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

Vol. 147 WASHINGTON, TUESDAY, NOVEMBER 6, 2001 No. 152 House of Representatives The House met at 12:30 p.m. and was In the wake of the events that have working for months to develop a clear called to order by the Speaker pro tem- occurred since September 11, there has outline and plan for security measures pore (Mr. CULBERSON). never been a more pressing need for the that do not compromise livability. f Federal Government and other part- It has been apparent of the need for ners in the private sector to link hands DESIGNATION OF SPEAKER PRO this action since the closing of Penn- with neighbors, civic and business lead- TEMPORE sylvania Avenue in front of the White ers to assure that our families are safe, House after the Oklahoma City bomb- The SPEAKER pro tempore laid be- healthy and economically secure. It is ing. This sort of temporary action is fore the House the following commu- essential that we accomplish these ob- still in place 6 years later. Security nication from the Speaker: jectives without unnecessarily bur- measures that may have made sense WASHINGTON, DC, dening the normal everyday functions temporarily have led to a seemingly November 6, 2001. of our communities. permanent closure that has created I hereby appoint the Honorable JOHN Here in our Nation’s capital, Con- costly traffic problems and a blighted ABNEY CULBERSON to act as Speaker pro tem- gress and the Federal Government have pore on this day. scene in front of the home of our Presi- the opportunity to lead by example and J. DENNIS HASTERT, dent. be a productive partner in working Speaker of the House of Representatives. The task force outlines several steps with the District of Columbia, local f that can be taken to ensure the safety business leaders and concerned citizens of Federal buildings and national MORNING HOUR DEBATES to meet our needs. We need to work to- monuments. The report calls for a mas- gether to protect our national treas- The SPEAKER pro tempore. Pursu- ter design that achieves the same secu- ures up and down the Mall, our employ- ant to the order of the House of Janu- rity objectives of the items that we ees’ offices and the transportation ary 3, 2001, the Chair will now recog- currently see littered all over the Cap- routes without suffocating the city’s nize Members from lists submitted by itol complex, concrete barriers, ability to operate. the majority and minority leaders for bollards and steel posts, without mak- Security measures can have a dev- morning hour debates. The Chair will ing it look like it would be a burial astating effect on communities. Look alternate recognition between the par- ground for chunks of concrete. ties, with each party limited to not to at the extended closure of National exceed 30 minutes, and each Member, Airport that has resulted in the loss of The task force report also stresses except the majority leader, the minor- hundreds of jobs, perhaps some perma- transportation concerns that have de- ity leader, or the minority whip, lim- nently, and the displacement of thou- veloped as a result of road closings. It ited to not to exceed 5 minutes. sands of others. The roads that have proposes a fascinating solution dealing The Chair recognizes the gentleman been closed around the Capitol and the with the circulator system of either from Oregon (Mr. BLUMENAUER) for 5 White House have snarled traffic and buses or streetcars that would allow minutes. frustrated commuters. for safe and secure transport of people throughout the downtown, the Mall f We are well aware that we will never return in our lifetime to the pre-Sep- and the Capitol area. Such a circulator DESIGNING FOR SECURITY IN THE tember 11 mindset. Therefore, it is crit- system could help reduce traffic con- NATION’S CAPITAL ical that we take a long-term view to gestion, allow for the removal of park- Mr. BLUMENAUER. Mr. Speaker, make sure that our safety concerns are ing spaces in areas of security concern the atmosphere in many cities today is planned in a manner that do not make and improve traffic flow while all the one of apprehension and anxiety. We things worse. We cannot allow ter- time improving air quality, saving en- can witness this right outside the doors rorism to destroy our sense of commu- ergy and making it a more appropriate, of this Capitol by the hundreds of jer- nity or the ability of those commu- enjoyable experience for visitors to our sey barriers and concrete blocks that nities to serve us. Nation’s capital. surround these buildings and the street With this in mind, the report of the The task force will have a real dollar closures around the White House and Interagency Task Force of the Na- impact if its proposals are put in place; our offices. Safety is of vital impor- tional Planning Commission issued last but to put in context, the expenditure tance, but we must remain aware of week titled ‘‘Designing for Security in of perhaps a hundred billion dollars in the effect that hasty and poorly the Nation’s Capital’’ deserves our spe- the context of billions of dollars al- planned actions can have on the liv- cial attention. The task force began ready lost and billions more that are ability of our communities. meeting far before the recent attacks, proposed for security measures, this

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 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.000 pfrm02 PsN: H06PT1 H7726 CONGRESSIONAL RECORD — HOUSE November 6, 2001 amount is a small price to pay to pro- the country after their visas had ex- ANTIBIOTIC RESISTANCE tect the public and our national treas- pired. Two were expected to have en- The SPEAKER pro tempore. Under ures in a manner that does not hold tered on foreign student visas and the the Speaker’s announced policy of Jan- this local community hostage. INS has no information on the six re- uary 3, 2001, the gentleman from Ohio I urge my colleagues to examine maining hijackers. As such, we can (Mr. BROWN) is recognized during morn- these proposals and the funding of this keep enacting legislation and, of ing hour debates for 5 minutes. plan. I am not suggesting that it nec- course, spend more money; but efforts Mr. BROWN of Ohio. Mr. Speaker, in essarily needs to be the final answer, to counter terrorism will be futile un- response to the emergent threats of but it is an important first step to keep less we establish effective controls to bioterrorism, Congress will take con- our Nation’s capital and its citizens secure our boarders and points of crete steps in the coming weeks to safe, healthy and economically secure entry. strengthen our Nation’s public health while we assure that Timothy McVeigh Each year there are more than 300 infrastructure. To fully prepare for the and Osama bin Laden are not the domi- million border crossings in the United potential bioterrorist attacks, we will nant forces in American landscape ar- States. These are just the legal cross- have to deal with a wide variety of pub- chitecture, public space and transpor- ings that are recorded. While there are lic health issues including vaccinations tation for the next 50 years. 9,000 border control agents working to and food safety and government stock- f keep America secure on the U.S.-Mexi- piling of antibiotics. In doing so, we STRENGTHENING IMMIGRATION can border, there are less than 500 must not forget to address the issue of agents tasked with securing our 4,000- antibiotic resistance. The SPEAKER pro tempore. Under mile border with Canada. The links between antibiotic resist- the Speaker’s announced policy of Jan- To make matters even worse, out of ance and bioterrorism are clear. Anti- uary 3, 2001, the gentleman from Flor- the 128 ports on the northern border, biotic resistant strains of anthrax or ida (Mr. STEARNS) is recognized during only 24 of them are open around the other bacterial agents would be ex- morning hour debates for 5 minutes. clock. The remaining are not even tremely lethal biological weapons, and Mr. STEARNS. Mr. Speaker, Presi- manned, thereby allowing anyone with they are already a reality. dent Bush signed into law the good or evil intentions to enter into According to the Journal of the antiterrorism bill. This new law con- the United States without even so American Medical Association, during tains many provisions that will in- much as an inspection, not to mention the Cold War, Russian scientists engi- crease the ability of law enforcement, even a question or a record of their neered an anthrax strain that was re- intelligence and other government entry. sistant to the tetracycline and peni- agencies to combat terrorism. While A recent report by the nonprofit or- cillin classes of antibiotics. We can this legislation is an important critical ganization, the Center on Immigration only assume that anthrax and other piece, although some may say con- Studies, indicates that there are more bacterial agents could also be engi- troversial, in eradicating terrorism and than 8 million people now living in the neered to resist antibiotics, including ensuring the safety and prosperity of U.S. illegally. About 40 to 50 percent of new valuable antibiotic therapies like the American way of life to continue, these violators are people who entered Cipro. the war, my colleagues, cannot be won the United States legally, but did not Antibiotic resistance is also relevant without the key component of securing leave with the expiration of their visas. to the threat of bioterrorism in other our borders from those who wish to As it now stands, our immigration significant ways. The overuse and the cause us harm. misuse of antibiotics by physicians, pa- The values and ideals of this Nation system needs increased and tighter controls. Currently our Nation has an tients, and hospitals renders bacterial are built on the contribution and sac- agents more resistant to the antibiotic rifices of immigrants who journeyed unmonitored, nonimmigrant visa sys- tem in which 7.1 million tourists, busi- drugs that they are exposed to and across the oceans for a better way of could leave the Nation poorly prepared life that could only be found in this ness visitors, foreign students, and temporary workers arrive. To date, the for a biological attack. land. As such, America has and always It is a vicious cycle because the INS does not have a reliable tracking will serve as a beacon of hope for those threat of bioterrorism can lead to the system to determine how many of in oppressed other lands. It is, after all, overuse and the abuse of antibiotics, these visitors left the country when the diverse nature of our people that people taking Cipro when they do not their visas expired. has made America such a great coun- need it, for example, which in turn try. Furthermore, among the 7.1 million could make these antibiotics less effec- However, those who violate our Na- nonimmigrants, 500,000 foreign nation- tive against the agents of bioterrorism. tion’s immigration laws do more harm als enter the United States on foreign During the last couple of months, than good in furthering our country’s student visas. Hani Hanjour, the person thousands of Americans have been pre- values. And it is those people we must who was believed to have piloted the scribed the antibiotic Cipro because of ensure that do not enter our country. American Airlines Flight 77 into the a legitimate risk of exposure to an- Take, for example, what happened Pentagon is believed to have entered thrax. That use of antibiotics is appro- nearly 2 years ago when a lone U.S. the country with a foreign student visa priate. But the thousands more who Customs agent working at a remote but never actually attended classes. have sought antibiotic prescriptions border post in Northwest Washington Mr. Speaker, our unsecure borders, for Cipro without any indication of foiled a terrorist attack on the Los An- along with inadequate record-keeping, need or even a risk of infection can be geles Airport. An alert Customs Serv- have contributed to our inability to a problem. ice inspector stopped and arrested track terrorism in our country, or to The widespread use of Cipro will kill Ahmed Ressam, a bin-Laden associate, prevent them from entering in the first bacteria that are susceptible to the in December of 1999 with a car load of place. I am encouraged by legislation drug, but will leave behind bacteria bomb-making material before he was being drafted in the Senate which aims that are not. Those bacteria that are allowed to enter into Washington State to strengthen our border security in not killed will then have the oppor- from Canada. Unfortunately, our luck the fight to counter terrorism. Addi- tunity to thrive and develop an even ran out with the tragic events of Sep- tionally, I am pleased that President greater resistance to Cipro, requiring tember 11. Bush announced that the White House an alternative antibiotic to kill them It now appears that some of the ter- wants to tighten immigration laws and and diminishing the overall effective- rorists involved in September 11 may requirements for student visas to deter ness of Cipro. have entered the U.S. from Canada, would-be terrorists from entering this Many pathogenic bacteria that cause much as Ahmed Ressam attempted country. severe human illnesses are already re- when he was arrested. I urge my colleagues to make tight- sistant to older antibiotics like peni- According to the INS records, 13 of ening our immigration laws and secur- cillin, as we all know. That is one rea- the 19 hijackers entered the U.S. with ing our borders a top priority in the son newer antibiotics like Cipro are valid visas. Three of the 13 remained in war against terrorism. used to treat dangerous infections.

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.002 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7727 With diseases like anthrax, it is impor- companies to do studies in how their Now, would the doctor not want to tant to find an effective therapy quick- drugs would affect young people, those know that before he gives Lodine, since ly. Any delay can result in the death of people under 18. Unfortunately, before it is used for juvenile rheumatoid ar- a patient, or in the case of a larger ex- this bill, drug companies did not nec- thritis, that the recommended dose is posure, in the deaths of thousands of essarily take into consideration a two times less than what is given for individuals. If the U.S. and the rest of drug’s effect upon children 18 and adults? The manufacturer was granted the world begin using Cipro hap- younger, so Congress granted them a the pediatric exclusivity on December hazardly, that antibiotic could lose its pediatric exclusivity which would 6, 1999, yet the information did not get effectiveness also. allow them to extend their patent for out to the doctors and patients and another 6 months to do a study. b 1245 their families until August. Now, when they get done with this Let us take this one right here. To adequately prepare for a bioter- study, what happens to the study? It BuSpar. It was approved on May 22 this rorist attack, State and local health goes to the FDA and sits there, but yet year for pediatric exclusivity. Two departments must be equipped to rap- the drug company gets the extension of months later the labeling change idly identify and respond to antibiotic- the patent. comes out. And what did it find? The resistant strains of anthrax and other From that study, we learned certain safety and effectiveness were not estab- lethal agents. things, such as the dosage of medicine lished in patients below the age of 18. And to ensure the continued efficacy to be given and symptoms we should In this drug here, they got the pedi- of our antibiotic stockpile, we must look for. What we found, since 1997, is atric exclusivity, and 2 months later isolate emerging antibiotic-resistant that 33 drugs have been granted pedi- they had to change their label to let pathogens, track antibiotic overuse atric exclusivity. Of the 33, 20 of them people know there really was no advan- and misuse, and monitor the effective- have done label changes. The other 13 tage. In fact, the safety and effective- ness of existing treatments over time. have not. Why not? ness was not established. I think that The problem we are concerned about Surveillance also provides the data would give a red light to doctors and is why we would grant pediatric exclu- needed to prioritize the research and patients that maybe this drug is not sivity prior to receiving the study. We development of new antibiotic treat- doing what it is supposed to be doing. should wait and not grant pediatric ex- ments. This one on the bottom, the Propofol clusivity until after we have the study, Drug-resistant pathogens are already Diprivan. Take a look at it. It is for an- we know what the dosage recommenda- a growing threat to every American. esthesia. When we take a look at it, it Examples of important microbes that tion should be, and then the product is labeled for pediatric use according to says it may result in serious are rapidly developing resistance to bradycardia. Propoful is not indicated available antimicrobials include the the study. So what we want to see is that the grant of pediatric exclusivity for pediatric ICU sedation, as safety bacteria that cause pneumonia, ear in- has not been established. Now, if I was fections, meningitis, and skin, bone, is tied into not only a study but also the necessary label changes. a medical professional, I am sure I lung or bloodstream infections. would want to know this. That list also includes food-borne in- It only makes sense. The doctors, the patients, their families should know Why does it take 18 months after the fections like salmonella, and the Na- grant of the pediatric exclusivity to tion’s food supply could be a future tar- what was found in those studies and what they need to know to make sure get the information out to the health get of bioterrorism. care professionals? Under last year’s Public Health that they are administering the drug in a proper way to young people. If we look closer at this, the inci- Threats and Emergencies Act, spon- The goal of pediatric exclusivity, the dence of mortality, it is 9 percent sored by the gentleman from North FDA has been quoted as saying, is the versus 4 percent. So there is twice as Carolina (Mr. BURR) and the gentleman labeling. That is why when the bill much chance of a deadly accident oc- from Michigan (Mr. STUPAK), Congress comes to the floor we would like to curring with this drug as when it was authorized a grant program that would offer an amendment which would tie given in the old form. Again, it takes equip State and local health depart- the grant of exclusivity necessarily to 18 months to get this information out. ments to identify and to track anti- labeling changes. As I said, there have So, again, before we grant pediatric biotic resistance. been 33 pediatric exclusivity drugs, but exclusivity to a pharmaceutical such To build upon this already authorized only 20 of them have changed their la- as this, should we not have the labeling program, the gentleman from New bels. What about the last 13? change so we know what it is going to York (Mr. BOEHLERT) and I have asked Currently, the exclusivity period is do to the patient, so the doctor knows the Committee on Appropriations to given only for doing a study. For the what dosage he should recommend? include at least $50 million for this safety of our children, for the health That is the whole idea behind the label- grant program in the Homeland Secu- care profession, and for all families, we ing amendment. That is what we want rity Supplemental Appropriations bill. should change this. Under our proposed to see be a part of the exclusivity bill. I urge Members on both sides of the amendment, all new drugs must com- It is a good bill, with good intent, but aisle to support that request. plete the labeling requirement before we have to finish the job. Now that we Let our appropriators know that this the product is marketed. have had it on the books for 4 years, we funding is critical to the viability of I cannot understand why we allow have seen the shortfalls. So let us our main weapons against bioterrorism drug manufacturers to undertake a pe- change the label so everybody is in- and other infectious diseases now and diatric study, but not provide parents formed about the value of these drugs. in the future. and doctors with the results they need f f to make informed decisions to properly use and dispense the drugs. As the FDA RECESS H.R. 2887, PEDIATRIC EXCLUSIVITY says, the goal of pediatric exclusivity BILL The SPEAKER pro tempore. Pursu- is labeling, and we cannot lose sight of ant to clause 12 of rule I, the Chair de- The SPEAKER pro tempore (Mr. that. clares the House in recess until 2 p.m. CULBERSON). Under the Speaker’s an- We went on the FDA Web site and Accordingly (at 12 o’clock and 53 nounced policy of January 3, 2001, the they listed the drugs with the pediatric minutes p.m.), the House stood in re- gentleman from Michigan (Mr. STUPAK) exclusivity. As seen on this chart, the cess until 2 p.m. is recognized during morning hour de- first one, Lodine, Etodolac Lodine, 9 bates for 5 minutes. months after the pediatric exclusivity f Mr. STUPAK. Mr. Speaker, I rise was granted, they changed their label. b 1400 today to speak of a bill that may be The labeling says it is now appropriate coming to the floor in the very near fu- for young people 6 to 16, but the dose in AFTER RECESS ture. It is called the H.R. 2887, the Pe- younger children is approximately two The recess having expired, the House diatric Exclusivity bill. It was passed times lower dosage than is rec- was called to order by the Speaker pro by Congress in 1997 to encourage drug ommended for adults. tempore (Mr. CULBERSON) at 2 p.m.

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.003 pfrm02 PsN: H06PT1 H7728 CONGRESSIONAL RECORD — HOUSE November 6, 2001 PRAYER Mr. TRAFICANT. According to news eral Government must take direct con- The Chaplain, the Reverend Daniel P. reports, the Department of Energy can- trol of the security system.’’ Coughlin, offered the following prayer: not find substantial amounts of pluto- Airport security is national security. Lord God, designer of nature’s cycles nium and uranium. The plutonium and National security should be handled by and the judge of human events, con- uranium were, according to a Depart- highly trained, motivated Federal tinue to guide us through all the sea- ment spokesman, either loaned out to workers. sons of life. research groups or, quite simply, it was We cannot afford to stand still. We Eight weeks ago today, this Nation ‘‘just the fault of sloppy bookkeeping.’’ must move forward. was viciously attacked by terrorists. Unbelievable. It appears that these f two powerful components of nuclear Help the Members of this House and all ANNOUNCEMENT BY THE SPEAKER destruction are being regulated as well Americans to understand what has PRO TEMPORE happened to us since then. That first as condoms at a Vegas brothel. Beam me up here. The SPEAKER pro tempore. Pursu- day knocked us into a delirium of as- ant to clause 8 of rule XX, the Chair tonishment, anger, and loss. Give us I yield back the need to find these lost items, before bin Laden delivers announces that he will postpone fur- now a second wind of Your Spirit. ther proceedings today on each motion You, Lord of revelation, have prom- them to our front lawn. f to suspend the rules on which a re- ised to be with us. Reveal to us through corded vote or the yeas and nays are prayer the true nature of this Nation. SUPPORT TRADE PROMOTION ordered, or on which the vote is ob- Study in us the nature of war and its AUTHORITY FOR PRESIDENT jected to under clause 6 of rule XX. destructive forces. (Mr. MANZULLO asked and was Any record votes on postponed ques- Make Your presence known to us by given permission to address the House tions will be taken after debate has faith renewed in You, Almighty God, for 1 minute and to revise and extend concluded on all motions to suspend and faith in others and in ourselves. his remarks.) the rules but not before 6:30 p.m. today. Give us hope by the solidarity of Mr. MANZULLO. Mr. Speaker, re- f friends in the family of nations, and newing Trade Promotion Authority for PATENT AND TRADEMARK OFFICE continue to surprise us with the indom- the President is vitally important for AUTHORIZATION ACT OF 2002 itable love of freedom arising from the small business exporters. Many will be depths of this people. May this surprised to learn that 97 percent of all Mr. SENSENBRENNER. Mr. Speak- strength never be stymied by dis- U.S. exporters are small businesses and er, I move to suspend the rules and tracting news-clips or extinguished by that 69 percent of all U.S. exporters pass the bill (H.R. 2047) to authorize ap- fear. employ less than 20 workers. In addi- propriations for the United States Pat- Rather, we have chosen to settle in tion, the number of small business ex- ent and Trademark Office for fiscal for the unpredictable season of war, as porters has increased from 66,000 in 1987 year 2002, and for other purposes, as we wrestle to pray ‘‘Thy will be done’’ to 224,000 in 1999. amended. in us, now and forever. Amen. Lowering foreign trade barriers helps The Clerk read as follows: f small business exporters more than H.R. 2047 Be it enacted by the Senate and House of Rep- THE JOURNAL large companies. While most large companies can either export or set up a resentatives of the United States of America in The SPEAKER pro tempore. The factory overseas, most small business Congress assembled, Chair has examined the Journal of the exporters have only one choice, and SECTION 1. SHORT TITLE. last day’s proceedings and announces that is to export from America. This Act may be cited as the ‘‘Patent and Trademark Office Authorization Act of 2002’’. to the House his approval thereof. There are many complicated issues Pursuant to clause 1, rule I, the Jour- SEC. 2. AUTHORIZATION OF AMOUNTS AVAILABLE that face small business exporters, TO THE PATENT AND TRADEMARK nal stands approved. such as streamlining foreign customs OFFICE. f practice. Let us give the President the There are authorized to be appropriated to the tools he needs to negotiate away these United States Patent and Trademark Office for PLEDGE OF ALLEGIANCE unfair trade barriers. salaries and necessary expenses for fiscal year 2002 an amount equal to the fees collected in fis- The SPEAKER pro tempore. Will the f gentleman from Ohio (Mr. TRAFICANT) cal year 2002 under title 35, United States Code, come forward and lead the House in the WHERE IS AVIATION SECURITY and the Trademark Act of 1946 (15 U.S.C. 1051 et seq.). Pledge of Allegiance. BILL? SEC. 3. ELECTRONIC FILING AND PROCESSING OF Mr. TRAFICANT led the Pledge of (Mr. RODRIGUEZ asked and was PATENT AND TRADEMARK APPLICA- Allegiance as follows: given permission to address the House TIONS. I pledge allegiance to the Flag of the for 1 minute and to revise and extend (a) ELECTRONIC FILING AND PROCESSING.—The United States of America, and to the Repub- his remarks.) Under Secretary of Commerce for Intellectual lic for which it stands, one nation under God, Mr. RODRIGUEZ. Mr. Speaker, Property and Director of the United States Pat- indivisible, with liberty and justice for all. where is the aviation security bill? I ent and Trademark Office (in this Act referred to as the ‘‘Director’’) shall, during the 3-year f will tell you where it is. It has been hi- period beginning October 1, 2001, develop an jacked. Americans are demanding that DISPENSING WITH CALL OF electronic system for the filing and processing of we act and that we act quickly; yet the PRIVATE CALENDAR ON TODAY patent and trademark applications, that— House leadership continues to play pol- (1) is user friendly; and Mr. MANZULLO. Mr. Speaker, I ask itics. (2) includes the necessary infrastructure— unanimous consent that the call of the The travel industry is also demand- (A) to allow examiners and applicants to send Private Calendar be dispensed with ing that we act quickly; yet we fail to all communications electronically; and today. (B) to allow the Office to process, maintain, move. and search electronically the contents and his- The SPEAKER pro tempore. Is there It has been over 7 weeks since the tory of each application. objection to the request of the gen- September 11 date, and the American (b) AUTHORIZATION OF APPROPRIATIONS.—Of tleman from Illinois? public knows that we could have al- amounts authorized under section 2, there is au- There was no objection. ready sent this bipartisan piece of leg- thorized to be appropriated to carry out sub- section (a) of this section not more than f islation to the President to be signed. Yet this weekend we had the managers $50,000,000 for fiscal year 2002. Amounts made SUBSTANTIAL AMOUNTS OF available pursuant to this subsection shall re- at the O’Hare Airport allow knives and main available until expended. NUCLEAR COMPONENTS MISSING other dangerous items to slip through. SEC. 4. STRATEGIC PLAN. (Mr. TRAFICANT asked and was In Kentucky, we also had an occur- (a) DEVELOPMENT OF PLAN.—The Director given permission to address the House rence. shall, in close consultation with the Patent Pub- for 1 minute and to revise and extend Even Secretary of Transportation lic Advisory Committee and the Trademark Pub- his remarks.) Mineta has concluded that the ‘‘Fed- lic Advisory Committee, develop a strategic plan

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 6333 E:\CR\FM\K06NO7.007 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7729 that sets forth the goals and methods by which that innovation plays in our economy. PTO has experienced a 75 percent increase in the United States Patent and Trademark Office The time has come to put our money its workload. As a result, the PTO is in near- will, during the 5-year period beginning on Oc- where our mouth is. Indeed, it is not crisis mode and is starved for funding. tober 1, 2002— The increasing delays at the PTO—now (1) enhance patent and trademark quality; even our money. (2) reduce patent and trademark pendency; What we are talking about here is more than two years to get a patent, and get- and trying to change a practice whereby ting worse—are intolerable, not just for the (3) develop and implement an effective elec- patent application fees have been used companies involved but for the whole econ- tronic system for use by the Patent and Trade- to support other governmental pro- omy. mark Office and the public for all aspects of the grams, rather than devote all of that to H.R. 2047 takes several important steps to patent and trademark processes, including, in the Patent Office. combat these unsettling trends. This bill au- addition to the elements set forth in section 3, It should be noted that we raised pat- thorizes full funding for the Patent and Trade- searching, examining, communicating, pub- ent fees a few years ago. When we mark Office. This bipartisan measure also di- lishing, and making publicly available, patents rects the PTO to develop an electronic system and trademark registrations. raised them, the assumption, the im- The strategic plan shall include milestones and plicit promise, was these fees would go for filing and processing of patent and trade- objective and meaningful criteria for evaluating to improving the patent process. To mark applications. the progress and successful achievement of the take fees from people seeking patents Furthermore, H.R. 2047 requires the admin- plan. The Director shall consult with the Public and diverting them to other purposes is istration to develop a 5-year strategic plan Advisory Committees with respect to the devel- a grave error. We ought to be maxi- aimed at improving the quality of issued pat- opment of each aspect of the strategic plan. mizing our ability to service the ents and trademarks, while reducing the wait- (b) REPORT TO CONGRESSIONAL COMMITTEES.— ing time. The Director shall, not later than January 15, innovators in this economy, and we do that by allowing these fees to stay In today’s economic climate, we as a nation 2002, or 4 months after the date of the enact- cannot afford to neglect the PTO’s vital mis- ment of this Act, whichever is later, submit the here. plan developed under subsection (a) to the Com- Now, I do want to say, I understand sion of fostering new technologies and pro- mittees on the Judiciary of the House of Rep- what happens. It is the members of the tecting American inventors. It is absolutely crit- resentatives and the Senate. Committee on Appropriations who, ical that inventors get the protection they need SEC. 5. EFFECTIVE DATE. from time to time, use some of these to encourage the innovation and the creativity This Act shall take effect on October 1, 2001. fees. I do not wish to speak harshly of that makes this country prosper. Strong pat- The SPEAKER pro tempore. Pursu- them. Some of my best friends are ap- ents and trademarks help our economy and ant to the rule, the gentleman from propriators, and I hope they remember U.S. consumers. This bipartisan bill offers a new approach Wisconsin (Mr. SENSENBRENNER) and that at this season of conference re- that will provide adequate resources for the the gentleman from Massachusetts ports. But they are themselves PTO to handle its huge workload and enable (Mr. FRANK) each will control 20 min- squeezed when they are given respon- our country to maintain its global leadership in utes. sibilities to fund and inadequate reve- The Chair recognizes the gentleman technology and innovation. nues with which to fund them. In some I thank Chairman COBLE and Congressman from Wisconsin (Mr. SENSENBRENNER). cases the temptation is very strong for BERMAN for their leadership on H.R. 2047 and GENERAL LEAVE them to look at the revenues at the urge my colleagues to support it. Mr. SENSENBRENNER. Mr. Speak- Patent Office and divert them to other Mr. COBLE. Mr. Speaker, H.R. 2047 would er, I ask unanimous consent that all purposes. help to correct the diversion problem at the Members may have 5 legislative days The answer, Mr. Speaker, is not to PTO by authorizing the agency to keep all of within which to revise and extend their divert revenues from the Patent Office the fee revenue it raises in fiscal year 2002, remarks and include extraneous mate- to pay for these other programs, but to subject to appropriations. In addition, and con- rial on H.R. 2047, as amended. stop this practice of reducing the Gov- sistent with this emphasis on oversight, the The SPEAKER pro tempore. Is there ernment’s revenues by tax cuts that legislation sets forth two problem areas that objection to the request of the gen- leave us unable to afford programs for PTO should address in the coming fiscal year, tleman from Wisconsin? which there is great demand and great irrespective of its overall budget: First, the There was no objection. need. In other words, this practice of PTO Director is required to develop an elec- Mr. SENSENBRENNER. Mr. Speak- raiding the patent fees to fund other tronic system for the filing and processing of er, I yield myself such time as I may programs is one of the negative con- all patent and trademark applications that is consume. sequences of reducing government rev- user friendly and that will allow the Office to Mr. Speaker, I rise today in support enues through irresponsible tax cuts process and maintain electronically the con- of H.R. 2047 and urge the House to below the level necessary to sustain tents and history of all applications. Fifty-mil- adopt the measure. The purpose of this important government activity. lion dollars are earmarked for this project in bill is to authorize the Patent and So I look forward to passing this bill; fiscal year 2002. Second, the Director, in con- Trademark Office to retain all of the and I hope we will be able to keep the sultation with the Patent and Trademark Public user fee revenue it collects in fiscal promise once made that, patent fees Advisory Committees, must develop a stra- year 2002 for agency operations subject having been raised, the Patent Office tegic plan that prescribes the goals and meth- to appropriations. In addition, the PTO would get the benefit of them. ods by which PTO will enhance patent and is to earmark a portion of this revenue Mr. MORAN of Virginia. Mr. Speaker, I rise trademark quality, reduce pendency, and de- to address problems relating to its today in strong support of H.R. 2047, the Pat- velop a 21st century electronic system for the computer systems and to develop a 5- ent and Trademark Office (PTO) Authorization benefit of filers, examiners, and the general year strategic plan to establish goals Act of 2002. public. and methods by which the agency can The U.S. Patent and Trademark Office, lo- Mr. Speaker, H.R. 2047 will allow the patent enhance patent and trademark quality, cated in my congressional district, is the agen- and trademark communities to get more bang while reducing application pendency. cy most involved in the growth of innovation for their filing and maintenance buck, while en- The bill will allow us to move for- and commercial activity in our country. hancing the likelihood that the agency will re- ward and to make the PTO a more re- Patents and trademark registrations help ceive greater appropriations in the upcoming sponsive and efficient agency that will create new industries and high-wage jobs. fiscal year and in the future. It is a bill that better serve the needs of inventors and This process is critical to our global competi- benefits the PTO, its users, and the American trademark filers. tiveness and technological leadership. economy. I urge my colleagues to support it. I urge my colleagues to support this The PTO is entirely supported with the fees Mr. CONYERS. Mr. Speaker, we all know bill. paid by patent and trademark applicants. It re- that the Patent and Trademark Office is crucial Mr. Speaker, I reserve the balance of ceives no taxpayer funds. to America’s economy, reviewing technologies my time. Since 1992, however, Congress has been and granting patents on thousands of new in- Mr. FRANK. Mr. Speaker, I yield my- withholding an increasing portion of these fees ventions every year. And this year along has self such time as I may consume. for use in other Department of Commerce seen a thirteen percent rise in patent applica- Mr. Speaker, I hope we will pass this agencies. More than $800 million has been tions. bill very clearly and overwhelmingly. withheld to date. This alarming practice is We also know the PTO is losing resources A lot of lip service is paid to the role made worse by the fact that since 1992, the and cannot handle the increased workload.

VerDate 06-NOV-2001 03:25 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 9920 E:\CR\FM\A06NO7.003 pfrm02 PsN: H06PT1 H7730 CONGRESSIONAL RECORD — HOUSE November 6, 2001 The PTO takes no money from taxpayers; in- The SPEAKER pro tempore. The (II) other baseline trend data from national stead, it is fully funded by user fees, gener- question is on the motion offered by benchmarks; and ating $1 billion per year. Unfortunately, appro- the gentleman from Wisconsin (Mr. (iv) examine any other issues that the Comp- troller General determines are appropriate, in- SENSENBRENNER) that the House sus- priators and the administration treat the PTO cluding other types of aid affected by section 568 like a savings and loan and divert its money pend the rules and pass the bill, H.R. of the Improving America’s Schools Act of 1994 every year for other government programs. To 2047, as amended. (15 U.S.C. 1 note). date, over $600 million in fees has been di- The question was taken; and (two- (B) ASSESSMENT.— verted since 1992. This coming year alone, thirds having voted in favor thereof) (i) IN GENERAL.—The study under paragraph the appropriators are taking $200 million. the rules were suspended and the bill, (1) shall assess what effect the antitrust exemp- Not surprisingly, this diversion is taking its as amended, was passed. tion on institutional student aid has had on in- toll. The PTO cannot hire or retain qualified A motion to reconsider was laid on stitutional undergraduate grant aid and paren- patent examiners with advanced scientific de- the table. tal contribution to undergraduate costs of at- tendance. grees; they prefer the more lucrative salaries f (ii) CHANGES OVER TIME.—The assessment in the private sector. The PTO also cannot up- NEED-BASED EDUCATIONAL AID under clause (i) shall consider any changes in date its computer systems to thoroughly ACT OF 2001 institutional undergraduate grant aid and pa- search databases of information and deter- rental contribution to undergraduate costs of mine whether patent applications really dis- Mr. SENSENBRENNER. Mr. Speak- attendance over time for institutions of higher close new and nonobvious inventions; this er, I move to suspend the rules and education, including consideration of— makes it that more likely for the PTO to issue concur in the Senate amendments to (I) the time period prior to adoption of the a bad patent. Finally, just a few years ago it the bill (H.R. 768) to amend the Improv- consensus methodologies at participating insti- tutions; and took the PTO 19.5 months to rule on a patent ing America’s Schools Act of 1994 to make permanent the favorable treat- (II) the data examined pursuant to subpara- application; it now takes 26 months, and is ex- graph (A)(iii). pected to be 38.6 months by 2006. At that ment of need-based educational aid (b) REPORT.— rate, inventions will be obsolete before they’re under the antitrust laws. (1) IN GENERAL.—Not later than September 30, patented. The Clerk read as follows: 2006, the Comptroller General shall submit a re- We cannot let the PTO and American inven- Senate amendments: port to the Committee on the Judiciary of the tors continue to suffer this way. H.R. 2047— Strike out all after the enacting clause and Senate and the Committee on the Judiciary of insert: the House of Representatives that contains the introduced by Chairman COBLE, Ranking SECTION 1. SHORT TITLE. findings and conclusions of the Comptroller Member BERMAN, and myself—resolves the General regarding the matters studied under problem by letting the PTO keep all of its fis- This Act may be cited as the ‘‘Need-Based Educational Aid Act of 2001’’. subsection (a). cal year 2002 fees. It also lets the PTO use SEC. 2. AMENDMENT. (2) IDENTIFYING INDIVIDUAL INSTITUTIONS.— some of its money to modernize its electronic Section 568(d) of the Improving America’s The Comptroller General shall not identify an filing systems. The bill finally requires the PTO Schools Act of 1994 (15 U.S.C. 1 note) is amended individual institution of higher education in in- to develop a five-year strategic plan explaining by striking ‘‘2001’’ and inserting ‘‘2008’’. formation submitted in the report under para- what resources it needs to better serve its graph (1) unless the information on the institu- SEC. 3. GAO STUDY AND REPORT. tion is available to the public. customers. This plan will make it easier for (a) STUDY.— (c) RECORDKEEPING REQUIREMENT.— Congress to make future oversight decisions. (1) IN GENERAL.—The Comptroller General (1) IN GENERAL.—For the purpose of com- I urge my colleagues to vote ‘‘yes’’ on this shall conduct a study of the effect of the anti- pleting the study under subsection (a)(1), a par- legislation. trust exemption on institutional student aid ticipating institution shall— Mr. SMITH of Texas. Mr. Speaker, the high- under section 568 of the Improving America’s (A) collect and maintain for each academic tech industry plays a prominent role in our Schools Act of 1994 (15 U.S.C. 1 note). year until the study under subsection (a)(1) is (2) CONSULTATION.—The Comptroller General completed— economy. That’s why it’s important to allow shall have final authority to determine the con- (i) student-level data that is sufficient, in the the U.S. Patent and Trade Office (USPTO) to tent of the study under paragraph (1), but in judgment of the Comptroller General, to permit retain its user fees. Timely and quality service determining the content of the study, the Comp- the analysis of expected family contributions, provided by the PTO helps spur innovation troller General shall consult with— identified need, and undergraduate grant aid (A) the institutions of higher education par- and strengthen our economy. awards; and ticipating under the antitrust exemption under H.R. 2047 is a good bill that has three basic (ii) information on formulas used by the insti- section 568 of the Improving America’s Schools components. It allows the patent office to re- tution to determine need; and Act of 1994 (15 U.S.C. 1 note) (referred to in this tain its fees, which are normally distributed for (B) submit the data and information under Act as the ‘‘participating institutions’’); paragraph (1) to the Comptroller General at other government operations. This extra fund- (B) the Antitrust Division of the Department such time as the Comptroller General may rea- ing will speed up the processing of patent ap- of Justice; and sonably require. plications that now takes an average of nearly (C) other persons that the Comptroller General (2) NON-PARTICIPATING INSTITUTIONS.—Noth- 27 months. If these fees continue to be di- determines are appropriate. ing in this subsection shall be construed to re- (3) MATTERS STUDIED.— verted, pendency—the time from filing to quire an institution of higher education that granting of a patent—may increase to 38 (A) IN GENERAL.—The study under paragraph (1) shall— does not participate under the antitrust exemp- months by 2006. tion under section 568 of the Improving Amer- In recent years, the number of technology (i) examine the needs analysis methodologies used by participating institutions; ica’s Schools Act of 1994 (15 U.S.C. 1 note) to and biotechnology patents has increased. Now (ii) identify trends in undergraduate costs of collect and maintain data under this subsection. more than ever, it’s important to ensure that attendance and institutional undergraduate SEC. 4. EFFECTIVE DATE. the PTO has adequate funding through its grant aid among participating institutions, in- This Act and the amendments made by this own fee mechanisms. The PTO must produce cluding— Act shall take effect on September 30, 2001. high quality patents on a timely basis. It is (I) the percentage of first-year students receiv- Amend the title so as to read: ‘‘An Act to struggling to keep up with the workload and ing institutional grant aid; amend the Improving America’s Schools Act lacks new technology that is desperately (II) the mean and median grant eligibility and of 1994 to extend the favorable treatment of institutional grant aid to first-year students; need-based educational aid under the anti- needed to do its job. and trust laws, and for other purposes.’’. The bill directs and PTO to develop and im- (III) the mean and median parental and stu- plement an electronic system for filing and The SPEAKER pro tempore. Pursu- dent contributions to undergraduate costs of at- ant to the rule, the gentleman from processing applications. It also orders the di- tendance for first year students receiving insti- rector of the patent office to develop a 5-year tutional grant aid; Wisconsin (Mr. SENSENBRENNER) and strategic plan to improve and streamline pat- (iii) to the extent useful in determining the ef- the gentleman from Massachusetts ent operations. fect of the antitrust exemption under section 568 (Mr. FRANK) each will control 20 min- I urge my colleagues to support this impor- of the Improving America’s Schools Act of 1994 utes. tant measure so that the PTO can improve its (15 U.S.C. 1 note), examine— The Chair recognizes the gentleman (I) comparison data, identified in clauses (i) from Wisconsin (Mr. SENSENBRENNER). critical role in our economy. and (ii), from institutions of higher education GENERAL LEAVE Mr. FRANK. Mr. Speaker, I yield that do not participate under the antitrust ex- back the balance of my time. emption under section 568 of the Improving Mr. SENSENBRENNER. Mr. Speak- Mr. SENSENBRENNER. Mr. Speak- America’s Schools Act of 1994 (15 U.S.C. 1 note); er, I ask unanimous consent that all er, I yield back the balance of my time. and Members may have 5 legislative days

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.052 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7731 within which to revise and extend their available, which would be more than satory and other factors. Here we have remarks and include extraneous mate- they need. The rest would get less or the ideal situation. All of these institu- rial on H.R. 768. none at all. Ultimately, such a system tions are wholly private institutions. The SPEAKER pro tempore. Is there would serve to undermine the principle They are not constrained by the var- objection to the request of the gen- of need-based aid and need-blind admis- ious rules that government needs to tleman from Wisconsin? sions. follow. They have done this volun- There was no objection. No student who is otherwise qualified tarily, and I am very pleased that, over b 1415 ought to be denied the opportunity to time, the number of institutions has attend one of the Nation’s most pres- expanded. I am proud to represent one Mr. SENSENBRENNER. Mr. Speak- tigious schools because of the financial of them, Wellesley College from er, I yield myself such time as I may situation of his or her family. H.R. 768 Wellesley, Massachusetts. They have consume. will help protect need-based aid and volunteered to take on extra work Mr. Speaker, today the House will need-blind admissions and preserve among themselves so as not to dimin- send to the President for his signature that opportunity. ish the pool of scholarship funds avail- H.R. 768, the Need-Based Educational Mr. Speaker, unlike the original able to those who are needy, and I Aid Act of 2001. This bill was intro- House bill, which permanently ex- think that is something well worth duced by the gentleman from Texas tended the 1994 exemption, the Senate doing. (Mr. SMITH) and the gentleman from amendment to H.R. 768 would extend Now, I know an amendment has come Massachusetts (Mr. FRANK), and I ap- the exemption for another 7 years, and back from the Senate calling for a GAO preciate their hard work on this issue. it also directs the General Accounting study. We are not in the process of Mr. Speaker, beginning in the mid- Office to review the exemption. It amendment here; we are in suspension. 1950s, a number of prestigious private would not make any change to the sub- If we were in a situation where amend- colleges and universities agreed to stance of the exemption. I urge my col- ments were in order, I think I would be award institutional financial aid, that leagues to support this bill. tempted in this case to offer the is, aid from the schools’ own funds, Mr. Speaker, I reserve the balance of amendment that I once offered in the solely on the basis of demonstrated fi- my time. Committee on Financial Services; nancial need. These schools also agreed Mr. FRANK. Mr. Speaker, I yield my- namely, that any Member of Congress to use common principles to assist self such time as I may consume. who offers an amendment requiring a each student’s financial need and to Mr. Speaker, I want to express my study be required to read that study give essentially the same financial aid appreciation to the chairman of the when it is completed and take a public award to students admitted to more full committee for so diligently stay- exam on its contents, because we have than one member of the group. ing on this and bringing this forward. I this tendency to burden people with From the 1950s through the late 1980s, want to express my particular appre- compiling studies that no one, includ- the practice continued undisturbed. In ciation to the gentleman from Texas, ing us, ever reads. I myself do not 1989, the Antitrust Division of the De- who has now joined us, who has been think in this case the study is nec- partment of Justice brought suit one of the leaders in making sure that essary, and I think it burdens univer- against nine of the colleges that en- we do this. sities, who are trying to do a good gaged in this practice. After extensive The gentleman from Wisconsin has thing, with excess work. But that is litigation, the parties reached a final explained this very well, and I just the price of getting this bill passed. It settlement in 1993. want to underline a few points. It is a fairly small price to pay for an im- In 1994, Congress passed a temporary seemed to me at the time a great mis- portant piece of legislation that does exemption from the antitrust laws that fortune and irony that the Justice De- advance an important social goal. basically codified the settlement. It al- partment was seeking to invoke the I salute the universities and, again, I lowed agreements to provide aid on the antitrust law against the universities want to express my gratitude to the basis of need only, to use common prin- that were engaged in this practice. It is two gentlemen from the majority side ciples of need analysis, to use a com- one of the most socially responsible for the work they have done in bring- mon financial aid application form, things that they do. ing this forward. and to allow the exchange of the stu- Essentially, what we have are among dents’ financial information through a the most prestigious universities in the Mr. Speaker, I reserve the balance of third party. It also prohibited agree- country, which people are eager to go my time. ments on award to specific students. It to, saying that they believe they have Mr. SENSENBRENNER. Mr. Speak- provided for this exemption to expire an obligation in spending scholarship er, I yield myself 1 minute. on September 30, 1997. That year, Con- money to maximize the extent to Mr. Speaker, let it be clear that this gress extended the exemption until which scholarship money enables poor exemption expired on October 1, and if September 30, 2001. or moderate-income young people to the exemption is not reinstated and Under this exemption, the affected attend. The sole purpose of this whole continued, well-endowed private col- schools have adopted a set of general enterprise is to extend the reach of leges and universities, the gentleman principles to determine eligibility for scholarship aid based on need. For that from Massachusetts has several in his institutional aid. These principles ad- to have been challenged on antitrust State, and I am a graduate of one of dress issues like expected contribution grounds seemed to me at the time a them, and the gentleman from Texas is from noncustodial parents, treatment grave error. also a graduate of one of them, will ba- of depreciation expenses that may re- I am delighted to have been able to sically be able to use their superior fi- duce a parent’s income, valuation of work all this time, particularly with nancial resources to buy out the best rental properties, and unusually high the gentleman from Texas, to go to the students, generally by giving them medical expenses. Common treatment aid of universities that are trying to do more money than they really need for of these types of issues make sense, the right thing. What this says is that financial aid, even though the tuition and to my knowledge, the existing ex- the universities can exchange informa- at these colleges and universities is emption has worked well. tion and they can share information; pretty steep. The need-based financial aid system not to raise prices, not to pay less to By passing this bill and by rein- serves goals that the antitrust laws do suppliers, not to do any of the things stating the exemption, there will be not adequately address, namely, mak- that the antitrust law is aimed at pre- more money to go around to more good ing financial aid available to the venting, but rather, to maximize the students and to open the doors to these broadest number of students solely on extent to which financial aid goes to well-endowed, prestigious private col- the basis of demonstrated need. With- the young people who need it. leges and universities to more people out it, the schools would be required to There is a great deal of controversy to be able to go there. compete, through financial aid awards, in our government about the extent to Mr. Speaker, at this time I yield such to the very top students. Those very which, when the government is acting, time as he may consume to the gen- top students would get all the aid we can take into account compen- tleman from Texas (Mr. SMITH).

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.013 pfrm02 PsN: H06PT1 H7732 CONGRESSIONAL RECORD — HOUSE November 6, 2001 Mr. SMITH of Texas. Mr. Speaker, Wisconsin (Mr. SENSENBRENNER) that SEC. 2. PURPOSES. first I would like to thank the chair- the House suspend the rules and concur The purposes of this Act are— man of the committee for yielding me in the Senate amendments to the bill, (1) to safeguard the public from fraud in the financial services industry; time. I would also like to thank the H.R. 768. (2) to streamline the antifraud coordina- gentleman from Massachusetts (Mr. The question was taken. tion efforts of Federal and State regulators FRANK) for his earlier generous com- The SPEAKER pro tempore. In the and prevent failure to communicate essen- ments. opinion of the Chair, two-thirds of tial information; Beginning in the mid-1950s, a number those present have voted in the affirm- (3) to reduce duplicative information re- of private colleges and universities ative. quests and other inefficiencies of financial agreed to award financial aid solely on Mr. SENSENBRENNER. Mr. Speak- services regulation; er, on that I demand the yeas and nays. (4) to assist financial regulators in detect- the basis of demonstrated need. These ing patterns of fraud, particularly patterns schools also agreed to use common cri- The yeas and nays were ordered. that only become apparent when viewed teria to assess each student’s financial The SPEAKER pro tempore. Pursu- across the full spectrum of the financial need and to give the same financial aid ant to clause 8 of rule XX and the services industry; and award to students admitted to more Chair’s prior announcement, further (5) to take advantage of Internet tech- than one member of the group. proceedings on this motion will be nology and other advanced data-sharing In 1989, the Antitrust Division of the postponed. technology to modernize the fight against fraud in all of its evolving manifestations Department of Justice brought suit f and permutations. against nine of the colleges that en- FINANCIAL SERVICES ANTIFRAUD TITLE I—ANTIFRAUD NETWORK gage in this practice. After extensive NETWORK ACT OF 2001 litigation, the parties reached a settle- Subtitle A—Direction to Financial Regulators ment in 1993. Mr. BACHUS. Mr. Speaker, I move to SEC. 100. CREATION AND OPERATION OF THE suspend the rules and pass the bill NETWORK. In 1994 and again in 1997, Congress (a) SHARING OF PUBLIC INFORMATION.—The passed a temporary exemption from (H.R. 1408) to safeguard the public from financial regulators shall, to the extent prac- the antitrust laws that codified that fraud in the financial services industry, ticable and appropriate and in consultation settlement. It allowed agreements to to streamline and facilitate the anti- with other relevant and appropriate agencies provide aid on the basis of need only, fraud information-sharing efforts of and parties— use common criteria, use a common fi- Federal and State regulators, and for (1) develop procedures to provide for a net- work for the sharing of antifraud informa- nancial aid application form, and allow other purposes, as amended. The Clerk read as follows: tion; and the exchange of the student’s financial (2) coordinate to further improve upon the information through a third party. It H.R. 1408 antifraud efforts of the participants in the also prohibited agreements on awards Be it enacted by the Senate and House of Rep- network as such participants deem appro- to specific students. The exemption ex- resentatives of the United States of America in priate over time. pired, as the chairman just noted a Congress assembled, (b) MINIMUM REQUIREMENTS.—The proce- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. dures described in subsection (a) shall— minute ago, on September 30, 2001. (1) provide for the sharing of public final To my knowledge, there are no com- (a) SHORT TITLE.—This Act may be cited as the ‘‘Financial Services Antifraud Network disciplinary and formal enforcement actions plaints about the exemption. H.R. 768 Act of 2001’’. taken by the financial regulators that are would extend the exemption passed in (b) TABLE OF CONTENTS.—The table of con- accessible electronically relating to the con- 1994 and 1997 for 7 more years. tents of this Act is as follows: duct of persons engaged in the business of The need-based financial aid system Sec. 1. Short title; table of contents. conducting financial activities that is fraud- serves goals that the antitrust laws do Sec. 2. Purposes. ulent, dishonest, or involves a breach of trust or relates to the failure to register not adequately address, namely, mak- TITLE I—ANTIFRAUD NETWORK with the appropriate financial regulator as ing financial aid available to the Subtitle A—Direction to Financial required by law; broadest number of students solely on Regulators (2) include a plan for considering the shar- the basis of demonstrated need. No stu- Sec. 100. Creation and operation of the net- ing among the participants of other relevant dent who is otherwise qualified should work. and useful antifraud information relating to be denied the opportunity to go to a Subtitle B—Potential Establishment of companies and other persons engaged in con- private, selective university because of Antifraud Subcommittee ducting financial activities, to the extent the limited financial means of his or Sec. 101. Establishment. practicable and appropriate when adequate her family. H.R. 768 will help protect Sec. 102. Purposes of the Subcommittee. privacy, confidentiality, and security safe- Sec. 103. Chairperson; term of chairperson; guards governing access to, and the use of, need-based aid and need-blind admis- such information have been developed that— sions. meetings; officers and staff. Sec. 104. Nonagency status. (A) is accessible by the public; or Last April we approved a permanent Sec. 105. Powers of the Subcommittee. (B) consists of information, that does not extension by an overwhelming margin Sec. 106. Agreement on cost structure. include personally identifiable information on consumers, on— of 414 to zero. However, the Senate has Subtitle C—Regulatory Provisions (i) licenses and applications, financial af- approved only a 7-year extension. They Sec. 111. Agency supervisory privilege. also call for the General Accounting filiations and name-relationships, aggregate Sec. 112. Confidentiality of information. trend data, appraisals, or reports filed by a Office to study the effects of the ex- Sec. 113. Liability provisions. regulated entity with a participant; or emption and to submit a report in 5 Sec. 114. Authorization for identification (ii) similar information generated by or for years. If the GAO chooses to examine a and criminal background a participant if— comparison group of schools for the check. (I) such information is being shared for the Sec. 115. Definitions. purpose of verifying an application or other study, participation in the group would Sec. 116. Technical and conforming amend- be voluntary. It is this version that we report filed by a regulated entity; and ments to other acts. (II) the participant determines such infor- vote upon today. Sec. 117. Audit of State insurance regu- Mr. Speaker, I still believe that a mation is factual and substantiated; and lators. (3) provide that, if a financial regulator permanent exemption from the anti- Subtitle D—Anti-Terrorism takes an adverse action against a person en- trust laws is justified and warranted. Sec. 121. Preventing international ter- gaged in the business of conducting financial However, in the interest of time, the rorism. activities on the basis of information de- House should accept the changes made TITLE II—SECURITIES INDUSTRY scribed in paragraph (1) or (2) that was re- by the Senate, and I urge my col- COORDINATION ceived from another participant through the leagues to support this bill. Subtitle A—Disciplinary Information network, the regulator shall— (A) notify the person of the identity of the Mr. FRANK. Mr. Speaker, I yield Sec. 201. Investment Advisers Act of 1940. back the balance of my time. participant from whom such information was Sec. 202. Securities Exchange Act of 1934. received; Mr. SENSENBRENNER. Mr. Speak- Subtitle B—Preventing Migration of Rogue (B) provide the person with a specific and er, I yield back the balance of my time. Financial Professionals to the Securities detailed description of the information that The SPEAKER pro tempore (Mr. Industry was received from the other participant CULBERSON). The question is on the mo- Sec. 211. Securities Exchange Act of 1934. through the network and would be relied on tion offered by the gentleman from Sec. 212. Investment Advisers Act of 1940. in taking the adverse action; and

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.015 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7733 (C) notify the person of the right to a rea- tries, where appropriate, to promote uniform access the network unless such commis- sonable opportunity to respond to such infor- standards for sharing information with the sioner participates with other State insur- mation. network under this section. ance commissioners— (c) PROVISIONS RELATING TO REQUIRE- (h) FINANCIAL REGULATOR CONTROL OF AC- (A) in a centralized database addressing MENTS.— CESS.— disciplinary or enforcement actions taken (1) TIME OF NOTICE.—The notice to any per- (1) IN GENERAL.—Except as provided in against persons engaged in the business of son, and the opportunity to respond, under paragraph (4), each participant that allows insurance, such as the Regulatory Informa- subsection (b)(3) shall be provided to the per- access to its databases or information by tion Retrieval System maintained by the Na- son a reasonable period of time before any other participants through the network may tional Association of Insurance Commis- final action against the person which is establish parameters for controlling or lim- sioners or any network or database des- based on information referred to in such iting such access, including the regulation ignated by such Association as a successor to paragraph is completed, unless the financial of— such System; and regulator determines that such advance no- (A) the type or category of information (B) in centralized databases addressing, tice and opportunity to respond is impracti- that may be accessed by other participants with respect to persons engaged in the busi- cable or inappropriate, in which case the no- and the extent to which any such type or ness of insurance— tice and opportunity to respond shall be pro- category of information may be accessed; (i) corporate and other business affiliations vided at the time of such final action. (B) the participants that may have access or relationships, such as the Producer Data- (2) VERIFICATION OR SUBSTANTIATION OF IN- to the database or any specific type or cat- base maintained by the National Association FORMATION.—With respect to subsection egory of information in the database (wheth- of Insurance Commissioners or any network (b)(3), a delay in the consideration of a li- er for reasons of cost reimbursement, data or database designated by such Association cense, application, report, or other request security, efficiency, or otherwise); and as a successor to such Database; and for the purpose of verifying or substantiating (C) the disclosure by any other participant (ii) consumer complaints, such as the Com- information relating to such license, applica- of any type or category of information that plaints Database maintained by the National tion, report, or other request shall not be may be accessed by the participant. Association of Insurance Commissioners or treated as an adverse action if the (2) PROCEDURES.—A participant may estab- any network or database designated by such verification or substantiation of such infor- lish the parameters described in paragraph Association as a successor to such Database. (1) by regulation, order, or guideline or on a mation is completed within a reasonable (2) TIME DELAY FOR PARTICIPATION IN DATA- case-by-case basis. time. BASES.—The provisions of subparagraph (3) DISCLAIMER.— (d) IMPLEMENTATION.— (1)(B) of this section shall not become effec- (A) IN GENERAL.—Each participant shall (1) SUBMISSION OF PLAN.—Before the end of tive until 3 years after the date of enactment ensure that any transfer of information the 6-month period beginning on the date of of this Act. through the network under this section, the enactment of this Act, the Federal finan- (3) ACCREDITATION.—No State insurance other than information described in sub- cial regulators shall submit to Congress a commissioner shall be eligible to access the section (b)(1), from such participant to an- plan detailing how the financial regulators network unless the State insurance depart- other participant is subject to a disclaimer (and any association representing financial ment which such commissioner represents that the information accessed may be unsub- regulators) expect to meet the requirements meets 1 of the following accreditation re- stantiated and may not be relied on as the of subsections (a) and (b). quirements at the time of access to the net- basis for denying any application or license. (2) DEADLINE FOR IMPLEMENTATION.—Before work: (B) REGULATORY FLEXIBILITY.—Each finan- the end of the 2-year period beginning on the (A) Is accredited by the National Associa- cial regulator may develop guidelines, as the date of the enactment of this Act, the finan- tion of Insurance Commissioners. regulator determines to be appropriate, gov- cial regulators shall establish the network (B) Has an application for accredited sta- erning the location, wording, and frequency described in subsections (a) and (b). tus pending with the National Association of of disclaimers under this paragraph and the (e) FINANCIAL REGULATORS DEFINED.—For Insurance Commissioners. the purposes of this section, the term ‘‘finan- manner in which any such disclaimer shall cial regulators’’ means the financial regu- be made. (k) STANDARDS.—Each financial regulator shall consider developing guidelines on— lators described in subparagraphs (A) (4) FINAL DISCIPLINARY AND FORMAL EN- (1) how to denote which types of informa- through (Q) of section 115(3). FORCEMENT ACTIONS NOT SUBJECT TO LIMITA- tion are to receive different levels of con- (f) DETERMINATION OF IMPLEMENTATION OF TION.—This subsection, and standards or pro- SUBTITLE B.— cedures adopted by any participant under fidentiality protection; and (1) IN GENERAL.—The provisions of subtitle this subsection, shall not apply with respect (2) how entities or associations that act as B shall take effect only if the Secretary of to information described in subsection (b)(1). agents for financial regulators should denote such agency status when acting in that ca- the Treasury, or a designee of the Secretary, (5) NO EFFECT ON PUBLIC OR COMPANY AC- pacity. before the end of the 30-day period beginning CESS.—No provision of this section shall re- at the end of the period referred to in— place, supersede, or otherwise affect access (l) OTHER SHARING ARRANGEMENTS NOT AF- (A) subsection (d)(1), does not determine to any databases maintained by any Federal FECTED.—No provision of this section shall that the Federal financial regulators have or State regulator, or any entity rep- be construed as limiting or otherwise affect- submitted a plan which substantially meets resenting any such regulator, which are ac- ing the authority of a financial regulator to the requirements of such subsection; or cessible by the public or persons engaged in provide any person, including another partic- (B) subsection (d)(2), does not determine the business of conducting financial activi- ipant, access to any information in accord- that the financial regulators have estab- ties. ance with any provision of law other than lished a network that substantially complies (i) ELIGIBILITY REQUIREMENTS FOR STATE this Act. with the requirements of subsections (a) and SECURITIES ADMINISTRATORS.— Subtitle B—Potential Establishment of (b). (1) IN GENERAL.—No State securities ad- Antifraud Subcommittee (2) SCOPE OF APPLICATION.—This subtitle ministrator shall be eligible to be a partici- shall cease to apply as of the date subtitle B pant and access the network unless— SEC. 101. ESTABLISHMENT. takes effect. (A) such State securities administrator (a) IN GENERAL.—Unless the determina- (g) USE OF CENTRALIZED DATABASES.— participates in a centralized database for tions described in section 100(f) are made, (1) IN GENERAL.—A financial regulator shall broker-dealers, broker-dealer agents, invest- after the applicable date described in such be deemed to have met the requirements of ment advisers, and investment advisor rep- section there shall be established within the subsection (b)(1) if— resentatives, registered or required to be reg- President’s Working Group on Financial (A) the participants have access to a cen- istered, as designated by the North American Markets (as established by Executive Order tralized database that contains information Securities Administrators Association; and No. 12631) a subcommittee to be known as on public final disciplinary or formal en- (B) such State securities administrator re- the ‘‘Antifraud Subcommittee’’ (hereafter in forcement actions similar to that described quires the broker-dealer, broker-dealer this title referred to as the ‘‘Sub- in such subsection; or agent, investment adviser, or investment ad- committee’’) which shall consist of the fol- (B) the financial regulator makes the in- viser representative, currently registered or lowing members: formation described in such subsection avail- required to be registered, to file any applica- (1) The Secretary of the Treasury, or a des- able to the public over the Internet. tion, amendment to an application, or a re- ignee of the Secretary. (2) STATE SUPERVISORS.—It is the sense of newal of an application through the central- (2) The Chairman of the Securities and Ex- the Congress that the National Association ized registration database. change Commission or a designee of the of Insurance Commissioners, the Conference (2) TIME DELAY FOR PARTICIPATION IN DATA- Chairman. of State Bank Supervisors, the American BASES.—The provisions of paragraph (1) shall (3) A State insurance commissioner des- Council of State Savings Supervisors, the not become effective until 3 years after the ignated by the National Association of Insur- National Association of State Credit Union date of enactment of this Act. ance Commissioners, or a designee of such Supervisors, and the North American Securi- (j) ELIGIBILITY REQUIREMENTS FOR STATE commissioner. ties Administrators Association should de- INSURANCE COMMISSIONERS.— (4) The Chairman of the Commodity Fu- velop model guidelines for regulators in (1) PARTICIPATION IN DATABASES.—No State tures Trading Commission or a designee of their respective regulated financial indus- insurance commissioner shall be eligible to such Chairman.

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.004 pfrm02 PsN: H06PT1 H7734 CONGRESSIONAL RECORD — HOUSE November 6, 2001 (5) A designee of the Chairman of the Fed- vidual from a list of possible representatives (ii) similar information generated by or for eral Financial Institutions Examination submitted by such agency or entity. a participant if— Council. (e) REORGANIZATION AUTHORITY.— (I) such information is being shared for the (b) FINANCIAL LIAISONS.—The following (1) IN GENERAL.—If the President disbands purpose of verifying an application or other shall serve as liaisons between the Sub- or otherwise significantly modifies the report filed by a regulated entity; and committee and the agencies represented by Working Group referred to in subsection (a), (II) the participant determines such infor- each such liaison: the President shall provide for the continu- mation is factual and substantiated. (1) A representative of each Federal bank- ation of the Subcommittee’s coordination (3) NOTICE AND RESPONSE.—If a financial ing agency appointed by the head of each functions. regulator takes an adverse action against a such agency. (2) MEMBER AND LIAISON WITHDRAWAL.—If person engaged in the business of conducting (2) A representative of the National Credit the President materially alters the structure financial activities on the basis of informa- Union Administration appointed by the Na- or duties of the Subcommittee, any member tion described in paragraph (1) or (2) that tional Credit Union Administration Board. of or liaison to the Subcommittee may with- was received from another participant (3) A representative of the Farm Credit Ad- draw from the Subcommittee. through the network, the regulator shall— ministration, appointed by the Farm Credit SEC. 102. PURPOSES OF THE SUBCOMMITTEE. (A) notify the person of the identity of the Administration Board. (a) IN GENERAL.—The purposes of the Sub- participant from whom such information was (4) A representative of the Federal Housing committee are as follows: received; Finance Board, appointed by such Board. (1) Coordinate access by the participants to (B) provide the person with a specific and (5) A representative of the Office of Federal antifraud databases of various regulators, by detailed description of the information that Housing Enterprise Oversight of the Depart- facilitating the establishment, maintenance, was received from the other participant ment of Housing and Urban Development ap- and use of a network of existing antifraud in- through the network and would be relied on pointed by the Director of such Office. formation maintained by such regulators in taking the adverse action; and (6) A representative of the Appraisal Sub- with respect to persons engaged in the busi- (C) notify the person of the right to a rea- committee of the Financial Institutions Ex- ness of conducting financial activities. sonable opportunity to respond to such infor- amination Council designated by the Chair- (2) Coordinate access by each participant mation. to such network in a manner that allows the person of the Appraisal Subcommittee. (4) PROVISIONS RELATING TO REQUIRE- participant to review, at a minimal cost, ex- (7) A representative of State bank super- MENTS.— isting information in the databases of other visors designated by the Conference of State (A) TIME OF NOTICE.—Any notice to any regulators, as a part of licensure, change of Bank Supervisors. person, and an opportunity to respond, under control, or investigation, concerning any (8) A representative of State savings asso- paragraph (3) shall be provided to the person person engaged in the business of conducting ciation supervisors designated by the Amer- a reasonable period of time before any final financial activities. ican Council of State Savings Supervisors. action against the person which is based on (3) Coordinate information sharing, where (9) A representative of State credit union information referred to in such paragraph is appropriate, among State, Federal, and for- supervisors designated by the National Asso- completed, unless the financial regulator de- eign financial regulators, and law enforce- termines that such advance notice and op- ciation of State Credit Union Supervisors. ment agencies, where sufficient privacy and portunity to respond is impracticable or in- (10) A representative of State securities ad- confidentiality safeguards exist. appropriate, in which case the notice and op- ministrators designated by the North Amer- (4) Consider coordinating development by portunity to respond shall be provided at the ican Securities Administrators Association. participants of a networked name-relation- time of such final action. (11) A representative of the National Asso- ship index for persons engaged in the busi- (B) VERIFICATION OR SUBSTANTIATION OF IN- ciation of Securities Dealers appointed by ness of conducting financial activities using FORMATION.—With respect to paragraph (3), a the National Association of Securities Deal- information from the databases of regu- delay in the consideration of a license, appli- ers. lators, to the extent such information is (12) A representative of the National Fu- available. cation, report, or other request for the pur- tures Association appointed by the National (5) Advise participants on coordinating pose of verifying or substantiating informa- Futures Association. their antifraud databases with the network. tion relating to such license, application, re- (13) Any other financial liaison as the Sub- (6) Coordinate development of guidelines port, or other request shall not be treated as committee may provide to represent any by participants for ensuring appropriate pri- an adverse action if the verification or sub- other financial regulator or foreign financial vacy, confidentiality, and security of shared stantiation of such information is completed regulator, including self-regulatory agencies information, including tracking systems or within a reasonable time. or organizations that maintain databases on testing audits, as appropriate. (5) USE OF CENTRALIZED DATABASES.— persons engaged in the business of con- (b) CRITERIA FOR NETWORK WITH RESPECT (A) IN GENERAL.—A financial regulator ducting financial activities, designated in TO ANY PERSON ENGAGED IN THE BUSINESS OF shall be deemed to have met the require- the manner provided by the Subcommittee. CONDUCTING FINANCIAL ACTIVITIES.— ments of paragraph (1) if the Subcommittee (c) OTHER LIAISONS.— (1) FINAL DISCIPLINARY AND FORMAL EN- determines that the participants have access (1) LAW ENFORCEMENT LIAISONS.—The fol- FORCEMENT ACTIONS.—Each financial regu- to a centralized database that contains infor- lowing shall serve as liaisons between the lator that is represented by a member of the mation on public final disciplinary or formal Subcommittee and the agencies represented Subcommittee under section 101(a) or by a fi- enforcement actions similar to that de- by each such liaison: nancial liaison to the Subcommittee under scribed in paragraph (1) or if the financial (A) A representative of the Department of section 101(b) shall allow any participant ac- regulator makes the information described Justice appointed by the Attorney General. cess, through the network, to any public in paragraph (1) available to the public over (B) A representative of the Federal Bureau final disciplinary or formal enforcement ac- the Internet. of Investigation appointed by the Director of tion by such regulator which is accessible (B) FACTORS FOR DETERMINATION.—The such Bureau. electronically relating to the conduct of per- Subcommittee shall make the determination (C) A representative of the United States sons engaged in the business of conducting under subparagraph (A) on an ongoing basis, Secret Service appointed by the Director of financial activities that is fraudulent or dis- considering both short-term costs and tech- such Service. honest, involves a breach of trust, or relates nological limitations, as well as the need for (D) A representative of the Financial to the failure to register with the appro- long-term comprehensive coverage, and Crimes Enforcement Network (as established priate financial regulator as required by law. other appropriate factors. by the Secretary of the Treasury) appointed (2) SENSE OF THE CONGRESS ON OTHER INFOR- (C) STATE SUPERVISORS.—It is the sense of by the Secretary of the Treasury. MATION.—It is the sense of the Congress that the Congress that the National Association (2) SUBCOMMITTEE APPOINTED LIAISONS.— the financial regulators should consider of Insurance Commissioners, the Conference The Subcommittee may provide for any sharing through the network other relevant of State Bank Supervisors, the American other liaison to represent any other regu- and useful antifraud information relating to Council of State Savings Supervisors, the lator, including self-regulatory agencies or companies and other persons engaged in con- National Association of State Credit Union organizations that maintain databases on ducting financial activities, to the extent Supervisors, and the North American Securi- persons engaged in the business of con- practicable and appropriate when adequate ties Administrators Association should de- ducting financial activities, designated in privacy, confidentiality, and security safe- velop model guidelines for regulators in the manner provided by the Subcommittee. guards governing access to and the use of their respective regulated financial indus- (d) VACANCY.—If, for any reason, the posi- such information have been developed that— tries, where appropriate, to promote uniform tion of any member of or liaison to the Sub- (A) is accessible by the public; or standards for sharing information with the committee is not filled within a reasonable (B) consists of information, that does not network under this section. period of time after being created or becom- include personally identifiable information (c) FINANCIAL REGULATOR CONTROL OF AC- ing vacant, the President shall appoint an on consumers, on— CESS.— individual to fill the position after con- (i) licenses and applications, financial af- (1) IN GENERAL.—Except as provided in sulting the agency or entity to be rep- filiations and name-relationships, aggregate paragraph (4), each participant that allows resented by such member or liaison, and to trend data, or reports filed by a regulated en- access to its databases or information by the extent possible, shall appoint such indi- tity with the participant; or other participants through the network may

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.004 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7735 establish parameters for controlling or lim- tion Retrieval System maintained by the Na- other member or liaison of the Sub- iting such access, including the regulation tional Association of Insurance Commis- committee to provide any person, including of— sioners or any network or database des- another participant, access to any informa- (A) the type or category of information ignated by such Association as a successor to tion in accordance with any provision of law that may be accessed by other participants such System; and other than this Act. and the extent to which any such type or (B) in centralized databases addressing, (i) NO NEW DATABASES OR EXPENDITURES category of information may be accessed; with respect to persons engaged in the busi- MANDATED.—In implementing this Act, the (B) the participants that may have access ness of insurance— Subcommittee shall not have any authority to the database or any specific type or cat- (i) corporate and other business affiliations to require a member or liaison to create a egory of information in the database (wheth- or relationships, such as the Producer Data- new database or otherwise incur significant er for reasons of cost reimbursement, data base maintained by the National Association costs in modifying existing databases for the security, efficiency, or otherwise); and of Insurance Commissioners or any network networking of information. (C) the disclosure by any other participant or database designated by such Association SEC. 103. CHAIRPERSON; TERM OF CHAIR- of any type or category of information that as a successor to such Database; and PERSON; MEETINGS; OFFICERS AND may be accessed by the participant. (ii) consumer complaints, such as the Com- STAFF. (2) PROCEDURES.—A participant may estab- plaints Database maintained by the National (a) CHAIRPERSON.— lish the parameters described in paragraph Association of Insurance Commissioners or (1) SELECTION.—The members of the Sub- (1) by regulation, order, or guideline or on a any network or database designated by such committee shall select the Chairperson from case-by-case basis. Association as a successor to such Database. among the members of the Subcommittee. (3) DISCLAIMER.— (2) TIME DELAY FOR PARTICIPATION IN DATA- (2) TERM.—The term of the Chairperson (A) IN GENERAL.—Each participant shall BASES.—The provisions of subparagraph shall be 2 years. ensure that any transfer of information (1)(B) of this section shall not become effec- (b) MEETINGS.—The Subcommittee shall through the network under this section, tive until 3 years after the date of enactment meet at the call of the Chairperson or a ma- other than information described in para- of this Act. jority of the members when there is business graph (1) of subsection (b), from such partici- (3) ACCREDITATION.—No State insurance to be conducted. pant to another participant is subject to a commissioner shall be eligible to access the (c) QUORUM.—A majority of members of the disclaimer that the information accessed network unless the State insurance depart- Subcommittee shall constitute a quorum. may be unsubstantiated and may not be re- ment which such commissioner represents (d) MAJORITY VOTE.—Decisions of the Sub- lied on as the basis for denying any applica- meets 1 of the following accreditation re- committee shall be made by the vote of a tion or license. quirements at the time of access to the net- majority of the members of the Sub- (B) SUBCOMMITTEE FLEXIBILITY.—The Sub- work: committee. committee may prescribe such guidelines as (A) Is accredited by the National Associa- (e) OFFICERS AND STAFF.—The Chairperson the Subcommittee determines to be appro- tion of Insurance Commissioners. of the Subcommittee may appoint such offi- priate governing the location, wording, and (B) Has an application for accredited sta- cers and staff as may be necessary to carry frequency of disclaimers under this para- tus pending with the National Association of out the purposes of the Subcommittee. graph and the manner in which any such dis- Insurance Commissioners. SEC. 104. NONAGENCY STATUS. claimer shall be made. (C) Has a determination by the Sub- The Subcommittee shall not be considered (4) FINAL DISCIPLINARY AND FORMAL EN- committee in effect that such State insur- an advisory committee for purposes of the FORCEMENT ACTIONS NOT SUBJECT TO LIMITA- ance department meets or exceeds the stand- Federal Advisory Committee Act or as an TION.—This subsection, and standards or pro- ards established by the National Association agency for purposes of subchapter II of chap- cedures adopted by any participant under of Insurance Commissioners for accredita- ter 5 of title 5, United States Code. this subsection, shall not apply with respect tion. SEC. 105. POWERS OF THE SUBCOMMITTEE. to information described in paragraph (1) of (f) SUBCOMMITTEE STANDARDS.—The Sub- (a) IN GENERAL.—The Subcommittee shall subsection (b). committee shall consider developing guide- have such powers as are necessary to carry (5) NO EFFECT ON PUBLIC OR COMPANY AC- lines for participants on— out the purposes of the Subcommittee under CESS.—No provision of this section shall re- (1) how to denote which types of informa- place, supersede, or otherwise affect access tion are to receive different levels of con- this title. (b) INFORMATION TO FACILITATE COORDINA- to any databases maintained by any Federal fidentiality protection; and TION.—Each agency and entity represented or State regulator, or any entity rep- (2) how entities or associations that act as by a member or liaison shall, to the extent resenting any such regulator, which are ac- agents for financial regulators should denote permitted by law, provide the Subcommittee cessible by the public or persons engaged in such agency status when acting in that ca- with a description of the types of databases the business of conducting financial activi- pacity. ties. (g) REPORTING AND FEASIBILITY REQUIRE- maintained by the agency or entity to assist (d) ELIGIBILITY REQUIREMENTS FOR STATE MENTS AND REVIEW OF OPTIMAL NETWORKING the Subcommittee in carrying out the pur- SECURITIES ADMINISTRATORS.— METHODS.— poses described in section 102(a). (1) IN GENERAL.—No State securities ad- (1) REPORT.—Before the end of the 180-day (c) SERVICE OF MEMBERS AND LIAISONS.— ministrator shall be eligible to be a partici- period beginning on the date this subtitle Members of and liaisons to the Sub- pant and access the network unless— takes effect in accordance with section committee shall serve without additional (A) such State securities administrator 101(a), and again before the end of the 2-year compensation for their work on the Sub- participates in a centralized database for period beginning on such date, the Sub- committee. broker-dealers, broker-dealer agents, invest- committee shall submit a report to the Con- (d) ADMINISTRATIVE AND TECHNICAL SUP- ment advisers, and investment advisor rep- gress regarding the methods the regulators PORT.—The Subcommittee may request that resentatives, registered or required to be reg- plan to use to network information, and a any agency or entity represented by a mem- istered, as designated by the North American description of any impediments to (or rec- ber or liaison provide the Subcommittee Securities Administrators Association; and ommended additional legislation for) facili- with any administrative, technical, or other (B) such State securities administrator re- tating the appropriate sharing of such infor- support service that the Subcommittee de- quires the broker-dealer, broker-dealer mation. termines is necessary or appropriate for it to agent, investment adviser, or investment ad- (2) TIMEFRAME FOR NETWORKING.— carry out the purposes described in section viser representative, currently registered or (A) IN GENERAL.—The networking of infor- 102(a). required to be registered, to file any applica- mation required under subsection (b)(1) shall SEC. 106. AGREEMENT ON COST STRUCTURE. tion, amendment to an application, or a re- be established before the end of the 2-year (a) IN GENERAL.—The Subcommittee shall newal of an application through the central- period beginning on the date this subtitle determine, after consultation with the af- ized registration database. takes effect, unless the Subcommittee deter- fected participants or their representatives, (2) TIME DELAY FOR PARTICIPATION IN DATA- mines, in conjunction with the liaisons, that the means for providing for any costs the BASES.—The provisions of paragraph (1) shall such a network cannot be established within Subcommittee may incur in carrying out the not become effective until 3 years after the such time period in a practicable and cost-ef- purposes of this subtitle. date of enactment of this Act. fective manner. (b) CONSULTATION AND AGREEMENT ON FEES (e) ELIGIBILITY REQUIREMENTS FOR STATE (B) REPORTS ON EFFORTS IF TIMEFRAME IS AND CONTRIBUTIONS.—Notwithstanding any INSURANCE COMMISSIONERS.— NOT MET.—If the Subcommittee makes such a other provision of this subtitle, the Sub- (1) PARTICIPATION IN DATABASES.—No State determination, the Subcommittee shall re- committee may not impose any fee or assess- insurance commissioner shall be eligible to port annually to the Congress on its efforts ment on, or apportion any contribution access the network unless such commis- to coordinate the sharing of appropriate in- against, any member or liaison under this sioner participates with other State insur- formation among the regulators until the section unless— ance commissioners— networking requirements are fulfilled. (1) the Subcommittee consults with such (A) in a centralized database addressing (h) OTHER SHARING ARRANGEMENTS NOT AF- member or liaison; and disciplinary or enforcement actions taken FECTED.—No provision of this section shall (2) the member or liaison consents to the against persons engaged in the business of be construed as limiting or otherwise affect- amounts, or to a schedule, of such fees, as- insurance, such as the Regulatory Informa- ing the authority of a financial regulator or sessments, or contributions.

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(c) REIMBURSEMENT OF PARTICIPANT (1) IN GENERAL.—No provision of this sec- pervisory information to the Congress, the COSTS.—Before allowing access by the Sub- tion shall be construed as preventing— Comptroller General, or another financial committee or a participant to any informa- (A) a person engaged in the business of regulator, such action shall not affect the tion described in section 102, other than ac- conducting financial activities from pro- ability of the financial regulator to assert cess described in subsection (b)(1) of such viding a report that is required by, or pre- any privilege associated with such informa- section, a member or liaison may request the pared at the request of, a financial regulator tion against any other person. reimbursement of reasonable costs for pro- (the originating financial regulator) to an- (d) TREATMENT OF FOREIGN SUPERVISORY viding such access. other financial regulator that has the au- INFORMATION.—In any proceeding before a Subtitle C—Regulatory Provisions thority to obtain the information from the Federal or State court of the United States, person under any other provision of law; SEC. 111. AGENCY SUPERVISORY PRIVILEGE. in which a person seeks to compel produc- (B) a financial regulator that obtains a re- (a) DEFINITIONS.—For purposes of this sec- tion or disclosure by a financial regulator of port described in subparagraph (A) from a tion, the following definitions shall apply: information or documents prepared or col- person engaged in the business of conducting (1) SUPERVISORY PROCESS.—The term ‘‘su- lected by a foreign financial regulator that financial activities from using or disclosing pervisory process’’ means any activity en- would, had the information or document such report to the extent otherwise per- gaged in by a financial regulator to carry been prepared or collected by a financial reg- mitted by law; or out the official responsibilities of the finan- ulator, be confidential supervisory informa- (C) a person engaged in the business of con- cial regulator with regard to the regulation tion for purposes of this section, the infor- ducting financial activities from sharing or supervision of persons engaged in the mation or document shall be privileged to confidential supervisory information with the same extent that the information and business of conducting financial activities, the person’s attorneys, accountants, and including examinations, inspections, visita- documents of financial regulators are privi- auditors, solely for the purpose of providing leged under this title. tions, investigations, consumer complaints, legal, accounting, or auditing services, re- (e) OTHER PRIVILEGES NOT WAIVED BY DIS- or any other regulatory or supervisory ac- spectively, for such person, except that— CLOSURE TO FINANCIAL REGULATOR.—The sub- tivities. (i) such sharing shall not be considered a mission by a person engaged in the business (2) CONFIDENTIAL SUPERVISORY INFORMA- disclosure for any other purpose; of conducting financial activities of any in- TION.—Subject to paragraph (3), the term (ii) the attorneys, accountants, or auditors formation to a financial regulator or a for- ‘‘confidential supervisory information’’ may not further disclose such information; eign financial regulator in connection with means any of the following information and the supervisory process of such financial reg- which is treated as, or considered to be, con- (iii) such sharing shall be conducted in ac- ulator or foreign financial regulator shall fidential information by a financial regu- cordance with any other applicable gov- not waive, destroy, or otherwise affect any lator, regardless of the form or format in erning laws and regulations. privilege such person may claim with respect which the information is created, conveyed, (2) PRIVILEGE PRESERVED.—If a person pro- or maintained: vides a report referred to in paragraph (1) to to such information under Federal or State (A) Any report of examination, inspection, a financial regulator other than the origi- law as to a party other than such financial visitation, or investigation, and information nating financial regulator, such action shall regulator or foreign financial regulator. prepared or collected by the financial regu- not affect the ability of the originating fi- (f) DISCOVERY AND DISCLOSURE OF INFORMA- lator in connection with the supervisory nancial regulator to assert any privilege TION.— process, including— that such financial regulator may claim with (1) INFORMATION AVAILABLE ONLY FROM FI- (i) any file, work paper, or similar informa- respect to the report against any person that NANCIAL REGULATOR.— tion; is not a financial regulator. (A) IN GENERAL.—No person (other than the (ii) any correspondence, communication, (c) FINANCIAL REGULATOR SUPERVISORY financial regulator that created the informa- or information exchanged, in connection PRIVILEGE.— tion or requested the information from a per- with the supervisory process, between a fi- (1) PRIVILEGE ESTABLISHED.— son engaged in the business of conducting fi- nancial regulator and a person engaged in (A) IN GENERAL.—All confidential super- nancial activities) may disclose, in whole or the business of conducting financial activi- visory information shall be privileged from in part, any confidential supervisory infor- ties; and disclosure to any person except as provided mation to any person who seeks such infor- (iii) any information, including any report, in this section. mation through subpoena, discovery proce- created by or on behalf of a person engaged (B) PROHIBITION ON UNAUTHORIZED DISCLO- dures, or otherwise. in the business of conducting financial ac- SURES.—No person in possession of confiden- (B) PROCEDURE FOR REQUESTS SUBMITTED TO tivities that is required by, or is prepared at tial supervisory information may disclose FINANCIAL REGULATOR.— the request of, a financial regulator in con- such information, in whole or in part, with- (i) IN GENERAL.—Any request for discovery nection with the supervisory process. out the prior authorization of the financial or disclosure of confidential supervisory in- (B) Any record to the extent it contains in- regulator that created the information, or formation shall be made to the financial reg- formation derived from any report, cor- requested the information from a person en- ulator that created the information, or re- respondence, communication or other infor- gaged in the business of conducting financial quested the information from a person en- mation described in subparagraph (A). activities, except for a disclosure made in gaged in the business of conducting financial (C) Any consumer complaints filed with published statistical material that does not activities. the financial regulator by a consumer with disclose, either directly or when used in con- (ii) PROCEDURE.—Upon receiving a request respect to a person engaged in the business junction with publicly available informa- for confidential supervisory information, the of conducting financial activities that have tion, the affairs of any person or other per- financial regulator shall determine within a been identified by the financial regulator as sonally identifiable information. reasonable time period whether to disclose requiring confidential treatment to protect (C) AGENCY WAIVER.—The financial regu- such information pursuant to procedures and the integrity of an investigation or the safe- lator that created the confidential super- criteria established by the financial regu- ty of an individual. visory information, or requested the con- lator. (3) EXCLUSIONS.—The term ‘‘confidential fidential supervisory information from a per- (C) NOTIFICATION.— supervisory information’’ shall not include— son engaged in the business of conducting fi- (i) IN GENERAL.—Before any financial regu- (A) any book, record, or other information, nancial activities, may waive, in whole or in lator releases confidential supervisory infor- in the possession of, or maintained on behalf part, in the discretion of the regulator, any mation that was requested from a person en- of, the person engaged in the business of con- privilege established under this paragraph gaged in the business of conducting financial ducting financial activities that— with respect to such information. activities to a person under subparagraph (i) is not a report required by, or prepared (2) EXCEPTIONS.— (B), notice and a reasonable time for com- at the request of, a financial regulator; and (A) ACCESS BY GOVERNMENTAL BODIES.— ment shall be provided to the person from (ii) is not, and is not derived from, con- (i) CONGRESS AND GENERAL ACCOUNTING OF- whom such information was requested unless fidential supervisory information that was FICE.—No provision of paragraph (1) shall be such information— created or prepared by a financial regulator; construed as preventing access to confiden- (I) is being provided to another financial or tial supervisory information by duly author- regulator, an agency or entity represented (B) any information required to be made ized committees of the Congress or the by a liaison to the Subcommittee, or a Fed- publicly available by— Comptroller General of the United States. eral, State, or foreign government (or any (i) any applicable Federal law or regula- (ii) FINANCIAL REGULATOR OVERSIGHT.—No agency or instrumentality of any such gov- tion; or financial regulator which is described in sub- ernment acting in any capacity); (ii) in the case of confidential supervisory paragraph (P), (Q), or (R) of section 115(3) (II) is being sought for use in a criminal information created by a State financial reg- and is subject to the oversight of a Federal proceeding or investigation, or a regulatory, ulator or requested from a person engaged in financial regulator may assert the privilege supervisory, enforcement, or disciplinary ad- the business of conducting financial activi- described in paragraph (1) to prevent access ministrative proceeding, civil action, or in- ties by a State financial regulator, any ap- to confidential supervisory information by vestigation; or plicable State law or regulation that specifi- such Federal financial regulator. (III) was originally created, or included in cally refers to such type of information. (B) PRIVILEGE NOT WAIVED.—If a financial information created, by the financial regu- (b) SHARING OF REPORTS.— regulator provides access to confidential su- lator.

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(ii) PROCEDURES AND REQUIREMENTS.—A fi- (k) SHARING OF CONFIDENTIAL SUPERVISORY section 111, any requirement under Federal nancial regulator may prescribe regulations, INFORMATION AMONG FEDERAL FUNCTIONAL or State law regarding the privacy or con- or issue orders, guidelines, or procedures, REGULATORS.—A Federal functional regu- fidentiality of any information or material governing the notice and time period re- lator (as defined in section 509 of the in the possession of the National Association quired by clause (i). Gramm-Leach-Bliley Act) shall freely share, of Insurance Commissioners, or any member (2) FEDERAL COURT JURISDICTION OVER DIS- upon request, any confidential supervisory or affiliate of the Association, and any privi- PUTES.— information created by it with another Fed- lege arising under Federal or State law (in- (A) DECLARATORY JUDGMENT.—If a party eral functional regulator subject only to any cluding the rules of any Federal or State seeks in any action or proceeding to compel existing legal restrictions on the regulator’s court) with respect to such information or disclosure of confidential supervisory infor- authority to share or disclose information material, shall continue to apply to such in- mation, a financial regulator may in a civil and to the following paragraphs: formation or material after the information action for a declaratory judgment seek to (1) REQUESTS DIRECTED TO REGULATOR.—A has been disclosed to the Association, or any prevent such disclosure. Federal functional regulator may seek infor- other member or affiliate of the Association, (B) JUDICIAL REVIEW.—Judicial review of mation described in this subsection solely through the computer databases maintained the final action of a financial regulator with from the Federal functional regulator that by the Association. regard to the disposition of a request for con- created the information (hereafter in this (3) NONAPPLICABILITY OF CERTAIN REQUIRE- fidential supervisory information shall be subsection referred to as the ‘‘originating MENTS.—Information or material that is sub- before a district court of the United States regulator’’), and not from any other person ject to a privilege or confidentiality under of competent jurisdiction, subject to chapter (unless authorized by the originating regu- any other paragraph of this subsection shall 7 of part I of title 5, United States Code. lator). not be subject to— (g) AUTHORITY TO INTERVENE.—In the case (2) REVIEW OF REQUESTS.—Notwithstanding (A) disclosure under any Federal or State of any action or proceeding to compel com- any other provision of law, in response to a law governing the disclosure to the public of pliance with a subpoena, order, discovery re- request for such information, the originating information held by an officer or an agency quest, or other judicial or administrative regulator may decline to provide any portion of the Federal Government or the respective process with respect to any confidential su- of the information if the originating regu- State; or pervisory information of a financial regu- lator, in consultation with the requesting (B) subpoena or discovery, or admission lator concerning any person engaged in the regulator and after giving due consideration into evidence, in any private civil action or business of conducting financial activities, to the request, determines that withholding administrative process, the financial regulator may intervene in the information is appropriate in the public such action or proceeding, and such person unless with respect to any privilege held by interest. a participant with respect to such informa- may intervene with such regulator, for the (3) USE WITHIN AGENCY PERMITTED.—Any purpose of— tion or material, the participant waives, in confidential supervisory information re- whole or in part, in the discretion of the par- (1) enforcing the limitations established in ceived by a requesting regulator under this paragraph (1) of subsections (c) and (f); ticipant, such privilege. subsection may be shared freely among per- (b) PREEMPTION OF STATE LAW.—Any State (2) seeking the withdrawal of any compul- sonnel within the requesting regulator. sory process with respect to such informa- law, including any State open record law, re- (4) APPROVAL REQUIRED FOR OTHER USES.— tion; and lating to the disclosure of confidential super- The requesting regulator shall obtain the ap- (3) registering appropriate objections with visory information or any information or proval of the originating regulator before respect to the action or proceeding to the ex- material described in subsection (a) that is any information described in this subsection tent the action or proceeding relates to or inconsistent with any provision of section is— involves such information. 111 or subsection (a) of this section shall be (A) made public; (h) RIGHT TO APPEAL.—Any court order superseded by the requirements of such pro- that compels production of confidential su- (B) provided to any third person or agency; vision to the extent State law provides less pervisory information may be immediately or confidentiality or a weaker privilege. appealed by the financial regulator and the (C) cited or made a part of the record in (c) DUTY OF FINANCIAL REGULATOR TO order compelling production shall be auto- the course of any enforcement action. MAINTAIN CONFIDENTIALITY.—A participant matically stayed, pending the outcome of (l) ACCESS TO INFORMATION OF REGULATED may not receive, download, copy, or other- such appeal. ENTITY PRESERVED.—No provision of this wise maintain any information or material (i) REGULATIONS.— section shall be construed as preventing a from any other member of or liaison to the (1) AUTHORITY TO PRESCRIBE.—Each finan- Federal functional regulator (as defined in Subcommittee through the network unless— cial regulator may prescribe such regula- section 509 of the Gramm-Leach-Bliley Act) (1) the participant maintains a system that tions as the regulator considers to be appro- from obtaining from any person, other than enables the participant to maintain full priate, after consultation with the other fi- a Federal functional regulator, any book, compliance with the requirements of sec- nancial regulators (to the extent the pre- record or information (other than confiden- tions 100, 102, and 111 and this section, with scribing financial regulator considers appro- tial supervisory information created by a respect to such information and material; Federal functional regulator), including any priate and feasible), to carry out the pur- and book, record or other information referred to poses of this section. (2) if and to the extent required by the in, or constituting the underlying data for, (2) AUTHORITY TO REQUIRE NOTICE.—Any guidelines established under sections 100 and any confidential supervisory information regulations prescribed by a financial regu- 102, a record is maintained of each attempt created by another Federal functional regu- lator under paragraph (1) may require any to access such information and material, and lator. person in possession of confidential super- the identity of the person making the at- visory information to notify the financial (m) NO GRANT OF AUTHORITY.—No provi- sion of this section shall be construed as pro- tempt, in order to prevent evasions of such regulator whenever the person is served with requirements. a subpoena, order, discovery request, or viding any financial regulator any new au- SEC. 113. LIABILITY PROVISIONS. other judicial or administrative process re- thority to request or obtain information. (n) NO WAIVER OF ANY PRIVILEGE OF ANY (a) NO LIABILITY FOR GOOD FAITH DISCLO- quiring the personal attendance of such per- OTHER PARTY.—No provision of this Act shall SURES.—Any financial regulator, and any of- son as a witness or requiring the production be construed as providing a financial regu- ficer or employee of any financial regulator, of such information in any proceeding. (j) ABILITY TO PARTIALLY WAIVE PRIVILEGE lator with any new authority to disclose in- shall not be subject to any civil action or WHERE NO OTHER PRIVILEGE APPLIES.—A fi- formation in contravention of applicable law proceeding for monetary damages by reason nancial regulator may, to the extent per- governing disclosure of information. of the good faith action or omission of any mitted by applicable law governing the dis- SEC. 112. CONFIDENTIALITY OF INFORMATION. officer or employee, while acting within the closure of information by the regulator, au- (a) IN GENERAL.— scope of office or employment, relating to thorize a waiver of the privilege established (1) FINANCIAL REGULATORS.—Except as oth- collecting, furnishing, or disseminating reg- by this section to allow access by a person to erwise provided in this section or section 111, ulatory or supervisory information con- confidential supervisory information created any requirement under Federal or State law cerning persons engaged in the business of by such regulator (or requested by such regu- regarding the privacy or confidentiality of conducting financial activities, to or from lator from any person engaged in the busi- any information or material in the posses- another financial regulator, whether directly ness of conducting financial activities), ex- sion of any participant, and any privilege or through the network. cept that— arising under Federal or State law (including (b) CRIMINAL LIABILITY FOR INTENTIONAL (1) the regulator may place appropriate the rules of any Federal or State court) with UNLAWFUL DISCLOSURES.— limits on the use and disclosure of the infor- respect to such information or material, (1) IN GENERAL.—It shall be unlawful to mation shared, and may continue to assert shall continue to apply to such information willfully disclose to any person any informa- the privilege with respect to any other per- or material after the information or mate- tion concerning any person engaged in the son that seeks access to the information; and rial has been disclosed through the network business of conducting financial activities (2) such waiver shall not affect any other to another participant or, if subtitle B has knowing the disclosure to be in violation of privilege or confidentiality protection that taken effect, the Subcommittee. any provision of this title— any party may assert against any person (2) CERTAIN INSURANCE INFORMATION.—Ex- (A) requiring the confidentiality of such other than such financial regulator. cept as otherwise provided in this section or information; or

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(B) establishing a privilege from disclosure (C) CRIME OF VIOLENCE DEFINED.—For pur- regulating any activities related to the busi- for such information that has not been poses of subparagraph (B)(ii)(V), the term ness of insurance. waived by the relevant financial regulator. ‘‘crime of violence’’ means a burglary of a (B) WAIVER AUTHORIZED.—The Attorney (2) PENALTY.—Notwithstanding section 3571 dwelling and a criminal offense that has as General, in the discretion of the Attorney of title 18, United States Code, any person an element the use or attempted use of phys- General, may waive the bar in subparagraph who violates paragraph (1) shall be fined an ical force, or threat of great bodily harm, or (A), as appropriate. amount not to exceed the greater of $100,000 the use, attempted use, or threatened use of (e) RELIANCE ON INFORMATION.—A financial or the amount of the actual damages sus- a deadly weapon, against an individual, in- regulator (or such regulator’s designated tained by any person as a result of such vio- cluding committing or attempting to com- agent under subsection (g)(1)) who reason- lation, or imprisoned not more than 5 years, mit murder, manslaughter, kidnapping, ag- ably relies on information provided under or both. gravated assault, forcible sex offenses, rob- this section shall not be liable in any action (c) FULL, CONTINUED PROTECTION UNDER bery, arson, extortion, and extortionate ex- for using information as permitted under THE SO-CALLED ‘‘FEDERAL TORT CLAIMS tension of credit. this section in good faith. ACT’’.—No provision of this Act shall be con- (4) STATE UNIFORM OR RECIPROCITY LAWS RE- (f) CLARIFICATION OF SECTION 1033.—With strued as reducing or limiting any protection QUIREMENT.— respect to any action brought under section provided for any Federal agency, or any offi- (A) IN GENERAL.—The Attorney General 1033(e)(1)(B) of title 18, United States Code, cer or employee of any Federal agency, may not provide any records under this sub- no person engaged in the business of con- under section 2679 of title 28, United States section to an insurance regulator of a State, ducting financial activities shall be subject Code. or agent of such regulator, if such State does to any penalty resulting from such section if (d) PROTECTION APPLIED TO THE SUB- not have in effect uniform or reciprocity the individual who the person permitted to COMMITTEE.—For the purposes of this sec- laws and regulations governing the licensure engage in the business of insurance is li- tion, the term ‘‘financial regulator’’ includes of individuals and entities authorized to sell censed, or approved (as part of an application the Subcommittee after subtitle B has taken and solicit the purchase of insurance within or otherwise), by a State insurance regulator effect. the State as set forth in section 321 of P.L. that performs criminal background checks SEC. 114. AUTHORIZATION FOR IDENTIFICATION 106-102. under this section, unless such person knows AND CRIMINAL BACKGROUND (B) DETERMINATION OF RECIPROCITY.—The that the individual is in violation of section CHECK. determination of whether or not a State has 1033(e)(1)(A) of such title. (a) SHARING OF CRIMINAL RECORDS.— uniform or reciprocity laws or regulations in (g) DESIGNATION OF AGENT.— (1) ATTORNEY GENERAL AUTHORIZATION.— effect for purposes of subparagraph (A) shall (1) IN GENERAL.—A financial regulator may Upon receiving a request from a financial designate an agent for facilitating requests regulator, the Attorney General shall— be made by the Attorney General, with the advice and counsel of the National Associa- and exchanges of information under this sec- (A) search the records of the Criminal Jus- tion between or among the financial regu- tice Information Services Division of the tion of Insurance Commissioners. (C) EXCEPTION UNDER CERTAIN CIR- lator, the Attorney General, and any other Federal Bureau of Investigation, and any authorized agent. other similar database over which the Attor- CUMSTANCES.—Notwithstanding subpara- graph (B), the Attorney General may provide (2) SENSE OF CONGRESS REGARDING AGENTS ney General has authority and deems appro- OF INSURANCE REGULATORS.—It is the sense of priate, for any criminal background records records under this section to an insurance regulator of a State, or agent of such regu- the Congress that— (including wanted persons information) cor- (A) each State insurance commissioner responding to the identification information lator, on the basis of a specific determina- tion by the National Association of Insur- should designate the National Association of provided under subsection (b); and Insurance Commissioners as an agent under (B) either— ance Commissioners that such State has in effect uniform or reciprocity laws and regu- paragraph (1); (i) shall provide any such records to any (B) persons engaged in the business of in- authorized agent of the financial regulator, lations referred to in subparagraph (A) if— (i) a determination by the Attorney Gen- surance should be able to use the National which shall provide the relevant information Association of Insurance Commissioners to to such regulator; or eral under subparagraph (B) is pending; or (ii) the Attorney General considers wheth- facilitate obtaining fingerprints and sup- (ii) may provide such records directly to plying identification information for use in the financial regulator if the Attorney Gen- er such State has in effect such uniform or reciprocity laws or regulations and fails to background checks under this section on a eral limits such provision of records to rel- multijurisdictional basis; evant information. make a determination, unless the Attorney General subsequently determines that such (C) the National Association of Insurance (2) AUTHORIZED AGENT DEFINED.—For pur- State does not have in effect uniform or reci- Commissioners should maintain a database poses of this section, the term ‘‘authorized to obtain records under this section for use agent’’ means— procity laws or regulations. (b) FORM OF REQUEST.—A request under by State insurance commissioners to reduce (A) any agent which has been recognized subsection (a) shall include a copy of any multiple or duplicative fingerprinting re- by the Attorney General for such purpose necessary identification information re- quirements and criminal background checks, and authorized by at least 3 other financial quired by the Attorney General, such as the except that any such record shall not be regulators to receive such records and per- name and fingerprints of the person about maintained for more than 1 year without form the information sharing requirements whom the record is requested and a state- performing a new background check to de- of paragraph (3); ment signed by the person acknowledging termine if the criminal background record (B) the State attorney general for the that the regulator (or such regulator’s des- has changed; State in which the regulator is primarily lo- ignated agent under subsection (g)(1)) may (D) other financial regulators that require cated; and request the search. fingerprints and criminal background checks (C) any law enforcement designee of the (c) LIMITATION ON PERMISSIBLE USES OF IN- should similarly coordinate efforts to reduce Attorney General or such State attorney FORMATION.—Information obtained under duplication for persons engaged in the busi- general. this section may— ness of conducting multiple types of finan- (3) INFORMATION SHARED.— (1) be used only for regulatory or law en- cial activities; and (A) IN GENERAL.—The authorized agent forcement purposes; and (E) the National Association of Insurance shall provide to the requesting financial reg- (2) be disclosed— Commissioners, and other financial regu- ulator only any records that are relevant in- (A) only to other financial regulators or lators that use this section, should consult formation. Federal or State law enforcement agencies; with the Attorney General to consider the (B) RELEVANT INFORMATION DEFINED.—For and feasibility of developing an on-going notifi- purposes of this section, the term ‘‘relevant (B) only if the recipient agrees to— cation system that would allow the Attorney information’’ means any of the following (i) maintain the confidentiality of such in- General to notify such Association when a li- records: formation; and censed or approved insurance professional is (i) All felony convictions. (ii) limit the use of such information to ap- convicted of a relevant crime. (ii) All misdemeanor convictions involv- propriate regulatory and law enforcement (h) FEES.—The Attorney General may ing— purposes. charge a reasonable fee for the provision of (I) violation of a law involving financial (d) PENALTY FOR IMPROPER USE.— information under this section. activities; (1) IN GENERAL.—Whoever uses any infor- (i) RULE OF CONSTRUCTION.—This section (II) dishonesty or breach of trust, within mation obtained under this section know- shall not— the meaning of section 1033 of title 18, United ingly and willfully for an unauthorized pur- (1) provide independent authorization for a States Code, including taking, withholding, pose shall be fined under title 18, United financial regulator to require fingerprinting misappropriating, or converting money or States Code, imprisoned for not more than 2 as a part of a licensure or other application; property; years, or both. (2) require a financial regulator to perform (III) failure to comply with child support (2) ADDITIONAL PENALTIES AND WAIVERS.— criminal background checks under this sec- obligations; (A) IN GENERAL.—Any authorized agent tion; or (IV) failure to pay taxes; and who violates paragraph (1), or any individual (3) supersede or otherwise limit any other (V) domestic violence, child abuse, or a who directs such agent to violate such para- authority that allows access to criminal crime of violence. graph, shall be barred from engaging in or background records.

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(j) REGULATIONS.—The Attorney General (P) the National Association of Securities (1) by striking ‘‘and’’ at the end of para- may prescribe regulations to carry out this Dealers, only to the extent that— graph (11); section. (i) such association is acting in connection (2) by striking the period at the end of SEC. 115. DEFINITIONS. with the financial services industry; and paragraph (12) and inserting ‘‘; or’’; and For purposes of this title, the following (ii) the association and the relevant ac- (3) by inserting after paragraph (12) the fol- definitions shall apply: tions are subject to the oversight of the Se- lowing new paragraph: (1) FEDERAL BANKING AGENCY.—The term curities and Exchange Commission; ‘‘(13) for recordkeeping, licensing, and ‘‘Federal banking agency’’ has the same (Q) the National Futures Association, only other regulatory and law enforcement pur- meaning as given in section 3(z) of the Fed- to the extent that— poses in accordance with title I of the Finan- eral Deposit Insurance Act. (i) such association is acting in connection cial Services Antifraud Network Act of with the financial services industry; and (2) FINANCIAL ACTIVITIES.— 2001— (ii) the association and the relevant ac- (A) IN GENERAL.—The term ‘‘financial ac- ‘‘(A) through a network or name-relation- tivities’’— tions are subject to the oversight of the ship index maintained under such title; or (i) means banking activities (including the Commodity Futures Trading Commission or ‘‘(B) to a multistate database maintained ownership of a bank), securities activities, the Securities and Exchange Commission; by the National Association of Insurance insurance activities, or commodities activi- and Commissioners and any subsidiary or affil- (R) any other self-regulatory organization ties; and iate of such association, subject to the re- that engages in or coordinates regulatory (ii) includes all activities that are finan- quirements of such title.’’. and supervisory activities, with respect to cial in nature or are incidental to a financial (b) Section 1113 of the Financial Institu- any person engaged in the business of con- activity (as defined under section 4(k) of the tions Regulatory and Interest Rate Control ducting financial activities, and is subject to Bank Holding Company Act of 1956). Act of 1978 (12 U.S.C. 3413) is amended by add- the oversight of the Securities and Exchange ing at the end the following new subsection: (B) RULE OF CONSTRUCTION.—Subparagraph Commission or the Commodity Futures ‘‘(r) This title shall not apply to disclosure (A) shall not be construed as creating any in- Trading Commission, but only to the extent by a financial regulator of information pur- ference, including any negative inference, that the organization engages in such activi- suant to subtitle A or B of title I of the Fi- concerning the types or extent of activities ties and is subject to such oversight. nancial Services Antifraud Network Act of that are appropriately recognized as activi- (4) FOREIGN FINANCIAL REGULATOR.—The 2001 to the extent the disclosure is made in ties that are financial in nature, or are inci- term ‘‘foreign financial regulator’’ means accordance with the requirements of such dental to a financial activity, for purposes of any agency, entity, or body (including a self- Act.’’. section 4 of the Bank Holding Company Act regulatory organization) that is empowered (c) Section 602 of the Consumer Credit Pro- of 1956. by the laws of a foreign country to supervise tection Act (15 U.S.C. 1681) is amended by (3) FINANCIAL REGULATOR.—The term ‘‘fi- and regulate persons engaged in the business adding at the end the following new sub- nancial regulator’’ means— of conducting financial activities, but only section: (A) each Federal banking agency; to the extent of such supervisory and regu- ‘‘(c) This title shall not apply to a commu- (B) the Securities and Exchange Commis- latory activities. nication between participants, as defined in sion; (5) PARTICIPANT.—The term ‘‘participant’’ the Financial Services Antifraud Network (C) the Commodity Futures Trading Com- means any entity described in section 101 as Act of 2001, to the extent the communication mission; being represented by a member of, or a liai- is made in accordance with such Act.’’. (D) the National Credit Union Administra- son to, the Subcommittee (regardless of SEC. 117. AUDIT OF STATE INSURANCE REGU- tion; whether subtitle B has taken effect) but only LATORS. (E) the Farm Credit Administration; to the extent the regulator provides or ob- (a) IN GENERAL.—At the request of the Con- (F) the Federal Housing Finance Board; tains access to information through the net- gress, the Comptroller General shall audit a (G) the Federal Trade Commission, to the work. State insurance regulator or any person who maintains information on behalf of such reg- extent the Commission has jurisdiction over (6) PERSON.—The term ‘‘person’’ includes financial activities being conducted by a per- any financial regulator. ulator. (b) LIMITATIONS ON DISCLOSURE OF INFOR- son engaged in the business of conducting fi- (7) PERSON ENGAGED IN THE BUSINESS OF MATION.—Except as provided in this sub- nancial activities; CONDUCTING FINANCIAL ACTIVITIES.—The term section, an officer or employee of the Gen- (H) the Secretary of the Treasury, to the ‘‘person engaged in the business of con- eral Accounting Office may not disclose in- extent the Secretary has jurisdiction over fi- ducting financial activities’’ includes, to the nancial activities being conducted by a per- formation identifying an open insurance extent appropriate under the laws applicable company or a customer of an open or closed son engaged in the business of conducting fi- to the jurisdiction of a financial regulator insurance company. The Comptroller Gen- nancial activities; over such person— eral may disclose information related to the (I) the Office of Federal Housing Enterprise (A) any director, officer, employee, or con- affairs of a closed insurance company only if Oversight of the Department of Housing and trolling stockholder of, or agent for, any the Comptroller General believes the cus- Urban Development; such person; tomer had a controlling influence in the (J) the Appraisal Subcommittee of the Fi- (B) any other person who has filed or is re- management of the closed insurance com- nancial Institutions Examination Council; quired to file a change-in-control notice with pany or was related to or affiliated with a (K) any State bank supervisor (as defined the appropriate financial regulator before person or group having a controlling influ- in section 3(r) of the Federal Deposit Insur- acquiring control of such person; and ence. ance Act), including the Conference of State (C) any person who has sought approval (c) COORDINATION WITH STATE REGU- Bank Supervisors only to the extent such from a financial regulator to engage in the LATOR.—An officer or employee of the Gen- conference is acting as an agent of, and is business of conducting financial activities, eral Accounting Office may discuss a cus- subject to the oversight of, any such State or that was engaged in such business and tomer or insurance company with an official bank supervisor; subject to the jurisdiction of a financial reg- of a State insurance regulator and may re- (L) any State savings association super- ulator; and port an apparent criminal violation to an ap- visor, including the American Council of (D) any shareholder, consultant, joint ven- propriate law enforcement authority of the State Savings Supervisors only to the extent ture partner, and any other person, including United States Government or a State. such conference is acting as an agent of, and an independent contractor, as determined by (d) CONGRESSIONAL OVERSIGHT.—This sub- is subject to the oversight of, any such State the appropriate financial regulator (by regu- section shall not be construed as authorizing savings association supervisor; lation or case-by-case) who participates in an officer or employee of a State insurance (M) any State insurance commissioner, in- the conduct of the affairs of such person. regulator to withhold information from a cluding the National Association of Insur- (8) STATE INSURANCE COMMISSIONER.—The committee of the Congress authorized to ance Commissioners only to the extent such term ‘‘State insurance commissioner’’ means have the information. association is acting as the agent of, and is any officer, agency, or other entity of any (e) ADMINISTRATIVE ASPECTS OF AUDIT.— subject to the oversight of, any such insur- State which has primary regulatory author- (1) IN GENERAL.—To carry out this section, ance commissioner; ity over the business of insurance and over all records and property of or used by a State (N) any State securities administrator, in- any person engaged in the business of insur- insurance regulator, including samples of re- cluding the North American Securities Ad- ance to the extent of such activities, in such ports of examinations of an insurance com- ministrators Association only to the extent State. pany the Comptroller General considers sta- such association is acting as the agent of, (9) STATE SECURITIES ADMINISTRATOR.—The tistically meaningful and workpapers and and is subject to the oversight of, any such term ‘‘State securities administrator’’ correspondence related to the reports shall securities administrator; means the securities commission (or any be made available to the Comptroller Gen- (O) any State credit union supervisor, in- agency or office performing like functions) eral. The Comptroller General shall give a cluding the National Association of State of any State. State insurance regulator a current list of Credit Union Supervisors only to the extent SEC. 116. TECHNICAL AND CONFORMING AMEND- officers and employees to whom, with proper such association is acting as the agent of, MENTS TO OTHER ACTS. identification, records and property may be and is subject to the oversight of, any such (a) Subsection (b) of section 552a of title 5, made available, and who may make notes or credit union supervisor; United States Code, is amended— copies necessary to carry out an audit.

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.004 pfrm02 PsN: H06PT1 H7740 CONGRESSIONAL RECORD — HOUSE November 6, 2001

(2) PREVENTION OF UNAUTHORIZED ACCESS.— the entity designated by the Commission fact, or omitted to state in any such applica- The Comptroller General shall prevent unau- under subsection (b)(1)— tion, report, or proceeding any material fact thorized access to records or property of or ‘‘(A) to establish and maintain a toll-free that is required to be stated therein; used by a State insurance regulator that the telephone listing or other readily accessible ‘‘(ii) violated any foreign statute or regula- Comptroller General obtains during an audit. electronic process to receive inquiries re- tion regarding securities, banking, thrift ac- (f) CONFIDENTIALITY.— garding disciplinary actions and proceedings tivities, credit union activities, insurance, or (1) IN GENERAL.—The Comptroller General and other information involving investment contracts of sale of a commodity for future shall maintain the same level of confiden- advisers and persons associated with invest- delivery, traded on or subject to the rules of tiality for a record made available under this ment advisers; and a contract market or any board of trade; or section as is required of the head of the ‘‘(B) to respond promptly to such inquiries. ‘‘(iii) aided, abetted, counseled, com- State insurance regulator from which it is ‘‘(2) RECOVERY OF COSTS.—An entity des- manded, induced, or procured the violation obtained. ignated by the Commission under subsection by any other person of any provision of any (2) PREVENTION OF INVASION OF PERSONAL (b)(1) may charge persons, other than indi- statutory provisions enacted by a foreign PRIVACY.—The Comptroller General shall vidual investors, reasonable fees for re- government, or rules or regulations there- keep information described in section sponses to inquiries made under paragraph under, regarding securities, banking, thrift 552(b)(6) of title 5, United States Code, that (1). activities, credit union activities, insurance, the Comptroller General obtains in a way ‘‘(3) LIMITATION ON LIABILITY.—An entity or contracts of sale of a commodity for fu- that prevents unwarranted invasions of per- designated by the Commission under sub- ture delivery traded on or subject to the sonal privacy. section (b)(1) shall not have any liability to rules of a contract market or any board of (3) AVAILABILITY OF INFORMATION.—Except any person for any actions taken or omitted trade, or to have failed reasonably to super- as provided in subsection (b), no provision of in good faith under this subsection.’’. vise, with a view to preventing violations of this section shall be construed as author- (b) CONFORMING AMENDMENTS.— such statutory provisions, rules, and regula- izing any information to be withheld from (1) Section 203A of the Investment Advisers tions, another person who commits such a the Congress. Act of 1940 (15 U.S.C. 80b-3a) is amended— violation, if such other person is subject to (g) AVAILABILITY OF INFORMATION AND IN- (A) by striking subsection (d); and his supervision. SPECTION OF RECORDS.—The right of access of (B) by redesignating subsection (e) as sub- ‘‘(H) is subject to any final order of a State the Comptroller General to information section (d). securities commission (or any agency or offi- under this section shall be enforceable under (2) Section 306 of the National Securities cer performing like functions), State author- section 716 of title 31, United States Code. Markets Improvement Act of 1996 (15 U.S.C. ity that supervises or examines banks, (h) DEFINITIONS.—For purposes of this sec- 80b-10, note; P.L. 104-290; 110 Stat. 3439) is re- thrifts, or credit unions, State insurance tion, the following definitions shall apply: pealed. commission (or any agency or office per- (1) STATE INSURANCE REGULATOR DEFINED.— SEC. 202. SECURITIES EXCHANGE ACT OF 1934. forming like functions), an appropriate Fed- The term ‘‘State insurance regulator’’ means Subsection (i) of section 15A of the Securi- eral banking agency (as defined in section 3 the principal insurance regulatory authority ties Exchange Act of 1934 (15 U.S.C. 78o–3) is of the Federal Deposit Insurance Act (12 of a State, the District of Columbia, any ter- amended to read as follows: U.S.C. 1813(q)), or the National Credit Union ritory of the United States, Puerto Rico, ‘‘(i) OBLIGATION TO MAINTAIN DISCIPLINARY Administration, that— Guam, American Samoa, the Trust Territory AND OTHER DATA.— ‘‘(i) bars such person from association with of the Pacific Islands, the Virgin Islands, and ‘‘(1) MAINTENANCE OF SYSTEM TO RESPOND an entity regulated by such commission, au- the Northern Mariana Islands. TO INQUIRIES.—A registered securities asso- thority, agency, or officer, or from engaging (2) INSURANCE COMPANY.—The term ‘‘insur- ciation shall— in the business of securities, insurance, ance company’’ includes any person engaged ‘‘(A) establish and maintain a toll-free banking, thrift activities, or credit union ac- in the business of insurance to the extent of telephone listing or other readily accessible tivities; or such activities. electronic process to receive inquiries re- ‘‘(ii) constitutes a final order based on vio- Subtitle D—Anti-Terrorism garding disciplinary actions and proceedings lations of any laws or regulations that pro- SEC. 121. PREVENTING INTERNATIONAL TER- and other information involving its members hibit fraudulent, manipulative, or deceptive RORISM. and their associated persons and regarding conduct.’’; and (a) IN GENERAL.—The financial regulators disciplinary actions and proceedings and (2) in paragraph (6)(A)(i), by striking ‘‘or shall coordinate the network established other information that has been reported to omission enumerated in subparagraph (A), under sections 100 and 101 with their foreign the Central Registration Depository by any (D), (E), or (G)’’ and inserting ‘‘, or is subject counterparts, to the extent the regulators registered national securities exchange in- to an order or finding, enumerated in sub- deem possible, practicable, and appropriate, volving its members and their associated paragraph (A), (D), (E), (G), or (H)’’. to help uncover, hinder, and prosecute the fi- persons; and (b) MUNICIPAL SECURITIES BROKERS AND nancial activities of terrorists. ‘‘(B) promptly respond to such inquiries. DEALERS.—Section 15B(c) of the Securities (b) REPORT REQUIRED.—The entities de- ‘‘(2) RECOVERY OF COSTS.—Such association Exchange Act of 1934 (15 U.S.C. 78o–4(c)) is scribed in section 101(a) shall report to the may charge persons, other than individual amended— Congress by the end of the 6-month period investors, reasonable fees for responses to (1) in paragraph (2)— beginning on the date of the enactment of such inquiries. (A) by striking ‘‘or omission enumerated in this Act their further recommendations to ‘‘(3) LIMITATION ON LIABILITY.—Such an as- subparagraph (A), (D), (E), or (G)’’ and in- the Congress for achieving the goals of sub- sociation or exchange shall not have any li- serting ‘‘, or is subject to an order or finding, section (a). ability to any person for any actions taken enumerated in subparagraph (A), (D), (E), (G), or (H)’’; and TITLE II—SECURITIES INDUSTRY or omitted in good faith under this sub- (B) by striking ‘‘ten’’ and inserting ‘‘10’’; COORDINATION section.’’. and Subtitle B—Preventing Migration of Rogue Subtitle A—Disciplinary Information (2) in paragraph (4) by striking ‘‘or omis- Financial Professionals to the Securities In- SEC. 201. INVESTMENT ADVISERS ACT OF 1940. sion enumerated in subparagraph (A), (D), dustry (a) AMENDMENT.—Section 204 of the Invest- (E), or (G)’’ and inserting ‘‘, or is subject to ment Advisers Act of 1940 (15 U.S.C. 80b–4) is SEC. 211. SECURITIES EXCHANGE ACT OF 1934. an order or finding, enumerated in subpara- amended— (a) BROKERS AND DEALERS.—Section 15(b) graph (A), (D), (E), (G), or (H)’’. (1) by striking ‘‘Every investment’’ and in- of the Securities Exchange Act of 1934 (15 (c) GOVERNMENT SECURITIES BROKERS AND serting the following: U.S.C. 78o(b)) is amended— DEALERS.—Section 15C(c)(1) of the Securities ‘‘(a) IN GENERAL.—Every investment’’; and (1) in paragraph (4), by striking subpara- Exchange Act of 1934 (15 U.S.C. 78o–5(c)(1)) is (2) by adding at the end the following: graphs (F) and (G) and inserting the fol- amended— ‘‘(b) FILING DEPOSITORIES.—The Commis- lowing: (1) in subparagraph (A), by striking ‘‘or sion, by rule, may require an investment ad- ‘‘(F) is subject to any order of the Commis- omission enumerated in subparagraph (A), viser— sion barring or suspending the right of the (D), (E), or (G)’’ and inserting ‘‘, or is subject ‘‘(1) to file with the Commission any fee, person to be associated with a broker or to an order or finding, enumerated in sub- application, report, or notice required to be dealer. paragraph (A), (D), (E), (G), or (H)’’; and filed by this title or the rules issued under ‘‘(G) has been found by a foreign financial (2) in subparagraph (C), by striking ‘‘or this title through any entity designated by regulatory authority to have— omission enumerated in subparagraph (A), the Commission for that purpose; and ‘‘(i) made or caused to be made in any ap- (D), (E), or (G)’’ and inserting ‘‘, or is subject ‘‘(2) to pay the reasonable costs associated plication for registration or report required to an order or finding, enumerated in sub- with such filing and the establishment and to be filed with a foreign financial regu- paragraph (A), (D), (E), (G), or (H)’’. maintenance of the systems required by sub- latory authority, or in any proceeding before (d) CLEARANCE AND SETTLEMENT.—Section section (c). a foreign financial regulatory authority with 17A(c) of the Securities Exchange Act of 1934 ‘‘(c) ACCESS TO DISCIPLINARY AND OTHER IN- respect to registration, any statement that (15 U.S.C. 78q–1(c)) is amended— FORMATION.— was at the time and in the light of the cir- (1) in paragraph (3)(A), by striking ‘‘enu- ‘‘(1) MAINTENANCE OF SYSTEM TO RESPOND cumstances under which it was made false or merated in subparagraph (A), (D), (E), or TO INQUIRIES.—The Commission shall require misleading with respect to any material (G)’’ and inserting ‘‘, or is subject to an order

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.004 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7741 or finding, enumerated in subparagraph (A), Investment Advisers Act of 1940 (15 U.S.C. gentleman from Ohio (Chairman (D), (E), (G), or (H)’’; and 80b–3(f)) is amended— OXLEY) for their quick and decisive (2) in paragraph (4)(C)— (A) by striking ‘‘or (8)’’ and inserting ‘‘(8), role in moving this bill, and for work- (A) by striking ‘‘enumerated in subpara- or (9)’’; and ing with me and many others to get graph (A), (D), (E), or (G)’’ and inserting ‘‘, or (B) by inserting ‘‘or (3)’’ after ‘‘paragraph is subject to an order or finding, enumerated (2)’’. this bill to the floor today. in subparagraph (A), (D), (E), (G), or (H)’’; I also want to thank the ranking and b 1430 member, the gentleman from New York (B) by striking ‘‘ten years’’ and inserting The SPEAKER pro tempore (Mr. (Mr. LAFALCE) and the gentlewoman ‘‘10 years’’. CULBERSON). Pursuant to the rule, the from California (Ms. WATERS) for sit- (e) DEFINITION OF STATUTORY DISQUALIFICA- gentleman from Alabama (Mr. BACHUS) ting down and working through the dif- TION.—Section 3(a)(39)(F) of the Securities and the gentleman from Mississippi ferences that we had on this bill, and Exchange Act of 1934 (15 U.S.C. 78c(a)(39)(F)) is amended by striking ‘‘has committed or (Mr. SHOWS) each will control 20 min- for coming up with what I think is a omitted any act enumerated in subparagraph utes. very, very good product that is going (D), (E), or (G)’’ and inserting ‘‘has com- The Chair recognizes the gentleman to do great things to protect senior mitted or omitted any act, or is subject to from Alabama (Mr. BACHUS). citizens and those who are most at risk an order or finding, enumerated in subpara- GENERAL LEAVE of losing their financial savings and in- graph (D), (E), (G), or (H)’’. Mr. BACHUS. Mr. Speaker, I ask vestments around the country. SEC. 212. INVESTMENT ADVISERS ACT OF 1940. unanimous consent that all Members Mr. Speaker, the chairman of the (a) AUTHORITY TO DENY OR REVOKE REG- may have 5 legislative days within Committee on the Judiciary, the gen- ISTRATION BASED ON STATE (AND OTHER GOV- tleman from Wisconsin (Mr. SENSEN- ERNMENTAL) ADMINISTRATIVE ACTIONS.—Sec- which to revise and extend their re- tion 203(e) of the Investment Advisers Act of marks on this legislation, and to in- BRENNER), also was very gracious. I had 1940 (15 U.S.C. 80b–3(e)) is amended by strik- clude extraneous material in the a good conversation with him this ing paragraphs (7) and (8) and inserting the RECORD. morning, and I thank him for working following: The SPEAKER pro tempore. Is there with us and allowing us to get this bill ‘‘(7) is subject to any order of the Commis- objection to the request of the gen- to the floor of the House. sion barring or suspending the right of the tleman from Alabama? We have spent some time here, Mr. person to be associated with an investment There was no objection. Speaker, working on terrorism and fo- adviser. Mr. BACHUS. Mr. Speaker, I yield cusing the energies and resources of ‘‘(8) has been found by a foreign financial regulatory authority to have— myself such time as I may consume. this great body on making sure that ‘‘(A) made or caused to be made in any ap- Mr. Speaker, I rise in strong support the President and this country had all plication for registration or report required of H.R. 1408, the Financial Services the resources necessary to fight, de- to be filed with a foreign securities author- Antifraud Network Act of 2001. This fend, track down, and stop terrorism, ity, or in any proceeding before a foreign se- bill is the product of long and careful both in the United States and abroad curities authority with respect to registra- deliberations in the Committee on Fi- very important issues. tion, any statement that was at the time and nancial Services and the Sub- However, Mr. Speaker, there is that in light of the circumstances under which it committee on Financial Institutions other person who is lying in the weeds, was made false or misleading with respect to and Consumer Credit, which I have the that other dangerous character who is, any material fact, or has omitted to state in any such application, report, or proceeding honor of chairing. as we unfortunately know, in every any material fact that is required to be stat- I want to thank the subcommittee’s community in America, who is just ed therein; ranking member, the gentlewoman waiting for the opportunity to contact ‘‘(B) violated any foreign statute or regula- from California (Ms. WATERS), for a senior citizen or someone who is not tion regarding securities, banking, thrift ac- working with me in the spirit of bipar- quite paying attention and bilk them tivities, credit union activities, insurance, or tisanship to develop legislation that out of the very precious savings that contracts of sale of a commodity for future commands the broad consensus in the they have to get them through their delivery traded on or subject to the rules of committee and deserves similar sup- golden years or get their kids through a contract market or any board of trade; port on the House floor today. college or get that house payment ‘‘(C) aided, abetted, counseled, com- Let me also commend the chairman made at the end of the month. manded, induced, or procured the violation of the full committee, the gentleman by any other person of any foreign statute or What we found in this financial serv- regulation regarding securities, banking, from Ohio (Mr. OXLEY), who made this ices community that we have that is as thrift activities, credit union activities, in- bill one of the committee’s highest pri- different and diverse as it has ever surance, or contracts of sale of a commodity orities upon assuming his chairman- been, and coming together with the for future delivery traded on or subject to ship at the beginning of this year, and Gramm-Leach-Bliley Act that has been the rules of a contract market or any board then fought tenaciously to see it passed in the past Congress, the lines of trade, or to have failed reasonably to su- through to completion. have been blurred, but for the better. pervise, with a view to preventing violations The gentleman from Michigan (Mr. One place where we had not caught of statutory provisions, and rules and regula- ROGERS), more than anyone in this up was the fact that we could drive a tions promulgated thereunder, another per- House, deserves enormous credit as truck through the loopholes we have son who commits such a violation, if such other person is subject to his supervision. both the principal architect of the leg- created between the different regu- ‘‘(9) is subject to any final order of a State islation and its most forceful advocate lators of the different industries: the securities commission (or any agency or offi- in the committee. insurance industry, the securities in- cer performing like functions), State author- As former FBI special agents who dustry, and the banking industry. ity that supervises or examines banks, have investigated at the street level, They are all different regulators hav- thrifts, or credit unions, State insurance both the gentleman from Ohio (Chair- ing a horrible time communicating to- commission (or any agency or office per- man OXLEY) and the gentleman from gether to catch individuals who might forming like functions), an appropriate Fed- Michigan (Mr. ROGERS) are as well steal from the securities field, and then eral banking agency (as defined in section 3 move to the insurance field with no of the Federal Deposit Insurance Act (12 qualified as anyone in this body to lead U.S.C. 1813(q)), or the National Credit Union an effort to shore up the antifraud ca- catch in the system that would stop Administration, that— pabilities of our Federal, State, and them from doing that, and then again ‘‘(A) bars such person from association local authorities. move to the banking and financial with an entity regulated by such commis- Mr. Speaker, I yield such time as he services realm and do it again. sion, authority, agency, or officer, or from may consume to the gentleman from Nothing under the current system engaging in the business of securities, insur- Michigan (Mr. ROGERS), the chief archi- would allow them to get caught or stop ance, banking, thrift activities, or credit tect and chief sponsor of this legisla- them from getting a license in each of union activities; or tion. those three, even if they had been ‘‘(B) constitutes a final order based on vio- Mr. ROGERS of Michigan. Mr. barred from those other industries or lations of any laws or regulations that pro- hibit fraudulent, manipulative, or deceptive Speaker, I thank the gentleman for from serving in that particular indus- conduct.’’. yielding time to me. try. (b) BARS ON FELONS ASSOCIATED WITH IN- I want to thank the gentleman from Mr. Speaker, I say this because there VESTMENT ADVISERS.—Section 203(f) of the Alabama (Chairman BACHUS) and the are two cases in Michigan which are

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.004 pfrm02 PsN: H06PT1 H7742 CONGRESSIONAL RECORD — HOUSE November 6, 2001 happening today which are extremely fraud network to take action against that federal legislation is necessary to estab- important. them. This includes a description of lish confidentiality and liability protections so We had a case in Michigan where an the information used, where the infor- that financial regulators do not compromise individual from Flint sold securities in mation came from, and a reasonable existing legal privileges when sharing super- the form of promissory notes on a ca- opportunity to respond. visory data with other regulators and law en- sino company, LTD, went to these el- In the privacy sector, Mr. Speaker, to forcement agencies. Also, the Financial Serv- derly individuals and sold them the protect information shared between ices Roundtable testified that financial fraud idea of riches in a hurry, and if they in- regulators, the bill establishes certain costs consumers and the industry about $100 vest in this key company they would confidentiality and liability provisions billion annually, and that greater information reap the benefits of all the casino gam- of regulatory information. sharing will significantly reduce this fraud. ing industries in Michigan. Insurance regulators were given in- The primary focus of H.R. 1408 is to help We soon found out, much to the peril creased information when performing the financial regulators coordinate their anti- of those investing, many of whom were criminal background checks on finan- fraud efforts, particularly by coordinating com- senior citizens, that that money in fact cial professionals. puter protocols so that their systems can was being used to pay his expenses and Further safeguards were also added seamlessly communicate and share critical in- pay the expenses of his other compa- governing the use of such information, formation. It is important to point out that this nies, and paying off other loans that he as well as strong penalties for the mis- network will not be a database; instead, it di- had made throughout time, better use of an individual’s criminal records. rects the regulators to establish computer con- known in the criminal world as a Ponzi Again, I want to say this clearly, be- nections allowing regulators’ existing data- scheme. He would take the money in to cause there was some concern as this bases to exchange data. pay the others off, and continue doing went through all of the committees The regulators themselves will have the ini- this, to live off of those savings of so that this would not create a new data- tial opportunity to establish the mechanics of many individuals. base on this type of information to be the network. H.R. 1408 gives the regulators There is nothing in the law today to held in the custody of the Federal Gov- six months to develop a proposal and two stop these individuals, even if they ernment. years to implement it. If the regulators fail to were barred from the securities indus- It simply does not do that. It allows do this on their own, H.R. 1408 then creates try forevermore, from going into the banking regulators to talk to insur- a Subcommittee with representative regulators insurance products industry and doing ance regulators to talk to security reg- from each of the financial industries to make something equally as dastardly with a ulators so we can all be on the same decisions regarding network protocols. This Subcommittee would then have a similar time- license. sheet of music. When we find that bad So what we have said is this. We said, apple, that scam artist who is going frame to plan and establish the network in we are not going to create a new data- after Grandma, this bill and this abil- conjunction with the other regulators, unless base. There is no new information that ity will allow us to say no and protect they determine that it is impracticable or not is going to be sent here, Mr. Speaker. those very, very precious savings. cost efficient. The bill provides critical safeguards to gov- The Federal Government is not going Mr. Speaker, today the House will consider ern information sharing among regulators. The to collect information on consumers or H.R. 1408, the Financial Services Antifraud measure prohibits information from being regulators all around the country. Network Act, which is legislation that will help shared through the network unless the regu- That is simply not going to happen. safeguard the American public from fraud in lators determine that adequate privacy and But we are going to set up a system. the financial services industry. confidentiality safeguards exist. The regulators We are going to be the traffic cop that While the technology needed to create this are only directed to share public final discipli- allows these 250 regulators of securities network may be technical and complex, the nary and formal enforcement actions taken and banking and insurance to talk to purpose of this legislation is not: protecting against financial companies and professionals. each other; to say that, hey, the gen- consumers from financial scams. Additionally, H.R. 1408 expresses a sense of tleman from Michigan (Mr. ROGERS) is As a former special agent for the Federal the Congress that the regulators should con- applying in Ohio and Michigan to get Bureau of Investigation, I know firsthand that sider sharing additional anti-fraud information involved in the insurance industry. He criminals come in all shapes and sizes. Ad- that is publicly accessible, as well as informa- is also applying in Ohio and Illinois for vances in modern technology and the internet tion from financial reports, affiliations, and ap- the securities industry. What do we have created a new frontier for criminals, al- plications, which are factual and substantiated know about him? If we know that the lowing them to defraud consumers with a and do not include personally identifiable infor- securities industry has barred him, we mere click of a computer mouse. Our regu- mation on consumers. The measure also cre- can also stop him from getting in the lators need the same technological tools. Elec- ates a new due process right for persons to insurance industry. tronically linking regulators and law enforce- receive notice when any regulator uses infor- Mr. Speaker, this is simple but ex- ment closes a loophole and averts schemes mation from the anti-fraud network to take an tremely important because we are in a aimed at the American public. action against them. This includes a descrip- time when so many resources are being In fact, following the events of September tion of the type of information used, where the diverted away from white-collar crime, 11 and the efforts to crack worldwide terrorism information came from, and a reasonable op- and rightly so, as our country demands cells, it is even more important that we give portunity to respond. it; yet this is a great opportunity for our law enforcement officials and regulators To protect information shared between regu- those who are of a scheming mind, the tools they need to prevent fraud and po- lators, the measure establishes certain limited those who will rob, again, those pre- tential abuses in the United States financial legal privileges and confidentiality and liability cious resources from so many around services system. protections for regulatory and supervisory in- the country in a way that is white-col- The need for this common-sense legislation formation. H.R. 1408 also allows state insur- lar oriented, sneaky. They can pack up is clear. Currently, there are over 250 Federal ance regulators to perform FBI fingerprint in the middle of the night and be gone and State financial regulators and self-regu- background checks on insurance applicants to and have half of the town’s savings are lating financial organizations, each with their obtain relevant criminal records, subject to in their pocket. own separate filing systems for antifraud certain protections against misuse. The This is extremely important legisla- records. Most regulators have already comput- fingerprinting section also clarifies that em- tion, Mr. Speaker, and there are some erized their records and have been working on ployers relying on a state insurance regulator’s safeguards. I just want to cover them efforts to coordinate databases within their in- background approval of an insurance agent quickly. dustries. Recently, some of the larger regu- are not subject to liability for failing to conduct The information cannot include, in lators have begun developing individual infor- additional background checks. this system, personally identifiable in- mation sharing agreements with other regu- I believe the Financial Services Antifraud formation on consumers. The con- lators across the financial industry. Network Act is carefully crafted bipartisan leg- sumers are protected in this law. Unfortunately, effectuating individual coordi- islation that is a positive step toward pre- There is due process notice. The bill nation among all these regulators would re- venting fraud across financial service industry creates a new due process right for per- quire tens of thousands of separate agree- sectors. I would like to thank Financial Serv- sons to receive notice when any regu- ments. At a March 6, 2001 Financial Services ices Committee Chairman MIKE OXLEY and Fi- lator uses information from the anti- Committee hearing, several regulators testified nancial Institutions Subcommittee Chairman

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\K06NO7.018 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7743

SPENCER BACHUS for their leadership on this We on our side raised legitimate ceed $100 billion annually in this coun- issue, as well as Committee Ranking Member questions about the reliability of the try. JOHN LAFALCE and Subcommittee Ranking information that could be disseminated By breaking down the barriers to in- Member MAXINE WATERS for their willingness over the network envisioned by prior formation exchange that have ham- to work together on this much-needed legisla- versions of the legislation, and the pered antifraud initiatives at the na- tion. I would also like to thank Judiciary Com- ability of individuals to correct infor- tional level and among State regu- mittee Chairman JIM SENSENBRENNER and Ag- mation about themselves that was to lators, H.R. 1408 will go a long way in riculture Committee Chairman LARRY COM- be carried out over the network. reducing the risk to average American BEST, whose committees shared jurisdiction These concerns were apparently consumers and investors of losing their over H.R. 1408. shared by the administration and the life savings due to financial fraud. Finally, many thanks to staff for the hard financial services industry. The bill we As I mentioned at the onset, this leg- work and long hours of negotiation that pro- adopt today goes a long way toward en- islation was the subject of extensive duced the final product. Among House Finan- suring that unsubstantiated rumors consideration over a 4-month period by cial Service Committee staff that deserve spe- and unfounded allegations will not be the Subcommittee on Financial Insti- cial recognition are Robert Gordon, Charles broadcast throughout the regulatory tutions and Consumer Credit. In addi- Symington, Tom McCrocklin, Jim Clinger, Bob community over the antifraud net- tion, the Committee on the Judiciary, Foster, and Terry Haines, as well as Matt work. on which I serve, marked up the legis- Strawn from my personal office. Most significantly, as a result of con- lation after it was reported by the Again, we need to catch financial perpetra- cerns raised by Democratic members, Committee on Financial Services. tors before they strike. I believe H.R. 1408 is the compromise bill makes clear that The gentleman from Wisconsin a positive step in that direction and urge my participants in the network are re- (Chairman SENSENBRENNER) is entitled colleagues to support its adoption. quired to give an individual notice of to praise. He was committed to bring- Mr. SHOWS. Mr. Speaker, I yield my- any adverse information obtained from ing this bill to the floor. It would not self such time as I may consume. the network and to afford the indi- be on the floor today if we did not have Mr. Speaker, I was an original co- vidual an opportunity to respond to a commitment and the cooperation of sponsor of H.R. 1408, the Financial such adverse information. the Committee on the Judiciary. I Services Antifraud Network Act of Many Democratic members raised thank the Committee on the Judiciary 2001. I rise in support of this adoption concerns that prior versions of the leg- and its staff, as well as the staff of the today by the full House. islation needlessly created a new bu- Committee on Financial Services. Mr. Speaker, this legislation will en- reaucracy. In response to this concern, What emerged from this cooperative hance cooperation among a vast array the bill provides the financial regu- effort, both between committees and of Federal and State financial agencies lators an opportunity to develop an between the minority and the major- and self-regulatory organizations, fight antifraud network without the assist- ity, is a bill that enhances the capa- against those who defraud the con- ance of an antifraud committee, which bility of regulators to put financial de- sumer of financial services, and ensure is a potential new mechanism con- frauders out of business, while at the that criminals like Martin Frankel are templated by the bill. If the regulators same time guaranteeing, as the gen- not able to slip into one financial serv- do not meet the deadlines for estab- tleman from Michigan (Mr. ROGERS) ices industry after being booted out of lishing that network, then a fraud sub- said, due process rights of the accused, another. committee will be created. and safeguarding the information The bill envisions the creation of a The current version has improved shared by regulators against improper technological link between Federal and provisions allowing insurance commis- disclosure or other misuse. State banking, securities, insurance, sioners access to the criminal history b 1445 and other financial regulators so they data of current and potential insurance can easily share the information that professionals, while addressing legiti- Evidence has emerged in the wake of is a product of final adjudication in mate privacy concerns raised by insur- the September 11 attacks on the World disciplinary proceedings brought ance agents. These provisions have the Trade Center and the Pentagon that against financial companies and profes- potential of providing the insurance terrorist cells in this country may be sionals. commissioners the tools needed to en- financing their operations in part The bill makes common-sense sure that criminals are not operating through financial crimes possibly and changes to the securities laws by al- within the insurance industry. I urge specifically involving stolen or false lowing security regulators to bar per- the adoption of the bill. identities. sons from the security industry when Mr. Speaker, I have no further re- Facilitating the exchange of informa- they have been barred from the bank- quests for time, and I yield back the tion on these activities, shutting down ing or insurance industries by appro- balance of my time. funding for terrorists not only protects priate regulators. Mr. BACHUS. Mr. Speaker, I yield American consumers but it may also Finally, the bill promotes effective myself the balance of my time. help regulators and law enforcement regulation of financial companies by Mr. Speaker, better coordination of authorities identify and apprehend po- providing judicial protection for exam- the antifraud efforts of the more than tential terrorists and those who pro- ination reports under appropriate cir- 250 Federal, State, and local agencies vide them with the financial support cumstances. that regulate the banking, securities, they need before further acts of mass In the beginning, many Democratic and insurance industry is long overdue. murder can be committed against inno- members of the Committee on Finan- As my colleagues know, it is often soci- cent U.S. citizens. cial Services had serious concerns ety’s most vulnerable members, includ- As I mentioned before, at the State, about early versions of the Financial ing our senior citizens, older veterans, Federal and local level there are more Services Antifraud Network Act of and the terminally ill that are the tar- than 20 different agencies charged with 2001. gets of financial scam artists. In fact, regulating banks, security firms, and Most of these concerns have been they fashion their pitch towards these insurance companies. However, to date, substantially diminished through a bi- groups. They also feed on charitable there has been little coordination partisan negotiation initiated by the schemes where they misrepresent that among them. This lack of coordination leaders of the Subcommittee on Finan- they are raising money for charity. was evidenced when recently indicted cial Institutions and Consumer Credit, In light of what happened September financier Martin Frankel, after being the gentleman from Alabama (Mr. 11, I think this country has no tolera- barred from securities activities, slid BACHUS) and the ranking member, the tion for those who go out as a financial over to insurance where he proceeded gentlewoman from California (Ms. WA- scam and take advantage of tragedies to bilk the industry of some $200 mil- TERS), supported by the gentleman such as September 11 to raise money lion over 8 years. from Ohio (Chairman OXLEY) and the with no intention of giving that money Frankel’s ability to move from secu- ranking member, the gentleman from to help in the cause. The cost of these rities to insurance and from State to New York (Mr. LAFALCE). outrageous scams is estimated to ex- State and ease with which he flaunted

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.006 pfrm02 PsN: H06PT1 H7744 CONGRESSIONAL RECORD — HOUSE November 6, 2001 financial regulators may have been de- other body will take this up with some HOUSE OF REPRESENTATIVES, terred. In fact, we had testimony be- degree of swiftness so that we can get COMMITTEE ON AGRICULTURE, fore our committee that it was handi- this legislation signed by the President Washington, DC, July 31, 2001. capped because of lack of communica- and on the books, therefore protecting Hon. MICHAEL G. OXLEY, Chairman, Committee on Financial Services, tion among State regulators and be- the American consumer from these con Rayburn House Office Building, Wash- tween agencies, both local, State, and artists. ington, DC. Federal. On September 11, 2001, the forces of terror DEAR CHAIRMAN OXLEY: I understand that The antifraud network established by struck the first blow in a cowardly attack the Committee on Financial Services re- this legislation will help level the play- against our nation. President Bush has now cently ordered reported H.R. 1408, the Finan- ing field between the Martin Frankels struck back to defend America, using the cial Services Antifraud Network Act of 2001. As you know, the legislation contains provi- of this world and the financial regu- might of our armed forces to drive the terror- lators charged with policing fraud and sions which fall within the jurisdiction of ists back into hiding. But to clear our skies for the Committee on Agriculture pursuant to protecting consumers. freedom, we need to defend against not only We also had testimony, Mr. Speaker, clause 1(a) of Rule X of the Rules of the the planes and bombs of the enemy, but also House of Representatives. of situations where someone would the reach of their financial empire. Beacuse of your willingness to consult start a financial or insurance or securi- Osama bin Laden and the al Qaeda network with the Committee on Agriculture regard- ties game in the State of Iowa. They survive and thrive on an illegal network of fi- ing this matter and the need to move this would then be barred from the State of legislation expeditiously, I will waive consid- Iowa from further activity. The State nancial crime and corruption. To end ter- eration of the bill by the Committee on Agri- of Iowa would understand the scheme; rorism, we need to go beyond the training culture. By agreeing to waive its consider- they would move against it; they would camps and drive a stake through the heart of ation of the bill, the Agriculture Committee bring criminal charges against this their financial network. does not waive its jurisdiction over H.R. 1408. The Antifraud Network Act was originally In addition, the Committee reserves its au- person or this group of people. What thority to seek conferees on any provisions also happens is even though there is a conceived as a consumer protection solution. Our financial regulators currently do not have of the bill that are within the Agriculture conviction against one person, another Committee’s jurisdiction during any House- person sort of takes up the mantle and any system in place for the comprehensive Senate conference that may be convened on they would move to another State. inter-industry oversight of company’s financial this legislation. They would start this all over. There activities. Instead, government agencies are I request that you include this letter and would be another round of fraud. currently sharing information on financial com- your response as part of your committee’s Mr. Speaker, I yield such time as he panies and professionals on an ad-hoc basis report on the bill and the Congressional may consume to the gentleman from without any standards for disclosure or re- Record during consideration of the legisla- tion on the House floor. Ohio (Mr. OXLEY), the chairman of the course when information is used against Thank you for your attention to these full committee. someone. matters, (Mr. OXLEY asked and was given This bill creates consumer protection stand- Sincerely, permission to revise and extend his re- ards for the sharing of information among LARRY COMBEST, marks.) agencies, while giving our regulators additional Chairman. Mr. OXLEY. Mr. Speaker, let me tools to help integrate the regulation of our fi- thank the gentleman from Alabama nancial markets. It also significantly increases HOUSE OF REPRESENTATIVES, COMMITTEE ON FINANCIAL SERVICES, (Mr. BACHUS) for his good work, the the information available to each regulator chairman of the subcommittee, along Washington, DC, August 1, 2001. when tracking down fraud and corruption Hon. LARRY COMBEST, with the gentleman from Michigan across industries. We are thus not only pro- Chairman, Committee on Agriculture, Long- (Mr. ROGERS), my good friend, who tecting our American consumers from domes- worth House Office Building, Washington, worked very hard on this issue; and we tic fraud artists, but also strengthening the DC. are finally reaching a point now where ability of our government to track down and DEAR CHAIRMAN COMBEST: Thank you for we can pass this antifraud legislation. break apart the financial network of inter- your letter regarding your Committee’s ju- As I am sure other speakers have national terrorists. risdictional interest in H.R. 1408, the Finan- cial Services Antifraud Network Act of 2001. said, we had numerous hearings on this Financial fraud costs our nation over 100 issue. All of us are painfully aware of I acknowledge your committee’s jurisdic- billion dollars a year, hurting the lives of mil- tional interest in this legislation and appre- the Martin Frankel situation that re- lions of Americans and their families. Now with ciate your cooperation in moving the bill to sulted in such a terrible outcome for the war on terrorism, the stakes are even the House floor expeditiously. I agree that numerous people who invested their higher. The Rogers bill protects consumers your decision to forego further action on the savings, only to be defrauded and los- and protects our nation. It was passed out by bill will not prejudice the Committee on Ag- ing millions, first in the securities in- riculture with respect to its jurisdictional a new unanimous bipartisan vote in both the dustry and then as he artfully moved prerogatives on this or similar legislation. I Financial Services and Judiciary Committee to the insurance side of thing, the same will include a copy of your letter and this re- after having been reviewed by hundreds of thing happened. sponse in the Committee’s report on the bill This bill, of course, was designed to lawyers from all spectrums of the financial and the Congressional Record when the legis- allow for information-sharing among services and law enforcement systems. lation is considered by the House. Addition- ally, I will support any request you might the various regulators and to focus in Mr. Speaker, I am also including for the RECORD an exchange of correspondence be- make for conferees, should a conference be on people like Martin Frankel who necessary. would take advantage of innocent peo- tween Chairman COMBEST and myself regard- Thank you again for your cooperation ple and their life savings. So this is a ing the jurisdiction of the Committee on Agri- Sincerely, wonderful step forward that all of us culture on this legislation. I thank him for his MICHAEL G. OXLEY, can be very, very pleased about. assistance in bringing this legislation forward Chairman. I want to thank the gentleman from and appreciate his cooperation. I also want to Mr. BACHUS. Mr. Speaker, I yield Mississippi (Mr. SHOWS) for carrying thank the Chairman of the Judiciary Com- myself such time as I may consume. the bill today for his side of the aisle, mittee, Mr. SENSENBRENNER for his ongoing I do not know that we have any other also the gentleman from New York commitment to bring this legislation to the speakers wishing to be heard. I want to (Mr. LAFALCE), the ranking member, floor. Finally, I want to thank the members of again second what the gentleman from and other members of our committee, the Committee on Financial Services, includ- Ohio (Mr. OXLEY), the chairman of the as well as the Members on the Repub- ing Chairman BACHUS, Ranking Member LA- full committee, said. lican side. This is a truly bipartisan ef- FALCE, and Subcommittee Ranking Member The cooperation that we have re- fort. Indeed, without the help also of WATERS for their cooperation and hard work ceived from the gentleman from Mis- the Committee on the Judiciary and on this legislation. And of course, much of the sissippi (Mr. SHOWS), from the gen- the gentleman from Wisconsin (Mr. credit for this goes to a Committee freshman tleman from New York (Mr. LAFALCE), SENSENBRENNER), we would not be able and FBI alum, MIKE ROGERS from Michigan from the gentlewoman from California to bring this bill to the floor today. It is the right bill for the right time to protect (Ms. WATERS) has been tremendous. My congratulations to all those con- consumers and stop terrorism. I urge your The gentleman from Mississippi (Mr. cerned, and we hope and trust that the support for Mr. ROGERS’ Antifraud legislation. SHOWS) was an original cosponsor of

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.021 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7745 this legislation. This truly is a bipar- Chair’s prior announcement, further Mr. ROYCE. Mr. Speaker, I yield my- tisan, or nonpartisan, effort; and I proceedings on this motion will be self such time as I may consume. think it shows what this Congress can postponed. Mr. Speaker, I would like to thank do when they put aside their petty dif- f the gentleman from Illinois (Mr. HYDE) ferences on many occasions and work for his leadership on the Committee on for the common good of the people, and RADIO FREE AFGHANISTAN ACT International Relations where this bill, they have done that. OF 2001 the Radio Free Afghanistan Act, passed Ms. WATERS. Mr. Speaker, I am very Mr. ROYCE. Mr. Speaker, I move to by voice vote last Thursday. I would pleased to proceed with floor consideration of suspend the rules and pass the bill also like to acknowledge the work of H.R. 1408, the Financial Services Antifraud (H.R. 2998) to authorize the establish- my co-author, the gentleman from Network Act of 2001. When we initially consid- ment of Radio Free Afghanistan, as California (Mr. BERMAN), who is trav- ered marking up this legislation in the Finan- amended. eling back from business in the district cial Institutions subcommittee, there were a The Clerk read as follows: and could not be here yet today. number of problems with the structure and the H.R. 2998 Mr. Speaker, the primary source of content of that version. I want to thank my col- Be it enacted by the Senate and House of Rep- current news and information for the league, Mr. BACHUS for his willingness to post- resentatives of the United States of America in people of Afghanistan is the radio. pone that markup so that we could work to- Congress assembled, Eighty-five percent of Afghans get gether to improve this bill. A number of im- SECTION 1. SHORT TITLE. their information from the radio. They provements have been made to this legislation This Act may be cited as the ‘‘Radio Free do not have television there. That was since it was introduced. The structure for infor- Afghanistan Act of 2001’’. banned under the Islamic law that the mation sharing among the regulators has been SEC. 2. ESTABLISHMENT OF RADIO FREE AF- Taliban enforces. All of the televisions greatly simplified. The categories of informa- GHANISTAN. were destroyed. So Afghans saw no tion to be shared among the regulators have (a) ESTABLISHMENT.—The Broadcasting footage of the devastation at the World Board of Governors is authorized to make Trade Center. They had not had the op- been narrowed, and safeguards have been grants for surrogate radio broadcasting by put in place to protect individuals. In addition, RFE/RL, Incorporated (also known as Radio portunity to see what happened at our certain due process protections have been Free Europe/Radio Liberty) to the people of Pentagon. added to the bill, which grant individuals the Afghanistan in languages spoken in Afghani- Throughout that country on Sep- right to receive notice and respond when infor- stan, such broadcasts to be designated tember 11 people held up small tran- mation from the network is used to take action ‘‘Radio Free Afghanistan’’. sistor radios to their ears to listen to against them. Finally, this bill provides insur- (b) SUBMISSION OF PLAN TO BROADCASTING news accounts. However, the news ac- ance regulators with increased access to infor- BOARD OF GOVERNORS.—Not later than 15 counts they heard are far different days after the date of the enactment of this mation when conducting criminal background from those that we heard in this coun- Act, RFE/RL, Incorporated, shall submit to try. Throughout the region, they heard checks on financial professionals. Additional the Broadcasting Board of Governors a de- safeguards are provided governing the use of tailed plan for the establishment of the sur- that the attacks on the World Trade this information. rogate radio broadcasting described in sub- Center were the work of the Israel Gov- I want to thank my colleagues Chairman section (a). ernment, the work of the Israelis with BACHUS, Congressman ROGERS, Congress- (c) AUTHORIZATION OF APPROPRIATIONS.— help from the Indian Government with man MOORE, Congressman GONZALEZ, Rank- (1) INTERNATIONAL BROADCASTING OPER- the United States trying to cover this ATIONS.—In addition to such sums as are oth- ing Member LAFALCE and Chairman OXLEY as up. Why? Why did they believe this? erwise authorized to be appropriated for well as their staffs for working cooperatively to Well, they were told by al-Qaeda and ‘‘International Broadcasting Operations’’, others that there were 4,000 Jewish improve this legislation. I am pleased that the there are authorized to be appropriated for process went so well and has resulted in a ‘‘International Broadcasting Operations’’ Americans who did not go to work that better bill, and that agreement has been $9,500,000 for the fiscal year 2002 and $8,000,000 day because they were tipped off; there reached on the final outstanding issue regard- for the fiscal year 2003 for broadcasting to was a plot to blame all this on Osama ing financial regulators’ access to confidential Afghanistan described in subsection (a). bin Laden. supervisory information. This issue is not a (2) BROADCASTING CAPITAL IMPROVEMENTS.— We know that, in fact, is a lie; but partisan one. We all want to combat fraud and In addition to such sums as are otherwise au- they do not have access to that infor- thorized to be appropriated for ‘‘Broad- protect consumers. In light of the events of mation. Because long before the ter- casting Capital Improvements’’, there are rorist attacks of September 11, bin September 11, it has become even more cru- authorized to be appropriated for ‘‘Broad- cial to ensure that criminals do not evade de- casting Capital Improvements’’ $10,000,000 for Laden sympathizers waged a psycho- tection merely by varying their methodology. the fiscal year 2002 for transmitting broad- logical war for the minds of Afghans. I think that once we began working together, casts into Afghanistan. They shrewdly used radio to spread ha- in a bipartisan manner, on this legislation, we SEC. 3. REPEAL OF BAN ON UNITED STATES tred of the United States, hatred of de- realized that common ground was not an elu- TRANSMITTER IN KUWAIT. mocracy, hatred of Israel, and hatred sive goal. I would hope that we can continue The Foreign Relations Authorization Act, of Muslims who rejected their hate. to work together across the aisle on other Fiscal Years 1994 and 1995 (Public Law 103– I believe that the establishment of a issues of mutual concern as this Congress 236) is amended— Radio Free Afghanistan by Radio Free (1) by striking section 226; and continues. Once again, I thank my colleagues Europe is essential to winning the in- (2) by striking the item relating to section formation war. Radio Free Europe, for their hard work. 226 in the table of contents. Mr. BACHUS. Mr. Speaker, there Radio Liberty does one thing very well. The SPEAKER pro tempore. Pursu- being no further requests for time, I It engages in surrogate broadcasting, ant to the rule, the gentleman from yield back the balance of my time. and they will operate as if Afghanistan California (Mr. ROYCE) and the gen- The SPEAKER pro tempore (Mr. had a free and vibrant press. They will tleman from California (Mr. LANTOS) CULBERSON). The question is on the mo- counter these lies. each will control 20 minutes. tion offered by the gentleman from The Taliban and the terrorists they The Chair recognizes the gentleman Alabama (Mr. BACHUS) that the House are harboring use propaganda, and they from California (Mr. ROYCE). suspend the rules and pass the bill, use censorship to maintain power. H.R. 1408, as amended. GENERAL LEAVE They must be countered. The question was taken. Mr. ROYCE. Mr. Speaker, I ask unan- As William Safire points out in last The SPEAKER pro tempore. In the imous consent that all Members may Thursday’s New York Times, he says, opinion of the Chair, two-thirds of have 5 legislative days within which to ‘‘That message that is sent should be those present have voted in the affirm- revise and extend their remarks and to the Taliban are corrupting the Koran, ative. include extraneous material on the bill the Taliban and their terrorist guest Mr. BACHUS. Mr. Speaker, on that I under consideration. bin Laden are the cause of Afghan cas- demand the yeas and nays. The SPEAKER pro tempore. Is there ualties. As soon as the fanatic Saudi The yeas and nays were ordered. objection to the request of the gen- outsiders surrender then peace and The SPEAKER pro tempore. Pursu- tleman from California? food and jobs will come to the coun- ant to clause 8 of rule XX and the There was no objection. try.’’

VerDate 06-NOV-2001 03:30 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.022 pfrm02 PsN: H06PT1 H7746 CONGRESSIONAL RECORD — HOUSE November 6, 2001 I have been calling for Radio Free Af- Free Europe broadcast to all of Eastern I remember well during the Second ghanistan for several years, since 1996; Europe during the Cold War except for World War how powerful it was to lis- and I think it is fair to say that the one country, and that country was the ten to the British Broadcasting Cor- previous administration had little in- former Yugoslavia. We all know the poration and the American Voice of terest in this type of aggressive broad- atrocities that have taken place there. Freedom as a counterweight to the vi- casting in Afghanistan. I talked to the I remember a young Croatian jour- cious propaganda of Hitler and Goeb- former Under Secretaries of State. I nalist telling me, if only we had had bels. We are in a somewhat similar talked to the Secretary of State about the type of broadcast they had in fight, confronting a totalitarian, nihi- this, and at one point I argued in com- Czechoslovakia in Yugoslavia we would listic, barbarian enemy that is ready to mittee that Afghanistan would pose a not have had the slaughter. We would resort to nonstop lies and distortions national security threat to the United have been able to teach people about to make their case. States if what was happening there was political pluralism and tolerance and We must do much more than just not countered. democracy. pass this legislation, Madam Speaker, If we had Radio Free Afghanistan up So we know that surrogate broad- to reach the disaffected youth in the and running for several years, the ter- casting works. China spends a tremen- Middle East, in Central Asia, but also rorists would not have had the fertile dous amount of time attempting to in Africa, East Asia, and across the ground they have found in Afghanistan jam the broadcasts in Radio Free Asia. globe. We must intensify all of our to prepare, to train, to be funded. It is Saddam Hussein has long complained Voice of America broadcasting, and the very hard to organize like this when about Radio Free Iraq, calling these broadcasting of Free Asia and Free Af- you are on the run. broadcasts an act of aggression. The ghanistan, and we must increase our I believe Radio Free Europe, Radio Iraqi dictator has apparently become educational and cultural programs. We Liberty is the best organization for so irked by this attempt to undermine must come up with new and innovative broadcasting to Afghanistan for the his control over the media, that intel- ways to reach the young people who following reasons: first, it had an out- ligence officials have recently uncov- live on the outer fringes of all these so- standing impact behind the Iron Cur- ered a plot by Iraq to bomb Radio Free cieties. Marginalized youth who live tain during the Cold War; second, there Europe’s headquarters in Prague. without hope and without opportunity are eight employees there who ran Evil regimes like the Taliban hold grow up into hate-filled men and Radio Free Afghanistan during the So- power through ignorance and propa- women who choose to bring death and viet invasion in 1985. It has the experi- ganda. The Afghan people deserve destruction to themselves and to those ence, the expertise. It was helpful at something better. They deserve to hear around them. rallying the Afghan people against the the truth, and I hope my colleagues H.R. 2998 is an important piece of leg- Soviets, and I think it will have the will support this bill for Radio Free Af- islation and moves us in the right di- best chance of providing information ghanistan. rection of presenting the case of free- that will help turn the Afghan people Mr. Speaker, I reserve the balance of dom and truth in Afghanistan. I against the Taliban and other extrem- my time. strongly urge all of my colleagues to ists. Mr. LANTOS. Madam Speaker, I support it. It is the voice of Afghans talking yield myself such time as I may con- Madam Speaker, I reserve the bal- about the radicalism of the Taliban, sume, and I rise in strong support of ance of my time. frankly, that will be our best ally. this bill. Mr. ROYCE. Madam Speaker, I yield This legislation will provide for 12 Madam Speaker, this is an extremely myself such time as I may consume to hours of broadcasting a day; 6 in important piece of legislation, and I express my appreciation to the gen- Pashto, 6 in Dari, the two major lan- want to commend my good friend and tleman from California (Mr. LANTOS), guages. In addition, this legislation distinguished colleague, the gentleman the ranking member of the House Com- provides for three transmitters to be from California (Mr. ROYCE), for intro- mittee on International Relations, who moved from Spain to Kuwait. They are ducing this legislation and being its is a strong supporter of public diplo- not currently being used. Kuwait is an principal sponsor. He deserves enor- macy based upon his own unique expe- ideal location geographically for trans- mous credit. I also want to commend riences. I look forward to continuing to mission to Afghanistan. Although it is our colleague, the gentleman from work with him in the future in doing my intention that these transmitters California (Mr. BERMAN), for being the more in this critical area, and I thank be primarily used to broadcast to Af- principal Democratic author, and the him for the focus he has brought to ghanistan, they may also be used to gentleman from Illinois (Mr. HYDE) for this. broadcast throughout the Middle East expediting the handling of the legisla- Mr. LANTOS. Madam Speaker, I or to China. tion. thank my friend. The concept behind Radio Free Af- Madam Speaker, as our military is Mr. ROYCE. Madam Speaker, I yield ghanistan is to do what was done with executing our plans in Afghanistan 2 minutes to the gentleman from Penn- Radio Free Europe in Poland and in the with extraordinary skill, we are falling sylvania (Mr. ENGLISH). Czech Republic and across Eastern Eu- behind in the battle for the minds and Mr. ENGLISH. Madam Speaker, I rope. When we talk with leaders of Po- hearts and souls of the people of Af- would like to publicly thank both gen- land, Lech Walesa, when we talk to ghanistan. It is almost incomprehen- tlemen from California for their excel- Vaclav Havel of the Czech Republic, sible that our values should be chal- lent efforts in this area. they say that the hearts and minds of lenged and questioned by the barbaric Madam Speaker, Shakespeare wrote those people in those countries were nihilists of Osama bin Laden and the ‘‘Time’s glory is to calm contending turned by the opportunity to listen Taliban leadership. I support this legis- kings, to unmask falsehood, and bring daily to a radio broadcast which ex- lation because it is evident that we truth to light.’’ The truth is a powerful plained what was actually happening need to increase dramatically our pub- foundation for freedom, and it is a pow- inside their society. lic diplomacy not just in Afghanistan erful weapon on behalf of freedom. I These broadcasts were able to explain but across the Muslim world. propose that we enlist it in the current and put in context what they would be The Middle East Broadcasting initia- conflict in Afghanistan. hearing from the Soviet broadcasts. tive, announced by the administration, That is why I rise in strong support Over time we know from these leaders and Radio Free Afghanistan, estab- of H.R. 2998, the Radio Free Afghani- that this was the most effective single lished by this legislation, introduced stan Act. As a cosponsor of this legisla- thing that changed the attitudes of the by the gentleman from California (Mr. tion, I recognize the need to counter average person in Eastern Europe. ROYCE), are two important initiatives the negative propaganda that the that will help us reach tens of millions Taliban government is force-feeding b 1500 of Muslims to provide fair, accurate, the Afghan people. We must let the Af- We know what happened to the Ber- dependable information about the ghan people know the truth about the lin Wall, and part of this was because United States, our values and our poli- war we are fighting and what the they had access to information. Radio cies. United States is prepared to do to help

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.025 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7747 them as innocent victims of the need to provide these men with accu- which will significantly aid our war Taliban regime. rate information from their country against terrorism. And that is why I The people need to know the truth and around the world has never been urge my colleagues to pass this legisla- about the cause and effect of harboring greater. tion and why I urge final passage of the the agents of terrorism. The people of I also want to thank the Czech people bill. Afghanistan are not hearing our mes- for their decision to host RFE/RL in Mr. GILMAN. Madam Speaker, I want to sage, but instead are being filled with Central Europe. Building on Vaclav commend Committee Chairman HYDE for the lies of the Taliban. This has to Havel’s experience as a prisoner of con- bringing this bill before the House and I com- stop. We must let them know that the science listening to Radio Liberty un- mend Subcommittee Chairman ROYCE for war we are fighting is not with them, derscores the value of this service. crafting this important initiative. but rather with the Taliban, who have Unlike BBC World Service and other For the past several years, the people of Af- been systematically stripping away the radios, RFE/RL provides unbiased news ghanistan have been manipulated by foreign common individual’s liberties since about unfree societies in their own lan- forces who are motivated by selfish evil inten- they came to power. guage about their own society. The dif- tions. Saudi Arabia, along with Pakistan, have During the Cold War, as the gen- ference is key and the service is invalu- created a radical Islamic fundamentalist move- tleman from California (Mr. ROYCE) able. ment in Afghanistan which threatens inter- noted, similar radio broadcasts spread I want to thank the gentleman from national stability. While we work to ensure that information and ideas, including the California (Mr. ROYCE) for introducing the governments of those two countries per- presentation of the democratic ideal, this bill, and also the gentleman from manently change their policy, the only way which proved fatal to the Eastern Bloc. Illinois (Mr. HYDE), the chairman, and that the world will be safe from the disaster I believe this same tool can be dev- Congress’ hero on human rights, the that they have created is by helping the Af- astating to the Taliban. These radio gentleman from California (Mr. LAN- ghan people to liberate themselves from the broadcasts are absolutely essential to TOS) for bringing it to the floor today. Taliban and bin Laden, and to give them the this freedom struggle. This is one of the many tools we will tools to put together a broad based represent- I urge my colleagues to join me in need to fight terrorism around the ative form of government. supporting the spread of truth and vote globe, and arming citizens with the For the past several years, members of our in favor of this legislation, because, as truth is the best way to bring about Committee have been working with the former we know, only the truth shall set us change, victory and reducing American King and the Northern Alliance to ensure that free. casualties. our government support the Afghan people’s Mr. ROYCE. Madam Speaker, I yield Mr. LANTOS. Madam Speaker, I have desire for a free and democratic Afghanistan. 3 minutes to the gentleman from Illi- no further requests for time, and I A Radio Free Afghanistan can play a signifi- nois (Mr. KIRK). yield back the balance of my time. cant role in this endeavor. Accordingly, I urge Mr. KIRK. Madam Speaker, I rise Mr. ROYCE. Madam Speaker, I yield my colleagues to support this measure. today in strong support of the bill, H.R. myself such time as I may consume. Mr. HOEFFEL. Madam Speaker, I rise today 2998, authored by the gentleman from I want to thank my colleagues for in strong support of H.R. 2998, the ‘‘Radio California (Mr. ROYCE), recreating their support. Now, some might ques- Free Afghanistan Act.’’ I would first like to Radio Free Afghanistan. tion whether broadcasts to this part of thank my House International Relations Com- Radio Free Europe/Radio Liberty pre- the world would really make that mittee colleagues, ED ROYCE and HOWARD viously broadcast to Afghanistan from much of a difference. I suggest that if BERMAN, for their hard work in introducing this 1985 to the end of fiscal year 1993. Al- done right, these broadcasts would important piece of legislation, and to acknowl- though it broadcast to Afghanistan make a profound difference in our war edge their commitment to free speech and during the last half of the Soviet-Af- on terrorism, and I want to give an ex- freedom in Afghanistan. ghan war, RFE/RL had been reporting ample. The importance of the Radio Free Afghani- on the war and its happenings in Af- Yesterday, the Wall Street Journal stan Act should not be underestimated. Under ghanistan since the 1979 invasion reported that on the streets of Tehran this bill, Radio Free Europe/Radio Liberty through its other services in Russian, in Iraq, young people, Iranians born would expand to create Radio Free Afghani- Turkmen, Tajik, and Uzbek. after the revolution of Ayatollah Kho- stan. Radio Free Europe/Radio Liberty has ef- Radio Free Europe/Radio Liberty has meini and fed up with extreme theoc- fectively developed over the past 50 years the a 50-year-plus history of delivering ac- racy, are in the streets, in the streets ‘‘surrogate broadcasting’’ concept of local, re- curate and timely information to areas last night, chanting ‘‘We love the gional and international news in native lan- that would not otherwise receive it. USA.’’ Yes, ‘‘We love the USA.’’ That is guages in countries that do not enjoy freedom The creation of Radio Free Asia in the what was occurring in the streets in of the press. 1990s built on this tradition. Currently, Iran. And these young people, because The principle of broadcasting news and fac- Afghans are in desperate need of access they want freedom, are our allies and tual information free of the propaganda of re- to this information. our friends. The hard-line mullahs, who pressive states is well established. Bringing Although RFE/RL is currently not have run on the ‘‘America is the great the truth of the Taliban’s actions to the Afghan broadcasting into Afghanistan, it is Satan’’ line for years, are deadly fear- people would continue a long-held tradition of providing vital information about the ful of these rumblings. bringing the voice of liberty and personal free- war through its other services to other What is being credited with prompt- dom to people around the world. countries in the region. One example ing these expressions is a message of The Radio Free Afghanistan Act would sim- can be found in the case of Afghan re- freedom that is being sent by a private ply allow the Afghan people to learn the hard- sistance general Abdurashid Dustom. television station in Los Angeles, run hitting truth about what is happening in their Recently, Russian TV programs re- by Iranian expatriates. These broad- own country. As we all know, knowledge is ported the killing of this prominent casts are challenging the power of the power. anti- Taliban general. The reports were repressive theocracy, the power of the In the war against terrorism, we must blan- picked up by media in various Central mullahs who would control every as- ket the people of Afghanistan with the voice of Asian countries and broadcast through- pect of Iranian lives. And these broad- freedom, truth and democracy as we blanket out the region. Just 2 hours after the casts are speaking to Iranian women’s the Taliban with bombs. I strongly urge my first Russian report, RFE/RL’s Tajik desires to play a role in modern soci- colleagues to support this vitally important service aired an interview with General ety. These and other broadcasts are piece of legislation. Dustom himself, denying the false re- revolutionary and, in this case, it is an Mr. ROYCE. Madam Speaker, I yield ports. Subsequently, RFE/RL’s Iranian revolution in America’s favor. back the balance of my time. Turkmen, Uzbek, and Persian services Now, Iran is not Afghanistan, that is The SPEAKER pro tempore (Mrs. also broadcast the interview. true, but there are parallels, and what BIGGERT). The question is on the mo- A 1999 study conducted by the U.S. is the same is the power of ideas, the tion offered by the gentleman from Broadcasting Board of Governors, con- urge for freedom and for individual dig- California (Mr. ROYCE) that the House cluded that 80 percent of Afghan men nity. That is the desire that Radio Free suspend the rules and pass the bill, listen to the Voice of America. The Afghanistan will be able to bolster, H.R. 2998, as amended.

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.030 pfrm02 PsN: H06PT1 H7748 CONGRESSIONAL RECORD — HOUSE November 6, 2001 The question was taken. Youngstown. He also served on the and Federal building under construc- The SPEAKER pro tempore. In the Mayor’s Human Rights Commission. tion in Youngstown, Ohio, as the Na- opinion of the Chair, two-thirds of Judge Jones had a distinguished legal thaniel R. Jones and Frank J. Battisti those present have voted in the affirm- career before being appointed to the Federal Building and United States ative. Federal bench. He was in private prac- Courthouse. Mr. LANTOS. Madam Speaker, on tice for 2 years; he served as Assistant These two native sons of Youngs- that I demand the yeas and nays. United States Attorney for the North- town, Ohio, have contributed to the ex- The yeas and nays were ordered. ern District of Ohio from 1961 until cellence of the judicial system and The SPEAKER pro tempore. Pursu- 1967; as general counsel for the NAACP dedicated their lives to preserving the ant to clause 8 of rule XX and the on civil disorder; and as general coun- notion of equal justice under the law. Chair’s prior announcement, further sel of the NAACP for 10 years. Judge Battisti was born and brought proceedings on this motion will be In 1979, Judge Jones was appointed to up in Youngstown. After attending postponed. the United States Court of Appeals for Ohio University, in 1950 he received his the Sixth Circuit. While sitting on the f J.D. from Harvard Law School. Judge Federal bench, Judge Jones has been Battisti was Assistant Attorney Gen- b 1515 active in legal education at Case West- eral and a law instructor at Youngs- ern Reserve University School of Law, town State University. Later in his ca- NATHANIEL R. JONES AND FRANK City University of New York School of J. BATTISTI FEDERAL BUILDING reer, he was elected judge of the Com- Law, University of Cincinnati College mon Pleas Court of Mahoning County, AND UNITED STATES COURT- of Law, Harvard Law School, North HOUSE Ohio. Carolina Central Law School, Indiana In 1961, he was appointed to the Mr. REHBERG. Madam Speaker, I University School of Law, Northern United States District Court for the move to suspend the rules and pass the Kentucky State University Salmon P. Northern District of Ohio by President bill (H.R. 852) to designate the Federal Chase College of Law, and Nova Uni- Kennedy. In 1969 he became the Chief building and United States courthouse versity Law Center in Florida. He has Judge. to be constructed at 10 East Commerce also received numerous honors and Judge Nathaniel Jones was also born Street in Youngstown, Ohio, as the awards from universities throughout and brought up in Youngstown and is a ‘‘Nathaniel R. Jones and Frank J. the United States. World War II veteran. Battisti Federal Building and United In 1985, Judge Jones traveled to His civic and public appointments in- States Courthouse’’. South Africa on behalf of the Lawyers’ clude serving as director of the Fair The Clerk read as follows: Committee for Civil Rights, where he Employment Practices Commission H.R. 852 was a legal observer at a treason trial. and executive director of the Mayor’s He has continued to be active in civil Be it enacted by the Senate and House of Rep- Human Rights Commission. resentatives of the United States of America in rights law in South Africa. Judge Attorney General Robert Kennedy Congress assembled, Jones took senior status in 1995 and appointed Judge Jones as an Assistant maintains a busy docket. SECTION 1. DESIGNATION. U.S. Attorney for the Northern District The second judge being honored with The Federal building and United States of Ohio, based in Cleveland. this courthouse designation is Frank J. courthouse to be constructed at 10 East Com- In 1969 Roy Wilkins, executive direc- Battisti. Judge Battisti was born in merce Street in Youngstown, Ohio, shall be tor of the NAACP, asked Judge Jones Youngstown, Ohio, and graduated from known and designated as the ‘‘Nathaniel R. to serve as the NAACP’s general coun- Jones and Frank J. Battisti Federal Building Ohio University. He then went on to sel. Judge Jones accepted the offer and and United States Courthouse’’. earn his law degree at Harvard Univer- served at the NAACP for a decade, SEC. 2. REFERENCES. sity. In 1950, he was admitted to the from 1969 until 1979. In 1979, President Any reference in a law, map, regulation, Ohio bar and served as Ohio Assistant Carter appointed Judge Jones to the document, paper, or other record of the Attorney General. In the early 1950s, U.S. Court of Appeals, Sixth Circuit. United States to the Federal building and Judge Battisti was a legal advisor for Both gentlemen have been active in nu- United States courthouse referred to in sec- the Army Corps of Engineers. He also tion 1 shall be deemed to be a reference to entered private practice and started merous community and civic organiza- the ‘‘Nathaniel R. Jones and Frank J. tions. They were personal friends and Battisti Federal Building and United States teaching at Youngstown University Law School until he was elected a professional colleagues. It is very fit- Courthouse’’. ting and proper that we support this The SPEAKER pro tempore (Mrs. Common Pleas judge in 1958. In 1961, President Kennedy appointed naming bill, and I urge my colleagues BIGGERT). Pursuant to the rule, the Judge Battisti to the Federal bench. At to join me in supporting H.R. 852. gentleman from Montana (Mr. the time he was the youngest Federal Madam Speaker, I reserve the bal- REHBERG) and the gentlewoman from appointed judge. He served as Chief ance of my time. California (Mrs. TAUSCHER) each will Judge from 1969 until 1990, and took Mr. REHBERG. Madam Speaker, I re- control 20 minutes. senior status that April. Judge Battisti serve the balance of my time. The Chair recognizes the gentleman presided over the Cleveland public Mrs. TAUSCHER. Madam Speaker, I from Montana (Mr. REHBERG). school desegregation case, a public yield 3 minutes to the gentleman from Mr. REHBERG. Madam Speaker, I housing desegregation case, and in 1974, Ohio (Mr. BROWN). yield myself such time as I may con- the trial of eight members of the Ohio Mr. BROWN of Ohio. Madam Speak- sume. National Guard accused of violating er, naming a Federal courthouse in Madam Speaker, H.R. 852 designates the civil rights of four Kent State stu- Youngstown after Nathaniel Jones and the Federal building and United States dents who were shot during student Frank Battisti is an ideal way to mark courthouse to be constructed at 10 East demonstrations in 1970. Judge Battisti the contributions these men have made Commerce Street in Youngstown, Ohio, passed away on October 19, 1994. to their profession and their commu- as the Nathaniel R. Jones and Frank J. This is a fitting honor for two ex- nities. Judge Nathaniel Jones once said Battisti Federal Building and United traordinary Federal judges from he ‘‘saw law as a way to effect mean- States Courthouse. Youngstown. Similar legislation passed ingful changes in society and shape the Judge Nathaniel R. Jones was born in the House last year, but was never en- destiny of individuals locked into sec- Youngstown, Ohio, in 1926. After serv- acted. I support this bill, and ask my ond class status.’’ ing in the United States Air Force dur- colleagues to support it as well. The son of a steelworker and World ing World War II, he earned his under- Madam Speaker, I reserve the bal- War II veteran, Judge Jones spent his graduate degree and law degree from ance of my time. career as an advocate for better, fairer Youngstown State University. Judge Mrs. TAUSCHER. Madam Speaker, I schools and discrimination-free work- Jones was the editor of the Buckeye yield myself such time as I may con- places. He worked alongside some of Review newspaper before serving as ex- sume. the greatest legal minds of our time, ecutive director of the Fair Employ- Madam Speaker, I support H.R. 852, a including Supreme Court Justice ment Commission in the city of bill to designate the new courthouse Thurgood Marshall.

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.032 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7749 His accomplishments as the general Ohio, and naming this federal building and system, not a popular thing to do at the time. counsel to the NAACP caught the at- courthouse after them would be a source of And Judge Jones’ commitment to the law for tention of President Carter, who ap- pride for the residents of that fine city. the highest purposes earned my admiration pointed him to the U.S. Court of Ap- Judge Battisti served in many capacities long before I knew him personally. peals for the Sixth Circuit. President during his distinguished career. None was Over the years, I have come to know this Carter recognized that Judge Jones’s more notable than his tenure as Chief Judge thoughtful, generous and humble man and am exceptional understanding of how the of the United States District Court for the proud to say that he is my mentor and friend. legal process could remedy some of so- Northern District of Ohio. He’s also the father of my Chief of Staff ciety’s shortcomings would serve the Judge Nathaniel Jones is a personal friend. Stephanie J. Jones. Judge Jones and I often country well on the bench. Many of us I have had the pleasure of working with him joke about the unlikely coincidence of Steph- who have known Judge Jones over his on the National underground Railroad Free- anie and I sharing the same name. In fact, he career believe that if President Carter dom Center project in Cincinnati, Ohio and on now refers to me as his ‘‘other daughter,’’ as would have been reelected in 1980, he other projects. Judge Jones serves as the Co- honorary title I’m proud to hold. would have chosen Judge Jones to be a Chair of the Board of Trustees for the Free- Judge Jones has traveled the world, coun- member of the United States Supreme dom Center and his leadership has been crit- seled Presidents, walked with great leaders, Court. ical. Through my work with the Freedom Cen- earned the respect of all who know him and We can say the same kinds of acco- ter, I have come to admire Judge Jones for achieved great renown. Yet he has never for- lades about Judge Battisti, who had his commitment to racial healing and coopera- gotten his roots and the lessons he learned at the same kind of passion for social jus- tion. his mother’s knee. He has always lived by the tice. He was an outstanding public Judge Jones was born and raised in simple admonition he learned in Sunday servant appointed by President Ken- Youngstown, Ohio. He served in the U.S. School—‘‘brighten the corner where you are.’’ nedy. Judge Battisti never shied away Army Air Corps in World War II, and later went I had the pleasure of meeting Judge Jones’ from controversy. As others men- on to attend Youngstown State University mother, Lillian Brown Jones Rafe not long be- tioned, his career on the bench in- where he received undergraduate and law de- fore she died and, through her, came to ap- cluded rulings on the antiwar protest grees. Judge Jones later went on to serve as preciate even more the son she called her at Kent State University and ending General Counsel for the NAACP where he ‘‘keen-eyed child.’’ This great-grandson of school desegregation in Cleveland. helped coordinate efforts to end school seg- slaves, whose parents moved from the rural Madam Speaker, I thank my col- regation. In 1979, President Carter appointed south to Youngstown, Ohio seeking opportuni- leagues, the gentleman from Ohio (Mr. him to serve on the United States Court of Ap- ties for their children, has risen to heights even a proud mother never imagined, but has TRAFICANT) and others, for giving us an peals for the Sixth Circuit where he serves to opportunity to pay tribute to these dis- this day. never forgotten his roots. Through it all, he re- tinguished sons of Ohio. I have great respect for Judge Jones. In all mains a child of Youngstown. Mrs. TAUSCHER. Madam Speaker, I of his accomplishments, perhaps none rank It is appropriate that less than two miles yield 3 minutes to the gentleman from higher than his wife Lillian and their four won- away from the street on which he was born, along the route his weary but determined Ohio (Mr. TRAFICANT). derful children, one of whom—Stephanie J. Mr. TRAFICANT. Madam Speaker, Jones—is chief of staff for our colleague, mother walked selling household products and newspaper subscriptions to support her family both of these men contributed tremen- STEPHANIE TUBBS JONES. There are few peo- dously to desegregation of public ple more dedicated to public service than during the Depression, up the street from the schools in the United States of Amer- Judge Jones. movie theater his father cleaned at night, on a ica. Most importantly, both of them The naming of the federal building and site where he played as a boy, near the small were Youngstown, Ohio, natives, born courthouse in Youngstown, Ohio after Judge office in which he once toiled as editor of the and raised there, and very well re- Battisti and Judge Jones is a fitting tribute to Buckeye Review newspaper, down the hill spected. The community is very two worthy men. I thank my colleague JIM from Youngstown University, where he earned pleased that this Federal building and TRAFICANT for introducing this measure and his bachelor and law degrees (and fought for U.S. courthouse is being named in their my colleague STEVEN LATOURETTE for helping equal rights for all students), across the honor. I think the most important move the bill to the floor. I am honored to co- square from the small building that housed his thing that can be said about both is sponsor this legislation, and am grateful to see first law office, a few miles from his beloved that they were not afraid to tackle us take action on it. parents gravesite, will stand a United States controversial issues. When we talk Mrs. JONES of Ohio. Madam Speaker, it is Courthouse engraved with the name of Na- about desegregation, our Congress my pleasure and honor to stand in support of thaniel R. Jones. looks towards fairness in America; H.R. 852, which names the Federal Building It is truly an honor and a pleasure for me to these were two of the trailblazers of de- and United States Courthouse in Youngstown, stand in support of this bill honoring my friend segregation. Ohio after my dear friend Judge Nathaniel R. Judge Nathaniel Jones and the late Judge Their participation at their respec- Jones and the late Judge Frank Battisti. No Frank Battisti. This Courthouse, like the re- tive levels had a trickle-down effect on two men are worthier of this recognition. markable men for which it is named, will this entire Nation, and that would be It is particularly significant that this court- brighten its corner, where it will long stand as the legacy probably of both men. Hope- house is being named after these two wonder- a reminder and beacon to all who desire and fully, this bill will be passed into law, ful sons of Youngstown who have done so work for justice, equality and mercy. Mrs. TAUSCHER. Madam Speaker, I and I believe it would signal the first much for their community and for our nation. have no further requests for time, and time that a U.S. Federal building and It is my understanding that this is the first time I yield back the balance of my time. courthouse has been named for both an anywhere in the country that the names of two Mr. REHBERG. Madam Speaker, I outstanding African American and people of different races have been joined to- have no further requests for time, and white member of the Federal bench. gether to name a federal building. How fitting I yield back the balance of my time. That in itself would be a significant this is. Judge Battisti devoted his life—often at The SPEAKER pro tempore. The landmark. It would be a fine building. great cost—to reaching across the racial di- question is on the motion offered by Madam Speaker, I ask for the House vide and to removing those divides altogether. the gentleman from Montana (Mr. to move this bill through the other Judge Jones has committed himself to secur- REHBERG) that the House suspend the body so that this great building can be ing justice for all and healing a divided nation. rules and pass the bill, H.R. 852. named for these two outstanding mem- I am so pleased that these two men will be The question was taken. bers of our Federal court system. honored together in this way. The SPEAKER pro tempore. In the Mr. PORTMAN. Madam Speaker, I rise This bill has particular meaning to me, pro- opinion of the Chair, two-thirds of today in strong support of H.R. 852, legislation fessionally and personally. I first came to know those present have voted in the affirm- to name the federal building and U.S. court- both Judge Jones and Judge Battisti through ative. house to be built in downtown Youngstown, their involvement in the landmark school de- Mr. REHBERG. Madam Speaker, on Ohio after former Federal Judge Frank J. segregation case in my hometown of Cleve- that I demand the yeas and nays. Battisti and United States Court of Appeals land, Ohio. Judge Battisti showed great cour- The yeas and nays were ordered. Judge Nathaniel R. Jones. Both Judge Battisti age in his rulings and his willingness to force The SPEAKER pro tempore. Pursu- and Judge Jones are natives of Youngstown, the overhaul of an illegally segregated school ant to clause 8 of rule XX and the

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.035 pfrm02 PsN: H06PT1 H7750 CONGRESSIONAL RECORD — HOUSE November 6, 2001 Chair’s prior announcement, further tural producers, and firms can compete fully police our own markets, and that is all proceedings on this motion will be on fair terms and enjoy the benefits of recip- that we have done. postponed. rocal trade concessions; and I went to the Seattle WTO conclave, (2) ensure that United States exports are f which unfortunately did not yield a not subject to the abusive use of trade laws, new round of talks, and at Seattle my including antidumping and countervailing GENERAL LEAVE duty laws, by other countries. role, as part of the official delegation, was to argue against a rising chorus of Mr. REHBERG. Madam Speaker, I The SPEAKER pro tempore. Pursu- our trading partners who wanted to re- ask unanimous consent that all Mem- ant to the rule, the gentleman from open the antidumping code, who saw bers may have 5 legislative days within Pennsylvania (Mr. ENGLISH) and the the new round as an opportunity to which to revise and extend their re- gentleman from Michigan (Mr. LEVIN) water down antidumping and counter- marks on H.R. 852. each will control 20 minutes. vailing duties, who saw this as an op- The SPEAKER pro tempore. Is there The Chair recognizes the gentleman portunity to open up American mar- objection to the request of the gen- from Pennsylvania (Mr. ENGLISH). tleman from Montana? kets in a way that would provide us GENERAL LEAVE There was no objection. with few options if faced with unfair Mr. ENGLISH. Madam Speaker, I ask trading practices. f unanimous consent that all Members The Seattle Round never material- EXPRESSING SENSE OF CONGRESS may have 5 legislative days within ized, but this weekend we have an op- REGARDING WTO ROUND OF NE- which to revise and extend their re- portunity in Qatar to see a new round GOTIATIONS IN DOHA, QATAR marks on H. Con. Res. 262. initiated. Once again, some of our trad- The SPEAKER pro tempore. Is there ing partners have come forward. All Mr. ENGLISH. Madam Speaker, I objection to the request of the gen- too often those trading partners, which move to suspend the rules and agree to tleman from Pennsylvania? have a history of having been guilty of the concurrent resolution (H. Con. Res. There was no objection. dumping on our markets, have been 262) expressing the sense of Congress Mr. ENGLISH. Madam Speaker, I found guilty in the past of having en- that the President, at the WTO round yield myself such time as I may con- gaged in unfair trading practices as of negotiations to be held at Doha, sume. well as some partners who, we suspect, Qatar, from November 9–13, 2001, and at Madam Speaker, the WTO negotia- may simply want to muddy the waters, any subsequent round of negotiations, tions in Qatar later this week are going who do not want to go forward on some should preserve the ability of the to be enormously important. They are of the issues that are difficult to them, United States to enforce rigorously its going to create an opportunity to move so they want to reintroduce other trade laws and should ensure that the world trading system in a direction issues to slow down the process. United States exports are not subject which will allow us to provide not only So far, the Bush administration has to the abusive use of trade laws by freer trade but also fairer trade. We see adopted a strong position, and I salute other countries. an opportunity for a new agenda to them. They have had the courage to The Clerk read as follows: emerge for the WTO out of this discus- say that the antidumping code has al- H. Con. Res. 262 sion, a new round which we think will ready been negotiated and it should be Whereas members of the World Trade Orga- yield positive results for America as left off the agenda of the new round. I nization (WTO) have expressed an interest in well as the balance of our trading part- salute them for their firmness on this improving and clarifying antidumping provi- ners. point, and I propose that the House, sions contained in the Agreement on Imple- But as we move forward and see that mentation of Article VI of the General through this resolution, join them in Agreement on Tariffs and Trade 1994 (com- agenda take shape, it is very important offering strong support for the notion monly referred to as the ‘‘Antidumping that the United States Congress weigh- that the antidumping laws should not Agreement’’) and subsidy provisions con- in particularly on one issue which be included as part of this WTO round. tained in the Agreement on Subsidies and should not be included on that agenda As I said, some countries found Countervailing Measures at the Fourth Min- and has been long negotiated and long guilty in the past of dumping in the isterial Conference of the WTO to be held in established. Here I am referring to the U.S. market are desperately trying to Doha, Qatar, from November 9–13, 2001; antidumping code. reopen the U.S. antidumping and coun- Whereas the recent pattern of decisions by As we engage in a new round of glob- tervailing duty laws despite the best WTO dispute settlement panels and the WTO Appellate Body to impose obligations and re- al trade talks, we do not want to see a efforts of the Bush administration. In strictions on the use of antidumping and reopening of the antidumping and my view, this would be counter- countervailing measures by WTO members countervailing duty laws which have productive for the United States. under the Antidumping Agreement and the already been negotiated to a conclu- I urge my colleagues in the House to Agreement on Subsidies and Countervailing sion through the WTO. take the same bold stance as the Bush Measures has raised concerns; and administration by supporting this reso- Whereas Congress is concerned that WTO b 1530 lution today. I urge my colleagues to dispute settlement panels and the WTO Ap- The history, Madam Speaker, is quite put the House on record as strongly op- pellate Body appropriately apply the stand- clear on this point. In a previous ard of review contained in Article 17.6 of the posed to including the antidumping Antidumping Agreement, to provide def- round, we had an opportunity to nego- and countervailing duty laws on the erence to a WTO member’s permissible inter- tiate and to compromise, and all par- agenda of a new WTO negotiating pretation of provisions of the Agreement, ties signed off on an antidumping code round. This would send a clear and un- and to a WTO member’s evaluation of the that establishes clear parameters by ambiguous message to our trading facts where that evaluation is unbiased and which domestic antidumping protec- partners, we will not tolerate unfair objective and the establishment of the facts tions can be established, administered trading practices, we will provide a is proper: Now, therefore, be it and moved forward fairly to all parties level playing field for our workers, and Resolved by the House of Representatives (the concerned. Senate concurring), That it is the sense of we will not leave our markets vulner- Congress that the President, at the WTO We in America have maintained our able to predatory trade practices. round of negotiations to be held at Doha, antidumping laws well within those pa- Our antidumping and countervailing Qatar, from November 9–13, 2001, and at any rameters, and we have every right to duty protections are, in my view, abso- subsequent round of negotiations of the do so. We have not only an opportunity lutely essential for allowing this coun- WTO, should— but also an obligation to maintain try to participate in the world trading (1) preserve the ability of the United strong laws on the books that allow us system; they are important for policing States to enforce rigorously its trade laws, to provide for a level playing field for our markets, and they are very impor- including the antidumping and counter- American workers and American com- tant for ensuring that our partners’ vailing duty laws, and avoid agreements which lessen the effectiveness of domestic panies and insist that international trade practices conform to the inter- and international disciplines on unfair trade, standards be followed when it comes to national standards that they have especially dumping and subsidies, in order to trade practices. We have an oppor- agreed to and that they play by the ensure that United States workers, agricul- tunity and an obligation, in short, to rules.

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.037 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7751 This resolution moves in the direc- part of this resolution, paragraph No. 2; from Pennsylvania (Mr. ENGLISH). This tion of providing better fair trade for it talks about ensuring that U.S. ex- resolution urges Ambassador Zoellick American workers and for American ports are not subject to the abusive use to defend the ability of the United companies at a time when we are clear- of trade laws, including antidumping States to use antidumping and coun- ly entering a recession. I hope it will and countervailing duty laws, by other tervailing duty laws to protect against enjoy strong support. It already enjoys countries. I think that is a useful pro- unfair trade practices. strong bipartisan support. I want to vision. However, I do not think in any I am and have always been a sup- thank my colleagues for that. way paragraph 2 should be used to porter of free and fair trade. In my pre- Madam Speaker, I reserve the bal- moderate or modify paragraph 1. As vious career, I was an international ance of my time. hard as we negotiate at Doha regarding businessman and traveled to some 81 Mr. LEVIN. Madam Speaker, I yield paragraph 2, I hope in no way will it foreign countries. I know that Idaho myself such time as I may consume. undercut our determination as ex- and all U.S. businesses can successfully (Mr. LEVIN asked and was given per- pressed in paragraph 1 of this resolu- compete against products from any- mission to revise and extend his re- tion. where in the world. Government inter- marks.) In that regard, I comment next on vention, rather than foreign competi- Mr. LEVIN. Madam Speaker, I rise in the ministerial language that has been tion, is the only threat to the produc- support of this resolution. I regret that drafted. It is not acceptable. Essen- tivity of my constituents. it has been brought up with very little tially what it does is to commit the Today, Idaho and U.S. computer chip notice so that many of my colleagues parties to a renegotiation. It may not manufacturers are threatened by the who would like to participate will not say that directly, but that is the impli- Government of South Korea. In viola- be able to do that, the gentleman from cation. It is the implication because, tion of international trading rules, Indiana (Mr. VISCLOSKY) and the gen- unlike for other provisions where there South Korea is forcing its banks to ex- tleman from Maryland (Mr. CARDIN), is first a discussion and then a decision change thousands of dollars of loans in for example, who are sponsors of this on negotiation, the way the present Hynix for worthless shares in the com- resolution, as well as members in the draft language reads, there would es- pany. Hynix even gets $500 million in Steel Caucus. sentially be a commitment to renegoti- new loans from government-controlled I do support it because trade remedy ation, and that is not acceptable. banks at much lower rates. Two pri- laws are critical to U.S. workers and I want to close by indicating that vate banks who are creditors refused to farmers and industry. They are a cen- while I support this resolution, and I give additional credit as they saw the tral pillar of a rule-based system. They very much support it, I do not want futility of doing so. were negotiated in the Uruguay Round. anyone to think that it is a substitute This massive injection of capital into It was a product of hard negotiations, for clear language in any Fast Track/ Hynix makes it possible for them to of lengthy discussions. The gentleman TPA bill. It is important that any Fast undercut the prices offered by other from New York (Mr. HOUGHTON) and I Track/TPA have, in unambiguous prin- private companies. Competitive chip were able to be there at the end of cipal negotiating objectives, a state- manufacturers within both the United those discussions, and I can say first- ment that there will not be, as far as States and overseas will be driven out hand that it was very much give and the U.S. is concerned, any renegoti- of business by these actions if positive take. There was final agreement. We ation of the language in the Uruguay steps, such as we are suggesting in this should resist efforts to unravel that Round document that we negotiated it resolution today, are not taken to op- agreement. in good faith, and we will not agree to pose them. Trade remedies are really part of a renegotiate it now. The ability of the United States to free market system. A free market sys- The bill that the gentleman from bring antidumping and countervailing tem means that one party should not New York (Mr. RANGEL) and others and duty cases against foreign manufactur- rig the market to their advantage, to I have presented states clearly among ers is an important shield against the distort a free market to their advan- the principal negotiating objectives actions taken by the South Korean tage and the disadvantage of another. that there will be, as far as the U.S. is Government and others who would try The rules against dumping, the anti- concerned, no such renegotiation, to bail out their failing companies and dumping laws, are critical to ensuring while the bill of the gentleman from industries. While the World Trade Or- that market distortions in one country California (Mr. THOMAS) does not say ganization plays a very vital and im- do not undermine another through that clearly as a principal negotiating portant role in ensuring that inter- their exports, through their dumping objective. I think it is important that national trading nations play by the below cost. whatever might come out of Doha, and rules, it currently lacks the speed and The countervailing duty provisions I think it is critical that there be no the flexibility to protect nations try to assure that one country does not renegotiation, that we state in Fast against unfair trade practices. Our gain an unfair advantage through large Track/TPA language what is the posi- antidumping and countervailing duty subsidies. Subsidies undercut a free tion of this Congress. One bill does that legislation gives this Nation the ability market. The safeguard rules are there and another bill, the Thomas bill, does to protect itself from all unfair com- to make sure that if there is a major not. petition. surge, a country is not left without, as I rise in support. I hope we will have b 1545 the word connotes, a ‘‘safeguard.’’ And a strong vote for this bill. Again, I re- so I think that these trade remedies, gret that some of my colleagues who I am pleased to rise before this House negotiated through hard discussions otherwise would be here to speak on and give my full support to this resolu- with give and take, should not be this will not be able to do so because tion. I also offer this warning to those opened up. they did not have notice that it was nations who would seek to undermine What has happened in recent years, coming up. fair trade: this Congress will not stand though, is that the WTO rules have Madam Speaker, I reserve the bal- for and will be prepared to take what- been undercut by some unfortunate de- ance of my time. ever steps are necessary to defend itself cisions of WTO dispute settlement bod- Mr. ENGLISH. Madam Speaker, I against economic aggression. ies. What they have done, in a word, is yield 5 minutes to the gentleman from I will support, nay, Madam Speaker, to misinterpret in some cases the ac- Idaho (Mr. OTTER), a strong supporter I will champion, any additional au- tual language and to impose new and of this resolution and a strong advo- thorities that our trade representatives never-agreed-to obligations on WTO cate of American interests in trade. need to defend America’s workers and members. We do not want to make it (Mr. OTTER asked and was given per- industries. worse by now reopening this very lan- mission to revise and extend his re- Mr. LEVIN. Madam Speaker, I yield 4 guage which was worked out through marks.) minutes to the gentleman from Ohio such hard discussions. Mr. OTTER. Madam Speaker, I rise (Mr. BROWN). I want to comment, if I might, on a today in support of this resolution of- Mr. BROWN of Ohio. Madam Speak- couple of aspects. One is the second fered by my good friend, the gentleman er, I thank the gentleman for yielding

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.039 pfrm02 PsN: H06PT1 H7752 CONGRESSIONAL RECORD — HOUSE November 6, 2001 me time, and I rise in support of H. That means that we hope coming out this year. I would remind Members Con. Resolution 262, offered by the gen- of this ministerial, again, even though that Qualitech Steel in Indiana ceased tleman from Pennsylvania (Mr. it is located in a place that sends a operations on January 26 of this year. I ENGLISH) and the gentleman from message not of freedom, but of much would remind my colleagues that Gulf Michigan (Mr. LEVIN). less than that, we hope that the mes- States Steel in the State of Alabama As thousands of steelworkers have sage that comes out of this meeting in ceased operations in this year, the discovered, the United States has be- Qatar is sort of the opposite of what month of January. I would remind my come the world’s steel dumping goes in in terms of the message that colleagues that on May 18 of this year, ground. During the 1998 steel crisis, holding in Qatar means, that we care Northwestern Steel and Wire, located steel imports into the United States about labor standards, environmental in the State of Illinois, ceased oper- exceeded steel exports by a record 36 standards, free elections, freedom of ations. I would remind my colleagues million tons. The trade deficit in steel worship, all the values that we in this that CSC Limited in the State of Ohio was a record $11 billion dollars, ac- country fight for and we in this coun- ceased operations this year. I would counting for nearly 7 percent of our try hold dear. further remind my colleagues that overall trade and growing trade imbal- That is another reason I think it is Trico Steel also in the State of Ala- ance. The vast majority of these im- important to join the efforts of the bama ceased operations this year. ports were subsidized by foreign gov- gentleman from Michigan (Mr. LEVIN) Great Lakes Metals, Limited, in East ernments and dumped at below-market and the gentleman from Pennsylvania Chicago, Indiana, my congressional dis- prices in our country. (Mr. ENGLISH) in support of H. Con. trict, ceased operations in July of this The American steel industry relies Res. 262. I ask House support for the year. Edgewater Steel, Limited, of on anti-dumping laws as their last line resolution. Oakmont, Pennsylvania, ceased oper- of defense against unfairly traded im- Mr. LEVIN. Madam Speaker, I yield ations on September 28 of this year, as ports. Unfortunately, since the Uru- such time as he may consume to the well as Acme Steel Corporation, also of guay Round agreements, the steel in- gentleman from Indiana (Mr. VIS- the State of Illinois. dustry’s ability to defend itself has CLOSKY). It is not just companies that have been severely weakened. Mr. VISCLOSKY. Madam Speaker, I At the upcoming World Trade Orga- ceased operations. It is not just the 10 appreciate the gentleman yielding me million additional tons of steel that nization ministerial in Doha, Qatar, time; and I also want to compliment several nations that export steel to the are no longer melted and produced in the gentleman and my good friend, the the United States of America that are United States have set the weakening gentleman from Pennsylvania (Mr. of international rules on trade laws as important to all of us. What is impor- ENGLISH), who has introduced this reso- a major priority to be negotiated. Rob- tant are the 140 people that lost their lution. The gentleman is the chairman ert Zoellick, the U.S. Trade Represent- job in Pennsylvania on September 28. of the Congressional Steel Caucus in ative, simply cannot be allowed to What is important are the 40 people in the House. travel to Qatar and negotiate away the East Chicago, Indiana, who lost their The resolution that we have here be- jobs this year. What is important are remaining safety measures the steel in- fore us today is very important because dustry has. the 320 people in Alabama who lost the industry, as I think all of my col- That is why I support this resolution. their jobs this year. What is important leagues understand, is imploding as we Many of us are concerned about this is the 1,225 people in Warren, Ohio, who WTO ministerial. We are, first of all, debate this resolution today. I think lost their jobs this year, or the 1,600 concerned because of the place it is lo- the first order of business is to make people who lost their jobs at North- cated. It is located in a country which sure that we do not backslide in any western Steel and Wire. What is impor- does not allow free elections. It is lo- way, shape, or form as far as the exist- tant are the 1,906 people in Gadsden, cated in a country which does not ing protections that are put into law. Alabama, who lost their jobs this year, allow freedom of expression. It is lo- Why do we need the gentleman’s res- or the 350 people who used to have a job cated in a country where women are olution today? First of all, we want to at Qualitech Steel in the State of Indi- treated not much differently from the ensure that there is a clear message ana, or those who also worked at Al way women are treated by the Taliban from the House of Representatives to Tech Specialty Steel, 790 individuals in Afghanistan. It is held in a country the new administration that preserving who lost jobs. our trade laws as they exist today is a where public worship by non-Muslims I would emphasize that these are in- primary focus and of primary impor- is banned. dividual citizens we are here to rep- tance to us. The message that that sends to peo- resent, and those are good-paying jobs Second, it is clear that some would ple around the world, that the trade with good benefits; and there are fami- like to see our antidumping and ministers are meeting in a city and lies and households and mortgages that antisubsidy laws changed, and it is im- country where public protests will not attach to this issue. portant to also send our trading part- be allowed, where free speech is not al- We have jobs, we have people, and we lowed, where public expression is not ners a clear message that we will not tolerate this. have a national defense issue here. allowed, where freedom of worship is Over the last 23 years we have seen 30 not allowed, where free elections are Finally, some of our strongest allies, because of travel uncertainties, may million tons of steel capacity closed in not allowed, is troubling. the United States of America. In the It is troubling because all too often not be at the WTO conference in the last 12 to 18 months, we have added an- our own trade minister, in this case coming week to assist us in ensuring other 10 million tons of capacity that Mr. Zoellick, has used in the past lan- that there is no backsliding on this have now closed. The problem as I see guage to suggest that those of us that issue. it is we are the only industrialized Na- do not support his free trade agenda, But while I am here to congratulate his agenda to weaken environmental my good friend, the gentleman from tion on the planet Earth who cannot and labor standards around the world, Pennsylvania (Mr. ENGLISH), and to produce enough steel now to meet our that do not support his agenda are in fully support the legislation he has in- own needs. some way unpatriotic or somewhat in- troduced, which I am a cosponsor of, I I am very pleased that because of the different to the counterterrorism ef- would also use my time today to re- pressure many of us brought with H.R. forts promoted by the administration. mind our colleagues that the task is 808, that the gentleman is also a co- While all of us I believe in Congress not yet finished as far as assistance to sponsor of, that more than a majority support the President’s efforts to com- the domestic steel industry. of the House have cosponsored, the ad- bat terrorism, both domestically and I would point out to my colleagues ministration has initiated an inves- abroad, we do not subscribe to the val- that Al Tech Specialty Steel Corpora- tigation by the ITC. ues that Mr. Zoellick and others, and tion of the State of New York ceased The ITC last month found, to no in part of the U.S. Trade Representa- operations on June 29 of this year. one’s surprise, that serious injury has tive’s office journey to Qatar, tend to Laclede Steel Company in the State of occurred to the domestic steel indus- suggest. Missouri ceased operation in August try. There is a remedy phase, and then

VerDate 06-NOV-2001 03:42 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.041 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7753 the administration must make a deci- nies have gone out of business because against putting our antidumping laws sion as far as the implementation of it has taken over 3 years since we have on the chopping block and negotiating that remedy. had illegal imports for the system to them away. They have consistently We have also seen an improvement as provide the appropriate relief. So we been advocates of a stronger trade pol- far as changing the existing loan guar- should be talking about strengthening icy for America. They have been con- antee program that was put in place in those laws, not weakening them. sistently willing to stand up for steel. 1999, increasing that guarantee from 85 I think this resolution makes it clear As chairman of the Steel Caucus, I percent to 95 percent to give qualified that we are going to draw a line in the would like to take a moment right now steel companies who have a good busi- sand that we are not going to weaken to thank them for having the courage ness and a reasonable chance of success our current protections that we have to stand up at considerable political of making it. against illegally dumped steel. It is an expense in some circles to themselves But the industry also needs financial important statement for us to go on and being willing to fight for American help. Several weeks ago I attempted to record. steel workers, fight for our basic capac- have an amendment offered on the I applaud my colleagues for bringing ity to produce our own steel. That is so House floor to provide $800 million a forward this resolution and urge all my fundamental to us as a strategic asset year for 3 years to help ameliorate the colleagues to support it. and our American steel-making capac- problems that the industry is facing as Mr. LEVIN. Madam Speaker, I be- ity, if it survives in coming years, will far as their legacy costs. My concern is lieve we have covered our position be much through the effort of this if we do not act between now and the well; and, therefore, I yield back the Bush administration. middle of December in this body to pro- balance of my time. So Mr. Zoellick, when he goes to vide this industry with those dollars, it Mr. ENGLISH of Pennsylvania. Doha, will have a strong record as a will cease to exist. Madam Speaker, I yield myself such friend of steel, as a friend of American I have five major facilities along the time as I may consume. workers and American manufacturers, southern shore of Lake Michigan. I Madam Speaker, I want to thank the and also as a strong advocate of a firm would not represent to the Speaker or gentlemen who have participated in U.S. position when it comes to the to any of my Members that those fa- this debate today, because their pres- antidumping laws. cilities are going to disappear. But my ence here has highlighted the impor- Madam Speaker, in conclusion, I great fear on behalf of the people in- tance of this resolution in sending a think we all look at the trade issue volved, on behalf of the communities message to the world that the United from the perspective of our local com- involved, and on behalf of our national States Congress feels very strongly munities. I come from northwestern defense is when they cease to operate, that the U.S. needs to have strong anti- Pennsylvania, from a community with foreign investors will buy parts. They dumping protections, needs to have a the largest concentration of manufac- will close all of our melting capacity. strong trade policy, and is fully pre- turing jobs in our entire State, also the We will no longer make steel in the pared to take that position and stress largest concentration of export-related Great Lakes States. We will process it this coming weekend in Doha. jobs in our State. We have seen a steel in the Great Lakes States. I think winnowing out of this manufacturing b 1600 that would be a travesty, and I would capacity. Over the last few months, we use my time allotted by the gentleman I particularly want to thank the have lost permanently 6 percent of our from Michigan to make that point and American Iron and Steel Institute for manufacturing base, and that was be- implore my colleagues to consider the their support of our resolution. I want fore the announcement of just a week financing that is necessary for the do- to thank the Steel Caucus, of which I ago that International Paper is closing mestic steel industry to solve their am chairman and of which the gen- a plant that has sustained our commu- problems. tleman from Indiana (Mr. VISCLOSKY) is nity as a major source of jobs for the Mr. LEVIN. Madam Speaker, I yield vice chairman. I want to particularly last 100 years. such time as he may consume to the single him out for thanks for his par- Madam Speaker, looking at this from gentleman from Maryland (Mr. ticipation not only in this effort, but in northwestern Pennsylvania, we know CARDIN). all of the efforts of the Steel Caucus we have neighbors in need. We know we Mr. CARDIN. Madam Speaker, I and his photo finish appearance on the have workers throughout America who thank the gentleman for yielding me floor today from traveling. I want to have had good skilled jobs, whose jobs this time and for his leadership on thank the gentleman from Michigan have been at risk; and in many cases, strengthening our antidumping and (Mr. LEVIN) for his wisdom and his in- they have recently lost them. Madam countervailing duty laws. I thank the stitutional memory. He has been a Speaker, I imagine many of those gentleman from Pennsylvania (Mr. major figure in all of our trade debates workers are at home watching this de- ENGLISH) for his strong leadership in of the last few years, and we look for- bate; and I would like to be able to re- this area. ward to his major contribution in the assure them, send them a strong mes- Madam Speaker, I strongly support coming days to the trade debates that sage, even as we send our trading part- this resolution. We must make sure are before us. ners a strong message, that this Con- that in negotiating in the next trade I also want to thank the gentleman gress will not stand by while some of rounds, that we do not do anything from Maryland (Mr. CARDIN), my our trading partners try to get us to that can compromise our current laws friend, who has really been an extraor- negotiate away an important part of that we have in effect that deal with dinary advocate of strengthening the the trade protections that we are cur- antidumping and countervailing duties. antidumping laws, and I have had the rently allowed to have under inter- Madam Speaker, I must say we even privilege of the working with him on national law. have to go further than that. We need this issue now in two different Con- Madam Speaker, I urge the passage to strengthen our laws consistent with gresses. I also want to thank the gen- of this resolution to send a strong, bi- our World Trade Organization obliga- tleman from Ohio who spoke earlier for partisan message that this Congress is tions. I think that we need to strength- giving me the opportunity to correct committed to a strong trade policy. en those laws. It is interesting that the the record, since he created the impres- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE gentleman from Pennsylvania (Mr. sion that this resolution was in some The SPEAKER pro tempore (Mrs. ENGLISH) and the gentleman from way binding the Bush administration, BIGGERT). The Chair would remind that Michigan (Mr. LEVIN) are both cospon- restricting the Bush administration all comments should be addressed to sors and sponsors of legislation in and the position they might take in the Chair. order to do that. the negotiations on the next WTO Mr. ENGLISH. Madam Speaker, I The problem is it takes too long to Round. Nothing could be further from yield back the balance of my time. provide relief to industries that have the truth. The SPEAKER pro tempore. The been hurt by dumped products. The Madam Speaker, what is fairly clear question is on the motion offered by steel industry, of course, is a classic from the record is that this adminis- the gentleman from Pennsylvania (Mr. example. Too many of our steel compa- tration has consistently come out ENGLISH) that the House suspend the

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.042 pfrm02 PsN: H06PT1 H7754 CONGRESSIONAL RECORD — HOUSE November 6, 2001 rules and agree to the concurrent reso- Sec. 114. Increased penalties for interference rity personnel at United States airports lution, H. Con. Res. 262. with security personnel. should become a Federal government respon- The question was taken. Sec. 115. Security-related study by FAA. sibility. The SPEAKER pro tempore. In the Sec. 116. Air transportation arrangements in (6) Although the number of Federal air certain States. marshals is classified, their presence on both opinion of the Chair, two-thirds of Sec. 117. Airline computer reservation sys- international and domestic flights would those present have voted in the affirm- tems. have a deterrent effect on hijacking and ative. Sec. 118. Security funding. would further bolster public confidence in Mr. ENGLISH. Madam Speaker, on Sec. 119. Increased funding flexibility for the safety of air travel. that I demand the yeas and nays. aviation security. (7) The effectiveness of existing security The yeas and nays were ordered. Sec. 120. Authorization of funds for reim- measures, including employee background The SPEAKER pro tempore. Pursu- bursement of airports for secu- checks and passenger pre-screening, is im- rity mandates. paired because of the inaccessibility of, or ant to clause 8 of rule XX and the Sec. 121. Encouraging airline employees to the failure to share information among, data Chair’s prior announcement, further report suspicious activities. bases maintained by different Federal and proceedings on this motion will be Sec. 122. Less-than-lethal weaponry for international agencies for criminal behavior postponed. flight deck crews. or pertinent intelligence information. Sec. 123. Mail and freight waivers. SEC. 102. TRANSPORTATION SECURITY FUNC- f Sec. 124. Safety and security of on-board TION. RECESS supplies. (a) IN GENERAL.—Section 102 of title 49, Sec. 125. Flight deck security United States Code, is amended— The SPEAKER pro tempore. Pursu- Sec. 126. Amendments to airmen registry (1) by redesignating subsections (d), (e), ant to clause 12 of rule I, the Chair de- authority. and (f) as subsections (e), (f), and (g); and clares the House in recess until ap- Sec. 127. Results-based management. (2) by inserting after subsection (c) the fol- proximately 5:30 p.m. Sec. 128. Use of facilities. lowing: Accordingly (at 4 o’clock and 5 min- Sec. 129. Report on national air space re- ‘‘(d) DEPUTY SECRETARY FOR TRANSPOR- strictions put in place after ter- TATION SECURITY.— utes p.m.), the House stood in recess ‘‘(1) IN GENERAL.—The Department has a until approximately 5:30 p.m. rorist attacks that remain in place. Deputy Secretary for Transportation Secu- f Sec. 130. Voluntary provision of emergency rity, who shall be appointed by the Presi- dent, by and with the advice and consent of 1745 services during commercial b flights. the Senate. The Deputy Secretary for Trans- portation Security shall carry out duties and Sec. 131. Enhanced security for aircraft. AFTER RECESS powers prescribed by the Secretary relating Sec. 132. Implementation of certain detec- to security for all modes of transportation. The recess having expired, the House tion technologies. ‘‘(2) AVIATION-RELATED DUTIES.—The Dep- was called to order by the Speaker pro Sec. 133. Report on new responsibilities of uty Secretary— tempore (Mr. LAHOOD) at 5 o’clock and the Department of Justice for ‘‘(A) shall coordinate and direct, as appro- aviation security. 45 minutes p.m. priate, the functions and responsibilities of Sec. 134. Definitions. f the Secretary of Transportation and the Ad- TITLE II—DEPLOYMENT AND USE OF ministrator of the Federal Aviation Admin- AVIATION SECURITY ACT SECURITY TECHNOLOGIES istration under chapter 449; Mr. YOUNG of Alaska. Mr. Speaker, I Subtitle A—Expanded Deployment and Utili- ‘‘(B) shall work in conjunction with the ask unanimous consent to take from zation of Current Security Technologies Administrator of the Federal Aviation Ad- ministration with respect to any actions or the Speaker’s table the Senate bill (S. and Procedures Sec. 201. Expanded deployment and utiliza- activities that may affect aviation safety or 1447) to improve aviation security, and air carrier operations; and for other purposes, and ask for its im- tion of current security tech- nologies and procedures. ‘‘(C) shall actively cooperate and coordi- mediate consideration in the House. nate with the Attorney General, the Sec- The Clerk read the title of the Senate Subtitle B—Short-Term Assessment and De- retary of Defense, and the heads of other ap- ployment of Emerging Security Tech- propriate Federal agencies and departments bill. nologies and Procedures The SPEAKER pro tempore. Is there with responsibilities for national security Sec. 211. Short-term assessment and deploy- objection to the request of the gen- and criminal justice enforcement activities ment of emerging security that are related to aviation security through tleman from Alaska? technologies and procedures. the Aviation Security Coordination Council. There was no objection. Subtitle C—Research and Development of ‘‘(3) NATIONAL EMERGENCY RESPONSIBIL- The Clerk read the Senate bill, as fol- Aviation Security Technology ITIES.—Subject to the direction and control lows: Sec. 221. Research and development of avia- of the Secretary, the Deputy Secretary shall Be it enacted by the Senate and House of Rep- tion security technology. have the following responsibilities: resentatives of the United States of America in ‘‘(A) To coordinate domestic transpor- Congress assembled, TITLE I—AVIATION SECURITY tation during a national emergency, includ- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. SEC. 101. FINDINGS. ing aviation, rail, and other surface trans- (a) SHORT TITLE.—This Act may be cited as The Congress finds the following: portation, and maritime transportation (in- the ‘‘Aviation Security Act’’. (1) The safety and security of the civil air cluding port security). (b) TABLE OF CONTENTS.—The table of con- transportation system is critical to the ‘‘(B) To coordinate and oversee during a tents for this Act is as follows: United States’ security and its national de- national emergency the transportation-re- fense. lated responsibilities of other departments Sec. 1. Short title; table of contents. (2) A safe and secure United States civil air and agencies of the Federal Government TITLE I—AVIATION SECURITY transportation system is essential to the other than the Department of Defense and Sec. 101. Findings. basic freedom of Americans to move in intra- the military departments. Sec. 102. Transportation security function. state, interstate, and international transpor- ‘‘(C) To establish uniform national stand- Sec. 103. Aviation Security Coordination tation. ards and practices for transportation during Council. (3) The terrorist hijackings and crashes of a national emergency. Sec. 104. Improved flight deck integrity passenger aircraft on September 11, 2001, ‘‘(D) To coordinate and provide notice to measures. converting civil aircraft into guided bombs other departments and agencies of the Fed- Sec. 105. Deployment of Federal air mar- for strikes against civilian and military tar- eral Government, and appropriate agencies shals. gets requires the United States to change of State and local governments, including Sec. 106. Improved airport perimeter access fundamentally the way it approaches the departments and agencies for transportation, security. task of ensuring the safety and security of law enforcement, and border control, about Sec. 107. Enhanced anti-hijacking training the civil air transportation system. threats to transportation during a national for flight crews. (4) The existing fragmentation of responsi- emergency. Sec. 108. Passenger and property screening. bility for that safety and security among ‘‘(E) To carry out such other duties, and Sec. 109. Training and employment of secu- government agencies and between govern- exercise such other powers, relating to trans- rity screening personnel. ment and nongovernment entities is ineffi- portation during a national emergency as Sec. 110. Research and development. cient and unacceptable in light of the hijack- the Secretary of Transportation shall pre- Sec. 111. Flight school security. ings and crashes on September 11, 2001. scribe. Sec. 112. Report to Congress on security. (5) The General Accounting Office has rec- ‘‘(4) RELATIONSHIP TO OTHER TRANSPOR- Sec. 113. General aviation and air charters. ommended that security functions and secu- TATION AUTHORITY.—The authority of the

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Deputy Secretary under paragraph (3) to co- ‘‘(3) CHAIR.—The Council shall be chaired trator deems appropriate (without regard to ordinate and oversee transportation and by the Secretary of Transportation or the the provisions of chapter 5 of title 5, United transportation-related responsibilities dur- Secretary’s designee. States Code) to ensure the inaccessibility, to ing a national emergency shall not supersede ‘‘(4) MEMBERSHIP.—The members of the the greatest extent feasible, of the flight the authority of any other department or Council are: deck while the aircraft is so engaged. agency of the Federal Government under law ‘‘(A) The Secretary of Transportation, or SEC. 105. DEPLOYMENT OF FEDERAL AIR MAR- with respect to transportation or transpor- the Secretary’s designee. SHALS. tation-related matters, whether or not dur- ‘‘(B) The Attorney General, or the Attor- (a) AIR MARSHALS UNDER ATTORNEY GEN- ing a national emergency. ney General’s designee. ERAL GUIDELINES.—The Attorney General ‘‘(5) ANNUAL REPORT.—The Deputy Sec- ‘‘(C) The Secretary of Defense, or the Sec- shall prescribe guidelines for the training retary shall submit to the Congress on an an- retary’s designee. and deployment of individuals authorized, nual basis a report on the activities of the ‘‘(D) The Secretary of the Treasury, or the with the approval of the Attorney General, Deputy Secretary under paragraph (3) during Secretary’s designee. to carry firearms and make arrests under the preceding year. ‘‘(E) The Director of the Central Intel- section 44903(d) of title 49, United States ‘‘(6) NATIONAL EMERGENCY.—The Secretary ligence Agency, or the Director’s designee. Code. The Secretary of Transportation shall of Transportation shall prescribe the cir- ‘‘(F) The head, or an officer or employee administer the air marshal program under cumstances constituting a national emer- designated by the head, of any other Federal that section in accordance with the guide- gency for purposes of paragraph (3).’’. agency the participation of which is deter- lines prescribed by the Attorney General. (b) ATTORNEY GENERAL RESPONSIBILITIES.— mined by the Secretary of Transportation, in (b) DEPLOYMENT.—Section 44903(d) of title The Attorney General of the United States— consultation with the Attorney General, to 49, United States Code, is amended— (1) is responsible for day-to-day Federal se- be appropriate. (1) by inserting ‘‘(1)’’ before ‘‘With’’; curity screening operations for passenger air ‘‘(g) CROSS-CHECKING DATA BASE INFORMA- (2) by redesignating paragraphs (1) and (2) transportation or intrastate air transpor- TION.—The Secretary of Transportation, act- as subparagraphs (A) and (B); and tation under sections 44901 and 44935 of title ing through the Aviation Security Coordina- (3) by adding at the end the following: 49, United States Code; tion Council, shall— ‘‘(2) The Secretary— (2) shall work in conjunction with the Ad- ‘‘(1) explore the technical feasibility of de- ‘‘(A) may place Federal air marshals on ministrator of the Federal Aviation Admin- veloping a common database of individuals every scheduled passenger flight in air trans- istration with respect to any actions or ac- who may pose a threat to aviation or na- portation and intrastate air transportation; tivities that may affect aviation safety or tional security; and air carrier operations; ‘‘(2) enter into memoranda of under- ‘‘(B) shall place them on every such flight (3) is responsible for hiring and training standing with other Federal agencies to determined by the Secretary to present high personnel to provide security screening at all share or otherwise cross-check data on such security risks. United States airports involved in passenger individuals identified on Federal agency data ‘‘(3) In making the determination under air transportation or intrastate air transpor- bases, and may utilize other available data paragraph (2)(B), nonstop longhaul flights, tation, in consultation with the Secretary of bases as necessary; and such as those targeted on September 11, 2001, Transportation, the Secretary of Defense, ‘‘(3) evaluate and assess technologies in de- should be a priority.’’. (c) TRAINING, SUPERVISION, AND FLIGHT AS- and the heads of other appropriate Federal velopment or use at Federal departments, SIGNMENT.—Within 30 days after the date of agencies and departments; and agencies, and instrumentalities that might enactment of this Act, the Secretary of (4) shall actively cooperate and coordinate be useful in improving the safety and secu- Transportation, under the authority of sub- with the Secretary of Transportation, the rity of aviation in the United States.’’. sections (d) and (e) of section 44903 of title 49, Secretary of Defense, and the heads of other (b) POLICIES AND PROCEDURES.—Section United States Code, shall— appropriate Federal agencies and depart- 44911(b) of title 49, United States Code, is (1) provide for deployment of Federal air ments with responsibilities for national se- amended by striking ‘‘international’’. (c) STRATEGIC PLANNING.—Section 44911(c) marshals on flights in air transportation and curity and criminal justice enforcement ac- of title 49, United States Code, is amended by intrastate air transportation; tivities that are related to aviation security striking ‘‘consider placing’’ and inserting (2) provide for appropriate background and through the Aviation Security Coordination ‘‘place’’. fitness checks for candidates for appoint- Council. SEC. 104. IMPROVED FLIGHT DECK INTEGRITY ment as Federal air marshals; (c) REVIEW AND DEVELOPMENT OF WAYS TO MEASURES. (3) provide for appropriate training, super- STRENGTHEN SECURITY.—Section 44932(c) of (a) IN GENERAL.—As soon as possible after vision, and equipment of Federal air mar- title 49, United States Code, is amended— the date of enactment of this Act, the Ad- shals; and (1) by striking ‘‘x-ray’’ in paragraph (4); ministrator of the Federal Aviation Admin- (4) require air carriers to provide seating (2) by striking ‘‘and’’ at the end of para- istration shall— for Federal air marshals on any flight with- graph (4); (1) issue an order (without regard to the out regard to the availability of seats on (3) by striking ‘‘passengers.’’ in paragraph provisions of chapter 5 of title 5, United that flight. (5) and inserting ‘‘passengers;’’; and States Code)— (d) INTERNATIONAL FLIGHTS.—The Sec- (4) by adding at the end the following: (A) prohibiting access to the flight deck of retary shall work with the International ‘‘(6) to strengthen and enhance the ability aircraft engaged in passenger air transpor- Civil Aviation Organization and with appro- to detect nonexplosive weapons, such as bio- tation or intrastate air transportation ex- priate civil aviation authorities of foreign logical, chemical, or similar substances; and cept to authorized personnel; governments under section 44907 of title 49, ‘‘(7) to evaluate such additional measures (B) requiring the strengthening of the United States Code, to address security con- as may be appropriate to enhance physical flight deck door and locks on any such air- cerns on flights by foreign air carriers to and inspection of passengers, luggage, and craft operating in air transportation or from the United States. cargo.’’. intrastate air transportation that has a rigid (e) INTERIM MEASURES.—The Secretary (d) TRANSITION.—Until the Deputy Sec- door in a bulkhead between the flight deck may, after consultation with the heads of retary for Transportation Security takes of- and the passenger area to ensure that the other Federal agencies and departments, use fice, the functions of the Deputy Secretary door cannot be forced open from the pas- personnel from those agencies and depart- that relate to aviation security shall be car- senger compartment; ments to provide air marshal service on do- ried out by the Assistant Administrator for (C) requiring that such flight deck doors mestic and international flights, and may Civil Aviation Security of the Federal Avia- remain locked while any such aircraft is in use the authority provided by section 324 of tion Administration. flight except when necessary to permit the title 49, United States Code, for such pur- SEC. 103. AVIATION SECURITY COORDINATION flight deck crew access and egress; and pose. COUNCIL. (D) prohibiting the possession of a key to (f) REPORTS.— (a) IN GENERAL.—Section 44911 of title 49, any such flight deck door by any member of (1) IN GENERAL.—The Attorney General and United States Code, is amended by adding at the flight crew who is not assigned to the the Secretary of Transportation shall submit the end the following: flight deck; and the following reports in classified form, if ‘‘(f) AVIATION SECURITY COORDINATION (2) take such other action, including modi- necessary, to the Senate Committee on Com- COUNCIL.— fication of safety and security procedures, as merce, Science, and Transportation and the ‘‘(1) IN GENERAL.—There is established an may be necessary to ensure the safety and House of Representatives Committee on Aviation Security Coordination Council. security of the aircraft. Transportation and Infrastructure: ‘‘(2) FUNCTION.—The Council shall work (b) COMMUTER AIRCRAFT.—The Adminis- (A) Within 18 months after the date of en- with the intelligence community to coordi- trator shall investigate means of securing, to actment of this Act, an assessment of the nate intelligence, security, and criminal en- the greatest feasible extent, the flight deck program carried out under section 44903(d) of forcement activities affecting the safety and of aircraft operating in air transportation or title 49, United States Code. security of aviation at all United States air- intrastate air transportation that do not (B) Within 120 days after such date, an as- ports and air navigation facilities involved have a rigid fixed door with a lock between sessment of the effectiveness of the security in air transportation or intrastate air trans- the passenger compartment and the flight screening process for carry-on baggage and portation. deck and issue such an order as the Adminis- checked baggage.

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.013 pfrm02 PsN: H06PT1 H7756 CONGRESSIONAL RECORD — HOUSE November 6, 2001 (C) Within 6 months after the date of en- community airports, including the parking SEC. 108. PASSENGER AND PROPERTY SCREEN- actment of this Act, an assessment of the of passenger vehicles within 300 feet of the ING. safety and security-related training provided airport terminal building with respect to (a) IN GENERAL.—Section 44901 of title 49, to flight and cabin crews. that airport. United States Code, is amended to read as (2) RECOMMENDATIONS.—The Attorney Gen- (c) CHEMICAL AND BIOLOGICAL WEAPON DE- follows: eral and the Secretary may submit, as part TECTION.—Section 44903(c)(2)(C) of title 49, ‘‘§ 44901. Screening passengers, individuals of any report under this subsection or sepa- United States Code, is amended to read as with access to secure areas, and property rately, any recommendations they may have follows: ‘‘(a) IN GENERAL.—The Attorney General, for improving the effectiveness of the Fed- ‘‘(C) MAXIMUM USE OF CHEMICAL AND BIO- in consultation with the Secretary of Trans- eral air marshal program or the security LOGICAL WEAPON DETECTION EQUIPMENT.—The portation, shall provide for the screening of screening process. Secretary of Transportation shall require all passengers and property, including (g) COOPERATION WITH OTHER AGENCIES.— airports to maximize the use of technology United States mail, cargo, carry-on and The last sentence of section 106(m) of title and equipment that is designed to detect po- checked baggage, and other articles, that 49, United States Code, is amended by strik- tential chemical or biological weapons.’’. will be carried aboard an aircraft in air ing ‘‘supplies and’’ and inserting ‘‘supplies, (d) IMPROVEMENT OF SECURED-AREA ACCESS transportation or intrastate air transpor- personnel, services, and’’. CONTROL.—Section 44903(g)(2) of title 49, tation. The screening shall take place before (h) AUTHORITY TO APPOINT RETIRED LAW United States Code, is amended— boarding and, except as provided in sub- ENFORCEMENT OFFICERS.—Notwithstanding (1) by striking ‘‘weaknesses by January 31, section (c), shall be carried out by a Federal any other provision of law, the Secretary of 2001;’’ in subparagraph (A) and inserting government employee (as defined in section Transportation may appoint an individual ‘‘weaknesses;’’; 2105 of title 5, United States Code). The At- who is a retired law enforcement officer or a (2) by striking subparagraph (D) and in- torney General, in consultation with the retired member of the Armed Forces as a serting the following: Secretary, shall provide for the screening of Federal air marshal, regardless of age, or an ‘‘(D) on an ongoing basis, assess and test all persons, including airport, air carrier, individual discharged or furloughed from a for compliance with access control require- foreign air carrier, and airport conces- commercial airline cockpit crew position, if ments, report annually findings of the as- sionaire employees, before they are allowed the individual otherwise meets the back- sessments, and assess the effectiveness of into sterile or secure areas of the airport, as ground and fitness qualifications required for penalties in ensuring compliance with secu- determined by the Attorney General. The Federal air marshals. rity procedures and take any other appro- screening of airport, air carrier, foreign air SEC. 106. IMPROVED AIRPORT PERIMETER AC- priate enforcement actions when noncompli- carrier, and airport concessionaire employ- CESS SECURITY. ance is found;’’; ees, and other nonpassengers with access to (a) IN GENERAL.—Section 44903 of title 49, (3) by striking ‘‘program by January 31, secure areas, shall be conducted in the same United States Code, is amended by adding at 2001;’’ in subparagraph (F) and inserting manner as passenger screenings are con- the end the following: ‘‘program;’’; and ducted, except that the Attorney General ‘‘(h) IMPROVED AIRPORT PERIMETER ACCESS (4) by striking subparagraph (G) and in- may authorize alternative screening proce- SECURITY.— serting the following: dures for personnel engaged in providing air- ‘‘(1) IN GENERAL.—The Secretary of Trans- ‘‘(G) work with airport operators to port or aviation security at an airport. In portation, in consultation with the airport strengthen access control points in secured carrying out this subsection, the Attorney operator and law enforcement authorities, areas (including air traffic control oper- General shall maximize the use of available may order the deployment of such personnel ations areas, maintenance areas, crew nonintrusive and other inspection and detec- at any secure area of the airport as nec- lounges, baggage handling areas, conces- tion technology that is approved by the Ad- essary to counter the risk of criminal vio- sions, and catering delivery areas) to ensure ministrator of the Federal Aviation Admin- lence, the risk of aircraft piracy at the air- the security of passengers and aircraft and istration for the purpose of screening pas- port, the risk to air carrier aircraft oper- consider the deployment of biometric or sengers, baggage, mail, or cargo. ations at the airport, or to meet national se- similar technologies that identify individ- ‘‘(b) DEPLOYMENT OF ARMED PERSONNEL.— curity concerns. uals based on unique personal characteris- ‘‘(1) IN GENERAL.—The Attorney General ‘‘(2) SECURITY OF AIRCRAFT AND GROUND AC- tics.’’. shall order the deployment of law enforce- CESS TO SECURE AREAS.—In determining (e) AIRPORT SECURITY PILOT PROGRAM.— ment personnel authorized to carry firearms where to deploy such personnel, the Sec- Section 44903(c) of title 49, United States at each airport security screening location retary shall consider the physical security Code, is amended by adding at the end the to ensure passenger safety and national secu- needs of air traffic control facilities, parked following: rity. aircraft, aircraft servicing equipment, air- ‘‘(3) The Administrator shall establish ‘‘(2) MINIMUM REQUIREMENTS.—Except at craft supplies (including fuel), automobile pilot programs in no fewer than 20 airports airports required to enter into agreements parking facilities within airport perimeters to test and evaluate new and emerging tech- under subsection (c), the Attorney General or adjacent to secured facilities, and access nology for providing access control and other shall order the deployment of at least 1 law and transition areas at airports served by security protections for closed or secure enforcement officer at each airport security other means of ground or water transpor- areas of the airports. Such technology may screening location. At the 100 largest air- tation. The Secretary of Transportation, include biometric or other technology that ports in the United States, in terms of an- after consultation with the Aviation Secu- ensures only authorized access to secure nual passenger enplanements for the most rity Coordination Council, shall consider areas.’’. recent calendar year for which data are whether airport, air carrier personnel, and (f) AIRPORT SECURITY AWARENESS PRO- available, the Attorney General shall order other individuals with access to such areas GRAMS.—The Secretary of Transportation the deployment of additional law enforce- should be screened to prevent individuals shall require air carriers and airports in- ment personnel at airport security screening volved in air transportation or intrastate air who present a risk to aviation security or locations if the Attorney General determines transportation to develop security awareness national security from gaining access to that the additional deployment is necessary programs for airport employees, ground such areas. to ensure passenger safety and national secu- crews, and other individuals employed at ‘‘(3) DEPLOYMENT OF FEDERAL LAW ENFORCE- rity. such airports. MENT PERSONNEL.—The Secretary of Trans- ‘‘(c) SECURITY AT SMALL COMMUNITY AIR- SEC. 107. ENHANCED ANTI-HIJACKING TRAINING PORTS.— portation may enter into a memorandum of FOR FLIGHT CREWS. understanding or other agreement with the ‘‘(1) PASSENGER SCREENING.—In carrying (a) IN GENERAL.—The Secretary of Trans- out subsection (a) and subsection (b)(1), the Attorney General or the head of any other portation shall develop a mandatory air car- Attorney General may require any nonhub appropriate Federal law enforcement agency rier program of training for flight and cabin airport (as defined in section 41731(a)(4)) or to deploy Federal law enforcement personnel crews of aircraft providing air transpor- at an airport in order to meet aviation safe- tation or intrastate air transportation in smaller airport with scheduled passenger op- ty and security concerns.’’. dealing with attempts to commit aircraft pi- erations to enter into an agreement under (b) SMALL AND MEDIUM AIRPORTS.—The Ad- racy (as defined in section 46502(a)(1)(A) of which screening of passengers and property ministrator of the Federal Aviation Admin- title 49, United States Code). The Secretary will be carried out by qualified, trained istration shall develop a plan to provide shall ensure that the training curriculum is State or local law enforcement personnel if— technical support to small and medium air- developed in consultation with Federal law ‘‘(A) the screening services are equivalent ports to enhance security operations, includ- enforcement agencies with expertise in ter- to the screening services that would be car- ing screening operations, and to provide fi- rorism, self-defense, hijacker psychology, ried out by Federal personnel under sub- nancial assistance to those airports to defray and current threat conditions. section (a); the costs of enhancing security. The Federal (b) NOTIFICATION PROCEDURES.—The Ad- ‘‘(B) the training and evaluation of individ- Aviation Administration in consultation ministrator of the Federal Aviation Admin- uals conducting the screening or providing with the appropriate State or local govern- istration shall revise the procedures by security services meets the standards set ment law enforcement authorities, shall re- which cabin crews of aircraft can notify forth in section 44935 for training and evalua- examine the safety requirements for small flight deck crews of security breaches and tion of Federal personnel conducting screen- community airports, to reflect a reasonable other emergencies and implement any new ing or providing security services under sub- level of threat to those individual small measures as soon as practicable. section (a);

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.013 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7757 ‘‘(C) the airport is reimbursed by the (7) by striking subsection (f). eral has determined to have equipped the in- United States, using funds made available by (c) TRANSITION.—The Attorney General dividual to perform the duties of the posi- the Aviation Security Act, for the costs in- shall complete the full implementation of tion. curred in providing the required screening, section 44901 of title 49, United States Code, ‘‘(B) The individual shall possess basic ap- training, and evaluation; and as amended by subsection (a), as soon as is titudes and physical abilities including color ‘‘(D) the Attorney General has consulted practicable but in no event later than 9 perception, visual and aural acuity, physical the airport sponsor. months after the date of enactment of this coordination, and motor skills to the fol- ‘‘(2) DETERMINATION OF LIMITED REQUIRE- Act. The Attorney General may make or lowing standards: MENTS.—The Attorney General, in consulta- continue such arrangements, including ar- ‘‘(i) Screeners operating screening equip- tion with the Secretary of Transportation, rangements under the authority of sections ment shall be able to distinguish on the 40110 and 40111 of that title, for the screening may prescribe modified aviation security screening equipment monitor the appro- of passengers and property under that sec- measures for a nonhub airport if the Attor- priate imaging standard specified by the At- tion as the Attorney General determines ney General determines that specific secu- torney General. Wherever the screening rity measures are not required at a nonhub necessary pending full implementation of that section as so amended. equipment system displays colors, the oper- airport at all hours of airport operation be- ator shall be able to perceive each color. SEC. 109. TRAINING AND EMPLOYMENT OF SECU- cause of— ‘‘(ii) Screeners operating any screening ‘‘(A) the types of aircraft that use the air- RITY SCREENING PERSONNEL. (a) IN GENERAL.—Section 44935 of title 49, equipment shall be able to distinguish each port; color displayed on every type of screening ‘‘(B) seasonal variations in air traffic and United States Code, is amended— (1) by redesignating subsection (f) as sub- equipment and explain what each color sig- types of aircraft that use the airport; or nifies. ‘‘(C) other factors that warrant modifica- section (i); and (2) by striking subsection (e) and inserting ‘‘(iii) Screeners shall be able to hear and tion of otherwise applicable security require- respond to the spoken voice and to audible ments. the following: ‘‘(e) SECURITY SCREENERS.— alarms generated by screening equipment in ‘‘(3) ADDITIONAL FEDERAL SECURITY MEAS- ‘‘(1) TRAINING PROGRAM.—The Attorney an active checkpoint environment. URES.—At any airport required to enter into General, in consultation with the Secretary ‘‘(iv) Screeners performing physical a reimbursement agreement under paragraph of Transportation, shall establish a program searches or other related operations shall be (1), the Attorney General— for the hiring and training of security able to efficiently and thoroughly manipu- ‘‘(A) may provide or require additional se- screening personnel. late and handle such baggage, containers, curity measures; ‘‘(2) HIRING.— and other objects subject to security proc- ‘‘(B) may conduct random security inspec- ‘‘(A) QUALIFICATIONS.—The Attorney Gen- essing. tions; and eral shall establish, within 30 days after the ‘‘(v) Screeners who perform pat-downs or ‘‘(C) may provide assistance to enhance date of enactment of the Aviation Security hand-held metal detector searches of individ- airport security at that airport. uals shall have sufficient dexterity and capa- ‘‘(d) MANUAL PROCESS.— Act, qualification standards for individuals bility to thoroughly conduct those proce- ‘‘(1) IN GENERAL.—The Attorney General to be hired by the United States as security dures over a individual’s entire body. shall require a manual process, at explosive screening personnel. Notwithstanding any ‘‘(C) The individual shall be able to read, detection system screening locations in air- provision of law to the contrary, those speak, and write English well enough to— ports where explosive detection equipment is standards shall, at a minimum, require an ‘‘(i) carry out written and oral instructions underutilized, which will augment the Com- individual— regarding the proper performance of screen- puter Assisted Passenger Prescreening Sys- ‘‘(i) to have a satisfactory or better score ing duties; tem by randomly selecting additional on a Federal security screening personnel se- ‘‘(ii) read English language identification checked bags for screening so that a min- lection examination; media, credentials, airline tickets, and labels imum number of bags, as prescribed by the ‘‘(ii) to have been a national of the United on items normally encountered in the Attorney General, are examined. States, as defined in section 101(a)(22) of the screening process; ‘‘(2) LIMITATION ON STATUTORY CONSTRUC- Immigration and Nationality Act (8 U.S.C. ‘‘(iii) provide direction to and understand TION.—Paragraph (1) shall not be construed 1101(a)(22)), for a minimum of 5 consecutive and answer questions from English-speaking to limit the ability of the Attorney General years; individuals undergoing screening; and or the Secretary of Transportation to impose ‘‘(iii) to have passed an examination for re- ‘‘(iv) write incident reports and statements additional security measures when a specific cent consumption of a controlled substance; and log entries into security records in the threat warrants such additional measures. ‘‘(iv) to meet, at a minimum, the require- English language. ‘‘(3) MAXIMUM USE OF EXPLOSIVE DETECTION ments set forth in subsection (f); and ‘‘(D) The individual shall have satisfac- EQUIPMENT.—In prescribing the minimum ‘‘(v) to meet such other qualifications as torily completed all initial, recurrent, and number of bags to be examined under para- the Attorney General may establish. appropriate specialized training required by graph (1), the Attorney General shall seek to ‘‘(B) BACKGROUND CHECKS.—The Attorney the security program, except as provided in maximize the use of the explosive detection General shall require that an individual to paragraph (2). equipment. be hired as a security screener undergo an ‘‘(2) EXCEPTIONS.—An individual who has ‘‘(e) FLEXIBILITY OF ARRANGEMENTS.—In employment investigation (including a carrying out subsections (a), (b), and (c), the criminal history record check) under section not completed the training required by this Attorney General may use memoranda of un- 44936(a)(1). section may be employed during the on-the- derstanding or other agreements with the ‘‘(C) DISQUALIFICATION OF INDIVIDUALS WHO job portion of training to perform functions heads of appropriate Federal law enforce- PRESENT NATIONAL SECURITY RISKS.—The At- if that individual— ment agencies covering the utilization and torney General, in consultation with the ‘‘(A) is closely supervised; and deployment of personnel of the Department heads of other appropriate Federal agencies, ‘‘(B) does not make independent judgments of Justice or such other agencies.’’. shall establish procedures, in addition to any as to whether individuals or property may (b) DEPUTIZING OF STATE AND LOCAL LAW background check conducted under section enter a sterile area or aircraft without fur- ENFORCEMENT OFFICERS.—Section 512 of the 44936, to ensure that no individual who pre- ther inspection. Wendell H. Ford Aviation Investment and sents a threat to national security is em- ‘‘(3) REMEDIAL TRAINING.—No individual Reform Act for the 21st Century is amend- ployed as a security screener. employed as a security screener may per- ed— ‘‘(3) EXAMINATION; REVIEW OF EXISTING form a screening function after that indi- (1) by striking ‘‘purpose of’’ in subsection RULES.—The Attorney General shall develop vidual has failed an operational test related (b)(1)(A) and inserting ‘‘purposes of (i)’’; a security screening personnel examination to that function until that individual has (2) by striking ‘‘transportation;’’ in sub- for use in determining the qualification of successfully completed the remedial training section (b)(1)(A) and inserting ‘‘transpor- individuals seeking employment as security specified in the security program. tation, and (ii) regulate the provisions of se- screening personnel. The Attorney General ‘‘(4) ANNUAL PROFICIENCY REVIEW.—The At- curity screening services under section shall also review, and revise as necessary, torney General shall provide that an annual 44901(c) of title 49, United States Code;’’; any standard, rule, or regulation governing evaluation of each individual assigned (3) by striking ‘‘NOT FEDERAL RESPONSI- the employment of individuals as security screening duties is conducted and docu- BILITY’’ in the heading of subsection (b)(3)(b); screening personnel. mented. An individual employed as a secu- (4) by striking ‘‘shall not be responsible for ‘‘(f) EMPLOYMENT STANDARDS FOR SCREEN- rity screener may not continue to be em- providing’’ in subsection (b)(3)(B) and insert- ING PERSONNEL.— ployed in that capacity unless the evaluation ing ‘‘may provide’’; ‘‘(1) SCREENER REQUIREMENTS.—Notwith- demonstrates that the individual— (5) by striking ‘‘flight.’’ in subsection (c)(2) standing any provision of law to the con- ‘‘(A) continues to meet all qualifications and inserting ‘‘flight and security screening trary, an individual may not be employed as and standards required to perform a screen- functions under section 44901(c) of title 49, a security screener unless that individual ing function; United States Code.’’; meets the following requirements: ‘‘(B) has a satisfactory record of perform- (6) by striking ‘‘General’’ in subsection (e) ‘‘(A) The individual shall possess a high ance and attention to duty based on the and inserting ‘‘General, in consultation with school diploma, a General Equivalency Di- standards and requirements in the security the Secretary of Transportation,’’; and ploma, or experience that the Attorney Gen- program; and

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‘‘(C) demonstrates the current knowledge as the Attorney General determines to be (2) REVIEW OF THREATS.—Subsection (b)(1) and skills necessary to courteously, vigi- necessary to carry out the passenger secu- of that section is amended— lantly, and effectively perform screening rity screening functions of the Attorney (A) by redesignating subparagraphs (A) functions. General under section 44901 of title 49, through (F) as subparagraphs (B) through ‘‘(5) OPERATIONAL TESTING.—In addition to United States Code. (G), respectively; and the annual proficiency review conducted (e) STRIKES PROHIBITED.—An individual (B) by inserting before subparagraph (B), under paragraph (4), the Attorney General employed as a security screener under sec- as so redesignated, the following new sub- shall provide for the operational testing of tion 44901 of title 49, United States Code, is paragraph (A): such personnel. prohibited from participating in a strike or ‘‘(A) a comprehensive systems analysis ‘‘(g) TRAINING.— asserting the right to strike pursuant to sec- (employing vulnerability analysis, threat at- ‘‘(1) USE OF OTHER AGENCIES.—The Attor- tion 7311(3) or 7116(b)(7) of title 5, United tribute definition, and technology roadmaps) ney General shall enter into a memorandum States Code. of the civil aviation system, including— of understanding or other arrangement with (f) BACKGROUND CHECKS FOR EXISTING EM- ‘‘(i) the destruction, commandeering, or di- any other Federal agency or department PLOYEES.— version of civil aircraft or the use of civil with appropriate law enforcement respon- (1) IN GENERAL.—Section 44936 of title 49, aircraft as a weapon; and sibilities, to provide personnel, resources, or United States Code, is amended by inserting ‘‘(ii) the disruption of civil aviation serv- other forms of assistance in the training of ‘‘is or’’ before ‘‘will’’ in subsection ice, including by cyber attack;’’. security screening personnel. (a)(1)(B)(i). (3) SCIENTIFIC ADVISORY PANEL.—Sub- ‘‘(2) TRAINING PLAN.—The Attorney General (2) EFFECTIVE DATE.—The amendments section (c) of that section is amended to read shall, within 60 days after the date of enact- made by paragraph (1) apply with respect to as follows: ment of the Aviation Security Act, develop a individuals employed on or after the date of ‘‘(c) SCIENTIFIC ADVISORY PANEL.—(1) The plan for the training of security screening enactment of the Aviation Security Act in a Administrator shall establish a scientific ad- personnel. The plan shall, at a minimum, re- position described in subparagraph (A) or (B) visory panel, as a subcommittee of the Re- quire that before being deployed as a secu- of section 44936(a)(1) of title 49, United States search, Engineering, and Development Advi- rity screener, an individual— Code. The Secretary of Transportation may sory Committee, to review, comment on, ad- ‘‘(A) has completed 40 hours of classroom provide by order for a phased-in implementa- vise the progress of, and recommend modi- instruction or successfully completed a pro- tion of the requirements of section 44936 of fications in, the program established under gram that the Attorney General determines that title made applicable to individuals em- subsection (a) of this section, including the will train individuals to a level of pro- ployed in such positions at airports on the need for long-range research programs to de- ficiency equivalent to the level that would date of enactment of this Act. tect and prevent catastrophic damage to be achieved by such classroom instruction; SEC. 110. RESEARCH AND DEVELOPMENT. commercial aircraft, commercial aviation ‘‘(B) has completed 60 hours of on-the-job (a) IN GENERAL.—Section 44912(b)(1) of title facilities, commercial aviation personnel and instruction; and 49, United States Code, is amended— passengers, and other components of the ‘‘(C) has successfully completed an on-the- (1) by striking ‘‘complete an intensive re- commercial aviation system by the next gen- job training examination prescribed by the view of’’ and inserting ‘‘periodically review’’; eration of terrorist weapons. Attorney General. (2) by striking ‘‘commercial aircraft in ‘‘(2)(A) The advisory panel shall consist of ‘‘(3) EQUIPMENT-SPECIFIC TRAINING.—An in- service and expected to be in service in the individuals who have scientific and technical dividual employed as a security screener 10-year period beginning on November 16, expertise in— may not use any security screening device or 1990;’’ in subparagraph (B) and inserting ‘‘(i) the development and testing of effec- equipment in the scope of that individual’s ‘‘aircraft in air transportation;’’; and tive explosive detection systems; employment unless the individual has been (3) by redesignating subparagraphs (D) ‘‘(ii) aircraft structure and experimen- trained on that device or equipment and has through (F) as subparagraphs (E) through tation to decide on the type and minimum successfully completed a test on the use of (G), respectively, and inserting after sub- weights of explosives that an effective explo- the device or equipment. paragraph (C) the following: sive detection technology must be capable of ‘‘(h) TECHNOLOGICAL TRAINING.—The Attor- ‘‘(D) the potential release of chemical, bio- detecting; ney General shall require training to ensure logical, or similar weapons or devices either ‘‘(iii) technologies involved in minimizing that screeners are proficient in using the within an aircraft or within an airport;’’. airframe damage to aircraft from explosives; most up-to-date new technology and to en- (b) ADDITIONAL MATTERS REGARDING RE- and sure their proficiency in recognizing new SEARCH AND DEVELOPMENT.— ‘‘(iv) other scientific and technical areas threats and weapons. The Attorney General (1) ADDITIONAL PROGRAM REQUIREMENTS.— the Administrator considers appropriate. shall make periodic assessments to deter- Subsection (a) of section 44912 of title 49, ‘‘(B) In appointing individuals to the advi- mine if there are dual use items and inform United States Code, is amended— sory panel, the Administrator should con- security screening personnel of the existence (A) by redesignating paragraph (4) as para- sider individuals from academia and the na- of such items. Current lists of dual use items graph (5); and tional laboratories, as appropriate. shall be part of the ongoing training for (B) by inserting after paragraph (3) the fol- ‘‘(3) The Administrator shall organize the screeners. For purposes of this subsection, lowing new paragraph (4): advisory panel into teams capable of under- the term ‘dual use’ item means an item that ‘‘(4)(A) In carrying out the program estab- taking the review of policies and tech- may seem harmless but that may be used as lished under this subsection, the Adminis- nologies upon request. a weapon.’’. trator shall designate an individual to be re- ‘‘(4) Not later than 90 days after the date of (b) CONFORMING AMENDMENTS.— sponsible for engineering, research, and de- the enactment of the Aviation Security Act, (1) Section 44936(a)(1)(A) is amended by in- velopment with respect to security tech- and every two years thereafter, the Adminis- serting ‘‘as a security screener under section nology under the program. trator shall review the composition of the 44935(e) or a position’’ after ‘‘a position’’. ‘‘(B) The individual designated under sub- advisory panel in order to ensure that the (2) Section 44936(b) of title 49, United paragraph (A) shall use appropriate systems expertise of the individuals on the panel is States Code, is amended— engineering and risk management models in suited to the current and anticipated duties (A) by inserting ‘‘the Attorney General,’’ making decisions regarding the allocation of of the panel.’’. after ‘‘subsection,’’ in paragraph (1); and funds for engineering, research, and develop- (c) COORDINATION WITH ATTORNEY GEN- (B) by striking ‘‘An’’ in paragraph (3) and ment with respect to security technology ERAL.—Section 44912(b) of title 49, United inserting ‘‘The Attorney General, an’’. under the program. States Code, is amended by adding at the end ‘‘(C) The individual designated under sub- (3) Section 44936(a)(1)(E) is amended by the following: striking clause (iv). paragraph (A) shall, on an annual basis, sub- ‘‘(3) Beginning on the date of enactment of (c) TRANSITION.—The Attorney General mit to the Research, Engineering and Devel- the Aviation Security Act, the Adminis- shall complete the full implementation of opment Advisory Committee a report on ac- trator shall conduct all research related to section 44935 (e), (f), (g), and (h) of title 49, tivities under this paragraph during the pre- screening technology and procedures in con- United States Code, as amended by sub- ceding year. Each report shall include, for junction with the Attorney General.’’. section (a), as soon as is practicable. The At- the year covered by such report, information SEC. 111. FLIGHT SCHOOL SECURITY. torney General may make or continue such on— (a) PROHIBITION.—Chapter 449 of title 49, arrangements for the training of security ‘‘(i) progress made in engineering, re- United States Code, is amended by adding at screeners under that section as the Attorney search, and development with respect to se- the end the following new section: General determines necessary pending full curity technology; implementation of that section as so amend- ‘‘(ii) the allocation of funds for engineer- ‘‘§ 44939. Training to operate jet-propelled ed. ing, research, and development with respect aircraft (d) SCREENER PERSONNEL.—Notwith- to security technology; and ‘‘(a) PROHIBITION.—No person subject to standing any other provision of law, the At- ‘‘(iii) engineering, research, and develop- regulation under this part may provide torney General may employ, appoint, dis- ment with respect to any technologies drawn training in the operation of any jet-propelled cipline, terminate, and fix the compensation, from other agencies, including the rationale aircraft to any alien (or other individual terms, and conditions of employment of Fed- for engineering, research, and development specified by the Secretary of Transportation eral service for such a number of individuals with respect to such technologies.’’. under this section) within the United States

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.013 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7759 unless the Attorney General issues to that ditional measures for the Federal Govern- providing air transportation on flights which person a certification of the completion of a ment to address transportation security both originate and terminate at points with- background investigation of the alien or functions. in the same State may file an agreement, re- other individual under subsection (b). SEC. 113. GENERAL AVIATION AND AIR CHAR- quest, modification, or cancellation of an ‘‘(b) INVESTIGATION.— TERS. agreement within the scope of that section ‘‘(1) REQUEST.—Upon the joint request of a The Secretary of Transportation shall sub- with the Secretary of Transportation upon a person subject to regulation under this part mit to the Senate Committee on Commerce, declaration by the Governor of the State and an alien (or individual specified by the Science, and Transportation and the House that such agreement, request, modification, Secretary) for the purposes of this section, of Representatives Committee on Transpor- or cancellation is necessary to ensure the the Attorney General shall— tation and Infrastructure within 3 months continuing availability of such air transpor- ‘‘(A) carry out a background investigation after the date of enactment of this Act a re- tation within that State. (b) APPROVAL OF SECRETARY.—The Sec- of the alien or individual within 30 days after port on how to improve security with respect retary may approve any such agreement, re- the Attorney General receives the request; to general aviation and air charter oper- quest, modification, or cancellation and and ations in the United States. ‘‘(B) upon completing the investigation, grant an exemption under section 41308(c) of SEC. 114. INCREASED PENALTIES FOR INTER- title 49, United States Code, to the extent issue a certification of the completion of the FERENCE WITH SECURITY PER- investigation to the person. necessary to effectuate such agreement, re- SONNEL. quest, modification, or cancellation, without ‘‘(2) SCOPE.—A background investigation of (a) IN GENERAL.—Chapter 465 of title 49, regard to the provisions of section 41309(b) or an alien or individual under this subsection United States Code, is amended by inserting (c) of that title. shall consist of the following: after section 46502 the following: (c) PUBLIC INTEREST REQUIREMENT.—The ‘‘(A) A determination of whether there is a ‘‘§ 46503. Interference with security screening Secretary may approve such an agreement, record of a criminal history for the alien or personnel request, modification, or cancellation if the individual and, if so, a review of the record. ‘‘An individual in an area within a com- Secretary determines that— ‘‘(B) A determination of the status of the (1) the State to which it relates has ex- alien under the immigration laws of the mercial service airport in the United States who, by assaulting or intimidating a Fed- traordinary air transportation needs and United States. concerns; and ‘‘(C) A determination of whether the alien eral, airport, or air carrier employee who has security duties within the airport, interferes (2) approval is in the public interest. or individual presents a national security (d) TERMINATION.—An approval under sub- with the performance of the duties of the risk to the United States. section (b) and an exemption under section employee or lessens the ability of the em- ‘‘(3) RECURRENT TRAINING.—The Attorney 41308(c) of title 49, United States Code, grant- ployee to perform those duties, shall be fined General shall develop expedited procedures ed under subsection (b) shall terminate on for requests that relate to recurrent training under title 18, imprisoned for not more than the earlier of the 2 following dates: of an alien or other individual for whom a 10 years, or both. If the individual used a (1) A date established by the Secretary in certification has previously been issued dangerous weapon in committing the as- the Secretary’s discretion. under paragraph (1). sault, intimidation, or interference, the indi- (2) October 1, 2002. ‘‘(c) SANCTIONS.—A person who violates vidual may be imprisoned for any term of (e) EXTENSION.—Notwithstanding sub- subsection (a) shall be subject to administra- years or life imprisonment.’’. section (d), if the Secretary determines that tive sanctions that the Secretary of Trans- (b) CONFORMING AMENDMENT.—The chapter it is in the public interest, the Secretary portation shall prescribe in regulations. The analysis for chapter 465 of such title is may extend the termination date under sub- sanctions may include suspension and rev- amended by inserting after the item relating section (d)(2) until a date no later than Octo- ocation of licenses and certificates issued to section 46502 the following: ber 1, 2003. under this part. ‘‘46503. Interference with security screening SEC. 117. AIRLINE COMPUTER RESERVATION SYS- ‘‘(d) COVERED TRAINING.—For the purposes personnel’’. TEMS. of subsection (a), training includes in-flight SEC. 115. SECURITY-RELATED STUDY BY FAA. (a) IN GENERAL.—In order to ensure that training, training in a simulator, and any Within 120 days after the date of enact- all airline computer reservation systems other form or aspect of training. ment of this Act, the Administrator of the maintained by United States air carriers are secure from unauthorized access by persons ‘‘(e) REPORTING REQUIREMENT.—Each per- Federal Aviation Administration shall trans- seeking information on reservations, pas- son subject to regulation under this part mit to the Senate Committee on Commerce, senger manifests, or other non-public infor- that provides training in the operation of Science, and Transportation and the House mation, the Secretary of Transportation any jet-propelled aircraft shall report to the of Representatives Committee on Transpor- shall require all such air carriers to utilize Secretary of Transportation, at such time tation and Infrastructure a report setting and in such manner as the Secretary may to the maximum extent practicable the best forth the Administrator’s findings and rec- technology available to secure their com- prescribe, the name, address, and such other ommendations on the following aviation se- information as the Secretary may require puter reservation system against such unau- curity-related issues: thorized access. concerning— (1) A requirement that individuals em- ‘‘(1) each alien to whom such training is (b) REPORT.—The Secretary shall transmit ployed at an airport with scheduled pas- an annual report to the Senate Committee provided; and senger service, and law enforcement per- on Commerce, Science, and Transportation ‘‘(2) every other individual to whom such sonnel at such an airport, be screened via and to the House of Representatives Com- training is provided as the Secretary may re- electronic identity verification or, until such mittee on Transportation and Infrastructure quire. verification is possible, have their identity on compliance by United States air carriers ‘‘(f) ALIEN DEFINED.—In this section, the verified by visual inspection. with the requirements of subsection (a). term ‘alien’ has the meaning given the term (2) The installation of switches in the in section 101(a)(3) of the Immigration and SEC. 118. SECURITY FUNDING. cabin for use by cabin crew to notify the (a) USER FEE FOR SECURITY SERVICES.— Nationality Act (8 U.S.C. 1101(a)(3)).’’. flight crew discreetly that there is a security (1) IN GENERAL.—Chapter 481 is amended by (b) CLERICAL AMENDMENT.—The table of breach in the cabin. sections at the beginning of such chapter is adding at the end thereof the following: (3) A requirement that air carriers and air- ‘‘§ 48114. User fee for security services charge amended by adding at the end the following ports revalidate all employee identification new item: ‘‘(a) IN GENERAL.—The Secretary of Trans- cards using hologram stickers, through card portation shall collect a user fee from air ‘‘44939. Training to operate jet-propelled air- re-issuance, or through electronic revalida- craft.’’. carriers. Amounts collected under this sec- tion. tion shall be treated as offsetting collections (c) INTERNATIONAL COOPERATION.—The Sec- (4) The updating of the common strategy to offset annual appropriations for the costs retary of Transportation, in consultation used by the Administration, law enforcement of providing aviation security services. with the Secretary of State, shall work with agencies, air carriers, and flight crews dur- ‘‘(b) AMOUNT OF FEE.—Air carriers shall the International Civil Aviation Organiza- ing hijackings to include measures to deal remit $2.50 for each passenger enplanement. tion and the civil aviation authorities of with suicidal hijackers and other extremely ‘‘(c) USE OF FEES.—A fee collected under other countries to improve international dangerous events not currently dealt with by this section shall be used solely for the costs aviation security through screening pro- the strategy. associated with providing aviation security grams for flight instruction candidates. (5) The use of technology that will permit services and may be used only to the extent SEC. 112. REPORT TO CONGRESS ON SECURITY. enhanced instant communications and infor- provided in advance in an appropriation Within 60 days after the date of enactment mation between airborne passenger aircraft law.’’. of this Act, the Attorney General and the and appropriate individuals or facilities on (2) CLERICAL AMENDMENT.—The table of Secretary of Transportation shall transmit a the ground. sections for chapter 481 is amended by adding report to the Senate Committee on Com- SEC. 116. AIR TRANSPORTATION ARRANGEMENTS at the end thereof the following: merce, Science, and Transportation and the IN CERTAIN STATES. ‘‘48114. User fee for security services’’. House of Representatives Committee on (a) IN GENERAL.—Notwithstanding any pro- (3) EFFECTIVE DATE.—The amendment Transportation and Infrastructure con- vision of section 41309(a) of title 49, United made by paragraph (1) shall apply with re- taining their joint recommendations on ad- States Code, to the contrary, air carriers spect to transportation beginning after the

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.013 pfrm02 PsN: H06PT1 H7760 CONGRESSIONAL RECORD — HOUSE November 6, 2001 date which is 180 days after the date of en- United States Code, for fiscal year 2003, the ‘‘(2) any disclosure made with reckless dis- actment of this Act. Secretary shall use, in lieu of passenger regard as to the truth or falsity of that dis- (b) SPECIFIC AUTHORIZATION OF APPROPRIA- boardings at an airport during the prior cal- closure. TIONS.— endar year, the greater of— ‘‘§ 44941. Sharing security risk information (1) IN GENERAL.—Part C of subtitle VII of (1) the number of passenger boardings at ‘‘The Attorney General, in consultation title 49, United States Code, is amended by that airport during 2000; or with the Deputy Secretary for Transpor- adding at the end the following: (2) the number of passenger boardings at tation Security and the Director of the Fed- ‘‘CHAPTER 483. AVIATION SECURITY that airport during 2001. eral Bureau of Investigation, shall establish FUNDING. (c) EXPEDITED PROCESSING OF SECURITY-RE- procedures for notifying the Administrator ‘‘Sec. LATED PFC REQUESTS.—The Administrator of of the Federal Aviation Administration, and ‘‘48301. Aviation security funding the Federal Aviation Administration shall, airport or airline security officers, of the ‘‘§ 48301. Aviation security funding to the extent feasible, expedite the proc- identity of persons known or suspected by ‘‘There are authorized to be appropriated essing and approval of passenger facility fee the Attorney General to pose a risk of air pi- for fiscal years 2002, 2003, and 2004, such sums requests under subchapter I of chapter 471 of racy or terrorism or a threat to airline or as may be necessary to carry out chapter 449 title 49, United States Code, for projects de- passenger safety.’’. and related aviation security activities scribed in section 47192(3)(J) of title 49, (b) REPORT.—Not later than 120 days after under this title.’’. United States Code. the date of enactment of this Act, the Attor- (2) CONFORMING AMENDMENT.—The subtitle SEC. 120. AUTHORIZATION OF FUNDS FOR REIM- ney General shall report to the Senate Com- analysis for subtitle VII of title 49, United BURSEMENT OF AIRPORTS FOR SE- mittee on Commerce, Science, and Transpor- CURITY MANDATES. States Code, is amended by inserting after tation, the House Committe on Transpor- (a) AUTHORIZATION OF APPROPRIATIONS.— the item relating to chapter 482 the fol- tation and Infrastructure, and the Judiciary There are authorized to be appropriated to lowing: Committees of the Senate and the House of the Secretary of Transportation such sums Representatives on the implementation of ‘‘483. Aviation Security Funding ...... 48301’’. as may be necessary for fiscal year 2002 to SEC. 119. INCREASED FUNDING FLEXIBILITY FOR the procedures required under section 44941 compensate airport operators for eligible se- of title 49, United States Code, as added by AVIATION SECURITY. curity costs. (a) LIMITED USE OF AIRPORT IMPROVEMENT this section. (b) REIMBURSABLE COSTS.—The Secretary PROGRAM FUNDS.— (c) CHAPTER ANALYSIS.—The chapter anal- may reimburse an airport operator (from ysis for chapter 449 of title 49, United States (1) BLANKET AUTHORITY.—Notwithstanding amounts made available for obligation under any provision of law to the contrary, includ- Code, is amended by inserting at the end the subsection (a)) for the direct costs incurred following: ing any provision of chapter 471 of title 49, by the airport operator in complying with ‘‘44940. Immunity for reporting suspicious ac- United States Code, or any rule, regulation, new, additional, or revised security require- tivities. or agreement thereunder, for fiscal year 2002 ments imposed on airport operators by the ‘‘44941. Sharing security risk information.’’. the Administrator of the Federal Aviation Federal Aviation Administration on or after Administration may permit an airport oper- September 11, 2001. SEC. 122. LESS-THAN-LETHAL WEAPONRY FOR FLIGHT DECK CREWS. ator to use amounts made available under (c) DOCUMENTATION OF COSTS; AUDIT.—The (a) NATIONAL INSTITUTE OF JUSTICE that chapter to defray additional direct secu- Secretary may not reimburse an airport op- STUDY.—The National Institute of Justice rity-related expenses imposed by law or rule erator under this section for any cost for shall assess the range of less-than-lethal after September 11, 2001, for which funds are which the airport operator does not dem- weaponry available for use by a flight deck not otherwise specifically appropriated or onstrate to the satisfaction of the Secretary, crewmember temporarily to incapacitate an made available under this or any other Act. using sworn financial statements or other individual who presents a clear and present (2) AIRPORT DEVELOPMENT FUNDS.—Section appropriate data, that— danger to the safety of the aircraft, its pas- 47102(3) of title 49, United States Code, is (1) the cost is eligible for reimbursement sengers, or individuals on the ground and re- amended by adding at the end the following: under subsection (b); and port its findings and recommendations to the ‘‘(J) after September 11, 2001, and before (2) the cost was incurred by the airport op- Secretary of Transportation within 90 days October 1, 2002, for fiscal year 2002, addi- erator. tional operational requirements, improve- after the date of enactment of this Act. The Inspector General of the Department of Section 44903 of title 49, United States ment of facilities, purchase and deployment Transportation and the Comptroller General of equipment, hiring, training, and providing Code, is amended by adding at the end the of the United States may audit such state- following: appropriate personnel, or an airport or any ments and may request any other informa- aviation operator at an airport, that the Sec- ‘‘(h) AUTHORITY TO ARM FLIGHT DECK CREW tion that necessary to conduct such an audit. WITH LESS-THAN-LETHAL WEAPONS.— retary determines will enhance and ensure (d) CLAIM PROCEDURE.—Within 30 days the security of passengers and other persons ‘‘(1) IN GENERAL.—If the Secretary, after after the date of enactment of this Act, the receiving the recommendations of the Na- involved in air travel.’’. Secretary, after consultation with airport (3) ALLOWABLE COSTS.—Section 47110(b)(2) tional Institute of Justice, determines, with operators, shall publish in the Federal Reg- the approval of the Attorney General and the of title 49, United States Code, is amended— ister the procedures for filing claims for re- (A) by striking ‘‘or’’ in subparagraph (B); Secretary of State, that it is appropriate and imbursement under this section of eligible necessary and would effectively serve the (B) by inserting ‘‘or’’ after ‘‘executed;’’ in costs incurred by airport operators. subparagraph (C); and public interest in avoiding air piracy, the SEC. 121. ENCOURAGING AIRLINE EMPLOYEES TO Secretary may authorize members of the (C) by adding at the end the following: REPORT SUSPICIOUS ACTIVITIES. ‘‘(D) if the cost is incurred after September flight deck crew on any aircraft providing (a) IN GENERAL.—Subchapter II of chapter 11, 2001, for a project described in section air transportation or intrastate air transpor- 449 of title 49, United States Code, is amend- tation to carry a less-than-lethal weapon 47102(3)(J), and shall not depend upon the ed by inserting at the end the following: date of execution of a grant agreement made while the aircraft is engaged in providing under this subchapter;’’. ‘‘§ 44940. Immunity for reporting suspicious such transportation. (4) DISCRETIONARY GRANTS.—Section 47115 activities ‘‘(2) USAGE.—If the Secretary grants au- of title 49, United States Code, is amended by ‘‘(a) IN GENERAL.—Any air carrier or for- thority under paragraph (1) for flight deck adding at the end the following: eign air carrier or any employee of an air crew members to carry a less-than-lethal ‘‘(i) CONSIDERATIONS FOR PROJECT UNDER carrier or foreign air carrier who makes a weapon while engaged in providing air trans- EXPANDED SECURITY ELIGIBILITY.—In order to voluntary disclosure of any suspicious trans- portation or intrastate air transportation, assure that funding under this subchapter is action relevant to a possible violation of law the Secretary shall— provided to the greatest needs, the Sec- or regulation, relating to air piracy, a threat ‘‘(A) prescribe rules requiring that any retary, in selecting a project described in to aircraft or passenger safety, or terrorism, such crew member be trained in the proper section 47102(3)(J) for a grant, shall consider as defined by section 3077 of title 18, United use of the weapon; and the nonfederal resources available to spon- States Code, to any employee or agent of the ‘‘(B) prescribe guidelines setting forth the sor, the use of such nonfederal resources, and Department of Transportation, the Depart- circumstances under which such weapons the degree to which the sponsor is providing ment of Justice, any Federal, State, or local may be used.’’. increased funding for the project.’’. law enforcement officer, or any airport or SEC. 123. MAIL AND FREIGHT WAIVERS. (5) FEDERAL SHARE.—Section 47109(a) of airline security officer shall not be civilly During a national emergency affecting air title 49, United States Code, is amended— liable to any person under any law or regula- transportation or intrastate air transpor- (A) by striking ‘‘and’’ in paragraph (3); tion of the United States, any constitution, tation, the Secretary of Transportation, (B) by striking ‘‘47134.’’ in paragraph (4) law, or regulation of any State or political after consultation with the Aviation Secu- and inserting ‘‘47134; and’’; and subdivision of any State, for such disclosure. rity Coordination Council, may grant a com- (C) by adding at the end the following: ‘‘(b) APPLICATION.—Subsection (a) shall not plete or partial waiver of any restrictions on ‘‘(5) for fiscal year 2002, 100 percent for a apply to— the carriage by aircraft of freight, mail, project described in section 47102(3)(J).’’. ‘‘(1) any disclosure made with actual emergency medical supplies, personnel, or (b) APPORTIONED FUNDS.—For the purpose knowledge that the disclosure was false, in- patients on aircraft, imposed by the Depart- of carrying out section 47114 of title 49, accurate, or misleading; or ment of Transportation (or other Federal

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.014 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7761 agency or department) that would permit pervision for all such pilots, which may in- goals and objectives for aviation security. such carriage of freight, mail, emergency clude training by private entities. The plan shall identify action steps nec- medical supplies, personnel, or patients on (C) The power granted to such persons essary to achieve such goals. flights, to, from, or within States with ex- shall be limited to enforcing Federal law in ‘‘(ii) In addition to meeting the require- traordinary air transportation needs or con- the cockpit of commercial aircraft and, ments of GPRA, the performance plan shall cerns if the Secretary determines that the under reasonable circumstances the pas- clarify the responsibilities of the Secretary, waiver is in the public interest, taking into senger compartment to protect the integrity the Deputy Secretary for Transportation Se- consideration the isolation of and depend- of the commercial aircraft and the lives of curity and any other agency or organization ence on air transportation of such States. the passengers. that may have a role in ensuring the safety The Secretary may impose reasonable limi- (D) The FAA shall make available appro- and security of the civil air transportation tations on any such waivers. priate training to any qualified pilot who re- system. SEC. 124. SAFETY AND SECURITY OF ON-BOARD quests such training pursuant to this title. ‘‘(iii) The performance plan shall be avail- SUPPLIES. (E) The FAA may prescribe regulations for able to the public. The Deputy Secretary for (a) IN GENERAL.—The Secretary of Trans- purposes of this section. Transportation Security may prepare a non- portation shall establish procedures to en- (d) REPORTS TO CONGRESS.—Not later than public appendix covering performance goals sure the safety and integrity of all supplies, six months after the date of the enactment and indicators that, if revealed to the public, including catering and passenger amenities, of this Act, and every six months thereafter, would likely impede achievement of those placed aboard aircraft providing passenger the Secretary of Transportation shall submit goals and indicators. air transportation or intrastate air transpor- to Congress a report on the effectiveness of ‘‘(B) PERFORMANCE REPORT.—(i) Each year, tation. the requirements in this section in facili- consistent with the requirements of GPRA, (b) MEASURES.—In carrying out subsection tating commercial aviation safety and the the Deputy Secretary for Transportation Se- (a), the Secretary may require— suppression of terrorism by commercial air- curity shall prepare and submit to Congress (1) security procedures for suppliers and craft. an annual report including an evaluation of their facilities; the extent goals and objectives were met. (2) the sealing of supplies to ensure easy SEC. 126. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY. The report shall include the results achieved visual detection of tampering; and Section 44703(g) of title 49, United States during the year relative to the goals estab- (3) the screening of personnel, vehicles, and Code, is amended— lished in the performance plan. supplies entering secured areas of the airport (1) in the first sentence of paragraph (1)— ‘‘(ii) The performance report shall be avail- or used in servicing aircraft. (A) by striking ‘‘pilots’’ and inserting ‘‘air- able to the public. The Deputy Secretary for SEC. 125. FLIGHT DECK SECURITY men’’; and Transportation Security may prepare a non- (a) SHORT TITLE.—This section may be (B) by striking the period and inserting public appendix covering performance goals cited as the ‘‘Flight Deck Security Act of ‘‘and related to combating acts of ter- and indicators that, if revealed to the public, 2001’’. rorism.’’; and would likely impede achievement of those (b) FINDINGS.—Congress makes the fol- lowing findings: (2) by adding at the end, the following new goals and indicators. (1) On September 11, 2001, terrorists hi- paragraphs: ‘‘§ 44943. Performance Management System ‘‘(3) For purposes of this section, the term jacked four civilian aircraft, crashing two of ‘‘(a) ESTABLISHING A FAIR AND EQUITABLE ‘acts of terrorism’ means an activity that in- the aircraft into the towers of the World SYSTEM FOR MEASURING STAFF PERFORM- volves a violent act or an act dangerous to Trade Center in New York, New York, and a ANCE.—The Deputy Secretary for Transpor- human life that is a violation of the criminal third into the Pentagon outside Washington, tation Security shall establish a perform- laws of the United States or of any State, or District of Columbia. ance management system which strengthens that would be a criminal violation if com- (2) Thousands of innocent Americans and the organization’s effectiveness by providing mitted within the jurisdiction of the United citizens of other countries were killed or in- for the establishment of goals and objectives States or of any State, and appears to be in- jured as a result of these attacks, including for managers, employees, and organizational tended to intimidate or coerce a civilian pop- the passengers and crew of the four aircraft, performance consistent with the perform- ulation to influence the policy of a govern- workers in the World Trade Center and in ance plan. ment by intimidation or coercion or to affect the Pentagon, rescue workers, and bystand- ‘‘(b) ESTABLISHING MANAGEMENT ACCOUNT- the conduct of a government by assassina- ers. ABILITY FOR MEETING PERFORMANCE GOALS.— tion or kidnaping. (1) Each year, the Secretary and Deputy Sec- (3) These attacks destroyed both towers of ‘‘(4) The Administrator is authorized and retary for Transportation Security shall the World Trade Center, as well as adjacent directed to work with State and local au- enter into an annual performance agreement buildings, and seriously damaged the Pen- thorities, and other Federal agencies, to as- that shall set forth organizational and indi- tagon. sist in the identification of individuals ap- vidual performance goals for the Deputy Sec- (4) These attacks were by far the deadliest plying for or holding airmen certificates.’’. retary. terrorist attacks ever launched against the ‘‘(2) Each year, the Deputy Secretary for United States and, by targeting symbols of SEC. 127. RESULTS-BASED MANAGEMENT. Subchapter II of chapter 449 of title 49, Transportation Security and each senior America, clearly were intended to intimidate manager who reports to the Deputy Sec- our Nation and weaken its resolve. United States Code, is amended by adding at the end the following: retary for Transportation Security shall (5) Armed pilots, co-pilots, and flight engi- enter into an annual performance agreement neers with proper training will be the last ‘‘§ 44942. Performance Goals and Objectives that sets forth organization and individual line of defense against terrorist by providing ‘‘(a) SHORT TERM TRANSITION.— goals for those managers. All other employ- cockpit security and aircraft security. ‘‘(1) IN GENERAL.—Within 60 days of enact- ees hired under the authority of the Deputy (6) Secured doors separating the flight ment, the Deputy Secretary for Transpor- Secretary for Transportation Security shall deck from the passenger cabin have been ef- tation Security shall, in consultation with enter into an annual performance agreement fective in deterring hijackings in other na- Congress— that sets forth organization and individual tions and will serve as a deterrent to future ‘‘(A) establish acceptable levels of perform- goals for those employees. contemplated acts of terrorism in the United ance for aviation security, including screen- ‘‘(c) COMPENSATION FOR THE DEPUTY SEC- States. ing operations and access control, and RETARY FOR TRANSPORTATION SECURITY.— (c) AVIATION SAFETY AND THE SUPPRESSION ‘‘(B) provide Congress with an action plan, ‘‘(1) IN GENERAL.—The Deputy Secretary OF TERRORISM BY COMMERCIAL AIRCRAFT.— containing measurable goals and milestones, for Transportation Security is authorized to (1) POSSESSION OF FIREARMS ON COMMERCIAL that outlines how those levels of perform- be paid at an annual rate of pay payable to FLIGHTS.—The Federal Aviation Administra- ance will be achieved. level II of the Executive Schedule. tion (FAA) is authorized to permit a pilot, ‘‘(2) BASICS OF ACTION PLAN.—The action ‘‘(2) BONUSES OR OTHER INCENTIVES.—In ad- co-pilot, or flight engineer of a commercial plan shall clarify the responsibilities of the dition, the Deputy Secretary for Transpor- aircraft who has successfully completed the Department of Transportation, the Federal tation Security may receive bonuses or other requirements of paragraph (2), or who is not Aviation Administration and any other incentives, based upon the Secretary’s eval- otherwise prohibited by law from possessing agency or organization that may have a role uation of the Deputy Secretary’s perform- a firearm, from possessing or carrying a fire- in ensuring the safety and security of the ance in relation to the goals set forth in the arm approved by the FAA for the protection civil air transportation system. agreement. Total compensation cannot ex- of the aircraft under procedures or regula- ‘‘(b) LONG-TERM RESULTS-BASED MANAGE- ceed the Secretary’s salary. tions as necessary to ensure the safety and MENT.— ‘‘(d) COMPENSATION FOR MANAGERS AND integrity of flight. ‘‘(1) PERFORMANCE PLAN AND REPORT.— OTHER EMPLOYEES.— (2) FEDERAL PILOT OFFICERS.—(A) In addi- ‘‘(A) PERFORMANCE PLAN.—(i) Each year, ‘‘(1) IN GENERAL.—A senior manager report- tion to the protections provided by para- consistent with the requirements of the Gov- ing directly to the Deputy Secretary for graph (1), the FAA shall also establish a vol- ernment Performance and Results Act of 1993 Transportation Security may be paid at an untary program to train and supervise com- (GPRA), the Secretary and the Deputy Sec- annual rate of basic pay of not more than mercial airline pilots. retary for Transportation Security shall the maximum rate of basic pay for the Sen- (B) Under the program, the FAA shall agree on a performance plan for the suc- ior Executive Service under section 5382 of make available appropriate training and su- ceeding 5 years that establishes measurable title 5, United States Code.

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‘‘(2) BONUSES OR OTHER INCENTIVES.—In ad- propriate airline personnel and otherwise re- (4) PROCEDURES FOR SEARCHES AND SCREEN- dition, senior managers can receive bonuses mains confidential. ING.—The Administrator shall develop proce- or other incentives based on the Deputy Sec- (4) CONSULTATION.—The Secretary shall dures for searches and screenings under the retary for Transportation Security’s evalua- consult with appropriate representatives of program under paragraph (1). Such proce- tion of their performance in relation to goals the commercial airline industry, and organi- dures may not be implemented until ap- in agreements. Total compensation cannot zations representing community-based law proved by the Secretary. exceed 125 percent of the maximum rate of enforcement, firefighters, and emergency (b) SECURITY FOR SMALLER AIRCRAFT.— base pay for the Senior Executive Service. medical technicians, in carrying out the pro- (1) PROGRAM REQUIRED.—Not later than one Further, the Deputy Secretary for Transpor- gram under paragraph (1), including the ac- year after the date of the enactment of this tation Security shall establish, within the tions taken under paragraph (3). Act, the Administrator shall commence im- performance management system, a program (b) PROTECTION FROM LIABILITY.— plementation of a program to provide secu- allowing for the payment of bonuses or other (1) IN GENERAL.—Subchapter II of chapter rity for all aircraft operations conducted incentives to other managers and employees. 449 of title 49, United States Code, is amend- with respect to any aircraft having a max- ed by adding at the end the following new Such a program shall provide for bonuses or imum certified takeoff weight of 12,500 section: other incentives based on their performance. pounds or less that is not operating as of the ‘‘(e) PERFORMANCE-BASED SERVICE CON- ‘‘§ 44944. Exemption of volunteers from liabil- date of the implementation of the program TRACTING.—To the extent contracts, if any, ity under security procedures prescribed by the are used to implement the Aviation Security ‘‘(a) IN GENERAL.—An individual shall not Administrator. The program shall address Act, the Deputy Secretary for Transpor- be liable for damages in any action brought security with respect to crew members, pas- tation Security shall, to the extent prac- in a Federal or State court that arises from sengers, baggage handlers, maintenance tical, maximize the use of performance-based an act or omission of the individual in pro- workers, and other individuals with access to service contracts. These contracts should be viding or attempting to provide assistance in aircraft covered by the program, and to bag- consistent with guidelines published by the the case of an inflight emergency in an air- gage. Office of Federal Procurement Policy.’’. craft of an air carrier if the individual meets (2) REPORT ON PROGRAM.—Not later than SEC. 128. USE OF FACILITIES. such qualifications as the Secretary shall 180 days after the date of the enactment of (a) EMPLOYOMENT REGISTER.—Notwith- prescribe for purposes of this section. this Act, the Secretary shall submit to the ‘‘(b) EXCEPTION.—The exemption under standing any other provision of law, the Sec- appropriate committees of Congress a report subsection (a) shall not apply in any case in retary of Transportation shall establish and containing a proposal for the program to be which an individual provides, or attempts to maintain an employment register. implemented under paragraph (1). (b) TRAINING FACILITY.—The Secretary of provide, assistance described in that para- (c) BACKGROUND CHECKS FOR ALIENS EN- Transportation may, where feasible, use the graph in a manner that constitutes gross GAGED IN CERTAIN TRANSACTIONS REGARDING existing Federal Aviation Administration’s negligence or willful misconduct.’’. AIRCRAFT.— training facilities, to design, develop, or con- (2) CLERICAL AMENDMENT.—The table of (1) REQUIREMENT.—Notwithstanding any duct training of security screening per- sections at the beginning of such chapter is other provision of law and subject to para- sonnel. amended by adding at the end the following new item: graph (2), no person or entity may sell, lease, SEC. 129. REPORT ON NATIONAL AIR SPACE RE- or charter any aircraft to an alien, or any STRICTIONS PUT IN PLACE AFTER ‘‘44944. Exemption of volunteers from liabil- TERRORIST ATTACKS THAT REMAIN ity.’’. other individual specified by the Secretary IN PLACE. (c) CONSTRUCTION REGARDING POSSESSION for purposes of this subsection, within the (a) REPORT.—Within 30 days of the enact- OF FIREARMS.—Nothing in this section may United States unless the Attorney General ment of this Act, the President shall submit be construed to require any modification of issues a certification of the completion of a to the committees of Congress specified in regulations of the Department of Transpor- background investigation of the alien, or subsection (b) a report containing— tation governing the possession of firearms other individual, as the case may be, that (1) a description of each restriction, if any, while in aircraft or air transportation facili- meets the requirements of section 44939(b) of on the use of national airspace put in place ties or to authorize the possession of a fire- title 49, United States Code, as added by sec- as a result of the September 11, 2001, ter- arm in an aircraft or any such facility not tion 111 of this title. rorist attacks that remains in place as of the authorized under those regulations. (2) EXPIRATION.—The prohibition in para- date of the enactment of this Act; and SEC. 131. ENHANCED SECURITY FOR AIRCRAFT. graph (1) shall expire as follows: (2) a justification for such restriction re- (a) SECURITY FOR LARGER AIRCRAFT.— (A) In the case of an aircraft having a max- maining in place. (1) PROGRAM REQUIRED.—Not later than 90 imum certified takeoff weight of more than (b) COMMITTEES OF CONGRESS.—The com- days after the date of the enactment of this 12,500 pounds, upon implementation of the mittees of Congress specified in this sub- Act, the Administrator of the Federal Avia- program required by subsection (a). section are the following: tion Administration shall commence imple- (B) In the case of an aircraft having a max- (1) The Select Committee on Intelligence mentation of a program to provide security imum certified takeoff weight of 12,500 of the Senate. screening for all aircraft operations con- pounds or less, upon implementation of the (2) The Permanent Select Committee on ducted with respect to any aircraft having a program required by subsection (b). Intelligence of the House of Representatives. maximum certified takeoff weight of more (3) ALIEN DEFINED.—In this subsection, the (3) The Committee on Commerce, Science, than 12,500 pounds that is not operating as of term ‘‘alien’’ has the meaning given that and Transportation of the Senate. the date of the implementation of the pro- term in section 44939(f) of title 49, United (4) The Committee on Transportation and gram under security procedures prescribed States Code, as so added. Infrastructure of the House of Representa- by the Administrator. (d) APPROPRIATE COMMITTEES OF CONGRESS tives. (2) WAIVER.— DEFINED.—In this section, the term ‘‘appro- SEC. 130. VOLUNTARY PROVISION OF EMER- (A) AUTHORITY TO WAIVE.—The Adminis- priate committees of Congress’’ means— GENCY SERVICES DURING COMMER- trator may waive the applicability of the (1) the Committee on Commerce, Science, CIAL FLIGHTS. program under this section with respect to and Transportation of the Senate; and (a) PROGRAM FOR PROVISION OF VOLUNTARY any aircraft or class of aircraft otherwise de- (2) the Committee on Commerce of the SERVICES.— scribed by this section if the Administrator House of Representatives. (1) PROGRAM.—The Secretary of Transpor- determines that aircraft described in this tation shall carry out a program to permit section can be operated safely without the SEC. 132. IMPLEMENTATION OF CERTAIN DETEC- qualified law enforcement officers, fire- applicability of the program to such aircraft TION TECHNOLOGIES. fighters, and emergency medical technicians or class of aircraft, as the case may be. (a) IN GENERAL.—Not later than September to provide emergency services on commer- (B) LIMITATIONS.—A waiver under subpara- 30, 2002, the Assistant Administrator for cial air flights during emergencies. graph (A) may not go into effect— Civil Aviation Security shall review and (2) REQUIREMENTS.—The Secretary shall es- (i) unless approved by the Secretary of make a determination on the feasibility of tablish such requirements for qualifications Transportation; and implementing technologies described in sub- of providers of voluntary services under the (ii) until 10 days after the date on which section (b). program under paragraph (1), including notice of the waiver has been submitted to (b) TECHNOLOGIES DESCRIBED.—The tech- training requirements, as the Secretary con- the appropriate committees of Congress. nologies described in this subsection are siders appropriate. (3) PROGRAM ELEMENTS.—The program technologies that are— (3) CONFIDENTIALITY OF REGISTRY.—If as under paragraph (1) shall require the fol- (1) designed to protect passengers, aviation part of the program under paragraph (1) the lowing: employees, air cargo, airport facilities, and Secretary requires or permits registration of (A) The search of any aircraft covered by airplanes; and law enforcement officers, firefighters, or the program before takeoff. (2) material specific and able to automati- emergency medical technicians who are will- (B) The screening of all crew members, pas- cally and non-intrusively detect, without ing to provide emergency services on com- sengers, and other persons boarding any air- human interpretation and without regard to mercial flights during emergencies, the Sec- craft covered by the program, and their prop- shape or method of concealment, explosives, retary shall take appropriate actions to en- erty to be brought on board such aircraft, be- illegal narcotics, hazardous chemical agents, sure that the registry is available only to ap- fore boarding. and nuclear devices.

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REPORT ON NEW RESPONSIBILITIES OF Committee on Transportation and Infra- States airports, including San Francisco THE DEPARTMENT OF JUSTICE FOR structure of the House of Representatives, International; AVIATION SECURITY. the Government Accounting Office, and the ‘‘(B) review the effectiveness of increased Not later than 120 days after the date of Inspector General of the Department of surveillance at access points; enactment of this Act, the Attorney General Transportation, regarding the goals and ‘‘(C) review the effectiveness of card- or shall report to the House Committee on the progress the Administration is making in keypad-based access systems; Judiciary, the Senate Committee on the Ju- achieving those goals described in paragraph ‘‘(D) review the effectiveness of airport diciary, the House Committee on Transpor- (1). emergency exit systems and determine tation and Infrastructure, and the Senate (3) AIRPORT DEVELOPMENT.—Section whether those that lead to secure areas of Committee on Commerce, Science, and 47102(3)(B) of title 49, United States Code, is the airport should be monitored or how Transportation on the new responsibilities of amended— breaches can be swiftly responded to; and the Department of Justice for aviation secu- (A) by striking ‘‘and’’ at the end of clause ‘‘(E) specifically target the elimination of rity under this title. (viii); the ‘‘piggy-backing’’ phenomenon, where an- SEC. 134. DEFINITIONS. (B) by striking the period at the end of other person follows an authorized person Except as otherwise explicitly provided, clause (ix) and inserting ‘‘; and’’; and through the access point. any term used in this title that is defined in (C) by inserting after clause (ix) the fol- The 6-month assessment shall include a 12- section 40102 of title 49, United States Code, lowing new clause: month deployment strategy for currently has the meaning given that term in that sec- ‘‘(x) replacement of baggage conveyor sys- available technology at all category X air- tion. tems, and reconfiguration of terminal lug- ports, as defined in the Federal Aviation Ad- TITLE II—DEPLOYMENT AND USE OF gage areas, that the Secretary determines ministration approved air carrier security SECURITY TECHNOLOGIES are necessary to install bulk explosive detec- programs required under part 108 of title 14, Subtitle A—Expanded Deployment and Utili- tion devices.’’. Code of Federal Regulations. Not later than zation of Current Security Technologies (c) BAG MATCHING SYSTEM.—The Adminis- 18 months after the date of enactment of this and Procedures trator of the Federal Aviation Administra- Act, the Secretary of Transportation shall tion shall require air carriers to improve the SEC. 201. EXPANDED DEPLOYMENT AND UTILIZA- conduct a review of reductions in unauthor- TION OF CURRENT SECURITY TECH- passenger bag matching system. Not later ized access at these airports. NOLOGIES AND PROCEDURES. than 60 days after the date of enactment of ‘‘(2) 90-DAY REVIEW.— (a) IN GENERAL.—The Administrator of the this Act, the Administrator shall establish ‘‘(A) IN GENERAL.—The Deputy Secretary Federal Aviation Administration shall re- goals for upgrading the Passenger Bag for Transportation Security, as part of the quire that employment investigations, in- Matching System, including interim meas- Aviation Security Coordination Council, cluding criminal history record checks, for ures to match a higher percentage of bags shall conduct a 90-day review of— all individuals described in section 44936(a)(1) until Explosives Detection Systems are used ‘‘(i) currently available or short-term of title 49, United States Code, who are exist- to scan 100 percent of checked baggage. The deployable upgrades to the Computer-As- ing employees, at airports regularly serving Administrator shall report, on a confidential sisted Passenger Prescreening System an air carrier holding a certificate issued by basis, to the Committee on Commerce, (CAPPS); and the Secretary of Transportation, should be Science, and Transportation of the Senate ‘‘(ii) deployable upgrades to the coordi- completed within 9 months unless such indi- and the Committee on Transportation and nated distribution of information regarding viduals have had such investigations and Infrastructure of the House of Representa- persons listed on the ‘‘watch list’’ for any checks within 5 years of the date of enact- tives, the Government Accounting Office, Federal law enforcement agencies who could ment of this Act. The Administrator shall and the Inspector General of the Department present an aviation security threat. devise an alternative method for background of Transportation, regarding the goals and ‘‘(B) DEPLOYMENT OF UPGRADES.—The Dep- checks for a person applying for any airport the progress made in achieving those goals uty Secretary for Transportation Security security position who has lived in the United within 12 months after the date of enactment shall commence deployment of recommended States less than 5 years and shall have such of this Act. short-term upgrades to CAPPS and to the alternative background check in place as (d) COMPUTER-ASSISTED PASSENGER coordinated distribution of ‘‘watch list’’ in- soon as possible. The Administrator shall PRESCREENING.— formation within 6 months after the date of work with the International Civil Aviation (1) IN GENERAL.—The Administrator of the enactment of this Act. Within 18 months Organization and with appropriate authori- Federal Aviation Administration shall re- after the date of enactment of this Act, the ties of foreign governments in devising such quire air carriers to expand the application Deputy Secretary for Transportation Secu- alternative method. of the current Computer-Assisted Passenger rity shall report to the Committee on Com- (b) EXPLOSIVE DETECTION.— Prescreening System (CAPPS) to all pas- merce, Science, and Transportation of the (1) IN GENERAL.—The Administrator of the sengers, regardless of baggage. Passengers Senate and to the Committee on Transpor- Federal Aviation Administration shall de- selected under this system shall be subject tation and Infrastructure of the House of ploy and oversee the usage of existing bulk to additional security measures, including Representatives, the Government Account- explosives detection technology already at checks of carry-on baggage and person, be- ing Office, and the Inspector General of the airports for checked baggage. Not later than fore boarding. Department of Transportation, on progress 60 days after the date of enactment of this (2) REPORT.—The Administrator shall re- being made in deploying recommended up- Act, the Administrator shall establish con- port back to the Committee on Commerce, grades. fidential goals for— Science, and Transportation of the Senate ‘‘(3) STUDY.—The Deputy Secretary for (A) deploying by a specific date all existing and to the Committee on Transportation and Transportation Security shall conduct a bulk explosives detection scanners purchased Infrastructure of the House of Representa- study of options for improving positive iden- but not yet deployed by the Federal Aviation tives within 3 months of the date of enact- tification of passengers at check-in counters Administration; ment of this Act on the implementation of and boarding areas, including the use of bio- (B) a specific percentage of checked bag- the expanded CAPPS system. metrics and ‘‘smart’’ cards. Within 6 months gage to be scanned by bulk explosives detec- Subtitle B—Short-Term Assessment and De- after the date of enactment of this Act, the tion machines within 6 months, and annual ployment of Emerging Security Tech- Deputy Secretary shall report to the Com- goals thereafter with an eventual goal of nologies and Procedures mittee on Commerce, Science, and Transpor- scanning 100 percent of checked baggage; and SEC. 211. SHORT-TERM ASSESSMENT AND DE- tation of the Senate and to the Committee (C) the number of new bulk explosives de- PLOYMENT OF EMERGING SECURITY on Transportation and Infrastructure of the tection machines that will be purchased by TECHNOLOGIES AND PROCEDURES. House of Representatives on the feasibility the Federal Aviation Administration for de- Section 44903 of title 49, United States and costs of implementing each identifica- ployment at the Federal Aviation Adminis- Code, is amended by adding at the end the tion method and a schedule for requiring air tration-identified midsized airports within 6 following: carriers to deploy identification methods de- months. ‘‘(i) SHORT-TERM ASSESSMENT AND DEPLOY- termined to be effective.’’. (2) USE OF FUNDS.—For purposes of car- MENT OF EMERGING SECURITY TECHNOLOGIES Subtitle C—Research and Development of rying out this subtitle, airport operators AND PROCEDURES.— Aviation Security Technology may use funds available under the Airport ‘‘(1) IN GENERAL.—The Deputy Secretary Improvement Program described in chapter for Transportation Security shall rec- SEC. 221. RESEARCH AND DEVELOPMENT OF 471 of title 49, United States Code, to recon- ommend to airport operators, within 6 AVIATION SECURITY TECHNOLOGY. figure airport baggage handling areas to ac- months after the date of enactment of this (a) FUNDING.—To augment the programs commodate the equipment described in para- Act, commercially available measures or authorized in section 44912(a)(1) of title 49, graph (1), if necessary. Not later than 12 procedures to prevent access to secure air- United States Code, there is authorized to be months after the date of enactment of this port areas by unauthorized persons. As part appropriated an additional $50,000,000 for Act, and annually thereafter, the Adminis- of the 6-month assessment, the Deputy Sec- each of fiscal years 2002 through 2006 and trator shall report, on a confidential basis, retary for Transportation Security shall— such sums as are necessary for each fiscal to the Committee on Commerce, Science, ‘‘(A) review the effectiveness of biometrics year thereafter to the Federal Aviation Ad- and Transportation of the Senate and the systems currently in use at several United ministration, for research, development,

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.014 pfrm02 PsN: H06PT1 H7764 CONGRESSIONAL RECORD — HOUSE November 6, 2001 testing, and evaluation of the following tech- enforcement entities, and other appropriate ‘‘§ 114. Transportation Security Administra- nologies which may enhance aviation secu- parties; tion rity in the future. Grants to industry, aca- (3) advances in biometrics for identifica- demia, and Government entities to carry out tion and threat assessment; or ‘‘(a) IN GENERAL.—The Transportation Se- the provisions of this section shall be avail- (4) other technologies for preventing acts curity Administration shall be an adminis- able for fiscal years 2002 and 2003 for— of terrorism in aviation. tration of the Department of Transportation. (1) the acceleration of research, develop- MOTION OFFERED BY MR. YOUNG OF ALASKA ‘‘(b) UNDER SECRETARY.— ment, testing, and evaluation of explosives Mr. YOUNG of Alaska. Mr. Speaker, I ‘‘(1) APPOINTMENT.—The head of the Ad- detection technology for checked baggage, ministration shall be the Under Secretary of specifically, technology that is— offer a motion. The Clerk read as follows: Transportation for Security. The Under Sec- (A) more cost-effective for deployment for retary shall be appointed by the President, explosives detection in checked baggage at Mr. YOUNG of Alaska moves to strike all by and with the advice and consent of the small- to medium-sized airports, and is cur- after the enacting clause of the Senate bill, Senate. rently under development as part of the S. 1447, and insert in lieu thereof the text of ‘‘(2) QUALIFICATIONS.—The Under Secretary Argus research program at the Federal Avia- H.R. 3150 as passed by the House, as follows: must— tion Administration; H.R. 3150 ‘‘(A) be a citizen of the United States; and (B) faster, to facilitate screening of all ‘‘(B) have experience in a field directly re- checked baggage at larger airports; or Be it enacted by the Senate and House of Rep- lated to transportation or security. (C) more accurate, to reduce the number of resentatives of the United States of America in ‘‘(3) TERM.—The term of office of an indi- false positives requiring additional security Congress assembled, vidual appointed as the Under Secretary measures; SECTION 1. SHORT TITLE; AMENDMENTS TO (2) acceleration of research, development, TITLE 49, UNITED STATES CODE; shall be 5 years. TABLE OF CONTENTS. testing, and evaluation of new screening ‘‘(c) LIMITATION ON PECUNIARY INTERESTS.— (a) SHORT TITLE.—This Act may be cited as technology for carry-on items to provide The Under Secretary may not have a pecu- the ‘‘Airport Security Federalization Act of more effective means of detecting and identi- niary interest in, or own stock in or bonds fying weapons, explosives, and components 2001’’. (b) AMENDMENTS TO TITLE 49, UNITED of, a transportation or security enterprise, of weapons of mass destruction, including or an enterprise that makes equipment that advanced x-ray technology; STATES CODE.—Except as otherwise specifi- could be used for security purposes. (3) acceleration of research, development, cally provided, whenever in this Act an testing, and evaluation of threat screening amendment or repeal is expressed in terms of ‘‘(d) FUNCTIONS.— technology for other categories of items an amendment to, or repeal of, a section or ‘‘(1) IN GENERAL.—The Under Secretary being loaded onto aircraft, including cargo, other provision of law, the reference shall be shall be responsible for security in all modes catering, and duty-free items; considered to be made to a section or other of transportation, including— (4) acceleration of research, development, provision of title 49, United States Code. ‘‘(A) carrying out chapter 449 relating to testing, and evaluation of threats carried on (c) TABLE OF CONTENTS.—The table of con- civil aviation security; and persons boarding aircraft or entering secure tents for this Act is as follows: ‘‘(B) security responsibilities over nonavia- areas, including detection of weapons, explo- Sec. 1. Short title; amendments to title 49, tion modes of transportation that are exer- sives, and components of weapons of mass United States Code; table of cised by Administrations of the Department destruction; contents. of Transportation (other than the Federal (5) acceleration of research, development, TITLE I—AVIATION SECURITY Aviation Administration). testing and evaluation of integrated systems Sec. 101. Transportation Security Adminis- ‘‘(2) SCHEDULE FOR ASSUMPTION OF CIVIL of airport security enhancement, including tration. AVIATION SECURITY FUNCTIONS.—Not later quantitative methods of assessing security Sec. 102. Screening of passengers and prop- than 3 months after the date of enactment of factors at airports selected for testing such erty. this section, the Under Secretary shall as- systems; Sec. 103. Security programs. sume civil aviation security functions and (6) expansion of the existing program of re- Sec. 104. Employment standards and train- responsibilities under chapter 449 in accord- search, development, testing, and evaluation ing. ance with a schedule to be developed by the of improved methods of education, training, Sec. 105. Deployment of Federal air mar- Secretary of Transportation, in consultation and testing of key airport security per- shals. with air carriers, foreign air carriers, and sonnel; and Sec. 106. Enhanced security measures. the Administrator of the Federal Aviation (7) acceleration of research, development, Sec. 107. Criminal history record check for Administration. The Under Secretary shall testing, and evaluation of aircraft hardening screeners and others. publish an appropriate notice of the transfer materials, and techniques to reduce the vul- Sec. 108. Passenger and baggage screening of such security functions and responsibil- nerability of aircraft to terrorist attack. fee. ities before assuming the functions and re- (b) GRANTS.—Grants awarded under this sponsibilities. subtitle shall identify potential outcomes of Sec. 109. Authorizations of appropriations. Sec. 110. Limitation on liability for acts to ‘‘(3) ASSIGNMENT OF CONTRACTS.—Upon re- the research, and propose a method for quan- quest of the Under Secretary, an air carrier titatively assessing effective increases in se- thwart criminal violence or air- or foreign air carrier carrying out a screen- curity upon completion of the research pro- craft piracy. ing or security function under chapter 449 gram. At the conclusion of each grant, the Sec. 111. Passenger manifests. may enter into an agreement with the Under grant recipient shall submit a final report to Sec. 112. Transportation security oversight Secretary to transfer any contract the car- the Federal Aviation Administration that board. shall include sufficient information to per- Sec. 113. Airport improvement programs. rier has entered into with respect to car- mit the Administrator to prepare a cost-ben- Sec. 114. Technical corrections. rying out such function, before the Under efit analysis of potential improvements to Sec. 115. Alcohol and controlled substance Secretary assumes responsibility of such airport security based upon deployment of testing. function. Sec. 116. Conforming amendments to sub- the proposed technology. The Administrator ‘‘(e) ADDITIONAL DUTIES AND POWERS.—In title VII. shall begin awarding grants under this sub- addition to carrying out the functions speci- Sec. 117. Savings provision. title within 90 days of the date of enactment fied in subsection (d), the Under Secretary of this Act. Sec. 118. Budget submissions. shall— (c) BUDGET SUBMISSION.—A budget submis- Sec. 119. Aircraft operations in enhanced sion and detailed strategy for deploying the class B airspace. ‘‘(1) receive, assess, and distribute intel- identified security upgrades recommended Sec. 120. Waivers for certain isolated com- ligence information related to transpor- upon completion of the grants awarded under munities. tation security; subsection (b), shall be submitted to Con- Sec. 121. Assessments of threats to airports. ‘‘(2) assess threats to transportation; gress as part of the Department of Transpor- Sec. 122. Requirement to honor passenger ‘‘(3) develop policies, strategies, and plans tation’s annual budget submission. tickets of other carriers. for dealing with threats to transportation se- (d) DEFENSE RESEARCH.—There is author- Sec. 123. Sense of Congress on certain avia- curity; ized to be appropriated $20,000,000 to the Fed- tion matters. ‘‘(4) make other plans related to transpor- eral Aviation Administration to issue re- TITLE II—VICTIMS COMPENSATION tation security, including coordinating coun- search grants in conjunction with the De- termeasures with appropriate departments, Sec. 201. Limitation on liability for damages fense Advanced Research Projects Agency. agencies, and instrumentalities of the United arising out of crashes of Sep- Grants may be awarded under this section States Government; tember 11, 2001. for— ‘‘(5) serve as the primary liaison for trans- (1) research and development of longer- TITLE I—AVIATION SECURITY portation security to the intelligence and term improvements to airport security, in- SEC. 101. TRANSPORTATION SECURITY ADMINIS- law enforcement communities; cluding advanced weapons detection; TRATION. ‘‘(6) supervise all airport security and (2) secure networking and sharing of threat (a) IN GENERAL.—Chapter 1 is amended by screening services using Federal uniformed information between Federal agencies, law adding at the end the following: personnel;

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.014 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7765 ‘‘(7) on a day-to-day basis, manage and pro- opportunity for comment and without prior (1) in section 44904(b)(5) by striking ‘‘the vide operational guidance to the field secu- approval of the Secretary. Administration’’ and inserting ‘‘the Trans- rity resources of the Administration, includ- ‘‘(B) REVIEW BY TRANSPORTATION SECURITY portation Security Administration’’; ing Federal Security Managers as provided OVERSIGHT BOARD.—Any regulation or secu- (2) in the second sentence of section by section 44933; rity directive issued under this paragraph 44913(a)(1) by striking ‘‘of the Administra- ‘‘(8) enforce security-related regulations shall be subject to disapproval by the Trans- tion’’ and inserting ‘‘of the Transportation and requirements; portation Security Oversight Board estab- Security Administration’’; ‘‘(9) identify and undertake research and lished under section 44951. Any regulation or (3) in section 44916(a)— development activities necessary to enhance security directive issued under this para- (A) in the first sentence by striking ‘‘Ad- transportation security; graph shall remain effective until dis- ministrator’’ and inserting ‘‘Under Secretary ‘‘(10) inspect, maintain, and test security approved by the Board or rescinded by the of Transportation for Security’’; and facilities, equipment, and systems; Under Secretary. (B) in the second sentence by striking ‘‘Ad- ‘‘(11) ensure the adequacy of security meas- ‘‘(i) PERSONNEL AND SERVICES; COOPERA- ministration’’ and inserting ‘‘Transportation ures for the transportation of cargo; TION BY UNDER SECRETARY.— Security Administration’’; ‘‘(12) oversee the implementation, and en- ‘‘(1) AUTHORITY OF UNDER SECRETARY.—In (4) in each of sections 44933(a) and 44934(b) sure the adequacy, of security measures at carrying out the functions of the Adminis- by striking ‘‘Assistant Administrator for airports and other transportation facilities; tration, the Under Secretary shall have the Civil Aviation Security’’ and inserting ‘‘(13) perform background checks for air- same authority as is provided to the Admin- ‘‘Under Secretary’’; port security screening personnel, individ- istrator of the Federal Aviation Administra- (5) in section 44934(b)(1) by striking ‘‘As- uals with unescorted access to secure areas tion under subsections (l) and (m) of section sistant Administrator’’ and inserting ‘‘Under of airports, and other transportation secu- 106. Secretary’’; rity personnel; ‘‘(2) AUTHORITY OF AGENCY HEADS.—The (6) by striking sections 44931 and 44932 and ‘‘(14) develop standards for the hiring and head of a Federal agency shall have the same the items relating to such sections in the retention of security screening personnel; authority to provide services, supplies, analysis for such chapter; ‘‘(15) train and test security screening per- equipment, personnel, and facilities to the (7) by striking ‘‘Administrator’’ each place sonnel; and Under Secretary as the head has to provide it appears in such chapter (except in sub- ‘‘(16) carry out such other duties, and exer- services, supplies, equipment, personnel, and sections (f) and (h) of section 44936) and in- cise such other powers, relating to transpor- facilities to the Administrator of the Federal serting ‘‘Under Secretary’’; tation security as the Under Secretary con- Aviation Administration under section (8) by striking ‘‘Administrator’s’’ each siders appropriate, to the extent authorized 106(m). place it appears in such chapter and insert- by law. ‘‘(j) PERSONNEL MANAGEMENT SYSTEM.— ing ‘‘Under Secretary’s’’; and ‘‘(f) ACQUISITIONS.— The personnel management system estab- (9) by striking ‘‘of the Federal Aviation ‘‘(1) IN GENERAL.—The Under Secretary is lished by the Administrator of the Federal Administration’’ each place it appears in authorized— Aviation Administration under section 40122 such chapter (except in section 44936(f)) and ‘‘(A) to acquire (by purchase, lease, con- shall apply to employees of the Transpor- inserting ‘‘of Transportation for Security’’. demnation, or otherwise) such real property, tation Security Administration, except that SEC. 102. SCREENING OF PASSENGERS AND or any interest therein, within and outside subject to the requirements of such section, PROPERTY. the continental United States, as the Under the Under Secretary may make such modi- Section 44901 of such title is amended— Secretary considers necessary; fications to the personnel management sys- (1) in subsection (a)— ‘‘(B) to acquire (by purchase, lease, con- tem with respect to such employees as the (A) by striking ‘‘a cabin of’’; and demnation, or otherwise) and to construct, Under Secretary considers appropriate. (B) by striking ‘‘a weapon-detecting’’ and repair, operate, and maintain such personal ‘‘(k) ACQUISITION MANAGEMENT SYSTEM.— all that follows through the period at the property (including office space and patents), The acquisition management system estab- end of the second sentence and inserting or any interest therein, within and outside lished by the Administrator of the Federal ‘‘persons and procedures acceptable to the the continental United States, as the Under Aviation Administration under section 40110 Under Secretary (or the Administrator be- Secretary considers necessary; shall apply to acquisitions of equipment and fore responsibilities under this subsection ‘‘(C) to lease to others such real and per- materials by the Transportation Security are assumed by the Under Secretary).’’; and sonal property and to provide by contract or Administration, except that subject to the (2) by adding at the end the following: otherwise for necessary facilities for the wel- requirements of such section, the Under Sec- ‘‘(d) ASSUMPTION OF SCREENING FUNCTION fare of its employees and to acquire main- retary may make such modifications to the BY UNDER SECRETARY.— tain and operate equipment for these facili- acquisition management system with re- ‘‘(1) IN GENERAL.—The responsibility for ties; spect to such acquisitions of equipment and the screening of passengers and property on ‘‘(D) to acquire (by purchase, lease, con- materials as the Under Secretary considers passenger aircraft in air transportation that demnation, or otherwise) and to construct, appropriate. originates in the United States or intrastate repair, operate, and maintain research and ‘‘(l) AUTHORITY OF INSPECTOR GENERAL.— air transportation that, on the date of enact- testing sites and facilities; and The Transportation Security Administration ment of this subsection, was performed by an ‘‘(E) in cooperation with the Administrator shall be subject to the Inspector General Act employee or agent of an air carrier, intra- of the Federal Aviation Administration, to of 1978 (5 U.S.C. App.) and other laws relating state air carrier, or foreign air carrier shall utilize the research and development facili- to the authority of the Inspector General of be assumed by the Under Secretary. ties of the Federal Aviation Administration the Department of Transportation.’’. ‘‘(2) ADDITIONAL SCREENING AUTHORITY.— located in Atlantic City, New Jersey. (b) CONFORMING AMENDMENT.—The analysis The Under Secretary may perform any such ‘‘(2) TITLE.—Title to any property or inter- for chapter 1 is amended by adding at the additional screening of passengers and prop- est therein acquired pursuant to this sub- end the following: erty on passenger aircraft in air transpor- section shall be held by the Government of tation that originates in the United States ‘‘114. Transportation Security Administra- the United States. or intrastate air transportation that the tion.’’. ‘‘(g) TRANSFERS OF FUNDS.—The Under Sec- Under Secretary deems necessary to enhance (c) POSITION OF UNDER SECRETARY IN EXEC- retary is authorized to accept transfers of aviation security. UTIVE SCHEDULE.—Section 5313 of title 5, unobligated balances and unexpended bal- ‘‘(e) SUPERVISION OF SCREENING.—All ances of funds appropriated to other Federal United States Code, is amended by adding at screening of passengers and property at air- agencies (as such term is defined in section the end the following: ports under this section shall be supervised 551(1) of title 5) to carry out functions trans- ‘‘The Under Secretary of Transportation by uniformed Federal personnel of the Trans- ferred, on or after the date of enactment of for Security’’. portation Security Administration who shall this section, by law to the Under Secretary. (d) PERSONNEL OF OTHER AGENCIES.—The have the power to order the dismissal of any ‘‘(h) REGULATIONS.— last sentence of section 106(m) is amended by individual performing such screening. ‘‘(1) IN GENERAL.—The Under Secretary is inserting ‘‘personnel and’’ before ‘‘supplies ‘‘(f) LIMITATION ON RIGHT TO STRIKE.—An authorized to issue, rescind, and revise such and equipment’’. individual that screens passengers or prop- regulations as are necessary to carry out the (e) SECURITY AND RESEARCH AND DEVELOP- erty, or both, at an airport under this sec- functions of the Administration. MENT ACTIVITIES.—Section 40119 is amend- tion may not participate in a strike, or as- ‘‘(2) EMERGENCY PROCEDURES.— ed— sert the right to strike, against the person ‘‘(A) IN GENERAL.—Notwithstanding any (1) in subsection (a) by striking ‘‘Adminis- (including a governmental entity) employing other provision of law or executive order (in- trator of the Federal Aviation Administra- such individual to perform such screening. cluding an executive order requiring a cost- tion’’ and inserting ‘‘Under Secretary of ‘‘(g) DEPUTIZATION OF AIRPORT SCREENING benefit analysis) if the Under Secretary de- Transportation for Security’’; and PERSONNEL.—The Under Secretary shall dep- termines that a regulation or security direc- (2) in subsections (b) and (c) by striking utize, for enforcement of such Federal laws tive must be issued immediately in order to ‘‘Administrator’’ each place it appears and as the Under Secretary determines appro- protect transportation security, the Under inserting ‘‘Under Secretary’’. priate, all airport screening personnel as Secretary shall issue the regulation or secu- (f) REFERENCES TO FAA IN CHAPTER 449.— Federal transportation security agents and rity directive without providing notice or an Chapter 449 is amended— shall ensure that such agents operate under

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.015 pfrm02 PsN: H06PT1 H7766 CONGRESSIONAL RECORD — HOUSE November 6, 2001 common standards and common uniform, in- an operational test related to that function persons undergoing screening or submitting signia, and badges. The authority to arrest until the individual has successfully com- cargo for screening; and an individual may be exercised only by su- pleted remedial training. (D) write incident reports and statements pervisory personnel who are sworn, full-time ‘‘(h) UNIFORMS.—The Under Secretary shall and log entries into security records in the law enforcement officers.’’. require any individual who screens pas- English language. SEC. 103. SECURITY PROGRAMS. sengers and property pursuant section 44901 SEC. 105. DEPLOYMENT OF FEDERAL AIR MAR- Section 44903(c) is amended— to be attired in a uniform, approved by the SHALS. (1) in the first sentence of paragraph (1)— Under Secretary, while on duty.’’. (a) IN GENERAL.—Subchapter I of chapter (d) INTERIM EMPLOYMENT STANDARDS FOR (A) by striking ‘‘a law enforcement pres- 449 is amended by adding at the end the fol- SCREENING PERSONNEL.—In the period begin- lowing: ence’’ and inserting ‘‘a law enforcement or ning 30 days after the date of the enactment ‘‘§ 44917. Deployment of Federal air marshals military presence’’; and of this Act and ending on the first date that (B) by inserting after ‘‘at each of those air- a final rule issued by the Under Secretary of ‘‘(a) IN GENERAL.—The Under Secretary of ports’’ the following: ‘‘and at each location Transportation for Security under section Transportation for Security under the au- at those airports where passengers are 44935(e)(1) of title 49, United States Code, thority provided by section 44903(d) shall— screened’’; and takes effect, the following requirements ‘‘(1) provide for deployment of Federal air (2) in paragraph (2)(C)(i) by striking ‘‘shall shall apply to an individual who screens pas- marshals on selected passenger flights of air issue an amendment to air carrier security sengers and property pursuant to section carriers in air transportation or intrastate programs to require’’ and inserting ‘‘shall re- 44901 of such title (in this subsection referred air transportation; quire’’. to as a ‘‘screener’’): ‘‘(2) provide for appropriate background SEC. 104. EMPLOYMENT STANDARDS AND TRAIN- (1) EDUCATION.—A screener shall have a and fitness checks for candidates for ap- ING. high school diploma, a general equivalency pointment as Federal air marshals; (a) EMPLOYMENT STANDARDS.—Section diploma, or a combination of education and ‘‘(3) provide for appropriate training, su- 44935(a) is amended— experience that the Under Secretary has de- pervision, and equipment of Federal air mar- (1) in the first sentence by inserting ‘‘, per- termined to have equipped the individual to shals at the facility of the Federal Aviation sonnel who screen passengers and property,’’ perform the duties of the screening position. Administration in New Jersey; after ‘‘air carrier personnel’’; (2) BASIC APTITUDES AND PHYSICAL ABILI- ‘‘(4) require air carriers providing flights (2) by striking ‘‘and’’ at the end of para- TIES.—A screener shall have basic aptitudes described in paragraph (1) to provide seating graph (4); and physical abilities (including color per- for a Federal air marshal on any such flight (3) by striking the period at the end of ception, visual and aural acuity, physical co- without regard to the availability of seats on paragraph (5) and inserting a semicolon; and ordination, and motor skills) and shall the flight and at no cost to the United States (4) by adding at the end the following: have— Government or the marshal; ‘‘(6) a requirement that all personnel who (A) the ability to identify the components ‘‘(5) require air carriers to provide, on a screen passengers and property be citizens of that may constitute an explosive or an in- space-available basis, to an off-duty Federal the United States; cendiary device; air marshal a seat on a flight to the airport ‘‘(7) a requirement that any private secu- (B) the ability to identify objects that ap- nearest the marshal’s home at no cost to the rity firm retained to provide airport security pear to match those items described in all marshal or the United States Government if services be owned and controlled by a citizen current regulations, security directives, and the marshal is traveling to that airport after of the United States, to the extent that the emergency amendments; completing his or her security duties; and President determines that there are firms (C) for screeners operating X-ray and ex- ‘‘(6) provide, in choosing among applicants owned and controlled by such citizens; plosives detection system equipment, the for a position as a Federal air marshal, a ‘‘(8) minimum compensation levels, when ability to distinguish on the equipment mon- preference for the hiring of a pilot of an air appropriate; itors the appropriate images; carrier whose employment with the air car- ‘‘(9) a preference for the hiring of any indi- (D) for screeners operating any screening rier was terminated as a result of a reduc- vidual who is a member or former member of equipment, the ability to distinguish each tion in the workforce of the air carrier if the the armed forces and who is entitled, under color displayed on every type of screening pilot is otherwise qualified for the position. statute, to retired, retirement, or retainer equipment and explain what each color sig- ‘‘(b) FLIGHTS IN FOREIGN AIR TRANSPOR- pay on account of service as a member of the nifies; TATION.—The Under Secretary shall work armed forces; and (E) the ability to hear and respond to the with appropriate aeronautic authorities of ‘‘(10) a preference for the hiring of any in- spoken voice and to audible alarms gen- foreign governments under section 44907 to dividual who is a former employee of an air erated by screening equipment in an active address security concerns on passenger carrier and whose employment with the air checkpoint or other screening environment; flights in foreign air transportation. carrier was terminated as a result of a reduc- (F) for screeners performing manual ‘‘(c) INTERIM MEASURES.—Until the Under tion in the workforce of the air carrier.’’. searches or other related operations, the Secretary completes implementation of sub- (b) FINAL RULES ESTABLISHING TRAINING ability to efficiently and thoroughly manip- section (a), the Under Secretary may use, STANDARDS FOR SCREENERS.—Section ulate and handle such baggage, containers, after consultation with and concurrence of 44935(e)(1) is amended by striking ‘‘May 31, cargo, and other objects subject to security the heads of other Federal agencies and de- 2001’’ and inserting ‘‘6 months after the date processing; partments, personnel from those agencies of enactment of the Airport Security Fed- (G) for screeners performing manual and departments, on a nonreimbursable eralization Act of 2001’’. searches of cargo, the ability to use tools basis, to provide air marshal service.’’. (b) CONFORMING AMENDMENT.—The analysis (c) EMPLOYMENT STANDARDS FOR SCREEN- that allow for opening and closing boxes, for chapter 449 is amended by adding after ERS; UNIFORMS.—Section 44935 is amended by crates, or other common cargo packaging; adding at the end the following: (H) for screeners performing screening of the item relating to section 44916 the fol- lowing: ‘‘(g) TRAINING FOR ALL SCREENERS, SUPER- cargo, the ability to stop the transfer of sus- VISORS, AND INSTRUCTORS.— pect cargo to passenger air carriers; ‘‘44917. Deployment of Federal air mar- ‘‘(1) IN GENERAL.—The Under Secretary (I) for screeners performing pat-down or shals.’’. shall require any individual who screens pas- hand-held metal detector searches of per- (c) BASIC PAY DEFINED.—Section 8331(3)(E) sengers and property pursuant to section sons, sufficient dexterity and capability to of title 5, United States Code, is amended to 44901, and the supervisors and instructors of thoroughly conduct those procedures over a read as follows: such individuals, to have satisfactorily com- person’s entire body; and ‘‘(E) availability pay— pleted all initial, recurrent, and appropriate (J) the ability to demonstrate daily a fit- ‘‘(i) received by a criminal investigator specialized training necessary to ensure ness for duty without any impairment due to under section 5545a of this title; or compliance with the requirements of this illegal drugs, sleep deprivation, medication, ‘‘(ii) received after September 11, 2001, by a section. or alcohol. Federal air marshal of the Department of ‘‘(2) ON-THE-JOB PORTION OF SCREENER’S (3) COMMAND OF ENGLISH LANGUAGE.—A Transportation;’’. TRAINING.—Notwithstanding paragraph (1), screener shall be able to read, speak, write, SEC. 106. ENHANCED SECURITY MEASURES. the Under Secretary may permit an indi- and understand the English language well (a) IN GENERAL.—Subchapter I of chapter vidual, during the on-the-job portion of enough to— 449 is further amended by adding at the end training, to perform security functions if the (A) carry out written and oral instructions the following: individual is closely supervised and does not regarding the proper performance of screen- ‘‘§ 44918. Enhanced security measures make independent judgments as to whether ing duties; ‘‘(a) IN GENERAL.—To the extent the Under persons or property may enter secure areas (B) read English language identification Secretary of Transportation for Security de- or aircraft or whether cargo may be loaded media, credentials, airline tickets, docu- termines appropriate, the Under Secretary aboard aircraft without further inspection. ments, air waybills, invoices, and labels on shall take the following actions: ‘‘(3) EFFECT OF SCREENER’S FAILURE OF OP- items normally encountered in the screening ‘‘(1) After consultation with the Adminis- ERATION TEST.—The Under Secretary may process; trator of the Federal Aviation Administra- not allow an individual to perform a screen- (C) provide direction to and understand tion, develop procedures and authorize equip- ing function after the individual has failed and answer questions from English-speaking ment for pilots and other members of the

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.015 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7767 flight crew to use to defend an aircraft ment and international agencies to help de- an aircraft unless the passenger who checks against acts of criminal violence or aircraft termine whether the person may be a threat the baggage is aboard the aircraft. piracy. to civil aviation. ‘‘(2) CARGO DEADLINE.—A system must be in ‘‘(2) After consultation with the Adminis- ‘‘(16) Establish a uniform system of identi- operation to screen all cargo that is to be trator, develop and implement methods to— fication for all State and local law enforce- transported in passenger aircraft in air ‘‘(A) restrict the opening of a cockpit door ment personnel for use in obtaining permis- transportation and intrastate air transpor- during a flight; sion to carry weapons in aircraft cabins and tation as soon as practicable after the date ‘‘(B) fortify cockpit doors to deny access in obtaining access to a secured area of an of enactment of this paragraph. from the cabin to the cockpit; airport. ‘‘(e) LIMITATION ON CERTAIN ACTIONS.—The ‘‘(C) use video monitors or other devices to ‘‘(17) Establish requirements under which Secretary of Transportation shall not take alert pilots in the cockpit to activity in the air carriers, under the supervision of the any action to prevent a pilot of an air carrier cabin; and Under Secretary, could implement trusted from taking a firearm into the cockpit of the ‘‘(D) ensure continuous operation of an air- passenger programs and use available tech- aircraft if the policy of the air carrier per- craft transponder in the event of an emer- nologies to expedite the security screening mits its pilots to be armed and the pilot has gency. of passengers who participate in such pro- successfully completed a training program ‘‘(3) Impose standards for the screening or grams, thereby allowing security screening for the carriage of firearms aboard aircraft inspection of persons and vehicles having ac- personnel to focus on those passengers who that is acceptable to the Under Secretary. cess to secure areas of an airport. should be subject to more extensive screen- ‘‘(f) REPORT.—Not later than 6 months ‘‘(4) Require effective 911 emergency call ing. after the date of enactment of this section, capability for telephones serving passenger ‘‘(18) In consultation with the Commis- and annually thereafter until the Under Sec- aircraft and passenger trains. sioner of Food and Drugs, develop security retary determines whether or not to take ‘‘(5) Provide for the use of voice stress procedures under which a medical product to each of the actions specified in subsection analysis or other technologies to prevent a be transported on a flight of an air carrier (a), the Under Secretary shall transmit to person who might pose a danger to air safety would not be subject to manual or x-ray in- Congress a report on the progress of the or security from boarding the aircraft of an spection if conducting such an inspection Under Secretary in evaluating and taking air carrier or foreign air carrier in air trans- would irreversibly damage the product. such actions, including any legislative rec- portation or intrastate air transportation. ‘‘(19) Develop security procedures to allow ommendations that the Under Secretary ‘‘(6) Develop standards and procedures for passengers transporting a musical instru- may have for enhancing transportation secu- the issuance, renewal, and revocation of a ment on a flight of an air carrier to trans- rity, and on the progress the Under Sec- certificate of qualification for individuals port the instrument in the passenger cabin retary is making in carrying out subsection who screen passengers and property at an of the aircraft, notwithstanding any size or (d).’’. airport. other restriction on carry-on baggage but (b) CONFORMING AMENDMENT.—The analysis ‘‘(7) Establish performance goals for indi- subject to such other reasonable terms and for chapter 449 is amended by inserting after viduals described in paragraph (6), provide conditions as may be established by the the item relating to section 44917 the fol- for the use of threat image projection or Under Secretary or the air carrier, including lowing: similar devices to test such individuals, and imposing additional charges by the air car- ‘‘44918. Enhanced security measures.’’. establish procedures to revoke the certifi- rier. (c) REPEAL OF EXISTING REPORTING RE- cation of such individuals if the individuals ‘‘(20) Provide for the use of wireless and QUIREMENT.— fail to maintain a required level of pro- wire line data technologies enabling the pri- (1) IN GENERAL.—Section 44938 is amended— ficiency. vate and secure communication of threats to (A) in the section heading by striking ‘‘RE- ‘‘(8) In consultation with air carriers and aid in the screening of passengers and other PORTS’’ and inserting ‘‘REPORT’’; and other government agencies, establish poli- individuals on airport property who are iden- (B) by striking ‘‘(a) TRANSPORTATION SECU- cies and procedures requiring air carriers to tified on any State or Federal security-re- RITY.—’’ and all that follows through ‘‘(b) use information from government agencies lated data base for the purpose of having an SCREENING AND FOREIGN AIR CARRIER AND to identify individuals on passenger lists who integrated response coordination of various AIRPORT SECURITY.—The Administrator’’ and may be a threat to civil aviation and, if such authorized airport security forces. inserting ‘‘The Under Secretary of Transpor- an individual is identified, to notify appro- ‘‘(b) AIRWORTHINESS OBJECTIONS BY FAA.— tation for Security’’. priate law enforcement agencies and prohibit ‘‘(1) IN GENERAL.—The Under Secretary (2) CHAPTER ANALYSIS.—The analysis for the individual from boarding an aircraft. shall not take an action under subsection (a) chapter 449 is amended by striking the item ‘‘(9) Provide for the enhanced use of com- if the Administrator notifies the Under Sec- relating section 44938 and inserting the fol- puter profiling to more effectively screen retary that the action could adversely affect lowing: passengers and property that will be carried the airworthiness of an aircraft. in the cabin of an aircraft. ‘‘(2) REVIEW BY SECRETARY.—Notwith- ‘‘44938. Report.’’. ‘‘(10) Provide for the use of electronic tech- standing paragraph (1), the Under Secretary SEC. 107. CRIMINAL HISTORY RECORD CHECK nology that positively verifies the identity may take an action under subsection (a), FOR SCREENERS AND OTHERS. of each employee and law enforcement offi- after receiving a notification concerning the Section 44936(a) is amended— cer who enters a secure area of an airport. action from the Administrator under para- (1) in paragraph (1)(E)(iv)(II) by striking ‘‘(11) After consultation with the Adminis- graph (1), if the Secretary of Transportation the period at the end and inserting ‘‘; except trator, provide for the installation of switch- subsequently approves the action. that at such an airport, the airport operator, es in an aircraft cabin to enable flight crews ‘‘(c) VIEW OF NTSB.—In taking any action air carriers, and certified screening compa- to discreetly notify the pilots in the case of under subsection (a) that could affect safety, nies may elect to implement the require- a security breach occurring in the cabin. the Under Secretary shall solicit and give ments of this subparagraph in advance of the ‘‘(12) Update training procedures used by great weight to the views of the National effective date if the Under Secretary (or the the Federal Aviation Administration, law Transportation Safety Board. Administrator of the Federal Aviation Ad- enforcement agencies, air carriers, and flight ‘‘(d) PROPERTY SECURITY PROGRAM.— ministration before the transfer of civil avia- crews during hijackings to include measures ‘‘(1) CHECKED BAGGAGE.— tion security responsibilities to the Under relating to suicidal hijackers and other ex- ‘‘(A) FINAL DEADLINE FOR SCREENING.—A Secretary) approves of such early implemen- tremely dangerous events not currently de- system must be in operation to screen all tation and if the airport operator, air car- scribed in the training procedures. checked baggage at all airports in the United riers, and certified screening companies ‘‘(13) Provide for background checks of in- States no later than December 31, 2003. amend their security programs to conform dividuals seeking instruction (including ‘‘(B) USE OF EXPLOSIVE DETECTION EQUIP- those programs to the requirements of this training through the use of flight simula- MENT.—The Under Secretary shall ensure subparagraph.’’; tors) in flying aircraft that has a minimum that explosive detection equipment installed (2) by adding at the end of paragraph (1) certificated takeoff weight of more than at airports to screen checked baggage is used the following: 12,500 pounds. to the maximum extent possible. ‘‘(G) BACKGROUND CHECKS OF CURRENT EM- ‘‘(14) Enter into agreements with Federal, ‘‘(C) INSTALLATION OF ADDITIONAL EXPLO- PLOYEES.—A background check (including a State, and local agencies under which appro- SIVE DETECTION EQUIPMENT.—The Under Sec- criminal history record check and a review priately-trained law enforcement personnel retary shall install additional explosive de- of available law enforcement data bases and from such agencies, when traveling on a tection equipment at airports as soon as pos- records of other governmental and inter- flight of an air carrier, will carry a firearm sible to ensure that all checked baggage is national agencies) shall be required for any and be prepared to assist Federal air mar- screened before being placed in an aircraft. individual who currently has unescorted ac- shals. ‘‘(D) INTERIM BAG-MATCH PROGRAMS.—Until cess to an aircraft of an air carrier or foreign ‘‘(15) Require more thorough background the Under Secretary has installed enough ex- air carrier, unescorted access to a secured checks of persons described in subparagraphs plosive detection equipment at airports to area of an airport in the United States that (A), (B)(i), and (B)(ii) of section 44936(a) and ensure that all checked baggage is screened, serves an air carrier or foreign air carrier, or paragraph (13) of this subsection, including a the Under Secretary shall require air car- is responsible for screening passengers or review of immigration records, law enforce- riers to implement bag-match programs that property, or both, unless that individual was ment databases, and records of other govern- ensure that no checked baggage is placed in subject to such a background check before

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the individual began his or her current em- ‘‘(e) ADMINISTRATION OF FEES.— ‘‘(2) CONDITIONS.—Before providing finan- ployment or is exempted from such a check ‘‘(1) FEES PAYABLE TO UNDER SECRETARY.— cial assistance to an airport operator with under section 107.31(m) of title 14, Code of All fees imposed and amounts collected funds appropriated pursuant to paragraph Federal Regulations.’’; and under this section are payable to the Under (1), the Secretary shall require the operator (3) in paragraph (2)— Secretary. to provide assurances that the operator (A) by striking ‘‘or airport operator’’ and ‘‘(2) FEES COLLECTED BY AIR CARRIER.—A will— inserting ‘‘airport operator, or certificated fee imposed under subsection (a)(1) shall be ‘‘(A) meet with the tenants of the airport screening company’’; and collected by the air carrier or foreign air car- (other than air carriers and foreign air car- (B) by adding at the end the following: ‘‘In rier providing the transportation described riers) to discuss adjustments of the rent of this paragraph, the term ‘certificated screen- in subsection (a)(1). the tenants to account for losses in revenue ing company’ means a screening company to ‘‘(3) DUE DATE FOR REMITTANCE.—A fee col- incurred by the tenants on and after Sep- which the Under Secretary has issued a lected under this section shall be remitted tember 11, 2001; and screening company certificate authorizing on the last day of each calendar month by ‘‘(B) provide to the Secretary an itemized the screening company to provide security the carrier collecting the fee. The amount to list of costs incurred by the operator to com- screening.’’. be remitted shall be for the calendar month ply with the security requirements described SEC. 108. PASSENGER AND BAGGAGE SCREENING preceding the calendar month in which the in paragraph (1), including costs relating to FEE. remittance is made. landing fees, automobile parking revenues, (a) IN GENERAL.—Subchapter II of chapter ‘‘(4) INFORMATION.—The Under Secretary rental cars, restaurants, and gift shops.’’. 449 is amended by adding at the end the fol- may require the provision of such informa- (b) CONFORMING AMENDMENT.—The analysis lowing: tion as the Under Secretary decides is nec- for chapter 449 is amended by adding after ‘‘§ 44939. Passenger and baggage screening essary to verify that fees have been collected the item relating to section 44939 the fol- fee and remitted at the proper times and in the lowing: ‘‘(a) GENERAL AUTHORITY.— proper amounts. ‘‘44940. Authorizations of appropriations.’’. ‘‘(f) RECEIPTS CREDITED AS OFFSETTING ‘‘(1) PASSENGER FEES.—The Under Sec- SEC. 110. LIMITATION ON LIABILITY FOR ACTS TO retary of Transportation for Security shall COLLECTIONS.—Notwithstanding section 3302 THWART CRIMINAL VIOLENCE OR impose a fee, on passengers of air carriers of title 31, any fee collected under this sec- AIRCRAFT PIRACY. and foreign air carriers in air transportation tion— Section 44903 is amended by adding at the and intrastate air transportation originating ‘‘(1) shall be credited as offsetting collec- end the following: at airports in the United States, to pay for tions to the account that finances the activi- ‘‘(h) LIMITATION ON LIABILITY FOR ACTS TO the costs of the screening of passengers and ties and services for which the fee is im- THWART CRIMINAL VIOLENCE OR AIRCRAFT PI- property pursuant to section 44901(d). Such posed; RACY.—An individual shall not be liable for costs shall be limited to the salaries and ben- ‘‘(2) shall be available for expenditure only damages in any action brought in a Federal efits of screening personnel and their direct to pay the costs of activities and services for or State court arising out of the acts of the supervisors, training of screening personnel, which the fee is imposed; and individual in attempting to thwart an act of and acquisition, operation, and maintenance ‘‘(3) shall remain available until expended. criminal violence or piracy on an aircraft if of equipment used by screening personnel ‘‘(g) REFUNDS.—The Under Secretary may that individual in good faith believed that and shall be determined by the Under Sec- refund any fee paid by mistake or any such an act of criminal violence or piracy retary. amount paid in excess of that required.’’. was occurring or was about to occur.’’. ‘‘(2) AIR CARRIER FEES.— (b) CONFORMING AMENDMENT.—The analysis SEC. 111. PASSENGER MANIFESTS. ‘‘(A) AUTHORITY.—In addition to the fee for chapter 449 is amended by adding after Section 44909 is amended by adding at the imposed pursuant to paragraph (1), and only the item relating to section 44938 the fol- end the following: to the extent that such fee is insufficient to lowing: ‘‘(c) FLIGHTS IN FOREIGN AIR TRANSPOR- pay for the costs of the screening of pas- ‘‘44939. Passenger and baggage screening TATION TO THE UNITED STATES.— sengers and property pursuant to section fee.’’. ‘‘(1) IN GENERAL.—Not later than 60 days 44901(d), the Under Secretary may impose a (c) EXEMPTIONS.—Section 44915 is amended after the date of enactment of this sub- fee on air carriers to pay for the difference by striking ‘‘and 44936’’ and inserting ‘‘44936, section, the Under Secretary of Transpor- between any such costs and the amount col- and 44939’’. tation for Security shall require each air lected from such fee. SEC. 109. AUTHORIZATIONS OF APPROPRIA- carrier and foreign air carrier operating a ‘‘(B) LIMITATION.—The amounts of fees col- TIONS. passenger flight in foreign air transportation lected under this paragraph may not exceed, (a) IN GENERAL.—Subchapter II of chapter to the United States to provide to the Under in the aggregate, the amounts paid in cal- 449 is further amended by adding at the end Secretary by electronic transmission a pas- endar year 2000 by air carriers for screening the following: senger and crew manifest containing the in- activities described in paragraph (1) as deter- ‘‘§ 44940. Authorizations of appropriations formation specified in paragraph (2). mined by the Under Secretary. ‘‘(a) OPERATIONS OF TRANSPORTATION SECU- ‘‘(2) INFORMATION.—A passenger and crew ‘‘(b) SCHEDULE OF FEES.—In imposing fees RITY ADMINISTRATION.—There are authorized under subsection (a), the Under Secretary to be appropriated such sums as may be nec- manifest for a flight required under para- shall ensure that the fees are reasonably re- essary for the operations of the Transpor- graph (1) shall contain the following infor- lated to the Transportation Security Admin- tation Security Administration, including mation: istration’s costs of providing services ren- the functions of the Administration under ‘‘(A) The full name of each passenger and dered. section 44901(d) if the fees imposed under sec- crew member. ‘‘(c) LIMITATION ON FEE.—Fees imposed tion 44939 are insufficient to cover the costs ‘‘(B) The date of birth and citizenship of under subsection (a)(1) may not exceed $2.50 of such functions. each passenger and crew member. on a 1-way trip in air transportation or ‘‘(b) GRANTS FOR AIRCRAFT SECURITY.— ‘‘(C) The sex of each passenger and crew intrastate air transportation that originates There is authorized to be appropriated member. at an airport in the United States. $500,000,000 for the Secretary of Transpor- ‘‘(D) The passport number and country of ‘‘(d) IMPOSITION OF FEE.— tation to make grants to air carriers to— issuance of each passenger and crew member ‘‘(1) IN GENERAL.—Notwithstanding section ‘‘(1) fortify cockpit doors to deny access if required for travel. 9701 of title 31 and the procedural require- from the cabin to the pilots in the cockpit; ‘‘(E) The United States visa number or ments of section 553 of title 5, the Under Sec- ‘‘(2) provide for the use of video monitors resident alien card number of each passenger retary shall impose the fee under subsection or other devices to alert the cockpit crew to and crew member, as applicable. (a)(1), and may impose a fee under subsection activity in the passenger cabin; ‘‘(F) The passenger name record of each (a)(2), through the publication of notice of ‘‘(3) ensure continuous operation of the air- passenger. such fee in the Federal Register and begin craft transponder in the event the crew faces ‘‘(G) Such other information as the Under collection of the fee within 60 days of the an emergency; and Secretary, by regulation, determines is rea- date of enactment of this Act, or as soon as ‘‘(4) provide for the use of other innovative sonably necessary to ensure aviation safety. possible thereafter. technologies to enhance aircraft security. ‘‘(3) TRANSMISSION OF MANIFEST.—Subject ‘‘(2) SUBSEQUENT MODIFICATION OF FEE.— ‘‘(c) AIRPORT SECURITY.— to paragraph (4), a passenger and crew mani- After imposing a fee in accordance with ‘‘(1) IN GENERAL.—There is authorized to be fest required for a flight under paragraph (1) paragraph (1), the Under Secretary may mod- appropriated to the Secretary for fiscal years shall be transmitted to the Under Secretary ify, from time to time through publication of 2002 and 2003 a total of $1,500,000,000 to reim- in advance of the aircraft landing in the notice in the Federal Register, the imposi- burse airport operators for direct costs in- United States in such manner, time, and tion or collection of such fee, or both. curred by such operators to comply with form as the Under Secretary prescribes. ‘‘(3) LIMITATION ON COLLECTION.—No fee new, additional, or revised security require- ‘‘(4) TRANSMISSION OF MANIFESTS TO OTHER may be collected under this section, except ments imposed on such operators by the Fed- FEDERAL AGENCIES.—The Under Secretary to the extent that expenditure of such fee to eral Aviation Administration or Transpor- may require by regulation that a passenger pay the costs of activities and services for tation Security Administration on or after and crew manifest required for a flight under which the fee is imposed is provided for in September 11, 2001. Such sums shall remain paragraph (1) be transmitted directly to the advance in an appropriations Act. available until expended. head of another Federal agency.’’.

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SEC. 112. TRANSPORTATION SECURITY OVER- ‘‘(d) ADMINISTRATIVE MATTERS.— (c) REIMBURSEMENT FOR PAST EXPENSES.— SIGHT BOARD. ‘‘(1) MEETINGS.—The Council shall meet on Section 47110(b)(2) is amended— (a) IN GENERAL.—Chapter 449 is amended a regular and periodic basis or at the call of (1) by striking ‘‘or’’ at the end of subpara- by adding at the end the following: the Chairperson or the Under Secretary. graph (B); ‘‘SUBCHAPTER III—TRANSPORTATION ‘‘(2) ACCESS TO DOCUMENTS AND STAFF.—The (2) by inserting after the semicolon at the SECURITY OVERSIGHT BOARD Under Secretary may give the Council appro- end of the subparagraph (C)(iii) ‘‘or’’; and ‘‘§ 44951. Transportation Security Oversight priate access to relevant documents and per- (3) by inserting at the end the following: Board sonnel of the Administration, and the Under ‘‘(D) if the cost is incurred after September Secretary shall make available, consistent ‘‘(a) IN GENERAL.—There is established a 11, 2001, for a project described in subpara- board to be known as a ‘Transportation Se- with the authority to withhold commercial graphs (J), (K), or (L) of section 47102(3) with- and other proprietary information under sec- curity Oversight Board’. out regard to the date of execution of a grant tion 552 of title 5 (commonly known as the ‘‘(b) MEMBERSHIP.— agreement under this subchapter.’’. ‘Freedom of Information Act’), cost data as- ‘‘(1) NUMBER AND APPOINTMENT.—The Board (d) FEDERAL SHARE.—Section 47109(a) is shall be composed of 5 members as follows: sociated with the acquisition and operation amended— ‘‘(A) The Secretary of Transportation (or of security screening equipment. Any mem- (1) by striking ‘‘and’’ at the end of para- the Secretary’s designee). ber of the Council who receives commercial graph (3); or other proprietary data from the Under ‘‘(B) The Attorney General (or the Attor- (2) by striking the period at the end of Secretary shall be subject to the provisions ney General’s designee). paragraph (4) and inserting ‘‘; and’’; and of section 1905 of title 18, pertaining to unau- ‘‘(C) The Secretary of the Treasury (or the (3) by adding at the end the following: thorized disclosure of such information. Secretary’s designee). ‘‘(5) 100 percent for a project described in ‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— ‘‘(D) The Secretary of Defense (or the Sec- subparagraphs (J), (K), or (L) of section The Council shall elect a Chairperson and a retary’s designee). 47102(3).’’. Vice Chairperson from among the members, ‘‘(E) One member appointed by the Presi- each of whom shall serve for a term of 2 (e) CONFORMING AMENDMENT TO AIRPORT dent to represent the National Security years. The Vice Chairperson shall perform AND AIRWAY TRUST FUND.—Section Council or the Office of Homeland Security. the duties of the Chairperson in the absence 9502(d)(1)(A) of the Internal Revenue Code of ‘‘(2) CHAIRPERSON.—The Chairperson of the of the Chairperson. 1986 (relating to airport and airway program) Board shall be the Secretary of Transpor- ‘‘(4) TRAVEL AND PER DIEM.—Each member is amended by inserting ‘‘or the Airport Se- tation. of the Council shall be paid actual travel ex- curity Federalization Act of 2001’’ after ‘‘21st ‘‘(c) DUTIES.—The Board shall— penses, and per diem in lieu of subsistence Century’’. ‘‘(1) review and ratify or disapprove any expenses when away from his or her usual regulation or security directive issued by the SEC. 114. TECHNICAL CORRECTIONS. place of residence, in accordance with sec- (a) REPORT DEADLINE.—Section 106(a) of Under Secretary of Transportation for secu- tion 5703 of title 5. rity under section 114(h)(2) within 30 days the Air Transportation Safety and System ‘‘(5) DETAIL OF PERSONNEL FROM THE ADMIN- after the date of issuance of such regulation Stabilization Act (Public Law 107–42) is ISTRATION.—The Under Secretary shall make amended by striking ‘‘February 1, 2001’’ and or directive; available to the Council such staff, informa- inserting ‘‘February 1, 2002’’. ‘‘(2) share intelligence information with tion, and administrative services and assist- the Under Secretary; ance as may reasonably be required to enable (b) INSURANCE AND REINSURANCE OF AIR- ‘‘(3) review— the Council to carry out its responsibilities CRAFT.—Section 44306(c) (as redesignated by ‘‘(A) plans for transportation security; under this section. section 201(d) of such Act) is amended by in- ‘‘(B) standards established for performance ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT serting ‘‘in the interest of air commerce or of airport security screening personnel; NOT TO APPLY.—The Federal Advisory Com- national security’’ before ‘‘to carry out for- ‘‘(C) compensation being paid to airport se- mittee Act (5 U.S.C. App.) does not apply to eign policy’’. curity screening personnel; the Council.’’. (c) FEDERAL CREDIT INSTRUMENTS.—Section ‘‘(D) procurement of security equipment; (b) CONFORMING AMENDMENT.—The analysis 102(c)(2)(A) of such Act is amended by strik- ‘‘(E) selection, performance, and com- for chapter 449 is amended by adding at the ing ‘‘representatives’’ and inserting ‘‘rep- pensation of senior executives in the Trans- end the following: resentations’’. portation Security Administration; ‘‘SUBCHAPTER III—TRANSPORTATION (d) MAXIMUM AMOUNT OF COMPENSATION ‘‘(F) waivers granted by the Under Sec- SECURITY OVERSIGHT BOARD PAYABLE PER AIR CARRIER.—Section 103 of retary under section 120 of the Airport Secu- ‘‘44951. Transportation Security Oversight such Act is amended by adding at the end rity Federalization Act of 2001 and may rat- Board. the following: ify or disapprove such waivers; and ‘‘44952. Advisory council.’’. ‘‘(d) COMPENSATION FOR AIR CARRIERS PRO- ‘‘(G) budget requests of the Under Sec- SEC. 113. AIRPORT IMPROVEMENT PROGRAMS. VIDING AIR AMBULANCE SERVICES.— retary; and (a) COMPETITION PLAN.—Section 47106(f) is ‘‘(1) SET-ASIDE.—The President may set ‘‘(4) make recommendations to the Under amended— aside a portion of the amount of compensa- Secretary regarding matters reviewed under (1) by redesignating paragraph (3) as para- tion payable to air carriers under section paragraph (3). graph (4); and 101(a)(2) to provide compensation to air car- ‘‘(d) QUARTERLY MEETINGS.—The Board (2) by inserting after paragraph (2) the fol- riers providing air ambulance services. The shall meet at least quarterly. lowing: ‘‘(e) CONSIDERATION OF SECURITY INFORMA- President shall reduce the $4,500,000,000 spec- ‘‘(3) SPECIAL RULE FOR FISCAL YEAR 2002.— ified in subsection (b)(2)(A)(i) by the amount TION.—A majority of the Board may vote to This subsection does not apply to any pas- set aside under this subsection. close a meeting of the Board to the public senger facility fee approved, or grant made, ‘‘(2) DISTRIBUTION OF AMOUNTS.—The Presi- when classified, sensitive security informa- in fiscal year 2002 if the fee or grant is to be dent shall distribute the amount set aside tion, or information protected in accordance used to improve security at a covered air- under this subsection proportionally among with section 40119(b), will be discussed. port.’’. air carriers providing air ambulance services ‘‘§ 44952. Advisory council (b) AIRPORT DEVELOPMENT DEFINED.—Sec- based on an appropriate auditable measure, ‘‘(a) ESTABLISHMENT.—The Under Sec- tion 47102(3) is amended by adding at the end as determined by the President.’’. retary of Transportation for Security shall the following: establish an advisory council to be known as ‘‘(J) hiring, training, compensating, or re- SEC. 115. ALCOHOL AND CONTROLLED SUB- the ‘Transportation Security Advisory Coun- imbursement for law enforcement personnel STANCE TESTING. cil’. at a non-hub or small hub airport (as defined Chapter 451 is amended— ‘‘(b) MEMBERSHIP.—The Council shall be in section 41731). (1) by striking ‘‘contract personnel’’ each composed of members appointed by the ‘‘(K) in fiscal year 2002, any activity, in- place it appears and inserting ‘‘personnel’’; Under Secretary to represent all modes of cluding operational activities, of an airport (2) by striking ‘‘contract employee’’ each transportation, transportation labor, screen- that is not a primary airport if that airport place it appears and inserting ‘‘employee’’; ing companies, organizations representing is located within the confines of enhanced (3) in section 45106(c) by striking ‘‘contract families of victims of transportation disas- class B airspace, as defined by Notice to Air- employees’’ and inserting ‘‘employees’’; ters, and other entities affected or involved men FDC 1/0618 issued by the Federal Avia- (4) by inserting after section 45106 the fol- in the transportation security process. tion Administration. lowing: ‘‘(c) DUTIES.—The Council shall provide ad- ‘‘(L) in fiscal year 2002, payments for debt vice and counsel to the Under Secretary on service on indebtedness incurred to carry out ‘‘§ 45107. Transportation Security Administra- issues which affect or are affected by the op- a project at an airport owned or controlled tion erations of the Transportation Security Ad- by the sponsor or at a privately owned or op- ‘‘(a) TRANSFER OF FUNCTIONS RELATING TO ministration. The Council shall function as a erated airport passenger terminal financed TESTING PROGRAMS WITH RESPECT TO AIR- resource for management, policy, spending, by indebtedness incurred by the sponsor if PORT SECURITY SCREENING PERSONNEL.—The and regulatory matters under the jurisdic- the Secretary determines that such pay- authority of the Administrator of the Fed- tion of the Transportation Security Admin- ments are necessary to prevent a default on eral Aviation Administration under this istration. the indebtedness.’’. chapter with respect to programs relating to

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testing of airport security screening per- (c) ADMINISTRATIVE.—Section 40113 is of appropriations, allocations, and other sonnel are transferred to the Under Sec- amended— funds made available to the Federal Aviation retary of Transportation for Security. Not- (1) in subsection (a)— Administration to carry out such functions withstanding section 45102(a), the regula- (A) by inserting after ‘‘(or’’ the following: shall also be transferred to the Transpor- tions prescribed under section 45102(a) shall ‘‘the Under Secretary of Transportation for tation Security Administration for use in require testing of such personnel by their Security with respect to security duties and connection with the functions transferred. employers instead of by air carriers and for- powers designated to be carried out by the (b) LEGAL DOCUMENTS.—All orders, deter- eign air carriers. Under Secretary or’’; and minations, rules, regulations, permits, ‘‘(b) APPLICABILITY OF CHAPTER WITH RE- (B) by striking ‘‘or Administrator’’ and in- grants, loans, contracts, settlements, agree- SPECT TO EMPLOYEES OF ADMINISTRATION.— serting ‘‘, Under Secretary, or Adminis- ments, certificates, licenses, and privileges— The provisions of this chapter that apply trator’’; and (1) that have been issued, made, granted, or with respect to employees of the Federal (2) in subsection (d)— allowed to become effective by the Federal Aviation Administration whose duties in- (A) by inserting after ‘‘The’’ the following: Aviation Administration, any officer or em- clude responsibility for safety-sensitive func- ‘‘Under Secretary of Transportation for Se- ployee thereof, or any other Government of- tions shall apply with respect to employees curity or the’’; ficial, or by a court of competent jurisdic- of the Transportation Security Administra- (B) by striking ‘‘Administration’’ the sec- tion, in the performance of any function that tion whose duties include responsibility for ond place it appears and inserting ‘‘Trans- is transferred by this Act; and security-sensitive functions. The Under Sec- portation Security Administration or Fed- (2) that are in effect on the effective date retary of Transportation for Security, the eral Aviation Administration, as the case of such transfer (or become effective after Transportation Security Administration, may be,’’; and such date pursuant to their terms as in ef- and employees of the Transportation Secu- (C) by striking ‘‘the Administrator de- fect on such effective date), shall continue in rity Administration whose duties include re- cides’’ and inserting ‘‘the Under Secretary or effect according to their terms until modi- sponsibility for security-sensitive functions Administrator, as the case may be, decides’’. fied, terminated, superseded, set aside, or re- voked in accordance with law by the Under shall be subject to and comply with such pro- (d) PENALTIES.—Chapter 463 is amended— visions in the same manner and to the same (1) in section 46301(d)(2)— Secretary of Transportation for Security, extent as the Administrator of the Federal (A) by striking ‘‘, chapter 449 (except sec- any other authorized official, a court of com- Aviation Administration, the Federal Avia- tions 44902, 44903(d), 44907(a)–(d)(1)(A) and petent jurisdiction, or operation of law. (c) PROCEEDINGS.— tion Administration, and employees of the (d)(1)(C)–(f), 44908, and 44909),’’; (1) IN GENERAL.—The provisions of this Act Federal Aviation Administration whose du- (B) by inserting after the first sentence the shall not affect any proceedings or any appli- ties include responsibility for safety-sen- following: ‘‘The Under Secretary of Trans- cation for any license pending before the sitive functions, respectively.’’; and portation for Security may impose a civil Federal Aviation Administration at the time (5) in the analysis for such chapter by in- penalty for a violation of chapter 449 (except this Act takes effect, insofar as those func- serting after the item relating to section sections 44902, 44903(d), 44907(a)–(d)(1)(A), tions are transferred by this Act; but such 45106 the following: 44907(d)(1)(C)–(f), 44908, and 44909) or a regula- proceedings and applications, to the extent tion prescribed or order issued under such ‘‘45107. Transportation Security Administra- that they relate to functions so transferred, chapter 449.’’; and tion.’’. shall be continued. Orders shall be issued in (C) by inserting ‘‘Under Secretary or’’ be- SEC. 116. CONFORMING AMENDMENTS TO SUB- such proceedings, appeals shall be taken fore ‘‘Administrator shall’’; TITLE VII. therefrom, and payments shall be made pur- (2) in each of paragraphs (3) and (4) of sec- (a) RECORDS OF EMPLOYMENT OF PILOT AP- suant to such orders, as if this Act had not tion 46301(d) by striking ‘‘Administrator’’ PLICANTS.—Part A of subtitle VII is amend- been enacted; and orders issued in any such each place it appears and inserting ‘‘Under ed— proceedings shall continue in effect until Secretary or Administrator’’; (1) by moving subsections (f), (g), and (h) of modified, terminated, superseded, or revoked (3) in section 46301(d)(8) by striking ‘‘Ad- section 44936 from section 44936, inserting by a duly authorized official, by a court of ministrator’’ and inserting ‘‘Under Sec- them at the end of section 44703, and redesig- competent jurisdiction, or by operation of retary, Administrator,’’; nating them as subsections (h), (i), and (j), law. (4) in section 46301(h)(2) by inserting after respectively; and (2) STATUTORY CONSTRUCTION.—Nothing in ‘‘(or’’ the following: ‘‘the Under Secretary of (2) in subsections (i) and (j) of section 44703 this subsection shall be deemed to prohibit Transportation for Security with respect to (as moved to the end of section 44703 by para- the discontinuance or modification of any security duties and powers designated to be graph (1) of this subsection), by striking proceeding described in paragraph (1) under carried out by the Under Secretary or’’; ‘‘subsection (f)’’ each place it appears and in- the same terms and conditions and to the (5) in section 46303(c)(2) by inserting ‘‘or serting ‘‘subsection (h)’’. same extent that such proceeding could have the Under Secretary of Transportation for (b) INVESTIGATIONS AND PROCEDURES.— been discontinued or modified if this Act had Security’’ after ‘‘Federal Aviation Adminis- Chapter 461 is amended— not been enacted. tration’’; (1) in each of sections 46101(a)(1), 46102(a), (3) ORDERLY TRANSFER.—The Secretary of (6) in section 46311— 46103(a), 46104(a), 46105(a), 46106, 46107(b), and Transportation is authorized to provide for (A) by inserting after ‘‘Transportation,’’ 46110(a) by inserting after ‘‘(or’’ the fol- the orderly transfer of pending proceedings the following: ‘‘the Under Secretary of lowing: ‘‘the Under Secretary of Transpor- from the Federal Aviation Administration. Transportation for Security with respect to tation for Security with respect to security (d) SUITS.— security duties and powers designated to be duties and powers designated to be carried (1) IN GENERAL.—This Act shall not affect out by the Under Secretary or’’; carried out by the Under Secretary,’’; suits commenced before the date of the en- (2) by striking ‘‘or Administrator’’ each (B) by inserting after ‘‘Secretary,’’ each actment of this Act, except as provided in place it appears and inserting ‘‘, Under Sec- place it appears the following: ‘‘Under Sec- paragraphs (2) and (3). In all such suits, pro- retary, or Administrator’’; retary,’’; and ceeding shall be had, appeals taken, and (3) in section 46101(a)(2) by striking ‘‘of (C) by striking ‘‘or Administrator’’ each judgments rendered in the same manner and Transportation or the’’ and inserting ‘‘, place it appears and inserting ‘‘, Under Sec- with the same effect as if this Act had not Under Secretary, or’’; retary, or Administrator’’; been enacted. (7) in each of sections 46313 and 46316 by in- (4) in section 46102(b) by striking ‘‘and the (2) SUITS BY OR AGAINST FAA.—Any suit by Administrator’’ and inserting ‘‘, the Under serting after ‘‘(or’’ the following: ‘‘the Under or against the Federal Aviation Administra- Secretary, and the Administrator’’; Secretary of Transportation for Security tion begun before the date of the enactment (5) in section 46102(c) by striking ‘‘and Ad- with respect to security duties and powers of this Act shall be continued, insofar as it ministrator’’ each place it appears and in- designated to be carried out by the Under involves a function retained and transferred serting ‘‘, Under Secretary, and Adminis- Secretary or’’; and under this Act, with the Transportation Se- trator’’; (8) in section 46505(d)(2) by inserting ‘‘or curity Administration (to the extent the suit (6) in each of sections 46102(d) and 46104(b) the Under Secretary of Transportation for involves functions transferred to the Trans- by inserting ‘‘the Under Secretary,’’ after Security’’ after ‘‘Federal Aviation Adminis- portation Security Administration under ‘‘Secretary,’’; tration’’. this Act) substituted for the Federal Avia- (7) in the heading to section 46106 by strik- SEC. 117. SAVINGS PROVISION. tion Administration. ing ‘‘Secretary of Transportation and Admin- (a) TRANSFER OF ASSETS AND PERSONNEL.— (3) REMANDED CASES.—If the court in a suit istrator of the Federal Aviation Administra- Except as otherwise provided in this Act, described in paragraph (1) remands a case to tion’’ and inserting ‘‘Department of Trans- those personnel, property, and records em- the Transportation Security Administration, portation’’; and ployed, used, held, available, or to be made subsequent proceedings related to such case (8) in the item relating to section 46106 of available in connection with a function shall proceed in accordance with applicable the analysis for such chapter by striking transferred to the Transportation Security law and regulations as in effect at the time ‘‘Secretary of Transportation and Adminis- Administration by this Act shall be trans- of such subsequent proceedings. trator of the Federal Aviation Administra- ferred to the Transportation Security Ad- (e) CONTINUANCE OF ACTIONS AGAINST OFFI- tion’’ and inserting ‘‘Department of Trans- ministration for use in connection with the CERS.—No suit, action, or other proceeding portation’’. functions transferred. Unexpended balances commenced by or against any officer in his

VerDate 06-NOV-2001 02:49 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.016 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7771 official capacity as an officer of the Federal prohibiting the parking of passenger vehicles holding any person, or any State or political Aviation Administration shall abate by rea- within 300 feet of an airport terminal build- subdivision thereof, liable for any damages son of the enactment of this Act. No cause of ing shall not apply to the terminal building arising out of the hijacking and subsequent action by or against the Federal Aviation at such airport.’’. crashes of American Airlines flights 11 or 77, Administration, or by or against any officer SEC. 122. REQUIREMENT TO HONOR PASSENGER or United Airlines flights 93 or 175, on Sep- thereof in his official capacity, shall abate TICKETS OF OTHER CARRIERS. tember 11, 2001.’’; by reason of the enactment of this Act. (a) IN GENERAL.—Subchapter I of chapter (3) in subsection (b), by adding at the end (f) EXERCISE OF AUTHORITIES.—Except as 417 is amended by adding at the end the fol- the following new paragraphs: otherwise provided by law, an officer or em- lowing: ‘‘(4) DAMAGES.—If any party to any action ployee of the Transportation Security Ad- ‘‘§ 41722. Requirement to honor passenger brought under this subsection is determined ministration may, for purposes of performing tickets of other carriers to be liable— a function transferred by this Act or the ‘‘(A) no damages in the aggregate ordered amendments made by this Act, exercise all ‘‘Each air carrier that provides scheduled by the court to be paid by such party shall authorities under any other provision of law air transportation on a route shall provide, exceed the amount of insurance, minus any that were available with respect to the per- to the extent practicable, air transportation payments made pursuant to a court approved formance of that function to the official re- to passengers ticketed for air transportation settlement, which such party is determined sponsible for the performance of the function on that route by any other air carrier that to have obtained prior to September 11, 2001, immediately before the effective date of the suspends, interrupts, or discontinues air pas- and which is determined to cover such par- transfer of the function under this Act. senger service on the route by reason of an ty’s liability for any damages arising out of act of war or terrorism or insolvency or (g) ACT DEFINED.—In this section, the term the hijacking and subsequent crashes of ‘‘Act’’ includes the amendments made by bankruptcy of the carrier.’’. American Airlines flights 11 or 77, or United ONFORMING AMENDMENT.—The analysis this Act. (b) C Airlines flights 93 or 175, on September 11, for such subchapter is amended by adding at SEC. 118. BUDGET SUBMISSIONS. 2001; the end the following: The President’s budget submission for fis- ‘‘(B) such party shall not be liable for in- cal year 2003 and each fiscal year thereafter ‘‘41722. Requirement to honor passenger tick- terest prior to the judgment or for punitive shall reflect the establishment of the Trans- ets of other carriers.’’. damages intended to punish or deter; and portation Security Administration. SEC. 123. SENSE OF CONGRESS ON CERTAIN ‘‘(C) the court shall reduce the amount of AVIATION MATTERS. SEC. 119. AIRCRAFT OPERATIONS IN ENHANCED damages awarded to a plaintiff by the CLASS B AIRSPACE. (a) FLIGHT SERVICE STATION EMPLOYEES.— amount of collateral source compensation Notice to Airmen FDC 1/0618 issued by the It is the sense of Congress that the Adminis- that the plaintiff has received or is entitled Federal Aviation Administration, and any trator of the Federal Aviation Administra- to receive as a result of the terrorist-related other regulation, order, or directive that re- tion should continue negotiating in good aircraft crashes of September 11, 2001. stricts the ability of United States reg- faith with flight service station employees of ‘‘(5) ATTORNEYS’ FEES.—Reasonable attor- istered aircraft to conduct operations under the Administration with a goal of reaching neys’ fees for work performed in any action part 91 of title 14, Code of Federal Regula- agreement on a contract as soon as possible. brought under this subsection shall be sub- tions, in enhanced class B airspace (as de- (b) WAR RISK INSURANCE.—It is the sense of ject to the discretion of the court, but in no fined by such Notice), shall cease to be in ef- Congress that the Secretary of Transpor- event shall any attorney charge, demand, re- fect beginning on the 10th day following the tation should implement section 202 of the ceive, or collect for services rendered, fees in date of the enactment of this Act, unless the Air Transportation Safety and System Sta- excess of 20 percent of the damages ordered Secretary of Transportation publishes a no- bilization Act (Public Law 107–42) so as to by the court to be paid pursuant to this sub- tice in the Federal Register before such 10th make war risk insurance available to ven- section, or in excess of 20 percent of any day reimposing the restriction and explain- dors, agents, and subcontractors of general court approved settlement made of any ing the reasons for the restriction. aviation aircraft. claim cognizable under this subsection. Any (c) TRANSPORT OF ANIMALS.—It is the sense SEC. 120. WAIVERS FOR CERTAIN ISOLATED COM- attorney who charges, demands, receives, or MUNITIES. of Congress that an air carrier that trans- collects for services rendered in connection ports mail under a contract with the United (a) IN GENERAL.—In any case in which a re- with such claim any amount in excess of striction is imposed on an air carrier (as de- States Postal Service should transport any that allowed under this subsection, if recov- fined in section 40102 of title 49, United animal that the Postal Service allows to be ery be had, shall be fined not more than States Code) for reasons of national security shipped through the mail. $2,000 or imprisoned not more than one year, by any government agency, the Under Sec- (d) SCREENING.—It is the sense of Congress or both.’’; retary of Transportation for Security may that the Under Secretary of Transportation (4) by amending subsection (c) to read as grant a waiver from such restrictions for the for Security should require, as soon as prac- follows: carriage of cargo, mail, patients, and emer- ticable, that all property carried in a pas- ‘‘(c) EXCLUSION.—Nothing in this section gency medical supplies (and associated per- senger aircraft in air transportation or shall in any way limit any liability of any sonnel) on flights to or from a community intrastate air transportation (including person who— that is not accessible by road, or that is checked baggage) be screened by any cur- ‘‘(1) hijacks any aircraft or commits any more than 200 miles, from a hub airport (as rently available means, including X-ray ma- terrorist act; or defined in section 41731 of such title). chine, hand-held metal detector, explosive ‘‘(2) knowingly participates in a conspiracy (b) REVIEW AND DISAPPROVAL.—Any grant detection system equipment, or manual to hijack any aircraft or commit any ter- of a waiver by the Under Secretary under search. rorist act.’’; and this section shall be subject to review and (e) CONTRACTS FOR AIRPORT SECURITY (5) by adding at the end the following new disapproval by the Transportation Security SERVICES.—It is the sense of Congress that, subsections: in awarding a contract for airport security Oversight Board. ‘‘(d) DISCLAIMER.—Nothing herein implies services, the Under Secretary of Transpor- (c) LIMITATIONS.—The Board may impose that any person is liable for damages arising reasonable limitations on any waiver grant- tation for Security should, to the maximum out of the hijacking and subsequent crashes ed under this section. extent practicable, award the contract to a of American Airlines flights 11 or 77, or firm that is owned and controlled by a cit- SEC. 121. ASSESSMENTS OF THREATS TO AIR- United Airlines flights 93 or 175, on Sep- PORTS. izen of the United States. tember 11, 2001. Section 44904 is amended by adding at the TITLE II—VICTIMS COMPENSATION ‘‘(e) STATE DEFINED.—In this section, the end the following: SEC. 201. LIMITATION ON LIABILITY FOR DAM- term ‘State’ means any State of the United ‘‘(d) PASSENGER VEHICLES.— AGES ARISING OUT OF CRASHES OF States, the District of Columbia, the Com- ‘‘(1) THREAT ASSESSMENT.—An operator of SEPTEMBER 11, 2001. monwealth of Puerto Rico, the Northern an airport with scheduled passenger service, Section 408 of the Air Transportation Safe- Mariana Islands, the United States Virgin Is- in consultation with appropriate State or ty and System Stabilization Act (Public Law lands, Guam, American Samoa, and any local law enforcement authorities, may con- 107–42; 115 Stat. 240; 49 U.S.C. 40101 note) is other territory of possession of the United duct a threat assessment of the airport to amended— States or any political subdivision of any of determine whether passenger vehicles should (1) by amending the section heading to the foregoing.’’. be permitted to park within 300 feet of the read as follows: The motion was agreed to. airport terminal building. ‘‘SEC. 408. LIMITATION ON LIABILITY FOR DAM- ‘‘(2) REMOVAL OF CERTAIN RESTRICTIONS.—If AGES ARISING OUT OF CRASHES OF The Senate bill was ordered to be the airport operator, after consultation with SEPTEMBER 11, 2001.’’; read a third time, was read the third the appropriate State or local law enforce- (2) by amending subsection (a) to read as time, and passed. ment authorities, determines that safe- follows: A motion to reconsider was laid on guards are in place to sufficiently protect ‘‘(a) GENERAL LIMITATION OF LIABILITY.— public safety and so certifies, in writing, to Except as provided in this section, no Fed- the table. the Secretary of Transportation, any rule, eral court or agency or State court or agen- A similar House bill (H.R. 3150) was order, or other directive of the Secretary cy shall enforce any Federal or State law laid on the table.

VerDate 06-NOV-2001 03:00 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.016 pfrm02 PsN: H06PT1 H7772 CONGRESSIONAL RECORD — HOUSE November 6, 2001 APPOINTMENT OF CONFEREES work force have allowed guns and Mr. DEFAZIO. Mr. Speaker, I thank Mr. YOUNG of Alaska. Mr. Speaker, I knives through security checkpoints. the gentleman for yielding time. I ask unanimous consent that the House The FAA has had to step in, and in one share the sentiments of the chairman insist on its amendment to the Senate incident reported in the course of de- of the committee that we should en- bill, S. 1447, and request a conference bate last Thursday at JFK Airport, had gage the Senate immediately and ag- with the Senate thereon. to take people off airplanes, put them gressively and get a bill done this The SPEAKER pro tempore. Is there back in the terminal, search the air- week. I do not believe that we can do objection to the request of the gen- craft, review all passengers once again, any less for the American people. We tleman from Alaska? and delay flights for hours. That is un- are coming up on what is traditionally There was no objection. acceptable, to say the very least. the busiest travel time of the year, MOTION TO INSTRUCT OFFERED BY MR. We have assurances from the admin- Thanksgiving, but we have yet to enact OBERSTAR istration that it was not necessary to any more comprehensive measures on Mr. OBERSTAR. Mr. Speaker, I offer pass the bill that originated in the the issue of aviation security since the a motion to instruct conferees. other body and sent to the President, attacks on September 11. The Clerk read as follows: because the House and the Senate both Mr. Speaker, we acted with great dis- Mr. OBERSTAR moves that the managers on could act quickly to resolve their dif- patch, although I did not support the the part of the House at the conference on ferences and that we would have a reso- legislation, to provide financial sup- the disagreeing votes of the two Houses on lution of this issue within a week. port to the industry. At that time, I at- the House amendment on the bill (S. 1447), to Well, that week is nearing its close. tempted on a motion to recommit to improve aviation security, and for other pur- Conferees should have been appointed include some security measures, and poses, be instructed to make every effort to last week before we concluded. resolve all differences between the two although a substantial number voted Houses as soon as possible, and no later than I asked the majority leader late in for that, it did not pass. But here we Friday, November 9, 2001. the evening when conferees would be are now almost 2 months later, still named, and he said, well, it would be The SPEAKER pro tempore. Pursu- waiting. done first thing in the week. Well, this ant to clause 7 of rule XXII, the gen- When I was flying out to Oregon on is first thing in the week. We have a lot tleman from Minnesota (Mr. OBERSTAR) Friday, I was on a plane with a number of ground to cover. Conferees need to and the gentleman from Alaska (Mr. of first responders, firefighters and be named. We have to move quickly to YOUNG) each will control 30 minutes. medics who had been back here at the get a bill through conference and The Chair recognizes the gentleman fire academy; and they were all sitting through both bodies and to the Presi- from Minnesota (Mr. OBERSTAR). on the aisle, they were together, but Mr. OBERSTAR. Mr. Speaker, I yield dent, and we have a big mountain to they were all sitting along the aisle. climb. myself such time as I may consume. And I said, you guys are all together, Mr. Speaker, I reserve the balance of Mr. Speaker, we had a very lively and but you are not sitting together. They my time. said, no, we are ready here on the aisle. in-depth debate last week on the avia- Mr. YOUNG of Alaska. Mr. Speaker, I If someone comes down this aisle, they tion security measure pending before yield myself such time as I may con- us, and I again wish to express my ap- sume. are not getting past us to the flight preciation to the chairman for the dis- I appreciate the words of the gen- deck. Now, that kind of occurrence I think tinguished manner in which he con- tleman from Minnesota (Mr. OBERSTAR) ducted the debate on his side, and to and his role and his dedication to secu- many frequent flyers are hearing al- the chairman of the subcommittee, the rity. I too want to move this legisla- most every week. The passengers, the gentleman from Florida (Mr. MICA), for tion as quickly as possible. I do com- night crews, they are all making their the evenhanded manner in which the pliment him on the motion to instruct, own plans because they are waiting for debate was conducted. because we all want to get this job Congress to act. I am also very grateful for the kind done. They watched the debate last week. words that both gentlemen expressed Unfortunately, I cannot control ev- They are disappointed that we did not toward me and toward other Members erything that happens in this House, go and adopt legislation that could on our side at the conclusion of debate. although I would like to. I will tell my have been immediately signed by the I think that is the spirit in which this colleagues that up front. I cannot con- President. I had that flight crew tell body operates at its best. trol what the other body does. But I in- me they were very disappointed and Last week, it was widely agreed that tend myself, personally, to see if we they hoped that this week, finally, we needed to act on aviation security. cannot expedite this process, and that Congress would act. The same thing I We should have acted on the 14th. We means going to conference and working heard from the firefighters and many tried. We got a compensation bill to with the Senate conferees, with them other frequent flyers. We have to act the floor. It was objected to. hopefully having an open mind to the this week. We came back a week later on the proposal which passed this House over- There are a number of myths that 21st. We should then have, I think it whelmingly last week. came out last week about the provision was agreed that it would be ideal to I am confident that that can occur. I most in contention. It was alleged that have dealt with restoration of airline hope it will occur very rapidly. It is there would be 31,000 new Federal em- finances and security in the same mo- our intent to draft the perfect legisla- ployees. Well actually, if we federalize ment, in the same piece of legislation. tion for the security of the traveling the screeners, that would be 16,200; that For other reasons, that could not be public in the United States. is as many as there are now. There has done at the time. Again, we are doing what we can do been a concession on the other side Now, time has passed, and the issue in this House. I cannot speak for the that there will be a Federal security of- has become more complicated. other body, but we will do our job. ficer at every screening point, so we In the time since enactment of the With the working relationship I believe cannot add in the supervisors, the Airline Financial Stabilization pack- we have, we will be able to accomplish checkpoint law enforcement officers, age, which was necessary, we had to do that. and all the other things the CBO used that, but to get people back on air- Mr. Speaker, I reserve the balance of to get to this fantastical number of planes requires more than financially my time. 31,000. So we are arguing over the sta- stable air carriers. It requires travelers Mr. OBERSTAR. Mr. Speaker, I yield tus of 16,000 people. who are confident that when they 3 minutes to the gentleman from Or- Some are saying, perpetuate the sta- board an aircraft, they will arrive at egon (Mr. DEFAZIO), and I yield myself tus quo. Argenbright proved it again their destination safely. Those who 10 seconds to express my great appre- last weekend. The managers of that were white-knuckle flyers before Sep- ciation to the gentleman for his 15 company should be in jail and fired, tember 11 are now gripping their seats years of effort on aviation safety and not the employees necessarily. How in fear and concern for their lives. security issues and for his leadership in many times do they have to falsify doc- We have also seen highly publicized fashioning the legislation that we uments? How many times do they have incidents where the private screener crafted in committee. to hire known felons, maintain known

VerDate 06-NOV-2001 03:00 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.052 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7773 felons on staff, and run a slipshod orga- public will know that, in fact, when bility of aviation security from air- nization until we realize that these pri- they take to the air this holiday that, lines. All of the legislation that is pro- vate security companies are not get- in fact, these changes have been made. posed, House, Senate, Republican, and ting the job done. We have been training Federal air Democrat, does that. But it is impor- They have not gotten the job done marshals from the very beginning. This tant that beyond that that we do not for 30 years, and no amount of Federal Congress appropriated funds. That pro- focus just on the issue of establishing a oversight is going to get us there with gram, I am also pleased to announce, is huge bureaucracy. these same companies. It just is not well under way at the direction of the I think we need to look at these going to happen. These people are so President. issues carefully. We may need a few used to abusing the system with impu- b 1800 more days. However, I do support nity and profiting from it that they strongly the motion to direct the con- just want to perpetuate that. The President has also issued some ferees that is before us today. At the minimum, we should at least intervening directives, and those are in Mr. OBERSTAR. Mr. Speaker, I yield disqualify companies who commit felo- place. We have National Guard at most 2 minutes to the distinguished gen- nies from any further Federal contract, of our airport locations. We have se- tleman from Maryland (Mr. WYNN). and the bill does not even do that that cured, with both local law enforcement Mr. WYNN. Mr. Speaker, I thank the passed the House. and National Guard and Federal offi- gentleman for yielding time to me. Mr. YOUNG of Alaska. Mr. Speaker, I cials, our airports. Mr. Speaker, let me begin by ac- yield such time as he may consume to We have also put into place interim knowledging the gentleman’s hard the gentleman from Florida (Mr. MICA). rules. But the gentleman is right, these work, and as a matter of fact the hard Mr. MICA. Mr. Speaker, I am pleased are only interim solutions; and what work on both sides of the aisle. I think to come to the floor tonight and sup- we need is a long-term fix. both the chairman and the ranking port the motion to instruct conferees. I But I must say that for the American member worked very hard, and it was a think my colleagues on the minority people, and as far as security is con- well-intentioned effort. side, the Democrat side have a good cerned, for Thanksgiving and their Unfortunately, I have to take excep- motion to instruct conferees. I think travel for the holidays, we do not want tion to the product that the House we all want to see this question re- to deliver a turkey as far as aviation passed calling itself airport security. solved. The Congress wants to see it re- and transportation security legisla- Mr. Speaker, I strongly support the solved, and I know the House Members tion. We want a sound and a com- motion to instruct. I think we all do. here want to see it resolved. Most im- prehensive plan; and we want it sooner, We want to move quickly on this mat- portantly, the American people want rather than later. So I am pleased to ter, and certainly by the end of this to see aviation and transportation se- join my colleagues in that regard. week we ought to have it resolved. curity in place in time for Thanks- We introduced as a Congress in 1996 As I said, I do not believe the House giving. legislation to solve our aviation secu- product is the one that ought to be Let me respond to a couple of things rity problems, and it did not solve our adopted. We have seen a virtual litany that have been said. First, I want to problems. Again last year, this Con- of security breaches over the last thank the Democrat staff and the Re- gress acted with an aviation security months. We would think that after publican staff on the House side for al- bill, and that bill did not do the job. September 11, that the private agencies ready meeting, and I think they have President Bush has given us one di- that my Republican colleagues would met for some time and have begun to rective. He said that it may take a lit- like to rely on would have tightened up work together; and that shows the bi- tle bit longer, but he has put in place their ships. That has not been the case. partisan cooperation that is so nec- these interim measures that did work. On October 23 out of New Orleans, a essary to draft, again, a comprehensive In fact, they worked at O’Hare, if we gun was brought on. Last week, at Ken- solution to our aviation and transpor- look at the case of the problems in nedy Airport, there were massive tation security problems. I am very O’Hare. The redundancy did in fact breaches of security. Then this past pleased that they have met. work, and that is important to take weekend at Chicago Airport, a stun I am sorry that the Senate staff has note of, that these protections the gun, seven knives, and a can of mace, canceled several meetings to date, and President and the administration have through private security. I hope that they will come forward, be- put in place on a temporary basis have Mr. Speaker, my colleague interest- cause we do not want to delay. worked. ingly says this redundancy at O’Hare I know we have some question right We are not here to frighten the shows that the system worked. Let me now about the number of conferees American people. We are telling them pose a question: What if the person who being appointed, and I think that that that we are here to do a responsible got through the first level of private is important to resolve. The House is and comprehensive job. We are not here security had used those weapons, those ready to go to work. I know the Demo- to sprinkle parsley around the turkey knives, that stun gun, that mace? We crat side is ready, and the Republican and say that this is a job well done, could have had the loss of life. We conferees stand ready, and I hope that this is a beautiful piece of work. Every- could have had serious injury. The fact Members in the other body will resolve one knows beyond the turkey that has of the matter is, private security has their differences and get their con- been sprinkled with parsley that it did not worked. ferees here as soon as possible. So I not do the job. If we want good screeners, we have to think this is a timely resolution, and I As far as the issue of the number of have good pay. We have to have bene- commend the minority for bringing it baggage screeners, I did not rate the fits. It is clear that private companies, forward. other body’s bill, the Congressional looking at the bottom line, will not There are some questions about secu- Budget Office did. They came up with provide this kind of pay, this kind of rity in the interim, and I am pleased to the number of 31,000. benefit, and provide us with the kind of be here tonight to say that these ques- I would venture to say that if we quality screeners that we need. tions need to be answered. The Amer- take the legislation that we passed, If airport screening is truly an im- ican people need to know that this with even stronger checked-baggage portant job, and it absolutely is, we President and this administration have screening requirements, and if we had should have Federal employees out of acted with due speed. Soon this week passed that with the Senate language, the Justice Department performing there will be an announcement that al- we would have a huge bureaucracy in- this task. most every major aircraft in the coun- volved in this. Members will hear that we ought to try has already had the cockpit doors Do the American people want a huge adopt the European model. Clearly, the secured; that, in fact, the President bureaucracy, or do they want aviation European model is not comparable. In acted, and the Congress actually set up security? That is really the question at Europe, each country perhaps has two a program, and the airlines will be re- hand. or three airports. In this country, we imbursed for this cost, but the airlines We want a comprehensive plan. We have ten times that many. We cannot also acted with speed. So the flying take away the question and responsi- compare ourselves with the European

VerDate 06-NOV-2001 03:00 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.055 pfrm02 PsN: H06PT1 H7774 CONGRESSIONAL RECORD — HOUSE November 6, 2001 model that in fact has not worked as ism. The longer it takes to implement can blame everyone; but believe me, efficiently as some of my Republican effective security measures in our air- this is why we have to pass a new avia- colleagues would suggest. ports, the longer people will stay out of tion security bill as quickly as pos- What we do know is this: eighty-two the air and the longer people will stay sible, to protect the American people percent of the American public wants a away from tourist destinations. Busi- from things like this. federalized security force. The Senate nesses will continue to suffer, and un- Mr. YOUNG of Alaska. Mr. Speaker, I voted 100 to nothing for security at a employment will continue to rise. yield myself such time as I may con- Federal level. We ought to adopt a fed- It is time that the House answers the sume. eralized security system, and we ought call of our constituents who are de- In somewhat of a response, let us to do it quickly. manding airline security and pass leg- keep in mind that, unfortunately, we Mr. YOUNG of Alaska. Mr. Speaker, I islation as soon as possible. keep talking about the past. We all yield 1 minute to the gentleman from Mr. YOUNG of Alaska. Mr. Speaker, I admit, including Secretary Mineta, Florida (Mr. MICA). yield 1 minute to the gentleman from President Bush, and myself, the chair- Mr. MICA. I appreciate the gen- Florida (Mr. MICA). man of the subcommittee, that the ex- tleman yielding time to me, Mr. Mr. MICA. Mr. Speaker, I thank the isting system does not work. What we Speaker. gentleman for yielding time to me. are trying to do is pass the best system Just to respond about the O’Hare in- Mr. Speaker, let me just say that the that will work. cidents, as we look into the O’Hare in- House legislation, and our proposal, I said it last week and I will say it this week: if I thought for one moment cident, we find first of all Federal offi- calls for Federal takeover of airport se- that the so-called bill from the other cials failed to detect this individual curity. We admit there are defects in body, I am not going to say whatever it who was here on an expired visa. We the present system and that no longer was, if I thought it would do a better find that Federal officials failed and let will the airlines, under our legislation, job than what we have been able to put go this individual after he committed handle the issue of airport security. together, the gentleman from Min- these violations. Actually, he was ar- The House proposal also requires nesota (Mr. OBERSTAR) and myself, the rested when he came back. Federal supervision of the screening gentleman from Florida (Mr. MICA), We also find that Federal officials process and the whole security plan. then I would have been supporting the failed because Federal officials are the The Federal background checks are other bill. It is that simple. ones that decided on the level of tech- also required under our legislation, I hope we keep this on a level playing nology, and the level of technology Federal testing and Federal oversight. field tonight. In fact, what we are try- now deployed is flawed. We have even Let me just read from what the gen- ing to do, and why I support the mo- better technology that will detect all tleman who I consider an expert, tion, is we are trying to expedite the kinds of weapons. James E. Hall, chairman of the Na- process and send a message to the Sen- Mr. Speaker, as I said in the debate tional Transportation Safety Board ate to get off what they had, because in last week, we can have someone with a from 1994 until earlier this year, just my heart, it will never happen on my Ph.D. If we have X-ray technology of said. watch, 100 percent their bill, because it the 70s and 80s, we cannot detect. That He said, ‘‘Far too much time has does not do the job. is part of the problem. been spent on the issues of screeners. I want good security. We have a good Mr. OBERSTAR. Mr. Speaker, I yield We have got to address everything in product. We will go to conference. If 2 minutes to the distinguished gentle- the system.’’ they can improve it for better security, woman from Nevada (Ms. BERKLEY), a A comprehensive plan is so impor- then I will support it. But I am not in member of our committee. tant. That is what we need to develop. this business just to make the talk Ms. BERKLEY. Mr. Speaker, I thank We need to do it in a hurry. That is shows on Sunday. A lot of that has the gentleman for yielding time to me. why I support the motion before us. been going on. I think that is not good Mr. Speaker, I rise today in support Mr. OBERSTAR. Mr. Speaker, I yield for either body. Let us get the security of this motion to instruct conferees, 2 minutes to the distinguished gen- that is necessary for the traveling pub- Mr. Speaker. Aviation security is na- tleman from Illinois (Mr. LIPINSKI), lic. tional security, and our government ranking member of our Subcommittee Mr. Speaker, I reserve the balance of has the ultimate responsibility to en- on Aviation. my time. sure our national security. Mr. LIPINSKI. Mr. Speaker, I wanted Mr. OBERSTAR. Mr. Speaker, I yield Last week, at the very time when we to get back to this O’Hare situation, myself 45 seconds. were debating this bill on the floor, the Mr. Speaker, that the chairman of the I think we have the same goals at FAA closed one of the terminals at subcommittee were talking about. heart, but we cannot ignore what is JFK Airport after screeners were al- The gentleman volunteered at secu- happening. I realize that the chairman lowing passengers to enter the con- rity that he had two knives. They put says this is in the past. We can only course without being adequately his bag through the X-ray machine; talk about what is in the past. If we checked. and they did not find the mace, the talk about what is going to happen in the future, people will say we are just Yesterday, screeners allowed a man stun gun, or the other four knives. speculating. to bring seven knives and other weap- He goes up to the counter or the gate But look what happened today. Our ons through a security checkpoint at at United. They were warned ahead of colleague, the gentleman from Cali- O’Hare International Airport. time that he bought a one-way ticket fornia (Mr. WAXMAN), reported a This system is broken. Passengers with cash, so they do stop him. They do woman boarding a flight at Dulles Air- and baggage screeners are the front talk to him. They then discover all of port was unaware that her boarding line of law enforcement in our airports. these other items. pass had been mistakenly issued in a Law enforcement is a public responsi- Now, he also had a checked piece of man’s name. Her name is Maryann. bility. Highway troopers are public em- luggage. No one bothered to go through The boarding pass was issued to Lester, ployees, not subcontractors of the road that checked piece of luggage. It was with a different last name. building industry. When we call 911, we put through a machine all right, but no Maryann showed her photo ID at are calling public law enforcement. one bothered to go through it. three checkpoints. No screening com- Firefighters, police, and emergency He, because of all the confusion and pany employee noticed the difference personnel are public, not private, em- everything going on regarding him, between the ID and the boarding pass. ployees. misses his flight to Omaha. His Mr. Speaker, these things keep hap- The current system of contracting checked piece of luggage goes on that pening. The idea of a piece of luggage out to the lowest bidder is unaccept- plane to Omaha. going on an airplane without the pas- able and irresponsible. Restoring the Now, to me that is a total breakdown senger on board is a repetition of Pan public’s confidence in aviation safety in the existing system that we have. Am 103. Unacceptable. and getting people back in the planes We can blame the airlines, we can Mr. Speaker, I yield 2 minutes to the are extremely important to Las Vegas blame portions of the Federal Govern- distinguished gentlewoman from the and other cities that depend on tour- ment, we can blame the screeners, we District of Columbia (Ms. NORTON).

VerDate 06-NOV-2001 03:00 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.056 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7775 Ms. NORTON. Mr. Speaker, I thank Let us go to conference and see if we Just a few days ago, a man clears the the gentleman for yielding time to me. can solve this problem; but I also urge security checkpoints at O’Hare Airport Mr. Speaker, unacceptable is what my colleagues to talk to the other with knives, mace and a stun gun; and this bill is; but I rise to support the body and suggest that since they have once again, we have done nothing. motion to instruct and am pleased to their feet dug in concrete, it is going to Our unwillingness to move on this see that we can get bipartisanship on be a little difficult. But what we did issue has put the safety of American something on this motion to instruct. last week was the right thing to do, people in extreme peril. It is clear the Mr. Speaker, we do need quick reso- was the right thing for the public, and current system does not work. lution of this matter; but we have dug it will be the right thing for the public The bill we passed in the House last ourselves a hole, because if we look at in the future, not only today but in the week does not call for Federal law en- the way the Congress has voted over- future. forcement personnel to be entrusted whelmingly, the Congress has voted Mr. Speaker, I yield 1 minute to the with aviation security. Only the Sen- against the House bill. If we put the gentleman from Florida (Mr. MICA). ate version does. The House bill simply calls for the Senate together with the House Demo- Mr. MICA. Mr. Speaker, I thank the oversight of private firms that have al- crats, how are we going to get some gentleman from Alaska (Mr. YOUNG) ready proven themselves incapable of kind of compromise? My hat is off to for yielding the time, and I think if doing the job. It is time to face the those who try, but we must do so. anyone looks at the proposal that was facts. The underpaid, undermotivated, We must do so in no small part be- developed by the other side of the House and by the Republicans, it was undervetted security personnel are not cause this industry is failing because getting the job done. people will not get in planes. Why almost identical, and most of it dealt with solving the problems that we see; We found out the hard way that the should they? People want one system. status quo was totally inadequate. The reason they want Federal employ- and these problems will continue to re- occur, and we should not panic every Fool us once, shame on them. Fool us ees is they think they will get one sys- twice, shame on us. tem. day. I did say that the President put in The immediate Federal enforcement b 1815 place a redundant system and the re- of the safety in our skies is required, dundant system worked. United Air- and the Senate version of this bill ac- This industry is failing at a time complishes just that. We have dawdled when it was already in trouble and lines employees in their screening process, final screening process, de- long enough. Let us go to conference when the latest unemployment figures and pass legislation that achieves the tell us that the whole Nation is in tected this; but it did point out that the equipment, and I have a complete goal which we all share: the safety and trouble. We knew the unemployment security of the flying public. chronology of what took place at figures would be bad. They are much Mr. YOUNG of Alaska. Mr. Speaker, I O’Hare, but the equipment, after again worse than we thought they would be. reserve the balance of my time. Getting people into these planes, giv- this luggage was placed through a sec- Mr. OBERSTAR. Mr. Speaker, I yield ing them the confidence to get into ond time, did not detect the weapons 2 minutes to the distinguished gen- these planes is indeed just the kind of even at that point. The FAA set the pa- tleman from Tennessee (Mr. FORD). stimulus we need. We need it before rameters for that equipment, and that Mr. FORD. Mr. Speaker, the picture Thanksgiving. What has happened to is why it is so important that the is clear: our airlines and airports sim- the District of Columbia is going to House legislation puts in place that ply lack the capacity and funding to happen to your town as well. When peo- rules be adopted. fulfill this vital police function. ple will not get in planes, then tourism Mr. OBERSTAR. Mr. Speaker, may I We have heard it from all of our col- goes down. inquire of the Chair the time remain- leagues at Louis Armstrong Airport Virtually every place, large and ing on both sides? where a man boarded a plane with a The SPEAKER pro tempore (Mr. small, in the country today is a tourist gun, learned in midair he had a re- LAHOOD). The gentleman from Min- destination. If my colleagues have a volver in his briefcase which sensibly nesota (Mr. OBERSTAR) has 151⁄4 min- rock in their district then it is a tour- or I guess presumably ran through the utes remaining, and the gentleman ist destination, but nobody is coming security checkpoint. At O’Hare Airport from Alaska (Mr. YOUNG) has 17 min- there. yesterday and certainly at JFK not utes remaining. Our tourism industry is flat, broken long ago where the entire concourse Mr. OBERSTAR. Mr. Speaker, I yield was closed, all of this underscores the down, gone, because of fear of flying. 2 minutes to the distinguished gen- What will it take to get people in the urgent need for increased security tleman from New York (Mr. CROWLEY). measures. air? What will it take to get them to Mr. CROWLEY. Mr. Speaker, I rise in the pre-September 11 notion that they My colleague, the gentleman from strong support of the motion to in- Alaska (Mr. YOUNG), whom I have great can fly wherever they want to? We struct conferees. respect for, has indicated he cannot in have got to get to the notion that we Mr. Speaker, I am appalled. It has any way sign on to a federalization or have a bill that means they are safe. been 7 weeks since the tragic events of what the Senate 100 to zero, all Repub- We have got to fix this bill with Fed- September 11, and we have yet to make licans and all Democrats, supported. eral employees. We have got to let this any concrete progress in the House to He simply cannot support that legisla- bill fly, but it must fly right. instill the confidence in our aviation tion. Mr. YOUNG of Alaska. Mr. Speaker, I system that American travelers re- Let me remind all of my colleagues yield myself such time as I may con- quire and deserve. that federalization is nothing more sume. While we stand here in this Chamber than a word for uniformity here: uni- I would like to remind people we did bickering over agency jurisdiction, the formity in training, standards and pass this bill with 269, I believe, votes need to federalize and funding con- equipment. I do not suggest that my in the House and that is an over- cerns, our aviation security apparatus colleagues on the other side are driven whelming majority. I am very proud of continues to be breached at will. by anything other than a desire to fix that; and again, I will say and repeat it On September 11, 19 hijackers airport security installations, but how again and again: just to do something boarded American airliners which led asinine and revolting to hear my to have a charade conveyed upon the to the murder of thousands of innocent friends and colleagues in this Chamber people I will not be part of, just to say Americans. What has the House done in suggest that someone on this side, in- we passed something and say it does response to improve aviation security? cluding the 49 Republicans in the Sen- something when it does not do it. I am Absolutely nothing yet. ate, are motivated by nothing more not going to rehash what happened last Seven Dulles Airport employees than an effort to increase political rev- week in the sense that the other body’s failed a test initiated by airport secu- enue and political support. bill does not do it, and we do a dis- rity officials, allowing weapons The generous and legal contributions service when we sell something to the through the heightened security check- that we enjoy from unions and my col- public that is not really factually point. How did we react? We did not do leagues enjoy from these private com- doing what we say it does. anything. panies, none of that should influence

VerDate 06-NOV-2001 03:00 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.059 pfrm02 PsN: H06PT1 H7776 CONGRESSIONAL RECORD — HOUSE November 6, 2001 the outcome of legislation, and we were not training their people, when product we put together, that will give should separate that from this debate. the Inspector General of the Depart- us good security. If we want to fix that problem, let us ment of Transportation went to Dulles I even got my voice a little high this pass campaign finance, but we are here Airport, they found 87 percent of the time. It must be the microphones. That today to discuss a motion to instruct people that had been hired by is all I can suggest. the conferees. Argenbright, a British firm, I am sure Mr. Speaker, I reserve the balance of I have heard some of my colleagues they want to do the right thing, but my time. on the other side say, well, private they had hired 87 percent not U.S. citi- Mr. OBERSTAR. Mr. Speaker, what companies are able to protect nuclear zens. It is almost impossible to do ade- is the time remaining on both sides? reactors, where there is secondary as quate background checks. A number of The SPEAKER pro tempore. Fifteen well as back-up and increased back-up them will be illegal felons, and a num- and a half minutes for the gentleman measures to ensure that those private ber of them had not received any train- from Alaska (Mr. YOUNG); 9 minutes for companies have no access to what hap- ing. And yet we go back and we entrust the gentleman from Minnesota (Mr. pens at those nuclear reactors. the security of the people of the United OBERSTAR). Under the rules, the gen- I close on this note. For the first States to these very same firms in the tleman from Minnesota has the right time in a long time the Congress is ac- House bill. And then over the weekend to close. Mr. OBERSTAR. Mr. Speaker, I yield tually viewed favorably by the public. we find this guy, this Indiana Jones 1 minute to the distinguished gentle- The week after the attacks on Sep- character with knives, with stun guns, woman from California (Ms. SOLIS). tember 11, we acted as a body together. with mace getting on to a plane having Ms. SOLIS. Mr. Speaker, I rise today We stood on the steps and sang ‘‘God gone through the same Argenbright se- also in support of the motion to in- Bless America’’ and came together to curity system, the same system to struct. And, specifically, I would like support our President here in this which the House would entrust the se- to voice my strong support for this sec- Chamber. Let us not revert to the days curity of the public that wants to use tion that would strike an egregious im- in which we were viewed so unfavor- our airlines. migration provision in the Senate ably by the public. Let us have an air- We have more flights going out of the version of the bill. In essence, the cat- port security bill that protects the airport at our Nation’s capital, but it egory that would be created would re- public. We have a Capitol Hill Police, a is not the number of flights. It is the quire that anybody hired as a baggage Secret Service, security for cabinet number of passengers on those flights. screener to be a U.S. citizen and then members. All of them are Federal law And there are not a sufficient number wait 5 years to be able to be approved enforcement officials. The public de- of passengers. as one of those screeners. serves the same at our airports. Our airlines are going broke because I think this sets a double standard. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the American public understands what We do not currently do that for Mem- The SPEAKER pro tempore. The the majority of the House seems unpre- bers of Congress or Senators. Why Chair would remind Members not to at- pared to accept. It is not safe to fly on should we create a double standard tribute motives to the Senate. airlines unless we have professional Mr. YOUNG of Alaska. Mr. Speaker, I there? people. I do not believe that the other Cham- reserve the balance of my time. All we were trying to do is to have Mr. OBERSTAR. Mr. Speaker, could I ber intentionally meant to segregate professional people, adequately inquire of my distinguished chairman one class of citizens over the other; and trained, adequately compensated with how many speakers are on the other if this immigration provision is in- sufficient background checks. It is the side? cluded in the aviation security con- Mr. YOUNG of Alaska. Mr. Speaker, weakest link in our system. It has got ference report, it would be a terrible we probably have one closing state- to stop. The Senate bill repairs that precedent; and I view it as unconstitu- ment by myself or the gentleman from leak. We should pass the Senate bill. tional. Obviously, we should pass this resolu- Florida (Mr. MICA) and that is it. I would request that we remove that Mr. OBERSTAR. Mr. Speaker, they tion because we need security at our provision and that we vote for this mo- are a little sparse on the other side. Nation’s airports and we need it now. tion to instruct. Mr. YOUNG of Alaska. Mr. Speaker, Mr. YOUNG of Alaska. Mr. Speaker, I Mr. YOUNG of Alaska. Mr. Speaker, I no, we know we are on the right side yield myself such time as I may con- reserve the balance of my time. and we are not doing some of the other sume. Mr. OBERSTAR. Mr. Speaker, I yield things that are being done. The gen- Mr. Speaker, I sometimes wonder 1 minute to the distinguished gen- tleman knows what I am talking what it is on that side of the aisle that tleman from Maine (Mr. ALLEN). everybody has to yell. That disturbs about. b 1830 Mr. Speaker, I reserve the balance of me. Is there a microphone breakdown my time. somewhere? Mr. ALLEN. Mr. Speaker, I rise in Mr. OBERSTAR. Mr. Speaker, the Mr. MORAN of Virginia. Mr. Speak- support of the motion to instruct. gentleman is on the right-hand side of er, will the gentleman yield? What we have here across the country this Chamber; that is true. Mr. YOUNG of Alaska. No, I will not is a system with private companies hir- Mr. Speaker, I yield 2 minutes and 20 yield. ing people at the lowest possible wages seconds to the gentleman from Vir- Mr. Speaker, I cannot understand it with no benefit. The system is broken, ginia (Mr. MORAN). because I can hear them perfectly well, it does not work, and the public knows Mr. MORAN of Virginia. Mr. Speak- and I think they can hear me. that. er, I cannot understand why we can be Maybe sometimes when there is a lot For example, the turnover in these so nonchalant about what happened of noise, maybe there is, what I call a screening positions is 126 percent a over the weekend. It should be a red cumulation of facts. year. That means the average screener flag. Our bill says nothing, nothing about is on the job for 9 months. It is not pos- After having debated an entire day keeping the same contractors. Our bill sible to have a well-trained, well-edu- and narrowly passing a bill at great sets high standards. Our bill requires cated work force with that kind of contradiction with what the Senate new standards. Our bill requires fed- turnover. passed 100 to nothing, deciding to give eralization. I just do not quite under- At the root of this debate is a deep responsibility for the security of the stand why people will not accept that and profound suspicion of the Federal people who fly in our Nation’s airlines fact. If one truly has read the bill that Government. For 20 years, my friends to the very same firms that are now re- was proposed last year and some would on the other side have been pounding sponsible for that security. Apparently suggest we accept; and one truly be- away at the Federal Government and it was a victory for that industry, a lieves that will give you security, then Federal employees, and now we need $700 million a year industry. But look God bless you. those employees. This job needs to be what happened over the weekend. If one looks at what the gentleman one where we have well-trained, profes- The very firm that has already got- from Minnesota (Mr. OBERSTAR) and I sional Federal employees protecting ten fined over $1 million because they have been able to do, and the work the public.

VerDate 06-NOV-2001 03:00 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.061 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7777 I will just end by saying that in Port- that and realize that we do have a Mr. OBERSTAR. I will have two land, Maine, where I come from, they problem. speakers on our side, and we have 3 have not been able to hire enough secu- Mr. OBERSTAR. Mr. Speaker, I yield minutes left. rity screeners to deal with the crush of 1 minute to the distinguished gen- Mr. YOUNG of Alaska. Mr. Speaker, people because they pay $7.50 an hour tleman from Chicago, Illinois (Mr. how many minutes do I have left? and they will not pay a penny more. It RUSH). The SPEAKER pro tempore. The gen- needs to change. Mr. RUSH. Mr. Speaker, I thank the tleman from Alaska (Mr. YOUNG) has Mr. OBERSTAR. Mr. Speaker, I yield gentleman for yielding me this time, 151⁄2 minutes remaining. 1 minute to the gentlewoman from and I rise in support of the Democratic Mr. YOUNG of Alaska. Mr. Speaker, I California (Mrs. TAUSCHER). motion to instruct conferees. yield 3 minutes to the gentleman from Mrs. TAUSCHER. Mr. Speaker, I rise Mr. Speaker, the American people Florida (Mr. MICA). in strong support of the Democratic will not allow themselves to be bam- Mr. MICA. Mr. Speaker, we all want motion to instruct conferees to con- boozled. I know the airlines are not comprehensive aviation security legis- vene and complete a conference by this safe. Every Member of this body knows lation. Some of the things that have been Friday, November 9. I was hopeful that the airlines are not safe. The American said may play well on television or the House would pass the Senate people know that the airlines are not with the media. I hope they are not version of the airport security legisla- safe. The American people are demand- really meant to make the public feel tion last week so a conference could be ing that the Congress, this body, make that it is unsafe to fly. avoided and the President could have our airlines safe again. And allowing I have outlined what this administra- signed a comprehensive bill by now. private companies to screen and search tion has done. The President has put in Now that a conference is convening, I our bags is totally unacceptable. The place directives, and this week almost am hopeful that conferees will strike American public deserves better than every major passenger aircraft in the the provision requiring that airport se- simple excuses. country will have the cockpit doors se- curity screeners must be a citizen for 5 Airline safety is a national security cured. The President has ordered our years before being eligible for employ- issue that deserves national security air marshals to be trained; they are ment. We should not have a double responses. The way to accomplish this being trained. Other law enforcement standard for U.S. citizens that creates is simple: We must federalize our air- personnel are being assigned to our air- different levels of citizenship. port security. There must be clear lines craft. Secretary Mineta has announced Mr. Speaker, we do not require peo- of accountability, and this cannot be a zero tolerance policy. That is why we ple seeking to serve in our military or delegated to the private sector. have had the redundancy in place. join the National Guard to be citizens Mr. Speaker, Christmas is upon us. Even if we adopted the Senate’s plan for a certain period of time to be eligi- America’s families want to travel to employ some 31,000 new Federal em- ble. I might add that the National home and they must have safe and se- ployees, it will take 3 to 5 years to Guard is serving on the front line of cure air travel. train them and get them in place. We airport security today, posted next to Mr. OBERSTAR. Mr. Speaker, I yield need an interim plan. the screeners and heavily armed. Once 1 minute to the distinguished gen- We all agree that the current system someone becomes a U.S. citizen, they tleman from New Jersey (Mr. HOLT). does not work. No one is proposing we are a citizen, period. Mr. HOLT. Mr. Speaker, I thank the keep the current system. We are all Mr. Speaker, clearly the latest secu- gentleman for yielding me this time, proposing that the Federal Govern- rity breaches highlight the need to and I rise in strong support of his mo- ment take over that responsibility. So make radical and swift changes to our tion to instruct conferees. We know this is not the time to demagogue the airport screening procedures. I am how to get a good airline security bill issue. This is the time to pass com- hopeful the conferees can reach a com- through Congress. We could have had prehensive legislation. promise as soon as possible. The Amer- the law by now. It is so straight- We heard some of the speakers just a ican people are waiting. forward, we can have it this week. minute ago talk about taking away Mr. OBERSTAR. Mr. Speaker, I yield Americans are pragmatic. They know rights of citizens or not honoring 1 minute to the distinguished gen- that the current system of low-bid, rights of citizens. That was in the Sen- tleman from Texas (Mr. RODRIGUEZ). low-wage contractors does not work. It ate bill, not our bill. We heard people Mr. RODRIGUEZ. Mr. Speaker, we does not catch knives, it does not catch talking about the same private screen- had 9 million passengers prior to Sep- mace, and it does not catch stun guns. ers continuing. That is not in our bill. tember, 5 million afterwards. We have And the American public do not like Our bill has Federal supervision, Fed- got a real problem and we all recognize Members of Congress who are so caught eral management, Federal background it. Yes, this is not the answer that is up in their ideology, so sure of them- checks, and a comprehensive ability to going to save everything, but it defi- selves, that they will not listen to the put in place the rules to get the best nitely is headed in the right direction. other side and they will not listen to technology to detect this equipment. I was listening to the comments of the American people. We have waited years and years for the chairman about the redundancy in Americans look at us in wonder. How the Federal Government to act. We what we are creating. I think the gen- can we be divided, stalled on this? We have to have someone with both the re- tleman is creating redundancy. It is pass a $15 billion bailout bill for the sponsibility and the authority to get in the status quo. It submits the same low airlines, but we cannot get around to place emergency regulations dealing bids, submits the same private screen- simple airline security legislation? We with equipment, dealing with screen- ers, submits the same low wages, sub- might as well throw away the $15 bil- ers, dealing with all of these items, and mits the same high turnover rates in lion of bailout money if we do not re- do this in a businesslike fashion so terms of the workers. store the confidence of passengers. that we have in place a long-term, The bottom line is that right now we Empty planes, well-paid executives, comprehensive plan for aviation and have a real serious problem and we and well-financed airlines is not the transportation security. need to come to grips with the situa- prescription for economic recovery. We all want the same thing. I support tion that is before us, and that is that Mr. OBERSTAR. Mr. Speaker, may I this resolution. I think we should all we need well-trained law enforcement ask how much time remains? move forward. We urged the other body people there. We all recognize that if The SPEAKER pro tempore (Mr. to move forward, and I urge my col- we have to travel, we are doing it, but LAHOOD). The gentleman from Min- leagues to urge the other Members to for the average person and our families nesota has 3 minutes remaining. move forward. I think we can do this. we are real concerned under this situa- Mr. OBERSTAR. Mr. Speaker, I re- We all want to get to the same place. It tion and we need to do the right thing. serve the balance of my time. is important that we have the best pos- The right thing to do is to put good Mr. YOUNG of Alaska. May I inquire sible product in the end. The American law enforcement people there to make of the gentleman if he has any other people want nothing less, and I think sure we do the right thing. So as we speakers, other than himself? I know that they expect us to come here and move forward, we need to recognize he has the right to close. deliver that package.

VerDate 06-NOV-2001 03:00 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.065 pfrm02 PsN: H06PT1 H7778 CONGRESSIONAL RECORD — HOUSE November 6, 2001 Mr. OBERSTAR. Mr. Speaker, I yield ought to have the Senate bill, which is model is the model that they tried 1 minute to the distinguished gen- a fatally flawed piece of legislation, or back in the 1970s and 1980s, and it was tleman from Illinois (Mr. LIPINSKI) the legislation that was almost worked a disaster. Mr. LIPINSKI. Mr. Speaker, I thank out by the Committee on Transpor- This model brings the flexibility of the gentleman for yielding me this tation and Infrastructure. private industry under the account- time. So we get down to this one issue, be- ability of the Federal Government. We I think the chairman, the gentleman cause the difference between the House will have badged law enforcement De- from Alaska (Mr. YOUNG), and the bill and the Senate bill is miles apart. partment of Transportation people at chairman of the subcommittee, the It is a huge difference, because the Sen- each station where bags are being gentleman from Florida (Mr. MICA), ate bill did not cover the airports, it screened. We will have baggage screen- and the ranking member, the gen- only covered airlines and screeners. It ers that are well trained and certified tleman from Minnesota (Mr. OBER- did not cover the Tarmac. It did not sitting there screening the baggage. STAR), and myself all have the same provide security for the perimeter, the Mr. Speaker, my point is and what goal in mind: We want to produce the parking lots, the vendors, the caterers, this argument is over is whether we na- best possible security bill for aviation and everything else. They did not do tionalize these employees or federalize that we can. anything about other modes of trans- them. Nationalize them means, as an I would simply like to go back once portation: bridges, ships, trains and example, we want to nationalize all of again to the O’Hare situation, though, others. The House bill did. the pilots that fly these planes. Right so everyone realizes that the system is So it comes down to the screeners. now we have a federalized system. The broken and the system has to be re- Now, some, particularly in the other Department of Transportation through paired as quickly as possible. Of the body, Mr. Speaker, they are comparing the FAA licenses these pilots; yet these eight screeners who were suspended screeners to Capitol Hill Police. I have pilots work for a private company. The last Saturday by the FBI, three of heard people say that the Capitol Hill same with flight attendants and me- them have criminal background Police protect us; why can the Amer- chanics. It works quite well. In fact, I records and one of them is a gang mem- ican people not at least have that kind would submit that it would be horrible ber. We cannot continue to allow peo- of protection? if we nationalized the airlines and na- ple like this to handle the screening at tionalized flight attendants and me- b 1845 our airports. chanics. The point here is that we have I am confident that very soon we can Mr. Speaker, I have to say that is an tried a nationalized system, as exam- resolve this with the cooperation of all insult to the Capitol Hill Police. I have ples in Europe show us, and it does not the conferees. worked very closely with the Capitol work. Mr. YOUNG of Alaska. Mr. Speaker, Hill Police. They are highly trained To bring the best security that we how much time do I have left? law enforcement officers that deal with know how, we have designed in the The SPEAKER pro tempore. The gen- all kinds of issues. They are police that House bill that is going to conference a tleman from Alaska (Mr. YOUNG) has carry guns. In fact, there were two system that actually brings security to 121⁄2 minutes remaining. wonderful Capitol Hill officers that the flying public and now people on the Mr. YOUNG of Alaska. Mr. Speaker, I died in this building, one of them in my ground, a system that the President of yield 6 minutes to the gentleman from office; so I have the utmost respect for the United States understands and sup- Texas (Mr. DELAY). the Capitol Hill Police. ports and will bring us the security Mr. DELAY. Mr. Speaker, I thank the We are not asking highly qualified that the American people deserve. chairman for yielding me this time, and highly trained law enforcement of- Mr. YOUNG of Alaska. Mr. Speaker, I and I appreciate the debate, which is ficers to stand by a screening machine yield myself such time as I may con- sort of an extension of the debate that and watch bags go through. We are say- sume. happened last week. ing those people should be highly Mr. Speaker, I would like to suggest I wanted to come down to the floor to trained, comply with the standards laid that we go to conference. We should be congratulate the chairman and the out by the Department of Transpor- talking about this motion. It is a good ranking member for bringing this mo- tation, comply with the criteria laid motion. It will expedite the process. tion to instruct. I support the motion out by the Department of Transpor- I would also like to suggest that the to instruct, but I wanted to explain a tation, and they should be certified by product we put together covers more little bit about my perspective in this the Department of Transportation. And than just airport security. The other and, hopefully, clear the air. once we do that, we add value to that body’s bill is just airport security. We What people need to understand, and person. That person has a certification. have ports, we have railroads, we have I hope this House would understand, is That person is worth more, and it will bridges, and we have pipelines. We have that the gentleman from Minnesota attract highly qualified people. all forms of transportation that we (Mr. OBERSTAR) and the gentleman The second issue, most people do not have to make sure are secure. from Alaska (Mr. YOUNG) and the gen- understand that the entire judicial I believe very strongly that the prod- tleman from Florida (Mr. MICA) came branch contracts out their security. uct that we voted on last week, 269 to an agreement on a bill. The bill of The Supreme Court contracts out their votes in favor of, does that job. Our job the gentleman from Minnesota (Mr. security. Even the DEA, the Drug En- is to go to conference and see whether OBERSTAR) is basically identical to the forcement Agency, contracts out their we can meld with what the other body bill of the gentleman from Alaska (Mr. security. So the Federal Government wishes to do together into a com- YOUNG), except for one part, and that is understands for specific cases they prehensive bill. I urge my colleagues to whether to nationalize the baggage might want to use the private indus- consider that. This is about working screeners or to federalize them. try, and those kinds of individuals that together and being able to compromise From our perspective, we think we are brought to this issue in the private and understanding that we are all seek- ought to federalize them. From the industry. ing the same thing, and that is a secure point of view of the gentleman from My point is what we are trying to do way of all forms of travel in the United Minnesota, he thinks they should be is to design a model, a very good model States. nationalized and Federal employees. by the way, according to the gen- Mr. Speaker, I yield back the balance That is the only real bone of conten- tleman from Minnesota (Mr. OBERSTAR) of my time. tion on this bill. and the gentleman from Alaska (Mr. Mr. OBERSTAR. Mr. Speaker, I yield The two men, the three men came to- YOUNG), a model that brings security myself such time as I may consume. gether, as well as the gentleman from to all of our modes of transportation, Mr. Speaker, I share the objective of Illinois (Mr. LIPINSKI) too, came to- part of that being the airlines and the the distinguished chairman to get to gether and wrote a very good, strong airports. an early resolution. I do have to cite security bill, which I congratulate ev- What we are asking is to follow a some misconceptions about the number eryone for doing. Of course, it got model that has already been tried in of screeners that would be required in mired in the discussion of whether we Europe and Israel. A nationalized the proposal that I offer on behalf of

VerDate 06-NOV-2001 03:00 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.067 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7779 the Members on our side and the com- ers should be part of a professional, highly Ms. MILLENDER-McDONALD. Mr. Speaker, mittee. skilled, highly trained law enforcement work- today we have yet another chance to address The number of 30,000-some people is force and serve as the front line of our na- aviation security exactly eight weeks after the just way beyond any imaginable num- tion’s defense. We would never consider con- tragic events of September 11th. It is the fed- ber. The Congressional Budget Office tracting out the war in Afghanistan, and we eral government’s job to protect our country number of 16,200 screeners is followed shouldn’t contract out airline security. during times of war and from threats to our by a recitation of a whole series of su- As I said last week, we need to put people national security. pervisory personnel that totals 7,000 before politics and action before acrimony. We I want to urge my colleagues to support the supervisors for 16,000 screeners. Maybe need a strong aviation security bill—and we motion to instruct conferees. This motion sim- that is what they need in the private need it without more delay. ple asks the conferees to resolve the dif- sector, but it is certainly not what we The conference committee must quickly ferences between the Senate and House avia- need in the public sector. That is sim- produce a bill that improves the House bill and tion security bills. This will finally enable Con- ply not necessary. The distinguishing that holds contractors accountable for the gress to produce an aviation security bill nec- feature of the private sector approach aviation security system. The safety of airline essary to reassuring the traveling public that it is the profit that those companies have passengers and of our air transportation sys- is safe to use our aviation system. to make on each of those 23,000 or tem depends on it. This motion is particular prudent in light of 31,000, whatever the number is. It kept Mr. TIERNEY. Mr. Speaker, yesterday the continuing failures at our nation’s airports. getting inflated last week. United Airlines and Argenbright Security were The bill that the House adopted last week ac- Furthermore, this so-called good sys- embarrassed to admit that they cleared a man cepted more of the status quo. What does sta- tem, in the private screeners, there are through Chicago O’Hare Airport with seven tus quo equal, it equals more incidents like 1,700 civil penalties assessed against knives and a stun gun. After enormous public that at Chicago O’Hare on Sunday. Where the airlines and their screening compa- outcry and international media exposure, they once again the private contractor, Argenbright, nies over the last 5 years for a total of vowed to immediately take corrective action. charged with the security at the gate failed. Yet only a couple of hours ago, they failed $8 million in fines. The system failed. This is the same company that was fined a What failed miserably was not the sys- again. A woman named Marianne went to Dulles million dollars and placed on 36 months pro- tem in Europe of government over- Airport this afternoon to board a United Air- bation for failing to conduct required back- sight. They simply shifted to smaller lines flight to San Francisco. Marianne ground checks and for hiring convicted felons numbers of screeners with more vig- checked in at the United ticket counter, and improperly training workers which provide orous and heavy, intensive government showed her ID, and cashed in miles from her security at U.S. airports. This is the same pri- oversight and involvement and back- account for an upgrade. United issued the up- vate contractor that the House version of the ground screening and passenger grade, checked her luggage and issued security bill will entrust with the security of profiling and positive passenger bag Marianne a boarding pass. your wife or husband, your son or daughter, match to a more intensive screening From the United ticket counter Marianne your brother or sister, your best friend. system with fewer numbers of people. proceeded to the Argenbright security check- Enough is enough let us fix aviation security Mr. Speaker, we need to move quick- point. She presented her ID and her boarding the right way, support the motion to instruct ly to a resolution of the differences be- pass for inspection. Argenbright checked her conferees. tween the House and the Senate bills. through security. Mr. OBERSTAR. Mr. Speaker, I yield The other body should yield on their Marianne arrived at the United gate. Again back the balance of my time. insistence on the Justice Department, she was asked to show her ID and her board- The SPEAKER pro tempore (Mr. and move to our position of putting ing pass. Again she was cleared through se- LAHOOD). Without objection, the pre- this position in the Department of curity. vious question is ordered on the motion Transportation; and we ought to reach Marianne boarded the plane and sat in her to instruct. compromises and yield on the screener seat. There was no objection. workforce issues. A few minutes later, a man boarded the The SPEAKER pro tempore. The Mr. UDALL of Colorado. Mr. Speaker, I wish plane and said, ‘‘you are sitting in my seat.’’ question is on the motion to instruct that we did not have to adopt this motion—but Turns out, United had issued them both the offered by the gentleman from Min- I strongly support it. same boarding pass—2 passes with the same nesota (Mr. OBERSTAR). We should not have to have a conference name—HIS name—Lester. The question was taken; and the on this legislation. Instead, the House should United took Marianne off the plane, and told Speaker pro tempore announced that have approved the bill that was unanimously her that United had no record of her name in the ayes appeared to have it. approved by the Senate—the bill I voted for the system despite the fact that she had used Mr. MORAN of Virginia. Mr. Speak- last week—and sent to the President for sign- miles from her account to get the upgrade; er, I object to the vote on the ground ing into law. Unfortunately, that bill was re- that there were 2 boarding passes issued to that a quorum is not present and make jected by a narrow margin. Lester and no seat listing for Marianne. More- the point of order that a quorum is not This motion instructs the conferees to re- over, Marianne’s luggage was checked in present. solve their differences with the Senate version Lester’s name and still headed to San Fran- The SPEAKER pro tempore. Pursu- of this legislation and return a bill for the cisco. ant to clause 8 of rule XX and the House’s consideration by this Friday, Novem- United booked Marianne on a later flight to Chair’s prior announcement, further ber 9th. San Francisco. When her 3:30 flight lands in proceedings on this motion will be In other words, it reminds the House con- a few minutes from now, she will not only suf- postponed. ferees that with the normally busy holiday trav- fer the inconvenience of being several hours The point of no quorum is considered el season just around the corner, it is urgent late through no fault of her own, but Marianne withdrawn. that Congress act to improve the safety of air- will have to go searching for her luggage f line passengers and the health of our air under Lester’s name. And who knows what ANNOUNCEMENT BY THE SPEAKER transportation system. will happen to her miles? No such reminder should be needed. But it If the people in San Francisco pay as little PRO TEMPORE has been nearly a week since the House Re- attention as those at Dulles, that won’t be a The SPEAKER pro tempore. Pursu- publican leadership defeated the Senate bill, problem. But if they actually look at the name ant to clause 8 of rule XX, the Chair thereby preventing improved aviation safety on her ID and the name on her baggage tags; will now put each question on which procedure from being immediately launched. if they actually deduce that Marianne, a fe- further proceedings were postponed And, as we saw with yesterday’s security fail- male, is not Lester, a male, then she will have earlier today. ure at Chicago O’Hare Airport, we can’t afford a lot of explaining to do. Votes will be taken in the following to wait another week. The truth is, it’s United and Argenbright who order: Aviation security is a matter of national se- have a lot of explaining to do. It’s the Repub- Suspend the rules and concur in the curity and public safety. It is part of the front lican majority, who voted last week to continue Senate amendments to H.R. 768, by the line of our national defense and Congress the status quo of contracting out airport secu- yeas and nays; should put in place an effective, federally man- rity checkpoint work to the lowest bidder, who Suspend the rules and pass H.R. 1408, aged system. I believe that baggage screen- have some explaining to do. by the yeas and nays; and

VerDate 06-NOV-2001 03:00 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.070 pfrm02 PsN: H06PT1 H7780 CONGRESSIONAL RECORD — HOUSE November 6, 2001 Agree to the motion to instruct on Hulshof Miller, Gary Shadegg A motion to reconsider was laid on Hunter Miller, George Shaw Senate 1447, by the yeas and nays. Hyde Miller, Jeff Sherman the table. Votes on motions to suspend the Inslee Mink Sherwood f rules on H.R. 2998, H.R. 582 and House Isakson Mollohan Shimkus Concurrent Resolution 262 will be Israel Moore Shows Issa Moran (KS) Shuster ANNOUNCEMENT BY THE SPEAKER taken tomorrow. Istook Moran (VA) Simmons PRO TEMPORE The Chair will reduce to 5 minutes Jackson (IL) Morella Simpson the time for any electronic vote after Jefferson Murtha Skeen The SPEAKER pro tempore (Mr. the first such vote in this series. Jenkins Myrick Skelton LAHOOD). Pursuant to clause 8 of rule John Neal Slaughter XX, the Chair will reduce to 5 minutes Johnson (CT) Nethercutt Smith (MI) f Johnson (IL) Ney Smith (NJ) the minimum time for electronic vot- Johnson, E. B. Northup Smith (TX) ing on the additional motion to sus- NEED-BASED EDUCATIONAL AID Johnson, Sam Norwood Smith (WA) pend the rules on which the Chair has ACT OF 2001 Jones (NC) Nussle Snyder postponed further proceedings and on Kanjorski Oberstar Solis The SPEAKER pro tempore. The Kaptur Obey Souder the motion to instruct conferees, if or- pending business is the question of sus- Keller Olver Spratt dered. pending the rules and concurring in the Kelly Ortiz Stark Kennedy (MN) Osborne Stearns f Senate amendments to the bill, H.R. Kennedy (RI) Ose Stenholm 768. Kerns Otter Strickland FINANCIAL SERVICES ANTIFRAUD The Clerk read the title of the bill. Kildee Owens Stump NETWORK ACT OF 2001 The SPEAKER pro tempore. The Kind (WI) Oxley Stupak King (NY) Pastor Sununu The SPEAKER pro tempore. The question is on the motion offered by Kingston Paul Tancredo pending business is the question of sus- Kirk Pelosi Tanner the gentleman from Wisconsin (Mr. pending the rules and passing the bill, SENSENBRENNER) that the House sus- Kleczka Pence Tauscher Knollenberg Peterson (MN) Tauzin H.R. 1408, as amended. pend the rules and concur in the Sen- Kolbe Peterson (PA) Taylor (MS) The Clerk read the title of the bill. ate amendments to the bill, H.R. 768, Kucinich Petri Taylor (NC) LaFalce Phelps Terry The SPEAKER pro tempore. The on which the yeas and nays are or- question is on the motion offered by dered. LaHood Pickering Thomas Lampson Pitts Thompson (CA) the gentleman from Alabama (Mr. The vote was taken by electronic de- Langevin Platts Thompson (MS) BACHUS) that the House suspend the vice, and there were—yeas 400, nays 0, Lantos Pombo Thornberry rules and pass the bill, H.R. 1408, as not voting 32, as follows: Largent Pomeroy Thune Larsen (WA) Portman Thurman amended, on which the yeas and nays [Roll No. 426] Larson (CT) Price (NC) Tiahrt are ordered. YEAS—400 Latham Pryce (OH) Tiberi LaTourette Putnam Tierney This will be a 5-minute vote. Abercrombie Chambliss Fletcher Leach Quinn Toomey The vote was taken by electronic de- Aderholt Clay Foley Lee Radanovich Towns vice, and there were—yeas 392, nays 4, Akin Clayton Forbes Levin Rahall Traficant not voting 36, as follows: Allen Clement Ford Lewis (CA) Ramstad Turner Andrews Clyburn Fossella Lewis (KY) Rangel Udall (CO) [Roll No. 427] Armey Coble Frank Linder Regula Udall (NM) YEAS—392 Baca Collins Frelinghuysen Lipinski Rehberg Upton Bachus Combest Frost LoBiondo Reyes Velazquez Abercrombie Cantor Edwards Baird Condit Gallegly Lucas (KY) Reynolds Visclosky Aderholt Capito Ehlers Baker Cooksey Ganske Lucas (OK) Rivers Vitter Akin Capuano Ehrlich Baldacci Costello Gekas Luther Rodriguez Walden Allen Cardin Emerson Baldwin Cox Gephardt Lynch Roemer Walsh Andrews Carson (IN) English Ballenger Coyne Gibbons Maloney (CT) Rogers (KY) Wamp Armey Carson (OK) Eshoo Barcia Cramer Gilchrest Manzullo Rogers (MI) Waters Baca Castle Etheridge Barr Crane Gillmor Markey Rohrabacher Watkins (OK) Bachus Chabot Evans Barrett Crenshaw Gilman Mascara Ros-Lehtinen Watson (CA) Baird Chambliss Everett Bartlett Crowley Gonzalez Matheson Ross Watt (NC) Baker Clay Farr Barton Culberson Goode Matsui Roukema Watts (OK) Baldacci Clayton Fattah Bass Cummings Goodlatte McCarthy (MO) Roybal-Allard Waxman Baldwin Clement Ferguson Becerra Cunningham Gordon McCarthy (NY) Royce Weiner Ballenger Clyburn Filner Bentsen Davis (CA) Goss McCrery Rush Weldon (FL) Barcia Coble Fletcher Bereuter Davis (FL) Graham McDermott Ryan (WI) Weldon (PA) Barr Collins Foley Berkley Davis (IL) Granger McGovern Ryun (KS) Weller Barrett Combest Forbes Berman Davis, Jo Ann Graves McHugh Sabo Wexler Bartlett Condit Ford Berry Davis, Tom Green (TX) McInnis Sanchez Whitfield Barton Cooksey Fossella Biggert Deal Green (WI) McIntyre Sanders Wicker Bass Costello Frank Bilirakis DeFazio Greenwood McKeon Sandlin Wilson Becerra Cox Frelinghuysen Bishop DeGette Grucci McKinney Sawyer Wolf Bentsen Coyne Frost Blagojevich Delahunt Gutierrez Meehan Saxton Woolsey Bereuter Cramer Gallegly Blumenauer DeLauro Gutknecht Meek (FL) Schaffer Wu Berkley Crane Ganske Blunt DeLay Hall (OH) Mica Schakowsky Wynn Berman Crenshaw Gekas Boehlert DeMint Hall (TX) Millender- Schiff Young (AK) Berry Crowley Gephardt Boehner Deutsch Hansen McDonald Schrock Young (FL) Biggert Culberson Gibbons Bonilla Diaz-Balart Harman Miller, Dan Sensenbrenner Bilirakis Cummings Gilchrest Bono Dicks Hart Bishop Cunningham Gillmor Boswell Dingell Hastings (FL) NOT VOTING—32 Blagojevich Davis (CA) Gilman Boucher Doggett Hastings (WA) Ackerman Jones (OH) Napolitano Blumenauer Davis (FL) Gonzalez Boyd Dooley Hayes Bonior Kilpatrick Pallone Blunt Davis (IL) Goode Brady (TX) Doolittle Hayworth Borski Lewis (GA) Pascrell Boehlert Davis, Tom Goodlatte Brown (FL) Doyle Hefley Brady (PA) Lofgren Payne Boehner Deal Gordon Brown (OH) Dreier Herger Burton Lowey Riley Bonilla DeFazio Goss Brown (SC) Duncan Hill Capps Maloney (NY) Rothman Bonior DeGette Graham Bryant Dunn Hilleary Conyers McCollum Scott Bono Delahunt Granger Burr Edwards Hilliard Cubin McNulty Serrano Boswell DeLauro Graves Buyer Ehlers Hinchey Engel Meeks (NY) Sessions Boucher DeLay Green (TX) Callahan Ehrlich Hinojosa Jackson-Lee Menendez Shays Boyd DeMint Green (WI) Calvert Emerson Hobson (TX) Nadler Sweeney Brady (TX) Deutsch Greenwood Camp English Hoeffel Brown (FL) Diaz-Balart Grucci Cannon Eshoo Hoekstra b 1914 Brown (OH) Dicks Gutierrez Cantor Etheridge Holden Brown (SC) Dingell Gutknecht Capito Evans Holt So (two-thirds having voted in favor Bryant Doggett Hall (OH) Capuano Everett Honda thereof) the rules were suspended and Burr Dooley Hall (TX) Cardin Farr Hooley the Senate amendments were con- Buyer Doolittle Hansen Carson (IN) Fattah Horn Callahan Doyle Harman Carson (OK) Ferguson Hostettler curred in. Calvert Dreier Hart Castle Filner Houghton The result of the vote was announced Camp Duncan Hastings (FL) Chabot Flake Hoyer as above recorded. Cannon Dunn Hastings (WA)

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.071 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7781 Hayes McDermott Sandlin Serrano Shays Watkins (OK) Washington, for the first 24 years of his Hayworth McGovern Sawyer Sessions Sweeney Weiner Hefley McHugh Saxton career, before Tip brought Millie down Herger McInnis Schaffer b 1922 when he was elected Speaker; and they Hill McIntyre Schakowsky So (two-thirds having voted in favor said for those 24 years, the only thing Hilleary McKeon Schiff that was ever in the refrigerator were Hilliard Meehan Schrock thereof) the rules were suspended and Hinchey Meek (FL) Sensenbrenner the bill, as amended, was passed. cigars and orange juice. Hinojosa Mica Shadegg The result of the vote was announced In a lot of ways, with his passing, for Hobson Millender- Shaw as above recorded. Massachusetts politics, passes an era Hoeffel McDonald Sherman as well, that Tip O’Neill and John Hoekstra Miller, Dan Sherwood A motion to reconsider was laid on Holden Miller, Gary Shimkus the table. McCormick and Eddie Boland span the Holt Miller, George Shows f years in representing. Honda Miller, Jeff Shuster Mr. NEAL of Massachusetts. Mr. Simmons Hooley Mink ANNOUNCING THE DEATH OF THE Speaker, 50 years without having lost Horn Mollohan Simpson HONORABLE EDWARD P. BOLAND Hostettler Moore Skeen an election, a terrific wife in Mary and Houghton Moran (KS) Skelton (Mr. NEAL of Massachusetts asked four wonderful children, this institu- Hoyer Moran (VA) Slaughter and was given permission to address Smith (MI) tion tonight mourns his passing. Hulshof Morella the House for 1 minute.) Hunter Murtha Smith (NJ) f Hyde Myrick Smith (WA) Mr. NEAL of Massachusetts. Mr. Inslee Napolitano Snyder Speaker, I have the sad responsibility APPOINTMENT OF CONFEREES ON Isakson Neal Solis Souder this evening of reporting to this Cham- S. 1447, AVIATION SECURITY ACT Israel Nethercutt ber that a very distinguished former Issa Ney Spratt MOTION TO INSTRUCT CONFEREES OFFERED BY Stark Istook Northup Member of this institution, Edward P. MR. OBERSTAR Jackson (IL) Norwood Stearns Boland, died on Sunday evening. Stenholm The SPEAKER pro tempore. The Jefferson Nussle Ed Boland served in this House for 36 Jenkins Oberstar Strickland pending business is the de novo vote on John Obey Stump years with distinction as a member of agreeing to the motion to instruct con- Stupak Johnson (CT) Olver the Committee on Appropriations and ferees on the Senate bill, S. 1447, of- Johnson (IL) Ortiz Sununu as a chairman of the House Permanent Tancredo fered by the gentleman from Minnesota Johnson, E. B. Osborne Select Committee on Intelligence. He Johnson, Sam Ose Tanner (Mr. OBERSTAR). Jones (NC) Otter Tauscher served in an institution that he re- The Clerk will designate the motion. Kanjorski Owens Tauzin vered. He represented the people of Taylor (MS) The Clerk designated the motion. Kaptur Oxley western and central Massachusetts Keller Pastor Taylor (NC) The SPEAKER pro tempore. The Kelly Pelosi Terry with distinction. He was a patriot of question is on the motion to instruct. Thomas Kennedy (MN) Pence the highest order and an individual The question was taken; and the Kennedy (RI) Peterson (MN) Thompson (CA) who loved the notion that politics had Thompson (MS) Speaker pro tempore announced that Kerns Peterson (PA) meaning in American life. Kildee Petri Thornberry the ayes appeared to have it. Thune In addition to that, for all of us that Kind (WI) Phelps RECORDED VOTE King (NY) Pickering Thurman are gathered here tonight, just two Kingston Pitts Tiahrt quick lessons that have stuck in my Mr. MARKEY. Mr. Speaker, I demand Kirk Platts Tiberi a recorded vote. Tierney mind for a long period of time as one Kleczka Pombo A recorded vote was ordered. Knollenberg Pomeroy Toomey who even served as an intern for him Kolbe Portman Towns many years ago. The SPEAKER pro tempore. Without Traficant Kucinich Price (NC) Mr. Speaker, in 36 years, Eddie Bo- objection, this will be a 5-minute vote. LaFalce Pryce (OH) Turner Udall (CO) land had one fund-raiser, and he was There was no objection. LaHood Putnam The vote was taken by electronic de- Lampson Quinn Udall (NM) mad that he had to go to it. In 36 years, Langevin Radanovich Upton Mr. Speaker, Eddie Boland had one vice, and there were—ayes 397, noes 0, Lantos Rahall Velazquez not voting 35, as follows: Visclosky press conference when he announced Larsen (WA) Ramstad [Roll No. 428] Larson (CT) Rangel Vitter that he was retiring. He would not Latham Regula Walden issue a press release, and when mem- AYES—397 LaTourette Rehberg Walsh Wamp bers of the national press over the Bo- Abercrombie Boyd Cummings Leach Reyes Aderholt Brady (TX) Cunningham Lee Reynolds Waters land amendment attempted to secure Watson (CA) Akin Brown (FL) Davis (CA) Levin Rivers his favor, he simply said he would re- Allen Brown (OH) Davis (FL) Lewis (CA) Rodriguez Watt (NC) Watts (OK) port to the hometown paper and to the Andrews Brown (SC) Davis (IL) Lewis (KY) Roemer people back home what he was doing, Armey Bryant Davis, Jo Ann LoBiondo Rogers (KY) Waxman Weldon (FL) and that was about the size of it. Baca Burr Davis, Tom Lucas (KY) Rogers (MI) Bachus Buyer Deal Lucas (OK) Rohrabacher Weldon (PA) This institution mourns his passing. Weller Baird Callahan DeFazio Luther Ros-Lehtinen He was a great confidant of Tip O’Neill Baker Calvert DeGette Lynch Ross Wexler Whitfield and of President Kennedy, as well as Baldacci Camp Delahunt Maloney (CT) Roukema Baldwin Cannon DeLauro Manzullo Roybal-Allard Wicker the Kennedy family, and this institu- Wilson Ballenger Cantor DeLay Markey Royce tion could not have had an individual Barcia Capito DeMint Mascara Rush Wolf Woolsey who carried its reputation in better Barr Capuano Deutsch Matheson Ryan (WI) Barrett Cardin Diaz-Balart Matsui Ryun (KS) Wu form. Wynn Bartlett Carson (IN) Dicks McCarthy (MO) Sabo Mr. Speaker, I yield to the gentleman Barton Carson (OK) Dingell McCarthy (NY) Sanchez Young (AK) Young (FL) from Massachusetts (Mr. MARKEY), the Bass Castle Doggett McCrery Sanders dean of the Massachusetts delegation. Becerra Chabot Dooley Mr. MARKEY. Mr. Speaker, I thank Bentsen Chambliss Doolittle NAYS—4 Bereuter Clay Doyle the gentleman from Springfield, Mr. Davis, Jo Ann Paul Berkley Clayton Dreier Flake Smith (TX) Boland’s successor in Congress. Berman Clement Duncan Eddie was elected as a State Rep- Berry Clyburn Dunn NOT VOTING—36 resentative in 1932 when Franklin Dela- Biggert Coble Edwards Bilirakis Collins Ehlers Ackerman Kilpatrick Meeks (NY) no Roosevelt was elected President, Bishop Combest Ehrlich Borski Largent Menendez and left in 1988 as George Bush was Blagojevich Condit Emerson Brady (PA) Lewis (GA) Nadler about to be elected President. He car- Blumenauer Cooksey English Burton Linder Pallone ried the same values throughout all of Blunt Costello Eshoo Capps Lipinski Pascrell Boehlert Cox Etheridge Conyers Lofgren Payne those years, and he came to be known, Boehner Coyne Evans Cubin Lowey Riley for all of those who are still here who Bonilla Cramer Everett Engel Maloney (NY) Rothman served with him, as a legislative giant. Bonior Crane Farr Jackson-Lee McCollum Bono Crenshaw Fattah Scott (TX) McKinney He lived with Tip O’Neill for 24 years Boswell Crowley Ferguson Jones (OH) McNulty as roommates in an apartment here in Boucher Culberson Filner

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.058 pfrm02 PsN: H06PT1 H7782 CONGRESSIONAL RECORD — HOUSE November 6, 2001 Flake Larsen (WA) Rohrabacher Cubin Lowey Payne (Rept. No. 107–271) on the resolution (H. Fletcher Larson (CT) Ros-Lehtinen Engel Maloney (NY) Riley Foley Latham Ross Fossella McCollum Rothman Res. 277) providing for consideration of Forbes LaTourette Roukema Frank McNulty Serrano the bill (H.R. 3167) to endorse the vi- Ford Leach Roybal-Allard Jackson-Lee Meeks (NY) Sessions sion of further enlargement of the Frelinghuysen Lee Royce (TX) Menendez Shays NATO Alliance articulated by Presi- Frost Levin Rush Jones (OH) Nadler Strickland Gallegly Lewis (CA) Ryan (WI) Kilpatrick Obey Sweeney dent George W. Bush on June 15, 2001, Ganske Lewis (KY) Ryun (KS) Lewis (GA) Pallone Tiahrt and by former President William J. Gekas Linder Sabo Lofgren Pascrell Weller Clinton on October 22, 1996, and for Gephardt Lipinski Sanchez other purposes, which was referred to Gibbons LoBiondo Sanders b 1934 Gilchrest Lucas (KY) Sandlin the House Calendar and ordered to be Gillmor Lucas (OK) Sawyer So the motion to instruct was agreed printed. Gilman Luther Saxton to. Gonzalez Lynch Schaffer The result of the vote was announced f Goode Maloney (CT) Schakowsky as above recorded. Goodlatte Manzullo Schiff SPECIAL ORDERS Gordon Markey Schrock A motion to reconsider was laid on IM Goss Mascara Scott the table. The SPEAKER pro tempore (Mr. S - Graham Matheson Sensenbrenner MONS). Under the Speaker’s announced Granger Matsui Shadegg f policy of January 3, 2001, and under a Graves McCarthy (MO) Shaw previous order of the House, the fol- Green (TX) McCarthy (NY) Sherman PERSONAL EXPLANATION Green (WI) McCrery Sherwood lowing Members will be recognized for Greenwood McDermott Shimkus Ms. KILPATRICK. Mr. Speaker, due to per- 5 minutes each. Grucci McGovern Shows sonal business in my District, I am unable to Gutierrez McHugh Shuster be present for legislative business scheduled f Gutknecht McInnis Simmons for today, Tuesday, November 6th. Had I been Hall (OH) McIntyre Simpson FAST TRACK IS THE WRONG ISSUE Hall (TX) McKeon Skeen present, I would have voted ‘‘aye’’ on the fol- AT THE WRONG TIME FOR Hansen McKinney Skelton lowing motions on which a recorded vote was AMERICA Harman Meehan Slaughter ordered: (1) Rollcall No. 426, H.R. 768, the Hart Meek (FL) Smith (MI) Need-Based Educational Aid Act; (2) Rollcall The SPEAKER pro tempore. Under a Hastings (FL) Mica Smith (NJ) previous order of the House, the gen- Hastings (WA) Millender- Smith (TX) No. 427, H.R. 1408, the Financial Services Hayes McDonald Smith (WA) Antifraud Network Act; and (3) Rollcall No. tleman from Michigan (Mr. BONIOR) is Hayworth Miller, Dan Snyder 428, the motion to instruct conferees on H.R. recognized for 5 minutes. Hefley Miller, Gary Solis 3150, the Airline Security Act. Mr. BONIOR. Mr. Speaker, I want to, Herger Miller, George Souder first of all, commend my colleague, the Hill Miller, Jeff Spratt f Hilleary Mink Stark gentleman from Ohio (Mr. BROWN) for Hilliard Mollohan Stearns PERSONAL EXPLANATION arranging a discussion this evening of Hinchey Moore Stenholm the fast track issue that is pending Stump Hinojosa Moran (KS) Mr. RILEY. Mr. Speaker, I was unavoidably now before this body. Hobson Moran (VA) Stupak detained for Rollcall No. 426, H.R. 768, the Hoeffel Morella Sununu For several months now, lawmakers Hoekstra Murtha Tancredo Need-Based Educational Aid Act. Had I been and corporate executives have been Holden Myrick Tanner present I would have voted ‘‘yea.’’ pushing to grant President Bush fast Holt Napolitano Tauscher I was unavoidably detained for Rollcall No. track authority, which is basically the Honda Neal Tauzin 427, H.R. 1408, The Financial Services Anti- Hooley Nethercutt Taylor (MS) authority to negotiate trade deals and Horn Ney Taylor (NC) fraud Network Act. Had I been present I would not have the Congress to any extent Terry Hostettler Northup have voted ‘‘yea.’’ really participate in the decision-mak- Houghton Norwood Thomas I was unavoidably detained for Rollcall No. Hoyer Nussle Thompson (CA) ing process, taking away Article I, Sec- Hulshof Oberstar Thompson (MS) 428, the motion to instruct conferees on H.R. tion 8 of our constitutional responsibil- Hunter Olver Thornberry 3150, the Aviation Security Act. Had I been ities. This push has not been slowed by Hyde Ortiz Thune present I would have voted ‘‘yea.’’ the attacks of September 11, and what Inslee Osborne Thurman The SPEAKER pro tempore (Mr. Isakson Ose Tiberi we have seen is unemployment soaring, LAHOOD). Without objection, the Chair Israel Otter Tierney layoffs are multiplying, workers are Issa Owens Toomey appoints the following conferees: hurting, and still, week in and week Istook Oxley Towns For consideration of the Senate bill Traficant out, we hear that fast track is coming Jackson (IL) Pastor and the House amendment, and modi- Jefferson Paul Turner to the floor. Udall (CO) fications committed to conference: Jenkins Pelosi Well, Mr. Speaker, right now this Na- John Pence Udall (NM) Messrs. YOUNG of Alaska, PETRI, DUN- Johnson (CT) Peterson (MN) Upton tion needs to remain unified. We need CAN, MICA, EHLERS, OBERSTAR, LIPINSKI Johnson (IL) Peterson (PA) Velazquez to act with a common purpose. Fast and DEFAZIO. Johnson, E. B. Petri Visclosky track will only divide us. It is one of Johnson, Sam Phelps Vitter There was no objection. Jones (NC) Pickering Walden the most divisive issues that this Con- Kanjorski Pitts Walsh f gress faces on a regular basis. It is a Kaptur Platts Wamp REMOVAL OF NAME OF MEMBER controversial issue at a time when we Keller Pombo Waters least can afford to be controversial. Kelly Pomeroy Watkins (OK) AS COSPONSOR OF H.R. 981 Kennedy (MN) Portman Watson (CA) I have heard the arguments that fast Kennedy (RI) Price (NC) Watt (NC) Mr. PETERSON of Pennsylvania. Mr. track will stimulate our economy. Kerns Pryce (OH) Watts (OK) Speaker, I ask unanimous consent to Nothing, nothing could be further from Kildee Putnam Waxman have my name removed as a cosponsor Kind (WI) Quinn Weiner the truth. The fast track bill at issue King (NY) Radanovich Weldon (FL) of H.R. 981. now is designed to speed complex trade Kingston Rahall Weldon (PA) The SPEAKER pro tempore. Is there agreements through Congress without Kirk Ramstad Wexler objection to the request of the gen- a real debate in our country or a real Kleczka Rangel Whitfield tleman from Pennsylvania? Knollenberg Regula Wicker debate and scrutiny in this institution. Kolbe Rehberg Wilson There was no objection. No one in this House could offer an Kucinich Reyes Wolf amendment to improve the deal that is Woolsey f LaFalce Reynolds negotiated. And, making matters LaHood Rivers Wu REPORT ON RESOLUTION PRO- Lampson Rodriguez Wynn worse, this fast track bill includes no Langevin Roemer Young (AK) VIDING FOR CONSIDERATION OF guarantees or provisions to ensure that Lantos Rogers (KY) Young (FL) H.R. 3167, GERALD B.H. SOLOMON the rights or jobs of American workers Largent Rogers (MI) FREEDOM CONSOLIDATION ACT are protected. NOT VOTING—35 OF 2001 The reality is that fast track acceler- Ackerman Brady (PA) Capps Mrs. MYRICK, from the Committee ates an already flawed trade policy Borski Burton Conyers on Rules, submitted a privileged report through Congress. Once these deals are

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.059 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7783 enacted, companies have greater lee- Let us do something on health care, John remained undeterred. He was way, even incentive, to relocate over- making sure that they get a benefit unafraid to challenge the status quo. seas, taking advantage of weak or non- that will take care of their premium so Good government, John explained to existent labor and environmental that they can have health care for me simply, deserves nothing less. John standards. That can only be dem- themselves and their families. Let us took those political lessons to heart, onstrated vividly by what we did in do something about retraining to make and the Boone County Citizens for NAFTA and what happens when these the transition. Good Government resurfaced with a re- jobs in our country go to Mexico. They Mr. Speaker, fast track is the wrong newed commitment to candidates and export their products back to our mar- issue at the wrong time for the Amer- community causes. ket is what happens. ican people, and I hope my colleagues He was then and remained fiercely The upshot for our workers? Lost will see to it, it never reaches this independent. John believed strongly in jobs, lower wages, and not only do we floor. the two-party system, and supported lose these great-paying jobs here in f individuals in either party. It was our this country, and by the way, over the principles that John looked for, our in- last 14 months, we have lost 1.2 million b 1945 tegrity, our character. So to have John manufacturing jobs in this country. CELEBRATING THE LIFE OF JOHN Hyatt in one’s corner for an upcoming Hello. If anybody is listening, we are B. HYATT FROM COLUMBIA, MIS- election was a strong ally for any can- losing at an accelerated pace our whole SOURI didate. manufacturing base in America. Not John kept politics in perspective, only do we lose those great-paying The SPEAKER pro tempore (Mr. SIM- however. It was, after all, family and jobs, but once we lose those jobs, we MONS). Under a previous order of the friends that made life’s journey worth- cripple whole communities. We take House, the gentleman from Missouri while. He was an eternal optimist. away their tax base. They do not have (Mr. HULSHOF) is recognized for 5 min- Mr. Speaker, I am quite confident the resources for fire and police and utes. John never read the works of A.A. education and health care and all of Mr. HULSHOF. Mr. Speaker, I rise to Willitts, yet the words of the author the other pieces that make our commu- celebrate and acknowledge the life and are descriptive of the man being hon- nities work. memory of John B. Hyatt, a con- ored by this tribute: ‘‘Get into the A recent report underscores these stituent and friend, a longtime Colum- habit of looking for the silver lining of points. Economic data show that bia, Missouri, businessman, a devoted the cloud, and when you have found it, NAFTA passed on a fast track, and husband and father, an avid golfer, a continue to look at it, rather than at WTO, World Trade Organization, poli- passionate Missouri Tiger fan, a com- the leaden gray in the middle. . . . cies have taken a devastating toll on munity activist. There is no path but will be easier American industry. We have lost 3 mil- John Hyatt was born in the small traveled, no load but will be lighter, no lion jobs in this country as a result of Missouri town of Fayette in 1924. He shadow on heart or brain but will lift these unfair trade deals. Many of those served our country, enlisting in the sooner for a person of determined workers were in well-paying manufac- Navy at the age of 19. He was stationed cheerfulness.’’ turing sectors. in the Pacific during World War II and Mr. Speaker, that is the legacy of In my own State of Michigan we have was honorably discharged in 1946. John Hyatt. For those of us blessed to lost over 150 jobs. They have simply Upon his return home, John attended have known him, our lives have been evaporated. Central Missouri State University and enriched beyond measure. The less for- So when fast track proponents argue excelled in basketball. In fact, Mr. tunate among us have been comforted that this fast track authority will Speaker, after graduation, he began his by his generosity. Our community and boost the economy, we need to be clear. professional career as a high school its leaders have become better guard- If we pass fast track, the only thing we coach. ians of the public trust through his will boost is the unemployment rate, In order to supplement his modest quiet challenges. and it is already going up too fast. Fast coach’s salary, John began selling life Mr. Speaker, I add my name to those track is a divisive issue being pushed insurance. It became apparent that his who gather and salute the memory of on American workers at a time when prowess as a coach was only surpassed John Hyatt as a guardian of good gov- they can least afford it. While unem- by his innate abilities as a salesman. ernment. He concluded a successful 40-year ca- ployment soars and more layoffs are in f sight, we cannot put even more jobs in reer with State Farm Insurance in 1994. jeopardy and undermine an already John’s greatest sale, however, was re- FAST TRACK weak economy. served for his personal life. It was in The SPEAKER pro tempore. Under a There are many ways that we can 1953 that he convinced his best friend’s previous order of the House, the gen- work together to help American work- sister, Mary, to become his life’s part- tleman from Ohio (Mr. BROWN) is rec- ers and get our economy moving again. ner. Together they had two children, ognized for 5 minutes. Fast track simply is not one of them. Vicky and Bill. Mr. BROWN of Ohio. Mr. Speaker, in This is not the time to pull the rug out On Wednesday, November 7, the recent weeks U.S. Trade Rep Bob from underneath American workers Boone County Citizens for Good Gov- Zoellick has attempted to link fast just as they are struggling to get back ernment will pay tribute to John Hyatt track legislation to antiterrorism ef- on their feet. posthumously with the Guardian of forts. Some say he has questioned the If we want to do something to help Good Government award. There can be, patriotism of those of us who opposed them, let us do a decent unemployment I think, no greater tribute. He was to fast track by pointing out that we are compensation benefit. Only 40 percent me a good friend, a confidante, a sage indifferent to terrorism, saying we do of the people who are laid off in our political adviser, but not just in words, not share American values if we do not country get any unemployment com- but in deeds. support fast track, because that is the pensation, and in many States like my The 17th century philosopher Francis way, he says, to combat terrorism State of Michigan, the payout has been Bacon said this: He that gives good ad- around the world. frozen for 6 or 7 years. It is patheti- vice builds with one hand; he that gives Fast track does not embody, Mr. cally low. People cannot make their good counsel and example builds with Speaker, those American values that mortgage payment. They cannot make both. That describes the essence of my our U.S. trade rep has indicated. Fast their insurance premium. They cannot friend, John Hyatt. track so often means weaker environ- make their health care premium on It was, in fact, John Hyatt who co- mental standards. It means dealing what they are given through unem- founded the Boone County Citizens for with countries without free elections. ployment if they are lucky to be part Good Government in the 1980s. In those It means dealing with wealthy families of the 40 percent that gets something early days, the group, under his watch, who usurp worker rights, oppress peo- at all. Let us do something on unem- took a bold stand on some controver- ple in developing countries, and ulti- ployment compensation. sial issues and had a few setbacks. mately take American jobs.

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.078 pfrm02 PsN: H06PT1 H7784 CONGRESSIONAL RECORD — HOUSE November 6, 2001 Supporters of fast track argue that necessary expenses. Global working farmers whose grain incomes have the U.S. is being left behind. They tell conditions will continue to suffer. grown steadily smaller, it is no sur- us we need fast track to increase Amer- We need in this body to press for pro- prise, nor is it a surprise when the ican exports and to increase new jobs visions that promote workers’ rights in price continues to drop. for American workers. But our history all countries and promote economic ad- More headlines just from yesterday of flawed trade agreements has led to a vancement in all countries. The U.S. tell that story: ‘‘Wheat Export Com- trade deficit with the rest of the world must continue to be a leader in setting mitments Second Lowest on Record,’’ that has surged to a record $369 billion. standards for worker rights, for fair ‘‘Corn Sales Lagging.’’ Our farmers The 2000 trade deficit is 39 percent wages, for worker safety, and for envi- want to be able to continue feeding our higher than the previous record set in ronmental protection. Nation and others around the globe 1999. In the last year, in this country, we with the safest, most abundant food The Department of Labor has re- have lost, since President Bush took supply in the world, but with record ported that the North American Free office, 1 million industrial jobs. We low prices and trade barriers hindering Trade Agreement alone has been re- have experienced economic slowdown, the export market, times are tough in sponsible for the loss of 300,000 jobs in and we have experienced a drop in the agriculture country. this country. While our trade agree- stock market that we have not seen in My farmers tell me that they want to ments go to great lengths to protect a decade. Fast track will not solve that get their income from the market to investors and protect property rights, problem; fast track will make that raise prices through increased exports these agreements rarely include en- problem worse. to willing consumers in nations around forceable provisions to protect workers Our Nation cannot afford to sell its the globe, yet political barriers distort or to protect the environment. principles to the highest bidder. The international trade. And so our farmers CEOs of multinational corporations global race to the bottom must be need short-term assistance just to con- tell Members of Congress that stopped and turned around. tinue farming and to pass the family globalization stimulates development In 1998, fast track was defeated in farm to their sons and daughters. and allows nations to improve their this Congress 243 to 180. Fast track The House has acted to assist farm- labor and environmental records. They should be defeated again in Congress ers by passing the Farm Security Act say interaction with the developing this year. last month. Now it is up to the U.S. Senate to realize the need for legisla- world spreads democracy. f The facts speak differently. Demo- tion. Last Thursday, the Secretary of Ag- cratic nations such as India are losing WITH FALL HARVEST COMES riculture stated that she was pleased out to more totalitarian nations, such FALLING PRICES IN FARM COUN- by the newly developed Senate plans to as China. Democratic nations such as TRY AND FALLING HOPES FOR proceed with a farm bill this session. Taiwan are losing out to authoritarian OUR NATION’S FARMERS That statement was followed by the regimes, such as Indonesia. The SPEAKER pro tempore. Under a President’s announcement Friday of In 1989, 57 percent of developing coun- previous order of the House, the gen- his appointment of a new special as- try exports and manufacturing came tleman from Kansas (Mr. MORAN) is sistant for ag trade and food assist- from developing democracies; 10 years recognized for 5 minutes. Mr. MORAN of Kansas. Mr. Speaker, ance. later, only 35 percent of developing The President said that he is not op- local commodity prices are becoming country exports and manufacturing posed to signing a farm bill into law an everyday story for Kansas farmers came from developing democracies. It this year, and the addition to the ad- and ranchers. Last week was no excep- is clear that corporations are relo- ministration’s agriculture team is a tion, with headlines like ‘‘October cating their manufacturing bases to positive step to further coordinate Farm Prices Show an Abrupt Drop’’ more totalitarian regimes, where even farm bill efforts between Congress and and ‘‘Farm-Price Index Suffers the Big- the most minimal labor and environ- the White House. mental standards are often ignored. gest Drop on Record.’’ I am encouraged to once again hear The fact is, Western business inves- Last Wednesday, data showed that the administration’s commitment to tors want to go to China, they want to farmers’ prices were reduced the larg- farm policy, and I am glad to see the go to Indonesia; they want to go to est amount in 1 month, 9.5 percent. The Senate Committee on Agriculture re- countries which are dictatorships, decline between September and Octo- sponding by beginning to mark up which have docile work forces, authori- ber is the sharpest month-to-month their version of a farm bill. tarian governments and they are very price drop in 91 years, since USDA I look forward to working together predictable for Western investors. began recording farm prices in 1910. on farmers’ priorities: caring for the They do not go to India, they do not The corn price, $1.79 for October, was environment, a farm income safety net, go to Taiwan, not to South Korea; they down 12 cents from September. Twelve and greater trading opportunities. do not want to stay in this country cents may not sound like much, but for With the tragic events of September many times because we have strong en- the State of Kansas, that is a loss of $50 11, the battle against terrorism is con- vironmental laws, because labor unions million to the State’s economy. Soy- tinuing. Our Nation has many vital de- can organize and bargain collectively, bean prices plunged 43 cents to $4.10 fense priorities right now both at home because good wages are paid, and be- cents a bushel, 35 cents below the price and abroad. However, food security is cause we have free elections. just 1 year ago. For the average Kansas one of the most important elements of Western corporations instead want to farmer who plants about 150 acres of homeland security, and we must not invest in countries that have weak en- soybeans, that is a 1-month loss of overlook our Nation’s farmers before vironmental standards, unenforced about $1,500 on his or her fall harvest. this session ends. labor law, below-poverty wages, and Farmers know that grain prices al- Farmers are counting on us to de- where workers have no opportunities ways drop around harvest time, but liver the promise of a farm bill, and to bargain collectively. even the Department of Agriculture ad- with all that they do every day to pro- Flawed trade policies cost American mitted last week that ‘‘the breadth of vide us with food, clothing, and shelter, jobs, put downward pressure on U.S. this downturn is unanticipated.’’ we must not let them down. wages and working conditions, and Grain producers were not the only f erode the ability of local, State, and ones affected. The index of meat prices Federal governments to protect public fell 4.2 percent, hog prices at $41 per EXPRESSING REGARD AND SYM- health and to protect the environment. hundredweight declined $4.10, and cat- PATHY TO UKRAINE AT 68TH AN- If we fail to include important labor tle prices fell to $67.50, down $1.50. NIVERSARY REMEMBRANCE OF and environmental provisions in future The news of this dramatic price drop GREAT FAMINE OF 1932 AND 1933 trade agreements, multinational cor- is bad not only for agricultural pro- The SPEAKER pro tempore. Under a porations will continue to dismiss ducers, but for all of us who depend previous order of the House, the gentle- labor and protection of the environ- upon American agriculture for the se- woman from Ohio (Ms. KAPTUR) is rec- ment as discretionary and wholly un- curity of our food supply. However, to ognized for 5 minutes.

VerDate 06-NOV-2001 04:00 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.080 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7785 Ms. KAPTUR. Mr. Speaker, today I life not worth living. Finally, they pre- A comprehensive campaign to kill rise for the record to express my deep- vailed; but the memory of the earlier Ukrainian citizens and to destroy all est regard and sympathies to the new horrors remained always and drives vestiges of Ukrainian nationalism was Nation of Ukraine at its 68th anniver- them in their sense of duty. carried out by Joseph Stalin, the dic- sary remembrance of the tragic great Many of my own ancestors died mis- tator of the Soviet Union; and his poli- famine of 1932 and 1933. erably inside what is now Ukraine dur- cies of forced collectivization of both Ukraine, always known as the bread- ing the 1930s. Our family well knows agriculture and industry was part of basket of Europe, lost nearly a quarter that this horror occurred. the problem. Although almost a quar- of its population as the Stalinist-led We, history, must never forget that ter of the Ukrainian population died in government, headquartered in Moscow such profound events happened. We those 2 years, 1932 and 1933, their trag- then, forcibly exported Ukraine’s must remember. We must prevent such edy remained unknown to the rest of wheat and spent the money earned on evil from happening again. We must the world for almost 60 years. industrialization. also recognize that such hatred can be Joseph Stalin’s collectivization pol- perpetrated only when freedom does icy to finance Soviet industrialization 2000 b not reign in a land. Therefore, we must had a disastrous effect on agricultural Only God knows the true count of the maintain our dedication to freedom productivity. In fact, between the First millions of Ukrainian peasants and vil- and representative government. World War and the Second World War lage dwellers who were systematically We must resist anyone who attempts productivity in agriculture doubled, starved to death as collectivization of to take it from us. We must help those but not with the industrialization and the countryside made independent in the world who have gained their the collectivization. The Northern farming impossible. democratic freedoms to keep them Caucasus and the Lower Volga River Inside the borders of the Soviet alive and nurture them into maturity. area were part of that famine that oc- Union, over 50 million people ulti- We must not rest until such seemingly curred. mately perished through the end of the simple gifts as a right to life and the Without regard for the negative con- Second World War, beginning with up- right to pursue happiness are guaran- sequences of this policy, Stalin raised wards of 8 million innocent people who teed for every person in the world. Ukraine’s grain quotas by 44 percent. died during forced famine of the early Democratic freedoms must prevail Because Soviet law required that the 1930s. The totalitarian regime of Jo- more now than ever. Recent events government’s grain quota be filled be- seph Stalin understood the power of make us more aware of precious endow- fore no other food distribution, peas- food as the most fundamental weapon ments of our known Nationhood. Now ants were effectively starved to death. and used it cruelly. we have an additional reason to con- Stalin enforced this law absolutely For several centuries, Ukraine then tinue our work for democratization and mercilessly. Those who refused to give fought for its freedom. When forced to defense of human rights. The memory up their grain were executed or de- join the U.S.S.R. in the 20th century, of those who died defenselessly in this ported. The death toll from the famine Ukrainians resisted with valor. The struggle so long ago deserve to be hon- is estimated to be 6 to 7 million people. forests of Western Ukraine are filled ored. That is quite a bit when Stalin, the For several centuries, Ukraine has with the bones of their sacrifice. Every dictator, had killed about 25 million in fought for its freedom. When forced to family suffered permanent losses. Yet his own country. join the U.S.S.R., Ukrainians resisted no threats or punishments could deter Yet, despite this atrocity, Ukrainians with valor. In furtherance of this re- Ukraine from its constant attempts to still struggled to restore their inde- membrance, I would strongly encour- leave the Soviet Union and restore its pendence and freedom. There is no age the United States Commission for independence. doubt that when Ukraine declared its the Preservation of America’s Heritage Fearing for the integrity of its em- independence on August 24, 1991, it vin- Abroad, and the U.S.-Ukraine Joint pire, the Soviet regime then decided to dicated the deaths of so many Ukrain- Cultural Heritage Commission, each simply eliminate Ukrainian culture by ians during the famine. funded annually by the Congress of the destroying the intellectual and mili- Madam Speaker, during the difficult United States on behalf of the people of tary elite that pursued ideals of free- time in our own country, it is impor- the United States, to accurately reflect dom and liberty. The regime falsified tant to recognize the courage of other the great famine in their historical history and finally starved millions peoples and other generations in the documentations, including cemeteries, upon millions into submission. long struggle for freedom. It is equally massacre sites and other hallowed Genocide of this magnitude is unpar- important that we build on this exam- grounds in Ukraine. Those commemo- alleled in human history. It is almost ple by teaching compassion to our rations should also give proper tribute young people and reinforcing our re- impossible to comprehend a political and restore the lost heritage resulting solve to prevail over evil. system that would contemplate and from the mass immigration of writers We must never forget that many in- plan the deaths of millions of its citi- and scholars to the West. zens. These deaths of men, women, In closing, Madam Speaker, we will nocent lives have been taken to under- children and elderly were executed in mourn the lives of these innocent peo- mine our commitment to the ideals of the most tortuous ways imaginable. ple lost to history on November 17, freedom and democracy. With this Young men were forcibly inducted into 2001, when a commemorative service commemoration, we honor the memory the military, taken from their farms will be held in St. Patrick’s Cathedral of Ukrainians whose lives were lost in and villages. Families that did not co- in New York City. Let us never forget the struggle to gain independence; and operate were shot. The remaining mil- them. Let us work ever harder to build we renew our commitment to justice lions were starved to death. Women a world free of terror for our children. for all. and children scratched in the frozen In this week, Ukrainian Prime Min- f earth to find even an onion to make ister Viktor Yushchenko will be here, soup in the winter. Mothers died to COMMEMORATION OF THE 68TH and I hope many Members in the House give their last shreds of food to their ANNIVERSARY OF THE UKRAIN- would have an opportunity to meet the children. IAN FAMINE-GENOCIDE OF 1932– new Prime Minister and its former pro- History shows even in the face of 1933 market reform. We hope that never such brutality, Ukrainians did not re- The SPEAKER pro tempore (Ms. again on Russia at all or Ukraine treat. They continued to fight for free- HART). Under a previous order of the should such brutal murders and such dom. Deep in their souls their spirits House, the gentleman from California wrong groups take place. remained unbent and steadfast. (Mr. HORN) is recognized for 5 minutes. f When Ukrainian independence finally Mr. HORN. Madam Speaker, I rise The SPEAKER pro tempore. Under a was declared in 1991, Ukrainian patri- today to honor the memory of millions previous order of the House, the gentle- ots did not rest. They refused to forget of innocent Ukrainians who were sys- woman from the District of Columbia their roots and live like tumbleweeds. tematically starved to death by the So- (Ms. NORTON) is recognized for 5 min- Life without a homeland for them was viet Government in 1932 and 1933. utes.

VerDate 06-NOV-2001 04:00 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.081 pfrm02 PsN: H06PT1 H7786 CONGRESSIONAL RECORD — HOUSE November 6, 2001 (Ms. NORTON addressed the House. does not limit the lengthy opinion here gun, a can of Mace, and several knives Her remarks will appear hereafter in to that extent. There is lots more mis- in his carry-on luggage bag passed the Extensions of Remarks.) chief to be done by this zealotry. through screening at the airport with- f Thirty people last year in Oregon, 30 out anyone stopping him whatsoever. people chose to use the Death With That was after he had actually shown DEATH WITH DIGNITY ACT Dignity Act by their own hand, hu- them two knives that he was carrying The SPEAKER pro tempore. Under a manely ending their lives just a bit on the plane. This did not alert them previous order of the House, the gen- early to avoid horrible suffering. Now, whatsoever. They let him proceed right tleman from Oregon (Mr. DEFAZIO) is what is wrong with that? What is so through that security point. recognized for 5 minutes. dangerous about that that the Attor- He was stopped at the gate. He was Mr. DEFAZIO. Madam Speaker, we ney General has to take a full day off stopped by a United Airlines employee know that Attorney General Ashcroft from the war on terrorism and divert who had been informed by some other is very busy. His Department is at- some of his staff from the war on ter- United employees that he had pur- tempting to track down the perpetra- rorism to an attack on the initiative of chased a one-way ticket with cash. tors of the anthrax attacks on our citi- the State of Oregon, of the people of That United person at the gate stopped zenry. And there are more than 1,000 Oregon, and the idea of death with dig- him, went through his bag, did find the Federal detainees who need to be inter- nity? Mace, did find the stun gun, did find rogated and investigated for possible This is extraordinary to me. And the other knives. He was taken into links to terrorism. There are other pos- doing it by manipulating the Con- custody by the Chicago Police Depart- sible terrorist cells he tells us that are trolled Substances Act and injecting ment. He was turned over to the FBI. at work in the United States to be ex- the Drug Enforcement Administration He was then released by the FBI. By posed and uprooted. He has recently into these extraordinarily sensitive that time, though, he missed his flight warned us of other potential impending end-of-life decisions which should in- to Omaha, a flight that he had put attacks. volve an individual, their loved ones, checked luggage on that wound up He is a very, very busy gentleman, their minister, pastor, priest, rabbi, a going to Omaha. After all of this, no obviously. But unfortunately not busy counselor, psychologist, friends. But one thought to remove his bag from enough to keep him from making mis- why does the Drug Enforcement Ad- the plane that went to Omaha. chief. Today he took a day off from the ministration have to be in that room? This shows that we have to get rid of war against terrorism in a detour to Why should they be involved and inter- the status quo. We have to start with launch his own attack on the people of vene in this sort of decision? They have something brand new as far as aviation the State of Oregon. no qualifications. They have no right. security. That is why we have to pass a Oregon twice passed a law to provide They have no place. Leave the people bill as quickly as we possibly can. death with dignity, assisted suicide. We of Oregon alone. Thanksgiving is the greatest travel day built in extraordinary protections. In fact, I would suggest that perhaps we have in this Nation. We must have People had to have a terminal diag- Attorney General Ashcroft would want a new security bill in place before that nosis within 6 months. It had to be con- to focus his efforts on defending the so the American flying public will feel firmed by more than one physician. people of Oregon and the people of the secure. They had to undergo psychological United States against all unwarranted There were eight screeners that the evaluation. No one could administer attacks and also protect our civil lib- FBI said were fired at O’Hare Airport the prescription to them, but a physi- erties and our states right at the same because of this incident. Argenbright, cian could provide it if they so chose. time, which he is certainly not doing the security company, simply said that He sees this as an assault on the with this decision. they were suspended. Of those eight in- American people and feels that it takes dividuals, three of them have criminal priority, I guess, even in these busy f records. One of them is a known mem- times for him, to undo. And unfortu- The SPEAKER pro tempore. Under a ber of a gang. That is why we must nately, the mischief of the work he is previous order of the House, the gen- change the status quo in aviation secu- doing here goes far beyond the State of tleman from Michigan (Mr. STUPAK) is rity as quickly as possible. Oregon. Because what he is doing will recognized for 5 minutes. Since September 11, the aviation in- chill the aggressive management of (Mr. STUPAK addressed the House. dustry has contracted to a very, very pain for people with terminal illnesses His remarks will appear hereafter in significant degree. At Newark, Reagan across the United States. the Extensions of Remarks.) National, and Houston, flights are This is an area in which we have f down by 35 percent; at Kennedy, 34 per- made a little bit of progress in the last cent; Seattle, Boston, LaGuardia, Port- quarter of a century. It is no longer GREATER AIRLINE SECURITY land, and San Francisco, they are all considered that someone has to die in The SPEAKER pro tempore. Under a down by over 25 percent. The Nation’s extraordinary pain. More and more previous order of the House, the gen- top 31 airports are all down a minimum physicians will treat that aggressively, tleman from Illinois (Mr. LIPINSKI) is of 18 percent. Since September 11, even at the risk of potentially short- recognized for 5 minutes. United Airlines and American Airlines ening someone’s life by a tiny bit just Mr. LIPINSKI. Madam Speaker, we have cut 22 percent of their flights; to make them more comfortable. must pass as soon as possible an avia- Northwest, 15 percent; U.S. Airways, 25 But because of this decision and this tion security bill. It has been over 6 percent; Delta, 15 percent; Alaskan Air- action by Attorney General Ashcroft, weeks since we passed the bail-out bill lines, 26 percent; and Continental, 44 that is not going to happen anymore. for the airline industry. I said at the percent. Because physicians across America and time that I could not vote for that bill, We are never going to get this econ- most assuredly in Oregon are going to not because it was a bad bill, but be- omy going until we pass an upgraded have to worry that the Drug Enforce- cause it did not do anything to protect aviation security bill, and we must ment Administration using the Con- laid-off workers in the aviation com- pass that as quickly as possible. The trolled Substances Act, people totally munity. And it did nothing to upgrade House has named their conferees, the unqualified in the practice of medicine, security in this country. House has made a motion to instruct are going to be looking over their Today we still have that problem. those conferees to go to conference, shoulder and wanting to know what People are still not willing to get back and we are waiting for the Senate. The was their intent in writing that pre- into planes to any great degree. Senate must move as quickly as pos- scription. sible and join the House in conference Now, Mr. Ashcroft rather innocently b 2015 so we can work out a bill to protect all says in his memorandum here that Just this past Saturday at O’Hare, we the American flying public by the end they will just probably prosecute peo- had another incident that shows that of this week, so people will know the ple by looking for the required paper- we have to change security in this skies are safe when they are flying at work in the State of Oregon, but he country. An individual carrying a stun Thanksgiving.

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.084 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7787 ANNOUNCEMENT BY THE SPEAKER tion: Provided further, That such sums as may GUARANTEED TRANSITIONAL HOUSING LOANS FOR PRO TEMPORE be earned on an actual qualifying patient basis, HOMELESS VETERANS PROGRAM ACCOUNT shall be reimbursed to ‘‘Medical facilities revolv- The SPEAKER pro tempore (Ms. For the administrative expenses to carry out ing fund’’ to augment the funding of individual the guaranteed transitional housing loan pro- HART). The Chair must remind all medical facilities for nursing home care provided gram authorized by 38 U.S.C. chapter 37, sub- Members not to urge Senate action. to pensioners as authorized. chapter VI, not to exceed $750,000 of the f READJUSTMENT BENEFITS amounts appropriated by this Act for ‘‘General For the payment of readjustment and rehabili- CONFERENCE REPORT ON H.R. 2620, operating expenses’’ and ‘‘Medical care’’ may be tation benefits to or on behalf of veterans as au- expended. DEPARTMENTS OF VETERANS thorized by law (38 U.S.C. chapters 21, 30, 31, VETERANS HEALTH ADMINISTRATION AFFAIRS AND HOUSING AND 34, 35, 36, 39, 51, 53, 55, and 61), $2,135,000,000, URBAN DEVELOPMENT, AND to remain available until expended: Provided, MEDICAL CARE INDEPENDENT AGENCIES APPRO- That expenses for rehabilitation program serv- (INCLUDING TRANSFER OF FUNDS) PRIATIONS ACT, 2002 ices and assistance which the Secretary is au- For necessary expenses for the maintenance thorized to provide under section 3104(a) of title and operation of hospitals, nursing homes, and Mr. WALSH submitted the following 38, United States Code, other than under sub- domiciliary facilities; for furnishing, as author- conference report on the bill (H.R. 2620) section (a)(1), (2), (5) and (11) of that section, ized by law, inpatient and outpatient care and making appropriations for the Depart- shall be charged to this account. treatment to beneficiaries of the Department of ments of Veterans Affairs and Housing VETERANS INSURANCE AND INDEMNITIES Veterans Affairs, including care and treatment and Urban Development, and for sun- For military and naval insurance, national in facilities not under the jurisdiction of the de- dry independent agencies, boards, com- service life insurance, servicemen’s indemnities, partment; and furnishing recreational facilities, missions, corporations, and offices for service-disabled veterans insurance, and vet- supplies, and equipment; funeral, burial, and erans mortgage life insurance as authorized by the fiscal year ending September 30, other expenses incidental thereto for bene- 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487, ficiaries receiving care in the department; ad- 2002, and for other purposes: $26,200,000, to remain available until expended. ministrative expenses in support of planning, CONFERENCE REPORT (H. REPT. 107–272) VETERANS HOUSING BENEFIT PROGRAM FUND design, project management, real property ac- The committee of conference on the dis- PROGRAM ACCOUNT quisition and disposition, construction and ren- agreeing votes of the two Houses on the (INCLUDING TRANSFER OF FUNDS) ovation of any facility under the jurisdiction or amendment of the Senate to the bill (H.R. For the cost of direct and guaranteed loans, for the use of the department; oversight, engi- 2620) ‘‘making appropriations for the Depart- such sums as may be necessary to carry out the neering and architectural activities not charged ments of Veterans Affairs and Housing and program, as authorized by 38 U.S.C. chapter 37, to project cost; repairing, altering, improving or Urban Development, and for sundry inde- as amended: Provided, That such costs, includ- providing facilities in the several hospitals and pendent agencies, boards, commissions, cor- ing the cost of modifying such loans, shall be as homes under the jurisdiction of the department, porations, and offices for the fiscal year end- defined in section 502 of the Congressional not otherwise provided for, either by contract or ing September 30, 2002, and for other pur- Budget Act of 1974, as amended: Provided fur- by the hire of temporary employees and pur- poses’’, having met, after full and free con- ther, That during fiscal year 2002, within the re- chase of materials; uniforms or allowances ference, have agreed to recommend and do sources available, not to exceed $300,000 in gross therefor, as authorized by 5 U.S.C. 5901–5902; recommend to their respective Houses as fol- obligations for direct loans are authorized for aid to State homes as authorized by 38 U.S.C. lows: specially adapted housing loans. 1741; administrative and legal expenses of the That the House recede from its disagree- In addition, for administrative expenses to department for collecting and recovering ment to the amendment of the Senate, and carry out the direct and guaranteed loan pro- amounts owed the department as authorized agree to the same with an amendment, as grams, $164,497,000, which may be transferred to under 38 U.S.C. chapter 17, and the Federal follows: and merged with the appropriation for ‘‘General Medical Care Recovery Act, 42 U.S.C. 2651 et In lieu of the matter stricken and inserted operating expenses’’. seq., $21,331,164,000, plus reimbursements: Pro- by said amendment, insert: EDUCATION LOAN FUND PROGRAM ACCOUNT vided, That of the funds made available under That the following sums are appropriated, out (INCLUDING TRANSFER OF FUNDS) this heading, $675,000,000 is for the equipment of any money in the Treasury not otherwise ap- For the cost of direct loans, $1,000, as author- and land and structures object classifications propriated, for the Departments of Veterans Af- ized by 38 U.S.C. 3698, as amended: Provided, only, which amount shall not become available fairs and Housing and Urban Development, and That such costs, including the cost of modifying for obligation until August 1, 2002, and shall re- for sundry independent agencies, boards, com- such loans, shall be as defined in section 502 of main available until September 30, 2003: Pro- missions, corporations, and offices for the fiscal the Congressional Budget Act of 1974, as amend- vided further, That of the funds made available year ending September 30, 2002, and for other ed: Provided further, That these funds are under this heading, not to exceed $900,000,000 purposes, namely: available to subsidize gross obligations for the shall be available until September 30, 2003: Pro- TITLE I—DEPARTMENT OF VETERANS principal amount of direct loans not to exceed vided further, That of the funds made available AFFAIRS $3,400. under this heading for non-recurring mainte- nance and repair (NRM) activities, $15,000,000 VETERANS BENEFITS ADMINISTRATION In addition, for administrative expenses nec- shall be available without fiscal year limitation COMPENSATION AND PENSIONS essary to carry out the direct loan program, $64,000, which may be transferred to and merged to support the NRM activities necessary to im- (INCLUDING TRANSFER OF FUNDS) with the appropriation for ‘‘General operating plement Capital Asset Realignment for En- For the payment of compensation benefits to expenses’’. hanced Services (CARES) activities: Provided or on behalf of veterans and a pilot program for further, That from amounts appropriated under VOCATIONAL REHABILITATION LOANS PROGRAM disability examinations as authorized by law (38 this heading, additional amounts, as designated ACCOUNT U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and by the Secretary no later than September 30, 61); pension benefits to or on behalf of veterans (INCLUDING TRANSFER OF FUNDS) 2002, may be used for CARES activities without as authorized by law (38 U.S.C. chapters 15, 51, For the cost of direct loans, $72,000, as au- fiscal year limitation: Provided further, That 53, 55, and 61; 92 Stat. 2508); and burial benefits, thorized by 38 U.S.C. chapter 31, as amended: the Secretary of Veterans Affairs shall conduct emergency and other officers’ retirement pay, Provided, That such costs, including the cost of by contract a program of recovery audits for the adjusted-service credits and certificates, pay- modifying such loans, shall be as defined in sec- fee basis and other medical services contracts ment of premiums due on commercial life insur- tion 502 of the Congressional Budget Act of 1974, with respect to payments for hospital care; and, ance policies guaranteed under the provisions of as amended: Provided further, That funds made notwithstanding 31 U.S.C. 3302(b), amounts col- article IV of the Soldiers’ and Sailors’ Civil Re- available under this heading are available to lected, by setoff or otherwise, as the result of lief Act of 1940 (50 U.S.C. App. 540 et seq.) and subsidize gross obligations for the principal such audits shall be available, without fiscal for other benefits as authorized by law (38 amount of direct loans not to exceed $3,301,000. year limitation, for the purposes for which U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, In addition, for administrative expenses nec- funds are appropriated under this heading and 53, 55, and 61; 50 U.S.C. App. 540–548; 43 Stat. essary to carry out the direct loan program, the purposes of paying a contractor a percent of 122, 123; 45 Stat. 735; 76 Stat. 1198), $274,000, which may be transferred to and the amount collected as a result of an audit car- $24,944,288,000, to remain available until ex- merged with the appropriation for ‘‘General op- ried out by the contractor: Provided further, pended: Provided, That not to exceed $17,940,000 erating expenses’’. That all amounts so collected under the pre- of the amount appropriated under this heading NATIVE AMERICAN VETERAN HOUSING LOAN ceding proviso with respect to a designated shall be reimbursed to ‘‘General operating ex- PROGRAM ACCOUNT health care region (as that term is defined in 38 penses’’ and ‘‘Medical care’’ for necessary ex- (INCLUDING TRANSFER OF FUNDS) U.S.C. 1729A(d)(2)) shall be allocated, net of penses in implementing those provisions author- For administrative expenses to carry out the payments to the contractor, to that region. ized in the Omnibus Budget Reconciliation Act direct loan program authorized by 38 U.S.C. In addition, in conformance with Public Law of 1990, and in the Veterans’ Benefits Act of chapter 37, subchapter V, as amended, $544,000, 105–33 establishing the Department of Veterans 1992 (38 U.S.C. chapters 51, 53, and 55), the which may be transferred to and merged with Affairs Medical Care Collections Fund, such funding source for which is specifically provided the appropriation for ‘‘General operating ex- sums as may be deposited to such Fund pursu- as the ‘‘Compensation and pensions’’ appropria- penses’’. ant to 38 U.S.C. 1729A may be transferred to this

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00063 Fmt 7634 Sfmt 6333 E:\CR\FM\K06NO7.089 pfrm02 PsN: H06PT1 H7788 CONGRESSIONAL RECORD — HOUSE November 6, 2001 account, to remain available until expended for a project were made available in a previous priated under this heading, additional amounts the purposes of this account. major project appropriation, $183,180,000, to re- may be used for CARES activities upon notifica- MEDICAL AND PROSTHETIC RESEARCH main available until expended, of which tion of and approval by the Committees on Ap- For necessary expenses in carrying out pro- $60,000,000 shall be for Capital Asset Realign- propriations: Provided further, That funds in grams of medical and prosthetic research and ment for Enhanced Services (CARES) activities; this account shall be available for: (1) repairs to development as authorized by 38 U.S.C. chapter and of which not to exceed $20,000,000 shall be any of the nonmedical facilities under the juris- 73, to remain available until September 30, 2003, for costs associated with land acquisitions for diction or for the use of the department which $371,000,000, plus reimbursements. national cemeteries in the vicinity of Sac- are necessary because of loss or damage caused MEDICAL ADMINISTRATION AND MISCELLANEOUS ramento, California; Pittsburgh, Pennsylvania; by any natural disaster or catastrophe; and (2) OPERATING EXPENSES and Detroit, Michigan: Provided, That of the temporary measures necessary to prevent or to amount made available under this heading for minimize further loss by such causes. For necessary expenses in the administration CARES activities, up to $40,000,000 shall be for of the medical, hospital, nursing home, domi- PARKING REVOLVING FUND construction of a blind and spinal cord injury ciliary, construction, supply, and research ac- For the parking revolving fund as authorized center at the Hines Veterans Affairs Medical tivities, as authorized by law; administrative ex- by 38 U.S.C. 8109, income from fees collected and Center pursuant to the Veterans Integrated penses in support of capital policy activities, $4,000,000 from the General Fund, both to re- Service Network (VISN) 12 CARES study, and $66,731,000, plus reimbursements: Provided, That main available until expended, which shall be construction of such center is hereby deemed technical and consulting services offered by the available for all authorized expenses except op- authorized pursuant to title 38, United States Facilities Management Field Service, including erations and maintenance costs, which will be Code: Provided further, That the amounts des- project management and real property adminis- funded from ‘‘Medical care’’. ignated in the previous proviso shall be avail- tration (including leases, site acquisition and GRANTS FOR CONSTRUCTION OF STATE EXTENDED able for obligation only after the Secretary of disposal activities directly supporting projects), CARE FACILITIES Veterans Affairs has initiated all actions nec- shall be provided to Department of Veterans Af- For grants to assist States to acquire or con- essary to implement fully Option B of the July fairs components only on a reimbursable basis, struct State nursing home and domiciliary fa- 19, 2001 VISN 12 Service Delivery Options after and such amounts will remain available until cilities and to remodel, modify or alter existing consulting with interested and affected parties, September 30, 2002. hospital, nursing home and domiciliary facilities and has initiated Phase II of the CARES proc- in State homes, for furnishing care to veterans DEPARTMENTAL ADMINISTRATION ess: Provided further, That except for advance as authorized by 38 U.S.C. 8131–8137, GENERAL OPERATING EXPENSES planning activities, including needs assessments $100,000,000, to remain available until expended. For necessary operating expenses of the De- which may or may not lead to capital invest- partment of Veterans Affairs, not otherwise pro- ments, and other capital asset management re- GRANTS FOR CONSTRUCTION OF STATE VETERANS vided for, including administrative expenses in lated activities, such as portfolio development CEMETERIES support of Department-wide capital planning, and management activities, and investment For grants to aid States in establishing, ex- management and policy activities, uniforms or strategy studies funded through the advance panding, or improving State veterans cemeteries allowances therefor; not to exceed $25,000 for of- planning fund and the planning and design ac- as authorized by 38 U.S.C. 2408, $25,000,000, to ficial reception and representation expenses; tivities funded through the design fund and remain available until expended. hire of passenger motor vehicles; and reimburse- CARES funds, including needs assessments ADMINISTRATIVE PROVISIONS ment of the General Services Administration for which may or may not lead to capital invest- (INCLUDING TRANSFER OF FUNDS) security guard services, and the Department of ments, none of the funds appropriated under SEC. 101. Any appropriation for fiscal year Defense for the cost of overseas employee mail, this heading shall be used for any project which 2002 for ‘‘Compensation and pensions’’, ‘‘Read- $1,195,728,000: Provided, That expenses for serv- has not been approved by the Congress in the justment benefits’’, and ‘‘Veterans insurance ices and assistance authorized under 38 U.S.C. budgetary process: Provided further, That funds and indemnities’’ may be transferred to any 3104(a)(1), (2), (5), and (11) that the Secretary provided in this appropriation for fiscal year other of the mentioned appropriations. determines are necessary to enable entitled vet- 2002, for each approved project (except those for SEC. 102. Appropriations available to the De- erans: (1) to the maximum extent feasible, to be- CARES activities and the three land acquisi- partment of Veterans Affairs for fiscal year 2002 come employable and to obtain and maintain tions referenced above) shall be obligated: (1) by for salaries and expenses shall be available for suitable employment; or (2) to achieve maximum the awarding of a construction documents con- services authorized by 5 U.S.C. 3109. independence in daily living, shall be charged to tract by September 30, 2002; and (2) by the SEC. 103. No appropriations in this Act for the this account: Provided further, That of the awarding of a construction contract by Sep- Department of Veterans Affairs (except the ap- funds made available under this heading, not to tember 30, 2003: Provided further, That the Sec- propriations for ‘‘Construction, major projects’’, exceed $60,000,000 shall be available for obliga- retary of Veterans Affairs shall promptly report ‘‘Construction, minor projects’’, and the ‘‘Park- tion until September 30, 2003: Provided further, in writing to the Committees on Appropriations ing revolving fund’’) shall be available for the That from the funds made available under this any approved major construction project in purchase of any site for or toward the construc- heading, the Veterans Benefits Administration which obligations are not incurred within the tion of any new hospital or home. may purchase up to four passenger motor vehi- time limitations established above: Provided fur- SEC. 104. No appropriations in this Act for the cles for use in operations of that Administration ther, That no funds from any other account ex- Department of Veterans Affairs shall be avail- in Manila, Philippines: Provided further, That cept the ‘‘Parking revolving fund’’, may be obli- able for hospitalization or examination of any travel expenses for this account shall not exceed gated for constructing, altering, extending, or persons (except beneficiaries entitled under the $15,665,000. improving a project which was approved in the laws bestowing such benefits to veterans, and NATIONAL CEMETERY ADMINISTRATION budget process and funded in this account until persons receiving such treatment under 5 U.S.C. one year after substantial completion and bene- For necessary expenses of the National Ceme- 7901–7904 or 42 U.S.C. 5141–5204), unless reim- ficial occupancy by the Department of Veterans tery Administration for operations and mainte- bursement of cost is made to the ‘‘Medical care’’ Affairs of the project or any part thereof with nance, not otherwise provided for, including account at such rates as may be fixed by the respect to that part only. uniforms or allowances therefor; cemeterial ex- Secretary of Veterans Affairs. penses as authorized by law; purchase of one CONSTRUCTION, MINOR PROJECTS SEC. 105. Appropriations available to the De- passenger motor vehicle for use in cemeterial op- For constructing, altering, extending, and im- partment of Veterans Affairs for fiscal year 2002 erations; and hire of passenger motor vehicles, proving any of the facilities under the jurisdic- for ‘‘Compensation and pensions’’, ‘‘Readjust- $121,169,000. tion or for the use of the Department of Vet- ment benefits’’, and ‘‘Veterans insurance and erans Affairs, including planning and assess- indemnities’’ shall be available for payment of OFFICE OF INSPECTOR GENERAL ments of needs which may lead to capital invest- prior year accrued obligations required to be re- For necessary expenses of the Office of In- ments, architectural and engineering services, corded by law against the corresponding prior spector General in carrying out the Inspector maintenance or guarantee period services costs year accounts within the last quarter of fiscal General Act of 1978, as amended, $52,308,000. associated with equipment guarantees provided year 2001. CONSTRUCTION, MAJOR PROJECTS under the project, services of claims analysts, SEC. 106. Appropriations accounts available to For constructing, altering, extending and im- offsite utility and storm drainage system con- the Department of Veterans Affairs for fiscal proving any of the facilities under the jurisdic- struction costs, and site acquisition, or for any year 2002 shall be available to pay prior year ob- tion or for the use of the Department of Vet- of the purposes set forth in sections 316, 2404, ligations of corresponding prior year appropria- erans Affairs, or for any of the purposes set 2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and tions accounts resulting from title X of the Com- forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8162 of title 38, United States Code, where the petitive Equality Banking Act, Public Law 100– 8108, 8109, 8110, and 8122 of title 38, United estimated cost of a project is less than $4,000,000, 86, except that if such obligations are from trust States Code, including planning, architectural $210,900,000, to remain available until expended, fund accounts they shall be payable from ‘‘Com- and engineering services, maintenance or guar- along with unobligated balances of previous pensation and pensions’’. antee period services costs associated with ‘‘Construction, minor projects’’ appropriations SEC. 107. Notwithstanding any other provision equipment guarantees provided under the which are hereby made available for any project of law, during fiscal year 2002, the Secretary of project, services of claims analysts, offsite utility where the estimated cost is less than $4,000,000, Veterans Affairs shall, from the National Serv- and storm drainage system construction costs, of which $25,000,000 shall be for Capital Asset ice Life Insurance Fund (38 U.S.C. 1920), the and site acquisition, where the estimated cost of Realignment for Enhanced Services (CARES) Veterans’ Special Life Insurance Fund (38 a project is $4,000,000 or more or where funds for activities: Provided, That from amounts appro- U.S.C. 1923), and the United States Government

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00064 Fmt 7634 Sfmt 6333 E:\CR\FM\A06NO7.020 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7789 Life Insurance Fund (38 U.S.C. 1955), reimburse from 60 days to 30 days the amount of reserve gram for which the funds were originally appro- the ‘‘General operating expenses’’ account for funds made available to public housing authori- priated shall not be available for this rescission: the cost of administration of the insurance pro- ties: Provided further, That of the total amount Provided further, That the Secretary shall have grams financed through those accounts: Pro- provided under this heading, $16,071,975,000, of until September 30, 2002, to meet the rescission vided, That reimbursement shall be made only which $11,231,975,000 and the aforementioned in the proviso preceding the immediately pre- from the surplus earnings accumulated in an in- recaptures shall be available on October 1, 2001 ceding proviso: Provided further, That any obli- surance program in fiscal year 2002, that are and $4,200,000,000 shall be available on October gated balances of contract authority that have available for dividends in that program after 1, 2002, shall be for assistance under the United been terminated shall be canceled. claims have been paid and actuarially deter- States Housing Act of 1937, as amended (‘‘the PUBLIC HOUSING CAPITAL FUND mined reserves have been set aside: Provided Act’’ herein) (42 U.S.C. 1437 et seq.): Provided (INCLUDING TRANSFER OF FUNDS) further, That if the cost of administration of an further, That the foregoing amounts shall be for For the Public Housing Capital Fund Program insurance program exceeds the amount of sur- use in connection with expiring or terminating to carry out capital and management activities plus earnings accumulated in that program, re- section 8 subsidy contracts, for amendments to for public housing agencies, as authorized imbursement shall be made only to the extent of section 8 subsidy contracts, for enhanced vouch- under section 9 of the United States Housing such surplus earnings: Provided further, That ers (including amendments and renewals) under Act of 1937, as amended (42 U.S.C. 1437g), the Secretary shall determine the cost of admin- any provision of law authorizing such assist- $2,843,400,000, to remain available until Sep- ance under section 8(t) of the Act (42 U.S.C. istration for fiscal year 2002, which is properly tember 30, 2005: Provided, That, hereafter, not- 1437f(t)), contract administrators, and contracts allocable to the provision of each insurance pro- withstanding any other provision of law or any entered into pursuant to section 441 of the gram and to the provision of any total disability failure of the Secretary of Housing and Urban McKinney-Vento Homeless Assistance Act: Pro- income insurance included in such insurance Development to issue regulations to carry out vided further, That amounts available under the program. section 9(j) of the United States Housing Act of second proviso under this heading shall be SEC. 108. Notwithstanding any other provision 1937 (42 U.S.C. 1437g(j)), such section is deemed available for section 8 rental assistance under of law, the Department of Veterans Affairs shall to have taken effect on October 1, 1998, and, ex- the Act: (1) for the relocation and replacement continue the Franchise Fund pilot program au- cept as otherwise provided in this heading, shall of housing units that are demolished or disposed thorized to be established by section 403 of Pub- apply to all assistance made available under of pursuant to the Omnibus Consolidated Re- lic Law 103–356 until October 1, 2002: Provided, this same heading on or after such date: Pro- That the Franchise Fund, established by Title I scissions and Appropriations Act of 1996 (Public Law 104–134; Stat. 1321–269); (2) for the conver- vided further, That of the total amount provided of Public Law 104–204 to finance the operations under this heading, in addition to amounts oth- of the Franchise Fund pilot program, shall con- sion of section 23 projects to assistance under section 8; (3) for funds to carry out the family erwise allocated under this heading, $550,000,000 tinue until October 1, 2002. shall be allocated for such capital and manage- SEC. 109. Amounts deducted from enhanced- unification program; (4) for the relocation of ment activities only among public housing agen- use lease proceeds to reimburse an account for witnesses in connection with efforts to combat cies that have obligated all assistance for the expenses incurred by that account during a crime in public and assisted housing pursuant agency for fiscal years 1998 and 1999 made prior fiscal year for providing enhanced-use to a request from a law enforcement or prosecu- available under this same heading in accord- lease services, may be obligated during the fiscal tion agency; (5) for tenant protection assistance, ance with the requirements under paragraphs year in which the proceeds are received. including replacement and relocation assist- (1) and (2) of section 9(j) of such Act: Provided SEC. 110. Funds available in any Department ance; and (6) for the 1-year renewal of section further, That notwithstanding any other provi- of Veterans Affairs appropriation for fiscal year 8 contracts for units in projects that are subject sion of law or regulation, during fiscal year 2002 or funds for salaries and other administra- to approved plans of action under the Emer- 2002, the Secretary may not delegate to any De- tive expenses shall also be available to reimburse gency Low Income Housing Preservation Act of partment official other than the Deputy Sec- the Office of Resolution Management and the 1987 or the Low-Income Housing Preservation retary any authority under paragraph (2) of Office of Employment Discrimination Complaint and Resident Homeownership Act of 1990: Pro- such section 9(j) regarding the extension of the Adjudication for all services provided at rates vided further, That of the total amount provided time periods under such section for obligation of which will recover actual costs but not exceed under this heading, no less than $13,400,000 amounts made available for fiscal year 1998, $28,555,000 for the Office of Resolution Manage- shall be transferred to the Working Capital 1999, 2000, 2001, or 2002: Provided further, That ment and $2,383,000 for the Office of Employ- Fund for the development and maintenance of notwithstanding the first proviso and para- ment and Discrimination Complaint Adjudica- information technology systems: Provided fur- graphs (3) and (5)(B) of such section 9(j), if at tion: Provided, That payments may be made in ther, That of the total amount provided under any time before the effectiveness of final regula- advance for services to be furnished based on es- this heading, $143,979,000 shall be made avail- tions issued by the Secretary under section 6(j) timated costs: Provided further, That amounts able for incremental vouchers under section 8 of of the United States Housing Act of 1937 (42 received shall be credited to ‘‘General operating the Act, of which $103,979,000 shall be made U.S.C. 1437d(j)) providing for assessment of pub- expenses’’ for use by the office that provided the available on a fair share basis to those public lic housing agencies and designation of high- service. housing agencies that have no less than a 97 SEC. 111. The Secretary of Veterans Affairs percent occupancy rate; and of which performing agencies, any amounts made avail- shall treat the North Dakota Veterans Cemetery, $40,000,000 shall be made available to nonelderly able under the public housing Capital Fund for Mandan, North Dakota, as a veterans cemetery disabled families affected by the designation of fiscal year 1999, 2000, 2001, or 2002 remain unob- owned by the State of North Dakota for pur- a public housing development under section 7 of ligated in violation of paragraph (1) of such sec- poses of making grants to States in expanding or the Act, the establishment of preferences in ac- tion 9(j) or unexpended in violation of para- improving veterans cemeteries under section 2408 cordance with section 651 of the Housing and graph (5)(A) of such section 9(j), the Secretary of title 38, United States Code. This section shall Community Development Act of 1992 (42 U.S.C. shall recapture any such amounts and reallo- take effect on the date of enactment of this Act, 13611), or the restriction of occupancy to elderly cate such amounts among public housing agen- and shall apply with respect to grants under families in accordance with section 658 of such cies that, at the time of such reallocation, are section 2408 of title 38, United States Code, that Act (42 U.S.C. 13618), and to the extent the Sec- not in violation of any requirement under para- occur on or after that date. retary determines that such amount is not need- graph (1) or (5)(A) of such section: Provided fur- ed to fund applications for such affected fami- ther, That for purposes of this heading, the term TITLE II—DEPARTMENT OF HOUSING AND lies, to other nonelderly disabled families: Pro- ‘‘obligate’’ means, with respect to amounts, that URBAN DEVELOPMENT vided further, That up to $195,601,000 from the amounts are subject to a binding agreement PUBLIC AND INDIAN HOUSING amounts made available under this heading may that will result in outlays immediately or in the HOUSING CERTIFICATE FUND be made available for contract administrators: future: Provided further, That of the total (INCLUDING TRANSFER AND RESCISSION OF FUNDS) Provided further, That amounts available under amount provided under this heading, up to For activities and assistance to prevent the in- this heading may be made available for adminis- $51,000,000 shall be for carrying out activities voluntary displacement of low-income families, trative fees and other expenses to cover the cost under section 9(h) of such Act, of which up to the elderly and the disabled because of the loss of administering rental assistance programs $10,000,000 shall be for the provision of remedi- of affordable housing stock, expiration of sub- under section 8 of the Act: Provided further, ation services to public housing agencies identi- sidy contracts (other than contracts for which That the fee otherwise authorized under section fied as ‘‘troubled’’ under the Section 8 Manage- amounts are provided under another heading in 8(q) of the Act shall be determined in accord- ment Assessment Program: Provided further, this Act) or expiration of use restrictions, or ance with section 8(q), as in effect immediately That of the total amount provided under this other changes in housing assistance arrange- before the enactment of the Quality Housing heading, up to $500,000 shall be for lease adjust- ments, and for other purposes, $16,280,975,000, of and Work Responsibility Act of 1998: Provided ments to section 23 projects, and no less than which $640,000,000 shall be from unobligated further, That $1,200,000,000 is rescinded from $52,700,000 shall be transferred to the Working balances from amounts recaptured from fiscal unobligated balances remaining from funds ap- Capital Fund for the development and mainte- year 2000 and prior years pursuant to a reduc- propriated to the Department of Housing and nance of information technology systems: Pro- tion in the amounts provided for Annual Con- Urban Development under this heading or the vided further, That no funds may be used under tributions Contract Reserve Accounts, and heading ‘‘Annual contributions for assisted this heading for the purposes specified in sec- amounts that are recaptured in this account to housing’’ or any other heading for fiscal year tion 9(k) of the United States Housing Act of remain available until expended: Provided, That 2001 and prior years: Provided further, That 1937, as amended: Provided further, That of the not later than October 1, 2001, the Department any such balances governed by reallocation pro- total amount provided under this heading, up to of Housing and Urban Development shall reduce visions under the statute authorizing the pro- $75,000,000 shall be available for the Secretary of

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00065 Fmt 7634 Sfmt 6333 E:\CR\FM\A06NO7.022 pfrm02 PsN: H06PT1 H7790 CONGRESSIONAL RECORD — HOUSE November 6, 2001 Housing and Urban Development to make shall be contracted through the Secretary as by the AIDS Housing Opportunity Act (42 grants to public housing agencies for emergency technical assistance and capacity building to be U.S.C. 12901 et seq.), $277,432,000, to remain capital needs resulting from emergencies and used by the National American Indian Housing available until September 30, 2003: Provided, natural disasters in fiscal year 2002: Provided Council in support of the implementation of That the Secretary shall renew all expiring con- further, That of the total amount provided NAHASDA; of which $5,000,000 shall be to sup- tracts for permanent supportive housing that under this heading, $15,000,000 shall be for a port the inspection of Indian housing units, were funded under section 854(c)(3) of such Act Neighborhood Networks initiative for activities contract expertise, training, and technical as- that meet all program requirements before authorized in section 9(d)(1)(E) of the United sistance in the training, oversight, and manage- awarding funds for new contracts and activities States Housing Act of 1937, as amended: Pro- ment of Indian housing and tenant-based assist- authorized under this section: Provided further, vided further, That notwithstanding any other ance, including up to $300,000 for related travel; That the Secretary may use up to $2,000,000 of provision of law, amounts made available in the and of which no less than $3,000,000 shall be the funds under this heading for training, over- previous proviso shall be awarded to public transferred to the Working Capital Fund for the sight, and technical assistance activities. housing agencies on a competitive basis as pro- development and maintenance of information RURAL HOUSING AND ECONOMIC DEVELOPMENT vided in section 102 of the Department of Hous- technology systems: Provided, That of the For the Office of Rural Housing and Eco- ing and Urban Development Reform Act of 1989. amount provided under this heading, $5,987,000 nomic Development in the Department of Hous- PUBLIC HOUSING OPERATING FUND shall be made available for the cost of guaran- ing and Urban Development, $25,000,000 to re- (INCLUDING TRANSFER AND RESCISSION OF FUNDS) teed notes and other obligations, as authorized main available until expended, which amount For payments to public housing agencies for by title VI of NAHASDA: Provided further, That shall be awarded by June 1, 2002, to Indian the operation and management of public hous- such costs, including the costs of modifying tribes, State housing finance agencies, State ing, as authorized by section 9(e) of the United such notes and other obligations, shall be as de- community and/or economic development agen- States Housing Act of 1937, as amended (42 fined in section 502 of the Congressional Budget cies, local rural nonprofits and community de- U.S.C. 1437g(e)), $3,494,868,000, to remain avail- Act of 1974, as amended: Provided further, That velopment corporations to support innovative able until September 30, 2003: Provided, That of these funds are available to subsidize the total housing and economic development activities in the total amount provided under this heading, principal amount of any notes and other obliga- rural areas: Provided, That all grants shall be $5,000,000 shall be provided to the Office of In- tions, any part of which is to be guaranteed, not awarded on a competitive basis as specified in spector General: Provided further, That of the to exceed $52,726,000: Provided further, That the section 102 of the Department of Housing and total amount provided under this heading, Secretary of Housing and Urban Development Urban Development Reform Act of 1989. may provide technical and financial assistance $10,000,000 shall be for programs, as determined EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES appropriate by the Attorney General, which as- to Indian tribes and their tribally-designated housing entities in accordance with the provi- For grants in connection with a second round sist in the investigation, prosecution, and pre- of empowerment zones and enterprise commu- vention of violent crimes and drug offenses in sions of NAHASDA for emergency housing, housing assistance, and other assistance to ad- nities, $45,000,000, to remain available until ex- public and federally-assisted low-income hous- pended, for ‘‘Urban Empowerment Zones’’, as ing, including Indian housing: Provided fur- dress the problem of mold: Provided further, That for administrative expenses to carry out authorized in section 1391(g) of the Internal ther, That funds made available in the previous Revenue Code of 1986 (26 U.S.C. 1391(g)), includ- proviso shall be administered by the Department the guaranteed loan program, up to $150,000 from amounts in the first proviso, which shall be ing $3,000,000 for each empowerment zone for of Justice through a reimbursable agreement use in conjunction with economic development with the Department of Housing and Urban De- transferred to and merged with the appropria- tion for ‘‘Salaries and expenses’’, to be used activities consistent with the strategic plan of velopment: Provided further, That no funds may each empowerment zone. be used under this heading for the purposes only for the administrative costs of these guar- COMMUNITY DEVELOPMENT FUND specified in section 9(k) of the United States antees. Housing Act of 1937, as amended: Provided fur- INDIAN HOUSING LOAN GUARANTEE FUND (INCLUDING TRANSFERS OF FUNDS) ther, That of the unobligated balances remain- PROGRAM ACCOUNT For assistance to units of State and local gov- ing from funds appropriated in fiscal year 2001 (INCLUDING TRANSFER OF FUNDS) ernment, and to other entities, for economic and and prior years under the heading ‘‘Drug elimi- For the cost of guaranteed loans, as author- community development activities, and for other nation grants for low-income housing’’ for ac- ized by section 184 of the Housing and Commu- purposes, $5,000,000,000, to remain available tivities related to the Operation Safe Home Pro- nity Development Act of 1992 (12 U.S.C. 1715z– until September 30, 2004: Provided, That of the gram, $11,000,000 is hereby rescinded. 13a), $5,987,000, to remain available until ex- amount provided, $4,341,000,000 is for carrying REVITALIZATION OF SEVERELY DISTRESSED PUBLIC pended: Provided, That such costs, including out the community development block grant pro- HOUSING (HOPE VI) the costs of modifying such loans, shall be as gram under title I of the Housing and Commu- For grants to public housing agencies for dem- defined in section 502 of the Congressional nity Development Act of 1974, as amended (the olition, site revitalization, replacement housing, Budget Act of 1974, as amended: Provided fur- ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided and tenant-based assistance grants to projects ther, That these funds are available to subsidize further, That $70,000,000 shall be for grants to as authorized by section 24 of the United States total loan principal, any part of which is to be Indian tribes notwithstanding section 106(a)(1) Housing Act of 1937, as amended, $573,735,000 to guaranteed, not to exceed $234,283,000. of such Act; $3,300,000 shall be available as a remain available until September 30, 2003, of In addition, for administrative expenses to grant to the Housing Assistance Council; which the Secretary may use up to $6,250,000 for carry out the guaranteed loan program, up to $2,600,000 shall be available as a grant to the technical assistance and contract expertise, to $200,000 from amounts in the first paragraph, National American Indian Housing Council; be provided directly or indirectly by grants, con- which shall be transferred to and merged with $5,000,000 shall be available as a grant to the tracts or cooperative agreements, including the appropriation for ‘‘Salaries and expenses’’, National Housing Development Corporation, for training and cost of necessary travel for partici- to be used only for the administrative costs of operating expenses not to exceed $2,000,000 and pants in such training, by or to officials and these guarantees. for a program of affordable housing acquisition employees of the department and of public hous- NATIVE HAWAIIAN HOUSING LOAN GUARANTEE and rehabilitation; $5,000,000 shall be available ing agencies and to residents: Provided, That FUND as a grant to the National Council of La Raza none of such funds shall be used directly or in- (INCLUDING TRANSFER OF FUNDS) for the HOPE Fund, of which $500,000 is for directly by granting competitive advantage in For the cost of guaranteed loans, as author- technical assistance and fund management, and awards to settle litigation or pay judgments, un- ized by section 184A of the Housing and Commu- $4,500,000 is for investments in the HOPE Fund less expressly permitted herein: Provided fur- nity Development Act of 1992 (12 U.S.C. 1715z– and financing to affiliated organizations; and ther, That of the total amount provided under 13b), $1,000,000, to remain available until ex- $42,500,000 shall be for grants pursuant to sec- this heading, $5,000,000 shall be for a Neighbor- pended: Provided, That such costs, including tion 107 of the Act of which $4,000,000 shall be hood Networks initiative for activities author- the costs of modifying such loans, shall be as made available to support Alaska Native serving ized in section 24(d)(1)(G) of the United States defined in section 502 of the Congressional institutions and Native Hawaiian serving insti- Housing Act of 1937, as amended: Provided fur- Budget Act of 1974, as amended: Provided fur- tutions as defined under the Higher Education ther, That notwithstanding any other provision ther, That these funds are available to subsidize Act, as amended, and of which $3,000,000 shall of law, amounts made available in the previous total loan principal, any part of which is to be be made available to tribal colleges and univer- proviso shall be awarded to public housing guaranteed, not to exceed $40,000,000. sities to build, expand, renovate and equip their agencies on a competitive basis as provided in In addition, for administrative expenses to facilities: Provided further, That $9,600,000 shall section 102 of the Department of Housing and carry out the guaranteed loan program, up to be made available to the Department of Hawai- Urban Development Reform Act of 1989. $35,000 from amounts in the first paragraph, ian Homelands to provide assistance as author- ized under title VIII of the Native American NATIVE AMERICAN HOUSING BLOCK GRANTS which shall be transferred to and merged with the appropriation for ‘‘Salaries and expenses’’, Housing Assistance and Self-Determination Act (INCLUDING TRANSFERS OF FUNDS) to be used only for the administrative costs of of 1996 (22 U.S.C. 4221 et seq.) (with no more For the Native American Housing Block these guarantees. than 5 percent of such funds being available for Grants program, as authorized under title I of administrative costs): Provided further, That no the Native American Housing Assistance and COMMUNITY PLANNING AND DEVELOPMENT less than $13,800,000 shall be transferred to the Self-Determination Act of 1996 (NAHASDA) (25 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS Working Capital Fund for the development and U.S.C. 4111 et seq.), $648,570,000, to remain For carrying out the Housing Opportunities maintenance of information technology systems: available until expended, of which $2,200,000 for Persons with AIDS program, as authorized Provided further, That $22,000,000 shall be for

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00066 Fmt 7634 Sfmt 6333 E:\CR\FM\A06NO7.024 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7791

grants pursuant to the Self Help Housing Op- COMMUNITY DEVELOPMENT LOAN GUARANTEES gram requirements and financial standards, as portunity Program: Provided further, That not PROGRAM ACCOUNT determined by the Secretary: Provided further, to exceed 20 percent of any grant made with (INCLUDING TRANSFER OF FUNDS) That all awards of assistance under this head- funds appropriated under this heading (other For the cost of guaranteed loans, $14,000,000, ing shall be required to coordinate and integrate than a grant made available in this paragraph to remain available until September 30, 2003, as homeless programs with other mainstream to the Housing Assistance Council or the Na- authorized by section 108 of the Housing and health, social services, and employment pro- tional American Indian Housing Council, or a Community Development Act of 1974, as amend- grams for which homeless populations may be grant using funds under section 107(b)(3) of the ed: Provided, That such costs, including the cost eligible, including Medicaid, State Children’s Act) shall be expended for ‘‘Planning and Man- of modifying such loans, shall be as defined in Health Insurance Program, Temporary Assist- agement Development’’ and ‘‘Administration’’, section 502 of the Congressional Budget Act of ance for Needy Families, Food Stamps, and as defined in regulations promulgated by the 1974, as amended: Provided further, That these services funding through the Mental Health and Department. funds are available to subsidize total loan prin- Substance Abuse Block Grant, Workforce In- vestment Act, and the Welfare-to-Work grant Of the amount made available under this cipal, any part of which is to be guaranteed, not program: Provided further, That $2,000,000 of heading, $29,000,000 shall be made available for to exceed $608,696,000, notwithstanding any ag- the funds appropriated under this heading shall capacity building, of which $25,000,000 shall be gregate limitation on outstanding obligations guaranteed in section 108(k) of the Housing and be available for the national homeless data made available for Capacity Building for Com- analysis project: Provided further, That munity Development and Affordable Housing Community Development Act of 1974, as amend- ed: Provided further, That in addition, for ad- $6,600,000 of the funds appropriated under this for LISC and the Enterprise Foundation for ac- heading shall be available for technical assist- tivities as authorized by section 4 of the HUD ministrative expenses to carry out the guaran- teed loan program, $1,000,000, which shall be ance: Provided further, That no less than Demonstration Act of 1993 (42 U.S.C. 9816 note), $5,600,000 of the funds appropriated under this as in effect immediately before June 12, 1997, transferred to and merged with the appropria- tion for ‘‘Salaries and expenses’’. heading shall be transferred to the Working with not less than $5,000,000 of the funding to be Capital Fund: Provided further, That $500,000 BROWNFIELDS REDEVELOPMENT used in rural areas, including tribal areas, and shall be made available to the Interagency of which $4,000,000 shall be for capacity build- For Economic Development Grants, as author- Council on the Homeless for administrative ing activities administered by Habitat for Hu- ized by section 108(q) of the Housing and Com- needs. manity International. munity Development Act of 1974, as amended, HOUSING PROGRAMS Of the amount made available under this for Brownfields redevelopment projects, heading, the Secretary of Housing and Urban $25,000,000, to remain available until September HOUSING FOR SPECIAL POPULATIONS 30, 2003: Provided, That the Secretary of Hous- Development may use up to $55,000,000 for sup- (INCLUDING TRANSFER OF FUNDS) portive services for public housing residents, as ing and Urban Development shall make these grants available on a competitive basis as speci- For assistance for the purchase, construction, authorized by section 34 of the United States acquisition, or development of additional public Housing Act of 1937, as amended, and for resi- fied in section 102 of the Department of Housing and Urban Development Reform Act of 1989. and subsidized housing units for low income dents of housing assisted under the Native families not otherwise provided for, HOME INVESTMENT PARTNERSHIPS PROGRAM American Housing Assistance and Self-Deter- $1,024,151,000, to remain available until Sep- mination Act of 1996 (NAHASDA) and for grants (INCLUDING TRANSFER OF FUNDS) tember 30, 2004: Provided, That $783,286,000 for service coordinators and congregate services For the HOME investment partnerships pro- shall be for capital advances, including amend- for the elderly and disabled residents of public gram, as authorized under title II of the Cran- ments to capital advance contracts, for housing and assisted housing and housing assisted ston-Gonzalez National Affordable Housing Act, for the elderly, as authorized by section 202 of under NAHASDA. as amended, $1,846,040,000 to remain available the Housing Act of 1959, as amended, and for until September 30, 2004: Provided, That of the Of the amount made available under this project rental assistance for the elderly under total amount provided under this heading, heading, $42,000,000 shall be available for neigh- section 202(c)(2) of such Act, including amend- $50,000,000 shall be available for the Downpay- borhood initiatives that are utilized to improve ments to contracts for such assistance and re- ment Assistance Initiative, subject to the enact- the conditions of distressed and blighted areas newal of expiring contracts for such assistance ment of subsequent legislation authorizing such and neighborhoods, to stimulate investment, for up to a 1-year term, and for supportive serv- initiative: Provided further, That should legisla- economic diversification, and community revi- ices associated with the housing, of which tion authorizing such initiative not be enacted talization in areas with population outmigration amount $50,000,000 shall be for service coordina- by June 30, 2002, amounts designated in the pre- or a stagnating or declining economic base, or to tors and the continuation of existing congregate vious proviso shall become available for any determine whether housing benefits can be inte- service grants for residents of assisted housing such purpose authorized under title II of the grated more effectively with welfare reform ini- projects, and of which amount $50,000,000 shall Cranston-Gonzalez National Affordable Housing tiatives: Provided, That these grants shall be be for grants under section 202b of the Housing Act, as amended: Provided further, That of the provided in accord with the terms and condi- Act of 1959 (12 U.S.C. 1701q–2) for conversion of total amount provided under this heading, up to tions specified in the statement of managers ac- eligible projects under such section to assisted $20,000,000 shall be available for housing coun- companying this conference report. living or related use: Provided further, That of seling under section 106 of the Housing and the amount under this heading, $240,865,000 Of the amount made available under this Urban Development Act of 1968; and no less shall be for capital advances, including amend- heading, notwithstanding any other provision than $17,000,000 shall be transferred to the ments to capital advance contracts, for sup- of law, $65,000,000 shall be available for Working Capital Fund for the development and portive housing for persons with disabilities, as YouthBuild program activities authorized by maintenance of information technology systems. authorized by section 811 of the Cranston-Gon- subtitle D of title IV of the Cranston-Gonzalez HOMELESS ASSISTANCE GRANTS zalez National Affordable Housing Act, for National Affordable Housing Act, as amended, (INCLUDING TRANSFER OF FUNDS) project rental assistance for supportive housing and such activities shall be an eligible activity For the emergency shelter grants program as for persons with disabilities under section with respect to any funds made available under authorized under subtitle B of title IV of the 811(d)(2) of such Act, including amendments to this heading: Provided, That local YouthBuild McKinney-Vento Homeless Assistance Act, as contracts for such assistance and renewal of ex- programs that demonstrate an ability to leverage amended; the supportive housing program as piring contracts for such assistance for up to a private and nonprofit funding shall be given a authorized under subtitle C of title IV of such 1-year term, and for supportive services associ- priority for YouthBuild funding: Provided fur- Act; the section 8 moderate rehabilitation single ated with the housing for persons with disabil- ther, That no more than ten percent of any room occupancy program as authorized under ities as authorized by section 811(b)(1) of such grant award may be used for administrative the United States Housing Act of 1937, as Act, and for tenant-based rental assistance con- costs: Provided further, That not less than amended, to assist homeless individuals pursu- tracts entered into pursuant to section 811 of $10,000,000 shall be available for grants to estab- ant to section 441 of the McKinney-Vento Home- such Act: Provided further, That no less than lish Youthbuild programs in underserved and less Assistance Act; and the shelter plus care $1,200,000, to be divided evenly between the ap- rural areas: Provided further, That of the program as authorized under subtitle F of title propriations for the section 202 and section 811 amount provided under this paragraph, IV of such Act, $1,122,525,000, to remain avail- programs, shall be transferred to the Working $2,000,000 shall be set aside and made available able until September 30, 2004: Provided, That Capital Fund for the development and mainte- for a grant to YouthBuild USA for capacity not less than 30 percent of funds made avail- nance of information technology systems: Pro- building for community development and afford- able, excluding amounts provided for renewals vided further, That, in addition to amounts able housing activities as specified in section 4 under the shelter plus care program, shall be made available for renewal of tenant-based of the HUD Demonstration Act of 1993, as used for permanent housing: Provided further, rental assistance contracts pursuant to the sec- amended. That all funds awarded for services shall be ond proviso of this paragraph, the Secretary Of the amount made available under this matched by 25 percent in funding by each may designate up to 25 percent of the amounts heading, $294,200,000 shall be available for grantee: Provided further, That the Secretary earmarked under this paragraph for section 811 grants for the Economic Development Initiative shall renew on an annual basis expiring con- of such Act for tenant-based assistance, as au- (EDI) to finance a variety of targeted economic tracts or amendments to contracts funded under thorized under that section, including such au- investments in accordance with the terms and the shelter plus care program if the program is thority as may be waived under the next pro- conditions specified in the statement of man- determined to be needed under the applicable viso, which assistance is five years in duration: agers accompanying this conference report. continuum of care and meets appropriate pro- Provided further, That the Secretary may waive

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00067 Fmt 7634 Sfmt 6333 E:\CR\FM\A06NO7.026 pfrm02 PsN: H06PT1 H7792 CONGRESSIONAL RECORD — HOUSE November 6, 2001 any provision of such section 202 and such sec- tions, as that term is defined in section 502 of by section 206 of Public Law 106–74, with the tion 811 (including the provisions governing the the Congressional Budget Act of 1974, as amend- final report due no later than May 30, 2002 and terms and conditions of project rental assistance ed, $15,000,000, to remain available until ex- a termination date of August 30, 2002, notwith- and tenant-based assistance) that the Secretary pended: Provided, That these funds are avail- standing section 206 (f) and (g) of Public Law determines is not necessary to achieve the objec- able to subsidize total loan principal, any part 106–74: Provided further, That $1,000,000 shall tives of these programs, or that otherwise im- of which is to be guaranteed, of up to be for necessary expenses of the commission es- pedes the ability to develop, operate, or admin- $21,000,000,000: Provided further, That any tablished under section 525 of the Preserving Af- ister projects assisted under these programs, and amounts made available in any prior appropria- fordable Housing for Senior Citizens and Fami- may make provision for alternative conditions or tions Act for the cost (as such term is defined in lies in the 21st Century Act, with the final re- terms where appropriate. section 502 of the Congressional Budget Act of port due no later than June 30, 2002 and a ter- FLEXIBLE SUBSIDY FUND 1974) of guaranteed loans that are obligations of mination date of September 30, 2002, notwith- standing section 525 (f) and (g) of Public Law (TRANSFER OF FUNDS) the funds established under section 238 or 519 of 106–74: Provided further, That of the total From the Rental Housing Assistance Fund, all the National Housing Act that have not been amount provided under this heading, $8,750,000 uncommitted balances of excess rental charges obligated or that are deobligated shall be avail- shall be for the Partnership for Advancing as of September 30, 2001, and any collections able to the Secretary of Housing and Urban De- Technology in Housing (PATH) Initiative. made during fiscal year 2002, shall be trans- velopment in connection with the making of ferred to the Flexible Subsidy Fund, as author- such guarantees and shall remain available FAIR HOUSING AND EQUAL OPPORTUNITY ized by section 236(g) of the National Housing until expended, notwithstanding the expiration FAIR HOUSING ACTIVITIES Act, as amended. of any period of availability otherwise applica- For contracts, grants, and other assistance, MANUFACTURED HOUSING FEES TRUST FUND ble to such amounts. not otherwise provided for, as authorized by Gross obligations for the principal amount of For necessary expenses as authorized by the title VIII of the Civil Rights Act of 1968, as direct loans, as authorized by sections 204(g), National Manufactured Housing Construction amended by the Fair Housing Amendments Act 207(l), 238, and 519(a) of the National Housing and Safety Standards Act of 1974, as amended of 1988, and section 561 of the Housing and Act, shall not exceed $50,000,000, of which not to (42 U.S.C. 5401 et seq.), $13,566,000, to remain Community Development Act of 1987, as amend- exceed $30,000,000 shall be for bridge financing available until expended, to be derived from the ed, $45,899,000, to remain available until Sep- in connection with the sale of multifamily real Manufactured Housing Fees Trust Fund: Pro- tember 30, 2003, of which $20,250,000 shall be to properties owned by the Secretary and formerly vided, That not to exceed the total amount ap- carry out activities pursuant to such section 561: insured under such Act; and of which not to ex- propriated under this heading shall be available Provided, That no funds made available under ceed $20,000,000 shall be for loans to nonprofit from the general fund of the Treasury to the ex- this heading shall be used to lobby the executive and governmental entities in connection with tent necessary to incur obligations and make ex- or legislative branches of the Federal Govern- the sale of single-family real properties owned penditures pending the receipt of collections to ment in connection with a specific contract, by the Secretary and formerly insured under the Fund pursuant to section 620 of such Act: grant or loan. such Act. Provided further, That the amount made avail- OFFICE OF LEAD HAZARD CONTROL In addition, for administrative expenses nec- able under this heading from the general fund LEAD HAZARD REDUCTION essary to carry out the guaranteed and direct shall be reduced as such collections are received For the Lead Hazard Reduction Program, as loan programs, $216,100,000, of which during fiscal year 2002 so as to result in a final authorized by section 1011 of the Residential $197,779,000, shall be transferred to the appro- fiscal year 2002 appropriation from the general Lead-Based Paint Hazard Reduction Act of priation for ‘‘Salaries and expenses’’; and of fund estimated at not more than $0 and fees 1992, $109,758,000 to remain available until Sep- which $18,321,000 shall be transferred to the ap- pursuant to such section 620 shall be modified as tember 30, 2003, of which $10,000,000 shall be for propriation for ‘‘Office of Inspector General’’. necessary to ensure such a final fiscal year 2002 the Healthy Homes Initiative, pursuant to sec- In addition, for administrative contract ex- appropriation. tions 501 and 502 of the Housing and Urban De- penses necessary to carry out the guaranteed velopment Act of 1970 that shall include re- FEDERAL HOUSING ADMINISTRATION and direct loan programs, $144,000,000, of which search, studies, testing, and demonstration ef- MUTUAL MORTGAGE INSURANCE PROGRAM no less than $41,000,000 shall be transferred to forts, including education and outreach con- ACCOUNT the Working Capital Fund for the development cerning lead-based paint poisoning and other and maintenance of information technology sys- (INCLUDING TRANSFERS OF FUNDS) housing-related diseases and hazards: Provided, tems: Provided, That to the extent guaranteed During fiscal year 2002, commitments to guar- That of the amounts provided under this head- loan commitments exceed $8,426,000,000 on or be- antee loans to carry out the purposes of section ing, $3,500,000 shall be for a one-time grant to fore April 1, 2002, an additional $1,980 for ad- 203(b) of the National Housing Act, as amended, the National Center for Lead-Safe Housing. shall not exceed a loan principal of ministrative contract expenses shall be available ANAGEMENT AND ADMINISTRATION $160,000,000,000. for each $1,000,000 in additional guaranteed M During fiscal year 2002, obligations to make loan commitments over $8,426,000,000 (including SALARIES AND EXPENSES direct loans to carry out the purposes of section a pro rata amount for any increment below (INCLUDING TRANSFERS OF FUNDS) 204(g) of the National Housing Act, as amended, $1,000,000), but in no case shall funds made For necessary administrative and non-admin- shall not exceed $250,000,000: Provided, That the available by this proviso exceed $14,400,000. istrative expenses of the Department of Housing foregoing amount shall be for loans to nonprofit GOVERNMENT NATIONAL MORTGAGE ASSOCIATION and Urban Development, not otherwise provided and governmental entities in connection with (GNMA) for, including not to exceed $25,000 for official sales of single family real properties owned by reception and representation expenses, GUARANTEES OF MORTGAGE-BACKED SECURITIES the Secretary and formerly insured under the $1,097,292,000, of which $530,457,000 shall be pro- LOAN GUARANTEE PROGRAM ACCOUNT Mutual Mortgage Insurance Fund. vided from the various funds of the Federal For administrative expenses necessary to (INCLUDING TRANSFER OF FUNDS) Housing Administration, $9,383,000 shall be pro- carry out the guaranteed and direct loan pro- New commitments to issue guarantees to carry vided from funds of the Government National gram, $336,700,000, of which not to exceed out the purposes of section 306 of the National Mortgage Association, $1,000,000 shall be pro- $332,678,000 shall be transferred to the appro- Housing Act, as amended (12 U.S.C. 1721(g)), vided from the ‘‘Community development loan priation for ‘‘Salaries and expenses’’; and not to shall not exceed $200,000,000,000, to remain guarantees program’’ account, $150,000 shall be exceed $4,022,000 shall be transferred to the ap- available until September 30, 2003. provided by transfer from the ‘‘Native American propriation for ‘‘Office of Inspector General’’. For administrative expenses necessary to housing block grants’’ account, $200,000 shall be In addition, for administrative contract ex- carry out the guaranteed mortgage-backed secu- provided by transfer from the ‘‘Indian housing penses, $160,000,000, of which no less than rities program, $9,383,000, to be derived from the loan guarantee fund program’’ account and $118,400,000 shall be transferred to the Working GNMA guarantees of mortgage-backed securities $35,000 shall be transferred from the ‘‘Native Capital Fund for the development and mainte- guaranteed loan receipt account, of which not Hawaiian housing loan guarantee fund’’ ac- nance of information technology systems: Pro- to exceed $9,383,000 shall be transferred to the count: Provided, That no less than $85,000,000 vided, That to the extent guaranteed loan com- appropriation for ‘‘Salaries and expenses’’. shall be transferred to the Working Capital mitments exceed $65,500,000,000 on or before POLICY DEVELOPMENT AND RESEARCH Fund for the development and maintenance of April 1, 2002, an additional $1,400 for adminis- RESEARCH AND TECHNOLOGY information technology systems: Provided fur- trative contract expenses shall be available for For contracts, grants, and necessary expenses ther, That the Secretary shall fill 7 out of 10 va- each $1,000,000 in additional guaranteed loan of programs of research and studies relating to cancies at the GS–14 and GS–15 levels until the commitments (including a pro rata amount for housing and urban problems, not otherwise pro- total number of GS–14 and GS–15 positions in any amount below $1,000,000), but in no case vided for, as authorized by title V of the Hous- the Department has been reduced from the num- shall funds made available by this proviso ex- ing and Urban Development Act of 1970, as ber of GS–14 and GS–15 positions on the date of ceed $16,000,000. amended (12 U.S.C. 1701z–1 et seq.), including enactment of Public Law 106–377 by two and GENERAL AND SPECIAL RISK PROGRAM ACCOUNT carrying out the functions of the Secretary one-half percent: Provided further, That the (INCLUDING TRANSFERS OF FUNDS) under section 1(a)(1)(i) of Reorganization Plan Secretary shall submit a staffing plan for the For the cost of guaranteed loans, as author- No. 2 of 1968, $50,250,000, to remain available Department by January 15, 2002. ized by sections 238 and 519 of the National until September 30, 2003: Provided, That OFFICE OF INSPECTOR GENERAL Housing Act (12 U.S.C. 1715z–3 and 1735c), in- $1,500,000 shall be for necessary expenses of the For necessary expenses of the Office of In- cluding the cost of loan guarantee modifica- Millennial Housing Commission, as authorized spector General in carrying out the Inspector

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00068 Fmt 7634 Sfmt 6333 E:\CR\FM\A06NO7.028 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7793 General Act of 1978, as amended, $93,898,000, of clause (i) in fiscal year 2002 do not have the of the State of Michigan specified in subsection which $22,343,000 shall be provided from the var- number of cases of acquired immunodeficiency (b) of this section, notwithstanding paragraphs ious funds of the Federal Housing Administra- syndrome (AIDS) required under such clause. (3) and (18)(B)(iii) of such section 8(o), a family tion and $5,000,000 shall be provided from the (b) The amount of the allocation and grant residing in an assisted living facility in any appropriation for the ‘‘Public housing operating for any State described in subsection (a) shall be such county, on behalf of which a public hous- fund’’: Provided, That the Inspector General an amount based on the cumulative number of ing agency provides assistance pursuant to sec- shall have independent authority over all per- AIDS cases in the areas of that State that are tion 8(o)(18) of such Act, may be required, at the sonnel issues within the Office of Inspector Gen- outside of metropolitan statistical areas that time the family initially receives such assist- eral. qualify under clause (i) of such section ance, to pay rent in an amount exceeding 40 CONSOLIDATED FEE FUND 854(c)(1)(A) in fiscal year 2002, in proportion to percent of the monthly adjusted income of the (RESCISSION) AIDS cases among cities and States that qualify family by such a percentage or amount as the Of the balances remaining available from fees under clauses (i) and (ii) of such section and Secretary of Housing and Urban Development and charges under section 7(j) of the Depart- States deemed eligible under subsection (a). determines to be appropriate. ment of Housing and Urban Development Act, SEC. 204. (a) Section 225(a) of the Departments (b) The counties specified in this subsection $6,700,000 is rescinded. of Veterans Affairs and Housing and Urban De- are Oakland County, Macomb County, Wayne velopment, and Independent Agencies Appro- County, and Washtenaw County, in the State of OFFICE OF FEDERAL HOUSING ENTERPRISE priations Act, 2000, Public Law 106–74 (113 Stat. Michigan. OVERSIGHT 1076), is amended by inserting ‘‘and fiscal year SEC. 209. Section 533 of the National Housing SALARIES AND EXPENSES 2002’’ after ‘‘fiscal year 2001’’. Act (12 U.S.C. 1735f–11) is amended to read as (INCLUDING TRANSFER OF FUNDS) (b) Notwithstanding any other provision of follows: For carrying out the Federal Housing Enter- law, the Secretary of Housing and Urban Devel- ‘‘SEC. 533. REVIEW OF MORTGAGEE PERFORM- prises Financial Safety and Soundness Act of opment shall allocate to Wake County, North ANCE AND AUTHORITY TO TERMINATE.— 1992, including not to exceed $500 for official re- Carolina, the amounts that otherwise would be ‘‘(a) PERIODIC REVIEW OF MORTGAGEE PER- ception and representation expenses, $27,000,000, allocated for fiscal year 2002 under section FORMANCE.—To reduce losses in connection with to remain available until expended, to be de- 854(c) of the AIDS Housing Opportunity Act (42 single family mortgage insurance programs rived from the Federal Housing Enterprises U.S.C. 12903(c)) to the City of Raleigh, North under this Act, at least once a year the Sec- Oversight Fund: Provided, That not to exceed Carolina, on behalf of the Raleigh-Durham- retary shall review the rate of early defaults such amount shall be available from the general Chapel Hill, North Carolina Metropolitan Sta- and claims for insured single family mortgages fund of the Treasury to the extent necessary to tistical Area. Any amounts allocated to Wake originated or underwritten by each mortgagee. incur obligations and make expenditures pend- County shall be used to carry out eligible activi- ‘‘(b) COMPARISON WITH OTHER MORTGA- ing the receipt of collections to the Fund: Pro- ties under section 855 of such Act (42 U.S.C. GEES.—For each mortgagee, the Secretary shall vided further, That the general fund amount 12904) within such metropolitan statistical area. compare the rate of early defaults and claims shall be reduced as collections are received dur- SEC. 205. Section 106(c)(9) of the Housing and for insured single family mortgage loans origi- ing the fiscal year so as to result in a final ap- Urban Development Act of 1968 (12 U.S.C. nated or underwritten by the mortgagee in an propriation from the general fund estimated at 1701x(c)(9)) is repealed. area with the rate of early defaults and claims not more than $0: Provided further, That this SEC. 206. Section 251 of the National Housing for other mortgagees originating or under- Office shall submit a staffing plan to the House Act (12 U.S.C. 1715z–16) is amended— writing insured single family mortgage loans in and Senate Committees on Appropriations no (1) in subsection (b), by striking ‘‘issue regula- the area. For purposes of this section, the term later than January 30, 2002. tions’’ and all that follows and inserting the fol- ‘area’ means each geographic area in which the lowing: ‘‘require that the mortgagee make avail- mortgagee is authorized by the Secretary to ADMINISTRATIVE PROVISIONS able to the mortgagor, at the time of loan appli- originate insured single family mortgages. SEC. 201. Fifty percent of the amounts of cation, a written explanation of the features of ‘‘(c) TERMINATION OF MORTGAGEE ORIGINA- budget authority, or in lieu thereof 50 percent of an adjustable rate mortgage consistent with the TION APPROVAL.—(1) Notwithstanding section the cash amounts associated with such budget disclosure requirements applicable to variable 202(c) of this Act, the Secretary may terminate authority, that are recaptured from projects de- rate mortgages secured by a principal dwelling the approval of a mortgagee to originate or un- scribed in section 1012(a) of the Stewart B. under the Truth in Lending Act.’’; and derwrite single family mortgages if the Secretary McKinney Homeless Assistance Amendments Act (2) by adding the following new subsection at determines that the mortgage loans originated or of 1988 (42 U.S.C. 1437 note) shall be rescinded, the end: underwritten by the mortgagee present an unac- or in the case of cash, shall be remitted to the ‘‘(d)(1) The Secretary may insure under this ceptable risk to the insurance funds. The deter- Treasury, and such amounts of budget author- subsection a mortgage that meets the require- mination shall be based on the comparison re- ity or cash recaptured and not rescinded or re- ments of subsection (a), except that the effective quired under subsection (b) and shall be made in mitted to the Treasury shall be used by State rate of interest— accordance with regulations of the Secretary. housing finance agencies or local governments ‘‘(A) shall be fixed for a period of not less The Secretary may rely on existing regulations or local housing agencies with projects approved than the first 3 years of the mortgage term; published before this section takes effect. by the Secretary of Housing and Urban Devel- ‘‘(B) shall be adjusted by the mortgagee ini- ‘‘(2) The Secretary shall give a mortgagee at opment for which settlement occurred after Jan- tially upon the expiration of such period and least 60 days prior written notice of any termi- uary 1, 1992, in accordance with such section. annually thereafter; and nation under this subsection. The termination Notwithstanding the previous sentence, the Sec- ‘‘(C) in the case of the initial interest rate ad- shall take effect at the end of the notice period, retary may award up to 15 percent of the budget justment, is subject to the 1 percent limitation unless the Secretary withdraws the termination authority or cash recaptured and not rescinded only if the interest rate remained fixed for five notice or extends the notice period. If requested or remitted to the Treasury to provide project or fewer years. in writing by the mortgagee within 30 days of owners with incentives to refinance their project ‘‘(2) The disclosure required under subsection the date of the notice, the mortgagee shall be at a lower interest rate. (b) shall be required for a mortgage insured entitled to an informal conference with the offi- SEC. 202. None of the amounts made available under this subsection.’’. cial authorized to issue termination notices on under this Act may be used during fiscal year SEC. 207. (a) Section 203(c) of the National behalf of the Secretary (or a designee of that of- 2002 to investigate or prosecute under the Fair Housing Act (12 U.S.C. 1709(c)) is amended— ficial). At the informal conference, the mort- Housing Act any otherwise lawful activity en- (1) in paragraph (1), by striking ‘‘and (k)’’ gagee may present for consideration specific fac- gaged in by one or more persons, including the and inserting ‘‘or (k)’’; and tors that it believes were beyond its control and filing or maintaining of a non-frivolous legal ac- (2) in paragraph (2)— that caused the excessive default and claim tion, that is engaged in solely for the purpose of (A) by inserting after ‘‘subsection (v)’’ the fol- rate.’’. achieving or preventing action by a Government lowing: ‘‘and each mortgage that is insured SEC. 210. Except as explicitly provided in law, official or entity, or a court of competent juris- under subsection (k) or section 234(c),’’; and any grant or assistance made pursuant to title diction. (B) by striking ‘‘and executed on or after Oc- II of this Act shall be made on a competitive SEC. 203. (a) Notwithstanding section tober 1, 1994,’’. basis in accordance with section 102 of the De- 854(c)(1)(A) of the AIDS Housing Opportunity (b) The amendments made by subsection (a) partment of Housing and Urban Development Act (42 U.S.C. 12903(c)(1)(A)), from any amounts shall— Reform Act of 1989. made available under this title for fiscal year (1) apply only to mortgages that are executed SEC. 211. Public housing agencies in the States 2002 that are allocated under such section, the on or after the date of enactment of this Act; of Alaska, Iowa, and Mississippi shall not be re- Secretary of Housing and Urban Development and quired to comply with section 2(b) of the United shall allocate and make a grant, in the amount (2) be implemented in advance of any nec- States Housing Act of 1937, as amended, during determined under subsection (b), for any State essary conforming changes to regulations. fiscal year 2002. that— SEC. 208. (a) During fiscal year 2002, in the SEC. 212. Notwithstanding any other provision (1) received an allocation in a prior fiscal year provision of rental assistance under section 8(o) of law, in fiscal year 2002, in managing and dis- under clause (ii) of such section; and of the United States Housing Act of 1937 (42 posing of any multifamily property that is (2) is not otherwise eligible for an allocation U.S.C. 1437f(o)) in connection with a program to owned or held by the Secretary and is occupied for fiscal year 2002 under such clause (ii) be- demonstrate the economy and effectiveness of primarily by elderly or disabled families, the cause the areas in the State outside of the met- providing such assistance for use in assisted liv- Secretary of Housing and Urban Development ropolitan statistical areas that qualify under ing facilities that is carried out in the counties shall maintain any rental assistance payments

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00069 Fmt 7634 Sfmt 6333 E:\CR\FM\A06NO7.031 pfrm02 PsN: H06PT1 H7794 CONGRESSIONAL RECORD — HOUSE November 6, 2001 under section 8 of the United States Housing ‘‘$43,875’’, ‘‘$49,140’’, ‘‘$60,255’’, ‘‘$75,465’’, and TITLE III—INDEPENDENT AGENCIES Act of 1937 that are attached to any dwelling ‘‘$85,328’’, respectively. AMERICAN BATTLE MONUMENTS COMMISSION units in the property. To the extent the Sec- SEC. 214. Of the amounts appropriated in the SALARIES AND EXPENSES retary determines that such a multifamily prop- Consolidated Appropriations Act, 2001 (Public erty owned or held by the Secretary is not fea- Law 106–554), for the operation of an historical For necessary expenses, not otherwise pro- sible for continued rental assistance payments archive at the University of South Carolina, De- vided for, of the American Battle Monuments under such section 8, the Secretary may, in con- partment of Archives, South Carolina, such Commission, including the acquisition of land or sultation with the tenants of that property, con- funds shall be available to the University of interest in land in foreign countries; purchases tract for project-based rental assistance pay- South Carolina to fund an endowment for the and repair of uniforms for caretakers of na- ments with an owner or owners of other existing operation of an historical archive at the Univer- tional cemeteries and monuments outside of the housing properties or provide other rental assist- sity of South Carolina, without fiscal year limi- United States and its territories and possessions; ance. tation. rent of office and garage space in foreign coun- SEC. 213. (a) SECTION 207 LIMITS.—Section SEC. 215. Section 247 of the National Housing tries; purchase (one for replacement only) and 207(c)(3) of the National Housing Act (12 U.S.C. Act (12 U.S.C. 1715z–12) is amended— hire of passenger motor vehicles; and insurance 1713(c)(3)) is amended— (1) in subsection (d), by striking paragraphs of official motor vehicles in foreign countries, (1) by striking ‘‘$30,420’’, ‘‘$33,696’’, ‘‘$40,248’’, (1) and (2) and inserting the following: when required by law of such countries, ‘‘$49,608’’, and ‘‘$56,160’’ and inserting ‘‘(1) NATIVE HAWAIIAN.—The term ‘native Ha- $30,466,000, to remain available until expended. ‘‘$38,025’’, ‘‘$42,120’’, ‘‘$50,310’’, ‘‘$62,010’’, and waiian’ means any descendant of not less than In addition, for the partial cost of construc- ‘‘$70,200’’, respectively; one-half part of the blood of the races inhab- tion of a new interpretive and visitor center at (2) by striking ‘‘$9,000’’ and inserting iting the Hawaiian Islands before January 1, the American Cemetery in Normandy, France, ‘‘$11,250’’; and 1778, or, in the case of an individual who is $5,000,000, to remain available until expended: (3) by striking ‘‘$35,100’’, ‘‘$39,312’’, ‘‘$48,204’’, awarded an interest in a lease of Hawaiian Provided, That the Commission shall ensure ‘‘$60,372’’, and ‘‘$68,262’’ and inserting home lands through transfer or succession, such that the placement, scope and character of this ‘‘$43,875’’, ‘‘$49,140’’, ‘‘$60,255’’, ‘‘$75,465’’, and lower percentage as may be established for such new center protect the solemnity of the site and ‘‘$85,328’’, respectively. transfer or succession under section 208 or 209 of the sensitivity of interested parties including (b) SECTION 213 LIMITS.—Section 213(b)(2) of the Hawaiian Homes Commission Act of 1920 (42 families of servicemen interred at the cemetery, the National Housing Act (12 U.S.C. 1715e(b)(2)) Stat. 111), or under the corresponding provision the host country and Allied forces who partici- is amended— of the Constitution of the State of Hawaii pated in the invasion and ensuing battle: Pro- (1) by striking ‘‘$30,420’’, ‘‘$33,696’’, ‘‘$40,248’’, adopted under section 4 of the Act entitled ‘An vided further, That not more than $1,000,000 ‘‘$49,608’’, and ‘‘$56,160’’ and inserting Act to provide for the admission of the State of shall be for non-construction related costs in- ‘‘$38,025’’, ‘‘$42,120’’, ‘‘$50,310’’, ‘‘$62,010’’, and Hawaii into the Union’, approved March 18, cluding initial consultations with interested ‘‘$70,200’’, respectively; and 1959 (73 Stat. 5). parties and the conceptual study and design of (2) by striking ‘‘$35,100’’, ‘‘$39,312’’, ‘‘$48,204’’, ‘‘(2) HAWAIIAN HOME LANDS.—The term ‘Ha- the new center. ‘‘$60,372’’, and ‘‘$68,262’’ and inserting waiian home lands’ means all lands given the CHEMICAL SAFETY AND HAZARD INVESTIGATION ‘‘$43,875’’, ‘‘$49,140’’, ‘‘$60,255’’, ‘‘$75,465’’, and status of Hawaiian home lands under section BOARD ‘‘$85,328’’, respectively. 204 of the Hawaiian Homes Commission Act of SALARIES AND EXPENSES (c) SECTION 220 LIMITS.—Section 1920 (42 Stat. 110), or under the corresponding For necessary expenses in carrying out activi- 220(d)(3)(B)(iii) of the National Housing Act (12 provision of the Constitution of the State of Ha- ties pursuant to section 112(r)(6) of the Clean U.S.C. 1715k(d)(3)(B)(iii)) is amended— waii adopted under section 4 of the Act entitled (1) by striking ‘‘$30,420’’, ‘‘$33,696’’, ‘‘$40,248’’, Air Act, as amended, including hire of passenger ‘An Act to provide for the admission of the State ‘‘$49,608’’, and ‘‘$56,160’’ and inserting vehicles, uniforms or allowances therefor, as au- of Hawaii into the Union’, approved March 18, ‘‘$38,025’’, ‘‘$42,120’’, ‘‘$50,310’’, ‘‘$62,010’’, and thorized by 5 U.S.C. 5901–5902, and for services 1959 (73 Stat. 5).’’; and authorized by 5 U.S.C. 3109, but at rates for in- ‘‘$70,200’’, respectively; and (2) by adding at the end the following: (2) by striking ‘‘$35,100’’, ‘‘$39,312’’, ‘‘$48,204’’, dividuals not to exceed the per diem equivalent ‘‘(e) CERTIFICATION OF ELIGIBILITY FOR EXIST- ‘‘$60,372’’, and ‘‘$68,262’’ and inserting to the maximum rate payable for senior level po- ING LESSEES.—Possession of a lease of Hawaiian ‘‘$43,875’’, ‘‘$49,140’’, ‘‘$60,255’’, ‘‘$75,465’’, and home lands issued under section 207(a) of the sitions under 5 U.S.C. 5376, $7,850,000, $5,350,000 ‘‘$85,328’’, respectively. Hawaiian Homes Commission Act of 1920 (42 of which to remain available until September 30, (d) SECTION 221(d)(3) LIMITS.—Section Stat. 110), shall be sufficient to certify eligibility 2002 and $2,500,000 of which to remain available 221(d)(3)(ii) of the National Housing Act (12 to receive a mortgage under this section.’’. until September 30, 2003: Provided, That the U.S.C. 1715l(d)(3)(ii)) is amended— SEC. 216. Notwithstanding the requirement re- Chemical Safety and Hazard Investigation (1) by striking ‘‘$33,638’’, ‘‘$38,785’’, ‘‘$46,775’’, garding commitment of funds in the first sen- Board shall have not more than three career ‘‘$59,872’’, and ‘‘$66,700’’ and inserting tence of section 288(b) of the HOME Investment Senior Executive Service positions: Provided fur- ‘‘$42,048’’, ‘‘$48,481’’, ‘‘$58,469’’, ‘‘$74,840’’, and Partnerships Act (42 U.S.C. 12838(b)), the Sec- ther, That, hereafter, there shall be an Inspec- ‘‘$83,375’’, respectively; and retary of Housing and Urban Development (in tor General at the Board who shall have the du- (2) by striking ‘‘$35,400’’, ‘‘$40,579’’, ‘‘$49,344’’, ties, responsibilities, and authorities specified in ‘‘$63,834’’, and ‘‘$70,070’’ and inserting this section referred to as the ‘‘Secretary’’) shall approve the release of funds under that section the Inspector General Act of 1978, as amended: ‘‘$44,250’’, ‘‘$50,724’’, ‘‘$61,680’’, ‘‘$79,793’’, and Provided further, That an individual appointed ‘‘$87,588’’, respectively. to the Arkansas Development Finance Authority (in this section referred to as the ‘‘ADFA’’) for to the position of Inspector General of the Fed- (e) SECTION 221(d)(4) LIMITS.—Section eral Emergency Management Agency (FEMA) 221(d)(4)(ii) of the National Housing Act (12 projects, if— (1) funds were committed to those projects on shall, by virtue of such appointment, also hold U.S.C. 1715l(d)(4)(ii)) is amended— the position of Inspector General of the Board: (1) by striking ‘‘$30,274’’, ‘‘$34,363’’, ‘‘$41,536’’, or before June 12, 2001; (2) those projects had not been completed as of Provided further, That the Inspector General of ‘‘$52,135’’, and ‘‘$59,077’’ and inserting the Board shall utilize personnel of the Office of ‘‘$37,843’’, ‘‘$42,954’’, ‘‘$51,920’’, ‘‘$65,169’’, and June 12, 2001; (3) the ADFA has fully carried out its respon- Inspector General of FEMA in performing the ‘‘$73,846’’, respectively; and duties of the Inspector General of the Board, (2) by striking ‘‘$32,701’’, ‘‘$37,487’’, ‘‘$45,583’’, sibilities as described in section 288(a); and and shall not appoint any individuals to posi- ‘‘$58,968’’, and ‘‘$64,730’’ and inserting (4) the Secretary has approved the certifi- tions within the Board. ‘‘$40,876’’, ‘‘$46,859’’, ‘‘$56,979’’, ‘‘$73,710’’, and cation that meets the requirements of section ‘‘$80,913’’, respectively. 288(c) with respect to those projects. DEPARTMENT OF THE TREASURY SEC. 217. Notwithstanding any other provision (f) SECTION 231 LIMITS.—Section 231(c)(2) of COMMUNITY DEVELOPMENT FINANCIAL of law with respect to this or any other fiscal the National Housing Act (12 U.S.C. 1715v(c)(2)) INSTITUTIONS is amended— year, the Housing Authority of Baltimore City may use the remaining balance of the grant COMMUNITY DEVELOPMENT FINANCIAL (1) by striking ‘‘$28,782’’, ‘‘$32,176’’, ‘‘$38,423’’, INSTITUTIONS ‘‘$46,238’’, and ‘‘$54,360’’ and inserting award of $20,000,000 made to such authority for ‘‘$35,978’’, ‘‘$40,220’’, ‘‘$48,029’’, ‘‘$57,798’’, development efforts at Hollander Ridge in Balti- FUND PROGRAM ACCOUNT ‘‘$67,950’’, respectively; and more, Maryland with funds appropriated for fis- To carry out the Community Development (2) by striking ‘‘$32,701’’, ‘‘$37,487’’, ‘‘$45,583’’, cal year 1996 under the heading ‘‘Public Hous- Banking and Financial Institutions Act of 1994, ‘‘$58,968’’, and ‘‘$64,730’’ and inserting ing Demolition, Site Revitalization, and Re- including services authorized by 5 U.S.C. 3109, ‘‘$40,876’’, ‘‘$46,859’’, ‘‘$56,979’’, ‘‘$73,710’’, and placement Housing Grants’’ for the rehabilita- but at rates for individuals not to exceed the per ‘‘$80,913’’, respectively. tion of the Claremont Homes project and for the diem rate equivalent to the rate for ES–3, (g) SECTION 234 LIMITS.—Section 234(e)(3) of provision of affordable housing in areas within $80,000,000, to remain available until September the National Housing Act (12 U.S.C. 1715y(e)(3)) the City of Baltimore either (1) designated by 30, 2003, of which $5,000,000 shall be for tech- is amended— the partial consent decree in Thompson v. HUD nical assistance and training programs designed (1) by striking ‘‘$30,420’’, ‘‘$33,696’’, ‘‘$40,248’’, as nonimpacted census tracts or (2) designated to benefit Native American, Native Hawaiian, ‘‘$49,608’’, and ‘‘$56,160’’ and inserting by said authority as either strong neighbor- and Alaskan Native communities, and up to ‘‘$38,025’’, ‘‘$42,120’’, ‘‘$50,310’’, ‘‘$62,010’’, and hoods experiencing private investment or dy- $9,500,000 may be used for administrative ex- ‘‘$70,200’’, respectively; and namic growth areas where public and/or private penses, including administration of the New (2) by striking ‘‘$35,100’’, ‘‘$39,312’’, ‘‘$48,204’’, commercial or residential investment is occur- Markets Tax Credit, up to $6,000,000 may be ‘‘$60,372’’, and ‘‘$68,262’’ and inserting ring. used for the cost of direct loans, and up to

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00070 Fmt 7634 Sfmt 6333 E:\CR\FM\A06NO7.033 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7795 $1,000,000 may be used for administrative ex- by the Corporation to the Foundation under Airmen’s Home National Cemetery, including penses to carry out the direct loan program: Public Law 106–377 may be used in the manner the purchase of two passenger motor vehicles for Provided, That the cost of direct loans, includ- described in the preceding proviso: Provided fur- replacement only, and not to exceed $1,000 for ing the cost of modifying such loans, shall be as ther, That no funds shall be available for na- official reception and representation expenses, defined in section 502 of the Congressional tional service programs run by Federal agencies $22,537,000, to remain available until expended. Budget Act of 1974, as amended: Provided fur- authorized under section 121(b) of such Act (42 DEPARTMENT OF HEALTH AND HUMAN SERVICES ther, That these funds are available to subsidize U.S.C. 12571(b)): Provided further, That to the NATIONAL INSTITUTES OF HEALTH gross obligations for the principal amount of di- maximum extent feasible, funds appropriated rect loans not to exceed $51,800,000. under subtitle C of title I of the Act shall be pro- NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES CONSUMER PRODUCT SAFETY COMMISSION vided in a manner that is consistent with the recommendations of peer review panels in order For necessary expenses for the National Insti- SALARIES AND EXPENSES to ensure that priority is given to programs that tute of Environmental Health Sciences in car- For necessary expenses of the Consumer Prod- demonstrate quality, innovation, replicability, rying out activities set forth in section 311(a) of uct Safety Commission, including hire of pas- and sustainability: Provided further, That not the Comprehensive Environmental Response, senger motor vehicles, services as authorized by more than $25,000,000 of the funds made avail- Compensation, and Liability Act of 1980, as 5 U.S.C. 3109, but at rates for individuals not to able under this heading shall be available for amended, $70,228,000. exceed the per diem rate equivalent to the max- the Civilian Community Corps authorized under AGENCY FOR TOXIC SUBSTANCES AND DISEASE imum rate payable under 5 U.S.C. 5376, pur- subtitle E of title I of the Act (42 U.S.C. 12611 et REGISTRY chase of nominal awards to recognize non-Fed- seq.): Provided further, That not more than eral officials’ contributions to Commission ac- TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC $43,000,000 shall be available for school-based tivities, and not to exceed $500 for official recep- HEALTH and community-based service-learning programs tion and representation expenses, $55,200,000. For necessary expenses for the Agency for authorized under subtitle B of title I of the Act Toxic Substances and Disease Registry (ATSDR) CORPORATION FOR NATIONAL AND COMMUNITY (42 U.S.C. 12521 et seq.): Provided further, That SERVICE in carrying out activities set forth in sections not more than $28,488,000 shall be available for 104(i), 111(c)(4), and 111(c)(14) of the Com- NATIONAL AND COMMUNITY SERVICE PROGRAMS quality and innovation activities authorized prehensive Environmental Response, Compensa- OPERATING EXPENSES under subtitle H of title I of the Act (42 U.S.C. tion, and Liability Act of 1980 (CERCLA), as For necessary expenses for the Corporation 12853 et seq.): Provided further, That not more amended; section 118(f) of the Superfund for National and Community Service (the ‘‘Cor- than $5,000,000 shall be available for audits and Amendments and Reauthorization Act of 1986 poration’’) in carrying out programs, activities, other evaluations authorized under section 179 (SARA), as amended; and section 3019 of the and initiatives under the National and Commu- of the Act (42 U.S.C. 12639): Provided further, Solid Waste Disposal Act, as amended, nity Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. That to the maximum extent practicable, the $78,235,000, to be derived from the Hazardous 12501 et seq.), $401,980,000, to remain available Corporation shall increase significantly the level Substance Superfund Trust Fund pursuant to until September 30, 2003: Provided, That not of matching funds and in-kind contributions section 517(a) of SARA (26 U.S.C. 9507): Pro- more than $31,000,000 shall be available for ad- provided by the private sector, and shall reduce vided, That notwithstanding any other provi- ministrative expenses authorized under section the total Federal costs per participant in all pro- sion of law, in lieu of performing a health as- 501(a)(4) of the Act (42 U.S.C. 12671(a)(4)) with grams: Provided further, That not more than sessment under section 104(i)(6) of CERCLA, the not less than $2,000,000 targeted for the acquisi- $7,500,000 of the funds made available under Administrator of ATSDR may conduct other ap- tion of a cost accounting system for the Cor- this heading shall be made available to Amer- propriate health studies, evaluations, or activi- poration’s financial management system, an in- ica’s Promise—The Alliance for Youth, Inc., ties, including, without limitation, biomedical tegrated grants management system that pro- only to support efforts to mobilize individuals, testing, clinical evaluations, medical moni- vides comprehensive financial management in- groups, and organizations to build and toring, and referral to accredited health care formation for all Corporation grants and coop- strengthen the character and competence of the providers: Provided further, That in performing erative agreements, and the establishment, oper- Nation’s youth: Provided further, That not more any such health assessment or health study, ation, and maintenance of a central archives than $5,000,000 of the funds made available evaluation, or activity, the Administrator of serving as the repository for all grant, coopera- under this heading shall be made available to ATSDR shall not be bound by the deadlines in tive agreement, and related documents, without the Communities In Schools, Inc., to support section 104(i)(6)(A) of CERCLA: Provided fur- regard to the provisions of section 501(a)(4)(B) dropout prevention activities: Provided further, ther, That none of the funds appropriated of the Act: Provided further, That not more That not more than $2,500,000 of the funds made under this heading shall be available for than $2,500 shall be for official reception and available under this heading shall be made ATSDR to issue in excess of 40 toxicological pro- representation expenses: Provided further, That available to the YMCA of the USA to support files pursuant to section 104(i) of CERCLA dur- of amounts previously transferred to the Na- school-based programs designed to strengthen ing fiscal year 2002, and existing profiles may be tional Service Trust, $5,000,000 shall be available collaborations and linkages between public updated as necessary. for national service scholarships for high school schools and communities: Provided further, ENVIRONMENTAL PROTECTION AGENCY students performing community service: Pro- That not more than $1,000,000 of the funds made vided further, That not more than $240,492,000 available under this heading shall be made SCIENCE AND TECHNOLOGY of the amount provided under this heading shall available to Teach For America: Provided fur- For science and technology, including re- be available for grants under the National Serv- ther, That not more than $1,500,000 of the funds search and development activities, which shall ice Trust program authorized under subtitle C of made available under this heading shall be include research and development activities title I of the Act (42 U.S.C. 12571 et seq.) (relat- made available to Parents As Teachers National under the Comprehensive Environmental Re- ing to activities including the AmeriCorps pro- Center, Inc., to support literacy activities: Pro- sponse, Compensation, and Liability Act of 1980, gram), of which not more than $47,000,000 may vided further, That not more than $1,500,000 of as amended; necessary expenses for personnel be used to administer, reimburse, or support any the funds made available under this heading and related costs and travel expenses, including national service program authorized under sec- shall be made available to the Youth Life Foun- uniforms, or allowances therefor, as authorized tion 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)); dation to meet the needs of children living in in- by 5 U.S.C. 5901–5902; services as authorized by not more than $25,000,000 shall be made avail- secure environments. 5 U.S.C. 3109, but at rates for individuals not to able to activities dedicated to developing com- OFFICE OF INSPECTOR GENERAL exceed the per diem rate equivalent to the max- puter and information technology skills for stu- For necessary expenses of the Office of In- imum rate payable for senior level positions dents and teachers in low-income communities: spector General in carrying out the Inspector under 5 U.S.C. 5376; procurement of laboratory Provided further, That not more than General Act of 1978, as amended, $5,000,000, to equipment and supplies; other operating ex- $10,000,000 of the funds made available under remain available until September 30, 2003. penses in support of research and development; this heading shall be made available for the U.S. COURT OF APPEALS FOR VETERANS CLAIMS construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed Points of Light Foundation for activities au- SALARIES AND EXPENSES thorized under title III of the Act (42 U.S.C. $75,000 per project, $698,089,000, which shall re- For necessary expenses for the operation of main available until September 30, 2003. 12661 et seq.), of which not more than $2,500,000 the United States Court of Appeals for Veterans may be used to establish or support an endow- Claims as authorized by 38 U.S.C. 7251–7298, ENVIRONMENTAL PROGRAMS AND MANAGEMENT ment fund, the corpus of which shall remain in- $13,221,000, of which $895,000 shall be available For environmental programs and manage- tact and the interest income from which shall be for the purpose of providing financial assistance ment, including necessary expenses, not other- used to support activities described in title III of as described, and in accordance with the process wise provided for, for personnel and related the Act, provided that the Foundation may in- and reporting procedures set forth, under this costs and travel expenses, including uniforms, vest the corpus and income in federally insured heading in Public Law 102–229. or allowances therefor, as authorized by 5 bank savings accounts or comparable interest U.S.C. 5901–5902; services as authorized by 5 DEPARTMENT OF DEFENSE—CIVIL bearing accounts, certificates of deposit, money U.S.C. 3109, but at rates for individuals not to market funds, mutual funds, obligations of the CEMETERIAL EXPENSES, ARMY exceed the per diem rate equivalent to the max- United States, and other market instruments SALARIES AND EXPENSES imum rate payable for senior level positions and securities but not in real estate investments: For necessary expenses, as authorized by law, under 5 U.S.C. 5376; hire of passenger motor ve- Provided further, That notwithstanding any for maintenance, operation, and improvement of hicles; hire, maintenance, and operation of air- other law $2,500,000 of the funds made available Arlington National Cemetery and Soldiers’ and craft; purchase of reprints; library memberships

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00071 Fmt 7634 Sfmt 6333 E:\CR\FM\A06NO7.036 pfrm02 PsN: H06PT1 H7796 CONGRESSIONAL RECORD — HOUSE November 6, 2001 in societies or associations which issue publica- effects studies on drinking water contaminants; tive agreements to federally-recognized Indian tions to members only or at a price to members $75,000,000 shall be for architectural, engineer- Tribes or Intertribal consortia, if authorized by lower than to subscribers who are not members; ing, planning, design, construction and related their member Tribes, to assist the Administrator construction, alteration, repair, rehabilitation, activities in connection with the construction of in implementing Federal environmental pro- and renovation of facilities, not to exceed high priority water and wastewater facilities in grams for Indian Tribes required or authorized $75,000 per project; and not to exceed $6,000 for the area of the United States-Mexico Border, by law, except that no such cooperative agree- official reception and representation expenses, after consultation with the appropriate border ments may be awarded from funds designated $2,054,511,000, which shall remain available commission; $40,000,000 shall be for grants to the for State financial assistance agreements. until September 30, 2003. State of Alaska to address drinking water and Section 136a–1 of title 7, U.S.C. is amended— OFFICE OF INSPECTOR GENERAL wastewater infrastructure needs of rural and (1) in subsection (i)(5)(C)(i) by striking For necessary expenses of the Office of In- Alaska Native Villages; $343,900,000, in addition ‘‘$14,000,000’’ and inserting ‘‘$17,000,000’’; and, spector General in carrying out the provisions of to $124,725 previously appropriated under this by striking ‘‘each’’ and inserting ‘‘2002’’ after the Inspector General Act of 1978, as amended, heading in Public Law 106–377 and $498,900 pre- ‘‘fiscal year’’; and for construction, alteration, repair, reha- viously appropriated under this heading in Pub- (2) in subsection (i)(5)(H) by striking ‘‘2001’’ bilitation, and renovation of facilities, not to ex- lic Law 106–554, shall be for making grants for and inserting ‘‘2002’’; ceed $75,000 per project, $34,019,000, to remain the construction of wastewater and water treat- (3) in subsection (i)(6) by striking ‘‘2001’’ and available until September 30, 2003. ment facilities and groundwater protection in- inserting ‘‘2002’’; and BUILDINGS AND FACILITIES frastructure in accordance with the terms and (4) in subsection (k)(3)(A) by striking ‘‘2001’’ 1 For construction, repair, improvement, exten- conditions specified for such grants in the state- and inserting ‘‘2002’’; and, by striking ‘‘ ⁄7’’ and 1 sion, alteration, and purchase of fixed equip- ment of the managers accompanying this Act; inserting ‘‘ ⁄10’’. ment or facilities of, or for use by, the Environ- and $1,074,376,000 shall be for grants, including EXECUTIVE OFFICE OF THE PRESIDENT associated program support costs, to States, fed- mental Protection Agency, $25,318,000, to remain OFFICE OF SCIENCE AND TECHNOLOGY POLICY erally recognized tribes, interstate agencies, trib- available until expended. For necessary expenses of the Office of al consortia, and air pollution control agencies HAZARDOUS SUBSTANCE SUPERFUND Science and Technology Policy, in carrying out for multi-media or single media pollution pre- the purposes of the National Science and Tech- (INCLUDING TRANSFERS OF FUNDS) vention, control and abatement and related ac- nology Policy, Organization, and Priorities Act For necessary expenses to carry out the Com- tivities, including activities pursuant to the pro- of 1976 (42 U.S.C. 6601 and 6671), hire of pas- prehensive Environmental Response, Compensa- visions set forth under this heading in Public senger motor vehicles, and services as author- tion, and Liability Act of 1980 (CERCLA), as Law 104–134, and for making grants under sec- ized by 5 U.S.C. 3109, not to exceed $2,500 for of- amended, including sections 111(c)(3), (c)(5), tion 103 of the Clean Air Act for particulate ficial reception and representation expenses, (c)(6), and (e)(4) (42 U.S.C. 9611), and for con- matter monitoring and data collection activities and rental of conference rooms in the District of struction, alteration, repair, rehabilitation, and of which and subject to terms and conditions Columbia, $5,267,000. renovation of facilities, not to exceed $75,000 per specified by the Administrator, $25,000,000 shall project; $1,270,000,000 (of which $100,000,0000 be for Environmental Information Exchange COUNCIL ON ENVIRONMENTAL QUALITY AND shall not become available until September 1, Network grants, including associated program OFFICE OF ENVIRONMENTAL QUALITY 2002), to remain available until expended, con- support costs: Provided, That for fiscal year For necessary expenses to continue functions sisting of $635,000,000, as authorized by section 2002, State authority under section 302(a) of assigned to the Council on Environmental Qual- 517(a) of the Superfund Amendments and Reau- Public Law 104–182 shall remain in effect: Pro- ity and Office of Environmental Quality pursu- thorization Act of 1986 (SARA), as amended by vided further, That notwithstanding section ant to the National Environmental Policy Act of Public Law 101–508, and $635,000,000 as a pay- 603(d)(7) of the Act, the limitation on the 1969, the Environmental Quality Improvement ment from general revenues to the Hazardous amounts in a State water pollution control re- Act of 1970, and Reorganization Plan No. 1 of Substance Superfund for purposes as authorized volving fund that may be used by a State to ad- 1977, and not to exceed $750 for official recep- by section 517(b) of SARA, as amended: Pro- minister the fund shall not apply to amounts in- tion and representation expenses, $2,974,000: vided, That funds appropriated under this cluded as principal in loans made by such fund Provided, That notwithstanding section 202 of heading may be allocated to other Federal agen- in fiscal year 2002 and prior years where such the National Environmental Policy Act of 1970, cies in accordance with section 111(a) of amounts represent costs of administering the the Council shall consist of one member, ap- CERCLA: Provided further, That of the funds fund to the extent that such amounts are or pointed by the President, by and with the ad- appropriated under this heading, $11,867,000 were deemed reasonable by the Administrator, vice and consent of the Senate, serving as chair- shall be transferred to the ‘‘Office of Inspector accounted for separately from other assets in man and exercising all powers, functions, and General’’ appropriation to remain available the fund, and used for eligible purposes of the duties of the Council. until September 30, 2003, and $36,891,000 shall be fund, including administration: Provided fur- FEDERAL DEPOSIT INSURANCE CORPORATION transferred to the ‘‘Science and technology’’ ap- ther, That for fiscal year 2002, and notwith- OFFICE OF INSPECTOR GENERAL propriation to remain available until September standing section 518(f) of the Federal Water Pol- 30, 2003. For necessary expenses of the Office of In- lution Control Act, as amended, the Adminis- spector General in carrying out the provisions of LEAKING UNDERGROUND STORAGE TANK PROGRAM trator is authorized to use the amounts appro- the Inspector General Act of 1978, as amended, For necessary expenses to carry out leaking priated for any fiscal year under section 319 of $33,660,000, to be derived from the Bank Insur- underground storage tank cleanup activities au- that Act to make grants to Indian tribes pursu- ance Fund, the Savings Association Insurance thorized by section 205 of the Superfund Amend- ant to section 319(h) and 518(e) of that Act: Pro- Fund, and the FSLIC Resolution Fund. ments and Reauthorization Act of 1986, and for vided further, That for fiscal year 2002, notwith- construction, alteration, repair, rehabilitation, standing the limitation on amounts in section FEDERAL EMERGENCY MANAGEMENT AGENCY and renovation of facilities, not to exceed 518(c) of the Act, up to a total of 11⁄2 percent of DISASTER RELIEF $75,000 per project, $73,000,000, to remain avail- the funds appropriated for State Revolving (INCLUDING TRANSFERS OF FUNDS) able until expended. Funds under title VI of that Act may be re- For necessary expenses in carrying out the OIL SPILL RESPONSE served by the Administrator for grants under Robert T. Stafford Disaster Relief and Emer- For expenses necessary to carry out the Envi- section 518(c) of such Act: Provided further, gency Assistance Act (42 U.S.C. 5121 et seq.), ronmental Protection Agency’s responsibilities That no funds provided by this legislation to ad- $664,000,000, and, notwithstanding 42 U.S.C. under the Oil Pollution Act of 1990, $15,000,000, dress the water, wastewater and other critical 5203, to remain available until expended, of to be derived from the Oil Spill Liability trust infrastructure needs of the colonias in the which not to exceed $2,900,000 may be trans- fund, to remain available until expended. United States along the United States-Mexico ferred to ‘‘Emergency management planning STATE AND TRIBAL ASSISTANCE GRANTS border shall be made available to a county or and assistance’’ for the consolidated emergency For environmental programs and infrastruc- municipal government unless that government management performance grant program; ture assistance, including capitalization grants has established an enforceable local ordinance, $25,000,000 shall be transferred to the Flood Map for State revolving funds and performance part- or other zoning rule, which prevents in that ju- Modernization Fund; $25,000,000 shall be trans- nership grants, $3,733,276,000, to remain avail- risdiction the development or construction of ferred to ‘‘Emergency management planning able until expended, of which $1,350,000,000 any additional colonia areas, or the develop- and assistance’’, for pre-disaster mitigation ac- shall be for making capitalization grants for the ment within an existing colonia the construction tivities; and $21,577,000 may be used by the Of- Clean Water State Revolving Funds under title of any new home, business, or other structure fice of Inspector General for audits and inves- VI of the Federal Water Pollution Control Act, which lacks water, wastewater, or other nec- tigations. as amended (the ‘‘Act’’); $850,000,000 shall be for essary infrastructure. In addition, for the purposes under this head- capitalization grants for the Drinking Water ADMINISTRATIVE PROVISIONS ing, $1,500,000,000, to remain available until ex- State Revolving Funds under section 1452 of the For fiscal year 2002, notwithstanding 31 pended: Provided, That such amount is des- Safe Drinking Water Act, as amended, except U.S.C. 6303(1) and 6305(1), the Administrator of ignated by the Congress as an emergency re- that, notwithstanding section 1452(n) of the the Environmental Protection Agency, in car- quirement pursuant to section 251(b)(2)(A) of Safe Drinking Water Act, as amended, none of rying out the Agency’s function to implement the Balanced Budget and Emergency Deficit the funds made available under this heading in directly Federal environmental programs re- Control Act of 1985, as amended: Provided fur- this Act, or in previous appropriations Acts, quired or authorized by law in the absence of an ther, That such amount shall be available only shall be reserved by the Administrator for health acceptable tribal program, may award coopera- to the extent that an official budget request,

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00072 Fmt 7634 Sfmt 6333 E:\CR\FM\A06NO7.038 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7797 that includes designation of the entire amount ment and collection of fees shall be fair and eq- space flight research and development activities, of the request as an emergency requirement as uitable; and shall reflect costs of providing such including research, development, operations, defined in the Balanced Budget and Emergency services, including administrative costs of col- support and services; maintenance; construction Deficit Control Act of 1985, as amended, is lecting such fees. Fees received pursuant to this of facilities including repair, rehabilitation, re- transmitted by the President to the Congress. section shall be deposited in the Fund as offset- vitalization and modification of facilities, con- DISASTER ASSISTANCE DIRECT LOAN PROGRAM ting collections and will become available for struction of new facilities and additions to exist- ACCOUNT authorized purposes on October 1, 2002, and re- ing facilities, facility planning and design, envi- For the cost of direct loans, $405,000 as au- main available until expended. ronmental compliance and restoration, and ac- thorized by section 319 of the Robert T. Stafford EMERGENCY FOOD AND SHELTER PROGRAM quisition or condemnation of real property, as Disaster Relief and Emergency Assistance Act: To carry out an emergency food and shelter authorized by law; space flight, spacecraft con- Provided, That such costs, including the cost of program pursuant to title III of Public Law 100– trol and communications activities including op- modifying such loans, shall be as defined in sec- 77, as amended, $140,000,000, to remain available erations, production, and services; program tion 502 of the Congressional Budget Act of 1974, until expended: Provided, That total adminis- management; personnel and related costs, in- as amended: Provided further, That these funds trative costs shall not exceed 31⁄2 percent of the cluding uniforms or allowances therefor, as au- are available to subsidize gross obligations for total appropriation. thorized by 5 U.S.C. 5901–5902; travel expenses; the principal amount of direct loans not to ex- NATIONAL FLOOD INSURANCE FUND purchase and hire of passenger motor vehicles; not to exceed $20,000 for official reception and ceed $25,000,000. (INCLUDING TRANSFERS OF FUNDS) In addition, for administrative expenses to representation expenses; and purchase, lease, For activities under the National Flood Insur- carry out the direct loan program, $543,000. charter, maintenance and operation of mission ance Act of 1968 (‘‘the Act’’), the Flood Disaster and administrative aircraft, $6,912,400,000, to re- SALARIES AND EXPENSES Protection Act of 1973, as amended, not to ex- For necessary expenses, not otherwise pro- main available until September 30, 2003, of ceed $28,798,000 for salaries and expenses associ- which amounts as determined by the Adminis- vided for, including hire and purchase of motor ated with flood mitigation and flood insurance vehicles as authorized by 31 U.S.C. 1343; uni- trator for salaries and benefits; training, travel operations, and not to exceed $76,381,000 for and awards; facility and related costs; informa- forms, or allowances therefor, as authorized by flood mitigation, including up to $20,000,000 for 5 U.S.C. 5901–5902; services as authorized by 5 tion technology services; science, engineering, expenses under section 1366 of the Act, which fabricating and testing services; and other ad- U.S.C. 3109, but at rates for individuals not to amount shall be available for transfer to the Na- exceed the per diem rate equivalent to the max- ministrative services may be transferred to tional Flood Mitigation Fund until September ‘‘Science, aeronautics and technology’’ in ac- imum rate payable for senior level positions 30, 2003. In fiscal year 2002, no funds in excess under 5 U.S.C. 5376; expenses of attendance of cordance with section 312(b) of the National of: (1) $55,000,000 for operating expenses; (2) Aeronautics and Space Act of 1958, as amended cooperating officials and individuals at meetings $536,750,000 for agents’ commissions and taxes; concerned with the work of emergency pre- by Public Law 106–377. and (3) $30,000,000 for interest on Treasury bor- SCIENCE, AERONAUTICS AND TECHNOLOGY paredness; transportation in connection with rowings shall be available from the National (INCLUDING TRANSFER OF FUNDS) the continuity of Government programs to the Flood Insurance Fund without prior notice to For necessary expenses, not otherwise pro- same extent and in the same manner as per- the Committees on Appropriations. vided for, in the conduct and support of science, mitted the Secretary of a Military Department In addition, up to $7,000,000 in fees collected aeronautics and technology research and devel- under 10 U.S.C. 2632; and not to exceed $2,500 but unexpended during fiscal years 2000 opment activities, including research, develop- for official reception and representation ex- through 2001 shall be transferred to the Flood ment, operations, support and services; mainte- penses, $233,801,000. Map Modernization Fund and available for ex- nance; construction of facilities including re- OFFICE OF INSPECTOR GENERAL penditure in fiscal year 2002. pair, rehabilitation, revitalization, and modi- For necessary expenses of the Office of In- Section 1309(a)(2) of the Act (42 U.S.C. fication of facilities, construction of new facili- spector General in carrying out the Inspector 4016(a)(2)), as amended, is further amended by ties and additions to existing facilities, facility General Act of 1978, as amended, $10,303,000: striking ‘‘2001’’ and inserting ‘‘2002’’. planning and design, environmental compliance Provided, That notwithstanding any other pro- Section 1319 of the Act, as amended (42 U.S.C. and restoration, and acquisition or condemna- vision of law, the Inspector General of the Fed- 4026), is amended by striking ‘‘September 30, tion of real property, as authorized by law; eral Emergency Management Agency shall also 2001’’ and inserting ‘‘December 31, 2002’’. serve as the Inspector General of the Chemical Section 1336(a) of the Act, as amended (42 space flight, spacecraft control and communica- Safety and Hazard Investigation Board. U.S.C. 4056), is amended by striking ‘‘September tions activities including operations, production, and services; program management; personnel EMERGENCY MANAGEMENT PLANNING AND 30, 2001’’ and inserting ‘‘December 31, 2002’’. and related costs, including uniforms or allow- ASSISTANCE Section 1376(c) of the Act, as amended (42 ances therefor, as authorized by 5 U.S.C. 5901– (INCLUDING TRANSFER OF FUNDS) U.S.C. 4127(c)), is amended by striking ‘‘Decem- ber 31, 2001’’ and inserting ‘‘December 31, 2002’’. 5902; travel expenses; purchase and hire of pas- For necessary expenses, not otherwise pro- senger motor vehicles; not to exceed $20,000 for vided for, to carry out activities under the Na- NATIONAL FLOOD MITIGATION FUND official reception and representation expenses; tional Flood Insurance Act of 1968, as amended, Notwithstanding sections 1366(b)(3)(B)–(C) and purchase, lease, charter, maintenance and and the Flood Disaster Protection Act of 1973, and 1366(f) of the National Flood Insurance Act operation of mission and administrative aircraft, as amended (42 U.S.C. 4001 et seq.), the Robert of 1968, as amended, $20,000,000, to remain $7,857,100,000, to remain available until Sep- T. Stafford Disaster Relief and Emergency As- available until September 30, 2003, for activities tember 30, 2003, of which amounts as determined sistance Act (42 U.S.C. 5121 et seq.), the Earth- designed to reduce the risk of flood damage to by the Administrator for salaries and benefits; quake Hazards Reduction Act of 1977, as amend- structures pursuant to such Act, of which training, travel and awards; facility and related ed (42 U.S.C. 7701 et seq.), the Federal Fire Pre- $20,000,000 shall be derived from the National costs; information technology services; science, vention and Control Act of 1974, as amended (15 Flood Insurance Fund. Of the amount provided, engineering, fabricating and testing services; U.S.C. 2201 et seq.), the Defense Production Act $2,500,000 is to be used for the purchase of flood- and other administrative services may be trans- of 1950, as amended (50 U.S.C. App. 2061 et prone properties in the city of Austin, Min- ferred to ‘‘Human space flight’’ in accordance seq.), sections 107 and 303 of the National Secu- nesota, and any cost-share is waived. with section 312(b) of the National Aeronautics rity Act of 1947, as amended (50 U.S.C. 404–405), GENERAL SERVICES ADMINISTRATION and Space Act of 1958, as amended by Public and Reorganization Plan No. 3 of 1978, FEDERAL CONSUMER INFORMATION CENTER FUND Law 106–377, except that no funds may be trans- $254,623,000: Provided, That for purposes of pre- For necessary expenses of the Federal Con- ferred to the program budget element for the disaster mitigation pursuant to 42 U.S.C. 5131(b) sumer Information Center, including services Space Station. and (c) and 42 U.S.C. 5196(e) and (i), $25,000,000 authorized by 5 U.S.C. 3109, $7,276,000, to be de- OFFICE OF INSPECTOR GENERAL of the funds made available for project grants posited into the Federal Consumer Information For necessary expenses of the Office of In- under this heading by transfer from ‘‘Disaster Center Fund: Provided, That the appropria- spector General in carrying out the Inspector relief’’, shall be available until expended. tions, revenues, and collections deposited into General Act of 1978, as amended, $23,700,000. For an additional amount for ‘‘Emergency the Fund shall be available for necessary ex- ADMINISTRATIVE PROVISIONS management planning and assistance’’, penses of Federal Consumer Information Center Notwithstanding the limitation on the avail- $150,000,000 for programs as authorized by sec- activities in the aggregate amount of $12,000,000. ability of funds appropriated for ‘‘Human space tion 33 of the Federal Fire Prevention and Con- Appropriations, revenues, and collections accru- flight’’, or ‘‘Science, aeronautics and tech- trol Act of 1974, as amended (15 U.S.C. 2201 et ing to this Fund during fiscal year 2002 in ex- nology’’ by this appropriations Act, when any seq.): Provided, That up to 5 percent of this cess of $12,000,000 shall remain in the Fund and activity has been initiated by the incurrence of amount shall be transferred to ‘‘Salaries and ex- shall not be available for expenditure except as obligations for construction of facilities as au- penses’’ for program administration. authorized in appropriations Acts. thorized by law, such amount available for such RADIOLOGICAL EMERGENCY PREPAREDNESS FUND NATIONAL AERONAUTICS AND SPACE activity shall remain available until expended. The aggregate charges assessed during fiscal ADMINISTRATION This provision does not apply to the amounts year 2002, as authorized by Public Law 106–377, appropriated for institutional minor revitaliza- shall not be less than 100 percent of the amounts HUMAN SPACE FLIGHT tion and construction of facilities, and institu- anticipated by FEMA necessary for its radio- (INCLUDING TRANSFER OF FUNDS) tional facility planning and design. logical emergency preparedness program for the For necessary expenses, not otherwise pro- Notwithstanding the limitation on the avail- next fiscal year. The methodology for assess- vided for, in the conduct and support of human ability of funds appropriated for ‘‘Human space

VerDate 06-NOV-2001 03:23 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00073 Fmt 7634 Sfmt 6333 E:\CR\FM\A06NO7.041 pfrm02 PsN: H06PT1 H7798 CONGRESSIONAL RECORD — HOUSE November 6, 2001 flight’’, or ‘‘Science, aeronautics and tech- rector shall submit a report to the Committees on Service System; to travel performed directly in nology’’ by this appropriations Act, the amounts Appropriations by February 28, 2002 on the full connection with care and treatment of medical appropriated for construction of facilities shall life-cycle costs of projects funded through this beneficiaries of the Department of Veterans Af- remain available until September 30, 2004. account since fiscal year 1995. fairs; to travel performed in connection with Notwithstanding the limitation on the avail- EDUCATION AND HUMAN RESOURCES major disasters or emergencies declared or deter- ability of funds appropriated for ‘‘Office of In- For necessary expenses in carrying out science mined by the President under the provisions of spector General’’, amounts made available by and engineering education and human resources the Robert T. Stafford Disaster Relief and Emer- this Act for personnel and related costs and programs and activities pursuant to the Na- gency Assistance Act; to travel performed by the travel expenses of the National Aeronautics and tional Science Foundation Act of 1950, as Offices of Inspector General in connection with Space Administration shall remain available amended (42 U.S.C. 1861–1875), including serv- audits and investigations; or to payments to until September 30, 2002 and may be used to ices as authorized by 5 U.S.C. 3109, authorized interagency motor pools where separately set enter into contracts for training, investigations, travel, and rental of conference rooms in the forth in the budget schedules: Provided further, costs associated with personnel relocation, and District of Columbia, $875,000,000, to remain That if appropriations in titles I, II, and III ex- for other services, to be provided during the next available until September 30, 2003: Provided, ceed the amounts set forth in budget estimates fiscal year. Funds for announced prizes other- That to the extent that the amount of this ap- initially submitted for such appropriations, the wise authorized shall remain available, without propriation is less than the total amount au- expenditures for travel may correspondingly ex- fiscal year limitation, until the prize is claimed thorized to be appropriated for included pro- ceed the amounts therefor set forth in the esti- or the offer is withdrawn. gram activities, all amounts, including floors mates only to the extent such an increase is ap- No funds in this or any other Appropriations and ceilings, specified in the authorizing Act for proved by the Committees on Appropriations. Act may be used to finalize an agreement prior those program activities or their subactivities SEC. 402. Appropriations and funds available to December 1, 2002 between NASA and a non- shall be reduced proportionally. for the administrative expenses of the Depart- government organization to conduct research SALARIES AND EXPENSES ment of Housing and Urban Development and utilization and commercialization management For salaries and expenses necessary in car- the Selective Service System shall be available in activities of the International Space Station. rying out the National Science Foundation Act the current fiscal year for purchase of uniforms, NATIONAL CREDIT UNION ADMINISTRATION of 1950, as amended (42 U.S.C. 1861–1875); serv- or allowances therefor, as authorized by 5 CENTRAL LIQUIDITY FACILITY ices authorized by 5 U.S.C. 3109; hire of pas- U.S.C. 5901–5902; hire of passenger motor vehi- (INCLUDING TRANSFER OF FUNDS) senger motor vehicles; not to exceed $9,000 for cles; and services as authorized by 5 U.S.C. 3109. During fiscal year 2002, gross obligations of official reception and representation expenses; SEC. 403. Funds of the Department of Housing the Central Liquidity Facility for the principal uniforms or allowances therefor, as authorized and Urban Development subject to the Govern- amount of new direct loans to member credit by 5 U.S.C. 5901–5902; rental of conference rooms ment Corporation Control Act or section 402 of unions, as authorized by 12 U.S.C. 1795 et seq., in the District of Columbia; reimbursement of the Housing Act of 1950 shall be available, with- shall not exceed $1,500,000,000: Provided, That the General Services Administration for security out regard to the limitations on administrative administrative expenses of the Central Liquidity guard services; $170,040,000: Provided, That con- expenses, for legal services on a contract or fee Facility shall not exceed $309,000: Provided fur- tracts may be entered into under ‘‘Salaries and basis, and for utilizing and making payment for ther, That $1,000,000 shall be transferred to the expenses’’ in fiscal year 2002 for maintenance services and facilities of the Federal National Community Development Revolving Loan Fund, and operation of facilities, and for other serv- Mortgage Association, Government National of which $650,000, together with amounts of ices, to be provided during the next fiscal year. Mortgage Association, Federal Home Loan principal and interest on loans repaid, shall be OFFICE OF INSPECTOR GENERAL Mortgage Corporation, Federal Financing available until expended for loans to community For necessary expenses of the Office of In- Bank, Federal Reserve banks or any member development credit unions, and $350,000 shall be spector General as authorized by the Inspector thereof, Federal Home Loan banks, and any in- available until expended for technical assistance General Act of 1978, as amended, $6,760,000, to sured bank within the meaning of the Federal to low-income and community development cred- remain available until September 30, 2003. Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811–1831). it unions. NEIGHBORHOOD REINVESTMENT CORPORATION SEC. 404. No part of any appropriation con- NATIONAL SCIENCE FOUNDATION PAYMENT TO THE NEIGHBORHOOD REINVESTMENT tained in this Act shall remain available for ob- RESEARCH AND RELATED ACTIVITIES CORPORATION ligation beyond the current fiscal year unless For necessary expenses in carrying out the For payment to the Neighborhood Reinvest- expressly so provided herein. National Science Foundation Act of 1950, as ment Corporation for use in neighborhood rein- SEC. 405. No funds appropriated by this Act amended (42 U.S.C. 1861–1875), and the Act to vestment activities, as authorized by the Neigh- may be expended— establish a National Medal of Science (42 U.S.C. borhood Reinvestment Corporation Act (42 (1) pursuant to a certification of an officer or 1880–1881); services as authorized by 5 U.S.C. U.S.C. 8101–8107), $105,000,000, of which employee of the United States unless— 3109; authorized travel; maintenance and oper- $10,000,000 shall be for a homeownership pro- (A) such certification is accompanied by, or is ation of aircraft and purchase of flight services gram that is used in conjunction with section 8 part of, a voucher or abstract which describes for research support; acquisition of aircraft; assistance under the United States Housing Act the payee or payees and the items or services for $3,598,340,000, of which not to exceed of 1937, as amended. which such expenditure is being made; or $300,000,000 shall remain available until ex- SELECTIVE SERVICE SYSTEM pended for Polar research and operations sup- (B) the expenditure of funds pursuant to such port, and for reimbursement to other Federal SALARIES AND EXPENSES certification, and without such a voucher or ab- agencies for operational and science support For necessary expenses of the Selective Service stract, is specifically authorized by law; and and logistical and other related activities for the System, including expenses of attendance at (2) unless such expenditure is subject to audit United States Antarctic program; the balance to meetings and of training for uniformed per- by the General Accounting Office or is specifi- remain available until September 30, 2003: Pro- sonnel assigned to the Selective Service System, cally exempt by law from such audit. vided, That receipts for scientific support serv- as authorized by 5 U.S.C. 4101–4118 for civilian SEC. 406. None of the funds provided in this ices and materials furnished by the National Re- employees; and not to exceed $750 for official re- Act to any department or agency may be ex- search Centers and other National Science ception and representation expenses; $25,003,000: pended for the transportation of any officer or Foundation supported research facilities may be Provided, That during the current fiscal year, employee of such department or agency between credited to this appropriation: Provided further, the President may exempt this appropriation the domicile and the place of employment of the That to the extent that the amount appropriated from the provisions of 31 U.S.C. 1341, whenever officer or employee, with the exception of an of- is less than the total amount authorized to be the President deems such action to be necessary ficer or employee authorized such transpor- appropriated for included program activities, all in the interest of national defense: Provided fur- tation under 31 U.S.C. 1344 or 5 U.S.C. 7905. amounts, including floors and ceilings, specified ther, That none of the funds appropriated by SEC. 407. None of the funds provided in this in the authorizing Act for those program activi- this Act may be expended for or in connection Act may be used for payment, through grants or ties or their subactivities shall be reduced pro- with the induction of any person into the Armed contracts, to recipients that do not share in the portionally: Provided further, That $75,000,000 Forces of the United States. cost of conducting research resulting from pro- of the funds available under this heading shall TITLE IV—GENERAL PROVISIONS posals not specifically solicited by the Govern- be made available for a comprehensive research SEC. 401. Where appropriations in titles I, II, ment: Provided, That the extent of cost sharing initiative on plant genomes for economically sig- and III of this Act are expendable for travel ex- by the recipient shall reflect the mutuality of in- nificant crops. penses and no specific limitation has been terest of the grantee or contractor and the Gov- MAJOR RESEARCH EQUIPMENT AND FACILITIES placed thereon, the expenditures for such travel ernment in the research. CONSTRUCTION expenses may not exceed the amounts set forth SEC. 408. None of the funds provided in this For necessary expenses for the acquisition, therefor in the budget estimates submitted for Act may be used, directly or through grants, to construction, commissioning, and upgrading of the appropriations: Provided, That this provi- pay or to provide reimbursement for payment of major research equipment, facilities, and other sion does not apply to accounts that do not con- the salary of a consultant (whether retained by such capital assets pursuant to the National tain an object classification for travel: Provided the Federal Government or a grantee) at more Science Foundation Act of 1950, as amended, in- further, That this section shall not apply to than the daily equivalent of the rate paid for cluding authorized travel, $138,800,000 to remain travel performed by uncompensated officials of level IV of the Executive Schedule, unless spe- available until expended: Provided, That the Di- local boards and appeal boards of the Selective cifically authorized by law.

VerDate 06-NOV-2001 03:40 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00074 Fmt 7634 Sfmt 6333 E:\CR\FM\A06NO7.043 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7799

SEC. 409. None of the funds provided in this made available that the program, project, or ac- ment improvements may be obligated or ex- Act may be used to pay the expenses of, or oth- tivity is not in compliance with any Federal law pended unless HUD provides to the Committees erwise compensate, non-Federal parties inter- relating to risk assessment, the protection of pri- on Appropriations a description of each pro- vening in regulatory or adjudicatory pro- vate property rights, or unfunded mandates. posed activity and a detailed budget estimate of ceedings. Nothing herein affects the authority of SEC. 419. Corporations and agencies of the De- the costs associated with each activity as part of the Consumer Product Safety Commission pur- partment of Housing and Urban Development the Budget Justifications. For fiscal year 2002, suant to section 7 of the Consumer Product which are subject to the Government Corpora- HUD shall transmit this information to the Safety Act (15 U.S.C. 2056 et seq.). tion Control Act, as amended, are hereby au- Committees by January 8, 2002 for 30 days of re- SEC. 410. Except as otherwise provided under thorized to make such expenditures, within the view. existing law, or under an existing Executive limits of funds and borrowing authority avail- SEC. 427. All Departments and agencies fund- Order issued pursuant to an existing law, the able to each such corporation or agency and in ed under this Act are encouraged, within the obligation or expenditure of any appropriation accord with law, and to make such contracts limits of the existing statutory authorities and under this Act for contracts for any consulting and commitments without regard to fiscal year funding, to expand their use of ‘‘E-Commerce’’ service shall be limited to contracts which are: limitations as provided by section 104 of such technologies and procedures in the conduct of (1) a matter of public record and available for Act as may be necessary in carrying out the pro- their business practices and public service ac- public inspection; and (2) thereafter included in grams set forth in the budget for 2002 for such tivities. a publicly available list of all contracts entered corporation or agency except as hereinafter pro- SEC. 428. Section 104(n)(4) of the Cerro Grande into within 24 months prior to the date on which vided: Provided, That collections of these cor- Fire Assistance Act (Public Law 106–246) is the list is made available to the public and of all porations and agencies may be used for new amended by striking ‘‘beginning not later than contracts on which performance has not been loan or mortgage purchase commitments only to the expiration of the 1-year period beginning on completed by such date. The list required by the the extent expressly provided for in this Act (un- the date of the enactment of this Act.’’ and in- preceding sentence shall be updated quarterly less such loans are in support of other forms of serting ‘‘within 120 days after the Director and shall include a narrative description of the assistance provided for in this or prior appro- issues the report required by subsection (n) in work to be performed under each such contract. priations Acts), except that this proviso shall 2002 and 2003.’’. SEC. 411. Except as otherwise provided by law, not apply to the mortgage insurance or guar- SEC. 429. None of the funds provided by this no part of any appropriation contained in this anty operations of these corporations, or where Act may be used for the purpose of imple- Act shall be obligated or expended by any exec- loans or mortgage purchases are necessary to menting any administrative proposal that would utive agency, as referred to in the Office of Fed- protect the financial interest of the United require military retirees to make an ‘‘irrevocable eral Procurement Policy Act (41 U.S.C. 401 et States Government. choice’’ for any specified period of time between seq.), for a contract for services unless such ex- SEC. 420. Notwithstanding any other provision Department of Veterans Affairs or military ecutive agency: (1) has awarded and entered of law, the term ‘‘qualified student loan’’ with health care under the new TRICARE for Life into such contract in full compliance with such respect to national service education awards plan authorized in the Floyd D. Spence Na- Act and the regulations promulgated there- shall mean any loan determined by an institu- tional Defense Authorization Act for Fiscal tion of higher education to be necessary to cover under; and (2) requires any report prepared pur- Year 2001 (as enacted into law by Public 106– a student’s cost of attendance at such institu- suant to such contract, including plans, evalua- 398). tion and made directly to a student by a state tions, studies, analyses and manuals, and any SEC. 430. None of the funds appropriated by agency, in addition to other meanings under report prepared by the agency which is substan- this Act may be used to delay the national pri- section 148(b)(7) of the National and Community tially derived from or substantially includes any mary drinking water regulation for Arsenic pub- Service Act. report prepared pursuant to such contract, to lished on January 22, 2001, in the Federal Reg- SEC. 421. Unless otherwise provided for in this ister (66 Fed. Reg. pages 6976 through 7066, contain information concerning: (A) the con- Act or through reprogramming of funds, no part tract pursuant to which the report was pre- amending parts 141 through 142 of title 40 of the of any appropriation for the Department of Code of Federal Regulations). pared; and (B) the contractor who prepared the Housing and Urban Development shall be avail- report pursuant to such contract. SEC. 431. Subtitle B of title VI of the Robert T. able for any activity in excess of amounts set Stafford Disaster Relief and Emergency Assist- SEC. 412. Except as otherwise provided in sec- forth in the budget estimates submitted to Con- tion 406, none of the funds provided in this Act ance Act (42 U.S.C. 5197–5197g) is amended by gress. adding at the end the following: to any department or agency shall be obligated SEC. 422. None of the funds appropriated or or expended to provide a personal cook, chauf- otherwise made available by this Act shall be ‘‘SEC. 629. MINORITY EMERGENCY PREPARED- NESS DEMONSTRATION PROGRAM. feur, or other personal servants to any officer or used to promulgate a final regulation to imple- ‘‘(a) IN GENERAL.—The Director shall estab- employee of such department or agency. ment changes in the payment of pesticide toler- lish a minority emergency preparedness dem- SEC. 413. None of the funds provided in this ance processing fees as proposed at 64 Fed. Reg. onstration program to research and promote the Act to any department or agency shall be obli- 31040, or any similar proposals. The Environ- capacity of minority communities to provide gated or expended to procure passenger auto- mental Protection Agency may proceed with the data, information, and awareness education by mobiles as defined in 15 U.S.C. 2001 with an development of such a rule. EPA estimated miles per gallon average of less SEC. 423. The Environmental Protection Agen- providing grants to or executing contracts or co- than 22 miles per gallon. cy may not use any of the funds appropriated or operative agreements with eligible nonprofit or- SEC. 414. None of the funds appropriated in otherwise made available by this Act to imple- ganizations to establish and conduct such pro- title I of this Act shall be used to enter into any ment the Registration Fee system codified at 40 grams. new lease of real property if the estimated an- Code of Federal Regulations Subpart U (sections ‘‘(b) ACTIVITIES SUPPORTED.—An eligible non- nual rental is more than $300,000 unless the Sec- 152.400 et seq.) if its authority to collect mainte- profit organization may use a grant, contract, retary submits a report which the Committees on nance fees pursuant to FIFRA section 4(i)(5) is or cooperative agreement awarded under this Appropriations of the Congress approve within extended for at least 1 year beyond September section— 30 days following the date on which the report 30, 2001. ‘‘(1) to conduct research into the status of is received. SEC. 424. Except in the case of entities that are emergency preparedness and disaster response SEC. 415. (a) It is the sense of the Congress funded solely with Federal funds or any natural awareness in African American and Hispanic that, to the greatest extent practicable, all persons that are funded under this Act, none of households located in urban, suburban, and equipment and products purchased with funds the funds in this Act shall be used for the plan- rural communities, particularly in those States made available in this Act should be American- ning or execution of any program to pay the ex- and regions most impacted by natural and man- made. penses of, or otherwise compensate, non-Federal made disasters and emergencies; and (b) In providing financial assistance to, or en- parties to lobby or litigate in respect to adju- ‘‘(2) to develop and promote awareness of tering into any contract with, any entity using dicatory proceedings funded in this Act. A chief emergency preparedness education programs funds made available in this Act, the head of executive officer of any entity receiving funds within minority communities, including develop- each Federal agency, to the greatest extent under this Act shall certify that none of these ment and preparation of culturally competent practicable, shall provide to such entity a notice funds have been used to engage in the lobbying educational and awareness materials that can describing the statement made in subsection (a) of the Federal Government or in litigation be used to disseminate information to minority by the Congress. against the United States unless authorized organizations and institutions. SEC. 416. None of the funds appropriated in under existing law. ‘‘(c) ELIGIBLE ORGANIZATIONS.—A nonprofit this Act may be used to implement any cap on SEC. 425. No part of any funds appropriated organization is eligible to be awarded a grant, reimbursements to grantees for indirect costs, ex- in this Act shall be used by an agency of the ex- contract, or cooperative agreement under this cept as published in Office of Management and ecutive branch, other than for normal and rec- section with respect to a program if the organi- Budget Circular A–21. ognized executive-legislative relationships, for zation is a nonprofit organization that is de- SEC. 417. Such sums as may be necessary for publicity or propaganda purposes, and for the scribed in section 501(c)(3) of the Internal Rev- fiscal year 2002 pay raises for programs funded preparation, distribution or use of any kit, pam- enue Code of 1986 (26 U.S.C. 501(c)(3)) and ex- by this Act shall be absorbed within the levels phlet, booklet, publication, radio, television or empt from tax under section 501(a) of such Code, appropriated in this Act. film presentation designed to support or defeat whose primary mission is to provide services to SEC. 418. None of the funds made available in legislation pending before the Congress, except communities predominately populated by minor- this Act may be used for any program, project, in presentation to the Congress itself. ity citizens, and that can demonstrate a part- or activity, when it is made known to the Fed- SEC. 426. None of the funds provided in title II nership with a minority-owned business enter- eral entity or official to which the funds are for technical assistance, training, or manage- prise or minority business located in a HUBZone

VerDate 06-NOV-2001 03:40 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00075 Fmt 7634 Sfmt 6333 E:\CR\FM\A06NO7.046 pfrm02 PsN: H06PT1 H7800 CONGRESSIONAL RECORD — HOUSE November 6, 2001 (as defined in section 3(p) of the Small Business ther, That in administering these funds and pendent agencies, boards, commissions, cor- Act (15 U.S.C. 632(p))) with respect to the pro- funds under section 108 of such Act used for porations, and offices for the fiscal year end- gram. economic revitalization activities in New York ing September 30, 2002, and for other pur- ‘‘(d) USE OF FUNDS.—A recipient of a grant, City, the Secretary may waive, or specify alter- poses, submit the following joint statement contract, or cooperative agreement awarded native requirements for, any provision of any to the House and the Senate in explanation under this section may only use the proceeds of statute or regulation that the Secretary admin- of the effect of the action agreed upon by the the grant, contract, or agreement to— isters in connection with the obligation by the managers and recommended in the accom- ‘‘(1) acquire expert professional services nec- Secretary or the use by the recipient of these panying report. essary to conduct research in communities pre- funds or guarantees (except for requirements re- The language and allocations set forth in dominately populated by minority citizens, with lated to fair housing, nondiscrimination, labor House Report 107–159 and Senate Report 107– a primary emphasis on African American and standards, and the environment), upon a find- 43 should be complied with unless specifi- Hispanic communities; ing that such waiver is required to facilitate the cally addressed to the contrary in the con- ‘‘(2) develop and prepare informational mate- use of such funds or guarantees, and would not ference report and statement of the man- rials to promote awareness among minority com- be inconsistent with the overall purpose of the agers. Report language included by the munities about emergency preparedness and statute or regulation: Provided further, That House which is not changed by the report of how to protect their households and commu- such funds shall not adversely affect the the Senate or the conference and Senate re- nities in advance of disasters; amount of any formula assistance received by port language which is not changed by the ‘‘(3) establish consortia with minority na- the State of New York, New York City, or any conference is approved by the committee of tional organizations, minority institutions of categorical application for other Federal assist- the conference. The statement of the man- higher education, and faith-based institutions ance: Provided further, That the Secretary shall agers, while repeating some report language to disseminate information about emergency pre- publish in the Federal Register any waiver of for emphasis, does not intend to negate the paredness to minority communities; and any statute or regulation that the Secretary ad- language referred to above unless expressly ‘‘(4) implement a joint project with a minority ministers pursuant to title I of the Housing and provided herein. In cases which the House or serving institution, including a part B institu- Community Development Act of 1974, as amend- Senate have directed the submission of a re- tion (as defined in section 322(2) of the Higher ed, no later than 5 days before the effective date port, such report is to be submitted to both Education Act of 1965 (20 U.S.C. 1061(2))), an in- of such waiver: Provided further, That the Sec- House and Senate Committees on Appropria- stitution described in subparagraph (A), (B), or retary shall notify the Committees on Appro- tions. (C) of section 326 of that Act (20 U.S.C. priations on the proposed allocation of any Unless specifically addressed in this state- 1063b(e)(1)(A), (B), or (C)), and a Hispanic-serv- funds and any related waivers pursuant to this ment of the managers or in the House or ing institution (as defined in section 502(a)(5) of section no later than 5 days before such alloca- Senate reports accompanying H.R. 2620, the that Act (20 U.S.C. 1101a(a)(5))). tion. conferees agree to retain the reprogramming ‘‘(e) APPLICATION AND REVIEW PROCEDURE.— This Act may be cited as the ‘‘Departments of thresholds for each department or agency at To be eligible to receive a grant, contract, or co- Veterans Affairs and Housing and Urban Devel- the level established by the fiscal year 1999 operative agreement under this section, an orga- opment, and Independent Agencies Appropria- reports. nization must submit an application to the Di- tions Act, 2002’’. RELATIONSHIP WITH BUDGET OFFICES rector at such time, in such manner, and accom- And the Senate agree to the same. Through the years, the Appropriations panied by such information as the Director may Committees have channeled most of their in- JAMES T. WALSH, reasonably require. The Director shall establish quiries and requests for information and as- TOM DELAY, a procedure by which to accept such applica- sistance through the budget offices of the DAVID L. HOBSON, tions. various departments, agencies, and commis- ‘‘(f) AUTHORIZATION OF APPROPRIATION.— JOE KNOLLENBERG, sions. The Committees have often pointed There is authorized to be appropriated to carry RODNEY P. out the natural affinity and relationship be- out this section $1,500,000 for fiscal year 2002 FRELINGHUYSEN, tween these organizations and the Appro- and such funds as may be necessary for fiscal ANNE M. NORTHUP, priations Committees which makes such a years 2003 through 2007. Such sums shall remain JOHN E. SUNUNU, relationship workable. The conferees reit- available until expended.’’. VIRGIL GOODE, Jr., erate their position that while the Commit- SEC. 432. None of the funds made available by ROBERT B. ADERHOLT, tees reserve the right to call upon all offices this Act may be used to implement or enforce the BILL YOUNG, in the departments, agencies, and commis- requirement under section 12(c) of the United ALAN B. MOLLOHAN, sions, the primary conjunction between the States Housing Act of 1937, as amended (42 MARCY KAPTUR, Committees and these entities must nor- U.S.C. 1437j(c)) relating to community service, CARRIE P. MEEK, mally be through the budget offices. The except with respect to any resident of a public DAVID PRICE, Committees appreciate all the assistance re- housing project funded with any amounts pro- ROBERT E. CRAMER, Jr., ceived from each of the departments, agen- vided under section 24 of the United States CHAKA FATTAH, cies, and commissions during this past year. Housing Act of 1937, as amended, or any prede- DAVID OBEY, The workload generated by the budget proc- cessor program for the revitalization of severely Managers on the Part of the House. ess is large and growing, and therefore, a distressed public housing (HOPE VI). BARBARA A. MIKULSKI, positive, responsive relationship between the SEC. 433. Section 1301 of title XIII of Division PATRICK J. LEAHY, B of H.R. 5666, as enacted by section 1(a)(4) of Committees and the budget offices is abso- TOM HARKIN, Public Law 106–554, is amended by striking ‘‘fa- lutely essential to the appropriations proc- ROBERT C. BYRD, cilities’’ and inserting in lieu thereof ‘‘facilities, ess. HERB KOHL, including the design and construction of such TITLE I—DEPARTMENT OF VETERANS TIM JOHNSON, facilities,’’. AFFAIRS ERNEST F. HOLLINGS, SEC. 434. The amounts subject to the fifth pro- Of the amounts approved in the appropria- viso under the heading, ‘‘Emergency Response DANIEL K. INOUYE, tions accounts in this title, the Department Fund’’, in Public Law 107–38, which are avail- CHRISTOPHER S. BOND, must limit transfers of funds between objec- able for transfer to the Department of Housing CONRAD BURNS, tives to not more than $500,000, except as spe- and Urban Development 15 days after the Direc- RICHARD C. SHELBY, cifically noted, without prior approval of the tor of the Office of Management and Budget has LARRY E. CRAIG, Committees. No changes may be made to any submitted to the House and Senate Committees (except for general account or objective, except as approved by on Appropriations a proposed allocation and provision on ar- the Committees, if it is construed to be pol- plan for use of the funds for the Department, senic), icy or change in policy. Any activity or pro- may be used for purposes of ‘Community Devel- PETE V. DOMENICI, gram cited in the statement of the managers opment Block Grants’, as authorized by title I of (except for general shall be construed as the position of the con- the Housing and Community Development Act provision on ar- ferees and should not be subject to reduc- of 1974, as amended: Provided, That such funds senic), tions or reprogramming without prior ap- may be awarded to the State of New York for MIKE DEWINE, proval of the Committees. It is the intent of assistance for properties and businesses dam- TED STEVENS, the conferees that all carryover funds in the aged by, and for economic revitalization related Managers on the Part of the Senate. various appropriations accounts are subject to, the September 11, 2001 terrorist attacks on JOINT EXPLANATORY STATEMENT OF to the normal reprogramming requirements New York City, for the affected area of New THE COMMITTEE OF CONFERENCE outlined above. The Department is expected York City, and for reimbursement to the State The managers on the part of the House and to comply with all normal rules and regula- and City of New York for expenditures incurred the Senate at the conference on the dis- tions in carrying out these directives. Fi- from the regular Community Development Block agreeing votes of the two Houses on the nally, the Department should continue to Grant formula allocation used to achieve these amendment of the Senate to the bill (H.R. notify the Committees regarding reorganiza- same purposes: Provided further, That the State 2620) making appropriations for the Depart- tions of offices, programs, or activities prior of New York is authorized to provide such as- ments of Veterans Affairs and Housing and to the planned implementation of such reor- sistance to the City of New York: Provided fur- Urban Development, and for sundry inde- ganizations. November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7801

VETERANS BENEFITS ADMINISTRATION ations of unneeded buildings to support di- be based on scientific and clinical studies COMPENSATION AND PENSIONS rect patient care and encourage the efforts showing improvements in treatment efficacy to reduce those expenditures as the Capital or a decrease in side-effects, with cost sav- (INCLUDING TRANSFER OF FUNDS) Asset Realignment for Enhanced Services ings as a subordinate goal to appropriate Appropriates $24,944,288,000 for compensa- (CARES) process moves forward. treatment options. tion and pensions as proposed by both the Provides $15,000,000 from medical funds for The conferees are aware of a proposal to House and the Senate, of which not more CARES projects instead of $30,000,000 as pro- establish a Center for Healthcare Informa- than $17,940,000 is to be transferred to gen- posed by the Senate. The House did not iden- tion at the Office of Medical Information Se- eral operating expenses and medical care. tify any funds in this account for CARES. curity Service at the Martinsburg VAMC to READJUSTMENT BENEFITS Retains language proposed by the Senate improve the security of VA’s computerized Appropriates $2,135,000,000 for readjustment transferring collected receipts in the medical medical records. The conferees direct the VA benefits as proposed by both the House and care collections fund to the medical care ac- to report to the Committees by March 1, 2002 the Senate. Deletes bill language proposed count. The House provided transfer author- on the feasibility of establishing this Center. by the Senate allowing funds to be payable ity in a separate medical care collections The conferees direct the VA to report to for any court order, award or settlement. fund appropriating paragraph. the Committees on Appropriations by Au- For a number of years GAO and the Con- VETERANS INSURANCE AND INDEMNITIES gust 2, 2002 on the VA’s application of gress have been encouraging the VA and De- viscosupplementation as an alternative Appropriates $26,200,000 for veterans insur- partment of Defense (DOD) to work together means of treating degenerative knee diseases ance and indemnities as proposed by both to find ways to share resources and provide in veterans. The report should include the the House and the Senate. better health care for our Nation’s military, potential costs and benefits of the procedure VETERANS HOUSING BENEFIT PROGRAM FUND military retirees, and veterans. The con- as a part of VA’s health care delivery and PROGRAM ACCOUNT ferees direct the Secretary of Veterans Af- VA’s recommendations for future use of the fairs, in cooperation with the Secretary of (INCLUDING TRANSFER OF FUNDS) procedure. Defense, to submit to the Committees on Ap- Appropriates such sums as may be nec- The conferees are aware of local concerns propriations a credible plan by September 1, regarding the elements of the April 2001 re- essary for costs associated with direct and 2002 for no less than three demonstration guaranteed loans from the veterans housing port titled ‘‘Plan for the Development of a sites where the VA and DOD will fully inte- 25–Year General Use Plan for Department of benefit program fund program account as grate operations, pharmacy services, billing proposed by both the House and the Senate, Veterans Affairs West Los Angeles and records, and treatment. Further, the Healthcare Center.’’ The conferees strongly plus $164,497,000 to be transferred to and conferees direct the VA to include in the merged with general operating expenses. urge the VA to work with the local commu- plan VA–DOD sharing options that com- nity when formulating a plan to best use the EDUCATION LOAN FUND PROGRAM ACCOUNT plement CARES principles. The conferees di- campus for improving veterans’ access to (INCLUDING TRANSFER OF FUNDS) rect both Secretaries to consider the oppor- VA-provided services. tunity presented at the Tripler Army Med- Appropriates $1,000 for the costs of direct MEDICAL CARE COLLECTIONS FUND loans from the education loan fund program ical Center for this demonstration program. (INCLUDING TRANSFER OF FUNDS) account as proposed by both the House and The conferees are dismayed by GAO re- the Senate, plus $64,000 to be transferred to ports outlining the dismal state of VHA’s Deletes the medical care collections fund and merged with general operating expenses. record on third party collections. The con- paragraph as proposed by the House and in- ferees direct the Secretary to undertake a stead provides transfer authority in medical VOCATIONAL REHABILITATION LOANS PROGRAM demonstration project for a minimum of two care as proposed by the Senate. ACCOUNT years utilizing not less than $3,000,000 to ob- MEDICAL AND PROSTHETIC RESEARCH (INCLUDING TRANSFER OF FUNDS) tain a private sector contractor to install Appropriates $371,000,000 for medical and and operate a total patient financial services Appropriates $72,000 for the costs of direct prosthetic research as proposed by the House system. In addition to the guidelines set loans from the vocational rehabilitation instead of $390,000,000 as proposed by the Sen- forth in House Report 107–159, the dem- loans program account as proposed by both ate. onstration should be developed in a manner the House and the Senate, plus $274,000 to be The conferees understand that the VA has that recognizes that this problem exists in transferred to and merged with general oper- developed an agreement for intellectual all VISNs and any solution for a single VISN ating expenses. property sharing with university research in- must be usable and exportable in an efficient NATIVE AMERICAN VETERAN HOUSING LOAN PRO- stitutions. Some universities have expressed manner to all VISNs. The conferees believe GRAM ACCOUNT (INCLUDING TRANSFER OF concerns about a university’s right to inven- an essential element of this demonstration is FUNDS) tions that are developed from supported re- the effective use of private sector business Appropriates $544,000 for administrative ex- search. Further, there are concerns whether services in concert with VA employees. the VA’s agreements are consistent with the penses of the Native American housing loan The conferees are troubled by the abun- Bayh-Dole Act and similar agreements uti- program account to be transferred to and dance of conflicting information and lack of lized by other Federal agencies. Accordingly, merged with general operating expenses as uniformity across VA’s health system in re- the conferees direct the VA to report to the proposed by both the House and the Senate. gard to atypical anti-psychotic medications. Committees on Appropriations by February GUARANTEED TRANSITIONAL HOUSING LOANS Providing care for the seriously mentally ill 1, 2002 regarding these concerns. In respond- FOR HOMELESS VETERANS PROGRAM ACCOUNT is one of VA’s top priorities and requires a ing to the Committees, the VA should con- Provides up to $750,000 of the funds avail- special level of commitment, as this popu- sult with universities and university associa- able in medical care and general operating lation is especially vulnerable and difficult tions, including the American Association of expenses to carry out the guaranteed transi- to treat. Atypical anti-psychotic medication Medical Colleges, the Association of Univer- tional housing loans for homeless veterans prescribing practices must not be used as sity Technology Managers, and the Council program as proposed by both the House and performance indicators when evaluating a on Government Relations. the Senate. physician’s work; nor should price, market The conferees direct the continued part- share, and corporate interest factor into VETERANS HEALTH ADMINISTRATION nership with the National Technology Trans- choosing the best drug to treat mental ill- MEDICAL CARE fer Center at the current level of effort. ness. To this end, the conferees direct the (INCLUDING TRANSFER OF FUNDS) Secretary to communicate clearly to each MEDICAL ADMINISTRATION AND MISCELLANEOUS Appropriates $21,331,164,000 for medical doctor, facility director and pharmacy man- OPERATING EXPENSES care instead of $21,282,587,000 as proposed by ager that atypical anti-psychotic pharma- Appropriates $66,731,000 for medical admin- the House and $21,379,742,000 as proposed by ceutical prescribing practices are not to be istration and miscellaneous operating ex- the Senate. used as a measure of job performance and re- penses as proposed by the House instead of Retains bill language proposed by the Sen- iterate the Department’s policy that physi- $67,628,000 as proposed by the Senate. The ate delaying the availability of $675,000,000 cians are to use their best clinical judgment conferees agree to retain language proposed for equipment and land and structures until when choosing atypical anti-psychotic medi- by the Senate providing a limitation on the August 1, 2002 remaining available until Sep- cations. However, the conferees are aware availability of funds from Management Field tember 30, 2003. The House proposed delaying that there is a wide price disparity between Service reimbursements of September 30, $900,000,000 for the same purposes. the currently available atypical anti-psy- 2002. Retains bill language making $900,000,000 chotic drugs and the Department should feel The conferees agree that there is concern available until September 30, 2003 as pro- free to also communicate relative cost data about the guidance and leadership provided posed by the Senate instead of $500,000,000 as for all atypical anti-psychotic drugs to its by headquarters to guarantee quality proposed by the House. physicians. healthcare and sound fiscal management Deletes bill language limiting $3,000,000,000 The conferees direct the VA to keep an across the system. The VA is directed to sub- for maintenance and operations expenses as open policy with regard to formulating new mit with the fiscal year 2002 operating plan proposed by the House. The conferees strong- schizophrenia and serious mental illness the signed performance agreements of all 22 ly support the redirection of medical re- treatment protocols as new treatments be- VISN directors, action plans for each VISN sources from the maintenance and oper- come available, but those protocols should on how that VISN will improve collection

VerDate 06-NOV-2001 03:40 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.065 pfrm02 PsN: H06PT1 H7802 CONGRESSIONAL RECORD — HOUSE November 6, 2001 rates, and financial reports from the three $60,000,000 provided in construction, major efit study on viscosupplementation as a VISNs which received supplemental loans projects to move forward with the blind and treatment option for knee replacements. The and funding for the second consecutive year spinal cord injury center at the Hines VAMC conferees have agreed to instead include re- summarizing how those VISNs have become conditional upon the Secretary certifying port language in the medical care account financially sound. that a full and open consultation process was directing the VA to complete such a study. Retains language proposed by the Senate DEPARTMENTAL ADMINISTRATION conducted regarding the VISN 12 rec- ommendations, implementing Option B of recognizing the North Dakota Veterans Cem- GENERAL OPERATING EXPENSES the CARES VISN 12 Service Delivery Options etery as a state cemetery eligible under the Appropriates $1,195,728,000 for general oper- with a developed implementation plan in- Grants for State Veterans Cemeteries Pro- ating expenses as proposed by the House in- cluding milestones, and initiating Phase II of gram. stead of $1,194,831,000 as proposed by the Sen- CARES. Deletes language proposed by the Senate ate. Retains language proposed by the House As a part of the CARES process in VISN 12, establishing a 60-day wait period for any ac- allowing funds to be used for the administra- VA recently completed a formal comment tion related to VISN 12 realignment. The tive expenses of department-wide capital process where VA solicited input from a conferees have agreed to instead include re- port language in the construction, major planning, management and policy activities. large number of affected and interested par- projects account. The conferees agree to fund the Veterans ties. The conferees direct the Secretary to Benefits Administration at not less than certify to the Congress that he has carried TITLE II—DEPARTMENT OF HOUSING $955,352,000. The conferees are optimistic out a full and open consultation process with AND URBAN DEVELOPMENT about the recommendations put forward by all affected stakeholders and after submis- The conferees restate the reprogramming the Department of Veterans Affairs Com- sion of such certification, finalize decisions requirements with respect to amounts ap- pensations and Pensions Task Force and regarding CARES in VISN 12 not later than proved for each appropriations account with- commend the Secretary for announcing his January 15, 2002. in this title. The Department must limit the intentions to implement most of the rec- The conferees strongly urge that the Sec- reprogramming of funds between the pro- ommendations. The conferees look forward retary consider the needs for improvements grams, projects, and activities within each to the fiscal year 2003 budget hearings in and safety upgrades to the West Virginia Na- account to not more than $500,000 without hopes that implementation of the short-term tional Cemetery in Grafton, West Virginia in prior approval of the Committees on Appro- recommendations will yield improvements in the formulation of the Department’s fiscal priations. Unless otherwise identified in this claims processing times by spring 2003. year 2003 budget requirements. The conferees statement of managers or committee re- ports, the most detailed allocation of funds NATIONAL CEMETERY ADMINISTRATION are aware that initial planning documents presented in the budget justifications shall Appropriates $121,169,000 for the national have been prepared for this initiative and en- courage the completion of design and archi- be considered to be approved, with any devi- cemetery administration as proposed by both ation from such approved allocation subject the House and the Senate. tectural plans within available funds pending this review. to the normal reprogramming requirements OFFICE OF INSPECTOR GENERAL outlined above. Further, it is the intent of FACILITY REHABILITATION FUND Appropriates $52,308,000 for the Office of In- the conferees that all carryover funds in the Deletes $300,000,000 for establishment of the spector General as proposed by the House in- various accounts, including recaptures and facility rehabilitation fund as proposed by stead of $48,308,000 as proposed by the Senate. deobligations, are subject to the normal re- the House. The Senate did not include this The conferees have agreed to provide the programming requirements outlined above. account. higher funding level due to the nation-wide Further, no changes may be made to any benefit payment review planned in response CONSTRUCTION, MINOR PROJECTS program, project, or activity if it is con- to the recent benefits fraud investigation in Appropriates $210,900,000 for construction, strued to be policy or a change in policy, Atlanta, Georgia. minor projects instead of $178,900,000 as pro- without prior approval of the Committees. Finally, the conferees expect to be notified CONSTRUCTION, MAJOR PROJECTS posed by both the House and the Senate. Re- tains language proposed by the House lim- regarding reorganizations of offices, pro- Appropriates $183,180,000 for construction, iting additional CARES funds upon notifica- grams or activities prior to the planned im- major projects as proposed by the House in- tion of and approval by the Committees on plementation of such reorganizations, as stead of $155,180,000 as proposed by the Sen- Appropriations. well as be notified, on a monthly basis, of all ate. ongoing litigation, including any negotia- The conferees agree to the projects in- PARKING REVOLVING FUND tions or discussions, planned or ongoing, re- cluded in the budget estimate plus $125,000 Appropriates $4,000,000 for the parking re- garding a consent decree between the De- for planning a national cemetery in the Al- volving fund as proposed by both the House partment and any other entity. and the Senate. buquerque, New Mexico area to be offset PUBLIC AND INDIAN HOUSING GRANTS FOR CONSTRUCTION OF STATE from the working reserve. The conferees HOUSING CERTIFICATE FUND have provided up to $125,000 to start initial EXTENDED CARE FACILITIES cemetery planning activities in Albu- (INCLUDING TRANSFER AND RESCISSION OF Appropriates $100,000,000 for grants for con- FUNDS) querque, but direct that further funding for struction of state extended care facilities as Appropriates $15,640,975,000 instead of cemetery construction activities must be proposed by both the House and the Senate. considered in the greater context of funding $15,694,242,000 as proposed by the House and GRANTS FOR CONSTRUCTION OF STATE the country’s national veterans cemetery $15,658,769,000 as proposed by the Senate. VETERANS CEMETERIES The conference agreement assumes an ad- needs as presented in the Department’s needs ditional $640,000,000 in prior year carryover is assessment report due December, 2001. Appropriates $25,000,000 for grants for con- available to meet section 8 renewal require- The conferees agree that the electrical fire struction of state veterans cemeteries as ments based upon a reduction in reserve at the Miami VAMC presents a unique situa- proposed by both the House and the Senate. funds available to public housing authorities tion compromising VA’s ability to provide ADMINISTRATIVE PROVISIONS (PHAs) as proposed by the House and the patient care in an environment safe for pa- (INCLUDING TRANSFER OF FUNDS) Senate. Language is included to implement tients and employees and agree to provide Retains eight administrative provisions the change in reserve funds as proposed by $28,300,000 for the emergency repair project proposed by both the House and the Senate, the House. The conferees understand that even though VISN 8 has not undergone a seven of which were included in the fiscal HUD has the authority to provide PHAs with CARES review. year 2001 bill. the necessary funds to administer their sec- The conferees remain strongly supportive Deletes language proposed by the House tion 8 contracts, nevertheless the conferees of CARES. This nation-wide review is crit- eliminating the health services improvement direct HUD to ensure that PHAs have the ical to ensuring VA’s capital assets can sup- fund. funds to administer all section 8 contracts in port current and long-term health care needs Retains language proposed by the House a normal manner, including vouchers that and are rehabilitated and aligned for optimal allowing VA to deduct associated adminis- turn over during the year. In cases where efficiency and access. The conferees agree to trative expenses from enhanced use proceeds PHAs require additional funds for approved provide $60,000,000 from construction, major and use those receipts in the same fiscal year uses and amounts, HUD shall provide to projects, for CARES initiatives, of which the receipts are received. these PHAs the necessary section 8 funds. $10,000,000 is for Phase III studies. If less than Retains language proposed by the House The conferees also direct HUD to make quar- $10,000,000 is required for Phase III, the bal- allowing the Department to reimburse from terly reports to the Committees on Appro- ance may be used for construction. fiscal year 2002 salary and expenses accounts priations on the status and availability of all The conferees are strongly encouraged by for services rendered to the Office of Resolu- section 8 reserves maintained by PHAs. the recommendations from Phase I of tion Management up to $28,555,000 and the The conference agreement includes the fol- CARES, which if implemented, could re-in- Office of Employment Discrimination Com- lowing: vest at least $270,000,000 over the next 20 plaint Adjudication up to $2,383,000. The Sen- Contract Renewals.—$15,725,153,000, of which years from capital costs to improving direct ate proposed a similar provision with tech- $640,000,000 is derived from prior year carry- access and care for veterans in the region. In nical differences. over, for expiring section 8 housing assist- support of the Phase I recommendations, the Deletes language proposed by the Senate ance contracts, section 8 amendments, en- conferees have identified $40,000,000 of the directing the VA to conduct a cost and ben- hanced vouchers, and contracts entered into

VerDate 06-NOV-2001 03:40 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.067 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7803 pursuant to section 441 of the McKinney- for these projects shall be renewed on a one- revitalization of severely distressed public Vento Homeless Assistance Act. Funds for year basis consistent with the plans of ac- housing (HOPE VI) account, as well as the renewal of section 811 tenant-based as- tion that were approved as part of the efforts $5,000,000 in current on-going projects, will sistance is provided under the housing for to preserve these projects as low-income provide a total of $25,000,000 for the Neigh- special populations account as proposed by housing under ELIHPA and LIHPRHA. Nev- borhood Networks Initiative in fiscal year the House. ertheless, the conferees remain concerned 2002. The conferees support efforts to close The conferees reiterate the direction in- that many of these projects were over-sub- the digital divide, and believe that the needs cluded in the Senate report requiring re- sidized through these preservation efforts. of public housing residents must be an im- newal costs for section 8 project-based pro- The conferees believe HUD needs to review portant part of any initiative to achieve that grams to be discretely identified in the fiscal all these preservation projects and look at goal and can help ameliorate drug and crime year 2003 budget justifications. restructuring the mortgages and contract re- problems in public housing through new op- Incremental Vouchers.—$143,979,000 to pro- quirements where appropriate. The conferees portunities for education growth and em- vide ‘‘incremental’’ section 8 housing assist- direct HUD to report to the Committees on ployment opportunities. The conferees ex- ance vouchers to increase the number of low- Appropriations on this review and the status pect HUD to work with other Federal agen- income individuals and families receiving as- of these projects no later than June 15, 2002. cies to develop a comprehensive approach to sistance. Of this amount, $103,979,000 is pro- Does not include language proposed by the address the digital divide, and encourages vided for 18,000 vouchers to be distributed on Senate requiring that additional unobligated HUD to submit a proposal as part of the fis- a fair share basis to PHAs having a voucher balances from this account be rescinded and cal year 2003 budget to address comprehen- utilization rate of at least 97 percent, instead reallocated to other accounts in title II and sively the needs of public and federally-as- sisted housing residents. of $157,334,000 as proposed by the House and title III of this Act. The House bill did not The conferees remain concerned over the $98,623,000 as proposed by the Senate. HUD is include a similar provision. expected to distribute these vouchers within long-term capital needs and viability of pub- PUBLIC HOUSING CAPITAL FUND lic housing projects. The conferees believe 90 days of enactment of this Act, and to re- that reforms included in the public housing port to the Committees on Appropriations of (INCLUDING TRANSFER OF FUNDS) capital fund account will result in a more ef- the House and the Senate on compliance Appropriates $2,843,400,000 for the public fective and targeted use of these capital with this requirement no later than Feb- housing capital fund instead of $2,943,400,000 as proposed by the Senate and $2,555,000,000 funds and help preserve the investment that ruary 15, 2002. The remaining $40,000,000 is has been made in public housing over the provided for 7,900 new vouchers for distribu- as proposed by the House. Includes modified language designating years. In addition, the conferees continue to tion to non-elderly, disabled residents who support funding for the HOPE VI program as are affected by the designation of public and $550,000,000 to be allocated only to those PHAs which utilized their funds in compli- a complementary program targeted to the assisted housing as ‘‘elderly-only’’ develop- revitalization of distressed public housing. ments, instead of $39,912,000 as proposed by ance with statutory timeliness requirements pursuant to the Quality Housing and Work The conferees direct HUD to provide by June the House. Bill language is included, as pro- 15, 2002, a report on the lessons learned from Responsibility Act of 1998 (QHWRA), similar posed by the House and the Senate, to ear- HOPE VI, including best practices and the to language proposed by the House, to enable mark funds for this purpose in recognition of impact of HOPE VI on surrounding commu- those PHAs to address their backlog of main- the fact that people with disabilities are nities as well as the extent to which HOPE tenance needs in addition to their annual often unable to find affordable housing ab- VI projects have leveraged private invest- sent section 8 tenant-based assistance. maintenance requirements. The Senate did ments and revitalized economic redevelop- The conferees reiterate the House report- not include similar language. ment in these communities. In addition, the ing requirement related to identification and Includes modified language making funds conferees request that HUD provide an anal- remediation of PHAs designated as troubled available for four years instead of two years ysis of the extent to which the HOPE VI pro- under the Section Eight Management Assess- as proposed by the House and the Senate. gram can be a model for the replacement of ment Program (SEMAP). Includes language restating the applica- the older and distressed section 8 housing Contract Administrators.—$195,601,000 for bility of the QHWRA timeliness require- stock. ments to fiscal year 1999 funds as proposed section 8 contract administrators as pro- PUBLIC HOUSING OPERATING FUND posed by the House. Modified language is in- by the House. The Senate did not include a (INCLUDING TRANSFER AND RESCISSION OF cluded, similar to language proposed by the similar provision. FUNDS) House, to designate funds for this purpose. Includes modified language allowing the The Senate bill did not include a similar pro- Secretary or Deputy Secretary to waive Appropriates $3,494,868,000 for the public vision. QHWRA timeliness requirements similar to housing operating fund as proposed by the Tenant Protection.—$202,842,000 for tenant language proposed by the House. The Senate House instead of $3,384,868,000 as proposed by protection vouchers to replace lost project- did not include a similar provision. the Senate. The conferees have provided an 8.1 percent based section 8 assistance. Funding for new Includes modified language requiring the increase over the fiscal year 2001 level for vouchers under the HOPE VI program is pro- recapture of funds from PHAs not in compli- this account to reflect the merger of funds vided within the revitalization of severely ance with QHWRA timeliness requirements previously provided for drug elimination ac- distressed public housing (HOPE VI) account similar to language proposed by the House. The Senate did not include a similar provi- tivities through the public housing drug as proposed by the House and the Senate. elimination program (PHDEP) into this ac- Includes language transferring no less than sion. count. The conferees note that PHAs are au- $13,400,000 to the Working Capital Fund for Includes language to define obligations as thorized to use their operating and capital proposed by the House. The Senate did not development and maintenance of informa- funds for anti-crime and anti-drug activities. include a similar provision. tion technology systems as proposed by the It is the conferees understanding that two- The conferees reiterate the House direction Senate, instead of no less than $11,000,000 as thirds of all PHAs fund these activities from requiring quarterly reports on PHA utiliza- proposed by the House. within their operating and capital funds, tion of capital funds, delineated by PHA and Rescinds $1,200,000,000 from unobligated while the remaining one-third of PHAs re- balances available from the recapture of ex- fiscal year, with the first report due no later ceive supplemental funding through PHDEP cess section 8 funds, instead of $886,000,000 as than February 1, 2002. in addition to their regular operating and proposed by the House and $615,000,000 as pro- Includes $51,000,000 for technical assistance capital fund allocations. In lieu of con- posed by the Senate. Language is included as proposed by the House, instead of tinuing to provide a supplementary funding requiring that the rescission be applied $50,000,000 as proposed by the Senate. Of this source for selected PHAs, the conferees have against available funds appropriated in fiscal amount, $10,000,000 is for remediation serv- instead increased funding for operating sub- year 2001 and prior years for any account ices to troubled PHAs as proposed by the sidies to be distributed to all PHAs. To the under title II as proposed by the House, in- House. The Senate did not include a similar extent that additional assistance is required stead of requiring that the rescission be ap- provision. to combat issues and activities related to plied against available funds appropriated in Transfers no less than $52,700,000 from this crime and drugs, the conferees have included fiscal year 2002 and prior years in this ac- account to the Working Capital Fund for the modified language designating $10,000,000 to count as proposed by the Senate. development and maintenance of informa- be allocated by the United States Attorney Includes language proposed by the House tion technology systems, instead of no less General through existing Department of Jus- to prohibit the rescission of funds governed than $43,000,000 as proposed by the House and tice programs, such as the Weed and Seed by statutory reallocation provisions. The the Senate. program, to address those areas in public, In- Senate did not include a similar provision. Includes new language designating dian, and federally-assisted housing where Does not include language proposed by the $15,000,000 for the Neighborhood Networks additional resources are necessary to aug- Senate requiring that the renewal of expir- Initiative. These funds are to be competi- ment State and local efforts to effectively ing section 8 contracts subject to the Emer- tively awarded to PHAs for the establish- fight crime and drugs as proposed by the gency Low Income Housing Preservation Act ment and initial operation of computer cen- House. The Senate bill did not include simi- of 1987 (ELIHPA) and the Low-Income Hous- ters in and around public housing to enhance lar language. ing Preservation and Resident Homeowner- resident self-sufficiency, employability, and The conference agreement assumes the ter- ship Act of 1990 (LIHPRHA) are to be capped economic self-reliance. These amounts, com- mination of the Operation Safe Home pro- at current rents. This means that the rents bined with $5,000,000 provided for under the gram as recommended by the Senate. Of the

VerDate 06-NOV-2001 03:40 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.068 pfrm02 PsN: H06PT1 H7804 CONGRESSIONAL RECORD — HOUSE November 6, 2001

amount provided, $5,000,000 is available to The conferees further note that over the NATIVE HAWAIIAN HOUSING LOAN GUARANTEE the Office of Inspector General to support last six years, funds have been provided to FUND the closeout of this program and to transi- demolish over 100,000 units of the most se- (INCLUDING TRANSFER OF FUNDS) tion personnel previously participating in verely distressed public housing through the Appropriates $1,000,000 for guaranteed Operation Safe Home to other investigative HOPE VI program and the capital fund pro- loans for Native Hawaiian housing as pro- activities. The House bill proposed $10,000,000 gram, resulting in the revitalization of en- posed by the Senate. Includes language es- for the Office of Inspector General exclu- tire neighborhoods previously adversely im- tablishing a total loan volume of not to ex- sively for Operation Safe Home, while the pacted by the presence of severely deterio- ceed $40,000,000 and provides $35,000 for ad- Senate did not propose any funding for this rated housing. ministrative costs as proposed by the Sen- activity. In addition, $6,500,000 from prior To the extent that additional assistance is ate. The House did not propose funding for year funds appropriated under PHDEP for required, the conferees have also included this program. Operation Safe Home operational costs re- $10,000,000 under the public housing oper- main available for operational costs nec- ating fund account to be allocated by the COMMUNITY PLANNING AND DEVELOPMENT essary to complete on-going activities. In- United States Attorney General through ex- HOUSING OPPORTUNITIES FOR PERSONS WITH cludes new language rescinding $11,000,000 isting Department of Justice programs, such AIDS from prior year funds made available for Op- as the Weed and Seed program, to address Appropriates $277,432,000 for housing oppor- eration Safe Home which are in excess of those areas in public, Indian, and federally- tunities for persons with AIDS (HOPWA) as amounts necessary to complete on-going ac- assisted housing where additional resources proposed by the House and the Senate. tivities. are necessary to augment State and local ef- Includes modified language similar to lan- The conferees do not concur with the lan- forts to combat crime and drugs. guage proposed by the Senate requiring HUD guage in the Senate report related to the REVITALIZATION OF SEVERELY DISTRESSED to renew all expiring HOPWA contracts for June 7, 2000, settlement agreement with the PUBLIC HOUSING (HOPE VI) permanent supportive housing funded under Puerto Rico Public Housing Authority Appropriates $573,735,000 for the revitaliza- the non-formula component of the HOPWA (PRPHA). However, the conferees expect tion of severely distressed public housing program so long as the projects meet all HUD to ensure that PRPHA is treated in a program (HOPE VI) as proposed by the House other program requirements. The House did manner consistent with similar PHAs as and the Senate. Includes language desig- not include a similar provision. HUD develops a final rule implementing a nating $6,250,000 for technical assistance and new operating fund formula for all PHAs RURAL HOUSING AND ECONOMIC DEVELOPMENT contract expertise instead of $5,000,000 as Appropriates $25,000,000 for rural housing based upon the results of the public housing proposed by the House and $7,500,000 as pro- and economic development as proposed by operating cost study mandated in Public posed by the Senate. the Senate. Includes language requiring Law 106–74. Includes new language designating The conferees expect HUD to provide the $5,000,000 for the Neighborhood Networks Ini- funds to be awarded competitively by June 1, Chicago Housing Authority (CHA) with max- tiative. These funds are to be competitively 2002 as proposed by the Senate. The House imum regulatory flexibility as provided for awarded to PHAs for the establishment and did not propose funding for this program. in the Moving to Work Demonstration agree- initial operation of computer centers in con- EMPOWERMENT ZONES/ENTERPRISE ment dated February 6, 2000, as amended, as junction with fiscal year 2002 HOPE VI appli- COMMUNITIES proposed in the Senate report. The conferees cants to enhance resident self-sufficiency, Appropriates $45,000,000 for grants to the direct HUD to determine CHA’s funding allo- employability, and economic self-reliance. second round of empowerment zones instead cation in the same manner as all other These funds are not intended to limit the of $75,000,000 as proposed by the Senate. In- PHAs. Secretary’s ability to award additional funds cludes language designating $3,000,000 for The conferees have included direction for these activities as part of the regular each empowerment zone to be used in con- under the public housing capital fund ac- HOPE VI process. These amounts, combined junction with economic development activi- count in lieu of the direction included in the with $15,000,000 provided under the public ties detailed in the strategic plans of each Senate report under this account related to housing capital fund, as well as $5,000,000 in empowerment zone instead of $5,000,000 for the long-term capital needs for public hous- current on-going projects, will provide a each zone as proposed by the Senate. The ing. total of $25,000,000 for the Neighborhood Net- House did not propose funding for this pro- DRUG ELIMINATION GRANTS FOR LOW-INCOME works Initiative in fiscal year 2002. gram. The conferees believe that this pro- HOUSING The conferees are aware of the valuable ef- gram should be funded as a mandatory pro- The conferees do not provide funding for forts made by the Housing Research Founda- gram as originally contemplated. this account. The conferees have instead tion to collect and disseminate objective in- The conferees direct the HUD Inspector merged funding for these activities into the formation on the HOPE VI program. The General to review the use of empowerment public housing operating fund account, and conferees encourage HUD to continue this zone funds and report the findings to the increased operating funds to accommodate initiative. Committees on Appropriations no later than this merger. All activities permissible under NATIVE AMERICAN HOUSING BLOCK GRANTS April 1, 2002. the public housing drug elimination program (INCLUDING TRANSFERS OF FUNDS) (PHDEP) are authorized activities under the COMMUNITY DEVELOPMENT FUND operating and capital fund accounts. In addi- Appropriates $648,570,000 as proposed by the (INCLUDING TRANSFERS OF FUNDS) tion, the conferees are aware that some House and the Senate. Transfers no less than Appropriates $5,000,000,000 for various ac- PHAs currently have unspent PHDEP funds $3,000,000 to the Working Capital Fund for tivities funded in this account, instead of available. The conferees intend that PHAs be the development and maintenance of infor- $4,811,993,000 as proposed by the House and allowed to continue to spend their PHDEP mation technology systems as proposed by $5,012,993,000 as proposed by the Senate. The funds as PHAs transition their anti-crime the Senate instead of no less than $2,000,000 conferees agree to the following: and anti-drug programs into their annual op- as proposed by the House. —$4,341,000,000 for formula grants under the Includes language to establish a total loan erating budgets, and encourage PHAs to con- Community Development Block Grant pro- volume of not to exceed $52,726,000 for title tinue to support such programs. gram (CDBG), instead of $4,339,300,000 as pro- The conferees understand that PHDEP was VI loans as proposed by the House instead of posed by the House and the Senate; created in 1989, to provide supplemental $54,600,000 as proposed by the Senate. —$70,000,000 for grants to Indian tribes in- Includes modified language, similar to lan- funding to address the gaps in services and stead of $69,000,000 as proposed by the House guage proposed by the Senate, to allow the programs available to combat serious crime and $71,000,000 as proposed by the Senate; Secretary to provide assistance to Indian and drug problems which existed in some —$42,500,000 for section 107 grants, instead tribes and tribally-designated housing enti- areas of public housing, particularly severely of $34,434,000 as proposed by the House and ties to address the problem of black mold distressed public housing. At the time $45,500,000 as proposed by the Senate. Within consistent with the terms of NAHASDA. The PHDEP was created, Federal assistance to the amount provided for section 107 grants, Secretary is directed to work with FEMA, States and localities to address crime and the conference agreement provides the fol- the Indian Health Service, the Bureau of In- drug problems in local communities, includ- lowing earmarks: dian Affairs, and other appropriate Federal ing public housing, was limited. The con- $7,000,000 for insular areas; agencies in developing a plan to maximize ferees note that since that time, however, $10,500,000 for historically black colleges Federal resources to address emergency Federal funding to States and localities for and universities; housing and related problems associated police, crime, and drug prevention programs $3,000,000 for community development work with black mold. The House did not include has grown dramatically, particularly study; similar language. through the Department of Justice. Over the $7,500,000 for Hispanic serving institutions; last six years, over $9,000,000,000 in new Fed- INDIAN HOUSING LOAN GUARANTEE FUND $7,500,000 for the Community Outreach eral assistance has been provided through PROGRAM ACCOUNT Partnerships program; the Department of Justice, including funds (INCLUDING TRANSFER OF FUNDS) $3,000,000 for tribal colleges and univer- to deploy over 110,000 new police officers into Appropriates $5,987,000 for guaranteed sities; and local communities and funds to establish loans for Native American housing on trust $4,000,000 for Alaska Native serving institu- 1,000 new Boys and Girls Clubs exclusively in lands as proposed by the House and the Sen- tions and Native Hawaiian serving institu- public housing. ate. tions; November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7805 —$3,300,000 for the Housing Assistance $1,000,000 for Urban Strategies for the con- $2,250,000 for Fairbanks, Alaska to provide Council as proposed by the House instead of struction of affordable, mixed-income hous- winter recreation opportunities for military $3,000,000 as proposed by the Senate; ing for disabled individuals in the Central and civilian persons at the Fairbanks North —$2,600,000 for the National American In- West End area of the City of Saint Louis, Star Borough Birch Hill recreation area; dian Housing Council as proposed by the Missouri; $45,000 to the Hillsboro-Lawrence County, Senate instead of $2,794,000 as proposed by $750,000 for the City of St. Louis, Missouri, Alabama Boys and Girls Club; the House; for development of the Forest Park Master $50,000 to Guntersville, Alabama to extend —$5,000,000 for the National Housing Devel- Plan; sewer lines to the Marshall-Jackson Mental opment Corporation for continuation of its $1,000,000 for Beyond Housing, a St. Louis Health Center; program of acquisition, rehabilitation, and Missouri non-profit to preserve homes in the $50,000 to the City of Decatur, Alabama for preservation of at-risk affordable housing, Castle Point, Pagedale and NE University improvements to Delano Park; including $2,000,000 for operating expenses as City areas; $50,000 to the City of Hollywood, Alabama proposed by the House. The Senate did not $250,000 for the City of Wildwood, New Jer- for wastewater infrastructure improvements; propose funding for this program; sey, for revitalization of the Pacific Avenue $50,000 to the Housing Authority of the —$5,000,000 for the National Council of La Business District; City of Huntsville, Alabama for the continu- Raza HOPE Fund, of which $500,000 is for $1,000,000 to the City of Syracuse, New ation of a music education program; technical assistance and fund management York for the Neighborhood Initiative Pro- $50,000 to Walker County, Alabama for as- and $4,500,000 is for investments and financ- gram; sembly costs of the Walker County Center of ing as proposed by the House. The Senate did $5,000,000 to Home Headquarters in Syra- Technology; not propose funding for this program; cuse, New York for a Home Equity Assur- $80,000 to Leesburg, Alabama for sewer and —$9,600,000 for the Department of Hawaiian ance Pilot Program and other Neighborhood water infrastructure expansion to the city Homelands for assistance as authorized by Initiative projects; boat dock; title VIII of the Native American Housing $200,000 to the City of Canandaigua, New $85,000 to The Whole Backstage Marshall Assistance and Self-Determination Act of York, for Lagoon Park development; County Theater Group in Marshall County, 1996, with not more than five percent for ad- $200,000 to the City of Albany, New York, Alabama for renovation of facilities; ministrative costs, as proposed by the Sen- for the Corning Park Revitalization Project; $100,000 to the City of Selma, Alabama for ate. The House did not propose funding for $300,000 to the City of Philadelphia, Penn- the acquisition of the Lovelady Building on this program; sylvania to support the Neighborhood Trans- historic Water Avenue in Selma, Alabama; —$22,000,000 for grants to eligible grantees formation Initiative, which will demolish $100,000 to the Northwest Alabama Council under section 11 of the Self-Help Housing Op- many abandoned homes as well as revitalize of Local Governments for the development of portunity Program, instead of $21,956,000 as the areas; a master plan for the Florence-Lauderdale proposed by the House and $20,000,000 as pro- $200,000 to Universal Community Homes, County Port Authority; posed by the Senate; Philadelphia, Pennsylvania to continue the $100,000 to the Tuskegee Area Health Edu- —$29,000,000 for the Capacity Building for conversion of more than 500 parcels of land cation Center in Alabama for a rural HIV/ Community Development and Affordable into for-sale units to low-and moderate-in- AIDS program; Housing program, authorized by section 4 of come families; $115,000 to the Birmingham Building Trade the Department of Housing and Urban Devel- $250,000 for the City of Anderson, South Towers, Inc. for renovation the Birmingham opment Demonstration Act, as in effect be- Carolina for the Murray/Franklin Street Building Trades Tower in Alabama; fore June 12, 1997, instead of $29,387,000 as neighborhood revitalization project; $115,000 to the University of Montevallo, proposed by the House and $28,450,000 as pro- $10,000,000 for the State of South Dakota to Alabama for repair of historic structures; posed by the Senate. Of the amount pro- maintain the physical integrity of the $125,000 to Brilliant, Alabama for access vided, at least $5,000,000 shall be for capacity Homestake Mine in preparation for the po- road improvement and water line extension building activities in rural areas as proposed tential development of a major research fa- to industrial park; by the Senate instead of $4,989,000 as pro- cility on that site; $125,000 to Winfield, Alabama for site work posed by the House. Additionally, $4,000,000 is $400,000 for the City of Watertown, South preparation of land for industrial use; for Habitat for Humanity International, in- Dakota, for a community revitalization $150,000 to Family Connection, Inc. in Ala- stead of $4,442,000 as proposed by the House project; baster, Alabama to construct a facility to and $3,450,000 as proposed by the Senate; $300,000 for Campbell County, South Da- house a new diversionary program for first —$55,000,000 for supportive services, con- kota, for economic development activities; time juvenile offenders in Shelby County, gregate services and service coordinators for $1,000,000 for the City of Bellingham, Wash- Alabama; residents of public and Indian housing as ington, for the Holly Street landfill redevel- $150,000 for the City of Mobile, Alabama for proposed by the Senate, instead of $54,879,000 opment project; the building renovation for the Mobile Opera/ as proposed by the House; $1,000,000 for the City of Milwaukee, Wis- Symphony Collaboration; —$65,000,000 for Youthbuild instead of consin, for the Menominee River Valley re- $190,000 to Albertville, Alabama for a civic $69,868,000 as proposed by the House and development project; center; $70,000,000 as proposed by the Senate. This $500,000 for the City of Madison, Wisconsin $200,000 to Jasper, Alabama for rec- amount includes $2,000,000 for capacity build- to develop affordable low income housing; reational park construction; ing activities as proposed by the House and $6,000,000 to the Vandalia Heritage Founda- $200,000 to the Clark County Commission, the Senate, and $10,000,000 for underserved tion, Inc. for community and neighborhood Alabama for establishment of the Forestry and rural areas as proposed by the Senate; revitalization and economic diversification Museum; —$42,000,000 for the Neighborhood Initia- initiatives; $400,000 to the Shoals Economic Develop- tives program instead of $25,000,000 as pro- $1,000,000 for the City of Beckley, West Vir- ment Authority in Florence, Alabama for posed by the House and the Senate. Does not ginia, to revitalize a blighted area; the construction of a joint economic devel- include language proposed by the House re- $2,000,000 for the Boys and Girls Clubs of opment facility to be used by SEDA and the lated to unobligated prior year balances. The America for the operating and start-up costs Shoals Chamber of Commerce; Senate did not include a similar provision. of clubs located in or near, and primarily $240,000 for the Patient One Medical Trans- Targeted grants shall be provided as follows: serving residents of, public and Indian hous- port System of Alabama for wheelchair ac- $500,000 for the County of Tulare, Cali- ing. cessible vehicles, drivers, and program ex- fornia, for development of the Dinuba re- —$294,200,000 for economic development penses; gional vocational training facility; initiatives. Targeted grants shall be made as $250,000 to Oakwood College of Alabama for $250,000 for the City of Oceanside, Cali- follows: the establishment of a Wellness Center; fornia for the Crown Heights neighborhood $490,000 to the Kenai Peninsula Borough in $250,000 for Eufala, Alabama for downtown revitalization project; Alaska for construction of low-income hous- revitalization; $1,000,000 for the Colorado Mountain Hous- ing for senior citizens; $300,000 to BizTech located in Huntsville, ing Coalition; $990,000 for Catholic Community Services Alabama for the construction of a business $700,000 for the City of Miami, Florida, for its Adult Day Care facility in Juneau, development facility; Model Homeownership Zone Pilot Project; Alaska to provide day care for the elderly $300,000 to the City of Mobile, Alabama for $200,000 for McHenry County, Illinois, for persons; improvements to a recreational pier and fa- economic development along the Fox River; $1,250,000 for the United Way community cilities at McNally Park; $3,000,000 for the Louisville Community De- services facility in Anchorage, Alaska to $300,000 to the Covington County Commis- velopment Bank for continuation of the Lou- complete construction of a social service fa- sion in Alabama for the construction of the isville Neighborhood Initiative; cility to serve low-income people; second phase of the Covington County Farm $750,000 for the City of Brewer, Maine for $1,500,000 for Alaska Pacific University for Center; the redevelopment of its waterfront; the restoration of a historic property in An- $350,000 to the Housing Authority of the $750,000 for the City of St. Paul, Minnesota, chorage, Alaska; City of Andalusia to expand their existing for the Phalen Village Superblock project; $1,500,000 for the Municipality of Anchor- preschool programs and facility to accommo- $2,500,000 for the Grand Avenue Redevelop- age, Alaska for the expansion of the Alaska date more low-income, high risk children in ment Project in Kansas City, Missouri; Zoo; Andalusia, Alabama; H7806 CONGRESSIONAL RECORD — HOUSE November 6, 2001 $400,000 to the Alabama Historical Commis- $75,000 to the City of Long Beach, Cali- the Southeast Bakersfield, California Rede- sion for the renovation of the Historic Green fornia for construction of the Admiral Kidd velopment Project; County Courthouse in Green County, Ala- Park Community Center; $250,000 for Covenant House California, for bama; $90,000 to the City of Temecula, California purchase and renovation of a new facility for $500,000 to the American Village for the for the Vail Ranch Middle School Basketball the East Bay Street Outreach and Commu- construction of Federal Hall and the Liberty Lighting Project; nity Service Center; Square Expansion in Montevallo, Alabama; $100,000 to the Ed Roberts Campus in $250,000 for the Center Theatre Group, of $500,000 to the City of Hamilton, Alabama Berkeley, California for planning and devel- Los Angeles, California, for the Culver City for the construction of a call center facility; opment of their disability campus; Theater project; $500,000 to the City of Winfield, Alabama $100,000 to Marin City, California for Marin $250,000 for the Martin Luther King, Jr. for the construction of a call center facility; City Cultural and Community Center facil- Freedom Center of Oakland, California, for $500,000 to the Cleveland Avenue YMCA so ity needs; facility construction; that they may expand their existing pro- $100,000 to the American Film Institute for $250,000 to Pacific Union College in grams to serve more young people in Mont- the establishment of a Screen Education Angwin, California for the Napa Valley Com- gomery, Alabama; Center for public school teacher training; munity Resource Center; $500,000 to the Lakeshore Foundation in $100,000 to the City of Los Angeles, Cali- $290,000 to the City of Citrus Heights, Cali- Birmingham, Alabama to expand their exist- fornia for construction needs of the Boyle fornia for the Sunrise MarketPlace Revital- ing facilities to serve a larger population of Heights Youth Technology and Recreation ization Project; $290,000 to the City of Stockton, California Alabamians with physical disabilities; Center; for the historic restoration of the Fox The- $500,000 to the National Children’s Advo- $100,000 to the City of Los Angeles, Cali- atre; cacy Center in Huntsville, Alabama for the fornia for the Red Car Trolley study; $290,000 to the Fund for the Preservation of establishment of a research and training fa- $75,000 to the Fort Ord Re-use Authority in the California State Mining and Mineral Mu- cility; Marina, California for economic development seum; $500,000 to the USS Alabama Battleship re-use activities at the former Fort Ord; $300,000 for Community Medical Centers of Commission for a restoration initiative; $100,000 to the Heritage Camp Foundation Fresno, California, for renovations to the $1,000,000 to Spring Hill College in Mobile, in California for its Feria de California pro- Fresno Community Regional Medical Center; Alabama for construction of the Regional Li- gram; $300,000 to the City and County of San brary Resource Center; $100,000 to the Housing Trust of Santa Francisco, California for its Masterlease $300,000 for Studio for the Arts of Poca- Clara County, California for affordable hous- Hotel program for the homeless; hontas, Arkansas, for a new facility; ing efforts in Silicon Valley; $300,000 to the City of East Palo Alto, Cali- $1,000,000 or the City of DeQueen, Arkansas $100,000 to the Leimert Park Merchants As- fornia for the redevelopment of the for the development of a cultural awareness sociation in Los Angeles, California for con- Ravenswood Industrial Area; center; tinued revitalization efforts in the Leimert $300,000 to the City of Salinas, California $50,000 to the Tohono O’odham Tribe in Ar- Park Village; for construction of a municipal pool; izona for development of a veterans memo- $125,000 to the City of Los Angeles, Cali- $275,000 to the City of Santa Monica, Cali- rial monument and park; fornia for construction of the Ernest E. Debs fornia for gateway needs at the Santa $300,000 Boys and Girls Club of the East Nature Center; Monica Mountains National Recreation Valley, Temple Arizona for its Guadalupe $150,000 to the City of Modesto, California Area; Branch; for infrastructure needs in distressed neigh- $300,000 to the Sacramento California $740,000 to Arizona State University for the borhoods; Housing and Redevelopment Agency for the establishment of the Center for Basic Re- $150,000 to the City of Vallejo, California Sacramento Asian Sports Foundation, to search and Applied Research within the for development of a fire suppression system construct a community center; Barry M. Goldwater Center for Science and of Mare Island; $490,000 to El Centro Regional Medical Cen- Engineering; $150,000 to the Davis Street Community ter in Imperial County, California for con- $1,000,000 to the City of Tucson, Arizona for Center in Central Alameda, California for fa- struction of a heliport; the Fox Tucson Theatre and Archive Project cilities needs; $490,000 to HomeAid to assist efforts to to restore and renovate a historic theater; $175,000 to the Fine Arts Museum of San build and renovate homeless shelters; $30,000 to the City of Temecula, California Francisco, California for construction needs $490,000 to the City of Bakersfield, Cali- for the Job Skills and Commuter Census; of the M.H. de Young Memorial Museum; fornia for the Baker Street Corridor project; $30,000 to the Cuban Resource Center in $190,000 to the City of Simi Valley, Cali- $490,000 to the City of Monrovia, California Los Angeles, California for community cen- fornia for the expansion of the Simi Valley for the Old Town Monrovia Revitalization ter improvements; Senior Citizens Center; Project; $50,000 to Easter Seals Tri-Counties in Cali- $190,000 to the City of Westminster, Cali- $490,000 to the City of Redding, California fornia for the Easter Seals Child Develop- fornia for construction of a multi-cultural for the Stillwater Industrial Park; ment Center; Community Center; $490,000 to the Sweetwater Authority in $50,000 to Environment Now in Santa $198,000 to the City of Riverside, California California for the Sweetwater and Loveland Monica, California for continued develop- and the California Department of Parks and Reservoirs Recreation Project; ment of the Ballona Creek Trail and Bike- Recreation for the Citrus Park project; $500,000 to the San Dieguito Transportation way; $200,000 to the City of Eureka, California Cooperative of California to centralize $50,000 to the City of Anaheim, California for Fisherman Dock Area Harbor capital im- school bus transportation operations and in- for the Senior Citizen Wing Expansion of the provement needs; crease service capacity; Brookhurst Community Center; $200,000 to the City of Highland, California $740,000 to the City of Lancaster, California $50,000 to the City of La Puente, California for the city history museum; to complete the Lancaster National Soccer for an addition to the La Puente Youth $200,000 to the City of Inglewood, California Center; Learning Center; for design and construction needs related to $750,000 for the City of East Palo Alto, Cali- $50,000 to the City of Placerville, California a new seniors center; fornia to redevelop the Ravenswood indus- for the rehabilitation and development of the $200,000 to the City of Needles, California trial area; Gold Bug Park, the Meagher House; for blight abatement; $750,000 for the West Angeles Community $50,000 to the City of Rancho Cucamonga, $200,000 to the City of Twentynine Palms, Development Corporation of Los Angeles, California for construction of a senior cen- California for the Twentynine Palms Visitor California, for development of the West An- ter; Center; geles Plaza; $50,000 to the County of San Bernardino, $200,000 to the County of San Bernardino, $190,000 to the City of Oceanside, California California for the youth baseball/softball California for construction of the Hall of Pa- for revitalization of the Crown Heights field complex at Spring Valley Lake in leontology at the San Bernardino County Neighborhood; Victorville; Museum; $800,000 for the Town of Mountain Village, $50,000 to the County of San Bernardino, $200,000 to the County of San Bernardino, Colorado for an affordable housing initiative; California for the Barstow Wading Pool; California for the Big Bear Zoo relocation $1,500,000 for the City of Denver, Colorado $50,000 to the Mothers of East LA Santa and expansion; for revitalization; Isabel in Los Angeles, California for im- $200,000 to the Town of Apple Valley, Cali- $50,000 to the City of Hartford, Connecticut provements to a community garden; fornia for Phase One of Civic Center Park; for redevelopment of the North Star Plaza $50,000 to the West Haven Community Cen- $200,000 to the Town of Yucca Valley, Cali- area in the North End community of Hart- ter in Garden Grove, California for construc- fornia for the Southside Community Park; ford; tion costs; $240,000 to the City of Diamond Bar, Cali- $75,000 to the University of Hartford, in $75,000 to the Angelus Plaza Senior Hous- fornia for construction of a senior center; Hartford, Connecticut for the Hartt School ing Complex in Los Angeles, California for $240,000 to the Kern County Superintendent Performing Arts Center; the acquisition of multi-language trans- of Schools Office for the Mobility Opportuni- $100,000 to the Town of Derby, Connecticut lation equipment; ties via Education project as a component of for restoration of the Sterling Opera House;

VerDate 06-NOV-2001 03:40 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.074 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7807 $300,000 for Connecticut Hospice, Inc., of $500,000 to Pinellas Park, Florida for com- $500,000 for the City of Cedar Rapids, Iowa, Branford, Connecticut, for construction of a munity hurricane evacuation infrastructure for brownfields revitalization; new facility; improvements; $500,000 for the City of Council Bluffs, $800,000 for the Southside Institutions $500,000 to the City of Safety Harbor, Flor- Iowa, for the Katelman neighborhood rede- Neighborhood Alliance of Hartford, Con- ida to repair and replace brick streets and velopment project; necticut, for neighborhood revitalization in underground utilities; $500,000 for the City of Davenport, Iowa, for Hartford; $500,000 to the Miami-Dade County Housing the East Davenport Development Corpora- $390,000 to Norwich Community Develop- Finance Authority of Florida for the provi- tion mixed-income housing development; ment Corporation in Norwich, Connecticut sion of housing within the Liberty City/ $500,000 for the City of Des Moines, Iowa, for rehabilitation of the historic Capehart Model City neighborhoods for public housing for brownfields redevelopment; Mill; residents of those neighborhoods displaced $500,000 for the Iowa Department of Eco- $375,000 to the Domestic Violence Services by changes in public housing; nomic Development for the Main Street Pro- of Greater New Haven, Connecticut for a do- $740,000 to Edison Community College in gram; mestic violence transitional housing project; Fort Myers, Florida for the renovation of the $500,000 to Homeward, Inc. in North Central $490,000 to the Warner Theater in Barbara B. Mann Performing Arts Hall; Iowa to assist local employers with housing Torrington, Connecticut for facility renova- $1,000,000 to Miami-Dade County, Florida programs and help low- to moderate-income tions; for the provision of housing within the Lib- families purchase or remodel existing homes; $50,000 for the Delaware Valley Historical erty City/Model City neighborhoods for pub- $1,000,000 for Dubuque, Iowa for the devel- Aircraft Association, Delaware County to lic housing residents of those neighborhoods opment of an American River Museum; complete their building project which will displaced by changes in public housing; $290,000 to the City of Jerome, Idaho for house historic military aircraft presently on $2,000,000 to St. Petersburg, Florida for the the renovation of facilities for a mixed-use outdoor display in Willow Grove, Pennsyl- Sunken Gardens improvement project; community education, health, and tech- vania; $100,000 to Clarkston Community Center, nology center; $50,000 to Delaware Valley Community Inc. in DeKalb County, Georgia for renova- $500,000 for the Lewis and Clark State Col- Health, Inc. for facilities needs at the Maria tions; de los Santos Health Center in Philadelphia, $100,000 to DeKalb County, Georgia for de- lege for the Idaho Virtual Incubator; Pennsylvania; velopment of a multipurpose civic and com- $500,000 for the University of Idaho for a $300,000 for the Boys and Girls Club of Dela- munity center; technology incubator at Post Falls, Idaho; ware for facility construction and renova- $100,000 to Spelman College in Atlanta, $1,000,000 for the Clearwater Economic De- tion; Georgia for historic preservation of Packard velopment Association for the implementa- $750,000 for the YMCA of Delaware for ren- Hall; tion of the Lewis and Clark Bicentennial ovations to the Central Branch YMCA; $150,000 to the Historic Savannah Founda- plan; $25,000 to the Orlando Community Redevel- tion of Georgia to revitalize housing in the $1,000,000 for the University of Idaho for a opment Agency in Orlando, Florida for rede- historic Savannah neighborhoods; performance and education facility; velopment of Otey Place; $200,000 to College Partners, Inc in Atlanta, $50,000 to Family Focus in Evansville, Illi- $50,000 to the Tampa Bay Performing Arts Georgia for community development and re- nois for facilities needs; Center in Tampa, Florida for expansion pur- vitalization initiative; $75,000 to Columbia College in Chicago, Illi- poses; $240,000 to the ARCH Educational Network nois for an integrated student services and $50,000 to the Tampa Bay, Florida Port Au- in Georgia for construction of an education activities center; thority for the channelside economic devel- center; $90,000 to the Taylorville Community opment project; $240,000 to the City of Macon, Georgia for School District in Taylorville, Illinois for $100,000 to the Alachua County Board of redevelopment of a Brownfields site; construction of a Fine Arts Educational Cen- Commissioners in Alachua County, Florida $300,000 for Covenant House Georgia, to ter; for land conservation efforts related to the purchase and renovate a new community $100,000 to Knox College in Illinois for ren- Emerald Necklace initiative; service center in Atlanta, Georgia; ovations of Alumni Hall for the Abraham $100,000 to the City of Gainesville, Florida $350,000 for Rockdale County, Georgia, for Lincoln Studies Center; for the Depot Avenue economic development construction of Georgia’s Veterans Park; $100,000 to the City of Calumet Park, Illi- project; $400,000 for the Tubman African American nois for recreation center facility needs; $200,000 to St. Petersburg Beach, Florida Museum in Macon, Georgia for construction $100,000 to the City of Chicago, Illinois for for the Don Vista Community Center; of the Tubman African American Museum; the Lake Calumet Area Land Acquisition Re- $200,000 to the Alachua County Board of $490,000 to Gwinnett County, Georgia for development project; Commissioners in Alachua County, Florida the Liberty Heights Neighborhood Revital- $100,000 to the City of Elgin, Illinois for ex- for a program to stabilize and revitalize dis- ization Project; pansion of the Elgin Child Daycare Center; tressed neighborhoods, including the City of $490,000 to the Warner Robins Century of $100,000 to the Haymarket Center in Chi- Archer; Flight Museum in Georgia for facilities ex- cago, Illinois for the purchase and renova- $240,000 to the Brevard Community College pansion; tion of a facility; in Florida for renovations and infrastructure $500,000 to the Liberty County, Georgia De- $100,000 to the Illinois Quad Cities Mis- improvements to the Cocoa Village Play- velopment Authority for the Coastal sissippi Riverfront Redevelopment partner- house; MegaPark for continued planning and engi- ship for redevelopment efforts; $240,000 to the City of Daytona Beach, Flor- neering studies and infrastructure develop- $100,000 to the Westie Holistic in Chicago, ida for the Daytona Beach Boardwalk Revi- ment; Illinois for expansion of the Youth and Serv- talization; $750,000 for development of the Dr. Martin ices Division; $240,000 to the City of Maitland, Florida for Luther King, Sr., Community Service Center $100,000 to the United Services of Chicago, a senior citizens center; in Atlanta, Georgia; Inc. in Illinois for a job training project in $240,000 to the Florida Association of Coun- $200,000 for the County of Maui, Hawaii for the Chicago metropolitan area; ties for continuation of a national pilot restoration of the Iao Theater in Wailuku $140,000 to the Morrisonville Emergency project for assisting rural communities to Town; Services Facility in Morrison, Illinois for develop and sustain professional economic $300,000 for the County of Kauai, Hawaii, construction of facilities; development initiatives; for the Heritage Trails project; $150,000 for American Lung Association of $450,000 to Bethune Cookman College in $500,000 for the YMCA of Honolulu, Hawaii, Illinois for technology upgrades for the To- Daytona Beach, Florida for costs related to a for reconstruction and expansion of the bacco Quitline and veterans outreach pro- community services and student union build- Kalihi YMCA facility; grams; ing; $500,000 for the YMCA of Kauai, Hawaii, for $150,000 for Asian Human Services of Chi- $340,000 to the City of South Miami, Flor- construction of a multipurpose community cago, Illinois, to expand its community em- ida for urban infrastructure upgrades and center; powerment programs; street enhancements; $750,000 for the Boys and Girls Club of Ha- $150,000 for Catholic Urban Programs of $350,000 for Covenant House, Florida, Inc., waii to establish three new Boys and Girls East St Louis, Illinois to expand its emer- for transitional housing; Clubs of Hawaii in the Hawaiian homestead gency housing facility; $490,000 to Sebring Airport Authority of areas of Papakolea, Nanakuli and $150,000 for the Shelby County Community Florida for development of a light industrial Paukukalo; Services Agency, of Shelbyville, Illinois, for commercial business park; $800,000 for the Filipino Community Cen- construction of a child care center; $490,000 to the City of Clearwater, Florida ter, Inc. of Honolulu, Hawaii to develop a $150,000 for the World War II Illinois Vet- for the ‘‘Beach by Design Initiative’’; new community center; erans Memorial of Springfield, Illinois, for $490,000 to the City of Deerfield Beach, $490,000 to the City of Des Moines, Iowa for construction; Florida for the construction of the Mitiga- the redevelopment of the Des Moines Ad- $150,000 to Southern Illinois University in tion Operation Center; vance Technology Agribusiness Park; Carbondale, Illinois for infrastructure needs $500,000 to Pinellas County, Florida for the $500,000 for City of Waterloo, Iowa, for related to the development of a University Gulf Boulevard project; brownfields redevelopment; Research Park;

VerDate 06-NOV-2001 03:40 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.076 pfrm02 PsN: H06PT1 H7808 CONGRESSIONAL RECORD — HOUSE November 6, 2001 $175,000 for the Quincy, Illinois, Housing $240,000 to the City of Manhattan, Kansas $290,000 to DeSoto Parish, Louisiana for Authority to expand its community center for the apron expansion at the Manhattan transportation infrastructure improvements facilities; Regional Airport; associated with the West DeSoto Industrial $200,000 to the City of Berwyn, Illinois for $490,000 to the City of Hutchinson, Kansas Park and Riverfront Park; expansion and renovations of public safety to properly seal all abandoned brine well $300,000 for the City of Shreveport, Lou- and fire facilities; sites; isiana, for develop supporting infrastructure $225,000 for the Peace/Education Coalition $750,000 to Power Community Development for its Convention Center and Downtown Re- of Chicago, Illinois for expansion of a com- Corporation for development of a grocery su- development project; munity youth center and related programs; permarket in Wichita, Kansas; $400,000 for the City of Vidalia, Louisiana $240,000 to Cornerstone Services, Inc. in $1,000,000 to the City of Hutchinson, Kansas for construction of the Gateway Center at Will County, Illinois for the reconstruction for revitalization; the Vidalia riverfront; of a warehouse into a developmental training $70,000 to Allen County, Kentucky for up- $490,000 to the City of Port Allen, Lou- isiana for economic development and down- center for adults with disabilities; grades to the Emergency 911 System; town revitalization; $240,000 to Joliet Junior College of Illinois $190,000 to Simpson County, Kentucky for $500,000 for the Audubon Nature Institute, for the Bridging Community, Economic and repairs and renovation of the Emergency Op- erations Center; Inc., of New Orleans, Louisiana, for develop- Workforce Development Through Local ment of the Living Science Museum; Partnerships Project; $200,000 to the Southern Star Development Corporation for construction of a multipur- $1,000,000 for the Louisiana Department of $300,000 for Casa Central of Chicago, Illi- Culture, Recreation, and Tourism for devel- pose community facility; nois, for expansion of a community tech- opment activities related to the Louisiana $228,000 to the First Gethsemane Center in nology center facility and services; Purchase Bicentennial Celebration; Louisville, Kentucky for renovation of facili- $300,000 to Sugar Grove, Illinois for drink- $50,000 to the Cambridge, Massachusetts ties; ing water infrastructure improvements; Redevelopment Authority for implementa- $250,000 to the Western Kentucky Growers $350,000 for Career Transitions Center of tion of a public space redevelopment initia- Association for capital improvements and Chicago, Illinois, for property acquisition tive; equipment; and rehabilitation to develop a social serv- $100,000 to Salem State College in Salem, ices outreach facility; $275,000 to Brooklawn Youth Services for Massachusetts for construction of an arts $470,000 to Will County, Illinois for renova- construction of a multipurpose activities center; tion, expansion and facility improvement for building and gymnasium; $100,000 to the Caritas Good Samaritan the County Courthouse; $347,000 to the Canaan Community Devel- Medical Center in Brockton, Massachusetts $490,000 to the City of Des Plaines, Illinois opment Corporation for the Canaan Chris- for construction of a cancer center; for conversion of an existing building into a tian Academy child development center; $100,000 to the City of Lawrence, Massachu- multi-use community resource center; $400,000 to the Shiloh Community Renewal setts for parking facility needs in the Lower $500,000 for Christopher House of Chicago, Center in Kentucky for facilities reconstruc- Gateway area of Lawrence; Illinois, for construction of a family resource tion and rehabilitation; $100,000 to the City of Worchester, Massa- center; $475,000 to the City of Lynch, Kentucky for chusetts for the Gardner-Kirby-Hammond $500,000 for the City of Moline, Illinois, for construction and restoration of facilities as- Street neighborhood revitalization project; riverfront redevelopment efforts in Moline, sociated with the Kentucky Coal Mine Mu- $100,000 to the Computer Access for Em- East Moline, and Rock Island; seum; powerment Program in North Worchester $500,000 to Eureka College in Eureka, Illi- $500,000 to the New Zion Community Foun- County, Massachusetts for a program to nois for construction of a new science and dation Development for construction of a bring computer access to needy areas; community-based consumer center; technology center; $150,000 for Fall River, Massachusetts, for $525,000 to the London-Laurel County Tour- $1,300,000 to Rush-Presbyterian St. Luke’s the Iwo Jima project; ist Commission for design and land acquisi- Medical Center in Chicago, Illinois for the $150,000 for the Charlestown, Massachu- tion for a Civil War historical/interpretive Center on Research and Aging; setts, Boys and Girls Club for facility ren- theme park in Laurel County, Kentucky; $50,000 to the City of Indianapolis, Indiana ovations; $4,500,000 for the University of Louisville for revitalization efforts focused on the his- $175,000 to North Adams, Massachusetts for for the expansion of its main library; toric Massachusetts Avenue Corridor; facilities needs related to the Windsor Mills $50,000 to the Acadia Economic Develop- $50,000 to the War Memorials Commission Incubator Project; ment Corporation for establishment of a in Indianapolis, Indiana for continued res- $250,000 to the Mystic Valley Development business incubator in Crowley, Louisiana; toration of the Indiana World War Memorial Commission for a regional technology devel- $90,000 to the City of New Iberia, Louisiana opment project known as TeleCom City; Plaza; for downtown revitalization; $325,000 to Nueva Esperanza in Holyoke, $100,000 to the City of South Bend, Indiana $100,000 to Iberia Parish, Louisiana for the Massachusetts for the Main Street Mercado for demolition and revitalization in the Stu- New Iberia conference center; project and the New Hope Fish Farm project; debaker Auto/Oliver Plow Works industrial $100,000 to the Town of Golden Meadow, $275,000 to the Baystate Medical Center, corridor; Louisiana for recreational and job training Inc. in Springfield, Massachusetts for the $140,000 for Tri-State University located in uses; Pioneer Valley Life Sciences Initiative; Angola, Indiana for the development of the $100,000 to the Town of Grand Isle, Lou- $300,000 to the YMCA of Greater Spring- Tri-State University Center for Educational isiana for the Grand Isle Civic/Conference field, Massachusetts for rehabilitation of Excellence; Center; Camp Norwood; $190,000 to the University of Saint Francis $150,000 to St. John the Baptist Parish, $350,000 for Fitchburg State College, of in Fort Wayne, Indiana for construction and Louisiana for the planning, design and con- Fitchburg Massachusetts, for the develop- outfitting of the proposed Professional De- struction of a civic center/farmers market; ment of a new technology center; velopment Center; $200,000 for Booker T. Community Out- $400,000 for the City of Lawrence, Massa- $290,000 to Ball State University of Muncie, reach, Inc., of Monroe, Louisiana, for an el- chusetts, for economic development activi- Indiana for facilities expansion and renova- derly living center; ties; tion of the Midwest Entrepreneurial Edu- $200,000 for Kingsley House, Inc., of New $70,000 for St. Ambrose Housing Aid Center cation Center; Orleans, Louisiana, for facility and service of Baltimore, Maryland, for development of a $300,000 for the City of Jeffersonville, Indi- expansion; new youth center by the Stadium School ana, for redevelopment of the Quartermaster $200,000 to the New Orleans Regional Plan- Youth Dreamers; Depot; ning Commission for bike paths and rec- $100,000 to the Fayette Street Outreach $490,000 to the James Whitcomb Riley Hos- reational infrastructure improvements in Center in Baltimore, Maryland for develop- pital for Children in Indiana to expand and the St. Charles, St. Bernard, and ment of a building into offices and a commu- enhance services at the autism clinic; Plaquemines Parishes of Louisiana; nity center; $500,000 for the Historic Preservation Asso- $250,000 for Dillard University of New Orle- $150,000 for the Rural Development Center, ciation of Jasper County, Indiana for the res- ans, Louisiana, the International Center for University of Maryland Eastern Shore, for toration of Drexel Hall; Economic Freedom project; economic development efforts of Delmarva $500,000 to the City of Merrillville, Indiana $250,000 for the City of Donaldsonville, Low Impact Tourism Experiences; for drinking water and wastewater infra- Louisiana, for riverfront development; $240,000 to the Bethesda Academy of Per- structure improvements; $250,000 to the City of Mandeville, Lou- forming Arts in Maryland for continued con- $650,000 to the City of Hobart, Indiana for isiana for the Mandeville Trailhead Project; struction of the ‘‘Imagination Stage Center sewage treatment facility needs; $250,000 to the Port of South Louisiana for for the Arts’’; $740,000 to Purdue University in Indiana for expansion of the Globalplex Intermodal Ter- $240,000 to the Town of Garrett Park, the Ultra-Performance Nanotechnology Cen- minal Facility; Maryland for renovation of the town center, ter in West Lafayette, Indiana; $275,000 for the Mirabeau Family Learning Penn Place; $1,000,000 for the City of Carmel for its In- Center, Inc., of New Orleans, Louisiana, for $290,000 for the Enterprise Foundation for diana parks development; expansion of facilities and services; stabilization and redevelopment efforts in

VerDate 06-NOV-2001 03:40 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.078 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7809 the Forrest Park and Lauraville neighbor- $750,000 for Focus: HOPE of Detroit, Michi- $500,000 for University of Missouri at St. hoods of Baltimore, Maryland; gan, for facility renovation; Louis, Missouri for a mobile vision screening $300,000 for the Living Classrooms Founda- $750,000 to the National Center for Manu- program; tion of Baltimore, Maryland, for expansion facturing Sciences in Ann Arbor, Michigan $1,000,000 for the City of Kansas City Mis- of the Workforce Development Center; for infrastructure costs related to the devel- souri for the City Market renovation project; $300,000 for the Ruth Enlow Library Sys- opment and deployment of advanced tech- $1,000,000 for the Community Development tem of Garrett County, Maryland, for con- nologies to the manufacturing base; Corporation of Kansas City, Missouri, for struction of the new Grantsville Branch li- $100,000 to Bemidji State University in continued revitalization of the northwest brary; Minnesota for construction of the American corner of 63rd and Prospect Avenue; $300,000 to the Spring Dell Center in La Indian Cultural Resource Center; $1,000,000 for the University of Missouri- Plata, Maryland for construction of a new fa- $100,000 to the Boys and Girls Club of De- Kansas City for continued development of cility; troit Lakes, Minnesota for facility needs; it’s collaborative Life Sciences Initiative; $240,000 to the National Audubon Society $375,000 to the Bowie Regional Arts Vision $1,250,000 to the City of St. Louis, Missouri for the Audubon Ark Project in Dubuque, Association in Bowie, Maryland for construc- for construction of a multi-purpose commu- Iowa; tion of a new concert hall; nity center; $400,000 for the Women’s Industrial Ex- $300,000 to the Audubon Center of the North Woods in Minnesota for a capital $1,990,000 to Springfield, Missouri for land change of Baltimore, Maryland, for redevel- acquisition within the Jordan Valley rede- opment of Charles Street property; project to increase accessibility; $340,000 to Fairview Southdale Hospital in velopment area; $500,000 for the Kennedy Kreiger Institute Edina, Minnesota for the Fairview Health $250,000 for Missouri Western State College of Baltimore, Maryland, for development of a Services’ ‘‘Healthy Mothers and Babies Tech- in St. Joseph, Missouri for planning and ren- new community behavioral health center; nology Demonstration’’ initiative; ovation of the Agenstein Science and Math $500,000 for the Montgomery County De- $600,000 for the Mesabi Academy and Mar- Building; partment of Housing and Community Af- tin Hughes School of Buhl, Minnesota, for fa- $50,000 to the City of Jackson, Mississippi fairs, Maryland, for streetscaping and revi- cility renovation and program expansion; for the linking of cultural and entertainment talization efforts in Wheaton; $600,000 to the Reuben Lindh Family Serv- districts through the extension of Oakley $500,000 for the Montgomery County De- ices in Minneapolis, Minnesota for facilities Street; partment of Housing and Community Af- rehabilitation; $150,000 to Mississippi State University in fairs, Maryland, for the Stewartown Homes $175,000 for the American Indian Opportu- consultation with the Mississippi Mainstreet digital divide initiative; nities Industrial Center in Minneapolis, Min- Association to promote small town revital- $500,000 for the National Federation of the nesota for rehabilitation of facilities; ization by utilizing the resources of the Blind for the development of the National $50,000 for Applied Urban Research Insti- Small Town Center; Research and Training Institute for the tute of Kansas City Missouri for a study to $200,000 to Community Connections in Mis- Blind in Baltimore, Maryland; develop a city-wide plan to assist troubled sissippi for a pilot low income housing $500,000 for the New Shiloh Community De- youth; project in Southern Mississippi; velopment Corporation of Baltimore, Mary- $75,000 to the Kansas City, Missouri for re- $200,000 to Leake County, Mississippi for land, for construction of a multi-purpose development of the former U.S. Courthouse; site preparation and infrastructure improve- center; $240,000 to Logan College of Chiropractic’s ments for an industrial park; $500,000 for Way Station, Inc., of Frederick, in Chesterfield, Missouri for the continued $200,000 to the City of Carthage, Mississippi Maryland, for development of the Way Sta- development and construction of a Learning to renovate the historic elementary school tion Community Mental Health and National Resource Center; auditorium; Education Center; $250,000 for the City of St. Joseph, Missouri $200,000 to the Oktibbeha County Economic $750,000 for the Fells Point Creative Alli- for downtown redevelopment project; Development Authority in Mississippi for ance of Baltimore, Maryland, for develop- $250,000 for the Cuba, Missouri Tourism the establishment of an industrial park; ment of the Patterson Center for the Arts; Center for the historic district improvement $250,000 to Jackson State University in $50,000 to the City of Westbrook, Maine for project; Jackson, Mississippi for renovations to the downtown revitalization efforts including $250,000 for the Sparta, Missouri Commu- Center for the Study of the 20th Century Af- the construction of a parking garage; nity Development Organization for the de- rican American; $50,000 to the International Northeast Bio- velopment of an industrial park; $300,000 for the Chickasaw Trails Industrial technology Corridor in Fairfield, Maine for $250,000 for the Andrew County Museum Authority in Mississippi for preliminary economic development efforts directed at and Historical Society in Missouri for expan- planning and engineering for an industrial biotechnology companies; sion of their museum; park; $100,000 to the Franco-American Heritage $250,000 for Squaw Creek National Wildlife $300,000 for the Stoneville Research and Center at St. Mary’s in Lewiston, Maine for Refuge in Missouri for construction of an Education Complex in Stoneville, Mississippi the redevelopment of the St. Mary’s Church Education Auditorium, boardwalk and out- for renovation and expansion; into a learning center, museum and per- door classroom; $450,000 for Jackson State University in forming arts space; $250,000 for the Missouri Forest Heritage $1,000,000 for the City of Lewiston, Maine Center in Shannon Co., Missouri for the con- Jackson, Mississippi, for the renovation of for the funding of a community and eco- struction of a forest resource management the Margaret J. Walker Alexander Research nomic development center; center; Center; $1,000,000 for the Wiscassett Regional De- $300,000 for the Central Missouri Lake of $500,000 for Harrisburg Arts and Social velopment Corporation for the Maine the Ozarks Convention and Visitor Bureau Services Center in Tupelo, Mississippi for Yankee Power Plane Reuse Initiative; community center; renovation of facilities and program needs; $140,000 to the Livingston Arts Council for $300,000 for the City of Fayette, Missouri $500,000 for Mississippi State University for renovations of the Downtown Howell Opera Downtown revitalization project; a state capacity development initiative; House in Howell, Michigan; $300,000 for the Perry County, Missouri In- $500,000 for the City of Madison, Mississippi $140,000 to the Village of Holly, Michigan dustrial Development Authority to renovate for main street reconstruction; for the Railroad Depot Renovation Project; building to serve as a Center for Industry $1,000,000 for Jackson County, Mississippi $150,000 to the Detroit Medical Center in and Education; for the construction of a county community Detroit, Michigan for site readiness efforts $340,000 to the Central Missouri Food Bank center; related to the Sinai Redevelopment Project; in Columbia, Missouri for construction of fa- $1,000,000 for Mississippi State University $250,000 to the Chippewa-Luce-Mackinac cilities; for the Mississippi Center for Advanced Ve- Community Action Human Resources Au- $450,000 for the Rolla, Missouri Chamber of hicular Systems and Engineering Extension thority in Michigan for a downtown commu- Commerce for downtown revitalization Facility; nity revitalization project; project; $2,000,000 for the University of Southern $250,000 to the Henry Ford Museum and $500,000 for Downtown West Plains Inc., for Mississippi for its National Center for Excel- Greenfield Village in Dearborn, Michigan for City square renovation and downtown revi- lence in Economic Development, Education, the ‘‘America’s Transportation Stories’’ talization project of West Plains Missouri; Research and Community Service; project; $500,000 for North Central Regional Water $240,000 to the University of Montana Mis- $750,000 for Wayne County, Michigan, for Commission in Unionville, Missouri for plan- soula for the research and economic develop- the Wayne County Nutritional Seniors ning and design of water supply reservoir ment enterprise; Kitchen; project; $1,000,000 for Great Falls, Montana for the $350,000 to NorthStar Varsity Park Rede- $500,000 to the University of Missouri-Rolla Missouri Riverfront Park Enhancement velopment in Detroit, Michigan for a tar- for research of affordable housing composite project; geted housing production program; materials; $1,000,000 for MSU-Billings for the develop- $600,000 to the City of Mt. Clemens, Michi- $500,000 for Operation Breakthrough in ment of the Billings Technology Training gan for development and operations of a Kansas City, Missouri for facility expansion and Technology program as a business incu- community recreation center; and redevelopment; bator; H7810 CONGRESSIONAL RECORD — HOUSE November 6, 2001 $1,000,000 for TechRanch of Bozeman, Mon- leverage economic development opportuni- $200,000 to the Morris County, New Jersey tana, for development of a technology incu- ties in North Dakota; Office of Emergency Management for emer- bator for the Gallatin area and Eastern Mon- $240,000 to the University of Nebraska at gency service needs; tana; Omaha for the Peter Kiewit Institute and $200,000 to the Somerset County, New Jer- $20,000 to the County of Richmond, North the College of Information Science and Tech- sey Office of Emergency Management for Carolina for the demolition of the Imperial nology to conduct research in the area of emergency service needs; Foods Plant; computer security; $200,000 to the Sussex County, New Jersey $50,000 to Cumberland County, North Caro- $240,000 to Walthill, Nebraska for the Office of Emergency Management for emer- lina for development of the Fayetteville- Walthill Public Schools for construction and gency service needs; Cumberland County Dr. Martin Luther King, equipping of two science laboratory class- $200,000 to the Urban League of Hudson Jr. Memorial Park; rooms and facilities; County, New Jersey for construction related $50,000 to the North Carolina Cultural Cen- $300,000 for the Northeast Family Center of to a workforce development center; ter in Robeson County, North Carolina for Lincoln, Nebraska, for facility renovations; $240,000 to Mercer County, New Jersey for construction of the center; $490,000 to Doane College in Crete, Ne- the KidsBridge Children’s Cultural Center; $50,000 to the North Carolina Department braska for the rehabilitation of the historic $240,000 to the City of North Wildwood, of Agriculture for the development of a Cen- Whitcomb Conservator; tralized Agricultural Cold/Freezer Storage $500,000 for the Girls and Boys Town USA New Jersey for improvements to the beach, Facility and Processing Center in rural East- in Omaha, Nebraska to address the needs of boardwalk, and entertainment district of the ern North Carolina at the Global TransPark; at-risk boys and girls; City; $100,000 to the North Carolina Community $1,000,000 for the Community Alliance in $250,000 for the New Jersey Community De- Land Trust Initiative for capacity building Omaha, Nebraska for its ‘Building Homes, velopment Corporation, of Paterson, New and operational support; Rebuilding Lives’ program; Jersey, for redevelopment of abandoned $100,000 to the North Carolina Fair Housing $40,000 for ‘‘My Friend’s Place’’ in the City property; Center for a consumer education campaign of Dover, New Hampshire for emergency $250,000 for the Township of Hamilton, New to combat predatory lending; shelter needs; Jersey, for renovations of a senior center; $100,000 to the Wilson Family Resource $140,000 to the Monadnock Ice Center Asso- $250,000 to the University Heights Science Center in Wilson, North Carolina for reha- ciation for construction and operation of a Park in Newark, New Jersey for historic bilitation of facilities; year-round ice arena downtown Keene, New preservation; $150,000 to the Discovery Place Museum in Hampshire; $290,000 to Mercer County, New Jersey for Charlotte, North Carolina for renovations $180,000 for the Laconia Public Library in senior centers in East Windsor and Wash- needs; New Hampshire for facility improvements; ington Townships; $150,000 to the North Carolina Institute of $190,000 for the Mt. Washington Valley Eco- $300,000 for the Borough of Paulsboro, New Disaster Studies for activities related to the nomic Council’s ‘‘Technology Village Incu- Jersey, for brownfields redevelopment; mitigation of natural and technological dis- bator’’; $490,000 for Valley Hospital’s Cancer Care asters; $240,000 to the University of New Hamp- Center in Paramus, New Jersey; $220,000 to the Town of Troy, North Caro- shire in Manchester, New Hampshire for the $300,000 for the Rio Grande Community De- lina for the Rent-to-Own Housing Pilot relocation of the Engineering Technology velopment Corporation, of Albuquerque, New project; Laboratory; Mexico, for construction of the South Valley $240,000 to the Albemarle Downtown Devel- $340,000 to Lebanon College of Lebanon, Economic Development Center; opment Corporation for green space develop- New Hampshire to implement a medical and $450,000 for Curry County, New Mexico for ment; dental training program; infrastructure improvements to the Curry $250,000 to OPC Mental Health in Carrboro, $350,000 for the New Hampshire Community County Fairgrounds; North Carolina for renovation of a thrift Technical College for the Emerging Tech- $490,000 to the Hispanic Chamber of Com- shop; nology Center at Pease; merce of Albuquerque, New Mexico for the $250,000 to Passage Home in Raleigh, North $500,000 for Concord, New Hampshire to construction of a Job Opportunity Center in Carolina for neighborhood restoration in the cleanup brownfields; Barelas, New Mexico; WE CAN Weed and Seed target area of $500,000 for Keene, New Hampshire to $650,000 for the City of Espanola, New Mex- Southeast Raleigh; cleanup brownfields; ico, to build a veterans memorial; $250,000 to the Burch Avenue Center in $500,000 for Milford, New Hampshire for $1,000,000 for Albuquerque Health Care for Durham, North Carolina for the construction downtown revitalization; the Homeless to complete renovation of a of a multi-purpose community center; $1,000,000 for the City of Nashua, New health care facility for the homeless in Albu- $300,000 for Western Carolina University of Hampshire to create housing opportunities; querque, New Mexico; Cullowhee, North Carolina, for Millennial $50,000 to Hopewell Township, New Jersey $1,000,000 for the City of Las Cruces, New Campus project; for renovations to the Historic Hunt House; Mexico for the Model Extension Program for $300,000 to Alleghany County, North Caro- $50,000 to South Brunswick, New Jersey for Increasing Homeownership conducted by lina for construction of a community center design and construction of a new library; New Mexico State University; as part of the Alleghany Wellness Center; $50,000 to the Alice Paul Centennial Foun- $340,000 to Central Piedmont Community dation for continuation of the Paulside Re- $1,000,000 for the Santa Fe Rape Crisis Cen- College in Charlotte, North Carolina for con- habilitation Project in Mount Laurel, New ter in New Mexico to construct a new facil- struction a workforce development training Jersey; ity to house the center, including outreach center; $90,000 to Fanwood Township, New Jersey planning offices; $400,000 to Self-Help Ventures Fund in Dur- for downtown revitalization; $1,000,000 for the Southern New Mexico ham, North Carolina for their revolving loan $100,000 for Morristown Neighborhood Fair and Rodeo in Dona Ana County for in- fund; House for the infrastructure improvements frastructure improvements and to build a $490,000 to the Mayland Community Col- to the Manahan Village Resident Center multi-purpose event center; lege in Spruce Pine, North Carolina for the Childcare facility in Morristown, New Jer- $500,000 for the Community Pantry of Gal- Avery Satellite Campus project; sey; lup/McKinley County, New Mexico, for facil- $700,000 to Wake Forest University and $100,000 for the Adults and Children To- ity construction; Winston-Salem State University in North gether Against Violence program for the de- $50,000 for the Reno Veterans Memorial Carolina for construction of a research facil- velopment of violence prevention programs; Project, of Reno, Nevada, for construction of ity for the Idealliance program; $100,000 to Brookdale Community College a memorial; $1,000,000 for Henderson, North Carolina for in New Jersey for facilities needs related to $50,000 to the City of Henderson, Nevada for the construction of the Embassy Cultural the New Jersey Coastal Communiversity; the expansion of a downtown arts district Center; $100,000 to Passaic County Community Col- and heritage preservation; $100,000 to the City of Rugby, North Da- lege in Patterson, New Jersey for program- $100,000 to the Nevada Science Technology kota for implementation of the Rural Eco- ming and equipment needs; Center in Las Vegas, Nevada, for develop- nomic Area Partnerships strategic plan; $100,000 to Englewood Hospital and Medical ment assistance; $400,000 for Lewis and Clark Community Center in Englewood, New Jersey for Breast $150,000 for Boulder City, Nevada, for ren- Works of North Dakota, for a rural housing Care facilities expansion; ovation, modernization, and expansion of development fund; $100,000 to Holy Name Hospital in Teaneck, public recreation facilities; $900,000 for Sitting Bull College in Fort New Jersey for dialysis center expansion; $250,000 for the Boys and Girls Club of Car- Yates, North Dakota for construction of a $140,000 to Burlington County, New Jersey son City, Nevada to establish a new commu- new science facility; for Fairview Street curb replacement; nity center; $1,000,000 for the North Central Planning $140,000 to Burlington County, New Jersey $250,000 for the Intertribal Council of Ne- Council, North Dakota, to relocate agricul- for Ark Road sidewalk improvements; vada to establish a housing division; tural structures; $200,000 to the Essex County, New Jersey $290,000 to the City of Reno, Nevada for $1,000,000 for the Rural Economic Area Office of Emergency Management for emer- urban development activities in the city’s Partnerships (REAP) Zones to build on and gency service needs; commercial center;

VerDate 06-NOV-2001 03:40 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.081 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7811 $700,000 for development of a job training $100,000 to the Nassau University Medical $100,000 to the City of Buffalo, New York facility for workers in the hospitality indus- Center in East Meadow, Long Island, New for the purchase of audiophones for displays try in Las Vegas, Nevada; York for the renovation and repair of its and exhibits at the Buffalo and Erie County $750,000 for the Reno, Nevada, housing au- Hempstead Community Health Center; Historical Society; thority for the Friendship Lane housing revi- $100,000 to the New York City Planning $200,000 to the City of Cortland, New York talization project; Commission to study the effects of rezoning for the Cortland Sports Complex; $750,000 for the Smart Start Child Care Staten Island on the growth of development; $200,000 to the City of Hornell, New York, Center and Expertise School of Las Vegas, $100,000 to the Schenectady Family Health for restoration of the historic depot; Nevada, for construction of a child care fa- Services, in Schenectady, New York for fa- $200,000 to the City of Syracuse, New York cility; cilities expansion; for building renovations to the Onondaga $1,000,000 for Sparks, Nevada for the revi- $100,000 to the State University of New Historical Association; talization of the West End community; York at Potsdam for the creation and oper- $200,000 to the City of Syracuse, New York $20,000 to the City of Syracuse, New York ation of a Northern New York Travel and for renovations and infrastructure improve- for equipment and renovations to the Syra- Tourism Research Center to be located at ments to the Huntington Family Center; cuse Boys and Girls Club; the Merwin Rural Services Institute; $100,000 to the City of White Plains, New $25,000 to the City of Gloversville, New $100,000 to the Staten Island Freedom Me- York for streetscape improvements to Ma- York to establish a memorial to World War morial Fund for construction of a memorial maroneck Avenue; II veterans; in the Staten island community of St. $200,000 to the State University of New $25,000 to the Clinton County, New York George, New York; York College of Environmental Science and Office of Emergency Services for commu- $100,000 to the Village of Green Island, New Forestry for water infrastructure improve- nications infrastructure improvements that York for public access and infrastructure ments on a portion of Onondaga Creek; service the Lyon Mountain and Ausable needs; $150,000 to Fred Daris Underground The- Forks areas of the county; $115,000 to the Staten Island Catholic ater, Inc. in the South Bronx, New York for $40,000 to Onondaga County, New York for Youth Organization Community Center of the restoration of a theater and the installa- the installation of a water line for the Sen- New York for expansion of facilities to in- tion of a theater company; tinel Heights Fire Department; clude a new gymnasium; $225,000 to the Gowanus Canal Community $50,000 to Safe Haven, Inc., in Oswego, New $125,000 to the National Lighthouse Center Development Corporation in Brooklyn, New York for the continued construction of a mu- and Museum in St. George, New York for de- York for development of a comprehensive seum/interpretive center chronicling the veloping and installing exhibits; community development plan; Fort Ontario Emergency Refugee; $50,000 to the Village of Tuckahoe, New $240,000 to Putnam County, New York for a $50,000 to the Collins Public Library Board York for streetscape improvements; new senior citizens center; of Trustees for the new Town of Collins, New $500,000 to Take the Field in New York $250,000 to Covenant House New York for York Public Library; City, New York for a program to rebuild the renovation of their crisis center; $50,000 to the County of Onondaga, New public school athletic facilities; $250,000 to Mary Mitchell Family and York for an interpretive center at Baltimore $150,000 to the Abyssinian Development Youth Center in the South Bronx, New York Woods; Corporation for rehabilitation needs of the for after school and teen programs, improve- $50,000 to the Hamburg Natural History So- Renaissance Ballroom and Theater Complex ment of computer lab and family literacy ciety, Inc., for the Penn Dixie Paleontolog- in Harlem, New York; programs, and to increase usage of the cen- ical and Outdoor Education Center in Ham- $150,000 to the Hillside Children’s Center in ter by the local community; burg, New York; Rochester, New York for the modernization $250,000 to Onondaga Community College $50,000 to the Irish Classical Theatre Com- and upgrade of the facility’s Monroe Avenue for equipment, training and infrastructure pany in Buffalo, New York for marketing Campus; improvements to the Lean Manufacturing and expansion of program; $150,000 to the Long Island Housing Part- Lab; $50,000 to the Roundabout Theater Com- nership, Long Island for neighborhood revi- $250,000 to Phipps House and We Stay/Nos pany in New York City, New York for facil- talization; Quedamos Inc. for the construction of day ity needs; $150,000 to the Mount Morris Park Commu- rooms and gardens at La Casa de Felicidad in $50,000 to the YMCA of Greater New York nity Improvement Association in New York the South Bronx, New York; for construction of a gym and teen center in for development of the Parkside Inn, a com- $250,000 to the Brooklyn Public Library in Queens, New York; munity economic development initiative; New York for construction and renovation of $250,000 to the Long Island Aquarium in $150,000 to the New York City Department educational and cultural facilities; Bay Shore, New York for facilities needs; of Parks and Recreation in New York, New $250,000 to the Central New York Regional $70,000 to the Legacies and Landmarks York for the completion of an irrigation sys- Planning and Development Board for the de- Consortium of Greater Rochester, New York tem during the third phase of the Joyce Kil- velopment of the Finger Lakes Open Space for activities to promote regional tourism; mer Park restoration project; and Agricultural Land Conservation Project; $75,000 to the Harbor Child Care Corpora- $150,000 to the Strong Museum in Roch- $250,000 to the City of Hudson, New York tion in New Hyde Park, New York for im- ester, New York for expansion and upgrade for the construction of utility service, boat provements to the existing facility; of museum facilities; launch and bulk-head along the Hudson $75,000 to the Jamaica Center for Arts and $150,000 to the Village of Freeport, New River waterfront area; Learning in New York for renovation of the York for the downtown revitalization $250,000 to the Cornell Agriculture and First Dutch Reformed Church; project; Food Technology Park—Geneva Station in $75,000 to the New York City Department $125,000 to the WXXI Public Broadcasting Ontario County, New York to continue infra- of Parks and Recreation for remediation and Council in Rochester, New York for building structure development, design and facilities restoration of the College Point Sports Com- renovations necessary to meet health, safe- construction; plex in Queens, New York; ty, and occupational requirements, as well as $250,000 to the Lesbian and Gay Commu- $80,000 to the Amherst Museum in Am- to meet FCC mandated digital broadcasting nity Services Center, New York City for in- herst, New York for construction of a boat standards; frastructure upgrades; launch facility; $150,000 to the City of Auburn for renova- $250,000 to the State University of New $80,000 to the Variety Boys and Girls Club tions and infrastructure improvements to York College of Environmental Science and of Queens, New York for the Teen Education the Merry Go Round Playhouse in Auburn, Forestry for the Syracuse Southwest Com- for Every Nationality Program; New York; munity Environmental Center; $90,000 to Wyoming County, New York to $190,000 to the Cortland County Business $250,000 to the Staten Island, New York replace a public safety communications Development Corporation for equipment and YMCA for facilities expansion to create a tower and related hardware and computer infrastructure improvements for Wetstone South Shore Center Youth/Teen Annex; systems; Technologies; $250,000 for infrastructure improvements to $100,000 to Lewis County General Hospital $190,000 to the Orange County Mental the Tioughnioga Riverfront Development in Lowville, New York for infrastructure re- Health Association in Orange County, New Project in Cortland County, New York; pairs and improvements; York for the ‘‘Home-To-Stay’’ project; $290,000 to Kaleida Health for the planning $100,000 to the City of Auburn, New York $200,000 to Onondaga County, New York for and design of facilities for Children’s Hos- for a housing market study; infrastructure improvements to the Village pital in Buffalo, New York; $100,000 to the City of Buffalo, New York of Tully’s Water System; $300,000 to Onondaga County, New York for for the provision of shelter and other serv- $200,000 to the Battle of Plattsburgh Asso- redevelopment of the Three Rivers Area in ices to refugees by VIVE La Casa; ciation of Plattsburgh, New York to rehabili- the Town of Clay; $100,000 to the City of Ogdensburg, New tate a building to create an interpretive cen- $200,000 to the Village of Saugerties, New York for reconstruction of Fort ter; York for streetscape improvements in the LaPresentation; $100,000 to the City of Buffalo, New York historical district; $100,000 to the Metropolitan Development for the repair and rehabilitation by the Buf- $250,000 to Carnegie Hall in New York for Association in Syracuse, New York for the falo Philharmonic Orchestra of the Birge continuation of Carnegie Hall’s Third Stage Genesee Street Armory study; Mansion; Project;

VerDate 06-NOV-2001 03:40 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.083 pfrm02 PsN: H06PT1 H7812 CONGRESSIONAL RECORD — HOUSE November 6, 2001 $250,000 to Jazz at Lincoln Center in New $240,000 to Columbus State Community $550,000 for the Oregon Food Bank for its York City for facility construction; College in Columbus, Ohio for construction food distribution efforts; $200,000 to the University Colleges of Tech- of a new child development center; $1,000,000 for Eastern Oregon University for nology at the State University of New York $250,000 to the Rural Health Collaborative construction of a science center; for continued development of a Tele- of Southern Ohio for a Community Health $200,000 for Irvington Covenant CDC in communications Center for Education; and Wellness Center Initiative; Portland, Oregon to develop affordable hous- $200,000 for research and infrastructure im- $300,000 to the Dayton-Montgomery County ing; provements for the Center of Excellence in Port Authority in Ohio for urban job cre- $20,000 to the Dormont Historical Society Nanoelectronics at Albany, New York; ation; in Dormont, Pennsylvania for organizational $500,000 to the Children’s Center in Brook- $300,000 to the Mandel School of Applied support; lyn, New York for the construction of a facil- Social Sciences’ Center for Community De- $20,000 to the McKeepsport Little Theater ity to house educational and therapeutic velopment at Case Western Reserve Univer- in McKeepsport, Pennsylvania for facility programs for disabled children. sity for the Louis Stokes Fellow Program in renovation; $200,000 to Rensselaer County, New York Community Organization and Development; $30,000 to the Senior Adult Activities Cen- for safety and guide rail improvements to $390,000 to Brown County General Hospital ter of Montgomery, Pennsylvania for facili- county highways; for construction and equipment as part of ties renovation; $340,000 to the Natural History Museum of the Community Health and Wellness Center $40,000 to Juniata County, Pennsylvania the Adirondacks in Tupper Lake, New York, Initiative; for outdoor recreational facilities; for building construction; $45,000 to the Reading Berks Human Rela- $390,000 to the University of Cincinnati $350,000 to Onondaga County, New York for tions Council in Pennsylvania for purposes Medical Center in Cincinnati, Ohio for ren- waterline improvements in the Town of related to its mission; ovation and expansion of the Medical Skaneateles; $50,000 to the Armstrong County Commis- Sciences Building; $400,000 to Polytechnic University, Brook- sion, Pennsylvania for the horse park at $400,000 to Clark County, Ohio for infra- lyn for the National Center for E-Commerce; Crooked Creek Lake; structure upgrades for economic develop- $400,000 to the City of Syracuse, New York $70,000 to the Briar Bush Nature Center in ment; for renovations to the Sibley Building; Montgomery County, Pennsylvania for res- $450,000 to the Apollo Theater Foundation $400,000 to Urbana University in Urbana, toration of the visitors center, refurbish- in Harlem, New York for theater restoration; Ohio for the renovation of Bailey and Bar- ment of the bird observatory, and education $450,000 to Union College, of Albany, New clay Halls; program expansion; York for the Union-Schenectady Neighbor- $422,000 to the Richland County, Ohio $90,000 to Bucks County, Pennsylvania for hood Initiative; Emergency Management Agency to purchase design and engineering costs for a beautifi- $490,000 to Madison County, New York for electromechanical outdoor warning sirens; cation effort along Route 13; economic development and infrastructure $490,000 to Heidelberg College in Tiffin, $90,000 to Bucks County, Pennsylvania for improvements for industrial park sites; Ohio for construction of facilities for the the redevelopment and revitalization of the $490,000 to the City of Rome, New York for school’s Water Quality Laboratory; downtown business district of Bristol Bor- site development and infrastructure im- $490,000 to Lake Metroparks in Concord ough, Pennsylvania; provements related to the South Rome In- Township, Ohio for the Environmental Edu- $100,000 for the Philadelphia Zoo, Pennsyl- dustrial Park; cation Center at Camp Klein; vania to expand construction of Children’s $490,000 to the North Shore-Long Island $500,000 for the City of Cleveland, Ohio for Zoo; Jewish Health System in New York for an the construction of the Cleveland Intercul- $100,000 Punxsutawney Community Center emergency room preparedness program; tural Center; in Punxsutawney, Pennsylvania for infra- $500,000 to the City of Buffalo, New York $500,000 to John Carroll University in structure improvements and renovation of for the construction of additional facilities Cleveland, Ohio for the needs related to the facilities; at the Burchfield-Penney Art Center; Dolan Center for Science and Technology; $100,000 to Bucks County, Pennsylvania for $500,000 to the State University of New $750,000 to the Ohio State University for infrastructure and area site improvements at York at Albany for continued development the Neighborhood Revitalization Initiative the Stainless Inc. property brownfield site in of a manufacturing/workforce training cen- to improve housing opportunities, public Perkasie Borough; ter; safety/crime reduction, and ‘‘Gateway Cen- $100,000 to Discovery Square, Erie, Penn- $700,000 to the City of Auburn, New York ter’’ Facilities; sylvania for the construction of an edu- for Phase I of the Owasco Riverfront Park $900,000 for Franklin County, Ohio for pur- cational and cultural complex; Project; chase of park land; $100,000 to the Borough of Frackville, $990,000 to St. Bonaventure University of $1,000,000 for the City of Dayton, Ohio for Pennsylvania for Central Business District St. Bonaventure, New York for renovations the revitalization of historic main Street; improvements; of Delaroche Hall; $1,000,000 for Wellsville, Ohio for improve- $100,000 to the Borough of Millerstown, $750,000 to the City of Syracuse, New York ments to a riverside transportation center; Perry County, Pennsylvania for improve- for the design, development and construction $1,000,000 to Mount Union College in Alli- ments to the Borough Municipal Building, of an International Tourism Center at the ance, Ohio for a new science facility; which will allow the Borough to implement Carousel Center; $1,500,000 to the City of Toledo, Ohio for several community programs including sub- $990,000 to the Cancer Institute of Long Is- improvements to the near downtown historic stance abuse deterrent programs and clinics, land at Stony Brook University, New York commercial district, and to leverage the po- Scouting programs as well as senior informa- to develop and implement a clinical database tential of not-for-profit community and eco- tional programs and facilities; of breast and prostate cancer patients; nomic development organizations; $100,000 to the Borough of New Hope, Penn- $25,000 to the Music Conservatory of West- $140,000 to the City of El Reno, Oklahoma sylvania for the James A. Michener Museum chester, New York for construction and cap- for development of a trolley system; to build the infrastructure for a satellite fa- ital improvements on their new facility; $300,000 to the City of Oklahoma City for cility in New Hope; $125,000 to the City of Yonkers, New York the Oklahoma Land Run Memorial; $100,000 to the Borough of Shenandoah, for renovation of the waterfront area around $490,000 to the City of Bennington, Okla- Pennsylvania for Central Business District Riverfront Park; homa for construction of a multipurpose economic development activities; $100,000 to the Village of Larchmont, New building; $100,000 to the OLYMPIA ship of Independ- York for streetscape improvements; $1,490,000 to the City of Midwest City, ence Seaport Museum to provide ship repairs $100,000 to the Endicott Performing Arts Oklahoma for Phase II of the City’s tornado which will contribute to the economic devel- Center in Endicott, New York for restoration recovery; opment of the Penn’s Landing waterfront of the Lyric Theater; $50,000 to the City of Newberg, Oregon for area in Philadelphia; $50,000 to the Latino Cultural School of transition of the Newberg Central School $100,000 to the Urban Redevelopment Au- Arts in Lorain, Ohio for facilities needs; into a community center; thority of Pittsburgh, Pennsylvania for the $100,000 to the Akron, Ohio Zoological Park $50,000 to the City of Portland, Oregon for Bloomfield-Garfield housing revitalization for development of the Environmental Edu- the North Macadam Greenway initiative; effort; cation Center; $100,000 to the Rural Oregon Continuum of $150,000 to Rostraver Township, Pennsyl- $135,000 to the Ohio Department of Devel- Care (ROCC) consortium for scattered site vania for infrastructure improvements re- opment for continued development of the transitional housing needs; lated to an economic development initiative; Black Swamp rural arts initiative in Ottawa, $120,000 to the City of The Dalles, Oregon $150,000 to the City of Washington, Penn- Lucas, Wood, and Fulton counties; for the Mid-Columbia Veterans Memorial sylvania for construction and operations $15,000 to the Fulton County, Ohio Com- Project; needs of a recreation and community eco- mission for rehabilitation of a Civil War me- $150,000 to the Boys and Girls Club of Al- nomic development center; morial; bany, Oregon for construction of an addition $150,000 to the State College Baseball Club, $200,000 to the National Interfaith Hospi- to existing facilities; Inc. for the development and operation of a tality Network for expanding local network $300,000 for Dalles, Oregon, for development new sports complex for youth baseball and support services; of the Dalles Fiber Optic Loop; softball in Centre County, Pennsylvania;

VerDate 06-NOV-2001 03:58 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.084 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7813 $160,000 to the Borough of Wayensboro, $400,000 to the Please Touch Museum in rium, and adjoining space, into a cultural Pennsylvania for infrastructure improve- Philadelphia, Pennsylvania for facilities arts center; ments for an industrial area along Ninth needs; $190,000 to the City of Spartanburg, South street; $490,000 to the City of Harrisburg, Pennsyl- Carolina for the Motor Racing Museum of $200,000 to the Allegheny Housing Author- vania for the CORRIDORone Regional Rail the South; ity of Pennsylvania to construct the program of the Modern Transit Partnership $200,000 to South Carolina State University Groveton Village Computer/Support Services in downtown Harrisburg, Pennsylvania; in Orangeburg, South Carolina for planning, Center; $490,000 to the University Technology engineering, and construction of a multi- $200,000 to the Hiram G. Andrews Center in Park, Inc. in Chester, Pennsylvania for con- disciplinary research and conference center; Johnstown, Pennsylvania for an employment struction of the Institute for Economic De- $490,000 to the City of Myrtle Beach, South program for students with disabilities tar- velopment; Carolina for a Pavilion Area Master Plan; geted at emerging technical markets; $500,000 to the Winnie Palmer Nature Re- $500,000 for Spoleto Festival, USA, of $200,000 to the Scottdale Community Pool serve in Pennsylvania for development of the Charleston, South Carolina, for rehabilita- Association in Scottdale, Pennsylvania for reserve; tion of the historic Middleton-Pinckney the facility needs associated with the contin- $700,000 to the American Cities Foundation House; ued operations of the former YMCA pool; in Philadelphia, Pennsylvania for support of $500,000 for the City of Charleston, South $200,000 to the Urban Redevelopment Au- the Home Ownership Institute; Carolina’s Homeownership Initiative to cre- thority of Pittsburgh in conjunction with $900,000 to the City of Lancaster, Pennsyl- ate affordable housing opportunities; Northside Properties in Pittsburgh, Pennsyl- vania for the development of an entertain- $750,000 for infrastructure improvements to vania to acquire the 332 unit, scattered site ment/retail complex which is intended to en- the School of the Building Arts in Charles- affordable housing development with hance the economic development provide ton, South Carolina; project-based Section 8 rental subsidy; hundreds of new jobs; $825,000 to Marlboro County, South Caro- $200,000 to the People’s Emergency Center $1,400,000 to the County of Cambria, Penn- lina for costs associated with the construc- Community Development Corporation in sylvania for the design and construction of tion and equipping of the Marion Wright Philadelphia, Pennsylvania for implementa- the Northern Cambria Recreation Facility; Edelman Library in Bennettsville, South tion of a Neighborhood Transformation and $250,000 to UPMC Lee Hospital in Johns- Carolina; Revitalization Plan in West Philadelphia; town, Pennsylvania for the Convalescent $1,000,000 for the Sea Island Comprehensive $200,000 to the Johnstown-Cambria County Garden project; Health Care Corporation, Inc., of Johns Is- Airport in Cambria County, Pennsylvania for $25,000 to West Bay Community Action in land, South Carolina, for affordable housing customer service area renovation needs; Warwick, Rhode Island for programs sup- and economic development purposes; $240,000 to the Beaver County, Pennsyl- porting the elderly, the homeless, and chil- $150,000 for the City of Tea, South Dakota, vania Corporation for Economic Develop- dren; to develop a community library; ment for the Riverfront Development $25,000 to the Rhode Island Emergency $250,000 for the Lake Area Improvement Project, Bridgewater Crossing; Management Agency for needs of the First Corporation of Madison, South Dakota, for $240,000 to the Boys and Girls Club of Erie, Responders Program; development of the Madison Technical Cen- Pennsylvania for a facility expansion $50,000 for the City of Providence, Rhode ter; project; Island, for inner city recreational facilities; $300,000 for Black Hills Community Devel- $240,000 to the County of Lancaster, Penn- $50,000 for the Rhode Island Jewish War opment Corporation of Lead, South Dakota, sylvania for the Sunnyside Neighborhood De- Veterans for a veterans memorial; for economic development efforts related to velopment Project; $100,000 for the Coastal Institute at the the closure of the Homestake Gold Mine; University of Rhode Island for development $250,000 to the City of Chester, Pennsyl- $300,000 for South Dakota School of Mines of a sustainable management plan for Narra- vania for revitalization of its waterfront; and Technology of Rapid City, South Da- gansett Bay; $250,000 to the City of Scranton, Pennsyl- kota, for renovations and rehabilitation re- $100,000 for the Institute for the Study and vania for the construction of a garage and lated to the development of the Rapid City Practice of Nonviolence in Providence, retail facility at the new hotel/convention Children’s Science Center; Rhode Island for construction of a commu- center; $300,000 for the Flandreau Development nity center; $250,000 to the City of Williamsport of Corporation of Flandreau, South Dakota, for $100,000 for the South Providence Develop- Lycoming County, Pennsylvania for infra- infrastructure related to the Flandreau in- ment Corporation in Providence, Rhode Is- structure development for industrial expan- dustrial park development; land for the development of a recycling facil- sion; $300,000 for the Union Gospel Mission in ity; $250,000 to the Good Shepherd School in $100,000 to the Woonsocket Fire Depart- Sioux Falls, South Dakota, for renovations Braddock, Pennsylvania for facility renova- ment in Woonsocket, Rhode Island for equip- to the historic Farley Lostcher building; tion; ment and technology upgrades associated $400,000 for the City of Brookings, South $200,000 to the Town of Johnstown, Penn- with fire safety and communications; Dakota, for renovations and rehabilitation sylvania for the Kernville neighborhood $150,000 for Pell-Chafee Performance Cen- to the historic Brookings Middle School; recreation project; ter in Providence, Rhode Island to complete $800,000 for the Sioux Falls, South Dakota, $250,000 to the City of Philadelphia, Penn- construction; Development Foundation for development of sylvania for assistance to Daggett Street $200,000 for Cornerstone Adult Services in a facility that will support technology-based homeowners; Warwick, Rhode Island for the construction businesses; $300,000 for the expansion of facilities of of an Alzheimer’s day center; $550,000 for the City of Watertown, South the Re Place at Good Shepard Home, Lehigh $200,000 for the Boys and Girls Club of Paw- Dakota, for development related to the County, Pennsylvania which will provide em- tucket, Rhode Island, for development of a Hanten Industrial Park; ployment opportunities for persons with new facility; $1,750,000 for planning, design, and con- mental and physical challenges in sales, $200,000 for the Newport Art Museum in struction of the Wakpa Sica Reconciliation business administration, mechanical repair, Newport, Rhode Island for historical renova- Place in South Dakota; janitorial skills and computer refurbishing; tion; $150,000 for Children’s Village in Pine $300,000 to the Ogontz Avenue Revitaliza- $275,000 to the town of Smithfield, Rhode Ridge, South Dakota, for a new facility; tion Corporation, Philadelphia, Pennsyl- Island for continued development and mod- $150,000 for Wagner, South Dakota, for eco- vania, to assist with substantial rehabilita- ernization of Deerfield Park, including the nomic development activities; tion of 40–50 severely deteriorated vacant expansion of the Smithfield Senior Center; $200,000 for the Aberdeen Business Improve- properties that will be developed as a part of $350,000 for the Herreshoff Marine Museum ment District of South Dakota for a down- the West Oak Lane community development in Bristol, Rhode Island to restore and ex- town development revolving loan fund; rebuilding initiative; pand a maritime heritage museum; $200,000 for Turning Point/Volunteers of $350,000 for the Urban Development author- $450,000 for the City of Providence, Rhode America in Sioux Falls, South Dakota for ity of Pittsburgh, Pennsylvania for the Har- Island for the development of a Botanical construction of a youth services facility; bor Gardens Greenhouse project; Center at Roger Williams Park and Zoo; $50,000 to the Melrose Community Tech- $350,000 to the American Cities Foundation $450,000 for the Providence Performing Arts nology Center in the Orange Mound neigh- in Philadelphia, Pennsylvania for support of Center for building modernization in Provi- borhood of Memphis, Tennessee for recon- the Community Leadership Institute; dence, Rhode Island; struction of the historic Melrose School for $350,000 to CitiVest in Wilkes-Barre, Penn- $500,000 for Town of Johnston, Rhode Island use as a new community technology center; sylvania for housing and economic develop- for rehabilitation of a senior center; $100,000 to the Memphis Zoo in Memphis, ment efforts in northeast Pennsylvania; $1,000,000 for Traveler’s Aid of Rhode Island Tennessee for the Northwest Passage Cam- $400,000 to the City of Reading, Pennsyl- for relocation and expansion in Providence, paign; vania for the development of the Morgan- Rhode Island; $500,000 to Hamilton County, Tennessee for town Road Industrial Park on what is cur- $150,000 to the City of Marion, South Caro- the Broadband Economic Development Ini- rently a brownfields site; lina for renovations of the Joyner Audito- tiative;

VerDate 06-NOV-2001 03:58 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.086 pfrm02 PsN: H06PT1 H7814 CONGRESSIONAL RECORD — HOUSE November 6, 2001 $740,000 to the Historic Tennessee Theatre $1,000,000 for Sevier County, Utah for a $150,000 for the Haskell Free Library for re- Foundation, Inc. for construction and ren- multi-events center; pairs to this historic building located in ovation of facilities; $50,000 to the Town of Boydton, Virginia Derby Line, Vermont; $950,000 for the City of Chattanooga, Ten- for economic development activities; $200,000 to the Vermont Foodbank for food nessee for the revitalization of the Alton $70,000 to the Fairfax County Economic De- shelf activities; Park neighborhood; velopment Authority for the creation and $300,000 for the Brattleboro Arts Initiative $1,000,000 for the City of Memphis, Ten- promotion of a video detailing the historical of Brattleboro, Vermont, for the rehabilita- nessee for the Soulsville Revitalization significance of Annandale, Virginia; tion of the historic Latchis Theatre and project; $90,000 to the County of Fairfax, Virginia Community Arts Center; $25,000 to the Acres Home Community De- for the Annandale Community Cultural Arts $350,000 for the George D. Aiken Resource velopment Corporation in Houston, Texas for Center; Conservation and Development Council of an athletic complex; $100,000 to the An Achievable Dream pro- Randolph, Vermont for the purchase of equipment; $50,000 to the Houston Community College gram in Newport News, Virginia for expan- $500,000 for the Kaw Valley Center in in Houston, Texas for development of the 5th sion of education programs; Vermont, Kansas for infrastructure and com- Ward Community Technology Center; $100,000 to the Towns of Clarksville and $75,000 to the City of Abilene, Texas for munity outreach; Chase City, Virginia for economic develop- $500,000 for the Vermont Housing and Con- renovation of the historic Wooten Hotel; ment at their joint industrial park; $75,000 to the City of Houston, Texas’s De- servation Board for development of afford- $140,000 to the County of Northampton, able housing at Macauley Square; partment of Health and Human Services for Virginia for a Workforce Training and Busi- $750,000 to the Vermont Housing and Con- the Lead Based Paint Hazard Control Pro- ness Development Center on the Eastern servation Board for the development of af- gram; Shore of Virginia; fordable housing in Vermont; $100,000 to Texas A&M-Kingsville for con- $150,000 for the Nelson Center in Lovington, $750,000 to the Vermont Institute of Nat- struction of the Kingsville Center for Young Virginia for renovation and expansion of fa- ural Science of Woodstock, Vermont to sup- Children; cilities; port construction of a public education and $100,000 to the City of Austin, Texas for the $150,000 to Winchester County, Virginia for wildlife rehabilitation facility in Quechee, expansion of the SMART Housing Project; the historic restoration of the Winchester Vermont; $100,000 to the Heights Association in Hous- County Courthouse; $2,000,000 for the Lake Champlain Science ton, Texas for community beautification ini- $175,000 to the Arlington Housing Corpora- Center in Burlington, Vermont for facility tiatives; tion in Arlington, Virginia to improve and construction and rehabilitation; $150,000 to the T.R. Hoover Community De- expand community centers at low income $50,000 to the City of Poulsbo, Washington velopment Corporation in Dallas, Texas for multifamily properties, and support ongoing for improvements to the public library; completion of the T.R. Hoover Multipurpose affordable housing programs; $50,000 to the Nooksack Indian Tribe in Center and purchase of equipment; $200,000 to Virginia Highlands Small Busi- Washington for expansion of the Youth Lead- $175,000 to the City of San Angelo Develop- ness Incubator, Inc. for the development of a ers Center facility; ment Corporation in Texas for the establish- regional small business incubator in South- $80,000 to the YWCA in Bremerton, Wash- ment of a regional industrial park; west Virginia; ington for facilities expansion; $175,000 to the Windsor Elderly and Hous- $240,000 to the City of Chesapeake, Virginia $90,000 to the City of Duvall, Washington ing Center in Abilene, Texas for elevator re- for the redevelopment of Campostella for the renovation and conversion of a city- placement; Square; owned building into a youth center; $200,000 to Willacacy County Boys and $240,000 to the Virginia Air and Space Cen- $90,000 to the City of Maple Valley, Wash- Girls Club in Willacacy County, Texas for a ter in Hampton, Virginia for expansion of fa- ington for the construction of a youth cen- sports complex; cilities including the Aviation Gallery and ter; $200,000 for a design, engineering and eco- the World’s Fair Welcome Center; $90,000 to the Greenwater Mutual Water nomic feasibility study for the Trinity River $250,000 to Edgehill Recovery Retreat Cen- Association of Washington state for con- Visions project in Fort Worth, Texas; ter, in Winchester, Virginia for facilities struction of a water system to provide fire $300,000 to the Fort Worth Transportation needs; and domestic flow to the designated rural Authority for the development of a public $290,000 to the Virginia Holocaust Museum business center of Greenwater; market in Fort Worth, Texas; in Richmond, Virginia for facility renova- $100,000 to the City of Seattle, Washington $350,000 to the City of Waco, Texas for the tions; for renovations to the Seattle Center Opera housing assistance program; $400,000 to the Natural Gas Vehicle Asso- House; $500,000 for the City of Wichita Falls, Texas $200,000 to Pierce County Washington for ciation in Arlington, Virginia for continued for the restoration of the old Holt Hotel the establishment of the Gig Harbor Penin- expansion of the Airport-Alternative Fuel property; sula Historical Society and the creation of a Vehicle Demonstration Project at Dallas- $500,000 to the Victory Art Center in Fort museum and cultural center; Fort Worth International Airport; Worth, Texas for the adaptive use and his- $240,000 to the City of Black Diamond, $490,000 to Eastern Mennonite University toric renovation of the old Our Lady of Vic- Washington for engineering and construction tory building; of Harrisonburg, Virginia for the University of a replacement water main and improve- $740,000 to the Globe of the Great South- Commons project; ments to the existing pump station serving west in Midland, Texas for facilities expan- $500,000 to the Glen Burnie Foundation to the Black Diamond region; sion; establish the Museum of the Shenandoah $250,000 to the University of Washington- $740,000 to the Old Red Courthouse Museum Valley at Glen Burnie in Winchester, Vir- Tacoma for development of the Institute of in Dallas, Texas for the restoration of facili- ginia; Technology; ties to house the Museum of Dallas History $600,000 to the Arlandria Health Center for $250,000 to the Valley Boys and Girls Club and preservation and enhancement of arti- Women and Children in Alexandria, Virginia in Clarkston, Washington for facilities con- facts in the collection; for facilities needs; struction; $1,000,000 for the City of Fort Worth, Texas $600,000 for the City of Staunton, Virginia $300,000 for the City of Renton, Wash- for the redevelopment of a residential and for a local, cultural revitalization initiative; ington, for the Port Quendall brownfields re- commercial center along Hemphill Street; $700,000 to the City of Danville and development project; $1,000,000 for the Greater El Paso, Texas Pittsylvania County, Virginia for the infra- $500,000 to Whitworth College in Spokane, Chamber of Commerce for a local economic structure improvements for the City/County Washington for construction of the Regional development initiative for the creation of Cyber Park; Learning and Resource Center; jobs and housing; $1,000,000 for the Christopher Newport Uni- $750,000 to Bates Technical College for up- $1,000,000 to Alvin Community College, versity in Newport News, Virginia for the de- grade of transmission equipment for KBTC– Texas for the Pearland College Center; velopment of the Christopher Newport Uni- TV, a PBS affiliate in Tacoma, Washington; $1,000,000 to the University of Incarnate versity Fine Arts Center; $1,000,000 for the Port of Ridgefield of Word in San Antonio, Texas for the renova- $1,000,000 to the St. Coletta School in Alex- Ridgefield, Washington for brownfields rede- tion and expansion of the Science and Engi- andria, Virginia for facilities needs; velopment; neering Center; $50,000 to the Essex Junction Lions Club $1,000,000 for the West Central Community $490,000 for West Valley City, Utah for the for design and construction of a veterans me- Center of Spokane, Washington, for site ac- construction of the West Valley City Multi- morial in Essex Junction, Vermont; quisition and preparation related to the ex- Cultural Community Center; $100,000 to the Burlington, Vermont Com- pansion of childcare facilities; $490,000 to the American West Heritage munity Land Trust for the start up of the $50,000 for the Eau Claire Area Industrial Foundation in Utah for the planning and de- Vermont Employee Ownership Center; Development Corporation, Wisconsin, for the sign of a cultural and interpretive center; $100,000 to the Vermont Housing Conserva- Chippewa Valley Technology Network; $800,000 for the City of West Jordan, Utah tion Board for the building renovation and $200,000 to the City of Madison, Wisconsin for the development of a senior citizens cen- construction of a battered women’s shelter for the Affordable Housing Subdivision ter; in St. Albans, Vermont; project;

VerDate 06-NOV-2001 03:58 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.088 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7815 $50,000 to the Medical College of Wisconsin $3,600,000 to the West Virginia High Tech- by June 30, 2002. The Senate bill did not in- for planning related to a Biomedical Re- nology Consortium Foundation, Inc. for op- clude funds for this initiative. search and Technology Incubator; erations, land acquisition, and development The conferees believe that housing coun- $50,000 to the Urban Open Space Founda- of a high technology business park; seling is a critical component of effective tion in Madison, Wisconsin for downtown re- $1,800,000 for the City of Hinton, West Vir- homeownership programs, including the vitalization efforts; ginia, for the construction of a high tech- HOME Downpayment Assistance Initiative. $80,000 to the Ashland County Sheriff’s De- nology office building and small business in- Not only is housing counseling important in partment in Ashland, Wisconsin for an Ice cubator; assisting families and individuals to under- Angel Windsled; $1,500,000 for the Appalachian Bible College stand homeownership issues, it also helps en- $100,000 for Fairness in Rural Lending in of Beckley, West Virginia, to complete its sure that first-time homebuyers are pro- Wisconsin for the Community Lender Part- student center/library; tected against predatory lending practices. nership Initiative; $540,000 to the Teton County Housing Au- The conferees expect HUD to ensure that $120,000 to the City of Rhinelander, Wis- thority of Wyoming for equity contributions housing counseling is available to all home- consin for construction of a rail spur; in the production of affordable housing units buyers participating in programs offered $275,000 for the African American World in Teton County, Wyoming; under the Downpayment Assistance Initia- Cultural Center in Wisconsin for construc- $2,000,000 for the Girl Scouts of the USA for tive. tion; youth development initiatives in public HOMELESS ASSISTANCE GRANTS $175,000 for the Centro de la Communidad housing. (INCLUDING TRANSFER OF FUNDS) Includes language transferring no less than Unida in Wisconsin for construction of an al- Appropriates $1,122,525,000 for homeless as- ternative school for at risk students; $13,800,000 to the Working Capital Fund for development and maintenance of informa- sistance grants, instead of $1,027,745,000 as $200,000 for Adams County, Wisconsin for proposed by the House and $1,022,745,000 as the construction of an industrial park; tion technology systems, instead of $15,000,000 as proposed by the House and the proposed by the Senate. $200,000 or the City of Beloit, Wisconsin for The conferees have increased funding for urban renewal activities; Senate. Includes language proposed by the Senate this account above the amounts proposed by $200,000 to the Wausau Kayak/Canoe Cor- the House and the Senate to provide for full poration in Wausau, Wisconsin for course up- making funds available for three years in- stead of two years as proposed by the House. funding of Shelter Plus Care renewals within grade; this account, instead of providing this fund- $240,000 to St. Norbert College in DePere, The conferees remain concerned by the delay in the obligation and expenditure of funds ing in a separate account as proposed by the Wisconsin for a regional library learning Senate. The House bill did not include fund- center; provided for the CDBG formula program. HUD is directed to review the matter and to ing for these costs. While funding for these $300,000 for the City of Appleton, Wisconsin renewals has been provided in this account for the reconstruction of College Avenue; provide a report to the Committees on Ap- propriations no later than April 1, 2002 which consistent with the manner in which funding $300,000 for the City of Sheboygan, Wis- was provided prior to fiscal year 2001, new consin to demolish an old manufacturing identifies the average length of time used by HUD to obligate CDBG funds to entitlement bill language is included requiring the an- building; nual renewal of all expiring Shelter Plus $300,000 to Alverno College in Milwaukee, communities and States; the rate at which entitlement communities and States expend Care contracts if the program is determined Wisconsin for the modernization of their lib- to meet appropriate program requirements eral arts facility for Digital Diagnostic Port- these funds, including an identification of those entities not in compliance with statu- and is needed under the applicable con- folio Technology; tinuum of care. $500,000 to Impact 7 for a business develop- tory timeliness requirements; and rec- ommendations to accelerate the obligation Includes modified language requiring not ment project in Centuria, Wisconsin; less than 30 percent of the funds provided $1,100,000 to the Northwest Regional Plan- and expenditure of these funds. The conferees reiterate the direction in- under this account, exclusive of amounts for ning Commission in Spooner, Wisconsin for a Shelter Plus Care renewals, be used for per- revolving loan fund to assist storm impacted cluded in the House report requiring HUD to inform State and local jurisdictions that manent housing as proposed by the Senate, areas in northwestern Wisconsin; instead of 35 percent as proposed by the $125,000 to the Greenbrier Valley Economic people with disabilities must participate in developing the Consolidated Plan and to House. Includes language requiring that all Development Corporation in Lewisburg, funds awarded for services shall be matched West Virginia for a cooperative economic de- evaluate plans for such inclusion. The conferees reiterate the direction in- by 25 percent in funds from each grantee as velopment effort with 4-County Economic cluded in the House report requiring HUD to proposed by the House and the Senate. Development Authority located in Oakhill, conduct a detailed evaluation of HUD’s ad- Includes language proposed by the Senate West Virginia; ministrative oversight of CDBG targeting re- providing that funds under this account be $290,000 to Mason County, West Virginia/ quirements and to report the evaluation’s made available for three years, instead of Point Pleasant Riverfront Park Committee findings to the Committees on Appropria- two years as proposed by the House. How- for a city revitalization project; tions no later than February 1, 2002. ever, HUD is directed to review the obliga- $350,000 for Bethany College in West Vir- tion rates for funds provided under this ac- ginia to complete work on a health and COMMUNITY DEVELOPMENT LOAN GUARANTEES count and provide a report to the Commit- wellness center; PROGRAM ACCOUNT tees on steps being taken to accelerate the $375,000 to Regions 1 and 4 Planning and (INCLUDING TRANSFER OF FUNDS) grant award and obligation process no later Development Councils in West Virginia for Appropriates $15,000,000 for costs associ- than April 1, 2002. rebuilding efforts necessitated by flooding; ated with section 108 loan guarantees as pro- Includes language providing $2,000,000 for $700,000 for the McDowell County Commis- posed by the House and the Senate. Includes the national homeless data analysis project sion to complete the repair and restoration language making funds available for obliga- and $6,600,000 for technical assistance. Lan- of the Kimball War Memorial in Kimball, tion for two years as proposed by the House, guage is also included transferring $5,600,000 West Virginia; instead of one year as proposed by the Sen- to the Working Capital Fund for the develop- $900,000 to Concord College in Athens, West ate. ment and maintenance of information tech- Virginia for continued infrastructure devel- BROWNFIELDS REDEVELOPMENT nology systems, instead of $14,200,000 as pro- opment of an information technology train- Appropriates $25,000,000 for brownfields re- posed by the House and the Senate. ing program; development as proposed by the House and The conferees agree that HUD should use $1,200,000 to the Mid-Atlantic Aerospace the Senate. the continuum of care process to give pref- Complex, Inc. for operational needs and to erence to communities that use funds for support economic development projects, in- HOME INVESTMENT PARTNERSHIPS PROGRAM permanent housing to end homelessness for cluding facilities construction; (INCLUDING TRANSFER OF FUNDS) chronically homeless, disabled people and $2,000,000 for the Webster County Develop- Appropriates $1,846,040,000 for the HOME encourage communities to obtain funds for ment Authority for construction of a high program instead of $1,996,040,000 as proposed supportive services from non-HUD sources, technology office building and small busi- by the House, and $1,796,040,000 as proposed such as the Department of Health and ness incubator in Webster County, West Vir- by the Senate. Includes language making Human Services, the Department of Labor, ginia; funds available for obligation for three years and the Department of Veterans Affairs. $2,000,000 for the Wheeling Park Commis- as proposed by the Senate, instead of two The conferees reiterate language included sion in West Virginia to aid in the construc- years as proposed by the House. in the Senate report regarding the need for tion of the National Training Center for Pub- Includes language designating $50,000,000 data and analysis on the extent of homeless- lic Facility Managers; for the Downpayment Assistance Initiative ness and the effectiveness of McKinney- $2,425,000 to the Institute for Software Re- subject to the enactment of authorization Vento Act programs. Specifically, the con- search, Inc. for operational and pro- legislation, instead of $200,000,000 as proposed ferees direct HUD to continue to work with grammatic support and facilities needs; by the House. Language is included allowing local communities on a client reporting sys- $3,000,000 for Shepherd College in these funds to be used for any purpose au- tem, analyze the data within two years, and Sheperdstown, West Virginia, to complete thorized under the HOME program should report to the Committees within 90 days of the renovation of the Scarborough Library; such authorization legislation not be enacted enactment of this Act on its progress.

VerDate 06-NOV-2001 03:58 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.090 pfrm02 PsN: H06PT1 H7816 CONGRESSIONAL RECORD — HOUSE November 6, 2001 In addition, the conferees are also pro- Includes $783,286,000 for section 202 housing instead of $145,000,000 as proposed by the viding $2,000,000 to continue the Depart- for the elderly as proposed by the House and House. Includes language allowing up to ment’s national homeless data analysis the Senate. Of this amount, $50,000,000 is for $16,000,000 in additional administrative con- project to document the demographics of service coordinators and congregate services tract expenses to be made available in cer- homelessness, identify patterns in utiliza- as proposed by the Senate instead of tain circumstances as proposed by the Sen- tion of assistance, and document the effec- $49,890,000 as proposed by the House; ate. The House did not propose similar lan- tiveness of the systems. The conferees be- $50,000,000 is for conversion of eligible section guage. lieve that it is critical to develop an 202 projects to assisted living as proposed by Transfers no less than $118,400,000 from ad- unduplicated count of the homeless popu- the Senate instead of $49,890,000 as proposed ministrative contract expenses under this lation and direct HUD to contract with expe- by the House; and up to $3,000,000 is for the account to the Working Capital Fund for the rienced academic institutions to analyze the renewal of expiring project rental assistance development and maintenance of informa- data and provide annual reports to the Com- for up to a one-year term, the same amount tion technology systems, instead of mittees on Appropriations. proposed by the House and the Senate. The $96,500,000 as proposed by the House. The The conferees expect that HUD field staff conferees direct HUD to issue a new NOFA to Senate proposed to transfer $160,000,000 from will oversee the implementation of homeless provide for up to three grants for the conver- this account and the general and special risk programs funded under this title. This over- sion of unused or underutilized commercial program account but did not designate the sight should include annual site visits and properties into assisted living facilities for amounts to be transferred from each ac- desk and field audits of a representative the elderly from funds provided for section count. sample of programs in each jurisdiction. 202 conversions. GENERAL AND SPECIAL RISK PROGRAM ACCOUNT Using this information, HUD should analyze Includes $240,865,000 for section 811 housing (INCLUDING TRANSFERS OF FUNDS) Annual Performance Reports and forward an for the disabled as proposed by the House in- Appropriates $15,000,000 for subsidy costs to annual plan for addressing problem areas. stead of $217,723,000 as proposed by the Sen- support certain multifamily and special pur- The conferees reiterate and endorse lan- ate. Of this amount, $23,142,000 is for the re- pose loan guarantee programs. The conferees guage in the House report regarding the Sec- newal of section 811 tenant-based rental as- agree that funding for subsidy costs is to be retary’s joint task force with the Secretary sistance as proposed by the House. Bill lan- allocated as follows: of Health and Human Services (HHS) to iden- guage is included clarifying the authoriza- —$6,919,000 for the section 221(d)(3) pro- tify and target each agency’s roles and re- tion of funds under this account for this pur- gram; sponsibilities in addressing the needs of the pose as proposed by the House. The Senate —$5,250,000 for the section 241(a) supple- homeless. Recognizing the fact that up to did not propose similar language and as- mental loans for apartments program; one-third of the homeless population are vet- sumed funds for this purpose would be pro- —$377,000 for the section 242 operating loss erans, the conferees believe that increased vided under the housing certificate fund ac- loans for apartments program; coordination is necessary between the De- count. In addition, up to $1,300,000 is provided —$377,000 for the section 232 operating loss partment of Veterans Affairs (VA) and HUD for the renewal of project rental assistance loans program; and to ensure each agency is fulfilling its appro- for up to a one-year term as proposed by the —$2,077,000 for the section 2 property im- priate mission. Therefore, the conferees urge House and the Senate. provements program. the Secretary to include the Secretary of The conferees reiterate direction included The conferees remind HUD that funds pro- Veterans Affairs in its task force discus- in the House report requiring HUD to review vided are to be used only for the programs sions. The conferees request that the Depart- and modify procedures to simplify the sec- specified above. The conferees direct HUD to ment keep the Committees apprised of these tion 811 application and review process. improve management and oversight of all efforts and provide a report, no later than Includes modified language transferring no programs within the general and special risk February 15, 2002, on its findings and rec- less than $1,200,000 to the Working Capital insurance fund to ensure these programs op- ommendations for changes in HUD programs. Fund for development and maintenance of erate in a financially sound manner. HUD is Further, the conferees reiterate the lan- information technology systems, instead of reminded that any deviations from the guage in the Senate report concerning the $1,000,000 as proposed by the House and amounts specified above for each of these Interagency Council on the Homeless (ICH), $3,000,000 as proposed by the Senate. programs is subject to reprogramming re- including placing the Council under the Do- Does not include bill language specifying quirements. The conferees are aware that concerns mestic Policy Office; rotating the Chairman- amounts for project rental assistance renew- have been raised about the calculation of ship among the Secretaries of HUD, HHS, als as proposed by the Senate. The House did credit subsidy for multifamily programs. Labor, and VA; requiring the members to not designate specific amounts for renewals The conferees understand that pursuant to meet at least semi-annually; and instructing in bill language. the Federal Credit Reform Act, the Office of the Council to quantify the number of their FLEXIBLE SUBSIDY FUND Management and Budget (OMB) is respon- mainstream program participants who be- (TRANSFER OF FUNDS) sible for developing the risk model used to come homeless, preventing homelessness, Includes language regarding the transfer of estimate the subsidy costs of all Federal and describing how they assist the homeless. excess rental charges to this fund as pro- credit programs, including FHA programs. The conferees continue to have questions posed by the House and the Senate. Therefore, in lieu of the language included in about out-year cost data on contract renew- the Senate report addressing this matter, als for the permanent housing programs for MANUFACTURED HOUSING FEES TRUST FUND the conferees expect HUD to work with the the homeless. Accordingly, the conferees di- Appropriates $13,566,000 for authorized ac- industry to review the technical assumptions rect the Department to include in its fiscal tivities from fees collected in the fund as provided by HUD to OMB for inclusion in the year 2003 budget justifications five-year pro- proposed by the House instead of $17,254,000 risk model. jections, delineated on an annual basis, of as proposed by the Senate. The conferees also expect HUD to upgrade the costs of renewing the permanent housing The conferees expect HUD to place a pri- its information technology systems for the component of the Supportive Housing Pro- ority on monitoring safety inspections of mutual mortgage insurance program account gram and separately, the Shelter Plus Care homes and the issuance of inspection labels and the general and special risk program ac- program. when determining the funding requirements count. HUD needs to be able to mark each The conferees reiterate language in the for this program during fiscal year 2002. The account to market at the end of each busi- Senate report directing HUD to ensure that conferees also reiterate the direction in- ness day, including the volume of loan busi- State and local jurisdictions that receive cluded in the Senate report requiring the use ness and the extent of financial risk and ex- homeless assistance funding pass on at least of all program fees to be fully identified in posure under each FHA mortgage insurance 50 percent of all administrative funds to the the fiscal year 2003 budget justifications. program, including the cost of all defaults nonprofits administering the homeless as- Includes language proposed by the House and foreclosures. The conferees remain dis- sistance programs. clarifying that fee collections shall fully off- set the expenditures from the fund. The Sen- appointed that HUD has not made the collec- SHELTER PLUS CARE RENEWALS ate did not propose similar language. tion of this information a priority since, as The conferees have included full funding of January 2001, HUD was responsible for FEDERAL HOUSING ADMINISTRATION for Shelter Plus Care renewals under the over $500 billion in insured mortgages. As de- homeless assistance grants account instead MUTUAL MORTGAGE INSURANCE PROGRAM mand for FHA single-family and multifamily of providing funds under this separate ac- ACCOUNT mortgage insurance grows, it is imperative count as proposed by the Senate. The House (INCLUDING TRANSFERS OF FUNDS) that HUD understand the magnitude of its fi- did not include funding for this account. Appropriates $336,700,000 for administrative nancial exposure and the extent of risk for HOUSING PROGRAMS expenses as proposed by the Senate instead loss. of $330,888,000 as proposed by the House. Appropriates $216,100,000 for administrative HOUSING FOR SPECIAL POPULATIONS Transfers $332,678,000 of this amount to the expenses as proposed by the Senate instead (INCLUDING TRANSFER OF FUNDS) salaries and expenses account as proposed by of $211,455,000 as proposed by the House. Appropriates $1,024,151,000 for housing for the Senate, instead of $326,866,000 as proposed Transfers $197,779,000 of this amount to the special populations as proposed by the House by the House. salaries and expenses account as proposed by instead of $1,001,009,000 as proposed by the Appropriates $160,000,000 for administrative the Senate, instead of $193,124,000 as proposed Senate. contract expenses as proposed by the Senate by the House.

VerDate 06-NOV-2001 03:58 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.091 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7817 Appropriates $144,000,000 for administrative amount, $20,250,000 is for FHIP, instead of Does not include language proposed by the contract expenses as proposed by the Senate $19,449,000 as proposed by the House and House making technical changes to the instead of $139,000,000 as proposed by the $24,000,000 as proposed by the Senate. Healthy Homes Initiative. The Senate did House. Includes language allowing up to While overall funding for this account is not propose similar changes. $14,400,000 in additional administrative con- provided at the fiscal year 2001 level, funding MANAGEMENT AND ADMINISTRATION tract expenses to be made available in cer- is no longer required for the Housing Dis- SALARIES AND EXPENSES tain circumstances as proposed by the Sen- crimination Survey which received $7,500,000 (INCLUDING TRANSFERS OF FUNDS) ate. The House did not propose similar lan- in fiscal year 2001. Rather than reduce the Appropriates $1,097,292,000 for salaries and guage. account to reflect this change, the conferees Transfers no less than $41,000,000 from ad- have instead agreed to allocate the $7,500,000 expenses instead of $1,076,800,000 as proposed by the House and $1,087,257,000 as proposed by ministrative contract expenses under this equally between FHAP and FHIP to augment the Senate. account to the Working Capital Fund for the their activities. The conferees expect the ad- Of the total amount provided, $530,457,000 is ditional funds allocated to FHAP to be used development and maintenance of informa- transferred from various FHA administrative tion technology systems, instead of to reduce the backlog in case processing. funds as proposed by the Senate, instead of In lieu of the direction included in the $33,500,000 as proposed by the House. The $520,000,000 as proposed by the House. Senate proposed to transfer $160,000,000 from House report, the conferees direct HUD to Includes language transferring $35,000 from this account and the mutual mortgage insur- expedite utilization of funds provided under the Native Hawaiian housing loan guarantee ance fund program account but did not des- this account and to report quarterly on the fund account as proposed by the Senate. The ignate the amounts to be transferred from obligation and expenditure of funds provided, House did not include a similar provision. each account. by program and activity, with the first re- Includes language providing not to exceed The conferees reiterate the direction in- port due no later than February 15, 2002. $25,000 for representation expenses, instead cluded in the Senate report requiring HUD to OFFICE OF LEAD HAZARD CONTROL of $7,000 as proposed by the House and Sen- immediately amend its Asset Control Area LEAD HAZARD REDUCTION ate. discount and appraisal structure so that The conferees agree that funds under this Appropriates $109,758,000 for lead hazard re- local governments and non-profit purchasers account are to be allocated among object can rehabilitate and resell these properties duction, as proposed by the House and the classes at the levels specified in the budget at rates affordable to low-income residents. Senate. justifications. HUD is reminded that any de- Of the amount provided, $3,500,000 is for a The conferees also reiterate the guidance in viations are subject to reprogramming re- one-time grant to the National Center for the Senate report regarding timely demoli- quirements. Lead-Safe Housing to develop a database co- tion of dilapidated homes and the payment The conferees reiterate the concerns ex- ordination project to integrate Federal, of demolition costs. pressed in the House report regarding HUD’s The conferees reiterate the recommenda- State and local lead activities, instead of approach to utilizing staff resources and the tion in the Senate report encouraging HUD $1,000,000 as proposed by the Senate. The continued excessive cost per HUD employee to bundle and sell defaulted loans through House did not propose a similar provision. as compared to other Federal agencies. The conferees agree to allocate funds as auction in non-Asset Control Areas. Therefore, modified bill language is included, follows: similar to language proposed by the House, GOVERNMENT NATIONAL MORTGAGE —$6,500,000 for Operation LEAP, a new ini- requiring the Secretary to submit a staffing ASSOCIATION (GNMA) tiative to provide competitive awards to plan to the Committees on Appropriations GUARANTEES OF MORTGAGE-BACKED SECURITIES non-profit organizations and the private sec- no later than January 15, 2002. The conferees LOAN GUARANTEE PROGRAM ACCOUNT tor for activities which leverage private-sec- expect this staffing plan to be formulated (INCLUDING TRANSFER OF FUNDS) tor resources for local lead hazard control based on the Resource Estimation and Allo- programs. The conferees direct HUD to pro- Appropriates $9,383,000 for administrative cation Process to match staffing require- vide an implementation plan for this new expenses to be transferred to the salaries and ments with programmatic responsibilities. initiative to the Committees on Appropria- expenses account as proposed by the House The plan should identify staffing levels for tions prior to the expenditure of these funds; and the Senate. each program delineated by headquarters —$80,000,000 for grants to State and local and field offices. The conferees also expect POLICY DEVELOPMENT AND RESEARCH governments, and Native American tribes, this plan to include strategies to reduce the RESEARCH AND TECHNOLOGY for lead-based paint abatement in private average salary cost per employee while re- Appropriates $50,250,000 for research and low-income housing; allocating staffing to address core mission technology instead of $46,900,000 as proposed —$9,758,000 for technical assistance and requirements. by the House and $53,404,000 as proposed by support to State and local agencies and pri- The conferees reiterate the direction in- the Senate. vate property owners; and cluded in the House report regarding the an- Includes $1,500,000 for the Millennial Hous- —$10,000,000 for the Healthy Homes Initia- nual budget justifications submission. ing Commission as proposed by the House. tive for competitive grants for research, The conferees reiterate the direction in- New language is included to extend the re- standards development, and education and cluded in the Senate report prohibiting HUD porting and termination dates for this com- outreach activities to address lead-based from employing more than 77 schedule C and mission. The Senate proposed $1,500,000 and paint poisoning and other housing-related 20 non-career senior executive service em- similar extension language under the sala- diseases and hazards. ployees. ries and expenses account. The conferees reiterate the House report The conferees note that the inability of Includes $1,000,000 for the Commission on language regarding consideration of a pro- HUD to provide useful data on program ex- Affordable Housing and Health Facility posal by the Alliance to End Childhood Lead penditures and performance has been a defi- Needs for Seniors in the 21st Century, and in- Poisoning to create a Community Environ- ciency perennially cited by the Inspector cludes new language to extend the reporting mental Health Resource Center (CEHRC) to General and General Accounting Office and termination dates for this commission. provide technical support, training, and edu- (GAO). The conferees remain committed to The House and the Senate did not address cation and outreach to community-based or- improving HUD’s capacity to disseminate this matter. ganizations to evaluate and control housing- useful information about the performance of Includes $8,750,000 for the Partnership for related and community-wide health hazards. HUD programs to improve the ability of Advancing Technology in Housing Initiative, While the conferees have not included an HUD and the Congress to assess the effec- instead of $7,500,000 as proposed by the House earmark for the new organization, the con- tiveness of programs and more accurately and $10,000,000 as proposed by the Senate. ferees encourage HUD to evaluate a proposal determine resource requirements. Therefore, The conferees assume $23,000,000 will be al- from the Alliance to create the CEHRC and the conferees expect that HUD’s information located to the Housing Survey in fiscal year provide a grant if warranted. technology (IT) strategy will prioritize those 2002, the same level proposed by the House The conferees encourage HUD to work investments needed to remedy the defi- and Senate. through the Healthy Homes Initiative with ciencies identified by the Inspector General The conferees reiterate the direction in- other appropriate Federal agencies to con- and GAO. Language has been included in var- cluded in the Senate report denying dem- duct research and public education on health ious accounts in title II transferring no less onstration authority without prior congres- hazards associated with mold, excess mois- than $351,150,000 to the Working Capital sional approval. ture, and dust. Fund (WCF) for the development and main- Language proposed by the Senate desig- The conferees also reiterate the direction tenance of information technology systems, nating $3,000,000 for program evaluation ac- included in the Senate report requiring HUD an increase of $16,850,000 above the fiscal tivities is not included. to develop a policy to link Federal edu- year 2001 level. HUD is directed to provide cation, outreach, and remediation efforts the Committees on Appropriations a fiscal FAIR HOUSING AND EQUAL OPPORTUNITY with State, local, non-profit, and private year 2002 spending plan for the WCF no later FAIR HOUSING ACTIVITIES funding. than January 15, 2002, consistent with the Appropriates $45,899,000 for the Fair Hous- Language proposed by the Senate ear- format of the multi-year IT plan submitted ing Assistance Program (FHAP) and the Fair marking $750,000 for CLEARCorps is not in- to the Committees on August 22, 2001. Housing Initiatives Program (FHIP) as pro- cluded. The House did not propose a similar The conferees understand that most of the posed by the House and the Senate. Of this provision. WCF increase requested for fiscal year 2002 is

VerDate 06-NOV-2001 03:58 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.093 pfrm02 PsN: H06PT1 H7818 CONGRESSIONAL RECORD — HOUSE November 6, 2001 for the planning and development activities OFHEO’s activities relative to implementa- some States which preclude full implementa- related to the re-competition of the HUD In- tion of the new risk-based capital regulation. tion of the statutory requirement that pub- tegrated Information Processing Service The conferees are aware that a one-year lic housing residents be full participants on (HIIPS) contract. To this point little infor- transition period has been provided for im- PHA boards. While language is again in- mation has been provided to the Committees plementation of this rule. Should additional cluded providing exemptions to this require- about HUD’s plans for re-competition of resources be required to implement this rule, ment, the conferees believe that the States HIIPS and the costs associated with imple- the conferees will evaluate such require- should take the appropriate actions nec- mentation of the HIIPS re-competition. ments when developing the fiscal year 2003 essary to remove barriers, rather than con- Therefore, HUD is directed to provide a com- budget. tinuing to seek exemptions from the statute. prehensive report on the strategy, status, ADMINISTRATIVE PROVISIONS The conferees direct HUD to review the sta- and out-year funding requirements for HIIPS tus of implementation of this requirement, Includes modified language related to the prior to the expenditure of any of the in- identify the factors precluding full imple- allocation of HOPWA funds for the Philadel- crease provided for fiscal year 2002. mentation and actions being taken by the phia, Pennsylvania and Raleigh-Durham, The conferees also reiterate the direction appropriate State or local entities to remove North Carolina metropolitan areas, similar included in the House report requiring HUD these barriers, and report its findings to the to language proposed by the House and the to submit a multi-year IT plan as part of its Committees on Appropriations no later than Senate. fiscal year 2003 budget submission. The con- Does not include language proposed by the May 30, 2002. Includes modified language requiring the ferees request that the Inspector General re- Senate extending section 236 excess income Secretary to maintain section 8 rental as- view this plan and provide its views to the eligibility. The House did not include a simi- sistance for any HUD-owned or HUD-held Committees on the ability of this plan to im- lar provision. property occupied by an elderly or disabled prove oversight and management of HUD Does not include language proposed by the resident, similar to language proposed by the programs. Senate amending section 223(d) of the Na- Senate. The House did not include a similar While the conferees do not adopt the lan- tional Housing Act to authorize insurance provision. guage in the Senate report related to the Of- for the purchase of existing hospital facili- Includes language proposed by the Senate fice of Multifamily Housing Assistance Re- ties. The House did not include a similar pro- amending the National Housing Act to in- structuring (OMHAR), the conferees are seri- vision. crease the statutory loan limits on certain ously concerned with the manner in which Includes language repealing the authoriza- FHA multifamily and single-family pro- OMHAR is currently being managed. The tion sunset provisions for certain housing grams. The House did not include a similar conferees are deeply disturbed to learn that counseling assistance activities as proposed provision. OMHAR, an office which has enjoyed a by the Senate. The House did not include a Does not include language proposed by the unique amount of autonomy in the manage- similar provision. Senate related to the construction of a tribal ment of its staffing and the allocation of its Includes language changing the premium student housing project. The House did not funds, has violated the Anti-Deficiency Act structure for section 203(k) and section 234 in two out of the three years of its existence. include a similar provision. single family loans as proposed by the House. Includes language modifying the author- As troubling to the conferees is the fact that The Senate proposed the same changes with the Committees on Appropriations were not ized purposes and availability of funds pro- minor technical language differences related vided to the University of South Carolina in notified of these violations sooner. The con- to implementation. ferees fully intend to investigate the cir- Public Law 106–554 as proposed by the Sen- Includes language authorizing the Sec- ate. The House did not include a similar pro- cumstances that led to these violations, and retary to waive the 40 percent rent ceiling will take action at the appropriate time. In vision. under section 8 for an assisted living dem- Includes language amending section 247 of the interim, the Department is directed to onstration project in Michigan as proposed revoke OMHAR’s funds allotment privileges the National Housing Act to change the defi- by the House. The Senate did not include a nitions and eligibility for single-family and provide vigorous financial and manage- similar provision. ment oversight of OMHAR. mortgage insurance on Hawaiian homelands Does not include language proposed by the as proposed by the Senate. The House did not OFFICE OF INSPECTOR GENERAL Senate expanding HUD’s authority to estab- include a similar provision. Appropriates $93,898,000 for the Office of In- lish and determine the appropriate use of Includes language waiving the environ- spector General as proposed by the House in- certain mortgage insurance programs for mental review procedures for certain HOME stead of $88,898,000 as proposed by the Senate. hospital facilities. The House did not include projects in Arkansas provided certain condi- Of this amount, $5,000,000 is provided by a similar provision. tions are met as proposed by the Senate. The transfer from the public housing operating Does not include language proposed by the House did not include a similar provision. fund account, instead of $10,000,000 as pro- Senate expanding HUD’s authority to estab- Includes language proposed by the Senate posed by the House. lish and determine the appropriate use of providing flexible use of existing HOPE VI Of the amount provided, $5,000,000 is exclu- certain mortgage insurance programs for funds awarded for the Hollander Ridge sively for anti-predatory lending and anti- nursing home facilities. The House did not project. The House did not include a similar flipping activities. These funds are to aug- include a similar provision. provision. ment, not supplant, funds already being de- Includes language authorizing HUD’s Cred- Does not include language proposed by the voted to such activities. The conferees ex- it Watch program as proposed by the Senate. Senate to change the Fair Housing Act’s def- pect that staff previously engaged in Oper- The House did not include a similar provi- inition of discrimination based on sex from ation Safe Home activities will be redirected sion. This provision will clarify existing law one based on gender to one based upon vic- to support these efforts. The OIG is directed to ensure that HUD has the authority to con- timization from domestic violence. The to submit a staffing plan to the Committees tinue to implement the Credit Watch pro- House did not include a similar provision. on Appropriations no later than January 15, gram. This program allows HUD to identify The conferees direct HUD to work with PHAs 2002. FHA lenders that originate a large number to develop plans to protect victims of domes- of loans that default quickly, which can be a CONSOLIDATED FEE FUND tic violence from being discriminated key indicator of underwriting problems or against in receiving or maintaining public (RESCISSION) fraud, and take corrective actions. By elimi- housing because of their victimization. Includes a rescission of $6,700,000 from the nating unqualified or unscrupulous lenders, TITLE III—INDEPENDENT AGENCIES Fund as proposed by the House and the Sen- the conferees hope HUD can reduce the num- ate. ber of foreclosed properties. The conferees AMERICAN BATTLE MONUMENTS COMMISSION SALARIES AND EXPENSES OFFICE OF FEDERAL HOUSING ENTERPRISE also believe that further action may be nec- OVERSIGHT essary to protect homebuyers and commu- Appropriates $35,466,000 for salaries and ex- nities, and expects HUD to consider addi- penses as proposed by the House instead of SALARIES AND EXPENSES tional steps that could be taken and report $28,466,000 as proposed by the Senate. Within (INCLUDING TRANSFER OF FUNDS) back to the appropriate committees with its the appropriated level, $2,000,000 has been Appropriates $27,000,000 for the Office of recommendations. provided to complete the backlogged mainte- Federal Housing Enterprise Oversight Includes language requiring all title II pro- nance work identified prior to fiscal year (OFHEO) to be derived from collections grams to comply with the Department of 1998. The conferees commend ABMC for its available in the Federal Housing Enterprise Housing and Urban Development Reform Act diligence in identifying, prioritizing, and Oversight Fund as proposed by the Senate of 1989 as proposed by the Senate. The House completing this necessary maintenance, and instead of $23,000,000 as proposed by the did not include a similar provision. expect the Commission to report to the Com- House. Of the amount provided, $4,000,000 is Includes modified language exempting mittees on Appropriations, prior to May 1st for a one-time increase to address informa- Alaska, Mississippi, and Iowa from the statu- of each fiscal year, on the current state of tion technology requirements. tory requirement of having a resident on the maintenance requirements throughout the Includes language requiring OFHEO to sub- board of a PHA, similar to language proposed cemetery system. mit a staffing plan to the Committees on Ap- by the Senate. The House did not include a The conferees have also provided an addi- propriations by January 30, 2002. The con- similar provision. The conferees are con- tional $5,000,000 above the budget request for ferees expect this staffing plan to prioritize cerned that barriers continue to exist in the study, planning, and initial construction November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7819 costs related to a new visitors center at the state and local governments, as well as con- $18,437,000 as proposed by the Senate. The Normandy American Cemetery and Memo- sumers, informed about their findings on the conferees agreed to include funds over the re- rial near St. Laurent-sur-Mer, France. The health effects associated with CCA-treated quest to complete construction of the pro- conferees are cognizant of the unique cir- wood playground equipment. posed columbarium. cumstances at the Normandy Cemetery, CORPORATION FOR NATIONAL AND DEPARTMENT OF HEALTH AND HUMAN which is both the solemn resting place for COMMUNITY SERVICE SERVICES 9,387 servicemen and women and a tourist NATIONAL AND COMMUNITY SERVICE PROGRAMS NATIONAL INSTITUTES OF HEALTH destination for in excess of 1,000,000 annual OPERATING EXPENSES visitors. Current visitor facilities are en- NATIONAL INSTITUTE OF ENVIRONMENTAL Appropriates $401,980,000 for national and HEALTH SCIENCES tirely inadequate to properly serve those in- community service program operating ex- dividuals in need of privacy and counseling, penses instead of $415,480,000 as proposed by Appropriates $70,228,000 for the National as well as those who wish to better under- the Senate. The House did not provide any Institute of Environmental Health Sciences stand the historical perspective of the bat- new funds for fiscal year 2002 operations, but as proposed by the House and the Senate. Of tles that occurred nearby. The conferees in- did not eliminate the agency. the appropriated amount, $45,824,000 is for re- tend that in the development of appropriate Limits funds as proposed by the Senate to search and $24,404,000 is for worker training plans regarding the placement, scope, and not more than: $31,000,000 for administrative activities. character of such a new visitor center, the expenses of which $2,000,000 is to be for a cost AGENCY FOR TOXIC SUBSTANCES AND DISEASE Commission consult with a variety of enti- accounting system; $2,500 for official recep- REGISTRY ties, including the National Park Service, tion and representation expenses; $5,000,000 TOXIC SUBSTANCES AND ENVIRONMENTAL which may have particular expertise with fa- from the National Service Trust for national PUBLIC HEALTH cilities of this nature. service scholarships for high school students performing community service; $240,492,000 Appropriates $78,235,000 for toxic sub- CHEMICAL SAFETY AND HAZARD stances and environmental public health as INVESTIGATION BOARD for AmeriCorp grants, of which not to exceed $47,000,000 may be for national direct pro- proposed by the House and the Senate. Bill SALARIES AND EXPENSES grams and $25,000,000 for E-Corps; $43,000,000 language has again this year been included Appropriates $7,850,000 for salaries and ex- for school-based and community-based serv- which permits the Administrator of the penses instead of $8,000,000 as proposed by the ice learning programs; $28,488,000 for quality Agency for Toxic Substances and Disease House and $7,621,000 as proposed by the Sen- and innovation activities under subtitle H of Registry (ATSDR) to conduct other appro- ate. Of the amount appropriated, $2,500,000 is title I; and $5,000,000 for audits and other priate health studies and evaluations or ac- available until September 30, 2003 and evaluations. tivities in lieu of health assessments pursu- $5,350,000 is available until September 20, The conferees have agreed to the Senate ant to section 104(i)(6) of the Comprehensive 2002. Bill language has been included again proposal of $25,000,000 for the National Civil- Environmental Response, Compensation, and this fiscal year which limits the number of ian Community Corps, an increase of Liability Act of 1980, as amended (CERCLA). career Senior Executive Service positions to $4,000,000 over fiscal year 2001. Additional The language further stipulates that in the three. funds are provided to expand the number of conduct of such other health assessments, DEPARTMENT OF THE TREASURY AmeriCorps members serving at the five evaluations or activities, the ATSDR shall campuses currently in operation. not be bound by the deadlines imposed in COMMUNITY DEVELOPMENT FINANCIAL The conferees deleted without prejudice section 104(i)(6)(A) of CERCLA. Funds pro- INSTITUTIONS funding for the Veterans Mission for Youth vided for fiscal year 2002 cannot be used by COMMUNITY DEVELOPMENT FINANCIAL Program as proposed by the Senate and the ATSDR to conduct in excess of 40 toxi- INSTITUTIONS FUND PROGRAM ACCOUNT agreed to not fund the Silver Scholarship cological profiles. Appropriates $80,000,000 for the Community program. The conferees believe the author- The conferees once again encourage Development Financial Institutions Fund as izing committees of jurisdiction should ATSDR to provide adequate funds for minor- proposed by the House instead of $100,000,000 evaluate and legislate these programs in the ity health professions and for the ongoing as proposed by the Senate. overall consideration of the Corporation’s re- health effects study on the consumption of Includes $5,000,000 for technical assistance authorization. Great Lakes fish. designed to benefit Native American commu- The conferees direct the Corporation to Finally, the conferees have again agreed to nities as proposed by the Senate instead of provide quarterly status reports to the Com- cap administrative costs charged by the CDC $500,000 as proposed by the House. The con- mittees, beginning in January 2002, on the at 7.5 percent of the amount appropriated ferees agree that Native Hawaiian and Alas- implementation of the new cost accounting herein for the ATSDR. system and on the expenditure of awards kan Native communities are eligible entities ENVIRONMENTAL PROTECTION AGENCY for this program. under the Trust Fund. The Corporation Provides $9,500,000 for administrative ex- should also provide a copy of the Trust Fund SCIENCE AND TECHNOLOGY penses instead of $8,948,000 as proposed by the award report to the IG. The conferees agree Appropriates $698,089,000 for science and House and $9,850,000 as proposed by the Sen- to the Senate proposal to provide not more technology instead of $680,410,000 as proposed ate. than $10,000,000 for the Points of Light Foun- by the House and $665,672,000 as proposed by Provides for a limitation on the amount of dation of which $2,500,000 may be used for es- the Senate. direct loans of $51,800,000 as proposed by the tablishment of an endowment; authorizes the The conferees have agreed to the following Senate, instead of $15,000,000 as proposed by Points of Light Foundation to use up to increases above the budget request: $2,500,000 of previously appropriated funds for the House. 1. $2,500,000 for EPSCoR; this endowment; $7,500,000 for America’s The conferees agree with the direction of 2. $4,000,000 for the Water Environment Re- Promise; $5,000,000 for Communities In the Senate calling for inclusion of a report search Foundation; Schools; $2,500,000 for the YMCA; $1,000,000 on rural lending practices as part of the fis- 3. $5,000,000 for the American Water Works for Teach For America; and $1,500,000 for cal year 2003 budget submission. Association Research Foundation; Parents As Teachers. In addition, the con- 4. $2,000,000 for the National Decentralized CONSUMER PRODUCT SAFETY ferees provide $1,500,000 for the Youth Life Water Resource Capacity Development COMMISSION Foundation (YLF) for the same purposes Project, in coordination with EPA, for con- SALARIES AND EXPENSES contained in the fiscal year 2001 Statement tinued training and research and develop- Appropriates $55,200,000 for the Consumer of Managers (House Report 106–988). The con- ment program; Product Safety Commission, salaries and ex- ferees also expect YLF to continue its effort 5. $750,000 for the Integrated Public/Private penses, instead of $54,200,000 as proposed by in coordinating and collaborating its activi- Energy and Environmental Consortium the House and $56,200,000 as proposed by the ties with America’s Promise. (IPEC) to develop cost-effective environ- Senate. The amount provided represents a OFFICE OF INSPECTOR GENERAL mental technology, improved business prac- $1,000,000 increase above the budget request Appropriates $5,000,000 for Office of Inspec- tices, and technology transfer for the domes- to maintain the current level of staffing and tor General as proposed by both the House tic petroleum industry; operational expenses. and the Senate. 6. $750,000 for the Geothermal Heat Pump The conferees are aware of public concerns U.S. COURT OF APPEALS FOR VETERANS Consortium (GHP); about the potential health and safety risks CLAIMS 7. $500,000 for the Consortium for Plant related to the use of chromated copper arse- SALARIES AND EXPENSES Biotechnology Research; nate (CCA) to treat wood playground equip- Appropriates $13,221,000 for salaries and ex- 8. $1,000,000 for the Center for the Study of ment. To this end, the conferees direct CPSC penses as proposed by both the House and the Metals in the Environment; to report to the Committees on Appropria- Senate. 9. $750,000 for the University of South Ala- tions by February 15, 2002, on the steps being bama, Center for Estuarine Research; DEPARTMENT OF DEFENSE—CIVIL taken to identify whether there are signifi- 10. $500,000 to the University of California, cant health and safety risks to children play- CEMETERIAL EXPENSES, ARMY Riverside for continued research of advanced ing on and around CCA-treated wood play- SALARIES AND EXPENSES vehicle design, advanced transportation sys- ground equipment. Such report shall also in- Appropriates $22,537,000 for salaries and ex- tems, vehicle emissions, and atmospheric clude the actions CPSC is taking to keep penses as proposed by the House instead of pollution at the CE–CERT facility;

VerDate 06-NOV-2001 03:58 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.096 pfrm02 PsN: H06PT1 H7820 CONGRESSIONAL RECORD — HOUSE November 6, 2001 11. $750,000 for the San Bernardino Valley 34. $100,000 for a study of air quality and titative Structure Activity Relationships Municipal Water District for research and noise pollution of the neighborhoods sur- (QSAR), for potential inclusion in EPA’s cur- design (cost evaluation and environmental rounding LaGuardia Airport; rent and future relevant chemical evaluation studies) of a mitigation project addressing 35. $500,000 to Rockland County, New York programs. Activities funded in this regard the city’s contaminated high groundwater for an assessment of environmental hazards should be designed in consultation with the table and dangers presented by liquefaction; in Rockland county and the east side of Man- Office of Pollution Prevention and Toxic 12. $750,000 to the City of San Bernardino hattan; Substances. Municipal Water Department’s Enhanced Re- 36. $1,000,000 for continuation of the South The conferees continue to support the liability System of Improvements for water Bronx Air Pollution Study being conducted partnership between the EPA and the Na- distribution and storage in San Bernardino, by New York University; tional Technology Transfer Center and ex- California; 37. $1,500,000 to Syracuse University, New pect the Agency to continue the cooperative 13. $1,000,000 to improve the transmission, York to develop alternative approaches to agreement at the fiscal year 2001 level. distribution, and storage of potable water in assessing the impact of pollutants on envi- ENVIRONMENTAL PROGRAMS AND MANAGEMENT the City of Needles, California; ronmental systems; 14. $750,000 for planning, design, and devel- 38. $500,000 to the Syracuse Research Cor- Appropriates $2,054,511,000 for environ- opment of a groundwater storage system in poration in Syracuse, New York for the de- mental programs and management instead of the City of San Bernardino, California; velopment of a Probability Risk Assessment $2,004,599,000 as proposed by the House and 15. $750,000 to the City of Glendale, Cali- Center; $2,061,996,200 as proposed by the Senate. fornia working in conjunction with the Utah 39. $500,000 to the Rivers and Estuaries Cen- The conferees have agreed to the following State University in Logan, Utah, the Univer- ter on the Hudson in New York for research increases to the budget request: sity of Colorado in Boulder, and UCLA for a on river and estuarine environments; 1. $16,000,000 for rural water technical as- research study and pilot treatment plant fo- 40. $1,257,000 to the Environmental Tech- sistance activities and ground water protec- cused on the removal of chromium 6 from nology Commercialization Center in Cleve- tion with distribution as follows: $9,000,000 water; land, Ohio for the National Environmental for the NRWA; $3,500,000 for RCAP; $750,000 16. $750,000 to the Central California Air Technology Incubator and technology com- for GWPC; $1,750,000 for Small Flows Clear- Quality Coalition for a California Regional mercialization activities; inghouse; and $1,000,000 for the NETC; Sacramento and San Francisco Bay Air 41. $1,000,000 to Saint Vincent College in 2. $1,000,000 for implementation of the Na- Quality study for ozone; Pennsylvania for an environmental edu- tional Biosolids Partnership Program; 17. $1,300,000 for the National Jewish Med- 3. $2,000,000 for the source water protection ical and Research Center for research on the cation and teacher preparation initiative; 42. $750,000 for a collaborative effort be- program; relationship between indoor and outdoor pol- 4. $5,000,000 to accelerate the development lution and the development of respiratory tween the University of Tennessee, Western Carolina University and Emory University of new and update current IRIS values; diseases; 5. $1,750,000 for Chesapeake Bay small wa- 18. $1,500,000 for the Connecticut River for the Air Quality Improvements for the Great Smoky Mountains National Park Ini- tershed grants, to be expended as specified in Airshed-Watershed Consortium; Senate Report 107–43. This increase, along 19. $1,250,000 to the University of Miami in tiative; with EPA’s redirection of $698,700 in fiscal Florida for the Rosenstiel School of Marine 43. $1,500,000 for the Mickey Leland Na- year 2001 EPM funds to the Chesapeake Bay and Atmospheric Science; tional Urban Air Toxics Research Center; 20. $500,000 for the creation of a Center for 44. $1,000,000 for the Gulf Coast Hazardous Program for fiscal year 2002 will result in a Environmental Science, a joint project of Substance Research Center; total of $21,267,400 available in fiscal year the University of Chicago and Argonne Na- 45. $350,000 to the Texas Institute for Ap- 2002 for the Chesapeake Bay Program. This tional Laboratory; plied Environmental Research at Tarleton amount is $539,300 above the fiscal year 2001 21. $1,000,000 for environmental education State University; level; and research at the Turtle Cove Research 46. $3,500,000 to the University of Houston, 6. $537,600 for the Great Lakes National Station, Louisiana; Texas for the Texas Learning Computation Program Office for a total program level of 22. $1,000,000 for the Center for Urban Envi- Center’s Environmental Initiative; $15,500,000; ronmental Research and Education at the 47. $1,500,000 to the National Environ- 7. $5,500,000 for the National Estuary Pro- University of Maryland Baltimore County; mental Policy Institute for implementation gram for a total program level of $22,553,200. 23. $250,000 to the University of New Eng- of a pilot program to address air quality and The conferees recommend that a minimum land for the National Center for Marine pollution in a region through the use of of 65 percent of the funds provided for the Mammal Rehabilitation and Research in telework; National Estuary Program be reserved for Biddeford, Maine; 48. $100,000 for the University of Vermont’s programs in the estuaries of national signifi- 24. $1,250,000 for the Great Lakes Proctor Maple Research Center to continue cance for which the Administrator has con- Hydrological Center of Excellence partner- mercury deposition monitoring effects; vened a management conference by the date ship by Western Michigan University and the 49. $250,000 for acid rain research at the of enactment of this appropriation Act pur- Environmental Research Institute of Michi- University of Vermont; suant to section 320 of the Federal Water gan; 50. $1,300,000 for the Canaan Valley Insti- Pollution Control Act, as amended, for the 25. $500,000 for the Missouri River Institute tute to continue to develop a regional sus- development and implementation of a com- for research and outreach; tainability support center and coordinated prehensive conservation and management 26. $3,900,000 for the Mine Waste Tech- information system in the Mid-Atlantic plan; nology Program at the National Environ- Highlands; 8. $1,545,200 for the Lake Champlain Basin mental Waste Technology, Testing, and 51. $970,000 for the Canaan Valley Institute Program for a total program level of Evaluation Center; in close coordination with the Regional Vul- $2,500,000; 27. $500,000 to the University of North Caro- nerability and Assessment (ReVA) initiative 9. $2,022,600 for the Long Island Sound Pro- lina at Greensboro for the Bioterrorism to develop research and educational tools gram Office for a total program level of Water Quality Protection Program with the using integrative technologies to predict fu- $2,500,000; aim of developing highly automated and in- ture environmental risk and support in- 10. $2,500,000 for the National Alternative expensive testing protocols; 28. $1,500,000 to the University of North formed, proactive decision-making to be un- Fuels Training Consortium; Carolina at Chapel Hill for the Schools of dertaken in conjunction with the Highlands 11. $200,000 for the Northeast Waste Man- Public Health and Medicine to advance the action program; and agement Officials Association to continue ‘‘one atmosphere’’ approach to determining 52. $500,000 for the National Energy Tech- solid waste, hazardous waste, cleanup and the health effects of air pollution; nology Laboratory for continued activities pollution prevention programs; 29. $1,200,000 for the Center for Air Toxic of a comprehensive clean water initiative in 12. $500,000 for the Kenai River Center for Metals at the Energy and Environmental Re- cooperation with EPA Region III. continued research on watershed issues; search Center; The conferees have provided an additional 13. $1,000,000 for the Columbia Basin 30. $500,000 to the University of Nebraska- $68,200 for civil enforcement and capacity Groundwater Management Area; Lincoln’s Water Sciences Laboratory at the building activities, bringing the fiscal year 14. $1,000,000 for the Frank M. Tejeda Cen- Water Center for field and laboratory equip- 2002 funding level for those programs to no ter for Excellence in Environmental Oper- ment; less than the fiscal year 2001 level. ations; 31. $500,000 to the University of New Hamp- The conferees have agreed to reduce fund- 15. $4,700,000 for America’s Clean Water shire for groundwater contamination re- ing for hazardous waste research $1,494,100 Foundation for implementation of on-farm search conducted at the Bedrock Bioremedi- below the budget request level. environmental assessments for livestock op- ation Center; The conferees have agreed to provide erations; 32. $750,000 for the Cancer Institute of New $4,000,000 from within available funds 16. $850,000 for the Southcoast Harbor edu- Jersey for research of the influence of envi- throughout the Science and Technology ac- cation and monitoring project; ronmental factors in cancer causation; count, for the research, development, and 17. $2,500,000 for the Southwest Center for 33. $1,000,000 for the National Environ- validation of non-animal, alternative chem- Environmental Research and Policy; mental Respiratory Center at the Lovelace ical screening and prioritization methods, 18. $250,000 for the Northwest Straits Com- Respiratory Research Institute; such as rapid, non-animal screens and Quan- mission;

VerDate 06-NOV-2001 03:58 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.099 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7821 19. $4,000,000 for the Small Public Water 42. $1,000,000 to the Water Systems Council mental Community Revitalization and Re- System Technology Centers at Western Ken- to assist in the effective delivery of water to search Initiative as a demonstration pro- tucky University, the University of New rural citizens nationwide; gram; Hampshire, the University of Alaska-Sitka; 43. $750,000 for the painting and coating as- 69. $200,000 to the Borough of Rutherford, Pennsylvania State University, the Univer- sistance initiative through the University of New Jersey for an engineering study of the sity of Missouri-Columbia, Montana State Northern Iowa; area’s sanitary sewer collection system; University, the University of Illinois, and 44. $750,000 for the Center for Agricultural 70. $13,600 for the water quality monitoring Mississippi State University, with each Cen- and Rural Development at Iowa State Uni- program along the New Jersey-New York ter to receive $500,000; versity for the Resource and Agricultural shoreline for a total of $300,000; 20. $1,000,000 to the Gas Technology Insti- Policy Systems program; 71. $1,500,000 to continue the sediment de- tute for the Agricultural Mixed Waste Ther- 45. $500,000 for the Small Business Pollu- contamination technology demonstration in mo-Depolymerization BioRefinery Project; tion Prevention Center at the University of the New York-New Jersey Harbor; 21. $700,000 for the Alabama Department of Northern Iowa; 72. $100,000 for Fallon, Nevada, for arsenic Environmental Management for the water 46. $1,000,000 for Boise State University for removal technologies; and wastewater training program; developing multipurpose sensors to detect 73. $750,000 to Alfred University of Alfred, 22. $500,000 to the Pima County Wastewater and analyze environmental contaminants; New York for the Center for Environmental Management Department for a regional 47. $900,000 for the Environmental Bio- and Energy Research (CEER); water quality research project in Arizona; technology Institute at the University of 74. $250,000 to the Town of Babylon, New 23. $300,000 to Riverside County, California Idaho to develop selenium control tech- York for a feasibility study on expanding the for continued work on the Special Area Man- nologies; Southwest Sewer District; agement Plan portion of the Riverside Coun- 48. $2,000,000 for the Coeur d’Alene Basin 75. $500,000 for the development of an Envi- ty Integrated Plan; Commission, established by the State of ronmental Leadership Institute at Niagara 24. $500,000 to the San Joaquin River Ex- Idaho to carry out pilot program for environ- University, New York; change Contractors Authority for the devel- mental response, natural resource restora- 76. $250,000 to the Rochester Institute of opment, planning and design of watershed tion and related activities; Technology (RIT) to create a National Mate- restoration projects; 49. $500,000 to the Lake County, Illinois rials Recovery and Recycling Center of Ex- 25. $750,000 to Ventura County, California Stormwater Management Commission for an cellence; for the completion and implementation of assessment of natural resources in the Upper 77. $1,500,000 for continued work on the the Calleguas Creek Watershed Management Des Plaines River watershed; water quality management plans for the Plan; 50. $500,000 to Raccoon Lake, Centralia, Il- Central New York watersheds in Onondaga 26. $250,000 to establish a Santa Ana River linois for implementation of a water supply and Cayuga counties; Watershed Research and Training Program plan including engineering and design costs; 78. $500,000 to Cornell University in New at the Water Resources Institute of Cali- 51. $500,000 to Purdue University in Indiana York for a demonstration project in fornia State University, San Bernardino; for the Contaminant Remediation Optimiza- Skaneateles, Otisco and Oneida Lake Water- 27. $500,000 to the Sacramento County, tion Program (CROP); sheds to study the effectiveness of biological California Regional Sanitation District to 52. $200,000 to the City of Shreveport, Lou- controls in addressing the environmental continue the Sacramento River Toxic Pol- isiana to provide technical support for the and ecological problems caused by milfoil, lutant Control Program and the Sacramento Mayor’s Clean Air Citizens Advisory Com- waterchestnuts and other aquatic weeds; River Watershed Program; mittee; 79. $150,000 to the State University of New 28. $500,000 to the National Park Service/ 53. $100,000 for a regional water and sewer York’s Environmental School of Forestry for Golden Gate National Parks Association for consolidation study in St. Bernard Parish, the Otisco Lake Watershed Evaluation the Crissy Field tidal marsh wetlands moni- Louisiana; Project; toring and restoration project; 54. $4,000,000 for the Lake Pontchartrain 80. $1,400,000 for the Ohio River Watershed 29. $500,000 for MTBE remedial activities in Basin Restoration Program; Pollutant Reduction Program; Santa Monica, California; 55. $200,000 for a study of air quality in the 81. $500,000 for the Integrated Petroleum 30. $500,000 for cross-media and water qual- Shreve-Bossier area of Louisiana; Environmental Consortium; ity monitoring in the Sweetwater River wa- 56. $500,000 to the University of Maryland 82. $100,000 to the City of Altus, Oklahoma tershed, California; for the Regional Earth Sciences Center and to conduct environmental engineering stud- 31. $500,000 for Gateway Cities, California, mapping of wetlands in the Chesapeake Bay ies for the expansion of water treatment fa- diesel emissions reduction program; watershed; cilities; 32. $250,000 for the Central California ozone 57. $750,000 for the Maryland Bureau of 83. $130,000 to the City of Lancaster, Penn- study; Mines for an acid mine drainage remediation sylvania for lead screening, testing, out- 33. $250,000 to Miami-Dade County, Florida project; reach, education and abatement; for lead screening, testing, outreach edu- 58. $1,000,000 for projects demonstrating the 84. $500,000 for the Brazos-Navasota water- cation and abatement in the Liberty City benefits of Low Impact Development along shed management project; neighborhood; the Anacostia Watershed in Montgomery and 85. $250,000 for the Envision Utah Project; 34. $200,000 to Miami-Dade County, Florida Prince Georges Counties, Maryland; 86. $250,000 for the Vermont Department of to expand the existing environmental edu- 59. $500,000 for the Michigan Biotechnology Agriculture to work with conservation dis- cation program; Institute for development and demonstration tricts to reduce non-point source pollution 35. $500,000 to the Southwest Water Man- of environmental cleanup technologies; run-off to the Poultney-Mettowee watershed; agement for fishery and habitat restoration 60. $500,000 to the Cranbrook Education 87. $500,000 to King County, Washington for in Lake Panasoffkee, Florida; Community to implement a storm water the Direct Carbonate Fuel Cell Demonstra- 36. $850,000 for the University of West Flor- management plan within the Upper Rouge tion Project; ida to determine if a connection exists be- River watershed; 88. $500,000 to Franklin, Grant, and Adams tween elevated levels of illness in Northwest 61. $1,000,000 for the Food and Agriculture Counties to support the Groundwater Man- Florida and the levels of toxic pollutants in Policy Research Institute’s Missouri water- agement Area in Washington State; the area; shed initiative project; 89. $50,000 to the Lake Washington Tech- 37. $1,500,000 to Columbus Water Works in 62. $500,000 for the City of Lake St. Louis, nical College—Redmond campus for the next Georgia for an Advanced Biosolids Flow- Missouri for a Water Quality study of phase of the environmental assessment of a Through Thermophilic Treatment Process Peruque Creek Watershed; DoD site; demonstration project; 63. $300,000 to Mecklenburg County, North 90. $1,750,000 to the Green Bay Metropolitan 38. $100,000 for the American Farmland Carolina for the continuation and expansion Sewerage District in Wisconsin for a bio- Trust to continue support for the design for of the Charlotte Surface Water Improvement solids treatment demonstration project; the environment for farms program in Ha- and Management program; 91. $600,000 for a two year study of sewer waii and the American Pacific; 64. $850,000 for continued activities of the system improvements for Superior, Wis- 39. $400,000 for the County of Hawaii and North Carolina Central University research consin; the Hawaii Island Economic Development initiative; 92. $1,230,000 for on-going activities at the Board to establish and implement a commu- 65. $400,000 to Wake County, North Carolina Canaan Valley Institute, including activities nity development model for renewable re- for planning, environmental analysis and de- relating to community sustainability; source management by upgrading solid waste sign of a watershed management plan; 93. $300,000 for the continued implementa- transfer stations into community recycling 66. $250,000 to the Crop Life Foundation for tion of the Potomac River Visions Initiative centers; a North Carolina Environmental Steward- through the Friends of the Potomac; 40. $500,000 for the Economic Development ship Project; 94. $200,000 to the Polymer Alliance Zone’s Alliance of Hawaii to promote biotechnology 67. $750,000 to the Town of Rosman, North MARCEE Initiative with oversight being to reduce pesticide use in tropical and sub- Carolina for the development of engineering provided by the Office of Solid Waste. tropical agricultural production; plans for addressing the Town’s wastewater The conferees have also included an in- 41. $250,000 for the County of Maui for the infrastructure needs; crease of $8,664,000 for enforcement activities control of nuisance seaweed accumulations 68. $250,000 to Rowan University in conducted by the EPA through the Environ- on the beaches of Kihei, Maui, Hawaii; Glassboro, New Jersey for the Environ- mental Programs and Management account.

VerDate 06-NOV-2001 03:58 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.100 pfrm02 PsN: H06PT1 H7822 CONGRESSIONAL RECORD — HOUSE November 6, 2001 Agency-wide, the conferees have restored provisions of Federal and State Universal identified through public comments and sci- $15,001,100 for enforcement programs and ac- Waste Rules. The program is to be developed entific documentation. The conferees expect tivities conducted through the Science and jointly with State environmental agencies, the Agency to expedite the review of any re- Technology, Hazardous Substance Super- and with lamp manufacturers and lamp recy- quests for exemptions that may result in the fund, and Environmental Programs and Man- clers, either as individual companies, or col- management of certain residues and mix- agement accounts, bringing the Agency lectively through their trade associations. tures as non-hazardous waste, and to finalize funding total for enforcement to slightly The conferees have provided the full budg- those exemptions only where science sup- more than the fiscal year 2001 level. The con- et request for the Endocrine Disrupter ports such a determination. ferees expect the Agency to restore federal Screening Program and direct that no reduc- The conferees agree that unspent funds enforcement positions in accordance with tions be proposed in the operating plan sub- made available in prior year appropriation the fiscal year 2001 Operating Plan. The con- mission for this important program. In addi- Acts for certain activities or projects in ferees recognize that restoring these enforce- tion, the conferees are encouraged that the Cortland County, New York may be used to ment positions may result in the on-board Agency is establishing the Endocrine fund additional projects specifically in that personnel level at EPA to exceed 17,500 Disruptor Methods Validation Subcommittee county. FTEs. (EDMVS) of the National Advisory Council The conferees are aware of public concerns The conferees have agreed to the following for Environmental Policy (NACEPT). The about the potential health and safety risks reductions from the budget request: EDMVS will provide a means by which inter- related to the use of chromated copper arse- 1. $1,322,900 from Administrative Services; ested parties can participate to express their nate (CCA) to treat wood playground equip- 2. $2,097,800 from Direct Public Information concerns and work to ensure a scientifically ment. To this end, the conferees direct EPA and Assistance; sound validation process for the animal and to report to the Committees on Appropria- 3. $2,298,700 from Public Access programs; non-animal based screens and tests in the de- tions by February 15, 2002, on the steps being 4. $2,581,200 from Regional Management ac- veloping program. The conferees urge EPA taken to identify whether there are signifi- tivities; to develop validation processes that incor- cant health and safety risks to children play- 5. $2,896,400 from Reinvention programs; porate the advice of the EDMVS, and the ing on and around CCA-treated wood play- 6. $3,234,800 from Project XL; and Agency is requested to provide a report to ground equipment. Such report shall also in- 7. $11,260,200 as a general reduction. the Committees on Appropriations on the clude the actions EPA is taking to keep The conferees direct the Agency to provide status of the EDMVS by March 15, 2002. state and local governments, as well as the no less than the fiscal year 2001 funding level The conferees are aware of the extraor- public, informed about their findings on the for continuing operation of the Environ- dinary success the military services have health effects associated with CCA-treated mental Education programs. achieved in recent years by utilizing pulse wood playground equipment. The conferees have, within available funds, technology in vehicles and equipment. This The conferees are aware of significant and provided $2,000,000 for the eight Environ- technology has contributed to significant increasing water quality and water quantity mental Finance Centers. This represents an cost savings in battery management pro- problems along the Fox River watershed in increase of $751,000 over the budget request grams and has enhanced the ability of the Kane, McHenry, Lake, Kendall, DeKalb, and for this excellent program. Also within military services to increase the effective- LaSalle Counties, Illinois. The conferees available funds, the Agency is directed to ness of their environmental responsibilities urge that available funds to EPA be used to provide $3,000,000 above the budget request through the extension of the service life of initiate the development of aggregated wa- level for implementation of the High Produc- its batteries. In light of this success of the tershed data, a watershed-wide Geographic tion Volume Chemical Challenge Program; military, the conferees expect EPA to ac- Information System (GIS), overall watershed $200,000 for setting standards and to increase tively investigate the environmental and water quality assessment and modeling, and awareness of the benefits of ambient tem- monetary benefits that could be realized by a framework for facilitating a comprehen- perature glass technology; and $500,000 for encouraging government-wide use of pulse sive watershed management plan. Any the Association of Metropolitan Sewerage technology in the maintenance of the federal grants made by EPA for this project should Agencies to provide information to the vehicle fleet and other applicable equipment. be provided to the Illinois EPA. wastewater treatment industry regarding se- In August 2000, EPA published an assess- curity measures, and to facilitate commu- ment of the state of the streams of the Mid- OFFICE OF INSPECTOR GENERAL nication and coordination between the Atlantic Highlands area. Because of the im- Appropriates $34,019,000 for the Office of In- wastewater treatment industry and relevant portance of the Mid-Atlantic Highlands and spector General as proposed by the House governmental agencies in order to increase the success of the aforementioned assess- and the Senate. In addition to amounts ap- security at wastewater facilities throughout ment, the conferees direct the Agency to pre- propriated directly to the OIG, $11,867,000 is the nation. pare a follow-up report on the state of the also available by transfer from funds appro- Again this year, the Agency is directed to Mid-Atlantic Highlands as a whole by April priated for Hazardous Substance Superfund. provide no less than the budget request lev- 15, 2002. Further, consistent with the House BUILDINGS AND FACILITIES els for Pesticide Registration and Re-reg- Report accompanying H.R. 2620, the Admin- Appropriates $25,318,000 for buildings and istration programs. Further, up to $9,000,000 istrator is expected to enter into an inter- facilities as proposed by the House. requested to support 87 FTEs in the re-reg- agency agreement with other federal agen- HAZARDOUS SUBSTANCE SUPERFUND istration program may be used to support cies and cooperative agreements with states, tolerance reassessment activities. Bill lan- local governments and non-governmental or- (INCLUDING TRANSFERS OF FUNDS) guage has again been included in title IV, ganizations to carry out the goals of the Appropriates $1,270,000,000 for hazardous General Provisions, prohibiting funds for use Mid-Atlantic Highlands program. substance superfund as proposed by the to promulgate a final regulation to imple- The conferees note that EPA’s August 1, House instead of $1,274,645,560 as proposed by ment changes in the payment of pesticide 2001, draft report on ‘‘The National Costs of the Senate. Bill language provides that tolerance processing fees as proposed at 64 the Total Maximum Daily Load Program’’ $635,000,000 of the appropriated amount is to Federal Register 31040, or any similar pro- does not provide any information on the cost be derived from the Superfund Trust Fund, posal. Finally, the conferees direct the Agen- of regulatory changes to the TMDL program while the remaining $635,000,000 is to be de- cy to use $1,500,000 from within available on small businesses, notwithstanding spe- rived from General Revenues of the Treas- funds (other than those funds budgeted and cific language in the statement of managers ury. Additional language provides for the provided specifically for registration, re-reg- accompanying the fiscal year 2001 appropria- transfer of $11,867,000 to the Office of Inspec- istration, and tolerance assessment activi- tions Act directing EPA to conduct that tor General, and for the transfer of $36,891,000 ties) to further demonstrate the current, as analysis. The conferees intend EPA to esti- to the Science and Technology account as well as the proposed expanded role of the mate the cost to small businesses from im- proposed by the House instead of $36,890,500 Agency, regarding the expedited review and plementation of that rule, whether those as proposed by the Senate. registration of reduced risk pesticides. The costs are imposed directly by EPA or indi- The conferees have agreed to the following Agency is urged to provide for the Commit- rectly by State programs implementing EPA fiscal year 2002 funding levels: tees on Appropriations a detailed report on regulations. 1. $910,070,000 for Superfund response and the results of this demonstration and any The conferees continue to support efforts cleanup activities. specific plans the Agency may have to ex- being undertaken by state energy, environ- 2. $139,346,000 for enforcement activities. pand the program. mental, utility and transportation agencies 3. $133,000,000 for management and support. The conferees have provided, also from to integrate their programs, policies, and 4. $11,867,000 for transfer to the Office of In- within available funds, $2,000,000 for the Ad- regulations. The conferees encourage the rel- spector General. ministrator to develop and carry out a lamp evant federal agencies to actively support 5. $36,891,000 for research and development recycling outreach program. In order to in- and participate in this effort. activities, to be transferred to the Science crease awareness of proper disposal methods The conferees are aware that controversy and Technology account. among commercial and industrial users of has surrounded adoption of EPA’s mixture 6. $38,826,000 for reimbursable interagency energy efficient mercury-containing lamps, and derived-from rules. In its adoption of a activities, including $28,150,000 for the De- including fluorescent and high discharge final rule in May 2001, EPA expressed its in- partment of Justice and $10,676,000 for OSHA, lamps, this program should be used to pro- tent to continue to pursue actions to provide FEMA, NOAA, the United States Coast mote lamp recycling, in compliance with the exemptions for certain low-risk wastes as Guard, and the Department of the Interior.

VerDate 06-NOV-2001 03:58 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.102 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7823 The conferees have agreed to provide the As in previous years, the conferees have in- for Franklin County, Pennsylvania may be budget request level of $97,651,600 for the cluded bill language which stipulates that spent for other such water and wastewater Brownfields program, which includes funding none of the funds provided in this or any pre- infrastructure projects in that county. from various programs within the Hazardous vious years’ Act for the Safe Drinking Water The distribution of funds under this pro- Substance Superfund account (totaling SRF may be reserved by the Administrator gram is as follows: $94,977,400) and the Environmental Programs for health effects studies on drinking water 1. $1,800,000 of the Ketchikan Gateway Bor- and Management account. The conferees fur- contaminants. The conferees have instead ough, Alaska for sewer and water improve- ther agree that the fiscal year 2001 funding provided significant resources for such stud- ments; levels for the SITE program and for the haz- ies within EPA’s Science and Technology ac- 2. $1,000,000 for Pelican, Alaska water and ardous substance research centers be main- count. sewer improvements; tained for fiscal year 2002. The conferees have included bill language 3. $1,800,000 for Petersburg, Alaska for Once again this year, the conferees support which will allow the Agency to use undesig- water and sewer upgrades; the national pilot worker training program nated funds appropriated in prior years for 4. $3,000,000 for the Girdwood, Alaska water which recruits and trains young persons who specific water and wastewater grants ap- extension; live near hazardous waste sites or in commu- proved for fiscal year 2002, but have not in- 5. $3,000,000 for addressing above ground nities at risk of exposure to contaminated cluded a provision authorizing the expendi- leaking fuel tanks in Alaska; properties for work in the environmental ture of funds for a new State Enforcement 6. $1,500,000 for Wasilla, Alaska water and field. The conferees direct EPA to continue Grant program. Although the conferees are sewer improvements; funding this effort in cooperation and col- generally supportive of state grant pro- 7. $900,000 to the City of Sitka, Alaska for laboration with the National Institute of En- grams, it is believed that additional time is water and wastewater infrastructure im- vironmental Health Sciences. needed for the Agency to review and refine provements for the Sawmill Cove Industrial The conferees agree that $100,000,000 of the this proposal for inclusion in a future budget Park; appropriated amount shall not become avail- submission. The conferees note that this ac- 8. $500,000 to Tuscaloosa County, Alabama able until September 1, 2002. tion to disapprove inclusion of this new pro- for countywide water and sewer facilities; gram has been taken without prejudice. 9. $1,000,000 for the Southeast Alabama Re- LEAKING UNDERGROUND STORAGE TANK Of the funds provided for the United gional Water Authority for a water facility PROGRAM States-Mexico Border program, $7,000,000 is project; Appropriates $73,000,000 for the leaking un- for the El Paso desalination and water sup- 10. $600,000 for Grant, Alabama for waste- derground storage tank program instead of ply project, and $2,000,000 is for the Browns- water collection and treatment facilities; $79,200,000 as proposed by the House and ville, Texas water supply project. 11. $1,000,000 for the City of Jackson, Ala- $71,947,400 as proposed by the Senate. Of the amount provided through categor- bama for water system improvements; OIL SPILL RESPONSE ical grants for air resource assistance grants 12. $450,000 to Blount County, Alabama for Appropriates $15,000,000 for oil spill re- under sections 103 and 105 of the Clean Air a wastewater treatment and collection sys- sponse as proposed by the House instead of Act, as amended, $10,000,000, an increase of tems; $14,986,000 as proposed by the Senate. $5,000,000 above the budget request, is for sec- 13. $1,900,000 to Rainsville, Alabama for a tion 103 grants to the states to develop re- wastewater treatment facility upgrade and STATE AND TRIBAL ASSISTANCE GRANTS gional haze programs under title I, part C of expansion; Appropriates $3,733,276,000 for state and the Clean Air Act. It is the intention of the 14. $500,000 to Arab, Alabama for sewer in- tribal assistance grants instead of conferees that these funds be used to aid frastructure improvements; $3,436,899,000 as proposed by the House and states in the development of emissions in- 15. $300,000 to Guin, Alabama for sewer in- $3,603,015,900 as proposed by the Senate. Bill ventories, quantification of natural visi- frastructure improvements; language specifically provides $1,350,000,000 bility conditions, monitoring and other data 16. $250,000 to Franklin County, Alabama for Clean Water State Revolving Fund (SRF) necessary to define reasonable progress and for water infrastructure improvements; capitalization grants; $850,000,000 for Safe develop control strategies, and to support 17. $300,000 to Sumiton, Alabama for water Drinking Water SRF capitalization grants; the states’ participation in regional efforts system infrastructure improvements; $75,000,000 for the United States-Mexico Bor- to coordinate their strategies, where nec- 18. $350,000 to Sardis City, Alabama for der program; $40,000,000 for grants to address essary, and at the election of the individual sewer infrastructure improvements; drinking water and wastewater infrastruc- states. The conferees direct the Agency to 19. $900,000 to Shelby County, Alabama for ture needs in rural and Alaska Native com- disburse the funds for the regional haze pro- wastewater infrastructure improvements; munities; $1,074,376,000 for categorical grants gram to the States’ regional planning orga- 20. $2,500,000 to the Alabama Regional to the states and tribes; $343,900,000 for cost- nizations within 30 days of receipt of com- Water Authority for the Southwest Alabama shared grants for construction of water and pleted grant applications. Rural/Municipal Water System; wastewater treatment facilities and infra- In addition, the conferees have provided 21. $1,000,000 to the Town of Citronelle, Ala- structure and for groundwater protection in- $8,000,000 above the budget request for sec- bama South Alabama Utilities for water in- frastructure; and $25,000,000 for a new Envi- tion 105 air resource assistance grants, frastructure improvements in Mobile Coun- ronmental Information Exchange Network $22,593,600 above the budget submission for ty; grant program. section 106 water pollution grants and 22. $500,000 to the City of Jackson, Alabama The conferees have included bill language $8,000,000 above the budget submission for for construction of a water treatment facil- which, for fiscal year 2002, authorizes the Ad- the new Beach Environmental Assessment ity; ministrator of the EPA to use funds appro- and Coastal Health Act (BEACH) grant pro- 23. $250,000 to the Town of Fulton, Alabama priated pursuant to the Federal Water Pollu- gram. The conferees have agreed to provide for wastewater infrastructure improvements; tion Control Act (FWPCA) to make grants to the budget request level for section 319 non- 24. $500,000 to the Mobile County Water, Indian tribes pursuant to section 319(h) and point source pollution grants. Sewer and Fire Protection Authority for 518(e) of FWPCA. In addition, bill language The conferees agree that the $343,900,000, construction of new facilities and upgrades has been adopted which, (1) will permit the together with unallocated funds made avail- to existing facilities; states to include as principal amounts con- able in prior appropriations Acts for commu- 25. $750,000 to the City of Brewton, Ala- sidered to be the cost of administering SRF nities or other governmental entities for bama for drainage infrastructure improve- loans to eligible borrowers, with certain lim- construction of water and wastewater treat- ments; itations; (2) permits the Administrator to re- ment facilities and infrastructure and for 26. $1,000,000 to the City of Huntsville, Ala- serve up to 11⁄2 percent of the funds appro- groundwater protection infrastructure, shall bama for water system improvements; priated for the SRF under title VI of the be accompanied by a cost-share requirement 27. $1,000,000 to Hartselle Utilities for FWPCA for grants under section 518(c) of whereby 45 percent of a project’s cost is to be wastewater infrastructure in the City of that Act; (3) for fiscal year 2002, authorizes the responsibility of the community or enti- Hartselle, Alabama; the states to transfer funds between the ty consistent with long-standing guidelines 28. $1,000,000 to the City of Tuscumbia, Ala- Clean Water and Safe Drinking Water SRF of the Agency. These guidelines also offer bama for drinking water infrastructure im- programs; and (4) stipulates that no funds flexibility in the application of the cost- provements; provided in the Act to address water infra- share requirement for those few cir- 29. $500,000 to the Limestone County Water structure needs of colonias within the United cumstances when meeting the 45 percent re- and Sewer Authority for drinking water in- States along the United States-Mexico bor- quirement is not financially possible. The frastructure improvements; der shall be made available to a county or Agency is commended for its past efforts in 30. $500,000 to the West Morgan-East Law- municipal government unless that govern- working with communities and other enti- rence Water Authority for drinking water in- mental entity has established an enforceable ties to resolve problems in this regard, and it frastructure improvements; ordinance or rule which prevents the devel- is expected that this high level of effort and 31. $115,000 to the City of Luverne, Alabama opment or construction of any additional flexibility will continue throughout fiscal for water and wastewater infrastructure im- colonia areas, or the development within an year 2002. In addition, the conferees agree provements; existing colonia of any new home, business, that unspent water and wastewater infra- 32. $485,000 to the Clay County, Alabama or other structure which lacks water, waste- structure funds totaling approximately Water Authority for water and wastewater water, or other necessary infrastructure. $164,000 provided in a prior appropriation Act infrastructure improvements;

VerDate 06-NOV-2001 03:58 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.104 pfrm02 PsN: H06PT1 H7824 CONGRESSIONAL RECORD — HOUSE November 6, 2001 33. $2,000,000 for Union County, Arkansas 63. $250,000 to the City of Pico Rivera, Cali- 91. $485,000 to fund the Central Florida Aq- for a community drinking water system; fornia for repairs and upgrades of the sewage uifer Recharge Enhancement Program—Sur- 34. $250,000 to the City of Menifee, Arkan- system; face Water Recharge Projects; sas for wastewater infrastructure improve- 64. $540,000 to the City of Lathrop, Cali- 92. $9,650,000 to the Florida Department of ments; fornia to address contamination of the Sharp Environmental Protection for the Tampa 35. $1,000,000 for the State of Arizona Water Depot well; Bay, Florida regional reservoir infrastruc- Infrastructure Finance Authority for mak- 65. $250,000 to Mariposa County, California ture project; ing a loan to the City of Safford, Arizona to for infrastructure improvements to the Yo- 93. $2,000,000 for the City of Roswell, Geor- address the city’s wastewater needs, which semite West wastewater treatment and dis- gia, Big Creek Watershed drinking water and will be repaid by the city to the Arizona posal facility; sewer infrastructure needs; Clean Water Revolving Fund under title VI 66. $900,000 to the City of Huntington 94. $900,000 to Paulding County, Georgia for of the Federal Water Pollution Control Act, Beach, California for the Huntington Beach the Richland Creek Reservoir Project; as amended; Environmental Infrastructure Project; 95. $500,000 to the Guam Waterworks Au- 36. $500,000 for the Santa Rosa, California, 67. $675,000 to the City of South Gate, Cali- thority for upgrades to the ground water drinking water infrastructure needs; fornia for wastewater infrastructure im- chlorination system; 37. $500,000 for the Los Banos, California, provements; 96. $1,000,000 for the County of Hawaii to wastewater and drinking water infrastruc- 68. $350,000 to the City of Garden Grove, upgrade its drinking water system; ture project; California for construction of the Yockey/ 97. $1,985,000 for the City of Des Moines, 38. $500,000 for Compton, California, sewer Newland Storm Drain; Iowa for wastewater and stormwater infra- infrastructure needs; 69. $485,000 to the City of Santa Rosa, Cali- structure improvements; 39. $1,175,000 for Sacramento, California, fornia for the Santa Rosa Geysers Reclaimed 98. $2,400,000 to the City of Mason City, combined sewer system improvements; Water project; Iowa for upgrades to its water treatment fa- 40. $850,000 for the Placer County, Cali- 70. $250,000 to the County of Ventura, Cali- cilities; fornia, wastewater treatment project; fornia for wastewater infrastructure needs in 99. $750,000 for the City of Bancroft, Idaho, 41. $500,000 for Lake County, California, for El Rio; for water system upgrades; the Clear Lake Basin 2000 project; 71. $1,485,000 for the Towns of Naturita and 100. $750,000 for the City of Burley, Idaho, 42. $2,800,000 for the Olivenhain, California Nucia, Colorado for drinking water infra- to continue work on a wastewater treatment drinking water project; structure improvements; system project; 43. $500,000 for Oxnard, California, area 72. $1,000,000 for the City of Montrose, Colo- 101. $250,000 to the Bayview Water and drinking water infrastructure needs; rado for the Montrose Wastewater Inflow and Sewer District in Idaho for the Cape Horn 44. $400,000 to the City of Colton, California Infiltration project; Area Clean Water Compliance Project; for storm drain improvements; 73. $2,400,000 to the City of New Britain, 102. $250,000 to the City of Filner, Idaho for 45. $900,000 to the Mission Springs Water Connecticut for water and sewer infrastruc- construction of a municipal water system; District in California to protect groundwater ture needs; 103. $500,000 for Rock Falls, Illinois, waste- 74. $485,000 to the Central Naugatuck Val- in the City of Desert Hot Springs; water treatment improvements; 46. $250,000 to the City of Modesto, Cali- ley Council of Governments for water and 104. $500,000 for Illinois’ Clark-Edgar Rural fornia for replacement of the 9th Street wastewater infrastructure improvements in Water District drinking water project; storm drain; the towns of Waterbury, Wolcott, and 105. $500,000 for the Monmouth, Illinois, 47. $900,000 to the City of Laguna Beach, Middlebury, Connecticut; storm sewer project; Orange County, California for water and 75. $1,800,000 to the District of Columbia 106. $985,000 for Galena, Illinois, wastewater wastewater infrastructure improvements; Water and Sewer Authority to mitigate com- treatment improvements; 48. $100,000 to the Calaveras County Water bined sewer overflows into the Anacostia and 107. $500,000 for the City of Paris, Illinois, District, California for water infrastructure Potomac Rivers; for drinking water infrastructure needs; improvements at the West Point Water Sys- 76. $2,000,000 for the Town of Millsboro, 108. $500,000 for the City of Macomb, Illi- tem; Delaware, for wastewater infrastructure nois, for drinking water infrastructure 49. $150,000 to the Tuolumne Utilities Dis- needs; needs; 77. $2,000,000 for Eastern Orange and Semi- trict of Tuolumne County, California for 109. $1,000,000 for the City of Lawrenceville, nole Counties, Florida, for wastewater treat- water supply infrastructure improvements Illinois for a wastewater treatment facility; ment upgrades; and a canal optimization study; 110. $485,000 to the Village of Orland Park, 78. $900,000 to the City of Clearwater, Flor- 50. $1,800,000 to the Cities of Arcadia and Illinois for wastewater infrastructure im- ida for water and wastewater infrastructure Sierra Madre, California for seismic infra- provements; improvements; 111. $485,000 to the City of Moline, Illinois structure upgrades to the drinking-water de- 79. $485,000 to St Johns County, Florida for for the City’s Water Improvement Project; livery system; septic tank replacement in the West Augus- 51. $485,000 to the Metropolitan Water Dis- 112. $1,800,000 to the City of Aurora, Illinois tine community; trict of Southern California for the Desalina- 80. $250,000 to the City of Jacksonville, for a combined sewer overflow project; 113. $250,000 to the City of Sandwich, Illi- tion Research and Innovation Partnership Florida for extension of public water hook- nois for wastewater and stormwater infra- project; ups; 52. $485,000 to the City of Redding, Cali- 81. $485,000 to Hillsborough County, Florida structure improvements; fornia for water and wastewater infrastruc- for water and wastewater infrastructure im- 114. $900,000 to the Village of Carol Stream, ture improvements for the Stillwater Indus- provements; Illinois for expansion of the Carol Stream trial Park; 82. $4,000,000 to Miami-Dade County, Flor- Reclamation Center; 53. $900,000 to the City of Bellflower, Cali- ida for water and wastewater infrastructure 115. $485,000 to the City of Chrisman, Illi- fornia for a water infrastructure project; improvements; nois for construction of a new sewage treat- 54. $500,000 for the continuation of water 83. $675,000 to the City of West Palm Beach, ment plant; infrastructure improvements in Twentynine Florida for completion of the IPR/Renais- 116. $900,000 to the Village of Metamora, Il- Palms, California; sance project, a wetlands-based indirect po- linois for water and wastewater infrastruc- 55. $250,000 for the Warren Valley Basin Re- table water and wastewater reuse program; ture improvements; charge/Reuse project in Yucca Valley, Cali- 84. $250,000 for the Central Florida Artifi- 117. $250,000 to the Village of Justice, Illi- fornia; cial Enhancement Program/Lake Marden Re- nois for a water infrastructure improvement 56. $500,000 for the Lower Owens River charge Project; project at the Wesley Fields water system; Project in Inyo County, California; 85. $800,000 to the City of Opa-locka, Flor- 118. $485,000 to the Village of Johnsburg, Il- 57. $500,000 for the completion of water in- ida for drinking water, wastewater and sewer linois for construction of a wastewater con- frastructure improvements in the Yucaipa infrastructure improvements; veyance and treatment system; Valley Water District in Yucaipa, California; 86. $500,000 to the City of North Miami, 119. $900,000 for the City of Fort Wayne, In- 58. $250,000 for the development of a water Florida for drinking water, wastewater and diana for a model sewer improvement and master plan to serve the water infrastruc- sewer infrastructure improvements; stormwater retention project; ture needs of the City of Hesperia, Cali- 87. $500,000 to the City of North Miami 120. $630,000 to the Town of Westfield, Indi- fornia; Beach, Florida for drinking water, waste- ana for a sewer system improvement project; 59. $500,000 for planning and design of a water and sewer infrastructure improve- 121. $300,000 to the City of Carmel, Indiana sewage treatment and water reclamation fa- ments in the Highland Village neighborhood; for infrastructure improvements and an ul- cility in Apple Valley, California; 88. $500,000 to the City of South Miami, traviolet disinfection system; 60. $500,000 for environmental engineering Florida for drinking water, wastewater and 122. $485,000 to Merrillville Conservancy and preliminary design of a regional water sewer infrastructure improvements; District in Merrillville, Indiana for waste- recycling facility in Victorville, California; 89. $900,000 to Sarasota County, Florida for water infrastructure improvements; 61. $485,000 to the City of Compton, Cali- the Phillippi Creek Septic Tank replacement 123. $1,000,000 for the City of Hays, Kansas fornia for the Willowbrook Water Main In- project; for the South Russell County Water Project; frastructure project; 90. $900,000 to the City of Boca Raton, Flor- 124. $485,000 to the City of Ottawa, Kansas 62. $675,000 to the City of Brea, California ida for upgrades to the water treatment for the engineering and design of a new for wastewater infrastructure improvements; plant; wastewater treatment facility;

VerDate 06-NOV-2001 03:58 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.106 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7825 125. $500,000 to the City of Wichita, Kansas 154. $500,000 for the City of Calais, Maine to 185. $1,485,000 for Henderson, North Caro- for wastewater infrastructure rehabilitation; develop a safe drinking water system; lina for the second phase rehabilitation and 126. $1,000,000 for Daviess County, Ken- 155. $3,000,000 for the City of Negaunee, expansion of the water treatment facilities tucky, for drainage improvements; Michigan, for wastewater treatment up- of the Kerr Lake Regional Water System; 127. $485,000 to Bluegrass PRIDE of Ken- grades; 186. $485,000 to the Town of Mooresville, tucky for cleanup of Bluegrass Rivers and 156. $1,000,000 for the Genesee County, North Carolina Water Treatment Plant for Streams; Michigan, wastewater treatment project; infrastructure improvements; 128. $300,000 to the City of Lawrenceburg, 157. $900,000 to the City of Bad Axe, Michi- 187. $675,000 to the County of Union, North Kentucky for water and wastewater infra- gan for water and wastewater infrastructure Carolina for water infrastructure improve- structure improvements; improvements; ments; 129. $200,000 to the City of Irvine, Kentucky 158. $1,800,000 for continuation of the Rouge 188. $1,000,000 to the Town of Pittsboro in for the Irvine Sewer Rehabilitation in Estill River National Wet Weather Demonstration Chatham County, North Carolina for a water County; Project; reuse pumping station; 130. $600,000 to the City of Hodgenville, 159. $900,000 to the City of Grand Rapids, 189. $1,300,000 to Cherokee County, North Kentucky for modernization of the sewer Michigan for combined sewer overflow infra- Carolina for the interconnection of the water system; structure improvements for the National distribution systems of the Towns of An- 131. $400,000 to the City of Mount Wash- Pollutant Discharge Elimination System; drews and Murphy; ington, Kentucky for extension of water and 160. $675,000 to the Village of Almont, 190. $500,000 to the Town of Burnsville, wastewater infrastructure for an industrial Michigan for mitigation of combined sewer North Carolina for wastewater infrastruc- park; overflows and sanitary sewer overflows into ture improvements; 191. $1,000,000 for the Grand Forks, North 132. $250,000 to the City of Owenton, Ken- the north branch of the Clinton River; tucky for extension of sanitary wastewater 161. $485,000 to the Detroit, Michigan Water Dakota, water treatment plant; 192. $2,000,000 for the Williston, North Da- collection systems; and Sewerage Department for water and kota, drinking water infrastructure project; 133. $3,600,000 to the City of Somerset, Ken- wastewater infrastructure improvements; 193. $1,000,000 for Lincoln, Nebraska for tucky for wastewater infrastructure im- 162. $2,175,000 to Oakland County, Michigan wastewater management; provements; for infrastructure improvements within the 194. $1,250,000 to the City of Omaha, Ne- 134. $1,400,000 to the City of London, Ken- George W. Kuhn Drainage District; braska to upgrade sewer and sanitary water tucky for wastewater infrastructure im- 163. $1,500,000 to the City of Farmington, infrastructure; provements; Michigan to reline a wastewater pipeline; 195. $1,500,000 for the City of Berlin, New 135. $485,000 to Ohio County, Kentucky for 164. $1,000,000 for wastewater infrastructure Hampshire for water infrastructure improve- the Regional Wastewater project; needs of Minnesota’s Mille Lacs regional ments; 136. $2,000,000 for the Orleans Parish, Lou- wastewater treatment plant; 196. $500,000 for Salem, New Hampshire to isiana, sanitary sewer inflow infiltration 165. $2,000,000 for West Bottoms, Missouri, remediate the contamination of private project; stormwater improvements; wells; 137. $500,000 for East Baton Rouge Parish, 166. $250,000 for wastewater treatment plan- 197. $1,000,000 for Jaffrey, New Hampshire, Louisiana, water and sewer infrastructure ning for South Two-Mile Prairie, Missouri; for a wastewater treatment facility; needs; 167. $1,500,000 for the City of Lebanon, Mis- 198. $900,000 to the City of Nashua, New 138. $485,000 to the City of Denham Springs, souri, for wastewater infrastructure im- Hampshire for a combined sewer overflow Louisiana for wastewater infrastructure up- provements; program; grades at the Livingston Parish sewer dis- 168. $400,000 for Bates County Commission, 199. $3,500,000 to the City of Manchester, tricts Nos. 1 and 2; Missouri, to coordinate and implement ef- New Hampshire for a combined sewer over- 139. $900,000 to St. Charles Parish, Lou- forts to assist local municipalities address flow project; isiana to address noncompliance issues re- their drinking water needs; 200. $1,000,000 for Vernon Township, New garding Luling Oxidation Pond; 169. $1,500,000 for Camden County Missouri Jersey, for wastewater infrastructure im- 140. $200,000 to St. John the Baptist Parish, Public Waste Water facility for sewer and provements; Louisiana for water and wastewater infra- water improvements; 201. $1,000,000 for Camden, New Jersey, structure improvements; 170. $1,500,000 for the City of Cape sewer infrastructure needs; 141. $900,000 to St. Bernard Parish, Lou- Girardeau, Missouri for waste water and 202. $400,000 to Fanwood Township, New isiana for water and wastewater infrastruc- sewer improvements; Jersey for sewage system sanitary improve- ture improvements; 171. $2,000,000 for the City of St Louis, Mis- ments; 142. $300,000 to the City of New Iberia, Lou- souri Metropolitan Sewer District for ongo- 203. $2,500,000 to the Passaic Valley Sewer- isiana for water and wastewater infrastruc- ing improvements; age Commission for continued work on ture improvements; 172. $2,000,000 for the City of Kansas City, wastewater treatment program; 143 $100,000 to St. James Parish, Louisiana Missouri for Phase II stormwater sewer sys- 204. $2,000,000 to the Musconetcong Sewer- for water and wastewater infrastructure im- tem in the Central Industrial District; age Authority in New Jersey to assist the provements; 173. $2,000,000 for the Table Rock Lake plant in accommodating sewage from Hopat- 144. $200,000 to the Bayou Lafourche Fresh- Wastewater Initiative in Missouri as a Na- cong and Jefferson Township; 205. $485,000 for wastewater infrastructure water District for drinking water improve- tional Community Decentralized Demonstra- improvements for Strawbridge Lake in ments and saltwater intrusion prevention; tion Project; Moorestown, New Jersey; 145. $100,000 to the City of Thibodaux, Lou- 174. $585,000 to the Clarence Cannon Whole- 206. $1,200,000 for the Dona Ana Mutual Do- isiana for water and wastewater infrastruc- sale Water Commission of Northeast Mis- mestic Water Consumers Association of New ture improvements; souri for water infrastructure improvements; Mexico to upgrade water systems; 146. $2,000,000 for the Bristol County, Mas- 175. $4,000,000 for Jefferson County, Mis- 207. $750,000 for the City of Gallup, New sachusetts, combined sewer overflow sissippi for a water and sewer improvements Mexico, to upgrade its wastewater treatment projects; project; plant; 147. $350,000 to the City of Lowell, Massa- 176. $3,000,000 for the City of Ocean Springs, 208. $3,800,000 for the North and South Val- chusetts for combined sewer overflow infra- Mississippi for wastewater improvements; ley of the City of Albuquerque and the Coun- structure support; 177. $900,000 to the City of Columbus, Mis- ty of Bernalillo, New Mexico for a regional 148. $485,000 to the Pioneer Valley Planning sissippi for wastewater treatment infrastruc- and wastewater project; Commission for mitigation of combined ture improvements; 209. $1,350,000 to the City of Bayard, Village sewer overflows along the Connecticut River; 178. $485,000 to the City of Jackson, Mis- of Santa Clara & Ft. Bayard State Hospital 149. $4,800,000 for biological nutrient re- sissippi for water and wastewater infrastruc- in New Mexico for the regional effluent re- moval upgrades at the City of Salisbury, ture improvements; use plan; Maryland, wastewater treatment plant; 179. $585,000 to the City of Picayune, Mis- 210. $1,350,000 to the Village of Ruidoso, 150. $500,000 for biological nutrient removal sissippi for water and wastewater infrastruc- New Mexico for the water infrastructure ex- upgrades at the Conococheague wastewater ture improvements; pansion plan; treatment plant, Washington County, Mary- 180. $900,000 to the City of Tupelo, Mis- 211. $900,000 to the City of Belen, New Mex- land; sissippi for wastewater improvements; ico for the wastewater facilities improve- 151. $485,000 to the Hartford County, Mary- 181. $1,500,000 for Lewis and Clark County, ments program; land Division of Water and Sewer for a water Montana for a wastewater development 212. $300,000 to Santa Fe County, New Mex- and wastewater extension for the Oaklyn project; ico to assist in the development of their Manor and Manorville Road communities; 182. $200,000 for Deer Lodge, Montana, Small Community Water Systems; 152. $900,000 to the City of Cambridge, sewer infrastructure needs; 213. $300,000 to the Town of Bernalillo, New Maryland for a Biological Nutrient Removal 183. $500,000 for the Galen Campus sewer Mexico for a wastewater system improve- upgrade project and a combined sewer over- upgrade project in Anaconda, Montana; ment project; flow project; 184. $2,000,000 for the City of Florence, 214. $200,000 to the City of Moriarity, New 153. $2,000,000 for Vinalhaven, Maine for Montana, for wastewater treatment improve- Mexico for water and wastewater infrastruc- wastewater infrastructure improvements; ments; ture improvements;

VerDate 06-NOV-2001 04:09 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.109 pfrm02 PsN: H06PT1 H7826 CONGRESSIONAL RECORD — HOUSE November 6, 2001 215. $100,000 to the Acequia Madre De 246. $200,000 to the City of Urbana, Ohio for 274. $150,000 to Pocono Jackson Point Carnuel of New Mexico for the creation of a water infrastructure upgrades; Water Authority for extension and upgrade community water system in the Community 247. $1,300,000 to the City of Toledo, Ohio of the authority’s drinking water system of Carnuel, Tijeras, New Mexico; for ongoing efforts to upgrade its wastewater serving Monroe County, Pennsylvania; 216. $4,500,000 for the City of Fallon, Nevada treatment infrastructure; 275. $100,000 to Pike County, Pennsylvania for drinking water facility construction; 248. $700,000 to Fulton County, Ohio for the for the engineering and design of a central- 217. $485,000 to the City of Fallon, Nevada extension of public water and sewer lines to ized sewer system in the Borough of for construction of an arsenic treatment fa- the Village of Tedrow from Wauseon, Ohio; Matamoras; cility; 249. $750,000 to the Village of Luckey, Ohio 276. $500,000 to the Municipality of 218. $300,000 to the City of Henderson, Ne- for wastewater and combined sewer overflow Guanica, Puerto Rico for wastewater infra- vada for water and wastewater infrastruc- infrastructure improvements; structure improvements; ture improvements; 250. $750,000 to Ottawa County, Ohio for 277. $3,250,000 for the Narragansett Bay 219. $1,000,000 for drinking water infrastruc- sanitary sewer infrastructure improvements Commission, Rhode Island, for the combined ture needs in the New York City watershed; for the Village of Clay Center; sewer overflow project; 220. $485,000 to the Village of Whitney 251. $500,000 to the City of Bowling Green, 278. $500,000 for the Town of Warren, Rhode Point, New York for the Whitney Point Ohio for sewer treatment plant infrastruc- Island, for sewer infrastructure needs; Wastewater Collection and Treatment Sys- ture improvements; 279. $485,000 to the Town of Cumberland, tem Project; 252. $900,000 to the Northeast Ohio Regional Rhode Island for water and wastewater infra- 221. $900,000 to Rockland County, New York Sewer District for the Doan Brook Water- structure improvements; for extension of water and wastewater infra- shed Area in Ohio for continued development 280. $2,000,000 for West Georgetown, South structure of the Western Ramapo Sewer Dis- of a storm water abatement system in the Carolina, regional wastewater treatment trict; Doan Brook Watershed Area of Ohio; system; 281. $1,000,000 for the Laurens, South Caro- 222. $35,000 to the Narrowsburg Water and 253. $720,000 to the City of Martins Ferry, lina, water and sewer commission; Sewer District to replace two sand filter beds Ohio to provide a water pump to extend the 282. $900,000 to the Laurens County, South servicing the Town of Tusten, Sullivan Coun- water system; Carolina Water and Sewer Commission for ty, New York; 254. $765,000 to Harrison County, Ohio for a relocation of water lines as part of the SC 223. $675,000 to the Town of East Fishkill, water tank and lines in the county industrial Route 72 corridor multilane widening New York for drinking water infrastructure park; improvements; project; 255. $387,625 to the Village of Laurelville, 283. $1,000,000 for a Gravity Wastewater 224. $675,000 to the Town of New Windsor, Ohio for improvements at the wastewater New York for upgrades to the existing sew- Collection System in the Snowden and 6– treatment facility; Mile Communities in Charleston County, age treatment plant; 256. $485,000 to Trumbell County, Ohio for 225. $900,000 to the Town and Village of South Carolina; wastewater infrastructure improvements to 284. $485,000 to Berkeley County, South Harrison, New York for water and waste- the Belmont Avenue Sanitary Sewer System; water infrastructure improvements; Carolina for a water extension project to 257. $2,000,000 for the City of Lawton, Okla- Cross Community Schools; 226. $300,000 to the Village of Larchmont, homa for the rehabilitation of its wastewater New York for storm water regulation com- 285. $900,000 to the City of Florence, South infrastructure; Carolina for the Pee Dee River surface water pliance as a member of the Long Island 258. $900,000 to the City of Normon, Okla- Sound Watershed Intermunicipal Council; facility; homa for expansion of wastewater treatment 286. $2,000,000 to the Greenville Water Sys- 227. $250,000 to the Village of Hewlett Har- facilities; tem of South Carolina for infrastructure bor, New York for drainage improvements; 259. $1,000,000 for the Lower John Day Re- 228. $100,000 to the Village of Antwerp, New needs related to high levels of uranium in gion in Oregon for a water and wastewater the water supply; York to develop a municipal water system; treatment facilities; 229. $200,000 to the Village of Sloan, New 287. $900,000 for North Sioux City, South 260. $1,250,000 for the City of Portland, Or- York for water and wastewater infrastruc- Dakota, water and sewer infrastructure egon wet weather demonstration project; ture improvements; needs; 261. $485,000 to Clackamas County, Oregon 288. $2,000,000 for Aberdeen, South Dakota, 230. $1,350,000 to the City of Buffalo, New for surface water infrastructure improve- drinking water facility improvements; York Department of Public Works for re- ments; 289. $1,200,000 for Hill City, South Dakota, placement of water lines; 262. $385,000 to the City of Medford, Oregon water and sewer infrastructure needs; 231. $1,800,000 to the Town of Clarence, New for construction of water and wastewater 290. $535,000 to North Valley and Summer York for wastewater treatment infrastruc- treatment facilities and groundwater protec- City Utility Districts for to extend water ture improvements in the area of Clarence tion infrastructure project program; service to Bledsoe County, Tennessee; Hollow; 291. $200,000 to Sequachie County, Ten- 232. $485,000 to Saratoga County, New York 263. $1,000,000 for the Coudersport Borough, Eulalia Township and Sweden Township in nessee for the City of Dunlap’s continuing for additional sewer lines for the Town of rural waterline infrastructure development; Halfmoon, New York; Potter County, Pennsylvania for water and wastewater infrastructure improvements; 292. $900,000 to the Watauga River Author- 233. $10,000,000 for continued clean water ity in Carter County, Tennessee for a water improvements for Onondaga Lake, New 264. $2,900,000 for the Three Rivers Wet Weather Demonstration program in the infrastructure project; York; 293. $250,000 to the Tamina Water Supply 234. $1,500,000 to the Town of Owasco, New greater Pittsburgh, Pennsylvania area; 265. $1,000,000 for the Upper Milford Town- and Sewer Service Corporation in Mont- York for sewer wastewater improvements; gomery County, Texas for water and waste- 235. $2,000,000 for drinking water infrastruc- ship Sewer Project in Lehigh County, Penn- sylvania; water infrastructure improvements in the ture needs in the New York City watershed; community of Tamina; 236. $4,000,000 for water quality infrastruc- 266. $485,000 to Robinson Township, Penn- sylvania for water and wastewater infra- 294. $675,000 to Bosque County, Texas for ture improvements for Long Island Sound, water and wastewater infrastructure im- New York; structure improvements; 267. $900,000 to the City of Corry, Pennsyl- provements; 237. $1,500,000 to the Cayuga County, New 295. $485,000 to the City of Beaumont, Texas vania for mitigation of combined sewer over- York Water and Sewer Authority for sewage for water and wastewater infrastructure im- flows; and wastewater treatment facility improve- provements; ments; 268. $485,000 to the Borough of Big Beaver, 296. $700,000 for the Jordan Valley Water 238. $500,000 for the Village of Akron, New Pennsylvania for construction of a pump sta- Conservancy District, Utah for a ground- York for expansion of the wastewater treat- tion and sewer lines; water extraction treatment remedial 269. $900,000 to the Wyoming Valley Sani- ment plant; project; 239. $500,000 for Byesville, Ohio for the tary Authority to address combined sewer 297. $1,000,000 for Sandy, Utah for water and Byesville Water Treatment Plan; overflow problems along the Susquehanna sewer infrastructure improvements; 240. $1,000,000 for the City of Akron, Ohio River in Pennsylvania; 298. $1,000,000 for the Ogden, Utah for final for its combined sewer overflow long-term 270. $250,000 to the Authority of the Bor- phase of sewer improvements at the former plan; ough of Charleroi, Pennsylvania for water in- Defense Depot Ogden; 241. $485,000 to the City of Akron, Ohio for frastructure improvements; 299. $200,000 to the City of Ogden, Utah for the mitigation of combined sewer overflows 271. $900,000 to the City of Titusville, Penn- water and wastewater infrastructure im- through Cuyahoga Valley National Park; sylvania to mitigate combined sewer over- provements; 242. $500,000 for the City of Port Clinton, flows; 300. $400,000 for Tooele City, Utah for water Ohio for its wastewater treatment plan; 272. $485,000 to the York City Sewer Au- and wastewater infrastructure improve- 243. $480,000 to the City of Delphos, Ohio for thority of Pennsylvania for a wastewater ments; construction of a regional reservoir; construction project and demonstration; 301. $720,000 to Logan City, Utah for the 244. $743,000 to the City of Lancaster, Ohio 273. $485,000 to Lackawanna County, Penn- wetlands development project; for a sewer infrastructure extension project; sylvania for construction and repair of a cen- 302. $250,000 to Sandy City, Utah for infra- 245. $1,800,000 to Clark County, Ohio for tralized sewer system serving Jefferson structure needs related to usable water lines water infrastructure upgrades; Township; and storm drainage;

VerDate 06-NOV-2001 04:09 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.111 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7827 303. $500,000 for the City of Norfolk, Vir- 331. $5,000,000 to the Hancock County Com- ees. Such report should include, at a min- ginia, to update wastewater pumping sta- mission, West Virginia for water and sewer imum, the number of non-CEQ employees tions; infrastructure needs; utilized for specific programs or projects by 304. $700,000 for the Caroline County Dawn 332. $350,000 for the City of New the CEQ, the home office of each such em- Sewer project in Bowling Green, Virginia; Martinsville, West Virginia for water and ployee, the program or project for which the 305. $675,000 to Smyth County, Virginia for sewer infrastructure needs; non-CEQ employee is being utilized by CEQ, wastewater infrastructure improvements in 333. $182,000 for the National Corrections and the duration each such employee is ex- the Allison’s Gap community; and Law Enforcement Training and Tech- pected to be involved with such program or 306. $1,800,000 to Prince William County, nology Center, Inc. (NCLETTC) for water project. Virginia for water and wastewater infra- and sewer infrastructure needs; Finally, language has been included which structure improvements; 334. $317,000 for the Barbour County Devel- provides a representation allowance of up to 307. $1,840,000 to the Town of South Boston, opment Authority in West Virginia for water $750 for the Chairman of the CEQ. Virginia for the Sanitary Sewer Overflow and sewer infrastructure needs; FEDERAL DEPOSIT INSURANCE CORPORATION Abatement project; 335. $1,041,000 for the Mid-Atlantic Aero- 308. $200,000 to Franklin County, Virginia space Complex (MAAC) for water and sewer OFFICE OF INSPECTOR GENERAL for preliminary engineering for a water infrastructure needs; Appropriates $33,660,000 for the Office of In- project; 336. $250,000 for the Jefferson County Sewer spector General, the same amount as in- 309. $1,743,000 to Virginia’s Heartland Part- Authority, Missouri for ongoing sewer infra- cluded in both the House and Senate bill. nership for expansion of the wastewater structure modernization; Funds for this account are derived from the treatment plant to the Virginia’s Heartland 337. $235,000 for Dekalb, Illinois for drink- Bank Insurance Fund, the Savings and Loan Regional Industrial Park located in ing water infrastructure improvements. Insurance Fund, and the FSLIC Resolution Keysville, Virginia; The conferees expect the Agency to de- Fund and are therefore not reflected in ei- 310. $200,000 to Fluvanna County, Virginia velop a broad working group to review and ther the budget authority or budget outlay for wastewater, drinking water and water address the spectrum of wastewater issues as totals. distribution system infrastructure improve- outlined in the House Report accompanying FEDERAL EMERGENCY MANAGEMENT AGENCY ments; H.R. 2620, request that the Committees on DISASTER RELIEF 311. $1,350,000 to Richmond, Virginia for Appropriations be kept apprised of all activi- (INCLUDING TRANSFERS OF FUNDS) continued development of combined sewer ties of the working group, and further re- overflow improvements; quest that the working group, with the as- Appropriates $664,000,000 for disaster relief, 312. $1,350,000 to Lynchburg, Virginia for sistance of the Agency, prepare and submit instead of $1,369,399,000 as proposed by the continued development of combined sewer to the Committees on Appropriations by House and $359,399,000 as proposed by the overflow improvements; July 15, 2002 a report addressing all matters Senate. In addition, appropriates 313. $900,000 to the City of Alexandria, Vir- as outlined in the House Report as well as $1,500,000,000 in contingent emergency fund- ginia for the sanitary and stormwater sewer those additional issues determined appro- ing for disaster relief instead of $1,300,000,000 reconstruction and extension project to miti- priate by the working group. as proposed by the House and $2,000,000,000 as gate overflows polluting Four Mile Run proposed by the Senate. Includes language Creek; ADMINISTRATIVE PROVISIONS proposed by both the House and Senate pro- 314. $485,000 to the County of Northampton, The conferees have included an adminis- viding for the transfer of $2,900,000 to the Virginia for wastewater treatment systems trative provision proposed by the House and emergency management planning and assist- improvement and development; the Senate which permits the Administrator, ance account for the consolidated emergency 315. $485,000 to the City of Norfolk, Virginia in carrying out environmental programs re- management performance grants program. Utility Department for upgrades to the quired or authorized by law in the absence of The conferees have included two new provi- water distribution system in the Haynes an acceptable tribal program, to award coop- sions, neither of which was included in either Tract area; erative agreements to federally authorized bill, to allow for the transfer of amounts 316. $500,000 to the Government of the Vir- intertribal groups to assist the Adminis- from the disaster relief account to other pro- gin Islands for water and wastewater infra- trator in implementing federal environ- gram accounts. First, $25,000,000 is available structure improvements; mental programs for tribes. Funds des- for transfer to the emergency management 317. $2,500,000 for the Pownal, Vermont, ignated for State financial assistance agree- planning and assistance account for pre-dis- wastewater treatment project; ments may not be used for such cooperative aster mitigation activities. Second, 318. $1,000,000 for East St Johnsbury, agreements. $25,000,000 is available for transfer to the Vermont, wastewater treatment project; The conferees have also included an admin- flood map modernization fund and available 319. $2,000,000 for the City of Bremerton, istrative provision proposed by the House for expenditure in fiscal year 2002. Washington, combined sewer overflow and modified by the conferees which author- The conferees are aware that on March 1, project; izes for fiscal year 2002 EPA’s Pesticide 2001 FEMA issued its ‘‘Clarification on 320. $1,500,000 for the Wahkiakum County Maintenance Program, including the collec- SHMPH ‘Immediate Occupancy’ Require- Public Utility District, Washington, drink- tion of up to $17,000,000 for operation of the ment for using SHMPH Funding to Seis- ing water facility project; registration, re-registration, and tolerance mically Upgrade Existing Buildings.’’ This 321. $1,800,000 to the City of Bremerton, assessment programs. Washington for the combined sewer overflow Clarification defined parameters for the de- treatment plant; EXECUTIVE OFFICE OF THE PRESIDENT termination of when the ‘‘immediate occu- 322. $485,000 to Dallesport Industrial Park OFFICE OF SCIENCE AND TECHNOLOGY POLICY pancy’’ requirement in the Seismic Hazard Mitigation Program for Hospitals (the in Klickitat County, Washington for con- Appropriates $5,267,000 as proposed by both SHMPH Program) would be met by a sub- struction of a wastewater treatment facility; the House and Senate. 323. $250,000 to the City of Everett, Wash- The conferees agree that the Office of grantee. The conferees urge FEMA to recog- ington for pre-design and facilities planning Science and Technology Policy should make nize that prior to the announcement of the of combined sewer overflow treatment sites; the clarification of the International Traffic clarification, many subgrantees in the 324. $2,000,000 for the Milwaukee, Wisconsin in Arms Regulation a high priority for reso- SHMPH program worked diligently to move Sewerage District for continued renovations lution. The conferees expect the President’s forward with their designs and construction and repairs to the sewer system; Science Advisor to address and resolve the in the belief that their plans met the unde- 325. $1,000,000 for the City of Racine, Wis- matter by February 1, 2002. fined immediate occupancy requirement in consin, drinking water treatment project; the SHMPH program. The conferees urge 326. $1,900,000 to the Village of Marathon COUNCIL ON ENVIRONMENTAL QUALITY AND FEMA to work closely with these sub- City, Wisconsin for debt repayment on water OFFICE OF ENVIRONMENTAL QUALITY grantees to ensure no disruption in their de- and wastewater infrastructure; Appropriates $2,974,000 for the Council on sign or building schedule as a result of this 327. $1,000,000 for the City of Brokaw, Wis- Environmental Quality and Office of Envi- program announcement. consin for the extension and expansion of the ronmental Quality as proposed by the House DISASTER ASSISTANCE DIRECT LOAN PROGRAM sewer and water system; and the Senate. The conferees have again ACCOUNT 328. $675,000 to the Inwood Watershed Com- this year included language proposed by the The conferees agree to provide a limitation mittee and the Eastern Panhandle Soil Con- House and the Senate which authorizes the of $25,000,000 on direct loans, a cost of $405,000 servation District of West Virginia for the Council to operate with one member, that for direct loans, and a limitation on adminis- Inwood Storm Water/Water Quality Manage- member acting as chairman of the Council. trative expenses of $543,000 for the disaster ment Project; Language proposed by the Senate prohib- assistance direct loan program account. The 329. $1,000,000 to the Ohio County PSD, iting CEQ and OEQ from using funds other foregoing are the same as provided by both West Virginia for water and sewer infra- than those appropriated under this heading the House and the Senate. structure needs in the West Liberty, West has not been included. In lieu of this statu- Virginia area; tory prohibition, the conferees direct that SALARIES AND EXPENSES 330. $2,500,000 to the City of Wheeling, West the CEQ provide, on a quarterly basis begin- Appropriates $233,801,000 for salaries and Virginia for water and sewer infrastructure ning January 1, 2002, a brief report outlining expenses as proposed by the Senate instead needs; the specific use of non-CEQ federal employ- of $227,900,000 as proposed by the House. The

VerDate 06-NOV-2001 04:09 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.114 pfrm02 PsN: H06PT1 H7828 CONGRESSIONAL RECORD — HOUSE November 6, 2001 amount provided does not include the reduc- both natural disasters and terrorist attacks. agree that up to $20,000,000 may be trans- tion to Preparedness, Training and Exercises Therefore, the conferees continue to support ferred for expenses under section 1366 of the as proposed by the House. The amount pro- the partnership between the National Tech- National Flood Insurance Act. vided includes $11,000,000 for FEMA’s role in nology Transfer Center (NTTC) and FEMA NATIONAL FLOOD MITIGATION FUND consequence management associated with and direct continuation of the cooperative The conferees agree to provide for the the 2002 Olympics and Paralympics as re- agreement at the current level of effort. Ad- transfer of up to $20,000,000 from the National quested in the budget submission. The con- ditionally, NTTC shall submit a report no Flood Insurance Fund to the National Flood ferees have not included any funding for an later than July 1, 2002 that outlines the Mitigation Fund as proposed by both the Office of National Preparedness at FEMA. progress made on the commercialization en- House and the Senate. The conferees further The conferees will entertain such funding in deavors and the cooperation between NTTC agree that $2,500,000 of the funds provided in the future when it has had an opportunity to and FEMA. this program shall be used to buy-out flood evaluate a comprehensive plan outlining The conferees direct FEMA to maintain prone properties in Austin, Minnesota. FEMA’s role in dealing with terrorism and the current level of support for the Adminis- its consequences. trative and Resource Planning Directorate GENERAL SERVICES ADMINISTRATION OFFICE OF INSPECTOR GENERAL efforts to archive key agency documents by FEDERAL CONSUMER INFORMATION CENTER digitization to optical disks. FUND Appropriates $10,303,000 for the Office of In- The conferees believe that many of the na- spector General, the same amount as in- Appropriates $7,276,000 as proposed by both tion’s universities are vulnerable to disaster cluded in both the House and the Senate the House and Senate. and urges FEMA to continue its Disaster Re- bills. The conferees are very supportive of the sistant University program and expand the Federal Consumer Information Center EMERGENCY MANAGEMENT PLANNING AND scope to include safeguarding university as- (FCIC) and their efforts to provide the public ASSISTANCE sets from acts of terrorism. with important information on government (INCLUDING TRANSFER OF FUNDS) The conferees direct FEMA to ensure the services and publications. The conferees are Appropriates $404,623,000 for emergency full and complete integration of the Amer- concerned that a change to the organization, management planning and assistance as pro- ican Red Cross into all emergency prepared- administrative location, or the current func- posed by the House instead of $429,623,000 as ness planning, training and response activi- tion or mission mandate of FCIC could po- proposed by the Senate. The amount pro- ties. Further, during times of disaster, tentially compromise the outstanding serv- vided includes $150,000,000 to carry out the FEMA and agencies signatory to the Federal ices that FCIC currently provides. Therefore, Federal Fire Prevention and Control Act of Response Plan are to support fully the work the conferees direct that any such change be 1974, as amended by Public Law 106–398. The of the American Red Cross. Support shall in- clearly outlined in a proposal submitted to conferees have included bill language which clude, but not be limited to the following, the Committees on Appropriations for 30 provides that up to five percent of the funds means of transportation; appropriate secu- days of review. Such a proposal shall include may be transferred to Salaries and Expenses rity clearances; access to disaster sites and the justification for such action, a descrip- for administrative expenses associated with threat information briefings; and planning tion of all planned organizational realign- the program. The conferees are pleased that for continuity of operations of the American ments, the anticipated staffing or personnel FEMA was able to implement expeditiously Red Cross National Headquarters. changes, an assessment of the effect on the the provision of this program and meet the The conferees are concerned that accurate current operations of FCIC, and estimates of deadline of September 30, 2001 for completion and timely information is not available to the proposed changes on future funding of the first round of grants. The conferees be- the general public and all relevant govern- needs. lieve that this success was due in no small ment officials during and following an act of NATIONAL AERONAUTICS AND SPACE part to the structure of the program and the terrorism. In an effort to improve commu- ADMINISTRATION nication, the conferees urge the Director of decision to limit the program to only six cat- Of the amounts approved by the conferees FEMA to work with the Nation’s governors egories of grants rather than the fourteen in this agreement, NASA must limit re- and the Mayor of the District of Columbia categories approved in the authorization leg- programming of funds between programs and (DC) to designate a lead intergovernmental islation. The conferees believe that FEMA activities to not more than $500,000 without and public affairs official in each state and should consider making grants in the area of prior notification to the Committees on Ap- DC to serve as the central coordinator for in- emergency medical services, but expansion propriations of the House and Senate. Any formation coming from Federal and local into other categories should be considered activity or program cited in this report shall governments and the central source of infor- only after substantial progress has been be construed as the position of the conferees mation for the public regarding terrorism-re- made in addressing the needs associated with and should not be subject to reductions or lated incidents. fire prevention, firefighting equipment, per- reprogramming without prior approval. sonal protective equipment, training, vehi- RADIOLOGICAL EMERGENCY PREPAREDNESS NASA shall provide outyear implications of cles, and wellness and fitness programs. FUND all reprogrammings and operating plan The conferees also expect states and local- Provides for the receipt and expenditure of changes should the Committees request the ities to maintain their current level of fund- fees collected as authorized by Public Law information. ing support for local fire departments and 106–377. Both the House and the Senate in- HUMAN SPACE FLIGHT companies and that any Federal grant funds cluded this provision in their respective are to be used solely to enhance local fire- bills. (INCLUDING TRANSFERS OF FUNDS) fighting capacity, equipment needs, vehicles, The conferees agree to provide $6,912,400,000 EMERGENCY FOOD AND SHELTER PROGRAM and fire prevention programs as well as any for human space flight instead of other eligible uses. Appropriates $140,000,000 for the emergency $6,868,000,000 as proposed by the Senate and FEMA is encouraged to undertake an on- food and shelter program as proposed by the $7,047,400,000 as proposed by the House. The going evaluation of the application process House instead of $139,692,000 as proposed by House had also proposed an additional for the fire grant program to ensure the the Senate. $275,000,000 for development of a crew return widest participation in the program. The FLOOD MAP MODERNIZATION FUND vehicle for the international space station conferees are particularly concerned that Appropriates no new funding under this ISS. The funding provided includes a reduc- smaller entities with limited resources may heading for flood map modernization. The tion of $50,000,000 associated with the can- not be able to participate fully and FEMA conferees have included authority within the cellation of the Electric Auxiliary Power should consider their circumstances as it disaster relief account to transfer $25,000,000 Unit upgrade which has experienced tech- evaluates the effectiveness of the program. to this account for flood map modernization nical difficulties, an increase of $20,000,000 The conferees urge FEMA to continue ef- activities. for high priority safety upgrades for a total forts to simplify and streamline the fire of $207,000,000, an increase of $25,000,000 for NATIONAL FLOOD INSURANCE FUND grant application process and direct FEMA the repair/replacement of doors on the Vehi- to establish an independent advisory com- (INCLUDING TRANSFERS OF FUNDS) cle Assembly Building at the Kennedy Space mittee comprised of professional and volun- The conferees agree to include bill lan- Center, a reduction of $20,000,000 from the teer firefighters to provide policy and tech- guage which authorizes the National Flood Human Exploration and Development of nical guidance on implementation and ad- Insurance Program through December 31, Space program, and a general reduction of ministration of the fire grant program. 2002. Both the House and Senate had ad- $75,000,000 from the ISS program. The con- In addition, the conferees have agreed to dressed this issue, but there were technical ferees have not provided any additional fund- provide $25,000,000 by transfer from the dis- differences between the respective bills. In ing for the Crew Return Vehicle, for which aster relief account for pre-disaster mitiga- addition, the conferees agree to provide for the House had proposed $275,000,000. The tion activities. salaries and expenses of up to $28,798,000, funding level also reflects the transfer of The conferees are aware of the heightened $76,381,000 for flood mitigation activities, a $283,600,000 for ISS research from the human importance of bringing technology applica- limitation of $55,000,000 for operating ex- space flight account to the science, aero- tions to the local, state, and Federal levels penses, $536,750,000 for agents’ commissions nautics and technology account. of the emergency management community and taxes, and $30,000,000 for interest on The conferees are in agreement with the for the purpose of reducing the impact of Treasury borrowings. Finally, the conferees ISS Management and Cost Evaluation report

VerDate 06-NOV-2001 04:09 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.117 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7829 that in order to establish a credible ISS pro- tween NASA and the Italian Space Agency tees on Appropriations of the House and the gram that achieves maximum research po- concerning a stretch version of the Multi- Senate a report, concurrent with submission tential, it is necessary to keep enhancements Purpose Logistics Module as a substitute for of the fiscal year 2003 budget, which de- viable. for this reason, the conferees direct the habitation module. The conferees see the scribes its plans for managing and operating that NASA should provide no less than utility of using a proven platform and en- the ISS over the life of the station, to in- $40,000,000 for the X–38 vehicle. courage NASA to move with all deliberate clude specific manpower and financial needs The conferees direct that not less than speed, subject to an appropriate and cost-ef- for operation and support. $207,000,000 be made available for Space Shut- fective barter arrangement. SCIENCE, AERONAUTICS, AND TECHNOLOGY tle Safety Upgrades, unless NASA outlines in The conferees are in agreement that the (INCLUDING TRANSFER OF FUNDS) a fiscal year 2002 Operating Plan adjustment, Director of OMB shall certify and report agreed to by the House and Senate Commit- such certification to the Committees on Ap- Space Science tees on Appropriations, reallocations from propriations of the House and the Senate, The conferees have agreed to provide this level necessary to preserve balance in that any proposal to enhance the ISS design $2,848,937,000 for space science programs, an NASA’s stated priority goals for the Shuttle above the content planned for U.S. Core increase of $62,575,000 to the budget request. Program, as follows: (1) fly safely; (2) meet Complete, is (1) necessary and of the highest The conferees agree with the House that by the flight manifest; (3) improve priority to enhance the goal of world class merging the budgets for aeronautics and supportability; and (4) improve the system. research in space aboard the International space into a single ‘‘aerospace technology’’ The conferees agree that further clarifica- Space Station; (2) within acceptable risk lev- program element several years ago, NASA tion on NASA’s shuttle upgrade program is els, having no major unresolved technical has made it virtually impossible to account required, including how the program relates issues and a high confidence in independ- for the current investment in aeronautics. to future shuttle alternatives and infrastruc- ently validated cost and schedule estimates; For this reason, the conferees direct NASA to reestablish a consolidated aeronautics ture needs. NASA is directed to submit a re- and (3) affordable within the multi-year line in the fiscal year 2003 budget submission port addressing these issues by March 15, funding available to the ISS program as de- that comprehensively covers all research 2002. fined above or, if exceeds such amounts, the base, focused, and advanced technology pro- The conferees are in agreement that the additional resources are not achieved grams, and related test facilities and civil ISS shall be funded at no more than through any funding reduction to programs service costs. NASA should also provide a $1,963,600,000 in fiscal year 2002, including contained in Space Science, Earth Science, clear budget crosscut identifying all aero- civil service compensation. and Aeronautics. When the House and the Senate drafted The conferees are aware of a study being nautics programmatic activities in the cur- rent budget structure in its initial fiscal their respective bills, the Administration conducted by the National Research Council year 2002 operating plan. had recently proposed dramatic changes to per the direction of the House Committee on the ISS program in light of a purported The conferees recognize the need for main- Science and the Senate Committee on Com- taining core capabilities at NASA centers shortfall of over $4,000,000,000. The redesigned merce, Science and Transportation to ad- station was dubbed ‘‘U.S. Core Complete’’ with responsibility for space science mis- dress the station research program. If pos- sions and operations. As a result, the con- and included elimination of the Crew Return sible, the conferees would like the National Vehicle, the Habitation Module, the Propul- ferees will support permitting the Europa Research Council to expand that study to Orbiter (EO) mission to be sole sourced sion Module, a 37 percent reduction in ISS compare and evaluate the research programs science, and undefined ‘‘management effi- intramurally, provided that the NASA Ad- of the ISS which can be accomplished with a ministrator certifies to the Committees on ciencies’’ and better cost estimating. It was crew of three and a crew of six; and, an as- Appropriations of the House and the Senate the position of the House at that time that sessment of the probable cost-benefit ratios in the fiscal year 2002 operating plan that such changes could not be endorsed given the of those programs, compared with earth- such action is essential to maintain said core limited amount of information available to bound research which could be funded in lieu capabilities. The conferees expect that in the Congress. It was this lack of information of research conducted on the ISS. making any such determination, the Admin- which led the House to conclude that termi- The conferees agree with the direction con- istrator will guarantee that there is a spe- nation of the Crew Return Vehicle was pre- tained in the Senate report for NASA to cific and demonstrable plan to ensure that mature, that NASA should be encouraged to empanel a task force to study all options, to- sufficient core and focused program outer pursue an international barter arrangement gether with their costs, for enhancing crew planetary Advanced Technology Develop- for development and construction of a habi- research time on the U.S. Core Complete ment (ATD) funds will be available to extra- tation module, and that a significant add- ISS. mural entities in industry and academia back to the ISS science program was war- The conferees are concerned that NASA through full and open competition, with the ranted. In the hope of getting more informa- lacks an integrated financial management five-year profile for this competition speci- tion, the House initiated an investigation system and therefore can not adequately fied in the fiscal year 2003 budget submis- into the ISS program with the goal of an- manage its programs. NASA is directed to sion. NASA should proceed with the selec- swering basic questions with regard to the place the highest priority on correcting this tion of Europa science instruments as real cost of the program, the underlying fundamental management deficiency, a defi- planned and shall cap the total EO program cause of cost increases, lapses in oversight ciency which should have been corrected costs (ATD and execution of all phases A/E) and the causes thereof, and the extent to many years ago. at $1,000,000,000. No reduction for EO instru- which previously identified problems or con- Finally, the conferees direct the Secretary ment support to the selected science teams cerns were not addressed. of State, the Director of the Office of Man- should be made in fiscal year 2002. The initial stages of the House investiga- agement and Budget, and the Administrator The conferees have not accepted the Sen- tion have been completed with the conclu- of NASA to submit a joint explanation of ate proposal to reduce NASA’s space oper- sion being that the concept of ‘‘U.S. Core how the United States is fulfilling its writ- ations budget by $25,000,000 by transferring Complete’’ is ill-defined, that the science ten commitments to its ISS international Telecommunication and Mission Operations program needs to be more rigorously evalu- partners. This report is due no later than Directorate (TMOD) functions at the Jet ated, that all options for enhancing crew July 15, 2002. Propulsion Laboratory to the Consolidated time for research need to be fully explored, With regard to the decision by the con- Space Operations Contract (CSOC). The con- and that international agreements need to ferees to reduce the ISS budget by $75,000,000 ferees note that NASA has transferred some be evaluated and compliance with such in fiscal year 2002, the conferees note that non-critical positions to the CSOC contract agreements needs to be clarified. It is also the Post-Assembly Operations Cost Esti- and direct NASA to continue this effort by the initial conclusion of the House investiga- mates (November 1999) and a report on ISS transferring no less than five percent of the tion that NASA’s lack of an integrated fi- Operations Architecture (August 2000) both non-critical positions to CSOC and work to- nancial management system impedes its called for significant reductions in personnel ward increasing this percentage in future ability to determine the status of contract associated with the program. Yet NASA and years if warranted. In addition, the conferees execution and provide program managers the ISS program management refuse to im- transfer TMOD to the Office of Space with necessary financial information. plement the provisions of these two reports Science and direct that any savings resulting The conferees are in agreement that first for no apparent reason other than the desire from the transfer of TMOD positions be rein- and foremost the Director of the Office of to maintain a standing army of personnel. vested in science missions. Management and Budget and the Adminis- The conferees have reached the conclusion The conferees agree to the following trator of NASA shall submit a report to the that the only way management will actually changes to the budget request: Committees on Appropriations of the House manage the program, and thereby get its 1. An increase of $1,675,000 for the Center and the Senate which defines in specific de- costs under control, is through being forced for Space Sciences at Texas Tech University, tail the U.S. Core Complete configuration of to live with less. The conferees are reluctant Lubbock, Texas. the ISS and provides a ten-year total funding to take this approach, but find that the 2. An increase of $3,000,000 for space solar profile for that configuration; clearly defines intransient management cannot be trusted power. the content and scope of the research science to make the tough decisions on their own 3. An increase of $1,900,000 for the Mid- program; and provides costs and schedule to and must be forced to make decisions which American Geospatial Information Center develop the Crew Return Vehicle. The con- are in the long-term interest of the program. based at the University of Texas at Austin, ferees are aware of ongoing negotiations be- NASA is directed to submit to the Commit- Center for Space Research.

VerDate 06-NOV-2001 04:09 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.118 pfrm02 PsN: H06PT1 H7830 CONGRESSIONAL RECORD — HOUSE November 6, 2001 4. The conferees direct $22,000,000 be used transition plan to guarantee uninterrupted The conferees agree to the following to continue the construction of the Propul- continuity between HST and NGST. changes to the budget request: sion Research Laboratory at the Marshall The conferees agree to provide the full 1. An increase of $1,200,000 for the Advanced Space Flight Center, of which $13,000,000 is budget request for the Mars program. NASA Tropical Remote Sensing Center of the Na- derived from the Office of Space Science in- is directed to prepare a detailed plan, to be tional Center for Tropical Remote Sensing space propulsion augmentation and $9,000,000 submitted to the Committees on Appropria- Applications and resources at the Rosenstiel is derived from the Office of Aerospace Tech- tions of the House and Senate concurrently School of Marine and Atmospheric Science. nology in-space propulsion program. The with the submission of the President’s fiscal 2. An increase of $428,000 for continuation funds remaining in the Office of Space year 2003 budget request, on future Mars mis- of emerging research that applies remote Science in-space propulsion program are to sions beyond the proposed 2007 mission. The sensing technologies to forest management be used for advanced technology develop- plan should have a detailed definition on the practices at the State University of New ment for planetary exploration and shall be program’s content, five-year budget forecast, York, College of Environmental Sciences and competed on the same basis as other ad- and schedule, and shall include a five-year Forestry. vanced technology development programs. profile to make significant advanced tech- 3. An increase of $1,425,000 for NASA’s Re- 5. An increase of $3,000,000 for the Sun- nology funding available to extramural part- gional Application Center for the Northeast. Earth Connections program for Solar Probe. ners. 4. An increase of $812,000 for operations of the applications center for remote sensing at NASA should consolidate management for Biological and Physical Research this mission with its existing SEC/Living Fulton-Montgomery Community College, With a Star program in lieu of the proposed The conferees have agreed to provide Johnston, New York. termination. $714,370,000 for biological and physical re- 5. An increase of $14,350,000 for the Insti- 6. An increase of $10,000,000 for the Sun- search programs, an increase of $353,450,000 tute of Software Research for development Earth Connections program for Living With to the budget request. and construction of research facilities. a Star (LWS) program for a total of The conferees have agreed to transfer a 6. An increase of $750,000 for on-going ac- $50,200,000 in fiscal year 2002. The conferees total of $283,600,000 from the Human Space tivities at the Goddard Institute for Sys- believe that understanding solar variability Flight account into this program for re- tems, Software, and Technology Research, and its effect on earth and mankind is of search activities associated with the Inter- including UAV and remote sensing tech- paramount importance as we strive to under- national Space Station. The conferees have nology research. stand our galaxy. Increasing our knowledge not included a transfer from Human Space 7. An increase of $750,000 for the Clustering of the effects of solar variability and disturb- Flight of civil service and other costs associ- and Advanced Visual Environments initia- ances on terrestrial climate change and ated with these activities and directs NASA tive. 8. An increase of $4,750,000 for data storage being able to provide advanced warning of to make such a transfer as part of the oper- back-up and recovery services at the God- energetic particle events that affect the safe- ating plan to the extent such a transfer is dard Space Flight Center. ty of humans and space flight are also of par- needed. The conferees agree to the following 9. An increase of $1,000,000 for the Triana ticular importance. The proposed funding Science Team to continue its work in prepa- restoration will allow LWS to proceed on the changes to the budget request: 1. An increase of $338,600,000 for space sta- ration for future launch. The conferees rec- original NASA plan of Sun-Earth connected tion research consisting of a transfer of ognize that the Triana mission, as reviewed System Science whereby both the Solar Dy- $283,600,000 from Human Space Flight, and an and endorsed by the National Academy of namics Observatory and the Geospace Mis- increase of $55,000,000 for the Fluids and Sciences, is complete and ready for launch. sions Network will proceed in a coordinated Combustion Facility and other priority However, due to Shuttle manifest conflicts, manner to attain the program objectives. All space station research and equipment. Triana has been placed in storage until LWS and SEC program funds in 2002 should 2. An increase of $2,750,000 for the Space launch accommodations can be established. be used exclusively for relevant ATD, science Radiation program at Loma Linda Univer- The conferees understand that NASA is ex- support and spacecraft development activi- sity Hospital. ploring all launch possibilities for the Triana ties. Any capital projects to support the pro- 3. An increase of $1,750,000 for Earth Uni- spacecraft, including potential options in- gram, apart from the standard de minimis versity to research Chagas disease. volving foreign launch vehicles. The con- facility renovations under $500,000 should be 4. An increase of $1,450,000 for the develop- ferees recognize the important scientific requested in subsequent years through the ment of machine/bio-interface devices to pro- contributions to be made by Triana and, if standard construction of facilities program vide advanced diagnosis and counter- NASA were to identify a suitable launch op- element. This LWS funding augmentation is measures at the University of Louisville. portunity for Triana, the conferees would be in addition to the $8,900,000 provided for fu- 5. An increase of $400,000 for the Center for receptive to NASA’s reprogramming re- ture solar terrestrial probes as requested in Research and Training in gravitational biol- sources within available fiscal year 2002 the budget. ogy at North Carolina State University. Earth Science funding toward the costs of 7. An increase of $3,000,000 for the Center 6. An increase of $1,000,000 for the New Jer- necessary spacecraft modification and on Life in Extreme Environments at Mon- sey NASA Specialized Center of Research launch integration efforts to accomplish tana State University. 8. An increase of $1,000,000 for the develop- and Training. The conferees commend the such a launch. 10. An increase of $750,000 for next genera- ment of advanced materials for batteries and work of this organization and its application tion sensing equipment, to be operated by fuel cells, to be conducted by Virginia Com- not only to long-duration space missions but Ben Gurion University for use in correlating monwealth University. its impact on the agricultural and environ- 9. An increase of $30,000,000 for the Pluto mental business sectors. The conferees en- measurements taken by aircraft and sat- Kuiper Belt (PKB) mission. The conferees di- courage NASA to continue funding these ellites in support of programs under the aus- rect NASA to proceed with its plan for vital efforts and recommends the agency cre- pices of the Goddard Space Flight Center. 11. An increase of $3,000,000 from the NASA source selection, but recognize the launch ate a technology development and dem- Earth Science Enterprise to be transferred to dates may be altered due to delays in the onstration center in New Jersey focusing on the Air Force Research Laboratory (PE source selection process. Funds provided life support issues in closed environments. 602204F Aerospace Sensors) to develop dual- should be used to initiate appropriate space- 7. An increase of $1,000,000 for high defini- use lightweight space radar technology. The craft and science instrument development as tion telemedicine technology development at conferees expect the Air Force to work close- well as launch vehicle procurement. The con- Florida Atlantic University. ly with NASA to identify mutually bene- ferees direct NASA to consolidate PKB de- 8. An increase of $1,000,000 for Southern ficial technologies. velopment funds within the Outer Planets Methodist University’s life sciences pro- gram. 12. An increase of $1,425,000 for the United line beginning in fiscal year 2003. States portion of a joint U.S./Italian sat- The conferees have provided the budget re- 9. An increase of $2,000,000 for multi-user ellite development program to remotely ob- quest of $92,100,000 for advanced technology scientific equipment for the Life Sciences serve forest fires. development related to the Next Generation Center at the University of Missouri-Colum- bia. 13. An increase of $23,500,000 for the Syn- Space Telescope (NGST) and expect NASA to ergy program to develop additional end uses vigorously pursue the development of the 10. An increase of $1,500,000 to fund re- search at the University of Missouri’s Center for EOS data. NGST and submit an out-year budget plan, 14. An increase of $6,000,000 for the EOSDIS concurrent with the submission of the fiscal for Gender Physiology in the area of gender- related issues in space flight crews. Core System to expand its data processing year 2003 budget, for soliciting development and distribution capacity. and management proposals with the goal of 11. An increase of $2,000,000 to fund re- search at the University of Missouri-Colum- 15. An increase of $2,000,000 for weather and a launch in 2007. If technical and budgetary ocean research at the University of Alaska constraints preclude the launch of NGST by bia in physical, biological, and biomedical areas which address NASA strategic objec- and the University of Massachusetts. 2007, the conferees wish to underscore their 16. An increase of $3,500,000 for the Univer- tives. strong desire that there should be no gap be- sity of Montana for an International Earth tween the end of the operations for the Earth Science Observing System Natural Resource Train- Hubble Space Telescope (HST) and the onset The conferees have agreed to provide ing and Data Center. of operations for NGST. As part of the out- $1,573,413,000 for earth science programs, an 17. An increase of $500,000 for the Morehead year budget plan, NASA should outline its increase of $58,435,000 to the budget request. State University Space Science Center for

VerDate 06-NOV-2001 04:09 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.120 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7831 the reconstruction of the ADAS satellite 17. An increase of $2,375,000 for the Virtual 41. An increase of $2,000,000 for photonics tracking system. Collaboration Center at the North Carolina research at the University of Maryland, Bal- 18. An increase of $2,000,000 for the Univer- GigaPop. timore County. sity of Mississippi Geoinformatics Center. 18. An increase of $1,900,000 for the Garrett 42. An increase of $3,000,000 for 19. An increase of $1,500,000 for George Morgan Commercialization Initiative in nanotechnology programs at Purdue Univer- Mason University Center for Earth Observ- Ohio. sity. ing and Space Research. 19. An increase of $750,000 for research at 43. An increase of $3,000,000 for the pur- 20. An increase of $3,000,000 for the Univer- Marshall Space Flight Center in the area of chase of two upgraded jet engines which re- sity of South Mississippi for research into re- interstellar propulsion. quire limited configuration changes to the motely sensed data for coastal management. 20. An increase of $1,693,000 for the Dryden DP–2 vectored thrust testbed aircraft. The 21. An increase of $1,000,000 for the Mid- Flight Research Center Intelligent Flight remaining funds shall be expended as appro- America Geospatial Information Center at Control System research project. priate for airflow analysis research, flight the University of Texas. 21. An increase of $950,000 for development control research, and flight testing. NASA is 22. An increase of $1,500,000 for Idaho State of advanced composite materials for a super directed to provide a long-range research and University for the Temporal Landscape lightweight prototype structure and a ge- development plan for the DP–2 vectored Change Research program. neric carrier for the space shuttle orbiter. thrust program to the Congress by April 15, 23. An increase of $500,000 for Utah State 22. An increase of $8,125,000 for hydrogen 2002. University to develop an Inter-mountain Re- research being conducted by the Florida 44. An increase of $1,500,000 for a visitor’s gion Digital Image Archive and Processing State University System. center at Langley Flight Research Center. Center for Landscape Analysis, Planning and 23. An increase of $4,750,000 for space bio- 45. The conferees agree that NASA needs to Monitoring. technology research and commercial applica- increase its investment in facilities at the 24. A general reduction of $17,205,000. tions to be conducted at the University of Wallops Island Flight facility and therefore The conferees expect NASA to continue to Florida. direct NASA to spend an additional pursue options for commercial data purchase 24. An increase of $2,000,000 from the NASA $10,000,000 from within existing funds for in- approaches on all Earth Science Enterprise Space Launch Initiative be transferred to frastructure improvement and technology program Announcements of Opportunity. the Air Force Research Laboratory (PE upgrades to ensure the Wallops facility re- Aero-Space Technology 602204F Aerospace Sensors) to install a base- mains a viable asset for NASA’s use and re- line Silent Sentry System at Kennedy Space port to the Committees on Appropriations of The conferees have agreed to provide Center and for AFRL to conduct an evalua- the House and Senate no later than March 1, $2,489,570,000 for aerospace programs, an in- tion of the ability for Silent Sentry to re- 2002 on a strategic plan for Wallops future in- crease of $113,830,000 to the budget request. place current range safety infrastructure. The conferees agree to the following cluding NASA missions and other business 25. An increase of $2,000,000 for the Na- opportunities. changes to the budget request: tional Technology Transfer Center. 1. An increase of $10,000,000 for the Ultra 46. A decrease of $6,200,000 from the Avia- 26. An increase of $500,000 for aerospace tion System Capacity program. The goal of Efficient Engine Technology for a total projects being accomplished by the Montana budget of $50,000,000 in fiscal year 2002. the Aviation System Capacity (ASC) pro- Aerospace Development Corporation. gram is to enable safe increases in the capac- 2. An increase of $2,850,000 for the Earth 27. An increase of $7,500,000 for subsonic Alert project at the Goddard Space Flight ity of US and international airspace and air- transport technology research. ports. The conferees believe that Aviation Center. 28. An increase of $7,500,000 for the ad- 3. An increase of $2,375,000 for the NASA-Il- System Technology Advanced Research vanced aircraft program, equally divided be- (AvSTAR) will help develop new operational linois Technology Commercialization Center tween flight research and propulsion and at DuPage County Research Park. concepts and better understand the benefits power research. of new technologies for reducing aviation 4. An increase of $190,000 for the Rural 29. An increase of $12,500,000 for NASA’s Technology Transfer and Commercialization system congestion and delays while improv- rotocraft program, including funding for the ing safety. The conferees support the request Center of Durant, Oklahoma. NASA-Army university centers component. 5. An increase of $1,900,000 for the Univer- for Virtual Airspace Modeling as a precursor 30. An increase of $2,500,000 for the Hubble to AvSTAR. sity of New Orleans Composites Research Telescope Project, Composite Technology In- Center for Excellence at Michoud, Louisiana. 47. A decrease of $10,000,000 from the Space stitute at Bridgeport, West Virginia. Launch Initiative. 6. An increase of $522,000 for the fractional 31. An increase of $15,000,000 for aviation ownership test program. 48. A decrease of $10,000,000 from the in- safety. The conferees agree that NASA space propulsion program. 7. An increase of $1,425,000 for the Glennan should evaluate the use of retinal scanning Microsystem Initiative. displays in the Synthetic Visual Project, Academic Programs 8. An increase of $2,850,000 for the Polymer which seeks to improve general aviation Within the Academic programs portion of Energy Rechargeable System. safety through incorporation of new tech- this account, the conferees recommend a 9. An increase of $475,000 for continued de- nologies. total funding level of $230,810,000, a net in- velopment of nickel metal hydride battery 32. An increase of $2,000,000 for a study of crease of $77,110,000 to the budget request. technology. NASA’s aeronautical test and evaluation fa- The conferees agree that Lincoln and Cheney 10. An increase of $1,900,000 for Wayne cilities. Universities in Pennsylvania should be full State University for its emerging technology 33. An increase of $2,000,000 for advanced participants in NASA’s Minority University and aerospace programs. research in opto-electronics at Montana Research and Education Program. The Con- 11. An increase of $950,000 for the Univer- State University. ferees recommend the following adjustments sity of Alabama, Huntsville, Aviation Safety 34. An increase of $2,500,000 for the Dela- to the budget request: Laboratory. ware Aerospace Education Foundation in 1. An increase of $475,000 for the Richland 12. An increase of $950,000 to be used for Kent County, Delaware. School District One Aeronautics Education continued development of an electric/diesel 35. An increase of $1,500,000 for Tulane Uni- Laboratory, located in Columbia, South hybrid engine at Bowling Green University. versity Institute for Macromolecular Engi- Carolina. 13. The following programs are to be fund- neering and Sciences, New Orleans, Lou- 2. An increase of $475,000 for the NASA Ed- ed within the Aviation System Capacity pro- isiana. ucator Resource Center at South East Mis- gram: $4,200,000 for the HITS multilateration 36. An increase of $6,500,000 for the Stennis souri State University. sensor and surveillance server for Airport Space Center E-complex propulsion test fa- 3. An increase of $950,000 for the Carl Sagan Surface Detection and Management System, cilities, of which $1,500,000 is for completion Discovery Science Center at the Children’s $1,200,000 for the development of the Dy- of the Test Operations Building. Hospital at Montefiore Medical Center to im- namic Runway Occupancy Measurement Sys- 37. An increase of $3,500,000 for an addition plement the educational programming for tem, $1,400,000 for development of a Runway to the main administration building at the this science learning project. Taxi Route Detection and Conformance Mon- Stennis Space Center. NASA is directed to 4. An increase of $2,375,000 for the JASON itoring System, and $5,000,000 for Project work with the Department of Defense to en- Foundation. SOCRATES. sure that the Department contributes to the 5. An increase of $3,500,000 for continuation 14. An increase of $2,850,000 to expand the construction of facilities unique to its re- of programs at the American Museum of Space Alliance Technology Outreach Pro- quirements. Natural History. gram, including NASA business incubators, 38. An increase of $1,700,000 for the Inde- 6. An increase of $950,000 for the Sci-Port in Florida and New York. pendent Verification and Validation Facility Discovery Center at Shreveport, Louisiana. 15. An increase of $950,000 for the Advanced in Fairmont, West Virginia. 7. An increase of $1,900,000 for the NASA Interactive Discovery Environment engi- 39. An increase of $2,000,000 for non-destruc- Glenn ‘‘Gateway to the Future: Ohio Pilot’’ neering research program at Syracuse Uni- tive evaluation research at Iowa State Uni- project. versity. versity. 8. An increase of $475,000 for the Challenger 16. An increase of $7,600,000 for the Na- 40. An increase of $1,000,000 for polymer re- Learning Center of Kansas. tional Center of Excellence in Photonics and search at Tulane University in New Orleans, 9. An increase of $475,000 for Challenger Microsystems in New York. Louisiana. Learning Centers in Illinois.

VerDate 06-NOV-2001 04:09 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.122 pfrm02 PsN: H06PT1 H7832 CONGRESSIONAL RECORD — HOUSE November 6, 2001 10. An increase of $475,000 for the Chal- University to support the Space Engineering loans and grants, the expected number and lenger Learning Center at Wheeling Jesuit Institute. average amount of loans and grants to be University. 39. An increase of $3,000,000 for the Chal- awarded during the fiscal year, an estimate 11. An increase of $1,900,000 for the Alan B. lenger Learning Center in Kenai, Alaska for for the balance of the CDRLF, and estimates Shepard Discovery Center in New Hamp- the final phase of dormitory construction. of future funding needs. shire. 40. An increase of $500,000 for the Southeast NATIONAL SCIENCE FOUNDATION 12. An increase of $3,000,000 to the U.S. Missouri State University NASA Educator RESEARCH AND RELATED ACTIVITIES Space and Rocket Center for an Educational Resource Center. Training Center. 41. An increase of $1,000,000 for a Chal- Appropriates $3,598,340,000 for research and 13. An increase of $570,000 for academic and lenger Learning Center in Ferguson/ related activities instead of $3,642,340,000 as infrastructure needs at St. Thomas Univer- Florissant, Missouri. proposed by the House and $3,514,481,000 as sity in Miami, Florida. 42. An increase of $800,000 for the Science, proposed by the Senate. The conferees have 14. An increase of $950,000 for the Ohio View Engineering, Math and Aerospace Academy included bill language which provides up to Consortium. programs in Dade County, Florida. $300,000,000 for polar research and operations support and $75,000,000 for a comprehensive 15. An increase of $1,900,000 for the Von OFFICE OF INSPECTOR GENERAL Braun Scholarship program. research initiative on plant genomes for eco- 16. An increase of $3,000,000 for the Ala- The conferees agree to appropriate nomically significant crops. bama Math, Science, and Technology initia- $23,700,000 for the Office of Inspector General The conference agreement provides specific tive. as proposed by both the House and the Sen- funding levels for each of NSF’s research ac- 17. An increase of $2,925,000 for the Sci- ate. tivities as follows: Quest Hands-on Science Center. ADMINISTRATIVE PROVISIONS 1. $508,980,000 for Biological Sciences. Of 18. An increase of $1,650,000 for the Ala- The conferees have included three adminis- this amount, $75,000,000 has been provided for bama Supercomputer Educational Outreach trative provisions which have been carried in plant genome research on economically sig- program. prior-year appropriations acts and were in- nificant crops, including an initiative which 19. An increase of $1,900,000 to the Edu- cluded by both the House and the Senate. A invests in high-throughput sequencing (such cational Advancement Alliance to support fourth provision, prohibiting establishment as full-length cDNA sequencing) of economi- the Alliance’s math, science, and technology of a non-governmental organization for the cally important crops. 2. $515,800,000 for Computer and Informa- enrichment program. International Space Station as proposed by tion Science and Engineering. Up to 20. An increase of $5,000,000 for the Na- the House, has been included in the con- $10,000,000 of the appropriated level may be tional Space Grant College and Fellowship ference agreement. The conferees look for- used for operational support of the two program. ward to receiving a comprehensive proposal terascale facilities. 21. An increase of $475,000 for the Science, for managing the ISS science program at Engineering, Math and Aerospace Academy 3. $467,510,000 for Engineering. which time it will re-evaluate the foregoing 4. $610,650,000 for Geosciences. programs at Central Arizona College. prohibition. 22. An increase of $340,000 to enhance K–12 5. $922,190,000 for Mathematical and Phys- NATIONAL CREDIT UNION ADMINISTRATION science education through a program of the ical Sciences. Of the appropriated amount, Middle Tennessee State University. CENTRAL LIQUIDITY FACILITY $4,000,000 is provided for the Telescope Sys- 23. An increase of $5,400,000 for the EPSCoR (INCLUDING TRANSFER OF FUNDS) tems Instrumentation Program (TSIP) and $5,000,000 has been provided for astronomical program. The conferees have allowed the cap on the sciences to augment individual investigator 24. An increase of $5,000,000 for a plane- Central Liquidity Facility (CLF) lending ac- support. The conferees expect NSF to con- tarium at the Clay Center of Arts and tivities from borrowed funds to remain at tinue its program of upgrading, on a priority Sciences in Charleston, West Virginia. the fiscal year 2001 level of $1,500,000,000. As basis, its astronomical facilities and equip- 25. An increase of $2,000,000 for the North- part of the Committees’ oversight function, ment, including the Greenbank Observatory ern Great Plains Space Science and Tech- the conferees direct that NCUA provide quar- and Robert C. Byrd Telescope in West Vir- nology Center at the University of North Da- terly reports for fiscal year 2002 to the Com- ginia, and the Very Large Array radio tele- kota. mittees on Appropriations detailing CLF scope in New Mexico. The conferees have 26. An increase of $1,500,000 for flight com- lending activities. also placed a high priority on mathematics munications technology at the University of The conferees have provided $1,000,000 to research within the amounts provided for Connecticut. the Community Development Revolving 27. An increase $1,500,000 for the Science this activity. Loan Fund (CDRLF) as proposed by both the 6. $168,900,000 for Social, Behavioral and Discovery Outreach Center at the University House and Senate. The conferees have agreed of North Carolina in Chapel Hill, North Caro- Economic Sciences. to set aside $300,000 specifically for technical 7. $229,730,000 for U.S. Polar Research Pro- lina. assistance grants for fiscal year 2002 as pro- 28. An increase of $1,000,000 for the Chabot grams. posed by the Senate. Observatory and Science Center in Oakland, 8. $68,070,000 for U.S. Antarctic Logistical For the first time, $350,000 was provided in Support Activities. California. fiscal year 2001 specifically for technical as- 29. An increase of $750,000 for the Des 9. $106,510,000 for Integrative Activities, in- sistance grants. Prior to fiscal year 2001, Moines Science Center in Des Moines, Iowa. cluding $4,000,000 for the Science and Tech- technical assistance grants were funded sole- 30. An increase of $4,000,000 for infrastruc- nology Policy Institute, $26,610,000 for the ly from interest collected from the revolving ture needs at Mauna Kea Astronomy Edu- Science and Technology Centers, and loan program. The conferees recognize that cation Center at the University of Hawaii, $75,900,000 for Major Research Instrumenta- the technical assistance grant program is Hilo. tion (MRI). NSF is expected to continue its 31. An increase of $1,000,000 for the NASA/ oversubscribed and have agreed to augment ongoing MRI program with developing insti- Bishop Museum partnership in Honolulu, Ha- the available funds with appropriations tutions. waii. again in fiscal year 2002. Additionally, the The conference agreement increases the 32. An increase of $1,500,000 for the Wis- conferees support the revolving loan pro- budget request level for all directorates, and consin Initiative for Math, Science, and gram and recognize that demand for loans to provides specific increases of $25,000,000 for Technology education at the University of assist low-income credit unions remains information technology research, $25,000,000 Wisconsin, Green Bay. strong. In order to provide the maximum for nanotechnology, and $12,500,000 for in- 33. An increase of $250,000 for St. Mary’s benefit to both programs from available creased energy and fuel costs in the polar County Public School Technology Center, funds, the conferees have supported both pro- and ocean sciences as well as national facili- St. Mary’s County, Maryland. grams by making available the majority of ties in physics and materials. The conference 34. An increase of $3,000,000 for construc- funds for the revolving loan program recog- agreement also directs NSF to undertake a tion of a life sciences facility at Brown Uni- nizing that interest accrued on these loans study to determine its appropriate role in versity. will increase the funds available for tech- support of regional innovation activities. 35. An increase of $2,000,000 for instrumen- nical assistance for low-income credit unions The conferees have not included funds from tation and laboratory development at Rowan in the future. within the NSF appropriation for maintain- University in New Jersey. While the conferees are supportive of the ing the integrity of the Homestake Mine site 36. An increase of $5,000,000 for infrastruc- CDRLF, the conferees find that the budget in Lead, South Dakota and instead have pro- ture improvements at the School of Science submission for the CDRLF lacks the appro- vided funding from within the Community and Mathematics at the College of Charles- priate information for the Committees to Development Fund under title II of this Act. ton in South Carolina. base future funding decisions. For fiscal year While the conferees acknowledge the role 37. An increase of $1,500,000 for Muhlenberg 2003, and thereafter, the conferees direct that NSF and the National Science Board will College in Lehigh County, Pennsylvania to the National Credit Union Administration play in determining whether the mine is a develop a national model for using NASA (NCUA) provide detailed budget justifica- suitable facility for proposed research, as data and technologies in the k–12 and higher tions for the loan program and technical as- well as whether such proposed research education classroom. sistance grant program. The budget jus- should be a priority for the NSF, it is not ap- 38. An increase of $750,000 for the Texas En- tification should include a description of the propriate for NSF to maintain the mine gineering Experiment Center at Texas A&M program including the allowable purposes of until such determinations are made.

VerDate 06-NOV-2001 04:09 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.124 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7833 In presenting the Budget Estimates and the mission to be accomplished with appro- management. Accordingly, the conferees Justification Materials for fiscal year 2003 priations made available through this ac- agree to provide $5,000,000 above the budget and beyond, the conferees direct the Founda- count. request to the Corporation to support addi- tion to provide five-year plans for all multi- EDUCATION AND HUMAN RESOURCES tional mixed-income affordable rental devel- disciplinary programs which specify, among opments. The conferees direct the Corpora- Appropriates $875,000,000 for education and other details, the funding level and justifica- tion to include details on how many addi- human resources instead of $885,720,000 as tion for each program or project. tional affordable, rental housing units have proposed by the House and $872,407,000 as pro- been created through this set-aside in its fis- MAJOR RESEARCH EQUIPMENT AND FACILITIES posed by the Senate. The conferees agree to cal year 2003 budget justifications. The Cor- CONSTRUCTION the following funding levels within this ac- poration should also include information on Appropriates $138,800,000 for major research count: the number of families served that have in- equipment and facilities construction in- 1. $80,000,000 for EPSCoR. In addition to comes below 30 percent of the area median stead of $135,300,000 as proposed by the House funds provided through the EHR account for income. There is a substantial shortage of and $108,832,000 as proposed by the Senate. EPSCoR, the conferees expect the NSF to available, affordable housing for these ex- Included within the appropriated amount is provide an additional $30,000,000 from within tremely low-income families throughout the $16,900,000 for the Large Hadron Collider; the Research and Related Activities account Nation, and the conferees urge the Corpora- $24,400,000 for the Network for Earthquake for research to be conducted at EPSCoR in- tion to continue its efforts to meet the hous- Engineering Simulation; $35,000,000 for con- stitutions, bringing the total NSF EPSCoR ing needs of these families. The conferees tinued development, production, and instru- effort to $110,000,000. also direct the Corporation to increase its ef- mentation of the High-Performance Instru- 2. $28,000,000 for the Louis Stokes Alliances forts in smaller metropolitan areas and rural mented Airborne Platform for Environ- for Minority Participation program. areas where very serious housing problems mental Research (HIAPER); $35,000,000 for 3. $17,000,000 for the HBCU Undergraduate exist. Terascale Computing Systems; $15,000,000 for Program. start-up costs of the IceCube Neutrino Detec- 4. $160,000,000 for the Math and Science SELECTIVE SERVICE SYSTEM tion project; and $12,500,000 for initial con- Partnership program. The conferees have SALARIES AND EXPENSES struction of the Atacama Large Millimeter agreed to provide significant funding for this Appropriates $25,003,000 for salaries and ex- Array (ALMA) radio telescope. new program despite limited details provided penses as proposed by both the House and the The conferees note that the amount pro- through the budget submission. The Founda- Senate. The conferees agree to limit recep- vided for Terascale Computing Systems rep- tion is strongly urged to provide regular, de- tion and representation expenses to $750 in- resents the initial segment of a three-year tailed information to the Committees on Ap- stead of $500 as proposed by the House and program expected to cost no less than the propriations regarding the planning and exe- $1,000 as proposed by the Senate. budget request of $55,000,000. While the con- cution of this new initiative. TITLE IV—GENERAL PROVISIONS ferees remain committed to this program as 5. $5,000,000 for Noyce Scholarships con- outlined by the Foundation, it was deter- sistent with the provisions of H.R. 1858 as re- Retains twenty general provisions pro- mined that funding the program on an an- ported to the House of Representatives. posed by both the House and the Senate and nual basis made it possible to provide ade- 6. $11,000,000 for the Office of Innovation which were included in the fiscal year 2001 quate resources to other priority projects. Partnerships. Act. The conferees are aware that the NSF In- 7. $5,000,000 for a new undergraduate work- Modifies language proposed by the Senate spector General has found that funds associ- force initiative, which is to include a new, prohibiting HUD from spending funds for any ated with the construction of large scale re- merit-based, competitive grants program for activity in excess of amounts described in search facilities have also come from other colleges and universities for increasing the the budget justification unless otherwise NSF appropriation accounts. This obscures number of undergraduate degree recipients provided for in this Act or through a re- the full cost of these projects. The conferees in science and engineering, consistent with programming of funds. agree that the renamed major research the provisions of S. 1549. Retains language proposed by the House equipment and facilities construction 8. $105,500,000, an increase of $10,000,000 prohibiting EPA from using funds to imple- (MREFC) account is to provide resources for above the budget request, has been provided ment the Registration Fee system codified the acquisition, construction and commis- to increase graduate level stipends for the in 40 CFR subpart U if the authority to col- sioning of large scale research facilities. research and teaching fellowship programs lect fees authorized in FIFRA is extended for Planning, design, operations, and mainte- and the trainee program administered by the one year beyond September 30, 2001. nance costs are contained within the re- Foundation through its Graduate Education Retains language proposed by the House search and related activities account. The subactivity. The conferees support increas- amending the Cerro Grande Fire Assistance conferees also remain concerned about the ing the graduate stipend level to $21,500 dur- Act to read ‘‘within 120 days after the Direc- implementation of NSF’s Large Facility ing fiscal year 2002 if funding permits. tor issues the report required by subsection Projects Management & Oversight Plan, 9. $2,600,000 above the budget request for (n) in 2002 and 2003.’’ dated September 2001. the Human Resource Development sub- Retains language proposed by the House The conferees have directed NSF to pro- activity has been provided to establish an prohibiting VA from using funds to imple- vide a report regarding the full life-cycle initiative that will stimulate the competi- ment the proposed requirement that mili- cost of each of the projects or facilities fund- tive research capacity of Historically Black tary retirees must choose either VA’s or ed through this account since its inception. Colleges and Universities which offer doc- TRICARE’s health care system. The conferees have taken the unusual step of toral degrees in science and engineering. The conferees have included modified lan- including this statutory requirement due to guage related to a national primary drinking SALARIES AND EXPENSES its continuing concerns for the expenditure water standard for arsenic as published in of resources for major research equipment Appropriates $170,040,000 for salaries and the Federal Register on January 22, 2001, in- projects and current senior management’s expenses as proposed by the House and the stead of language proposed by the House and ability to adequately address this issue. Senate. the Senate. The language adopted by the The report should identify, for each project OFFICE OF INSPECTOR GENERAL conferees prohibits a delay in setting a new and by fiscal year appropriation account Appropriates $6,760,000 for the Office of In- regulation other than that prescribed in the used, the costs of planning, design, and de- spector General as proposed by the House final rule of January 22, 2001, which includes velopment; acquisition, construction, and and the Senate. an arsenic standard of 10 parts per billion commissioning; and operations, manage- (ppb). NEIGHBORHOOD REINVESTMENT CORPORATION ment, and maintenance. This report, which In adopting this legislative provision, the should also demonstrate significant imple- PAYMENT TO THE NEIGHBORHOOD conferees acknowledge that an arsenic stand- mentation of the large facility management REINVESTMENT CORPORATION ard of 10 ppb will likely pose significant fi- and oversight plan, is to be provided to the The conferees agree to provide $105,000,000 nancial costs on many small communities, Committees on Appropriations no later than for the Neighborhood Reinvestment Corpora- and many of these communities may find it February 28, 2002. tion as proposed by the House instead of impossible, because of the financial burden, The conferees further direct the Founda- $100,000,000 as proposed by the Senate. to be in compliance by 2006 as the rule re- tion to provide, in its annual budget submis- Language is included in the bill which des- quires. The conferees are concerned that, be- sion to the Congress, a detailed priority- ignates $10,000,000 to support the Corpora- cause of their complexity, the current waiver based description, multi-year budget, and tion’s section 8 homeownership program, as and exemption provisions found in sections milestone plan for all projects funded or pro- proposed by both the House and the Senate. 1415 and 1416 of the Safe Drinking Water Act, posed to be funded through the MREFC ac- The conferees remain concerned about the as amended, may not provide sufficient flexi- count, including those projects currently in shortage of available, affordable rental hous- bility for the small communities to receive the formal planning and development phase ing across the Nation. The Corporation has additional time to reach compliance. As a re- prior to National Science Board approval. been successfully producing mixed-income sult, the conferees are very concerned that The conferees have changed the name of affordable rental housing through the use of numerous small community water systems the account to Major Research Equipment ‘‘mutual housing’’, acquisition and preserva- may not be in compliance by 2006, and that and Facilities Construction to better reflect tion of existing units, and a focus on asset some very small communities may abandon

VerDate 06-NOV-2001 04:09 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.126 pfrm02 PsN: H06PT1 H7834 CONGRESSIONAL RECORD — HOUSE November 6, 2001

their municipal systems in favor of un- Committee on Environment and Public VIRGIL GOODE, Jr., treated and unregulated private wells which Works needs to address the State Water Pol- ROBERT B. ADERHOLT, could create significant other health risks lution Control Revolving Fund. BILL YOUNG, for these communities. The conferees agree Inserts language clarifying the use of funds ALAN B. MOLLOHAN, that the Congress and the Administration available to NASA from timber sales. MARCY KAPTUR, must act swiftly to provide both the time New language is included to facilitate the CARRIE P. MEEK, and the means for many small communities use of funds provided through HUD’s Com- DAVID PRICE, to meet the new 10 ppb standard. munity Development Block Grant (CDBG) ROBERT E. CRAMER, Jr., To this end, the conferees direct the Ad- program to aid in the recovery of New York CHAKA FATTAH, ministrator of EPA to begin immediately to City from the September 11, 2001 terrorist at- DAVID OBEY, review the Agency’s affordability criteria tacks. The conferees are aware funds appro- Managers on the Part of the House. and how small system variance and exemp- priated to the President in Public Law 107–38 BARBARA A. MIKULSKI, tion programs should be implemented for ar- have been set aside to be provided to the PATRICK J. LEAHY, senic. In addition, the Administrator should State of New York for assistance to New TOM HARKIN, recommend procedures to grant an extension York City for properties and businesses af- ROBERT C. BYRD, of time in meeting the compliance require- fected by the terrorist attacks of September HERB KOHL, ment for small communities when a commu- 11, 2001 and to assist in the City’s overall TIM JOHNSON, nity can show to the satisfaction of the Ad- economic recovery. Given the extraordinary ERNEST F. HOLLINGS, ministrator that being in compliance by 2006 level of damage to New York City caused by DANIEL K. INOUYE, poses an undue economic hardship on that the terrorist attacks and the unique cir- CHRISTOPHER S. BOND, community. In developing these procedures, cumstances affecting the economic recovery CONRAD BURNS, the Administrator should consider those ac- of the area, the conferees have included lan- RICHARD C. SHELBY, tions which can be taken administratively guage authorizing the one-time waiver of re- LARRY CRAIG, by the Agency and those which will require quirements as the Secretary deems appro- (except for general the enactment of legislation. The conferees priate to facilitate this recovery. do not intend to create loopholes in the Safe Prior to the release of funds, the conferees provision on ar- Drinking Water Act for compliance to a na- expect the State of New York to submit and senic), tional arsenic standard. Rather, the con- to secure approval from the Secretary of a PETE V. DOMENICI, ferees wish to emphasize that they expect plan that would allocate these funds to the (except for general the Agency to adopt without delay all appro- highest priority economic development provision on ar- priate available administrative actions per- needs to address the emergency situation senic), mitted under existing law to facilitate rea- pursuant to the terrorist attacks of Sep- MIKE DEWINE, sonable extensions of time for compliance of tember 11, 2001. Language is also included re- TED STEVENS, these communities. quiring certain notification requirements on Managers on the Part of the Senate. The Agency is directed to report to the the use of these funds and relevant waivers f Congress by March 1, 2002 on its review of the being granted. The conferees request that THE GREATEST GENERATION affordability criteria and the administrative HUD provide quarterly reports to the Com- actions undertaken or planned to be under- mittees on Appropriations on the obligation The SPEAKER pro tempore. Under a taken by the Agency, as well as potential and expenditure of these funds. previous order of the House, the gen- funding mechanisms for small community The conferees do not expect these funds to tleman from Connecticut (Mr. LARSON) compliance and other legislative actions, be used to compensate or otherwise reim- is recognized for 5 minutes. which, if taken by the Congress, would best burse insurance companies for losses related Mr. LARSON of Connecticut. Madam achieve appropriate extensions of time for to the terrorist attacks. The conferees un- Speaker, we are a nation at war, a war small communities while also guaranteeing derstand that issues related to insurance maximum compliance. costs and the terrorist attacks are currently the President has said may take years. Retains language proposed by the House under review by the relevant House and Sen- He has asked for the Nation’s patience establishing the Minority Emergency Pre- ate authorization committees. and perseverance to deal with the per- paredness Demonstration Program at FEMA. CONFERENCE TOTAL—WITH petrators of terror and bring them to Deletes language proposed by the House COMPARISONS justice. A united nation stands pre- prohibiting the VA from implementing the pared to make the necessary sacrifice ‘‘Plan for the Development of a 25-Year Gen- The total new budget (obligational) au- eral Use Plan for Department of Veterans Af- thority for the fiscal year 2002 recommended and put up with the heightened secu- fairs West Los Angeles Health Care Center.’’ by the Committee of Conference, with com- rity that disrupts our daily lives. It is The conferees have instead included report parisons to the fiscal year 2001 amount, the an inconvenience that pales in com- language in medical care urging the develop- 2002 budget estimates, and the House and parison to the sacrifice of those brave ment of a reasonable development plan Senate bills for 2002 follow: Americans at the World Trade Center, which is suitable for the community and im- [In thousands of dollars] the Pentagon, and the fields of Penn- proves access to VA services. New budget (obligational) sylvania on September 11. Modifies language proposed by the House authority, fiscal year For elder Americans, this is a second prohibiting funds to be used to implement or 2001 ...... $108,346,441 day of infamy that they have per- enforce the community service requirement Budget estimates of new of the United States Housing Act of 1937 ex- (obligational) authority, severed through, the first being Decem- cept for residents of projects funded under fiscal year 2002 ...... 110,671,650 ber 7, 1941. These Americans, that Tom HOPE VI. House bill, fiscal year 2002 112,742,553 Brokaw aptly describes as ‘‘the great- Deletes language proposed by the House Senate bill, fiscal year 2002 113,351,308 est generation’’ know all too well the prohibiting funding of any person or entity Conference agreement, fis- meaning of sacrifice and resolve. No convicted of the Buy American Act. cal year 2002 ...... 112,742,537 generation has shouldered more proud- Retains language proposed by the Senate Conference agreement requiring HUD to submit a report by Janu- ly this Nation’s rise to world power. No compared with: generation has borne such a heavy bur- ary 8, 2002, detailing obligations and expendi- New budget tures of title II funds for technical assist- (obligational) author- den. None stands more committed than ance, training or management improvement ity, fiscal year 2001 ...... +4,396,096 they to stand with the Commander in activities. Budget estimates of new Chief during this struggle. They know Deletes language proposed by the Senate (obligational) author- intuitively, as did the first President of amending section 70113(f) of title 49. ity, fiscal year 2002 ...... +2,070,887 their generation born in this century, Deletes language proposed by the Senate House bill, fiscal year that we must put Nation above self. regarding playground equipment. The con- 2002 ...... ¥16 ferees have instead included report language With all the patriotic fervor and re- Senate bill, fiscal year solve, they stand committed today to under EPA and CPSC directing those agen- 2002 ...... ¥608,771 cies to submit reports regarding chromated face any challenge, conquer any foe copper arsenate-treated wood playground JAMES T. WALSH, and sustain a nation free of terror for equipment. TOM DELAY, their children. Proud veterans know Deletes language proposed by the Senate DAVID L. HOBSON, that this is a match that cannot be providing $115,000,000 from NSF funds for JOE KNOLLENBERG, postponed and comfort the young, in EPSCoR, which includes $25,000,000 in co- RODNEY P. funding. FRELINGHUYSEN, return, with the words of Roosevelt Deletes language proposed by the Senate ANNE M. NORTHUP, that ‘‘We have nothing to fear but fear expressing the Sense of the Senate that the JOHN E. SUNUNU, itself.’’ They are in every sense of the

VerDate 06-NOV-2001 04:09 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.127 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7835 word magnificent citizens and role Mr. STRICKLAND. Madam Speaker, and has been placed on probation. Here models. They have given much and tonight we are gathered to discuss a se- we have a company that we continue to asked little in return. rious issue, and that is the issue of air- allow to be there, continue to allow They hear all the platitudes and line security. One of my colleagues them to do the things they have been promises. They are celebrated in from the great State of Texas is here doing. speech and in books and in the movies. and is on a limited time schedule, so I b 2030 But it is hard, hard to go home and will begin this hour together by turn- look them in the eye and say there is ing the time over at this point to the It is obvious that the private compa- no prescription drug relief, to say we gentleman from Texas (Mr. nies do not provide the type of security are exhausting the Social Security sur- RODRIGUEZ). that we need. The private companies, plus not only to fight Osama bin Laden Mr. RODRIGUEZ. First of all, let me no matter what, are going to cut cor- but to provide corporate tax cuts. It is congratulate the gentleman on taking ners. When it comes to our national se- hard to look them in the eye as they this opportunity for us to come and say curity, we should not live with those travel to Canada for prescription drugs a few words on this very important types of situations where they are while Congress rolls back the alter- issue. It is an issue that we recognize going to cut corners. native minimum tax. that we have not come to grips with Mr. STRICKLAND. Madam Speaker, Even amidst what must be hurtful to since September 11, and I just wanted the gentleman talks about the private them, they never waiver. They stand to share with my colleagues a couple of security company that is responsible by their Nation, their flag, their be- statistics. for the situation in Chicago. That same liefs, prepared to sacrifice yet again for Prior to September 11, we had over 9 company is responsible for the security the Nation they love. Living out their million passengers. After that date, we at the Columbus, Ohio, airport which I lives in dignity is all they ask. Plati- have had only 5 million. So we have flew out of this morning. While I was tudes and promises do not heat their had a drastic decrease. standing in line waiting to get on the homes, put food on their table, or pay There is no doubt that people have airplane, there was a lady who started for the prescriptions needed to sustain some serious concerns about flying. A talking about her frustration. She their lives. Their generation believes lot of people that are flying now are knew I was a Member of Congress, and you should be known by your deeds, those that have business and those that she said we need to federalize these not by the words that translate into have to, but a lot of people are choos- workers. Who can I write to and ex- empty promises. ing not to fly. And for good reasons press my opinion. I shared with her There will be numerous speeches they feel insecure in terms of the situa- some names that she could contact. given on Veterans Day exalting the tion that they find themselves in. Then she told me this story. She said brave men and women of our Nation. The actions of the House leadership when I came to the Columbus, Ohio, Wreaths will be placed at memorials have delayed the passage of strong air- airport, and I am a quilter, I went and people will gather in solemn re- line security legislation. Politics must through security and after I went membrance and in firm resolve. When give way to action. This is not the time through security, I realized I had a Members are back in their districts for to be partisan. This is not the time to large pair of scissors and what she de- parades and speeches and memorials, be playing games at the expense of our scribed as a rotary blade cutter. She they should take a long look in the national security. It is a time to deal got through security and realized she eyes of those veterans. We stand on with it. It has been 7 weeks. So we have had these scissors and blade. She said their shoulders, the benefactors of to come to grips with it. they were valuable to me, and I knew if their sacrifice and accomplishments. We must provide the best security we I was caught with them, they probably They are prepared to see this second can at our airports. Not just adequate would take them away, so she went day of infamy through until justice is security, not just sufficient security; back through security and took them served. If only Congress would respond no, we need to provide the best secu- to her car and left them in her car and with the same resolve for them, the re- rity, and we will not get the best secu- then came back to the airport. She said solve to see their twilight years lived rity if we continue to auction it off to I am furious I was able to get through out in dignity, the resolve to provide the lowest bidder. We have to come to security this morning with those scis- them with affordable prescriptions learn the hard way that airline secu- sors on me. here at home. If only Congress would rity is a national security. So we need Madam Speaker, it is happening over show the willingness to sacrifice a cor- to recognize that national security and over and over. This one particular porate tax cut to preserve a life, to should be in the hands of highly company, the Argenbright company, heat a home, to have a nutritious meal. trained, highly motivated Federal law seems to be very, very lax in the expec- If only Congress had the resolve to pre- enforcement personnel. tations they have for their employees, serve Social Security and Medicare, The current work force, brought to apparently for the training they pro- the programs that have kept our elder- us by private contractors, are under- vide; and certainly they are very lax ly barely above the poverty line. paid and undertrained, and we recog- with the supervision. Otherwise, these This is an unprecedented oppor- nize that. We all understand that, and multiple incidents would not happen. It is a dangerous situation. Some of tunity. The Nation stands united be- we all realize that we have a serious my colleagues have expressed that they hind the President and Congress to problem. This weekend someone man- think I ought not to say that flying is root out terrorism. aged to slip through at the O’Hare Air- port at Chicago. He did not just have not safe. So I will say it this way: fly- f one knife but seven folding knives with ing still has a risk attached to it. Is The SPEAKER pro tempore. Under a blades up to 4 inches. He also had a that risk less than it was before Sep- previous order of the House, the gen- stun gun and a small container labeled tember 11? Perhaps. In some cases it tleman from California (Mr. SCHIFF) is teargas pepper spray. may be much, much less. But the fact recognized for 5 minutes. This is unacceptable. The American is that people have a right to accurate (Mr. SCHIFF addressed the House. people expect our airport security per- information. The American traveling His remarks will appear hereafter in sonnel to be able to handle the job and public has a right to know what kind of the Extensions of Remarks.) be able to do the right thing. We can- security exists before they choose to f not take chances. We cannot accept get on an airplane and fly, especially if what we have before us, and we have to they are going to put their family AIRLINE SECURITY BILL make sure that when it comes to tour- members at risk. We are trying to in- The SPEAKER pro tempore. Under ism, when it comes to trade, when it form the public, and the public is the the Speaker’s announced policy of Jan- comes to security in the air that we one that will ultimately force this Con- uary 3, 2001, the gentleman from Ohio make it as secure as possible. gress to do the right thing and force (Mr. STRICKLAND) is recognized for 60 What disturbs me is that the com- the airlines to do the right thing. Until minutes as the designee of the minor- pany at O’Hare is the same company they feel safe, they will not return to ity leader. that has already been cited by the FAA the airlines as they have in the past.

VerDate 06-NOV-2001 04:09 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.091 pfrm02 PsN: H06PT1 H7836 CONGRESSIONAL RECORD — HOUSE November 6, 2001 Mr. RODRIGUEZ. Madam Speaker, I very unfamiliar territory now, and we the weekend had a long, thoughtful agree with the gentleman completely. have to carefully assess what con- editorial opinion chiding this House for A survey showed that 85 percent of stitutes appropriate responses in this not doing the right thing and saying we Americans support the importance of very new world that we are living in need to federalize this responsibility. federalizing our airline screeners. because whatever our response, we will We still have that opportunity because There is no doubt even after we have leave a permanent mark on the lives of the House and the Senate will take Federal workers we are still going to the American people. their competing bills to conference, have some breaches. But I feel con- If Congress passes the aviation secu- and we still have an opportunity to fident that those people can do a better rity measure that the House passed have a bill that federalizes these work- job in making sure. I have had some ex- last week, I believe that the American ers and makes the situation not per- perience with Customs workers. Those people will know, they will not be sur- fectly safe because it will never be per- Customs workers have the experience prised, and we cannot fool them that fectly safe to fly, but as safe as we can and are able to tell and question peo- we have passed a status quo proposal. make it. Thus far we have not passed a ple. For example, on the Mexican bor- We will not have passed the best pro- bill that makes the traveling public as der, they were able to catch some peo- posal. The public will know that we safe as they can be or as safe as they ple by asking where are you headed and passed a measure to keep those same should be. why are you going there. They sensed private companies in charge that the Ms. WOOLSEY. Madam Speaker, first some problems, and they were able to gentleman from Texas and the gen- of all I read that same USA Today arti- catch them. They have worked there tleman from Ohio just referred to. cle on the airplane flying here from and they understand. Those are the same companies in California this morning. I was hoping The type of workers employed as air- charge on September 11, and they are that everybody else on the airline was line screeners, we have all seen the still in charge of security. missing it because it was kind of turnover rates. Up to 400 percent. Not The public will know that as Mem- frightening. to mention that same company has bers of Congress we did not rise to the I do not know if the gentleman heard hired people with criminal records. occasion and we will not pass the rem- the pilot that spoke at our press con- Here we have some criminals who have edies that were desperately needed. ference last week before we voted on been in jail, they are providing our se- Mr. STRICKLAND. Madam Speaker, the aviation security bill. He said one curity. We have a real problem in this we had quite a heated debate last week of the reasons the opposition to fed- country. I hope that we come to grips about two competing approaches. One eralization is speaking so loudly is that with these issues. would federalize our airline security they fear that federalization will equal Whether my colleague is a Repub- workforce so the traveling public labor unions. He said, I want to remind lican or a Democrat, we need to do the would know they were being protected the public, I want to remind everybody right thing; and the right thing is to by those who were answerable to Uncle here today and the press, that all of get good law enforcement people. Na- Sam, who were law enforcement per- the heroes in this country since Sep- tional security is nothing less. sonnel, who were properly trained, who tember 11, the pilots, the airline at- I heard today on the House floor the were adequately paid, and who were su- tendants, the firefighters and the po- discussions about the fact that a Mem- pervised. lice officers, every single one of them ber was angry on the Republican lead- I would like to just share with the belong to a labor union. So what is the ership that we made an indication that gentlewoman some thoughts that I saw fear? The gentleman is right, we do have our security here in the Capitol is fed- in an editorial in USA Today on No- another chance. Our chance this week eralized. They are Federal workers. He vember 6. ‘‘House Barters Away Strong would be to agree to the other body’s was embarrassed that we compared Protections for Flyers.’’ Want to know language to federalization, follow their them with the workers in airline secu- why at a time when tight airline secu- lead and agree to some really meaning- rity. They should not be any less. They rity is needed, the House rejected a ful provisions that will put our citizens should be trained. Just because they tough bipartisan bill and passed a weak first, not the airlines, not the private look at luggage and people coming version favored by the Republican lead- companies that contribute great ers? First, stop looking at the House as through, they need to be trained. They amounts of money to these individuals a law-making body; think instead of a also need to be on the lookout for the that are insisting that we stay private. types of people that are coming flea market. Since the other body did vote 100 to ‘‘Last Thursday, the day of the vote, through. It becomes important that we nothing, we know that is a bipartisan the House was one big bazaar. Law- do the right thing. idea. We also know that the public is Madam Speaker, I thank the gen- makers with swing votes were doing going to watch what we are doing, and tleman for allowing me to go a little the selling. Their price: Last minute they want us to take care of them. ahead of everyone else. I thank the special interest amendments and polit- Mr. STRICKLAND. Madam Speaker, gentleman for what he is doing. It has ical pay offs.’’ That is the opinion of the gentleman from Washington (Mr. been 7 weeks since September 11. Hope- USA Today. INSLEE), who is an attorney, has joined fully, we can get some Federal law en- After the Senate passed a bipartisan us; and I would like to inquire regard- forcement workers that know what bill 100 to nothing, and as the gentle- ing a legal matter. they are doing. woman from California (Ms. WOOLSEY) Another Member of this body sug- Mr. STRICKLAND. Madam Speaker, stated, we cannot get more bipartisan gested to me because these private I thank the gentleman from Texas for than 100 to nothing; yet there were companies, at least two of the largest joining us tonight. I have some other Members on the other side of the aisle private companies that are responsible colleagues here, including the gentle- that accused many of us in engaging in for airline security at many of our woman from California (Ms. WOOLSEY), bipartisanship. All we wanted was an major airports are foreign-owned com- and I yield to the gentlewoman. opportunity to pass the bill that the panies, as a result, their CEOs would be Ms. WOOLSEY. Madam Speaker, I Senate passed so it could have gone di- unable to get security clearance so thank the gentleman for yielding me rectly to the President, he could have that they would be able to get classi- this time and putting together this signed it into law the next day, and fied information. Special Order tonight. today we could have a strong airline I believe we have been forced to view bill in effect. We were not able to do b 2045 aviation security in a brand new way. that; but I believe when the American The question has been raised with These past events emphasize that avia- people come to realize what is at stake these private security companies re- tion security is vital to our national here, they will force this Chamber and sponsible for airline security, what security, but also to our national econ- this Congress to do the right thing. would happen, for example, if the CIA omy. We have to get people back on I have another editorial from my or the FBI came across information airplanes. We cannot run the business hometown paper, The Portsmouth that was classified in nature but was of this Nation if people will not fly Daily Times: ‘‘Federalize Airport relevant to airline security or some in- from one place to another. We are in Workers.’’ The Columbus Dispatch over cident that may happen. Would it be

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.094 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7837 possible for these private companies to They went out to Dulles Airport a have failed the American people over have access to that information so that couple of weeks ago and they tried to and over again, the companies that they could work collaboratively or run the gate 20 times with weapons have allowed sticks, guns, bottles, would that be possible? Would you have that would show up on the magne- knives, everything short of a Stinger a legal opinion about that? tometer; guns, knives, I do not know missile on these airplanes, have run up Mr. INSLEE. Let me express an what they used. Out of that 20 times, to their friends in Congress and have American opinion, that is just not a seven times people went through with- tried to save their bacon and their con- legal opinion, which is whether you are out being challenged by the security tracts and tried to put a kibosh on this a lawyer or not a lawyer, you want law personnel. Almost half the times they bill that passed the Senate 100 to noth- enforcement information to be used by failed at the Nation’s principal airport. ing, totally bipartisan, because they law enforcement personnel. The company that was already fined $1 are trying to save their contracts and The nature of your question points million for hiring felons we found is their potential profits. out the exact flaw of continuing this hiring felons again. There is nothing wrong with profit, failed experiment of having private Now just the other day we have heard but the problem is, these companies contractors provide this service. They about this story where the guy ran should lose their contracts. These com- are not in a law enforcement context through the system with multiple panies should not be providing this and this is a law enforcement responsi- knives, stun guns, Mace, the only thing service. bility. We do not share law enforce- they kept him from taking on the We have not seen anything in the Re- ment information with people that you plane was a Stinger missile. That was publican bill that will keep these same might not be able to have total con- the only success they had. Yet the Re- companies from not winning these fidence in. Unfortunately, these con- publicans want to continue that status same contracts. This same company tractors have shown nothing but some- quo arrangement. that had seven knives get through se- thing akin to a Keystone Kops ap- The status quo has failed. We hope curity the other day and seven out of proach to this law enforcement situa- this conference committee sticks by twenty through Dulles who are hiring tion. That is why this bill, the Repub- the Senate version which has a Federal ex-felons after they have already been lican bill that passed out of this House responsibility. fined $1 million, under the Republican last week, is generating nothing but Mr. STRICKLAND. I would like to bill could come up and they could get disdain as far as I can tell all across ask my friend a question. Perhaps you the same contract again. That is a pa- the country. cannot give me a definitive answer, but thetic failure of congressional respon- Mr. STRICKLAND. I think I hear you I am puzzled. Why is it that when the sibility. saying that the private companies, the American people overwhelmingly want Mr. STRICKLAND. Is it not true that private security companies, have the to federalize this function, when news- this same company has already been primary motive of making a profit, and papers like the Columbus Dispatch in fined over $1 million? a government law enforcement system Ohio and the New York Times, the Mr. INSLEE. Already been fined $1 would have the primary motive of pro- Portsmouth Daily Times, newspapers million. They got caught again with tecting the public. Is that a fair way of all across this country are editorial- their hand in the cookie jar, hiring ex- phrasing that comment that you just izing in favor of federalizing this secu- felons. You have to ask yourself an- made? other question, how can this system of Mr. INSLEE. As always, the gen- rity function, and the Senate passed a private contractors under Federal su- tleman has done it with much more bill that would do that 100 to nothing, pervision be such a failure? Would one eloquence than I have been able to is it puzzling to you that this House think that if we had a Federal agency muster, but that is exactly right. just would not get on board, do the When we have the Border Patrol, we right thing, pass the Senate version supposedly riding herd on these con- do not contract out the Border Patrol which could go directly to the Presi- tractors we could accomplish a fair de- because we do not want to see the con- dent for his signature? And although gree of training and certification? One tractor’s motivations to have low cost, the President has indicated he is not would think. low bid, cutting corners affect the law crazy about the bill, his spokespersons But the problem is this dirty little enforcement security issues that we have said that he would be willing to secret. We knew in 1995 that these com- have. It is the same with firefighters sign it. We could have such a law in ef- panies were giving us a lousy job, they and police. fect now, today. were not providing adequate security; The reason we feel that way in this Do you have any theory as to why and this Congress passed measures to country is that these jobs are life-and- this House would be so intractable in require the FAA to adopt additional death jobs. If the job is done well, peo- its approach to this issue? rules. But it never happened in 6 years. ple live. If the job is not done well, peo- Ms. WOOLSEY. If the gentleman will The reason is that every time the FAA ple die. This is why we believe so yield, I would like to suggest that if tried to pass a meaningful safety regu- strongly and Americans believe so the GOP version does not sway towards lation, those companies and airlines, strongly all across the country, I am the other body’s, the Senate’s version, too, to some degree, sent lobbyists up hearing on Main Street, I am reading it will be because they really do not to Congress and blocked those safety USA Today, I am reading the Seattle want this to pass at all, because it is regulations. Post Intelligencer, I am reading the not going to pass. We will not get out That is why this experiment is a fail- New York Times, this bill is a clinker of conference with the House version of ure, because our agencies have been because it does not match Americans’ that bill. So nothing will go to the under the control of the ones they are expectations that we have a law en- President and we will not have an avia- supposed to be regulating. And you forcement type system. tion security bill. cannot break that iron cycle unless we Let us just talk for a moment about Mr. STRICKLAND. So we could enter get campaign finance reform which we this Keystone Kops idea. Since Sep- the Thanksgiving holiday season with- have also not had a vote on. The Amer- tember 11, look at what has happened. out a security bill? And people who go ican people need to know that the rea- Since September 11, when you would to the airports to get on airliners son this has not passed is, we have a think these companies would be telling would do so knowing that this House, sick campaign financing system that their employees to be on their best be- this Congress, had failed to take action needs to be reformed. But until we get havior, they would have their best to protect them. That would be truly a that, we need a new system of airline front line people, their most trained sad set of circumstances. safety. people, they would be on their toes and Mr. INSLEE. To answer the gentle- Mr. STRICKLAND. I do not want to they would have bells and whistles on, man’s question, I am not so much puz- put words in the gentleman’s mouth, since September 11, we have had a test zled as I am extremely disappointed be- but as I listened to you, I am starting by the FAA at Dulles Airport that cause it is pretty obvious to anyone to feel some anger. I said earlier I felt serves the Nation’s Capital, you think who has followed this with any but the frustration and puzzlement, but what would be the acme of achievement for scantiest degree of attention what is you are saying, it seems to me, is that these private contractors. happening here. The companies that you believe that there is a system in

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.096 pfrm02 PsN: H06PT1 H7838 CONGRESSIONAL RECORD — HOUSE November 6, 2001 place here that would allow special in- I want to change the thrust of our achieve a high level of security clear- terest money, special interest con- discussion, if I could, somewhat and ance that would enable them to have tributions, to be so influential over the talk about the economic consequences access to classified information which actions of this House that we could of not having an airline security bill in may be essential as the FBI and CIA take action or fail to take action which place. In my home State, we have a and other law enforcement agencies would literally put the lives of Ameri- beautiful airport, Denver International gain access to information, for exam- cans at risk. Is that an overstatement Airport, known as DIA locally. It is a ple, about a terrorist threat. in your judgment or do you think it is driver in our economy and a driver in On the other hand, if this was a Fed- a fair statement? the entire Rocky Mountain West of all eral function, it would be quite easy for Mr. INSLEE. That is a fair state- of the States’ economies that make up these Federal law enforcement agen- ment, that this Chamber put the finan- the Rocky Mountain West. We have cies to work collaboratively, to share cial security of special interests above seen a falloff of about 30 percent in information, to make plans, to develop and beyond the personal security of flights, in concessionaire revenue and strategies together. It seems to me Americans who are in airplanes. It was in subsequent falloff to the local tax that is a glaring problem that I have a very sad day. That is why I hope the collection moneys that accrue to the not heard addressed as we have dis- conferees will change the result that city of Denver, which incidentally has cussed this bill. came out of this House. a responsibility to pay the bonds that Mr. UDALL of Colorado. If the gen- Ms. WOOLSEY. If the gentleman will covered the cost of the airport. tleman will yield further, I want to af- yield, I think it would be good if we I have talked with a lot of people in firm what the gentleman has just laid out right here in our conversation the business community across the pointed out, that we have the oppor- how we think it would be different if it various sectors in our State, high tech, tunity here as we move to provide for was federalized, how the standards telecommunications, manufacturing, the homeland defense, two months ago, would be set, and they would be na- agriculture, you name it, we have it. I few of us had heard that term, ‘‘home- tional standards, and there would be a say, what can we do to bring our econ- land defense,’’ but we now have that re- Federal corps of workers that would be omy back to where it was? They say sponsibility, not only to ourselves and hired, trained, monitored and super- the number one thing we can do is get our constituents, but to our children vised and actually earn a livable wage; people back on airplanes again. and their children. If we were to con- and we would have a work force not too The ripple effect in our economy of tinue the work of the Homeland Secu- dissimilar from the work force we have people using our air transportation rity Commission headed by Senator here protecting us at the Capitol. We system, which is still second to none, is Rudman, a Republican from New Eng- have the Capitol Police. They are Fed- phenomenal. That is why passing this land, and Senator Gary Hart from Col- eral workers. They are not contracted. legislation is so, so important. That is orado, who suggested that we combine We do not contract the Marines. about 40 Federal agencies into a Home- Mr. STRICKLAND. It has been why it was so disappointing to all of us land Defense Agency, part of that brought up in this Chamber on mul- here last week when we did not take would be airline security. It is so, so tiple occasions that we are protected the opportunity to pass the legislation. crucial. It is at the core of our eco- here at the Capitol of the United It was bipartisan in nature, as we all nomic activity and our economic States by police officers. They work for remember. It would have been on Presi- strength. Uncle Sam. Some have taken offense dent Bush’s desk on Friday. We would So I think the gentleman makes a when we have suggested that it is not now today on Tuesday be in the process very good point as to why it is impor- fair for those of us who live and work of implementing this legislation. tant now, as soon as possible, to get in this Capitol to be protected by these I also wanted to just underline what about the job of federalizing our air- well-trained professional individuals, I have heard here too about the law en- port security and airline security sys- who are adequately paid, adequately forcement function that we are trying tem. trained, adequately supervised, while to put in place. The people who are now Mr. STRICKLAND. I would share a we would be willing to let the Amer- doing the security work at our airports thought with my friend from Colorado, ican traveling public expose them- are well-intentioned. Many of them are that I think it may not happen, what selves to unnecessary danger. And hardworking. They want to do a good we are talking about here, it really when we pointed out the unfairness of job. But they are not law enforcement may not happen until the American that, some have taken offense. professionals. But I think it is absolutely fair. Why That is what we want to do by fed- people become so determined that it should you as a Congresswoman or why eralizing this work force. We would be has to happen. By that I mean only should I as a Congressman have a dif- able to provide them with the training, perhaps after the American people ferent level of protection than other with the uniformity of approach, with start calling and writing and making Americans who may be in vulnerable a relationship with the intelligence demands upon their elected Represent- positions and threatened by terrorists? community so that we can do a better atives and upon their Senators. I think we should not. We should not job of catching people who should not I would just share one additional have any less or any more protection. be on our airplanes. We would provide thought from the USA Today editorial. I think what we have now is a system these people with a career track. It says: ‘‘This week a House-Senate that leaves the traveling public, when There are some very thoughtful pro- conference is charged with reconciling they go to our airports, vulnerable. I posals that would link our airport se- the competing bills, giving Congress know there are those who do not want curity system, were it to be federal- one more shot at putting security us to say that, because they want the ized, to Customs and to the Immigra- wholly in the hands of the Federal Gov- American people to go back and live a tion and Naturalization Service. ernment, where it belongs.’’ So we can still do this, as the House normal life. They know our economy b 2100 needs our airlines to be successful and and Senate meets. We just passed a res- the public to feel like they can travel People could work across those var- olution here, or a motion to instruct, safely. ious agencies. I think that is a power- asking that this be accomplished by The public can travel safely if we do ful concept and one that would be very, this Friday, so there is still time this the right thing in this Chamber. It is in very useful to us. week for the American people to let our hands. Mr. STRICKLAND. I do not think the their will be known, to make phone I see that our friend from the great gentleman was here a few moments ago calls or to write letters or to send e- State of Colorado (Mr. UDALL) has when I pointed out an issue that had messages or to visit their Representa- joined us. Welcome. been brought to me regarding the fact tives and express their opinions. Mr. UDALL of Colorado. I thank the that some of the larger private firms Mr. UDALL of Colorado. If the gen- gentleman for yielding. I want to that provide security at our airports tleman will yield further, he makes a thank my good friend the gentleman are foreign-owned firms, and, con- very, very important point; and I want from Ohio (Mr. STRICKLAND) for calling sequently, the CEOs of those compa- to once again remind the viewers that this important special order tonight. nies would be literally unable to the bill had bipartisan support. This is

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.097 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7839 not about Republicans or Democrats. We have to remember that it is the process as providing for the physical This is not about partisan advantage or pilots that fly those planes and the safety of all Americans who use our disadvantage. This is about creating a flight attendants that work so hard to world-class aviation system. new system of airline security that will make us comfortable that are telling Mr. STRICKLAND. I would like to ensure that every person who gets on us and told us last week, federalize the share an anecdote regarding the won- our world-class airline system will system. That is what we would feel safe derful Denver Airport. I know my know that they are going to arrive with. friend is rightly proud of that great safely at their destination. They will They will; the public will. We know it airport; but there is a problem there, know that when they go to the airport is better. So we have one more chance and I would share this true story with that they are going to proceed through this week in the conference discussion, the gentleman. a security system that is going to treat the public does not care what a con- About a month ago some friends of them respectfully, treat them as if ference is or is not, but it is one more mine in Denver, a young man with his their time is important, but also make chance that we can get together and do wife and very young child, were going sure that the bottom line is empha- the right thing. to fly to Columbus, Ohio, to visit this sized, which is to ensure that our air- I agree with the gentleman from Ohio young man’s mother. So they went to line system is safe and secure. (Mr. STRICKLAND) that it is time for the the Denver Airport, they had their Mr. STRICKLAND. My friend under- different Members of Congress here to tickets, they checked their luggage. stands that last week we spent a good hear from their constituency about As they sat there waiting to get on deal of time talking about the fact that this. But we have to remind them, they the plane, they noticed someone who much of the baggage that is placed in cannot send letters, because we do not appeared to be nervous to them, and an airliner is not screened for explosive get any mail. Phone calls, e-mail, call maybe they were allowing their imagi- devices. It is estimated that perhaps 5 the district offices, but be heard. nations to run wild, I do not know if percent is. But even the 5 percent that Mr. UDALL of Colorado. If the gen- they had a right to be concerned or is being screened at Dulles Inter- tleman would yield for another minute, not. But as they observed individuals national Airport, if I could just share a I want to thank my colleague from boarding the plane that they were to personal incident, this happened to me California (Ms. WOOLSEY) for joining us fly, they saw this individual get on three times. I have flown out of Dulles as well. I wanted to make one final their plane, and so they were fright- now five times in the last few weeks, point. ened so they chose to not fly on that and three times I have been selected to Frederico Pena, the Mayor of Denver, airplane, but to drive from Denver to have my luggage screened for explosive well respected for his accomplish- Columbus, which is a long distance. devices. Now, I am not sure what kind ments, helped to see that our new But, guess what? Their luggage of profile I fit. Sometimes I think that international airport was first ap- stayed on that plane. In the past we maybe I am being screened because I proved and then built; and it has now have thought, well, if a person checked am a Member of Congress and they become a world class facility. He then luggage and flew on the plane, they want to convince me that the system is served as the Secretary of Energy and would be unlikely to try to explode working. But here is how they have then Secretary of Transportation. He that plane because they would lose asked me to have my bags screened. wrote an editorial last weekend enti- their own lives. But in this incident I have gone up to the ticket counter, tled ‘‘Federalize Airport Screeners.’’ If the traveling persons did not even I have given them my ticket, I have re- I could, I would like to enter this in bother to take the flight, and yet their ceived my seat assignment. Then the the RECORD. He makes a compelling set luggage remained on that airplane. person behind the ticket counter says of arguments for why we need to move That is another problem. We do not to me, sir, we would like for you to to federalize our workers. He rebuts all match passengers with luggage. take your bag and walk down this cor- of the arguments that have been made Mr. UDALL of Colorado. If the gen- ridor until you come to the first cross- by people who do not want to take this tleman will yield, it strikes me that over, turn to your left, go to the next given the advances in telecommuni- main corridor, turn to your left, and step. I know my colleague, the gentle- cations and computing and data proc- you will see the machine, one of these woman from California (Ms. WOOLSEY), essing, that all we need is the will and CTX machines, $1 million machines, talked about this argument that some- the resources to provide the system you will see one of those machines over how unionizing these workers would re- that would make that bag and pas- on your right, and they will screen sult in them being less productive; and senger match, something that could be your bag for you. Now, that is absolutely absurd. Any we would not have an opportunity to done. person who was devious enough to have dismiss those who were not effective. Mr. STRICKLAND. It absolutely an explosive in a bag would not volun- That is inaccurate at best, and just not could be done. But once again, there is tarily, without being observed or with- right, when you get under the surface a story in the newspaper today saying out being escorted, carry that bag and understand what we were pro- the airlines are opposed to this, be- around and ask someone standing on posing in our legislation last week. cause they say it would cost too much the other side of the wall to screen He says, just one example, that some and it would slow down the process. that bag for an explosive device. It is people say the one-size-fits-all solution We cannot put a price tag on public just simply absurd. would not work. That was one of the safety. There are reasonable things we This Argenbright Company, I as- arguments against our legislation. But can do. It may add somewhat to our in- sume, is involved in that kind of proc- it is uniform, consistent high security convenience. But as that woman in Co- ess. It is so ridiculous, it is almost un- at all airports, which is exactly what is lumbus, Ohio, said to me, this woman believable. I am almost embarrassed to necessary, because terrorists can find who had gotten through security with share that, because I know it is hard the weakest link, as they did when a pair of large scissors, she said, I for people to believe that we would they went to Boston and drove to Port- would not mind the inconvenience if it have a $1 million machine, we would land, Maine, flew back to Boston and kept me safe. But people do not feel have a process in place that would be then boarded those airlines that hit the like what is currently happening is so absurd and call it security. World Trade Center. going to keep them safe. Quite frankly, I see my friend from California has If I could, I want to thank my col- I do not think that will be the case stood. league for hosting this very important until we federalize this effort. Ms. WOOLSEY. Well, this is not Special Order, and I hope a week from Mr. UDALL of Colorado. People of all about being inconvenienced; it is about now we can all celebrate because this backgrounds and professions and expe- being inefficient and senseless. We legislation will be on the President’s riences in my district have said to me, were talking about should we be pro- desk, he will sign it, and before the hol- I will gladly pay the extra $2 or $3 on tected here at the Capitol in a different iday season begins, we can know that each ticket to insure that the security fashion than our constituent in the the American people will not only be system is one that provides me a safe traveling public is protected, and the secure physically, but secure psycho- experience, provides my family and my answer, of course, is no. logically. That is as important in this friends a safe experience, and provides

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.099 pfrm02 PsN: H06PT1 H7840 CONGRESSIONAL RECORD — HOUSE November 6, 2001 all Americans who want to use our air know that they do not have a system We are near the end of our time to- system with the understanding and the like we do; otherwise they would have gether. I am wondering if the gen- security of knowing that they are not lousy security. They would have lousy tleman from Washington (Mr. INSLEE) going to be threatened by another set security because the security compa- would just take a moment and reit- of terrible acts such as we saw on Sep- nies would come in, spread influence erate the process that we are facing tember 11. around and block any safety or yank in here. We have had the House and Sen- I want to thank my colleague for their contracts when they do not do a ate bill. What is likely to happen? How hosting this Special Order tonight. good job. can this bill become law by the end of Mr. STRICKLAND. I thank the gen- Mr. STRICKLAND. Mr. Speaker, re- this week? What needs to happen? tleman for joining us. I yield to the claiming my time, the gentleman has Mr. INSLEE. Mr. Speaker, if the gen- gentleman from Washington. just reminded me of the fact that the tleman will yield, as the gentleman Mr. INSLEE. I just want to answer a gentleman and I sent a letter to the knows, the Senate passed a strong couple of the questions people have Speaker and to the majority leader version requiring the Federal Govern- asked about our plan of federalizing asking that this House of Representa- ment to assume responsibility for secu- these security forces. tives not adjourn, that we stay in ses- rity of Americans in the air. It was 100 One of the arguments against this es- sion throughout this year and attend to zero. The bill came over to the sentially has been you will not be able to the important business of the Amer- House. It languished here for weeks to layoff incompetent people once they ican people. and weeks and weeks after September are Federal employees. People should One of the items we need to be at- 11. The Republican leadership refused realize that in the Senate bill we have tending to is the campaign finance to bring it up, essentially because they made provisions to give additional issue. The campaign finance bill passed could not pass it. They finally brought flexibility to management to lay peo- the Senate. All we need to do is pass it it up last week and a very, very narrow ple off, to take disciplinary action, here in the House. The President has margin passed a different version that consistent with their law enforcement indicated, I believe, that he would sign had this giant hole in it, more Swiss function. the bill if the House were to pass it. If cheese than anything; and now it goes We need to treat these people like we did that, it would be a wonderful to a conference committee where mem- FBI agents, Border Patrol and Federal holiday gift to the American people, bers of the House and Senate will meet Marshals. They should have a similar because the American people could to try to reconcile this to come up with disciplinary system, that perhaps does then have confidence that regardless of a bill. We are just very hopeful that now have more flexibility for management what decision we made in this Chamber that America has found out about this than a different Federal job. That is a regarding airline security and a whole bill and people have found out, as really a red herring, because we have host of other things, that we were Siskel & Ebert would say, it is two taken care of that, to make sure that if doing it out of the right motive, and thumbs down for America on its failure there is incompetence in that work- that we were not doing it because we to federalize this responsibility, that force, we can take care of it, just like were trying to please some large con- the conferees will, in fact, adopt the we need to with Federal Marshals and tributor. That would be an amazing, Senate version and have the Federal the like. That is taken care of. wonderful gift for the American people. Government have Uncle Sam take over The second argument people have That is why I do not think we should this system like they should have done played is there are some other coun- adjourn this House. We should not ad- 10 years ago to prevent guns, knives, tries that have different systems. journ this House in time of war, we sticks, bottles and everything else get- There are some other countries that do should not adjourn this House until the ting through this poor system. people’s business has been attended to. have some private contractors under That can happen in conference com- That is one of the critical items that government supervision, which is fine. mittee. It can be signed into law by Other countries have managed in some we need to address. Monday by the President. We are hop- Mr. Speaker, I yield to the gentle- circumstances to make that work. ing that Americans let their Members woman from California (Ms. WOOLSEY). But those countries are not America. of Congress know what they think Ms. WOOLSEY. Mr. Speaker, every We are 20 times bigger than some of about it so that that is exactly what time the gentleman brings up cam- those countries, number one. Number will happen. two, those countries have not had a 10- paign finance reform, I see the shelf, Mr. STRICKLAND. Mr. Speaker, re- year continued pattern of failure like and if the leaders of this House will not claiming my time, this is the situation: we have had with this system; and, move towards the other body’s federal- A relatively small number of Members number three, and most importantly, izing of aviation security, we are going of the House of Representatives and a those countries do not have a sick cam- to take aviation security and shelve it. relatively small number of Senators paign system that allows these people So there will be campaign finance re- will make up this conference com- with tons of money to come into the form on the shelf, there will be avia- mittee, and they will get together and FAA and Congress and spread influence tion security on the shelf, there will be try to resolve the differences, and then around and stop safety from being im- HMO reform on the shelf. It is all be- they will bring back a final version to plemented. cause of campaign finance reform. The this House to be voted upon and to the gentleman is so absolutely right. b 2115 Senate to be voted upon. So it is still We have to remind everybody that possible, is it not, that that conference Mr. Speaker, that is the difference last week the aviation security bill committee could decide to federalize that we have to pay attention to. only passed out of the House with four this security apparatus? Mr. STRICKLAND. Mr. Speaker, that additional votes on the passing side. Mr. INSLEE. Mr. Speaker, if the gen- is a very good point. It is amazing to That is not a mandate from anybody. tleman will yield, it is very possible, me that a company responsible for the So it needs to go back to ground zero and it is more likely if Americans will security of the traveling public could and be rethought. let their elected officials know that violate procedures, hire felons, give Mr. STRICKLAND. Mr. Speaker, it is that is what they want to see happen, false statements, be fined $1 million of interest that the gentlewoman men- that they want certified Federal mar- and continue to be allowed to provide, tioned three critical issues: campaign shals, Federal officials at these gates quote, ‘‘security to our traveling pub- finance reform, a Patient’s Bill of to make sure people are not taking lic.’’ Rights, which has passed the Senate, bombs and are not hijacking airplanes. Mr. INSLEE. Mr. Speaker, it is a and now airline security. These three And if we do that, we think this con- symptom of the illness that affects our huge issues that are of such great im- ference committee can, should and will system, of why we have not had suffi- portance to the American people could adopt a federalized work force. cient regulation. become law if we could just get the I want to thank the gentleman for But I do not know what the campaign leadership in this Chamber to take the helping to get that message out. system is in some of these countries, stranglehold off this Chamber and let Mr. STRICKLAND. Mr. Speaker, I the Netherlands and other places, but I it work its will. want to thank the gentlewoman from

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.101 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7841 California and the gentleman from the private entrepreneurial activity First of all, Mr. Speaker, I put every Washington State and the gentleman that goes on in airports all over this single person who donates 5 cents to from Texas and the gentleman from country, eliminating airlines taking my campaign on our Web site. Anybody Colorado for joining us this evening. over instead of the variety of airlines can go to it any time they want. That f that we have. is more than the FCC requires. They Federalizing the system would mean require that we disclose periodically NATIONAL SECURITY one airline run by the Federal Govern- anybody that has given us over $200. The SPEAKER pro tempore (Mr. ment. It would mean all pilots, all air- We put everybody there. Everybody KENNEDY of Minnesota). Under the line attendants, everybody I mentioned who gives us any money, we list them. Speaker’s announced policy of January earlier would be part of this, quote, We disclose them. 3, 2001, the gentleman from Colorado ‘‘Federal system.’’ That is what fed- I challenge anyone to go to our Web (Mr. TANCREDO) is recognized for 60 eralizing the system means. site, my Web site, and find any con- minutes as the designee of the major- Now, they use that phrase, ‘‘federal- tribution from Argenbright or any of ity leader. izing the system,’’ but they are not these other organizations that we are Mr. TANCREDO. Mr. Speaker, I rise really talking about that. They are talking about, security organizations. tonight on an issue that is similar to talking about federalizing one tiny lit- I will tell the Members something that which has been discussed on this tle part, making Federal employees of else: if I were in charge right now of floor for the last hour or so, and that is the people who look through that airline security, airport security at national security. It was focused al- screen to determine what is going past DIA, I would think very, very strongly most entirely, the last hour, that is, on the x-ray machine. And they are sug- of firing Argenbright. From everything airline or airport security. gesting that somehow, somehow by I have heard, they are not doing a very It is an incredibly important issue. magic, as if by magic, doing that, mak- good job. That may be the case. But I No one denies the fact that what is ing those people who peer through that suggest, Mr. Speaker, it is easier to fire happening around the country in our screen Federal employees, we will all Argenbright security than it is to fire airports in terms of security has got to be safer. even one Federal employee. be improved, and that there is a great Now, there is a cachet to the whole I suggest something else: if the same deal of concern about how that should concept of federalization. I understand circumstance would happen in the fu- be accomplished, whether it is the fed- it. It is a knee-jerk reaction. The other ture as happened yesterday or the day eralization of screeners at airports or body had that reaction when they before in Chicago when someone went not. passed the original bill. It was a knee- through the security process; now as I That seems to be the major sticking jerk reaction. Some of those Members understand it, here is what happened: point, and it is an interesting one, cer- of the other body closer to the second somebody came through the security tainly. It is not a very relevant point, half of knee-jerk were on television ex- process, and they were detected as car- however. I am afraid it is only a rhe- plaining why that needed to be done rying something that needed to be torical point. It provides the minority and suggesting that there is some enor- identified; and those screeners found party the opportunity to come to the mous advantage to be gained as a re- this gentleman carrying two knives, floor of the House and suggest that the sult of making all of the folks who and they took them away from him. majority party is responsible for a lack screen your baggage and look through What they did not do at that point in of action that would lead to airline and that little machine Federal employees. time was search his baggage. That hap- airport security because we have not But no one has ever said why. pened some point later in the process passed their brand of airport security. Not once, not even in the 1 hour pre- when he was trying to board the plane Now, that is predictable; it is under- vious to this debate that I am having and they found these other knives. standable. That is the way this House tonight, this discussion, did I hear any- Okay. Now let us assume something operates. body say that if we federalize these was wrong in this whole thing, that It is interesting to note that little, if screeners, we will all be safer because. they should have searched his bags ear- anything, can be accomplished in Because why? They will be what? Bet- lier; undeniably true. But remember, terms of true overall airport security ter trained? Well, fine. Does that mean they found, these incompetent private and certainly, very little can be accom- that only a Federal employee can be employees found the two knives ini- plished in terms of national security by trained? tially and took them away. That is simply doing what is suggested needs Well, I do not think so. I do not think what they were supposed to do at that to be done over the objections of the anybody believes that that is the case. point. majority party; and that is to fed- Then why would it be better just to Maybe there was some problem with eralize the screeners that look through make them Federal employees? what should have happened next, and that little box as stuff passes through Mr. Speaker, I do not know how as a result of that, some people may the x-ray machine as one tries to reach many times my colleagues take advan- very well be fired as a result of not one’s flight. tage of that particular mode of trans- doing what was right and following That is really what this is all about. portation, airplanes. procedure. I do not know exactly what Should those people, the screeners, be the procedure was; but if there was Federal employees? Somehow, we are b 2130 something wrong, they could be fired, led to believe that in doing that one I do it twice a week. My family peri- and I would suggest that they should thing, just by making that one person, odically joins me out here. My sons, be fired. We are not talking about an because remember, Mr. Speaker, re- my daughters-in-law, my grandchildren unimportant activity here; we are talk- gardless of the fact that those folks all fly on airplanes quite often. ing about the safety of the flying pub- who were up here for the last hour kept They are the dearest things in my lic. So I think the standards should be talking about federalizing the system, life, and to suggest, as our Members did very high. If somebody did not meet we are not talking about federalizing in the previous hour, that if we vote that standard, they should be dis- the system. against the federalization of airport se- missed. The system includes airplane pilots curity workers, of these baggage Think for a moment, Mr. Speaker, and airplane attendants and baggage screeners, we are really surrendering to what would have happened if the exact handlers and food handlers and me- these money interests who evidently same scenario that I just laid out had chanics and people who sell the tickets have put a lot of money into all these occurred, but the employees there had at the airport and people who pick up campaigns, and that is what has cor- been Federal employees. bags when people come to the baggage rupted the system, they have suggested Does anybody think for a moment, check-in area. That is the system. That that the gentleman or I would in fact by the way, that if we federalize the is the airport system. No one, abso- vote for a piece of legislation because screeners, that this similar type of sit- lutely no one that I know of up to this somebody put money into my cam- uation would not happen? Is that what point in time, has suggested federal- paign, even though I thought that we I am being told by the other body, by izing that whole process, eliminating would be less secure as a result of it. the other body and including the other

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.103 pfrm02 PsN: H06PT1 H7842 CONGRESSIONAL RECORD — HOUSE November 6, 2001 Members who spoke earlier, that if we That is the process that I believe would on, the guard, an employee of a private federalize the screeners by making make us more secure. contractor who had undergone a year them Federal employees, somehow I fly, as I say, every week, Mr. Speak- of training through the Royal Police what I have just described, this process er, twice a week to my family. I would Academy, began questioning the cou- that happened in Chicago, would not never do anything, I would never cast a ple.’’ happen? vote for anything that I did not believe These are examples of what we can Of course, why? Just making them would improve the security for my own have, where we can have Federal over- Federal employees would make them, family, and certainly myself. sight and private actual implementa- what, more astute, more intent on So to suggest that our opposition to tion of the process. making sure that the procedures were this particular proposal is based on, on Japan. At Japan’s Narita Inter- followed? No. It is a problem, of course, what, payments I had gotten, or other national Airport, the airlines hire sepa- of training and of standards. We know Members have gotten, for voting the rate companies to screen checked bag- that. And it is silly to assume that just way we vote? As I say, go look. We gage, but combine to hire one con- simply having Federal employees there were moving close there to taking tractor, one contractor to X-ray carry- would have changed the outcome. down the gentleman’s words when he on bags. But what would have changed, Mr. suggested such a thing. Belgium. Sixty government inspec- Speaker, is the possibility of the kind The other countries, we can look tors work at the Brussels airport to of action taken against the employees, around the world and think about the oversee about 400 employees of private because if they were Federal employ- other countries that have tried this. companies; 60 inspectors oversee 400 ees, regardless of what we try to write Yes, I know that they brought this up employees of private companies. into a law about our ability to fire a saying, well, the other countries have Securitas, an arm of the Swedish Federal employee, about our ability to done this, but they are not like Amer- Securis group, AB. transfer a Federal employee, about our ica. They do not have a political sys- So there are alternatives to this ability to stop a strike or a work slow- tem that allows us or allows their poli- Argenbright outfit, evidently. down of a Federal employee, all those ticians to be bought off. That is what France. In France, airports do the things have been challenged in court; they were saying. hiring of security contractors and must and time and time again they have I do not know about the Speaker, but draw from a list of companies approved been thrown out. I think that kind of statement is irre- by the Interior Ministry. Fine. No So it is just enough to put that into sponsible. I think the suggestion of the problem. a piece of legislation, and to suggest Members on the other side that it is Great Britain. Britain allows its air- that that is the way in which we would only our system of government that port to either hire a contractor or to build a firewall between irresponsible prevents us from federalizing airport perform the work themselves. Fine. action on the part of the union and the security, and that is essentially what Our bill, the bill that they so readily safety of the flying public is a ruse. It they said. Go back and read their castigated over here, does exactly that. cannot happen. We cannot write laws words. They said that other countries It allows the President to make what- to force people or to make it illegal for do not have a system that allows the ever choice he wants in terms of how people to go on work slowdowns and corruption of politics to occur as a re- we will handle this issue, federalization strikes and to actually be fired if they sult of the money that private compa- or private or some combination there- are Federal employees if they do some- nies put into this. of. thing wrong. As I say, I had never heard of But it is the height of hypocrisy to Mr. Speaker, I spent 12 years as the Argenbright Security in my life until come to this floor and suggest that the regional director of the U.S. Depart- this discussion over airport security only way this can be done, because, of ment of Education. I assure the Mem- began some month or two ago. They course, we are the only Nation that bers that the ability to actually dis- have certainly never contributed to my would be in this position of having pri- miss someone for incompetence as a campaign; and I will tell the Members vate security firms overseen by the Federal employee is darned near im- what, if they had given me 5 cents or Federal Government, actually be re- possible. It would take, sincerely, it $5,000, which I suppose is the most they sponsible for the security of our air- would take years; and it would take could give; no, they are a corporation, port; to castigate us for that and not hundreds of thousands of dollars to get perhaps they cannot give a dime. share with the American public the rid of just one, let alone several people I do not know what the actual legal truth of the matter, that there are who we found to be incompetent. status of their arrangement is, but the many governments that do. And this is So I wonder, with that being laid out reality is they have never given us any not a definitive list of those countries there, I just wonder, Mr. Speaker, what money. If they are a corporation, of that have tried federalization of air- would be the outcome if these were course they never have been able to port security and moved away from it; Federal employees who had not fol- give any Member of this body any there are many others. lowed the regulations correctly, as per- money. I suggest that we all should look haps this happened in Chicago? We can So to suggest that our support for a carefully at this issue, and we should at least fire the ones in Chicago. We private company being held to high refrain from suggesting on the floor of will never be able to fire the Federal standards, federally established stand- this House or in any other medium employees who would go through that ards, is somehow injudicious or an as- that if a person votes for or against the same process and unfortunately make pect of corruption, then I suggest that bills that were on this floor not too the same mistakes. we take a very close look at those peo- long ago with regard to airline secu- Now, somehow people, again, as I ple who are making these charges and rity, that we are doing so for any rea- say, would feel better. They would go, ask ourselves, for what purpose would son other than what we believe in our oh, gee, that is all right. I feel better. they be coming to this floor with those hearts to be the best thing for this Na- I am more secure if these guys are Fed- kinds of spurious allegations? tion, and certainly for our own per- eral employees that are looking There are many countries, many sonal security, if nothing else, and for through that screen. countries, such as the Netherlands, the security of our families who fly all That is not it. If Argenbright, which Japan, Belgium, France, Great Britain. of the time. has been referred to oftentimes in the These are excerpts from articles from Now, Mr. Speaker, let me get to the last hour as the major contractor for the Washington Post with regard to second point of my discussion this security, if they are not doing it right, countries who have at one point in evening. It will probably not be a sur- fire Argenbright. Fire Argenbright to- time either employed or used fed- prise that that point is going to morrow. Bring someone else on who eralization as a way to handle the air- revolve around the issue of immigra- can do a better job. If whoever is re- line security and moved away from it, tion and immigration reform. sponsible for hiring and firing or never started it to begin with. I find it fascinating that we spend Argenbright does not do their job, then The Netherlands: ‘‘As an armed mem- many hours on debate, in debate on hold them accountable politically. ber of the Dutch Royal Police looked this floor on the issue of, in this case,

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.105 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7843 airline security, and whether or not to across illegally may, in fact, be coming through that little device at the air- actually make that individual who here to do us harm. port is a Federal employee. Give me a looks through that little box a Federal Mr. Speaker, 19 people, all of them break, Mr. Speaker. Where in the world employee. noncitizens of this country, on Sep- are our priorities here? Do we honest This has just been so, so difficult for tember 11, 19 people, as we all know too to God think that if we only federalize us to handle, such a major issue, such well, hijacked airplanes, crashed them the screeners that we will be safe in an incredibly important change in the into buildings or were prevented from America? That something as horren- procedure in America, that it deserves doing so by the heroic efforts of certain dous, if not even more so than the Sep- the hours that have been spent here in efforts of the crew and/or passengers, I tember 11 event, would not occur? Do debate. should say, on one of those flights. we really believe that? Of course not. I find it amazing that we have chosen Who were they? Who are these peo- Of course not. to spend that much time in the debate ple? Who were these people? All, of It is political rhetoric, my friends. It over whether or not one tiny part of course, unable to tell their own story is partisanship rearing its ugly head on the entire airline system, just the lady because they are dead. But who were this floor. Incredible as that may or man who looks through that little they and how did they get here? sound, that appears to me to be what is screen, should be a Federal employee, My staff asked the INS shortly after happening here; and it is a reluctance that we find that to be the most impor- September 11 for a list of those people on the part of this body, certain Mem- tant thing to talk about when it comes and for their immigration status. We bers of this body certainly, to advance to our Nation’s security; and we spend got nothing back; and finally, the only the concept of immigration reform be- little if any time dealing with what I thing that they told us to look at was cause of the fear of two things: one, the consider to be a far, far more impor- a press release from the FBI that listed political backlash that will occur among certain ethnic groups. tant issue, and that is this: Would it all 19 people and had three of them There is a fear that if we were to try not be better, would it not be better to identified with a particular status, and and clamp down on our borders, espe- spend at least as much time in the de- all of them were visa holders. cially Mexican nationals who come to termination of who gets into this coun- One of those they had identified had the United States, stay here for a long try in the first place, keeping track of overstayed their visa. It turns out that enough period of time, either vote ille- them once they get here; trying to 13 were here on visa status of one form gally themselves or through gaining keep people who want to do us ill, want or another, one category or another, legal status or their children who are to do us ill, is it not better to do that some of those here illegally because born here as American citizens and than to even worry about what happens they had overstayed their visas or were who then vote, would somehow make to them as they go through airport se- not doing what the visa had said they one of our parties pay the price for curity, once they are here, once they were supposed to be doing here. being hard on immigration. are in the Nation? Six of them, Mr. Speaker, up to this point in time, as to this time right There is that fear. There is a recogni- How is it that we can ignore the fact tion of the fact that most of the people, now, November 6, we have not the that there are millions of people in this massive numbers of immigrants com- slightest idea how they got here or who country illegally, that there are mil- ing across the border eventually grow they are. We may know their names, lions of people who have overstayed into, as they become eligible to vote but we do not know what their status their visas, millions of people who vio- and some of them, of course, unfortu- was. We do not know how they entered late our laws all the time, and we are nately, voting even if they are not eli- the United States of America, six of so worried here? gible to do so, but will vote primarily them. The INS finally had to admit it. I heard reference after reference to for one party, in this case the Demo- It is one of those shrug-your-shoulders, the fact that some of these private cratic Party. companies hire ‘‘noncitizens’’ to do the I-do-not-know, I-am-not-sure, I-do-not- So the Democratic Party is reluctant security at the airport, to look through know-how-they-got-here. to talk about this issue, although they that screen. Let me suggest that they did not are very happy to talk about whether come through the regular process. Let b 2145 or not screeners should be Federal em- me suggest that they did not apply for ployees, spend hours on it. But they This has been said with aghast, taken a visa in Saudi Arabia. We would know will not talk about illegal immigrants aback, to use the Casa Blanca line. that. Let me suggest they did not come coming across the border and the They are shocked, shocked to find that through one of the border checkpoints threat that porous borders poses to this noncitizens are being employed at the and use their name. We know that. We Nation. Again, I say it is not the vast airports. Hello, noncitizens, and not would know that. majority of people coming across those just noncitizens but illegal aliens in Let me suggest they got here some borders illegally that pose a threat to the United States are being employed other way. How could that be? How the health of the Nation or the sta- in every aspect of American life; and could it be that somebody could come bility of the Nation in a very imme- no one seems to care about that, and into the United States and we would diate sense, although they may pose no one seems to care about the fact not know it? Of course, that is how that in the long run. But the fact is that hundreds of thousands, in fact, millions of people come into this coun- that unless we secure our borders millions of people cross our borders try. They swim across rivers. They against all of those people who are try- every single year, without going take canoes across rivers in the north. ing to come here illegally, we cannot through the system, without going to It is a little colder. They walk across hope to prevent another incident. apply for a visa, without coming into the deserts of the South or into Even if we did, I understand fully through a border checkpoint so that the mountains in the north, but they well, Mr. Speaker, that even if we did someone could determine who they are come by the millions. do everything I am suggesting, put and where they are going and why. Mil- We have absolutely no plans today to troops on the border, if not active mili- lions of people come across our borders defend against that. Nothing will tary put on National Guard troops to where there is no checkpoint and where change. Nothing has changed. We are secure our borders, use technology to no visa is required. They sneak into approaching the 2-month mark since monitor the borders, use every aspect the country. the tragedy in New York and Pennsyl- of military and police work available It is true that certainly a huge, vast vania; and yet I have seen not one sig- to us to make sure our borders are se- percentage of the people who do that nificant piece of legislation on this cure, overnights and patrols and elec- are not coming here to do harm to the floor or even in the developmental tronic monitoring, if we did all of that, United States. They are coming here stages that would reform the process, we cannot be absolutely positive that for their own personal benefit, and it is reform the immigration system so that nothing else would ever happen as a re- understandable. It is also true that we could begin to think that our bor- sult of somebody sneaking into the some of them may not have the best in- ders are being secured. Nothing. country. terests of the United States at heart. It We are certainly concerned about But let me ask, Mr. Speaker, let me is true that some of them who come whether or not the person that looks ask the American public, should we do

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.107 pfrm02 PsN: H06PT1 H7844 CONGRESSIONAL RECORD — HOUSE November 6, 2001 any less? Should we not do everything Now, unless it has escaped us, Mr. say, do not worry about it. When H–1B we can to make sure that those borders Speaker, and I do not believe it has, holders call them and say, what am I are secure simply because we cannot there has been a change in the econ- going to do, I am out of work, am I make sure they are absolutely imper- omy over the last year. Starting with going to have to go home? They say, vious? the last quarter of the Clinton adminis- well, we are in the process of writing Mr. Speaker, I have said on more tration, the economy has begun a slow regulations, so we will let you know. than one occasion that, God forbid, if but steady decent into what is now un- Other people have been told they have something else happens similar to the deniably a recession. Yesterday, I be- a couple of months to look for another occurrence of September 11, and we lieve it was, unemployment figures job; take another job away from an find that they are perpetrated by peo- came out; and the figures were fright- American citizen because, after all, ple who came into the United States il- eningly high, higher than they have you are here. We would not want you legally, or even came here legally with been in well over a decade. Especially to be disadvantaged. We would not a visa status that we gave them but did frightening in the area of high-tech want you to have to leave the country. not monitor, and they perpetrate an- jobs where hundreds of thousands of The INS is no longer an organization other event of a similar nature, I sug- people have been laid off. that looks out for the best interests of gest, Mr. Speaker, that we are not just Mr. Speaker, in America today there the United States. The INS is an orga- going to be held to be irresponsible as are factually millions of people looking nization that has turned into a bunch a Congress, but we are going to be held for work, people who can operate in of social workers. Immigration social to be culpable. And I recognize that this capacity as a computer pro- workers. That is how they think of this is a very strong statement, but I grammer or whatever and people with themselves, Mr. Speaker. They are not cannot for the life of me figure out why various other skills who are looking for concerned about the health of this Na- it is not true. work. tion, about the impact of massive im- We sit here, Mr. Speaker, with the migration on the overall course of the ability to put in place a system that b 2200 Nation, and certainly not concerned would be far more efficient than pres- I suggest, Mr. Speaker, that it is about the fact that American workers ently exists. We are the only people, time for us in this body to revisit the this Congress is the only thing that can whole idea, the whole issue of H–1B, are being displaced by H–1B visa hold- act. We cannot expect States to actu- and I have, in fact, introduced a bill to ers. Why do we still have H–1B visa hold- ally do the work of immigration reform abolish H–1B visas. I think, Mr. Speak- ers in light of the fact that there has for us. We have to do it. We are the er, we do not need them anymore. I do been a significant turndown in the only ones with that authority and with not think we needed them when we economy? For one reason, Mr. Speaker, that responsibility. passed them. I think we did it as a But why is it that we have refused to favor to some large corporations in the because this body is afraid to take that do so? As I said, there is a political United States because they could get up. There are powerful interests who price to pay, that is for sure. And we people to come to the United States want the H–1B visa status to be ex- understand that there is a political and work for less than they could hire panded, certainly maintained, because benefit to pandering to illegal aliens. an American worker to do the same they get many workers here at a lower There is also on our side of the aisle a job. price than they can hire American reluctance to deal with this issue be- And I say that with the recognition workers for. That is the story. I wish it cause of economic implications. The that there are people in the United were not true, but it is true. fact is that many, many of our jobs are States who I know today are unem- And it is actually totally understand- being taken, many jobs in this country ployed and unemployed because an H– able, I suppose, if you are an employer are being taken by illegal immigrants 1B visa holder took his or her job, took whose eye is only on the bottom line or by people who are here legally but a job that those people would be quali- and could not care less about the are willing to work for less than an fied for and would be doing except, of United States of America. And, believe American citizen would work for. That course, they asked for more money. me, what we now call multinational is true. And, therefore, we have pres- Now, this kind of thing, to my corporations, that is a good, good sure on our side, on the Republican friends on our side who are Libertar- descriptor. They are multinational. side, the people who have business in- ians and who feel as though we should They could not care less about Amer- terests, to avoid doing anything that not really care about the issue of high ica. Their interests are bottom line, might impede the flow of low-cost em- wages for American employees, that it and so should they be. ployees, low-wage, low-skilled people; is all a function of markets and we Maybe we can argue their interests or in some cases like H1B, which I will should just simply erase the borders, should be just that, bottom line. But I talk about in a minute, high-skilled let people come and go freely, that is argue that our interests in this body people but still lower paid. all fine. It is an idealistic concept. But should be for the people in the United Let me go into that for a moment, the idea of open borders, I think by States who are citizens of this country, Mr. Speaker. H1B is a visa category now has been totally and completely who are looking for jobs and are com- that allows people to come into the discredited, for obvious reasons. Look peting with people who have been United States, about 160,000 a year, by where we are. Look what has happened brought into the country, albeit good the way. And they can stay here for up to us. Look what happened on Sep- people. to 6 years to work in jobs that, quote, tember 11. I do not suggest for a moment be- ‘‘no one else will take.’’ Jobs like com- The idea that American citizens who cause someone is here as an H–1B visa puter programmer at some of the most need and want jobs should be kept from holder that they are a bad individual. prestigious companies in America in those jobs because there are H–1B visa That is absolutely not true and irrele- terms of technology. These really rot- holders here is, I think, unconscion- vant. They are fine people looking to ten jobs that no one else will take, able. But it is where we are. better their own lives. I understand it. computer programmer, analyst. And let me tell my colleagues what I empathize with them. But my job is We were told by the mavens of indus- has happened, Mr. Speaker. It is true not to make sure that every single un- try that in this particular arena, tech- because there have been many layoffs employed person in the world is given nology, that we could not hire enough in industry, the high-tech industry es- the opportunity to take an American people. They could not hire enough pecially, that some of these H–1B hold- job. That is not what I consider to be people, qualified people, here in the ers are out of work or were out of my responsibility as a Member of this United States. So we had to grant H1B work. Now, the law says, by the way, body. visa status to 165,000, at least, every that if they are no longer employed by Yet my bill for the elimination of H– single year. Let them stay for 6 years. the company that hired them to bring 1B status will not be heard, I will pre- So we now accumulated several mil- them over here as an H–1B visa holder, dict. We will not even get a hearing, lion, 4 or 5 million people here in the they must go home. That is the law. Mr. Speaker. My bill to put a morato- United States on that status, H1B visa The INS has said essentially that we rium on the deliverance of visas will status. are going to look the other way. They not be heard, I fear. My request, as the

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.109 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7845 chairman of the Congressional Immi- person that is peering through that lit- give, maybe even some other form of gration Reform Caucus, to have a bill tle box a Federal employee will make identification that actually will be that would actually reform the INS by me sleep so much easier at night. Idi- shared with other agencies; and that abolishing that responsibility that otic. Almost incomprehensible. But information from the CIA and other they take so casually, that is for en- here we are. Here we are. groups will all be stored in one place, forcement, abolishing that and cre- By the way, when I talk about my and we will be able to determine ating a brand-new agency that includes suggestion for a bill that would move whether this person trying to come some of the responsibilities that are us in the direction of a brand-new into the United States is connected now given to the INS, Customs, Treas- agency, it will not be heard. I am sure with a terrorist organization; and ury, Coast Guard, and others for border it will not find its way into legislative therefore we will say to them, no, sir, security and internal security. format. I am more than willing to draft you cannot come in, we will not give We would abolish those agencies, or a bill, Mr. Speaker, but if history is you a visa. those parts of agencies that are now any guide, I am going to bet that I Then will we go, oh, thank God, that given that responsibility, an overlap- would not be very successful in getting stopped that. That person is now prob- ping and confusing and conflicting re- that bill heard in the committee of ref- ably going to go home and say, you sponsibility, and create a new agency erence, the Committee on the Judici- know, Mr. bin Laden, I tried to get into under Governor Ridge, under the ary, chaired by the gentleman from the United States but, hey, they would Homeland Defense Agency. We could Wisconsin (Mr. SENSENBRENNER), or not give me a visa. So I guess I just call it the National Border Security any other place in this process. will not go any farther with this plan. Agency, or whatever we want; but let I suggest that there is a problem that I will just go home and take my bomb us make sure that it has only one re- needs to be addressed of far greater sig- with me. I do not think so. I do not sponsibility, not to on the one hand nificance than who pays the salary of think so, Mr. Speaker. hand out green cards and help individ- the person who looks through the Again, let us apply a little logic. If uals get legal status in the United screening device at the airport when that person wants to come into the States, help them figure out a way to we talk about the security of the Na- United States, and let us assume we ac- get here and achieve their life’s dreams tion. Far more serious. Far more seri- tually tighten up visa requirements, as an immigrant, but has as its only re- ous. The defense of the Nation begins then that person, of course, will come sponsibility to make sure that people with the defense of our borders. the way that millions of others come we do not want in this country cannot I find it fascinating, almost, again, every year. He will simply walk across get into this country, and to make sure incomprehensible that time and again I the border, the part of the border that that those people who are here illegally have to come to this floor and plead is undefended, and come into the are deported. with my colleagues to do something United States, probably the same way Now, that is the true and real respon- significant about immigration reform, that at least six of the nineteen hijack- sibility of a Federal Government. It is to do something that would in fact im- ers on September 11 came in. We do not especially our responsibility now. It prove the security of the Nation; that know because, as I say, the INS cannot does not mean we slam the door shut in fact would help us all sleep a little tell us. They have not the slightest to every single immigrant. We will easier. idea how they got here. They shrug hear that, I know; that what we are I ask my colleagues to think about their shoulders. I do not know. Gee, we trying to do is deny our heritage as im- the fact that as we stand here tonight are just the INS, do not expect us to migrants, as a nation of immigrants. on the floor of the House, not one thing keep track of people. Poppycock. It is irrelevant to talk has happened to improve the security Here is an interesting statement that about the fact that we are all here as of our borders, although a great deal of was reported in the Marietta Daily immigrants. attention is paid to trying to get on an Journal in Georgia. It is from Fred Al- Yes, well, so what? What has that got airplane in America. And whether it is exander, who is the INS Deputy Dis- to do with September 11 and what we improved or not, I do not know. I cer- trict Director, speaking to a group of should do from that day forward? It is tainly go through a lot more security ‘‘undocumented day workers.’’ irrelevant. It does not matter. Because every single week than I ever did be- b 2215 if we continually look to the past in fore. that respect to try to determine what But nothing has really happened to If I am driving without my driver’s we do in the future, why do we not sim- change the fact that if a person wanted license, I am undocumented. But if I ply abandon the border? How much of a to come into this Nation and avoid am here illegally, I am an illegal alien. death wish do we have? being detected, he or she could easily ‘‘It’s not a crime to be in the United It is not the fact that we cannot grow do so. All it would take is the willing- States illegally. It’s a violation of civil our own terrorists. It has happened. ness to expend a little energy to get law.’’ But it is the fact that right now the around the border security checkpoint. Oh, I see. It is not a crime to be here most significant threat we face to this That is all it takes. illegally. That sentence makes all of country does not come from a home- We talk about tightening the visa re- the sense in the world. No problem. I grown terrorist; it comes from an im- quirements. I am all for it. But I ask, do not know if this fellow is really that migrant, people who are here either le- Mr. Speaker, for us to apply just a tiny unable to understand the English lan- gally or illegally, who are not U.S. citi- bit of logic to this whole process, this guage. Perhaps he himself is not able zens, and are here to destroy this Na- whole question, to this controversy. to really communicate well in English, tion. Let us assume for a moment that we although his name does not suggest it. Now, how do we stop that? Do we just have someone, a member of the al- It is not a crime to be in the United say that only those people whom we Qaeda, or any one of the other various States illegally; it is a violation of deem to be potential terrorists are groups that want to do us harm, and civil law. I do not know what that going to be given a hard time trying to that person is in, let us say Saudi Ara- means except this guy is trying to say get a visa? Well, that is what we have bia today, or Pakistan or the UAE, or do not worry about being here ille- proposed. any country that requires a visa. And gally. The INS is here to help you. That is the huge immigration reform by the way, we do not require every That is what he is saying. proposal we have had so far, that we country to actually approve visas for Members wonder why we are con- are going to make it much more dif- people coming into the United States. cerned about the INS and why we are ficult, Mr. Speaker, for anybody to But let us say that person is coming trying to push this body into truly re- come into this country on a student from one of those countries, and they forming the INS. There will be bills put visa; and we are going to actually try go to the consulate to try to get a visa into the hopper that will split the INS to make sure if they do come in on a and they find out the requirements are into two. That idea is not good enough student visa, they go to school. a little more difficult: that there is ac- because of course, if we do not gain Well, I feel so much better. That, tually a form they have to fill out, control over the entire process, we will combined with making sure that that maybe even a fingerprint they have to soon be left with this peculiar and at

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.110 pfrm02 PsN: H06PT1 H7846 CONGRESSIONAL RECORD — HOUSE November 6, 2001 least questionable method of border se- stay without going through the process am speaking of the Santa Barbara curity where people actually look at of being reviewed in their country of area, big oak trees draped with Spanish lines, and this happens, Mr. Speaker. origin so we will not know whether or moss, and a legacy and a tradition of People will actually view which line is not they have a criminal background the Old West, a tradition that was being monitored, and this is coming or whether or not they are connected started with the founding of the mis- across the border now, which line is with any sort of agency that will bring sions along the California coastline. being monitored by border patrol and harm to the United States. That is There are not a lot of great Western which line is being monitored by any what we are going to be facing. families left in southern California be- other agency. Customs in this case in If people are willing to help us, we cause we have urbanized enormously; particular, because of course Customs encourage them to go to that Web site, but there are still a few, and Jerry Wil- has certain regulations that they have [email protected]. We liams was one of those great Western to follow and Border Patrol has others. need the help of everyone on this issue. ranchers. He represented a hospitality, Border Patrol does not look in certain It is the only way we will improve the a big heart, a sense of giving, a sense of places where Customs will look. If you whole procedure of immigration. It is community, that is now more rare in are trying to smuggle drugs in, you the only way we will reform immigra- the West than it was 20 or 30 years ago. will come in via one line; and if you are tion and the only way we will be able I got to know him by knowing his smuggling people, you will come via to sleep easier at night, and that is sons, Rodney and J.P. Williams, and the other. That happens. It is incred- what we are seeking here. It is far their families, and their good neighbor, ible, but it is true. It is because we more important in my mind and in the John Wiester and his wonderful wife. have this mish-mash of responsibil- mind of most people than who pays the The Santa Ynez Valley has a spirit of ities. salary, than the person who looks hospitality, just inland from Santa Trying to actually change all that, through the screening device at the Barbara 15 or 20 miles with one coastal reform the system, this is our greatest airport. range between the valley and the Pa- cific Ocean. opportunity, Mr. Speaker. This is the f greatest opportunity we have ever had President Ronald Reagan found that to reform immigration; but I fear that TRIBUTE TO JERRY WILLIAMS area to be the area that he wanted to the lethargy, the inertia is so strong AND REPRESENTATIVE BOB DOR- locate in and he put his house on top of that mountain range about 10 miles or and the political obstacles to overcome NAN so from the Pacific Ocean. are so great. We fear the political The SPEAKER pro tempore (Mr. But that was the world of Jerry Wil- SHUSTER). Under the Speaker’s an- ramifications of immigration control, liams. He was a rancher. He was a both Republicans and Democrats. nounced policy of January 3, 2001, the gentleman from California (Mr. farmer. He was a businessman Those ramifications are significant, extraordinare. Jerry gave of himself to but none more so than the potential HUNTER) is recognized for 60 minutes. Mr. HUNTER. Mr. Speaker, I con- his community during his entire life. safety of the Nation. He and his wife, Nancy, lived in the We have asked, this is our e-mail ad- gratulate the gentleman from Colorado Santa Ynez Valley for 40 years. Wild dress and if Americans want to get in (Mr. TANCREDO) for his very excellent Turkeys flew overhead, and they had a touch, we have encouraged them to statement about the state of the coun- pet raccoon or two. They had a wonder write [email protected] try with respect to control of our bor- ders and the important need to hesi- world for their grandchildren, and I for more information about immigra- could see this was a Western family tate at this point in our history and tion reform and for us to be in commu- that really cared about family. put together a strategy that allows us nication with people when there are Jerry Williams was a member of the important bills coming up in the Con- to control our borders and to get a han- Santa Barbara Cattlemen’s Associa- gress that they should be aware of and dle on immigration, and on all of the tion; the Santa Barbara Fiesta Days is that we can request their help. people who have come into this coun- an event that we all remember. For 10 This is the only way that this will try legally but stayed beyond their years he was a member of the board of happen, the only way any of the re- legal limit and apparently did not care. that wonderful event until for the last forms will be accomplished is if there I would hope to work with the gen- 10 years he was the chairman of that is a huge outcry, to both Senate and tleman and lots of others in the House particular board. This was a guy who Members of the House, to please, please over the next several months and try represented a lot of California that do something more than just give lip to get our arms around this important many of us knew and loved and would service to immigration reform. Please issue. I thank my colleague for his like to see return. It is the California develop true immigration reform pro- statement. of graciousness and hospitality and posals, put them in front of the Presi- Mr. Speaker, on 9–14, just a couple of goodness and people who make busi- dent for him to sign. days after the tragic occurrence that ness deals by shaking your hand, not We are going to be looking at one we have been so focused on, a real by bringing in a troop of lawyers. That issue coming soon, and that is the ex- American, a great Westerner, passed was Jerry Williams. tension of 245(i). The only thing we are away. That gentleman was named Mr. Speaker, I just wanted to talk going to do is perhaps extend amnesty Jerry Williams. I knew him as Mr. Wil- about Mr. Williams a little bit and to for literally millions of people who are liams because I had a lot of respect for honor his legacy and the tradition that here illegally. That is going to be com- him and for the legacy that he rep- he has left in the California ranch ing up on the House floor. Whether it is resented. country. a part of the Commerce, State, Justice If one drives north from my district Mr. Speaker, I would like to talk appropriations bill or a freestanding in San Diego and you go past Camp about another individual. This indi- bill, that is what we are going to be Pendleton, it is the only open area be- vidual is very much alive. I thought asked to do, not throw out H–1Bs or di- tween San Diego and the greater Los about him today as I was going versity visas which give 55,000 visas to Angeles area, and you proceed north, through the New York Times and read special countries because they do not you can drive for hours without leaving the story about the defeat of Daniel Or- send us enough people, many of those the site of lots of pavement, lots of tega, who at one time was the leader of Middle Eastern countries, not to re- construction, lots of traffic and lots of communist Sandinistas in Nicaragua, duce or eliminate the number of immi- people. That is the southern California and ran for president, and for the third grants coming into the country, not that most Americans know. They see it time was defeated, this time by border security, not doing anything on television. They see it in person Enrique Balanos who is a businessman about truly trying to significantly when they fly into LAX or San Diego who was arrested a number of times, change and improve immigration at or any other metropolitan area in who always spoke out against the San- INS by creating a new agency, entirely southern California. dinistas and had much of his property new agency. None of that. But if one goes north and inland, one confiscated during the Contra wars. What we are going to be asked to do comes to a different California. It is a This race was considered to be one is to extend, for the ability of people to California of rolling foot hills, and I that would go down to the wire. Mr.

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.113 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7847 Balanos won a fairly convincing vic- He did a wonderful job as the chair- ship which happened during Afghani- tory, but it is not just the victory of man of the Personnel Subcommittee on stan and Nicaragua. If they would have Mr. Balanos over the former Sandinista the House Armed Services Committee, seen instead that the Communist leader that I think is impressive and and he loved people so much and loved forces were just making their way up reminds me of this other guy I am people who wore the uniform so much Central America towards Mexico, you going to talk about; but it is the fact that he was the one guy you could can bet they would have been that there was an election, and it is the count on to meet with families when emboldened rather than weakened as fact that there was a former com- there had been a tragedy, when there they were. That was an incredible munist leader running in that election, had been a firefight, when there had fight. putting himself before the will of the been a death, and talk to them about Bob Dornan, he does not get the cred- people, before the electorate, to let the value of their loved one to the it for it; you are right. People look them pass judgment of his fitness for United States of America. I will always back right now, they are not going to judgment. That is the miracle of Cen- remember Bob for that and remember give Bob Dornan credit for that, but I tral America and the miracle of the him for his great expertise as a fighter have no doubt that if it was not for the Reagan administration a lot of Mem- pilot who knew the equipment that we strength and the vigor and the energy bers of what this House of Representa- were voting on in the committee and and the excitement that he put into tives and the other body did in the on the House floor. that, I do not think we would have won 1980s to bring about in a Central Amer- Of course, everybody has their favor- that. I can honestly look back and ica that before was one in which mili- ite Bob Dornan story, but I can tell think that, because Bob was there 100 tary dictatorships were the order of the you, he was one guy when I was a fresh- percent. day, but to bring all of those military man as a candidate for the House When he was with you, he was with dictatorships, whether it was Nica- Armed Services Committee back in you 100 percent. The Afghans know ragua or Salvador or Guatemala, to 1980 and we had a lot of great Members that. The Vietnamese who were fight- bring those countries to become fragile like former colleague Dan Lungren and ing the Communist dictatorship knew democracies. Pete McCloskey and Bill Lowery and that. People all over the world who b 2230 lots of others who were well qualified, were struggling against Communist op- pression, he would just pop in on them, Obviously this democracy in Nica- probably more qualified than me for he would pop right in and say, ‘‘Hold ragua has endured longer than many that position, and Bob Dornan himself firm, we’re going to be with you. Don’t experts had predicted. all running for that post. One of the gentlemen who really Bob got up when we were about ready worry about it. We’re with you right worked in those days to help this coun- to take the vote and said, you know, now. What can we do?’’ He would get try win that freedom for Central Amer- there is one guy there who is an Army right in the action. ica was a guy named Bob Dornan. Bob veteran from Vietnam who has got a We have a cloakroom back here Dornan is a great friend of mine and a district that is a military district and where the Republicans sit. Bob Dornan friend of many members of the House probably deserves this seat or needs would sit there for hours telling us here. I see my good friend the gen- this seat more than anybody else, and about these various personalities that tleman from California (Mr. ROHR- that is Duncan Hunter. I was as much he had worked with that love America, ABACHER) here, who stood side by side shocked by that as all my other col- that need our help and were in a very with Bob and myself and many others leagues, but Bob Dornan, instead of precarious situation. Or he would be during the Contra wars. voting for himself, voted for me and let telling us about a new weapons system, He was a great friend of ours. And be- me as a freshman have that particular because not only was he for strength- cause his election was so close and was seat. What a wonderful display of gen- ening those people who were struggling contested for so long, we never had a erosity and selflessness that rep- against the Soviet Union, he was for chance to sit around or to gather on resented. That was the true Bob Dor- bolstering the strength of the ultimate the House floor as we often do when a nan and is the true Bob Dornan. freedom fighters, and those ultimate Member retires or leaves office pursu- One great thing about him is Bob freedom fighters are the ones who wear ant to an election and talk about that Dornan stays current with the affairs the uniform of the United States of Member. We have not had that oppor- of the day. He is still in the media. He America, because he knew that our tunity. We never did that, because that is doing lots of work now in radio. And freedom fighters, the people in the election was contested for such a long so the people across the country still United States military, had been done time that we never went through that have the opportunity to listen to this a great wrong, especially during the tradition. guy and listen to that good conserv- 1970s when we permitted their strength And so I just wanted to say a word or ative wisdom that he has displayed so to be so drained that they were at risk. two today and invite my good friend, often. Their own lives were at risk, not only the gentleman from California (Mr. I would be happy to yield to my good was our country at risk. Bob would ROHRABACHER) to say a few words colleague, the gentleman from Cali- talk about that. about this guy Bob Dornan. fornia. I remember him talking about the I am reminded when our troops were Mr. ROHRABACHER. Mr. Speaker, I food stamps that these kids in our killed in Somalia, when the American think the gentleman is right. This is a military had to be on at the time. Bob Rangers were killed and we had that very good day for us to remember Bob was there not only for the freedom crisis, that Bob Dornan was the one Dornan, the day after Daniel Ortega fighters overseas but he was for our member of the House Armed Services has lost again in a free election in freedom fighters as well. Committee who flew for a dozen hours Nicaragua, because I have no doubt if When I was in the White House, and by himself to go to that location, to it was not for Bob Dornan and a few I was in the White House during most meet with the survivors and then came stalwarts, and I was very proud to be at of the 1980s, Bob had had his ups and back and personally talked with the your side and at Bob’s side during this downs. I do not know if he remembers, families of every American who had time during the Cold War when very, but when he was on a down time one given his life in that particular mis- very few people were up making the time in his career, I think he had given sion, that very dangerous mission. case for supporting the Nicaraguan re- up his seat for somebody else, I think That was Bob Dornan. sistance, Bob was there. that is what it was, he ended up mak- Bob Dornan knew every aircraft that And now we have free elections in ing my office sort of his command cen- was ever made in this country and a Nicaragua, but not only just Nica- ter. He took over my desk and, sure few that were made in other countries. ragua. Had we not had those freedom enough, he was right at home there. He flew everything. He flew every jet fighters that we were supporting to Mr. HUNTER. That is true. Bob Dor- aircraft and every bomber and every fight the Sandinistas, we would have nan never had an office. He always had recon plane that we had. But it was lost all of Central America. There a command center. really the people that he loved the would not have been a disintegration of Mr. ROHRABACHER. He certainly most. the will of the Soviet Union’s leader- did. I was looking back in my photos

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.114 pfrm02 PsN: H06PT1 H7848 CONGRESSIONAL RECORD — HOUSE November 6, 2001 the other day. Sure enough, there we loved and appreciated American air jority of the legal votes cast in that were. power. particular race. It is sad that so many Which leads me to another thing Somebody mentioned the other day officeholders who were in a position to about Bob. Bob really worked his heart that American troops had not been do something about that, to pursue the and soul out for Ronald Reagan, and he killed by foreign air power, that is, by investigation, became intimidated and worked his heart and soul out for an adversary’s air power, for something allowed that thing to fall through. George Bush, Sr. Let us all admit, Bob like 40 years. That is the period of time That happened throughout the State of made people mad, we all know that. He during which we have held total mas- California. Folks that were supposed to got people angry because he is an Irish- tery of the skies in all the engage- be subpoenaed left and went to other man who has got a temper. We all ments that we have been involved in. countries. know that. But Bob never got the ap- Mr. ROHRABACHER. That did not In the end the race card was played preciation that he deserved for the just happen. by the opponents of Mr. Dornan’s cam- things that he did. Mr. HUNTER. It did not just happen. paign. That is sad, because everybody, I know George Bush, Sr., he worked a It is a function of a lot of great exper- regardless of your ethnic background full year trying to make sure that man tise, leadership and technology, and or your religious background, every- became President of the United States. guys in the House of Representatives body has got a stake in free and fair Then when Bob was down and out, as I like Bob Dornan. Bob was one of a kind and honest elections. Bob Dornan got say, he was there during the Reagan in supporting that continued superi- the majority of the votes in that elec- years, and it was not President Reagan, ority of air power. tion. it was his staff, they did not do right You have got to have a good old Irish Mr. ROHRABACHER. The gentleman by Bob. temper if you are an Irishman. I think from Colorado (Mr. TANCREDO) was Mr. HUNTER. That is true. Bob Dor- that is one of the great things about here a few moments ago talking to us nan, I think, went to more States for Bob Dornan. When you were in a tight about how illegal immigration has got- George Bush than anybody else. spot, you just wanted Bob to get angry ten so totally out of control. There is Mr. ROHRABACHER. Than George at your adversary and you were taken no doubt about this. Again he men- Bush did, I am sure. care of. tioned the fellow who was just caught Mr. HUNTER. Except George Bush. Mr. ROHRABACHER. That is correct. up at O’Hare in Chicago trying to Mr. ROHRABACHER. I bet he went I should say, if you are not getting peo- smuggle the knives and the stun gun to more States than George Bush did. ple mad at you, perhaps you are not onto an airplane. That is a horrible Mr. HUNTER. You are probably doing your job if you are a Congress- thing no matter who was doing it, but right; he probably did. man. that person was here illegally. He was We have all seen that the great thing But sometimes, I have to admit, Bob an illegal immigrant into our country. about great Republican Presidents is lost his temper. But I will say this Not only should he have been arrested, you continue to love them even when about Bob, and he does not like it when of course, for trying to smuggle these their bureaucracy sometimes does not I say this, he has a temper; but you can weapons onto the airplane, he should measure up to their measure of good- see through the temper and you know never have been here at all. ness. I think Bob understands that. I that he has, he had and has, a wonder- think we all have to deal with that on ful heart. He has a heart of gold. He b 2245 a day-to-day basis. hates me to use that expression, for I think that it was during this time Mr. ROHRABACHER. If the gen- whatever reason, but I think he does period when Bob’s election was stolen tleman will yield further, as I get have a heart of gold. He had a lot of from him and other people backed older, I realize that all of us, every sin- passion in him. He cared a lot. That away that the message went out that gle one of us, has our good traits and can get you in trouble sometimes. government was not going to do any- our bad traits. We have things that are With his own constituents, I know thing about illegal immigration. We very admirable and other parts of us sometimes the news media would just would even let one of our own Members that perhaps are not as admirable. take a picture when he had lost his have his House seat taken by a margin Sometimes, because Bob had such a temper about something. I will just created by illegal alien votes. So I temper, it blinded some people to the have to say that I think it is, again think that was a bad disservice for very good things that he was doing. when you say when someone is not ap- Bob, it sent a very bad message to the I know many times in technology de- preciated, I think it is wrong what hap- country, and we should regret it in velopment issues, most people think of pened to Bob in the end in this body, many ways right now. me now because I am so involved with what happened in the end here, we per- Mr. HUNTER. There is one other area this Afghan thing that they think of mitted, and I know that you worked a that Bob was very concerned about, me as the Afghanistan guy or the lot on this and so did I, but the rest of and I think most Americans today, es- international relations guy, but actu- our Members did not. pecially in the wake of the September ally I have spent a lot of time on tech- Bob Dornan did not lose his election. 11 attacks are concerned, and that is nology issues in the Science Com- That last election that he had was sto- the problem that we have, and the mittee. I am the chairman of Space and len with the use of illegal immigrant problem is that we have no defense Aeronautics. votes. Everybody here knows it and against incoming ballistic missiles. Whenever we would be in a tight spot every now and then when you try to The argument against having a de- and we needed to make sure that a confront people with it, they will pull fense against missiles has always been critical piece of technology for Amer- you aside and say something, oh, well, that somehow it is unthinkable, it is ica’s space program that perhaps had Bob Dornan, he flies off the handle and unimaginable, that cities in the United dual use for our military as well, we does this or that. States could be attacked by incoming would go to Bob and Bob would make No, Bob Dornan won his election and missiles. It is not that there are not sure it got done. I can think of two or his opponent in that election, or maybe dozens of countries around the world three times where it was so important not his opponent, maybe it was just his making these missiles, and I would just and Bob made sure he did it. He took opponent’s campaign team, who knows hold up this chart to show the dozens the time and energy to buttonhole the whether his opponent knew about it of countries. Each one of these lines appropriator and make sure that he un- personally or not, but I can just say and boxes represents ballistic missiles derstood the magnitude of the decision that clearly it was illegal alien votes that are being developed by various in- of how much money was going to be that made the margin of victory. We dividual countries around the world. It spent developing a piece of technology. should never have let that stand. When is not that dozens of countries are not Mr. HUNTER. That is true. I think we let that stand, we did ourselves a making these missiles, which are be- one reason Bob was so helpful on aero- disservice and we did Bob Dornan a dis- coming increasingly capable of cov- space issues and on military issues and service. ering large distances, meaning a num- was so good to this House and such a Mr. HUNTER. My colleague is abso- ber of them can now reach the United leader in the House is that Bob Dornan lutely right. Bob Dornan won the ma- States from various locations around

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00124 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.116 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7849 the world. But it was somehow that it times mind-boggling to be here and to lars went into a program and it was was too Buck Rogerish to imagine a just understand that there are people never utilized. missile attack on the United States. who will permit something that is so When we saw technology go into the Remember when we first started horrendous a threat to the United building and development of tanks, talking about missile defense, and Ron- States of America and just brush it off, they used tanks. When we saw building ald Reagan started talking about it in just not even think about it, just sweep and technology development go into 1980, the put-down, and in politics you their hand as if it is not an issue be- the development of machine guns, they always try to get, whether you are con- cause it is so stupid even to consider it. used them. The same thing with air- servative or liberal, you use a put-down There is an arrogance, a personality craft and artillery. So the idea that the with a touch of humor, and the put- of arrogance in some of these debates bad guys are building these missiles down was this was Star Wars; that this that are overwhelming. Whether it is but they do not intend to ever use was somehow so unimaginable that we illegal immigration, where clearly, I them is itself a myth. I think it is be- would have an incoming missile hit an mean, millions of people coming in, are coming harder and harder to explain American city, that it was something bound to have a terrible impact on us why we are not building defenses that was more appropriate for a movie in some way; or, I might add, during against missiles. screen, where people would go and the last 8 years when I was up giving Finally, we now have a lot of Ameri- leave the real world for a few hours and speeches trying to convince people we cans who were killed in that Desert watch a movie, than in real life. So could not permit Afghanistan to go the Storm attack with Saddam Hussein’s that was a derision that a lot of jour- way it was. Just the last administra- Scud missiles, that killed Americans; nalists accorded the idea you should tion, the Clinton administration, I and we saw for the first time on the defend yourself against incoming mis- might add, some of them, my fellow battlefield American casualties caused siles. Members of my Committee on Inter- by ballistic missiles. We sent up our Of course, we defended ourselves national Relations, just brushed it Patriot missiles to try to intercept against every other invention of war- away as if I was being delusional or them. The Army thinks they got about fare in this century. We defended our- something, by suggesting that the last 80 percent hits. We had some private selves against tanks; we came up with administration was actually having experts from the outside that said they counter measures. We defended our- did not think we got any hits. Probably selves against machine guns. We de- policies that helped the Taliban. Then missile defense, based, as Ron- the truth is somewhere in between. But fended ourselves against aircraft. We ald Reagan said, on an immoral theory. right now we have more capability to learned how to make radar to shoot The immoral theory is we should kill knock down those Scud missiles. down aircraft. When our own aircraft millions of innocent people because our Mr. ROHRABACHER. The phoniest were shot down with radar, culmi- innocent people have been killed. That argument against missile defense that nating in hundreds of planes being shot is an immoral theory. We should have I know is that we should not build it down in the Vietnam theater, we devel- MAD, mutually assured destruction. because it will never work. Well, who oped an airplane that could avoid would advocate building a system that radar, that at some places could not We are not just destroying their mili- does not work? If it does not work, it been seen by radar, the so-called tary capabilities. It is based on the stealth airplane. So every time there idea we are going to slaughter tens of will not be built. The fact is that no has been a technology that could de- millions, if not hundreds of millions, of one on this side of the aisle or either feat America’s military developed by women and children. side of the aisle who believes in missile Now, that is an immoral premise. another country, we always built a defense would ever consider building a That is what MAD, that strategy countertechnology to defend ourselves. system that did not work. For the first time in this century, in leaves us with. Having a defense sys- But the major decision we have to fact, in our history, we had people say- tem, as Ronald Reagan said, is a moral make is if we can build a system that ing we should not defend against in- decision, is a moral stance facing this works, should we build it? And those coming ballistic missiles. Of course, we type of challenge. Instead of saying we people who are opposing the missile de- made the treaty with the Soviet Union are going to kill all of your women and fense system, they do not want to face where we promised not to defend our- children, you are saying no, we are that argument. They just want to say selves, they promised not to defend going to defend ourselves. it will not work, and, then, again, themselves, and the idea was no matter Mr. HUNTER. Another thing has hap- brush it away in an arrogant manner. who threw the first rock or missile, pened since September 11, and that is a Mr. HUNTER. That is the offering there would be such a huge response lot of Americans realize there are peo- that George Bush, President Bush, is from the other side that both sides ple in the world who do not care about making to the American people with could be assured of destruction. That mutual assured destruction; and there this defense budget. He is requesting was called the MAD doctrine, mutually are people who have technology, who the dollars to expand our missile test- assured destruction. To a large degree, understand how to leverage tech- ing range, which presently is in the Pa- we still operate under that with the nology. Today the experts call it asym- cific. We fire our missiles now, our test Soviet Union. We still have no defense metric warfare, that is, you do some- missiles, out of Vandenberg. We fire against incoming missiles. thing that has a great deal of leverage them due west. They cross over Hawaii But today there are lots of countries, and damage capability, far beyond the at about 148 miles above the Earth’s dozens of countries, who never signed parity or the proportionality of your surface. And we fire an intercepter mis- that agreement not to defend them- military to the other military. That is, sile from Kwajalein Island at that in- selves, or not to attack an America you may have a very small military coming target missile. When they hit, that did not defend itself, building bal- that could not in a conventional war they are both going about three times listic missiles around the world. So take on the United States of America; the speed of a 30.06 bullet. right now President Bush is meeting but if you can use a technological The last test we did a couple of with President Putin of Russia, and weapon, and that includes today mis- months ago it was a success, although they are both acknowledging the re- siles, you can do a lot of damage, far it was an easier test. We had a trans- ality that while we have made this beyond your size. ponder part-time in the missile going agreement between our two countries So I think since September 11 it is no out. We shot that same shot a number for better or for worse, there are lots of longer unimaginable that one of these of times, because we have a very lim- countries that never signed the agree- thousands of missiles that are now ited test range. ment who are building these systems being built by our adversaries may in So what President Bush has offered with increasing capability to go fur- fact be used by them at some point. In to all Members, whether you are for ther and further; and a number of these fact, with all the construction of bal- missile defense or against missile de- missiles can now reach the United listic missiles that is taking place fense, is to do some really tough test- States of America. right now, it would be the first time in ing. He has said, and General Kadish, Mr. ROHRABACHER. If the gen- our history that all this construction who heads up the Ballistic Missile De- tleman would yield, I think it is some- and development and technology dol- fense Office, said was, okay, let us do

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00125 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.119 pfrm02 PsN: H06PT1 H7850 CONGRESSIONAL RECORD — HOUSE November 6, 2001 some tough testing. The critics want success in his radio program that he these people who would have enslaved it; they say this is too easy. Let us has on, I guess, on a daily basis. the people of Latin America, the Com- have some tough angles. You shot that Mr. HUNTER. I want to thank my munists, they get all of the space they pheasant going straight away. Have an- good friend for his contribution to this need. Bob Dornan has never gotten a gles where they cross. Let us have Special Order. I think it is appropriate column inch. some higher speeds; let us have some that we started in southern California Mr. HUNTER. Mr. Speaker, reclaim- difficult geometries. Let us have some talking about Jerry Williams, who was ing my time, that is true. Daniel Or- more difficult radar acquisition. a great cattleman and really carried tega is probably sitting in an empty To do all of that, you have got to forth a tradition and legacy of the room right now in Nicaragua with an build a bigger test range. You cannot West in his home and with his great old copy of the Los Angeles Times pre- just have this narrow alley where you family up in the Santa Ynez Valley dicting that he was going to win this throw the same target up in the same where Ronald Reagan settled, and election in one hand, and a ‘‘Dear position every time and you shoot it where you and I and Bob Dornan cam- Commandante’’ letter from the more from the same position. paigned a number of times. liberal Members of this House of Rep- So we are now expanding this test That was really, to some degree, the resentatives in the other hand, assur- range in this defense bill to Alaska, to heart of the political movement that ing him of his primacy. That is all he a location at Fort Greely and a loca- supported then Governor Reagan has left. tion at Kodiak, Alaska. So we are now through a couple of campaigns for the Mr. ROHRABACHER. Mr. Speaker, going to have some very difficult shots. U.S. Presidency and ended up with the gentleman is correct. It will also allow us to shoot-look- leadership in the 1980s that proved the Mr. HUNTER. Mr. Speaker, I thank shoot. We will have multiple engage- validity of peace through strength. the gentleman for participating. Mr. ments. We throw up a missile, and if we That is the idea that we in the United Speaker, God bless the family of Jerry miss it with first shot, we will try to States would become so strong that we Williams, God bless Bob Dornan and get it with a second one. So we will would be able to deter aggression. That his family, and God bless Ronald have a chance to evaluate our success means we could not only protect our- Reagan and his family and the strength just seconds after we fired our first selves, but we could protect lots of oth- that he brought to our country. intercept; and, if we miss that inter- ers. f cept, we come back with a second b 2300 LEAVE OF ABSENCE intercept. So President Bush has taken the We did a lot of great things for the By unanimous consent, leave of ab- challenge from all the naysayers that world. We freed a lot of people. This sence was granted to: you talked about that said it does not little article from the New York Times Ms. LOFGREN (at the request of Mr. work. A lot of the naysayers say we do about the President or the head of the GEPHARDT) for today and the balance of not even want to test it. It is so un- Communist Sandinistas, former dic- the week on account of a death in the thinkable, we do not want to test it. tator of Nicaragua, being beaten in a family. Mr. MCNULTY (at the request of Mr. That is no longer a reasonable position. free and fair election in Nicaragua is GEPHARDT) for today on account of per- That is why we need every penny of great evidence of the validity of the sonal reasons. funding that the President has re- idea of peace through strength that we Mr. UNDERWOOD (at the request of quested in this defense bill for missile engendered in the 1980s. Mr. GEPHARDT) for today on account of defense. Mr. ROHRABACHER. Mr. Speaker, if official business. Mr. ROHRABACHER. I think what the gentleman will yield, let us note Mr. BURTON of Indiana (at the re- we also to have understand, if the that for the record, I noted about a quest of Mr. ARMEY) for today and the week ago on the Los Angeles Times President is successful in his strategy, balance of the week on account of ill- editorial page, they had some leftist, as missile defense will actually in the end ness in the family. cost us less, much less, than what they always do, lamenting about Latin President Reagan envisioned missile America and how horrible it was, this f defense costing, because if President war in Latin America in which we SPECIAL ORDERS GRANTED George W. Bush is successful, we will stopped the Communists from taking By unanimous consent, permission to be working with the Russians, as Ron- over Latin America, and yes, it was address the House, following the legis- ald Reagan had suggested we might do certainly an imperfect war, and there lative program and any special orders in a more peaceful world; and we could never was a perfect war; innocent peo- heretofore entered, was granted to: actually work with the Russians to ple were hurt and there were some un- (The following Members (at the re- build this shield. It would help bring savory characters on our side at times. quest of Ms. WOOLSEY) to revise and ex- down the cost. This is something that But I say to the gentleman, there tend their remarks and include extra- would make the world a lot safer. would be no democracy there; all of neous material:) But for us to just suggest that no these countries would be like North Mr. BONIOR, for 5 minutes, today. country, that we could rely on this mu- Korea. Mr. BROWN of Ohio, for 5 minutes, tually assured destruction, which was a Mr. HUNTER. Or Cuba. today. policy from the 1950s and 1960s, is so ri- Mr. ROHRABACHER. Or Cuba, if we Ms. KAPTUR, for 5 minutes, today. diculous. China or Korea, for example, would have lost then, but here we have Ms. NORTON, for 5 minutes, today. you have regimes that murder their in the L.A. Times, giving column inch Mr. DEFAZIO, for 5 minutes, today. own people by the tens of thousands. after column inch to these old leftists Mr. STUPAK, for 5 minutes, today. Mr. LIPINSKI, for 5 minutes, today. Why do they care then if we would re- who are proven wrong every time, and Mr. LARSON of Connecticut, for 5 here again we have an election in Nica- taliate against them and kill 100,000 or minutes, today. ragua where the people soundly reject 200,000 of their people? They do not Mr. SCHIFF, for 5 minutes, today. care. That does not deter them at all. everything this leftist was claiming (The following Members (at the re- about Latin America, everything he Mr. HUNTER. We just had an attack quest of Mr. MORAN of Kansas) to re- by people who did not care about mutu- was claiming about Nicaragua, and the vise and extend their remarks and in- ally assured destruction. people down there do not believe a clude extraneous material:) Mr. ROHRABACHER. Absolutely. I darned word of it. Mr. MORAN of Kansas, for 5 minutes, would like to thank the gentleman for, But guess what? Guess what? The today. number one, his leadership, and also L.A. Times gives people like that all of Mr. HORN, for 5 minutes, today. for helping us recall that Bob Dornan that coverage, and they would not say f played such an important role on a good word about Bob Dornan in his issues like this and other defense issues entire career. The L.A. Times would EXTENSION OF REMARKS that have made the country safer. not give him one column inch. Detrac- By unanimous consent, permission to I am pleased to be standing here at tors, yes. People who were espousing revise and extend remarks was granted your side now, and wish Bob a lot of the virtues of the Sandinistas and to:

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00126 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.121 pfrm02 PsN: H06PT1 November 6, 2001 CONGRESSIONAL RECORD — HOUSE H7851 Mr. TRAFICANT, and to include there- Protection Agency, transmitting the Agen- attainment Area and Extension of Attain- in extraneous material, notwith- cy’s final rule—State and Federal Operating ment Date; California; Ozone [CA–059–RECL, standing the fact that it exceeds two Permits Programs: Amendments to the Com- FRL–7093–4] received October 26, 2001, pursu- pliance Certification Requirements [FRL– ant to 5 U.S.C. 801(a)(1)(A); to the Committee pages of the RECORD and is estimated 7096–4] (RIN: 2060–AJ04) received October 26, on Energy and Commerce. by the Public Printer to cost $1,105. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the 4526. A letter from the Executive Sec- f Committee on Energy and Commerce. retary, Disabled American Veterans, trans- 4518. A letter from the Principal Deputy ADJOURNMENT mitting the 2001 National Convention Pro- Associate Administrator, Environmental ceedings of the Disabled American Veterans, Mr. HUNTER. Mr. Speaker, I move Protection Agency, transmitting the Agen- pursuant to 36 U.S.C. 90i and 44 U.S.C. 1332; that the House do now adjourn. cy’s final rule—Approval and Promulgation (H. Doc. No. 107–142); to the Committee on The motion was agreed to; accord- of Air Quality State Implementation Plans Veterans’ Affairs and ordered to be printed. (SIP); Texas: Administrative Orders Issue to ingly (at 11 o’clock and 3 minutes f p.m.), the House adjourned until to- Airport Operators and Airlines Regarding Control of Pollution from Ground Support REPORTS OF COMMITTEES ON morrow, Wednesday, November 7, 2001, Equipment (GSE) for the Houston/Galveston PUBLIC BILLS AND RESOLUTIONS at 10 a.m. (HGA) Ozone Nonattainment Area and a f Non-Road Large Spark-Ignition Engine rule Under clause 2 of rule XIII, reports of for the HGA and Dallas/Fort Worth (DFW) committees were delivered to the Clerk EXECUTIVE COMMUNICATIONS, Ozone Nonattainment Areas [TX–134–4–7508; for printing and reference to the proper ETC. FRL–7093–1] received October 26, 2001, pursu- calendar, as follows: Under clause 8 of rule XII, executive ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. TAUZIN: Committee on Energy and communications were taken from the on Energy and Commerce. Commerce. Supplemental report on H.R. 4519. A letter from the Principal Deputy Speaker’s table and referred as follows: 3016. A bill to amend the Antiterrorism and Associate Administrator, Environmental Effective Death Penalty Act of 1996 with re- 4510. A communication from the President Protection Agency, transmitting the Agen- spect to the responsibilities of the Secretary of the United States, transmitting Emer- cy’s final rule—Approval and Promulgation of Health and Human Services regarding bio- gency Supplemental Appropriations Act for of Air Quality Implementation Plans; Dis- logical agents and toxins, and to amend title Recovery from and Response to Terrorist At- trict of Columbia; Nitrogen Oxides Budget 18, United States Code, with respect to such tacks on the United States; (H. Doc. No. 107– Trading Program [DC 050–2027a; FRL–7094–7] agents and toxins, to clarify the application 143); to the Committee on Appropriations received October 26, 2001, pursuant to 5 of cable television system privacy require- and ordered to be printed. U.S.C. 801(a)(1)(A); to the Committee on En- ments to new cable services, to strengthen 4511. A letter from the Deputy Secretary, ergy and Commerce. security at certain nuclear facilities, and for Division of Market Regulation, Securities 4520. A letter from the Principal Deputy other purposes (Rept. 107–231 Pt. 2). and Exchange Commission, transmitting the Associate Administrator, Environmental Mrs. MYRICK: Committee on Rules. House Commission’s ‘‘Major’’ final rule—Books and Protection Agency, transmitting the Agen- Resolution 277. Resolution providing for con- Records Requirements for Brokers and Deal- cy’s final rule—Approval and Promulgation sideration of the bill (H.R. 3167) to endorse ers Under the Securities Exchange Act of of Air Quality Implementation Plans; Penn- the vision of further enlargement of the 1934 [Releases No. 34–44992; File No. S7–26–98] sylvania; Reasonably Available Control NATO Alliance articulated by President (RIN: 3235–AH04) received November 5, 2001, Technology Requirements for Volatile Or- George W. Bush on June 15, 2001, and by pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ganic Compounds and Nitrogen Oxides in the former President William J. Clinton on Octo- mittee on Financial Services. Philadelphia-Wilmington-Trenton Area ber 22, 1996, and for other purposes (Rept. 4512. A letter from the Principal Deputy [PA041–4180; FRL–7089–4] received October 26, 107–271). Referred to the House Calendar. Associate Administrator, Environmental 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. WALSH: Committee of Conference. Protection Agency, transmitting the Agen- Committee on Energy and Commerce. cy’s final rule—Prohibition on Gasoline Con- 4521. A letter from the Principal Deputy Conference report on H.R. 2620. A bill mak- taining Lead or Lead Additives for Highway Associate Administrator, Environmental ing appropriations for the Departments of Use: Fuel Inlet Restrictor Exemption For Protection Agency, transmitting the Agen- Veterans Affairs and Housing and Urban De- Motorcycles [FRL–7095–8] (RIN: 2060–AJ76) cy’s final rule—Clean Air Act Final Full Ap- velopment, and for sundry independent agen- received October 26, 2001, pursuant to 5 proval of Operating Permit Programs; Ala- cies, boards, commissions, corporations, and U.S.C. 801(a)(1)(A); to the Committee on En- bama, City of Huntsville, and Jefferson offices for the fiscal year ending September ergy and Commerce. County [AL–T5–2001–02; FRL–7091–2] received 30, 2002, and for other purposes (Rept. 107– 4513. A letter from the Principal Deputy October 26, 2001, pursuant to 5 U.S.C. 272). Ordered to be printed. Associate Administrator, Environmental 801(a)(1)(A); to the Committee on Energy and f Protection Agency, transmitting the Agen- Commerce. cy’s final rule—National Emission Standards 4522. A letter from the Principal Deputy PUBLIC BILLS AND RESOLUTIONS for Hazardous Air Pollutants for Source Cat- Associate Administrator, Environmental Under clause 2 of rule XII, public egories: Generic Maximum Achievable Con- Protection Agency, transmitting the Agen- bills and resolutions were introduced trol Technology Standards [AD-FRL–7095–6] cy’s final rule—Clean Air Act Final Full Ap- and severally referred, as follows: received October 26, 2001, pursuant to 5 proval of Operating Permit Program; Ken- U.S.C. 801(a)(1)(A); to the Committee on En- tucky [KY–T5–2001–02; FRL–7095–1] received By Mr. GALLEGLY: ergy and Commerce. October 26, 2001, pursuant to 5 U.S.C. H.R. 3229. A bill to enhance the security of 4514. A letter from the Principal Deputy 801(a)(1)(A); to the Committee on Energy and the international borders of the United Associate Administrator, Environmental Commerce. States; to the Committee on the Judiciary, Protection Agency, transmitting the Agen- 4523. A letter from the Principal Deputy and in addition to the Committees on Inter- cy’s final rule—Ethylene Oxide Emissions Associate Administrator, Environmental national Relations, and Transportation and Standards for Sterilization Facilities [AD- Protection Agency, transmitting the Agen- Infrastructure, for a period to be subse- FRL–7096–1] (RIN: 2060–AC28) received Octo- cy’s final rule—Clean Air Act Determination quently determined by the Speaker, in each ber 26, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); of Attainment for PM10 Nonattainment case for consideration of such provisions as to the Committee on Energy and Commerce. Areas; Montana and Colorado [MT–001–0038, fall within the jurisdiction of the committee 4515. A letter from the Principal Deputy CO–001–0065; FRL–7093–7] received October 26, concerned. Associate Administrator, Environmental 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. MANZULLO (for himself, Mr. Protection Agency, transmitting the Agen- Committee on Energy and Commerce. MORAN of Virginia, Mr. NADLER, Mr. cy’s final rule—Incorporation by Reference 4524. A letter from the Principal Deputy CASTLE, Mr. FERGUSON, Mr. of Approval State Hazardous Waste Manage- Associate Administrator, Environmental FOSSELLA, Mr. GRAVES, Mr. GRUCCI, ment Program [FRL–7014–9] received October Protection Agency, transmitting the Agen- Ms. HOOLEY of Oregon, Mr. JOHNSON 26, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to cy’s final rule—Clean Air Act Full Approval of Illinois, Mr. LAFALCE, Mr. SHU- the Committee on Energy and Commerce. of Partial Operating Permit Program; Alle- STER, and Mr. SWEENEY): 4516. A letter from the Principal Deputy gheny County; Pennsylvania [PA–T5– H.R. 3230. A bill to provide assistance to Associate Administrator, Environmental AC2001a; FRL–7093–3] received October 26, small business concerns adversely impacted Protection Agency, transmitting the Agen- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the by the terrorist attacks perpetrated against cy’s final rule—Outer Continental Shelf Air Committee on Energy and Commerce. the United States on September 11, 2001, and Regulations Consistency Update for Alaska 4525. A letter from the Principal Deputy for other purposes; to the Committee on [Alaska 001; FRL–7082–4] received October 26, Associate Administrator, Environmental Small Business. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Protection Agency, transmitting the Agen- By Mr. SENSENBRENNER (for himself Committee on Energy and Commerce. cy’s final rule—Clean Air Act Reclassifica- and Mr. GEKAS): 4517. A letter from the Principal Deputy tion, San Joaquin Valley Nonattainment H.R. 3231. A bill to replace the Immigra- Associate Administrator, Environmental Area; Designation of East Kern County Non- tion and Naturalization Service with the

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Agency for Immigration Affairs, and for sistance Act to ensure the continuity of H.R. 1485: Mr. KING, Mr. FERGUSON, Mr. other purposes; to the Committee on the Ju- medical care following a major disaster by BORSKI, Mr. CONYERS, Mr. PAYNE, Mr. WYNN, diciary. making private for-profit medical facilities and Mr. HILLIARD. By Mr. JACKSON of Illinois: eligible for Federal disaster assistance; to H.R. 1487: Mr. CUNNINGHAM. H.R. 3232. A bill to direct the Federal Elec- the Committee on Transportation and Infra- H.R. 1536: Ms. PELOSI. tion Commission to make grants to States structure. H.R. 1609: Mr. FLETCHER. which have adopted an instant runoff voting By Mr. JACKSON of Illinois: H.R. 1629: Mr. LANGEVIN. system for presidential elections, and for H.J. Res. 72. A joint resolution proposing H.R. 1795: Mr. PHELPS and Mr. CARDIN. other purposes; to the Committee on House an amendment to the Constitution of the H.R. 1822: Mr. PAYNE. Administration. United States regarding the right to vote; to H.R. 1862: Mr. STRICKLAND. By Mr. ACEVEDO-VILA: the Committee on the Judiciary. H.R. 1887: Ms. NORTON. H.R. 3233. A bill do permit a dependent of By Mr. ENGLISH (for himself, Mr. VIS- H.R. 1919: Mr. FORBES, Mr. BLUMENAUER, a Federal employee who is currently enrolled CLOSKY, Mr. QUINN, Mr. EHRLICH, Mrs. and Mr. SHUSTER. in the Department of Defense domestic de- JONES of Ohio, Mr. NEY, Mr. STUPAK, H.R. 2074: Mr. LEWIS of Georgia. pendent elementary and secondary school Mr. GEKAS, Mr. EVANS, Mr. SPRATT, H.R. 2117: Mr. INSLEE. system in Puerto Rico to continue such en- Mr. DINGELL, Mr. BERRY, Mr. HOUGH- H.R. 2134: Mr. ANDREWS. rollment until graduation from secondary TON, Mrs. MYRICK, Mr. SHIMKUS, Mr. H.R. 2166: Mr. NADLER and Ms. BALDWIN. school; to the Committee on Armed Services. CALLAHAN, Mr. DOYLE, and Mr. H.R. 2254: Mr. KUCINICH. By Mr. BLAGOJEVICH: BROWN of Ohio): H.R. 2269: Mr. HERGER. H.R. 3234. A bill to promote the engage- H.R. 2349: Mrs. MINK of Hawaii, Mr. BER- ment of young Americans in the democratic H. Con. Res. 262. Concurrent resolution ex- pressing the sense of Congress that the MAN, and Ms. KAPTUR. process through civic education in class- H.R. 2380: Mr. CLYBURN, Mr. JEFFERSON, rooms, in service learning programs, and in President, at the WTO round of negotiations to be held at Doha, Qatar, from November 9– Ms. WATERS, Mr. LEWIS of Georgia, Ms. CAR- student leadership activities, of America’s SON of Indiana, Mr. WATT of North Carolina, public schools; to the Committee on Edu- 13, 2001, and at any subsequent round of ne- Mr. CUMMINGS, Mr. RANGEL, Mr. SCOTT, Mr. cation and the Workforce. gotiations, should preserve the ability of the MATSUI, and Mr. GORDON. By Mr. BROWN of Ohio: United States to enforce rigorously its trade H.R. 2405: Mr. GUTIERREZ. H.R. 3235. A bill to amend title 35, United laws and should ensure that United States H.R. 2417: Mr. PICKERING. States Code, to provide for compulsory li- exports are not subject to the abusive use of H.R. 2623: Ms. NORTON and Mr. HINCHEY. censing of certain patented inventions relat- trade laws by other countries; to the Com- H.R. 2693: Mrs. MALONEY of New York and ing to health care emergencies; to the Com- mittee on Ways and Means. Ms. BERKLEY. mittee on the Judiciary. By Mr. JACKSON of Illinois: H.R. 2750: Mr. OWENS and Mr. DOYLE. By Mr. CONYERS (for himself, Mr. H. Con. Res. 263. Concurrent resolution ex- H.R. 2758: Mr. JACKSON of Illinois. WAXMAN, Mr. STARK, Ms. NORTON, pressing the sense of Congress that any Pres- H.R. 2820: Mr. STUPAK, Mr. KING, Mr. KEN- Mr. ANDREWS, Ms. RIVERS, Mr. BOU- idential candidate should be permitted to NEDY of Rhode Island, Mr. COSTELLO, Mr. CHER, Ms. KAPTUR, Mr. KILDEE, Mr. participate in debates among candidates if at UNDERWOOD, Mr. CLEMENT, and Ms. SLAUGH- KUCINICH, Mr. KLECZKA, Mr. GREEN of least 5 percent of respondents in national TER. Texas, and Mr. HALL of Ohio): public opinion polls of all eligible voters sup- H.R. 2839: Mr. NADLER. H.R. 3236. A bill to amend title XVIII of the port the candidate’s election for President or H.R. 2896: Mrs. BIGGERT. Social Security Act to reduce the work if a majority of respondents in such polls H.R. 2946: Mr. MARKEY, Mr. NADLER, Mr. hours and increase the supervision of resi- support the candidate’s participation in such BARCIA, Mrs. NAPOLITANO, and Mr. HOYER. dent-physicians to ensure the safety of pa- debates; to the Committee on House Admin- H.R. 2981: Mr. PETERSON of Pennsylvania, tients and resident-physicians themselves; to istration. the Committee on Energy and Commerce, Mr. OSBORNE, and Mr. STUPAK. and in addition to the Committee on Ways f H.R. 3015: Mr. LANGEVIN. H.R. 3024: Mr. WHITFIELD. and Means, for a period to be subsequently ADDITIONAL SPONSORS determined by the Speaker, in each case for H.R. 3026: Mr. MALONEY of Connecticut, consideration of such provisions as fall with- Under clause 7 of rule XII, sponsors Mrs. MCCARTHY of New York, Mrs. LOWEY, in the jurisdiction of the committee con- were added to public bills and resolu- Mr. PASCRELL, Mr. UDALL of Colorado, and cerned. tions as follows: Mr. FORD. By Ms. MCKINNEY (for herself, Mr. H.R. 3029: Mr. FILNER and Mr. H.R. 122: Mr. GORDON and Mr. HERGER. LINDER, Mr. LEWIS of Georgia, and BLUMENAUER. H.R. 218: Mr. CAMP, Mr. DEFAZIO, and Mr. Mr. BONIOR): H.R. 3935: Mr. HOUGHTON and Ms. WOOLSEY. H.R. 3237. A bill to establish the Arabia CRENSHAW. H.R. 3046: Mr. BRADY of Pennsylvania, Mr. Mountain National Heritage Area in the H.R. 250: Mr. FORD. LANGEVIN, Mr. CANTOR, Mr. PETERSON of State of Georgia, and for other purposes; to H.R. 265: Mr. ANDREWS and Ms. LEE. Pennsylvania, Mr. SESSIONS, Mr. NEY, Mr. the Committee on Resources. H.R. 303: Ms. MILLENDER-MCDONALD and CLEMENT, Mr. BACHUS, and Mr. FARR of Cali- By Mr. STARK (for himself, Mr. Mr. WELLER. fornia. ARR LATOURETTE, Mr. RANGEL, Mr. BAR- H.R. 488: Mr. F of California. H.R. 3054: Mr. ISRAEL, Mr. CAMP, Mr. ANNER ARMAN RETT, Mr. KLECZKA, Mr. POMEROY, H.R. 510: Mr. T and Ms. H . QUINN, Mr. BERRY, Mr. RANGEL, Mr. MCINNIS, ELOSI Mr. LEWIS of Georgia, Mr. WAXMAN, H.R. 531: Ms. P . Mr. PALLONE, Mr. GILMAN, Mr. CRANE, Mr. OORE Mr. COYNE, Ms. SCHAKOWSKY, Mr. H.R. 536: Mr. M . WYNN, Mr. BENTSEN, Mrs. EMERSON, Ms. LEE, ARR TOWNS, Mr. FILNER, Mr. MURTHA, Ms. H.R. 604: Mr. F of California and Ms. Mr. UDALL of Colorado, Mrs. ROUKEMA, and E AURO KILPATRICK, Ms. SOLIS, Mr. SANDLIN, D L . Mr. ISAKSON. HRLICH WENS Mr. OWENS, Ms. LEE, Mr. WEINER, Mr. H.R. 782: Mr. E , Mr. O , Mr. H.R. 3059: Mr. COSTELLO. UNCAN ENNEDY BRADY of Pennsylvania, Mr. CONYERS, D , Mr. K of Rhode Island, Ms. H.R. 3067: Mr. WAXMAN and Ms. WOOLSEY. EE EY Ms. PELOSI, Ms. EDDIE BERNICE JOHN- L , and Mr. N . H.R. 3107: Mr. BROWN of Ohio. SHOO ONZALEZ SON of Texas, Mr. ACKERMAN, Ms. H.R. 898: Ms. E and Mr. G . H.R. 3115: Mr. DUNCAN, Mr. PAYNE, Mr. HOMPSON ROYBAL-ALLARD, Mr. GEORGE MILLER H.R. 910: Mr. T of California. RUSH, and Mr. BACA. YUN of California, Mr. FRANK, and Mr. H.R. 921: Mr. R of Kansas. H.R. 3134: Mr. GIBBONS and Ms. BERKLEY. OYLE MCDERMOTT): H.R. 952: Mr. D . H.R. 3163: Ms. LEE, Mr. WYNN, Ms. HOOLEY H.R. 3238. A bill to amend title XVIII of the H.R. 981: Mr. GIBBONS and Mr. COMBEST. of Oregon, Mr. MCGOVERN, Mr. COSTELLO, Ms. Social Security Act to provide for patient H.R. 1043: Mr. DAVIS of Illinois. MILLENDER-MCDONALD, Mr. HASTINGS of protection by limiting the number of manda- H.R. 1097: Mr. DAVIS of Illinois and Mr. Florida, Mr. BOEHLERT, Mrs. CHRISTENSEN, tory overtime hours a nurse may be required MATHESON. and Mr. MEEHAN. to work in certain providers of services to H.R. 1129: Mr. WAXMAN. H.R. 3172: Mrs. MALONEY of New York, Mr. which payments are made under the Medi- H.R. 1158: Mr. UDALL of Colorado. ORTIZ, Mr. BLUNT, Mr. JONES of North Caro- care Program; to the Committee on Energy H.R. 1212: Mr. RILEY, Mr. CHAMBLISS, and lina, Mr. FROST, Mr. KIRK, Mr. BAIRD, Mrs. and Commerce, and in addition to the Com- Mr. GEKAS. BIGGERT, Mr. VITTER, Mr. SWEENEY, Mr. GOR- mittee on Ways and Means, for a period to be H.R. 1307: Mr. RAHALL. DON, and Mr. RAMSTAD. subsequently determined by the Speaker, in H.R. 1354: Mrs. JO ANN DAVIS of Virginia H.R. 3175: Mr. GILMAN, Mr. HOLT, and Mr. each case for consideration of such provi- and Mr. CONYERS. MENENDEZ. sions as fall within the jurisdiction of the H.R. 1360: Mr. ISRAEL, Mr. BARCIA, Mr. H.R. 3194: Mr. ANDREWS, Mr. BARRETT, and committee concerned. BOEHLERT, Ms. DELAURO, Mr. BORSKI, and Mr. BACA. By Mr. THORNBERRY (for himself, Mr. BROWN of Ohio. H.J. Res. 23: Mr. FORBES. Mrs. WILSON, Mr. NORWOOD, and Mr. H.R. 1436: Mr. FLETCHER, Mr. SHERMAN, Ms. H.J. Res. 54: Mr. TERRY. GREEN of Texas): WATERS, Mr. SHOWS, Mr. SHUSTER, Mr. H. Con. Res. 102: Mr. BOUCHER and Mr. H.R. 3239. A bill to amend the Robert T. ETHERIDGE, and Mr. SKELTON. FLETCHER. Stafford Disaster Relief and Emergency As- H.R. 1460: Mr. PETERSON of Minnesota. H. Con. Res. 164: Mr. LANGEVIN.

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H. Con. Res. 211: Mr. SANDERS. H. Con. Res. 257: Mr. PETERSON of Min- 45. The SPEAKER presented a petition of H. Con. Res. 216: Ms. MILLENDER-MCDON- nesota, Mr. FARR of California, Ms. LEE, Mr. the California State Lands Commission, ALD. PAYNE, Mr. SHOWS, Mr. CAPUANO, Mr. MEEKS California, relative to a Resolution peti- H. Con. Res. 230: Mr. WU, Mr. TANCREDO, of New York, Ms. MCKINNEY, Mr. NEAL of tioning the United States Congress to con- Mr. TRAFICANT, Mr. RANGEL, and Mr. SABO. Massachusetts, Mr. THOMPSON of Mississippi, tinue the moratorium on oil leasing in FY H. Con. Res. 249: Mr. HOUGHTON, Mr. Mr. KIND, Mr. MALONEY of Connecticut, Mr. 2002, to take all steps appropriate and nec- CRENSHAW, Mr. TAYLOR of North Carolina, HILLIARD, Mr. POMEROY, Ms. PELOSI, Mrs. Mr. BROWN of South Carolina, Mr. PETERSON essary to protect California’s coast by end- CHRISTENSEN, Mrs. CLAYTON, and Mr. TOWNS. of Pennsylvania, Mr. BASS, Mr. YOUNG of H. Res. 128: Mr. LEVIN. ing all new oil leasing and preventing devel- Florida, Mr. REHBERG, Mr. HILLEARY, Mr. H. Res. 235: Mr. GRUCCI. opment of oil and gas from the 36 undevel- UPTON, Ms. ROS-LEHTINEN, Mr. LEACH, Ms. H. Res. 265: Mr. EVERETT and Mr. oped federal oil leases remaining off the PRYCE of Ohio, Mr. PORTMAN, Mr. HOEKSTRA, BALLENGER. coast of California; to the Committee on Re- Mr. MCCRERY, Mr. LEWIS of Kentucky, Mr. f ENGLISH, Mr. CAMP, Mr. KERNS, Mr. GREEN- sources. WOOD, Ms. DELAURO, Mr. MARKEY, Mr. LA- DELETIONS OF SPONSORS FROM 46. Also, a petition of the Elk County FALCE, Mr. WEINER, Mr. ACKERMAN, Ms. PUBLIC BILLS AND RESOLUTIONS Board of Commissioners, Pennsylvania, rel- VELAZQUEZ, Mr. MCHUGH, Mr. GRUCCI, Ms. ative to a Resolution petitioning the United JACKSON-LEE of Texas, Mr. CUMMINGS, Mr. Under clause 7 of rule XII, sponsors States Congress that the Board condemns MANZULLO, Mr. CULBERSON, Mr. SHIMKUS, Mr. were deleted from public bills and reso- the cowardly and deadly actions of the ter- SCHROCK, Mr. TAUZIN, Mr. TIAHRT, Mr. lutions as follows: rorist attacks and supports the President as HAYES, Mr. BOSWELL, Ms. MILLENDER- H.R. 981l: Mr. PETERSON of Pennsylvania. MCDONALD, Mrs. CLAYTON, Ms. LOFGREN, Mr. he works with his national security team to f KUCINICH, Mr. ANDREWS, Mr. DEFAZIO, and defend against additional attacks, and finds Mr. MOORE. PETITIONS, ETC. the perpetrators to bring them to justice; H. Con. Res. 253: Mr. WATT of North Caro- Under clause 3 of rule XII, petitions jointly to the Committees on Armed Serv- lina, Mr. COSTELLO, and Mr. UDALL ices, the Judiciary, and Energy and Com- H. Con. Res. 254: Mr. HOEFFEL and Mr. and papers were laid on the clerk’s TOOMEY. desk and referred as follows: merce.

VerDate 06-NOV-2001 04:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00129 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.135 pfrm02 PsN: H06PT1 E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, TUESDAY, NOVEMBER 6, 2001 No. 152 Senate The Senate met at 2:16 p.m., and was APPOINTMENT OF ACTING DEPARTMENTS OF LABOR, called to order by the Honorable JEAN PRESIDENT PRO TEMPORE HEALTH AND HUMAN SERVICES, CARNAHAN, a Senator from the State of The PRESIDING OFFICER. The AND EDUCATION, AND RELATED Missouri. clerk will please read a communication AGENCIES APPROPRIATIONS to the Senate from the President pro ACT, 2002 PRAYER tempore (Mr. BYRD). The ACTING PRESIDENT pro tem- The assistant legislative clerk read pore. Under the previous order, the The Chaplain, Dr. Lloyd John the following letter: Senate will now resume consideration Ogilvie, offered the following prayer: U.S. SENATE, of H.R. 3061, which the clerk will re- Gracious God, who knows what is PRESIDENT PRO TEMPORE, port. The legislative clerk read as follows: going on in our minds, we thank You Washington, DC, November 6, 2001. To the Senate: that more than providing our surface A bill (H.R. 3061) making appropriations Under the provisions of rule I, paragraph 3, for the Department of Labor, Health and needs, You meet our deepest needs. of the Standing Rules of the Senate, I hereby Human Services, and Education, and related Help us to put and keep things in per- appoint the Honorable JEAN CARNAHAN, a agencies for the fiscal year ending Sep- spective. Thousands of men and women Senator from the State of Missouri, to per- tember 30, 2002, and for other purposes. of our armed services are in harm’s form the duties of the Chair. Pending: way in a just battle against terrorism ROBERT C. BYRD, President pro tempore. Daschle amendment No. 2044, to provide and despotism, and hundreds of thou- collective bargaining rights for public safety sands are on alert. Meanwhile, so much Mrs. CARNAHAN thereupon assumed officers employed by States or their political has changed for our life here in the the chair as Acting President pro tem- subdivision. Senate. An anthrax scare has gripped pore. Gramm modified amendment No. 2055 (to us, our routines have been disrupted, amendment No. 2044), to preserve the free- f dom and constitutional rights of firefighters, temporary offices cause frustration, law enforcement officers, and public safety and the instability of everyday conven- RECOGNITION OF THE MAJORITY officers. LEADER iences unsettle us. In a time like this, The ACTING PRESIDENT pro tem- we learn that faith and flexibility are The ACTING PRESIDENT pro tem- pore. Under the previous order, there is inseparable. Our trust is in You and pore. The majority leader is recog- now 15 minutes for debate to be equally not in having everything in our con- nized. divided and controlled by the two lead- trol. While we pray for those who are f ers or their designees. making a much greater sacrifice than The Senator from Oklahoma. we, we also ask for the qualities of SCHEDULE Mr. NICKLES. Madam President, I greatness rooted in Your goodness and 1 Mr. DASCHLE. Madam President, yield myself 3 ⁄2 minutes. grace. Thank You for this new day in Madam President, I urge my col- the Senate will resume consideration which to find our security in You, our leagues to vote no on the Daschle-Ken- of the Labor-HHS Appropriations Act serenity in Your peace, and our nedy amendment. This is an amend- with 15 minutes of debate in relation to strength in Your power. You have ment which, for the first time in over the firefighters amendment. The Sen- taught us to seek first Your Kingdom 200-some-odd years in our Nation’s his- ate will vote on cloture on the amend- with the assurance that all things nec- tory, we have the Federal Government ment at approximately 2:30 this after- essary for our joy would be added to us. trying to pass a law dealing with col- noon. We hope to complete action on You are our Lord and Saviour. Amen. lective bargaining for cities, counties, the Labor-HHS appropriations bill and States for fire, police, sheriffs, and today. Then it would be my intention f emergency personnel. of moving to the D.C. appropriations We have never done it before. We bill. shouldn’t do it now. That is and should PLEDGE OF ALLEGIANCE I yield the floor. be the prerogative of the States. The The Honorable JEAN CARNAHAN led f 10th amendment to the Constitution the Pledge of Allegiance as follows: says all of the rights and powers are re- RESERVATION OF LEADER TIME I pledge allegiance to the Flag of the served to the States and to the people. United States of America, and to the Repub- The ACTING PRESIDENT pro tem- It doesn’t say: States, you have been lic for which it stands, one nation under God, pore. Under the previous order, the doing this for all these years, but now indivisible, with liberty and justice for all. leadership time is reserved. we will have the Federal Government

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

S11449

.

VerDate 06-NOV-2001 02:09 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.000 pfrm04 PsN: S06PT1 S11450 CONGRESSIONAL RECORD — SENATE November 6, 2001 pass a collective bargaining law that fusion with conflicting and overlapping stat- local police, fire, and emergency serv- also says you should have remedies, ar- utes. ices officers. After the devastating at- bitration, and so on. They said it well. The League of Cit- tacks of September 11, we know that Why is the Federal Government ies said it well. The Conference of May- these men and women are the true he- doing that when States should be doing ors said it well. The National Con- roes of America. it? The States are doing it. Why should ference of State Legislatures said it The issue before the Senate, man- we tell the States they are not doing it well. Leave this area of jurisdiction to dating that State and local govern- well enough? We will have a bureaucrat the States, where it has always been, ments allow public safety officers to go in and review the State’s laws and not trying to preempt it by a Federal unionize and collectively bargain, say, maybe your State doesn’t comply. statute. raises many passions on both sides of Some people have estimated 26 to 30 I urge my colleagues to vote no on the aisle. In Alaska, this issue has been States don’t comply. Maybe the State cloture. resolved. Our State and local employ- of Missouri will have to rewrite its col- Mr. DASCHLE. I yield 3 minutes to ees are allowed to unionize and engage lective bargaining law or the State of the distinguished Senator from Massa- in collective bargaining and I very Oklahoma. Frankly, over half of the chusetts. much support the right of Alaska po- States have local options where the Mr. KENNEDY. Madam President, on lice, fire and emergency service per- State legislatures have said: We will September 11, Americans were riveted sonnel to unionize. leave that up to the cities. And now not only by the extraordinary act of So as far as this Senator is con- the Federal Government will say: No, terrorism that struck this country and cerned, the issue raised by Senator that is not good enough; we will have the extraordinary loss of life, but also DASCHLE is one of principle, not labor/ the Federal Government come in and they were struck by the extraordinary management principles but principles make that decision. heroism and bravery of firefighters, po- of constitutional proportions. This bill says we will exempt small lice officers, and rescue workers, but Senator DASCHLE’s amendment pre- communities. Communities that have particularly the firefighters. empts the laws of 27 States. These less than 5,000 will not be covered by There may be those who want to sug- States have decided that they do not this law. If we don’t get cloture, we gest reasons we shouldn’t permit fire- believe their police, fire, or emergency will have an amendment because I will fighters to be able to bargain collec- service workers, employees of State raise that number. I think 5,000 is way tively in the public interest. What is and local governments, should be al- too small. We will exempt cities with the record when these firefighters have lowed to engage in union activities. By fewer than 5,000 employees. I think been able to bargain collectively? First what constitutional right does the Fed- that is too small. We will have to have of all, there is greater safety for not eral Government have the authority to a bigger exemption. The legislation only the public but for the firefighters. tell State and local governments what forgot to exempt volunteers. Why Second, the number of deaths per fire- the terms of employment should be for should we cover volunteers? So we will fight has gone down. The numbers State and local workers? have to have an amendment dealing clearly reflect that. Third, where this Here is how the amendment attempts with volunteers. There are over 800,000 has been permitted in States, we have to address the Constitution: ‘‘The ab- volunteer firefighters and police offi- seen the costs for fire protection have sence of adequate cooperation between cers in the country. actually gone down. public safety employers and employees Why should we mandate that people Madam President, this is most of all has implications for the security of em- contribute to an organization against about fairness and decency. This is ployees and can affect interstate and their will? We need voluntary contribu- about respect for workers in our coun- intrastate commerce.’’ tions. try who have demonstrated day in and This amendment does not pass the This bill is legislation on an appro- day out that they are prepared to lay laugh test when it comes to constitu- priations bill. It should be dealt with down their lives in order to save other tionality. If the standard of the Com- separately. It doesn’t belong on this lives. We don’t need any lectures about merce clause can be satisfied with the appropriations bill. Let me read com- that in the Senate. previously quoted finding, then there is ments from a couple of organizations. The real question now is whether the absolutely no area where the Federal The U.S. Conference of Mayors: Senate will permit these extraor- Government can preempt States. However, the federal government should dinarily brave and courageous individ- I think it is clear from the recent de- not impose collective bargaining procedures uals to get together in order to have an cisions of the Supreme Court that the and practices on these local governments adequate and decent living. They are Commerce clause is alive and well and that have chosen over time to develop alter- not asking for the Moon. If there is that Congress should be legislating in native methods for the management of going to be an impasse, there are pro- areas that have real impacts on inter- human resource and personnel needs. cedures to work out that impasse. We state Commerce, not phony made-up The National Volunteer Fire Council: do think they are entitled to the kind attempts to preempt all State deci- . . . representing over 800,000 Members of of coming together and speaking to the sions. America’s volunteer fire, EMS, and rescue interests and the safety of firefighters Because this amendment clearly con- services.... On behalf of our membership, I which they deserve. travenes the Constitution, I have de- urge you to oppose the Daschle Amendment I cannot think of a place in our soci- cided that I will not vote to invoke clo- as currently written that would insert the ety that has demonstrated a stronger ture. language of [this bill]. commitment to the public good. They Mr. WARNER. Madam President, I The National League of Cities: are not asking for very much. All they rise to offer a few comments before we . . . the Federal Government should not are asking for is to be treated decently vote on cloture on the Daschle amend- undermine municipal autonomy with respect and fairly in the workplace. That is ment. I have and always will be strong- to making fundamental employment deci- what this is about. Are we going to per- ly committed to our Nation’s fire, po- sions by mandating specific working condi- mit firefighters in our country to be lice and emergency rescue personnel. tions. treated decently and fairly in the Career emergency workers and the in- From the Vermont League of Cities workplace? dividuals who are members of our Na- and Towns, written to Senator JEF- If Members believe in that, support tion’s over 22,000 all volunteer fire sta- FORDS: the Daschle amendment. That is what tions are on the front lines in Amer- The Vermont League of Cities and Towns this amendment does. ica’s new war on terrorism. They have strongly urges you to oppose the amend- Mr. MURKOWSKI. Madam President, a critical role in our homeland defense ment. The amendment would create a Fed- it has been nearly a week that the Sen- initiatives. eral collective bargaining law that applies to ate has been tied up over the majority Virginia is a Right to Work State State and local government employees. We believe strongly this is an issue better dealt leader’s amendment to the Labor-HHS and has passed laws explicitly prohib- with in the Statehouse in Montpelier than in appropriations bill. I have listened to a iting public safety unions. Passage of Washington. This amendment is not only in- great deal of debate about how this the Daschle amendment would impose trusive but has the potential of causing con- amendment would affect State and an unfunded Federal mandate on

VerDate 06-NOV-2001 00:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.003 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11451 States and preempt the existing guide- Senator DODD on November 1, 2001, that controversial and extraneous matters lines and laws in the 27 States which do will provide States and localities with until we had an opportunity to com- not have comprehensive collective bar- the necessary funding to hire addi- plete the appropriations process. This gaining rights for public safety em- tional firefighters. The Staffing for bill could be brought up freestanding. ployees. Adequate Fire and Emergency Re- The majority leader has the unilateral States and localities must retain the sponse Act establishes a new grant pro- power to do that. But to put it on an flexibility to operate effectively and gram that will provide direct funding appropriations bill, it seems to me, dis- manage their public safety workforce to fire and rescue departments to cover rupts what we are trying to achieve as it is most appropriate for their par- some of the costs associated with hir- and encourages others to follow suit. If ticular needs. ing and training new firefighters. this amendment is clotured, there will It is not the right time for the Fed- In addition, our fire and rescue serv- be a dozen amendments offered to it eral Government to intervene with the ices have a critical role in our home- that have to do with labor law in rights of State and local governments, land defense initiatives. I am pleased America. burdening them with additional re- to have cosponsored an amendment of- This is another debate for another quirements which may strain the lim- fered to the fiscal year 2002 Defense Au- day. We will end up having to cloture ited financial resources of our local thorization legislation to increase this bill. There will be a lengthy proc- governments. funding for the fire program from $300 ess that will use up our time and en- In particular, many Americans are million to $600 million in 2002. Funds ergy that would better be spent on not aware of the staffing shortages we from the fire program are granted to something else. may face in our fire and rescue depart- local fire departments from the Fed- I understand this is a time when we ments. The role of firefighter in our eral Emergency Management Agency appreciate our firemen and we appre- communities is far greater than most for, among other things, training of ciate our policemen, but forcing people realize. They are first to respond to firefighters and emergency response to pay union dues is not a way I show hazardous materials calls, chemicals personnel, toward the purchase of new appreciation to people. emergencies, biohazard incidents, and equipment, and upgrading fire stations We have the right in Texas and every water rescues. These are dangers which and fire training facilities. With the State in the Union has the right to are fire rescue personnel deal with on a existing and emerging threats our Na- write its State constitution and to daily basis. write its laws. Laws related to local Earlier this year the National Fire tion is facing, it is now more important labor relations and the relationship of Protection Association, a nonprofit or- than ever that our firefighters receive the city, the county, and the State ganization which develops and pro- the necessary training and resources. Please know that I recognize the sac- with their employees is something that motes scientifically based consensus should be set by the cities, counties, codes and standards, adopted a stand- rifice firefighters, police, and all emer- and States, not by the Federal Govern- ard on response operational and de- gency personnel make in Virginia and ployment issues pertaining to fire and across the Nation. I will continue to ment. I urge my colleagues, on substance rescue departments. Based upon that support initiatives that will help our this amendment is profoundly wrong standard, almost two-thirds of fire Nation’s firefighters and emergency and wrongheaded. And on procedure, it companies across the country operate workers. with inadequate staffing. The cost for The ACTING PRESIDENT pro tem- puts us into a collision course. Mr. DASCHLE. I yield 1 minute to many municipalities to meet these new pore. The Senator from Texas. Mr. GRAMM. Madam President, I am the distinguished Senator from New safety standards, however, would be opposed to the Daschle amendment on significant. York. In Virginia, many professional fire both substantive and procedural The ACTING PRESIDENT pro tem- and rescue workers also volunteer at grounds. pore. The Senator from New York. their local volunteer station. Their First of all, in terms of substance, Mr. SCHUMER. Madam President, I presence is invaluable to these commu- the Daschle amendment actually em- thank our leader once again for coming nities. powers a Government agency, the Fed- forward with a very timely amend- If Senator DASCHLE’s amendment eral Labor Relations Authority, to ment. I would like to add my support. passes, however, these paid firefighters override State law. It allows this Au- I know people from all over the coun- would be prohibited from serving as thority in some 25 States in the Union try were riveted on the great work of volunteers elsewhere. to make a determination that would our firefighters as well as our police Over the past month, I have heard override established State law and and rescue workers in New York. They from a great number of professional State constitutions and impose a did a wonderful job. firefighters present at the Pentagon unionization process which the States I can tell you—and I have talked to that day and the days following. Vol- have rejected. hundreds of them—the words are very unteers and paid professionals worked In my State, we have a local option, inspiring. But they also need help. side-by-side in the wake of the trage- so the question of collective bargaining They are trying to feed families. They dies which occurred on September 11, and unionization of the local fire de- are trying to get the kind of benefits 2001, in New York, Pennsylvania, and partment and sheriff’s department is a that so many others have. In place at the Pentagon in Virginia. Volunteer matter for local voters. They have a after place after place in America, they stations from throughout Virginia also referendum. That is our procedure. don’t get them. helped to serve communities when the That is the way we do it in Texas. It If we want to show our real feelings, fire and rescue personnel from that has served us well. if we want to put our money where our area were on duty at the Pentagon. The Daschle amendment would over- mouth is, if we really want to help the I am pleased to be actively involved ride State law, override county ordi- firefighters—go ask them. Don’t rely in several legislative initiatives to sup- nances, and empower a government on some kind of broad ideological port our Federal, State and local fire regulatory body, the Federal Labor Re- mantra. If we want to help the fire- and rescue services. lations Authority, to override State fighters, we should not tell them how We need to recognize our firefighters law. we are going to help them. Let them and emergency personnel around the I think this violates everything we tell us how we are going to help them. country who continue to make sac- claim to believe about federalism. It is They want this proposal. They are rifices in their service to the public. very bad policy. It violates the spirit of right. I am for it. We must provide our fire and rescue de- the tenth amendment of the Constitu- Mr. DASCHLE. I yield 1 minute to partments with sufficient funding to tion, and I think it is profoundly the distinguished Senator from North hire the necessary personnel in order wrong. Carolina. to ensure that our nation’s commu- Second, let me say on procedural Mr. EDWARDS. Madam President, nities are adequately protected. grounds, we are in the process of trying this is not a complicated question. The I am pleased to be an original cospon- to finish appropriations. We were en- American people have watched as these sor of legislation, S. 1617, introduced by couraging our Members to put aside firefighters have put their lives on the

VerDate 06-NOV-2001 00:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.007 pfrm04 PsN: S06PT1 S11452 CONGRESSIONAL RECORD — SENATE November 6, 2001 line for us. They have provided all of their rights, for their safety, for their amendment says if a state has a right- us, all of our families, and families all lives in some cases. to-work law, we will respect it. over this country, with the security we Madam President, I urge a ‘‘yes’’ What this amendment also says to need and expect. vote. I hope our colleagues will support every firefighter in the country: If you Now these firefighters have come to this cloture vote. want to negotiate in a collective bar- us, the Senate, and asked that we pro- I yield the floor. gaining arrangement with your em- vide them and their families with the The ACTING PRESIDENT pro tem- ployer, you have the right to do so. pore. The Senator from Oklahoma. same kind of security American work- The process is not dictated. There is Mr. NICKLES. Madam President, I ers have all over this country. no requirement that employers agree This is not a complicated question. It yield myself 3 minutes under the Re- with those firefighters who want to is a simple question. The American publican leader’s time. enter into a collective bargaining ar- people have watched the heroism of The ACTING PRESIDENT pro tem- rangement. these firefighters. It is time for our pore. Without objection, it is so or- Senate to provide them with the same dered. Who would deny the right to a fire- kind of security they have been pro- Mr. NICKLES. Some people have fighter today to enter into a collective viding to American families forever. equated this with a patriotic vote be- bargaining arrangement if he or she I yield the floor. cause we appreciate the firefighters in chooses to do so? That is all we are Mr. DASCHLE. Madam President, I New York and Virginia. Certainly we suggesting. We protect right-to-work will use whatever leader time I may re- do. The firefighters in Virginia were laws. We protect rights of the State. I quire to close out the debate on this nonunion. The firefighters in New York think we ought to protect the rights of amendment. were union. That is not the issue. The all firefighters too. As my colleagues have noted, every issue is whether or not the Federal I yield the floor. day firefighters, police officers, and Government is going to go in and pre- CLOTURE MOTION emergency workers literally risk their empt States or dictate to the States The ACTING PRESIDENT pro tem- lives to protect our safety. In 18 States, collective bargaining laws for public pore. Under the previous order, the public safety workers do not currently employees. Chair lays before the Senate the pend- have the legal right—the legal right— We have never passed a law that says ing cloture motion, which the clerk to sit down with their employers and we are going to have collective bar- will state. talk about their own health and about gaining dictated by the Federal Gov- their own safety. That is why we offer ernment for State employees or for The legislative clerk read as follows: this amendment this afternoon, the city employees. We have never done it CLOTURE MOTION Public Safety Employee-Employer Co- in 225 years. We never passed such a We, the undersigned Senators, in accord- operation amendment. It is identical to law. ance with the provisions of rule XXII of the the bipartisan bill offered by Senators We have never passed a law that Standing Rules of the Senate, hereby move GREGG and KENNEDY, who both spoke says: Sheriffs, officers, you can have to bring to a close the debate on the Daschle- in favor of this amendment last week. collective bargaining. Kennedy amendment No. 2044 to H.R. 3061, The amendment is very simple. It We have never done that, but we are the Labor, HHS appropriations bill: guarantees that public safety officers getting ready to do it. We have never Maria Cantwell, Joe Biden, Barbara A. have the right to form and join a done it to all cities. Right now, this Mikulski, Patrick J. Leahy, Patty Murray, Paul Sarbanes, Debbie union; have the right to bargain collec- legislation goes to cities with popu- Stabenow, Max Cleland, Joe tively over hours, wages, and condi- lations of greater than 5,000. Other Lieberman, Bill Nelson, Harry Reid, tions of employment—period. States have different laws. Paul Wellstone, Barbara Boxer, Jack Studies have shown, as Senator KEN- Every State has a law dealing with Reed, Daniel K. Akaka, Kent Conrad, NEDY and others have noted, that fewer collective bargaining, but now we are and Tom Daschle. firefighters are killed in the line of saying we are going to tell the States The ACTING PRESIDENT pro tem- duty in States where collective bar- what to do, and the States have to pass pore. By unanimous consent, the man- gaining exists, States where public laws that are basically, substantially datory quorum call has been waived. safety officers have a say in their equivalent with this law or else it The question is, Is it the sense of the working conditions. Our proposal ex- doesn’t apply. A Federal bureaucrat is Senate that debate on the Daschle- pressly forbids strikes or lockouts by going to decide whether the existing Kennedy amendment No. 2044 to H.R. public safety workers. State laws are in compliance. 3061, the Labor-HHS appropriations Contrary to assertions by some of the Some States have a local option. The bill, shall be brought to a close? opponents of this amendment, our pro- majority of States have a local option. posal does not override State right-to- They let cities make that decision. We The yeas and nays are required under work laws. The opponents of this are trying to say: Cities, you can’t the rule. amendment say that allowing public make it. Small towns in North Dakota, The clerk will call the roll. safety workers to join a union will South Dakota, Oklahoma, you can’t The assistant legislative clerk called somehow jeopardize public safety. Tell make that decision. We are going to the roll. that to the 344 unionized firefighters make it for you. The yeas and nays resulted—yeas 56, and paramedics who died trying to save I think that is a serious mistake. I nays 44, as follows: the lives of people at the World Trade applaud the bravery of firefighters, po- Center. Tell the unionized Capitol po- lice officers, people who work in the [Rollcall Vote No. 323 Leg.] lice who guard this building and pro- ambulance system, the sheriffs, offi- YEAS—56 tect our lives every day of the week. cers, but I don’t think we, on the Fed- Akaka Dorgan Lincoln These men and women deserve our eral level, should dictate their collec- Baucus Durbin Mikulski Bayh Edwards Miller thanks. They deserve a vote on this im- tive bargaining arrangements. That Biden Feingold Murray portant issue. Instead, when we offered has been done by the States, done by Bingaman Feinstein Nelson (FL) this amendment, we were informed op- the cities, done by the counties. They Boxer Fitzgerald Nelson (NE) ponents would not give us a vote. So have done a good job. We should not Breaux Graham Reed Cantwell Gregg Reid let there be no mistake. This cloture tell them how to do it. Carnahan Harkin Rockefeller vote is the vote on the merits. It is a The ACTING PRESIDENT pro tem- Carper Inouye Sarbanes vote on whether or not we stand with pore. The majority leader. Cleland Jeffords Schumer Clinton Johnson Smith (OR) firefighters, the police, and those who Mr. DASCHLE. Preserving the pre- Collins Kennedy Snowe protect us day in and day out. This rogative of the majority, I want to Conrad Kerry Specter gives all firefighters, regardless of close out this debate. Let me respond Corzine Kohl Stabenow where they live, the opportunity to do in a couple of ways. Daschle Landrieu Torricelli Dayton Leahy Wellstone what they ought to be able to do in this First of all, this amendment does not DeWine Levin Wyden country—to bargain collectively for federalize state labor laws. This Dodd Lieberman

VerDate 06-NOV-2001 00:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.007 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11453 NAYS—44 sonal Farmworker Housing Program. I this bill, I hope that we will be able to Allard Enzi McConnell have worked for a number of years to put more money into education pro- Allen Frist Murkowski ensure that the Labor Department pro- grams this year. The education reform Bennett Gramm Nickles Bond Grassley Roberts vide funding for housing assistance for bill now in conference would impose Brownback Hagel Santorum eligible farmworkers. There is a well- significant new requirements on our Bunning Hatch Sessions established network of local housing schools, and if we are going to ensure Burns Helms Shelby organizations that receive these funds. no child is left behind, we need to pro- Byrd Hollings Smith (NH) Campbell Hutchinson Stevens I am particularly impressed by the vide the money to back up that bill. I Chafee Hutchison Thomas work of the organization in my State, look forward to working with Senator Cochran Inhofe Thompson the Delta Housing Project. The Senate HARKIN and my other colleagues on the Craig Kyl Thurmond Crapo Lott Voinovich Report accompanying this bill rec- ESEA conference committee to fully- Domenici Lugar Warner ommends $5,000,000 for farmworker fund IDEA. Ensign McCain housing. This amount represents an in- I especially thank the Chair for The PRESIDING OFFICER (Mr. crease of $1,000,000 over the fiscal year working with me to ensure sufficient JOHNSON). On this vote, the yeas are 56, 2001 level. In fiscal 2001 the committee funding to keep our commitment of the nays are 44. Three-fifths of the Sen- increased the fund from $3,000,000 to smaller classes for our young students. ators duly chosen and sworn not having $4,000,000 representing the first This investment of more than $3 billion voted in the affirmative, the motion is increasee since 1982. I am pleased that in teacher quality and smaller classes rejected. the committee has recently increased represents the fourth year that I have Mr. BYRD. Mr. President, I have long the funding to this worthwhile pro- successfully fought for funds to help been a supporter of collective bar- gram so that grant recipients can use districts continue on the path to hiring gaining rights. these funds for important housing 100,000 new teachers to reduce class Although worthwhile, I oppose clo- projects. However, despite the fact that sizes in the early grades nationwide. ture on the Daschle amendment (SA in fiscal year 2001 the program was in- By including the class size reduction 2044) because it would have further de- creased by 20 percent, most all grant program in the appropriations bills layed the already backlogged fiscal recipients received less money than over the last 3 years, Congress has year 2002 appropriations process. More they have consistently relied upon for taken an important, bipartisan step to than one month into the fiscal year the past 17 years. This does not seem ensure our students are learning in less 2002, we have sent only 5 of the 13 an- fair. crowded classrooms. The first year of nual appropriations conference reports Mr. HARKIN. I agree. We need to Federal class size reduction funds en- to the President. We must finish our continue this program so that the well- abled schools to hire 29,000 teachers, work and pass these appropriations established network of local housing and last year’s funding added another bills. organizations can continue to provide 8,000 to that number. As a result, about While I support the Daschle amend- these needed services. That is why our 2 million students are learning in class- ment, the Labor-HHS appropriations subcommittee provided an additional rooms that are no longer overcrowded. bill was not the proper vehicle to ad- $1,000,000 specifically for housing prior- On a related note, I am pleased that dress this issue. ities. this bill includes funding to continue Mr. REID. Mr. President, I suggest Mr. COCHRAN. It is my intent that the school renovation investments we the absence of a quorum. these funds be used by the Department started this year. These funds are crit- The PRESIDING OFFICER. The of Labor for the expansion of funding ical to ensuring students learn in safe, clerk will call the roll. among the network of farmworker modern and uncrowded classrooms. The legislative clerk proceeded to housing grantees. It is my under- I am also pleased to note that this call the roll. standing that it is the intent of this bill includes funding for the Teacher Mr. REID. Mr. President, I ask unan- committee that these funds be used for Training in Technology Program. Help- imous consent that the order for the those grantees and that any funds for ing our teachers learn to use tech- quorum call be rescinded. migrant rest center activities would nology is essential if we are going to The PRESIDING OFFICER. Without come from other discretionary sources. use technology to improve education objection, it is so ordered. Would the chairman clarify this under- for all students. I will continue to work Mr. REID. Mr. President, the matter standing? to secure this program in ESEA reau- now before the Senate is the Labor- Mr. HARKIN. Yes. The legislation is thorization, and appreciate the com- HHS Appropriations Act; is that true? intended to provide funds to the net- mittee’s support in that endeavor. I am disappointed that this bill does The PRESIDING OFFICER. The Sen- work of housing providers in the mi- not provide more funding to support ator is correct. grant community and not to be used for discretionary purposes. some of our most vulnerable students AMENDMENT NO. 2044, WITHDRAWN Mrs. MURRAY. Mr. President, I rise our homeless children. I hoped we Mr. REID. Mr. President, I ask unan- today to express my overall support for would follow the lead of the education imous consent to withdraw the Daschle the Labor-HHS bill currently before us. authorizers who accepted my amend- amendment. I thank the chairman and ranking ment to double the authorization for The PRESIDING OFFICER. Without member for their continued efforts to homeless education. At the current objection, it is so ordered. meet our county’s needs. I recognize level this program is only able to serve Mr. REID. Mr. President, I ask unan- the financial limitations we faced in one-third of eligible children, and less imous consent that there be no further the subcommittee in trying to address than 4 percent of districts receive di- amendments in order to H.R. 3061, the our many concerns in labor, health and rect funding. The House mark includes Labor-HHS appropriations bill, the bill education. This appropriations bill, $50 million for this program, and I hope be read a third time, and the vote on more than any other bill, impacts that the final agreement will include a final passage occur immediately, not- every family and every community. significant increase over current fund- withstanding rule XII, paragraph 4. The programs in this bill from edu- ing. Family homelessness is increasing. The PRESIDING OFFICER. Without cation and health services to work- The U.S. Conference of Mayors found objection, it is so ordered. place safety are priorities for Wash- that demand for emergency shelter in- Mr. REID. I ask for the yeas and nays ington families. While I am dis- creased by 17 percent among homeless on H.R. 3061. appointed by some areas of the bill, families last year. Schools are having a The PRESIDING OFFICER. Is there a overall it makes critical investments hard time keeping up with the increas- sufficient second? in our health, safety and welfare. I ing demand for services, and I fear that There is a sufficient second. would like to highlight some of my pri- the changes in our economy will only The yeas and nays were ordered. orities in this critical legislation, make the situation worse. FARMWORKER HOUSING PROGRAM starting with education. Local homeless education programs Mr. COCHRAN. Mr. President, I have Although I appreciate the significant use these funds to help homeless chil- a question about the migrant and sea- increase in education we provide in dren enroll, attend, and succeed in

VerDate 06-NOV-2001 00:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.001 pfrm04 PsN: S06PT1 S11454 CONGRESSIONAL RECORD — SENATE November 6, 2001 school in by: establishing liaisons to Finally, I would like to turn to some of $23.7 billion, an increase of $3.4 bil- the homeless community to identify of the progress this bill makes in the lion over last year. I am proud of the homeless children and connect them to area of healthcare. For years, we have research being done in Washington school; providing school supplies and known about the important role played state including at the University of emergency needs—everything from by the Centers for Disease Control and Washington, the Hutch and many backpacks, paper, pencils, gym clothes, Prevention. During the recent anthrax biotech and biomedical research facili- math/science equipment, to eyeglasses, incidents, many Americans have ties throughout the state. In fact, shoes, clothing, and hygiene supplies; learned about some of the CDC’s re- Washington state is one of the top five offering tutorial services for homeless sponsibilities. This bill boosts our in- recipients of NIH funding. children at shelters and other loca- vestment in the CDC by providing $4.4 In the area of poison control, I am tions; and much more. billion for Disease Control programs— pleased that this legislation provides a I thank the managers for adding an increase of $372 million over last total of $24 million for fiscal year 2002, funding for GEAR UP in this final bill, year. This funding will support cancer that’s a $4 million increase over fiscal and I hope we can include additional screening and education programs, in- year and $7.5 million more than the ad- funds in conference to avoid a cut from cluding breast and cervical cancer ministration requested. As one of the the fiscal year 2001 appropriated level. screening; injury control and reduc- I have seen firsthand the great work original authors of the Poison Control tion, including rape prevention and Prevention and Enhancement Act, I be- this program is facilitating. Research education, bioterrorism, and improving has shown that reaching out to dis- lieve this additional funding will pre- our local public health infrastructure advantaged middle school students to vent unintentional poisonings from ev- to respond to public health threats. let them know that the dream of col- eryday products. This bill supports This bill makes progress for local trauma care planning and development lege is within their grasp and sup- communities that are working to pro- porting them in attaining that dream by providing $4 million, an increase of vide care to the uninsured and under- is the most effective way to ensure $1 million over fiscal year 01 and $1.5 insured. The bill provides $1.3 billion more disadvantaged students get a col- million more than the administration’s for Health Centers, which is $175 mil- lege degree. In the information econ- request. Finally, as any advocate can lion more than in fiscal year 2001. omy of the 21st century we cannot tell you, our country doesn’t have While this bill makes a lot of leave children behind by denying them enough shelter space to offer protec- progress on health care issues, I am access to higher education. I believe we tion for abused women and children. deeply disappointed that this bill falls can and must do better for these chil- This bill provides $122 million for bat- short of our commitment to the Com- dren by providing an increase in fund- tered women’s shelters. That is an in- munity Access Program, CAP, which ing for the GEAR UP Program. crease of $5 million over fiscal year 01 Finally, I look forward to working helps communities research and co- and the Administration’s request. ordinate care to underserved popu- with Chairman HARKIN and the Rank- As many of my colleagues are aware, lations. I can tell you that throughout ing Member, Senator SPECTER, to se- states are struggling to fund critical Washington state, the CAP program is cure the funds necessary to operate health care services with rapidly de- allowing local officials, doctors and ad- Child Care Aware. Millions of children clining revenues. The economic down- vocates to meet the needs of under- are in care outside of their home while turn has created a budget crisis for served patients. In fact, this program is their parents work. Yet child care is many states including my own state of critical in meeting the needs of the often more costly than college tuition, Washington. We should recognize the growing population of uninsured. Dur- and quality care can be hard to find. struggle facing many of our states and ing these difficult economic times, we Child Care Aware is a nonprofit initia- act to incorporate language into this should be strengthening our safety net tive, operated by the National Associa- appropriations bill to prohibit or delay programs. That is why, earlier this tion of Child Care Resource and Refer- any effort by CMS to reduce overall year, the HELP Committee adopted the ral Agencies, that is committed to Medicaid payments. I know that many amendment I offered with Senator helping parents find the best informa- of us are concerned about efforts by CLINTON, which assumes an authoriza- tion on locating quality child care and CMS to further restrict the Upper Pay- tion of $125 for the CAP program. child care resources in their commu- ment Limit within Medicaid. I worked Clearly, the $15 million in this bill falls nity. with the previous Administration in short of our commitment. I am hopeful Next, I would like to turn to the 2000 to resolve this matter and phase that we can work with the House in labor provisions of this bill. I am out any potential loophole. To go back conference to meet our original com- pleased that the bill includes $1.549 bil- on this agreement now would mean sig- lion for the Dislocated Worker Employ- mitment. Throughout Washington State, small nificant Medicaid cuts for several ment and Training Activities. This is States. This is the wrong time to cut an increase of nearly $140 million from and rural communities are seeing hos- pitals close. It is becoming more dif- the Federal share of Medicaid. I am fiscal year 2001. hopeful that we can incorporate lan- Unfortunately, our economy is con- ficult for people in rural areas to get guage in this appropriations bill to pro- tinuing to slump. Recent indicators the care they need. This bill invests in hibit any action by CMS to reduce suggest unemployment could reach as rural health care. It provides more Medicaid funding. high as 6.9 percent by the end of next than $1.6 billion to help increase and year. Many of these people need help in improve access to rural health care I believe we should be working to en- their search for new skills and new services, providers and facilities. hance the Federal match under Med- jobs. The Boeing company has an- I am also pleased that the bill sup- icaid to prevent drastic reductions in nounced it will lay off more than 30,000 ports pediatric medical training. It health care for low income families. At workers from its commercial airline provides $243 million for GME for chil- a time when more families will lose business, which is headquartered in dren’s hospitals. This increase of $8.45 health insurance, we should be acting Washington. That is 30 percent of their million is important for hospitals like to increase the Federal commitment to workforce. Many other industries have Children’s Hospital in Seattle. In the Medicaid. I realize that increasing the announced massive layoffs. Those area of AIDS, this bill provides $1.8 bil- Federal Medicaid match is a matter workers will be seeking access to the lion for the Ryan White AIDS pro- which must be addressed in a stimulus dislocated workers’ program. The grams, $75 million more than last year. package not this appropriations bill. money in this bill is a good first step. This bill funds our family planning ef- However, we should use this appropria- However, we must also expand unem- forts at $266 million for title X, an in- tions bill to send a clear message to ployment insurance, health care and crease of $12 million over fiscal year the administration that this is the job training programs to assist these 2001. wrong time to attempt to reduce Med- newly-unemployed workers. I hope my When it comes to supporting cutting- icaid reimbursement to the States. colleagues will support such a measure edge medical research, this bill keeps I am pleased that this bill continues as we debate an economic stimulus us on track for doubling NIH funding our investment in the programs that package. by fiscal year 2003. It provides a total many senior citizens and their families

VerDate 06-NOV-2001 00:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.011 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11455 rely on. It boosts funding for OAA nu- services to support a high quality life Program and an additional $300 million trition programs. Specifically, it pro- for older Americans. An Interagency in emergency funds. LIHEAP is a crit- vides an increase of $30 million over Task Force on Aging Programs will co- ical program for citizens of states like fiscal year 01 for home delivered meals ordinate and provide additional sup- Vermont, who endure long, cold win- (to $177 million) and congregate meals port to programs that serve older ters. Last year LIHEAP helped nearly (to $384 million). It also provides a 10 Americans. Increased funding has been 18,000 Vermont families stay warm. I percent increase for aging programs provided for supportive services and am concerned that demand for this pro- under the Administration on Aging and senior centers, long-term care ombuds- gram will rise dramatically this winter supports other investments that assist men to prevent and address the prob- as the economy slows and incomes de- the elderly. lem of elder abuse and neglect, the Na- cline. I want to thank the Committee When we reauthorized the Older tional Family Caregiver Support Pro- for including a significant increase in Americans Act last year, we created gram, elderly nutrition programs to ex- LIHEAP funding in anticipation of this the Family Caregiver Support Pro- pand home delivered meal distribution, great need. gram, which assists families caring for and Alzheimer’s disease research. I am This spending bill is not perfect. an aging relative. This bill provides a confident that this effort will result in There are areas where increased fund- $20 million increase in the Family an improved quality of life for our na- ing is still needed. However, we have Caregiver Support Program to $140 mil- tion’s seniors, especially for those liv- taken the right steps in many impor- lion. ing in rural parts of our nation. tant health, education, and human This bill funds efforts to use tech- This legislation includes important service programs, and I am pleased to nology to expand health care access. It funding for education that will support support a measure that provides such provides $1 million for telehealth ef- learning opportunities for Vermont great benefit to Vermonters. forts at Children’s Hospital in Seattle. schoolchildren of all ages. Funding for Mr. HATCH. Mr. President, as the And in other areas important to Wash- the Head Start Program, which pro- Senate is about to adopt H.R. 3061, the ington State, this bill supports the vides comprehensive developmental Labor-Health and Human Services Ap- Franciscan Health System’s Program education services for pre-kinder- propriations legislation for fiscal year Improving Care through the End of garten, low-income children, has been 2002, I would like to express my strong Life demonstration program. It funds increased by $400 million. We have in- support and gratitude to Senator HAR- the national Asian pacific center on creased funding to assist low-income KIN and Senator SPECTER for their will- aging continuation of funding. And it students who want to receive a college ingness to include an amendment to funds a health profession and nurse re- education. This bill will raise the max- H.R. 3061 on a matter that is very im- tention study in Washington state. imum Pell Grant available to Amer- portant to my home State of Utah. Overall, this bill makes progress for ican college students from $3,750 to The Radiation Exposure Compensa- our people and our country. $4,000. This is the highest Pell Grant tion Act, RECA, was signed into law in Mr. LEAHY. Mr. President, today the maximum in the history of the pro- 1990 and has provided compensation to Senate will pass the fiscal year 2002 ap- gram. thousands of individuals, both workers propriations bill for the Departments We have also increased funding for and civilians, who were exposed to of Labor, Health and Human Services, our students with special education harmful radiation as a result of the and Education and Related Agencies— needs by $1 billion. Although this in- government’s nuclear testing decades the largest of the 13 appropriations crease brings us a step closer toward ago. Some of these individuals worked bills before Congress this year. This meeting our responsibilities under the in uranium mines; many drove the measure contains support for some of Individuals with Disabilities Act, we trucks which transported uranium ore; the most important aspects of our Na- still must do more. House and Senate and many more happened to live down- tion’s work such as medical research Conferees on the bill to reauthorize the wind from a nuclear test site. that leads to advancements in health, Elementary and Secondary Education The RECA law was amended last year the education of our youth from pre- Act currently have before them the op- by S. 1515, the Radiation Exposure school through college, assistance to portunity to mandate that the federal Compensation Act Amendments of 2000. the elderly and those with disabilities, government increase its share of spe- The legislation, which was signed into and the training of workers seeking cial education funding to 40 percent of law last July, expanded the list of ill- employment. While there are many IDEA spending from its current level of nesses and classes of individuals who noteworthy initiatives in this bill, I 15 percent. I strongly urge my col- may be compensated under the RECA would like to highlight just a few that leagues to support this provision. It program. Recognizing that it is more are particularly important to Vermont. will provide significant relief to state effective, cost-beneficial, and indeed Hope for a cure for many diseases and and local governments as they strive to compassionate, to identify and treat at illnesses must come through research pay for the quality educational serv- the earliest stages individuals who may and I am pleased that the Senate con- ices that our nation’s disabled students have been exposed to harmful radi- tinues to work toward our goal of dou- need and deserve. ation, RECA 2000 also authorized a bling the Federal Government’s invest- I am very pleased that the Senate grant program for education, preven- ment in the groundbreaking bio- has provided increased funding for the tion, and early detection of radiogenic medical research conducted by the 25 Office of Civil Rights, OCR, at the De- cancers and diseases. These grants Institutes and Centers that make up partment of Health and Human Serv- would be provided through the Admin- the National Institutes of Health. With ices. OCR is responsible for the enforce- istrator of the Health Resources and this strong support, NIH funding for ment of civil rights-related provisions Services Administration and would be next year will increase to $23.7 billion, in health and human services pro- used to screen individuals for cancer, an increase of $3.4 billion over last grams. Earlier this year, OCR’s respon- provide education programs for detec- year. Millions of Americans suffering sibilities were vastly expanded with tion, prevention and treatment of from conditions ranging from Parkin- the release of the final medical privacy radiogenic cancers. The grants could son’s and Alzheimer’s diseases, to can- regulation by HHS. Quality enforce- also be used to give medical treatment cer, diabetes and heart disease, will ment of this new regulation is essential to those individuals who have been di- benefit from the research undertaken to the protection of Americans’ med- agnosed with radiogenic cancers and by the thousands of NIH scientists, in- ical privacy. This increased funding illnesses. cluding many in Vermont, supported will ensure that OCR can fulfill its new My amendment appropriates $5 mil- by this funding. medical privacy enforcement obliga- lion to HRSA for programs associated This bill establishes an Aging Initia- tions without dereliction from its with RECA. Of that amount, $4 million tive that takes important steps toward many other civil rights enforcement will be used for the screening and pre- assisting senior citizens in Vermont responsibilities. vention program I have just men- and throughout America. The Initia- Finally, I am pleased that this bill tioned, which is codified under section tive is designed to increase the capac- includes $1.7 billion in funds for the 417C of the Public Health Service Act. ity of home- and community-based Low-Income Home Energy Assistance In addition, my amendment provides $1

VerDate 06-NOV-2001 00:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.012 pfrm04 PsN: S06PT1 S11456 CONGRESSIONAL RECORD — SENATE November 6, 2001 million so the Department of Health for recognizing the importance of this level. Protecting this vital program is and Human Services may contract with issue. Through this amendment, we are simply the right thing to do. the National Research Council in order acknowledging the plight of these Mr. ROCKEFELLER. Mr. President, to review the most recent scientific in- Americans and letting them know that for many years, Senator MIKE DEWINE formation related to radiation expo- we in the Congress truly care about and I have worked with a bipartisan co- sure and associated cancers and ill- their welfare. alition to promote adoptions and to nesses. The study would also make rec- Mr. DEWINE. Mr. President, I thank strengthen Federal funding to help ommendations as to whether there are Senators LANDRIEU and ROCKEFELLER abused and neglected children, espe- additional cancers or illnesses associ- for cosponsoring my amendment, cially through the Safe and Stable ated with radiation exposure that which has been incorporated into the Families program. Senator DEWINE has should be compensated under the managers’ amendment. been a real leader especially in the key RECA program. Finally, the study Earlier this month, my colleague area of defining reasonable effort to would review whether other classes of from West Virginia, Senator ROCKE- protect children. We are joined in our individuals or additional geographic FELLER, and I introduced a bill to reau- effort by Senators LANDRIEU and CRAIG, areas should be included under the thorize the Promoting Safe and Stable both well-known advocates for adop- RECA program. These recommenda- Families Act. This is a vital program tion and leaders of the Adoption Cau- tions by the National Research Council that provides grants to children serv- cus. must be completed by June 30, 2003 and ices agencies to help place foster chil- President Bush called for an increase will be submitted to the Senate Com- dren in permanent homes, provide post- of $200 million for this program in his mittees on Appropriations; Health, adoption services, and reunify families State of the Union address and his Education, Labor and Pensions; and when appropriate. budget. In OMB’s mid-session review, Judiciary for review. The report also I thank Senators SPECTER and HAR- the administration changed its request will be submitted to the House Com- KIN for working with me to increase from $200 million in mandatory money mittees on Appropriations; Energy and the appropriations level for this impor- to discretionary funding. Since then, the House of Representatives added $70 Commerce; and Judiciary. tant program. As reported out of com- I am pleased that this amendment mittee, the Senate bill only provided million in new funding in their Labor- has been cosponsored by both Senators $305 million for the program, while the HHS-appropriations bill. Children suffering from abuse and ne- REID and DOMENICI. I have also worked House bill included $375 million. I glect are among our most vulnerable closely with Senate Majority Leader worked with the managers to increase the Senate level to $375 million. children. In 1997, Congress enacted new DASCHLE, Senator BINGAMAN, Senator I am very pleased that we have in- legislation to make the health and CAMPBELL, and Senator JOHNSON on the creased this funding level because the safety of a child paramount, and to RECA program. All of us have con- Safe and Stable Families program pro- stress the importance of providing stituents who have been impacted by vides critical services to at-risk chil- every child a permanent home. The act radiation exposure and all of us want dren. imposed new time frames for States to to do everything we possibly can to be The reality is that many thousands consider adoption. Since then, adop- helpful to them. of children in our country are at risk tions from foster care have almost dou- I have met with many RECA claim- because they are neglected or abused bled. But these families need support ants in my State. It does not take long by parents or because they are trapped to address the special needs of these to see the pain and suffering they have in the legal limbo that denies them children. Currently, there are over endured over the years. This is pain their chance to be adopted. Over a half- 800,000 children in foster care. About 1 and suffering, I might add, that have million children go to bed each night million cases of abuse and neglect are taken a toll on their lives and the lives in homes that are not their own. substantiated each year. of their families as well. Most of these We have an obligation to these chil- In my State of West Virginia, the individuals are now retired; they live dren. We have an obligation to protect number of adoptions are increasing, on modest incomes and fear their de- these innocent lives. but the statistics on abuse and neglect clining health will only exacerbate The Safe and Stable Families pro- of children remain stubbornly high. their limited family finances. Many gram is there for these children. The New funding will enable my State and have lost fathers, mothers, sisters, and funding provided to the States through every State to expand their programs brothers due to radiation exposure. We this legislation is used for four cat- for adoption, family support, family cannot forget these brave Americans. egories of services: family preserva- preservation, and help to families in It is for these reasons that this tion, community-based family support, foster care. amendment is so important—it will not time-limited family reunification, and Our goal is to secure new invest- only provide valuable assistance to adoption promotion and support. ments in the Safe and Stable Families those who have been exposed to radi- These services are designed to pre- Program to help these vulnerable chil- ation exposure, it will also review cur- vent child abuse and neglect in com- dren. I truly appreciate the coopera- rent data to ensure that all of those munities at risk, avoid the removal of tion and support of Senators HARKIN who have been impacted will be ade- children from their homes, and support and SPECTER in accepting our amend- quately compensated. I cannot tell you timely reunification or adoption. And, ment to provide new funding for this how many times I have talked to con- quite candidly, Promoting Safe and worthy cause. Chairman HARKIN and stituents who don’t understand why Stable Families is a very important Ranking Member SPECTER have a very their cancer is not currently covered source of funding for post-adoption hard task in overseeing the Labor- under the RECA law. They don’t under- services. HHS-Education appropriations bill. stand why living in one county allows With a nearly 40 percent increase in Balancing all the needs within their ju- RECA compensation but living in an- the number of adoptions since the im- risdiction, including health care, edu- other county, sometimes as close as plementation of the Adoption and Safe cation, worker safety, and other issues three miles away, prohibits them from Families Act, funding for adoption pro- is a very difficult task, but a task they being compensated as a RECA victim. I motion and support services is espe- manage each year with skill and fair- want to make sure we are using the cially vital. In Baltimore, MD, for ex- ness. Their deep concern and compas- best science possible to provide an- ample, 5 years ago, there were only 160 sion for children is well-known, and swers to these important questions. adoptions. So far this year, 514 adop- their willingness to work with Senator The National Research Council rec- tions have been finalized. Such in- DEWINE and me further highlights ommendations will help answer these creases demonstrate the need for these their commitment to some of the most questions to the best of our ability services and the necessity for these vulnerable children, those suffering based on all current scientific data. services to ensure that the adoptions from abuse and neglect. I am truly Again, I wish to express my gratitude are not disrupted, which risks further grateful for their leadership and sup- to my colleagues who serve on the Ap- traumatizing a child. port. propriations Committee, especially Again, I thank my colleagues for in- Things have changed dramatically in Senator HARKIN and Senator SPECTER, creasing the current Senate funding our country and in the Congress. We

VerDate 06-NOV-2001 00:36 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.003 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11457 need to respond to the new challenges Language supporting the Wheeling care needs of the uninsured was not in- and the new fiscal issues. But the needs Jesuit University NASA Center for cluded in the Labor-HHS appropria- of abused and neglected children re- Educational Technologies to provide tions bill which we passed today. Now, main, and we also need to be sensitive technology training to all elementary when our public health infrastructure to their problems and their needs. I ap- and secondary West Virginia mathe- must be stronger than ever before, it is preciate the support from my col- matics and science teachers; crucial that we find ways to provide leagues. Language supporting the Missoula care for Americans who lack health in- Mr. MCCAIN. Mr. President, I want Family YMCA in Missoula, MT, to de- surance. to thank both Senator SPECTER and velop the ‘‘Give Me Five’’ after school The Health Community Access Pro- Senator HARKIN for their hard work on program; gram, or H–CAP, would build on the this important legislation which pro- Language supporting the Ellijay successful Community Access Pro- vides federal funding for the Depart- Wildlife Rehabilitation Sanctuary to gram, CAP, demonstration program ments of Labor, DOL, and Health and expand its ecological science education that congress funded last year. CAP Human Services, HHS, and related programs to make them available to has successfully provided grants to agencies. Many of these programs are more students in Georgia; communities to encourage integration even more important as our war on ter- Language supporting Fresno At-Risk among safety net providers of care to rorism is placing this Nation at great Youth Services in California to attack the uninsured. More then 135 commu- risk, particularly on the homefront. To the problem of at-risk youths by co- nities have taken advantage of CAP to protect our survival, we must also en- ordinating the city’s efforts through an improve health care for Americans who sure that adequate support and re- education program coordinator; lack health insurance. sources are provided to protect our Language supporting the Northeast H–CAP allows communities them- citizens at home as well as adequately and Islands Regional Educational Lab- selves to design solutions for their funding our defense programs nec- oratory at Brown University to run a unique safety-net needs, thus ensuring essary for engaging in this war. Website called Knowledge Loom; and that the billions of dollars that Con- I am pleased to see increased funding Language supporting the Flint Area gress has already invested in different for many programs, many that are of Chamber of Commerce in Michigan to safety net providers, community an increased importance in light of our establish an ‘‘e-mentoring’’ program health centers, family planning clinics, Nation’s war on terrorism. This in- designed to create a partnership be- Ryan White AIDS providers, are spent cludes an increase in funding for bio- tween employers and students. as effectively as possible. By pro- terrorism activities and ensuring that The bill also includes recommenda- moting the integration of health care our nation’s public health infrastruc- tion language that encourages the De- services, H–CAP allow for more preven- ture is given the highest priority and partment of Labor to consider sup- tive care, and good disease manage- strengthened considerably. This fund- porting certain projects or institu- ment practices that improve overall ing is critical for our States, localities tions. Examples include: health in the long-run and may reduce and our nation as a whole, to ensure Good Faith Fund of the Arkansas En- the incidence of serious and expensive that substantial investments and im- terprise Group in Arkadelphia, AR; health problems among H–CAP recipi- provements are made in our public Las Vegas Culinary Training Center; ents later. And because grant recipi- health infrastructure so we can readily Western Alaska workforce training ents must demonstrate that their respond to our current situation and initiative; project will be sustainable without potentially future threats as well. Oregon Institute of Technology; and Federal funding, many communities There is funding to ensure our Na- UNLV Center for Workforce Develop- have successfully found support tion’s food supply remains safe and re- ment and Occupational Research. through public and private matching sources for helping meet the health While each of these programs may donations, in-kind contributions, thus care needs of the uninsured—many who deserve funding, it is disturbing that ensuring a relatively small Federal in- may now be unemployed due to the these funds are specifically earmarked vestment. horrific events of September 11th. In and not subject to the competitive I have worked hard this year with this time of war, we must ensure that grant process. But there are other job several of my colleagues to perma- adequate resources are available for training facilities, health organiza- nently authorize CAP so that it will re- ceive regular funding and support from treating and preventing potential tions, and educational sites in America the Federal Government. I also offered health threats. In addition to funding that need financial aid for their par- an amendment during committee key public health programs, this bill ticular programs and are not fortunate markup to ensure that this program provides funds for helping States and enough to have an advocate in the ap- would be authorized at an adequate local communities educate our chil- propriations process to ensure that level. dren. Furthermore, it provides the nec- their funding is earmarked in this bill. Unfortunately, funding for H–CAP essary funds for supporting our sci- There are many important programs was left out of this bill. I am pleased entists dedicated to finding treat- impacting the labor force, health and that the House did include H–CAP in ments, if not cures, for many illnesses, education of our nation that depend on their bill, which they funded at $105 including Parkinson’s, Alzheimer’s and the support in this bill. However, we million, with an additional $15 million ALS. This bill even provides funds for have diluted the positive impact of for State planning grants. It is my ensuring our nation’s most vulner- these programs by siphoning away hope that the Senate will include H– able—children, senior citizens and the funds for specific projects or commu- CAP in the managers’ package, or that disabled—have access to quality health nities that have ardent advocates in this will be resolved during conference care. Funds are also provided for im- members on the appropriations com- in the House’s favor. I strongly urge portant programs that assist working mittee. my colleagues to make this program a families needing child care, adult In closing, I urge my colleagues to priority this year. daycare for elderly seniors, and Meals curb our habit of directing hard-earned Mr. SPECTER. Mr. President, before on Wheels. taxpayer dollars to locality-specific we go to the vote, I ask to be recog- I applaud the appropriators for in- special interests which thwarts the nized. cluding very few specific funding ear- very process that is needed to ensure The PRESIDING OFFICER. The Sen- marks, but I am distressed about the our laws address the concerns and in- ator from Pennsylvania. extensive list of directives that have terests of all Americans, not just a few Mr. SPECTER. Mr. President, I been included. It is apparent that the who seek special protection or advan- thank my distinguished colleague, the many directives and recommendation tage. chairman of the subcommittee, for his language camouflages the number of Mr. President, thank you and I yield extraordinary vote on this bill. I note specific projects that are given special the floor. for the record the speed with which we consideration and bypassing the appro- Mrs. CLINTON. Mr. President, I rise passed this bill and the concessions priate competitive funding process. Ex- to express my dismay that a very im- which were made by quite a few Sen- amples of this language include: portant program to address the health ators to take complicated matters off

VerDate 06-NOV-2001 01:10 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.013 pfrm04 PsN: S06PT1 S11458 CONGRESSIONAL RECORD — SENATE November 6, 2001 this bill. We put aside the stem cell tion and the Senate return to legisla- Grassley Leahy Santorum Gregg Levin Sarbanes issue which I very much wanted to tive session. Hagel Lieberman Schumer have resolved. We did so in the interest The PRESIDING OFFICER. Without Harkin Lincoln Shelby of concluding this bill. We have already objection, it is so ordered. Hatch Lott Smith (OR) started the conferencing issues with Hollings Lugar Snowe UNANIMOUS CONSENT AGREEMENT—H.R. 2944 Hutchinson McCain Specter both staffs meeting early tomorrow The PRESIDING OFFICER. The Sen- Hutchison McConnell Stabenow afternoon and Members meeting a lit- ator from Nevada. Inhofe Mikulski Stevens tle later tomorrow afternoon. Mr. REID. Mr. President, I ask unan- Inouye Murkowski Thomas From our experience in the past, we Jeffords Murray Thompson imous consent that following the sec- Johnson Nelson (FL) Thurmond have seen how difficult it is to con- ond vote in this series; that is, the ju- Kennedy Nelson (NE) Torricelli ference this bill, so we are moving dicial nomination, the Senate Appro- Kerry Reed Warner right ahead, and it would be my hope, Kohl Reid Wellstone priations Committee be discharged Kyl Roberts Wyden with the example we have set with this from consideration of H.R. 2944, the Landrieu Rockefeller complicated appropriations bill—on D.C. appropriations bill; that the Sen- NAYS—10 time, with people withdrawing matters ate then proceed to its consideration; to try to expedite the process—that we Allard Gramm Smith (NH) that immediately after the bill is re- Bunning Helms Voinovich would move ahead and complete our ported, the majority manager or her Feingold Nickles work by November 16, which is when designee be recognized to offer the Sen- Fitzgerald Sessions we should finish, and we can go home ate committee-reported bill as a sub- NOT VOTING—1 and take care of business in our States. stitute amendment; that the amend- Miller I yield the floor. ment be considered agreed to and the The PRESIDING OFFICER. The Sen- The bill (H.R. 3061), as amended, was motion to reconsider be laid upon the passed, as follows: ator from Nevada. table; and that the bill as amended be Mr. REID. Mr. President, I yield to Resolved, That the bill from the House of considered as original text for the pur- Representatives (H.R. 3061) entitled ‘‘An Act my friend from Iowa. pose of further amendment, with no The PRESIDING OFFICER. The Sen- making appropriations for the Departments points of order being waived by this of Labor, Health and Human Services, and ator from Iowa. agreement. Education, and related agencies for the fiscal Mr. HARKIN. Mr. President, I thank The PRESIDING OFFICER. Without year ending September 30, 2002, and for other the Senator for yielding. I want to re- objection, it is so ordered. purposes.’’, do pass with the following spond in kind to my good friend and amendment: ranking member, Senator SPECTER, and f Strike out all after the enacting clause and thank him and thank all of his staff for insert: a very great working relationship that DEPARTMENTS OF LABOR, That the following sums are appropriated, out we have had over many years, espe- HEALTH AND HUMAN SERVICES, of any money in the Treasury not otherwise ap- cially this year. AND EDUCATION, AND RELATED propriated, for the Departments of Labor, Health and Human Services, and Education, We have completed our bill in pretty AGENCIES APPROPRIATIONS ACT, 2002—Continued and related agencies for the fiscal year ending good time. Now we have to go to con- September 30, 2002, and for other purposes, ference. I am convinced we can have a Mr. REID. Mr. President, for Mem- namely: decent conference and get this bill bers, we are going to have two rollcall TITLE I—DEPARTMENT OF LABOR back, as Senator SPECTER said, so we votes now, followed by taking up the EMPLOYMENT AND TRAINING ADMINISTRATION will have it done before we go home for next to the last appropriations bill of TRAINING AND EMPLOYMENT SERVICES Thanksgiving. So I again thank Sen- this year, the D.C. appropriations bill. For necessary expenses of the Workforce In- ator SPECTER and his staff for a great Have the yeas and nays been ordered? vestment Act, including the purchase and hire working relationship. I especially The PRESIDING OFFICER. The yeas of passenger motor vehicles, the construction, thank all of the staff: Bettilou Taylor, and nays have been ordered. The ques- alteration, and repair of buildings and other fa- Mary Dietrich, Sudip Parick, and tion is on the engrossment of the cilities, and the purchase of real property for Emma Ashburn. I also thank Ellen amendments and third reading of the training centers as authorized by the Workforce Murray, Jim Sourwine, Erik Fatemi, Investment Act and the National Skill Stand- bill. ards Act of 1994; $3,070,281,000 plus reimburse- Mark Laisch, Adam Gluck, Adrienne The amendments were ordered to be ments, of which $1,670,941,000 is available for Hallett, Lisa Bernhardt, and Carol engrossed and the bill to be read a obligation for the period July 1, 2002 through Geagley. A lot of them put in a lot of third time. June 30, 2003; of which $1,377,965,000 is available hours early this year putting this bill The bill was read the third time. for obligation for the period April 1, 2002 together. The PRESIDING OFFICER. The bill through June 30, 2003, including $1,127,965,000 We have a great bill. It meets the having been read the third time, the to carry out chapter 4 of the Workforce Invest- needs of Americans and labor, health question is, Shall the bill pass? ment Act and $250,000,000 to carry out section and human services, education, and 169 of such Act; of which $3,500,000 is available The clerk will call the roll. for obligation October 1, 2001 until expended for biomedical research. We have met our The bill clerk called the roll. carrying out the National Skills Standards Act obligations. This is the bill that helps Mr. REID. I announce that the Sen- of 1994; and of which $20,375,000 is available for lift up all Americans, helps address the ator from Georgia (Mr. MILLER) is nec- the period July 1, 2002 through June 30, 2005 for needs of our human infrastructure in essarily absent. necessary expenses of construction, rehabilita- this country, and I believe we have met The PRESIDING OFFICER. Are there tion, and acquisition of Job Corps centers: Pro- that obligation to the people of this any other Senators in the Chamber de- vided, That $9,098,000 shall be for carrying out country in this bill. siring to vote? section 172 of the Workforce Investment Act: I thank the Senator for yielding me Provided further, That funding provided herein The result was announced—yeas 89, for carrying out Dislocated Worker Employment this time. nays 10, as follows: and Training Activities under the Workforce In- f [Rollcall Vote No. 324 Leg.] vestment Act shall include $402,000,000 under ORDER OF PROCEDURE YEAS—89 section 132(a)(2)(B) of the Act, and $87,000,000 under section 132(a)(2)(A) of the Act: Provided Akaka Campbell Daschle UNANIMOUS CONSENT AGREEMENT—EXECUTIVE Allen Cantwell Dayton further, That, notwithstanding any other provi- CALENDAR Baucus Carnahan DeWine sion of law or related regulation, $80,770,000 Mr. REID. Mr. President, I ask unan- Bayh Carper Dodd shall be for carrying out section 167 of the imous consent that upon disposition of Bennett Chafee Domenici Workforce Investment Act, including $74,751,000 Biden Cleland Dorgan for formula grants, $5,000,000 for migrant and the Labor-HHS bill, the Senate proceed Bingaman Clinton Durbin to executive session to consider Execu- seasonal housing, and $1,019,000 for other dis- Bond Cochran Edwards cretionary purposes: Provided further, That Boxer Collins Ensign tive Calendar No. 512, that we vote im- funding provided herein under section 166 of the mediately, and that upon disposition of Breaux Conrad Enzi Brownback Corzine Feinstein Workforce Investment Act shall include the nomination, the President be im- Burns Craig Frist $1,711,000 for use under section 166(j)(1) of the mediately notified of the Senate’s ac- Byrd Crapo Graham Act: Provided further, That funds provided to

VerDate 06-NOV-2001 02:06 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 6333 E:\CR\FM\G06NO6.018 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11459 carry out section 171(d) of the Workforce Invest- for fiscal year 2002 is projected by the Depart- Provided further, That expenses of such Cor- ment Act may be used for demonstration projects ment of Labor to exceed 2,622,000, an additional poration in connection with the termination of that provide assistance to new entrants in the $28,600,000 shall be available for obligation for pension plans, for the acquisition, protection or workforce and incumbent workers: Provided fur- every 100,000 increase in the AWIU level (in- management, and investment of trust assets, ther, That funding appropriated herein for Dis- cluding a pro rata amount for any increment and for benefits administration services shall be located Worker Employment and Training Ac- less than 100,000) from the Employment Security considered as non-administrative expenses for tivities under section 132(a)(2)(A) of the Work- Administration Account of the Unemployment the purposes hereof, and excluded from the force Investment Act may be distributed for Dis- Trust Fund: Provided further, That funds ap- above limitation. located Worker Projects under section 171(d) of propriated in this Act which are used to estab- EMPLOYMENT STANDARDS ADMINISTRATION the Act without regard to the 10 percent limita- lish a national one-stop career center system, or tion contained in section 171(d) of the Act: Pro- which are used to support the national activities SALARIES AND EXPENSES vided further, That no funds from any other ap- of the Federal-State unemployment insurance For necessary expenses for the Employment propriation shall be used to provide meal serv- programs, may be obligated in contracts, grants Standards Administration, including reimburse- ices at or for Job Corps centers. or agreements with non-State entities: Provided ment to State, Federal, and local agencies and For necessary expenses of the Workforce In- further, That funds appropriated under this Act their employees for inspection services rendered, vestment Act, including the purchase and hire for activities authorized under the Wagner- $375,164,000, together with $1,981,000 which may of passenger motor vehicles, the construction, Peyser Act, as amended, and title III of the So- be expended from the Special Fund in accord- alteration, and repair of buildings and other fa- cial Security Act, may be used by the States to ance with sections 39(c), 44(d) and 44(j) of the cilities, and the purchase of real property for fund integrated Employment Service and Unem- Longshore and Harbor Workers’ Compensation training centers as authorized by the Workforce ployment Insurance automation efforts, not- Act: Provided, That $2,000,000 shall be for the Investment Act; $2,463,000,000 plus reimburse- withstanding cost allocation principles pre- development of an alternative system for the ments, of which $2,363,000,000 is available for scribed under Office of Management and Budget electronic submission of reports required to be obligation for the period October 1, 2002 through Circular A–87: Provided further, That notwith- filed under the Labor-Management Reporting June 30, 2003, and of which $100,000,000 is avail- standing any other provisions of law, the por- and Disclosure Act of 1959, as amended, and for able for the period October 1, 2002 through June tion of the funds received by the State of Mis- a computer database of the information for each 30, 2005, for necessary expenses of construction, sissippi in the settlement of litigation with a submission by whatever means, that is indexed rehabilitation, and acquisition of Job Corps cen- contractor relating to the acquisition of an and easily searchable by the public via the ters: Provided, That funding provided herein for automated system for benefit payments under Internet: Provided further, That the Secretary carrying out Dislocated Worker Employment the unemployment compensation program that of Labor is authorized to accept, retain, and and Training Activities under the Workforce In- is attributable to the expenditure of Federal spend, until expended, in the name of the De- vestment Act shall include $880,800,000 under grant funds awarded to the State shall be trans- partment of Labor, all sums of money ordered to section 132(a)(2)(B) of the Act, and $179,200,000 ferred to the account under this heading and be paid to the Secretary of Labor, in accordance under section 132(a)(2)(A) of the Act. shall be made available by the Department of with the terms of the Consent Judgment in Civil COMMUNITY SERVICE EMPLOYMENT FOR OLDER Labor to the State of Mississippi for obligation Action No. 91–0027 of the United States District AMERICANS by the State through fiscal year 2004 to carry Court for the District of the Northern Mariana To carry out title V of the Older Americans out automation and related activities under the Islands (May 21, 1992): Provided further, That Act of 1965, as amended, $450,000,000. unemployment compensation program. the Secretary of Labor is authorized to establish FEDERAL UNEMPLOYMENT BENEFITS AND ADVANCES TO THE UNEMPLOYMENT TRUST FUND and, in accordance with 31 U.S.C. 3302, collect ALLOWANCES AND OTHER FUNDS and deposit in the Treasury fees for processing applications and issuing certificates under sec- For payments during the current fiscal year of For repayable advances to the Unemployment tions 11(d) and 14 of the Fair Labor Standards trade adjustment benefit payments and allow- Trust Fund as authorized by sections 905(d) and Act of 1938, as amended (29 U.S.C. 211(d) and ances under part I; and for training, allowances 1203 of the Social Security Act, as amended, and 214) and for processing applications and issuing for job search and relocation, and related State to the Black Lung Disability Trust Fund as au- registrations under title I of the Migrant and administrative expenses under part II, sub- thorized by section 9501(c)(1) of the Internal Seasonal Agricultural Worker Protection Act (29 chapters B and D, chapter 2, title II of the Revenue Code of 1954, as amended; and for non- U.S.C. 1801 et seq.). Trade Act of 1974, as amended, $415,650,000, to- repayable advances to the Unemployment Trust gether with such amounts as may be necessary Fund as authorized by section 8509 of title 5, SPECIAL BENEFITS to be charged to the subsequent appropriation United States Code, and to the ‘‘Federal unem- (INCLUDING TRANSFER OF FUNDS) for payments for any period subsequent to Sep- ployment benefits and allowances’’ account, to For the payment of compensation, benefits, tember 15 of the current year. remain available until September 30, 2003, and expenses (except administrative expenses) STATE UNEMPLOYMENT INSURANCE AND $464,000,000. accruing during the current or any prior fiscal EMPLOYMENT SERVICE OPERATIONS In addition, for making repayable advances to year authorized by title 5, chapter 81 of the For authorized administrative expenses, the Black Lung Disability Trust Fund in the United States Code; continuation of benefits as $191,452,000, together with not to exceed current fiscal year after September 15, 2002, for provided for under the heading ‘‘Civilian War $3,238,886,000 (including not to exceed $1,228,000 costs incurred by the Black Lung Disability Benefits’’ in the Federal Security Agency Ap- which may be used for amortization payments to Trust Fund in the current fiscal year, such sums propriation Act, 1947; the Employees’ Compensa- States which had independent retirement plans as may be necessary. tion Commission Appropriation Act, 1944; sec- in their State employment service agencies prior PROGRAM ADMINISTRATION tions 4(c) and 5(f) of the War Claims Act of 1948 to 1980), which may be expended from the Em- For expenses of administering employment (50 U.S.C. App. 2012); and 50 percent of the ad- ployment Security Administration account in and training programs, $112,571,000, including ditional compensation and benefits required by the Unemployment Trust Fund including the $5,903,000 to administer welfare-to-work grants, section 10(h) of the Longshore and Harbor cost of administering section 51 of the Internal together with not to exceed $48,507,000, which Workers’ Compensation Act, as amended, Revenue Code of 1986, as amended, section 7(d) may be expended from the Employment Security $121,000,000 together with such amounts as may of the Wagner-Peyser Act, as amended, the Administration account in the Unemployment be necessary to be charged to the subsequent Trade Act of 1974, as amended, the Immigration Trust Fund. year appropriation for the payment of com- Act of 1990, and the Immigration and Nation- PENSION AND WELFARE BENEFITS pensation and other benefits for any period sub- ality Act, as amended, and of which the sums ADMINISTRATION sequent to August 15 of the current year: Pro- available in the allocation for activities author- vided, That amounts appropriated may be used SALARIES AND EXPENSES ized by title III of the Social Security Act, as under section 8104 of title 5, United States Code, For necessary expenses for the Pension and amended (42 U.S.C. 502–504), and the sums by the Secretary of Labor to reimburse an em- Welfare Benefits Administration, $112,418,000. available in the allocation for necessary admin- ployer, who is not the employer at the time of istrative expenses for carrying out 5 U.S.C. 8501– PENSION BENEFIT GUARANTY CORPORATION injury, for portions of the salary of a reem- 8523, shall be available for obligation by the PENSION BENEFIT GUARANTY CORPORATION FUND ployed, disabled beneficiary: Provided further, States through December 31, 2002, except that The Pension Benefit Guaranty Corporation is That balances of reimbursements unobligated on funds used for automation acquisitions shall be authorized to make such expenditures, includ- September 30, 2001, shall remain available until available for obligation by the States through ing financial assistance authorized by section expended for the payment of compensation, ben- September 30, 2004; and of which $191,452,000, 104 of Public Law 96–364, within limits of funds efits, and expenses: Provided further, That in together with not to exceed $773,283,000 of the and borrowing authority available to such Cor- addition there shall be transferred to this appro- amount which may be expended from said trust poration, and in accord with law, and to make priation from the Postal Service and from any fund, shall be available for obligation for the such contracts and commitments without regard other corporation or instrumentality required period July 1, 2002 through June 30, 2003, to to fiscal year limitations as provided by section under section 8147(c) of title 5, United States fund activities under the Act of June 6, 1933, as 104 of the Government Corporation Control Act, Code, to pay an amount for its fair share of the amended, including the cost of penalty mail au- as amended (31 U.S.C. 9104), as may be nec- cost of administration, such sums as the Sec- thorized under 39 U.S.C. 3202(a)(1)(E) made essary in carrying out the program through Sep- retary determines to be the cost of administra- available to States in lieu of allotments for such tember 30, 2002, for such Corporation: Provided, tion for employees of such fair share entities purpose: Provided, That to the extent that the That not to exceed $11,690,000 shall be available through September 30, 2002: Provided further, Average Weekly Insured Unemployment (AWIU) for administrative expenses of the Corporation: That of those funds transferred to this account

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 6333 E:\CR\FM\A06NO6.046 pfrm04 PsN: S06PT1 S11460 CONGRESSIONAL RECORD — SENATE November 6, 2001 from the fair share entities to pay the cost of ad- accordance with the provisions of 29 U.S.C. 9a, to promote health and safety education and ministration of the Federal Employees’ Com- to administer national and international labora- training in the mining community through coop- pensation Act, $36,696,000 shall be made avail- tory recognition programs that ensure the safety erative programs with States, industry, and able to the Secretary as follows: (1) for the oper- of equipment and products used by workers in safety associations; and any funds available to ation of and enhancement to the automated the workplace: Provided further, That none of the department may be used, with the approval data processing systems, including document im- the funds appropriated under this paragraph of the Secretary, to provide for the costs of mine aging and conversion to a paperless office, shall be obligated or expended to prescribe, rescue and survival operations in the event of a $24,522,000; (2) for medical bill review and peri- issue, administer, or enforce any standard, rule, major disaster. odic roll management, $11,474,000; (3) for com- regulation, or order under the Occupational BUREAU OF LABOR STATISTICS munications redesign, $700,000; and (4) the re- Safety and Health Act of 1970 which is applica- SALARIES AND EXPENSES maining funds shall be paid into the Treasury ble to any person who is engaged in a farming For necessary expenses for the Bureau of as miscellaneous receipts: Provided further, operation which does not maintain a temporary Labor Statistics, including advances or reim- That the Secretary may require that any person labor camp and employs 10 or fewer employees: bursements to State, Federal, and local agencies filing a notice of injury or a claim for benefits Provided further, That no funds appropriated and their employees for services rendered, under chapter 81 of title 5, United States Code, under this paragraph shall be obligated or ex- $396,588,000, together with not to exceed or 33 U.S.C. 901 et seq., provide as part of such pended to administer or enforce any standard, $69,132,000, which may be expended from the notice and claim, such identifying information rule, regulation, or order under the Occupa- Employment Security Administration account in (including Social Security account number) as tional Safety and Health Act of 1970 with re- the Unemployment Trust Fund; and $10,280,000 such regulations may prescribe. spect to any employer of 10 or fewer employees which shall be available for obligation for the who is included within a category having an oc- ENERGY EMPLOYEES OCCUPATIONAL ILLNESS period July 1, 2002 through June 30, 2003, for cupational injury lost workday case rate, at the COMPENSATION FUND Occupational Employment Statistics. (INCLUDING TRANSFER OF FUNDS) most precise Standard Industrial Classification DEPARTMENTAL MANAGEMENT For necessary expenses to administer the En- Code for which such data are published, less ergy Employees Occupational Illness Compensa- than the national average rate as such rates are SALARIES AND EXPENSES tion Act, $136,000,000, to remain available until most recently published by the Secretary, acting For necessary expenses for Departmental expended: Provided, That the Secretary of through the Bureau of Labor Statistics, in ac- Management, including the hire of three sedans, Labor is authorized to transfer to any Executive cordance with section 24 of that Act (29 U.S.C. and including the management or operation, agency with authority under the Energy Em- 673), except— through contracts, grants or other arrangements ployees Occupational Illness Compensation Act, (1) to provide, as authorized by such Act, con- of Departmental bilateral and multilateral for- including within the Department of Labor, such sultation, technical assistance, educational and eign technical assistance, and $37,000,000 for the sums as may be necessary in fiscal year 2002 to training services, and to conduct surveys and acquisition of Departmental information tech- carry out those authorities: Provided further, studies; nology, architecture, infrastructure, equipment, (2) to conduct an inspection or investigation That the Secretary may require that any person software and related needs which will be allo- in response to an employee complaint, to issue a filing a claim for benefits under the Act provide cated by the Department’s Chief Information citation for violations found during such inspec- as part of such claim, such identifying informa- Officer in accordance with the Department’s tion, and to assess a penalty for violations tion (including Social Security account number) capital investment management process to as- which are not corrected within a reasonable as may be prescribed. sure a sound investment strategy; $361,524,000; abatement period and for any willful violations together with not to exceed $310,000, which may BLACK LUNG DISABILITY TRUST FUND found; be expended from the Employment Security Ad- (INCLUDING TRANSFER OF FUNDS) (3) to take any action authorized by such Act ministration account in the Unemployment In fiscal year 2002, such sums as may be nec- with respect to imminent dangers; Trust Fund: Provided, That no funds made essary from the Black Lung Disability Trust (4) to take any action authorized by such Act available by this Act may be used by the Solic- Fund, to remain available until expended, for with respect to health hazards; itor of Labor to participate in a review in any payment of all benefits authorized by section (5) to take any action authorized by such Act United States court of appeals of any decision 9501(d) (1), (2), (4), and (7), of the Internal Rev- with respect to a report of an employment acci- made by the Benefits Review Board under sec- enue Code of 1954, as amended; and interest on dent which is fatal to one or more employees or tion 21 of the Longshore and Harbor Workers’ advances as authorized by section 9501(c)(2) of which results in hospitalization of two or more Compensation Act (33 U.S.C. 921) where such that Act. In addition, the following amounts employees, and to take any action pursuant to participation is precluded by the decision of the shall be available from the Fund for fiscal year such investigation authorized by such Act; and United States Supreme Court in Director, Office 2002 for expenses of operation and administra- (6) to take any action authorized by such Act of Workers’ Compensation Programs v. Newport tion of the Black Lung Benefits program as au- with respect to complaints of discrimination News Shipbuilding, 115 S. Ct. 1278 (1995), not- thorized by section 9501(d)(5) of that Act: against employees for exercising rights under withstanding any provisions to the contrary $31,558,000 for transfer to the Employment such Act: contained in Rule 15 of the Federal Rules of Ap- Standards Administration, ‘‘Salaries and Ex- Provided further, That the foregoing proviso pellate Procedure: Provided further, That no penses’’; $22,590,000 for transfer to Depart- shall not apply to any person who is engaged in funds made available by this Act may be used mental Management, ‘‘Salaries and Expenses’’; a farming operation which does not maintain a by the Secretary of Labor to review a decision $328,000 for transfer to Departmental Manage- temporary labor camp and employs 10 or fewer under the Longshore and Harbor Workers’ Com- ment, ‘‘Office of Inspector General’’; and employees. pensation Act (33 U.S.C. 901 et seq.) that has $356,000 for payments into miscellaneous re- MINE SAFETY AND HEALTH ADMINISTRATION been appealed and that has been pending before ceipts for the expenses of the Department of SALARIES AND EXPENSES the Benefits Review Board for more than 12 Treasury. For necessary expenses for the Mine Safety months: Provided further, That any such deci- OCCUPATIONAL SAFETY AND HEALTH and Health Administration, $256,093,000, includ- sion pending a review by the Benefits Review ADMINISTRATION ing purchase and bestowal of certificates and Board for more than 1 year shall be considered SALARIES AND EXPENSES trophies in connection with mine rescue and affirmed by the Benefits Review Board on the 1- For necessary expenses for the Occupational first-aid work, and the hire of passenger motor year anniversary of the filing of the appeal, and Safety and Health Administration, $450,262,000, vehicles; including up to $1,000,000 for mine res- shall be considered the final order of the Board including not to exceed $92,119,000 which shall cue and recovery activities, which shall be for purposes of obtaining a review in the United be the maximum amount available for grants to available only to the extent that fiscal year 2002 States courts of appeals: Provided further, That States under section 23(g) of the Occupational obligations for these activities exceed $1,000,000; these provisions shall not be applicable to the Safety and Health Act, which grants shall be no in addition, not to exceed $750,000 may be col- review or appeal of any decision issued under less than 50 percent of the costs of State occupa- lected by the National Mine Health and Safety the Black Lung Benefits Act (30 U.S.C. 901 et tional safety and health programs required to be Academy for room, board, tuition, and the sale seq.). incurred under plans approved by the Secretary of training materials, otherwise authorized by OFFICE OF DISABILITY EMPLOYMENT POLICY under section 18 of the Occupational Safety and law to be collected, to be available for mine safe- For necessary expenses of the Office of Dis- Health Act of 1970; and, in addition, notwith- ty and health education and training activities, ability Employment Policy to provide leadership, standing 31 U.S.C. 3302, the Occupational Safe- notwithstanding 31 U.S.C. 3302; and, in addi- develop policy and initiatives, and award grants ty and Health Administration may retain up to tion, the Mine Safety and Health Administra- furthering the objective of eliminating barriers $750,000 per fiscal year of training institute tion may retain up to $1,000,000 from fees col- to the training and employment of people with course tuition fees, otherwise authorized by law lected for the approval and certification of disabilities, $43,263,000, of which not to exceed to be collected, and may utilize such sums for equipment, materials, and explosives for use in $2,640,000 shall be for the President’s Task Force occupational safety and health training and mines, and may utilize such sums for such ac- on the Employment of Adults with Disabilities. education grants: Provided, That, notwith- tivities; the Secretary is authorized to accept VETERANS EMPLOYMENT AND TRAINING standing 31 U.S.C. 3302, the Secretary of Labor lands, buildings, equipment, and other contribu- Not to exceed $186,903,000 may be derived from is authorized, during the fiscal year ending Sep- tions from public and private sources and to the Employment Security Administration ac- tember 30, 2002, to collect and retain fees for prosecute projects in cooperation with other count in the Unemployment Trust Fund to carry services provided to Nationally Recognized Test- agencies, Federal, State, or private; the Mine out the provisions of 38 U.S.C. 4100–4110A, 4212, ing Laboratories, and may utilize such sums, in Safety and Health Administration is authorized 4214, and 4321–4327, and Public Law 103–353,

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 6333 E:\CR\FM\A06NO6.046 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11461 and which shall be available for obligation by Gillis W. Long Hansen’s Disease Center: Pro- pended: Provided, That for necessary adminis- the States through December 31, 2002. To carry vided further, That in addition to fees author- trative expenses, not to exceed $2,992,000 shall out the Stewart B. McKinney Homeless Assist- ized by section 427(b) of the Health Care Quality be available from the Trust Fund to the Sec- ance Act and section 168 of the Workforce In- Improvement Act of 1986, fees shall be collected retary of Health and Human Services. vestment Act of 1998, $26,800,000, of which for the full disclosure of information under the CENTERS FOR DISEASE CONTROL AND $7,800,000 shall be available for obligation for Act sufficient to recover the full costs of oper- PREVENTION the period July 1, 2002, through June 30, 2003. ating the National Practitioner Data Bank, and OFFICE OF INSPECTOR GENERAL shall remain available until expended to carry DISEASE CONTROL, RESEARCH, AND TRAINING For salaries and expenses of the Office of In- out that Act: Provided further, That fees col- To carry out titles II, III, VII, XI, XV, XVII, spector General in carrying out the provisions of lected for the full disclosure of information XIX and XXVI of the Public Health Service Act, the Inspector General Act of 1978, as amended, under the ‘‘Health Care Fraud and Abuse Data sections 101, 102, 103, 201, 202, 203, 301, and 501 $52,182,000, together with not to exceed Collection Program,’’ authorized by section of the Federal Mine Safety and Health Act of $4,951,000, which may be expended from the Em- 1128E(d)(2) of the Social Security Act, shall be 1977, sections 20, 21, and 22 of the Occupational ployment Security Administration account in sufficient to recover the full costs of operating Safety and Health Act, of 1970, title IV of the the Unemployment Trust Fund. the program, and shall remain available until Immigration and Nationality Act and section GENERAL PROVISIONS expended to carry out that Act: Provided fur- 501 of the Refugee Education Assistance Act of ther, That no more than $5,000,000 is available 1980; including insurance of official motor vehi- SEC. 101. None of the funds appropriated in for carrying out the provisions of Public Law cles in foreign countries; and hire, maintenance, this title for the Job Corps shall be used to pay 104–73: Provided further, That of the funds and operation of aircraft, $4,418,910,000, of the compensation of an individual, either as di- made available under this heading, $266,000,000 which $250,000,000 shall remain available until rect costs or any proration as an indirect cost, shall be for the program under title X of the expended for equipment and construction and at a rate in excess of Executive Level II. Public Health Service Act to provide for vol- renovation of facilities, and in addition, such (TRANSFER OF FUNDS) untary family planning projects: Provided fur- sums as may be derived from authorized user SEC. 102. Not to exceed 1 percent of any discre- ther, That amounts provided to said projects fees, which shall be credited to this account, of tionary funds (pursuant to the Balanced Budget under such title shall not be expended for abor- which $52,000,000 shall remain available until and Emergency Deficit Control Act of 1985, as tions, that all pregnancy counseling shall be expended for the National Pharmaceutical amended) which are appropriated for the cur- nondirective, and that such amounts shall not Stockpile, and of which $154,527,000 for inter- rent fiscal year for the Department of Labor in be expended for any activity (including the pub- national HIV/AIDS programs shall remain this Act may be transferred between appropria- lication or distribution of literature) that in any available until September 30, 2003: Provided, tions, but no such appropriation shall be in- way tends to promote public support or opposi- That $126,978,000 shall be available to carry out creased by more than 3 percent by any such tion to any legislative proposal or candidate for the National Center for Health Statistics Sur- transfer: Provided, That the Appropriations public office: Provided further, That $610,000,000 veys: Provided further, That none of the funds Committees of both Houses of Congress are noti- shall be for State AIDS Drug Assistance Pro- made available for injury prevention and con- fied at least 15 days in advance of any transfer. grams authorized by section 2616 of the Public trol at the Centers for Disease Control and Pre- SEC. 103. It is the sense of the Senate that Health Service Act: Provided further, That of vention may be used to advocate or promote gun amounts should be appropriated to provide dis- the amount provided for Rural Health Outreach control: Provided further, That the Director located worker employment and training assist- Grants, $12,500,000 shall be available to improve may redirect the total amount made available ance under the Workforce Investment Act to air- access to automatic external defibrillators in under authority of Public Law 101–502, section port career centers (to be located with the Port rural communities. 3, dated November 3, 1990, to activities the Di- Authority of New York and New Jersey) to en- For special projects of regional and national rector may so designate: Provided further, That able such centers to provide services to workers significance under section 501(a)(2) of the Social the Congress is to be notified promptly of any in the airline and related industries (including Security Act, $30,000,000, which shall become such transfer: Provided further, That not to ex- ground transportation and other businesses) available on October 1, 2002, and shall remain ceed $10,000,000 may be available for making who have been dislocated as a result of the Sep- available until September 30, 2003: Provided, grants under section 1509 of the Public Health tember 11, 2001 attack on the World Trade Cen- That such amount shall not be counted toward Service Act to not more than 15 States: Provided ter. compliance with the allocation required in sec- further, That notwithstanding any other provi- SEC. 104. It is the sense of the Senate that tion 502(a)(1) of such Act: Provided further, sion of law, a single contract or related con- amounts should be appropriated to provide That such amount shall be used only for making tracts for development and construction of fa- adult employment and training activities to as- competitive grants to provide abstinence edu- cilities may be employed which collectively in- sist individuals with disabilities from New York cation (as defined in section 510(b)(2) of such clude the full scope of the project: Provided fur- and New Jersey who require vocational rehabili- Act) to adolescents and for evaluations (includ- ther, That the solicitation and contract shall tative services as a result of the September 11, ing longitudinal evaluations) of activities under contain the clause ‘‘availability of funds’’ found 2001 attack on the World Trade Center in order the grants and for Federal costs of admin- at 48 CFR 52.232–18. to permit such individuals to return to work or istering the grants: Provided further, That NATIONAL INSTITUTES OF HEALTH maintain employment. grants shall be made only to public and private This title may be cited as the ‘‘Department of entities which agree that, with respect to an ad- NATIONAL CANCER INSTITUTE Labor Appropriations Act, 2002’’. olescent to whom the entities provide abstinence For carrying out section 301 and title IV of TITLE II—DEPARTMENT OF HEALTH AND education under such grant, the entities will not the Public Health Service Act with respect to HUMAN SERVICES provide to that adolescent any other education cancer, $4,258,516,000. HEALTH RESOURCES AND SERVICES regarding sexual conduct, except that, in the NATIONAL HEART, LUNG, AND BLOOD INSTITUTE ADMINISTRATION case of an entity expressly required by law to For carrying out section 301 and title IV of provide health information or services the ado- HEALTH RESOURCES AND SERVICES the Public Health Service Act with respect to lescent shall not be precluded from seeking For carrying out titles II, III, VII, VIII, X, cardiovascular, lung, and blood diseases, and health information or services from the entity in XII, XIX, and XXVI of the Public Health Serv- blood and blood products, $2,618,966,000. ice Act, section 427(a) of the Federal Coal Mine a different setting than the setting in which the NATIONAL INSTITUTE OF DENTAL AND Health and Safety Act, title V and sections abstinence education was provided: Provided CRANIOFACIAL RESEARCH 1128E and 1820 of the Social Security Act, the further, That the funds expended for such eval- Health Care Quality Improvement Act of 1986, uations may not exceed 3.5 percent of such For carrying out section 301 and title IV of as amended, the Native Hawaiian Health Care amount. the Public Health Service Act with respect to Act of 1988, as amended, the Cardiac Arrest Sur- HEALTH EDUCATION ASSISTANCE LOANS PROGRAM dental disease, $348,767,000. vival Act of 2000, and the Poison Control Center ACCOUNT NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE Enhancement and Awareness Act, Such sums as may be necessary to carry out AND KIDNEY DISEASES $5,496,343,000, of which $10,000,000 shall be the purpose of the program, as authorized by For carrying out section 301 and title IV of available for construction and renovation of title VII of the Public Health Service Act, as the Public Health Service Act with respect to di- health care and other facilities, and of which amended. For administrative expenses to carry abetes and digestive and kidney disease, $25,000,000 from general revenues, notwith- out the guaranteed loan program, including sec- $1,501,476,000. tion 709 of the Public Health Service Act, standing section 1820(j) of the Social Security NATIONAL INSTITUTE OF NEUROLOGICAL $3,792,000. Act, shall be available for carrying out the DISORDERS AND STROKE Medicare rural hospital flexibility grants pro- VACCINE INJURY COMPENSATION PROGRAM TRUST For carrying out section 301 and title IV of gram under section 1820 of such Act: Provided, FUND the Public Health Service Act with respect to That the Division of Federal Occupational For payments from the Vaccine Injury Com- neurological disorders and stroke, $1,352,055,000. Health may utilize personal services contracting pensation Program Trust Fund, such sums as to employ professional management/administra- may be necessary for claims associated with vac- NATIONAL INSTITUTE OF ALLERGY AND tive and occupational health professionals: Pro- cine-related injury or death with respect to vac- INFECTIOUS DISEASES vided further, That of the funds made available cines administered after September 30, 1988, pur- For carrying out section 301 and title IV of under this heading, $250,000 shall be available suant to subtitle 2 of title XXI of the Public the Public Health Service Act with respect to al- until expended for facilities renovations at the Health Service Act, to remain available until ex- lergy and infectious diseases, $2,375,836,000.

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NATIONAL INSTITUTE OF GENERAL MEDICAL nority health and health disparities research, AGENCY FOR HEALTHCARE RESEARCH AND SCIENCES $158,421,000. QUALITY For carrying out section 301 and title IV of JOHN E. FOGARTY INTERNATIONAL CENTER HEALTHCARE RESEARCH AND QUALITY the Public Health Service Act with respect to For carrying out titles III and IX of the Pub- For carrying out the activities at the John E. general medical sciences, $1,753,465,000. lic Health Service Act, $291,245,000, together Fogarty International Center, $57,874,000. NATIONAL INSTITUTE OF CHILD HEALTH AND with amounts received from Freedom of Infor- HUMAN DEVELOPMENT NATIONAL LIBRARY OF MEDICINE mation Act fees, reimbursable and interagency For carrying out section 301 and title IV of For carrying out section 301 and title IV of agreements, and the sale of data, which shall be the Public Health Service Act with respect to the Public Health Service Act with respect to credited to this appropriation and shall remain child health and human development, health information communications, available until expended. $1,123,692,000. $281,584,000, of which $4,000,000 shall be avail- CENTER FOR MEDICARE AND MEDICAID SERVICES NATIONAL EYE INSTITUTE able until expended for improvement of informa- GRANTS TO STATES FOR MEDICAID For carrying out section 301 and title IV of tion systems: Provided, That in fiscal year 2002, For carrying out, except as otherwise pro- the Public Health Service Act with respect to eye the Library may enter into personal services vided, titles XI and XIX of the Social Security diseases and visual disorders, $614,000,000. contracts for the provision of services in facili- Act, $106,821,882,000, to remain available until NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH ties owned, operated, or constructed under the expended. SCIENCES jurisdiction of the National Institutes of Health. For making, after May 31, 2002, payments to For carrying out sections 301 and 311 and title OFFICE OF THE DIRECTOR States under title XIX of the Social Security Act for the last quarter of fiscal year 2002 for unan- IV of the Public Health Service Act with respect (INCLUDING TRANSFER OF FUNDS) to environmental health sciences, $585,946,000. ticipated costs, incurred for the current fiscal For carrying out the responsibilities of the Of- year, such sums as may be necessary. NATIONAL INSTITUTE ON AGING fice of the Director, National Institutes of For making payments to States or in the case For carrying out section 301 and title IV of Health, $236,408,000: Provided, That funding of section 1928 on behalf of States under title the Public Health Service Act with respect to shall be available for the purchase of not to ex- XIX of the Social Security Act for the first quar- aging, $909,174,000. ceed 29 passenger motor vehicles for replacement ter of fiscal year 2003, $46,601,937,000, to remain NATIONAL INSTITUTE OF ARTHRITIS AND only: Provided further, That the Director may available until expended. MUSCULOSKELETAL AND SKIN DISEASES direct up to 1 percent of the total amount made Payment under title XIX may be made for any For carrying out section 301 and title IV of available in this or any other Act to all National quarter with respect to a State plan or plan the Public Health Service Act with respect to ar- Institutes of Health appropriations to activities amendment in effect during such quarter, if sub- thritis and musculoskeletal and skin diseases, the Director may so designate: Provided further, mitted in or prior to such quarter and approved $460,202,000. That no such appropriation shall be decreased in that or any subsequent quarter. NATIONAL INSTITUTE ON DEAFNESS AND OTHER by more than 1 percent by any such transfers PAYMENTS TO HEALTH CARE TRUST FUNDS COMMUNICATION DISORDERS and that the Congress is promptly notified of For payment to the Federal Hospital Insur- For carrying out section 301 and title IV of the transfer: Provided further, That the Na- ance and the Federal Supplementary Medical the Public Health Service Act with respect to tional Institutes of Health is authorized to col- Insurance Trust Funds, as provided under sec- deafness and other communication disorders, lect third party payments for the cost of clinical tion 1844 of the Social Security Act, sections $349,983,000. services that are incurred in National Institutes 103(c) and 111(d) of the Social Security Amend- NATIONAL INSTITUTE OF NURSING RESEARCH of Health research facilities and that such pay- ments of 1965, section 278(d) of Public Law 97– For carrying out section 301 and title IV of ments shall be credited to the National Insti- 248, and for administrative expenses incurred the Public Health Service Act with respect to tutes of Health Management Fund: Provided pursuant to section 201(g) of the Social Security nursing research, $125,659,000. further, That all funds credited to the National Act, $81,994,200,000. PROGRAM MANAGEMENT NATIONAL INSTITUTE ON ALCOHOL ABUSE AND Institutes of Health Management Fund shall re- For carrying out, except as otherwise pro- ALCOHOLISM main available for one fiscal year after the fis- vided, titles XI, XVIII, XIX, and XXI of the So- For carrying out section 301 and title IV of cal year in which they are deposited: Provided cial Security Act, titles XIII and XXVII of the the Public Health Service Act with respect to al- further, That up to $500,000 shall be available to Public Health Service Act, and the Clinical Lab- cohol abuse and alcoholism, $390,761,000. carry out section 499 of the Public Health Serv- ice Act: Provided further, That, notwith- oratory Improvement Amendments of 1988, not NATIONAL INSTITUTE ON DRUG ABUSE standing section 499(k)(10) of the Public Health to exceed $2,464,658,000, to be transferred from For carrying out section 301 and title IV of Service Act, funds from the Foundation for the the Federal Hospital Insurance and the Federal the Public Health Service Act with respect to National Institutes of Health may be transferred Supplementary Medical Insurance Trust Funds, drug abuse, $902,000,000. to the National Institutes of Health. as authorized by section 201(g) of the Social Se- NATIONAL INSTITUTE OF MENTAL HEALTH curity Act; together with all funds collected in For carrying out section 301 and title IV of BUILDINGS AND FACILITIES accordance with section 353 of the Public Health the Public Health Service Act with respect to For the study of, construction of, and acquisi- Service Act, section 1857(e)(2) of the Social Secu- mental health, $1,279,383,000. tion of equipment for, facilities of or used by the rity Act, and such sums as may be collected from NATIONAL HUMAN GENOME RESEARCH INSTITUTE National Institutes of Health, including the ac- authorized user fees and the sale of data, which For carrying out section 301 and title IV of quisition of real property, $306,600,000, to re- shall remain available until expended, and to- the Public Health Service Act with respect to main available until expended, of which gether with administrative fees collected relative human genome research, $440,448,000. $26,000,000 shall be for the John Edward Porter to Medicare overpayment recovery activities, Neuroscience Research Center: Provided, That NATIONAL INSTITUTE FOR BIOMEDICAL IMAGING which shall remain available until expended: notwithstanding any other provision of law, a AND BIOENGINEERING Provided, That all funds derived in accordance single contract or related contracts, which col- For carrying out section 301 and title IV of with 31 U.S.C. 9701 from organizations estab- lectively include the full scope of the project, the Public Health Service Act with respect to lished under title XIII of the Public Health may be employed for the development and con- biomedical imaging and bioengineering research, Service Act shall be credited to and available for struction of the first and second phases of the $140,000,000. carrying out the purposes of this appropriation: John Edward Porter Neuroscience Research Provided further, That $18,200,000 appropriated NATIONAL CENTER FOR RESEARCH RESOURCES Center: Provided further, That the solicitation under this heading for the managed care system For carrying out section 301 and title IV of and contract shall contain the clause ‘‘avail- redesign shall remain available until expended: the Public Health Service Act with respect to re- ability of funds’’ found at 48 CFR 52.232–18. Provided further, That the Secretary of Health search resources and general research support SUBSTANCE ABUSE AND MENTAL HEALTH and Human Services is directed to collect fees in grants, $1,014,044,000: Provided, That none of ∂ SERVICES ADMINISTRATION fiscal year 2002 from Medicare Choice organi- these funds shall be used to pay recipients of zations pursuant to section 1857(e)(2) of the So- the general research support grants program SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES cial Security Act and from eligible organizations any amount for indirect expenses in connection For carrying out titles V and XIX of the Pub- with risk-sharing contracts under section 1876 of with such grants: Provided further, That lic Health Service Act with respect to substance that Act pursuant to section 1876(k)(4)(D) of $125,000,000 shall be for extramural facilities abuse and mental health services, the Protection that Act. construction grants. and Advocacy for Mentally Ill Individuals Act HEALTH MAINTENANCE ORGANIZATION LOAN AND NATIONAL CENTER FOR COMPLEMENTARY AND of 1986, and section 301 of the Public Health LOAN GUARANTEE FUND ALTERNATIVE MEDICINE Service Act with respect to program manage- For carrying out subsections (d) and (e) of For carrying out section 301 and title IV of ment, $3,088,456,000: Provided, That $10,000,000 section 1308 of the Public Health Service Act, the Public Health Service Act with respect to shall be made available to carry out subtitle C any amounts received by the Secretary in con- complementary and alternative medicine, of title XXXVI of the Children’s Health Act of nection with loans and loan guarantees under $110,000,000. 2000 (and the amendments made by such sub- title XIII of the Public Health Service Act, to be NATIONAL CENTER ON MINORITY HEALTH AND title): Provided further, That $5,000,000 shall be available without fiscal year limitation for the HEALTH DISPARITIES made available for mental health providers serv- payment of outstanding obligations. During fis- For carrying out section 301 and title IV of ing public safety workers affected by disasters of cal year 2002, no commitments for direct loans or the Public Health Service Act with respect to mi- national significance. loan guarantees shall be made.

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 6333 E:\CR\FM\A06NO6.046 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11463

ADMINISTRATION FOR CHILDREN AND FAMILIES $1,700,000,000: Provided, That notwithstanding nity Services Block Grant Act, as amended, PAYMENTS TO STATES FOR CHILD SUPPORT paragraph (B) of section 404(d)(2) of such Act, shall be available for financing construction ENFORCEMENT AND FAMILY SUPPORT PROGRAMS the applicable percent specified under such sub- and rehabilitation and loans or investments in For making payments to States or other non- paragraph for a State to carry out State pro- private business enterprises owned by commu- Federal entities under titles I, IV–D, X, XI, grams pursuant to title XX of such Act shall be nity development corporations. XIV, and XVI of the Social Security Act and the 5.7 percent. Funds appropriated for fiscal year 2002 under Act of July 5, 1960 (24 U.S.C. ch. 9), CHILDREN AND FAMILIES SERVICES PROGRAMS section 429A(e), part B of title IV of the Social $2,447,800,000, to remain available until ex- (INCLUDING RESCISSIONS) Security Act shall be reduced by $6,000,000. pended; and for such purposes for the first For carrying out, except as otherwise pro- Funds appropriated for fiscal year 2002 under quarter of fiscal year 2003, $1,100,000,000, to re- vided, the Runaway and Homeless Youth Act, section 413(h)(1) of the Social Security Act shall main available until expended. the Developmental Disabilities Assistance and be reduced by $15,000,000. For making payments to each State for car- Bill of Rights Act, the Head Start Act, the Child PROMOTING SAFE AND STABLE FAMILIES rying out the program of Aid to Families with Abuse Prevention and Treatment Act, sections For carrying out section 430 of the Social Se- Dependent Children under title IV–A of the So- 310 and 316 of the Family Violence Prevention curity Act, $305,000,000. In addition, for such cial Security Act before the effective date of the and Services Act, as amended, the Native Amer- purposes, $70,000,000 to carry out such section. program of Temporary Assistance to Needy ican Programs Act of 1974, title II of Public Law PAYMENTS TO STATES FOR FOSTER CARE AND Families (TANF) with respect to such State, 95–266 (adoption opportunities), the Adoption ADOPTION ASSISTANCE such sums as may be necessary: Provided, That and Safe Families Act of 1997 (Public Law 105– For making payments to States or other non- the sum of the amounts available to a State with 89), sections 1201 and 1211 of the Children’s Federal entities under title IV–E of the Social respect to expenditures under such title IV–A in Health Act of 2000, the Abandoned Infants As- Security Act, $4,885,200,000. fiscal year 1997 under this appropriation and sistance Act of 1988, the Early Learning Oppor- For making payments to States or other non- under such title IV–A as amended by the Per- tunities Act, part B(1) of title IV and sections Federal entities under title IV–E of the Social sonal Responsibility and Work Opportunity 413, 429A, 1110, and 1115 of the Social Security Security Act, for the first quarter of fiscal year Reconciliation Act of 1996 shall not exceed the Act, and sections 40155, 40211, and 40241 of Pub- 2003, $1,754,000,000. limitations under section 116(b) of such Act. lic Law 103–322; for making payments under the ADMINISTRATION ON AGING For making, after May 31 of the current fiscal Community Services Block Grant Act, section year, payments to States or other non-Federal 473A of the Social Security Act, and title IV of AGING SERVICES PROGRAMS entities under titles I, IV–D, X, XI, XIV, and Public Law 105–285, and for necessary adminis- For carrying out, to the extent not otherwise XVI of the Social Security Act and the Act of trative expenses to carry out said Acts and titles provided, the Older Americans Act of 1965, as July 5, 1960 (24 U.S.C. ch. 9), for the last 3 I, IV, X, XI, XIV, XVI, and XX of the Social amended, and section 398 of the Public Health months of the current fiscal year for unantici- Security Act, the Act of July 5, 1960 (24 U.S.C. Service Act, $1,209,756,000, of which $5,000,000 pated costs, incurred for the current fiscal year, ch. 9), the Omnibus Budget Reconciliation Act shall be available for activities regarding medi- such sums as may be necessary. of 1981, title IV of the Immigration and Nation- cation management, screening, and education to LOW INCOME HOME ENERGY ASSISTANCE ality Act, section 501 of the Refugee Education prevent incorrect medication and adverse drug For making payments under title XXVI of the Assistance Act of 1980, section 5 of the Torture reactions. Omnibus Budget Reconciliation Act of 1981, Victims Relief Act of 1998 (Public Law 105–320), OFFICE OF THE SECRETARY $1,700,000,000. sections 40155, 40211, and 40241 of Public Law GENERAL DEPARTMENTAL MANAGEMENT For making payments under title XXVI of the 103–322, sections 310 and 316 of the Family Vio- For necessary expenses, not otherwise pro- Omnibus Budget Reconciliation Act of 1981, lence Prevention and Services Act, as amended, vided, for general departmental management, $300,000,000: Provided, That these funds are and section 126 and titles IV and V of Public including hire of six sedans, and for carrying hereby designated by the Congress to be emer- Law 100–485, $8,592,496,000, of which $43,000,000, out titles III, XVII, and XX of the Public gency requirements pursuant to section to remain available until September 30, 2003, Health Service Act, and the United States-Mex- 251(b)(2)(A) of the Balanced Budget and Emer- shall be for grants to States for adoption incen- ico Border Health Commission Act, $416,361,000, gency Deficit Control Act of 1985: Provided fur- tive payments, as authorized by section 473A of together with $5,851,000, to be transferred and ther, That these funds shall be made available title IV of the Social Security Act (42 U.S.C. 670– expended as authorized by section 201(g)(1) of only after submission to the Congress of an offi- 679) and may be made for adoptions completed the Social Security Act from the Hospital Insur- cial budget request by the President that in- in fiscal years 2000 and 2001; of which ance Trust Fund and the Supplemental Medical cludes designation of the entire amount of the $765,304,000 shall be for making payments under Insurance Trust Fund: Provided, That of the request as an emergency requirement as defined the Community Services Block Grant Act; and of funds made available under this heading for in such Act. which $6,600,000,000 shall be for making pay- carrying out title XX of the Public Health Serv- REFUGEE AND ENTRANT ASSISTANCE ments under the Head Start Act, of which ice Act, $11,885,000 shall be for activities speci- For making payments for refugee and entrant $1,400,000,000 shall become available October 1, fied under section 2003(b)(2), of which assistance activities authorized by title IV of the 2002 and remain available through September 30, $10,157,000 shall be for prevention service dem- Immigration and Nationality Act and section 2003: Provided, That to the extent Community onstration grants under section 510(b)(2) of title 501 of the Refugee Education Assistance Act of Services Block Grant funds are distributed as V of the Social Security Act, as amended, with- 1980 (Public Law 96–422), $435,224,000 to remain grant funds by a State to an eligible entity as out application of the limitation of section available through September 30, 2004: Provided, provided under the Act, and have not been ex- 2010(c) of said title XX: Provided further, That That up to $10,000,000 is available to carry out pended by such entity, they shall remain with of this amount, $68,700,000 shall be available to the Trafficking Victims Protection Act of 2000. such entity for carryover into the next fiscal support activities to counter potential biological For carrying out section 5 of the Torture Vic- year for expenditure by such entity consistent disease, and chemical threats to civilian popu- tims Relief Act of 1998 (Public Law 105–320), with program purposes: Provided further, That lations; $50,000,000 is for minority AIDS preven- $10,000,000. all eligible entities currently in good standing in tion and treatment activities; and $15,000,000 PAYMENTS TO STATES FOR THE CHILD CARE AND the Community Services Block Grant program shall be for an Information Technology Security DEVELOPMENT BLOCK GRANT shall receive an increase in funding propor- and Innovation Fund for department-wide ac- For carrying out sections 658A through 658R tionate to the increase provided in this Act for tivities involving cybersecurity, information of the Omnibus Budget Reconciliation Act of the Community Services Block Grant: Provided technology security, and related innovation 1981 (The Child Care and Development Block further, That $105,133,000 shall be for activities projects. Grant Act of 1990), $2,000,000,000 shall be used authorized by the Runaway and Homeless to supplement, not supplant state general rev- Youth Act, notwithstanding the allocation re- OFFICE OF INSPECTOR GENERAL enue funds for child care assistance for low-in- quirements of section 388(a) of such Act, of For expenses necessary for the Office of In- come families: Provided, That $19,120,000 shall which $33,000,000 is for Maternity Group Homes: spector General, including the hire of passenger be available for child care resource and referral Provided further, That $89,000,000 is for a com- motor vehicles for investigations, in carrying out and school-aged child care activities, of which passion capital fund to provide grants to chari- the provisions of the Inspector General Act of $1,000,000 shall be for the Child Care Aware toll table organizations to emulate model social serv- 1978, as amended, $35,786,000: Provided, That of free hotline: Provided further, That, in addition ice programs and to encourage research on the such amount, necessary sums are available for to the amounts required to be reserved by the best practices of social service organizations: providing protective services to the Secretary States under section 658G, $272,672,000 shall be Provided further, That the Secretary shall es- and investigating non-payment of child support reserved by the States for activities authorized tablish procedures regarding the disposition of cases for which non-payment is a Federal of- under section 658G, of which $100,000,000 shall intangible property which permits grant funds, fense under 18 U.S.C. 228, each of which activi- be for activities that improve the quality of in- or intangible assets acquired with funds author- ties is hereby authorized in this and subsequent fant and toddler child care: Provided further, ized under section 680 of the Community Serv- fiscal years. That $10,000,000 shall be for use by the Sec- ices Block Grant Act, as amended, to become the OFFICE FOR CIVIL RIGHTS retary for child care research, demonstration, sole property of such grantees after a period of For expenses necessary for the Office for Civil and evaluation activities. not more than 12 years after the end of the Rights, $28,691,000, together with not to exceed SOCIAL SERVICES BLOCK GRANT grant for purposes and uses consistent with the $3,314,000, to be transferred and expended as For making grants to States pursuant to sec- original grant: Provided further, That funds ap- authorized by section 201(g)(1) of the Social Se- tion 2002 of the Social Security Act, propriated for section 680(a)(2) of the Commu- curity Act from the Hospital Insurance Trust

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 6333 E:\CR\FM\A06NO6.046 pfrm04 PsN: S06PT1 S11464 CONGRESSIONAL RECORD — SENATE November 6, 2001 Fund and the Supplemental Medical Insurance the amount for research related to the human State expenditures and all fiscal year 2002 obli- Trust Fund. immunodeficiency virus, as jointly determined gations for tobacco prevention and compliance POLICY RESEARCH by the Director of the National Institutes of activities by program activity by July 31, 2002. For carrying out, to the extent not otherwise Health and the Director of the Office of AIDS (d) The Secretary shall exercise discretion in provided, research studies under section 1110 of Research, shall be made available to the ‘‘Office enforcing the timing of the State obligation of the Social Security Act and title III of the Pub- of AIDS Research’’ account. The Director of the the additional funds required by the certifi- lic Health Service Act, $20,500,000. Office of AIDS Research shall transfer from cation described in subsection (a) as late as July RETIREMENT PAY AND MEDICAL BENEFITS FOR such account amounts necessary to carry out 31, 2002. (e) None of the funds appropriated by this Act COMMISSIONED OFFICERS section 2353(d)(3) of the Public Health Service may be used to withhold substance abuse fund- For retirement pay and medical benefits of Act. ing pursuant to section 1926 from a territory Public Health Service Commissioned Officers as SEC. 210. None of the funds appropriated in that receives less than $1,000,000. authorized by law, for payments under the Re- this Act may be made available to any entity under title X of the Public Health Service Act SEC. 215. (a) In order for the Centers for Dis- tired Serviceman’s Family Protection Plan and ease Control and Prevention to carry out inter- Survivor Benefit Plan, for medical care of de- unless the applicant for the award certifies to the Secretary that it encourages family partici- national health activities, including HIV/AIDS pendents and retired personnel under the De- and other infectious disease, chronic and envi- pendents’ Medical Care Act (10 U.S.C. ch. 55), pation in the decision of minors to seek family planning services and that it provides coun- ronmental disease, and other health activities and for payments pursuant to section 229(b) of abroad during fiscal year 2002, the Secretary of the Social Security Act (42 U.S.C. 429(b)), such seling to minors on how to resist attempts to co- erce minors into engaging in sexual activities. Health and Human Services is authorized to— amounts as may be required during the current (1) utilize the authorities contained in sub- SEC. 211. None of the funds appropriated by fiscal year. section 2(c) of the State Department Basic Au- this Act (including funds appropriated to any GENERAL PROVISIONS thorities Act of 1956, as amended, and trust fund) may be used to carry out the (2) utilize the authorities contained in 22 SEC. 201. Funds appropriated in this title shall Medicare+Choice program if the Secretary de- be available for not to exceed $37,000 for official U.S.C. sections 291 and 292 and directly or nies participation in such program to an other- through contract or cooperative agreement to reception and representation expenses when wise eligible entity (including a Provider Spon- specifically approved by the Secretary. lease, alter or renovate facilities in foreign sored Organization) because the entity informs countries, to carry out programs supported by SEC. 202. The Secretary shall make available the Secretary that it will not provide, pay for, through assignment not more than 60 employees this appropriation notwithstanding PHS Act provide coverage of, or provide referrals for section 307. of the Public Health Service to assist in child abortions: Provided, That the Secretary shall survival activities and to work in AIDS pro- In exercising the authority set forth in (1) and make appropriate prospective adjustments to the (2), the Secretary of Health and Human Services grams through and with funds provided by the capitation payment to such an entity (based on Agency for International Development, the shall consult with the Department of State to an actuarially sound estimate of the expected assure that planned activities are within the United Nations International Children’s Emer- costs of providing the service to such entity’s en- gency Fund or the World Health Organization. legal strictures of the State Department Basic rollees): Provided further, That nothing in this Authorities Act of 1956, as amended, and other SEC. 203. None of the funds appropriated section shall be construed to change the Medi- under this Act may be used to implement section applicable parts of U.S.C. Title 22. care program’s coverage for such services and a SEC. 216. Notwithstanding any other provision 399F(b) of the Public Health Service Act or sec- Medicare+Choice organization described in this tion 1503 of the National Institutes of Health of law relating to vacancies in offices for which section shall be responsible for informing enroll- appointments must be made by the President, Revitalization Act of 1993, Public Law 103–43. ees where to obtain information about all Medi- SEC. 204. None of the funds appropriated in including any time limitation on serving in an care covered services. this Act for the National Institutes of Health acting capacity, the Acting Director of the Na- SEC. 212. Notwithstanding any other provision tional Institutes of Health as of January 12, and the Substance Abuse and Mental Health of law, no provider of services under title X of Services Administration shall be used to pay the 2000, may serve in that position until a new Di- the Public Health Service Act shall be exempt rector of the National Institutes of Health is salary of an individual, through a grant or from any State law requiring notification or the other extramural mechanism, at a rate in excess confirmed by the Senate. reporting of child abuse, child molestation, sex- SEC. 217. The following amounts, appropriated of Executive Level I. ual abuse, rape, or incest. SEC. 205. None of the funds appropriated in in this title, shall be transferred to International SEC. 213. The Foreign Operations, Export Fi- Assistance Programs, ‘‘Global Fund to Fight this Act may be expended pursuant to section nancing, and Related Programs Appropriations 241 of the Public Health Service Act, except for HIV/AIDS, Malaria, and Tuberculosis’’, to re- Act, 1990 (Public Law 101–167) is amended— main available until expended: from National funds specifically provided for in this Act, or for (1) in section 599D (8 U.S.C. 1157 note)— other taps and assessments made by any office Institutes of Health, ‘‘National Institute of Al- (A) in subsection (b)(3), by striking ‘‘1997, lergy and Infectious Diseases’’, $25,000,000; from located in the Department of Health and Human 1998, 1999, 2000, and 2001’’ and inserting ‘‘1997, Services, prior to the Secretary’s preparation National Institutes of Health, ‘‘Buildings and 1998, 1999, 2000, 2001, and 2002’’; and Facilities’’, $70,000,000; and from Departmental and submission of a report to the Committee on (B) in subsection (e), by striking ‘‘October 1, Management, ‘‘General Departmental Manage- Appropriations of the Senate and of the House 2001’’ each place it appears and inserting ‘‘Octo- detailing the planned uses of such funds. ment’’, $5,000,000. ber 1, 2002’’; and SEC. 218. Of the funds provided to the Office SEC. 206. Notwithstanding section 241(a) of (2) in section 599E (8 U.S.C. 1255 note) in sub- of the General Counsel, not less than $500,000 the Public Health Service Act, such portion as section (b)(2), by striking ‘‘September 30, 2001’’ the Secretary shall determine, but not more than shall be used to provide legal support for en- and inserting ‘‘September 30, 2002’’. forcement of the labeling provisions of the Die- 2 percent, of any amounts appropriated for pro- SEC. 214. (a) Except as provided by subsection tary Supplement Health and Education Act of grams authorized under the PHS Act and other (e) none of the funds appropriated by this Act Acts shall be made available for the evaluation 1994. may be used to withhold substance abuse fund- SEC. 219. EXPRESSING THE SENSE OF THE SEN- (directly, or by grants or contracts) of the imple- ing from a State pursuant to section 1926 of the ATE THAT THE DEPARTMENT OF HEALTH AND mentation and effectiveness of such programs. Public Health Service Act (42 U.S.C. 300x–26) if HUMAN SERVICES PUBLISH A NOTICE REGARDING (TRANSFER OF FUNDS) such State certifies to the Secretary of Health GOOD MANUFACTURING PRACTICES FOR DIETARY EC S . 207. Not to exceed 1 percent of any discre- and Human Services by May 1, 2002 that the SUPPLEMENTS. (a) FINDINGS.— tionary funds (pursuant to the Balanced Budget State will commit additional State funds, in ac- (1) Over 100,000,000 Americans regularly use and Emergency Deficit Control Act of 1985, as cordance with subsection (b), to ensure compli- dietary supplements to maintain and improve amended) which are appropriated for the cur- ance with State laws prohibiting the sale of to- their health status. rent fiscal year for the Department of Health bacco products to individuals under 18 years of (2) Congress has established a strong regu- and Human Services in this Act may be trans- age. latory framework to ensure that consumers have ferred between appropriations, but no such ap- (b) The amount of funds to be committed by a access to safe dietary supplement products and propriation shall be increased by more than 3 State under subsection (a) shall be equal to 1 information about those products. percent by any such transfer: Provided, That percent of such State’s substance abuse block (3) Good Manufacturing Practice (GMP) regu- the Appropriations Committees of both Houses grant allocation for each percentage point by lations are the primary enforcement tool where- of Congress are notified at least 15 days in ad- which the State misses the retailer compliance by government inspectors ensure that all food vance of any transfer. rate goal established by the Secretary of Health products (including dietary supplements) are SEC. 208. The Director of the National Insti- and Human Services under section 1926 of such manufactured according to rigorous quality con- tutes of Health, jointly with the Director of the Act. trol standards, including appropriate labeling, Office of AIDS Research, may transfer up to 3 (c) The State is to maintain State expenditures sanitation, purity and records-keeping. percent among institutes, centers, and divisions in fiscal year 2002 for tobacco prevention pro- (4) The Dietary Supplement Health and Edu- from the total amounts identified by these two grams and for compliance activities at a level cation Act of 1994 authorized development of Directors as funding for research pertaining to that is not less than the level of such expendi- Good Manufacturing Practice guidelines for die- the human immunodeficiency virus: Provided, tures maintained by the State for fiscal year tary supplements. That the Congress is promptly notified of the 2001, and adding to that level the additional (5) The Good Manufacturing practice guide- transfer. funds for tobacco compliance activities required lines will be instrumental in assuring the Amer- SEC. 209. Of the amounts made available in under subsection (a). The State is to submit a ican public that dietary supplements are prop- this Act for the National Institutes of Health, report to the Secretary on all fiscal year 2001 erly manufactured and labeled.

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 6333 E:\CR\FM\A06NO6.046 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11465 (6) Those guidelines have been in development lead levels, as established by the Centers for cally thereafter for the duration of the study by the Department of Health and Human Serv- Disease Control and Prevention. under subparagraph (A), the Director of the In- ices, its operating divisions, and the Office of (2) For each such child who has received such stitute should prepare and submit to the Con- Management and Budget for over 5 years. minimum required tests. gress reports on the findings of the study. (b) SENSE OF THE SENATE.—The Senate ex- SEC. 225. For the Health Resources and Serv- SEC. 228. Section 582 of the Public Health presses a sense of the Senate that the Depart- ices Administration, $5,000,000 for grants for Service Act (42 U.S.C. 290hh–1(f)) is amended by ment of Health and Human Services or its oper- education, prevention, and early detection of adding at the end the following: ating divisions publish a Notice of Proposed radiogenic cancers and diseases under section ‘‘(g) SHORT TITLE.—This section may be cited Rulemaking with respect to Good Manufac- 417C of the Public Health Service Act (42 U.S.C. as the ‘Donald J. Cohen National Child Trau- turing Practices for dietary supplements within 285a–9) (as amended by the Radiation Exposure matic Stress Initiative’.’’. 15 days of enactment of this Act. Compensation Act Amendments of 2000), of This title may be cited as the ‘‘Department of SEC. 220. (a) FINDINGS.—Congress finds that— which $1,000,000 shall be available to enter into Health and Human Services Appropriations Act, (1) according to the Centers for Disease Con- a contract with the National Research Council 2002’’. trol and Prevention, over 765,000 people in the under which the Council shall— TITLE III—DEPARTMENT OF EDUCATION United States have been diagnosed with the (1) review the most recent scientific informa- EDUCATION FOR THE DISADVANTAGED virus that causes AIDS since 1981, and over tion related to radiation exposure and associ- For carrying out title I of the Elementary and 442,000 deaths have occurred in the United ated cancers or other diseases; Secondary Education Act of 1965 as amended by (2) make recommendations to— States as a result of the disease; and H.R. 1 as passed by the Senate on June 14, 2001 (A) reduce the length of radiation exposure re- (2) Federal AIDS prevention funds should be (‘‘ESEA’’); the McKinney-Vento Homeless As- quirements for any compensable illnesses under used to provide resources, training, technical as- sistance Act; and section 418A of the Higher the Radiation Exposure Compensation Act (42 sistance, and infrastructure to national, re- Education Act of 1965, $11,912,900,000, of which U.S.C. 2210 note); and gional, and community-based organizations $4,129,200,000, shall become available on July 1, working to educate the public on the virus that (B) include additional illnesses, geographic areas, or classes of individuals with the scope of 2002, and shall remain available through Sep- causes AIDS and stopping the spread of the dis- tember 30, 2003, and of which $6,953,300,000 shall ease. compensation of such Act; and (3) not later than June 30, 2003, prepare and become available on October 1, 2002, and shall (b) REPORT.—Not later than 6 months after remain available through September 30, 2003, for the date of enactment of this Act, the Inspector submit to the Committee on Appropriations, Committee on Health, Education, Labor, and academic year 2002–2003: Provided, That General of the Department of Health and $7,172,690,000 shall be available for basic grants Human Services shall conduct an audit of all Pensions, and Committee on the Judiciary of the Senate and the Committee on Appropriations, under section 1124: Provided further, That up to Federal amounts allocated for AIDS prevention $3,500,000 of these funds shall be available to the programs and report to Congress with their find- Committee on Energy and Commerce, and Com- mittee on the Judiciary of the House of Rep- Secretary of Education on October 1, 2001, to ob- ings. tain updated educational-agency-level census SEC. 221. It is the sense of the Senate that the resentatives, a report describing the findings poverty data from the Bureau of the Census: Secretary of Health and Human Services should made by the Council under paragraphs (1) and Provided further, That $1,365,031,000 shall be fund and reimburse hospitals and medical facili- (2). available for concentration grants under section ties in States that have tested and treated Fed- SEC. 226. Effective upon the date of enactment 1124A: Provided further, That $1,000,000,000 eral workers that have been exposed to anthrax, of this Act, $200,000,000 of the amount appro- shall be available for targeted grants under sec- and continue to test and treat Federal workers priated under section 403(a)(4)(F) of the Social tion 1125: Provided further, That $649,979,000 that have been determined by the Centers for Security Act (42 U.S.C. 603(a)(4)(F)) is re- shall be available for education finance incen- Disease Control and Prevention as at risk for scinded. SEC. 227. It is the sense of the Senate that— tive grants under section 1125A: Provided fur- exposure to anthrax. (1) the Secretary of Health and Human Serv- ther, That grant awards under sections 1124 and SEC. 222. It is the sense of the Senate that the ices, acting through the Director of NIH and the 1124A of title I of the ESEA shall be not less Secretary of Health and Human Services should Director of the National Institute of Mental than 95 percent of the amount each State and ensure that each contract entered into between Health (in this section referred to as the ‘‘Insti- local educational agency received under this au- a State and an entity (including a health insur- tute’’), should expand and intensify research thority for fiscal year 2001: Provided further, ing organization and a medicaid managed care and related activities of the Institute with re- That notwithstanding any other provision of organization) that is responsible for the provi- spect to post-abortion depression and post-abor- law, grant awards under section 1124A of title I sion (directly or through arrangements with tion psychosis (in this section referred to as of the ESEA shall be made to those local edu- providers of services) of medical assistance ‘‘post-abortion conditions’’); cational agencies that received a concentration under a State medicaid plan should provide (2) the Director of the Institute should coordi- grant under the Department of Education Ap- for— nate the activities of the Director under para- propriations Act, 2001, but are not eligible to re- (1) compliance with mandatory blood lead graph (1) with similar activities conducted by ceive such a grant for fiscal year 2002. screening requirements that are consistent with the other national research institutes and agen- prevailing guidelines of the Centers for Disease IMPACT AID cies of the National Institutes of Health to the Control and Prevention for such screening; and For carrying out programs of financial assist- extent that such Institutes and agencies have (2) coverage of lead treatment services includ- ance to federally affected schools authorized by responsibilities that are related to post-abortion ing diagnosis, treatment, and follow-up fur- title VI of the Elementary and Secondary Edu- conditions; nished for children with elevated blood lead lev- cation Act of 1965, as redesignated and amended (3) in carrying out paragraph (1)— els in accordance with prevailing guidelines of by H.R. 1 of the 107th Congress, as passed by (A) the Director of the Institute should con- the House of Representatives on May 23, 2001, the Centers for Disease Control and Prevention. duct or support research to expand the under- SEC. 223. It is the sense of the Senate that $1,130,500,000, of which $982,500,000 shall be for standing of the causes of, and to find a cure for, basic support payments under section 8003(b), States should be authorized to use funds pro- post-abortion conditions; and vided under the State children’s health insur- $50,000,000 shall be for payments for children (B) activities under such paragraph should with disabilities under section 8003(d), ance program under title XXI of the Social Se- include conducting and supporting the fol- curity Act to— $35,000,000 shall be for construction under sec- lowing: tion 8007, $55,000,000 shall be for Federal prop- (1) comply with mandatory blood lead screen- (i) basic research concerning the etiology and erty payments under section 8002, and ing requirements that are consistent with pre- causes of the conditions; $8,000,000, to remain available until expended, vailing guidelines of the Centers for Disease (ii) epidemiological studies to address the fre- shall be for facilities maintenance under section Control and Prevention for such screening; and quency and natural history of the conditions 8008. (2) provide coverage of lead treatment services and the differences among racial and ethnic including diagnosis, treatment, and follow-up groups with respect to the conditions; SCHOOL IMPROVEMENT PROGRAMS furnished for children with elevated blood lead (iii) the development of improved diagnostic For carrying out school improvement activities levels in accordance with prevailing guidelines techniques; authorized by sections 1117A and 1229 and sub- of the Centers for Disease Control and Preven- (iv) clinical research for the development and part 1 of part F of title I and titles II, IV, V, VI, tion. evaluation of new treatments, including new bi- parts B and C of title VII, and title XI of the El- SEC. 224. It is the sense of the Senate that the ological agents; and ementary and Secondary Education Act of 1965, Secretary of Health and Human Services should (v) information and education programs for as amended by H.R. 1 as passed by the Senate establish a program to improve the blood lead health care professionals and the public; and on June 14, 2001 (‘‘ESEA’’); and the Civil Rights screening rates of States for children under the (4)(A) the Director of the Institute should con- Act of 1964; $8,723,014,000, of which age of 3 enrolled in the medicaid program under duct a national longitudinal study to determine $1,165,750,000 shall become available on July 1, which, using State-specific blood lead screening the incidence and prevalence of cases of post- 2002, and remain available through September data, the Secretary would annually pay a State abortion conditions, and the symptoms, severity, 30, 2003, and of which $1,765,000,000 shall be- an amount to be determined: and duration of such cases, toward the goal of come available on October 1, 2002, and shall re- (1) For each 2 year-old child enrolled in the more fully identifying the characteristics of main available through September 30, 2003, for medicaid program in the State who has received such cases and developing diagnostic tech- academic year 2002–2003: Provided, That the minimum required (for that age) screening niques; and $28,000,000 shall be for part A of title XIII of the blood lead level tests (capillary or venous sam- (B) beginning not later than 3 years after the ESEA as in effect prior to Senate passage of ples) to determine the presence of elevated blood date of the enactment of this Act, and periodi- H.R. 1 to continue the operation of the current

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 6333 E:\CR\FM\A06NO6.047 pfrm04 PsN: S06PT1 S11466 CONGRESSIONAL RECORD — SENATE November 6, 2001 Comprehensive Regional Assistance Centers: cated notwithstanding section 105(b)(1) of the the Immigration and Naturalization Service Provided further, That of the amount made AT Act: Provided further, That section 101(f) of data for immigrants admitted for legal perma- available for subpart 4 of part B of title V of the the AT Act shall not limit the award of an ex- nent residence for the 10 most recent years, and ESEA, $925,000,000 shall be available, notwith- tension grant to three years: Provided further, 35 percent allocated to States that experienced standing any other provision of law, to State That each State shall be provided a minimum of growth as measured by the average of the 3 most educational agencies and outlying areas under $500,000 and each outlying area $150,000 for ac- recent years for which Immigration and Natu- the terms and conditions set forth in section 305 tivities under section 101 of the AT Act and each ralization Service data for immigrants admitted of this Act for grants for school repair and ren- State shall be provided a minimum of $100,000 for legal permanent residence are available, ex- ovation: Provided further, That funds made and each outlying area $50,000 for activities cept that no State shall be allocated an amount available to local education agencies under sub- under section 102 of the Act: Provided further, less than $60,000: Provided further, That of the part B of part F of title XI shall be used for ac- That if the funds appropriated for Title I of the amounts made available for the Adult Edu- tivities related to the redesign of large high AT Act are less than required to fund these min- cation and Family Literacy Act, $9,500,000 shall schools: Provided further, That of the funds ap- imum allotments, grants provided under sections be for national leadership activities under sec- propriated for part F of title XI, $15,000,000 101 and 102 of the AT Act shall be the same as tion 243 and $6,560,000 shall be for the National shall be available for dropout prevention pro- their fiscal year 2001 amounts and any amounts Institute for Literacy under section 242: Pro- grams under part H of title I and $100,000,000 in excess of these minimum requirements shall be vided further, That $22,000,000 shall be for shall be available under part C of title IX to en- allocated proportionally to achieve the pre- Youth Offender Grants, of which $5,000,000 able the Secretary of Education to award grants scribed minimums: Provided further, That shall be used in accordance with section 601 of to develop, implement, and strengthen programs $26,884,000 shall be used to support grants for Public Law 102–73 as that section was in effect to teach American history (not social studies) as up to three years to States under title III of the prior to the enactment of Public Law 105–220: a separate subject within school curricula: Pro- AT Act, of which the Federal share shall not ex- Provided further, That of the amounts made vided further, That of the funds made available ceed 75 percent in the first year, 50 percent in available for title I of the Perkins Act, the Sec- to carry out subpart 2 of part A of title IV of the the second year, and 25 percent in the third retary may reserve up to 0.54 percent for incen- Elementary and Secondary Education Act of year, and that the requirements in section tive grants under section 503 of the Workforce 1965, as amended by H.R. 1 as passed by the 301(c)(2) and section 302 of that Act shall not Investment Act, without regard to section Senate on June 14, 2001, $9,000,000 shall be made apply to such grants. 111(a)(1)(C) of the Perkins Act: Provided fur- available to enable the Secretary of Education SPECIAL INSTITUTIONS FOR PERSONS WITH ther, That of the amounts made available for to award grants to enable local educational DISABILITIES the Adult Education and Family Literacy Act, agencies to address the needs of children af- the Secretary may reserve up to 1.72 percent for AMERICAN PRINTING HOUSE FOR THE BLIND fected by terrorist attacks, times of war or other incentive grants under section 503 of the Work- major violent or traumatic crises, including pro- For carrying out the Act of March 3, 1879, as force Investment Act, without regard to section viding mental health services to such children, amended (20 U.S.C. 101 et seq.), $14,000,000. 211(a)(3) of the Adult Education and Family and $1,000,000 shall be made available to enable NATIONAL TECHNICAL INSTITUTE FOR THE DEAF Literacy Act. the Secretary of Education, in consultation with For the National Technical Institute for the STUDENT FINANCIAL ASSISTANCE the Secretary of Health and Human Services, to Deaf under titles I and II of the Education of For carrying out subparts 1, 3 and 4 of part A, develop recommendations and models to assist the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), section 428K, part C and part E of title IV of the communities in developing evacuation and pa- $54,976,000, of which $5,376,000 shall be for con- Higher Education Act of 1965, as amended, rental notification plans for schools and other struction and shall remain available until ex- $12,284,100,000, which shall remain available community facilities where children gather: Pro- pended: Provided, That from the total amount through September 30, 2003. vided further, That $2,500,000 shall be available available, the Institute may at its discretion use The maximum Pell Grant for which a student to carry out part E of title II, including admin- funds for the endowment program as authorized shall be eligible during award year 2002–2003 istrative expenses associated with such part. under section 207. shall be $4,000: Provided, That notwithstanding INDIAN EDUCATION GALLAUDET UNIVERSITY section 401(g) of the Act, if the Secretary deter- For expenses necessary to carry out, to the ex- For the Kendall Demonstration Elementary mines, prior to publication of the payment tent not otherwise provided, title VII, part A of School, the Model Secondary School for the schedule for such award year, that the amount the Elementary and Secondary Education Act of Deaf, and the partial support of Gallaudet Uni- included within this appropriation for Pell 1965, as amended by H.R. 1 as passed by the versity under titles I and II of the Education of Grant awards in such award year, and any Senate on June 14, 2001, $117,000,000. the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), funds available from the fiscal year 2001 appro- BILINGUAL AND IMMIGRANT EDUCATION $97,000,000: Provided, That from the total priation for Pell Grant awards, are insufficient For section 3202 of part B and section D of amount available, the University may at its dis- to satisfy fully all such awards for which stu- title III of the Elementary and Secondary Edu- cretion use funds for the endowment program as dents are eligible, as calculated under section cation Act of 1965, as amended by H.R. 1 as authorized under section 207. 401(b) of the Act, the amount paid for each such passed by the Senate on June 14, 2001, VOCATIONAL AND ADULT EDUCATION award shall be reduced by either a fixed or vari- $616,000,000. For carrying out, to the extent not otherwise able percentage, or by a fixed dollar amount, as SPECIAL EDUCATION provided, the Carl D. Perkins Vocational and determined in accordance with a schedule of re- For carrying out the Individuals with Disabil- Technical Education Act, the Adult Education ductions established by the Secretary for this ities Education Act, $8,439,643,000, of which and Family Literacy Act, and title VIII–D of the purpose. $3,090,452,000 shall become available for obliga- Higher Education Act of 1965, as amended, and FEDERAL FAMILY EDUCATION LOAN PROGRAM tion on July 1, 2002, and shall remain available Public Law 102–73, $1,818,060,000, of which ACCOUNT through September 30, 2003, and of which $1,020,060,000 shall become available on July 1, For Federal administrative expenses to carry $5,072,000,000 shall become available on October 2002 and shall remain available through Sep- out guaranteed student loans authorized by title 1, 2002, and shall remain available through Sep- tember 30, 2003 and of which $791,000,000 shall IV, part B, of the Higher Education Act of 1965, tember 30, 2003, for academic year 2002–2003: become available on October 1, 2002 and shall as amended, $49,636,000. Provided, That $9,500,000 shall be for Recording remain available through September 30, 2003: HIGHER EDUCATION for the Blind and Dyslexic to support the devel- Provided, That of the amounts made available For carrying out, to the extent not otherwise opment, production, and circulation of recorded for the Carl D. Perkins Vocational and Tech- provided, section 121 and titles II, III, IV, V, VI, educational materials: Provided further, That nical Education Act, $7,000,000 shall be for trib- and VII of the Higher Education Act of 1965, as $1,500,000 shall be for the recipient of funds pro- ally controlled postsecondary vocational and amended, title VIII of the Higher Education vided by Public Law 105–78 under section technical institutions under section 117: Pro- Amendments of 1998, and the Mutual Edu- 687(b)(2)(G) of the Act to provide information on vided further, That $10,000,000 shall be for car- cational and Cultural Exchange Act of 1961, diagnosis, intervention, and teaching strategies rying out section 118 of such Act: Provided fur- $1,826,223,000, of which $5,000,000 for interest for children with disabilities: Provided further, ther, That of the amounts made available for subsidies authorized by section 121 of the Higher That the amount for section 611(c) of the Act the Carl D. Perkins Vocational and Technical Education Act of 1965, shall remain available shall be equal to the amount available for that Education Act, $5,000,000 shall be for dem- until expended: Provided, That $10,000,000, to section under Public Law 106–554, increased by onstration activities authorized by section 207: remain available through September 30, 2003, the amount of inflation as specified in section Provided further, That of the amount provided shall be available to fund fellowships for aca- 611(f)(1)(B)(ii) of the Act. for Adult Education State Grants, $70,000,000 demic year 2003–2004 under part A, subpart 1 of REHABILITATION SERVICES AND DISABILITY shall be made available for integrated English title VII of said Act, under the terms and condi- RESEARCH literacy and civics education services to immi- tions of part A, subpart 1: Provided further, For carrying out, to the extent not otherwise grants and other limited English proficient pop- That $1,500,000 is for data collection and eval- provided, the Rehabilitation Act of 1973, the As- ulations: Provided further, That of the amount uation activities for programs under the Higher sistive Technology Act of 1998, and the Helen reserved for integrated English literacy and Education Act of 1965, including such activities Keller National Center Act, $2,932,617,000, of civics education, notwithstanding section 211 of needed to comply with the Government Perform- which $60,000,000 shall remain available the Adult Education and Family Literacy Act, ance and Results Act of 1993: Provided further, through September 30, 2003: Provided, That the 65 percent shall be allocated to States based on That $18,000,000 shall be available for tribally funds provided for Title I of the Assistive Tech- a State’s absolute need as determined by calcu- controlled colleges and universities under sec- nology Act of 1998 (the AT Act) shall be allo- lating each State’s share of a 10-year average of tion 316 of the Higher Education Act of 1965, of

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 6333 E:\CR\FM\A06NO6.047 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11467 which $6,000,000 shall be used for construction GENERAL PROVISIONS Then the Federal If the percentage is: share shall be: and renovation: Provided further, That the SEC. 301. No funds appropriated in this Act 40 percent or greater ...... 100 percent funds provided for title II of the Higher Edu- may be used for the transportation of students 30–39.99 percent ...... 90 percent cation Act of 1965 shall be allocated notwith- or teachers (or for the purchase of equipment for standing section 210 of the Higher Education 20–29.99 percent ...... 80 percent such transportation) in order to overcome racial 10–19.99 percent ...... 70 percent Act of 1965: Provided further, That funds for imbalance in any school or school system, or for part B of title VII of the Higher Education Act less than 10 percent ...... 60 percent. the transportation of students or teachers (or (3) If, after providing an opportunity to the of 1965 may be used, at the discretion of the Sec- for the purchase of equipment for such trans- public and all local educational agencies in the retary of Education, to fund continuation portation) in order to carry out a plan of racial State to comment, consistent with any applica- awards under title IV, part A, subpart 8 of such desegregation of any school or school system. ble State and local law specifying how the com- Act. SEC. 302. None of the funds contained in this ments may be received and how the comments HOWARD UNIVERSITY Act shall be used to require, directly or indi- may be reviewed by any member of the public, For partial support of Howard University (20 rectly, the transportation of any student to a the State entity demonstrates that the amount U.S.C. 121 et seq.), $232,474,000, of which not school other than the school which is nearest of the State’s allocation exceeds the amount less than $3,600,000 shall be for a matching en- the student’s home, except for a student requir- needed to address the needs of the local edu- dowment grant pursuant to the Howard Univer- ing special education, to the school offering cational agencies in the State for school repair sity Endowment Act (Public Law 98–480) and such special education, in order to comply with and renovation under this section— shall remain available until expended. title VI of the Civil Rights Act of 1964. For the (A) the State entity shall transfer any excess COLLEGE HOUSING AND ACADEMIC FACILITIES purpose of this section an indirect requirement portion of that allocation to the State edu- LOANS PROGRAM of transportation of students includes the trans- cational agency; and For Federal administrative expenses author- portation of students to carry out a plan involv- (B) the State educational agency shall allo- ized under section 121 of the Higher Education ing the reorganization of the grade structure of cate 100 percent of those excess funds received Act of 1965, $762,000 to carry out activities re- schools, the pairing of schools, or the clustering under subsection (a) in accordance with section lated to existing facility loans entered into of schools, or any combination of grade restruc- 5312 of the Elementary and Secondary Edu- under the Higher Education Act of 1965. turing, pairing or clustering. The prohibition cation Act of 1965 as amended by H.R. 1 as HISTORICALLY BLACK COLLEGE AND UNIVERSITY described in this section does not include the es- passed the Senate on June 14, 2001 for activities CAPITAL FINANCING PROGRAM ACCOUNT tablishment of magnet schools. authorized under section 5331 of the Elementary The total amount of bonds insured pursuant SEC. 303. No funds appropriated under this and Secondary Education Act of 1965 as amend- to section 344 of title III, part D of the Higher Act may be used to prevent the implementation ed by H.R. 1 as passed the Senate on June 14, Education Act of 1965 shall not exceed of programs of voluntary prayer and meditation 2001 to be determined by each such local edu- $357,000,000, and the cost, as defined in section in the public schools. cational agency as part of a local strategy for 502 of the Congressional Budget Act of 1974, of (TRANSFER OF FUNDS) improving academic achievement. such bonds shall not exceed zero. (c) If a local educational agency uses funds SEC. 304. Not to exceed 1 percent of any discre- For administrative expenses to carry out the for urgent school renovation, then the following tionary funds (pursuant to the Balanced Budget Historically Black College and University Cap- provisions shall apply— and Emergency Deficit Control Act of 1985, as ital Financing Program entered into pursuant to (1) Urgent school renovation shall be limited amended) which are appropriated for the De- title III, part D of the Higher Education Act of to one or more of the following— partment of Education in this Act may be trans- 1965, as amended, $208,000. (A) school facilities modifications necessary to ferred between appropriations, but no such ap- render school facilities accessible in order to EDUCATION RESEARCH, STATISTICS, AND propriation shall be increased by more than 3 ASSESSMENT comply with the Americans With Disabilities percent by any such transfer: Provided, That Act; For carrying out activities authorized by the the Appropriations Committees of both Houses Educational Research, Development, Dissemina- (B) school facilities modifications necessary to of Congress are notified at least 15 days in ad- render school facilities accessible in order to tion, and Improvement Act of 1994, including vance of any transfer. part E; the National Education Statistics Act of comply with section 504 of the Rehabilitation SEC. 305. (a) From the amount made available 1994, including sections 411 and 412; and parts Act; for urgent school renovation grants under the (C) asbestos abatement or removal from school B, D, and E of title XI of the Elementary and heading ‘‘School Improvement Programs’’ in ac- Secondary Education Act as amended by H.R. 1 facilities; cordance with this section, the Secretary of (D) emergency renovations or repairs to the as passed by the Senate on June 14, 2001 Education shall provide grants to the State and school facilities only to ensure the health and (ESEA), $431,567,000: Provided, That $53,000,000 outlying area entities responsible for the financ- safety of students and staff; and of the amount available for the national edu- ing of education facilities (hereinafter in this (E) security upgrades. cation research institutes shall be allocated not- section referred to as the ‘‘State entity’’), on the (2) no funds received under this section for ur- withstanding section 912(m)(1)(B–F) and sub- basis of the same percentage as the State edu- gent school renovation may be used for— paragraphs (B) and (C) of section 931(c)(2) of cational agency received of the funds allocated (A) payment of maintenance costs in connec- Public Law 103–227: Provided further, That to States and outlying areas through the De- tion with any projects constructed in whole or funds appropriated to support activities con- partment of Education Appropriations Act, 2001 part with Federal funds provided under this sec- ducted under section 411 of the National Edu- for carrying out part A, title I of the Elementary tion; or cation Statistics Act of 1994 may be used to pay and Secondary Education Act of 1965, for (B) stadiums or other facilities primarily used for the administration of State assessment: Pro- awarding grants in accordance with subsection for athletic contests or exhibitions or other vided further, That of the funds appropriated (b) to local educational agencies to enable them events for which admission is charged to the under section 11305 of part D of title XI of the to make urgent repairs and renovations to pub- general public. ESEA, $1,500,000 shall be used to conduct a vio- lic school facilities. SEC. 306. (a) FINDINGS.—Congress makes the lence prevention demonstration program and (b)(1) A State entity shall award urgent school following findings: $500,000 to conduct a native American civic edu- renovation grants to local educational agencies (1) The number of students applying for loans cation initiative: Provided further, That under this section on a competitive basis that and claiming to attend foreign institutions has $12,000,000 of the funds appropriated under part includes consideration of each local educational risen from 4,594 students in 1993 to over 12,000 D of title XI shall be used to support activities agency applicant’s— students in the 1998–1999 school year. conducted under section 11306, consistent with (2) Since 1995 there have been at least 25 con- (A) relative percentage of children from low- the distribution specified under section victions of students who fraudulently claimed income families; 11304(2)(b). they were attending a foreign institution, then (B) need for school repairs and renovations; DEPARTMENTAL MANAGEMENT cashed the check issued directly to them, and (C) fiscal capacity; and PROGRAM ADMINISTRATION did not attend the foreign institution. (D) plans to maintain the facilities repaired or (3) Tighter disbursement controls are nec- For carrying out, to the extent not otherwise renovated under the grant. essary to reduce the number of students fraudu- provided, the Department of Education Organi- (2) The Federal share of the cost of each lently applying for loans under title IV of the zation Act, including rental of conference rooms project assisted by funds made available under Higher Education Act of 1965 and claiming they in the District of Columbia and hire of two pas- subsection (a)(2) shall be determined based on are going to attend foreign institutions. Funds senger motor vehicles, $424,212,000. the percentage of the local educational agency’s should not be disbursed for attendance at a for- OFFICE FOR CIVIL RIGHTS attendance that is comprised of children 5 to 17 eign institution unless the foreign institution For expenses necessary for the Office for Civil years of age, inclusive, who are from families can verify that the student is attending the in- Rights, as authorized by section 203 of the De- with incomes below the poverty line (as defined stitution. partment of Education Organization Act, by the Office of Management and Budget and (b) STUDY AND REPORT.— $79,934,000. revised annually in accordance with section (1) STUDY.—The Comptroller General shall OFFICE OF THE INSPECTOR GENERAL 673(2) of the Community Services Block Grant conduct a study regarding— For expenses necessary for the Office of the Act (42 U.S.C. 9902(2)) applicable to a family of (A) Federal student loan disbursements to stu- Inspector General, as authorized by section 212 the size involved for the most recent fiscal year dents attending foreign schools; and of the Department of Education Organization for which data satisfactory to the Secretary are (B) fraud, waste, and abuse in the Federal Act, $38,720,000. available: Family Education Loan Program as the fraud,

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waste, and abuse relates to students receiving tions Act of 1934, an amount which shall be NATIONAL COUNCIL ON DISABILITY funding in order to attend a foreign school. available within limitations specified by that SALARIES AND EXPENSES (2) REPORT.—The Comptroller General shall Act, for the fiscal year 2004, $395,000,000: Pro- For expenses necessary for the National Coun- report to Congress regarding the results of the vided, That no funds made available to the Cor- cil on Disability as authorized by title IV of the study. poration for Public Broadcasting by this Act Rehabilitation Act of 1973, as amended, (3) REPORT CONTENTS.—The report described shall be used to pay for receptions, parties, or $2,830,000. in paragraph (2) shall— similar forms of entertainment for Government NATIONAL EDUCATION GOALS PANEL (A) include information on whether or not officials or employees: Provided further, That For expenses necessary for the National Edu- there are standards that a foreign school must none of the funds contained in this paragraph cation Goals Panel, as authorized by title II, meet for an American student to attend and re- shall be available or used to aid or support any part A of the Goals 2000: Educate America Act, ceive a federally guaranteed student loan; program or activity from which any person is $2,000,000. (B) compare the oversight controls for loans excluded, or is denied benefits, or is discrimi- NATIONAL LABOR RELATIONS BOARD dispensed to students attending foreign schools nated against, on the basis of race, color, na- and domestic institutions; tional origin, religion, or sex: Provided further, SALARIES AND EXPENSES (C) examine the default rates at foreign That in addition to the amounts provided above, For expenses necessary for the National Labor schools that enroll American students receiving $25,000,000, for costs related to digital program Relations Board to carry out the functions vest- federally guaranteed student loans and deter- production, development, and distribution, asso- ed in it by the Labor-Management Relations mine the number of students that are receiving ciated with the transition of public broadcasting Act, 1947, as amended (29 U.S.C. 141–167), and loans in multiple years; and to digital broadcasting, to be awarded as deter- other laws, $226,438,000: Provided, That no part (D) make recommendations for legislative mined by the Corporation in consultation with of this appropriation shall be available to orga- changes that are required to ensure the integrity public radio and television licensees or permit- nize or assist in organizing agricultural laborers of the Federal Family Education Loan Program. tees, or their designated representatives. or used in connection with investigations, hear- SEC. 307. The requirement of section 415C(b)(8) ings, directives, or orders concerning bargaining of the Higher Education Act of 1965 (20 U.S.C. FEDERAL MEDIATION AND CONCILIATION SERVICE units composed of agricultural laborers as re- 1070c-2(b)(8)) shall not apply to a State program SALARIES AND EXPENSES ferred to in section 2(3) of the Act of July 5, 1935 during fiscal year 2001 and the State expendi- For expenses necessary for the Federal Medi- (29 U.S.C. 152), and as amended by the Labor- tures under the State program for fiscal year ation and Conciliation Service to carry out the Management Relations Act, 1947, as amended, 2001 shall be disregarded in calculating the functions vested in it by the Labor Management and as defined in section 3(f) of the Act of June maintenance of effort requirement under that Relations Act, 1947 (29 U.S.C. 171–180, 182–183), 25, 1938 (29 U.S.C. 203), and including in said section for each of the fiscal years 2002 through including hire of passenger motor vehicles; for definition employees engaged in the mainte- 2004, if the State demonstrates, to the satisfac- expenses necessary for the Labor-Management nance and operation of ditches, canals, res- tion of the Secretary of Education, that it— Cooperation Act of 1978 (29 U.S.C. 175a); and for ervoirs, and waterways when maintained or op- (1) allocated all of the funds that the State expenses necessary for the Service to carry out erated on a mutual, nonprofit basis and at least appropriated in fiscal year 2001 for need-based the functions vested in it by the Civil Service 95 percent of the water stored or supplied there- scholarship, grant, and work study assistance to Reform Act, Public Law 95–454 (5 U.S.C. ch. 71), by is used for farming purposes. the programs described in subpart 4 of part A of $40,482,000, including $1,500,000, to remain NATIONAL MEDIATION BOARD title IV of the Higher Education Act of 1965 (20 available through September 30, 2003, for activi- SALARIES AND EXPENSES U.S.C. 1070c et seq.); and ties authorized by the Labor-Management Co- For expenses necessary to carry out the provi- (2) did not participate in the program de- operation Act of 1978 (29 U.S.C. 175a): Provided, sions of the Railway Labor Act, as amended (45 scribed in section 415E of the Higher Education That notwithstanding 31 U.S.C. 3302, fees U.S.C. 151–188), including emergency boards ap- Act of 1965 (20 U.S.C. 1070c-3a) in fiscal year charged, up to full-cost recovery, for special pointed by the President, $10,635,000. 2001. training activities and other conflict resolution OCCUPATIONAL SAFETY AND HEALTH REVIEW This title may be cited as the ‘‘Department of services and technical assistance, including COMMISSION Education Appropriations Act, 2002’’. those provided to foreign governments and inter- SALARIES AND EXPENSES TITLE IV—RELATED AGENCIES national organizations, and for arbitration serv- For expenses necessary for the Occupational ARMED FORCES RETIREMENT HOME ices shall be credited to and merged with this ac- Safety and Health Review Commission (29 For expenses necessary for the Armed Forces count, and shall remain available until ex- U.S.C. 661), $8,964,000. pended: Provided further, That fees for arbitra- Retirement Home to operate and maintain the RAILROAD RETIREMENT BOARD tion services shall be available only for edu- United States Soldiers’ and Airmen’s Home and DUAL BENEFITS PAYMENTS ACCOUNT cation, training, and professional development the United States Naval Home, to be paid from For payment to the Dual Benefits Payments of the agency workforce: Provided further, That funds available in the Armed Forces Retirement Account, authorized under section 15(d) of the the Director of the Service is authorized to ac- Home Trust Fund, $71,440,000, of which Railroad Retirement Act of 1974, $146,000,000, cept and use on behalf of the United States gifts $9,812,000 shall remain available until expended which shall include amounts becoming available of services and real, personal, or other property for construction and renovation of the physical in fiscal year 2002 pursuant to section in the aid of any projects or functions within plants at the United States Soldiers’ and Air- 224(c)(1)(B) of Public Law 98–76; and in addi- the Director’s jurisdiction. men’s Home and the United States Naval Home: tion, an amount, not to exceed 2 percent of the Provided, That, notwithstanding any other pro- FEDERAL MINE SAFETY AND HEALTH REVIEW amount provided herein, shall be available pro- vision of law, a single contract or related con- COMMISSION portional to the amount by which the product of tracts for development and construction, to in- SALARIES AND EXPENSES recipients and the average benefit received ex- ceeds $146,000,000: Provided, That the total clude construction of a long-term care facility at For expenses necessary for the Federal Mine amount provided herein shall be credited in 12 the United States Naval Home, may be employed Safety and Health Review Commission (30 approximately equal amounts on the first day of which collectively include the full scope of the U.S.C. 801 et seq.), $6,939,000. project: Provided further, That the solicitation each month in the fiscal year. and contract shall contain the clause ‘‘avail- INSTITUTE OF MUSEUM AND LIBRARY SERVICES FEDERAL PAYMENTS TO THE RAILROAD ability of funds’’ found at 48 CFR 52.232–18 and OFFICE OF LIBRARY SERVICES: GRANTS AND RETIREMENT ACCOUNTS 252.232–7007, Limitation of Government Obliga- ADMINISTRATION For payment to the accounts established in tions. For carrying out subtitle B of the Museum the Treasury for the payment of benefits under CORPORATION FOR NATIONAL AND COMMUNITY and Library Services Act, $168,078,000, of which the Railroad Retirement Act for interest earned SERVICE $11,081,000 shall be for projects authorized by on unnegotiated checks, $150,000, to remain available through September 30, 2003, which DOMESTIC VOLUNTEER SERVICE PROGRAMS, section 262 of such Act, notwithstanding section 221(a)(1)(B). shall be the maximum amount available for pay- OPERATING EXPENSES ment pursuant to section 417 of Public Law 98– For expenses necessary for the Corporation MEDICARE PAYMENT ADVISORY COMMISSION 76. for National and Community Service to carry SALARIES AND EXPENSES LIMITATION ON ADMINISTRATION out the provisions of the Domestic Volunteer For expenses necessary to carry out section For necessary expenses for the Railroad Re- Service Act of 1973, as amended, $321,276,000: tirement Board for administration of the Rail- Provided, That none of the funds made avail- 1805 of the Social Security Act, $8,500,000, to be transferred to this appropriation from the Fed- road Retirement Act and the Railroad Unem- able to the Corporation for National and Com- ployment Insurance Act, $97,700,000, to be de- munity Service in this Act for activities author- eral Hospital Insurance and the Federal Supple- mentary Medical Insurance Trust Funds. rived in such amounts as determined by the ized by part E of title II of the Domestic Volun- Board from the railroad retirement accounts NATIONAL COMMISSION ON LIBRARIES AND teer Service Act of 1973 shall be used to provide and from moneys credited to the railroad unem- INFORMATION SCIENCE stipends or other monetary incentives to volun- ployment insurance administration fund. teers or volunteer leaders whose incomes exceed SALARIES AND EXPENSES LIMITATION ON THE OFFICE OF INSPECTOR 125 percent of the national poverty level. For necessary expenses for the National Com- GENERAL CORPORATION FOR PUBLIC BROADCASTING mission on Libraries and Information Science, For expenses necessary for the Office of In- For payment to the Corporation for Public established by the Act of July 20, 1970 (Public spector General for audit, investigatory and re- Broadcasting, as authorized by the Communica- Law 91–345, as amended), $1,495,000. view activities, as authorized by the Inspector

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General Act of 1978, as amended, not more than Social Security Administration information SEC. 502. No part of any appropriation con- $6,480,000, to be derived from the railroad retire- technology and telecommunications hardware tained in this Act shall remain available for ob- ment accounts and railroad unemployment in- and software infrastructure, including related ligation beyond the current fiscal year unless surance account: Provided, That none of the equipment and non-payroll administrative ex- expressly so provided herein. funds made available in any other paragraph of penses associated solely with this information SEC. 503. (a) No part of any appropriation this Act may be transferred to the Office; used technology and telecommunications infrastruc- contained in this Act shall be used, other than to carry out any such transfer; used to provide ture: Provided further, That reimbursement to for normal and recognized executive-legislative any office space, equipment, office supplies, the trust funds under this heading for expendi- relationships, for publicity or propaganda pur- communications facilities or services, mainte- tures for official time for employees of the Social poses, for the preparation, distribution, or use of nance services, or administrative services for the Security Administration pursuant to section any kit, pamphlet, booklet, publication, radio, Office; used to pay any salary, benefit, or 7131 of title 5, United States Code, and for facili- television, or video presentation designed to sup- award for any personnel of the Office; used to ties or support services for labor organizations port or defeat legislation pending before the pay any other operating expense of the Office; pursuant to policies, regulations, or procedures Congress or any State legislature, except in or used to reimburse the Office for any service referred to in section 7135(b) of such title shall presentation to the Congress or any State legis- provided, or expense incurred, by the Office: be made by the Secretary of the Treasury, with lature itself. Provided further, That funds made available interest, from amounts in the general fund not (b) No part of any appropriation contained in under the heading in this Act, or subsequent otherwise appropriated, as soon as possible after this Act shall be used to pay the salary or ex- Departments of Labor, Health and Human Serv- such expenditures are made. penses of any grant or contract recipient, or ices, and Education, and Related Agencies Ap- From funds provided under the first para- agent acting for such recipient, related to any propriations Act, may be used for any audit, in- graph, not less than $200,000,000 shall be avail- activity designed to influence legislation or ap- vestigation, or review of the Medicare program. able for conducting continuing disability re- propriations pending before the Congress or any views. State legislature. SOCIAL SECURITY ADMINISTRATION SEC. 504. The Secretaries of Labor and Edu- In addition to funding already available cation are authorized to make available not to PAYMENTS TO SOCIAL SECURITY TRUST FUNDS under this heading, and subject to the same exceed $20,000 and $15,000, respectively, from For payment to the Federal Old-Age and Sur- terms and conditions, $433,000,000, to remain funds available for salaries and expenses under vivors Insurance and the Federal Disability In- available until September 30, 2003, for con- titles I and III, respectively, for official recep- surance trust funds, as provided under sections tinuing disability reviews as authorized by sec- tion and representation expenses; the Director 201(m), 217(g), 228(g), and 1131(b)(2) of the So- tion 103 of Public Law 104–121 and section 10203 of the Federal Mediation and Conciliation Serv- cial Security Act, $434,400,000. of Public Law 105–33. The term ‘‘continuing dis- SPECIAL BENEFITS FOR DISABLED COAL MINERS ice is authorized to make available for official ability reviews’’ means reviews and redetermina- reception and representation expenses not to ex- For carrying out title IV of the Federal Mine tions as defined under section 201(g)(1)(A) of the ceed $2,500 from the funds available for ‘‘Sala- Safety and Health Act of 1977, $332,840,000, to Social Security Act, as amended. ries and expenses, Federal Mediation and Con- remain available until expended. In addition, $100,000,000 to be derived from ciliation Service’’; and the Chairman of the Na- For making, after July 31 of the current fiscal administration fees in excess of $5.00 per supple- tional Mediation Board is authorized to make year, benefit payments to individuals under title mentary payment collected pursuant to section available for official reception and representa- IV of the Federal Mine Safety and Health Act of 1616(d) of the Social Security Act or section tion expenses not to exceed $2,500 from funds 1977, for costs incurred in the current fiscal 212(b)(3) of Public Law 93–66, which shall re- available for ‘‘Salaries and expenses, National year, such amounts as may be necessary. main available until expended. To the extent Mediation Board’’. For making benefit payments under title IV of that the amounts collected pursuant to such sec- SEC. 505. Notwithstanding any other provision the Federal Mine Safety and Health Act of 1977 tion 1616(d) or 212(b)(3) in fiscal year 2002 ex- of this Act, no funds appropriated under this for the first quarter of fiscal year 2003, ceed $100,000,000, the amounts shall be available Act shall be used to carry out any program of $108,000,000, to remain available until expended. in fiscal year 2003 only to the extent provided in distributing sterile needles or syringes for the SUPPLEMENTAL SECURITY INCOME PROGRAM advance in appropriations Acts. hypodermic injection of any illegal drug unless For carrying out titles XI and XVI of the So- From funds previously appropriated for this the Secretary of Health and Human Services de- cial Security Act, section 401 of Public Law 92– purpose, any unobligated balances at the end of termines that such programs are effective in pre- 603, section 212 of Public Law 93–66, as amend- fiscal year 2001 shall be available to continue venting the spread of HIV and do not encourage ed, and section 405 of Public Law 95–216, includ- Federal-State partnerships which will evaluate the use of illegal drugs. ing payment to the Social Security trust funds means to promote Medicare buy-in programs SEC. 506. (a) It is the sense of the Congress for administrative expenses incurred pursuant targeted to elderly and disabled individuals that, to the greatest extent practicable, all to section 201(g)(1) of the Social Security Act, under titles XVIII and XIX of the Social Secu- equipment and products purchased with funds $21,277,412,000, to remain available until ex- rity Act. made available in this Act should be American- pended: Provided, That any portion of the OFFICE OF INSPECTOR GENERAL made. funds provided to a State in the current fiscal (INCLUDING TRANSFER OF FUNDS) (b) In providing financial assistance to, or en- tering into any contract with, any entity using year and not obligated by the State during that For expenses necessary for the Office of In- funds made available in this Act, the head of year shall be returned to the Treasury. spector General in carrying out the provisions of each Federal agency, to the greatest extent In addition, $200,000,000, to remain available the Inspector General Act of 1978, as amended, practicable, shall provide to such entity a notice until September 30, 2003, for payment to the So- $19,000,000, together with not to exceed describing the statement made in subsection (a) cial Security trust funds for administrative ex- $56,000,000, to be transferred and expended as penses for continuing disability reviews as au- by the Congress. authorized by section 201(g)(1) of the Social Se- (c) If it has been finally determined by a court thorized by section 103 of Public Law 104–121 curity Act from the Federal Old-Age and Sur- and section 10203 of Public Law 105–33. The or Federal agency that any person intentionally vivors Insurance Trust Fund and the Federal affixed a label bearing a ‘‘Made in America’’ in- term ‘‘continuing disability reviews’’ means re- Disability Insurance Trust Fund. views and redeterminations as defined under scription, or any inscription with the same In addition, an amount not to exceed 3 per- meaning, to any product sold in or shipped to section 201(g)(1)(A) of the Social Security Act, cent of the total provided in this appropriation as amended. the United States that is not made in the United may be transferred from the ‘‘Limitation on Ad- States, the person shall be ineligible to receive For making, after June 15 of the current fiscal ministrative Expenses’’, Social Security Admin- any contract or subcontract made with funds year, benefit payments to individuals under title istration, to be merged with this account, to be made available in this Act, pursuant to the de- XVI of the Social Security Act, for unantici- available for the time and purposes for which barment, suspension, and ineligibility proce- pated costs incurred for the current fiscal year, this account is available: Provided, That notice dures described in sections 9.400 through 9.409 of such sums as may be necessary. of such transfers shall be transmitted promptly title 48, Code of Federal Regulations. For making benefit payments under title XVI to the Committees on Appropriations of the SEC. 507. When issuing statements, press re- of the Social Security Act for the first quarter of House and Senate. leases, requests for proposals, bid solicitations fiscal year 2003, $10,790,000,000, to remain avail- UNITED STATES INSTITUTE OF PEACE and other documents describing projects or pro- able until expended. OPERATING EXPENSES grams funded in whole or in part with Federal LIMITATION ON ADMINISTRATIVE EXPENSES money, all grantees receiving Federal funds in- For necessary expenses of the United States For necessary expenses, including the hire of cluded in this Act, including but not limited to Institute of Peace as authorized in the United two passenger motor vehicles, and not to exceed State and local governments and recipients of States Institute of Peace Act, $15,207,000. $35,000 for official reception and representation Federal research grants, shall clearly state: (1) expenses, not more than $7,035,000,000 may be TITLE V—GENERAL PROVISIONS the percentage of the total costs of the program expended, as authorized by section 201(g)(1) of SEC. 501. The Secretaries of Labor, Health and or project which will be financed with Federal the Social Security Act, from any one or all of Human Services, and Education are authorized money; (2) the dollar amount of Federal funds the trust funds referred to therein: Provided, to transfer unexpended balances of prior appro- for the project or program; and (3) percentage That not less than $1,800,000 shall be for the So- priations to accounts corresponding to current and dollar amount of the total costs of the cial Security Advisory Board: Provided further, appropriations provided in this Act: Provided, project or program that will be financed by non- That unobligated balances at the end of fiscal That such transferred balances are used for the governmental sources. year 2002 not needed for fiscal year 2002 shall same purpose, and for the same periods of time, SEC. 508. (a) None of the funds appropriated remain available until expended to invest in the for which they were originally appropriated. under this Act, and none of the funds in any

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trust fund to which funds are appropriated unique health identifier for an individual (ex- SEC. 516. (a) FINDINGS.—The Senate finds the under this Act, shall be expended for any abor- cept in an individual’s capacity as an employer following: tion. or a health care provider), until legislation is (1) The Low-Income Home Energy Assistance (b) None of the funds appropriated under this enacted specifically approving the standard. Program (referred to in this section as Act, and none of the funds in any trust fund to SEC. 514. None of the funds in this Act for the ‘‘LIHEAP’’) is the primary Federal program which funds are appropriated under this Act, Departments of Labor, Health and Human Serv- available to help low-income households, the el- shall be expended for health benefits coverage ices, and Education may be used to make a derly, and individuals with disabilities pay their that includes coverage of abortion. grant unless the House and Senate Committees home energy bills. (c) The term ‘‘health benefits coverage’’ means on Appropriations are notified not less than (2) Congress provided $300,000,000 in emer- the package of services covered by a managed three full business days before any discretionary gency funding for LIHEAP in the Supplemental care provider or organization pursuant to a con- grant awards or cooperative agreement, totaling Appropriations Act, 2001 because regular appro- tract or other arrangement. $500,000 or more is announced by these depart- priations were insufficient to help States offset SEC. 509. (a) The limitations established in the ments from any discretionary grant program the increase in high utility bills during the win- preceding section shall not apply to an abor- other than emergency relief programs: Provided, ter of 2000–2001. tion— That no notification shall involve funds that (3) Congress expected that half of the emer- (1) if the pregnancy is the result of an act of are not available for obligation. gency funding would be made available for tar- rape or incest; or SEC. 515. Section 102 of the Secure Rural geted assistance to States with the most critical (2) in the case where a woman suffers from a Schools and Community Self-Determination Act needs, and half would be given to help States physical disorder, physical injury, or physical of 2000 (16 U.S.C. 500 note) is amended by add- address unmet energy assistance needs resulting illness, including a life-endangering physical ing at the end the following: from the extraordinary price increases in home condition caused by or arising from the preg- ‘‘(f) STATE CONTRIBUTIONS.— heating fuels and residential natural gas, expe- nancy itself, that would, as certified by a physi- ‘‘(1) SUPPLEMENT, NOT SUPPLANT.— rienced during the winter of 2000–2001. cian, place the woman in danger of death unless ‘‘(A) IN GENERAL.—Effective October 1, 2002, (4) In the winter of 2000–2001, there was a 30 an abortion is performed. the portion of the funds made available to a percent increase in households receiving (b) Nothing in the preceding section shall be State to carry out this section for a fiscal year LIHEAP assistance in large part due to the high construed as prohibiting the expenditure by a that exceeds the baseline funding for the State price of home energy and severe weather. State, locality, entity, or private person of State, shall be used to supplement and not supplant (5) In the winter of 2000–2001, the LIHEAP local, or private funds (other than a State’s or State (including local) public funds expended to program was only able to serve 17 percent of the locality’s contribution of Medicaid matching provide free public education. 29,000,000 households eligible for LIHEAP assist- funds). ‘‘(B) DEFINITIONS.—In this paragraph: ance. (c) Nothing in the preceding section shall be ‘‘(i) BASELINE FUNDING.—The term ‘baseline (6) In the winter of 2000–2001— construed as restricting the ability of any man- funding’, used with respect to a State, means (A) heating oil prices were 36 percent higher aged care provider from offering abortion cov- the funds made available to the State to carry than in the winter of 1999–2000, and residential erage or the ability of a State or locality to con- out this section for fiscal year 2000, increased or natural gas cost 42 percent more per cubic foot tract separately with such a provider for such decreased by the same percentage as the per- than in the winter of 1999–2000; and (B) the weather was 10 percent colder than in coverage with State funds (other than a State’s centage by which the Consumer Price Index for the winter of 1999–2000. or locality’s contribution of Medicaid matching All Urban Consumers (United States city aver- (7) In the winter of 2000–2001, record cold funds). age), published by the Secretary of Labor, has weather and high home energy bills took a fi- SEC. 510. (a) None of the funds made available increased or decreased by June of the preceding nancial toll on low-income families and the el- in this Act may be used for— fiscal year from such Index for June 2000. derly who spend, on average, 19.5 percent of (1) the creation of a human embryo or em- ‘‘(ii) FREE PUBLIC EDUCATION.—The term ‘free their annual income on energy bills, as com- bryos for research purposes; or public education’ has the meaning given the (2) research in which a human embryo or em- pared to 3.7 percent for all other households. term in section 14101 of the Elementary and Sec- (8) Families in the United States need emer- bryos are destroyed, discarded, or knowingly ondary Education Act of 1965 (20 U.S.C. 8801). gency LIHEAP funding to pay home energy bills subjected to risk of injury or death greater than ‘‘(2) MAINTENANCE OF EFFORT.— from the winter of 2000–2001 and restore heat as that allowed for research on fetuses in utero ‘‘(A) IN GENERAL.—Effective October 1, 2002, a the succeeding winter approaches. under 45 CFR 46.208(a)(2) and section 498(b) of State may receive funds under this section for a (9) More citizens will need LIHEAP assistance the Public Health Service Act (42 U.S.C. fiscal year only if the Secretary of Education in fiscal year 2002 due to the recent increase in 289g(b)). finds that the aggregate expenditure of the State unemployment and the slowing economy. (b) For purposes of this section, the term with respect to the provision of free public edu- (10) States are being forced to draw down fis- ‘‘human embryo or embryos’’ includes any orga- cation by such State for the preceding fiscal cal year 2002 LIHEAP funds in order to address nism, not protected as a human subject under 45 year was not less than 100 percent of the base- unmet needs from fiscal year 2001 and help low- CFR 46 as of the date of the enactment of this line expenditure for the State. income households pay overdue home energy Act, that is derived by fertilization, par- ‘‘(B) USE OF FUNDS.—If a State fails to receive bills. thenogenesis, cloning, or any other means from funds under this section for a fiscal year in ac- (11) Emergency LIHEAP funding will provide one or more human gametes or human diploid cordance with subparagraph (A), the Secretary States with critical resources to help provide as- cells. of the Treasury shall use the funds to make sistance to residents. SEC. 511. (a) None of the funds made available payments to the other States, in proportion to (b) SENSE OF THE SENATE.—It is the sense of in this Act may be used for any activity that the amounts already received by the other the Senate that the President should imme- promotes the legalization of any drug or other States under this section for the fiscal year. diately release the $300,000,000 in emergency substance included in schedule I of the sched- ‘‘(C) WAIVER.—The Secretary of the Treasury funding for LIHEAP provided by the Supple- ules of controlled substances established by sec- may waive the requirements of this paragraph if mental Appropriations Act, 2001. tion 202 of the Controlled Substances Act (21 the Secretary determines that such a waiver SEC. 517. (a) Section 10 of the Native Hawai- U.S.C. 812). would be equitable due to— ian Health Care Improvement Act (42 U.S.C. (b) The limitation in subsection (a) shall not ‘‘(i) exceptional or uncontrollable cir- 11709) is amended— apply when there is significant medical evidence cumstances such as a natural disaster; or (1) in subsection (a) in the matter preceding of a therapeutic advantage to the use of such ‘‘(ii) a precipitous decline in the financial re- paragraph (1), by striking ‘‘Kamehameha drug or other substance or that federally spon- sources of the State. School/Bishop Estate’’ and inserting ‘‘Papa Ola sored clinical trials are being conducted to de- ‘‘(D) DEFINITIONS.—In this paragraph: Lokahi’’; and termine therapeutic advantage. ‘‘(i) AGGREGATE EXPENDITURE.—The term ‘ag- (2) in subsection (b)(1)(C), by striking ‘‘Kame- SEC. 512. None of the funds made available in gregate expenditure’, used with respect to a hameha School/Bishop Estate’’ and inserting this Act may be obligated or expended to enter State, shall not include any funds received by ‘‘Papa Ola Lokahi’’. into or renew a contract with an entity if— the State under this Act. (b) Section 338K(a) of the Public Health Serv- (1) such entity is otherwise a contractor with ‘‘(ii) BASELINE EXPENDITURE.—The term ‘base- ice Act (42 U.S.C. 254s(a)) is amended by strik- the United States and is subject to the require- line expenditure’, used with respect to a State, ing ‘‘Kamehameha School/Bishop Estate’’ and ment in section 4212(d) of title 38, United States means the aggregate expenditure of the State inserting ‘‘Papa Ola Lokahi’’. Code, regarding submission of an annual report with respect to the provision of free public edu- SEC. 518. (a) REPORT.—Not later than 180 days to the Secretary of Labor concerning employ- cation by such State for fiscal year 2000, in- after the date of enactment of this Act, the ment of certain veterans; and creased or decreased by the same percentage as Comptroller General of the United States shall (2) such entity has not submitted a report as the percentage by which the Consumer Price submit a report to the Committee on Finance required by that section for the most recent year Index for All Urban Consumers (United States and the Committee on Health, Education, for which such requirement was applicable to city average), published by the Secretary of Labor, and Pensions of the Senate and to the such entity. Labor, has increased or decreased by June of Committee on Energy and Commerce and the SEC. 513. None of the funds made available in the preceding fiscal year from such Index for Committee on Ways and Means of the House of this Act may be used to promulgate or adopt June 2000. Representatives on the matters described in sub- any final standard under section 1173(b) of the ‘‘(iii) FREE PUBLIC EDUCATION.—The term ‘free section (b) with respect to the administrative Social Security Act (42 U.S.C. 1320d–2(b)) pro- public education’ has the meaning given the simplification requirements of the Health Insur- viding for, or providing for the assignment of, a term in paragraph (1).’’. ance Portability and Accountability Act of 1996

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 6333 E:\CR\FM\A06NO6.047 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11471 (Public Law 104–191; 110 Stat. 2021) and pro- may promulgate regulations to carry out this (3) to ensure that, for properties that undergo grams administered by State and local units of section. mortgage restructurings pursuant to that Act, government. SEC. 520. Nothing in section 134 of H.R. 2217 reserves are set at adequate levels to allow the (b) MATTERS STUDIES.—For purposes of sub- shall be construed to overturn or otherwise ef- properties to meet their long-term affordability section (a), the matters described in this sub- fect the decision of the U.S. Court of Appeals for requirements; section include the following: the Tenth Circuit in the case of Sac and Fox (4) to ensure that properties that undergo (1) An assessment of Federal programs admin- Nation v. Norton, 240 F.3d 1250 (10th Cir.2001), mortgage restructurings pursuant to that Act istered by State and local units of government, or to permit gaming under the Indian Gaming are operated efficiently, and that operating ex- including local educational agencies, explicitly Regulatory Act on lands described in section 123 penses are sufficient to ensure the long-term fi- required to implement the administrative sim- of Public Law 106–291 or any lands contiguous nancial and physical integrity of the properties; plification requirements under provisions of the to such lands that have or have not been taken (5) to ensure that properties that undergo rent Health Insurance Portability and Account- into trust by the Secretary of the Interior. restructurings have adequate resources to main- ability Act of 1996. SEC. 521. Amounts made available under this tain the properties in good condition; (2) An assessment of other Federal and non- Act for the administrative and related expenses (6) to ensure that the Office of Multifamily Federal programs administered by State and for departmental management for the Depart- Housing Assistance Restructuring of the Depart- local units of government, including local edu- ment of Labor, the Department of Health and ment of Housing and Urban Development con- cational agencies, that will be required to imple- Human Services, and the Department of Edu- tinues to focus on the portfolio of properties eli- ment the administrative simplification require- cation, shall be reduced on a pro rata basis by gible for restructuring under that Act; ments of the Health Insurance Portability and $98,500,000: Provided, That this provision shall (7) to ensure that the Department of Housing Accountability Act of 1996 in order to exchange not apply to the Food and Drug Administration and Urban Development carefully tracks the electronic health data with private sector pro- and the Indian Health Service: Provided fur- condition of those properties on an ongoing viders and insurers. ther, That not later than 15 days after the en- basis; (3) An analysis of the costs that will be in- actment of this Act, the Director of the Office of (8) to ensure that tenant groups, nonprofit or- curred by State and local units of government, Management and Budget shall report to the ganizations, and public entities continue to including local educational agencies, to imple- Senate Committee on Appropriations the ac- have the resources for building the capacity of ment the administrative simplification require- counts subject to the pro rata reductions and tenant organizations in furtherance of the pur- ments of the Health Insurance Portability and the amount to be reduced in each account. poses of subtitle A of that Act; and (9) to encourage the Office of Multifamily Accountability Act of 1996 in programs described TITLE VI—EXTENSION OF MARK-TO-MAR- Housing Assistance Restructuring to continue to in paragraph (1) or (2). KET PROGRAM FOR MULTIFAMILY AS- (4) An analysis of Federal resources available provide participating administrative entities, in- SISTED HOUSING to units of State and local government, includ- cluding public participating administrative enti- ing local educational agencies, for implementing SEC. 601. SHORT TITLE AND TABLE OF CON- ties, with the flexibility to respond to specific the administrative simplification requirements of TENTS. problems that individual cases may present, the Health Insurance Portability and Account- (a) SHORT TITLE.—This title may be cited as while ensuring consistent outcomes around the ability Act of 1996 in programs described in the ‘‘Mark-to-Market Extension Act of 2001’’. country. paragraph (1) or (2). (b) TABLE OF CONTENTS.—The table of con- tents for this title is as follows: SEC. 603. EFFECTIVE DATE. (5) An assessment of guidance provided to Except as provided in sections 616(a)(2), State and local units of government, including TITLE VI—EXTENSION OF MARK-TO-MAR- 633(b), and 634(b), this title and the amendments local educational agencies, by the Centers for KET PROGRAM FOR MULTIFAMILY AS- made by this title shall take effect or are deemed Medicare and Medicaid Services and the De- SISTED HOUSING to have taken effect, as appropriate, on the ear- partment of Health and Human Services on the Sec. 601. Short title and table of contents. lier of— implementation of the administrative simplifica- Sec. 602. Purposes. (1) the date of the enactment of this title; or tion requirements of the Health Insurance Port- Sec. 603. Effective date. (2) September 30, 2001. ability and Accountability Act of 1996 in pro- Subtitle A—Multifamily Housing Mortgage and Subtitle A—Multifamily Housing Mortgage grams described in paragraph (1) or (2). Assistance Restructuring and Section 8 Con- and Assistance Restructuring and Section 8 (6) An assessment of the coordination between tract Renewal Contract Renewal the Centers for Medicare and Medicaid Services, the Department of Health and Human Services, Sec. 611. Definitions. SEC. 611. DEFINITIONS. and other Federal agencies on the implementa- Sec. 612. Mark-to-market program amendments. Section 512 of the Multifamily Assisted Hous- tion of the administrative simplification require- Sec. 613. Consistency of rent levels under en- ing Reform and Affordability Act of 1997 (42 ments of the Health Insurance Portability and hanced voucher assistance and U.S.C. 1437f note) is amended by adding at the Accountability Act of 1996 in Federal programs rent restructurings. end the following new paragraph: administered by State and local units of govern- Sec. 614. Eligible inclusions for renewal rents of ‘‘(19) OFFICE.—The term ‘Office’ means the ment, including local educational agencies, in partially assisted buildings. Office of Multifamily Housing Assistance Re- programs described in paragraph (1) or (2). Sec. 615. Eligibility of restructuring projects for structuring established under section 571.’’. (c) DEFINITION.—In this section, the term ‘‘ad- miscellaneous housing insurance. SEC. 612. MARK-TO-MARKET PROGRAM AMEND- ministrative simplification requirements’’ means Sec. 616. Technical corrections. MENTS. all standards for transactions, data elements for Subtitle B—Office of Multifamily Housing (a) FUNDING FOR TENANT AND NONPROFIT such transactions, unique health identifiers, Assistance Restructuring PARTICIPATION.—Section 514(f)(3)(A) of the Mul- code sets, security, and privacy issued pursuant Sec. 621. Reauthorization of Office and exten- tifamily Assisted Housing Reform and Afford- to sections 262 and 264 of the Health Insurance sion of program. ability Act of 1997 (42 U.S.C. 1437f note) is Portability and Accountability Act of 1996. Sec. 622. Appointment of Director. amended— SEC. 519. (a) DEFINITION.—In this section the Sec. 623. Vacancy in position of Director. (1) by striking ‘‘Secretary may provide not term ‘‘qualified magistrate judge’’ means any Sec. 624. Oversight by Federal Housing Commis- more than $10,000,000 annually in funding’’ and person who— sioner. inserting ‘‘Secretary shall make available not (1) retired as a magistrate judge before Novem- Sec. 625. Limitation on subsequent employment. more than $10,000,000 annually in funding, which amount shall be in addition to any ber 15, 1988; and Subtitle C—Miscellaneous Housing Program amounts made available under this subpara- (2) on the date of filing an election under sub- Amendments section (b)— graph and carried over from previous years,’’; (A) is serving as a recalled magistrate judge Sec. 631. Extension of CDBG public services cap and on a full-time basis under section 636(h) of title exception. (2) by striking ‘‘entities), and for tenant serv- 28, United States Code; and Sec. 632. Use of section 8 enhanced vouchers for ices,’’ and inserting ‘‘entities), for tenant serv- (B) has completed at least 5 years of full-time prepayments. ices, and for tenant groups, nonprofit organiza- recall service. Sec. 633. Prepayment and refinancing of loans tions, and public entities described in section (b) ELECTION OF ANNUITY.—The Director of for section 202 supportive hous- 517(a)(5),’’. the Administrative Office of the United States ing. (b) EXCEPTION RENTS.—Section 514(g)(2)(A) of Courts may accept the election of a qualified Sec. 634. Technical correction. the Multifamily Assisted Housing Reform and magistrate judge to— SEC. 602. PURPOSES. Affordability Act of 1997 (42 U.S.C. 1437f note) is (1) receive an annuity under section 377 of The purposes of this title are— amended by striking ‘‘restructured mortgages in title 28, United States Code; and (1) to continue the progress of the Multifamily any fiscal year’’ and inserting ‘‘portfolio re- (2) come within the purview of section 376 of Assisted Housing Reform and Affordability Act structuring agreements’’. such title. of 1997 (referred to in this section as ‘‘that (c) NOTICE TO DISPLACED TENANTS.—Section (c) CREDIT FOR SERVICE.—Full-time recall Act’’); 516(d) of the Multifamily Assisted Housing Re- service performed by a qualified magistrate (2) to ensure that properties that undergo form and Affordability Act of 1997 (42 U.S.C. judge shall be credited for service in calculating mortgage restructurings pursuant to that Act 1437f note) is amended by striking ‘‘Subject to’’ an annuity elected under this section. are rehabilitated to a standard that allows the and inserting the following: (d) REGULATIONS.—The Director of the Ad- properties to meet their long-term affordability ‘‘(1) NOTICE TO CERTAIN RESIDENTS.—The Of- ministrative Office of the United States Courts requirements; fice shall notify any tenant that is residing in a

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 6333 E:\CR\FM\A06NO6.048 pfrm04 PsN: S06PT1 S11472 CONGRESSIONAL RECORD — SENATE November 6, 2001 project or receiving assistance under section 8 of standing any other provision of this title, the SEC. 615. ELIGIBILITY OF RESTRUCTURING the United States Housing Act of 1937 (42 U.S.C. Secretary may treat a project as an eligible mul- PROJECTS FOR MISCELLANEOUS 1437f) at the time of rejection under this section, tifamily housing project for purposes of this title HOUSING INSURANCE. of such rejection, except that the Office may if (I) the project is assisted pursuant to a con- Section 223(a)(7) of the National Housing Act delegate the responsibility to provide notice tract for project-based assistance under section 8 (12 U.S.C. 1715n(a)(7)) is amended— under this paragraph to the participating ad- of the United States Housing Act of 1937 re- (1) by striking ‘‘under this Act: Provided, ministrative entity. newed under section 524 of this Act, (II) the That the principal’’ and inserting the following: ‘‘(2) ASSISTANCE AND MOVING EXPENSES.—Sub- owner consents to such treatment, and (III) the ‘‘under this Act, or an existing mortgage held by ject to’’. project met the requirements of the first sentence the Secretary that is subject to a mortgage re- (d) RESTRUCTURING PLANS FOR TRANSFERS OF of this paragraph for eligibility as an eligible structuring and rental assistance sufficiency PREPAYMENT PROJECTS.—The Multifamily As- multifamily housing project before the initial re- plan pursuant to the Multifamily Assisted Hous- sisted Housing Reform and Affordability Act of newal of the contract under section 524.’’. ing Reform and Affordability Act of 1997 (42 1997 (42 U.S.C. 1437f note) is amended— (g) SECOND MORTGAGES.—Section 517(a) of the U.S.C. 1437f note), provided that— (1) in section 524(e), by adding at the end the Multifamily Assisted Housing Reform and Af- ‘‘(A) the principal’’; following new paragraph: fordability Act of 1997 (42 U.S.C. 1437f note) is (2) by striking ‘‘except that (A)’’ and inserting ‘‘(3) MORTGAGE RESTRUCTURING AND RENTAL amended— ‘‘except that (i)’’; ASSISTANCE SUFFICIENCY PLANS.—Notwith- (1) in paragraph (1)(B), by striking ‘‘no more (3) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; standing paragraph (1), the owner of the project than the’’ and inserting the following: ‘‘not (4) by striking ‘‘(C)’’ and inserting ‘‘(iii)’’; may request, and the Secretary may consider, more than the greater of— (5) by striking ‘‘(D)’’ and inserting ‘‘(iv)’’; mortgage restructuring and rental assistance ‘‘(i) the full or partial payment of claim made (6) by striking ‘‘: Provided further, That a sufficiency plans to facilitate sales or transfers under this subtitle; or mortgage’’ and inserting the following ‘‘; and of properties under this subtitle, subject to an ‘‘(ii) the’’; and ‘‘(B) a mortgage’’; approved plan of action under the Emergency (2) in paragraph (5), by inserting ‘‘of the sec- (7) by striking ‘‘or’’ at the end; and Low Income Housing Preservation Act of 1987 ond mortgage, assign the second mortgage to the (8) by adding at the end the following new (12 U.S.C. 1715l note) or the Low-Income Hous- acquiring organization or agency,’’ after subparagraph: ing Preservation and Resident Homeownership ‘‘terms’’. ‘‘(C) a mortgage that is subject to a mortgage Act of 1990 (12 U.S.C. 4101 et seq.), which plans (h) EXEMPTIONS FROM RESTRUCTURING.—Sec- restructuring and rental assistance sufficiency shall result in a sale or transfer of those prop- tion 514(h)(2) of the Multifamily Assisted Hous- plan pursuant to the Multifamily Assisted Hous- erties.’’; and ing Reform and Affordability Act of 1997 (42 ing Reform and Affordability Act of 1997 (42 (2) in the last sentence of section 512(2), by in- U.S.C. 1437f note) is amended by inserting be- U.S.C. 1437f note) and is refinanced under this serting ‘‘, but does include a project described in fore the semicolon the following: ‘‘, or refi- paragraph may have a term of not more than 30 section 524(e)(3)’’ after ‘‘section 524(e)’’. nanced pursuant to section 811 of the American years; or’’. (e) ADDITION OF SIGNIFICANT FEATURES.—Sec- Homeownership and Economic Opportunity Act SEC. 616. TECHNICAL CORRECTIONS. tion 517 of the Multifamily Assisted Housing Re- of 2000 (12 U.S.C. 1701q note)’’. (a) EXEMPTIONS FROM RESTRUCTURING.— form and Affordability Act of 1997 (42 U.S.C. SEC. 613. CONSISTENCY OF RENT LEVELS UNDER (1) IN GENERAL.—Section 514(h) of the Multi- 1437f note) is amended— ENHANCED VOUCHER ASSISTANCE family Assisted Housing Reform and Afford- (1) by striking subsection (c) (except that the AND RENT RESTRUCTURINGS. ability Act of 1997 (42 U.S.C. 1437f note) is striking of such subsection may not be construed Subtitle A of the Multifamily Assisted Housing amended to read as if the amendment made by to have any effect on the provisions of law Reform and Affordability Act of 1997 (42 U.S.C. section 531(c) of Public Law 106–74 (113 Stat. amended by such subsection, as such subsection 1437f note) is amended by adding at the end the 1116) were made to ‘‘Section 514(h)(1)’’ instead was in effect before the date of the enactment of following new section: of ‘‘Section 514(h)’’. this Act); ‘‘SEC. 525. CONSISTENCY OF RENT LEVELS (2) RETROACTIVE EFFECT.—The amendment (2) in subsection (b)— UNDER ENHANCED VOUCHER AS- made by paragraph (1) of this subsection is (A) in paragraph (7), by striking ‘‘(7)’’ and in- SISTANCE AND RENT deemed to have taken effect on the date of the serting ‘‘(1)’’; and RESTRUCTURINGS. enactment of Public Law 106–74 (113 Stat. 1109). (B) by adding at the end the following new ‘‘(a) IN GENERAL.—The Secretary shall exam- (b) OTHER.—The Multifamily Assisted Hous- paragraph: ine the standards and procedures for deter- ing Reform and Affordability Act of 1997 (42 ‘‘(2) ADDITION OF SIGNIFICANT FEATURES.— mining and establishing the rent standards de- U.S.C. 1437f note) is amended— ‘‘(A) AUTHORITY.—An approved mortgage re- scribed under subsection (b). Pursuant to such (1) in section 511(a)(12), by striking ‘‘this Act’’ structuring and rental assistance sufficiency examination, the Secretary shall establish proce- and inserting ‘‘this title’’; plan may require the improvement of the project dures and guidelines that are designed to ensure (2) in section 513, by striking ‘‘this Act’’ each by the addition of significant features that are that the amounts determined by the various rent place such term appears in subsections (a)(2)(I) not necessary for rehabilitation to the standard standards for the same dwelling units are rea- and (b)(3) and inserting ‘‘this title’’; provided under paragraph (1), such as air con- sonably consistent and reflect rents for com- (3) in section 514(f)(3)(B), by inserting ‘‘Hous- ditioning, an elevator, and additional commu- parable unassisted units in the same area as ing’’ after ‘‘Multifamily’’; nity space. The Secretary shall establish guide- such dwelling units. (4) in section 515(c)(1)(B), by inserting ‘‘or’’ lines regarding the inclusion of requirements re- ‘‘(b) RENT STANDARDS.—The rent standards after the semicolon; garding such additional significant features described in this subsection are as follows: (5) in section 517(b)— under such plans. ‘‘(1) ENHANCED VOUCHERS.—The payment (A) in each of paragraphs (1) through (6), by ‘‘(B) FUNDING.—Significant features added standard for enhanced voucher assistance under capitalizing the first letter of the first word that pursuant to an approved mortgage restructuring section 8(t) of the United States Housing Act of follows the paragraph heading; and rental assistance sufficiency plan may be 1937 (42 U.S.C. 1437f(t)). (B) in each of paragraphs (1) through (5), by paid from the funding sources specified in the ‘‘(2) MARK-TO-MARKET.—The rents derived striking the semicolon at the end and inserting first sentence of paragraph (1)(A). from comparable properties, for purposes of sec- a period; and ‘‘(C) LIMITATION ON OWNER CONTRIBUTION.— tion 514(g) of this Act. (C) in paragraph (6), by striking ‘‘; and’’ at An owner of a project may not be required to ‘‘(3) CONTRACT RENEWAL.—The comparable the end and inserting a period; contribute from non-project resources, toward market rents for the market area, for purposes (6) in section 520(b), by striking ‘‘Banking the cost of any additional significant features of section 524(a)(4) of this Act.’’. and’’; and required pursuant to this paragraph, more than SEC. 614. ELIGIBLE INCLUSIONS FOR RENEWAL (7) in section 573(d)(2), by striking ‘‘Banking 25 percent of the amount of any assistance re- RENTS OF PARTIALLY ASSISTED and’’. ceived for the inclusion of such features. BUILDINGS. ‘‘(D) APPLICABILITY.—This paragraph shall Section 524(a)(4)(C) of the Multifamily As- Subtitle B—Office of Multifamily Housing apply to all eligible multifamily housing sisted Housing Reform and Affordability Act of Assistance Restructuring projects, except projects for which the Secretary 1997 (42 U.S.C. 1437f note) is amended by adding SEC. 621. REAUTHORIZATION OF OFFICE AND EX- and the project owner executed a mortgage re- after the period at the end the following: ‘‘Not- TENSION OF PROGRAM. structuring and rental assistance sufficiency withstanding any other provision of law, the Section 579 of the Multifamily Assisted Hous- plan on or before the date of the enactment of Secretary shall include in such budget-based ing Reform and Affordability Act of 1997 (42 the Mark-to-Market Extension Act of 2001.’’; cost increases costs relating to the project as a U.S.C. 1437f note) is amended— and whole (including costs incurred with respect to (1) by striking subsection (a) and inserting the (3) by inserting after paragraph (6) of sub- units not covered by the contract for assist- following new subsection: section (b) the following: ance), but only (I) if inclusion of such costs is ‘‘(a) REPEALS.— ‘‘(c) REHABILITATION NEEDS AND ADDITION OF requested by the owner or purchaser of the ‘‘(1) MARK-TO-MARKET PROGRAM.—Subtitle A SIGNIFICANT FEATURES.—’’. project, (II) if inclusion of such costs will permit (except for section 524) is repealed effective Oc- (f) LOOK-BACK PROJECTS.—Section 512(2) of capital repairs to the project or acquisition of tober 1, 2006. the Multifamily Assisted Housing Reform and the project by a nonprofit organization, and ‘‘(2) OMHAR.—Subtitle D (except for this sec- Affordability Act of 1997 (42 U.S.C. 1437f note) is (III) to the extent that inclusion of such costs tion) is repealed effective October 1, 2004.’’; amended by adding after the period at the end (or a portion thereof) complies with the require- (2) in subsection (b), by striking ‘‘October 1, of the last sentence the following: ‘‘Notwith- ment under clause (ii).’’. 2001’’ and inserting ‘‘October 1, 2006’’;

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 6333 E:\CR\FM\A06NO6.048 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11473 (3) in subsection (c), by striking ‘‘upon Sep- inserting after ‘‘insurance contract for the mort- health services, except to the extent that the tember 30, 2001’’ and inserting ‘‘at the end of gage for such housing project’’ the following: failure to cover such services would result in a September 30, 2004’’; and ‘‘(including any such mortgage prepayment dur- disparity between the coverage of mental health (4) by striking subsection (d) and inserting the ing fiscal year 1996 or a fiscal year thereafter or and medical and surgical benefits. following new subsection: any insurance contract voluntary termination ‘‘(c) SMALL EMPLOYER EXEMPTION.— ‘‘(d) TRANSFER OF AUTHORITY.—Effective during fiscal year 1996 or a fiscal year there- ‘‘(1) IN GENERAL.—This section shall not apply upon the repeal of subtitle D under subsection after)’’. to any group health plan (and group health in- (a)(2) of this section, all authority and respon- SEC. 633. PREPAYMENT AND REFINANCING OF surance coverage offered in connection with a sibilities to administer the program under sub- LOANS FOR SECTION 202 SUP- group health plan) for any plan year of any em- title A are transferred to the Secretary.’’. PORTIVE HOUSING. ployer who employed an average of at least 2 SEC. 622. APPOINTMENT OF DIRECTOR. (a) IN GENERAL.—Section 811 of the American but not more than 50 employees on business (a) IN GENERAL.—Section 572 of the Multi- Homeownership and Economic Opportunity Act days during the preceding calendar year. family Assisted Housing Reform and Afford- of 2000 (12 U.S.C. 1701q note) is amended by ‘‘(2) APPLICATION OF CERTAIN RULES IN DETER- ability Act of 1997 (42 U.S.C. 1437f note) is striking subsection (e). MINATION OF EMPLOYER SIZE.—For purposes of amended by striking subsection (a) and insert- (b) EFFECTIVENESS UPON DATE OF ENACT- this subsection— ‘‘(A) APPLICATION OF AGGREGATION RULE FOR ing the following new subsection: MENT.—The amendment made by subsection (a) EMPLOYERS.—Rules similar to the rules under ‘‘(a) APPOINTMENT.—The Office shall be of this section shall take effect upon the date of subsections (b), (c), (m), and (o) of section 414 of under the management of a Director, who shall the enactment of this Act and the provisions of the Internal Revenue Code of 1986 shall apply be appointed by the President from among indi- section 811 of the American Homeownership and for purposes of treating persons as a single em- viduals who are citizens of the United States Economic Opportunity Act of 2000 (12 U.S.C. ployer. 1701q note), as amended by subsection (a) of this and have a demonstrated understanding of fi- ‘‘(B) EMPLOYERS NOT IN EXISTENCE IN PRE- section, shall apply as so amended upon such nancing and mortgage restructuring for afford- CEDING YEAR.—In the case of an employer which able multifamily housing.’’. date of enactment, notwithstanding— was not in existence throughout the preceding (1) any authority of the Secretary of Housing (b) APPLICABILITY.—The amendment made by calendar year, the determination of whether and Urban Development to issue regulations to subsection (a) shall apply to the first Director of such employer is a small employer shall be based the Office of Multifamily Housing Assistance implement or carry out the amendments made by on the average number of employees that it is Restructuring of the Department of Housing subsection (a) of this section or the provisions of reasonably expected such employer will employ and Urban Development appointed after the section 811 of the American Homeownership and on business days in the current calendar year. date of the enactment of this Act, and any such Economic Opportunity Act of 2000 (12 U.S.C. ‘‘(C) PREDECESSORS.—Any reference in this Director appointed thereafter. 1701q note); or paragraph to an employer shall include a ref- SEC. 623. VACANCY IN POSITION OF DIRECTOR. (2) any failure of the Secretary of Housing erence to any predecessor of such employer. (a) IN GENERAL.—Section 572 of the Multi- and Urban Development to issue any such regu- ‘‘(d) SEPARATE APPLICATION TO EACH OPTION family Assisted Housing Reform and Afford- lations authorized. OFFERED.—In the case of a group health plan ability Act of 1997 (42 U.S.C. 1437f note) is SEC. 634. TECHNICAL CORRECTION. that offers a participant or beneficiary two or amended by striking subsection (b) and inserting (a) IN GENERAL.—Section 101(a) of Public Law more benefit package options under the plan, the following new subsection: 100–77 (42 U.S.C. 11301 note) is amended to read the requirements of this section shall be applied ‘‘(b) VACANCY.—A vacancy in the position of as if the amendment made by section 1 of Public separately with respect to each such option. Director shall be filled by appointment in the Law 106–400 (114 Stat. 1675) were made to ‘‘Sec- ‘‘(e) IN-NETWORK AND OUT-OF-NETWORK manner provided under subsection (a). The tion 101’’ instead of ‘‘Section 1’’. RULES.—In the case of a plan or coverage option President shall make such an appointment not (b) RETROACTIVE EFFECT.—The amendment that provides in-network mental health benefits, later than 60 days after such position first be- made by subsection (a) of this section is deemed out-of-network mental health benefits may be comes vacant.’’. to have taken effect immediately after the enact- provided using treatment limitations or finan- (b) APPLICABILITY.—The amendment made by ment of Public Law 106–400 (114 Stat. 1675). cial requirements that are not comparable to the subsection (a) shall apply to any vacancy in the TITLE VII—MENTAL HEALTH EQUITY limitations and requirements applied to medical position of Director of the Office of Multifamily and surgical benefits if the plan or coverage SEC. 701. SHORT TITLE. Housing Assistance Restructuring of the Depart- provides such in-network mental health benefits This title may be cited as the ‘‘Mental Health ment of Housing and Urban Development which in accordance with subsection (a) and provides Equitable Treatment Act of 2001’’. occurs or exists after the date of the enactment reasonable access to in-network providers and of this Act. SEC. 702. AMENDMENT TO THE EMPLOYEE RE- facilities. TIREMENT INCOME SECURITY ACT ‘‘(f) DEFINITIONS.—For purposes of this sec- SEC. 624. OVERSIGHT BY FEDERAL HOUSING OF 1974. COMMISSIONER. tion— (a) IN GENERAL.—Section 712 of the Employee (a) IN GENERAL.—Section 578 of the Multi- ‘‘(1) FINANCIAL REQUIREMENTS.—The term ‘fi- Retirement Income Security Act of 1974 (29 nancial requirements’ includes deductibles, co- family Assisted Housing Reform and Afford- U.S.C. 1185a) is amended to read as follows: ability Act of 1997 (42 U.S.C. 1437f note) is insurance, co-payments, other cost sharing, and ‘‘SEC. 712. MENTAL HEALTH PARITY. amended to read as follows: limitations on the total amount that may be ‘‘(a) IN GENERAL.—In the case of a group paid by a participant or beneficiary with respect ‘‘SEC. 578. OVERSIGHT BY FEDERAL HOUSING health plan (or health insurance coverage of- COMMISSIONER. to benefits under the plan or health insurance fered in connection with such a plan) that pro- ‘‘All authority and responsibilities assigned coverage and shall include the application of vides both medical and surgical benefits and under this subtitle to the Secretary shall be car- annual and lifetime limits. mental health benefits, such plan or coverage ried out through the Assistant Secretary of the ‘‘(2) MEDICAL OR SURGICAL BENEFITS.—The shall not impose any treatment limitations or fi- Department of Housing and Urban Development term ‘medical or surgical benefits’ means bene- nancial requirements with respect to the cov- who is the Federal Housing Commissioner.’’. fits with respect to medical or surgical services, erage of benefits for mental illnesses unless com- (b) REPORT.—The second sentence of section as defined under the terms of the plan or cov- parable treatment limitations or financial re- 573(b) of the Multifamily Assisted Housing Re- erage (as the case may be), but does not include quirements are imposed on medical and surgical form and Affordability Act of 1997 (42 U.S.C. mental health benefits. benefits. 1437f note) is amended by striking ‘‘Secretary’’ ‘‘(3) MENTAL HEALTH BENEFITS.—The term ‘‘(b) CONSTRUCTION.— and inserting ‘‘Assistant Secretary of the De- ‘mental health benefits’ means benefits with re- ‘‘(1) IN GENERAL.—Nothing in this section partment of Housing and Urban Development spect to services, as defined under the terms and shall be construed as requiring a group health who is the Federal Housing Commissioner’’. conditions of the plan or coverage (as the case plan (or health insurance coverage offered in may be), for all categories of mental health con- SEC. 625. LIMITATION ON SUBSEQUENT EMPLOY- connection with such a plan) to provide any MENT. ditions listed in the Diagnostic and Statistical mental health benefits. Section 576 of the Multifamily Assisted Hous- Manual of Mental Disorders, Fourth Edition ‘‘(2) MEDICAL MANAGEMENT OF MENTAL ing Reform and Affordability Act of 1997 (42 (DSM IV–TR), or the most recent edition if dif- HEALTH BENEFITS.—Consistent with subsection ferent than the Fourth Edition, if such services U.S.C. 1437f note) is amended by striking ‘‘2- (a), nothing in this section shall be construed to year period’’ and inserting ‘‘1-year period’’. are included as part of an authorized treatment prevent the medical management of mental plan that is in accordance with standard proto- Subtitle C—Miscellaneous Housing Program health benefits, including through concurrent cols and such services meet the plan or issuer’s Amendments and retrospective utilization review and utiliza- medical necessity criteria. Such term does not SEC. 631. EXTENSION OF CDBG PUBLIC SERVICES tion management practices, preauthorization, include benefits with respect to the treatment of CAP EXCEPTION. and the application of medical necessity and ap- substance abuse or chemical dependency. Section 105(a)(8) of the Housing and Commu- propriateness criteria applicable to behavioral ‘‘(4) TREATMENT LIMITATIONS.—The term nity Development Act of 1974 (42 U.S.C. health and the contracting and use of a net- ‘treatment limitations’ means limitations on the 5305(a)(8)) is amended by striking ‘‘through work of participating providers. frequency of treatment, number of visits or days 2001’’ and inserting ‘‘through 2003’’. ‘‘(3) NO REQUIREMENT OF SPECIFIC SERVICES.— of coverage, or other similar limits on the dura- SEC. 632. USE OF SECTION 8 ENHANCED VOUCH- Nothing in this section shall be construed as re- tion or scope of treatment under the plan or cov- ERS FOR PREPAYMENTS. quiring a group health plan (or health insur- erage.’’. Section 8(t)(2) of the United States Housing ance coverage offered in connection with such a (b) EFFECTIVE DATE.—The amendment made Act of 1937 (42 U.S.C. 1437f(t)(2)) is amended by plan) to provide coverage for specific mental by subsection (a) shall take effect on January 1,

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 6333 E:\CR\FM\A06NO6.048 pfrm04 PsN: S06PT1 S11474 CONGRESSIONAL RECORD — SENATE November 6, 2001 2003 and shall apply with respect to plan years and surgical benefits if the plan or coverage the enactment of this title has a negative impact beginning on or after such date. provides such in-network mental health benefits on the income and balances of the trust funds SEC. 703. AMENDMENT TO THE PUBLIC HEALTH in accordance with subsection (a) and provides established under section 201 of the Social Secu- SERVICE ACT RELATING TO THE reasonable access to in-network providers and rity Act (42 U.S.C. 401), the Secretary shall GROUP MARKET. facilities. transfer, not less frequently than quarterly, (a) IN GENERAL.—Section 2705 of the Public ‘‘(f) DEFINITIONS.—For purposes of this sec- from the general revenues of the Federal Gov- Health Service Act (42 U.S.C. 300gg–5) is amend- tion— ernment an amount sufficient so as to ensure ed to read as follows: ‘‘(1) FINANCIAL REQUIREMENTS.—The term ‘fi- that the income and balances of such trust ‘‘SEC. 2705. MENTAL HEALTH PARITY. nancial requirements’ includes deductibles, co- funds are not reduced as a result of the enact- insurance, co-payments, other cost sharing, and ‘‘(a) IN GENERAL.—In the case of a group ment of such title. health plan (or health insurance coverage of- limitations on the total amount that may be SEC. 707. CONGRESSIONAL BUDGET ACT. fered in connection with such a plan) that pro- paid by a participant, beneficiary or enrollee Notwithstanding Rule 3 of the Budget vides both medical and surgical benefits and with respect to benefits under the plan or health Scorekeeping Guidelines set forth in the joint mental health benefits, such plan or coverage insurance coverage and shall include the appli- explanatory statement of the committee of con- shall not impose any treatment limitations or fi- cation of annual and lifetime limits. ference accompanying Conference Report 105– ‘‘(2) MEDICAL OR SURGICAL BENEFITS.—The nancial requirements with respect to the cov- 217, the provisions of this title that would have term ‘medical or surgical benefits’ means bene- erage of benefits for mental illnesses unless com- been estimated by the Office of Management fits with respect to medical or surgical services, parable treatment limitations or financial re- and Budget as changing direct spending or re- as defined under the terms of the plan or cov- quirements are imposed on medical and surgical ceipts under section 252 of the Balanced Budget erage (as the case may be), but does not include benefits. and Emergency Deficit Control Act of 1985 were mental health benefits. ‘‘(b) CONSTRUCTION.— it included in an Act other than an appropria- ‘‘(3) MENTAL HEALTH BENEFITS.—The term ‘‘(1) IN GENERAL.—Nothing in this section ‘mental health benefits’ means benefits with re- tions Act shall be treated as direct spending or shall be construed as requiring a group health spect to services, as defined under the terms and receipts legislation, as appropriate, under sec- plan (or health insurance coverage offered in conditions of the plan or coverage (as the case tion 252 of the Balanced Budget and Emergency connection with such a plan) to provide any may be), for all categories of mental health con- Deficit Control Act of 1985, and by the Chair- mental health benefits. ditions listed in the Diagnostic and Statistical man of the Senate Budget Committee, as appro- ‘‘(2) MEDICAL MANAGEMENT OF MENTAL Manual of Mental Disorders, Fourth Edition priate, under the Congressional Budget Act. HEALTH BENEFITS.—Consistent with subsection (DSM IV–TR), or the most recent edition if dif- TITLE VIII—INFORMATION ON (a), nothing in this section shall be construed to ferent than the Fourth Edition, if such services PASSENGERS AND CARGO prevent the medical management of mental are included as part of an authorized treatment SEC. 801. MANDATORY ADVANCED ELECTRONIC health benefits, including through concurrent plan that is in accordance with standard proto- INFORMATION FOR AIR CARGO AND and retrospective utilization review and utiliza- cols and such services meet the plan or issuer’s PASSENGERS ENTERING THE tion management practices, preauthorization, medical necessity criteria. Such term does not UNITED STATES. and the application of medical necessity and ap- include benefits with respect to the treatment of (a) AIR CARGO INFORMATION.— propriateness criteria applicable to behavioral substance abuse or chemical dependency. (1) IN GENERAL.—Section 431(b) of the Tariff health and the contracting and use of a net- ‘‘(4) TREATMENT LIMITATIONS.—The term Act of 1930 (19 U.S.C. 1431(b)) is amended— work of participating providers. ‘treatment limitations’ means limitations on the (A) by striking ‘‘(b) PRODUCTION OF MANI- ‘‘(3) NO REQUIREMENT OF SPECIFIC SERVICES.— frequency of treatment, number of visits or days FEST.—Any manifest’’ and inserting the fol- Nothing in this section shall be construed as re- of coverage, or other similar limits on the dura- lowing: quiring a group health plan (or health insur- tion or scope of treatment under the plan or cov- ‘‘(b) PRODUCTION OF MANIFEST.— ance coverage offered in connection with such a erage.’’. ‘‘(1) IN GENERAL.—Any manifest’’; plan) to provide coverage for specific mental (b) EFFECTIVE DATE.—The amendment made (B) by indenting the margin of paragraph (1), health services, except to the extent that the by paragraph (1) shall take effect on January 1, as so designated, two ems; and failure to cover such services would result in a 2003 and shall apply with respect to plan years (C) by adding at the end the following new disparity between the coverage of mental health beginning on or after such date. paragraph: and medical and surgical benefits. SEC. 704. PREEMPTION. ‘‘(2) ADDITIONAL INFORMATION.— ‘‘(c) SMALL EMPLOYER EXEMPTION.— Nothing in the amendments made by this title ‘‘(A) IN GENERAL.—In addition to any other ‘‘(1) IN GENERAL.—This section shall not apply shall be construed to preempt any provision of requirement under this section, every air carrier to any group health plan (and group health in- State law, with respect to health insurance cov- required to make entry or obtain clearance surance coverage offered in connection with a erage offered by a health insurance issuer in under the customs laws of the United States, the group health plan) for any plan year of any em- connection with a group health plan, that pro- pilot, the master, operator, or owner of such ployer who employed an average of at least 2 vides protections to enrollees that are greater carrier (or the authorized agent of such owner but not more than 50 employees on business than the protections provided under such or operator) shall provide by electronic trans- days during the preceding calendar year. amendments. Nothing in the amendments made mission cargo manifest information specified in ‘‘(2) APPLICATION OF CERTAIN RULES IN DETER- by this title shall be construed to affect or mod- subparagraph (B) in advance of such entry or MINATION OF EMPLOYER SIZE.—For purposes of ify section 514 of the Employee Retirement In- clearance in such manner, time, and form as the this subsection— come Security Act of 1974 (29 U.S.C. 1144). Secretary shall prescribe. The Secretary may ex- ‘‘(A) APPLICATION OF AGGREGATION RULE FOR SEC. 705. GENERAL ACCOUNTING OFFICE STUDY. clude any class of air carrier for which the Sec- EMPLOYERS .—Rules similar to the rules under (a) STUDY.—The Comptroller General shall retary concludes the requirements of this sub- subsections (b), (c), (m), and (o) of section 414 of conduct a study that evaluates the effect of the paragraph are not necessary. the Internal Revenue Code of 1986 shall apply implementation of the amendments made by this ‘‘(B) INFORMATION REQUIRED.—The informa- for purposes of treating persons as a single em- title on the cost of health insurance coverage, tion specified in this subparagraph is as follows: ployer. access to health insurance coverage (including ‘‘(i) The port of arrival or departure, which- ‘‘(B) EMPLOYERS NOT IN EXISTENCE IN PRE- the availability of in-network providers), the ever is applicable. CEDING YEAR.—In the case of an employer which quality of health care, and other issues as deter- ‘‘(ii) The carrier code, prefix code, or, both. was not in existence throughout the preceding mined appropriate by the Comptroller General. ‘‘(iii) The flight or trip number. calendar year, the determination of whether (b) REPORT.—Not later than 2 years after the ‘‘(iv) The date of scheduled arrival or date of such employer is a small employer shall be based date of enactment of this Act, the Comptroller scheduled departure, whichever is applicable. on the average number of employees that it is General shall prepare and submit to the appro- ‘‘(v) The request for permit to proceed to the reasonably expected such employer will employ priate committees of Congress a report con- destination, if applicable. on business days in the current calendar year. taining the results of the study conducted under ‘‘(vi) The numbers and quantities from the ‘‘(C) PREDECESSORS.—Any reference in this subsection (a). master and house air waybill or bills of lading. paragraph to an employer shall include a ref- SEC. 706. NO IMPACT ON SOCIAL SECURITY ‘‘(vii) The first port of lading of the cargo. erence to any predecessor of such employer. TRUST FUND. ‘‘(viii) A description and weight of the cargo. ‘‘(d) SEPARATE APPLICATION TO EACH OPTION (a) IN GENERAL.—Nothing in this title (or an ‘‘(ix) The shippers name and address from all OFFERED.—In the case of a group health plan amendment made by this title) shall be con- air waybills or bills of lading. that offers a participant or beneficiary two or strued to alter or amend the Social Security Act ‘‘(x) The consignee name and address from all more benefit package options under the plan, (or any regulation promulgated under that Act). air waybills or bills of lading. the requirements of this section shall be applied (b) TRANSFERS.— ‘‘(xi) Notice that actual boarded quantities are separately with respect to each such option. (1) ESTIMATE OF SECRETARY.—The Secretary not equal to air waybill or bills of lading quan- ‘‘(e) IN-NETWORK AND OUT-OF-NETWORK of the Treasury shall annually estimate the im- tities. RULES.—In the case of a plan or coverage option pact that the enactment of this title has on the ‘‘(xii) Transfer or transit information. that provides in-network mental health benefits, income and balances of the trust funds estab- ‘‘(xiii) Warehouse or other location of the out-of-network mental health benefits may be lished under section 201 of the Social Security cargo. provided using treatment limitations or finan- Act (42 U.S.C. 401). ‘‘(xiv) Such other information as the Sec- cial requirements that are not comparable to the (2) TRANSFER OF FUNDS.—If, under paragraph retary, by regulation, determines is reasonably limitations and requirements applied to medical (1), the Secretary of the Treasury estimates that necessary to ensure aviation transportation

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 6333 E:\CR\FM\A06NO6.048 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11475 safety pursuant to the laws enforced or adminis- EXECUTIVE SESSION Thurmond Voinovich Wellstone tered by the Customs Service. Torricelli Warner Wyden ‘‘(3) AVAILABILITY OF INFORMATION.—Infor- The nomination was confirmed. mation provided under paragraph (2) may be f shared with other departments and agencies of NOMINATION OF M. CHRISTINA the Federal Government, including the Depart- ARMIJO, OF NEW MEXICO, TO BE LEGISLATIVE SESSION ment of Transportation and the law enforce- UNITED STATES DISTRICT The PRESIDING OFFICER. The Sen- ment agencies of the Federal Government, for JUDGE FOR THE DISTRICT OF ate will now return to legislative ses- purposes of protecting the national security of NEW MEXICO sion. the United States.’’. The PRESIDING OFFICER. Under The Senator from Nevada is recog- (2) CONFORMING AMENDMENTS.—Subpara- the previous order, the Senate will go nized. graphs (A) and (C) of section 431(d)(1) of such f Act are each amended by inserting before the into executive session to consider Cal- semicolon ‘‘or subsection (b)(2)’’. endar No. 512, which the clerk will re- UNANIMOUS CONSENT AGREE- port. MENT—EXECUTIVE CALENDAR (b) PASSENGER INFORMATION.—Part II of title The legislative clerk read the nomi- IV of the Tariff Act of 1930 is amended by in- Mr. REID. Mr. President, I ask unan- serting after section 431 the following new sec- nation of M. Christina Armijo, of New imous consent that at 5:30 p.m. today tion: Mexico, to be United States District the Senate proceed to executive session Judge for the District of New Mexico. to consider Executive Calendars Nos. ‘‘SEC. 432. PASSENGER AND CREW MANIFEST IN- Mr. LEAHY. Mr. President, I urge all FORMATION REQUIRED FOR AIR 513 and 514; that there be 5 minutes for CARRIERS. Senators to vote for Ms. Armijo. debate equally divided between the I also thank both Senator DOMENICI ‘‘(a) IN GENERAL.—For every person arriving chairman and ranking member; that or departing on an air carrier required to make and Senator BINGAMAN for working upon the use or yielding back of that entry or obtain clearance under the customs with the committee and with the Presi- time, the Senate vote on the confirma- laws of the United States, the pilot, the master, dent to help complete her confirma- tion of each of these nominations; that operator, or owner of such carrier (or the au- tion. In fact, when she is confirmed, we upon disposition of the nominations thorized agent of such owner or operator) shall will have confirmed as many district the President be immediately notified provide, by electronic transmission, manifest in- judges since July as we confirmed in formation specified in subsection (b) in advance of the Senate’s action, and the Senate the entire first year of the first Bush return to legislative session. of such entry or clearance in such manner, time, administration. and form as the Secretary shall prescribe. The PRESIDING OFFICER. Without I thank the Senators for working to- objection, it is so ordered. ‘‘(b) INFORMATION.—The information specified gether. It made our job much easier. YEAS AND NAYS in this subsection with respect to a person is— Both Senators strongly support her. Mr. REID. Mr. President, as in execu- ‘‘(1) full name; I ask for the yeas and nays. tive session, I ask unanimous consent The PRESIDING OFFICER. Is there a ‘‘(2) date of birth and citizenship; that it be in order to request the yeas sufficient second? ‘‘(3) sex; and nays on the two nominations with There is a sufficient second. ‘‘(4) passport number and country of issuance; one show of seconds. The yeas and nays were ordered. The PRESIDING OFFICER. Without ‘‘(5) United States visa number or resident The PRESIDING OFFICER (Mr. NEL- alien card number, as applicable; objection, it is so ordered. SON of Nebraska). The question is, Will Mr. REID. Mr. President, prior to ‘‘(6) passenger name record; and the Senate advise and consent to the moving to the bill—we have the man- ‘‘(7) such other information as the Secretary, nomination of M. Christina Armijo, of agers here on the DC bill—there has by regulation, determines is reasonably nec- New Mexico, to be United States Dis- been conversation with the minority. essary to ensure aviation transportation safety trict Judge for the District of New The two managers have spoken, and we pursuant to the laws enforced or administered Mexico? On this question, the yeas and by the Customs Service. have every hope of finishing this bill nays have been ordered, and the clerk early tomorrow. There are at least two ‘‘(c) AVAILABILITY OF INFORMATION.—Infor- will call the roll. amendments at this time. There has mation provided under this section may be The assistant legislative clerk called been a tentative agreement on time for shared with other departments and agencies of the roll. the Federal Government, including the Depart- those amendments, and it appears that The result was announced—yeas 100, we can start them early in the morning ment of Transportation and the law enforce- nays 0, as follows: ment agencies of the Federal Government, for and finish them shortly thereafter. purposes of protecting the national security of [Rollcall Vote No. 325 Ex.] Hopefully, there would be nothing the United States.’’. YEAS—100 more. (c) DEFINITION.—Section 401 of the Tariff Act Akaka Domenici Lieberman At the appropriate time, we will have of 1930 (19 U.S.C. 1401) is amended by adding at Allard Dorgan Lincoln a unanimous consent in relation to the the end the following new subsection: Allen Durbin Lott whole bill. Baucus Edwards Lugar Mr. President, I ask for the yeas and ‘‘(t) AIR CARRIER.—The term ‘air carrier’ Bayh Ensign McCain means an air carrier transporting goods or pas- Bennett Enzi McConnell nays on the nominations. sengers for payment or other consideration, in- Biden Feingold Mikulski The PRESIDING OFFICER. Is there a cluding money or services rendered.’’. Bingaman Feinstein Miller Bond Fitzgerald sufficient second? Murkowski (d) EFFECTIVE DATE.—The amendments made Boxer Frist There is a sufficient second. Murray Breaux Graham The yeas and nays were ordered. by this section shall take effect 45 days after the Nelson (FL) date of enactment of this Act. Brownback Gramm f Bunning Grassley Nelson (NE) This Act may be cited as the ‘‘Departments of Burns Gregg Nickles DISTRICT OF COLUMBIA Reed Labor, Health and Human Services, and Edu- Byrd Hagel APPROPRIATIONS ACT, 2002 cation, and Related Agencies Appropriations Campbell Harkin Reid Act, 2002’’. Cantwell Hatch Roberts The PRESIDING OFFICER. Under Carnahan Helms Rockefeller the previous order, the committee is The PRESIDING OFFICER. Under Carper Hollings Santorum Chafee Hutchinson Sarbanes discharged from the consideration of the previous order, the President will Cleland Hutchison Schumer H.R. 2944, and the Senate will proceed be notified of the Senate’s action, and Clinton Inhofe Sessions to its consideration. The clerk will re- Cochran Inouye the Chair appoints Mr. HARKIN, Mr. Shelby port. Collins Jeffords Smith (NH) HOLLINGS, Mr. INOUYE, Mr. REID, Mr. Conrad Johnson Smith (OR) The legislative clerk read as follows: KOHL, Mrs. MURRAY, Ms. LANDRIEU, Mr. Corzine Kennedy Snowe A bill (H.R. 2944) making appropriations Craig Kerry Specter for the government of the District of Colum- BYRD, Mr. SPECTER, Mr. COCHRAN, Mr. Crapo Kohl Stabenow Daschle Kyl bia and other activities chargeable in whole GREGG, Mr. CRAIG, Mrs. HUTCHISON, Mr. Stevens Dayton Landrieu or in part against the revenues of said Dis- STEVENS, and Mr. DEWINE, conferees on DeWine Leahy Thomas trict for the fiscal year ending September 30, the part of the Senate. Dodd Levin Thompson 2002, and for other purposes.

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.048 pfrm04 PsN: S06PT1 S11476 CONGRESSIONAL RECORD — SENATE November 6, 2001 The PRESIDING OFFICER. Under have been used to describe the relation- elimination of some of the time-worn the previous order, the Senate-reported ships between Congress and the Dis- restrictions on the ways the District language is adopted as the substitute. trict have been old ones such as ‘‘par- can spend some of its local funding. In (The amendment (No. 2106) is printed tisanship’’ and ‘‘bickering,’’ a battle- our States, we all have cities and juris- in today’s RECORD under ‘‘Amendments ground for competing ideologies that dictions that want to be and should be Submitted and Proposed.’’) might have been better fought on a autonomous in terms of the ordinances The PRESIDING OFFICER. The Sen- broader theater or on a broader battle- they propose and on what they choose ator from Louisiana is recognized. ground. to spend their money. Ms. LANDRIEU. Mr. President, as Sometimes I think our District has Too often, in my opinion, Congress has been agreed to, I am pleased to been treated as a national guinea pig has stepped in to try to micromanage, bring the District of Columbia appro- instead of the Nation’s Capital. I hope, supersede, mandate, and attach too priations bill to the floor with my col- as we bring the bill to the floor this many strings to the way in which this league and partner, the Senator from year, we can use new words to describe city wanted to spend its own resources. Ohio, Mr. DEWINE. We will speak this this partnership—instead of ‘‘partisan- Again, it is its own tax dollars spent by afternoon as we bring this bill to the ship,’’ ‘‘partnership’’—words such as its own elected board. I have tried in floor and then entertain any amend- ‘‘trust’’ and ‘‘respect,’’ respect for local appropriate ways to eliminate in this ments which should be limited on this decisionmaking, which I think is so mark many of those riders or measures bill. important in this relationship with the that were placed not because of the I say it is fine work the two of us District. issues to which they pertain, but be- have done with our committee mem- Instead of a battleground, I hope we cause of the principle. bers to try to reconcile some of the dif- can find common ground to build on ferences in this bill and to bring for- some of the principles and issues that I want this mark to suggest that we ward a bill we can support in a bipar- are important not only to the District are entering an era, hopefully, of mu- tisan fashion. I thank the Senator from but to our country. tual respect and partnership, trust and Ohio for his great work and his dili- I would like to think this bill rep- respect of local decisionmaking. I gence, particularly in some very im- resents a thrust toward economic vital- would expect that for the city of New portant areas in this legislation that ity. The ranking member and I believe Orleans, for the city of Baton Rouge, we lay out. very strongly in job creation in the and for the city of Lafayette. Senator Also, I recognize the staff who has District, along with the Mayor and DEWINE, I am sure, expects that for the been very helpful to us in preparing City Council, obviously, and we want city of Cleveland. We should have no this important piece of legislation. to do what we can to make sure there less of a level of appreciation for the They will be with us in the Chamber is vitality. District of Columbia. today. In addition, words such as account- The third principle of this bill is a Mr. President, this total budget be- ability, transparency, excellence in significant investment in child welfare. fore us for the District of Columbia, management, excellence in the edu- This has been one of the mayor’s top our Nation’s Capital, and one of the cation system, and investments in priorities. It has been, I believe, the premier cities, if not the premier city strengthening the health care system citizens’ top priority as, unfortunately, in our Nation, is $7.1 billion. I think it of the District are issues about which 200 children in the last 10 years have is important to note for the purposes of our committee feels very strongly. lost their lives at the hands of people what we are going to be discussing this I commend the work of the Mayor who supposedly love them, supposedly afternoon that $5.3 billion of this and the City Council, and so many oth- were caring for them. They have been money is raised through the local tax ers, particularly the Chief Financial murdered, tortured, and abused be- base, local levies, local ordinances gov- Officer and others on the financial cause the system in DC is not strong erning tax collections and fees paid by front who have helped to lead the Dis- enough. This bill represents an ex- the residents of the District and those trict to a sound financial footing. tremely significant investment in that tourists and citizens who visit the Dis- It is important to note that this is respect. trict. the first budget we will be considering Counting what the city is putting up We also have within this budget $1.7 as a Congress in 5 years that is post- and what the Senator from Ohio and I billion in Federal grants, which in- control board. The control board that have determined is an appropriate in- cludes all of the Federal programs that was in effect and helped bring the Dis- vestment reaches almost $40 million in all of our cities and States participate trict back to relatively strong finan- new money to create and to strengthen in so readily, not the least of which is cial health, even in a time of crisis and the court system creating a new family Medicaid, which is a very familiar pro- challenge, came to an end on Sep- court that will be complementary to gram to many. tember 30. This is the first budget to this effort in hopes to correct this ter- In addition, the area that we have come forward without the control rible situation and reverse this trend. I concentrated our work on mostly is the board being in place. can state this is one of the best provi- $400 million included in this District of As the control board has moved off sions in this bill. Columbia appropriations budget for the scene, what has moved front and In addition, particularly due to 9–11, criminal justice, prisons, and courts; center are the authorities and respon- the $16 million for security invest- under a recent statute the Federal sibilities of the Chief Financial Officer. ments for the District is to help the Government has taken on the responsi- So many of the charges to keep the District establish better management bility to hopefully do a better job—a District in good financial stead will and security plans, and I will go into system that was in some disarray with now lie with the Chief Financial Offi- that in more detail. some unfortunate mismanagement, and cer, and it is my hope that throughout to relieve the District of that financial this year and the coming years we will The other principles are investments responsibility, helping them to get be able to strengthen that office and in education, the environment, and back on good financial footing. So that the systems within the DC government children’s health. Investments are an is the general outline of the moneys in to make sure it is clear who is account- important part of any growth plan for this bill. I will come back to them in able for what and that there is trans- a city or for a State. We can tighten some detail. parency and accountability, because budgets, we can have fiscal discipline, In opening, let me say—and I know without strong finances the District we can try to keep those budgets in Senator DEWINE shares the same hope will never be able to reach all of its balance, but the smart money goes to with me—we can lead in a new way many worthy goals, some of which I those cities that are making long-term with this bill, in a new time, a momen- have just outlined. strategic investments. tous time for our country and for the I wanted to note that before I get We can never overinvest if we spend Nation’s Capital since the unwarranted into my prepared remarks. it wisely in education or the physical and unexpected and tragic attacks of The second principle that is embed- environment, such as bringing back the September 11. Some of the terms that ded in this mark that I present is the Anacostia River, the Navy Yard, which

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.025 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11477 is an important developmental oppor- agement functions previously per- In addition, we have made note of the tunity for the District, and in chil- formed by the board. The termination progress made by many DC public dren’s health, which Senator DEWINE of several significant receiverships, schools. In particular, the committee has led. particularly in child welfare, indicates has included language and funding in- To restate, the tragic events of Sep- a stronger, more effective, local gov- tended to serve as a catalyst for the tember 11 have reminded us all of the ernment. ever-growing DC charter school move- safety, security, and financial strength With each success, the District gains ment. However, I am concerned about of the District, our Nation’s Capital, more independence. This bill maintains the current financial and management and how it serves as a vital symbol of Congress’ commitment to ensure that challenges of the schools and hope to our national resolve. This bill, as I District officials have the tools they work with the city on this front more said, serves the needs of the District’s need to continue to serve DC and those specifically. police, fire, public health, and emer- who visit the capital. Let me say as an aside, before I get gency management services—the peo- While this is often a challenging role into my conclusion about schools, we ple who are on the front lines today, for the Federal Government to make, all represent hundreds and thousands who were on the front lines on Sep- it is an important one. It is imperative of schools in our own particular States tember 11, and who will be there when Congress work with the city so the and each one of us in our own way has we have another attack. We hope we do foundation of resources are in place to worked with our mayors and our super- not have another attack, but we are ensure this independence will result in intendents and our Governors to help prepared for one and getting better pre- success. To accomplish this, the Appro- reform and uplift and to build a strong- pared every day. priations Committee has worked dili- er school system. In my mind, never Given the strategic importance of gently to forge a partnership for has it been more important than in the maintaining stability in the Nation’s progress between Congress and DC post-September 11 attacks to think Capital, the Appropriations Committee local elected leaders. Determined to be about what our school systems mean to decided to maintain the original fund- a supportive partner of the city’s agen- our democracy. ing for the IMF conference that was da, we have done our best to construct Let me be as clear as I can possibly canceled. Instead of canceling the fund- be on this subject. Pretty good is just ing, we reoriented that funding to be a Federal budget that supplements but not good enough. Schools that do all used for these important security not supplants the city’s efforts to ful- right is just not going to cut it or needs. fill its promise to enrich the lives of In the days after the attack, local of- the citizens in the District. make it happen in the world that we ficials and the media began to detail The bill before us is now evidence the face today. In these challenges, where some of the shortfalls in the present committee shares the city’s vision for it is important for us to understand our emergency protocol. Specifically, arti- quality education, a clean environ- country well, to understand other cles in the Washington Post high- ment, improved child and family wel- countries well, other cultures and lighted the need for coordination and fare, and continued financial strength. other religions, it is important for peo- improvement. I thank Senator MIKUL- In each of these key areas, we have ple to be well educated and well trained SKI and Senator SARBANES for their worked with local officials to deter- and well read and well versed on his- input on this subject, as well as Dele- mine the best course of action for all tory and art and philosophy. It is im- gate NORTON, who is in the Chamber, concerned. portant for our children to have the along with the Mayor and others as we Over the past 10 years, the District of finest education. worked out a security plan that is ro- Columbia has struggled to review and Why? So they can become the kind of bust, a security plan that has redun- reform its child welfare system. I am citizens that not only can govern in dancy built into it, a security plan that certain my colleague from Ohio will this Nation but literally lead the will work for the residents of the Dis- speak in more detail about this because world. The world looks to America for trict, for the thousands of people from he has been such an extraordinary leadership. They do not look nec- the region who visit daily to work and leader in this particular area. essarily to the elected officials of our enjoy the sites, and the millions of peo- First, under the guidance of a court- country for leadership, although we are ple who travel throughout the year to appointed receiver and now under the the voice of the people, but as the peo- celebrate in the Nation’s Capital. direction of a newly-appointed Child ple of the United States that must I expect Mayor Williams and his staff and Family Services Agency, this com- lead. People can lead better when they to give attention to this real and im- mittee would be hard-pressed to find a are well educated and well prepared, mediate concern. I thank them for the greater priority than the well-being well read about the actual character work they are doing, and I look for- and safety of the children of the Dis- and conditions of this world. ward to working with them diligently trict. For this reason, as I said earlier, I hope we really appreciate how im- in the months ahead. we have included a significant increase portant it is for not only the schools in Fiscal year 2002 will be an important in the funding of a family court reform the District of Columbia to work at a year for the District. Overall, the Dis- effort, the Child and Family Services higher and more excellent level but trict has moved from a negative accu- Agency, and Court-Appointed Special how important it is for all of our mulated fund balance of $518 million in Advocates, CASA. schools. I am willing to take on some fiscal year 1996 to a positive fund bal- The ranking member and I believe battles there because we have to think ance of $464 million. That is almost a strongly that investing more money outside of the box, in a new way. We swing of $1 billion in 5 years. That took without reforms, without account- are going to do that in a bipartisan a lot of hard work and a lot of dedica- ability, without principles such as one way, in an appropriate way, to help tion. There was a lot of anguish and a family/one judge, without principles strengthen the schools for every child lot of disagreement about how that such as people should choose to do this in this District, in our Nation’s Cap- should happen, but it did happen. The job because they want to, not because ital, which is host to people from many District is in a positive financial pos- they are forced to, that lawyers should places around the world, to provide a ture due to a lot of hard work, and we take these cases because they want to, quality education, a wonderful edu- want to keep it that way with appro- not because they are forced to, and the cation, not with just a pretty good priate mechanisms, even with the Con- principles that volunteers in court- teacher, not with a good teacher but trol Board moving out of its area of re- rooms looking out for the interests of with a great teacher, a well-motivated sponsibility. The city met all the re- the child will make a difference in that and well-trained teacher, to give chil- quirements under the 1005 Financial child’s life and in that family’s life, are dren the kind of education in partner- Responsibility and Management Assist- crucial to the underpinnings of the re- ship with their parents, to provide that ance Act and is no longer under the form. education for the children to create general supervision of the Control I will be pleased to work with col- better schools, a stronger community, Board. leagues on both sides of the aisle and in a stronger Nation and citizens that can The Chief Financial Officer will begin both Houses of Congress toward that truly lead the world in the decades to fulfill many of the financial man- end. ahead.

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.027 pfrm04 PsN: S06PT1 S11478 CONGRESSIONAL RECORD — SENATE November 6, 2001 Finally, I am proud to say this bill The bill before us today will go a Next, this bill contains $147.3 million includes funding to support education, long way toward ending the suffering for the court services and offender su- public health, economic development of innocent children by providing re- pervision agency, an increase of $34.7 projects. As the mayor and I have both sources to strengthen the District’s million over last year’s level. With said, a community with clean parks, family court system. Today, as Senator these funds, the District will have the beautiful waterways and safe streets is Landrieu has outlined, we are pro- resources to provide drug treatment one in which people are proud to live. viding $140.2 million for the DC court services to over 2,700 offenders in the So if the schools are excellent, they system, an increase of approximately District of Columbia criminal justice serve as an economic catalyst for busi- $35 million over last year’s enacted system, an increase in treatment slots nesses that want to stay in the District level. The majority of these funds will of about 54 percent over last year. Ini- and grow. When there are clean parks be dedicated to improving the family tially, funds will be used to repair and and places where children can play, courts so case workers can adequately renovate the District drug facilities. when the waterways are clean enough address the individual needs of the Some of the money will be used to hire to recreate and to swim in, and when children and the families who come additional drug treatment counselors. the streets are safe, that is what makes into contact with the court system. This increase, which meets the Presi- a great community all the more great, These funds will help implement the dent’s request, is particularly impor- and that is what our hope is for this reforms outlined in the family court tant because 80 percent of the individ- District and for all of the cities that we bill that Senator LANDRIEU and I have uals in the District of Columbia crimi- represent in this great Nation. introduced. These reforms will help the nal justice system have a substance I want to say particularly how im- District hire, train, and equip addi- abuse problem. This is not unique to pressed I am with the work of Mayor tional staff and construct additional the District of Columbia. I saw it when Williams, who has worked tirelessly on courtrooms. I was a county prosecuting attorney. I this and many other fronts. This is It is not a question of money. That is saw it when I was lieutenant governor home for the Federal Government and why we have, as Senator LANDRIEU out- in Ohio. One of my responsibilities was its employees. It seems only right that lined and talked about a moment ago, to oversee the Ohio criminal justice we should do our fair share to see the introduced the family court bill, a bill system. Roughly that 80 percent of the District remains the beautiful place it I hope we will have within a short pe- people in Ohio prisons and our jails had is. riod of time for debate and for passage. substance abuse problems. That is true Amendments may be offered to this We are fulfilling today part of our for the District of Columbia, as well. bill to restrict the District’s ability to commitment to the children of the Dis- Spending money on treatment of peo- use its own locally collected tax reve- trict of Columbia. We need the reforms nues to operate specific programs hun- ple behind bars may not be the most outlined in our DC family court bill, popular thing to do, but it does make dreds of cities across this country oper- and we need the money contained in ate. I hope those amendments will not sense. It is cost effective. It is the right this bill to implement those reforms. thing to do. The sad truth is we already be offered, but if they are, we will de- The family court bill we will take up pay to house, feed, and clothe the pris- bate them with a limited time and later has a fundamental principle. And, oners. Doesn’t it make sense, while we move on so we can get this important that is that we have judges who, every have their attention, while they cannot bill passed and signed by the President. single day, spend 100 percent of their leave, that we work to try to give them In many parts of the country, some time worrying about the children in some drug treatment while they are in of these issues are controversial. the District of Columbia. ‘‘Family prison or jail? Almost every single pris- Throughout the entire country, the court’’ means exactly what the title in- oner will someday walk out the door issue of the direction of local funds is dicates: The judges deal with family and return to society. It makes good something that is universally, I be- problems. They deal with children sense to spend money for drug treat- lieve, supported. every single day. We need these judges Let me conclude by thanking my ment. We do this and provide a signifi- to do this full time—we don’t want ranking member and by saying I am cant increase in the funding of this them to be spending their time on fel- proud to offer this mark, which puts bill. ony trials or other civil cases. We need the District in financial balance with a them to develop the expertise in family Third, the bill includes $16 million to financial surplus, that outlines some of law. Teachers tell me it takes 4 or 5 provide security protection for those the strong principles of education, in- years before an eager new teacher be- living and working in the District of vestments in health and in the environ- Columbia. The September 11 Pentagon ment which will make this city even comes a seasoned, experienced, and ex- cellent teacher. The same is true with tragedy and the tragedy in New York stronger. With the emphasis on secu- and Pennsylvania clearly demonstrated rity and investments we have made, I a judge. Our bill provides that lon- gevity, that experience, that training, the need in every district in this coun- think this mark will serve this city try to have an integrated emergency well for the next many years and in the to focus on our children. Our family court bill also has the management system in place. It cer- decades to come. tainly demonstrated that need in the I yield back the remainder of my basic principle: One judge, one family— again, this is so the children are not District of Columbia. This funding will time. pay for a coordinated emergency plan The PRESIDING OFFICER. The Sen- moved from judge to judge to judge. There needs to be an institutional for the District of Columbia in national ator from Ohio. security situations including, of Mr. DEWINE. Mr. President, I thank memory with that family. If that judge course, terrorist threats, protests, nat- Senator LANDRIEU for her comments knows whom he is dealing with, knows ural disasters, or other unanticipated but, more importantly, for the great what has happened in the past, that events. work she has done over the last few judge can better deal with that family. months. It has been a great pleasure to That is the family court bill. It is not As a condition of receiving these work with the Senator from Louisiana. before us today, but it will be before funds, in this bill, we are requiring Her dedication to her job, her dedica- the Senate, we hope, in the next few that the District develop and submit to tion to children in the District of Co- weeks. Congress a comprehensive plan to im- lumbia, comes out every single day I I don’t have to remind anyone in this prove security measures and proce- meet with her and every time we talk Chamber or anyone who reads the dures in the District of Columbia. about these issues. This bill is truly a newspaper about what a mess the Dis- Fourth, the bill includes funding for reflection of that dedication. trict of Columbia child welfare system the local Federal Police Mobile Wire- Senator LANDRIEU and I have really has been and still is today. There are a less Interoperability Project to provide been partners in our efforts to ensure lot of good people working very hard to equipment to facilitate direct commu- that the children who come into con- change that. I believe we have to do nication to between the D.C. Metro- tact with the court system in the Dis- our part. The bill before the Senate is politan Police, the U.S. Secret Service, trict of Columbia are placed in a safe a downpayment—a downpayment—on the U.S. Park Police, and the U.S. Cap- and a stable environment. that job and that obligation. itol Police. We were pushing this prior

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.029 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11479 to the September 11 attacks. The re- Anyone who has a child has probably begin to build up for the city—and with cent tragedy highlighted how impor- at one time or the other taken that the partnership of the Federal Govern- tant it is that the District’s law en- child to a children’s hospital. My wife, ment and with the city government forcement teams are able to commu- Fran, and I have had that experience and related agencies and, most impor- nicate effectively. It is important in on several occasions. Each time we go tant, with the families of the District— every city in this country, but in this into that setting as very apprehensive, a partnership to help us build and de- city we have a unique problem. Our worried parents, I can tell you it is a velop, over time, hopefully some of the unique problem is we have so many dif- great relief to deal with professionals finest recreation sports fields and fa- ferent agencies that have authority: who know what they are doing, who cilities in the Nation. The D.C. Metropolitan Police, the U.S. know children are not just miniature As Senator DEWINE said, as a parent Secret Service, the U.S. Park Police, adults, that they are different and they of eight children—I am a parent of two and the U.S. Capitol Police. This effort have to be dealt with differently. That and actually am a soccer mom on will coincide with the integrated emer- is something with which I think we weekends here in the District, and in gency planning to help enhance the need to help the District of Columbia Louisiana to some extent also—I am District’s overall response to security and help private agencies that are help- visiting and spending a lot of time with threats. ing the National Children’s Medical soccer moms and soccer dads. I played Briefly, I will mention three other Center to improve its facilities, to im- a little baseball in my day. I know, important initiatives included in this prove its research to better help with growing up in New Orleans, how impor- bill. I am pleased the bill includes our children. So we have provided tant sports and athletics are to the de- funds for the Green Door Mental money in this bill to do that. velopment of our family. I watched Health Clinic to expand the facility. Let me again thank my colleague, how important that was for many Our friend and colleague from New Senator LANDRIEU, for her great work. other families. I think here in the Dis- Mexico, Senator DOMENICI, has been a It has been a pleasure to work with trict there are some wonderful oppor- very strong advocate and supporter of her. As she has indicated, we do have tunities of which we are not fully tak- this program. I thank him for his maybe two or three amendments that ing advantage. strong support and his dedication. The we will, I think, dispose of tomorrow. I I shared this with the mayor. He ex- Green Door is a community program anticipate it will not take us very long pressed not only his commitment but for people with severe and persistent to debate these issues. There were a enthusiasm. The city council and its mental illness. The Green Door pro- couple of issues we just could not get members and leaders in the city, ex- gram serves about 300 people. Of the resolved in the committee. They will pressed their enthusiasm for working people it serves, 70 percent are African be resolved within an hour or two to- with Congress in partnership to help American. Of those 300 people, about 75 morrow, and I hope we will then be create better opportunities for our percent are schizophrenic. able to move, by about mid-day, to children in every neighborhood and In a separate, but equally important final passage of this bill. every area of the city to participate in provision of the bill, we have included I yield the floor. organized sports and to have opportu- funds to assist the D.C. Safe Kids Coa- The PRESIDING OFFICER. The Sen- nities for soccer fields, baseball dia- lition to expand their permanent child ator from Louisiana. monds, and basketball courts. In this safety seat fitting station programs. Ms. LANDRIEU. Mr. President, we particular bill we have a study to be These stations are vital to help reduce will be open for amendments under the conducted for possible locations—close, motor vehicle-related deaths and inju- time agreement in just a few moments. in this region—that could help us build ries—the leading cause of injury-re- I thought I would add a couple of clos- the kind of facilities that are now lated deaths among children age 14 and ing remarks. We may have amend- available in jurisdictions just right under. Funds will help the District dis- ments presented tonight. We are an- outside of the District, in Maryland tribute additional child safety seats to ticipating probably those amendments and Virginia. low-income families. will be presented in the morning. Bond issues have been passed. Great The Safe Kids Coalition is a group I I wanted, for the record, to also corporate partnerships have come to- worked with in Ohio. I have seen their thank not only my distinguished col- gether. So if you live in Maryland or great work in Ohio. I have seen their league from Ohio and ranking member live in Virginia, the chances are on the great work in the District of Columbia. but also the other members of our com- weekend you can get to a soccer field I have seen it across our country. They mittee for their fine work. I thank the that is actually well maintained and are literally saving lives every single Senator from Illinois, Mr. DICK DURBIN, well manicured and kids and parents day. They are doing things that mat- the Senator from Texas, Mrs. can have so much fun and enjoy the ter. The small amount of money we HUTCHISON, and the Senator from beautiful scenery and great oppor- have included in this bill, I believe, Rhode Island, Mr. REED, for their work tunity that sports bring to teach chil- will help them save the lives of chil- and dedication to helping us bring this dren lessons and bring families to- dren in the District of Columbia. bill to the floor, working on all these gether. Finally, this bill provides funding to issues in great detail, conducting meet- Unfortunately, we do not have those the Children’s National Medical Center ings, conducting phone conversations, kinds of extensive facilities in the Dis- to help renovate its facilities, update conferences, meeting with House Mem- trict. It is one of my goals to work its equipment, and provide private bers to resolve many of these issues with the many different organizations areas for families. Each year, the chil- and to work with the local officials in in the city, and the elected officials, to dren’s hospital in the District of Co- such a respectful, progressive, and for- help build a foundation. lumbia provides care to approximately ward-looking way. In addition, I understand the District 200,000 infants, toddlers, youngsters, I also thank my colleague and coun- itself would like to host the Olympics teenagers, from every State in the terpart in the House, Congressman in 2012, which is a wonderful goal. It is Union. Kids from all over the country KNOLLENBERG from Michigan, for his going to be quite a challenge. Building are treated here. Kids travel here, their fine work as a chair on the House side, these sports facilities is not only great families travel here. This children’s and also the Congressman from Phila- for improving the quality of life and hospital really has a national focus. delphia, Mr. FATTAH, for his work on helping give children and families the The Center conducts Federal re- these important issues. kind of experience we all hope for in search for the National Institutes of I want to mention a couple of impor- the communities in which we grow up, Health and supports pediatric special- tant projects. Senator DEWINE men- but it is also a great economic oppor- ists who are nationally and world re- tioned a few. I see some other Senators tunity for the District to position itself nowned. We are very fortunate to have are coming to the floor—Senator SES- as a potential contender for the Olym- the children’s hospital here in the Dis- SIONS and others—but I would like to pics. So I am very keen and very pas- trict of Columbia, the Children’s Na- take a moment to mention a few other sionate and committed to this par- tional Medical Center. We do serve projects that are in this bill. ticular area. children, not just in the District, but One is an investment of a half-mil- In addition, I thank Senator DEWINE throughout the world. lion dollars that I think will help us for his work with Children’s Hospital

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.032 pfrm04 PsN: S06PT1 S11480 CONGRESSIONAL RECORD — SENATE November 6, 2001 and for the investments he has made in Frank, have two beautiful children, the Senate bill total $416 million in creating the children and family court Mary Shannon and Connor. I remember 2002. The Senate bill is at its section system. Let me take a minute on that going to her office, and Mary Shannon 302(b) allocation for both budget au- particular subject. was there on the floor, having recently thority and outlays. The bill does not We hope every child in this country come into her life and all of ours. provide any emergency-designated and the world will stay in the family to I am sure that Mayor Williams can funding. In addition, the bill approves which they were born. I think it is give a very dramatic speech. Senator the District government’s budget for what God intended. It is what we hope LANDRIEU speaks from experience, and 2002, including granting it the author- for and work for every day. But there she speaks volumes. As chairman of ity to spend $7.154 billion of local are facts, tragedies, and circumstances the subcommittee, she is focusing on funds. where children cannot stay with their that which needed to be focused for a The Congress is far behind in passing biological parents. There are some long time in the District of Columbia. the 13 regular appropriations bills for tragedies that have occurred in this I think that says a lot. 2002. Much of this delay is the result of District and in places around the Na- I want everyone within the sound of the extraordinary events of this year. I tion. We are hoping to build a bipar- her voice to understand that she am hopeful that the bipartisan agree- tisan consensus in this country, and I speaks about something which is not ment reached between the President might say in the world, on the simple read in a book. They adopted two beau- and congressional appropriations on notion that all children deserve a fam- tiful children. They are very happy and the 2002 budget earlier this month will ily to call their own. Children should very fortunate children. result in a quick completion of the 2002 not be raised in hospitals, left to grow Ms. LANDRIEU. Mr. President, I appropriations. It is particularly im- up alone on the streets, to comfort thank the Senator. I appreciate those portant that the Senate act expedi- themselves when they are sick, to put remarks. Frank and I are blessed. As tiously to pass this bill, which not only themselves in bed, and get themselves adoptive parents, we can’t believe that provides a limited amount of federal up in the morning at ages at which you we are so blessed to have an oppor- funding to the District, but also, could not believe they could be capable tunity to take children into our home. through the enactment of its budget, of doing that. People think you are doing them a allows the city to obligate and spend It is incumbent upon our Govern- great favor, but actually they do a its own local revenues. ment, working with the private sector great favor by just being the beautiful I ask unanimous consent that a table and nonprofit organizations, to make children that they are. displaying the budget committee scor- sure every child has a family. We want As the Senator said, I am an advo- ing of this bill be printed in the them to stay with their biological fam- cate because I have seen the benefit of RECORD. ilies if at all possible; but if not, to not not only adoptive children but as an There being no objection, the mate- leave them alone or in a situation that adoptive family. I have seen the bene- rial was ordered to be printed in the is not permanent, and move them to fits of birth families and birth mothers RECORD, as follows: adoption. who have made such a selfless decision. So investing in a new court system, Given all of the desires expressed, and S. 1543, DISTRICT OF COLUMBIA APPROPRIATIONS ACT, starting up a family court, is a great the needs of the parties, the least our 2002, SPENDING COMPARISONS—SENATE-REPORTED BILL step toward that goal of helping chil- government can do is to invest some [In millions of dollars] dren to be connected to at least one money and some time to put in struc- General loving, responsible adult. ture and accountability so these purpose Mandatory Total I am proud to say that adoptions in matches can be made. Our whole soci- Senate-reported bill: the District are up, but we still have ety benefits. Budget Authority ...... 408 0 408 too many children in foster care. I am proud that this is in this bill. Outlays ...... 416 0 416 I hope this bill will be the beginning Senate 302(b) allocation:1 I can’t give this speech nearly as well Budget Authority ...... 408 0 408 as the mayor himself, who came out of of new investments in the District pub- Outlays ...... 416 0 416 lic school system, particularly giving House-passed bill: foster care at the age of 4. He was basi- Budget Authority ...... 398 0 398 cally declared to be mentally unfit at more choices for parents in the District Outlays ...... 408 0 408 for charter schools, for magnet schools, President’s request: that age. His emotional capacity was Budget Authority ...... 342 0 342 questioned. His adoptive mother, Ms. and for more public school choice, by Outlays ...... 362 0 362 Williams, gave a beautiful testimony. helping to return ownership of the SENATE-REPORTED BILL She said she looked at this child and schools to the communities and to the COMPARED TO: Senate 302(b) allocation:1 could see something very special in his parents, by breaking down some of the Budget Authority ...... 0 0 0 eyes and decided to take him into her systematic barriers that fight against Outlays ...... 0 0 0 House-passed bill: family. She raised him, and the rest is excellence and greatness, which keeps Budget Authority ...... 10 0 10 history. He went on to a fine university us thinking that mediocrity is what we Outlays ...... 8 0 8 President’s request: and is now mayor of this great city. strive for when that is not the case. We Budget Authority ...... 66 0 66 I hope people can see hope in the strive for excellence. We strive for Outlays ...... 54 0 54 mayor of this city, in him and his greatness in our schools. We have to 1 For enforcement purposes, the budget committee compares the Senate- adoptive family, and what can happen keep pushing forward, thinking in dif- reported bill to the Senate 302(b) allocation. Notes.—Details may not add to totals due to rounding. Totals adjusted when the system works well—to con- ferent ways and helping us stabilize the for consistency with scorekeeping conventions. nect the child who needed a mother middle class as it grows in the District, and father, a mother and father who both black and white and people of all The PRESIDING OFFICER. The Sen- wanted a child, and to see how this races. We cannot stabilize the middle ator from Alabama. community and Nation will benefit class without an excellent school sys- Mr. SESSIONS. I thank the Presi- when that system works. tem. I want to work with members of dent. I express my appreciation for the This bill is committed to laying a local government to help do that. good work of the Senator from Lou- foundation to help this system work I reserve the remainder of my time. isiana on the issues that she described. for the District and hopefully serve as Mr. CONRAD. Mr. President, I rise to I appreciate her commitment to edu- a model for the Nation. offer for the RECORD the Budget Com- cation and to the improvement of edu- Mr. REID. Mr. President, will the mittee’s official scoring for S. 1543, the cation. Senator yield? District of Columbia Appropriations f Ms. LANDRIEU. Yes, of course. Act for Fiscal Year 2002. Mr. REID. Mr. President, I have been The Senate bill provides $408 million THE NOMINATION OF KARON listening to the Senator’s opening re- in discretionary budget authority, OWEN BOWDRE marks, and especially to what she just which will result in new outlays in 2002 Mr. SESSIONS. Mr. President, in just stated, and her humility. She can of $368 million. When outlays from a few minutes we will be voting on a speak with great authority about adop- prior-year budget authority are taken Federal judge nominee for the Federal tion. The Senator and her husband, into account, discretionary outlays for District Court of the Northern District

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.035 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11481 of Alabama, Karon Owen Bowdre. Sen- U.S. District Judge. She will have wide ac- aviation security 100-to-0 in the Sen- ator SHELBY and I are pleased that ceptance from lawyers . . . regardless of ate. It wasn’t a great controversy, just President Bush chose to nominate her. whether they represent plaintiffs or defend- judging by the margin of the vote—100- ants. While my practice is one that rep- Her nomination moved through the resents plaintiffs only, I am convinced that to-0—people here believing that we committee and will be up for a vote in Karon will be fair and competent to all con- needed to improve security of the coun- just a few minutes. cerned and that is all that any lawyer should try’s airlines. Karon Bowdre is a first-rate judicial ask of a judge. She is highly qualified and, in We need to give people a feeling of se- nominee. Karon Bowdre has been a stu- my opinion, will do an outstanding job. curity that when they board an air- dent, a legal practitioner, and a pro- Her integrity, experience, and com- plane their fellow passengers have been fessor of law. She graduated cum laude mitment to the rule of law are out- properly screened, that we have made from the Cumberland School of Law, standing. certain there is not a risk that we are where she served as associate editor of I commend Chairman LEAHY for plac- going to have additional hijackings. the Cumberland Law Review. Cum- ing her on the Senate Judiciary Com- The airport security bill was very im- berland may be the largest school in mittee agenda last month and for mov- portant. We passed it 100-to-0. The Alabama. It is an excellent law school. ing the nomination. I recommend her House of Representatives dragged their After graduating from law school to my colleagues in the Senate without feet and waited and waited and didn’t Mrs. Bowdre served as a law clerk for reservation. act. the Honorable J. Foy Guin, Jr. in the I served for almost 15 years—12 years Finally, they acted. They passed a Federal District of Northern Alabama, as U.S. Attorney and 21⁄2 as Assistant piece of legislation that is deficient. the court to which she has been nomi- U.S. Attorney in the Federal court. Their concern was that the Senate bill nated. She is very familiar with the Those 15 years of practice full-time in would have ‘‘federalized’’ workers at Federal district court, having clerked Federal court gave me a basis to appre- airports who are screening baggage and and practiced there. ciate the value of a good Federal judge. other related activities dealing with Judge Guin, a wonderful Federal When you go to court every day and security. judge, has taken senior status. He was you are there before a Federal judge Let me describe a couple of things number one in his class at the Univer- who has a lifetime appointment, they about security. Yesterday I was in Chi- sity of Alabama School of Law. His fa- can afford to be irritable, if they so cago. I came back by commercial air ther was an excellent practitioner. I choose, and there is nothing you can do from Chicago to Washington, DC. As I had the honor of practicing in his law about it. This knowledge makes you re- picked up the newspaper in the Chicago firm immediately after his going on alize the importance of good Federal airport, I read about the events of the the bench in Birmingham. Mrs. Bowdre judges. previous day, Sunday, at O’Hare Air- has a good background. She clerked for I am confident that Mrs. Bowdre will port. Most people have now heard of the Federal judge in the very district be the kind of judge that will serve the that circumstance on Sunday, but let that she will be serving. Prior to be- litigants and lawyers well that appear me describe it for a moment. It is not coming a full-time professor, Mrs. before her. Day after day and hour an isolated instance. Bowdre spent several years as associate after hour she will give her best service A fellow named Subash Bahadar and partner, practicing law at the well- to the country, and she will give her Gurung, age 27, was arrested Sunday in respected law firm of Rives & Peterson honest and best rulings in case after Chicago on charges that the night be- in Birmingham, our State’s largest case that comes before her. You can’t fore he tried to bring knives, chemical city. Rives & Peterson is an out- ask for more than that. spray, and a stun gun onto an airplane. She has integrity, outstanding legal standing firm and her serving as part- Here is the frightening part of all ability, and broad experience. She will ner in that firm is proof of her legal this: This fellow, who according to be an outstanding Federal judge. I am ability. news reports is in this country ille- During a substantial part of that honored to have submitted her name. I gally, got through the initial screening practice, she litigated a number of am confident she will be confirmed in a with the X-ray machine and reached few minutes. cases in the Federal court system. For the gate to board his airplane. At the I yield the floor. the last 11 years, Mrs. Bowdre has been The PRESIDING OFFICER (Ms. screening they discovered he had two knives. They confiscated the knives, teaching students about the rule of STABENOW). The Senator from North law. As a professor and director of the Dakota. then let him go to the gate. Legal Research and Writing Program At the gate, he went through an ex- at the Cumberland School of Law, she f panded screening and they opened ev- has authored numerous articles on in- AVIATION SECURITY erything he had and discovered he had surance law and legal ethics. She has Mr. DORGAN. Madam President, I seven additional knives, a can of mace, established a reputation as a professor congratulate the Senator from Lou- and a stun gun. I don’t know if the guy who insists on quality work from stu- isiana and the ranking Senator from is a terrorist, but I do know he is stu- dents, and high ideals and high ethics. Ohio for their work on the District of pid. Nine knives, mace, and a stun gun, In addition, she has been called to Columbia Appropriations Act. I am showing up at the airport? testify as a legal expert on insurance pleased to support it, pleased as a There is something else that is issues and has been involved in lec- member of the Appropriations Com- wrong: He got all the way to the gate turing at Continuing Legal Education mittee to support it. with seven of his knives, a stun gun, seminars. I intend to support the judge my col- and a can of mace. Mrs. Bowdre knows how to deal with league from Alabama just described. The Secretary of Transportation had lawyers, with witnesses, and with par- That judge has a commendable record a lot to say about that yesterday. But ties. These experiences have no doubt of public service. I am pleased to sup- the point is this: We don’t have a secu- prepared her for service on the Federal port the President’s nomination. rity system in place that gives people bench. I rise to comment about something confidence. Just ask yourself: If some- Her reputation as a lawyer and as a that is not in the appropriations bill. one can get through O’Hare Airport, scholar has earned her broad support in Then I will speak on an amendment I one of our largest airports, can get the community. I would like to quote a intend to offer. First, on the issue of through the screening process with letter submitted by perhaps one of the aviation security, I believe we are or seven knives and a stun gun and a can most successful plaintiff lawyers in probably have appointed conferees of mace, what kind of confidence does Alabama, Jere Beasley. Even though from the Commerce Committee on the that give people who are traveling? Mrs. Bowdre, as an insurance defense issue of writing an aviation security Let me give you a couple of other attorney, was generally arguing the op- bill in conference between the House suggested incidents that ought to give posite position of Mr. Beasley, he had and Senate. I will be one of those con- us cause for concern. In Westchester this to say on her behalf. ferees. County Airport in New York last Fri- I have known Karon for a number of years It is a shame we have had to wait day, a woman was arrested on charges and believe that she will be an outstanding this long. We passed a bill dealing with of criminal possession of a weapon

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.039 pfrm04 PsN: S06PT1 S11482 CONGRESSIONAL RECORD — SENATE November 6, 2001 when she had a palm-size .22-caliber What happened was, we saw that rorists, violent criminals, and others handgun that showed up on an x-ray of process get hijacked in the House of who should not be allowed into our her luggage. So they caught her at the Representatives by two Congressmen country? Are they? Well, we get the screen. from Texas. Why? Because they said list and we check it against all of these She said: Well, this gun belonged to a they didn’t want these people to be data bases. It has been a very success- boyfriend and besides, it hadn’t shown Federal employees. I don’t care whose ful thing to do. up on an earlier flight. employees they are. All I care about is The problem is we don’t get all of the That gives you a lot of security, accountability. I care about making names. We get 85 percent of the names; doesn’t it, a real feeling of security? something work. I care about getting 15 percent of the names we don’t get. She said: It is my boyfriend’s gun, something done the right way. We don’t get the names from airlines but it didn’t show up on the previous I say to those people who always from Pakistan and Saudi Arabia, and flight when I went through. denigrate public employees: Why don’t we didn’t get them from Kuwait until We can go to Tuesday, a Mississippi you say that to the families of the fire- last week. From Egypt we don’t get man in New Orleans was able to get men who were climbing up on the 25th names, and from Jordan, and I could go through the security checkpoint with a and the 35th and the 45th floors as the on. loaded gun in his carry-on bag, and he World Trade Center was burning and The result is that since the day the was allowed to board a plane at Louis about to come tumbling down on these President signed the counterterrorism Armstrong International Airport. He brave men and women who served on bill on October 26, 178,000 people have got on the plane with this loaded gun. the firefighters force and the law en- landed in this country without having He said he didn’t realize the handgun forcement forces who were in those their names submitted for preclearance was in his briefcase. He discovered it in buildings and lost their lives, say to to our database at the FBI, Customs, the middle of the flight and imme- them that public service doesn’t count. and other law enforcement agencies. diately handed it over to a flight at- Say to them that somehow being a That is an approach that would allow tendant. He said it was a pure accident. public employee is a second class cit- us to weed out suspected terrorists and The question is, How do you get izen. Say it to them or their families. others. through a checkpoint, a screening The fact is, we have an obligation to The Customs Commissioner testified process, with a loaded handgun in your do this right. Security is a responsi- before a committee I chair, and he said briefcase? bility—in this case, at our airports—of this should be made mandatory. I said: Let me describe the company that ours, of the Government. I agree, it should be; let’s ask the air- was screening at O’Hare Airport in Chi- We passed a piece of legislation here lines not complying to do so. So I of- cago this past weekend. Argenbright that was Hollings-McCain, Democrat fered an amendment during the apparently is the largest company that and Republican, a bipartisan piece of counterterrorism bill when it was de- employs screeners around the country. legislation that was supported by 100 bated in the Senate, and the Senate They employ screeners at more than 33 Senators and passed 100-to-0. Then we agreed to it unanimously. That was airports in the United States. In fact, I run into this brick wall—people who that. That bill then went to con- believe they are an international com- object to everything all of their lives. ference, and some people in conference pany that provides services around the They get up in the morning cranky and from the other side said: Gee, I don’t world. can’t find anything right about any- know, this is about our committee ju- They were fined $1.5 million in Octo- thing, and they come up with legisla- risdiction; it didn’t go through our ber of last year and placed on 3 years tion that doesn’t solve a problem. It is committee, therefore we reject it. probation for making false statements just the same old approach that will They kicked it out of conference. So to the FAA concerning training, test- put us back in the same old rut. when President Bush signed that bill, ing, and background checks. In other So as we tackle this question of air- this provision wasn’t there. It means words, they were hiring people with port security, aviation security, as one that the counterterrorism bill, where criminal backgrounds, not training member of the conference, I will insist this was when it left the Senate, did them properly, doing a lot of things, on doing the right thing right now, not not have a central provision that is and lying to the FAA about it, certi- next week or the week after. The necessary for us to prescreen pas- fying that in fact things were just American people have a right to expect sengers coming into this country, espe- great, when in fact they were not. They we will do the right thing, the respon- cially from countries such as, yes, were fined $1.5 million and put on pro- sible thing, that will improve security Pakistan, Egypt, Jordan, Saudi Arabia, bation. at this country’s airports. Kuwait, and others. Then last month, they were found in Madam President, I will mention one Somebody said: When you raise these violation of their probation for contin- other issue, and it deals with aviation issues about certain countries, aren’t ued violations regarding their screen- security. Every day, we have aircraft you profiling? The answer clearly is no. ing services. coming into this country from over- We are only interested in profiling ter- Last weekend, they were still on the seas, commercial airliners that are rorists or suspected terrorists, or those job, the same company. Filing fraudu- landing as I speak at some airport in who associate with them, because we lent statements with the FAA, fined the United States, carrying passengers don’t want them to come in as guests $1.5 million, put on probation, found in who are guests of ours. They are given of our country. So we do profile people violation of probation, and still work- a visa to visit our country. They are who are either known terrorists or who ing? Would that happen to people, real guests of our country. We have allowed associate with terrorists because we people, do you think? I don’t think so. them to become guests through the want to keep them out of this country. They would lose their job. But not big visa process. We have said: You are Is that selfish? No. That is self-pro- companies. given a visa and you may come to the tection. We have every right to decide Last weekend, this company and its United States. we don’t want a guest in this country employees allowed a guy to get On most of those flights, the car- who is going to try to injure this coun- through a screening with nine knives— rier—the airline sending these guests try. So I included that amendment in caught two of them, missed seven—a to the United States—sends us an ad- the counterterrorism bill. It got stun gun and a can of mace. Talk about vance list of their names. It is called knocked out in conference. I don’t like incompetence; talk about a story that the APIS, advance passenger informa- to use this language, but I said: Of all once again undermines people’s con- tion system. Do you know why they do the boneheaded things for people to fidence in flying on commercial air- that? Since 1988, they have been doing do—to assert committee jurisdiction lines, this is it. that in order that we might check a on an issue of national importance The question is, Is there an emer- list of the foreigners coming to the such as this. gency in this Congress to do the right United States against our list at the But on the last appropriation bill we thing: to pass an aviation security bill FBI, Customs Bureau, and 21 other passed, earlier today, I offered this and do it the right way, and do the Federal agencies, to determine, are amendment last week. The Senate just right thing? You bet your life there is. these people known or suspected ter- passed it again. I intend to put it on

VerDate 06-NOV-2001 02:19 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.042 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11483 this appropriations bill. I am going to new bureaucracy? We know we have to United States District Judge for the offer it on every piece of legislation have passenger lists and we need intel- Western District of Oklahoma. until we get people to think more ligence. Who best to do that other than The PRESIDING OFFICER. There about national security on the other the Department of Justice? We need se- are now 5 minutes evenly divided be- side than they are thinking about com- curity at the check-in area and also tween the chairman and the ranking mittee jurisdiction, and until they un- the gate area. Who best, other than the member. Who yields time? If no one derstand airplanes should not land in Justice Department, knows how to se- yields time, time will be charged equal- this country unless they have complied cure Federal buildings, Federal courts, ly to both sides. with the APIS system, which has been moving Federal prisoners—all of these Ms. LANDRIEU. Madam President, I in place since 1988. things they already do? Some they do suggest the absence of a quorum and Since September 11, we ought to un- themselves and some they contract out ask unanimous consent that the time derstand the obligation we have to be to companies that have a very good be charged equally. careful about screening those who are reputation with them. The PRESIDING OFFICER. Without guests in our country. You cannot pro- I think the conference ought to get objection, it is so ordered. The clerk vide security in this country unless underway right away. I am supportive will call the roll. you provide security for our borders. of the Senator’s views on that and say The legislative clerk proceeded to Part of our border security is to deal we ought to be in the business of pro- call the roll. with those roughly 70 million, 80 mil- tecting the American public as best we Mr. REID. Madam President, I ask lion people a year who come into this know how, instead of writing a law and unanimous consent that the order for country on commercial airlines as putting it into the hands of the admin- the quorum call be rescinded. guests, coming from foreign countries. istrative rule writers, who sometimes The PRESIDING OFFICER. Without So I intend to offer that amendment write rules for their own benefit and objection, it is so ordered. again today. I will offer it to any other not for the protection of the people. Mr. REID. Madam President, what is legislation we have on the floor. I know Mr. DORGAN. In closing, the issue is the matter now before the Senate? people will say that is blue slip, or it is not so much the jurisdiction of which The PRESIDING OFFICER. The this, or it is that. It is none of that. agency. In fact, we do have a law en- nomination of Karon O. Bowdre is be- That is all nonsense. forcement function and security func- fore the Senate. Mr. BURNS. Will the Senator yield? tions at DOT. Some say maybe it Mr. REID. Madam President, I ask Mr. DORGAN. Yes. should be the FAA. But the fact is, the unanimous consent that all time that Mr. BURNS. I ask the Senator, we big dispute, the thing that held up for- has not been used be yielded back and passed the airport security law in this ever was that the House of Representa- that we vote on the nomination. body and we changed the authority— tives didn’t want to have people who The PRESIDING OFFICER. Without moving the authority from the Depart- were public employees, Federal em- objection, it is so ordered. ment of Transportation to the Depart- ployees. So that was the big thing over The question is, Will the Senate ad- ment of Justice. That was my amend- in the House of Representatives. vise and consent to the nomination of ment. I contended at that time that we I do not think it was in the Senate. Karon O. Bowdre, of Alabama, to be really don’t have a problem with the We passed the bill in the Senate 100–0 United States District Judge for the laws; we have trouble with enforcing largely because we believed if we had Northern District of Alabama? The the law. I would be interested in seeing good training and accountability, if we yeas and nays have been ordered. The what the Senator’s thoughts are on hired good people and had guidelines clerk will call the roll. keeping the bright line of authority to for them to follow, then we would be The bill clerk called the roll. the Attorney General rather than leav- able to provide security in our coun- Mr. REID. I announce that the Sen- ing it with the Department of Trans- try’s airports. ator from New Jersey (Mr. TORRICELLI) portation. One thing is very clear from all of is necessarily absent. Mr. DORGAN. This particular issue these reports: We do not have good se- Mr. NICKLES. I announce that the happens to be the Department of Cus- curity with the current system. This Senator from Virginia (Mr. ALLEN) is toms with respect to advance passenger system needs changing. This system necessarily absent. information. They run all of these does not work, and all we need to do is The PRESIDING OFFICER. Are there names against the Justice Department look at O’Hare in Chicago last Satur- any other Senators in the Chamber de- list, the FBI list, and 21 different Fed- day and look at the papers on Sunday siring to vote? eral agencies that keep lists of undesir- and Monday and understand how bad The result was announced—yeas 98, able people coming into the country. the system is and why we have to get nays 0, as follows: That is a separate issue in conference. at this job now, this week, and get it [Rollcall Vote No. 326 Ex.] I think the Senator from Montana is done. YEAS—98 probably one of the conferees on the I yield the floor. aviation security bill. I am going to be Akaka DeWine Kohl f Allard Dodd Kyl one as well. We can talk about all of Baucus Domenici Landrieu those issues. EXECUTIVE SESSION Bayh Dorgan Leahy All I really care about—going back to Bennett Durbin Levin the issue of aviation security—is that Biden Edwards Lieberman Bingaman Ensign Lincoln we get the job done. The one thing that NOMINATIONS OF KARON O. BOWDRE TO BE UNITED STATES Bond Enzi Lott is clear to me is companies that have Boxer Feingold Lugar been fined for defrauding the Govern- DISTRICT JUDGE FOR THE Breaux Feinstein McCain ment—in effect, companies that have NORTHERN DISTRICT OF ALA- Brownback Fitzgerald McConnell BAMA AND STEPHEN P. FRIOT Bunning Frist Mikulski been put on probation and violate their Burns Graham Miller probation, that hire screeners who TO BE UNITED STATES DISTRICT Byrd Gramm Murkowski leave the company to fry hamburgers JUDGE FOR THE WESTERN DIS- Campbell Grassley Murray TRICT OF OKLAHOMA Cantwell Gregg Nelson (FL) because they get more money to do it, Carnahan Hagel Nelson (NE) and to let somebody come through The PRESIDING OFFICER. The hour Carper Harkin Nickles with nine knives, a stun gun, and a can of 5:30 p.m. having arrived, under the Chafee Hatch Reed Cleland Helms Reid of mace—those are companies I don’t previous order, the Senate will now Clinton Hollings Roberts want screening baggage. I want some- proceed to executive session to con- Cochran Hutchinson Rockefeller body on whom I can rely. All I care sider two nominations, which the clerk Collins Hutchison Santorum about is accountability and results. will report. Conrad Inhofe Sarbanes Corzine Inouye Schumer Mr. BURNS. We know there are areas The legislative clerk read the nomi- Craig Jeffords Sessions of responsibility. Who best can have ac- nations of Karon O. Bowdre, of Ala- Crapo Johnson Shelby cess and be a model for us, without ex- bama, to be United States District, and Daschle Kennedy Smith (NH) pending a lot of money or building a Stephen P. Friot, of Oklahoma, to be Dayton Kerry Smith (OR) S11484 CONGRESSIONAL RECORD — SENATE November 6, 2001 Snowe Thomas Warner Spradling, Alpern, Friot & Gum. While confirmed Larry R. Hicks to be a Fed- Specter Thompson Wellstone Stabenow Thurmond Wyden focusing his practice on corporate, tort eral district judge for the District of Stevens Voinovich defense and aviation litigation, Steve Nevada. He earned a bachelor’s degree has shown a strong commitment to from the University of Nevada at Reno NOT VOTING—2 equal justice for all. He has continually and a law degree from the University of Allen Torricelli strived to include pro bono cases in his Colorado School of Law before going to The nomination was confirmed. practice. work in 1968 as a Deputy District At- VOTE ON NOMINATION OF STEPHEN P. FRIOT Steve has been actively involved in torney in Washoe county, NV. Three The PRESIDING OFFICER. The the Oklahoma legal community. He has years later, he became the Chief Crimi- question now is on the confirmation of been very active in the Oklahoma Bar nal Deputy District Attorney. In 1975, the nomination of Stephen P. Friot to Association serving several times as a Mr. Hicks was elected the District At- be United States District Judge for the member of the Association’s House of torney for Washoe County, where he Western District of Oklahoma. Delegates. He has also served as chair- gained extensive experience in liti- The yeas and nays have been ordered. man of the association’s committees on gating murder, robbery, and other The clerk will call the roll. Legal Specialization and Administra- major felony trials. He remained in The legislative clerk called the roll. tion of Justice. Steve served as presi- that position until 1979. Since that Mr. REID. I announce that the Sen- dent of the Oklahoma County Bar As- time, Mr. Hicks has been a partner in a ator from New Jersey (Mr. TORRICELLI) sociation and is the current president private law firm in Reno. He has been is necessarily absent. of the Ruth Bader Ginsburg American chairman of the firm’s litigation sec- Mr. NICKLES. I announce that the Inn of Court. He is described by col- tion since 1985. Mr. Hicks has also Senator from Virginia (Mr. ALLEN) is leagues as being a ‘‘competent, honor- served as a settlement judge since 1998 necessarily absent. able individual who possesses the judi- for the Nevada Supreme Court. He has The result was announced—yeas 98, cial temperament and intellect we all compiled an excellent track record, nays 0, as follows: want on the Federal bench.’’ His col- having successfully achieved settle- [Rollcall Vote No. 327 Ex.] leagues know him as an extremely hard ment in all but 5 of the 40 cases as- YEAS—98 worker with the highest ethical stand- signed to him. Akaka Durbin Lugar ards. I am also please that Christina Allard Edwards McCain Steve’s commitment to his commu- Armijo was confirmed today to be a Baucus Ensign McConnell nity is hardly limited to the legal pro- Federal district judge for the District Bayh Enzi Mikulski of New Mexico. She earned both her Bennett Feingold Miller fession. He has been very active in the Biden Feinstein Murkowski Boy Scouts of America where he cur- Bachelor of Arts degree and her Juris Bingaman Fitzgerald Murray rently serves as Assistant Scoutmaster Doctor degree from the University of Bond Frist Nelson (FL) for Troop 4. Steve has also worked dili- New Mexico. After 3 years of practicing Boxer Graham Nelson (NE) Breaux Gramm Nickles gently for the Central Oklahoma Habi- law for Sandoval County Legal Serv- Brownback Grassley Reed tat for Humanity where he currently ices, she started her own private prac- Bunning Gregg Reid serves as vice chairman of the board of tice in her hometown of Las Vegas, Burns Hagel Roberts NM. Her practice consisted not only of Byrd Harkin Rockefeller directors. In 1995, Gov. Frank Keating Campbell Hatch Santorum appointed Steve to serve on the Board general civil and administrative law, Cantwell Helms Sarbanes of Trustees of the Oklahoma Housing but also included long-term contracts Carnahan Hollings Schumer Financing Authority. Steve currently to defend felony criminal cases as a Carper Hutchinson Sessions Chafee Hutchison Shelby serves as vice chairman of the board public defender, litigate child abuse Cleland Inhofe Smith (NH) which assures that the agency is serv- cases on behalf of New Mexico, and Clinton Inouye Smith (OR) ing Oklahomans in need of affordable serve as a Due Process Hearing Officer Cochran Jeffords Snowe for the state Department of Education. Collins Johnson Specter housing. Conrad Kennedy Stabenow Steve and his wife Nancy, a dedicated After 18 years of private practice, Corzine Kerry Stevens kindergarten teacher, have been mar- Judge Armijo was appointed to serve Craig Kohl Thomas ried for more than 25 years. They are on the New Mexico Court of Appeals in Crapo Kyl Thompson Daschle Landrieu Thurmond particularly proud of their son Andy early 1996. She was elected to a full 8- Dayton Leahy Voinovich whose early involvement in the Boy year term later that year. In her al- DeWine Levin Warner Scouts encouraged Steve’s commit- most 6 years on the bench, none of her Dodd Lieberman Wellstone ment to that organization. Andy is in decisions has been reversed. Domenici Lincoln Wyden Dorgan Lott the Air Force ROTC at Le Moyne Col- We now have the opportunity to con- lege in Syracuse, NY. His dedication to sider the nomination of Karon Owen NOT VOTING—2 his country is in no doubt a reflection Bowdre to be a Federal district judge Allen Torricelli of his parents who have shown a strong for the Northern District of Alabama. The nomination was confirmed. sense of community with a commit- She received her bachelor’s degree cum Mr. REID. Mr. President, I move to ment to serving the public good in laude from Samford University and reconsider the vote, and I move to lay Oklahoma. graduated cum laude from the Cum- that motion on the table. I congratulate Steve and his family berland School of Law in 1981, where The motion to lay on the table was on his having earned the position for she was associate editor of the Cum- agreed to. which President Bush has selected him. berland Law Review and a member of Mr. NICKLES. Mr. President, I am I thank Chairman LEAHY and Senator the Moot Court Board. After gradua- pleased that the Senate today has con- HATCH, the ranking member of the Ju- tion from law school, Professor Bowdre firmed Stephen P. Friot, an out- diciary Committee, for their work on served as judicial law clerk in the standing individual and a superb attor- Steve Friot’s nomination. I applaud United States District Court for the ney, to be U.S. District Court Judge for the Senate for confirming him. He will Northern District of Alabama and then Oklahoma’s Western District. make an outstanding judge who will practiced with a private law firm in President Bush could not have cho- work diligently to administer justice Birmingham, AL. She handled numer- sen a finer individual to serve our in the Western District of Oklahoma. ous trials in State and Federal court, country as a district court judge. Steve Mr. HATCH. Mr. President, the Sen- primarily involving insurance, product Friot is exceptionally well qualified ate has had both the honor and the liability, medical malpractice, fraud and will prove to be a great asset to pleasure of considering the nomina- and bad faith, and discrimination the judicial system in Oklahoma and tions of several extremely well-quali- cases. Since 1990, Professor Bowdre has our country. fied individuals to serve as Federal taught at the Cumberland School of Steve graduated from the University judges. Law at Samford University. of Oklahoma School of Law in 1972 and Although I was unable to be here due We are also considering the nomina- upon his graduation went to work for to an unavoidable scheduling conflict, I tion of Stephen P. Friot to serve on the the firm that now bears his name, am pleased that last night the Senate Federal bench in the Western District

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.011 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11485 of Oklahoma. While attending the Uni- nees in 1998, 12 appellate nominees in business meeting under extraordinary versity of Oklahoma College of Law, 1995, and 10 appellate nominees in 1999. circumstances in the United States Mr. Friot was a member of the Order of Another point that was made yester- Capitol and reported four judicial the Barrister, and was the recipient of day was the number of nominees whose nominees favorably to the Senate. On the Law Day Moot Court Award and paperwork was not complete. By my that same day, despite the unavail- the United States Law Week Award. count, the ABA has not submitted rat- ability of the Judiciary Committee Upon graduation in 1972, he joined a ings on 11 pending nominees. Five of hearing room and the closure of Sen- private law firm, and has spent the these nominations have been pending ators’ offices, we proceeded with an- past 29 years practicing civil trial and for more than 8 weeks. Another has other confirmation hearing for an addi- appellate law in Oklahoma City. In the been pending more than 6 weeks. This tional five judicial nominees. last 10 years, Mr. Friot has tried cases is despite the ABA’s pledge to submit Two weeks ago, while the Senate Re- involving employment law, product li- its ratings within 35 days at the least. publicans were shutting down the Sen- ability, aviation product liability, title It seems to me that even if the Demo- ate with a filibuster preventing action insurance, slander of title, interference cratic members of the Judiciary Com- on the bill that funds our nation’s for- with contract rights, ground water pol- mittee are willing to give the ABA a eign policy initiatives and provides lution, real property covenants, insur- preferential role in evaluating judicial funds to help build the international ance marketing practices, partnership nominees, even where the Constitution coalition against terrorism, the Judici- law, and healthcare law. He has been does not, they should not allow the ary Committee nonetheless proceeded listed as one of the ‘‘Best Lawyers in ABA to hold judges hostage by failing with yet another hearing for four more America’’ for Business Litigation since to submit timely ratings. judicial nominees on October 25, 2001, 1989. In sum, we need to take a hard look our third hearing involving judicial I have every confidence that these at the number of judges we have con- nominees in October. nominees will serve the United States firmed in light of the astronomical Tomorrow morning we are holding with honor and distinction. I want to number of vacancies on the Federal ju- another hearing for five more judicial thank Senator LEAHY for moving their diciary, and judge our progress on con- nominations. The facts are that since the com- nominations, and Senator SCHUMER for firmations by that standard. The fact chairing their confirmation hearing. I remains that the pace of vacancies has mittee was assigned its members on fully support the nominations of these exceeded the pace of judicial confirma- July 10, 2001, the committee will have held nine hearing involving 28 judicial candidates, and urge my colleagues to tions. We in the Senate must do our nominees. By tonight the Senate will do so as well. part to address the real and serious va- have already confirmed 16 judges, in- I must note, however, that one nomi- cancy crisis that threatens to clog our cluding four to the Courts of Appeals. nee for the Federal appellate court, nation’s Federal courts and deny the These numbers show that there have Edith Brown Clement, had her hearing administration of justice to American been more hearings for more nominees, before these nominees, on October 4, citizens. We can only do this by speed- more confirmations of more judges to and was voted out of committee on the ing up the pace of confirmations before the District Courts, and more con- same date as these nominees. She is ex- the end of this session. firmations of more judges to the Courts ceedingly well-qualified for the Fifth Mr. LEAHY. Mr. President, today the of Appeals this year than by the same Circuit, having served as a Federal dis- Senate confirmed M. Christina Armijo date in either the first year of the first trict court judge for the past decade. I of New Mexico to be a United States Bush administration or the first year look forward to the Senate’s prompt District Judge for the District of New of the Clinton administration. The consideration of her nomination as Mexico. We now have the opportunity facts are that the Judiciary Committee well. to act on the nominations of two addi- and the Senate are ahead of the con- I must also note that at least one tional judicial nominees. When we vote firmation pace for judicial nominees in committee member submitted written to confirm Karon Bowdre of Alabama questions to these nominees on October the first year of the first Bush adminis- and Stephen Friot of Oklahoma, the tration or the first year of the Clinton 30, a mere 2 days before the committee Senate will have confirmed 16 judges was scheduled to consider their nomi- administration. since July 20 of this year. When we I know that Karon Bowdre has the nations. Another committee member confirm these District Court nominees, strong support of the senior Senator waited until November 1 to submit the Senate will have confirmed more from Alabama who came to introduce questions to one of these nominees. District Court judges this year than her at her hearing. I am told that Sen- This was nearly one month after the were confirmed in the entire first year ator SESSIONS came to the floor earlier nominee’s October 4 confirmation hear- of the first Bush administration in today to speak in support of this nomi- ing, and despite the fact that it was an- 1989. nation. I recall that the senior Senator nounced at her hearing that the record In addition to our work on the from Oklahoma came to the hearing to would remain open for only 1 week. I antiterrorism legislation since Sep- speak in favor of Stephen Friot and am concerned that the practice of sub- tember 11, the Senate Judiciary Com- that he has the support of Senator mitting additional questions to nomi- mittee has persevered in the wake of INHOFE, as well. nees long after their confirmation the terrible events of September 11 and Both these nominees were among hearings is becoming a tool to delay will by tomorrow have held 5 hearings those District Court nominations sent consideration of their nominations. I for 21 judicial nominees. to the Senate just before the August urge my colleagues to give these nomi- Within 2 days of the terrible events recess. They had to be returned to the nees a fair shot at confirmation by sub- of September 11, I chaired a confirma- White House without action when the mitting their questions in a timely tion hearing for the two judicial nomi- Republican leader objected to retaining fashion. nees who were able to drive to Wash- them here over the recess. They were I would also like to respond to re- ington while interstate air travel was nominated in early September and the marks made yesterday regarding the still disrupted. Committee received their ABA peer re- Senate’s pace of confirming judges. At our committee meeting on Octo- view ratings in early October. They The short answer is that the confirma- ber 4, 2001, we reported those two judi- were then scheduled to participate in a tion of 16 judges when there are 102 va- cial nominees and held another con- hearing on October 18, considered by cancies in the Federal judiciary is firmation hearing on five judicial the committee at last week’s business nothing to brag about. And despite the nominees that same day. meeting and are being confirmed fact that the Senate has confirmed On October 18, 2001, in spite of the today, November 6, which is approxi- only 4 Federal appellate court judges closure of Senate office buildings in mately 1 month after receiving the this year, the Judiciary Committee re- the wake of the receipt of a letter con- ABA ratings. fuses to hold any more hearings on ap- taining anthrax spores and Senate staff I congratulate the nominees and pellate court nominees. This pace pales and employees testing positive for an- their families on these confirmations. in comparison when you consider that thrax exposure, the Committee pro- Mr. REID. Mr. President, I suggest we held hearings on 14 appellate nomi- ceeded with its previously scheduled the absence of a quorum.

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.027 pfrm04 PsN: S06PT1 S11486 CONGRESSIONAL RECORD — SENATE November 6, 2001 The PRESIDING OFFICER. The (The remarks of Mr. SESSIONS per- net farm income in 2001 is projected to clerk will call the roll. taining to the introduction of S. 1641 be even lower. The assistant legislative clerk pro- are located in today’s RECORD under The downturn in rural America is es- ceeded to call the roll. ‘‘Statements on Introduced Bills and pecially calamitous because prolonged Mr. REID. Mr. President, I ask unan- Joint Resolutions.’’) economic depression often means ex- imous consent that the order for the Mr. SESSIONS. I suggest the absence tinction for these rural communities. A quorum call be rescinded. of a quorum. few bad years forces everyone out of The PRESIDING OFFICER. Without The PRESIDING OFFICER. The business, not just those that sell com- objection, it is so ordered. clerk will call the roll. modities for a living. The very people f The assistant legislative clerk pro- and places that make up the fabric of ceeded to call the roll. the American economy are forced to UNANIMOUS CONSENT Mr. DASCHLE. Mr. President, I ask seek opportunity elsewhere. This is a AGREEMENT—H.R. 2944 unanimous consent that the order for price that I am not willing to pay. Mr. REID. Mr. President, I ask unan- the quorum call be rescinded. As we consider economic recovery imous consent that when the Senate The PRESIDING OFFICER. Without measures we cannot forget rural Amer- resumes consideration of H.R. 2944, the objection, it is so ordered. ica. We must not let the immediate D.C. appropriations bill, tomorrow at f damage that we see every night on the 10 a.m., Wednesday November 7, after MORNING BUSINESS evening news blind us to the crisis that the bill is reported, Senator ALLEN be is happening in rural communities recognized to offer an amendment re- Mr. DASCHLE. Mr. President, I ask across America. We simply do not have garding needle exchange; that there be unanimous consent that there now be a a choice. The cost is simply too high. 60 minutes for debate prior to a vote in period for morning business, with Sen- f relation to the amendment, with the ators permitted to speak therein for up time equally divided and controlled in to 10 minutes each. LOCAL LAW ENFORCEMENT ACT the usual form; that no amendment be The PRESIDING OFFICER. Without OF 2001 in order to the amendment prior to a objection, it is so ordered. Mr. SMITH of Oregon. Mr. President, vote in relation to the amendment; Mr. BAUCUS. Mr. President, I would I rise today to speak about hate crimes that upon the use or yielding back of like to take this opportunity to explain legislation I introduced with Senator the time, the Senate vote in relation to my absence during yesterday’s roll call KENNEDY in March of this year. The the amendment; that upon the disposi- vote on the nomination of Larry Hicks Local Law Enforcement Act of 2001 tion of the Allen amendment, Senator to be U.S. District Judge of the Nevada would add new categories to current HUTCHISON be recognized to offer an District. I do not dissent on Mr. Hick’s hate crimes legislation sending a sig- amendment relating to attorneys fees; nomination and if I had been present, I nal that violence of any kind is unac- that there be 60 minutes for debate would have voted aye. ceptable in our society. with respect to the amendment; that Unfortunately I was absent during I would like to describe a terrible no second-degree amendment be in yesterday’s rollcall vote because my crime that occurred May 30, 1993, in order; that upon the use of 15 minutes attendance was necessary at a meeting Concord, CA. A gay man was sprayed each for proponents and opponents of to discuss the economic future of my with mace and threatened with a golf the Hutchison of Texas amendment, home State of Montana. I discussed the club by a neighbor who used an anti- the amendment be set aside until 2:30 State of Montana’s timber industry gay slur. The assailant, Gilbert Lucero, p.m. the same day, with the remaining with Plum Creek Timber Co., the larg- 37, was arrested on assault charges. 30 minutes of debate equally divided; est wood products business in Montana. I believe that government’s first duty that upon the use or yielding back of To be specific, we discussed what tools is to defend its citizens, to defend them the time, the Senate proceed to vote in are necessary to ensure that business against the harms that come out of relation to the Hutchison amendment, in Montana survives our Nation’s cur- hate. The Local Law Enforcement En- with no further intervening action. rent economic downturn. hancement Act of 2001 is now a symbol I further ask unanimous consent that The future of a specific industry in that can become substance. I believe upon the use of 30 minutes of debate on my State brings me to a larger point, that by passing this legislation, we can the Hutchison amendment, there then the economic state of rural America change hearts and minds as well. after September 11, 2001. Much atten- be a period of morning business until f 2:30 p.m., with Senators permitted to tion has been paid, as it should, to the speak for up to 10 minutes each, with economic effect of the terrorist attacks ADDITIONAL STATEMENTS the time equally divided and controlled on our major centers of commerce. Pri- between the majority and Republican marily America’s largest cities and the IN RECOGNITION OF THE GOLDEN leaders or their designees. coasts. However, the impact has been ANNIVERSARY OF THE JEWISH We have a very important briefing by felt equally as hard in rural America BOOK FAIR one of the President’s Cabinet Members where the economy was already slow- tomorrow afternoon. That is the reason ing. ∑ Mr. LEVIN. Mr. President, I ask that for the extended morning business In addition to the wood products in- the Senate join me today in congratu- time. dustry, agricultural commodities lating the Jewish Community Center of The PRESIDING OFFICER. Without which are the lifeblood of Montana and Metropolitan Detroit on the occasion objection, it is so ordered. rural America are hurting worse then of the golden anniversary of the Jewish Mr. REID. Mr. President, I suggest ever before. The past 3 years have been Book Fair. Since 1951, the book fair has the absence of a quorum. disastrous due to drought. Now Mon- nourished the literary appetite of the The PRESIDING OFFICER. The tana’s farmers are faced with sharply metropolitan Detroit community. clerk will call the roll. escalating operating costs due to high- Along with the Book Fair, the Jewish The assistant legislative clerk pro- er energy and fertilizer prices. Accord- Community Center of Metropolitan De- ceeded to call the roll. ing to the most recent projections pro- troit has enriched Jewish life and sup- Mr. SESSIONS. Mr. President, I ask vided by the U.S. Department of Agri- ported Jewish unity in and around the unanimous consent that the order for culture, total farm expenses are ex- Detroit area for 75 years. The Commu- the quorum call be rescinded. pected to rise again this year, right on nity Center also strives to enhance life The PRESIDING OFFICER. Without the heels of a $10 billion increase last in the general community and wel- objection, it is so ordered. year. comes all those in southeast Michigan Mr. SESSIONS. Mr. President, I ask As costs spiral out of control, farm to take advantage of the Center’s fa- unanimous consent to proceed in morn- income has not kept pace. Last year cilities and programs. ing business. net farm business income was at a dec- The Jewish Community Center’s An- The PRESIDING OFFICER. Without ade low according to USDA. Unless nual Book Fair is the largest and old- objection, it is so ordered. Government assistance is continued, est in the country, and its programs

VerDate 06-NOV-2001 02:21 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.052 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11487 are offered free of charge to the public. programs and a concerned and com- After the war, Julia and her husband, This November, 40 authors of national mitted faculty. Paul, moved to Paris where he joined and international acclaim will come to Mr. President, I am pleased to invite the U.S. Information Service. It was in the week long fair. Participants at this my colleagues to join me in celebrating the famed gourmet restaurants along year’s fair will include a diverse range Dr. Smith’s distinguished career and the Seine that Julia developed her in- of authors from noted attorney Robert his future endeavors at Ramapo satiable love of French cuisine. In- Shapiro, to the author of the Scooby College.∑ spired by the simple yet majestic cul- Doo Mysteries, James Gelsey, to Dr. f inary creations found across the Atlan- Ruth Westheimer. In addition, the fair HONORING JULIA CHILD tic, French cooking soon became will offer the largest selection of books Julia’s obsession. Determined as ever, ∑ Mr. KERRY. Mr. President, it is a by Jewish authors and of Jewish con- she entered the prestigious Corden tent available in the Detroit area. The special honor for me to celebrate one of Massachusetts’ most famous citizens Bleu cooking school, again as the lone organizers of the fair expect over 20,000 woman. Just six years out of culinary visitors. and one of America’s most famous chefs, Mrs. Julia Child. For over 40 school, Julia and three fellow expatri- The Jewish Community Center has ates founded the ‘‘L’ecole des Trois long enriched the lives of those resid- years she has brightened our lives with recipes, books, and television shows Gourmandes,’’ a school of the culinary ing throughout southeast Michigan. arts in Paris. Ten years after her first This year’s book fair will surely con- that have broadened our palettes as well as our understanding of the world taste of souffle Julia published with tinue this worthy legacy. I trust that two other chefs what is still the most my Senate colleagues will join me in and on November 7 her peers will gath- er to honor her invaluable contribu- thorough and comprehensive French recognizing The Jewish Community cooking manual brought to the States, Center of Metropolitan Detroit on the tions to her craft. I am proud to join so many of Greater Boston’s restaurants ‘‘Mastering the Art of French Cooking, Occasion of the 50th Annual Book Volume I.’’ In this book, which has Fair.∑ in celebrating this remarkable career at this and the many other events since become a classic, Julia made the f planned to recognize a uniquely Amer- complex and unpronounceable cuisine RAMAPO COLLEGE ican journey. accessible and appealing to main- ∑ Mr. CORZINE. Mr. President, I honor Over the past four decades, Julia rev- stream America, forever changing how today Ramapo College and welcome its olutionized the way America cooks and America approaches cooking, dining new president, Dr. Rodney Smith. eats, expanding and elevating the so- and entertaining. As those of us in New Jersey have phistication of the American appetite. After the publication of Volume I, known for many years, Ramapo’s real Her influence can be seen in the book- Julia returned to America and com- strength lies not just in its academics, stores of the country, where dining and menced one of the most fruitful tele- but also in its emphasis on global and cooking sections have grown to com- vision careers in history. ‘‘The French hands-on learning. In recent years, this pete with history and commerce, and Chef,’’ a show that began with Julia fine institution has also become na- on the television, where cooking shows using her own hot plate and frying pan tionally recognized as one of the top have proliferated and now present and in a news studio at WGBH in Boston, liberal arts colleges in the northeast, celebrate traditions from all over the became one of the longest running tele- offering degrees in fields as diverse as world. vision shows in history. As a deeper the arts and humanities, and the Julia is widely credited with expos- testament to her commitment to the sciences and business. Ramapo’s reach ing the American kitchen to the tastes, public good, Child donated her whole extends far beyond its Mahwah, NJ, lo- practices and history of international salary to public broadcasting in order cation. The strength of Ramapo’s aca- cooking, with specific focus on France. to help fund future public television demic reputation attracts students Her television shows, all of which were endeavors. seeking a varied and quality edu- peppered with spontaneity, the occa- Julia donned the apron in seven cation—students from not only every sional gaffe and her radiant person- other television cooking shows, includ- county within my home State of New ality, made cooking fun and accessible. ing Dinner at Julia’s and The Master Jersey, but also from neighboring She loved the basic mechanics of the Chef Series. She has won several Emmy states, across the country and around kitchen, the how and why behind each Awards and just last year was elected the world. step. Somehow, in its entirety, her ca- to the French Legion of Honor, an ex- On November 14, 2001, Dr. Smith will reer struck that elusive balance be- tremely prestigious honor awarded by offer his first State of the College to tween removing the mystery of inter- the French Government. Characteris- the students, faculty and friends of national cuisine while still celebrating tically, Julia has used her success to Ramapo College. Accepting this pres- its mystique. forge many philanthropic efforts and tigious post as Ramapo’s third presi- For those who know Julia, who un- broaden global understanding, includ- dent, Dr. Smith joins the college at an derstand the steel and the intellect of ing the American Institute of Wine and exciting time in its history. With en- this magnificent woman, it will come Food and the Julia Child Circle. rollment and applications continuing as no surprise that she made sub- to rise, the college continues to grow, stantive contributions to American life This month Julia is moving to Cali- both in the number of programs it of- even before she found fame in Amer- fornia after devoting more than four fers and the number of students it ica’s kitchens. After graduating Smith decades to her profession. She has serves. College and volunteering at the Red changed forever the way we will cook An accomplished author and educa- Cross, she joined the CIA’s precursor, and eat in America, she upheld the tor, Dr. Smith joins Ramapo College the Office of Strategic Services, OSS, highest standards of professionalism from Hampton University, where he and served throughout the World War and generosity throughout her career, served in several capacities, most re- II. When the OSS announced the need and wrote an indelible chapter in the cently as Vice President for Planning for volunteers to staff offices overseas, progress of women in our society. and Dean of the Graduate College. Julia was thrilled by the prospect of Her cheer and wit will be greatly Prior to his tenure at Hampton univer- serving her country in a higher capac- missed on our television sets but the sity, Dr. Smith held positions at a ity. Her work in America’s first intel- knowledge and insight she served will number of esteemed institutions, in- ligence agency took her to Ceylon, now remain in our kitchens for a long time cluding Harvard University. As we Sri Lanka, India and China. Like so to come. I honor her to say, and I wish enter into a new century and mark the much else in her pioneering career, her the best of luck as she begins this beginning of the College’s fourth dec- Julia was one of the first women to new chapter in her life by borrowing ade, Ramapo can be confident in Dr. contribute to the war’s intelligence ef- the phrase that she not only concluded Smith’s ability to lead, guiding one of fort in such an active position, earning every show with, but also added into New Jersey’s premier colleges in its promotions and accolades in what was the popular American lexicon—Bon present course of providing progressive very much a male-dominated agency. Apetit!∑

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.022 pfrm04 PsN: S06PT1 S11488 CONGRESSIONAL RECORD — SENATE November 6, 2001 EXECUTIVE AND OTHER and disposal, and for other purposes; to the S. 1499 COMMUNICATIONS Committee on Governmental Affairs. At the request of Mr. KERRY, the By Mr. CLELAND: name of the Senator from Nebraska The following communications were S. 1640. A bill to suspend temporarily the (Mr. HAGEL) was added as a cosponsor laid before the Senate, together with duty on certain steam turbines and genera- accompanying papers, reports, and doc- tors for power generation; to the Committee of S. 1499, a bill to provide assistance uments, which were referred as indi- on Finance. to small business concerns adversely cated: By Mr. SESSIONS (for himself and Mr. impacted by the terrorist attacks per- EC–4533. A communication from the Chief NICKLES): petrated against the United States on of the Regulations Branch, United States S. 1641. A bill to impose additional require- September 11, 2001, and for other pur- Customs Service, Department of the Treas- ments to ensure greater use of the advance poses. payment of the earned income credit and to ury, transmitting, pursuant to law, the re- S. 1593 port of a rule entitled ‘‘Customs extend such advanced payment to all tax- payers eligible for the credit; to the Com- At the request of Mr. JEFFORDS, the Preclearance in Foreign Countries’’ (T.D. 01– name of the Senator from New Jersey 81) received on November 5, 2001; to the Com- mittee on Finance. mittee on Finance. By Mr. ENZI: (Mr. CORZINE) was added as a cosponsor EC–4534. A communication from the Dep- S. 1642. A bill to open certain withdrawn of S. 1593, a bill to authorize the Ad- uty Secretary of the Division of Enforce- land in Big Horn County Wyoming, to ministrator of the Environmental Pro- ment, United States Securities and Ex- locatable mineral development for bentonite tection Agency to establish a grant change Commission, transmitting, pursuant mining; to the Committee on Energy and program to support research projects Natural Resources. to law, the report of a rule entitled ‘‘Debt on critical infrastructure protection Collection—Amendments to Collection Rules f for water supply systems, and for other and Adoption of Wage Garnishment Rules’’ purposes. (RIN3235–AI34) received on November 5, 2001; ADDITIONAL COSPONSORS S. 1597 to the Committee on Banking, Housing, and S. 540 Urban Affairs. At the request of Mr. KERRY, the At the request of Mr. DEWINE, the EC–4535. A communication from the Dep- name of the Senator from Wyoming name of the Senator from North Caro- uty Secretary of the Division of Market Reg- lina (Mr. EDWARDS) was added as a co- ulation, United States Securities and Ex- (Mr. ENZI) was added as a cosponsor of S. 540, a bill to amend the Internal sponsor of S. 1597, a bill to amend the change Commission, transmitting, pursuant Public Health Service Act to establish to law, the report of a rule entitled ‘‘Final Revenue Code of 1986 to allow as a de- Rule Amendments to the Books and Records duction in determining adjusted gross programs to alleviate the nursing pro- Requirements for Brokers and Dealers Under income the deduction for expenses in fession shortage, and for other pur- the Securities Exchange Act of 1934 [17 CFR connection with services as a member poses. 240.17a–3 and 240.17a–4] [see Exchange Act Re- of a reserve component of the Armed S. 1600 lease No. 44992, October 26, 2001]’’ (RIN3535– Forces of the United States, to allow At the request of Mr. DAYTON, the AH04) received on November 5, 2001; to the name of the Senator from South Da- Committee on Banking, Housing, and Urban employers a credit against income tax Affairs. with respect to employees who partici- kota (Mr. JOHNSON) was added as a co- sponsor of S. 1600, a bill to amend the f pate in the military reserve compo- nents, and to allow a comparable credit Internal Revenue Code of 1986 to allow INTRODUCTION OF BILLS AND for participating reserve component medicare beneficiaries a refundable JOINT RESOLUTIONS self-employed individuals, and for credit against income tax for the pur- The following bills and joint resolu- other purposes. chase of outpatient prescription drugs. tions were introduced, read the first S. 990 S.J. RES. 12 and second times by unanimous con- At the request of Mr. SMITH of New At the request of Mr. SMITH of New sent, and referred as indicated: Hampshire, the name of the Senator Hampshire, the name of the Senator By Mr. HUTCHINSON (for himself and from Idaho (Mr. CRAPO) was added as a from Maine (Ms. COLLINS) was added as Mr. GREGG): cosponsor of S. 990, a bill to amend the a cosponsor of S.J. Res. 12, a joint reso- S. 1635. A bill to ensure the prompt re- Pittman-Robertson Wildlife Restora- lution granting the consent of Congress search, development, manufacture, and dis- tion Act to improve the provisions re- to the International Emergency Man- tribution of new life-saving drugs, biologics, agement Assistance Memorandum of and medical devices that prevent or mitigate lating to wildlife conservation and res- the consequences of a chemical or biological toration programs, and for other pur- Understanding. bioterrorist attack, and for other purposes; poses. AMENDMENT NO. 2039 to the Committee on Health, Education, S. 1434 At the request of Mrs. CLINTON, the Labor, and Pensions. At the request of Mr. SPECTER, the name of the Senator from Connecticut By Mr. BAUCUS: names of the Senator from Indiana (Mr. DODD) was added as a cosponsor of S. 1636. A bill to authorize the negotiation amendment No. 2039 intended to be pro- of a Free Trade Agreement with Taiwan, and (Mr. BAYH), the Senator from Okla- to provide for expedited congressional con- homa (Mr. NICKLES), the Senator from posed to H.R. 3061, a bill making appro- sideration of such an agreement; to the Com- Alabama (Mr. SESSIONS), and the Sen- priations for the Departments of mittee on Finance. ator from Texas (Mrs. HUTCHISON) were Labor, Health and Human Services, By Mrs. CLINTON (for herself and Mr. added as cosponsors of S. 1434, a bill to and Education, and related agencies for SCHUMER): authorize the President to award post- the fiscal year ending September 30, S. 1637. A bill to waive certain limitations 2002, and for other purposes. in the case of use of the emergency fund au- humously the Congressional Gold thorized by section 125 of title 23, United Medal to the passengers and crew of AMENDMENT NO. 2044 States Code, to pay the costs of projects in United Airlines flight 93 in the after- At the request of Mr. DASCHLE, the response to the attack on the World Trade math of the terrorist attack on the name of the Senator from Indiana (Mr. Center in New York City that occurred on United States on September 11, 2001. BAYH) was added as a cosponsor of September 11, 2001; to the Committee on En- S. 1493 amendment No. 2044 proposed to H.R. vironment and Public Works. At the request of Mr. BOND, the name 3061, a bill making appropriations for By Mr. BOND: the Departments of Labor, Health and S. 1638. A bill to authorize the Secretary of of the Senator from Nebraska (Mr. the Interior to study the suitability and fea- HAGEL) was added as a cosponsor of S. Human Services, and Education, and sibility of designating the French Colonial 1493, a bill to forgive interest payments related agencies for the fiscal year end- Heritage Area in the State of Missouri as a for a 2-year period on certain disaster ing September 30, 2002, and for other unit of the National Park System, and for loans to small business concerns in the purposes. other purposes; to the Committee on Energy aftermath of the terrorist attacks per- f and Natural Resources. petrated against the United States on By Mr. VOINOVICH (for himself and September 11, 2001, to amend the Inter- STATEMENTS ON INTRODUCED Mr. THOMPSON): BILLS AND JOINT RESOLUTIONS S. 1639. A bill to provide Federal managers nal Revenue Code of 1986 to provide tax with tools and flexibility in areas such as relief for small business concerns, and By Mr. HUTCHINSON (for him- personnel, budgeting, property management for other purposes. self and Mr. GREGG):

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.023 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11489 S. 1635. A bill to ensure the prompt ‘‘(B) MEETING CONDITIONS.—Any meeting imum quantities of products and negotiated research, development, manufacture, under subparagraph (A)— unit prices. and distribution of new life-saving ‘‘(i) shall be chaired by the Secretary; ‘‘(b) TIMING OF CONTRACT.—Notwith- standing any other provision of law, the Sec- drugs, biologics, and medical devices ‘‘(ii) shall be open to parties involved in the development of countermeasures, as de- retary may enter into a contract or agree- that prevent or mitigate the con- termined by the Secretary; ment under subsection (a) even prior to the sequences of a chemical or biological ‘‘(iii) shall be open to the Attorney General development, approval, or clearance of the bioterrorist attack, and for other pur- and the Federal Trade Commission; covered product that is the subject of the poses; to the Committee on Health, ‘‘(iv) shall be limited to discussions involv- contract or agreement. Such contract or Education, Labor, and Pensions. ing the development, manufacture, distribu- agreement may provide for the termination Mr. HUTCHINSON. Mr. President, I tion, or sale of countermeasures that are of the contract or agreement for the conven- ask unanimous consent that the text of prioritized under section 2841(c); and ience of the Federal Government if the con- the bill be printed in the RECORD. ‘‘(v) shall be conducted in such manner as tractor fails to develop the covered product There being no objection, the bill was to ensure that national security, confiden- involved. tial, and proprietary information is not dis- ‘‘(c) PAYMENTS.—Payments under a con- ordered to be printed in the RECORD, as closed outside the meeting. tract or agreement under subsection (a) may follows: ‘‘(C) MINUTES.—The Secretary shall ensure be made from— S. 1635 that minutes of the meeting are maintained. ‘‘(1) funds obligated for the performance of Be it enacted by the Senate and House of Rep- ‘‘(2) APPLYING FOR LIMITED EXEMPTION.— the contract or agreement involved; resentatives of the United States of America in ‘‘(A) FILING PROCEDURES.—As a result of ‘‘(2) funds available for the development, Congress assembled, meetings in paragraph (1), the Secretary and manufacture, distribution, or purchase of SECTION 1. SHORT TITLE. participating parties may file a written re- covered products for uses referred to in sec- This Act may be cited as the ‘‘Pathogen quest with the Attorney General for a lim- tion 2801(b); or Research, Emergency Preparedness and Re- ited exemption from the antitrust laws to ‘‘(3) any other funds available to the Sec- sponse Efforts Act of 2001’’ or the ‘‘PRE- allow appropriate parties to enter into agree- retary. PARE Act’’. ments or engage in conduct relating to the ‘‘(d) CONTRACTS.—In administering the pro- SEC. 2. AMENDMENT TO THE PUBLIC HEALTH development, manufacture, distribution, or visions of this section, the Secretary may SERVICE ACT. sale of countermeasures prioritized under enter into contracts in advance of appropria- The Public Health Service Act (42 U.S.C. section 2841(c). Any such request shall set tions and incur obligations without regard to 201 et seq.) is amended by adding at the end forth the intended purpose of the agreement, provisions of law relating to contracts, in- the following: including an explanation as to why a cooper- cluding sections 1341, 1342, 1349, 1350, and ‘‘TITLE XXVIII—DEVELOPING NEW COUN- ative effort among potential competitors is 1351, and subchapter II of chapter 15, of title TERMEASURES AND PROTECTING EX- necessary to achieve the objective of the 31, United States Code. ISTING COUNTERMEASURES AGAINST agreement. The request shall state with ‘‘SEC. 2803. INDEMNIFICATION. BIOTERRORISM specificity the substance of the agreement, ‘‘The Secretary shall, in any contract or ‘‘SEC. 2801. DEVELOPMENT OF DRUGS, BIOLOGI- the methods that will be utilized to achieve agreement for the manufacture, develop- CAL PRODUCTS, AND MEDICAL DE- the objectives of the agreement, and other ment, distribution, or the purchase of a cov- VICES TO COMBAT BIOTERRORISM. relevant information relating to the develop- ered product intended for a use identified by ‘‘(a) IDENTIFICATION OF CHEMICAL OR BIO- ment and production of countermeasures the Secretary pursuant to section 2801(b), in- LOGICAL AGENTS OR TOXINS.— that are prioritized under section 2841(c). demnify and hold harmless the contractor ‘‘(1) IN GENERAL.—The Secretary, in con- ‘‘(B) GRANT OF EXEMPTION.—The Attorney consistent with the following principles: sultation with the Secretary of Defense and General, in consultation with the Chairman ‘‘(1) USES COVERED.—Indemnification only the Attorney General, shall identify chem- of the Federal Trade Commission shall extends to uses of the covered product pursu- ical or biological agents or toxins that may grant, deny, grant in part and deny in part, ant to a contract entered into by the Sec- be identified, prevented, or treated through— or propose modifications to any request retary under section 2802. ‘‘(A) the development of new covered prod- made pursuant to subparagraph (A) for ex- ‘‘(2) ENTITIES COVERED.—The Secretary ucts; emption from the antitrust laws. In making may indemnify contractors, subcontractors, ‘‘(B) the development of new uses, includ- the determination to grant, deny, grant in distributors, persons who administer covered ing pediatric uses, for approved covered part and deny in part, or propose modifica- products, or other parties as determined ap- products; or tions to any such request, the Attorney Gen- propriate by the Secretary pursuant to con- ‘‘(C) the manufacture or distribution of eral shall consider among other things: tracts entered into under section 2802. covered products that would otherwise not whether such agreement would promote the ‘‘(3) LIMITS.—No indemnification shall be be manufactured or distributed in sufficient purposes of this Act, whether the exemption provided for intentional torts by the con- quantities. from the antitrust laws would promote the tractor or torts by the contractor involving ‘‘(2) PUBLICATION AND AVAILABILITY.—Not public interest, and the competitive impact gross negligence or recklessness. later than 180 days after the date of enact- to areas not directly related to the develop- ‘‘SEC. 2804. HIGH QUALITY PRODUCTION. ment of this title, and annually thereafter, ment and production of countermeasures ‘‘The Secretary may, with the agreement the Secretary shall publish in the Federal prioritized under section 2841(c). The Attor- of the manufacturer of a drug, biological Register, or otherwise make available to ney General shall make a determination on a product, or medical device that is approved, manufacturers or potential manufacturers of request filed pursuant to subparagraph (A) licensed, or cleared (or awaiting approval, li- covered products, a list of the chemical or bi- within 60 days. censure or clearance) under section 505, 510, ological agents and toxins identified under ‘‘(C) SUNSET.—The authority of the Attor- 513, or 515 of the Federal Food, Drug, and paragraph (1) for which the Secretary desires ney General to grant a limited antitrust ex- Cosmetic Act, or section 351 of this Act, and to encourage the development of, or new uses emption under this section expires at the end is a covered product, provide intensive as- for, covered products or the manufacture or of the 2-year period beginning on the date of sistance, including on-site assistance, when distribution of such covered products. enactment of the Pathogen Research, Emer- necessary, in order to facilitate prompt com- ‘‘(b) CONSULTATION.—In carrying out this gency Preparedness and Response Efforts pliance with good manufacturing practice section, the Secretary shall consult with ex- Act of 2001. regulations under sections 210, 211, 225, 226, perts in the pharmaceutical, biotechnology, ‘‘SEC. 2802. CONTRACTS FOR DEVELOPMENT OF 600, 601, 606, or 820 of title 21, Code of Federal and medical device industries, academic COVERED PRODUCTS. Regulations, in the manufacturing, proc- medical centers, and research institutions, ‘‘(a) AUTHORITY.—The Secretary may enter essing, packing, or holding of the drug, bio- including those with pediatric expertise. into contracts, cooperative research and de- logical product, or medical device. ‘‘(c) LIMITED ANTITRUST EXEMPTION.— velopment agreements pursuant to section ‘‘SEC. 2805. SECURITY FOR RESEARCH AND PRO- ‘‘(1) COUNTERMEASURES DEVELOPMENT 11(a) of the Stevenson-Wydler Technology DUCTION. MEETINGS.— Innovation Act of 1980 (15 U.S.C. 3710(a)), ma- ‘‘(a) IN GENERAL.—The Secretary, in con- ‘‘(A) SCHEDULING COUNTERMEASURES DEVEL- terial transfer agreements, or other agree- sultation with the Attorney General and the OPMENT MEETINGS.—The antitrust laws shall ments, or agree to the amendment or modi- Secretary of Defense, may award grants, not apply to meetings or consultations con- fication of existing or future contracts or contracts, or enter into cooperative agree- ducted by the Secretary with parties in- agreements, for the development, manufac- ments, and provide technical or nonmone- volved in the development of counter- ture or distribution of covered products for tary assistance, to provide security to facili- measures for the purpose of the development, uses or new uses identified by the Secretary ties that conduct research, development, manufacture, distribution, and sale of coun- pursuant to section 2801(b). A contract or production, distribution, and storage of cov- termeasures that are prioritized under sec- agreement entered into, or amended or modi- ered products. tion 2841(c), consistent with the purposes of fied, under this subsection may address 1 or ‘‘(b) BEST PRACTICES.—The Secretary shall this title. The Secretary shall give notice to more aspects of the development, manufac- develop guidelines and best practices to en- the Assistant Attorney General of Antitrust ture, or distribution of 1 or more uses of 1 or able entities eligible for funding under this of meetings scheduled pursuant to this sub- more covered products. Such contracts or section to secure their facilities against po- section. agreements may set forth guaranteed min- tential bioterrorist attack.

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.028 pfrm04 PsN: S06PT1 S11490 CONGRESSIONAL RECORD — SENATE November 6, 2001 ‘‘SEC. 2806. MOBILITY OF STOCKPILE. following: ‘‘In the case of drugs for use hibit the unauthorized shipment or transpor- ‘‘(a) SPECIAL EVENTS.—In managing the against a potentially lethal or permanently tation in interstate or foreign commerce, the National Pharmaceutical Stockpile, the Sec- disabling toxic chemical or biological agent possession or other use in or affecting com- retary, in consultation with State and local or toxin, when adequate and well-controlled merce, or assistance to another person in government officials, shall take into consid- studies in humans cannot ethically be con- such transportation, shipment, or other use eration the timing and location of special ducted because the studies would involve ad- by any person of chemical or biological events, including designated national secu- ministering such an agent or toxin to agents or toxins or the receipt of such chem- rity events. healthy human volunteers without a proven ical or biological agents or toxins so shipped ‘‘(b) LOCATION OF CERTAIN STOCKS.—In car- treatment, and when adequate field trials as- or transported. rying out subsection (a), the Secretary shall sessing the use of the drug (in situations ‘‘(b) DEFINITIONS.—In this section: ensure that medical supplies from the Na- such as after accidental or hostile exposure ‘‘(1) CHEMICAL OR BIOLOGICAL AGENTS AND tional Pharmaceutical Stockpile are located to the substance) have not been feasible, the TOXINS.—The term ‘chemical or biological in appropriate proximity to the site of the Secretary may grant approval, including ap- agents and toxins’ has the meaning given special event. proval for pediatric populations, based on such term in section 2801(a) of the Public ‘‘SEC. 2807. DEFINITIONS. evidence derived from appropriate studies in Health Service Act refers to a biological ‘‘In this title: animals or other information. The Secretary agent or toxin listed as a ‘select agent’ in ‘‘(1) ANTITRUST LAWS.—The term ‘antitrust may use existing authority under section 506 section 72.6(j) of title 42, Code of Federal laws’— or other relevant provisions to order post- Regulations, which is not exempt under sec- ‘‘(A) has the meaning given such term in marketing approval studies. Drugs approved tion 72.6(h) or appendix A of such title and subsection (a) of the first section of the Clay- solely under the authority of the preceding which does not include any such biological ton Act (15 U.S.C. 12(a)), except that such two sentences shall be for purposes of identi- agent or toxin that is in its naturally-occur- term includes section 5 of the Federal Trade fying, treating, or preventing infection, dis- ring environment and that has not been cul- Commission Act (15 U.S.C. 45) to the extent ease, injury, or other health condition or tivated, collected, or otherwise extracted such section 5 applies to unfair methods of consequence resulting from a disabling toxic from its natural source. competition; and chemical, biological, radiological, nuclear ‘‘(2) PERSON.—The term ‘person’ includes ‘‘(B) includes any State law similar to the attack, potential attack, or other significant an alien (other than an alien admitted for laws referred to in subparagraph (A). disease emergency as the Secretary may de- permanent residence) who is a national of a ‘‘(2) BIOLOGICAL AGENTS OR TOXINS.—The termine appropriate.’’. country as to which the Secretary of State term ‘biological agents or toxins’ has the (b) NEW BIOLOGICAL PRODUCTS.—Section 351 has made a determination (that is in effect) meaning given in section 178 of title 18, of the Public Health Service Act (42 U.S.C. that such country has repeatedly provided United States Code. 262) is amended by adding at the end the fol- support for acts of international terrorism.’’. ‘‘(3) COVERED PRODUCTS.—The term ‘cov- lowing: (b) ENFORCEMENT.—Section 301 of the Fed- ered products’ includes drugs, biological ‘‘(k) APPROVAL OF CERTAIN PRODUCTS eral Food, Drug and Cosmetic Act (21 U.S.C. products including vaccines, and medical de- BASED ON ANIMAL TRIALS.— 331) is amended by adding at the end the fol- vices including in vitro diagnostics, that ‘‘(1) IN GENERAL.—In the case of biological lowing: may be developed or produced to identify, products for use against a potentially lethal ‘‘(aa) The shipment, transportation, pos- prevent, or treat disease or harm in humans, or permanently disabling toxic chemical, bi- session or other use, assistance with respect including children and other vulnerable pop- ological, radiological, nuclear, or other to, or receipt of a biological agent or toxin in ulations, resulting from an attack or threat- agent or toxins, when adequate and well-con- violation of section 570.’’. ened attack using chemical or biological trolled studies in humans cannot ethically SEC. 5. REGULATION OF CHEMICAL OR BIOLOGI- agents or toxins. be conducted because the studies would in- CAL AGENTS AND TOXINS POSING POTENTIAL NATIONAL SECURITY ‘‘(4) DEVELOPMENT.—The term ‘develop- volve administering such an agent or toxin to human volunteers without a proven treat- THREAT. ment’ includes the identification of suitable (a) REDESIGNATION AND CLARIFICATION OF compounds or biological materials, the con- ment, and when adequate field trials assess- ing the use of the biological product (in situ- CHEMICAL OR BIOLOGICAL AGENTS; REGU- duct of preclinical and clinical studies, the LATORY PROVISIONS OF ANTITERRORISM AND preparation of an application for marketing ations such as after accidental or hostile ex- posure to the substance) have not been fea- EFFECTIVE DEATH PENALTY ACT OF 1996.— approval or clearance, the conduct of post- (1) IN GENERAL.—Part F of title III of the market or post-approval studies, and any sible, the Secretary may grant approval, in- cluding approval for pediatric populations, Public Health Service Act (42 U.S.C. 262 et other actions related to preparation of a cov- seq.) is amended by inserting after section ered product.’’. based on evidence derived from appropriate studies in animals or other information. 351, the following: SEC. 2. EXPEDITING FDA REVIEW AND AP- ‘‘SEC. 351A. ENHANCED CONTROL OF CHEMICAL PROVAL. ‘‘(2) POST-APPROVAL STUDIES.—With respect to products described in paragraph (1), the OR BIOLOGICAL AGENTS AND TOX- (a) AMENDMENT.—Section 506 of the Federal INS. Secretary may use existing authority under Food, Drug, and Cosmetic Act (21 U.S.C. 356) ‘‘(a) REGULATORY CONTROL OF CHEMICAL OR section 506 of the Federal Food, Drug, and is amended by adding at the end the fol- BIOLOGICAL AGENTS AND TOXINS.— Cosmetic Act to order post-marketing ap- lowing: ‘‘(1) LIST OF CHEMICAL OR BIOLOGICAL proval studies. ‘‘(e) CHEMICAL OR BIOLOGICAL AGENTS OR AGENTS AND TOXINS.—The Secretary shall, TOXINS.— ‘‘(3) LIMITATIONS.—Biological products ap- through regulations promulgated under sub- ‘‘(1) IN GENERAL.—The Secretary may des- proved solely under the authority of this section (c), establish and maintain a list of ignate an unapproved covered product identi- subsection shall be for purposes of identi- each biological agent and each toxin that fied pursuant to section 2801(b) of the Public fying, treating, or preventing infection, dis- has the potential to pose a severe threat to Health Service Act as a fast-track product ease, injury, or other health condition or public health and safety. consequence resulting from a potentially dis- pursuant to this section. Such a designation ‘‘(2) CRITERIA.—In determining whether to may be made prior to the submission of— abling toxic chemical, biological, radio- include an agent or toxin on the list under ‘‘(A) a request for designation by the spon- logical, nuclear attack, potential attack, or subsection (a), the Secretary shall— sor; or other significant disease emergency as the ‘‘(A) consider— ‘‘(B) an application for the investigation of Secretary may determine appropriate.’’. ‘‘(i) the effect on human health of exposure (c) FINAL RULE.—Not later than 60 days the drug under section 505(i) or section to the agent or toxin; after the date of enactment of Pathogen Re- 351(a)(3) of the Public Health Service Act.’’. ‘‘(ii) the degree of contagiousness of the search, Emergency Preparedness and Re- ‘‘(2) USE OF ANIMAL TRIALS.—An applica- agent or toxin and the methods by which the sponse Efforts Act of 2001, the Secretary tion for a drug for which approval is sought agent or toxin is transferred to humans; shall finalize the proposed rule published on on the basis of evidence of effectiveness that ‘‘(iii) the availability and effectiveness of October 5, 1999 regarding the use of animal is derived from animal studies under the last pharmacotherapies and immunizations to trials in the approval of products. sentence of section 505(d) or section 351(a)(1) treat or prevent any illness resulting from of the Public Health Service Act may be des- SEC. 4. CHEMICAL OR BIOLOGICAL AGENTS AND infection by the agent or toxin; and TOXINS. ignated as a fast track product for purposes ‘‘(iv) any other criteria that the Secretary (a) IN GENERAL.—Chapter V of the Federal of this section.’’. considers appropriate; and Food, Drug and Cosmetic Act (21 U.S.C. 351 (b) REVIEW.—The Secretary shall grant pri- ‘‘(B) consult with scientific experts rep- et seq.) is amended by adding at the end the ority review to a submission for a covered resenting appropriate professional groups. following: product, unless the sponsor has filed an ap- ‘‘(b) REGULATION OF TRANSFERS OF LISTED plication for review of the product under sec- ‘‘PART E—CHEMICAL OR BIOLOGICAL CHEMICAL OR BIOLOGICAL AGENTS AND TOX- tion 506. AGENTS AND TOXINS INS.—The Secretary shall, through regula- SEC. 3. USE OF ANIMAL TRIALS IN THE AP- ‘‘SEC. 570. AUTHORITY TO RESTRICT TRANSPOR- tions promulgated under subsection (c), pro- PROVAL OF COVERED PRODUCTS. TATION AND USE. vide for— (a) NEW DRUGS.—Section 505(d) of the Fed- ‘‘(a) IN GENERAL.—The Secretary shall un- ‘‘(1) the establishment and enforcement of eral Food, Drug, and Cosmetic Act (21 U.S.C. dertake a program that, through inspections safety procedures for the transfer of chem- 355(d)) is amended by adding at the end the and other containment procedures, will pro- ical or biological agents and toxins listed

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.024 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11491 pursuant to subsection (a)(1), including ‘‘(e) FREEDOM OF INFORMATION ACT EXEMP- the session, this bill emphasizes the measures to ensure— TION.—Any information provided to the Sec- importance of promoting sustainable ‘‘(A) proper training and appropriate skills retary pursuant to regulations issued under development and maintaining strong to handle such agents and toxins; and subsection (d) or under section 351A(c) shall labor laws. ‘‘(B) proper laboratory facilities to contain not be disclosed under section 552 of title 5, and dispose of such agents and toxins; United States Code.’’. Over the past two decades, Taiwan ‘‘(2) safeguards to prevent access to such (2) EFFECTIVE DATE.—The amendment has emerged as an important U.S. ally agents and toxins for use in domestic or made by this subsection shall take effect as in the Asia-Pacific region. Together, international terrorism or for any other if incorporated in the Antiterrorism and Ef- we have worked to maintain peace and criminal purpose; fective Death Penalty Act of 1996. promote development throughout the ‘‘(3) the establishment of procedures to SEC. 6. ADMINISTRATION. region. As part of this process, the protect the public in the event of a transfer In administering the provisions of this Act, United States has committed itself to or potential transfer of a biological agent or the Secretary of Health and Human Services defending Taiwan from aggressive at- toxin in violation of the safety procedures shall— established under paragraph (1) or the safe- tacks, and provides millions of dollars (1) continue to recognize and honor rights annually in military aid to the island. guards established under paragraph (2); and relating to patents, data, and copyrights; ‘‘(4) appropriate availability of chemical or and Taiwan has emerged as a vocal sup- biological agents and toxins for research, (2) comply with all applicable provisions of porter of U.S. policy throughout Asia education and other legitimate purposes. the regulations relating to Federal acquisi- and the world. After the September 11 ‘‘(c) REGULATIONS.—The Secretary shall tion, the Federal Trade Secrets Act, and all terrorist attacks, Taiwan was one of promulgate regulations to carry out this sec- other laws protecting confidential commer- tion. the first nations to express condolences cial information, trade secrets, and intellec- ‘‘(d) DEFINITIONS.—For purposes of this sec- and offer whatever aid we might need. tion and section 351B, the term ‘biological tual property rights, and patent and non-pat- The ties between the United States agent and toxin’ shall have the meaning ent market exclusivity rights. and Taiwan extend beyond political given such term in section 2801(a).’’. SEC. 7. COORDINATION OF EFFORTS TO PRO- ones, however. (2) CONFORMING AMENDMENT.—Subsections TECT AGAINST BIOTERRORISM. Taiwan is the United States’ eighth (d), (e), (f), and (g) of section 511 of the The Secretary of Health and Human Serv- ices shall coordinate with the Secretary of largest trading partner, despite not yet Antiterrorism and Effective Death Penalty being a member of the World Trade Or- Act of 1996 (42 U.S.C. 262 note) are repealed. Defense in the planning, design, and con- (3) EFFECTIVE DATE.—The amendments struction of a Department of Defense govern- ganization. In 2000, the U.S. exported made by this subsection shall take effect as ment-owned, contractor-operated vaccine more than $22 billion worth of goods if incorporated in the Antiterrorism and Ef- production facility on a military installa- and services to Taiwan, more than we fective Death Penalty Act of 1996. tion, as appropriate. exported to either China or Hong Kong. (b) REGULATION OF CHEMICAL OR BIOLOGICAL SEC. 8. ENHANCEMENT OF PENALTIES FOR ANI- The trade relationship between the AGENTS AND TOXINS POSING POTENTIAL NA- MAL AND PLANT ENTERPRISE TER- United States and Taiwan has blos- RORISM. TIONAL SECURITY THREAT.— somed despite the fact that Taiwan is (1) IN GENERAL.—Part F of title III of the Section 43 of title 18, United States Code, Public Health Service Act (42 U.S.C. 262 et is amended— largely excluded from the inter- seq.), as amended by subsection (a)(1), is fur- (1) in subsection (a), by striking ‘‘one national forums that help promote eco- ther amended by inserting after section 351A, year’’ and inserting ‘‘5 years’’; nomic and political liberalization. For the following: (2) in subsection (b)— example, Taiwan is not a member of ‘‘SEC. 351B. REGULATION OF CHEMICAL OR BIO- (A) by redesignating paragraph (2) as para- the United Nations. LOGICAL AGENTS AND TOXINS POS- graph (3); This international isolation will ING POTENTIAL NATIONAL SECU- (B) by inserting after paragraph (1) the fol- start to end in 2002, when Taiwan is RITY THREAT. lowing: scheduled to become a member of the ‘‘(a) IN GENERAL.— ‘‘(2) EXPLOSIVES OR ARSON.—Whoever in the ‘‘(1) LIST OF CHEMICAL OR BIOLOGICAL course of a violation of subsection (a) mali- World Trade Organization, WTO. As AGENTS AND TOXINS POSING NATIONAL SECU- ciously damages or destroys, or attempts to part of the membership process, Tai- RITY THREAT.—The Secretary shall, through damage or destroy, by means of fire or an ex- wan made a number of trade conces- regulations promulgated under subsection plosive, any building, vehicle, or other real sions to further liberalize its trade re- (d), establish and maintain a list of those or personal property used by the animal or gime; the U.S. will benefit from the chemical or biological agents and toxins list- plant enterprise shall be imprisoned for not lowered tariffs and declining market ed pursuant to section 351A(a)(1) that the less than 5 years and not more than 20 years, barriers that were part of these conces- Secretary determines to be a potential na- fined under this title, or both.’’; and tional security threat. (C) in paragraph (3), as so redesignated, by sions. ‘‘(2) CRITERIA.—In determining whether to striking ‘‘under this title and’’ and all that There are opportunities in the Tai- include an agent or toxin on the list under follows through the period and inserting wanese market that we must look to subsection (a), the Secretary shall— ‘‘under this title, imprisoned for life or for seize. For example, U.S. agricultural ‘‘(A) consider the criteria specified in sec- any term of years.’’; and producers have been particularly tion 351A(a)(2)(A)(i), and any other criteria (3) in subsection (c)— under-represented in the list of exports that the Secretary considers appropriate; (A) by striking ‘‘and’’ at the end of para- to the region. and graph (1); ‘‘(B) consult with scientific, intelligence, A U.S.-Taiwan FTA could eliminate (B) by striking the period at the end of the last barriers to U.S. exports to Tai- and military experts representing appro- paragraph (2) and inserting ‘‘; and’’; and priate professional groups. (C) by adding at the end the following: wan. Exporters, particularly agricul- ‘‘(b) REGULATION OF TRANSFERS OF LISTED ‘‘(3) for any other economic damage result- tural exporters, would finally have un- CHEMICAL OR BIOLOGICAL AGENTS AND TOX- ing from the violation of this section.’’. fettered access to a market of more INS.—The Secretary shall, through regula- than 22 million people. Moreover, im- tions promulgated under subsection (d), pro- By Mr. BAUCUS: porters would benefit from reduced tar- vide for the establishment and enforcement of standards and procedures governing the S. 1636. A bill to authorize the nego- iffs and easier customs regulations. possession, use, and transfer of chemical or tiation of a Free Trade Agreement with The economic rationale for a U.S.- biological agents and toxins listed pursuant Taiwan, and to provide for expedited Taiwan FTA is indisputable. But the to subsection (a)(1) that are designed to pro- congressional consideration of such an United States has always exported tect public safety and national security, in- agreement; to the Committee on Fi- more than just its goods and services. cluding safeguards to prevent access to such nance. This Nation’s support of freedom and agents and toxins for use in domestic or Mr. BAUCUS. Mr. President. I rise democracy throughout the world has international terrorism or for any other criminal purpose. today to introduce the United States— been its most important trade policy ‘‘(c) CIVIL MONEY PENALTIES.—A violation Taiwan Free Trade Agreement Act of for more than two hundred years. of a requirement imposed by a regulation 2001. This bill authorizes the President Taiwan shares these values and de- promulgated under this section shall be sub- to begin negotiations with Taiwan on a serves the continued support, both po- ject, in addition to any other applicable civil Free Trade Agreement, FTA, and pro- litical and economic, of the United or criminal sanctions, to a civil money pen- vides for fast track consideration of a States. Over the past fifty years, Tai- alty in an amount not to exceed $250,000. ‘‘(d) REGULATIONS.—The Secretary shall completed agreement by the Congress. wan has evolved from single-party rule promulgate regulations to carry out this sec- Like the U.S.-Jordan Free Trade to a nation of free and open elections, tion. Agreement that was passed earlier in where the transfer of power takes place

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.024 pfrm04 PsN: S06PT1 S11492 CONGRESSIONAL RECORD — SENATE November 6, 2001 smoothly and peacefully. Today, it is a an establishment by directing the Na- that. Let’s have them make $8 an hour vibrant democracy that is continuing tional Park Service to conduct a study if they were making $7. This could be to progress towards open markets and of the historic features of Sainte Gene- done if we could in fact have this liberalized trade. Supporting this proc- vieve. After a thorough study, I am earned income tax credit paid at the ess with an FTA not only encourages confident that the National Park Serv- time the person works, as part of their Taiwan to continue its economic re- ice will determine that Sainte Gene- paycheck. forms, it also serves as an explicit ex- vieve is the best tool with which to tell In fact, this idea had been discussed ample of the very real benefits of open- the important and fascinating story of earlier, a number of years ago. We ing markets for those countries that the French in the New World. passed a bill in this Congress that are just beginning to participate in the would allow people to choose this and, global trading system. By Mr. SESSIONS (for himself oddly, not many people have. However, A free trade agreement with Taiwan and Mr. NICKLES): most people don’t fully understand it. is a concrete step that the United S. 1641. A bill to impose additional Others are afraid they might end up States can take towards supporting an requirements to ensure greater use of having a tax liability next year and ally that shares our values. The fact the advance payment of the earned in- didn’t choose it. I don’t think busi- that such an agreement also promises come credit and to extend such ad- nesses have encouraged people to take concrete economic benefits to Amer- vanced payment to all taxpayers eligi- it as much as they should and, as a re- ican farmers and manufacturers makes ble for the credit; to the Committee on sult, only 5 percent of the people who this process even more essential. Finance. are eligible and choose this earned in- I urge my colleagues to join me in Mr. SESSIONS. Mr. President, I take come tax credit have it paid to them in supporting the United States-Taiwan this opportunity to discuss legislation advance when they work. So I think we Free Trade Agreement Act of 2001. I have offered that would be good pub- have a problem there. We can strength- lic policy for the country and a terrific en our economy and we can strengthen By Mr. BOND: stimulus for the economy beginning in the reward for a person going to work S. 1638. A bill to authorize the Sec- January. Let me explain what this is if we tie this credit to the work they retary of the Interior to study the suit- about. do, to their paycheck. ability and feasibility of designating We have in this country a policy of In addition, I have discovered that the French Colonial Heritage Area in helping the working poor called the the earned income tax credit is worth, the State of Missouri as a unit of the earned income tax credit. That was for America, $31 billion a year. That is National Park System, and for other passed in 1975. It was designed to help a lot of money by any standard. As we purposes; to the Committee on Energy lower income people working on an are looking at this time how to create and Natural Resources. hourly wage have a higher income to an infusion of cash into our economy in Mr. BOND. Mr President, I rise today take care of their families. It is shaded a way that would strengthen this econ- to introduce legislation recognizing in fact pretty heavily in favor of low- omy to make it more healthy, more vi- the historical significance of downtown income people who have children. brant, to get people purchasing again, Sainte Genevieve, MO. Sainte Gene- It has worked well on the whole. to put dollars in the hands of con- vieve was one of the first European set- There have been a lot of people who sumers, I can think of no better way tlements west of the Mississippi River, have criticized it. They have called it with the least possible cost to the and still contains many structures and welfare. In a way, it is a benefit given. Treasury than to have this money that artifacts that have survived from its But it is a benefit given in exchange for would be entitled to come in the next rich early history. Establishing this work, when a person works. It is a ben- fiscal year actually start coming in area as a unit of the National Park efit from the Federal Government January on a person’s paycheck. I System will provide an unparalleled called the earned income tax credit. It think that would be a tremendous way opportunity for Americans to be edu- is a tax credit. If you work, you earn it. to pour additional money into the cated about our Nation’s colonial past. It has in general been a good way to economy without having any impact Sainte Genevieve was founded by help the working poor, as we call them on the Treasury, except the loss of in- French settlers in the mid Eighteenth today. Since 1975, we have done that. terest on the money the Federal Gov- Century. These early pioneers traveled The way the person receives the ernment would be sitting on. This south from French Canada, and built money, however, is detached from their would not hurt poor people in any way. the rare French Colonial style struc- work. The way a person receives their It would not withhold or delay them tures that remain in place to this day. earned income tax credit is to file their receiving any money. But in fact it Today, the area contains an invaluable tax return in February, March, April would advance their receipt of the wealth of Native American and French and get a tax return the next year after money. So they would be receiving in Colonial sites, artifacts, and architec- working all year. For example, for the February, March, April, May, when ture. Perhaps most impressively, down- year 2001, a low-income worker with their tax refund comes due, their re- town Sainte Genevieve contains three two or more children could claim $4,008 fund under the earned income tax cred- of only five poteaux-en-terre (posts in in earned income tax credit, a worker it for this year’s work, but they would the ground) vertical log French homes with one child could receive up to have already begun on January 1 of remaining in North America, dating $2,428, and a worker with no children this year to receive on their paycheck from the 1790’s. could receive $364. The average earned the money for next year. So it would In addition to the historic downtown income tax credit for a beneficiary advance that payment and would pro- district, the area adjacent to Sainte with a qualifying child, one child, in vide a real stimulus to the economy be- Genevieve is rich in historic sites. The 1999, was $1,941. That is about $150 a cause low-income people are going to ‘‘Grand Champ’’ common field of the month, almost $1 an hour when figured be the ones who are most likely to French colonists still retains its origi- on 160 hours for a month. It is a signifi- spend it. nal field land pattern. The area’s saline cant benefit from the Federal Govern- Remember, it would impact their salt springs were an important indus- ment. paychecks significantly in that there is try source for Native American and Eu- From a public policy point of view, it no withholding from this earned in- ropean settlers. And nearby ceremonial has been less effective in achieving the come tax credit. They will have al- mounds are evidence of a prehistoric goal we want it to achieve, which is to ready paid their insurance, retirement Native American village. encourage work, because it is received benefits, Social Security, FICA, and This area is a truly valuable asset to at the end of the year, really the next withholding taxes. All of that would the State of Missouri, and I feel that it year; and it is disconnected to the have already been paid. Whatever they is only fair to share it with the entire work the person has undertaken. get in addition would be money they nation by establishing the French Co- We want to encourage people to could put into their pockets. So it lonial Heritage Area as a unit of the work. We want work to be more re- would achieve the goal of the earned National Park System. My legislation warding. We want a person making $6 income tax credit to enhance and make would take the first step toward such an hour making $7 an hour, just like work more valuable and, at the same

VerDate 06-NOV-2001 02:19 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.050 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11493 time, would provide a tremendous and with the administration. I hope AMENDMENTS SUBMITTED AND stimulus to our economy. I am excited they will seize this opportunity to do PROPOSED about this possibility, and I know Sen- something that, to me, has a win-win- SA 2089. Mr. GRAMM submitted an amend- ator REED, who is in the chair, and I win all over it, with no negatives. It is ment intended to be proposed by him to the have discussed this. He was at least in- the right thing to do. Some say, well, bill H.R. 3061, making appropriations for the trigued by this idea. business people may not want to han- Departments of Labor, Health and Human I was pleased today that Senator dle the paperwork on this. Services, and Education, and related agen- NICKLES, who has been a critic of the Businesspeople print their checks out cies for the fiscal year ending September 30, earned income tax credit, one who has by computers, and it is not difficult for 2002, and for other purposes; which was or- studied it carefully and has observed dered to lie on the table. them. The money is paid to them. I SA 2090. Mr. GRAMM submitted an amend- some of its problems, believes it is a talked to one gentlemen who hires em- ment intended to be proposed by him to the good reform, and he is supporting and ployees—quite a number of low-income bill H.R. 3061, supra; which was ordered to lie has signed onto this bill as an original workers. He said he though it was a on the table. cosponsor. wonderful idea. It would be great for SA 2091. Mr. GRAMM submitted an amend- So we have an opportunity to do his workers, and it would be no prob- ment intended to be proposed by him to the something good for the economy, to do lem at all for them to make that a part bill H.R. 3061, supra; which was ordered to lie something good for poor people, to in of their payroll check plan. It is just a on the table. effect have the businesses that now SA 2092. Mr. GRAMM submitted an amend- matter of getting the person who proc- ment intended to be proposed by him to the have to provide the option to their em- esses that to factor it in, and it works bill H.R. 3061, supra; which was ordered to lie ployees to go on and provide this rather easily. on the table. money, which is reimbursed by the Again, I believe it is a good idea, and SA 2093. Mr. GRAMM submitted an amend- Federal Government immediately—it I have submitted it to the Senate. I ment intended to be proposed by him to the doesn’t cost them anything—and their will be talking with the leadership and bill H.R. 3061, supra; which was ordered to lie on the table. workers would receive 50 or 60 cents an urging its passage. It is the right thing hour pay raise as a result of this pay- SA 2094. Mr. GRAMM submitted an amend- to do, and I think we ought to do it. ment intended to be proposed by him to the ment. I think it is something they The time is long past that we make bill H.R. 3061, supra; which was ordered to lie ought to be excited about doing. I this earned income tax credit really do on the table. think it would enhance their workers what it is supposed to do, which is en- SA 2095. Mr. NICKLES submitted an benefits from working and make them courage work. It is to encourage people amendment intended to be proposed to better employees. to work and, at the same time, when amendment SA 2044 submitted by Mr. So it is time for us to do it now. I we do it by advancing it this year, we Daschle and intended to be proposed to the have been concerned about the issue. I bill (H.R. 3061) supra; which was ordered to will provide a stimulus to the economy lie on the table. have studied it for a number of years. in a very significant way. We estimate I had some independent research done SA 2096. Mr. NICKLES submitted an that out of $31 billion in earned income amendment intended to be proposed to on it several years ago, and I have been tax credit, we would be advancing at amendment SA 2044 submitted by Mr. thinking and looking for an oppor- least $15 billion next year, and that Daschle and intended to be proposed to the tunity to present it in the form of leg- would be a healthy stimulus indeed for bill (H.R. 3061) supra; which was ordered to islation. At this time, when we need a the economy. lie on the table. financial stimulus, I can’t think of a SA 2097. Mr. NICKLES submitted an amendment intended to be proposed to better time. So I am asking the Fi- By Mr. ENZI: nance Committee, and I have talked amendment SA 2044 submitted by Mr. S. 1642. A bill to open certain with- Daschle and intended to be proposed to the with the Director of the OMB, Mitch drawn land in Big Horn County Wyo- bill (H.R. 3061) supra; which was ordered to Daniels, the Secretary of the Treasury, ming, to locatable mineral develop- lie on the table. Mr. O’Neill, and his top staff person. ment for bentonite mining; to the Com- SA 2098. Mr. NICKLES submitted an They are all intrigued by this and be- mittee on Energy and Natural Re- amendment intended to be proposed to lieve it has merit. amendment SA 2044 submitted by Mr. sources. I think it is time for us to consider Daschle and intended to be proposed to the that this be a part of our stimulus Mr. ENZI. Mr. President, I ask unani- bill (H.R. 3061) supra; which was ordered to package. It has little long-term impact mous consent that the text of the bill lie on the table. on the Federal Treasury, but it would be printed in the RECORD. SA 2099. Mr. NICKLES submitted an There being no objection, the bill was amendment intended to be proposed to provide a tremendous infusion of cash amendment SA 2044 submitted by Mr. into the economy just at the time we ordered to be printed in the RECORD, as Daschle and intended to be proposed to the need people to go to the store and buy follows: bill (H.R. 3061) supra; which was ordered to things, generating demand out there S. 1642 lie on the table. SA 2100. Mr. NICKLES submitted an that would allow factories to produce Be it enacted by the Senate and House of Rep- amendment intended to be proposed to more products. It would be giving addi- resentatives of the United States of America in amendment SA 2044 submitted by Mr. tional wages to people who may be get- Congress assembled, Daschle and intended to be proposed to the ting less overtime now than they were SECTION 1. OPENING OF CERTAIN WITHDRAWN bill (H.R. 3061) supra; which was ordered to a year ago—maybe not even getting 40 LAND IN WYOMING TO LOCATABLE lie on the table. hours a week now as they were last MINERAL DEVELOPMENT FOR BEN- SA 2101. Mr. KENNEDY submitted an TONITE MINING. year. Those people would receive high- amendment intended to be proposed to er wages for each hour they do work. (a) IN GENERAL.—Notwithstanding any amendment SA 2044 submitted by Mr. I talked to a businessperson today, other provision of law and subject to sub- Daschle and intended to be proposed to the section (c), the land described in subsection and they said they were on 4-day work- bill (H.R. 3061) supra; which was ordered to (b) shall be open to locatable mineral devel- lie on the table. weeks with their employees. They opment for bentonite mining. hated to do it, but there wasn’t demand SA 2102. Mr. KENNEDY submitted an (b) COVERED LAND.—The land referred to in amendment intended to be proposed to for their products sufficient to keep subsection (a) is approximately 40 acres of amendment SA 2044 submitted by Mr. them fully engaged. Rather than lay previously withdrawn land located in Big Daschle and intended to be proposed to the people off, they put everybody on a 4- Horn County, Wyoming, at the sixth prin- bill (H.R. 3061) supra; which was ordered to day workweek. So a lot of people are cipal meridian, T. 56 N., R. 95 W., Sec. 32. lie on the table. losing hours, and this would help keep E1⁄2E1⁄2SE1⁄4, adjacent to Pit No. 144L covered SA 2103. Mr. KENNEDY submitted an them from losing income. I think it is by State of Wyoming Mining Permit No. amendment intended to be proposed to 321C. good for the low-income workers in amendment SA 2044 submitted by Mr. (c) CLOSURE.—The Secretary of the Army Daschle and intended to be proposed to the America. I think it is good for the may close the land opened by subsection (a) bill (H.R. 3061) supra; which was ordered to economy, and I think it is good public at any time if the Secretary determines that lie on the table. policy for America. the closure of the land is required by reason SA 2104. Mr. KENNEDY submitted an Mr. President, we have talked with of a national emergency or for purposes of amendment intended to be proposed to members of the Finance Committee national defense or security. amendment SA 2044 submitted by Mr.

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.035 pfrm04 PsN: S06PT1 S11494 CONGRESSIONAL RECORD — SENATE November 6, 2001 Daschle and intended to be proposed to the plied by substituting ‘‘200,000’’ for ‘‘5,000’’ the fiscal year ending September 30, bill (H.R. 3061) supra; which was ordered to and ‘‘1000’’ for ‘‘25’’. 2002, and for other purposes; which was lie on the table. ordered to lie on the table; as follows: SA 2105. Mr. SMITH of Oregon submitted SA 2092. Mr. GRAMM submitted an an amendment intended to be proposed to On page 10 of the amendment, line 17, in- amendment intended to be proposed by sert before the semicolon the following: ‘‘, amendment SA 2044 submitted by Mr. him to the bill H.R. 3061, making ap- Daschle and intended to be proposed to the including any restrictions on a public safety bill (H.R. 3061) supra; which was ordered to propriations for the Departments of officer’s right to serve in a volunteer capac- lie on the table. Labor, Health and Human Services, ity’’. SA 2106. Ms. LANDRIEU (for herself and and Education, and related agencies for Mr. DEWINE) proposed an amendment to the the fiscal year ending September 30, SA 2097. Mr. NICKLES submitted an bill H.R. 2944, making appropriations for the 2002, and for other purposes; which was amendment intended to be proposed to government of the District of Columbia and ordered to lie on the table; as follows: amendment SA 2044 submitted by Mr. other activities chargeable in whole or in DASCHLE and intended to be proposed part against the revenues of said District for At the end of the amendment add the fol- lowing: to the bill (H.R. 3061) making appro- the fiscal year ending September 30, 2002, and priations for the Departments of for other purposes. SEC. . APPLICABILITY TO CERTAIN POLITICAL SA 2107. Mr. ALLEN submitted an amend- SUBDIVISIONS. Labor, Health and Human Services, ment intended to be proposed by him to the Notwithstanding any other provision of and Education, and related agencies for bill H.R. 2944, supra; which was ordered to lie this title, section lll08(a)(5) shall be ap- the fiscal year ending September 30, on the table. plied by substituting ‘‘100,000’’ for ‘‘5,000’’ 2002, and for other purposes; which was SA 2108. Mr. INHOFE submitted an amend- and ‘‘500’’ for ‘‘25’’. ordered to lie on the table; as follows: ment intended to be proposed by him to the On page 5 of the amendment, line 8, insert bill H.R. 2944, supra; which was ordered to lie SA 2093. Mr. GRAMM submitted an on the table. amendment intended to be proposed by before the semicolon the following: ‘‘and who does not serve in a volunteer capacity’’. f him to the bill H.R. 3061, making ap- TEXT OF AMENDMENTS propriations for the Departments of SA 2098. Mr. NICKLES submitted an SA 2089. Mr. GRAMM submitted an Labor, Health and Human Services, amendment intended to be proposed to amendment intended to be proposed by and Education, and related agencies for amendment SA 2044 submitted by Mr. him to the bill H.R. 3061, making ap- the fiscal year ending September 30, DASCHLE and intended to be proposed propriations for the Departments of 2002, and for other purposes; which was to the bill (H.R. 3061) making appro- Labor, Health and Human Services, ordered to lie on the table; as follows: priations for the Departments of and Education, and related agencies for At the end of the amendment add the fol- Labor, Health and Human Services, the fiscal year ending September 30, lowing: and Education, and related agencies for 2002, and for other purposes; which was SEC. . APPLICABILITY TO CERTAIN POLITICAL the fiscal year ending September 30, ordered to lie on the table; as follows: SUBDIVISIONS. 2002, and for other purposes; which was Notwithstanding any other provision of ordered to lie on the table; as follows: At the end of the amendment add the fol- this title, section lll08(a)(5) shall be ap- lowing: plied by substituting ‘‘50,000’’ for ‘‘5,000’’ and On page 14 of the amendment, line 6 strike SEC. . APPLICABILITY TO STATES. ‘‘250’’ for ‘‘25’’. ‘‘5,000’’ and insert ‘‘25,000.’’ Notwithstanding any other provision of this title, nothing in this title shall apply SA 2094. Mr. GRAMM submitted an SA 2099. Mr. NICKLES submitted an with respect to a State unless the State, amendment intended to be proposed by amendment intended to be proposed to prior to the close of the first regular session him to the bill H.R. 3061, making ap- amendment SA 2044 submitted by Mr. of the State legislature that begins after the DASCHLE and intended to be proposed date of enactment of this Act, enacts a law propriations for the Departments of Labor, Health and Human Services, to the bill (H.R. 3061) making appro- that provides rights and protections that are priations for the Departments of substantially similar to the rights and pro- and Education, and related agencies for tections provided for in this title. the fiscal year ending September 30, Labor, Health and Human Services, 2002, and for other purposes; which was and Education, and related agencies for SA 2090. Mr. GRAMM submitted an ordered to lie on the table; as follows: the fiscal year ending September 30, amendment intended to be proposed by 2002, and for other purposes; which was At the end of the amendment add the fol- him to the bill H.R. 3061, making ap- lowing: ordered to lie on the table; as follows: propriations for the Departments of SEC. . APPLICABILITY TO CERTAIN POLITICAL On page 14 of the amendment, line 7 strike Labor, Health and Human Services, SUBDIVISIONS. ‘‘25’’ and insert ‘‘100.’’ and Education, and related agencies for Notwithstanding any other provision of the fiscal year ending September 30, this title, section lll08(a)(5) shall be ap- SA 2100. Mr. NICKLES submitted an 2002, and for other purposes; which was plied by substituting ‘‘25,000’’ for ‘‘5,000’’ and amendment intended to be proposed to ordered to lie on the table; as follows: ‘‘100’’ for ‘‘25’’. amendment SA 2044 submitted by Mr. On page 12 of the amendment, line 18, add DASCHLE and intended to be proposed after the period the following: ‘‘No contract, SA 2095. Mr. NICKLES submitted an to the bill (H.R. 3061) making appro- or agreement surrounding a contract or con- amendment intended to be proposed to priations for the Departments of tract negotiations, may provide amnesty, amendment SA 2044 submitted by Mr. Labor, Health and Human Services, immunity or protection against prosecution DASCHLE and intended to be proposed and Education, and related agencies for to any public safety employer, employee, of- to the bill (H.R. 3061) making appro- the fiscal year ending September 30, ficer, labor organization, or labor organiza- priations for the Departments of 2002, and for other purposes; which was tion official who violated the prohibition Labor, Health and Human Services, ordered to lie on the table; as follows: contained in preceding sentence or any simi- and Education, and related agencies for lar State or local prohibition.’’. On page 10 of the amendment, line 24, in- the fiscal year ending September 30, sert before the semicolon the following: ‘‘and SA 2091. Mr. GRAMM submitted an 2002, and for other purposes; which was to protect the right of each employee to amendment intended to be proposed by ordered to lie on the table; as follows: serve in a volunteer capacity if the employee him to the bill H.R. 3061, making ap- On page 8 of the amendment, line 22, insert has joined a labor organization.’’ propriations for the Departments of before the period the following: ‘‘and ensur- SA 2101. Mr. KENNEDY submitted an Labor, Health and Human Services, ing that all public safety officers are per- mitted to serve in a volunteer capacity’’. amendment intended to be proposed to and Education, and related agencies for amendment SA 2044 as submitted by the fiscal year ending September 30, SA 2096. Mr. NICKLES submitted an Mr. DASCHLE and intended to be pro- 2002, and for other purposes; which was amendment intended to be proposed to posed to the bill (H.R. 3061) making ap- ordered to lie on the table; as follows: amendment SA 2044 submitted by Mr. propriations for the Departments of At the end of the amendment add the fol- DASCHLE and intended to be proposed Labor, Health and Human Services, lowing: to the bill (H.R. 3061) making appro- and Education, and related agencies for SEC. . APPLICABILITY TO CERTAIN POLITICAL SUBDIVISIONS. priations for the Departments of the fiscal year ending September 30, Notwithstanding any other provision of Labor, Health and Human Services, 2002, and for other purposes;, which was this title, section lll08(a)(5) shall be ap- and Education, and related agencies for ordered to lie on the table; as follows: November 6, 2001 CONGRESSIONAL RECORD — SENATE S11495 After line 13 on page 3, insert the fol- protect our property, freedoms and loved the Committees on Appropriations of the lowing: ones in exercising their right to follow their Senate and House of Representatives for ‘‘(4) The existing constitutional or statu- conscience in whether or not to join a labor these funds showing, by object class, the ex- tory rights of all firefighters, law enforce- organization in connection with the decision penditures made and the purpose therefor: ment officers and public safety employees to pursue a career dedicated to service and Provided further, That not more than seven who risk their lives on a daily basis to pro- sacrifice in defense of the innocent in order percent of the amount provided herein for tect our property, freedoms and loved ones to provide for their own families.’’ this program may be used for administrative should be protected to permit them to exer- expenses. cise their right to follow their conscience in SA 2105. Mr. SMITH of Oregon sub- FEDERAL PAYMENT TO THE DISTRICT OF whether or not to join a labor organization mitted an amendment intended to be COLUMBIA COURTS or pay dues or fees to a labor organization in proposed to amendment SA 2044 sub- For salaries and expenses for the District connection with the decision to pursue a ca- mitted by Mr. DASCHLE and intended to of Columbia Courts, $140,181,000, to be allo- reer dedicated to service and sacrifice in de- be proposed to the bill (H.R. 3061) mak- cated as follows: for the District of Columbia fense of the innocent in order to provide for ing appropriations for the Departments Court of Appeals, $8,003,000, of which not to their own families.’’ exceed $1,500 is for official reception and rep- of Labor, Health and Human Services, resentation expenses; for the District of Co- SA 2102. Mr. KENNEDY submitted an and Education, and related agencies for lumbia Superior Court, $72,694,000, of which amendment intended to be proposed to the fiscal year ending September 30, not to exceed $1,500 is for official reception amendment SA 2044 submitted by Mr. 2002, and for other purposes; which was and representation expenses; for the District DASCHLE and intended to be proposed ordered to lie on the table; as follows: of Columbia Court System, $31,634,000, of to the bill (H.R. 3061) making appro- At the end of the amendment, add the fol- which not to exceed $1,500 is for official re- lowing: ception and representation expenses; and priations for the Departments of $27,850,000 for capital improvements for Dis- Labor, Health and Human Services, SEC. . LIMITATION. trict of Columbia courthouse facilities: Pro- and Education, and related agencies for Nothing in this title shall be construed to vided, That notwithstanding any other provi- the fiscal year ending September 30, permit parties that are subject to regula- sion of law, all amounts under this heading tions promulgated under this Act (under the shall be apportioned quarterly by the Office 2002, and for other purposes; which was authority of the National Labor Relations ordered to lie on the table; as follows: of Management and Budget and obligated Act) to negotiate provisions in a collective and expended in the same manner as funds After line 7 on page 9, insert the following: bargaining agreement that would prohibit appropriated for salaries and expenses of ‘‘(7) protect the existing state right, if any, public safety employees from engaging in other Federal agencies, with payroll and fi- of all firefighters, law enforcement officers part-time employment or volunteer activi- nancial services to be provided on a contrac- and public safety employees who risk their ties during off-duty hours. tual basis with the General Services Admin- lives on a daily basis to protect our property, istration (GSA), said services to include the freedoms, and loved ones in exercising their SA 2106. Ms. LANDRIEU (for herself preparation of monthly financial reports, right to follow their conscience in whether and Mr. DEWINE) proposed an amend- copies of which shall be submitted directly or not to join a labor organization or pay ment to the bill H.R. 2944, making ap- by GSA to the President and to the Commit- dues or fees to a labor organization in con- propriations for the government of the tees on Appropriations of the Senate and nection with the decision to pursue a career District of Columbia and other activi- House of Representatives, the Committee on dedicated to service and sacrifice in defense Governmental Affairs of the Senate, and the of the innocent in order to provide for their ties chargeable in whole or in part against the revenues of said District Committee on Government Reform of the own families.’’ House of Representatives: Provided further, for the fiscal year ending September 30, That after providing notice to the Commit- SA 2103. Mr. KENNEDY submitted an 2002, and for other purposes; as follows: tees on Appropriations of the Senate and amendment intended to be proposed to That the following sums are appropriated, House of Representatives, the District of Co- amendment SA 2044 submitted by Mr. out of any money in the Treasury not other- lumbia Courts may reallocate not more than DASCHLE and intended to be proposed wise appropriated, for the District of Colum- $1,000,000 of the funds provided under this to the bill (H.R. 3061) making appro- bia for the fiscal year ending September 30, heading among the items and entities funded priations for the Departments of 2002, and for other purposes, namely: under such heading: Provided further, That of Labor, Health and human Services, and FEDERAL FUNDS this amount not less than $23,315,000 is for activities authorized under S. 1382, the Dis- FEDERAL PAYMENT FOR RESIDENT TUITION Education, and related agencies for the trict of Columbia Family Court Act of 2001: SUPPORT fiscal year ending September 30, 2002, Provided further, That of the funds made and for other purposes; which was or- For a Federal payment to the District of available for the District of Columbia Supe- dered to lie on the table; as follows: Columbia, to be deposited into a dedicated rior Court, $6,603,000 may remain available account, for a nationwide program to be ad- until September 30, 2003: Provided further, After line 13 page 3, insert the following: ministered by the Mayor, for District of Co- ‘‘(4) The existing constitutional or statu- That of the funds made available for the Dis- lumbia resident tuition support, $17,000,000, tory rights of all firefighters, law enforce- trict of Columbia Court System, $485,000 may to remain available until expended: Provided, ment officers and public safety employees remain available until September 30, 2003: That such funds, including any interest ac- who risk their lives on a daily basis to pro- Provided further, That of the funds made crued thereon, may be used on behalf of eli- tect our property, freedoms, and loved ones available for capital improvements, gible District of Columbia residents to pay should be protected to permit them to exer- $21,855,000 may remain available until Sep- an amount based upon the difference be- cise their right to follow their conscience in tember 30, 2003. tween in-State and out-of-State tuition at whether or not to join a labor organization ADMINISTRATIVE PROVISIONS public institutions of higher education, or to in connection with the decision to pursue a Section 11–1722(a), District of Columbia pay up to $2,500 each year at eligible private career dedicated to service and sacrifice in Code, is amended in the first sentence by institutions of higher education: Provided defense of the innocent in order to provide striking ‘‘, subject to the supervision of the further, That the awarding of such funds may for their own families.’’ Executive Officer’’. be prioritized on the basis of a resident’s aca- Section 11–1723(a)(3), District of Columbia demic merit, the income and need of eligible Code, is amended by striking ‘‘and the inter- SA 2104. Mr. KENNEDY submitted an students and such other factors as may be amendment intended to be propsoed to nal auditing of the accounts of the courts’’. authorized: Provided further, That the Dis- The Victims of Violent Crime Compensa- amendment SA 2044 submitted by Mr. trict of Columbia government shall establish tion Act of 1996 (D.C. Code, sec. 3–421 et seq. DASCHLE and intended to be proposed a dedicated account for the Resident Tuition (1981 Ed., 1999 Supp.) as amended by Public to the bill (H.R. 3061) making appro- Support Program that shall consist of the Law 106–113, § 160 and Public Law 106–554, priations for the Departments of Federal funds appropriated to the Program § 1(a)(4), H.R. 5666, Division A, Chapter 4, Labor, Health and Human Services, in this Act and any subsequent appropria- § 403) is amended: (a) in section 2 (D.C. Code, and Education, and related agencies for tions, any unobligated balances from prior sec. 3–421 (1981 Ed., 1999 Supp.)), as amended fiscal years, and any interest earned in this the fiscal year ending September 30, by District of Columbia Law 13–172, § 202(a) or any fiscal year: Provided further, That the (except for paragraph (6)); (b) in section 7(c) 2002, and for other purposes; which was account shall be under the control of the (D.C. Code, sec. 3–426(c) (1981 Ed., 1999 ordered to lie on the table; as follows: District of Columbia Chief Financial Officer Supp.)), as amended by District of Columbia After line 24 on page 10, insert the fol- who may use those funds solely for the pur- Law 13–172, § 202(b); (c) in section 8 (D.C. lowing: poses of carrying out the Resident Tuition Code, sec. 3–427 (1981 Ed., 1999 Supp.)), as ‘‘(7) protect the existing constitutional or Support Program: Provided further, That the amended by District of Columbia Law 13–172, statutory rights of all firefighters, law en- Resident Tuition Support Program Office § 202(c); and (d) in section 16(e) (D.C. Code, forcement officers and public safety employ- and the Office of the Chief Financial Officer sec. 3–435(e) (1981 Ed., 1999 Supp.)), to read as ees who risk their lives on a daily basis to shall provide a quarterly financial report to follows: S11496 CONGRESSIONAL RECORD — SENATE November 6, 2001 ‘‘(e) All compensation and attorneys’ fees of the National Capital Revitalization and made available for reimbursement of plan- awarded under this chapter shall be paid Self-Government Improvement Act of 1997 ning and related expenses incurred by the from, and subject to, the availability of mon- (Public Law 105–33; 111 Stat. 712) of which District of Columbia in anticipation of pro- ies in the Fund. No more than five percent of $1,000,000 is to fund an initiative to improve viding security for the planned meetings in the total amount of monies in the Fund shall case processing in the District of Columbia September 2001 of the World Bank and the be used to pay administrative costs nec- criminal justice system, $2,500,000 to remain International Monetary Fund in the District essary to carry out this chapter.’’. available until September 30, 2003 is for of Columbia: Provided further, That the Section 11–2604, District of Columbia Code, building renovation or space acquisition re- Mayor and the Chairman of the Council of is amended: quired to accommodate functions transferred the District of Columbia shall develop, in (1) in subsection (a), by striking ‘‘50’’ and from the Lorton Correctional Complex, and consultation with the Director of the Office inserting ‘‘75’’; and $2,000,000 to remain available until Sep- of Personnel Management, the United States (2) in subsection (b)— tember 30, 2003, is to be transferred to the ap- Secret Service, the United States Capitol (A) by striking ‘‘1300’’ each time it appears propriate agency for the closing of the sew- Police, the United States Park Police, the and inserting ‘‘1900’’; age treatment plant and the removal of un- Washington Metropolitan Area Transit Au- (B) by striking ‘‘2450’’ each time it appears derground storage tanks at the Lorton Cor- thority, regional transportation authorities, and inserting ‘‘3600’’. rectional Complex: Provided, That notwith- the Federal Emergency Management Agency Section 16–2326.1(b), District of Columbia standing any other provision of law, funds and state and local law enforcement entities Code (1997 Repl.), is amended— appropriated in this Act for the District of in the region an integrated emergency plan (1) by striking ‘‘1,100’’ each time it appears Columbia Corrections Trustee shall be ap- for the District of Columbia in cases of na- and inserting ‘‘1,600’’; portioned quarterly by the Office of Manage- tional security events, including terrorist (2) in paragraph (3), by striking ‘‘1,500’’ and ment and Budget and obligated and expended threats, protests, or other unanticipated inserting ‘‘2,200’’; and in the same manner as funds appropriated events: Provided further, That such plan shall (3) in paragraph (4), by striking ‘‘750’’ and for salaries and expenses of other Federal include a response to attacks or threats of inserting ‘‘1,100’’. agencies. attacks using biological or chemical agents: DEFENDER SERVICES IN DISTRICT OF COLUMBIA FEDERAL PAYMENT TO THE COURT SERVICES Provided further, That the city shall submit COURTS AND OFFENDER SUPERVISION AGENCY FOR this plan to the Committees on Appropria- For payments authorized under section 11– THE DISTRICT OF COLUMBIA tions of the Senate and the House of Rep- 2604 and section 11–2605, D.C. Code (relating resentatives no later than January 2, 2002: (INCLUDING TRANSFER OF FUNDS) to representation provided under the District Provided further, That the Chief Financial Of- of Columbia Criminal Justice Act), pay- For salaries and expenses, including the ficer of the District of Columbia shall pro- ments for counsel appointed in proceedings transfer and hire of motor vehicles, of the vide quarterly reports to the Committees on in the Family Division of the Superior Court Court Services and Offender Supervision Appropriations of the Senate and the House of the District of Columbia under chapter 23 Agency for the District of Columbia, as au- of Representatives on the use of the funds of title 16, D.C. Code, and payments for coun- thorized by the National Capital Revitaliza- under this heading, beginning no later than sel authorized under section 21–2060, D.C. tion and Self-Government Improvement Act January 2, 2002. of 1997 (Public Law 105–33; 111 Stat. 712), Code (relating to representation provided FEDERAL PAYMENT TO THE THURGOOD $147,300,000, of which $13,015,000 shall remain under the District of Columbia Guardian- MARSHALL ACADEMY CHARTER SCHOOL ship, Protective Proceedings, and Durable available until expended, and of which not to For a Federal payment to the Thurgood Power of Attorney Act of 1986), $39,311,000, to exceed $5,000 is for official receptions related Marshall Academy Charter School, $1,000,000 remain available until expended: Provided, to offender and defendant support programs; to be used to acquire and renovate an edu- That the funds provided in this Act under of which $94,112,000 shall be for necessary ex- cational facility in Anacostia. the heading ‘‘Federal Payment to the Dis- penses of Community Supervision and Sex trict of Columbia Courts’’ (other than the Offender Registration, to include expenses FEDERAL PAYMENT TO THE DISTRICT OF $27,850,000 provided under such heading for relating to supervision of adults subject to COLUMBIA PUBLIC SCHOOLS capital improvements for District of Colum- protection orders or provision of services for For a Federal payment to the District of bia courthouse facilities) may also be used or related to such persons; $20,829,000 shall be Columbia Public Schools, $2,750,000, of which for payments under this heading: Provided transferred to the Public Defender Service; $2,000,000 shall be to implement the Voyager further, That in addition to the funds pro- and $32,359,000 shall be available to the Pre- Expanded Learning literacy program in kin- vided under this heading, the Joint Com- trial Services Agency: Provided, That not- dergarten and first grade classrooms in the mittee on Judicial Administration in the withstanding any other provision of law, all District of Columbia Public Schools; $250,000 District of Columbia may use funds provided amounts under this heading shall be appor- shall be for the Failure Free Reading lit- in this Act under the heading ‘‘Federal Pay- tioned quarterly by the Office of Manage- eracy program for non-readers and special ment to the District of Columbia Courts’’ ment and Budget and obligated and expended education students; and $500,000 for the (other than the $27,850,000 provided under in the same manner as funds appropriated McKinley Technical High School for a pub- such heading for capital improvements for for salaries and expenses of other Federal lic/private partnership with Southeastern District of Columbia courthouse facilities), agencies: Provided further, That notwith- University. standing chapter 12 of title 40, United States to make payments described under this head- FEDERAL PAYMENT TO THE GEORGE WASH- Code, the Director may acquire by purchase, ing for obligations incurred during any fiscal INGTON UNIVERSITY CENTER FOR EXCEL- lease, condemnation, or donation, and ren- year: Provided further, That funds provided LENCE IN MUNICIPAL MANAGEMENT ovate as necessary, Building Number 17, 1900 under this heading shall be administered by For a Federal payment to the George the Joint Committee on Judicial Adminis- Massachusetts Avenue, Southeast, Wash- ington, District of Columbia, or such other Washington University Center for Excellence tration in the District of Columbia: Provided in Municipal Management, $250,000 to in- further, That notwithstanding any other pro- site as the Director of the Court Services and Offender Supervision Agency may determine crease the enrollment of managers from the vision of law, this appropriation shall be ap- District of Columbia government. portioned quarterly by the Office of Manage- as appropriate to house or supervise offend- ment and Budget and obligated and expended ers and defendants, with funds made avail- FEDERAL PAYMENT TO THE CHILDREN’S in the same manner as funds appropriated able by this Act: Provided further, That the NATIONAL MEDICAL CENTER for expenses of other Federal agencies, with Director is authorized to accept and use gifts For a Federal payment to the Children’s payroll and financial services to be provided in the form of in-kind contributions of space National Medical Center in the District of on a contractual basis with the General and hospitality to support offender and de- Columbia, $3,200,000 for capital and equip- Services Administration (GSA), said services fendant programs, and equipment and voca- ment improvements. to include the preparation of monthly finan- tional training services to educate and train FEDERAL PAYMENT FOR CHILD AND FAMILY cial reports, copies of which shall be sub- offenders and defendants. SOCIAL SERVICES COMPUTER INTEGRATION mitted directly by GSA to the President and FEDERAL PAYMENT TO THE DISTRICT OF CO- PLAN to the Committees on Appropriations of the LUMBIA FOR SECURITY COSTS RELATED TO For a Federal payment to the District of Senate and House of Representatives, the THE PRESENCE OF THE FEDERAL GOVERN- Columbia, $200,000 for completion of a plan Committee on Governmental Affairs of the MENT IN THE DISTRICT OF COLUMBIA by the Mayor on integrating the computer Senate, and the Committee on Government For a payment to the District of Columbia systems of the District of Columbia govern- Reform of the House of Representatives. to reimburse the District for certain security ment with the Family Court of the Superior FEDERAL PAYMENT TO THE DISTRICT OF expenses related to the presence of the Fed- Court of the District of Columbia: Provided, COLUMBIA CORRECTIONS TRUSTEE OPERATIONS eral Government in the District of Columbia, That, pursuant to section 4 of S. 1382, the For salaries and expenses of the District of $16,058,000: Provided, That a detailed report of District of Columbia Family Court Act of Columbia Corrections Trustee, $32,700,000 for actual and estimated expenses incurred shall 2001, the Mayor shall submit a plan to the the administration and operation of correc- be provided to the Committees on Appropria- President and the Congress within six tional facilities and for the administrative tions of the Senate and House of Representa- months of enactment of that Act, so that so- operating costs of the Office of the Correc- tives no later than June 15, 2002: Provided fur- cial services and other related services to in- tions Trustee, as authorized by section 11202 ther, That of this amount, $3,406,000 shall be dividuals and families served by the Family

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.040 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11497 Court of the Superior Court and agencies of the adoption of children in the District of ment program of the District of Columbia: the District of Columbia government (in- Columbia foster care system, $5,000,000 to re- Provided further, That no revenues from Fed- cluding the District of Columbia Public main available until September 30, 2003: Pro- eral sources shall be used to support the op- Schools, the District of Columbia Housing vided, That $2,000,000 of said amount shall be erations or activities of the Statehood Com- Authority, the Child and Family Services used for attorney fees and home studies: Pro- mission and Statehood Compact Commis- Agency, the Office of the Corporation Coun- vided further, That $1,000,000 of said amount sion: Provided further, That notwithstanding sel, the Metropolitan Police Department, the shall be used for the establishment of a any other provision of law, or Mayor’s Order Department of Health, and other offices de- scholarship fund which adoptive families will 86–45, issued March 18, 1986, the Office of the termined by the Mayor) will be able to ac- use for post high school education and train- Chief Technology Officer’s delegated small cess and share information on the individ- ing for adopted children: Provided further, purchase authority shall be $500,000: Provided uals and families served by the Family That $1,000,000 of said amount shall be used further, That the District of Columbia gov- Court. for the establishment of a private adoptive ernment may not require the Office of the Chief Technology Officer to submit to any FEDERAL PAYMENTS FOR DISTRICT OF COLUM- family resource center in the District of Co- other procurement review process, or to ob- BIA AND FEDERAL LAW ENFORCEMENT MO- lumbia to provide ongoing information, edu- tain the approval of or be restricted in any BILE WIRELESS INTEROPERABILITY PROJECT cation and support to adoptive families: Pro- vided further, That $1,000,000 of said amount manner by any official or employee of the For Federal payments in support of the shall be used for adoption incentives and District of Columbia government, for pur- District of Columbia and the Federal law en- support for children with special needs.’’. chases that do not exceed $500,000: Provided forcement Mobile Wireless Interoperability Of the Federal funds made available in the further, That not less than $353,000 shall be Project, $1,400,000, of which $400,000 shall be District of Columbia Appropriations Act, available to the Office of the Corporation for a payment to the District of Columbia 2001, Public Law 106–522 for the District of Counsel to support increases in the Attorney Office of the Chief Technology Officer, Columbia Public Schools (114 Stat. 2441) and Retention Allowance: Provided further, That $333,334 shall be for a payment to the United the Metropolitan Police Department (114 not less than $50,000 shall be available to States Secret Service, $333,333 shall be for a Stat. 2441) such funds may remain available support a mediation services program within payment to the United States Capitol Police, for the purposes intended until September 30, the Office of the Corporation Counsel: Pro- and $333,333 shall be for a payment to the 2002: Provided, That funds made available in vided further, That not less than $50,000 shall United States Park Police: Provided, That such Act for Brownfield Remediation (114 be available to support a TANF Unit within each agency shall participate in the prepara- Stat. 2445), shall remain available until ex- the Child Support Enforcement Division of tion of a joint report to the Committees on pended. the Office of the Corporation Counsel: Pro- Appropriations of the Senate and the House vided further, That section 403 of the District DISTRICT OF COLUMBIA FUNDS of Representatives to be submitted no later of Columbia Home Rule Act, approved De- than March 30, 2002 on the allocation of these OPERATING EXPENSES cember 24, 1973 (Public Law 93–198; D.C. Offi- resources and a description of each agencies’ DIVISION OF EXPENSES cial Code, sec. 1–204.03), is amended as fol- resource commitment to this project for fis- The following amounts are appropriated lows: cal year 2003. for the District of Columbia for the current (1) Subsection (c) is amended by striking FEDERAL PAYMENT TO THE CHIEF FINANCIAL fiscal year out of the general fund of the Dis- the phrase ‘‘shall receive, in addition to the OFFICER OF THE DISTRICT OF COLUMBIA trict of Columbia, except as otherwise spe- compensation to which he is entitled as a For a Federal payment to the Chief Finan- cifically provided: Provided, That notwith- member of the Council, $10,000 per annum, cial Officer of the District of Columbia, standing any other provision of law, except payable in equal installments, for each year $5,900,000, of which $2,250,000 shall be for pay- as provided in section 450A of the District of he serves as Chairman, but the Chairman’’. ment for a pilot project to demonstrate the Columbia Home Rule Act (Public Law 93–198; (2) A new subsection (d) is added to read as ‘‘Active Cap’’ river cleanup technology on D.C. Official Code, sec. 1–204.50a), the total follows: the Anacostia River; $500,000 shall be for pay- amount appropriated in this Act for oper- ‘‘(d) Notwithstanding subsection (a) of this ment to the U.S. Soccer Foundation, to be ating expenses for the District of Columbia section, as of the effective date of the Dis- used for environmental and infrastructure for fiscal year 2002 under this heading shall trict of Columbia Appropriations Act, 2001, the Chairman shall receive compensation, costs at Kenilworth Park in the creation of not exceed the lesser of the sum of the total payable in equal installments, at a rate the Kenilworth Regional Sports Complex; revenues of the District of Columbia for such equal to $10,000 less than the compensation $600,000 shall be for payment to the One fiscal year or $6,051,646,000 (of which of the Mayor.’’. Economy Corporation, a non-profit organiza- $124,163,000 shall be from intra-District funds tion, to increase Internet access to low-in- and $3,553,300,000 shall be from local funds): ECONOMIC DEVELOPMENT AND REGULATION come homes in the District of Columbia; Provided further, That this amount may be Economic development and regulation, $500,000 shall be for payment to the Langston increased by (i) proceeds of one-time trans- $230,878,000 (including $60,786,000 from local Project for the 21st Century, a community actions, which are expended for emergency funds, $96,199,000 from Federal funds, and revitalization project to improve physical or unanticipated operating or capital needs $73,893,000 from other funds), of which education and training facilities; $1,000,000 or (ii) additional expenditures which the $15,000,000 collected by the District of Colum- shall be for payment to the Green Door Pro- Chief Financial Officer of the District of Co- bia in the form of BID tax revenue shall be gram, for capital improvements at a commu- lumbia certifies will produce additional reve- paid to the respective BIDs pursuant to the nity mental health clinic; $500,000 shall be nues during such fiscal year at least equal to Business Improvement Districts Act of 1996 for payment to the Historical Society of 200 percent of such additional expenditures: (D.C. Law 11–134; D.C. Official Code, sec. 2– Washington, for capital improvements to the Provided further, That such increases shall be 1215.01 et seq.), and the Business Improve- new City Museum; $200,000 for a payment to approved by enactment of local District law ment Districts Amendment Act of 1997 (D.C. Teach for America DC, for teacher develop- and shall comply with all reserve require- Law 12–26; D.C. Official Code, sec. 2–1215.15 et ment; and $350,000 for payment to the Dis- ments contained in this act: Provided further, seq.): Provided, That such funds are available trict of Columbia Safe Kids Coalition, to pro- That the Chief Financial Officer of the Dis- for acquiring services provided by the Gen- mote child passenger safety through the trict of Columbia shall take such steps as are eral Services Administration: Provided fur- Child Occupant Protection Initiative. necessary to assure that the District of Co- ther, That Business Improvement Districts shall be exempt from taxes levied by the Dis- COURT APPOINTED SPECIAL ADVOCATES lumbia meets these requirements, including the apportioning by the Chief Financial Offi- trict of Columbia: Provided further, That the For a Federal payment to the District of cer of the appropriations and funds made Department of Consumer and Regulatory Af- Columbia Court Appointed Special Advo- available to the District during fiscal year fairs use $50,000 of the receipts from the net cates Unit, $250,000 to be used to expand their 2002, except that the Chief Financial Officer proceeds from the contractor that handles work in the Family Court of the District of may not reprogram for operating expenses the District’s occupational and professional Columbia Superior Court. any funds derived from bonds, notes, or other licensing to fund additional staff and equip- CHILD AND FAMILY SERVICES AGENCY— obligations issued for capital projects. ment for the Rental Housing Administra- FAMILY COURT REFORM tion: Provided further, That the Department GOVERNMENTAL DIRECTION AND SUPPORT For a Federal payment to the District of of Consumer and Regulatory Affairs transfer Governmental direction and support, Columbia Child and Family Services Agency, all local funds resulting from the lapse of $307,117,000 (including $228,471,000 from local $500,000 to be used for activities authorized personnel vacancies, caused by transferring funds, $61,367,000 from Federal funds, and under S. 1382, the District of Columbia Fam- DCRA employees into NSO positions without $17,279,000 from other funds): Provided, That filling the resultant vacancies, into the re- ily Court Act of 2001. not to exceed $2,500 for the Mayor, $2,500 for volving 5–513 fund to be used to implement ADMINISTRATIVE PROVISIONS the Chairman of the Council of the District the provisions in D.C. Act 13–578, the Abate- Under the heading ‘‘Federal Payment for of Columbia, and $2,500 for the City Adminis- ment and Condemnation of Nuisance Prop- Incentives for Adoption of Children’’ in Pub- trator shall be available from this appropria- erties Omnibus Amendment Act of 2000, per- lic Law 106–522, approved November 22, 2000 tion for official purposes: Provided further, taining to the prevention of the demolition (114 Stat. 2440), is amended to read as fol- That any program fees collected from the by neglect of historic properties: Provided lows: ‘‘For a Federal payment to the District issuance of debt shall be available for the further, That the fees established and col- of Columbia to create incentives to promote payment of expenses of the debt manage- lected pursuant to D.C. Act 13–578 shall be

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.040 pfrm04 PsN: S06PT1 S11498 CONGRESSIONAL RECORD — SENATE November 6, 2001 identified, and an accounting provided, to necessary to be derived from interest earned dents at a level no lower than the non- the District of Columbia Council’s Com- on funds contained in the dedicated account resident tuition rate charged at comparable mittee on Consumer and Regulatory Affairs: established by the Chief Financial Officer of public institutions of higher education in the Provided further, That 18 percent of the an- the District of Columbia, for resident tuition metropolitan area: Provided further, That the nual total amount in the 5–513 fund, up to support at public and private institutions of District of Columbia Public Schools shall $500,000, deposited into the 5–513 fund on an higher learning for eligible District of Co- spend $1,200,000 to implement D.C. Teaching annual basis, be used to implement section lumbia residents; and $142,257,000 from local Fellows Program in the District’s public 102 and other related sections of D.C. Act 13– funds for public charter schools: Provided, schools: Provided further, That notwith- 578: Provided further, That the Department That there shall be quarterly disbursement standing the amounts otherwise provided shall hire, with the consultation and guid- of funds to the District of Columbia public under this heading or any other provision of ance of the Director of the Office of Per- charter schools, with the first payment to law, there shall be appropriated to the Dis- sonnel on the necessary qualifications and occur within 15 days of the beginning of each trict of Columbia public charter schools on salary level, from these lapsed funds, as soon fiscal year: Provided further, That if the en- July 1, 2002, an amount equal to 25 percent of as possible, but in no event later than No- tirety of this allocation has not been pro- the total amount provided for payments to vember 1, 2001, a professional human re- vided as payments to any public charter public charter schools in the proposed budget sources manager who will become part of the schools currently in operation through the of the District of Columbia for fiscal year Department’s senior management team, and per pupil funding formula, the funds shall be 2003 (as submitted to Congress), and the provide in consultation with its newly hired available for public education in accordance amount of such payment shall be chargeable human resources professional manager, and with the School Reform Act of 1995 (Public against the final amount provided for such the Office of Personnel, a detailed plan to Law 104–134; D.C. Official Code, sec. 38– payments under the District of Columbia Ap- the Council’s Committee on Consumer and 1804.03(A)(2)(D)): Provided further, That propriations Act, 2003: Provided further, That Regulatory Affairs, by December 1, 2001, for $480,000 of this amount shall be available to notwithstanding the amounts otherwise pro- the use of the personal services lapsed funds, the District of Columbia Public Charter vided under this heading or any other provi- including the 58 vacant positions identified School Board for administrative costs: Pro- sion of law, there shall be appropriated to by the Department, in fiscal year 2001 to re- vided further, That $76,542,000 (including the District of Columbia Public Schools on classify positions, augment pay scales once $45,912,000 from local funds, $12,539,000 from July 1, 2002, an amount equal to 10 percent of positions are reclassified where needed to fill Federal funds, and $18,091,000 from other the total amount provided for the District of vacancies with qualified and necessary per- funds) shall be available for the University of Columbia Public Schools in the proposed sonnel, and to fund these new and vacant po- the District of Columbia: Provided further, budget of the District of Columbia for fiscal sitions. That $27,256,000 (including $26,030,000 from year 2003 (as submitted to Congress), and the PUBLIC SAFETY AND JUSTICE local funds, $560,000 from Federal funds and amount of such payment shall be chargeable Public safety and justice, $632,668,000 (in- $666,000 other funds) for the Public Library: against the final amount provided for the cluding $593,618,000 from local funds, Provided further, That the $1,007,000 enhance- District of Columbia Public Schools under $8,298,000 from Federal funds, and $30,752,000 ment shall be allocated such that $500,000 is the District of Columbia Appropriations Act, from other funds): Provided, That not to ex- used for facilities improvements for 8 of the 2003: Provided further, That no less than ceed $500,000 shall be available from this ap- 26 library branches, $235,000 for 13 FTEs for $200,000 be available for adult education: Pro- propriation for the Chief of Police for the the continuation of the Homework Helpers vided further, That the third sentence of sec- prevention and detection of crime: Provided Program, $143,000 for 2 FTEs in the expansion tion 441 of the District of Columbia Home further, That no less than $173,000,000 shall be of the Reach Out And Roar (ROAR) service Rule Act, approved December 24, 1973 (Public available to the Metropolitan Police Depart- to licensed day care homes, and $129,000 for 3 Law 93–198; D.C. Official Code, sec. 1–204.41), FTEs to expand literacy support into branch ment for salaries in support of 3,800 sworn of- is amended to read as follows: ‘‘However, the libraries: Provided further, That $2,198,000 (in- ficers: Provided further, That no less than fiscal year for the Armory Board shall begin cluding $1,760,000 from local funds, $398,000 $100,000 shall be available in the Department on the first day of January and shall end on from Federal funds and $40,000 from other of Corrections budget to support the Correc- the thirty-first day of December of each cal- funds) shall be available for the Commission tions Information Council: Provided further, endar year, and, beginning the first day of on the Arts and Humanities: Provided further, That no less than $296,000 shall be available July 2003, the fiscal year for the District of That the public schools of the District of Co- to support the Child Fatality Review Com- Columbia Public Schools, District of Colum- lumbia are authorized to accept not to ex- mittee: Provided further, That nothing con- bia Public Charter Schools and the Univer- ceed 31 motor vehicles for exclusive use in tained in this section shall be construed as sity of the District of Columbia shall begin the driver education program: Provided fur- modifying or affecting the provisions of sec- on the first day of July and end on the thir- ther, That not to exceed $2,500 for the Super- tieth day of June of each calendar year.’’: tion 11(c)(3) of title XII of the District of Co- intendent of Schools, $2,500 for the President Provided further, That the first paragraph lumbia Income and Franchise Tax Act of 1947 of the University of the District of Columbia, under the heading ‘‘Public Education Sys- (70 Stat. 78; Public Law 84–460; D.C. Official and $2,000 for the Public Librarian shall be tem’’ in Public Law 107–20, approved July 24, Code, sec. 47–1812.11(c)(3)): Provided further, available from this appropriation for official 2001, is amended to read as follows: ‘‘For an That the Mayor shall reimburse the District purposes: Provided further, That none of the additional amount for ‘Public Education of Columbia National Guard for expenses in- funds contained in this Act may be made System’, $1,000,000 from local funds to re- curred in connection with services that are available to pay the salaries of any District main available until expended, for the State performed in emergencies by the National of Columbia Public School teacher, prin- Education Office for a census-type audit of Guard in a militia status and are requested cipal, administrator, official, or employee the student enrollment of each District of by the Mayor, in amounts that shall be who knowingly provides false enrollment or Columbia Public School and of each public jointly determined and certified as due and attendance information under article II, sec- charter school and $12,000,000 from local payable for these services by the Mayor and tion 5 of the Act entitled ‘‘An Act to provide funds for the District of Columbia Public the Commanding General of the District of for compulsory school attendance, for the Schools to conduct the 2001 summer school Columbia National Guard: Provided further, taking of a school census in the District of session.’’. That such sums as may be necessary for re- Columbia, and for other purposes’’, approved imbursement to the District of Columbia Na- February 4, 1925 (D.C. Official Code, sec. 38– HUMAN SUPPORT SERVICES tional Guard under the preceding proviso 201 et seq.): Provided further, That this appro- (INCLUDING TRANSFER OF FUNDS) shall be available from this appropriation, priation shall not be available to subsidize Human support services, $1,803,923,000 (in- and the availability of the sums shall be the education of any nonresident of the Dis- cluding $711,072,000 from local funds, deemed as constituting payment in advance trict of Columbia at any District of Colum- $1,075,960,000 from Federal funds, and for emergency services involved. bia public elementary and secondary school $16,891,000 from other funds): Provided, That PUBLIC EDUCATION SYSTEM during fiscal year 2002 unless the nonresident $27,986,000 of this appropriation, to remain Public education system, including the de- pays tuition to the District of Columbia at a available until expended, shall be available velopment of national defense education pro- rate that covers 100 percent of the costs in- solely for District of Columbia employees’ grams, $1,108,915,000 (including $894,494,000 curred by the District of Columbia which are disability compensation: Provided further, from local funds, $187,794,000 from Federal attributable to the education of the non- That $75,000,000 shall be available to the funds, and $26,627,000 from other funds), to be resident (as established by the Super- Health Care Safety Net Administration es- allocated as follows: $813,292,000 (including intendent of the District of Columbia Public tablished by section 1802 of the Fiscal Year $658,624,000 from local funds, $147,380,000 from Schools): Provided further, That this appro- 2002 Budget Support Act of 2001, D.C. Bill 14– Federal funds, and $7,288,000 from other priation shall not be available to subsidize 144; $90,000,000 available under the District of funds), for the public schools of the District the education of nonresidents of the District Columbia Appropriations Act, 2001 (Public of Columbia; $47,370,000 (including $19,911,000 of Columbia at the University of the District Law 106–522) to the Public Benefit Corpora- from local funds, $26,917,000 from Federal of Columbia, unless the Board of Trustees of tion for restructuring shall be made avail- funds, $542,000 from other funds), for the the University of the District of Columbia able to the Health Care Safety Net Adminis- State Education Office; $17,000,000 from local adopts, for the fiscal year ending September tration for the purpose of restructuring the funds, previously appropriated in this Act as 30, 2002, a tuition rate schedule that will es- delivery of health services in the District of a Federal payment, and such sums as may be tablish the tuition rate for nonresident stu- Columbia and shall remain available until

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.040 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11499 expended: Provided further, That no less than able from the 2001 budgeted reserve or where Mayor may finance $14,300,000 of equipment $7,500,000 of this appropriation, to remain the Chief Financial Officer certifies that ad- cost, plus cost of issuance not to exceed 2 available until expended, shall be deposited ditional local revenues are available. percent of the par amount being financed on in the Addiction Recovery Fund established RECEIVERSHIP PROGRAMS a lease purchase basis with a maturity not to pursuant to section 5 of the Choice in Drug For all agencies of the District of Colum- exceed 5 years: Provided further, That Treatment Act of 2000, effective July 8, 2000 bia government under court ordered receiv- $4,440,000 shall be for the Fire and Emer- gency Medical Services Department, (D.C. Law 13–146; D.C. Official Code, sec. 7– ership, $403,868,000 (including $250,015,000 $2,010,000 shall be for the Department of 3004), and used solely for the purpose of the from local funds, $134,839,000 from Federal Parks and Recreation, and $7,850,000 shall be Drug Treatment Choice Program established funds, and $19,014,000 from other funds). pursuant to section 4 of the Choice in Drug for the Department of Public Works: Pro- Treatment Act of 2000 (D.C. Official Code, WORKFORCE INVESTMENTS vided further, That no less than $533,000 be sec. 7–3003): Provided further, That no less For workforce investments, $42,896,000 available for trash transfer capital debt serv- than $500,000 of the $7,500,000 appropriated for from local funds, to be transferred by the ice. the Addiction Recovery Fund shall be used Mayor of the District of Columbia within the REPAYMENT OF GENERAL FUND RECOVERY solely to pay treatment providers who pro- various appropriation headings in this Act DEBT vide substance abuse treatment to TANF re- for which employees are properly payable. For the purpose of eliminating the cipients under the Drug Treatment Choice RESERVE $331,589,000 general fund accumulated deficit Program: Provided further, That no less than For replacement of funds expended, if any, as of September 30, 1990, $39,300,000 from $2,000,000 of this appropriation shall be used during fiscal year 2001 from the Reserve es- local funds, as authorized by section 461(a) of solely to establish, by contract, a 2-year tablished by section 202(j) of the District of the District of Columbia Home Rule Act, (105 pilot substance abuse program for youth Columbia Financial Responsibility and Man- Stat. 540; D.C. Official Code, sec. 1–204.61(a)). ages 16 through 21 years of age: Provided fur- agement Assistance Act of 1995, Public Law PAYMENT OF INTEREST ON SHORT-TERM ther, That no less than $60,000 be available 104–8, $120,000,000 from local funds. BORROWING for a D.C. Energy Office Matching Grant: RESERVE RELIEF For payment of interest on short-term bor- Provided further, That no less than $2,150,000 For reserve relief, $30,000,000, for the pur- rowing, $500,000 from local funds. be available for a pilot Interim Disability pose of spending funds made available Assistance program pursuant to title L of WILSON BUILDING through the reduction from $150,000,000 to the Fiscal Year 2002 Budget Support Act For expenses associated with the John A. $120,000,000 in the amount required for the (D.C. Bill 14–144). Wilson Building, $8,859,000 from local funds. Reserve established by section 202(j) of the EMERGENCY RESERVE FUND TRANSFER PUBLIC WORKS District of Columbia Financial Responsi- Subject to the issuance of bonds to pay the Public works, including rental of one pas- bility and Management Assistance Act of purchase price of the District of Columbia’s senger-carrying vehicle for use by the Mayor 1995, Public Law 104–8: Provided, That right, title, and interest in and to the Master and three passenger-carrying vehicles for use $12,000,000 shall be available to the District Settlement Agreement, and consistent with by the Council of the District of Columbia of Columbia Public Schools and District of the Tobacco Settlement Trust Fund Estab- and leasing of passenger-carrying vehicles, Columbia Public Charter Schools for edu- lishment Act of 1999 (D.C. Official Code, sec. $300,151,000 (including $286,334,000 from local cational enhancements: Provided further, 7–1811.01(a)(ii)) and the Tobacco Settlement funds, $4,392,000 from Federal funds, and That $18,000,000 shall be available pursuant Financing Act of 2000 (D.C. Official Code, sec. $9,425,000 from other funds): Provided, That to a local District law: Provided further, That 7–1831.03 et seq.), there is transferred the this appropriation shall not be available for of the $30,000,000, funds shall only be ex- amount available pursuant thereto and Sec- collecting ashes or miscellaneous refuse pended upon: (i) certification by the Chief tion 404(c) of Public Law 106–554 to the Emer- from hotels and places of business: Provided Financial Officer of the District of Columbia gency and Contingency Reserve Funds estab- further, That no less than $650,000 be avail- that the funds are available and not required lished pursuant to section 450A of the Dis- able for a mechanical alley sweeping pro- to address potential deficits, (ii) enactment trict of Columbia Home Rule Act (Public gram: Provided further, That no less than of local District law detailing the purpose for Law 93–198; D.C. Official Code, sec. 1– $6,400,000 be available for residential parking the expenditure, (iii) prior notification by 204.50a(a)). enforcement: Provided further, That no less the Mayor to the Committees on Appropria- than $100,000 be available for a General Coun- tions of both the Senate and House of Rep- NON-DEPARTMENTAL AGENCY sel to the Department of Public Works: Pro- resentatives in writing 30 days in advance of To account for anticipated costs that can- vided further, That no less than $3,600,000 be any such expenditure: Provided further, That not be allocated to specific agencies during available for ticket processing: Provided fur- the $18,000,000 provided pursuant to local law the development of the proposed budget in- ther, That no less than 14 residential parking shall be expended only when the Emergency cluding anticipated employee health insur- control aides or 10 percent of the residential Reserve established pursuant to Section ance cost increases and contract security parking control force be available for night 450A(a) of the District of Columbia Home costs, $5,799,000 from local funds. time enforcement of out-of-state tags: Pro- Rule Act (Public Law 93–198; D.C. Official ENTERPRISE AND OTHER FUNDS vided further, That of the total of 3,000 addi- Code, sec. 1–204.50a(a)), has a minimum bal- WATER AND SEWER AUTHORITY tional parking meters being installed in ance in the amount of $150,000,000. For operation of the Water and Sewer Au- commercial districts and in commercial EMERGENCY AND CONTINGENCY RESERVE thority, $244,978,000 from other funds for fis- loading zones none be installed at loading FUNDS cal year 2002 of which $44,244,000 shall be ap- zones, or entrances at apartment buildings portioned for repayment of loans and inter- and none be installed in residential neigh- For the Emergency and Contingency Re- est incurred for capital improvement borhoods: Provided further, That no less than serve Funds established under section 450A projects ($17,953,000 payable to the District’s $262,000 be available for taxicab enforcement of the District of Columbia Home Rule Act debt service fund and $26,291,000 payable for activities: Provided further, That no less than (Public Law 93–198; D.C. Official Code, sec. 1– other debt service). $241,000 be available for a taxicab driver se- 204.50a(b)), the Mayor may deposit the pro- ceeds required pursuant to Section 159(a) of For construction projects, $152,114,000, in curity revolving fund: Provided further, That the following capital programs: $52,600,000 for no less than $30,084,000 in local appropria- Public Law 106–522 and Section 404(c) of Pub- lic Law 106–554 in the Contingency Reserve the Blue Plains Wastewater Treatment tions be available to the Division of Trans- Plant, $11,148,000 for the sewer program, portation, within the Department of Public Fund beginning in fiscal year 2002 if the min- imum emergency reserve balance require- $109,000 for the combined sewer program, Works: Provided further, That no less than $118,000 for the stormwater program, $12,000,000 in rights-of-way fees shall be ment established in Section 450A(c) has been met. $77,957,000 for the water program, $10,182,000 available for the Local Roads, Construction for the capital equipment program: Provided, REPAYMENT OF LOANS AND INTEREST and Maintenance Fund: Provided further, That the requirements and restrictions that That funding for a proposed separate Depart- For payment of principal, interest, and are applicable to general fund capital im- ment of Transportation is contingent upon certain fees directly resulting from bor- provements projects and set forth in this Act Council approval of a reorganization plan: rowing by the District of Columbia to fund under the Capital Outlay appropriation ac- Provided further, That no less than $313,000 be District of Columbia capital projects as au- count shall apply to projects approved under available for handicapped parking enforce- thorized by sections 462, 475, and 490 of the this appropriation account. ment: Provided further, That no less than District of Columbia Home Rule Act (Public WASHINGTON AQUEDUCT $190,000 be available for the Ignition Inter- Law 93–198; D.C. Official Code, secs. 1–204.62, lock Device Program: Provided further, That 1–204.75, 1–204.90), $247,902,000 from local For operation of the Washington Aqueduct, no less than $473,000 be available for the funds: Provided, That any funds set aside pur- $46,510,000 from other funds for fiscal year Motor Vehicle Insurance Enforcement Pro- suant to section 148 of the District of Colum- 2002. gram: Provided further, That $11,000,000 shall bia Appropriations Act, 2000 (Public Law 106– STORMWATER PERMIT COMPLIANCE be available for transfer to the Highway 113; 113 Stat. 1523) that are not used in the ENTERPRISE FUND Trust Fund’s Local Roads, Construction and reserve funds established herein shall be used For operation of the Stormwater Permit Maintenance Fund, upon certification by the for Pay-As-You-Go Capital Funds: Provided Compliance Enterprise Fund, $3,100,000 from Chief Financial Officer that funds are avail- further, That for equipment leases, the other funds for fiscal year 2002.

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.040 pfrm04 PsN: S06PT1 S11500 CONGRESSIONAL RECORD — SENATE November 6, 2001

LOTTERY AND CHARITABLE GAMES ENTERPRISE outlay projects, except those projects cov- Mayor shall report to the Council of the Dis- FUND ered by the first sentence of section 23(a) of trict of Columbia and the Congress the ac- For the Lottery and Charitable Games En- the Federal Aid Highway Act of 1968 (82 Stat. tual borrowings and spending progress com- terprise Fund, established pursuant to the 827; Public Law 90–495), for which funds are pared with projections. District of Columbia Appropriation Act, 1982 provided by this appropriation title, shall ex- SEC. 108. (a) None of the funds provided (95 Stat. 1174, 1175; Public Law 97–91), for the pire on September 30, 2003, except authoriza- under this Act to the agencies funded by this purpose of implementing the Law to Legalize tions for projects as to which funds have Act, both Federal and District government Lotteries, Daily Numbers Games, and Bingo been obligated in whole or in part prior to agencies, that remain available for obliga- and Raffles for Charitable Purposes in the September 30, 2003: Provided further, That tion or expenditure in fiscal year 2002, or District of Columbia (D.C. Law 3–172; D.C. upon expiration of any such project author- provided from any accounts in the Treasury of the United States derived by the collec- Official Code, sec. 3–1301 et seq. and sec. 22– ization, the funds provided herein for the tion of fees available to the agencies funded 1716 et seq.), $229,688,000: Provided, That the project shall lapse: Provided further, That ex- by this Act, shall be available for obligation District of Columbia shall identify the cept for funds approved in the budgets prior or expenditure for an agency through a re- source of funding for this appropriation title to the fiscal year 2002 budget and FL–MA2 in programming of funds which: (1) creates new from the District’s own locally generated the fiscal year 2002 Budget Request, no local programs; (2) eliminates a program, project, revenues: Provided further, That no revenues funds may be expended to renovate, rehabili- or responsibility center; (3) establishes or from Federal sources shall be used to support tate or construct any facility within the changes allocations specifically denied, lim- the operations or activities of the Lottery boundaries of census tract 68.04 for any pur- ited or increased by Congress in this Act; (4) and Charitable Games Control Board. pose associated with the D.C. Department of Corrections, the CSOSA, or the federal Bu- increases funds or personnel by any means SPORTS AND ENTERTAINMENT COMMISSION reau of Prisons unit until such time as the for any program, project, or responsibility For the Sports and Entertainment Com- Mayor shall present to the Council for its ap- center for which funds have been denied or mission, $9,127,000 from other funds: Provided, proval, a plan for the development of census restricted; (5) reestablishes through re- That the Mayor shall submit a budget for tract 68.04 south of East Capitol Street, S.E., programming any program or project pre- the Armory Board for the forthcoming fiscal and the housing of any misdemeanants, fel- viously deferred through reprogramming; (6) year as required by section 442(b) of the Dis- ons, ex-offenders, or persons awaiting trial augments existing programs, projects, or re- trict of Columbia Home Rule Act (87 Stat. within the District of Columbia: Provided fur- sponsibility centers through a reprogram- 824; Public Law 93–198; D.C. Official Code, ther, That none of the conditions set forth in ming of funds in excess of $1,000,000 or 10 per- sec. 1–204.42(b)). this paragraph shall interfere with the oper- cent, whichever is less; or (7) increases by 20 DISTRICT OF COLUMBIA RETIREMENT BOARD ations of any Federal agency. percent or more personnel assigned to a spe- cific program, project or responsibility cen- For the District of Columbia Retirement GENERAL PROVISIONS Board, established by section 121 of the Dis- ter; unless the Committees on Appropria- SEC. 101. Whenever in this Act, an amount tions of both the Senate and House of Rep- trict of Columbia Retirement Reform Act of is specified within an appropriation for par- 1979 (93 Stat. 866; D.C. Official Code, sec. 1– resentatives are notified in writing 30 days ticular purposes or objects of expenditure, in advance of any reprogramming as set 711), $13,388,000 from the earnings of the ap- such amount, unless otherwise specified, plicable retirement funds to pay legal, man- forth in this section. shall be considered as the maximum amount (b) None of the local funds contained in agement, investment, and other fees and ad- that may be expended for said purpose or ob- this Act may be available for obligation or ministrative expenses of the District of Co- ject rather than an amount set apart exclu- expenditure for an agency through a re- lumbia Retirement Board: Provided, That the sively therefor. programming or transfer of funds which District of Columbia Retirement Board shall SEC. 102. Appropriations in this Act shall transfers any local funds from one appropria- provide the Mayor, for transmittal to the be available for expenses of travel and for tion title to another unless the Committees Council of the District of Columbia, an the payment of dues of organizations con- on Appropriations of the Senate and House itemized accounting of the planned use of ap- cerned with the work of the District of Co- of Representatives are notified in writing 30 propriated funds in time for each annual lumbia government, when authorized by the days in advance of the reprogramming or budget submission and the actual use of such Mayor: Provided, That in the case of the transfer, except that in no event may the funds in time for each annual audited finan- Council of the District of Columbia, funds amount of any funds reprogrammed or trans- cial report. may be expended with the authorization of ferred exceed four percent of the local funds. WASHINGTON CONVENTION CENTER ENTERPRISE the chair of the Council. SEC. 109. Consistent with the provisions of FUND SEC. 103. There are appropriated from the 31 U.S.C. 1301(a), appropriations under this For the Washington Convention Center En- applicable funds of the District of Columbia Act shall be applied only to the objects for terprise Fund, $57,278,000 from other funds. such sums as may be necessary for making which the appropriations were made except refunds and for the payment of legal settle- HOUSING FINANCE AGENCY as otherwise provided by law. ments or judgments that have been entered SEC. 110. Notwithstanding any other provi- For the Housing Finance Agency, $4,711,000 against the District of Columbia govern- sions of law, the provisions of the District of from other funds. ment: Provided, That nothing contained in Columbia Government Comprehensive Merit NATIONAL CAPITAL REVITALIZATION this section shall be construed as modifying Personnel Act of 1978 (D.C. Law 2–139; D.C. CORPORATION or affecting the provisions of section 11(c)(3) Code, sec. 1–601.1 et seq.), enacted pursuant For the National Capital Revitalization of title XII of the District of Columbia In- to section 422(3) of the District of Columbia Corporation, $2,673,000 from other funds. come and Franchise Tax Act of 1947 (70 Stat. Home Rule Act (87 Stat. 790; Public Law 93– CAPITAL OUTLAY 78; Public Law 84–460; D.C. Code, sec. 47– 198; D.C. Code, sec. 1–242(3)), shall apply with 1812.11(c)(3)). respect to the compensation of District of (INCLUDING RESCISSIONS) SEC. 104. No part of any appropriation con- Columbia employees: Provided, That for pay For construction projects, an increase of tained in this Act shall remain available for purposes, employees of the District of Co- $1,550,786,700 of which $1,348,782,387 shall be obligation beyond the current fiscal year un- lumbia government shall not be subject to from local funds, $44,431,135 shall be from the less expressly so provided herein. the provisions of title 5, United States Code. Highway Trust Fund, and $157,573,178 shall be SEC. 105. No funds appropriated in this Act SEC. 111. No later than 30 days after the from Federal funds, and a rescission of for the District of Columbia government for end of the first quarter of the fiscal year end- $476,182,431 from local funds appropriated the operation of educational institutions, ing September 30, 2002, the Mayor of the Dis- under this heading in prior fiscal years, for a the compensation of personnel, or for other trict of Columbia shall submit to the Council net amount of $1,074,604,269 to remain avail- educational purposes may be used to permit, of the District of Columbia the new fiscal able until expended: Provided, That funds for encourage, facilitate, or further partisan po- year 2002 revenue estimates as of the end of use of each capital project implementing litical activities. Nothing herein is intended the first quarter of fiscal year 2002. These es- agency shall be managed and controlled in to prohibit the availability of school build- timates shall be used in the budget request accordance with all procedures and limita- ings for the use of any community or par- for the fiscal year ending September 30, 2003. tions established under the Financial Man- tisan political group during non-school The officially revised estimates at midyear agement System: Provided further, That all hours. shall be used for the midyear report. funds provided by this appropriation title SEC. 106. None of the Federal funds appro- SEC. 112. No sole source contract with the shall be available only for the specific priated in this Act shall be used for publicity District of Columbia government or any projects and purposes intended: Provided fur- or propaganda purposes or implementation agency thereof may be renewed or extended ther, That the capital budget of $83,400,000 for of any policy including boycott designed to without opening that contract to the com- the Department of Health shall not be avail- support or defeat legislation pending before petitive bidding process as set forth in sec- able until the District of Columbia Council’s Congress or any State legislature. tion 303 of the District of Columbia Procure- Committee on Human Services receives a re- SEC. 107. At the start of the fiscal year, the ment Practices Act of 1985 (D.C. Law 6–85; port on the use of any capital funds for Mayor shall develop an annual plan, by quar- D.C. Code, sec. 1–1183.3), except that the Dis- projects on the grounds of D.C. General Hos- ter and by project, for capital outlay bor- trict of Columbia government or any agency pital: Provided further, That notwithstanding rowings: Provided, That within a reasonable thereof may renew or extend sole source con- the foregoing, all authorizations for capital time after the close of each quarter, the tracts for which competition is not feasible

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.041 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11501 or practical: Provided, That the determina- ment or enforce the Health Care Benefits Ex- ment to which the vehicle is assigned; the tion as to whether to invoke the competitive pansion Act of 1992 (D.C. Law 9–114; D.C. year and make of the vehicle; the acquisition bidding process has been made in accordance Code, sec. 36–1401 et seq.) or to otherwise im- date and cost; the general condition of the with duly promulgated rules and procedures plement or enforce any system of registra- vehicle; annual operating and maintenance and said determination has been reviewed tion of unmarried, cohabiting couples, in- costs; current mileage; and whether the vehi- and certified by the Chief Financial Officer cluding but not limited to registration for cle is allowed to be taken home by a District of the District of Columbia. the purpose of extending employment, officer or employee and if so, the officer or SEC. 113. For purposes of the Balanced health, or governmental benefits to such employee’s title and resident location. Budget and Emergency Deficit Control Act couples on the same basis that such benefits SEC. 121. No officer or employee of the Dis- of 1985 (99 Stat. 1037; Public Law 99–177), the are extended to legally married couples. trict of Columbia government (including any term ‘‘program, project, and activity’’ shall SEC. 119. ACCEPTANCE AND USE OF GRANTS. independent agency of the District but ex- be synonymous with and refer specifically to Notwithstanding any other provision of this cluding the Chief Financial Officer of the each account appropriating Federal funds in Act, the Mayor, in consultation with the District of Columbia, the Metropolitan Po- this Act, and any sequestration order shall Chief Financial Officer, may accept, obli- lice Department, and the Office of the Chief be applied to each of the accounts rather gate, and expend Federal, private, and other Technology Officer) may enter into an agree- than to the aggregate total of those ac- grants received by the District government ment in excess of $2,500 for the procurement counts: Provided, That sequestration orders that are not reflected in the amounts appro- of goods or services on behalf of any entity shall not be applied to any account that is priated in this Act. No such Federal, private, of the District government until the officer specifically exempted from sequestration by or other grant may be accepted, obligated, or or employee has conducted an analysis of the Balanced Budget and Emergency Deficit expended until (1) the Chief Financial Officer how the procurement of the goods and serv- Control Act of 1985. of the District of Columbia submits to the ices involved under the applicable regula- SEC. 114. In the event a sequestration order Council a report setting forth detailed infor- tions and procedures of the District govern- is issued pursuant to the Balanced Budget mation regarding such grant, and (2) the ment would differ from the procurement of and Emergency Deficit Control Act of 1985 Council has reviewed and approved the ac- the goods and services involved under the (99 Stat. 1037: Public Law 99–177), after the ceptance, obligation, and expenditure of such Federal supply schedule and other applicable amounts appropriated to the District of Co- grant, such approval contingent upon (A) no regulations and procedures of the General lumbia for the fiscal year involved have been written notice of disapproval being filed with Services Administration, including an anal- paid to the District of Columbia, the Mayor the Secretary to the Council within 14 cal- ysis of any differences in the costs to be in- of the District of Columbia shall pay to the endar days of the receipt of the report from curred and the time required to obtain the Secretary of the Treasury, within 15 days the Chief Financial Officer, and no oral no- goods or services. SEC. 122. Notwithstanding any other provi- after receipt of a request therefor from the tice of disapproval is given during a meeting sion of law, not later than 120 days after the Secretary of the Treasury, such amounts as of the Council during such 14 calendar day date that a District of Columbia Public are sequestered by the order: Provided, That period, the report shall be deemed to be ap- Schools (DCPS) student is referred for eval- the sequestration percentage specified in the proved, and (B) should notice of disapproval uation or assessment— order shall be applied proportionately to be given during such initial 14-calendar day (1) the District of Columbia Board of Edu- each of the Federal appropriation accounts period, the Council may approve or dis- cation, or its successor, and DCPS shall as- in this Act that are not specifically exempt- approve the report by resolution within 30 sess or evaluate a student who may have a ed from sequestration by such Act. calendar days of the initial receipt of the re- disability and who may require special edu- SEC. 115. ACCEPTANCE AND USE OF GIFTS. (a) port from the Chief Financial Officer, or cation services; and APPROVAL BY MAYOR.— such report shall be deemed to be approved. (2) if a student is classified as having a dis- (1) IN GENERAL.—An entity of the District No amount may be obligated or expended ability, as defined in section 101(a)(1) of the of Columbia government may accept and use from the general fund or other funds of the Individuals with Disabilities Education Act a gift or donation during fiscal year 2002 if— District government in anticipation of the (84 Stat. 175; 20 U.S.C. 1401(a)(1)) or in section (A) the Mayor approves the acceptance and approval or receipt of a grant or in anticipa- 7(8) of the Rehabilitation Act of 1973 (87 Stat. use of the gift or donation (except as pro- tion of the approval or receipt of a Federal, 359; 29 U.S.C. 706(8)), the Board and DCPS vided in paragraph (2)); and private, or other grant not subject to these shall place that student in an appropriate (B) the entity uses the gift or donation to provisions. The Chief Financial Officer of the program of special education services. carry out its authorized functions or duties. District of Columbia shall prepare a quar- SEC. 123. (a) COMPLIANCE WITH BUY AMER- (2) EXCEPTION FOR COUNCIL AND COURTS.— terly report setting forth detailed informa- ICAN ACT.—None of the funds made available The Council of the District of Columbia and tion regarding all Federal, private, and other the District of Columbia courts may accept in this Act may be expended by an entity un- grants subject to these provisions. Each such less the entity agrees that in expending the and use gifts without prior approval by the report shall be submitted to the Council of Mayor. funds the entity will comply with the Buy the District of Columbia, and to the Commit- American Act (41 U.S.C. 10a–10c). (b) RECORDS AND PUBLIC INSPECTION.—Each tees on Appropriations of the House of Rep- entity of the District of Columbia govern- (b) SENSE OF THE CONGRESS; REQUIREMENT resentatives and the Senate, not later than REGARDING NOTICE.— ment shall keep accurate and detailed 15 days after the end of the quarter covered (1) PURCHASE OF AMERICAN-MADE EQUIPMENT records of the acceptance and use of any gift by the report. or donation under subsection (a), and shall AND PRODUCTS.—In the case of any equipment SEC. 120. (a) RESTRICTIONS ON USE OF OFFI- or product that may be authorized to be pur- make such records available for audit and CIAL VEHICLES.—Except as otherwise pro- public inspection. chased with financial assistance provided vided in this section, none of the funds made using funds made available in this Act, it is (c) INDEPENDENT AGENCIES INCLUDED.—For available by this Act or by any other Act the purposes of this section, the term ‘‘enti- the sense of the Congress that entities re- may be used to provide any officer or em- ceiving the assistance should, in expending ty of the District of Columbia government’’ ployee of the District of Columbia with an includes an independent agency of the Dis- the assistance, purchase only American- official vehicle unless the officer or em- trict of Columbia. made equipment and products to the great- ployee uses the vehicle only in the perform- (d) EXCEPTION FOR BOARD OF EDUCATION.— est extent practicable. This section shall not apply to the District ance of the officer’s or employee’s official (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— of Columbia Board of Education, which may, duties. For purposes of this paragraph, the In providing financial assistance using funds pursuant to the laws and regulations of the term ‘‘official duties’’ does not include trav- made available in this Act, the head of each District of Columbia, accept and use gifts to el between the officer’s or employee’s resi- agency of the Federal or District of Colum- the public schools without prior approval by dence and workplace (except: (1) in the case bia government shall provide to each recipi- the Mayor. of an officer or employee of the Metropolitan ent of the assistance a notice describing the SEC. 116. None of the Federal funds pro- Police Department who resides in the Dis- statement made in paragraph (1) by the Con- vided in this Act may be used by the District trict of Columbia or is otherwise designated gress. of Columbia to provide for salaries, expenses, by the Chief of the Department; (2) at the (c) PROHIBITION OF CONTRACTS WITH PER- or other costs associated with the offices of discretion of the Fire Chief, an officer or em- SONS FALSELY LABELING PRODUCTS AS MADE United States Senator or United States Rep- ployee of the District of Columbia Fire and IN AMERICA.—If it has been finally deter- resentative under section 4(d) of the District Emergency Medical Services Department mined by a court or Federal agency that any of Columbia Statehood Constitutional Con- who resides in the District of Columbia and person intentionally affixed a label bearing a vention Initiatives of 1979 (D.C. Law 3–171; is on call 24 hours a day; (3) the Mayor of the ‘‘Made in America’’ inscription, or any in- D.C. Code, sec. 1–113(d)). District of Columbia; and (4) the Chairman of scription with the same meaning, to any SEC. 117. None of the funds appropriated the Council of the District of Columbia). product sold in or shipped to the United under this Act shall be expended for any (b) INVENTORY OF VEHICLES.—The Chief Fi- States that is not made in the United States, abortion except where the life of the mother nancial Officer of the District of Columbia the person shall be ineligible to receive any would be endangered if the fetus were carried shall submit, by November 15, 2001, an inven- contract or subcontract made with funds to term or where the pregnancy is the result tory, as of September 30, 2001, of all vehicles made available in this Act, pursuant to the of an act of rape or incest. owned, leased or operated by the District of debarment, suspension, and ineligibility pro- SEC. 118. None of the Federal funds made Columbia government. The inventory shall cedures described in sections 9.400 through available in this Act may be used to imple- include, but not be limited to, the depart- 9.409 of title 48, Code of Federal Regulations.

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.041 pfrm04 PsN: S06PT1 S11502 CONGRESSIONAL RECORD — SENATE November 6, 2001

SEC. 124. None of the funds contained in as Initiative 59, approved by the electors of sultation with the Court Services and Of- this Act may be used for purposes of the an- the District of Columbia on November 3, fender Supervision Agency; (4) education, in- nual independent audit of the District of Co- 1998, shall not take effect. cluding access to special education services lumbia government for fiscal year 2002 un- SEC. 130. Nothing in this Act may be con- and student achievement to be provided in less— strued to prevent the Council or Mayor of consultation with the District of Columbia (1) the audit is conducted by the Inspector the District of Columbia from addressing the Public Schools; (5) improvement in basic General of the District of Columbia, in co- issue of the provision of contraceptive cov- District services, including rat control and ordination with the Chief Financial Officer erage by health insurance plans, but it is the abatement; (6) application for and manage- of the District of Columbia, pursuant to sec- intent of Congress that any legislation en- ment of Federal grants, including the num- tion 208(a)(4) of the District of Columbia Pro- acted on such issue should include a ‘‘con- ber and type of grants for which the District curement Practices Act of 1985 (D.C. Code, science clause’’ which provides exceptions was eligible but failed to apply and the num- sec. 1–1182.8(a)(4)); and for religious beliefs and moral convictions. ber and type of grants awarded to the Dis- (2) the audit includes a comparison of au- PROMPT PAYMENT OF APPOINTED COUNSEL trict but for which the District failed to dited actual year-end results with the reve- spend the amounts received; and (7) indica- SEC. 131. (a) ASSESSMENT OF INTEREST FOR nues submitted in the budget document for tors of child well-being. DELAYED PAYMENTS.—If the Superior Court such year and the appropriations enacted of the District of Columbia or the District of RESERVE FUNDS into law for such year. Columbia Court of Appeals does not make a SEC. 133. (a) IN GENERAL.—Section 202(j) of SEC. 125. None of the Federal funds con- tained in this Act may be used by the Dis- payment described in subsection (b) prior to Public Law 104–8, the District of Columbia trict of Columbia Corporation Counsel or the expiration of the 45-day period which be- Financial Responsibility and Management any other officer or entity of the District gins on the date the Court receives a com- Assistance Act of 1995 is amended to read as government to provide assistance for any pe- pleted voucher for a claim for the payment, follows: tition drive or civil action which seeks to re- interest shall be assessed against the amount ‘‘(j) RESERVE FUNDS.— quire Congress to provide for voting rep- of the payment which would otherwise be ‘‘(1) BUDGET RESERVE.— resentation in Congress for the District of made to take into account the period which ‘‘(A) IN GENERAL.—For each of the fiscal Columbia. begins on the day after the expiration of years 2002 and 2003, the budget of the District SEC. 126. No later than November 1, 2001, or such 45-day period and which ends on the day government for the fiscal year shall contain within 30 calendar days after the date of the the Court makes the payment. a budget reserve in the following amounts: enactment of this Act, whichever occurs (b) PAYMENTS DESCRIBED.—A payment de- ‘‘(i) $120,000,000, in the case of fiscal year later, the Chief Financial Officer of the Dis- scribed in this subsection is— 2002. trict of Columbia shall submit to the appro- (1) a payment authorized under section 11– ‘‘(ii) $70,000,000, in the case of fiscal year priate committees of Congress, the Mayor, 2604 and section 11–2605, D.C. Code (relating 2003. and the Council a revised appropriated funds to representation provided under the District ‘‘(B) AVAILABILITY OF FUNDS.—Any amount operating budget in the format of the budget of Columbia Criminal Justice Act); made available from the budget reserve de- that the District of Columbia government (2) a payment for counsel appointed in pro- scribed in subparagraph (A) shall remain submitted pursuant to section 442 of the Dis- ceedings in the Family Division of the Supe- available until expended. trict of Columbia Home Rule Act (Public rior Court of the District of Columbia under ‘‘(2) CUMULATIVE CASH RESERVE.—In addi- Law 93–198; D.C. Code, sec. 47–301), for all chapter 23 of title 16, D.C. Code; or tion to any other cash reserves required agencies of the District of Columbia govern- (3) a payment for counsel authorized under under section 450A of the District of Colum- ment for such fiscal year that is in the total section 21–2060, D.C. Code (relating to rep- bia Home Rule Act, for each of the fiscal amount of the approved appropriation and resentation provided under the District of years 2004 and 2005, the budget of the District that realigns all budgeted data for personal Columbia Guardianship, Protective Pro- government for the fiscal year shall contain services and other-than-personal-services, ceedings, and Durable Power of Attorney Act a cumulative cash reserve of $50,000,000. respectively, with anticipated actual expend- of 1986). ‘‘(3) CONDITIONS ON USE.—The District of itures. (c) STANDARDS FOR SUBMISSION OF COM- Columbia may obligate or expend amounts SEC. 127. (a) None of the Federal funds con- PLETED VOUCHERS.—The chief judges of the in the budget reserve under paragraph (1) or tained in this Act may be used for any pro- Superior Court of the District of Columbia the cumulative cash reserve under paragraph gram of distributing sterile needles or sy- and the District of Columbia Court of Ap- (2) only in accordance with the following ringes for the hypodermic injection of any il- peals shall establish standards and criteria conditions: legal drug. for determining whether vouchers submitted ‘‘(A) The Chief Financial Officer of the Dis- (b) Any individual or entity who receives for claims for payments described in sub- trict of Columbia shall certify that the any funds contained in this Act and who car- section (b) are complete, and shall publish amounts are available. ries out any program described in subsection and make such standards and criteria avail- ‘‘(B) The amounts shall be obligated or ex- (a) shall account for all funds used for such able to attorneys who practice before such pended in accordance with laws enacted by program separately from any funds con- Courts. the Council in support of each such obliga- tained in this Act. (d) RULE OF CONSTRUCTION.—Nothing in tion or expenditure. SEC. 128. None of the funds contained in this section shall be construed to require the ‘‘(C) The amounts may not be used to fund this Act may be used after the expiration of assessment of interest against any claim (or the 60-day period that begins on the date of the agencies of the District of Columbia gov- portion of any claim) which is denied by the the enactment of this Act to pay the salary ernment under court ordered receivership. Court involved. of any chief financial officer of any office of ‘‘(D) The amounts may be obligated or ex- (e) EFFECTIVE DATE.—This section shall the District of Columbia government who pended only if the Mayor notifies the Com- apply with respect to claims received by the has not filed a certification with the Mayor mittees on Appropriations of the House of Superior Court of the District of Columbia or and the Chief Financial Officer of the Dis- Representatives and Senate in writing 30 the District of Columbia Court of Appeals trict of Columbia that the officer under- days in advance of any obligation or expendi- during fiscal year 2002, and claims received stands the duties and restrictions applicable ture. to the officer and the officer’s agency as a re- previously that remain unpaid at the end of ‘‘(4) REPLENISHMENT.—Any amount of the sult of this Act (and the amendments made fiscal year 2001, and would have qualified for budget reserve under paragraph (1) or the cu- by this Act), including any duty to prepare a interest payment under this section. mulative cash reserve under paragraph (2) report requested either in the Act or in any SEC. 132. The Mayor of the District of Co- which is expended in one fiscal year shall be of the reports accompanying the Act and the lumbia shall submit to the Senate and House replenished in the following fiscal year ap- deadline by which each report must be sub- Committees on Appropriations, the Senate propriations to maintain the required bal- mitted, and the District’s Chief Financial Of- Governmental Affairs Committee, and the ance.’’. ficer shall provide to the Committees on Ap- House Government Reform Committee quar- (b) EFFECTIVE DATE.—The amendment propriations of the Senate and the House of terly reports addressing the following issues: made by subsection (a) shall take effect Oc- Representatives by the 10th day after the (1) crime, including the homicide rate, im- tober 1, 2001. end of each quarter a summary list showing plementation of community policing, the (c) CONFORMING AMENDMENTS.—Section each report, the due date and the date sub- number of police officers on local beats, and 159(c) of the District of Columbia Appropria- mitted to the Committees. the closing down of open-air drug markets; tions Act, 2001 (Public Law 106–522; 114 Stat. SEC. 129. (a) None of the funds contained in (2) access to drug abuse treatment, including 2482) is amended to read as follows: this Act may be used to enact or carry out the number of treatment slots, the number ‘‘(c) EFFECTIVE DATE.— any law, rule, or regulation to legalize or of people served, the number of people on ‘‘(1) IN GENERAL.—Except as provided in otherwise reduce penalties associated with waiting lists, and the effectiveness of treat- paragraph (2), this section and the amend- the possession, use, or distribution of any ment programs; (3) management of parolees ments made by this section shall take effect schedule I substance under the Controlled and pre-trial violent offenders, including the on October 1, 2000. Substances Act (21 U.S.C. 802) or any number of halfway house escapes and steps ‘‘(2) REPEAL OF POSITIVE FUND BALANCE RE- tetrahydrocannabinols derivative. taken to improve monitoring and super- QUIREMENT.—The amendment made by sub- (b) The Legalization of Marijuana for Med- vision of halfway house residents to reduce section (b)(2) shall take effect October 1, ical Treatment Initiative of 1998, also known the number of escapes to be provided in con- 1999.

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.041 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — SENATE S11503 ‘‘(3) TRANSFER OF FUNDS.—All funds identi- SA 2107. Mr. ALLEN submitted an Korea and U.S. Representative to Ko- fied by the District government pursuant to amendment intended to be proposed by rean Peninsula Energy Development section 148 of Public Law 106–113, as reflected him to the bill H.R. 2944, making ap- Organization. in the certified annual financial report for propriations for the government of the Additional nominees to be an- fiscal year 2000, shall be deposited during fis- cal year 2002 into the Emergency and Contin- District of Columbia and other activi- nounced. gency Reserve Funds established pursuant to ties chargeable in whole or in part The PRESIDING OFFICER. Without Section 159 of Public Law 106–522, during fis- against the revenues of said District objection, it is so ordered. cal year 2002.’’. for the fiscal year ending September 30, COMMITTEE ON GOVERNMENTAL AFFAIRS (d) CONTINGENCY RESERVE FUND.—Section 2002, and for other purposes; which was Mr. DORGAN. Mr. President, I ask 450A(b) of the Home Rule Act (Public Law ordered to lie on the table; as follows: unanimous consent that the Com- 93–198) is amended— On page 57, strike beginning with line 24 mittee on Governmental Affairs be au- (1) by striking paragraph (1) and inserting through page 58, line 7, and insert the fol- the following: thorized to meet on Tuesday, Novem- lowing: ber 6, 2001, at 2:30 p.m., to consider the ‘‘(1) IN GENERAL.—There is established a SEC. 127. (a) None of the funds contained in contingency cash reserve fund (in this sub- this Act may be used for any program of dis- nomination of Odessa F. Vincent to be section referred to as the ‘contingency re- tributing sterile needles or syringes for the an Associate Judge of the District of serve fund’) as an interest-bearing account hypodermic injection of any illegal drug. Columbia Superior Court. (separate from other accounts in the General (b) Any individual or entity who receives The PRESIDING OFFICER. Without Fund) into which the Mayor shall deposit in any funds contained in this Act and who car- objection, it is so ordered. cash not later than October 1 of each fiscal ries out any program described in subsection COMMITTEE ON THE JUDICIARY year (beginning with fiscal year 2002) such (a) shall account for all funds used for such amount as may be required to maintain a program separately from any funds con- Mr. DORGAN. Mr. President, I ask balance in the fund of at least 3 percent of tained in this Act. unanimous consent that the Com- the total budget appropriated for operating mittee on the Judiciary be authorized expenditures for such fiscal year which is de- SA 2108. Mr. INHOFE submitted an to meet to conduct a hearing on the rived from local funds (or, in the case of fis- amendment intended to be proposed by nomination of Thomas L. Sansonetti, cal years prior to fiscal year 2007, such him to the bill H.R. 2944, making ap- amount as may be required to maintain a to be the Assistant Attorney General balance in the fund of at least the minimum propriations for the government of the for the Environment and Natural Re- contingency reserve balance for such fiscal District of Columbia and other activi- sources Division, Tuesday, November 6, year, as determined under paragraph (2)).’’; ties chargeable in whole or in part 2001, at 2 p.m., in Dirksen Room 226. and against the revenues of said District Panel I: The Honorable CRAIG THOM- (2) by striking subparagraph (B) of para- for the fiscal year ending September 30, AS and The Honorable MIKE ENZI. graph (2) and inserting the following: 2002, and for other purposes; which was Panel II: Thomas L. Sansonetti, to be ‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In ordered to lie on the table; as follows: the Assistant Attorney General for the subparagraph (A), the ‘applicable percentage’ with respect to a fiscal year means the fol- At the appropriate place, insert: Environment and Natural Resources None of the funds provided in this Act may lowing: Division. be used directly or indirectly for the renova- ‘‘(i) For fiscal year 2002, 0 percent. The PRESIDING OFFICER. Without tion of the property located at 227 7th Street, ‘‘(ii) For fiscal year 2003, 0 percent. objection, it is so ordered. Southeast (commonly known as Eastern ‘‘(iii) For fiscal year 2004, 0 percent. Market), except that funds provided in this SUBCOMMITTEE ON TECHNOLOGY, TERRORISM, ‘‘(iv) For fiscal year 2005, 1 percent. Act may be used for the regular maintenance AND GOVERNMENT INFORMATION ‘‘(v) For fiscal year 2006, 2 percent.’’. and upkeep of the current structure and Mr. DORGAN. Mr. President, I ask SEC. 134. INTEGRATED PRODUCT TEAM. No grounds located at such property. unanimous consent that the Com- funds appropriated by this Act shall be avail- able for an Integrated Product Team until f mittee on the Judiciary Subcommittee on Technology, Terrorism and Govern- reorganization plans for the Integrated Prod- AUTHORITY FOR COMMITTEES TO ment Information be authorized to uct Team and a Capital Construction Serv- MEET ices Administration have been approved, or meet to conduct a hearing on Tuesday, deemed approved, by the Council: Provided, COMMITTEE ON AGRICULTURE, NUTRITION, AND November 6, 2001, at 10 a.m., in Dirksen That this paragraph shall not apply to funds FORESTRY 226, on ‘‘Germs, Toxins and Terror: The appropriated for the Office of Contracting Mr. DORGAN. Mr. President, I ask New Threat to America.’’ and Procurement. unanimous consent that the Com- Panel I: J.T. Caruso, Deputy Assist- SEC. 135. CORPORATION COUNSEL ANTITRUST, mittee on Agriculture, Nutrition, and ant Director, Federal Bureau of Inves- ANTIFRAUD, CONSUMER PROTECTION FUNDS. Forestry be authorized to meet during All funds whenever deposited in the District tigation; Jim Reynolds, Chief, Ter- of Columbia Antitrust Fund established pur- the session of the Senate on Tuesday, rorism and Violent Crimes Section, De- suant to section 2 of the District of Columbia November 6, 2001. The purpose of this partment of Justice; and Claude Allen, Antitrust Act of 1980 (D.C. Law 3–169; D.C. hearing will be to continue markup on Deputy Secretary, Department of Code § 28–4516), the Antifraud Fund estab- the next Federal Farm bill. Health and Human Services. lished pursuant to section 820 of the District The PRESIDING OFFICER. Without Panel II: John Paraccini, RAND Cor- of Columbia Procurement Practices Act of objection, it is so ordered. poration; Dr. Michael Drake, Co-Chair, 1985, effective February 21, 1986 (D.C. Law 6– COMMITTEE ON FOREIGN RELATIONS 85; D.C. Code § 1–1188.20), and the District of California Task Force on Bioterrorism; Columbia Consumer Protection Fund estab- Mr. DORGAN. Mr. President, I ask and Ronald Atlas, National President, lished pursuant to section 1402 of the Dis- unanimous consent that the Com- American Society of Microbiology. trict of Columbia Budget Support Act for fis- mittee on Foreign Relations be author- The PRESIDING OFFICER. Without cal year 2001 (D.C. Law 13–172; D.C. Code § 28– ized to meet during the session of the objection, it is so ordered. 3911), are hereby appropriated for the use of Senate on Tuesday, November 6, 2001, f the Office of the Corporation Counsel of the at 2:30 p.m., to hold a nomination hear- District of Columbia until September 30, ing. PRIVILEGE OF THE FLOOR 2003, in accordance with the statutes that es- tablished these funds. AGENDA Ms. LANDRIEU. Mr. President, I ask SEC. 136. RISK MANAGEMENT FOR SETTLE- Nominees: Mr. Raymond Burghardt, unanimous consent for Kevin Avery of MENTS AND JUDGMENTS. In addition to any of New York, to be Ambassador to my staff to be given floor privileges. other authority to pay claims and judg- Vietnam; Mr. Larry Dinger, of Iowa, to The PRESIDING OFFICER. Without ments, any department, agency, or instru- be Ambassador to Federated States of objection, it is so ordered. mentality of the District government may Micronesia; Mr. Charles Greenwood, f pay the settlement or judgment of a claim or Jr., of Florida, for rank of ambassador lawsuit in an amount less than $10,000, in ac- as Coordinator for Asia Pacific Eco- EXECUTIVE SESSION cordance with the Risk Management for Set- tlements and Judgments Amendment Act of nomic Cooperation (APEC); and Mr. Charles Pritchard, of the District of 2000, effective October 19, 2000 (D.C. Law 13– EXECUTIVE CALENDAR 172; D.C. Official Code § 2–402). Columbia, for rank of Ambassador as This Act may be cited as the ‘‘District of Special Envoy for Negotiations with Mr. DASCHLE. Mr. President, I ask Columbia Appropriations Act, 2002’’. the Democratic People’s Republic of unanimous consent that the Senate

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.041 pfrm04 PsN: S06PT1 S11504 CONGRESSIONAL RECORD — SENATE November 6, 2001 proceed to executive session to con- that is of interest to many people and members of my staff and 8 other mem- sider Executive Calendar Nos. 516 of acute interest to many of us: the re- bers of the Senate family were exposed through 528; that the nominations be mediation of the Hart Senate Office to anthrax when that letter was confirmed, the motions to reconsider Building. opened. I do not want one more person be laid upon the table, any statements It was 3 weeks ago yesterday that an to have to face that situation. relating to the nominations be printed envelope containing anthrax was It is important that we all under- in the RECORD, the President be imme- opened in my Hart office by a member stand the EPA, and only the EPA, has diately notified of the Senate’s action, of my staff. It is the responsibility of the expertise to declare the Hart Build- and the Senate return to legislative the Environmental Protection Agency ing safe. We will follow their lead and session. to recommend how the Hart Building is re-open Hart when they certify it is The PRESIDING OFFICER. Without to be remediated. No other entity has safe to do so. The safety and health of objection, it is so ordered. the expertise to make those rec- the people who work in the Hart Build- The nominations were considered and ommendations. ing and those who visit there must be confirmed, as follows: One week ago today, on October 30, our guide. DEPARTMENT OF JUSTICE the Environmental Protection Agency I appreciate the patience and the un- William Walter Mercer, of Montana, to be officially took control of the Hart derstanding of all our colleagues, their United States Attorney for the District of Building and the Hart remediation Montana for the term of four years. staffs, and those who find themselves Thomas E. Moss, of Idaho, to be United project. At the time, EPA officials out- as dislocated as my staff. I intend to States Attorney for the District of Idaho for lined for us what they said was an ex- continue to give periodic reports as the term of four years. perimental but promising plan to use a they are necessary, and I will share J. Strom Thurmond, Jr., of South Caro- chlorine dioxide fumigant throughout whatever information is made avail- lina, to be the United States Attorney for the building to kill the anthrax spores. able as soon as it is provided to me. the District of South Carolina for the term Under that plan, the Hart Building of four years. Leura Garrett Canary, of Alabama, to be could have reopened as early as Novem- f United States Attorney for the Middle Dis- ber 13—1 week from today. Unfortu- trict of Alabama for the term of four years. nately, it is now clear that EPA will ADJOURNMENT UNTIL 10 A.M. Paul K. Charlton, of Arizona, to be United not be able to meet its initial opti- TOMORROW States Attorney for the District of Arizona mistic schedule. EPA now says that for the term of four years. Mr. DASCHLE. Mr. President, if Jeffrey Gilbert Collins, of Michigan, to be the Hart Building will not re-open United States Attorney for the Eastern Dis- until at least November 21. there is no further business to come be- trict of Michigan for the term of four years. Earlier today, EPA officials came to fore the Senate, I ask unanimous con- William S. Duffey, Jr., of Georgia, to be the Hill to brief Senators who have of- sent that the Senate now stand in ad- United States Attorney for the Northern Dis- fices in the Hart Building on the rea- journment under the previous order. trict of Georgia for the term of four years. sons for the delay. They also spoke There being no objection, the Senate, Maxwell Wood, of Georgia, to be United States Attorney for the Middle District of with chiefs of staff and office managers at 6:53 p.m., adjourned until Wednes- Georgia for the term of four years. from those offices. Since this situation day, November 7, 2001, at 10 a.m. Dunn Lampton, of Mississippi, to be United affects the entire Senate family, I want States Attorney for the Southern District of to share what the EPA officials told us. f Mississippi for the term of four years. When EPA told us last week about Alice Howze Martin, of Alabama, to be their plans to remediate the entire United States Attorney for the Northern Dis- CONFIRMATIONS Hart Building using chlorine dioxide as trict of Alabama for the term of four years. Executive nominations confirmed by Drew Howard Wrigley, of North Dakota, to a fumigant, they said they believed it be United States Attorney for the District of was the safest, most effective, most the Senate November 6, 2001: North Dakota for the term of four years. comprehensive, and least disruptive THE JUDICIARY Sharee M. Freeman, of Virginia, to be Di- way to remediate Hart. At the same M. CHRISTINA ARMIJO, OF NEW MEXICO, TO BE UNITED rector, Community Relations Service, for a STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW term of four years. time, they said their plan would not be MEXICO. Juan Carlos Benitez, of Puerto Rico, to be final until it had passed a peer review— KARON O. BOWDRE, OF ALABAMA, TO BE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT Special Counsel for Immigration-Related Un- until leading scientists in government OF ALABAMA. fair Employment Practices for a term of four and the private sector had examined it STEPHEN P. FRIOT, OF OKLAHOMA, TO BE UNITED years. STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT and agreed it was a reasonable way to OF OKLAHOMA. f go. DEPARTMENT OF JUSTICE LEGISLATIVE SESSION According to EPA, over the weekend, some of those scientists raised ques- WILLIAM WALTER MERCER, OF MONTANA, TO BE The PRESIDING OFFICER. Under UNITED STATES ATTORNEY FOR THE DISTRICT OF MON- tions about the plan. While they all TANA FOR THE TERM OF FOUR YEARS. the previous order, the Senate will now agreed that a chlorine dioxide fumi- THOMAS E. MOSS, OF IDAHO, TO BE UNITED STATES AT- return to legislative session. TORNEY FOR THE DISTRICT OF IDAHO FOR THE TERM OF gant will kill anthrax spores, some of FOUR YEARS. f J. STROM THURMOND, JR., OF SOUTH CAROLINA, TO BE the experts EPA consulted expressed THE UNITED STATES ATTORNEY FOR THE DISTRICT OF ORDERS FOR WEDNESDAY, concerns about using chloride dioxide SOUTH CAROLINA FOR THE TERM OF FOUR YEARS. LEURA GARRETT CANARY, OF ALABAMA, TO BE NOVEMBER 7, 2001 gas on a building as large as the Hart UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT Building. According to EPA officials, OF ALABAMA FOR THE TERM OF FOUR YEARS. Mr. DASCHLE. Mr. President, I ask PAUL K. CHARLTON, OF ARIZONA, TO BE UNITED unanimous consent that when the Sen- this is not a scientific issue. It is an en- STATES ATTORNEY FOR THE DISTRICT OF ARIZONA FOR gineering issue. As a result of these THE TERM OF FOUR YEARS. ate completes its business today, it ad- JEFFREY GILBERT COLLINS, OF MICHIGAN, TO BE journ until the hour of 10 a.m., Wednes- questions, EPA is now formulating a UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT day, November 7; that following the new plan for the Hart Building. OF MICHIGAN FOR THE TERM OF FOUR YEARS. The Senate Sergeant at Arms has ap- WILLIAM S. DUFFEY, JR., OF GEORGIA, TO BE UNITED prayer and the pledge, the Journal of STATES ATTORNEY FOR THE NORTHERN DISTRICT OF proceedings be approved to date, the propriately insisted that the entire GEORGIA FOR THE TERM OF FOUR YEARS. Hart Building be tested for anthrax. MAXWELL WOOD, OF GEORGIA, TO BE UNITED STATES time for the two leaders be reserved for ATTORNEY FOR THE MIDDLE DISTRICT OF GEORGIA FOR their use later in the day, and the Sen- The building will remain closed until THE TERM OF FOUR YEARS. the EPA deems that it is safe to reen- DUNN LAMPTON, OF MISSISSIPPI, TO BE UNITED ate resume consideration of the Dis- STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF trict of Columbia Appropriations Act. ter. I understand the frustration and MISSISSIPPI FOR THE TERM OF FOUR YEARS. disappointment of Senators and staff ALICE HOWZE MARTIN, OF ALABAMA, TO BE UNITED The PRESIDING OFFICER. Without STATES ATTORNEY FOR THE NORTHERN DISTRICT OF objection, it is so ordered. who have been displaced by the Hart ALABAMA FOR THE TERM OF FOUR YEARS. Building closure. We have all been DREW HOWARD WRIGLEY, OF NORTH DAKOTA, TO BE f UNITED STATES ATTORNEY FOR THE DISTRICT OF greatly inconvenienced, and we are NORTH DAKOTA FOR THE TERM OF FOUR YEARS. STATUS OF HART OFFICE anxious to get back to the regular SHAREE M. FREEMAN, OF VIRGINIA, TO BE DIRECTOR, COMMUNITY RELATIONS SERVICE, FOR A TERM OF FOUR BUILDING REMEDIATION PROJECT order in our offices. But we are dealing YEARS. with a deadly bacteria. Safety must JUAN CARLOS BENITEZ, OF PUERTO RICO, TO BE SPE- Mr. DASCHLE. Mr. President, I want CIAL COUNSEL FOR IMMIGRATION-RELATED UNFAIR EM- to update the Senate on a situation come before convenience. Twenty PLOYMENT PRACTICES FOR A TERM OF FOUR YEARS.

VerDate 06-NOV-2001 02:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 9801 E:\CR\FM\G06NO6.055 pfrm04 PsN: S06PT1 November 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2005 EXTENSIONS OF REMARKS

CONGRATULATING THE CITY OF expected to reach 30,000 annually within the the post-September 11 economy. This bill also KOCHI, JAPAN next two decades. In 1998, 573 liver trans- includes provisions to aid our small business plants were performed on children in the federal contractors facing increased costs HON. GEORGE RADANOVICH United States and over 80 percent were under such as when they have found it difficult to ac- OF CALIFORNIA the age of 2 years old, a child’s liver trans- cess federal facilities to work on existing con- plant will cost $200,000 to $300,000 during tracts due to security constraints. Finally, this IN THE HOUSE OF REPRESENTATIVES the first year of care. An increase in research bill increase authorization levels for SBA’s var- Tuesday, November 6, 2001 can make it possible to develop improved ious technical assistance programs to insure Mr. RADANOVICH. Mr. Speaker, I rise treatments and find cures and a major effort is that adequate individualized help is available today to congratulate the city of Kochi, Japan, necessary to control the increase in liver dis- to small businesses coping with the aftermath on celebrating their 400th year of existence. eases. of the terrorist attacks. Kochi has a special relationship with Fresno, Mr. Speaker, it is estimated that 1 in 10 indi- This bill includes changes that will be in- CA, because the two have been Sister Cities viduals in the Washington, DC, metropolitan cluded in the manager’s amendment in the na- since February 11, 1965. area suffer from liver disease. Broad-based ture of a substitute to the Senate counterpart Kochi is a city that is rich with history. chapter support and activities generate sup- of this legislation, introduced by the chairman Yamanouchi Kazutoyo, a successful warrior of port in our communities that will result in more and ranking member of the Senate Small that period, took up residence in the city of effective treatment and prevention, improved Business and Entrepreneurship Committee, Tosa in the year 1601. Kazutoyo’s status as a care to those afflicted, and cures for those Senators JOHN KERRY and CHRISTOPHER ‘‘KIT’’ warrior and his loyalty to the Tokugawa leyasu who now have only hope. The Greater Wash- BOND (S. 1499). Most of the changes con- earned him a vast area of land to farm and ington DC Chapter of the American Liver tained in the manager’s amendment in the na- develop. He recognized that the future devel- Foundation offers hope and assistance to the ture of a substitute to the original S. 1499 are opment of the town would be impossible at the many suffering with liver disease and their technical in nature mainly to accommodate site in Tosa. So he moved his government families through programs such as their up- concerns raised by the Congressional Budget back to the Otaska area and built Kochi Cas- coming ‘‘Liver Walk.’’ I applaud their efforts Office, the SBA, and the Office of Legislative tle, the foundation of the great city. and I am proud to lend my support to this pro- Counsel. These changes have been devel- Kochi is a progressive city that has long gram. oped jointly between the Senate and House been at the forefront of social and political f Small Business Committees, and are identical, progress. Kochi is proud to be the first city in word for word. Japan to grant voting rights to women. Several PERSONAL EXPLANATION After two hearings and listening to dozens key figures in the birth of modern Japan, such of small business owners across the Nation, as Sakomoto Ryoma and Itagaki Taisuke, HON. CHARLES F. BASS small businesses in need of help fall into three were from Kochi. OF NEW HAMPSHIRE categories for the purposes of this Act: (1) Fresno is proud to be a Sister City with IN THE HOUSE OF REPRESENTATIVES those suffering from direct, physical damage, Kochi, Japan. This relationship encourages (2) those suffering from indirect damage, and Tuesday, November 6, 2001 growth, fosters understanding, and develops (3) those in need of general economic stim- friendships through cultural, educational, and Mr. BASS. Mr. Speaker, I was regrettably ulus. This legislation is not the only source of personal exchange. absent on Wednesday, October 17, 2001, and help for our nation’s small businesses. It is Mr. Speaker, I rise to congratulate the city consequently missed a recorded vote on H.R. meant to complement—not supplant—the ef- of Kochi, Japan on their 400-year anniversary. 390. Had I been present, I would have voted forts undertaken by other congressional com- I urge my colleagues to join me in wishing the ‘‘yea’’ on rollcall vote No. 390. mittees and the executive branch to revitalize city of Kochi many more years of prosperity f our economy. and good fortune. For those small businesses still suffering AMERICAN SMALL BUSINESS f from direct damage as a result of the terrorist EMERGENCY RELIEF AND RE- attacks on September 11, this legislation first AMERICAN LIVER FOUNDATION, COVERY ACT OF 2001 modifies the SBA’s disaster loan program to DISTRICT OF COLUMBIA CHAP- deal with concerns raised by small busi- TER’S 3RD ANNUAL LIVER WALK HON. DONALD A. MANZULLO nesses, particularly from the downtown Man- OF ILLINOIS hattan area. For small businesses located in HON. CONSTANCE A. MORELLA IN THE HOUSE OF REPRESENTATIVES the areas of New York, Virginia, or contiguous areas declared disaster areas, the bill in- OF MARYLAND Tuesday, November 6, 2001 IN THE HOUSE OF REPRESENTATIVES creases loan amounts from $1.5 million to $6 Mr. MANZULLO. Mr. Speaker, I am pleased million for both economic injury disaster loans Tuesday, November 6, 2001 to join with my good friends, Representatives and physical disaster business loans. It also Mrs. MORELLA. Mr. Speaker, I rise today, JIM MORAN and JERROLD NADLER in intro- increases the aggregate amount that a small in honor of the American Liver Foundation, ducing the American Small Business Emer- business may borrow through the SBA from District of Columbia Chapter’s 3rd Annual gency Relief and Recovery Act of 2001. The $1.5 million to $12 million. The bill increases Liver Walk. The walk is designed specifically purpose of this emergency legislation is to the size standards for certain industries, in to raise awareness and funds necessary to help small businesses meet their payments on terms of number of employees or gross an- combat liver diseases such as hepatitis and existing debts, finance their businesses, and nual receipts and gives the SBA Administrator bilateral atresia. I ask my colleagues to join maintain jobs in the aftermath of the terrorist the authority to waive or increase a size me in support of the American Liver Founda- attacks on September 11 by strengthening standard through an expedited process. It also tion and their tireless work and dedication to and expanding access to the Small Business defers the payments and forgives the interest eliminate liver disease. Administration’s (SBA) loan and management on these loans for 2 years. The American Liver Foundation is a na- counseling programs. Second, for those small businesses suf- tional, voluntary nonprofit organization dedi- To help turn the economy around, this bill fering indirect damage, this legislation modifies cated to the prevention, treatment, and cure of includes changes to two of SBA’s main non- the 7(a) or General Business guarantee loan liver disease through research, education, and disaster lending programs in order to encour- program of the SBA. These are small busi- advocacy. Nearly 4 million Americans are in- age borrowing and lending for new and grow- nesses not physically damaged or destroyed fected with Hepatitis C and 8,000 die each ing small businesses that may otherwise be or in the vicinity of such businesses, but af- year as a result and the number of fatalities is reluctant to start or expand their businesses in fected because they are a supplier, service

∑ 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 05:28 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.000 pfrm01 PsN: E06PT1 E2006 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2001 provider or complementary industry to any af- The bill increase funding for the Women’s the 41 years of service and the retirement of fected industry, especially the financial, hospi- Business Centers Program by $2 million and Ande Yakstis from the Alton Telegraph News- tality, travel and tourism industries, or are de- also waives the non-Federal matching require- paper in Alton, Illinois. pendent upon the business of a closed or sus- ment. Funding for Microloan Technical Assist- Ande Yakstis, award-winning reporter, re- pended business or sector. These businesses ance is also increased by $5 million for similar tired on Friday, November 2, 2001 from the would be eligible for 7(a) Guaranteed Busi- purposes. Lastly, the legislation increases Alton Telegraph after a distinguished 41 year ness Loans, under more unfavorable terms, funding for the Service Corps of Retired Ex- career at the historic newspaper. Ande has including a reduced interest rate, elimination of ecutives (SCORE) by $2 million to provide been described by his colleagues as a skilled the upfront borrower fee, a reduction of the free advice from experienced businesspersons veteran reporter as well as a community-mind- lender’s annual guarantee fee by half, and an to struggling small business owners dealing ed journalist. increase in the government’s guarantee per- with the aftermath of the events of September Throughout his 41 years, Ande witnessed centage to 90 percent. This temporary change 11. many changes at the Alton Telegraph, ranging to the 7(a) program would sunset one year Finally, the SBA’s Office of Advocacy is au- from different newspaper ownership to chang- after enactment. thorized in this bill to expend $500,000 to ing news philosophy, but Ande has always In the third category of assistance, this bill study and report on small businesses ad- kept the importance of freedom of speech and contains a general economic stimulus for versely impacted by the attacks of September community journalism in the forefront of his those small businesses in need of capital and 11, and measure the effect of this legislation mind. investment financing, procurement assistance, on small businesses. Ande started his career at the Telegraph in or management counseling in the economic This bipartisan bicameral legislation is en- 1960 with the late publisher Paul S. Cousley aftermath of September 11. There are incen- dorsed and strongly supported by small busi- and well-known editor Elmer Broz. Ande has tives for small businesses and lenders to use ness groups, including the U.S. Chamber of previously described Cousley as a publisher the 7(a) program, the 504 Certified Develop- Commerce, National Small Business United, with great integrity and respect. Cousley was ment Company guarantee loan program, the Small Business Legislative Council, the credited with carrying on the tradition of Elijah which is used for plant construction and ex- National Association of Government Guaran- P. Lovejoy, the abolitionist newspaper/pub- pansion and equipment acquisition, and the teed Lenders (NAGGL), the National Associa- lisher/editor. He had a great impact on Ande, Small Business Investment Company (SBIC) tion of Development Companies (NADCO), the teaching him about being a newspaper per- program. son, how to inform people about issues in As an economic stimulus, the bill reduces Association of Women’s Business Centers, the National Community Reinvestment Coalition, government, reporting on school district affairs by half the upfront 7(a) guarantee fee paid by and coverage of the business community. and the National Limousine Association. the borrower; reduces the lender’s annual When Ande started as a cub reporter, Madi- Mr. Speaker, I invite my colleagues to join guarantee fee from 0.5 to 0.25 percent for the son County was noted for illegal gambling and me in passing this emergency legislation so life of the loan; establishes a government other related activities. He gained a reputation that we can get assistance to needy small guarantee percentage of 85 percent on all as an investigate reporter who exposed the business owners as soon as possible. such loans (regardless of size); and gives the racketeering empire of local mobster, Frank SBA Administrator the authority to waive or in- f ‘‘Buster’’ Wortman. As a result of his stories crease a size standard. In addition, the bill HONORING LAVERNE SCHWALM exposing the gangsters, the Illnois Crime In- eliminates the upfront 504 loan program guar- vestigation Commission teamed up with FBI antee fee of 0.5 percent paid by the borrower and other law enforcement authorities to shut and reduces by half the borrower’s annual HON. GEORGE RADANOVICH OF CALIFORNIA down organized crime operations in both guarantee fee for the life of the loan. These Madison and St. Clair Counties. changes to the 7(a) and the 504 program IN THE HOUSE OF REPRESENTATIVES Another highlight of his career came in would expire one year after enactment. The Tuesday, November 6, 2001 1969, when he and former Telegraph reporter bill also raises the authorized program level of Mr. RADANOVICH. Mr. Speaker, I rise Ed Pound began an investigation of an Illinois the SBIC program, the SBA’s venture capital today to honor Laverne Schwalm for his serv- Supreme Court Justice who allegedly received initiative, by $900 million to meet anticipated ice to our country as a member of the U.S. a gift of stock after he set a defendant free in demand as other private sector sources for Merchant Marines. Mr. Schwalm passed away a crime. After the story appeared, an inves- venture capital dry up. 1 year ago, on October 26, 2000. tigation of the Supreme Court was undertaken The legislation also establishes an expe- Ensign Schwalm was born in Toledo, OH, by both the Illinois and Chicago Bar Associa- dited procedure whereby federal small busi- and attended high school in Deerfield, MI. tions. Following the hearing, two justices of ness contractors can apply for an equitable After high school he joined the U.S. Merchant the Court resigned. Both Ande and Ed Pound adjustment to their contracts if costs have Marines at the age of 17. He began his serv- were then nominated for a Pulitzer Prize for been incurred due to security or other meas- ice in the Merchant Marines in 1944 and their stories on the Supreme Court Investiga- ures resulting from the September 11 terrorist worked as a radio operator. He and his family tion. They were also honored with the National attacks. An adversely affected small business first lived in California in 1947, when he was Associated Press Managing Editors Award for owner would first apply to the contracting offi- stationed in San Francisco. Laverne and his the Supreme Court Expose. cer for monetary relief. The contracting officer wife moved to Fresno when he left the Mer- In addition to these honors, Ande was would work with the agency’s Office of Small chant Marines in 1949. After the Merchant Ma- awarded the Illinois Associated Press First and Disadvantaged Business Utilization and rines Laverne worked as a foreman at Pitts- Place award for news and feature writing 10 the SBA to determine the amount of any mon- burgh Steel Company for 25 years. different times and twice was nominated for a etary adjustment. A decision is required within Laverne and his wife Billie were married for Pulitzer Prize for his news reporting. His ca- 30 days. The provision establishes a $100 mil- 53 years. He is survived by his wife, 4 chil- reer was further distinguished in 1997, when lion fund at the SBA to pay for these contract dren, 10 grandchildren, and 11 great-grand- he was awarded the Elijah P. Lovejoy award adjustments. The program would sunset, per- children. for a lifetime of writing stories to improve the mitting small businesses 11 months after en- Mr. Speaker, I honor Laverne Schwalm for quality of life of people of all races and nation- actment to apply for the adjustment. his service to our country. I urge my col- alities. The bill also authorizes additional funds for leagues to join me in honoring Mr. Schwalm’s Ande is known for his writing ability, but various SBA management assistance pro- accomplishments. most of all, he has been involved in many hu- grams to help small business successfully uti- manitarian efforts in the community during his lize the temporary changes to the SBA loan f 41 year career. In the early 1960’s, Ande guarantee programs as outlined above. It in- HONORING THE 41 YEARS OF spent time tutoring young black children to creases funding for Small Business Develop- SERVICE OF ANDE YAKSTIS help them to read. Ande has said his greatest ment Centers (SBDCs) by $25 million, of reward as a journalist comes when one of his which $2.5 million will be available for busi- HON. JERRY F. COSTELLO stories helps a child get an organ transplant or nesses in New York’s disaster area and $1.5 OF ILLINOIS when a story he writes helps a local food pan- million for businesses in Virginia’s disaster IN THE HOUSE OF REPRESENTATIVES try receive donations of food for hungry fami- area. The funds would be used to provide free lies. It is then, that Ande believes his life as individualized assistance for small businesses Tuesday, November 6, 2001 a writer has been worthwhile. adversely affected by the terrorist attacks. No Mr. COSTELLO. Mr. Speaker, I rise today to In 1975, Ande was presented the Brother- matching state funds would be required. ask my colleagues to join me in recognizing hood Award from Black Churches in Alton for

VerDate 112000 05:28 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.005 pfrm01 PsN: E06PT1 November 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2007 his stories promoting justice and racial har- Shortage Due to Multiple Factors, concludes UAW, and the AFL–CIO—organizations that mony in the community. He organized a cam- as follows: speak for America’s nearly 3 million nurses. paign to rebuild the historic Rocky Fork New [T]he current high levels of job dissatisfac- I urge my colleagues to join with me in sup- Bethel A.M.E. church in Godfrey after it was tion among nurses may also play a critical port of the Safe Nursing and Patient Care Act. burned by arsonists. Ande has also volun- role in determining the extent of current and Again, my bill is not the only solution. I also teered at the Salvation Army to help the poor future nurse shortages. Efforts undertaken support efforts to increase the number of peo- with food and clothing and helped the late to improve the workplace environment may ple entering the nursing profession and have both reduce the likelihood of nurses leaving cosponsored legislation to achieve that goal. Frances Jackson to start the Alton Food Crisis the field and encourage more young people Center which feeds hundreds of people each to enter the nursing profession . . . But, we must also take steps to improve nurs- month. ing now so that today’s nurses will remain in Ande is a veteran of the Korean War and We have existing government standards the profession to care for those of us who has spent a lifetime as an advocate for the that limit the hours that pilots, flight attendants, need such care before new nurses can be rights of men and women who served in the truck drivers, railroad engineers, and other trained and be there as mentors for the nurses armed forces. professions can safely work before consumer of tomorrow. Mr. Speaker, I ask my colleagues to join me safety could be impinged. However, no similar Mandatory nurse overtime is a very real in honoring the 41 years of service of Ande limitation currently exists for our nation’s quality of care issue for our health system and Yakstis and to wish both he and family the nurses who are caring for us at often the most I look forward to working with my colleagues very best for an enjoyable retirement. vulnerable times in our lives. to enact the Safe Nursing and Patient Care The Safe Nursing and Patient Care Act f Act which will start us down the right path to- would set strict limits on the ability of health ward protecting patients and encouraging peo- INTRODUCTION OF THE SAFE facilities to require mandatory overtime from ple to remain in—and enter—the nursing pro- NURSING AND PATIENT CARE ACT nurses. While nurses would be allowed to con- fession. tinue to volunteer for overtime if and when f HON. FORTNEY PETE STARK they feel they can continue to provide safe, OF CALIFORNIA quality care, mandatory overtime would only WORDS OF VERNON JORDAN IN THE HOUSE OF REPRESENTATIVES be allowed when an official state of emer- gency was declared by the Federal, State or Tuesday, November 6, 2001 HON. ELEANOR HOLMES NORTON local government. These limits would be part OF THE DISTRICT OF COLUMBIA Mr. STARK. Mr. Speaker, I rise to introduce of Medicare’s provider agreements. They IN THE HOUSE OF REPRESENTATIVES the Safe Nursing and Patient Act of 2001 would not apply to nursing homes as there are Tuesday, November 6, 2001 which I am introducing with a group of col- alternative staffing and quality measures mov- leagues today. ing forward for those facilities. Ms. NORTON. Mr. Speaker, I rise to draw There are some 500,000 trained nurses in To assure compliance, the bill provides HHS to the attention of the House the words of a this country who are not working in their pro- with the authority to investigate complaints distinguished American, Vernon Jordan. In this fession. Of course, their reasons for leaving from nurses about violations. It also grants House, he is well known through the major nursing are many. But consistently cited are HHS the power to issue civil monetary pen- roles that chart his extraordinary life: civil concerns about the quality of care that nurses’ alties of up to $10,000 for violations of the act rights worker, civil rights leader, leading law- feel able to provide in many health care set- and to increase those fines for patterns of vio- yer, international investment banker. Mr. Jor- tings today and increasing requirements to lations. dan’s life will be understood through his own work mandatory overtime. Providers would be required to post notices words in his autobiography entitled Vernon Listen to these words of a nurse in the state explaining these new rights and to post nurse Can Read, just released and excerpted in the of Washington: schedules in prominent workplace locations. October 29th issue of Newsweek. However, Mr. Speaker, in light of what Sep- I have been a nurse for six years and most Nurses would also obtain antidiscrimination tember 11 brought down on our country, what of the time I have worked in the hospital en- protections against employers who continued I want to submit for the RECORD today is a re- vironment. It is difficult to tell you how ter- to force work hours for nurses beyond what a rible it is to ‘‘work scared’’ all the time. A markable, recent speech by Mr. Jordan to the nurse believes is safe for quality care. Pro- mistake that I might make could easily cost First Congregational United Church of Christ viders found to have violated the law would be someone their life and ruin mine. Every located in his hometown, Atlanta, Georgia. posted on Medicare’s website. night at work we routinely ‘‘face the clock.’’ I can only imagine how the hometown con- This legislation is not the final solution. I be- All of us do without lunch and breaks and gregation must have received these inspiring work overtime, often without pay, to ensure lieve that standards must be developed to de- and thoughtful words from Vernon, whom they continuity of care for our patients. Yet, we fine timeframes for safe nursing care within saw off to DePauw University as a boy and are constantly asked to do more. It has be- the wide variety of health settings (whether have seen him return as one of the nation’s come the norm for us to have patient assign- such overtime is mandatory or voluntary). That ments two and a half times greater than the wise men. I have no doubt that Mr. Jordan is is why the legislation also requires the Agency staffing guidelines established by the hos- also so regarded by this House and ask that on Healthcare Research and Quality to report pital itself. I cannot continue to participate excerpts from his remarks be made a part of back to Congress with recommendations for in this unsafe and irresponsible practice. So today’s RECORD. I am leaving, not because I don’t love being developing overall standards to protect patient a nurse, but because hospitals are not safe safety in nursing care. FIRST CONGREGATIONAL CHURCH IN ATLANTA places: not for patients and not for nurses. I know that our Nation’s hospital trade asso- Thank you, for inviting me here today and If we want to ensure quality patient care and ciations will claim that my solution misses the for this opportunity to join you for your homecoming service. a strong nurse work force today and in the fu- mark because it is precisely the lack of nurses For what I am and what I have achieved, I ture, we must make stories like this nurse’s in the profession today that is necessitating owe that experience and to the people who much less frequent. One way to do that is to their need to require mandatory overtime. Let guided me while I have run this race . . . enact legislation prohibiting hospitals and me respond directly. Mandatory overtime is through all of life’s trials and tribulations, other health care providers from forcing dangerous for patients plain and simple. It is joys and triumphs. nurses to work hours beyond what that profes- also a driving force for nurses leaving the pro- I had planned to talk about those people fession. These twin realities make mandatory today . . . about my parents who steered me sional nurse believes to be safe for patient on a straight and narrow path . . . about my care. That is the purpose of the Safe Nursing overtime a dangerous short-term gamble at teachers at Walker Street, E.A. Ware and and Patient Care Act. best. We should join together to end the prac- David T. Howard High Schools, the coun- The current practice of mandatory overtime tice. selors at the Butler Street YMCA . . . and is jeopardizing the quality of care patients re- This bill takes the first step to address the about the role of the black church, and its ceive. It is also contributing to the growing problem by strictly limiting the ability of pro- historic mission as a beacon of hope and op- nurse shortage. Current projections are that viders to force nurses to work beyond their portunity for black people. the nurse workforce in 2020 will have fallen 20 professional opinion of what is safer for fear of But like all Americans, my thoughts this past fortnight have been elsewhere. percent below the level necessary to meet de- losing their jobs. This is a very real problem My thoughts have been with those many mand. facing the nursing profession and that is why thousands of innocent victims of horror . . . A recent report by the General Accounting my bill is endorsed by the American Nurses with their families and friends . . . and with Office, Nursing Workforce: Emerging Nurse Association, AFSCME, AFT, SEIU, AFGE, our wounded nation.

VerDate 112000 05:28 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A06NO8.009 pfrm01 PsN: E06PT1 E2008 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2001 My thoughts have been about how we got Americans today, gripped by shock and trau- HONORING LARRY HIBDON to this perilous situation . . . what we must ma, simple revenge is enough. But great do to overcome it . . . and of the need to af- causes cannot be rooted in negativism. Nor firm our values—especially as those values can they be driven by raw emotions. HON. GEORGE RADANOVICH OF CALIFORNIA come under attack from the forces of evil. We did not go into World War II solely to The world has changed radically in the IN THE HOUSE OF REPRESENTATIVES avenge Pearl Harbor or because the Nazis past decade. It is a world that has become were bad. We went to war—and won that war Tuesday, November 6, 2001 more complex and more integrated than ever. to defend freedom and democracy from those Mr. RADANOVICH. Mr. Speaker, I rise The great worldwide division of the past who would replace it with tyranny and des- today to pay tribute to Larry Hibdon for his half-century was the struggle between com- potism. years of dedicated service to the community. munism and freedom. Freedom won. The Yes, our democracy was flawed. But our af- After 29 years with the City of Madera’s Parks American model of freedom and free markets firmation of democracy during World War II Department, Mr. Hibdon retired last year. is now the world’s model. set the stage for its expansion and growth in In 1971, Larry began his recreation and But freedom’s victory is being tested in a the post-war era. world of diverse cultural, social, and eco- community services career as a Recreation nomic traditions. The giant leap forward of Now we are called upon to defend freedom Playground Leader. From there, he earned his technology and free trade have left many be- from chaos and mindless terror. This new degree in Recreation from Fresno State Uni- hind. The pervasive march of modernity dis- kind of war will be long and difficult, for the versity and continued to progress his career rupts traditional cultures. Worldwide migra- enemy is elusive and as we have seen, mod- ern societies are highly vulnerable. with the City of Madera. He spent some time tions sharpen culture clashes. The industrial as their Community Services Supervisor and world ages while the developing world’s pop- We will win that war if we fight for our finally became the Director of Parks and Com- ulation growth strains its ability to feed or American values and if we act consistent employ its people. The power of new multi- with those values. munity Services, a position he has held for 13 national institutions—the European Union, years. If we defeat them militarily but in the the World Trade Organization, worldwide Larry Hibdon’s guiding principal has always process become less free, less open—they will corporations, and mass media, among oth- have won. been that a Parks and Recreation Department ers—breed resentment and distrust. is designed to serve the people. Under Larry’s About the only constant is the craving for Such measures are part of being at war and direction and guidance the Parks and Commu- they are acceptable limitations so long as full participation in political decisions that nity Services Department has reached new affect people’s lives and in the economic de- our basic freedoms are intact. heights. The following are some major mile- cisions that affect their livelihoods. We must not allow the inroads on those That is why many people believe the rush stones for this department under Larry’s direc- basic freedoms that can happen in times of for markets and profits leads to exploitation, national emergency. In World War One, there tion: starting the Disabled Adult Program, cre- unemployment and human suffering. Ameri- was a ‘‘Red Scare’’ in which the government ating the Summer Youth Enrichment School, cans, who have benefitted from the triumph ignored constitutional rights like freedom of creating the Christmas Basket Program, cre- of markets, dismiss such feelings at our speech. In World War Two, Japanese Ameri- ating the 50 acre Lion’s Town & Country Re- peril. For our vision of a fair, democratic cans, including U.S. citizens were forced into capitalist society must include social justice gional Park, groundbreaking for Madera’s first detention camps. and equitable division of the benefits of the Senior Center, inception of the Madera County free market. Such things happen during wartime, when Arts Council, creating and opening the Madera Absent that, there is a tendency toward a feelings run high. They must not happen Municipal Golf Course, creating the 37 acre turning within, a rejection of the outside again. For even if we win battles, we would Millview Sports Complex, first bike lanes in world and modern ways, a rush to a form of lose the war. We must be on guard against Madera, creating the Madera Beautification traditionalism that wallows in envy and subverting our constitution and our civil lib- Committee, the Gateway Tree Project imple- hate—a traditionalism that is not only eco- erties in the name of defending the constitu- nomically counterproductive, but reflects tion and liberty. mentation, grand opening of the Pan-American Community Center, and the repair of the insularity and deep mistrust of all outsiders. The terrorists who turned civilian planes Broadening the base of freedom and pros- Route Bus system in Madera. into destructive missiles were sending a mes- perity should be a cornerstone of America’s This list only begins to highlight the vision sage. It was a message that was not ad- policy. Not only because it might shrink the dressed to the White House or the Pentagon that Larry has had for Madera. He has contin- numbers of disaffected who can be recruited or to Wall Street. It was addressed ‘‘to whom ually been dedicated to getting more parks, for terrorism. But because it is the right it may concern’’ and that means all Ameri- recreation and leisure activities for all thing to do, the just thing, the moral thing. cans and all free people. Maderans. In 1999 Mr. Hibdon received the And it is also practical, for the more people who are productive and well-fed and housed, But they are all Americans. And in the California Parks and Recreation Society Dis- the higher everyone’s living standards will eyes of the terrorists, they all stand for val- trict VIII Howard B. Holman Award. The award be. The world over. ues that are central to the American fabric. is the highest honor that can be bestowed in But it is easy for many of us to be so fixed And that was enough to make them targets. the profession of Parks and Community Serv- upon existing poverty and injustices that we Just as you and I and all our loved ones are ices by the profession in the State of Cali- confuse case and effect. They are not the targets now. fornia. causes of terrorism. Black Americans hold America’s values Mr. Speaker, I rise to pay tribute to Larry A hatred of modernity and a love of evil dearly. At times, it seemed as if we were the are the causes of terrorism. And in this Hibdon for his active and distinguished com- only ones who did. When this nation was in world, as we have so painfully seen, there is munity involvement. I urge my colleagues to the grip of racism and segregation, it was no hiding place from terrorism. join me in wishing Larry Hibdon many more It is good to remember that at a home- black people who reminded America of its years of good health and happiness. basic values of freedom and democracy. It coming service whose theme is ‘‘For the f Glory of God and the Good of Humankind.’’ was black Americans who helped America to For destroying innocent lives has nothing to close the gap between its beliefs and its prac- IN RECOGNITION OF BIA/SC do with the good of humankind and every- tices. PRESIDENT LUCY DUNN thing to do with pure, unadulterated evil. And America has responded to our pleas Our response to the evil of September Elev- and our demands by changing. Not as fast as enth is very clear. By definition, those acts we might wish. Not as willingly as we hoped. HON. DARRELL E. ISSA were acts of war. By the principles of inter- But change it was. We must understand that OF CALIFORNIA national law, self-defense and common sense, change and help moved it forward. For we IN THE HOUSE OF REPRESENTATIVES we will strike back at the networks of ter- cannot be frozen in a bitter past; we cannot Tuesday, November 6, 2001 rorists who attacked us, the networks that forever lick yesterday’s wounds. support them and are committed to harm us, Mr. ISSA. Mr. Speaker, I rise today to rec- And if we have done so much when we had ognize my constituent, Ms. Lucy Dunn, of and the governments that give them shelter, so little, think how much more we can do arms and resources. now that we have so much more. Coto de Caza, California, for her personal and War is a terrible thing. No one in his or her professional commitment to the building indus- right mind wants it. But if it is forced upon We have in fact changed the face of Amer- try. Ms. Dunn was elected Secretary Treasurer ican and the world. We are a great people, us—as it has been—it must be pursued as of the Building Industry Association of South- Jeremiah says, with ‘‘fury like fire, and burn and we are patriotic Americans. Take heart that none can quench it, because of the evil from our glorious past and be encouraged by ern California in 1998 and has served in suc- of your doings.’’ it because it can inspire us to understand the cessive years as second and first vice presi- Even as we do so, we must be clear about great things we can do when we come to- dent before being elected president. In addi- what we are fighting for and why. For many gether to do them. tion, Lucy also serves as director and member

VerDate 112000 05:28 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.013 pfrm01 PsN: E06PT1 November 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2009 of the California Building Industry Association American Defense Service Medal with One ented individual, Miss Kira Schiavello of Sad- and the National Association of Homebuilders, Bronze Star; the European-Africa-Middle East- dle River, NJ. Kira lives in my district which where she serves on the Environmental Com- ern Theater Ribbon; Four Bronze Service was particularly hard hit by the World Trade mittee. Stars for participating in action in Normandy, Center disaster. The loss of life and strain on Lucy’s involvement is not limited to the Northern France, the Rhineland, and the our community has been difficult, to say the building industry however. She has served as Ardennes. He also received the purple heart. least. However, we are finding a new strength a director and/or member of the Orange Coun- All soldiers are not fortunate enough to re- in the Fifth District of New Jersey. Kira ty Business Council, the Lincoln Club of Cali- turn home to their families after the battle and Schiavello has captured the experience of fornia, the Huntington Beach Chamber of enjoy the freedoms they have fought to pro- September 11 and the resulting challenges in Commerce, the California Office of Historical tect. Unfortunately, Lt. Patton was one of a moving poem entitled ‘‘Tragic Tuesday.’’ Preservation Subcommittee on Archaeology, those. Kira displayed an eloquence and insight be- the National Foundation for Economic and En- The remains of a P–51 Mustang were re- yond her young years as she not only de- vironmental Balance and the Bolsa Chica cently discovered in a farmer’s field near the picted this terrible tragedy but also expressed Conservancy as a founding member. village of Longueville, France. The United the emotional and soul searching reactions of Orange County Metropolitan magazine states Army Central Identification Laboratory Americans. I would like to take this opportunity ranked Ms. Dunn among the country’s ‘‘Hot has now determined the remains of the body to share her poem with my colleagues. As we 25’’ people in business for 1992 and 2000, inside that aircraft are in fact those of a Mis- work to protect her generation’s future, let us she was nominated for the Orange County souri farm boy who gave his life as a soldier be inspired by the true patriotism and strength Business Council’s ‘‘Women in Business and as a patriot. Mr. Speaker, Lt. Patton is fi- that they now show. Award’’ in 1995 and 1996, and was recog- nally beginning his last journey home to his Mr. Speaker, I ask that the following poem nized as the California State Legislature’s family in Southwest Missouri after fifty-six by Kira Schiavello be submitted to the CON- ‘‘Woman of the Year’’ in March 1997 for her years. He will join his comrades in arms from GRESSIONAL RECORD. every war since the Civil War in burial at the outstanding service and dedication to the peo- TRAGIC TUESDAY ple of California. National Cemetery in Springfield, Missouri. As our young men and women in the serv- On September 11, 2001, As Lucy Dunn completes her term as presi- America was under attack. dent I would like to congratulate Ms. Dunn for ice find themselves today scattered around the world waging war against terrorism, it is impor- There was an empty gap in NYC, her service and commitment to her profession And the skies above were black. and the community. I wish her great success tant to remember that in war all must be pre- pared to make the ultimate sacrifice. Some, First, the North twin tower was hit in all her future endeavors. By a hi-jacked, passenger jet. sadly, will be required to actually make that f The sight of the explosion in the sky, sacrifice. However that sacrifice is not only Americans will never forget. AN AMERICAN PILOT RETURNS made by the airman, the soldier, the sailor, the Then, to the world’s shock and disbelief, HOME marine, or the guardsman, but by their family The South Tower was crashed into. and their loved ones as well. Those close by just ran and screamed; HON. ROY BLUNT To the family of Lt. William Patton, I would It was like nothing they had been through. like to say thank you, this Congress thanks OF MISSOURI As if nothing else could ever go wrong, you, and the citizens of our country thank you. Two more planes were seized! IN THE HOUSE OF REPRESENTATIVES We understand that our freedom is purchased They hit Pennsylvania and The Pentagon, Tuesday, November 6, 2001 by the sacrifice made by Lt. William Patton Until finally the terrorists were pleased. Mr. BLUNT. Mr. Speaker, I rise to report to and by you. But the damage to the US was not done, my Colleagues that another brave American f For the Twin Towers dropped to the ground. pilot is coming home. However, this one is not Blinding dust filled up the air; A PROCLAMATION RECOGNIZING And the world shook with the trembling returning from an air strike to destroy the UNION LOCAL HIGH SCHOOL sound, Taliban hiding in Afghanistan; this pilot is re- Under the ruble, five stories high, turning from a mission against the enemies of HON. ROBERT W. NEY Are brothers, sisters, dads and moms. Freedom who threatened our world over a half Their innocent lives are gone forever; century ago in France. OF OHIO IN THE HOUSE OF REPRESENTATIVES Because of the terrorists’ flying bombs. On January 15, 1945, First Lieutenant Wil- America has never seen a tragedy liam Wyatt Patton Jr. of Stark City Missouri Tuesday, November 6, 2001 As devastating as this. disappeared while flying his P–51 Mustang on Mr. NEY. Mr. Speaker, Whereas, in the It will continue to affect our everyday lives, a weather scouting mission out of an allied air wake of the September 11th tragedy, the stu- For as long as we exist. base in Wormingford, England. After the dents of Union Local High School completed a The faceless criminals were looking to ruin events earlier this year, I am sure than too painting of a 150 foot American flag; and, Our happiness, our liberty, and our spirit. many families today know firsthand the sorrow Whereas, they have shown their loyalty and But surely they were stunned to find; and heartache that Lt. Patton’s family felt in support for the United States of America by That they came nowhere near it. southwest Missouri when they learned that boldly showing their patriotic spirit; and If those evil cowards were here today; their son was missing. A year later their son Whereas, the students have been extremely They’d see people sob and cry. was officially declared dead by the U.S. Army generous in creating and donating to a ‘‘Sep- But behind those tears, they’d surely find, Our flag still flying high. Air Corps. However like those families whose tember 11th Fund’’; and, loved ones disappeared in the collapse of the Whereas, the students also demonstrate de- In the face of this tragic Tuesday; America did unite. World Trade Center, the sense of closure votion to their country through decorations, songs, speeches, pins, and patriotic enthu- And those who tried to hurt our pride; eluded the family whose son who still had not America will fight. siasm; come home. We’ll join as one and win the war, William Patton was committed to serving our Therefore, I invite my colleagues to join with me and the citizens of Ohio in thanking the Till our strength is doubted no longer. country. He first tried to enlist long before the If anything, this tragedy outbreak of World War II at age 16. Official students of Union Local High School for their Will only make us stronger. disapproval over his young age and small size unmatched allegiance to the United States of f didn’t stop him. Shortly, thereafter he began America. working at a military mess hall eating what he f HONORING LARRY FORTUNE could to gain the necessary weight and work- TRAGIC TUESDAY ing diligently until he could join the Army. Lt. HON. GEORGE RADANOVICH Patton eventually entered the service in 1934 HON. MARGE ROUKEMA OF CALIFORNIA and was in Hawaii as a seasoned member of OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES the military when the Japanese bombed Pearl IN THE HOUSE OF REPRESENTATIVES Harbor in 1941. Tuesday, November 6, 2001 Dedication and perseverance as a young Tuesday, November 6, 2001 Mr. RADANOVICH. Mr. Speaker, I would airman marked his career as he earned the Mrs. ROUKEMA. Mr. Speaker, I rise today like to honor Larry Fortune, the president of Distinguished Flying Cross; the Air Medal; the to share a poem written by an extremely tal- Fortune Associates, who was recently featured

VerDate 112000 05:28 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.017 pfrm01 PsN: E06PT1 E2010 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2001 in an executive profile for the Fresno Business colleagues to join me in wishing Mr. Fortune gave you back some rental that had been Journal newspaper. The question and answer many more years of continued success. paid for your space at 11 Overhill Rd. They Executive Profile, printed in the Fresno Busi- said that I gave you part of what I received f for my pay. They also said I earned more ness Journal on August 6, 2001, reads as fol- PAPERS OF MISCONDUCT, U.S. AT- money than I should have while on your lows: staff. In general, they said that I was in vio- Q. What is your essential business philos- TORNEY’S OFFICE OF THE DIS- TRICT OF OHIO lation of many laws and that if I admitted to ophy? these violations so they could ‘‘get you’’ A. By attracting and utilizing the most ex- they would really ‘‘protect me.’’ perienced and professional agents in the HON. JAMES A. TRAFICANT, JR. Jim, as you know, I am not a criminal law- market we can give the most experienced OF OHIO yer, I was absolutely puzzled and certainly and professional service to our clientele. felt intimidated. I have never been accused Q. What is your best professional accom- IN THE HOUSE OF REPRESENTATIVES of violating the law or even violating ethics plishment? Tuesday, November 6, 2001 as a lawyer. I really pondered over whether A. The recruitment and engagement of our I should contact you because I know how current sales staff. Mr. TRAFICANT. Mr. Speaker, these pages busy you are and how many things are on Q. If you could effect any change in the are hereby memorialized in the RECORD to your mind at all times. But, the other day, I community, what would it be? document prosecutorial misconduct in the U.S. really received a shock. A. I would reduce taxes, fees and red tape Attorney’s Office of the Northern District of A local FBI agent, Jeff Danik, called me so as to lure employment to the Fresno area. Ohio. and informed me that the Youngstown fel- Q. Goal yet to be achieved? JANUARY 24, 2000. lows had asked him to serve a subpoena on A. I have many goals, not least of which Congressman JAMES A. TRAFICANT, Jr., me. We finally got together on January 20, are: Overhill Rd. 2000. To my continued amazement, the sub- 1. Write a book. Youngstown, OH. poena requested that I appear in Cleveland, 2. Produce a TV series about agriculture in DEAR JIM: On November 1, 1999 I reached Ohio on February 1, 2000 to testify regarding the San Joaquin Valley. my 70th birthday. As you know, I retired for John Doe. Of course, I know they are refer- 3. Travel throughout Russia, the Orient good on January 2, 1999, after practicing law ring to you as ‘‘John Doe’’. and Africa. for almost 47 years. Also, after having been First of all, they did not give me much no- 4. Get two kids through college and off the one of your staff members for 14 years. tice. Also, I live in Florida and am retired. Larry scholarship plan. My relationship with you was a most re- Why should I pay my own expenses to travel 5. Start a landscape award program in warding experience in my life. I found the to Cleveland? In winter to boot. I have had Fresno. work I did interesting and profoundly excit- to hire legal counsel to protect myself. How Q. What is a good yardstick of success? ing because I was able to do something good can the Government do this and get away A. Each time a current customer refers a for people and our community of Youngs- with it? new client to us, we are being successful. Jim, I certainly did deny and am denying Q. What is the best way to keep your com- town-Mahoning Valley, Ohio. It took me the most part of last year to try that I have violated any laws anywhere. The petitive edge? office building, as you know, was transferred A. We continually talk with accomplished, to relax and try to enjoy life without the workaholic tendencies I had for most of my out of my name when I discovered during experienced and professional agents in the your orientation as a new Congressman that community always looking for a mutually adult life. The arrival of our gorgeous grand- daughter, Lara, certainly helped me to be I could not keep the building in my name. I beneficial situation. was informed by the appropriate Congres- Q. Toughest business decision? able to sit back and start ‘‘smelling the roses.’’ sional Committee that I did not have to be A. To switch from a ‘‘residential’’ office to the one who was designated to report my as- a ‘‘commercial’’ office in 1995. A most disconcerting event took place on Thursday, January 13, 2000. I thought that I sets etc. Q. Who has been your mentor? I also was informed that I did not surpass should call it to your attention because you A. My father, Don who died four years ago. the earnings where I could not still practice appear to be the ‘‘main target’’ and I was ob- Hardly a day goes by without somebody in law. I also don’t see how I could have shared viously contacted in their attempt coerce me the community reminding me of what a my pay with you or anyone when I know I to agree to certain allegations that are abso- ‘‘great, trustworthy friend’’ my father was. was losing income by being with you. Also, I lutely not true. The following is what hap- Q. Three words that best describe you? know I don’t have to tell you what I did and pened. A. Happy-Alive-Family how many hours I worked while on your On Thursday morning at about 8:30 AM Q. Person you are most interested in meet- staff. All of this is nonsense. someone called me on the downstairs ing? I wish that all of this would go away but as phone—I live in a high-rise condominium A. My children when they are adults. a lawyer of many years I guess I should know here on Singer Island, Florida. I was in- Q. What is your organization’s five year vi- better. Since I have known you, I have formed that I should let him in because they sion? learned that your intellect and judgment had to talk to me about you. He would not A. We believe that we will maintain our would surpass anyone I have ever met—and I tell me what it was all about. At this point, position as one of Fresno’s top two or three mean that it just doesn’t seem fair that I can I felt coerced and compelled to let them preeminent commercial brokerages, not by be intimidated, coerced and whatever else come up to our apartment and I did. expanding but by continuously providing the during my retirement and at this time of my Three gentlemen came in and showed me same high level of professional, competent life. their credentials and then gave me their service that got us where we are today. I hope it is not some desperate political cards. Two of them were real bruisers, or Q. What is the community service project, maneuver on someone’s part. If it is, I shall maybe I should say ‘‘big’’. The two FBI per- organization or event closest to your heart? really lose my faith in our system. A. Tree Fresno has probably done more to sons were, Michael S. Pikunas of Youngs- I am very sorry that I must discombobu- better the appearance of Fresno and raise town, Ohio and John E. Stoll, also of late your mind with all of this. I am trying the community pride in the last several Youngstown, Ohio. The other fellow was to ease my discomfort a bit but I also feel years than any other organization. Charles L. Perkins, Special Agent for the In- compelled to let you know what is hap- Q. Best business advice you’ve ever re- ternal Revenue Service, Criminal Investiga- pening. ceived? tions. At this point I really felt intimidated. Please let me know if you have some words A. That even though customers sometimes They made it clear that they were out to of comfort and maybe some advice. I really do not want to hear the truth, they will al- find information that could or would be used am confused and agitated at this point. ways remember favorably the person who against you. In fact, they made it clear that Sincerely, if I admitted what they brought up they tells the truth. HENRY A. DIBLASIO. Q. Three greatest passions? would protect me. A. My wife, my kids, my business. At my age, and in my poor health condi- STATE OF OHIO, COUNTY OF MAHONING— Q. Favorite way to spend leisure time? tion, I am surprised I did not collapse. They AFFIDAVIT OF JOHN INNELLA A. Traveling or working in the yard. said that others in your office and elsewhere Q. Most influential book? had said certain things about me that vio- After being duly cautioned on my oath in A. Winning Through Intimidation by Rob- lated Federal Laws. I was absolutely aston- accordance with the law, I, John Innella, ert Ringer. ished. By the way, they never read me my hereby depose and say: Q. Death row dinner? rights but they just kept on pressing me to At approximately 1:00 p.m. on Monday, A. Shish kabob, rice pilaf, carrot and raisin admit to things that I not only did not do April 30, 2001, I was in the company of James salad and chocolate cake. but I could never have thought of doing. A. Traficant, Jr., and was unexpectedly in- They said they had evidence of my not terrupted by Henry Nemenz. Mr. Speaker, I rise to honor my friend Larry working enough to justify being paid. They 1. Henry Nemenz voluntarily told James Fortune for his years of dedicated and distin- said that I should have filed a disclosure Traficant in my company, that ‘‘Morford was guished service to his community. I urge my statement each year as required. They said I trying to put words in his mouth’’.

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2. His (Nemenz) attorney told him to ‘‘tell with the Mahoning County Sheriff’s Dept. in Mr. DETOR. Yes. Morford what they wanted to hear so that he liquor and vice, and I was in charge of inves- Mr. TRAFICANT. All right. Let me ask you; would not be indicted’’. tigating this person. We would conduct in- the reason why is, this is the good news. I’ve 3. In my presence, James Traficant and vestigations on establishments that were in- got two people now that were both told the Henry Nemenz talked about their original volved with organized crime within the city same thing, and I’ve got one of them who deal which was $17,000.00 for the barn and ad- of Youngstown that were not being inves- said it in front of a witness; and I’m going to ditions because Jim Traficant already had tigated by Chief Wellington, and this person make a motion for prosecutorial misconduct the poles and metal for the building. was one of those. Morford stated that he did on their threatening and intimidation; and 4. In my presence, they discussed that the know this person but didn’t have enough to I’m going to do that, and they may call you construction man said he would bring in indict him. as a witness. twenty (20) Amish and they would get the job I also told Morford that this conversation Mr. DETOR. I’ve been threatened with the done in a week. had to stay strictly confidential for how high IRS. They told me that the IRS was imme- 5. Nemenz said that he eventually got rid up in the crime family this person was, I did diately going to investigate me and that of his construction man because of faulty not need any retribution because the last they were holding the IRS off, and I’ve been construction and poor management. time that I got close to Altshler and Strollo threatened with going and being six weeks in 6. Nemenz and Traficant discussed the fact I had a fire bomb threat at my parent’s home a trial. They realize that I would lose my se- they legitimately came to a reasonable busi- and my windows broken out of my car. curity licenses and I would lose my [unintel- ness settlement that Nemenz would have (It was later found out that Morford did ligible] licenses if there were any kind of a made with anyone under similar cir- not keep this conversation confidential. He Federal charge if found guilty, which would cumstances. did let a criminal defense attorney know reasonably come, in all likelihood. And they 7. Nemenz told Traficant that he was told that there may still be a pending investiga- have called and been on me and tried every by Morford ‘‘not to talk to Traficant’’. tion on this subject. This criminal defense threat, and they’ve gone all through my 8. Nemenz told Traficant that all money attorney was defending another person for wife, what kind of salary, why I bought the that Traficant owed, was paid in full, includ- murder and one of his subordinates for a house I bought, why I drive the kind of car ing the truck. gambling charge, putting myself and my I drive, you know, what my background is. 9. In my presence, Traficant and Nemenz family in jeopardy.) It has just been a nightmare of unbeliev- agreed that the stretching out of the work to My main purpose in calling Morford was to able proportions. I really feel that I’m living be performed was the cause of the cost over- look into improprieties in a local municipal in Red China. runs, and that it was not the fault of James court. As the conversation went on I told Mr. TRAFICANT. Okay. Let me ask you this. Traficant, which they had mutually agreed him about a drug distributor in Youngstown They more or less said to you that they to be $17,000.00 in addition to the truck. with connections with law enforcement. I wanted you to lie, didn’t they? 10. Traficant and Nemenz agreed in my mentioned that I really didn’t want to give Mr. DETOR. What they did is when they presence that Traficant-had settled the ac- this information out to just anybody because asked the question, they say, well, this is counts in full. of the quantity that this person deals with. what you’re saying; and they change what 11. Nemenz stated in my presence that Craig Morford stated I would have to get to- you’re saying; and you stop and you go, no, when Morford interviewed him, he had four gether with his FBI agent Jeff Sedlack, I that is not what I am saying. assistants, and the situation was intimi- told him that I really don’t trust the FBI of- TRAFICANT. They want you to more or less dating. He said that they did not want to fice in Youngstown because of my past expe- admit to the way they’re interpreting it, hear what he was saying. He said that he ba- riences with them. Morford tried to assure which would be a lie, wouldn’t it? DETOR. Yes. sically ‘‘told them what they wanted to me that those agents were no longer there, TRAFICANT. But they give you the impres- hear’’. and that you can trust Sedlack, because sion that if you more or less accept their 12 In my presence, Nemenz also said that Morford didn’t trust the other FBI agents ei- version, you’ll have no more problems. the conversation was ‘‘bull shit’’. ther. He stated Sedlack was assigned there Mr. DETOR. Give immunity. They won’t get 13. Nemenz said that he has agreed to sell to help clean that office up or help to clean the IRS. No questions. No ifs and or buts. I’m Traficant a black corvette. He said that he its image up, or something along that line. dealing with an attorney named Plato had realized that Traficant had invested Mr. Morford’s further comments and the Cacberis, right there in Washington; and I money in the car to make repairs because it way he presented the FBI here in Youngs- was dealing with one law firm. I said this is had sat so long unused. He further stated town was not to be trusted, but you can not acceptable. This is not the United that he realized Traficant put hardly any trust Sedlack. States. They can’t sit there and try to ask miles on the corvette. But when flap devel- PAT NAPLES, Jr. me to lie. They can’t even suggest it. They oped over the barn, Nemenz decided that he told me they subpoenaed all my bank records wanted the car back, saying that he would in the blind and all my IRS stuff. You know, give credit for any of the expenses. The real [Re. U.S. vs. James A Traficant, Jr., Case No. I mean I’ve listened to one story after an- reason he wanted the car back was that it 4:01 CR 207] other from the Assistant U.S. Attorney. was purchased as a graduation present for TRANSCRIPT OF TAPE-RECORDED CONVERSA- Mr. TRAFICANT. What was his name? his son, and his son was upset because Henry TION BETWEEN CONGRESSMAN JAMES A. Mr. DETOR. Morford. TRAFICANT, JR., AND RICHARD DETOR, had sold it. Henry also said he was also upset Mr. TRAFICANT. Yeah. He’s the one doing FORMER EMPLOYEE OF U.S. AEROSPACE, MA- over the problems that had developed con- the threatening? NASSAS, VIRGINIA, ON AUGUST 1, 2001 cerning the construction work at the farm. Mr. DETOR. Yeah. Nemenz admitted that he agreed to sell the (Tape prepared by Lisa C. Nagy-Baker, a Mr. TRAFICANT. And he basically wants to car to Traficant, and thanked Traficant for notary public within and for the State of lie, and he’ll let you alone, won’t he? returning the car. Ohio on this date, August 28, 2001, from a Mr. DETOR. Yes. 14. I was present during this entire con- tape supplied by Congressman Traficant.) Mr. TRAFICANT. Let me ask you something. versation at Bruno’s Restaurant in Poland, Mr. TRAFICANT. Hello. I’m having a hearing because I am going to Ohio. Mr. DETOR. Returning the page. call and give notice of the courts to call Further Affiant Sayeth Naught. Mr. TRAFICANT. Yeah. How you doing? Morford as a witness; and I have to have a Sworn to and Subscribed before me on this Mr. DETOR. Well, having fun. hearing on his behavior, and I will have 13th day of June, 2001. Mr. TRAFICANT. I know. I got some infor- three people that will be testifying to the JOHN INNELLA. mation to give you. I got it straight from same thing you will testify to; and if you Chance’s son that J.J. did perjure himself in were an attorney you’d lose your license, the Chance trial, and that’s what they did. wouldn’t you? STATE OF OHIO, COUNTY OF MAHONING— He went ahead and lied on me to save his ass. Mr. DETOR. Oh, absolutely. This is not eth- AFFIDAVIT OF PAT NAPLES, JR., JUNE 1, 2001 Mr. DETOR. Yeah. ical. I’ve gone through hell. I have literally This affidavit is being freely made and re- Mr. TRAFICANT. So I don’t know. What’s gone through hell. called to the best of my recollection. happening with you? What did you hear? Mr. TRAFICANT. What I’m going to tell you This affidavit concerns the phone con- Mr. DETOR. I have been threatened, intimi- is I am going to subpoena you in this process versation between myself and Assistant At- dated, essentially tried to mold into being against Morford; and all I want you to do is torney General Craig Morford. forced to lie. If I speak to anybody, they’ll tell the truth that if you would lie, they This conversation took place after the 30 come arrest me immediately. He told me would lay off you; and that’s the bottom federal indictments were handed down. The that he had me on perjury, although I’ve message they gave you. Isn’t that a fact? phone conversation lasted the better part of never provided a statement to him. They Mr. DETOR. Yes. an hour, if not more, and was tape recorded. said that I’m wearing Union pants [unintelli- Mr. TRAFICANT. Are you going to show up The conversation started out by me telling gible], and I either need to become wise and if I subpoena you for such a hearing? Craig Morford that he had a name missing tell them what they want to hear, or they’re Mr. DETOR. You have to handle it through from his indictments. I mentioned the name going to name me August 15 as a co-con- the attorney’s name is Plato Cacberis. and then he became very quiet. Morford spirator. Mr. TRAFICANT. Could you give me that so asked how I knew him and I proceeded to tell Mr. TRAFICANT. Okay. They want you in es- I can write it down. Hold a minute. Spell him that in the early 80’s I was a Lieutenant sence to lie, don’t they? that.

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Mr. DETOR. It’s C–A–C–B–E–R–I–S. they’re doing. It’s exactly what they’ve been Mr. TRAFICANT. Yeah, so anyway. I think Mr. TRAFICANT. Plato? doing to me. I mean, they have just ruined you’re on good grounds. If they indict you, Mr. DETOR. Yeah, Plato Cacberis. ***/***— my life. you’re not going to lie for these bastards, are hold on a second. I got to find his card here Mr. TRAFICANT. How about Al Lang? you? in my pocket. I forget the last four digits. Mr. DETOR. Haven’t heard a peep from him. Mr. DETOR. No. They said if I talked to anybody, they’d Mr. TRAFICANT. But you know that’s what Mr. TRAFICANT. I think we’re going to have come arrest me immediately. If I did this— they did to him; and, shit, he don’t have the a hell of a fight here, but anyway, I’m going it’s just been unbelievable. It’s ***/****. balls; he’d have probably said anything, to have a hearing, and I’m going to call you Mr. TRAFICANT. Yeah, but I’m my own at- wouldn’t he? as a witness in that hearing. torney, and I have a right to talk to individ- Mr. DETOR. I have no idea, but the thing is Mr. DETOR. Yep. That’s fine. I’ll grab the uals that are being investigated. I’ve talked to other people, and they’ve all attorneys that were, you know, present with Mr. DETOR. That’s correct. looked at me and they’ve said you can only me. Mr. TRAFICANT. Did they say you couldn’t tell the facts. you can’t stand before a judge Mr. TRAFICANT. But having known this and talk to me? and lie to him. You can’t do it. We know the having known now that there are others that Mr. DETOR. Yeah, well, nobody. What type of person you are. They said we also I could call, you should sue them; believe they’ve done is violated my Constitutional know the type of person you are; if you me, Richard. rights. I’ve gone to Plato and asked Plato to thought there was anything unethical or Mr. DETOR. We’re going up to talk to pub- go up to the public ethics group to bring this anything wrong, you would have had nothing lic ethics to talk to everybody we can be- to their attention. to do with it. I said there was not even a cause it’s out of control. Mr. TRAFICANT. Did he? question of anything wrong or any improper Mr. TRAFICANT. You should also write a Mr. DETOR. He’s doing it now. He’s in the actions at any time in my mind in any way, letter to the U.S. Attorney General. process of doing it. shape or form, nor did I ever hear anybody Mr. DETOR. [Unintelligible.] Mr. TRAFICANT. Let me ask you this; if you ask for anything in any way, shape or form Mr. TRAFICANT. You should also write a would do this, if you would file a lawsuit for anything. letter to the U.S. Attorney General about against them—I can’t advise you—I’m not an Mr. TRAFICANT. And you were there at ev- what they’re doing because this speaks to attorney; but here’s what happened with an- erything we did, weren’t you? what they’ve done with everybody in this other guy who comes out, and I’m having Mr. DETOR. Well, everything I know of. case. You’ve got people lying. They either lunch with the guy—I think I gold you this, Mr. TRAFICANT. Yeah, I never met with have something to gain or something to lose, Richard—he comes out and he was in a Ro- Cafaro; and when I did, you know, this busi- and they’ve made mountains out of tary meeting. He sat down and said, Jim, I ness about him giving money, he was such a molehills. They’ve made half truths into love you; I apologize for what’s happening. I damned liar; he lied to everybody; but to felonies. They’ve made loans into kickbacks, said, well, tell the truth. What did you tell save his ass, he would lie and say anything, and I’ve had it. the Grand Jury? He said, I told the Grand wouldn’t he? Mr. DETOR. Yep. Jury the truth; that we really didn’t do any- Mr. DETOR. Well, when they asked me, I Mr. TRAFICANT. And you know I wouldn’t thing wrong. said I’m not even aware of him getting any accept any money. You personally know Mr. DETOR. All right. You need—— money from the boat at all. I said I thought that? Mr. TRAFICANT. But the bottom line was Al sunk the boat, ruined it and he’s stuck Mr. DETOR. No. my attorney told me that if I didn’t tell with it with no value on it now. Mr. TRAFICANT. I mean, J.J. wanted to give them what they wanted to hear in the words Mr. TRAFICANT. That’s exactly what he did. me money over that car deal; remember that they wanted it said, they were going to in- Mr. DETOR. I said the boat was profes- 6,000? And I wouldn’t take no money from dict me. My attorney said you don’t need sionally appraised. It had a value. I said he J.J., and I told him I wouldn’t; remember? this shit. He was a businessman; you under- was buying it for less than that value. I said Mr. DETOR. And I guess the stuff that Al stand? he ruined it. He damaged it and just walked Lang handled it in that corner of it, I don’t Mr. DETOR. My attorney told me the same from the deal. I said, I’m not aware of dollar really have any knowledge of. They jumped thing. Do you want to spend $200,000 defend- one that went to anybody other than the all over me trying to ask about the $12,000. I ing yourself, or is this person susceptible? money that he spent on doing the repairs and said this is ridiculous. I’ve got witnesses of And I said I cannot lie. I cannot place myself then decided to go ahead and he was out of where I returned it to [unintelligible]. in any situation that I heard anybody ask or it. I said if there had been any kind of a fee Mr. TRAFICANT. Yeah, I know that; but I request for papers or anything. And the at- for favors or anything else, somebody would mean, you do know that after that car we torney reviewed it; he looked at it and he have bought it; it would have been all the thought was only going to be 1,000 that I said the meals, they’re all below $6; there’s way; it would have been a done deal. They rented to go to Louisiana which turned out not even ethics violations. There’s nothing wouldn’t have spent a year—— to be 6,000, that J.J. wanted to give me wrong with it. Mr. TRAFICANT. I would have taken the money and I would not accept it. You knew Mr. TRAFICANT. I paid for some of those $26,000 check from J.J., wouldn’t I? that? meals. Mr. DETOR. Yep. Mr. DETOR. Well, I knew you wouldn’t ac- Mr. DETOR. That’s what he said. Mr. TRAFICANT. God damned right; he was cept anything. Mr. TRAFICANT. It showed, didn’t I? I paid so happy; but that’s the bottom line, what Mr. TRAFICANT. Yeah, I told you to tell for a lot of meals. they have on J.J. is he perjured himself with them I don’t want their money. Mr. DETOR. Yes, and even the purchase of the Chance gate, and you’ve got that impres- Mr. DETOR. Yeah, you wouldn’t accept any- the boat. The boat, there is no issue; there is sion when he was going through that period thing on anything. All you wanted J.J. is to no problem. of time, didn’t you? do what he agreed to do. Mr. TRAFICANT. I’ll call the ethics com- Mr. DETOR. I was told that. Mr. TRAFICANT. And that was to do what? mittee about it. And you remember when Mr. TRAFICANT. Who told you? Mr. DETOR. To purchase the vehicle. J.J. was so happy he wanted to buy the boat, Mr. DETOR. Came through an attorney. Mr. TRAFICANT. He wanted to purchase the and I said J.J. you don’t need this boat; but Mr. TRAFICANT. Do you remember the vehicle. You have those papers, don’t you? Al does want this boat, and I don’t want your name of the attorney? Mr. DETOR. Yes. money; do you remember? Mr. DETOR. It was one of the attorneys— Mr. TRAFICANT. I want a copy sent to me of Mr. DETOR. Yes. oh, you know who it was? The attorney’s those; and second of all, the only thing I Mr. TRAFICANT. How about contract; did name was J. [unintelligible], and he was ad- wanted from J.J. was he would move not you ever get the contract on that boat? I vised of that by Al Lang. only the company but the headquarters up to never got it. Mr. TRAFICANT. I see. And evidently Al Youngstown. Mr. DETOR. Yep, I got it. Lang had known that J.J. had perjured him- Mr. DETOR. Correct. Mr. TRAFICANT. Could you send me a copy self? Mr. TRAFICANT. That’s about where it is. of it? Mr. DETOR. Yeah. So anyway, I’m going to have this hearing Mr. DETOR. Yes, I’ll do it through the at- Mr. TRAFICANT. While the guy sits in jail, and, Richard, I’m going to be calling you. torney. Chance had told his son and his son had told Give me your address. I don’t have your ad- Mr. TRAFICANT. Do that and do that fast. me that the attorneys had set him up to get dress. Here’s what I’m telling you. You let your at- J.J. to lie. He didn’t know until after he saw Mr. DETOR. You know what, it’s through torney know that I’m going to move for a my national TV show and talk show that, in Plato Cacberis because they said they would hearing for Morford, on Morford, that he has fact, that Leonardo [phonetic spelling], his arrest me instantly if I talked to anybody. If done this now; and if you come up and tes- attorney, was working with the Feds and you hear an attorney so I understand that tify to that, this son of a bitch may go to jail they set Chance up. Chance said he never got you’re representing yourself so I can—— because what they’re doing, this Gestapo the $13,000 from Strollo; but his attorney is Mr. TRAFICANT. you can refer me to your shit. the one that convinced him he had to find attorney. Mr. DETOR. It is. And I never thought it somebody that was a legitimate rich busi- Mr. DETOR. The best thing to do is to han- could exist, and I would never have been able nessman and recommended Cafaro. Could dle the rest of it right through Plato. He’ll to be convinced. I would never have believed you imagine that? deal with it. We are going to public ethics. it in a million years. But it’s exactly what Mr. DETOR. Unbelievable. We’re going to everybody. I’ve had threats

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on me. They called my little girl, the nine- Mr. TRAFICANT. You basically told them I’m not aware or ever heard anybody say year old, little Kaitlyn. that I did nothing illegal? anything about it. And they said J.J. Cafaro Mr. TRAFICANT. Who called her? Mr. DETOR. Pardon me? gave him money out in Youngstown person- Mr. DETOR. I don’t know, but they told her Mr. TRAFICANT. You basically told them I ally and finally the FBI steps in and [unin- that I’m going to be dead. All kinds of did nothing illegal? telligible]. I had no knowledge of that. things. I have literally—— Mr. DETOR. I didn’t either. There’s nothing Mr. TRAFICANT. Oh, but you know that Mr. TRAFICANT. How do you know it was illegal. Cafaro was such a liar. You know that J.J. the Feds who did it? Mr. TRAFICANT. I know that. They would wasn’t giving me cash. If he was going to Mr. DETOR. I don’t know who did it, but all not accept it, would they, Richard? give me cash, he would have brought in I know is my life has gone to hell; and when Mr. DETOR. Oh, no. Absolutely no. $26,000 to buy a boat, wouldn’t he? I brought it to their attention when they Mr. TRAFICANT. Well, I’m telling you, I Mr. DETOR. If J.J. Cafaro wanted to go do interviewed me, they laughed about it and can’t advise you but I would get your attor- something in a way, he would have just gone blow it off. ney to file a lawsuit immediately knowing and done it. There’s no doubt in my mind. Mr. TRAFICANT. Even the threats to your know—have your attorney call me—and J.J.’s proven to be a liar through and daughter? knowing now that I’m moving to have him through. He induced my family to move Mr. DETOR. Yes. That’s my daughter. If I called as a witness in this trial, Morford; and down here. He fraudulently did it. Damn it, answer, nobody talks. If she answers, they she’s going to call a hearing on it to see my family was able to hang on to the house talk to her, and they tell her that daddy’s whether or not I can call her; and I will call by my wife’s working, by me working. You going to be dead. Daddy’s bad; all kinds of you as a witness to show his prosecutorial know, I’ve got security plans. In my entire things. It’s devastating her. It’s making her behavior. This is illegal. life I have never done one thing wrong in any a nervous wreck. Mr. DETOR. This is illegal. way, shape or form. I respect the govern- Mr. TRAFICANT. And you suspect it’s the Mr. TRAFICANT. They were extorting you. ment; I respect the government offices. I re- government? Mr. DETOR. Yes, they were. spected the Congressional bodies, the execu- Mr. DETOR. I don’t know who it is. Mr. TRAFICANT. And if they’ve done this to tive bodies, everybody. I’ve worked for bene- Mr. TRAFICANT. You wouldn’t suspect it to you, what do you think they’ve done to oth- fits for this government to a degree; and to be Al Lang doing that, would you? ers? hear this and— Mr. DETOR. No, I can’t figure out what beef Mr. DETOR. I mean, the thing that I told Mr. TRAFICANT. And to be threatened that he has. them, I said, I can’t speak for the individual if you don’t lie, you’re going to go to jail, Mr. TRAFICANT. And what would Cafaro in any way other than when I was with him; that doesn’t sound American, does it? have from doing that? and I find this unbelievable to think any- Mr. DETOR. It’s not. It absolutely is— Mr. DETOR. The thing is when they tried to thing to the contrary. I said I find it unbe- Mr. TRAFICANT. And that’s the bottom line, tell me Al Lang’s saying things, who the hell lievable that any staff member could be isn’t it, Richard? is [unintelligible] buying all those God doing anything to the contrary because they Mr. DETOR. Yep. damned boats for it. I never heard anything are so, they seem so sound and straight and Mr. TRAFICANT. Okay. Well, listen. If you to the contrary in my entire life. narrow with things being done right and file that suit, that suit should also be filed Mr. TRAFICANT. Yeah. things being done properly. I said, I don’t see against Cafaro when you do it, or do you Mr. DETOR. Has he lost his mind? it any other way. I said I’m sorry; I just have one filed against him? Mr. TRAFICANT. Yeah, and I think it’s very don’t see anything. Mr. DETOR. I’ve got one filed against him important and I want you to talk to your at- Mr. TRAFICANT. Yeah, but the bottom line now. And the other thing that I was re- torney. If you could send me all those docu- is Morford let you know in no uncertain quested to do was drop my charges against ments that I’ve asked for, and tell him what terms if you lied, your problems would all go Cafaro or settle it because they did not want we’ve talked about and that he should go away; and if you didn’t, boy, you were going me in court with Cafaro before this case. ahead and sue the bastards because I’m going to end up in jail? Mr. TRAFICANT. You know why? They know to have them into court; and that would be Mr. DETOR. Yes. that J.J. is a liar. J.J. called them a liar on a hell of a thing with you suing them and me Mr. TRAFICANT. That’s the bottom line. the stand in the Chance trial, and this is why having them into court for their behavior Mr. DETOR. Yes. they’re worried about it. This is why they with another guy. He can deny all he wants, Mr. TRAFICANT. All right. Well, listen, you got to have somebody. They know what this other guy. I have a witness that heard have your attorney get in touch with me; they’re doing and it’s completely illegal. this other guy say those things. and I’m recommending to you that you con- They’re forcing you not to, in fact, make Mr. DETOR. Have you talked to any of the sider filing a lawsuit against him because yourself whole over an illegal act by Cafaro. Congressional ethics groups or anything on I’m going to have a hearing on Morford’s be- He broke the law in Virginia. any of this stuff? havior. Mr. DETOR. Yeah, what they have is—well, Mr. TRAFICANT. I can’t because it’s a crimi- Mr. DETOR. I think, to tell you the truth, I’ve got him [unintelligible] he was writing nal thing, and I’m just going to go through that the whole thing needs to be thrown out. all these bad checks, and I had even gone to the courts; and they’ve got a couple people Mr. TRAFICANT. Well, this may lead to the Commonwealth attorney to make sure that are really lying through their teeth. that, your participation. that nobody had given their [unintelligible]. I’ve been targeted, I told you that, for all Mr. DETOR. It’s out of control. Mr. TRAFICANT. Yeah, and here they are these years. You know that. You could tell Mr. TRAFICANT. They’re either going to trying to protect Cafaro because Cafaro to by the way they’re treating you. screw you, me, or they’re going to get away save his own ass from perjury is lying about Mr. DETOR. Right. with it or they’re going to get their ass in a me. Mr. TRAFICANT. But Morford was the one sling; and maybe it’s their ass in a sling and Mr. DETOR. What kind of witness does that did the threatening? everybody’s afraid to go after them. And I’m Cafaro really make when the reality comes Mr. DETOR. Yeah. one of the few in America, Richard. out that the guy’s lying— Mr. TRAFICANT. And he wanted you, in es- Mr. DETOR. Yeah, I know. Mr. TRAFICANT. Well, he’s going to have Al sence, to lie? Mr. TRAFICANT. And I’m afraid to death. Lang to make him look like he’s telling the Mr. DETOR. That’s what came out because I’m not talking big. I’m afraid to death, but truth, but they can’t handle the fact that it could not be understood any other way; I’m going after these bastards. This is not you are so upright and upstanding a man of and then when they didn’t like what I was what America’s supposed to be. We shouldn’t integrity, and it’s going to blow their case; saying, they said, well, we didn’t want to say have to fear our God damned Gestapo gov- do you understand? this and we didn’t want to shake you up, but ernment. Mr. DETOR. Yeah, they tried to tear me the IRS has a lot of interest. We’ve subpoe- Mr. DETOR. Well, they referred to me as apart, IRS. They tried then saying that I naed all your records in the blind, which I collateral damage; and if I wasn’t smart committed fraud in order to obtain my find is unconstitutional and illegal [unintel- enough to get out of the way and decide house, which is nonsense because the bank ligible]; but they tell me they’ve subpoenaed whether I was wearing a Union shirt or Con- told them I qualified for the house before I all my records in the blind and that the IRS federate pants—that’s what he said to me even moved. I was all prequalified. They wants to launch an audit against me imme- quote-unquote, you’re wearing Union pants tried to tell me that I was trying to support diately and that there were significant issues and confederate shirt or something of that my wife’s lavish lifestyle. They had no idea there; and they told me that I was going to nature. They’re shooting at you from both that my wife has worked 20 years, worked be arrested and taken out of my office; that sides. You better make sure you know which her way through college and that her family I would be taken to Cleveland to be ar- side you’re going to be on, but you better be is very financially well off; and we have raigned. I’d have to post a bond, and then I’d on the winning side because you’re in a lot of never sought money from anybody. And have to spend a significant amount of money trouble. I said to them, I’m sorry; I don’t see when I moved from New Jersey, I was care- defending myself. what I’m in trouble for. I didn’t see anything fully, carefully debt free and had no obliga- I keep going over these issues and issues happen. I wasn’t aware of anything. I didn’t tions to anybody; and the thing about having and issues, and none of these make any see one transaction of anything that you’re to commit fraud with a bank in order to ob- sense. I don’t even know where there’s any- alleging. And then they said, well, he took tain a mortgage is pure nonsense. That’s thing even done wrong; and they said—well, $40,000 on his boat. I said that’s nonsense. where they’ve gone. They’ve gone after me in they go on and on and on. That is absolute, 100 percent nonsense. I said every way, shape or form.

VerDate 112000 05:28 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A06NO8.030 pfrm01 PsN: E06PT1 E2014 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2001 Mr. TRAFICANT. And Cafaro lied to you REPORTER’S CERTIFICATE Chamizal National Memorial Gallery; and the from day one, didn’t he? I hereby certify that the above and fore- El Paso Civic Center. Mr. DETOR. Yes, he did. going is a true and correct transcription of Mr. Speaker, I applaud the work and legacy Mr. TRAFICANT. And everything he said was the tape-recorded conversation represented a lie? of Mr. Ernesto Pedregon Martinez. He has to be recorded on August 1, 2001. This record made El Paso very proud. Mr. DETOR. And I have numerous other was prepared from a tape recording provided witnesses where he lied to them. He lied by Congressman James A. Traficant, Jr. f about their employment. LISA C. NAGY-BAKER, Mr. TRAFICANT. Who were some of those HALLOWEEN CELEBRATED BY OUR Registered Diplomate Reporter Notary Public. witnesses? SAILORS Mr. DETOR. You got Lonnie Sikowski, 30 f years at the FAA. You got Walt Allison, HON. IKE SKELTON former CIA, top level clearances. You have RECOGNIZING EL PASO ARTIST OF MISSOURI Amanda Simon. You’ve got a guy named Jim ERNESTO PEDREGON MARTINEZ Phillips who sold the airplane to Cafaros, IN THE HOUSE OF REPRESENTATIVES and then they try to say they’re not respon- HON. SILVESTRE REYES Tuesday, November 6, 2001 sible when I was right there in a meeting OF TEXAS Mr. SKELTON. Mr. Speaker, it has come to where they said it was Cafaro Company’s. See, they’re using it against me saying that IN THE HOUSE OF REPRESENTATIVES my attention that Halloween was recently cele- they’re not Cafaro Company. [Names are Tuesday, November 6, 2001 brated by sailors aboard the USS Theodore phonetic spellings.] Roosevelt. The crew celebrated with a door- Mr. TRAFICANT. Have your attorney send Mr. REYES. Mr. Speaker, I rise today to decorating contest, improvised jack-o’-lanterns me a list of those names, too. Listen, I’m recognize an artist from my district. Ernesto and the ship’s mascot donning a ghost cos- going to let you go, but keep in mind I’m Pedregon Martinez is a renowned international tume. going to be calling you because I’m taking self-taught artist and muralist. He was an illus- The festivities included a three-foot man- this son of a bitch to a hearing. trator and artist for the federal government for made jack-o’-lantern made by the ship’s air- Mr. DETOR. Like I said, I can only tell the more than 35 years. He also served as a pro- frame department in their free time. The door- truth. I fear of my children’s lives. I’m fessor of Mexican-American art at El Paso scared to death. decorating contest produced a picture of Drac- Mr. TRAFICANT. You’re going to be subpoe- Community College for nine years. ula in a cemetery, with one of the gravestones naed by me. Mr. Martinez was born and raised in the for Osama bin Laden. The ship’s mascot, a Mr. DETOR. Do it through the attorney. poor barrios of South El Paso. The focus of moose, put on a ghost costume and trick-or- Mr. TRAFICANT. I will. his work reflects his understanding and first- treated up and down the carrier’s passage Mr. DETOR. The threats and intimidation; hand knowledge of the daily struggles of the ways. I’m willing to go to the media. I’m willing to Mexican people. Mr. Martinez is considered Activities like these keep spirits high and go anyplace, you know. one the nation’s leading Mexican-American Mr. TRAFICANT. File you lawsuit and go the create a break from daily activities for our sail- media and say in their zeal to get Traficant, artists. In addition, Ernesto Martinez has been ors during a difficult time. I know the Members they wanted me to lie. That’s the bottom a frequent guest speaker at many civic, reli- of the House will join me in paying tribute to line; and they pressured me to lie and made gious, and military functions. This includes an America’s men and women in uniform who it known very clearly from what you told me appearance in Mexico City on the international nobly serve aboard the USS Theodore Roo- that if I lie, all my problems would go way. program ‘‘Siempre en Domingo’’ with Raul sevelt and around the world. Mr. DETOR. I didn’t lie. They wanted me to. Velasco. f I refused. I just said I keep calm. I’ve dis- Ernesto Martinez served our country in the cussed it with my wife. I discussed it with military. He served in World War II with Gen- RECOGNIZING ACHIEVEMENTS OF other associates. They said that I was [unin- THE FIRST UNITED METHODIST telligible] with the IRS. I basically couldn’t eral Terry Allen’s famed 104th ‘‘Timberwolf’’ Division in Europe. He was awarded the CHURCH OF ANSONIA, CON- even speak, and my family members sat NECTICUT there with me, and they said, Rick, we know Bronze Star in combat, Combat Infantry you; you won’t lie; you don’t lie; don’t lie. Badge, and Battle Stars. In addition, Mr. Mar- Don’t be coerced into lying. I said they’re tinez has been active in the community of El HON. JAMES H. MALONEY telling me they’re going to ruin my life if I Paso by serving as the Commander of the OF CONNECTICUT don’t. Veterans of Foreign Wars Post Number 9173 IN THE HOUSE OF REPRESENTATIVES I basically am at a breaking point. I’m mentally running, I mean to tell you the and the Vice-Commander of American Legion Tuesday, November 6, 2001 truth, I’m ready to just go ahead and blow Number 36. He has also worked with the Dis- Mr. MALONEY of Connecticut. Mr. Speaker, my head off. It is so bad, if it wasn’t for my abled American Veterans, the Lions Club, the I take this opportunity to recognize the 150th kids and the strain it would have on my Boy Scouts of America, the Knights of Colum- anniversary of the First United Methodist kids, I’d be gone. bus, LULAC, and many other organizations. Church of Ansonia, CT. Mr. TRAFICANT. Richard, why don’t you go Mr. Martinez has most notably been recog- Since its first meeting in 1848 at the home public. Talk to your attorney; go public, file nized for his artistic abilities. He was selected of James Booth, the Methodist Episcopal Soci- the lawsuit when you do, and I’m calling for as the ‘‘Texas State Artist’’ in two-dimensional a hearing on his conduct, on Morford’s con- ety of Ansonia has been an invaluable mem- duct. Listen to me carefully and you won’t works of art in 1997–1998 by the Senate of ber of the community. In 1851, the Ansonia have any more problems because the truth the State of Texas. In 1998, he was featured Methodist Society was formed and began sets us free. in ‘‘The Voice of America,’’ a U.S. Government meeting in the second story hall of a building Mr. DETOR. Yes, it does. overseas television program and has been on the corner of Main and Bartlett Streets. Mr. TRAFICANT. I’ll get back to you. featured in numerous books. He was also rec- This hall became the first house of worship for Thanks, big guy. All right. Have your attor- ognized in ‘‘Who’s Who in American Art,’’ in the Ansonia Society. As membership ex- ney call me. Is he involved with any law firm the years 1976, 1993, 1994 and was honored or is that his firm? panded and the society outgrew its meeting Mr. DETOR. Plato Cacberis is Monica by the El Paso City Council for outstanding hall, they began looking for a new house of Lewinsky’s attorney. contributions to Mexican-American culture in worship. A new church was built on Main Mr. TRAFICANT. He was. 1977. Street, and the first worship service took place Mr. DETOR. Yes. Mr. Martinez’s work has been commissioned there on April 22, 1865. A fire damaged the Mr. TRAFICANT. How do I reach him, is his as murals in many locations in El Paso includ- church in April of 1887. Through the dedica- phone number in the phone book? ing works such as ‘‘Pre-Colombian Mexico,’’ Mr. DETOR. Yes, that phone number I just tion of the parishioners, and with the help of gave you. exhibited at Bowie High School; the ‘‘Congres- a local Baptist Church, the building was re- Mr. TRAFICANT. Very good. sional Medal of Honor,’’ at the Veteran’s Clin- opened in August of 1887. Mr. DETOR. All right. ic; and ‘‘Desert Storm,’’ which is a military Tragically, in December 1943, another fire Mr. TRAFICANT. Thanks, guy. Have him mural commissioned by the Junior League destroyed the Main Street Methodist Church. send me the documents. Bye now. and located at Stout Gym on Ft. Bliss. In addi- In the true spirit of America, the Trinity Meth- Mr. DETOR. Bye. tion, Mr. Martinez’s work has been exhibited at odist Church opened its doors, minds, and Mr. TRAFICANT. That was Richard Detor. This is Wednesday, August 1, 2001, and it’s the Centennial Museum and Glass Gallery at hearts to the membership of the Main Street approximately 1:18 p.m. This conversation UTEP; the Corbett Gallery at New Mexico Methodist Church and in 1944 the two church- involved the behavior of the government, the State University; the University of Colorado at es merged. Combining resources, a new sanc- FBI, the U.S. Attorneys and their extortion. Boulder; the El Paso Public Library; the tuary was planned and the first worship was

VerDate 112000 05:28 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.032 pfrm01 PsN: E06PT1 November 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2015 observed on June 24, 1951. On November 5, Mr. Hart began his career teaching high ments of Marilyn and bring to the attention of 1951, Bishop G. Bromely Oxnam formally school in El Paso in 1966. He steadily moved Congress this successful educator as she fin- dedicated the newly completed building. up the public school ranks and in 1997, he be- ishes her term as President of CSBA. As the Trinity Methodist Church opened its came superintendent of Canutillo ISD. During f doors to the Main Street Methodist Church, so his four year tenure, Mr. Hart, along with the has the First United Methodist Church of An- Board of Trustees, has been instrumental in RECOGNIZING THE PATRIOTISM OF sonia opened its doors to the community. moving Canutillo ISD forward into a leadership ROARING BROOK ELEMENTARY Hosting the Ansonia 2001 Education and role in public education. Canutillo ISD has im- SCHOOL’S 3RD GRADE CLASS School project meetings, making itself avail- plemented instructional programs and policies able to many community groups and organiza- in student services, special education, special HON. NANCY L. JOHNSON tions who need meeting space, serving as the programs, technology and career education OF CONNECTICUT site for the Ansonia High School Bacca- that have helped students succeed academi- IN THE HOUSE OF REPRESENTATIVES laureate worship, and offering itself as a place cally and socially. Tuesday, November 6, 2001 of prayer and hope when many churches The selection committee noted Mr. Hart’s Mrs. JOHNSON of Connecticut. Mr. Speak- came together the day following the tragic ability to change the district’s perception, er, I rise today to share the accomplishments events ofSeptember 11, 2001. bringing the community together in support of of students in my district who have shown true At this troubling time in our Nation’s history its schools. Also cited by the committee were patriotism in the wake of the September 11, many Americans turn to their church as a the success of the innovative parental involve- 2001, attacks. In recognition of their achieve- foundation of support. For 150 years the First ment Mother/Daughter and Father/Son pro- ments, I would like to read their letter to you United Methodist Church of Ansonia has been grams and the steadily improving student and the American people: providing its community with that support. As achievement and fiscal stability of the district. you can see, the First United Methodist Since the events of September 11, 2001, it Canutillo ISD has been at the forefront in a has been a time for patriotism. In Avon, Con- Church is a sterling example of what America variety of innovative programs including Two- necticut, a third grade class (7 and 8 year stands for—unity, diversity, and commitment Way Dual Language, Reading Renaissance, olds) of Roaring Brook Elementary School, to community. Mr. Speaker, I am honored to Service Learning, Migrant Academics 2000, has tried to be better patriots. They have represent the membership of the First United Agricultural and Health Sciences, and many learned state capitals. They have talked Methodist Church and wish them another 150 more. about the nation’s history and what it means years of successful community service. Mr. Hart currently serves on the boards of to be an American. They have made red, white and blue pins for their mothers and f the Texas Fast Growth Coalition, the South- western International Livestock Show and made a quilt of flag pictures. TRIBUTE TO SCOTT C. SCHWARTZ, They have also found that being a patriot Rodeo, and the El Paso Teachers Credit D.D.S. is something like Thanksgiving—everywhere Union. In addition, he is a member of the Re- they look they see things that are special gion 19 Administrators Council, the El Paso about America, and worth being thankful HON. STEVE ISRAEL Jaycees, the Golden Boot Club, and the Boys for. So, if you do not want to fly the flag, OF NEW YORK Baseball of El Paso, among others. make pins or recite state capitals, the 3rd IN THE HOUSE OF REPRESENTATIVES The students, faculty and Board of Trustees graders of Roaring Brook Elementary School Tuesday, November 6, 2001 are all fortunate to have such a hardworking suggest that you can be a patriot in some and dedicated individual at the head of their much simpler ways. They invite you to join Mr. ISRAEL. Mr. Speaker, I rise today to them in thinking about some of the special recognize the generosity and kindness of one school district. I have known first hand of the things in America, and why those are worth of my constituents, Scott C. Schwartz, DDS. tremendous work he has done throughout the some kind of special effort in this special Scott is an orthodontist in Deer Park, LI, years and I would like to again, extend my time. congratulations to my good friend, Mr. Charles who has brought much happiness—and beau- f tiful smiles—to thousands of children and Hart of the Canutillo Independent School Dis- adults in Long Island. He now would like to trict for his well deserved recognition as the PERSONAL EXPLANATION continue to bring that happiness and those 2001 Texas Superintendent of the Year. smiles by offering his services to all of the f HON. BOB RILEY children of Suffolk County who lost a parent in HONORING MARILYN BUCHI OF OF ALABAMA the World Trade, free of charge. FULLERTON, CALIFORNIA IN THE HOUSE OF REPRESENTATIVES It is so very heart-warming to see a person Tuesday, November 6, 2001 helping to get America to smile again. I ap- plaud and thank Scott for his kind and heart- HON. EDWARD R. ROYCE Mr. RILEY. Mr. Speaker, I was unavoidably felt actions. I ask my colleagues to do the OF CALIFORNIA detained for Rollcall No. 425, H.R. 3150, The same. IN THE HOUSE OF REPRESENTATIVES Secure Transportation for America Act of 2001 Had I been present I would have voted ‘‘yea’’. f Tuesday, November 6, 2001 Mr. Speaker, I am extremely pleased that RECOGNIZING MR. CHARLES HART Mr. ROYCE. Mr. Speaker, I rise to honor the amendment I offered, which would allow FOR BEING NAMED 2001 TEXAS Marilyn Buchi, a constituent of mine from Ful- sky marshals to fly home on their days off at SUPERINTENDENT OF THE YEAR lerton, California. As the outgoing President no cost to themselves, was considered as part for the California School Boards Association of the manager’s amendment to H.R. 3150. HON. SILVESTRE REYES (CSBA) for 2001, I wanted to recognize While this amendment is a simple change, it OF TEXAS Marilyn for her continuous efforts on behalf of could provide up to 20 percent additional law children and education throughout the local IN THE HOUSE OF REPRESENTATIVES enforcement on flights and provide com- community and the State of California. plimentary seats to the sky marshals that wish Tuesday, November 6, 2001 Her involvement has benefited a variety of to return home on their days off. Mr. REYES. Mr. Speaker, I rise today to organizations, including the American Associa- Frankly, I believe this provision is a winner recognize a good friend and important mem- tion of University Women, League of Women for everyone. For the airlines, it provides an ber of the El Paso community. Voters, National Assistance League and added measure of security on flights, for the The Texas Association of School Board’s American Heart Association. She was named sky marshals, it enables them to be home with Superintendent of the Year is a person chosen the 1998 Woman of the Year by the Fullerton their families during their time off, for the gov- for dedication to improving educational quality, Chamber of Commerce. Marilyn has served ernment, it is cost effective in terms of pro- board-superintendent relations, student on the Fullerton high school board since 1983 viding additional flight security at no additional achievement, and commitment to public sup- and has been on the board of the North Or- cost to the government, and for the public it is port and involvement in education. This year’s ange County Regional Occupational Program. an additional layer of security to ensure our recipient truly epitomizes every one of these She has been active in the CSBA for more airways are safe. qualities. Mr. Charles Hart of the Canutillo than a decade. Finally, in a very small way, it expresses our Independent School District (ISD) has deserv- Her leadership benefits our community and gratitude towards the individuals who risk their ingly been named the 2001 Texas Super- she serves as a role model for our youth. It is lives everyday to ensure our safety while trav- intendent of the Year. with great pride that I recognize the achieve- eling on airplanes.

VerDate 112000 05:28 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A06NO8.036 pfrm01 PsN: E06PT1 E2016 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2001 AMERICA’S CAREGIVERS— SECURE TRANSPORTATION FOR Singleton’s contributions to his community in- EVERYDAY HEROES AMERICA ACT OF 2001 clude his work as a teacher, pastor, and com- munity leader. Many honors have been be- SPEECH OF stowed upon Rev. Singleton for his leadership HON. ADAM H. PUTNAM HON. BOB ETHERIDGE by various churches, community service orga- OF NORTH CAROLINA nizations, and individuals. OF FLORIDA ‘‘H.H.,’’ as I affectionately call him attended IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Allen University in Columbia, SC, and its J.J. Thursday, November 1, 2001 Starks School of Theology. He also attended Tuesday, November 6, 2001 The House in Committee of the South Carolina State University in Orange- Mr. PUTNAM. Mr. Speaker, in the 2 months Whole House on the State of the Union burg, SC, and the University of South Carolina since September 11, Americans have discov- had under consideration the bill (H.R. in Columbia. Before becoming the first black male to ered that the age of heroes is not past. We 3150) to improve aviation security, and teach at Myrtle Beach (South Carolina) High have rediscovered that heroes do not live in for other purposes: Mr. ETHERIDGE. Mr. Chairman, I rise in School, Rev. Singleton was employed as a movies or on the pages of novels, but in the support of the Democratic alternative to fed- Science teacher at four other schools in South everyday reality of our military units, our police eralize our airport security. September 11, Carolina. In 1994, after 30 years of teaching, stations, fire departments, and post offices. 2001 will forever be remembered as a day Rev. Singleton retired from the teaching pro- And we have discovered that, unlike our en- that evil visited our great nation as never be- fession. emies, American heroes make their sacrifices fore. Four hijacked airliners were transformed In 1997, ‘‘H.H.’’ retired as pastor of Cherry in the cause of life, not death. into missiles, slamming into the Pentagon and Hill Baptist Church in Conway, SC and was It is only right, then, that during this season the World Trade Center. These attacks named Pastor Emeritus of the church. During of thanksgiving, when history demands that caused enormous and previously unthinkable his long tenure as Pastor of Cherry Hill, he we give particular thanks for the many bless- loss of life. was often called upon to provide leadership to ings that have been bestowed on us as indi- The Senate has approved the Aviation Se- various community causes many of which were far beyond the call of duty. viduals and as a Nation, we give special rec- curity Act by a unanimous vote of 100–0. This bill calls for a federal force of 28,000 pas- Rev. Singleton has served as Chairman of ognition to another group of everyday heroes; the Education Committee of the NAACP, 2nd America’s caregivers. senger and baggage screeners and armed se- curity guards at key checkpoints throughout Vice President, 1st Vice President, and mem- The generous support provided by care- airports. The bipartisan Senate plan includes ber of the Executive Board of the South Caro- givers to those who need help if they are to many measures the President supports, in- lina Conference of NAACP Branches. As remain in their homes and communities is a cluding more plainclothes sky marshals on President of the Conway Chapter of the reflection of American family and community commercial flights and strengthened cockpit NAACP, Rev. Singleton is called upon for con- life at its best. Thanks to the efforts of these doors. The Aviation Security Act, as passed sultation on issues involving race, gender, everyday heroes, Americans with disabilities by the Senate, represents precisely the kind of housing, and age discrimination. He has as- and a growing number of elderly Americans action Congress should take to respond to the sisted numerous individuals with obtaining are able to stay in familiar surroundings and to September 11 attacks. educational and job opportunities in areas they maintain their dignity and independence. Care- Mr. Chairman, the primary responsibility of were previously denied. He has encouraged givers share not only their time, but also their the federal government is to ensure the safety many black community leaders to pursue posi- resources, spending some $2 billion a month and security of the American people. Our re- tions on city and county councils, the county school board, and the South Carolina General of their own assets for groceries, medicine, covery from the economic downturn is being Assembly. Other accomplishments of the and other aid. Surely, their extraordinary gen- hampered by the public’s fears about aviation security. Improving security at our nation’s air- Conway NAACP under Rev. Singleton’s lead- erosity and compassion fits our definition of ership include the introduction of the NAACP’s heroism. ports will have positive benefits on all aspects of our economy. When people see the level of Back to School/Stay In School Tutorial Pro- A care recipient is a person who may be ill, security at their local airport increase, they will gram, implementation of Single Member Dis- elderly, or disabled or otherwise needs assist- no longer be aftaid to return to the sky, and tricts for the election of Horry County School ance with the tasks associated with daily liv- our country can get back to normal. This Con- Board Members, and the negotiation of ing. A 1999 study prepared by the National Al- gress must act and act now to ensure the Fairshare Agreement Programs with Busi- liance for Caregivers reported that 23 percent safety of the flying public and get our econ- nesses creating more upper management and of American adults regard themselves as fam- omy growing again. We must show these evil- other job opportunities for African Americans. ily caregivers of individuals aged 50 and older. doers that their efforts to terrorize us will not In 1989, the Rev. Singleton advised black In addition, the report notes that one in five succeed. members of the Conway High School Football care recipients live in the caregiver’s home. I will vote in favor of H.R. 3150, the Secure Team who were protesting treatment of its Transportation for America Act, because I be- black quarterback. As a result of his action, he But the efforts of our caregivers are not lim- lieve that we must get this process moving, was fired from his teaching position. Seeking ited to caring for the elderly or disabled. The but the Senate-passed Aviation Security Act is redress of his firing, Rev. Singleton filed a law- challenges of 21st Century society have cre- the far superior bill. We must put politics aside suit against the school district and was re- ated a new category of caregiving in America. and put the interests of the American people stored to his teaching position by Court man- Many older relatives now take care of children first. I am hopeful the House and Senate will date in 1991. Rev. Singleton also successfully whose parents are not able to care for their come together in a bipartisan way to pass fought against the privatization of Horry Coun- children themselves. These generous seniors, sound airplane security legislation and send it ty’s Automobile Garage which would have re- who in many cases had already raised their to the President to be signed into law as soon sulted in the permanent dismissal of seven own children and were looking forward to re- as possible. employees. His challenging the Horry County Police Department’s hiring practices in 1993 tirement, have embraced the challenges of f parenting a new generation of young people. resulted in the promotion of several black offi- Their everyday heroism gives millions of our TRIBUTE TO REV. HARRY HENRY cers and the elimination of discriminatory em- most vulnerable youth the opportunity to grow SINGLETON II ployment screening tests. up in stable, loving homes, nurtured in Amer- Mr. Speaker, I ask you and my colleagues ica’s traditional values. HON. JAMES E. CLYBURN to join me today in honoring a personal friend, Rev. Harry Henry Singleton II for the incred- America’s caregivers—everyday heroes OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES ible services he has provided, and I might among us—deserve our lasting gratitude and add, continues to provide, to his congregation, respect. Today, it is my honor, and pleasure, Tuesday, November 6, 2001 and community. I sincerely thank Rev. Sin- to recognize the many contributions that Mr. CLYBURN. Mr. Speaker, I rise today to gleton for his outstanding contributions and America’s caregivers make to the quality of pay tribute to Rev. Harry Henry Singleton II, of commitment to pursuing justice and equality our national life. Thank you, and may God Conway, SC, who was recently honored by within his community, and congratulate him on bless America. the Conway Branch off the NAACP. Rev. receiving the Conway Chapter NAACP Tribute

VerDate 112000 05:28 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.044 pfrm01 PsN: E06PT1 November 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2017 award and wish him well in all of his future en- Even before the terrorist attacks, the enor- awarded with numerous community and volun- deavors. mous tax cuts scheduled over the next decade teer awards for his services, and the influence f had dealt a severe blow to the nation’s long- he had on our youth will continue for many term fiscal outlook. According to both the Of- years. REGARDING H.R. 3090, THE ECO- fice of Management and Budget and the Con- We are all saddened with the sudden loss NOMIC SECURITY AND RECOV- gressional Budget Office, during the next dec- of such a great man but can take solace that ERY ACT ade, the federal surplus will be limited to funds he will be serving us in a greater capacity. We earmarked for Social Security and Medicare. will miss our dear friend and we will continue HON. JAMES R. LANGEVIN The Administration’s tax cuts for the most af- to celebrate the legacy he gave to our com- OF RHODE ISLAND fluent households have already wiped out the munity. IN THE HOUSE OF REPRESENTATIVES remaining on-budget surplus. f Tuesday, November 6, 2001 We must ensure these surpluses are replen- ished so that we can honor our future obliga- ARIZONA’S SECOND CONGRES- Mr. LANGEVIN. Mr. Speaker, I rise to ex- SIONAL DISTRICT—HOME OF THE press my support for enacting a fair and rea- tions. We must also provide every dollar need- ed to win the war against terrorism and to en- 2001 WORLD CHAMPION ARIZONA sonable economic stimulus package, and to DIAMONDBACKS voice my strong opposition to H.R. 3090, the sure the security of Americans wherever they Economic Stimulus and Recovery Act. may be. But in addressing these new and ur- For the economy to get back on track, it gent priorities, we should remember the chal- HON. ED PASTOR needs insurance against a severe recession in lenges that we faced even before the tragic at- OF ARIZONA the short run and insurance against escalating tacks. Without compromising our vital commit- IN THE HOUSE OF REPRESENTATIVES deficits and debts in the long run. A stimulus ments, we need to ensure that any policy Tuesday, November 6, 2001 package consisting of temporary tax relief and changes address these new short-term chal- temporary increases in government spending lenges without worsening our continued long- Mr. PASTOR. Mr. Speaker, I rise today to can provide both. term concerns. congratulate and pay tribute to the World With the exception of the household tax re- For these reasons, I support the balanced, Champion Arizona Diamondbacks. The bate aimed at lower- and moderate-income fiscally responsible Democratic substitute that Diamondbacks dethroned the mighty New workers, this stimulus package does little to deals with our immediate economic concerns York Yankees in a thrilling Game 7 to claim help those that need it most. The majority of without damaging the nation’s fiscal health. It the 2001 World Series Championship in what the tax provisions contained in this package provides immediate relief to displaced workers many are calling the most exciting Series in are permanent, including a cut in the capital while stimulating the economy with temporary history. I am proud to say that I am a Dia- gains tax, a retroactive repeal of the corporate business and individual tax cuts. Unlike H.R. mondback fan, but also I am proud to say that Alternative Minimum Tax (AMT) and an exten- 3090, the substitute promotes long-term eco- their home, Bank One Ballpark, resides in the sion of benefits for multinational insurance and nomic stability and national security by making Second Congressional District of Arizona, of finance corporations. These permanent targeted investments in our nation’s infrastruc- which I have the honor of representing. changes will not stimulate the economy in the ture. Finally, the substitute pays for itself by The Diamondbacks are the youngest expan- short run and instead will put the Social Secu- delaying the top income tax rate cut approved sion team to win a Major League Baseball rity and Medicare trust funds at risk in the earlier this year, which benefits only our na- World Series Championship, accomplishing long-term. tion’s wealthiest individuals. this feat in only four years of existence. There Additionally, the acceleration of recently-en- I urge my colleagues to support the Demo- was a tremendous amount of dedication and acted tax cuts would only benefit the top 25 cratic substitute and to reject this reckless and work by a great number of individuals toward percent of all income tax filers, who are likely misguided economic stimulus package, which reaching this goal and all involved should to save more and spend less of these tax cuts will further jeopardize our future fiscal security, revel in this great accomplishment. And what than those with lower incomes. A more effec- while offering little assistance to those most is more important, these dedicated individuals tive stimulus package would combine the vulnerable in the current economic climate. came together to form a team—a champion- household rebate aimed at lower- and mod- f ship team. erate-income workers with a temporary incen- First, let me commend all the owners, espe- tive for business investment. TRIBUTE TO DR. FRANK BIASCO cially the Managing General Partner Jerry Congress has historically responded to se- Colangelo. For over 30 years, Jerry has not vere economic downturns by providing addi- HON. JEFF MILLER only been dedicated to building championship tional weeks of extended unemplovment bene- OF FLORIDA teams in Arizona but is highly regarded for his fits for workers. In fact, during the 1990–1991 IN THE HOUSE OF REPRESENTATIVES commitment to improving his community. recession, Congress extended unemployment The Diamondback front office must be rec- Tuesday, November 6, 2001 insurance (Ul) benefits nationally on four sepa- ognized as well. Rich Dozer, President of the rate occasions. H.R. 3090 blatantly disregards Mr. JEFF MILLER of Florida. Mr. Speaker, club has supported the efforts of everyone as- these past precedents by simply giving states I rise to take a moment today to recognize sociated with the Diamondbacks, and we a mere $9 billion worth of block grants that and celebrate the life of a great Floridian and would not be champions without him. may or may not be used to extend or increase a great American, Dr. Frank Biasco. I want to congratulate General Manager Joe unemployment benefits for laid-off workers. Dr. Biasco would say that his specialty was Garagiola, Jr. for his work in assembling this This measure also falls to provide laid-off human services. He was referring to his doc- championship team. His foresight in combining workers with adequate health care coverage. torate in counseling psychology and masters the unique talents of each player into a formi- The average monthly COBRA premium is in social work. Those who knew him best can dable contender, truly deserves recognition. unaffordable for most displaced workers, who tell you that he loved serving his neighbors. I want to pay tribute to the man who steered are barely making ends meet with their month- The people of northwest Florida and the stu- the Diamondbacks to the pinnacle of baseball ly Ul benefits. Although H.R. 3090 would (give dents he loved to teach were enlightened from and became the first manager since 1961 to states $3 billion in health care block grant his extensive experience in public life. Anyone win the championship in his first year, Man- funds, thousands of workers who have lost who came in contact with Dr. Biasco was in- ager Bob Brenly. His coaching staff, Bob Mel- their jobs since September 11th would still re- undated with his infectious energy, vigor and vin, Dwayne Murphy, Eddie Rodriguez, Glenn main uncovered. commitment to his community. His member- Sherlock, Chris Speier, and pitching coach Equally important to these short-term stim- ships in countless organizations and profes- Bob Welch, were all instrumental in the suc- ulus policies is insurance against escalating sional groups, and the influence and legacy to cess experienced all year. debt. We need a multiyear budget plan that our community will be felt for years to come. My granddaughter’s favorite Diamondback, covers the real costs of both the war on ter- Dr. Biasco’s leadership spanned his life. He the mascot D. Baxter the Bobcat, who keeps rorism and the country’s commitments to cur- was on active duty in both WWII and the Ko- us all laughing, even when things might not be rent and future retirees. Unfortunately, if this rean war and his vast influence in local politics going our way. measure is adopted, its permanent toll on gov- changed the landscape of the First Congres- All these people have played an important ernment revenues will require even more pain- sional District of Florida forever. He will always role in bringing Arizona its first professional ful trade-offs among the nation’s priorities in be remembered for his tireless fight for our en- Championship and they each have staffs that the future. vironment and wetlands. Dr. Biasco was have helped them every step of the way. The

VerDate 112000 05:28 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.044 pfrm01 PsN: E06PT1 E2018 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2001 city of Phoenix, the surrounding communities, aircraft carrier, he was deployed to the Per- PATRIOTIC POEM WRITTEN BY and the State of Arizona thank you all. sian Gulf twice in support of Operation Desert SARAH BETH SOENDKER But, Mr. Speaker, we will never forget Jay Storm. Bell crossing the plate in the bottom of the 9th Commander Del Toro has received a Mas- HON. IKE SKELTON Inning of Game 7, with the winning run. We ters Degree in Space Systems Engineering OF MISSOURI will never forget Luis Gonzalez, after hitting 57 and Electrical Engineering from the Naval IN THE HOUSE OF REPRESENTATIVES home runs during the season, dropping a Postgraduate School, and served as Space bloop single over second base—one of his Tuesday, November 6, 2001 shortest hits of the year, but his longest hit in Systems Program Manager at the Pentagon. Mr. SKELTON. Mr. Speaker, I am proud to the hearts of Diamondback fans—to drive in He was responsible for managing a satellite share with the Members of the House this ex- that winning run. Who can forget Tony ground station in support of our nation’s na- cellent poem written by 11-year old Sarah Womack’s clutch hit to drive in the tying run. tional security. Following his work at the Pen- Beth Soendker, of Polo, Missouri. She is the Finally, Mr. Speaker, I want to commend the tagon, Commander Del Toro received a Mas- granddaughter of Mr. and Mrs. Carl Soendker, three Most Valuable Players. Craig Counsell ter’s Degree in National Security and Strategic of Lexington, Missouri. She wrote the poem in was selected the MVP of the National League Studies from the Navy War College, and remembrance of the victims of the attack on Championship Series. Craig’s performance served as Executive Officer of the USS Vin- America. The fine poem is set forth as follows: cennes, a guided missile cruiser homeported throughout the post season was outstanding. AN AMERICAN PROMISE in Japan. His clutch hitting and tenacious defense We will stand tall if our soldiers die, if war served as an inspiration to his fellow players Commander Carlos Del Toro has spent his starts again or if our hearts cry. and helped to propel the Diamondbacks to vic- Naval career preparing for his next assign- We will stand tall if our country should lose, tory after victory. ment leading the USS Bulkeley. He honors the if our men go to war, that’s our news. However, the Diamondback pitching tandem United States Navy, and he honors the United We will stand tall if our houses are burned, or if our country is attacked, we will who garnered World Series MVP honors will States of America. As a fellow Cuban-Amer- go down in history as one of the greatest still not be ruined. ican, Mr. Speaker, it is a special privilege for pitching combinations of all time. The names We may be trapped in this world of sin, but me today to congratulate Commander Del at least we still have our pride, our Johnson/Schilling will be synonymous with Toro for his multiple career successes and to courage and we can win! each other in baseball, just as Ruth/Gehrig wish him and the crew of the USS Bulkeley An American Promise that we will make, and Koufax/Drysdale. Curt Schilling and Godspeed as they set to sea to defend Amer- we’ll hold the flag high and this flag we Randy Johnson are both masters of their craft won’t let them take! ica. who dominated pitching this year. They were Sarah has also had two poems published in first and second in the National League this f the 2000–01 editions of ‘‘Anthology of Poetry year in both strikeouts and earned run aver- by Young Americans.’’ age, and they set a record for combined TRIBUTE TO EMILY MASAR f strikeouts by teammates. Mr. Speaker, November 4, 2001 will be a HONORING DESTINY FOLMER day long remembered by Arizonans. It was a HON. BOB SCHAFFER day in which we shared the joy and glory of HON. SCOTT McINNIS a Diamondback victory and welcomed the first OF COLORADO OF COLORADO World Championship to Arizona. The City of IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Phoenix, the State of Arizona, and the whole Tuesday, November 6, 2001 country congratulate these World Champions Tuesday, November 6, 2001 on a job well done! Mr. McINNIS. Mr. Speaker, I would like to f Mr. SCHAFFER. Mr. Speaker, I rise to rec- take this opportunity to recognize an excep- ognize Miss Emily Masar of La Junta, Colo- tional and caring young woman, Destiny COMMENDING COMMANDER rado. Emily has been selected as this year’s Folmer, who recently help raise $400 for the CARLOS DEL TORO National Philanthropy Day Outstanding Youth Colorado Brian Injury Association. Destiny’s for her exceptional community service. For mom is a brain injury survivor who helped in- HON. LINCOLN DIAZ-BALART this, Mr. Speaker, the United States Congress spire her to engage in this worthy cause. Des- OF FLORIDA commends her. tiny recently tried to ensure that others suf- fering brain injuries will survive and recover by IN THE HOUSE OF REPRESENTATIVES Emily is a student of La Junta High School participating in the Pikes Peak Challenge. At Tuesday, November 6, 2001 and first became interested in volunteer activi- only fifteen years old, she and her father per- ties in 1999. Since then Masar has started the Mr. DIAZ-BALART. Mr. Speaker, on Decem- formed the fifteen-mile hike up Pikes Peak Respite Nights program and has recruited nu- ber 8, 2001, Commander Carlos Del Toro will and, after nine long hours, finished the gruel- merous volunteers. The Respite Nights pro- take command of the USS Bulkeley, the new- ing hike. By completing the challenge, she est Aegis Guided Missile Destroyer. gram provides services and support to adults was able to raise the $400 for the Association. The USS Bulkeley is named in honor of and children with developmental disabilities. Mr. Speaker, not only is her family proud of Vice Admiral John D. Bulkeley. Vice Admiral Currently, Masar and other volunteers have her achievements, but her community is proud Bulkeley was a true hero, serving our nation contributed over 350 hours to the program. and appreciative of her charitable heart. Des- through 55 years of active duty. From his role In a recent edition of the La Junta Tribute- tiny Folmer has truly displayed a caring heart in the landing at Normandy to his role as Democrat, Kat Walden of the Arkansas Valley and the many that will benefit from her dedica- Commander of the U.S. Naval Base at Guan- Community Center said, ‘‘Emily is a shining tion are grateful for her selfless act. She is a tanamo, he served our country with loyalty light that, as a young woman, has not only special young woman that is worthy of the and honor. been willing to volunteer her time but also take praise of this body of Congress. I would like It is only appropriate that the commander of the added responsibility of coordinating the to thank Destiny for being a role model to us the USS Bulkeley embody the same excep- Respite Nights program.’’ Emily’s strong work all. tional characteristics of the ship’s namesake. ethic and dedication to community service re- f Commander Carlos Del Toro immigrated to mind us of the strength of America’s youth. It the United States in 1962 from Cuba. He left COMMEMORATION OF THE is reassuring to know we have people like a land sadly beset by oppression and dictator- UKRAINIAN FAMINE Emily to lead us into the future. ship, and has devoted his life to defending lib- erty and democracy. As a constituent of Colorado’s Fourth Con- HON. MAURICE D. HINCHEY After graduating from the U.S. Naval Acad- gressional District, Emily Masar is truly a posi- OF NEW YORK tive role model for the youth of America. She emy in 1983, Commander Del Toro began his IN THE HOUSE OF REPRESENTATIVES honorable military career serving aboard the not only makes her community proud, but also USS Koelsch, later serving on the USS her state and country. I ask the House to join Tuesday, November 6, 2001 Preble, and the USS America. While serving me in extending our warmest congratulations Mr. HINCHEY. Mr. Speaker, today, Novem- as the Assistant engineer on the USS America to Ms. Emily Masar. ber 6, 2001, we remember one of the most

VerDate 112000 05:28 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A06NO8.048 pfrm01 PsN: E06PT1 November 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2019 horrific events the world has ever seen: the in- [From the Washington Post Nov. 6, 2001] country would involve us in a quagmire com- duced famine that was forced on the Ukrainian parable to what drained the Soviet Union. people by the Soviet government between WHERE DO WE GO FROM HERE? The conventional wisdom of creating a (By Henry Kissinger) broadly based coalition to govern Afghani- 1932 and 1933. Ukrainians live all over the stan is desirable but not encouraged by the world now, but their homeland was under a As the war against the Taliban gathers momentum, it is important to see it in its historical record. The likely—perhaps opti- non-conventional attack whose purpose was mum—outcome is a central Kabul govern- to eliminate the Ukrainian nation from exist- proper perspective. President Bush has elo- quently described the objective as the de- ment of limited reach, with tribal autonomy ence. Seven million people were killed through struction of state-supported terrorism. And prevailing in the various regions. This essen- tial enterprise should be put under the aegis starvation while a surplus of grain sat in ware- for all its novelty, the new warfare permits of the United Nations, with generous eco- houses. Despite the magnitude of this crisis, a clear definition of victory. nomic support from the United States and the Ukrainian Famine remains largely un- The terrorists are ruthless, but not numer- other advanced industrial countries. A con- ous. They control no territory permanently. known outside the Ukrainian community. The tact group could be created composed of Af- If their activities are harassed by the secu- truth has been hidden from us for far too long ghanistan’s neighbors (minus Iraq), India, rity forces of all countries—if no country and now it must be brought to light. the United States and those NATO allies will harbor them—they will become outlaws Under the reign of Josef Stalin, the Ukrain- that participated in the military operations. and increasingly obliged to devote efforts to ians resisted the unimaginable atrocities that This would provide a mechanism to reintro- elemental survival. If they attempt to com- duce Iran to the international system, pro- befell them. After the heroic efforts of the mandeer a part of a country, as has happened vided it genuinely abandons its support of Ukrainian independence movement toward the to some extent in Afghanistan and Colombia, end of World War I, Stalin forced a famine on terrorism. they can be hunted down by military oper- The crucial phase of America’s anti-ter- the ‘‘breadbasket of Europe,’’ Ukraine. One- ations. The key to anti-terrorism strategy is rorism strategy will begin as the Afghani- fourth of its population was killed during this to eliminate safe havens. stan military campaign winds down, and its horrendous act of genocide. These safe havens come about in various focus will have to be outside Afghanistan. At A reporter from the Manchester Guardian ways. In some countries, domestic legisla- that point, the coalition will come under managed to slip inside the famine area and tion or constitutional restraints inhibit sur- strain. described it as, ‘‘A scene of unimaginable suf- veillance unless there are demonstrated So far the issue of long-term goals has fering and starvation.’’ He witnessed the terror criminal acts, or they prevent transmitting been avoided by the formula that members of what is ostensibly domestic intelligence to the global coalition are free to choose the and suffering that the people endured and at- other countries—as seems to be the case in tempted to show it to the world. Until 1986, degree of their involvement. A la carte coali- Germany and, to some extent, the United tion management worked well when mem- the Soviet government did not admit to the States. Remedial measures with respect to bership required little more than affirming man-induced famine. For two years people these situations are in train. opposition to terrorism in principle. Its con- starved to death and the survivors were forced But the overwhelming majority of safe ha- tinued usefulness will depend on how coali- to eat rodents, eat the leather from shoes, and vens occur when a government closes its tion obligations are defined in the next in extreme cases they were forced to eat the eyes because it agrees with at least some of phase. Should the convoy move at the pace dead. The seven million deaths over two years the objectives of the terrorists—as in Af- of the slowest ship or should some parts of it ghanistan, to some extent in Iran and Syria be able to sail by themselves? If the former, was the highest rate of death caused by any and, until recently, in Pakistan. Even osten- single event, including any war that the the coalition effort will gradually be defined sibly friendly countries that have been co- by the least-common-denominator com- Ukrainian people have ever fought. There is operating with the United States on general promises that killed the U.N. inspection sys- no precedent of such a hideous act in re- strategy, such as Saudi Arabia, sometimes tem in Iraq and are on the verge of elimi- corded history. make a tacit bargain with terrorists so long nating the U.N. sanctions against that coun- Ukraine and the United States have wit- as terrorist actions are not directed against try. Alternatively, the coalition can be con- nessed human suffering and newly inde- the host government. ceived as a group united by common objec- pendent Ukraine is helping the United States A serious anti-terrorism campaign must tives but permitting autonomous action by during our time of mourning. Ukrainian Ameri- break this nexus. Many of the host govern- whatever consensus can be created—or, in ments know more than they were prepared cans lost people in the attacks of September the extreme case, by the United States to communicate before Sept. 11. Incentives alone. 11 who were as innocent as those that died in must be created for the sharing of intel- Those who argue for the widest possible co- the famine. They will join together on Novem- ligence. The anti-terrorism campaign must alition—in other words, for a coalition ber 17 at St. Patrick’s Cathedral in New York improve security cooperation, interrupt the veto—often cite the experience of the Gulf to commemorate the terrible acts perpetrated flow of funds, harass terrorist communica- War. But the differences are significant. The upon Ukrainians nearly three-quarters of a tions and subject the countries that provide Gulf War was triggered by a clear case of ag- century ago. The survivors will always remem- safe haven to pressures including, in the ex- gression that threatened Saudi Arabia, ber the past in order to prevent such suffering treme case, military pressure. whose security has been deemed crucial by a In the aftermath of the attack on Amer- from occurring ever again. bipartisan succession of American presi- ican soil, the Bush administration resisted dents. The United States decided to undo f arguments urging immediate military action Saddam’s adventure in the few months avail- DR. HENRY KISSINGER’S EXCEL- against known terrorist centers. Instead, able before the summer heat made large- Secretary of State Colin Powell very skill- LENT ANALYSIS OF OUR WAR ON scale ground operations impossible. Several fully brought about a global coalition that hundred thousand American troops were dis- TERRORISM legitimized the use of military power against patched before any attempt at coalition Afghanistan, the most flagrant provider of a building was undertaken. Since the United HON. TOM LANTOS safe haven for the most egregious symbol of States would obviously act alone if nec- OF CALIFORNIA international terrorism, Osama bin Laden. essary, participating in the coalition became IN THE HOUSE OF REPRESENTATIVES The strategy of focusing on Afghanistan the most effective means for influencing carries with it two risks, however. The first events. Tuesday, November 6, 2001 is that the inherent complexities of a track- The direction of the current coalition is Mr. LANTOS. Mr. Speaker, today’s issue of less geography and chaotic political system more ambiguous. President Bush has fre- the Washington Post includes an excellent may divert the coalition from the ultimate quently and forcefully emphasized that he is oped by our nation’s former National Security objective of crippling international ter- determined to press the anti-terrorism cam- rorism. Though the elimination of bin Laden paign beyond Afghanistan. In due course he Adviser to the President and former Secretary and his network and associates will be a sig- will supplement his policy pronouncements of State, Dr. Henry Kissinger. He gives an out- nificant symbolic achievement, it will be with specific proposals. That will be the standing strategic analysis of our current war only the opening engagement of what must point at which the scope of the operational on terrorism. In particular he emphasizes the be viewed as a continuing and relentless coalition will become clear. There could be importance of recognizing that our objectives worldwide campaign. The second challenge is disagreement on what constitutes a terrorist in Afghanistan are limited, and we must real- to guard against the temptation to treat co- safe haven; what measures states should istically limit what we seek to do there. His operation on Afghanistan as meeting the take to cut off the flow of funds; what pen- analysis of our tasks beyond our action in Af- challenge and to use it as an alibi for avoid- alties there are for noncompliance; in what ing the necessary succeeding phases. manner, whether and by whom force should ghanistan is equally prescient. This is why military operations in Afghan- be used. Mr. Speaker, I urge all of my colleagues to istan should be limited to the shattering of Just as, in the Gulf War, the pressures for read Dr. Kissinger’s brilliant article ‘‘Where Do the Taliban and disintegration of the bin American unilateral action provided the ce- We Go From Here?’’ and I ask that the full Laden network. Using U.S. military forces ment to bring a coalition together, so, in the text be placed in the RECORD. for nation-building or pacifying the entire anti-terrorism war, American determination

VerDate 112000 05:28 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\K06NO8.001 pfrm01 PsN: E06PT1 E2020 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2001 and that of allies of comparable views are and find a new role for Russia in its post-im- will include improved vulnerability assess- needed. A firm strategy becomes all the perial phase, and for China as it emerges into ments, methods for real-time detection and more important as biological weapons ap- great power status. India is emerging as an monitoring of chemical, biological, and radio- pear to have entered the arsenals of ter- important global player. After measurable rorism. Preventive action is becoming im- success in the anti-terrorism campaign, logical contaminants, cyber security measures, perative. States known to possess such fa- when it does not appear as concession to the and information sharing and analysis. The bill cilities and to have previously used them terrorists, the Middle East peace process will also have multiple benefits outside of the must be obliged to open themselves to strict, should be urgently resumed. These and other terrorism context as water managers and pub- conclusive international inspections with prospects must not be allowed to vanish be- lic officials gain more tools to detect, monitor, obligatory enforcement mechanisms. This cause those that have the ability to prevail and respond to contamination and other prob- applies particularly to Iraq, with its long shrink from what their opportunities re- lems confronting infrastructure. history of threats to all its neighbors and the quire. Water is the lifeblood of a community. Water use of chemical weapons. The conditions of international support for f lines form the lifelines for citizens and their a firm policy exist. The attack on the United families and for local, regional, and national HONORING ALLEN NOSSAMAN States has produced an extraordinary con- economies. Terrorist attacks, whether physical gruence of interests among the major pow- or cyber, are a clear and present danger. We ers. None wants to be vulnerable to shadowy HON. SCOTT McINNIS can mitigate that danger with a coordinated groups that have emerged, from Southeast OF COLORADO program of research and development. Asia to the edge of Europe. Few have the means to resist alone. The NATO allies have IN THE HOUSE OF REPRESENTATIVES Science, technology, and appropriate dissemi- ended the debate about whether, after the Tuesday, November 6, 2001 nation of information are keys to building, end of the Cold War, there is still a need for maintaining, and operating secure and sus- an Atlantic security structure. Our Asian al- Mr. McINNIS. Mr. Speaker, I would like to tainable water systems. lies, Japan and Korea, being democratic and take this opportunity to honor San Juan Coun- I urge my colleagues to join the growing list industrialized, share this conviction. India, ty Judge Allen Nossaman, as he celebrates of cosponsors and supporters of H.R. 3178. I profoundly threatened by domestic Islamic his retirement. After 16 years of service, also want to thank water management profes- fundamentalism, has much to lose by aban- Judge Nossaman has stepped down from his sionals, such as the Association of Metropoli- doning a common course. Russia perceives a position in Silverton, Colorado. It is my pleas- tan Water Agencies and the Association of common interest due to its contiguous Is- ure to recognize the many years of dedicated lamic southern regions. China shares a simi- Metropolitan Sewerage Agencies, and engi- lar concern with respect to its western re- work that Judge Nossaman provided to his neering and scientific research organizations, gions and has an added incentive to bring an community. such as the American Society of Civil Engi- end to global terrorism well before the 2008 Allen Nossaman has decided that, due to neers, for their help on the bill. I look forward Olympics in Beijing. Paradoxically, ter- health reasons, he will resign from his position to working with all of my colleagues, both on rorism has evoked a sense of world commu- as a judge and move to Durango, Colorado, and off of Capitol Hill, as the legislation ad- nity that has eluded theoretical pleas for where he will work on his writings of the his- vances. world order. tory of San Juan County. Judge Nossaman f In the Islamic world, attitudes are more has long been a champion of preserving Colo- ambiguous. Many Islamic nations, though HONORING BETTY FEAZEL deeply concerned about fundamentalism, are rado’s history and its historical landmarks. constrained by their public opinion from While in Durango, Allan will help expand the avowing public support, and a few may sym- San Juan County’s current three-volume his- HON. SCOTT McINNIS pathize with some aspects of the terrorist tory that he has already penned, preserving OF COLORADO agenda. An understanding American attitude Colorado’s past. IN THE HOUSE OF REPRESENTATIVES toward traditional friends of America, such Mr. Speaker, it is my privilege to pay tribute as Saudi Arabia and Egypt, is appropriate. to Judge Nossaman for his contributions to the Tuesday, November 6, 2001 Their leaders are quite well aware that they Western Slope of Colorado. Allen Nossaman’s Mr. McINNIS. Mr. Speaker, it is with a sol- have made compromises imposed on them by brutal domestic necessities. The administra- service as a judge and commitment to pre- emn heart that I would like to take this oppor- tion clearly should make every effort to help serving Colorado’s history deserves the praise tunity to recognize the life and memory of them overcome these circumstances, to im- and recognition of this body. I wish Allen the Betty Feazel, who recently passed away at the prove intelligence sharing and the control of best and send my warmest regards to him and age of eighty-five. Betty was from Pagosa money flows. But it must not undermine his family. Springs, Colorado where she was a longtime these governments, for in the short term, f resident and a strong voice for the environ- any foreseeable alternative would be worse mental movement. for our interests and for the peoples in- WATER INFRASTRUCTURE SECU- Betty began spending her summers in volved. RITY AND RESEARCH DEVELOP- Pagosa Springs when her family bought the At Yet there are limits beyond which a seri- MENT ACT ous policy cannot go. There is no reason for Last Ranch in 1922. Later she studied philos- treating as members of the coalition coun- ophy at Wellesley College, graduating in 1938, tries whose state- supported media advocate HON. SHERWOOD L. BOEHLERT and eventually started a family with her hus- and justify terrorism, withhold intelligence OF NEW YORK band Earnest. He died in 1976, and she relo- vital to the security of potential victims and IN THE HOUSE OF REPRESENTATIVES cated permanently to the At Last Ranch where permit terrorist groups to operate from their she began her conservation and preservation territory. Tuesday, November 6, 2001 These considerations apply especially to efforts. Iran. Geopolitics argues for improved U.S.- Mr. BOEHLERT. Mr. Speaker, last week, Betty played a large role in preserving open Iranian relations. To welcome Iran into an joined by Representative BRIAN BAIRD and six spaces in her county and was instrumental in anti-terrorism coalition has as a prerequisite other colleagues, I introduced H.R. 3178, the establishing the Southwest Land Alliance, the abandonment of its current role as the Water Infrastructure Security and Research which is a non-profit organization, created to leading supporter of global terrorism as both Development Act. Senators JEFFORDS and provide tax incentives to land owners who do- the State Department and the bipartisan SMITH, the chairman and ranking minority nate their land’s developmental rights. In order Bremer Commission have reported. An Ira- member of the Senate Environment and Pub- to honor her memory and recognize her ef- nian relationship with the West can prosper only when both sides feel the need for it. lic Works Committee, introduced the com- forts, the Betty Feazel Open Space Fund has Both sides—and not only the West—must panion measure, S. 1593. been created. This fund will continue to aid make fundamental choices. The same is true This bipartisan, bicameral legislation is a di- landowners that choose to donate the devel- to a somewhat lesser degree of Syria. rect response to the physical and cyber opment rights of their property. The war on terrorism is not just about threats facing our drinking water and waste- Mrs. Betty Feazel dedicated an incredible hunting down terrorists. It is, above all, to water treatment systems. H.R. 3178 author- amount of time and effort to preserving our protect the extraordinary opportunity that izes and coordinates Environmental Protection nation’s open spaces to ensure that future has come about to recast the international system. The North Atlantic nations, having Agency assistance ($12 million a year for 5 generations would have the opportunity to ex- understood their common dangers, can turn years) to public and private nonprofit entities perience and appreciate them. Betty fought to a new definition of common purposes. Re- to research and develop technologies and re- long and hard for this noble cause that will lations with former adversaries can go be- lated processes to increase protection of continue to be fought in her name. My yond liquidating the vestiges of the Cold War America’s water resources. Research projects thoughts and prayers are with Betty’s family

VerDate 112000 05:28 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K06NO8.002 pfrm01 PsN: E06PT1 November 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2021 and friends at this time of mourning. Betty will community, Don made it a point to establish horrible attack. One of the unseen but critical surely be missed and her memory and her himself as a community leader. Don served contributors to this new battle is Capco Inc. lo- mission will endure for many generations. with the Western Colorado Economic Develop- cated in Grand Junction, Colorado. Their ef- f ment Council, the National Highway 50 Fed- forts to further our success against an elusive eration Commission, and Club 20. Don was enemy are greatly appreciated and I would PAYING TRIBUTE TO JUDY also a member of the Rotary Club and the like to recognize this company and its employ- TURNER Gunnison County Chamber of Commerce. Ad- ees for their efforts. ditionally, Don’s role in the banking business As the U.S. flag drapes across workstations, HON. SCOTT McINNIS allowed him to provide assistance to local the 128 employees of Capco are diligently OF COLORADO ranchers, small businesses, and college stu- working to produce rifles and other defense IN THE HOUSE OF REPRESENTATIVES dents. Don Eastman played a monumental weapons that are currently being used by our military. But most noticeably, this firm pro- Tuesday, November 6, 2001 role in the development of Gunnison and its surrounding community. duces modification kits that transform M16 ri- Mr. McINNIS. Mr. Speaker, I would like to Mr. Speaker, it is with profound sadness fles into the M16A2. Eighty percent of the con- take this opportunity to pay tribute to Judy that I recognize the life and passing of Mr. struction for these weapons is performed at Turner for her significant contributions to our Don Eastman. Don dedicated his life to serv- the Capco facility. educational system. Mrs. Turner has served ing his nation and fellow citizens. Don will be When Capco Inc. moved to Grand Junction the Montrose County School District Re-1J for missed most by his family and close friends in 1971, capacitors and electronic devices over two decades and was the heart and soul who knew him best, as well as the community were the focus of their production. However, of the School District. that he so proudly served. their focus changed first when it was a sub- contractor for companies manufacturing mili- Judy Turner began her career with the Dis- f trict in 1975, as a volunteer for Oak Grove El- tary electronics, and then again in 1991 when ementary School. As a volunteer, Judy was in- HONORING CURTIS A. WERDEN it was awarded a contract with U.S. Depart- strumental in reestablishing the school library. ment of Defense to produce smart mines. Her work led to a full-time position as the HON. SCOTT McINNIS Since that time, they have become the largest maker of the M16 rifle in the United States media paraprofessional at Oak Grove. After OF COLORADO and produce many other items used in battle, five years, Judy moved on to Centennial Jun- IN THE HOUSE OF REPRESENTATIVES ior High School, where she held the position including impulse cartridges. of guidance office secretary. After serving as Tuesday, November 6, 2001 Mr. Speaker, as we continue to defend free- secretary to the district’s central office, Judy Mr. MCINNIS. Mr. Speaker, I would like to dom across the globe, equipping our troops moved onto the district’s superintendent office take this opportunity to recognize Curtis A. with quality munitions is imperative. Capco serving in a secretarial capacity for four super- Werden and his contributions to this country. Inc. has answered its call to duty by creating intendents. The current superintendent, Curtis began his service in the military in reliable and superior products that will ensure George Voorhis, noted that Judy trained his 1944, serving as a pilot in Italy during World our success in the future of this conflict. I predecessors, and lamented she will leave be- War II. would like to extend my gratitude to the com- fore he can finish learning from her. Mr. Werden flew the P-51 mustang fighter- pany for its role as an active supplier to our Mr. Speaker, Judy Turner has devoted aircraft and was assigned to the 31st Fighter country’s efforts to promote peace and secu- much of her life and countless amounts of Group, 306th Fighter Wing of the 15th Air rity. They deserve this body’s support, now time and effort to the Montrose County School Force. During his tour, Curtis flew fighter es- more than ever, and I thank them for their dili- District for over twenty-five years. I would like cort missions for B-17 and B-24 bombers over gent service. to thank her for her commitment to the school Nazi-held territory in Western Europe. During f district and extend my congratulations on her these missions, Curtis was assigned with pro- PAYING TRIBUTE TO NANCY retirement. The District will certainly not be the viding air cover for the squadron from attack- WALLEN same without her. ing enemy fighters. Curtis flew 63 missions f protecting bombers, and allowing the Allies to HON. SCOTT McINNIS carry forward the mission of repelling and de- HONORING THE LIFE OF DON OF COLORADO feating the Nazis. IN THE HOUSE OF REPRESENTATIVES EASTMAN Mr. Werden retired from the Army Air Corps as a Captain in 1945. His decorations include Tuesday, November 6, 2001 HON. SCOTT McINNIS the Distinguished Flying Cross, the Air Medal Mr. MCINNIS. Mr. Speaker, I would like to OF COLORADO with six oak leaf clusters and the European take this opportunity to recognize the career of IN THE HOUSE OF REPRESENTATIVES Campaign Medal. As a member of the 31st Nancy Wallen and her service to the citizens of Colorado who have flown on United Air- Tuesday, November 6, 2001 Fighter Wing he received the Presidential Unit Citation, an award reserved for outstanding lines. Nancy is a dedicated worker who has Mr. McINNIS. Mr. Speaker, I would like to units in the European and Pacific theatres. specialized in customer service by putting the take this opportunity to honor the life of Mr. Mr. Speaker, it is with great pride and privi- needs of others first. It is my pleasure to Don Eastman who recently passed away. A lege that I recognize Curtis A. Werden for his honor Nancy Wallen for the work she has ac- native of Gunnison, Colorado, Mr. Eastman service to this country. He served selflessly in complished and congratulate her upon retiring made tremendous contributions to the sur- a time of great need, bringing credit to himself from United Airlines. rounding community as a leader and role and this nation. Nancy Wallen began her career in the trans- model for others. f portation industry when she joined United in As a young man, Don joined the Marine 1968. Nancy originally worked as flight attend- Corps as a 2nd Lieutenant and served in the HONORING THE CONTRIBUTIONS ant before being promoted to an inflight super- Korean War. Don Eastman was a patriotic cit- OF CAPCO INC. visor the following year. Nancy’s loyalty to izen who loved his country and put the needs United is admirable, giving the company elev- of the nation before his own. Upon retiring as HON. SCOTT McINNIS en years before opting into a new career path. a Lieutenant Colonel from the Marine Corps OF COLORADO However, Nancy returned to United within a Reserve, Don pursued a career in banking IN THE HOUSE OF REPRESENTATIVES few years where she blossomed as a con- back in his hometown of Gunnison, Colorado. cierge in the Red Carpet Club at Stapleton air- Don followed the footsteps of those family Tuesday, November 6, 2001 port. She has proven herself capable of man- members before him when he was named Mr. MCINNIS. Mr. Speaker, our nation is aging a wide variety of responsibilities while President of the First National Bank of Gunni- now confronted with a challenge that we have serving in an important leadership role for son, a position he held for 15 years before re- never faced before—fighting an important war those who worked with her. Nancy contributed tiring. against terrorism. Following the terrible attack to a smooth transition from Stapleton to the Don Eastman was well known throughout against our country on September 11, 2001, Denver International Airport playing an integral Gunnison and was well received by all people that struck New York City and Washington, role in the VIP/Special Services Program for he came in contact with. Even though the DC, we have seen numerous heroes from all United. Nancy has decided to end her career Eastman name was a foundation of life in the walks of life emerge as we rebuild from this where it first flourished, in Denver, Colorado.

VerDate 112000 05:28 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\K06NO8.005 pfrm01 PsN: E06PT1 E2022 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2001 Mr. Speaker, Nancy is a specialist in cus- remained diligent and was eventually able to terrorist attacks on September 11, 2001, but tomer service and will be dearly missed by the defeat the Japanese forces. we have pulled together out of patriotism and many frequent patrons who looked forward to Peter Loncar left the battlefield and the war resolve from the losses that our nation has her smile, sincerity, and professionalism. I with several citations recognizing the signifi- suffered. I would like to take a moment to rec- commend Nancy for her long and successful cant contributions he made to the war effort. ognize the significant contributions to the relief career and send her my best wishes and Some of his distinguished accomplishments effort by two remarkable young ladies from warmest regards in her retirement. include: the Good Conduct Medal, American Snowmass Village, Colorado. f Defense Medal, combat infantry badge, and four bronze stars. These are all lasting sym- Elizabeth Floyd and Rita Farrell, both 14 PAYING TRIBUTE TO PETER N. bols of the valor that he displayed in the face years old, dedicated their time and effort to di- LONCAR of danger during the war. rectly aid the relief efforts in New York and Mr. Speaker, the United States of America HON. SCOTT McINNIS Washington D.C. Elizabeth and Rita circulated called upon Pete during a time of significant throughout their community selling white and OF COLORADO conflict and he responded. This nation and blue lapel ribbons for one dollar apiece; the IN THE HOUSE OF REPRESENTATIVES this body are indebted to him for the persever- proceeds of their venture to be donated to the Tuesday, November 6, 2001 ance and the bravery that he displayed in his service to our flag. I would like to extend my American Red Cross. They have collected a Mr. McINNIS. Mr. Speaker, it is an honor considerable amount of money from their ef- and a privilege to recognize a serviceman warmest regards and thanks to Peter for his fort, sometimes meeting ribbon orders as high from World War II. Peter Loncar, a current commitment and sacrifice to our nation during resident of Montrose, Colorado, fought coura- World War II. as two hundred. geously for the freedom of our great nation in f Mr. Speaker, these two young ladies are the Philippines during World War II, Peter en- PAYING TRIBUTE TO ELIZABETH wonderful examples of how our country has dured battle and made tremendous sacrifices FLOYD AND RITA FARRELL pulled together after the devastating attacks to protect his fellow Americans. on September 11th. They are role models to Peter Loncar, along with the rest of the us all and worthy of the praise and admiration 108th Infantry Division, was sent to fight the HON. SCOTT McINNIS OF COLORADO of this body. I would like to thank Elizabeth Japanese soldiers in the Philippines. They IN THE HOUSE OF REPRESENTATIVES made their way onto the shores of Luzon, an and Rita for the significant contributions they island north of Manila, and battled coura- Tuesday, November 6, 2001 have made, not only to the American Red geously until they gained control of the island. Mr. McINNIS. Mr. Speaker, our nation has Cross relief effort, but also to the unity of our Each battle had its casualties, but the 108th been experiencing very difficult times since the nation.

VerDate 112000 05:28 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\K06NO8.010 pfrm01 PsN: E06PT1 Tuesday, November 6, 2001 Daily Digest

HIGHLIGHTS Senate passed Labor/HHS/Education Appropriations Act. Senate District of Columbia Appropriations Act: Com- Chamber Action mittee on Appropriations was discharged from fur- Routine Proceedings, pages S11449–S11504 ther consideration of H.R. 2944, making appropria- Measures Introduced: Eight bills were introduced, tions for the government of the District of Columbia as follows: S. 1635–1642. Page S11488 and other activities chargeable in whole or in part against the revenues of said District for the fiscal Measures Passed: year ending September 30, 2002, and the Senate Labor/HHS/Education Appropriations Act: By then began consideration of the bill, taking action 89 yeas to 10 nays (Vote No. 324), Senate passed on the following amendment proposed thereto: H.R. 3061, making appropriations for the Depart- Pages S11475–80 ments of Labor, Health and Human Services, and Adopted: Education, and related agencies for the fiscal year Landrieu/DeWine Amendment No. 2106, in the ending September 30, 2002, after taking action on nature of a substitute. Pages S11476–80 the following amendments proposed thereto: A unanimous-consent-time agreement was reached Pages S11449–53, S11458–75 providing for further consideration of the bill at 10 Withdrawn: a.m., on Wednesday, November 7, 2001, where Sen- Daschle Amendment No. 2044, to provide collec- ators Allen and Hutchison will be recognized to tive bargaining rights for public safety officers em- offer certain amendments, with votes to occur on the ployed by States or their political subdivisions. amendments. Page S11486 Page S11453 Nominations Confirmed: Senate confirmed the fol- During consideration of this bill today, the Senate lowing nominations: also took the following action: By unanimous vote of 100 yeas (Vote No. 325), By 56 yeas to 44 nays (Vote No. 323), three-fifths M. Christina Armijo, of New Mexico, to be United of those Senators duly chosen and sworn not having States District Judge for the District of New Mexico. voted in the affirmative, Senate failed to agree to close further debate on Daschle Amendment No. Pages S11475, S11504 By unanimous vote of 98 yeas (Vote No. 326), 2044 (listed above). Pages S11452–53 Karon O. Bowdre, of Alabama, to be United States Gramm Modified Amendment No. 2055 (to District Judge for the Northern District of Alabama. Amendment No. 2044), to preserve the freedom and constitutional rights of firefighters, law enforcement Pages S11483–84, S11504 By unanimous vote of 98 yeas (Vote No. 327), officers and public safety officers, fell when Daschle Stephen P. Friot, of Oklahoma, to be United States Amendment No. 2044 (listed above) was withdrawn. District Judge for the Western District of Okla- Page S11453 homa. Pages S11484, S11504 Senate insisted on its amendment, requested a William Walter Mercer, of Montana, to be United conference with the House thereon, and the Chair States Attorney for the District of Montana for the was authorized to appoint the following conferees on term of four years. the part of the Senate: Senators Harkin, Hollings, Inouye, Reid, Kohl, Murray, Landrieu, Byrd, Specter, Thomas E. Moss, of Idaho, to be United States Graham, Gregg, Craig, Hutchison, Stevens, and Attorney for the District of Idaho for the term of four years. DeWine. Page S11475

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VerDate 11-MAY-2000 05:04 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D06NO1.REC pfrm01 PsN: D06NO1 November 6, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1103 J. Strom Thurmond, Jr., of South Carolina, to be the United States Attorney for the District of South Committee Meetings Carolina for the term of four years. (Committees not listed did not meet) Leura Garrett Canary, of Alabama, to be United States Attorney for the Middle District of Alabama NEW FEDERAL FARM BILL for the term of four years. Committee on Agriculture, Nutrition, and Forestry: Com- Paul K. Charlton, of Arizona, to be United States mittee met and approved Titles VIII (Forestry) and Attorney for the District of Arizona for the term of IX (Energy) of S. 1628, to strengthen the safety net four years. for agricultural producers, to enhance resource con- Sharee M. Freeman, of Virginia, to be Director, servation and rural development, to provide for farm Community Relations Service, for a term of four credit, agricultural research, nutrition, and related years. programs, and to ensure consumers abundant food Jeffrey Gilbert Collins, of Michigan, to be United and fiber. States Attorney for the Eastern District of Michigan Committee will meet again tomorrow. for the term of four years. NOMINATION William S. Duffey, Jr., of Georgia, to be United Committee on Foreign Relations: Committee concluded States Attorney for the Northern District of Georgia hearings on the nomination of Raymond F. for the term of four years. Burghardt, of Florida, to be Ambassador to the So- Maxwell Wood, of Georgia, to be United States cialist Republic of Vietnam, Larry Miles Dinger, of Attorney for the Middle District of Georgia for the Iowa, to be Ambassador to the Federated States of term of four years. Micronesia, Charles Lawrence Greenwood, Jr., of Dunn Lampton, of Mississippi, to be United Florida, for rank of Ambassador as Coordinator for States Attorney for the Southern District of Mis- Asia Pacific Economic Cooperation (APEC), Charles sissippi for the term of four years. Lester Pritchard, of Virginia, for the rank of Ambas- Juan Carlos Benitez, of Puerto Rico, to be Special sador as Special Envoy for Negotiations with the Counsel for Immigration-Related Unfair Employ- Democratic People’s Republic of Korea (DPRK) and ment Practices for a term of four years. United States Representative to the Korean Penin- Alice Howze Martin, of Alabama, to be United sula Energy Development Organization (KEDO), States Attorney for the Northern District of Alabama and Darryl Norman Johnson, of Washington, to be Ambassador to the Kingdom of Thailand, after the for the term of four years. nominees testified and answered questions in their Drew Howard Wrigley, of North Dakota, to be own behalf. United States Attorney for the District of North Da- kota for the term of four years. Page S11504 NOMINATION Executive Communications: Page S11488 Committee on Governmental Affairs: Committee con- cluded hearings on the nomination of Odessa F. Vin- Additional Cosponsors: Page S11488 cent, to be an Associate Judge of the Superior Court Statements on Introduced Bills/Resolutions: of the District of Columbia, after the nominee, who Pages S11488–93 was introduced by District of Columbia Delegate El- eanor Holmes Norton, testified and answered ques- Additional Statements: Pages S11486–87 tions in her own behalf. Amendments Submitted: Pages S11493–S11503 BIOTERRORISM PREPAREDNESS Authority for Committees to Meet: Page S11503 Committee on the Judiciary: Subcommittee on Tech- Privilege of the Floor: Page S11503 nology, Terrorism, and Government Information Record Votes: Five record votes were taken today. concluded hearings to examine the potential threat (Total—327) to America posed by the use of certain biological Pages S11452–53, S11458, S11475, S11483–84, S11484 agents and toxins, focusing on federal, state, and local law enforcement efforts to combat acts of bio- Adjournment: Senate met at 2:16 p.m., and ad- logical terror, including research and public health journed at 6:53 p.m., until 10 a.m., on Wednesday, responders, after receiving testimony from James T. November 7, 2001. (For Senate’s program, see the Caruso, Deputy Assistant Director, Counterterrorism remarks of the Majority Leader in today’s Record on Division, Federal Bureau of Investigation, and James page S11504.) S. Reynolds, Chief, Terrorism and Violent Crime Section, Criminal Division, both of the Department of Justice; Mayor Steven L. Abrams, Boca Raton,

VerDate 11-MAY-2000 05:19 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D06NO1.REC pfrm01 PsN: D06NO1 D1104 CONGRESSIONAL RECORD — DAILY DIGEST November 6, 2001 Florida; John Parachini, RAND Corporation, Wash- NOMINATION ington, D.C.; Michael V. Drake, University of Cali- Committee on the Judiciary: Committee concluded fornia, San Francisco School of Medicine Department hearings on the nomination of Thomas L. Sansonetti, of Ophthalmology; andRonald M. Atlas, University of Wyoming, to be Assistant Attorney General for of Louisville Center for Deterrence of Biowarfare and the Environment and Natural Resources Division, Bioterrorism, Louisville, Kentucky, on behalf of the Department of Justice, after the nominee, who was American Society for Microbiology Task Force on introduced by Senators Thomas and Enzi, testified Biological Weapons. and answered questions in his own behalf. h House of Representatives Patent and Trademark Office Authorization Chamber Action Act: H.R. 2047, amended, to authorize appropria- Measures Introduced: 11 public bills, H.R. tions for the United States Patent and Trademark 3229–3239; and 3 resolutions, H.J. Res. 72; H. Office for fiscal year 2002; Pages H7728–30 Con. Res. 262–263 were introduced. Pages H7851–52 Need-Based Educational Aid: Agreed to the Sen- Reports Filed: Reports were filed today as follows: ate amendments to H.R. 768, to amend the Improv- Supplemental report on H.R. 3016, to amend the ing America’s Schools Act of 1994 to make perma- Antiterrorism and Effective Death Penalty Act of nent the favorable treatment of need-based edu- 1996 with respect to the responsibilities of the Sec- cational aid under the antitrust laws (agreed to by retary of Health and Human Services regarding bio- a yea-and-nay vote of 400 yeas with none voting logical agents and toxins, and to amend title 18, ‘‘nay,’’ Roll No. 426)—clearing the measure for the United States Code, with respect to such agents and President; and Pages H7730–32, H7780 toxins, to clarify the application of cable television Financial Services Antifraud Network: H.R. system privacy requirements to new cable services, to 1408, amended, to safeguard the public from fraud strengthen security at certain nuclear facilities (H. in the financial services industry, to streamline and Rept. 107–231, Pt. 2); facilitate the antifraud information-sharing efforts of H. Res. 277, providing for consideration of H.R. Federal and State regulators (agreed to by a yea-and- 3167, to endorse the vision of further enlargement nay vote of 392 yeas to 4 nays, Roll No. 427). of the NATO Alliance articulated by President Pages H7732–45, H7780–81 George W. Bush on June 15, 2001, and by former President William J. Clinton on October 22, 1996 Suspensions—Proceedings Postponed: The House (H. Rept. 107–271); and completed debate on the following motions to sus- Conference report on H.R. 2620, making appro- pend the rules. Further proceedings were postponed priations for the Departments of Veterans Affairs and until Nov. 7: Housing and Urban Development, and for sundry Radio Free Afghanistan: H.R. 2998, amended, independent agencies, boards, commissions, corpora- to authorize the establishment of Radio Free Afghan- tions, and offices for the fiscal year ending Sep- istan; Pages H7745–48 tember 30, 2002, (H. Rept. 107–272). Page H7851 Nathaniel R. Jones and Frank J. Battisti Fed- Speaker Pro Tempore: Read a letter from the eral Building and United States Courthouse, Speaker wherein heappointed Representative Youngstown, Ohio: H.R. 852, to designate the Fed- Culberson to act as Speaker pro tempore for today. eral building and United States courthouse to be Page H7725 constructed at 10 East Commerce Street in Youngs- town, Ohio, as the ‘‘Nathaniel R. Jones and Frank Recess: The House recessed at 12:53 p.m. and re- J. Battisti Federal Building and United States Court- convened at 2 p.m. Page H7727 house’’;and Pages H7748–50 Private Calendar: Agreed to dispense with the call Preservation of Anti-Dumping and Counter- of the Private Calendar. Page H7728 vailing Duty Laws: H. Con. Res. 262, expressing Suspensions: The House agreed to suspend the rules the sense of Congress that the President, at the and pass the following measures: WTO round of negotiations to be held at Doha,

VerDate 11-MAY-2000 05:19 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D06NO1.REC pfrm01 PsN: D06NO1 November 6, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1105 Qatar, from November 9–13, 2001, and at any sub- Counsel, Department of Justice; and public wit- sequent round of negotiations, should preserve the nesses. ability of the United States to enforce rigorously its GERALD B. H. SOLOMON FREEDOM trade laws and should ensure that United States ex- CONSOLIDATION ACT ports are not subject to the abusive use of trade laws by other countries; Pages H7750–54 Committee on Rules: Granted, by voice vote, a modi- fied closed rule providing 1 hour of debate in the Recess: The House recessed at 4:05 p.m. and recon- House on H.R. 3167, Gerald B.H. Solomon Free- vened at 5:45 p.m. Page H7754 dom Consolidation Act of 2001. The rule waives all Airport Security Federalization Act: The House points of order against consideration of the bill. The passed S. 1447, to improve aviation security, after rule provides that the amendment recommended by striking all after the enacting clause and inserting in the Committee on International Relations now print- lieu thereof the text of H.R. 3150, as passed the ed in the bill shall be considered as adopted. The House. H.R. 3150, was then laid on the table. Sub- rule provides for consideration of only the amend- sequently, the House insisted on its amendment and ment in the nature of a substitute printed in the asked for a conference with the Senate. Appointed as Congressional Record, if offered by Representative conferees: Young of Alaska, Petri, Duncan, Mica, Lantos or his designee, which shall be considered as Ehlers, Oberstar, Lipinski, and DeFazio. read and shall be separately debatable for one hour Pages H7754–79 equally divided and controlled by the proponent and By a a recorded vote of 397ayes with none voting an opponent. Finally, the rule provides one motion ‘‘no,’’ Roll No. 428, agreed to the Oberstar motion to recommit with or without instructions. Testimony to instruct conferees to make every effort to resolve was heard from Chairman Hyde. all differences between the two Houses as soon as MISCELLANEOUS MEASURES possible, and no later than Friday, Nov. 9, 2001. Pages H7781–82 Committee on Transportation and Infrastructure: Sub- committee on Economic Development, Public Build- Quorum Calls—Votes: Three yea-and-nay votes de- ings and Emergency Management approved for full veloped during the proceedings of the House today Committee action the following: H.R. 2841, to des- and appear on pages H7780, H7780–81, ignate the building located at 1 Federal Plaza in H7781–82. There were no quorum calls. New York, New York the ‘‘James L. Watson United Adjournment: The House met at 12:30 p.m. and States Court of International Trade Building;’’ H.R. adjourned at 11:03 p.m. 2972, to designate the Federal building and United States courthouse located at 550 West Fort Street in Committee Meetings Boise, Idaho, as the ‘‘James A. McClure Federal Building and United States Courthouse;’’ H.R. CHARITABLE CONTRIBUTIONS FOR 3093, to designate the Federal building and United SEPTEMBER 11: PROTECTING AGAINST States courthouse located at 501 Bell Street in Alton, FRAUD, WASTE, AND ABUSE Illinois, as the ‘‘William L. Beatty Federal Building Committee on Energy and Commerce: Subcommittee on and United States Courthouse;’’ the GSA Fiscal Year Oversight and Investigations held a hearing entitled 2002 Capital Investment and Leasing Program; re- ‘‘Charitable Contributions for September 11: Pro- maining committee resolutions and several 11(b) res- tecting against Fraud, Waste, and Abuse.’’ Testi- olutions. mony was heard from J. Howard Beales III, Director, REPORT—VA CLAIMS PROCESSING TASK Bureau of Consumer Protection, FTC; Eliot Spitzer, FORCE Attorney General, State of New York; and public witnesses. Committee on Veterans’ Affairs: Held a hearing to re- ceive the report of the VA Claims Processing Task PRESIDENTIAL RECORDS ACT Force (Cooper Report). Testimony was heard from IMPLEMENTATION Vice Adm Daniel L. Cooper, USN (Ret.) Chairman, Committee on Government Reform: Subcommittee on VA Claims Processing Task Force. Government Efficiency, Financial Management and Intergovernmental Relations held a hearing on the Joint Meetings implementation of the Presidential Records Act of 1978. Testimony was heard from John W. Carlin, APPROPRIATIONS—VA/ HUD/ Archivist of the United States, National Archives INDEPENDENT AGENCIES and Records Administration; M. Edward Whelan III, Conferees agreed to file a conference report on the dif- Acting Assistant Attorney General, Office of Legal ferences between the Senate and House passed

VerDate 11-MAY-2000 05:19 Nov 07, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D06NO1.REC pfrm01 PsN: D06NO1 D1106 CONGRESSIONAL RECORD — DAILY DIGEST November 6, 2001 versions of H.R. 2620, making appropriations for Emergency Deficit Control Act of 1985, 3:15 p.m., the Departments of Veterans Affairs and Housing SD–562. and Urban Development, and for sundry inde- Committee on Foreign Relations: to hold hearings on the pendent agencies, boards, commissions, corporations, nomination of John Marshall, of Virginia, to be Assistant and offices for the fiscal year ending September 30, Administrator of Management, the nomination of Con- 2002. stance Berry Newman, of Illinois, to be Assistant Admin- istrator for Africa, both of the United States Agency for f International Development; the nomination of Cynthia NEW PUBLIC LAWS Shepard Perry, of Texas, to be United States Director of the African Development Bank; the nomination of Jose (For last listing of Public Laws, see DAILY DIGEST, November 2, A. Fourquet, of New Jersey, to be United States Execu- 2001, p. D1093) tive Director of the Inter-American Development Bank; H.R. 146, to authorize the Secretary of the Inte- and the nomination of Jorge L. Arrizurieta, of Florida, to rior to study the suitability and feasibility of desig- be United States Alternate Executive Director of the nating the Great Falls Historic District in Paterson, Inter-American Development Bank, 3 p.m., SD–419. New Jersey, as a unit of the National Park System. Committee on Governmental Affairs: Subcommittee on Signed November 5, 2001. (Public Law 107–59) International Security, Proliferation and Federal Services, H.R. 1000, to adjust the boundary of the William to hold hearings to examine current and future weapons Howard Taft National Historic Site in the State of of mass destruction proliferation threats, 2:30 p.m., Ohio, to authorize an exchange of land in connection SD–342. with the historic site. Signed November 5, 2001. Select Committee on Intelligence: to hold closed hearings to examine intelligence matters, 3:30 p.m., S–407, Capitol. (Public Law 107–60) Committee on the Judiciary: to hold hearings on the nom- H.R. 1161, to authorize the Government of the ination of Joe L. Heaton, to be United States District Czech Republic to establish a memorial to honor Judge for the Western District of Oklahoma, the nomina- Tomas G. Masaryk in the District of Columbia. tion of Clay D. Land, to be United States District Judge Signed November 5, 2001. (Public Law 107–61) for the Middle District of Georgia, the nomination of H.R. 1668, to authorize the Adams Memorial Frederick J. Martone, to be United States District Judge Foundation to establish a commemorative work on for the District of Arizona, the nomination of Danny C. Federal land in the District of Columbia and its en- Reeves, to be United States District Judge for the Eastern virons to honor former President John Adams and District of Kentucky, the nomination of Julie A. Robin- his legacy. Signed November 5, 2001. (Public Law son, to be United States District Judge for the District 107–62) of Kansas; and the nomination of James Edward Rogan, H.R. 2217, making appropriations for the Depart- to be Under Secretary of Commerce for Intellectual Prop- ment of the Interior and related agencies for the fis- erty and Director of the United States Patent and Trade- mark Office, 10 a.m., SD–226. cal year ending September 30, 2002. Signed Novem- Subcommittee on Antitrust, Business Rights, and ber 5, 2001. (Public Law 107–63) Competition, to hold hearings to examine international H.R. 2904, making appropriations for military aviation alliances, focusing on market turmoil and the fu- construction, family housing, and base realignment ture of airline competition, 12:30 p.m., SD–226. and closure for the Department of Defense for the fiscal year ending September 30, 2002. Signed No- House vember 5, 2001. (Public Law 107–64) Committee on the Budget, hearing on Ensuring Domestic f Security: Issues and Potential Costs, 1 p.m., 210 Cannon. Committee on Energy and Commerce, Subcommittee on COMMITTEE MEETINGS FOR WEDNESDAY, Commerce, Trade, and Consumer Protection, hearing en- NOVEMBER 7, 2001 titled ‘‘Challenges Facing the Federal Trade Commis- (Committee meetings are open unless otherwise indicated) sion,’’ 10 a.m., 2123 Rayburn. Subcommittee on Oversight and Investigations, hearing Senate entitled ‘‘HHS Inspector General’s Review of Physical Se- Committee on Agriculture, Nutrition, and Forestry: business curity at NIH and CDC Facilities,’’ 10 a.m., 2322 Ray- meeting to mark up S. 1628, to strengthen the safety net burn. for agricultural producers, to enhance resource conserva- Committee on Financial Services, to mark up H.R. 3210, tion and rural development, to provide for farm credit, Terrorism Risk Protection Act, 10 a.m., 2128 Rayburn. agricultural research, nutrition, and related programs, to Committee on Government Reform, Subcommittee on Na- ensure consumers abundant food and fiber, focusing on tional Security, Veterans Affairs, and International Rela- trade provisions, 8:30 a.m., SR–328A. tions, hearing on ‘‘Chemical and Biological Defense: DoD Committee on the Budget: business meeting to consider Medical Readiness,’’ 10 a.m., 2154 Rayburn. S.J. Res. 28, suspending certain provisions of law pursu- Committee on International Relations, hearing on the Fu- ant to section 258(a)(2) of the Balanced Budget and ture of Afghanistan, 10:15 a.m., 2172 Rayburn.

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Committee on the Judiciary, Subcommittee on Crime, national Trade Building;’’ H.R. 2972, to designate the hearing and mark up of H.R. 3209, Anti-Hoax Terrorism Federal building and United States courthouse located at Act of 2001, 2 p.m., 2237 Rayburn. 550 Wet Fort Street in Boise, Idaho, as the ‘‘James A. Committee on Resources, to mark up the following bills: McClure Federal Building and United States Court- H.R. 2828, Klamath Basin Emergency Operation and house;’’ H.R. 3093, to designate the Federal building and Maintenance Refund Act of 2001; and H.R. 3208, to au- United States courthouse located at 501 Bell Street in thorize funding through the Secretary of the Interior for Alton, Illinois, as the ‘‘William L. Beatty Federal Build- the implementation of a comprehensive program in Cali- ing and United States Courthouse;’’ H.R. 2546, Real fornia to achieve increased water yield and environmental Interstate Driver Equity Act of 2001; H.R. 2776, to des- benefits, as well as improved water system reliability, ignate buildings 315, 318, and 319 located at the Federal water quality, water use efficiency, watershed manage- Aviation Administration’s William J. Hughes Technical ment, water transfers, and levee protection, 10 a.m., 1324 Longworth. Center in Atlantic City, New Jersey, as the ‘‘Frank R. Subcommittee on Forests and Forest Health, oversight Lautenberg Aviation Security Complex;’’ S. 378, to redes- hearing on the views and vision of the Under Secretary, ignate the Federal building located at 3348 South Kedzie Natural Resources and Environment, Department of the Avenue, in Chicago, Illinois, as the ‘‘Paul Simon Chicago Interior, 4:15 p.m., 1334 Longworth. Job Corps Center,’’ miscellaneous public building resolu- Committee on Science, hearing on the Space Station Task tions, including: 27 GSA Leases Resolutions; two repair Force Report, 10 a.m., 2318 Rayburn. and alteration resolutions; seven Construction Resolu- Committee on Transportation and Infrastructure, to consider tions; and two 11(b) Public Building Resolutions, 11 the following: H.R. 525, Preparedness Against Domestic a.m., 2167 Rayburn. Terrorism Act of 2001; H.R. 2841, to designate the Committee on Ways and Means, to mark up H.R. 2269, building located at 1 Federal Plaza in New York, New Retirement Security Advice Act of 2001, 2 p.m., 1100 York the ‘‘James L. Watson United States Court of Inter- Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, November 7 10 a.m., Wednesday, November 7

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of motion to go ation of H.R. 2944, District of Columbia Appropriations to conference on H.R. 2506, Foreign Operations Appro- Act, with votes on certain amendments to occur thereon. priations Act for Fiscal Year 2002; Consideration of H.R. 3167, Gerald B. H. Solomon Freedom Consolidation Act (modified closed Rule, one hour of debate); Complete consideration of Suspensions (votes): (1) H.R. 2998, Radio Free Afghanistan Act; (2) H.R. 852, Nathaniel Jones & Frank Battisti Federal Building & Courthouse, Youngstown, Ohio; and (3) H. Con. Res. 262, Preservation of Anti-Dumping and Countervailing Duty Laws.

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Nancy L., Conn., E2015 Putnam, Adam H., Fla., E2016 Langevin, James R., R.I., E2017 Radanovich, George, Calif., E2005, E2006, E2008, E2009 Bass, Charles F., N.H., E2005 Lantos, Tom, Calif., E2019 Reyes, Silvestre, Tex., E2014, E2015 Blunt, Roy, Mo., E2009 McInnis, Scott, Colo., E2018, E2020, E2020, E2021, Riley, Bob, Ala., E2015 Boehlert, Sherwood L., N.Y., E2020 E2021, E2021, E2021, E2021, E2022, E2022 Roukema, Marge, N.J., E2009 Clyburn, James E., S.C., E2016 Maloney, James H., Conn., E2014 Royce, Edward R., Calif., E2015 Costello, Jerry F., Ill., E2006 Manzullo, Donald A., Ill., E2005 Schaffer, Bob, Colo., E2018 Diaz-Balart, Lincoln, Fla., E2018 Miller, Jeff, Fla., E2017 Skelton, Ike, Mo., E2014, E2018 Etheridge, Bob, N.C., E2016 Morella, Constance A., Md., E2005 Stark, Fortney Pete, Calif., E2007 Hinchey, Maurice D., N.Y., E2018 Ney, Robert W., Ohio, E2009 Traficant, James A., Jr., Ohio, E2010 Israel, Steve, N.Y., E2015 Norton, Eleanor Holmes, D.C., E2007 Issa, Darrell E., Calif., E2008 Pastor, Ed, Ariz., E2017

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