My second point is, are we asking matter. This Senator believes 60,000 where will we stop? Instead of adding something of Alaska that we have not jobs is a lot of jobs. We should allow to production in the United States, ei- asked of other States? The senior Sen- more production, which will lead to ther on our shores or off of our shores, ator from Louisiana showed this chart, more than 60,000 jobs. We should pro- we keep taking places off of the map and Senator MURKOWSKI showed it ear- mote investments in conservation and for production. We are not going in the lier. It is worth showing again. We are alternative fuels. There are lots of jobs, right direction, and we need to change only asking to allow drilling in the in science and other high-end jobs, as- course. That is why this is so impor- kind of places where other States are sociated with alternative fuels. Why tant. already allowing it. Drilling is taking not have good jobs for both production I have said this 100 times. The Sen- place in nine refuges in Texas; 12 in and conservation? Why turn down ator from Alaska has said it, the senior Louisiana; 1 in Mississippi, 1 in Ala- these job-making opportunities when it Senator from Louisiana did a magnifi- bama. You can see the rest. These are is so important to produce jobs for peo- cent job of saying it this morning, but ongoing drilling operations in refuges. ple in Louisiana, for people in Alaska, let me also quote from a person we all Someone in my office the other day, for people in Delaware, for people in respect—both Democrats and Repub- a great labor leader from Louisiana, New Mexico? I don’t understand it. licans—Richard Holbrooke, whom we asked: Senator, why are people against We can create good, skilled jobs, know well. I would say there would be drilling? I was trying to explain. I said: where people can make a very good liv- no disagreement in this Chamber that Some people said this area is the last ing working 40 or 50 hours, overtime, this man is an expert in international great place. He said: Would you tell onshore, offshore, whereby they can relations and national security policy. them America is full of great places? buy a home, contribute to their com- I will read what he said in February Louisiana has great places. munity, send their children to get an this year: I loved when he said, ‘‘America is full equal or better education than they Our greatest single failure over the last 25 of great places.’’ There are great places did. I think it is very important. years— in all of our States. We will preserve The fourth reason we need to support Not one of our great failures, not them. We will fight to keep them wil- drilling in ANWR besides the fact we something that we should have done a derness when we can. But when we need it, besides the fact it is balanced, little better— refuse to tap domestic sources of oil besides the fact we are doing it in was our failure to reduce our dependence on and gas that would help our Nation, many other States in the same way we foreign oil—which would have reduced the help our economy, create jobs, and re- would be asking Alaska to contribute, leverage of Saudi Arabia. lease us from our dangerous depend- besides the fact that it means thou- Why does he say this? Because of ency on imported oil and gas, it just sands and thousands of good-paying headlines such as these: ‘‘Suicide makes no sense to me. jobs that people in America would like Bomber Kills 6 as Powell’s Talks We have been spending a lot of time and need at this time, it is the right Begin,’’ ‘‘Chavez Reclaims Power in on this issue because it is at the heart thing to do for our environment. I Venezuela,’’ ‘‘Powell Meets Arafat, of the debate. We have a weak produc- mean that sincerely. I know I said Makes Little Progress.’’ tion policy and, I might say, a weak some things on the floor about some Mr. Holbrooke knows the uncer- conservation policy. That is the wrong environmental organizations, and I be- tainty of the Middle East and we are direction. We need to turn around and lieve their positions, with all due re- all learning of the difficulties in Ven- go the other way: Strong production spect to the great work they have ezuela. He represented our country in and strong conservation. If we don’t, I done, are leading this country in the the United Nations. He knows what it predict there will be a huge price to wrong direction. takes for America to be strong to get pay. We will pay it one way or another, I work very well with environmental to the negotiating table free to make either through the lives of servicemen, groups in Louisiana and many of our the best decisions we can. He knows or through compromised foreign policy. environmental groups around the Na- our energy policy is in lockstep with Americans know this. There is no free tion. But I will say it again: When we our national security policy. lunch. We don’t seem to know that in- drill and extract resources in America, We have a chance to reverse course side the beltway, but working Ameri- we can do it in the most environ- and not make the same mistake again. cans of all stripes, of all political back- mentally sensitive way in the world. Let’s have a balance. grounds, understand that. It is impor- Why? Because we have the strictest Again, we have in ANWR the original tant. It is about balance. And we need rules and regulations. intent to have some refuge area, some it. Even the former executive director of wilderness area, and some drilling area. People say ANWR will not produce a the Sierra Club agrees, and he is on the Not all drilling. Not drilling every- lot of oil, that it will not come online record saying that by pushing produc- where, but where we can. An area for for several years—and I agree it will tion out of America, all we are doing is wildlife, for general recreation, and one take time. But there is enough oil, damaging the world’s environment. for the bottom line, businesses, work- even using the lowest estimates, to re- We have the best rules and the best ers, companies, and our economy. This place the oil we get from Saudi Arabia laws. We have a free press and the abil- is balanced. Instead, we get no more for about 8 to 10, maybe 8 to 12 years. ity, to punish those who pollute the en- drilling, a moratorium. Ask the American people, Would you vironment. Let me show the other moratoria in like to drill on our own land, land that That does not happen in other places the country. In addition to Alaska we control, land that we set regula- around the world, places without the being taken off the map, we have— tions on, and that we can depend on, or same confidence in the law that we can Democrats and Republicans are both do you want to continue to import oil have here in the United States. So the guilty here—imposed moratoria along from Saudi Arabia for 15 years? I don’t pro-environmental position—and I S2796 CONGRESSIONAL RECORD — SENATE April 17, 2002 mean this sincerely—is to drill and ex- any way you want. But what you can- and water system. Because it is a small plore and extract resources where we not do is sit on the sideline, complain town, they do not have the necessary can watch it, where we can control it and complain, prevent other States resources. I was sitting in my office in and where we can make sure it is done from drilling, and then just continue to Washington thinking about these chil- correctly. consume. dren dipping that cup and drinking If I am wrong I would like someone I have an amendment. I am thinking that rainwater. I know if they just to come to the floor and tell me: Sen- about offering this. I hope people who looked up and out just a few miles they ator, you are not thinking clearly vote against ANWR will think about could see a rig, producing the Nation’s about this. ways we can encourage our States, in a oil and gas. The money it produces is Apart from the many troubled parts fair way, to make their own choices not going to help them get a sewer sys- of the world where production is taking about how they would like to generate tem which they desperately need. It place, I don’t know where else we more energy or consume less, and to will not help these children get a road would drill. And the saddest part of put it in balance, so our Nation can so that when it floods or the weather is that to me, or the most hypocritical truly achieve energy independence. I bad they can get to school. That money part of that to me, is that we consume hope we can do that. is coming all the way up to Washington more than everyone else. If we were Let me show one more chart. This is for us to spend on all the States in the not consuming that much, I would say the Gulf of Mexico. You can see the red Nation. fine. But we go to poorer countries areas here where there is active drill- When I ask to have a sewer system with less infrastructure, fewer rules, ing. We have been doing this now for 50 for them, I have to come back, ask and and weaker laws and enforcement, not years. We have made some mistakes. I plead for money from the budget to get because they need the oil but because am the first one to admit it. We didn’t the kids in Grande Isle a drinking we need it. And we degrade the envi- know all the things that we know now water system. That isn’t fair. ronment and support illegitimate re- back in the 1940s and 1950s. I will propose and will continue to gimes because we will not drill in our We did not have the science and the propose that we have more drilling and own country. I do not understand it. technology. But we have made tremen- that the communities that host drill- I will make another point about Lou- dous progress, and we in Louisiana are ing share in those revenues. We need isiana. I have heard some of my col- happy to produce hundreds of millions infrastructure for the people and fami- leagues come to the floor and say: I of barrels of oil and gas, and host pipe- lies living there, for the workers and will not drill in ANWR, but boy I will lines that light up the Midwest and the businesses that are participating, come drill in the Gulf of Mexico. New York and California. We want to and for the associated environmental I want to show the map of these do it. We are proud of the industry, and impacts, which can be minimal. Some- States that are net producers of en- we are getting better and better at it times they are a little more chal- ergy. There are only a few of us. There every day. lenging. But with good science and the are only 15. There are only 15 States in But it is grossly unfair for our State, old yankee ingenuity and southern in- the entire country, just 15, that and Mississippi and Alabama and genuity, we can get that done for the produce at least 50 percent of the en- Texas, to bear the brunt of this produc- people of our State. ergy they consume. You can see the tion when other States don’t want to In conclusion, I have given five good States represented here. produce. Then, to pour salt on the reasons why this is so important. We love all of our States, wish them wound, we get no portion of the reve- Let me close by reading something all well, and we are all part of this nues that are generated. Taxpayers out of the Atlantic Monthly, ‘‘The great Union, but the red States on this may not realize this, but the royalties Tales of a Tyrant’’, written by Mark chart produce less than half the energy that come into the Treasury every Bowden, author of ‘‘Black Hawk they consume, which means they do time you produce a natural resource Down.’’ We are familiar with the inci- not produce oil, they do not produce can keep our personal income taxes dent. Many of us have seen the movie. gas, they do not produce nuclear, they lower. It is very riveting. I would like to read do not produce wind, solar, or hydro, When we do not drill, royalties do about the kind of people from whom we but they want their lights to come on not come into the Treasury, so taxes are getting our oil. Wearing his military uniform, he walked whenever they want and they want to have to go up to support Government. slowly to the lectern and stood behind two power their businesses and industries. So a fifth really good reason to explore microphones, gesturing with a big cigar. His Nobody can look at this map and say natural resources is so we can bring body and broad face seemed weighted down this is fair. I know there are products money into the Treasury, again in a with sadness. There had been a betrayal, he produced in some States that other very balanced approach, and keep taxes said. A Syrian plot. There were traitors States do not produce. I am clear. But minimal for taxpayers. among them. Then Saddam took a seat, and there are no moratoria on growing However, all that money that goes to Muhyi Abd al-Hussein Mashhadi, the sec- retary-general of the Command Council, ap- corn, no moratoria on growing cotton. the Federal Treasury right now, from peared from behind a curtain to confess his People are not opposed to that or think production in Louisiana, Texas, Mis- own involvement in the putsch. He had been it harms the environment to grow corn sissippi, and Alabama, is not shared secretly arrested and tortured days before; or grow wheat. But we have a policy with those States. Since 1950, we sent now he spilled out dates, times, and places growing in this country that we do not $120 billion to the Federal Treasury. where the plotters had met. Then he started want to produce anything but we want Louisiana, which has produced the naming names. As he fingered members of to continue to consume. lion’s share of the offshore production the audience one by one, armed guards I am for strong conservation meas- for the whole Nation, has not received grabbed the accused and escorted them from the hall. When one man shouted that he was ures. I voted against the proposal to re- a penny. innocent, Saddam shouted back, ‘‘Itla! duce CAFE standards, not because I This is a true story. I know my time Itla!’’—‘‘Get out! Get out!’’ (Weeks later, don’t agree with the goal, but because is almost to the end, but I am going to after secret trials, Saddam had the mouths the method was wrong. It would have end with a couple of points on this. of the accused taped shut so that they could cost too many jobs in my State. There Two years ago the mayor of Grande utter no troublesome last words before their is a better way to get there. I would Isle, a tiny little place down here at firing squads.) when all of the sixty ‘‘trai- vote for even more stringent measures the foot of Louisiana, told me of a lot tors’’ had been removed, Saddam again took but not that particular measure. of their unique problems. the podium and wiped tears from his eyes as There are strong conservation meas- The mayor called me and said: Sen- he repeated the names of those who had be- trayed him. Some in the audience, too, were ures that I and many Members support. ator, I have a problem. I don’t have a crying—perhaps out of fear. This chilling But this attitude has to change. We sewer system and a water system that performance had the desired effect. Everyone have to have an attitude among all of is able to bring the fresh water that I in the hall now understood exactly how these States that you either reduce need. I have children in school drinking things would work in Iraq from that day for- your consumption significantly or you rainwater out of a barrel, dipping a cup ward. decide how to produce the energy. You into a barrel, drinking the rainwater, If we cannot get enough of the Sen- have your choice. You can produce it because we do not have the right sewer ate to vote in favor of this amendment, April 17, 2002 CONGRESSIONAL RECORD — SENATE S2797 in spite of articles like this, because of seismic or other exploration activities, of September 11, a key element of any movies that we see, because of head- which have had significant effects on new energy security policy should be to lines like this, and the disruptions not the Arctic environment to the west of secure our existing energy system— only in the Mideast but in Venezuela, I the Coastal Plain. Seismic activities from production to distribution—from don’t know what will make the Mem- are conducted with convoys of bull- the threat of future terrorist attack. bers of this Senate decide that we must dozers and ‘‘thumper trucks’’ over ex- Americans deserve to know that the produce where we can produce. We can tensive areas of the tundra. Explor- Senate has protected the existing set aside lands where we can set aside atory oil drilling involves large rigs North Slope oil rigs and pipelines from land, create jobs for our people and se- and aircraft. attack. Americans deserve to know curity for our Nation. The language does not cover the that the Senate has considered meas- I am giving the best I can give. I many miles of pipelines snaking above ures to reduce the vulnerability of don’t think we have the votes. But I the tundra, just the locations where above ground electric transmission and submit this for the RECORD, and hope the vertical posts that support the distribution by providing needed in- people will reconsider their positions. pipelines literally touch the ground. In vestments in siting of below ground di- Mr. BINGAMAN. Madam President, addition, this ‘‘limitation’’ does not re- rect current cables, in researching bet- under the unanimous consent, I believe quire that the two thousand acres of ter transmission technologies, and in the Senator from Wisconsin is the next production and support facilities be in protecting transformers and switching Senator to speak. one contiguous area. As with the oil stations. Americans want us to review The PRESIDING OFFICER (Ms. fields to the west of the arctic refuge, thoroughly the security of our Nation’s CANTWELL). The Senator from Wis- development could and would be spread domestic nuclear powerplant safety re- consin is recognized. out over a very large area. gimes to ensure that they continue to Mr. FEINGOLD. Madam President, I Indeed, according to the United operate well. Finally, Americans living rise to oppose the amendments offered States Geological Survey, oil under the downstream from hydroelectric dams by my colleagues from Alaska, Mr. Coastal Plain is not concentrated in want to know that they are safe from MURKOWSKI and Mr. STEVENS. I oppose one large reservoir but is spread in nu- terrorist initiated dam breaching. We these amendments for several reasons, merous small deposits. To produce oil must assure them that this existing in- and I rise to share my concerns with from this vast area, supporting infra- frastructure is secure. my colleagues. structure would stretch across the These were issues that the House did Energy security is an important not address on August 2, 2001, when it issue for America, and one which my Coastal Plain. And even if this cap were a real development cap, what passed its bill, because the terrorist at- Wisconsin constituents take very seri- tacks of September 11, were obviously ously. The bill before us initiates a na- would this mean? Two thousand acres is a sizable development area. The de- unthinkable at that time. These are tional debate about the role of domes- issues that drilling in the refuge does tic production of energy resources velopment would be even more trou- bling as it is located in areas that are not address. But we are a changed versus foreign imports, about the country in response to September 11, actually adjacent to the 8 million acres tradeoffs between the need for energy and these are very real issues today, of wilderness that Congress has already and the need to protect the quality of issues that must be addressed. our environment, and about the need designated in the arctic refuge which In addition, there have been signifi- for additional domestic efforts to sup- share a boundary with the Coastal cant technological changes in the last port improvements in our energy effi- Plain. few months that can help us reduce our ciency and the wisest use of our energy The delegation of authority to open dependence upon foreign oil. On Sep- resources. The President joined that the refuge is controversial, and make tember 19, 2001, a model year 2002 Gen- debate with the release of his national no mistake, it will generate lengthy eral Motors Yukon that can run on ei- energy strategy earlier this Congress. debate. ther a blend of 85 percent ethanol and The questions raised are serious, and I have also heard concerns from the 15 percent conventional gasoline or differences in policy and approach are constituents in my state who have paid conventional gasoline alone rolled off legitimate. dearly for large and significant jumps the line in my hometown of Janesville, I join with the other Senators today in gasoline prices. Invoking the ability WI. The 2002 model year Tahoes, who are raising concerns about these to drill in response to a national emer- Suburbans and Denalis with 5.3 liter amendments. Delegating authority to gency does not add to gasoline supplies engines will be able to run on either the President to opening the refuge to today, nor does it do anything to ad- fuel. But while my constituents could oil drilling does little to address seri- dress the immediate need of the Fed- buy a vehicle that can run on a higher ous energy issues that have been raised eral Government to respond to fluctua- percentage of ethanol fuel, there isn’t a in the last few months. tions in gas prices and help expand re- place open today to buy that fuel in Though proponents of drilling in the fining capacity. In some instances, Wisconsin. We could go a long way refuge will say that it can be done by there were reports of prices between $3 under this bill to reducing dependence only opening up drilling on 2,000 acres to as high as $8 per gallon in Wisconsin on foreign oil by using domestic energy of the refuge, that is simply not the on September 11 and 12, 2001. The De- crops and biomass more wisely, and we case. The President will decide whether partment of Energy immediately as- should pass this bill to reflect our new the entire 11⁄2 million acres of the sured me that energy supplies were technological capacity. Coastal Plain of the refuge will be open adequate following the terrorist at- I also oppose this amendment be- for oil and gas leasing and exploration. tacks, and these increases are being in- cause there is a lingering veil of con- Exploration and production wells can vestigated as possible price gouging by cern that special corporate interests be drilled anywhere on the coastal the Department of Energy and the would benefit over our citizens by this plain. State of Wisconsin. With adequate en- amendment. Oil companies receive a I infer that when proponents say that ergy resources, constituents need as- good deal of financial assistance in the only 2,000 acres will be drilled, they are surances that these unjustified jumps form of tax breaks from the Federal referring to the language in the amend- can be monitored and controlled. Government to encourage development ment which states, and I am para- And I, along with many other Sen- of domestic oil supplies. I have spoken phrasing, ‘‘the Secretary shall . . . en- ators, have constituents who are con- out, for example, against the percent- sure that the maximum amount of sur- cerned about the environmental effects age depletion allowance in the mining face acreage covered by production and of this amendment, and what it says of hardrock minerals, and its use in the support facilities, including airstrips about our stewardship of lands of wil- oil sector dwarfs the hardrock tax and any areas covered by gravel berms derness quality. break. or piers for support of pipelines, does I also oppose opening the refuge for This longstanding tax break allows not exceed 2,000 acres on the Coastal what it will do to the Energy bill as a those in the oil business to, in effect, Plain.’’ whole. This measure contains impor- write off all of their losses. The osten- That limitation is not a clear cap on tant provisions that we need to enact sible reason for the depletion allow- overall development. It does not cover into law. In light of the tragic events ance is to encourage exploration of oil S2798 CONGRESSIONAL RECORD — SENATE April 17, 2002 drilling sites, which, presumably, no acres of wilderness that Congress has regulatory regime, I was profoundly one would do without such a tax break. already designated. The amendment struck by the environmental legacy of The oil industry argues that other proposes to essentially trade wilder- oil development in another eco- businesses are allowed to depreciate ness designation for other areas in the logically rich coastal area. the costs of their manufacturing. But refuge, 1.5 million acres in the south- For these reasons, I oppose this this tax break goes well beyond the ern portion of the refuge for the 1.5- amendment. I appreciate the funda- costs of deducting capital equipment. million-acre Coastal Plain. The exist- mental concern that we need to de- For example, a garment manufacturer ing wilderness areas in the refuge, how- velop a new energy strategy for this can only deduct the original cost of a ever, are immediately adjacent to the country. I do disagree strongly, how- sewing machine, whereas an oil well Coastal Plain. I am concerned that the ever, with drilling in this location, can produce tax deductions as long as President would permit drilling on the which I feel is deserving of wilderness it keeps producing oil. So this deduc- Coastal Plain of the refuge before Con- designation. I think this bill achieves tion can amount to many times the gress considers whether or not the its objectives without damaging the cost of the original drilling and explo- Coastal Plain should be designated as refuge, and I encourage colleagues to ration. The depletion allowance is cur- wilderness. Establishment of drilling oppose these amendments. rently set at 15 percent of gross in- on the Coastal Plain would be allowing Madam President, I yield the floor. come. a use that is generally considered to be The PRESIDING OFFICER. The Sen- The current cost to the U.S. Treasury incompatible with areas designated as ator from Nevada. for the depletion allowance exceeds $1 wilderness under the Wilderness Act. Mr. REID. Madam President, the ma- billion a year. This deduction can, in We have had very little discussion jority leader has authorized me to an- some cases, amount to 100 percent of about the effect of drilling in the ref- nounce there will be no rollcall votes the company’s net income, which uge on the wilderness areas that we this evening. means that all profitability comes have already designated. I want col- I would like to make a unanimous from Government tax subsidies. leagues to be aware that the drilling consent request. I have spoken to both But just in case there is anyone in question threatens not only our ability managers of the bill. We have, in the the oil industry not enjoying sufficient to make future wilderness designations unanimous consent queue that is now profitability, Congress has come up in the Coastal Plain but also could en- established, Senator DORGAN speaking with a number of other cushions danger areas that we have already des- for 20 minutes. Senator DORGAN is not against the risks of capitalism. Big Oil ignated as wilderness in the public going to speak. So in place of that 20 can immediately deduct 70 percent of trust. minutes, I ask unanimous consent to Colleagues should keep in mind that the costs of setting up an operation of amend the order to put in Senator the so-called intangible drilling cost the criteria established in this amend- STABENOW for 10 minutes and Senator deduction. Other industries have to de- ment that the President must certify MURRAY for 10 minutes. duct such costs over the life of the op- in his determination to open of the The PRESIDING OFFICER. Is there eration, so this amounts to another in- Coastal Plain as a source of oil do not objection? terest-free loan from the Treasury. It include any new developments or The Chair hears none, and it is so or- also amounts to a double deduction, changes in the geological information dered. since the depletion allowance is sup- or economics that affect potential de- posed to compensate the poor oil pro- velopment of Arctic resources. The The Senator from Alaska. ducer for the costs of risking a dry United States Geological Survey has Mr. MURKOWSKI. Madam President, well. Repealing this deduction would already reconsidered those factors in I am continually amazed by the abil- save more than $2.5 billion over the its 1998 reassessment of the Arctic Ref- ity—and I am sorry my friend from next 5 years. uge Coastal Plain’s oil potential. Rath- Wisconsin has left the Chamber—to Another tax subsidy encourages oil er, the current discussion, in my view, generalize because that is what we are companies to go after oil reserves that is prompted by the rhetoric and oppor- doing here. There is a generalization are more difficult than usual to ex- tunistic efforts of those interests that that somehow the oil industry’s appli- tract, such as those that have already have long advocated drilling in the cation in Africa is perhaps applicable been mostly depleted, or that contain Arctic Refuge, to exploit the current to Alaska. These tactics I find unac- especially viscous crude. This, of response with regard to terrorism. ceptable because, first of all, we have course, is more expensive than normal If drilling may impair our ability to invited many Members of this body to oil drilling. Thus the ‘‘enhanced oil re- make a decision about the present and come up and see for themselves. covery’’ credit helps to subsidize those future wilderness qualities of the ref- You might not like oilfields. That is extra costs. The net effect of this is uge, if the refuge does not contain as the business of each and every Member. that we taxpayers are paying for do- much oil as we thought, and if opening But the best oilfield in the world is mestic oil that costs almost twice as the Coastal Plain to drilling may do Prudhoe Bay. It is 30-year-old tech- much as foreign supplies. little to affect our current domestic nology. What bothers me about this The combined effect of the depletion prices, why, then, are we considering general criticism is nobody seems to allowance, the intangible drilling cost doing this? The facts don’t point to- care where oil comes from as long as deduction, the enhanced oil recovery ward drilling in the refuge: the refuge they get it. The Senator from Wis- credit, and other subsidies can some- may not contain as much oil as we consin generalized on several aspects, times exceed 100 percent of the value of think, and opening the Coastal Plain to implying that somehow the limitation the energy produced by the subsidized drilling may have only a minor effect in this bill of a 2,000-acre disturbance oil. This makes no economic sense at on our current domestic prices. was broader than that. all. I make these points because the I raise these issues because I have Let me read what is in the bill. It en- taxpayers already give the oil sector a grave concerns about the arguments sures that the maximum amount of great deal of assistance, and now we that oil drilling and environmental surface acreage covered by production are being asked to give up additional protection are compatible. I traveled, a and support facilities, including air- public lands as well. while ago, through the Niger Delta re- strips and any areas covered by gravel Before we allow the President to gion of Nigeria by boat, where I ob- berms or piers for support pipelines, open more public lands, I think we served firsthand the environmental does not exceed 2,000 acres on the should be mindful of the help these in- devastation caused by the oil industry. Coastal Plain. I don’t know what could dustries are already getting. The terrible stillness of an environ- be more understood than that state- I also am concerned about the effect ment that should be teeming with life ment. of a decision to open the refuge to oil made a very powerful impression on Furthermore, to suggest that explo- drilling on resources that we have al- me. These are the same multinational ration is a permanent footprint on the ready designated for special protection. companies that have access to the land begs the issue. Here is what explo- The 19-million-acre Arctic National same kinds of technologies, and though ration looks like in the summertime on Wildlife Refuge contains 8 million they are operating in a vastly different a particular area that was drilled. The April 17, 2002 CONGRESSIONAL RECORD — SENATE S2799 reality will show you that the foot- President certifies to the Congress that dent of the United States the authority print is certainly manageable. To sug- exploration, development, and produc- to make this determination. I would gest somehow that that particular ac- tion of oil and gas resources of the like to think every Member of this tivity, because of the advanced tech- ANWR Coastal Plain are in the na- body values not only the President but nology, is incompatible with this area tional economic and security interests his office to see what is in the best in- is really selling American ingenuity, of this country. terest of our country, our Nation, and technology, and American jobs short. What does that mean? It means dif- our national security. The Senator from Wisconsin didn’t ferent things to different people, I sup- I yield the floor. indicate at all the concern of the jobs pose one might say. From the stand- The PRESIDING OFFICER. The Sen- associated with this. He didn’t concern point of at least my interpretation ator from Delaware. himself as to where we would get the from the former senior Senator from f oil. He simply said he didn’t think it Oregon, Mark Hatfield, the statement I RECESS should come from this area. He talked opened with, I would vote to open up about the flow of technology, refuge ANWR anytime rather than send an- Mr. BIDEN. Madam President, I ask and wilderness. other young man or woman to fight a unanimous consent that the Senate re- Let me show you the map one more war in a foreign land over oil. We did cess for up to 3 minutes so our col- time. It has been pointed out again and that in 1992. We lost 148 lives. At that leagues may have a chance to meet His again, but perhaps some Members are time, we were substantially less de- Excellency, President Andres Pastrana, not watching closely enough. They pendent on imported oil. President of the Republic of Colombia, simply assume that the ANWR Coastal Make no mistake about it. Our mi- and His Excellency Juan Manuel Plain is wilderness. Congress specifi- nority leader, Senator LOTT, indicated Santos, Minister of Finance. cally designated it as a specific area in his statement the vulnerability of President Pastrana’s term ends in outside the wilderness. It is the 1002. this country. Our Secretary of State the next 2 months. We just had him be- Only Congress can open it. It is the has not been able to bring the parties fore the Foreign Relations Committee. Coastal Plain. together in the Mideast. It remains In all the years I have been on that Within ANWR there are almost 8.5 volatile. The situation in Venezuela is committee, as I said to my colleagues million acres of wilderness. There are 9 unclear. The estimates are this Nation today and I say to my colleagues here, million acres of refuge and 1.5 million has lost 30 percent of the available we have never had a better friend of in the Coastal Plain. What we pro- crude oil imports that we previously America as a head of state from any posed—and nobody has mentioned—is enjoyed—that is an interruption—as a country more so than President the creation of another 1.5 million consequence of Saddam Hussein termi- Pastrana. acres of wilderness. nating production for 30 days. We have One distinction that marks his serv- It is time that Members, before they reason to believe Colombia is on the ice to his country and to the entire re- come to the Chamber, familiarize verge of some kind of an interruption gion is that when we lose elections themselves with what is in the amend- here, we get a pension. When you run ment. It is a 2,000-acre limitation. Not which will terminate the oil through for election, stand for election, and too many people want to recognize their pipeline. This is a crisis. The reason you don’t see Members take a stand in Colombia, you often lit- that. They suggest the entire area is at coming down here and saying, ‘‘I guess erally get kidnapped or killed. risk. That is ridiculous. We have an ex- we had better do something about it I have become a personal friend of port ban. Oil from the refuge cannot be the President, and I visited with him exported. We have an Israeli exemption now,’’ is very clear. The shoe is not and his family. I cannot tell you how providing an exemption for exports to pinching enough. The prices are not much I admire and marvel at his per- Israel, under an agreement we have had high enough. I would hate to say there sonal courage and that of the other of- which expires in the year 2004. We are are not enough lives at risk. Members could very well rue the day ficials in Colombia who have fought to going to extend it to the year 2014. As I have indicated, we have a wilder- on this vote, recognizing the influence keep the oldest democracy in the hemi- ness designation, an additional 1.5 mil- of America’s environmental commu- sphere just that—a democracy. lion acres which would be added to the nity on this issue. I think everyone I ask that the Senate recess for up to wilderness out of the refuge. Here is who is familiar with oil development in 3 minutes for my colleagues to be able the chart that shows that. We are add- Alaska understands that we consume to meet the President and the Minister ing to the wilderness. this oil that we produce in Alaska. It is of Finance of Colombia. I ask unani- If that doesn’t salve the conscience of jobs in America. It is U.S. ships built mous consent that we recess for up to some Members who believe that is the in American shipyards. These are the 3 minutes. price we should pay, I don’t know what facts. By not recognizing the real com- There being no objection, the Senate, does. mitment we have to doing business in at 5:30 p.m. recessed and reassembled Finally, we have a Presidential find- America, we are going to have to get at 5:34 p.m. when called to order by the ing. This amendment does not open that oil overseas. Presiding Officer (Ms. CANTWELL). ANWR. ANWR is opened only if the When the Senator from Wisconsin f generalizes about oilfields, he doesn’t President certifies to Congress that ex- NATIONAL LABORATORIES PART- ploration, development, and production give us the credit for the advanced NERSHIP IMPROVEMENT ACT OF of the oil and gas resources in ANWR’s technology moving from Prudhoe Bay 2001—Continued Coastal Plain are in the national eco- to the next major oilfield we found in nomic and security interests of the Alaska called Endicott. Endicott was The PRESIDING OFFICER. The Sen- United States. 56 acres. It was the 10th largest pro- ator from Michigan. We leave all kinds of things up to the ducing field. Those are the kinds of Ms. STABENOW. Madam President, I President around here. Declarations of technological advancements we have in rise to oppose the proposal to drill in war are often, in effect, handled by the this country. the Arctic National Wildlife Refuge. President rather than the Congress—in As a consequence, I am prepared to With all due respect to my colleagues the informal stage, at least. We think continue to respond to those inaccura- on the other side, who I know feel it is a pretty important responsibility. cies. It is a shame we have to subject strongly, I feel strongly as well and We are giving that responsibility to the ourselves to the pandering associated have been involved with this issue President. Yet those from the other with interpretations that have nothing since my time in the House of Rep- side, I don’t know whether they be- to do with the extent of the risk associ- resentatives, where I consistently co- grudge, distrust, or whatever, because ated to our national security at this sponsored legislation that would not it happens to be in the President’s en- time. allow drilling to occur. ergy proposal that we open up the area, The risk is very real. The risk may It is important that we continue to and that is good enough for me. go beyond the risk associated with just stress the fact that drilling in ANWR The amendment does not open a political view of this issue. In this will not create energy independence ANWR. It will only be opened if the amendment, we are giving the Presi- and that we are talking about, even if S2800 CONGRESSIONAL RECORD — SENATE April 17, 2002 we started drilling tomorrow, the first able in the existing oilfields on the We can meet our energy needs in other barrel of crude oil would not make it to Alaskan North Slope. Currently, nat- ways that look to the future. We can the market for at least 10 years. So it ural gas is produced with this oil but is create important jobs for our people in would not affect our current energy reinjected, as we all know, back into other ways with the natural gas pipe- needs. There is a real question in all of the ground because there is no pipeline line. We have other opportunities to the debate going on about the concerns to bring it to the lower 48 States. Con- drill that do not involve risking this that are immediately in front of us. structing the Alaskan natural gas pipe- important part of our heritage. Our This is not the answer to that. line will create more than 400,000 new ability to pass this area on to our chil- We are talking about whether or not, jobs and provide a real opportunity to dren and to protect it is very impor- on the one hand, we risk the environ- the U.S. steel industry, which, I might tant. mentally sensitive Coastal Plain for add, is incredibly important in my When we look at all of the various the equivalent of just 6 months’ worth State of Michigan, where we are con- wildlife species, all of the animals and of usage or consumer usage in the cerned about an integrated steel indus- birds that are involved in this area of United States. And this is not some- try from the iron ore mines in the land and the habitat involved, I cannot thing that will be available for use for upper peninsula of Michigan to our imagine that we, in fact, will be serious 10 years. It doesn’t make sense to me. steel mills. about risking this fragile and irre- I think that in this energy bill, when This pipeline would require up to placeable national treasure. we are trying to look to the future, we 3,500 miles of pipe and 5 million tons of I hope my colleagues will join with ought not to be going to the past in steel. The Alaska natural gas pipeline us in protecting this area for the future terms of trying to drill our way to en- also would provide natural gas to of our children and our grandchildren, ergy security and independence. American consumers for at least 30 and that we will move forward in the According to the EIA, an independent years and would be a stabilizing force other parts of this energy bill and the analytical agency within the Depart- on natural gas prices. other opportunities we have to lessen ment of Energy, drilling in the Arctic We can do that. We agree on that. We our dependence on foreign oil and cre- Refuge is projected to reduce the can move in this direction. It creates ate the economic and energy security amount of foreign oil consumption by jobs. It adds to the availability of en- that we all would like. the United States in 2020 from 62 per- ergy sources and does not risk one of I yield back the remainder of my cent to 60 percent—a whopping 2-per- the most important, pristine, environ- time. cent difference by 2020. This certainly mentally sensitive areas in our coun- The PRESIDING OFFICER. The Sen- is not going to address our energy try. ator from Washington. needs. Drilling in the Arctic Refuge There are other, better supply op- Mrs. MURRAY. Madam President, I will not really make a dent in the ques- tions available to us. Currently, as we rise today in opposition to cloture on tion of the overdependence on foreign all know, in the Gulf of Mexico, it is a these amendments. I want to say a few oil. Even John Brown, the CEO of BP source of 25 percent of the crude oil words about the energy bill in general, Amoco, admitted in an interview on produced in the United States, 29 per- and then I want to explain my opposi- ‘‘60 Minutes’’ back in February that it cent of the natural gas, and there are tion to drilling in the Arctic National was ‘‘simply not possible for the U.S. 32 million acres in the western and cen- Wildlife Refuge. to drill its way to energy independ- tral portions of the Gulf of Mexico Our country needs a comprehensive ence.’’ That is why we have a proposal under lease but not developed. Why are energy policy, and certainly that pol- in front of us that is comprehensive. we not talking about those areas? icy needs to recognize the current im- I would like to, once again, commend In addition, the oil industry is ex- portance of oil, gas, and coal explo- the sponsor and the leader on this tremely optimistic about the prospects ration. But to ensure America’s energy issue, Senator BINGAMAN, for not only of finding additional oil reserves in the security for the future, it should sup- his leadership in coming forward with a National Petroleum Reserve in Alaska port energy efficiency, conservation, broad plan that moves us to the future, where we are already drilling. In fact, clean and renewable energy sources, but also his patience during this proc- and it should help diversify our energy ess, as we have moved through all of the three largest oil discoveries in the sources. the amendments and the different com- last 10 years were made in the National Overall, I have to say I am dis- ments in which each of us have been in- Petroleum Reserve in Alaska. So we appointed in the direction in which volved. have options. When we look at the tradeoff, I sim- I am always perplexed in this debate this energy bill is heading because it ply don’t believe it is worth it. Drilling to hear why this is the focal point of has been diverted from achieving these in the Arctic Refuge will lead, poten- the administration’s energy plan, this important goals. I am disappointed be- tially, to environmental damage. The one piece of land, when we do have cause we had an opportunity to make proponents of drilling claim that the other options, and we have other op- progress on our long-term challenges. modern techniques are clean and would tions for creating jobs as well. This bill started off in the right di- cause no environmental damage. We also know that conservation and rection. Unfortunately, after many First, drilling accidents do happen. investment in new technologies are the amendments, it is now a far different Over the past several years, across the real solutions. Given relatively small bill, and I believe it does not respond Nation, there have been accidents due amounts of oil available in the Arctic adequately to the challenges we face to poor maintenance, equipment fail- Refuge, it does not make sense to en- either in my home State of Washington ure, human error, even sabotage. Cer- danger this 1.5-million-acre Coastal or nationally. tainly, in this time of concern about Plain that is the biological heart of It focuses too heavily on coal and terrorism, we need to be concerned this pristine national treasure. natural gas. It does too little to diver- about that as well. In these accidents, An energy policy such as the Senate sify our energy sources. crude oil was dumped into our rivers, energy bill that encourages conserva- It does not meaningfully raise fuel our lakes, our streams, and wetlands, tion and investments in new tech- economy standards, and it does not and often dangerous hydrogen sulfide nologies can help us come closer to protect electricity customers. In fact, gas was released into the air as well. achieving independence within 10 it creates considerable uncertainty in This doesn’t seem to be a good trade- years. electricity markets. It pursues elec- off for the equivalent of 6 months’ I am very proud of what is happening tricity deregulation despite the hard worth of oil that we cannot actually in Michigan as it relates to alternative lessons learned through our recent ex- begin to use for 10 years. We can create fuels, agriculture, and also what we are periences in California and with Enron. more jobs and help our U.S. steel in- doing in terms of technologies that are It takes regulatory authority away dustry and help our economy and make important for our future. from the States and gives it to the Fed- other kinds of positive benefits without The bottom line is the Arctic Na- eral Energy Regulatory Commission. drilling in the Arctic Refuge. tional Wildlife Refuge is one of the And it does not do enough to encour- There are more than 35 trillion cubic most pristine places in the United age investments in our transmission feet of natural gas immediately avail- States. This tradeoff is not worth it. systems. April 17, 2002 CONGRESSIONAL RECORD — SENATE S2801 Overall, this energy bill reflects the think we are moving too quickly to de- increase the fuel economy of our auto- way we have treated energy policy for regulate electricity markets and to mobiles and light trucks. Higher fuel decades. We have not addressed the create regional transmission organiza- economy standards will reduce air pol- long-term problems. Instead, we wait tions. From the California energy cri- lution, reduce carbon dioxide emis- until there is a crisis, and then we are sis to the collapse of Enron, the events sions, save consumers significant fuel stuck at looking at bad, short-term of the last few years have highlighted costs, and reduce our national trade fixes like drilling in ANWR. We have the importance of moving slowly with deficit. not dealt with our long-term depend- electricity legislation. In addition, cars made in the United ence on oil. We have not invested In Washington State, our regional States will be more marketable over- enough in renewable energy. We have transmission system has more than 40 seas if they achieve better fuel econ- not diversified our energy resources, major bottlenecks. There are many omy standards. Last month, many of and we have not put enough financial other parts of the Nation that also us in the Senate tried to raise CAFE incentives behind conservation. have major bottlenecks, and we need to standards, but our efforts were de- The responsible way to address our fix them. feated. energy problems is to focus on the We can build all the generation fa- A second way to reduce our need for long-term solutions like reducing our cilities we need but still not have foreign oil is to expand the use of do- need for oil and investing in clean and power because the transmission capac- mestically produced renewable and al- renewable energy sources. ity is inadequate. ternative fuels. That will reduce emis- Unfortunately, much of this bill con- With all of the problems we are expe- sions of toxic pollutants, create jobs in tinues to largely endorse the past prac- riencing in our transmission systems, the United States, and reduce our trade tices of short-term fixes that do not ad- this is not the time to dramatically deficit. dress many of the real long-term prob- alter the way electricity markets are Third, we can invest in emerging lems. regulated and function. technologies such as fuel cells and Today we are being asked to damage With regard to electricity legisla- solar electric cars. The United States tion, I think we should proceed very a sensitive ecosystem and spoil one of has always led the world in emerging cautiously. our national treasures for the sake of technologies, and this should not be I will now turn to the debate over oil production. We cannot drill our way any different. drilling in the Arctic National Wildlife Fourth, we can also increase the en- out of energy problems. That is a fact. Refuge, which I strongly oppose. For I ask my colleagues: At what point ergy efficiency of our office buildings the record, I have heard from many and our homes. do we say ‘‘enough is enough’’? Today residents of my State on this issue. These four strategies will reduce our we are being asked to allow the Presi- They have called me, sent me letters, dependence on foreign oil and protect dent to authorize exploration in a crit- faxes, e-mails, and a clear majority op- one of our Nation’s most precious ical wildlife refuge. Where will we and pose drilling in ANWR. treasures. future generations be asked to drill to- I will vote against oil exploration in The proponents of drilling in ANWR morrow? ANWR because the potential benefits have argued it will help our national To get out of these short-term traps, do not outweigh the significant envi- security, and I want to comment on we need to invest in long-term solu- ronmental impacts. The Arctic Na- that. Back in 1995, the same proponents tions, such as diversifying our energy tional Wildlife Refuge is an important of drilling in ANWR fought to lift the sources. and unique national treasure. In fact, ban on exporting North Slope oil. Prior This bill started with a strong renew- it is the only conservation system in to 1995, oil produced on American soil, able portfolio standard which would North America that protects the com- on the North Slope of Alaska, was, by have diversified our energy sources. plete spectrum of Arctic ecosystems. It law, headed for domestic markets. This After many changes, however, these is the most biologically productive export ban had been in effect for over standards are now no better than the part of the Arctic Refuge, and it is a 20 years. In 1995, some Members worked current pathways we have. To me, that critical calving ground for a large herd to lift that ban. On the other hand, I is a missed opportunity. We should be of caribou, which are vital to many Na- helped lead a bipartisan filibuster, with doing more to diversify our energy tive Americans in the Arctic. Energy Mr. Hatfield, a great Senator from the sources. exploration in ANWR would have a sig- State of Oregon, to keep the export ban Currently, Washington State and the nificant impact on this unique eco- in place because it served our Nation’s Pacific Northwest are very dependent system. Further, development will not interest. Since that debate first took on hydroelectric power to meet our en- provide the benefits being advertised. place, I have become even more con- ergy needs. This dependence contrib- The proponents of this measure argue vinced that sending our oil to overseas uted to severe price spikes during last that over the years energy exploration markets is the wrong policy for our year’s drought and California’s disrup- has become more environmentally country. tion of the west coast energy market. friendly. While that may be true, there The PRESIDING OFFICER. The Sen- I fear that in our rush to address last are still significant environmental im- ator’s time has expired. year’s energy shortfall, we in Wash- pacts for this sensitive region. Explo- Mrs. MURRAY. I ask for 3 additional ington State are now becoming over- ration means a footprint for drilling, minutes. reliant on natural gas. Diversifying our permanent roads, gravel pits, water The PRESIDING OFFICER. Without energy resources will help us prevent wells, and airstrips. We recognize that objection, it is so ordered. future price swings. Developing other our economy and lifestyle require sig- Mrs. MURRAY. It is recognized that resources like wind, biomass, solar, and nificant energy resources, and we are gasoline prices in west coast States are geothermal energy will protect us from facing some important energy ques- frequently among the highest in the future shortages and will ensure our tions. However, opening ANWR to oil Nation. It is estimated that since 1995 communities and economy they can and gas drilling is not the answer to more than 90 million barrels of Alas- continue to grow. our energy needs. kan oil have been exported overseas. However, rather than enacting a Many people are incorrectly stating Approximately half of that oil went to strong renewable portfolio standard, the exploration of ANWR will reduce Korea, a quarter of it went to Japan, this bill will continue the failed strat- our dependence on foreign oil. As a na- and the remaining went to China and egy of digging more, burning more, and tion, the only way to become less de- Taiwan. I would respectfully suggest to conserving less. pendent on foreign oil is to become less the administration and the proponents I refer next to the electricity title in dependent on oil overall. The oil re- of drilling in ANWR that if this debate this energy bill. The Presiding Officer serves in ANWR—in fact, the oil re- were really about providing Americans is from Washington State and she serves in the entire United States—are with our own oil or about denying Sad- knows we have worked on and agreed not enough to significantly reduce our dam Hussein the means to develop his to many amendments. However, elec- dependence on foreign oil. evil plans, here in the Senate we would tricity consumers in this underlying There are four ways to really reduce be considering reimposing the export bill do not appear to be protected. I our need for foreign oil. First, we can ban. S2802 CONGRESSIONAL RECORD — SENATE April 17, 2002 The administration has been silent and drive it around the track. It was an That is part of what the Senator from on reimposing that ban, the House has exciting experience, to think that this the State of Michigan represents. been silent on reimposing the ban, and vehicle could be my future, my chil- I guess you let them be unemployed. I doubt the Senate will move on it ei- dren’s and my grandchildren’s future, If gas goes up to $3 or $4 a gallon, cer- ther. as a form of transportation. Very tainly the kind of vehicle, if not the Now I suspect that someone from the clean; a drop of water now and then quantity of vehicles that are produced other side is going to stand up and say emitting from the tailpipe of that car. in Michigan today and by the auto in- that the House-passed ANWR bill pre- So it is an exciting concept, to think dustry around the country, is going to cludes the exportation of oil from we have invested, taxpayers have in- dramatically change. Some would say ANWR and that the pending amend- vested in future technologies that that is perfectly fine, that is the way ment limits the exportation of ANWR someday may be available to the con- the marketplace ought to work, and, oil except to our friends in Israel. But suming public as a form of transpor- therefore, who cares? I think the Sen- it will be easy for proponents to do an tation. ator from Michigan cares. I know the end run around those provisions. Let me talk about the rest of the Senator from Idaho cares because in First, the export ban would have to story, about which the engineers and Idaho, driving from Boise, ID, to Twin survive in conference. Even if it sur- the scientists huddled around the hy- Falls, ID, is not around the corner. A vives, oil companies will still be al- drogen fuel cell at Ford Motor Com- few minutes down the road is 21⁄2 hours. lowed to export more of the oil they pany talked. They talked about the It is 250 miles. To go anywhere in my drill from other parts of Alaska where tens of billions of dollars it would take State means driving a couple hundred the ban does not exist. to build the infrastructure to fuel the miles. My State is 600-plus-miles long. The proponents will say there have hydrogen fuel cell that would have to By the way, that is from here to Bos- not been any recent exports of North be spread across the country, com- ton. And it is about 550 miles wide at Slope oil. The fact is that as soon as parable to the gas station on every cor- the widest. the economics line up, we will add to ner of America today that fuels the My State is a mile-intensive State. the 90 million barrels already sent gasoline-powered cars. People travel long distances. Transpor- overseas. Had we thought about that? Well, I tation is critically important. Large, Let us remember that the amount of had not thought about it to that ex- safe automobiles that consume a cer- oil in ANWR is too small to signifi- tent, that it would take decades to tain amount of energy are necessary cantly improve our current energy build that kind of infrastructure so and important. Important to my State, which is now problems, and, further, the oil explo- that driving a hydrogen fuel cell car becoming a manufacturing State and a ration in ANWR will not actually start would be as convenient as the gas-pow- processing State, are the products we producing oil for as many as 10 years. ered car we drive today. Certainly, Exploring and drilling for oil and gas produce which have to get to places whether it be Seattle, WA, or Boise, ID, in ANWR is not forward thinking. It is like Chicago, to the Detroit, the New I am not confident we would want to a 19th century solution to a 21st cen- York, and the Minneapolis-St. Paul be- drive to one spot, one location only, to tury problem. cause we feed a world economy. If we For all of these reasons, I oppose en- fuel our hydrogen car. I am sure we cannot get the product we produce to ergy exploration in the Arctic National would want it at least as nearly con- that economy at a reasonably priced Wildlife Refuge, and I continue to have venient as fueling our gas-powered car way, then either we go out of produc- strong concerns about the energy bill of the day. That was one issue. tion or it gets produced closer to that The other issue is a very real prob- as it is currently written. marketplace. I yield back my time. lem in the minds of American drivers The point I am making and the point The PRESIDING OFFICER (Mr. DAY- today as to the acceptability of hydro- that has been made by many today is TON). The Senator from Idaho. gen cars. It is a little thing called we are an energy-dependent economy; Mr. CRAIG. Mr. President, many of ‘‘boom,’’ a fear that it might blow up. we are an energy-dependent society. us who have come to this Chamber over It is a false fear. The hydrogen fuel cell We use a great deal of it. We are the last 24 hours to speak on this most car would not blow up because it is a wealthy because of it. We are free be- important issue have approached it very safe form of energy. But the re- cause of it. We have great flexibility as from a variety of points of view, all of ality and the public perception is a country because of it. We are power- them with some degree of logic that there. A decade of information, hun- ful because of it. And we can help other points out a frustration, if not a legiti- dreds of millions of dollars invested in freedom-loving people around the mate concern, about the energy supply experiments and public relations and world because of our capacity to not of our country. education and experience is all going only use energy but produce energy. A few moments ago, the Senator to be part of that equation. Yet today we have heard many com- from Michigan was speaking about What happened the day I drove that ing to the floor opining the fact that ANWR, that it was only a moment in $6 million prototype hydrogen-fueled production was somehow bad in the time that would pass quickly and that cell car at Dearborn, MI, taught me name of the environment, in the name we ought to be much more interested something. It taught me we do not in- of the critter, in the name of the pretty in other sources of energy. stantly do new things around here; we little plant, in the name of life after, in While she was speaking, I was think- don’t instantly have a new hydrogen- the name of generational concerns, in ing of a trip I recently made to her fueled cell car. Its day will come, and I the name of something. Someone has State, to Dearborn, MI, to the labora- do believe it might. It clearly is envi- found a reason not to produce addi- tories of Ford Motor Company, and ronmentally clean, and it would be im- tional energy for this country. Yet there, for a period of time, I had the portant for our economy. their very presence on the floor, the opportunity to visit with their engi- Yes, the economy will create hun- very wealth that has created this coun- neers and scientists and look at what dreds of thousands of jobs and invest try was, in part, a direct result of the clearly is some of the latest technology billions of dollars to get us into new abundance of reasonably priced, reli- that the laboratories of Ford Motor forms of transportation. However, they able energy. Company are employing toward future predicted at Ford Motor Company that When I listen to some of my col- transportation. we were literally decades away, if not leagues, a fundamental thought goes One of those is a much touted, much double decades, from a hydrogen-fueled through my mind. Don’t they get it? talked about hydrogen fuel cell. Some- cell car. Don’t they understand the jobs that day in the future, many of our cars I say to the Senator from Michigan are created in their State are based on might well be fueled by that fuel cell, whose economy depends on the employ- a certain economic equation and that if generating the electricity that would ment of the auto industry to make her you adjust that equation arbitrarily or drive the electric motors in the hubs of State go, what do you do in the mean- you deny its right to be in place, you the wheels of that car. time, if you don’t have the fuel to drive run the risk of destroying that job and I drove that car. I had the privilege the engines of the cars that the work- dramatically changing the economy of to take it out on the track at Dearborn ers in Dearborn, MI, produce today? the country? Don’t they get it? April 17, 2002 CONGRESSIONAL RECORD — SENATE S2803 What happens if we get $3-a-gallon that. I don’t agree with that anymore. We don’t need to let you do that any- gas in this country? What happens to The policy ought to create the incen- more. Most importantly, we are not the cost of doing business in this coun- tives and the opportunities to drive all going to pay for it. try? What happens to the thousands forms of energy. Conservation ought to Our policy today, or the absence of and thousands of people who no longer be a part, and it is now a part of this striving toward the form of relative en- have a job because of that in this coun- legislation. New technologies clearly ergy independence is, in fact, allowing try? Don’t they get it? Or is praying at ought to be a part, and we ought to that policy. Shame on us. Bad policy. the altar of a creature, a plant, a con- provide the kind of tax incentives that But, somehow, over the years, in this cept, an idea so much more important create the investment that brings the state of ambivalence toward produc- that somehow we stand back and deny capital that drives new technologies. tion, toward self-sufficiency, we have the right of this country to produce the We have put several billion dollars into wandered off toward Saddam Hussein. energy it needs reasonably, presently, new technologies in the last several On any given day it can be anywhere and in an environmentally sound way? years: in photovoltaics and wind and from 55 to 60 percent dependency. Don’t they get it? Yeah, they get it. the hydrogen fuel cell car that I talked ‘‘My goodness, Alaska is just a drop We all get it. My wife told me last about that I have had the opportunity in the bucket.’’ Some say it will drop night: Don’t you get emotional over to drive, all of that is moving forward. our dependency on foreign sources 14 this issue; you really shouldn’t; keep All of it is out there in somebody’s fu- percent for the next 20 years. I’ll bet your cool. I am trying to, but it is very ture. But probably not in my lifetime, Colin Powell, in the last week, wished frustrating for me to suggest to my at least not all of it, and certainly not he had 14-percent greater capacity to grandchildren that because of a public some of it. But we ought to be doing all bring off a peace settlement or a cease- policy they are going to be denied cer- of that. We ought to be utilizing our fire between Palestine and Israel. That tain rights, certain freedoms, certain coal with new clean coal technology. It would have been a phenomenally larger flexibilities within their lifetime that I drives 60 percent of electrical genera- advantage. had within my lifetime because my tion today. ‘‘Oh, it is only 14 percent.’’ Since forefathers recognized the importance My hydro dams in Idaho and in the when did that not count? I think it of producing, recognized the impor- Columbia and Snake River systems counts. You cannot be cavalier about tance of abundance, and recognized the ought not be threatened. They ought to this issue. importance of wealth generation for be retrofitted and managed in a way Now let’s talk environment. I do not this country. that they are fish friendly, but they make little of the environment. I live That is the bottom line of the debate ought to be allowed to produce in a beautiful State. We have very we are involved in tonight. It is the megawatts—10 percent of the national strict environmental standards in my fundamental debate that has gone on base. State, and we adhere to them and we for the last 4 weeks on the floor of the What about nuclear? We have in- believe in them. But we also believe in Senate about a national energy policy. cluded nuclear in this bill, and we are production. In the 1970s, when we The first opportunity I had to visit enhancing it—we are reauthorizing drilled the North Slope of Alaska under with President-elect George W. Bush, Price-Anderson—another 20 percent of the most strict environmental condi- the first opportunity our assistant the base. If we believe in climate tions ever imposed on an oilfield, we leader, who has just come to the Cham- change and global warming, we are did it and we did not hurt the environ- ber, had a chance to visit with Presi- probably going to want nuclear to be a ment. dent-elect George W. Bush was in greater portion of that mix in time. You have heard speeches in this TRENT LOTT’s office. The issue in Flor- So why on the floor of the Senate to- Chamber today and yesterday about ida had just been solved. The Presi- night are we picking and choosing and the abundance of the caribou herd and dent-elect was in town. He was begin- saying this but not this? Do we know all the successes there. A cousin of ning to put together his Cabinet. He better? No, we do not know better. But mine was a foreman for Peter DeWitt. came to the Hill to visit with us. I will we do know that as we have grown in- He helped build the pipeline. We were never forget that. We were all so very creasingly energy dependent on some- visiting the other night about the phe- proud and excited about his Presi- one else’s production, we have lost our nomenal technicalities involved in dency. He said: I campaigned on edu- flexibility as a country, we have lost building that pipeline, but they got it cation. I campaigned on tax cuts. I our ability to shape domestic and for- done. campaigned on the general well-being eign policy, and in the end, we will lose It was the first time; it was never and the economy of this country and a little bit of our freedom because our done before. But Congress said do it that I would lead these issues before sovereignty, our ability as a country to cleanly, do it sound environmentally, the Congress and before the American make those kinds of decisions that and they did and that pipeline is 55, 60 people. But let me tell you what is im- drive our economy and shape our atti- miles away from the field we are talk- portant now. What is important is a tude and our relationships with our ing about now. national energy policy for this country foreign neighbors is, in fact, freedom. We are not going to hurt the environ- that gets us back into the business of ‘‘Oh, it is a freedom argument to- ment. The technologies of today, slant producing energy. He said: The first night?’’ You’re darned right it is. drilling and all of those new employ- thing I am going to do is ask Vice Somebody is saying you don’t need to ments of technology within the energy President-elect DICK CHENEY to head up produce the 15 or 20 billion barrels of field, weren’t there in the 1970s, and we an energy task force. We will make oil in the ANWR, or the 7 or the 8 or did it well then. We will do it better recommendations to you in Congress, the 10—we don’t know how much is today. and we hope you will move a national there, but we know there is a lot there. It is not a matter of hurting the envi- energy policy as quickly as possible for But if we did, one example about the ronment; it is a matter of not doing the country. We all agreed it was a freedom I am talking about, or the anything. That is the debate here. Do high priority for our Nation to get flexibility in foreign policy, if we did it or do not do it. Take the environ- back in the business of producing en- produce ANWR—bring it into the pipe- mental equation out of it. ergy. line, make it available to our refin- If you do not do it, why then are they That was a priority of this President eries, allow it to go to the pump for arguing? Why would anyone take that then. It is now. It is a priority of Re- you and me to put in our gas tanks—we point of view? I suggest because there publicans in the Senate. It is a priority could turn to Saddam Hussein, who are some esoteric attitudes, if you do of many of my colleagues on the other just turned his pumps off last Tuesday, that you slow down economic growth, side of the aisle. and say: Keep them off. We don’t need you discourage this, and the world In establishing national energy prior- your oil anymore. We don’t need to buy changes. It is kind of a cave and a can- ities, I have changed over the years. I 720,000 barrels a day from you for $4.2 dle syndrome: Find everybody a cave to used to think that maybe this was the billion a year so you can use that live in and have candlelight for their right way to go and this wasn’t and money to pay Palestinian families to reading. You will not have to have all you could do this but you couldn’t do allow their kids to be human bombs. these other goodies that we call the S2804 CONGRESSIONAL RECORD — SENATE April 17, 2002 marketplace, and somehow the world is My colleague from Oklahoma is in matically. In addition, unemployment going to be a better place. the Chamber ready to speak. It is an went up as factories stalled and subse- I think not. I think we ought to talk important issue. I hope all of us will quently shut down. We even had about the differences and the tradeoffs. take seriously the vote that we will be schools closed. We had people who We ought to talk about the jobs. casting, I believe tomorrow, on cloture weren’t able to get heat. We experi- My colleagues from Alaska and those on this most important issue. In my enced this in 1973 when we were im- who have analyzed this matter would opinion, it is a generational issue that porting 26 percent and in 1979 when we suggest anywhere from 250,000 to 700,000 comes before the Senate at this time. were importing 44 percent. At that par- jobs could be created. Since when did I yield the floor. ticular time, the OPEC countries didn’t jobs become a dirty environmental The PRESIDING OFFICER. The as- like our policy—sometimes our policy idea? I think it is a clean idea. I think sistant Republican leader. concerning Israel—so they wanted to it puts food on the tables of a lot of Mr. NICKLES. Mr. President, I wish teach us a lesson. They curtailed oil folks. It allows them to buy houses and to thank my colleague, Senator CRAIG shipments to the United States. cars and a college education for their from Idaho, for his speech. I also com- Today we find ourselves vulnerable kids. That sounds like a clean idea to pliment Senator MURKOWSKI for his to the hardships we experienced in the me, and somehow someone is sug- leadership in trying to put together a past. We are currently importing 60 gesting that is a bad idea. good energy bill, as well as Senator percent. That number continues to The point here is simple. It ought not STEVENS. Both have made extensive rise. It makes us very vulnerable. be that frustrating. None of us should speeches on the need for exploration in Without energy security, we don’t have struggle that mightily about it. It is Alaska. I happen to respect both indi- national security. producing energy for this economy, viduals very much. It is incumbent upon us to do some- doing it in a wise and responsible way, I happen to have accepted one of thing. President Bush, to his credit, doing it in an environmentally sound their invitations to visit the area. And and Vice President CHENEY’s, to his way, and, oh yes, doing it where it is. I believe all Senators received this in- credit, formulated a national energy You have to go to the oil to get the oil. vitation as well. I encourage my col- policy—the first administration to do We know there is oil under the leagues to do so. so in decades. The House, to their cred- ANWR in Alaska. The work has al- I think there is a long tradition in it, last June passed a bipartisan energy ready been done. The EIS is already in the Senate where we have given home bill. My compliments to them. place. The seismograph estimates a State Senators great latitude in mak- Many of us in the Senate wanted to substantial volume. It is the natural ing decisions that impact their States pass a bipartisan energy bill. I have and responsible next step in the devel- primarily. I am kind of bothered by the been on the Energy Committee for 22 opment of the oil reserves of the State number of people who are coming out years. Every major energy piece of leg- of Alaska and for this country. against drilling in ANWR without ever We are going to choose to buy from islation we passed has been bipar- being there, without ever visiting the outside the country, if we do not de- tisan—every single one. people, and without knowing the real velop. We will continue to buy even if We passed a bill deregulating natural impact. we do develop, but we will buy less. We gas prices. It took years, but we did it. Alaska happens to be one of the will be a little more independent. We In the Finance Committee, we passed prettiest States in the Nation. It is one will create a lot of jobs. We will put $70 a bill to eliminate the windfall profits of the largest. I have been to several billion in the U.S. Treasury, and hun- tax. We passed a bill to repeal the Fuel points in Alaska, including the dreds of billions of dollars will remain Use Act. We passed a bill to eliminate Prudhoe Bay area and the ANWR area. in the U.S. economy. To me, that just the Synthetic Fuels Corporation. Alaska contains beautiful scenic areas. Many of those mistakes that were makes a heck of a lot of good sense. I hope the amendments to this en- However, the ANWR area, and particu- made during the Carter administration ergy bill dealing with ANWR that are larly the coastal region, is not one of were enacted by the Democratic Con- on the floor are agreed to. I hope we the prettier areas of Alaska. On the gress which needed to be repealed. And can vote for them. I hope at least no- whole, although, it is a beautiful State. we repealed them in a bipartisan fash- body will hide behind a procedural ef- When I heard people say we can’t ion. fort. It ought to be up or down, yes or mess up this pristine wilderness, I was We started marking up the energy no, are you for it or are you against it? thinking that maybe they did not visit bill. All of a sudden, the majority lead- If you are against it and you can jus- the area. Again, many States have gor- er tells the chairman of the Energy tify it—and, obviously, those who geous scenic views, and Alaska prob- Committee not to have a markup. So speak against it can—then so be it. ably more than any other State. But the bill we have before us, in my opin- That is the way we shape public policy this particular area can be drilled. It ion, is in desperate need of improve- in the Senate: honestly, fairly, and can be explored in an environmentally ment. It is 590 pages. It was never hopefully aboveboard for all the Amer- safe and sound manner without dis- marked up in committee. ican citizens of our great country to turbing the environment and without I have been on the committee for 22 see. disturbing wildlife. years. I was never able to offer an I believe we ought to explore ANWR. I compliment the home State Sen- amendment on this bill. I believe we ought to develop it. I think ators. I wish people would listen to Some people say: Why have you been this country needs it. I think we are them. I think too many people have on this energy bill for so long? We have better for it. We will be a stronger na- been listening to special interest to rewrite the bill on the floor. Why tion, we will be more independent, we groups that are trying to raise money are you spending so much time on will have greater flexibility, we will on this issue without giving attention ANWR? Guess what. If we had marked create more jobs, we will get greater to some of the serious national and the bill up in committee, we would opportunities for our kids and our State problems. have ANWR in there. We had the votes. grandkids, and our environment will We have real national problems. We I suspect the reason the majority lead- remain clean and sound and the Porcu- are importing 60 percent of our oil er told Senator BINGAMAN not to mark pine caribou herd will flourish and the today. We are spending about $100 bil- up the bill is because he is adamantly world will go on. lion a year overseas. We are shipping opposed to exploration in ANWR. He But it will be different if we cannot that money overseas to buy imported may well have victory on the floor to- do that. We will be less free, more de- oil. That 60-percent figure means that morrow. We will find out. I hope he is pendent, with less flexibility. The job we are very dependent on other coun- proud. of Colin Powell and his colleagues will tries for our livelihood. We have evi- What about the hundreds of thou- be even more difficult because we have dence of this in the past when we had sands of jobs that wouldn’t be created less independence to engage our friends curtailments. We had a curtailment in because we will not have exploration? and our enemies in trying to create a 1973 of 26 percent. There was an Arab What about the billions of dollars that safer world. That is part of the issue. oil embargo. This caused long lines at we are shipping overseas to little coun- That is part of the debate. the gas stations as oil prices rose dra- tries, such as Iraq, that really aren’t April 17, 2002 CONGRESSIONAL RECORD — SENATE S2805 our best friends? Because he is con- payments will go to workers and em- to the oil pipeline that is already tinuing that policy—he is continuing ployees of American companies? How there—100 times the environmental the dependency, in some cases, on very many times do we have that oppor- damage. unstable and unreliable sources of oil. tunity? I heard somebody say, what about Our national energy is tied to our en- The majority leader may be success- the caribou, or what about the wildlife ergy security, and we are taking steps ful in stopping it, but it makes us more in the area? I remember flying up there to secure ourselves. We could reverse dependent. It makes us more vulner- and looking around and looking at the our actions significantly by allowing able to countries such as Iraq and wildlife. Alaska is a gorgeous State exploration in ANWR. But the major- other countries that might be upset that has a lot of wildlife. In that par- ity leader may be successful in keeping with our Middle East policies. ticular Coastal Plain area, when I was it off. I disagree with that very strongly. I there, I did not see hardly any wildlife. My guess is, if we had done the bill as disagree very strongly with countless I could see more wildlife in my State of we have done every single bill for the Senators. I would love to know how Oklahoma or the State of Louisiana in last 20-some years in committee, that many Senators have never been up any square mile than what I saw at the it would have been in the bill, and it there and are making decisions that time I happened to visit there. I did not would have stayed in the bill. I think say: I know better than Senator MUR- visit there when the caribou were mi- the majority leader knows that. Maybe KOWSKI; I know better than Senator grating in. his tactic will be successful, but he has STEVENS. I care about the caribou. I saw a lot totally disrupted the precedents and I know that both Senator STEVENS of caribou at Prudhoe Bay. I remember the standard of using committee proce- and Senator MURKOWSKI have been when Prudhoe Bay was originally built, dures to mark up bills. there several times. there was about 3,000 caribou. Today, We have committees and a process in I happen to have been there, I think, there are 20-some thousand. The car- which they follow. Why disenfranchise once. I learned a great deal. I have been ibou herds have multiplied dramati- 20-some Senators from marking up a to Kaktovik, and I talked to the vil- cally. I think there are up to 27,000 car- bill? This offends me. This bill has 590 lagers. They are all in favor of it. They ibou in the Prudhoe Bay area, about 9 pages. The first bill we considered had are more concerned about their envi- times what there was 25 years ago. So 539 pages. ronment than anyone else. They live the caribou have been protected fairly Again, no Senator got to mark up ei- there 365 days a year. Yet we are going well. They have multiplied signifi- ther bill. This was put together by the to deny them an economic livelihood? I cantly and have proven not only to sur- majority leader. This was put together think that is a serious mistake. vive but to survive quite well with the TransAlaska Pipeline. I am sure they by Senator BINGAMAN. No other Sen- I have heard countless people say: We ators I know of got to mark it up be- can’t do this because of the environ- could survive with this small little junction from the ANWR area to the cause there wasn’t a markup held. mental impact. We are talking about Where is the committee report? The 2,000 acres—2,000 acres—out of a land Prudhoe Bay pipeline. So people who are raising these fa- standard procedure in taking up a bill mass that is 19.6 million acres. And cades, ‘‘Well, we can’t disturb the wild- is that we will have a committee report 2,000 acres may be about the size of an life,’’ ‘‘We can’t disturb the natural en- and allow individual Senators to make average airport, compared to 19 million vironment,’’ what are you doing sup- comments supporting or opposing the acres, about the size of South Carolina. porting the gas pipeline that is 3,000 bill’s provisions. That is a very small percentage, very miles through virgin territory versus a However, since we seem to have little negative impact, if you consider pipeline that might be 100 miles con- skipped this process, we have to dig the impact to be negative in the first necting ANWR to the TransAlaska through the bill and find out what is in place. We have hundreds or thousands Pipeline? That does not make sense. it. This legislative language and not of wells in my State of Oklahoma, as That is absurd. I am just shocked by the easiest language to read. There is Texas and Louisiana do also. We have some of the false arguments that are no common English explanation for it, not seen considerable negative im- being raised. as we have in almost every major bill. pacts. I do want to create jobs. I do want to I am very offended by the process. It A pipeline, is that so bad? You ought make us less dependent on foreign was done I think primarily to avoid to look at a interstate pipeline map sources. I do not want Saddam Hussein, having a vote on ANWR, or making it and see how many pipeline miles are who is now talking about having an oil impossible for us to put ANWR in. We across the State of Louisiana, Texas, embargo against the United States for will have to put ANWR in. It will take Oklahoma, Kansas. You don’t know 30 days because he doesn’t like our 60 votes. If we had ANWR in a com- they are there, but they are there. And policies in the Middle East—I don’t mittee bill, it would only take 50 votes. people act like that would just dese- want him to hold any type of economic The majority leader is able to use the crate this beautiful area. I just ques- leverage over the United States. Right rules and maybe bypass the entire com- tion that. now we are importing about a million mittee structure so he can have a vic- As a matter of fact, I look at the barrels per day from Iraq, from Saddam tory. Congratulations. Tell that to the ANWR Coastal Plain, and it would take Hussein. hundreds of thousands of people who just a small connection to be able to Guess what. The production we ex- don’t get a job because we are not tie into the TransAlaska Oil Pipeline. pect to receive from ANWR is about a going to explore ANWR. Hundreds of This small connection would be about million barrels a day, except that it is thousands of jobs? 100 miles long. estimated to last 20, 30, 40 years. Wait a minute. How many things can I look at the gas pipeline, and I heard The Prudhoe Bay production that we we do here? Senator MURKOWSKI has the Senator from Michigan say, oh, she have had for the last 25 years grew to said many times that this will create is all in favor of the gas pipeline. That a couple million barrels a day. Now it thousands and thousands of jobs. One is all new pipeline, and that is about has declined to about a million barrels estimation is that it might create 3,000 miles. The pipeline we are talking per day. So we have excess capacity of 250,000 jobs, while others offer higher about is maybe 100 miles, connecting a million barrels, and ANWR could help estimates. from ANWR to the oil pipeline that is complement that. Then we would have How many times can we pass a bill already built. The oil pipeline is about 2 million barrels per day coming down that will say if we do this we are going 800 miles. the TransAlaska Pipeline. That is over to be able to reduce our dependency on Now we are talking about a 3,000-mile 25 percent of our domestic production. foreign sources, and, instead of spend- pipeline, almost all of it new, going Our country—our Nation—needs that ing $100 billion overseas, billions of through a lot of virgin territory that for national security. So to deny this, those dollars can stay in the United has never had roads, never had a pipe- I believe, is a national security issue. States—that will stay with U.S. com- line on it. This is the gas pipeline that So we should give deference to our panies, that will be American made, a lot of people are saying would do 100 home State colleagues of Alaska. We that will be American owned—and times the environmental damage of should listen to their advice, and we where the dividends, royalties, and what we are talking about, connecting should allow exploration in ANWR. S2806 CONGRESSIONAL RECORD — SENATE April 17, 2002 I urge my colleagues to consider and that oil would not be available for Mr. MURKOWSKI. Mr. President, I doing what is right for America, what 10 years. This means that drilling in suggest the absence of a quorum. is right for our country, what is right ANWR would not provide any imme- The PRESIDING OFFICER. The for our national security, and, frankly, diate energy relief for American fami- clerk will call the roll. what is right for Alaska. lies. The assistant legislative clerk pro- This project is supported overwhelm- Further, the claim that drilling in ceeded to call the roll. ingly by Alaskans because they believe ANWR would create thousands of jobs Mr. STEVENS. Mr. President, I ask they need it, both economically and for is excessive. The job estimates used to unanimous consent the order for the the national security implications as support drilling in the Arctic refuge quorum call be rescinded. well. were developed by the American Petro- The PRESIDING OFFICER. Without So I urge my colleagues, tomorrow, leum Institute, API, in 1990 and are in- objection, it is so ordered. to support Senator MURKOWSKI and supportable. According to the Congres- Mr. STEVENS. Mr. President, I got Senator STEVENS and allow exploration sional Research Service and other re- an e-mail from my oldest son, who told in the ANWR area. cent independent studies, the API used me he was surprised by the comments Mr. President, one final comment I exaggerated estimates and question- of the Senator from Minnesota con- will make, and that is, there is an able economic analysis. cerning this issue being a political amendment pending—I guess we may More than 95 percent of Alaska’s issue and politics as usual. I am not have a vote on it—dealing with money North Slope is open to oil and natural surprised. But I did tell him I think the going to help the steel industry cope gas exploration or development today. Senate has changed. with some of the difficulties they have. In 1999, the Clinton administration Before I go to my other remarks, I Some people call them legacy costs, opened nearly 4 million acres of the would like to relate to the Senate what but it is picking up health costs for re- National Petroleum Reserve-Alaska to happened to me as a young Senator, a tirees. oil and gas drilling and signed a bill young appointed Senator. I came here I think that is a serious mistake. I do lifting the ban on the export of Alaska in 1968, and by the springtime of 1969, not know why the Federal Treasury or North Slope oil, a move strongly sup- Senator Gordon Allott of Colorado, the taxpayers should have to take gen- ported by industry. This action opened who was a friend from the days when I eral revenue money, or money coming 425 tracts on 3.9 million acres, an area was in Washington at the Interior De- from this pipeline to pay pension costs more than twice the size of ANWR. As partment. When I left I was Solicitor, or health care costs for one particular a result of improved technologies and and I was very close to Gordon Allott. industry. If you are going to do it for renewed interest in the North Slope, He was a personal friend as well as the this industry, then what about the tex- the lease sale returned more than $104 person I worked with in the Eisen- tiles, what about auto workers, what million in bonus bids, 50 percent of hower administration. about railroad workers? which will go to the Federal Govern- He said he thought it would be good You have a lot of industries that ment, and 50 percent to the State of if I would meet with some of the older have a lot of retirees who are strug- Alaska. The oil industry should explore Senators and talk about life in the gling with paying their pensions and/or and develop the National Petroleum Senate. So I said I would, and a day or health care plans. They made those Reserve-Alaska before there is any con- two later, Senator Allott said they contracts. Is the Federal Government sideration of opening ANWR. were going to gather up in Senator responsible to come in and assume all As population and the economy grow, Eastland’s office. At that time it was the costs of those contracts? If so, we so does the demand for energy. We do on the third floor. I think it was room have real serious problems. If we are need to keep the United States at the 306, just above what has been one of the going to do it for one, how can we not forefront of innovative energy produc- leader’s offices on the second floor. do it for another? I think it would be a tion. The efficient use of energy has to As I walked in, I found that I was fac- serious mistake and set a serious be our primary goal and we need to cre- ing eight of the senior Senators. I precedent that I hope we don’t follow. ate incentives to conserve. There are hadn’t been around long. I had been fa- So I urge my colleagues to vote no on many ways to do this. Midwestern miliar with Senate activity. But it was the steel legacy amendment, as it has farmlands are ideal for growing high- a very interesting meeting: Senator been called. yield ‘‘energy crops,’’ including soy- Eastland of Mississippi, Senator Allott However, I urge my colleagues, with beans grown in Michigan, to help power of Colorado, Senator Cotton of New every fiber in my being, to support ex- our economy. Corn grown in the Mid- Hampshire, Senator Paul Fannin of Ar- ploration in ANWR, the Murkowski west can be used to produce ethanol, a izona, Senator Hruska of Nebraska. I amendment. Let’s listen to the Sen- cleaner burning fuel for vehicles. While believe the others were Senator Long ators from the State of Alaska. They there are barriers that must be over- of Louisiana, Senator Randolph of know this issue inside and out, far bet- come to bring these alternative sources West Virginia, and Senator Talmadge ter than anybody else. They have been of power on line, we should support re- of Georgia. there countless times. Let’s follow newable energy programs by offering Those were different days. They were their advice and open up ANWR for ex- incentives to those who use them. days when there was a different feeling ploration. Further, a new generation of auto- in the Senate. These were eight senior Mr. President, I yield the floor. motive technology is under develop- Senators, four from each side. Obvi- Mr. LEVIN. Mr. President, we are ment that offers great promise in our ously, they enjoyed one another’s com- now debating energy policy in the Sen- quest to achieve greater fuel efficiency. pany. Those were the days when, late ate that will affect the lives of genera- Technologies such as hybrid vehicles, in the afternoon, there were a few re- tions to come, so we must make sure which use an internal combustion en- freshments on the table in Senator that our approach is comprehensive gine in combination with a battery and Eastland’s office. He said to me: Why and balanced. We cannot allow poor en- electric motor, and fuel cells, which don’t you help yourself, son. I did, and ergy policy proposals to be used as a are devices using hydrogen and oxygen I sat down. And Senator Allott said to smokescreen for an unwillingness to to create electricity and heat, should me they just thought they ought to focus on the harder long-term issues. help to dramatically improve fuel talk to me a little bit about how it was Drilling in the Alaskan National Wild- economy and protect our environment. easy to get along in the Senate if one life Refuge is one such bad policy pro- Drilling in our pristine wilderness understood the Senate. posal. will not alter our dependence on for- For instance, the conversation went It is impossible for the United States eign oil, it will only alter our protected to the point of the fact that we were a to ‘‘drill’’ its way out of oil depend- wilderness. We have a responsibility to new State, a young State that had only ency. The United States has 3 percent promote a balanced energy plan that been in the Union for 10 years. They of the world’s oil reserves but con- invests in America’s future and pro- wanted to make sure I understood the sumes 25 percent of the world’s oil. The tects our environment, not one that Senate. Senator Allott told them I had Arctic refuge contains less than 6 damages a unique and irreplaceable been around during the Eisenhower months of economically-recoverable oil wilderness. days. I had been with the liaison to the April 17, 2002 CONGRESSIONAL RECORD — SENATE S2807 Senate. They said they wanted me to the south slope of the Arctic range. areas understand their State? I under- understand relationships in the Senate. They are Canadian Indians, at least stand mine. My State is bankrupt be- We talked about senatorial courtesy part of a Canadian tribe of Indians cause the last administration closed and what it means to have a right to be called the Gwich’ins. They have land in down our mines, our timber operations, consulted concerning appointments to Alaska. They opted not to participate oil and gas activity, and our cruise your State. We talked about just the in the great land settlement of the ships. They have closed us down and idea of the aisle as a separation be- Alaska Native lands settlement. They want us to be a national park. tween individual Senators; this is a opted out. They took their land and did I am trying to represent my people, place where, if you are going to be not want to rely in any way on the but I just hope these people here don’t here, you ought to know who you are Federal Government. come in and accuse me of having tak- working with, and they welcomed a As a matter of fact, right after they ing action to take advantage of the newcomer, an appointed Senator, to took their land, rather than partici- hopes and pains of people. visit with them on how they felt about pate in the land claims settlement, the Senate. they put their land up for oil and gas I hope I am here then. I hope I am It was one of the most interesting leasing. No one wanted to lease it. here then. We will have a discussion conversations of my life. The point got They put their land up for coal leasing. then. One said that drilling can’t help around to a new State and the preroga- They do have a lot of coal. And no one because they thought that the legacy tives of a new State. One of the things wanted to lease it. fund could not be solved by the moneys they told me was very simple: If you As a matter of fact, we hardly ever that would come from drilling in and your colleague agree on an issue heard from the Gwich’ins about this ANWR. I never said they would be that affects your State, for instance, issue until they were hired by one of solved. I never said they would be land in your State, you let us know be- the environmental organizations, and solved. I said we could provide a plug in cause we believe you know more about they have become the spokesmen for that fund to keep them going until we your State than we do, and we are the environmental organizations as a got production from the Arctic Plain, going to rely on you; we are going to representative of the Alaska Native and then we could go up to a total of rely on you to make the judgments on people. But they are Canadian Indians $18 billion in 30 years to make that Federal actions that affect your State, who live in Alaska. fund sound. and only your State. The Alaska Native people, the Alaska Now, it is one thing to not agree with I thought about that last night. I Federation of Natives, and particularly a Senator who is trying to put two have listened to people here over the the great Eskimo community on the things together. By the way, let me re- years talk about the rights of their Alaska North Slope, support drilling in mind the Senate that the great civil States and what has happened to their the 1002 area of the Alaska Coastal rights legislation of this country was States and what might happen to their Plain. They live in the area. The introduced by Everett Dirksen of Illi- States. Gwich’ins do not. The people who own nois as a rider to another bill. It was a I don’t think any State has lived land within this area at Kaktovik, the rider to another bill. It was the mili- through what we have lived through in Eskimo people, violently support this. tary structure and school bill. He the first years of our statehood. We They want it to happen. They have added the civil rights legislation. have been denuded of jobs—I will talk been denied the right by Federal order about the people who have done it—by to drill on their own land, and our bill From some people on the other side, a group that takes advantage of the di- removes that impediment. you would think the Democratic Party vision of the country in order to I have tried my best to explain why started civil rights in this country. The achieve objectives they could not we went into the concept of looking at person who introduced the major bill achieve but for the divisions that exist the steel legacy program. One Senator was Everett Dirksen of Illinois, work- in the Senate today. It is truly a split said he thought my effort was not real, ing with Lyndon Johnson when he was Senate. Relationships between the ma- not authentic, and I sought to take ad- majority leader. Johnson called up the jority and minority are strained more vantage of the hopes and pains of his bill so that Everett Dirksen could offer than I have ever seen them. people. If I had been here, I would have that amendment. It was in February We have a situation where the two of taken a point of personal privilege. 1960. us, since 1981, have sought the fulfill- That is an accusation of immoral con- In terms of other debates, when we ment of a commitment made to us in duct on the part of a Senator—were it were talking about the Foreign Mili- 1980, and it is apparent now that it will true. It is not true. tary Sales Act of 1970, John Sherman be denied—not permanently; we still Who made that linkage? The people Cooper of Connecticut and Senator will have a chance to come back at this who don’t want to work with us. They Frank Church of Idaho offered an again. This bill will not forever forbid know my amendment would provide a amendment to limit military oper- the concept of oil and gas leasing in cashflow to the steelworkers who are ations in Cambodia. That became a the Arctic Plain of Alaska, but it will currently going to be denied their med- substantial change in that bill. It be- not happen until there is an act of Con- ical care that they thought they were came two bills, and, because they were gress to authorize it to proceed. going to get. One Senator said: It is joined together, they passed. In terms of the relationships of the only $1 billion. It is only $1 billion. In 1982, we joined the Trade Reci- Senate, I raised the question: What Well, we are getting $1.6 to $2.7 billion, procity and Dividend Withholding about other Senators? Are we to pre- we believe, in the bonus bids. And they Acts, and the proponents of both suc- sume that the concept of the Senate re- only get $1 billion. Between now and ceeded in bringing them together in lying upon the two Senators from that 2005, they only get $1 billion. They get the Senate. It is not unknown for a State, if they agree on an issue per- $8 billion over 30 years. If it is cynical, Senator to suggest that two separate taining to their State, the Senate will it is cynical because of the people who pieces of legislation ought to be joined listen to them? I don’t think so. don’t want to face up to their own re- together in order to make a coalition I think we have seen really a split in sponsibility. the Senate intentionally caused by the We need that steel. We can’t build of Senators who believe in an objec- radical environmental organizations of this gas pipeline from Alaska, 3,000 tive. the country that think they really con- miles from the North Slope to Chicago, I take umbrage to some of the com- trol the country now. I will show you; unless we have steel. We can’t have ments made by those people who don’t they probably do. They probably do steel unless the steel companies of this have the guts to come forward and rep- much more than the public believes. country survive. They are not going to resent their own people. I would rep- Senator WELLSTONE said today that survive under the current cir- resent my people here until I die. We he had meetings with the Gwich’in peo- cumstances. have done that. We have gone to the ple because of the pristine wilderness, As I said yesterday, 30 steel compa- wall. I am accused of being the pork and they live in the area. I beg to cor- nies have gone bankrupt in the year chief, or the chief porker around here. rect the Senator. The Gwich’ins live on 2000. Do the people who represent those Why? Because my State is almost dead S2808 CONGRESSIONAL RECORD — SENATE April 17, 2002 due to the actions of the last adminis- I love them. By the way, they are still of it is both money for themselves and tration in shutting down our timber in- my friends. They understand what we money to contribute to people who sup- dustry, oil and gas industry, mining in- are doing. They are the Senators from port them. We will get into that, too. dustry, and the cruise ships’ total op- the old days who understand that when This is the amount of mailings sent position to the State of Alaska in two Senators agree concerning an issue annually by these groups. These are terms of any kind of development on in their State, they ought to be lis- mailings, in the millions, for more Federal land, whether it was within or tened to by the Senate. They don’t al- fundraising, not money to notify peo- without the great withdrawals we have ways agree, but they certainly should ple of a problem: the Audubon Society, been talking about. not be attacked. 7 million; Greenpeace, 8; the Sierra When we entered into that agreement Let’s talk about the fundraising Club, 10.5; Defenders of Wildlife, 11; the in 1980, person after person—Senator groups. We have some charts. Fund- National Wildlife Federation, 12.5; Na- MURKOWSKI and I read them—including raising groups started off as philan- tional Parks and Conservation, 17; the President, said we have reached an thropic organizations that raise money World Wildlife, 19; Nature Conservancy, understanding so that the land can be to help achieve conservation objec- 35. They mail about 160 million mail- preserved that needed to be preserved, tives. They have been the subject of a ings a year. The response is 1 to 2 per- but Alaska can go forward with devel- review by the Sacramento Bee. Why do cent. opment of oil and gas and timber and I look at that? They happen to own our I wonder who owns the mailing com- mining. They said that. They acknowl- largest newspaper, the Anchorage panies. I have to look into that. Some- edged it in public that there was a Daily News. We came across some of body is making money on just the deal—a deal. these articles that I will ask to put in mailings from these people. What are A deal, to me, is not a bad word. Up the RECORD. they doing? our way, when we make a deal, we The Institute of Philanthropy sug- One hundred sixty million mailings, shake hands. We don’t have to have an gests that fundraising expenses not ex- how many trees does that take, Mr. act of Congress if you give a man your ceed 35 percent. This is the percentage President? They are stopping us from word, your promise. As Robert Service of environmental groups’ donations cutting our trees in Alaska. From said, ‘‘A promise made is a debt un- used to raise more money, not for envi- where are they getting that paper? ronmental protection. The National paid.’’ They are not recycling it all. This Congress made a promise to Alaska Parks Conservation Association uses 41 group has in mind controlling what the that this land would be opened to oil percent of the money they raise to Government does with regard to Fed- and gas. It was shown in that environ- raise more money; the Sierra Club, 42 eral lands in particular. mental impact statement that there percent; Defenders of Wildlife, 50 per- Who spends more to protect the envi- cent; Greenpeace, 56 percent; National would be no permanent harm to the ronment? This is from the ‘‘Environ- Park Trust, 74 percent. So 75 cents out fish and wildlife area. mental Benefits of Advanced Oil and Now along comes this environmental of every dollar goes to raise more Gas Exploration and Production Tech- group that has to be the most horren- money, not to help the parks. nology’’ published in the Clinton ad- Are these philanthropic, eleemosy- dous thing that I have gotten into. I ministration. This is not this adminis- nary institutions? Are they? No. They wish I had more time for this, and tration. This is the Clinton administra- are organizations that are now there to some day I will take a lot more time tion. participate in the management of It is clear that the oil and gas indus- for it. I think, because of these people, them. Let me show you, for instance, try spent $8 billion, in this 1 year, 1996. we have lost that ambiance on the the annual income of these groups. That is more than EPA’s entire budget floor. This is just income of the presidents of In the days of Senator Mansfield, we for 1996 and 333 percent more than all philanthropic organizations. They are used to have dining groups. Mansfield not the President of the United States, environmental groups put together. encouraged us to get together. As but you will see that several make The oil and gas industry spends more young Senators from both sides of the more than the President of the United to protect the environment by the aisle, we would invite people from the States. All but one makes more money Clinton administration’s findings than other side of the aisle to our homes for than any Member of Congress. They all environmental groups put together. dinner. At least three times a year we are out raising money from people. The environmental groups spent $2.4 used to have dinner with other Sen- They send them letter after letter, and billion in 1996. That is their total ators in each other’s homes. We got to they spend more money to go out and spending, and we have seen most of know one another. We took them to get more money, and they raise more this is spent to raise more money—this our States. We would travel with each money than they do for their objec- is from environmental groups—not to other. We disagreed here on the floor tives. Look at what they do with what protect the environment, but to raise and we did our job representing our is left. more money and pad their own wallets. people; but we were friends. The median household income in the It is amazing, as I look at law firms Many Senators right now are not United States in 2000 was $42,148; that around the country. They are adver- going to have many friends in the Sen- is the income of a husband and wife in tising to get contributions to protect ate after this year is over. It is because a household in the year 2000. The Si- the environment, and what they are of what is happening now—this great erra Club’s executive director makes really doing is taking contributions division, turning everything into polit- $138,000, which is conservative. All they and paying themselves to represent ical issues. We are told that on every really do now is raise money. That is a protest groups. It is an interesting con- issue the President has to have 60 pretty good income. The president of nection to the environment. I am not votes—not a majority, but every one of the Earth Justice Legal Defense Fund sure that is advancing the cause of the the President’s programs has to have 60 makes $157,000. They raise money so environment. votes in order to stop the opposition of they can sue—not in terms of doing In any event, they are really solic- the majority. anything for the conservation; they are iting money for their own salaries, That is not like the days of Mike protesters. Defenders of Wildlife, which in my day in practicing law Mansfield or Lyndon Johnson. Lyndon $201,000. The president of the Wilder- would have been thought to be uneth- Johnson cooperated with President Ei- ness Society, $204,000; that is Fred Gay- ical. It is not unethical now, I guess. senhower. Mike Mansfield cooperated lord Nelson. He has graduated to a bet- Mr. President, I ask unanimous con- with President Nixon and President ter salary. President, National Audu- sent that a series of articles from the Ford. Where is the spirit of cooperation bon Society, $239,000. World Wildlife Sacramento Bee be printed in the from the majority? Fund, $204,000. National Wildlife Fed- RECORD. They were written by a Bee I think it is high time people under- eration, $247,000. staff writer in April of last year. The stood what is going on here. It is going What is eleemosynary about that? first is called ‘‘Green Machine.’’ Tom to have a long-term impact on the Sen- Are these volunteers to save the world? Knudson’s article says: ate, as far as this Senator is concerned. These are people in it for what they Dear friend, I need your help to stop an im- I still have my friends over there, and can get out of it, and what they get out pending slaughter. Otherwise, Yellowstone April 17, 2002 CONGRESSIONAL RECORD — SENATE S2809 National Park—an American wildlife treas- trick from the business world. It dances with bumper stickers and window decals that ure—could soon become a bloody killing digits, finds opportunity in obfuscation. often accompany them cannot be recycled field. And the victims will be hundreds of Using an accounting loophole, it classifies into paper—and are carted off to landfills in- wolves and defenseless wolf pups.’’ millions of dollars spent on direct mail and stead. So begins a fund-raising letter from telemarketing not as fund raising but as ‘‘For an environmental organization, it’s one of America’s fastest-growing envi- public education and environmental activ- so wrong,’’ said McPeake, who is developing ronmental groups—Defenders of Wild- ism. alternatives to junk mail at Greenpeace. ‘‘It’s not exactly environmentally correct.’’ life. Take away that loophole and Defenders’ 19 percent fund-raising and management tab The stuff is hard to ignore. The article goes on: leaps above 50 percent, meaning more than Environmental solicitations—swept along In 1999, donations jumped 28 percent to a half of every dollar donated to save wolf pups in colorful envelopes emblazoned with bears, record $17.5 million. The group’s net assets helped nourish the organization instead. whales and other charismatic creatures— . . . grew to $14.5 million, another record. That was high enough to earn Defenders a jump out at you like salmon leaping from a And according to its 1999 annual report, De- ‘‘D’’ rating from the American Institute of stream. Open that mail and more unsolicited sur- fenders spent donors’ money wisely, keeping Philanthropy, an independent, nonprofit prises grab your attention. The Center for fund-raising and management costs to . . . 19 watchdog that scrutinizes nearly 400 chari- Marine Conservation lures new members percent of expenses. table groups. Pick up copies of IRS returns for major en- with a dolphin coloring book and a flier for But there is another side to Defend- a ‘‘free’’ dolphin umbrella. The National vironmental organizations and you’ll see ers’ dramatic growth. Wildlife Federation takes a more seasonal that what is happening at Defenders of Wild- approach: a ‘‘Free Spring Card Collection & Pick up copies of its federal tax re- life is not unusual. Eighteen of America’s 20 Wildflower Seed Mix!’’ delivered in February, turns and you’ll find that its five high- most prosperous environmental organiza- and 10 square feet of wrapping paper with est-paid partners are not firms that tions, and many smaller ones as well, raise ‘‘matching gift tags’’ delivered just before specialize in wildlife conservation. money the same way: by soliciting donations Christmas. They are national direct mail and tele- from millions of Americans. The Sierra Club reaches out at holiday But in turning to mass-market fund-rais- marketing companies—the same ones time, too, with a bundle of Christmas cards ing techniques for financial sustenance, en- that raise money through the mail and that you can’t actually mail to friends and vironmental groups have crossed a kind of over the telephone for nonprofit family, because inside they are marred by conservation divide. sales graffiti: ‘‘To order, simply call toll-free groups, from Mothers Against Drunk No allies of industry, they have become in- . . .’’ Defenders of Wildlife tugs at your heart Driving to the U.S. Olympic Com- dustries themselves, dependent on a style of with ‘‘wolf adoption papers.’’ American Riv- mittee. salesmanship that fills mailboxes across ers dangles something shiny in front of your You’ll also find that in calculating its America with a never-ending stream of envi- checkbook: a ‘‘free deluxe 35 mm camera’’ fund-raising expenses, Defenders borrow a ronmentally unfriendly junk mail, reduces trick from the business world. It dances with for a modest $12 tax-deductible donation. the complex world of nature to simplistic The letters that come with the mailers are digits, finds opportunity in obfuscation. slogans, emotional appeals and counterfeit seldom dull. Steeped in outrage, they tell of Using an accounting loophole, it classifies crises, and employs arcane accounting rules a planet in perpetual environmental shock, a millions of dollars spent on direct mail and to camouflage fund raising as conservation. world victimized by profit-hungry corpora- telemarketing activities not as fund-raising Just as industries run afoul of regulations, tions. And they do so not with precise sci- but as public education and environmental so are environmental groups stumbling over entific prose but with boastful and often in- activism. standards. Their problem is not government accurate sentences that scream and shout: Sounds like another Enron to me. standards, because fund raising by nonprofits From New York-based Rainforest Alliance: Again, I ask unanimous consent this is largely protected by the free speech clause ‘‘By this time tomorrow, nearly 100 species series of articles be printed in the of the First Amendment. Their challenge is of wildlife will tumble into extinction.’’ meeting the generally accepted voluntary RECORD. Fact: No one knows how rapidly species standards of independent charity watchdogs. are going extinct. The Alliance’s figure is an There being on objection, the mate- And there, many fall short. extreme estimate that counts tropical bee- rial was ordered to be printed in the Six national environmental groups spend tles and other insects—including ones not RECORD, as follows: so much on fund raising and overhead they yet known to science—in its definition of [From the Sacramento Bee, Apr. 23, 2001] don’t have enough left to meet the minimum wildlife. benchmark for environmental spending—60 From the Wilderness Society: ‘‘We will MISSION ADRIFT IN A FRENZY OF FUND percent of annual expenses—recommended RAISING fight to stop reckless clear-cutting on na- by charity watchdog organizations. Eleven of tional forests in California and the Pacific (By Tom Knudson) the nation’s 20 largest include fund-raising Northwest that threatens to destroy the last ‘‘Dear Friend, I need your help to stop an bills in their tally of money spent protecting of America’s unprotected ancient forests in impending slaughter. Otherwise, Yellowstone the environment, but don’t make that clear as little as 20 years.’’ National Park could soon become a bloody to members. Fact: National forest logging has dropped killing field. And the victims will be hun- The flow of environmental fund-raising is dramatically in recent years. In California, dreds of wolves and defenseless wolf pups!’’ remarkable. Last year, more than 160 million clear-cutting on national forests dipped to So begins a fund-raising letter from one of pitches swirled through the U.S. Postal Serv- 1,395 acres in 1998, down 89 percent from 1990. America’s fastest-growing environmental ice, according to figures provided by major From Defenders of Wildlife: ‘‘Won’t you groups—Defenders of Wildlife. organizations. That’s enough envelopes, sta- please adopt a furry little pup like ‘Hope’? Using the popular North American gray tionery, decals, bumper stickers, calendars Hope is a cuddly brown wolf . . . Hope was wolf as the hub of an ambitious campaign, and personal address labels to circle the triumphantly born in Yellowstone.’’ Defenders has assembled a financial track Earth more than two times. Facts: ‘‘There was never any pup named record that would impress Wall Street. Often, just one or two people in 100 re- Hope,’’ says John Varley, chief of research at In 1999, donations jumped 28 percent to a spond. Yellowstone National Park. ‘‘We don’t name record $17.5 million. The group’s net assets, a The proliferation of environmental appeals wolves. We number them.’’ Since wolves measure of financial stability, grew to $14.5 is beginning to boomerang with the public, were reintroduced into Yellowstone in 1995, million, another record. And according to its as well. ‘‘The market is over-saturated. their numbers have increased from 14 to 1999 annual report, Defenders spent donors’ There is mail fatigue,’’ said Ellen McPeake, about 160; the program has been so successful money wisely, keeping fund-raising and director of finance and development at that Yellowstone officials now favor remov- management costs to a lean 19 percent of ex- Greenpeace, known worldwide for its defense ing the animals from the federal endangered penses. of marine mammals. ‘‘Some people are so species list. But there is another side to Defenders’ dra- angry they send back the business reply en- Longtime conservationist Peter Brussard matic growth. velope with the direct mail piece in it.’’ has seen enough. Pick up copies of its federal tax returns Even a single fund-raising drive generates ‘‘I’ve stopped contributing to virtually all and you’ll find that its five highest-paid massive waste. In 1999, The Wilderness Soci- major environmental groups,’’ said Brussard, business partners are not firms that spe- ety mailed 6.2 million membership solicita- former Society for Conservation Biology cialize in wildlife conservation. They are na- tions—an average of 16,986 pieces of mail a president and a University of Nevada, Reno, tional direct mail and telemarketing compa- day. At just under 0.9 ounce each, the weight professor. nies—the same ones that raise money for the year came to about 348,000 pounds. ‘‘My frustration is the mailbox,’’ he said. through the mail and over the telephone for Most of the fund-raising letters and enve- ‘‘Virtually every day you come home, there nonprofit groups. from Mothers Against lopes are made from recycled paper. but once are six more things from environmental Drunk Driving to the U.S. Olympic Com- delivered, millions are simply thrown away, groups saying that if you don’t send them mittee. environmental groups acknowledge. Even fifty bucks, the gray whales will disappear or You’ll also find that in calculating its when the solicitations make it to a recycling the wolf reintroductions in Yellowstone will fund-raising expenses, Defenders borrows a bin, there’s a glitch: Personal address labels, fail . . . You just get supersaturated. S2810 CONGRESSIONAL RECORD — SENATE April 17, 2002 ‘‘To me, as a professional biologist, it’s not scientists at Northeastern University in Bos- Clinton Winant, a professor at Scripps In- conspicuous what most of these organiza- ton, in his paper: ‘‘The Color of Money: Envi- stitution of Oceanography who helped pre- tions are doing for conservation. I know that ronmental Groups and the Pathologies of pare an environmental assessment of the some do good, but most leave you with the Fund Raising.’’ project, said the statement is false. ‘‘There is impression that the only thing they are in- ‘‘Dropout rates are high because most not a single iota of scientific evidence that terested in is raising money for the sake of members are but passive check writers, with suggest pumping would have any effect on raising money.’’ the low cost of participating and translating gray whales or their babies,’’ he said. Step off the elevator at Defenders of into an equally low sense of commitment,’’ The mailer also says: Wildlife’s office in Washington, D.C., and you Bosso states. ‘‘Holding on to such members ‘‘A mile-long concrete pier will cut di- enter a world of wolves: large photographs of almost requires that groups maintain a con- rectly across the path of migrating whales— wolves on the walls, a wolf logo on glass con- stant sense of crisis. It does not take a cynic potentially impeding their progress.’’ ference room doors, and inside the office of to suggest . . . that direct mailers shop for Scripps professor Paul Dayton, one of the Charles Orasin, senior vice president for op- the next eco-crisis to keep the money com- nation’s most prominent marine ecologist, erations, a wolf logo cup and a toy wolf pup. ing in.’’ said that statement is wrong, too. Ask Orasin about the secret of Defenders’ That is precisely how Gillenkirk, the copy- ‘‘I’ve dedicated my career to understanding success, and he points to a message promi- writer, said the system works. As environ- nature, which is becoming more threatened,’’ nently displayed behind his desk: ‘‘It’s the mental direct mail took hold in the 1980s, he said. ‘‘And I’ve been confronted with the Wolf, Stupid.’’ ‘‘We discovered you could create programs dreadful dishonesty of the Rush Limbaugh Since Defenders began using the North by creating them in the mail,’’ he said. crowd. It really hurts to have my side—the American timber wolf as the focal point of ‘‘Somebody would put up $25,000 or $30,000, environmental side—become just as dis- its fund-raising efforts in the mid-1990s, the and you would see whether sea otters would honest.’’ organization has not stopped growing. Every sell. You would see whether rain forests Former Mexican President Ernesto Zedillo year has produced record revenue, more would sell. You would try marshlands, wet- halted the project last year. But as he did, he members—and more emotional, heart- lands, all kinds of stuff. And if you got a re- also criticized environmental groups. ‘‘With wrenching letters. sponse that would allow you to continue—a false arguments and distorted information, ‘‘Dear Friend of Wildlife: It probably took 1 or 2 percent response—you could create a they have damaged the legitimate cause of them twelve hours to die. No one found the new program.’’ genuine ecologists.’’ Zedillo said at a Mexico wolves in the remote, rugged lands of Today, the trial-and-error process con- City news conference. Idaho—until it was too late. For hours, they tinues. A senior Defense Council attorney in Los writhed in agony. They suffered convulsions, The Sierra Club, which scrambles to re- Angeles, Joel Reynolds, said his organization seizures and hallucinations. And then—they place about 150,000 nonrenewing members a does not distort the truth. ‘‘We’re effective because people believe in succumbed to cardiac and respiratory fail- year out of 600,000, produces new fund-raising us,’’ Reynolds said. ‘‘We’re not about to sac- ure.’’ packages more frequently than General Mo- rifice the credibility we’ve gained through ‘‘People feel very strongly about these ani- tors produces new car models. direct mail which is intentionally inac- mals,’’ said Orasin, architect of Defenders’ ‘‘We are constantly turning around and curate.’’ growth. ‘‘In fact, our supporters view them trying new themes,’’ said Hamilton. ‘‘We Reynodls said NRDC’s position on the slat as they would their children. A huge percent- say, ‘OK, well, people like cuddly little ani- plant was influenced by a 1995 memo by age own pets, and they transfer that emo- mals, they like sequoias.’ We try different Bruce Mate, a world-renowned whale spe- tional concern about their own animals to premiums, where people can get the back- cialist. Mate said, though, that his memo wild animals. pack versus the tote bag versus the calendar. was a first draft, not grounded in scientific ‘‘We’re very pleased,’’ he said. ‘‘We think We tried to raise money around the Cali- fact. fornia desert—and found direct mail deserts we have one of the most successful programs ‘‘This is a bit of an embarrassment,’’ he don’t work.’’ going right now in the country.’’ said. ‘‘This was really one of the first bits of Defenders, though, is only the most recent And though many are critical of such a cri- information about the project. It was not environmental groups to find fund-raising sis-of-the-month approach, Hamilton de- meant for public consumption. I was just fortune in the mail. Greenpeace did it two fended it—sort of. kind of throwing stuff out there. It’s out-of- decades ago with a harp seal campaign now ‘‘I’m somewhat offended by it myself, both date, terribly out-of-date.’’ intellectually and from an environmental regarded as an environmental fundraising There is plenty of chest-thumping pride in standpoint,’’ he said. ‘‘And yet . . . it is what classic. direct mail, too—some of it false pride. Con- works. It is what builds the Sierra Club. Un- The solicitation featured a photo of a baby sider this from a National Wildlife Federa- fortunately the fate of the Earth depends on seal with a white furry face and dark eyes tion letter: ‘‘We are constantly working in whether people open that envelope and send accompanied by a slogan: ‘‘Kiss This Baby every part of the country to save those spe- in that check.’’ Good-bye.’’ Inside, the fund-raising letter in- cies and special places that are in all of our The vast majority of people don’t. Internal cluded a photo of Norwegian sealers clubbing minds.’’ baby seals to death. Sierra Club documents show that as few as Yet in many places, the federation is sel- People opened their hearts—and their one out of every 100 membership solicita- dom, if every, seen. checkbooks. tions results in a new member. The average ‘‘In 15-plus years in conservation, in North- ‘‘You have very little time to grab people’s contribution is $18. ern California, Nevada, Idaho, Oregon and attention, said Jeffrey Gillenkirk, a veteran ‘‘The problem is there is a part of the giv- Washington, I have never met a (federation) free-lance direct mail copywriter in San ing public—about a third we think—who as a person,’’ said David Nolte, who recently re- Francisco who has written for several na- matter of personal choice gives to a new or- signed as a grass-roots organizer with the tional environmental groups, including ganization every year,’’ said Sierra Club Ex- Theodore Roosevelt Conservation Alliance— Greenpeace. ‘‘It’s like television: You front- ecutive Director Carl Pope. ‘‘We don’t do a coalition of hunters and fishermen. load things into your first three paragraphs, this because we want to. We do it because ‘‘This is not about conservation,’’ he said. the things that you’re going to hook people the public behaves this way.’’ ‘‘It’s marketing.’’ with. You can call it dramatic. You can call Fund-raising consultants ‘‘have us all Overstating achievements is chronic, ac- it hyperbolic. But it works.’’ hooked, and none of us can kick the habit,’’ cording to Alfred Runte, an environmental The Sierra Club put another advertising said Dave Foreman, a former Sierra Club historian and a board member of the Na- gimmick to work in the early 1980s. It found board member. ‘‘Any group that gives up the tional Parks Conservation Association from a high-profile enemy: U.S. Secretary of the direct mail treadmill is going to lose. I’m 1993 to 1997. Interior James Watt, whose pro-development concerned about how it’s done. It’s a little ‘‘Environmental groups all do this,’’ he agenda for public lands enraged many. shabby.’’ said. ‘‘They take credit for things that are ‘‘When you direct-mailed into that envi- Another problem is more basic: accuracy. generated by many, many people. What is a ronment, it was like highway robbery,’’ said Much of what environmental groups say in community ccomplishment becomes an indi- Bruce Hamilton, the club’s conservation di- fund-raising letters is exaggerated. And vidual accomplishment—for the purposes of rector. ‘‘You couldn’t process the member- sometimes it is wrong. raising money.’’ ship fast enough. We basically added 100,000 Consider a recent mailer from the Natural As a board member, Runte finds something members.’’ Resources Defense Council, which calls itself else distasteful about fund raising: its cost. But environmental fund raising has its ‘‘America’s hardest-hitting environmental ‘‘Oftentimes, we said very cynically that downsides. group.’’ The letter, decrying a proposed solar for every dollar you put into fund raising, It tends to be addictive. The reason is sim- salt evaporation plant at a remote Baja Cali- you only got back a dollar,’’ he recalled. ple: Many people who join environmental fornia lagoon where gray whales give birth, ‘‘Unless you hit a big donor, the bureaucracy groups through the mail lose interest and makes this statement: was spending as much to generate money as don’t renew—and must be replaced, year ‘‘Giant diesel engines will pump six thou- it was getting back. after year. sand gallons of water out of the lagoon Some groups are far more efficient than ‘‘Constant membership recruitment is es- EVERY SECOND, risking changes to the pre- others. The Nature Conservancy, for exam- sential just to stay even, never mind get big- cious salinity that is so vital to newborn ple, spends just 10 percent of donor contribu- ger,’’ wrote Christopher Bosso, a political whales.’’ tions on fund raising, while the Sierra Club April 17, 2002 CONGRESSIONAL RECORD — SENATE S2811 spends 42 percent, according to the American thropy ‘‘is a peripheral group and we don’t forfeit ONE MILLION DOLLARS to someone Institute of Philanthropy. agree with their standards,’’ he said. ‘‘We else.’’ Pope, the Sierra Club director, said it’s not don’t think they understand how a nonprofit Paul Pritchard, the Trust’s president, said a fair comparison. The reason? Donations to can operate, much less grow.’’ the group’s financial reporting meets non- the Conservancy and most other environ- Even the more mainstream National Char- profit standards. He defended sweepstakes mental groups are tax deductible—an impor- ities Information Bureau, which recently fund raising. tant incentive for charitable giving. Con- merged with the Better Business Bureau’s ‘‘I personally find it a way of expressing tributions to the Sierra Club are not, be- Philanthropic Advisory Service, rates De- freedom of speech,’’ Pritchard said. ‘‘I can cause it is a political organization, too. fenders’ fund raising excessive. ethically justify it. How else are you going ‘‘We’re not all charities in the same ‘‘We strongly disagree with (the National to get your message out?’’ sense,’’ Pope said. ‘‘Our average contribution Charities Information Bureau),’’ said Orasin. Mr. STEVENS. Mr. President, the ar- is much, much smalller.’’ ‘‘They take a very subjective view of what ticle goes on to say: Determining how much environmental fund raising is. We are educating the public. No allies of industry, they have become in- groups spend on fund raising is only slightly If you look at the letters that go out from dustries themselves, dependent upon a style less complex than counting votes in Florida. us, they are chock-full of factual informa- of salesmanship that fills mailboxes across The difficultly is a bookkeeping quagmire tion.’’ America with a never-ending stream of envi- called ‘‘joint cost accounting.’’ But much of what Defenders labels edu- ronmentally unfriendly junk mail, reduces At its simplest, joint cost accounting al- cation in its fund raising is not all that edu- the complex world of nature to simplistic lows nonprofit groups to splinter fund-rais- cational. Here are a few examples—provided slogans, emotional appeals and counterfeit ing expenditures into categories that sound to The Bee by Defenders from its recent crises, and employs arcane accounting rules more pleasant to a donor’s ear—public edu- ‘‘Tragedy in Yellowstone’’ membership solic- to camouflage fundraising as conservation. cation and environmental action—shaving itation letter: millions off what they report as fund raising. Unless you and I help today, all of the wolf It goes on to say: Some groups use joint cost accounting. families in Yellowstone and central Idaho Six national environmental groups spent Others don’t. Some groups put it to work lib- will likely be captured and killed. so much on fund-raising and overhead they erally, others cautiously. Those who do It’s up to you and me to stand up to the don’t have enough left to meet the minimum apply it don’t explain it. What one group la- wealthy American Farm Bureau . . . benchmark for environmental spending—60 bels education, another calls fund raising. For the sake of the wolves . . . please take percent of annual expenses—recommended ‘‘You use the term joint allocation and one minute right now to sign and return the by charity watchdog organizations. Eleven of most people’s eyes glaze over,’’ said enclosed petition. the nation’s 20 largest include fund-raising Greenpeace’s McPeake. The most sophisti- The American Farm Bureau’s reckless bills in their tally of money spent protecting cated donor in the world ‘‘would not be able statements are nothing but pure bunk. the environment, but don’t make that clear to penetrate this,’’ she said. ‘‘That is basically pure fund raising,’’ said to members. Joint cost accounting need not be boring, Richard Larkin, a certified public account- The direct mail costs that we have however. ant with the Lang Group in Bethesda, Md., Look closely and you’ll find sweepstakes who helped draft the standards for joint cost seen can go up to 74 percent of the solicitations, personal return address labels, accounting. ‘‘That group is playing a little total money received and is being re- free tote bag offers and other fund-raising loose with the rules.’’ ported to members as money spent to novelties cross-dressing as conservation. You Defenders also shifts the cost of printing protect the environment. Are these the also find that those who monitor such activ- and mailing millions of personalized return people the Senate ought to believe? ity are uneasy with it. address labels into a special ‘‘environmental They are the ones the people on the David Ormsteadt, an assistant attorney activation’’ budget category. other side have been quoting all day. general in Connecticut, states in Advancing Larkin takes a dim view. Philanthropy, a journal of the National Soci- ‘‘I’ve heard people try to make the case That is why we are raising it. They ety of Fundraising Executives: ‘‘Instead of that by putting out these labels you are have been quoting them as the sources reporting fees and expenses as fund-raising somehow educating the public about the im- for the information they present to the costs, which could . . . . discourage dona- portance of the environment,’’ he said. ‘‘I Senate—all these things are going bad tions, charities may report these costs as would consider it virtually abusive.’’ in Alaska, all these tragedies that have having provided a public benefit. The more Not all environmental groups use joint happened to Alaska. What they do not mailings made—and the more expense in- cost accounting. At the Nature Conservancy, mention is the human tragedy that has curred—the more the ‘benefit’ to society.’’ every dollar spent on direct mail and tele- happened to Alaska. The Wilderness Society, for example, de- marketing is counted as fund raising. termined in 1999 that 87 percent of the $1.5 The same is true at the Sierra Club. ‘‘We This article was printed on April 23, million it spent mailing 6.2 million member- want to be transparent with our members,’’ 2001. I hope Senators will read this and ship solicitation letters wasn’t fund raising said Pope, the club’s director. all other Sacramento Bee articles in but ‘‘public education.’’ That shaved $1.3 Groups that do use it, though, often do so this series. In fact, I think the Sac- million off its fund-raising tab. differently. ramento Bee ought to receive an award One of America’s oldest and most vener- The National Parks Conservation Associa- for them. They are enormous in terms able environmental groups, the Wilderness tion, for example, counts this line as fund of their reach. Society didn’t just grab its 87 percent figure raising: ‘‘We helped establish Everglades Na- The Sierra Club, for instance, one tional Park in the 1940s.’’ Defenders counts out of the air. It literally counted the num- time said: ber of lines in its letter and determined that this one as education: ‘‘Since 1947, Defenders 87 of every 100 were educational. of Wildlife has worked to protect wolves, By this time tomorrow, nearly 100 species When you read in the society’s letter that bears . . . and pristine habitat.’’ of wildlife will tumble into extinction. ‘‘Our staff is a tireless watchdog,’’ that is ‘‘It’s a very subjective world,’’ said They sent that to retired people and education. So is the obvious fact that na- Monique Valentine, vice president for fi- to working people who believe in pro- tional forests ‘‘contain some of the most nance and administration at the national tecting the environment. This says, as striking natural beauty on Earth.’’ Even a parks association. ‘‘It would be much better a matter of fact: legal boast—‘‘If necessary, we will sue to en- if we would all work off the same sheet of No one knows how rapidly species are force the law’’—is education. music.’’ ‘‘We’re just living within the rules. We’re At the Washington, D.C.-based National going extinct. The Alliance’s figure is an ex- not trying to pull one over on anybody,’’ said Park Trust, which focuses on expanding the treme estimate that counts tropical beetles Wilderness Society spokesman Ben Beach. park system, even a sweepstakes solicitation and other insects—including ones not yet Daniel Borochoff, president of the Amer- passes for education, helping shrink fund- known to science—in its definition of wild- ican Institute of Philanthropy, the charity raising costs to 21 percent of expenses, ac- life. watchdog, said it is acceptable to call 30 per- cording to its 1999 annual report. And the Defenders of Wildlife are cent or less of fund-raiding expenses ‘‘edu- Actual fund-raising costs range as high as raising money. cation.’’ But he deemed that the percentages 74 percent, according to the American Insti- This article says: claimed by the Wilderness Society, Defend- tute of Philanthropy, which gave the Trust We will fight to stop reckless clear-cutting ers of Wildlife and others were unacceptable. an ‘‘F’’ in its ‘‘Charity Rating Guide & of the national forests in California and the ‘‘These groups should not be allowed to get Watchdog Report.’’ Borochoff, the Institute’s Pacific Northwest that threatens to destroy away with this,’’ Borochoff said. ‘‘They are president, called the Trust’s reporting ‘‘out- the last of America’s unprotected ancient trying to make themselves look as good as rageous.’’ forests in as little as 20 years. they can without out-and-out lying. . . . ‘‘Dear Friend,’’ says one sweepstakes solic- This doesn’t help donors. It helps the organi- itation, ‘‘The $1,000,000 SUPER PRIZE win- As a matter of fact: Clear-cutting the zation.’’ ning number has already been pre-selected forests has stopped. It is down 89 per- At Defenders of Wildlife, Orasin flatly dis- by computer and will absolutely be awarded. cent from 1990, and yet they wrote that agreed. The American institute of Philan- It would be a very, very BIG MISTAKE to letter after the timber cutting stopped. S2812 CONGRESSIONAL RECORD — SENATE April 17, 2002 Again, I urge Members of the Senate The Senator from Iowa is recognized. drill in Siberia where I know there was to read these articles written by the Mr. GRASSLEY. First of all, I thank oil floating out of pipelines for long pe- Sacramento Bee. It is high time some- the Senator from Alaska for his kind- riods of time—and I do not know one started looking into them, and we ness. whether it has ever been cleaned up— will do that later. I have heard discussed in the Senate and where there would be little concern Mr. President, I have another series this area of Alaska being about 19 mil- about the environment in Siberia of articles from the Sacramento Bee. lion acres, and I have heard that there where Russia would be drilling? This time it is called ‘‘Litigation Cen- was only going to be drilling in about I would think people in America tral.’’ 2,000 acres of that 19 million acres. Two would rather have us drill under the It says the ‘‘flood of costly lawsuits thousand acres out of 19 million acres strict guidelines of the environmental raises questions about motive.’’ I refer is not very many acres. requirements of the United States than to this article of April 24, 2001. My State of Iowa is about 55,000 they would in a country that does not It says, in part: square miles, and that multiplies out have such guidelines, particularly con- Suing the government has long been a fa- to about 35 million acres. So 19 million sidering these are considered pristine vorite tactic of the environmental move- acres would be a little bit more than environmental areas, whether it is in ment—used to score key victories for clean half of my State of Iowa. I know how Alaska or whether it is anywhere in air, water and endangered species. But big the State of Iowa is. I do not want the Arctic area of the world. I think today, many court cases are yielding an un- to claim that I know how big the State certain bounty for the land and sowing doubt you would have to look at them the even among the faithful. of Alaska is, but I know how big the same way. State of Iowa is because I travel every ‘‘We’ve filed our share of lawsuits, So I have come to the conclusion, I year to all 99 counties to hold at least and I’m proud of a lot of them,’’ said want to tell the Senator from Alaska, one meeting in each county. Dan Taylor, executive director of the not just from listening to him but lis- I know how much 2,000 acres happens California chapter of the National Au- tening to other people and studying to be because that would be about 3 dubon Society. ‘‘But I do think litiga- this, that I happen to think he is right square miles in the neighborhood of my tion is overused. In many cases, it’s on this issue. I think we have an oppor- farm in Iowa. Take 3 square miles out hard to identify what the strategic tunity not only on this issue but on a of my State of Iowa and it is prac- goal is, unless it is to significantly re- lot of parts of this legislation to pave tically nothing. So I do not know what shape society.’’ the way for a balanced, long-term na- The suits are having a powerful im- the big deal is about drilling on 2,000 tional energy strategy that will in- pact on Federal agencies. They are acres in the State of Alaska or even in crease U.S. energy independence and forcing some government biologists to the State of Iowa. It would be equiva- limit the stranglehold foreign coun- spend more time on legal chores than lent to about a pinprick on a map of tries have on American consumers. A on conservation work. As a result, spe- the State of Iowa. That is the way I see comprehensive energy strategy must cies in need of critical care are being it. strike a balance among development of I say to the Senator from Alaska, to ignored. And frustration and anger are conventional energy sources and alter- me, this ends up almost as a no- on the rise. native, renewable energy and conserva- It goes on: brainer. From the facts we have heard, tion. that this will supply enough oil for my During the 1990s, the government paid out I think the President’s approach of $31.6 million in attorney fees for 434 environ- State of Iowa for 126 years—I have also incentives for production, incentives mental cases brought against Federal agen- heard it would be equivalent to the for conservation, and incentives for al- cies. The average award per case was more amount of oil we would bring in from ternative and renewable fuels is a very than $70,000 [for attorneys fees alone]. One Saudi Arabia for 30 years. I think I balanced energy program. It is a pro- long-running lawsuit in Texas involving the have heard the figure of 55 years is the gram that, No. 1, incentives for renew- endangered salamander netted lawyers for amount of oil that would come from ables take care of the short-term needs the Sierra Club and other plaintiffs more Saddam Hussein. I have also heard my of the country, and in the case of the than $3.5 million in taxpayer funds. colleagues say we send $4.5 billion a second and third points, conservation It is a growth industry, suing the year to Iraq for oil. and renewables take care of the long- Federal Government for an environ- If all of this is correct—I do not be- term energy needs of our country. mental cause, mythical or otherwise. lieve that it has been refuted. I have During the past few weeks, I have Lawyers for the industry and natural re- not heard all the debate. But it really had an opportunity to express my source users get paid for winning environ- comes down to whether or not we strong support for renewable fuel pro- mental cases. would like to get our energy from areas As a matter of fact, the environ- visions included in this bill which re- that we control in the United States, mental groups are not shy about ask- quire a small percentage of our Na- or we want to get oil from unstable ing for money. This is from this arti- tion’s fuel supply to be provided by re- governments around the world, and cle: newable fuels such as ethanol and bio- whether or not we ought to save that $4 diesel. They earn $150 to $350 an hour . . . In 1993, billion for America, spend it in Amer- As a domestic renewable source of three judges on the U.S. Circuit Court of Ap- peals in Washington were so appalled by one ica, or spend it with Saddam Hussein. energy, ethanol and biodiesel can in- Sierra Club Legal Defense Fund lawyer’s fla- I also believe when we do drill in crease fuel supplies, reduce our depend- grant overbilling that they reduced her Alaska—and the Senator from Alaska ence on foreign oil, and increase our award to zero. does not have to respond to this unless national economic security. But they The lawyer had claimed too much I am wrong, but I believe when we drill can’t do it alone, and it can’t be done money. in Alaska, there are very rigorous envi- overnight. That is why we need short- I see the Senator from Iowa is in the ronmental rules that have to be fol- term solutions and we need long-term Chamber. Does he have a timeframe lowed. solutions. problem? We hear about the pristine areas of The Senate has had an opportunity Mr. GRASSLEY. I would like to Alaska, and I do not dispute that, but to consider renewable portfolio stand- speak on ANWR for about 10 minutes if do we not also have pristine areas in ards, which I believe will go a long way I could, or a little bit less. Siberia? I assume that whether it is to promote renewable energy resources Mr. STEVENS. I do not want to keep Alaska or whether it is Siberia, there for electrical generation. However, the Senator waiting. I have a lot more is going to be more oil added to the that is only part of a solution. than that to speak. I ask unanimous world pool of oil because it is going to As ranking member of the Senate Fi- consent that I be able to yield to the be needed. nance Committee, I have had an oppor- Senator from Iowa for 10 minutes with- So would people in the United States tunity to work with Chairman BAUCUS out losing the floor. rather have us drill under the strict en- to develop an energy-related tax The PRESIDING OFFICER (Mr. JEF- vironmental rules of the United States amendment that includes provisions FORDS). Without objection, it is so or- as they would apply in Alaska or would for development of renewable sources dered. they rather have us let the Russians of energy such as wind and biomass and April 17, 2002 CONGRESSIONAL RECORD — SENATE S2813 incentives for energy-efficient appli- about it later, but I wanted the Sen- an amendment to the energy bill this week ances and homes. The tax package, ator to see this. This is an ad on one of which will break the impasse on the legacy however, unlike the underlying energy the displays in the Library of Congress. problem. Once again, we would like to extend our bill, recognizes that a balanced energy Millions of acres in Iowa and Nebraska wholehearted support to you in this endeav- plan can’t overlook the production of were put up for sale by the Burlington or. We look forward to working with you to traditional energy sources such as oil and Missouri River Railroad Company. find a viable solution to bring a sense of se- and gas. I will develop later that the West was curity to the over 600,000 retirees, surviving Developing domestic oil resources is opened, really, because President Lin- spouses, and dependents before the end of the vital to our national security. The coln offered $1 million and every odd 107th Congress. United States is dependent upon for- section of the right-of-way for the first I ask that that letter be put on every eign countries for over 58 percent of railroad to link the east and west desk. It is a bipartisan letter signed by our oil needs. We are currently depend- coasts of the United States. We don’t an equal number of Democratic Mem- ent upon Saddam Hussein, which I al- think in terms of that now. Once those bers and House Members in the House ready referred to but, more specifi- railroad companies got a hold of the of Representatives. cally, for about 750,000 barrels of oil a land, they put it up for sale. They put I go back to the comments about the day or 9 percent of our U.S. oil im- it up for sale at $2.50 an acre and let Sacramento Bee articles. On August 19, ports. people have 10 years’ credit to pay for the article by Thomas Knudson, titled Last week, as we have been reminded it. That is what stimulated the devel- ‘‘Old Allies Now Foes in Alaska’s Oil during this debate, Iraq stopped its ex- opment of the West. That is what stim- Battle’’: ports of 2.5 million barrels a day in re- ulated the expansion of the United Environmentalists come under fire sponse to developments in the Middle States. for their impassioned efforts to bar drilling in a wildlife refuge. East, further driving up crude oil What have they done in my State, It details the problems. For instance, prices. It is important that Americans one-fifth of the land mass in the United know that last year alone, we spent JIM CLYBURN of South Carolina, who States? They have blocked us at every voted for oil drilling in Alaska’s Arctic $4.5 billion of our money to pay for turn, withdrew lands with economic National Wildlife Refuge, is chairman Saddam Hussein’s oil, thereby pro- potential, blocked us from using our of the Congressional Black Caucus and viding funding to help Iraq with its war own lands that had economic potential, sided with the Bush administration. machine. closed our mines, closed our pulp mills, This article points out that in the The United States has the resources closed our timber mills, canceled the on our land that could reduce or elimi- House the pro-drilling side won 223 to permits of the wildcat well drillers for 206. The Senate is expected to take up nate the stranglehold Saddam Hussein oil and gas. We have lost the American has on our economy. By developing our the matter this fall. dream of private ownership of lands in The [environmental] rhetoric has resources in Alaska, we could produce Alaska. been an insult to us, CLYBURN told an 10 billion barrels of oil and perhaps as I thought the Senator might be inter- energy trade journal. A lot of us don’t much as 16 billion barrels of oil. This ested in that. It is a very interesting feel obliged to be purists on this issue. amount could replace the oil I have ref- exhibit at the Library of Congress. It How many times can you cry wolf erenced from Saudi Arabia or the oil includes some of the artifacts of the and have your audience still believe in from Iraq for a long period of time. So history of our great country, including you? said Mark Buckley, a commercial for the sake of our national security, the great move to make land available fisherman and member of the National we ought to be developing our own nat- to those people who developed the Audubon Society in Kodiak, Alaska, ural resources at home. transportation system. Talk about who opposes Audubon’s anti-drilling Opponents have made claims that blending. Here is the transportation stance. opening ANWR to oil development system of the United States, the first This article goes on to point out, in would do tremendous environmental railroad to go from east to west across terms of environmental groups’ advo- harm. But, again, I repeat for my col- the United States. Persons who built cacy against this, advocacy mail-in leagues, 2,000 acres out of 19 million that obtained every odd section along campaigns on roadless areas, national acres is a no-brainer. Only the best en- the right-of-way of the railroad, and forests, and genetically modified crops. vironmental technology will be used from that came the expansion to the At least eight major groups are circu- for exploration and development, leav- west. lating letters on the single topic of the ing the smallest possible footprint. People complain about my sugges- Arctic Refuge drilling. Opponents have also argued that oil tion that we join together oil develop- It is a very meaningful article about development in ANWR will hurt wild- ment in the Arctic Plain and the future the way these environmental groups life. Remember the warnings from en- of the great steel industry of the really single out those who support vironmental groups about the danger United States. drilling in the Arctic Plain. It is, one of to the caribou if we developed Prudhoe I am pleased to have received this the balanced articles that deals with Bay? They were wrong. Since the de- letter addressed to me: the question of this drilling. velopment, we have had increases in We write as members of the House with a As the Senator from Iowa said, 2,000 herd size. I ask my colleagues, what is strong interest in the steel industry to con- acres out of 1.5 million acres is not better for the environment: Developing vey our strong support of your efforts to re- very much. It is 3 square miles. resources in the United States, using solve the legacy cost burden of the domestic Here is a nice one: Yours Free When the toughest environmental standards steel industry, and especially your efforts to You Contribute $10 Or More . . . our ever imposed, or importing foreign oil assist the steel industry’s retirees and their polar bear tote bag. produced without much consideration dependents. It’s the perfect way to show you’re As you know, the domestic steel industry for the environment? working to Keep the Arctic Wild and We must do more to develop in an en- has significant unfunded pension liabilities as well as massive retiree health care respon- Free. vironmentally sensitive way the re- sibilities that total $13 billion and cost the If you complete the enclosed reply sources God has given us in steward- steel industry almost $1 billion annually. form and return it with your member- ship. I hope my colleagues will join These pension and health care liabilities ship gift of $10 or more, you get a little with me to support this approach to pose a significant barrier to steel industry tote bag. It says: Keep The Arctic Wild opening Alaska and ensuring that the consolidation and rationalization that could & Free. bill before the Senate does more to pro- improve the financial condition of the indus- It is available only to NRDC mem- tect our national security and to re- try and reduce the adverse impact of un- bers, but it is a concept of what we are duce our dependence upon foreign oil. fairly traded foreign imports. looking at. For that membership, you It has come to our attention that a unique I thank my colleague from Alaska. I opportunity has arisen in the Senate to re- can join the club. They do not tell you yield the floor. move this barrier to rationalization while as- that 75 percent of their money is not Mr. STEVENS. Mr. President, last sisting the retirees, surviving spouses, and spent for conservation. night at the Library of Congress I ran dependents of the domestic steel industry. It The next article I want to talk about across this ad. I was going to talk is our understanding that you have offered was published on November 11 of last S2814 CONGRESSIONAL RECORD — SENATE April 17, 2002 year. It talks about the people who live A handful of others, such as the Sierra It says simply: on the slope, on the North Slope. It Club and Greenpeace, are 501(c)(4)’s, which ‘‘Environmental groups are using the says: means their contributions are not tax-de- Gwich’in to advance their own agenda. ductible but they can spend what they want That’s as simple as I can put it,’’ Like detectives, the two Inupiat Eskimos on lobbying. Based on its federal tax return gathered all the information they could Tetpon said. for 2000, the Alaska Wilderness League does That is John Tetpon, the federation’s about the Alaska Wilderness League, a rel- not run afoul of spending limits on lobbying. atively new arrival to the environmental On that return, the League reported spend- director of communications. community far away in Washington, D.C. ing $81,283 to influence legislation, well I hope Senators will read some of From Bloomberg News, the St. Paul Pio- under its legally allowable limit of $130,623. these things that have been written neer Press and other sources, Tara Sweeney The essence of the Inupiats’ complaint is about these people who are bringing and Fenton Rexford read about a group that that the League spends most of its money on these stories about what is going on in was passionate, self-assured and actively lobbying but disguises it as education and working to halt oil drilling in the Arctic Na- our State. It is a very difficult prob- science. As evidence, they cite League letter- tional Wildlife Refuge with a blend of envi- lem. writing and phone campaigns targeting fed- ronmental activism—such as street theater I particularly call the attention of eral lawmakers in several states, testimony and letters to the editor—and lobbying poli- the Senate to the article on April 24 of before Congress and League-sponsored ‘‘jun- ticians. last year because it points out that kets’’ for members of congress to the Arctic But when they examined the league’s fed- refuge. litigation central, these lawsuits, are eral tax return, they discovered a group that not only costing the defendants a lot of portrayed itself in a different manner: as a Another one of these articles on De- money, they are costing the Federal tax-exempt charity focusing on science and cember 9 said: Government a lot of money and they education. Log onto the Web sites of the National are taking a lot of people who should ‘‘The Alaska Wilderness league sponsored Wildlife Federation, the Wilderness Society two educational trips to the Arctic refuge be working on the environment into and other environmental groups and you courtroom after courtroom after court- ...’’ its tax form says. ‘‘The Alaska Wilder- learn that the struggle to save the Arctic ness League supported the ‘Last Great Wil- National Wildlife Refuge in Alaska from oil room to defend against these lawsuits derness’ slide show, seen by thousands of drilling is about more than protecting the that are brought. For what? In order to people to educate them’’ about the refuge. environment. get the attorney’s fees paid by the win- Rexford, a leader of the Eskimo village of ‘‘It is also a human rights issue since the ning side in the environmental litiga- Kaktovik—the only permanent human set- indigenous Gwich’in Indians rely on this im- tion. In some instances, they do not tlement on the refuge—was astonished. portant area for their subsistence way of have to win. ‘‘What they do and what they tell the IRS life,’’ say the Wilderness Society’s Web site: These environmental groups are cur- they do are two different things,’’ said www.wilderness.org. rently raising $9.5 million a day, $3.5 Rexford, who favors oil drilling. Last month, But this fall, Petroleum News Alaska—a he made his views known to the IRS itself, billion a year, and you can see where it trade journal—reported a story that environ- is going by our charts. It is not going filing a complaint in which he and other vil- mental groups have not publicized: Over the lage leaders allege the League is violating border in Canada, the Gwich’in Tribal coun- to improve the conservation, it is going tax law by ‘‘devoting substantially all of its cil joined forces with an oil firm to tap into to pay salaries—it is going to pay very resources’’ to lobbying. energy resources on their lands. large salaries—and it is going to make In filing the complaint, Rexford did more mailings to raise more money. than challenge the Alaska Wilderness This very same tribe that is paraded around as being the spokesman for I commend the entire series of Sac- League. He also struck at a vital support ramento Bee articles to Senators for system for environmental groups: their Alaska Native people, they drilled on further reading from April 22, 2001 501(c)(3) tax status. [We are going to go after their lands in Canada for oil and gas. through April 5, 2001. Further inves- that too, Mr. President.] That status saves They formed a partnership. tigative articles were printed on No- nonprofits millions in corporate and other ‘‘It’s time for us to build an economic vember 11, 2001, December 9 and De- taxes, makes them eligible for foundation base,’’ said Fred Carmichael, president funding and allows contributors to deduct cember 18, 2001. They are excellent ar- of the tribal council in Inuvik, Canada. donations from their own income taxes. ticles and they expose what is really That is the Gwich’in tribal council. Rexford and Sweeney said they got the happening in the environmental move- Two Senators said they talked to the idea from IRS audits of the Heritage Founda- ment in America today. tion and other conservative nonprofits dur- Alaska Native people who opposed it I don’t know how to say it other than ing the Clinton administration. In June, and said they just assumed all Alaska to say I am appalled that so many peo- they watched with interest as the Frontiers Natives opposed it. It is not true at all. of Freedom Institute, a pro-business think ple in the Senate rely on them as pre- The Eskimos have an opposite point senting facts. They do not present tank, filed an IRS complaint against Rain of view, this article says. Forest Action Network, a tax-exempt group facts. They present positions and look that scales skyscrapers to protest logging. They say drilling can be carried out for arguments to support them. The League’s executive director responded in concert with the caribou. But their I think it is time that we tried to get angrily to the Inupiat attack. position is discounted by environ- back to the concept of reliance upon ‘‘The Kaktovik Inupiat Corporation either mental groups because the Inupiats the people from the State. I said that has been misinformed by its friends in the oil have extensive ties with oil companies before. If the Senate would listen to industry about the law or it has deliberately through their own tribal business: the the two Senators from Alaska con- distorted the facts in a cynical attempt to Arctic Slope Regional Corporation. intimidate America’s conservation groups,’’ cerning what is going on in Alaska, the said director Cindy Shogan. ‘‘The national debate has placed us country would be better off, and so ‘‘We have a right to represent the interest as caricatures—us, as the tools of the would Alaska. We live there. of our members . . . so long as our legisla- oil industry, and them—the Gwich’in— Most of the people who criticize us tive advocacy activities stay within specified as caretakers of the environment,’’ have never been there and won’t go IRS limits,’’ Shogan said. ‘‘We fully comply said Richard Glenn, vice president, there. Particularly, they won’t go with all IRS laws.’’ lands, for the Arctic Slope Regional there in the wintertime. But Rexford—who hunts whales, seals and Corporation. ‘‘It’s unfortunate. And it’s I told the Senate yesterday that caribou for subsistence—said it is Shogan not accurate.’’ who is misinformed. He said the Inupiat cor- when I took my great friend, the late poration ‘‘has not solicited information from I believe these articles ought to be Postmaster General, up there one time, the oil industry, nor will we. It is apparent written by those people who are visited we pulled up to the postal substation that the AWL simply cannot fathom that a by the Gwich’in. at Prudhoe Bay. The digital thermom- native-owned organization has enough intel- It says: eter showed minus 99. There was a wind ligence and talent to think independently But in Alaska, most Alaska natives chill factor. I didn’t have the courage and .. file a complaint of this nature.’’ actually support drilling. In 1955, the to tell him it wouldn’t go below 100. Most environmental groups are 501(c)(3)’s, Alaska Federation of Natives, which That was as far down as it would go. It which means they can receive tax-deductible represents 400 of the village corpora- contributions but can spend only a small was digital. The wind chill and the portion on lobbying. The spending limit var- tions and is the state’s largest native temperature had a factor greater than ies. But in many cases, it ranges from 12.5 organization, passed a resolution in minus 100 degrees. percent to 20 percent—and cannot exceed $1 favor of tapping the refuge’s energy re- How many people want to go up there million. sources. and go around up there? The old people April 17, 2002 CONGRESSIONAL RECORD — SENATE S2815 live there. The Eskimos live there imbalance of trade. We have had that paid for it. One million dollars was to year-round in that climate. We have for a long time. It harms our economy be paid to the first railroad that com- learned how to exist and how to care and currency. But we are exporting pleted a coast-to-coast railroad. Every for ourselves in our environment. I jobs as we import oil. section along the right-of-way was have not really been in that too long That is why they were there. They loaned by the Federal Government. myself, frankly. I am not that accli- were there in order to get us to under- The problem of the country today is mated to it. stand that they want to help us deal the people living in these States don’t I think the real problem is that no with the creation of jobs that would know the policies that led to their pri- one here understands that we don’t come from pursuing the oil and gas po- vate enterprise as compared to the drill in the Arctic in the summertime. tential of that area. policies that led to our serfdom under It is not a summertime operation. You They were great friends of Scoop the Federal Government. can’t get vehicles across the tundra. Jackson. They understood, as he under- We thought when we became a State We wouldn’t want to do it. It would stood, the Arctic from the point of that we had a right—and we did have a leave scars. We don’t leave scars. They view of jobs. Jackson did not oppose right—to 103.5 million acres to be se- did in times gone by, but everybody drilling in the Arctic. As a matter of lected from vacant, unappropriated and learned from the mistakes of the past. fact, he and Senator Tsongas made it unreserved Federal land. To us, that We wait until it is frozen. We take possible for us to be here today arguing meant as of the day we became a State water in, spray water, create an ice to proceed as was intended in 1980. in January of 1959. road, gravel the top of that, and put We have added to this the idea of the To the people in the Congress, in more water on top of that to make a pending second-degree amendment— 1980, it meant those lands that were compact ice road. We use it until the the amendment I offered which the left after they had reserved 104 million springtime when it starts to break up, Senator from Minnesota said is a sham acres for special purposes for these and they don’t bring things across that amendment. Raising the visibility of elite areas. You can’t get to them. As I road anymore. As a matter of fact, the needs of the steelworkers and the said before, only three of them can be most in the State don’t use gravel. coal workers is not a sham amend- reached by road. Most of them don’t They only place gravel is used is where ment. You may not agree with it, but have an airport. You fly in by float plane, or you hike in. They are rec- they have to have some traction going it is offensive to call it a sham amend- reational areas for the elite few of the up the hills. There are not many hills, ment. It is only sham because they won’t support it. If they supported it, world. by the way. But, in any event, they withdrew I want to go back again to this prob- it would be very valid, even from their them, preventing the State from get- lem of steel. I want to first take the oc- point of view. ting lands it was going to select, pre- casion to thank the great labor leaders The question is, Can we find a way to venting the Natives from getting the of this country who took time to join reverse the trend that prevents the lands they were going to select from us yesterday in a press conference building of the pipeline necessary to bring the already discovered and meas- the Alaska Native Lands settlement. across from the doors of the Senate. People ask: Why were people dis- ured gas from Prudhoe Bay to the Mid- We had Terry O’Sullivan of the La- turbed? That 1980 act took away from west? We know it is there—50 to 70 tril- borers; Mr. Sullivan of the Building the 365-million-acre pool of lands that lion cubic feet. I don’t have the exact Trades Department; Marty Malonie of were available to be selected for the figures because it was reinjected into the Pipefitters; Frank Handly of the State and Native settlements, and re- the ground. It was estimated to be 50 to Operating Engineers; Joe Hunt of the served them—directly contrary to the 70 trillion cubic feet of gas produced Iron Workers; Terry Turner of the Sea- historical policy of the United States from the oil since 1968. The gas has farers; Mike Sacco, President of the to make Federal lands available for Seafarers; Mano Frey, President of the been reinjected into the ground. We sustaining the private enterprise econ- Alaska AFL-CIO; Jerry Hood, Presi- need a 3,000-mile pipeline. omy. dent of the Alaska Teamsters and spe- We are trying to find some way to By what these people are doing now, cial assistant to President James Hoffa ask people to address the question of we are going to be a dependent colony of the National Teamsters Union. how to maintain a steel industry that of the United States. We are going to They came to speak to the members can support a pipeline of that size— be dependent upon having someone, in of their unions through the press to 1,500 miles of gathering pipelines, thou- a position such as mine, who can add to urge them to contact their Senators sands of valves, hundreds of trucks, the budget the moneys that are nec- and ask them to support the drilling in hundreds of backhoes, and hundreds of essary for survival in Alaska. the Arctic Plain. They know it means pieces of road-building equipment to The real problem about this is that, jobs. build access to these areas. It is enor- when you look at the basic law, it is I just heard the Senator from Massa- mous. It is the largest gas delivering July 1, 1862, that led to that. It led to chusetts say that at most it is only 1 plan in the world. It is projected to be that. Following that, in 1984, the Fed- percent of the world’s reserves—only 1 the largest private enterprise project eral Government issued a table of percent. These are the same people who in the history of man—totally financed grants to States. I want to put this in not 6 months ago were saying ANWR by private enterprise. But if private en- the RECORD because it shows what could only produce oil that would sus- terprise doesn’t survive in the steel in- every single State has received. There tain the United States for 6 months. dustry, we are not going to have that is no question that, as the Nation The projection they have on this is the pipeline in the timeframe that we need moved West, the policies of the United projected estimated reserve. The pro- it. If we started it in 2003, the first gas States were to enhance the develop- jected reserve in Prudhoe Bay was 1 would be coming through in about 2010 ment of the private sector, as I have billion barrels. We have already pro- or 2011. Knowing that the environ- said before. duced 13 billion barrels, and we believe mental opposition will sue, that will We end up with a situation, where as there is another 15 years there—about add 6 years to that. We are talking of 1983, 3 years after that act was a third more. We will have produced 20 about between 2015 and 2020 making passed, the Federal Government still billion barrels when the estimate was that gas available to the U.S. owned 87.9 percent of Alaska. The part reported that the world’s reserves were That is why I brought that poster that we own is subject to control 1 billion barrels. So much for reserves. here, to ask people to think ahead. Lin- through acts such as the 1980 act. So it The real issue is jobs. That is why coln, one of our greatest Presidents, really does not matter. I think that the these labor leaders were with us—jobs. thought about how to connect the east development of these lands, and the use They know we are talking about jobs. coast and the west coast of the United of Federal lands, is a question we ought When we send our money to Saddam States. He conceived the idea himself to explore sometime in the future. Hussein to buy oil from Iraq, we don’t to offer a bounty incentive to the rail- But for now I would like to put in the involve American jobs. We have to find road industry to build the railroad RECORD the table that shows the grants some way to sell something abroad to from the east coast to the west coast. to the States, from 1803 to 1984, show- bring those dollars back or we have an He got Congress to approve it, and they ing what happened in the other 49 S2816 CONGRESSIONAL RECORD — SENATE April 17, 2002 States—48 States. Hawaii had the same President, I ask unanimous consent There being no objection, the table problem. Hawaii really was not treated that the table be printed in the was ordered to be printed in the properly in terms of their lands. Mr. RECORD. RECORD, as follows: TABLE 4.—GRANTS TO STATES, 1803-FISCAL YEAR 1984 [Amounts in acres]

Purpose State Miscellaneous Common Other schools Other institu- Railroads Wagon roads Canals and improvements Swamp rec- Other purposes Total schools tions rivers (not specified) lamation

Alabama ...... 911,627 383,785 181 2,747,479 ...... 400,016 97,469 441,666 24,660 5,006,883 Alaska ...... 106,000 112,064 1,000,000 ...... 103,351,187 104,569,251 Arizona ...... 8,093,156 849,197 500,000 ...... 1,101,400 10,543,753 Arkansas ...... 933,778 196,080 ...... 2,563,721 ...... 500,000 7,686,575 56,680 11,936,834 California ...... 5,534,293 196,080 ...... 320 ...... 500,000 2,194,196 400,768 8,825,657 Colorado ...... 3,685,618 138,040 32,000 ...... 500,000 ...... 115,946 4,471,604 Connecticut ...... 180,000 ...... 180,000 Delaware ...... 90,000 ...... 90,000 Florida ...... 975,307 182,160 ...... 2,218,705 ...... 500,000 20,333,430 5,120 24,214,722 Georgia ...... 270,000 ...... 270,000 Idaho ...... 2,963,698 386,686 250,000 ...... 654,064 4,254,448 Illinois ...... 996,320 526,080 ...... 2,595,133 ...... 324,283 209,086 1,460,164 123,589 6,234,655 Indiana ...... 668,578 436,080 ...... 170,580 1,480,409 ...... 1,259,271 25,600 4,040,518 Iowa ...... 1,000,679 286,080 ...... 4,706,945 ...... 321,342 500,000 1,196,392 49,824 8,061,262 Kansas ...... 2,907,520 151,270 127 4,176,329 ...... 500,000 ...... 59,423 7,794,669 Kentucky ...... 330,000 24,607 ...... 354,607 Louisiana ...... 807,271 256,292 ...... 373,057 ...... 500,000 9,505,335 ...... 11,441,955 Maine ...... 210,000 ...... 210,000 Maryland ...... 210,000 ...... 210,000 Massachusetts ...... 360,000 ...... 360,000 Michigan ...... 1,021,867 286,080 ...... 3,134,058 221,013 1,250,236 500,000 5,680,312 49,280 12,142,846 Minnesota ...... 2,874,951 212,160 ...... 8,047,469 ...... 500,000 4,706,591 80,880 16,422,051 Mississippi ...... 824,213 348,240 ...... 1,075,345 ...... 500,000 3,348,946 1,253 6,097,997 Missouri ...... 1,221,813 376,080 ...... 1,837,968 ...... 500,000 3,432,561 48,640 7,417,062 Montana ...... 5,198,258 388,721 100,000 ...... 276,359 5,963,338 Nebraska ...... 2,730,951 136,080 32,000 ...... 500,000 ...... 59,680 3,458,711 Nevada ...... 2,061,967 136,080 12,800 ...... 500,000 ...... 14,379 2,725,226 New Hampshire ...... 150,000 ...... 150,000 New Jersey ...... 210,000 ...... 210,000 New Mexico ...... 8,711,324 1,346,546 750,000 ...... 100,000 ...... 1,886,848 12,794,718 New York ...... 990,000 ...... 990,000 North Carolina ...... 270,000 ...... 270,000 North Dakota ...... 2,495,396 336,080 250,000 ...... 82,076 3,163,552 Ohio ...... 724,266 699,120 ...... 80,774 1,204,114 ...... 26,372 24,216 2,758,862 Oklahoma ...... 1,375,000 1,050,000 670,000 ...... 3,095,760 Oregon ...... 3,399,360 136,165 ...... 2,583,890 ...... 500,000 286,108 127,324 7,032,847 Pennsylvania ...... 780,000 ...... 780,000 Rhode Island ...... 120,000 ...... 120,000 South Carolina ...... 180,000 ...... 180,000 South Dakota ...... 2,733,084 366,080 250,640 ...... 85,569 3,435,373 Tennessee ...... 300,000 ...... 300,000 Texas ...... 180,000 ...... 180,000 Utah ...... 5,844,196 556,141 500,160 ...... 601,240 7,501,737 Vermont ...... 150,000 ...... 150,000 Virginia ...... 300,000 ...... 300,000 Washington ...... 2,376,391 336,080 200,000 ...... 132,000 3,044,471 West Virginia ...... 150,000 ...... 150,000 Wisconsin ...... 982,329 332,160 ...... 3,652,322 302,931 1,022,349 500,000 3,361,283 26,430 10,179,804 Wyoming ...... 3,470,009 136,800 420,000 ...... 316,431 4,342,520 Total ...... 77,629,220 16,707,787 4,993,275 37,128,851 3,359,188 6,102,749 7,806,555 64,919,202 109,780,866 328,427,693

Mr. STEVENS. Mr. President, we are it was, again, an imposition on the pri- to have gas pumped 3,000 miles to the in a situation where one provision of vate structure of our State. market. our bill—it is in our amendment and in I think the great problem I have here That is not going to exist. The assets Senator MURKOWSKI’s underlying is what is going to happen now to the of the steel industry are going to be amendment—grants the Kaktovik vil- steel industry. I have raised the issue, burdened by the claims of the working lage the right to drill on their land. and, apparently, I may have done more people who have retired and who will They have land that is owned by their harm than good, according to some be put out of work between now and Native village. It was part of the 1971 people, at least if you listen to the 2004. And it makes no sense. It makes settlement. Their people settled their Democratic Senators; that is what no sense that there are over 600,000 who claims against the United States by ac- they are saying. I don’t know what are out of their health care. And the cepting conveyance of lands that were good they are doing for them. Democratic leadership is promising a vote on steel legacy costs with no due to them. Each village was given I challenge the Democratic Senators the township in which it was located source of money. Where is the money? to come up with a proposal to find a Where are the bucks? Where are the and further lands depending on popu- funding stream to save the rights of lation. dollars? They have a solution, but no the steelworkers and the coal workers one has mentioned from where the But for this village only, in the State and be within the budget and not sub- money is going to come. Where can of Alaska, there is a Federal law in an- ject to points of order and the possi- they find a cash stream that will come other provision of basic law that says bility of being passed. With their help, in from a new source, replacing the they cannot drill on their land, I be- this would pass. With their opposition, money we send out to Saddam Hussein? lieve it says, until the 1002 area is au- it is not going to pass. I know that. We would take that money and use a thorized to be drilled by the Federal But what happens to the steel- portion of the moneys that come to the Government. In the old days we would workers? What happens to the future of Federal Government from that activity have said that shows the forked tongue our gas pipeline if there is no steel in- in the Alaska Coastal Plain and solve of the Federal Government. dustry in the United States? You can’t the problem of the steel industry and It told them they had a settlement. even plan ahead. You can’t order the steelworkers and let them proceed It told them they got the right to their ahead. I said yesterday, you have to to reorganize the steel industry of the lands. It gave them fee title to the sur- order ahead a piece of that big 52-inch United States. face. It gave the subsurface to their re- diameter, one-inch-thick pipe, and test Two weeks ago, I am told, 82,000 re- gional organization. But they cannot it to see if this new concept of a chemi- tirees of LTV Steel lost their health use it. Why? Because of the policy with cally treated pipe will withstand the care benefits. Another 100,000 are com- regard to the 1002 area. But even there, pressures it has to withstand in order ing. Bethlehem Steel and U.S. Steel— April 17, 2002 CONGRESSIONAL RECORD — SENATE S2817 chapter 11—could go in chapter 7 bank- their benefits because of the failure of matters considerably worse. The events of ruptcy. No other steel company, other the economic system. I don’t think it 1997 and 1998 were only the latest in what the than Bethlehem Steel, could have is wrong to think about how to use new U.S. Department of Commerce has identified as thirty years of predatory unfair trading rolled the steel to repair the U.S.S. revenues that come to the Federal Gov- practices and government subsidies by many Cole after it was attacked by terrorists. ernment by virtue of legitimate Fed- of our trading partners. It is in bankruptcy facing extinction. eral action and seeking development Some today suggest that the American And I am criticized for trying to find on Federal lands, how we can use those steel industry must be restructured, as if some way to solve the problem that revenues to meet this crisis as outlined this had not already happened before. Be- might lead them further down that by Mr. Gerard. tween 1980 and 1987, the American steel in- dustry underwent a painful restructuring, road to extinction. I will not include this testimony be- eliminating 42 million tons of steelmaking I am happy to tell the Senator from cause he agrees with me. He doesn’t capacity. Over 270,000 jobs were eliminated. those States that I will vote for any agree with me, but he does point out Many workers were forced to take early re- plan they can come up with which is the plight of these people he rep- tirement based on the promise of a pension funded and within the budget and does resents. Many of them are retirees and continued health care benefits. The tax not raise taxes that will solve the prob- who—how can I say this gracefully— base in steel communities in Pennsylvania, lems of their retirees. I challenge them are approaching my age. They are at Ohio, Indiana, West Virginia, Minnesota, and to come up with that program. They elsewhere shrank as workers went from earn- the point where they are going to need ing paychecks to collecting unemployment have criticized my suggestion, a legiti- help by the Federal Government one benefits. Some local communities have never mate, bona fide attempt to meld two way or the other. recovered from the last steel crisis. basic issues that should be before this Mr. President, I ask unanimous con- Yes at the same time that our American Senate. We used to call that win-win. sent to print the testimony of Mr. Ge- steel industry has been contracting and It is lose-lose now. We lose; the steel- rard in the RECORD at the conclusion of downsizing our foreign competitors have workers, the coal workers lose, too. my remarks. been adding additional steelmaking capac- They are not voting one way or the ity. OECD data indicates that foreign steel The PRESIDING OFFICER (Mr. producers had excess raw steel production other in my State. I have coal workers, SCHUMER). Without objection, it is so capacity amounting to over 270 million met- but there is no steel in my State. I am ordered. ric tons. That is more than twice the total not involved in that. It is not a polit- (See Exhibit 1.) annual steel consumption in the United ical issue, as far as I am concerned. Mr. STEVENS. I say to you in clos- States. Recent multilateral talks in Paris on I have not told very many people, but ing—I won’t be talking on this amend- reducing global overcapacity have revealed I worked in a steel mill once. I spent 8, ment again, I don’t think—the Sen- that despite the reductions in U.S. capacity, 9 hours a day lifting pieces of rolled ators who represent coal and steel- our trading partners fully expect the U.S. steel industry to continue to downsize even steel off the belt. Others were lifting workers have made their own choice. further. The Paris talks are instructive for the other side. I had one side I was lift- The environmental movement is more they illustrate yet again that multilateral ing—81⁄2 hours a day. That was just be- important to them than the unem- negotiations are no substitute for strong en- fore I entered the military to become ployed workers and retirees who lose forcement of our own trade laws, including an Army Air Corps cadet. But I have their benefits in their States. That is Section 201 and our anti-dumping laws. had a lot of jobs. I have had union the fact. They don’t like it, but that is The testimony which you have heard today cards, and I am proud of it. the fact. from steelworkers and retirees from Mary- land, Pennsylvania, and Minnesota illus- It offends me greatly that some of I yield the floor. trates the depth of concern across the nation these people, some of these people who EXHIBIT 1 by our active members and retirees. They never did a day’s work in their life— TESTIMONY OF LEO W. GERARD, PRESIDENT have worked hard and given the best years of they never dug a ditch; they never lift- UNITED STEEL WORKERS OF AMERICA BE- their lives to this industry. Now, they are ed steel; they never lifted concrete FORE THE SENATE COMMITTEE ON HEALTH, simply asking that promises made become bags; they really never did any real EDUCATION, LABOR & PENSIONS, MARCH 14, promises kept. manual work—don’t know laborers. 2002 At the end of 1999, American steel’s retiree health care benefit obligation totaled an es- Madam Chair and distinguished members They appeal to them politically, but timated $13 billion. Health care benefits for of the Committee, thank you for your invita- they don’t know them. 600,000 retired steelworkers, surviving tion to appear before you today to discuss The laboring people want a check. spouses, and dependents annually cost do- the health care and pension crisis facing sev- They want a job. They do not want a mestic steel producers an estimated $965 mil- eral hundred thousand steelworkers across bunch of BS from the people who rep- lion or $9 per ton of steel shipped. Another the nation. 700,000 active steelworkers and their depend- resent them. They want their benefits By every measure, the American steel in- to be secured. They depend upon their ents rely upon the domestic steel industry dustry is in crisis. As of today, 32 U.S. steel for health care benefits. The average steel Government to see it is done. companies representing nearly 30 percent of company has approximately 3 retirees for I do not think they are offended at U.S. steelmaking capacity have filed for every active employee—nearly triple the me for suggesting this. I have not had bankruptcy. Twenty-one steelmaking plants ratio for most other major basic manufac- one call from any steelworker or coal are idled or shutdown representing the loss turing companies. Several steel companies worker saying: Hey, guy, what are you of 25 million tons or 19 percent of this na- have retiree health care costs that are sub- doing messing up our future? No way. tion’s steelmaking capacity. stantially higher than the industry average. Some analysts mistakenly believe that Our active members and retirees are con- The people are accusing me of being minimills (which produce steel by melting crass. And opportunists are afraid of centrated most heavily in Pennsylvania, scrap in electric are furnaces) haven’t been Ohio, Indiana, Maryland, Illinois, West Vir- their own future, these Senators who hurt by unfair trade and record low prices, it ginia, Minnesota, and Michigan, but they won’t face up to representing their peo- is noteworthy that fifteen of these 21 shut- live all across the nation. ple. I am tired of being accused of downs are minimills. In fact, shut down steel In the U.S. up to now, we have made a pub- doing something wrong by trying to capacity is almost evenly divided between lic policy choice in favor of employment- help them. integrated steelmakers and minimills. based health insurance coverage rather than This is the testimony of a Leo Gerard Steel prices have fallen to the lowest levels guaranteed national health insurance. This in twenty years. The December, 2001 com- of the U.S. Steelworkers. He opposes means that when an employer goes bankrupt posite average of steel prices published by or liquidates its operations, absent a social this amendment because of his com- Purchasing Magazine had declined by $140 safety net, workers are at risk of losing their mitments in the past, but he gives the per ton or 33 percent from the average be- health insurance and access to health care story of what happened to the health tween 1994 and 1997. The industry posted a services. Regrettably, thousands of steel- care and pension benefits of the great combined operating loss of $1.3 billion during workers from Acme, Laclede, Gulf States, steel industry. It is quite a story. He the first nine months of 2001. CSC, Northwestern Steel and Wire, and var- points out that there are subsidies in How did this happen? ious other steel companies are now facing The USWA warned our policymakers as other countries for these. We subsidize this terrible prospect. early as 1997 that the Asian economic crisis The USWA is very proud of its record in agriculture. We subsidize so many and the collapse of the Russian economy negotiating decent health care coverage for things through entitlements. would, if not dealt with correctly, lead to a both its active workers and its retirees. In We don’t face up to the problem of flood of imported steel. The delay by our own 1993, our union made history when we nego- what we do about retirees who lose government in responding to the crisis made tiated pre-funding of retiree health care in S2818 CONGRESSIONAL RECORD — SENATE April 17, 2002 the iron ore industry. Benefits provided to obligated to provide COBRA coverage when pected to grow at a rate of 7.3 percent annu- steel industry retirees are equivalent and, in they no longer maintain a health care plan ally between now and 2011. That means that some cases, more modest, than benefits pro- for employees actively at work. Steel compa- by 2011, Americans will be spending $9,216 per vided to retirees from other basic manufac- nies which have filed for Chapter 7 bank- person on health care, or about double what turing companies, such as Alcoa, Boeing, and ruptcy (i.e., liquidation) have already moved they spent in 2000. The nation’s health care General Motors. to terminate health care plans for their bill could reach $2.8 trillion, or 17 percent of These plans typically include cost contain- workers and retirees. the nation’s gross domestic product, by 2011. ment provisions, such as deductibles, co-pay- They cannot afford COBRA premiums even Clearly, this problem is not going to go ments, pre-certification requirements, co- when such coverage is available. away. ordination with Medicare, and incentives to They cannot afford commercially-available While the United Steelworkers was pleased utilize managed care. Most of our retirees health insurance coverage. that the President took a step toward reign- pay monthly premiums from 25 to 40 percent Many cannot meet insurability require- ing in steel imports by imposing variable of their retiree health care benefit, plus sev- ments (and may not have continuous cov- tariffs on steel products in the recent Sec- eral hundred dollars a year in deductibles erage under HIPAA). tion 201 case, the President pointedly chose and co-payments. Retiree premiums from Many have difficulty in finding new jobs not to address the matter of the retirement major medical coverage vary by employer that pay similar wages or benefits. and health security of steelworkers and our due to differences in demographics, regional Why is action needed for retirees age 65 retirees. He is apparently leaving this unfin- health care costs, utilization, and design of and over? ished business in Congress’ hands. the plan. The USWA estimates that the aver- Because Medicare has significant gaps in Let me state this very clearly. It is the age major medical premium during 2001 was its coverage. Medicare also has significant view of the United Steelworkers of America approximately $200 per month for a non- deductibles and co-payments. There is no that the pension and health care commit- Medicare eligible couple and $150 a month for coverage for expensive outpatient prescrip- ments made to our active workers and retir- a Medicare-eligible couple. tion drugs. Also, health care providers often ees must be honored. These issues are every American steel’s international competitors do not accept Medicare reimbursement rates bit as important to us as the recent Section do not bear a similar burden. In one form or as full payment, at which point they go after 201 determination on restraining foreign another, foreign producers’ retiree health the retiree for full payment. steel imports. care costs are offset by government sub- Medicare Supplemental Insurance Our active members as well as our retirees sidies. (‘‘Medigap’’) is available, but it is costly and look to you for action. We will work with In Japan, the government provides govern- has limited prescription drug coverage. The you and your colleagues in both the House ment-backed insurance programs. Govern- most comprehensive of the Medigap supple- and Senate continuously until this problem ment subsidies cover some administrative ments (Plan J) covers only 50 percent of pre- is solved and we will not relent in our ef- costs and contributions to Japan’s health scription drug costs and limits drug benefits forts. care programs for the elderly. to $3,000 per year. In the United Kingdom, the UK’s National The average retiree receives a monthly The PRESIDING OFFICER. The Sen- Health Service is 85 to 95 percent funded pension benefit of less than $600 to $700 per ator from Florida. from general taxation with the remainder month. Most surviving spouses receive Mr. GRAHAM. Mr. President, I am coming from employer and employee con- monthly benefits under $200 per month. not going to be debating the specific tributions. Finally, Medicare HMOs (or as they are amendment on the floor now but, rath- In Germany, health care is financed sometimes referred to ‘‘Medicare+Choice’’) er, a context in which I believe this are available only in limited areas of the na- through a combination of payroll taxes, amendment and most other aspects of local, state, and federal taxes, co-payments, tion. and out-of-pocket expenses, along with pri- Some who have looked at this problem, this energy legislation should be con- vate insurance. Insurance funds with heavy particularly with respect to access to pre- sidered. loads of retired members received govern- scription drugs, have said the Bush Adminis- There are three principles I would mental subsidies. tration’s proposed ‘‘Medicare Prescription like to discuss at this hour of the In Russia, de facto government subsidies Drug Card’’ might be a possible solution. The evening. First is, when should we, the exist. While Russian steel companies theo- proposed card would provide discounts of 10 Congress of the United States, adopt an retically pay for workers’ health care, the to 25 percent from retail drug prices. But low income drug assistance is limited energy policy? When can we legislate national and local governments allow com- dispassionately, not in response to an panies not to pay their bills—including taxes to people below 150 percent of the Federal and even wages. At the end of 1998, Russian poverty level. That’s an individual with an immediate emergency? steel companies owed an estimated $836 mil- annual income of $12,000 or a couple with a Second, an energy policy for when? It lion in taxes. According to the Commerce combined annual income of $15,000. In fact, makes a considerable difference if we Department report, the Russian govern- more than half of Medicare beneficiaries are developing a policy for the next 10 ment’s ‘‘systematic failure to force large en- would not qualify for Low-Income Drug As- years as opposed to what I think terprises to pay amounts to a massive sub- sistance. The Low-Income Drug Assistance should be the more appropriate time- sidy.’’ proposal does not describe how premiums would be set nor does it describe the level of frame, at least the next 50 years, that The U.S. is the only country in the indus- we are legislating not for ourselves but trial world in which the health care benefits out-of-pocket expenses (i.e., deductibles or of retirees are not assumed by government co-payments) to be paid by Medicare recipi- for our grandchildren. to facilitate consolidation in one form or an- ents. Also, states would be required to as- And third, an energy policy should other. It is now very clear that American sume 10 percent of the cost of the Low-In- include a recognition of other affected steelworker retirees stand to be hit twice by come Drug Assistance proposal at a time issues—economic, environment, and the collapse of the steel industry since a ma- when nearly every state is facing budget more. jority of them were forced into retirement deficits because of the recession and sharply- A persistent problem in crafting en- (350,000)—many prematurely—during the rising costs for their Medicaid programs. The Bush Administration is also consid- ergy policy is the fact that our willing- massive restructuring of the steel industry ness to act is greatest in the midst of during the late 1970s and the 1980s. First, ering tax credits as a device for helping the they lost their jobs before they were ready to uninsured. Under this proposal, a refundable a crisis, a disruption, or spikes in retire, and now they may lose their health tax credit of $1,000 to $3,000 (depending on prices. History has repeatedly shown us care and a significant portion of their pen- family size) would be made available to indi- that energy crises are the worst time sion now that they are ready to retire. Our viduals without employer-provided health to try to solve our problems. Short- own government’s inadequate enforcement insurance. The problem here is that the tax term policy initiatives that deal with of our trade laws is the principal reason that credits are too small to make health insur- things such as market upheavals are ance. The problem here is that the tax cred- steelworkers and steelworker retirees’ often counterproductive. They respond health care benefits are now at risk. its are too small to make health insurance Because our government has allowed this affordable. A ‘‘Family USA’’ study found to temporary circumstances. They unlevel and unfair trade environment to de- that a healthy 25-year-old woman pays an might be political; they might be eco- velop and consume our industry, government average of $4,734 per year for coverage under nomic. They could even be climactic. now has a responsibility to our steelworkers a standard health plan, compared to the California blackouts were the initial and retirees and to the steel industry to help $1,000 tax credit offered. impetus for the energy legislation we craft a solution to this problem. Until the steep increases in health care have today. Those blackouts are now Why is action needed? costs can be contained, the real value of any hopefully a thing of the past. Yet we Retirees under age 65 and older active em- refundable tax credit will diminish year by ployees who have been displaced by plant year. A recent report from the Centers for now are casting this issue as how to re- shutdowns are not yet covered by Medicare. Medicare and Medicaid Services, which is an spond to the threat from Saddam Hus- They cannot purchase COBRA continu- arm of the Department of Health and Human sein, that he will cut off supplies from ation coverage because companies are not Services, says that health care costs are ex- Iraq. April 17, 2002 CONGRESSIONAL RECORD — SENATE S2819 Even if there were silver bullets that that are the by-product of fossil energy their means of production. It takes the Congress could use to deal with use. even longer for equipment stock to these short-term energy disruptions, There is definitive evidence that turn over so that customers are buying Congress often moves too slowly to greenhouse gases impact our climate the more efficient product. shoot those bullets in the right direc- and our environment. Because green- What we need is steady progress. tion to hit the right target. house gases accumulate in the atmos- This is a marathon, not a 100-yard Long-term measures, such as pro- phere and remain there for decades, or sprint. We cannot rely solely on re- moting energy efficiency and launch- longer, we must commence action now search and development. Low average ing new forms of energy production, in order to avoid unrestrainable con- energy prices in the United States don’t have time to affect the market if sequences in the future. limit the economic incentives to re- these conditions are temporary. We must prepare by taking steps to search and develop fuel-saving tech- It would seem to me that the solu- ensure that strong, early action will nologies. More broadly, the entire mar- tion to this problem is both logical and avoid the need for drastic, expensive, ketplace does not fully reflect environ- obvious. The solution, however, goes and maybe unavailable steps when it is mental and long-term strategic con- against our natural inclinations. The too late. cerns. time to address energy issues is be- Third, we must develop and utilize In order to mitigate these realities, tween crises, when there is a better alternative fuels, both as a means of we have used efficiency standards for chance to do something that will actu- reducing our total fossil fuel consump- automobiles and appliances to achieve ally work. tion and the greenhouse gases which national goals. These standards have If I could refer on this special day, are an outgrowth of the use of fossil allowed us to make significant strides the 54th anniversary of the establish- fuel. Alternatives are an important in reducing energy use. During the ment of the State of Israel, to an event component of a diverse national envi- 1990s, while we made significant which occurred in that region of the ronmental portfolio. They represent a progress in some areas, such as the effi- world and is recorded in the Book of solution to our dependence on fossil ciency of refrigerators, we have moved Genesis. It is Joseph’s interpretation of fuels and environmental problems asso- backward in the area that is the larg- the Pharaoh’s dream about 7 good ciated with fossil fuels. Alternatives est consumer of fossil fuels, which is years followed by 7 lean years. are critical in a policy that does not transportation. During this period, nu- What Joseph’s interpretation teaches believe we should focus our energy merous technological advances for us is that if we are going to deal with goals on draining America first. automobiles were introduced and wide- famine, the time to do so is not when I suggest that there are some oppor- ly implemented, such as airbags, crum- the famine has commenced but, rather, tunities in an enlightened energy pol- ple zones, and all-wheel drive. But none the time to do so is during those years icy for our Nation. There are three of these advances was aimed at increas- of plenty, to set aside for the lean points contained in the energy bill ing the efficiency, increasing the gas years that will surely be ahead. upon which I believe we can all agree. mileage of the vehicle. The core of a wise energy policy is to I will point to these as the core of an Now we are on the verge of additional avoid a focus on the here and now and intelligent energy policy. technologies coming to the market, look over the 50-year horizon. The Point No. 1: We know we need to in- such as the electric hybrid vehicle focus should not be on us, the current crease storage in the Strategic Petro- which is making its debut to very generation but, rather, should be on leum Reserve in order to provide a promising reviews. Let’s assure the the well-being of our grandchildren. greater cushion against disruption in American people that some of these An astute public official once said: oil supplies. Since the price of oil fell technological advances will go to re- If we ever go into another world war, it is in the mid-1980s, we have missed many ducing the amount of money we spend quite possible that we would not have access opportunities to build petroleum re- on petroleum. In the appliances mar- to the petroleum reserves held in the Middle East. But in the meantime, the use of those serves at a time when we can do so rel- ket, we can reduce the summer peak middle eastern reserves would prevent the atively inexpensively. One reason may loads of electricity by insisting on depletion of our own domestic petroleum re- have been the false sense of security greater efficiency for air-conditioners. serves. that the end of the Persian Gulf war It will take years for new, more effi- That wise public official was Navy brought in the early 1990s. cient models to completely absorb the Secretary James Forrestal. And the During that period, we were able to market. The sooner we start, the soon- date of his wise statement was 1946. replace the lost production from Iraq er we will begin to see the results. Forrestal’s statement was remark- and Kuwait with only a minor release Point No. 3: We must increase the able in several respects. First, he was from the Strategic Petroleum Reserve. share of alternative sources of energy. looking beyond the next year to what Why did this seem to happen so effort- If we try to do this all at once, the eco- would be happening over the next half lessly? Primarily because we were for- nomic cost will be high. But if we opt century, setting a good example for the tunate to have allies, such as the for a steady progress toward greater kind of thinking to which we should re- Saudis, increase their production. The use of alternative energy sources, we pair as we ask the question: What kind Saudis have been good allies on numer- can expand our energy options and do of an energy policy for America, for ous occasions, but do we really want to so at a reasonable cost. We also must when? have an energy policy for the next 50 do this with flexibility. We are a di- Second, James Forrestal suggests years that depends upon the good will verse nation of States. Each State, that we can’t change the inevitable. We of our allies and their own uninter- each locale, has conditions that make are not going to be able to produce our rupted excess capacity? it different from others. Those dif- way out of the challenges created by One of the positive aspects of the ferences often impact on the ways in our appetite for oil. If we were to take President’s strategy for energy is his which States can participate in na- a 50-year view as Mr. Forrestal sug- announced support for filling the Stra- tional initiatives, including the efforts gested, what are the challenges we tegic Petroleum Reserve to its current to increase the use of alternative en- must overcome? capacity. This act alone will not solve ergy and thus reduce the reliance on First, there is no likely scenario that our problems, but it is a good first step fossil fuel. will alter the reality that most of the and should be implemented. A larger Point No. 4: We should strive for di- oil consumed in the United States from reserve will not eliminate our versity in our energy sources. Renew- today into the future will come from vulnerabilities, but it will reduce the ables will contribute to that diversity. foreign sources. Shares of imported oil economic impacts of disruptions and Another area that I believe has and, in have been rising steadily for years. threats from abroad. the future, will contribute to that di- Proposals such as those before us in Point No. 2: We must use the energy versity is commercial nuclear power. It the past few days might slow this we have available as efficiently as pos- wasn’t long ago that commercial nu- trend, but they will not reverse it. sible. Energy efficiency cannot be ac- clear power was providing 25 percent of Second, we will likely see the need to complished in one giant step. It takes our Nation’s electric generation. dramatically reduce greenhouse gases time for manufacturers to modernize Today, it is down to 20 percent and S2820 CONGRESSIONAL RECORD — SENATE April 17, 2002 sliding lower. At the same time, that ORDERS FOR THURSDAY, APRIL Detroit Chapter of Sisters’ Network, proportion of energy that used to be 18, 2002 Inc, and a breast cancer survivor and provided by nuclear is being provided Mr. REID. Mr. President, I ask unan- the national president and founder of by natural gas. While there are some imous consent that when the Senate the Network, Ms. Karen Jackson. compelling environmental reasons that completes its business today, it ad- These women and the members of the natural gas is an attractive energy journ until the hour of 9:45 a.m. on 37 chapters from around the country source for electric production, it con- Thursday, April 18; that following the are committed to increasing local and tributes to the depletion of an impor- prayer and the pledge, the Journal of national attention to the devastation tant American natural resource, to use proceedings be approved to date, the that breast cancer has in the African an energy source which is a direct pro- morning hour be deemed expired, the American community. These women vider of energy, to become an indirect time for the two leaders be reserved for believe that through education, advo- provider of energy by converting nat- their use later in the day, and the Sen- cacy, research, and support for each ural gas into electric generation. I ap- ate resume consideration of the energy other, they can make a marked dif- plaud the provisions of this legislation reform bill. ference in breast cancer outcomes and that will, hopefully, begin to re-ener- The PRESIDING OFFICER. Without the rate of survival among their sis- gize a safe and secure contribution to objection, it is so ordered. ters. the diversity of our electric generation I applaud this effort, I support this f capacity through nuclear. effort, and I ask my colleagues to join In the coming years, we will see ups ADDITIONAL STATEMENTS me in wishing the best of outcomes for and downs in energy prices. We have this conference and with the challenges been on a roller coaster for the past ahead.∑ several months, seeing some of the THE 4TH ANNUAL NATIONAL f highest and some of the lowest gasoline BREAST CANCER CONFERENCE prices in recent memory. We will likely FOR AFRICAN AMERICAN WOMEN THE UNITED STATES/RUSSIAN see times of turmoil. We are likely to ∑ Mr. LEVIN. Mr. President, during PLUTONIUM DISPOSITION see oil increasingly being used as a the weekend of April 19, 2002, as we AGREEMENT weapon in geopolitical disputes. We are commemorate Cancer Awareness ∑ Mr. DOMENICI. Mr. President, I rise likely to see times of calm. During Month, hundreds of women from today to bring the Senate’s attention those times, energy seems to be the around the country will gather in my to a matter of tremendous inter- least of our worries. home town, Detroit, MI, to celebrate national importance to our efforts to But we have before us now an oppor- breast cancer survivorship among Afri- prevent the terrorists’ use of weapons tunity, an opportunity to create an en- can American women. This is a very of mass destruction. ergy policy for the next generations of special group of women, in that they I wish to talk about the United Americans, the next generations of are all survivors of the most common States/Russian plutonium disposition citizens of this planet. We are given the type of cancer of women in the United agreement, a commitment between our opportunity to develop an energy pol- States. I take great pleasure in wel- two countries to each permanently dis- icy that can help us leave a cleaner, coming them to Detroit and want to pose of 34 metric tons of plutonium safer, more prosperous world, and a bring to your attention, the many ac- from nuclear weapons. Thirty-four tons world in which energy is used to serve complishments of the sponsoring orga- is enough material to make over 4,000 human purposes, not as a source of in- nizations and the goals of this con- nuclear weapons. timidation. ference. I was pleased to help develop aspects Our grandchildren will thank us. The 4th Annual National Breast Can- of that agreement during several inter- I thank the Chair. cer Conference, which is sponsored by The PRESIDING OFFICER. The Sen- actions with the Russian leadership of the Karmanos Cancer Institute, De- ator from Nevada is recognized. Minatom, both here and in Russia. I Mr. REID. Mr. President, I have spo- troit’s nationally renowned cancer was in Moscow with our President in ken to the Senator from Alaska. The treatment center and breast care cen- 1998 when the first agreement was ini- Senator from Alaska indicated he wish- ter, and Sisters’ Network, Inc. presents tialed. I believe this agreement rep- es to speak for some time tonight, and an aggressive agenda focusing on the resents one the most significant ac- I have indicated to him we have a few survivorship of African American complishments between the United matters we need to do to close the Women who have, and who will encoun- States and Russia in the last 10 years business of the Senate for today. ter the challenge of breast cancer, a in our joint efforts to keep the mate- Mr. REID. Mr. President, I ask unan- disease which has claimed far too many rial and technology of weapons of mass imous consent that at 9:45 a.m. on lives of the members of any commu- destruction out of the hands of those Thursday, April 18, following the open- nity, but within the African American that seek to do us harm. ing proceedings, the Senate resume community, 28 percent more than The agreement basically commits consideration of S. 517 and that there other ethnic groups. According to a re- the United States and Russia to turn- be debate until 11:45 a.m. with respect cent report appearing in the Journal of ing 34 tons of plutonium into fuel that to the cloture motions filed, with the the National Cancer Institute, re- can be burned in commercial nuclear time equally divided and controlled be- searchers said that studies have shown power plants. In this way, electricity is tween the two leaders or their des- that black women are more likely to be produced and the used fuel is left in a ignees; further, that the time from diagnosed with late stage breast cancer condition that makes it unusable in 11:25 a.m. to 11:45 a.m. be controlled as and to have a shorter survival time the future for nuclear bombs. Facilities follows: 11:25 a.m. to 11:35 a.m. under than white women. We should all find will be built in both the United States the control of the Republican leader, or these statistics unacceptable. During and Russia to perform this work. his designee; and from 11:35 a.m. to this conference, with the guidance of Our Government completed a 4-year 11:45 a.m. under the control of the ma- medical professionals from around the process to decide what type of facilities jority leader, or his designee; that at country, including Detroit’s own Dr. was needed for this disposition mission, 11:45 a.m., without further intervening Lisa Newman, Associate Director of and where those facilities should be action or debate, the Senate proceed to the Waltz Comprehensive Breast Cen- built. The United States considered vote on the motion to invoke cloture ter, there will be discussions on how to four sites, Washington State, Idaho, on the Stevens second-degree amend- eradicate all of those barriers women Texas, and South Carolina, and after a ment No. 3133, that the mandatory of the African American community vigorous competition in which the quorum required under rule XXII be face when assaulted by this dreaded State of South Carolina lobbied very waived; provided further that Members disease. hard to get the mission, the decision have until 10:45 a.m. to file any second- I am proud to acknowledge the work was made to site the disposition facili- degree amendments. and dedication of Cassandra Woods, my ties in South Carolina. The PRESIDING OFFICER. Without Michigan Chief of Staff, who is the Now, South Carolina is hesitating. objection, it is so ordered. president of the Greater Metropolitan The plutonium disposition agreement April 17, 2002 CONGRESSIONAL RECORD — SENATE S2821 is being imperiled by the unwillingness spears into pruning hooks.’’ They stand Many families cannot afford personal of the State of South Carolina to reach on the cusp of a grand new opportunity computers at home, yet the role of an agreement with the Department of to lead the world community in con- computers has become almost nec- Energy on taking shipment of the plu- verting nuclear weapons to electric essary to a basic educational experi- tonium identified for disposition and power while at the same time keeping ence. The children of these families building the required facilities. the material out of the hands of would would suffer without the access to It is appropriate for the Governor of be terrorists. emerging technology that libraries pro- South Carolina to insist on every as- We must go forward with this impor- vide to all patrons regardless of in- surance that his State will be treated tant agreement. Thus, I will close come. In addition, special facilities li- fairly, and will not simply become the today by urging both the Secretary of braries provide services for older Amer- permanent storage site for unwanted Energy and the Governor of South icans, people with disabilities, and hos- nuclear material if for some reason the Carolina to work together to resolve pitalized citizens. plutonium agreement should fall apart. their differences, move out together, During National Library Week, I But the Governor has done that, he and not threaten this effort by resort- wish to salute those individuals who has succeeded, he has won. He should ing to litigation.∑ are members of the library community and work so hard to ensure that our be congratulated. f The Governor has gotten the Sec- citizens and communities continue to retary of Energy to provide South NATIONAL LIBRARY WEEK enjoy the tremendous rewards avail- Carolina all of the assurances they ∑ Mr. SARBANES. Mr. President, as a able through our libraries. Library never got from the Clinton administra- strong supporter of Federal programs staff, volunteers and patrons work to tion, including full funding for the to strengthen and protect libraries, I ensure existing libraries run smoothly MOX program, a strict construction am pleased to recognize April 14—20 as and have adequate resources, as well as schedule, and a number of mechanisms, National Library Week. This is the advocate for increased funding and new including statutory language and other 44th anniversary of this national ob- libraries. I am proud that Maryland is a State measures, to ensure that the agree- servance and its longevity is evidence of readers. Recent statistics show that ment will be legally enforceable. of the great importance our Nation However, the Governor is apparently places on libraries, books, reading and Maryland citizens borrowed more pub- insisting that this matter should be education. lic library materials per person than thrown to the courts and resolved National Library Week grew out of those of almost any other State, nearly 9 per person. In addition, 67 percent of through the mechanism of a court or- 1950’s research that showed a trouble- the State’s population are registered li- dered consent decree. Putting the some trend—Americans were spending brary patrons. We are lucky to have 24 courts in charge of executive branch more money on radios and television public library systems, providing a full non-proliferation and foreign policy af- and less on buying books. The Amer- range of library services to all Mary- fairs will slow our ability to meet our ican Library Association and the land citizens and a long tradition of goals of reducing Russian nuclear ma- American Book Publishers joined open and unrestricted sharing of re- terial stockpiles, and will allow others forces and introduced the first Na- sources. The State Library Network who are opposed to the program’s goals tional Library Week in 1958 in an effort that provides interlibrary loans to the have a voice in their implementation. to encourage people to read and to use State’s public, academic, special librar- Ultimately, I fear America’s national their libraries. When the free public library came ies and school library media centers security will be undermined. has enhanced this policy. Marylanders Further delay in reaching agreement into its own in this country in the 19th have responded to this outstanding with South Carolina will undermine century, it was, from the beginning, a service by showing their continued en- the United States/Russian plutonium unique institution because of its com- thusiasm and support for our public li- mitment to the principle of a free and disposition agreement. We must move braries. I have worked closely with open exchange of ideas, much like the forward with the construction of the members of the Maryland Library As- Constitution itself. Libraries continue MOX plant that will be used to dispose sociation, colleges and universities and to be an integral part of all that our of the plutonium at issue in order to others involved in the library commu- country embodies: freedom of informa- honor our commitments to the Russian nity throughout the State, and I am tion, an educated citizenry, and an Federation. That will be very difficult, very pleased to join with them and citi- open and enlightened society. if not impossible, in the face of litiga- zens throughout the Nation in this I firmly believe libraries play an in- tion from the Governor of the State week’s celebration of ‘‘National Li- dispensable role in our communities. where the plant will be located. brary Week.’’ I look forward to con- They promote reading and quench a The Russians will not go along to re- tinuing this relationship with those thirst for knowledge among adults, duce their plutonium inventory unless who enable libraries to provide the we do. A failure in this program means adolescents, and children. More impor- unique and vital services available to more material may end up on the black tantly, they provide the access and re- all Americans.∑ market where terrorists could have ac- sources to allow citizens to obtain cess to it. timely and reliable information that is f For 50 years now the State of South so necessary in our fast-paced society. PASSAGE OF THE HEALTH CARE Carolina, like my home State of New In this age of rapid technological ad- SAFETY NET AMENDMENTS OF Mexico, has hosted some of the most vancement, libraries are called upon to 2001 (S. 1533) important facilities within our nuclear provide not only books and periodicals, ∑ Mr. KENNEDY. Mr. President, al- weapons complex. For 50 years, tens of but many other valuable resources as most 39 million Americans wake up thousands of the sons and daughters of well audio-visual materials, computer each morning, hoping that they or South Carolina proudly toiled in rel- services, Internet access terminals, fa- their families do not face illness or a ative anonymity so that the rest of the cilities for community lectures and serious accident—because they have no country, and the world, could enjoy the performances, tapes, records, video- health insurance. Many more are peace provided by our nuclear shield cassettes, and works of art for exhibit underinsured and do not have access to during the long, dark days of the Cold and loan to the public. a good health provider. They awake War. I am proud of the citizens of Libraries provide a gateway to a new hoping that they and their loved ones South Carolina and their unique serv- and exciting world for all the place will not get sick. For many, falling ill ice for our county. where a spark is often struck for dis- can mean financial ruin, or even death, Today, the children and grand- advantaged citizens who for whatever because they cannot afford the critical children of the previous generations of reason have not had exposure to the health services they need. South Carolina heroes have a tremen- vast stores of knowledge and emerging During this time when our country dous opportunity to almost literally, technology available to others. In this struggles through the worst economic as the prophet Isaiah said, ‘‘beat their information age, they play a critical downturn in a decade, we must find in- swords into plowshares and their role in bridging the digital divide. novative ways to provide access to S2822 CONGRESSIONAL RECORD — SENATE April 17, 2002 health care for our most vulnerable Americans who fall between the cracks the interests of the soldiers and civil- citizens. States are facing more than in today’s health care system. We must ians of our Army. His professionalism, $40 billion in deficits, unemployment is ensure that we continue to fund this mature judgement, sage advice and up, and the number of uninsured are program to help safety net providers interpersonal skills have earned him rising. develop innovative ways to coordinate the respect and confidence of the Mem- Today, we offer Americans hope. I am the care for the uninsured and under- bers of Congress and Congressional proud that the U.S. Senate has joined insured. We should not put this impor- staffers with whom he has worked on a together in passing the Health Care tant safety net program at risk of re- multitude of issues affecting our Army, Safety Amendments of 2001. This bill ceiving lower levels of funding. its soldiers and civilians. In almost 3 reauthorizes two critical programs I commend President Bush for mak- years on the Hill, Tim Peterson has that serve our poorest populations—the ing the health centers program and the been a true friend of the United States health centers program and the Na- National Health Service Corps a pri- Senate and the Congress. Serving as tional Health Service Corps. It also ority in his 2003 budget, and I hope the the Army’s primary point of contact creates the Healthy Communities Ac- administration will support the bipar- for all Senators, Congressional Com- cess Program, HCAP. By bringing to- tisan HCAP program. I also commend mittees and their staffs, he has assisted gether public and private providers, Senator FRIST, Senator JEFFORDS, and Congress in understanding Army poli- HCAP will help improve the coordina- the members of our committee for cies, operations, requirements and pri- tion of services for communities’ most their hard work on this bill. orities. As a result, he and his staff vulnerable populations. For more than 30 years, I have been have been extremely effective in pro- At a time when our health care sys- inspired by those who invest their lives viding prompt, coordinated and factual tem too often treats people as statis- in caring for Americans who have no replies to all inquiries and matters in- tics, this Nation’s community health place to turn for health care. I thank volving Army issues. In addition, he centers and our health professionals my colleagues today for passing the has personally provided invaluable as- working through the National Health Safety Net bill which will aid our sistance to Members and their staffs Service Corps treat them as patients health centers and doctors in deliv- while planning, coordinating and ac- who deserve the best available health ering critical health care services in companying Senate delegations trav- care. They know their communities, our poorest communities. In doing so, eling worldwide. His substantive they understand their concerns, they we not only offer the tools for ensuring knowledge of the key issues, keen leg- know their names, and they speak healthier lives, but we provide hope for islative insight and ability to effec- their languages. millions of struggling families.∑ tively advise senior Army leaders have For more than 30 years, these pro- f directly contributed to the successful grams have provided health care to representation of the Army’s interests Americans who have no where else to TRIBUTE TO COLONEL TIMOTHY A. PETERSON before Congress. go for services. In fact, it is difficult to Throughout his career, Colonel Tim imagine what health care in the United ∑ Mr. SHELBY. Mr. President, I wish Peterson has demonstrated his pro- States would be like today without to recognize and pay tribute to Colonel found commitment to our Nation, a them. Without their extraordinary Timothy A. Peterson, Chief, Senate Li- deep concern for soldiers and their achievements, millions of the most aison Division, Office of the Chief of families and a commitment to excel- vulnerable Americans would not re- Legislative Affairs, and Department of lence. Colonel Peterson is a consum- ceive the health care they need to live the Army who will retire on June 1, mate professional whose performance healthy and productive lives. Without 2002. Colonel Peterson’s career spans in over 28 years of service has personi- the health centers and the National over 28 years, during which he has dis- fied those traits of courage, com- Health Service Corps, there would be tinguished himself as a soldier, scholar, petency and integrity that our Nation higher rates of tuberculosis, infant leader and friend of the United States has come to expect from its profes- mortality, AIDS, substance abuse, and Senate. sional Army officers. many other debilitating conditions in A New York native, Colonel Peterson I ask my colleagues to join me in our low-income neighborhoods. With- graduated from the United States Mili- thanking Colonel Peterson for his hon- out these two programs, the Nation’s tary Academy in 1974 and was commis- orable service to our Army, its soldiers emergency rooms would be flooded sioned as a lieutenant in the Field Ar- and the citizens of the United States. with even more patients seeking pri- tillery Branch of the U.S. Army. Dur- We wish him and his family well and mary care. ing his career he has commanded sol- all the best in the future.∑ diers from the battery through the in- Despite their extraordinary accom- f plishments, far too often these health stallation level. At Schofield Barracks centers and providers struggle each day in Hawaii, he commanded the 7th Bat- TRIBUTE TO INTEGRITY LODGE just to keep their doors open. That is talion, 8th Field Artillery Regiment of #51 why this legislation is so important. the 25th Infantry Division and later ∑ Mr. TORRICELLI. Mr. President, I Over the years, our community served as the Installation Commander rise today to recognize the Integrity health centers have more than proven of the U.S. Army Garrison at Fort Dix, Lodge #51 Prince Hall Masons, who will their worth. And as a result, last year, NJ. As a scholar Tim Peterson has be celebrating 100 years of service to health centers received more support sought opportunities to improve him- the community of Paterson, NJ, this than ever before. We set a goal of dou- self throughout his career. In addition month. bling the Federal financial commit- to teaching mathematics to cadets at Prince Hall Masons, the founders of ment to community health centers the United States Military Academy, this organization, are the oldest Afri- over the next 5 years. We need to con- he has served as an American Political can American fraternity in the United tinue expanding these programs and Science Association Congressional Fel- States. This celebration will truly get more health professionals on the low and a Army Senior Fellow, Sec- highlight the contributions as well as ground in health centers in America’s retary of Defense Corporate Fellow- the many accomplishments that this small farming communities, urban cen- ship, as well as receiving advanced de- fine organization has made to its com- ters, and sprawling suburbs. grees from the University of Puget munity. And we must continue our commit- Sound, University of Washington, the Under the direction of Prince Hall ment to the Healthy Communities Ac- Salve Regina College and the U.S. Masons, the Integrity Lodge has en- cess Program. HCAP plays a very im- Naval War College. joyed countless success stories. The In- portant role in our health care safety Since September 1999, Tim Peterson tegrity Lodge has been recognized for net. From the physician in private has served with distinction as the Chief guiding and providing leadership to Af- practice to the community health cen- Army Senate Liaison. He has superbly rican Americans. Additionally, the In- ters to the hospitals, all will work represented the Chief of Legislative Li- tegrity Lodge has made countless char- hand-in-hand to coordinate their ef- aison, the Army Chief of Staff, and the itable contributions which in turn have forts to reach the vast number of Secretary of the Army while promoting positively affected many lives. April 17, 2002 CONGRESSIONAL RECORD — SENATE S2823 Through the efforts of this group of erosity shown by so many truly reaf- mocracy in our hemisphere. We can do people, the community of Paterson has firms one’s faith in the goodness of this by abiding by the OAS charter and been enriched. I am confident that people. In my mind, every single person by working within the OAS to main- there are many lives that this organi- who volunteered his or her time or re- tain close scrutiny of democracies at zation has changed and I am sure that sources is a hero. Today, I salute the risk. they find victories on a daily basis. It workers, the volunteers, and all those The Secretary-General of the OAS, is my firm belief that the Integrity who gave of themselves to help this Dr. Cesar Gaviria, arrived in Venezuela Lodge will continue this fine tradition community in need.∑ this week to evaluate the latest devel- of community service in the years to f opments and explore how the OAS can come, and will serve with distinction support Venezuela in its efforts to VENEZUELA as tireless advocates on behalf of strengthen democracy. As a member of Paterson, NJ. ∑ Mr. KENNEDY. Mr. President, I rise the OAS, our government should I congratulate the Integrity Lodge regarding recent events in Venezuela strongly and unequivocally support #51 for their 100 years of dedicated and my concern that the response of Secretary-General Gaviria’s mission. service.∑ the administration was inconsistent We must also support the right of the f with our foreign policy goal of pro- voters of Venezuela to decide their po- moting democracy abroad. litical future. At the same time, Presi- KLAMATH FOOD BANK On April 12, following anti-govern- dent Chavez should fully respect indi- ∑ Mr. SMITH of Oregon. Mr. President, ment protests by civil opposition sec- vidual freedoms, including freedom of I rise today to give tribute to some Or- tors, supported by parts of the mili- the press, due process, and the rule of egon heroes. Over the past year, I have tary, President Hugo Chavez was brief- law. The OAS should continue to mon- come to the Senate floor on several oc- ly forced to resign power. The civil- itor the situation in Venezuela closely, casions to describe the tragic events in military movement named business- and the U.S. Government should renew the Klamath Basin last year. Today, I man Pedro Carmona as interim presi- its commitment to democracy and wish to salute some of the heroes, who dent, and he then took steps which fur- democratic standards in the region.∑ when watching their neighbors in need, ther undermined constitutional order, responded with great compassion and dissolving the legislature and the Su- f preme Court. Instead of protesting service to their community. TRIBUTE TO TASK FORCE 2–153, In April of last year, the farm econ- these clear violations of democratic ARKANSAS NATIONAL GUARD omy of Klamath Falls was sent into a order, the U.S. found itself virtually tailspin when the decision was made to alone in the region in seemingly wel- ∑ Mr. HUTCHINSON. Mr. President, it forego water deliveries to farmers in coming the undemocratic change in is my distinct honor and privilege to favor of protecting threatened and en- government in Venezuela. recognize the ‘‘Arkansas Gunslingers.’’ dangered fishes. Almost overnight, the Latin American presidents, meeting Task Force 2–153, commanded by Lieu- devastating effects of the water shut- in Costa Rica, quickly condemned the tenant Colonel Steve Womack, made off began to be felt. In one month’s coup as contrary to democratic obliga- military history on January 13, 2002 by time, the number of families seeking tions of members of the Organization becoming the first pure Army National assistance from the local food bank of American States. Their action had Guard unit to represent the United jumped by seven hundred. nothing to do with support for Presi- States in performing the Multinational The response from the surrounding dent Chavez, whose radical declara- Force and Observer, MFO, mission on community was incredible. Farmers, tions and friendly links to Cuba and the Sinai peninsula in Egypt which was car dealerships, coffee shops, gas sta- Iraq had caused discomfort in the re- born out of the 1979 Camp David Peace tions, banks, schools, and countless gion and in Washington. Accords. others came together to lend their sup- However, the American government Soldiers of the 2nd Battalion, 153rd port to folks in the Klamath Basin. On did not acknowledge that a coup had Infantry headquartered in Searcy, AR, June 15 of last year, Joe Gilliam, Presi- occurred and referred to the action as along with other elements of the 39th dent of the Oregon Grocers Associa- ‘‘a change in the government.’’ After 2 Infantry Brigade were mobilized Octo- tion, with the help of grocers from days, the lack of full support inside the ber 8, 2001 as part of President Bush’s around the State, gathered 240,000 Venezuelan military, the extreme na- Homeland Defense initiative and the pounds of food. This food helped feed ture of the actions of the interim presi- War on Terrorism. Under the strong the community for nearly two months. dent in voiding Venezuela’s democratic leadership of Lieutenant Colonel In August, Oregon Senator and farm- institutions, and the clear opposition Womack, Major Franklin Powell and er Gary George of Pendleton, Oregon of hemispheric leaders resulted in Cha- Command Sergeant Major John Hogue, decided that he too had to do some- vez being reinstated to the presidency. Task Force 2–153 exceeded all post-mo- thing. He set out and, with the help of The Inter-American Democratic bilization, pre-deployment, and post- Oregonians In Action, raised $30,000. Charter, which the United States and deployment requirements. This accom- Also in August, K-Dove Radio, Perry the other members of the Organization plishment is particularly noteworthy Atkinson and his son Oregon Senator of American States agreed to last year, given that these citizen-soldiers were Jason Atkinson, and sixty churches in commits all member governments to given this critical and highly visible the Medford area, joined together in condemn and investigate the overthrow assignment just 90 days prior to de- collecting 27,000 pounds of food. They of any democratically elected OAS ployment, at most, half the time to delivered it in two twenty-four-foot member government. These events prepare routinely given to Regular Ryder trucks. tested the resolve of Western Hemi- Army units. When called upon by their The examples of kindness go on and sphere leaders in their support of de- commander in chief, this proud group on. For as tragic as the situation last mocracy, and Latin American leaders of Arkansans literally lived up to their year in the Basin was, Oregonians from responded decisively. Unfortunately, motto: ‘‘Let’s Go’’! around the State responded with an the American government failed the It is with great pride that I have equal level of benevolence. With the test. risen today to pay tribute to the more help of hundreds of community volun- Our government must support than 500 soldiers who make up the Ar- teers and under the direction of Niki changes of government through a con- kansas Gunslingers. They have self- Sampson, the Klamath Falls-Lake stitutional process, not military lessly put their private lives on hold to County Food Bank has distributed means. America’s failure to condemn answer the call of duty. Their presence 830,000 pounds of food and non-food the illegal overthrow of a democrat- on the Sinai Peninsula is a powerful products. ically elected leader in Venezuela has symbol of peace. The people of Arkan- This has been a very emotional year, seriously undermined our credibility in sas are grateful for their service, and and as a U.S. Senator and as an Orego- the Western Hemisphere. extremely proud that they have been nian, I am very proud of how the people The United States must be a leader chosen to represent the United States in my State have responded. The gen- in promoting the strengthening of de- of America in this important mission.∑ S2824 CONGRESSIONAL RECORD — SENATE April 17, 2002 COMMEMORATING THE 54th ANNI- after-school program designed to pro- quired to meet this enormous demand, VERSARY OF ISRAEL’S vide advanced technical training and that it is necessary to address the en- STATEH0OOD resources to twelve motivated young tire natural gas delivery system, in- ∑ Mr. GRAHAM. Mr. President, on this women who would typically be denied cluding both distribution and trans- date 54 years ago, the State of Israel access to this level of technical edu- mission lines. was founded. Today, all over the world, cation. During the curriculum, the There is no doubt that the demands friends of Israel are observing this an- young women were instructed to design for capital investment in this area are niversary of Israel’s independence. an online magazine devoted to social very large indeed. Industry studies The United States, under President issues. In the process, the girls were show that the natural gas industry will Harry S. Truman, was the first country able to learn valuable computer appli- require almost $50 billion in new in- to formally recognize the State of cations as well as technical and jour- vestment for pipeline transmission Israel in 1948. We have a legacy of a nalistic skills while paying appropriate lines over the next fifteen years, over special relationship based on shared attention to social issues affecting the $3.2 billion per year, to meet this de- values, among them support for democ- Louisville/Jefferson County commu- mand. These expenditures also include racy and human rights. nity. the United States portion of an Alas- Preservation of the integrity, vital- I applaud the efforts of Insight Com- kan Gas Pipeline, which offers tremen- ity and sovereignty of Israel is the cor- munications and Oxygen Media. I dous potential for this country in nerstone of U.S. policy in the Middle would also like to thank these two or- meeting its energy needs. These are daunting sums. I am very East, as well as a fundamental pre- ganizations for their enduring commit- concerned whether this capital can be requisite for winning the global War on ment to education and service. The raised in both the current economic Terrorism. Fellowship program was an excellent climate and under our current cost re- On this day, when Israel and its allies forum for young women to not only covery system. Over the past year, the should be celebrating, instead we see learn invaluable technical and journal- companies we depend upon to raise the daily acts of violence and acts of ter- istic skills but also provide the com- capital required to build these trans- rorism that have led to the loss of in- munity with pertinent information ∑ mission lines lost over $60 billion in nocent lives. The ability of the people surrounding existing social issues. market capitalization. This situation of Israel and of the region to lead nor- f will impede their ability to raise the mal lives has been shattered. NATURAL GAS TRANSMISSION necessary capital in the market. Accel- The United States is committed to LINES AND ENHANCED COST RE- erated depreciation will help alleviate leading the international community COVERY this problem by increasing cash flow, in ending the conflict and beginning ∑ Mr. BREAUX. Mr. President, the de- thus reducing a company’s need to bor- the slow walk back to negotiations for mand for natural gas is expected to in- row money to build additional pipe- peace. crease tremendously in this country lines and lower the cost of capital that I urge President Bush and his Admin- over the next 15 years. By some ac- must be borrowed to complete the istration to recognize the importance counts demand for natural gas will go projects. Our committee recognized as of ongoing U.S. engagement in the Mid- from approximately 23 trillion cubic much, as did the House, when it chose dle East at this crucial time. As the feet in 2000 to over 31 trillion cubic feet to lower the depreciation period for world’s sole remaining superpower and by 2015, a 34 percent increase. The ex- natural gas transmission lines from 20 the leader of the efforts to eradicate isting natural gas transmission infra- to 15 years. I supported this decision, terrorism from the Earth, our commit- structure simply cannot accommodate but we may not be able to utilize fully ment to allies such as Israel cannot this increased demand. this increased distribution capacity if and must not falter. Natural gas offers an environ- we do not take similar steps regarding Once a framework for peace is in mentally friendly and secure source of transmission. After all, natural gas place, and we pray that day will soon energy, and we must ensure that we will not arrive at the distribution point come, there should be no question that have the infrastructure in place to unless the transmission infrastructure the United States recognizes we will be meet this increased demand. Other- is sufficient to handle the increased called upon to play an ongoing role in wise, we could suffer adverse environ- amount of natural gas required. the region, and we are prepared to ac- mental consequences and undermine There is no question that the capital cept that role. the potential for economic growth, investment required to ensure that we Again, we offer our congratulations which depends upon safe and secure have adequate transmission pipelines to the State of Israel on its 54th anni- sources of energy. Natural gas also has to deliver natural gas is very signifi- versary. And we assure our Israeli the added advantage of reducing our cant. There is also no question that brothers and sisters that we share with dependence on foreign energy sources, Congress needs to examine the entire them their quest for peace and the which in today’s environment, is a delivery system to ensure that the ben- dream of turning swords into plow- major advantage. efits of any improved cost recovery are shares so that they can raise their chil- The Senate Finance committee took utilized efficiently and do not produce dren and grandchildren in a region of several steps to address this issue. Im- ∑ unwanted bottlenecks. harmony. proving the depreciation period for nat- I think it would be appropriate for us f ural gas distribution lines and clari- to review carefully the need for shorter fying that natural gas gathering lines depreciation periods not just for dis- HONORING INSIGHT COMMUNICA- are seven-year property is a step in the tribution lines but for natural gas TIONS IN LOUISVILLE, KEN- right direction. However, I am con- transmission lines as well when this TUCKY cerned that the bill we are now consid- matter goes to conference. Any deci- ∑ Mr. BUNNING. Mr. President, today I ering, as well as the House-passed en- sions regarding natural gas deprecia- rise to offer a proper salute to Insight ergy legislation, does not address cost tion must be made with an eye towards Communications of Louisville, KY. The recovery for natural gas transmission their effect on the system as a whole, Cable Television Public Affairs Asso- lines. Reliable estimates indicate that including transmission lines.∑ ciation recently presented Insight with we will have to build over 38,000 miles f the coveted Beacon Award in the cat- of additional transmission lines, a fif- egory of education for introducing teen percent increase over current ca- LOCAL LAW ENFORCEMENT ACT their ‘‘Young Women’s Technology Fel- pacity, to deliver the increased amount OF 2001 lowship’’ initiative to the Louisville of natural gas that will be required to ∑ Mr. SMITH of Oregon. Mr. President, Community. meet the increased demand over the I rise today to speak about hate crimes The Fellowship initiative, which next fifteen years. My concern is that legislation I introduced with Senator arose from a partnership established if the Congress determines that en- KENNEDY in March of last year. The between Oxygen Media and Insight hanced cost recovery is necessary to Local Law Enforcement Act of 2001 Communications, was a two-month generate the additional investment re- would add new categories to current April 17, 2002 CONGRESSIONAL RECORD — SENATE S2825 hate crimes legislation sending a sig- know our freedom or our values or our de- broadcasts. I explained that although this nal that violence of any kind is unac- mocracy. was not my department, I thought we should ceptable in our society. I want to talk with you about how and why double the broadcasts. this happened, and what we must do about it. I would like to describe a terrible Listening to the radios’ evening broadcasts First, some history: became a standard ritual throughout Russia crime that occurred July 21, 1991 in At first, the Voice of America was part of and Eastern Europe. Moscow, no matter how Brattleboro, VT. A lesbian woman was the Office of War Information. When the war hard it tried, could not successfully jam the struck by an attacker who was heard ended, the VOA was transferred to the De- transmissions. As a result, communism had to say ‘‘There’s another . . . queer.’’ partment of State. With the beginning of the to face a public that every year knew more The assailant, Lauralee Akley, 19, was Cold War, officials within the government about its lies. In his 1970 Nobel Prize speech, began to debate the core mission of the VOA: charged with committing a hate-moti- Aleksander Solzhenitsyn said of Radio Lib- Was it to be a professional, impartial news erty, ‘‘If we learn anything about events in vated crime in connection with the in- service serving as an example of press free- cident. our own country, it’s from there.’’ When the dom to the world? Or was it an instrument of Berlin Wall fell, and soon after the Soviet I believe that government’s first duty U.S. foreign policy, a strategic weapon to be Union crumbled, Lech Walesa was asked is to defend its citizens, to defend them employed against those we fight? What is the about the significance of Radio Free Europe against the harms that come out of line between news and propaganda? Should to the Polish democracy movement. He re- hate. The Local Law Enforcement En- our broadcasts advocate America’s values-or plied, ‘‘Where would the Earth be without hancement Act of 2001 is now a symbol should they provide neutral, objective jour- the sun?’’ nalism? Radio Free Europe and Radio Liberty con- that can become substance. I believe That debate has never been resolved, only that by passing this legislation and tinue to broadcast, from headquarters in recast for each succeeding generation. In Au- downtown Prague, at the invitation of changing current law, we can change gust 1953, for example, our government con- ∑ Vaclav Havel. The studios are now guarded hearts and minds as well. cluded that whatever the VOA was or would by tanks in the street to protect against ter- f be, it should not be part of the State Depart- rorists. ment. So we established the United States With very little money, Congress author- INTERNATIONAL BROADCASTING Information Agency, and the VOA became ized several new services: Radio Free Asia, ∑ Mr. BIDEN. Mr. President, last its single largest operation. Radio Free Iraq, Radio Free Iran, Radio and A few years ago, Congress decided that all TV Marti, Radio Democracy Africa, and month the former Chairman of the our international broadcasts were to be gov- Federal Communications Commissions, Worldnet, a television service that broad- erned by a bi-partisan board appointed by casts a daily block of American news. After Newton Minow, delivered the Morris I. the President, with the Secretary of State as 9/11, Congress approved funding for a new Liebman Lecture at Loyola College in an ex- officio member. Radio Free Afghanistan. What most people This includes other U.S. international Baltimore. don’t know is that this service is not new— broadcast services which were born in the Mr. Minow’s address was entitled Congress authorized funds for Radio Free Af- Cold War, the so-called ‘‘Freedom Radios.’’ ghanistan first in 1985, when the country was ‘‘The Whisper of America,’’ and is fo- The first was Radio Free Europe, established under Soviet domination. Even then the cused on the need for the United States in 1949 as a non-profit, non-governmental service was minimal—one half-hour a day of to significantly increase the resources private corporation to broadcast news and news in the Dari and Pashto languages. it devotes to international broad- information to East Europeans behind the When the Soviets withdrew, we mistakenly Iron Curtain. The second was Radio Liberty, casting. thought the service was no longer needed. created in 1951 to broadcast similar program- I believe Mr. Minow makes a very We dismantled it as the country plunged into ming to the citizens of Russia and the Soviet thoughtful case for expanding our ef- chaos. We are finally beginning to correct republics. Both Radio Free Europe and Radio forts in this area. In order that it may our mistakes with a smart new service in the Liberty were secretly funded by the Central Middle East called ‘‘The New Station for the be available to a wider audience, and to Intelligence Agency, a fact not known to the New Generation.’’ call it to the attention of my col- American public until 1967, when the New leagues, I ask unanimous consent that Indeed, as the Cold War wound down, we York Times first reported the connection. forgot its most potent lesson: that totali- it be printed in the RECORD. The immediate result of the story was a tarianism was defeated not with missiles, There being no objection, the mate- huge controversy, because the radios had for tanks and carriers, but with ideas—and that rial was ordered to be printed in the years solicited donations from the public words can be weapons. Even though the RECORD, as follows: through an advertising campaign known as Voice of America had earned the trust and the Crusade for Freedom. Such secrecy, crit- respect of listeners for its accuracy and fair- THE WHISPER OF AMERICA ics argued, undermined the very message of In World War II, when the survival of free- ness, our government starved our inter- democratic openness the stations were in- national broadcasts. Many of the resources dom was still far from certain, the United tended to convey in their broadcasts to the States created a new international radio that had once been given to public diplo- closed, totalitarian regimes of the East. macy—to explaining ourselves and our val- service, the Voice of America. On February In 1971, Congress terminated CIA funding ues to the world—were eliminated. In the 24, 1942, William Harlan Hale opened the Ger- for the stations and provided for their con- Middle East, particularly, American broad- man-language program with these words: tinued existence by open appropriations. The casting is not even a whisper. An Arab-lan- ‘‘Here speaks a voice from America. Every stations survived and contributed to Amer- guage radio service is operated by Voice of day at this time we will bring you the news ican strategy in the Cold War. That strategy America, but its budget is tiny and its audi- of the war. The news may be good. The news was simple: to persuade and convince the ence tinier—only about 1 to 2 percent of may be bad. We will tell you the truth.’’ leaders and people of the communist bloc Arabs ever listen to it. Among those under My old boss, William Benton, came up with that freedom was better than dictatorship, the age of 30—60 percent of the population in the idea of the Voice of America. He was that free enterprise was better than central the region—virtually no one listens. then Assistant Secretary of State and would planning, and that no country could survive As we fell mute in the Cold War’s after- later become Senator from Connecticut. He if it did not respect human rights and the math, other voices grew in influence. was immensely proud of the Voice of Amer- rule of law. Broadcasting into regimes where ica. One day he described the new VOA to travel was severely restricted, where all in- AL JAZEERA RCA Chairman David Sarnoff, the tough- coming mail was censored, and all internal In the past few months, Westerners began minded and passionate pioneer of American media were tools of state propaganda, Radio to learn about Al Jazeera as a source of anti- broadcasting. Sarnoff noticed how little elec- Free Europe and Radio Liberty commu- American tirades by Muslim extremists and tronic power and transmitter scope the VOA nicated two messages that conventional as the favored news outlet of both Osama bin had via short-wave radio, then said, ‘‘Ben- weapons never could—doubt about the Laden and the Taliban. The service had its ton, all you’ve got here is the whisper of present and hope for the future. beginnings in 1995, when the BBC withdrew America.’’ They did so against repeated efforts by So- from a joint venture with Saudi-owned Orbit Although The Voice of America, and later viet and East European secret police to sabo- Communications that had provided news on other international radio services, have tage their broadcast facilities, to create fric- a Middle East channel. The BBC and the made valuable contributions, our inter- tion between the stations and their host gov- Saudi government clashed over editorial national broadcasting services suffer from ernments, and even to murder the stations’ judgments, and the business relationship fell miserly funding. In many areas of the world, personnel. In 1962, I personally witnessed an apart. Into the breach stepped a big fan of they have seldom been more than a whisper. effort by Soviet delegates to an inter- CNN, Qatar’s Emir, Sheikh Hamed bin Today, when we most need to communicate national communications conference in Ge- Khalifa Al Thani. He admired CNN’s satellite our story, especially in the Middle East, our neva to eliminate our broadcasts to Eastern technology and decided to bankroll a Middle broadcasts are not even a whisper. People in Europe. Because I was then Chairman of the East satellite network with a small budget. every country know our music, our movies, Federal Communications Commission, the He hired most of the BBC’s anchors, editors our clothes, and our sports. But they do not Soviets assumed I was in charge of these and technicians, and Al Jazeera was born. S2826 CONGRESSIONAL RECORD — SENATE April 17, 2002 Al Jazeera means ‘‘the peninsula’’ in Ara- classic urban rebellion became a revolution Still, the United States has an important bic, and the name is fitting. Just as Qatar is through television. The Romanian revolu- story to tell, the story of human striving for a peninsula, the station’s programming pro- tion was not won until television showed pic- freedom, democracy and opportunity. Since trudes conspicuously into the world of state- tures of the Ceaucescus’ corpses and scenes the end of the Cold War, we have failed to controlled broadcasting in the Middle East. of rebels controlling the square in Bucharest. tell that story to a world waiting to hear it Several commentators, including many In the final days of the Soviet Union, the Au- on the radio and see it on television. We have Arabs, have sharply criticized the service for gust 1991 coup against President Mikhail failed to use the power of ideas. being unprofessional and biased. CNN and Al Gorbachev failed when video of the sup- Within days of the Taliban’s flight from Jazeera had a dispute this year and termi- posedly ill president was broadcast by sat- Kabul, television was back on the air in the nated their cooperative relationship. ellite around the world. Those satellites, country. The Taliban had not only banned Well before September 11, Al Jazeera had Gorbachev later said, ‘‘prevented the tri- television broadcasts, but confiscated and managed to anger most of the governments umph of dictatorship.’’ Now, we have the destroyed thousands of TV sets. They hung in its own region. Libya withdrew its ambas- newer technologies of the internet and e- the smashed husks of TV sets on light poles, sador from Qatar when Al Jazeera broadcast mail—technologies the Voice of America and along with videocassettes and musical in- an interview with a critic of the Libyan gov- the Freedom Radios use with enthusiasm struments, as a warning to anyone who ernment. Tunisia’s ambassador complained without adequate support. might try to break the regime’s reign of ig- to the Qatari foreign ministry about a pro- What we have failed to realize is that the norance. And yet no sooner were the Taliban gram accusing Tunisia of violating human last lesson of the Cold War is also the first driven from the city than hundreds of TV rights. Kuwait complained after a program lesson of the new global information age. We sets appeared from nowhere. Even in the criticized Kuwait’s relations with Iraq. In live now in a world where we are the lone su- midst of a totalitarian, theocratic regime, Saudi Arabia, officials called for a ‘‘political perpower, and the target of envy and resent- there had been a thriving underground mar- ment not just in the Middle East but else- fatwa’’ prohibiting Saudis from appearing on ket for news and information. Television an- where. Terror is now the weapon of choice. any Al Jazeera programming. In March 2001, tennas were quickly hung outside of windows But if you believe we are only in a war Yasser Arafat closed Al Jazeera’s West Bank against terrorism, you are only half-right. and on rooftops. The antennas are like peri- news bureau, complaining of an offensive de- Nation-states can sponsor terrorism and pro- scopes, enabling those inside to see what is piction of Arafat in a documentary. Algeria vide cover to terrorists, but the war against happening outside. shut off electricity to prevent its citizens terrorism is asymmetric. This is my friend Where were we when those people needed from watching Al Jazeera’s programs. Other Don Rumsfeld’s favorite word—asymmetric. us? Where were we when Al Jazeera went on countries deny Al Jazeera’s reporters entry This means that war is not waged by a state the air? It was as if we put on our own self- visas. against another state per se, but against an created burka and disappeared from sight. And of course, our own country has plenty ideology. Think of the campaign of the past The voices of America, the voices of freedom, to complain about Al Jazeera. few months. The enemy has been a band of were not even a whisper. Al Jazeera came to our notice first because religious zealots and the Al Qaeda terrorists THE NEW CHALLENGE a 1998 interview with Osama bin Laden called they harbor, not the people of Afghanistan. I believe the United States must re-com- upon Muslims to ‘‘target all Americans.’’ Al President Bush has been emphatic and effec- mit itself to public diplomacy—to explaining Jazeera broadcast the tape many times. As tive on this point, as have Prime Minister and advocating our values to the world. As the only network with an office in Afghani- Tony Blair and other world leaders. Tom Friedman put it in his New York Times stan, Al Jazeera was the only one the Asymmetry also refers to the strategies column not long ago: ‘‘It is no easy trick to Taliban allowed to broadcast from the coun- and tactics used by those who cannot com- lose a PR war to two mass murderers— try. On October 7, 2001, the network’s Kabul pete in a conventional war. In an asym- (Osama bin Laden and Saddam Hussein) but office received a videotape message from metric war, it is not enough to have Air we’ve been doing just that lately. It is not Osama bin Laden, which it transmitted Forces to command the skies, Navies to enough for the White House to label them around the world. Hiding in caves, Osama roam the seas, or Armies to control moun- ‘evildoers.’ We have to take the PR war right could still speak to the world in a voice loud- tain passes. Although the Cold War led to to them, just like the real one.’’ er than ours because we allowed our story to staggering advances in military technology There are two leaders of both parties who be told by our enemies. to win the battles, there is not a cor- need our support in this fight for aggressive, Forty years ago, I accompanied President responding change in our government’s use vigorous public diplomacy. Illinois Repub- Kennedy on a tour of our space program fa- of communications technology to win the lican Congressman Henry Hyde, chairman of cilities. He asked me why it was so impor- peace. the House International Relations Com- tant to launch a communications satellite. I Asymmetry, in other words, is not limited mittee, wants to strengthen the Voice of said, ‘‘Mr. President, unlike other rocket to what happens on the battlefield. While America and the many Freedom Radio serv- launches, this one will not send a man into U.S. Special Operations forces in Afghani- ices that broadcast from Cuba to Afghani- space, but it will send ideas. And ideas last stan use laptops and satellites and sophisti- stan. Democratic Senator Joseph Biden, longer than people do.’’ I never dreamed that cated wireless telecommunications to guide Chairman of the Senate Foreign Relations the ideas millions of people receive every pilots flying bombing missions from aircraft Committee, is on the same page. He has de- day would come from Al Jazeera. carriers in the Arabian Sea, we still use ob- veloped legislation known as ‘‘Initiative 911’’ solete, clumsy and primitive methods, such THE GLOBAL MEDIA MARKETPLACE to give special emphasis to more program- as short-wave radio, to communicate to the Whatever one thinks of Al Jazeera, it ming for the entire Muslim world, from Ni- people. teaches an important lesson: The global mar- Here is another incongruity: American geria to Indonesia. ketplace of news and information is no marketing talent is successfully selling Ma- In November, Congress finally set aside $30 longer dominated by the United States. Our donna’s music, Pepsi Cola and Coca Cola, Mi- million to launch a new Middle East radio own government, because it has no outlet of chael Jordan’s shoes and McDonald’s ham- network. The AM and FM broadcasts (not its own in the area, is looking into buying burgers around the world. Our film, tele- short wave) will offer pop music—American commercial time on Al Jazeera to get Amer- vision and computer software industries and Arabic—along with a mix of current ica’s anti-terrorism message out. And be- dominate their markets worldwide. Yet, the events and talk shows. The proposal to fund cause of privatization and deregulation in United States government has tried to get Radio Free Afghanistan is for $27.5 million the international satellite business, a huge its message of freedom and democracy out to this year and next, and will allow about 12 number of Americans now have direct access the 1 billion Muslims in the world and can’t hours a day of broadcasting into the country. to Al Jazeera through the EchoStar satellite seem to do it. How is it that America, a na- The goal is to make our ideas clear not just service. tion founded on ideas—not religion or race or to leaders in the Muslim world, but to those The point is simply this: Whether the mes- ethnicity or clan—cannot explain itself to in the street, and particularly the young, sage is one of hate or peace, in the globalized the world? many of whom are uneducated and des- communications environment it is impos- In the months since September 11, Ameri- perately poor, and among whom hostility to- sible either to silence those who send the cans have been surprised to learn of the deep ward the United States is very high. message, or stop those who want to receive and bitter resentment that much of the Mus- These efforts are late and, in my view, too it. Satellites have no respect for national lim world feels toward us. Our situation is timid. They are tactical, not strategic. They borders. Satellites surmount walls. Like not just a public relations problem. Anyone are smart, not visionary. The cost of putting Joshua’s Trumpet, satellites blow walls who has traveled the world knows that much Radio Free Afghanistan on the air and un- down. anti-American sentiment springs from dis- derwriting its annual budget, for example, is That was the last lesson of the Cold War. agreements with some of our economic and less than even one Commanche helicopter. In Beijing, the Chinese government would foreign policies. Our support of authoritarian We have many hundreds of helicopters which not begin its brutal sweep through Tianamen regimes in the Muslim world has not en- we need to destroy tyranny, but they are in- Square until it thought the world’s video deared us to the people who live there. And sufficient to secure freedom. In an asym- cameras were out of range. In Manila, War- there is no more poisonous imagery than metric war, we must also fight on the idea saw and Bucharest, dissenters first captured that of Palestinians and Israelis locked in front. the television station—the Electronic Bas- mortal and what seems to be never-ending Bob Shieffer put the issue well not long tille of modern revolutions. In Prague, a combat. ago on CBS’ ‘‘Face the Nation’’: April 17, 2002 CONGRESSIONAL RECORD — SENATE S2827 ‘‘The real enemy is not Osama, it is the ig- ideas for every $100 we invest to launch has been true of ethnic violence in India and norance that breeds the hatred that fuels his bombs. This would be about six times more Pakistan. cause. This is what we have to change. I real- than we invest now in international commu- I saw this first hand in the Cuban Missile ized what an enormous job that was going to nications. We must establish a ratio suffi- Crisis of 1962. President Kennedy asked me be the other day when I heard a young Paki- cient to our need to inform and persuade to organize eight American commercial stani student tell an interviewer that every- others of the values of freedom and democ- radio stations to carry the Voice of America one in his school knew that Israel was be- racy. More importantly, we should seek a to Cuba because the VOA was shut out by hind the attacks on the Twin Towers and ev- ratio sufficient to lessen our need for bombs. Soviet jamming. We succeeded, and Presi- eryone in his school knew all the Jews who Third, throwing money alone at the prob- dent Kennedy’s speeches were heard in Span- worked there had stayed home that day. lem will not do the job. We need to use all of ish in Cuba at the height of the crisis. As we ‘‘What we have all come to realize now is the communications talent we have at our kept the destroyers and missiles out of Cuba, that a large part of the world not only mis- disposal. This job is not only for journalists. we got the Voice of America in because we understands us but is teaching its children As important as balanced news and public af- had enough power to surmount the jamming. to hate us.’’ fairs programming are to our public diplo- On that occasion, our American broadcasts Steve Forbes, who once headed the Broad- macy mission, the fact is that we are now in were more than a whisper. casting Board of Governors, put the issue a global information marketplace. An Amer- Last spring—well before the events of Sep- even more bluntly: ‘‘Washington should ican news source, even a highly professional tember 11—Illinois Congressman Henry Hyde cease its petty, penny-minded approach to one like the VOA, is not necessarily persua- put the need eloquently. I quote him: ‘‘Dur- our international radios and give them the sive in a market of shouting, often deceitful ing the last several years it has been argued resources and capable personnel to do the job and hateful voices. Telling the truth in a that our broadcasting services have done that so badly needs to be done right.... persuasive, convincing way is not propa- their job so well that they are no longer What are we waiting for?’’ ganda. Churchill’s and Roosevelt’s words— needed. This argument assumes that the great battle of the 20th century, the long THE PROPOSAL ‘‘never was so much owed by so many to so few’’—‘‘The only thing we have to fear is fear struggle for the soul of the world, is over: What are we waiting for? I suggest three that the forces of freedom and democracy simple proposals. First, define a clear stra- itself’’—were as powerful as a thousand guns. When Colin Powell chose advertising exec- have won. But the argument is terribly tegic mission and vision for U.S. inter- utive Charlotte Beers as Under Secretary of shortsighted. It ignores the people of China national broadcasting. Second, provide the State for public diplomacy and public af- and Cuba, of Vietnam and Burma, of Iraq and financial resources to get the job done. fairs, some journalists sneered. You cannot Iran and Sudan and North Korea and now Third, use the unique talent that the United Russia. It ignores the fragility of freedom peddle freedom as you would cars and sham- States has—all of it—to communicate that and the difficulty of building and keeping de- poo, went the refrain. That is undoubtedly vision to the world. mocracy. And it ignores the resilience of so, and Beers has several times said as much First, and above all, U.S. international evil.’’ broadcasting should be unapologetically herself. But you can’t peddle freedom if no Fifty-eight years ago, Albert Einstein re- proud to advocate freedom and democracy in one is listening, and Charlotte Beers is a turned from a day of sailing to find a group the world. There is no inconsistency in re- master at getting people to listen—and to of reporters waiting for him at the shore. porting the news accurately while also advo- communicate in terms people understand. The reporters told him that the United So was another visionary in this business, cating America’s values. The real issue is States had dropped an atomic bomb on Hiro- Bill Benton. Before he served as Assistant whether we will carry the debate on the shima, wiping out the city. Einstein shook Secretary of State, Benton had been a found- meaning of freedom to places on the globe, his head and said, ‘‘Everything in the world ing partner in one of the country’s largest where open debate is unknown and freedom has changed except the way we think.’’ and most successful advertising firms, Ben- has no seed. Does anyone seriously believe On September 11 everything changed ex- ton and Bowles. To win the information war, that the twin goals of providing solid jour- cept the way we think. It is hard to change we will need the Bentons and Beers of this nalism and undermining tyranny are incom- the way we think. But we know that ideas world every bit as much as we will need the patible? As a people, Americans have always last longer than people do, and that two im- journalists. We have the smartest, most tal- been committed to the proposition that portant ideas of the 20th century are now in ented, and most creative people in the world these goals go hand in hand. As the leader of direct competition: the ideas of mass com- in our communications industries—in radio, the free world, it is time for us to do what’s munication and mass destruction. The great television, film, newspapers, magazines, ad- right—to speak of idealism, sacrifice and the question of our time is whether we will be vertising, publishing, public relations, mar- nurturing of values essential to human free- wise enough to use one to avoid the other.∑ keting. These men and women want to help dom—and to speak in a bold, clear voice. f Second, if we are to do that, we will need their country, and will volunteer eagerly to to put our money where out mouths are not. help get our message across. One of the first MESSAGE FROM THE HOUSE We now spend more than a billion dollars people we should enlist is a West Point grad- At 11:04 a.m., a message from the each day for the Department of Defense. Re- uate named Bill Roedy, who is President of House of Representatives, delivered by MTV Networks International. His enterprise sults in the war on terrorism demonstrate Ms. Niland, one of its reading clerks, that this is money well invested in our na- reaches one billion people in 18 languages in 164 countries. Eight out of ten MTV viewers announced that the House has agreed tional security. to the following concurrent resolution, Whatever Don Rumsfeld says he needs live outside the United States. He can teach should be provided by the Congress with us a lot about how to tell our story. without amendment: pride in the extraordinary service his imagi- CONCLUSION S. Con. Res. 101. Concurrent resolution ex- native leadership is giving our country. As In 1945, a few years after the VOA first tending birthday greetings and best wishes President Bush has proposed, we will need to went on the air, the newly founded United to Lionel Hampton on the occasion of his increase the defense budget. When we do, Nations had 51 members. Today it has 189. In 94th birthday. let’s compare what we need to spend on the the last decade alone, more than 20 countries The message also announced that the Voice of America and the Freedom Radio have been added to the globe, many of them House has passed the following bills, in services with what we need to spend on de- former Soviet republics, but not all. Some of which it requests the concurrence of fense. Our international broadcasting efforts these new countries, as with the Balkan ex- the Senate: amount to less than two-tenths of one per- ample, have been cut bloodily from the fab- H.R. 1374. An act to designate the facility cent of Defense expenditures. Al Jazeera was ric of ethnic and religious hatred. Some of of the United States Postal Service located started with an initial budget of less than $30 these countries are nominally democratic, at 600 Calumet Street in Lake Linden, Michi- million a year. Now Al Jazeera reaches some but many—especially in Central Asia—are gan, as the ‘‘Philip E. Ruppe Post Office 40 million men, women and children every authoritarian regimes. Some are also deeply Building.’’ day, at a cost of pennies per viewer every unstable, and thus pose a threat not only to H.R. 3960. An act to designate the facility month. their neighbors, but to the free world. Af- of the United States Postal Service located Congress should hold hearings now to de- ghanistan, we discovered too late, is a con- at 3719 Highway 4 in Jay, Florida, as the ‘‘Jo- cide what we should spend to get our mes- cern not only to its region, but to all of us. seph W. Westmoreland Post Office Building.’’ sage of freedom, democracy and peace into In virtually every case, those whose rule is H.R. 4156. An act to amend the Internal the non-democratic and authoritarian re- based on an ideology of hate have understood Revenue Code of 1986 to clarify that the par- gions of the world. One suggestion is to con- better than we have the power of ideas and sonage allowance exclusion is limited to the sider a relationship between what we spend the power of communicating ideas. The fair rental value of the property. on defense with what we spend on commu- bloodshed in the Balkans began with hate H.R. 4167. An act to extend for 8 additional nication. For example, should we spend 10 radio blaring from Zagreb and Belgrade, and months the period for which chapter 12 of percent of what we spend on defense for com- hate radio is still common in the region title 11 of the United States Code is reen- munication? That would be $33 billion a today. The murder of 2 million Hutus and acted. year. Too much. Should we spend 1 percent? Tutsis in central Africa could not have hap- That would be $3.3 billion, and that seems pened but for the urging of madmen with At 3:07 p.m., a message from the about right to me—one dollar to launch broadcast towers at their disposal. The same House of Representatives, delivered by S2828 CONGRESSIONAL RECORD — SENATE April 17, 2002 Ms. Niland, one of its reading clerks, By Mr. HELMS: [[[3,5-bis(trifluoromethyl)phenyl]methyl] announced that the House has passed S. 2148. A bill to suspend temporarily the (methoxycarbonyl)amino]-2-ethyl-3,4- the following bill, in which it requests duty on Paclobutrazole 2SC; to the Com- dihydro-6-(trifluoromethyl)-,ethyl ester, the concurrence of the Senate: mittee on Finance. (2R,4S)- (9CI); to the Committee on Finance. By Mr. HELMS: By Mrs. FEINSTEIN: H.R. 476. An act to amend title 18, United S. 2149. A bill to suspend temporarily the S. 2169. A bill to suspend temporarily the States Code, to prohibit taking minors duty on difenoconazole; to the Committee on duty on Benzamide, N-methyl-2-[[3-[(1E)-2-(2- across State lines in circumvention of laws Finance. pyridinyl-ethenyl]-1H-indazol-6-yl)thio]-; to requiring the involvement of parents in abor- By Mr. HELMS: the Committee on Finance. tion decisions. S. 2150. A bill to suspend temporarily the By Mrs. FEINSTEIN: f duty on mucochloric acid; to the Committee S. 2170. A bill to suspend temporarily the MEASURES REFERRED on Finance. duty on 1H-Pyrazole-5-carboxamide, N-[2- By Mr. HELMS: fluoro-5-[[3-[(1 E)-2-(2-pyridinyl)ethenyl]-1H- The following bills were read the first S. 2151. A bill to extend the duty suspen- indazol-6-yl]amino]phenyl]1,3-di-methyl- ; to and the second times by unanimous sion on 3,5-Dibromo-4-hydoxybenzonitril; to the Committee on Finance. consent, and referred as indicated: the Committee on Finance. By Mrs. FEINSTEIN: H.R. 476. An act to amend title 18, United By Mr. HELMS: S. 2171. A bill to suspend temporarily the States Code, to prohibit taking minors S. 2152. A bill to extend the duty suspen- duty on Disulfide,bis(3,5-dichloro- across State lines in circumvention of laws sion on isoxaflutole; to the Committee on Fi- phenyl)(9Cl); to the Committee on Finance. requiring the involvement of parents in abor- nance. By Mrs. FEINSTEIN: tion decisions; to the Committee on the Ju- By Mr. HELMS: S. 2172. A bill to suspend temporarily the diciary. S. 2153. A bill to extend the duty suspen- duty on HIV/AIDS drug; to the Committee on H.R. 1374. An act to designate the facility sion on cyclanilide technical; to the Com- Finance. of the United States Postal Service located mittee on Finance. By Mrs. FEINSTEIN: at 600 Calument Street in Lake Linden, By Mr. HELMS: S. 2173. A bill to suspend temporarily the Michigan, as the ‘‘Philip E. Ruppe Post Of- S. 2154. A bill to extend the duty suspen- duty on HIV/AIDS drug; to the Committee on fice Building’’; to the Committee on Govern- sion on Fipronil Technical; to the Com- Finance. mental Affairs. mittee on Finance. By Mrs. FEINSTEIN: H.R. 3960. An act to designate the facility By Mr. HELMS: S. 2174. A bill to suspend temporarily the S. 2155. A bill to extend the duty suspen- of the United States Postal Service located duty on rhinovirus drug; to the Committee sion on 3,5-Dibromo-4-hydoxybenzonitril at 3719 Highway 4 in Jay, Florida, as the ‘‘Jo- on Finance. ester and inerts; to the Committee on Fi- seph W. Westmoreland Post Office Building’’; By Mrs. FEINSTEIN: to the Committee on Governmental Affairs. nance. S. 2175. A bill to suspend temporarily the H.R. 4156. An act to amend the Internal By Mr. HELMS: duty on Pyridin, 4-[[4-(1-methylethyl)-2- Revenue Code of 1986 to clarify that the par- S. 2156. A bill to suspend temporarily the [(phenylmethoxy)methyl]-1H-imidazol-1- sonage allowance exclusion is limited to the duty on 2,4-Xylidine; to the Committee on yl]methyl]-ethanedioate (1:2); to the Com- fair rental value of the property; to the Com- Finance. mittee on Finance. mittee on Finance. By Mr. HELMS: By Mr. HELMS: S. 2157. A bill to suspend temporarily the f S. 2176. A bill to suspend temporarily the duty on p-Chloro aniline; to the Committee duty on Triticonazole; to the Committee on INTRODUCTION OF BILLS AND on Finance. Finance. JOINT RESOLUTIONS By Mr. HELMS: S. 2158. A bill to suspend temporarily the By Mr. HELMS: The following bills and joint resolu- S. 2177. A bill to suspend temporarily the tions were introduced, read the first duty on 4-methoxyphenacychloride; to the Committee on Finance. duty on Glufosinate-Ammonium; to the and second times by unanimous con- By Mr. HELMS: Committee on Finance. sent, and referred as indicated: S. 2159. A bill to suspend temporarily the By Mrs. FEINSTEIN: By Mr. DURBIN: duty on 3-methoxy-thiophenol; to the Com- S. 2178. A bill to suspend temporarily the S. 2138. A bill to provide for the reliquida- mittee on Finance. duty on 1H-imidazole,4-(1-methylethyl)-2- tion of certain entries of antifriction bear- By Mr. HELMS: [(phenylmethoxy)methyl]-(9Cl); to the Com- ings; to the Committee on Finance. S. 2160. A bill to suspend temporarily the mittee on Finance. By Mr. BINGAMAN: duty on acetyl chloride; to the Committee on By Mrs. CARNAHAN (for herself and S. 2139. A bill to amend the Public Health Finance. Mr. LEAHY): Service Act to provide grants to promote By Mr. HELMS: S. 2179. A bill to authorize the Attorney positive health behaviors in women; to the S. 2161. A bill to suspend temporarily the General to make grants to States, local gov- Committee on Health, Education, Labor, and duty on esters and sodium esters of ernments, and Indian tribes to establish per- Pensions. parahydroxybenzoic acid; to the Committee manent tributes to honor men and women By Mr. HELMS: on Finance. who were killed or disabled while serving as S. 2140. A bill to suspend temporarily the By Mr. HELMS: law enforcement or public safety officers; to duty on 1,2 cyclohexanedione; to the Com- S. 2162. A bill to suspend temporarily the the Committee on the Judiciary. mittee on Finance. duty on chloroacetic acid; to the Committee By Mr. KYL: By Mr. HELMS: on Finance. S. 2180. A bill to suspend temporarily the S. 2141. A bill to suspend temporarily the By Mr. HELMS: duty on Nylon MXD6; to the Committee on duty on Wakil XL; to the Committee on Fi- S. 2163. A bill to suspend temporarily the Finance. nance. duty on isobornyl acetate; to the Committee By Mr. MCCAIN: By Mr. HELMS: on Finance. S. 2181. A bill to review, reform, and termi- S. 2142. A bill to suspend temporarily the By Mr. HELMS: nate unnecessary and inequitable Federal duty on primisulfuron; to the Committee on S. 2164. A bill to suspend temporarily the subsidies; to the Committee on Govern- Finance. duty of azocystrobin technical; to the Com- mental Affairs. By Mr. HELMS: By Mr. WYDEN: S. 2143. A bill to suspend temporarily the mittee on Finance. S. 2182. A bill to authorize funding for com- duty on flumetralin technical; to the Com- By Mr. HELMS: puter and network security research and de- mittee on Finance. S. 2165. A bill to suspend temporarily the velopment and research fellowship programs, By Mr. HELMS: duty on paclobutrazole technical; to the S. 2144. A bill to suspend temporarily the Committee on Finance. and for other purposes; to the Committee on duty on methidathion technical; to the Com- By Mrs. FEINSTEIN: Commerce, Science, and Transportation. mittee on Finance. S. 2166. A bill to suspend temporarily the By Mr. HUTCHINSON: By Mr. HELMS: duty on 1H-imidazole-2-methanol, 5-[(3,5- S. 2183. A bill to provide emergency agri- S. 2145. A bill to suspend temporarily the dichlorophenyl)thio]-4-(1-methlethyl)-1-(4- cultural assistance to producers of the 2002 duty on mixtures of lambdacyhalothrin; to pyridinylmethyl)-(9Cl); to the Committee on crop; to the Committee on Agriculture, Nu- the Committee on Finance. Finance. trition, and Forestry. By Mr. HELMS: By Mrs. FEINSTEIN: By Mr. BREAUX (for himself, Mr. S. 2146. A bill to suspend temporarily the S. 2167. A bill to suspend temporarily the SPECTER, Mrs. LINCOLN, Ms. duty on cyprodinil technical; to the Com- duty on 1H-imidazole,4-(1-methylethyl)-2- LANDRIEU, Mr. CLELAND, Mr. JOHN- mittee on Finance. [(phenylmethoxy)methyl]-(9Cl); to the Com- SON, Mr. BAUCUS, Mr. BAYH, Mrs. By Mr. HELMS: mittee on Finance. CLINTON, Mr. DODD, Mr. EDWARDS, S. 2147. A bill to suspend temporarily the By Mrs. FEINSTEIN: Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. duty on oxasulfuron technical; to the Com- S. 2168. A bill to suspend temporarily the KENNEDY, Mr. LIEBERMAN, Mrs. MUR- mittee on Finance. duty on 1(2H)-Quinolinecarboxylic acid, 4- RAY, Ms. STABENOW, Mr. WELLSTONE, April 17, 2002 CONGRESSIONAL RECORD — SENATE S2829 Mr. LEVIN, Mr. BINGAMAN, Mr. REED, By Mr. DURBIN (for himself, Mr. CARNAHAN) was added as a cosponsor of Mr. HARKIN, Ms. MIKULSKI, Mr. DUR- BROWNBACK, and Mr. FEINGOLD): S. 1638, a bill to authorize the Sec- BIN, Mr. JEFFORDS, Mr. DAYTON, and S. Res. 245. A resolution designating the retary of the Interior to study the suit- week of May 5 through May 11, 2002, as ‘‘Na- Ms. CANTWELL): ability and feasibility of designating S. 2184. A bill to provide for the reissuance tional Occupational Safety and Health of a rule relating to ergonomics; to the Com- Week’’; to the Committee on the Judiciary. the French Colonial Heritage Area in the State of Missouri as a unit of the mittee on Health, Education, Labor, and f Pensions. National Park System, and for other By Mr. CLELAND: ADDITIONAL COSPONSORS purposes. S. 2185. A bill to amend the Employee Re- S. 808 S. 1722 tirement Income Security Act of 1974 to pro- At the request of Mr. SMITH of New At the request of Mr. BAUCUS, the vide workers with individual account plans name of the Senator from Georgia (Mr. with information on how the assets in their Hampshire, his name was added as a accounts are invested and of the need to di- cosponsor of S. 808, a bill to amend the CLELAND) was added as a cosponsor of versify the investment of the assets; to the Internal Revenue Code of 1986 to repeal S. 1722, a bill to amend the Internal Committee on Health, Education, Labor, and the occupational taxes relating to dis- Revenue Code of 1986 to simplify the Pensions. tilled spirits, wine, and beer. application of the excise tax imposed By Mr. ROCKEFELLER (by request): S. 830 on bows and arrows. S. 2186. A bill to amend title 38, United At the request of Mr. CHAFEE, the S. 1748 States Code, to establish a new Assistant At the request of Mr. GRAMM, the Secretary to perform operations, prepared- name of the Senator from Wisconsin ness, security and law enforcement func- (Mr. FEINGOLD) was added as a cospon- name of the Senator from Utah (Mr. tions, and for other purposes; to the Com- sor of S. 830, a bill to amend the Public HATCH) was added as a cosponsor of S. mittee on Veterans’ Affairs. Health Service Act to authorize the Di- 1748, a bill to promote the stabilization By Mr. ROCKEFELLER (for himself rector of the National Institute of En- of the economy by encouraging finan- and Mr. AKAKA): vironmental Health Sciences to make cial institutions to continue to support S. 2187. A bill to amend title 38, United grants for the development and oper- economic development including devel- States Code, to authorize the Secretary of ation of research centers regarding en- opment in urban areas, through the Veterans Affairs to furnish health care dur- provision of affordable insurance cov- ing a major disaster or medical emergency, vironmental factors that may be re- and for other purposes; to the Committee on lated to the etiology of breast cancer. erage against acts of terrorism, and for Veterans’ Affairs. S. 964 other purposes. By Mr. BREAUX (for himself and Mr. At the request of Mr. KENNEDY, the S. 1751 BURNS): name of the Senator from Missouri At the request of Mr. GRAMM, the S. 2188. A bill to require the Consumer (Mrs. CARNAHAN) was added as a co- name of the Senator from Utah (Mr. Product Safety Commission to amend its sponsor of S. 964, a bill to amend the HATCH) was added as a cosponsor of S. flammability standards for children’s Fair Labor Standards Act of 1938 to 1751, a bill to promote the stabilization sleepwear under the Flammable Fabrics Act; to the Committee on Commerce, Science, provide for an increase in the Federal of the economy by encouraging finan- and Transportation. minimum wage. cial institutions to continue to support By Mr. ROCKEFELLER (for himself, S. 999 economic development, including de- Mr. SPECTER, Mr. DASCHLE, Mr. At the request of Mr. BINGAMAN, the velopment in urban areas, through the WELLSTONE, Mr. DURBIN, Ms. MIKUL- name of the Senator from Missouri provision of affordable insurance cov- SKI, Mr. SARBANES, Mr. DAYTON, and (Mrs. CARNAHAN) was added as a co- erage against acts of terrorism, and for Mrs. CLINTON): sponsor of S. 999, a bill to amend title other purposes. S. 2189. A bill to amend the Trade Act of 1974 to remedy certain effects of injurious 10, United States Code, to provide for a S. 1769 steel imports by protecting benefits of steel Korea Defense Service Medal to be At the request of Mrs. BOXER, the industry retirees and encouraging the issued to members of the Armed Forces name of the Senator from California strengthening of the American steel indus- who participated in operations in (Mrs. FEINSTEIN) was added as a co- try; to the Committee on Finance. Korea after the end of the Korean War. sponsor of S. 1769, a bill to authorize By Mr. KERRY (for himself, Ms. S. 1174 the Secretary of the Army to carry out SNOWE, Mrs. FEINSTEIN, and Mr. At the request of Mr. LEAHY, the a project for flood protection and eco- CHAFEE): S. 2190. A bill to amend the Internal Rev- name of the Senator from Louisiana system restoration for Sacramento, enue Code of 1986 and the Employee Retire- (Ms. LANDRIEU) was added as a cospon- California, and for other purposes. ment Income Security Act of 1974 to provide sor of S. 1174, a bill to provide for safe S. 1787 employees with greater control over assets incarceration of juvenile offenders. At the request of Mr. DASCHLE, the in their pension accounts by providing them S. 1248 name of the Senator from Minnesota with better information about investment of At the request of Mr. KERRY, the (Mr. DAYTON) was added as a cosponsor the assets, new diversification rights, and name of the Senator from Connecticut of S. 1787, a bill to promote rural safety new limitations on pension plan blackouts, and improve rural law enforcement. and for other purposes; to the Committee on (Mr. LIEBERMAN) was added as a co- Finance. sponsor of S. 1248, a bill to establish a S. 1924 By Mr. HELMS: National Housing Trust Fund in the At the request of Mr. LIEBERMAN, the S. 2191. A bill to suspend temporarily the Treasury of the United States to pro- name of the Senator from Ohio (Mr. duty on petroleum sulfonic acids, sodium vide for the development of decent, DEWINE) was added as a cosponsor of S. salts; to the Committee on Finance. safe, and affordable housing for low-in- 1924, a bill to promote charitable giv- By Mr. HELMS: come families, and for other purposes. ing, and for other purposes. S. 2192. A bill to suspend temporarily the duty on certain TAED chemicals; to the S. 1258 S. 1988 Committee on Finance. At the request of Mr. DORGAN, the At the request of Ms. LANDRIEU, the By Mr. HELMS: name of the Senator from Colorado name of the Senator from Illinois (Mr. S. 2193. A bill to suspend temporarily the (Mr. ALLARD) was added as a cosponsor DURBIN) was added as a cosponsor of S. duty on Vanguard 75 WDG; to the Committee of S. 1258, a bill to improve academic 1988, a bill to authorize the American on Finance. and social outcomes for teenage youth. Battle Monuments Commission to es- f S. 1526 tablish in the State of Louisiana a me- SUBMISSION OF CONCURRENT AND At the request of Mr. CLELAND, the morial to honor the Buffalo Soldiers. SENATE RESOLUTIONS name of the Senator from Georgia (Mr. S. 2039 The following concurrent resolutions MILLER) was added as a cosponsor of S. At the request of Mr. DURBIN, the and Senate resolutions were read, and 1526, a bill to establish the Arabia name of the Senator from New Jersey referred (or acted upon), as indicated: Mountain National Heritage Area in (Mr. TORRICELLI) was added as a co- the State of Georgia, and for other pur- sponsor of S. 2039, a bill to expand avia- By Mr. GRASSLEY (for himself and poses. tion capacity in the Chicago area. Mr. WYDEN): S. Res. 244. A resolution eliminating secret S. 1638 S. 2051 Senate holds; to the Committee on Rules and At the request of Mr. BOND, the name At the request of Mr. REID, the Administration. of the Senator from Missouri (Mrs. names of the Senator from Nebraska S2830 CONGRESSIONAL RECORD — SENATE April 17, 2002 (Mr. HAGEL), the Senator from Illinois WARNER) were added as cosponsors of nary investigation of a community (Mr. DURBIN), the Senator from Hawaii amendment No. 3103 intended to be pro- health workers project in New Mexico (Mr. INOUYE), the Senator from Georgia posed to S. 517, a bill to authorize fund- suggests that community health work- (Mr. MILLER), and the Senator from ing the Department of Energy to en- ers also help to increase enrollment in Montana (Mr. BAUCUS) were added as hance its mission areas through tech- health insurance programs such as cosponsors of S. 2051, a bill to remove a nology transfer and partnerships for Medicaid and the Children’s Health In- condition preventing authority for con- fiscal years 2002 through 2006, and for surance Program, SCHIP. current receipt of military retired pay other purposes. According to an Institute of Medi- and veterans’ disability compensation AMENDMENT NO. 3129 cine, IOM, report entitled, ‘‘Unequal from taking affect, and for other pur- At the request of Mr. BREAUX, the Treatment: Confronting Racial and poses. name of the Senator from Nevada (Mr. Ethnic Disparities in Healthcare,’’ ‘‘community health workers offer S. 2075 ENSIGN) was added as a cosponsor of amendment No. 3129 intended to be pro- promise as a community-based re- At the request of Mr. BAUCUS, the source to increase racial and ethnic posed to S. 517, a bill to authorize fund- name of the Senator from Georgia (Mr. minorities’ access to health care and to ing the Department of Energy to en- MILLER) was added as a cosponsor of S. serve as a liaison between healthcare hance its mission areas through tech- 2075, a bill to facilitate the availability providers and the communities they nology transfer and partnerships for of electromagnetic spectrum for the serve.’’ deployment of wireless based services fiscal years 2002 through 2006, and for Although the community health in rural areas, and for other purposes. other purposes. worker model is valued on the United S. 2076 f States-Mexico border as well as other At the request of Mr. DORGAN, the STATEMENTS ON INTRODUCED parts of the country that encounter name of the Senator from Minnesota BILLS AND JOINT RESOLUTIONS challenges of meeting the health care (Mr. DAYTON) was added as a cosponsor needs of medically underserved popu- By Mr. BINGAMAN: lations, these programs often have dif- of S. 2076, a bill to prohibit the cloning S. 2139. A bill to amend the Public ficulty securing adequate financial re- of humans. Health Service Act to provide grants to sources to maintain and expand upon S.J. RES. 35 promote positive health behaviors in their services. As a result, many of At the request of Mrs. FEINSTEIN, the women; to the Committee on Health, names of the Senator from Alaska (Mr. these programs are significantly lim- Education, Labor, and Pensions. ited in their ability to meet the ongo- MURKOWSKI), the Senator from Con- Mr. BINGAMAN. Mr. President, the ing and emerging health demands of necticut (Mr. LIEBERMAN), the Senator legislation I am introducing today en- from Texas (Mr. GRAMM), and the Sen- their communities. titled the ‘‘Community Health Workers The IOM report also notes that ‘‘pro- ator from New Hampshire (Mr. SMITH) Act of 2002’’ would improve access to grams to support the use of community were added as cosponsors of S.J. Res. health education and outreach services health workers . . . especially among 35, a joint resolution proposing an to women in medically underserved medically underserved and racial and amendment to the Constitution of the areas in the United States-New Mexico ethnic minority populations, should be United States to protect the rights of border region. expanded, evaluated, and replicated.’’ crime victims. Lack of access to adequate health I am introducing this legislation to S. RES. 185 care and health education is a signifi- increase resources for a model that has At the request of Mr. ALLEN, the cant problem along the United States- shown significant promise for increas- name of the Senator from Massachu- New Mexico border. While the access ing access to quality health care and setts (Mr. KERRY) was added as a co- problem is in part due to a lack of in- health education for families in medi- sponsor of S. Res. 185, a resolution rec- surance, it is also attributable to non- cally underserved communities. ognizing the historical significance of financial barriers to access. These bar- I ask unanimous consent that the the 100th anniversary of Korean immi- riers include a shortage of physicians text of the bill be printed in the gration to the United States. and other health professionals, and RECORD. S. RES. 219 hospitals; inadequate transportation; a There being no objection, the bill was At the request of Mr. GRAHAM, the shortage of bilingual health informa- ordered to be printed in the RECORD, as name of the Senator from Georgia (Mr. tion and health providers; and cul- follows: MILLER) was added as a cosponsor of S. turally insensitive systems of care. S. 2139 Res. 219, a resolution expressing sup- This legislation would help to ad- Be it enacted by the Senate and House of Rep- port for the democratically elected dress the issue of access by providing $6 resentatives of the United States of America in Congress assembled, Government of Columbia and its efforts million in grants to State, local, and SECTION 1. SHORT TITLE. to counter threats from United States- tribal organizations, including commu- nity health centers and public health This Act may be cited as the ‘‘Community designated foreign terrorist organiza- Health Workers Act of 2002’’. tions. departments, for the purpose of hiring community health workers to provide SEC. 2. FINDINGS. AMENDMENT NO. 3037 Congress makes the following findings: health education, outreach, and refer- (1) Chronic diseases, defined as any condi- At the request of Mr. TORRICELLI, the rals to women and families who other- name of the Senator from California tion that requires regular medical attention wise would have little or no contact or medication, are the leading cause of death (Mrs. BOXER) was added as a cosponsor with health care services. and disability for women in the United of amendment No. 3037 intended to be Recognizing factors such as poverty States across racial and ethnic groups. proposed to S. 517, a bill to authorize and language and cultural differences (2) According to the National Vital Statis- funding the Department of Energy to that often serve as barriers to health tics Report of 2001, the 5 leading causes of enhance its mission areas through care access in medically underserved death among Hispanic, American Indian, and technology transfer and partnerships African-American women are heart disease, populations, community health work- cancer, diabetes, cerebrovascular disease, for fiscal years 2002 through 2006, and ers are in a unique position to improve for other purposes. and unintentional injuries. health outcomes and quality of care for (3) Unhealthy behaviors alone lead to more AMENDMENT NO. 3103 groups that have traditionally lacked than 50 percent of premature deaths in the At the request of Mr. KENNEDY, the access to adequate services. United States. names of the Senator from Colorado The positive benefits of the commu- (4) Poor diet, physical inactivity, tobacco (Mr. ALLARD), the Senator from Vir- nity health worker model have been use, and alcohol and drug abuse are the ginia (Mr. ALLEN), the Senator from documented. Research has shown that health risk behaviors that most often lead to disease, premature death, and disability, and Utah (Mr. BENNETT), the Senator from community health workers have been are particularly prevalent among many Nevada (Mr. ENSIGN), the Senator from effective in increasing the utilization groups of minority women. Massachusetts (Mr. KERRY), the Sen- of health preventive services such as (5) Over 60 percent of Hispanic and African- ator from New York (Mr. SCHUMER), cancer screenings and medical follow American women are classified as over- and the Senator from Virginia (Mr. up for elevated blood pressure. Prelimi- weight and over 30 percent are classified as April 17, 2002 CONGRESSIONAL RECORD — SENATE S2831

obese. Over 60 percent of American Indian ‘‘(4) to educate and provide outreach re- ‘‘(f) QUALITY ASSURANCE AND COST-EFFEC- women are classified as obese. garding enrollment in health insurance in- TIVENESS.—The Secretary shall establish (6) American Indian women have the high- cluding the State Children’s Health Insur- guidelines for assuring the quality of the est mortality rates related to alcohol and ance Program under title XXI of the Social training and supervision of community drug use of all women in the United States. Security Act, medicare under title XVIII of health workers under the programs funded (7) High poverty rates coupled with bar- such Act and medicaid under title XIX of under this section and for assuring the cost- riers to health preventive services and med- such Act; effectiveness of such programs. ical care contribute to racial and ethnic dis- ‘‘(5) to promote community wellness and ‘‘(g) MONITORING.—The Secretary shall parities in health factors, including pre- awareness; and monitor community health worker programs mature death, life expectancy, risk factors ‘‘(6) to educate and refer target popu- identified in approved applications and shall associated with major diseases, and the ex- lations to appropriate health care agencies determine whether such programs are in tent and severity of illnesses. and community-based programs and organi- compliance with the guidelines established (8) There is increasing evidence that early zations in order to increase access to quality under subsection (e). life experiences are associated with adult health care services, including preventive ‘‘(h) TECHNICAL ASSISTANCE.—The Sec- chronic disease and that prevention and health services. retary may provide technical assistance to community health worker programs identi- intervention services provided within the ‘‘(c) APPLICATION.— fied in approved applications with respect to community and the home may lessen the im- ‘‘(1) IN GENERAL.—Each State or local or planning, developing, and operating pro- pact of chronic outcomes, while strength- tribal unit (including federally recognized grams under the grant. ening families and communities. tribes and Alaska native villages) that de- ‘‘(i) REPORT TO CONGRESS.— (9) Community health workers, who are sires to receive a grant under subsection (a) ‘‘(1) IN GENERAL.—Not later than 4 years primarily women, can be a critical compo- shall submit an application to the Secretary, after the date on which the Secretary first nent in conducting health promotion and at such time, in such manner, and accom- awards grants under subsection (a), the Sec- disease prevention efforts in medically un- panied by such additional information as the retary shall submit to Congress a report re- derserved populations. Secretary may require. garding the grant project. (10) Recognizing the difficult barriers con- ‘‘(2) CONTENTS.—Each application sub- ‘‘(2) CONTENTS.—The report required under fronting medically underserved communities mitted pursuant to paragraph (1) shall— paragraph (1) shall include the following: (poverty, geographic isolation, language and ‘‘(A) describe the activities for which as- ‘‘(A) A description of the programs for cultural differences, lack of transportation, sistance under this section is sought; which grant funds were used. low literacy, and lack of access to services), ‘‘(B) contain an assurance that with re- ‘‘(B) The number of individuals served. community health workers are in a unique spect to each community health worker pro- ‘‘(C) An evaluation of— position to reduce preventable morbidity and gram receiving funds under the grant award- ‘‘(i) the effectiveness of these programs; mortality, improve the quality of life, and ed, such program provides training and su- ‘‘(ii) the cost of these programs; and increase the utilization of available preven- pervision to community health workers to ‘‘(iii) the impact of the project on the tive health services for community mem- enable such workers to provide authorized health outcomes of the community resi- bers. program services; dents. (11) Research has shown that community ‘‘(C) contain an assurance that the appli- ‘‘(D) Recommendations for sustaining the health workers have been effective in signifi- cant will evaluate the effectiveness of com- community health worker programs devel- cantly increasing screening and medical fol- munity health worker programs receiving oped or assisted under this section. lowup visits among residents with limited funds under the grant; ‘‘(E) Recommendations regarding training access or underutilization of health care ‘‘(D) contain an assurance that each com- to enhance career opportunities for commu- services. munity health worker program receiving nity health workers. (12) States on the United States-Mexico funds under the grant will provide services in ‘‘(j) DEFINITIONS.—In this section: border have high percentages of impover- the cultural context most appropriate for ‘‘(1) COMMUNITY HEALTH WORKER.—The ished and ethnic minority populations: bor- the individuals served by the program; term ‘community health worker’ means an der States accommodate 60 percent of the ‘‘(E) contain a plan to document and dis- individual who promotes health or nutrition total Hispanic population and 23 percent of seminate project description and results to within the community in which the indi- the total population below 200 percent pov- other States and organizations as identified vidual resides— erty in the United States. by the Secretary; and ‘‘(A) by serving as a liaison between com- SEC. 3. GRANTS TO PROMOTE POSITIVE HEALTH ‘‘(F) describe plans to enhance the capacity munities and health care agencies; BEHAVIORS IN WOMEN. of individuals to utilize health services and ‘‘(B) by providing guidance and social as- Part P of title III of the Public Health health-related social services under Federal, sistance to community residents; Service Act (42 U.S.C. 280g et seq.) is amend- State, and local programs by— ‘‘(C) by enhancing community residents’ ed by adding at the end the following: ‘‘(i) assisting individuals in establishing ability to effectively communicate with ‘‘SEC. 399O. GRANTS TO PROMOTE POSITIVE eligibility under the programs and in receiv- health care providers; HEALTH BEHAVIORS IN WOMEN. ing the services or other benefits of the pro- ‘‘(D) by providing culturally and linguis- ‘‘(a) GRANTS AUTHORIZED.—The Secretary, grams; and tically appropriate health or nutrition edu- in collaboration with the Director of the ‘‘(ii) providing other services as the Sec- cation; Centers for Disease Control and Prevention retary determines to be appropriate, that ‘‘(E) by advocating for individual and com- and other Federal officials determined ap- may include transportation and translation munity health or nutrition needs; and propriate by the Secretary, is authorized to services. ‘‘(F) by providing referral and followup award grants to States or local or tribal ‘‘(d) PRIORITY.—In awarding grants under services. units, to promote positive health behaviors subsection (a), the Secretary shall give pri- ‘‘(2) COMMUNITY SETTING.—The term ‘com- for women in target populations, especially ority to those applicants— munity setting’ means a home or a commu- racial and ethnic minority women in medi- ‘‘(1) who propose to target geographic nity organization located in the neighbor- cally underserved communities. areas— hood in which a participant resides. ‘‘(b) USE OF FUNDS.—Grants awarded pur- ‘‘(A) with a high percentage of residents ‘‘(3) MEDICALLY UNDERSERVED COMMU- suant to subsection (a) may be used to sup- who are eligible for health insurance but are NITY.—The term ‘medically underserved port community health workers— uninsured or underinsured; community’ means a community identified ‘‘(1) to educate, guide, and provide out- ‘‘(B) with a high percentage of families for by a State— reach in a community setting regarding whom English is not their primary language; ‘‘(A) that has a substantial number of indi- health problems prevalent among women and and viduals who are members of a medically un- especially among racial and ethnic minority ‘‘(C) that encompass the United States- derserved population, as defined by section women; Mexico border region; 330(b)(3); and ‘‘(2) to educate, guide, and provide experi- ‘‘(2) with experience in providing health or ‘‘(B) a significant portion of which is a ential learning opportunities that target be- health-related social services to individuals health professional shortage area as des- havioral risk factors including— who are underserved with respect to such ignated under section 332. ‘‘(A) poor nutrition; services; and ‘‘(4) SUPPORT.—The term ‘support’ means ‘‘(B) physical inactivity; ‘‘(3) with documented community activity the provision of training, supervision, and ‘‘(C) being overweight or obese; and experience with community health materials needed to effectively deliver the ‘‘(D) tobacco use; workers. services described in subsection (b), reim- ‘‘(E) alcohol and substance use; ‘‘(e) COLLABORATION WITH ACADEMIC INSTI- bursement for services, and other benefits. ‘‘(F) injury and violence; TUTIONS.—The Secretary shall encourage ‘‘(5) TARGET POPULATION.—The term ‘target ‘‘(G) risky sexual behavior; and community health worker programs receiv- population’ means women of reproductive ‘‘(H) mental health problems; ing funds under this section to collaborate age, regardless of their current childbearing ‘‘(3) to educate and guide regarding effec- with academic institutions. Nothing in this status. tive strategies to promote positive health section shall be construed to require such ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— behaviors within the family; collaboration. There are authorized to be appropriated to S2832 CONGRESSIONAL RECORD — SENATE April 17, 2002 carry out this section $5,000,000 for each of ∑ Mr. MCCAIN. Mr. President, today, I poration is receiving taxpayer-funded fiscal years 2003, 2004, and 2005.’’. am re-introducing legislation to estab- subsidies or tax breaks that are unsup- ∑ Mr. KYL. Mr. President, I rise today lish a process to evaluate Federal sub- ported by a compelling benefit to the to introduce legislation that would sidies and tax advantages received by public, the subsidy should be ended. provide for a five-year temporary sus- corporations to ensure they are in the Does it make sense for the Agri- pension of the duty on imports of national interest, not the special inter- culture Department to spend $80 mil- Nylon MXD6, through December 31, est. This bill, ‘‘The Corporate Subsidy lion a year on a program, the Market 2007. Reform Commission Act,’’ is identical Access Program, that subsidizes the Nylon MXD6 is polyamide, classified to a bill I introduced in previous years. overseas advertising campaigns of under Chapter 39 of the Harmonized Because we face diminishing re- cash-strapped corporations such as Tariff Schedule of the United States, sources, we must prioritize our level of Pillsbury, Dole, and Jim Beam? subheading 3908.10.10, HTSUS. It is a Federal spending. Therefore, corporate Why should the Commerce Depart- tough, transparent resin that is used welfare simply must be eliminated. ment spend $211 million a year on the by several companies throughout the There are more than 100 such cor- Advanced Technology Program to give U.S. to make packaging for food and porate subsidy programs in the Federal research grants to consortiums of some other products. budget today, requiring the Federal of the largest and richest high-tech Temporary duty suspensions, when Government to spend approximately companies in this Nation? properly utilized, are an effective way $65 billion a year. Where is the accountability to tax- to confer ‘‘win-win’’ benefits on con- Terminating even some of these pro- payers here? They have been short- sumers and the economy. Suspending grams could save taxpayers tens of bil- changed at the expense of the special the duty on an imported good encour- lions of dollars each year, money that interests. This undermines our Na- ages increased supply and availability could be used to cut taxes for lower-in- tion’s fiscal house, and impairs Con- of that good, and such increases benefit come Americans, bolster Social Secu- gress’ ability to respond to truly ur- U.S. consumers. So long as we first en- rity, pay down the national debt, and gent needs such as health care, edu- sure that no domestic businesses will strengthen our military forces. cation, debt reduction, and national se- be harmed, and that the impact on In years past, Congress has insisted curity. Federal revenue is negligible, such that it would eliminate the existence Unfortunately, the pervasive system temporary duty suspensions clearly of this corporate welfare, but virtually of pork-barreling and special interest make for smart trade policy. no such program has been eliminated. legislating is speeding along unabated The merits of a temporary duty-sus- Consequently, taxpayer dollars con- in Washington. Instead of pursuing our pension bill are typically judged based tinue to be wasted as I speak. Nation’s priorities, both parties con- on whether or not it is ‘‘non-controver- The Corporate Subsidy Reform Com- tinue to spend without accountability. sial.’’ Such a bill is generally consid- mission Act aims to remove the special During my service in the Senate, I ered non-controversial only if there are treatment given to politically powerful no domestic producers who would be have worked to eliminate wasteful ear- industries and restore all taxpayers to harmed by increased imports, and the marks in appropriations bills. And yet a level playing field. It defines inequi- revenue impact would be de minimis, this year alone, about $15 billion in table subsidies as those provided to that is, roughly $500,000 per year or pork barrel spending was approved by corporations without a reasonable ex- less. Based on these criteria, this bill the Senate without going through any pectation that they will return a com- should not be controversial. It is my merit-based review process. mensurate benefit to the public. understanding that there are no domes- I would rather eliminate corporate The Act excludes any subsidies that tic producers of Nylon MXD6, and that subsidies and inequitable tax subsidies are primarily for research and develop- the duties paid on imports of the resin without resorting to a commission. But ment, education, public health, public have historically been at or under we know that the influence of the spe- safety, or the environment. Also ex- $500,000. cial interests will prevent that effort In addition to the usual benefits of cluded are subsidies or tax advantages from succeeding unless forceful action this kind of legislation, it is my under- necessary to comply with international is taken. standing that the importer of Nylon trade or treaty obligations. We need a credible process to identify MXD6, Mitsubishi Gas Chemical-Amer- The Act would create a nine-member corporate pork and eliminate it. This ica, has plans to establish a domestic commission nominated by the Presi- legislation is the first important step production facility in the United dent and the Congressional leadership. in alleviating the public burden of un- States, and hopes to have it on-line be- Federal agencies would be required to necessary corporate subsidies and tax fore this proposed duty suspension submit to the Commission, at the time breaks.∑ would expire. Temporarily suspending of the Administration’s next budget, a the duty on the compound would help list of subsidies and tax advantages By Mr. WYDEN: ease the company’s transition to do- that each agency believes are inequi- S. 2182. A bill to authorize funding mestic production. The planned facil- table. for computer and network security re- ity, in turn, would create new U.S. The Commission will provide rec- search and development and research manufacturing jobs and contribute to ommendations to either terminate or fellowship programs, and for other pur- our overall economic vitality. The fa- reduce the corporate subsidies. The poses; to the Committee on Commerce, President has the authority under the Science, and Transportation. cility would purchase domestically one ∑ of the two principal raw materials used Act to either terminate consideration Mr. WYDEN. Mr. President, Ameri- to make the resin, and the revenue of the Commission’s recommendations, cans today live in an increasingly that local, state, and federal govern- or submit the Commission’s rec- networked world. The system of inter- ments would collect from a perma- ommendations to the Congress as a leg- linked computer networks known as nently established, domestic produc- islative initiative. the Internet, which not so long ago was tion facility are likely to far outweigh The Congress would then have four a platform used only by a relatively the amount that will be collected months to review the Commission’s narrow group of academic researchers, through the duties imposed under cur- recommendations that have been en- is today a core medium of communica- rent law. dorsed by the President. At that time, tions and commerce for many millions This is a good bill with no substan- the actions of all involved committees of Americans. According to the Com- tial costs involved. I urge my col- in each respective legislative body merce Department, more than half of leagues to support it.∑ would be sent to the floor for debate, all Americans were using the Internet under expedited procedures. by last September, and the numbers By Mr. McCAIN: Many Federal subsidies and special- are only growing. S. 2181. A bill to review, reform, and interest tax breaks for corporations are The spread of the Internet presents terminate unnecessary and inequitable unnecessary, and do not provide a fair great new opportunities for the Amer- Federal subsidies; to the Committee on return to the taxpayers who bear the ican society and economy. But there is Governmental Affairs. heavy burden of their cost. If a cor- a downside to an interconnected, April 17, 2002 CONGRESSIONAL RECORD — SENATE S2833 networked world: security risks. The and development a top priority, and to (D) privacy and confidentiality; Internet connects people not just to work with me in moving this bill for- (E) firewall technology; friends, potential customers, and ward. (F) emerging threats, including malicious sources of information, but also to I ask unanimous consent that the such as viruses and worms; text of the bill be printed in the (G) vulnerability assessments; would-be hackers, viruses, and (H) operations and control systems man- cybercriminals. RECORD. agement; and Last July, after I became Chairman There being no objection, the bill was (I) management of interoperable digital of the Commerce Committee’s Sub- ordered to be printed in the RECORD, as certificates or digital watermarking. committee on Science, Technology, follows: (2) MERIT REVIEW; COMPETITION.—Grants and Space, I chose cybersecurity as the S. 2182 shall be awarded under this section on a topic for my first hearing. The message Be it enacted by the Senate and House of Rep- merit-reviewed competitive basis. from that hearing was that resentatives of the United States of America in (3) AUTHORIZATION OF APPROPRIATIONS.— Congress assembled, There are authorized to be appropriated to cybersecurity risks are mounting. The the National Science Foundation to carry complexity of computer networks and SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Cyber Secu- out this subsection— the breadth of functions handled online rity Research and Development Act’’. (A) $35,000,000 for fiscal year 2003; are growing faster than the country’s SEC. 2. FINDINGS. (B) $40,000,000 for fiscal year 2004; computer security capabilities. New The Congress finds the following: (C) $46,000,000 for fiscal year 2005; technologies, for example, ‘‘always on’’ (1) Revolutionary advancements in com- (D) $52,000,000 for fiscal year 2006; and Internet connections and wireless net- puting and communications technology have (E) $60,000,000 for fiscal year 2007. working technologies, often make the interconnected government, commercial, sci- (b) COMPUTER AND NETWORK SECURITY RE- entific, and educational infrastructures—in- SEARCH CENTERS.— problem worse, not better. (1) IN GENERAL.—The Director shall award The events of September 11 make cluding critical infrastructures for electric power, natural gas and petroleum production multiyear grants, subject to the availability this matter even more urgent. The fact of appropriations, to institutions of higher is, America needs to be prepared for and distribution, telecommunications, trans- portation, water supply, banking and fi- education (or consortia thereof) to establish the possibility that future terrorists nance, and emergency and government serv- multidisciplinary Centers for Computer and will try to strike not our buildings, ices—in a vast, interdependent physical and Network Security Research. Institutions of streets, or airplanes, but our critical electronic network. higher education (or consortia thereof) re- computer networks. (2) Exponential increases in inter- ceiving such grants may partner with one or Government can’t provide a silver connectivity have facilitated enhanced com- more government laboratories or for-profit institutions. bullet solution to this problem. Ulti- munications, economic growth, and the de- livery of services critical to the public wel- (2) MERIT REVIEW; COMPETITION.—Grants mately, progress with respect to shall be awarded under this subsection on a cybersecurity is going to require the fare, but have also increased the con- sequences of temporary or prolonged failure. merit-reviewed competitive basis. energy and ingenuity of the entire (3) A Department of Defense Joint Task (3) PURPOSE.—The purpose of the Centers technology sector. Force concluded after a 1997 United States shall be to generate innovative approaches But one thing government can and information warfare exercise that the results to computer and network security by con- should do is support basic ‘‘clearly demonstrated our lack of prepara- ducting cutting-edge, multidisciplinary re- cybersecurity research, so that the tion for a coordinated cyber and physical at- search in computer and network security, in- tack on our critical military and civilian in- cluding the research areas described in sub- country’s pool of cybersecurity knowl- section (a)(1). edge and expertise keeps pace with the frastructure’’. (4) Computer security technology and sys- (4) APPLICATIONS.—An institution of higher new and constantly evolving risks. education (or a consortium of such institu- This is an area where government in- tems implementation lack— (A) sufficient long term research funding; tions) seeking funding under this subsection volvement is sorely needed. (B) adequate coordination across Federal shall submit an application to the Director That is why I am pleased to intro- and State government agencies and among at such time, in such manner, and con- duce today the Cyber Security Re- government, academia, and industry; and taining such information as the Director search and Development Act. Thanks (C) sufficient numbers of outstanding re- may require. The application shall include, at a minimum, a description of— to the leadership of Congressman SHER- searchers in the field. (A) the research projects that will be un- RY BOEHLERT, this legislation has al- (5) Accordingly, Federal investment in computer and network security research and dertaken by the Center and the contribu- ready passed the House by an over- tions of each of the participating entities; whelming bipartisan vote. I hope the development must be significantly increased to— (B) how the Center will promote active col- Senate will be able to follow suit soon. (A) improve vulnerability assessment and laboration among scientists and engineers This legislation, which has the wide- technological and systems solutions; from different disciplines, such as computer spread support of the Nation’s tech- (B) expand and improve the pool of infor- scientists, engineers, mathematicians, and nology sector, would significantly in- mation security professionals, including re- social science researchers; crease the amount of cybersecurity re- searchers, in the United States workforce; (C) how the Center will contribute to in- search in this country by creating im- and creasing the number of computer and net- portant new research programs at the (C) better coordinate information sharing work security researchers and other profes- sionals; and National Science Foundation, NSF, and collaboration among industry, govern- ment, and academic research projects. (D) how the center will disseminate re- and National Institute of Standards search results quickly and widely to improve and Technology, NIST. The NSF pro- SEC. 3. DEFINITIONS. For purposes of this Act— cybersecurity in information technology gram would provide funding for innova- (1) the term ‘‘Director’’ means the Director networks, products, and services. tive research, multidisciplinary aca- of the National Science Foundation; and (5) CRITERIA.—In evaluating the applica- demic centers devoted to (2) the term ‘‘institution of higher edu- tions submitted under paragraph (4), the Di- cybersecurity, and new courses and fel- cation’’ has the meaning given that term in rector shall consider, at a minimum— lowships to educate the cybersecurity section 101 of the Higher Education Act of (A) the ability of the applicant to generate innovative approaches to computer and net- experts of the future. The NIST pro- 1965 (20 U.S.C. 1001). SEC. 4. NATIONAL SCIENCE FOUNDATION RE- work security and effectively carry out the gram likewise would support cutting- research program; edge cybersecurity research, with a SEARCH. (a) COMPUTER AND NETWORK SECURITY RE- (B) the experience of the applicant in con- special emphasis on promoting cooper- SEARCH GRANTS.— ducting research on computer and network ative efforts between government, in- (1) IN GENERAL.—The Director shall award security and the capacity of the applicant to dustry, and academia. grants for basic research on innovative ap- foster new multidisciplinary collaborations; I believe the stakes are high. In addi- proaches to the structure of computer and (C) the capacity of the applicant to attract tion to the damage that cyberattacks network hardware and software that are and provide adequate support for under- could cause directly, the mere threat of aimed at enhancing computer security. Re- graduate and graduate students and security breaches can cripple the ongo- search areas may include— postdoctoral fellows to pursue computer and (A) authentication and cryptography; network security research; and ing development of e-commerce. If the (B) computer forensics and intrusion detec- (D) the extent to which the applicant will Internet is to reach its full potential, tion; partner with government laboratories or for- security must be improved. (C) reliability of computer and network ap- profit entities, and the role the government I therefore urge my colleagues to join plications, middleware, operating systems, laboratories or for-profit entities will play in me in making cybersecurity research and communications infrastructure; the research undertaken by the Center. S2834 CONGRESSIONAL RECORD — SENATE April 17, 2002

(6) ANNUAL MEETING.—The Director shall the role that each member will play in im- (A) providing fellowships to students who convene an annual meeting of the Centers in plementing the proposal; are citizens, nationals, or lawfully admitted order to foster collaboration and commu- (ii) a comprehensive plan by which the in- permanent resident aliens of the United nication between Center participants. stitution or consortium will build instruc- States and are pursuing research in com- (7) AUTHORIZATION OF APPROPRIATIONS.— tional capacity in computer and information puter or network security leading to a doc- There are authorized to be appropriated for security; torate degree; the National Science Foundation to carry (iii) a description of relevant collabora- (B) paying tuition and fees for students re- out this subsection— tions with government agencies or private ceiving fellowships under subparagraph (A); (A) $12,000,000 for fiscal year 2003; industry that inform the instructional pro- (C) establishing scientific internship pro- (B) $24,000,000 for fiscal year 2004; gram in computer and network security; grams for students receiving fellowships (C) $36,000,000 for fiscal year 2005; (iv) a survey of the applicant’s historic stu- under subparagraph (A) in computer and net- (D) $36,000,000 for fiscal year 2006; and dent enrollment and placement data in fields work security at for-profit institutions or (E) $36,000,000 for fiscal year 2007. related to computer and network security government laboratories; and SEC. 5. NATIONAL SCIENCE FOUNDATION COM- and a study of potential enrollment and (D) other costs associated with the admin- PUTER AND NETWORK SECURITY placement for students enrolled in the pro- istration of the program. PROGRAMS. posed computer and network security pro- (4) FELLOWSHIP AMOUNT.—Fellowships pro- (a) COMPUTER AND NETWORK SECURITY CA- gram; and vided under paragraph (3)(A) shall be in the PACITY BUILDING GRANTS.— (v) a plan to evaluate the success of the amount of $25,000 per year, or the level of the (1) IN GENERAL.—The Director shall estab- proposed computer and network security National Science Foundation Graduate Re- lish a program to award grants to institu- program, including post-graduation assess- search Fellowships, whichever is greater, for tions of higher education (or consortia there- ment of graduate school and job placement up to 3 years. of) to establish or improve undergraduate and retention rates as well as the relevance (5) SELECTION PROCESS.—An institution of and master’s degree programs in computer of the instructional program to graduate higher education seeking funding under this and network security, to increase the num- study and to the workplace. subsection shall submit an application to the ber of students who pursue undergraduate or (B) AWARDS.—(i) The Director shall ensure, Director at such time, in such manner, and master’s degrees in fields related to com- to the extent practicable, that grants are containing such information as the Director puter and network security, and to provide awarded under this subsection in a wide may require. The application shall include, students with experience in government or range of geographic areas and categories of at a minimum, a description of— industry related to their computer and net- institutions of higher education. (A) the instructional program and research work security studies. (ii) The Director shall award grants under opportunities in computer and network secu- (2) MERIT REVIEW.—Grants shall be award- this subsection for a period not to exceed 5 rity available to graduate students at the ap- ed under this subsection on a merit-reviewed years. plicant’s institution; and competitive basis. (5) ASSESSMENT REQUIRED.—The Director (B) the internship program to be estab- (3) USE OF FUNDS.—Grants awarded under shall evaluate the program established under lished, including the opportunities that will this subsection shall be used for activities this subsection no later than 6 years after be made available to students for internships that enhance the ability of an institution of the establishment of the program. At a min- at for-profit institutions and government higher education (or consortium thereof) to imum, the Director shall evaluate the extent laboratories. provide high-quality undergraduate and mas- to which the grants achieved their objectives (6) REVIEW OF APPLICATIONS.—In evaluating ter’s degree programs in computer and net- of increasing the quality and quantity of stu- the applications submitted under paragraph work security and to recruit and retain in- dents pursuing undergraduate or master’s (5), the Director shall consider— creased numbers of students to such pro- degrees in computer and network security. (A) the ability of the applicant to effec- grams. Activities may include— (6) AUTHORIZATION OF APPROPRIATIONS.— tively carry out the proposed program; (A) revising curriculum to better prepare There are authorized to be appropriated to (B) the quality of the applicant’s existing undergraduate and master’s degree students the National Science Foundation to carry research and education programs; for careers in computer and network secu- out this subsection— (C) the likelihood that the program will re- rity; (A) $15,000,000 for fiscal year 2003; cruit increased numbers of students to pur- (B) establishing degree and certificate pro- (B) $20,000,000 for fiscal year 2004; sue and earn doctorate degrees in computer grams in computer and network security; (C) $20,000,000 for fiscal year 2005; and network security; (C) creating opportunities for under- (D) $20,000,000 for fiscal year 2006; and (D) the nature and quality of the intern- graduate students to participate in computer (E) $20,000,000 for fiscal year 2007. ship program established through collabora- and network security research projects; (b) SCIENTIFIC AND ADVANCED TECHNOLOGY tions with government laboratories and for- (D) acquiring equipment necessary for stu- ACT OF 1992.— profit institutions; dent instruction in computer and network (1) GRANTS.—The Director shall provide (E) the integration of internship opportu- security, including the installation of grants under the Scientific and Advanced nities into graduate students’ research; and testbed networks for student use; Technology Act of 1992 for the purposes of (F) the relevance of the proposed program (E) providing opportunities for faculty to section 3(a) and (b) of that Act, except that to current and future computer and network work with local or Federal Government the activities supported pursuant to this security needs. agencies, private industry, or other academic subsection shall be limited to improving edu- (7) AUTHORIZATION OF APPROPRIATIONS.— institutions to develop new expertise or to cation in fields related to computer and net- There are authorized to be appropriated to formulate new research directions in com- work security. the National Science Foundation to carry puter and network security; (2) AUTHORIZATION OF APPROPRIATIONS.— our this subsection— (F) establishing collaborations with other There are authorized to be appropriated to (A) $10,000,000 for fiscal year 2003; academic institutions or departments that the National Science Foundation to carry (B) $20,000,000 for fiscal year 2004; seek to establish, expand, or enhance pro- out this subsection— (C) $20,000,000 for fiscal year 2005; grams in computer and network security; (A) $1,000,000 for fiscal year 2003; (D) $20,000,000 for fiscal year 2006; and (G) establishing student internships in (B) $1,250,000 for fiscal year 2004; (E) $20,000,000 for fiscal year 2007. computer and network security at govern- (C) $1,250,000 for fiscal year 2005; (d) GRADUATE RESEARCH FELLOWSHIPS PRO- ment agencies or in private industry; (D) $1,250,000 for fiscal year 2006; and GRAM SUPPORT.—Computer and network se- (H) establishing or enhancing bridge pro- (E) $1,250,000 for fiscal year 2007. curity shall be included among the fields of grams in computer and network security be- (c) GRADUATE TRAINEESHIPS IN COMPUTER specialization supported by the National tween community colleges and universities; AND NETWORK SECURITY RESEARCH.— Science Foundation’s Graduate Research and (1) IN GENERAL.—The Director shall estab- Fellowships program under section 10 of the (I) any other activities the Director deter- lish a program to award grants to institu- National Science Foundation Act of 1950 (42 mines will accomplish the goals of this sub- tions of higher education to establish U.S.C. 1869). section. traineeship programs for graduate students SEC. 6. CONSULTATION. (4) SELECTION PROCESS.— who pursue computer and network security In carrying out sections 4 and 5, the Direc- (A) APPLICATION.—An institution of higher research leading to a doctorate degree by tor shall consult with other Federal agen- education (or a consortium thereof) seeking providing funding and other assistance, and cies. funding under this subsection shall submit by providing graduate students with re- SEC. 7. FOSTERING RESEARCH AND EDUCATION an application to the Director at such time, search experience in government or industry IN COMPUTER AND NETWORK SECU- in such manner, and containing such infor- related to the students’ computer and net- RITY. mation as the Director may require. The ap- work security studies. Section 3(a) of the National Science Foun- plication shall include, at a minimum— (2) MERIT REVIEW.—Grants shall be pro- dation Act of 1950 (42 U.S.C. 1862(a)) is (i) a description of the applicant’s com- vided under this subsection on a merit-re- amended— puter and network security research and in- viewed competitive basis. (1) by striking ‘‘and’’ at the end of para- structional capacity, and in the case of an (3) USE OF FUNDS.—An institution of higher graph (6); application from a consortium of institu- education shall use grant funds for the pur- (2) by striking the period at the end of tions of higher education, a description of poses of— paragraph (7) and inserting ‘‘; and’’; and April 17, 2002 CONGRESSIONAL RECORD — SENATE S2835

(3) by adding at the end the following new project and the level of support to be pro- ‘‘(f) DEFINITIONS.—For purposes of this paragraph: vided to each; section— ‘‘(8) to take a leading role in fostering and ‘‘(2) the number of post-doctoral research ‘‘(1) the term ‘computer system’ has the supporting research and education activities positions included under the research project meaning given that term in section 20(d)(1); to improve the security of networked infor- and the level of support to be provided to and mation systems.’’. each; ‘‘(2) the term ‘institution of higher edu- SEC. 8. NATIONAL INSTITUTE OF STANDARDS ‘‘(3) the number of individuals, if any, in- cation’ has the meaning given that term in AND TECHNOLOGY RESEARCH PRO- tending to change research fields and pursue section 101 of the Higher Education Act of GRAM. studies related to the security of computer 1965 (20 U.S.C. 1001).’’; and The National Institute of Standards and systems to be included under the research (3) in section 20(d)(1)(B)(i) (15 U.S.C. 278g– Technology Act is amended— project and the level of support to be pro- 3(d)(1)(B)(i)), by inserting ‘‘and computer (1) by moving section 22 to the end of the vided to each; and networks’’ after ‘‘computers’’. Act and redesignating it as section 32; ‘‘(4) how the for-profit entities and any SEC. 9. COMPUTER SECURITY REVIEW, PUBLIC (2) by inserting after section 21 the fol- other partners will participate in developing MEETINGS, AND INFORMATION. lowing new section: and carrying out the research and education Section 20 of the National Institute of ‘‘RESEARCH PROGRAM ON SECURITY OF agenda of the partnership. Standards and Technology Act (15 U.S.C. COMPUTER SYSTEMS ‘‘(d) PROGRAM OPERATION.—(1) The program 278g–3) is amended by adding at the end the ‘‘SEC. 22. (a) ESTABLISHMENT.—The Direc- established under subsection (a) shall be following new subsection: tor shall establish a program of assistance to managed by individuals who shall have both ‘‘(f) There are authorized to be appro- institutions of higher education that enter expertise in research related to the security priated to the Secretary $1,060,000 for fiscal into partnerships with for-profit entities to of computer systems and knowledge of the year 2003 and $1,090,000 for fiscal year 2004 to support research to improve the security of vulnerabilities of existing computer systems. enable the Computer System Security and computer systems. The partnerships may The Director shall designate such individuals Privacy Advisory Board, established by sec- also include government laboratories. The as program managers. tion 21, to identify emerging issues, includ- program shall— ‘‘(2) Program managers designated under ing research needs, related to computer secu- ‘‘(1) include multidisciplinary, long-term, paragraph (1) may be new or existing em- rity, privacy, and cryptography and, as ap- high-risk research; ployees of the Institute or individuals on as- propriate, to convene public meetings on ‘‘(2) include research directed toward ad- signment at the Institute under the Inter- those subjects, receive presentations, and dressing needs identified through the activi- governmental Personnel Act of 1970. publish reports, digests, and summaries for ‘‘(3) Program managers designated under ties of the Computer System Security and public distribution on those subjects.’’. paragraph (1) shall be responsible for— Privacy Advisory Board under section 20(f); ‘‘(A) establishing and publicizing the broad SEC. 10. INTRAMUTAL SECURITY RESEARCH. and research goals for the program; Section 20 of the National Institute of ‘‘(3) promote the development of a robust ‘‘(B) soliciting applications for specific re- Standards and Technology Act (15 U.S.C. research community working at the leading search projects to address the goals devel- 278g–3) is further amended— edge of knowledge in subject areas relevant oped under subparagraph (A); (1) by redesignating subsection (d) as sub- to the security of computer systems by pro- ‘‘(C) selecting research projects for support section (e); and viding support for graduate students, post- under the program from among applications (2) by inserting after subsection (c) the fol- doctoral researchers, and senior researchers. submitted to the Institute, following consid- lowing new subsection: ‘‘(b) FELLOWSHIPS.—(1) The Director is au- ‘‘(d) As part of the research activities con- thorized to establish a program to award eration of— ‘‘(i) the novelty and scientific and tech- ducted in accordance with subsection (b)(4), post-doctoral research fellowships to individ- the Institute shall— uals who are citizens, nationals, or lawfully nical merit of the proposed projects; ‘‘(ii) the demonstrated capabilities of the ‘‘(1) conduct a research program to address admitted permanent resident aliens of the emerging technologies associated with as- United States and are seeking research posi- individual or individuals submitting the ap- plications to successfully carry out the pro- sembling a networked computer system from tions at institutions, including the Institute, components while ensuring it maintains de- engaged in research activities related to the posed research; ‘‘(iii) the impact the proposed projects will sired security properties; security of computer systems, including the ‘‘(2) carry out research associated with im- research areas described in section 4(a)(1) of have on increasing the number of computer proving the security of real-time computing the Cyber Security Research and Develop- security researchers; and communications systems for use in proc- ment Act. ‘‘(iv) the nature of the participation by for- ‘‘(2) The Director is authorized to establish profit entities and the extent to which the ess control; and a program to award senior research fellow- proposed projects address the concerns of in- ‘‘(3) carry out multidisciplinary, long- ships to individuals seeking research posi- dustry; and term, high-risk research on ways to improve tions at institutions, including the Institute, ‘‘(v) other criteria determined by the Di- the security of computer systems.’’. engaged in research activities related to the rector, based on information specified for in- SEC. 11. AUTHORIZATION OF APPROPRIATIONS. security of computer systems, including the clusion in applications under subsection (c); There are authorized to be appropriated to research areas described in section 4(a)(1) of and the Secretary of Commerce for the National the Cyber Security Research and Develop- ‘‘(D) monitoring the progress of research Institute of Standards and Technology— ment Act. Senior research fellowships shall projects supported under the program. (1) for activities under section 22 of the Na- be made available for established researchers ‘‘(e) REVIEW OF PROGRAM.—(1) The Director tional Institute of Standards and Technology at institutions of higher education who seek shall periodically review the portfolio of re- Act, as added by section 8 of this Act— to change research fields and pursue studies search awards monitored by each program (A) $25,000,000 for fiscal year 2003; related to the security of computer systems. manager designated in accordance with sub- (B) $40,000,000 for fiscal year 2004; ‘‘(3)(A) To be eligible for an award under section (d). In conducting those reviews, the (C) $55,000,000 for fiscal year 2005; this subsection, an individual shall submit Director shall seek the advice of the Com- (D) $70,000,000 for fiscal year 2006; an application to the Director at such time, puter System Security and Privacy Advisory (E) $85,000,000 for fiscal year 2007; and in such manner, and containing such infor- Board, established under section 21, on the (F) such sums as may be necessary for fis- mation as the Director may require. appropriateness of the research goals and on cal years 2008 through 2012; and ‘‘(B) Under this subsection, the Director is the quality and utility of research projects (2) for activities under section 20(d) of the authorized to provide stipends for post-doc- managed by program managers in accord- National Institute of Standards and Tech- toral research fellowships at the level of the ance with subsection (d). nology Act, as added by section 10 of this Institute’s Post Doctoral Research Fellow- ‘‘(2) The Director shall also contract with Act— ship Program and senior research fellowships the National Research Council for a com- (A) $6,000,000 for fiscal year 2003; at levels consistent with support for a fac- prehensive review of the program established (B) $6,200,000 for fiscal year 2004; ulty member in a sabbatical position. under subsection (a) during the 5th year of (C) $6,400,000 for fiscal year 2005; ‘‘(c) AWARDS; APPLICATIONS.—The Director the program. Such review shall include an (D) $6,600,000 for fiscal year 2006; and is authorized to award grants or cooperative assessment of the scientific quality of the re- (E) $6,800,000 for fiscal year 2007. agreements to institutions of higher edu- search conducted, the relevance of the re- SEC. 12. NATIONAL ACADEMY OF SCIENCES cation to carry out the program established search results obtained to the goals of the STUDY ON COMPUTER AND NET- under subsection (a). To be eligible for an program established under subsection WORK SECURITY IN CRITICAL IN- award under this section, an institution of (d)(3)(A), and the progress of the program in FRASTRUCTURES. higher education shall submit an application promoting the development of a substantial (a) STUDY.—Not later than 3 months after to the Director at such time, in such man- academic research community working at the date of the enactment of this Act, the ner, and containing such information as the the leading edge of knowledge in the field. Director of the National Institute of Stand- Director may require. The application shall The Director shall submit to Congress a re- ards and Technology shall enter into an ar- include, at a minimum, a description of— port on the results of the review under this rangement with the National Research Coun- ‘‘(1) the number of graduate students an- paragraph no later than six years after the cil of the National Academy of Sciences to ticipated to participate in the research initiation of the program. conduct a study of the vulnerabilities of the S2836 CONGRESSIONAL RECORD — SENATE April 17, 2002

Nation’s network infrastructure and make Sec. 202. Commodity Credit Corporation. (3) NEW PRODUCERS.—In the case of pro- recommendations for appropriate improve- Sec. 203. Regulations. ducers on a farm that planted acreage to a ments. The National Research Council TITLE I—MARKET LOSS ASSISTANCE type of an oilseed during the 2002 crop year shall— SEC. 101. MARKET LOSS ASSISTANCE. but not the 1999, 2000, or 2001 crop year, the (1) review existing studies and associated yield of the producers on a farm under sub- (a) IN GENERAL.—The Secretary of Agri- data on the architectural, hardware, and culture (referred to in this Act as the ‘‘Sec- section (b)(3) shall be equal to the greater software vulnerabilities and interdepend- retary’’) shall, to the maximum extent prac- of— encies in United States critical infrastruc- ticable, use $5,603,000,000 of funds of the Com- (A) the average county yield per harvested ture networks; modity Credit Corporation to make a market acre for each of the 1997 through 2001 crop (2) identify and assess gaps in technical ca- loss assistance payment to owners and pro- years, excluding the crop year with the pability for robust critical infrastructure ducers on a farm that are eligible for a final greatest yield per harvested acre and the network security, and make recommenda- payment for fiscal year 2002 under a produc- crop year with the lowest yield per harvested tions for research priorities and resource re- tion flexibility contract for the farm under acre; or quirements; and the Agricultural Market Transition Act (7 (B) the actual yield of the producers on the (3) review any and all other essential ele- U.S.C. 7201 et seq.). farm for the 2002 crop. ments of computer and network security, in- (b) AMOUNT.—The amount of assistance (4) DATA SOURCE.—To the maximum extent cluding security of industrial process con- made available to owners and producers on a available, the Secretary shall use data pro- trols, to be determined in the conduct of the farm under this section shall be propor- vided by the National Agricultural Statistics study. tionate to the amount of the total contract Service to carry out this subsection. (b) REPORT.—The Director of the National payments received by the owners and pro- SEC. 103. PEANUTS. Institute of Standards and Technology shall ducers for fiscal year 2002 under a production (a) IN GENERAL.—The Secretary shall use transmit a report containing the results of flexibility contract for the farm under the not more than $55,000,000 of funds of the the study and recommendations required by Agricultural Market Transition Act. Commodity Credit Corporation to provide subsection (a) to the Congress not later than SEC. 102. OILSEEDS. payments to producers of quota peanuts or 21 months after the date of enactment of this (a) IN GENERAL.—The Secretary shall use additional peanuts to partially compensate Act. $466,000,000 of funds of the Commodity Credit the producers for continuing low commodity (c) SECURITY.—The Director of the Na- Corporation to make payments to producers prices, and increasing costs of production, tional Institute of Standards and Technology that planted a 2002 crop of oilseeds (as de- for the 2002 crop year. shall ensure that no information that is clas- fined in section 102 of the Agricultural Mar- (b) AMOUNT.—The amount of a payment sified is included in any publicly released ket Transition Act (7 U.S.C. 7202)). made to producers on a farm of quota pea- version of the report required by this sec- (b) COMPUTATION.—A payment to producers nuts or additional peanuts under subsection tion. on a farm under this section for an oilseed (a) shall be equal to the product obtained by (d) AUTHORIZATION OF APPROPRIATIONS.— shall be equal to the product obtained by multiplying— There are authorized to be appropriated to multiplying— (1) the quantity of quota peanuts or addi- the Secretary of Commerce for the National (1) a payment rate determined by the Sec- tional peanuts produced or considered pro- Institute of Standards and Technology for retary; duced on the farm during the 2002 crop year; the purposes of carrying out this section, (2) the acreage determined under sub- and ∑ $700,000. section (c); and (2) a payment rate equal to— (3) the yield determined under subsection (A) in the case of quota peanuts, $30.50 per By Mr. HUTCHINSON: (d). ton; and S. 2183. A bill to provide emergency (c) ACREAGE.— (B) in the case of additional peanuts, $16.00 agricultural assistance to producers of (1) IN GENERAL.—Except as provided in per ton. the 2002 crop; to the Committee on Ag- paragraph (2), the acreage of the producers (c) LOSSES.—The Secretary shall use such riculture, Nutrition, and Forestry. on the farm for an oilseed under subsection sums of the Commodity Credit Corporation as are necessary to offset losses for the 2001 ∑ Mr. HUTCHINSON. Mr. President, I (b)(2) shall be equal to the number of acres planted to the oilseed by the producers on crop of peanuts described in section 155(d) of ask unanimous consent that a copy of the Agricultural Market Transition Act (7 the ‘‘Emergency Agricultural Assist- the farm during the 1999, 2000, or 2001 crop year, whichever is greatest, as determined by U.S.C. 7271(d)). ance Act of 2002’’, which I am intro- the Secretary. SEC. 104. HONEY. ducing today be printed in the RECORD. (2) NEW PRODUCERS.—In the case of pro- (a) IN GENERAL.—The Secretary shall use There being no objection, the bill was ducers on a farm that planted acreage to a $93,000,000 of funds of the Commodity Credit ordered to be printed in the RECORD, as type of oilseed during the 2002 crop year but Corporation to make available recourse follows: not the 1999, 2000, or 2001 crop year, the acre- loans to producers of the 2002 crop of honey on fair and reasonable terms and conditions, S. 2183 age of the producers for the type of oilseed under subsection (b)(2) shall be equal to the as determined by the Secretary. Be it enacted by the Senate and House of Rep- number of acres planted to the type of oil- (b) LOAN RATE.—The loan rate for a loan resentatives of the United States of America in seed by the producers on the farm during the under subsection (a) shall be equal to 85 per- Congress assembled, 2002 crop year, as determined by the Sec- cent of the average price of honey during the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. retary. 5-crop year period preceding the 2002 crop (a) SHORT TITLE.—This Act may be cited as (d) YIELD.— year, excluding the crop year in which the the ‘‘Emergency Agricultural Assistance Act (1) SOYBEANS.—Except as provided in para- average price of honey was the highest and of 2002’’. graph (3), in the case of soybeans, the yield the crop year in which the average price of (b) TABLE OF CONTENTS.—The table of con- of the producers on a farm under subsection honey was the lowest in the period. tents of this Act is as follows: (b)(3) shall be equal to the greater of— (c) TERM OF LOAN.—A loan under this sec- Sec. 1. Short title; table of contents. (A) the average county yield per harvested tion shall have a term of 9 months beginning on the first day of the first month after the TITLE I—MARKET LOSS ASSISTANCE acre for each of the 1997 through 2001 crop years, excluding the crop year with the month in which the loan is made. Sec. 101. Market loss assistance. greatest yield per harvested acre and the SEC. 105. WOOL AND MOHAIR. Sec. 102. Oilseeds. crop year with the lowest yield per harvested (a) IN GENERAL.—The Secretary shall use Sec. 103. Peanuts. acre; or $10,000,000 of funds of the Commodity Credit Sec. 104. Honey. (B) the actual yield of the producers on the Corporation to provide a supplemental pay- Sec. 105. Wool and mohair. farm for the 1999, 2000, or 2001 crop year, as ment under section 814 of the Agriculture, Sec. 106. Cottonseed. determined by the Secretary. Rural Development, Food and Drug Adminis- Sec. 107. Specialty crops. (2) OTHER OILSEEDS.—Except as provided in tration, and Related Agencies Appropria- Sec. 108. Loan deficiency payments. paragraph (3), in the case of oilseeds other tions Act, 2001 (114 Stat. 1549, 1549A–55), to Sec. 109. Payments in lieu of loan deficiency than soybeans, the yield of the producers on producers of wool, and producers of mohair, payments for grazed acreage. a farm under subsection (b)(3) shall be equal for the 2002 marketing year that received a Sec. 110. Milk. to the greater of— payment under that section. Sec. 111. Pulse crops. (A) the average national yield per har- (b) PAYMENT RATE.—The Secretary shall Sec. 112. Tobacco. vested acre for each of the 1997 through 2001 adjust the payment rate specified in that Sec. 113. Livestock feed assistance program. crop years, excluding the crop year with the section to reflect the amount made available Sec. 114. Increase in payment limitations re- greatest yield per harvested acre and the for payments under this section. garding loan deficiency pay- crop year with the lowest yield per harvested SEC. 106. COTTONSEED. ments and marketing loan acre; or The Secretary shall use $100,000,000 of funds gains. (B) the actual yield of the producers on the of the Commodity Credit Corporation to pro- TITLE II—ADMINISTRATION farm for the 1999, 2000, or 2001 crop year, as vide assistance to producers and first-han- Sec. 201. Obligation period. determined by the Secretary. dlers of the 2002 crop of cottonseed. April 17, 2002 CONGRESSIONAL RECORD — SENATE S2837

SEC. 107. SPECIALTY CROPS. ‘‘(A) the quantity of the grazed acreage on (b) LOAN FORFEITURES.—Notwithstanding (a) DEFINITION OF SPECIALTY CROP.—In this the farm with respect to which the producers sections 106 through 106B of the Agricultural section, the term ‘‘specialty crop’’ means on the farm elect to forgo harvesting of Act of 1949 (7 U.S.C. 1445 through 1445–2)— any agricultural commodity, other than wheat, grain sorghum, barley, or oats; and (1) a producer-owned cooperative mar- wheat, feed grains, oilseeds, cotton, rice, ‘‘(B) the payment yield for that contract keting association may fully settle (without peanuts, or tobacco. commodity on the farm. further cost to the Association) a loan made (b) GRANTS.—The Secretary shall use ‘‘(c) TIME, MANNER, AND AVAILABILITY OF for each of the 2000 and 2001 crops of types 21, $150,000,000 of funds of the Commodity Credit PAYMENT.— 22, 23, 35, 36, and 37 of an agricultural com- Corporation to make a grant to each State ‘‘(1) TIME AND MANNER.—A payment under modity under sections 106 through 106B of in an amount that represents the proportion this section shall be made at the same time that Act by forfeiting to the Commodity that— and in the same manner as loan deficiency Credit Corporation the agricultural com- (1) the value of specialty crop production payments are made under section 135. modity covered by the loan regardless of the in the State; bears to ‘‘(2) AVAILABILITY.—The Secretary shall es- condition of the commodity; (2) the value of specialty crop production tablish an availability period for the pay- (2) any losses to the Commodity Credit in all States. ment authorized by this section that is con- Corporation as a result of paragraph (1)— (c) USE.—As a condition of the receipt of a sistent with the availability period for (A) shall not be charged to the Account (as grant under this section, a State shall agree wheat, grain sorghum, barley, and oats es- defined in section 106B(a) of that Act); and to use the grant to support specialty crops. tablished by the Secretary for marketing as- (B) shall not affect the amount of any as- (d) PURCHASES FOR SCHOOL NUTRITION PRO- sistance loans authorized by this subtitle. sessment imposed against the commodity GRAMS.—The Secretary shall use not less ‘‘(d) PROHIBITION ON CROP INSURANCE OR under sections 106 through 106B of that Act; than $55,000,000 of the funds made available NONINSURED CROP ASSISTANCE.—The pro- and under subsection (a) to purchase agricultural ducers on a farm shall not be eligible for in- (3) the commodity forfeited pursuant to commodities of the type distributed under surance under the Federal Crop Insurance this subsection— section 6(a) of the Richard B. Russell Na- Act (7 U.S.C. 1501 et seq.) or noninsured crop (A) shall not be counted for the purposes of tional School Lunch Act (42 U.S.C. 1755(a)) assistance under section 196 with respect to any determination for any year pursuant to for distribution to schools and service insti- a crop of wheat, grain sorghum, barley, or section 319 of the Agricultural Adjustment tutions in accordance with section 6(a) of oats planted on acreage that the producers Act of 1938 (7 U.S.C. 1314e); and that Act. on the farm elect, in the agreement required (B) may be disposed of in a manner deter- SEC. 108. LOAN DEFICIENCY PAYMENTS. by subsection (a), to use for the grazing of mined by the Secretary of Agriculture, ex- Section 135 of the Federal Agriculture Im- livestock in lieu of any other harvesting of cept that the commodity may not be sold for provement and Reform Act of 1996 (7 U.S.C. the crop.’’. use in the United States for human consump- 7235) is amended— SEC. 110. MILK. tion. (1) in subsection (a)(2), by striking ‘‘the Section 141 of the Agricultural Market SEC. 113. LIVESTOCK FEED ASSISTANCE PRO- 2000 crop year’’ and inserting ‘‘each of the Transition Act (7 U.S.C. 7251) is amended by GRAM. 2000 through 2002 crop years’’; and striking ‘‘May 31, 2002’’ each place it appears The Secretary shall use $500,000,000 of funds (2) by striking subsections (e) and (f) and and inserting ‘‘December 31, 2002’’. of the Commodity Credit Corporation to pro- inserting the following: SEC. 111. PULSE CROPS. vide livestock feed assistance to livestock ‘‘(e) BENEFICIAL INTEREST.— producers affected by disasters during cal- (a) IN GENERAL.—The Secretary shall use ‘‘(1) IN GENERAL.—A producer shall be eligi- endar year 2001 or 2002. ble for a payment for a loan commodity $20,000,000 of funds of the Commodity Credit Corporation to provide assistance in the SEC. 114. INCREASE IN PAYMENT LIMITATIONS under this section only if the producer has a REGARDING LOAN DEFICIENCY PAY- form of a market loss assistance payment to beneficial interest in the loan commodity, as MENTS AND MARKETING LOAN determined by the Secretary. owners and producers on a farm that grow a GAINS. 2002 crop of dry peas, lentils, or chickpeas ‘‘(2) APPLICATION.—The Secretary shall Notwithstanding section 1001(2) of the make a payment under this section to the (collectively referred to in this section as a Food Security Act of 1985 (7 U.S.C. 1308(1)), producers on a farm with respect to a quan- ‘‘pulse crop’’). the total amount of the payments specified (b) COMPUTATION.—A payment to owners tity of a loan commodity as of the earlier in section 1001(3) of that Act (7 U.S.C. 1308(3)) and producers on a farm under this section of— that a person shall be entitled to receive for for a pulse crop shall be equal to the product ‘‘(A) the date on which the producers on 1 or more contract commodities and oilseeds obtained by multiplying— the farm marketed or otherwise lost bene- under the Agricultural Market Transition (1) a payment rate determined by the Sec- ficial interest in the loan commodity, as de- Act (7 U.S.C. 7201 et seq.) during the 2002 crop retary; by termined by the Secretary; or year may not exceed $150,000. (2) the acreage of the producers on the ‘‘(B) the date the producers on the farm re- TITLE II—ADMINISTRATION farm for the pulse crop determined under quest the payment.’’. SEC. 201. OBLIGATION PERIOD. subsection (c). SEC. 109. PAYMENTS IN LIEU OF LOAN DEFI- The Secretary and the Commodity Credit (c) ACREAGE.— CIENCY PAYMENTS FOR GRAZED Corporation shall obligate funds only during (1) IN GENERAL.—The acreage of the pro- ACREAGE. fiscal year 2002 to carry out this Act and the ducers on the farm for a pulse crop under (a) IN GENERAL.—Subtitle C of title I of the amendments made by this Act (other than Federal Agriculture Improvement and Re- subsection (b)(2) shall be equal to the num- sections 106, 107, and 110). ber of acres planted to the pulse crop by the form Act of 1996 (7 U.S.C. 7231 et seq.) is SEC. 202. COMMODITY CREDIT CORPORATION. owners and producers on the farm during the amended by adding at the end the following: Except as otherwise provided in this Act, 1999, 2000, or 2001 crop year, whichever is ‘‘SEC. 138. PAYMENTS IN LIEU OF LOAN DEFI- the Secretary shall use the funds, facilities, greatest. CIENCY PAYMENTS FOR GRAZED and authorities of the Commodity Credit ACREAGE. (2) BASIS.—For the purpose of paragraph Corporation to carry out this Act. (1), the number of acres planted to a pulse ‘‘(a) IN GENERAL.—For the 2002 crop of SEC. 203. REGULATIONS. crop by the owners and producers on the wheat, grain sorghum, barley, and oats, in (a) IN GENERAL.—The Secretary may pro- farm for a crop year shall be based on (as de- the case of the producers on a farm that mulgate such regulations as are necessary to termined by the Secretary)— would be eligible for a loan deficiency pay- implement this Act and the amendments ment under section 135 for wheat, grain sor- (A) the number of acres planted to the made by this Act. ghum, barley, or oats, but that elects to use pulse crop for the crop year by the owners (b) PROCEDURE.—The promulgation of the acreage planted to the wheat, grain sor- and producers on the farm, including any regulations and administration of the ghum, barley, or oats for the grazing of live- acreage that is included in reports that are amendments made by this Act shall be made stock, the Secretary shall make a payment filed late; or without regard to— to the producers on the farm under this sec- (B) the number of acres planted to the (1) the notice and comment provisions of tion if the producers on the farm enter into pulse crop for the crop year for the purpose section 553 of title 5, United States Code; an agreement with the Secretary to forgo of the Federal crop insurance program estab- (2) the Statement of Policy of the Sec- any other harvesting of the wheat, grain sor- lished under the Federal Crop Insurance Act retary of Agriculture effective July 24, 1971 ghum, barley, or oats on the acreage. (7 U.S.C. 1501 et seq.). (36 Fed. Reg. 13804), relating to notices of ‘‘(b) PAYMENT AMOUNT.—The amount of a SEC. 112. TOBACCO. proposed rulemaking and public participa- payment made to the producers on a farm (a) PAYMENTS.—The Secretary shall use tion in rulemaking; and under this section shall be equal to the $100,000,000 of funds of the Commodity Credit (3) chapter 35 of title 44, United States amount obtained by multiplying— Corporation to provide supplemental pay- Code (commonly known as the ‘‘Paperwork ‘‘(1) the loan deficiency payment rate de- ments to owners, controllers, and growers of Reduction Act’’). termined under section 135(c) in effect, as of tobacco for which a basic quota or allotment (c) CONGRESSIONAL REVIEW OF AGENCY the date of the agreement, for the county in is established for the 2002 crop year under RULEMAKING.—In carrying out this section, which the farm is located; by part I of subtitle B of title III of the Agricul- the Secretary shall use the authority pro- ‘‘(2) the payment quantity obtained by tural Adjustment Act of 1938 (7 U.S.C. 1311 et vided under section 808 of title 5, United multiplying— seq.), as determined by the Secretary. States Code.∑ S2838 CONGRESSIONAL RECORD — SENATE April 17, 2002 By Mr. BREAUX (for himself, Mr. vote. She stated in a March 6, 2001, let- We have been as patient as possible SPECTER, Mrs. LINCOLN, Ms. ter to me: with this Administration, but it is LANDRIEU, Mr. CLELAND, Mr. Let me assure you that in the event a clear that they have no intention of ad- JOHNSON, Mr. BAUCUS, Mr. Joint Resolution of Disapproval becomes dressing this problem in a serious man- BAYH, Mrs. CLINTON, Mr. DODD, law, I intend to pursue a comprehensive ap- ner. Time is running out for the mil- Mr. EDWARDS, Mr. FEINGOLD, proach to ergonomics which may include lions of workers at risk of repetitive new rulemaking that addresses the concerns Mrs. FEINSTEIN, Mr. KENNEDY, stress injury. Congress must act now. levied against the current standard. Mr. LIEBERMAN, Mrs. MURRAY, And we must act decisively. Ms. STABENOW, Mr. WELLSTONE, The key word in her response was The bill we introduce today is a bal- Mr. LEVIN, Mr. BINGAMAN, Mr. ‘‘may,’’ and I remain disappointed that anced approach to fashioning a repet- REED, Mr. HARKIN, Ms. MIKUL- the plan put forward by the Depart- itive stress injury standard that will SKI, Mr. DURBIN, Mr. JEFFORDS, ment of Labor does not include such a benefit all workers. In particular it re- Mr. DAYTON, and Ms. CANT- new rulemaking. For that reason, I be- quires the Department of Labor to WELL): lieve it is important to press ahead issue, within two years, a standard for S. 2184. A bill to provide for the with today’s legislation. addressing work-related repetitive reissuance of a rule relating to ∑ Mr. WELLSTONE. Mr. President, I stress injuries and workplace ergo- ergonomics; to the Committee on am pleased to join as an original co- nomic hazards. The bill requires the Health, Education, Labor, and Pen- sponsor of S. 2184, which provides for new standard to describe in clear terms sions. reissuance by the Department of Labor when an employer is required to take Mr. SPECTER. Mr. President, I have of a rule to prevent repetitive stress in- action, what actions the employer sought recognition today to join my juries. Too much time has passed with must take, and when an employer is in colleague Senator BREAUX in intro- too little action on what is acknowl- compliance with the standard. Under ducing legislation which would require edged to be the most critical workplace the bill’s terms the new standard must the Secretary of Labor to issue a new safety issue we face. After a year of in- emphasize prevention and cover work- ergonomics standard within two years action and delay, it is clear that this ers at risk only where measures exist of the bill’s enactment. The measure is Administration is not serious about to control the hazards that are both similar to legislation I cosponsored protecting workers from repetitive economically and technologically fea- last year, S. 598, but includes addi- stress injury hazards in the workplace. sible. The standard must be based on tional provisions to ensure that a truly Congress must now step in and require the best available evidence and em- protective standard is issued. the Department to act. ployer experience with effective prac- Following the overturning of the This is a problem that affects count- tices. Finally, the bill clarifies that the Clinton Administration’s proposed less numbers of workers. Each year, new rule cannot expand the application ergonomics regulation by Congress in roughly 1.8 million workers suffer re- of state workers’ compensation laws, it 2001, I expected the Department of petitive stress injuries on the job. That requires the Department of Labor to Labor to issue a new rule to protect translates to 5000 injured workers a issue information and training mate- our Nation’s workers. Rather than im- day, one worker injured every 18 sec- rials, and provides the Department plement a new standard, however, the onds. Women suffer disproportionately with authority and flexibility to issue Department unveiled an ergonomics from repetitive stress injuries. In par- an appropriate standard. plan on April 5, 2002, that calls for vol- ticular, 67 percent of reported carpal In sum, this bill represents a bal- untary industry guidelines, enforce- tunnel cases and 61 percent of anced and comprehensive approach to ment measures, and workplace out- tendonitis cases are women, even dealing with the most serious work- reach. I have concern that such an ap- though women comprise only 46 per- place safety issue we face. I urge my proach adequately addresses the safety cent of the work force and account for colleagues to join me in supporting of our Nation’s workforce. only 33 percent of total workplace inju- this measure. Action on the issue of re- I voted in favor of the Joint Resolu- ries. petitive stress injury is long overdue.∑ tion of Disapproval of the proposed Notwithstanding the gravity of the ergonomics standard because I had con- problem, this Administration and its By Mr. CLELAND: cerns over its potential cost and com- Republican allies in Congress saw fit to S. 2185. A bill to amend the Employee plexity. Last year, as Chairman of the overturn the ten years of effort that Retirement Income Security Act of Labor, Health and Human Services and went into developing an OSHA stand- 1974 to provide workers with individual Education Appropriations Sub- ard for protecting workers from repet- account plans with information on how committee, I held two hearings on this itive stress injury hazards in the work- the assets in their accounts are in- contentious matter where I heard from place. In its place, Secretary of Labor vested and of the need to diversify the witnesses on both sides of the debate. Chao and President Bush promised a investment of the assets; to the Com- They testified that the potential costs ‘‘comprehensive plan’’ to combat this mittee on Health, Education, Labor, of the rule ranged from $4.5 billion to serious workplace safety issue. and Pensions. as much as $1 trillion. There was also Yet after months of delays and inac- ∑ Mr. CLELAND. Mr. President, today considerable disagreement over wheth- tion, what the Department of Labor I am introducing a bill designed to pro- er the regulation needed to be as com- has now produced is a sham. It’s em- mote investor education. The collapse plex as it was. I came away from these phasis on voluntariness, toothless en- of Enron has left Congress searching hearings with the conclusion that forcement, and unnecessary and dupli- for answers as to how such a disaster there was a need for promoting worker cative research in my view turns the could have happened and how it can be safety. But I was also concerned as to clock back to before the first Bush Ad- prevented from happening in the fu- whether the entire matter ought to be ministration when Secretary of Labor ture. I serve on both the Commerce and substantially simpler. Lynn Martin initiated the repetitive Governmental Affairs Committees I firmly believe that the best way to stress injury rulemaking proceeding. which are investigating Enron and a protect our Nation’s workers from Voluntary approaches alone have not central concept I have taken away work-related musculoskeletal disorders protected workers from repetitive from these investigations is the impor- and workplace hazards is for the De- stress injuries. OSHA itself reports tance of ensuring that investors have partment of Labor to issue a new that only 16 percent of employers in adequate and current information re- ergonomics standard, but one that is general industry have put in place garding their retirement plans. Em- substantially simpler than the rule ergonomic programs to reduce hazards. ployees need to be armed with knowl- overturned last year. I had hoped that Each year 1.8 million workers suffer re- edge in order to protect themselves and the Department would take action on petitive stress injuries and recent Bu- their hard earned retirement savings. its own to issue a new rule, and Sec- reau of Labor Statistics reports show My bill would require that employee retary of Labor Elaine L. Chao left that injury numbers and rates are in- investors in company 401(k) plans re- open this possibility in response to an creasing, particularly in high risk in- ceive quarterly reports detailing the inquiry I made prior to the ergonomics dustries and occupations. contents of their 401(k) plans. Under April 17, 2002 CONGRESSIONAL RECORD — SENATE S2839 current law, employers are only re- respect to his or her individual account during disasters. In order to improve quired to provide annual reports with a which includes— emergency preparedness without sacri- statement of benefits accrued under ‘‘(A) the fair market value as of the close ficing its primary mission, caring for the plan. Enron certainly illustrates of such quarter of the assets in the account the Nation’s veterans, the Secretary in each investment option, what a difference a year makes. Em- ‘‘(B) the percentage as of such calendar has proposed creating an Office of Op- ployees should have timely access to quarter of assets which each investment op- erations, Security, and Preparedness to information about their 401(k) plan, en- tion is of the total assets in the account, help coordinate preparedness strate- abling them to make choices in their ‘‘(C) the percentage of the investment in gies, both within VA and with other investments. My bill would require employer securities which came from em- Federal, State, and local agencies. that employees receive quarterly re- ployer contributions other than elective de- I ask unanimous consent that the ports with a specific listing of: 1. the ferrals (and earnings thereon) and which text of the bill and Secretary Principi’s fair market value of the assets of each came from employee contributions and elec- transmittal letter that accompanied tive deferrals (and earnings thereon), and investment option; 2. the percentage of ‘‘(D) such other information as the Sec- the draft legislation be printed in the plan investment in each asset; and 3. retary may prescribe. RECORD. the percentage of investments in em- ‘‘(2)(A) Each statement shall also include a There being no objection, the mate- ployer securities and how much of that separate statement which is prominently rial was ordered to be printed in the investment came from employee con- displayed and which reads as follows: RECORD, as follows: tributions. ‘Under commonly accepted principles of S. 2186 good investment advice, a retirement ac- My bill would also require that quar- Be it enacted by the Senate and House of Rep- count should be invested in a broadly diver- terly reports contain a ‘‘warning label’’ resentatives of the United States of America in sified portfolio of stocks and bonds. It is un- Congress assembled, informing employees of the potential wise for employees to hold significant con- danger of investing too heavily in em- centrations of employer stock in an account SECTION 1. SHORT TITLE. ployer stock. I believe that employees that is meant for retirement savings’. SHORT TITLE.—This Act may be cited as should have the ability to choose how ‘‘(B) The plan administrator of an applica- the ‘‘Department of Veterans Affairs Reorga- to invest and diversify their own 401(k) ble individual account plan shall provide the nization Act of 2002’’. plan. However, I also believe employees separate statement described in subpara- SEC. 2. REFERENCES TO TITLE 38, UNITED graph (A) to an individual at the time the in- STATES CODE. should be able to make informed Except as otherwise expressly provided, choices. Providing employees with the dividual first becomes a participant in the plan. whenever in this Act an amendment is ex- basic information that investing too ‘‘(3) Any statement or notice under this pressed in terms of an amendment to a sec- heavily in any one security, including subsection shall be written in a manner cal- tion or other provision, the reference shall their own company stock, violates culated to be understood by the average plan be considered to be made to a section or commonly accepted investing prin- participant. other provision of title 38, United States ciples is simple common sense. Thus, ‘‘(4) For purposes of this subsection— Code. ‘‘(A) The term ‘applicable individual ac- SEC. 3. INCREASE THE NUMBER OF AUTHORIZED my bill requires that a warning label ASSISTANT SECRETARIES; REVISION be provided to employees upon enroll- count plan’ means an individual account plan to which section 404(c)(1) applies. OF FUNCTIONS. ment in a plan and included in quar- ‘‘(B) The term ‘elective deferrals’ has the Section 308 is amended: terly reports that reads: Under com- meaning given such term by section 402(g)(3) (a) in subsection (a) by substituting monly accepted principles of good in- of such Code. ‘‘seven’’ for ‘‘six’’ in the first sentence. (b) by adding to the end of subsection (b) vestment advice, a retirement account ‘‘(C) The term ‘employer securities’ has the the following new paragraph (11): meaning given such term by section should be invested in a broadly diversi- ‘‘(11) Operations, preparedness, security 407(d)(1).’’ fied portfolio of stocks and bonds. It is and law enforcement functions.’’ unwise for employees to hold signifi- (b) ENFORCEMENT.—Section 502(c)(1) of such Act (29 U.S.C. 1132(c)(1)) is amended by strik- SEC. 4. CONFORMING AMENDMENT TO TITLE 5, cant concentrations of employer stock UNITED STATES CODE. ing ‘‘or section 101(e)(1)’’ and inserting ‘‘, Section 5315 of title 5, United States Code, in an account that is meant for retire- section 101(e)(1), or section 104(c)’’. is amended by changing ‘‘Assistant Secre- ment savings. (c) EFFECTIVE DATE.—The amendments We may not be able to prevent com- made by this section shall apply to calendar taries, Department of Veterans Affairs (6)’’ pany executives from lying, cheating quarters beginning on and after January 1, to ‘‘Assistant Secretaries, Department of and stealing like the executives of 2003.∑ Veterans Affairs (7)’’. Enron, though we should ensure a cli- By Mr. ROCKEFELLER (by re- THE SECRETARY OF VETERANS AFFAIRS, mate of strict enforcement to deter Washington, April 12, 2002. quest): such behavior. However, we can arm Hon. RICHARD B. CHENEY, employees with the information and S. 2186. A bill to amend title 38, President of the Senate, tools to protect themselves and their United States Code, to establish a new Washington, DC. retirement savings. I ask unanimous Assistant Secretary to perform oper- DEAR MR. PRESIDENT: There is transmitted consent that the text of the bill be ations, preparedness, security and law herein a draft bill ‘‘To amend title 38, United States Code, to increase the number of cer- printed in the RECORD. enforcement functions, and for other purposes; to the Committee on Vet- tain Officers to perform operations, pre- There being no objection, the bill was paredness, security and law enforcement ordered to be printed in the RECORD, as erans’ Affairs. ∑ functions, and for other purposes.’’ We re- follows: Mr. ROCKEFELLER. Mr. President, quest that it be referred to the appropriate S. 2185 today I introduce legislation requested committee for prompt consideration and en- by the Secretary of Veterans Affairs, Be it enacted by the Senate and House of Rep- actment. resentatives of the United States of America in as a courtesy to the Secretary and the America has entered into an extended war Congress assembled, Department of Veterans Affairs, VA. against terrorism in which the front lines in- clude the home front as well as the foreign SECTION 1. INDIVIDUAL ACCOUNT PLANS RE- Except in unusual circumstances, it is QUIRED TO GIVE PARTICIPANTS my practice to introduce legislation re- battlefield. The tragic events of September ADEQUATE INFORMATION TO ASSIST quested by the Administration so that 11, 2001, served as a reminder that terrorists THEM IN DIVERSIFYING PENSION are willing and able to attack our civilian ASSETS. such measures will be available for re- population, our centers for military com- (a) IN GENERAL.—Section 104 of the Em- view and consideration. mand and control, and our economic system. ployee Retirement Income Security Act of This ‘‘by-request’’ bill would allow The anthrax attacks that surfaced during 1974 (29 U.S.C. 1024) is amended— VA to create an office, directed by an October underscored our nation’s vulner- (1) by redesignating subsections (c) and (d) Assistant Secretary, to address oper- ability to asymmetric attacks. as subsections (d) and (e), respectively, and ations, preparedness, security, and law National Defense and Homeland Security (2) by inserting after subsection (b) the fol- enforcement functions. With the in- Offices project that terrorist attacks on the lowing new subsection: creased focus on homeland security has United States will continue. Terrorists may ‘‘(c)(1) The plan administrator of an appli- use any lethal means against domestic tar- cable individual account plan shall, within a come increased emphasis on the role gets, including chemical, biological, radio- reasonable period of time following the close that VA is expected to play in pro- logical, or kinetic devices. Moreover, we can of each calendar quarter, provide to each viding medical care to veterans, active assume that terrorists and other entities participant or beneficiary a statement with duty military personnel, and civilians supporting terrorists may use chemical or S2840 CONGRESSIONAL RECORD — SENATE April 17, 2002 biological weapons against U.S. military The proposed OSP will enable the Depart- aster or medical emergency, and for members engaged in combat operations. VA ment and its three administrations—Vet- other purposes; to the Committee on must anticipate military casualties in num- erans Health Administration (VHA), Vet- Veterans’ Affairs. bers or of a type that could tax the Depart- erans Benefits Administration (VBA), and ∑ Mr. ROCKEFELLER. Mr. President, I ment of Defense (DOD) medical system. Ad- National Cemetery Administration (NCA)— introduce legislation today to high- ditionally, the United States can expect ter- to operate more cohesively in this new, un- rorists to attempt to degrade our national certain environment, and will help assure light, and acknowledge in law, a mis- infrastructure by any means available to continuity of operations in the event of an sion that already exists in fact: VA’s them, including sabotage and cyber warfare. emergency situation. OSP will: role in offering health care and support Congress has assigned to the Department (a) Ensure that operational readiness and to individuals affected by disasters. I of Veterans Affairs statutory functions for emergency preparedness activities enhance am pleased to be joined in offering this response to terrorist attacks and other emer- VA’s ability to continue its ongoing services legislation by my colleague on the Vet- gencies and disasters, that are especially (Continuity of Operations); erans’ Affairs Committee, Senator challenging, particularly when compared (b) Coordinate and execute emergency pre- with those of some other executive branch paredness and crisis response activities both DANIEL AKAKA. agencies. The statutory functions include VA-wide and with other Federal, State, local VA’s first, and most familiar, three the duty to provide medical services to mili- and relief agencies; missions include caring for our Na- tary personnel referred in time of war by the (c) Develop and maintain an effective tion’s veterans, training future health Department of Defense; responsibilities in working relationship with the newly estab- care personnel, and fostering scientific four emergency support functions, as tasked lished US Office of Homeland Security and and clinical research to improve future under the Federal Response Plan by the Fed- reinforce existing relationships with the De- medical care. In 1982, Congress assigned eral Emergency Management Agency under partment of Defense (DOD), Federal Emer- to VA a fourth mission: serving as the the Stafford Act; and the role of providing gency Management Agency, Department of care to members of the community during Health and Human Services, Centers for Dis- primary medical back-up system to the emergencies on a humanitarian basis. ease Control and Prevention, Department of Department of Defense during times of We can properly perform these responsibil- Justice, and other agencies actively involved war or domestic emergencies. If nec- ities, however, only in a way that ensures in continuity of government, counter-ter- essary, VA estimates that it could the effective continuity of VA’s primary mis- rorism and homeland defense; make about 3200 beds available imme- sion of serving veterans. (d) Ensure enforcement of the law and The Department of Veterans Affairs (VA or diately, and about 5500 beds within 72 oversee the protection of employees and vet- hours, to care for injured troops. the Department) has emerged from the erans using VA facilities while ensuring the events of the past few months with a height- VA has expanded this Fourth Mission physical security of VA’s infrastructure; to encompass a much greater share of ened commitment to our statutory roles as a (e) Evaluate preparedness programs and de- key support agency for disaster response and velop Department-wide training programs the Federal responsibility for public mitigation, including response to the use of that enhance VA’s readiness and exercises. health during crises beyond caring for nuclear, chemical, or biological weapons of The creation of this new organization will active duty military casualties. VA mass destruction (WMD), as well as its tradi- shift responsibility for emergency prepared- also serves as a supporting agency in tional Federal Response Plan roles. Since ness, continuity of operations, continuity of the Federal Response Plan for domestic September 11, VA has joined with other Fed- government, law enforcement, physical secu- eral agencies in greatly expanded inter-agen- disasters, as a cornerstone of the Na- rity, and personnel security programs from tional Medical Disaster System, and by cy work. The necessary time commitment the Office of the Assistant Secretary for will expand further as the Homeland Secu- Human Resources and Administration managing the National Pharma- rity Council (HSC), Federal Emergency Man- (HR&A) to OSP. The Office of Security & ceutical Stockpile. Through these pro- agement Agency (FEMA), Department of Law Enforcement (S&LE) will be transferred grams, VA provides personnel, supplies Health and Human Services (HHS), and De- from HR&A to OSP. In addition, all or part and medications, facilities, and, if nec- partment of Defense (DoD) programs become of the following functions and offices will essary, direct patient care to commu- fully operational and expand, and VA is transfer from VHA’s Emergency Manage- nities whose resources have been over- asked to provide additional support. ment Strategic Healthcare Group (EMSHG) whelmed by medical crises. In response, VA is reorganizing certain of to OSP: DOD contingency support, National its elements in order to best meet its respon- VA conducts large-scale disaster Disaster Medical System, and Federal Re- training exercises with its military sibility to protect veterans, employees, and sponse Plan. visitors to its facilities, to assure the con- The reorganization establishing OSP would partners, cooperates with other agen- tinuity of veterans’ services, while at the create a standing, around-the-clock readi- cies to staff emergency medical teams same time providing enhanced emergency ness operations capability to monitor poten- during high-profile public events, and preparedness and planning. These respon- tial and ongoing situations of concern to the can deploy its group of experts in radi- sibilities, which in recent months have be- Department and its administrators. It would ological medicine anywhere in the come even more imperative, belong to VA as create a more resourced and focused ap- United States within a day. VA’s men- a whole. They thus transcend the Adminis- proach to coordinating and executing the De- trations and the staff offices. To help ensure tal health care professionals offer ex- partment’s missions to respond as a key sup- pertise in post-traumatic stress dis- the Department as a whole meets these port agency in national emergencies and to broad responsibilities, VA needs a separate, provide contingency support to DOD in time order counseling that is unparalleled and a separately accountable, coordinating of war. anywhere in the world. and policymaking entity. This reorganiza- This proposed organization would have the VA has responded to every major do- tion creates a new Office of Operations, Se- capability to meet both ongoing and pro- mestic disaster of the last two decades, curity & Preparedness (OSP) to carry out jected operations center requirements, while including the Oklahoma City attack, Operations, Preparedness, Security and Law providing sufficient personnel to address De- and Hurricanes Andrew and Floyd, by Enforcement functions. VA’s experiences partmental planning and policy development during the last several months of increased sharing skilled medical staff and sup- needs, and to conduct ongoing training and plies with community caregivers. Fol- emergency management activities dem- evaluation at the Departmental level. In ad- onstrate that OSP requirements are full- dition, OSP would help the Department ad- lowing catastrophic flooding in Hous- time activities for an Assistant Secretary. In dress growing inter-agency cooperation re- ton last year, the local VA medical order to provide appropriate leadership and sponsibilities, much of which is required to center remained the only area hospital accountability, the reorganization places support the Homeland Security Council. with power, and its staff extended care OSP under a new Assistant Secretary. Exec- The Office of Management and Budget has to rescue workers and the public. On utive Branch requirements, as well as the advised that there is no objection from the September 11, VA physicians cared for strategic and day-to-day requirements of standpoint of the Administration’s program OSP are significant and require a full-time at least 68 injured individuals in New to the submission of this proposed legisla- York, and VA coordinators identified Assistant Secretary to provide the necessary tion to the Congress. level of executive representation and leader- Sincerely yours, more than half of the 20,000 beds that ship and to meet time demands. ANTHONY J. PRINCIPI.∑ would have been available for the care To support the establishment of this new of victims in New York and Virginia organization, this draft bill would amend By Mr. ROCKEFELLER (for him- through VA’s community hospital section 308 of title 38, United States Code, to self and Mr. AKAKA): partnerships. In the weeks following increase the number of Assistant Secretaries from six to seven and would add Operations, S. 2187. A bill to amend title 38, the terrorist attacks, VA continued to Preparedness, Security and Law Enforce- United States Code to authorize the provide skilled medical specialists, in- ment functions to the functions and duties Secretary of Veterans Affairs to fur- cluding mental health professionals, to to be assigned to the Assistant Secretaries. nish health care during a major dis- care for rescue workers and April 17, 2002 CONGRESSIONAL RECORD — SENATE S2841 servicemembers in New York and at sons eligible for care and services in medical sections 1701(5), 101(28), and 1701(6) of this the Pentagon. facilities of the Department with the excep- title, respectively.’’.∑ The legislation that we introduce tion of— ∑ Mr. AKAKA. Mr. President, I am today would confer no new responsibil- ‘‘(1) veterans with service-connected dis- pleased to cosponsor the legislation of- abilities; and fered by the Senator from West Vir- ities or missions upon VA, but would ‘‘(2) members of the Armed Forces on ac- recognize VA’s already enormous con- ginia, Mr. ROCKEFELLER, to authorize tive duty who are furnished health-care serv- the Department of Veterans Affairs, tribution to public safety and emer- ices under section 8111A of this title. gency preparedness. As Congress con- ‘‘(e)(1) The cost of any care or services fur- VA, existing emergency preparedness tinues to prepare for the threat of ter- nished under this section to an officer or em- activities. rorism, it becomes increasingly impor- ployee of a department or agency of the Fed- Currently, VA participates in the Na- tant to focus not only the public health eral Government other than the Department tional Disaster Medical System, NDMS, and the Federal Response Plan community, but those capable of pro- shall be reimbursed at such rates as may be agreed upon by the Secretary and the head of through VA’s Fourth Mission, man- viding medical care during mass cas- such department or agency based on the cost dated by Congress in 1982 to establish ualty events. of the care or service furnished. As the largest health care system in VA’s role as the medical back-up to the ‘‘(2) Amounts received by the Department military during conflicts. When VA has the nation, VA medical centers can and under this subsection shall be credited to the offered medical care to the general will offer invaluable services during a funds allotted to the Department facility public during every major U.S. disaster public health care emergency, whether that furnished the care or services con- since Hurricane Andrew, it has done so that emergency is terrorism or a nat- cerned. without the statutory authority to ural disaster. When VA health care ‘‘(f) Within 60 days of the commencement of a disaster or emergency referred to in sub- care for non-veterans and non-active- providers are called upon to care for section (b) in which the Secretary furnishes duty military personnel. The VA Emer- disaster victims, they serve not only as care and services under this section (or as gency Medical Care Act of 2002 would part of the Federal response to emer- soon thereafter as is practicable), the Sec- give this authority. gencies, but as part of the communities retary shall submit to the Committees on Already an active participant in dis- in which they live. This legislation Veterans’ Affairs of the Senate and the aster response and preparedness, VA would extend the Congressional man- House of Representatives a report on the Secretary’s allocation of facilities and per- partners with the Departments of De- date calling upon VA to provide care fense and Health and Human Services for active duty military personnel dur- sonnel in order to furnish such care and serv- ices. and the Federal Emergency Manage- ing a disaster to recognize VA’s con- ‘‘(g) The Secretary shall prescribe regula- ment Agency, FEMA, to form the Na- tribution to general public safety dur- tions governing the exercise of the authority tional Disaster Medical System, ing crises. I urge my colleagues in the of the Secretary under this section.’’. NDMS. The Act would codify and au- Senate to join Senator AKAKA and me (2) The table of sections at the beginning of thorize VA’s existing efforts to provide in supporting this legislation. that chapter is amended by inserting after health care to the general public fol- I ask unanimous consent that the the item relating to section 1711 the fol- lowing new item: lowing activation of the NDMS. text of the bill be printed in the VA is an emergency responder RECORD. ‘‘1711A. Care and services during major disas- through the Federal Response Plan, a ters and medical emergencies.’’. There being no objection, the bill was signed agreement between 27 Federal ordered to be printed in the RECORD, as (b) EXCEPTION FROM REQUIREMENT FOR agencies and the Red Cross that coordi- follows: CHARGES FOR EMERGENCY CARE.—Section 1711(b) of that title is amended by striking nates Federal assistance when State S. 2187 ‘‘The Secretary’’ and inserting ‘‘Except as and local resources are overwhelmed by Be it enacted by the Senate and House of Rep- provided in section 1711A of this title with a major disaster. VA serves as a sup- resentatives of the United States of America in respect to a disaster or emergency covered port agency for four of the Emergency Congress assembled, by that section, the Secretary’’. Support Functions outlined in the Fed- SECTION 1. SHORT TITLE. (c) MEMBERS OF THE ARMED FORCES.—Sub- eral Response Plan, including Mass This Act may be cited as the ‘‘Department section (a) of section 8111A of that title is Care and Health and Medical Services. of Veterans Affairs Emergency Medical Care amended to read as follows: Act of 2002’’. ‘‘(a)(1) During and immediately following a VA is also the principle provider of SEC. 2. AUTHORITY TO FURNISH HEALTH CARE period of war, or a period of national emer- mental health services to disaster sur- DURING MAJOR DISASTERS AND gency declared by the President or Congress vivors. MEDICAL EMERGENCIES. that involves the use of the Armed Forces in I commend the work done by VA em- (a) IN GENERAL.—(1) Subchapter II of chap- armed conflict, the Secretary may furnish ployees in responding to national emer- ter 17 of title 38, United States Code, is hospital care, nursing home care, and med- gencies. Because of their dedication amended by inserting after section 1711 the ical services to members of the Armed and initiative, this legislation does not following new section: Forces on active duty. create new VA programs nor authorize ‘‘§ 1711A. Care and services during major dis- ‘‘(2)(A) During and immediately following any additional funds. I urge my col- asters and medical emergencies a disaster or emergency referred to in sub- leagues to support the Department of ‘‘(a) During and immediately following a paragraph (B), the Secretary may furnish disaster or emergency referred to in sub- hospital care and medical services to mem- Veterans Affairs Emergency Medical section (b), the Secretary may furnish hos- bers of the Armed Forces on active duty re- Care Act of 2002. This legislation is a pital care and medical services to individuals sponding to or involved in such disaster or first step in acknowledging the work responding to, involved in, or otherwise af- emergency, as the case may be. that VA performs now to help all fected by such disaster or emergency, as the ‘‘(B) A disaster or emergency referred to in Americans respond to major disasters case may be. this subparagraph is any disaster or emer- and medical crises.∑ ‘‘(b) A disaster or emergency referred to in gency follows: this subsection is any disaster or emergency ‘‘(i) A major disaster or emergency de- By Mr. BREAUX (for himself and clared by the President under the Robert B. as follows: Mr. BURNS): ‘‘(1) A major disaster or emergency de- Stafford Disaster Relief and Emergency As- S. 2188. A bill to require the Con- sistance Act (42 U.S.C. 5121 et seq.). clared by the President under the Robert B. sumer Product Safety Commission to Stafford Disaster Relief and Emergency As- ‘‘(ii) A disaster or emergency in which the sistance Act (42 U.S.C. 5121 et seq.). National Disaster Medical System is acti- amend its flammability standards for ‘‘(2) A disaster or emergency in which the vated. children’s sleepwear under the Flam- National Disaster Medical System is acti- ‘‘(3) The Secretary may give a higher pri- mable Fabrics Act; to the Committee vated. ority to the furnishing of care and services on Commerce, Science, and Transpor- ‘‘(c) The Secretary may furnish care and under this section than to the furnishing of tation. services under this section to veterans with- care and services to any other group of per- ∑ Mr. BREAUX. Mr. President, today, out regard to their enrollment in the system sons eligible for care and services in medical along with Senator BURNS, I am intro- of annual patient enrollment under section facilities of the Department with the excep- ducing the Children’s Safe Sleepwear 1705 of this title. tion of veterans with service-connected dis- ‘‘(d) The Secretary may give a higher pri- abilities. and Burn Prevention Act of 2002. This ority to the furnishing of care and services ‘‘(4) In this section, the terms ‘hospital legislation is designed to prevent under this section than to the furnishing of care’, ‘nursing home care’, and ‘medical serv- sleepwear-related burn injuries and re- care and services to any other group of per- ices’ have the meanings given such terms by verse the 1997 decision of the Consumer S2842 CONGRESSIONAL RECORD — SENATE April 17, 2002 Product Safety Commission on chil- fants and flees the burning house. SEC. 2. AMENDMENTS TO CHILDREN’S dren’s sleepwear safety regulations. Sparks are flying, but the infants gar- SLEEPWEAR FLAMMABILITY REGU- LATIONS. In 1996, the CPSC made two principle ments do not ignite because they are (a) IN GENERAL.—The Consumer Product changes to the sleepwear safety regula- flame resistent. If the sleepwear is not Safety Commission (in this Act referred to tions. First, the Commission deter- flame resistant, the sparks catch the as the ‘‘Commission’’) shall, with respect to mined that because children age 0–9 clothing. the Commission’s flammability standards for months were not mobile, they were not The Children’s Safe Sleepwear and children’s sleepwear sizes 0 through 14, pro- at risk from fire. Consequently, the re- Burn Prevention Act directs the Com- mulgated pursuant to the Flammable Fab- vised regulations totally exempted rics Act (15 U.S.C. 1191 et seq.; parts 1615 and mission to restore the safety protec- 1616 of title 16, Code of Federal Regula- sleepwear for young infants from any tions that it removed in 1997. Hence- tions)— safety regulations. Second, the CPSC forth, young infants will not have to (1) not enforce or enact a standard with re- decided that so-called ‘‘tight-fitting’’ face the dangers of using sleepwear spect to children’s sleepwear that— sleepwear did not have to meet any fire that provides no protection whatsoever (A) exempts— safety requirements on the mistaken against fire. Tight-fitting or snug (i) diapers and underwear (including dis- assumption that tight-fitting garments sleepwear will also have to meet these posable diapers and underwear); do not burn. fire safety requirements. There is, how- (ii) infant garments sizes 0 through 6X, in- fant garments sizes 9 months or smaller, or As a result of the Commission’s ac- ever, more that must be done to ensure tion, I heard from the Shriners Hos- other garments described in part 1615.1(c) of a fire safety environment for our chil- title 16, Code of Federal Regulations; or pital in Shreveport, Louisiana. The dren. (iii) tight-fitting garments; or Shirners Hospitals for children operate Another problem regarding the chil- (B) includes as a part of any definition of four burn centers in the United States dren’s sleepwear regulations must be children’s sleepwear (or of any item of such and treat over 20 percent of all serious addressed. Under the CPSC’s regula- sleepwear) a standard based on the intent of pediatric burns in the country. The tions, even the pre-1997 version, cloth- the manufacturer or retailer; and Shriners Hospitals conducted a study (2) provide a functional definition of chil- ing that the manufacturer did not in- dren’s sleepwear for ages 0 through 7 years comparing the incidence of sleepwear- tend to be used as sleepwear were not related burn injuries during the period (encompassing, at a minimum, infant and required to meet the flammability children’s garment sizes 2 through 6X, as 1995–1996, before the regulations were safety requirements. Consequently, a such sizes are defined by the Department of changed, to the period 1998–1999 after manufacturer could simply label an Commerce Voluntary Product Standard (pre- the changes had been put in place. item as day wear as sleepwear and viously identified as Commercial Standard The results of the Shriners study are completely avoid the safety require- CS151–50 ‘‘Body Measurements for the Sizing sobering indeed. From 1995–1996, ments. of Apparel for Infants, Babies, Toddlers, and Shriners Hospitals treated 14 children Children’’), including children’s clothing This legislation eliminates this ‘‘la- for sleepwear-related burn injuries. For used with some regularity as sleepwear, such beling loophole’’ by creating a func- the period 1998–1999, the number of as— tional definition of sleepwear for chil- (A) ‘‘togs’’; children suffering from these dren up to seven years of age. If, as a (B) ‘‘onesies’’; sleepwear-related burns increased to 36, practical matter, clothing is used for (C) body suits with snaps at the bottom for a 157 percent increase! sleepwear, then should meet the safety easy access to a diaper; The Shriners Hospitals also examined requirements. The legislation provides (D) all-in-one ‘‘bunny’’ suits with enclosed pediatric burn injuries where it was feet; and some guidance as to what types of gar- impossible to determine the exact type (E) any garments sized for children ages 0 ments are used for sleepwear with some of clothing involved or where the chil- through 7 years with cartoon characters or regularity such as togs, bunny suits dren was not technically wearing symbols that the Commission finds are par- and garments with cartoon characters sleepwear but may have been using this ticularly attractive to young children. that are particularly attractive to (b) RULEMAKING.—Notwithstanding any clothing to sleep in. Over the relevant young children. other provision of law, not later than 180 time period, the number of children days after the date of enactment of this Act, suffering clothing-related burn injuries One might ask what alternatives are the Commission shall promulgate regula- increased from 70 to 147, a 110 percent there to untreated cotton. Advances in tions with respect to the flammability of increase! Similarly, the number of pe- technology now provide such alter- children’s sleepwear consistent with the pro- diatric burn injuries where it was im- natives. Cotton can be treated with a visions of this Act. flame retardant that does not wash out (c) EFFECTIVE DATE.—Sleepwear manufac- possible to determine anything about tured or imported on or before the effective the clothing being worn because the because it is bonded to the cotton through a chemical process at the date of the regulations promulgated by the clothing had been totally burned away Commission under subsection (b) shall not be increased from 218 to 311, a 43 percent atomic level. The treatment adds little treated as being in violation of the Flam- increase! All told, the number of to the cost of children’s sleepwear. mable Fabrics Act or such regulations if the burned children treated at Shriners The defense of our innocent children sleepwear complied with the rules of the Hospitals increased from 302 in 1995– from the dangers of sleepwear related Commission in effect at the time the sleepwear was manufactured or imported.∑ 1996 to 494 in 1998–1999, a 64 percent in- burn injuries should be a priority. If you have ever seen a child severely crease! By Mr. ROCKEFELLER (for him- burned by flaming sleepwear, you have The data regarding infants age 0–9 self, Mr. SPECTER, Mr. DASCHLE, some sense of the suffering and horror months is also revealing. In 1995–1996 Mr. WELLSTONE, Mr. DURBIN, that these injuries entail. We can make Shriners Hospitals treated just five Ms. MIKULSKI, Mr. SARBANES, these horrible burn injuries less fre- children for sleepwear-related burn in- Mr. DAYTON, and Mrs. CLINTON): juries under nine months of age. For quent by enacting this important piece S. 2189. A bill to amend the Trade Act 1998–1999, the total number of infants of legislation. of 1974 to remedy certain effects of in- suffering such injuries rose to nine- I ask unanimous consent that the jurious steel imports by protecting teen, a 280 percent increase! text of the bill be printed in the benefits of steel industry retirees and As a practical matter, almost all pe- RECORD. encouraging the strengthening of the diatric burn injuries involve ignition of There being no objection, the bill was American steel industry; to the Com- the clothing and some other materials. ordered to be printed in the RECORD, as mittee on Finance. While the safety regulations cannot follows: ∑ Mr. ROCKEFELLER. Mr. President, save a child trapped in a raging in- S. 2188 the American steel industry will not ferno, a 1972 HEW study concluded that Be it enacted by the Senate and House of Rep- consolidate and will not survive with- children in fires whose clothing ignited resentatives of the United States of America in out relief from their unique burden of had a four to six-fold increase in mor- Congress assembled, substantial retiree health care costs. tality and morbidity compared to those SECTION 1. SHORT TITLE. Failing to assist the American steel in- who clothing did not ignite. Take, for This Act may be cited as the ‘‘Children’s dustry with its retiree health care example, a situation where the house is Safe Sleepwear and Burn Prevention Act of costs puts our industry at a tremen- on fire and a parent picks up her in- 2002’’. dous disadvantage as it competes in April 17, 2002 CONGRESSIONAL RECORD — SENATE S2843 the world markets. If we are to have a Still, I think it’s essential to realize that pays those benefits is threatened competitive, viable industry, we must that the Section 201 measures are lim- by unfair foreign trade practices. not shirk our responsibility. In the ited in their scope and duration: first, The bill I am introducing today, the case of steel in America, that means the tariffs range from 8 percent to 30 Steel Industry Retiree Benefits Protec- three things: tariffs under Section 201, percent, far less than the level rec- tion Act of 2002, addresses the toughest as is provided for under our trade laws; ommended by two of the ITC Commis- of these problems. It guarantees the legacy, retiree health, relief; and effec- sioners and the level that I and many health care coverage and a very lim- tive consolidation of the steel industry. others in the steel industry had argued ited life insurance benefit for steel in- Earlier this year, the President im- for. And these tariffs are lowered dra- dustry retirees whose employer is ac- posed limited and temporary steel tar- matically each year, and stop after quired by another steelmaker or whose iffs under Section 201. Today, I intro- only three years. The tariffs do not employer is forced to shut down be- duce the Steel Industry Consolidation apply to all steel products. Because of cause no other steelmaker will acquire and Retiree Benefits Protection Act of this, foreign steel companies will be it. This will ensure that in steel com- 2002, the Steel Legacy bill. This bill able to engage in circumvention meas- munities throughout the nation, no re- provides strong incentives for consoli- ures to get around the tariffs, as they tirees will lose their critical health dation in the United States steel indus- have with antidumping measures. benefits simply because of a crisis in try by supporting companies’ retiree Under the 201 relief, tariffs were im- the global steel industry that our gov- health care costs. This bill provides posed on some grades of steel, others ernment failed to avert. Equally im- desperately needed medical care to re- were exempted altogether, numerous portant, this bill will address retiree tirees whose companies have been exemptions for specific steel products legacy costs in a way that will enhance forced out of business by imports. This have been issued, and for the critical our steel industry’s competitiveness, bill is critical to the preservation of category of slab, a tariff rate quota has by clearing the way for the industry the American steel industry, and it is been imposed that is unlikely to have consolidation that is necessary and in- humane to those individuals who have any positive effect whatsoever. The evitable if the American steel industry paid a very high price for our nation’s tariffs are not being applied across the is to survive. free trade policies. board to all foreign steel producers; the The mechanics of the bill are fairly The American steel industry has relief exempts all steel from developing simple. A Federal trust fund will be es- been facing an unprecedented crisis countries and from NAFTA members, since 1997, when the Asian financial tablished that will assume the retirees’ who between them represent a signifi- crisis disrupted global steel trade and health care and life insurance costs for cant portion, over a third, of overall diverted much of the world’s excess steel, iron ore, and coke producers, and U.S. steel imports. those who transport steel mill products steel capacity to the U.S. market. We knew from the beginning of the Thirty-three U.S. steel companies, rep- for steelmaking operations, that are 201 process that even in the best of cir- acquired by another company; that are resenting over 40 percent of domestic cumstances, it was clear that Section steelmaking capacity, have gone into in bankruptcy and attempted unsuc- 201 tariffs were going to provide only bankruptcy since 1999, including such cessfully to be acquired by another part of the solution to help the domes- venerable names as Bethlehem Steel company, and thus have been closed, or tic steel industry respond to this crisis. and LTV. Wheeling Pittsburgh Steel in are in imminent danger of closing, or But the Section 201 remedy imposed, my state is in the process of reorga- have been unable to be acquired for at with its exclusions and exemptions and nizing. Many more steel companies least two years; that are in bankruptcy declining tariffs, makes the need for have been forced into liquidation. Al- and sell a significant steelmaking oper- additional measures even more compel- most 50,000 steelmaking jobs have been ation to another company; or, finally, ling. lost in this country since the steel cri- in order to ensure that the assumption Section 201 will slow the tide of im- sis began in 1998—losses that come on of legacy costs does not distort com- ports. But it will not resolve the other top of hundreds of thousands of steel petition within the domestic steel in- critical issues that will determine job losses in the two preceding decades. dustry, if a significant portion of the The cause of this crisis in the indus- whether America’s integrated entire industry’s legacy costs have try is not that demand for steel has steelmaking capacity survives. Amer- been assumed by the Federal trust suddenly collapsed or that the competi- ica’s integrated steelmakers face mas- fund, all steel industry retirees and tiveness of the American steel industry sive ‘‘legacy costs’’ for retiree health beneficiaries would be eligible to be has suddenly collapsed, but because and pension benefits, stemming from covered by the program. foreign steelmakers have enjoyed dec- the dramatic reduction in the Amer- The money for the Fund to pay for ades of government subsidies and pro- ican steel industry’s active workforce these legacy costs will come from the tection. Those foreign subsidies have over the past two decades, which in following: steel tariff revenues; an ac- created massive global steel over- turn results from successive Adminis- quired steelmaker’s retiree health care capacity, and that foreign protection trations’ inability to negotiate an trust fund assets; payments for 10 years has ensured that most of the world’s agreement for foreign governments to by the qualified steel company of $5 per overcapacity has been directed at the stop subsidizing their steelmakers. ton of steelmaking capacity, subject to U.S. market, which has been the most These legacy costs both hurt American the bill’s provisions; retiree premiums; open major market in the world. steel’s international competitiveness and, and appropriated funds if nec- The crisis our steel industry cur- and serve as a liability that has pre- essary. rently faces could well mean the end of vented the consolidation of the frag- In order to simplify the management steelmaking in the United States. This mented domestic steel industry. Indus- of the program, retiree health benefits would have grave consequences for try consolidation is another issue that assumed by the Fund will be limited to steel companies and steel workers, for must be addressed: with foreign Federal Blue Cross/Blue Shield health the steel communities that depend on steelmakers merging to create a new benefits, a fair and reasonable standard them, and for our nation’s industrial level of top tier steelmakers, American of health coverage. Life insurance will base and our national defense. In rec- steelmakers risk being permanently be limited to a one-time payment of ognition that this could not be allowed consigned to the second rank, with sub- $5,000 dollars. The program will be ad- to happen, the President announced scale facilities and insufficient reve- ministered by the Secretary of Com- last month that he would impose tem- nues to fund the necessary investment merce and by Trustees who are des- porary Section 201 tariff measures on in research and technology. Finally, we ignated by both management and some steel imports. These measures must take measures to mitigate the labor. will help give the U.S. steel industry human cost of this steel crisis, particu- This bill is supported by both the in- some breathing room to recover. I com- larly the cost to retirees who worked tegrated steelmakers and by the steel mend the President for recognizing the long, hard years to earn health and unions, who understand what it will importance of maintaining a domestic pension benefits for themselves and take to save the American steel indus- steel manufacturing base and for tak- their families, but now risk seeing all try. They know that legacy costs have ing these steps. that taken away because the company been the major barrier to consolidation S2844 CONGRESSIONAL RECORD — SENATE April 17, 2002 of the American steel market and that There being no objection, the bill was ‘‘Subtitle A—Definitions it is critical that we resolve that prob- ordered to be printed in the RECORD, as ‘‘Sec. 901. Definitions. lem if we are to preserve retiree health follows: ‘‘SEC. 901. DEFINITIONS. benefits and an integrated domestic S. 2189 ‘‘(a) TERMS RELATING TO BENEFITS PRO- steel industry. I am introducing this Be it enacted by the Senate and House of Rep- GRAM.—For purposes of this title— legislation with my partner as Co- resentatives of the United States of America in ‘‘(1) RETIREE BENEFITS PROGRAM.—The term Chair of the Senate Steel Caucus, Sen- Congress assembled, ‘retiree benefits program’ means the Steel ator SPECTER. We have a history of SECTION 1. SHORT TITLE; CONGRESSIONAL Industry Retiree Benefits Protection Pro- working together on issues that are FINDINGS AND PURPOSE. gram established under this title to provide vital to the core industries in our (a) SHORT TITLE.—This Act may be cited as medical and death benefits to eligible retir- the ‘‘Steel Industry Consolidation and Re- states and the workers who have ees and beneficiaries. tiree Benefits Protection Act of 2002’’. ‘‘(2) STEEL RETIREE BENEFITS.— helped fuel and build this nation. I am (b) CONGRESSIONAL FINDINGS AND PUR- ‘‘(A) IN GENERAL.—The term ‘steel retiree pleased that Senators WELLSTONE, POSE.— benefits’ means medical, surgical, or hos- DURBIN, MIKULSKI, SARBANES, and DAY- (1) FINDINGS.—Congress finds the following: pital benefits, and death benefits, whether TON, and the distinguished Senate Ma- (A) The United States Department of Com- furnished through insurance or otherwise, jority Leader, who have long been merce has documented that American steel- which are provided to retirees and eligible champions of retirees and workers workers and their employers have been beneficiaries in accordance with an employee health care issues, join me today as co- forced over the last 30 years to compete in a benefit plan (within the meaning of section global steel market in which foreign govern- sponsors. We have also worked in close 3(3) of the Employee Retirement Income Se- ments have engaged in market distorting curity Act of 1974) which— consultation with our colleagues on practices that to this day sustain enormous ‘‘(i) is established or maintained by a the House side, especially members of overcapacity in world steel supplies. qualified steel company or an applicable ac- the House Steel Caucus, who share our (B) The United States International Trade quiring company, and concern that these critical legacy cost Commission, in its recent investigation of ‘‘(ii) is in effect on or after January 1, 2000. issues be addressed. steel imports to the United States under sec- Such term includes benefits provided under a But, make no mistake, this steel leg- tion 201 of the Trade Act of 1974, has con- plan without regard to whether the plan is acy legislation will not happen without cluded that surges of imported steel since established or maintained pursuant to a col- the Asian crisis of 1997 have caused serious lective bargaining agreement. the active involvement of the Presi- injury to American producers of most steel ‘‘(B) RETIREE.— dent. This bill is fair, it is pro-competi- products. ‘‘(i) IN GENERAL.—The term ‘retiree’ means tion, and there is a broad consensus (C) Since 1997, 32 American steel companies that legacy cost legislation like this is an individual who has met any years of serv- have been forced to seek bankruptcy protec- ice or disability requirements under an em- absolutely necessary if we are to pre- tion, over 45,000 steelworkers have lost their ployee benefit plan described in subpara- serve integrated steelmaking in the jobs, and over 100,000 steel retirees have suf- graph (A) which are necessary to receive United States, as well as the commu- fered a complete cutoff of vital medical and steel retiree benefits under the plan. life insurance benefits. nities and businesses that depend on ‘‘(ii) CERTAIN RETIREES INCLUDED.—An indi- (D) Many steel industry retirees were vidual shall not fail to be treated as a retiree those facilities. But realistically, a forced into retirement as a result of the program like this is only going to be because the individual— restructurings of the 1980’s and 1990’s, and ‘‘(I) retired before January 1, 2000, or enacted with the strong support and then, as a second blow, recently lost their re- active engagement of the President. ‘‘(II) was not employed at the steelmaking tiree medical insurance. assets of a qualified steel company. The President’s announcement of his (E) Recent steel imports have pushed steel ‘‘(b) TERMS RELATING TO STEEL COMPA- decision on Section 201 tariffs last prices to such record lows that surviving NIES.—For purposes of this title— American steelmakers face imminent finan- month was an encouraging sign that ‘‘(1) QUALIFIED STEEL COMPANY.— cial collapse, and these firms employ over the President was committed to the ‘‘(A) IN GENERAL.—The term ‘qualified 185,000 workers in family-supporting jobs and preservation of the American steel in- steel company’ means any person which on provide crucial medical coverage to hundreds January 1, 2000, was engaged in— dustry, and his recognition that, if of thousands of retirees and beneficiaries. ‘‘(i) the production or manufacture of a equipped with the right tools and com- (F) As American steel companies continue steel mill product, peting in a fair market, the domestic to weaken or fail, a very different trend is ‘‘(ii) the mining or processing of iron ore or steel industry can regain its former underway in other countries where govern- beneficiated iron ore products, or ments shoulder a substantial portion of re- role as the world’s leader. I surely hope ‘‘(iii) the production of coke for use in a tirement costs and foreign steelmakers are so. But I know that without President steel mill product. now merging into companies of unprece- Bush’s support for a legacy cost bill, ‘‘(B) TRANSPORTATION.—The term ‘qualified dented size and market influence. the Section 201 tariffs he announced steel company’ includes any person which on (G) If the American steel industry is to January 1, 2000, was engaged in the transpor- last month will not be enough, and we survive and compete, it must transform tation of any steel mill product solely or will witness the erosion of a vital na- itself from a group of relatively small pro- principally for another person described in tional asset, the American steel indus- ducers into a consolidated market force. subparagraph (A), but only if such person try. (H) For many American steel companies, and such other person are related persons. I appeal to the President to maintain the ability to consolidate is undermined by ‘‘(C) SUCCESSORS IN INTEREST.—The term the burden of retiree health and life insur- his personal interest in the well-being ‘qualified steel company’ includes any suc- ance obligations. of our steel industry. It is vital to our cessor in interest of a person described in (2) PURPOSE.—It is the purpose of this Act nation’s economy and to our defense subparagraph (A) or (B). to ensure that— capability. I encourage the President ‘‘(2) STEELMAKING ASSETS AND STEEL MILL (A) retired steelworkers receive medical PRODUCTS.— to lead on this issue because surely, in and life insurance coverage, and ‘‘(A) STEELMAKING ASSETS.—The term these times, without his support and (B) the American steel industry can con- ‘steelmaking assets’ means any land, build- quick involvement, we will not be able tinue to provide livelihoods to tens of thou- ing, machinery, equipment, or other fixed as- to get a bill through this Congress. I sands of American workers, their families, sets located in the United States which, at and communities through the receipt of as- hope the Administration will work any time on or after January 1, 2000, have sistance in consolidating its position in with us here in the Senate to pass a been used in the activities described in sub- world steel markets. legacy cost bill that will ensure fair- paragraph (A) or (B) of paragraph (1). SEC. 2. ESTABLISHMENT OF STEEL INDUSTRY RE- ness for America’s retired steelworkers ‘‘(B) STEEL MILL PRODUCT.—The term ‘steel TIREE BENEFITS PROTECTION PRO- and a competitive future for America’s GRAM. mill product’ means any product defined by integrated steel industry. We need leg- The Trade Act of 1974 is amended by adding the American Iron and Steel Institute as a acy cost legislation like that outlined at the end the following new title: steel mill product. in the bill I am submitting today, if we ‘‘(3) ACQUIRING COMPANY.—The term ‘ac- ‘‘TITLE IX—PROTECTION FOR STEEL quiring company’ means any person which are to preserve the U.S. steel industry. INDUSTRY RETIREMENT BENEFITS acquired on or after January 1, 2000, I urge my colleagues to join me in sup- ‘‘SUBTITLE A. Definitions. steelmaking assets of a qualified steel com- porting this bill. ‘‘SUBTITLE B. Steel Industry Retiree Benefits pany with respect to which a qualifying I ask unanimous consent that the Protection Program. event has occurred. text of the bill be printed in the ‘‘SUBTITLE C. Steel Industry Legacy Relief ‘‘(c) OTHER DEFINITIONS.—For purposes of RECORD. Trust Fund. this title— April 17, 2002 CONGRESSIONAL RECORD — SENATE S2845

‘‘(1) RELATED PERSON.—The term ‘related ees beneficiary association trust, which are beneficiaries of the qualified steel company person’ means, with respect to any person, a in excess of the contributions described in the liability for which (determined without person who— the preceding sentence. regard to any modification pursuant to sec- ‘‘(A) is a member of the same controlled ‘‘(2) DETERMINATION.—The amount of the tion 1114 of title 11, United States Code) is group of corporations (within the meaning of assets to be transferred under paragraph (1) relieved under subsection (a), over section 52(a) of the Internal Revenue Code of shall be determined at the time of the cer- ‘‘(ii) the sum of— 1986) as such person, or tification under section 912 and shall include ‘‘(I) the value of the assets transferred ‘‘(B) is under common control (within the interest from the time of the determination under subsection (b) with respect to the re- meaning of section 52(b) of such Code) with to the time of transfer. Such amount shall be tirees and beneficiaries, and such person. reduced by any payments from such assets ‘‘(II) the present value of any payments ‘‘(2) SECRETARY.—The term ‘Secretary’ which are made after the determination by (other than payments determined under this means the Secretary of Commerce. the qualified steel company or applicable ac- subparagraph) to be made under this sub- ‘‘(3) TRUST FUND.—The term ‘Trust Fund’ quiring company for the provision of steel section with respect to steelmaking assets of means the Steel Industry Legacy Relief retiree benefits for which such assets were the qualified steel company. Trust Fund established under subtitle C. set aside and the liability for which (deter- ‘‘(C) DISCHARGES IN BANKRUPTCY.—The ‘‘Subtitle B—Steel Industry Retiree Benefits mined without regard to this subsection) is amount of any liability under subparagraph Protection Program relieved by operation of subsection (a). (B) shall be reduced by the portion of such li- ability which, in accordance with the provi- ‘‘I. Establishment. ‘‘(c) CONTRIBUTION REQUIREMENTS.— ‘‘(1) CONTRIBUTIONS BASED ON OWNERSHIP OF sions of title 11, United States Code, is dis- ‘‘II. Relief and assumption of liability, eligi- STEELMAKING ASSETS.— charged in any bankruptcy proceeding. bility, and certification. ‘‘(A) IN GENERAL.—If there is a qualifying ‘‘(D) NO LIABILITY IF INDUSTRY-WIDE ELEC- ‘‘III. Program benefits. event certified under section 912 with respect TION MADE.—If a qualifying event occurs by ‘‘PART I—ESTABLISHMENT to a qualified steel company— reason of a qualified election under section ‘‘Sec. 902. Establishment. ‘‘(i) the qualified steel company shall as- 912(d)(2)(B), then— sume the obligation to pay, and ‘‘(i) any liability that arose under this ‘‘SEC. 902. ESTABLISHMENT. paragraph for any qualifying event occurring ‘‘There is established a Steel Industry Re- ‘‘(ii) if the qualified steel company trans- ferred on or after January 1, 2000, any of its before such election is extinguished (and any tiree Benefits Protection program to be ad- payment of such liability shall be refunded ministered by the Secretary and the Board of steelmaking assets, the qualified steel com- pany and any acquiring company acquiring from the Trust Fund with interest), and Trustees of the Trust Fund in accordance ‘‘(ii) no liability shall arise under this with the provisions of this title for the pur- such assets as part of (or after) a qualifying event shall assume the obligation to pay, paragraph with respect to the qualifying pose of providing medical and death benefits event occurring by reason of such election or to eligible retirees and eligible beneficiaries to the Trust Fund for each of the years in any subsequent qualifying event. certified as participants in the program the 10-year period beginning on the date of ‘‘(3) JOINT AND SEVERAL LIABILITY.—Any re- under part II. the qualifying event its ratable share of the lated person of any person liable for any pay- ‘‘PART II—RELIEF AND ASSUMPTION OF amount determined under subparagraph (B) ment under this subsection shall be jointly LIABILITY, ELIGIBILITY, AND CERTIFI- with respect to the steelmaking assets and severally liable for the payment. CATION owned by such company or person. ‘‘(4) TIME AND MANNER OF PAYMENT.—The ‘‘Sec. 911. Relief and assumption of liability. ‘‘(B) AMOUNT OF LIABILITY.— Secretary shall establish the time and man- ‘‘(i) IN GENERAL.—The amount required to ‘‘Sec. 912. Qualifying events. ner of any payment required to be made be paid under subparagraph (A) for any year under this subsection, including the payment ‘‘Sec. 913. Eligibility and certification of eli- shall be equal to $5 per ton of products de- of interest. gibility. scribed in section 901(b)(1)(A) attributable to ‘‘SEC. 912. QUALIFYING EVENTS. ‘‘SEC. 911. RELIEF AND ASSUMPTION OF LIABIL- the steelmaking assets which are the subject ‘‘(a) IN GENERAL.—For purposes of this ITY. of the qualifying event and shipped to a per- title, the term ‘qualifying event’ means ‘‘(a) IN GENERAL.—If— son other than a related person. If 2 or more any— ‘‘(1) the Secretary certifies under section persons own steelmaking capacity or assets, ‘‘(1) qualified acquisition, 912 that there was a qualifying event with re- the liability under this clause shall be allo- ‘‘(2) qualified closing, spect to a qualified steel company, cated ratably on the basis of their respective ‘‘(3) qualified election, and ‘‘(2) the asset transfer requirements of sub- ownership interests. The determination ‘‘(4) qualified bankruptcy transfer. section (b) are met with respect to the quali- under this clause for any year shall be made ‘‘(b) QUALIFIED ACQUISITION.—For purposes fying event, and on the basis of shipments during the cal- of this title, the term ‘qualified acquisition’ ‘‘(3) the qualified steel company and any endar year preceding the calendar year in means any arms’-length transaction or series acquiring company assumes their respective which such year begins. of related transactions— liability to make any contributions required ‘‘(ii) REDUCTIONS IN LIABILITY.—The ‘‘(1) under which a person (whether or not under subsection (c), amount of any liability under clause (i) for a qualified steel company) acquires by pur- then the United States shall assume liability any year shall be reduced by the amount of chase, merger, stock acquisition, or other- for the provision of steel retiree benefits for any assets transferred to the Trust Fund wise all or substantially all of the each eligible retiree and eligible beneficiary under subsection (b), reduced by any portion steelmaking assets held by the qualified certified for participation in the retiree ben- of such amount applied to a liability for any steel company as of January 1, 2000, and efits program under section 913 (and the preceding year. If 2 or more persons are lia- ‘‘(2) which occur on and after January 1, qualified steel company, any predecessor or ble under subparagraph (A) with respect to 2000, and before the date which is 2 years successor, and any related person to such any qualifying event, any reduction with re- after the date of the enactment of this title. company, predecessor, or successor shall be spect to assets transferred to the Trust Fund Such term shall not include any acquisition relieved of any liability for the provision of under subsection (b) shall be allocated rat- by a related person. such benefits). The United States shall be ably among such persons on the basis of ‘‘(c) QUALIFIED CLOSING.—For purposes of treated as satisfying any liability assumed their respective liabilities or in such other this title— under this subsection if benefits are provided manner as such persons may agree. ‘‘(1) IN GENERAL.—The term ‘qualified clos- to eligible retirees and eligible beneficiaries ‘‘(2) FASB LIABILITY IN CASE OF CERTAIN ing’ means— under the retiree benefits program provided QUALIFYING EVENTS.— ‘‘(A) the permanent cessation on or after in part III. ‘‘(A) IN GENERAL.—If there is a qualifying January 1, 2000, and before January 1, 2004, ‘‘(b) REQUIRED ASSET TRANSFERS.— event (other than a qualified acquisition) by a qualified steel company operating under ‘‘(1) IN GENERAL.—The requirements of this with respect to a qualified steel company, the protection of chapter 11 or 7 of title 11, subsection are met if the qualified steel com- then, subject to the provisions of subpara- United States Code, of all activities de- pany and any applicable acquiring company graphs (C) and (D), the qualified steel com- scribed in subparagraph (A) or (B) of para- transfer to the Trust Fund all assets, as de- pany shall be liable for payment to the Trust graph (1) of section 901(b), or termined in accordance with rules prescribed Fund of the amount determined under sub- ‘‘(B) the transfer on or after January 1, by the Secretary, which, under the terms of paragraph (B). If a qualified acquisition oc- 2000, and before January 1, 2004, by a quali- an applicable collective bargaining agree- curs after another qualifying event, such fied steel company operating under the pro- ment, were required to be set aside under an other qualifying event shall be disregarded tection of chapter 11 or 7 of title 11, United employee benefit plan or otherwise for the for purposes of this paragraph. States Code, of all or substantially all of its provision of the steel retiree benefits the li- ‘‘(B) AMOUNT OF LIABILITY.—The amount steelmaking assets to 1 or more persons ability for which (determined without regard determined under this subparagraph shall be other than related persons in an arms’- to this subsection) is relieved by operation of equal to the excess (if any) of— length transaction or series of related trans- subsection (a). The assets required to be ‘‘(i) the amount determined under the Fi- actions which do not constitute a qualified transferred shall not include voluntary con- nancial Accounting Standards Board Rule acquisition. tributions, including voluntary contribu- 106 as being equal to the present value of the ‘‘(2) COMPANIES IN IMMINENT DANGER OF CLO- tions made pursuant to a voluntary employ- steel retiree benefits of eligible retirees and SURE.—A qualified closing of a qualified steel S2846 CONGRESSIONAL RECORD — SENATE April 17, 2002 company operating under the protection of ‘‘(B) the qualified steel company elects to labor organization acting on behalf of retir- chapter 11 or 7 of title 11, United States avail itself of the relief provided under this ees of such company, or a committee ap- Code, shall be treated as having occurred if title on or after the date of the determina- pointed under section 1114 of title 11, United the company— tion under subparagraph (A). States Code. ‘‘(A) meets the acquisition effort require- ‘‘(e) QUALIFIED BANKRUPTCY TRANSFER.— ‘‘(d) RECORDS.—A qualified steel company, ments of paragraph (3), For purposes of this title, the term ‘qualified an acquiring company, and any successor in ‘‘(B) establishes to the satisfaction of the bankruptcy transfer’ means any transaction interest shall on and after the date of the en- Secretary that— or series of transactions— actment of this title maintain and make ‘‘(i) it is in imminent danger of becoming a ‘‘(1) under which the qualified steel com- available to the Secretary and the Board of closed company, or pany, operating under the protection of Trustees of the Trust Fund, all records, doc- ‘‘(ii) in the case of a company operating chapter 11 or 7 of title 11, United States uments, and materials (including computer under protection of chapter 11 of title 11, Code, transfers by any means (including but programs) necessary to make the certifi- United States Code, it is unable to reorga- not limited to a plan of reorganization) its cations under this section. nize without the relief provided under this control over at least 30 percent of the pro- ‘‘PART III—PROGRAM BENEFITS title, and duction capacity of its steelmaking assets to ‘‘(C) elects, in such manner as the Sec- 1 or more persons which are not related per- ‘‘Sec. 921. Program benefits. retary prescribes, at any time after the date sons of such company, ‘‘SEC. 921. PROGRAM BENEFITS. of the enactment of this title and before the ‘‘(2) which are not part of a qualified acqui- ‘‘(a) GENERAL RULE.—Each eligible retiree date which is 2 years after the date of the en- sition or qualified closing of a qualified steel and eligible beneficiary who is certified for actment of this title, to avail itself of the re- company, and participation in the retiree benefits program lief provided under this title. ‘‘(3) which occur on and after January 1, shall be entitled— ‘‘(3) ACQUISITION EFFORT REQUIREMENTS.— 2000, and before January 1, 2004. ‘‘(1) to receive health care benefits cov- ‘‘(A) IN GENERAL.—The requirements of ‘‘(f) CERTIFICATION.— erage described in subsection (b), and this paragraph are met by a qualified steel ‘‘(1) IN GENERAL.—The Secretary shall cer- ‘‘(2) in the case of an eligible retiree, pay- company if— tify a qualifying event with respect to a ment of $5,000 death benefits coverage to the ‘‘(i) the company files with the Secretary qualified steel company if the Secretary de- beneficiary of the retiree upon the retiree’s within 10 days of the date of the enactment termines that the requirements of this title death. of this title— are met with respect to such event and that ‘‘(b) HEALTH CARE BENEFITS COVERAGE.— ‘‘(I) a notice of intent to be acquired, and the asset transfer and contribution require- ‘‘(1) IN GENERAL.—The Board of Trustees of ‘‘(II) a description of the actions the com- ments of section 911 will be met. the Trust Fund shall establish health care pany will undertake to have its steelmaking ‘‘(2) TIME FOR DECISION.—The Secretary benefits coverage under which eligible retir- assets acquired in a qualified acquisition, shall make any determination under this ees and beneficiaries are provided benefits and subsection as soon as possible after a request for health care items and services that are ‘‘(ii) the company at all times after the fil- is filed (and in the case of a request for cer- substantially the same as the benefits of- ing under clause (i) and the date which is 2 tification as a qualified acquisition filed at fered as of January 1, 2002, under the Blue years after the date of the enactment of this least 60 days before the proposed date of the Cross/Blue Shield Standard Plan provided title (or, if earlier, the date on which the re- acquisition, before such proposed date). under the Federal Employees Health Benefit quirement of paragraph (2)(B) is satisfied) ‘‘(3) ELIGIBILITY TO FILE REQUEST.—A re- Program under chapter 89 of title 5, United makes a continuing, good faith effort to have quest for certification under this subsection States Code, to Federal employees and annu- its steelmaking assets acquired in a qualified may be made by the qualified steel company itants. In providing the benefits under such acquisition. or any labor organization acting on behalf of program, the secondary payer provisions and ‘‘(B) GOOD FAITH EFFORT.—A continuing, retirees of such company. the provisions relating to benefits provided good faith effort under subparagraph (A)(ii) ‘‘SEC. 913. ELIGIBILITY AND CERTIFICATION. when an individual is eligible for benefits under the medicare program under title shall include— ‘‘(a) RETIREES.— XVIII of the Social Security Act that are ap- ‘‘(i) the active marketing of a company’s ‘‘(1) IN GENERAL.—Any individual who is a steelmaking assets through the retention of retiree of a qualified steel company with re- plicable under such Plan shall apply in the an investment banker, the preparation and spect to which the Secretary has certified same manner as such provisions apply to distribution of offering materials to prospec- under section 912 that a qualifying event has Federal employees and annuitants under tive purchasers, allowing due diligence and occurred shall be treated as an eligible re- such Plan. investigatory activities by prospective pur- tiree for purposes of this title if— ‘‘(2) CONTRACTING AUTHORITY.—The Board chasers, the active and good faith consider- ‘‘(A) the individual was receiving steel re- of Trustees of the Trust Fund shall have the ation of all expressions of interest by pro- tiree benefits under an employee benefit plan authority to enter into such contracts as are spective purchasers, and any other affirma- described in section 901(a)(2)(A) as of the necessary to carry out the provisions of this tive action designed to result in a qualified date of the qualifying event, or subsection, including contracts necessary to acquisition of a company’s steelmaking as- ‘‘(B) the individual was eligible to receive ensure adequate geographic coverage and sets, and such benefits on such date but was not re- cost control. The Board of Trustees may use ‘‘(ii) a demonstration to the Secretary by ceiving such benefits because the plan ceased the authority under this subsection to estab- the company that no bona fide and fair offer to provide such benefits. lish preferred provider organizations or other alternative delivery systems. which would have resulted in a qualified ac- ‘‘(2) CERTAIN INDIVIDUALS INCLUDED.—An quisition of the company’s steelmaking as- individual shall be treated as an eligible re- ‘‘(3) PREMIUMS, DEDUCTIBLES, AND COST sets has been unreasonably refused. tiree under paragraph (1) if the individual— SHARING.—The Board of Trustees of the Trust Fund shall establish premiums, deductibles, ‘‘(d) QUALIFIED ELECTION.—For purposes of ‘‘(A) was an employee of the qualified steel this title— company before a qualified acquisition, and cost sharing for eligible retirees and beneficiaries provided health care benefits ‘‘(1) IN GENERAL.—The term ‘qualified elec- ‘‘(B) became an employee of the acquiring tion’ means an election by a qualified steel company as a result of the acquisition, and coverage under paragraph (1) which are sub- company operating under the protection of ‘‘(C) voluntarily retires within 3 years of stantially the same as those required under chapter 11 or 7 of title 11, United States the acquisition. the Blue Cross/Blue Shield Standard Plan de- scribed in paragraph (1). Code, meeting the acquisition effort require- ‘‘(b) BENEFICIARIES.—An individual shall be ments of subsection (c)(3) to transfer its obli- treated as an eligible beneficiary for pur- ‘‘Subtitle C—Steel Industry Legacy Relief gations for steel retiree benefits to the re- poses of this title if the individual is the Trust Fund tiree benefit program. Such an election shall spouse, surviving spouse, or dependent of an ‘‘SEC. 931. STEEL INDUSTRY LEGACY RELIEF be made not earlier than the date which is 2 eligible retiree (or an individual who would TRUST FUND. years after the date of the enactment of this have been an eligible retiree but for the indi- ‘‘(a) CREATION OF TRUST FUND.—There is title, and in such manner as the Secretary vidual’s death before the date of the quali- established in the Treasury of the United may prescribe. fying event). States a trust fund to be known as the Steel ‘‘(2) INDUSTRY-WIDE ELECTION.—Notwith- ‘‘(c) CERTIFICATION OF ELIGIBLE RETIREES Industry Legacy Relief Trust Fund, con- standing paragraph (1), a qualified election AND BENEFICIARIES.— sisting of such amounts as may be appro- shall be treated as having occurred with re- ‘‘(1) IN GENERAL.—The Board of Trustees of priated to the Trust Fund as provided in this spect to a qualified steel company (whether the Trust Fund shall certify an individual as section. or not operating under the protection of an eligible retiree or eligible beneficiary if ‘‘(b) TRANSFERS TO TRUST FUND.— chapter 11 or 7 of title 11, United States the individual meets the requirements of ‘‘(1) IN GENERAL.—There are appropriated Code) if— this section. to the Trust Fund amounts equivalent to— ‘‘(A) the Secretary determines that at ‘‘(2) ELIGIBILITY TO FILE REQUEST.—A re- ‘‘(A) tariffs on steel mill products received least 200,000 eligible retirees and bene- quest for certification under this subsection in the Treasury under title II of this Act, ficiaries have been certified under section 913 may be filed by any individual seeking to be ‘‘(B) amounts received in the Treasury for participation in the retiree benefits pro- certified under this subsection, the qualified from asset transfers and contributions under gram, and steel company, an acquiring company, a section 911, April 17, 2002 CONGRESSIONAL RECORD — SENATE S2847 ‘‘(C) amounts credited to the Trust Fund the Nation’s retired steelworkers and sets have ‘‘legacy costs’’ of their own under section 9602(b) of the Internal Revenue their dependants, and the survival of a to deal with; they cannot afford to as- Code of 1986, and domestic integrated steel industry. I sume those of their former competi- ‘‘(D) the premiums paid by retirees under crafted this bill jointly with Senator tors, a result that would be unavoid- the program. ROCKEFELLER with extensive consulta- able were they to simply purchase and ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to the tion by the integrated steel industry consolidate the assets of former com- Trust Fund each fiscal year an amount equal and representatives of the United petitors. If we want consolidation to to the excess (if any) of— Steelworkers of America. I am pleased happen, and it is unquestionably in the ‘‘(A) expenditures from the Trust Fund for to note that labor and management Nation’s self-interest that it happen; the fiscal year, over have joined in a common effort to re- few would dispute that the common de- ‘‘(B) the assets of the Trust Fund for the solve the near-intractable problems fense requires a viable domestic steel fiscal year without regard to this paragraph. that face the industry today, and I industry, potential acquirers of these ‘‘(c) EXPENDITURES.—Amounts in the Trust thank them for that spirit of coopera- assets must gain relief from the ‘‘leg- Fund shall be available only for purposes of making expenditures— tion and compromise. acy cost’’ obligations that would other- ‘‘(1) to meet the obligations of the United The reasons for this legislation are wise run with the acquired assets. States with respect to liability for steel re- succinctly stated in the findings set My colleagues might ask: if an ac- tiree benefits transferred to the United forth in the preamble of the bill. The quiring steel company is relieved of States under this title, and domestic steel industry has been forced these obligations, who would take ‘‘(2) incurred by the Secretary and the to compete over the last 30 years in an them on? The answer is this: a Feder- Board of Trustees in the administration of international marketplace in which ally-sponsored trust fund, financed this title. foreign governments have subsidized with steel tariff receipts; funds pre- ‘‘(d) BOARD OF TRUSTEES.— both domestic production and em- viously placed in trust by acquired ‘‘(1) IN GENERAL.—The Trust Fund and the companies for retiree health and life retiree benefits program shall be adminis- ployee healthcare costs and, simulta- tered by a Board of Trustees, consisting of— neously, stimulated the creation and insurance benefits; fees to be paid by ‘‘(A) 2 individuals designated by agreement maintenance of excess world acquiring companies; and, yes, as nec- of the 5 qualified steel companies which, as steelmaking capacity. During the 1980’s essary to cover shortfalls, appropria- of the date of the enactment of this title— and 1990’s, the steel industry adapted, tions. To those who say the public can- ‘‘(i) are conducting activities described in but literally hundreds of thousands of not take on these obligations, I offer subparagraph (A) or (B) of section 901(b)(1), steel workers were forced into early re- the following logic: when steel pro- and tirement as the industry streamlined ducers go under, as they will if we do ‘‘(ii) have the largest number of retirees, not act, the public may very much face and productions methods. Since 1997, the ‘‘(B) 2 individuals designated by the United situation has worsened, due to the un- exposure to these obligations via the Steelworkers of America in consultation fair practices of overseas producers and Medicare and Medicaid programs; tak- with the Independent Steelworkers Union, governments and a resultant glut of ing them on before the companies go and foreign imports, to the point that 32 under will at least assure that the de- ‘‘(C) 3 individuals designated by individ- American steel companies have had to fense-critical steel industry survives. It uals designated under subparagraphs (A) and resort to bankruptcy protection, caus- is an unpleasant choice we face, but it (B). ing 45,000 steelworkers to lose their is one which we must face: we may ei- ‘‘(2) DUTIES.—Except for those duties and jobs and over 100,000 steel industry re- ther assume ‘‘legacy cost’’ obligations responsibilities designated to the Secretary, now and save a vital industry; or we the Board of Trustees shall have the respon- tirees to lose vital medical insurance sibility to administer the Trust Fund and benefits. Record-low steel prices place can wait and watch a vital industry die the retiree benefits program, including— remaining steel producers, and their and face up to ‘‘legacy costs’’ later. ‘‘(A) enrolling eligible retirees and bene- workers and retirees, in an increas- I strongly appeal to my colleagues in ficiaries under the program, ingly untenable position. the Senate to seriously consider this ‘‘(B) procuring the medical services to be A clear consensus now exists that the Hobson’s choice. If they do, I trust they provided under the program, only way a domestic integrated steel will come to the same conclusion that ‘‘(C) entering into contracts, leases, or industry can survive is through con- I have: we must save this industry by other arrangements necessary for the imple- clearing the way for the consolidation mentation of the program, solidation. It is true that the ranks of U.S. integrated producers have been that will be necessary to compete in ‘‘(D) implementing cost-containment the international market of the future. measures under the program, decimated; one need only drive through ‘‘(E) collecting revenues and enforcing Pennsylvania to see ample evidence of And we must protect those who have claims and rights of the program and the that. But a domestic industry does in- lost, or may yet lose, their health care Trust Fund, deed survive. It will continue to sur- benefits due to unfair competition ‘‘(F) making disbursements as necessary vive only if there is further consolida- from abroad. The steelworkers of under the program, and America, many from the ‘‘Greatest tion and the emergence of a relatively ‘‘(G) acquiring and maintaining such Generation’’ and from my home, Penn- few domestic companies with the mus- records as may be necessary for the adminis- sylvania, built the Nation in the 20th cle to compete in a global marketplace tration and implementation of the program. Century. They made the United States with subsidized foreign behemoths. But ‘‘(3) REPORT.—The Board of Trustees report the world’s only superpower. We need to Congress each year on the financial condi- there is a significant impediment to to assure that their post-retirement tion and the results of the operations of the such consolidation: the so-called ‘‘leg- years are secure.∑ Trust Fund during the preceding fiscal year acy costs’’ of domestic producers which and on its expected condition and operations might otherwise be acquired and con- during the next 2 fiscal years. Such report By Mr. KERRY (for himself, Ms. shall be printed as a House document of the solidated into larger, more efficient SNOWE, Mrs. FEINSTEIN, and Mr. session of Congress to which the report is U.S. operations. CHAFEE): made. To summarize, a relatively healthy S. 2190. A bill to amend the Internal ‘‘(e) TRANSFER INVESTMENT OF ASSETS.— domestic steel producer might find the Revenue Code of 1986 and the Employee Sections 9601 and 9602(b) of the Internal Rev- acquisition, and the continued oper- Retirement Income Security Act of enue Code of 1986 shall apply to the Trust ation, of a weaker steel company’s 1974 to provide employees with greater ∑ Fund.’’ manufacturing operations to be quite control over assets in their pension ac- ∑ Mr. SPECTER. Mr President, I have attractive but for one major problem: counts by providing them with better sought recognition at this time to com- such operations typically are owned by information about investment of the ment briefly on legislation that I am companies which are weighed down by assets, new diversification rights, and pleased to cosponsor with my col- the health care costs of prior genera- new limitations on pension pla black- league, Senator ROCKEFELLER. That tions of retirees, retirees who are rel- outs, and for other purposes; to the legislation, the ‘‘Steel Industry Retiree atively young due to the premature Committee on Finance. Benefits Protection Act of 2002,’’ would withdrawal of workers from the rolls ∑ Mr. KERRY. Mr. President, I rise set the Nation on a path of assuring due to downsizing in the 1980’s and today with a great deal of pride to in- the retirement health care benefits of 1990’s. Potential acquirers of such as- troduce the Senate’s first bipartisan S2848 CONGRESSIONAL RECORD — SENATE April 17, 2002 pension reform bill since Enron’s down- cess, recent polls show that nearly two- protection for rank-and-file employees, fall ruined the lives of thousands of thirds of the public believes that the and we will work with him to help it workers and their families. I am intro- most important issue with Enron’s col- become law. ducing this bill with Senator OLYMPIA lapse is the loss of jobs and savings. But most important, workers want SNOWE of Maine, who has worked close- With 38 million people controlling and deserve a greater say in where ly with me to develop a much-needed nearly $1.7 trillion in 401(k) plan assets, their money is invested. Diversifica- proposal that will greatly help our na- and with nearly 40 percent of large- tion is a key principle in any balanced tion’s workers to achieve greater pen- plan assets tied up in company stock, investment strategy. Workers should sion security and receive better invest- much of which cannot be sold until be empowered with the ability to direct ment information and advice. Our bill workers reach a certain age, it is clear where their retirement savings are in- is called the ‘‘Worker Investment and that the playing field needs to be tilted vested. Retirement Education Act of 2002,’’ or back towards workers. Our bill does While the shift to more broad-based the WIRE Act. Senator SNOWE and I are just that, and because it is a complete stock ownership is generally a positive pleased that Senator FEINSTEIN and approach, including all types of so- trend in our society, employees should CHAFEE have joined with us as original called ‘‘defined contribution’’ plans, as no longer be forced to buy company cosponsors. opposed to just some plans, it does so stock with their own contributions. In As you know, Enron’s bankruptcy, without opening any major new loop- addition, if workers choose to buy com- which caused thousands to lose their holes that would allow workers to be pany stock with their own funds, they retirement savings, since their pen- further exploited. should be able to diversify these con- sions were invested heavily in Enron The first thing workers need out of a tributions whenever they wish. It’s stock, has prompted many members of pension reform bill is better informa- their money, after all, and they should Congress in both parties to introduce tion, because for millions of Ameri- never be forced to relinquish control of pension-related legislation. President cans, their retirement savings is their it. Bush has also suggested several re- only true asset other than their homes. For employer contributions to retire- forms. Many of these proposals share Under our bill, all covered workers ment plans, workers should be allowed some common elements, while others would be given basic, unbiased infor- to begin diversifying these contribu- contain measures that are objection- mation on the basics of investing, as tions once they are vested in the plan. able to one side or the other. Senator well as personalized information from Our bill accomplishes that goal while SNOWE and I share the view that work- their employers to help them know if avoiding new loopholes by applying dif- er retirement protection is much too they are adequately preparing for their ferent diversification rules based on important to become another partisan retirement years. This additional infor- the type of contribution, worker pay- issue, where the upcoming elections mation will make a huge difference to roll deduction, employer matching con- cloud our judgment and prevent us millions of workers who currently have tribution, or employer nonmatching from passing much-needed legislation. no knowledge about the basics of in- contribution, rather than the type of We can, and should, pass critical pen- vesting, or if they are saving enough to plan. We want to make sure that the sion reform this year that helps Amer- live comfortably in retirement. situation with Enron never happens ican workers fee secure about their re- Next, since current law prevents again, and the protections in our bill tirement savings. In my view, the play- most workers from receiving any sound will accomplish that goal. ing field has been tilted against work- guidance about financial planning, our In our view, Congress should also ers for far too long, and it is unfortu- bill includes the text of S. 1677, the provide special diversification rights nate that it takes a travesty like Bingaman-Collins investment advice for older workers, because the closer Enron to make those of us in Congress bill. Under this bill, millions more you are to retirement, the more you act in their interests. workers will benefit from professional, have to lose should stock prices fall. Of course, the pension issue is one independent investment advice paid for Therefore, under our bill, once a work- that falls in the jurisdiction of two by their employers. Workers will be er turns 55, he or she would be per- Senate committees. I strongly support able to select appropriate investments mitted to completely diversify their re- Senator KENNEDY’S bill, which recently and better plan for their retirements tirement assets, with no restrictions. passed out of the HELP committee without the creation of new conflicts of This will be the case regardless of ten- here in the Senate. Soon, however, the interest. ure with the firm, and regardless of the Senate Finance Committee will also Like other bills, our bill addresses type of plan. Companies must notify consider pension reform. Given that the issue of blackout periods, those workers of this right to diversify when the history of that Committee is one in times when plan participants are pre- the worker has reached 55 years of age, which the best bills are often bipar- vented from making changes to their thereby giving older workers the addi- tisan, I wanted to work with Senator asset allocations. Senator SNOWE and I tional layer of protection they deserve SNOWE to develop a pro-worker bill for believe that companies should provide after a lifetime of work and saving. the Finance Committee that can be adequate notice before any blackout I want to say a word about ESOPs. combined with Senator KENNEDY’S bill period, our bill requires 30 days’ notice, Employee stock ownership plans are later on. and inform workers of its expected important in that they give rank-and- The House of Representatives has length. In addition, blackouts should file employees an ownership stake in also followed such a two-committee ap- generally be limited to 30 days for their firms, which is largely a good proach, although I have some signifi- plans that are heavily invested in com- thing. We should continue to encourage cant reservations that the final bill pany stock. Exemptions could be firms, both public and private, to in- that passed last week does not do granted to small businesses or compa- clude their workers in their success. enough for workers. I hope to work nies in unusual circumstances, such as Many public companies are converting within the Finance Committee and a merger. This latter rule is one that parts of their 401(k)s to ESOPs to take with Senator KENNEDY to develop a distinguishes our bill from many of the advantage of a feature in the tax code better bill here in the Senate, so we others. But it seems common-sense to that allows them to deduct dividends can pass legislation this year that the use that plans with more volatile as- paid on the shares in the plan. How- President will sign. Our goal should be sets, such as plans heavily invested in ever, these conversions to so-called to pass a bill that receives a two-thirds company stock, should be forced to end KSOPs have downsides, in that these vote in both chambers not because we blackout periods as quickly as possible plans are generally more restrictive think President Bush will veto it, but in order to minimize market risk for than 401(k)s when employee diversifica- because we want to signal to the coun- the workers. tion right are concerned. try that partisan politics can be pushed Moreover, during blackout periods, As a result, Congress must include aside when the true interests of hard- management should be prohibited from both KSOPs and ESOPs in any new di- working Americans are at stake. selling large blocks of stock on the versification rules, to the extent that Despite all of the news in recent open market. We command President the plans are at public companies. If we months about corporate greed and ex- Bush for suggesting this additional fail to include them, or include one but April 17, 2002 CONGRESSIONAL RECORD — SENATE S2849 not the other, we would open a new was much higher, at 74 percent, just 20 Procter and Gamble, 94.7 percent, Sher- loophole while limiting workers rights. years ago. win-Williams, 91.6 percent, Pfizer, 88.5 But again, since broader employee This shift away from defined benefit percent, McDonald’s, 74.3 percent, the ownership is a generally positive devel- plans has resulted in the explosion of list goes on and on. opment, we need to help workers with- participation in defined contribution And so where does that leave us? How out killing publicly-traded ESOPs. Our plans, giving individuals the oppor- does Congress balance an individual’s bill does so. Plus, another unique fea- tunity to make investment decisions right to make their own investment de- ture of the Kerry-Snowe bill is that for according to their own needs and plans cisions, with trying to make sure that all workers under age 55 who choose to for the future. However, with this abil- no other class of employees suffer as diversify some of their KSOP or ESOP ity comes added responsibility and, de- significant a loss as that experienced shares, the firm will still be allowed to pending on the investment choice, by Enron employees? deduct for tax purposes the dividends greater risk. And it is this risk that that would have been paid on those was so clearly personified by the expe- The WIRE Act proposes that the an- shares, for the year of the sale and the rience of Enron employees. swer to these questions lies in the abil- following two years. This provision will On Enron’s 40,000 employees, almost ity of employees to access and diver- smooth the transition to a more work- 21,000 were participating in the Enron sify company stock. Therefore, we cre- er-friendly system. Savings Plan, the 401(k) plan. These ate specialized diversification rights Finally, the government should cre- loyal employees heavily invested in that are dependent upon the manner in ate an Office of Pension Participant Enron, only to be hit by the one-two which the stock was added to the em- Advocacy, similar to the Taxpayer Ad- punch of losing their jobs and losing ployee’s account. vocate Service, where both unionized their life savings, with the retirement For instance, for voluntary purchases and non-unionized workers can turn to savings losses amounting to over $1 bil- of company stock by employees, work- voice their concerns about pension pol- lion. It is their experience that has led ers should be able to diversify those icy. The Pension Participant Advocate us to write the legislation we are intro- shares at any time, after all, it is their would issue an annual report to Con- ducing today. own money. For employer-matching gress recommending changes to the While it is critical that the Congress contributions made in the form of com- pension laws. This idea is one that ap- ensure that such a massive loss of re- pany stock, half of those shares can be pears in several bills before Congress, tirement savings never reoccurs, it is diversified after three years of service, and it is long overdue. also vital that we consider reforms and one hundred percent can be diversi- All of these proposals will protect that empower employees, and do not fied after five years of service. our workers, and more importantly, discourage employers from contrib- Importantly, as our intent is to first they will do so without prompting re- uting to their employees’ retirement do no harm to the current employer- ductions in benefits. Businesses could plans. As we set out to draft the WIRE sponsored pension system, the WIRE still contribute stock to retirement Act we sought first and foremost to do Act attempts to mitigate any potential plans. Workers will be empowered to no harm to the private pension system. loss of tax incentives enjoyed by em- diversify their assets, but they would The WIRE Act, in seeking to increase ployers for making contributions in not face any new rules that limit their employees’ access to information and the form of company stock when that own choices, such as a hard cap on the ensure that employees have the knowl- stock is diversified. We do this by al- amount of a single stock they could edge necessary to make sound invest- lowing employers to continue to deduct own. Our bipartisan approach will en- ment decisions, requires that indi- the dividends that would have been sure that workers are better off in the vidual workers receive annual state- paid on employee held company stock long run, and that’s the outcome we all ments regarding the assets in their ac- for the remainder of that calendar year ∑ want. counts. In addition, our legislation di- and for two additional years. This pro- ∑ Ms. SNOWE. Mr. President, I rise rects the Departments of Labor and the vision, which is unique to the WIRE today to join Senator KERRY in intro- Treasury to produce annually a docu- Act, would ensure that the diversifica- ducing the Worker Investment and Re- ment for all employees giving them tion rights given to employees does not tirement Education, or WIRE, Act of basic guidelines for retirement invest- have the unfortunate effect of reducing 2002. The WIRE Act seeks to empower ing. This assures that employees re- employer contributions to pension workers by giving them control over ceive fundamental investment informa- plans—which would be harmful to both all of the assets in their retirement ac- tion from an independent authority. the employees and the employers. counts and ensures that, in addition to Additionally, the WIRE Act incor- having the ability to take command of porates the language of the Inde- The bill we introduce today aims to assets, they have the information they pendent Investment Advice Act of 2001, do nothing to limit personal choice, need to make sound and informed clarifying the fiduciary rules for plan which is the cornerstone of American choices. sponsors who offer access to invest- beliefs, but instead empower investors While the need for pension reform ment advice by providing companies with the knowledge and ability to was highlighted by the recent collapse with a safe harbor from liability if they make some of the most fundamental fi- and bankruptcy of Enron, a review of provide qualified, independent invest- nancial decision a person can make. pension regulations is critical for all of ment advice for their workers. However, as we begin to consider how the approximate 48 million workers na- Just as it is critical that we provide best to empower and educate employ- tionwide who participate in a defined access to the information necessary to ees, it is just as essential that we do contribution retirement plan. make informed decisions, it is essential not create any disincentives for em- And, as Congress sets out to review that we increase employees’ diver- ployers to stop participating in their existing pension laws, we must recog- sification rights without inhibiting an employees’ retirement security. Em- nize that there has been a significant employee’s ability to invest in their ployers play a critical role in the re- shift in Americans’ retirement savings company. tirement planning of their employees vehicles over the past several years. In And, certainly a review of the invest- and it is critical that we encourage fact, use of what we think of as the ment decisions of employees across the this role to continue. typical ‘‘pension’’, or defined benefit country tells us that the decision of Retirement is part of the American plan, has fallen from one-third of all Enron employees to invest their retire- dream, and to that end we must do plans to one-tenth in 20 years. And, the ments heavily in Enron stock is not whatever we can to ensure that this actual number of defined benefit plans unique. In fact, the employees of many dream is achievable for everyone. I has fallen each year since 1986. Al- of America’s leading companies, our look forward to working with the other though they still account for almost 45 top brand names, have chosen similarly members of the Finance Committee, percent of all employer-sponsored re- to invest more than half of their retire- and the Senate, to consider addressing tirement plan participants, that figure ment plan assets in company stock, the need for pension reform.∑ S2850 CONGRESSIONAL RECORD — SENATE April 17, 2002 STATEMENTS ON SUBMITTED But, both times it was removed in Whereas these safety professionals work to RESOLUTIONS conference. prevent accidents, injuries, and occupational Then, at the beginning of the 106th diseases, create safer work and leisure envi- ronments, and develop safer products; Congress, Senate Leaders LOTT and Whereas the more than 30,000 members of SENATE RESOLUTION 244—ELIMI- DASCHLE circulated a letter informing NATING SECRET SENATE HOLDS the 90-year-old nonprofit American Society Senators of a new policy regarding the of Safety Engineers, based in Des Plaines, Il- Mr. GRASSLEY (for himself and Mr. use of holds. linois, are safety professionals committed to WYDEN) submitted the following reso- The Lott/Daschle letter stated, protecting people, property, and the environ- lution; which was referred to the Com- . . . all members wishing to place a hold on ment globally; mittee on Rules and Administration: any legislation or executive calendar busi- Whereas the American Society of Safety ness shall notify the sponsor of the legisla- Engineers, in partnership with the Canadian S. RES. 244 tion and the committee of jurisdiction of Society of Safety Engineers, has designated Resolved, their concerns. May 5 through May 11, 2002, as North Amer- SECTION 1. ELIMINATING SECRET SENATE This agreement was billed as mark- ican Occupational Safety and Health Week HOLDS. (referred to in this resolution as ‘‘NAOSH Rule VII of the Standing Rules of the Sen- ing the end of secret holds in the Sen- week’’); ate is amended by adding at the end the fol- ate and I took the agreement at face Whereas the purposes of NAOSH week are lowing: value. to increase understanding of the benefits of ‘‘7. A Senator who provides notice to party Unfortunately, this policy has not investing in occupational safety and health, leadership of his or her intention to object to been followed consistently. to raise the awareness of the role and con- proceeding to a motion or matter shall dis- Secret holds have continued to ap- tribution of safety, health, and environ- close the notice of objection (or hold) in the pear in the Senate. mental professionals, and to reduce work- Congressional Record in a section reserved For example, last November, it be- place injuries and illnesses by increasing for such notices not later than 2 session days came apparent that an anonymous hold awareness and implementation of safety and after the date of the notice.’’. health programs; had been placed on a bill, S. 739, spon- Mr. GRASSLEY. Mr. President, Whereas during NAOSH week the focus sored by Senator WELLSTONE. today I am submitting, along with my will be on hazardous materials—what they This bill had been reported by the are, emergency response information, the colleague Senator WYDEN, a Senate Committee on Veterans’ Affairs. skills and training necessary to handle and resolution to amend the Senate rules However, neither Senator WELLSTONE transport hazardous materials, relevant to eliminate secret holds. nor Senator ROCKEFELLER, as chairman laws, personal protection equipment, and I know Senators are familiar with of the Committee on Veterans’ Affairs, hazardous materials in the home; the practice of placing holds on mat- were ever informed as to which Senator Whereas over 800,000 hazardous materials ters to come before the Senate. or Senators had placed the hold. are shipped every day in the United States, Holds derive from the rules and tradi- and over 3,100,000,000 tons are shipped annu- The time has come to end this dis- ally; and tions of the Senate. tasteful practice for good. In order for the Senate to run Whereas the continued threat of terrorism This resolution that Senator WYDEN and the potential use of hazardous materials smoothly, objections to unanimous and I are submitting would do just make it vital for Americans to have informa- consent agreements must be avoided. that. tion on these materials: Now, therefore, be it Essentially, a hold is a notice by a It would add a section to the Senate Resolved, That the Senate— Senator to his or her party leader of an rules requiring that Senators make (1) designates the week of May 5 through intention to object to bringing a bill or public any hold placed on a matter May 11, 2002, as ‘‘National Occupational nomination to the floor for consider- within two session days of notifying Safety and Health Week’’; (2) commends safety professionals for their ation. his or her party leadership. This effectively prevents the Senate ongoing commitment to protecting people, This change will lead to more open property, and the environment; leadership from attempting to bring dialogue and more constructive debate (3) encourages all industries, organiza- the matter before the Senate. in the Senate. tions, community leaders, employers, and A Senator might place a hold on a Ending secret holds will make the employees to support educational activities piece of legislation or a nomination be- workings of the Senate more trans- aimed at increasing awareness of the impor- cause of legitimate concerns about parent. tance of preventing illness, injury, and death that legislation or nomination. It will reduce secrecy and public cyn- in the workplace; and However, there is no legitimate rea- icism along with it. (4) requests that the President issue a son why a Senator placing a hold on a This reform will improve the institu- proclamation calling on the people of the matter should remain anonymous. United States to observe ‘‘National Occupa- tional reputation of the Senate and I tional Safety and Health Week’’ with appro- I believe in the principle of open gov- would urge my colleagues to support priate ceremonies and activities. ernment. the Grassley-Wyden resolution. ∑ Mr. WYDEN. Mr. President, One of Lack of transparency in the public f the Senate’s most popular procedures policy process leads to cynicism and SENATE RESOLUTION 245—DESIG- cannot be found anywhere in the distrust of public officials. United States Constitution or in the I would maintain that the use of se- NATING THE WEEK OF MAY 5 THROUGH MAY 11, 2002, AS ‘‘NA- Senate Rules. It is one of the most cret holds damages public confidence powerful weapons that any Senator can in the institution of the Senate. TIONAL OCCUPATIONAL SAFETY AND HEALTH WEEK’’ wield in this body. And it is even more It has been my policy, and the policy potent when it is invisible. The proce- of Senator WYDEN as well, to disclose Mr. DURBIN (for himself, Mr. dure is popularly known as the ‘‘hold.’’ in the CONGRESSIONAL RECORD any hold BROWNBACK, and Mr. FEINGOLD) sub- The ‘‘hold’’ in the Senate is a lot like that I place on any matter in the Sen- mitted the following resolution; which the seventh inning stretch in baseball: ate along with my reasons for doing so. was referred to the Committee on the there is no official rule or regulation As a practical matter, other Members Judiciary: that talks about it, but it is has been of the Senate need to be made aware of S. RES. 245 observed for so long that it has become an individual Senator’s concerns. Whereas every year, more than 6,000 people a tradition. How else can those concerns be ad- die from job-related injuries and millions The resolution that Senator GRASS- dressed? more suffer occupational injuries or ill- LEY and submit today does not in any As a matter of principle, the Amer- nesses; way limit the privilege of any Senator ican people need to be made aware of Whereas every day, millions of people go to to place a ‘‘hold’’ on a measure or mat- any action that prevents a matter from and return home from work safely due, in ter. Our resolution targets the stealth being considered by their elected Sen- part, to the efforts of many unsung heroes— cousin of the ‘‘hold,’’ known as the ‘‘se- ators. the occupational safety, health, and environ- mental professionals who work day in and cret hold.’’ It is the anonymous hold Senator WYDEN and I have worked day out identifying hazards and imple- that is so odious to the basic premise twice to get a similar ban on secret menting safety advances in all industries of our democratic system: that the ex- holds included in legislation passed by and at all workplaces, thereby reducing ercise of power always should be ac- the Senate. workplace fatalities and injuries; companied by public accountability. April 17, 2002 CONGRESSIONAL RECORD — SENATE S2851 Our resolution would bring the anony- the notice. The resolution would assure ment SA 2917 proposed by Mr. DASCHLE (for mous hold out of the shadows of the that the awesome power possessed by himself and Mr. BINGAMAN) to the bill (S. 517) Senate. an individual Senator to stop legisla- supra; which was ordered to lie on the table. SA 3137. Mr. CAMPBELL submitted an Senator GRASSLEY and I have cham- tion or a nomination should be accom- pioned this idea in a bipartisan manner amendment intended to be proposed to panied by public accountability. amendment SA 2917 proposed by Mr. for six years now. In 1997 and again in The requirement for public notice of DASCHLE (for himself and Mr. BINGAMAN) to 1998, the United States Senate voted a hold two days after the intent has the bill (S. 517) supra; which was ordered to unanimously in favor of our amend- been conveyed to the leadership may lie on the table. ments to require that a notice of intent prove to be an inconvenience but not a SA 3138. Mrs. BOXER (for herself and Mrs. to object be published in the CONGRES- hardship. No Senator will ever be FEINSTEIN) submitted an amendment in- SIONAL RECORD within 48 hours. The thrown in jail for failing to give public tended to be proposed to amendment SA 2917 amendments, however, never survived notice of a hold. Senators routinely proposed by Mr. DASCHLE (for himself and conference. Mr. BINGAMAN) to the bill (S. 517) supra; place statements in the CONGRESSIONAL which was ordered to lie on the table. So we took our case directly to the RECORD recognizing the achievements SA 3139. Mrs. BOXER (for herself and Mrs. leadership, and to their credit, TOM of a local Boys and Girls Club, or con- FEINSTEIN) submitted an amendment in- DASCHLE and TRENT LOTT agreed it was gratulating a local sports team on a tended to be proposed to amendment SA 2917 time to make a change. They recog- State championship. Surely the intent proposed by Mr. DASCHLE (for himself and nized the significant need for more of a Senator to block the progress of Mr. BINGAMAN) to the bill (S. 517) supra; openness in the way the United States legislation or a nomination should be which was ordered to lie on the table. Senate conducts its business so TOM considered of equal importance. SA 3140. Mr. NELSON, of Nebraska sub- mitted an amendment intended to be pro- DASCHLE and TRENT LOTT sent a joint I have adhered to a policy of publicly posed to amendment SA 2917 proposed by Mr. letter in February 1999 to all Senators announcing my intent to object to a DASCHLE (for himself and Mr. BINGAMAN) to setting forth a policy requiring ‘‘all measure or matter. This practice has the bill (S. 517) supra; which was ordered to Senators wishing to place a hold on not been a burden or inconvenience. On lie on the table. any legislation or executive calender the contrary, my experience with the SA 3141. Mr. DORGAN (for himself, Ms. business [to] notify the sponsor of the public disclosure of holds is that my CANTWELL, and Mr. BAYH) submitted an legislation and the committee of juris- objections are usually dealt with in an amendment intended to be proposed to diction of their concerns.’’ The letter expeditious manner, thereby enabling amendment SA 2917 proposed by Mr. said that ‘‘written notification should DASCHLE (for himself and Mr. BINGAMAN) to the Senate to proceed with its busi- the bill (S. 517) supra; which was ordered to be provided to the respective Leader ness. lie on the table. stating their intentions regarding the Although the Senate is still several f bill or nomination,’’ and that ‘‘holds months away from the high season of placed on items by a member of a per- secret holds, a number of important TEXT OF AMENDMENTS sonal or committee staff will not be pieces of legislation have already be- SA 3135. Mr. CARPER (for himself, honored unless accompanied by a writ- come bogged down in the swamp of se- Ms. COLLINS, Mr. LEVIN, and Ms. ten notification from the objecting cret holds this year. The day is not far LANDRIEU) submitted an amendment Senator by the end of the following off when any given Senator may be intended to be proposed to amendment business day.’’ forced to place holds on numerous SA 2917 proposed by Mr. DASCHLE (for At first, this action by the Leaders other pieces of legislation or nominees himself and Mr. BINGAMAN) to the bill seemed to make a real difference. just to try to ‘‘smoke out’’ the anony- (S. 517) to authorize funding the De- Many Senators were more open about mous objector. The practice of anony- partment of Energy to enhance its mis- their holds, and staff could no longer mous multiple or rolling holds is more sion areas through technology transfer slap a hold on a bill with a quick phone akin to legislative guerilla warfare and partnerships for fiscal years 2002 call. But after six to eight months, the than to the way the Senate should con- through 2006, and for other purposes; Senate began to slip back towards the duct its business. which was ordered to lie on the table; old ways. Abuses of the ‘‘holds’’ policy It is time to drain the swamp of se- as follows: began to proliferate, staff-initiated cret holds. The resolution we submit holds-by-phone began anew, and it Beginning on page 47, strike line 23 and all today will be referred to the Senate that follows through page 48, line 4, and in- wasn’t too long before legislative grid- Committee on Rules. It is my hope sert the following: lock set in and the Senate seemed to that the Committee will take this reso- ‘‘(m) TERMINATION OF MANDATORY PUR- have forgotten what Senators DASCHLE lution seriously, hold public hearings CHASE AND SALE REQUIREMENTS.— and LOTT had tried to do. on it and give it a thorough vetting. ‘‘(1) OBLIGATION TO PURCHASE.— After the My own assessment of the situation This is one of the most awesome pow- date of enactment of this subsection, no elec- now, which is not based on any sci- ers held by anyone in American gov- tric utility shall be required to enter into a entific evidence, GAO investigation or new contract or obligation to purchase elec- ernment. It has been used countless tric energy from a qualifying cogeneration CRS study, is that a significant num- times to stall and strangle legislation. ber of our colleagues in the Senate facility or a qualifying small power produc- It is time to bring accountability to tion facility under this section if the Com- have gotten the message sent by the the procedure and to the American peo- mission finds that the qualifying cogenera- Leaders, and have refrained from the ple.∑ tion facility or qualifying small power pro- use of secret holds. They inform spon- duction facility has access to an independ- sors about their objections, and do not f ently administered, auction-based day ahead allow their staff to place a hold with- AMENDMENTS SUBMITTED AND and real time wholesale market for the sale out their approval. My sense is that PROPOSED of electric energy. the legislative gridlock generated by ‘‘(2) OBLIGATION TO SELL.—After the date of secret holds may be attributed to a rel- SA 3135. Mr. CARPER (for himself, Ms. enactment of this subsection, no electric COLLINS, Mr. LEVIN, and Ms. LANDRIEU) sub- utility shall be required to enter into a new atively small number of abusers. The mitted an amendment intended to be pro- contract or obligation to sell electric energy resolution we are submitting today posed to amendment SA 2917 proposed by Mr. to a qualifying cogeneration facility or a will not be disruptive for a solid num- DASCHLE (for himself and Mr. BINGAMAN) to qualifying small power production facility ber of Senators, but it will up the ante the bill (S. 517) to authorize funding the De- under this section if competing retail elec- on those who may be ‘‘chronic abusers’’ partment of Energy to enhance its mission tric suppliers are able to provide electric en- of the Leaders’ policy on holds. areas through technology transfer and part- ergy to the qualifying cogeneration facility Our bipartisan resolution would nerships for fiscal years 2002 through 2006, or qualifying small power production facil- amend the Standing Rules of the Sen- and for other purposes; which was ordered to ity. ate to require that a Senator who noti- lie on the table. ‘‘(3) NO EFFECT ON EXISTING RIGHTS AND SA 3136. Mr. ROCKEFELLER submitted an REMEDIES.—Nothing in this subsection af- fies his or her leadership of an intent amendment intended to be proposed to fects the rights or remedies of any party to object shall disclose that objection amendment SA 3103 submitted by Mr. KEN- under any contract or obligation, in effect on in the CONGRESSIONAL RECORD not later NEDY (for himself and Mr. SMITH of Oregon) the date of enactment of this subsection, to than two session days after the date of and intended to be proposed to the amend- purchase electric energy or capacity from or S2852 CONGRESSIONAL RECORD — SENATE April 17, 2002

to sell electric energy or capacity to a facil- which such property is used under the lease- ‘‘(8) OPEN VIDEO SYSTEM OPERATOR.—The ity under this Act (including the right to re- back referred to in clause (ii). term ‘open video system operator’ means cover costs of purchasing electric energy or ‘‘(d) SPECIAL ALLOCATION RULES.— any person authorized to provide service capacity). ‘‘(1) CURRENT GENERATION BROADBAND SERV- under section 653 of the Communications Act ICES.—For purposes of determining the cur- of 1934 (47 U.S.C. 573). SA 3136. Mr. ROCKEFELLER sub- rent generation broadband credit under sub- ‘‘(9) OTHER WIRELESS CARRIER.—The term mitted an amendment intended to be section (a)(1) with respect to qualified equip- ‘other wireless carrier’ means any person proposed to amendment SA 3103 sub- ment through which current generation (other than a telecommunications carrier, broadband services are provided, if the quali- mitted by Mr. KENNEDY (for himself commercial mobile service carrier, cable op- fied equipment is capable of serving both erator, open video system operator, or sat- and Mr. SMITH of Oregon) and intended qualified subscribers and other subscribers, to be proposed to the amendment SA ellite carrier) providing current generation the qualified expenditures shall be multi- broadband services or next generation 2917 proposed by Mr. DASCHLE (for him- plied by a fraction— broadband service to subscribers through the self and Mr. BINGAMAN) to the bill (S. ‘‘(A) the numerator of which is the sum of wireless transmission of energy through 517) to authorize funding the Depart- the number of potential qualified subscribers radio or light waves. within the rural areas and the underserved ment of Energy to enhance its mission ‘‘(10) PACKET SWITCHING.—The term ‘packet areas which the equipment is capable of serv- areas through technology transfer and switching’ means controlling or routing the ing with current generation broadband serv- path of a digitized transmission signal which partnerships for fiscal years 2002 ices, and is assembled into packets or cells. through 2006, and for other purposes; ‘‘(B) the denominator of which is the total which was ordered to lie on the table; potential subscriber population of the area ‘‘(11) PROVIDER.—The term ‘provider’ as follows: which the equipment is capable of serving means, with respect to any qualified equipment— In lieu of the matter proposed to be in- with current generation broadband services. ‘‘(A) a cable operator, serted, insert the following: ‘‘(2) NEXT GENERATION BROADBAND SERV- ICES.—For purposes of determining the next ‘‘(B) a commercial mobile service carrier, SEC. ll. BROADBAND INTERNET ACCESS TAX ‘‘(C) an open video system operator, CREDIT. generation broadband credit under sub- ‘‘(D) a satellite carrier, (a) IN GENERAL.—Subpart E of part IV of section (a)(2) with respect to qualified equip- ‘‘(E) a telecommunications carrier, or chapter 1 (relating to rules for computing in- ment through which next generation ‘‘(F) any other wireless carrier, vestment credit), as amended by this Act, is broadband services are provided, if the quali- amended by inserting after section 48 the fol- fied equipment is capable of serving both providing current generation broadband lowing: qualified subscribers and other subscribers, services or next generation broadband serv- ‘‘SEC. 48B. BROADBAND CREDIT. the qualified expenditures shall be multi- ices to subscribers through such qualified plied by a fraction— ‘‘(a) GENERAL RULE.—For purposes of sec- equipment. tion 46, the broadband credit for any taxable ‘‘(A) the numerator of which is the sum ‘‘(12) PROVISION OF SERVICES.—A provider year is the sum of— of— shall be treated as providing services to a ‘‘(1) the current generation broadband ‘‘(i) the number of potential qualified sub- subscriber if— credit, plus scribers within the rural areas and under- ‘‘(A) a subscriber has been passed by the served areas, plus ‘‘(2) the next generation broadband credit. provider’s equipment and can be connected ‘‘(ii) the number of potential qualified sub- ‘‘(b) CURRENT GENERATION BROADBAND to such equipment for a standard connection scribers within the area consisting only of CREDIT; NEXT GENERATION BROADBAND CRED- fee, residential subscribers not described in IT.—For purposes of this section— ‘‘(B) the provider is physically able to de- clause (i), ‘‘(1) CURRENT GENERATION BROADBAND CRED- liver current generation broadband services IT.—The current generation broadband credit which the equipment is capable of serving or next generation broadband services, as ap- for any taxable year is equal to 10 percent of with next generation broadband services, and plicable, to such subscribers without making the qualified expenditures incurred with re- ‘‘(B) the denominator of which is the total more than an insignificant investment with spect to qualified equipment providing cur- potential subscriber population of the area respect to any such subscriber, rent generation broadband services to quali- which the equipment is capable of serving ‘‘(C) the provider has made reasonable ef- fied subscribers and taken into account with with next generation broadband services. forts to make such subscribers aware of the respect to such taxable year. ‘‘(e) DEFINITIONS.—For purposes of this availability of such services, section— ‘‘(2) NEXT GENERATION BROADBAND CREDIT.— ‘‘(D) such services have been purchased by The next generation broadband credit for ‘‘(1) ANTENNA.—The term ‘antenna’ means one or more such subscribers, and any device used to transmit or receive sig- any taxable year is equal to 20 percent of the ‘‘(E) such services are made available to nals through the electromagnetic spectrum, qualified expenditures incurred with respect such subscribers at average prices com- including satellite equipment. to qualified equipment providing next gen- parable to those at which the provider makes ‘‘(2) CABLE OPERATOR.—The term ‘cable op- eration broadband services to qualified sub- available similar services in any areas in erator’ has the meaning given such term by scribers and taken into account with respect which the provider makes available such section 602(5) of the Communications Act of to such taxable year. 1934 (47 U.S.C. 522(5)). services. ‘‘(c) WHEN EXPENDITURES TAKEN INTO AC- ‘‘(13) QUALIFIED EQUIPMENT.— ‘‘(3) COMMERCIAL MOBILE SERVICE CAR- COUNT.—For purposes of this section— N GENERAL RIER.—The term ‘commercial mobile service ‘‘(A) I .—The term ‘qualified ‘‘(1) IN GENERAL.—Qualified expenditures carrier’ means any person authorized to pro- equipment’ means equipment which provides with respect to qualified equipment shall be vide commercial mobile radio service as de- current generation broadband services or taken into account with respect to the first fined in section 20.3 of title 47, Code of Fed- next generation broadband services— taxable year in which— eral Regulations. ‘‘(i) at least a majority of the time during ‘‘(A) current generation broadband services ‘‘(4) CURRENT GENERATION BROADBAND SERV- periods of maximum demand to each sub- are provided through such equipment to ICE.—The term ‘current generation scriber who is utilizing such services, and qualified subscribers, or broadband service’ means the transmission ‘‘(ii) in a manner substantially the same as ‘‘(B) next generation broadband services of signals at a rate of at least 1,000,000 bits such services are provided by the provider to are provided through such equipment to per second to the subscriber and at least subscribers through equipment with respect qualified subscribers. 128,000 bits per second from the subscriber. to which no credit is allowed under sub- ‘‘(2) LIMITATION.— ‘‘(5) MULTIPLEXING OR DEMULTIPLEXING.— section (a)(1). ‘‘(A) IN GENERAL.—Qualified expenditures The term ‘multiplexing’ means the trans- ‘‘(B) ONLY CERTAIN INVESTMENT TAKEN INTO shall be taken into account under paragraph mission of 2 or more signals over a single ACCOUNT.—Except as provided in subpara- (1) only with respect to qualified channel, and the term ‘demultiplexing’ graph (C) or (D), equipment shall be taken equipment— means the separation of 2 or more signals into account under subparagraph (A) only to ‘‘(i) the original use of which commences previously combined by compatible multi- the extent it— with the taxpayer, and plexing equipment. ‘‘(i) extends from the last point of switch- ‘‘(ii) which is placed in service, ‘‘(6) NEXT GENERATION BROADBAND SERV- ing to the outside of the unit, building, after December 31, 2002. ICE.—The term ‘next generation broadband dwelling, or office owned or leased by a sub- ‘‘(B) SALE-LEASEBACKS.—For purposes of service’ means the transmission of signals at scriber in the case of a telecommunications subparagraph (A), if property— a rate of at least 22,000,000 bits per second to carrier, ‘‘(i) is originally placed in service after De- the subscriber and at least 5,000,000 bits per ‘‘(ii) extends from the customer side of the cember 31, 2002, by a person, and second from the subscriber. mobile telephone switching office to a trans- ‘‘(ii) sold and leased back by such person ‘‘(7) NONRESIDENTIAL SUBSCRIBER.—The mission/receive antenna (including such an- within 3 months after the date such property term ‘nonresidential subscriber’ means a per- tenna) owned or leased by a subscriber in the was originally placed in service, son who purchases broadband services which case of a commercial mobile service carrier, such property shall be treated as originally are delivered to the permanent place of busi- ‘‘(iii) extends from the customer side of the placed in service not earlier than the date on ness of such person. headend to the outside of the unit, building, April 17, 2002 CONGRESSIONAL RECORD — SENATE S2853 dwelling, or office owned or leased by a sub- siding in a dwelling located in a rural area or of investment credit), as amended by this scriber in the case of a cable operator or nonresidential subscriber maintaining a per- Act, is amended by striking ‘‘and’’ at the end open video system operator, or manent place of business located in a rural of paragraph (3), by striking the period at ‘‘(iv) extends from a transmission/receive area. the end of paragraph (4) and inserting ‘‘, antenna (including such antenna) which ‘‘(19) SATELLITE CARRIER.—The term ‘sat- and’’, and by adding at the end the following: transmits and receives signals to or from ellite carrier’ means any person using the fa- ‘‘(5) the broadband credit.’’ multiple subscribers, to a transmission/re- cilities of a satellite or satellite service li- (c) SPECIAL RULE FOR MUTUAL OR COOPERA- ceive antenna (including such antenna) on censed by the Federal Communications Com- TIVE TELEPHONE COMPANIES.—Section the outside of the unit, building, dwelling, or mission and operating in the Fixed-Satellite 501(c)(12)(B) (relating to list of exempt orga- office owned or leased by a subscriber in the Service under part 25 of title 47 of the Code nizations) is amended by striking ‘‘or’’ at the case of a satellite carrier or other wireless of Federal Regulations or the Direct Broad- end of clause (iii), by striking the period at carrier, unless such other wireless carrier is cast Satellite Service under part 100 of title the end of clause (iv) and inserting ‘‘, or’’, also a telecommunications carrier. 47 of such Code to establish and operate a and by adding at the end the following: ‘‘(C) PACKET SWITCHING EQUIPMENT.—Pack- channel of communications for distribution ‘‘(v) from the sale of property subject to a et switching equipment, regardless of loca- of signals, and owning or leasing a capacity lease described in section 48B(c)(2)(B), but tion, shall be taken into account under sub- or service on a satellite in order to provide only to the extent such income does not in paragraph (A) only if it is deployed in con- such distribution. any year exceed an amount equal to the nection with equipment described in sub- ‘‘(20) SATURATED MARKET.—The term ‘satu- credit for qualified expenditures which would paragraph (B) and is uniquely designed to rated market’ means any census tract in be determined under section 48B for such perform the function of packet switching for which, as of the date of the enactment of year if the mutual or cooperative telephone current generation broadband services or this section— company was not exempt from taxation and next generation broadband services, but only ‘‘(A) current generation broadband services was treated as the owner of the property sub- if such packet switching is the last in a se- have been provided by one or more providers ject to such lease.’’. ries of such functions performed in the trans- to 85 percent or more of the total number of (d) CONFORMING AMENDMENT.—The table of mission of a signal to a subscriber or the potential residential subscribers residing in sections for subpart E of part IV of sub- first in a series of such functions performed dwellings located within such census tract, chapter A of chapter 1, as amended by this in the transmission of a signal from a sub- and Act, is amended by inserting after the item scriber. ‘‘(B) such services can be utilized— relating to section 48A the following: ‘‘(D) MULTIPLEXING AND DEMULTIPLEXING ‘‘(i) at least a majority of the time during ‘‘Sec. 48B. Broadband credit.’’. EQUIPMENT.—Multiplexing and periods of maximum demand by each such (e) REGULATORY MATTERS.— demultiplexing equipment shall be taken subscriber who is utilizing such services, and (1) PROHIBITION.—No Federal or State agen- into account under subparagraph (A) only to ‘‘(ii) in a manner substantially the same as cy or instrumentality shall adopt regula- the extent it is deployed in connection with such services are provided by the provider to tions or ratemaking procedures that would equipment described in subparagraph (B) and subscribers through equipment with respect have the effect of confiscating any credit or is uniquely designed to perform the function to which no credit is allowed under sub- portion thereof allowed under section 48B of of multiplexing and demultiplexing packets section (a)(1). the Internal Revenue Code of 1986 (as added or cells of data and making associated appli- ‘‘(21) SUBSCRIBER.—The term ‘subscriber’ by this section) or otherwise subverting the cation adaptions, but only if such multi- means a person who purchases current gen- purpose of this section. plexing or demultiplexing equipment is lo- eration broadband services or next genera- (2) TREASURY REGULATORY AUTHORITY.—It cated between packet switching equipment tion broadband services. is the intent of Congress in providing the described in subparagraph (C) and the sub- ‘‘(22) TELECOMMUNICATIONS CARRIER.—The broadband credit under section 48B of the In- scriber’s premises. term ‘telecommunications carrier’ has the ternal Revenue Code of 1986 (as added by this ‘‘(14) QUALIFIED EXPENDITURE.— meaning given such term by section 3(44) of section) to provide incentives for the pur- ‘‘(A) IN GENERAL.—The term ‘qualified ex- the Communications Act of 1934 (47 U.S.C. chase, installation, and connection of equip- penditure’ means any amount— 153(44)), but— ment and facilities offering expanded ‘‘(i) chargeable to capital account with re- ‘‘(A) includes all members of an affiliated broadband access to the Internet for users in spect to the purchase and installation of group of which a telecommunications carrier certain low income and rural areas of the qualified equipment (including any upgrades is a member, and United States, as well as to residential users thereto) for which depreciation is allowable ‘‘(B) does not include a commercial mobile nationwide, in a manner that maintains under section 168, and service carrier. competitive neutrality among the various ‘‘(ii) incurred after December 31, 2002, and ‘‘(23) TOTAL POTENTIAL SUBSCRIBER POPU- classes of providers of broadband services. before January 1, 2004. LATION.—The term ‘total potential sub- Accordingly, the Secretary of the Treasury ‘‘(B) CERTAIN SATELLITE EXPENDITURES EX- scriber population’ means, with respect to shall prescribe such regulations as may be CLUDED.—Such term shall not include any any area and based on the most recent cen- necessary or appropriate to carry out the expenditure with respect to the launching of sus data, the total number of potential resi- purposes of section 48B of such Code, any satellite equipment. dential subscribers residing in dwellings lo- including— ‘‘(15) QUALIFIED SUBSCRIBER.—The term cated in such area and potential nonresiden- (A) regulations to determine how and when ‘qualified subscriber’ means— tial subscribers maintaining permanent a taxpayer that incurs qualified expenditures ‘‘(A) with respect to the provision of cur- places of business located in such area. rent generation broadband services— satisfies the requirements of section 48B of ‘‘(24) UNDERSERVED AREA.—The term ‘un- ‘‘(i) a nonresidential subscriber maintain- such Code to provide broadband services, and derserved area’ means any census tract ing a permanent place of business in a rural (B) regulations describing the information, which is located in— area or underserved area, or records, and data taxpayers are required to ‘‘(A) an empowerment zone or enterprise ‘‘(ii) a residential subscriber residing in a provide the Secretary to substantiate com- community designated under section 1391, dwelling located in a rural area or under- pliance with the requirements of section 48B ‘‘(B) the District of Columbia Enterprise served area which is not a saturated market, of such Code. Zone established under section 1400, and Until the Secretary prescribes such regula- ‘‘(C) a renewal community designated ‘‘(B) with respect to the provision of next tions, taxpayers may base such determina- under section 1400E, or generation broadband services— tions on any reasonable method that is con- ‘‘(D) a low-income community designated ‘‘(i) a nonresidential subscriber maintain- sistent with the purposes of section 48B of under section 45D. ing a permanent place of business in a rural such Code. ‘‘(25) UNDERSERVED SUBSCRIBER.—The term area or underserved area, or (f) EFFECTIVE DATE.—The amendments ‘underserved subscriber’ means a residential ‘‘(ii) a residential subscriber. made by this section shall apply to expendi- subscriber residing in a dwelling located in ‘‘(16) RESIDENTIAL SUBSCRIBER.—The term tures incurred after December 31, 2002, and an underserved area or nonresidential sub- ‘residential subscriber’ means an individual before January 1, 2004. scriber maintaining a permanent place of who purchases broadband services which are business located in an underserved area. SA 3137. Mr. CAMPBELL submitted delivered to such individual’s dwelling. ‘‘(f) DESIGNATION OF CENSUS TRACTS.—The ‘‘(17) RURAL AREA.—The term ‘rural area’ Secretary shall, not later than 90 days after an amendment intended to be proposed means any census tract which— the date of the enactment of this section, to amendment SA 2917 proposed by Mr. ‘‘(A) is not within 10 miles of any incor- designate and publish those census tracts DASCHLE (for himself and Mr. BINGA- porated or census designated place con- meeting the criteria described in paragraphs MAN) to the bill (S. 517) to authorize taining more than 25,000 people, and (17), (20), and (24) of subsection (e). In making funding the Department of Energy to ‘‘(B) is not within a county or county such designations, the Secretary shall con- enhance its mission areas through equivalent which has an overall population sult with such other departments and agen- technology transfer and partnerships density of more than 500 people per square cies as the Secretary determines appro- mile of land. priate.’’. for fiscal years 2002 through 2006, and ‘‘(18) RURAL SUBSCRIBER.—The term ‘rural (b) CREDIT TO BE PART OF INVESTMENT for other purposes; which was ordered subscriber’ means a residential subscriber re- CREDIT.—Section 46 (relating to the amount to lie on the table; as follows: S2854 CONGRESSIONAL RECORD — SENATE April 17, 2002

On page 92, between lines 17 and 18, insert (2) SELECTION OF PARTICIPATING TRIBES.— Act, the Secretary shall submit to the Com- the following: (A) IN GENERAL.—Not later than 1 year mittee on Resources of the House of Rep- Subtitle A—Energy Programs after the date of enactment of this Act, in resentatives and the Committee on Indian accordance with such application and review Affairs and the Committee on Energy and On page 94, line 5, insert ‘‘and nonrenew- procedures as the Secretary, in consultation Natural Resources of the Senate, a report able’’ after ‘‘renewable’’. with interested Indian tribes, shall establish, On page 109, line 5, strike ‘‘renewable’’ and that— the Secretary may select not more than 25 insert ‘‘tribal’’. (1) describes the implementation and effec- Indian tribes to participate in the dem- On page 109, line 12, insert ‘‘and nonrenew- tiveness of the demonstration project; and onstration project. able’’ after ‘‘renewable’’. (2) includes any recommendations of the (B) ADDITIONAL TRIBES.—In addition to the On page 109, line 14, insert ‘‘and nonrenew- Secretary relating to administrative, statu- Indian tribes selected under subparagraph able’’ after ‘‘renewable’’. tory, or other changes that are considered by (A), the Secretary may select an additional 5 On page 115, between lines 3 and 4, insert the Secretary to be necessary to achieve the Indian tribes for each fiscal year after the the following: purposes specified in subsection (a). date of expiration of the 1-year period re- (g) JOINT ENERGY DEVELOPMENT FEASI- Subtitle B—Energy Development ferred to in subparagraph (A). BILITY FUND.— SEC. 411. DEFINITIONS. (C) APPLICATION.—An Indian tribe that (1) IN GENERAL.—There is established in the In this subtitle: seeks to participate in the demonstration Treasury of the United States a fund to be (1) FUND.—The term ‘‘Fund’’ means the project shall submit to the Secretary an ap- known as the ‘‘Joint Energy Development Joint Energy Development Feasibility Fund plication that includes— Feasibility Fund’’. established under section 412(g). (i) certification by the governing body of (2) USE OF FUND.—The Secretary may use (2) INDIAN LAND.— the Indian tribe that the Indian tribe has re- amounts in the Fund to— (A) IN GENERAL.—The term ‘‘Indian land’’ quested to participate in the demonstration (A) provide loans to Indian tribes to assist means any land within the limits of— project; and in— (i) any Indian reservation, pueblo, or (ii) a description of the reasons why the In- (i) identifying energy development oppor- rancheria; or dian tribe seeks to participate in the dem- tunities on Indian land; (ii) a former reservation in Oklahoma; onstration project, including an overview of (ii) preparing and implementing com- which is held in trust by the United States the types of energy development projects and prehensive Indian energy development plans; or subject to Federal restriction upon alien- activities that the Indian tribe anticipates and ation. will be carried out on the Indian land of the (iii) carrying out other activities con- Indian tribe under the demonstration (B) LANDS IN ALASKA.—Land in Alaska sistent with the purposes of this subtitle; owned by an Indian tribe, as that term is de- project. and (d) COMPREHENSIVE INDIAN ENERGY DEVEL- fined in this subsection (3), shall be consid- (B) make grants to Indian tribes to assist OPMENT PLANS.— ered to be Indian land. in the establishment of multi-tribal energy (1) IN GENERAL.—The Secretary shall re- (3) INDIAN TRIBE.— consulting and energy development corpora- quire each Indian tribe that participates in (A) IN GENERAL.—The term ‘‘Indian tribe’’ tions to assist Indian tribes in preparing or the demonstration project to submit to the means any Indian tribe, band, nation or implementing comprehensive Indian energy Secretary for approval a comprehensive In- other organized group or community, includ- development plans. dian energy development plan that— ing any Alaska Native village or regional or (3) INDIAN ENERGY DEVELOPMENT REG- (A) describes the manner in which the In- village corporation as defined in or estab- ISTRY.—In consultation with the Indian dian tribe intends to govern activities of the lished pursuant to the Alaska Native Claims tribes, the Secretary shall compile an Indian Indian tribe with respect to energy sources Settlement Act (85 Stat. 688) (43 U.S.C. 1601 Energy Development Registry to serve as an on the Indian land of the Indian tribe; et seq.) which is eligible to receive services electronic database identifying energy (B) includes information relating to— provided by the United States because of sources on Indian land. Prior to any related (i) the siting of energy facilities on the In- their status as Indians. information being included in the Registry, dian land of the Indian tribe; and (B) TRIBAL CONSORTIA.—For purposes of the Secretary shall seek and secure the ap- (ii) the granting of rights-of-way for any this Act only, the term ‘‘Indian tribe’’ in- proval of the appropriate Indian tribe. energy-related purposes; cludes a consortium of Indian entities de- (4) REPAYMENT OF LOANS.—Under terms and (C) describes how the Indian tribe will pro- scribed in subparagraph (A). conditions approved by the Secretary, an In- tect the environment on its land in conjunc- (4) SECRETARY.—The term ‘‘Secretary’’ dian tribe that receives a loan from the Fund tion with the development of its energy means Secretary of the Interior. shall repay the loan from the proceeds of an sources; and SEC. 412. INDIAN ENERGY DEVELOPMENT DEM- energy development project facilitated by (D) describes any proposed actions by the the loan. ONSTRATION PROJECT. Indian tribe that would require approval (a) PURPOSE.—The purpose of this section (5) AUTHORIZATION OF APPROPRIATIONS.— under the Indian Mineral Development Act There are authorized to be appropriated to is to authorize the Secretary of the Interior of 1982 (25 U.S.C. 2101 et seq.). to establish an Indian energy development the Fund such sums as are necessary to (2) PLAN APPROVAL.— demonstration project to— carry out this section. (A) GUIDELINES.—The Secretary, taking (1) promote the energy self-sufficiency of into consideration the purposes of this sec- SEC. 413. LAND ACQUISITIONS FOR PURPOSES OF ENERGY DEVELOPMENT. the United States by encouraging the devel- tion, shall develop guidelines for the ap- opment of energy resources on Indian land; proval of development plans. (a) APPLICATION.— (2) enable and encourage Indian tribes to (1) IN GENERAL.—On submission, in accord- (B) ACTION BY THE SECRETARY.— take advantage of energy opportunities by ance with section 5 of the Act of June 18, 1934 (i) IN GENERAL.—The Secretary shall ap- expediting the procedures for entering into prove or disapprove a development plan not (25 U.S.C. 465), by an Indian tribe to the Sec- energy development agreements with respect later than 120 days after the Secretary re- retary of an application to take land into to Indian land; ceives the development plan. trust for the purpose of energy development, (3) meet the energy needs of members of the Secretary shall approve the application (ii) FAILURE TO ACT.—If the Secretary fails Indian tribes by encouraging the develop- to approve or disapprove a development plan if the application meets the requirements de- ment of energy resources on Indian land; and within time period specified in clause (i), the scribed in paragraph (2). (4) protect the environmental and eco- development plan shall be considered to be (2) REQUIREMENTS.—The requirements re- nomic interests of Indian tribes and commu- approved. ferred to in paragraph (1) are that— nities located adjacent to Indian land. (A) the land that is proposed to be taken (C) AGREEMENTS.—Notwithstanding any (b) DEFINITIONS.—In this section: other provision of law, after approval by the into trust under the application is located (1) DEMONSTRATION PROJECT.—The term Secretary of a development plan of an Indian within the exterior boundaries of the Indian ‘‘demonstration project’’ means the dem- tribe, the Indian tribe, without further ap- land of an Indian tribe; onstration project carried out by the Sec- proval by the Secretary, may enter into 1 or (B) the land is proposed to be taken into retary under subsection (c)(1). more agreements for the development of en- trust only for purposes consistent with this (2) DEVELOPMENT PLAN.—The term ‘‘devel- ergy sources in accordance with the develop- section; and opment plan’’ means a comprehensive Indian ment plan. (C) the application contains provisions energy development plan described in sub- (e) FEDERAL LIABILITY.—The Secretary that waive any rights of the Indian tribe section (d)(1). shall not be liable for any action taken, or that submitted the application, or any other (3) ENERGY RESOURCE.—The term ‘‘energy any failure to act, by any Indian tribe or Indian tribe, to conduct gaming activities on resource’’ means a renewable or nonrenew- other person in accordance with a develop- the land in accordance with the Indian Gam- able source of energy. ment plan under paragraph (2), unless the ing Regulatory Act (25 U.S.C. 2701 et seq.). (c) ESTABLISHMENT.— Secretary, in approving the plan, has vio- (b) APPROVAL.—If the Secretary does not (1) IN GENERAL.—The Secretary shall carry lated the trust responsibility to that Indian approve or disapprove an application sub- out a demonstration project to provide for tribe. mitted by an Indian tribe under subsection the development of energy sources on Indian (f) REPORT TO CONGRESS.—Not later than 30 (a) within the 120-day period beginning on land. months after the date of enactment of this the date of submission of the application, the April 17, 2002 CONGRESSIONAL RECORD — SENATE S2855 application shall be considered to be ap- (A) the findings made by the Secretary as in cooperation with Indian tribes or tribally- proved. a result of the review under paragraph (1); designated housing entities of Indian tribes, SEC. 414. ENERGY ASSET PRODUCTIVITY EN- (B) an analysis of— may provide, to eligible (as determined by HANCEMENT. (i) the barriers to the development of en- the Secretary of Housing and Urban Develop- (a) FEDERAL WATER AND POWER PROJECTS ergy sources on Indian land; and ment) nonprofit and community organiza- INVENTORY.— (ii) the best means of removing those bar- tions, technical assistance to initiate and ex- (1) IN GENERAL.—Not later than 180 days riers; and pand the use of energy-saving technologies after the date of enactment of this Act, the (C) recommendations of the Secretary with in— Secretary shall complete, publish in the Fed- respect to measures to— (1) new home construction; eral Register, and submit in accordance with (i) increase energy production on Indian (2) housing rehabilitation; and paragraph (2) a report on, an inventory of all land; (3) housing in existence as of the date of federally-owned water projects and power (ii) maximize revenues to Indian tribes and enactment of this Act. projects that are— members of Indian tribes from that energy (d) REVIEW.—The Secretary of Housing and (A) under the jurisdiction of the Secretary; production; and Urban Development and the Secretary of the and (iii) ensure the timely payment of revenues Interior, in consultation with Indian tribes (B) located on Indian land. from that energy production. or tribally-designated housing entities of In- (2) REPORT.—The Secretary shall submit to (3) RECOMMENDATIONS.—The Secretary dian tribes, shall— the Committee on Resources of the House of shall implement the recommendations de- (1) complete a review of regulations pro- Representatives and the Committee on In- scribed in paragraph (2)(C) for which the Sec- mulgated by the Secretary of Housing and dian Affairs and the Committee on Energy retary has implementation authority. Urban Development and the Secretary of the and Natural Resources of the Senate a report (4) IMPACTS ON INDIAN LAND.—Notwith- Interior to determine any necessary and fea- that— standing the Federal Oil and Gas Royalty sible measures that may be taken to pro- (A) describes the results of the inventory Management Act of 1982 (30 U.S.C. 1701 et mote greater use of energy efficient tech- completed under paragraph (1); seq.), an Indian tribe shall be eligible for as- nologies in housing for which Federal assist- (B) identifies potentially transferable sistance to mitigate the effects of explo- ance is provided under the Native American water projects and power projects contained ration, extraction, and removal of oil or gas Housing Assistance and Self-Determination in the inventory completed under paragraph on Indian land to the same extent as a State Act of 1996 (25 U.S.C. 4101 et seq.); (1); and is eligible for assistance for exploration, ex- (2) develop energy efficiency and conserva- (C) includes options recommended by the traction, or removal of oil and gas on State tion measures for use in connection with Secretary for the eventual ownership, man- land. housing that is— agement, operation, and maintenance of (b) INDIAN MINERAL DEVELOPMENT ACT RE- (A) located on Indian land; and those projects by Indian tribes (including VIEW.— (B) constructed, repaired, or rehabilitated ownership, management, operation, and (1) IN GENERAL.—Not later than 1 year after using assistance provided under any law or maintenance in accordance with the Indian the date of enactment of this Act, the Sec- program administered by the Secretary of Self-Determination and Education Assist- retary shall complete, and submit to Con- Housing and Urban Development and the ance Act (25 U.S.C. 450 et seq.)). gress in accordance with paragraph (2) a re- Secretary of the Interior, including— (b) FEDERAL TRANSFERS.— port on, a review of all activities that have (i) the Native American Housing Assist- (1) IN GENERAL.—After publication of the been conducted on Indian land under the In- ance and Self-Determination Act of 1996 (25 inventory under subsection (a)(1), and on the dian Mineral Development Act of 1982 (25 U.S.C. 4101 et seq.); and request of an Indian tribe, the Secretary U.S.C. 2101 et seq.). (ii) the Indian Home Improvement Pro- shall transfer the ownership of any water (2) REPORT.—The Secretary shall submit to gram of the Bureau of Indian Affairs; and project or power project to the Indian tribe the Committee on Resources of the House of (3) promote the use of the measures de- if— Representatives and the Committee on In- scribed in paragraph (2) in programs admin- (A) the project is— dian Affairs and the Committee on Energy istered by the Secretary of Housing and (i)(I) owned by the United States; and and Natural Resources of the Senate a report Urban Development and the Secretary of the (II) under the administrative jurisdiction that describes— Interior, as appropriate. of the Secretary; and (A) the findings made by the Secretary as (ii) located on the Indian land of the Indian a result of the review under paragraph (1); SA 3138. Mrs. BOXER (for herself and tribe; (B) an analysis of— Mrs. FEINSTEIN) submitted an amend- (B) the Indian tribe agrees to hold the (i) the barriers to the development of en- ment intended to be proposed to United States harmless for any liability re- ergy sources on Indian land; and amendment SA 2917 proposed by Mr. (ii) the best means of removing those bar- lating to ownership, management, operation, DASCHLE (for himself and Mr. BINGA- and maintenance of the project by the Indian riers; and MAN) to the bill (S. 517) to authorize tribe; and (C) recommendations of the Secretary with (C) the Secretary determines that the respect to measures to— funding the Department of Energy to transfer— (i) increase energy production on Indian enhance its mission areas through (i) is in the best interests of the United land; and technology transfer and partnerships States and the Indian tribe; and (ii) maximize the opportunities to develop for fiscal years 2002 through 2006, and (ii) would not be detrimental to local com- those energy sources. for other purposes; which was ordered munities. (3) RECOMMENDATIONS.—The Secretary to lie on the table; as follows: (2) NO CHANGE IN PURPOSE OR OPERATION.— shall implement the recommendations de- scribed in paragraph (2)(C) for which the Sec- On page 191, strike lines 8 through 11 and No transfer of a water project or power insert the following: project under paragraph (1) shall authorize retary has implementation authority. SEC. 416. ENERGY EFFICIENCY AND CONSERVA- ‘‘(4) CELLULOSIC BIOMASS ETHANOL.— any change in the purpose or operation of ‘‘(A) IN GENERAL.—For the purpose of para- the project. TION IN INDIAN HOUSING. (a) FINDING.—Congress finds that the Sec- graph (2)— SEC. 415. REVIEW OF PROVISIONS RELATING TO retary of Housing and Urban Development ‘‘(i) except as provided in clause (ii), 1 gal- ENERGY ON INDIAN LAND. should promote energy conservation in hous- lon of cellulosic biomass ethanol shall be (a) FEDERAL OIL AND GAS ROYALTY MAN- ing located on Indian land that is assisted considered to be the equivalent of 1.5 gallons AGEMENT ACT REVIEW.— with Federal resources through— of renewable fuel; and (1) IN GENERAL.—Not later than 1 year after (1) the use of energy-efficient technologies ‘‘(ii) 1 gallon of cellulosic biomass ethanol the date of enactment of this Act, the Sec- and innovations (including the procurement shall be considered the equivalent of 2 gal- retary shall complete, and submit to Con- of energy-efficient refrigerators and other lons of renewable fuel if the cellulosic bio- gress in accordance with paragraph (2) a re- appliances); mass ethanol is derived from agricultural port on, a review of the royalty system for (2) the encouragement of shared savings residues. oil and gas development on Indian land— contracts; and ‘‘(B) CELLULOSIC BIOMASS ETHANOL CONVER- (A) under the Federal Oil and Gas Royalty (3) other similar technologies and innova- SION ASSISTANCE.— Management Act of 1982 (30 U.S.C. 1701 et tions considered appropriate by the Sec- ‘‘(i) IN GENERAL.—The Secretary of Energy seq.); and retary of Housing and Urban Development. may make grants to merchant producers of (B) in accordance with leases of Indian (b) ENERGY EFFICIENCY IN ASSISTED HOUS- cellulosic biomass ethanol to assist such pro- land that involve the development of oil or ING.—Section 202(2) of the Native American ducers in building eligible facilities for the gas resources on that land. Housing and Self-Determination Act of 1996 production of cellulosic biomass ethanol. (2) REPORT.—The Secretary shall submit to (25 U.S.C. 4132(2)) is amended by inserting ‘‘(ii) ELIGIBILE FACILITIES.—A facility shall the Committee on Resources of the House of ‘‘improvement to achieve greater energy ef- be eligible to receive a grant under this para- Representatives and the Committee on In- ficiency,’’ after ‘‘planning,’’. graph if the facility— dian Affairs and the Committee on Energy (c) TECHNICAL ASSISTANCE TO NONPROFIT ‘‘(I) is located in the United States; and and Natural Resources of the Senate a report AND COMMUNITY ORGANIZATIONS.—The Sec- ‘‘(II) uses cellulosic biomass ethanol feed that describes— retary of Housing and Urban Development, stocks derived from agricultural residues. S2856 CONGRESSIONAL RECORD — SENATE April 17, 2002

‘‘(iii) AUTHORIZATION OF APPROPRIATIONS.— not accepting any alternative condition available by 2020 and annually thereafter. There is authorized to be appropriated to under this subsection, including the effects The program shall also include timetables carry out this paragraph such sums as may of the condition accepted and alternatives for development of technologies to provide 50 be necessary for fiscal years 2003, 2004, and not accepted on energy supply, distribution, million gasoline equivalent gallons of hydro- 2005.’’. cost, and use, air quality, flood control, navi- gen for sale in fueling stations in the United gation, and drinking, irrigation, and recre- States by 2010 and at least 2.5 billion gaso- SA 3139. Mrs. BOXER (for herself and ation water supply, based on such informa- line equivalent gallons by 2020 and annually Mrs. FEINSTEIN) submitted an amend- tion as may be available to the Secretary, thereafter. The Secretary shall annually in- ment intended to be proposed to including information voluntarily provided clude a review of the progress toward meet- amendment SA 2917 proposed by Mr. in a timely manner by the applicant and oth- ing the vehicle sales of Energy budget.’’ ers. f DASCHLE (for himself and Mr. BINGA- ‘‘(4) Nothing in this subsection shall pro- MAN) to the bill (S. 517) to authorize hibit other interested parties from proposing AUTHORITY FOR COMMITTEES TO funding the Department of Energy to alternative conditions.’’ MEET enhance its mission areas through (b) ALTERNATIVE FISHWAYS.—Section 18 of COMMITTEE ON INDIAN AFFAIRS technology transfer and partnerships the Federal Power Act (16 U.S.C. 811) is Mr. REID. Mr. President, I seek the for fiscal years 2002 through 2006, and amended by— unanimous consent that the Com- for other purposes; which was ordered (1) inserting ‘‘(a)’’ before the first sentence; and mittee on Indian Affairs be authorized to lie on the table; as follows: (2) adding at the end the following: to meet on Wednesday, April, 17, 2002, Beginning on page 204, strike line 15 and ‘‘(b)(1) Whenever the Secretary of the Inte- at 2 p.m., in room 485 of the Russell all that follows through page 205, line 8 and rior or the Secretary of Commerce prescribes Senate Office Building to conduct an insert the following: a fishway under this section, the license ap- ‘‘Notwithstanding any other provision of plicant or the licensee may propose an alter- oversight hearing on subsistence hunt- federal or state law, a renewable fuel, as de- native to such prescription to construct, ing and fishing issues in the State of fined by this Act, used or intended to be used maintain, or operate a fishway. Alaska. as a motor vehicle fuel, or any motor vehicle ‘‘(2) Notwithstanding subsection (a), the The PRESIDING OFFICER. Without fuel containing such renewable fuel, shall be Secretary of the Interior or the Secretary of objection, it is so ordered. subject to liability standards no less protec- Commerce, as appropriate, shall accept and SELECT COMMITTEE ON INTELLIGENCE tive of human health, welfare and the envi- prescribe, and the Commission shall require, Mr. REID. Mr. President, I ask unan- ronment than any other motor vehicle fuel the proposed alternative referred to in para- or fuel additive.’’. graph (1), if the Secretary of the appropriate imous consent that the Select Com- department determines, based on substantial mittee on Intelligence be authorized to SA 3140. Mr. NELSON of Nebraska evidence provided by the licensee, that the meet during the session of the Senate submitted an amendment intended to alternative— on Wednesday, April 17, 2002, at 2:30 be proposed to amendment SA 2917 pro- ‘‘(A) will be no less protective of the fish- p.m., to hold an open hearing on the posed by Mr. DASCHLE (for himself and ery than the fishway initially prescribed by nomination of John L. Helgerson to be the Secretary; and Mr. BINGAMAN) to the bill (S. 517) to au- Inspector General of the Central Intel- ‘‘(B) with either— thorize funding the Department of En- ‘‘(i) cost less to implement, or ligence Agency. ergy to enhance its mission areas ‘‘(ii) result in improved operation of the The PRESIDING OFFICER. Without through technology transfer and part- project works for electricity production as objection, it is so ordered. nerships for fiscal years 2002 through compared to the fishway initially prescribed SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT 2006, and for other purposes; which was by the Secretary. AND THE COURTS ordered to lie on the table; as follows: ‘‘(3) The Secretary shall submit into the Mr. REID. Mr. President, I ask unan- public record of the Commission proceeding Strike Title III and insert the following: imous consent that the Committee on with any prescription under subsection (a) or the Judiciary Subcommittee on Ad- SEC. 301. ALTERNATIVE CONDITIONS AND alternative prescription it accepts under this FISHWAYS. subsection a written statement explaining ministrative Oversight and the Courts (a) ALTERNATIVE MANDATORY CONDITIONS.— the basis for such prescription, and reason be authorized to meet to conduct a Section 4 of the Federal Powers Act (16 for not accepting any alternative prescrip- hearing on ‘‘Should the Office of Home- U.S.C. 797) is amended by adding at the end tion under this subsection, including the ef- land Security Have More Power? A the following: fects of the prescription accepted or alter- Case Study in Information Sharing’’ on ‘‘(h)(1) Whenever any person applies for a native not accepted on energy supply, dis- license for any project works within any res- Wednesday, April 17, 2002, at 9:30 a.m., tribution, cost, and use, air quality, flood in Dirksen 226. ervation of the United States under sub- control, navigation, and drinking, irrigation, section (e), and the Secretary of the depart- and recreation water supply, based on such Witness List ment under whose supervision such reserva- information as may be available to the Sec- Panel I: Mr. Vance Hitch, Chief Infor- tion falls (in this subsection referred to the retary, including information voluntarily ‘Secretary’) shall deem a condition to such provided in a timely manner by the appli- mation Officer, Department of Justice, license to be necessary under the first pro- cant and others. Washington, DC; Mr. Eugene O’Leary, viso of such section, the license applicant ‘‘(4) Nothing in this subsection shall pro- Acting Assistant Director for the Infor- may propose an alternative condition. hibit other interested parties from proposing mation Resource Division, Federal Bu- ‘‘(2) Notwithstanding the first proviso of alternative prescriptions.’’ reau of Investigation, Washington, DC; subsection (e), the Secretary of the depart- and Mr. Scott Hastings, Deputy Asso- ment under whose supervision the reserva- SA 3141. Mr. DORGAN (for himself, tion falls shall accept the proposed alter- ciate Commissioner for Information Ms. CANTWELL, and Mr. BAYH) sub- Resources, Immigration and Natu- native condition referred to in paragraph (1), mitted an amendment intended to be and the Commission shall include in the li- ralization Service, Washington, DC. cense such alternative condition, if the Sec- proposed to amendment SA 2917 by Mr. Panel II: Mr. Leon Panetta, Director, retary of the appropriate department deter- DASCHLE (for himself and Mr. BINGA- Panetta Institute, Monterey Bay, Cali- mines, based on substantial evidence pro- MAN) to the bill (S. 517) to authorize fornia; Mr. George J. Terwilliger III, vided by the license applicant, that the al- funding the Department of Energy to Partner, White & Case, Washington, ternative condition— enhance its mission areas through DC; Mr. Philip Anderson, Senior Fel- ‘‘(A) provides for the adequate protection technology transfer and partnerships and utilization of the reservation; and low, International Security Program, for fiscal years 2002 through 2006, and Center for Strategic and International ‘‘(B) with either— for other purposes; which was ordered ‘‘(i) cost less to implement, or Studies, Washington, DC; and Mr. Paul ‘‘(ii) result in improved operation of the to lie on the table; as follows: C. Light, Vice President and Director, project works for electricity production as On page 213, after line 10, insert: Governmental Studies, Brookings In- compared to the condition initially deemed SEC. 824. FUEL CELL VEHICLE PROGRAM. stitute, Washington, DC. necessary by the Secretary. Not later than one year from date of enact- The PRESIDING OFFICER. Without ‘‘(3) The Secretary shall submit into the ment of this section, the Secretary shall de- objection, it is so ordered. public record of the Commission proceeding velop a program with timetables for devel- with any condition under subsection (e) or oping technologies to enable at least 100,000 SUBCOMMITTEE ON THE CONSTITUTION, alternative condition it accepts under this hydrogen-fueled fuel cell vehicles to be avail- FEDERALISM AND PROPERTY RIGHTS subsection a written statement explaining able for sale in the United States by 2010 and Mr. REID. Mr. President, I ask unan- the basis for such condition, and reason for at least 2.5 million of such vehicles to be imous consent that the Committee on April 17, 2002 CONGRESSIONAL RECORD — SENATE S2857 the Judiciary Subcommittee on the much the courtesy of the Senator from The last time we had an ANWR vote, Constitution, Federalism & Property Alaska. He has been here for days. it was a simple majority. We were not Rights be authorized to meet to con- With his courtesy, I can go home a cou- faced with a cloture vote. We were not duct a hearing on ‘‘Applying the War ple hours before he can, and I appre- faced with having to overcome 60 votes. Powers Resolution to the War on Ter- ciate that very much. Equity is equity and rules are rules, rorism,’’ on Wednesday, April 17, 2002, The PRESIDING OFFICER. The Sen- and I understand that. But the manner at 2 p.m., in SD–226. ator from Alaska is recognized. in which this occurred is particularly Panel: Mr. John Yoo, Deputy Assist- f offensive to me because I happened to ant Attorney General, Office of Legal be at the beginning of this year the NATIONAL LABORATORIES PART- Counsel, U.S. Department of Justice, chairman of the Energy and Natural NERSHIP IMPROVEMENT ACT OF Washington, DC; Mr. Louis Fisher, Resources Committee. One of my goals, 2001—Continued Senior Specialist in Separation of Pow- of course, was to present before that ers, Congressional Research Service, Mr. MURKOWSKI. I thank my good committee that I chaired the ANWR Library of Congress, Washington, DC; friend, the majority whip from Nevada. amendment, debate it, and vote it out. Mr. Alton Frye, Presidential Senior I am sure at some point in time the sit- Then we had a little change of struc- Fellow and Director, Program on Con- uation will be reversed, and we will be ture in the Senate in June and, as a gress and Foreign Policy, Council on on a Nevada issue of some torturous consequence, the Republicans lost con- Foreign Relations, Washington, DC; nature, Yucca Mountain or some such trol of the Senate. I still had hopes be- Mr. Michael Glennon, Professor of Law issue, and he will be here through the cause some of my Democratic friends and Scholar in Residence, The Wood- evening time. had actually visited ANWR and they row Wilson International Center for I recognize the hour is late, and I were convinced it could be opened up Scholars, Washington, DC; Mr. Douglas also recognize the issue before us is the safely. As a consequence of the chro- Kmiec, Dean of the Columbus School of crux of the energy debate. It is the so- nology of that, I had assumed we would Law, The Catholic University of Amer- called lightning rod known as ANWR. take up the energy bill in the com- ica, Washington, DC; Ms. Jane It has been interesting to be here mittee of jurisdiction, debate it, come Stromseth, Professor of Law, George- today and participate with a number of up with amendments, and present it on town University Law Center, Wash- Senators, almost all of whom have the floor of the Senate. ington, DC; and Ms. Ruth Wedwood, never been to my State and visited Had that been done, we would not Edward B. Burling Professor of Inter- ANWR. They certainly had some have been required to have a 60-vote national Law and Diplomacy, Yale Law strong opinions about it. One has to point of order on a cloture vote, and we School and The Paul H. Nitze School of question where those opinions may all know that, but that was not the Advanced International Studies, Wash- have come from, but I am sure they case because I can only assume ington, DC. meant well and their own convictions through a recognition of the exposure The PRESIDING OFFICER. Without as they stated them were reflective of that the Republicans had lost control objection, it is so ordered. information they had. of the Senate and the recognition of f I am going to spend a little time to- the availability of the rules that the night on information and education. PRIVILEGES OF THE FLOOR Democratic leadership found a way to Make no mistake about it, Mr. Presi- get around that. Mr. WELLSTONE. I ask unanimous dent, you and I both know we are What they did is they simply took consent an intern in my office, Tanya speaking to an empty Chamber. On the the energy bill away from the com- Balsky, be allowed privileges on the other hand, I appreciate the courtesy mittee of jurisdiction and proceeded to floor for the day. of your attention and that of the staff introduce it on the floor of the Senate, The PRESIDING OFFICER. Without who is still with us. as is the prerogative of the majority objection, it is so ordered. We have a different audience out leader. Mrs. MURRAY. I ask unanimous con- there, and we do not know who they Whether it is crooked or not, whether sent that Christopher Jackson, a fellow are, but I think it is fair to say that you feel bad or not, it is within the in my office, be granted the privilege of from the debate here, a lot of Members rules of this body and, as a con- the floor for the duration of the debate of this body are not too well informed sequence, it was done. on the energy bill, S. 517. on the factual issues in my State of That presented the dilemma that The PRESIDING OFFICER. Without Alaska. Senator STEVENS and I have Senator STEVENS and I faced in pro- objection, it is so ordered. attempted to change that by a charac- ceeding. It was a little more complex f terization that we think is representa- than that because it put a burden on ORDER FOR ADJOURNMENT tive of the facts associated with re- other Members, as well, because the Mr. REID. Mr. President, if there is source development in our State. other Members clearly, as we got into no further business to come before the I hope as we address whatever audi- the intricacies of the energy bill, were Senate, I ask unanimous consent that ence may be out there, that they, too, faced with an educational process of the Senate stand in adjournment fol- recognize certain realities of those of electricity, alternative energy sources, lowing the statement of the Senator us who have been elected by our con- some relatively complex issues that or- from Alaska, which is for debate only, stituents to represent their interests. dinarily would be addressed in the vein as we have discussed. It is in that vein that I speak to you of the committee process, and go to the Mr. MURKOWSKI. Mr. President, re- tonight, Mr. President. floor with specific recommendations serving the right to object, I have been I guess this all started in the sense of and block bases of support. notified there may be another Repub- a slippery slope when Republicans lost In any event, to get to the bottom lican who will speak. control of this body. We had a vote on line, we are faced with the reality that Mr. REID. I am going to include that. ANWR in 1995. It passed in the omnibus we now need 60 votes because it was If there is no further business to bill. President Clinton vetoed it. At structured that way. There was no come before the Senate, I ask unani- that time, control of the Senate was in other way to avoid it because we sim- mous consent that the Senate stand in Republican hands, 55 to 45. Now it is 50 ply could not get a simple majority adjournment under the previous order to 49 in favor of the Democrats. This is vote for the reason we had to add the following the statements of the Sen- a clear reality, and I am sure it will be ANWR amendment in, and in so doing, ator from Alaska, Mr. MURKOWSKI, and reflected in the cloture votes tomor- we were under the exposure of cloture. the Senator from Texas, Mr. GRAMM, row. Had it been in the bill, we would have and that their statements be for debate One could say that the salvation of been faced with the much more favor- only. ANWR is pretty much directed by the able alternative of a simple majority. The PRESIDING OFFICER. Without Republican Party. That certainly has So that is where we are today. objection, it is so ordered. been the case in the past, and it ap- I think it is important to reflect a Mr. REID. Mr. President, let me take pears to be the case today. We will see little bit on where the amendments are a minute and say I appreciate very where it is tomorrow. relative to what is before us. As I think S2858 CONGRESSIONAL RECORD — SENATE April 17, 2002 everyone is quite familiar with by now, consequence of the opportunity, recog- nating the steel industry? What is we have a second degree, and the sec- nize that we were probably going to going to be done about the prospects of ond degree is very specific in its rec- generate somewhere between $10 billion a major order for 3,000 miles of pipe? I ognition of what it does. It specifically and $12 billion over 30 years from the guess we will just shrug and say: Well, states that any proceeds from the de- royalties and lease sale of ANWR? Why there goes another contract overseas velopment of ANWR, which would re- not put it into the steel industry? that could have been done by American sult from the leases and the royalty The second-degree amendment that labor. bids, would go to the steel industry. is pending and will be voted on first to- So that is the second degree we are I think the rationale for this is quite morrow, which should be of great inter- going to be voting on first tomorrow. evident. The steel industry is in a dif- est to the steel industry and the In line with that, I have been handed ficult position. We have seen a decline unions, as well as some 600,000 current a letter from PHIL ENGLISH and BOB of that industry. People have indicated retirees who, I understand, are in jeop- NEY, both Members of Congress: from time to time there are a couple of ardy of losing their health care bene- U.S. CONGRESS, things we have to have as a nation. One fits, would be an opportunity to ad- Washington, DC April 17, 2002. is steel. One is energy. One is food. We dress that. Hon. TED STEVENS, Senator, Washington, DC. have seen our steel industry reduced We structured a revenue split for the DEAR SENATOR STEVENS: We write as mem- dramatically in the last couple of dec- second-degree amendment. Initially, it bers of the House with a strong interest in ades to the point where the viability of would contribute to the steel legacy the steel industry to convey our strong sup- the American steel industry is clearly program approximately $8 billion. Rec- port of your efforts to resolve the legacy cost in question. ognizing that there is a shortfall in the burden of the domestic steel industry, and What we had was an opportunity to United Coal Mine Workers combined especially your efforts to assist the steel in- dustry’s retirees and their dependents. meld two projects together. This would benefit funds, there was a proposal that As you know, the domestic steel industry address jobs, this would address the op- a billion dollars would go into that has significant unfunded pension liabilities portunity to revitalize the American fund. as well as massive retiree health care respon- steel industry, because, as has been Some people are going to criticize sibilities that total $13 billion and cost the pointed out, with the discovery of nat- this and say this is a way to buy votes; steel industry almost $1 billion annually. ural gas in Prudhoe Bay, we came this is a way to take money from the These pension and health care liabilities across about 36 trillion cubic feet of Federal Treasury. pose a significant barrier to steel industry natural gas. I encourage Members to reflect a lit- consolidation and rationalization that could improve the financial condition of the indus- I am going to point out the general tle bit on what our obligation is to try and reduce the adverse impact of un- area of Prudhoe Bay. As a consequence those who depend on Medicare. Many of fairly traded foreign imports. of that discovery of gas, the question those people will fall into that cat- It has come to our attention that a unique was: When and how can it be devel- egory, if they are not already there. opportunity has arisen in the Senate to re- oped? Obviously, we have an obligation to move this barrier to rationalization while as- It was found as a consequence of de- consider how to take care of those that sisting the retirees, surviving spouses, and veloping the Prudhoe Bay oilfield. As have contributed into retirement funds dependents of the domestic steel industry. It is our understanding that you have offered we developed the oilfields, we found and found those funds not adequately an amendment to the energy bill this week more gas. We did not have any way to funded for the benefits. which will break the impasse on the legacy take that gas to market. So we began So as we address the merits of how problem. to develop some proposals. this effort is structured, we should con- Once again, we would like to extend our The blue line on the chart indicates sider a more positive contribution, and wholehearted support to you in this endeav- the proposed route of the TransAlaska that is the $232 million that is proposed or. We look forward to working with you to gasline. That line is estimated to be for commercial grants for the retooling find a viable solution to bring a sense of se- curity to the over 600,000 retirees, surviving about 3,000 miles long. It would go ulti- of the industry so they can address spouses, and dependents before the end of the mately to the Chicago city gate. It competitively a large project like the 107th Congress. would move about 4 billion cubic feet a $5 billion natural gas pipeline, some Sincerely, day and have a capacity of about 6 bil- 3,000 miles of pipeline. Phil English, Bob Ney, Steven lion cubic feet a day. I have to be care- Further, there was funding for $155 LaTourette, Robert Aderholt, George ful with the numbers because the de- million of labor training. There was Gekas, Jack Quinn, John Shimkus, sign capacity is in the trillions. The also another $160 million for conserva- Frank Mascara, Ralph Regula, Alan movement per day is in the billions. tion programs, for maintenance of park Mollohan, William Lipinski, and Me- lissa Hart. As a consequence, it would be the and habitat restoration. That is what Mr. MURKOWSKI. There is an ex- largest construction project ever un- the second-degree amendment is all pression from a dozen or so House dertaken in North America. The cost is about. It says the money that is recog- Members saying this is an opportunity. estimated to be about $20 billion. nized from the sale of leases and royal- You might not get it again. We have We have had some experience because ties from ANWR, which is Federal land, identified significant funding to rejuve- we built an oil pipeline that traversed will go back and rejuvenate the steel nate the steel industry, take care of a significant portion of Alaska. That industry so it can get back on its feet the retirees, and put it back on its feet. oil pipeline is seen on this particular and again address its opportunity to As we address the amendment, I want chart. It goes from Prudhoe Bay to participate in the continued develop- to make sure everybody understands Valdez. All of that pipe came from ment of steel products in this country what is in it. There have been gen- Japan, Korea, and Italy. Why? Because as opposed to having them imported. eralizations from the other side that we did not make 48-inch oil pipe. As the Presiding Officer knows, this this is simply a second-degree amend- With this other proposal I have out- administration just granted a 30-per- ment which takes any funds that would lined, the obvious opportunity for the cent protective tariff on steel. So open up ANWR and provides for the re- American steel industry, for rejuvena- clearly they have an opportunity, they juvenation of the steel industry, while tion, is, who is going to make this have kind of a comfort zone, if they are the first degree would be an up-down pipe? This is going to be 52-inch pipe. It willing to recognize the benefits of vote on opening ANWR. is going to be X–80 to X–100 steel. That this. First of all, this amendment does not is the tinsel strength of the steel. The I understand some Members said we open ANWR. ANWR would only be significance of that is obvious. Some- are going to take this up separately opened if our President certifies to body is going to build it. If it is not anyway, but the fallacy in that argu- Congress that the exploration, develop- built in America, where is it going to ment is where is the money going to ment, and production of oil and gas re- be built? I assume Japan, Korea, Tai- come from? There is no identification sources in the ANWR Coastal Plain are wan perhaps. of the funds. If we do not open ANWR, in the national economic and security Is there a way we could build that we are not going to have that avail- interests of the United States. steel in this country, stimulate the re- ability of this $10 billion to $12 billion. It is pretty simple. The President of juvenation of the industry and, as a What is going to be done about rejuve- the United States has to certify that April 17, 2002 CONGRESSIONAL RECORD — SENATE S2859 the ANWR Coastal Plain should be Israel an oil supply agreement that ex- in support of your amendment regarding oil open. Then the Secretary of the Inte- pires in the year 2004. We are extending exploration in the ANWR. rior will implement a leasing program. that to the year 2014. Sincerely, Then the following will apply. Where is the Israeli lobbying group? I HERBERT ZWEIBON, I don’t want to hear any more that Chairman, Americans will throw a few in the Record: the Zi- for a Safe Israel. this is an up-down vote to open ANWR. onist Organization of America, Ameri- It is to give our President extraor- cans For A Safe Israel, B’Nai B’rith B’NAI B’RITH INTERNATIONAL, dinary authority, almost a declaration International. Washington, DC, March 12, 2002. of war. Don’t we trust him and his Cab- I ask unanimous consent these let- Hon. GEORGE W. BUSH, inet to make a determination that this ters be printed in the RECORD. The White House, is in the national security interests of Thee being no objection, the letters Washington, DC. this Nation? I certainly trust our DEAR MR. PRESIDENT: We write to you as were ordered to be printed in the the US Senate debates national energy legis- President to make that finding. The RECORD, as follows: lation, a critical national security issue, in President has to certify to us, the Con- ZIONIST ORGANIZATION OF AMERICA, support of both modest Corporate Average gress, that exploration, development, New York, NY, November 26, 2001. Fuel Economy increases and the environ- and production are in the national eco- Hon. FRANK MURKOWSKI, mentally safe exploration and extraction of nomic and security interests. I can U.S. Senate, petroleum from the Arctic National Wildlife state now it is certainly in the na- Washington, DC. Refuge. Together Washington will lessen the tional security interests relative to the DEAR SENATOR MURKOWSKI: On behalf of nation’s reliance on foreign energy sources, situation in the Middle East where we the Zionist Organization of America—the now estimated at close to 60 percent of our consumption. are 58-percent dependent on imported oldest, and one of the largest, Zionist move- ments in the United States—we are writing We endorse the recent compromise pro- oil. I will get into that later. The stim- to express our strong support for your efforts posal to bring required fuel economy ratings ulation of the steel industry alone sub- to make our country less dependent on for- for vehicles—including sport utility vehicles stantiates that particular cover. eign oil sources, by developing the oil re- now subject to a lower standard—up to 35 We will look at what is in this. There sources in Alaska’s Arctic National Wildlife miles per gallon by 2015. As you know, under is a Presidential finding. The President Refuge. current federal regulations automakers are has the authority. We are giving it to At time when our nation is at war against required to achieve an average of 27.5 mpg him. He has to come to Congress and international terrorism, it is more impor- for new passenger cars, and only 20.7 mpg for tant than ever that we work quickly to free new light-duty trucks. The reinstitution of a certify, again, production is in the na- meaningful CAFE standard will serve as a tional economic and security interests. ourselves of dependence on oil produced by extremist dictators. Such dependence leaves hallmark of America’s conservation policy; We have mandated a 2,000-acre limi- the United States dangerously vulnerable. the National Academy of Sciences concluded tation on surface disturbance. It is Your initiative to develop the vast oil re- recently that CAFE requirements have re- that simple. That is what it means, sources of Alaska will make it possible to rid sulted in a savings of ‘‘roughly 2.8 million 2,000 acres. We have an export ban. Oil America of this dependence and thereby barrels of gasoline per day from where it from the refuge cannot be exported. strengthen our nation’s security. would be in the absence of CAFE standards.’’ I heard a conversation the oil will be Sincerely, Similarly, it must be recognized that con- exported or has been exported. The nat- MORTON A. KLEIN, servation alone is not a meaningful answer National President. to the new realities our nation faces. Ending ural market for Alaskan oil is the west our dependency on oil and natural gas from coast of the United States. We have a DR. ALAN MAZUREK, Chairman of the dictorial regimes and authoritarian govern- chart that demonstrates where Alas- Board. ments that actively sponsor international kan oil goes. It goes to the nearest re- DR. MICHAEL GOLDBLATT, terrorist groups—including al-Qaeda and fining areas. This chart shows Alaska Chairman, National other movements that threaten our nation’s and Valdez. It shows it goes to Puget Executive Com- most cherished principles—requires increas- Sound in the State of Washington, it mittee. ing domestic production, too. Such a plan in- goes to San Francisco, Los Angeles, SARAH STERN, cludes exploration and extraction in the Arc- tic refuge. While B’nai B’rith International and some to Hawaii. We do not see a National Policy Coor- dinator. sympathizes with some of the environmental line to Japan. We exported some to issues that have been raised regarding that Japan. It was excess to the west coast AMERICANS FOR A SAFE ISRAEL, area’s future, we believe that, in wartime, refineries. That is the economics of it. New York, NY, November 30, 2001. our number one priority must be to take all Why send it further? Can you get more Attention: Brian Malnak credible steps necessary to protect our na- for it? That is kind of hard to figure be- Hon. FRANK H. MURKOWSKI, tional security interests. Replacing up to 30 cause you bring it over from Iraq or U.S. Senate Hart Building, years worth of oil imports from Saudi Arabia from Saudi Arabia when you have it in Washington, DC. or 50 years of oil imports from Iraq will pro- DEAR SENATOR MURKOWSKI: Americans for vide critical leverage for American foreign proximity relative to Alaska. policy in the years to come. The other thing unique about this a Safe Israel is a national organization with chapters throughout the country and a grow- To be sure, it will be several years before oil, it could only go in U.S. ships be- both of these important proposals will have cause of the Jones Act, mandating car- ing membership including members living in other countries. AFSI was founded in 1971, a discernable impact on US energy policy. At riage between two American ports be dedicated to the premise that a strong Israel this time there is every reason to believe in U.S.-flagged vessels. These are is essential to Western interests in the Mid- that we will still be fighting terrorists who American jobs. Every one of the ships dle East. seek to destroy our nation. Accordingly, it is was built in a U.S. yard. Every one of We have many Middle East experts on our imperative that both measures are enacted committees, who have authored texts on into law at the earliest opportunity so that those is crewed by U.S. crews and car- by decade’s end America will be less reliant ries an American flag. And 85 percent Israel and the Arab states and have appeared in television interviews, forums, and on on foreign energy and enjoy greater national of the total tonnage in the American security. merchant marine is in the Alaskan oil newspaper op-ed pages. U.S. senators and representatives have been guest speakers at Sincerely, trade. Bring oil from Saudi Arabia, you AFSI annual conferences. RICHARD D. HEIDEMAN, International President. could bring it from Iraq, you can bring Americans for a Safe Israel is strongly in it in a foreign ship. What happens in support of your amendment which would per- Mr. MURKOWSKI. A few of the na- Seattle, Puget Sound, San Francisco, mit drilling for oil in the ANWR area of tional Jewish organizations recognize Los Angeles? Talk about all the con- Alaska. Your eloquence in addressing the what is happening currently, and that servation you want, but you will still Senate yesterday and this morning should is oil is funding terrorism. bring oil because the world and Amer- have convinced the undecided that the argu- We all remember September 11 when, ica moves on oil. That is the only ments offered by senators in the opposition, for the first time, an aircraft was used or by environmental activists, are not based transportation method. on the facts or realities in the ANWR and of as a weapon. Now we have statements This issue of export is not a factor our need for energy independence. from people such as Saddam Hussein. because it is banned. It says it cannot We at Americans for a Safe Israel would be What is he saying? Oil is a weapon. be exported, with one exception, and pleased if you would include our organiza- Are we contributing to those weap- that is to Israel. We have had with tion among American Jewish organizations ons? Yes, we are. Here is, currently, an S2860 CONGRESSIONAL RECORD — SENATE April 17, 2002 example. Perhaps it is extreme and wilderness is not the answer. It is sim- somebody take care of you as you perhaps a little inappropriate, but ply to kill ANWR. And the rationale is enjoy your wilderness experience be- where and who funds the suicide bomb- obvious: ANWR has been a cash cow cause you just don’t wander around in ers in Israel? We know who funds them. and these organizations have milked it that area. It is very harsh. Oil. Who has the oil? Saddam Hussein. for all it is worth. Here we have this area in the north- Saddam Hussein, via American oil pur- To give some idea, we have a State ern part of the United States, and we chase. When we go to the gas station, that is pretty big. It is one-fifth the have the extraordinary outside influ- we should think of our responsibility size of the United States. We have a ences of these outside groups dictating because our responsibility goes beyond map here that gives some idea of the terms and conditions. They made it a filling our gas tank. Where do we get comparison. This is a comparative business because it is a big business. some of our oil? There is 58 percent scale. Alaska over the United States, They generate millions of dollars in that comes from overseas. the comparative scale, it will run membership and dollars. How much do we get from Saddam roughly from Florida almost to Cali- Why do they do it? Because it en- Hussein currently? A million barrels. fornia. It will run almost from the Ca- hances their organizations. It gives How much did we get September 11? It nadian border to almost the Mexican them a cause, and they make a con- was 1.1 million on September 11, the border. It is a big chunk of real estate. tribution. I am not suggesting they do highest of any other time. I don’t see anybody from Texas here, not, but it has gotten to be a big busi- This is off the Bank of Baghdad, but it is 2.5 times the size of Texas. ness, and as a consequence Alaska is a $25,000, which is what he is paying the It is a big piece of real estate, and it little overexposed because if you look suicide bombers. He used to pay $10,000. is an important piece of real estate, at this other chart, you can get an ap- That is an incentive that could reach but it has a small population, a very preciation of what was done in 1980. We our shores. That is some of the vulner- small population. As we look at that are recognizing all these areas of Alas- ability we have as we look at the con- population and recognize that over 75 ka that are scratched in blue are Fed- sequences of increasing our dependence percent support opening ANWR, we eral withdrawals. They are parks. They on imported oil. begin to reflect a little bit on what this are wilderness. We have 56 million This Senator from Alaska under- debate is all about. It is all about a acres of wilderness, more than the en- stands we are not going to eliminate theory that there has to be somewhere, tire State of California. We appreciate our dependence, but if we make a com- someplace, in the minds of a lot of and manage our wilderness areas ap- mitment, we will open ANWR; we will Americans, that is untouched, where propriately. But that is a pretty good reduce our dependence; we will send a there is no footprint, that only the chunk of Federal land to have with- very strong message not only to Sad- hand of God has caressed. drawn because you happen to be a pub- dam Hussein but OPEC and that cartel We all respect, obviously, the well- lic land State. over there. It is illegal to have a cartel meaning environmental groups. But as Maybe we should have cut a better in this country. That cartel over there, far as our State is concerned, we be- deal when we came into the Union in we are going to send them a message lieve we have been overexposed because 1959. Maybe we were a little naive. that we mean business about reducing a few years ago, we counted up the Maybe we trusted big government. our dependence. number of environmental groups that What we got is this, and this was the Do you know what OPEC did not so had offices in Alaska, primarily An- land claims settlement in 1980. What long ago? They got together, had their chorage. There were about 62. The last they did is they were very crafty. They cartel meeting, said we want the price time I looked there were over 90. These said: All right, you have 356 million to go up, and said we are going to put are organizations that are located out- acres in your State. We think the State a floor and ceiling, $22 as a floor, $28 as side that have offices in Alaska. They ought to have 104 million acres in the a ceiling. How do they do it? By con- have young environmental lawyers who Statehood Compact. They said: Your trolling the supply. It is just that sim- are almost coming up to do a mis- Native people ought to have 40 million ple because we are addicted to Mideast sionary commitment. They file an in- acres, so that leaves you with 250 mil- oil. junction on any project anywhere, a lion acres or thereabouts for the Fed- Here is another photo of our friend, log dump, a driveway, wetlands—you eral Government. Saddam Hussein. Here is where it name it. Instead of letting the new State go comes from. It has been increasing all As a consequence, we think we have ahead and select the land, automati- the time—1.1 million, that was from done a pretty good job in Alaska. We cally the lands were frozen under Energy Information, September 2001. think we have responsible develop- Carter. So the Federal Government got Here is where we get our oil: Iraq, Per- ment. We think Prudhoe Bay is the the first selection instead of the State. sian Gulf, OPEC. American families are best oilfield in the world. I said in this But here is what I want to point out. counting on them, I guess. Chamber time and time again: You You see that little red line? You see That is why we have to protect might not like oilfields, but Prudhoe right in between the two blues? That is Israel. That is why we are extending, in Bay is the best in the world. the only access our State has north and this legislation, the U.S. oil supply ar- Americans do not seem to care where south, the only access, and that is rangement through the year 2014. their oil comes from as long as they where our pipeline has to go and that is Furthermore, we are going to in- get it. If it comes from the scorched where our gasline has to go because we crease wilderness. What we are going Earth fields of Iraq or Iran, it doesn’t cannot get access across Federal parks, to do is we are going to take the 1002 make any difference. We can do it wilderness areas—refuges. We cannot area, which everybody has concluded is right. And we have done it right be- do it without congressional action and at great risk, although Alaskans be- cause Prudhoe Bay is the best in the that is what we are doing right to- lieve it can be developed responsibly— world and it is 37-year-old technology. night. We are trying to get congres- that is 1.5 million acres—what we are We can go to newer fields such as En- sional action to open up that little oil- going to do is add another 1.5 million dicott, 53 acres—that is the footprint. field up there. from a refuge and put it in in per- How many acres do we have in Alaska, That did not happen by accident. petuity, so we are going to increase 356 million? That did not happen on the free will of this wilderness area from about 9 mil- Here is a State far to the north. Most the people of Alaska. That was gerry- lion acres to about 10.5 million acres. people have never been to it. Then in mandered by people who did not want We think that is a fair trade. Yet not our State we have this Arctic area, the Alaska developed. one Member of the other side has ac- ANWR area way up in the top, that If you go east and west, you can see knowledged that is of any significance. ANWR area. If you are going to take a they almost crossed over. There are a I can only assume the other side has trip up there, you better have $5,000 in few little areas—we have a mine now. been pretty well—I won’t say brain- your pocket or go on one of the envi- Do you know how many mines we have washed, but there have been some con- ronmental groups’ funded trips because in Alaska? We have one major gold vincing arguments from our extreme that is what it costs to get up after mine, one major zinc and lead mine, environmental friends. Somehow, more Fairbanks, charter into the area. Have and Red Dog, and at Greens Creek we April 17, 2002 CONGRESSIONAL RECORD — SENATE S2861 have a large silver mine. We have three months where it looks like this. There and several times last year he at- major mines in this huge area. We used is the tundra. There is the little Christ- tempted to shoot us down. We have the to have four times those in the State. mas tree. Where are they talking about lives of our men and women at risk. We Do you know how many pulp mills these big gravel roads? It isn’t done take his oil and go use it to bomb him. we have? Zero. I don’t know how many anymore. We use technology. That is He takes our money, pays his Repub- you have in New York, but I do know it. It is a nice road. There is the well. lican Guard to keep him alive, and he that New York cuts more wood for fire- It is pretty bleak country. Some people develops these weapons of mass de- wood than we cut as commercial tim- say you couldn’t find oil in a better struction. ber in the State of Alaska. Yet we have place. That is reality. We look back to September 11 and the largest of all the national forests: We require use of ice roads, ice pads, say: Gee, if we had only had the intel- 16 million acres in the Tongass—all and ice airstrips for exploration. If the ligence, we would have averted that this area. As a matter of fact, we live oil isn’t there, you are not going to see tragedy at the World Trade Center, the in the forests. Some people think we a track. We prohibit public use on all Pentagon, and saved the brave people live in the dark forests. But Juneau, pipeline access and service roads. We in the aircraft as they tried to take it our State capital, is in the State for- require no significant adverse effect on over before it went down in Pennsyl- est. Ketchikan is in the forest; fish and wildlife and no significant im- vania. Wrangell, Petersburg, Haines, pact. We require consolidation of facil- We know there is a threat from Sad- Skagway, Sitka, Yakutat, Cordova— ity siting. Tell me where in the world dam Hussein. We don’t know when or they are in the forest. oil is developed that you have these how. But do we wait? (Mr. DAYTON assumed the Chair). kinds of restrictions. These are grave responsibilities for Mr. MURKOWSKI. Why didn’t we get Further, we give the Secretary of the our President and the Cabinet and the a land selection there? We thought we Interior the authority to close areas of Joint Chiefs of Staff. These are real. could trust the Forest Service. We unique character at any time after con- But every time we go to the gas sta- thought we could work in harmony. We sultation with the local community. tion, we are buying Iraqi oil—some of rue the day, but here it is, and we have Here we have structure. There are it, at least. He gets billions. What does to live with it. We have to come to the two amendments. The second-degree he do with it? Congress and plead for understanding. amendment would fund rejuvenation of Here is that check again. We know he We have to, as one State, take on the America’s steel industry and address is doing that. He has a reward out. whole national environmental commu- the steel legacy by funding so that our Where is the principle of the United nity that has one cause—stop develop- steel industry can resurrect itself, be States, for heaven’s sake? Why do we ment in Alaska, because of their mem- internationally competitive, and par- succumb to do business with a tyrant? bership and dollars. ticipate in the largest construction There is a principle involved here. If What we have attempted to do in this project in the history of North Amer- you or I were in business, we wouldn’t amendment is add more wilderness—1.5 ica, the building of a 3,000-mile pipe- do it. We would say: Hey, enough is million acres. We are adding to the line. The order alone is worth $5 bil- enough. Let us send a message out Coastal Plain, as the chart indicates. lion. here. What else do we do? We impose strict The first-degree amendment opens We can go down a million rabbit environmental protections in this leg- the area up so that the leases can be trails for excuses as to why we islation. sold and so that the funds can be des- shouldn’t or couldn’t open this area. I don’t hear anyone on the other side ignated—$8 billion to the legacy, $1 bil- These are all things that are tied to- of the aisle commenting as to the ade- lion to the United Mine Workers, and gether. Some Members obviously don’t quacy or inadequacy. commercial grants for $232 million to want to talk too much about it because We impose seasonal limitations to retool the industry; labor training, $115 it is not a pleasant subject. But for the protect the denning migration of the million; and conservation for National Israelis who are on a bus who are inno- animals. Park Service maintenance and back- cent bystanders, and suddenly a young Some ask: What about the polar log, et cetera. We think that is pretty woman gets on the bus rigged with a bear? Are we going to protect the polar good balance. bomb, and it blows up, believe me, that bear? The polar bear, for the most part, We wish we had a few more days on is a set of facts. That is why so many den on the ice. They do not den on this issue. We might be able to further of the Jewish organizations are saying land. The greatest protection we have communicate to the American public enough is enough; we ought to stop im- for the polar bear is the marine mam- really what we are trying to do. porting from Iraq. mal law. Polar bears are marine ani- Again, the first-degree is not an au- I have an amendment pending which mals. You can’t take them as trophies. thorization to open. We give that au- I am going to bring up. We are going to You can’t shoot them. If you want to thority to the President. The President have a vote on it because the leader shoot them, you go to Russia or Can- has the determination to open it. gave me a commitment to have a vote ada. But you can’t do it in Alaska. We don’t have the level of support we on it—that we ought to sanction oil These bears get along pretty well. You had hoped. It is pretty hard for one imports from Iraq. Isn’t it rather iron- have seen this picture time and time State to compete with national envi- ic? He has already done it to us, be- again. You have been very patient. ronmental groups. But we are not giv- cause he said last week he was going to These are a few of the bears. They do ing up because sooner or later ANWR terminate production for 30 days. What not happen to be polar bears. They are will be opened. happens? The supply goes down and the grizzly bears and brown bears. They are I can only guess, as you can, the con- price goes up. walking on top of the pipeline because sequences of this vote tomorrow be- I don’t know, but the way I read it, it is easier for them to walk on the cause we don’t know what the future charity begins at home. We certainly pipeline. They are not threatened. You holds. We do know there is an inferno should not be doing business with this can’t take a snow machine in there. in the Mideast. We do know we are im- guy just because we need more oil. You can’t hunt in there. We think porting 58 percent of our oil. We know I know my critics will say: Well, Sen- these are pretty responsible conserva- Saddam Hussein is obviously up to no ator MURKOWSKI, you are not going to tion efforts. good with the money he generates from get any relief for awhile. I am talking A further provision is that the oil sales to the United States. We know about sending a message that we mean leasers must reclaim the land and put he pays his Republican Guards to keep business about reducing our depend- it back to its prior condition. That him alive. We also know he is devel- ence on Iraq. That is going to be a means it has to be put back in its nat- oping weapons of mass destruction. We strong message. ural state. just do not know when we are going to I have heard my colleagues on the What does it look like in Alaska have to deal with it or how. other side saying that there is no sig- after you drill a well? Let me show you We are enforcing that aerial no-fly nificant potential in ANWR that would what it looks like in the Arctic. The zone over Iraq. We have bombed them offset our imports. Let me show you a only problem is we only have about 2 1⁄2 three times since the first of the year, chart. We have lots of charts. This is S2862 CONGRESSIONAL RECORD — SENATE April 17, 2002 going to be a show and tell. We are All I can do is submit for the RECORD will deal with him soon if he continues probably going to go through every the EIA USGS mean case of a 13.9-per- to produce weapons of mass destruc- chart we have because this is probably cent increase of domestic production. tion. I am sure, Mr. President, both going to be the only time we have that Assuming the USGS high case for oil you and I have had an opportunity to opportunity. in ANWR—the high case is a 16-billion- be with President George W. Bush. I do But this is a chart that shows what barrel reserve—that would be a 25.4- not think there is any question he happened to imports when we opened percent increase in domestic produc- means what he says. He says the U.S. Prudhoe Bay. This might be a little tion. That is a pretty big percentage. ‘‘will deal with him soon’’ if he con- tricky, but let me just show you. The That is about 25 percent. tinues to produce weapons of mass de- blue line at the bottom is Alaskan oil You have to put this in perspective. I struction. production from 1973 through 1999. We have a hard time doing this with those I guess the question is, When and started small, and the blue line run- in opposition because they do not want how? ning across the chart shows the pro- to sit still long enough to reflect on In Alaska, in the United States, we duction, and then in 1977, more produc- what this means. have the most stringent environmental tion—and then more production, more How much oil is it? regulations on Earth. Maybe we are production. We were producing 2 mil- For Washington, it is 66 years; for not doing it right, and maybe we can lion barrels a day. That was 25 percent Minnesota, it is 85 years; for Florida, it do better, but we are doing it better of the total crude oil produced in the is 30 years—this is a lot of oil—for New than anybody else. United States. That is how much it York, it is 35 years; for Rhode Island, Those who suggest that somehow was. 570 years; for Delaware, it is 46 years; Prudhoe Bay is a disaster fail to recog- As the blue line shows, in 1988, 1989, for West Virginia, it is 260 years, for nize that it is still the best oilfield in production at Prudhoe Bay began to Maryland, it is 98 years; for the Dis- the world. I am proud to be an Alas- decline. And it declined and declined, trict of Columbia, it is 1,710 years; for kan. I am proud that we can make that and now it is a little over a million Maine, it is 235 years. I could go on and commitment as a State because we barrels a day. on. You can all see your individual have two levels of environmental over- So what happened, as depicted by the States. Where is Massachusetts on sight. The State Department’s environ- red line, is interesting, though, because there? There it is: 87 years. I want to mental conservation is very prudent, make sure Massachusetts gets in there. that shows our total imports. We start- some think too prudent. And we have I do not want to leave Massachusetts ed out, per the chart, at roughly 3 mil- the Federal Environmental Protection out. For Alaska, it is 87 years. lion barrels a day, and we kept going Agency, and others. But they are doing up and up and up; and then, suddenly, So there is a lot of oil. But how does it compare, say, with my generaliza- their job, and they are doing the best at the peak, we opened up Prudhoe job in the world because they are using Bay. So those who say ANWR is not tion that Prudhoe Bay has provided, for the last 27 years, somewhere be- the best technology in the world. going to make any difference, I defy We have heard other Members talk them to counter this reality. tween 20 and 25 percent of the total about—I think Senator GRASSLEY— Look at what happened to our im- crude oil? Well, you can only do that some of the history of Russian oil de- ports. They dropped. Why? Because we by applying the projections associated velopment. Anything goes. It is to get increased production domestically. We with ANWR, which are somewhere be- the oil. It doesn’t make any difference did not relieve our dependence on im- tween 5.6 billion and 16 billion barrels. how much you spill or how much you ported oil, no, not by any means, but If you take halfway—10 billion bar- drill. Workers drill too fast, too many we clearly reduced our imports. rels—it is as big as Prudhoe Bay be- Now, what has happened? And we cause Prudhoe Bay was supposed to be holes, don’t make proper recovery. Do have more conservation. You can go 10 billion barrels, but it produced 13 we have any charts on that? out and buy a 50-mile per gallon car. billion barrels. So it is significant, How about this? You would never see But we are using more. Why are we make no mistake about it. I want to anything like that in the United using more? Well, it is just the harsh put that argument to rest once and for States. You would never see that in reality that oil imports are taking all. It will make a difference in reduc- Alaska. There is a puddle of oil, a bust- place because other production in the ing our imports. ed pipeline, a disaster. United States is in decline, and we are So, as we talk about this, and we find Does the United States care where using more oil. It is just a harsh re- that most of the critics have never America gets its oil? Evidently, nobody ality. been there, and we look at some of the really cares if it is there. If it is not As we look at this chart, we recog- things that Alaska’s oil development there, they scream. If the price is too nize that we can refute the generaliza- does for other States, such as providing high, they scream. If they have to wait tion that ANWR isn’t going to make them with a secure source of oil, that too long to get it, wait in line around any difference with the reality that it is defended by the U.S. Navy—I am the block, they blame Government. will make a difference. It will make a talking about oil from Alaska and the Since the House passed their energy big difference. west coast of the United States—it bill in August, which had a provision So let’s take that chart down and re- clearly is a reliable supply. for opening ANWR—some say the flect on how much oil might be there. I have addressed the reality that House of Representatives is pretty rep- We have had some discussion about Prudhoe Bay is the best oilfield in the resentative—America has imported 231 the Energy Information Administra- world. million barrels of oil from Iraq. That tion, the EIA, providing an analysis of Do you remember the pictures in fact disturbs me greatly, and I would the effect of ANWR on U.S. domestic 1991, 1992, of the burning oilfields of hope it disturbs my colleagues and ad- oil production and the net imports of Kuwait? The fleeing Iraqi troops set dresses their digestion. Some of that crude oil. And we have had it all over more than 600 of Kuwait’s 940 oil wells money went straight into Saddam’s the ballpark. ablaze with explosives and sabotage. pocket. I would prefer 100-percent From the EIA report of February 11, Do we have any of those pictures with homegrown energy because we can do for purposes of addressing ANWR’s im- us? Yes. Do you want to see an oilfield it safer and better here in the United pact on national security, crude oil im- burning, set fire to? Do you know who States. ports—which is an accurate measure, did it? Saddam Hussein. We have heard As this debate continues, I hope my since ANWR provides only crude oil— of him a couple times tonight, haven’t colleagues will take a long and hard this is what they project regarding do- we? Talking about a burn, that burn is look at the alternatives to Alaskan oil mestic production of ANWR. Assuming all through. It is a tough reality. Was because that is what they are and what the U.S. Geological Service mean case there wildlife there? Camels, goats, it means to the environment on a glob- for oil in ANWR, there would be an in- other wildlife once lived there. The al scale. Again, I hope they will recog- crease of domestic production of 13.9 land is dead. Yet this is where we nize Alaskan oilfields are the best in percent. choose to get our oil. the world. I have heard the Senator from Massa- Our President told Iraqi President I will add a little partisan reference chusetts communicate some 3 percent. Saddam Hussein that the United States here from the Wall Street Journal, April 17, 2002 CONGRESSIONAL RECORD — SENATE S2863 April 16, 2001, just the other day. It is This article goes on to say that this Mr. Hoffa and fellow unions are now doing entitled ‘‘Labor Revolt.’’ It says: issue has: the same for oil-drilling in Alaska, spending heavily on ads across the country. He’s You might not see picket lines, but a . . . alienated many of old industrial vowed to ‘‘remember’’ Democrats who vote chunk of America’s labor movement is stag- unions which grow only when the private against drilling. And he specifically singled ing a notable walkout—against the Demo- economy does. Many of these unions don’t out New Jersey’s Robert Torricelli (up for re- cratic Party. The trend is already having share the cultural liberalism of the Wash- election this fall) and Michigan’s Debbie consequences in Congress and could echo ington AFL–CIO elites, who are often well- Stabenow (a top recipient of union cash in through November and into 2004. to-do Ivy-Leaguers. her 2000 race). In case they don’t’ believe Leading the revolt is James Hoffa, head of Well, there is a bit of a change among him, the Teamsters have already endorsed the AFL–CIO’s third largest union, the 1.4 some of the unions. I suppose that hap- three GOP Congressional candidates in million Teamsters. Mr. Hoffa has become a pens around here, too. Michigan. key and very public supporter of [President President Bush has noticed all of this, nat- Bush’s] energy plan, which is also backed by But I think it is fair to conclude from urally, and is openly courting union support. a coalition of carpenters, miners and sea- this article: Having won only a third of union households farers. He has lobbied inside Big Labor for a Mr. Hoffa and fellow unions are now doing in 2000, Mr. Bush knows he has lots of votes more neutral political bent and his officials the same for oil-drilling in Alaska, spending to gain. Sometimes his effort runs to were recently overheard giving Democrats heavily on ads across the country. He’s schmoozing, as when he made Mr. Hoffa one on Capitol Hill hell for killing jobs. vowed to ‘‘remember’’ Democrats who vote against drilling. of his noted guests at the state of the Union. This gasline and ANWR are jobs But sometimes he’s bowed to political temp- issues. I ask unanimous consent that the ar- tation and bent his principles, as with his Today, some 500 Teamsters will help ticle be printed in the RECORD. 30% steel tariff. present the Senate amendment to drill in the There being no objection, the article Mr. Bush might keep in mind that Mr. Arctic National Wildlife Refuge. was ordered to be printed in the Hoffa has helped him even though last year he ignored Teamster objections and fulfilled We had that press conference the RECORD, as follows: [From the Wall Street Journal, Apr. 16, 2001] his campaign promise to allow Mexican other day. We had hundreds of laborers trucks into the U.S. The President is also no out front on the issue. We had, in addi- LABOR REVOLT doubt aware that Mr. Hoffa wants an end to tion to the Teamsters, my good friend You might not see the picket lines, but a 13 years of federal oversight into his union— Jerry Hood. We had Ed Sullivan, presi- chunk of the American labor movement is which should only happen on the legal mer- staging a notable walkout—against the dent of the Building and Construction its. Democratic Party. The trend is already hav- Unions are moving to the Republicans less Workers, the AFL–CIO, members of the ing consequences in Congress and could echo out of love for the GOP than from disillu- Building Trades Union, the president of through November and into 2004. sionment with Democrats. Democrats had Operating Engineers, and the Seafarers Leading the revolt is James P. Hoffa, head better be careful or they’ll give Mr. Bush the Union. of the AFL–CIO’s third-largest union, the 1.4 chance to form a formidable majority. They are concerned about two things: million Teamsters. Mr. Hoffa has become a Mr. MURKOWSKI. What it does is key and very public supporter of the Bush They are concerned about jobs, and, ob- simply say these are job issues and our viously, they are concerned about na- energy plan, which is also backed by a union coalition of carpenters, miners and seafarers. business is jobs and productivity for tional security interests relative to our He ha lobbied inside Big Labor for a more the American people. This has become Nation and our Nation’s continued de- neutral political bent and his officials were an issue where, clearly, if you look at pendence on foreign oil. It is very real. recently overheard giving Democrats on Cap- the vote the last time that we voted on That article goes on to say: itol Hill hell for killing jobs. Today, some 500 this issue in the Senate, it was 45 to 55, Meanwhile, the United Auto Workers, elec- Teamsters will help present the Senate and ANWR was passed in the 1995 vote tricians and machinists have rebelled amendment to drill in the Arctic National on the omnibus act. That is when Re- Wildlife Refuge. against Democrats on issues from fuel-effi- publicans controlled the Senate. ciency standards to nuclear energy. Meanwhile, the United Auto Workers, elec- tricians and machinists have rebelled Well, that was then and this is now. That is going to come up at another against Democrats on issues from fuel-effi- Now we have a 50–49–1 ratio in favor of time as we debate the nuclear industry ciency standards to nuclear energy. They fol- the Democrats. Clearly, we are in a sit- and the future of it and what we are low last year’s resignation from the AFL– uation where we don’t have control. As going to do with our waste. I know my CIO by the influential United Brotherhood of a consequence, ANWR is in trouble be- good friend Senator REID is going to be Carpenters, along with its half-million mem- cause it has to overcome the 60-vote very active in that debate because that bers and $4 million in annual dues. point of order. Make no mistake about Some of this is issue specific, but it’s also debate affects his State. I respect that that. set of circumstances. a sign of deeper labor tensions. When John Sweeney took over the AFL–CIO in 1995, he We have had quite a discussion The problem with nuclear waste is turned it in a markedly more partisan and throughout the day, but there are a few nobody wants it. If you throw it up in ideological direction. He aligned Big Labor points that have been overlooked. One the air, it won’t stay there. It has to with a coalition of interest groups on the of them that bothers me the most is come down somewhere. As a con- cultural and big government left. This is fine overlooking the people of my State, sequence, we can’t agree where to put with most public-sector unions (teachers es- the people who are affected, the people it. pecially), which grow along with govern- who live in the Arctic and reside in the In my opinion, there is an answer to ment. But this leftward tilt has increasingly Coastal Plain. These are a few of the it; that is, you reprocess it. By so alienated many of the old industrial unions, kids. There is not very many of them. doing, you recover the plutonium, put which grow only when the private economy There are about 300 of them in that vil- it back in the reactors, and you vitrify does. Many of these unions also don’t share lage. But they are like your kids or the waste, which obviously has very the cultural liberalism of the Washington your grandkids or mine: Looking for a little ability for proliferation. That is AFL–CIO elites, who are often well-to-do Ivy future, looking for an opportunity for a what the Japanese are doing. That is Leaguers. They resent the money being better lifestyle, educational opportuni- what the French are doing. Do you pushed into political campaigns and would ties, sewer, water—some of the things know why we can’t do it? Because we rather spend more on shop-room organizing. In Mr. Sweeney’s tenure, the union share of we take very much for granted. have such an active nuclear environ- the private-sector work force has actually This is another picture of their com- mental lobby, we don’t allow it. So we fallen, to 9.1% munity hall. This is Kaktovik. It is of walk around saying, what in the world All of these tensions have come to the sur- an elder Eskimo, a snow machine, with are we going to do with our waste? face in the energy debate, where Democrats his grandson, and a bike. That is the Where are we going to put it? Nobody have had to choose between the greens way it is up there. wants it. Nevada says they don’t want (enviros) and blues (unions). Senator (and Some Members would have you be- it. We have decided to put it there, and would-be President) John Kerry thought he lieve there is nothing there. Let me so all hell is going to break loose. could win over the greens and suburbanites show you a picture of Kaktovik. It has by pushing new car-mileage standards, but Anyway, United Auto Workers, elec- instead he inspired a labor rebellion. Nine- been portrayed time and time again—a tricians, and machinists have rebelled. teen Senate Democrats, primarily from in- small community, small village. It has Why have they rebelled? They are look- dustrial states, joined Republicans to kill an airport, has some radar installa- ing at jobs. Mr. Kerry’s proposals. tions. And it is actually in ANWR. It is S2864 CONGRESSIONAL RECORD — SENATE April 17, 2002 in the Arctic Coastal Plain. It is in the [The Kaktoviks] ask for your help in ful- at 9:35 p.m. are the same arguments we 1.5 million acres. In fact, one oilwell filling our destiny as Inupiat Eskimos and used 30 years ago on the issue of wheth- has been drilled in that area. Americans. We ask that you support reopen- er or not to open the TransAlaska We have another chart here that ing the Coastal Plain of ANWR to energy ex- Pipeline system—not to open but to ploration. gives you a little better idea of that build it, because the environmental particular geographic area. The thing I They are asking that we open it. groups weren’t as well organized then. want to make sure everybody under- Reopening the Coastal Plain will allow us But they were making a case. They stands is that all of ANWR, all of that access to our traditional lands. We are ask- said: You can’t build an 800-mile fence 1.5 million acres is not Federal land. ing Congress to fulfill its promise to the across Alaska because if you do, you Inupiat people and to all Americans: to are going to build a fence that will These Native American citizens own evaluate the potential of the Coastal Plain. 95,000 acres. That is diagrammed in the keep the caribou and the moose on one square. The only problem is, while they These people are talking to us as side or the other. You are putting that have title to that land, they have no landowners. They go on to say: pipeline in permafrost. It is a hot line, authority for any access—absolutely In return, as land-owners of 92,160 acres of and permafrost is frozen. It is going to none. Only Congress can give them privately owned land within the Coastal melt. It is going to break. Plain of ANWR, the Kaktovik Inupiat Cor- that authority. We are going to be ad- The doomsayers were wrong. The poration promises to the Senate of the same argument here: Can’t do it safety. dressing that, because to have an ab- United States: original group of natives, American 1. We will never use our abundant energy They said the animals—look at the car- citizens, and give them land that has resources ‘‘as a weapon’’ against the United ibou, Mr. President. There are a few of been their ancestral land—it has been States, as Iraq, Iran, Libya, and other for- them. That is a new picture. I want to their land to begin with; that is where eign energy exporting nations have proposed. make sure you understand that we they have been for generations—and 2. We will not engage in supporting ter- have more than one picture. These not allow them to have access because rorism, terrorist States, or any enemies of guys are under the pipeline. Why? Why the United States; not? You see the water behind them. everything around it is Federal land is 3. We will neither hold telethons to raise simply wrong; it is unjust. We would They are grazing. That pipeline doesn’t money for, contribute money to, or any offer them any threat. not do it anywhere else in the country. other way support the slaughter of innocents Somebody said that is an ugly pipe- You would say you are entitled to ac- at home or abroad; cess. I know because I have been there 4. We will continue to be loyal Alaskans line. Well, I don’t know. I guess it de- time and time and time again. and proud Americans who will be all the pends on your point of view. I could I had the Secretary of the Interior, more proud of a government whose actions probably take 10 pictures of other pipe- Gale Norton, there with me last year. to reopen ANWR and our lands will prove it lines and we could have a contest on to be the best remaining hope for mankind whose pipeline is the ugliest. But, you So was Senator BINGAMAN. The tem- on Earth; and know, you either bury them or put perature today was 95 here. A year ago, 5. We will continue to pray for the United them on the surface. That is all in it was 77 below zero there. That caught States, and ask God to bless our nation. steel. It is designed to withstand earth- your attention. It is a harsh environ- These are my people, Mr. President. quakes. It is the best that the 30-year- ment. They further state: old technology had, and we can do bet- My point is that only through an act We do not have much, Gentlemen, except ter now. of Congress will those people be al- for the promises of the U.S. government that This is another picture. This is real. lowed access to their own land. What the settlement of our land claims against the These are not stuffed. These are car- would it take? Well, it would take United States would eventually lead to the ibou. They are lounging around. The some kind of a corridor across Federal control of our destiny by our people. extraordinary thing is this is Prudhoe In return, we give our promises as listed land—maybe 300 feet wide. Access to Bay, and we had, I believe, 3,000 ani- what? Access just to State land. Where above. We ask that you accept them from grateful Inupiat Eskimo people of the North mals in the central Arctic herd. Today does State land start? Over on the we have somewhere in the area of other side of that yellow line. On this Slope of Alaska who are proud to be Amer- ican. 26,000. Why? You cannot shoot them, side is Federal land. They cannot get and you cannot run them down with a from there to the State land unless we Mr. President, I don’t think we would get a letter like this from any other snow machine. They are protected. do something about it. They do very well. The argument is Let me read you a little letter. This potential supplier of oil in the Mideast. I think you would agree with me. So bogus. is from the Kaktovik Inupiat Corpora- They say it is a different herd, a Por- here we have a situation where my peo- tion. These are the people who live in cupine herd. We are not going to allow ple are deprived of a basic right that that village. I want to show these other any activity during the 21⁄2 months any other American citizen would not pictures. I want you to get the flavor. that is free of ice and snow because you be. It is very disappointing because the Nobody has mentioned on that side of cannot move in that country. We do human element was not brought up the aisle, during the entire debate, the not build gravel roads; we build ice once. dreams and aspirations of these people. roads. It represents better and safer What we have talked about today is You have kids going to school in the technology and does not leave a scar on whether ANWR can be opened safely. snow. Nobody shovels the snow away. the tundra. They dress a little differently perhaps. There is no evidence that it cannot. Is We have made great advances as a They wear mucklucks. They wear fur. there a significant amount of oil that consequence of our lessons, but it is be- You have some kids up there. could make a difference? You bet. yond me to reflect on the opposition Let them take a peek at that so the There is more oil in ANWR than there here other than its core opposition: We kids in the gallery can see it. is in all of Texas. I think the proven re- are opposed to it. The rationale behind This is how the kids in the Arctic go serves in Texas are about 5.3 billion it lacks an indepth understanding. to school. It is a little different. But barrels. What are we talking about Here is the new technology. We do not these kids are American citizens. They here? Are we talking about charades or drill the way we used to. They do not are Eskimos. They have rights, dreams, about some kind of a conveyance, try- go out and punch a hole straight down, and aspirations. Yet what kind of a ing to portray to the American people and if they are lucky enough, they find lifestyle do they have? that we cannot open it safely. They say oil. Here is a letter: it will take 10 years. We have a pipeline We have directional drilling capa- Dear Senators Daschle & Lott: halfway to ANWR. Another 50 miles, bility. We can drill under the Capitol The people of Kaktovik . . . are the only we would be hooked up. They say 10 and come up at gate 4 at Reagan Na- residents within the entire 19.6 million acres years. Come on, let’s expedite the per- tional Airport. That is the technology of the federally recognized boundaries of the mit. we have. Arctic National Wildlife Refuge. . . . If anybody wanted to talk about his- We can hit these spots that are under These people live right up at the top tory—and this was not brought up on the ground with this 3–D seismic, one of the world in Kaktovik. the other side today—the arguments footprint. That is the change. We have The letter goes on to say: we are using on the floor of the Senate proven it because we built Endicott. April 17, 2002 CONGRESSIONAL RECORD — SENATE S2865 Nobody wants to talk about Endicott Florida are objectionable to the people put them all on a wind farm, then they on the other side: 56 acres; produced of Florida, and I respect their objec- would equal about what ANWR’s en- over 100 million barrels. tions. Yet the people of the Alaska ergy input is capable of. We have a cou- I also want to touch on another myth Coastal Plain overwhelmingly support ple more of these charts so we might as that the Senator from Massachusetts development in Alaska. well show them. and the Senator from New Mexico used Even the Teamsters who support de- When we talk about the Sun, we nat- several times relative to why do you velopment in Alaska disagree with the urally think of solar. Solar is worth- want to go to ANWR when there are Senator from Massachusetts that we while, but it is not very good in Point other areas. If you are going to rob ought to massively increase our drill- Barrow, AK, because the Sun only rises somebody, you might as well go to the ing in the Gulf of Mexico overnight. in the summertime. I should not say bank; that is where the money is. We have a lot of species in the Gulf of that but in the winter it is dark for a We have the greatest prospect for dis- Mexico that are threatened or endan- long time. coveries, and that area is specifically gered: The blue whale, fin whale, Two thousand acres of solar panel in ANWR. We have what they call Na- humpback whale, the northern right produce the energy equivalent of 4,400 tional Petroleum Reserve, Alaska. We whale, sei whale, threatened endan- barrels of oil a day. Two thousand have pictures of that area. This chart gered sea turtles, green sea turtles, acres of ANWR will produce a million is a bit of a contrast because this hawksbill, loggerheads, endangered barrels of oil a day. So it would take shows the top of the world. I want to beach mice which I am not familiar 448,000, or two-thirds of Rhode Island reference this with this big map. I want with, the Florida salt marsh vole, the all in solar panels to produce as much to reference where this area is. piping plover, and the brown pelican. I energy as 2,000 acres of ANWR. Point Barrow is at the top. That is am not going to bore you with these, Solar panels do have a place in Ari- one of our Eskimo communities, and Mr. President. zona, Florida, New Mexico, and other the nice thing about Point Barrow is The point is, that is tough drilling in areas, but do not think America is you cannot go any further north. You 3,000 feet of water. There is a lot of going to be moved on solar panels. fall off the top. The Arctic Ocean is risk. On land you can contain the risk. There has been a lot of discussion right ahead. This is the National Pe- We have done a pretty good job of it in taking place on ethanol. Ethanol is an troleum Reserve, Alaska. It used to be Alaska. They have done an excellent alternative made from vegetable prod- Naval Petroleum Reserve, Alaska. I job in the Gulf of Mexico, make no mis- ucts, corn and other products that wish the cameras had the intensity to take about it. come from our farmers. Two thousand pick up on this to see all this gray/blue As we look at some of the sugges- acres of ethanol farmland produce the area. These are lakes within the re- tions that are made in general, such as energy equivalent of 25 barrels of oil a serve. we go someplace else in Alaska, re- day. Two thousand acres will produce This is ANWR. Mr. President, do you member, NPRA has 90 percent of the 25 barrels of oil equivalent a day. Two see any lakes on the Coastal Plain? birds on the North Slope and over 90 thousand acres of ANWR will produce a This is strategic from an environ- bird species, millions of shore birds. million barrels of oil a day, and that mental point of view, from the stand- There they are, Mr. President. They source is the national renewable en- point of migratory birds. Where do are not in ANWR. I just do not under- ergy lab. they go? They do not squat on the land. stand why Senators suggest they will Make no mistake about it, a byprod- They go to the lakes. This is a huge not support development in an area uct is produced with the corn, which is mass of lakes. with more oil and less wildlife diver- the corn husk. I am not sure what one The opponents are suggesting we go sity. It does not make any sense at all does with them, but we could specu- over there. That is fine except from an other than those Senators have been late. It would take 80.5 million acres of environmental point of view, we are influenced by some of the groups that farmland, or all of New Mexico and not going to get permits in many of clearly are using ANWR as a symbol. Connecticut, to produce as much en- these areas. While there have been Others suggest that the development ergy as 2,000 acres of ANWR. So we some discoveries right on this line of Alaska’s gas—for example, I think could plant New Mexico and Con- within NPRA, this is where the oil hap- the chairman suggested we face a grow- necticut in corn, I guess. The point is, pens to be because that is where the ge- ing threat from foreign dependence on these all have footprints. ologists tell us it is most likely to be. natural gas. Without going into that in We have often talked about size when We will put up lease sales in these too much detail, we only import 15 per- we talk about Alaska. We have talked fringe areas, but we are not going to cent of our natural gas needs compared about the fact that our State has 33,000 get anything around the lakes. To sug- with 58 percent of dependence on for- miles of coastline. ANWR is 19 million gest this area is already open is con- eign oil. acres, as big as the State of South trary to reality. Let us take a look at that because I Carolina. We talked about the attitude Another thing the Senator from Mas- am all for alternatives, but don’t be- of Alaskans in supporting exploration. sachusetts says is instead of opening lieve they do not leave a footprint. I About 75 percent of our people support ANWR, we should drill anywhere but have a chart that shows the San it. Why is it that the people who want Alaska. I find that incredible. We have Jacinto. If you do not know where this to develop oil and gas are not given the the infrastructure. We have an 800-mile is, if you are driving from Palm opportunity? I do not know. I find it pipeline, and we are drilling on land. Springs to Los Angeles and you happen very frustrating. Do my colleagues know what we are to go through Banning, the pass, this is I listened to some of the debate by doing in the Gulf of Mexico? We are in it. It is probably the largest wind farm some Members relative to domestic oil 2,000 feet of water. We have had 8,000 in the world. Look at the little wind- production vis-a-vis subsidized oil. leases in the gulf, many of which are mills in the back at the bottom. There They talked about the rip-off that the not currently producing. There are a are hundreds of them. They call it oil industry allegedly is guilty of in lot of endangered and threatened spe- Cuisinart for the birds because a bird this country, but we still have the best cies, including marine mammals, sea that gets through there is lucky—if he oil industry in the world. It is a rel- turtles, and coastal birds. I cannot is flying low. atively high-risk oil exploration. You fathom why the Senator from Massa- There is an equivalent energy ratio. do not know if you are going to find it. chusetts believes it is better to drill This wind farm is about 1,500 acres and You better find a lot of it. where there are endangered species produces the equivalent of 1,360 barrels Somebody suggested that it is com- than where we have a thriving wildlife of oil a day. Two thousand acres of parable in some manner to making population that obviously we take care ANWR will produce a million barrels of sewing machines, that somehow there of, as they do in the Gulf of Mexico. oil a day. There is the footprint. is a relationship relative to risk. Well, What stuns me is it seems to me How much wind power does it need to if one is making sewing machines, they common sense we should develop areas equal that of ANWR’s energy? About know what their market is. They know where people support the development. 3.7 million acres, equivalent to all of what it is going to cost. But when one Many of these leases sit off the coast of Rhode Island and Connecticut. If one goes out and drills for oil, they do not S2866 CONGRESSIONAL RECORD — SENATE April 17, 2002 know if they are going to find it. There in the US housing market, which had been build them in the South; hopefully, in is a lot of risk there. expanding strongly, and—arguably more Maine. This is big business, several As we import foreign oil, we do not alarming—a slowdown in consumer spending. thousand jobs in the shipyards, $4 or $5 know what the true cost is because Manufacturing activity, however, has turned billion into the economy alone, con- in its strongest expansion in almost two there is no environmental consider- years. struction jobs, good-paying jobs, union ation associated with the development. While the so-called core rate of consumer jobs. It is not just what is in the na- I do not think anyone recognizes price inflation, excluding energy and food tional security interests of our Nation. what we enjoy in this country as a prices, rose by a mere 0.1% in March, gaso- We can argue about how many jobs standard of living. The standard of liv- line prices rose by a sharp 8%, the largest will be created, whether it is 50,000 or ing is brought about by people who monthly change in six months. Fuel oil 700,000. What difference does it make? have prospered and have become accus- prices jumped by 2.2%, the strongest since These are good jobs. We should regard tomed to a standard of living that is last December. These increases are in line with higher each for what it is worth, providing high. The convenience of having an crude prices, reflecting mainly tensions in each family with an opportunity to automobile that can accommodate a the Middle East, Iraq’s unilateral 30-day oil educate their children and provide a family comfortably on a long trip; embargo, and export delays in Venezuela. better life. modest gasoline and energy prices, Should the current oil rally continue for Speaking of a better life, those kids I that is as a consequence of the struc- much longer, Opec will face mounting pres- talked about in Kaktovik have dreams ture of our society and the makeup of sure to ease the reins on production. The and aspirations. Their dreams are more the United States. group will meet in June to discuss produc- simple than ours. Maybe it is Hal- The question comes about, Do we tion policy for the second half of 2002. But Iraq’s embargo call, which has fallen on deaf loween night. Do you know what their want to substantially limit that stand- ears among producers inside and outside dreams and aspirations are? How about ard of living by taxes or various in- Opec, may make it politically difficult for a little running water instead of the creased costs of energy? I do not think Saudi Arabia and other Muslim Opec mem- water well. How about a sewer system so. I think those kinds of things were bers to increase production while fellow instead of a honeybucket? Do you evident in the debate that we had ear- members Iraq withholds exports to pressure know what a honeybucket is? We will lier in the week relative to CAFE Israel. show an arctic honeybucket. It costs standards. Mr. MURKOWSKI. We have talked about $17. One of the things that can certainly about oilfields. We have talked about I didn’t have any conversation over undermine our recovery is high oil the Arctic. We have talked about the there as to why my people aren’t enti- prices. Our friend Alan Greenspan, wildlife. We have talked about the oil tled to running water, sewer, disposal. Chairman of the Fed, is taking a more reserves. We have talked about the It is not a pleasant reality, but it is a guarded outlook on the U.S. economy safety of development. I think we have reality. My people are tired. They want compared with the comments he made responded to the myth that some sug- to be treated like everybody else. That last month about the possible con- gest we are going to industrialize the is why this issue of opening ANWR has sequences of sustained high oil prices Arctic. more to do than just the environ- on the economic recovery. I will show a chart of the Arctic in mental innuendoes. It affects real peo- This influential gentleman told the the wintertime. This area cannot be in- ple in my State. It is time they were Congressional Joint Economic Com- dustrialized. It is just simply too heard. mittee on Wednesday that energy harsh. Some of this is untouched be- I listened to the Senator from Massa- prices had not yet risen to a point that cause it has to be. To suggest we can chusetts. He made a statement that he would seriously sap spending but have an industrial complex is totally attested was made in a quote by our warned that a lasting surge in the cost unrealistic. current Governor, which I don’t be- of oil could have far-reaching con- I often take this picture because it lieve. The quote was: sequences. shows the harsh Arctic on a day when Evidence overwhelmingly rejects the no- I ask unanimous consent that this ar- it is clear, but it is not clear all the tion of any relationship between Alaska ticle from Oil Daily be printed in the time. Sometimes we have a whiteout. North Slope crude and west coast gasoline RECORD. We can turn this picture upside down, prices. There being no objection, the article but it is even better to turn it around I know the Governor doesn’t believe was ordered to be printed in the because that is what it looks like when that, and I want to make sure the RECORD, as follows: it is snowing. This is a whiteout. A lot record was corrected. Think for a GREENSPAN: HIGH OIL CAN UNDERMINE of people do not know what kind of a minute what would happen to prices on RECOVERY condition that is. That is when one the west coast in California if we cut (By Sharif Ghalib) cannot tell the sky from the land be- off North Slope oil; if we do not con- Federal Reserve Chairman Alan Greenspan cause it is all the same color, and you tinue to supply California, Washington, appears to be taking a more guarded outlook better not fly into it. If you fly into it, Oregon with refined product and crude on the US economy compared with more san- you better be proficient as an instru- oil. It would impact the west coast. It guine comments he made last month amid ment pilot or you will not make a would impact the entire country. the possible consequences of sustained high round trip. That is the harsh reality. The Senator from Massachusetts oil prices on an economic recovery. The influential central bank chief told the That is what it looks like during a made this reference. I heard it and I congressional Joint Economic Committee on whiteout, which is a good portion of thought it was a mischaracterization, Wednesday that energy prices had not yet the time. When there is snow on the so I looked in the RECORD. He made the risen to a point that would seriously sap ground, there is snow in the air and no statement and attributed it to the Gov- spending, but warned that a lasting surge in visibility. Somebody told me it is one ernor of Alaska: the cost of oil could have ‘‘far-reaching’’ con- of the best charts we have. Evidence overwhelmingly rejects the no- sequences. He told the committee he was in We talked about the footprint, talked tion of any relationship between Alaska no rush to raise US interest rates. about the accountability and how the North Slope crude and west coast gasoline Greenspan’s apparent step back may well prices. have reflected mixed signals from recently vote will be scored. We know how the released economic indicators and, perhaps union will score the vote—as a jobs I encourage the Senator from Massa- more importantly, the recent surge in crude issue. We know how the environ- chusetts to correct that statement. oil prices, which have risen nearly $2 per bar- mentalists will score it—as an environ- We have heard time and time again rel this week. mental issue. I hope Members will the statement that the United States While the preponderance of the latest eco- score it as to what is best for America. has only 3 percent of the world’s oil nomic indicators point to a faster than pre- That is the issue. That is why we are and we use 25 percent of the energy. viously expected economic recovery in the here. Yet we produce 35 percent of the US, recent data released on the labor market showing a slight rise in unemployment shed I have talked about jobs. If we open world’s gross national product. We can some doubt on the speed of the recovery. ANWR, we will build new ships, 19 new argue that. We are getting a return, The reported rise in unemployment was tankers. We will build them in Cali- certainly, nearly a third of the world’s followed this week by a suggested slowdown fornia, the National Steel yard. We will domestic product is produced by the April 17, 2002 CONGRESSIONAL RECORD — SENATE S2867 United States which has 3 percent of make up the difference of what we im- continent, and there is hardly any other the world’s oil and uses 25 percent of port from Saddam Hussein, nearly 1.1 place where drilling would have less impact the world’s energy. That is part of our million barrels a day on CAFE, is not on the surrounding life. . . . standard of living. realistic. We gradually improve our That oil could help ease the country’s transition to lower oil supplies and . . . re- I talked about ANWR doubling our CAFE standards as we have over a pe- duce its dependence on uncertain imports. reserves. I talked about the fact we riod of time. To suggest we can make Congress would be right to go ahead and, have to address conservation. We are up the difference is poppycock. It can’t with all the conditions and environmental doing it and continue to do it and we be done. We can begin to do better and precautions that apply to Prudhoe Bay, see can continue to do a better job. Never- we will do better. But America moves what’s under the refuge’s tundra. . . . theless, we live from day to day. Our on oil. You don’t run an aircraft on hot Then on April 4, 1989, it says: farmers are dependent on low-cost en- air. You don’t fly an auto in Wash- . . . But if less is to be produced here in the ergy. ington, DC, on hot air. You do it on oil. United States, more will have to come from We have a letter from the American We are moving on oil. We will continue other countries. The effect will be to move Farm Bureau Federation in support of to do that. I am all for conservation, oil spills to other shores. As a policy to pro- ANWR. I ask unanimous consent to for renewables, but I am all for reality. tect the global environment, that’s not very have that printed in the RECORD. This chart is ironic. It shows the New helpful. . . . There being no objection, the letter York Times editorial positions from . . . The lesson that conventional wisdom seems to be drawing—that the country was ordered to be printed in the time to time. This was the 1987, 1988, should produce less and turn to even greater RECORD, as follows: and 1989 position, the New York Times imports—is exactly wrong. editorial board. They said in 1989: AMERICAN FARM BUREAU FEDERATION, Here we are in February 2001: Washington, DC, March 8, 2002. Arctic National Wildlife Refuge is the Is there an energy crisis, and if so, what Hon. FRANK H. MURKOWSKI, most promising refuge . . . of untapped re- U.S. Senate, Hart Senate Office Building, source of oil in the north. kind? What part of the problem can the mar- Washington, DC. ket take care of, and what must government In June of 1988: do? What’s the right goal when it comes to DEAR SENATOR MURKOWSKI: America’s . . . The potential is enormous and the en- farmers and ranchers are users, and increas- dependence on overseas sources? vironmental risks are modest . . . ingly producers, of energy. We believe that America cannot drill its way out of ties to passage of a comprehensive energy bill is of Further, the world oil market. There may be an emo- vital importance to agriculture and to our . . . the likely value of the oil far exceeds tional appeal to the notion of American en- nation. We urge the Senate to pass an energy plausible estimates of the environmental ergy for the American consumer and a na- bill with the hope that the President will cost. tional security argument for reducing the soon sign into law legislation that will ad- . . . the total acreage affected by develop- share that imports hold. But the most gen- dress our country’s energy security. ment represents only a fraction of 1 percent erous estimates of potential production from Our organization along with other ag of the North Slope wilderness. the Alaska refuge amount to only a fraction groups, the petroleum industry, and environ- . . . But it is hard to see why absolute pris- of current imports. mental groups have reached a bipartisan tine preservation of this remote wilderness Did we say it might be as much as 25 agreement on renewable fuels. This agree- should take precedence over the Nation’s en- percent? ment, contained in Majority Leader ergy needs. December 2001, the 25th, Christmas Daschle’s bill, provides that our nation’s March 30, 1989: Day: motor fuel supply will include at least five . . . Alaskan oil is too valuable to leave in billion gallons of renewable fuels by 2012. Gov. Bush has promised to make energy the ground. policy an early priority of his administra- The Renewable Fuels Standard adds value to . . . The single most promising source of tion. If he wants to push ahead with opening our commodities, creates jobs in rural Amer- oil in America lies on the north coast of the plain as part of that, he’ll have to show ica and provides a clean-burning, domesti- Alaska. that he values conservation as well as find- cally produced fuel supply for our nation. We . . . Washington can’t afford to treat the ing new sources of supply. He’ll also have to urge you to oppose any amendment that [Exxon Valdez] accident as a reason for fenc- make the case that in the long run, the oil to undoes this agreement. ing off what may be the last great oil field in be gained is worth the potential damage to Production of food and fiber takes energy— the nation. this unique wild and biologically vital eco- diesel in the tractor and combine, propane to Now they say: heat the greenhouse, natural gas as a feed- system. That strikes us as a hard case to stock for fertilizer and electricity for home Mr. Murkowski’s stated purpose is to re- make. and farm use. Our members believe that we duce the Nation’s use of foreign oil from 56 Isn’t it ironic that these editorial percent to 50 percent partly through tax must have affordable and reliable energy boards of two of the Nation’s leading sources. American Farm Bureau policy has breaks. The centerpiece of that strategy, in turn is papers could change their minds so dra- long supported environmentally sound en- to open the coastal plain of the Arctic Na- matically? I did meet with the Wash- ergy development in the Arctic National tional Wildlife Refuge. ington Post editorial board and I asked Wildlife Refuge (ANWR). We ask that you This page has addressed the folly of tres- them why they had changed their posi- support a cloture vote to allow the Senate to passing on a wondrous wilderness preserve vote on this issue and to support expanding tion. They were relatively surprised I for what, by official estimates, is likely to be would ask them that kind of question, our domestically produced energy sources. a modest amount of economically recover- Sincerely, able oil. and their response was equally inter- BOB STALLMAN, esting. They said they thought George President. What a contrast. January 2001, the W. Bush was a little too forceful in pro- Mr. MURKOWSKI. As we look at country needs a rational energy strat- moting energy activities associated other aspects of the debate in the lim- egy, but the first step in that strategy with his particular background. In ited time we are going to have tomor- should not be to start punching holes other words, I was politely brushed off. row, I hope we would not rest our lau- in the Arctic Refuge. This happens to be a Washington They have gone from 1987, 1988, 1989 rels on simply increasing CAFE stand- Post story. It is interesting because to 2001, in March and January—a com- ards. We had a very healthy debate on this is the newest deal that we devel- plete change of position. I asked the that. We sacrificed CAFE standards, to oped. It is the Philips field, the Alpine editorial board of the New York Times: a degree. We did it for safety. We heard project in Alaska’s North Slope, and Why? They said: Well, Senator, the from people, from mothers driving chil- right on the edge of the National Pe- former head of the editorial board dren to school or soccer games; they troleum Reserve, Alaska. moved to California so we have want a safe automobile. You can see that is a whole oilfield. changed our position. The statistics we heard suggested That is it. That is producing some- We have another one here from the there was a compromise between CAFE where around 85,000 to 100,000 barrels a Washington Post that is even more standards and safety. We chose to err day. ironic. In 1987 and 1989 they said: on the side of not reducing CAFE You know there is one thing you see Preservation of wilderness is important, standards to the levels we could have. but much of Alaska is already under the and you see a little airstrip and that is That is a responsible decision. strictest of preservation laws. . . . all. There is no road out of there. There That does not mean new technology But that part of the arctic coast is one of is a ice road in the wintertime, but in will not help, but to suggest we can the bleakest, most remote places on this the summertime you have to fly to get S2868 CONGRESSIONAL RECORD — SENATE April 17, 2002 in and out of there. The interesting ‘‘Saddam said if only two Arab States ple, then the wealth belongs to govern- thing about the Washington Post is— threatened to use economic measures ment. In our State, for the most part it we used to have laws around here when against Western countries if Israel did not is the Federal Government, and to a I was in the banking business called withdraw from Palestinian-ruled territory, ‘‘you will see they (Israelis) will pull out the lesser degree the State government. truth in lending. You had to tell the next day.’’ The only exception we have to that is truth to a borrower if you were going That is the kind of threat being used the land that is owned in fee simple by to lend him money. Those particular today. our Native residents and their efforts polar bears are warm and cuddly, but Let’s take a look at where the Iraqi to try to develop the resources on this they are not in ANWR. We know where oil is currently going. It is going to land. the picture was taken. It was taken California. This is 287 million barrels But I could go very easily right down about 500 miles away near Point Bar- that we shipped out: Minnesota, Mid- the list. We have the potential for oil row. Nevertheless, it was a Park Serv- west, all the States in the red on this and gas. We are blessed with that. It is ice photo. It looked good. They just chart. Do not think we are not getting in the Arctic. It is in the Cook Inlet used it and wrote us a nice letter and some Iraqi oil. area. It is down around Anchorage, and said thank you. This is what occurred in the world it is higher up. ANWR—100 percent homegrown American when the United States said it was out We have some other companies. energy. for the Easter recess. This is a little Unocol is down in the Cook Inlet area. That is like homegrown corn. note to the American people and the But for the most part, it has just been The exploration and development of energy Senators. What happened April 9, while the major oil companies. We really resources in the United States is governed by we were out? We had Saddam Hussein don’t have a significant locally owned, the world’s most stringent environmental impose a 30-day oil embargo; oil Alaskan-domiciled oil company of any constraints, and to force development else- jumped $3 a barrel; Saddam was paying competitive magnitude. I wish we did. where is to accept the inevitability of less But people come up and exploit the re- rigorous oversight. the Palestinian suicide bombers an in- crease from $10,000 to $25,000; Iraq and sources. Most of the profits are taken This is a gentleman, former execu- Iran called on countries to use ‘‘oil as down below to Texas, simply where the tive director of the Sierra Club, Doug a weapon’’ against the United States oil industry is located. We have even Wheeler. and Israel, and Libya happened to seen Phillips move down to Texas as We can do it right. Give us a chance. agree with that; the Iraqis—there was well. That is a corporate decision; that Washington Post, February 12, 2002: a plot, I think it was reported in the is their own business. Our greatest single failure over the last 25 Christian Science Monitor, to blow up Oil and gas have tremendous poten- years was our failure to reduce our depend- a U.S. warship; the price of gasoline tial. The only way the citizens of Alas- ence on foreign oil . . . which would have re- moved up. ka and the Government can participate duced the leverage of Saudi Arabia. in that is through employment and Richard Holbrooke, Ambassador to the So it is happening. Here is our friend United Nations in the second Clinton admin- Saddam Hussein, very blatantly stat- through revenues from the taxes of istration. ing ‘‘Oil Is A Weapon.’’ those resources. February 13, 2002: Again, we have seen this check that We go to the timber resources. As I have indicated time and time again, The Bush administration’s defense of the he is offering suicide bombers—$25,000. leases shows ‘‘disregard for both our precious This is reality. That is what is occur- there is more timber harvested in the California coastline and the right of states ring in the world today. I do not know State of New York for firewood than is to make decisions about their environment.’’ how the American public feels, but I produced commercially in the State of This was our good friend, the junior am fed up. Alaska in the largest of all our na- Senator from California, BARBARA The last one I will show again. It is tional forests because we don’t have BOXER, commenting on the issue of the frustration associated with the State forests of any consequence, it is States having a determination as to people. You have seen this before. We all Federal. Try to get a timber sale on what should prevail in their State. She all appreciate the sanctity of wilder- the Federal forest today, and you will further said: ness, parks, and recreation areas. But find yourself sitting on the courthouse We’re going to swap [oil leases] so that the all those areas in Alaska are federally steps—one injunction after another. As oil companies can drill where people want established withdrawals. They are wil- a consequence, I think we have one them to drill. derness areas, wildlife areas, and na- sawmill perhaps still operating in That was February 15. Of course we tional parks. We are proud of them. Ketchikan, one perhaps still operating would like to have them drill in our But we are entitled to develop and in Klawock, and one perhaps still oper- State. I think it is important to reflect prosper as a State, to provide edu- ating in Wrangell. That is virtually it. the inconsistency associated with some cational opportunities for our children, We have 33,000 miles of coastline. of the statements. sewer and water, and jobs. There is a lot of fishing. We have a This happens to be back in Eisen- When we look at an area one-fifth the tough time marketing our salmon, hower’s time. This was a Petroleum In- size of the lower 48 and recognize we which are wild Alaska salmon, because dustry War Council poster: don’t have one year-round manufac- our salmon are seasonal. They start Your work is vital to victory. Our ships, turing plant in the entire State, with running in May and run through Au- our planes, our tanks must have oil. the exception of an ammonia plant, gust and September. Our competition You do not sail a Navy ship by wind. that really can be considered a manu- is now fish farming in Chile and Can- You do not fly the planes on hot air. facturing plant—all of their products ada. We can’t quite comprehend that in This is by Reuters: are exported outside of Alaska. We Alaska because, first of all, we don’t Iraq urges use of oil weapon against Israel, have oil and we have gas. As you know, know what we would do with our fish- U.S. once oil and gas are developed, they are ermen and coastal communities which ‘‘Use oil as a weapon in the battle with the not very labor intensive. There is a lot are the backbone of our State. We enemy (Israel),’’ Iraq’s ruling Baath party of maintenance. There is new explo- think we have a superior product. But said in a statement published by Baghdad ration. The oil industry has done a re- they can provide the fresh product year media Monday. ‘‘If the oil weapon is not used in the battle sponsible job. But it is not a resident round in the market. to defend our nations and safeguard our lives oil industry. We don’t have small resi- We have a problems with our fish- and dignity against American and Zionist dent companies in our State. We wish eries. We are going through a transi- [namely Israeli] aggression, it is meaning- we did. We have Exxon, we have British tion. We don’t necessarily know what less,’’ the Iraqi statement said. Petroleum, we have Phillips, and a cou- the answer is. We have a lot of halibut, ‘‘If Arabs want to put an end to Zionism, ple of others. It is all outside capital. a lot of cod, and a lot of crab. they are able to do so in 24 hours,’’ Saddam The people who contribute to the in- We are tremendously blessed with told a group of Iraqi religious dignitaries minerals. We have no transportation. Sunday night. dustry are the best, but for the most ‘‘The world understands the language of part they are transient. We haven’t built a new highway in our economy, so why do not Arabs use this lan- The wealth of an area is in its land. State since we opened up that highway guage?’’ he asked. If the land is not controlled by the peo- to Prudhoe Bay to build the pipeline. April 17, 2002 CONGRESSIONAL RECORD — SENATE S2869 We have no way to reach across our In other words, the oil has been been a long day. But I felt it necessary State from east to west. We have no pulled down. to give Joe an opportunity to show his highways throughout southeastern He goes on to say: charts, and he has done a good job of Alaska. We have a ferry system. Due to the physics of production, the con- that. As you look at minerals, if you look current production of oil from ANWR with I say to you, Mr. President, you have at that map and try to figure out how the production of natural gas from Prudhoe been gracious with your time. And the you are going to get through some of Bay can result in the optimum utilization of clerks, and the whole Senate profes- the Federal withdrawals located near- these energy resources. Without concurrent sional staff have been very generous. by, indicated on the colored charts, production there will be a significant time Again, I would appeal to those of you interval after the depletion of the natural you get a different picture of that wide who are about ready to go to bed, to open space up there and all those re- gas in Prudhoe Bay before any gas is pro- duced from ANWR. The interval could be as those staff people who are watching, to sources. How are you going to develop much as 30 years. Assuming only 16 billion consider, one more time, the human them? Anything we develop we don’t barrels of recoverable oil in ANWR, and an element. Put aside, for just a moment, market in our State because we don’t excess capacity of 800,000 barrels per day in the environmental considerations that have a population concentration. We the Trans-Alaska pipeline, it would take 55 have gone into this debate. Consider have 660,000 people, or thereabouts, years to utilize this petroleum resource. the people of Alaska. Consider those with half of them in Anchorage. Every- Thus, natural gas from ANWR could not be kids—their hopes, their dreams, their optimally utilized for 34 years after the nat- thing we produce has to be competitive aspirations for a better life, an oppor- with the other countries that develop ural gas in Prudhoe Bay is depleted. There is more than adequate time for both Alaskans tunity for sewer and water. It looks resources and sell on the markets of and those outsiders in the ‘‘lower-48’’ to like the middle child shown in the pic- the world. For all practical purposes, freeze in the dark. ANWR petroleum must be ture missed the dentist. But, in any our world markets, with the exception utilized now in order to have ANWR gas event, they are American citizens. of oil and gas, are in the Orient— available when Prudhoe Bay gas is depleted. They are Eskimo kids who live in our Japan, Korea, Taiwan, and China to So he is making the case that as we land, and I think they have a right to some extent. developed Prudhoe Bay, we found the look to us, look to those of us in this That is a little bit of a rundown of gas. We used the gas for recovery of the body for some disposition of their fu- Alaska today. That is why we believe, oil. Now that the oil is in decline, we ture so they can enjoy the opportuni- for the benefit of our State, our State can use the gas. But the same is true in ties that we take for granted. government, and for our people, that it ANWR. If we develop ANWR, and begin Mr. President, I yield the floor. is imperative we be allowed to develop to produce oil, as the oil declines, we this area for the national security in- will use the gas for reinjection, and f terests of this Nation. then we will have the gas available. There is a technical paper I came ADJOURNMENT UNTIL TOMORROW So there is a logical sequence in the across which was sent to me on the AT 9:45 A.M. manner in which you develop these physics of oil and natural gas produc- fields and provide the continuity of oil, The PRESIDING OFFICER. Under tion. It addresses the relationship be- followed by the continuity of gas. the previous order, the Senate stands tween Prudhoe Bay and ANWR. It is I must also indicate that as a profes- adjourned until 9:45 tomorrow morn- two paragraphs. I think it is impor- sional engineer, Paul Metz is providing ing. tant. It is written by the professor of his opinion and not the opinion, nec- Thereupon, the Senate, at 10:33 p.m., geological engineering and chairman of essarily, or endorsement of the Univer- adjourned until Thursday, April 18, the Department of Mining and Geologi- sity of Alaska, or the engineering de- 2002, at 9:45 a.m. cal Engineering, School of Minerals partment. But I think it puts a dif- and Engineering, University of Alaska, f ferent light on the logic of the se- Fairbanks. I am sure he would agree to quence of development of a huge hydro- CONFIRMATION have that go into the RECORD. carbon field such as we have in the It states: Executive nomination confirmed by Alaska Arctic today. Due to the physics of oil and natural gas the Senate April 17, 2002: Mr. President, you have been very production, the natural gas resources in THE JUDICIARY Prudhoe Bay can now be produced since gracious with your time. It is 10:30 at night. I think we started this debate LANCE M. AFRICK, OF LOUISIANA, TO BE UNITED there has been a significant reduction in the STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT oil reserves— very early. Somebody said 8:30. It has OF LOUISIANA. April 17, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E549 EXTENSIONS OF REMARKS

IN HONOR OF RAY ‘‘SCOTTY’’ Call Votes No. 80 through 92 from April 9, sponsible for various administrative depart- MORRIS 2002 through April 11, 2002. 1 have listed ments of the International Union, including Ac- below how I would have voted had I been counting, Auditing, Building Maintenance, Cir- HON. NANCY PELOSI present. culation, Purchasing, and Strike Insurance. In OF CALIFORNIA On Vote No. 80, to approve the Journal, I addition, Burks directs the UAW Michigan IN THE HOUSE OF REPRESENTATIVES would have voted ‘‘Yea.’’ CAP (Community Action Program) and the Tuesday, April 16, 2002 On Roll Call Vote No. 81, H. Res. 377, rec- UAW’s Veterans Department. ognizing Ellis island Medal of Honor and com- Prior to his position as secretary-treasurer, Ms. PELOSI. Mr. Speaker, I rise to salute a mending the National Ethnic Coalition of Orga- Ruben served three terms as director of UAW great San Francisco talent, Ray ‘‘Scotty’’ Mor- nizations, I would have voted ‘‘Yea.’’ Region IC, which covers 11 counties in south- ris on the occasion of his 70th birthday. Scotty On Roll Call Vote No. 82, H.R. 3958, the central Michigan and is headquartered in Flint. Morris is a brilliant photographer, and San Bear River Migratory Bird Refuge Settlement Mr. Speaker, Ruben has been a member of Francisco has been enriched by the fine work Act, I would have voted ‘‘Yea.’’ UAW Local 598 since 1955 when he went to he has done in our City. Scotty’s work in the fields of photography On Roll Calf Vote No. 83, on agreeing to an work as an assembler at the former Fisher and photojournalism has earned him wide- amendment introduced by the gentleman from Body Plant 2 of General Motors Corporation in spread recognition. He has won 28 national, California, Mr. Waxman, to H.R. 3925, The Flint, Michigan. In 1970, Mr. Burks was ap- state, and local awards for his photographs, Digital Tech Corps Act of 2002, 1 would have pointed by then UAW President Walter Reu- including the well-recognized Associated voted ‘‘No.’’ ther to the International Union staff in Region Press News and Feature Award and the San On Roll Call Vote No. 84, H. Res. 363, con- 1C where he serviced UAW members in Gen- Francisco Press Club Award for the best news gratulating the people of Utah, the Salt Lake eral Motors and independents, parts, and sup- picture of the year. His works have appeared Organizing Committee and the athletes of the plier plants. in the New York Times, the London Times, world for a successful and inspiring 2002 Ruben has been a long time community ac- Newsweek, Life, Esquire, Forbes, and many Olympic Winter Games, I would have voted tivist as well. He has been a leader in Flint other prestigious publications. ‘‘Yea.’’ Genesee County Economic Development, a Scotty Morris’ photographs of international On Roll Call Vote No. 85, H.R. 3991, the cooperative effort by labor, business, and civic political leaders include every American Presi- Taxpayer Protection and IRS Accountability leaders to keep good jobs in the Flint commu- dent from Harry Truman to Bill Clinton, as well Act, I would have voted ‘‘Yea.’’ nity and to attract new industries to the area. as Charles De Gaulle and Nikita Khruschev. On Roll Call Vote No. 86, on a motion to in- Ruben played a leading role in the UAW-Gen- His portfolio includes well-known images of struct conferees to H.R. 2646, the Farm Secu- eral Motors Community Health Care Initiative film stars Elizabeth Taylor, Sophia Loren, and rity Act, ‘‘Yea.’’ in Flint, an innovative community-based effort Robert Redford; world icons Queen Elizabeth, On Roll Call Vote No. 87, on ordering the to improve the quality and accessibility of Mother Teresa, and the Dalai Lama; and Previous Question, I would have voted, ‘‘Yea.’’ health care while at the same time making the sports heroes Pele, Peggy Flemming, and Joe On Roll Call Vote No. 88, H. Res. 386, the community’s health care delivery system more Montana. rule to consider H.R. 3762, the Pension Secu- cost efficient. During Mayor Frank Jordan’s administration, rity Act, I would have voted ‘‘Yea.’’ Ruben has not only been active in the Scotty was the official photographer for San On Roll Call Vote No. 89, on approving the UAW, but is also actively involved in numer- Francisco. His photograph of the Royal Yacht Journal, I would have voted ‘‘Yea.’’ ous civic, charitable, and youth organizations Britannia entering San Francisco Bay was pre- On Roll Call Vote No. 90, on the amend- in the Flint community, including Special sented to Her Majesty Queen Elizabeth as an ment offered by the gentleman from California, Olympics, March of Dimes, Red Cross, and official gift from the city of San Francisco Mr. Miller, Substitute Amendment to H.R. Easter Seals. and.now resides in Buckingham Palace. 3762, the Pension Security Act, I would have An outspoken advocate for working families Mr. Speaker, Scotty Morris’ artistic gifts voted, ‘‘No.’’ in the political arena, Mr. Burks has made have enriched our City and our nation. It is my On Roll Call Vote No. 91, on the motion to grassroots political action by UAW members a pleasure to commend him for his marvelous recommit with instructions to H.R. 3762, the high priority in Region 1C. Ruben also re- career and to wish him the best on his 70th Pension Security Act, I would have voted, ceived an honorary degree in Community De- birthday. ‘‘No.’’ velopment from Mott Community College in f On Roll Call Vote No. 92, on final passage recognition and appreciation of his contribu- PERSONAL EXPLANATION of H.R. 3762, the Pension Security Act, I tions to the Flint community. would have voted ‘‘Yea.’’ Ruben has lived in Flint since 1955 and is HON. STEPHEN HORN f the proud father of seven children and ten grandchildren. Mr. Speaker, as Ruben leaves OF CALIFORNIA HONORING RUBEN BURKS, SEC- IN THE HOUSE OF REPRESENTATIVES his position as secretary-treasurer of the RETARY-TREASURER OF THE UAW, I would ask that all my colleagues sa- Tuesday, April 16, 2002 UAW, ON HIS RETIREMENT lute him and his leadership. Mr. HORN. Mr. Speaker, on Rollcall No. 92, f H.R. 3762, the passage of the Employee Pen- HON. JOHN D. DINGELL RECOGNIZING DEPELCHIN sion Freedom Act of 2007/Pension Security OF MICHIGAN Act of 2002, I was unavailably detained on CHILDREN’S CENTER Congressional business. Had I been present, IN THE HOUSE OF REPRESENTATIVES I would have voted yea. Tuesday, April 16, 2002 HON. KEN BENTSEN f Mr. DINGELL. Mr. Speaker, I rise today to OF TEXAS PERSONAL EXPLANATION recognize Ruben Burks on the occasion of his IN THE HOUSE OF REPRESENTATIVES retirement from the UAW as secretary-treas- urer. Wednesday, April 17, 2002 HON. PAUL RYAN Mr. Burks was elected secretary-treasurer of Mr. BENTSEN. Mr. Speaker, I rise today in OF WISCONSIN the UAW on June 24, 1998, by the delegates recognition of the DePelchin Children’s Cen- IN THE HOUSE OF REPRESENTATIVES to the 32nd UAW Constitutional Convention in ter, on the occasion of their 110th Anniversary Tuesday, April 16, 2002 Las Vegas, Nevada. and the grand opening dedication of their new Mr. RYAN of Wisconsin. Mr. Speaker, due As secretary-treasurer, Ruben holds the facility. The DePelchin Children’s Center is to a death in the family, I was absent for Roll second-highest office in the UAW. He is re- named for its founder Kezia Payne DePelchin,

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

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.000 pfrm02 PsN: E17PT1 E550 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2002 who in 1892 took three orphaned babies into was very rewarding, though not in a monetary September 5, 2002, at the George R. Brown her care and started a tradition of service. sense. She became one of the first African Convention Center. Dr. John Mendelsohn, The three babies taken in by Kezia were the Americans to open a residential licensed president of the University of Texas’ M.D. An- first of thousands to be cared for by the home in West Fresno for the Central Valley derson Cancer Center will serve as this year’s DePelchin Children’s Center. The center cur- Region and State of California, where she General Chair. rently provides counseling services, parental could assist numerous Valley residents. For many years, major corporations have education, adoption and foster care services, Mr. Speaker, I rise today to honor Mrs. used EXPO as a tool to disseminate informa- and residential treatment for children with Rosteen Strassner on the very special occa- tion on how to do business with their compa- emotional disorders. What is a most remark- sion of her 100th birthday. The community has nies. Minority Business Enterprises (MBEs) able feat is that these services are currently been greatly served by this outstanding utilize EXPO as an easy and cost-effective offered to more than 27,000 children and fami- woman. I invite my colleagues to join me in means of accessing key purchasing personnel lies each year. thanking Mrs. Strassner for her contributions and decisionmakers at major corporations. Throughout its 110 year continuum of care, to the community and wishing her many more EXPO allows MBEs to gain valuable insights DePelchin Children’s Center has been a cor- prosperous years. into both the local and national strategies of nerstone of care in Harris, Montgomery, Ft. f major corporations. Nearly 1,000 minority- Bend, and Waller Counties. The services of- owned businesses and more than 200 cor- fered at DePelchin are designed to meet the RACE RELATIONS IN NORTHEAST porations and government agencies are ex- specific needs of individuals and families. At OHIO pected to attend. EXPO prides itself in its abil- DePelchin, services are offered to individuals ity to spur the development of minority busi- regardless of their ability to pay. The Center HON. TOM SAWYER nesses by bringing together minority busi- receives its funding from the United Way, sev- OF OHIO nesses and corporate executives. Last year, eral government agencies, and the generosity IN THE HOUSE OF REPRESENTATIVES as a result of contacts established at EXPO, of individuals within the community. Wednesday, April 17, 2002 MBEs made an average of 23 sales calls from From 1892 to 2002, the DePelchin Chil- which 44 percent reported immediate results. dren’s Center has continued to grow. Through Mr. SAWYER. Mr. Speaker, in 1993, The On average, at least two-thirds of the partici- its support from the Child Welfare League of Akron Beacon Journal in Akron, Ohio pub- pants reported the establishment of new busi- America (CWLA) in 1937, DePelchin opened lished ‘‘A Question of Color,’’ a year-long Pul- ness relationships that totaled as high as $2 the Negro Child Center and targeted services itzer Prize winning series on race relations in million within 8 months of the event. to Houston’s minority population. During the Northeast Ohio. As part of the series, The Mr. Speaker, the Houston Minority Business days of segregation DePelchin was a catalyst Akron Beacon Journal called on local organi- Council serves the important function of incor- within the community. zations to join together to discuss ways to im- porating minority businesses in local and na- There are many success stories that prove race relations in the community. This ef- tional commerce. Regardless of the size of the spawned from the DePelchin Children’s Cen- fort became known as the Coming Together company, EXPO has something to offer a mi- ter. The ‘‘Bayou Place,’’ a division of Project. nority business owner, major corporation, gov- DePelchin in Spring, Texas, serves as a group Nine years later, the Coming Together ernment agency, educational or financial insti- home and hosts classes for foster and biologi- Project has grown tremendously. What began tution, or business resource organization. I ap- cal families. It provides education for children as a local effort to address growing disparities plaud the efforts of the Houston Minority Busi- at the shelter, care for children of battered between blacks and whites in the areas of ness Council and look forward to another suc- wives, and adoption services for mentally re- housing, income, and educational opportuni- cessful event. tarded children. ties, has expanded into a national effort to f Mr. Speaker, I join the DePelchin Children’s promote diversity, racial harmony, and cultural Center as it celebrates its 110th Anniversary awareness. The Coming Together Project es- HONORING CHARLES M. WALLIN and the grand opening dedication of the new tablished programs that provide people with facility. I commend the staff and volunteers of the opportunity to discuss issues that have HON. GEORGE RADANOVICH DePelchin for their unyielding commitment to historically divided them. Through educational OF CALIFORNIA the ideals of Kezia Payne DePelchin. Their workshops and seminars, the Coming To- IN THE HOUSE OF REPRESENTATIVES gether Project promotes dialogue and helps passionate work on behalf of countless young Wednesday, April 17, 2002 Texans has set an example for generations. I foster community-building relationships. applaud their leadership and service, and wish On Wednesday, April 17, 2002, the Coming Mr. RADANOVICH. Mr. Speaker, I rise them continued success in the years to come. Together Project will hold its inaugural Annual today to honor Charles M. Wallin for receiving f Meeting and Awards Luncheon in honor of the the 2002 Hall of Fame Award from the Sanger organization’s founders, community volun- District Chamber of Commerce. Mr. Wallin has HONORING ROSTEEN STRASSNER teers, and supporting groups. The Coming To- been playing a huge role in the Sanger com- gether Project and its 250 participating mem- munity nearly his entire life. HON. GEORGE RADANOVICH ber groups and corporations deserve recogni- Charles Wallin attended elementary school OF CALIFORNIA tion for their dedicated work to improving com- and high school in Sanger. He graduated from IN THE HOUSE OF REPRESENTATIVES munities across the country through diversity Fresno State, and the College of Mortuary programs. Science in Los Angeles. Upon his return to Wednesday, April 17, 2002 f Sanger, Charles went into business with his Mr. RADANOVICH. Mr. Speaker, I rise father at Wallin & Son Funeral Home which he today to honor Mrs. Rosteen Strassner on the RECOGNIZING THE HOUSTON MI- eventually purchased from his father and re- occasion of her 100th birthday. The Fresno NORITY BUSINESS COUNCIL’S named Wallin’s Sanger Funeral Home. Temple Church of God in Christ celebrated EXPO 2002 Mr. Wallin is a very active member of the her birthday on March 23, 2002. Sanger community. He was a member of the Mrs. Strassner has made numerous con- HON. KEN BENTSEN board of directors for the Sanger Chamber of tributions to her community; she is truly a giv- OF TEXAS Commerce and was the District Secretary for ing person. She has served the West Fresno IN THE HOUSE OF REPRESENTATIVES Rotary District 5230. Charles Wallin has been Community and the City of Fresno for nearly a member of the Rotary Club of Sanger since 68 years. Her accomplishments have been Wednesday, April 17, 2002 1964, and is currently a member of the San- great, and range in variety. Rosteen’s concern Mr. BENTSEN. Mr. Speaker, I rise in rec- ger Masonic Lodge No. 316. Charles is an for others has made an impact on her career ognition of the Houston Minority Business avid supporter of the Tom Flores Youth Foun- choices. Mrs. Strassner worked as a dietitian Council’s EXPO 2002. EXPO 2002, Texas’ dation, and also promotes numerous programs at St. Agnes Hospital for many years. She largest minority business development trade at Sanger High School, Mr. Wallin is a mem- also owned and operated two restaurants in fair, assists major corporations, government ber of the California Funeral Director’s Asso- the Fresno area. Mrs. Strassner, unwilling to agencies and educational institutions in identi- ciation. He has been married to Marilyn L. turn her back on anyone, opened her home to fying proven minority suppliers capable of sat- Wallin for 37 years, and the happy couple was become a full-time caregiver to mentally chal- isfying product and service needs. This year’s blessed with three sons, Mark, Christopher, lenged adults. Her hard work and dedication business forum will be held on Wednesday, and Brian.

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.001 pfrm02 PsN: E17PT1 April 17, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E551 Mr. Speaker, I rise today to congratulate Mr. HONORING DR. FRED B. KESSLER cialist Shelton sustained injuries while posi- Charles M. Wallin for receiving the 2002 Hall tioned in a bunker defending the base perim- of Fame Award from Sanger Chamber of HON. KEN BENTSEN eter. Commerce. I invite my colleagues to join me OF TEXAS Although his fellow soldiers and the U.S. in thanking Mr. Wallin for his community serv- IN THE HOUSE OF REPRESENTATIVES Army recognized his personal bravery, due to ice and wishing him many more years of con- his severe medical condition and evacuation tinued success. Wednesday, April 17, 2002 to U.S. hospitals, there was unfortunately not Mr. BENTSEN. Mr. Speaker, I rise today to time to present his medals when they were f honor Dr. Fred B. Kessler who has been se- actually awarded. On the battlefield, Shelton lected The Houston Surgical Society’s ‘‘Distin- showed uncommon valor, dedication, and sac- PERSONAL EXPLANATION guished Houston Surgeon’’ for 2002. Dr. rifice that cannot be instilled in training. Kessler’s family, colleagues, and friends will Mr. Speaker, I had the honor of attending HON. BOB RILEY honor him at the society’s meeting on May 21, an awards ceremony on April 8, 2002, when OF ALABAMA 2002. Mr. Shelton finally received his medals. This IN THE HOUSE OF REPRESENTATIVES Dr. Kessler has dedicated his life to our nation has not forgotten his tremendous serv- county and to the world of surgical medicine. ice. I would like to thank Staff Sergeant Wednesday, April 17, 2002 He was born on December 18, 1931, in Hous- Shelton in keeping with the highest tradition of Mr. RILEY. Mr. Speaker, I was unavoidably ton, TX. He graduated from the University of armed service, and selflessly defending the detained for rollcall No. 93, H.R. 1374, the Texas in 1952 and obtained his medical de- lives of his fellow soldiers. Philip E. Ruppe Post Office Building Designa- gree in 1956 from the University of Texas f tion Act. Had I been present I would have Medical School in Galveston. Dr. Kessler in- PERSONAL EXPLANATION voted ‘‘yea.’’ terned at the Philadelphia General Hospital I was also unavoidably detained for rollcall from 1956–1957 and completed his residency No. 94, H.R. 4156, the Clergy Housing Allow- training at the Hospital University of Pennsyl- HON. BOB CLEMENT ance Clarification Act (as amended). Had I vania. He returned to Houston after com- OF TENNESSEE been present I would have voted ‘‘yea.’’ pleting his fellowship at Roosevelt Hospital in IN THE HOUSE OF REPRESENTATIVES I was also unavoidably detained for rollcall New York in 1963. Wednesday, April 17, 2002 No. 95, H.R. 4167, the Family Farmer Bank- Dr. Kessler is currently Clinical Professor of Mr. CLEMENT. Mr. Speaker, on roll call no. ruptcy Extension Act. Had I been present I Surgery and Co-Fellowship Director of the 93, H.R. 1374, had I been present, I would would have voted ‘‘yea.’’ Plastic Surgery Hand Service at Baylor Col- have voted ‘‘yea.‘‘ lege of Medicine. He has served on numerous f f committees for the American Society for Sur- RECOGNIZING SHARON K. DARLING 50TH ANNIVERSARY OF LITTLE gery of the Hand and the American Medical LEAGUE BASEBALL IN BOUND Association, published numerous articles and BROOK, NJ chapters, and served as associate editor of HON. ANNE M. NORTHUP the Journal of Hand Surgery. OF KENTUCKY HON. MICHAEL FERGUSON Mr. Speaker, throughout his career, Dr. IN THE HOUSE OF REPRESENTATIVES Kessler has distinguished himself as a spec- Wednesday, April 17, 2002 OF NEW JERSEY tacular surgeon, consummate educator and an IN THE HOUSE OF REPRESENTATIVES integral part of the Houston community. It is Mrs. NORTHUP. Mr. Speaker, I rise today to congratulate a truly inspiring woman in my Wednesday, April 17, 2002 with great honor that I congratulate him on this outstanding recognition of his commitment to district, Ms. Sharon Darling. Ms. Darling has Mr. FERGUSON. Mr. Speaker, I rise today the field of medicine. been honored as a 2001 recipient of the pres- to congratulate the players, coaches and ad- f tigious National Humanities Medal. Next ministration of the Bound Brook Little League month, Ms. Darling will receive her award in a on the 50th anniversary of Little League Base- HONORING MR. DEAN STANLEY personal presentation from President Bush ball in Bound Brook, New Jersey. SHELTON and First Lady Laura Bush. Nothing symbolizes the springtime and the As a tireless advocate for education and lit- onset of warmer weather like the first pitch of HON. BOB SCHAFFER eracy, Ms. Darling has worked hard to im- the baseball season. A season’s first pitch is OF COLORADO prove and reform the education system. While always a special moment, but on Saturday, IN THE HOUSE OF REPRESENTATIVES serving in many capacities throughout her ca- April 20, the first pitch ceremony of the Bound reer, she has always remained steadfast in Brook Little League commemorates 50 years Wednesday, April 17, 2002 her pursuit of this very noble goal. Ms. Darling of little league baseball in the community. Mr. SCHAFFER. Mr. Speaker, today I am pioneered a program that combines early Over the years, little league baseball has proud to honor Staff Sergeant Dean Stanley childhood education, adult literacy education, become a fixture in Bound Brook. The little Shelton who proudly served in the United parental support and structured interaction be- league does more than merely teach the youth States Army and recently received the Purple tween parents and their children. Encouraged of the area about our national pastime. It fos- Heart and Bronze Star medals of honor. by positive results, Ms. Darling founded the ters camaraderie with teammates, instills re- Raised in Kansas, Mr. Shelton was drafted National Center for Family Literacy in 1989. spect for fellow competitors, and teaches on February 8, 1951 at age twenty-one, and Since its inception, NCFL, which is located in youngsters that sports are about much more first served in Germany. During his time there Louisville, Kentucky, has been dedicated to than winning and losing. he met his soon to be wife, Greta. Once his family literacy. Their efforts are internationally On April 20, the community of Bound Brook service abroad was completed, Mr. Shelton recognized, and NCFL is well-known for cre- will come together to have a parade followed came back to the United States and was sta- ating innovative program models, developing by exhibition baseball games to mark the 50th tioned at Fort Custer, Michigan where he re- effective advocacy strategies and providing re- anniversary of the little league. This day of ceived an Honorable Discharge on January search, training and technical assistance to celebration will bring together former and cur- 30, 1955. professionals working within the field of family rent players and is symbolic of the organiza- However, due to his dedication and love of literacy. tion’s meaning to the area. The little league service, Mr. Shelton re-enlisted in the Army on Ms. Darling and the NCFL realize the impor- brings the community together to give adults June 27, 1955. Once again duty sent him to tance of education and literacy. Without the the opportunity to share their love of baseball Germany, South Korea, and South Vietnam. ability to access knowledge, people will not and teach kids lessons that they will carry It was in Vietnam, assigned to Company A, have the tools necessary to fight their way out throughout their lives. Fourth Engineering Battalion, Fourth Infantry of impoverishment, and to empower them- I commend Bound Brook Little Leaguers, Division, where Staff Sergeant Shelton sus- selves. Ms. Darling serves as an advisor on past and present, and the many friends of the tained injuries during combat. On March 26, education issues to governors, policy makers, little league that have helped mold the lives of 1968, the Third Battalion Fire Support Base business leaders and foundations across the so many youngsters throughout the past 50 came under intense enemy ground, rocket, nation. By providing advice and creative plan- years. and mortar attack. During these events, Spe- ning strategies, Ms. Darling works toward

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.006 pfrm02 PsN: E17PT1 E552 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2002 strengthening families through education, and been a member of the Rotary for seven years filled all of their expectations and successfully moving them toward literacy and self-suffi- and the Sanger Chamber of Commerce for fif- completing the perfect season. ciency; both essential steps in breaking the teen years. Mr. Galan is also a member of the On behalf of the people of the 25th District intergenerational cycle of poverty. She con- Sanger Masonic Lodge and serves as a Trust- of New York, it is my honor to congratulate the tinues to have a lasting impact in helping to ee and on the Stewardship Committee for the Faith Heritage Boys High School Basketball shape welfare reform, education reform and Sanger Methodist Church. Regardless of his team and their coaching staff on their Class D develop the skilled workforce of our nation. enormous community involvement Mike also State Basketball Championship. With these re- The National Humanities Medal will not be spends a lot of time with his wife of 32 years, marks, I would like to recognize the following the first time Ms. Darling has received recogni- Karen, and their two sons, Justin and Ray- players and staff. Jason Awad, David Booher, tion for her efforts. In 2000, she received the mond. Joel Canino, Tim Halladay, Ryan Nellenback, Razor Walker Award from the University of Mr. Speaker, I rise today to congratulate Vivek Thiagarajan, BJ Dwyer, Paul Finch, An- North Carolina for her contributions to lives of Mike Galan for receiving the Citizen of the drew Honess, Dan Loucy, Jacob Brunner, children and youth. She also has been hon- Year Award from Sanger Chamber of Com- Cooper Stroman and Head Coach Dan ored with the Women of Distinction Award merce. I invite my colleagues to join me in Sorber. from Birmingham Southern University in 1999; thanking Mr. Galan for his community service f the Albert Schweitzer Prize for Humani- and wishing him many more years of contin- REMEMBERING ISABELLA ROSE tarianism from Johns Hopkins University in ued success. LANCASTER, OF MOBILE, ALA- 1998; the Charles A. Dana Award for Pio- f neering Achievement in Education in 1996; BAMA and the Harold H. McGraw Award for Out- CELEBRATING THE 75TH ANNIVER- standing Educator in 1993. Several honorary SARY OF THE HAMILTON COUN- HON. BOB RILEY doctorate degrees and a feature on the Arts & TY REPUBLICAN WOMEN’S CLUB OF ALABAMA Entertainment television network’s series, ‘‘Bi- IN THE HOUSE OF REPRESENTATIVES ography’’ further exemplify the impact Ms. HON. STEVE CHABOT Wednesday, April 17, 2002 Darling has had in regards to education and OF OHIO Mr. RILEY. Mr. Speaker, I rise this evening literacy. IN THE HOUSE OF REPRESENTATIVES in extremely sad, yet spiritually joyful remem- The National Humanities Medal, the Federal Wednesday, April 17, 2002 brance of a little girl named Isabella Rose Government’s highest honor recognizing Mr. CHABOT. Mr. Speaker, today I want to Lancaster, who was born December 20, 2001, achievement in the humanities, acknowledges and died April 14, 2002, in the arms of her be- individuals or groups whose work broadens recognize the Hamilton County Republican Women’s Club of Cincinnati, Ohio, in celebra- loved mother. citizens’ engagement with and expands Ameri- During the short four months she graced our tion of its 75th anniversary. cans’ access to important resources in the hu- world with her innocent presence, Isabella Since 1927, this organization has diligently manities. By providing literary assistance to touched the hearts of everyone fortunate promoted and participated in our democratic children and their parents, Ms. Darling’s family enough to have seen her, to have held her, process. The HCRWC has helped hundreds of literacy programs are helping reverse the dis- and to have loved her. Chief among them was candidates at the local, state, and federal lev- turbing trend of illiteracy in families, and im- her mother, Caroline Anne-Marie Lancaster, of els, and supported countless issues of impor- prove the academic achievement of children. Mobile, Alabama, whom my prayers, sym- tance to the greater Cincinnati community. We all know that reading is critical to overall pathy, and thoughts are with this evening. Grassroots organizations like the HCRWC success in school—if a student cannot read Friends and family gathered at St. Dominic’s supply campaigns with dedicated volunteers the math problem, he cannot achieve in Catholic Church in Mobile earlier today to re- who donate their own time to do the invalu- math—if he cannot read his science book, he member Isabella and to comfort Caroline, who able behind the scenes work necessary to cannot understand our changing world. Ms. cared for her little girl with all a mother’s love. Darling has striven toward the ideals personi- keep the democratic electoral process func- We in Congress mourn the unexpected fied by the National Humanities Medal, and tioning. passing of Isabella, and pause to remember Mr. Speaker, organizations like the Hamilton her distinction is much deserved. I commend her this evening. her on receiving this award, and thank her for County Republicans Women’s Club are the While there are no words from man that the work she has done, and will continue to backbone of the American political process. I could ever provide the solace Caroline needs, do. wish the club and its members continued suc- we humbly ask the Holy Spirit to shine into her f cess in raising political awareness and in- soul, and reassure her broken heart that little creasing political participation in Cincinnati and HONORING MICHAEL P. GALAN Isabella will forever walk beside her, forever beyond for years to come. sleep next to her, and will forever protect her f HON. GEORGE RADANOVICH until Mother and Daughter are reunited in TRIBUTE TO FAITH HERITAGE Heaven with our loving Father, the Lord our OF CALIFORNIA HIGH SCHOOL BASKETBALL TEAM God, and his Son, Jesus, who this very hour IN THE HOUSE OF REPRESENTATIVES holds Isabella safely in the palm of His hand, Wednesday, April 17, 2002 HON. JAMES T. WALSH and who truly knows Isabella’s life has no end. f Mr. RADANOVICH. Mr. Speaker, I rise OF NEW YORK today to honor Michael P. Galan for receiving IN THE HOUSE OF REPRESENTATIVES HONORING DR. PAULA HARTMAN- the Citizen of the Year Award from the Sanger STEIN District Chamber of Commerce. Mr. Galan has Wednesday, April 17, 2002 devoted many years to service within the com- Mr. WALSH. Mr. Speaker, I rise today to HON. TOM SAWYER congratulate the Faith Heritage High School munity of Sanger. OF OHIO Mike Galan graduated from Contra Costa Boys Basketball team for winning the Class D IN THE HOUSE OF REPRESENTATIVES Junior College in 1966 and was hired by the New York State Basketball Championship. University of Wisconsin to work for the Na- The Faith Heritage Saints not only won the Wednesday, April 17, 2002 tional Science Foundation in Antarctica. While Class D State title, they did so in an impres- Mr. SAWYER. Mr. Speaker, Dr. Paula Hart- in Antarctica he explored the Queen Maude sive fashion, finishing the season with a per- man-Stein, a leading mental health advocate, Land area—which had never been explored. A fect 27–0 record. is being inducted into the National Academies mountain ridge was named ‘‘The Galan The Saints were led by first year coach Dan of Practice on April 13, 2002, after being elect- Ridge’’ for his involvement in the expedition. Sorber as well as strong leadership from the ed a Distinguished Practitioner by the National He returned to California, completed a de- team’s veteran members, which included six Academies of Practice in Psychology. Found- gree at California State University, Sac- graduating seniors. The team had high expec- ed in 1981, the National Academies of Prac- ramento, and, after many promotions with tations from the very beginning of the season, tice is an organization devoted to promoting Western Kraft Paper, moved to Sanger as never settling for anything less than perfection. quality health care for all through interdiscipli- Plant Manager. He has made a tremendous Their senior leadership and perseverance al- nary practice, education, and research. impact on the community through his partici- lowed them to emerge victoriously in the title Dr. Paula Hartman-Stein is the founder of pation in numerous organizations. He has game. They finished the season having ful- the Center for Healthy Aging, a behavioral

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.012 pfrm02 PsN: E17PT1 April 17, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E553 health practice in Portage County, Ohio. A Marie Kujawa who make this nation great. I do the job of growing the economy and will re- clinical psychologist with expertise in both extend to her my congratulations as Madonna turn many times the small tax revenue fore- healthy psychology and geropsychology, Dr. University celebrates her inaugural activities gone by the federal government. Hartman-Stein has taught psychological as- on April 20, 2002. The District of Columbia Tax Incentives Im- pects of healthcare to internal medicine resi- f provement Act of 2002 that I introduce today dents at Akron General Medical Center. Cur- has six important components: first and most rently, she is an Adjunct Instructor at the Kent INTRODUCTION OF THE DISTRICT important, treatment of the entire District of State University College of Nursing, a Senior OF COLUMBIA TAX INCENTIVES Columbia as an enterprise zone, to spread to Fellow at The Institute for Life Span Develop- IMPROVEMENT ACT OF 2002 all neighborhoods and businesses tax incen- ment and Gerontology at the University of tives that have brought substantial benefits to Akron, and an on-line instructor for the Field- HON. ELEANOR HOLMES NORTON many communities but with the unintended ef- ing Institute. OF THE DISTRICT OF COLUMBIA fect of affording an unfair and arbitrary advan- For almost 20 years, Dr. Hartman-Stein has IN THE HOUSE OF REPRESENTATIVES tage to some businesses and neighborhoods over their competitors; (2) assuring that the helped individuals and families cope with the Wednesday, April 17, 2002 stress associated with caregiving and deci- tax benefits do not expire before their job is sion-making for older adults. Her work regard- Ms. NORTON. Mr. Speaker, today, during done by extending these D.C.-only federal en- ing assessment and therapy of older adults Tax Week in the Congress, I am introducing terprise zone benefits, to match other jurisdic- has been featured in many professional publi- the District of Columbia Tax Incentives Im- tions with similar benefits; (3) improvements to cations, including her 1998 edited book, Inno- provement Act of 2002. The legislation builds capital gains provisions, including zero capital vative Behavioral Healthcare for Older Adults: on and adds to federal tax incentives I first gains taxation for businesses holding intangi- A Guidebook for Changing Times. For the pressed through Congress in 1997 in order to bles; (4) making the $5000 homebuyer credit permanent, to ensure continuation of the tax past three years, she has been a regular col- help produce market-based residential and incentive that is largely responsible for new umnist on public policy affecting older adults business stability and growth. I believe the bill homebuyers and for maintaining and attracting for the newspaper, The National Psychologist. has a good chance of passage. This bill is taxpayers to the city, and that is critical to She is considered a national expert in issues necessary to assure even the sustained sta- helping the District achieve the 100,000 new relating to Medicare and mental health. bility, let alone real economic growth, that still eludes the District economy and the city gov- residents necessary to sustain its stability; (5) Dr. Hartman-Stein received her doctorate releasing tax exempt bonds from the private from Kent State University and Master’s de- ernment. The bill is essential if the District is to become more economically diverse so that activity bond limit in order to lift the constraints gree from West Virginia University in Clinical of a valuable tool for attracting businesses to Psychology. In addition, she received training it is not overly dependent on just two sec- tors—tourism and federal offices. This federal build here; and (6) enacting triple tax exemp- through the Geriatric Clinician Development tion for D.C. securities, to put the District on program at Case Western Reserve University. tax package gives the city the tools it needs to begin to produce a self-sufficient economy. par with the territories who do not pay taxes f After the financial collapse of the 1990s, and on their securities. CONGRATULATIONS TO SISTER after the sunset of the control board last year, 1. DISTRICT OF COLUMBIA CITY-WIDE ENTERPRISE ROSE MARIE KUJAWA Congress has an obligation to help the city do ZONE Several extraordinarily valuable enterprise what is necessary to increase its own residen- zone tax benefits constitute the major financial tial and commercial economic output and inde- HON. JOE KNOLLENBERG tools that have been used for business revival pendence. OF MICHIGAN and new commercial and office construction in The city does not have that capacity today. IN THE HOUSE OF REPRESENTATIVES the city. Among the most successful have Ominously, the District lacks the essential been the wage tax credit allowing an employer Wednesday, April 17, 2002 safety valve of other large cities—a state to a 20% credit for the first $15,000 ($3000) of Mr. KNOLLENBERG. Mr. Speaker, I would fall back on in times of economic downturn an employee’s income if that employee is a like to take this opportunity to congratulate and distress. The economic forecasters agree D.C. resident. This credit not only helps attract Sister Rose Marie Kujawa as she is inaugu- that because of congressionally imposed im- and retain businesses, it also helps to correct pediments to collecting the natural revenue rated as Madonna University’s sixth president. the severe imbalance that allows two-thirds of available to states, including the inability to I would also like to thank her for her extraor- the jobs in the city to go to commuters. An- levy a tax on commuters, no matter how much dinary contributions to Madonna. For over other tax benefit, the elimination of capital twenty years, Sister Rose Marie has served the District reduces spending, expenditures gains altogether, is expanding and creating Madonna, and every person with whom she will continue to grow faster than revenues for businesses in many city neighborhoods and has worked is eternally grateful for all she has the foreseeable future. This trend places the downtown. A third tax incentive, tax exemption accomplished. District on a collision course, at worse to insol- for up to $15 million in bonds, is fueling much On July 1, 001, Sister Rose Marie became vency, at best to instability, if the Congress of the city’s construction boom, and construc- Madonna’s sixth president. Sister Rose Marie does not assist the District with economic tion alone accounts for the major portion of began her tenure with Madonna in 1975, orga- tools to help the city capture its own, natural, the increased economic output of the District nizing and teaching the first computer courses steady revenue stream in the marketplace. today. to be offered at the university. Later on, as an The surpluses that brightened the city’s hopes However, because the District is small and academic dean, Sister Rose Marie organized are trending toward a decline: $185 million compact, multiple enterprise zones have had Madonna’s first graduate program. During her surplus in 1997 to a $77.6 million in 2001. Be- unintended, discriminatory effects. High in- term as academic vice president, the size of cause of congressional constraints on the abil- come university students with little personal in- the faculty and the percentage of faculty mem- ity of the District to collect revenue, the District come have brought Georgetown and Foggy bers holding doctorates doubled. Further, the faces an annual structural deficit of $400 mil- Bottom businesses within the zone, but some faculty teaching load was brought in line with lion, a figure projected to rise every year. The businesses in struggling areas of Ward 5 do national standards during Sister Rose Marie’s city’s unemployment rate is 6.9% compared not qualify. The Willard Hotel can get $3,000 tenure as academic vice president. with 4.5% in Maryland and 4.1% in Virginia. off the first $15,000 it pays any employee, but Mr. Speaker, it is clear Sister Rose Marie is This picture resembles other large cities in the competitors such as the Hay Adams and the a woman of great dedication to Madonna Uni- United States. However, none of these cities Washington Hilton, cannot. The Hay Adams, versity. In addition to her outstanding service survives on city-generated revenues alone, one of D.C.’s oldest and most distinguished to Madonna, Sister Rose Marie is dedicated to nor could it do so. State assistance is nec- hotels recently completed renovation of its fa- improving the lives of others. She has served essary not only to meet current expenses, but cilities and helped return tourists to D.C. with- on the boards of a seminary, social services also to make up for sharply diminished tax out the benefit of the $15 million tax exempt agencies, nursing homes, retreat centers, a bases in every other major American city. bonds because it is not in the zone. These hospice and a hospital. Additionally, she was Fortunately, the federal tax credit incentive new provisions would eliminate an unearned elected to the leadership team of the Felician approach already approved by Congress is advantage that forces competition among our Sisters of the Livonia Province. having extraordinary success in promoting already depleted pool of businesses instead of And so, Mr. Speaker, I submit this tribute to economic growth here. My bill will improve between those in and outside of the District. be included in the archives of the history of upon D.C.-only tax credits that leverage the The solution is to designate the District of our country. It is women like Sister Rose private sector rather than the government to Columbia itself an enterprise zone. Only this

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.017 pfrm02 PsN: E17PT1 E554 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2002 solution will erase indefensible distinctions that terprise zone law, elimination of taxes on cap- tivity Bond Limit or PAB. The PAB is the tear neighborhoods apart and help some D.C. ital gains (such as increases in the value of in- state’s annual authorized limit for total tax-ex- businesses, neighborhoods and residents over vestments in stock or property), does not empt bonds projects. Currently, that limit is others that are similarly situated. apply to earnings to D.C. companies and en- $150 million per year in the District. The fail- We are simply asking the Congress to do trepreneurs whose assets consist substantially ure to apply this exclusion to the District for the business tax breaks what it has already of so-called ‘‘intangible’’ assets (those assets places the city at a competitive disadvantage done for the Homebuyer credit: make it avail- which do not have a physical substance). The with the states, particularly with respect to able in all parts of the city. The $5,000 Home- most common types of businesses that deal housing and retail projects. My bill levels the buyer Tax Credit has always been citywide, principally in intangibles are information-based playing field and exempts the District from the and the success of its citywide approach technology companies, including those that $150 million limit, as well as from the $15 mil- shows that effective tax breaks can and develop software or maintain Internet sites. lion per project limit, to give the District the should be used to encourage the economy Recently, the Internal Revenue Service ruled tools to attract economic development projects throughout the city. that businesses in the District holding intangi- to the city. 2. EXTENDING THE LIFEOFTHED.C. ENTERPRISE ZONE bles could not receive the zero percent capital 6. TRIPLE TAX EXEMPTION FOR DISTRICT SECURITIES BENEFITS gains taxation allowed in many neighborhoods Generally, local jurisdictions that issue secu- Currently, the District of Columbia Enter- in the D.C. enterprise zone. My bill allows rities, such as bonds and notes, are subjected prise Zone Benefits (including the $3,000 technology and other companies to receive to three different levels of taxation—federal, wage credit, zero percent capital gains tax- the special capital gains treatment subject to state, and local. Unlike these jurisdictions, the ation, tax exempt bonds) expire at the end of appropriate safeguards to ensure that D.C. is District is the only local government in the 2003. Last Congress, other jurisdictions which not used by such companies as a tax haven. continental United States that does not have a enjoy similar tax incentives, had their benefits My bill also makes other important improve- state to assist it in supporting basic goverment extended until 2009. The Tax Incentives Im- ments to the capital gains provisions in the functions and services. Although Puerto Rico, provement Act would extend the life of the D.C. enterprise zone law, including reducing the Virgin Islands, and American Samoa do D.C. Enterprise Zone Benefits to 2009 to the holding period for assets from five years to not have state support either, they have been match those of other states. two years to help spur investment and growth granted an exemption of federal, state, and Since 1997, the economic impact of these and reducing the amount of business that local taxes (or triple tax exemption) on their valuable tax incentives have been felt across must be derived from the zone to receive the securities (bonds and notes issued by the the city, and the evidence of their clear suc- special capital gains treatment. Currently, Dis- Council) to help make up for this deficiency. cess has enabled me to renew these benefits trict businesses must derive 80% of their busi- My bill ends the District’s inequitable treatment several times. The evidence is now so con- ness from the enterprise zone while other ju- and exempts District securities, like those in vincing that I am seeking not only to renew risdictions only have to derive 50%. My bill the territories without state aid, from federal, but to enhance and improve the benefits. In corrects this inequity. state, and local taxation. return for hiring D.C. residents, local busi- 4. MAKING THE DISTRICT OF COLUMBIA A PERMANENT f nesses have claimed hundreds of thousands $5,000 HOMEBUYER CREDIT JURISDICTION of dollars in $3,000 employment tax credits This provision would make permanent the PENSION SECURITY ACT OF 2002 which has resulted in the hiring of D.C. resi- $5,000 Homebuyer Credit, perhaps the most dents as required to receive any tax breaks. successful economic stimulus in the city’s his- SPEECH OF Representative D.C. businesses that have tory. It is chiefly responsible for stemming the HON. TOM UDALL claimed wage credits include hotels and res- flight that almost destroyed the city’s tax base OF NEW MEXICO taurants, retailers (such as Safeway Foods, during the 1980s and during the financial crisis IN THE HOUSE OF REPRESENTATIVES CVS Drugs, and Subway Restaurants), of- and insolvency of the 1990s. The credit offers Thursday, April 11, 2002 fices, janitorial and maintenance services, significant evidence that a tightly targeted tax parking facilities, and telephone, electric, and incentive can have a major turnaround effect Mr. UDALL of New Mexico. Mr. Speaker, I gas utilities. Although the Internal Revenue on a major problem confronting a city. rise today in opposition to H.R. 3762, the so- Service does not have a mechanism that cap- The credit has been so successful that we called Pension Security Act of 2002. As we all tures the amount of wage credits claimed, have recommended that states do the same learned as a result of the monumental col- there are thousands of representative exam- for the many large cities that are rapidly losing lapse of Enron, our pension system needs to ples throughout the city: an accounting firm taxpayers. In 1998, its first full year, despite be fixed to ensure that Americans’ retirement with 15 District clients that documented claims the city’s financial problems and damaged rep- savings are protected. of $1.9 million over three years; a D.C. manu- utation, the credit made the District first in This bill brought before us today, however, facturer that claimed tax credits of $400,000 home sales increases in the United States. does not ensure this protection. What it does over the same period; a partnership that owns According to an independent study by the ensure is political cover for the majority so a D.C. hotel that claimed credits of more than Greater Washington Research Center cov- they appear to be protecting people’s retire- $500,000 each year since 1998; and one of ering a portion of 1997 and all of 1998, 70% ment savings while not creating friction with the District’s largest hotel operators, for tax of D.C. homebuyers have used the credit, and their corporate allies. year 2001, will claim employment tax credits 51% purchased homes because of the credit. H.R. 3762 doesn’t really solve the problems of more than $1.7 million. In 1999 alone, single family home sales have we witnessed last year from the Enron deba- In addition, more than $150 million in tax risen in the District by over 10,000 homes. cle. The majority’s bill still restricts employees exempt bonds have been issued on behalf of Fannie Mae has converted the $5,000 credit from selling existing company stock in their new and expanding for-profit businesses, in- into up-front money towards the purchase of a pension accounts during the five-year phase- cluding such neighborhood retail businesses home, affording the credit significantly greater in, and requires them to hang on to employer as K–Mart and CVS Drugs; tourist destinations value to the individual. stock for three years after it is contributed. such as the new International Spy Museum; The $5,000 homebuyer credit proved itself While employees are restricted during this commercial parking facilities, and social serv- so quickly and so well that I have been able time, however, company executives would still ice providers such as the United Planning Or- to get it repeatedly extended by Congress. be free to trade their own stock as they ganization. Specific amounts include: $11.3 The credit is minimally necessary if the city is wished. million in tax exempt bonds for the Arnold and to have any chance of increasing its still small The substitute bill, which I support, has no Porter law firm; $13 million for a subsidiary of and depleted tax base, an urgent necessity for such five-year phase-in and allows employees Pepco; $9 million for the Crowell and Moring self-sufficiency. The credit has proved itself so to sell employer stock immediately, once they law firm; and $4.5 million for the American Im- definitively that to get the full effect, it should have been in the plan for three years. The migration Lawyers Association. The current be enacted permanently. substitute also ensures that employees will pipeline consists of projects valued at over 5. EXEMPT ENTERPRISE ZONE BONDS FROM PRIVATE know, within three days, when executives are $150 million. ACTIVITY BOND LIMIT dumping large amounts of their company 3. IMPROVEMENTS TO CAPITAL GAINS PROVISION Under legislation recently enacted by the stock. Ken Lay used loopholes in securities The District seeks the high technology and Congress, Enterprise Zone bonds issued to fi- laws to delay disclosure of sales of millions of computer companies that have made the rest nance commercial development projects in dollars of company stock. Had employees of the region rich and that can help diversify Empowerment Zones and Renewal Commu- known about these sales, they may have de- the city’s economy. Under current federal en- nities are exempt from the federal Private Ac- cided not to continue to purchase Enron stock.

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.021 pfrm02 PsN: E17PT1 April 17, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E555 The substitute ensures that such information enemy lines. In December 2001, he was quality cancer care to those patients and their could not be kept from employees. Also, the placed on active duty to serve in Operation families in the State. substitute holds executives accountable for Noble Eagle. In particular, I would like to acknowledge selling company stock in their special pension Sergeant Daniel Romero is survived by his nine special oncology nurses from my district accounts by including stiff new criminal pen- wife Stephanie, mother Geralyn, father Mi- who will be in Washington this week to partici- alties for violations. chael, and sisters Gabrielle and Stephanie. I pate in the ONS Annual Congress and the H.R. 3762 also allows companies to offer am sure I speak for this entire Nation when I ONS inaugural Hill Day—Glenda Alexander, workers investment advice, even if there is a say our thoughts and prayers go out to the Laura Espinosa, Visitacion Junpratepchai, clear conflict of interest. For example, an in- Romero family. May God send His grace upon Sherry Preston, and Ellen Siegel from Hous- vestment management company could serve them during the time of this tragic loss, and ton, Vickie Dockery from Alief, Cynthia Segal as both the investment advisor and the plan may Daniel’s bravery and selflessness be- and Paula Rieger from Bellaire, and Susan manager chosen by the company. come the proud example for all those actively Stary from Pasadena. I am looking forward to I urge my colleagues to oppose H.R. 3672, serving in America’s War Against Terrorism. meeting with these outstanding women who support the substitute, and help protect the f have dedicated their lives to improving the savings of hard-working Americans. The Pen- health and well being of people affected by sion Security Act of 2002 is nothing more than HONORING ONCOLOGY NURSES cancer. On behalf of all the people with cancer lip service to protecting pensions. 15,000 AND THE ONCOLOGY NURSING and their families in Texas’ 25th Congres- Enron employees lost more than $1.3 billion. SOCIETY sional District, I thank these nurses as well as Clearly this calls for Congress to provide real all of their colleagues in the Oncology Nursing security and real pension protection and re- HON. KEN BENTSEN Society for their outstanding contributions to form of the system that allowed Enron officials OF TEXAS the provision of quality cancer care to those in to pull the sheets over the eyes of their em- IN THE HOUSE OF REPRESENTATIVES need. ployees. That is what the Rangel/Miller sub- Wednesday, April 17, 2002 I would like to also acknowledge Paula stitute does and that is the bill I will support. Rieger for her leadership within the Oncology Thank you. Mr. BENTSEN. Mr. Speaker, I rise today to Nursing Society. For the past 2 years, Paula bring to the attention of my colleagues the im- f has served as the ONS President of the Board portant and essential role that oncology of Directors and has been an outstanding PERSONAL EXPLANATION nurses play in the provision of quality cancer leader and spokesperson for the organization. care. These nurses are principally involved in I have had the pleasure of working with ONS HON. BOB CLEMENT the administration and monitoring of chemo- and Ms. Rieger over the past few years to ad- OF TENNESSEE therapy and the associated side-effects pa- vance programs and policies that work to re- tients may experience. As anyone ever treated IN THE HOUSE OF REPRESENTATIVES duce suffering from cancer. Her leadership for cancer will tell you, oncology nurses are in- and vision for ONS have resulted in the orga- Wednesday, April 17, 2002 telligent, well-trained, highly skilled, kind-heart- nization being more aggressive and effective Mr. CLEMENT. Mr. Speaker, on roll call no. ed angels who provide quality clinical, psycho- in its health policy efforts. In addition, through 94, H.R. 4156, had I been present, I would social, and supportive care to patients and her commitment to outreach and collaboration, have voted ‘‘yea.’’ their families. In short, they are integral to our ONS has expanded and strengthened its part- f Nation’s cancer care delivery system. nerships with other health professional, pa- The setting for cancer treatment has tient, and advocacy organizations. This week TRIBUTE TO SERGEANT 1ST CLASS changed over the last 10 years. Today, more Ms. Rieger is stepping down from the ONS DANIEL AARON ROMERO than four out of five cancer encounters occur Board of Directors. I thank her for her commit- in community settings, where the majority of ment to ONS, for advancing oncology nursing, HON. BOB SCHAFFER cancer care is provided by oncology nurses. and for caring for the people of the greater OF COLORADO However, Medicare does not adequately reim- Houston area. IN THE HOUSE OF REPRESENTATIVES burse the administration of chemotherapy by Mr. Speaker, I would like to commend the oncology nurses, which are referred to as Wednesday, April 17, 2002 Oncology Nursing Society for all of its efforts practice expenses. Last September, the Gen- and leadership over the last 27 years and Mr. SCHAFFER. Mr. Speaker, it is with a eral Accounting Office released a study indi- thank the Society and its members for their heavy heart and a tremendous amount of re- cating that Medicare’s drug reimbursement ongoing commitment to improving and assur- spect and admiration that I rise today to honor system, based upon the Average Wholesale ing access to quality cancer care for all cancer the tragic, yet heroic death of Colorado Army Price (AWP), is severely flawed and drug pay- patients and their families. I urge all of my col- National Guard Sergeant 1st Class, Daniel ments are inflated. While I strongly support the leagues to support them in their important en- Aaron Romero. On April 15, 2002, near efforts to reform the AWP system and ensure deavors. Qandahar, Afghanistan, Sergeant Romero that Medicare does not overpay for any sup- f gave his life for his country, while fighting the plies, I also believe that Medicare should not battle against the evils of terrorism during Op- underpay for any benefits or services. TRIBUTE TO COLONEL MICHEAL J. eration Noble Eagle. Upon reflection of his life Today, more than two-thirds of cancer COLEMAN and service to this nation, we have come to cases strike people over the age of 65 and the know Sergeant Daniel Romero as a man who number of cancer cases diagnosed among HON. ROBERT E. (BUD) CRAMER, JR. loved his family, loved his home State of Colo- senior citizens is projected to double by 2030. OF ALABAMA rado, and loved his country. At the same time, many of the community- IN THE HOUSE OF REPRESENTATIVES Born in Longmont, CO, Daniel was the only based cancer centers are facing significant son of proud parents, Michael and Geralyn barriers in hiring the specialized oncology Wednesday, April 17, 2002 Romero. While earning his living as a Colo- nurses they need to treat cancer patients. It is Mr. CRAMER. Mr. Speaker, I rise today to rado rancher, Daniel decided to concurrently estimated that there will be 115,000 nursing recognize the contributions of Colonel Micheal serve with the Colorado Army National Guard positions open in the year 2015. J. Coleman to the U.S. Army. I join his family, in 1991. The Oncology Nursing Society (ONS) is the friends, and colleagues as they celebrate his Sergeant Romero rose through the ranks of largest organization of oncology health profes- accomplishments and congratulate him on his the Colorado Army National Guard, receiving sionals in the world with more than 30,000 retirement from 27 years of service in the U.S. the Army Service Ribbon, Non-Commissioned registered nurses and other health care pro- Army. Officers Ribbon, National Defense Service fessionals. Since 1975, the Oncology Nursing Colonel Coleman is a native of Montgomery, Medal, and the Colorado Service Ribbon with Society has been dedicated to excellence in AL, and earned a bachelor of science degree device. Eventually, Sergeant Romero became patient care, teaching, research, administration in Business Administration in December 1975 a member of the select B/5–19th Special and education in the field of oncology. Of the from Alabama A&M University. Immediately Forces Group, headquartered in Pueblo, CO. 13 ONS chapters in the State of Texas, one after graduation, he was commissioned as a This elite group of soldiers is known for para- is located in the Houston area. These chap- Second Lieutenant in the Adjutant General chuting at high altitudes, rappelling from heli- ters serve the oncology nurses in the state Corps and entered active duty on January 6, copters face first, and furtively permeating and help them to continue to provide high 1976, thus beginning his long and successful

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.025 pfrm02 PsN: E17PT1 E556 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2002 career with the U.S. Army. Since that time, or effective if it was not for the leadership of of Greater New York and Vicinity. Ed Walsh Colonel Coleman has served in various capac- Michael Forde. started his career with the Iron Workers in ities in Stuttgart, Germany; Raleigh, NC; Izmir, Mr. Speaker, I have known Michael Forde 1968 working as an apprentice for three years. Turkey; Alexandria, VA; Washington, DC; and for many years. He was born in the Bronx, He became a journeyman Ironworker union at Redstone Arsenal in Huntsville, AL. He moved to Woodside, Queens, in my congres- member in 1971. Through three decades he achieved a masters of arts degree from Web- sional district where he graduated from Christi moved up the ranks until becoming the Busi- ster University as well as graduated from High School in Astoria. He received his B.A. in ness Manager of Local 40 in 1995. In March many other distinguished military educational Business Administration from Hunter College. 2002, Ed was appointed as General Organizer programs. On March 28, 2002, he will retire Mike started in the carpentry field as an ap- for the International and became President of from his position as the Director of Personnel prentice during the construction of the World the Iron Workers District Council of Greater and Training for the U.S. Army Aviation and Trade Center in the early 1970s. Through hard New York and Vicinity, an affiliate of the Inter- Missile Command at Redstone Arsenal. I work, dedication to his craft, exceptional lead- national Association of Bridge, Structural, Or- know the people of Redstone Arsenal will miss ership skills and a strong commitment to his namental and Reinforcing Iron Workers. his outstanding leadership, but wish him a fellow union brothers and sisters, he rose Ed resides in Mamaroneck, New York with well-deserved retirement. through the ranks to become a foreman, gen- his wife Kathy. He has two sons, Christopher Colonel Coleman has earned a great deal of eral foreman, shop steward, president and and Kevin. Kevin has decided to follow his fa- respect from his colleagues, receiving several business manager of Local 608 and ultimately ther’s footsteps and is currently an apprentice military awards throughout his career. His to his present position. with Iron Workers Local 40. Ed Walsh comes awards include the Legion of Merit, the De- Mr. Speaker, Michael Forde is just one from a union tradition. His father and brothers fense Meritorious Service Medal Second Oak among many. I rise today not only to pay trib- John and Bob are union ironworkers, his Leaf Cluster, Meritorious Service Medal Fourth ute to him and to recognize his work to help brother Jim is a retired union carpenter, and Oak Leaf Cluster, the Army Commendation rebuild Lower Manhattan and Ground Zero, his brother is a retired New York City Police Medal Third Oak Leaf Cluster, the Joint Serv- but I rise to recognize all the men and women Officer. ice Achievement Medal, the National Defense of the New York City District Council of Car- Bob Ledwith serves as Business Manager Ribbon, the Army Staff Identification Badge, penters. These men and women have showed and Financial Secretary-Treasurer of the Me- the Army Parachute Badge, and the Army Su- exceptional dedication, fulfilling the task at tallic Lathers Union and Reinforcing Iron perior Unit Badge. hand and they will play a critical role in the Workers Local 46. Bob Ledwith was elected This is a deserved retirement for someone tasks of the future rebuilding Lower Manhattan as Business Agent for the Metallic Lathers who has worked so diligently for the United and Ground Zero. Union and Reinforcing Iron Workers Local 46 States to protect our freedom and defend our Mr. Speaker, I rise today to insure that we in June 1981. He was elected Business Man- nation. I join his wife, Carolyn, his sons PJ as a Congress recognize the work the New ager and Financial Secretary-Treasurer in and Casey, and all of his friends, family, and York District Council of Carpenters did and the 1999 and continues to serve in that capacity colleagues in celebrating Colonel Micheal J. work they continue to do to rebuild Lower today. Coleman’s 27 years of service. On behalf of Manhattan. Through the haze and the numbness the U.S. House of Representatives, I con- f caused by September 11th, something was gratulate Colonel Coleman and express my IN RECOGNITION OF THE CON- shining through. The American Spirit. The men gratitude for a job well done. TRIBUTION OF THE IRON WORK- and women of the Iron Workers are the em- f ERS TO THE RECOVERY OF NEW bodiment of that Spirit. It gave us all a sense of hope and a sense of pride. HONORING MICHAEL FORDE AND YORK f THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS HON. ELIOT L. ENGEL LEHIGH VALLEY HERO—HANOVER OF NEW YORK ELEMENTARY SCHOOL HON. JOSEPH CROWLEY IN THE HOUSE OF REPRESENTATIVES OF NEW YORK Wednesday, April 17, 2002 HON. PATRICK J. TOOMEY IN THE HOUSE OF REPRESENTATIVES Mr. ENGEL. Mr. Speaker, for every Amer- OF PENNSYLVANIA Wednesday, April 17, 2002 ican, September 11th, 2001 means one thing. IN THE HOUSE OF REPRESENTATIVES It is a day that we, as a Nation, suffered as Wednesday, April 17, 2002 Mr. CROWLEY. Mr. Speaker, I rise today to we had never before. As I watched the events pay tribute to Mr. Michael Forde, Executive of the day unfold from my home in the Bronx, Mr. TOOMEY. Mr. Speaker, today I would Secretary-Treasurer of the New York City Dis- like most, I thought of my family and their like to share my Report from Pennsylvania for trict Council of Carpenters and the over 300 safety. my colleagues and the American people. men and women who have dedicated every- Some others though, had thoughts of only All across Pennsylvania’s 15th Congres- day, 24 hours a day, to the clean up effort at one thing—how can I help. Hundreds of fire- sional District there are some amazing people the World Trade Center Site. fighters, police officers, and emergency med- who do good things to make our communities Mr. Speaker, Michael Forde is a leader in ical personnel and, yes, construction workers, a better place. These are individuals of all the New York City labor community as the went running to what was left of the Twin ages who truly make a difference and help Secretary-Treasurer of the largest Carpenters Towers to try and save lives. We should all others. I like to call these individuals Lehigh Union in the Country representing over 25,000 feel proud of the many men and women who Valley Heroes for their good deeds and ef- members. went to Ground Zero, such as the Iron Work- forts. On September 11, the District Council under ers. Today, I would like to recognize the fifth the leadership of Michael Forde, wasted no In fact, it was Iron Workers who had one of graders and teachers at Hanover Elementary time in being some of the first men and the toughest jobs. These men and women School in Bethlehem. These students and women outside of rescue workers and public were charged with sifting through that night- teachers are true examples of excellence in safety officers to be on the scene of Ground mare and they did so with great dignity and education. Zero. During the first days after the destruction compassion for those who lost their lives and This year, Hanover Elementary, for the sec- of the Trade Center, union carpenters worked their families. As I have watched this amazing ond year in a row had the highest PSSA around the clock helping to clear debris, insur- transformation, I have swelled with pride, for I scores in all of Pennsylvania. The 69 students ing the structural safety of the area for rescue have a special place in my heart for these scored 1630 in math and 1570 in reading, well workers and engaging in the search them- men and women who are Iron Workers, be- above the state average of 1310 in both selves for survivors of the attack. cause so was my father. areas. The students outscored 3,800 public As a union based in Lower Manhattan, the Today, I have the honor of recognizing two and private elementary schools across the District Council of Carpenters has a long and great trade union leaders, Ed Walsh and Rob- state! strong history of working to make New York ert Ledwith, Both of these men have dedicated I recently had the opportunity to attend a re- City the financial capital that it is today. their lives to their families, their communities, ception in honor of these students and teach- The quick, untiring and heroic response of and their unions. ers, and offer my congratulations. The teach- the men and women of the District Council of Just last month, Ed Walsh became the ers deserve much credit for their hard work Carpenters would not have been as extensive President of the Iron Workers District Council and dedication. They obviously inspired their

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.031 pfrm02 PsN: E17PT1 April 17, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E557 students to want to achieve academically. happened to employee retirement savings dur- ers, like myself, were Christian. These same They have shown that when we raise aca- ing blackout periods. Companies would have people participated the weekend before at a demic standards, we raise academic perform- also been required to provide 30-day advance rally in New York City. They also traveled with ance. notice of a blackout period. over 100,000 other Americans to the Capitol These teachers who make a difference ev- Mr. Speaker, I believe Congress has a re- on Monday for a national rally. Regardless of eryday and students who excelled way beyond sponsibility to fully protect workers and give their religion, they are standing up for their be- expectations are Lehigh Valley Heroes in my them the ability to enhance their retirement liefs. book. They are as follow: Carol Leasure, Prin- savings. Enron workers may well be the vic- Terrorism must be destroyed. Not only here, cipal; Earl Bethel, 5th grade teacher; Patrice tims of criminal wrongdoing, but they were but in Israel, and in many other countries. The Masluk Schwartzman, 5th grade teacher; and definitely the victims of outdated federal pen- US firmly believes in this, and I know Israel Amanda Shuler, 5th grade teacher. sions laws. Let’s prevent this from happening will continue to enjoy broad support as she Students are: Sophia Abud, Erin Albertson, again. Pass the Pension Security Act. eliminates terrorist threats from her borders. Matthew Ammon, Darren Ankrom, Philip f Israel will always have a friend and ally in the Antonis, Amal Atiyeh, Peter Badger, Monica US government. YOM HA’ATZMAUT Bates, Rachel Bochner, Jaimie Boyd, Lauren f Burlew, Christopher Cann, Andrew Cass, Rakesh Chauhan, Dilesh Chudasama, Nich- HON. CAROLYN McCARTHY TRIBUTE TO MR. DENNIS MAYS olas D’Angelo, Brittany Dellatore, Gregory OF NEW YORK DeSarro, Owen Divers, Lance Dolci, Roberta IN THE HOUSE OF REPRESENTATIVES HON. SAM GRAVES OF MISSOURI Domyan, Caitlin Donnelly, Brittney Dunnigan, Wednesday, April 17, 2002 Austin Emmons, Donnarae Farrell, Luke IN THE HOUSE OF REPRESENTATIVES Foley, Shawn Forouraghi, Maria Gentis, Erin Mrs. MCCARTHY of New York. Mr. Speak- Wednesday, April 17, 2002 er, I rise in celebration of Israel’s Independ- Glenn, Alexander Haller, Benjamin Haskins, Mr. GRAVES. Mr. Speaker, I rise today to Andrew Hero, John Hrubenak, Christie Jones, ence Day. Fifty-four years as the sole democ- racy in the Middle East is a huge accomplish- acknowledge the impeccable motor carrier Kayleigh Kalamar, Patrice Kane, Ryan Kassis, safety record of Mr. Dennis Mays of Blue Carl Kolepp, Nicole Kyriakopoulos, Gregory ment. As a member of Congress, and a friend of Israel, I know that she will have 54 more, Springs, Missouri. Mr. Mays is a professional Laudenslager, Alaina Loguidice, Kyle motor carrier operator for Roadway Express, Longemecker, John Lule, Kevin McCarthy, and counting! This is only a beginning. Israel has faced many tough times since Inc. Drew Mihalik, Brian Miller, Mark Moyer, Brad- According to the most recent information ley Pendzick, Gregory Pendzick, Lauren Perl- 1948, like the one now. Over the past 18 months, Israel has continued to battle hatred from the Federal Motor Carrier Safety Admin- man, Matthew Piazza, Ashley Plummer, Alex- istration, large trucks drove 7 percent of all ve- ander Pypiuk, Jason Ricles, Kayleigh Rider, on a daily basis. This hatred is terrorism. It is murder. Israel has every right to defend her- hicle miles traveled. In motor vehicle crashes, Daniel Rivera, Ethan Saravitz, Robert Sawyer, large trucks represented 9 percent of vehicles Matthew Searfoss, Emilie Segretto, Mark self against terrorism. When innocent civilians are murdered, over and over again, Israel has in fatal crashes, 3 percent of vehicles in injury Segretto, Paul Segretto, Jared Serman, Chris- crashes, and 5 percent of vehicles in proper- topher Smith, Robert Stauffer, Abigail Tercha, no choice but to take action. I don’t think it is unreasonable for Israel to ty-damage-only crashes. Emilye Turner, Steven Walsh, and Rebecca Mr. Mays reached a safety milestone when root out terrorists. I think it’s natural, and ex- Yaple. he recently surpassed one million miles driven pected, and it must be done just like Amer- Mr. Speaker, this concludes my Report from without a preventable accident. This out- ica’s efforts in Afghanistan. But for the past Pennsylvania. standing achievement, obtained by few driv- couple of weeks, Israel has been criticized by f ers, demonstrates Mr. Mays’ commitment to many for her military action against terrorism, safety. To put this accomplishment in perspec- PENSION SECURITY ACT OF 2002 and lack of compassion for Palestinians. But tive, the average car driver would have to trav- what other choice does Israel have? SPEECH OF Is Israel supposed to wave suicide bombers el around the world forty times to equal this through the checkpoints, allow wanted terror- milestone. HON. TODD TIAHRT Mr. Speaker, please join me in congratu- ists to go without arrest? Are we to expect OF KANSAS lating Mr. Dennis Mays for reaching this note- Israel to sit by and watch her country crumble, IN THE HOUSE OF REPRESENTATIVES worthy milestone. I am proud to have a con- and her people be murdered in groups of 20 stituent as dedicated to highway safety as he Thursday, April 11, 2002 while they sip coffee at cafes? No. is, and I wish him continued safe driving in the Mr. TIAHRT. Mr. Speaker, I rise in strong I firmly believe that difficult decisions will be future. support of H.R. 3762, the Pension Security made in order to achieve a permanent peace. Act of 2002. This legislation is not only a step I also think one of the decisions was Israel’s f in addressing areas such as blackout periods resistance to international pressure to end the PENSION SECURITY ACT OF 2002 and diversification in retirement accounts, it is military operation. Israel entered towns in the an important step towards giving workers West Bank with a plan: to root out terrorism. SPEECH OF throughout my state of Kansas, and the rest of Obviously, there was an exit strategy to be HON. MICHAEL G. OXLEY America, the peace of mind and security they used once the terrorists were caught. OF OHIO deserve when planning for retirement. Recently, Israel announced her upcoming IN THE HOUSE OF REPRESENTATIVES This bill, based on the President’s pension withdrawal from almost all of the towns she reform proposal, contains new safeguards and entered. I commend Israel’s decision to with- Thursday, April 11, 2002 options to help workers preserve and enhance draw only after the operation is complete. So Mr. OXLEY. Mr. Speaker, I rise today in their retirement security, and demands greater does the upcoming withdrawal of troops bring strong support of H.R. 3762. This important accountability from companies and senior cor- Israel back to where she was? Can we expect legislation makes significant improvements in porate executives during so-called ‘‘blackout Israel to compromise should daily suicide protecting the retirement accounts of Amer- periods’’ when workers are not allowed to bombings begin again? No. ica’s working men and women. H.R. 3762 make changes to investments in their retire- Terrorism is not something you can com- takes a sensible approach in ensuring that ment accounts. promise with, it is not something to reward. employees have the best access to their re- The Pension Security Act would have made What I know is this. Israel will survive this cri- tirement accounts possible, and are able to a real difference in the lives of thousands of sis. Israel will continue to do what is nec- make informed investment decisions in those Enron employees and investors if these meas- essary to rid the country of terrorists. If ter- accounts. ures had existed at the time of the company’s rorist attacks end, military action will end, and In particular, I’d like to congratulate the collapse. For example, under this bill, diver- more difficult decisions in the name of peace sponsors of this legislation for a provision in sification and sound investment advice would will be made. What those decision are, I can’t the bill dealing with restricting insiders from have been readily available because invest- tell you. No one can. selling their shares during periods when their ment advisors would have been made more But last Sunday, I joined 3,000 of my con- employees don’t have the same freedom. accessible and employers would have been stituents in a pro-Israel rally on Long Island. When the facts of the Enron bankruptcy be- forced to take responsibility for anything that Many of those constituents were Jewish; oth- came known, all of us were horrified to learn

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.034 pfrm02 PsN: E17PT1 E558 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2002 that at the same time Enron’s hard working COMMITTEE ON EDUCATION AND THE nett and the late Michigan State Rep. Dominic employees were helplessly watching their re- WORKFORCE, HOUSE OF REP- Jacobetti, himself a legend in Michigan politics tirement dreams disappear, Enron insiders RESENTATIVES, and state government. Ralph also traveled to Washington, DC, April 9, 2002. were reaping millions of dollars in profits from union conventions around the country and was Hon. MICHAEL G. OXLEY, selling their shares. Chairman, Committee on Financial Services, elected president of the Marquette Central No employee should be forced to sit idly by U.S. House of Representatives, Rayburn Labor Union in 1949. Ralph also served as while his or her retirement account plummets. HOB, Washington, DC. Marquette Township Constable. Although it is understood that at times these DEAR CHAIRMAN OXLEY: This letter is to During his employment with Cliff-Dow, accounts must be serviced in such a way that confirm our agreement regarding H.R. 3762, Ralph founded his own logging business and there must be temporary restrictions on trans- ‘‘Pension Security Act of 2002,’’ which was later got into brick supply with his sons. His actions, it is only fair that corporate insiders also referred to the Committee on Financial company’s contributions can be seen in many Services. The Committee on Education and face these same restrictions when these of the prominent buildings in Marquette Coun- lockdowns happen by surprise. the Workforce considered this bill on March 20, 2002. I thank you for working with me on ty, including most of the structures on the H.R. 3762 is primarily about giving employ- campus of Northern Michigan University. ees greater freedom in preparing for their re- Sec. 107, ‘‘Insider Trades During Pension Plan Suspension Periods Prohibited,’’ which Mr. Speaker, Ralph Bigger will be honored tirement. When this freedom is unexpectedly is within the sole jurisdiction of the Com- on Saturday, April 20, with his induction into taken away, corporate officers and directors mittee on Financial Services. the U.P. Labor Hall of Fame at a banquet at have a duty, indeed a moral obligation, to I appreciate your willingness to expedite the university. I ask you and my House col- share that burden. H.R. 3762’s provisions on consideration of H.R. 3672 without the need leagues to Join me in giving long-overdue rec- retirement account lockdowns are a sensible for further consideration by the Committee ognition to the efforts of this spokesman for way to ensure that insiders are held account- on Financial Services. I agree that this pro- the working men and women of northern able. cedural route should not be construed to Mr. Chairman, section 108 of the bill con- prejudice the jurisdictional interest and pre- Michigan. tains language which falls within the jurisdic- rogatives of the Committee on Financial f Services on these provisions or any other tion of the Committee on Financial Services. similar legislation and will not be considered FAMILY FARM AND RANCH Our own legislation, H.R. 3763, contains simi- as precedent for consideration of matters of INNOVATION ACT lar language. I am including for the record an jurisdictional interest to your Committee in exchange of letters between myself and the the future. other gentleman from Ohio, Mr. BOEHNER, in- Again, I thank you for your consideration HON. MARK UDALL dicating that we have no objection to the con- in this matter. Your letter and this response OF COLORADO sideration of this language in this bill. will be included in the Congressional Record IN THE HOUSE OF REPRESENTATIVES I congratulate Chairman BOEHNER, Chair- during floor debate on this bill. If you have questions regarding this matter, please do Wednesday, April 17, 2002 man THOMAS, Mr. PORTMAN, and all the Mem- not hesitate to call me. Mr. UDALL of Colorado. Mr. Speaker, today, bers who have worked so hard to protect Sincerely, I am introducing legislation to help ensure that America’s workers. I strongly urge my col- JOHN BOEHNER, our Nation’s family farms and ranches con- leagues to vote for these much needed re- Chairman. forms, and I thank the Leadership for bringing tinue to produce the agricultural products that H.R. 3762 to the floor today. f have made us the breadbasket for the world. Small family farms and ranches helped build TRIBUTE TO THE LATE RALPH E. HOUSE OF REPRESENTATIVES, the foundation of America. Thomas Jefferson COMMITTEE ON FINANCIAL SERVICES, BIGGER SR., ON HIS INDUCTION once wrote in a letter to George Washington, Washington, DC, April 9, 2002. INTO THE U.P. LABOR HALL OF ‘‘Agriculture is our wisest pursuit, because it Hon. JOHN BOEHNER, FAME Chairman, Committee on Education and the will in the end contribute most to real wealth, Workforce, Rayburn House Office Building, good morals, and happiness.’’ Today many Washington, DC. HON. BART STUPAK small farms and ranches have disappeared. DEAR CHAIRMAN BOEHNER: I am writing re- OF MICHIGAN This is in part because the smaller farms and garding H.R. 3762, the Pension Security Act IN THE HOUSE OF REPRESENTATIVES ranches have not been able to change to of 2002. As you know, section 107 of the bill Wednesday, April 17, 2002 reported by your Committee contains a pro- more profitable means of production. To con- vision addressing the sale of stock by the di- Mr. STUPAK. Mr. Speaker, I rise today to tinue as a viable business in agriculture farm- rectors and officers of public companies dur- pay special tribute to the late Ralph E. Bigger ers and ranchers need to be able to use mod- ing 401(k) blackout periods. Clause 1(g) of Sr., a resident of Michigan’s Upper Peninsula, ern techniques that increase profitability, and rule X of the Rules of the House of Rep- who during his lifetime was a strong advocate do it in a manner that is environmentally resentatives grants the Committee on Finan- on behalf of working men and women. sound. cial Services jurisdiction over securities and As a friend of mine, W.R. Stealey reminded exchanges and the Committee was given an Ralph was born in 1907 and grew up in the additional referral of this bill upon its intro- small town of Big Bay, on the shore of Lake me when I was first elected to the Colorado duction. Superior. Mr. Speaker, you and other mem- Legislature, ‘‘If you eat, you are in agriculture.’’ Because of your willingness to consult bers may remember Big Bay as one of the The Family Farm and Ranch Innovation Act with the Committee on Financial Services settings for the famous James Stewart movie, (FFRIA) would provide necessary tools for on this matter, and the need to move this ‘‘Anatomy of a Murder.’’ Picturesque it may small agriculture businesses to modernize and legislation expeditiously, I will waive consid- have been, but this remote area demanded become more competitive in today’s market, eration of the bill by the Financial Services access to credit and a plan to turn the credit Committee. By agreeing to waive its consid- hard work for a family to survive. Because his eration of the bill, the Financial Services parents both suffered physical disabilities, into increased revenue. Committee does not waive its jurisdiction young Ralph, the oldest of six children, quit The U.S. Department of Agriculture’s Na- over H.R. 3762. In addition, the Committee school in the seventh grade to take a job in a tional Commission on Small Farms report ti- on Financial Services reserves its authority local sawmill. In the mid-1920s he moved to tled A Time to Act found, ‘‘The underlying to seek conferees on any provisions of the nearby Marquette to work at another sawmill, trend toward small farm decline reflects funda- bill that are within the Financial Services and at the age of 24 he took a job with Cliff- mental technological and market changes. Committee’s jurisdiction during any House- Simply put, conventional agriculture adds less Senate conference that may be convened on Dow Chemical, where he would work for the this legislation. I ask your commitment to next 37 years until his death in 1968. and less value to food and fiber on the farm support any request by the Committee on Fi- Throughout his career, Ralph was a strong and more and more in the input and post-har- nancial Services for conferees on H.R. 3762 or advocate of the labor movement. He served vest sectors. We spend more on capital and related legislation. as a business representative of Local 179 of inputs to enable fewer people to produce the I request that you include this letter and the International Chemical Workers Union. He Nation’s food and look primarily to off-farm your response in the portion of the CONGRES- fought hard for decent wages and he fought processing to produce higher value products. SIONAL RECORD pertaining to consideration Sustainable agriculture strives to change this of this legislation. Thank you for your as- for medical insurance, which, when we con- sistance in this matter. sider his own personal history, was probably trend by developing knowledge and strategies Sincerely, his most important issue. by which farmers can capture a large share of MICHAEL G. OXLEY, Ralph was also very active in politics, in- the agricultural dollar by using management Chairman. cluding campaign work for Congressman Ben- skills to cut input costs—so a large share of

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.038 pfrm02 PsN: E17PT1 April 17, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E559 the prices they receive for their products re- Thousands of workers at Portland General Like his dynamic personality, Sal’s style is ec- main in their own pockets—and by producing Electric lost their life savings when their pen- lectic and has spanned many artistic genres. products of higher value right from the farm.’’ sion plans evaporated in the Enron collapse. His work is both experimental and tempera- (In context of the report farms include Throughout the last six months, I have heard mental and demonstrates his courage and ranches.) their horror stories, many of whom are my ability to dream, attributes that he has tried to The innovation plans in FFRIA, to be devel- constituents. They tell me about their worth- instill in his students for decades. There is oped with the USDA’s Natural Resources less retirement plans, shattered dreams and good reason that Sal has been referred to as Conservation Service, would provide the blue- uncertain futures because of the undeniable a ‘‘Renaissance man.’’ prints to increase the value of farm and ranch corporate mismanagement that was pervasive Salvatore Gulla has had showings of his outputs. at Enron. I can not in good faith support legis- work as recently as four years ago and The report also found, ‘‘Agricultural oper- lation that does not address the concerns of throughout his career, has had his work on ex- ations require high levels of committed capital these employees and will not prevent future hibit at a number of esteemed galleries to achieve success. The capital-intensive na- Enrons from happening. throughout New York. Mr. Speaker, at 75 ture of agricultural production makes access to Mr. Speaker, I support the Democratic alter- years of age, Sal’s spirit is as robust and con- financial capital, usually, in the form of credit, native that offers a real change in the protec- tagious as it has always been and he con- a critical requirement. Small farms are no dif- tions afforded to employees. The Democratic tinues to be an inspiration to those around ferent from larger farms in this regard, but tes- pension reform bill provides new stiff criminal him. Sal has been a dear friend and advisor timony and USDA reports received by this penalties for executives and pension plan for many years. I ask my colleagues to join Commission indicate a general under-capital- managers who engage in illegal insider trading me in honoring Mr. Salvatore Gulla on his ization of small farms, and increased difficulty or provide misinformation to employees. The 75th birthday. in accessing sources of credit.’’ If small farms bill requires that notice be given to employees f and ranches are going to use improved tech- when CEOs and executives decide to dump nologies laid out in innovation plans they will their company’s stock and the Democratic al- TRIBUTE TO DONALD O. LARSEN need capital. The Small Business Administra- ternative offers employees a voice, on pension ON HIS INDUCTION INTO THE tion’s 7(a) loan program has a long history of boards, where they can gain timely and accu- U.P. LABOR HALL OF FAME helping small businesses and would be a rate information about their pensions. great tool for small farmers and ranchers to I encourage all Members to vote against the HON. BART STUPAK implement their plans. Republican pension reform bill and vote to OF MICHIGAN America’s small farms and ranches need a protect the savings of our nation’s workers. IN THE HOUSE OF REPRESENTATIVES hand up to remain viable in our rapidly chang- f Wednesday, April 17, 2002 ing marketplace. Often today’s small agri- culture businesses are family owned and have TRIBUTE TO SALVATORE GULLA Mr. STUPAK. Mr. Speaker, I rise today to only a very small profit margin. The combina- pay special tribute to Donald O. Larsen, a tion of low market prices for raw agricultural HON. JOSE´ E. SERRANO resident of Marquette, Michigan, in my con- commodities and the rising cost of land means OF NEW YORK gressional district, who has spent decades as that many of these businesses cannot afford IN THE HOUSE OF REPRESENTATIVES a bricklayer, a teacher, a volunteer, and an active member of the local labor movement. to carry on. And that causes more urbaniza- Wednesday, April 17, 2002 tion of valuable farm and ranch land. Don was born in Delta County in the Upper This legislation recognizes the importance of Mr. SERRANO. Mr. Speaker, I rise today to Peninsula of Michigan in 1920, and later our small farming and ranching businesses. pay tribute to Mr. Salvatore Gulla, a gifted ed- moved with his family to Marquette, where he They provide diversity in the marketplace, ucator, artist and craftsman who has spent his graduated from high school. After serving local production of food, less pollution, and life teaching and sharing. Sal will turn 75 three years in the U.S. Army in the South Pa- jobs, all of which strengthen our economy. years old on Wednesday and will celebrate at cific in World War II, Don returned to Mar- And farms and ranches that are part of our a party given by family and friends. quette and took a job as a bricklayer. It was community remind us that food and other agri- He is a vibrant, dynamic, and caring man through this employment that he joined Brick- cultural products don’t just come from stores, who served on the New York City Board of layers Local 4. they remind us of our connection to the land. Education for over 30 years. Along with Sal’s Don’s expertise in bricklaying extended be- Mr. Speaker, small farms and ranches have years of educating New York’s youth in the yond the actual trade and included teaching provided the livelihood for many families since field of academia, he has devoted much of his and sharing his skills. He provided instruction the beginning of our country. This bill will help life to educating young people in the arts. Sal and leadership in the local apprentice training ensure small farms and ranches do not be- has thoroughly enriched thousands of students program, and he taught bricklaying as part of come a thing of the past by providing the tech- throughout the years and shaped young peo- Marquette High School’s house-building nical expertise and capital to allow them to ple in so many ways. Sal was a significant project in its vocational education program. He meet the challenges of the 21st Century. part of my formative years and I was one of taught bricklayer union apprentices for 10 f those young people that he helped to shape. years, during which time they built basements Mr. Speaker, Salvatore Gulla is a founding and did concrete work for two Habitat for Hu- PENSION SECURITY ACT OF 2002 member and Artistic Director of the South manity homes. Don also served as an instruc- Bronx Community Action Theatre. Along with tor for the Vocational Industrial Clubs of Amer- SPEECH OF Mr. Fred Daris, Sal had a vision to introduce ica U.P.-wide competition. HON. BRIAN BAIRD the beauty and power of the performing arts to Active in his local, Don served as a union OF WASHINGTON South Bronx youth. Through this theatre alone steward for many years and as vice president IN THE HOUSE OF REPRESENTATIVES Sal changed the lives of many children and from 1955 to 1970. He also served on the young people who never knew that the arts Board of the United Building Trades and was Thursday, April 11, 2002 could be a part of their lives. When he was the labor representative for several years at Mr. BAIRD. Mr. Speaker, while I am a co- not designing masterful costumes or directing U.P. builder shows. sponsor of the Investment Advice Act and set constructions, Sal was facilitating work- Don is a member of the Messiah Lutheran agree that workers should be allowed access shops in performing and visual arts. Church in Marquette and is a life member of to professional investment advice, I can not Sal is an authentic and pure artist who cele- VFW Post 2439, where he has served as support the Republican pension legislation that brates every form of art. He has instructed quartermaster. He has a life membership in is before us today. Unfortunately, the bill of- people in painting, drawing, and sculpture in the Ishpeming and Marquette beagle clubs fered by the majority fails to include basic re- conjunction with his involvement in the per- and a membership in the U.P. Trappers Asso- forms that are necessary to ensure that future forming arts. In 1947, Sal discovered that a ciation. He also contributed his time and effort employees do not suffer the same fate of paintbrush became a magic wand in his hands to rebuilding the Negaunee Pyramid mining Enron employees. The flawed Republican bill and began creating beauty on canvas. He monument when it was moved several years fails to provide for diversification of stock studied at the Art Students League of New ago. plans, fails to give notice when executives are York under Reginald Marsh, Morris Kantor, Mr. Speaker, Donald Larsen will be honored dumping company stock and continues to and Vaclav Vittacyl among others. He also on Saturday, April 20, with his induction into jeopardize employee savings. studied at the esteemed Columbia University. the U.P. Labor Hall of Fame at a banquet at

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.042 pfrm02 PsN: E17PT1 E560 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2002 the university. I ask you and my House col- A number of states, including New York, PERSONAL EXPLANATION leagues to join me in recognizing this commu- Massachusetts, Illinois, Indiana and others, re- nity servant and spokesman for the working fused to enact these mutual conversion HON. SANDER M. LEVIN men and women of northern Michigan. changes out of fairness to policyholders and OF MICHIGAN concerns about appropriate regulation of these f IN THE HOUSE OF REPRESENTATIVES hybrid corporate structures. The insurance in- TRIBUTE TO BUD GARDNER dustry responded by inserting in the com- Wednesday, April 17, 2002 prehensive financial reform legislation Con- Mr. LEVIN. Mr. Speaker, due to needs with- HON. ROBIN HAYES gress enacted in 1999, a provision that would in our family, I was unable to be present for OF NORTH CAROLINA permit state-chartered mutual companies to rollcall No. 86 last Wednesday, April 11, as IN THE HOUSE OF REPRESENTATIVES relocate to another state with more liberal con- well as rollcalls Nos. 93, 94 and 95 on Tues- Wednesday, April 17, 2002 version rules without jeopardizing their li- day, April 16. Had I been present, I would censes, operations, or insurance policies. This have voted ‘‘yea’’ on rollcalls Nos. 86, 93, 94 Mr. HAYES. Mr. Speaker, this past Feb- controversial provision was adopted by the and 95. ruary, Scotland County lost one of its finest House only because it was paired in a floor f law enforcement officers. Henry ‘‘Bud’’ Gard- amendment with a broadly supported provision ner was a police officer for 37 years in to prohibit discrimination in insurance sales PERSONAL EXPLANATION Laurinburg, North Carolina. Bud served his against victims of domestic violence. community with pride and honor and will be These so-called mutual ‘‘redomestication’’ HON. BOB CLEMENT missed. The citizens of Laurinburg will always provisions of the 1999 Gramm-Leach-Bliley OF TENNESSEE be grateful for his loyal service. Act now permit a mutually owned insurance IN THE HOUSE OF REPRESENTATIVES He is survived by his wife, Kathleen, of 57 company that cannot convert to stock owner- Wednesday, April 17, 2002 years. Barbara and I join the Laurinburg com- ship, or cannot convert without distributing 100 munity in prayer for Bud’s family and friends percent of the stock to policyholders, to relo- Mr. CLEMENT. Mr. Speaker, on rollcall No. during this difficult time. cate to another state that permits such conver- 95, H.R. 4167, had I been present, I would f sions. Federal law has become the instrument have voted ‘‘yea.’’ PROTECTING MUTUAL INSURANCE for overturning pro-consumer state insurance f law and an accomplice in robbing mutual pol- POLICYHOLDERS CLERGY HOUSING ALLOWANCE icyholders of their ownership fights. CLARIFICATION ACT OF 2002 HON. JOHN J. LaFALCE The mutual redomestication provisions in current Federal law now empower mutual in- SPEECH OF OF NEW YORK surance companies to blackmail state legisla- IN THE HOUSE OF REPRESENTATIVES tures, saying, in essence, if you don’t enact HON. RON KIND Wednesday, April 17, 2002 the conversion laws we want, we’ll simply OF WISCONSIN move to another state. Despite a 200-year tra- Mr. LaFALCE. Mr. Speaker, I am pleased to IN THE HOUSE OF REPRESENTATIVES dition of state regulation of insurance, these join today with my colleague from Massachu- Tuesday, April 16, 2002 provisions strip states of their right to regulate setts, Mr. FRANK, in introducing the ‘‘Protection insurance companies as they deem appro- Mr. KIND. Mr. Speaker, I rise today in sup- of Policyholders Act.’’ This legislation seeks to priate and rob policyholders of valuable own- port of H.R. 4156, the Clergy Allowance Clari- strike provisions in current law that undermine ership rights. These provisions are anti-State, fication Act. In western Wisconsin, I have per- the ownership rights of millions of policy- they are anti-consumer, and they should be sonally witnessed the effective and invaluable holders in mutual insurance companies and repealed by Congress. efforts put forth by religious organizations. Not severely weaken State regulation of insurance. only do they lead congregations in worship, In recent years, some 70 million Americans f they also help combat such traumas as drug- have learned that they own a valuable asset addiction and domestic abuse. Our Nation’s that few had previously been aware of—their PERSONAL EXPLANATION clergy are worthy of our continual appreciation insurance policies with mutual insurance com- and praise. panies. As policyholders, they collectively own HON. JENNIFER DUNN But more importantly, our Nation’s clergy 100 percent of mutual insurance companies, OF WASHINGTON are worthy of our support. Since the 1920s, which were structured under state law as co- IN THE HOUSE OF REPRESENTATIVES Congress has allowed members of the clergy operatively-owned corporations. Until recently, to exclude from taxable income a portion of mutual companies could convert to stock own- Wednesday, April 17, 2002 their church income that is used for housing. ership, but State law required that the com- Ms. DUNN. Mr. Speaker, on Friday, July 27, This provision in the tax code has helped pany’s accumulated profits be divided among 2001, I was unable to be present for rollcall churches of all faiths expand their community policyholders by giving them 100 percent of vote No. 96. Had I been present, I would have outreach activities and provided clergy mem- the stock in the new company. These shares voted ‘‘yes’’ on rollcall No. 96 in favor of H.R. bers with a much deserved tax break. would then pay stock dividends and could ap- 476, the Child Custody Protection Act. Mr. Speaker, H.R. 4156 will clarify current preciate in value like regular corporate stock. law to allow our clergy to continue to receive Over the past decade, the mutual insurance f this important tax benefit. I urge all of my col- industry has sought to change state laws to leagues to join with me in supporting this im- permit mutual companies to convert to stock PERSONAL EXPLANATION portant piece of legislation. Our nation’s clergy ownership without distributing stock to policy- deserve our continued support. holders. Under these revised state laws, mu- HON. STEPHANIE TUBBS JONES f tual companies could form ‘‘hybrid’’ mutual OF OHIO TRIBUTE TO MIKE DONOVAN holding companies in which policyholders IN THE HOUSE OF REPRESENTATIVES would continue to own 51% of the insurance JOHNSON company through a non-insurance mutual Wednesday, April 17, 2002 holding company. The remaining 49% owner- Mrs. JONES of Ohio. Mr. Speaker, I was HON. ROBERT T. MATSUI ship of the insurance company would be sold unable to return to Congress on Tuesday, OF CALIFORNIA as stock to investors, most often to the former April 16, 2002, and Wednesday April 17, IN THE HOUSE OF REPRESENTATIVES officers and directors of the mutual company. 2002, due to a death in my family. Had I been Where this has occurred, policyholders have present, the record would reflect that I would Wednesday, April 17, 2002 not received any stock or any benefit of the have voted: On roll 93, H.R. 1374, Philip E. Mr. MATSUI. Mr. Speaker, I rise in tribute to dividends paid by the new insurance sub- Ruppe Post office Designation—‘‘yea’’; on roll Mike Donovan Johnson, the Local 522’s City sidiary of the mutual holding company. More- 94, H.R. 4156, Clergy Housing Allowance Vice President, for eleven years, of the Sac- over, policyholders often experience insurance Clarification—‘‘yea’’; on roll 95, H.R. 4157, ramento Area Firefighters Union. Mike is retir- rate increases to cover the costs of paying Family Farmer Bankruptcy Extension Act— ing after thirty-three years of outstanding serv- competitive dividends to the new stockholders. ‘‘yea.’’ ice to the City of Sacramento Fire Department.

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.045 pfrm02 PsN: E17PT1 April 17, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E561 As his friends and family gather to celebrate intelligence and character he fought for fair re- President Bush’s decision is no better than Mike’s illustrious career, I ask all of my col- porting and justice in the news industry. He another worthless tax break for the rich. By leagues to join with me in saluting one of Sac- was the quiet authority amid the frantic news- failing to reinstate the Superfund tax, Presi- ramento’s most talented citizen leaders. paper offices in which he worked for almost 40 dent Bush is saying that he believes that fami- Mike was born and raised in Sacramento. years. lies fighting to make ends meet should foot He earned a Fire Science Certificate and a Robert G. McGruder’s fighting spirit sur- the bill while polluting industries profit. Bachelor of Science degree in Public Adminis- faced early on when he overcame childhood Polluters should pay to clean up their tration/Political Science. For the past three battles with polio and poverty. He became in- messes, not profit from destroying the environ- decades, Mike has worked for the City of Sac- terested in journalism while attending Kent ment and their neighbor’s health. How can we ramento Fire Department as a Firefighter, and State University when friends encouraged him in good conscience allow corporations to profit Apparatus Operator, and the last nineteen to write for the school’s paper. His reporting without making them pay to clean up their pol- years, as a Fire Captain. In addition, Mike is aspirations were not deterred by the setbacks lution? also a highly qualified Hazardous Materials of growing up in a segregated society. He I am hopeful that this chamber will address Specialist and he often lends his expertise as learned to gain strength from overcoming ob- this issue in the near future before families a B shift Captain at Station 21. Throughout his stacles. He demonstrated that racial barriers have to pay one more cent for a mess that career, Mike has remained one of the most can be broken. Through this strong willed opti- they didn’t make. cherished and well-respected members of the mism, Robert G. McGruder became the first f City of Sacramento Fire Department. African American to hold various positions at Mike began his union career as City Direc- the Cleveland Plain Dealer and the Detroit TRIBUTE TO PUBLIC SAFETY tor in 1972. After two years in that post, Mike Free Press. TELECOMMUNICATORS was elected City Vice President for the first He worked as a reporter for the Plain Dealer time in 1974. In addition, Mike has performed before becoming city editor in 1978 and man- HON. RON LEWIS the duties and responsibilities of the Political aging editor in 1981. In 1986, Neal Shine, the OF KENTUCKY Action Committee Treasurer for the past twen- longtime Free Press managing editor and pub- IN THE HOUSE OF REPRESENTATIVES ty-two years. Mike has been an indispensable lisher, finally succeeded after a decade of try- Wednesday, April 17, 2002 member of the Local 522 Executive Board for ing to hire McGruder. McGruder spent 16 the past thirty years. All in all, Mike has stead- years as the chief editor of the Free Press Mr. LEWIS of Kentucky. Mr Speaker, I rise fastly represented the members of the Sac- where he guided award-winning news cov- today to pay tribute to the men and women ramento Fire Department with great honor and erage. Beyond Detroit, he served as president who serve as public safety telecommunicators. dignity for the past three decades. of the Associated Press Managing Editors, April 14–20 is National Public Safety Tele- In addition to his contributions to the Local communicators Week, and in the Second Dis- 522, Mike has also offered his valuable con- judged Pulitzer Prize entries five times, and served on the board of the American Society trict of Kentucky as well as throughout the Na- tributions, to a number of statewide organiza- tion, dedicated public safety dispatchers pro- tions. Mike has served on numerous statewide of Newspaper Editors. His pursuit of excellence and monumental vide a vital service to our communities. committees through California Professional Public safety telecommunicators answer Firefighters. In the past, Mike has also been a work in the cause of diversity made him one calls every day for emergency rescue serv- delegate to the Sacramento County Central of the newspaper industry’s giants. He cared ices. These are the people who ensure that Democratic Committee. for colleagues, always making time to talk and Staying true to his unyielding commitment to listen. He urged the industry to hire more police forces, firefighters, and ambulances are represent the interests of firefighters, Mike is black, latino, Asian, gay and lesbian employ- dispatched in emergency and law enforcement looking to remain active in the cause in his re- ees. He was a mentor to those he worked situations. tirement years. Currently, Mike is a member of with, many of whom went on to hold important In light of the horrific terrorist attacks on our the California Firefighters Joint Apprentice positions at newspapers across the country. In Nation last year, we especially should honor Committee Board. Furthermore, Mike remains 2001, he received the John S. Knight Gold the invaluable contribution made by public a delegate to the Sacramento Central Labor Medal, the highest award within Knight Ridder, safety communications personnel. Their self- Council, a member of the Industrial Relations which owns the Free Press. Upon receiving less ongoing service was certainly highlighted Association of Northern California and sits on the award, he reminded company officials and on September 11, and continues today as the Regional Fire Task Force. In particular, friends that he represented change and that these men and women still deal with the re- Mike continues to serve the members of the he stands for diversity. percussions. fire service community through his support for We ask our colleagues to rise to honor the Mr. Speaker, I commend the emergency re- the passage of Measure F, a change to the accomplishments of this truly remarkable indi- sponse dispatchers in Kentucky’s Second Dis- City of Sacramento Charter to improve the vidual. trict for the critical role they play in my com- health insurance provided to its retired em- Robert G. McGruder stood for what was munity every day. ployees. Mike’s commitment to serving his best about the news industry. I hope his integ- f rity, honesty and deep commitment to fair and community is truly an example to his fellow IN RECOGNITION OF ISRAELI DAY accurate reporting will remain an example to citizens. OF INDEPENDENCE Mr. Speaker, as Mike Johnson’s friends and all. family gather for his retirement dinner, I am f honored to pay tribute to one of Sacramento’s HON. ADAM H. PUTNAM most honorable citizens. His successes are REINSTATE SUPERFUND TAX OF FLORIDA considerable, and it is a great honor for me to IN THE HOUSE OF REPRESENTATIVES have the opportunity to pay tribute to his con- HON. HILDA L. SOLIS Wednesday, April 17, 2002 tributions. I ask all my colleagues to join with OF CALIFORNIA me in wishing Mike Johnson continued suc- IN THE HOUSE OF REPRESENTATIVES Mr. PUTNAM. Mr. Speaker, I rise to recog- cess in all his future endeavors. nize the Israeli Day of Independence. Wednesday, April 17, 2002 The State of Israel officially came into exist- f Ms. SOLIS. Mr. Speaker, the Bush Adminis- ence, with the end of the British Mandate on IN HONOR OF ROBERT G. tration has broken promise after promise in May 14, 1948. Israel’s Independence Day is McGRUDER their attempt to destroy our country’s most celebrated annually, according to the Hebrew basic environmental laws. These broken prom- calendar, on 5 Iyar. With the establishment of HON. DENNIS J. KUCINICH ises and bad decisions are not hurting big cor- the State of Israel on that day in 1948, Jewish OF OHIO porate contributers. Instead, they will hurt independence was restored. The Israeli day of those families who are working to put food on independence is a celebration of the renewal HON. JOHN CONYERS, JR. their table. of the Jewish state in the Land of Israel, the OF MICHIGAN In particular, President Bush’s recent deci- birthplace of the Jewish people. In this land, IN THE HOUSE OF REPRESENTATIVES sion not to reinstate the Superfund tax will en- the Jewish people began to develop its dis- Wednesday, April 17, 2002 sure that the cost for cleaning up polluted tinctive religion and culture some 4,000 years Mr. KUCINICH. Mr. Speaker, we rise today communities will be paid by taxpayers instead ago, and there it has preserved an unbroken to honor Robert G. McGruder. Through grace, of those who made the mess. physical presence.

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.054 pfrm02 PsN: E17PT1 E562 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2002 On this day of independence for Israel we RECOGNIZING OSTEOPATHIC CARE BY CELEBRATING CHILDREN must recognize that a peaceful resolution to PHYSICIANS DAY the conflict between Israel and its neighbors will only be possible when Israelis and Pal- HON. JAMES C. GREENWOOD estinians recognize their mutual interests and HON. J.C. WATTS, JR. OF PENNSYLVANIA take substantive steps to demonstrate their OF OKLAHOMA IN THE HOUSE OF REPRESENTATIVES commitment to a solution. All parties must re- Wednesday, April 17, 2002 IN THE HOUSE OF REPRESENTATIVES alize that the only vision for a long-term solu- Mr. GREENWOOD. Mr. Speaker, I rise tion is for two states—Israel, Palestine—to live Wednesday, April 17, 2002 today to recognize Care by Celebrating Chil- side by side in security and in peace. That will dren Day on April 26, a day set aside to ac- require hard choices and leadership by Mr. WATTS. Mr. Speaker, April 18 is Na- knowledge and celebrate the contributions of Israelis, Palestinians, and their Arab neigh- tional D.O. Day, a day when we recognize the children that make the world a better place for more than 47,000 osteopathic physicians bors. us all. Today, we invite every adult to visit (D.O.s) for their contributions to the American their child in school, where they will learn For the Israelis, that means establishing se- healthcare system. On National D.O. Day, about and admire the ways in which those cure and defensible borders, withdrawing from more than 100 members of the osteopathic children grow every day. By distinguishing occupied areas, and recognizing the viability medical profession, including osteopathic phy- their efforts and accomplishments, this day of a Palestinian state. For the Palestinians, sicians and osteopathic medical students, will helps to raise the self-esteem of the children, that means not only renouncing terrorism but descend upon Capitol Hill to share their views builds bridges between the community and the cutting ties to terrorists, halting arms ship- with Congress. school, introduces the children to role models, ments, unequivocally recognizing Israel’s right I especially am pleased that osteopathic and teaches the children about their value to to exist and stifling the rhetoric that encour- physicians from Oklahoma will be visiting our the community. ages and glorifies the continuation of Pales- nation’s Capitol and participating in this event. It is also my privilege to introduce Ms. Gail tinian terrorism against Israel. These representatives are practicing osteo- Delevich in conjunction with this day. Ms. Delevich is an elementary school teacher in In spite of all of its struggles past and pathic physicians, staff from the American Os- the Central Bucks School District, in Bucks present Israel’s cultural and artistic activity has teopathic Association, and osteopathic medical students. County, Pennsylvania. She spearheaded this flourished, blending Middle Eastern, North Afri- initiative at her elementary school, after she can and Western elements, as Jews arriving Participants in National D.O. Day are here was disheartened at the multitude of negative from all parts of the world brought with them to talk about how liability insurance rates for media coverage of American schools in the the unique traditions of their own communities all health care professionals—especially those wake of the Columbine tragedy and other epi- as well as aspects of the culture prevailing in in high-risk specialties and rural areas—are in- sodes of school violence. Rather than chastise the countries where they had lived for genera- creasing rapidly. Numerous commercial insur- students or criticize our education system as tions. ers are no longer offering professional liability inadequate to prevent violence, this day cele- insurance for physicians and others have When Israel celebrated its 10th anniversary, brates children and their accomplishments as stopped covering certain procedures or serv- the population numbered over two million. students, athletes, artists and young leaders. ices. A continuation of this trend will, over The Commonwealth of Pennsylvania and During Israel’s second decade (1958–68), ex- time, lead to a shortage of physicians and cre- the State of New Jersey have already de- ports doubled, and the GNP increased some ate access to care problems for our citizens. clared a day each April as Care by Cele- 10 percent annually. While some previously I share their concerns about access to care. brating Children Day, and I present this re- imported items such as paper, tires, radios Several States, including my home State of mark in hope of expanding the day’s recogni- and refrigerators were now being manufac- Oklahoma, are facing critical access problems tion to the national level. I hope that this day, tured locally, the most rapid growth took place and this trend will only continue to worsen if which honors, celebrates, and encourages our in the newly established branches of metals, action is not taken. children, our most precious resource, will em- machinery, chemicals and electronics. Since For more than a century, osteopathic physi- power children to believe in themselves, work- the domestic market for homegrown food was cians have made a difference in the lives and ing hard to prepare for their future and for the fast approaching the saturation point, the agri- health of my fellow Oklahomans and all Ameri- future of our Nation. cultural sector began to grow a larger variety cans. Overall, osteopathic physicians provide f of crops for the food processing industry as care to more than 100 million patients each A BILL TO STRENGTHEN AND IM- well as fresh produce for export. A second year. Osteopathic physicians are committed to PROVE THE BENEFITS PROVIDED deep-water port was built on the Mediterra- serving the needs of rural and underserved TO SMALL BUSINESSES UNDER nean coast at Ashdod, in addition to the exist- communities and make up 15 percent of the INTERNAL REVENUE CODE SEC- ing one at Haifa, to handle the increased vol- total physician population in towns of 10,000 TION 179 ume of trade. or less. Israel’s foreign relations expanded have ex- D.O.s are certified in nearly 60 specialties HON. WALLY HERGER panded steadily, as close ties were developed and 33 subspecialties. Similar to requirements OF CALIFORNIA with the United States, British Commonwealth set for their M.D. colleagues, D.O.s must com- IN THE HOUSE OF REPRESENTATIVES countries, most western European states, plete and pass: four years of medical edu- Wednesday, April 17, 2002 cation at one of 19 osteopathic medical nearly all the countries of Latin America and Mr. HERGER. Mr. Speaker, I rise today to schools-, a one-year internship-, a multi-year Africa, and some in Asia. Extensive programs introduce the ‘‘Small Business Expensing Im- residency-, and a State medical board exam. of international cooperation were initiated, as provement Act of 2002,’’ legislation to assist Throughout this education, D.0.s are trained to hundreds of Israeli physicians, engineers, small businesses with the cost of new busi- understand how the musculoskeletal system teachers, agronomists, and irrigation experts ness investment. I am pleased to be joined in influences the condition of all other body sys- and youth organizers shared their know-how this effort by Mr. TANNER, as well as several tems. Many patients want this extra education and experience with people in other devel- other of my colleagues on the Ways and as a part of their health care. Individuals may oping countries. Clearly this nation has come Means Committee. call (866) 346-3236 to find a D.O. in their far in its relatively short lifetime. Small businesses truly are the backbone of community. our economy, representing more than half of On this day of reflection let us recognize In recognition of National D.O. Day, I would all jobs and economic output. We should not that on the eastern shore of the Mediterranean like to congratulate the over 1,200 D.O.s in take small business vitality for granted, how- Sea sits a land of freedom and democracy— Oklahoma, the 350 students at the Oklahoma ever. Rather, our tax laws should support Israel. Surrounded by hostility, but a place State University College of Osteopathic Medi- small businesses in their role as the engines where freedom and tolerance are alive today. cine, and the 47,000 D.0.s represented by the of innovation, growth, and job creation. On this day of independence for Israel, I hope American Osteopathic Association for their On March 19 of this year, President Bush all people of good will would join me in pray- contributions to the good health of the Amer- unveiled his small business proposal. I ap- ing for peace in the Middle East. ican people. plaud the President for his commitment to our

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.058 pfrm02 PsN: E17PT1 April 17, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E563 nation’s small business owners and his dedi- ON THE OCCASION OF THE NINE- Fifty-four years ago, the creation of the state cation to ensure that our tax laws do not im- TIETH ANNIVERSARY OF THE of Israel gave hope to Jews everywhere that pede the growth and development of small GIRL SCOUTS safety, freedom, and justice could be found at businesses. The legislation we are introducing last—in the ancient cradle of the Jewish faith today will implement a key element of the HON. MICHAEL R. McNULTY and civilization. A half-century of friendship President’s plan, expansion of the benefits OF NEW YORK and cooperation between Israel and the United States began with President Truman’s available to small businesses under Internal IN THE HOUSE OF REPRESENTATIVES courageous recognition of Israel shortly after Revenue Code Section 179. Wednesday, April 17, 2002 its establishment. Throughout many battles, Our bill will improve our tax laws to make it Mr. MCNULTY. Mr. Speaker, I rise today to our relationship has remained strong, and it easier for small businesses to make the cru- recognize an exceptional organization, the Girl continues today, with our common search for cial investments in new equipment necessary Scouts of the USA. security and peace in the Middle East. Since Juliette Gordon Low assembled the for continued prosperity. Under Code Section Israel is now engaged in one of its most first Girl Scout troop in March of 1912, the Girl challenging wars ever, the war against ter- 179, a small business is allowed to expense Scouts have not only grown in number, but rorism. Since the latest Palestinian intifada the first $24,000 in new business investment also in the scope of their mission. Generations began, more than 400 Israeli civilians have in a year. Our legislation will permanently in- of young women have developed positive val- been killed by suicide bombers—over 125 crease this amount to $40,000. Furthermore, ues and a greater sense of self-worth by par- since March. Hundreds more have been in- our bill will index this amount to ensure that ticipating in Girl Scout programs. jured in these attacks—attacks that are de- the value of this provision is not eroded over For 90 years, the Girl Scouts have opened signed to strike at the heart of Israel itself. time. doors of opportunity for girls from all walks of life, and they continue to expand their out- The Palestinians have also suffered hun- This legislation will also allow more small reach efforts. They have renewed their com- dreds of casualties, and innocent civilians, in- businesses to take advantage of expensing by mitment to reach beyond racial, ethnic, socio- cluding children, are being used as human increasing from $200,000 to $325,000 the total economic and geographic boundaries. Diver- shields by terrorists hiding in refugee camps. amount a business may invest in a year and sity can be found in all the activities in which Peace is the only way to move forward, a qualify for Section 179. It is important to note these young women engage. From science peace that contemplates two states coexisting that this amount has not been adjusted for in- and technology, to money management and fi- side-by-side. But Israel can only achieve flation since its enacting into law in 1986. nance, to global awareness, Girl Scouts expe- peace from a position of strength. I have long been an advocate for a strong US-Israel secu- The ‘‘Small Business Expensing Improve- rience it all. Mr. Speaker, the Girl Scouts of the Hudson rity relationship. Now is not the time to back ment Act’’ also improves the small business Valley Council in New York State are fine ex- away from our security relationship or to give expensing provision by following the rec- amples of the Girl Scout mission. Girl Scouts any credence to the misguided efforts of the ommendations of the IRS National Taxpayer in my district are committed to developing European Union to impose economic sanc- Advocate in his 2000 Annual Report to Con- leadership skills and honing a finer sense of tions against Israel. gress. Specifically, our legislation clarifies that social conscience by engaging in a wide range A critical contribution towards resolution of residential rental personal property and off- of activities. When they collect supplies for the the current crisis must be taken by moderate the-shelf computer software qualify for ex- Merilac Women’s Shelter in Albany, when they Arab regimes—our allies such as Egypt and pensing under Section 179. plant flowers and trees outside of the Colonie Saudi Arabia—to pressure the Palestinians to Mr. Speaker, in times of economic uncer- Town Hall in remembrance of the lives lost on genuinely renounce terrorism. Chairman Ara- September 11th, and when they make cards fat’s recent statement deploring terrorist at- tainty, we must do all we can to encourage of thanks to the firefighters of New York City, tacks—delivered in English to an American— new investment and job creation. The ‘‘Small Girl Scouts are making a difference. Thou- served no more purpose than to bring Sec- Business Expensing Improvement Act of sands of girls in the Capital District will be for- retary Powell to Ramallah. Far more revealing 2002’’ will help accomplish this worthy goal, ever impacted by the experiences they had was a recent statement from Mr. Arafat’s and I urge my colleagues to join me in this ef- and the friendships they made while partici- wife—in Arabic to the Arabic press—saying fort. pating in the Girl Scouts. that she would be proud to have a future son We must also extend our gratitude to the become a suicide bomber. f adults, both women and men, who volunteer It has unfortunately been shown time and their time to ensure that the highest ideals of time again that the parties in the region will be HOPING TO LIVE ONE DAY IN AN character, conduct, patriotism and service con- unable to achieve peace on their own. All past ENVIRONMENT FREE FROM POL- tinue to be imparted on our Nation’s girls and breakthroughs for peace have been the result LUTION young women. of US and international leadership and every I congratulate the Girl Scouts on their 90 future breakthrough will require the same. I years of service. Our communities have bene- commend the Administration for resuming a HON. BETTY McCOLLUM fited from their accomplishments and I wish leadership role in the Mideast, and I urge it to OF MINNESOTA them many more decades of success. remain engaged with the parties and moderate f Arab states in the region. IN THE HOUSE OF REPRESENTATIVES STATEMENT OF CONGRESSWOMAN Last week, in a ceremony commemorating Wednesday, April 17, 2002 JANE HARMAN ON ISRAELI Yom ha-Shoah, National Security Advisor INDEPENDENCE DAY Condoleeza Rice made the connection be- Ms. MCCOLLUM. Mr. Speaker, soon after I tween our remembrance of the Holocaust and delivered my remarks on the House floor this HON. JANE HARMAN our continued fight against evil in the war on terrorism. I would ask that her remarks be en- morning, I received numerous calls from news OF CALIFORNIA tered into the RECORD. organizations. Unfortunately, these calls were IN THE HOUSE OF REPRESENTATIVES not about the importance of the Clean Air Act, May our memories of the horror of the Holo- Wednesday, April 17, 2002 which was the subject of my one-minute caust fuel our hunger for a permanent peace. speech. Instead, the press was more con- Ms. HARMAN. Mr. Speaker, today, Sec- retary of State Powell leaves the Middle East REMARKS BY CONDOLEEZZA RICE, ASSISTANT cerned about a pause I took during the Pledge TO THE PRESIDENT FOR NATIONAL SECURITY having failed to secure a cease-fire between of Allegiance—as I was trying to determine if AFFAIRS, AT THE 2002 NATIONAL COMMEMO- Israel and the Palestinians, or make substan- I had my back to the American flag—than RATION OF THE DAYS OF REMEMBRANCE— tial progress toward peace. It was perhaps too U.S. CAPITOL ROTUNDA, WASHINGTON, D.C. what I said about protecting our environment. much to hope for a dramatic breakthrough, but As Prepared I would hope the media pays closer attention the status quo remains unacceptable. to the issues affecting our air quality so that Survivors, liberators, Members of Con- As we celebrate and commemorate Israeli gress, Members of the Cabinet, Ambassador the people of this Nation, under God, will be Independence Day, it is more important than Ivry, other members of the diplomatic corps, able to one day live in an environment free ever to remember why the United States has Benjamin Meed, Fred Zeidman, Elie Wiesel, from pollution. such a strong relationship with Israel. Ruth Mandel, other honored guests, ladies

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A17AP8.061 pfrm02 PsN: E17PT1 E564 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2002 and gentlemen: Thank you for inviting me to er they were part of the uprising; whether of agricultural equipment. AGCO provides sev- join you for Yom ha-Shoah. they perished in a camp; whether they were eral brands of products which are sold in more We gather today to remember that evil is among the few who survived; whether they than 140 countries around the world. real and present in our world. We gather to may even have had children like Marek John Shumejda was President and Chief remember that hatred and bigotry are al- Edelman or Bronislaw Geremek who sur- ways and everywhere wrong. We gather to vived and went on to become members of Executive Officer of AGCO. He was appointed remember that the commission of monstrous Solidarity and leaders in a free and demo- to the position in 1999 and provided a strong sin requires not our consent, but only our in- cratic Poland. source of leadership for the company. difference, our neutrality, or our silence. We And I have thought about that couple from Edward ‘‘Ed’’ Swingle was Senior Vice gather to light six candles, so that we may the ghetto even more in the days since Sep- President of Worldwide Marketing of ACGO. never forget six million acts of murder. tember 11. Because right now, all of us are He had been with the company since its for- With each passing year, the number of liv- enduring a time of testing, loss, and fear; a mation in 1990, and greatly contributed to the ing Holocaust survivors and liberators grows time when our vulnerability to evil and the growth of the company. smaller. When all the eyewitnesses are gone, certainty of our mortality are all too clear; the Holocaust’s history will be taught not a time when once again our intellect is insuf- Both men were leaders at ACGO from its from the searing pain of memory but from ficient to answer the question, ‘‘Why?’’ And founding in 1990. Due to their leadership, the pressing call of conscience. at these times more than ever, we are re- AGCO is considered one of the top companies Last year, when the President spoke here, minded that it is a privilege to struggle for in the farming equipment industry. the Holocaust seemed somewhat removed good against evil. Epps Aviation, headquartered at Dekalb- from our era—part of a bloody century now We do not choose our circumstances or Peachtree Airport just outside of Atlanta, behind us. Sadly, this year we need no trials, but we do choose how we respond to prompting to appreciate the Holocaust’s im- Georgia, lost three of its finest and most expe- them. Too often when all is well, we slip into rienced members of its team: portance and its relevance. Fanatical, unrea- the false joy and satisfaction of the material soning hatred has intruded upon our lives in and a complacent pride and faith in our- Thomas ‘‘Tommy’’ Boydston, Director of Op- ways that no one could have imagined selves. Yet it is through struggle that we erations of Epps Aviation. He had been with months ago. find redemption and self-knowledge. This is the company for over 26 years, and was in- From the Holy Land, we see daily images what the slaves of Exodus learned. And it is strumental in the growth of the Charter De- of carnage, and from Europe, come images of what slaves in America meant when they partment’s fleet and pilots. synagogues and Torah scrolls burned. Our sang: ‘‘Nobody knows the trouble I’ve seen, Robert ‘‘Bob’’ Norton was a distinguished own land has seen the mass destruction of Glory Hallelujah!’’ innocents, guilty of nothing more than going pilot from Atlanta, Georgia who worked over None of our current travails approach 20 years for Epps Aviation. to work in a country called America on a those of the Holocaust. The evil of the Holo- beautiful, but terrible autumn morning. And caust is singular. Yet its lessons are uni- Timothy ‘‘Tim’’ Vandevort was a distin- the world was sent obscene videotapes where versal. guished pilot from Duluth, Georgia who had evil leaders celebrate the slaughter, and yet So today, we remember that ignorance and worked for Epps Aviation for over 4 years. another tape where a man is killed after cruelty are never far away, and that their Each of these five individuals will be greatly being made to say the words, ‘‘I am a Jew.’’ atrocities demand action and justice. missed by their loving families, their many This year, evil has spoken to all of us, and We remember that every life has value and friends, and by their business associates and on this day we need no reminder to answer all lives are ennobled by opposing hate and customers. I hope my colleagues in the House back, but firmly: ‘‘never again.’’ bigotry. As our world prevails through these dif- We remember that not even mankind’s of Representatives join me in recognizing their ficult days, and as we pray for peace for all worst depravities can be allowed to dissuade dedication to their companies, their families the children of Abraham, it is important to us from our search for worldly and spiritual and their country. recall not just the Holocaust’s horrors, but peace. f also its heroes: bearers of witness like Jan In this nation of immigrants, surrounded Karski; rescuers like Wallenberg and here by the symbols and totems of tolerance IN APPRECIATION OF CATHEY J. Schindler; writers like Anne Frank and Elie and freedom, we remember our very great re- NEWHOUSE Wiesel; and resistors like the Danes and the sponsibility to protect freedom and to wel- righteous of many nations who hid and saved come all of God’s creatures into its loving many thousands of their Jewish neighbors. embrace. HON. NICK SMITH And, of course, we recall those who fought And we remember the words of the Kad- OF MICHIGAN from inside the Warsaw Ghetto in April 1943, dish, ‘‘Oseh shalom beem’roh’mahv, hoo IN THE HOUSE OF REPRESENTATIVES and who, as Elie Wiesel wrote, lit a flame ya’aseh shalom, aleynu v’al kohl yisrae’el Wednesday, April 17, 2002 that ‘‘continues to burn in our memory’’ v’eemru: Amein.’’ even through the distance of six decades, Mr. SMITH of Michigan. Mr. Speaker, I rise f We draw strength from these names—all to congratulate Cathey J. Newhouse, a teach- familiar to our lips—and we gain inspiration TRIBUTE TO EDWARD SWINGLE, er at Parnall Elementary School in Jackson, from their stories. Less often, we think of the other heroes, the countless ordinary JOHN SHUMEJDA, THOMAS Michigan and recipient of the 2001 Presi- Jews, Roma, Jehovah’s Witnesses, gay peo- BOYDSTON, ROBERT NORTON dential Award for Excellence in Mathematics ple, and disabled men and women who defied AND TIMOTHY VANDEVORT and Science Teaching. I request that her re- the machinery of murder with quiet acts of cent testimony before the Science Committee courage and piety. Their names are mostly be placed in the CONGRESSIONAL RECORD. unknown to all but Him, yet their lives too HON. BOB BARR instruct. OF GEORGIA STATEMENT OF CATHEY J. NEWHOUSE I remember visiting Yad Vashem and see- IN THE HOUSE OF REPRESENTATIVES Thank you Chairman BOEHLERT and Con- ing a photograph of a handsomely dressed Wednesday, April 17, 2002 gressman SMITH for holding the CONGRES- Jewish couple in the Warsaw Ghetto. The SIONAL RECORD open and allowing me to add guide at the museum said that people often Mr. BARR of Georgia. Mr. Speaker, I rise my ideas on improving science education to express consternation at the photograph, today to express our most heartfelt condo- those shared on March 20, 2002. wondering how odd it was that against the lences to the family and friends of Edward I have been an active learner and lover of ghetto’s backdrop of danger and desperation Swingle, John Shumejda, Thomas Boydston, science for most of my life. I have been an el- this couple had obviously gone to great Robert Norton, and Timothy Vandevort who ementary teacher in Jackson, Michigan for 14 years. I believe that at the elementary lengths to ensure that their clothing and lost these loved ones in a tragic airplane acci- grooming were impeccable. level, enthusiasm for and interest in science I had a different reaction. I said imme- dent on January 4, 2002, in Birmingham, Eng- are crucial, probably even more important diately, ‘‘I understand that photograph. land. than the teaching of facts and concepts in These people are saying, ‘I’m still in control, In honor and memory of these individuals, I science. Young children need to know with I still have my dignity.’ They are saying, will be presenting a flag to each of the fami- certainty that science is fun to learn! How- ‘You can take everything from us, including lies, to Chairman, President and CEO of ever, science is a scary subject for many ele- life itself. But you cannot take away our AGCO, Mr. Bob Ratliff, and to CFO of Epps mentary teachers. pride.’’ Aviation, Ms. Marian Epps on April 22, 2002. I would like to see a two-fold commitment I’ve often wondered what became of that to funding for improving science instruction. couple. I imagine that long after they were Mr. Speaker, I want my colleagues to know First, teachers need professional develop- no longer able to control their appearance what great individuals these men were. ment to increase their knowledge in specific they still found subtle ways to say, ‘‘You AGCO Corporation, headquartered in Du- science disciplines. This needs to be an on- cannot control me, you cannot take away luth, Georgia, USA, is one of the world’s larg- going and consistent professional develop- my pride and dignity.’’ I’ve wondered wheth- est manufacturers, designers, and distributors ment, not just a one-time event. Teachers

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A17AP8.065 pfrm02 PsN: E17PT1 April 17, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E565 should be given the opportunity to yearly at- In an effort to bring diversity to television, President Bush engaged on this issue, send- tend workshops or conferences and to proc- May encouraged her sons to appear on a live ing Secretary of State Powell to the Middle ess with colleagues the information gained. public affairs program produced by a neighbor. East to try to end the violence. But we must Secondly, I strongly believe that funding needs to be provided to have a science con- While both children participated, David dis- not let that role keep us from speaking the sultant in each elementary building. This played an early and keen interest in the news truth. As our President has said, terrorism is person would function as a teacher of teach- business, appearing weekly on the show for unacceptable in all its forms. Palestinians ers, helping new and veteran teachers with eight years . . . from five years old to age must end the violence against the Israelis. The all aspects of teaching the science cur- thirteen. It was this experience that kindled attacks must stop. riculum. I had the opportunity during 2001 to David’s interest in pursuing a highly distin- When they do, Israel must respond, as I am work for the Jackson County Intermediate guished career in T.V. journalism. confident she will, with corresponding steps to School District in Michigan as such a science Widowed in 1980, May managed on her reduce the level of tension. That is the only specialist. In this role, I assisted other teachers with planning, improving teaching own for 16 years before moving into David’s way to get back to the peace table. And only methodology, locating appropriate activities home in San Mateo, California. She is a proud peace discussions can achieve the lasting, and materials, and developing skills in in- grandmother of two adult grandchildren— just peace that will best serve the interests of quiry science teaching. The improvement I Linda May Louie and Michael Louie, the chil- all Israelis, all Palestinians and indeed, all of saw in teachers’confidence and competence dren of Jim and Vana of Mayfield Heights, us throughout the world. during my tenure as a science teacher spe- Ohio. Mr. Speaker, my personal sense of commit- cialist was dramatic. Mr. Speaker, I ask my colleagues to join me ment to Israel has only been strengthened by If funding specifically designated for con- in honoring this great and good woman, May sistent, on-going professional development recent developments. Today, as Israelis’ mark in science could be coupled with funding for Louie, and in wishing her a very happy, their 54th anniversary, we can celebrate the a science specialist to assist teachers in each healthy and fulfilling 90th birthday. Her life is existence of a strong and vibrant Jewish state. elementary building. I believe we would see instructive to us all and we know we are a bet- I am proud to observe this occasion and to a very significant increase in the quantity ter country because of all she’s done. use this opportunity to join with my colleagues and quality of science learning taking place f to reaffirm our solidarity with Israel and the in our schools. Israeli people. Thank you for recognizing the 2001 Presi- RECOGNIZING THE 54TH ANNIVER- dential Awardees, thank you for your contin- SARY OF ISRAELI INDEPEND- f ued support of science and math education, ENCE and thank you for giving me this oppor- TRIBUTE TO MR. ED WENGER tunity to express my views. HON. RUSH D. HOLT f HON. MARK GREEN OF NEW JERSEY OF WISCONSIN TRIBUTE TO MAY LOUIE ON THE IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OCCASION OF HER 90TH BIRTHDAY Wednesday, April 17, 2002 Wednesday, April 17, 2002 Mr. HOLT. Mr. Speaker, today, Wednesday, HON. ANNA G. ESHOO April 17, is Yom Ha’Atzmaut—Israel’s Inde- Mr. GREEN of Wisconsin. Mr. Speaker, I OF CALIFORNIA pendence Day. As the people of Israel cele- offer the following comments today to mark IN THE HOUSE OF REPRESENTATIVES brate 54 years as the only democracy in the the retirement of Mr. Ed Wenger. After nearly Wednesday, April 17, 2002 Middle East, I am proud to join with my col- 30 years of service, Ed retired from the U.S. Forest Service last year. Mr. ESHOO. Mr. Speaker, I rise today to leagues to reiterate our continued strong sup- After a stint in the Army, he began his dis- pay tribute to May Louie, an extraordinary port of Israel, its right to defend itself and its tinguished career with the Forest Service at woman who will celebrate 90 years of life on people from terrorism, and to focus on the the Hoosier National Forest in Indiana. Since June 5, 2002. special relationship that exists between our then, he’s served in forests from Illinois to A loving mother, daughter and widow, May two nations. Pennsylvania, and a couple of places in be- Louie is an honorable woman in her own right. We all know that these are troubling times tween. She has lived a life filled with values, service, for Israel, and indeed, the entire Middle East. But it’s Ed’s time in Wisconsin that left such and dedication to her family and to her com- The world has watched in horror as terrorist a lasting impression on me and lots of other munity. attacks have killed more than 450 Israelis and Born on June 5, 1912 in Columbus Ohio, wounded nearly 4,000. folks in my area. He was instrumental in de- May was the eighth child of ten and the sec- Car bombings, suicide attacks and wide- veloping the Florence Natural Resource Cen- ond of two daughters. Driven by famine in spread terrorism in residential areas have dis- ter while serving as the Florence District China, her father came to the United States in rupted the lives of Israelis. Men and women Ranger for the Nicolet Forest. And he did tre- the early 1880s to help build the trans- fear that an ordinary trip to their local market mendous work while at the Nicolet- continental railroad. He met and married will result in tragedy. Children longer feel safe Chequamegon National Forest from 1997 to May’s mother and the two moved to Biloxi, to ride their school buses, and families sitting 2001. Mississippi and then to Columbus, where they down to celebrate a holy meal have been mur- Wherever he was stationed, Ed quickly be- owned and operated a laundry. dered by suicide bombers. Since September came an active and well-known member of the May was sent to China as a young girl after 11, I think all Americans have a new under- community—both in forest issues and in the her mother’s tragic death as a result of the standing of the threats that Israelis face and general activities and organizations that make Spanish flu epidemic of 1918. She endured have faced for some time. And I think all our towns and villages such great places to harsh living conditions, including a bout of ma- Americans have been steeled in their resolve live. I believe that future generations of Forest laria fever before returning to Ohio aboard the to root out terror wherever it may be found. Service employees could stand to learn much USS President McKinley in 1928. Before and since being elected to Congress, from Ed, and his dedication to maintaining Following the death of her father, May pro- I have supported a strong Israel. America has such close ties between the management of vided loving care for many years to her elderly always had a unique relationship with Israel. our forests and the communities that surround foster parents, Walter and Sadie Hauptfuier in They are our most important strategic ally in them. Canton, Ohio. She studied piano, flute and this volatile area, and a nation whose founding f piccolo and became a respected music teach- and existence clearly makes the world better. er. The United States must continue to voice its CONGRATULATING ISRAEL ON ITS May moved to Lakewood, Ohio after her support for Israel and for their right to defend INDEPENDENCE DAY marriage to Toy Louie, the owner of a whole- their people and to exist. That is particularly sale Chinese grocery business and noodle true at this terrible time. The United States HON. TOM LANTOS factory, and the couple soon began a family of must be prepared to continue to provide the OF CALIFORNIA their own. May gave birth to two sons—James diplomatic, military, and economic support that IN THE HOUSE OF REPRESENTATIVES and David and she instilled in them a lifelong Israel needs. love of music and the arts. A devoted mother, As the world’s only superpower, the United Wednesday, April 17, 2002 May Louie was a full-time homemaker and the States plays an essential role as a broker of Mr. LANTOS. Mr. Speaker, I wish to con- family’s chief money manager. peace in the region. I am pleased to see gratulate Israel on its Independence Day, its

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.068 pfrm02 PsN: E17PT1 E566 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2002 54th anniversary. In 54 years, Israel has expe- cause it has fashioned a society that em- subjected. But our outrage is outweighed by rienced more dangers and more triumphs, bodies the same values as our own. our shock, sadness, and anger that it was more success and more tragedy, more highs It is important on this Independence Day supported by Western nations such as France, and lows than many far more venerable that Israelis and their friends take time to re- Austria, Belgium, Portugal, Spain and Swe- states. Throughout it all, Israel’s indomitable flect on all the wonderful, almost unthinkable den. spirit has conquered adversity. achievements of the past 54 years. Against impossible odds, Israel has established a vi- Israel should know that its friends here are Israel has much for which to be grateful. deeply pained by its profound dilemma: Yearn- First and foremost, Israel has so often been brant, open, prosperous, and free society; a pluralistic society built by people from virtually ing for peace, Israel has no clear partner for blessed with great leadership—wise and vi- peace. Israel should know that its friends sionary leadership. This tradition goes back to every country in the world; a society on a par with the best of the West. And Arabs in Israel won’t let the world forget that the Yasser Israel’s modern origins. At the end of the nine- Arafat whose Palestinian Authority funds the teenth century, the founder of the modern Zi- enjoy incomparably more freedom and demo- cratic rights than they have anywhere in the al-Aqsa Martyrs’ Brigade, the Yasir Arafat of onist movement Theodor Herzl made the most the Karine-A, the Yasir Arafat who colludes preposterous and prophetic prediction I know Arab world. Although this is a day for joy, it is no secret with Iran and Hizballah—Yasir Arafat the ter- of, when he asserted that a Jewish state rorist—is, sadly, the real Yasir Arafat. would be born within a half-century. that this year’s independence day occurs at one of the most dangerous times in Israel’s In statehood, Israel’s leaders have been And Israel should know that its friends here history. I know everybody in this room under- practical, humane, bold, and peace-loving. It is agree that the violence must end before nego- stands the problems all too well. The scale of a pity that Israel’s neighbors have not been tiations begin. You cannot negotiate with ter- Israeli loss in the so-called intifada is stag- similarly blessed. ror; you can only defeat it. The people of gering—almost incomprehensible. On a scale David Ben-Gurion and the Zionist leadership Israel have the right to restore the security of proportional to the U.S. population, Israel has their homes and families by taking the military were practical enough to accept the 1947 par- lost over 20,000 people since September tition resolution, though they had hoped for measures necessary to defeat terror. Once 2000, close to half of them in suicide bomb- that is achieved, we will do our best to create much more. They were humane enough to ings. treat their Arab citizens as equals when Arab the conditions that will enable Israel to find re- Israel’s friends stand in solidarity with all liable partners for peace and an end to the leaders were threatening to drive the Jews Israelis. Israel should know that its fiiends in conflict. Only when Arabs learn that they can- into the sea. They and their successors were the United States will stick with it and defend not exhaust Israel through violence will they bold enough to do what is necessary to keep its right to protect itself against terrorism and be ready for the kinds of political compromises Israel and the Jewish people alive, regardless against the scourge of those who place no necessary for a lasting peace. Israel’s friends of what the rest of the world might think. Usu- value on human life. Israel should know that understand that. ally, the world learns later that Israel is right. its fiiends here won’t be afraid to stand up to Remember the bombing—the then much criti- the unjustified and disturbingly persistent criti- For Israel’s friends, today is a day for joy, cized bombing—of the Iraqi nuclear reactor cism coming from Europe, from those who solidarity, and reflection. On a personal note, Osirak in 1981? How universally scorned it have managed to misunderstand the lessons it is also a sad occasion, for it marks the eve was at the time; how grateful the civilized of their own history. We are outraged by the of the departure of my dear friend, Israel’s world is now. U.N. Human Rights Commission’s resolution wonderful ambassador David Ivry. His has al- Israel has been blessed with the great of two days ago that makes disgraceful accu- ways been a voice of integrity, clarity, and in- friendship and unswerving support of the sations against Israel, while failing even to sight, and we will sorely miss having it in our United States. It has earned this friendship be- mention the terrorism to which Israel has been midst.

VerDate 112000 06:12 Apr 18, 2002 Jkt 197001 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A17AP8.072 pfrm02 PsN: E17PT1 April 17, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E567 SENATE COMMITTEE MEETINGS 10 a.m. 1:30 p.m. Governmental Affairs Appropriations Title IV of Senate Resolution 4, Oversight of Government Management, Re- Treasury and General Government Sub- agreed to by the Senate on February 4, structuring and the District of Colum- committee 1977, calls for establishment of a sys- bia To hold hearings on proposed budget es- Subcommittee timates for fiscal year 2003 for the Of- tem for a computerized schedule of all To hold hearings to examine the implica- fice of National Drug Control Policy. meetings and hearings of Senate com- tions of the human capital crisis, fo- SD–192 mittees, subcommittees, joint commit- cusing on how the federal government 2:30 p.m. tees, and committees of conference. is recruiting, selecting, retaining, and Commerce, Science, and Transportation Science, Technology, and Space Sub- This title requires all such committees training individuals to oversee trade policies and regulate financial indus- committee to notify the Office of the Senate Daily tries. To hold hearings on S. 2037, to mobilize Digest—designated by the Rules com- SD–342 technology and science experts to re- mittee—of the time, place, and purpose Health, Education, Labor, and Pensions spond quickly to the threats posed by of the meetings, when scheduled, and Public Health Subcommittee terrorist attacks and other emer- gencies, by providing for the establish- any cancellations or changes in the To hold hearings to examine current safeguards concerning the protection of ment of a national emergency tech- meetings as they occur. human subjects in research. nology guard, a technology reliability As an additional procedure along SD–430 advisory board, and a center for evalu- ating antiterrorism and disaster re- with the computerization of this infor- Banking, Housing, and Urban Affairs To hold oversight hearings to examine sponse technology within the National mation, the Office of the Senate Daily the Federal Deposit Insurance System, Institute of Standards and Technology; Digest will prepare this information for focusing on recommendations for re- and other relative pending legislation. printing in the Extensions of Remarks form. SR–253 Intelligence section of the CONGRESSIONAL RECORD SD–538 Judiciary To hold closed hearings on pending intel- on Monday and Wednesday of each To hold hearings to examine the ref- ligence matters. week. ormation of the Federal Bureau of In- SH–219 Meetings scheduled for Thursday, vestigation, Department of Justice, fo- cusing on mission refocusing and reor- APRIL 25 April 18, 2002 may be found in the Daily ganization. 9:30 a.m. Digest of today’s RECORD. SD–226 Veterans’ Affairs 10:15 a.m. To hold hearings to examine the Depart- MEETINGS SCHEDULED Foreign Relations ment of Veterans’ Affairs preparedness To hold hearings to examine United regarding options to nursing homes. States nonproliferation efforts in the SR–418 APRIL 19 former Soviet Union. Commerce, Science, and Transportation Time to be announced SD–419 To hold hearings on proposed legislation Governmental Affairs 2:30 p.m. concerning online privacy and protec- Business meeting to consider the nomi- Judiciary tion. nation of Paul A. Quander, Jr., of the Antitrust, Competition and Business and SR–253 District of Columbia, to be Director of Consumer Rights Subcommittee 2:30 p.m. the District of Columbia Offender Su- To hold hearings to examine cable com- Commerce, Science, and Transportation pervision, Defender, and Courts Serv- petition, focusing on the ATT-Comcast To hold hearings on the nomination of ices Agency, to occur immediately fol- merger. Harold D. Stratton, of New Mexico, to lowing the first Senate floor vote. SD–226 be a Commissioner of the Consumer S–211 Capitol Health, Education, Labor, and Pensions Product Safety Commission. 9:30 a.m. To hold hearings to examine the imple- SR–253 Commerce, Science, and Transportation mentation of the Elementary and Sec- Consumer Affairs, Foreign Commerce, and ondary Education Act, focusing on sta- MAY 2 Tourism Subcommittee tus and key issues. 9:30 a.m. To hold hearings to examine Canadian SD–430 Veterans’ Affairs wheat 301 decisions. To hold hearings to examine pending leg- SR–253 APRIL 24 islation. 9:30 a.m. SR–418 APRIL 23 Foreign Relations 2:30 p.m. 9:30 a.m. Western Hemisphere, Peace Corps and Nar- Judiciary Commerce, Science, and Transportation cotics Affairs Subcommittee To hold hearings to examine restruc- To hold hearings to examine generic To hold hearings to examine future rela- turing issues within the Immigration pharmaceuticals, focusing on market- tions between the United States and and Naturalization Service, Depart- place access and consumer issues. Colombia. ment of Justice. SR–253 SD–419 SD–226

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HIGHLIGHTS The House passed H.R. 476, Child Custody Protection Act. Senate Dayton Amendment No. 3097 (to Amendment Chamber Action No. 2917), to require additional findings for FERC Routine Proceedings, pages S2757–S2869 approval of an electric utility merger. Page S2763 Measures Introduced: Fifty-six bills and two reso- Schumer Amendment No. 3030 (to Amendment lutions were introduced, as follows: S. 2138–2193, No. 2917), to strike the section establishing a re- and S. Res. 244–245. Pages S2828–29 newable fuel content requirement for motor vehicle Energy Policy Act: Senate continued consideration fuel. Page S2763 of S. 517, to authorize funding for the Department Feinstein/Boxer Amendment No. 3115 (to of Energy to enhance its mission areas through tech- Amendment No. 2917), to modify the provision re- nology transfer and partnerships for fiscal years 2002 lating to the renewable content of motor vehicle fuel through 2006, taking action on the following to eliminate the required volume of renewable fuel amendments proposed thereto: for calendar year 2004. Page S2763 Pages S2763–S2820, S2857–69 Murkowski/Breaux/Stevens Amendment No. 3132 Pending: (to Amendment No. 2917), to create jobs for Ameri- Daschle/Bingaman Further Modified Amendment cans, to reduce dependence on foreign sources of No. 2917, in the nature of a substitute. crude oil and energy, to strengthen the economic self Pages S2763–S2820, S2857–69 determination of the Inupiat Eskimos and to pro- Kerry/McCain Amendment No. 2999 (to Amend- mote national security. Pages S2763–S2820, S2857–69 ment No. 2917), to provide for increased average Stevens Amendment No. 3133 (to Amendment fuel economy standards for passenger automobiles No. 3132), to create jobs for Americans, to strength- and light trucks. Page S2763 en the United States steel industry, to reduce de- Dayton/Grassley Amendment No. 3008 (to pendence on foreign sources of crude oil and energy, Amendment No. 2917), to require that Federal and to promote national security. agencies use ethanol-blended gasoline and biodiesel- Pages S2763–S2820, S2857–69 blended diesel fuel in areas in which ethanol-blended A unanimous-consent-time agreement was reached gasoline and biodiesel-blended diesel fuel are avail- providing for further consideration of the bill at 9:45 able. Page S2763 a.m., on Thursday, April 18, 2002, with a vote on Lott Amendment No. 3028 (to Amendment No. the motion to close further debate on Stevens 2917), to provide for the fair treatment of Presi- Amendment No. 3133 (to Amendment No. 3132), dential judicial nominees. Page S2763 listed above, to occur at 11:45 a.m. Further, that Landrieu/Kyl Amendment No. 3050 (to Amend- Members have until 10:45 a.m., to file second de- ment No. 2917), to increase the transfer capability gree amendments. Page S2820 of electric energy transmission systems through par- Nominations Confirmed: Senate confirmed the fol- ticipant-funded investment. Page S2763 lowing nomination: Graham Amendment No. 3070 (to Amendment By a unanimous vote of 97 yeas (Vote No. 69), No. 2917), to clarify the provisions relating to the Lance M. Africk, of Louisiana, to be United States Renewable Portfolio Standard. Page S2763 District Judge for the Eastern District of Louisiana. Schumer/Clinton Amendment No. 3093 (to Pages S2757–58, S2869 Amendment No. 2917), to prohibit oil and gas drilling activity in Finger Lakes National Forest, Messages From the House: Pages S2827–28 New York. Page S2763 Measures Referred: Page S2828 D343

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Additional Cosponsors: Pages S2829–30 work, and Paul A. Hackenberry, Acting Director, Statements on Introduced Bills/Resolutions: Federal Law Enforcement Training Center, all of the Pages S2830–51 Department of the Treasury. Additional Statements: Pages S2820–27 HOMELAND SECURITY AND Amendments Submitted: Pages S2851–56 INFORMATION SHARING Authority for Committees to Meet: Pages S2856–57 Committee on the Judiciary: Subcommittee on Admin- istrative Oversight and the Courts concluded hear- Privilege of the Floor: Page S2857 ings to examine the effective use and necessary up- Record Votes: One record vote was taken today. grades of information technology to provide a tool (Total—69) Page S2757–58 for collaboration among federal agencies and federal, state, and local law enforcement to share information Adjournment: Senate met at 10 a.m., and ad- in order to ensure homeland defense, after receiving journed at 10:33 p.m., until 9:45 a.m., on Thursday, testimony from Vance Hitch, Chief Information Of- April 18, 2002. ficer, Justice Management Division, Robert J. Jor- dan, Director, Information Sharing Task Force, Fed- Committee Meetings eral Bureau of Investigation, and Scott O. Hastings, Associate Commissioner, Office of Information Re- (Committees not listed did not meet) sources Management, Immigration and Naturaliza- tion Service, all of the Department of Justice; Leon APPROPRIATIONS—MISSILE DEFENSE E. Panetta, Panetta Institute, Monterey Bay, Cali- Committee on Appropriations: Subcommittee on Defense fornia, former White House Chief of Staff; and George J. Terwilliger III, White and Case, former concluded hearings on proposed budget estimates for Deputy Attorney General, Department of Justice, fiscal year 2003 for the missile defense program Philip Anderson, Center for Strategic and Inter- budget, after receiving testimony from Lt. Gen. national Studies, and Paul C. Light, Brookings Insti- Ronald T. Kadish, USAF, Director, Missile Defense tution, all of Washington, D.C. Agency, Department of Defense. APPROPRIATIONS—SECRETARY OF THE WAR POWERS RESOLUTION SENATE/ARCHITECT OF THE CAPITOL Committee on the Judiciary: Subcommittee on Constitu- tion, Federalism, and Property Rights concluded Committee on Appropriations: Subcommittee on Legisla- hearings to examine the balance of war powers au- tive Branch concluded hearings on proposed budget thority under the Constitution as it relates to our estimates for fiscal year 2003, after receiving testi- fight against terrorism, the cooperation between the mony in behalf of funds for their respective activities White House and Congress in exercising shared war from Jeri Thomson, Secretary of the Senate; and powers authority, and the application of the use-of- Alan M. Hantman, Architect of the Capitol. force resolution, after receiving testimony from John C. Yoo, Deputy Assistant Attorney General, Office APPROPRIATIONS—CNCS of Legal Counsel, Department of Justice; Louis Fish- Committee on Appropriations: Subcommittee on VA, er, Senior Specialist, Congressional Research Service, HUD, and Independent Agencies concluded hearings Library of Congress; Douglas Kmiec, Catholic Uni- on proposed budget estimates for fiscal year 2003 for versity of America School of Law, Alton Frye, Coun- the Corporation for National and Community Serv- cil on Foreign Relations, and Jane Stromseth, Georgetown University Law Center, all of Wash- ice, after receiving testimony from Leslie Lenkowsky, ington, D.C.; Ruth Wedgwood, Yale Law School, Chief Executive Officer, Corporation for National New Haven, Connecticut; and Michael J. Glennon, and Community Service. University of California Law School, Davis, Cali- APPROPRIATIONS—TREASURY LAW fornia, on behalf of the Woodrow Wilson Inter- ENFORCEMENT national Center for Scholars. Committee on Appropriations: Subcommittee on Treas- NOMINATION ury and General Government concluded hearings on Select Committee on Intelligence: Committee concluded proposed budget estimates for fiscal year 2003, after hearings on the nomination of John Leonard receiving testimony in behalf of funds for their re- Helgerson, of Virginia, to be Inspector General, Cen- spective activities, from Jimmy Gurule, Under Sec- tral Intelligence Agency, after the nominee testified retary for Enforcement, Brian L. Stafford, Director, and answered questions in his own behalf. U.S. Secret Service, Bradley A. Buckles, Director, Also, the committee also concluded closed hear- Bureau of Alcohol, Tobacco, and Firearms, James F. ings on intelligence matters, after receiving testi- Sloan, Director, Financial Crimes Enforcement Net- mony from officials of the intelligence community.

VerDate 11-MAY-2000 05:44 Apr 18, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 5627 E:\CR\FM\D17AP2.REC pfrm11 PsN: D17AP2 April 17, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D345 House of Representatives modity programs; and to insist upon an increase in Chamber Action funding for conservation programs, in effect as of Measures Introduced: 15 public bills, H.R. January 1, 2002, that are extended by title II of the 4466–4480; and 1 resolution, H. Con. Res. 380, Senate amendment; and research programs that are were introduced. Pages H1409–10 amended or established by title VII of the House Reports Filed: Reports were filed today as follows: bill or title VII of the Senate amendment. Pursuant H. Res. 390, providing for consideration of the to clause 8 of rule XX, the Chair postponed the vote Senate amendment to H.R. 586, to amend the Inter- on the motion. Pages H1373–79 nal Revenue Code of 1986 to provide that the exclu- Notice to Offer Motions to Instruct Conferees on sion from gross income for foster care payments shall the Farm Security Act: Pursuant to clause 7(c) of also apply to payments by qualified placement agen- rule XXII, the following members intend to offer cies (H. Rept. 107–412). Page H1409 motions tomorrow to instruct conferees on H.R. Speaker Pro Tempore: Read a letter from the 2646, an act to provide for the continuation of agri- Speaker wherein he appointed Representative cultural programs through fiscal year 2011. Rep- Shimkus to act as Speaker pro tempore for today. resentative Dooley announced his intention to offer Page H1341 a motion to instruct conferees to agree to the provi- sions contained in section 335 of the Senate amend- Guest Chaplain: The prayer was offered by the ment, relating to agricultural trade with Cuba. guest Chaplain, Rev. Norvel Goff, Sr., Baber African Pages H1373–79, H1379–82 Methodist Episcopal Church of Rochester, New Representative Baca announced his intention to York. Page H1341 offer a motion to instruct conferees to agree to provi- Journal: The House agreed to the Speaker’s approval sions contained in Section 452 of the Senate amend- of the Journal of Tuesday, April 16 by a yea-and- ment, relating to restoration of benefits to children, nay vote of 361 yeas to 51 nays, Roll No. 98. legal immigrants who work, refugees, and the dis- Page H1341, H1373 abled. Page H1379 Child Custody Protection Act: The House passed Recess: The House recessed at 2:41 p.m. and recon- H.R. 476, to amend title 18, United States Code, to vened at 5:11 p.m. Page H1379 prohibit taking minors across State lines in cir- Quorum Calls—Votes: One yea-and-nay vote and cumvention of laws requiring the involvement of two recorded votes developed during the proceedings parents in abortion decisions by a recorded vote of of the House today and appear on pages H1371–72, 260 ayes to 161 noes, Roll No. 97. Pages H1351–73 H1372, and H1373. There were no quorum calls. Rejected the Jackson-Lee of Texas motion that sought to recommit the bill to the Committee on Adjournment: The House met at 12:30 p.m. and the Judiciary with instructions to report it back to adjourned at 9:37 p.m. the House forthwith with an amendment that ex- empts an adult sibling, grandparent, minister, rabbi, Committee Meetings pastor, priest, or other religious leader from provi- sions prohibiting the transportation of minors in cir- COMMERCE, JUSTICE, STATE AND cumvention of certain laws relating to abortion by a JUDICIARY APPROPRIATIONS yea-and-nay vote of 173 yeas to 246 nays, Roll No. Committee on Appropriations: Subcommittee on Com- 96. Pages H1369–72 merce, Justice, State and Judiciary held a hearing on H. Res. 388, the rule that provided for consider- SEC, and on FCC. Testimony was heard from Har- ation of the bill, was agreed to by voice vote. vey Pitts, Chairman, SEC; and Michael Powell, Pages H1345–51 Chairman, FCC. Motion to Instruct Conferees on the Farm Secu- rity Act—Proceedings Postponed: The House INTERIOR APPROPRIATIONS completed debate on the Smith of Michigan motion Committee on Appropriations: Subcommittee on Interior to instruct conferees on H.R. 2646, an act to provide held an oversight hearing on Energy Research-Meas- for the continuation of agricultural programs uring Success. Testimony was heard from Mark W. through fiscal year 2011, to agree to the provisions Everson, Controller, OMB; the following officials of contained in section 169(a) of the Senate amend- the Department of Energy: Carl Michael Smith, As- ment, relating to payment limitations for com- sistant Secretary, Fossil Energy; and David K.

VerDate 11-MAY-2000 05:44 Apr 18, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D17AP2.REC pfrm11 PsN: D17AP2 D346 CONGRESSIONAL RECORD — DAILY DIGEST April 17, 2002 Garman, Assistant Secretary, Energy Efficiency and VA, HUD, AND INDEPENDENT AGENCIES Renewable Energy; and a public witness. APPROPRIATIONS Committee on Appropriations: Subcommittee on VA, LABOR, HHS, AND EDUCATION HUD and Independent Agencies held a hearing on APPROPRIATIONS NASA. Testimony was heard from Sean O’Keefe, Committee on Appropriations: Subcommittee on Labor, Administrator, NASA. Health and Human Services, and Education held a MEDICARE PRESCRIPTION DRUG BENEFIT hearing on Department of Education Panel: Founda- tions for Learning. Testimony was heard from the Committee on Energy and Commerce: Subcommittee on following officials of the Department of Education: Health held a hearing entitled ‘‘Creating a Medicare Susan B. Neuman, Assistant Secretary, Elementary Prescription Drug Benefit: Assessing Efforts to Help and Secondary Education; Robert H. Pasternack, As- America’s Low-Income Seniors.’’ Testimony was sistant Secretary, Special Education and Rehabilita- heard from Mark McClellan, M.D., member, Council of Economic Advisers; and public witnesses. tion Services; Grover J. Whitehurst, Assistant Sec- retary, Educational Research and Improvement; and FEDERAL DEPOSIT REFORM ACT Wade Horn, Assistant Secretary, Administration on Committee on Financial Services: Ordered reported, as Children and Families, Department of Health and amended, H.R. 3717, Federal Deposit Insurance Re- Human Services. form Act of 2002. MILITARY CONSTRUCTION AIDS—CHILDREN IN AFRICA APPROPRIATIONS Committee on International Relations: Held a hearing on Committee on Appropriations: Subcommittee on Mili- AIDS Orphans and Vulnerable Children in Africa: tary Construction held a hearing on Budget Over- Identifying the Best Practices for Care, Treatment, view. Testimony was heard from the following offi- and Prevention. Testimony was heard from Anne Pe- cials of the Department of Defense: Ray Dubois, terson, Assistant Administrator, Bureau for Global Deputy Under Secretary, Installations and Environ- Health, AID, Department of State; Ken Casey, Spe- ment; and Dov S. Zakheim, Under Secretary and cial Representative to the President for HIV/AIDS; Comptroller/Chief Financial Officer. and public witnesses. NATO FUTURE TRANSPORTATION APPROPRIATIONS Committee on International Relations: Subcommittee on Committee on Appropriations: Subcommittee on Trans- Europe held a hearing on The Future of NATO and portation held a hearing on the Transportation Secu- Enlargement. Testimony was heard from Jeanne J. rity Administration. Testimony was heard from the Kirkpatrick, former Ambassador to the United Na- following officials of the Department of Transpor- tions, Department of State; Lt. Gen. William E. tation: Michael Jackson, Deputy Secretary; and Ken- Odom, USA, (Ret.) former Director of NSA, Depart- neth M. Mead, Inspector General; and public wit- ment of Defense; and public witnesses. nesses. MISCELLANEOUS MEASURES The Subcommittee also met in executive session to continue hearings on the Transportation Security Committee on the Judiciary: Subcommittee on Immi- Administration. Testimony was heard from the fol- gration and Claims approved for full Committee ac- lowing officials of the Department of Transportation: tion the following bills: H.R. 2623, Posthumous Stephen McHale, Deputy Under Secretary, Security; Citizenship Restoration Act of 2001; H.R. 3214, to Kenneth M. Mead, Inspector General; and Adm. amend the chapter of the AMVETS organization; James M. Loy, USCG, Commandant, U.S. Coast H.R. 3838, to amend the charter of the Veterans of Guard. Foreign Wars of the United States organization to make members of the armed forces who receive spe- TREASURY, POSTAL SERVICES, AND cial pay for duty subject to hostile fire or imminent danger eligible for membership in the organization; GENERAL GOVERNMENT APPROPRIATIONS H.R. 3988, to amend title 36, United States Code, Committee on Appropriations: Subcommittee on Treas- to clarify the requirements for eligibility in the ury, Postal Service and General Government held a American Legion; S.J. Res. 13, conferring honorary hearing on Secretary of the Treasury. Testimony was citizenship of the United States on Paul Yves Roch heard from Paul H. O’Neill, Secretary of the Treas- Gilbert du Motier, also known as the Marquis de La- ury. fayette.

VerDate 11-MAY-2000 05:44 Apr 18, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D17AP2.REC pfrm11 PsN: D17AP2 April 17, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D347 The Subcommittee also approved private relief CLIMATE RESEARCH AND TECHNOLOGY bills. INITIATIVES—NEW DIRECTIONS Committee on Science: Held a hearing on New Direc- MISCELLANEOUS MEASURES tions for Climate Research and Technology Initia- Committee on Resources: Held a hearing on the fol- tives. Testimony was heard from public witnesses. lowing bills: H.R. 103, Tribal Sovereignty Protec- MISCELLANEOUS MEASURES tion Act; H.R. 3534, Cherokee, Choctaw, and Chickasaw Nations Claims Settlement Act; and H.R. Committee on Small Business: Ordered reported the fol- 3476, to protect certain lands held in fee by the lowing bills: H.R. 4231, Small Business Advocacy Pechanga Band of Luiseno Mission Indians from con- Improvement Act; H.R. 2867, Small Business Op- portunity Enhancement Act of 2001; and S. 174, demnation until a final decision is made by the Sec- amended, Microloan Program Improvement Act of retary of the Interior regarding a pending fee to 2001. trust application for that land. Testimony was heard from Representative Issa; Jim Brulte, Senator, State HOW TRANSIT SERVES AND BENEFITS U.S. of California; Wayne Smith, Deputy Assistant Sec- COMMUNITIES retary, Indian Affairs, Bureau of Indian Affairs, De- Committee on Transportation and Infrastructure: Sub- partment of the Interior; and public witnesses. committee on Highways and Transit held a hearing on How Transit Serves and Benefits U.S. Commu- MISCELLANEOUS MEASURES nities. Testimony was hearing on Jenna Dorn, Ad- Committee on Resources: Subcommittee on Fisheries ministrator, Federal Transit Administration, Depart- Conservation, Wildlife and Oceans approved for full ment of Transportation; JayEtta Hecker, Director, Committee action the following bills: H.R. 3558, Physical Infrastructure Issues, GAO; and public wit- Species Protection and Conservation of the Environ- nesses. ment Act; H.R. 3908, amended, North American OVERSIGHT—WATER RESOURCES AND Wetlands Conservation Reauthorization Act; and DEVELOPMENT ACT PROPOSALS H.R. 4044, amended, authorize the Secretary of the Committee on Transportation and Infrastructure: Sub- Interior to provide assistance to the State of Mary- committee on Water Resources and Environment land for implementation of a program to eradicate continued oversight hearings on Proposals for a nutria and restore marshland damaged by nutria. Water Resources Development Act of 2002. Testi- mony was heard from Representatives Matsui, Tau- MOTION TO CONCUR IN SENATE zin, Visclosky, Woolsey, Underwood, Shimkus, Car- AMENDMENT WITH AN AMENDMENT TO son of Indiana, Crowley, Gonzalez and Acevedo-Vila. THE FAIRNESS FOR FOSTER CARE FAMILIES INTEGRATING PRESCRIPTION DRUGS ACT INTO MEDICARE Committee on Rules: Granted, by a vote of 6 to 3, a Committee on Ways and Means: Held a hearing on In- rule providing for a motion offered by the chairman tegrating Prescription Drugs into Medicare. Testi- of the Committee on Ways and Means or his des- mony was heard from Tommy G. Thompson, Sec- ignee that the House concur in the Senate amend- retary of Health and Human Services; David M. ment to H.R. 586, Fairness for Foster Care Families Walker, Comptroller General, GAO; and public wit- Act of 2001, with the amendment printed in the re- nesses. port of the Committee on Rules accompanying the resolution. The rule waives all points of order against WATER QUALITY FINANCING ACT consideration of the motion to concur in the Senate Committee on Ways and Means: Ordered reported, as amendment with an amendment. The rule provides amended, H.R. 3930, Water Quality Financing Act 1 hour of debate in the House equally divided and of 2002. controlled by the chairman and ranking minority BRIEFING—U.S. INTELLIGENCE member of the Committee on Ways and Means. Fi- RELATIONSHIPS—PARTIES IN ISRAELI- nally, the rule provides that the previous question PALESTINIAN CONFLICT shall be considered as ordered on the motion to final Permanent Select Committee on Intelligence: Met in execu- adoption without intervening motion or demand for tive session to hold a briefing regarding U.S. intel- division of the question. Testimony was heard from ligence relationships with parties in the Israeli-Pales- Chairman Thomas and Representatives Rangel, Tan- tinian conflict. The Committee was briefed by de- ner, Turner and Phelps. partmental briefers.

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Joint Meetings Committee on Finance: to hold hearings to examine cor- porate governance and executive compensation, 9:30 a.m., MONETARY POLICY/ECONOMIC OUTLOOK SD–215. Joint Economic Committee: Committee concluded hear- Committee on Governmental Affairs: to hold hearings to ings to examine the monetary policy and economic examine the state of public health preparedness for ter- outlook in the context of the current economic situa- rorism involving weapons of mass destruction, 9:30 a.m., tion, focusing on the economic rebound now under- SD–342. way, after receiving testimony from Alan Greenspan, Committee on Health, Education, Labor, and Pensions: to Chairman, Board of Governors, Federal Reserve Sys- hold hearings to examine workplace injury issues, 10 tem. a.m., SD–430. Committee on the Judiciary: business meeting to consider f pending calendar business, 10 a.m., SD–226. COMMITTEE MEETINGS FOR THURSDAY, APRIL 18, 2002 House (Committee meetings are open unless otherwise indicated) Committee on Appropriations, Subcommittee on Com- merce, Justice, State and Judiciary, on Bureau of Prisons, Senate 10 a.m., H–309 Capitol. Committee on Appropriations: Subcommittee on Energy Subcommittee on District of Columbia, on Economic and Water Development, to hold hearings on the pro- Development, 1:30 p.m., 2362 Rayburn. posed budget estimates for fiscal year 2003 for the Office Subcommittee on Foreign Operations, Export Financ- of Environmental Management and the Office of Energy ing and Related Programs, on Fiscal Year 2002 Supple- Efficiency and Renewable Energy, Department of Energy, mental and Fiscal Year 2003 Regular Appropriations Re- 10 a.m., SD–138. quests for Security Assistance and Assistance to the Front Subcommittee on Treasury and General Government, Line States, 9:30 a.m., 2359 Rayburn. to continue hearings on the proposed budget estimates for Subcommittee on Interior, on Congressional Witnesses, fiscal year 2003 for certain law enforcement activities, 10 a.m., B–308 Rayburn. 2:30 p.m., SD–192. Subcommittee on Labor, Health and Human Services, Committee on Commerce, Science, and Transportation: busi- and Education, on Congressional Witnesses, 9:45 a.m., ness meeting to consider S. 1991, to establish a national 2358 Rayburn. rail passenger transportation system, reauthorize Amtrak, Subcommittee on Treasury, Postal Service and General improve security and service on Amtrak; S. 2039, to ex- Government, on Customs/Trade Issue, 9:30 a.m., 2358 pand aviation capacity in the Chicago area; S. 1220, to Rayburn. authorize the Secretary of Transportation to establish a Subcommittee on VA, HUD and Independent Agen- grant program for the rehabilitation, preservation, or im- cies, on American Battle Monuments Commission, 9:30 provement of railroad track; S. 1739, to authorize grants a.m., on Consumer Product Safety Commission, 10:30 to improve security on over-the-road buses; S. 1750, to a.m., and on Chemical Safety and Hazard Investigation make technical corrections to the HAZMAT provisions of Board, 11:30 a.m., H–143 Capitol. the USA PATRIOT Act; S. 1871, to direct the Secretary Committee on Education and the Workforce, Subcommittee of Transportation to conduct a rail transportation security on 21st Century Competitiveness, to mark up H.R. 4092, risk assessment; H.R. 2546, to amend title 49, United Working Toward Independence Act of 2002, 9:30 a.m., States Code, to prohibit States from requiring a license 2175 Rayburn. or fee on account of the fact that a motor vehicle is pro- Subcommittee on Education Reform, hearing on Spe- viding interstate pre-arranged ground transportation serv- cial Education Finance at the Federal, State and Local ice; and pending nominations, 9:30 a.m., SR–253. Levels, 2 p.m., 2261 Rayburn. Committee on Energy and Natural Resources: Subcommittee Committee on Energy and Commerce, Subcommittee on on National Parks, to hold hearings on S. 1441/H.R. Commerce, Trade, and Consumer Protection, hearing on 695, to establish the Oil Region National Heritage Area; H.R. 2037, Protection of Lawful Commerce in Arms Act, S. 1526, to establish the Arabia Mountain National Her- 9:30 a.m., 2322 Rayburn. itage Area in the State of Georgia; S. 1638, to authorize Subcommittee on Energy and Air Quality, hearing en- the Secretary of the Interior to study the suitability and titled ‘‘A Review of the President’s Recommendation to feasibility of designating the French Colonial Heritage Develop a Nuclear Waste Repository at Yucca Mountain, Are in the State of Missouri as a unit of the National Nevada,’’ 9:30 a.m., 2123 Rayburn.

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Committee on Financial Services, Subcommittee on Do- Committee on Resources, Subcommittee on Energy and mestic Monetary Policy, Technology, and Economic Mineral Resources, oversight hearing on ‘‘Oil and Gas Growth, hearing entitled ‘‘Encouraging Capital Formation Resource Assessment Methodology,’’ 10 a.m., 1334 Long- in Key Sectors of the Economy,’’ 10 a.m., 2128 Rayburn. worth. Committee on Government Reform, hearing on ‘‘The Au- Subcommittee on National Parks, Recreation and Pub- tism Epidemic—Is the NIH and CDC Response Ade- lic Lands, to mark up the following bills: H.R. 1906, to quate?’’ 1 p.m., 2154 Rayburn. amend the Act that established the Pu’uhonua O Committee on International Relations, Subcommittee on Honaunau National Park to expand the boundaries of Africa, hearing on The Chad-Cameroon Pipeline: A New that park: H.R. 2388, National Heritage Areas Policy Model for Natural Resource Development, 2 p.m., 2172 Act of 2001; H.R. 2643, Fort Clatsop Memorial Expan- Rayburn. sion Act of 2001; H.R. 2818, to authorize the Secretary Subcommittee on the Middle East and South Asia, of the Interior to convey certain public land within the hearing on Words Have Consequences: The Impact of In- Sand Mountain Wilderness Study Area in the State of citement Anti-American and Anti-Semitic Propaganda on Idaho to resolve an occupancy encroachment dating back American Interests in the Middle East, 11 a.m., 2172 to 1971; H.R. 3258, Reasonable Right-of-Way Fees Act Rayburn. of 2001; H.R. 3307, Vicksburg National Military Park Committee on the Judiciary, to mark up the following Boundary Modification Act; and H.R. 3936, to designate measures: H.R. 1577, Federal Prison Industries Competi- and provide for the management of the Shoshone Na- tion in Contracting Act of 2001; H.R. 1877, Child Sex tional Recreation Trail, 2 p.m., 1334 Longworth. Wiretapping Act of 2001; H.R. 2624, Law Enforcement Committee on Science, Subcommittee on Space and Aero- nautics, hearing on Space Shuttle and Space Launch Ini- Tribute Act; H.R. 3375, Embassy Employee Compensa- tiative, 10 a.m., 2318 Rayburn. tion Act; H.R. 3892, Judicial Improvements Act of Committee on Transportation and Infrastructure, Sub- 2002; H.R. 3482, Cyber Security Enhancement Act of committee on Aviation, to mark up the following: the 2001; H.R. 2054, To give the consent of Congress to an National Transportation Safety Board Reauthorization; agreement or compact between Utah and Nevada regard- H.R. 1979, to amend title 49, United States Code, to ing a change in the boundaries of those States; H.R. provide assistance for the construction of certain air traffic 1448, to clarify the tax treatment of bonds and other ob- control towers; and Airport Project Streamlining, 10:30 ligations issues by the Government of American Samoa; a.m., 2167 Rayburn. H.R. 3180, To consent to certain amendments to the Subcommittee on Economic Development, Public New Hampshire-Vermont Interstate School Compact; Buildings and Emergency Management, hearing on H.R. H.R. 2621, Consumer Product Protection Act of 2001; 3947, Federal Property Asset Management Reform Act of H.R. 3215, Combating Illegal Gambling Reform and 2002, 10 a.m., 2253 Rayburn. Modernization Act; H.R. 2068, To revise, codify, and Committee on Veterans’ Affairs, Subcommittee on Bene- enact without substantive change certain general and per- fits, hearing on H.R. 4015, Jobs for Veterans Act, 9 a.m., manent laws, related to public buildings, property, and 334 Cannon. works, as title 40, United States Code, ‘‘Public Buildings, Committee on Ways and Means, Subcommittee on Property, and Works;’’ H.R. 1452, Family Reunification Human Resources, to mark up H.R. 4090, Personal Re- Act of 2001; and private claims bills, 10 a.m., 2141 Ray- sponsibility, Work, and Family Promotion Act of 2002, burn. 11 a.m., B–318 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Thursday, April 18 10 a.m., Thursday, April 18

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of Smith of ation of S. 517, Energy Policy Act, with a vote on the Michigan Motion to Instruct Conferees on H.R. 2646, motion to close further debate on Stevens Amendment Farm Security Act of 2002 (vote on motion); No. 3133 (to Amendment No. 3132) to occur at 11:45 Consideration of a motion to concur in the Senate a.m. amendment with an amendment to H.R. 586, Tax Relief Guarantee Act of 2002 ( one hour of general debate); Consideration of Dooley Motion to Instruct Conferees on H.R. 2646, Farm Security Act of 2002 (one hour of general debate); and Consideration of Baca Motion to Instruct Conferees on H.R. 2646, Farm Security Act of 2002 (one hour of gen- eral debate).

Extensions of Remarks, as inserted in this issue

HOUSE Hayes, Robin, N.C., E560 Pelosi, Nancy, Calif., E549 Herger, Wally, Calif., E562 Putnam, Adam H., Fla., E561 Baird, Brian, Wash., E559 Holt, Rush D., N.J., E565 Radanovich, George, Calif., E550, E550, E552 Barr, Bob, Ga., E564 Horn, Stephen, Calif., E549 Riley, Bob, Ala., E551, E552 Bentsen, Ken, Tex., E549, E550, E551, E555 Jones, Stephanie Tubbs, Ohio, E560 Ryan, Paul, Wisc., E549 Chabot, Steve, Ohio, E552 Kind, Ron, Wisc., E560 Sawyer, Tom, Ohio, E550, E552 Clement, Bob, Tenn., E551, E555, E560 Knollenberg, Joe, Mich., E553 Schaffer, Bob, Colo., E551, E555 Conyers, John, Jr., Mich., E561 Kucinich, Dennis J., Ohio, E561 Serrano, Jose´ E., N.Y., E559 Cramer, Robert E. (Bud), Jr., Ala., E555 LaFalce, John J., N.Y., E560 Smith, Nick, Mich., E564 Crowley, Joseph, N.Y., E556 Lantos, Tom, Calif., E565 Solis, Hilda L., Calif., E561 Dingell, John D., Mich., E549 Levin, Sander M., Mich., E560 Stupak, Bart, Mich., E558, E559 Dunn, Jennifer, Wash., E560 Lewis, Ron, Ky., E561 Tiahrt, Todd, Kans., E557 Engel, Eliot L., N.Y., E556 McCarthy, Carolyn, N.Y., E557 Toomey, Patrick J., Pa., E556 Eshoo, Anna G., Calif., E565 McCollum, Betty, Minn., E563 Udall, Mark, Colo., E558 Ferguson, Michael, N.J., E551 McNulty, Michael R., N.Y., E563 Udall, Tom, N.M., E554 Graves, Sam, Mo., E557 Matsui, Robert T., Calif., E560 Walsh, James T., N.Y., E552 Green, Mark, Wisc., E565 Northup, Anne M., Ky., E551 Watts, J.C., Jr., Okla., E562 Greenwood, James C., Pa., E562 Norton, Eleanor Holmes, D.C., E553 Harman, Jane, Calif., E563 Oxley, Michael G., Ohio, E557

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