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

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

Vol. 148 WASHINGTON, THURSDAY, SEPTEMBER 19, 2002 No. 119 House of Representatives The House met at 10 a.m. THE JOURNAL H.R. 4558. An act to extend the Irish Peace Process Cultural and Training Program. The Reverend Dr. Paul Smith, Senior The SPEAKER. The Chair has exam- Minister, First Presbyterian Church, H. Con. Res. 469. Concurrent resolution au- ined the Journal of the last day’s pro- thorizing the Rotunda of the Capitol to be Brooklyn, New York, offered the fol- ceedings and announces to the House used on September 19, 2002, for a ceremony to lowing prayer: his approval thereof. present the Congressional Gold Medal to In preparation for our prayer this Pursuant to clause 1, rule I, the Jour- General Henry H. Shelton (USA, Ret.). morning, I would ask that you would nal stands approved. The message also announced that the just close your eyes and reflect as we Mr. MCNULTY. Mr. Speaker, pursu- Senate has passed bills of the following listen to the silence for a moment. ant to clause 1, rule I, I demand a vote titles in which the concurrence of the O Divine Creator: Listen to the beat- on agreeing to the Speaker’s approval House is requested: of the Journal. ing of our hearts and the stirrings deep S. 1308. An act to provide for the use and within us, as each of us, in our own The SPEAKER. The question is on distribution of the funds awarded to the way, acknowledges the silent moment. the Speaker’s approval of the Journal. Quinault Indian Nation under United States The question was taken; and the May this peripheral moment, almost Claims Court Dockets 772–71, 773–71, 774–71, Speaker announced that the ayes ap- mystical, become a moment which and 775–71, and for other purposes. peared to have it. S. 2127. An act for the relief of the touches us where we are most our- Mr. MCNULTY. Mr. Speaker, I object Pottawatomi Nation in Canada for settle- selves. And we pray, O God, for to the vote on the ground that a ment of certain claims against the United strength, that You give each one of quorum is not present and make the States. these men and women standing before point of order that a quorum is not f You the courage to be genuine, that present. ANNOUNCEMENT BY THE SPEAKER their yeas and nays be genuine. All else The SPEAKER. Pursuant to clause 8, obscures the truth, tempting them to rule XX, further proceedings on this The SPEAKER. There will be one 1- betray the eternal. question will be postponed. minute speech. All other 1-minute We ask that You help them and us to The point of no quorum is considered speeches will be after the general busi- face the fears residing deep in our souls withdrawn. ness of the day. as we hear in the distance the cries for f f war, the cries for peace, the cries for justice and the cries for freedom. And, PLEDGE OF ALLEGIANCE WELCOMING THE REVEREND DR. God, we would petition You to quench The SPEAKER. Will the gentleman PAUL SMITH our deep-seeded need to be right. We from Iowa (Mr. LEACH) come forward (Mr. LEACH asked and was given per- know that Democrats being right does and lead the House in the Pledge of Al- mission to address the House for 1 not make Republicans wrong. We know legiance. minute and to revise and extend his re- that conservatives being right does not Mr. LEACH led the Pledge of Alle- marks.) make liberals wrong. Rather, teach us giance as follows: Mr. LEACH. Mr. Speaker, on behalf how to listen for the sounds of the gen- I pledge allegiance to the Flag of the of the House, it is my honor to wel- uine in ourselves, so we may hear the United States of America, and to the Repub- come and extend appreciation to the sounds of the genuine of our colleagues lic for which it stands, one nation under God, Reverend Dr. Paul Smith for delivering and friends. indivisible, with liberty and justice for all. the opening prayer this morning. O Divine Creator, help this Congress f Dr. Smith is the senior pastor of the to practice deep listening, for it is in MESSAGE FROM THE SENATE First Presbyterian Church of Brooklyn our deep listening that we hear the si- A message from the Senate by Mr. and a faculty member of the New York lence, where we hear the cries of our Monahan, one of its clerks, announced Theological Seminary. A scholar, Dr. people, where we see the shadows that the Senate has passed without Smith has written extensively on which frighten us, and where we find amendment bills and concurrent reso- issues of integration and is considered the center and core of our being. So as lution of the House of the following ti- one of the world’s leading authorities we practice this deep listening, grant tles: on multicultural training and arbitra- that we may also practice arrogance H.R. 486. An act for the relief of Barbara tion. He has negotiated labor manage- reduction, for by doing so, we lift up Makuch. ment agreements related to sweatshops those things which glorify the Creator. H.R. 487. An act for the relief of Eugene in South America and China and con- Amen. Makuch. ducted sensitivity training for the New

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

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VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A19SE7.000 H19PT1 H6376 CONGRESSIONAL RECORD — HOUSE September 19, 2002 York City Police Department, various Boehlert Hastings (FL) Obey Waxman Whitfield Woolsey churches, universities and the Federal Boehner Hastings (WA) Ortiz Weiner Wicker Wynn Bonilla Hayes Osborne Weldon (FL) Wilson (NM) Young (FL) Government, including the IRS. Given Bonior Hayworth Ose Weldon (PA) Wilson (SC) the tensions in the world in which we Bono Herger Otter Wexler Wolf live and not incidentally the fractious Boozman Hill Owens Boswell Hinojosa Pallone NAYS—53 body in which we work, Reverend Boucher Hobson Pascrell Aderholt Hilliard Riley Smith’s presence and prayer is much Boyd Hoeffel Pastor Baird Hinchey Sanchez appreciated. Brady (TX) Hoekstra Paul Baldwin Holt Schakowsky Ms. VELA´ ZQUEZ. Mr. Speaker, I rise to Brown (FL) Holden Payne Berry Hooley Slaughter Brown (OH) Honda Pelosi Borski Hulshof thank the Reverened Dr. Paul Smith, who led Strickland Brown (SC) Horn Pence Brady (PA) Kennedy (MN) Stupak today’s Opening Prayer. Reverend Smith is Burton Hostettler Peterson (PA) Capuano Larsen (WA) Sweeney the senior minister of the First Presbyterian Callahan Houghton Petri Conyers Latham Tanner Costello Lipinski Calvert Hoyer Phelps Taylor (MS) Church in Brooklyn, NY, in my district, and I Crane LoBiondo Camp Hunter Pickering Thompson (CA) am proud to have him here as a representa- Cannon Inslee Pitts DeFazio Markey Thompson (MS) Cantor Isakson Platts English McDermott tive of our community. Udall (CO) Capito Israel Pombo Filner McNulty Reverend Smith has a long career in and Udall (NM) Capps Issa Pomeroy Fossella Moore out of the ministry. He began as an assistant Cardin Istook Portman Green (TX) Oberstar Visclosky pastor at the Salem United Church of Christ in Carson (OK) Jackson (IL) Price (NC) Gutknecht Olver Waters Buffalo, New York, in 1960. He has taught at Castle Jackson-Lee Pryce (OH) Hart Peterson (MN) Weller Wu divinity schools at the New York and San Chambliss (TX) Putnam Hefley Ramstad Clay John Quinn ANSWERED ‘‘PRESENT’’—1 Francisco Theological Seminaries and Emory Clayton Johnson (CT) Radanovich University, in addition to holding administrative Clement Johnson (IL) Rahall Tancredo Clyburn Johnson, E. B. Rangel positions at Washington University and More- NOT VOTING—49 house College. Coble Johnson, Sam Regula Collins Jones (NC) Rehberg Andrews Ford Murtha Not content to preach from the pulpit, Rev- Combest Jones (OH) Reynolds Armey Gephardt Myrick erend Smith applies his ministry to public life. Condit Kanjorski Rivers Bachus Gillmor Oxley He teaches at the Health Science Center of Cox Kaptur Rodriguez Bentsen Gordon Reyes the State University of New York and provides Cramer Kelly Roemer Berman Hilleary Roukema Crenshaw Kennedy (RI) Rogers (KY) Blagojevich Hyde Ryan (WI) diversity and senstivity training to corporations Crowley Kerns Rogers (MI) Blunt Jefferson Sabo and communities alike. Cubin Kildee Rohrabacher Bryant Jenkins Sandlin Burr Keller I hope you will join me today in welcoming Culberson Kilpatrick Ros-Lehtinen Schaffer Buyer Kirk Cummings Kind (WI) Ross Shays Reverend Paul Smith here today. Carson (IN) LaFalce Cunningham King (NY) Rothman Simpson Davis (CA) Kingston Roybal-Allard Chabot Lewis (CA) f Stump Davis (FL) Kleczka Royce Cooksey Matsui Tauzin Davis (IL) Knollenberg Rush Coyne McHugh GENERAL LEAVE Vitter Davis, Jo Ann Kolbe Ryun (KS) Delahunt Meek (FL) Young (AK) Mr. LEACH. Mr. Speaker, I ask unan- Davis, Tom Kucinich Sanders Dicks Miller, George imous consent that all Members may Deal LaHood Sawyer Ehrlich Mink DeGette Lampson Saxton b 1035 have 5 legislative days within which to DeLauro Langevin Schiff revise and extend their remarks on the DeLay Lantos Schrock So the Journal was approved. subject of my 1-minute speech. DeMint Larson (CT) Scott The result of the vote was announced The SPEAKER pro tempore. Is there Deutsch LaTourette Sensenbrenner Diaz-Balart Leach Serrano as above recorded. objection to the request of the gen- Dingell Lee Sessions Stated for: tleman from Iowa? Doggett Levin Shadegg Mrs. MYRICK. Mr. Speaker, rollcall vote There was no objection. Dooley Lewis (GA) Shaw Doolittle Lewis (KY) Sherman 396, on approving the journal, I would have f Doyle Linder Sherwood voted ‘‘yea.’’ Dreier Lofgren Shimkus f THE JOURNAL Duncan Lowey Shows Dunn Lucas (KY) Shuster PROVIDING FOR CONSIDERATION The SPEAKER. Pursuant to clause 8 Edwards Lucas (OK) Simmons OF HOUSE RESOLUTION 524, of rule XX, the pending business is the Ehlers Luther Skeen SENSE OF HOUSE THAT CON- question of agreeing to the Speaker’s Emerson Lynch Skelton Engel Maloney (CT) Smith (MI) GRESS SHOULD COMPLETE AC- approval of the Journal. Eshoo Maloney (NY) Smith (NJ) TION ON PERMANENT DEATH The question is on agreeing to the Etheridge Manzullo Smith (TX) TAX REPEAL ACT OF 2002, AND Speaker’s approval of the Journal. Evans Mascara Smith (WA) HOUSE RESOLUTION 525, SENSE The question was taken; and the Everett Matheson Snyder Farr McCarthy (MO) Solis OF HOUSE THAT CONGRESS Speaker announced that the ayes ap- Fattah McCarthy (NY) Souder SHOULD COMPLETE ACTION ON peared to have it. Ferguson McCollum Spratt LEGISLATION EXTENDING AND Mr. MCNULTY. Mr. Speaker, I object Flake McCrery Stark Fletcher McGovern Stearns STRENGTHENING SUCCESSFUL to the vote on the ground that a Foley McInnis Stenholm 1996 WELFARE REFORMS quorum is not present and make the Forbes McIntyre Sullivan point of order that a quorum is not Frank McKeon Sununu Mr. HASTINGS of Washington. Mr. present. Frelinghuysen McKinney Tauscher Speaker, by direction of the Com- Frost Meehan Taylor (NC) The SPEAKER pro tempore. Evi- Gallegly Meeks (NY) Terry mittee on Rules, I call up House Reso- dently a quorum is not present. Ganske Menendez Thomas lution 527, and ask for its immediate The Sergeant at Arms will notify ab- Gekas Mica Thornberry consideration. Gibbons Millender- Thune The Clerk read the resolution, as fol- sent Members. Gilchrest McDonald Thurman The vote was taken by electronic de- Gilman Miller, Dan Tiahrt lows: vice, and there were—yeas 329, nays 53, Gonzalez Miller, Gary Tiberi H. RES. 527 answered ‘‘present’’ 1, not voting 49, as Goode Miller, Jeff Tierney Goodlatte Mollohan Toomey Resolved, That upon the adoption of this follows: Goss Moran (KS) Towns resolution it shall be in order to consider in [Roll No. 396] Graham Moran (VA) Turner the House the resolution (H. Res. 524) ex- Granger Morella Upton pressing the sense of the House that Con- YEAS—329 Graves Nadler Velazquez gress should complete action on the Perma- Abercrombie Ballenger Becerra Green (WI) Napolitano Walden nent Death Tax Repeal Act of 2002, and for Ackerman Barcia Bereuter Greenwood Neal Walsh consideration of the resolution. The resolu- Akin Barr Berkley Grucci Nethercutt Wamp Allen Barrett Biggert Gutierrez Ney Watkins (OK) tion shall be considered as read for amend- Baca Bartlett Bilirakis Hall (TX) Northup Watson (CA) ment. The resolution shall be debatable for Baker Barton Bishop Hansen Norwood Watt (NC) one hour equally divided and controlled by Baldacci Bass Blumenauer Harman Nussle Watts (OK) the chairman and ranking minority member

VerDate Sep 04 2002 01:25 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.002 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6377 of the Committee on Ways and Means. The tion, a long-term process. Families fore adjournment on two of the most previous question shall be considered as or- need to know today, and they are enti- meaningful measures this Congress has dered on the resolution to final adoption tled to know today, what taxes the had a chance to enact. Accordingly, without intervening motion. Federal Government plans to impose Mr. Speaker, I urge my colleagues to SEC. 2. Upon the adoption of this resolution it shall be in order to consider in the House on them in the not-very-distant future. support both the rule and the two un- the resolution (H. Res. 525) expressing the For generations now, the death tax derlying resolutions we will consider sense of the House of Representatives that has been a leading cause of the dissolu- later this morning. the 107th Congress should complete action on tion of family-run businesses and farms Mr. Speaker, I reserve the balance of and present to the President, before Sep- all across this country. That not only my time. tember 30, 2002, legislation extending and hurts those families and the workers Mr. FROST. Mr. Speaker, I yield my- strengthening the successful 1996 welfare re- they employ, but in time of economic self such time as I may consume. forms. The resolution shall be considered as distress, the death tax also has an ad- Mr. Speaker, people around the coun- read for amendment. The resolution shall be debatable for one hour equally divided verse effect on our overall economy. try watching this today, people reading among and controlled by the chairmen and Repeal of the death tax will promote the newspapers, may be scratching ranking minority members of the Commit- job creation and economic growth by their heads and saying, What is going tees on Ways and Means and Education and allowing family-owned farms and small on here? What are these people doing? the Workforce. The previous question shall businesses to invest and reinvest in I will tell Members what people on be considered as ordered on the resolution to productive, job-creating expansion the other side are doing: They do not final adoption without intervening motion. with resources they would otherwise want to work; they do not want to do The SPEAKER pro tempore (Mr. spend minimizing and paying Federal anything serious. What are the facts? LATOURETTE). The gentleman from death taxes. Congress is charged to pass 13 appro- Washington (Mr. HASTINGS) is recog- Given the large number of bills priation bills by October 1. The House nized for 1 hour. passed by the House in this session of Representatives, controlled by the Mr. HASTINGS of Washington. Mr. which have not been acted upon by the other party, by the Republican Party, Speaker, for the purpose of debate Senate, it is difficult to explain to our has passed exactly 5 of those 13 bills. only, I yield the customary 30 minutes constituents why Congress has failed Where are the other appropriation to the gentleman from Texas (Mr. to complete action on this critically bills? FROST), pending which I yield myself important measure. Today we have an Mr. Speaker, we never did this when such time as I may consume. During opportunity to send a clear message to we were in charge. We always brought consideration of this resolution, all the American people about the House’s the appropriation bills to the floor so time yielded is for the purpose of de- commitment to act and act now to re- they could then be sent to the Senate bate only. peal this onerous and unfair tax in- and come back in a conference com- (Mr. HASTINGS of Washington asked crease scheduled for 2010. mittee and dealt with in an orderly and was given permission to revise and At the same time, Mr. Speaker, we way. extend his remarks.) have an opportunity today to send a b 1045 Mr. HASTINGS of Washington. Mr. similar clear message about the need Speaker, House Resolution 527 is a for immediate action on equally impor- We have an October 1 deadline for the closed rule providing for the consider- tant legislation passed months ago start of the fiscal year. The other side ation of two House resolutions. The here in the House. On May 16, the refuses to work, refuses to bring appro- rule provides that House Resolution 524 House voted to reauthorize the historic priation matters to the floor. Why are shall be debatable in the House for one welfare reform legislation enacted in they doing this? I can only speculate. hour equally divided and controlled by the 104th Congress in 1996. Perhaps they are trying to shield some the chairman and ranking minority Welfare reform stands as one of the of their vulnerable Members from hav- member of the Committee on Ways and proudest accomplishments of that or ing to cast some tough votes to cut the Means. The resolution shall be consid- any recent Congress. Literally millions budget. These folks on the other side, ered as read for amendment. of American lives have been changed like they say, they want to cut the The rule further provides that House by landmark legislation which has budget and they want to keep spending Resolution 525 shall be debatable in the helped move our most disadvantaged down. If they want to do that, where House for one hour equally divided and citizens from welfare to work. are the other eight appropriations controlled by the chairman and rank- The numbers do not tell the whole bills? Bring them up and let us have a ing minority member of the Committee story, but they are astonishing, none- series of votes. This is probably as irre- on Ways and Means and the Committee theless. In the 5 years since we have sponsible as any action by any leader- on Education and the Workforce. The enacted those reforms, nearly 3 million ship that I have seen in the 24 years resolution shall be considered as read children have left poverty; employ- that I have been in Congress. for amendment. ment by mothers most likely to go on That brings us to today. They do not Mr. Speaker, H. Res. 524 is a resolu- welfare rose by 40 percent; and welfare want to bring appropriation bills to the tion expressing the sense of the House case loads have fallen by 9 million, floor because they are afraid. They are that Congress should complete action from 14 million recipients in 1994 to worried that some of their poor, vul- on, and present to the President before just 5 million today. nerable Members might have to actu- adjournment, the Permanent Death Still, there is much left to do, and ally vote on something, go on the Tax Repeal Act of 2002. Although the these historic reforms simply must be record on some issues, on education House passed this legislation more reauthorized. The States have been full spending, on health care spending, on a than 3 months ago by a vote of 256–171, partners with the Federal Government variety of issues. So what do they do? the other body has yet to take any ac- in this effort, as they should be, and They bring meaningless resolutions to tion on this important measure. they are entitled to know whether we the floor, sense of the Congress resolu- In fact, this legislation is only need- will continue working with them to tions urging the Senate to take action. ed at all because the internal rules of help struggling families help them- Mr. Speaker, the people who should the Senate limit the Death Tax Repeal selves. be acting are the Members of this body. Act enacted into law last year to a pe- As with the Death Tax Repeal, for What has happened here? We come in riod of only 10 years. This means that months the Senate has failed to act on at 6:30 on Tuesday. That is 6:30 p.m., unless we act to make this repeal per- this vitally important measure. Re- not 6:30 a.m., and we vote on a couple manent, in the year 2010 the death tax cently, 50 senators, including 40 Demo- of procedural matters; and then we are will be reimposed on thousands of fami- crats, called for action on a 5-year re- on the floor for a few hours on Wednes- lies, farms and small businesses. authorization of this successful welfare day and we vote on a few things, again Nor can we wait 10 years to provide reform program. Still, no action has noncontroversial matters; and then we much-needed assurance that such a been taken. are on the floor for a few hours on massive tax increase will not be im- Today we can add our voices to those Thursday, and we leave at 3 o’clock on posed. Estate tax planning is, by defini- Senators who are calling for action be- Thursday afternoon. Without having

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A19SE7.004 H19PT1 H6378 CONGRESSIONAL RECORD — HOUSE September 19, 2002 done the people’s business. Shame on Ms. PRYCE of Ohio. Mr. Speaker, I friends and neighbors. They are proud. the other side. Shame on them. rise in strong support of this important We cannot afford to backpedal on the Today, if that is what they want to rule that will allow for consideration of progress that we have made. Too many do, if they do not want to consider ap- these timely resolutions. We on this people have worked too hard to get propriation bills, which we ought to be side of the aisle are very proud of all where they are today. doing, which ought to be the first pri- our timely accomplishments, starting It is time for the Congress to com- ority of this Congress, we have another with our budget. We went on to pass plete action on this reauthorization. suggestion for them. If they are not many, many important items for the The House has answered the call of the willing to take up the appropriation American people: corporate responsi- American people and the President is bills, let us take up some legislation bility, prescription drugs, historic tax waiting to sign this into law. I strongly that actually tries to help some people. relief, welfare reform, pension reform, encourage my colleagues to support Let us take up some legislation dealing and probably most importantly, home- this rule and all the underlying resolu- with the cost of prescription drugs. We land security. tions. have legislation that has in fact al- Mr. Speaker, I am a very strong sup- Mr. FROST. Mr. Speaker, I yield 3 ready passed the Senate dealing with porter of all these things, the death tax minutes to the gentleman from New the generic drug issue. repeal permanency which this measure Jersey (Mr. PALLONE), who is a prime Mr. Speaker, as I said, the underlying includes; but I am here this morning to sponsor of legislation that will actu- resolution made in order under this address an issue that I have been more ally help some people today dealing rule has only one real purpose, and it is closely involved with. More than 4 with the issue of generic drugs. not to help pass a responsible welfare months ago in this very Chamber, the Mr. PALLONE. Mr. Speaker, I have reform bill. It is a sham. Let us take a House of Representatives passed com- great respect for the gentlewoman more positive approach. Let us look at prehensive welfare reform legislation from Ohio, but I could not believe that legislation that the other body has to build on the 1996 historic reforms she would start out by talking about passed, for example, the Prescription that changed the culture of our system the Republicans passing the budget. Drug Fair Competition Act. Today the from one of cyclical dependence across She knows very well that unless you Republican leadership is asking the generations to one of personal respon- pass the appropriation spending bills House to take up meaningless legisla- sibility. This legislation is a culmina- pursuant to that budget, you have not tion that is not going to go anywhere. tion of strong reflection and coopera- done anything. As my colleague from The Prescription Drug Fair Competi- tion between Members of Congress who Texas mentioned, the Republicans have tion bill has the potential to help mil- care passionately about ensuring that only brought up five of the 13 appro- lions of consumers right now. But I do all Americans have the opportunity to priation bills. To suggest that they are not have to tell you that it has not live successful, productive lives. dealing with the budget and the spend- been considered in the House yet, and I Mr. Speaker, much has changed since ing is absurd. They are not. They have do not see any indication that it is on 1996. We have witnessed welfare rolls not dealt with it. They are not bring- the schedule in the immediate future. drop from 14 million to 5 million na- ing up the bills. Right now, millions of seniors pay tionwide. More single mothers are em- But, more important, this morning, too much for vital medicines because ployed than ever before, and nearly 3 this resolution that we are considering big drug companies are boosting their million children have been lifted out of essentially chastises the other body for own profits by keeping lower-cost ge- poverty. Prior to 1996 in my own home not bringing up welfare reform or es- neric drugs off the market. The Wax- State of Ohio, we were passing out wel- tate tax repeal. The bottom line is that man-Brown-Thurman bill, which we fare checks to the tune of $82 million this body, the House, has the oppor- would like the opportunity to bring up every month. Post-reforms, the price tunity under the Republican leadership for a vote since they are not bringing tag has been reduced to less than $27 to pass a very important piece of legis- anything else up for a vote, would stop million, and it is going to those who lation which is sponsored by my col- this abusive practice and reduce the really need the help. In one State league, the gentleman from Ohio (Mr. cost of prescription drugs for millions alone, that is a savings of $50 million. BROWN), and another Republican on the of American senior citizens. In fact, The welfare reform bill we passed in other side, the gentlewoman from Mis- the legislation would reduce total the House some 4 months ago will pro- souri (Mrs. EMERSON), that would deal spending on prescription drugs by $60 tect children by increasing child care with the cost of prescription drugs. We billion over 10 years according to the funding and improving the quality of know that our constituents say that nonpartisan Congressional Budget Of- child care. It will strengthen families the biggest problem that they face is fice. and improve child well-being. And it health care costs and particularly the We are going to ask for a ‘‘no’’ vote encourages States to implement inno- cost of prescription drugs. The other on the previous question, and I will vative programs to offer struggling body has already passed this bill, which talk about this again a little bit later families the tools and resources they is called the Greater Access to Afford- so that we can actually bring this leg- need to secure jobs and provide for able Pharmaceuticals Act, by a 78–21 islation up, legislation that will help their independence. Each one of these vote, overwhelmingly, because they senior citizens right now. But no, the provisions is unique to the House bill know it would save American con- other side, they do not want to do any- and will not become a reality if the en- sumers over $60 billion in prescription thing. They do not want to do this. tire Congress does not finish up its drug costs. Rather than pass sense of They do not want to do appropriation work on reauthorizing welfare reform. Congress resolutions here today that bills. They do not want to be here. As we consider this resolution, only are meaningless, why do the Repub- They want to go home. We all know 11 days remain before the 1996 reforms licans in the House not simply take up there is an election going on and sure expire on September 30. The House of this Senate bill and save American we would like to spend some time with Representatives has done its work. consumers millions of dollars on their our constituents; but our first obliga- Failure to deliver this welfare reform drug costs? tion is to legislate, is to be on the floor reauthorization to the President’s desk This bill, the Senate-passed bill, of this House working, not to be here before the expiration date could send would close the loophole and restore for 21⁄2 days starting at 6:30 on a Tues- the tremendous progress that we have competition in the pharmaceutical day and ending at 3 o’clock on a Thurs- seen since 1996 spiraling backwards market while protecting an inventor’s day. Shame. Shame on the other side. into a sea of dependence. right to legitimate patent protection. Mr. Speaker, I reserve the balance of Over the last 6 years, millions of It deals with patents. It deals with my time. American men and women have over- bringing generics to the market Mr. HASTINGS of Washington. Mr. come adversity, reversed course and re- quicker in order to cut the cost of pre- Speaker, I am pleased to yield 31⁄2 min- built their lives. They have taught scription drugs. Under the bill, once utes to the gentlewoman from Ohio their children about the dignity of hav- the valid patents on a prescription (Ms. PRYCE), a member of the Com- ing a job and providing for their fam- drug expire, competitors can enter the mittee on Rules. ily. They have shared their stories with market and consumers can get lower

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.008 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6379 prices. The reason the savings from stunted hope for some of our most un- The Federal Trade Commission has ac- this bill are so substantial is that com- derprivileged Americans. These knowledged it, the Patent and Trade- petition is the best weapon we have reactionaries want to run out the clock mark Office has acknowledged it, the against overpriced prescription drugs. on welfare reform here today so that President has acknowledged it. But Why is it not happening? It is not they can turn back the clock and re- House leadership and the prescription happening because the pharmaceutical peal those critical welfare reforms. We drug industry are virtually the only industry is giving literally millions of cannot allow that to happen. My an- ones who have not acknowledged it. dollars to the Republicans and the Re- swer to them is that we need to move Why is that? Could it be the millions publican leadership to not bring this forward. of dollars the drug industry gives to bill up, because they do not want it to Congress has a narrow opportunity to Republican Members of Congress? happen. Today in Congress Daily are do something real for our neighbors in Could it be that the drug industry, ads, large ads, full page, by the phar- need. Congress must pass a 5-year wel- using drug industry money through maceutical industry, by PhRMA, the fare reauthorization bill now, before phony ads run through a group called brand-name drug lobby, saying, don’t this program expires. 60–Plus and run through a group called pass this generic bill. In Roll Call there Mr. FROST. Mr. Speaker, I yield my- USA Seniors, that they are running ads is another full-page ad: Don’t pass this self 1 minute. in support of the drug plan that they generic drug bill. Because the pharma- The previous speaker mentioned run- wrote, the drug industry wrote on be- ceuticals are concerned that they are ning out the clock. The Republican half of Republican Members of Con- going to lose money, that the Amer- leadership announced we are not going gress? ican consumer is going to save money to be in session tomorrow and we are Could it be, in the most cynical move and they are going to lose money if we not going to be in session Monday. I have seen in my 10 years in this body, bring up this bill. In fact, it has gotten They have lots of time for this. They the drug industry wrote a bill, a pre- so bad that they are actually pres- just do not have time to actually legis- scription drug bill that really was not suring some of the companies that late. worth very much, pushed it through Congress, gave money to Republican have been lobbying and asking that the b 1100 generic bill come up; they have been Members of Congress, then ran ads, in pressuring them to withdraw their sup- Now, the Republican leadership has the most cynical move imaginable, port for the generic bill. announced that we will not be in ses- thanking those Republican Members of There was another thing today in sion on Friday, we will not be in ses- Congress for voting for it and saying Congress Daily where they are trying sion on the next Monday, and we will that it was an ad written by United to get some of the Republicans who not come back until 6:30 on Tuesday. Seniors Association, but it is actually support this bill to not support the dis- Meanwhile, time is ticking away and funded by the drug industry, which charge petition to bring it up. It is an all Federal agencies are going to run they will not tell you? outrage what the pharmaceutical in- out of money because appropriation The Senate-passed bill, Mr. Speaker, dustry is doing. Let the House Repub- bills have not been passed by this body closes the loopholes the FTC has iden- licans bring this bill up rather than the on September 30. So I would urge them, tified and would deliver more competi- nonsense that they are proposing this if they are very concerned about time, tive prescription drug prices to the morning. that they bring those appropriation American people. There are 3 com- Mr. HASTINGS of Washington. Mr. bills to the floor so our Federal agen- panion measures in the House, any of Speaker, I am pleased to yield 2 min- cies did not run out of money on Octo- which would restore competition in the utes to the gentleman from Pennsyl- ber 1. prescription drug marketplace, saving vania (Mr. ENGLISH). Mr. Speaker, I yield 31⁄2 minutes to consumers $60 billion. Some of those Mr. ENGLISH. Mr. Speaker, while I the gentleman from Ohio (Mr. BROWN). are sponsored by Republicans, but Re- congratulate the other side on their Mr. BROWN of Ohio. Mr. Speaker, I publican leadership will not let those valiant, but unsuccessful, partisan at- thank my friend from Texas for yield- bills come to a vote. Instead, we are tempt to change the subject, I rise on ing me time. passing meaningless resolutions today. behalf of this rule as an opportunity to Mr. Speaker, rather than acting on If the House squanders this oppor- put the House on notice and put the bills that actually help the American tunity, we will likely go home without House on record that we need to move people in some way, Republican leader- providing any kind of prescription drug right now on welfare reform. This re- ship is focusing on meaningless resolu- relief to seniors and others who des- form is the most important social re- tions that chastise the other body for perately need that help. form that Congress has achieved since not taking action on measures the Mr. Speaker, I urge the House to per- I came here in 1994, and right now it is House has passed. If we had sent the mit consideration. I urge Republican at risk. Welfare caseloads under our other body decent legislation, rather leadership to allow us to vote and to initiative have fallen by 60 percent to than bad ideas, the situation might be take House action now on legislation their lowest levels since 1965. Nine mil- different. I am thinking of the Repub- to stop the brand name and generic lion recipients have gone from welfare lican crown jewel, a Medicare drug cov- drug industry from blocking this legis- to work, from dependency to independ- erage bill so grossly inadequate, writ- lation and stop their shenanigans, to ence. We have learned from this suc- ten by the drug companies, that it is an bring prescription drug prices down, cess that we can help people bootstrap insult to Medicare beneficiaries and to something we could do today in this themselves and become self-reliant and their families. But that is another body. The other body passed this legis- proud. We have reaffirmed that the story. lation. If it dies in the House, the Re- welfare system is supposed to provide a Fair is fair, Mr. Speaker. Before Re- publican leadership can congratulate safety net, not a hammock. publican leadership demonizes the themselves for successfully catering to Mr. Speaker, it has been 4 months other body, they might want to rid the the drug industry again and again and since the House passed the Personal skeletons from their own closet. The again at the expense of the American Responsibility, Work, and Family Pro- other body, for instance, passed legisla- public. tection Act reauthorizing these re- tion that finally does something about Mr. HASTINGS of Washington. Mr. forms. We passed this bipartisan bill out-of-control prescription drug prices, Speaker, I am pleased to yield 2 min- which would build upon the success of and did so in a responsible, bipartisan utes to the gentleman from Kansas the past 6 years by improving day care manner. But Republican leadership in (Mr. RYUN). and increasing opportunity. We this House has blocked even a vote on Mr. RYUN of Kansas. Mr. Speaker, in strengthened the welfare system by that legislation, which will save Amer- 1996 Congress set out on an ambitious making it less permissive, but at the ican consumers, mostly the elderly, $60 plan to transform welfare from a pro- same time providing real incentives to billion. gram that kept people dependent upon work. Sadly, some on the left would Brand and generic drug companies government handouts to a structure rather go back to the days of welfare alike exploit loopholes in the laws to that empowers people on their own to dependency, limited opportunity, and block competition in the marketplace. be self-sufficient.

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.010 H19PT1 H6380 CONGRESSIONAL RECORD — HOUSE September 19, 2002 Today, I believe we can declare wel- ministration has committed to spend- On top of that, you talk about welfare reform a huge success. Consider ing more than half a trillion dollars fare reform. It is in the Senate. Today these facts: The poverty gap for fami- over the next 10 years between the war it is my understanding that the Senate lies with children has decreased by in Afghanistan, the war they want to was going to be talking about home- over $4 billion since 1996. Hunger have in Iraq, running Iraq, running Af- land security, which you have also among children has been cut in half, ghanistan, homeland security, and a criticized them for. There are only so and the poverty rate for African Amer- lot of other things. The result is that many hours in a day. I think they are ican children is at its lowest point in there is not enough money to fund the going to get to welfare reform, but U.S. history. Government even at what I would con- while they are getting to all these Success stories abound. One of my sider the minimal level that many of issues that you are talking about, constituents, Dorothy, reports that the Republicans want. So here is the there ought to be a debate on them, when she was hit hard several years problem. We have the intellectually which is what the Senate is trying to ago, she participated in an innovative consistent Republicans who, having do. So in saying all of that, here we program designed to help people be- voted for a tax cut, are prepared to are, that was just mentioned by the come more self-sufficient. Once on the make substantial reductions in the ap- previous speaker. We have got a situa- verge of bankruptcy, she is now em- propriations bills. We have many of us tion here in the House where we cannot ployed and regularly contributes to a on the Democratic side who thought get the Health and Human Services bill savings account in hopes that one day, the tax cut went too far and we do not up. So any welfare reform that is done one day, she will be owning a home. support such drastic restrictions as on paper is meaningless unless we have The House passed H.R. 4737 to reau- shutting down efforts to clean up the money to back it up. And right now thorize the welfare reform program Superfund sites or taking away funds we have nothing because we have no last May. The Senate has not acted on from public housing or reducing other HHS bill that would provide those dol- it. All of us on Capitol Hill must con- important funds, but then we have the lars. tinue on the path of reform by working bulk of the Republican Party. They So what are we trying to do on this together to send a welfare reform au- voted for a tax cut which reduced reve- side? We are trying to talk about an- thorization to the President this nues, but they will not support appro- other piece of legislation that has priations bills that reflect the revenue month. passed the Senate. We cannot have a Support the rule and give our con- reductions. So what do they do? They blame game. You criticize them for not stituents the well-deserved opportunity do not pass anything. There is a split passing something. Then you come to have a hand up, not a handout. between the Republican party, between over here and we will say to you, guess Mr. FROST. Mr. Speaker, I yield 3 the intellectually honest conservatives what, there is a piece of legislation minutes to the gentleman from Massa- who voted for a tax cut and are pre- that every one of us would be best to be pared to reduce spending, and the rest chusetts (Mr. FRANK). able to go home and talk about, and of the Republicans who said, wait a Mr. FRANK. Mr. Speaker, first of all, that is the generic drug bill. And by minute, you must be kidding. We can- I would be more impressed with my the way, that does not cost us anything not reduce spending to that level. We colleagues on the other side and their but it saves $60 billion over the next 10 cannot let the American people know commitment to a full deliberation of years on making sure that we have ge- what the true consequences of our tax the welfare bill if they had not used neric drugs coming to our constituents. their power in the rules to shut off ade- cut are. So how do we deal with this? So what is happening here is that we quate effort in this House when we de- We do not vote on an appropriations have a bill that has been prepared and bill for the Department of Health and bated welfare to address one of its passed on a bipartisan vote in the Sen- Human Services. We do not vote on an great defects, child care. They would ate on generic drugs that now could be education bill. They are going to give not allow an amendment which I think over here, picked up, passed. We could us a big CR, a big continuing resolu- would have passed if they had given us go home and not talking about it cost- tion. a chance to vote on it, which is why I can remember Ronald Reagan ing the Federal Government anything. they would not, which would have ex- standing here waving a continuing res- But, no, we are not doing that. I was home in August. I was out panded child care as part of welfare. olution and decrying it. I guess this is But we are not just talking about there every day, and I talked to the the birthday present that Ronald people in my district, and I just want welfare. As I listen to the Members on Reagan gets this year, a complete repu- to talk about a couple of people that the other side complaining that a legis- diation of his denunciation of con- lative body is not doing its work, this tinuing resolutions by a Republican see people every day. We had Rick is the end of September. We have not Party incapable of appropriating. Limehouse, who is a pharmacist at the passed an appropriations bill for the Mr. FROST. Mr. Speaker, I yield 5 Pill Box Pharmacy in Clermont, and he Department of Health and Human minutes to the gentlewoman from said he is appalled at the escalating Services or Education or Labor or Florida (Mrs. THURMAN). cost of medication just in the 2 years Transportation or Housing and Urban Mrs. THURMAN. Mr. Speaker, I he has been in business. Because of the Development or the Environmental thank the gentleman from Texas (Mr. public outcry against these rising Protection Administration. FROST) for yielding me this time. costs, he said that some drug compa- The gentleman from Ohio talked This debate today is on a rule that is nies have started to offer discount about September 30 being the date to bring a sense of Congress on two cards that discount what the pharmacy when the welfare bill expires. The issues that in fact this House has can charge but not what the pharmacy whole Government expires on Sep- passed, the estate tax and the welfare pays for the medication. At the same tember 30 and they have not passed any reform. I do not know that we would be time, the manufacturers continue to bill for the domestic agencies. Listen- having this debate on the sense of Con- raise the price of their medication at a ing to people who have that record of gress if in fact there could have been rate beyond anything that can be at- nonfeasance complain that somebody an opportunity for us to sit down and tributed to inflation. The generic bill, else is not getting its work done, I feel compromise on the estate tax. We getting these drugs to the market, like I kind of wandered into a nudist could have looked at the $6 million would be helpful. colony and somebody complained that that we tried to offer as an alternative Pharmacist Ken Norfleet of I was not wearing a tie. I have never on this floor at 99.7 percent of the de- Brooksville said, ‘‘Every day,’’ and we seen a more bizarre example of people bate which was about small businesses just do not happen to see this every trying to object to a fault that they and farmers, and the numbers show day, ‘‘we see people coming into the are themselves guilty of. that in fact that $6 million would have pharmacy who decide not to buy their We all understand, by the way, why done that. No. Instead, we have got to prescriptions,’’ or that they are cutting we do not have appropriations bills. We worry about how we are going to cover their dosages in half because they can- have a split in the Republican Party. for Ken Lay and his wealthy friends. not afford the high cost. And what are We voted in 2001 a very large tax cut. And I have got to say that just does they doing? They are jeopardizing their Since we voted that tax cut, this ad- not get it with me. health and their well-being.

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.012 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6381 I would call upon my colleagues from the associations that represent senior There was no objection. the other side. There is a discharge pe- citizens want, and it is what the older Mr. FROST. Mr. Speaker, I urge a tition down here that does not say only people of our country want. They want ‘‘no’’ vote on the previous question, Democrats can sign. It says House an entitlement program under Medi- and I yield back the balance of my Members can sign, Members of Con- care for prescription drugs. You refuse time. gress. How about if we cannot take to bring that bill out. Why? Because Mr. HASTINGS of Washington. Mr. home the appropriations bill and we you are the great beneficiaries of the Speaker, I am pleased to yield such have to talk about continuing resolu- largesse of the pharmaceutical compa- time as he may consume to the distin- tions? How about at least let us take nies. They have made enormous con- guished gentleman from California home one present to them. Let us at tributions to the Republican Party in (Mr. DREIER), the chairman of the Com- least show them that we are concerned this House in order to keep this bill mittee on Rules. about their cost of medications. Let us from getting to the floor. (Mr. DREIER asked and was given at least have the stomach to stand So instead of telling the Senate what permission to revise and extend his re- here, sign that petition that says we they need to do, let us deal with our marks.) are willing to cost not only to seniors own business right here in this House. Mr. DREIER. Mr. Speaker, I thank but to all families on generic drugs. Mr. FROST. Mr. Speaker, I yield my- my friend, the gentleman from Wash- That would be a gift to them. And as self such time as I may consume. ington (Mr. HASTINGS), for yielding me we go through the tax cuts and talk It is with deep regret that I observe this time, and I congratulate him on about these things, I hope we all will the timidity on the other side. We have his management on what clearly is a remember what Mr. Lindsey said about two great political parties in this coun- very important measure here. It has the war, that it is $100 billion. We are try. We want to join the issues. We been mischaracterized by my friends on already into deficit spending. Do you want to enter into debate on this floor. the other side of the aisle, but we are not think we should be talking to our We want to cast votes. We know that very proud of what we have been able constituents about not leaving this we do not necessarily have the votes to accomplish in this 107th Congress. It debt to our children and our grand- here; they are in the majority, they is clear that Republicans are in the children? probably can pass anything they want majority, but we have what is today a to, but we want the opportunity to de- six-vote majority. It is extraordinarily 1115 b bate and consider legislation. They are narrow, but we have been able to work Mr. HASTINGS of Washington. Mr. denying us this opportunity, not just in a bipartisan way to address the Speaker, I want to advise my friend, with this generic drug legislation that issues that we are going to be bringing the gentleman from Texas (Mr. FROST), we would like to bring up today, but up once we pass this rule. that I just have one speaker to close, the legislation that funds the Govern- It was with bipartisan support that so I will reserve my time. ment of the United States. we brought about reform of the welfare Mr. FROST. Mr. Speaker, I yield 2 Mr. Speaker, it is a sad day for the system. It is with bipartisan support minutes to the gentleman from New country, quite frankly, that the Repub- that we passed repeal of the death tax. York (Mr. HINCHEY). lican Party has become so timid that It is with bipartisan support, Mr. Mr. HINCHEY. Mr. Speaker, I just they want to show up at 6:30 on Tues- Speaker, that we were able to bring wanted to remind us all that it is inter- day and leave at 3 o’clock on Thursday about pension reform. These are meas- esting to have resolutions on the floor because they do not want their Mem- ures that Democrats and Republicans that recommend action by the other bers to have to vote on tough issues. alike supported in this body, and we body, but the important thing is for us We are paid, hired by the American are very proud that we were able to to do our work here. people, and paid to show up here, to provide, under the leadership of Speak- I am a member of the Committee on work a full week, and to take tough er HASTERT, the encouragement and Appropriations. We have eight of the 13 votes, and if they are not willing to the direction and the momentum to get appropriations bills which have been take tough votes, if they are not will- these measures through. dealt with by the committee, but ing to bring matters to the floor, then Now, we have done this along with which have not been put out here on perhaps it is time for someone else to our work on the appropriations bills. the floor to be dealt with by the full be in charge. Mr. Speaker, I think that it is impor- body. Why is that? The main reason is Mr. Speaker, if the previous question tant for us to note that in the past because the leadership of this House is defeated, I will offer an amendment when our friends on the other side of has taken an approach to fiscal policy to the rule. My amendment will pro- the aisle controlled this body, we had, which is totally unreasonable and un- vide that immediately after the House in fact, continuing resolutions. We realistic. This is not anything new; it passes these do-nothing resolutions, it have always gone through challenges has been going on now for a couple of will take up the Prescription Drug Fair when we have dealt with the appropria- years. My Republican colleagues have Competition Act of 2002, H.R. 5272. My tions process. Where are we today? taken us from a situation within the amendment provides that the bill will Well, this House has passed five appro- Federal budget of growing surpluses to be considered under an open amend- priations bills, appropriations bills now deepening deficits, and they do not ment process so that all Members will that deal with both domestic and inter- know how to deal with it. They do not be able to fully debate and offer national issues and our national secu- know how to solve the problem that amendments to this critical bill. It is rity issues as well. We have passed the they have created for the people of this time for the House to do its work and Interior appropriations. We have country with growing deficits in the pass legislation to help the American passed the Treasury-Postal appropria- Federal budget. They cannot fund the people, not simply play blame games. tions bill, both of which have measures necessary things that need to be done. A ‘‘no’’ vote on the previous question that deal with domestic issues here. We In addition to that, there is a whole will allow the House to take up this have passed the Military Construction host of issues that are crying out for bill and provide much-needed relief for appropriations bill. We have passed the attention; most notably, a prescription the high cost of prescription drugs. Department of Defense appropriations drug program which will allow the sen- However, a ‘‘yes’’ vote on the previous bill, and we have passed the Legislative ior citizens of this country to get the question will prevent the House from Branch appropriations bill, obviously medication they need to restore them- taking up a bill that actually makes a dealing with this institution, dealing selves to health and to maintain their difference. with the very important security here health. We have a good bill. Mr. Speaker, I ask unanimous con- in the Capitol. If we want to talk about something sent that the text of the amendment be So we are very proud of the fact that the Senate has done, they have passed printed in the RECORD immediately be- we have been able to pass these appro- a good bill. Their bill provides for a fore the vote on the previous question. priations bills, and we know, Mr. prescription drug program as an enti- The SPEAKER pro tempore (Mr. Speaker, that we have even more work tlement under Medicare. That is what LATOURETTE). Is there objection to the that the committee has done, the Com- the AARP wants, that is what all of request of the gentleman from Texas? mittee on Appropriations, dealing with

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.013 H19PT1 H6382 CONGRESSIONAL RECORD — HOUSE September 19, 2002 the Energy and Water appropriations reaffirm our support for permanent re- tion of the resolution, and then on the bill, the Foreign Operations appropria- peal of the death tax, which has been motion to suspend the rules and pass tions bill. As we sit here debating these pointed out by my colleagues, again, in House Resolution 523 postponed from issues, our colleagues should know, Mr. a bipartisan way, how punitive this is, yesterday. Speaker, that the members of the Com- how it hurts economic growth and it The vote was taken by electronic de- mittee on Appropriations and the lead- stifles the progress that small busi- vice, and there were—yeas 214, nays ership is working together on these nesses and family farms have been able 202, not voting 16, as follows: issues. So we hope very much that we to make. [Roll No. 397] I also believe that when we look at are going to be able to complete as YEAS—214 many of these measures as possible. the benefits with 7 million people hav- The resolution that we are dealing ing, since 1996, come off of the welfare Aderholt Graham Pickering Akin Granger Pitts with today, in fact, is focused on the rolls, the ability that we are going to Armey Graves Platts accomplishments, the accomplish- have to strengthen that. We need to re- Baker Green (WI) Pombo ments of the 107th Congress. We have affirm our support from this institu- Ballenger Greenwood Portman Barr Grucci passed a prescription drug bill from the tion for that very important welfare Pryce (OH) Bartlett Gutknecht Putnam United States House of Representa- reform. Barton Hansen Quinn tives. We have been able to provide tax So, Mr. Speaker, I urge strong sup- Bass Hart Radanovich port of this rule and for these resolu- Bereuter Hastings (WA) Ramstad relief to middle income wage-earners in Biggert Hayes this country providing child care bene- tions so that we can, in fact, move Regula Bilirakis Hayworth Rehberg fits and repeal of the marriage tax pen- ahead with our very important work. Blunt Hefley Reynolds alty. We have been able to deal with a The amendment previously referred Boehlert Herger Riley Boehner Hobson ROST Rogers (KY) wide range of issues in a bipartisan to by Mr. F is as follows: Bonilla Hoekstra Rogers (MI) way again, Mr. Speaker, since the trag- At the end of the resolution add the fol- Bono Holt Rohrabacher lowing new sections: Boozman Horn edy of a year ago on September 11. We Ros-Lehtinen SEC. . Notwithstanding any other provi- Brady (TX) Hostettler Royce have been able to pass a supplemental Brown (SC) Houghton sion in this resolution, immediately after Ryan (WI) appropriations bill that has helped us disposition of resolution H. Res. 525, the Burr Hulshof deal with our national security. We Burton Hunter Ryun (KS) Speaker shall declare the House resolved Saxton have been able to come together and Buyer Hyde into the Committee of the Whole House on Callahan Isakson Schaffer work on a wide range of issues to com- the state of the Union for consideration of Calvert Issa Schrock bat this war on terrorism. Those things the bill (H.R. 5272) to amend the Federal Camp Istook Sensenbrenner have been done in a bipartisan way. Food, Drug, and Cosmetic Act to provide Cannon Johnson (CT) Sessions greater access to affordable pharma- Cantor Johnson (IL) Shadegg So that is why it is very troubling, Shaw ceuticals. The first reading of the bill shall Capito Johnson, Sam Mr. Speaker, to hear my colleagues on Shays be dispensed with. All points of order against Castle Jones (NC) the other side of the aisle talk about Chabot Keller Sherwood consideration of the bill are waived. General the fact that we have not acted. Yes, Chambliss Kelly Shimkus debate shall be confined to the bill and shall Coble Kennedy (MN) Shuster there continues to be more work to do. not exceed one hour equally divided and con- Collins Kerns Simmons But we have been able, as I said, to get trolled by the chairman and ranking minor- Combest King (NY) Simpson these measures out of the House of ity member of the Committee on Energy and Cox Kingston Skeen Representatives and, unfortunately, Commerce. After general debate the bill Crane Kirk Smith (MI) shall be considered for amendment under the Crenshaw Knollenberg Smith (NJ) the Senate has not taken up a number Cubin Kolbe Smith (TX) five-minute rule. The bill shall be considered of these measures. Culberson LaHood Souder Mr. FRANK. Mr. Speaker, will the as read. At the conclusion of consideration of Cunningham Latham Stearns gentleman yield? the bill for amendment the Committee shall Davis, Jo Ann LaTourette Sullivan rise and report the bill to the House with Davis, Tom Leach Mr. DREIER. I yield to the gen- Sununu such amendments as may have been adopted. Deal Lewis (CA) Sweeney tleman from Massachusetts. The previous question shall be considered as DeLay Lewis (KY) Tancredo Mr. FRANK. Mr. Speaker, the gen- ordered on the bill and amendments thereto DeMint Linder Tauzin tleman said with regard to the appro- Diaz-Balart LoBiondo Taylor (NC) to final passage without intervening motion Doolittle Lucas (OK) priations bills, well, the committee has except one motion to recommit with or with- Terry Dreier Manzullo Thomas out instructions. done them. Why would we be taking 5 Duncan McCrery Thornberry days off now if the committee has, as SEC. . If the Committee of the Whole rises Dunn McHugh Thune Ehlers McInnis and reports that it has come to no resolution Tiahrt he said, passed these appropriations Ehrlich McKeon on the bill, then on the next legislative day Tiberi bills? Why are they not on the floor? Emerson Mica the House shall, immediately after the third Toomey English Miller, Dan Why do we not get those appropria- Upton day order of business under clause 1 of rule Everett Miller, Gary tions bills that the committee has al- Vitter XIV, resolve into the Committee of the Ferguson Miller, Jeff ready voted on? Whole for further consideration of that bill. Flake Moran (KS) Walden Walsh Mr. DREIER. If I could reclaim my Mr. HASTINGS of Washington. Mr. Fletcher Morella time, Mr. Speaker, I would say that we Foley Myrick Wamp Speaker, I yield back the balance of Forbes Nethercutt Watkins (OK) have been able to pass these five appro- my time, and I move the previous ques- Fossella Ney Watts (OK) priations bills and we are working to tion on the resolution. Frelinghuysen Northup Weldon (FL) move these measures forward. These The SPEAKER pro tempore. The Gallegly Norwood Weldon (PA) measures that we have, and I have Ganske Nussle Weller question is on ordering the previous Gekas Osborne Whitfield yielded and I am going to close the de- question. Gibbons Ose Wicker bate here now, we have had, in fact, The question was taken; and the Gilchrest Otter Wilson (NM) these other very important measures Speaker pro tempore announced that Gilman Paul Wilson (SC) Goode Pence Wolf that need to be reaffirmed here with the ayes appeared to have it. Goodlatte Peterson (PA) Young (AK) this measure that we have, and we are Mr. FROST. Mr. Speaker, I object to Goss Petri Young (FL) going to continue to work on this ap- the vote on the ground that a quorum NAYS—202 propriations process, and that is our is not present and make the point of job and we are going to continue to do Abercrombie Berman Capuano order that a quorum is not present. Ackerman Berry Cardin it. The SPEAKER pro tempore. Evi- Allen Bishop Carson (OK) So let me say, Mr. Speaker, I have al- dently a quorum is not present. Andrews Blumenauer Clay ready yielded, I am going to close the The Sergeant at Arms will notify ab- Baca Bonior Clayton Baird Borski Clement debate now so that we can move ahead sent Members. Baldacci Boswell Clyburn with the vote on the previous question Following the vote on the previous Baldwin Boucher Condit and so that we can then move ahead question, pursuant to clause 9 of rule Barcia Boyd Conyers with these very important measures. XX, the Chair will reduce to 5 minutes Barrett Brady (PA) Costello Becerra Brown (FL) Coyne Let me say, Mr. Speaker, that I believe the minimum time for electronic vot- Bentsen Brown (OH) Cramer that it is the right thing for us to do to ing, if ordered, on the question of adop- Berkley Capps Crowley

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.015 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6383 Cummings Kind (WI) Phelps [Roll No. 398] Hastings (FL) Mascara Roybal-Allard Davis (CA) Kleczka Pomeroy Hill Matheson Sabo Davis (FL) Kucinich Price (NC) AYES—213 Hilliard Matsui Sanchez Davis (IL) LaFalce Rahall Aderholt Goss Petri Hinchey McCarthy (MO) Sanders DeFazio Lampson Rangel Akin Graham Pickering Hinojosa McCarthy (NY) Sandlin DeGette Langevin Reyes Armey Granger Pitts Hoeffel McCollum Sawyer Delahunt Lantos Rivers Baker Graves Platts Holden McDermott Schakowsky DeLauro Larsen (WA) Rodriguez Ballenger Green (WI) Pombo Holt McGovern Schiff Deutsch Larson (CT) Roemer Honda McIntyre Barr Greenwood Portman Scott Dicks Lee Ross Hooley McKinney Bartlett Grucci Pryce (OH) Serrano Dingell Levin Rothman Hoyer McNulty Barton Gutknecht Putnam Sherman Doggett Lewis (GA) Roybal-Allard Bass Hansen Quinn Israel Meehan Dooley Lipinski Rush Jackson (IL) Meek (FL) Shows Bereuter Harman Radanovich Skelton Doyle Lofgren Sabo Biggert Hart Ramstad Jackson-Lee Meeks (NY) Slaughter Edwards Lowey Sanchez Bilirakis Hastings (WA) Regula (TX) Menendez Smith (WA) Engel Lucas (KY) Sanders Blunt Hayes Rehberg Jefferson Millender- Snyder Eshoo Luther Sandlin Boehlert Hayworth Reynolds John McDonald Etheridge Lynch Sawyer Boehner Hefley Riley Johnson, E. B. Mollohan Solis Evans Maloney (CT) Schakowsky Bonilla Herger Rogers (KY) Jones (OH) Moore Spratt Farr Maloney (NY) Schiff Bono Hobson Rogers (MI) Kanjorski Moran (VA) Stenholm Fattah Markey Scott Boozman Hoekstra Rohrabacher Kaptur Murtha Strickland Filner Mascara Serrano Brady (TX) Horn Ros-Lehtinen Kennedy (RI) Nadler Stupak Ford Matheson Sherman Brown (SC) Hostettler Royce Kildee Napolitano Tanner Frank Matsui Shows Burr Houghton Ryan (WI) Kilpatrick Neal Tauscher Frost McCarthy (MO) Skelton Burton Hulshof Ryun (KS) Kind (WI) Oberstar Taylor (MS) Gonzalez McCarthy (NY) Slaughter Buyer Hyde Saxton Kleczka Obey Thompson (CA) Gordon McCollum Smith (WA) Callahan Isakson Schaffer Kucinich Olver Thompson (MS) Green (TX) McDermott Snyder Calvert Issa Schrock LaFalce Ortiz Thurman Gutierrez McGovern Solis Camp Istook Sensenbrenner Lampson Owens Tierney Hall (TX) McIntyre Spratt Cannon Johnson (CT) Sessions Langevin Pallone Towns Harman McNulty Stark Lantos Pascrell Cantor Johnson (IL) Shadegg Turner Hastings (FL) Meehan Stenholm Larsen (WA) Pastor Capito Johnson, Sam Shaw Udall (CO) Hill Meek (FL) Strickland Larson (CT) Pelosi Castle Jones (NC) Shays Udall (NM) Hilliard Meeks (NY) Stupak Chabot Keller Sherwood Lee Peterson (MN) Hinchey Menendez Tanner Levin Phelps Velazquez Chambliss Kelly Shimkus Visclosky Hinojosa Millender- Tauscher Coble Kennedy (MN) Shuster Lewis (GA) Pomeroy Hoeffel McDonald Taylor (MS) Lipinski Price (NC) Waters Collins Kerns Simmons Watson (CA) Holden Mollohan Thompson (CA) Combest King (NY) Simpson Lofgren Rahall Watt (NC) Honda Moore Thompson (MS) Cox Kingston Skeen Lowey Rangel Waxman Hooley Moran (VA) Thurman Crane Kirk Smith (MI) Lucas (KY) Reyes Weiner Hoyer Murtha Tierney Crenshaw Knollenberg Smith (NJ) Luther Rivers Inslee Nadler Towns Cubin Kolbe Smith (TX) Lynch Rodriguez Wexler Israel Napolitano Turner Culberson LaHood Souder Maloney (CT) Roemer Woolsey Jackson (IL) Neal Udall (CO) Cunningham Latham Stearns Maloney (NY) Ross Wu Jackson-Lee Oberstar Udall (NM) Davis, Jo Ann LaTourette Sullivan Markey Rothman Wynn (TX) Obey Velazquez Davis, Tom Leach Sununu NOT VOTING—19 Jefferson Olver Visclosky Deal Lewis (CA) Sweeney John Ortiz Watson (CA) DeLay Lewis (KY) Tancredo Bachus Hilleary Payne Johnson, E. B. Owens Watt (NC) DeMint Linder Tauzin Blagojevich Hunter Roukema Jones (OH) Pallone Waxman Diaz-Balart LoBiondo Taylor (NC) Bryant Inslee Rush Kanjorski Pascrell Weiner Doolittle Lucas (OK) Terry Carson (IN) Jenkins Stark Kaptur Pastor Wexler Dreier Manzullo Thomas Cooksey Miller, George Stump Kennedy (RI) Payne Woolsey Duncan McCrery Thornberry Gephardt Mink Kildee Pelosi Wu Dunn McHugh Thune Gillmor Oxley Kilpatrick Peterson (MN) Wynn Ehlers McInnis Tiahrt 1200 Ehrlich McKeon Tiberi b NOT VOTING—16 Emerson Mica Toomey Mr. CRAMER changed his vote from Bachus Gillmor Oxley English Miller, Dan Upton ‘‘aye’’ to ‘‘no.’’ Blagojevich Hilleary Roukema Everett Miller, Gary Vitter So the resolution was agreed to. Bryant Jenkins Ferguson Miller, Jeff Walden Stump The result of the vote was announced Carson (IN) McKinney Waters Flake Moran (KS) Walsh Cooksey Miller, George Fletcher Morella Wamp as above recorded. Gephardt Mink Foley Myrick Watkins (OK) A motion to reconsider was laid on Forbes Nethercutt Watts (OK) the table. Fossella Ney Weldon (FL) b 1150 Frelinghuysen Northup Weldon (PA) f Gallegly Norwood Weller Ms. LEE and Messrs. HONDA, Ganske Nussle Whitfield PERSONAL EXPLANATION SPRATT, RAHALL, EVANS, HILL- Gekas Osborne Wicker Mr. BACHUS. Mr. Speaker, on Thursday IARD and FORD changed their vote Gibbons Ose Wilson (NM) Gilchrest Otter Wilson (SC) September 19th I missed rollcall vote Nos. from ‘‘yea’’ to ‘‘nay.’’ Gilman Paul Wolf 396, 397 and 398 due to chairing a hearing on So the previous question was ordered. Goode Pence Young (AK) terrorism with FBI Director Mueller testifying. If Goodlatte Peterson (PA) Young (FL) The result of the vote was announced I had been present, I would have voted ‘‘aye’’ as above recorded. NOES—200 on each of these votes. The SPEAKER pro tempore (Mr. Abercrombie Brown (FL) DeLauro f LATOURETTE). The question is on the Ackerman Brown (OH) Deutsch RECOGNIZING CONTRIBUTIONS OF Allen Capps Dicks resolution. Andrews Capuano Dingell HISTORICALLY BLACK COLLEGES The question was taken; and the Baca Cardin Doggett AND UNIVERSITIES Speaker pro tempore announced that Baird Carson (OK) Dooley Baldacci Clay Doyle The SPEAKER pro tempore (Mr. the ayes appeared to have it. Baldwin Clayton Edwards LATOURETTE). The unfinished business RECORDED VOTE Barcia Clement Engel is the question of suspending the rules Barrett Clyburn Eshoo and agreeing to the resolution, H. Res. Mr. FROST. Mr. Speaker, I demand a Becerra Condit Etheridge recorded vote. Bentsen Conyers Evans 523. The Clerk read the title of the resolu- A recorded vote was ordered. Berkley Costello Farr Berman Coyne Fattah tion. The SPEAKER pro tempore. This Berry Cramer Filner The SPEAKER pro tempore. The will be a 5-minute vote, followed by a 5- Bishop Crowley Ford Blumenauer Cummings Frank question is on the motion offered by minute vote on the motion to suspend Bonior Davis (CA) Frost the gentleman from Ohio (Mr. the rules on H. Res. 523. Borski Davis (FL) Gonzalez BOEHNER) that the House suspend the The vote was taken by electronic de- Boswell Davis (IL) Gordon rules and agree to the resolution, H. Boucher DeFazio Green (TX) vice, and there were—ayes 213, noes 200, Boyd DeGette Gutierrez Res. 523, on which the yeas and nays not voting 19, as follows: Brady (PA) Delahunt Hall (TX) are ordered.

VerDate Sep 04 2002 01:25 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A19SE7.005 H19PT1 H6384 CONGRESSIONAL RECORD — HOUSE September 19, 2002 This will be a 5-minute vote. Oberstar Royce Tauscher The text of House Resolution 525 is as Obey Rush Tauzin follows: The vote was taken by electronic de- Olver Ryan (WI) Taylor (MS) vice, and there were—yeas 413, nays 0, Ortiz Ryun (KS) Taylor (NC) H. RES. 525 not voting 19, as follows: Osborne Sabo Terry Whereas the 1996 welfare reform law (P.L. Ose Sanchez [Roll No. 399] Thomas 104–193), approved by large bipartisan majori- Otter Sanders Thompson (CA) Owens Sandlin ties of the House of Representatives and of YEAS—413 Thompson (MS) the Senate, has delivered dramatic results by Pallone Sawyer Thornberry Abercrombie DeLauro John Pascrell Saxton promoting record increases in work and Thune Ackerman DeLay Johnson (CT) Pastor Schaffer earnings among current and former welfare Thurman Aderholt DeMint Johnson (IL) Paul Schakowsky Tiahrt recipients, reducing the number of children Akin Deutsch Johnson, E. B. Payne Schiff Allen Diaz-Balart Johnson, Sam Tiberi in poverty by nearly 3,000,000 and achieving Pelosi Schrock record low rates of child poverty among Afri- Andrews Dicks Jones (NC) Pence Scott Tierney Armey Dingell Jones (OH) Peterson (MN) Sensenbrenner Toomey can-American children and children raised Baca Doggett Kanjorski Peterson (PA) Serrano Towns by single mothers, and lifting 3,000,000 fami- Bachus Dooley Kaptur Petri Sessions Turner lies from welfare dependence as part of a de- Baird Doolittle Keller Phelps Shadegg Udall (CO) cline in national welfare rolls of more than Baker Doyle Kelly Pickering Shaw Udall (NM) 50 percent; Baldacci Dreier Kennedy (MN) Pitts Sherman Upton Baldwin Duncan Kennedy (RI) Whereas despite these unprecedented Platts Sherwood Velazquez gains, 2,000,000 low-income families remain Ballenger Dunn Kerns Pombo Shimkus Visclosky Barcia Edwards Kildee Pomeroy Shows Vitter dependent on welfare, challenging the Con- Barr Ehlers Kilpatrick Portman Shuster Walden gress to build upon that success by putting Barrett Ehrlich Kind (WI) Price (NC) Simmons Walsh even more Americans on the path to self-re- Bartlett Emerson King (NY) Pryce (OH) Simpson Wamp liance; Barton Engel Kingston Putnam Skeen Waters Whereas changes to the law are needed to Bass English Kirk Quinn Skelton Watkins (OK) Becerra Eshoo Kleczka better promote the creation and mainte- Radanovich Slaughter Watson (CA) Bentsen Etheridge Knollenberg nance of strong two-parent families, includ- Rahall Smith (MI) Watt (NC) Bereuter Evans Kolbe Ramstad Smith (NJ) ing healthy married families, in order to en- Berkley Everett Kucinich Watts (OK) hance child and family well-being; Rangel Smith (TX) Waxman Berman Farr LaHood Regula Smith (WA) Whereas further changes are needed to im- Weiner Berry Fattah Lampson Rehberg Snyder prove the quality and availability of child Weldon (FL) Biggert Ferguson Langevin Reyes Solis Weldon (PA) care, since the experiences of young children Bilirakis Filner Lantos Reynolds Souder Bishop Flake Larsen (WA) Wexler greatly affect their success in school; Riley Spratt Whereas the House of Representatives, on Blumenauer Fletcher Larson (CT) Rivers Stark Whitfield Blunt Foley Latham Rodriguez Stearns Wicker May 16, 2002, passed H.R. 4737, the Personal Boehlert Forbes LaTourette Roemer Stenholm Wilson (NM) Responsibility, Work, and Family Promotion Boehner Ford Leach Rogers (KY) Strickland Wilson (SC) Act of 2002, which includes needed enhance- Bonilla Fossella Lee Rogers (MI) Stupak Wolf ments proposed by the President and extends Bonior Frank Levin Rohrabacher Sullivan Woolsey and strengthens reforms for the coming five Bono Frelinghuysen Lewis (CA) Ros-Lehtinen Sununu Wu Boozman Gallegly Lewis (GA) years; Ross Sweeney Wynn Whereas H.R. 4737 would provide a total of Borski Ganske Lewis (KY) Rothman Tancredo Young (AK) Boswell Gekas Linder Roybal-Allard Tanner Young (FL) $170,000,000,000 in Federal and State funds to Boucher Gilchrest Lipinski support work, child care, education, train- Boyd Gilman LoBiondo NOT VOTING—19 ing, and other family needs; Brady (PA) Gonzalez Lofgren Blagojevich Gillmor Oxley Whereas the Senate has yet to approve leg- Brady (TX) Goode Lowey Bryant Hilleary Roukema islation to extend the Temporary Assistance Brown (FL) Goodlatte Lucas (KY) Carson (IN) Hunter Shays for Needy Families (TANF) program, the Brown (OH) Gordon Lucas (OK) Cooksey Jenkins Brown (SC) Goss Luther Stump Child Care and Development Block Grant, Frost LaFalce Weller and Title V Abstinence Education State Burr Graham Lynch Gephardt Miller, George Burton Granger Maloney (CT) Gibbons Mink Block Grant programs as required by Sep- Buyer Graves Maloney (NY) tember 30, 2002; and Callahan Green (TX) Manzullo b 1209 Whereas the failure of the 107th Congress Calvert Green (WI) Markey to extend the TANF or child care programs Camp Greenwood Mascara So (two-thirds having voted in favor by September 30, 2002, would threaten the op- Cannon Grucci Matheson thereof) the rules were suspended and Cantor Gutierrez Matsui portunities currently available for low-in- Capito Gutknecht McCarthy (MO) the resolution was agreed to. come families and create fiscal uncertainty Capps Hall (TX) McCarthy (NY) The result of the vote was announced for States: Now, therefore, be it Capuano Hansen McCollum as above recorded. Resolved, That it is the sense of the House Cardin Harman McCrery of Representatives that the 107th Congress Carson (OK) Hart McDermott A motion to reconsider was laid on the table. should complete action on and present to the Castle Hastings (FL) McGovern President, prior to September 30, 2002, legis- Chabot Hastings (WA) McHugh Stated for: lation extending and strengthening the suc- Chambliss Hayes McInnis Mr. WELLER. Mr. Speaker, on rollcall No. Clay Hayworth McIntyre cessful 1996 welfare reforms. Clayton Hefley McKeon 399 I was unavoidably detained. Had I been The SPEAKER pro tempore. Pursu- Clement Herger McKinney present, I would have voted ‘‘aye.’’ Clyburn Hill McNulty ant to House Resolution 527, the gen- Coble Hilliard Meehan f tlewoman from Connecticut (Mrs. Collins Hinchey Meek (FL) JOHNSON), the gentleman from Mary- SENSE OF HOUSE THAT CONGRESS Combest Hinojosa Meeks (NY) land (Mr. CARDIN), the gentleman from Condit Hobson Menendez SHOULD COMPLETE ACTION ON Ohio (Mr. BOEHNER), and the gentleman Conyers Hoeffel Mica LEGISLATION EXTENDING AND Costello Hoekstra Millender- from Massachusetts (Mr. TIERNEY) each STRENGTHENING SUCCESSFUL Cox Holden McDonald will control 15 minutes. 1996 WELFARE REFORMS Coyne Holt Miller, Dan The Chair recognizes the gentle- Cramer Honda Miller, Gary Crane Hooley Miller, Jeff Mrs. JOHNSON of Connecticut. Mr. woman from Connecticut (Mrs. JOHN- Crenshaw Horn Mollohan Speaker, pursuant to House Resolution SON). Crowley Hostettler Moore 527, I call up the resolution (H. Res. 525) Mrs. JOHNSON of Connecticut. Mr. Cubin Houghton Moran (KS) expressing the sense of the House of Speaker, I yield myself such time as I Culberson Hoyer Moran (VA) Cummings Hulshof Morella Representatives that the 107th Con- may consume. Cunningham Hyde Murtha gress should complete action on and Twelve days, 12 days. In 12 days, the Davis (CA) Inslee Myrick present to the President, before Sep- welfare reform legislation expires. Mr. Davis (FL) Isakson Nadler Davis (IL) Israel Napolitano tember 30, 2002, legislation extending Speaker, this is a very serious matter. Davis, Jo Ann Issa Neal and strengthening the successful 1996 This House passed reauthorization of Davis, Tom Istook Nethercutt welfare reforms, and ask for its imme- the welfare reform legislation on May Deal Jackson (IL) Ney diate consideration. 16. The Senate has not acted. We have DeFazio Jackson-Lee Northup DeGette (TX) Norwood The Clerk read the title of the resolu- 12 days, yet welfare reform has been an Delahunt Jefferson Nussle tion. unprecedented success.

VerDate Sep 04 2002 01:25 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.022 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6385 Never have we passed a reform of a Mr. Speaker, this is what we call welfare system, providing the flexi- program that has resulted in a decline filler because the majority, the Repub- bility and the resources to the States. in child poverty. This bill has resulted licans, do not want to bring up legisla- It took welfare to the next level to get in the largest decline in child poverty tion that is important to enact before families out of poverty. It had the sup- ever, and in not just 1 year but in con- the end of the fiscal year. port. We put in the proposal that the secutive years; and the most dramatic If I had been told that on September national Governors wanted and that decline in child poverty has been 19 as one of the last bits of business be- the welfare administrators thought among African American children. fore we adjourn for the week and come were necessary in order to build on the Nearly 3 million children have left pov- back on Tuesday of next week, not current welfare system, and it is con- erty since welfare reform, and this is Monday, with not acting on in this sistent with the bipartisan effort of the not just because we had a good econ- body 8 of the 13 appropriation bills, other body. omy. that we would be taking up a meaning- There is time if we are willing to During the good economy of the less resolution in order to kill time, I work in a bipartisan way to get TANF Reagan years, when hundreds of mil- would not have believed it; but, that is reauthorization passed, but we cannot lions of jobs were created, welfare roles what we are doing. do it the way that the other side of the increased about 12 percent. It is the re- The gentlewoman from Connecticut aisle did it when this bill first came be- sult of welfare reform that children are is right. There are 12 days left before fore this body. leaving poverty, that there has been a the end of this fiscal year. The Repub- Mr. Speaker, I regret that today is substantial reduction in the number of licans have only scheduled 4 more leg- another missed opportunity. children living in poverty several years islative days before the end of this fis- Mr. Speaker, I reserve the balance of consecutively. cal year. In 4 legislative days funding my time. Secondly, the most exciting and won- for education, for veterans affairs, for Mrs. JOHNSON of Connecticut. Mr. Speaker, I yield myself such time as I derful news about welfare reform is environmental issues, for law enforce- may consume. that of the women on welfare, 33 per- ment, and for housing will all expire. cent are now working. The percent of Mr. Speaker, I remind the body, the This body has not even taken up those Senate has not acted. We must go to those on welfare and working has tri- appropriation bills; yet we have time pled. It has gone from 11 percent to 33 conference. We can conference this bill for this meaningless resolution. and get it to the President’s desk in 12 percent. Yes, I am concerned about the end of days. The Congress owes that to the this fiscal year and getting work done. b 1215 American people. Many of those women are still receiv- It is important that we reauthorize the Mr. Speaker, I yield 4 minutes to the ing some welfare benefits as they make welfare reform bill, TANF reauthoriza- gentleman from California (Mr. the transition to complete independ- tion. I have been working for 2 years to HERGER), the chairman of the Sub- ence, but 33 percent are working. That try to get reauthorization of TANF. committee on Human Resources of the is incredibly good news and it will This body missed an opportunity to Committee on Ways and Means. strengthen those families economically get that done when it chose a partisan Mr. HERGER. Mr. Speaker, 4 months and emotionally. But that also means route rather than a bipartisan route ago the House passed a 5-year welfare that 67 percent are not meeting the which we could have passed when the reform extension bill. Yet now, just 11 State definition of working, which does bill was originally before us, a missed days remain before the successful Tem- not include complete independence opportunity, making it much more dif- porary Assistance to Needy Families from welfare benefits. ficult for this Congress to send to the Program expires. The 1996 law lifted So we do have a lot more work to be President a meaningful TANF reau- nearly 3 million children from poverty. done, and I am proud to say that the thorization bill. It resulted in a dramatic increase in reauthorization passed by this House Mr. Speaker, we should have built on the employment and earnings of single recognized that those women who were the success of the current welfare re- mothers, all while reducing welfare de- not meeting the standards of work form bill. We should have built the suc- pendence by 9 million people. need more education. They need more cess that provides flexibility to the Still, we know we have more work to training, and it creates tremendous States, but instead the legislation that do in the next phase of welfare reform. flexibility for the States to not only passed this body took flexibility away Some in Washington seem to be willing help women get into that first job, but from the States and made it more dif- to allow the program to run out at the enable them to have the time they ficult for them to do their programs on end of this month. They seem to be- need for the education, the skill devel- welfare. Education and training are im- lieve a simple extension would suffice, opment to deal with all those problems portant, but the bill that passed this but a simple extension of this program that we know from our research which body says it is important for everyone will not help the nearly 60 percent of represent barriers to women getting but the mother on welfare with a child; the adults on welfare who are doing into the workforce and barriers to that person does not need education. nothing now to engage in activities their rising up the career ladder so That is the wrong message. that will lead them on the road and the that the salary that they earn is a sal- The bill that passed this body says path from poverty to self-reliance. A ary that can honestly support a family we do not want welfare recipients to simple extension will not provide $2 with children. have real jobs. We want makeshift em- billion in increased child care funds to The reauthorization bill represented ployment, even though every study has support more working low-income fam- a giant step forward, building on what shown that will not lead to people leav- ilies, and a simple extension will not we learned from the old program, ena- ing poverty. invest more in families by promoting bling the new program to be far more The bill that passed this body is an healthy marriages and preventing the powerful in the lives of the women and unfunded mandate on the States re- millions of children born out of wed- children in America who are on welfare quiring them to spend billions of dol- lock from growing up without the ben- and basically living on extremely low lars more and not providing the nec- efit of their father. incomes, if not in poverty. essary resources. This resolution states We must act now. So join us in sup- Mr. Speaker, I am proud that the that changes are needed to improve the porting H. Res. 525. It is my sincere House acted. The Senate has not acted. quality and availability of child care. I hope that we will soon get to a con- I call on my colleagues to lay out to agree. We have not done that in this ference with the other body so we can the other body the importance of reau- body. We need to do it. work out our differences on this impor- thorizing welfare today as it expires in Mr. Speaker, there is still time. I tant legislation. More than 2 million 12 short days. That is not even 2 weeks. urge my colleagues to join in a bipar- low-income families in America are de- In 12 short days, this program expires. tisan effort. We introduced a proposal pending on us for help. Mr. Speaker, I reserve the balance of that I authored along with the gen- Mr. THOMAS. Mr. Speaker, will the my time. tleman from Wisconsin (Mr. KIND) and gentleman yield? Mr. CARDIN. Mr. Speaker, I yield the gentlewoman from California (Ms. Mr. HERGER. I yield to the gen- myself such time as I may consume. WOOLSEY) that builds on the current tleman from California.

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.045 H19PT1 H6386 CONGRESSIONAL RECORD — HOUSE September 19, 2002 Mr. THOMAS. Mr. Speaker, I thank Mr. Speaker, I yield myself 15 sec- So now you are saying it is the Sen- the gentleman for yielding. onds just to respond to the gentleman ate’s fault when the basic fault was the I guess I am just a little bit confused from California (Mr. THOMAS), the failure to do this in the right way in on the basis of initial remarks by the chairman of the Committee on Ways the first place right here. It was inex- gentleman from Maryland (Mr. CARDIN) and Means. cusable for you and for the chairman because the arguments that he just Mr. Speaker, it is just regrettable not to sit down with Democrats, surely made were exactly the ones he made that we did not follow a bipartisan ac- those who had worked on welfare re- when we had the welfare debate on the tion in this body like some others have form, who had helped to build child floor of this House, and I know that he done on the other side of the aisle. I care and day care into it and see if we would have rather had his position pre- think that is regrettable because that could find common ground. So you vail than the one that did, and that is has made it much more difficult for us have no common ground in the first the bill that we passed and sent over to to reach an agreement with so few days place. The vote was 229–197 here. Inex- the Senate. And what it sounded like left in this session, and I still say this cusable. What do you expect now? was he wanted to revisit the debate is a meaningless resolution. It does not Mrs. JOHNSON of Connecticut. Mr. that occurred in the House prior to do one thing, and I think Members can Speaker, I yield myself 30 seconds. House passage of our legislation, and vote any way they want, and they will The gentleman’s recollection of the what I would urge him to do is, if he be surprised to learn that this is not a process of our subcommittee is, in my wants to have another chance at that Special Order. mind, completely faulty. Remember, debate, would be to vote for this reso- Mr. Speaker, I yield 3 minutes to the one of the primary goals of the other lution which says it is ‘‘the sense of gentleman from Michigan (Mr. LEVIN), party’s approach, the Democrats’ ap- the House of Representatives that the a distinguished member of the Com- proach on that subcommittee, was to 107th Congress should complete ac- mittee on Ways and Means. include as a major goal of the new wel- tion.’’ (Mr. LEVIN asked and was given per- fare reform bill to reduce poverty and, If the House has passed legislation to mission to revise and extend his re- indeed, we did that. Second, They were complete action, we have to get the marks.) very interested in more education and Senate to pass legislation, and I would Mr. LEVIN. Mr. Speaker, I am glad training and we do that. hope that that impassioned speech that the chairman of the committee spoke, So it was a very good bill. It got he just made to us, those of us who de- and I want to respond and also to the through the House with a bipartisan bated and already voted on the welfare gentlewoman from Connecticut (Mrs. vote. The Senate has not acted. We bill, could be made to his colleagues in JOHNSON), because I think this resolu- need to go to conference to get this bill the Senate so that they would move a tion is an effort to shift the blame. The to the President’s desk. Mr. Speaker, I yield 1 minute to the bill off the floor, we could go to con- bottom line is, okay, the Senate should gentleman from North Carolina (Mr. ference, and he would then hope that act. But why are they having trouble HAYES). acting? It takes 60 votes. A major rea- his position would prevail in con- Mr. HAYES. I thank the gentle- ference. But to say that he is opposed son is because the House started this woman for yielding me this time. to urging the Senate to complete ac- debate on the wrong foot including the Mr. Speaker, I admire and respect tion is to basically say that wonderful gentlewoman from Connecticut (Mrs. the gentleman from Maryland. I appre- and impassioned speech he made is not JOHNSON). They started on a partisan ciate his point of view, but I have the going to go anywhere because we can- approach. There was no effort to work opposite point of view. We have been not get the conference to try to get his with those of us who worked on welfare working very hard. When welfare re- position to prevail. And so moving this reform in 1995 and 1996, including the form first came up, there was complete resolution hopefully will nudge the ranking member of the subcommittee. and total resistance on the other side other body along so that his position Zero effort. And that included the ad- of the aisle. We have gotten together can be presented in conference and the ministration. It came forth with a pro- and we have passed a good bill in the House and the Senate can resolve their posal that in the judgment of the ad- House on a bipartisan basis. I would differences. ministrators, the vast majority of love to have had more votes. That So I do not understand how folks are State administrators, was the wrong would have been wonderful. But the arguing that they want to be on both way to go. They said it was going to clear, pure fact remains, article 1, sec- sides. One, this is meaningless, and, create flexibility. Also, there was the tion 7, clause 2 of the Constitution sim- two, his impassioned plea ought to be problem of poverty, that such a large ply requires that the House and the heard again; and the only place it can percentage of the people who were Senate have to pass legislation before really be heard again by the House is in moving off of welfare to work remained it can be signed by the President and conference. in poverty, and the studies show that become law. The House has done their Vote for the resolution, and the gen- the average income for people who portion. The remainder is clear. We tleman from Maryland (Mr. CARDIN) I have moved from welfare to work is need compliance with the Constitution. will see in conference. something like 2,000 bucks a quarter. That is what this debate is about. It is ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE So we said let us build on welfare re- very meaningful. The SPEAKER pro tempore (Mr. form and its successes, let us acknowl- It is very clear that 60-plus pieces of LATOURETTE). The Chair would make edge where it has had shortcomings legislation have been passed under arti- the following advisory: that as recently and move on from there. cle 1, section 7, clause 2 by the House of as December 19 of 2001 in response to a But you said no, you are going to Representatives. Those pieces of im- point of order, Members are reminded proceed like you did on prescription portant legislation lie dormant. I to confine their remarks to factual ref- drugs on a partisan basis, and the ad- thank the gentlewoman for bringing erences to the other body and avoid ministration was part and parcel of this to the House and I encourage that characterizations of Senate action or that strategy. So now you are reaping we support and pass this resolution. inaction, remarks urging Senate action not the benefits but the downsides of Mr. Speaker, 6 years ago, despite an outcry or inaction, remarks urging other that approach, and you say to the Sen- of criticism, the U.S. Congress passed the Members to urge the Senate to take ac- ate act after you got this off on the most sweeping welfare reform measures ever. tion or inaction, or references to par- wrong foot, and the administration Now, 6 years later, no one can argue that this ticular Senators. continues to insist on its bill which reform has been an overwhelming success. The Chair would also note that there cannot receive 60 votes in the Senate. We have worked to end a cycle of depend- have been remarks during the course of f ence and replaced it with a spirit of self-suffi- debate where praise has been heaped ciency. These welfare-to-work success stories upon the other body, and just as criti- b 1230 are proof positive of what I have always cism is not appropriate, neither is There was a bipartisan effort within said—a government support check, while praise as a characterization. the Finance Committee, very con- helpful, is no substitute for a paycheck. Mr. CARDIN. I thank the Speaker for trasting with the partisan approach On May 16 of this year, this House passed that clarification. that you took. comprehensive welfare reform, the President

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00012 Fmt 4634 Sfmt 9920 E:\CR\FM\K19SE7.027 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6387 is asking for reform, the American people de- fare reform and the Senate has not At the same time, I urged our Mem- serve reform and the Senate has not taken up acted on prescription drugs. The House bers to learn more about welfare re- this important legislation. Now is not the time has reauthorized welfare reform and form by visiting former welfare offices to turn our backs on these successful reforms. the House has passed a very strong bill that are now job placement centers. I We have replaced a cycle of government de- providing prescription drugs to seniors urged our Members to meet with folks pendency with families that are proud of the as an entitlement. It is very disturbing that are involved in the system. Many work that they do and that are no longer de- that 12 days before this bill expires, be- of us did sit down with both folks who pendent on a government check. That’s the fore the welfare reform bill that has re- are still on welfare and people who right thing to do to strengthen families, and we duced poverty among children more have left welfare for the world of work. need to keep that record of success going. dramatically than any change in public We wanted their perspective on the Mr. CARDIN. Mr. Speaker, I yield policy in my lifetime, that it could lan- changes that we made 6 years ago and myself 30 seconds to respond to the guish unauthorized. The House has the improvements that still needed to gentlewoman from Connecticut. Cur- acted. The Senate has not. The fact is be made. We learned a lot. rent law allows the States to use edu- there are 12 days and that this Con- Back in April, I visited the Texas cation and training as part of the core gress cannot complete work on welfare Workforce Center in Houston. A man work requirement in welfare. States reform alone. told me that welfare reform had have used that well and it has worked Mr. Speaker, welfare reform has changed his life and the changes he well. The bill that passed this body helped women and children in America. made offered his children a powerful takes away that flexibility from the It has been a good thing in their lives. lesson in doing things the right way. States. That is why the Governors are We need it. For the preceding speaker He said, ‘‘They saw me getting up with upset. That is why legislators are to have said that we have cut work them each morning,’’ because it was upset. That is why administrators are education and training is simply time to go get a job. ‘‘I could see in upset. And that is why people are wrong. It is true we do not allow 12 their eyes that they were happy about upset. You take away the flexibility of months of vocational education, but that.’’ I think that is what it is all the States on education and training for the first time we not only allow 4 about. for women trying to get off the welfare months of any kind of education, In closing, I would like to remind the system. whether it is vocational or not, but Congress that it takes work to pass a Mr. Speaker, I am pleased to yield 2 then 2 full days for 5 years. So we allow good bill. It takes time and effort to minutes to the gentlewoman from Illi- ongoing education which not only can bring everyone together. It takes time nois (Ms. SCHAKOWSKY). help you prepare yourself for a job but to get a bill out of committee. And Ms. SCHAKOWSKY. I thank the gen- through which then you can develop when you are dealing with several com- tleman for yielding time. the skills to advance your career and mittees of jurisdiction, it takes even Mr. Speaker, there are 4 scheduled move up the salary and career ladder. more work. Securing final passage of legislative days remaining until the It is the most generous inclusion of the bill is an even tougher assignment. end of this fiscal year. Four days re- education and training and opportuni- But the House completed its work. We maining. There are people watching ties in welfare reform that we have put in the time and we got the job done the proceedings here in the gallery and ever passed. for the American people. Our work in all around the country who may be Mr. Speaker, I yield 3 minutes to the the House will pay off for the American thinking that what they are watching gentleman from Texas (Mr. DELAY), people, but it will all be for nothing un- is the House of Representatives at the majority whip. less and until Congress finishes welfare work, carrying on the business of the Mr. DELAY. I thank the gentle- reauthorization. people. No, unfortunately they are woman for yielding me this time. Mr. CARDIN. Mr. Speaker, I yield wrong. We are sitting here chatting Mr. Speaker, it looks like we are pre- myself such time as I may consume. about a resolution to express the sense pared to vote on a resolution that lays Mr. Speaker, normally as the rank- of the House that Congress should com- out exactly why the country needs and ing member of the subcommittee that plete action on the welfare bill. We are expects to see the 5-year reauthoriza- has jurisdiction over welfare, I would not talking about completing action on tion of welfare reform law finished make a recommendation to my col- anything right now with 4 scheduled sooner rather than later. leagues as to how they should vote on legislative days remaining. Remember, we only have 7 days re- legislation affecting welfare and TANF We now have eight, count them, maining before the historic reforms reauthorization. I do not really have a eight appropriations bills that have not will expire on September 30. There are recommendation to my colleagues on been passed, with 4 days remaining. We two things we ought to bear in mind. this resolution because I do not think could be working on that legislation First, the main reason welfare reform it does anything. I really do think we right now. So it is really quite amazing needs to be reauthorized and, second, are wasting time today. that the Republican leadership would what it takes to get the job done. Wel- I would like to see TANF reauthor- squander its opportunity to make real fare reform has been good for America. ization done this year. We should get it progress on a legislative agenda, real It is replacing welfare checks with pay- done. It is extremely important. The progress on addressing the problems checks. It is fostering independence. It gentlewoman is right. We need to reau- and concerns of the American people is boosting personal incomes. And it is thorize the program. But I have a rec- by taking up issues that are com- truly improving the lives of millions of ommendation to the Republican lead- pletely under their control right now. children. ership. Use this time to pass the appro- The Democrats, given our minority We have to reauthorize welfare re- priation bills we have not passed yet. position, have limited ability to conform because there is more to be done We have not even taken up appropria- trol the agenda, so we have a discharge to help millions of struggling families tion bills for the first time here. We petition right now to take up a piece of develop dignity and self-respect. We normally spend a day or two on the im- real legislation that would reduce the have been working on reauthorization portant appropriation bills. With 4 leg- cost of prescription drugs, H.R. 5272. since January. In February we built islative days left, you are not going to This is a bill that would stop the gam- the HOPE Action Team. We pulled to- schedule them, are you? But, instead, ing of the system and would allow real gether committee and subcommittee you are going to schedule a resolution competition so that we could find chairs, administration officials and that does nothing. We should be talk- lower prices for prescription drugs in other Members of Congress. We held ing about what we are going to do with this country. This is something that weekly meetings to drive both the seniors on prescription medicines with- people really care about. Let us do timetable and the policies to ensure in the Medicare system, not rely upon something real and stop this chitchat. timely passage. We met twice a week. private insurance which has already Mrs. JOHNSON of Connecticut. Mr. We worked late into the night. We left my constituents in Maryland. But, Speaker, I yield myself such time as I stayed at the table to hammer out our no, instead we have a resolution before may consume. differences so that we could put up a us that really does nothing. I would remind the preceding speaker good bill here on this floor. It was a lot I have heard some of my Republican that the Senate has not acted on wel- of work for a lot of people. colleagues say that the other body has

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A19SE7.011 H19PT1 H6388 CONGRESSIONAL RECORD — HOUSE September 19, 2002 not done anything. I know we are not gentlewoman from Connecticut, there Between 1996 and 1999, overall spend- supposed to characterize, you are using has been some discussion at the dais ing on cash assistance in my home that as a fact, and you are wrong. The about potentially the gentlewoman State of Ohio declined by $19 million a relevant committee in the other body using her time at the conclusion of the month, enabling the State to increase has in fact brought out a bipartisan Committee on Education and Work- funding for job training, child care, lit- bill. We should embrace it. But instead, force time. The gentleman from Mary- eracy and transportation programs no, our Republican friends in this body land (Mr. CARDIN) still had 30 seconds that further assist families in moving are still hanging on to what we did ear- remaining at this time. toward self-sufficiency. lier that has no chance of being en- Is the gentlewoman from Connecticut The legislation the Committee on acted. We do need to talk and work out (Mrs. JOHNSON) inclined to close out Education and the Workforce com- a bipartisan bill. But that is not what her portion of the debate now or re- mittee passed in early May builds on is happening here today. serve it to the conclusion of the Com- that success. Based on President Let me just, if I might, quote from mittee on Education and Workforce de- Bush’s reform blueprint and introduced some traditionally Republican sources. bate? by my friend and colleague, the gen- A Republican State legislator speaking Mrs. JOHNSON of Connecticut. Mr. tleman from California (Chairman on behalf of the National Conference of Speaker, I yield my remaining 30 sec- MCKEON), the Working Toward Inde- State Legislatures talking about H.R. onds to the gentleman from Ohio (Mr. pendence Act strengthens the work re- 4737 said, ‘‘What troubles State legisla- BOEHNER) to control. quirements in current law, which will tors is not that the House bill focused Mr. CARDIN. Mr. Speaker, I yield my ensure that even more welfare families on work but that it will to force States remaining 30 seconds to the gentleman are able to move into productive lives. to establish community work programs from Massachusetts (Mr. TIERNEY), This measure was incorporated into at the expense of those who have left or who is managing the time for the Com- the comprehensive welfare reform bill never been on the rolls.’’ mittee on Education and the Work- that passed the House in May. Business groups have testified before force. The bill increases child care funding our committee, ‘‘Under these require- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ments, many States would have to re- by over $2 billion and places an in- The SPEAKER pro tempore. The creased emphasis on improving the duce or abandon their current efforts Chair would note that terms like ‘‘bi- to place welfare recipients in jobs and quality of care for our young children. partisan’’ and ‘‘responsible’’ are just as With welfare caseloads cut in half since prepare them for employment in favor much characterizations as ‘‘irrespon- of workfare programs that generate the welfare reform law was enacted, sible’’ and ‘‘partisan,’’ and are inappro- States will be able to devote signifi- ‘work’ hours, however unproductive.’’ priate references to the Senate. Yes, Mr. Speaker, I agree that we cantly more money to expand access to It is now in order during the course need to reauthorize TANF in the 107th quality child care. of the resolution to consume the time Congress. The only way that can be We know that State and local leaders allotted to the Committee on Edu- done to help our States is if it is done have been on the front lines of welfare cation and the Workforce. The gen- in a bipartisan way. reform. The flexibility in the 1996 law tleman from Ohio (Mr. BOEHNER) will is one of the reasons it has worked so 1245 1 b be recognized for 15 ⁄2 minutes and the well. That is why this bill would give Unfortunately, the majority, the Re- gentleman from Massachusetts (Mr. States and localities even more flexi- 1 publicans, have refused to include the TIERNEY) will be recognized for 15 ⁄2 bility. With broadened waiver author- Democrats in this process. They have minutes. ity, they will be able to continue the refused to really follow the rec- The Chair recognizes the gentleman kind of innovation that has proven so ommendations of our States, the peo- from Ohio (Mr. BOEHNER). successful over the last 5 years. Mr. BOEHNER. Mr. Speaker, I yield ple who manage our welfare system. As Welfare reform is a top priority for myself such time as I may consume. a result, we are now faced with a situa- this Congress. President Bush deserves tion where the other body in fact has Mr. Speaker, in May, my colleagues and I passed important legislation to a chance to sign this important piece acted in a responsible, bipartisan way, of legislation into law this year. For and still we pretend that we cannot get reauthorize the 1996 welfare reform law, one of the most successful social the good of millions of Americans mov- together. We are going to play hard ing from welfare to work, this reau- ball, to the effect that nothing is going policies ever enacted by Congress. It has transformed the lives of millions of thorization must be completed by the to get done. Well, I regret that, because conclusion of the 107th Congress. I urge a lot is at stake, the people in this Na- families and helped them achieve self- sufficiency. The 1996 welfare law has my colleagues to approve the resolution who depend upon these programs tion. to take care of their children, to pre- done its job, and now it is Congress’ job Mr. Speaker, I reserve the balance of pare themselves for work. and unique opportunity to improve my time. Yes, we should be moving people out upon that 1996 act. of poverty in this Nation; we should be The key reason why many former Mr. TIERNEY. Mr. Speaker, I yield building upon the successes. I sup- welfare recipients are leading inde- myself such time as I may consume. ported welfare reform 5 years ago. I pendent lives today is clear: we require Mr. Speaker, many would take issue support reauthorization of welfare this individuals to work for their benefits. with some of the broad terminology in year. It is an important program, and Under the old system, welfare families the so-called ‘‘whereas clauses’’ in this we need to get it done. could expect a lifetime of cash assist- resolution, but I do not really think I urge my colleagues to vote any way ance without engaging in constructive that is quite the issue here. I do not that they want to on this resolution, activities of any kind. think there are too many who would because I do not think it will do any- When Republicans gained control in argue with the desire, mutually felt by thing. It does express some sentiments 1994 of this Congress, we vowed to everyone in this Chamber, and I as- that are important, and I think some change our Nation’s welfare system. It sume in the other Chamber, for com- of our colleagues on both sides of the took awhile. The debate was spirited. pletion of the conference’s work. aisle may feel that way. But I know I But by 1996, after vetoing the bill The real fact of the matter is it am expressing the majority sentiment twice, a reluctant President Clinton fi- seems a little disingenuous to be stand- when I wish this time would have been nally signed the landmark Personal ing here talking about a rather mean- used to bring forward the appropria- Responsibility and Work Opportunity ingless resolution, as we have here tions bills so we could have our debate Reconciliation Act into law. today, filling up time that could be on issues we have not acted upon in The success of those reforms has been used to get the business of the House this body. extraordinary. Welfare caseloads have done. I would think that the Repub- Mr. Speaker, I reserve the balance of fallen over 50 percent, nearly 3 million lican majority should be more than a my time. children have escaped poverty, and the little bit embarrassed that this is the The SPEAKER pro tempore (Mr. black child poverty rate is now at its best that they can do at this particular LATOURETTE). Before recognizing the lowest point ever. time of the year.

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.033 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6389 We have, what, eight more spending cation piece and its job training piece serve the balance of my time and let bills to finish before this year that ap- and in fact its child care piece. some other speakers go, but I think parently the leadership on the other But this is a very partisan group that this time could be much better spent side cannot muster and move the agen- we see bringing forward things, and doing the real business of this House. da on, so we sit here talking about a that is why the House bill does not do Mr. Speaker, I reserve the balance of resolution that everybody is well in- it, and that is why there is difficulty my time. tentioned to get the conferees’ work getting it done in the other body. Mr. BOEHNER. Mr. Speaker, I am done. You can say that in about one- Mr. Speaker, we can bring forward pleased to yield 21⁄2 minutes to the half a minute. matters that talk about school pro- sponsor of this resolution, the gentle- But we will be out of here in a little grams and after-school programs that woman from Kentucky (Mrs. NORTHUP). while today. We are not staying to would help many families in this coun- Mrs. NORTHUP. Mr. Speaker, it is complete the work of the House. We try. But the House does not do that. instructive to note that sometimes it were out of here yesterday by about They are busy talking about this inane is important to stay focused and that 3:00 or 3:30. We did not come in Mon- legislation before us now. when the House passes repeated resolu- day. We are not going to be here Fri- Mr. Speaker, last year when the tions, sometimes that helps us get fo- day. We are not coming in next Mon- House passed its budget, it was the ad- cused and get a bill to the President’s day. So you talk about the time left to ministration’s budget, and they had a desk. I would point to the stimulus bill pass this particular bill out of the $1.7 trillion tax cut, there were many that finally, after the House passed a other House. Well, perhaps it is better like myself and others who argued that stimulus bill four times, actually got than spending all of our time instruct- that tax cut was way too big and it did to the President’s desk and helped keep ing the other House how to do their not distribute any tax breaks fairly Americans on the job and stimulate business, we could talk about how this across a broad spectrum. our economy. But whatever that debate is, that de- House might do its business. So today we are here to talk about bate is by the board. Things have hap- After all, we could do a lot that staying focused on welfare reform and pened since then: September 11, a would change people’s lives better for to advance it the next step. We all change in the economy, many more their welfare. We could bring forward know that in 12 days the welfare re- reasons to spend. The CBO, the Con- the health and human services and edu- form authorization bill will run out, gressional Budget Office, is telling us cation bill. Would that not be a mar- and families all around this country that that tax cut is probably respon- velous factor. If we want to talk about deserve to know what the program will sible for almost half of the decline in things that would help people’s lives our surplus. We are no longer in a sur- be in the coming years if it affects and really matter, we could bring up plus; we are going into a deficit for their families, and States need to know that bill. some unforeseeable future period of that too for their budgets. But the problem is that the majority time. The fact is in our country freedom knows that their budget of last year All of these things have changed, and and opportunity depend on being able does not allow for that. This adminis- what we need to do as the House, Mr. to get on the first rung of the ladder tration put out a budget and went Speaker, is come back and revisit that and begin a climb up that rung of the around the country with my colleague budget. I understand why the other ladder, out of poverty into independ- from Ohio as part of the group doing a side is embarrassed to come forward ence. The only way that is possible is real ceremonious occasion talking and tell the American public they can- to have a job and to build your skills about the Leave No Child Behind Act. not deal with the health and human and build on that job and begin to grow Well, the fact of the matter is their services and education spending bill be- into independence. Our welfare reform budget leaves many children behind, cause their budget would be $7 billion bill helps families do that. because if they brought up the edu- short. I want to mention the way that I cation spending bill, on that budget So let us deal with that. Let us have think it is most important, and that is they would be about $7 billion short. a conference and sit down in a bipar- the increase in child care. As I move We have November 5 coming up; and tisan or nonpartisan way and try to around my community and talk to between now and November 5, there are work through that to find out how we families, talk to people that are part of not too many people on the other side can help American families, how we the support system, talk to people that of the aisle who want to make it clear can provide for public schools, where 90 are running the day-care centers in the to the American people that they are percent of our children go, and give most disadvantaged neighborhoods, coming up short on their promises. them the kind of investments they what I hear over and over is that more So instead of bringing forward the need and not leave them $7 billion dollars are needed for child care. spending bills before the end of the fis- short of the President’s promise. b 1300 cal year and before November 5, we are Let us talk about what we can do for sitting here banging back and forth on Head Start and Early Head Start and Many families and many moms, as a resolution that has no import and no child care programs so the people can they expand their work opportunities, meaning except for great intentions, get to work. Let us talk about job need to know that their children are in which we all share. training programs that this adminis- a good, safe childcare facility. They We could do a lot for people. We tration intends to cut and talk about need to have that reassurance that could do something about education; filling them properly when people are their children are well cared for and we could do something about Head in fact being unemployed at higher that they can afford the childcare. Start. People that are on welfare and rates than was anticipated, and let us So we help families that are in this people that are not on welfare need to talk about doing something for those transition period going from depend- have their children get an education in terms of unemployment compensa- ence and government control of their and get a start in school and be ready tion, and healthcare for those unem- life to independence, opportunity, hav- for school at an early age. We could ployed, matters which, for some rea- ing choices they have never had before, bring forward bills that would allow us son, are not being brought up in front by making sure the resources they to put more resources into that proof this House now with the small need to make that transition are there. gram, which has proven to be success- amount of remaining time that we I am thankful that the House has ful. have. passed the bill, and I want to thank the We could do more for child care. Cer- There are many, many things that we committees for passing this resolution. tainly the welfare bill that passed the could do that would better fill our time It will help us stay focused and make House does not do enough. That is one than taking up a resolution that is sure that we get this to the President’s of the reasons I perceive why it is a bit going to have no impact and has no desk. tied up on the other side, because peo- business telling the other side on this Mr. TIERNEY. Mr. Speaker, I just ple want to try to reach some non- Hill what to be doing. wonder how many times Members of partisan or bipartisan resolve as to So, Mr. Speaker, with that in mind, I this side of the aisle are going to have how that bill might improve its edu- would just say that I am going to re- to be bringing up issues like education

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.036 H19PT1 H6390 CONGRESSIONAL RECORD — HOUSE September 19, 2002 and money for prescription drugs to tleman from California (Mr. MCKEON), ing precious time to debate a meaning- get the other side focused on the busi- the chairman of the Subcommittee on less resolution urging the Senate to ness of this House, and not the other 21st Century Competitiveness. pass a welfare reform bill. Do I want body, so that they can be addressed. Mr. MCKEON. Mr. Speaker, I thank the Senate to pass a welfare reform Mr. Speaker, I yield 21⁄2 minutes to the chairman for yielding me this bill? Of course I do. I want them to the gentlewoman from Minnesota (Ms. time, and I rise in strong support of pass a good welfare reform bill, a bill MCCOLLUM). House Resolution 525. that gives welfare recipients access to Ms. MCCOLLUM. Mr. Speaker, I rise In May, the House of Representatives the education and training they need in strong unity with my colleagues in passed a welfare reform bill that builds to get jobs that pay a livable wage; a urging passage of the welfare reauthor- on the success of the 1996 law which has welfare bill that ensures that there will ization bill some time this year. We do been nothing short of remarkable and be safe and affordable child care for have a responsibility to provide mean- has hushed the naysayers who said re- children while their moms are away ingful job training, job training that quiring welfare recipients to work for from home, and a welfare bill that will work with our community col- benefits would further bind poor fami- holds States accountable for helping leges, our vocational schools; work lies to a life of poverty. But the Senate families move towards self-sufficiency. that fits into training programs that has not acted on welfare legislation. Rather than taking time here on the are not eligible under the House bill. In May, the House passed a welfare House Floor to debate the Senate’s We need to get families back to work. reform bill that will continue to dis- schedule, I urge the House leadership We need to provide quality child care mantle the shackles of welfare that to attend to the important business of that will allow our children to grow up chain millions of American families to the House, such as the generic drug bill in a safe and nurturing environment. a life of poverty. Yet, the Senate has that has already passed the Senate. If The House bill fails to do that. In not acted on welfare legislation. the leadership here in the House really Minnesota right now, I have waiting In May, the House passed a welfare wants to do something to help families, lists. I have waiting lists with thou- reform bill that includes significant passing the Greater Access to Afford- sands of children. The House welfare funding increases for child care, boost- able Pharmaceuticals Act, the GAAP reform bill will increase, increase in ing discretionary funding for the Child Act, would do the trick. Minnesota the number of children on Care Development and Block Grant to In the year 2001, for the fourth year the waiting list. $1 billion over 5 years. Still, the Senate in a row, Americans increased their I have heard from my county, I have has not acted on welfare legislation. spending on prescription drugs by more heard from the State of Minnesota, I The simple truth is that welfare re- than 17 percent, and it is known that have heard from welfare reform recipi- form based on work helped to lift 3 mil- the longer a big drug company can ents. Child care is critical, child care is lion children out of poverty. Employ- keep a generic drug off the market, the needed, and child care is lacking in the ment of single mothers is at an all- more it costs consumers. The GAAP House bill. time high at more than 70 percent, and Passing welfare reform during this Act would get generic drugs to the Congress is not the only responsibility 700,000 fewer single mothers are living market faster, helping American fami- we must take. Families and seniors and in poverty today than in the 1990s. lies save money. In fact, the Congres- The bill passed by the House in May all Americans are deeply concerned sional Budget Office estimates that the provides for 16 hours per week of edu- about skyrocketing health costs. To- GAAP Act would save consumers over day’s health care spending continues to cation, training, and other construc- $60 billion over the next 10 years; $60 consume too large a portion of all fam- tive activities as defined by the State. billion. ilies’ incomes and causes too many The education opportunities, balanced So let us help all families, both those children to live in poverty. And, often- with the 24-hour per week work re- on welfare and those who are not. Let times, it is the reason why families end quirements, are more than sufficient to us stop wasting precious floor time on up in welfare. help welfare recipients find fulfilling the business of the Senate and instead The average price paid for brand work that will help lead them and keep get on with the legitimate business of name prescription drugs is often three them out of a life of poverty. the House, such as passing the rest of times, three times the same medicine In my district in southern California, the appropriations bills and the impor- in generic form. The residents in Min- over the course of 5 years, going to tant bills that are before us like the nesota’s 4th District should not have to school part-time, 16 hours a week, a GAAP Act. pay significantly more for the same student can earn an associate’s degree Mr. BOEHNER. Mr. Speaker, I am medicine simply because it has a brand and, in some cases, a bachelor’s degree. pleased to yield 11⁄2 minutes to the gen- name attached to it. With an associate’s degree, a student tlewoman from Illinois (Mrs. BIGGERT). These are lifesaving medicines. We can begin a fulfilling career at a num- Mrs. BIGGERT. Mr. Speaker, I thank are dealing with lifesaving medicines, ber of well-paying jobs. The average the chairman for yielding me this not designer jeans. Now is the time to annual salary of a mechanic in my time. close the loophole that allows some State is $31,250; a registered nurse, I rise in strong support of House Res- drug companies to continue their $56,140; computer specialist, $45,380. As- olution 525. This resolution keeps our stranglehold on the market. We have sociates’ degrees are offered in each of commitment to America’s kids and to arrived at a point where people these professions. America’s great promise of welfare re- throughout this country are literally Mr. Speaker, I strongly support this form. Our welfare reform bill adds an breaking their prescription pills in resolution and I believe that the House additional $2 billion in extra funding two, scrimping and saving every dime welfare reform passed by the House for childcare and developmental block to pay for their lifesaving medication. achieves the balance between the work grants. This makes a very good bill be- We cannot allow this to continue. requirements and additional education come even better with more child care. We have an historic opportunity to and training which will help pull mil- Why is that? Well, more funding means pass legislation that restores fair com- lions of families from poverty. more kids covered. More kids covered petition and stops the continued rise in Mr. TIERNEY. Mr. Speaker, I yield means more parents working, and that drug prices. This legislation has al- 31⁄2 minutes to the gentlewoman from is our ultimate objective, to give every ready passed the other body and we California (Ms. WOOLSEY), a member of American the opportunity to work and must act now. We cannot continue to the Committee on Education and the to gain the dignity and self respect keep affordable drugs out of the reach Workforce. that comes with providing for your of people who need them the most. To (Ms. WOOLSEY asked and was given own family. do that would be unconscionable. To do permission to revise and extend her re- The past 6 years of welfare reform that puts families in poverty. To do marks.) have shown us what works and what that can indirectly add to our welfare Ms. WOOLSEY. Mr. Speaker, the end does not work. When I meet with rolls. of September is approaching. The former welfare recipients throughout Mr. BOEHNER. Mr. Speaker, I am House has passed only 5 of 13 appro- my congressional district, each and pleased to yield 21⁄2 minutes to the gen- priations bills, and yet here we are tak- every one of them tells me that their

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.041 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6391 success simply would not have been this time. I particularly appreciate of the House attempting somehow to possible without childcare assistance. that I had people who were helping me tell the other body when and how they The House has passed an outstanding from the beginning, like the gentleman should act. I think it is probably inap- bill that builds upon the welfare suc- from Ohio (Mr. BOEHNER). And one of propriate to do that, but it is also a cesses of the past 6 years. Let us get it the very first things that I found out waste of our time and effort, because it to the President’s desk and into law as upon being elected was the extraor- is, obviously, going to go on its own quickly as possible. dinary leadership in the House of Rep- schedule. Mr. TIERNEY. Mr. Speaker, I reserve resentatives. Also I want to thank the Another fact that is very stubborn the balance of my time. gentlewoman from Ohio (Ms. PRYCE) that will not go away is the fact that Mr. BOEHNER. Mr. Speaker, I am and the gentleman from Texas (Mr. this is filler. We are standing here pleased to yield 2 minutes to the gen- DELAY). doing this on this resolution because tleman from Georgia (Mr. ISAKSON). As I was attending conference meet- the majority in this House will not go Mr. ISAKSON. Mr. Speaker, I thank ings, I found out that we would be hav- forward with the rest of the business the chairman for yielding me this ing the ability to work on welfare re- that needs to get done before the end of time. I rise along with many others on form reauthorization, and I was just so this fiscal year: eight spending bills this side and really both sides that excited because I had the privilege and that they are failing to move forward. have encouraged the passage of this opportunity in the South Carolina I know my colleague, the gentleman resolution and our encouragement to State Senate to be the chairman of the from Ohio (Mr. BOEHNER), has done the see to it that we make the reauthoriza- conference committee for the Family work in his committee. The bill which tion of welfare reform and welfare to Independence Act which was the State is the subject matter of this particular work a reality. equivalent of welfare reform. It was resolution before us now was passed While I have listened to some of the just an exciting time. It was the first through his committee and passed reasons to somewhat diminish any en- time, one of the first times that a Re- through the House and is gone. But the thusiasm for this resolution, I thought publican had the opportunity to serve stubborn fact of the matter is there are to myself, facts are stubborn things. as chairman of a conference com- eight spending bills that have not gone We have legitimate differences between mittee. through the appropriations process and bodies of the Congress and between in- As we were working on welfare re- gone through the House and been dividuals on the potential of war, on form in South Carolina, we were told passed along. We could be dealing with certain appropriations, certain legal we were wasting time. We were told that instead of talking about this reso- questions, the Patients’ Bill of Rights, that it would not work. I was told that lution that is essentially meaningless. Another stubborn fact is we could be and some are legitimate, some are po- we need to have more hearings, and I dealing in particular with the edu- litical, some are not. But facts are offered. I said, well, fine, let us have a cation spending bill, because American stubborn things. Nobody disagrees that hearing every day. Let us meet every families want to know how we are we have changed lives in America, this day until it passes. going to improve their school and edu- Congress did, for 3 million Americans. So it did pass in South Carolina, and Nobody disagrees that there are 2 mil- cation system for their children. it did pass here in Washington. It has We could be talking about smaller lion more Americans out there who we been a phenomenal success, as my col- classroom sizes. can help. Nobody disagrees with that. leagues can see from this chart. We could be talking about well-pre- Some may disagree with the degree of b 1315 pared teachers with good, professional help, but no one disagrees that what There has been since 1994 a reduction development. many feared would put people on the We could be talking about after- in the number of people on welfare by streets has changed their lives. It school programs to help families deal caseload from 14 million to 5 million. It would be sad and tragic for those with the situation that they are work- has been one of the most extraordinary among us that need the most help from ing and their children have a need for successes of social policy in the history this Congress to suffer because this a place to go, and further structures to of the United States. Congress got in so many differences help them pass the rigid exams that So I think it is very important. The during meaningful debates where there are now given as part of the account- House has passed this, and the Senate were issues of differences that it forgot ability aspect. those who have been forgotten the needs to bring it up. This is so impor- All of these the President’s budget most. We have a bill that improves tant for the people to have the oppor- underfunds, despite his high rhetoric child care, we have a bill that improves tunity of independence. on the Leave No Child Behind Act. In the flexibility on TANF. We have a bill I have had the opportunity to visit fact, it is all part of the $7 billion they that takes the stated goal of putting the department of social services of- are coming up short on their budget for those 2 million Americans still on wel- fices all over the district I represent, their promises during that authoriza- fare and giving them meaningful train- from Beaufort to Richmond and Lex- tion bill. ing, meaningful child care, transpor- ington, from Hampton and Allendale. I We could be talking about prescrip- tation and work and independence, and have met the social workers who have tion drugs for our seniors and doing yet the clock is running. made the program work, who have something about the price for all So I concur with the chairman and helped people get jobs. It has been ex- Americans; but apparently the major- many Members on both sides that we citing to see the number of people who ity does not have a way to get that urge those in this Congress to move now have opportunities that they did matter before us, or chooses not to, be- forward and send welfare-to-work reau- not have before. cause they will not be telling the story thorization to the President’s desk for I am just really appalled that the that the American people want to hear. his signature to benefit those 2 million Senate has not acted. I hope they will. We could be talking about small busi- Americans. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE nesses, which their budget proposes to Mr. TIERNEY. Mr. Speaker, I reserve The SPEAKER pro tempore (Mr. cut by billions of dollars, in fact taking the balance of my time. SIMPSON). Members are reminded to away the very popular 7(a) loan pro- Mr. BOEHNER. Mr. Speaker, I am avoid improper references to the Sen- gram, which helps many businesses pleased to yield 2 minutes to the gen- ate. start up and expand and stay in busi- tleman from South Carolina (Mr. WIL- Mr. TIERNEY. Mr. Speaker, I yield ness. There is a lot of rhetoric about SON). myself the balance of my time. how we all ought to support small busi- Mr. WILSON of South Carolina. Mr. Mr. Speaker, my friend, the gen- ness, but nothing coming forward in Speaker, this is a big day for me. It tleman from Georgia, was talking this House where we have the oppor- was just 9 months ago today that I had about facts being stubborn. I think he tunity to do it. the privilege of being sworn in as one is right, but the one stubborn fact that We could be talking about health for of the newest Members of Congress. It we cannot avoid here this afternoon is the unemployed, because the economy was right about this time of the day, that this bill does nothing. It is a very has turned around since this adminis- and I am cherishing that memory at stubborn fact that this is a resolution tration has taken over. It is going

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.043 H19PT1 H6392 CONGRESSIONAL RECORD — HOUSE September 19, 2002 straight downhill. We have gone from a Let us get to the business of this do. We need to help the 58 percent of recipi- surplus situation to a deficit matter. House, Mr. Speaker. Let us do that so ents who are not working or training for a job. We have families in my district and we can let America know that we want We need to end the cycle of family break-up other districts who are out of work oc- to deal with the issues that they are and encourage families to form. We need to casioned by September 11 cir- confronted with every day. They take continue to assist the 2 million families who cumstances. The economy turned down the responsibility to get up. People go remain dependent on welfare. before and after that. They have ex- to work. People do all they can do to I was pleased to vote with large bipartisan hausted their unemployment benefits. support their families, all they can do majorities of the House and the Senate to We have had to have a discharge peti- to give them an opportunity. We have pass the 1996 law. I again voted just this past tion, signed by virtually everyone on the obligation to make sure that the May with a majority in the House for H.R. this side of the aisle, trying to get that government does its part. 4737, the Personal Responsibility, Work and matter before the House’s attention so Mr. BOEHNER. Mr. Speaker, I yield Family Promotion Act of 2002, to strengthen we can do something about extending myself the balance of my time. and extend the 1996 reforms for 5 years. people’s unemployment benefits, so we Mr. Speaker, my colleague, the gen- H.R. 4737 is on the Senate calendar. The can do something about helping them tleman from Massachusetts (Mr. President is waiting to sign this legislation to maintain health care for their family TIERNEY), rattled off a number of bills continue the progress we have made to sup- at this trying time. We have seen noth- that he thought should become law. port low-income families’ efforts to go to work ing coming forward at this opportune The fact is, many of these bills have and give children a chance to succeed in life. time. been passed by this House. As a matter Before the 107th Congress adjourns, we can We could be doing something about of fact, there are some 50 bills that and should have a final vote on this measure. job training, to get people back to have been passed by the House, but yet It’s the right thing to do for the 2 million fami- work. We need that, but this adminis- the Senate has not acted. lies who remain dependent on welfare. tration and the majority only wants to One of those bills would be the pre- Mrs. CHRISTENSEN. Mr. Speaker, I rise to talk about taking away resources. scription drug bill, passed by the speak on H. Res. 525, expressing the sense Mr. Speaker, there is business to be House, but yet the Senate has not of the House of Representatives that Con- done in this House. That business is acted. Another one of those bills is the gress should pass a welfare bill before Sep- not telling the other body what to do welfare reform bill that we are dealing tember 30th. with their time; the business of this with here today. The Welfare Reform bill is among the most House is to take up an agenda of items In 1996, when we passed welfare re- significant and important pieces of legislation that by law we should be dealing with form, all the naysayers said that it will that this Congress will consider. While there is before the end of this fiscal year. push people into poverty, it will push a sense of urgency to adopt legislation on We should be dealing with America’s them onto the streets; we should not do Welfare Reform this year, September 30th is issues, with the people’s problems, the this. I recall the gentleman from Mas- less than 2 weeks away and Congress should ones they want to deal with and that sachusetts making remarks to that ef- not rush to pass such an important bill. We they want to hear us talk about: how fect. should take as much time as is necessary to we are going to educate their children The fact is, since 1996, we have re- work on the bill. The Republican base bill which did not allow and give them assistance to do that; duced welfare caseloads in America by for amendments, would increase poverty in- how we are going to make sure we are some 60 percent. Three million children stead of reducing it, as it purports to do. The not taking money out of the Pell grant in America today are no longer in pov- bill, in its present form, imposes massive new program, or increasing the cost of erty because we helped move people mandates and additional costs on States at a loans for college students at a time from welfare to work. We can make an time when States are struggling financially and when they are really pressed; how we awful lot of additional changes and cannot absorb not one penny more of new are going to give those displaced people help more people in welfare if we are costs. In my district, the U.S. Virgin Islands, the tools to get back to work; how we willing to move the reauthorization of our Department of Health and Human Serv- are going to make sure that people that bill. Now, it just so happens that the wel- ices is under threat of strict penalties for lack have health care; what are we going to fare bill that we passed in 1996 expires of job placements. Jobs are simply not as do about prescription drug benefits, next week. The gentleman wants to get available as they were when the original Wel- and the high cost in an industry that our work done? So do we. That is why fare Reform bill was passed. And let’s not for- makes outrageous profits, but fails to we have this resolution on the floor get that our economy is still recovering from acknowledge the fact that the tax- today, to urge us to complete action on the aftermath of September 11th and that payers’ money assists them with re- this bill so that we can in fact get it to Congress has not passed any economic stim- search and development, so the prices the President’s desk. ulus legislation, except for the Airline bailout should be fairer. Mr. TIERNEY. Mr. Speaker, will the bill. This country’s offshore areas, would be Those are the issues that we should gentleman yield for a clarification? particularly negatively impacted, because of be dealing with in these ending days of The gentleman has a great memory, even less resources, and poor economic con- this session. This should be a shameful but I do not think he can remember ditions with fewer jobs within geographical lim- matter, for our colleagues on the other that I was here in 1996 when I was not. itations. side of the aisle to bring forward this Mr. WOLF. Mr. Speaker, welfare reform is Mr. Speaker, the Welfare Reform bill passed resolution that does absolutely noth- working. The 1996 welfare reform law has by the House is a set back for this country. If ing; that may express good intentions been a huge success in promoting work and the reactionary political climate of an election that we all want a welfare bill to pass giving thousands of needy families a chance year is pressuring us to pass a bill, lets simply through; but the fact of the matter is, to share in the American dream. extend the current authorization into the begin- this body has finished its work. Just take a look at some of the yardsticks ning of 2003 so that we can do this right. Let’s We have much more work to do in which measure the success of the welfare re- think of the people who are most affected by other areas, and it is a disgrace that form law: our actions. Let’s give our states and terri- that is not what is before this House at Child poverty has fallen sharply. Since tories flexibility and let’s give our people hope. this particular time. I would hope and 1996, nearly 3 million children have been lifted Mr. STARK. Mr. Speaker, I rise today in op- think that the leadership on the other from poverty; the African-American child pov- position of H. Res. 525, urging House and side of the aisle might understand that erty rate is now at a record low. Senate conferees to approve a final welfare that is what America wants, and get More parents are working. Employment by bill. down to that business, and get down to mothers most likely to go on welfare rose by It is vital that Congress reach agreement on it soon. 40 percent between 1995 and 2000. welfare so that vulnerable families have the We do not mind working; they may. Dependence fell by unprecedented levels. help and assistance they need to become self- We can be in on Mondays and Fridays. Welfare caseloads fell by 9 million—from 14 sufficient. But, House Republicans are putting We can be in all day Tuesdays and million recipients in 1994 to just 5 million politics ahead of people. They are offering this Thursdays. We do not need to be ending today. resolution to taunt Senate Democrats for not at 3 o’clock on Wednesday and Thurs- As positive as that good news is, we also rolling over and rubberstamping their draco- day. recognize that there is still more work left to nian welfare bill.

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00018 Fmt 4634 Sfmt 9920 E:\CR\FM\K19SE7.051 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6393 I applaud Senate Democrats for taking a nesses and a burden on families which save Mr. Speaker, the death tax is fun- careful look at the challenges facing Ameri- and invest; damentally unjust because it results in cans struggling in poverty. We need to pass Whereas a bipartisan majority of the double taxation. Our Nation’s laws pre- legislation that fixes many of the flaws in wel- House of Representatives passed the Perma- vent double jeopardy in court; we nent Death Tax Repeal Act of 2002 on June 6, fare reform. I am glad Senate Democrats are 2002, by a vote of 256 to 171; should also wipe out double taxation in there to protect these families against Repub- Whereas failure to enact that Act will re- the law. licans that are little more than foxes guarding impose the death tax after 2010 on families, Iowa’s family farmers and small busi- the hen house. farms and small businesses throughout the ness owners pay taxes throughout their House Republicans are declaring that the Nation; lifetimes. After they pass away, the 1996 welfare reform bill is already a success. Whereas the death tax will continue to pre- Federal Government taxes the value of They tout the welfare bill they passed this year vent families from creating, expanding, and their property yet again. More than as an even better improvement. Yet, there are retaining farms and businesses if the death 1,500 families in Iowa and thousands still too many families struggling to get out of tax is resurrected; across this Nation filed death tax re- poverty. There are too many families without Whereas the threat of a resurrected death turns last year alone. The IRS imposes safe and adequate child care. And Repub- tax will cause American families, including farmers and small business owners, to waste rates of up to 60 percent on the value of licans have largely ignored the vast number of vast amounts of their time and other re- a family farm or business when the people who face insurmountable barriers in sources on efforts to plan to comply with the owner passes away. moving from welfare to work. tax;— To pay these very enormous tax bills, The bill passed by House Republicans ig- Whereas permanent repeal of the death tax many people, many kids, are asked to nores the last six years of careful study in ap- will promote job creation and economic visit the IRS and the undertaker on plying the same old ideological prescriptions to growth by allowing farm and small business the very same day, forced to sell their very real flaws in welfare reform. They are fo- families to invest in productive, job-creating farms or businesses in order to pay for cused on kicking people off welfare without assets those resources they will otherwise those taxes. These are family busi- any concern for whether or not these Ameri- spend on planning for and paying death nesses and family farms that in some taxes; and cans have jobs that pay a living wage. Their instances have been in their family for bill fails to expand access to job training, edu- Whereas the Senate has not passed that Act or equivalent legislation: Now, there- generations. cation or rehabilitative services needed for fore, be it Mr. Speaker, sound planning cannot them to maintain stable employment. Resolved, That it is the sense of the House be made without stability in our Tax The American people want results, not polit- of Representatives that the Congress should Code. The President recently spoke ical gamesmanship. Vulnerable families strug- complete action on the Permanent Death about this need for permanent tax re- gling on welfare deserve meaningful help and Tax Repeal Act of 2002, and the Congress lief in Iowa this week. He is ready to a fighting chance to succeed. Let’s not give should present to the President prior to ad- sign a bill. Republicans an opportunity to score political journment the Permanent Death Tax Repeal The current uncertainty surrounding Act of 2002. points at their expense. I urge my colleagues the death tax makes it extremely dif- to join me in voting against this resolution. The SPEAKER pro tempore. Pursu- ficult for owners of Iowa’s family farms Mr. BOEHNER. Mr. Speaker, I yield ant to House Resolution 527, the gen- and businesses and America’s family back the balance of my time. tleman from Iowa (Mr. NUSSLE) and the farms and businesses to make wise de- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE gentleman from Wisconsin (Mr. KLECZ- cisions. The legal and administrative The SPEAKER pro tempore. The KA) each will control 30 minutes. costs of compliance inhibits the eco- Chair would remind all persons in the The Chair recognizes the gentleman nomic growth and expansion that our gallery that they are here as guests of from Iowa (Mr. NUSSLE). economy so sorely needs at this time. the House and that any manifestation Mr. NUSSLE. Mr. Speaker, I yield The House has done its work. It has of approval or disapproval of pro- myself such time as I may consume. passed permanent death tax repeal. ceedings or other audible conversation Mr. Speaker, the House has done its The Senate has failed to act. We need is in violation of the House rules. work on so many issues this session, action, and America needs action. All time for debate has expired. including passing a budget. In fact, we Mr. Speaker, I reserve the balance of Pursuant to House Resolution 527, have passed our budget twice in the my time. the resolution is considered as read for House of Representatives, standing Mr. KLECZKA. Mr. Speaker, I yield amendment, and the previous question shoulder to shoulder with the Presi- myself such time as I may consume. is ordered. dent at this very important time in Mr. Speaker, I rise in opposition to The question is on the resolution. America’s history. this resolution before us today. This The question was taken; and the We have done our work. Among our resolution is nothing more than a press Speaker pro tempore announced that accomplishments, the House has passed release; and I believe that the appro- the ayes appeared to have it. the Permanent Death Tax Repeal Act priate arena for press releases is in the Mr. BOEHNER. Mr. Speaker, on that of 2002, H.R. 2143, by a very healthy, bi- press gallery, not here on the floor of I demand the yeas and nays. partisan margin back in June. The The yeas and nays were ordered. the House of Representatives. I always The SPEAKER pro tempore. Pursu- Senate has not yet taken action on thought that the floor was where we ant to clause 8 of rule XX, further pro- this legislation. debated legislation, not press releases. ceedings on this question will be post- A temporary repeal of the death tax The amount of unfinished business poned. makes absolutely no sense. It does not currently pending is extremely large. make any sense, and it is not fair. Un- Not one of the 13 mandatory appropria- f less this very subtle quirk in the law is tion bills has become law, even though SENSE OF HOUSE THAT CONGRESS not repealed, thousands of Americans the next fiscal year is only about a SHOULD COMPLETE ACTION ON will lose tax relief that they deserve week away. In fact, this House has only PERMANENT DEATH TAX RE- and that they expect. passed five of those 13 appropriation PEAL ACT OF 2002 Let us call this what it really is. If bills. Mr. NUSSLE. Mr. Speaker, pursuant we do not permanently bury the death The Republican leadership has re- to House Resolution 527, I call up the tax, small business owners and family fused to schedule desperately needed resolution (H. Res. 524) expressing the farmers will face a massive tax in- bipartisan school construction legisla- sense of the House that Congress crease in 2011. The 2001 tax relief law tion. The Republican leadership has should complete action on the Perma- phases out the death tax entirely by also failed to schedule legislation to nent Death Tax Repeal Act of 2002. 2010; but without action to ensure per- help all Americans with escalating pre- The Clerk read the title of the resolu- manency, it reappears in its full fury scription drug costs. Now the Repub- tion. on January 1, 2011. This creates a ridic- lican leadership has a new strategy: The text of the resolution is as fol- ulous situation where one minute, one pass resolutions praising old, irrespon- lows: moment, one tick of the clock means sible tax bills and then blame the Sen- H. RES. 524 the difference between no death tax ate. Whereas the death tax has been a leading and a full hit, depending on when some- The resolution before us today is not cause of the dissolution of family-run busi- one passes away. only a press release, but it is a very

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A19SE7.016 H19PT1 H6394 CONGRESSIONAL RECORD — HOUSE September 19, 2002 misleading one, at that. The under- the contrary, the problem has been the going home in a few weeks at the end lying bill has no effect until the year forced liquidation of small businesses, of this Congress. 2011. Notwithstanding the rhetoric, the and the people that are laid off, who Mr. Speaker, H.R. 5008 would, effec- estate tax affects only the wealthiest lose their jobs at ranches and farms tive January 1 of 2003, take the exclu- segment of our society. Let me repeat and small businesses across the coun- sion for estate tax up to $6 million for that, Mr. Speaker: notwithstanding try are not the rich. In fact, the rich couples. If a couple has assets of less what my friend, the gentleman from person is the only one who does not than $6 million, we have repealed the Iowa (Mr. NUSSLE), has said, the estate care because he is dead by definition, estate tax. tax affects only the wealthiest segment but, rather, they pay a 100 percent tax Now, what is important is to note of our society. In fact, only 1.3 percent because they lose their jobs, they lose that this is effective January 1 of 2003. of all estates face inheritance taxation. everything. By destroying jobs, by de- The legislation advanced by my friend across the aisle does not have an effec- b 1330 stroying small businesses, the death tax has properly earned the oppro- tive date until 2011. Nothing they are The Republicans have defeated brium of the American people. talking about on their side takes effect Democratic efforts to prescribe imme- Now, in the other body they slipped before 2011. We proposed something diate tax relief in the estate tax area in a mickey. Repeal expires somehow that takes effect in a very meaningful by increasing the exemption. in 10 years. That 10 years is coming way January 1 of next year. The gentleman from North Dakota closer so it is January 1, 2011 that we I was moved when my friend from (Mr. POMEROY) offered a substitute ear- will have the death tax right back Iowa (Mr. NUSSLE) talks about family lier this year which would have pro- again, even though it has been re- farms, visiting the IRS and the under- vided an immediate $3 million exemp- pealed. That is why the New York taker on the same day. That is a ter- tion per person or $6 million for mar- Times referred to this as the ‘‘Throw rible thing. Let us do something about ried couples. That substitute would Mama From the Train Act.’’ it. have immediately repealed the estate Whether you are for or against a The research that I have done shows tax for virtually all farms and vir- death tax, nobody can be in support of that if we take what Democrats would tually all small businesses. But the Re- this provision that has a repeal and be prepared to vote for right now, ex- publicans did not let that come up for then springs back to life in 10 years. cluding couples with estates under $6 a vote. However, those farms and small The House has acted and now both the million from the estate tax effective businesses were held hostage by the House and the American people want January 1 of 2003, virtually all the Republican leadership in its attempt to the Senate to act on permanent death farms in North Dakota do not have es- repeal the estate tax for the truly tax repeal. tate tax problems. And if you look at wealthy. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE how this applies to small business, you Finally, Mr. Speaker, I would urge The SPEAKER pro tempore (Mr. can almost conclude the same thing. that this House return to the real SIMPSON). The Chair would remind all IRS data shows that 99.7 percent of issues facing this country: The lack of Members to confine their remarks to the estates in this country do not have a prescription drug benefit under the factual references to the other body, problems. We take this estate tax issue Medicare program, reducing the costs and avoid remarks characterizing Sen- and we eliminate it. We repeal it. We of prescription drugs for everyone, bal- ate action or inaction, remarks urging repeal it immediately for all but three- looning deficits, the need to finance Senate action or inaction, or references tenths of 1 percent; 99.7 percent get full our fight against terrorism and a bipar- to particular Senators. relief now. tisan commitment to improve our edu- Mr. KLECZKA. Mr. Speaker, I yield Now, at the end of a legislative ses- cation system. myself 10 seconds. sion, these family farms the other side Mr. Speaker, I reserve the balance of Mr. Speaker, my good friend from speaks so much about, they want some- my time. Iowa (Mr. NUSSLE) indicated all the thing and they want it delivered. They Mr. NUSSLE. Mr. Speaker, I yield items I talked about, we passed. Well, I want it now. I would suggest to the myself 10 seconds. would challenge him to tell the House other side, what would be wrong with Mr. Speaker, all of bills that the gen- when we passed legislation to reduce the procedure where you take what you tleman just mentioned, the House has the cost of prescription drugs for ev- can get right now and you come back passed. It is, again, the Senate that erybody in this country. There is a dis- for more later. fails to act. charge petition pending and I challenge Your bill does not do a thing until Mr. Speaker, I yield 2 minutes to the him to sign it if he is serious about 2011, so what is the matter with taking very distinguished gentleman from that. $6 million as an estate tax exclusion California (Mr. COX). When did this House do anything right now and come back for the rest Mr. COX. Mr. Speaker, I would ob- about school construction costs? On later. serve in response to the previous that we have done nothing at all. Mr. Speaker, I yield to the gentleman speaker that the House has acted on Mr. Speaker, I yield 6 minutes to the from Iowa (Mr. NUSSLE) to answer that prescription drugs. We have passed a gentleman from North Dakota (Mr. question. prescription drug bill here to add a pre- POMEROY), a distinguished member of Mr. NUSSLE. Mr. Speaker, I will be scription drug benefit for Medicare the Committee on Ways and Means happy to answer that question. beneficiaries. The President has said he who has advanced some real reforms in The gentleman does not give us per- will sign it and it awaits action in the the inheritance tax area. manent death tax repeal. We want per- Senate where the bill is not moving. Mr. POMEROY. Mr. Speaker, I thank manent death tax repeal. The same is true of the death tax. the gentleman for yielding me time. Mr. POMEROY. Reclaiming my time, The House has acted. We have already, Mr. Speaker, what we have before us it is absolutely permanent for estates Democrats and Republicans, voted on a is a sense of Congress. And we can pass of $6 million and below. bill by majority vote here and sent it these all day long and they will not ac- Effective January 1 of 2003, if you are to the Senate. It is the bill the Presi- complish anything. So let us talk on a couple with an estate valued at $6 dent has asked for and he will sign it. this important topic, the estate tax, es- million and below, we forever repeal It makes permanent the repeal that is pecially as applied to family farmers your estate tax exposure. What would already in existing law. We repealed and small businesses, about doing be the matter with taking that as an the death tax originally because a ma- something real and doing it now. opening proposition? We will take the jority of the Congress and a big super I have legislation very similar to problem and make it go away for $6 majority of the American people recog- what we considered when we considered million and below and we will come nize that the virtual confiscation of an the substitute to the estate tax repeal, back for the rest later. individual’s after-tax lifetime savings and I am absolutely convinced as I Because I will state that the legisla- is wrong and immoral. stand here before the Speaker that we tion the gentleman supports will leave It was said just a moment ago that can enact this legislation and get it to farm families with joint estates of $2 this somehow affects only the rich. To the President for his signature before million and below subject to estate tax

VerDate Sep 04 2002 01:58 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.057 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6395 exposure in 2003. Under my legislation, Mr. Speaker, I yield 1 minute to the elderly do not have to choose between it would be $6 million and below. very distinguished gentlewoman from heating their homes and eating this Why would they not take the $6 mil- Illinois (Mrs. BIGGERT). year. Oh, no, no, no, no, no. lion now and come back for the rest Mrs. BIGGERT. Mr. Speaker, I do All it says is that the one thing we later? rise in strong support of permanently will take the time out to prattle about Mr. Speaker, I yield to the gentleman repealing the death tax which was is the need to satisfy the richest people from Iowa (Mr. NUSSLE). passed by the House. in this country with yet another tax Mr. NUSSLE. Because of the magic In a former life I practiced estate break. word the gentleman has put into their law. I worked with people to navigate b 1345 legislation, and that is ‘‘if.’’ We have this extremely complex tax. And I was no ifs. We want permanent death tax not helping the Warren Buffets or the Those people just happen to be the repeal. They have permanent death Bill Gateses of the world. I was helping people who can make the most gen- tax. And only if, then we get some kind the sons and daughters of small busi- erous response to fund-raising requests. of exclusion. We want permanent death ness owners to try and keep their par- The leadership of this House appar- tax repeal. ents’ dreams alive so that they would ently does not want the House to vote Mr. POMEROY. Reclaiming my time, have that property. for a Labor-H bill that adequately because what the gentleman has done This insidious tax punishes thrift. It funds our schools and funds health care is lay out very clearly where he comes has discouraged entrepreneurship and problems, and yet they also do not down. He comes down on behalf of the it has penalized working families. want their caucus members to vote for richest three-tenths of 1 percent and What is more, taxing money that has a bill that sticks it to the schools and the gentleman is not about to let those already been taxed is patently unfair. the elderly before the election. They family farmers in Iowa or North Da- In Illinois alone, over 5,500 families want to put that dirty business off kota get the meaningful relief they de- filed a death tax form in 2001. Many of until after the election. Oh yes, we will serve January 1 of 2003, because they them were small business owners and solve that problem later we are told; are holding out for the Ken Lays and many of them were family farmers. you understand, we are too busy to do the multi-bazillionnaires of this world Mr. Speaker, sound decisions cannot that now. as opposed to taking action now that be made without permanency. The un- What they want to do is obvious. for Iowa and North Dakota family certainty of the future of the death tax They want to do the same thing they farmers would virtually make the es- makes it difficult for owners of family did 2 years ago. They want to hide from tate tax go away. businesses and farms to make wise eco- parents interested in education in this When one is a family farmer, we are nomic decisions. Any way you look at country what their intentions are for dealing with assets of less than $6 mil- it, Americans are taxed too much, not the education budget until after the lion per farm couple. And that is why too little. It is time for Congress to election; and then after the election, initiating this legislation, H.R. 5008, bury this burden once and for all. they will cut back the expenditures for that is why this legislation is so impor- Mr. KLECZKA. Mr. Speaker, I yield 4 education just as they did 2 years ago, tant. just as they did 2 years ago. We significantly improve the situa- minutes to the gentleman from Wis- Mr. Speaker, in my view, this House tion from their tax exposure January 1, consin (Mr. OBEY), the ranking member is sick. It is dysfunctional. It focuses $6 million and below, no estate tax of the Committee on Appropriations. only on the needs of a tiny fraction of under our legislation January 1. Mr. OBEY. Mr. Speaker, I thank the Under the majority bill, estates over gentleman for yielding me time. our society, the most well-off 2 per- $2 million will be subject to estate tax. Mr. Speaker, this resolution does not cent. If ever there was a product that They do nothing about that. They belong on the floor of the House of Rep- demonstrated the true values of the leave this exposure out there until the resentatives. It belongs on the floor of people who run this House, this is it. year 2011 because they have taken the the Mickey Mouse Club. This resolu- This is it. For all practical purposes, position if they cannot deal with every- tion says that Congress, which has not this Congress is in a government shut- body, they will not deal with anybody. been able to do its work, ought to use down. You just have not had the guts They will hold out for the richest its time to pass resolutions telling to tell the people yet, and then you sin- three-tenths of 1 percent in this coun- itself to get its work done. Only in this gle out one little exception of that try, rather than move legislation for- place would that make sense. shutdown to reward the people who can ward that will help family farmers and What is also revealing about this tur- respond with thousand-dollar and hun- small business. I think it is a shame key is the fact that it selects what dred thousand-dollar contributions. My because right now, at the end of this work it wants to put at the top of the God, what a set of priorities. session, the Democratic minority is priority list. And guess what it is? This Mr. NUSSLE. Mr. Speaker, I yield prepared to enter a bill that will make resolution does not say that this House myself 10 seconds, and say what really the estate tax for $6 million for couples should sit down and meet its basic re- needs to be exposed is the tax-and- go away. And if you want to come back sponsibilities by passing the budget for spend attitude of the gentleman who for more later, come back for more the year, by passing the appropriations just spoke. Taxes and spending, taxes later. Your bill does not take effect, bills. Those are the only real budgets. and spending. Raise taxes, increase anyway, until 2011. I think if you were The budgets that come out of the Com- spending. real sincere about this, you would take mittee on the Budget are a joke. Mr. Speaker, I yield 1 minute to the what you could get now and come back This resolution does not say that we gentleman from Illinois (Mr. SHIMKUS). for the rest later. should meet our responsibilities to (Mr. SHIMKUS asked and was given The point is they are not sincere. homeland defense by passing an appro- permission to revise and extend his re- This is a political press release and it priations bill that adequately funds the marks.) is a shame. FBI and the Coast Guard and the U.S. Mr. SHIMKUS. Mr. Speaker, it is no Mr. NUSSLE. Mr. Speaker, I yield Marshals to protect the American peo- secret that the Tax Code hurts our myself 10 seconds. ple from terrorists. It does not say the economy. We all know that Americans Mr. Speaker, I appreciate the gentle- Republican caucus ought to end its in- who try to save get penalized and that man’s comments on my sincerity and I ternal war so they can finally bring to many Americans need tax attorneys will reserve making the same claim this floor the Labor, Health and Edu- and lawyers to help them file their re- back. cation bill so we can meet our respon- turns, especially the farmers and small We repeal the death tax, no ifs, no sibilities to fund education and Federal businessmen impacted by the death ands, and no buts. The gentleman from investments in education for the year. tax. North Dakota (Mr. POMEROY) cannot Oh, no, no, no. It does not do that. While the House has passed legisla- even get a majority on his own side to It does not say that the Congress tion to make the death tax repeal per- agree with his amendment and his mo- ought to get off its duff and assure that manent, because a temporary repeal of tion to recommit, as we saw in the last we have a fully funded fuel assistance the death tax just makes no sense, it time it was presented on the floor. program to ensure that our low income still has not been signed into law. As

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.063 H19PT1 H6396 CONGRESSIONAL RECORD — HOUSE September 19, 2002 we wait, families are selling their wealthy to the middle income and pay- to urge action on the permanent repeal farms and their businesses just to pay ing for it by requiring the people of of the death tax, the only tax that their taxes. They are putting money this country to borrow more money, forces families to visit the undertaker into hiring attorneys and lawyers to putting into jeopardy the Social Secu- and the IRS on the same day. find ways around the tax instead of in- rity trust fund and the Medicare trust For the past 85 years, small-family vesting in their businesses and hiring fund. That is where they are borrowing businesses have been forced to hand new workers. All this is happening the money. over up to 60 percent of the estate to while the rich continue to avoid the es- So while they give tax cuts to mil- the Federal Government. This is a re- tate tax by setting up charitable foun- lionaires, they jeopardize the Social quirement for the families to sell their dations and other schemes. Security trust fund, they jeopardize farms, sell their small businesses, sell Mr. Speaker, family farms and busi- the Medicare trust fund, and they their fishing boats in order to satisfy nesses, especially in Illinois, have the make the government borrow more their tax obligation. One does not have right to pass the fruits of the labor on money. This is cynicism at its worst. to be an advocate for less government to their children. Congress needs to Mr. NUSSLE. Mr. Speaker, I yield 2 to understand that taxing the dead is act. I look forward to voting on this minutes to the very distinguished gen- just a bit extreme. legislation today, and I urge my col- tleman from Nebraska (Mr. OSBORNE). Family businesses from Montauk leagues to support this legislation. Mr. OSBORNE. Mr. Speaker, I thank Point to Monterey Bay have worked Mr. KLECZKA. Mr. Speaker, I yield the chairman for yielding me this hard, many times through several gen- 30 seconds to the gentleman from Wis- time. erations to reach the American dream. Mr. Speaker, I think it is imperative consin (Mr. OBEY). It is our duty to protect and secure the Mr. OBEY. Mr. Speaker, the gen- that we do something to repeal the dream for the future generations of tleman from Iowa just attacked my po- death tax permanently. We can change Americans that wish to work the fam- sitions as a ‘‘tax and spender.’’ I would many taxes, such as the income tax, ily farms that their grandfathers built, point out that when he took over as the sales tax, the property tax, from lead the small businesses that their year to year; and it does not promote chairman of the Committee on the mothers started, or fish the waters of long-term devastation. But when we Budget, this committee was running a their fathers. It is their right to carry have a death tax that is in force until large surplus; and under his magnifi- on the American dream, and the Fed- the year 2009 and in 2010 it goes away cent leadership he has managed to re- eral Government should not take that completely and in 2011 it comes back to turn us to deficits of over $300 billion dream away from them. 55 percent, we have an untenable posi- when you count the Social Security ac- I urge my colleagues to join me in tion. It is absolutely impossible to do count. Taxes and spending may be bad, supporting the passage of the removal any long-term estate planning under but taxes and borrowing is a whole lot of the death tax and make it perma- the present system, and that is why worse. nent. The House has moved expedi- this has to be repealed so people can Mr. KLECZKA. Mr. Speaker, I yield 2 tiously on this issue; the Senate has plan now in 2002 what is going to hap- minutes to the gentleman from New yet to act. pen in 2012, 2013, 2014, and 2015. Mr. KLECZKA. Mr. Speaker, I yield 2 York (Mr. HINCHEY). Let me give a quick example. We Mr. HINCHEY. Mr. Speaker, this res- minutes to the gentleman from Massa- have heard about the very wealthy peo- olution calling upon the other House to chusetts (Mr. NEAL), a distinguished ple who are profiting from this. There join in the permanent repeal of the es- was a ranch that was owned by Doris member of the Committee on Ways and tate tax I think reduces cynicism to a and Harry Coble in Nebraska. This was Means. Mr. NEAL of Massachusetts. Mr. new low. The permanent repeal of the a 12,000-acre ranch in the Sand Hills. Speaker, today we are voting on a estate tax, first of all, very obviously That is a small ranch that will barely sense of the House resolution which, benefits only a handful, a tiny fraction support one family, maybe an income frankly, makes no sense. Rather than of the American people; but the other of $30,000, $40,000 a year. It was in the problem has to do with the other taxes family for over 100 years. The land ap- taking up legislation that actually that have been repealed by this House preciated over time. The land and cat- helps our ailing economy, rather than or reduced by this House. tle upon their death was worth about $5 providing relief for workers or pen- A study just out today by the Brook- million. The inheritance tax on that sioners who have fallen victim to cor- ings Institution and the Urban Insti- ranch was over $2 million. The capital porate greed, rather than tackling the tute shows the fraudulent nature of gains ran that up to about $3 million, remaining eight appropriations bills in that tax cut. It shows how middle-in- and the heirs absolutely could not af- the 2 weeks before the fiscal year ends, come people are being forced into the ford to own that property. So who the Republican leadership is wasting alternative minimum tax. It shows how bought the property? Ted Turner. Will time in the people’s House by playing middle-income people across the coun- Ted Turner pay an inheritance tax? politics. try are going to pay up to $1 trillion in Will he pay a death tax? No, he will We all remember, Mr. Speaker, the alternative minimum taxes over the not. That is the upper three-tenths of 1 glorious talk of future surpluses ‘‘as course of the next decade. It shows how percent we have been talking about. So far as the eye could see’’ in order to the tax cut that was rammed through our property in Nebraska and other provide a trillion dollars in tax cuts for this House in the early days of 2001 by parts of the Midwest is being bought the next 10 years. Sadly, these sur- the Bush administration, when the Re- out by absentee landlords who are able pluses have vanished, and now we are publicans controlled both Houses of the to buy those lands and those properties scratching our heads trying to figure Congress, is shifting the burden of tax- at those prices. So we are losing the in- out how to fund national priorities. ation away from the rich and to the come, we are losing the capital from The President has asked for $38 billion middle class. those areas, and the ownership is mov- for homeland security, $48 billion more Middle-income people are paying ing out of the State. for national defense, and now perhaps 1 more and more taxes under their so- So I think for the benefit of ranches, to 2 percent of the GDP, $100 to $200 bil- called tax cut while millionaires are farms, small businesses, we absolutely lion to prosecute the war in Iraq; and paying less and less taxes; and that is have to make this permanent which we know in this Chamber today that what they want to do with this par- will provide us with some long-term the President is going to get much of ticular tax cut today, to the estate tax, planning capabilities. what he asks for. and of course, they have not figured Mr. NUSSLE. Mr. Speaker, I yield 1 But with a war on terrorism and Iraq out how to pay for any of this. minute to the distinguished gentleman looming, the Republicans have chosen What they have done is taken us from New York (Mr. GRUCCI). to spend the last few months pushing from a situation of budget surpluses (Mr. GRUCCI asked and was given one bill after another to cement in just 2 years ago to a situation now of permission to revise and extend his replace the Bush tax cuts. Any economist increasing budget deficits. That is how marks.) worth his salt or her salt will tell you they are paying for these programs, Mr. GRUCCI. Mr. Speaker, today I that the future is always uncertain, shifting the tax burden from the come to the floor to support a measure particularly long-term forecasts. So

VerDate Sep 04 2002 01:58 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.065 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6397 why would you want to lock in esca- The gentleman from Iowa (Mr. tion and the rules of the House, but lating tax cuts? NUSSLE) last year passed this budget, check the record. Every one of us today has had an op- the President’s budget and the Presi- Mr. Speaker, it was Osama bin portunity in our offices to hear from dent’s tax cuts, and the net result of Laden. Osama bin Laden. There is a the 3,000 visitors who have successfully that budget and those tax cuts, passed name out of history that maybe we for- fought the scourge of cancer in their with Republican votes in the House and get from time to time who had at least own lives. Six people from my congres- Senate, because the other body was a little bit to do with what has hap- sional district visited with me today. controlled by the Republicans then, pened this last year; a little bit to do Ovarian cancer, breast cancer. They has increased the national debt by with the challenges in our economy; a were applauding the work of the NIH, $440,604,894,921 in 1 year. little bit to do with the emergency applauding the work of our hospitals, The President was in Iowa last week that we have before us; a little bit to particularly our teaching hospitals saying we need a budget. My goodness, do with the war against terrorism. It across the country and universities, if it is another one of those, we do not seems to escape Members’ memory and asking us for more money for can- need it. This is on track to be the larg- banks; but the one thing that should cer research. We know that that is a est deficit in American history. The not escape Members’ memory banks is priority, and the Members of this previous record was held by then-Presi- that we should not have a Tax Code in House are about to act upon an estate dent Bush in 1991 where the fiscal year America that taxes Americans con- tax repeal that they know in the next budget increased by $435 billion. stantly and consistently when they are year or so we are going to have to re- If this continues, and we only have 12 not looking. We need to make perma- visit. It is sad commentary on the pri- days left in this fiscal year, the gen- nent the death tax repeal. orities that we have as Members of this tleman from Iowa (Mr. NUSSLE) would Mr. KLECZKA. Mr. Speaker, I yield House. have orchestrated the single largest in- 30 seconds to the gentleman from Mis- Mr. NUSSLE. Mr. Speaker, I yield 1 crease in the American deficit in 1 sissippi (Mr. TAYLOR). minute to the very distinguished gen- year. And according to Mitch Daniels, Mr. TAYLOR of Mississippi. Mr. tlewoman from West Virginia (Mrs. Director, Office of Management and Speaker, I would remind the gentleman CAPITO). Budget, just last week in a meeting from Iowa (Mr. NUSSLE) that the Sep- Mrs. CAPITO. Mr. Speaker, I thank with a number of conservative House tember 11 attacks were 19 days before the chairman for yielding me this Democrats, only 10 percent of the the end of the last fiscal year. In the time. President’s tax cuts have taken effect last fiscal year, we ran a deficit. It was Mr. Speaker, the death tax is one of so far. So how broke will we be when not because of the last 19 days. By all the most unfair taxes. It taxes farmers the other 90 percent kicks in? accounts the war on terror has cost and small business owners twice. First Mr. Speaker, I know the gentleman this Nation $20 billion. That means the they pay taxes throughout their years from Iowa (Mr. NUSSLE) well enough to other $420 billion worth of debt went to and then the Federal Government say that he would not go buy a house other things. Spending increases oc- taxes the value their property again at and say to the Realtor, I do not care curred because the Republican budget the time of their death. More bluntly what it is going to cost because my passed with Republican votes. Reduc- put, it is simply unjust; and if you do kids are going to pay for it. I guarantee tions in collections occurred because of not believe that, just ask Charles Members the gentleman would not go the Republican budget. Wilfong, a farmer from my home State buy a fancy car and say, I do not care Mr. Speaker, the number is $440 bil- of West Virginia. Mr. Wilfong wants to what it costs because my yet-unborn lion. That is a thousand, times a thou- be able to pass his farm along to his grandchildren are going to pay for it. sand, times a thousand, times 440 fur- children, but he is so fearful that his That is the effect of the gentleman’s ther in debt than we were 1 year ago. children will have to sell portions of tax cuts. The gentleman took a Nation One would think that Republicans the land in order to pay the hefty bill that broke even 1 year, and increased would be looking for ways to balance the IRS will hand them once he passes the national debt by $440 billion the the budget. away. Desperately trying to keep his next there. There is nothing funny Mr. NUSSLE. Mr. Speaker, I yield 2 farm intact for his children and grand- about this because the other side of the minutes to the gentleman from Geor- children, he continues to explore po- aisle are sticking my kids with their gia (Mr. KINGSTON). tential legal methods to keep that bill. Yes, some kids, like the Bush kids, Mr. KINGSTON. Mr. Speaker, I am which he has worked so hard for. are going to get a $10 million tax break proud of many of the things that we Mr. Speaker, Mr. Wilfong is not out of this; but my kids get stuck with have accomplished in the 107th Con- alone. Many other farmers and small the bill; and until that bill is paid, they gress. On the House side, we have businessmen and women could suffer are going to pay, like every other passed lots of legislation, from home- disastrous effects that the death tax American child, $1 billion a day on inland security to pension reform to can have on their future. Many people terest on that debt. cracking down on corporate fraud and have worked hard their whole lives to Mr. Speaker, if the gentleman thinks misdeeds. We have done a lot of things. build a strong future for their children more of that is a good thing, please tell Plus, we have passed a budget. Unfor- and grandchildren. Our tax laws should the American people that more debt is tunately, in a bicameral legislative not punish hard work by forcing family good. I happen to think the national body, there needs to be a budget on members to pay death taxes to the debt is the single largest threat to our both sides to get things moving. IRS. Nation at this moment. Here an example of some of things Mr. Speaker, I urge Congress to give Mr. NUSSLE. Mr. Speaker, I yield that we have done: the House has voted permanent relief from the death tax. It myself 1 minute. to end the death tax. Just ending it is time for Congress to banish the Mr. Speaker, we have heard a speech alone would create 200,000 jobs in death tax once and for all. on the floor today that I am the least America. To say we do not need that, f effective and that the budget is a joke. to say that is not important is ridicu- That was by the gentleman from Wis- lous. It increases household savings b 1400 consin (Mr. OBEY), the very distin- due to the lower prices by $800 to $3,000 Mr. KLECKZA. Mr. Speaker, I yield 2 guished ranking member of the Com- a year. The American people want the minutes to the gentleman from Mis- mittee on Appropriations. death tax cut made permanent. sissippi (Mr. TAYLOR). Now we hear from the gentleman The President is waiting to sign this Mr. TAYLOR of Mississippi. Mr. from Mississippi (Mr. TAYLOR) that I bill. Making it permanent gives people Speaker, there is something that some- am the all-powerful chairman of the something that they can count on, how is not mentioned very often on Committee on the Budget that can, some dependability. The House passed this floor, and that is our Nation is with the wave of my hand, both create this several months ago. The fact is the going broke. We certainly have mili- surpluses and deficits. I would submit Senate has not acted on House legisla- tary threats, but we have an even big- to both gentlemen that they probably tion to permanently repeal the death ger threat of our Nation going broke. not only need to check the Constitu- tax.

VerDate Sep 04 2002 01:58 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.068 H19PT1 H6398 CONGRESSIONAL RECORD — HOUSE September 19, 2002 Unfortunately, that is not the only are facing a real problem of trying to the estate tax. I represent a district as thing: welfare reform. 14 million people deal with a tax that they believe to be large as the gentleman who just spoke, used to be on welfare. It has dropped wrong. Many believe, as I do, that it is and today if a couple like that in my now to 5 million people. Five million simply immoral to tax twice assets district passed away, there is a $2 mil- people. We are still working on it, but that people have worked all of their lion exemption. just think about it, 9 million people are lives to save, to try and put something b 1415 now working and productive citizens. together for a family, to build a busi- The American people want welfare re- ness, and then at the day of death have In my district, there are not many form, and they want us to continue; the Federal Government walk in and people who are sweating over the in- but the fact is the Senate has not acted say that we are going to take away 50 heritance tax because we do not have on welfare reform legislation that the to 60 percent of those assets that have that wealth. $2 million for a couple just House passed months ago. been worked a lifetime for. is not there. What they are wringing Another fact, the Senate has not There are some economists that say their hands over is an affordable drug acted on this legislation. There are that no one pays the death tax; it is benefit for Medicare, something that only 11 days remaining before the his- not a big consequence. The fact of the this House did not pass in decent form. toric 1996 reforms expire on September matter is that is simply wrong. I can Mr. Speaker, I yield 3 minutes to the 30. This is not a good way to conduct give an example of the Behn family in gentleman from Maryland (Mr. HOYER). business in this town; and this is one my home county. I talked to Larry Mr. HOYER. I thank the gentleman thing that the American people want, Behn this morning. He is the grandson for yielding time. is us working together and passing this of Arthur and Frieda Behn. Larry is Mr. Speaker, if I could have one wish legislation and getting it to the Presi- selling cars in Hampton today. Back in today, I would wish that hardworking dent. the early 1980s, he had the misfortune Americans could take 5 minutes out of Mr. KLECZKA. Mr. Speaker, I yield 2 of losing both of his grandparents at their busy schedules and watch this ri- minutes to the gentleman from New the same time. At that time land val- diculous Republican charade occurring Jersey (Mr. PASCRELL). ues in Iowa and across the Midwest right now on this House floor. They Mr. PASCRELL. Mr. Speaker, I rec- were at the very highest they have ever would be outraged, as I am. The Presi- ommend that our Congress on both been. Because both of his grandparents dent has not signed even one of the 13 sides of the aisle read the front page of passed away at the same time, the must-pass appropriation bills that fund the New York Times Business Section valuation of their property came in at everything from the Department of De- today. The horror that has been let that very high level. They, like most fense to Federal spending on transpor- loose on the American people has to be farmers, did not have the cash to pay tation, education and health care. Not accounted for. This is no left con- that. As the estate settlement went on, one. This House has failed to consider, spiracy. What has been done is uncon- the valuation of farm land in Iowa let alone pass, even one appropriations scionable. conference report. Not one. Yet, with What has happened, they want to ex- nose-dived. By the time they were forced to sell those farms, the 1,500 just 11 days left in the current fiscal acerbate this situation and make it year, with eight appropriation bills worse. In 2001, only 1 million people acres that Arthur and Frieda Behn had worked a lifetime to put together so still to be considered by this House, we were eligible for the alternative min- are dithering on a blatantly political imum tax. When these tax cuts go into their children and grandchildren would have that opportunity, the valuation and utterly meaningless resolution on effect and the full effect is there, 37 the permanent repeal of the estate tax. million people will have been impacted was about a third. They had to sell off that land. Be- Does the GOP have an ideological by the alternative minimum tax. The predisposition to mismanage? Or has it other side better prepare those tax- cause the valuation had gone down so much, it barely covered the cost of the been hijacked again by the faction that payers, or we better figure out in the Newt Gingrich called, and I quote, ‘‘the 10-year budget how we are going to ef- death tax that they were stuck with. Because of that, they have lost those Perfectionist Caucus’’? Those are Newt fect what has been brought upon this Gingrich’s words, not mine. We have country. The Republicans have forced 1,500 acres of land. They have lost that hope that Arthur and Frieda Behn had already passed a permanent repeal of us into deeper debt. And those people the estate tax, a repeal that benefits, making between $75,000 and $500,000 put together over a lifetime. It is simply wrong what this death tax does to as my friend from Wisconsin has said, a will be impacted even 4 to 5 years from few thousand wealthy families at the now. The other side of the aisle better real people. We have got to repeal it expense of millions, not once but twice. tell them now, tell them what is at and do away with it because it is So why this resolution and why now? stake for them; otherwise they are wrong. There is right and wrong in this Here is why. Because the Republican doing a disservice to the American tax- country. leadership has made a commitment to payers. Mr. Speaker, I received a letter from Mr. Speaker, the friends of the Amer- a couple in my district in 2000 when the put the Labor-HHS-Education spending ican taxpayer, have they told the debate was going on about repealing bill on the floor next. But it knows American middle class? Have they read the death tax. They write: ‘‘At age 79 that if it does at current funding levels the report from the Brookings Insti- and age 77, with serious health prob- that eliminate or cut crucial edu- tute which was made public? I ask the lems, my wife and I are very worried cation, labor and health programs, its other side of the aisle to read it. and concerned about how large our es- moderates will vote it down. You do Mr. NUSSLE. Mr. Speaker, I yield 4 tate tax will be. It is affecting our eat- not have the votes. minutes to the gentleman from Iowa ing and sleeping habits. Old people like It is hard to be sympathetic with the (Mr. LATHAM). us should not have to have these con- GOP’s plight because it precipitated Mr. LATHAM. Mr. Speaker, I thank cerns.’’ this budget debacle by passing its fis- the gentleman for yielding me this Mr. Speaker, I do not think anyone cally irresponsible budget. The chair- time and compliment the chairman of can say it better than these folks did, man of the Committee on the Budget the Committee on the Budget, the gen- that it does have real effect on real blames the Senate. The chairman of tleman from Iowa (Mr. NUSSLE), for people. It is wrong. We need to repeal the Committee on the Budget knows putting forth a budget and passing a the death tax immediately. I hope the full well, if he is honest with the Amer- budget in the House of Representa- other body would soon take up this im- ican public, that nothing that the Sen- tives. As we all know, the other body portant legislation that the House of ate has or has not done precludes this has not even brought a budget to the Representatives has acted on a broad House from acting. We have deemed his floor, so it is very difficult to get im- bipartisan basis to achieve. budget to be in place. The problem he portant legislation done or appropria- Mr. KLECZKA. Mr. Speaker, I yield has is, his side does not want to vote tions bills in that other body with the myself 20 seconds. for the budget that he put in place. It current situation. Mr. Speaker, I listened to the gentle- was a charade when we passed it—I did This resolution today is extraor- man’s tale of the couple sitting at not vote for it—and it is a charade dinarily important for real people who home and wringing their hands over months later on this very day.

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.070 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6399 So what do we do? We fiddle while Mr. Speaker, I urge everyone to sup- jobs would be created in this next year Rome burns. We fiddle on silly resolu- port this very important legislation in this country. Certainly at a time of tions like this that are patently polit- and help do the job that this House was economic downturn, that is the sort of ical and purely political and solely po- brought here to do. We have done ours. growth piece of tax legislation that we litical. The leader is on the floor. What Here is our opportunity. I thank the are looking for. We have talked about a shame. What a shame that we fail to gentleman from Iowa for bringing it the effect of the death tax on women- do the business of the American public forward and I encourage its support. owned businesses. In fact, the National and fiddle while our budget and fiscal Mr. Speaker, I rise today in strong Association of Women Business Owners posture in America burns. support of House Resolution 524 spon- a couple of years ago did a survey and Mr. NUSSLE. Mr. Speaker, I yield 2 sored by my good friend Mr. NUSSLE. they discovered that the cost of com- minutes to the very distinguished gen- I am convinced that death should not pliance to comply with the death tax is tleman from New Jersey (Mr. FRELING- be a taxable event in a free society. about $1,000 a month for the average HUYSEN). Why should the Federal Government small business owned by women. These Mr. FRELINGHUYSEN. I thank the confiscate half of the assets accumu- are dollars, Mr. Speaker, that these gentleman for yielding time and for his lated through a lifetime of hard work? women would like to put into benefits good work. The death tax disproportionately af- for their employees, into health care Mr. Speaker, I rise in strong support fects enterprises that are asset rich, coverage, a huge need in this Nation. of House Resolution 524 which urges but cash poor, such as family farms These dollars are wasted dollars. They the Senate to vote on House legislation and small businesses. go to pay for life insurance coverage so to repeal the death tax. According to Citizens for a Sound that at the end of a person’s life, that Mr. Speaker, Americans get over- Economy, only 13 percent of family payment to the tax man, to the IRS taxed virtually every day of their lives. businesses or farms will survive to a man that has to be made in cash within As an employee, one’s salary gets third generation of operation. We can 9 months, could be done and made easi- taxed. As an investor, one’s earnings no longer tolerate this tax on hard er on the family because of the life in- often get taxed twice. As a consumer, work and the entrepreneurial spirit. surance policy proceeds. We have one’s purchases get taxed. After get- This will not be the final step in re- talked about why members of the con- ting taxed at every stage of one’s life, forming our outdated system of tax- servation and environmental commu- why should one have to be taxed again ation, but we must begin the journey nity support the permanent repeal of during life’s final stage? It is not right. to assure tax policies that promote On June 6, in an effort to right this the death tax. They do not want to see fairness, efficiency, and economic pros- wrong, the House successfully passed subdivisions pop up in beautiful farm- perity for all our citizens. H.R. 2143 which would permanently re- land that had been a huge benefit to In an effort to alleviate the potential peal this unjust death tax. However, everybody in the neighborhood. We nightmare for future generations and the Senate has not acted on this per- have talked about the Black Chamber correct an injustice in the Tax Code, manent repeal of the death tax, and of Commerce, the Hispanic Chamber of we must permanently repeal the death many of the family business owners in Commerce, the Indian National Coun- tax. I urge my colleagues to support New Jersey wonder whether their fam- cil, all the groups that are on board this resolution. ily business will survive when their with us to permanently repeal the Mr. NUSSLE. Mr. Speaker, I yield 1 aged parents who started these busi- death tax. For the minority commu- minute to the very distinguished gen- nesses die. If the repeal of the estate nity, it takes three generations to de- tleman from Virginia (Mr. GOODE). tax is not made permanent, the tax velop a business that creates standing. Mr. GOODE. Mr. Speaker, I rise in will be reinstated in 2011 as it existed They do not want to have to give up support of this resolution calling for under current law. their businesses that they have put To avoid destroying many small busi- the permanent end of the death tax. I their hearts and souls into developing. nesses and savings accumulated after come from an area that has been hard It is a bad tax. years of hard work by this death tax, I hit with loss of manufacturing jobs. An We encourage our neighbors to con- strongly urge the support of this reso- area that offers promise is in small sider this bill and to pass permanent lution and I urge my colleagues to do businesses, small farms. The death tax repeal of the death tax so that those the same. is a job killer. Last week I was talking dollars can be where they will not be Mr. KLECZKA. Mr. Speaker, I re- to a gentleman from Henry County wasted to build the economy of this serve the balance of my time. that had a small business valued at Nation. Mr. NUSSLE. Mr. Speaker, I yield 1 about $4 to $5 million. He said, I would Mr. KLECZKA. Mr. Speaker, I yield minute to the gentleman from North like to expand, get more equipment, myself the balance of my time. Carolina (Mr. HAYES). buy more facilities, have more prop- Mr. Speaker, we have heard some Mr. HAYES. Mr. Speaker, I rise erty and hire more persons. He said, ‘‘I pretty outlandish things here this today in strong support of this resolu- don’t want to go down that road. The afternoon. First of all, we were told by tion, H. Res. 524. I am convinced that death tax will cost me too much, be- the gentlewoman from Washington who death should not be a taxable event. cause I’m hoping to live past December just spoke that next year we are going There is a widely read, widely re- 31, 2010.’’ to create 200,000 jobs if we repeal the spected book, the Bible, that says one We need to end this job-killing death death tax, the inheritance tax. The fact of the duties of a parent is to have an tax. We need jobs in America. One way of the matter is it is not going to be re- inheritance for their children and to do it is kill this tax. pealed under current law until 2011. So grandchildren. Under the present law, Mr. NUSSLE. Mr. Speaker, I yield 2 how can we create 200,000 jobs if it is if that duty is fulfilled, up to 81 percent minutes to the distinguished gentle- not going to be repealed for another 9 of that inheritance will be taken by the woman from Washington (Ms. DUNN), a years? It is all nonsense. In fact, the Federal Government. That is not fair. member of the Committee on Ways and gentleman from Massachusetts indi- To say that we are not moving for- Means and probably one of our most cated what we are talking about is a ward, as my good friend the gentleman important leaders with regard to the sense of Congress resolution to tell the from Maryland was thundering from repeal of the death tax. other body to do something that we al- the well of the House, is simply not the Ms. DUNN. Mr. Speaker, I thank the ready did. Understand that? It is a case. We are working to make sure chairman of the Committee on the sense of Congress. It does not change that our small businesses and family Budget for yielding me this time. We any law. It is like calling your neigh- farms do not lose those farms that have talked about death tax repeal for bor and saying, ‘‘Hey, rake your their children can carry on. This is a long time. For years, literally. We leaves.’’ That is what this is all about. very important legislation. The House have talked about the effect the repeal This House already did the bad thing has done its duty. It is very clear. The of the death tax would have in freeing by passing the repeal of the inheritance Constitution says both the House and small business to create more jobs. In tax. And why did we do that? To the the Senate must act in order for this fact, if this resolution is successful, benefit of 1.3 percent of the wealthiest good law to become law. small businesses estimate that 200,000 Americans in this country. As I look at

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.072 H19PT1 H6400 CONGRESSIONAL RECORD — HOUSE September 19, 2002 the gallery, Mr. Speaker, I would bet eye, and my retirees are looking now Why this bill, this ending of the no one in that gallery is going to pay to go back to work. And we have death tax? We have so strong a convic- an inheritance tax on their estate, for money around here for the wealthiest tion that it is wrong. We do not say it the current law today has a $2 million of the wealthy, the richest of the rich? is wrong for the small family farm, it exemption per couple. And for those What misdirected policy. Let us is wrong for the small businessmen and who have a lot more than $2 million worry about the deficit and take care women, and, by the way, it is okay to like Mr. Bill Gates, maybe their heirs of the working men and women in this impose it on Bill Gates. Bless his heart, should pay something, because in a lot country. Ted Turner will do well with- Bill Gates, who has probably given of situations, some of that wealth has out this, and his heirs will do better more money to charitable causes in never been taxed, anyway. It could be than him. this country in this past year alone built up in the stock market. It could ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE than would be represented by the en- be property value. What my Republican The SPEAKER pro tempore (Mr. tire lifetime cumulative earnings of all colleagues want to say is, for the SIMPSON). The Chair would remind the Members of this body alone. Bill wealthiest 1.3 percent in America, they Members that remarks should be ad- Gates, this charitably active person will pay no tax at all. This is big dressed to the Chair and not to occu- who we like to come to this floor and bucks. If we do this repeal of the inher- pants in of the gallery or others who vilify. itance tax in the years 2011 to 2021, may be watching in the audience. If we were to take that point of view, that is going to cost the Treasury $800 Mr. NUSSLE. Mr. Speaker, to close ladies and gentlemen, would we not say billion. That is some real money, my our side of the debate on this impor- burglary is wrong, and we ought to friends. tant resolution, I yield the balance of have laws that protect everybody in And where are we today in this Fed- my time to the gentleman from Texas America from burglary, except the Bill eral budget? We are going to end the (Mr. ARMEY). There is no one in our Gateses of the world; ignoring the fact fiscal year over $300 billion in the hole. caucus who during his career has held that indeed the burglar would most Yet we are giving out tax breaks for the banner of tax reform and tax reduc- likely prefer to burglarize Bill Gates’s the wealthy like popcorn. The Presi- tion any higher than our very distin- home as opposed to my home? If it is wrong, it is wrong for all of us, dent today is talking about an guished majority leader. Mr. ARMEY. Mr. Speaker, I thank irrespective of station in life. This is unprovoked attack on another country the gentleman for yielding me time. what a system of justice tells you. which will cost millions and millions of Mr. Speaker, I often reflect these There is right, there is wrong; there dollars. And my colleagues are talking days on what a wonderful privilege it is are things that are just; there are about a tax break for the millionaires in my life to be a Member of this body things that are unjust; and there is of the country. Is something wacko in and to be able to be here on the floor of equal protection under the law. here? Is something not reading right? this great Chamber and listen to the Now, let us talk for a moment about Yes. debates. I marvel also at the tech- the fellow who works hard and creates Just recall, 20 months ago as we nology that we have, Mr. Speaker, a successful business for himself, his started this congressional session, we probably the finest sound system in the wife, most often his partner in the ven- had surpluses, as my colleague from world. And when I reflect upon the ture; somebody that gets together and Iowa said before the Budget Com- quality of our sound system, I am al- says, let us pool our resources, take a mittee, as far as the eye can see. ways curious as to why we need to hol- risk; let us build this business; let us b 1430 ler so much. It just fascinates me. construct a better farm, a better living We have been thoroughly admon- We had surpluses as far as the eye for ourselves and our family. ished, those of us on our side of the They take their limited earnings on could see, and 20 months later we are aisle. We have been indicted. We have which they have paid taxes and from in a $300 billion deficit. Yet those folks had fingers pointed in our direction, which their after-tax earnings they are still pushing to give tax breaks to sternly and with resolve. We have had have acquired some savings, and they the wealthiest of individuals. the volume turned up as the feigning of convert that to an investment in their Now, to take care of the farmers and moral outrage had to take a new di- business. They pay taxes on everything small businesses we proposed a $6 mil- mension of loudness. And as I have they buy and on any dollar’s worth of lion exclusion from inheritance tax. watched this debate and have seen the earnings they have along the way, and That would take care of 99 percent of gymnastic theatrics and volume from have all their life. And then, after pay- the farmers, the ranchers and the small especially the other side, I find myself ing taxes on everything they have businesses in this country. But it did reflecting on the great speeches of owned, earned or done all their life, not take care of the wealthy ones, and American governance and am consoled, they finally have had some success in that is why they are pushing to take my friends, by those marvelous words, their life and they have something that care of the Ted Turners and the Bill The world will never note nor long re- we now know is an estate. Gateses and the other multi-multi- member what we say here today. Let us just examine the record of millionaires from WorldCom and Enron Why are we here again in this Con- human action. What do people do with who treated their employees so well. gress, Mr. Speaker, that has been per- their estates? Well, the most popular This resolution does nothing, but the haps the single most productive Con- thing that we want to do with our es- tax policy we already passed does dis- gress in our lifetime, where we did ev- tates is give them to our children. Do aster, because it means ‘‘you guys ain’t erything that one would expect to have we know anybody, anybody, who does going to get a drug benefit, your edu- done by any Congress at any time, and not work first for their children, their cational construction for New York is then met the urgencies of the Sep- grandchildren, for the future of their not going to be funded, because we are tember 11 attack on America and the family? Just look at the record of what in a deficit.’’ legislative requirements that we took; we voluntarily do with those things we So let us not shed big alligator tears such a Congress, so productive, that have accumulated in our life. We vol- today for the wealthiest of the even The Washington Post describes untarily give them to our children. wealthy. They can afford their drugs. this as ‘‘the do-something Congress’’? Now, if we are not voluntarily giving They send their kids to the best No, there is not a question here about things to our children, what do we vol- schools available. It is the people like whether or not we are getting our work untarily do with the things that we I represent from Milwaukee, Wis- done. We are getting our work done to have earned and worked for and built consin, who are not worrying about an a degree that is beyond the experience all our life? We give it to charity. We inheritance tax, a death tax today. of any Member in this House. Our prob- give it to charity. They are worrying about paying their lem is over 50 percent of the critical How many instances have we had mortgage. They are watching their pieces of legislation passed by this where our family has worked hard all 401(k)s, their retirement benefits, dis- House have not yet found themselves their life, built a success, have an es- sipate as the market keeps going down, through the complete legislative proc- tate, and then decided I will volun- and this administration is doing noth- ess; and so we, out of our frustration, tarily give it to Washington? I would ing about it. They have turned a blind call attention to it. say rare cases indeed.

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.074 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6401 Washington cannot help themselves. farming. But they have a day in which I urge my colleagues to reject this absurd Washington has got to grab the bucks, they get lucky: they die. They die, and resolution and vote no on H. Res. 524. dip their hands in the estate, rob the on that day they are instantaneous Mr. UDALL of Colorado. Mr. Speaker, I sup- grave. multi-millionaires; people to be port reform of the estate tax, but I do not sup- They say, Well, if you take away the vilified; people to whom we will point port its repeal, and so I do not support this estate tax, people will not give to char- our fingers and angrily proclaim are resolution. ity. Why do people give to charity? Be- the undeserving richest people in For me, this is not a partisan issue. Instead, cause they have it in their heart. Why America. it is an issue of reasonableness, fairness and do they hire tax accountants and law- Bless their little old hearts, they had fiscal responsibility. While I did not vote for yers when they decide how they will to die to get rich. They had to die to be last year’s bill that included changes in the es- give to charity? To maximize their mistreated. They had to die to have tate tax, there were parts of that bill that I after-tax contribution to the charity, people in this government say it is not think should be made permanent. That is why because they prefer to. And they pay, only just, but it is necessary in the I voted to make permanent the elimination of indeed, expensive consulting fees to cause of justice to take half or more of the ‘‘marriage penalty’’ and the provisions of lawyers and accountants so they can their property away from their chil- last year’s bill related to the adoption credit indeed get a larger share of what they dren or away from the charity of their and the exclusion from tax of resolution to accumulated to the charity and a less- choice. That is insult. Holocaust survivors. er share to the government. That is im- Why are we here again today? Be- And, as I said, I support reform of the estate posing upon them the requirement that cause we are committed to stopping tax. I definitely think we should act to make it they give. the injury, stopping the insult. How easier for people to pass their estates—includ- People are funny. People like to do about us trying to be appreciative of ing lands and businesses—on to future gen- what they choose to do, not what they the dreams of the American people, erations. This is important for the whole coun- are made to do by onerous tax laws or recognize the manner in which they try, of course, but it is particularly important for any other purpose. struggle, have an understanding of Coloradans who want to help keep ranch Let me just say, Mr. Speaker, that their goodness, and some respect for lands in open, undeveloped condition by re- after all the times you have taxed me what they have acquired, accumulated ducing the pressure to sell them to pay estate all my life on everything I have said, over a lifetime of hard work, and say to taxes. done and earned, to then tax me at the that poor fellow on his death bed, Since I have been in Congress, I have been time of my death, to defraud my chil- George, you have worked hard. What working toward that goal. I am convinced that dren or deny my children that which you have got is the fruits of your labor. it is something that can be achieved, but it they justly deserve because they had You have a right to do with it as you should be done in a reasonable, fiscally re- the good sense to be my children, and will. sponsible way and in a way that deserves This is America, and we think at broad bipartisan support. That means it should I love them so dearly, is an injury. It is least on your death bed freedom should be done in a better way than was provided in an injury to the fondest hope I ever had be your last experience with this gov- last year’s bill. For example, I have supported in my life that my children would do ernment. legislation to raise the estate tax’s special ex- well and have something better than I Mr. STARK. Mr. Speaker, I rise today in op- clusion to $3 million for each and every per- had when I started, a not position to this ridiculous resolution. This is son’s estate—meaning to $6 million for a cou- uncharacteristic American dream. nothing more than the Republicans pandering ple—and to do that immediately. Who in this room, who in this Nation, to their wealthy contributors six weeks before Under that alternative, a married couple—in- does not dream that our children will the election. How timely! cluding but not limited to the owners of a have more to begin with and do better This resolution is a complete waste of time. ranch or small business—with an estate worth than we did? Do we not devote our life The House has already passed a bill to pro- up to $6 million could pass it on intact with no to that work? So the government does vide permanent repeal of the estate tax earlier estate tax whatsoever. And since under the al- harm to the fondest dream of our this year, despite my opposition. Now, my ternative that permanent change would take hearts when they compel us to deny constituents back home will ask. ‘‘Why did you effect on January 1st of next year it clearly our children the fruits of our labor. need yet another resolution for something that would be much more helpful to everyone who That is injury. the House has already addressed?’’ The only might be affected by the estate tax. It is not enough that we should in- truthful answer is that the Republicans can’t At the same time, the alternative was much jure the poor American citizen. We, agree among themselves on how to proceed fiscally responsible. It would not run the same being the government, must compound with spending bills this year so they are pad- risks of weakening our ability to do what is the felony by adding insult to injury. ding the floor schedule with meaningless drivel needed to maintain and strengthen Social Se- Let me give you an example. like this to make it appear that Congress is curity and Medicare, provide a prescription We have a family farm. They have as- doing its job. The American people ought to drug benefit for seniors, invest in our schools sets that are valued at $4 million. Mom be outraged! and communities, and pay down the public and dad work on that farm each and Rather than addressing the critical appro- debt. every day of their lives. They raise priations bills to keep the government running, The tax cut bill signed into law last year in- their children, they pay the bills, and the GOP would rather debate this non-binding, cluded complete repeal of the estate tax for they try to get their youngsters off to meaningless resolution. If the GOP doesn’t only one year, 2010, but contains language college. The typical farmer with $4 mil- want to work on appropriations bills, we have that sunsets all of the tax cuts, including lion in farm assets makes a modest 40 million disabled and elderly who depend on changes in the estate tax after 2001. Making $35,000 a year, on which they pay ap- Medicare and have been clamoring for a that permanent would reduce federal revenues proximately $4,200 in taxes and strug- Medicare prescription drug benefit. We could by $109 billion between 2002 and 2012 ($99 gle to get by and do the things we all address that issue. Or what about the sol- billion in lost revenue and $10 billion in inter- dream to do for our children. $35,000 a vency of Social Security? there are critical do- est charges) and more than $1.2 trillion in the year. mestic issues facing this Congress—and fac- decade between 2013 and 2022—when the Now, you would look at that farmer ing millions of Americans—that ought to be baby boomers will be retiring. out there struggling. You see his wife addressed today. But, as we all know, the budget outlook has going again to Easter services in the Repeal of the estate tax will only help the changed dramatically since last year. In the same dress she had last year, sacri- wealthiest one percent of those who receive last year, $4 trillion of surpluses projected over ficing, as they both do, so the kids can inheritance, or around 23,000 estates per the next ten years have disappeared because have better school clothes than they year. Congress is seeing declining federal in- of the combination of the recession, the costs would otherwise have, and you say, come receipts; is being asked to fund a pend- of fighting terrorism and paying for homeland These are not rich people. We ought to ing war in Iraq; improve security here at home; defense, and the enactment of last year’s tax help them. You would develop enor- and must still address the needs of working legislation. Full repeal of the estate tax would mous farm programs to help these poor families. We have much bigger issues than a only make the budgetary outlook even more folks on the farm. tax that will affect 23,000 wealthy estates. difficult, making it that much harder to meet Bless their luck, their hard luck. We Let’s take our oath of office a bit more seri- our national commitments all in order to pro- use the expression hard scrabble dirt ously and get back to the issues that matter. vide a tax break for less than 0.4 percent of

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\K19SE7.078 H19PT1 H6402 CONGRESSIONAL RECORD — HOUSE September 19, 2002 all estates. I do not think this is responsible, value to the government, the death tax under- 42 would adjust this $10 million exclusion for and I cannot support it. mines the idea that hard work and fiscal re- inflation thereafter. The legislation would de- And, as if that were not bad enough, just sponsibility will be rewarded. crease the highest Federal estate tax rate making permanent the estate-tax provisions of Thankfully, this Congress provided a phase- from 55 percent to 39.6 percent effective upon last year’s bill would do nothing to correct one out of the estate tax beginning in 2002 by enactment, as 39.6 percent is currently the of the worst aspects of those provisions—the eliminating the 5% surtax and the rates in ex- highest Federal income tax rate. Under the hidden tax increase on estates whose value cess of 50 percent and increases the exemp- bill, the value of an estate over $10 million has increased by more than $1.3 million, be- tion to $1 million. Today, we need to take would be taxed at the 39.6 percent rate. ginning in 2010, due to the capital gains tax. steps to ensure this phase-out is permanent Under current law, the 55 percent estate tax Currently, once an asset, such as a farm or and does not sunset in 2011. If H.R. 2143 is bracket begins for estates over $3 million. Fi- business, has gone through an estate, wheth- not signed into law, the death tax will re-ap- nally, H.R. 42 would continue to apply the er any estate tax is paid or not, the value to pear, almost overnight on New Year’s Eve, stepped-up capital gains basis to the estate, the heirs is ‘stepped up’ for future capital 2011. which is provided in current law. In fact, this gains tax calculations. However, last year’s bill Mr. Speaker, this Congress has done an ad- Member has said on many occasions that he now enacted into law provides for replacing mirable job of guaranteeing tax relief for every would be willing to raise the estate tax exclu- this with a ‘carryover basis’ system in which working American. Let’s pass this bill now and sion level to $15 million. the original value is the basis when heirs dis- finish the job we started when we took back Since this Member believes that H.R. 42 or pose of inherited assets. That means they will the people’s House in 1995. similar legislation is the only responsible way have to comply with new record keeping re- Mr. BEREUTER. Mr. Speaker, as stated on to provide true estate tax reduction for our na- quirements, and most small businesses will the record many times, this Member continues tion’s small business, farm and ranch families, end up paying more taxes. That cries out for his strong opposition to the total elimination of this Member will once again state his reasons, reform, but this resolution does not address the estate tax on the super-rich. The reasons as follows, for his opposition to the total elimi- that. for this Member’s opposition to this terrible nation of the Federal estate tax. Mr. Speaker, the fact that we are debating idea have been publicly explained on numer- First, to totally eliminate the estate tax on this resolution shows that the Republican lead- ous occasions, including past statements in billionaires and mega-millionaires would be ership is continuing to reject any attempt to the CONGRESSIONAL RECORD, and today this very much contrary to the national interest. shape an estate-tax reform bill that could be Member gain will reiterate the reasons for his Second, the elimination of the estate tax supported by all Members. Since I was first opposition to the permanent repeal of the Fed- also would have a very negative impact upon elected, I have sought to work with our col- eral estate tax. the continuance of very large charitable con- leagues on both sides of the aisle on this This Member has every expectation that tributions for colleges and universities and issue to achieve realistic and responsible re- legislation to permanently repeal the Federal other worthy institutions in our country. form of the estate tax. But this resolution does estate tax is going nowhere in the other body. Finally, and fortunately, this Member be- nothing of the kind, and I cannot support it. Furthermore, on March 18, 2002, this Member lieves that actually it will never be eliminated Mr. JONES of North Carolina. Mr. Speaker, noted, in his House Floor statement on H.R. in the year 2010. there is a saying that only in America can an 536, that he will most assuredly vote ‘‘no’’ on At this point it should be noted that under individual be given a certificate at birth, a li- the total repeal of the inheritance tax, and this the previously enacted estate tax legislation cense at marriage, and a bill at death. Ameri- Member would further note that he in fact did (e.g., the Economic Growth and Tax Relief cans should not have to visit the undertaker vote ‘‘no’’ on the total repeal of the inheritance Reconciliation Act), beginning in 2011, the and the IRS on the same day. tax. ‘‘stepped-up basis’’ is eliminated (with two ex- Unfortunately, small businesses and family This Member again would say that while he ceptions) such that the value of inherited as- farms, like those in Eastern North Carolina, is a long-term advocate of inheritance tax re- sets would be ‘‘carried-over’’ from the de- are particularly vulnerable to the death tax. At duction, especially in regard to protecting fam- ceased. Therefore, as noted previously by this the time of their death, Americans are taxed ily farms and ranches, and small businesses, Member, the Economic Growth and Tax Relief on the value of their property, often at rates as this Member strongly opposes the permanent Reconciliation Act could result in unfortunate high as 55 percent. repeal of the Federal estate tax provisions. tax consequences for some heirs as the heirs Mr. Speaker, this places a tremendous bur- This Member believes that inheritance taxes would have to pay capital gains taxes on any den on families who are already grieving the unfortunately do adversely and inappropriately increase in the value of the property from the loss of a loved one. While small businesses affect Nebraskan small businesses, farmers, time the asset was acquired by the deceased and family farms are typically rich in assets, and ranchers when they attempt to pass this until it was sold by the heirs—resulting in a they often do not have the liquid resources to estate from one generation to the next. This higher capital gain and larger tax liability for settle this size of bill with the federal govern- Member also believes that the estate tax elimi- the heirs than under the current ‘‘stepped-up’’ ment. nation provisions are at worst a faulty product basis law. Unfortunately, H.R. 2143 made the Too often, they are forced to sell some or all and at best only a shadow of what could be stepped-up basis elimination permanent result- of their land or business, which often serves beneficially done to reduce the inheritance tax ing in a continuation of the problems just as their family’s livelihood. Over the years, the burden on most Americans who now and in noted by this Member—higher capital gains death tax has devastated family-owned busi- the future are actually subject to such estate and larger tax liability for heirs. nesses throughout our nation’s towns and cit- taxes. In closing, Mr. Speaker, while this Member ies. Today, less than half of family businesses It must also be noted that this Member is is strongly supportive of legislation to substan- are able to survive the death of a founder. strongly in favor of substantially raising the es- tially rise the estate tax exemption level and to What could be more un-American? Under tate tax exemption level and reducing the rate reduce the rate of taxation on all levels of tax- current law, 70 percent of family businesses of taxation on all levels of taxable estates, and able estates, and as such introduced legisla- do not survive the second generation and 87 that he has introduced legislation, H.R. 42, to tion to this effect (H.R. 42), this Member can- percent do not make it to the third generation. this effect. This Member believes that the only not in good conscience support the total elimi- The death tax discourages savings and invest- way to ensure that his Nebraska and all Amer- nation of the inheritance tax on the super-rich. ment, and punishes those Americans who ican small business, farm and ranch families Therefore, this Member will be voting against work hard throughout their lives to pass on and individuals benefit from estate tax reform H. Res. 524. something to their children. is to dramatically and immediately increase Mr. OTTER. Mr. Speaker, I rise today to Mr. Speaker, the estate tax does not serve the Federal inheritance tax exemption level, support H. Res. 524. This resolution, express- as a significant source of revenue for the fed- such as provided in H.R. 42. ing the view of the House on permanently re- eral government. The Treasury Department re- This Member’s bill (H.R. 42) would provide pealing the death tax, also reflects the view of ported that in 1998, the estate and gift tax immediate, essential Federal estate tax relief the American people concerning the death tax. raised only $24.6 billion, which amounts to by immediately increasing the Federal estate Across this country shopkeepers, farmers, only 1.3 percent of total federal revenues. tax exclusion to $10 million effective upon en- small manufacturers, and everyday individuals In addition, economic studies conducted by actment. (With some estate planning, a mar- who managed to save for their families former Secretary of the Treasury Lawrence ried couple could double the value of this ex- through hard work and sacrifice are urging the Summers show that for every dollar in transfer clusion to $20 million. As a comparison, under passage of the Permanent Death Tax Repeal taxes taken at death, $33 in capital formation the current law for year 2001, the estate tax Act of 2002. Passage of that act will provide is lost from the economy. Despite its little exclusion is only $675,000.) In addition, H.R. added incentives for savings and productive

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\CR\FM\A19SE7.023 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6403 investment, and end the harmful dissolution of Ballenger Harman Platts Clayton Kennedy (RI) Pascrell Barcia Hart Pombo Clyburn Kildee Pastor family farms and businesses. Idaho towns and Barr Hastings (WA) Pomeroy Conyers Kilpatrick Paul farms in particular are hard hit by the death Bartlett Hayes Portman Coyne Kucinich Payne tax and urgently seek its permanent repeal. I Barton Hayworth Price (NC) Crowley LaFalce Pelosi urge members of this House to join a bi-par- Bass Hefley Pryce (OH) Davis (IL) Langevin Rahall Bereuter Herger Putnam DeGette Lantos Rangel tisan majority supporting H. Res. 524, sup- Biggert Hill Quinn Delahunt Lee Reyes porting H.R. 2143, and supporting the Amer- Bilirakis Hinojosa Radanovich DeLauro Lewis (GA) Rivers ican dream. Bishop Hobson Ramstad Deutsch Lofgren Rodriguez Blunt Hoeffel Regula Dicks Lynch Rothman b 1445 Boehlert Hoekstra Rehberg Dingell Maloney (NY) Roybal-Allard Boehner Holden Reynolds Doggett Markey Rush The SPEAKER pro tempore (Mr. Bonilla Holt Riley Doyle Matsui Sabo Engel McCollum SIMPSON). All time for debate has ex- Bono Hooley Roemer Sanders Evans McDermott Boozman Horn Rogers (KY) Schakowsky pired. Boswell Farr McGovern Hostettler Rogers (MI) Scott Pursuant to House Resolution 527, Boyd Houghton Fattah McIntyre Rohrabacher Serrano Brady (TX) Hoyer Filner McKinney the resolution is considered read for Ross Slaughter Burr Hulshof Ford McNulty amendment and the previous question Royce Solis Burton Hunter Frank Meehan Ryan (WI) Stark is ordered on the resolution. Calvert Hyde Gonzalez Meek (FL) Ryun (KS) Thompson (CA) The question is on the resolution. Camp Isakson Green (TX) Meeks (NY) Sanchez The question was taken; and the Cannon Israel Gutierrez Menendez Thompson (MS) Cantor Issa Sandlin Hastings (FL) Millender- Tierney Speaker pro tempore announced that Capito Istook Saxton Hilliard McDonald Towns the ayes appeared to have it. Capps John Schaffer Hinchey Mollohan Udall (CO) Mr. NUSSLE. Mr. Speaker, on that I Cardin Johnson (CT) Schiff Honda Moran (VA) Udall (NM) Sensenbrenner demand the yeas and nays. Carson (OK) Johnson (IL) Inslee Morella Velazquez Castle Johnson, Sam Sessions Jackson (IL) Murtha Visclosky The yeas and nays were ordered. Chabot Jones (NC) Shadegg Jackson-Lee Nadler Waters The SPEAKER pro tempore. Pursu- Chambliss Keller Shaw (TX) Napolitano Watson (CA) ant to clause 8 of rule XX, further pro- Clement Kelly Shays Johnson, E. B. Oberstar Watt (NC) Coble Kennedy (MN) Sherman Jones (OH) Olver Waxman ceedings on this resolution will be Collins Kerns Sherwood Kanjorski Owens Wexler postponed. Combest Kind (WI) Shimkus Kaptur Pallone Woolsey Condit King (NY) Shows f Costello Kingston Shuster NOT VOTING—29 Cox Kirk Simmons Barrett Everett Neal MESSAGES FROM THE PRESIDENT Cramer Kleczka Simpson Blagojevich Fossella Obey Crane Knollenberg Skeen Messages in writing from the Presi- Brown (SC) Gephardt Ortiz Crenshaw Kolbe Skelton dent of the United States were commu- Bryant Gillmor Ros-Lehtinen Cubin LaHood Smith (MI) Buyer Hilleary Roukema nicated to the House by Ms. Evans, one Culberson Lampson Smith (NJ) Callahan Jefferson Sawyer of his secretaries. Cummings Larsen (WA) Smith (TX) Carson (IN) Jenkins Schrock Cunningham Latham Smith (WA) f Cooksey Larson (CT) Stump Davis (CA) LaTourette Snyder Deal Miller, George Taylor (NC) Davis (FL) Leach Souder Diaz-Balart Mink ANNOUNCEMENT BY THE SPEAKER Davis, Jo Ann Levin Spratt PRO TEMPORE Davis, Tom Lewis (CA) Stearns DeFazio Lewis (KY) Stenholm b 1508 The SPEAKER pro tempore. Pursu- DeLay Linder Strickland ant to clause 8 of rule XX, the Chair DeMint Lipinski Stupak Messrs. LANGEVIN, HILLIARD, RA- Dooley LoBiondo will now put each question on which Sullivan Doolittle Lowey HALL, DICKS, and REYES changed Sununu further proceedings were postponed Dreier Lucas (KY) their vote from ‘‘yea’’ to ‘‘nay.’’ Sweeney earlier today in the following order: Duncan Lucas (OK) Tancredo Messrs. BALDACCI, ALLEN, and Dunn Luther House Resolution 525, by the yeas and Tanner Edwards Maloney (CT) STRICKLAND changed their vote from Tauscher nays; House Resolution 524, by the yeas Ehlers Manzullo ‘‘nay’’ to ‘‘yea.’’ and nays; House Concurrent Resolution Ehrlich Mascara Tauzin Emerson Matheson Taylor (MS) So the resolution was agreed to. 337, by the yeas and nays; and the mo- Terry tion to instruct conferees on H.R. 3295, English McCarthy (MO) The result of the vote was announced Eshoo McCarthy (NY) Thomas by the yeas and nays. Etheridge McCrery Thornberry as above recorded. The Chair will reduce to 5 minutes Ferguson McHugh Thune A motion to reconsider was laid on Thurman the time for any electronic vote after Flake McInnis the table. Fletcher McKeon Tiahrt the first such vote in this series. Foley Mica Tiberi Mr. LARSON of Connecticut. Mr. Speaker, I Toomey f Forbes Miller, Dan missed rollcall vote No. 400 today. Had I been Frelinghuysen Miller, Gary Turner Frost Miller, Jeff Upton present and voting, I would have voted ‘‘nay.’’ SENSE OF HOUSE THAT CONGRESS Vitter SHOULD COMPLETE ACTION ON Gallegly Moore Ganske Moran (KS) Walden f LEGISLATION EXTENDING AND Gekas Myrick Walsh STRENGTHENING SUCCESSFUL Gibbons Nethercutt Wamp Watkins (OK) 1996 WELFARE REFORMS Gilchrest Ney SENSE OF HOUSE THAT CONGRESS Gilman Northup Watts (OK) SHOULD COMPLETE ACTION ON Goode Norwood Weiner The SPEAKER pro tempore. The PERMANENT DEATH TAX RE- pending business is the question of Goodlatte Nussle Weldon (FL) Gordon Osborne Weldon (PA) PEAL ACT OF 2002 agreeing to the resolution, House Reso- Goss Ose Weller lution 525, on which the yeas and nays Graham Otter Whitfield The SPEAKER pro tempore (Mr. are ordered. Granger Oxley Wicker SIMPSON). The pending business is the Graves Pence Wilson (NM) The Clerk read the title of the resolu- Green (WI) Peterson (MN) Wilson (SC) question of agreeing to the resolution, tion. Greenwood Peterson (PA) Wolf House Resolution 524, on which the The SPEAKER pro tempore. The Grucci Petri Wu yeas and nays are ordered. question is on the resolution. Gutknecht Phelps Wynn Hall (TX) Pickering Young (AK) The Clerk read the title of the resolu- The vote was taken by electronic de- Hansen Pitts Young (FL) tion. vice, and there were—yeas 280, nays The SPEAKER pro tempore. The NAYS—123 123, not voting 29, as follows: question is on the resolution. [Roll No. 400] Ackerman Berkley Boucher Baca Berman Brady (PA) This will be a 5-minute vote. YEAS—280 Baird Berry Brown (FL) The vote was taken by electronic de- Abercrombie Allen Bachus Baldwin Blumenauer Brown (OH) Aderholt Andrews Baker Becerra Bonior Capuano vice, and there were—yeas 242, nays Akin Armey Baldacci Bentsen Borski Clay 158, not voting 32, as follows:

VerDate Sep 04 2002 01:25 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A19SE7.026 H19PT1 H6404 CONGRESSIONAL RECORD — HOUSE September 19, 2002 [Roll No. 401] Etheridge Lipinski Roemer LATOURETTE) that the House suspend Evans Lofgren Rothman the rules and agree to the concurrent YEAS—242 Farr Lowey Roybal-Allard Abercrombie Goss Pastor Fattah Luther Rush resolution, H.R. 337, on which the yeas Aderholt Graham Paul Filner Lynch Sabo and nays are ordered. Akin Granger Pence Ford Maloney (NY) Sanchez This will be a 5-minute vote. Frank Markey Armey Graves Peterson (MN) Schakowsky The vote was taken by electronic de- Bachus Green (WI) Peterson (PA) Frost Matsui Schiff Gonzalez McCarthy (MO) Baker Greenwood Petri Scott vice, and there were—yeas 394, nays 0, Green (TX) McCollum Ballenger Grucci Phelps Serrano not voting 38, as follows: Gutierrez McDermott Barcia Gutknecht Pickering Sherman [Roll No. 402] Barr Hall (TX) Pitts Hastings (FL) McGovern Hill McKinney Slaughter Bartlett Hansen Platts Smith (WA) YEAS—394 Barton Harman Hilliard McNulty Pombo Snyder Abercrombie DeLay Jackson-Lee Bass Hart Hinchey Meehan Portman Solis Ackerman DeMint (TX) Berkley Hastings (WA) Hoeffel Meek (FL) Pryce (OH) Aderholt Deutsch Jefferson Berry Hayes Holden Meeks (NY) Spratt Putnam Akin Diaz-Balart John Biggert Hayworth Honda Menendez Stark Quinn Allen Dicks Johnson (CT) Bilirakis Hefley Hoyer Millender- Stenholm Radanovich Andrews Dingell Johnson (IL) Bishop Herger Inslee McDonald Strickland Ramstad Armey Doggett Johnson, E. B. Blunt Hinojosa Jackson (IL) Mollohan Stupak Regula Baca Dooley Johnson, Sam Boehlert Hobson Jackson-Lee Moore Tauscher Rehberg Bachus Doolittle Jones (NC) Boehner Hoekstra (TX) Moran (VA) Taylor (MS) Reynolds Baird Dreier Jones (OH) Bonilla Jefferson Morella Thompson (MS) Holt Riley Baker Kanjorski Boozman Johnson, E. B. Murtha Duncan Hooley Rogers (KY) Thurman Baldacci Kaptur Boswell Jones (OH) Nadler Edwards Horn Rogers (MI) Tierney Baldwin Keller Boucher Kanjorski Napolitano Ehlers Hostettler Rohrabacher Towns Ballenger Kelly Brady (TX) Kaptur Oberstar Ehrlich Houghton Ross Udall (CO) Barcia Kennedy (MN) Burr Kennedy (RI) Olver Emerson Hulshof Royce Udall (NM) Barr Kennedy (RI) Burton Kildee Owens Engel Hunter Ryan (WI) Velazquez Bartlett Kerns Calvert Kilpatrick Pallone English Hyde Ryun (KS) Visclosky Barton Kildee Camp Kind (WI) Pascrell Eshoo Isakson Sandlin Waters Bass Kilpatrick Cannon Kleczka Payne Etheridge Israel Saxton Watson (CA) Becerra Kind (WI) Cantor Istook Kucinich Pelosi Evans Schaffer Watt (NC) Bentsen King (NY) Capito John LaFalce Pomeroy Farr Sensenbrenner Waxman Bereuter Kingston Capps Johnson (CT) Langevin Price (NC) Fattah Shadegg Weiner Berkley Kirk Carson (OK) Johnson (IL) Lantos Rahall Ferguson Shaw Berman Kleczka Castle Johnson, Sam Leach Rangel Wexler Filner Shays Berry Knollenberg Chabot Jones (NC) Lee Reyes Woolsey Flake Sherwood Biggert Kolbe Chambliss Keller Levin Rivers Wu Fletcher Shimkus Bilirakis Kucinich Clay Kelly Lewis (GA) Rodriguez Wynn Foley Shows Bishop LaFalce Clement Kennedy (MN) Forbes Shuster NOT VOTING—32 Blumenauer LaHood Coble Kerns Ford Simmons Blunt Lampson Collins Barrett Everett Obey Frank King (NY) Boehlert Langevin Combest Simpson Blagojevich Fossella Ortiz Frelinghuysen Kingston Boehner Lantos Condit Skeen Bono Gephardt Ros-Lehtinen Frost Kirk Bonilla Larsen (WA) Costello Skelton Brown (SC) Gillmor Gallegly Knollenberg Roukema Bonior Latham Cox Smith (MI) Bryant Hilleary Gekas Kolbe Sanders Bono LaTourette Cramer Smith (NJ) Buyer Issa Gibbons LaHood Sawyer Boozman Leach Crane Smith (TX) Callahan Jenkins Gilchrest Lampson Schrock Borski Lee Crenshaw Souder Carson (IN) Larson (CT) Gilman Larsen (WA) Sessions Boswell Levin Cubin Stearns Cooksey Miller, George Gonzalez Latham Stump Boucher Lewis (CA) Culberson Sullivan Deal Mink Goode LaTourette Taylor (NC) Boyd Lewis (GA) Cunningham Sununu Doyle Neal Goodlatte Lewis (CA) Brady (PA) Lewis (KY) Davis, Jo Ann Sweeney Gordon Lewis (KY) Brady (TX) Linder Davis, Tom Tancredo b 1516 Linder Brown (FL) Goss Lipinski DeLay Tanner LoBiondo So the resolution was agreed to. Brown (OH) Graham LoBiondo DeMint Tauzin Lucas (KY) Burr Granger Lofgren Diaz-Balart Terry The result of the vote was announced Lucas (OK) Burton Graves Lowey Dooley Thomas as above recorded. Maloney (CT) Calvert Green (TX) Lucas (KY) Doolittle Thompson (CA) Manzullo A motion to reconsider was laid on Camp Green (WI) Lucas (OK) Dreier Thornberry Mascara the table. Cannon Greenwood Luther Duncan Thune Matheson Cantor Grucci Maloney (CT) Dunn Tiahrt Stated for: McCarthy (NY) Capito Gutierrez Maloney (NY) Edwards Tiberi McCrery Mr. ISSA. Mr. Speaker, on rollcall No. 401, Capps Gutknecht Manzullo Ehlers Toomey McHugh I was recorded as not voting. It was my intent Capuano Hall (TX) Markey Ehrlich Turner McInnis Cardin Hansen Mascara Emerson Upton to vote ‘‘yea’’. Had I been present, I would McIntyre Carson (OK) Harman Matheson English Vitter have voted ‘‘yea.’’ McKeon Castle Hart Matsui Ferguson Walden Mica Mrs. BONO. Mr. Speaker, on rollcall No. Chabot Hastings (FL) McCarthy (MO) Flake Walsh Miller, Dan 401 I was unavoidably detained. Had I been Clay Hastings (WA) McCarthy (NY) Fletcher Wamp Miller, Gary Clayton Hayes McCollum Foley Watkins (OK) present, I would have voted ‘‘yea.’’ Miller, Jeff Clement Hayworth McCrery Forbes Watts (OK) Stated against: Moran (KS) Clyburn Hefley McDermott Frelinghuysen Myrick Weldon (FL) Mr. LARSON of Connecticut. Mr. Speaker, I Coble Herger McGovern Gallegly Nethercutt Weldon (PA) Collins Hill McHugh Ganske missed rollcall vote No. 401 today. Had I been Ney Weller Combest Hilliard McInnis Gekas present and voting, I would have voted ‘‘nay.’’ Northup Whitfield Condit Hinchey McIntyre Gibbons Norwood Wicker f Conyers Hinojosa McKeon Gilchrest Nussle Wilson (NM) Costello Hobson McNulty Gilman Osborne Wilson (SC) RECOGNIZING THE TEAMS AND Cox Hoeffel Meehan Goode Ose Wolf PLAYERS OF THE NEGRO BASE- Coyne Hoekstra Meek (FL) Goodlatte Otter Young (AK) Cramer Holden Meeks (NY) Gordon Oxley Young (FL) BALL LEAGUES FOR THEIR CON- TRIBUTIONS TO BASEBALL AND Crane Holt Menendez Crenshaw Honda Mica NAYS—158 THE NATION Crowley Hooley Millender- Ackerman Borski Davis (CA) The SPEAKER pro tempore (Mr. Cubin Horn McDonald Allen Boyd Davis (FL) Culberson Hostettler Miller, Dan Andrews Brady (PA) Davis (IL) SIMPSON). The unfinished business is Cummings Houghton Miller, Gary Baca Brown (FL) DeFazio the question of suspending the rules Cunningham Hoyer Miller, Jeff Baird Brown (OH) DeGette and agreeing to the concurrent resolu- Davis (CA) Hulshof Mollohan Baldacci Capuano Delahunt Davis (FL) Hunter Moore Baldwin Cardin DeLauro tion, H. Con. Res. 337. Davis (IL) Hyde Moran (KS) Becerra Clayton Deutsch The Clerk read the title of the con- Davis, Jo Ann Inslee Moran (VA) Bentsen Clyburn Dicks current resolution. Davis, Tom Isakson Morella Bereuter Conyers Dingell The SPEAKER pro tempore. The DeFazio Israel Murtha Berman Coyne Doggett DeGette Issa Myrick Blumenauer Crowley Engel question is on the motion offered by Delahunt Istook Nadler Bonior Cummings Eshoo the gentleman from Ohio (Mr. DeLauro Jackson (IL) Napolitano

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A19SE7.019 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6405 Nethercutt Ross Tauscher MOTION TO INSTRUCT CONFEREES McDermott Putnam Spratt Ney Rothman Tauzin ON H.R. 3295, HELP AMERICA McGovern Quinn Stark Northup Roybal-Allard Taylor (MS) McHugh Radanovich Stearns Norwood Royce Terry VOTE ACT OF 2001 McInnis Rahall Stenholm Nussle Rush Thompson (CA) The SPEAKER pro tempore. The un- McIntyre Ramstad Strickland Oberstar Ryan (WI) Thompson (MS) McKeon Rangel Stupak Olver Ryun (KS) Thornberry finished business is the question on the McKinney Regula Sullivan Osborne Sabo Thune motion to instruct conferees on H.R. McNulty Rehberg Sununu Ose Sanchez Meehan Reyes Thurman 3295. Sweeney Otter Sanders Meek (FL) Reynolds Tiahrt Tanner Owens Sandlin The Clerk will redesignate the mo- Meeks (NY) Riley Tiberi Tauscher Oxley Saxton Menendez Rivers tion. Tauzin Pallone Schaffer Tierney Mica Rodriguez The Clerk redesignated the motion. Taylor (MS) Pascrell Schakowsky Toomey Millender- Roemer Terry Pastor Schiff Towns The SPEAKER pro tempore. The McDonald Rogers (KY) Paul Scott Turner question is on the motion offered by Miller, Dan Rogers (MI) Thompson (CA) Thompson (MS) Payne Sensenbrenner Udall (CO) the gentlewoman from California (Ms. Miller, Gary Rohrabacher Pelosi Serrano Udall (NM) Mollohan Ross Thurman Pence Sessions Upton WATERS) on which the yeas and nays Moore Rothman Tiahrt Peterson (MN) Shaw Velazquez are ordered. Moran (KS) Roybal-Allard Tiberi Petri Shays Visclosky This will be a 5-minute vote. Moran (VA) Royce Tierney Phelps Sherman Vitter Morella Rush Towns Pickering Sherwood Walden The vote was taken by electronic de- Murtha Ryan (WI) Turner Pitts Shimkus Walsh vice, and there were—yeas 365, nays 26, Nadler Ryun (KS) Udall (CO) Platts Shows Wamp not voting 41, as follows: Napolitano Sabo Udall (NM) Pombo Shuster Waters Nethercutt Sanchez Upton Pomeroy Simmons Watkins (OK) [Roll No. 403] Ney Sanders Velazquez Portman Simpson Watson (CA) YEAS—365 Northup Sandlin Visclosky Price (NC) Skeen Watt (NC) Nussle Saxton Vitter Abercrombie Davis, Jo Ann Holt Pryce (OH) Skelton Oberstar Schaffer Walden Watts (OK) Ackerman Davis, Tom Honda Putnam Smith (MI) Olver Schakowsky Walsh Waxman Aderholt DeFazio Hooley Quinn Smith (NJ) Weiner Ose Schiff Waters Radanovich Smith (TX) Akin DeGette Horn Otter Scott Weldon (FL) Watkins (OK) Rahall Snyder Allen Delahunt Houghton Owens Sensenbrenner Weldon (PA) Watson (CA) Ramstad Solis Andrews DeLauro Hoyer Oxley Serrano Weller Watt (NC) Rangel Souder Armey DeLay Hulshof Pallone Shaw Wexler Watts (OK) Regula Spratt Baca DeMint Hunter Pascrell Shays Waxman Rehberg Stark Whitfield Bachus Deutsch Hyde Pastor Sherman Weiner Reyes Stearns Wicker Baird Diaz-Balart Inslee Payne Sherwood Reynolds Stenholm Wilson (NM) Baker Dicks Isakson Pelosi Shimkus Weldon (FL) Riley Strickland Wilson (SC) Baldacci Dingell Israel Pence Shows Weldon (PA) Rivers Stupak Wolf Baldwin Doggett Issa Peterson (MN) Shuster Weller Rodriguez Sullivan Woolsey Ballenger Dooley Istook Petri Simmons Wexler Roemer Sununu Wu Barcia Doolittle Jackson (IL) Phelps Simpson Whitfield Rogers (KY) Sweeney Wynn Bartlett Dreier Jackson-Lee Pickering Skeen Wicker Rogers (MI) Tancredo Young (AK) Bass Edwards (TX) Pitts Skelton Wilson (NM) Rohrabacher Tanner Young (FL) Becerra Ehlers Jefferson Platts Smith (MI) Wilson (SC) Bentsen Ehrlich John Pombo Smith (NJ) Wolf NOT VOTING—38 Bereuter Emerson Johnson (CT) Pomeroy Smith (TX) Woolsey Berkley Engel Johnson (IL) Portman Snyder Wu Barrett Fossella Ortiz Berman English Johnson, E. B. Price (NC) Solis Wynn Blagojevich Ganske Peterson (PA) Berry Eshoo Jones (OH) Pryce (OH) Souder Young (FL) Brown (SC) Gephardt Ros-Lehtinen Biggert Etheridge Kanjorski Bryant Gillmor Roukema Bilirakis Evans Kaptur NAYS—26 Buyer Hilleary Sawyer Bishop Farr Keller Barr Goode Norwood Callahan Jenkins Schrock Blumenauer Fattah Kelly Barton Hall (TX) Paul Carson (IN) Larson (CT) Shadegg Blunt Ferguson Kennedy (MN) Bonilla Hansen Sessions Chambliss Lynch Slaughter Boehlert Filner Kennedy (RI) Cooksey McKinney Brady (TX) Hostettler Shadegg Smith (WA) Boehner Fletcher Kildee Deal Miller, George Cannon Johnson, Sam Tancredo Stump Bonior Foley Kilpatrick Doyle Mink Bono Forbes Kind (WI) Collins Jones (NC) Thornberry Taylor (NC) Dunn Neal Boozman Ford King (NY) Culberson Kerns Toomey Thomas Everett Obey Borski Frank Kingston Duncan Miller, Jeff Young (AK) Boswell Frelinghuysen Kirk Flake Myrick ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boucher Frost Kleczka Boyd Gallegly Knollenberg NOT VOTING—41 The SPEAKER pro tempore (during Brady (PA) Ganske Kolbe Barrett Everett Osborne the vote). The Chair would advise the Brown (FL) Gekas Kucinich Blagojevich Fossella Peterson (PA) Members that one of the voting panels Brown (OH) Gibbons LaFalce Brown (SC) Gephardt Ros-Lehtinen Burr Gilchrest LaHood Bryant Gillmor Roukema is out but those votes are being re- Burton Gilman Lampson Buyer Hilleary Sawyer corded and Members may verify their Calvert Gonzalez Langevin Callahan Jenkins Schrock vote by checking at the desk or at the Camp Goodlatte Lantos Carson (IN) Larson (CT) Slaughter Cantor Gordon Larsen (WA) Clement Markey Smith (WA) voting stations. Capito Goss Latham Combest McCarthy (MO) Stump Capps Graham LaTourette Cooksey Miller, George Taylor (NC) Capuano Granger Leach Cubin Mink Thomas b 1524 Cardin Graves Lee Deal Neal Carson (OK) Green (TX) Levin Doyle Obey Thune So (two-thirds having voted in favor Castle Green (WI) Lewis (CA) Dunn Ortiz Wamp thereof) the rules were suspended and Chabot Greenwood Lewis (GA) the concurrent resolution was agreed Chambliss Grucci Lewis (KY) Clay Gutierrez Linder b 1533 to. Clayton Gutknecht Lipinski The result of the vote was announced Clyburn Harman LoBiondo Mr. KERNS changed his vote from as above recorded. Coble Hart Lofgren ‘‘yea’’ to ‘‘nay.’’ Condit Hastings (FL) Lowey So the motion was agreed to. A motion to reconsider was laid on Conyers Hastings (WA) Lucas (KY) the table. Costello Hayes Lucas (OK) The result of the vote was announced Cox Hayworth Luther as above recorded. Stated for: Coyne Hefley Lynch Cramer Herger Maloney (CT) A motion to reconsider was laid on Mr. CHAMBLISS. Mr. Speaker, on rollcall Crane Hill Maloney (NY) the table. No. 402 I was unavoidably detained. Had I Crenshaw Hilliard Manzullo Crowley Hinchey Mascara Stated for: been present, I would have voted ‘‘yea.’’ Cummings Hinojosa Matheson Mr. LARSON of Connecticut. Mr. Mr. LARSON of Connecticut. Mr. Speaker, I Cunningham Hobson Matsui Speaker, I missed rollcall vote No. 403 Davis (CA) Hoeffel McCarthy (NY) missed rollcall vote No. 402 today. Had I been Davis (FL) Hoekstra McCollum today. Had I been present and voting, I present and voting, I would have voted ‘‘yea.’’ Davis (IL) Holden McCrery would have voted ‘‘yea.’’

VerDate Sep 04 2002 02:13 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A19SE7.038 H19PT1 H6406 CONGRESSIONAL RECORD — HOUSE September 19, 2002 PERSONAL EXPLANATION the Union Calendar and ordered to be Mr. ARMEY. I thank the gentle- Ms. DUNN. Mr. Speaker, on Thursday, Sep- printed. woman for the inquiry. I am sorry I did The SPEAKER pro tempore. Pursu- tember 19, 2002, I was unable to be present not hear the bill the gentlewoman was ant to clause 1, rule XXI, all points of for roll call votes No. 402, Recognizing the referring to. order are reserved on the bill. Teams and Players of the Negro Baseball Ms. PELOSI. The back to school act, Leagues, and No. 403, the Waters Motion to f so-called. Mr. ARMEY. Oh, I am sorry. No, I do Instruct Conferees on H.R. 3295—Help Amer- LEGISLATIVE PROGRAM not expect to see that back on the ica Vote Act. (Ms. PELOSI asked and was given floor, at least not next week. Had I been present, I would have voted permission to address the House for 1 Ms. PELOSI. Mr. Speaker, how long ‘‘yea’’ on roll No. 402 and ‘‘yea’’ on roll No. minute.) will the continuing resolution be? 403. Ms. PELOSI. Mr. Speaker, I take this Mr. ARMEY. Again, I want to thank f time to inquire about the schedule for the gentlewoman for the inquiry. There next week. PERSONAL EXPLANATION are consultations going on bicamerally I am pleased to yield to the distin- and bipartisan in the highest leader- Mr. BROWN of South Carolina. Mr. Speak- guished majority leader. ship levels and with the two respective er, I missed rollcall Nos. 400, 401, 402, and Mr. ARMEY. Mr. Speaker, let me bodies’ Committees of Appropriations, 403 due to attending my brother-in-law’s fu- thank the gentlewoman from Cali- and that information has not yet been neral. Had I been present, I would have voted fornia for yielding. finally agreed to; and when it is, I ex- ‘‘yea’’, on all four rollcalls. Mr. Speaker, I am pleased to an- pect the Speaker will make an an- f nounce that the House has completed nouncement, as I would expect the ma- its legislative business for the week. PERSONAL EXPLANATION jority leader in the other body to do so The House will next meet for legisla- as well. Mr. FROST. Mr. Speaker, I was unex- tive business on Tuesday, September Ms. PELOSI. Mr. Speaker, my under- pectedly detained during the vote for 24, at 12:30 p.m. for morning hour and 2 standing is, the gentleman, when asked H. Res. 523 recognizing the contribu- o’clock p.m. for legislative business. I about this continuing resolution, if we tions of Historically Black Colleges will schedule a number of measures are going to have a lame duck session, and Universities. Had I been present, I under suspension of the rules, a list of et cetera, said that he consults with would have voted ‘‘yea.’’ which will be distributed to Members’ Puff the Magic Dragon. Puff the Magic f offices tomorrow. Recorded votes on Dragon, lame duck, this place is get- Tuesday will be postponed until 6:30 ting more and more like a menagerie PERMISSION TO HAVE UNTIL MID- p.m. NIGHT, MONDAY, SEPTEMBER 23, or some would say a zoo. Mr. Speaker, for Wednesday and I have some concerns because today 2002, TO FILE CONFERENCE RE- Thursday, I have scheduled the fol- we voted on a resolution that urges the PORT ON H.R. 1646, FOREIGN RE- lowing measures: a conference report Senate to take certain action; but I LATIONS AUTHORIZATION ACT, to accompany H.R. 1646, the State De- know there is a bill that has over- FISCAL YEARS 2002 AND 2003 partment Authorization Act; a resolu- whelmingly passed the Senate 78 to 21 Mr. SMITH of New Jersey. Mr. tion calling for completion as soon as that the Congressional Budget Office Speaker, I ask unanimous consent that possible for the worker pension secu- estimated would lower prescription the managers may have until mid- rity legislation that passed this House drug prices by $60 billion over the next night, Monday, September 23, to file a in April and has not been considered in 10 years, $60 billion. Can the majority conference report on the bill (H.R. 1646) the other body; H.R. 4691, the Abortion leader inform us if that bill will be to authorize appropriations for the De- Nondiscrimination Act of 2002; a con- scheduled before Congress adjourns in partment of State for fiscal years 2002 tinuing resolution; and H.R. 4600, the October, heeding the gentleman’s con- and 2003, and for other purposes. Health Act of 2002. cern about not following up on business I thank the gentlewoman for yield- The SPEAKER pro tempore (Mr. completed by the Senate? ing. SIMPSON). Is there objection to the re- Mr. ARMEY. Mr. Speaker, I thank quest of the gentleman from New Jer- Ms. PELOSI. Mr. Speaker, I thank the gentleman for that information. I the gentlewoman for her inquiry, and I sey? understand that perhaps the animal There was no objection. have some further questions if the gentleman will be available. rights caucus may be a little bit con- f I understand the gentleman is saying cerned about some of the examples we use around here. We do consult with GENERAL LEAVE H.R. 4600, the medical malpractice bill, will be on the floor next week. Could magic dragons, indeed tolerate lame Mr. NUSSLE. Mr. Speaker, I ask the gentleman give us a little more ducks in our committed effort to keep unanimous consent that all Members what day it would be? pork off the floor of this House. may have 5 legislative days within Mr. ARMEY. I thank the gentle- That having been said, with respect which to revise and extend their re- woman for the inquiry; and if the gen- to the bill the gentlewoman has asked marks and include extraneous material tlewoman would continue to yield, we about, this bill is a poor and paltry on H. Res. 524 and H. Res. 525, the reso- expect to deal with that bill on Thurs- substitute for a comprehensive pre- lutions just agreed to. day of next week. scription drug benefit for American The SPEAKER pro tempore. Is there Ms. PELOSI. Mr. Speaker, so it is my seniors. The House passed a bipartisan objection to the request of the gen- understanding that next week we will comprehensive Medicare prescription tleman from Iowa? be in Tuesday night, Wednesday and drug benefit in June. The Senate has There was no objection. Thursday again; we have given away not yet passed a bill. This bill is quite f Monday and Friday again? simply not good enough for those of us Mr. ARMEY. I thank the gentle- in the House who did the hard work to REPORT ON H.R. 5410, FOREIGN OP- woman for the inquiry; and if the gen- pass a real prescription drug benefit ERATIONS, EXPORT FINANCING tlewoman will yield, in fact, the gen- bill available to all American seniors, AND RELATED PROGRAMS AP- tlewoman understood exactly correct. and it remains our hope that we will be PROPRIATIONS ACT, 2003 Ms. PELOSI. Mr. Speaker, we have able to pass a real prescription drug Mr. KOLBE, from the Committee on given away tomorrow, we are giving up bill before the end of this year. Appropriations, submitted a privileged next Monday, we are giving up next Ms. PELOSI. Mr. Speaker, perhaps report (Rept. No. 107–663) on the bill Friday, and the list of unfinished busi- the gentleman did not hear me. He said (H.R. 5410) making appropriations for ness continues to grow. The number of that the Senate had not passed a bill. foreign operations, export financing, legislative days continues to shrink. The Senate had passed it 78 to 21, the and related programs for the fiscal Does the gentleman expect the bill to prescription drug bill relating to ge- year ending September 30, 2003, and for deduct education expenses to be sched- neric drugs which would lower the cost other purposes, which was referred to uled for next week? If so, on what day? by $60 billion over 10 years, according

VerDate Sep 04 2002 01:58 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A19SE7.045 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6407 to the Congressional Budget Office. We that relate to education, to a prescrip- There was no objection. have a discharge petition to that end tion drug benefit, to access to health to bring it to the floor. I urge our col- care, pension security. The list goes on f leagues to sign it, but it was passed by and on; and as we come in for our 2- the Senate, contrary to the gentle- day-a-week work weeks in Washington, DISPENSING WITH CALENDAR man’s comment that the Senate had D.C., we are becoming less relevant to WEDNESDAY BUSINESS ON not passed a prescription drug bill. the problems that the American people WEDNESDAY NEXT We now have 4 legislative working are facing. It is almost as if they are Mr. ARMEY. Mr. Speaker, I ask days until the end of the fiscal year. saying to us, Earth to Congress, we are unanimous consent that the business We also have eight appropriations bills still here, we have these challenges in in order under the Calendar Wednesday to fund the entire government, and the our economy and our workforce, et rule be dispensed with on Wednesday House has yet to consider them. Are cetera, and get to work and get some of next. there any appropriations bills that will this done so that we can go forward. The SPEAKER pro tempore. Is there be considered to be scheduled next Mr. KOLBE. Mr. Speaker, will the objection to the request of the gen- week or the week after so that Mem- gentlewoman yield? tleman from Texas? bers can be prepared? Ms. PELOSI. I yield to the gentleman There was no objection. Mr. ARMEY. Again, I want to thank from Arizona. the gentlewoman for her inquiry with Mr. KOLBE. Mr. Speaker, if the gen- f respect to the appropriations bills. We tlewoman would yield for a question to continue to work on our efforts to the majority leader, and I know the CONTINUATION OF THE NATIONAL maintain the commitments we have gentlewoman’s interest. I just filed a EMERGENCY WITH RESPECT TO made to not only the President’s budg- few minutes ago the Committee on Ap- PERSONS WHO COMMIT, THREAT- et recommendation but this House’s propriations, Subcommittee on Foreign EN TO COMMIT, OR SUPPORT own passed budget, and those remain- Operations Export Financing and Re- TERRORISM—MESSAGE FROM ing appropriations bills, while insofar lated Programs bill which had passed THE PRESIDENT OF THE UNITED as we are able we work on those bills the committee last week and the sub- STATES with respect to which we have gotten committee the week before. to conference with the other body, and The SPEAKER pro tempore (Mr. it is our hope that at least some of b 1545 PLATTS) laid before the House the fol- those conferencing bills might come to While there are certainly differences lowing message from the President of the floor in the next week or two. of opinion on it, it is a bipartisan prod- the United States; which was read and, Ms. PELOSI. Mr. Speaker, there are uct; and I wonder if the gentleman can together with the accompanying pa- no dates in particular. give us any indication when that bill pers, without objection, referred to the Can the gentleman tell us when the might come to the floor. Committee on International Relations Iraq resolution will be brought to the Mr. ARMEY. Mr. Speaker, will the and ordered to be printed: floor that was distributed to us today? gentlewoman yield? To the Congress of the United States: Mr. ARMEY. Again, I want to thank Ms. PELOSI. I yield to the gentleman Section 202(d) of the National Emer- the gentlewoman for her inquiry. This from Texas. gencies Act (50 U.S.C. 1622(d)) provides is, of course, a matter of serious con- Mr. ARMEY. Mr. Speaker, first, I for the automatic termination of a na- sideration by each Member of this Con- thank the gentleman from Arizona tional emergency unless, prior to the gress, as it is with the administration (Mr. KOLBE) for filing the bill. I am anniversary date of its declaration, the and the American people also sharing very pleased about that. I will discuss President publishes in the Federal Reg- our concern here. The President has the scheduling of it with the Speaker. ister and transmits to the Congress a sent a resolution draft up before the We will schedule it as soon as possible. notice stating that the emergency is to two bodies of Congress. As my col- Ms. PELOSI. Mr. Speaker, as a mem- continue in effect beyond the anniver- league knows, the President and his ber of the subcommittee of the distin- sary date. In accordance with this pro- team continue to make information guished gentleman from Arizona (Mr. vision, I have sent the enclosed notice, available through, many times, secured KOLBE), I have a great deal of interest stating that the national emergency briefings to Members of Congress and when the bill comes to the floor as with respect to persons who commit, through the committee process, when well. I associate myself with the ques- threaten to commit, or support ter- possible, before the American people. tions asked by the gentleman from Ari- rorism is to continue in effect beyond We would expect that the committees zona. September 23, 2002, to the of jurisdiction on these matters would Mr. Speaker, I thank the distin- Federal Reg- for publication. continue to work their will on this res- guished majority leader. ister The crisis constituted by the grave olution and bring it to the floor. f It has been, I think, the insistence of acts of terrorism and threats of ter- the Speaker in matters especially of ADJOURNMENT TO MONDAY, rorism committed by foreign terror- such gravity that we work through our SEPTEMBER 23, 2002 ists, including the terrorist attacks in normal process, respecting the jurisdic- Mr. ARMEY. Mr. Speaker, I ask New York, Pennsylvania, and against tional rights and the expertise of the unanimous consent that when the the Pentagon committed on September committees. So I would encourage the House adjourns today, it adjourn to 11, 2001, and the continuing and imme- gentlewoman and all of my colleagues meet at 2 p.m. on Monday next. diate threat of further attacks on to watch as the committees work on The SPEAKER pro tempore (Mr. United States nationals or the United this very important resolution; and I SIMPSON). Is there objection to the re- States that led to the declaration of a would, however, expect that we should quest of the gentleman from Texas? national emergency on September 23, see this resolution on the floor in the There was no objection. 2001, has not been resolved. These ac- not-too-distant future. I hate to be so f tions pose a continuing unusual and ex- ambiguous, but I think it is only fair traordinary threat to the national se- HOUR OF MEETING ON TUESDAY, to the committee to give them the curity, foreign policy, and economy of time to do their job as they see fit. SEPTEMBER 24, 2002 the United States. For these reasons, I Ms. PELOSI. Mr. Speaker, I appre- Mr. ARMEY. Mr. Speaker, I ask have determined that it is necessary to ciate the seriousness with which the unanimous consent that when the continue the national emergency de- gentleman is treating the consider- House adjourns on Monday, September clared with respect to persons who ation of that resolution; and as soon as 23, 2002, it adjourn to meet at 12:30 p.m. commit, threaten to commit, or sup- my colleague knows, I am sure he will on Tuesday, September 24, for morning port terrorism and maintain in force let us know and when it will be brought hour debates. the comprehensive sanctions to re- to the floor. The SPEAKER pro tempore. Is there spond to this threat. There are many other issues that the objection to the request of the gen- GEORGE W. BUSH. American people are concerned about tleman from Texas? THE WHITE HOUSE, September 19, 2002.

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.091 H19PT1 H6408 CONGRESSIONAL RECORD — HOUSE September 19, 2002 PERIODIC REPORT ON THE NA- office who by their quick actions and role in this debate. This is a bipartisan TIONAL EMERGENCY WITH RE- early intervention prevented actual effort to rid the war of terrorism. This SPECT TO PERSONS WHO COM- cases of anthrax within the Capitol Hill is one party versus the other; this is MIT, THREATEN TO COMMIT, OR complex. They responded to and man- good versus evil. President Bush has SUPPORT TERRORISM—MESSAGE aged the largest bioterrorism event made that clear. Our allies in the U.N. FROM THE PRESIDENT OF THE ever, providing direction locally that have heard the message, and I urge us UNITED STATES was used nationwide and even world- all to focus on this very serious prob- The SPEAKER pro tempore laid be- wide. lem we face in this Nation. fore the House the following message It should be noted that the anthrax When people see the scourge of Iraq from the President of the United letter event proved to be the largest and the problems they pose to the free States; which was read and, together public health crisis in the United world, I think they, too, will join in a with the accompanying papers, without States since the smallpox outbreak in common voice and a common purpose objection, referred to the Committee New York City in the 1940s. The incred- of defeating terrorism and evil. Again I on International Relations and ordered ible response by the Attending Physi- commend the minority leader, and for to be printed: cian and his staff as they evaluated and all those in Congress who are prepared treated over 7,000 people ensured the to weigh in on this very critical issue To the Congress of the United States: continuity of two branches of govern- of national security; and I certainly ap- As required by section 401(c) of the ment, the Congress and the Supreme plaud the President, who has been National Emergencies Act, 50 U.S.C. Court. steadfast since September 11 in leading 1641(c), and section 204(c) of the Inter- Mr. Speaker, I hope this bill we are this Nation not only to fight the war national Emergency Economic Powers introducing today can move quickly here at home but abroad. Act, 50 U.S.C. 1703(c), I transmit here- through the House and be passed before f with the 6-month periodic report pre- October 14, the 1-year anniversary of SUPPORT SUDAN PEACE ACT pared by my Administration on the na- the anthrax letter arriving in Senator tional emergency with respect to per- DASCHLE’s office. (Mr. ARMEY asked and was given sons who commit, threaten to commit, f permission to address the House for 1 or support terrorism that was declared minute and to revise and extend his rein Executive Order 13224 of September U.N. MUST PASS RESOLUTION marks.) 23, 2001. (Mr. GIBBONS asked and was given Mr. ARMEY. Mr. Speaker, over the GEORGE W. BUSH. permission to address the House for 1 past 20 years, over 2 million people THE WHITE HOUSE, September 19, 2002. minute and to revise and extend his re- have died and over 4 million have been f marks.) driven from their homes in Sudan. Not ELIMINATE THE DEATH TAX Mr. GIBBONS. Mr. Speaker, recently by famine, flood or pestilence, but at Iraq agreed to allow U.N. inspectors the hands of people who claim a right (Mr. SMITH of Texas asked and was back into their country without condi- to govern. given permission to address the House tions. After hearing that news, all I Mr. Speaker, people who engage in a for 1 minute and to revise and extend can say is we have been down this road systematic campaign of killing, terror, his remarks.) before. starvation, destruction and expulsion Mr. SMITH of Texas. Mr. Speaker, After a decade of deception by Iraq, against the people of southern Sudan today the House passed a resolution the United Nations must show some are not the fearless leaders we hope to urging Congress to eliminate the death real backbone if it wants to be a mean- see in power when times are rough. tax. The death tax is the wrong tax on ingful organization in the 21st century. Rather, they are the heartless leaders the wrong people at the wrong time. It Let us not forget that from 1991 to 1998, who make times tough for their own punishes those who save and invest. It in spite of 13 different U.N. resolutions people. prevents parents from helping their mandating unconditional access, Iraq The government in Khartoum con- children; and it forces many farmers, never allowed that to happen. Saddam tinues to brutalize the people in the ranchers and small business owners to always had his conditions. Inspectors south. Why? While we cannot know the sell off a lifetime of hard work. were kept from presidential palaces, darkness within their hearts, we know The House of Representatives has mosques, and military installations, the roots of their hatred. We know that done its job. Last year we voted to re- just to name a few places where we the Khartoum Government, known as peal the death tax, but the Senate has know he hides weapons. the National Islamic Front, consists of not acted on similar legislation. Re- The U.N. must pass a resolution that those who are seeking to impose their pealing and reducing taxes leaves more not only mandates unconditional weap- version of Islam on the black Chris- money in working families’ pockets. ons inspections, but also outlines the tians in the south, or destroy them if When they spend it or invest it or start serious consequences for Saddam’s Iraq they do not get along. This is a reli- a business, new jobs are created and if the U.N. inspectors do not get com- gious crusade that uses genocide to the economy is benefited. Like a weed plete and unimpeded access and sup- convert disbelievers. The government in a garden, the death tax is not useful, port. wants to destroy the southern people does harm, and needs to be eliminated. The U.N. must take control and man- because they are of a different race and f date unfettered inspections, and Sad- religion. dam Hussein must comply. It is time We have one of the greatest humani- COMMENDING CONDUCT OF CAP- for the U.N., and not Saddam Hussein, tarian crises of our time. Khartoum’s ITOL HILL COMMUNITY DURING to be in the driver’s seat. self-proclaimed jihad against the ANTHRAX EVENT f south, driven by religious and racial (Mr. FILNER asked and was given hatred and a lust for oil, has killed permission to address the House for 1 FIGHTING TERRORISM HERE AND more people than died in Kosovo, Bos- minute and to revise and extend his re- ABROAD nia, Rwanda and Somalia combined. marks.) (Mr. FOLEY asked and was given per- Yesterday, September 18, marked the Mr. FILNER. Mr. Speaker, I rise mission to address the House for 1 first day of the Vigil for Sudan. Thou- today to introduce a resolution that minute and to revise and extend his re- sands of people will be gathering out- commends the entire Capitol Hill com- marks.) side the State Department at Galvez munity for their courage and profes- Mr. FOLEY. Mr. Speaker, I want to Park here in Washington to pray for sionalism during the days and weeks follow on the comments made by the the people of Sudan. We in Congress following the release of anthrax on gentleman from Nevada (Mr. GIBBONS) and all Americans should join with Capitol Hill. and urge Congress to continue its work them. We cannot stand by. Let us fin- In particular, I want to acknowledge in dealing with Iraq, and I specifically ish our work on the Sudan Peace Act the Office of the Attending Physician thank the gentleman from Missouri and be among those leaders who are and the health care professionals in his (Mr. GEPHARDT) for his very proactive fearless and who are not heartless.

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.094 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6409 SPECIAL ORDERS the separation of East and West Ger- sored and the House passed and I voted The SPEAKER pro tempore. Under many. That to me is a human outreach for a resolution naming a post office in the Speaker’s announced policy of Jan- of kindness from one people to another. Worcester for a former colleague of uary 3, 2001, and under a previous order If you look at the number of Mercedes- many of us in the House, my colleague of the House, the following Members Benzes and Volkswagens and BMWs from Worcester’s predecessor, former will be recognized for 5 minutes each. and German products that are pur- Representative Joseph D. Early. chased and consumed by the United I first met Joe Early in 1972 when I, f States, I can say definitely we have along with two of my current Massa- HITLER COMPARISON been on the side of economic prosperity chusetts colleagues (Mr. MARKEY and INAPPROPRIATE for millions of Germans. But to have Mr. DELAHUNT), was elected to the Mas- The SPEAKER pro tempore. Under a the Chancellor and have one of his top sachusetts House. Joe Early was by previous order of the House, the gen- ministers comparing anyone in the then an established leader in the Mas- sachusetts House. Two years later, he tleman from Florida (Mr. FOLEY) is United States to Hitler, particularly came here. I was proud to support him recognized for 5 minutes. pointing that reference to the Presi- Mr. FOLEY. Mr. Speaker, first, I dent, is honestly unspeakable. It is de- in his campaign to come here in 1974, want to take a moment to thank the meaning, it is derogatory, it is plain and 6 years later I became a member of the House and so worked with him for American Cancer Society and all of the sick. When Mr. Schroeder or his opponent the ensuing 12 years. various people who have come from I was very pleased to have a chance wins the election, I am certain the dia- around the 50 States, and right outside to join in naming that post office for logue will shift to, You know, it’s just this Capitol building are providing a him. I regretted the fact that I was not politics. Just kidding. We really do op- loud chorus of voices, working to fight able to participate in the debate. I was pose terrorism. We weren’t necessarily cancer, whether it be breast cancer, tied up at a committee meeting. I melanoma, prostate cancer, colon can- saying we sided with Iraq and Saddam thought I was going to be notified in cer, any of the number of maladies that Hussein. We merely were using you at time but to my error I came too late to strike mankind. an opportune time for our political ex- make the debate so I am taking this It is terrific to see people, particu- pedience. Mr. Schroeder, if the election special opportunity now because of my larly those from the 16th Congressional or reelection of your government is enormous respect for Joe Early and in District of Florida, participate in this that important that you can side with particular for his extraordinarily very important day of public aware- Iraq and Saddam Hussein, you do so at strong understanding of what the role ness, both for prevention of cancer and your own peril. This Nation has been a of government ought to be in our soci- to, hopefully, find a cure for cancer. long and steadfast friend of Germany ety. Mr. Speaker, I also want to take a and its people. We have worked to- Joe Early, during his time in the moment to express my personal out- gether on so many issues, too many to Massachusetts legislature, during his rage at the comments recently pro- mention. But to sit here at an eleventh time here, showed that you could be vided by German Chancellor Gerhard hour opportunity to regain power for compassionate, that you should be con- Schroeder’s justice minister, Herta the sake of power and demean our cerned about the needs of people who Daeubler-Gmelin, who said, ‘‘Bush President and our commitment to would otherwise be left behind without wants to divert attention from his do- working together for the international in any way being soft on waste, with- mestic problems. It’s a classic tactic. safety of every person on this globe is out in any way being tolerant of sloppi- It’s one that Hitler used.’’ reprehensible. ness or unnecessary expenditure. Joe To compare our President in any way I hope he will refute and rebut the Early was a tough fiscal watchdog. On in a reference to the satanical Adolf words of his justice minister. I hope he the Ways and Means Committee in the Hitler to me not only demeans the will at least find them to be offensive. Massachusetts House and here on the friendship of Germany to the United I hope they will work on strengthening Appropriations Committee, he was a States, but also indicates to me that their determination to continue our man who paid a lot of attention to the politics in its raw form has found its united efforts against terrorism, that specifics and was very, very tough on way insidiously into the debate in the they will in fact join with France and those who would waste public money. reelection of Mr. Schroeder as the Britain and others who have long rec- But he also understood that there were Chancellor of Germany. ognized the threat terrorism poses to a important values for the quality of our free people. The President’s passionate b 1600 life that had to be met with public deliverance of the speech to the United money. Time and again when it would I was in Europe just the other day Nations woke up a lot of people to the be unpopular, when demagogic amend- and happened to catch a few of his im- real threat that is facing all people, ments would be offered on the floor of passioned speeches where he was using not just the United States. This is not this House to make cuts of various the United States and our fight against for self-protection. This is for global sorts, Joe Early would be one of the terrorism as a means in which to ex- peace. The President embarked on a few courageous enough to point out ploit his election chances. A few weeks very, very difficult campaign and he how damaging they would be, how irre- ago he was behind in the polls and he did so alone, with few supporters and sponsible it was to take that easy ap- decided a good game was to play ‘‘them few allies. After his speech, I was over- proach as opposed to doing the kind of versus us,’’ as if the United States and whelmed by the outpouring of what I tough, ongoing work that he did of fa- Germany were at war, as if the United considered important support for going miliarizing himself with the programs States and Germany were not bound into weapons inspections and reopening for which he had legislative responsi- together by economic and other issues U.N. peacekeepers and weapons inspec- bility and fighting hard to make sure of importance to both our peoples. It tors into Iraq. That was a break- that they took effect. seemed to me that there is a lot of through and one I hope is taken seri- Those of us who knew Joe Early also thanks that should be given from Ger- ously. were stimulated by his company. He many for the Marshall Plan. After the f was not, as people will remember who problems Europe faced in World War I served with him, an unfailing dispenser and II, it was the United States eco- PAYING TRIBUTE TO of good cheer. If something was both- nomically that came together to aid CONGRESSMAN JOE EARLY ering you and you were looking for a that community and help dramatically The SPEAKER pro tempore (Mr. smiley face, Joe was probably the last restore economic opportunity to mil- PLATTS). Under a previous order of the person on the continent that you want- lions of Germans. It was Ronald House, the gentleman from Massachu- ed to encounter. But if you wanted se- Reagan in fact that spoke and urged setts (Mr. FRANK) is recognized for 5 rious conversation about our responsi- Mikhail Gorbachev to tear down this minutes. bility as an elected official, if you wall. We helped, if you will, along with Mr. FRANK. Mr. Speaker, earlier wanted to talk about both the others in the U.N. and the United Na- this week my colleague, the gentleman strengths and the limitations of gov- tions communities to work on ending from Worcester, Massachusetts, spon- ernment, if you wanted to talk about

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.096 H19PT1 H6410 CONGRESSIONAL RECORD — HOUSE September 19, 2002 how you actually use the machinery of viet Union. I traveled to Armenia along The SPEAKER pro tempore. Under a government and public funds to try and with the gentleman from Texas (Mr. previous order of the House, the gen- accomplish important goals, then Joe DOGGETT), who is also in the House tleman from Ohio (Mr. BROWN) is rec- Early would be very, very high on your Chamber this evening, during the Au- ognized for 5 minutes. list of people to consult. gust recess, my fifth trip there since (Mr. BROWN of Ohio addressed the He was, in particular, interested in independence, and I witnessed first- House. His remarks will appear here- medical care. He was very proud of the hand the spirit and determination of after in the Extensions of Remarks.) first-rate complex at the University of the Armenian people. Their spirit has f Massachusetts Medical School that he to be strong, Mr. Speaker, because they The SPEAKER pro tempore. Under a represented, and the hospitals. He took have suffered a dual, coordinated previous order of the House, the gen- on, to some extent, from Tip O’Neill, blockade by Armenia’s two hostile tleman from Texas (Mr. HINOJOSA) is the great leader of the Massachusetts neighbors, Azerbaijan and Turkey, for recognized for 5 minutes. delegation, an interest in and an advo- the preponderance of the young coun- (Mr. HINOJOSA addressed the House. cacy for the National Institutes of try’s life. Despite this overwhelming His remarks will appear hereafter in Health. Joe Early did as much as any burden, Armenia is currently poised to the Extensions of Remarks.) man who served during that period to become a full-fledged member of the f help America establish the position of World Trade Organization and has THE COSTS OF WAR leadership in health research, in pro- identified joining the European Union viding the kind of resources that has to be its next priority. The SPEAKER pro tempore. Under a done so much to improve the quality of Mr. Speaker, the United States has a previous order of the House, the gen- human life. fundamental national interest in bring- tleman from Texas (Mr. DOGGETT) is So now that Joe is in retirement, I ing about stability in the strategically recognized for 5 minutes. want to just take this opportunity to located Caucasus region and in sup- Mr. DOGGETT. Members of Congress express my appreciation to my col- porting those emerging nations like must thoughtfully reflect on their league from Worcester (Mr. MCGOV- Armenia that share our values. I was neighbors’ concerns and not serve as a ERN), Joe Early’s successor, for taking very pleased to see that Armenia was mere speed bump on a fast road to war. the initiative in naming that post of- one of the first countries to pledge This Administration has failed to pro- fice after Joe Early because it is as military and logistical assistance after vide evidence to us here in the Con- much as we can do to pay tribute to a September 11 and continue to hope gress, either secretly or publicly, that man who understood as well as anyone that all parties that contribute in the Saddam Hussein, a despicable dictator, what the job of being a Member of the war on terrorism can use that coordi- represents an imminent threat to United States House of Representatives nation as a catalyst for direct coopera- Americans, that he had a role in the entailed and who used to the fullest the tion. tragedy of 9–11, or is in any way di- powers of this job to make life better Mr. Speaker, it was the collapse of rectly linked to the al Qaeda terrorist for the people of this country. the Soviet Union in 1991 that allowed network, or that his danger to the the Armenian people to reestablish a world has significantly changed since f state and a nation, to create a society 9–11. If such evidence exists, the Presi- The SPEAKER pro tempore. Under a where their language, culture, religion dent should come forward and ask for a previous order of the House, the gentle- and other institutions would prosper. declaration of war. Instead, the Presi- woman from the District of Columbia The people of Armenia have endeav- dent has today submitted to the Con- (Ms. NORTON) is recognized for 5 min- ored to build a free and proud nation gress the draft of a sweeping resolution utes. based on the principles of democracy that would, if approved and imple- (Ms. NORTON addressed the House. and a market economy. The tiny, land- mented fully by the Administration, Her remarks will appear hereafter in locked Republic of Armenia is sur- commit thousands to death and extract the Extensions of Remarks.) rounded by hostile neighbors. Even in billions from the pockets of American f the face of this enmity, Armenia con- taxpayers. The SPEAKER pro tempore. Under a tinues to implement economic and It is interesting to contrast this reso- previous order of the House, the gen- democratic reforms. The International lution with that enacted in August of tleman from Oregon (Mr. DEFAZIO) is Monetary Fund and the World Bank 1964 upon which the Vietnam War was recognized for 5 minutes. have publicly noted Armenia’s eco- fought, the Gulf of Tonkin resolution. (Mr. DeFAZIO addressed the House. nomic progress in recent years. Despite At minimum, this Congress would do His remarks will appear hereafter in this progress under special and difficult well to narrow the President’s request the Extensions of Remarks.) circumstances, I saw firsthand that the today to the overly expansive language economic reality of daily life for the of the Gulf of Tonkin, which did at f people of the Republic of Armenia con- least limit the Commander in Chief ‘‘to The SPEAKER pro tempore. Under a tinues to be extremely hard. take all necessary measures to repel previous order of the House, the gen- Mr. Speaker, I hope that the Repub- any armed attack against the forces of tleman from California (Mr. FILNER) is lics of Turkey and Azerbaijan will re- the United States and to prevent fur- recognized for 5 minutes. spond positively to Armenia’s repeated ther aggression.’’ The resolution also (Mr. FILNER addressed the House. offers to normalize relations. Specifi- provided that we would react if a mem- His remarks will appear hereafter in cally, I hope that Turkey will allow for ber state of a particular defense treaty the Extensions of Remarks.) the exchange of diplomats and allow of which we were a member was ‘‘re- f the free flow of goods and people across questing assistance in defense of its the borders. And I hope that, with the own freedom.’’ President Bush is seek- IN TRIBUTE TO ARMENIA’S 11TH active participation of the United ing much, much greater authority than ANNIVERSARY OF INDEPENDENCE States, we will resolve the Nagorno- the Gulf of Tonkin resolution. The SPEAKER pro tempore. Under a Karabagh conflict in a manner that I believe that it is very important for previous order of the House, the gen- guarantees the security and self-deter- Americans to realize that launching a tleman from New Jersey (Mr. PALLONE) mination of the people of Karabagh. war against Saddam Hussein, despot is recognized for 5 minutes. Finally, Mr. Speaker, I wish the Ar- that he is, will entail costs far beyond Mr. PALLONE. Mr. Speaker, I rise to menia people well on the occasion of the battlefield. In addition to ques- pay tribute to the Armenia Republic on their independence day and, more im- tioning why young Americans will be the nation’s 11th anniversary of inde- portantly, in their ongoing effort to es- almost alone to die in order to win this pendence. On Saturday, September 21, tablish good relations with their neigh- war, there will be extraordinary costs citizens of Armenia as well as people of bors and their effort to build a vibrant that will touch the lives of every fam- Armenian descent here in the United democracy so that their children may ily in America—costs that will cer- States and around the world celebrate prosper in the homeland of their ances- tainly require reaching into the pocket their independence from the former So- tors. of every taxpayer in this country.

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.098 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6411 b 1615 (Mr. DOGGETT), to place on the record We know that about 2 years ago in This week on the front page of no this evening information important to October one of our destroyers, the less a publication than the Wall Street the American people. U.S.S. Cole, was suicide-bombed in One of the questions I have on this Journal, President Bush’s top eco- Yemen Harbor, and we know that we resolution that President Bush has nomic adviser, Lawrence Lindsey, esti- are extended in that part of the world sent up to the Congress, the joint reso- mated that the cost of waging this war to protect the oil lanes that are sup- lution to authorize the use of United plying this country every day. in which this Nation is about to em- States Armed Forces against Iraq, is I say to myself when I look at the bark may rise as high as $200 billion. the first question of why now, 7 weeks President’s plan for energy that he That is ‘‘billion’’ with a ‘‘B’’. That is before an election? sent up here earlier this year, what a billions that take away the hopes and Just about a week ago, the President disappointment to me as an American, dreams of so many of us for the oppor- properly appeared before the United a 21st-century American, that he has tunities that this country could afford. Nations, and he talked about the grave us wed to oil as the future, a dimin- That is $200 billion with a ‘‘B’’ that and gathering danger of what was oc- ishing resource. could be available to ensure a life of curring inside Iraq relative to Iraq’s We should be moving to a carbo- dignity for many older Americans; and development of nuclear weapons and hydrate future, not a hydrocarbon fu- provide economic security, healthcare, biological and chemical weapons. But ture in this country. We should be prescription drugs, and strengthen So- the President did not say an imminent moving toward a hydrogen future, not cial Security for our baby boomers. danger. In other words, 7 weeks before a petroleum future. We should be mov- That is billion with a ‘‘B’’ that will not an election in this country, why does a ing to a photovoltaic future, to a fuel be available to assure the educational grave and gathering danger require us cell future, not a petroleum future. So hopes and opportunities of a generation to take precipitous action against an- both domestic policy and the flawed of young Americans. It is billions with other nation state? I would ask the energy document released and our for- a ‘‘B’’ that will be spent on war in Iraq, President if action is not imminent, eign policy are totally tied together in instead of being spent to address our why now? Why now are we faced with this wedding of oil and politics that many other types of security needs this resolution, 7 weeks before congres- has been the heritage of this country here at home. sional elections? It is very, very curi- for the last 70 years. The $200 billion estimate, as high as ous timing. It is time to change. America wants it is, may be misleadingly low. We do One of the other questions I would to move on. In fact, if we removed oil not know whether this includes the ask the President is who is the enemy? as a proxy for our foreign policy, what prolonged occupation of Iraq and all of Now, we know who caused the carnage a different world this would be. the associated costs, which Vice Presi- over New York and Pennsylvania and I think it is important to remind the dent CHENEY has admitted are an es- at the Pentagon, and we know al Qaeda American people that the current re- sential part of this war; the rebuilding is a Middle Eastern-based terrorist net- cession that we are in, causing signifi- of Iraq, installing a new regime, wher- work, but their base is not Iraq. So I cant damage across this country, in- ever that might come from, as well as, would say, what is the connection be- cluding in districts like mine, was trig- of course, the much higher prices all of tween al Qaeda, where our attention gered by rising oil prices. Lots has hap- us can expect to pay as a result of in- should be focused, and Iraq? pened since that occurred; but nonethe- creases in the price of oil. I have gone to every single briefing less, look at what you spend at the gas pump and watch international events According to the same Wall Street here in the Capitol this week trying to and how they are tied to oil. Journal article, other Administration get the evidence from the CIA, the De- fense Intelligence Agency, former am- I would just say that it is time for economists say their main fear is that America to change. I look forward to an Iraq war could lead to a sustained bassadors from that region, weapons inspectors that have gone into Iraq in future debates on this resolution and spike in [oil] prices. the future direction for this country This estimate also does not include prior years. They have established no connection between al Qaeda and Iraq. that is domestically independent and the cost of the war widening if, for ex- at peace in the world. ample one of our few allies decides to So, who is the enemy? Who is the become involved, and as a result other enemy, Mr. President, and why are you f The SPEAKER pro tempore. Under a oil suppliers no longer supply that oil trying to pass this resolution at this previous order of the House, the gentle- and there is additional regional con- point? woman from Nevada (Ms. BERKLEY) is flict. Our forces are engaged in many places on the globe, certainly keeping recognized for 5 minutes. ‘‘Whatever the bottom line,’’ the (Ms. BERKLEY addressed the House. Wall Street Journal reports, ‘‘the war’s order in the Balkans. But now we have the Afghanistan situation facing us Her remarks will appear hereafter in cost would be significant enough to the Extensions of Remarks.) make it harder’’, much harder, ‘‘for the with terrible, terrible disruption inside Bush Administration to climb out of that country, with terrorists coming f the budget deficit hole,’’ which, I would back, the Taliban, the leftovers, cre- The SPEAKER pro tempore. Under a add, grows deeper and deeper. ating difficulties in that region of the previous order of the House, the gentle- So I would urge our colleagues to re- world. And I think it is very important woman from Florida (Ms. BROWN) is recognized for 5 minutes. view this resolution very closely, offer to recognize that moving into Iraq will (Ms. BROWN addressed the House. their ideas, informed by their constitu- be a significant military undertaking. Who is the enemy? Who is the Her remarks will appear hereafter in encies, and seek to work with Presi- enemy? We are not saying that Saddam the Extensions of Remarks.) dent Bush to bring us together in favor Hussein and that despotic regime func- of effective international arms inspec- f tions in a way that we consider accept- tion, instead of leading us into a war The SPEAKER pro tempore. Under a able on the face of the Earth. But what previous order of the House, the gen- that cannot be justified based on is the justification for now? present evidence. tleman from California (Mr. GEORGE Let me mention also, is it just a co- MILLER) is recognized for 5 minutes. f incidence that in Iraq, which holds the (Mr. GEORGE MILLER addressed the second largest supply of the world’s oil House. His remarks will appear here- QUESTIONS ABOUT THE NEED FOR reserves, is there any possibility that WAR WITH IRAQ after in the Extensions of Remarks.) in the resolution the President has f The SPEAKER pro tempore (Mr. sent us where he talks about defending PLATTS). Under a previous order of the the national security interests of the ESTABLISHING THE TRUTH ABOUT House, the gentlewoman from Ohio United States and restoring inter- IRAQ (Ms. KAPTUR) is recognized for 5 min- national peace and security in the re- The SPEAKER pro tempore. Under a utes. gion, that it might have anything to do previous order of the House, the gen- Ms. KAPTUR. Mr. Speaker, I join my with the oil that sits underground in tleman from Ohio (Mr. KUCINICH) is rec- colleague, the gentleman from Texas that particular country? ognized for 5 minutes.

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.106 H19PT1 H6412 CONGRESSIONAL RECORD — HOUSE September 19, 2002 Mr. KUCINICH. Mr. Speaker, the or actually have nuclear weapons capa- Republican plan, inherit unlimited Congress of the United States has just bility. Are we going to begin waging amounts of money and not pay a dime received from the White House a pro- war against some of those nations? Be- on it; not pay a dime. Tell me it is fair posed draft which would put this Con- cause this resolution brought by the to the self-employed person. Tell me it gress on the path of approving a war administration to this Congress would is fair to the lady who is going to clean with Iraq. The text of the resolution is somehow enable the administration to up this building tonight who is going very instructive, because the text of pursue war wherever they wanted to in to pay at least 8 percent taxes just for the resolution seems to ignore some the region. Social Security and Medicare. basic facts, and facts are important. Think about this, America: Iraq does But what is really unfair is that in They are urgent at this moment in our not have any usable weapons of mass order to give the Bush kids and the Nation’s history. destruction. They do not have the abil- Cheney kids this huge inheritance tax- The first fact we must keep in mind: ity to deliver those weapons to the free, they are sticking my kids, the Iraq had nothing to do with 9–11, yet United States. No one can come before Taylor kids, they are sticking the the text of the administration’s resolu- this House and say that Iraq can Jones kids, they are sticking the Jack- tion implies that Iraq is connected to launch a missile, if they had one, from son kids and everybody else’s kids with 9–11. Baghdad and send it here. the bill. Mr. Speaker, this is real money, and Second: Iraq has not been connected We have to establish the truth. ‘‘Ye when America borrows money, it is to al Qaeda, but the text of the admin- shall know the truth and the truth just like when a citizen back home uses istration’s resolution implies that shall set you free,’’ it says in the Scrip- somehow Saddam Hussein has some- their credit card. As long as you owe it, tures. Let the truth guide America in you have to pay interest on it. I bet not thing to do with the al Qaeda terrorist this period. Let the truth create peace. one person watching this realizes that network. Even the United States’ own Let the truth steer us away from war the biggest expense of your Nation is intelligence agencies, which have con- and find a path where America can pro- not welfare, it is not food stamps, it is siderable resources, have not been able tect the very soul of our Nation. not transportation, it is not taking to establish that. f care of veterans, it is not defense; it is We also know that Iraq was not con- interest payments on the national nected to the anthrax attacks upon b 1630 debt. It is $1 billion a day. Almost this Nation. Yet the resolution which TRUTH FOR AMERICA every American can visualize $1,000. the administration has presented to That is a big rent check, a house note this Congress would ask this Congress The SPEAKER pro tempore (Mr. and a car note for some people, but we to wage war against Iraq as a matter of PLATTS). Under a previous order of the House, the gentleman from Mississippi can visualize a thousand bucks. self-defense. So what we are spending today on the Now, what is self-defense? Self-de- (Mr. TAYLOR) is recognized for 5 minutes. interest is a thousand times a thousand fense is when someone attacks you, times a thousand. It is squandered. It you have a right to defend yourself. On Mr. TAYLOR of Mississippi. Speaker HASTERT, today marked the 1,355th day does not educate our kids, it does not September 11, the year 2001, the United help the military, it does not help old States was attacked. We have a right that you have been Speaker of the House. During that time, in particular, folks, it does not help kids, it does not to defend ourselves. On the vote that help anybody. A third of that goes to came before this Congress on Sep- in the past 1 year, while the Repub- licans have had a majority in the Japanese and German lending institu- tember 14, I joined other Members of tions, the folks that lend us the money. Congress in voting for America to de- House, my colleagues will recall a year ago, they had a Republican majority in So I am sure our World War II vets are fend itself and in voting for America to particularly pleased to know that the the Senate, and they passed their tax pursue the terrorists and to bring them folks we defeated in World War II now breaks, they passed their budget. They to justice; a task, I might add, which is have the ability to crush our economy got their spending, they got their unfinished. Yet that is ignored in this any time they call in the note. resolution. taxes. They increased spending by 16 So, Mr. Speaker, one would think This resolution instead will urge the percent and they cut taxes by 8 per- that the prudent thing to do in re- American people to finance to the tune cent. So in one year, they have now sponse to running up that debt was of over $100 billion a war against a na- added $440,605,894,921 to the national come to this House Floor and say, tion which has not waged war against debt. okay, we have to cut spending, and us. For the first time in our country’s Those of us who have studied Amer- maybe we ought to take a look at some history, we are going to be asked to ap- ican history will be quick to note that of those gigantic tax breaks the Repub- prove a resolution to wage a war of ag- from the day that George Washington licans gave their big contributors but, gression, not a war of defense. became President almost until the be- instead, no, they want to make them This is an important moment in the ginning of World War II, our Nation did permanent, even though just last week, history of our Republic. All credible in- not acquire that much debt in well the head of the Office of Management telligence says that Iraq does not have over 150 years. The Republican Con- and Budget, Mitch Daniels, told us that usable weapons of mass destruction. gress, in one year, has increased the even with this huge increase in the They were destroyed in the Gulf War. debt by that much. debt, only 10 percent of the tax breaks Those weapons capabilities, which Iraq One would think that their response have kicked in. So we are $440 billion got from, guess who, the Bush adminis- to that would be some shame because, broker than we were a year ago today. tration, the first Bush administration, after all, all they are doing is sticking What do we think we are going to be capabilities for biological, chemical our kids with their bills. That is what when the big tax breaks really kick in? and nuclear weapons of mass destruc- they did today. They passed a bill to Our Nation is now $6 trillion, that is tion, they were all destroyed in the say that some kids can inherit unlim- a thousand times a thousand times a Gulf War. Yet the administration ited amounts of money and not pay a thousand times a thousand times 6 in would have the people of this country penny’s worth of tax on it. For those of debt. Why does it affect every one of believe that Iraq still possesses those us who are self-employed as a welder, a you? Because you folks that I cannot capabilities. logger or a shrimper like some of my talk to in the gallery under House They do not. We have the ability to friends back home, they pay the em- rules, you pay Social Security taxes. tell if anyone in the world is making ployer’s share of Social Security, they You probably do not know that right nuclear weapons. We have technology pay the employee’s share of Social Se- now there is not a penny in the Social that can tell if gamma rays are being curity, so right off the bat they are Security trust fund, and that if we emitted, which are an essential tell- paying about 18 percent of taxes. Plus could find the so-called Social Security tale proof of this work of construction they are paying income tax on that. lock box, all we would discover is an of nuclear weapons. But for the very wealthiest Americans, IOU for $1 trillion, 300 billion. That is There are 17 nations in the world those who make the biggest campaign a thousand times a thousand times a which either possess, are trying to get, contributions, they can now, under the thousand times a thousand.

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.111 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6413 Every one of you who has ever resolution that the President has now FREE SPEECH FOR AMERICA’S worked paid Medicare taxes. The offered to us, there are some things RELIGIOUS INSTITUTIONS money is supposed to be set aside to that I agree with, that Iraq persists in The SPEAKER pro tempore. Under help pay your health care bills when violating resolutions of the United Na- the Speaker’s announced policy of Jan- you get older. If you could find the so- tions Security Council by continuing uary 3, 2001, the gentleman from North called lock box, all you are going to to engage in brutal repression of the ci- Carolina (Mr. JONES) is recognized for find is an IOU for $263 billion, a thou- vilian population. I agree. Whereas 60 minutes as the designee of the ma- sand times a thousand times a thou- members of al Qaeda as organizations jority leader. sand times 263. That is your money being housed, or the responsibility for Mr. JONES of North Carolina. Mr. that they have taken and stolen, be- attacks in the United States may be Speaker, I will not take the full hour, cause it is borrowed if they have a plan known to Iraq, I agree. But they may but as we are talking about our men to pay it back, but if you have no plan be known as well to Saudi Arabia and and women in uniform, and I want to to pay it back, and there is no plan to Pakistan. join with the gentlewoman from Texas, pay it back, it is stolen. We must realize that in this deter- that we are very fortunate to have the Mr. Speaker, you have now been mination, we are better, as Americans, men and women who serve this Nation, speaker for 1,355 days and you will not if we work through this process and God bless them, and also the fami- let this House vote to balance the through reconciliations and the United lies of those who serve this Nation, the budget. You will not allow a vote on a Nations Security Council. What are we men that serve this Nation and the Balanced Budget Amendment to the to do when nations around the world women, that we do appreciate them. Constitution, and you do not deserve to disturb us? Is it our responsibility to, That is really one of the reasons I am be speaker, but the American people on behalf of the American people, send on the floor today, because I do appre- deserve to know the truth. our young men and women into harm ciate and I cherish the First Amend- f on a unilateral basis? Are we to con- ment right of the Constitution of the United States of America, and I know LONELY IN THE QUEST FOR tinue operating on a deficit where that many men and women have died PEACE there is no money to wage war without substance? for that right and other rights that we The SPEAKER pro tempore. Under a I ask the President, as this resolu- enjoy based on our Constitution. previous order of the House, the gentle- tion is sent forward, let us sit down at But the reason I am here, Mr. Speak- woman from Texas (Ms. JACKSON-LEE) the table and really enunciate a policy er, is because our churches and syna- is recognized for 5 minutes. gogues are denied the First Amend- Ms. JACKSON-LEE of Texas. Mr. that brings no shame to this Nation. For there are no wimps in this Nation; ment rights to talk about issues such Speaker, sometimes the well of the as political issues. Well, some people House is lonely in both appearance and not a one of us would shy away from a fight to defend this land. I may not be might not know the history, and the the substance of which one comes to history is this, that from day one of speak. Today I speak about a matter in a position to go, but you could ask any one of us who would accept to go, the beginning of this Nation, the that has troubled me from the time preachers and priests have had the that the first pronunciations came but those young men and women are already on the frontline. I have seen freedom to talk about political issues from the White House as we moved to- and actually had that freedom until ward the summer recess and then went them. I have seen the body bags in Af- ghanistan. Those of us who know his- 1954. If this was 1953, Mr. Speaker, I home to our respective districts to be would not even be on the floor, because with our constituents and to listen to tory know how we left the marine troops in Lebanon where 200-plus died. there would be no problem. The their viewpoints and to do their bid- churches had freedom of speech until ding; from that moment in June, I Those of us who know history know about Vietnam and the body bags, 1954. stood on the floor of the House and In 1954, Lyndon Baines Johnson, 56,000 that came home. asked for concern and reconciliation on United States Senator and majority issues dealing with Iraq. In February of Mr. Speaker, I have no intent to leader, a very strong position that he 2001 I stood on the floor to ask that we argue against an administration that held in the United States Senate, had not abandon the crisis in the Mideast wants to do what is right for America; the H.L. Hunt family back in Texas op- and, to my dismay, for 9 months, there I want to follow the Constitution that posed to his reelection because they was no attention to the proliferation of says this body must declare war. were saying that Johnson was soft on suicide bombings and killings, and This resolution in its language allows communism. So the H.L. Hunt family even in the last 24 hours tragedy oc- the President the opportunity to do had established 2501(c)(3) think tanks, curred in the State of Israel, our unilateral attack on Iraq with no sup- obviously not churches, but think friend, with the suicide bombing. The port from our multinational allies and tanks. So Johnson, being the man that war of terrorism still wages in Afghani- to do a preemptive attack. I will go he was, put an amendment on a rev- stan, and President Karzai is depending home this weekend to hold a citizens enue bill going through the Senate in upon the United States remaining forum to listen to the constituents of 1954 that was never even debated; they strong and fighting against terrorism, the 18th congressional district. Who- never debated the amendment. Basi- building the Nation, helping the men ever is hearing my voice, I ask you to cally what he said was if you are a and women and children that want de- join around kitchen tables, PTA meet- 501(c)(3), you may not have political mocracy in Afghanistan. Based on the ings, churches and synagogues and speech. resolution that I supported after the mosques. Begin the discussion. Do not Well, Mr. Speaker, I am one who be- terrorist acts, the horrific acts, and my be acted upon. This is America. lieves sincerely that the strength of own personal visit to Afghanistan vis- Mr. Speaker, though this is a lonely this Nation depends on our spiritual iting with the people, walking the place, I would much rather stand here leaders having the right of free speech, streets, seeing the landmines and the today on September 19, 2002 and raise whether it be a political issue that devastation, I remain committed to my voice, for I will never forget Sec- they think is important or whether it fighting terrorism. retary MacNamara’s words post the should be a moral issue that is some- But it costs $1 billion a month, and Vietnam War: he wished he had said what political. What Mr. JOHNSON did we realize that the horrific act, as we something. He wished he had stood up. was to give the authority to the Inter- have just seen, that occurred on Sep- He wished he was counted against a nal Revenue Service to be able to say tember 11 occurred because we needed war that may not have been what we what can be said and not said as it re- to do some things better, intelligence- all thought it could have been; not lates to political issues of the day. sharing and information, and I hope against those heroes who died, Mr. I must say, Mr. Speaker, that I be- that the families will get the truth. Speaker, we will always respect the lieve sincerely that the moral future of But now we come with a pronounce- Vietnam vets, but I will come to this this country depends on our religious ment that we are prepared to make a well lonely so that we can hear the leaders having the freedom to talk unilateral attack on Iraq. As I read the truth and that peace will survive. about issues, should they choose.

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.112 H19PT1 H6414 CONGRESSIONAL RECORD — HOUSE September 19, 2002 Let me give an example. A priest in unjust that churches and clergymen Mr. Speaker, he also closed with a my district, the third district of North and women are unfairly targeted when Bible verse. Again, this is Pastor Wal- Carolina, was asked by a parishioner they exercise their right as an Amer- ter Fauntroy, who is testifying on be- who is a friend of mine, his name is ican citizen. I am pleased to offer my half of H.R. 2357 to return freedom of Jerry Shield, Jerry Shield asked the wholehearted support with sincere speech to our churches and synagogues, priest in October of 2000 during the prayer for passage of this important should those pastors decide that they presidential election, he asked his and liberating legislation.’’ want to talk about the issues of the priest, Father Rudy at St. Paul’s in I am very honored and pleased to day. Many times there are political New Bern, North Carolina, he said, Fa- have Dr. Flake support this and cer- issues of the day. ther, please just make the statement tainly to have his letter of support for He closed this way by saying: ‘‘... at the end of the mass that George what we are trying to do. save his life, shall lose it, and he that Bush is pro-life. Mr. Speaker, it so happened that on loses his life for my sake shall find it.’’ Mr. Speaker, that is not an endorse- May 15, the oversight committee, That is Matthew 10:39. I wish I could ment. It is a statement, it is an edu- chaired by the gentleman from New read the entire testimony of Pastor cational statement for those parish- York (Chairman HOUGHTON), held a Fauntroy. Obviously, Members would ioners that attended that church. hearing on this issue, freedom of better understand the last paragraph if speech in our churches and synagogues. b 1645 I had had the time to do that. That day, D. James Kennedy came up In addition, I want to read just a cou- The priest said to Jerry Shield, I can- from Florida, flew up from Florida to ple of statements from the testimony not do that, Jerry, because it will vio- testify on behalf of this legislation. of Dr. D. James Kennedy. He and Pas- late the 501(c)(3) status of this church. In addition to Dr. Kennedy, also Pas- tor Fauntroy, along with Kobe May, Mr. Speaker, I have introduced a bill, tor Walter Fauntroy came, who is a and Kobe May is an attorney for the H.R. 2357, the Houses of Worship Free pastor here in Washington, D.C. at the American Center for Law and Justice, Speech Protection Act. I am pleased to New Bethel Baptist Church. I am they testified that day on behalf of tell the Members that the support that pleased to tell the Members that actu- freedom of speech in our churches and we have from leaders around this Na- ally he was a Member of Congress and synagogues. tion is really quite humbling, to be also the vice mayor of Washington, This is one of the paragraphs that Dr. honest; people like Richard Land of the D.C., at one time. Kennedy said during his testimony Let me share a couple of comments Southern Baptist Convention; James that I want to read: Dobson, president of Focus on the that they made when they testified be- ‘‘This legislation is a vitally impor- Family; David Barton, director of the fore the oversight committee on May tant step in reversing a long-standing Wallbuilders; James Martin, the 60 14. I want to read these two para- injustice whereby free speech seems to graphs, Mr. Speaker. This is from Pas- Plus Association; Tim and Beverly be protected everywhere except in the tor Walter Fauntroy. I am just going LaHaye, and we all know their fine pulpit of our churches and other houses to read his 5-minute presentation that work; and Concerned Women for Amer- of worship. It will restore to churches a he made before the oversight com- ica; also, the Family Research Council; freedom and role that dates to the mittee, just two paragraphs for the the Religious Freedom Coalition, they American infancy. RECORD: support this legislation; also, David Nineteenth century historian John ‘‘What I have learned as a pastor, Keene, who is chairman of the Amer- Wingate Thornton said, ‘‘In a very civil rights activist, and Member of ican Conservative Union. Congress over these years has led me to great degree, to the pulpit, the Puritan Dr. D. James Kennedy, one of the fin- appear before you today in support of pulpit, we owe the moral forces which est men I have ever met, from the H.R. 2357, the Houses of Worship Polit- won our independence.’’ Coral Ridge Ministries, is a strong sup- Mr. Speaker, that is so true. If we ical Speech Protection Act. In the 5 porter of this legislation. think about the history of this Nation, minutes allowed me, I want to share Another man that I have great re- with you two definitions of ‘politics’ there was never any restriction of spect for, along with all the others that upon which I have acted over these speech in our churches and synagogues, I have named, is Ray Flynn. Ray Flynn years as a pastor, as a civil rights ac- none whatsoever. Only Lyndon Baines is the former ambassador to the Vati- tivist and a politician that inform my Johnson in 1954, with an amendment can and former Mayor of Boston, Mas- decision to support this legislation,’’ that was never debated, put the IRS in sachusetts. Mr. Flynn supports this H.R. 2357. the churches and the synagogues and legislation; also, a man that I have In addition, he closed this way, Mr. the mosques of America. really gotten to know by telephone Speaker. I cannot read the entire testi- Mr. Speaker, let me continue for just who I have a tremendous respect for, mony. I will at a later time, not today, a few more minutes. I would like to say Rabbi Daniel Lapin. He is a wonderful ask that I might be able to submit this that also at that hearing was the Inter- man of God, and he supports this legis- for the RECORD. nal Revenue Service, and I want to lation; and James Bopp, the constitu- He closed his testimony, and again, read just a couple of comments made tional lawyer for the James Madison this is Pastor Walter Fauntroy, pastor by the agents that testified. This is Center for Free Speech. He is a strong of the New Bethel Baptist Church here what one agent said when he was asked supporter of this legislation. in Washington, D.C. Many of my col- the question by the gentleman from Mr. Speaker, the reason I have this leagues on both sides of the political Georgia (Mr. LEWIS), and this was the enlargement of a letter that I received, aisle know him well, as they do Rev- question from the Congressman: ‘‘As a it is from a fine man who was a Mem- erend Floyd Flake from New York. rule, do you monitor the activities of ber of Congress my first year, 1995. This is how Pastor Fauntroy closed: churches during the political season?’’ Floyd Flake was a Member of the Con- ‘‘So, Mr. Chairman, I know that it is Mr. Miller, who represented the Inter- gress. He is an ordained minister, as not in my interest or that of the people nal Revenue Services, his answer to the well. I talked to him about 4 or 5 whom I serve that certain people who gentleman from Georgia (Mr. LEWIS) months ago. I told Dr. Flake what I are self-centered hypocrites when it was this: ‘‘We do monitor churches. We was trying to do: I was just trying to comes to the basic tenets of their reli- are limited in how we do that by rea- get the support to return the freedom gions exercise their right to be wrong. son of section 7611 and because of the of speech to our churches and syna- But like Voltaire, I may disagree with lack of information in the area because gogues. We chatted for a while, and he them vehemently, but I will defend to there is no annual filing.’’ said, Congressman, I would be glad to the death their right to be wrong and Mr. Speaker, this is the point I really write a letter of support. their right to participate in an orderly want to make because this is Mr. Mil- I just want to read two paragraphs effort to ‘translate what they believe ler’s answer: ‘‘So our monitoring is from this letter: into public policy and practice.’ I must mostly reciprocal of information from ‘‘I praise God for the stand that you not be selfish and therefore sinful; I third parties who are looking in.’’ Mr. have taken to defend the first amend- must not demand for myself what I Speaker, that kind of reminds me of ment right of houses of worship. It is would deny others.’’ what I think Nazi Germany might have

VerDate Sep 04 2002 01:58 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.114 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6415 been in the late ’30’s where there are Let me give you a practical example, b 1700 snitches that are willing to turn in and this is the information that they What I have found, I do not know somebody for what they said in a free give to the people of America about how many radio shows across this Na- nation. Mr. Speaker, America is better what they can and cannot do and what tion that I have had the opportunity to than that. America is greater than candidates can and cannot do, and this be on. I was on a show today in Iowa, that. Our church leaders do not need to issue that I am talking about is on and I was on a show two days ago in be muzzled by the Federal Government, Page 315 of the information that is pro- Kentucky and I am finding people of and in this case the Federal Govern- vided by the Internal Revenue Service. faith that really just did not know ment is the Internal Revenue Service. It is called the ‘‘Election Year Issues.’’ what the law was. And when they hear Let me give you another practical ex- Let me read and give you the example the history of it, again, that Lyndon ample that the gentleman from Illinois of what they give in this documenta- Johnson, just a man of arrogance, in (Mr. WELLER) asked of Mr. Miller. The tion. This is not even a church, by the my opinion, that just wanted to show question is: ‘‘Can the minister say the way. ‘‘If a nonprofit in Vermont runs an opponent that he could stifle his following from the pulpit and not be in an ad regarding a local ‘liberal’ can- speech, and when I tell them the his- violation of the tax status,’’ and this is didate, the Vermont voters would know tory of this thing and they know the what the preacher would be saying, which specific candidate the nonprofit history of America and the fact that ‘‘that candidate X is pro-life or can- was discussing,’’ in this case, a liberal we have such freedom that our min- didate Y is pro-choice?’’ candidate. This is a code ‘‘and in viola- isters and priests have never been bri- The answer from the IRS is: ‘‘That tion of Internal Revenue Service Code dled in speech until this became the becomes more problematic, Congress- 501(c)(3) because oftentimes candidates law in 1954. man. The pastor, the minister, the They are joining me in this effort. I rabbi can speak to the issues of the are unofficially given labels that become commonly known.’’ believe the leadership will give us a day, but to the extent that they start chance to debate this issue on the floor Mr. Speaker, the more I got into this tying it into a particular candidate and of the House sometime before we leave issue, I can honestly say that it is ab- to a particular election, it begins to for the elections. look more and more like either opposi- solutely ridiculous, and in my opinion Mr. Speaker, I will always remember tion to a particular candidate or favor- it is unconstitutional that Mr. JOHNSON that this country has been blessed by ing a particular candidate.’’ So because was able to get his amendment passed God; and the freedoms that we enjoy, I have a bill in, H.R. 2357, and the gen- without any debate, and if there had in my opinion, Mr. Speaker, are blessed tleman from Illinois (Mr. CRANE) has a been debate, quite frankly, I still think by God also; and I want to return that bill in that speaks to the same issue, it is unconstitutional that this Federal freedom. I want to make it clear that the gentleman from Illinois (Mr. Government through the Internal Rev- should they have this freedom in the WELLER) then asks Mr. Miller: ‘‘And enue Service would try to stifle free churches, not every minister is going would the Crane and the Jones legisla- speech in our churches and synagogues. to make a decision that he wants to tion clarify the law to allow for that So that is the reason I wanted to be on talk about this issue or that issue that type of statement?’’ The answer from the floor today. I will make a few more might be of a political nature. But Mr. Miller is ‘‘I believe so.’’ comments and then I will close. should he not have the freedom to do Then let me go further. Really this in We have numerous letters from reli- so, should he or she choose to do so? I itself is another point I want to make. gious leaders throughout this country think so. And I am pleased that 130 of The gentleman from Illinois (Mr. that believe that this legislation is my colleagues think so. WELLER) further asks: ‘‘Just to follow right, that this legislation is needed. I We receive faxes and e-mails just up on that, say you have a candidate will give the example again, Dr. Flake about every day from a minister from who was a guest speaker, was in a had Al Gore in his church in the year across this Nation. We got one yester- church speaking from the pulpit, con- 2000, and Mr. Flake is a Democrat, he is day from a minister in Missouri who cluding his or her remarks, and the a good man, and he blessed his party said in the e-mail, ‘‘Thank you for minister walks up, puts his or her arm and I respect that and appreciate that. what you are trying to do. I am going around that particular candidate and So when Mr. Gore finished speaking in to encourage the members from our says, ‘This is the right candidate, I his church, Dr. Flake walked up in State to join you in this effort.’’ urge you to support this candidate.’ Is front of approximately 10,000 people, a I was on the Jerry Falwell Show last that allowable under law?’’ big church in New York and he is a Friday in Lynchburg, Virginia, and he Mr. Hawkins, another IRS person great minister and draws big crowds, is in 50 States, and we talked about that attended and spoke at the hearing and he said, ‘‘I believe that Al Gore is this issue. Mr. Speaker, part of the on May 14, responds, ‘‘No, that would the right man for this Nation.’’ That is problem is that the IRS says they cannot be allowed under the law. That all he said. He got a letter of reprimand not enforce this law, anyway. They ac- would clearly be political campaign ac- from the Internal Revenue Service. If knowledged in the testimony on May 14 tivity. It would be protected, however, our preachers and ministers and priests that they know there are some church- under the two bills that have been in- and rabbis feel that they have a spir- es that do not abide by the law. And troduced by Mr. Crane and Mr. Jones.’’ itual calling to help educate people in yet Barry Lynn, who is a man that is Mr. Speaker, that is the reason that on the extreme left, and the reason I that congregation then please, please, I have for the last year and a half will say that is because he applauded let us not have the Federal Govern- taken this on, because I sincerely be- the Ninth Circuit Court’s decision ment determine what they can and lieve that for America to remain mor- when they said to remove ‘‘under God’’ cannot say because their role for this ally strong, our preachers and our from the Pledge of Allegiance, so to me Nation’s future is too important. priests and our rabbis must not be po- he is an extreme liberal; and he is op- litically handicapped by the speech pa- So again I have got the letter from posed to this legislation. In fact, in the trol, in this case, the IRS, because, Dr. Flake here that I read earlier, the year 2000 he sent to 285,000 churches a again, Mr. Speaker, this country is too two paragraphs, in support of this leg- letter that coerced and intimidated the great and too many people have given islation. Mr. Speaker, we have 130 co- preachers to have any discussion of the of their lives to protect the freedoms sponsors on this legislation, and I am a politics of September and October of that we should be able to enjoy. Republican and I am reaching out the year 2000. Mr. Speaker, let me also say that across the aisle, and I am pleased to So I am very hopeful that we can something that came to my attention say that we have about six or seven continue to garner support for this leg- as I started researching this issue is Democrats that have joined us. I have islation so that the men and women that the IRS has what they call code got three appointments next week with who serve our Lord as preachers and words, code words that they think three members of the Democratic priests and rabbis and clerics can have could be used to endorse a candidate, Party to go to their offices and sit the freedom, should they choose to and let me tell you what these code down and talk to them about joining us talk about these issues. words are. Liberal, prolife, prochoice, in this effort to return to freedom of Mr. Speaker, I want to close if I can antichoice, Republican, or Democrat. speech. with a letter, and this will be towards

VerDate Sep 04 2002 01:58 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.116 H19PT1 H6416 CONGRESSIONAL RECORD — HOUSE September 19, 2002 the end, from Richard Lynn. Richard Mr. FRANK, for 5 minutes, today. 9240. A letter from the Acting Assistant Lynn again is the Southern Baptist Ms. NORTON, for 5 minutes, today. General Counsel for Regulations, Office of Convention Ethics and Religion Com- Mr. DEFAZIO, for 5 minutes, today. the General Counsel, Department of Edu- mission. He is head of that commission Mr. FILNER, for 5 minutes, today. cation, transmitting the Department’s final Mr. PALLONE, for 5 minutes, today. rule — Disability and Rehabilitation Re- for the Southern Baptists. And he says search Projects (DRRP) Program — received in his letter, ‘‘Dear Congressman Mr. BROWN of Ohio, for 5 minutes, today. September 17, 2002, pursuant to 5 U.S.C. Jones: H.R. 2357 is consistent with the 801(a)(1)(A); to the Committee on Education Mr. HINOJOSA, for 5 minutes, today. constitutional principle that the and the Workforce. Ms. KAPTUR, for 5 minutes, today. church should be separated from the 9241. A letter from the Acting Assistant Ms. BERKLEY, for 5 minutes, today. State. The government should not have General Counsel for Regulations, Office of Ms. BROWN of Florida, for 5 minutes, General Counsel, Department of Education, the power to define what the church today. believes or practices in principle or in transmitting the Department’s final rule — Mr. GEORGE MILLER of California, for Rehabilitation Research and Training Center effect. With the unbridled discretion 5 minutes, today. (RRTC) Program — received September 12, given to the Internal Revenue Service Mr. DOGGETT, for 5 minutes, today. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the to selectively target those it wishes to Mr. KUCINICH, for 5 minutes, today. Committee on Education and the Workforce. silence or threaten, this principle is Mr. TAYLOR of Mississippi, for 5 min- 9242. A letter from the Principal Deputy not currently being protected.’’ utes, today. Associate Administrator, Environmental So, again, what Dr. Lynn is asking is Ms. JACKSON-LEE of Texas, for 5 min- Protection Agency, transmitting the Agen- that there not be any restriction of utes, today. cy’s final rule — Approval and Promulgation of Implementation Plans; Texas; Revisions speech in the churches and synagogues f throughout this great Nation that we to Regulations for Control of Air Pollution SENATE BILL REFERRED by Permits for New Sources and Modifica- all love and respect. tions [TX-104-1-7401a; FRL-7378-7] received So, Mr. Speaker, I am now going to A bill of the Senate of the following September 12, 2002, pursuant to 5 U.S.C. close the way I close every time I title was taken from the Speaker’s 801(a)(1)(A); to the Committee on Energy and speak publicly. I was on the floor this table and, under the rule, referred as Commerce. week and will be a couple of times next follows: 9243. A letter from the Principal Deputy week. This country appreciates the S. 1308. An act to provide for the use and Associate Administrator, Environmental men and women in uniform. And as distribution of the funds awarded to the Protection Agency, transmitting the Agen- some of my colleagues from the other Quinault Indian Nation under United States cy’s final rule — Approval and Promulgation side were talking about the possibility Claims Court Dockets 772–71, 773–71, 774–71, of Carbon Monoxide Implementation Plan; State of Alaska; Anchorage [AK-02-001; FRL- of war in Iraq, which none of us know and 775–71, and for other purposes; to the Committee on Resources. 7253-4] received September 12, 2002, pursuant for sure what will happen, but I have to 5 U.S.C. 801(a)(1)(A); to the Committee on three military bases in my district. I f Energy and Commerce. have Camp Lejeune Marine Base. I ENROLLED BILLS SIGNED 9244. A letter from the Principal Deputy have Cherry Point Marine Air Station. Associate Administrator, Environmental Mr. Trandahl, Clerk of the House, re- I have Seymour Johnson Air Force Protection Agency, transmitting the Agen- ported and found truly enrolled bills of Base. And I have gotten to know a lot cy’s final rule — Approval and Promulgation the House of the following titles, which of Air Quality Implementation Plans; Utah; of those men and women in uniform, were thereupon signed by the Speaker: New Source Performance Standards [SIP NO. from the privates up to the base com- UT-001-0043a, UT-001-44a; FRL-7376-7] re- manders. And I tell you the truth, I H.R. 4687. An act to provide for the establishment of investigative teams to assess ceived September 12, 2002, pursuant to 5 love and respect all of them. building performance and emergency re- U.S.C. 801(a)(1)(A); to the Committee on En- So I close my comments today, Mr. sponse and evacuation procedures in the ergy and Commerce. Speaker, by saying, most sincerely, wake of any building failure that has re- 9245. A letter from the Principal Deputy God, please bless our men and women sulted in substantial loss of life or that posed Associate Administrator, Environmental in uniform. God, please bless the fami- significant potential of substantial loss of Protection Agency, transmitting the Agen- lies of our men and women in uniform. life. cy’s final rule — Approval and Promulgation I have asked God to please bless the H.R. 5157. An act to amend section 5307 of of Air Quality Implementation Plans; State title 49, United States Code, to allow transit of Colorado; Denver PM 10 Redesignation to President of the United States, that Attainment, Designation of Areas for Air the President might make the best de- systems in urbanized areas that, for the first time, exceeded 200,000 in population accord- Quality Planning Purposes [CO-001-0067; cisions and the right decisions for the ing to the 2000 census to retain flexibility in FRL-7261-3] received September 12, 2002, pur- future of America. I ask God to bless the use of Federal transit formula grants in suant to 5 U.S.C. 801(a)(1)(A); to the Com- my colleagues here in the House and fiscal year 2003, and for other purposes. mittee on Energy and Commerce. 9246. A letter from the Principal Deputy the Senators across the aisle so that f they might do what is right in the eyes Associate Administrator, Environmental SENATE ENROLLED BILL SIGNED Protection Agency, transmitting the Agen- of our Lord and Savior. cy’s final rule — Approval and Promulgation Mr. Speaker, I close this way because The SPEAKER announced his signa- of Air Quality Implementation Plans; State I say it three times because I mean it ture to an enrolled bill of the Senate of of Utah; Vehicle Inspection and Maintenance from the bottom of my heart. Please, the following title: Program; Utah County [UT-001-0021a, UT-001- God, please, God, please, God, continue S. 1834. An act for the relief of retired Ser- 0041a; FRL-7264-7] received September 12, to bless America. geant First Class James D. Benoit and Wan 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. f Sook Benoit. 9247. A letter from the Director, Inter- f LEAVE OF ABSENCE national Cooperation, Department of De- By unanimous consent, leave of ab- ADJOURNMENT fense, transmitting a copy of Transmittal Mr. JONES of North Carolina. Mr. No. 27-02 which informs you of our intent to sence was granted to: sign Amendment One to the Future Air Ca- Ms. CARSON of Indiana (at the request Speaker, I move that the House do now pabilities Memorandum of Understanding of Mr. GEPHARDT) for today on account adjourn. (FAC-MOU) between the United States, of family business. The motion was agreed to; accord- France, Germany, the United Kingdom and f ingly (at 5 o’clock and 6 minutes p.m.), Italy, pursuant to 22 U.S.C. 2767(f); to the under its previous order, the House ad- Committee on International Relations. SPECIAL ORDERS GRANTED journed until Monday, September 23, 9248. A letter from the Director, Inter- By unanimous consent, permission to 2002, at 2 p.m. national Cooperation, Department of De- fense, transmitting a copy of Transmittal address the House, following the legis- f lative program and any special orders No. 26-02 which informs you of our intent to sign a Project Agreement concerning Aegis heretofore entered, was granted to: EXECUTIVE COMMUNICATIONS, ETC. Combat System Test and Evaluation on U.S. (The following Members (at the re- and Spanish Aegis Ships between the United quest of Mr. FRANK) to revise and ex- Under clause 8 of rule XII, executive States and Spain, pursuant to 22 U.S.C. tend their remarks and include extra- communications were taken from the 2767(f); to the Committee on International neous material:) Speaker’s table and referred as follows: Relations.

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K19SE7.118 H19PT1 September 19, 2002 CONGRESSIONAL RECORD — HOUSE H6417 9249. A letter from the Director, Inter- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Ways and Means, and in addition to the Com- national Cooperation, Department of De- mittee on the Judiciary. mittee on Energy and Commerce, for a pe- fense, transmitting a copy of Transmittal 9260. A letter from the General Counsel, riod to be subsequently determined by the No. 25-02 which informs you of our intent to United States Access Board, transmitting Speaker, in each case for consideration of sign the Second Amendment to the Arrow the Board’s final rule — Americans With Dis- such provisions as fall within the jurisdic- System Improvement Program (ASIP) be- abilities Act (ADA) Accessibility Guidelines tion of the committee concerned. tween the United States and Israel, pursuant for Buildings and Facilities; Recreation Fa- By Mrs. BONO (for herself, Ms. GRANG- to 22 U.S.C. 2767(f); to the Committee on cilities [Docket No. 98-5] (RIN: 3014-AA16) re- ER, Mr. MARKEY, Mr. SANDERS, Mr. International Relations. ceived September 17, 2002, pursuant to 5 MEEKS of New York, Mr. LAHOOD, Mr. 9250. A letter from the Deputy Assistant U.S.C. 801(a)(1)(A); to the Committee on JOHNSON of Illinois, Mrs. LOWEY, Mr. Secretary, Export Administration, Depart- Transportation and Infrastructure. CASTLE, Mr. BLUMENAUER, and Mr. ment of Commerce, transmitting the Depart- 9261. A letter from the Acting Director, Of- KENNEDY of Rhode Island): ment’s final rule — Licensing Jurisdiction fice of Regulatory Law, Department of Vet- H.R. 5412. A bill to establish grants to pro- for ‘‘Space Qualified’’ Items and Tele- erans’ Affairs, transmitting the Depart- vide health services for improved nutrition, communications Items for Use on Board Sat- ment’s final rule — Priorities for Outpatient increased physical activity, obesity preven- ellites [Docket No. 020726182-2182-01] (RIN: Medical Services and Inpatient Hospital Care tion, and for other purposes; to the Com- 0694-AC49) received September 17, 2002, pur- (RIN: 2900-AL39) received September 17, 2002, mittee on Energy and Commerce, and in ad- suant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- dition to the Committees on Agriculture, mittee on International Relations. mittee on Veterans’ Affairs. and Ways and Means, for a period to be sub- 9251. A letter from the Assistant Secretary sequently determined by the Speaker, in f for Legislative Affairs, Department of State, each case for consideration of such provi- transmitting the redesignation as ‘‘foreign REPORTS OF COMMITTEES ON sions as fall within the jurisdiction of the terrorist organizations’’ pursuant to Section PUBLIC BILLS AND RESOLUTIONS committee concerned. 219 of the Immigration and Nationality Act, By Mr. BURR of North Carolina (for as added by the Antiterrorism and Effective Under clause 2 of rule XIII, reports of himself, Mr. PAUL, Mr. CANNON, Mr. Death Penalty Act of 1996, and amended by committees were delivered to the Clerk ROYCE, Mr. ENGLISH, Mr. AKIN, and the Illegal Immigration Reform and Immi- for printing and reference to the proper Mr. PETRI): grant Responsibility Act of 1996; to the Com- calendar, as follows: H.R. 5413. A bill to amend the Internal Rev- enue Code of 1986 to give a deduction to cor- mittee on International Relations. Mr. KOLBE: Committee on Appropriations. 9252. A letter from the Acting White House porations for dividends paid and to exclude H.R. 5410. A bill making appropriations for Liaison, Department of Treasury, transmit- dividends from gross income; to the Com- foreign operations, export financing, and re- ting a report pursuant to the Federal Vacan- mittee on Ways and Means. lated programs for the fiscal year ending cies Reform Act of 1998; to the Committee on By Mr. FERGUSON (for himself and September 30, 2003, and for other purposes Government Reform. Mr. FORD): (Rept. 107–663). Referred to the Committee on 9253. A letter from the Deputy Associate H.R. 5414. A bill to facilitate check trunca- the Whole House on the State of the Union. Administrator, Office of Acquisition Policy, tion by authorizing substitute checks, to fos- Mr. HANSEN: Committee on Resources. S. GSA, General Services Administration, ter innovation in the check collection sys- 691. An act to direct the Secretary of Agri- transmitting the Administration’s final rule tem without mandating receipt of checks in culture to convey certain land in the Lake — Federal Acquisition Circular 2001-09; In- electronic form, and to improve the overall Tahoe Basin Management Unit, Nevada, to troduction — received September 17, 2002, efficiency of the Nation’s payments system, the Secretary of the Interior, in trust for the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and for other purposes; to the Committee on Washoe Indian Tribe of Nevada and Cali- mittee on Government Reform. Financial Services. 9254. A letter from the Assistant Secretary fornia (Rept. 107–664). Referred to the Com- By Mr. GUTKNECHT (for himself, Mr. mittee on the Whole House on the State of for Fish and Wildlife and Parks, Department KENNEDY of Minnesota, Mr. LUTHER, the Union. of the Interior, transmitting the Depart- Ms. MCCOLLUM, Mr. PETERSON of ment’s final rule — Endangered and Threat- f Minnesota, Mr. RAMSTAD, and Mr. ened Wildlife and Plants; Emergency Rule to SABO): Establish Seven Additional Manatee Protec- PUBLIC BILLS AND RESOLUTIONS H.R. 5415. A bill to amend the Internal Rev- tion Areas in Florida (RIN: 1018-AH80) re- Under clause 2 of rule XII, public enue Code of 1986 to establish a pilot pro- ceived September 17, 2002, pursuant to 5 bills and resolutions were introduced gram to encourage the use of medical sav- U.S.C. 801(a)(1)(A); to the Committee on Re- and severally referred, as follows: ings accounts by certain current and retired sources. public employees of the State of Minnesota 9255. A letter from the Assistant Secretary By Mr. ISSA (for himself, Mr. CALVERT, and political jurisdictions thereof; to the for Fish and Wildlife and Parks, Department Mrs. BONO, Mr. RADANOVICH, Mr. Committee on Ways and Means. of the Interior, transmitting the Depart- CUNNINGHAM, Mr. HUNTER, Mr. DOO- By Mr. LARSON of Connecticut (for ment’s final rule — 2002-2003 Refuge-Specific LITTLE, and Mr. OSE): himself, Mr. WELDON of Pennsyl- Hunting and Sport Fishing Regulations H.R. 5409. A bill to provide an environ- vania, Mr. MALONEY of Connecticut, (RIN: 1018-AI34) received September 17, 2002, mentally sound process for the expeditious Ms. DELAURO, Mrs. JOHNSON of Con- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- consideration and approval of a high-voltage necticut, Mr. SIMMONS, Mr. SHAYS, mittee on Resources. electricity transmission line right-of-way and Mr. FROST): 9256. A letter from the Army Federal Reg- through the Trabuco Ranger District of the H.R. 5416. A bill to amend the Internal Rev- ister Liaison Officer, Department of Defense, Cleveland National Forest in the State of enue Code of 1986 to exclude from income and transmitting the Department’s final rule — California and adjacent lands under the ju- employment taxes and wage withholding Environmental Analysis of Army Actions risdiction of the Bureau of Land Manage- property tax rebates and other benefits pro- [Army Regulation 200-2] received September ment and the Forest Service; to the Com- vided to volunteer firefighters and emer- 17, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee on Resources. gency medical responders; to the Committee the Committee on Resources. By Mr. KOLBE: on Ways and Means. 9257. A letter from the Program Manager, H.R. 5410. A bill making appropriations for By Ms. MCCOLLUM (for herself, Mr. ATF, Department of the Treasury, transmit- foreign operations, export financing, and re- BERRY, Mr. SABO, Mr. GUTKNECHT, ting the Department’s final rule — Transfer lated programs for the fiscal year ending Mr. LUTHER, Mr. KIND, Mr. BOSWELL, and Possession of Machineguns (ATF Rul. September 30, 2003, and for other purposes; to Mr. FORD, Mr. SHOWS, and Mr. 2002-5) received September 12, 2002, pursuant the Committee on Appropriations. THOMPSON of Mississippi): to 5 U.S.C. 801(a)(1)(A); to the Committee on By Mr. ALLEN (for himself, Mrs. H.R. 5417. A bill to amend the National the Judiciary. CAPITO, Mr. BALDACCI, Mr. LANGEVIN, Trails System Act to designate the route of 9258. A letter from the Program Manager, Mr. PICKERING, Mr. SIMMONS, Mr. the Mississippi River from its headwaters in ATF, Department of the Treasury, transmit- HOLDEN, Mrs. EMERSON, Mr. GEKAS, the State of Minnesota to the Gulf of Mexico ting the Department’s final rule — Indoor Mr. LYNCH, Mr. MCNULTY, Mr. for study for potential addition to the Na- Storage of Explosives in a Residence or CRAMER, Mrs. CAPPS, Ms. BROWN of tional Trails System as a national scenic Dwelling (ATF Rul. 2002-3) received Sep- Florida, Ms. DELAURO, Mr. HILLIARD, trail, national historic trail, or both, and for tember 10, 2002, pursuant to 5 U.S.C. Mr. INSLEE, Mr. SANDERS, Mr. SHOWS, other purposes; to the Committee on Re- 801(a)(1)(A); to the Committee on the Judici- Mr. SMITH of New Jersey, Ms. BALD- sources. ary. WIN, Mr. BROWN of Ohio, Mr. KILDEE, By Mr. MCCRERY: 9259. A letter from the Program Manager, Mr. SNYDER, Mr. LUCAS of Kentucky, H.R. 5418. A bill to reform the administra- ATF, Department of the Treasury, transmit- and Mr. BERRY): tive funding of the unemployment compensa- ting the Department’s final rule — Indoor H.R. 5411. A bill to extend for 3 additional tion and employment service programs; to Storage of Explosives in Business Premises years a temporary increase in payment for improve State administration and flexibility Directly Adjacent to a Residence or Dwelling skilled nursing facility services under the with respect to such programs, and for other (ATF Rul. 2002-4) received September 10, 2002, Medicare Program; to the Committee on purposes; to the Committee on Ways and

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Means, and in addition to the Committees on fall within the jurisdiction of the committee PATRICK, Mr. GRAHAM, Ms. DELAURO, Education and the Workforce, and Govern- concerned. Mr. LANTOS, Ms. MCKINNEY, Ms. ment Reform, for a period to be subsequently By Mr. TIAHRT: EDDIE BERNICE JOHNSON of Texas, Mr. determined by the Speaker, in each case for H.R. 5425. A bill to authorize the Secretary OLVER, Ms. MILLENDER-MCDONALD, consideration of such provisions as fall with- of the Interior to participate in the construc- Ms. HOOLEY of Oregon, Mr. CANTOR, in the jurisdiction of the committee con- tion and maintenance of facilities in Wich- Mr. CRENSHAW, Mr. JENKINS, Mr. cerned. ita, Kansas, to recharge the Equus Beds Aq- FORBES, Mr. KIND, Mrs. BONO, Ms. By Mr. MCNULTY (for himself and Mr. uifer, and for other purposes; to the Com- DEGETTE, Mr. HOEFFEL, Mr. HILL- GILMAN): mittee on Resources. IARD, Mr. CUNNINGHAM, Mr. EDWARDS, H.R. 5419. A bill to redesignate the facility By Mr. WHITFIELD (for himself and Mr. QUINN, Mrs. NAPOLITANO, Mr. of the United States Postal Service located Mr. TANNER): WATTS of Oklahoma, Mr. RANGEL, H.R. 5426. A bill to expand the boundaries at 747 Broadway in Albany, New York, as the Mr. LEWIS of Kentucky, Mr. CLYBURN, of the Fort Donelson National Battlefield to ‘‘United States Postal Service Henry John- and Ms. PRYCE of Ohio): son Annex’’; to the Committee on Govern- authorize the acquisition and interpretation H.R. 5427. A bill to designate the Federal ment Reform. of lands associated with the campaign that building located at Fifth and Richardson By Mr. NADLER: resulted in the capture of the fort in 1862, Avenues in Roswell, New Mexico, as the ‘‘Joe H.R. 5420. A bill to amend title 46, United and for other purposes; to the Committee on Skeen Federal Building‘‘; to the Committee States Code, to require inspection of cargo Resources. on Transportation and Infrastructure. destined for the United States; to the Com- By Mrs. WILSON of New Mexico (for By Mrs. JO ANN DAVIS of Virginia herself, Mr. SKELTON, Mr. mittee on Transportation and Infrastruc- (for herself and Mr. SCOTT): ture, and in addition to the Committee on BALLENGER, Mr. KOLBE, Mr. ROGERS H. Con. Res. 472. Concurrent resolution rec- Ways and Means, for a period to be subse- of Michigan, Mr. LEWIS of California, ognizing the 100th anniversary of the 4-H quently determined by the Speaker, in each Mr. WAMP, Mr. SERRANO, Mr. MORAN Youth Development Program; to the Com- case for consideration of such provisions as of Virginia, Mr. SWEENEY, Mr. mittee on Education and the Workforce. MCHUGH, Mr. HUNTER, Mrs. MEEK of fall within the jurisdiction of the committee By Ms. LEE (for herself, Mrs. CLAYTON, Florida, Mr. BEREUTER, Mr. VIS- concerned. Ms. RIVERS, Mr. HINCHEY, Mr. JACK- CLOSKY, Mr. PENCE, Mr. TAYLOR of By Mr. ROSS (for himself, Mr. BERRY, SON of Illinois, Mr. MCDERMOTT, Mr. North Carolina, Mr. GALLEGLY, Mr. Mrs. CLAYTON, Mr. WILSON of South KUCINICH, Ms. MCKINNEY, Mr. OWENS, HORN, Mrs. MALONEY of New York, Carolina, Mrs. JONES of Ohio, Mrs. Ms. KILPATRICK, Ms. WATSON, Mr. Mr. WATKINS, Mr. SABO, Mr. BUYER, CHRISTENSEN, Mr. OBERSTAR, Mr. RUSH, Mrs. CHRISTENSEN, Mr. HILL- Ms. KAPTUR, Mr. MCGOVERN, Mr. GIB- BOUCHER, Mr. SHOWS, Mr. JEFFERSON, IARD, Mr. CLAY, Mr. STARK, Mr. FARR BONS, Mr. COMBEST, Mr. CHAMBLISS, Mr. MCHUGH, Mr. TURNER, Mr. SKEL- of California, Ms. KAPTUR, Ms. BALD- Mr. UDALL of New Mexico, Mr. REG- TON, Mr. GOODE, Mr. ETHERIDGE, Mr. WIN, Mr. FILNER, Ms. WOOLSEY, Mr. ULA, Mr. GRUCCI, Mr. PUTNAM, Mr. CARSON of Oklahoma, Mr. MATHESON, CLYBURN, Mr. DAVIS of Illinois, Ms. SHIMKUS, Mr. ARMEY, Mrs. MYRICK, Mr. ISRAEL, Mr. SCHIFF, Mr. SCOTT, BROWN of Florida, Mr. SERRANO, Ms. Mrs. CUBIN, Mr. CRANE, Mr. BAKER, Mr. JOHN, Mr. STENHOLM, Mr. ED- SOLIS, and Mr. CONYERS): Mr. HAYWORTH, Ms. DUNN, Mr. GIL- WARDS, Mr. PHELPS, Mr. SANDLIN, Mr. H. Con. Res. 473. Concurrent resolution ex- MAN, Mr. SHADEGG, Mr. DOOLITTLE, LARSON of Connecticut, Mr. BOSWELL, pressing the sense of Congress with respect Mr. REYNOLDS, Mr. MANZULLO, Mr. Mr. CRAMER, Mr. LUCAS of Kentucky, to the importance of the United States work- SAXTON, Mr. OSE, Mr. SULLIVAN, Mr. and Mr. SNYDER): ing through the United Nations to assure H.R. 5421. A bill to amend title 10, United TOM DAVIS of Virginia, Mr. POMBO, Iraq’s compliance with United Nations Secu- States Code, to support the Federal Excess Mr. WOLF, Mr. STENHOLM, Mr. SMITH rity Council resolutions and advance peace Personal Property program of the Forest of Texas, Mrs. JOHNSON of Con- and security in the Persian Gulf region; to Service by making it a priority of the De- necticut, Mr. BURR of North Caro- the Committee on International Relations. lina, Mr. SAM JOHNSON of Texas, Mr. partment of Defense to transfer to the For- By Ms. MCCARTHY of Missouri (for CALVERT, Mr. BURTON of Indiana, Mr. est Service excess personal property of the herself and Mr. RYUN of Kansas): Department that is suitable to be loaned TIAHRT, Mr. OTTER, Mr. WILSON of H. Con. Res. 474. Concurrent resolution ex- under the program to rural fire departments; South Carolina, Mr. OXLEY, Mr. pressing the sense of the Congress that pri- to the Committee on Armed Services, and in GREENWOOD, Mr. ENGLISH, Ms. JACK- vate health insurance companies should take addition to the Committee on Agriculture, SON-LEE of Texas, Mr. BILIRAKIS, Mr. a proactive role in promoting healthy life- for a period to be subsequently determined GILLMOR, Mr. WALDEN of Oregon, Mr. styles, and for other purposes; to the Com- by the Speaker, in each case for consider- SHAYS, Mr. SHERWOOD, Mr. OSBORNE, mittee on Energy and Commerce. ation of such provisions as fall within the ju- Mr. MORAN of Kansas, Mr. HEFLEY, By Mr. SMITH of Texas (for himself risdiction of the committee concerned. Mr. FRELINGHUYSEN, Mr. RYUN of and Mr. CHABOT): By Mr. SENSENBRENNER (for him- Kansas, Mr. BOEHNER, Mr. FERGUSON, H. Con. Res. 475. Concurrent resolution rec- self, Mr. SMITH of Texas, and Mr. Mr. BRADY of Texas, Mr. COX, Mr. ognizing and celebrating the origin and pur- GEKAS): DEMINT, Mr. CANNON, Mr. GREEN of poses of Constitution Week; to the Com- H.R. 5422. A bill to prevent child abduction, Texas, Mr. BASS, Mr. PETERSON of mittee on the Judiciary. and for other purposes; to the Committee on Pennsylvania, Mr. THUNE, Mr. HOEK- By Mr. WELDON of Pennsylvania (for the Judiciary, and in addition to the Com- STRA, Mr. LUCAS of Oklahoma, Mr. himself, Mr. HOYER, Mr. SMITH of mittees on Transportation and Infrastruc- LOBIONDO, Mr. HANSEN, Mr. SHUSTER, Michigan, Mr. ANDREWS, Mr. ED- ture, Armed Services, and Education and the Mr. THOMAS, Mr. HOUGHTON, Mr. WARDS, Mr. BOEHLERT, and Mr. HALL Workforce, for a period to be subsequently JONES of North Carolina, Mr. SIM- of Texas): determined by the Speaker, in each case for MONS, Mr. BONIOR, Mr. OBEY, Mr. H. Con. Res. 476. Concurrent resolution ex- consideration of such provisions as fall with- HASTERT, Mr. WELDON of Pennsyl- pressing support for the goals and ideas of a in the jurisdiction of the committee con- vania, Mr. GOSS, Mr. PAUL, Mr. day of tribute to all firefighters who have cerned. HULSHOF, Mr. HONDA, Mr. ISRAEL, Mr. died in the line of duty and recognizing the By Mr. SHIMKUS (for himself, Mr. CARSON of Oklahoma, Mr. DAVIS of Il- important mission of the National Fallen JOHNSON of Illinois, and Mr. linois, Mr. UDALL of Colorado, Mr. Firefighters Foundation in assisting family HOSTETTLER): MICA, Mr. BLUNT, Mr. TAYLOR of Mis- members to overcome the loss of their fallen H.R. 5423. A bill to provide for the annual sissippi, Mr. ALLEN, Mr. TIBERI, Mr. heroes; to the Committee on Science. audit of the White County Bridge Commis- KIRK, Mr. EHLERS, Mr. FLAKE, Ms. By Mr. EHRLICH (for himself, Mr. sion, for the New Harmony Bridge over the GRANGER, Mr. PITTS, Mr. MOORE, Mr. CARDIN, Mrs. MORELLA, Mr. Wabash River, Indiana and Illinois, for the STRICKLAND, Mr. EVANS, Mr. HALL of CUMMINGS, Mr. GILCHREST, Mr. BART- filling of vacancies in the membership there- Texas, Mr. BENTSEN, Mr. ORTIZ, Mr. LETT of Maryland, Mr. OSBORNE, Mr. of, and for other purposes; to the Committee MALONEY of Connecticut, Mr. SHER- WATTS of Oklahoma, Mrs. NORTHUP, on Transportation and Infrastructure. MAN, Ms. LOFGREN, Mr. SCOTT, Ms. and Mr. COYNE): By Mr. SMITH of Washington (for him- HARMAN, Mr. BOEHLERT, Ms. PELOSI, H. Res. 538. A resolution Honoring Johnny self, Mr. GEKAS, Mr. CONYERS, and Mrs. CAPITO, Mrs. BIGGERT, Mr. Unitas and extending condolences to his fam- Ms. HARMAN): DELAY, Mr. DINGELL, Mr. SAWYER, ily on his passing; to the Committee on Gov- H.R. 5424. A bill to prevent the crime of Mr. KILDEE, Mr. LAMPSON, Mr. GON- ernment Reform. identity theft, mitigate the harm to individ- ZALEZ, Mr. LUTHER, Ms. ESHOO, Ms. By Mr. HAYES (for himself, Mr. uals victimized by identity theft, and for SANCHEZ, Mr. HOLT, Mr. WAXMAN, Mr. FORBES, Mr. HASTERT, Mr. SHAW, Mr. other purposes; to the Committee on the Ju- MARKEY, Mr. ABERCROMBIE, Mr. PITTS, Mr. GIBBONS, Mr. AKIN, Mr. diciary, and in addition to the Committee on GANSKE, Mr. KINGSTON, Mr. HYDE, BALLENGER, Mr. BARR of Georgia, Mr. Financial Services, for a period to be subse- Mrs. CAPPS, Mr. YOUNG of Alaska, BOEHNER, Mr. BONILLA, Mrs. BONO, quently determined by the Speaker, in each Mrs. DAVIS of California, Mr. Mr. BOOZMAN, Mr. BRADY of Texas, case for consideration of such provisions as MCDERMOTT, Mr. INSLEE, Ms. KIL- Mr. BROWN of South Carolina, Mr.

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CAMP, Mr. CANTOR, Mr. CHAMBLISS, By Mr. REYES: H.R. 3710: Mr. GANSKE. Mr. CRENSHAW, Mrs. CUBIN, Mr. H. Res. 541. A resolution recognizing the H.R. 3713: Mr. WICKER. CUNNINGHAM, Mr. TOM DAVIS of Vir- Reserve Forces Policy Board on its 50th an- H.R. 3741: Mr. WAMP and Ms. LOFGREN. ginia, Mr. DELAY, Mr. DIAZ-BALART, niversary; to the Committee on Armed Serv- H.R. 3794: Mr. ROGERS of Michigan. Mr. DUNCAN, Ms. DUNN, Mr. ENGLISH, ices. H.R. 3831: Mr. HALL of Texas. Mr. EVERETT, Mr. FLETCHER, Mr. By Mr. WICKER (for himself, Mr. H.R. 3974: Ms. CARSON of Indiana, Mr. FOLEY, Mr. FRELINGHUYSEN, Mr. THOMPSON of Mississippi, Mr. SHOWS, FORD, Mr. PAYNE, and Mr. CARDIN. GEKAS, Mr. GRAVES, Mr. GRUCCI, Ms. Mr. PICKERING, and Mr. TAYLOR of H.R. 4170: Mr. DEMINT. HART, Mr. HAYWORTH, Mr. HOBSON, Mississippi): H.R. 4216: Mr. DEMINT. Mr. ISSA, Mr. JENKINS, Mr. KENNEDY H. Res. 542. A resolution congratulating H.R. 4219: Mr. DEMINT. of Minnesota, Mr. KINGSTON, Mr. the Bryan Packers American Legion baseball H.R. 4220: Mr. DEMINT. H.R. 4221: Mr. DEMINT. LATOURETTE, Mr. LEWIS of Kentucky, team from West Point, Mississippi, for their H.R. 4235: Mr. PHELPS. Mr. MCINNIS, Mr. DAN MILLER of outstanding performance in winning the 2002 H.R. 4600: Mr. FRELINGHUYSEN and Mr. Florida, Mr. JEFF MILLER of Florida, American Legion World Series; to the Com- BRADY OF TEXAS. Mrs. NORTHUP, Mr. NORWOOD, Mr. mittee on Government Reform. H.R. 4650: Mr. UDALL of Colorado. PENCE, Mr. PHELPS, Ms. PRYCE of f H.R. 4653: Mr. LATOURETTE, Mr. REGULA, Ohio, Mr. PUTNAM, Mr. REYNOLDS, Ms. PRYCE of Ohio, Mr. WILSON of South Mr. ROYCE, Mr. RYAN of Wisconsin, ADDITIONAL SPONSORS Carolina, and Ms. ESHOO. Mr. SCHAFFER, Mr. SCHROCK, Mr. SES- H.R. 4683: Mr. HOEFFEL. SIONS, Mr. SHADEGG, Mr. SHAYS, Mr. Under clause 7 of rule XII, sponsors H.R. 4691: Mr. DELAY, Mr. BACHUS, Mr. SHIMKUS, Mr. SHOWS, Mr. SIMMONS, were added to public bills and resolu- KELLER, Mr. SHADEGG, Mr. BLUNT, Mr. SHU- Mr. TANCREDO, Mr. TAUZIN, Mr. tions as follows: STER, and Mr. ADERHOLT. ERRY HUNE PTON T , Mr. T , Mr. U , Mr. H.R. 17: Ms. VELAZQUEZ. H.R. 4693: Mr. GRUCCI. VITTER, Mr. WATKINS, Mr. WATTS of H.R. 325: Mr. RAMSTAD. H.R. 4715: Mr. KUCINICH. Oklahoma, Mrs. WILSON of New Mex- H.R. 348: Mr. LIPINSKI. H.R. 4720: Mr. BERRY and Ms. BALDWIN. ico, Mr. WILSON of South Carolina, H.R. 709: Mr. FROST and Mr. MCNULTY. H.R. 4738: Mr. SCOTT, Mr. JOHN, and Mr. and Mr. WOLF): H.R. 832: Mr. GOODE. CANTOR. H. Res. 539. A resolution expressing the H.R. 840: Mr. BOYD, MR. FORD, Ms. SLAUGH- H.R. 4777: Mr. FOSSELLA. sense of the House of Representatives that TER, Mr. FATTAH, Ms. LOFGREN, and Mr. H.R. 4780: Mr. TOWNS, Mr. MCNULTY, Mr. Congress should complete action on H.R. 7, GRUCCI. BORSKI, Mr. OLVER, and Ms. ROYBAL-ALLARD. the Community Solutions Act of 2001; to the H.R. 848: Mr. GREEN of Texas. H.R. 4799: Mr. ACKERMAN and Ms. MCCOL- Committee on Ways and Means, and in addi- H.R. 853: Mr. FRANK. LUM. tion to the Committee on the Judiciary, for H.R. 854: Mr. OWENS, Mr. NADLER, Ms. H.R. 4803: Ms. MCCOLLUM, and Ms. BERK- a period to be subsequently determined by GRANGER, Mr. HILLIARD, and Mr. TOWNS. LEY. the Speaker, in each case for consideration H.R. 898: Mr. INSLEE and Ms. BERKLEY. H.R. 4834: Mr. CROWLEY, and Mr. DOYLE. of such provisions as fall within the jurisdic- H.R. 951: Mrs. EMERSON, Mr. DOOLITTLE, H.R. 4843: Mr. HYDE, Mr. TIAHRT, Mr. LIN- tion of the committee concerned. and Mr. DUNCAN. DER, Mr. HILLIARD, and Mrs. CLAYTON. By Mr. PICKERING (for himself, Mr. H.R. 1080: Mr. GREEN of Wisconsin. H.R. 4904: Mr. BERMAN. SULLIVAN, Mr. HASTERT, Mr. SHAW, H.R. 1090: Mr. HOSTETTLER. H.R. 4937: Mr. CLYBURN and Mr. BENTSEN. Mr. PITTS, Mr. GIBBONS, Mr. FORBES, H.R. 1162: Mr. HOLT. H.R. 4979: Ms. ESHOO, Ms. NORTON, Mr. Mr. BOEHNER, Mr. BAKER, Mr. PUT- H.R. 1322: Mr. BOUCHER. RANGEL, Mr. FROST, and Mr. ROHRABACHER. NAM, Mr. KINGSTON, Ms. PRYCE of H.R. 1421: Mr. GRUCCI. H.R. 5035: Mr. TANNER. Ohio, Mr. BEREUTER, Mr. FLETCHER, H.R. 1520: Ms. DUNN, Mr. JONES of North H.R. 5079: Ms. SLAUGHTER, Ms. DELAURO, Mr. HAYWORTH, Mr. TAUZIN, Mr. Carolina, Mr. SWEENEY, Mr. SERRANO, Mr. Mr. ANDREWS, Mr. RANGEL, and Ms. MCCOL- MCINNIS, Mr. CAMP, Mrs. BIGGERT, FLETCHER, Mr. RAMSTAD, Mr. BOSWELL, Mr. LUM. H.R. 5085: Mr. LEACH, Ms. MCCOLLUM, Mr. Mr. SIMMONS, Ms. DUNN, Mr. PENCE, POMBO, Ms. BERKLEY, Mr. DICKS, and Mrs. BACHUS, and Ms. BERKLEY. Mr. ROGERS of Michigan, Mr. OTTER, CAPITO. H.R. 5089: Mr. BONIOR. Mr. DUNCAN, Mr. CUNNINGHAM, Mrs. H.R. 1642: Mr. MARKEY. H.R. 5119: Mr. WALDEN of Oregon and Mr. ROUKEMA, Mr. CANTOR, Mr. SESSIONS, H.R. 1774: Mr. SCHROCK. GOODE. Mrs. CUBIN, Mrs. WILSON of New Mex- H.R. 1786: Mr. WALSH and Mr. BARTLETT of H.R. 5153: Mr. LOBIONDO, Mr. HOLT, and Mr. ico, Mr. NORWOOD, Mr. GRUCCI, Mr. Maryland. PAYNE. WOLF, Mr. MCKEON, Mr. BROWN of H.R. 1918: Mr. TOM DAVIS of Virginia, Ms. H.R. 5159: Mr. MORAN of Virginia. South Carolina, Mrs. NORTHUP, Mr. KILPATRICK, Mr. OLVER, and Mr. MCGOVERN. H.R. 5163: Mr. KOLBE. WATKINS, Mr. GREENWOOD, Mr. H.R. 1987: Mr. JOHN. H.R. 5174: Mr. FRANK and Mr. FROST. VITTER, Mr. FOLEY, Mr. SUNUNU, Mr. H.R. 2125: Mr. MORAN of Kansas and Mr. H.R. 5187: Mr. ANDREWS. SCHAFFER, Mr. BALLENGER, Mr. BERMAN. H.R. 5196: Mr. GOODE. WATTS of Oklahoma, Mrs. BONO, Mr. H.R. 2163: Mr. FRANK, Ms. SANCHEZ, Mr. H.R. 5213: Mr. RANGEL, Ms. BROWN of Flor- TOM DAVIS of Virginia, Mr. BARR of HOLDEN, and Ms. PELOSI. ida, and Mr. MCGOVERN. Georgia, Mr. BONILLA, Mr. H.R. 2220: Mr. ETHERIDGE. H.R. 5234: Mr. STRICKLAND, Mr. BERRY, Mr. LATOURETTE, Mr. JENKINS, Mr. DAN H.R. 2265: Mr. TANCREDO. PALLONE, Mr. FRANK, Mr. GREEN of Texas, MILLER of Florida, Mr. AKIN, Mr. H.R. 2349: Mr. HALL of Texas. Mr. GOODE, Mr. MCHUGH, and Ms. HOBSON, Mr. BOOZMAN, Mr. SHADEGG, H.R. 2442: Mr. LAHOOD. SCHAKOWSKY. Mr. GEKAS, Mr. ISSA, Mr. EVERETT, H.R. 2570: Ms. DEGETTE. H.R. 5250: Mr. KANJORSKI, Mr. PICKERING, Mr. FOSSELLA, Mr. SCHROCK, Mr. H.R. 2573: Mr. SMITH of Michigan. Mr. EDWARDS, Mr. SIMMONS, and Mr. LAHOOD. PETRI, Mr. ROYCE, Mr. FRELING- H.R. 2578: Ms. MILLENDER-MCDONALD, Mrs. H.R. 5257: Mr. SOUDER. HUYSEN, Mr. SHIMKUS, Mr. ENGLISH, NAPOLITANO, Mr. DOOLITTLE, Mr. GALLEGLY, H.R. 5268: Ms. BERKLEY and Mr. FILNER. Mr. CHAMBLISS, Mr. TERRY, Mr. RYAN Mr. DREIR, Mr. THOMPSON of California, Ms. H.R. 5280: Mr. PETERSON of Pennsylvania, of Wisconsin, Mr. BOEHLERT, Mr. ESHOO, Mr. ROYCE, Mr. GARY G. MILLER of and Mr. KANJORSKI. UPTON, Ms. HART, Mr. THUNE, Mr. California, Mr. COX, Mr. ISSA, Mr. HUNTER, H.R. 5293: Ms. ESHOO, Mr. PRICE of North HASTINGS of Washington, Mr. BRADY and Mr. THOMAS. Carolina, Mr. STARK, Mr. SIMMONS, and Mr. of Texas, Mr. KENNEDY of Minnesota, H.R. 2691: Mr. LIPINSKI. WAXMAN. Mr. SOUDER, Mr. SHAYS, Mr. HAYES, H.R. 2735: Mr. GREENWOOD, Mr. WELDON of H.R. 5299: Mr. PRICE of North Carolina Mr. GRAVES, Mr. LEWIS of Kentucky, Florida, and Mrs. JO ANN DAVIS of Virginia. H.R. 5310: Mr. EDWARDS and Mr. MCINTYRE. Mr. WILSON of South Carolina, Mr. H.R. 2763: Mr. TIAHRT. H.R. 5311: Mr. BARCIA and Mr. STENHOLM. REYNOLDS, Mr. JEFF MILLER of Flor- H.R. 2820: Ms. BERKLEY. H.R. 5316: Mr. PETERSON of Pennsylvania ida, Mr. DELAY, and Mr. GOODE): H.R. 2829: Mr. WICKER. and Mr. SOUDER. H. Res. 540. A resolution expressing the H.R. 2874: Mr. OLVER, Mrs. JOHNSON of Con- H.R. 5317: Mr. SULLIVAN. sense of the House of Representatives that necticut, and Mr. SOUDER. H.R. 5319: Mr. SESSIONS. Congress should complete action on H.R. H.R. 3107: Mr. SHOWS, Mr. SMITH of New H.R. 5326: Mr. PASCRELL, Ms. BROWN of 3762, the Pension Security Act of 2002; to the Jersey, Mr. WAMP, Mr. LYNCH, Mr. LIPINSKI, Florida, Mr. BROWN of Ohio, Mr. BONIOR, Mr. Committee on Education and the Workforce, and Mr. ENGLISH. WAXMAN, Mr. LEWIS of California, and Ms. and in addition to the Committees on Ways H.R. 3193: Ms. DEGETTE. ESHOO. and Means, and Financial Services, for a pe- H.R. 3414: Mr. INSLEE and Ms. WATSON. H.R. 5339: Ms. MYRICK and Mr. ROYCE. riod to be subsequently determined by the H.R. 3491: Mr. CANTOR. H.R. 5340: Ms. BERKLEY, Mr. DREIER, Mr. Speaker, in each case for consideration of H.R. 3567: Mr. DIAZ-BALART and Mr. COX, Mr. HERGER, and Mr. RADANOVICH. such provisions as fall within the jurisdic- EHLERS. H.R. 5358: Mr. MEEKS of New York, Ms. tion of the committee concerned. H.R. 3585: Ms. BERKLEY. MCCOLLUM, Ms. DEGETTE, and Mr. HILLIARD.

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H.R. 5359: Mr. MCGOVERN, Ms. KAPTUR, Mr. H. Res. 429: Mr. HASTINGS of Florida, Mr. liam D. Delahunt, Lane Evans, Bennie G. FRANK, and Mr. BERRY. TOOMEY, Mr. LEACH, Mr. HORN, Mr. SCHROCK, Thompson, Patrick J. Kennedy, Steny H. H.R. 5376: Mr. SIMPSON, Mr. OTTER, Mr. Mr. FILNER, Mr. KILDEE, Mr. POMBO, Ms. Hoyer, Steve Israel, Peter A. DeFazio, James COOKSEY, Mr. PICKERING, Mr. BOEHNER, Mrs. HARMAN, Mr. ETHERIDGE, Mrs. MCCARTHY of P. McGovern, Thomas H. Allen, John Lewis, CUBIN, Mr. GIBBONS, Mr. HERGER, Mr. DOO- New York, Mr. VISCLOSKY, Mr. MCNULTY, James R. Langevin, Jane Harman, Robert T. LITTLE, Mr. POMBO, Mr. TURNER, Mr. NOR- Mrs. JONES of Ohio, Mr. HAYWORTH, Mr. Matsui, Edolphus Towns, Robert E. Andrews, WOOD, Mr. HAYWORTH, Mr. LAHOOD, Mr. BROWN of South Carolina, Mr. HALL of Texas, Fortney Pete Stark, Lynn C. Woolsey, Rob- REHBERG, Mr. TOM DAVIS of Virginia, Mr. Mr. COYNE, Ms. ROS-LEHTINEN, Mr. WALSH, ert Wexler, Lloyd Doggett, Sam Farr, John GALLEGLY, Mr. CANNON, Mr. TANCREDO, and Mr. GARY G. MILLER of California, Mr. PAS- F. Tierney, Grace F. Napolitano, Bobby L. Mr. DUNCAN. TOR, Mr. PLATTS, and Ms. CARSON of Indiana. Rush, Charles B. Rangel, Donald M. Payne, H.R. 5378: Mr. FARR of California. H. Res. 485: Ms. BERKLEY. H.R. 5383: Mr. REHBERG, Mr. BOSWELL, Mr. Sanford D. Bishop, Jr., Sander M. Levin, f HINCHEY, Mr. LATOURETTE, Mr. SKELTON, and Carrie P. Meek, Alcee L. Hastings, Alan B. Mr. HALL of Texas. DISCHARGE PETITIONS Mollohan, Max Sandlin, Gregory W. Meeks, H.R. 5387: Mr. WAXMAN. Carolyn C. Kilpatrick, James P. Moran, Tim H.R. 5397: Mrs. MCCARTHY of New York, Under clause 2 of rule XV, the fol- Holden, Tom Lantos, Brad Sherman, Dale E. Mrs. CLAYTON, Mrs. MORELLA, Mr. SIMMONS, lowing discharge petition was filed: Kildee, Stephanie Tubbs Jones, Nancy and Ms. PRYCE of Ohio. Petition 11. September 19, 2002, by Mrs. Pelosi, Rosa L. DeLauro, Ronnie Shows, Rob- H.J. Res. 108: Mr. SHADEGG and Mr. ARMEY. THURMAN of House Resolution 517, was ert E. (Bud) Cramer, Jr., Earl F. Hilliard, H. Con. Res. 20: Ms. MCCOLLUM. signed by the following Members: Karen L. H. Con. Res. 221: Mr. FRANK, Mr. COSTELLO, Elijah E. Cummings, Tom Sawyer, Edward J. Thurman, Frank Pallone, Jr., Nita M. Mr. DOYLE, Mr. FALEOMAVAEGA, Mr. MOORE, Markey, Ted Strickland, Carolyn B. Lowey, Janice D. Schakowsky, Jim Turner, and Mr. ENGLISH. Maloney, Michael R. McNulty, James L. Nick Lampson, John Elias Baldacci, Jim H. Con. Res. 297: Mr. BECERRA, Mr. PASTOR, Oberstar, Betty McCollum, Jesse L. Jackson, McDermott, Carolyn McCarthy, Albert Rus- Mr. EHRLICH, Mr. HONDA, Mr. SHERMAN, Mr. Jr., Gerald D. Kleczka, Bart Gordon, Leonard sell Wynn, Diane E. Watson, Maurice D. Hin- ENGLISH, Mr. TOWNS, Ms. LOFGREN, Mr. ACK- L. Boswell, Jerry F. Costello, Charles A. chey, Shelley Berkley, Joseph Crowley, Tom ERMAN, and Ms. SCHAKOWSKY. Gonzalez, Ike Skelton, Bob Filner, Chet Ed- Udall, Paul E. Kanjorski, Jerrold Nadler, H. Con. Res. 351: Mr. KING, Mr. HOLT, and wards, Peter Deutsch, Diana DeGette, Gary Danny K. Davis, Gene Green, Lois Capps, Ms. LOFGREN. David E. Bonior, Major R. Owens, Karen L. Ackerman, Earl Blumenauer, Robert C. H. Con. Res. 359: Mr. PAUL. Scott, Marcy Kaptur, Tammy Baldwin, Brad H. Con. Res. 406: Mr. GUTKNECHT. McCarthy, John W. Olver, Louise McIntosh Carson, Nick J. Rahall II, Mike Ross, Martin H. Con. Res. 458: Mr. MARKEY, Mr. MCNUL- Slaughter, David D. Phelps, Sherrod Brown, Olav Sabo, John M. Spratt, Jr., Martin TY, Mr. OLVER, and Mr. FROST. Ciro D. Rodriguez, Hilda L. Solis, Lucille H. Con. Res. 462: Mr. BROWN of Ohio, Mr. Roybal-Allard, Ruben Hinojosa, Jose E. Frost, Brian Baird, James E. Clyburn, Loret- FILNER, Mr. SANDLIN, Mr. FROST, Mr. MATHE- Serrano, Martin T. Meehan, Eva M. Clayton, ta Sanchez, Sheila Jackson-Lee, Luis V. SON, and Ms. MCCOLLUM. Juanita Millender-McDonald, Barney Frank, Gutierrez, Marion Berry, John Conyers, Jr., H. Con. Res. 468: Mr. BISHOP, Mrs. MALONEY Mike Thompson, Barbara Lee, Thomas M. Gene Taylor, Bernard Sanders, Ed Pastor, of New York, Mr. COYNE, and Mr. BONIOR. Barrett, Vic Snyder, Adam B. Schiff, Wil- Maxine Waters, and Neil Abercrombie.

VerDate Sep 04 2002 00:29 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A19SE7.035 H19PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, THURSDAY, SEPTEMBER 19, 2002 No. 119 Senate The Senate met at 10 a.m. and was ble themselves and pray and seek Your RECOGNITION OF THE ACTING called to order by the Honorable HIL- face and turn from their wicked ways, MAJORITY LEADER LARY RODHAM CLINTON, a Senator from You would hear our prayer; that You The ACTING PRESIDENT pro tem- the State of New York. would forgive our sin; that You would pore. The Senator from Nevada. The PRESIDING OFFICER. The Sen- heal our land. f ate is very pleased today to have as our So, sovereign Lord, we ask, please, guest Chaplain Mrs. Anne Graham God of the universe, God of Abraham, SCHEDULE Lotz, AnGeL Ministries, Raleigh, NC, Isaac, and Jacob, Father of Jesus Mr. REID. Madam President, I know who will lead the Senate in prayer. Christ, we humbly ask that as we re- Senator HELMS wishes to address the pent of our sin, You would hear our Senate, and we will make arrange- PRAYER prayer; that You would forgive; that ments for that in just a minute. The guest Chaplain offered the fol- You would heal our land. We pray this The first hour and a half is equally lowing prayer: for the glory of Your name. And we ask divided between the two parties, with Would you pray with me, please. these things in the name of Your son the first 15 minutes under my control. Our father, we bow before You and we and our saviour, Jesus Christ, who, So I ask unanimous consent that Sen- acknowledge You as the one true living through his own shed blood on the ator HELMS be recognized for up to 4 God. In the darkness, You are our cross, offers us forgiveness of our sin minutes, and that following that, when light. In a time of despair, You are our and reconciliation with You. the bill is called forward, I would yield hope. And in time of grief, You are our It is in the name of Jesus Christ that my time, my 15 minutes, to Senator comfort. At this time of war, You are we pray. Amen. BOXER. I ask unanimous consent that our peace. f the 4 minutes Senator HELMS uses be In the words of the prophet Daniel: PLEDGE OF ALLEGIANCE taken off the time of the minority. We come to You as the great and awe- The ACTING PRESIDENT pro tem- The PRESIDING OFFICER led the some God, one who keeps His covenant pore. Without objection, it is so or- Pledge of Allegiance, as follows: of love with generations, with those dered. I pledge allegiance to the Flag of the who love Him and obey Him. And we Mr. REID. At 11:30, we are going to come to You, O God, and we acknowl- United States of America, and to the Repub- lic for which it stands, one Nation under resume consideration of the Homeland edge that You are righteous, but we are God, indivisible, with liberty and justice for Security Act, and there will be an hour wrong. We have done so many wrong all. of debate on that matter before the clo- things because we are sinners. And yet f ture vote. We will vote at approxi- You are merciful and forgiving. We mately 12:30. Members have until 12 have been wicked. We have turned APPOINTMENT OF ACTING noon today to file second-degree away from Your laws and decrees. We PRESIDENT PRO TEMPORE amendments to the Lieberman sub- have not listened to Your prophets who The PRESIDING OFFICER. The stitute amendment. spoke in Your name. clerk will please read a communication The ACTING PRESIDENT pro tem- Yet, Lord, we come to You now to the Senate from the President pro pore. The Senator from North Carolina. pleading for Your mercy. We ask that tempore (Mr. BYRD). Mr. HELMS. Madam President, I ask You hear the prayers and petitions of The legislative clerk read the fol- unanimous consent that it be in order Your servants, not because we are lowing letter: for me to make my remarks seated at righteous but because You are merciful U.S. SENATE, my desk. and forgiving. We plead for Your PRESIDENT PRO TEMPORE, The ACTING PRESIDENT pro tem- mercy. Washington, DC, September 19, 2002. pore. Without objection, it is so or- Dear God, please hear our prayer. As To the Senate: dered. we pray, forgive us our sin. We pray, Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby f God, bless America. And we ask this appoint the Honorable HILLARY RODHAM THE GUEST CHAPLAIN claiming the promise in II Chronicles, CLINTON, a Senator from the State of New chapter 7, when You have said that a York, to perform the duties of the Chair. Mr. HELMS. Madam President, dur- Nation who is identified with You, ROBERT C. BYRD, ing my almost 30 years in the Senate, whether they are shaken economically President pro tempore. I have been honored to welcome dozens or financially or personally or nation- Mrs. CLINTON thereupon assumed of remarkably gifted guest Chaplains. ally or militarily, that if that Nation the Chair as Acting President pro tem- Today’s guest Chaplain, Anne Graham that is identified with You would hum- pore. Lotz, of Raleigh, NC, my hometown, is

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

S8871

VerDate Sep 04 2002 07:12 Sep 20, 2002 Jkt 099061 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.000 S19PT1 S8872 CONGRESSIONAL RECORD — SENATE September 19, 2002 one of North Carolina’s most distin- late Senator HELMS for inviting her to Among other things, the fire plan guished citizens and one of America’s be our guest Chaplain. clearly indicates that priorities should most beloved evangelists who, for more f be given to the clearance of brush, un- than 25 years, has been taking the good dergrowth, near communities and news of Jesus Christ across the United RESERVATION OF LEADER TIME homes. The fire plan clearly says the States and to many foreign countries. The ACTING PRESIDENT pro tem- most important way to stop the dam- Of course, she is the daughter of the pore. Under the previous order, the age to the people and to their property remarkable two people, Billy and Ruth leadership time is reserved. is to clear the undergrowth near communities and homes. Graham. And this remarkable lady has f preached the gospel to hundreds of Consensus emerged around the idea thousands of Americans, filling up DEPARTMENT OF THE INTERIOR that, yes, there would have to be some large civic arenas in countless major AND RELATED AGENCIES APPRO- thinning of trees and clearing of brush U.S. cities as well. PRIATIONS ACT, 2003 but not clearing of the old-growth Anne Graham Lotz has addressed the The ACTING PRESIDENT pro tem- trees, which actually take a very long United Nations General Assembly in pore. Under the previous order, the time to burn and are important to keep New York. She represented her distin- Senate will now resume consideration in our forests. We thought we had an agreement guished father at Amsterdam 2000, the of H.R. 5093, which the clerk will re- with this administration. Yet recent largest gathering of evangelists in his- port. GAO reports indicate the USDA and tory. The assistant legislative clerk read Anne Graham Lotz is a leader of Just the Department of the Interior have as follows: been ineffective and inefficient in im- Give Me Jesus, which is making a na- A bill (H.R. 5093) making appropriations plementing that fire plan. tionwide tour to spark a spiritual re- for the Department of the Interior and re- So what has happened? We have an vival. This past April, Anne’s tour lated agencies for the fiscal year ending Sep- ineffective and inefficient situation tember 30, 2003, and for other purposes. came to Raleigh where more than happening in the Department of the In- 26,000 people packed our city’s largest Pending: terior and the USDA, and we have out- arena for 2 days of singing and praying Byrd Amendment No. 4472, in the nature of of-control fires. Well, Senators CRAIG and teaching, led by—who else?—Anne a substitute. and DOMENICI have come forward with Graham Lotz. Byrd Amendment No. 4480 (to Amendment what they say is a solution. What is it? Anne is the final guest Chaplain No. 4472), to provide funds to repay accounts Let’s be clear. whom Dot Helms and I will have the from which funds were borrowed for emer- Their amendment proposes to waive gency wildfire suppression. privilege of hosting. That is appro- the National Environmental Planning priate because Dot’s and my family Craig/Domenici Amendment No. 4518 (to Amendment No. 4480), to reduce hazardous Act, known as NEPA, which is a crit- have known and loved her and her fuels on our national forests. ical law in the Nation, and they would great family for a long time. Dodd Amendment No. 4522 (to Amendment limit the public’s ability to challenge The first time I heard Anne’s blessed No. 4472), to prohibit the expenditure of agency decisions and restrict what we father, Billy Graham, was in 1951. At funds to recognize Indian tribes and tribal call judicial review. In other words, a that time, I was administrative assist- nations until the date of implementation of judge would no longer be able to take a ant to a distinguished Senator from certain administrative procedures. look at what is happening and inter- North Carolina, the late Willis Smith. Byrd/Stevens Amendment No. 4532 (to Amendment No. 4472), to provide for critical vene, which is a very important part of Billy preached just steps from this our balance of powers. If Senator BYRD Chamber on the East Front of the Cap- emergency supplemental appropriations. The ACTING PRESIDENT pro tem- were here, he would no doubt hold up itol, and I had read in the Washington the Constitution. The judicial branch Sunday morning paper that he was to pore. Under the previous order, the first 15 minutes shall be under the con- is very important and the Craig- be here. And I said: Mercy, I don’t be- Domenici amendment would essen- lieve he will have anybody here. I am trol of the Senator from Nevada or his designee. tially weaken that leg of our Govern- going over there and make sure that ment in order to allow for the cutting one North Carolinian joins him. Well, The Senator from California is recognized. of precious old-growth trees. Madam President, there was standing So the approach of the Craig-Domen- Mrs. BOXER. Madam President, I room only from the doors of the Cap- ici amendment, and the reason I am rise today to speak to the issue of fire itol all the way to the Supreme Court. here—and I see my colleague from suppression in our beautiful national Anne is joined today by her husband, Washington and I assume she is here to Dr. Danny Lotz, who was a star basket- forests, an issue that concerns every speak on the same issue, so I will be ball player during his years at the Uni- American because those are our for- brief. The approach gives the agencies versity of North Carolina at Chapel ests, and the policy that we follow complete discretion to engage in Hill. must be a balanced and good policy to thinning and salvage logging at will. Their two daughters, Rachel-Ruth make sure we preserve that incredible To me, this is a recipe for disaster. The and Morrow, are with us this morning God-given resource. Many people heard waiver of environmental safeguards along with their husbands, Steven the prayer today, and we think about and elimination of judicial review are Wright and Traynor Reitmeier, and the spiritual needs and we think about not steps to be taken lightly, and I be- Anne’s granddaughter, Bell. our obligations. I believe one spiritual lieve there is no justification for it be- So, Madam President, Anne Graham obligation we have is to preserve in cause they are not the source of the Lotz is herself an integral part of Billy this country the wonder and beauty problem. Graham’s remarkable legacy, and it is that God gave us. There is actually evidence to the con- my honor to have presented her to the Madam President, like many of my trary. In a recent letter to Senator United States Senate this morning. colleagues, I have watched with frus- CRAIG, the GAO determined that only 1 I yield the floor. tration and anger and sorrow as mil- percent of hazardous fuel reduction Mr. NICKLES. Madam President, I lions of acres of forests have been de- projects were appealed in 2001 and none wish to welcome our guest Chaplain stroyed each year by catastrophic had been litigated. GAO found that the today, along with Senator HELMS. I am wildfires. This year the fire season has list of appellants not only included very proud that she would be our guest been particularly severe in my State of conservation groups, which have been Chaplain. Her father is a friend of all of California, as well as in a number of attacked here as being radical in some ours and received the well deserved Western States, such as Arizona and way for exercising the rights that citi- congressional gold medal. It is obvious New Mexico. zens have, but GAO found that the by listening to Anne Graham Lotz that After an extremely destructive fire other appellants were recreation she possesses that same great char- season in 2000, the Departments of Ag- groups, industry interests, and individ- acter, inspiration, and leadership as a riculture and Interior took the prom- uals. preacher as well. I welcome her to the ising step of developing what is now re- If you see a project is destroying our Senate and compliment and congratu- ferred to as a National Forest Plan. forests, that road should not be closed

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.004 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8873 off to our citizens. The GAO finding stroyed, you are limited in your judi- I want to show a picture of a Forest confirmed for me that our environ- cial access. Service ‘‘thinning.’’ What’s left is a few mental laws, the appeals process, pub- There is a great deal of scientific evi- trees and absolutely nothing on the lic participation, and judicial review dence that thinning and clearing ac- ground. The area looks like a tree or- are not the source of the problem, nor tivities should be concentrated in the chard. While this may be good for the can we blame our forest woes on envi- areas immediately adjacent to commu- promotion of new timber stands, it ronmentalists. That isn’t the point. nities to protect those communities. hardly preserves any of the ecological The environmentalists are trying to do A recent study completed by the U.S. values normally associated with a nat- the right thing. Forest Service’s Fire Sciences Labora- ural forest. I want to show you two charts of the tory in Montana found that the only The reality is that we have Federal burned forest area in Oregon that thinning that is needed to protect agencies implementing fire projects President Bush recently visited. The homes was within the ‘‘red zone’’ of 150 that make sense if the primary goal is President tried to simplify the issue to 200 feet around a building. increasing timber volume, but make no and suggest that areas that are thinned I wish to quote from the person who sense if the primary goal is reducing will not burn, and areas that are left is an expert in fire suppression, Jack the risk of fire while preserving the ec- alone will be subject to catastrophic Cohen. He said: ological integrity of our forests. fire. But that is simply not the case. Regardless of how intense the fire is, the Given the agencies’ apparent inabil- Here is a chart showing a thinned principal determinant is based on the home ity to overcome their timber bias, we and the exterior characteristics. area. Notice, there are no large trees would be guaranteeing a future filled left. This forest was burned to cinders. In terms of protecting houses and with fires if we gave them the broad There were no large trees there when other community structures, the im- discretion the Republican amendment the fire erupted. See how it looks. mediate vicinity is what is relevant. would allow. We need to have buffer zones around Here is a second chart showing an ad- What is needed is language that pro- communities so those communities are jacent area that wasn’t thinned, left in vides the agencies with specific guide- safe, and we need to protect the old- its natural state, and it did not burn at lines and priorities about where growth forests. Yes, we can thin the all. It did not burn at all because these thinning and salvage activities should underbrush. We must. We should. But large trees are very slow to burn. take place. we should not cut down the old-growth Madam President, I don’t suggest While we have been unable to reach trees. there is a simple answer to this com- Yet the Forest Service continues to agreement with our Republican col- plex problem, but we need to do a lot direct thinning activities to remote leagues on this matter, I am pleased more than just trash our environ- areas of our forests where the risk to that I have been able to work construc- mental laws and say people can no people and property is minimal. Less tively with my colleagues Senators longer go to the courts to protect this than 40 percent of the forest areas that DASCHLE, BINGAMAN, REID, and CANT- God-given resource. have been thinned are in the so-called WELL to craft an alternative proposal. In California, the Forest Service took wildland-urban interface, which is the This alternative will encourage ag- the time to do the necessary environ- buffer zone between communities and gressive and focused forest manage- mental reviews. They produced a plan forests. ment in the buffer zone areas between referred to as the Sierra Nevada There is also abundant scientific evi- communities and forests. This buffer Framework. We just received a letter dence that thinning should target zone, which is defined in the amend- from someone I believe you know, small diameter trees and underbrush to ment to be within one half mile of Madam President. Our secretary for most effectively reduce fire risk. community structures, is the area Natural Resources in California, Mary Aggressive logging of big fire-resist- where the Forest Service has said the Nichols, recently wrote in a letter to ant trees, while appealing to the tim- most aggressive thinning should be Secretary Veneman, the Secretary of ber industry, actually increases the done. Agriculture: risk of fire. The L.A. Times published a Such specificity will insure that the The framework— story yesterday, which I will submit Forest Service and BLM make the pro- Meaning our framework in Cali- for the RECORD, that explains this well. tection of Californians and others the fornia— In general, logging leaves behind high- highest priority. is the first landscape scale national forest ly flammable brush materials; it leads Because of the agencies’ propensity management plan that balances the need for to dense new growth that poses a fire to turn thinning and salvage projects fire risk reduction through fuel treatment hazard; and the removal of large trees into timber sales, this amendment also with environmental protection. cause soils to dry out, leading to in- directs the agencies to protect large The fuel reduction plan in that creased fire severity. trees and prohibit the development of framework has been agreed to by most A scientific assessment completed in new roads, which are generally associ- of the mainstream environmental the Sierra Nevada in 1996, for instance, ated with the removal of commercial groups. Why? Because it was done found that, ‘‘Timber harvest, through timber. thoughtfully and with full consider- its effects on forest structure, local It is unfortunate that we need to be ation of the environmental implica- microclimate and fuel accumulation, this prescriptive. However, as I have tion. has increased fire severity more than noted, there is good reason to be skep- Secretary Nichols of California goes any other human activity.’’ tical that the Forest Service and BLM on to explain that the President’s pro- Yet the Forest Service continues to can be left to their own devices. posal and efforts to undermine existing give high priority to thinning projects Without the public watching over environmental laws, which is exactly that involve large valuable trees. These them, and without any mechanism for what I believe the Craig amendment large trees are fire resistant—and challenging agency actions, the Repub- does, will only serve to polarize the de- therefore should be the last ones to be lican amendment will exacerbate the bate, she says, and it will unravel the removed. But repeatedly they are re- problem. The agencies will continue to good work that has happened in places moved because they are economically engage in senseless thinning and sal- such as California. valuable in commercial timber sales. vage logging in the middle of remote There are many people on the other In November 2001, the Inspector Gen- roadless areas—driven more by a thirst side of the aisle who talk a lot about eral at USDA completed an audit of the for commercial timber than by the States rights. Here is a State, my home Forest Service’s implementation of the need to protect homes and commu- State, that reveres its national forests National Fire Plan. The USDA audit nities. and wants to protect them. The State ‘‘questioned the propriety of using ap- To me, that is an intolerable out- of California will be undercut by this proximately $2.5 million of National come and it is the reason I oppose this amendment because the amendment Fire Plan Rehabilitation and Restora- proposal and have worked with others would say to our people in California: tion Program funds to prepare and ad- to craft an alternative. If you do not like what is happening, if minister projects involving commercial I conclude by saying we have seen you believe the forests are being de- timber sales.’’ some disastrous fires. We have to take

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.007 S19PT1 S8874 CONGRESSIONAL RECORD — SENATE September 19, 2002 action, but we know what we have to about how much work really needs to for reducing wild land fire risk to com- do. The studies have been done by the be done before we can come up with a munities and the environment which Forest Service, by many of our States, solid proposal. was issued in May, this strategy was and by the GAO. The Los Angeles That is why I am here to speak this the highest priority. Times sums it up very well. They did morning. I believe the amendment we We need to make sure we are treating an exhaustive study and came up with will offer today does not further the de- fires in communities that could be some conclusions. I will share those bate in the direction we need to go but most effective in protecting lives and with my colleagues, and then I will instead focuses on the controversial in protecting homes. yield to my friend for the rest of our issues of weakening our environmental The work done in a community in time. protection laws and limiting meaning- Roslyn, which is in my home State, I will quote from this article. There ful public participation. demonstrates that protecting our for- was an investigative reporter who went While I appreciate the sense of ur- ests has little to do with cutting big out to study the fires. It ran on Sep- gency that this year’s fire season has trees far away from homes but, rather, tember 17: brought us—and I believe the fire sea- treating areas adjacent to commu- The Bush administration’s timber-cutting sons in last several years have made all nities. prescription for the West’s wildfire epidemic of us anxious—I believe the reasonable Now that is not to say we do not have runs counter to the record of the last half way of dealing with this situation is to look at fuel reduction and that fuel century, when large forest fires erupted on through the legislative committee reduction is not critically important in the heels of the heaviest logging ever con- process. other parts of our national forests, but ducted by the U.S. Fire Service. I applaud my colleagues who are on the key thing we have seen in this fire They had a chart in that newspaper. the Energy and Natural Resources season is the loss of homes and loss of They showed that where you save the Committee who have had much discus- areas that I think are the interfaces on old-growth trees, you save the forests, sion about this problem and are very which we need to focus. you save the communities. The facts anxious to take the Governors’ report The joint efforts of local citizens, the are in. Let’s not use this tragic, hor- that was done on the national fire plan local fire department, the Washington rible spate of wildfires as an excuse to and efforts to better implement it. We Department of Natural Resources, and let the loggers cut down the old-growth need to do that through the legislative the U.S. Forest Service produced a plan trees and pocket the money while our committee process where we can hold in our State to clear brush and other forests are left completely devoid of hearings and talk to the experts and fuel materials from a buffer zone anything that makes them the gift concerned members of our commu- around this town of Roslyn. I support that God gave us. nities. more funding to do thinning, pre- There is an editorial in today’s L.A. Trying to solve this important issue scribed burns, and hazardous fuel re- Times. I will quote from it, and then I with a rider to an appropriations bill is duction in our efforts to manage our will cease: unwise. It would be wrong to think forests. We have to cut the nation’s forests to save that we could reverse hundreds of years I think all of those need more discus- them. of misguided forest fire management sion and more time and energy put into That is how they open. suppression policy with a rider on an them and, as we will see with the Byrd That seems to be the Bush administra- appropriations bill. amendment, more resources financially tion’s rationale for its misnamed Healthy One of the most significant concerns to obtain that goal since those funds Forest Initiative, now before the Senate. I have about the amendment, as my have been subverted in the past. It goes on to say that the Senate colleague from California mentioned, is I also support providing the Forest should defeat the Craig amendment that it does waive important environ- Service and BLM with adequate fund- and that there are other more reason- mental laws. Under this amendment, ing to do the hazardous fuel reduction able and effective approaches. the agencies will no longer be required projects so each year we do not find Existing laws let the Forest Service do its to comply with the National Environ- ourselves in the same situation where job, provided it files environmental impact mental Policy Act. Furthermore, the the Forest Service diverts the funds reports and stays clear of protected areas. In amendment eliminates the administra- from fire accounts in order to pay for fact, President Bush can thin as many trees tive appeals process and limits judicial fire suppression. as he wants to right now. He just can’t take review. So let us make that clear. Let us di- a saw to the nation’s environmental protec- We do need to move forward, and I vide the accounts. Let us make sure we tions in the process. applaud my colleague from Idaho for are doing work both for suppression I hope we will not adopt the Craig wanting to take this issue to the next and for the prevention efforts we need. amendment. We are working on other level and for the focus that he has The point is clear, we can protect our ways to compromise this matter. I given to the issue. But I believe critical communities from fire, and we do not hope we can get together. to this debate is the central issue of need to waive environmental protec- I yield to my friend from Wash- trust because after decades of docu- tion laws or limit public participation ington, Senator CANTWELL, who has mented problems with forest manage- to do so. In closing, I would like to been a leader on the environment since ment by the Forest Service, it is no urge my colleagues to support Senator she came to the Senate. I yield my re- wonder that citizens are now skeptical BYRD’s amendment to provide more maining time to her. about the plan before us today, which funding for fire suppression efforts. The ACTING PRESIDENT pro tem- would allow timber companies to thin However, I add a note of caution, that pore. Without objection, it is so or- on ten million acres might really be if we take this approach with the rider dered. motivated more by economics than im- my colleague from Idaho is offering, I The Senator from Washington. proving healthy forests. do not think it is in the best interest of Ms. CANTWELL. Madam President, If we go so far as to restrict a citi- the forests or the American public. how much time remains? zen’s legal right, that is the wrong ap- This rider is too overreaching to be put The ACTING PRESIDENT pro tem- proach, but I believe working within on this legislation. Let us go back to pore. In total, there are 27 minutes re- the existing framework of environ- the committee process, let us have the maining to the Democrats. mental laws and allowing for the ap- hearings, and let us push forward to- Ms. CANTWELL. I thank the Chair. propriate process for projects in areas gether. Madam President, I rise today to near communities is the right ap- I ask unanimous consent to print in speak about the need for a national de- proach. the RECORD an editorial from the Se- bate on how best to manage wildfires This basic step needs to be taken—to attle Times that talks about the need and improve forest health. I thank my prevent the catastrophic wildfires that to move ahead but that we cannot colleague from California for being we have all experienced. This step has have, as this article says: here this morning to articulate a vi- already been laid out in the laws of This administration’s attempt to confuse sion about how we can move forward to this country. In the 10-year comprehen- and cloud the issue of fire suppression by protect old growth while being mindful sive strategy on collaborative approach laughably proposing timber thinning can

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.009 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8875 only mean a return to unregulated clear-cut- forest slowly tries to weed itself out, is periencing its fourth year of drought ting on our Nation’s forestlands. somehow the Holy Grail solution to forest that has been classified from ‘‘mod- There being no objection, the article fires is to buy into cheap, message-of-the-day erate’’ to ‘‘exceptional.’’ Large fire ac- was ordered to be printed in the stupidity. Does the president really think tivity began in mid- to late-May— Americans are just going to stand idly by RECORD, as follows: and let their treasured national forestlands about 3 to 4 weeks earlier than normal. [From the Seattle Times, Sept. 7, 2002] be threatened and destroyed? Has it not oc- And, quite honestly, we have been very DON’T HOLD YOUR FIRE curred to the greedy minds and special inter- lucky compared to other States such as (By Tommy Hough) ests that floated this scheme that we all Arizona, Colorado, Oregon, or Cali- The recent Bush administration proposal share and live in the same environment, of fornia. We are grateful for that. But we to suspend environmental laws and eliminate which forests are an integral, absolute part, know all too well that Nevada’s fire the public’s right to appeal Forest Service no matter which side of the political or eco- season lasts longer than other States’. decisions should be viewed as nothing less logical fence you may be on? We still have the potential of a dev- than a transparent attempt to increase com- Ms. CANTWELL. I suggest the ab- astating fire season yet to come this mercial logging in our national forestlands, sence of a quorum, with the time which has been this administration’s stated year. With the current extreme charged equally against both sides. drought condition combined with the intention since Day One. The ACTING PRESIDENT pro tem- How shameful too, that President Bush buildup of dead and dying fuels, Nevada would so callously use a disaster such as the pore. Without objection, it is so or- is placed in the ‘‘extreme’’ and ‘‘ad- recent wildfires in southwest Oregon to dered. The clerk will call the roll. vanced’’ categories for potential fire launch the media spin for a plan designed to The assistant legislative clerk pro- behavior. roll back 20 years of good sense and good en- ceeded to call the roll. I am particularly concerned about vironmental legislation, and in part enable Mr. BOND. Madam President, I ask the president to fulfill some inappropriate, the Lake Tahoe Basin. When my family unanimous consent that the order for visited that area in August, I noticed slimy promises made to timber baron con- the quorum call be rescinded. tributors and related special-interest groups the dry conditions of the area. There is during the 2000 campaign. The ACTING PRESIDENT pro tem- no question that Lake Tahoe is a blaz- This administration’s attempt to confuse pore. Without objection, it is so oring inferno waiting to happen. The and cloud the issue of ‘‘fire suppression,’’ by dered. Lake Tahoe Basin is under the highest laughably proposing ‘‘timber thinning,’’ can Mr. BOND. Madam President, I ask risk of wildfire potential. The entire only mean a return to unregulated clear-cut- unanimous consent to proceed as in ting on our nation’s forestlands. Has any ad- region is classified as a class 3 risk for morning business for 5 minutes to in- catastrophic fire. ministration ever been so brazenly vacant troduce legislation. and cynical? What is so distressing is that the Since this scheme was no doubt in part The ACTING PRESIDENT pro tem- land of this area is so environmentally cobbled together by forestry professionals, pore. Without objection, it is so or- sensitive. A catastrophic fire in the I’m guessing it may have occurred to them dered. The Senator from Missouri is basin would result in an incredible that old-growth forests actually act as a nat- recognized. amount of damage to communities. ural suppressant of fire, even in the driest Mr. BOND. I thank the Chair. Homes and structures worth billions of years. Granted, that would be bad for busi- (The remarks of Mr. BOND per- dollars would be lost. Lake Tahoe, one ness, but the awful secret the Bush adminis- taining to the introduction of S. 2967 tration and the timber industry doesn’t want of the Nation’s crown jewels, could lose are located in today’s RECORD under you to know is this: Fire is not bad. Fire is its defining quality of lake clarity. simply one part of nature’s long-term, deli- ‘‘Statements on Introduced Bills and Millions of tourists come every year to cate balancing act. Joint Resolutions.’’) recreate in the basin. Key recreation Drought and flames aren’t a problem any Mr. BOND. Madam President, I sug- areas would be destroyed. A fire could more than rain and flooding are a problem. gest the absence of a quorum. cause tremendous damage to the sen- The problem is man and his meddling ways The ACTING PRESIDENT pro tem- and 120 years of forest management (i.e., un- sitive watershed which feeds not only pore. The clerk will call the roll. Lake Tahoe but supplies water to com- restricted, subsidized logging), screwing up The assistant legislative clerk pro- and knocking out of whack a natural process munities in Reno, Carson City, and the which had been working fine in North Amer- ceeded to call the roll. rest of northwest Nevada, eventually ican ecosystems for thousands, even millions Mr. ENSIGN. Madam President, I ask emptying into Pyramid Lake. of years. unanimous consent that the order for The ecological consequences are dis- We’ve knocked forest rhythms so far off by the quorum call be rescinded. tressing as well. Lake Tahoe is home to removing fire as an element that nature isn’t The PRESIDING OFFICER (Mrs. one of our Nation’s proudest symbols— even allowed to compensate with small-scale CARNAHAN). Without objection, it is the bald eagle. Other endangered and burns to clear away underbrush and tinder so ordered. (unless it’s a manmade ‘‘prescribed burn’’), threatened species are native to the gently changing the way the elements effect Mr. ENSIGN. Madam President, I rise basin. Their safety is threatened by the forest floor, and paving the way for pio- today to express my strong support for fire. neering species and new trees. We may as the Craig-Domenici hazardous fuels re- It is clear to me and anyone who ac- well have removed rain from the equation. duction amendment which is currently tually goes out into the forests that The mature Ponderosa and lodgepole pines before the Senate. It is my hope that something must be done to reduce the in the American West as well as the big, old- we can come to a consensus on this fuels buildup to prevent the outbreak growth Douglas firs, hemlocks and spruces issue for the benefit of the forests, the here in the Pacific Northwest are designed of catastrophic fire. That is why I am by nature to survive burns with their thick animals that inhabit them and, more an original cosponsor of the Craig- bark and rich moisture content, while the importantly, the people whose homes Domenici amendment. fires create temperatures for the big trees to are near them. Currently, 74 million acres nation- be able to rapidly seed. In fact, the longer a In my home State of Nevada, our all- wide are classified as class 3 forests, tree lives, the more it is able to withstand time worst fire was in 1999. That season which is the highest risk for cata- fire (whew, that’s bad for business too!). set an all-time record for the severity strophic fires. The Craig-Domenici The juvenile trees growing in the wake of and breadth of fire damage. Nevada ex- amendment will limit action to only 10 the ceaseless clear-cuts that have left literal perienced over 1,100 fires which burned quilt marks on the tapestry of the region’s million of the 74 million class 3 acres. forests are the ones most susceptible to cata- almost 2 million acres. To put that in It is an emergency amendment. It only strophic fire and drought, and while fire perspective, in 1999 the total number of addresses 7 percent of the problem. I ideally should clean the forest floor an acre fires was 135 percent of the 5-year aver- wish it would address more of the prob- here and an acre there, manhandled nature is age and the total acres burned were al- lem. Highest priority will be given to forced to wait for a drought to reclaim the most eight times what we normally wildland-urban interface areas, which other half of the natural equation, when ev- burn during 5-year periods. More acres are areas near homes and communities, erything is bone dry and hasn’t been allowed were burned during a single 10-day pe- municipal watersheds, and forested to burn for 100 years. Instead of cleansing the riod in August than had burned in any forest, fire now destroys the forest, in a cata- areas affected by disease, insect infes- strophic fasion nature never intended. entire previous season on record. tation, and windthrow. That thinning excess timber, a natural re- I am afraid 2002 could be another The amendment seeks to cut through action to logging and clear-cutting as the year like 1999. This year, Nevada is ex- the bureaucratic mess that is currently

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.011 S19PT1 S8876 CONGRESSIONAL RECORD — SENATE September 19, 2002 in place that often needlessly delays I yield the floor. NPR appears to have allowed its news implementation of these projects. I suggest the absence of a quorum. people to sink to new lows to scrape to- It also seeks to expedite the judicial The PRESIDING OFFICER. The gether a story to incite and inflame process. Too often, these essential fuels clerk will call the roll. public opinion. Is this the kind of re- reduction projects are halted by frivo- The assistant legislative clerk pro- porting we should expect from a na- lous lawsuits. Ultimately it is the for- ceeded to call the roll. tional news organization established by est and wildlife habitat that suffer. Mr. CRAIG. Madam President, I ask Congress to promote news gathering in That is the case in my State where unanimous consent the order for the the interest of American citizens? I two projects in the wildland-urban quorum call be rescinded. think not. interface were challenged by an outside The PRESIDING OFFICER. Without It is a sad day when our national party. The challenger was not even objection, it is so ordered. news organizations must engage in fab- from Nevada. All the people in Nevada Mr. CRAIG. Madam President, I rise ricating stories by listening solely to had agreed—environmentalists in Ne- today to speak about a matter that I one side and a sadder day still when vada, the Forest Service in Nevada, the find deeply troubling. An ‘‘Inside the these stories are presented by these or- BLM in Nevada, and all the local peo- Beltway’’ column in the September 19, ganizations to an unsuspecting public ple in Nevada—that this project was 2002, Washington Times reveals that a as a balanced reporting of the facts. correspondent working for National meritorious and was good for the envi- This message authored by the NPR Public Radio, in what appears to be a ronment. Yet somebody from the out- correspondent was distributed by way flagrant violation of all standards of side challenged in court and was able of an environmental group mailing list. professional journalism and ethical to block this important environmental The forwarding message from an orga- conduct, has set about to enlist the project. nization called ‘‘Wild Rockies’’ is also help of environmental radicals in order Public land managers must be al- revealing. to concoct a story concerning thinning lowed to manage the land. Unfortu- The sender reveals that environ- projects on our national forests. I find nately, only one dissenter can stymie a mental groups have ‘‘successfully ap- this abhorrent for two reasons. completely collaborative effort to pealed/litigated’’ many thinning clean the forests. Without proper forest First, it reveals the desperate lengths to which the environmental commu- projects and also ‘‘tied up’’ many more management, an accidental blaze can thinning projects. In short, the author turn into a flaming inferno which can nity is willing to go to their quest to lock up our public forests and prevent of this message is making plain the sterilize the land and destroy the habi- fact that these groups have been suc- tat for many endangered species of efforts aimed at protecting and restoring health to our public forests from cessful in causing the very sort of un- plants and animals. necessary delays that we are attempt- The groups that are against our ef- going forward. ing to prevent with the amendment in- forts claim they are environmentally Second, and perhaps more troubling troduced by Senators CRAIG and friendly. What is environmentally to me, it suggests the complete lack of DOMENICI. friendly about obstructing sound man- intellectual honesty and the apparent These environmentalists have dem- agement projects from going forward? complicity of a nonprofit organization, onstrated that they will stop at noth- Wildfires contribute heavily to air pol- established by Congress for the purpose ing—even shamefully dishonest prac- lution, destroy wildlife habitat, and of educating our public, in fabricating tices—to impede, delay, and quash ef- kill endangered species. stories and spinning the news in a man- While we were in Lake Tahoe this ner that is devoid of objectivity and at forts by the Forest Service and Depart- summer, the entire basin—which is odds with the fundamental tenets of ment of Interior land management truly one of the most beautiful areas in sound journalistic practices. agencies to restore health to our for- the world—was filled with smoke from Let me read from a message that was ests. We cannot let our precious Amer- the fires from far off in California and sent out by a news correspondent ican forests be held hostage by these from Oregon. Anybody who is against working for National Public Radio extremists, nor should we stand idly by air pollution ought to be for stopping seeking assistance from members of and allow these zealots to continue to and preventing these forest fires. the environmental community. The hold our forests hostage by employing Extremists in the environmental message reads as follows: these sort of unethical and distasteful community claim they are concerned Hey there. Put on your thinking cap and tactics. about the welfare of wildlife habitat give me your best example of a ‘thinning Shame on NPR for what appears to and forest health. Yet they oppose project’ where they went in and did the oppo- be an utter and complete lack of bal- commonsense projects that seek to site. I’m working on a story about trust, ance in news gathering practices. lessen the devastating effects of cata- which is at the heart of all this . . . and I Shame on Wild Rockies and the other want to use just one example of where the strophic wildfires. This amendment environmental groups that would con- FS [Forest Service] and the industry fla- spire to mislead the public in this way. seeks to ensure that fuel reduction grantly abused the public’s trust on a projects continue in spite of these ex- thinning project . . . in short, concrete evi- And shame on us, if we fail to enact tremists. dence as to why the environmental commu- legislation that will enable us to pro- This legislation is absolutely nec- nity is distrustful of the FS and industry’s so tect our precious public forests from essary. It is necessary this year. It was called thinning projects. these irresponsible sham artists and actually necessary last year and many In 1967, Congress passed the Public unethical charlatans who seek to de- years before. Every year we talk about Broadcasting Act. This act authorized ceive rather than truthfully inform our how we need to save the forests, but we the creation of the Corporation for citizens on the conditions that exist on do nothing to clean the forest to reduce Public Broadcasting, CPB. The Act our forests and what needs to be done the intensity of fires. We must be able called on CPB to encourage ‘‘the to move them toward a healthier state. to conduct these fuel reduction growth and development of non- Madam President, we have just heard projects. Advocates on both sides of the commercial radio’’ and to develop from another one of our colleagues, in aisle and both sides of the political ‘‘programming that will be responsive this case Senator ENSIGN from the spectrum agree on this. They are essen- to the interests of the people.’’ Na- State of Nevada, talk about the condi- tial to continue the health of our for- tional Public Radio, NPR, was estab- tions and situations that exist in that ests. We have waited long enough. Our lished in 1970 as a private, nonprofit or- State and in the northern end of the forests have waited long enough. ganization to provide leadership in na- High Sierras of California and Nevada. I say to my colleagues, let us get this tional news gathering and production The conditions he talks about are real done. The fires we have seen this year and broadcast of radio programming and very severe. are unprecedented. I, for one, am com- responsive to the interests of American I used to chair the Forestry Sub- mitted to do all I can to ensure that citizens. committee in the Senate. During that forests are protected, watersheds are I would ask my colleagues how is this period of time, we examined the condi- protected, homes protected, and, most biased effort at attempting to sway tion of the Sierras and especially what importantly, people are protected. public opinion in the public interest? is known as the Greater Tahoe Basin

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.014 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8877 area. In fact, our colleague from Ne- did for his home State of South Da- Mr. CRAIG. Sure. vada, Senator REID, grew very con- kota, and what we are trying to do Mr. BYRD. He is a member of the cerned as to the state of health of here, is to design a way to create a committee. I am concerned about the those forests. more active process that disallows the way these appropriations bills are pil- It was, at that time—a couple of obvious and constant use of the appeals ing up around here, and when we are years ago—very obvious those forests process and temporary court injunc- headed for a continuing resolution. were in rapid declining health conditions to deny any activity on our pub- Now, would the Senator have a sug- tions, bug kill was rampant, and at lic lands, and especially in these crit- gestion as to when we might have an- some time in the very near future that ical areas that are so fire prone. other cloture vote on that very ques- forest could be consumed in wildfire And, of course, the article is fas- tion of the other day? A motion to re- that would wipe out the whole of the cinating in what it says because what consider was entered on that vote, I be- Tahoe Basin. it basically says is: Can you show me a lieve. Am I correct, may I ask—— Of course, as the Senator just spoke, thinning process?—calling the environ- Mr. CRAIG. That is correct, as I re- it is a beautiful area. Lake Tahoe is re- mental groups that would give us the call. nowned for its beauty. That is why worst case scenario, in other words, a I do not, in any way, question the Senator’s sincerity. You offered to folks from all over the country have contradiction to what I and others solve it in one way, and I reciprocated gone there to build phenomenal homes, have been saying is being done, and can be done effectively, in the thinning and by offering to solve it in another. to enjoy that beauty. And, of course, at I would go immediately to a unani- the cleaning of these fuel-loaded areas. risk at that time in the investigation mous consent for an up-or-down vote was the reality that wildfire would And the answer is, I think, quite fas- cinating. The answer is: No, we can’t on the Craig second degree. That is an wipe out many of those multimillion- immediate solution that could occur in dollar homes that were sprinkled show you any because we have them all under appeal, and we have them all the next 35 or 40 minutes. That is a around the lake, both on the Nevada clear and clean and within-the-rules so- side and on the California side of that blocked. The very thing we have been arguing lution to a problem. I believe my side lake, and the whole tourism and resort feels that I deserve a vote. And I know industry that exists there—another ex- is the very thing that is reality, by the admission of the environmental groups that the Senator is a stickler for the ample of a forest crying out for a rules of the Senate and an advocate of thinning and cleaning and management themselves. Mr. BYRD. Madam President, will them and strongly supportive of them. program that could reverse the state of I want to facilitate this process. The the health of that forest. the Senator yield without losing his right to the floor? money you have so generously helped We struggle mightily to solve a prob- us get—— lem that has come upon the Interior Mr. CRAIG. I am happy to yield. Mr. BYRD. When you said, ‘‘We have The PRESIDING OFFICER. The time appropriations bill, of which my col- them all blocked,’’ that kind of caught controlled by the minority has expired. league from Montana, who has now my ear. And I am wondering about Mr. CRAIG. I ask unanimous consent joined us, is the ranking member of for 1 more minute. these appropriations bills. Somebody that subcommittee which funds Inte- The PRESIDING OFFICER. Without has them all blocked. Here is my friend rior issues. objection, it is so ordered. I submitted some days ago a second- from Montana who is the ranking Mr. CRAIG. To fit into this Interior member. We have been here at our degree amendment to Senator BYRD’s appropriations bill is critical, to pay amendment to increase fire funding, to posts on duty. When are we going to back the funds within the Department try to find a compromise, to develop unblock the barriers to getting our ap- of Agriculture and in the U.S. Forest some degree of active management in propriations bills passed? Service that have been expended for I have a question of the distinguished these very critical areas of concern the very fires about which we are con- Senator. cerned. This has to happen. Clearly, it that are, in part, driving the wildfires Mr. CRAIG. Sure. is critical for the operation of the For- of at least the western forests at this Mr. BYRD. And before I pose the est Service. What is also critical, in my moment and are realities of growing question, I preface it by saying this: I opinion, is that the Congress respond conditions in all of the public land for- can appreciate what the distinguished in a responsible way to the crisis. ests around our country. And that is a Senator is trying to do. The other day state of health, a state of fuel loading, You, as chairman, and if you are I said to him, on the floor: If you will chairman again in the new Congress or and dead and dying trees, and therefore remove your amendment here, if we optimum fuels that, under the right someone else is, should not have to be can vote for cloture, on the one hand, asking the taxpayers to pay out an ad- conditions, ignite into the catastrophic and get on with this bill, if you offer fires that we have experienced this ditional $1 billion to $1.5 billion to $2 your amendment on another bill, I will billion more a year because clearly a year. support it. But yesterday I became aware of an public policy is failing out there at this Mr. CRAIG. Yes. moment to address a crisis and, there- interesting episode going on aside but a Mr. BYRD. But my friends on that fore, we are asking the taxpayer to pay part of this debate out on the public side did not vote for cloture. Whatever for it. That is really what hangs in the side of things—I should say the private the vote was at that time, they did not balance here. They are intricately side of things—that I find very inter- vote for cloture. So they have not locked, I do believe. That is why I esting. This morning that was high- helped me to get on with the appropria- think it is so fundamentally important lighted in the ‘‘Inside the Beltway’’ tions bills. Consequently, I made a gen- column of the Washington Times, an we vote on it at this moment. erous offer at that point, but I am con- Mr. BYRD. Madam President, will article by John McCaslin. It is worth cerned about that offer. your time and interest to read it be- the Senator yield? The Senator did not take me up on Mr. CRAIG. I am happy to yield. cause I do believe it demonstrates it. Senators on that side did not take The PRESIDING OFFICER. The Sen- something that is in an apparent com- me up on that. They did not help re- ator from West Virginia. plicity of efforts between national rad- move that block. I want to look at the Mr. BYRD. Madam President, I took ical environmental groups and an orga- Senator’s amendment again when it at least 3 minutes of the Senator’s nization funded by this Congress, Na- comes time to vote on it. I am con- time. I ask unanimous consent that the tional Public Radio. cerned about judicial review, about distinguished Senator from Idaho may It is obvious to me that there was an that aspect of it and some other things. have 3 additional minutes. effort underway to try to show to the Mr. CRAIG. Sure. The PRESIDING OFFICER. Without public that what I was debating, and Mr. BYRD. But the Senators had me objection, it is so ordered. others were debating, simply was not on board at that time if that would Mr. BYRD. I thank the Senator for the case. And the e-mail transaction have helped to take the plug out of the yielding. that was going on out there dem- dike and let these bills pass. I am con- Mr. CRAIG. Madam President, I re- onstrated quite the opposite because cerned, may I say to the distinguished peat what is a phenomenally frus- fundamental to what Senator DASCHLE Senator—— trating concern of ours, that the Public

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.015 S19PT1 S8878 CONGRESSIONAL RECORD — SENATE September 19, 2002 Broadcasting Act that created NPR au- ternative for the environment as well and some have been zeroed out—by the thorized the use of public money and because, unfortunately, important spe- administration over the last two budg- what appears now at this moment to be cies habitat burns right along with the et cycles. For some accounts included an effort to go out and find a worst forests during a fire. under the National Fire Plan, but not case scenario to refute arguments The main obstacle constraining us all, Congress has made up the dif- being placed on the floor. That is not from substantially increasing our ference. However, it would certainly be the role of the public broadcasting pro- proactive efforts to reduce fire risk is a much easier to fully fund the National gram in this country. lack of adequate funding. As Oregon Fire Plan with the administration’s I am extremely pleased that this ar- Governor and cochair for the Western support. ticle appeared. We became aware of Governor Association’s 10-Year Fire Funding constraints clearly affect that e-mail traffic yesterday. I am glad Plan John Kitzhaber states, ‘‘it will the ground restoration work. In New some journalists have the right and the take a significant investment of re- Mexico, there are several restoration willingness to step forward and say: sources—far greater than what is envi- projects that could make a meaningful Wait a minute. This appears to be a sioned to be saved through process effi- difference in reducing the risk of cata- complicit act of a nonprofit organiza- ciencies.’’ Ever since Congress first strophic wildfire if funds were avail- tion established by Congress for the funded the National Fire Plan 2 years able. Here are some examples: purpose of educating our public but not ago, I have continually emphasized the One, Dry Lakes Project, El Rito misinforming our public. That appears need to sustain a commitment to the Ranger District, Carson National For- by every evidence to be exactly what fiscal year 2001 funding levels over a est.—This mechanical thinning and was underway. long enough period of time to make a prescribed burning fuel reduction What fell out of it was the very basis difference—at least 15 years. project is located on the Tusas Ridge Most fuel reduction projects will of the argument I and others have been to the southwest of the community of take several years to implement. It is placing for some time and why my Tres Piedras. The ridge has an unusu- critical that the agencies have reliable amendment or a version of my amend- ally high incidence of lightening funding to complete the projects they ment in dealing with these critical strikes which put the community at start. If funding is obtained to thin areas and in dealing with allowing a high risk. Tres Piedras is on the State trees the first year, but not to com- process to move forward that cannot be list of highest priority areas. The dis- plete the slash disposal and reintroduce just summarily blocked by an appeal trict used fiscal year 2001 funding from fire through prescribed burning the fol- but does not yet close the courthouse the National Fire Plan to thin a large lowing years, short-term fire risk will door is very critical to all of us. area but could not find sufficient funds be increased. Around the villages north With that, I yield the floor. in fiscal year 2002 to complete the pre- The PRESIDING OFFICER. The Sen- of Truchas, some villages face a tre- scribed burning. This is particularly ator from West Virginia. mendous danger of fire due to slash left troubling because several forestry ex- Mr. BYRD. Madam President, how from thinning. According to the agen- perts agree that thinning trees without much time remains on the pending cies themselves, mechanical thinning follow up work to reintroduce fire with bill? comprises only 19 percent annually of prescribed burns, the fire risk will in- The PRESIDING OFFICER. The Sen- all hazardous fuels reduction activities. crease. ator has 11 minutes. Adequate funding means, at a min- Mr. BYRD. Madam President, I ask imum, sustaining fiscal year 2001 fund- Two, in southern New Mexico, Otero unanimous consent that there be 15 ing levels for all components of the Na- County Commissioner Michael Nivison minutes, a total of 15 minutes. tional Fire Plan. The Western Gov- has worked tirelessly to encourage The PRESIDING OFFICER. Without ernors Association recently sent a let- broad community involvement within objection, it is so ordered. ter to Congress urging full funding of the context of existing laws and proce- The Senator from New Mexico. the National Fire Plan at the fiscal dures. Unfortunately, the group found Mr. BINGAMAN. Mr. President, I will year 2001 funding levels. Similarly, re- that lack of funding was an obstacle to today offer an amendment to expedite cently the National Association of moving forward with sensible forest forest thinning on our national forests State Foresters compiled projected thinning plans. In April 2002, I re- and public lands. I am pleased that funding needs for the National Fire quested the necessary additional funds Senator DASCHLE is a cosponsor of this Plan over the next 10 years based on from the Washington office of the For- amendment. I would like to thank all collaborative efforts with State gov- est Service because no additional fund- of my colleagues who have worked with ernments, the Forest Service, and the ing was available from the Lincoln Na- me to craft this amendment and who Department of the Interior. The West- tional Forest’s budget or the South- offered invaluable input and expertise. ern Governors’ Association endorsed west Region office budget. The min- Everyone in the Senate wants to do the State Foresters’ projections. The imum funding needed was $1 million to what we can to reduce the threat of General Accounting Office estimates complete thinning projects within the catastrophic wildfire. We all agree that that the cost to reduce fuels is about wildland/urban interface in the Rio we need to accelerate fuels reduction $725 million per year for the next 15 Penasco watershed and for watershed activities because the risk of severe years, GAO/RCED–99–65. analyses to prepare future restoration fire is so high. Ongoing, drought, past The funding levels in the bill we are projects. Fortunately, after waiting 3 fire suppression policies, and excessive currently considering are far below the months, the Forest Service complied harvesting of timber have all contrib- State Foresters’ and GAO’s projected with the request. However, Commis- uted to the problem. All of us also funding needs. For example, while haz- sioner Nivison estimates an additional agree that it is much better to devote ardous fuels reduction was increased in $4 million per year for the next 10 years limited resources to proactive efforts fiscal year 2001 and has remained rel- above existing funding levels will be to reduce fire risk rather than paying atively constant since that time, the needed to successfully complete the to fight the fires once they occur. State Foresters’ analysis includes $100 forest thinning program on the Lincoln I have tried for years to improve the million more for hazardous fuels reduc- National Forest. Federal agencies’ forest thinning pro- tion than the Interior appropriation Three, on the Gila National forest, gram in a variety of ways. I am also a bill provides. The State Foresters the Catron County Citizens Group vocal proponent for spending Federal project that hazardous fuels reduction based in Glenwood is working to estab- dollars conducting proactive forest res- also will need to steadily increase over lish a sawmill to process small diame- toration to reduce fire risk rather than the next 10 years. ter wood removed from the forest as continuing to spend billions of dollars Other important programs that are part of forest restoration projects and each year fighting fires. Although some part of the National Fire Plan, includ- has secured non-Federal matching may contend that restoration costs too ing economic action programs, commu- funds for their operation. In December much money, over the long-term, it is nity and private land fire assistance, 2001, I was notified that Forest Service much less expensive than fighting fires. and burned area restoration and reha- employees had identified several res- Restoring our lands is the preferred al- bilitation have been drastically cut— toration projects that were NEPA-

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.017 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8879 ready, however, no funding was avail- peals on these projects, thereby saving of the National Fire Plan. For example, able. Once again, after specific and re- 135 days in the process. In addition, we a recent General Accounting Office repeated requests, the Chief complied eliminate judicial review granted port severely chastised the agencies for with the request to allocate an addi- under NEPA for thinning projects their inability to account for where tional $1 million to the Gila. However, within 1/2 mile of any community hazardous fuels reduction funds have a 1-year special allocation clearly will structure or within certain key munic- been spent. Specifically, the GAO not provide the long-term restoration ipal watersheds. The combination of states: investment needed. these provisions would save between It is not possible to determine if the $796 mil- Four, earlier this year, the Chief told one and one-half to three and one-half lion appropriate for hazardous fuels reduc- me that the Santa Fe Municipal Water- years of process. tion in fiscal year 2001 and 2002 is targeted to shed Project is one of the highest prior- Moreover, in order to focus the agen- the communities and other areas at highest ities for the Forest Service’s South- cies’ work on the highest priority ares risk of severe wildland fires.—GAO/RCED–02– west Region. Nonetheless, at the cur- where human safety and property loss 259, January 2002. rent rate of funding by the agency, the are the most serious, we require that In addition, in November 2001, the In- project will be completed in 18 years. If 100 percent of hazardous fuels reduc- spector General for the Department of it were fully funded at $1 million per tion funds be spent in the highest fire Agriculture found that the Forest year, however, the project would be risk areas, known as condition class 3, Service was inappropriately spending completed in 7 years. This is a critical and 70 percent of those funds be spent its burned area restoration funds to project for the residents of Santa Fe to within one-half mile of any community prepare commercial timber sales. Simi- protect two city-owned reservoirs that structure or within key municipal wa- larly, it was recently discovered that hold 40 percent of the city’s water sup- tersheds identified in forest plans. the Forest Service ‘‘misplaced’’ $215 ply. In order to recognize the role that million intended for wildland fire man- Five, Deer Lakes Fuel Break, Cuba forest dependent communities play in agement due to an accounting error. Ranger District, Santa Fe National restoring our lands, we require that at Finally, another GAO report con- Forest.—This fuel break project was least 10 percent of hazardous fuels re- cluded that, because the Forest Service put on the list of suggested projects for duction funds be spent on projects that relies on the timber program for fund- fiscal year 2001 since NEPA review was benefit small businesses that use haz- ing many of its other activities, includ- complete, but it was not funded in fis- ardous fuels and are located in small, ing reducing fuels, it has often used the cal year 2001 or fiscal year 2002. The economically disadvantaged commu- timber program to address the wildfire fuel break will protect private homes nities. Finally, in order to provide ro- problem. GAO states: in a forested subdivision. The Forest bust monitoring of these experimental The difficulty with such an approach, how- Service considers this area to be a pri- new authorities, we require multiparty ever, is that the lands with commercially ority. monitoring of a representative sam- valuable timber are often not those with the Six, Mt. Taylor Ranger District, pling of the projects. greatest wildfire hazards. Additionally, there Cibola National Forest.—A number of We agree with, and included, many are problems with the incentives in the fuel reduction program. Currently, managers are fuel reduction projects planned on this provisions of Senator CRAIG’S amend- rewarded for the number of acres on which district have been held up by insuffi- ment in our amendment. For example, they reduce fuels, not for reducing fuels on cient funding. All of these projects Senator CRAIG requires the secretaries the lands with the highest fire hazards. were small, less than 500 acres. to give highest priority to protecting Becuase reducing fuels in ares with greater Seven, the Collaborative Forest Res- communities, municipal watersheds, hazards is often more expensive—meaning toration Program, created through leg- and areas affected by disease, insect that fewer acres can be completed with the islation I sponsored two years ago, pro- activity, or wind throw. He requires same funding level—managers have an incen- vides $5 million annually to fund a va- that projects be consistent with appli- tive not to undertake efforts on such lands.— riety of forest restoration projects in cable forest plans and that the Secre- GAO/RCED–99–65. many different locations in New Mex- taries jointly develop a collaborative The parameters set forth in our ico. Unfortunately, due to the Forest process to select projects. We agree amendment will ensure that the agen- Service’s practice of borrowing from with all of these provisions. cies conduct forest thinning in a way other accounts to pay for firefighting, However, our amendment differs that truly reduces the threat of fire. action on this year’s projects has been from Senator CRAIG’S amendment be- For example, we require the agencies suspended since July 8. Because the ad- cause we felt it was appropriate to to focus on thinning projects that truly ministration was unwilling, until very enact parameters and limitations along reduce the threat of fire, namely re- recently, to support repaying these ac- with the new authorities for several moving small diameter trees and counts, it is unlikely that work will re- reasons. First, we are legislating with- brush. This limitation is based on nu- sume this year on these projects. out the benefit of the normal author- merous scientific research studies con- Beyond funding constraints, some al- izing Committee process. If, after conducted by the Forest Service. Too lege that administrative appeals and sideration through the authorizing often, the Forest Service has cut large lawsuits limit our ability to reduce fire Committee process, we decide to make trees because of their commercial risk across the country. I am willing to some or all of these changes perma- value instead of removing small-diame- provide new legal authorities and ex- nent, we can do so next year. ter trees that tend to spread fire. emptions from administrative appeals Second, the Forest Service has a poor Our amendment prohibits new road to address this concern. However, we track record with respect to supporting construction in inventoried roadless should proceed carefully at this junc- projects that do not harvest large areas because the National Forests al- ture and withhold from enacting trees. One example that I am aware of ready contain 380,000 miles of road, as a sweeping changes to Federal law with- occurred in New Mexico. On the Gila comparison, the National Highway out due consideration. If we need to National Forest Sheep Basin project, System contains 160,000 miles of roads, make permanent changes to existing there was broad agreement within the and the deferred maintenance needs on laws, we should do so next year after local community that a project har- these existing roads totals more then this issue has been debated thoroughly vesting small trees would be a win-win. $1 billion. Forest Service analysis rein the Senate including hearings and The community agreed this project veals that roads increase the prob- committee business meetings. would both benefit the environment ability of accidental and intentional Let me briefly describe our amend- and generate local jobs while also re- human-caused ignitions. ment. We propose to exempt from Na- ducing fire risk. The Forest Service, A group of respected forest fire sci- tional Environmental Policy Act anal- however, rejected the community’s entist recently wrote President Bush a ysis all forest thinning projects located proposal and insisted on following a letter stating that, ‘‘thinning of in areas that are at the highest risk of plan to harvest large trees. overstory trees, likely building new fire and remove up to 250,000 broad feet Third, many independent analyses roads, can often exacerbate the situa- of timber or 1 million board feet of sal- have discovered numerous flaws with tion and damage forest health.’’ More- vage. We prohibit administrative ap- the agencies’ existing implementation over, the vast majority of all trees in

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.007 S19PT1 S8880 CONGRESSIONAL RECORD — SENATE September 19, 2002 the west are small, more than 90 per- Moreover, we do not need to treat The PRESIDING OFFICER. Without cent are 12 inches in diameter or small- every acre of land to reduce fire risk. objection, it is so ordered. er. New Mexicans and others living in the f Returning receipts to the Treasury is west want their government to quickly consistent with a provision in the and intelligently address the excessive HOMELAND SECURITY ACT OF 2002 Wyden/Craig County payments legisla- build-up of hazardous fuels. If we’re The PRESIDING OFFICER. Under tion enacted 2 years ago and avoids ex- going to leverage limited Government the previous order, the hour of 11:30 isting perverse incentives. Numerous funds to solve this problem, we need to a.m. having arrived, the Senate will GAO reports reveal that existing agen- figure out in advance which forested now resume consideration of H.R. 5005, cy trust funds provide incentives for lands need to be treated and how. which the clerk will report. the agency to cut large trees because it To act quickly and strategically to The legislative clerk read as follows: gets to keep the revenue. Cutting large prevent catastrophic fires, we do not A bill (H.R. 5005) to establish the Depart- trees will not reduce fire risk, there- need to treat every single acre of na- ment of Homeland Security, and for other fore, we should direct receipts back to tional forest and public lands. Instead, purposes. the Treasury. Jeremy Fried, a Forest we should create firebreaks and other Pending: Service research specialist at the Pa- strategically thinned areas to stop Lieberman amendment No. 4471, in the na- cific Northwest Research Station, fires from spreading out of control over ture of a substitute. states, ‘‘If you take just big trees, you large areas. A respected Forest Service Byrd amendment No. 4644 (to amendment do not reduce fire danger.’’ researcher named Mark Finney has es- No. 4471), to provide for the establishment of The provision in our amendment timated that treatments need only ad- the Department of Homeland Security, and stating that 70 percent of Hazardous dress 20 percent of the landscape, if an orderly transfer of functions to the directorates of the Department. Fuels Reduction Funds be spent within thinned areas are strategically placed Reid (for BYRD) amendment No. 4673 (to one-half mile of any community struc- to make fires move perpendicular to amendment No. 4644), in the nature of a sub- ture or within key municipal water- the prevailing winds. The Forest Serv- stitute. sheds is more flexible than the Presi- ice should experiment with Finney’s The PRESIDING OFFICER. The Sen- dent’s fiscal year 2003 budget request ideas and those of others about how to ator from Tennessee. which provides that the same percent- most strategically place thinning Mr. THOMPSON. Madam President, I age only be spent near communities. projects. The less acres the Govern- ask unanimous consent that there be 1 We in Congress must ensure that the ment needs to treat, the further our ex- hour for debate, equally divided, on the agencies adhere to our direction that isting funds will stretch. cloture motion. the number one priority is to protect The board feet levels in this amend- The PRESIDING OFFICER. Without communities at risk for catastrophic ment are identical to the levels pre- objection, it is so ordered. fire. To date, this has not occurred. In viously set forth for categorical exclu- Mr. THOMPSON. And the vote to fiscal year 2002, only 39 percent of the sions by the Forest Service. Almost 3 occur at the end of that hour. areas where hazardous fuels will be years ago, a Federal district court in- The PRESIDING OFFICER. Without treated are in the wildland/urban inter- validated these categorical exclusions objection, it is so ordered. face. In fiscal year 2003, only 55 percent primarily because the agency literally Mr. THOMPSON. I thank the Chair. of the acres scheduled to be treated are lost its administrative record. Notably, Madam President, about a year ago, near communities. Finally, we need the court left room for the agency to we began hearings on the homeland se- hard and fast assurance that the agen- reinstate these categorical exclusions curity issue in the Governmental Af- cies will make its investments near but for some reason the agency still fairs Committee. Other committees communities because the National Fire has not done so. This approach also had hearings, but we had a series of Plan and the Western Governors’ Asso- will benefit local businesses by requir- hearings that lasted until recently. ciation identify protecting people as ing the agency to implement relatively During that time, we reached bipar- the number one priority. smaller projects. Residents of Truchas, tisan agreement on many important We are willing to provide the agen- NM, tell me that the using categorical factors. We reached bipartisan agree- cies with additional authority as set exclusions improves the ability of local ment on the notion that we need to re- forth in our amendment but only to Federal land managers to make site organize our Government to meet the achieve the number of acres treated specific decisions that address commu- new challenges our country faces. We that can be accomplished without a nity needs. live in a different world, a new world, a substantial increase in funds. My At this point in time, I do not believe dangerous world, and we need to reor- we need to expedite judicial review be- amendment doubles the amount of ganize our governmental agencies to yond what we offer in our amendment. acreage treated to reduce fire risk in deal with that world. We have very Prohibiting any temporary restraining the upcoming year form 2.5 million to broad bipartisan agreement on that. orders or preliminary injunctions, 5 million acres whereas Senator We also discovered in that time that which is what the Republican and ad- CRAIG’s amendment covers 10 million we have some very important points of ministration proposals would do, acres of Federal land. disagreement. It is impossible for the agencies, even makes any judicial review effectively I think it was the understanding of with the expedited procedures included irrelevant. In addition, on August 31, everyone concerned that after we ad- 2001, the General Accounting Office rein Senator CRAIG’s amendment, to dressed this in the committee, after we ported that, of the hazardous fuels re- quadruple the amount of acres treated had a full discussion, a series of hear- duction projects identified for imple- annually. Since fiscal year 2001, Con- ings, after we had an extensive markup mentation in fiscal year 2001, none had gress has provided about $400 million and aired all of these similarities, been litigated. annually for hazardous fuels reduction. In conclusion, our amendment rep- these points of agreement, and points With this level of funding, the agencies resents a thoughtful, balanced ap- of disagreement, that we would be able have treated approximately 2.5 million proach to expedite forest thinning in a to take that committee product, bring acres each year. For fiscal year 2003, way that truly reduces fire risk for it to the floor, as Senator LIEBERMAN the Senate Interior appropriations bill communities and the environment. has done, and that we would be dis- provides $414 million for hazardous I yield the floor. cussing the merits of the points of fuels reduction, fully funding the Ad- Mr. BURNS. Madam President, I sug- agreement and the points of disagree- ministration’s request. Again, the gest the absence of a quorum. ment because we were about very im- agencies estimate they will complete The PRESIDING OFFICER. The portant business of our country and the treatment on about 2.5 million acres. clerk will call the roll. future safety of our country, with the Senator CRAIG’s amendment does not The legislative clerk proceeded to full realization that we were doing provide any additional funds, therefore, call the roll. something that had not been done for it is incorrect to purport that now, sud- Mr. THOMPSON. Madam President, I over half a century in this Govern- denly, the agencies will quadruple the ask unanimous consent that the order ment, in terms of the scope of the reor- amounts of acres treated. for the quorum call be rescinded. ganization.

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.009 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8881 I believe that was the understanding, discussions on one thing or another— Mr. GRAMM. Madam President, I that this would be the process, and they have filed cloture. They have es- want to try to summarize my thoughts that it was one of those rare times—all sentially filed cloture against them- so the distinguished Senator from Ten- too rare around here—that we would selves. nessee can preserve some of his time. come together on both sides of the I may not have been here long When 9/11 happened, and after that aisle and address it in that way. enough to fully understand all of the terrible day when we all stood together It was not to be. We have spent the history and the way things work in front of the Capitol and sang ‘‘God last 3 weeks in the afternoons sup- around here, but I hope that it is a rare Bless America,’’ I thought that coming posedly on this bill and have accom- occurrence for the majority party, or together on a proposal to defend our plished very little. anyone else, to bring up their own bill, country and its people was going to be Of course, we had the September 11 filibuster, and then file cloture against about as easy as it had been after De- anniversary in the middle of that time themselves in order to cut off the other cember 7, 1941. I was absolutely and to- period, and we had a holiday in the side from offering amendments, which tally wrong. midst of that time period. We also had we know have to be considered. That is As strange as it sounds, as unbeliev- a commemoration in New York, which the situation we have. That is the bi- able as it is, the Lieberman bill takes many of us attended, in connection zarre circumstance in which we are power away from President Bush to de- with the anniversary of September 11. today. clare a national emergency and, in the But we still have had 3 weeks of after- That is not the proper purpose of a process, override business as usual in noons for consideration of this bill, and cloture motion. I ask my colleagues: the Federal bureaucracy, a power that we only really considered one of the Do they really believe there is any Jimmy Carter had, a power that Ron- substantive areas of disagreement. chance of getting a bill under these cir- ald Reagan had, a power that the first We have had a considerable period of cumstances? This cloture motion is not President Bush had, a power that Bill time in the way legislative calendars about substance. It is not about mov- Clinton had and used. go, but we have had very little time to ing the bill. Everybody knows if this Incredibly, after thousands of our consider these very important issues cloture motion succeeds, there will be people have died, after all of the suf- that we have been discussing in the no bill this year. The President will fering and all the trauma, we now have press, in the media, on the floor, and in veto this bill as sure as I am standing in a bill—a bill that is shameless committee for now going on a year at here. Without even having the oppor- enough to call itself related to home- least. tunity to consider these issues con- land security—an effort to take power Instead of coming to the floor and cerning his own authority or the man- away from the President that he had proceeding with those issues, we have agement flexibility or the reorganiza- on 9/11. had time taken up under the rules of tion or the intelligence component, or I am not sure the American people the Senate, as Senators have a right to any of these other issues, they file clo- truly understand that President Bush do, on matters that are peripheral to ture and deprive us of considering has asked for no additional emergency the important amendments and the these issues? powers to set aside work rules within issues with which we know we have to I am not sure anybody is going to the Federal bureaucracy. In fact, he deal. argue the amendments would be ger- has already agreed to reduce those Our side of the aisle has all this time mane after cloture. The effect is to cut powers very slightly as compared to been trying to get consideration of the us off. It is not about substance. It is what his four predecessors possessed. issues that we know we have to con- not about moving the bill along. It is But that is not enough for the sup- sider. We are going to have to consider, about appearances and it is about as- porters of the Lieberman bill. They one way or another, whether we want sessing blame. I guess there is quite a want to deny the President the power to diminish the President’s national se- bit of embarrassment around here that to declare, on a national security basis, curity authority. Could there be any- we have spent 3 weeks and have essen- that we change the way the bureauc- thing more important than that? tially done nothing. Now apparently we racy works to allow him to put the We are going to have to decide want to give the appearance we are right person in the right place at the whether or not we are going to give trying to move this along so we file right time. this new Secretary management flexi- cloture, plus putting us in the position Let me give a concrete example of it. bility to deal with the new problems in on this side of the aisle of opposing clo- At Logan Airport in 1987, Customs any Governmental Department now- ture and make it look as if we are hold- agents decided they needed to change adays, especially in this one. ing up the bill, when we are the ones the way a room was structured in order We are going to have to decide what who have been trying to get our to do inspections and in order to im- kind of intelligence apparatus we are amendments up and considered. I do prove the quality of the inspections. going to have within this new Depart- not think the American people are The Treasury employees labor union ment eventually. going to buy that. objected and filed a complaint with the We are going to have to decide When it comes to matters of this im- Federal Labor Relations Authority whether we are going to give the Presi- portance, where we could come to- that said, under their union work rules, dent reorganization authority. gether on a bipartisan basis and ad- they had to sign off on a change in the We are going to have to decide all dress these issues, I say to those Amer- work space, and the FLRA ruled that these issues. All these issues have been icans, better luck next time, because the Customs Service could not change begging for consideration all this time. the matter has not gotten serious their inspections facility because it This Senator has been trying to get enough yet. We are only dealing with overrode a provision of that union con- them up for consideration. This Sen- the security of this country, but we are tract. ator took 6 days trying to get a vote on going to engage in our same old games. Let me remind my colleagues that the question of the nature of the White I have a suggestion that instead of two of those planes that were involved House person and whether or not he worrying about the appearances of in terrorist attacks flew out of Logan would be Senate confirmed. We finally, moving this bill, let us actually move Airport. Are we today to allow a work after 6 days, got a vote on that. It was it. We should defeat this cloture mo- agreement and the Federal Labor Rela- a voice vote, and it was adopted. That tion and get on with those issues we tions Authority to override the Presi- is the only substantive amendment we are going to have to address sooner or dent if he wants to improve security at have even had an opportunity to con- later and give us a chance of having a Logan Airport? I do not think so. I do sider. bill. not think the American people believe With that background, and before Therefore, I respectfully urge my col- that we should, but that is exactly considering any of these other issues at leagues to oppose cloture in this in- what is being proposed. all, or having any discussion, any de- stance. So I urge my colleagues to reject this bate, the other side has filed cloture. I yield the floor. idea that in the name of national secu- After taking up all this time on all The PRESIDING OFFICER. The Sen- rity we should take national security these other issues—days and hours of ator from Texas. power away from the President. If this

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.020 S19PT1 S8882 CONGRESSIONAL RECORD — SENATE September 19, 2002 cloture motion prevails, we will have ingstock of the world because of our ing days, weeks, and months what they only been allowed to offer one amend- work rules. That is the first time I need to do their job. Senator BYRD is ment, the Thompson amendment. A have ever heard that the American courageous to get out here and slow vote to kill it failed, but then for 31⁄2 Government is the laughingstock of this train down. days it was held in limbo. If this clo- the world for any reason. I have been in government a long ture motion is agreed to, a substitute This is the greatest country in the time. I started at local government amendment, which perhaps is sup- world, and I believe one of the key rea- many years ago. I was on a county ported by between 40 and 50 Senators, son, is our people and their dedication. board of supervisors. We ran the whole would not be able to be offered. I know one of the big issues between county—the court system, the emer- The majority had a right to file a clo- both sides and some on our side of the gency workforce, transit district, and ture motion—that is the way the Sen- aisle, as expressed by Senator MILLER the rest. One of the lessons I learned: ate works—but with all due respect I yesterday, is we should, in fact, change Do not do something that just looks think it was wrong to file it. I do not some of the worker rules and strip good; do not do something that just think it can be justified given we have some of those rules from this new De- sounds good; do not do something just had an opportunity to offer one amend- partment. I want to say respectfully I because it protects you politically; do ment, and I do not believe the Amer- will fight that with every bone in my something right. Mostly I learned, ican people would be in favor of ending body, as will the Senator from Georgia don’t do something so big, so huge, debate on this bill while its major fea- and the Senator from Texas, who will that there is less accountability rather ture takes power away from the Presi- oppose what my view is. than more accountability. dent to use national security waivers I want to say this and not linger on I thank Senator BYRD. I support the instead of preserving that power. So I it too long because we will have more cloture motion. I want to see a stream- urge my colleagues to vote no on this time. Every single one of the heroes of lined Homeland Security Department. cloture motion. 9/11—every fireman, every policeman, That is what I will work for. I conclude by reading a quote from every emergency worker—happened to I yield the floor. The PRESIDING OFFICER (Mr. MIL- Dwight David Eisenhower. I think it is be covered by work rules. They never LER). The Senator from Connecticut is very appropriate as we debate the looked at their watch and said, oh, my recognized. God, I am working overtime, I had bet- Homeland Security Department and its Mr. LIEBERMAN. Mr. President, I ter get out of here, or I am in danger structure. Ike said: yield myself such time as I may con- The right organization will not guarantee and I should be getting hazardous duty sume. success, but the wrong organization will pay. We never saw that. We saw an in- I rise to speak in favor of the cloture guarantee failure. credible dedication by workers who motion Senator DASCHLE has filed. It I believe the bill, as it is now struc- cared about what they were doing. I does seem to me that it is time to tured, is an unworkable organization. found it tremendously insulting to begin heading toward a conclusion of The President has said he will veto it, hear those words in the Senate. I will our deliberations on homeland security that he would rather have no bill than fight for those workers. and to have a final vote as soon as we this. When are we going to awaken and We are creating a homeland security can. This cloture petition is a way to give the President the tools he needs to office that is supposed to be second to begin to do that. I have said before, and finish the job? I hope it is soon, and I the Pentagon in defending the Amer- I will say it again, briefly, some of hope we begin today by voting down ican people. What do we do to the peo- members on the Governmental Affairs this motion to deny us the ability to ple who work in that Department? Committee have been at this for al- give the Senate an opportunity to work Make them second class. In my opin- most a year now. In fact, a certain its will on the President’s proposal. ion, that is disastrous. I have met some amount of activity began in Congress I yield the floor. of the workers. They are the heroes of before that. Congressman THORNBERRY The PRESIDING OFFICER. The Sen- tomorrow. They deserve to be treated of Texas, a distinguished Member of ator from California has a half hour. with respect, not stripped of the work- the other body, introduced legislation Mrs. BOXER. What are the rules? Do er rules that protect them. We will early in 2001, months before September I have to ask for a specific number of talk more about that. 11, to create a Department of Home- minutes or may I speak until I finish Briefly, I support the Byrd amend- land Security. That was based on the my remarks? ment, and I look forward to having a work of the so-called Hart-Rudman The PRESIDING OFFICER. The Sen- chance to speak at greater length. This Commission. ator from Connecticut controls 30 min- is a huge change in our Government. Our committee was carrying out utes. Under the current plan, much improved hearings on this matter, held one Mrs. BOXER. I ask Senator from the House—the Lieberman plan is prescheduled on September 12 on the LIEBERMAN if he will yield 5 minutes to much improved from the House question of how to protect the Amer- me to speak in favor of cloture on his version—we will be taking 170,000 em- ican people from terrorist assaults on amendment, and then address the Byrd ployees and shifting them over to a our cyber-systems, a point of vulner- amendment. new Department. Many of these agen- ability that we have to organize our- Mr. LIEBERMAN. Madam President, cies have multiple responsibilities—not selves to protect against. We held 18 I yield 5 minutes to the Senator from just to protect the homeland but, for hearings in our committee related to California for that purpose. example, in the Coast Guard search and homeland security and the creation of Mrs. BOXER. I thank the Senator rescue missions, so important to my the Department. Our committee re- very much for yielding me the time. home State. ported out a bill in May by a 9-to-7 As I begin my remarks, I offer my In the case of FEMA, when we have vote, unfortunately, a partisan split on thanks to both Senator LIEBERMAN and an earthquake, if we have a flood, or if the committee at that point. Senator BYRD for the work they have there is a hurricane anywhere in the President Bush endorsed the idea of a done on behalf of the American people country, FEMA must come and deal Homeland Security Department, and and for the principled and deliberative with it, deal with the people who suffer his proposed Department, most of the approach they have brought to this losses, deal with the businesses that recommendations were quite similar— very complex issue. suffer losses. I don’t understand why some exactly the same—as those con- I have tremendous misgivings about we have taken those agencies in whole tained in the bill that had come out of the size and shape of this Department, cloth and placed them in the new De- our committee in May on a partisan which I will address. I do want to seek partment. vote. We worked together with the cloture. I do want to see some finality. Senator BYRD says, yes, we need this White House and members of the com- I do think this is very important. Department of Homeland Security. He mittee. I was distressed yesterday to hear moves forward with the top level peo- On July 24 and 25 of this year, we had comments from the Senator from ple who will be bright and smart, who two long, thoughtful, productive days Texas, Mr. GRAMM, in which he said the will be able to look at their challenge of markup in our committee and re- American Government was the laugh- and let the Congress know in the ensu- ported out the amendment before the

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.022 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8883 Senate as the underlying amendment let’s have a system for having a finite The PRESIDING OFFICER. Without creating a Department of Homeland number of amendments come before objection, it is so ordered. The clerk Security. the Chamber. Let’s give people the op- will call the roll. We came to this bill immediately portunity to make this bill as it came The assistant legislative clerk pro- after we returned after Labor Day. out of the committee better than it is. ceeded to call the roll. This is the third week. A lot of the I think we have done a pretty good job. Mr. BYRD. Mr. President, I ask unan- days have not been full days. We have I described it yesterday, I believe, here imous consent that the order for the had the two-tiered system with appro- on the floor as obviously not perfect quorum call be rescinded. priations matters in the morning and but the first best effort toward taking The PRESIDING OFFICER. Without homeland security in the afternoon. the disorganization that exists now, objection, it is so ordered. There has been a lot of debate and I that is dangerous, and organizing not Mr. BYRD. Mr. President, neither hope a lot of consideration of the mer- just our Federal Government but our side seems to be interested in saying its and demerits of the various ideas. national strength to meet the terrorist anything at the moment. I have a Some of our colleagues on the other threat. statement I would like to make if both side of the aisle have begun to com- I just came from a meeting with sides would allow me to have the time, plain about the pace of action; that the some families of victims of September 10 minutes—I might be able to make it longer we wait to adopt a homeland se- 11. I have met with them several times in 10 minutes. curity measure, the longer it will take before. There were about 120 who we Mr. LIEBERMAN. I have no objec- to set it up, the more the American lost, who were residents of Con- tion. Mr. NICKLES. What was the request? people will be exposed to danger from necticut—a grievous loss. From the Mr. LIEBERMAN. The suggestion the terrorists who are clearly out first time I met with them, they asked Senator BYRD raises is since neither there. We see it every day in the paper. the question that echoes in my mind side is using the time allocated, he has We know it ourselves from briefings we and my heart, which is, How could this a statement he would like to make in have had, both open and classified. The have happened? And the subquestion is, the remaining time. enemy is there and not just at our Could this have been prevented so I Mr. NICKLES. I have a statement to door, but as we see from the arrests would not have lost a spouse, a child, a make on the vote we will have in 10 that occurred in Lackawanna, NY, parent, a friend? minutes, and then I will be happy to within the last week, they are inside This Department proposal is an an- yield. the house. swer to that question—not fully the an- Mr. BYRD. Mr. President, the Sen- It is time to move forward on the 90 swer to the question of how it could ator may have the floor if he wishes. percent of ideas that are pretty much have happened, but surely an answer to The PRESIDING OFFICER. The Sen- the same. We have some parts on which the plea that we take action to make ator from Oklahoma is recognized. we are in disagreement. Senator sure nothing such as September 11 ever Mr. NICKLES. Mr. President, I am GRAMM and the occupant of the chair, I happens again. It is for that reason I happy to have the Senator from West gather, have a substitute amendment. support the cloture motion and hope Virginia speak. I do wish to speak on We have various amendments to try to my colleagues, on a bipartisan basis, the issue we have before us. alter the underlying amendment. Let’s will vote for it so we may then go for- Parliamentary inquiry: The unani- get on with it. ward on a bipartisan basis to adopt a mous consent calls for a vote at 12:30; I must say, I am puzzled, having bill that will, as soon as possible, cre- is that correct? heard the Senator from Texas speak a ate a Department of Homeland Secu- The PRESIDING OFFICER. Twenty- few moments ago, how those who have rity. two minutes remain, according to a claimed we are not moving fast enough I yield the floor. subsequent unanimous consent agree- toward adopting a Department of The PRESIDING OFFICER. Who ment. Homeland Security bill because of the yields time? Mr. THOMPSON addressed the Chair. dangers involved are now going to vote Mr. LIEBERMAN. I suggest the ab- The PRESIDING OFFICER. The Sen- against this cloture petition, which, of sence of a quorum. ator from Tennessee is recognized. course, as all the Members know, The PRESIDING OFFICER. The Mr. THOMPSON. May I ask how would essentially narrow the debate, clerk will call the roll. much time our side has remaining? The PRESIDING OFFICER. There re- begin to move us toward germane Mr. BYRD. Mr. President, will the main 101⁄2 minutes. amendments, and hopefully say to our Senator yield briefly? The PRESIDING OFFICER. Will the Mr. NICKLES. The vote is antici- colleagues and to our country that we Senator withhold? pated to be at 12:30? are getting close to that time when we Mr. LIEBERMAN. Yes. Does the Sen- The PRESIDING OFFICER. It is have to act. ator wish to speak on the cloture mo- 12:40. I am puzzled why people who have tion? Mr. NICKLES. Will the Senator yield complained about the pace of action on Mr. BYRD. Not at length. Just a mo- me a few minutes? the Department of Homeland Security ment. Mr. THOMPSON. I yield such time as bill would vote against this cloture mo- Mr. LIEBERMAN. I am happy to the Senator may consume. tion, against a vote on cloture. I hope yield time to the Senator as he needs. The PRESIDING OFFICER. The Sen- they give it a second thought. Not only Mr. BYRD. Yes. Mr. President, John ator from Oklahoma is recognized. is there a critical urgency that we Stuart Mill said: Mr. NICKLES. Mr. President, I think move forward to adopt this bill, get it On all great issues, much remains to be we have had some good debate. I am to a conference committee with the said. not here to debate the substance of the House, get it to the President’s desk, This is a great issue. Much remains two proposals, but I am here to debate have it adopted, begin the work of cre- to be said. I understand that some said strongly against voting for cloture. It ating the Department, but, Lord that I have been filibustering and hold- seems like I was here yesterday doing knows, we have a lot of other impor- ing the floor. I would like to hear that the same thing on the Interior bill. I tant work to do in this Senate and in again. I am not holding the floor. am going to do it again. My friend and the Congress generally, with appropria- On all great issues, much remains to be colleague for whom I have the greatest tions bills, with matters related to po- said. respect, the Senator from West Vir- tential military action against Iraq, I hope other Senators will say much ginia, knows the Senate rules better matters related to the economy—par- on the pending amendment, the Reid- than any—I mentioned yesterday that ticularly the retirement security of the Byrd amendment. The floor is open. we are getting way too frivolous about American people, reactions to the cor- The PRESIDING OFFICER. Who dropping cloture votes every time porate scandals that have occurred yields time? If no one yields time, time somebody wants to have a vote. It about which there is broad bipartisan will be charged equally to each side. achieves no purpose whatsoever. interest in having us do something. Mr. LIEBERMAN. Mr. President, I That is exactly what is going to hap- I think the time is now. I think each suggest the absence of a quorum, and I pen here. Cloture is a very serious proof us ought to vote for cloture and then ask the time be equally divided. cedure. That limits a Senator’s ability

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.025 S19PT1 S8884 CONGRESSIONAL RECORD — SENATE September 19, 2002 to offer amendments. The Senate of the tarian procedures, it may well be ruled agendas, but no one on this side of the United States is one of the greatest in- nongermane. aisle wants to filibuster this bill in any stitutions in the history of democracy, Mr. BYRD. Mr. President, will the way, shape, or form. and we are going to have cloture. I Senator yield? I will say the same thing for the Inte- have heard some colleagues say they Mr. NICKLES. I would be happy to rior bill. We had a vote on cloture on hope it is invoked. If it is, that means yield. the Interior bill. I heard the Senator the amendment the Senator from Ten- Mr. BYRD. Mr. President, I know from West Virginia say he wouldn’t fil- nessee, Mr. THOMPSON, is offering, what the Senator is saying. We all ibuster. We are not filibustering. Clo- along with Senator GRAMM and Sen- know the Parliamentarian gives guid- ture is supposed to shut off debate. ator MILLER, cannot be offered because ance, but I hope when the Senator Why? We are not having extended de- it would be nongermane. Are we going talks about the Parliamentarian and bate. We are not stretching out debate, to deny them the opportunity to offer the aid which the Parliamentarian not on Interior—and not on Homeland an amendment they have worked hard gives, we are talking about the ruling Security. We are willing to vote on the on and which every colleague in this of the Chair. It is not the ruling by the amendments on the Department of the body knows they are entitled to offer? Parliamentarian, with all due respect Interior, and vote. We may win; we Are we going to file cloture so you to the Parliamentarian. The Chair gets may lose. I have won some; I have lost can’t offer amendments to it? the guidance of the Parliamentarian. some. That is part of being a legislator. I am amazed at how quickly people But it is still the ruling by the Chair. The same thing for Homeland Secu- draw their gun of cloture to deny Sen- Mr. NICKLES. I appreciate my col- rity; let us vote on the alternative. ators on both sides the opportunity to league saying it is the ruling of the Mr. BYRD. Mr. President, will the offer amendments. I know there are a Chair. And the ruling would be fol- Senator yield? lot of amendments that are floating lowing the advice most likely of the Mr. NICKLES. I would be happy to around. I have heard people say, for ex- Parliamentarian who would be fol- yield. ample, I think I might do an amend- lowing the precedents of the Senate. Mr. BYRD. Mr. President, I wish we ment dealing with the intelligence op- And the precedents of the Senate would would get on with Interior and the eration. Those amendments, in almost be postcloture germaneness, which is other appropriations bills. The Senate all likelihood, would be nongermane. very strict, indeed. And most germane Appropriations Committee, as I have I just urge my colleagues to let us re- amendments would fall. We have just said many times, has reported all 13 ap- spect the rights of individual Senators begun this debate. propriations bills. We did that long to offer amendments. I will tell my friend and colleague, ago. Senator STEVENS and I, and every Mr. LIEBERMAN. Mr. President, will who is also the chairman of the Appro- Republican and every Democrat on the Senator yield for a question? priations Committee, that we agreed to that committee voted. We have 13 ap- Mr. NICKLES. I would be happy to allow two bills to go simultaneously— propriations bills on the calendar. yield. Interior and the Department of Home- If we cannot finish the Interior ap- Mr. LIEBERMAN. I ask my friend land Security. Neither bill is moving, propriations bill, will the Senator help from Oklahoma—I have not had an op- much to my chagrin as a person who us to get unanimous consent to proceed portunity given to me to look at the realizes we only have 10 days left in to other appropriations bills? We could substitute that may be offered by the this fiscal year, and we haven’t been take up Senate appropriations bills. We Senator from Texas—why would it be passing appropriations bills. We dual- don’t have all of the House appropria- germane if parts of it don’t relate to tracked some bills when the Senator tions bills. The House Appropriations homeland security? from West Virginia was majority lead- Committee has not reported all 13 ap- Mr. NICKLES. I appreciate the ques- er. We dual-tracked bills under Bob propriations bills. But we have re- tion of my good friend. I am sure he is Dole as well. Sometimes it works. For ported all of the 13 Senate appropria- aware of the Senate rules postcloture. the last 3 weeks it has not worked. tions. Germaneness requirements are so We haven’t made adequate progress Will the Senator and his side of the strict that they prohibit a lot of on Homeland Security, and we haven’t aisle help us to get unanimous consent amendments; amendments that are, made adequate progress on Interior. to go to the other appropriations bills? frankly, quite germane wouldn’t be Maybe it is because all of us have to Mr. NICKLES. I would be happy to germane by the ruling of the Parlia- fight or to wrestle with too many respond to my good friend and col- mentarian and by the history and issues simultaneously. I am not sure. league. I will help you try to get the precedents of the Senate. But the progress on both bills has been appropriations bills done. I will also We have all been around here for a rather poor. tell you what I told my very good while—some of us longer than others. If we want to—and I want to—pass friend, Senator REID. I will object to Postcloture germaneness is very strict every appropriations bill by the end of dual-tracking on homeland security and would prohibit probably 90-some the fiscal year and have them on the and appropriations bills simulta- percent of the amendments to be of- President’s desk for his signature, or neously because it doesn’t work. I fered. Any Senator could offer amend- for his veto. I think that is our con- think maybe we should have a little ments to strike a section of the Sen- stitutional responsibility. We are not greater focus and stay on homeland se- ator’s bill. I guess we have been doing getting it done. That is disappointing curity. that a long time, but that is not the me. I don’t care if we stay all night and way to do it. The Senator from Texas I happen to think there probably is all weekend, this is an important issue. should be entitled to offer his amend- no greater issue confronting this Con- We ought to finish it. ment. Senator MILLER cosponsored the gress than the Department of Home- I will tell my friend and colleague amendment. A lot of us have cospon- land Security. And I think we should from West Virginia that I will stay all sored the amendment. We want to have have the opportunity to be able to offer night, and we will help finish these ap- the right to offer that amendment. alternatives. If cloture is invoked, I am propriations bills. I don’t care if we I haven’t asked the Parliamentarian. afraid the primary alternative au- have to work every weekend between But I would guess, if the Parliamentar- thored by Senators GRAMM, MILLER, now and the end of the year, let us do ians have reviewed the language, they THOMPSON, and myself wouldn’t be al- it. But I don’t like this idea of dual- would find that amendment would be lowed postcloture. tracking unless we have a greater un- nongermane postcloture. It is germane That is why I would say in fairness derstanding on the Interior bill. Let us to the subject. It would be germane by that we can count votes. I know you finish it. almost anybody’s definition of ger- are not going to get cloture. I do not I used to manage the Interior bill. I maneness because we are talking about know why we are doing it. If we gave worked with my colleague. I was chair- homeland security. It would be ger- you cloture, we could tie this place up. man of the committee. I was chairman, mane because it is the President’s pro- Nobody is filibustering this bill. and I was ranking. We did the Interior posal. The White House worked on it, No one—at least on this side. Maybe bill year after year, I might mention, but according to strict Parliamen- others are. Maybe others have different with my colleague, Senator REID, also

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.029 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8885 assisting on the floor. We did that bill Senator from Tennessee on the issue at Mr. REID. I thank the Senator. generally in 3 days. We got it done. It hand. I appreciate the consideration of Mr. President, I simply want to say is usually a bipartisan bill, and it the Chair and my friends. this. It is obvious there are efforts would usually pass with 90 votes. I yield the floor. made for us to do nothing in the Sen- Mr. BYRD. Mr. President, will the The PRESIDING OFFICER. The Sen- ate. And that is being accomplished al- Senator yield? ator from Connecticut is recognized. most 100 percent because we basically Mr. NICKLES. I would be happy to Mr. LIEBERMAN. Mr. President, I are accomplishing nothing. yield. wish to speak very briefly, and then I The majority leader has attempted to Mr. BYRD. Mr. President, Shake- will yield. The Senator from Nevada invoke cloture on the Interior bill so speare said the Senator ‘‘is a man of has withdrawn his request to speak. we could move on. We are hung up with my own kidney.’’ Some would say ‘‘a Let me say a few words. an amendment dealing with fireman after my own heart.’’ The Senator My friend from Oklahoma has talked fighting, which is too bad; Neither side said he is willing to stay here all night about his concern that the substitute has 60 votes. The rules have been in ef- and get these appropriations bill done. that the Senator from Texas, Mr. fect for 215 years, basically, with some Let us do that. GRAMM, has fashioned would not be minor changes. Those are the rules of I believe the objections from the ruled germane. I don’t know because I the Senate. You need 60 votes on con- other side of the aisle on moving those have not seen it. But, of course, there troversial issues. So we cannot move bills is the word out of the White is another alternative here, which is on Interior. That is too bad. House. I am just thinking—I am pre- the normal course. And on homeland security, the Presi- I refer back to our Governmental Af- suming, some things which I have seen dent has talked to every Senator in fairs Committee’s deliberations on the and heard are to that effect—that the this room about the importance of that bill in which, after we put our mark word has come out of the White House. piece of legislation. Why can’t we move down, Senator THOMPSON, as ranking Has it come out of the White House to on? If cloture were invoked on this, it member, offered several amendments the Speaker of the other body? would narrow the time with which we going to powers of the President to re- That is where appropriations bills have to work on this bill. It would go organize, the latitude over appropria- generally originate. Appropriations to conference, of which the President tions, obviously much interest in civil bills generally and customarily origi- has tremendous clout in the con- service, collective bargaining ques- nate in the House. tions, some dispute over the exact pow- ference, and get this bill down to him. Can the Senator inform me as to I am seriously thinking that there ers of division of intelligence in the whether the word has come down from are efforts being made here that we new Department that all of us agree on high to the House to hold up those ought to be created, but we disagree on don’t finish this bill, and then that we, appropriations bills? The House has not what powers it should have. the majority, can be blamed for not moved those appropriations bills, and Again, I am not the Parliamentarian, completing the homeland security bill. it is not because of the House chair- but picking up on what the Senator We want to complete this bill. Even man, Mr. YOUNG. He would eagerly from West Virginia has said, it cer- Senator BYRD, who, as everyone move those bills. tainly would seem to me there would knows—because he stated it on the Can the Senator elucidate on this be ample basis for whomever the Pre- floor—has problems with this piece of question? siding Officer is at the time to rule legislation, signed a cloture motion. The PRESIDING OFFICER. The Sen- that the kinds of amendments that the We all know we have to move on with ator’s time has expired. Senator from Tennessee offered in this piece of legislation. Mr. BYRD. I hope the Senator will committee—which put it in issue and Mr. NICKLES. Will the Senator have a minute at least to respond. Will give the Senate a choice of what I yield? Mr. REID. I am happy to yield for a the Senator from Connecticut yield? think are the remaining relatively The PRESIDING OFFICER. The Sen- question. small number of issues in con- ator from Connecticut controls 11 min- Mr. NICKLES. Does the Senator troversy—would, in fact, be ruled ger- utes. think it would expedite completion of mane. So that is the way to get this Mr. LIEBERMAN. Does the Senator homeland security if we allow Senator moving. wish unanimous consent for an addi- Mr. NICKLES. Will the Senator GRAMM’s and Senator MILLER’s amend- tional moment? yield? ment to be adopted, or at least be Mr. REID. Mr. President, we are not Mr. LIEBERMAN. For a question. voted on? Let’s have an up-or-down going to extend the time for the vote. Mr. NICKLES. Just knowing vote on the Gramm-Miller substitute, I don’t mind Senator LIEBERMAN yield- postcloture, if the Senator from Ten- let’s have an up-or-down vote on ing him some of his time. nessee offered the substitute section Lieberman, and maybe a couple other Mr. LIEBERMAN. Mr. President, I dealing with collective bargaining, amendments, and we can complete this yield the Senator a minute of my time. dealing with Presidential flexibility, I bill. Mr. NICKLES. Mr. President, I appre- can assure you—or my guess is—that 90 Mr. REID. Well, Mr. President, we ciate my good friend from Connecticut percent of those would be ruled non- have spent days here. People are blam- doing that. germane. And that is just the facts of ing Senator BYRD for slowing things I just say, since I have taken all of the postcloture rules in the Senate. down. All anyone has to do, when Sen- Senator THOMPSON’s time, I hope Sen- I understand what you are saying. ator BYRD sits down, is move to table ator THOMPSON, if he wishes, will be One way we can nibble, we can strike. his amendment, or what is going on at able to speak on the issue. We have had We can always strike, but if we wanted the time. There has been unending an interesting colloquy. And I am to have strike-and-insert language, stalling on this piece of legislation. happy to extend that time. most of those amendments would be I repeat, the President has talked to I am happy to work with my friend ruled nongermane. That is the reason me. He has talked to the Presiding Of- and colleague. I happen to be one who why I am urging my colleagues to vote ficer. He has talked to the managers of thinks the Senate does not have to no. the bill. He has talked to Senator NICK- wait on the House. It is tradition. It is Mr. LIEBERMAN. I thank my friend. LES—everybody—about this bill. He be- not constitutional. But the Senate has My answer would be, again, I have lieves this is important. Let’s move on not been setting records. Well, maybe not seen the exact components of the with it. If this bill comes out of the we are setting records on Interior. We substitute from the Senator from Senate, and it is not perfect, what he have been on it for 3 weeks and have Texas, but as my staff has heard it de- wants, he controls the House of Rep- not finished it. So we are not doing our scribed, it follows pretty closely after resentatives. He has tremendous, I re- job. Maybe the House isn’t getting its the House bill, which, again, if I were peat, clout with the Senate. job done, either. Hopefully, both will in the chair I would think are germane. We want to get this bill done. Let’s get it done. I want to yield a few moments—as move on. I would hope my colleague from Con- much time as he would like—to the dis- Mr. NICKLES. Will the Senator necticut would yield some time to the tinguished Senator from Nevada. yield?

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.031 S19PT1 S8886 CONGRESSIONAL RECORD — SENATE September 19, 2002 Mr. REID. I am happy to yield for an- critical infrastructure, weapons of chunk of the federal budget—at least other question. mass destruction, bioterrorism, bio- $40 billion, not counting transition Mr. NICKLES. I don’t think I heard metric identifiers, and identity theft. costs. an answer to the question. Shouldn’t Above all, what stood out at these As we begin this massive reorganiza- Senators GRAMM and MILLER be enti- hearings was the lack of coordination tion, it is critical to do everything we tled to offer their amendment? And among specific agencies involved in can to stay focused and organized in you also said there are some people homeland security, bolstering the need the fight against terrorism. stalling. There is nobody on this side of for fundamental reorganization of our Nothing could be worse than if this the aisle who is stalling this piece of counter-terrorism effort. reorganization effort distracted from legislation. And either side can move For example, we dealt with the prob- the real work of the good people in to table Senator BYRD’s amendment. I lems at the National Infrastructure these agencies—people who are con- am happy to do that. But I am going to Protection Center, NIPC, the chief tinuing the difficult, complex, and on- always insist that our colleagues have body for coordinating the Federal re- going fight to prevent future acts of a right to offer their amendment. sponse to cyber-terrorism attacks. terrorism. Won’t you agree with me to give Sen- The hearing revealed that NIPC had We must also be sure to strike an ap- ator GRAMM and Senator MILLER a vote strong investigative capabilities but propriate balance regarding which on their amendment? was weak in analysis, warning and out- agencies to move and why. Mr. REID. Nobody is stopping them reach. Nowhere is this more critical, in my from having a vote on their amend- Now, under the homeland security mind, than with the Immigration and ment. Who says their amendment is legislation, NIPC’s investigative re- Naturalization Service. One of the most alarming facts about not germane? sponsibilities will remain at the FBI September 11 is how the terrorists used Mr. NICKLES. Cloture would stop but the other functions will be trans- our visa system to enter the United them from having a vote. ferred to the Homeland Security De- States with impunity. They lingered Mr. REID. I would doubt that it is. partment. here, undetected and under the radar, But whatever are the rules of the Sen- These overall shortcomings in while some were even reissued visas ate are the rules of the Senate. counterterrorism led me to introduce after the attacks. Mrs. FEINSTEIN. Mr. President, as appropriate legislation. Because of this—and because I have this Nation wages our war against ter- Following the terrorist attack on the long believed our borders to be sieves— rorism, I rise today in support of the U.S.S. Cole, Senator KYL and I intro- last year I introduced the Border Secu- Lieberman substitute amendment to duced the Counterterrorism Act of 2000. rity and Visa Reform Entry Act, with H.R. 5005, the Homeland Security Act. This legislation would have imple- Senators KYL, KENNEDY and We must take this critical step now, in mented a number of recommendations BROWNBACK. a way that protects both our liberties made by the congressionally-mandated Now that this legislation is law, the and our lives. National Commission on Terrorism. Congress must work closely with the I commend my colleague, Senator The Senate passed this administration to ensure that its pro- LIEBERMAN, and the entire Committee Counterterrorism Act unanimously, be- visions are properly and timely imple- on Government Affairs for drafting fore the end of the 106th Congress. Un- mented. such meaningful and comprehensive fortunately, the House did not act on The main thrust of this legislation legislation. the bill before it adjourned. was to prevent terrorists from entering The Government Affairs Committee But we are in a dramatically dif- the United States through gaping loop- reported the bill on a strong bipartisan ferent world now—and we are facing an holes in our immigration and visa sys- vote of 12 to 5—a clear sign of substan- enemy capable of any striking out any- tem. tial support. It is unfortunate that the time, anywhere, and by a wide variety Yet there is still much more to do, President has threatened to veto this of methods. The need for a Department because the future of the Immigration legislation. of Homeland Security could not be and Naturalization Service is critical It fills me with a deep sense of sad- greater. to our homeland security efforts. ness that it took the tragedy of 1 year More important than getting it done, To do this means ensuring that the ago to bring us this far. The deaths of however, is getting it done right. immigration agency has the sufficient nearly 3,000 people showed us, beyond a There are four key areas that I would personnel and resources to get the job shadow of a doubt, that our Govern- like to address: the overall structure of done. Without doubt, this is a daunting ment was ill-prepared to tackle the the new department, the critical role of task. multifaceted threat of terrorism. immigration to homeland security and When the President first released his We would be doing a great disservice the future of the INS, my concerns proposal to create a new Department of to the memory of those that perished about intelligence sharing, the need for Homeland Security, I had major con- on September 11—and to the citizens strong oversight over the money we cerns about transferring all immigra- this new department will be sworn to spend fighting terrorism, and the im- tion functions into a department made protect—if we fail to adopt a more ef- portance of protecting our civil serv- up of more than 25 different agencies fective system to combat terror. ants. and burdened with 120-plus different As a member of the Senate Select In- The task before us is enormous—the missions. But if such a transfer is to telligence Committee and chairman of largest restructuring of the federal take place, the Lieberman substitute the Judiciary Subcommittee on Tech- government in half a century. would implement it in the best possible nology, Terrorism, and Government In- It come as no surprise that this last way. formation, I have been immersed in the reshuffling was in response to a new The President’s proposal contained a debate on homeland security for a long and unexpected war—the cold war. The mere two and a half pages of legislative time now. Department of Defense, the CIA and language abolishing the INS and per- I believe that we need to reorganize the National Security Council were mitting the administration to divide agencies to better fight the war on ter- created by the National Security Act the immigration system. ror and I think that the creation of a of 1947. The White House would divide the Department of Homeland Security is a Begun in the immediate aftermath of INS with little direction as to how the good first step. World War II, the restructuring took agency would meet its new homeland This belief grew largely out of exten- years of work and compromise between security mission, and with little input sive hearings. In the 107th Congress the executive and legislative branches. from Congress. It would also establish alone, the Technology and Terrorism To think we could undertake a similar a weak executive to oversee the immi- Subcommittee has held 16 hearings operation in a matter of days or weeks gration functions. with 79 witnesses on counterterrorism. is simply not practical. Finally, the administration’s pro- Other subcommittee hearings cov- We are talking about some 200,000 posed new structure fails to adequately ered narcoterrorism, seaport security, federal jobs, from over 20 agencies, to respond to intelligence failures at the the National Guard, cyberterrorism, be shuffled around. Add to this a large hands of our front-line agencies.

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.033 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8887 For example, the General Accounting It would also preserve the functions First, how we protect innocent civil- Office and the Justice Department’s Of- of apprehending and adjudicating im- ians, immigrants and citizens alike, fice of the Inspector General has re- migration claims of such children and while uprooting terrorists and pre- peatedly criticized the INS for its fail- repatriating a child to his home coun- venting terrorist attack, and second, ure to adequately train its officers to try when the situation warrants within how we organize such a large depart- properly analyze intelligence informa- the Immigration Affairs Agency, under ment in a way that avoids duplication tion it collects from the field and from the larger umbrella of homeland secu- and inefficiency. other agencies. rity. With respect to this last question, Yet the administration’s bill fails to The unaccompanied alien child pro- the Lieberman bill is a marked im- create a mechanism by which Federal tection provisions would transfer the provement from the present situation, authorities can share critical informa- care and custody of these children to where more than 100 Federal agencies tion with INS more quickly, so that the Department of Health and Human across the government play some role the agency’s officers and adjudicators Services. Its Office of Refugee Resettle- within homeland security, not to men- can make the right decisions about ment office has real expertise in deal- tion all 50 states and literally thou- whom to admit and whom to deny ing with both child welfare and immi- sands of localities. entry into the United States. gration issues. On one level, success depends on how The Lieberman substitute, on the These provisions would also establish the federal merges with State and local other hand, would establish two sepa- minimum standards for the care of un- government—the so-called ‘‘first re- rate enforcement and service bureaus accompanied alien children; provide sponders’’—and from the cooperation of with clear lines of authority. This mechanisms to ensure that unaccom- citizens. would ensure that: the agency’s mis- panied alien children have access to This is true on a variety of issues, sions are straight-forward, that they counsel, and have a guardian ad litem from preventing possible attacks, are properly managed and staffed, and appointed to look after their interests; through shared intelligence, to react- that policies handed down from the Di- and provide safeguards to ensure that ing to when an attack strikes, and also rector or the deputy directors of the children engaged in criminal behavior how any emergency or rescue oper- two bureaus are implemented and fol- remain under the control of immigra- ations are able to respond. lowed in the field offices. tion enforcement authorities at all Success also depends on the need to The Lieberman substitute would also times. improve the collection, analysis and elevate the stature of the new immi- Roughly 5,000 foreign-born children dissemination of intelligence on home- gration agency executive—the Under under the age of 18 enter the United land security. To do this right, we Secretary for Immigration Affairs—and States each year unaccompanied by must not side-step possible failures put into place a strong agency execu- parents or other legal guardians. Some within the intelligence community tive. have fled political persecution, war, that occurred before the attacks of Right now, the Commissioner’s office famine, abusive families, or other life- September 11. is too low in the Justice Department threatening conditions in their home Understanding past problems is key hierarchy to hold much weight with countries. to future successes. We cannot afford other federal agencies. They often have a harder time than to make the same mistakes twice, es- It has little meaningful authority adults in expressing their fears or tes- pecially mistakes of such consequence. over the District Directors, who wield tifying in court, especially given their Earlier this year, FBI Agent Coleen enormous power, but are difficult to lack of English language proficiency. Rowley’s startling testimony before hold accountable. This would not nec- Despite these circumstances, the Fed- the Senate Judiciary Committee was a essarily change under the administra- eral response has fallen short in pro- real wake-up call. tion’s proposal. viding for their protection. Her accounts of the many layers of The Lieberman substitute would also No immigration laws or policies cur- bureaucracy at the FBI, and the many separate the enforcement and service rently exist to effectively meet the frustrations faced in reaching superiors functions of the INS, but place them needs of these children. Instead, chil- to authorize investigations, point to a within the same Directorate. dren are being force to struggle critical need to revamp the existing This would allow both bureaus to co- through a complex system that was de- structure of key agencies outside the ordinate such functions as inves- signed for adults. Homeland Security Department—a tigating visa fraud, and conducting The Immigration and Naturalization task as complicated as it is sensitive. background checks of applicants for Service detains some 35 percent of It has been suggested that this new visas, naturalization, other immigra- these children in juvenile jails. There Department of Homeland Security is tion benefits, and entry. they are subject to strip searches, destined to failure if it cannot gain ac- I am particularly pleased that the shackles and handcuffs. cess to all relevant raw intelligence Lieberman substitute contains the Un- Even worse, their experiences of de- and law enforcement data. accompanied Alien Child Protection tention and isolation are often as trau- I for one agree with such a scenario. Act, bipartisan legislation I introduced matic as the persecution they fled in We can’t be fixing major kinks in the in January 2001. their home countries. system a few years down the road, in I also believe that this illustrates These problems are emblematic of the wake of another intelligence fail- how important it is, given this enor- our immigration system. It is managed ure and another nightmarish attack. mous restructuring, that we be very by a bureaucracy ill equipped to help We’ve got to get it right, as best as careful not to lump every role of every the thousands of unaccompanied chil- possible, the first time around. agency under the umbrella of homeland dren in need of special protection. This will require answers to some security. This is why I urge my colleagues to tough questions. Unaccompanied children represent support these important measures. For starters: What kind of intel- the most vulnerable segment of the im- These changes would guarantee that ligence would the new department get? migrant population. the proposed Department of Homeland And what recourse will it have if it Clearly, most unaccompanied alien Security is not burdened with func- does not get the information it needs? children do not pose a threat to our nations that do not relate to its core mis- Both of these have yet to be ade- tional security, and must be treated sion. quately answered. with all the care and decency they de- Second, it would ensure that the INS I want to emphasize a point that serve, outside the reach of this new de- dedicate itself to its central functions many commentators have overlooked: partment. and not suffer mission overload. And fi- billions of taxpayer dollars are at stake More specifically, this measure, com- nally, the move would ensure that the in this debate over homeland security. prising Title XII of the Lieberman sub- interests of unaccompanied alien chil- As a member of the Appropriations stitute, would make critical reforms to dren are protected. Committee, I have studied what we the manner in which unaccompanied The future of the INS highlights two spend on combating terrorism and will alien children are treated under our distinct questions, which relate to the spend in the near future—are the num- immigration system. larger issue of homeland security. bers are staggering. We must ensure

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.054 S19PT1 S8888 CONGRESSIONAL RECORD — SENATE September 19, 2002 that this money is spent properly and The Lieberman bill gives the admin- We must be patient and thorough, not wasted. istration flexibility in these areas. and we must get this done right. According to the preliminary results While the collective bargaining rights Present and future generations depend of a General Accounting Office inves- of federal employees in the new depart- on us. tigation of the terrorism budget re- ment will be grandfathered in, the Mr. LIEBERMAN. Mr. President, how quested by me, Senators KYL, GRAHAM, President will be free to strip them of much time is remaining? and SHELBY, Congressmen SENSEN- their collective bargaining rights if the The PRESIDING OFFICER. Three BRENNER and CONYERS, the combating job of those employees changes. minutes. terrorism budget increased 276 percent To me, I could not imagine a more Mr. LIEBERMAN. Senator THOMPSON in just 1 year—and is going to increase ill-timed attack on the Federal em- asked me to yield him up to a minute, even more. Consider the following fig- ployee unions. After all, Department of and then I ask that Senator AKAKA, a ures: a $40 billion supplemental appro- Defense civilians with top secret clear- member of our committee, be allowed priation bill was passed shortly after ances have long been union members to close the debate with the remainder September 11 last year; the August 2002 and their membership has not com- of our time. emergency supplemental amounts to promised national security. The PRESIDING OFFICER. The Sen- $29 billion; and the fiscal year 2003 And many of the heroes of September ator from Tennessee is recognized. budget request is $45 billion. 11 were unionized. The New York City Mr. THOMPSON. Mr. President, I The GAO also found that firefighters who ran up the stairs to thank my friend from Connecticut. counterterrorism missions are spread their deaths did not see any conflict The Senator from Oklahoma is ex- over multiple agencies and appropria- between worker rights and emergency actly right. I go back to what I said tions, but no real cross-agency ter- response. when I made my opening statement a rorism budget exists. Neither the At a time of such massive restruc- few minutes ago. The bottom line is, President nor Congress has a clear idea turing of the Federal Government, we the important issues of national secu- of how much we are spending to fight must maintain as much continuity as rity authority for the President, man- terrorism. possible. By weakening workers’ bene- agement authority for the new Sec- The GAO recommends that extensive fits, the government risks losing many retary, what kind of intelligence com- interagency coordination and oversight highly qualified individuals to the pri- ponent we are going to have in this is needed not just to determine how vate sector. There is also a large per- bill, what kind of reorganization au- much we are spending to fight ter- centage of workers who, if push comes thority we are going to give the Presi- rorism but to figure out where our pri- to shove, can option for early retire- dent—all that would be wiped out if orities are. ment. this passed. None of that is going to be In addition, the GAO found a number This is no time for the Federal Gov- germane. of areas of potential overlap—areas ernment to suffer a so-called ‘‘brain Take the management part, for ex- where money seems to be wasted drain,’’ and be forced to train individ- ample. To be germane, it would have to through duplication of efforts. uals from scratch. be narrowing. If we struck the manage- These areas cut across every agency The last thing we want to do in the ment structure from the current bill, and include law enforcement, grant middle of our war on terrorism is lose that perhaps would be germane, but we programs for State and local govern- experienced employees on the front don’t do that. We suggest a different ment, weapons of mass destruction lines of this war—employees at the kind of management structure. I don’t training, critical infrastructure protec- Coast Guard, the Department of De- see how in the world that could be con- tion, research and development to com- fense, the Federal Emergency Manage- sidered germane. bat terrorism, and terrorist-related ment Agency, the Border Patrol, the What it would do would be to take medical research. Federal Aviation Administration, and that whole debate of management The creation of a new Homeland Se- other agencies that work around the flexibility—— curity Department alone will do noth- clock to prevent another attack. The PRESIDING OFFICER. The Sen- ing to solve these problems. Simply In closing, I would like to emphasize ator’s time has expired. moving agencies into a new organiza- my belief that, in this age of uncer- Mr. THOMPSON. And do away with tion is insufficient to minimize dupli- tainty, in these uneasy times, the it. I respectfully suggest that is not a cation and waste. good idea. We need to be sure that the Presi- United States deserves a unified, streamlined, and accountable Depart- I yield the floor. dent, his Homeland Security Adviser, The PRESIDING OFFICER. The Sen- and the Secretary of the new department of Homeland Security. Equally important, is the need to ator from Hawaii is recognized. ment work with Congress to assist guarantee that our efforts to combat Mr. AKAKA. Mr. President, today I agencies in consolidating terrorism rise to discuss the current flexibilities programs, eliminating duplicate ef- terrorism, much of which will come under the jurisdiction of this new de- available to agencies in the Federal forts, and coordinating complimentary Government and urge my colleagues to agency functions. partment, remain consistent to our democratic values and our commit- vote for cloture on this bill. The Presi- The issue of how best to ensure over- dent has called for flexibility to man- sight over funds to combat terrorism ment to an open and free society. age the workforce. I agree and have does not stand in the way of our get- We must protect legal immigrants said repeatedly that we must have the ting this legislation passed. The same and innocent children, who have no right people with the right skills in the cannot be said for the labor provisions. part in this war. We have always been As we know, these provisions remain a nation of immigrants—and to change right places. I have long been a pro- the major barrier between the White this fundamental truth would under- ponent of providing agencies with tools House and Congress. mine one of the pillars of our society. they need to better manage their work- I do not see any inherent clash be- If we fail on either of these fronts, force. I agree with the President that tween collective bargaining rights for the forces of terror would triumph agencies need flexibilities to carry out Federal employees and homeland secu- without another attack. agency missions. However, according rity. I believe that the Lieberman sub- to David Walker, Comptroller General And I support civil service protec- stitute amendment accomplishes this of the United States, agencies cur- tions at the new Department of Home- in a thorough and just way. A Depart- rently have many of the flexibilities land Security. ment of Homeland Security under its they need. Current law allows man- I support management flexibility, guidelines will go a long way in mak- agers to remove a Federal employee and I think that the Lieberman bill ing us more secure from terrorist at- from his post and suspend him imme- provides it. Under the bill, the new tacks. diately without pay if the head of the Secretary will have broad powers to I stand in support the Lieberman bill. agency finds that action necessary in hire and fire whom he wants. And I remain confident that the execu- the interests of national security, 5 The bill also includes a number of tive and legislative branches will be USC 7532; new flexibilities in recruitment, hiring, able to work out any existing dif- Swiftly reassign Federal employees training, and retirement. ferences. to fight terrorism and reassign Federal

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.057 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8889 employees to similarly graded posi- this authority would give agencies the The question is, Is it the sense of the tions or detail them from other agen- flexibility required to reorganize the Senate that debate on the Lieberman cies or within the Department and the workforce should an agency need to un- amendment No. 4471 to H.R. 5005, an employees who refuse reassignments or dergo substantial delayering, transfer act to establish the Department of details may be terminated, 5 CFR part of functions, or other substantial work- Homeland Security, and for other pur- 335; force reshaping. The provision would poses, shall be brought to a close? Retrain, reassign and reshape their allow agencies to reduce high-grade, The yeas and nays are required under workforce; managerial, or supervisory positions, the rule. Choose whether to fill a vacant posi- correct skill imbalances, and reduce The clerk will call the roll. tion from the outside or the inside, operating costs without the loss of full The assistant legislative clerk called eliminate positions due to changes in time positions. the roll. programs, lack of funding, reduction in To address the impending human Mr. NICKLES. I announce that the workload, reorganizations, privatiza- capital crisis, the government will Senator from Idaho (Mr. CRAPO) is nec- tion, ‘‘divestiture,,’’ or contracting need to retain Federal employees with essarily absent. The PRESIDING OFFICER (Mr. ED- out; establish personnel ceilings, or de- institutional knowledge. To assist in WARDS). Are there any other Senators cide to re-employ a returning worker; this effort, the amendment increases in the Chamber desiring to vote? determine the job or jobs to be elimi- the cap on the total annual compensa- The yeas and nays resulted—yeas 50, nated in the context of a reduction in tion of senior executive, administra- nays 49, as follows: force, and unilaterally reassign em- tive law judges, officers of the court, [Rollcall Vote No. 218 Leg.] ployees to vacant positions in the and other senior level positions to YEAS—50 agency; allow career executives to receive per- Have additional management rights formance awards and other authorized Akaka Dodd Levin Baucus Dorgan Lieberman including: promotions; adverse actions, payments. Bayh Durbin Lincoln suspensions for 14 days or less; suspen- The Akaka-Voinovich amendments Biden Edwards Mikulski sion for more than 14 days; removals; also helps ensure that we have a world- Bingaman Feingold Murray Boxer Feinstein Nelson (FL) demotions, reductions in grade or pay; class Federal workforce and can retain Breaux Graham permit the return of a career appointee talented Federal employees who wish Nelson (NE) Byrd Harkin Reed Cantwell Hollings from the Senior Executive Service, to continue their education. This pro- Reid Carnahan Inouye SES to the GS or another pay system; vision reduces restrictions on providing Rockefeller Carper Jeffords Sarbanes the power to reassign, transfer, and de- academic degree training to Federal Cleland Johnson tail or fire of a career SES employee; employees and requires agencies to fa- Clinton Kennedy Schumer determine the substance of a position cilitate online academic degree train- Conrad Kerry Stabenow Corzine Kohl Torricelli description, its performance standards ing. Daschle Landrieu Wellstone of an employee’s position, and award, As a result of the current flexibilities Dayton Leahy Wyden or not award, performance payments; and those provided in the Lieberman NAYS—49 Decide whether employees have substitute, it is curious why the Presi- Allard Frist Nickles earned pay increases known as ‘‘step’’ dent continues to demand additional Allen Gramm Roberts increases, based upon performance, and flexibilities. As I have previously stat- Bennett Grassley Santorum are able to grant employees additional ed, studies indicate that the flexibili- Bond Gregg Sessions financial ‘‘incentive awards’’ such as ties at the Federal Aviation Adminis- Brownback Hagel Shelby Bunning Hatch performance-based cash awards, special tration and the Internal Revenue Serv- Smith (NH) Burns Helms Smith (OR) act or service awards, and quality step ice have not provided the intended re- Campbell Hutchinson Snowe Chafee Hutchison increases; and sults and employee morale is very low. Specter Cochran Inhofe Stevens Decide whether to award recruit- With such uncertainty in additional Collins Kyl Thomas ment, retention, and relocation bo- flexibilities and the great importance Craig Lott nuses worth up to 25% of base salary. DeWine Lugar Thompson of this new agency, I question the need Thurmond In addition, the Lieberman sub- for such a broad grant of power. I be- Domenici McCain Ensign McConnell Voinovich stitute provides additional flexibilities lieve the existing flexibilities and the Enzi Miller Warner Governmentwide. The Voinovich- Voinovich-Akaka provisions provide Fitzgerald Murkowski Akaka amendment, which was included agencies the tools that they need to NOT VOTING—1 in the Lieberman substitute unani- manage effectively their workforce. I Crapo mously by the Governmental Affairs urge my colleagues to support the The PRESIDING OFFICER. On this Committee, allows agencies to hire Lieberman substitute and vote for clo- vote, the yeas are 50, the nays are 49. candidates directly and bypass the cur- ture. rent requirements under Title 5 once Three-fifths of the Senators duly cho- CLOTURE MOTION sen and sworn not having voted in the OPM has determined that there is a se- The PRESIDING OFFICER. Under vere shortage of candidates for the po- affirmative, the motion is rejected. the previous order, the clerk will re- The Senator from Connecticut. sition. port the motion to invoke cloture. Mr. LIEBERMAN. Mr. President, I This provision allows agencies to The assistant legislative clerk read ask unanimous consent that Senator streamline its staffing procedures by as follows: REED of Rhode Island be recognized for authorizing use of an alternative meth- CLOTURE MOTION up to 10 minutes to speak as in morn- od for selecting new employees instead We, the undersigned Senators, in according business; that when he has com- of the traditional rule of three. This ance with the provisions of rule XXII of the pleted his remarks, a quorum call be will make the Government more com- Standing Rules of the Senate, hereby move entered, and that when the quorum call petitive with the private sector by im- to bring to a close the debate on the is ended, the Senator from Con- Lieberman substitute amendment No. 4471 proving the Federal hiring process. necticut, as manager of the pending Under the new system, the agency may for H.R. 5005, Homeland Security legislation. Jean Carnahan, Herb Kohl, Jack Reed legislation, be recognized. divide applicants into two or more The PRESIDING OFFICER. Is there quality categories based on merit and (RI), Richard J. Durbin, Kent Conrad, Paul Wellstone, Jim Jeffords, Max Bau- objection? select any candidate from the highest cus, Tom Harkin, Harry Reid (NV), Without objection, it is so ordered. category while maintaining veterans Patrick Leahy, Jeff Bingaman, Barbara The PRESIDING OFFICER. The Sen- hiring preference. Boxer, Byron L. Dorgan, Mark Dayton, ator from Rhode Island. The amendment provides Govern- Debbie Stabenow, Robert Torricelli, f mentwide authority for Voluntary Sep- Mary Landrieu, Joseph Lieberman, aration Incentive Payments and Vol- Robert C. Byrd. THE ECONOMY untary Early Retirement Authority, The PRESIDING OFFICER. By unan- Mr. REED. Mr. President, I thank the two provisions currently in place in imous consent, the mandatory quorum Senator from Connecticut for his gra- limited situations. The expansion of call under the rule is waived. cious intervention on my behalf. We

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.012 S19PT1 S8890 CONGRESSIONAL RECORD — SENATE September 19, 2002 are debating today homeland security. gation in these remaining days to pro- In addition to these tax numbers, we We are also engaged in another signifi- tect a basic tenet of economic security have to understand that these tax cuts cant debate about international secu- in this country, and that is to provide have put enormous pressure on other rity in the context of Iraq and the war extended unemployment benefits. programs that are decisive for every on terror. But as Senator DASCHLE re- The 1,474,000 will increase, and these American, but particularly important minded us, we also have to be con- individuals will not have the support for low-income Americans: Medicaid cerned about economic security in the they need to provide for their families. Programs, Medicare Programs, a host United States. The little bit of growth we have seen so of other programs that need Federal Frankly, the economic numbers we far is not going to head off a jobless re- support. That support has been have been seeing lately do not give covery. strained dramatically because of the much confidence to the American peo- It should be noted that when Presi- pressure of the tax cut. ple that their economic security is dent George Herbert Walker Bush was We are at a point now where we have being protected. As the vice chairman President and we were in a reces- to act. We have to act in the very short of the Joint Economic Committee, I sionary period in 1991, the unemploy- run to restore extended unemployment have the opportunity to review, along ment rate rose another full percentage benefits for the growing number of with the staff, the reports that are point in the 15 months after the GDP long-term unemployed Americans. We coming in about our economy. It is started to grow again. So we can likely have to act, also, to resist the tempta- clear that GDP is growing, but too see increased unemployment. tion to make all of these tax benefits slowly to make much of a dent in the There are forecasters who have sug- permanent. However unfair this situa- unemployment rate. People who have gested our economic growth will be tion is, it will be compounded, and it lost their jobs face a much more dif- about 2.8 percent for the rest of the will be compounded dramatically, if we ficult job market, and many are begin- year—that is the Blue Chip consensus make the tax cuts of the last year per- ning to exhaust their unemployment forecast—but the economy has to grow manent. benefits. at more than 3 percent to generate the We have to go ahead and focus on Everyone is facing increased pre- kind of new jobs that will reverse this those issues that are critical to the miums for health care. Employers are unemployment situation. No consensus welfare of the American family today, cutting back their contributions to forecaster fully expects that type of for their economic security today. We health programs. They are being growth going forth. As a result, most have to be concerned about pensions, stressed in terms of adequately funding economists suggest and predict that their strength. We have to protect, I pension programs. These are the real unemployment rates will rise to 6 per- believe, Social Security, which is the concerns of Americans today all across cent. Again, this is a real challenge to bedrock of America. this country. the safety and security of the Amer- I wonder how many employees of When we look at the numbers, when ican family, just as real as the threats Enron and WorldCom and other compa- we look at the reports, the conclusion we are debating in terms of homeland nies 2 years ago would have considered is, obviously, we are still in an eco- security and international security. their Social Security as just a trivial nomic slump. Indicative of this are the The conclusion, as one looks at these benefit compared to their expanded and figures I have on this chart. This is the numbers and the economic perform- ever-growing 401(k) plans. Today, I sus- record of job growth, but it is not ance from the time the President took pect, they see their Social Security growth at all, it is job loss during the over, is that President Bush’s economy benefit, their defined benefit, as a life- Bush administration. In January 2001, looks a lot like his father’s economy. It line, allowing them to make ends meet, there were 112 million jobs, today, Au- is in recession, unemployment is grow- or at least giving them a little extra to gust 2002, 110 million jobs—a loss of ing, it will continue to grow, and yet get through. over 2 million jobs that have not yet there has not been an adequate re- We have to be strong in terms of pro- been replaced in this economy. sponse to this problem by the White tecting the bedrock program, Social The unemployment rate in August House. He seems to have one proposal Security. We have to be concerned was 5.7 percent. That is one and a half with respect to every economic ques- about rising health care premiums and percentage points higher than it was tion, and that is cutting the taxes of prescriptions drug costs. None of these when President Bush took office. The the wealthiest Americans. problems can be addressed unless we number of unemployed Americans was As this chart indicates, this is the ef- provide the leadership, the resources, more than 2 million higher in August fect of the proposed tax cuts of Presi- and the attention the American people than it was when President Bush took dent Bush, tax cuts that were enacted demand. office, as indicated by this chart. last year. At year 10, when they are Let me conclude by saying, again, There is also another telling statistic fully realized, the average benefits, there is at least one thing we must do that is within these unemployment based on income level, will be as por- in the next several weeks: Extend long- numbers. The number of long-term un- trayed in this chart. The lowest 20th term unemployment benefits. Unem- employed Americans—those who have percentile of Americans will receive ployment, long term, is growing. It will been unemployed more than 26 weeks— about $66 a year in benefits. It goes up continue to grow for many months. has increased significantly. This chart to about $375 for individuals making American workers deserve the oppor- reflects that increase. In January of around $20,000, $600 for those making tunity for some support as they look 2001, 648,000 Americans had been unem- about $39,000 a year. The real gain, the for new jobs. They deserve the oppor- ployed more than 26 weeks; in August real benefit, goes to the very wealthi- tunity to help their families as they 2002, 1,474,000 Americans were unem- est Americans—$55,000 roughly, on av- get through a very difficult period of ployed more than 26 weeks—a signifi- erage, for the top 1 percent. That is time. cant jump. It is significant not just in their annual savings for the tax bene- I yield the floor. terms of numbers but in terms of some- fits generated by the Bush tax pro- f thing else: Americans exhaust their posal. This is not fair, and it is not basic unemployment benefits after 26 smart. Unless we get all Americans MORNING BUSINESS weeks. Unless we have an extended participating fully in our economy, Mr. REID. Mr. President, under the benefit program in place, after 26 having the disposable income to go to previous order, we go into a quorum weeks American workers have no sup- the store to keep consumption up, to call and, following that, Senator port as they look for jobs, as they try keep demand up, we are not going to LIEBERMAN will be recognized. I ask to support their families, as they try to have an economy that works for any unanimous consent that the Senate make ends meet. This problem is not American. Indeed, this is a glaring ex- now proceed to a period of morning going away. ample of what some criticized Demo- business until 3 p.m. today, and, fol- Although as part of the stimulus crats for—class warfare. What is more lowing the morning business being ter- package we have passed extended bene- unfair, inequitable, and slanted toward minated, the Senator from Con- fits, they are scheduled to expire at the a class than this tax cut which favors necticut, Mr. LIEBERMAN, the manager end of this year, so we have a real obli- the wealthiest Americans? of the bill, be recognized.

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.036 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8891 There is a lot of work going on re- regard to critical considerations on Each act of violence by either side in this garding homeland security and dif- Iraq and the United Nations. But I be- unending conflict further erodes hope for a ferent ways of moving forward. Senator lieve there is a connection between the peaceful future for the people of Israel, the people of Palestine and others throughout LIEBERMAN and his staff and Senator ongoing crisis and the unsettled situa- the Middle East. In fact, each act of sense- THOMPSON and his staff and the two tion and the death and destruction in less violence in the Middle East further leaders have been working. this tragic conflict between Israel and erodes hope that someday we can feel secure I also note that at 2 p.m. there is a the Palestinian people. from terrorism here at home. All reasonable gold medal ceremony in the Capitol Six weeks ago I wrote to the Presi- options to bring about an end to this vio- Rotunda for General Shelton. I think dent. This is the first time, of course, I lence and indiscriminate loss of life must be the time would be well spent if we were have made public this letter. I respect considered. We can never abandon hope. We the President of the United States of must act in a way to renew hope in this land not working directly on the bill so peo- of faith, and we must continue to consider ple would not have to worry about pro- whichever party. In these 24 years I all options. cedure. have been privileged to be in the U.S. May I respectfully submit the following I ask unanimous consent we go into Senate, I have written on occasion, as concept for your consideration concerning morning business until 3 p.m., and at 3 each of us do, to our Presidents. But I the use of NATO peacekeepers. My recommendation would be for you to request p.m. Senator LIEBERMAN be recognized, try not to write the letter and within that the North Atlantic Council (NAC) for- and during that period of morning busi- the same day or days release it. So this is the first time I have released this mally consider a proposal to use NATO ness the majority and minority have forces as peacekeepers. If the concept is ac- equal time of 10-minute limitations. letter. It was 6 weeks ago, August 2 of ceptable to the NAC they could commence to The PRESIDING OFFICER. Without this year: draw up a plan for peacekeeping. Once con- objection, it is so ordered. DEAR MR. PRESIDENT, the Nation recently sensus had been achieved within the NAC, Mr. REID. I suggest the absence of a celebrated our traditional 4th of July holi- the NAC would so advise the Government of quorum. day—normally a time of joyful reflection Israel and the Palestinian Authority, mak- about our history and patriotism. Thank- The PRESIDING OFFICER. The ing it clear NATO would assist, only if the fully, it was a peaceful day for America, but two sides establish a genuine cease fire, and clerk will call the roll. we entered that holiday period confronted both sides accept NATO’s plan. Further, both The legislative clerk proceeded to with yet more warnings off possible terrorist sides must commit to cooperate in pre- call the roll. attack. It is, indeed, prudent that our citi- venting further hostilities until negotiations Mr. WARNER. Mr. President, I ask zens be warned of such threats, even when have been successful to the point that NATO unanimous consent the order for the specifics are lacking. However, if these warn- forces could be withdrawn and a substitute quorum call be rescinded. ings continue indefinitely, our people will security plan has been put in place. Obvi- The PRESIDING OFFICER. Without begin to wonder what is the root cause of ously, these steps are and will be very chal- this hatred toward America and what is our objection, it is so ordered. lenging, but they are achievable, especially government doing about it. in light of the bold, balanced vision you have f For the first time in the over 200 year his- articulated for a resolution of this conflict. tory of our Republic we, under your leader- VIOLENCE IN THE MIDEAST The basic thoughts in this letter have been ship, are establishing a Department of Home- stated by me previously in speeches on the Mr. WARNER. Mr. President, in the land Security and designating a new mili- floor of the Senate, and in my remarks to a past 24 hours the world awakened again tary command, U.S. Northern Command, to recent gathering of NATO ambassadors on to another tragic incident causing protect the fifty states. We’ve taken bold Capitol Hill, and in open hearings of the Sen- great damage, death, harm, and de- steps at home; others must join us in taking ate Armed Services Committee with the Sec- bold steps abroad. retary of Defense present. Time is of the es- struction to the people of Israel. There As we all know, the scourge of terrorism in sence. I am concerned that recent events in are now news reports that, understand- our 21st Century world is a complex, multi- the region, including the unfortunate Israeli ably, the Israelis are positioning their faceted problem. There is not a single cause, attack that killed women and children as forces such that they, first and fore- but many, including: disparate economic de- Israeli forces pursued Palestinian terrorists most, have to defend their sovereignty velopment around the world; lack of polit- and the subsequent terrorist attack on He- and the people of their nation, but that ical and economic opportunity in many re- brew University, will further delay meaning- gions; the alarming spread of radical, fun- could again result in injury and death ful progress toward peace. damentalist religious dogma’s—especially I strongly encourage you to explore this to others. Islam—amongst those feeling option with our NATO allies, and determine Regrettably, this has gone on for a disenfranchised from the mainstream; and, if they are willing to consider such a pro- very long time. Speaking for this one the parallel rise in ethnic conflict after dec- posal. The time for discussion and consensus Senator, I feel it as an obligation on ades of oppression by Communist and other building is now. When the conditions for a me, and I share that obligation with tyrannical regimes. cease fire and negotiations are right, we my colleagues, to address this subject In this environment of perceived hopeless- must be able to act quickly and decisively ness and despair for many of the world’s and to put forth our own ideas as best with a credible peacekeeping force. youth, certain seemingly unsolvable events I believe a NATO force would be credible we can fashion them. I am about to do continue to fan the flames of anger and ha- for the reason that Europe is perceived as that again. For the fourth time I have tred that lead to irrational acts. This is being more sympathetic to Palestinian views taken this floor and spoken about a manifested in the individual acts of terror and the U.S. as more sympathetic to Israeli concept I have had. I once again share we witness almost daily on the streets of views. NATO can bond these viewpoints to it with my colleagues in hopes, if they Israel and in the recruitment of angry young act as one with peace as its unifying goal, have a better idea, if this administra- men and women into radical terror organiza- and dispel these perceived biases. NATO tion has a better idea, then put it for- tions that encourage them to vent their troops are trained and ‘‘ready to roll’’ on anger in the most destructive, often suicidal, short notice. NATO is an established coali- ward. of ways. tion of nations with a proven record of suc- My thoughts were expressed on the Finding solutions for the conditions that cessful peacekeeping in the Balkans. Clearly, floor on May 2 of this year in the CON- have bred this hate and total disregard for there are risks, but NATO peacekeepers GRESSIONAL RECORD, page 3812; June 21, peaceful solutions will be complex, but it can—with the cooperation of Israel and the CONGRESSIONAL RECORD, page 5891; July must be systematically addressed. Clearly, Palestinian people—bring stability to this 24, CONGRESSIONAL RECORD, page 7299. you and key members of your Administra- troubled region; stability that will allow for On August 2, roughly 6 weeks ago, I tion have shown, and continue to show lead- meaningful negotiations that have a chance ership in this area. to end the violence. wrote the President of the United But, we must ask the question, can more This is not a conclusion that I have States. Copies were sent to his prin- be done by others? reached lightly. Some of my colleagues in cipal Cabinet officials having respon- The prolonged Israeli-Palestinian conflict the Senate, as well as noted journalists and sibilities in these areas. I am going to contributes, in part, to the unrest and anger others, have discussed with me the broad read that letter because it embraces in the Arab world. How much it contributes issues associated with this proposal. Mine my thoughts. Even though it was 6 cannot be quantified, but it is a significant has been one of the many voices calling for weeks ago, I still steadfastly believe and growing factor. This conflict, often pre- well-defined principles and restraint in the sented in a distorted and biased manner to employment of U.S. forces around the world. this is one approach to this tragic situ- citizens of Arab nations, must be confronted, I fully recognize the risks to U.S. forces and ation that deserves consideration. if we are ever to meaningfully address the our alliance partners. I strongly feel this is I fully understand our President and disaffection and dissatisfaction felt by the one of those unique circumstances that de- his Cabinet are heavily engaged with people of this region. mand every resource and idea we can bring

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.039 S19PT1 S8892 CONGRESSIONAL RECORD — SENATE September 19, 2002 to bear. If the opportunity arises, we must be tions on movement that aid agencies say are Let’s look at the President’s first prepared to give peace and hope a chance. breeding a mounting humanitarian crisis. claim, that he and the House Repub- I respectfully submit these thoughts as Israeli forces killed more than a dozen inno- licans have a plan that ‘‘focuses on get- cent Palestinian civilians in the past two you forge ahead and lead the world’s efforts ting us back to a balanced budget.’’ No, to find a path to peace for this important re- weeks, including several children; a hasty of- gion of our global community, and in so ficial investigation cleared the soldiers of they do not. That is not true. The doing, enhance the security of our people any wrongdoing. Israeli settlement-building President must know it is not true. here at home. It is my fervent hope that by in the territories continues; Mr. Sharon re- They have no plan that gets us back the time we pause to celebrate our nation’s fuses to rein it in, just as he rejects any dis- into balance. In fact, the plan they next birthday, the fledgling ideas we are col- cussion of Palestinian statehood or any ne- have drives us deep into the deficit lectively considering today will have blos- gotiations—even with a post-Arafat leader- swamp. That is the truth. somed into substantial progress toward free- ship—about a permanent peace. For his part, dom from the senseless violence we are wit- Mr. Bush clearly remains unwilling to do or You will recall 1 year ago, the Presi- nessing today. say anything that would cross Mr. Sharon. dent told us, with great confidence, With kind regards, I am respectfully.— That reluctance largely explains his admin- that we could expect $5.6 trillion of John Warner. istration’s failure to act on his broad prom- surpluses over the next decade. We ises of last June; in the coming months, it There being no objection, the mate- could also prove a serious impediment to warned, at the time, that that was a rial was ordered to be printed in the building a coalition against Iraq. risky gamble, that one could not count RECORD, as follows: Mr. WARNER. I yield the floor. on a 10-year forecast, that there was [From the Washington Post, Sept. 14, 2002] Mr. CONRAD. Mr. President, I sug- enormous risk associated with it. NEVER MIND, MR. SHARON gest the absence of a quorum. The President insisted not only that Most of three months has passed since The PRESIDING OFFICER. The there was going to be $5.6 trillion of President Bush laid out his vision for resolv- clerk will call the roll. surpluses over the next decade, but he ing the Israeli-Palestinian conflict, and still The senior assistant bill clerk pro- and his administration told us pri- there has been next to no follow-up by his ceeded to call the roll. vately that there is probably going to administration. No. Cabinet-level officials Mr. CONRAD. Madam President, I be much more money than that. have visited the region since the president’s ask unanimous consent the order for speech; despite pleas from the Arab leaders We said: No, we think it is highly un- Mr. Bush asked for support, no details have the quorum call be rescinded. The PRESIDING OFFICER (Ms. likely that we will see that level of sur- been offered on how to move from the plus. present situation to Mr. Bush’s vision of STABENOW). Without objection, it is so side-by-side Israeli and Palestinian states. ordered. And just 1 year later, what we find is, On the contrary: Despite Mr. Bush’s an- f if the President’s spending and tax nouncement of an international effort to re- policies over the next decade are adopt- construct Palestinian security forces, the THE BUDGET AND THE ECONOMY ed, instead of $5.6 trillion of surpluses, CIA has taken only token steps to train new Mr. CONRAD. Madam President, ap- we will see $400 billion of deficits. The officers; despite the president’s clarion call propriately, there has been a great deal President says it is the fault of the for Palestinian democracy, the administra- Democrats, that they are spending the tion has quietly joined Israeli Prime Min- of discussion over the past week about ister Ariel Sharon in opposing the holding of the fiscal status of the country, the money. Palestinian national elections anytime in condition of our budget, and our na- Madam President, this will happen the near future. In effect, what the president tional economy. I would like to take a without a dime of spending by Demo- cast on June 24 as a major initiative for Mid- few minutes to respond to some of the crats. These numbers only include the dle East peace has all but vanished; in its false claims that have been made by President’s own proposals for spending place is a suddenly all-consuming campaign the Bush administration and by some against Iraq that could soon lead to a new and additional tax cuts. They lead us Members of the Senate over the last 10 from a circumstance of last year being Middle East war. Vice President Cheney, days. among others, is arguing that overturning told we had nearly $6 trillion of sur- First, I would like to respond to some the regime of Saddam Hussein will make an pluses to one in which we now see $400 of the remarks made by the President Israeli-Palestinian settlement easier, but billion of deficits, if his policies are when he was at a fundraiser in Iowa on even if that is true, what is not clear is how adopted. a conflict that has cost more than 2,000 lives Monday. The President said the fol- in the past two years, and is a primary lowing there. He said: In many ways, this is the best case source of Muslim grievance against the [W]e have a budget that focuses on setting scenario because it does not take into United States, can be contained between now priorities and focuses on getting us back to account that the President will be and then. a balanced budget. But there has been no using trillions of dollars of Social Se- In the now familiar absence of Bush admin- budget out of the United States Senate. curity money on top of this. istration engagement, halting progress has They haven’t passed a budget. They have no been made by the parties on the ground. plan to balance the budget. ...It’s of con- This chart shows—I will put it in the There have been no major Palestinian sui- cern, because if you have no budget, it means RECORD; I know it is too small to read cide attacks against Israelis in six weeks, de- there’s no discipline. And if there’s no dis- from afar—but one can see the red. The spite several attempts; both the Israeli army cipline, it’s likely that the Senate will over- red are the deficits. If you don’t count and the Palestinian administration claim spend. Social Security money, if you don’t credit, and both probably had something to If there was ever a case of someone take Social Security money, as the do with it. Attempts by Palestinian political accusing another of their own short- President proposes, and use it for other and military leaders to change the direction of their self-destructive uprising against comings, this is it. My grandmother things, we see red ink throughout the Israel, and to force Palestinian leader Yasser once told me: Sometimes what people entire rest of the decade. In fact, over Arafat to yield most of his power, continue say about others reveals more about $2.7 trillion of money is being taken in spite of Mr. Arafat’s strong resistance; themselves than it does of those who from Social Security to pay for other this week the legislative body of the Pales- they seek to characterize. things under the President’s budget tinian Authority delivered an unprecedented This is that circumstance. These plan. That is a recipe for fiscal dis- rebuff, forcing the resignation of Mr. Ara- comments by the President, I find aster. And it is the President’s plan, fat’s cabinet. The more moderate Labor deeply disturbing. It is unfortunate make no mistake about it. Party ministers in Mr. Sharon’s cabinet have that the President continues to deny been trying to negotiate incremental secu- I ask unanimous consent the chart I any responsibility for the Nation’s dive rity agreements with the Palestinians, and just referred to be printed in the back into deficits and for increasing there are signs of revival in the long-mori- RECORD. bund Israeli peace camp. debt. But Israeli troops occupy six major West Instead, he desperately tries to blame There being no objection, the chart Bank towns and significant parts of the Gaza others for the deficits that his own was ordered to be printed in the Strip, imposing curfews and other restric- policies have created. RECORD, as follows:

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.016 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8893 CHANGES IN BASELINE SURPLUS AND DEFICIT TOTALS, JANUARY 2001–AUGUST 2002 [In billions of dollars]

2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2002–11

Total CBO surplus—January 2001 ...... 313 359 397 433 505 573 635 710 796 889 5,610 Total CBO surplus/deficit—March 2002 ...... 5 6 61 111 135 175 213 263 309 454 1,733 Total CBO surplus/deficit—August 2002 1 ...... ¥157 ¥145 ¥111 ¥39 15 52 88 133 177 323 336 Total CBO surplus/deficit with President’s proposed budget policies ...... ¥157 ¥159 ¥138 ¥76 ¥44 ¥23 ¥2 36 70 108 ¥386 Without Social Security ...... ¥315 ¥329 ¥326 ¥282 ¥268 ¥265 ¥264 ¥245 ¥230 ¥211 ¥2,734 1 The CBO baseline projection assumes no change in current policies governing taxes or entitlement spending and that discretionary appropriations in FY 2003 through FY 2011 will equal the level enacted for FY 2002 (including FY 2002 supplemental appropriations), adjusted for inflation. Source: CBO estimates of January 2001, March 2002, and August 2002 baselines. SBC estimates of President’s budget based on CBO baseline estimates and the President’s proposed policies.

Mr. CONRAD. The President, again, bility for this dramatic turn in the fis- What is going to happen when these says the problem is spending. Let’s cal condition of the country. The Presi- baby boomers retire and they are eligi- look at what the nonpartisan Congres- dent says: It is the attack on the coun- ble for Social Security and Medicare? sional Budget Office tells us is the rea- try and the economic slowdown. This is not a matter of projections. The son for this disappearance of the sur- Those are two reasons, but, in fact, baby boomers have been born. They are plus. Nearly $6 trillion of projected sur- they are the smallest reasons for the alive today. They will retire, and they plus from last year, gone. There is disappearance of the surplus. The big- will be eligible for Social Security and nothing left. If we adopt the Presi- gest reasons are the tax cut he pushed Medicare. But they are going to find dent’s budget and spending plan, there and his overestimations of revenue. the cupboard is bare because the Presi- are no surpluses, only deficits, some Those are his responsibilities and his dent has advocated and pushed through $400 billion. And that is the good news failures. Congress a policy that uses all of the because that assumes that the Presi- Remarkably, the President’s answer money. dent takes every penny of Social Secu- to all of this is to advocate more tax Let’s now consider the President’s rity surplus over the next decade. So cuts. Let’s dig the hole deeper. We al- second claim that the Senate has no the real deficits are much worse than ready see an ocean of red ink over the budget plan. We reported out of the the $400 billion that I have shown under next decade. We see under the Presi- Senate Budget Committee back in the President’s plan. The true deficits, dent’s plan the taking of over $2 tril- March a 10-year plan that would have not counting Social Security, not tak- lion from Social Security to pay for his made available to the President all of ing Social Security money to use it for tax cuts and other things. And the the resources requested by him for de- other purposes, is not $400 billion; it is President’s answer is: Let’s have more fense and homeland security, but still $2.7 trillion. tax cuts, $400 billion more in this dec- we paid down as much as $500 billion Where did all the money go? Here is ade for making the tax cuts passed last more in debt than the President’s what the Congressional Budget Office year permanent, and a cost in the next budget. To say we have no plan is sim- told us. decade of $4 trillion. ply wrong. We have a plan, a very clear I hope people are listening. I hope Thirty-four percent of the disappear- plan, a very detailed plan that also people are thinking about the implica- ance of the surplus went to the tax cuts contained a circuitbreaker to put the tions of this. We already face an ocean the President pushed through Congress Nation back on a path to balance with- of red ink. And what the President is that were passed last year, and that he out raiding the Social Security trust proposing is, let’s get it bigger; let’s signed into law. funds and to do it within 5 years. have more red ink. Twenty-nine percent is from over- The PRESIDING OFFICER. The Sen- I would like to do it this year but estimations of revenue by his adminis- ator has used 10 minutes. that is no longer possible. But it is tration; that is, outside of the tax cuts. Mr. CONRAD. I ask unanimous con- critical we adopt a plan that does re- So revenue is down 63 percent, not sent for an additional 10 minutes. turn fiscal responsibility. We have pre- counting lost revenue from the eco- The PRESIDING OFFICER. Without sented that plan. It has passed the nomic downturn; it accounts for 63 per- objection, it is so ordered. Budget Committee. Sadly, our counter- cent of the disappearance of the pro- Mr. CONRAD. Madam President, if parts in the House, instead of adopting jected surpluses. Twenty-two percent we adopt the President’s proposal, this a 10-year budget plan, as is traditional, of the disappearance is because of country will be digging a hole so deep as the President proposed, that could spending, spending on national defense that we will face enormously difficult have been sent to a conference with the and homeland security. That is where choices in the future: massive cuts in Senate, the House of Representatives the increases have been. The President benefits, massive tax increases, huge passed only a 5-year plan. Why? Be- supported every penny of those in- debt, unsustainable, all of them. But cause they wanted to hide the enor- creases in spending. That is where the that is the direction the President has mous cost in the second 5 years of the money has gone. In addition, 15 percent us headed in fiscal policy. President’s plan to make the tax cuts of the disappearance of the surplus is I know people are distracted and permanent and to add even more tax the result of the economic downturn. thinking about war with Iraq and cuts. That is where the money has gone. thinking about a war against ter- Further, the House used overly opti- For the President to assert it is rorism. And those command our atten- mistic OMB numbers instead of the Democrats who have been overspending tion. But we must also pay attention to Congressional Budget Office projec- is not supported by the facts. The facts the fundamental financial strength of tions of costs and revenues; again, mis- are, the overwhelming reason for the America. The President has us on a dis- leading the American public as to our disappearance of the surplus is the tax astrous fiscal course, with deficits all true financial condition. cuts the President proposed and pushed the rest of this decade, the President is The House set spending for such pri- through Congress. The second biggest proposing making them much deeper in orities as education and law enforce- reason for the disappearance of the sur- the next decade, right at the time the ment and highway construction at lev- plus is his administration’s overesti- baby boomers retire. els so low that the House Republican mates of revenue apart from the tax We must understand, we are in the leadership can’t even get their own cuts. The third biggest reason is spend- sweet spot of the fiscal future of Amer- Members to vote for the appropriations ing on defense and homeland security, ica. Right now the trust funds of Social bills on the floor of the House of Rep- every penny of which the President Security and Medicare are throwing off resentatives. They want to wait until supported. And the smallest reason for huge surpluses. Yet under the Presi- after the election because they know the disappearance of the surplus is the dent’s plan, all that money, every dime they dare not go to the American peo- economic downturn. of it over the next decade, is being ple with proposals to do such things as The President, regrettably, is point- taken and used for other purposes, used the President proposed as cutting the ing fingers at everyone else but refus- to fund the tax cuts, to pay for other highway program 27 percent or vir- ing to acknowledge his own responsi- priorities. tually eliminating the COPS Program

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.005 S19PT1 S8894 CONGRESSIONAL RECORD — SENATE September 19, 2002 that has put 100,000 police officers on utor to the increased deficits because have tripled, from $620 billion, over the the street. How wise is it to eliminate of the increases for national defense next 10 years, to $1.9 trillion. These the COPS Program when we are subject and homeland security, is not the policies have real consequences, and to terrorist attacks? major reason for the return to deficits real effects, and real impacts on our These factors have made it virtually and the increasing debt. It is a reason, national economy. impossible for the House and Senate to but it is a relatively small reason. Last year, the President said max- ever reach agreement on a budget reso- The same can be said of discretionary imum paydown of the debt. Now what lution this year. spending, which is for all of the things we see under his policy, instead of max- In June, in the Senate, a group of us, that are not mandatory. Mandatory imum paydown of debt, is that we will on a bipartisan basis, offered a budget spending is Social Security, Medicare, have maximum taking of money from agreement for the next year containing farm program—that is mandatory the Social Security trust fund to pay the key elements of what the Budget spending. Discretionary spending is for for other things. In fact, the remark- Committee proposed, including the set- things such as parks, roads, law enable reality of what we confront is that ting of realistic spending limits and re- forcement, and defense. You can see the President, under his plan, will take newing expiring budget enforcement that discretionary spending has come every penny of the Social Security sur- mechanisms so we could maintain fis- down quite sharply since 1981. plus over the next decade to pay for his cal responsibility. Again, we see a blip up because of tax cuts and other things. This is the What did the Bush administration homeland security and national de- time when we are on the brink of the do? They engaged in a furious lobbying fense. It is also quite remarkable to see retirement of the baby boom genera- effort against it—against setting a remembers of this administration com- tion. alistic cap on spending, against extend- plaining about the discretionary spend- This is what we face in the longer ing the budget enforcement procedures ing cap we proposed when they are term. Right now, the trust funds of So- to help maintain fiscal discipline. It coming out at the same time esti- cial Security and Medicare are throw- seems shocking now to hear the Presi- mating that a war against Iraq could ing off large surpluses. But that money dent say he is worried about deficits cost literally hundreds of billions of is being taken under the President’s because he and his administration dollars. plan to pay for other things, including blocked the efforts to protect us Just this Monday, we saw the Presi- his tax cut. And we know that, starting against those very events. dent’s chief economic aide say the cost in the year 2016, these trust funds go The fact is that we got 59 votes for of the war with Iraq may top $100 bil- from cash positive to cash negative, that proposal on a bipartisan basis. We lion. More than that, Mr. Lindsey dis- and they do it in a very big way. We needed a supermajority, which is 60. missed the economic consequences of need to get ready for this reality. That Even though we had 59, we needed 60. such spending, saying, ‘‘It wouldn’t is why we proposed less of a tax cut, So that spending cap wasn’t put in have an appreciable effect on interest more money to paying down debt, more place and we did not get the budget en- rates or add much to the Federal debt, money to secure the long-term sol- forcement procedures extended. which is already about $3.6 trillion.’’ vency of Social Security. The Presi- The bottom line is that we set a real- I am from North Dakota. In North dent rejected that plan in a reckless istic and appropriate spending cap. The Dakota, $100 billion is still real money. way and has put us on a fiscal course administration is opposing it in a des- That is big money. The President’s that means more deficits, more debt, perate attempt to look fiscally con- Chief Economic Adviser—maybe it is more economic insecurity, higher in- servative given the massive deficits part of the reason we are in such finan- terest rates, lower economic growth, that have returned on their watch. Yes- cial straits as we are, because this man lower employment. terday, one of my colleagues came to doesn’t understand the significance of It is critically important that there the floor and complained that spending $100 billion. He said it really makes no be a balance in what we do in Wash- is too high and it is the reason for the ington. It is not healthy to have only return to deficits. difference. On the other hand, they say $9 billion more so that we don’t cut the one side to a debate. That is what we The place where spending has in- have seen in the last week. It is time creased is in defense and homeland se- Federal highway program by 27 percent, so we don’t eliminate the COPS for our side to speak up, to stand up, curity, every penny of which the Presi- and to fight back because much is at dent asked for, every penny of which program, so we don’t cut education— that $9 billion is a disaster, but $100 stake for our Nation. passed here with huge, bipartisan ma- I thank the Chair and yield the floor. jorities. Those measures that are still billion doesn’t matter. That is a policy The PRESIDING OFFICER. The Sen- pending will pass with huge bipartisan that does not add up. ator from California. majorities. So where has the Bush fiscal policy Mrs. FEINSTEIN. Madam President, While it is true that defense and left us? The fact is that the surplus is I rise to address a forest issue, but gone. The Federal debt has come roar- homeland security spending has gone since Senator WYDEN and I have up, it is very important to put into ing back. You will remember that last worked closely on this, I ask unani- context what has happened to overall year the President promised us he mous consent that his remarks directly Federal spending over the last 20 years. would have maximum paydown of the follow mine. What one sees is overall Federal spend- Federal debt. Now we see that that is The PRESIDING OFFICER. Without ing—going back to 1980, it was 22 per- not true either. The debt held by the objection, it is so ordered. cent of GDP. In the previous Bush ad- public in 2008, he told us last year, Mrs. FEINSTEIN. I thank the Chair. would be virtually eliminated. Now we ministration, it was close to 22 percent f of gross domestic product. It has come see, instead of having virtually no down to 18.4 percent. Federal spending debt, we are going to be stuck with $3.8 FOREST MANAGEMENT has been coming down as a share of our trillion of debt. That has serious con- Mrs. FEINSTEIN. Madam President, national income. sequences for the country. for some time now, Senator WYDEN and It is true we have now had a blip up. The President, who said he would I have been working together to try to We have had that blip up because of the have maximum paydown of the na- put forward a compromise amendment attack on America. Yes, we have in- tional debt, came and asked for a max- on two amendments which are on the creased defense spending; yes, we have imum increase in the debt limit. In Interior appropriations bill. One increased homeland security spend- fact, the only larger request for an in- amendment is by Senator BINGAMAN; ing—at the request of the President of crease in the debt limit came from his the other by Senator CRAIG. the United States. He was right to do father when he was President. He asked At present, both amendments need 60 so. Even with that, we see—looking for a $915 billion increase in the debt. votes. Neither amendment has 60 votes. ahead—a decline in the share of na- This President asked for $750 billion. Both amendments deal with a very real tional income coming to the Federal The consequences of this enormously emergency in American forests today. Government. increased debt—increased from what It would be a tragedy if we could not Federal spending, while certainly a we were told last year—is that the in- use this appropriations bill as an op- part of this calculation and a contrib- terest costs to the Federal Government portunity to move a plan forward to do

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.045 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8895 the emergency work we need to do to gether a compromise between the Craig for a substantial period of time—this is protect our people, our property, our amendment and the Bingaman amend- a big give on our part. This is, I think, forests, and our endangered species ment which will allow us to move for for Senator WYDEN—and he will speak from the risk of catastrophic fire. the 1 year that is the life of the fiscal for himself—but certainly for me this Right now, 190 million acres of public year 2003 Interior appropriations bill is the last best offer to try to get an lands are at high risk of catastrophic vigorously to treat some of those accommodation with the other side of fire. That is 190 million acres, and 73 areas. the aisle. What we did was say that any million of these are in the highest fire The areas that we would treat really temporary injunctive relief, prelimi- risk category, called class III. Of that is very small. Our recommendation nary injunction, or TRO, would be lim- class III, 23 million acres have been would be up to 7 million acres out of ited to 60 days with the authority to designated by both the Forest Service the 24 million acres. We know the for- renew each temporary injunction with- and the Department of Interior as in est departments are going to try to do out limitation. vital need of emergency treatment. at least 2 million acres. What we are What we believe it would do is cause Those are the strategic areas that need saying to them is: This next year triple the judge to reflect on our findings in hazardous fuels taken out of the forests your activity, move rapidly. Then we the legislation, on the emergency situ- to avoid catastrophic fire. try to set the parameters of that emer- ation, and on the problems directly on Today in America, moderate to se- gency movement. the ground at the time. vere drought covers 45 percent of the For a moment, I wish to share some I understand my time is up. I ask Continental United States. It is pre- of those parameters. unanimous consent for an additional 5 dicted that El Nino is returning, which We make a number of findings in our minutes. means we can expect volatile weather amendment that document and reflect The PRESIDING OFFICER. Without patterns, more pronounced rainfall, the emerging conditions we find in our objection, it is so ordered. more pronounced drought. All of this forests, and I will talk about that in a Mrs. FEINSTEIN. This means in situ- will only exacerbate the risk of cata- moment. But the amendment estab- ations where the risk of fire is abso- strophic fire. lishes a 1-year pilot project to enable lutely the greatest and projects are It is estimated that this is the third the Bureau of Land Management and being held up in the courts, a judge hottest summer on record in the the Forest Service to move rapidly to must consider changing circumstances United States. To this fact, we are add- treat up to 7 million of the 24 million and whether to renew a preliminary in- ing that 2002 looks as if it is going to acres in those strategic areas. junction. Anybody filing an adminis- turn out to be the worst fire season on Our amendment would have directed trative appeal to a hazardous reduction record in the United States. all of the work to be only on those project would be required also to raise This year, 6 million acres of land has lands at the highest danger level of the issue before the close of notice and burned. That includes nearly a half a catastrophic fire. It would stipulate comment; in other words, to have some million acres in California, and because that 70 percent of hazardous fuels re- standing to bring an appeal, not just to we have an Indian summer, we are not duction projects be done either within be able to jump in after all the periods out of the forest fire season yet. one-half mile of a community—that is have closed and go to court. More property will be lost, more vital what is called urban wildland inter- These were two of our biggest gives habitat for endangered species will be face—or within municipal watersheds. in the interest of trying to gain 60 destroyed, and more people will be in Those are the watersheds where the votes. I truly do not think there is any- greater danger if we do not do some- fire risk to the ecosystem is the great- thing else we can do. These are very thing. We have firefighters laying down est. So 70 percent of the program would big concessions, at least as far as I am their lives on these fire lines in some of be concentrated in the areas where we concerned, and I think that is echoed the worst fires we have ever experi- know there is the greatest risk. The by Senator WYDEN as well. enced. urban interface has been broadly I will quickly outline some of the ad- Today, fires burn hotter, faster, and agreed to. There is some question on ditional safeguards in our amendment. more intensely than ever, and there is the watershed areas. There would be no road construction in a reason for this. The reason is because Having said that, for many States, any inventoried roadless area. An eco- of forest policy which is what has been rural States in particular, the only logically sufficient number of old and called fire suppression. That means you way they are going to get any emer- large trees would be maintained for go in and suppress the fires as soon as gency treatment is if we include these each ecosystem; and for fuels reduction they begin. Of course, that takes a lot watershed areas because this is where projects, agencies would be required to of money, and we have used over $1 bil- they generate the big fires. These are, do all thinning from ground level up. lion just fighting these fires. It does obviously, the more rural States. Cali- This means that thinning would start not prevent a future fire from hap- fornia can certainly use all of its funds with small trees and brush at ground pening, but I believe fire suppression just within urban interface, but that is level and act as a safeguard against the has to become the policy of the past not true for more rural States. cutting of larger trees. And in special, rather than the policy of the future be- Our amendment would also allow the or what is called extraordinary cir- cause what is happening in our forests administrative appeals process to be cumstances, such as areas with endan- is that we have an unprecedented truncated for these areas. What we are gered species or tribal issues or where buildup of materials on the ground, so- trying to do is speed things along, and archeological findings may lie, the ex- called biomass, fuels in plants and we estimate this would save at least clusions from the normal process do bushes. 135 days. Any fuels reduction projects, not apply. We have a lot of nonnative species such as thinning or brush removal, Additionally, I will speak for one mo- now springing up where certain ancient within a half mile of any community ment about the four findings in our trees are fire resistant, such as the would be excluded from what is called amendment because they underlie the giant sequoias, for example. If other NEPA, the National Environmental problems we are facing. trees grow up among them, they be- Policy Act, thus preventing these Firstly, in 2002, we find that approxi- come fire ladders so that when a fire projects from being stalled indefi- mately 6.5 million acres of forest land starts, it has the fuel on the ground. It nitely. I think there is broad agree- have burned, 21 people have died, and has the new young trees to use as lad- ment about that. 3,079 structures have been destroyed. ders, and the fire whooshes up, hits the I think the environmental commu- We find the Forest Service and Bureau canopies of the old trees which are, for nity understands the need to work of Land Management have spent a bil- the most part, the habitat of endan- quickly in areas very close to commu- lion dollars fighting these fires. We gered species and the greatness of our nities and very close to property. find 73 million acres of public lands are ancient forests. Additionally, any temporary injunc- classified in the highest risk of cata- The question comes up: How do we tive relief, whether it is a TRO, which strophic fire. We find that forest man- work at this? Senator WYDEN and I is limited in days, we know, or a pre- agement policy of fire suppression has have chosen to see if we can put to- liminary injunction, which can go on resulted in an accumulation of fuel

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.050 S19PT1 S8896 CONGRESSIONAL RECORD — SENATE September 19, 2002 load, dead and dying trees, infested to do what is right and take your First, we allow the use of broad cat- trees, nonnative species, creating fuel lumps. They can live with that. egorical exclusions to thin and salvage ladders that allow fires to reach the With that in mind, Senator FEIN- in the most fire-prone areas within the crowns of large old trees and cause cat- STEIN and I have now spent certainly 6 urban-wildland interface and allow the astrophic fires. Fourthly, we find the or 7 weeks trying to help find the com- use of somewhat narrower categorical U.S. Forest Service and the Depart- mon ground in the Senate for a bal- exclusions to manage fire-prone lands ment of the Interior should imme- anced, narrowly focused bill to address in other areas. diately undertake an emergency pro- the fire threat in our forests. We knew Second, we require people who may gram to reduce the risk of catastrophic it would be a difficult task when we want to file an administrative appeal fire. Obviously, the emergency pro- took it on, and it has certainly lived on a project at a later date to partici- gram is confined to those areas I spoke down to that promise. pate in the public comment process on about. This is what the Senate faced, as that project. In closing, I thank, first, Senator Senator FEINSTEIN and I tried to move Third, we require judges to periodi- WYDEN. I also thank Senator BINGA- forward. On the one hand, there is one cally review temporary injunctive re- MAN, Senator DASCHLE, Senator CRAIG, camp of considerable passion that, un- lief granted and to review those injunc- fortunately, would be willing to use Senator DOMENICI, Senator KYL, and tions with updated information every this summer’s horrendous fires to deny Senator BURNS, all of whom have spent time a project is brought before the an inordinate amount of time trying to citizens the right to seek justice in a court. reach some agreement. court of law or to severely limit those My sense is the administration could I restate my belief that the forest rights. In another camp, there have have accepted the proposal Senator fires raging throughout the Western been many who have said we will ac- FEINSTEIN and I have pursued—but not United States represent one of the cept no changes in these laws whatso- enough Senators could see their way most severe crises facing our Nation. ever, even changes that will benefit the there. The devastation has and will continue environment. Their position, as far as I If Members want to get something to be immense. It is the greatest can tell, is that there is practically a done, they are going to have to take human and ecological threat now fac- constitutional right to a 5-year delay some political risk. I am not here to on forest management decisions. ing virtually every Western State. This blame anyone. Senators have worked Given these two camps, Senator is a crisis that transcends the issue of in good faith. However, I do not think FEINSTEIN and I, optimists by nature, it is too much to ask Senators to take party politics, and I deeply regret our said we know there are Senators who a political risk to solve this critical inability to reach a meaningful com- want to try to come together to find problem so that families and forests promise, at least at this time. Because the common ground. We set out to do are not facing the ultimate risk of dev- the Interior appropriations bill will be it. Unfortunately, as of this afternoon, on the floor at least for the next few astating fires summer after summer. it seems the Senate is not willing to There should be no confusion on this days, I urge my colleagues on both seize the common ground which Sen- sides of the aisle to continue to seek a point. Unless there is some willingness ator FEINSTEIN and I believe is within on the part of the Senate to take the consensus and I, for one, remain open the Senate’s grasp. to one. Today, in a front page article of the kind of political risk necessary to find I am sorry we do not have an agree- Oregonian newspaper it was suggested common ground, we will see these dev- ment to report, but I want to end by that the Bush administration does not astating unnatural fires summer after thanking Senator WYDEN for his lead- think it needs congressional authoriza- summer after summer, as sure as night ership. He has a State that has glorious tion to pursue a solution to the forest follows day. forests, as do I. He has been wonderful, health problem. My sense is they agree There were a host of obstacles to a compromise today, though in the past and I hope there is a change and we with Senator FEINSTEIN and myself may be able to work something out to- that the use of, for example, what are we have been able to find common gether. called categorical exclusions offers a ground. Senator CRAIG and I, for exam- I yield the floor. way to expedite the process required to ple, led an effort in this body to write The PRESIDING OFFICER. The Sen- reduce fire threats and restore diseased the county payments law, a critical ator from Oregon. and damaged forests. The administra- law that is used to offer billions of dol- Mr. WYDEN. Madam President, let tion plans to pursue categorical exclu- lars for rural communities to pay for me begin by expressing my thanks to sions though history shows there have services and schools. People said that Senator FEINSTEIN. I still hope the been successful court challenges to ad- could not be done. The Forest Service Feinstein wisdom will prevail upon the ministratively created categorical ex- now calls it the most important law for Senate and we can get to common clusions in the past. We believe the that agency in 30 years. Senator CRAIG ground on this contentious issue. I American people and the forests would and I came together more recently to want my colleague to know how much have been better served with narrow try to advance an old growth protec- I appreciate the many hours and nights specific congressional authorization of tion proposal for the Pacific North- we have been at this, shuttling back categorical exclusions—but, due to the west, though we have a lot more work and forth between our offices and the lack of a compromise, that congres- to do in that arena. My point is, it is offices of Senator CRAIG and Senator sional action, as of this afternoon, will possible to find common ground. BINGAMAN. not happen on this bill. I am going to try again, probably a I share the Senator’s commitment Though, as we worked over the last lot sooner than some people think or that, despite the news we have to de- few weeks, it seemed a core group Sen- may want, on this issue. But I do know liver that there is no compromise ator FEINSTEIN, Senator CRAIG, Senator that two Democrats, despite all the today, we are not going to give up and BINGAMAN, Senator DOMENICI, and oth- pushing and pulling, do not make a we expect to revisit this issue in the ers—were very close to a compromise, winning hand in the Senate. Senate again soon. I thank my col- we did not get there. Senator FEINSTEIN and I faced some league for all her leadership, and par- Instead, the result has been so many big challenges. I opposed those who ticularly for her passion on this issue. pieces of stray paper floating around hold out for a major overhaul of the ju- When I came to the Senate, I never Washington, the country, and the dicial process on this bill, though, due felt very comfortable when the news internet, as well as a whole host of to its controversial nature, that ap- media said I was elected to fill the seat poorly informed rumors. So much mis- proach is not going to allow us, any of Senator Morse or Senator Pack- information is out there that I have time soon, to address the risk of fire. wood. That is because I do not think posted our joint Feinstein/Wyden pro- We opposed others who may want to the people of Oregon send someone to posal on my Web site so that people grant very broad forest management the U.S. Senate just to fill a seat. The will see what it is we have sought to do exemptions for projects conducted people of Oregon send someone to the to try to bring the Senate and our con- within municipal watersheds. That will Senate to work for what is right. That stituents together. I will touch on that also make it impossible to find com- is what they expect of their Senators: proposal just briefly. mon ground and a compromise.

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.059 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8897 But like I said earlier, I don’t want ways been. They overlook the reality high gasoline prices, high oil prices, to blame anyone today. Certainly, with that a forest is similar in many re- perhaps well beyond $30 a barrel. all the misinformation out there about spects to a field of wheat. If it is har- We have seen the development of what I have done and supposedly not vested, it regenerates. that cartel over a period of time. It ini- done or said during the last few Depending whether selective logging tiated a program that said, in effect, if weeks—and I am sure other Senators is used or clearcut logging, the appro- the price fell below $22 a barrel, they feel the same—this is not a time to priate procedure is reforestation. Re- would reduce supply to stabilize the offer a litany of charges with respect to forestation occurs by individually price. They wanted a price structure of any Member of this body. planting trees or it can be done by nat- $22 to $28. That puts a tremendous bur- My bottom line is this: I hope these ural reseeding, which is much the case den on the structure of our society and efforts, laborious though they have in my State. But we prolong this argu- our economy. been, can someday soon yield fruit. To- ment and take it beyond the realm of It is rather revealing to recognize ward that end, I thank a number of col- addressing in a timely manner the nec- that as we continue to address our situ- leagues. Senator CRAIG has worked in essary correction. The necessary cor- ation with Iraq, we also continue to good faith, and certainly closely with rection associated with our forests as a import oil from Iraq. I think currently me. I hold him in the highest regard. consequence of the tremendous expo- we are importing about 600,000 barrels Senator FEINSTEIN, as I have already sure of fires is the management of un- from Iraq each day. mentioned, was there night and day derbrush that is predominant in the We have delivered from the White working on this issue and I appreciate second growth. If that is not cleared, House to the Speaker, majority leader, minority leader, as well as the House her efforts. Senator DASCHLE and Sen- why, clearly we expose ourselves to minority leader, a transmittal, which ator BINGAMAN went out of their ways complications associated with a huge is the consequences of discussions with to try to accommodate Senator FEIN- fire moving through an area very rap- the President, identifying a suggested STEIN and me. For their efforts, I am idly and the inability to go in and fight form of resolution with respect to Iraq. appreciative, as well. it because we have eliminated access in I chair the Subcommittee on Forests much of our national forest. I ask unanimous consent this be print- and Public Land Management. In Or- So I beseech my colleagues to con- ed in the RECORD. There being no objection, the mate- egon, we have had tragic fires. I have sider the ramifications. Let’s make rial was ordered to be printed in the been consumed by this day after day these decisions not on emotion; let’s RECORD, as follows: after day. I wish we were in the Senate make them on the best forest manage- THE WHITE HOUSE, today saying we had found the common ment practice. We have foresters who Washington, September 19, 2002. ground. I think it is possible to do it. spend a lifetime in the area of forest Hon. J. DENNIS HASTERT, The Senate cannot leave this subject health. We have to listen to those peo- Speaker of the House of Representatives, for too long and will return to it after ple; otherwise, we are kidding our- Washington, DC. this bill is done in some form or an- selves and we are kidding the public. Hon. THOMAS A. DASCHLE, other. Too many lives and too many We should be taken to task by the pub- Majority Leader, U.S. Senate, communities will be devastated if the lic for not directing this corrective re- Washington, DC. Senate washes its hands of this issue. I sult. Hon. TRENT LOTT, am committed to working with all my While well-meaning environmental Minority Leader, U.S. Senate, colleagues, on a bipartisan basis, day groups say let nature take its course, Washington, DC. after day after day, until this gets that is not, if you will, in the opinion Hon. RICHARD A. GEPHARDT, done. of many of us, the appropriate proce- Minority Leader, House of Representatives, I hope one day soon I will be able to dure. We can help nature. We can help Washington, DC. DEAR SPEAKER HASTERT, LEADER DASCHLE, our forests. The forests are there, and come to the floor of the Senate and LEADER LOTT, AND LEADER GEPHARDT, As a participate with my colleagues on we should recognize that we use the follow-up to your discussion yesterday morn- something that all Members can be- forests. They are a place of recreation; ing with the President, we enclose a sug- lieve is a positive step forward to make they are a place of productivity. If we gested form of resolution with respect to sure these treasures, our forests and have fires, we should take what the sal- Iraq. We stand ready to meet with you or lands across this country, are managed vage capabilities are in the forests and your staffs to discuss our proposal. move that timber out while it still has As the President indicated to you, it is our properly. hope that we can reach early agreement on I yield the floor. some value. the proposal at the leadership level to allow The PRESIDING OFFICER. The Sen- It is very frustrating to the Senator you to proceed to consider the resolution in ator from Alaska. from Alaska. We have fires in the inte- your respective chambers as soon as possible. f rior. The Tongass is a very wet area Sincerely, and we have few fires. But to see this NICHOLAS E. CALIO, FORESTS debate go on and on with no conclu- Assistant to the President for Legislative Af- Mr. MURKOWSKI. Madam President, sion, no recognition that decisions fairs. I congratulate my colleague from Or- should be made on the basis of forest ALBERTO R. GONZALES, Counsel to the President. egon and my colleague from California health, is extremely frustrating. I hope for the effort to try to reach a rational- my colleagues will consider the bottom JOINT RESOLUTION TO AUTHORIZE THE USE OF ization relative to the decimation of line. Let’s make a decision on what is UNITED STATES ARMED FORCES AGAINST IRAQ the forests in the Pacific Northwest. good for forest health. Whereas Congress in 1998 concluded that I am frustrated with regard to the ex- f Iraq was then in material and unacceptable tended negotiations associated with breach of its international obligations and forest health. Any Member, if we are DRAFT JOINT RESOLUTION TO AU- thereby threatened the vital interests of the stricken, seeks the very best advice. THORIZE THE USE OF U.S. United States and international peace and We do not hold a townhall meeting. We ARMED FORCES AGAINST IRAQ security, stated the reasons for that conclu- Mr. MURKOWSKI. Madam President, sion, and urged the President to take appro- seek out a specialist, a specialist who priate action to bring Iraq into compliance obviously is well trained, a specialist I am going to briefly turn to another with its international obligations (Public who bears the brunt of a suit if there is matter, and that is the recognition Law 105–235); malpractice associated with the care that today OPEC announced they were Whereas Iraq remains in material and un- given. not going to increase the production of acceptable breach of its international obliga- If I may draw a parallel, we have oil from the OPEC nations. What does tions by, among other things, continuing to very sick forests. They are sick as a this mean? It simply means that as we possess and develop a significant chemical consequence of well-meaning environ- look at going into a showdown with and biological weapons capability, actively seeking a nuclear weapons capability, and mental pressures to basically termi- Iraq, the Mideast nations that control supporting and harboring terrorist organiza- nate access into the forests, which has oil—basically OPEC—are not going to tions, thereby continuing to threaten the na- always been provided by logging. Many increase production. That means to the tional security interests of the United States people assume that old growth has al- American consumer a continuation of and international peace and security;

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.061 S19PT1 S8898 CONGRESSIONAL RECORD — SENATE September 19, 2002 Whereas Iraq persists in violating resolu- Whereas Congress in the Iraq Liberation When we confronted Saddam Hussein, tions of the United Nations Security Council Act (Public Law 105–338) has expressed its he advised us these were parts for his by continuing to engage in brutal repression sense that it should be the policy of the refinery, these were technical develop- of its civilian population, including the United States to support efforts to remove ments by the Baghdad Institute of Kurdish peoples, thereby threatening inter- from power the current Iraqi regime and pro- national peace and security in the region, by mote the emergence of a democratic govern- Technology. This was prior to the Per- refusing to release, repatriate, or account for ment to replace that regime; sian Gulf war. non-Iraqi citizens wrongfully detained by Whereas the President has authority under My point is, he has been misleading, Iraq, and by failing to return property the Constitution to take action in order to if you will, the Western World for an wrongfully seized by Iraq from Kuwait; deter and prevent acts of international ter- extended period of time and continues Whereas the current Iraqi regime has dem- rorism against the United States, as Con- to do so. The announcement he made onstrated its capability and willingness to gress recognized in the joint resolution on that he would welcome U.N. inspectors use weapons of mass destruction against Authorization for Use of Military Force is a guise. He will not allow U.N. in- other nations and its own people; (Public Law 107–40); and Whereas the current Iraqi regime has dem- Whereas the President has authority under spectors to have free rein in his coun- onstrated its continuing hostility toward, the Constitution to use force in order to de- try, and we will clearly see this as we and willingness to attack, the United States, fend the national security interests of the continue the process of evaluating our including by attempting in 1993 to assas- United States: Now, therefore, be it position. sinate former President Bush and by firing Resolved by the Senate and House of Rep- But we have an opportunity now to on many thousands of occasions on United resentatives of the United States of America in fish or cut bait. We are going to have States and Coalition Armed Forces engaged Congress assembled, in enforcing the resolutions of the United this resolution before us. I encourage SECTION 1. SHORT TITLE. each and every Member of the Senate Nations Security Council; This joint resolution may be cited as the Whereas members of al Qaida, an organiza- ‘‘Further Resolution on Iraq’’. to review it in detail and recognize the tion bearing responsibility for attacks on the insecurity of our Nation oil supply. United States, its citizens, and interests, in- SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES. Currently, we are importing some- cluding the attacks that occurred on Sep- The President is authorized to use all where close to 60 percent of our oil, pri- tember 11, 2001, are known to be in Iraq; Whereas Iraq continues to aid and harbor means that he determines to be appropriate, marily from the Mideast. We have the other international terrorist organizations, including force, in order to enforce the capability of reducing that dependence including organizations that threaten the United Nations Security Council Resolutions here at home. It is an issue in my lives and safety of American citizens; referenced above, defend the national secu- State. ANWR has been debated in this rity interests of the United States against Whereas the attacks on the United States Chamber. It has been supported by the of September 11, 2001 underscored the gravity the threat posed by Iraq, and restore international peace and security in the region. House but not the Senate. of the threat that Iraq will transfer weapons The technology that we have to de- of mass destruction to international ter- Mr. MURKOWSKI. This contains a velop this area is evident. To suggest rorist organizations; number of ‘‘whereas’s.’’ It is trans- we can do it safely is something that Whereas the United States has the inher- mitted by the Assistant to the Presi- ent right, as acknowledged in the United Na- most people with an objective view dent for Legislative Affairs and the tions Charter, to use force in order to defend would recognize clearly. The reserves Counsel to the President. At the con- itself; are as much as we would import from clusion of the resolution that is going Whereas Iraq’s demonstrated capability Saddam Hussein in 40 years or from and willingness to use weapons of mass de- to be before this body is a joint resolu- Saudi Arabia in 30 years. struction, the high risk that the current tion cited as ‘‘Further Resolution on Iraqi regime will either employ those weap- This matter is in the conference. It is Iraq.’’ I will read the ‘‘resolved’’ por- being discussed. It will be determined ons to launch a surprise attack against the tion: United States or its Armed Forces or provide by the conference as to what the dis- them to international terrorists who would The President is authorized to use all position will be. But I encourage Mem- do so, and the extreme magnitude of harm means that he determines to be appropriate, bers to recognize that we have an op- that would result to the United States and including force, in order to enforce United Nations Security Council Resolutions ref- portunity to take a position that would its citizens from such an attack, combine to affirmatively reduce our dependence on justify the use of force by the United States erenced above, defend the national security in order to defend itself; interests of the United States against the imported oil and send a very strong Whereas Iraq is in material breach of its threat posed by Iraq, and restore inter- message to the Mideast that we intend disarmament and other obligations under national peace and security in the region. to reduce that dependence. United Nations Security Council Resolution We undoubtedly will be addressing Recognize that we do have an alter- 687, to cease repression of its civilian popu- this issue in the very near future. I en- native. I think in future times, as we lation that threatens international peace courage my colleagues to recognize the address our continued vulnerability and security under United Nations Security and dependence on the Mideast, we are Council Resolution 688, and to cease threat- significance of what this obligation ening its neighbors or United Nations oper- means to each and every Member of the going to have to assert ourselves to ations in Iraq under United Nations Security Senate. We know Saddam Hussein is find some relief. That relief partially Council Resolution 949, and United Nations unpredictable. We know he is dan- might be in the joining together of Security Council Resolution 678 authorizes gerous. We know he has weapons of Canada, Mexico, the United States, use of all necessary means to compel Iraq to mass destruction. We know he has used Alaska, and Russia as an offset to our comply with these ‘‘subsequent relevant res- those weapons—certainly chemical dependence on imported oil from the olutions;’’ Mideast. While we do not have the Whereas Congress in the Authorization for warfare—on his own people. Use of Military Force Against Iraq Resolu- I had an opportunity several years depth of reserves, we have substantial tion (Public Law 102–1) has authorized the ago, with a small group of Senators, to reserves collectively. The idea of an en- President to use the Armed Forces of the visit Baghdad. Later we had an oppor- ergy group made up of those nations United States to achieve full implementa- tunity to meet with Saddam Hussein. could clearly send a message to the tion of Security Council Resolutions 660, 661, His ruthlessness was apparent at that Mideast that we will not be held hos- 662, 664, 665, 666, 667, 669, 670, 674, and 677, pur- time. tage by policies of the cartel which are suant to Security Council Resolution 678; Whereas Congress in section 1095 of Public To reflect a little bit on that par- designated to simply maintain high Law 102–190 has stated that it ‘‘supports the ticular time, there was at issue an alle- prices for oil by continuing to keep the use of all necessary means to achieve the gation that Iraq was importing a deliv- availability of oil at a minimum. goals of Security Council Resolution 687 as ery capability consisting of a huge can- As this matter comes before the Sen- being consistent with the Authorization for non-type device that had been inter- ate for further discussion and consider- Use of Military Force Against Iraq (Public cepted in the docks of London. This ation, as well as the conference, I urge Law 102–1),’’ that Iraq’s repression of its ci- was going to have the capability of de- my colleagues to keep an open mind vilian population violates United Nations livering a projectile farther than any and recognize that, again, we are going Security Council Resolution 688 and ‘‘con- to have to vote not on what is nec- stitutes a continuing threat to the peace, se- projectile had ever been delivered by curity, and stability of the Persian Gulf re- conventional methods, as opposed to a essarily the litany of America’s envi- gion,’’ and that Congress ‘‘supports the use missile-type system. ronmental community but what is of all necessary means to achieve the goals There was allegedly a triggering de- right for America. To suggest we of Resolution 688’’; vice also found on the docks of London. should not have these jobs in the

VerDate Sep 04 2002 04:32 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.022 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8899 United States as if we do not have the Mr. REID. Does the clerk need to re- not entitled to it because drought does technical capability to open up this port that or is it automatic? not fit the definition of disaster. area safely is not fraught with any de- The PRESIDING OFFICER. The That is just wrong. It is wrong be- gree of accuracy but it is simply mis- clerk does not need to report that. cause the law does not restrict them leading arguments that environmental The Senator from Massachusetts is from making loans to those small busi- groups continue to use to generate rev- recognized for 15 minutes. nesses. It is wrong because that is not enue in dollars. Mr. KERRY. Mr. President, thank the intent of the Congress to turn away I encourage each Member to recog- you very much. And I thank the distin- those small businesses, and they should nize the obligation that we have. That guished assistant majority leader. be following the law and following the obligation is do what is right for Amer- f intent of Congress. ica. What is right for America is to I might add that the SBA has in ef- UNANIMOUS CONSENT REQUEST— produce more energy and and to fect right now disaster declarations in S. 2734 produce clean energy here at home. 30 States that I just talked about. For One of the inconsistencies we have is Mr. KERRY. Mr. President, I am instance, in South Carolina, the entire that nobody seems to really care where going to be asking unanimous consent State has been declared a disaster by they get the oil as long as they get it. to proceed forward on the bill, but I am the SBA, but the administration is not They do not concern themselves with not going to do that until someone is helping all of the drought victims in whether it comes from a scorched here from the other side. And I know South Carolina that are looking for Earth, lack of any environmental over- they are going to object, or most likely help. sight a field in Iraq, or from fields in will object. Let me share with you the declara- Saudi Arabia, or from the rain forests But let me bring to the attention of tion of drought itself. It addresses this of Colombia. They only care if they get my colleagues in the Senate a situa- question of intent. it. tion that is not dissimilar to a situa- Small businesses located in all 46 counties As I have said time and time again, tion we faced some months ago in try- may apply for economic injury disaster loan assistance through the SBA. the world will continue to depend on ing to provide emergency assistance, oil, because that is what the world under the Small Business Administra- Let me read to you from the declara- moves on. We have no other alter- tion, to those who had been affected by tion: native. the events of September 11 of last year. Small businesses located in all 46 counties Some people suggest we have alter- We had a lot of small businesses in may apply for economic injury disaster loan assistance through the SBA. These are work- natives, but hot air is not going to the country that were hurting that had ing capital loans to help the business con- move us in an out of Washington, DC, collateral damage, if you will, as a continue to meet its obligations until the busi- although occassionally there is quite a sequence of those events. Many, many ness returns to normal conditions. . . . Only bit of it here. small businesses were dependent on the small, non-farm agriculture dependent and I yield the floor. I suggest the ab- economy as it flows through all sec- small agricultural cooperatives are eligible sence of a quorum. tors. So whether it was a small dry- to apply for assistance. Nurseries are also el- The PRESIDING OFFICER. The cleaner that was affected because they igible for economic injury caused by drought clerk will call the roll. were not doing as much business be- conditions. The assistant legislative clerk pro- cause hotels were not doing as much What do I mean by other businesses ceeded to call the roll. business or a limousine company or a that may be affected by drought? In Mr. REID. Mr. President, I ask unan- taxi company, there are many people South Carolina, conditions are so bad imous consent that the order for the who were affected tangentially because that small businesses dependent on quorum call be rescinded. of the dropoff in air travel, and so lake and river tourism have seen their The PRESIDING OFFICER (Mr. CAR- forth. revenues drop anywhere from 17 to 80 PER). Without objection, it is so or- It took us a number of months, al- percent. So you have victims of the dered. most six, unfortunately, in the Senate drought that range from fish and tack- f to respond in a way that many of us le shops to rafting businesses, from restaurants to motels, from marinas to ORDER OF PROCEDURE thought was both appropriate and adequate. And, again, we are sort of run- gas stations. Their livelihood is no less Mr. REID. Mr. President, under the ning into a strange kind of unexplained impacted and no less important than order previously entered, the Senator those who have been deemed to fit resistance by the administration to from Connecticut is entitled to the under only the agricultural definition. something that makes common sense, floor. I ask unanimous consent that Thousands of small businesses make is very inexpensive but also very nec- Senator KERRY be recognized, and that their living in tourism, recreation in- essary for a lot of small entrepreneurs he be allowed to speak for—how long dustries, not just in South Carolina but in our country. I am specifically refer- does the Senator from Massachusetts in many other parts of the country, in- ring to the Small Business Drought Re- wish to speak? cluding my State of Massachusetts, in Mr. KERRY. A few minutes. lief Act. Texas, Michigan, Delaware, and else- Mr. REID. Up to 15 minutes. In more than 30 States in our coun- where. Mr. KERRY. Not more. try, we have a declared drought emer- In fact, for a lot of States around the Mr. REID. And following that, I gency. And the drought is as signifi- Great Lakes Basin, sport fishing, as re- would advise the Senate that we will be cant in some places as it was during ported by the Committee on Small in a position, at that time, to ask the great Dust Bowl years of the De- Business and Entrepreneurship, brings unanimous consent to proceed with pression in the United States. into the region some $4 billion a year. legislation today, tomorrow, and Mon- Drought hurts more than farmers, There are many industries that are de- day, and maybe into Tuesday. The two more than ranchers. The purpose of pendent on water that are affected by leaders have worked this out. It is now this bill is to try to provide some emer- drought, and they ought to be eligible being drafted, and the two floor staffs gency assistance, in an affordable and for this help. have agreed on what the language sensible way, for those small busi- Is this opening Pandora’s box with should be. It is being typed now, and nesses that are not in agricultural-re- respect to a flow of lending that we we should be back in 15 minutes, fol- lated fields but desperately cannot get cannot afford? The answer is defini- lowing the statement from the Senator help, and need it, and cannot get it be- tively no. The SBA already has the au- of Massachusetts. cause the SBA does not apply the law thority, but its lawyers have decided The PRESIDING OFFICER. Without uniformly for all victims of drought. not to help these industries based on objection, it is so ordered. The SBA makes disaster loans to their own interpretation of a defini- Mr. REID. Mr. President, the busi- small businesses related to agriculture tion, despite the fact that Congress be- ness before the Senate is the homeland that are hurt by drought, but they are lieves otherwise. security bill; is that right? turning away small businesses that are That defies both common sense and The PRESIDING OFFICER. That is in industries unrelated to agriculture, fairness. Small businesses with every- correct. and claiming that those businesses are thing on the line desperately need this,

VerDate Sep 04 2002 01:31 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.065 S19PT1 S8900 CONGRESSIONAL RECORD — SENATE September 19, 2002 especially at a time when capital is a E. Barnes of Georgia, Gov. Paul E. Pat- STATE OF NORTH CAROLINA, lot tighter for working capital pur- ton of Kentucky, Gov. M.J. ‘‘Mike’’ OFFICE OF THE GOVERNOR, poses, where the lending is signifi- Foster, Jr. of Louisiana, Gov. Parris N. Raleigh, NC, July 18, 2002. cantly tighter from the banks and from Glendening of Maryland, Gov. Ronnie Hon. JESSE HELMS, Musgrove of Mississippi, Gov. Bob U.S. Senate, other traditional credit sources. Holden of Missouri, Gov. Michael F. Washington, DC. Our bill, the drought relief bill, does Easley of North Carolina, Gov. Frank DEAR SENATOR HELMS: I am writing to urge not expand the existing program. It Keating of Oklahoma, Gov. Jim Hodges your support for legislation recently intro- simply clarifies existing authority. of South Carolina, Gov. Don Sundquist duced in the Senate to add drought as a con- That is a matter of common sense. of Tennessee, Gov. Rick Perry of dition for which small businesses may apply In terms of cost, the Congressional Texas, Gov. Mark Warner of Virginia, for Small Business Administration Economic Budget Office estimates a cost of about Gov. Bob Wise of West Virginia. Injury Disaster Loans. $5 million annually. What we have here The Small Business Drought Relief Act (S. 2734) will correct the current situation facing STATE OF SOUTH CAROLINA, is a resistance by somebody in the U.S. our small businesses in North Carolina. SBA Senate to allowing this to go forward OFFICE OF THE GOVERNOR, Columbia, SC, July 9, 2002. disaster assistance is not available despite a based on about a $5 million annual esti- historic drought that is impacting not just Hon. JOHN KERRY, mate by CBO. U.S. Senate, our agriculture sector, but causing real busi- This chart of CBO’s estimate is a Washington, DC. ness and revenue losses, which threaten tally of the estimated spending under some firms with job layoffs or even bank- DEAR SENATOR KERRY: The State of South ruptcy. the SBA’s disaster loan program which Carolina is in its fifth year of drought sta- shows the differential with this par- These businesses need help, and access to tus, the worst in over fifty years. Some parts low-interest SBA loans can offer a lifeline to ticular bill. of the state are in extreme drought status allow paying bills and making payrolls until This bill is bipartisan. The principal and the rest is in severe drought status. business returns to normal. cosponsors are Senator BOND and Sen- 99% of our streams are flowing at less than I urge you to push for rapid action on this ator HOLLINGS. All the members of our 10% of their average flow for this time of important enhancement to SBA’s ability to committee—the Committee on Small year. 60% of those same streams are running help our people through this time of trouble. Business and Entrepreneurship—voted at lowest flow on record for this date. The With kindest regards, I remain in favor of this bill. There are 25 co- levels of South Carolina’s lakes have dropped Very truly yours, MICHAEL F. EASLEY, sponsors, Democrats and Republicans; anywhere from five feet to twenty feet. Some lakes have experienced a drop in water level Governor. 17 Governors have written us to express so significant that tourist and recreational their support of this legislation in use has diminished. STATE OF NORTH CAROLINA, hopes we will pass it, including 15 of State and national climatologists are not OFFICE OF THE GOVERNOR, the Southern Governors’ Association. hopeful that we will receive any significant Raleigh, NC, July 18, 2002. I ask unanimous consent that letter, rainfall in the near future. To end our cur- Hon. JOHN EDWARDS, and others, be printed in the RECORD. rent drought, we would need an extended pe- U.S. Senate, There being no objection, the mate- riod of average to above average rainfall. Washington, DC. rial was ordered to be printed in the DEAR SENATOR EDWARDS: I am writing to Droughts, particularly prolonged ones such thank you for your support for legislation RECORD, as follows: as we are experiencing now, have extensive introduced in the Senate to add drought as a SOUTHERN GOVERNORS’ ASSOCIATION, economic effects. For farmers who experi- condition for which small businesses may Washington, DC, August 19, 2002. ence the economic effects of such a drought, apply for Small Business Administration Hon. JOHN KERRY, assistance is available through the USDA. Economic Injury Disaster Loans. U.S. Senate, Russell Senate Office Building, For small businesses, assistance is available The Small Business Drought Relief Act (S. Washington, DC. only for agriculture related small businesses, 2734) will correct the current situation facing DEAR SENATOR KERRY: We are deeply con- i.e. feed and seed stores. For businesses that our small businesses in North Carolina. SBA cerned that small businesses in states experi- are based on tourism around Lakes and Riv- disaster assistance is not available despite a encing drought are being devastated by ers, there is currently no assistance avail- historic drought that is impacting not just drought conditions that are expected to con- able. our agriculture sector, but causing real busi- tinue through the end of the summer. We We have reports of lake and river tourism ness and revenue losses, which threaten urge you to support legislation that would dependent businesses experiencing 17% to some firms with job layoffs or even bank- allow small businesses to protect themselves 80% declines in revenue. The average decline ruptcy. against the detrimental effects of drought. in revenue is probably near 50% across the These businesses need help, and access to Much like other natural disasters, the ef- board. low-interest SBA loans can offer a lifeline to fects of drought on local economies can be My staff has contacted Small Business Ad- allow paying bills and making payrolls until crippling. Farmers and farm-related busi- ministration and they are not authorized to business returns to normal. nesses can turn in times of drought to the offer assistance to these businesses because a I urge you to push for rapid action on this U.S. Department of Agriculture. However, drought is not defined as a sudden occur- important enhancement to SBA’s ability to non-farm small businesses have nowhere to rence. Nonetheless, a drought is an ongoing help our people through this time of trouble. go, not even the Small Business Administra- natural disaster that is causing great eco- With kindest regards, I remain tion (SBA), because their disaster loans are nomic damage to these small business own- Very truly yours, not made available for damage due to ers. MICHAEL F. EASLEY, drought. Governor. To remedy this omission, Sen. John Kerry I am requesting that you assist us in this (D–Mass.) introduced the Small Business situation by proposing that the Small Busi- OFFICE OF THE GOVERNOR, Drought Relief Act (S. 2734) on July 16, 2002, ness and Entrepreneurship Committee take July 23, 2002. to make SBA disaster loans available to action to at least temporarily amend the Hon. JOHN F. KERRY, those small businesses debilitated by long SBA authorizing language and allow them to Chairman, Committee on Small Business, Wash- drought conditions. This bill was passed by offer assistance to small businesses affected ington, DC. the Senate Small Business Committee just by prolonged drought. This would allow Gov- Hon. CHRISTOPHER BOND, eight days later. Also, the companion legis- ernors to ask SBA for an administrative dec- Ranking Member, lation (H.R. 5197) was introduced by Rep. Jim laration of economic injury because of Washington, DC. DeMint (R–S.C.) on July 24, 2002. Both bills drought. The low interest loans SBA can DEAR SENATORS KERRY AND BOND: Much of are gaining bipartisan support, and we hope offer these businesses would allow many of Nevada and the Nation have been experi- you will cosponsor this important legislation them to weather the drought and remain in encing extreme drought over the past several and push for its rapid enactment in the 107th business for the long run. years. In Nevada we have seen the effects of Congress. My staff has also been in contact with Sen- this situation through catastrophic range As 11 southern states are presently experi- ator Hollings’ legislative staff. I hope to- and forest fires, insect infestations and loss encing moderate to exceptional drought con- gether, we can find an expedient solution to of crops and livestock. ditions this summer, we cannot afford to the plight of these small business owners. Prolonged drought causes a drastic reduc- wait to act. We urge you to cosponsor the Short of finding a way to control the weath- tion in stream and river flow levels. This can Small Business Drought Relief Act and push er, this may be our only option to help their cause the level of lakes to drop so signifi- for its consideration as soon as possible. dire situation. cantly that existing docks and boat ramps Sincerely, Sincerely, cannot provide access to boats. In the case of Gov. Don Siegelman of Alabama, Gov. JIM HODGES, range and forest fires we have seen small Mike Huckabee of Arkansas, Gov. Roy Governor. innkeepers and hunting and fishing related

VerDate Sep 04 2002 01:31 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.068 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8901 businesses that have their entire season tion to offer low-interest disaster loans to for delay—I underscore—there was an wiped out in a matter of a few hours. these businesses and afford them the same e-mail circulated by somebody with Unfortunately for some small businesses, opportunity as agriculture-related busi- some gargantuan unofficial estimate of drought assistance is available only for agri- nesses to recover and survive. cost that has no relationship to any le- culture related small businesses, such as feed I appreciate your assistance and support and seed stores. For businesses that are and look forward to working with you and gitimate estimate that has been made based on tourism around lakes and rivers, your colleagues on this very important mat- here. The CBO estimate clearly dem- there is currently no drought assistance ter. onstrates that this measure is sensible, available. Sincerely, with a cost of about $5 million a year. The Small Business Administration (SBA) PAUL E. PATTON, What is happening is we are seeing a is not currently authorized to help these Governor. little bit of partisanship—maybe we businesses because a drought is not a sudden Mr. KERRY. This is a letter from the are seeing a lot of it these last days occurrence. Nonetheless, a drought is an ongoing natural disaster that causes great Southern Governors’ Association, with here in the Senate. I hope we can over- damage to these small businesses. 15 southern Governors signing and ask- come this in the next days. I look for- I would like to lend my support to S. 2734, ing us to pass this assistance. They ward to working with Senator BOND The Small Business Drought Relief Act. This have sent letters to Members of Con- and others to see if we can proceed for- bill would amend the guidelines and author- gress asking them to support and pass ward on this legislation. ize the SBA to offer assistance to small busi- the bill. I yield the floor. nesses affected by prolonged drought. With Finally, we are not talking about f passage of this bill, Governors would be al- grants. We are talking about loans. lowed to ask SBA for administrative declara- HOMELAND SECURITY ACT OF These are going to be repaid. The de- tions of economic injury because of drought. 2002—Continued The low interest loans SBA can offer these fault record of the SBA over the last 10 businesses would allow many of them to years is really quite extraordinary on The PRESIDING OFFICER. The Sen- weather the drought and remain economi- the positive side of the ledger. The ator from Utah. cally viable for future operation. question is whether we are going to Mr. HATCH. Mr. President, we all Sincerely, look to small businesses that are agree that one of the many important KENNY C. GUINN, equally hard working as anyone else in tasks of the new Department of Home- Governor. the country, who, like farmers, are suf- land Security will be protecting our country’s computer infrastructure COMMONWEALTH OF KENTUCKY, fering the economic consequences of a from cyber attacks. Computer tech- OFFICE OF THE GOVERNOR, drought that is beyond their control. Frankfort, KY, July 23, 2002. I thank Senator BOND for working nology is at the heart of our country’s Hon. JOHN F. KERRY, with me to try to address this problem. economy and has improved every as- Chairman, Committee on Small Business and I thank Senator HOLLINGS, particu- pect of our lives. Terrorists and others Entrepreneurship, U.S. Senate, larly, the chairman of the Commerce who wish to harm our country recog- Washington, DC. Committee, for introducing the bill nize that cyber attacks on our vital Hon. CHRISTOPHER S. ‘‘KIT’’ BOND, with me. I am particularly grateful to computer and related technological Ranking Member, Committee on Small Business systems can have a devastating impact and Entrepreneurship, U.S. Senate, the small business owners who have Washington, DC. brought this issue to our attention and on our country, our economy and the DEAR CHAIRMAN KERRY AND SENATOR BOND: who hope we can break out of any par- lives of our people. The threat of cyber As you know, much of our nation is strug- tisan resistance within the Senate in attacks, be it from foreign and/or do- gling to overcome ‘‘moderate’’ to ‘‘extreme’’ order to do what is right. mestic actors, is not new, but we all drought conditions. Droughts, especially pro- I hope my colleagues will permit us understand that the risks today are longed droughts, have extensive, devastating to proceed forward on this legislation. even greater. effects that damage crops and livestock, de- I suggest the absence of a quorum. The threat of a devastating cyber at- teriorate soil, and fuel raging wildfires. tack is real and the potential for harm These are only some of the irreparable ef- The PRESIDING OFFICER. The fects that droughts can have on small busi- clerk will call the roll. is great. nesses, communities, and state and local The assistant legislative clerk pro- A recent study found that cyber at- economies. ceeded to call the roll. tacks on the Internet were projected to In general, federal disaster assistance is Mr. KERRY. Mr. President, I ask increase this year by as much as 65 per- available for agriculture and agriculture-re- unanimous consent that the order for cent. Just last year, two Russian hack- lated small businesses that are impacted by the quorum call be rescinded. ers infiltrated American banks and drought. However, droughts hurt more than The PRESIDING OFFICER. Without businesses, stole private data, includ- agricultural, forestry, and livestock businesses. objection, it is so ordered. ing credit card numbers, and extorted Prolonged drought also causes a drastic re- Mr. KERRY. Mr. President, I ask those companies by threatening to deduction in stream and river flow levels. This unanimous consent that the Senate stroy their computers or release their can trigger such a significant drop in the proceed to consideration of Calendar customers’ private information. level of lakes that existing docks and boat No. 535, S. 2734; and that the Bond Since September 11, there has been ramps cannot provide access to boats, which amendment, which is at the desk, be growing concern about the risk to our impacts many additional small businesses. considered and agreed to; the com- country of a serious cyber attack, par- As a result, many non-farm small businesses that are water-reliant also suffer mittee-reported substitute amend- ticularly one against our infrastruc- staggering revenue losses in the wake of a ment, as amended, be considered and ture which could have devastating con- drought disaster, yet they do not currently agreed to; the bill, as amended, be read sequences. Late last fall the FBI traced receive disaster relief. Unlike other natural three times, passed, and the motion to a suspicious pattern of surveillance disasters such as hurricanes or floods, the ef- reconsider be laid upon the table; that against Silicon Valley computers origi- fects of drought build up over-time, last for any statements relating thereto be nating from the Middle East and South several years, and are jeopardizing the future printed in the RECORD at the appro- Asia involving emergency telephone of these small business owners. The lack of priate place as if read, without further systems, electrical generation and federal disaster assistance available to these non-farm small businesses only forces undue intervening business or debate. transmission, water storage and dis- job layoffs and bankruptcies and further dis- The PRESIDING OFFICER. Is there tribution, nuclear power plants and gas rupts drought-impacted communities. objection? facilities in the bay area. Recently, it I thank you for recognizing that many fish Mr. SANTORUM. Mr. President, I ob- was reported that energy companies and tackle shops, rafting businesses, res- ject. have suffered a significant increase in taurants, motels, camp grounds, marinas, The PRESIDING OFFICER. Objec- cyber attacks—up 77 percent this gas stations, and other small businesses in tion is heard. year—which have raised concern that Kentucky and other states are severely im- Mr. KERRY. Mr. President, my hope the country’s power system may be pacted by drought but are unable to receive federal disaster assistance. I strongly sup- is, again, that Senators on the other within the cross hairs of cyber terror- port your resulting efforts, the Small Busi- side, who are also cosponsors of this ists. ness Drought Relief Act (S. 2734), which bill, will assist us in trying to proceed Given the vital role that computer would allow the Small Business Administra- forward because there is no rationale and related technologies play in our

VerDate Sep 04 2002 04:56 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.033 S19PT1 S8902 CONGRESSIONAL RECORD — SENATE September 19, 2002 country’s economy and infrastructure, to a governmental entity—e.g. hos- should occur, hopefully, momentarily. it is not difficult to imagine an assault pital, law enforcement—in an emer- That amendment will be debated to- on a computer system which might gency situation involving danger of night. The leader is expecting to vote cause death or serious bodily injury. death or serious bodily harm. The sometime tomorrow morning before For example, a hacker who infiltrates a amendment also expands the list of noon. hospital database to erase records may ‘‘emergency’’ situations where law en- The PRESIDING OFFICER. The Sen- thereby cause a patient to be deprived forcement may obtain pen register and ator from Utah is recognized. of necessary medication or treatment. trap and trace information to include AMENDMENT NO. 4693 TO AMENDMENT NO. 4471 As another example, consider the possi- ongoing attacks on a protected com- (Purpose: To provide greater cybersecurity) bility of a cyber attack on a natural puter and when necessary to protect Mr. HATCH. Mr. President, I send an gas distribution pipeline that opens national security interest. In order to amendment to the desk and ask for its safety valves and releases fuel or gas. address privacy concerns, the amend- immediate consideration. Attacks on sophisticated control sys- ment includes increased penalties for The PRESIDING OFFICER. The tems, such as those involving natural illegal interceptions of cellular tele- clerk will report. gas, oil, electric power and water, phone calls and intrusions of stored The legislative clerk read as follows: which typically use automated super- communications. The Senator from Utah [Mr. HATCH], for visory control and data acquisition Finally, the bill establishes the Of- himself and Mr. SCHUMER, proposes an fice of Science and Technology as an amendment numbered 4693 to amendment systems, would have a far-reaching ef- No. 4471. fect. independent office under the general We have acted before when necessary authority of the Assistant Attorney Mr. HATCH. Mr. President, I ask to protect our country and our econ- General, Office of Justice Programs. unanimous consent that the reading of omy from cyberterrorists. The Patriot This modification will help OJP to the amendment be dispensed with. The PRESIDING OFFICER. Without Act included several important provi- focus the necessary resources on the objection, it is so ordered. sions to improve our nation’s cyber se- development of technology and hard (The text of the amendment is print- curity in response to the increasing science research. This measure will ened in today’s RECORD under ‘‘Text of threats to our country. The amend- hance OST’s ability to assist state and Amendments.’’) ment I am offering today continues local law enforcement in developing Mr. HATCH. Mr. President, I yield that work. new cutting-edge technologies, such as back the rest of my time. Of course, The amendment I am offering today computer forensics, firearms and bal- the amendment will be accepted. is noncontroversial, and was passed by listics technology, and crime mapping. The PRESIDING OFFICER. The the House, on July 15, 2002. The House Law enforcement is increasingly rely- question is on agreeing to the amend- bill, H.R. 3482, was sponsored by Rep- ing on new and innovative tech- ment. resentative LAMAR SMITH from Texas, nologies, and we need to make sure The amendment (No. 4693) was agreed and passed with overwhelming bipar- that they have all of the tools avail- to. tisan support by a vote of 385 to 3. We able to fight terrorists and other crimi- The PRESIDING OFFICER. The mo- need to act in the same bipartisan nals. tion to reconsider is laid upon the manner and pass this amendment. Mr. President, I urge my colleagues table. The amendment will strengthen our to join in support of my amendment. Mr. HATCH. I suggest the absence of criminal laws and provide greater flexi- Once again, we need to demonstrate to a quorum. bility to communications providers and our country that working together, in The PRESIDING OFFICER. The law enforcement when necessary to a bipartisan fashion, we can accom- clerk will call the roll. prevent and protect against dev- plish great things, and we can protect The legislative clerk proceeded to astating cyber attacks. Specifically, our country from the dangers of poten- call the roll. the amendment would increase the tially devastating cyber attacks. Mr. LIEBERMAN. Mr. President, I criminal penalty in section 1030 of title Mr. President, I pay special tribute ask unanimous consent that the order 18 of the United States Code for a cyber to Senator SCHUMER from New York, for the quorum call be rescinded. attack to a maximum of 20 years im- who is a cosponsor, and tell him how The PRESIDING OFFICER. Without prisonment where such an attack much I appreciate the work of him and objection, it is so ordered. causes serious bodily injury, and life all the others who are cosponsors of Mr. LIEBERMAN. Mr. President, I imprisonment where such an attack this particular amendment. ask unanimous consent that the pend- causes death. Currently, section 1030 The PRESIDING OFFICER. The as- ing amendment of Senator BYRD be provides a maximum punishment of sistant majority leader. laid aside so I might offer another only 10 years imprisonment for a cyber Mr. REID. Mr. President, I ask unan- amendment. attack which results in serious bodily imous consent that the pending amend- The PRESIDING OFFICER. Without injury or death. ments be laid aside and that Senator objection, it is so ordered. The amendment directs the Sen- HATCH be recognized to offer his AMENDMENT NO. 4694 TO AMENDMENT NO. 4471 tencing Commission to review the Fed- amendment dealing with (Purpose: To establish the National Commis- sion on Terrorist Attacks Upon the United eral sentencing guidelines for cyber cybersecurity; that Senator HATCH be States and for other purposes) crimes to reflect the significant harm allowed to speak for up to 5 minutes— Mr. LIEBERMAN. Mr. President, I caused by such crimes and the need for and we have been informed there is no send an amendment to the desk and deterrence. Such a review was not in- one on our side who wishes to speak on cluded in the Patriot Act, and is clear- ask for its immediate consideration. this matter—that there be no second- The PRESIDING OFFICER. The ly necessary in light of the changes to degree amendments in order; that at clerk will report. the federal computer crime statutes the conclusion or yielding back of The legislative clerk read as follows: contained in the act as well as in this time, the amendment be agreed to and The Senator from Connecticut [Mr. amendment. Such a review based on the motion to reconsider be laid upon LIEBERMAN], for himself and Mr. MCCAIN, the factors included in this amendment the table. proposes an amendment numbered 4694 to should give judges greater latitude to The PRESIDING OFFICER. Without amendment No. 4471. increase a defendant’s sentence to bet- objection, it is so ordered. Mr. LIEBERMAN. Mr. President, I ter account for the seriousness of the Mr. REID. Mr. President, if the Sen- ask unanimous consent that the read- cyber attack. ator will withhold 1 minute, we are in ing of the amendment be dispensed The amendment also includes provi- the process of trying to work out the with. sions to give communications providers next step of our unanimous consent re- The PRESIDING OFFICER. Without and law enforcement greater flexibility quest. We think we are going to be able objection, it is so ordered. when dealing with emergency situa- to do that. Senator THOMPSON is on his (The text of the amendment is print- tions where there is a risk of serious way to the Chamber. ed in today’s RECORD under ‘‘Text of bodily injury or death. Specifically, If that is the case, the next amend- Amendments.’’) the amendment creates a ‘‘good faith’’ ment that will be offered in the next Mr. LIEBERMAN. Mr. President, this exception to allow communications few minutes will be that of Senator is an amendment which embraces legis- providers to disclose communications LIEBERMAN and Senator MCCAIN. That lation that my friend and colleague

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.018 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8903 from Arizona, Senator MCCAIN, and I war against al-Qaida but only assigned be made known to the American peo- introduced last December and then a single analyst to that task; there was ple. Whether they be economic, diplo- joined up with similar legislation in- intelligence information, of course, and matic, intelligence, there are a number troduced by the Senator from New Jer- law enforcement intelligence, not of factors which led up to the tragic sey, Mr. TORRICELLI. Ultimately, we being coordinated. events of September 11. have 22 Members of the Senate from Senator MCCAIN and I, as well as Sen- Obviously, the lawmakers and those both parties who have joined as cospon- ators TORRICELLI and SPECTER, met who are involved so far in the inves- sors of the legislation. earlier today with some of the families tigation are not satisfied with the in- The underlying bill went to the Sen- of the people who lost their lives on formation we have received. There is ate Governmental Affairs Committee, September 11. The question they con- an article in the Washington Post, which I am privileged to chair, and was tinued to ask is: How could this have dated Thursday, September 19, today, reported out favorably earlier this happened and was it preventable? They which says in part: year. strongly support the adoption of this Lawmakers from both parties yesterday This amendment now embraces that independent commission. Why? Be- protested the Bush administration’s lack of legislation. It would create an inde- cooperation in the congressional inquiry into cause they have had the heroic September 11 intelligence failures and pendent, nonpartisan citizens commis- strength to turn their grievous loss threaten to renew efforts to establish an sion to investigate how and why the into active advocacy for the kind of in- independent commission. tragic terrorist attacks against the vestigation that will go as far as we The article continues: United States happened on September can humanly go to determine the ‘‘Are we getting the cooperation we need? 11, 2001. causes of September 11 so we make Absolutely not,’’ Sen. Richard C. Shelby The underlying measure we are con- sure it never happens again. (Ala.), the ranking Republican on the Senate sidering to create a Department of The commission, to be appointed by Intelligence committee said in a joint ap- Homeland Security, to better organize legislative leaders of both parties of pearance with Chairman Bob Graham (D- the Federal agencies whose dis- both Houses, is to have 10 persons on it, Fla). . . . Graham added: ‘‘What we’re trying to do is organization, I fear, created some of not Government employees, not Mem- get people who had hands on these issues. the vulnerabilities that the terrorists bers of Congress—an equal number of . . .And what we’re being told is: no, they took advantage of in striking us on members of both political parties. don’t want to make those kind of witnesses September 11, is a proposal that also They choose the chair and vice chair. available.’’ came out of our committee. This ought to be, and I am confident Both Graham and Shelby yesterday en- This amendment would improve the will be, a commission that will not dorsed the idea of independent panels. In his Department that will be created as a remarks at the start of the hearings, Shelby consider itself in any sense limited or warned that ‘‘there may come a day very result of the underlying proposal. Up truly identified by party affiliation. soon when it will become apparent that ours until this time, the Joint Intelligence This is a commission that will have a must be only a prelude to further inquiries.’’ Committees of the House and Senate public purpose: To go beyond the focus Shelby acknowledged that the congres- have been pursuing investigations fo- of the Intelligence Committees; di- sional probe would be incomplete. ‘‘I’m cused particularly on how the intel- rected towards intelligence; to consider afraid if we try to publish at the end of this ligence community performed and the widest array of possible causes of session a definitive paper on what we found, what lapses there were in that perform- that there will be things that we don’t know September 11; to look at our defense because we hadn’t had time to probe them ance that may have contributed to the policies, our foreign policies, our inter- and we have cooperation.’’ attacks of September 11. national economic policies, our inter- I quote Senators SHELBY and GRAHAM Senator MCCAIN and I, and our col- national public diplomacy policies, our because they are two of the most re- leagues, introduced this measure last intelligence, our law enforcement; to spected Members of this body, the December because we believed, first, leave no stone unturned in trying to chairman and ranking member of the that there was a need now, after this answer the question of how September Intelligence Committee, both highly truly unprecedented attack of Sep- 11 could have happened, so we make regarded in all areas but particularly tember 11, 2001. People compare it to sure it never happens again. in carrying out their responsibilities as Pearl Harbor. It is comparable, but re- It will have the credibility of an inde- members of the Intelligence Com- member, Pearl Harbor was primarily pendent, nonpolitical, nonpartisan mittee. an attack against Americans in uni- commission composed of a mix of citi- I go back for a second to the issue of form. September 11, 2001, was an attack zens whose experience and capacity what brought about September 11. I against innocent civilians, a classic will bring great credibility to this re- will give an example of a factor that terrorist attack. After Pearl Harbor, port. needs to be examined which has noth- there were investigations in Congress, I am so pleased there has been a ing to do with any secret information not unlike the ones being carried out twist of fate and procedure, often quite or intelligence information. by the Joint Intelligence Committee. important in this body, that has al- In 1989, with the active help of the But there were also citizens’ commis- lowed us now to introduce this amend- United States of America and our al- sions involved to carry out broader in- ment. I am, therefore, honored to move lies, the then-Soviet Union was driven vestigations, and that is exactly what its adoption. out of Afghanistan. At that point in this commission, as created by this I yield the floor. time, we, as a policy, the United States amendment now, would do, if adopted. The PRESIDING OFFICER (Ms. of America, turned our back on Af- This commission would build on the CANTWELL). The Senator from Arizona. ghanistan. We provided very little as- work done by the Intelligence Commit- Mr. MCCAIN. Madam President, I sistance, we paid very little attention, tees which began their reports yester- thank my friend, Senator LIEBERMAN, except to celebrate a great victory for day. for the privilege of working with him the then-Afghan freedom fighters. The testimony from the staff director on an issue that I think is of some im- We all know what transpired in the of the committee, I found chilling, in- portance. I appreciate again the fact ensuing 10 to 11 years. The Government sofar as it reported that as far back as that he moved this legislation through of Afghanistan basically became a se- 1998, if I remember the date correctly, the committee of which he is chair- ries of fighting warlords, and chaos there was intelligence traffic inter- man. At that time, the debate and the prevailed throughout the Nation, and cepted that indicated that the al-Qaida discussion lent weight to the passage of up came, as happens in history, a group terrorists were, in fact, discussing the this legislation. called the Taliban that promised order use of civilian aircraft as weapons tar- We are simply seeking a commission to the people of Afghanistan. Over time geted against prominent buildings in to investigate all of the factors that they welcomed the Taliban and, of the United States of America. Along led to the tragic events of September course, the Taliban assumed power. As the way, the Director of the CIA, so the 11. We believe there is more than an in- part of their regime, they not only al- testimony yesterday went before the telligence aspect of this scenario that lowed but encouraged and provided Intelligence Committees, effectively needs to be addressed. We believe there help and assistance—all this is a mat- declared an intelligence community were a variety of factors that need to ter of public record—to Osama bin

VerDate Sep 04 2002 04:56 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.072 S19PT1 S8904 CONGRESSIONAL RECORD — SENATE September 19, 2002 Laden. It was well known that Osama most respected people in America to devoted to al-Qaida before 9/11 helps explain bin Laden maintained and built his ter- serve on this commission. why the $30 billion a year spent on intel- rorist training camps there, his finan- But let’s have no doubt that a com- ligence did not turn up the terrorist plot. But the report raises new questions about cial network, and was the breeding mission is called for, just as a commis- the failure of the FBI and CIA to redirect re- ground for the terrorists, including sion was called for following December sources from cold war enemies to new age those who hijacked the airplanes on 7, 1941, when Franklin Delano Roo- terrorists. September 11. sevelt felt that the United States of The New York Times: What is it that led the United States America was not too busy to appoint a Despite DCI’s declaration of war in 1998, of America to make a policy decision commission to examine the events that there was no massive shift in budget or reas- that what happened in Afghanistan was led up to what he called the day that signment of personnel to counterterrorism not of sufficient concern to the United will live in infamy. until after September 11. States of America and our policy- I thank Senator LIEBERMAN. I will I ask unanimous consent that these makers to intervene at any time as quote from several articles that ap- articles I just quoted from be printed this scenario unfolded? That is just one peared in the newspapers in previous in the RECORD. example of the areas that need to be days that are bound to ratchet up con- There being no objection, the mate- explored. cern and, in some cases, the frustration rial was ordered to be printed in the Where was the economic aid? Did the of the American people about this RECORD, as follows: United States of America, because of a issue. WHILE AMERICA SLEPT variety of reasons, not encourage or L.A. Times headline: U.S. Overlooked The initial findings of a Congressional even countenance the behavior of the Terrorism Signs Well Before Sep- committee that has been reviewing the per- Saudi Government? The Saudi Govern- tember 11: formance of America’s intelligence agencies ment, as we all know, is funding the A House-Senate panel report says al-Qaida before Sept. 11 are profoundly disturbing. Madrasas. They are giving money to was focusing on a domestic attack and the While the investigation has not found that the Islamic extremists who recruit use of planes as far back as the mid-1990s. the agencies collected information pointing young Middle Eastern men off the to the date and targets of the attacks, it has New York Times editorial, Sep- streets and teach them to hate the discovered reports that Osama bin Laden and tember 19, 2002, ‘‘While America his followers hoped to hit sites in the United United States of America, our culture, Slept’’: States and that they might employ commer- our values, the West. Indeed, 15 of the cial airliners as weapons. The response of spy The initial findings of a Congressional 19 hijackers on September 11 were organizations—and the government at committee that has been reviewing the per- Saudi citizens. They were not large—was anemic. formance of America’s intelligence agencies One of the great unanswered questions has uneducated. Many of them, as we all before Sept. 11 are profoundly disturbing. been whether the government had enough in- know, had received pilot training in While the investigation has not found that telligence in the months before Sept. 11 to the United States of America. the agencies collected information pointing fear an imminent blow within the United Why did the United States fail to re- to the date and targets of the attacks, it has States and to take aggressive steps to discovered reports that Osama bin Laden and alize that the Saudis, in the guise, per- heighten security, especially at airports. The his followers hoped to hit sites in the United haps, of being the guardians of the answer now appears to be affirmative. Inves- most sacred places of the Muslim Is- States and that they might employ commer- tigators working for the Senate and House lamic religion, were funding very gen- cial airliners as weapons. The response of spy intelligence committees found numerous reorganizations—and the government at erously these radical Islamic elements ports in the archives of the Central Intel- large—was anemic. ligence Agency and other spy organizations whose influence spread all over the One of the great unanswered questions has Middle East? suggesting that the bin Laden network was been whether the government had enough in- eager to mount attacks within the United There was a tragic bombing of the telligence in the months before Sept. 11 to States. There were also warnings that ter- Marine barracks in Beirut in 1983. fear an imminent blow within the United rorists were considering using airplanes. What was the reaction of the United States and to take aggressive steps to The accumulation of alarming evidence led States to that, beside an eventual very heighten security, especially at airports. The George Tenet, the director of central intel- rapid withdrawal from Beirut? answer now appears to be affirmative. Inves- ligence, to tell his top aides in December 1998 The U.S.S. Cole, in port in Yemen, tigators working for the Senate and House that ‘‘we are at war’’ with Osama bin Laden intelligence committees found numerous re- was attacked by Islamic extremists. and ‘‘I want no resources or people spared in ports in the archives of the Central Intel- this effort.’’ That was exactly the right reac- U.S. Embassies all over the world were ligence Agency and other spy organizations tion, but the mobilization of resources that attacked. What was the response of the suggesting that the bin Laden network was followed did not match the threat. United States to those tragedies? eager to mount attacks within the United The Congressional investigators learned My point is there is a broad variety States. that almost no one at the Federal Bureau of of issues that need to be addressed. One of the articles here from USA Investigation was aware of Mr. Tenet’s dec- Those issues, as credible as the U.S. Today is entitled ‘‘Intelligence Fails.’’ laration of war. On Sept. 11, the F.B.I.’s international terrorism unit had just one an- Congress is, need to be examined by the It is very curious: most respected people in the United alyst to deal with Al Qaeda. Even the C.I.A. Almost 3 years before the September 11 at- itself did not make major readjustments to States of America—men and women tacks, CIA Director George Tenet sent a evaluate the threat. The agency increased who have spent their entire lives in memo to his deputies. ‘‘We are at war the number of analysts assigned full time to public service and are highly regarded against Osama bin Laden. I want no re- the bin Laden network from three in 1999 to by the American people whose assess- sources or people spared in this effort.’’ five in 2001 before the attacks. Despite the ment and evaluation and, most impor- I want to repeat what CIA Director indications that airliners might be used as weapons, including one August 1998 report tantly, recommendations will be given George Tenet sent in a memo 3 years that terrorists might fly a plane into the enormous credibility by the Congress prior to September 11: of the United States, the President of World Trade Center, intelligence analyst ap- We are at war. ...I want no resources or parently made little effort to assess the aer- the United States and, most impor- people spared in this effort. ial threat. The Federal Aviation Administra- tantly, the people of the United States, But the article goes on to say that, tion did not take the threat seriously. who still are confused as to how these Since Sept. 11, the C.I.A., F.B.I. and other by the morning of September 11, the events came about to their great sur- agencies have poured resources into the fight prise, astonishment, and sorrow. war effort had yet to be mounted. against terrorism, and addressed many of the The makeup of the commission According to a report released Wednesday inadequacies depicted in the Congressional should be of the most respected people by the House and Senate in their first public study. The findings underscore the urgent in America. Exactly who appoints hearing....Lawmakers revealed CIA’s need for greater alertness, more coordination Counterterrorism Center had just five ana- between agencies and the recognition that who—the President, the majority lead- lysts assigned full time to tracking bin intelligence agencies must constantly be er—we have a formula in our bill, but Laden’s network. The FBI put one lone al- looking not just for familiar threats but also we are willing to negotiate that. In a Qaida analyst assigned to the agency’s inter- for new and unexpected methods of attack- bipartisan spirit, we can select the national terrorist unit. A lack of attention ing America.

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INTELLIGENCE FAILS wake of previous attacks tended to result in take, shouldn’t that someone be held ac- As the massive FBI investigation uncovers piecemeal reforms. What’s needed is a whole- countable, just a little? People lose jobs in more details of the scope, complexity and sale review of how the U.S. collects, studies government for hiring nannies and forget- long-term planning behind the Sept. 11 ter- and uses foreign and domestic intelligence. ting to pay their taxes. In the military, offi- rorist attacks, it is revealing an equally Preferably with an eye toward better coordi- cers resign when something goes wrong on massive failure in the nation’s counterintel- nation. their watch, even if they were personally ligence efforts. In this context, Bush’s new Cabinet posi- blameless for what happened. Isn’t it pos- Earlier this week, the FBI suggested that tion makes perfect sense. sible that some people should be rep- two more planes might have been targeted There are almost certainly other terrorist rimanded, or even lose their jobs, when 3,000 for hijacking. That’s on top of what is al- plots in the works designed to take advan- Americans are killed in a terrorist attach? ready known—that more than a dozen terror- tage of previously identified weaknesses in For the past eight months the Bush adminis- ists spent years training and preparing for the system. tration has essentially been saying that ev- the attack inside the USA, almost certainly Finding out who perpetrated the unimagi- erything and everyone worked just fine. with the help of many more accomplices. nable horror inflicted on the U.S. last week That is absurd and unsustainable. And, of course, it’s perilous. The third rea- How could so many terrorists operate for so is important. Preventing any future attacks son we need an investigation is that the sys- long in the U.S. piecing together a complex on U.S. citizens is critical. tem did not work. Either we didn’t have the attack plan without detection? Madam President, there is an edi- intelligence we should have had before Sep- President Bush took the first much-needed torial from the Weekly Standard, tember 11. Or the information was not ade- step to addressing that question Thursday ‘‘Time For An Investigation.’’ quately distributed and therefore key signals with a call for a new Cabinet-level home- If President Bush knows what’s good for were missed. Or the intelligence was assem- land-defense agency. It is a recognition of the country—and we think he does—he will bled but wasn’t taken seriously enough. Or it what many terrorism experts have long seen immediately appoint an independent, blue- was taken seriously but insufficient action as a key weakness in national security, one ribbon commission to investigate the gov- was taken to prevent an attack. We don’t that has left the country not just scrambling ernment’s failure to anticipate and ade- know there the system broke down. We only to piece together the Sept. 11 attack, but quately prepare for the terrorist attacks of now that it did. also wondering whether the nation’s September 11. Make George Shultz and Sam Surely the first step in fixing the system— counterterrorism efforts will be able to de- Nunn co-chairmen. Give the commission full and thereby defending ourselves against the tect the next attack before it is launched. and unfettered access to all intelligence next attack [and that is really what this The nation’s checkered history of tracking from the CIA and FBI and to all relevant in- commission is about, fix the system and de- Osama bin Laden and anticipating the evil ternal administration documents. fend ourselves from the next attack] is to deeds later linked to his network is anything This is a very important point in this identify what went wrong or who performed but reassuring. badly. Isn’t anyone troubled by the fact that Since the U.S. Embassy bombings in Tan- commission. This commission must if the failure stemmed partly from incom- zania and Kenya in 1998, the government has have access to all relevant documents. petence, then the incompetent people are claimed that it is taking substantial efforts I think the frustration articulated by still at their vitally important posts? Isn’t to root out bin Laden’s terrorist network. As Senators SHELBY and GRAHAM cannot President Bush troubled? If it was the sys- recently as June of this year, the CIA and be a part of this independent commis- tem that failed, then should that same sys- Senate Intelligence Committee members tem be left in place because no one is willing were reassuring the public that bin Laden sion. There are three reasons such an investiga- to take a hard look at how and why it failed? was being kept ‘‘off balance’’ and ‘‘on the We understand the administration’s reluc- tion is necessary. First, the administration run.’’ Yet this diligence didn’t detect or tance to go through this wrenching process. is now in danger of looking as if it has en- deter either the Sept. 11 tragedies or the Oc- We understand, too, why the president’s sup- gaged in a cover-up. The carefully worded tober suicide bombing of the USS Cole in porters are reluctant to demand an inves- and evasive statements by various adminis- Yemen, both of which were only later linked tigation. It was nauseating last week to tration spokesmen in response to the report to bin Laden’s terrorist network. watch Democratic politicians trying to score of the president’s August 6 CIA briefing have These missteps come as no surprise to ter- cheap points against President Bush, treat- raised as many questions as they have an- rorism experts. In recent years, studies by ing this most serious of questions as if it swered. We understand the conundrum that those inside and outside government have re- were another made-to-order Washington administration spokesmen face. They can’t peatedly warned that the intelligence sys- scandal. ‘‘What we have to do now is to find be precise about what they did or didn’t tem, built during the Cold War, was ill-suit- out what the president, what the White know without revealing classified informa- ed to counter the modern terrorist threat. House, knew about the vents leading up to 9/ tion. We also presume the administration The focus was too much on monitoring troop 11, when they knew it, and, most impor- has nothing to hide. But the cat is out of the movements and acquiring hardware and spy- tantly, what was done about it at that bag. The ranking Republican on the Senate ing technology, not utilizing the kind of time,’’ said Dick Gephardt smarmily, des- Intelligence Committee, Richard Shelby, human intelligence needed to penetrate mul- perately trying to fasten blame on the presi- says that ‘‘we’ve just scratched the surface.’’ tinational, loosely organized terror cells. dent a` la Watergate. Responsibilities have been spread across The country needs to be assured that a rep- Unfortunately, the Bush administration, several federal agencies that don’t always utable and unbiased group is going beneath too, has gone into scandal mode—into a de- coordinate. As a December 2000 RAND report the surface to find the truth. fensive crouch. Vice President Dick Cheney put it, the nation’s anti-terrorism program Nor can we assume that the investigation came out swinging, claiming that any criti- ‘‘is fragmented, uncoordinated and politi- already in progress by a special joint con- cism, even a call for an investigation of the cally unaccountable.’’ gressional committee will do the trick. administration’s actions before September At the same time, reports were detailing Given the vulgar partisanship into which 11, was ‘‘thoroughly irresponsible . . . in a the growing threat of massive attacks posed most elected officials descended last week, time of war.’’ But he’s wrong. It’s precisely by rogue terrorists. The spread of technology we have no confidence that any congres- because we’re in a war that we need an inves- made greater levels of destruction possible, sional committee can come up with a rep- tigation to find out where we failed. After and the advance of religious fanaticism made utable and authoritative report. Pearl Harbor, there were half a dozen such Furthermore, regardless of what congress use of it more likely. As a June 2000 National investigations. Franklin D. Roosevelt or- does, the president should order an inves- Commission on Terrorism report noted, ‘‘to- dered the first—just after Pearl harbor. tigation for the sake of accountability with- day’s terrorists seek to inflict mass casual- President Bush should follow that war presi- in the executive branch. ties, and they are attempting to do so both dent’s lead. Then he should get back to the overseas and on American soil.’’ I think my colleagues and the Amer- business of winning the war. With all efforts now devoted to tracking ican people may know that not one Again, I believe everyone who is re- down leads in the wake of the Sept. 11 at- person has been replaced, removed, sponsible for anything, as a matter of tack, law enforcement and intelligence com- fired, asked to resign, retire or held re- munities have little time to analyze their public service, should be held respon- failings. As CIA spokesman Mark Mansfield sponsible for the events of September sible. That is obvious. But the reason put it Tuesday, the agency ‘‘won’t be dis- 11—remarkable. Remarkable. why Senator LIEBERMAN and I have tracted’’ by criticism. Ever since September 11 we have been fought so hard is because the American That’s fine. Their failings will get plenty troubled and puzzled that almost no one in people deserve to know one funda- of airing in Congress and elsewhere. The Sen- the government seems to have been held re- mental fact; that is, that we know all ate Intelligence Committee has already sponsible—much less, heaven forbid, stepped of the factors and causes of the tragedy promised hearings on the failure to detect forward to assume responsibility—for fail- the suicide hijackings. ure. Was what happened on September 11 the of September 11. Once we know all of More important, though, is that problems consequence of everyone doing their job per- those factors and causes, we will then identified in these postmortems should be fectly? Can it really be that no one made a be able to take the necessary action to corrected. Recommendations made in the mistake? And if someone did make a mis- prevent a repetition.

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.026 S19PT1 S8906 CONGRESSIONAL RECORD — SENATE September 19, 2002 I don’t know how in the world we can sults of this commission, the sooner we of the families of those who died on assure the American people that there can take the necessary measures to de- September 11: How did this happen? will not be a repetition unless we know fend against a repetition. And how can we know everything that everything that caused it. That seems I yield the floor. is possible to know so we can make to me so obvious on its face that that The PRESIDING OFFICER. The Sen- sure it never happens again? alone is a compelling reason for the ap- ator from Connecticut. But as to the specific details, we wel- pointment of this commission. Mr. LIEBERMAN. I thank the Chair. come the questions and inquiries of the I have had the great honor, as have I thank my friend from Arizona for a Members of the Senate before this most Members of this body, to have the very eloquent statement. I thank him amendment comes to a vote. opportunity to know the family mem- for the work we have done together on I yield the floor. bers and survivors of those who per- this proposal. I also thank him for The PRESIDING OFFICER. The Sen- ished or were wounded in the tragic clarifying something about which I ator from Nevada. events of September 11. They have misspoke. I said there had only been Mr. REID. Madam President, while come to me and to Senator LIEBERMAN one analyst at the CIA committed to the two sponsors of this amendment and many other Members of this body targeting al-Qaida even after al-Qaida are in the Chamber, and the two man- and said: We deserve to know. We de- had been determined to be the source agers of this bill, we have had a num- serve to know what happened that of terrorism against us in a very com- ber of inquiries in the cloakrooms brought about the deaths of our loved mitted act. In fact, there were five— about what the rest of the day is going ones. still not a significant enough number— to hold. There is the question of wheth- They make a very compelling case. in the counterterrorism center of the er or not we will have any more votes They make an argument that I think is CIA, and one analyst at the Federal tonight. hard to refute. We owe them a great Bureau of Investigation. I know the Senator from Tennessee debt because of the service and sac- For the record, the amendment we has looked at the proposed unanimous rifice of many of their loved ones. In- have offered today differs in a few re- consent request, which basically would credible feats of heroism, as we all spects from the bill reported out of give several hours of debate on this know, were performed on September 11. committee. amendment today and an hour set I hope we will give some weight to We are calling for an even division aside for Monday to complete debate their opinions and desires. I think it is between Republicans and Democrats in on it and vote on it on Monday. But I perfectly legitimate and understand- choosing commission members. As am wondering, without pressing the able that they have a right to know Senator MCCAIN said, I certainly hope Senator from Tennessee too hard, what caused the events that took away this is a nonpartisan commission—not could the Senator give us some indica- their husbands, fathers, wives, sons, even bipartisan—with the majority tion when he might be in the position daughters, brothers, sisters, and parties of the Senate and House each to see if we can enter into this unani- friends. receiving three picks and the minority mous consent request so we can better I hope we can get a large majority parties in each House having two nomi- field the questions in the cloakrooms? vote so we can go to conference with nations. This is the configuration of an Mr. THOMPSON. I am not sure ex- the House, get this commission ap- equivalent commission recently cre- actly what is in the unanimous consent pointed, and give them the tools they ated by the House of Representatives. request. But I can possibly be a little need to make sure we appoint in a non- And it has another notable precedent bit more definitive after we have had a partisan—not bipartisan, nonpartisan— in the form of a National Commission chance to discuss what is going on fashion the members of this committee on Terrorism created by Congress in here. who are the most respected men and 1999 headed by former Ambassador Mr. REID. What it simply says is women in America. We could come up Paul Bremer, which produced some that there would be a total of probably with a list in a very short period of work that had an effect on our foreign 3 hours for debate equally divided, and time, give them the tools they need, policy. then we would come back on Monday and within a reasonable length of time There are three other minor changes and debate it for another hour. At that they could report back to the Presi- in the text of our original bill. The bill time, the Senate would vote in relation dent, to the Congress, and, most impor- emphasizes that the commission should to the amendment. There would be no tantly, to the American people. build on the progress of Congress and second-degree amendments in order In that way, as far as those who lost its committees, and other inquiries, es- prior to the disposition of the amend- loved ones in the tragic 9/11 attacks are pecially the joint inquiry of the Senate ment. concerned, at least they may have and House Intelligence Committees re- It is very simple and direct. But we some comfort in the knowledge that we garding terrorist attacks. are trying to get something set up for will be prepared to take whatever nec- I hope they will come to the floor and tomorrow and Monday. We have left a essary steps to ensure that no other speak for themselves. But I want to say lot of Senators without any direction. family member ever experiences the that Senator GRAMM, chairman of the We need to do that. As soon as the Sen- tragic loss they experienced. Intelligence Committee of the Senate, ator from Tennessee feels confident I hope we can discuss this issue at and Senator SHELBY, vice chairman, that we can enter this agreement, let the proper length. have each said to me—although origi- us know, and we will do that as quickly I again thank my friend from Con- nally earlier in the hearings—that they as possible. If we can do that, I think necticut. I see my friend Senator have some concerns but now fully sup- the leader will be in a position to an- THOMPSON on the floor, who probably port the creation of the commission nounce that there will be no more knows as much as or more than, on that this amendment would bring votes tonight. Until that happens, we many of these issues, any Member of about. can’t do that. this body. I am obviously very inter- The amendment, as we have sub- Mr. THOMPSON. I will be happy to ested in hearing his views on this legis- mitted it, provides that the chair and respond to the Senator a little later lation. the vice chair of the commission, in ad- this afternoon. Finally, I say again that this legisla- dition to the chairpersons, can issue The PRESIDING OFFICER. The Sen- tion is not carved in stone. Senator subpoenas. And it makes technical im- ator from Tennessee. LIEBERMAN and I are willing to make provements to the bill’s alternative Mr. THOMPSON. Madam President, I adjustments to it. We are willing to subpoena enforcement mechanism. welcome the opportunity, while I have take input from the administration or I wanted my colleagues to know that two of my close friends and respected any of our colleagues or anyone else there have been those changes from the Members who are sponsoring this who is concerned about it. That is why bill as it came out of our committee, amendment here on the floor, to hope- we have the amending process. But we and to echo what Senator MCCAIN has fully enter into a discussion under the also think we ought to get it done, and said. This is an idea. It is an idea that rules of the Senate and with the con- we also think that time is not on our we believe is a necessity, in the public sent of our colleagues as to some of the side because the sooner we get the re- interest, to answer the plaintive cries details of this proposal, as to what is

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.077 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8907 intended, as to what we are trying to states—and we would be glad to report year’s timeframe for this investiga- accomplish, and as to whether or not language, with the assistance of the tion? this is the best way to accomplish it. Senator from Tennessee, to point out Mr. LIEBERMAN. Responding to the I commend my colleagues for their that clearly intelligence is a central Senator, a total of 18 months, with a effort. I think they have had for a long and perhaps most important aspect of preliminary report due after 6 months. time the idea of a commission—a long any investigation of this nature. The Mr. THOMPSON. All right. Well, that time before a lot of other people who Senator mentioned that there are a is more than the Intelligence Com- are now calling for one. They have had number of other factors we would want mittee has had. I must concede that. this vision. Quite frankly, I have tried to take into consideration. But the question really is, Can we do to keep an open mind with regard to While the Senator was off the floor, I all of that? We are combining some the wisdom of it. I sit on the Intel- pointed out that we turned our back on things that would be very subjective, ligence Committee. Right now, we are Afghanistan after 1989. What were the very politically sensitive. Hopefully, having bipartisan and bicameral hear- reasons for that? And what were the we will have the kind of people on this ings with regard to many issues, some diplomatic or national security factors commission to be able the deal with of which have to do with 9/11. that led to that decision being made? that, along with some very detailed in- I ask my colleagues—either or both However, having said that, it is clear quiry with regard to the intelligence of them—how they view the role of the intelligence plays a featured role in community. commission with regard to the intel- any investigation. But I am also a lit- Is that the best way to go? Can we ligence issues. tle bit concerned—and I wonder if the really hope that at the end of the day I am wondering whether we could Senator from Tennessee is concerned— we have been able to do all of that? probe very deeply and successfully into about a report in the Washington Post That leads me to my second question, what happened with regard to 9/11, in- where, ‘‘[Senator] Shelby acknowl- I suppose, and that is in regard to ac- cluding any intelligence breakdown, edged that the congressional probe cess to information. As I read through and still come away with a not very would be incomplete. ‘I’m afraid if we this, there is a provision for ‘‘Informa- good analysis of the difficulties we are try to publish at the end of this session tion From Federal Agencies’’ for this having in the intelligence community. a definitive paper on what we found, commission. On page 9 of the amend- Is it the best thing to do to have a that there will be some things that we ment, it says: commission that has a rather broad don’t know because we hadn’t had time The Commission is authorized to secure di- mandate with regard to anything and to probe them and we have not had rectly from any executive department, bu- everything and at any level of Govern- enough cooperation,’ he said.’’ reau, agency, board, commission, office, ment with regard to September 11 of As I respond, I wonder if the Senator independent establishment, or instrumen- which intelligence would be a part? Is from Tennessee has that concern, as tality of the Government information, sug- that better than maybe a deeper probe expressed by Senator SHELBY. gestions, estimates, and statistics for the that is more narrowly focused with re- Mr. THOMPSON. I would say, in re- purposes of this title. gard to our intelligence failures? Be- sponse, that I indeed have had that I am not sure that—let’s just say for cause most of us believe that is at the concern as that investigation has gone the purposes of this discussion—having heart of the difficulties we saw in rela- along. And we have seen the various access with regard to intelligence tion to September 11. problems we have had with it and the agencies, with regard to suggestions, I have had the opportunity to read various difficulties we have had inter- estimates, and statistics would do us the amendment once. I notice the func- nally and externally, and with the time very much good. tions of the commission are to conduct limitation we placed on ourselves in Now, the right kind of information investigations that may include rel- this intelligence investigation. And I would be helpful, but is the intent here evant facts relating to intelligence was concerned a long time about where that this commission will be able to go agencies. But ‘‘intelligence agencies’’ we were going to end up and whether into these agencies, regardless of what is mentioned, along with a lot of other we were going to be in a position of as- they are? agencies: ‘‘law enforcement agencies;’’ suring the American people that we Also, you have another provision in ‘‘immigration, nonimmigrant visas, had done more than we had really here that provides for clearance and and border control;’’ ‘‘the flow of assets done. providing access to people with sen- to terrorist organizations;’’ and other I will have more to say on that later. sitive information. areas of concern that are not agencies, I still want to keep my powder as dry But is the intention to provide the such as ‘‘commercial aviation’’ and as I can for as long as I can because it members and/or staff of this agency ‘‘diplomacy.’’ I am not sure what that is ongoing and hope springs eternal. with the authority and the ability to means. But I certainly do have concern go into these agencies and to review But I would ask my colleagues what about that, which gets me back to my the most sensitive information? went into their thinking, what is the original concern about where intel- I think back to the Rumsfeld Com- state of their thinking with regard to ligence ought to play in this inquiry. mission, which I think most people that issue. Is it best to have the broad- I appreciate the Senator’s reassur- would agree was a very successful en- er scope that might trip lightly over ance with regard to that, and its im- terprise, dealing with issues of missile intelligence issues? Would that be bet- portance and, perhaps, central func- technology and nuclear capability of ter than having a more detailed and tion, central role. But I wonder; it con- various countries, and so forth, very narrow inquiry as to intelligence fail- cerns me when I see that put together sensitive information. It was done suc- ures? with immigration issues, and aviation cessfully. I would ask my friend from Arizona issues, and diplomacy issues. A lot of these people were scientists what his thinking is with regard to For example, I would be interested and the same kind of people, perhaps, that. and would like, if we could get the in many respects that your commission Mr. MCCAIN. Madam President, I ask right kind of people and the right kind would adopt. They have done that very unanimous consent that Senator of objectivity, to have a session as to successfully. I am wondering if some- LIEBERMAN, Senator THOMPSON, and I our policies with regard to reaction one some months hence would read this be allowed to enter into a colloquy for ever since the bombings in Beirut, to document and say: We did not intend the exchange of comments to one an- the attack on the USS Cole, to the to do that. Whatever reports are out other. events in Somalia, and all of that. there, analyze those reports. But we The PRESIDING OFFICER. Is there What effect did all of that have on all didn’t have any intention for you going objection? of this? Did that embolden people in and really getting something that Without objection, it is so ordered. around the world, who have ill intent they didn’t want to give you. Mr. MCCAIN. I thank you, Madam toward us, to do some of these things? I think that is relevant because ap- President. Those are very interesting, important parently we still have to make the I say to my friend from Tennessee, issues. But can we take on all of that White House a believer that this is a first of all, our amendment explicitly within—what do we have here?—a good idea. I am wondering, in terms of

VerDate Sep 04 2002 04:56 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.080 S19PT1 S8908 CONGRESSIONAL RECORD — SENATE September 19, 2002 the wording of the bill or legislative in public, certainly to engage public Your commission would come along history, what would be the proper way testimony at various points. and overlay that and take up where to address that question. Mr. MCCAIN. I have one additional that leaves off but would have quite a Mr. LIEBERMAN. Madam President, comment for my friend from Ten- bit broader mandate. It makes me won- I will respond to the Senator from Ten- nessee. One, I believe some of these der whether you really could pick up nessee. I thank my friend for his very hearings have to be held in a classified where they leave off and do the same thoughtful and directly relevant ques- environment. There is just too much kind of job they would have done had tions. raw data out there. I believe the War- they been in business for a while I will try to respond to the first one ren Commission, in their investiga- longer, which leads me to the addi- very briefly and add to what the Sen- tions, held closed meetings as well. tional question: Has my friend consid- ator from Arizona said. I also want to say to the Senator ered—I haven’t discussed this with The commission is given a broad from Tennessee, he was an integral anyone because it just occurred to mandate, in section 604 of this pro- part, as all of us know, in probably the me—whether or not it might be wise to posal, to conduct an investigation of most successful and best known inves- extend the inquiry of the joint intel- all relevant facts and circumstances tigation in this century. That, of ligence committee? We placed an end- relating to the terrorist attacks of Sep- course, was the Watergate committee. of-the-year limitation on this. We had tember 11, 2001, and then it goes on to There are certain parallels, there are the first, I guess you might say, sub- say, that ‘‘may’’ include relevant facts certain nonparallels, obviously, be- stantive public hearing yesterday. We and circumstances relating to, first, in- cause we are dealing with different know about how much longer we are telligence agencies, and then all the issues. But I know the Senator from going to be around here from a prac- rest. Obviously, intelligence is listed Tennessee learned a number of lessons tical standpoint in terms of Members. first, though I emphasize the ‘‘may.’’ from the Watergate hearings. Those I don’t think anybody wants a result This commission has discretionary that apply to this legislation that he and a report that is totally staff driv- authority to go ahead as it will decide thinks could improve our efforts and en. It is not even a permanent staff. It to conduct a very broad investigation get a better product—we now will have is a very good staff, assembled from called for under that section A that I that vote on Monday, I understand—I various places. Some of us know who read from. I certainly hope they will do would be eager to work up an amend- these people are and some of us don’t. some work on the intelligence commu- ment or amendments with the help of But on something this important, with nity, building on the work the joint in- the Senator from Tennessee to bring this kind of time limitation, there is telligence committee has done. this commission to the quality and going to be an awful lot of uneasiness The uniqueness of our proposal is to level which would achieve the goals about all of that. have it be more comprehensive, to get that we seek. I have some uneasiness about the into exactly the kind of broader ques- I would like to engage in those disability of this commission to just pick tions that may seem remote but are cussions, if we could. up from there and go on, when we are not, about what impact the USS Cole Mr. THOMPSON. I appreciate that considering these other broad cat- and Somalia, et cetera, had on both our very much. I would ask, just narrowing egories that perhaps need to be consid- foreign policy and the attitudes of oth- down a little bit more, how do my col- ered, either in a commission or other- ers abroad that may have all contrib- leagues see the work of this commis- wise. I am not sure. But one of the uted to what happened on September sion in relation to the work of the joint things that occurs to me—I don’t see 11. The breadth is very important. intelligence committee? why we would shy away from putting it We are trying to build a complemen- Mr. LIEBERMAN. Responding to the on the table and talking about it—is tary structure because if you want to Senator from Tennessee—another very perhaps extending the joint commit- end this commission’s work feeling important question—it is the intention tee’s work into next year. that you asked every question that of the sponsors that the work of this Mr. LIEBERMAN. Responding again could have been asked about how Sep- commission build on and complement to my friend from Tennessee, let me di- tember 11 happened, there would have the work of the joint intelligence com- rect myself to the first part of your to be a lot of questions about intel- mittee in investigating the events of question. If this commission functions ligence agencies but a lot as well about September 11, 2001. The joint intel- as its sponsors want it to, this national things that may seem remote, like ligence committee has done some very commission on terrorist attacks upon commercial aviation policies or immi- important work. It already produced the United States, it will have the gration policies. That is what the in- some material, just yesterday released high-quality commissioners devoted to tent is. publicly, that was riveting and in its its work, as well as a large, first-rate I do want to respond to the second way raised an additional set of ques- staff that will have the capability both question, which is very important. It tions to be answered either by the com- to pick up the work in the intelligence seems to me this commission will not mittee and its later investigation or by community and carry it as far as it can be able to successfully complete its this commission. be carried forward to answer all rel- work unless it has full access to all the Again, the purview, the focus of the evant questions relating to the causes relevant documents in our Govern- commission we intend to create is of September 11, but also to investigate ment. That is why we have required in much broader and would build on what the other subject matter areas we have the wording of the proposal that the the joint committee on intelligence talked about—diplomacy, law enforce- various departments expeditiously re- has done but then go into other areas ment, aviation policy, et cetera. spond to requests for security clear- we talked about: Defense, foreign pol- Of course, the question of whether ances by members of the commission icy, immigration policy, law enforce- the Intelligence Committee investiga- and their staffs. ment, commercial aviation, et cetera. tion goes on is a separate question. There was an earlier time when some Mr. THOMPSON. I say to my col- And this commission idea stands on its criticized the idea for this commission, league, it seems to me the situation is own. I am encouraged, as I mentioned, saying it might be a circus; I guess on basically this: We have concerns, some that the chair and vice chair of the In- the presumption that it would all be in with regard to our intelligence commu- telligence Committee, Senators public. That is not our intention. nity and our intelligence difficulties; GRAHAM of Florida and SHELBY, both Mr. THOMPSON. Do you provide for some have to do with nonintelligence support the establishment of an inde- closed hearings? areas. We have talked about the area of pendent commission. So I conclude Mr. LIEBERMAN. That is right. The diplomacy and action and reaction to they believe its work can be com- legislation provides for closed hear- attacks, for example. We have a com- plementary. ings. It is my guess that most of the mittee that is about to wind up its Mr. THOMPSON. I thank my col- work of this commission, though not work dealing with the intelligence league. Does the Senator from New all of it, would be done in closed classi- area. I think many people are very con- Jersey have a contribution to make? fied investigations. But some of it, cerned that they are not going to get Mr. LIEBERMAN. If I might first hopefully, presumably, would be done to the heart of the issue. note the presence of the Senator from

VerDate Sep 04 2002 05:00 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.083 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8909 New Jersey on the floor, he was an Madam President, I cannot give that successors will. But make no mistake early, outspoken, and passionate advo- explanation to the hundreds of widows about it, there will be answers. Some- cate for an independent investigation— or orphans and parents and brothers thing very wrong happened. and I have another adjective—per- and sisters in the State of New Jersey Somebody has to provide answers. sistent. Acting separately, he intro- who have survived and dealt with the First, we were told that a commission duced a bill with Senator GRASSLEY, unimaginable. I do not simply hope was impossible because it would inter- and Senator MCCAIN and I introduced that this commission is adopted, but fere with the war in Afghanistan. What another measure. We all agreed we that, on a bipartisan basis, Members of an extraordinary notion: A nation with have the same goals, and we put our this Senate send an unequivocal mes- a $2 trillion budget, a quarter of a bil- two proposals together. sage that this Government is account- lion people, a million men under arms I thank him for his advocacy of this able, its agencies are accountable, and and confronting al-Qaida in Afghani- idea, and I am glad he is on the floor. the American people will get answers. stan prohibited us from using resources I welcome him now to this discussion. It is not that I have come to the floor or personnel to conduct an investiga- Mr. TORRICELLI. I thank my friend. with a suggestion that is somehow a tion—an extraordinary notion, consid- Is the Senator from Tennessee control- compromise with our tradition or un- ering that Franklin Delano Roosevelt ling the time? usual in our practice. This commission was willing to undertake an investiga- The PRESIDING OFFICER. The Sen- will respond, exactly as every other tion while fighting the Germans and ator has used his time. The Senator generation of Americans has responded the Japanese with sufficient resources. from New Jersey is recognized. in every other crisis of similar or lesser Then we were told this was better Mr. TORRICELLI. Madam President, proportions. This Congress demanded done in the Intelligence Committee— on September 12, 2001, I came to the an answer from a commission about possibly a good explanation if the only floor of the Senate to suggest to my the reasons of the causes of the Civil issues of failures were in the intel- colleagues that the magnitude of what War. They were still collecting bodies ligence community. What about immi- had happened to the United States of in the North Atlantic and this Senate gration? How about the FAA? How America in the terrorist attack re- went to New York and met in midtown about law enforcement? How about the quired an independent analysis and es- Manhattan to get answers for how the coordination of policies to save the tablishment of a national commission Titanic could have sunk. The Depres- lives of those firefighters or police offi- of inquiry. I am proud to have led this sion was still ongoing when we de- cers? How about 100 other Government effort, but it was not either my cre- manded a commission for its reasons. agencies? This may be a CIA issue, but ation or principally my idea. And 11 days after Pearl Harbor, Frank- In New Jersey, a week after the ter- it is not only a CIA issue. Still the be- lin Delano Roosevelt, before the U.S. lief was this could be done in the Intel- ror of September 11, I began to hear even counterattacked, wanted the from the widows and the families—sim- ligence Committee. Only now the bi- American people to know how their partisan leadership of the Intelligence ple Americans who believe in their Armed Forces had let them down. He Committee, Senator SHELBY and Sen- country, pay their taxes, and felt se- would not allow American sons and cure behind our borders, recognizing ator GRAHAM, report to us that they daughters to die in a war until their cannot get cooperation from the nec- that the United States is the most awe- parents knew what happened to our essary Government agencies to even some military power ever assembled on military, our preparedness, so their conduct their limited review in this the face of the earth. Intelligence and parents would know that their lives law enforcement services are larger narrow focus. were in good hands. How dare they. How dare anyone here than in every other nation com- Lyndon Johnson did no less after the withhold information or cooperation bined. Just 24 hours before, 19 men with Kennedy assassination, and President from this Senate or the families of the $250,000 had delivered the most dev- Reagan did no less after the Challenger victims who have demanded answers? astating attack on these United States accident. in our history. None of these reports were perfect. It How dare anyone. Their inquiry of me as their Senator was always a painful experience. None Are there those in this Government was simply: What do we tell our chil- of us ever want to admit that anyone who believe their principal loyalty is dren? What are we to believe about our in our Government, anyone in the serv- to their agency, the reputation of their country and our Government that we ice of our country did not perform per- bureau, someone in the bureaucracy were unable to defend our most vulner- fectly. The truth is that terrible things rather than the people of the United able citizens; that thousands had been happen even when people do perform States of America? Does it mean so left dead and thousands were orphaned well, and that may be the conclusion of much to be an agent of the CIA, an em- and lives will never be the same again? this commission, as it has been with ployee of the FBI, or the National Se- I did not have any answers to their others. I don’t know. But the truth is, curity Agency? Is that so important questions, so I brought their questions no Member of the Senate knows either. that you would withhold information to my colleagues. Unless this commission is established, from the American people in a search It has been a long struggle to bring we will never know. for justice for the United States of this commission to this point. I am The simple truth is the Senate might America? more grateful than I can explain that reject this commission, the President I have served in institutions, and I Senator LIEBERMAN and Senator may fail to sign it, or the House of believe in institutional loyalty, but MCCAIN have taken this effort to the Representatives may fail to adopt it. that means nothing compared to loy- point of legislation and possible adop- But that does not mean that there will alty to the United States of America. tion. not be a commission. Yet we have the spectacle of the bipar- No one seeks to cast blame. No one Sometimes justice is so over- tisan leadership of our Intelligence seeks to unfairly lay responsibility whelming, a cause so obvious and pow- Committee claiming they cannot get upon those who may not deserve it. But erful that you can delay it, but you cooperation from the bureaucracy something is wrong—370 days have cannot stop it. Defeat this commission itself. passed, after thousands of lives were today and it will be voted on next year There are issues so large in this de- lost in a complete and total breakdown or the next year—even if it is 10 years, bate that they can only be settled by of the security of the United States of even if it is 20 years. No event of this an overwhelming vote for this commis- America, and I am unaware that one magnitude can happen in a country, in- sion. It is about the accountability of individual has been transferred, de- flicting this much pain, this much the Government itself to the people. It moted, held responsible, fired, noted, or change in a society, without the ac- is about many things, but most fun- criticized. It cannot be that the secu- countability of its Government. Either damentally it is that: Can the people of rity of the United States was breached, the widows and the widowers and the the country hold their Government and thousands of lives were lost, and every parents of these victims will get this its agencies accountable? I do not agency performed perfectly, everybody commission or their children will. know. did their job, all 1 million Federal em- Either the Members of the Senate For one of the first times in my life, ployees performed as expected. will establish this commission or our I am not sure the bureaucracy or its

VerDate Sep 04 2002 05:00 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.085 S19PT1 S8910 CONGRESSIONAL RECORD — SENATE September 19, 2002 components in the intelligence or law The distance between ourselves and the sion and eloquence to the floor today. enforcement agencies genuinely can be events will not lessen the intensity of We will persist together, in growing monitored and controlled by the Con- the need or the demand for the inquiry. numbers in this body, until the ques- gress of the United States. But we are I want nothing but the truth for the tions that he asks, that the families going to find out because that is what families, the communities in my State are asking, are answered. He is right, this commission is about, more than of New Jersey which have suffered so there is an inevitability to this idea, anything else. badly, and mostly for my country. The but ‘‘inevitable’’ can be a long time. One year has passed. Billions of dol- U.S. Government failed our people. It We have to make it happen sooner lars have now been appropriated to does not mean that we are not a good rather than later, and the adoption of deal with terrorism and homeland se- people or that this is not a great Gov- this amendment will do just that. curity. The Congress has been asked ernment, but good and great govern- I do want to say to my friend from for the most sweeping reorganization ments learn by experiences and their New Jersey, he raised a question about of the Government in American his- failures. We can be a better country the underlying bill—I know it was done tory. There is not a Member of this better able to protect our people with a in the context of what he was saying. I Senate who in good conscience either more accountable Government, with do want to assure him, which I know he cast these votes or can cast votes in intelligence and law enforcement agen- knows, that the underlying proposal the future without knowing the results cies that understand their responsibil- for the Department of Homeland Secu- of this inquiry. Spend $10 billion, $20 ities and their needs based on this rity does derive from the Hart-Rudman billion, $30 billion. On what basis is the process. Commission, which saw these money spent? Is there a Member of the It will be a painful process of growth, vulnerabilities before September 11, Senate who knows which agencies but it will happen. We will learn how it and called for a new department, and failed, which should be improved, is that the FBI, given all these warn- the National Commission on Ter- which should be expanded, which ings, could not have had people who rorism—the Bremer Commission did the same—and from the various hear- should be curtailed, what new activi- were possibly trained in Arabic trans- ings of our committee. So I think there ties would make a difference? What is lation, how piles of documents may is an ample record that cries out for the sum of our knowledge of what hap- have accumulated having never been the establishment of a Department of pened on September 11? I do not know. analyzed. We will learn how informa- Homeland Security, but as I have said More importantly, neither do the other tion about flight schools and the pos- all along in this debate, this is our first 99 Members of the Senate, and they sible warnings of the ill intent of its best effort to create such a depart- will never know until we know what students never came to proper atten- ment. happened, why, who failed and who suc- tion. It will be, in my opinion, hope, and ceeded, who met their responsibilities, We will learn how over the course of belief, measurably improved over time, and who did not. years a conspiracy was built, signals by experience but also by the results of Does this reorganization, the under- were received, but we were unable to the inquiry that this amendment will lying legislation before the Senate, see the dimensions of a plot that would create because the more we know make sense for the country? Mr. Presi- so change our country. about how September 11 happened, the dent, I am going to be asked to vote Put aside your loyalties to institu- better we will be able, through this upon that issue and, in good con- tions. Put aside your commitment to new Department of Homeland Security, science, I cannot tell you. On what individuals. This is not about the bu- to make sure it never happens again. basis is this reorganization done? Be- reaucracy. We have passed the point of This morning, I spoke to one of the cause we have learned which agencies being able to preserve the reputations family members of someone who was did not perform? of agencies that failed our country. It killed in New York on September 11, It is no different than the financial is no longer about them. It is about the and she said that sitting at the hearing recommendations. There is not a Mem- accountability of the United States of the joint intelligence committee ber of the Senate who knows which Government. Whoever is found at fault, yesterday, hearing the staff director agencies were not in control, which whoever is found to have performed report on findings to date, forced her to were, which met their responsibilities, their duties, it is time to face the a conclusion that she did not want to how a chain of command might have truth. reach; that the attacks were prevent- been different. Some day we will know This is the issue that will never go able. but not without this commission. away. This is the one part of the Gov- I am not one who believes that an- What we are learning about the fail- ernment, the formation of an inde- other September 11 type of attack is ures of intelligence and law enforce- pendent commission on September 11, inevitable. It is not. We all know that ment since September 11 is shocking. 2001, that will happen no matter what if somebody is crazy enough to strap Naming a national commission dealing we do, no matter how we vote, or what- explosives around their waist and walk with the realities of what happened is ever is said. It is as inevitable as to- into a crowd, it is hard to stop that; going to be a painful national experi- morrow morning’s sunrise because the but even that, with proper intelligence ence. cause is so powerful, so just and so nec- and infiltration of terrorist groups, can We now know that the CIA had ad- essary. be stopped. A terrorist event as large vised the FBI of the names of a hun- Give those few widows, parents, and and as comprehensive as September 11, dred terrorists and to watch for their children the one thing they have been involving all of the context it had with entry into the United States. They demanding. Writing them checks will financial resources, with aviation, with failed. We now know as early as 1998 in- not change it. Laying wreaths will not Governmental agencies, immigration telligence agencies received informa- change it. Prayers will not change it. and otherwise, when one considers all tion about Bin Laden planning an at- They are asking for an answer. They the money we are investing every year tack involving aircraft in New York want an answer, and so do other Ameri- in satellites and conversation surveil- and Washington. cans. And I intend to get it for them. I lance devices, that should have been We now know, as late as July 2001, intend to get that answer. I hope it is noted and prevented, and that is the the National Security Agency reported today. aim of the commission and the depart- 33 communications involving a possible I yield the floor. ment, to make sure that September 11 and imminent terrorist attack. We now The PRESIDING OFFICER (Mr. NEL- never happens again. know the U.S. Government was put on SON of Nebraska). Who yields time? The Senator from New Jersey made notice by foreign intelligence agencies The Senator from Connecticut. reference to the Titanic. I will share and our own of the possibility of such Mr. LIEBERMAN. I thank my friend with my colleagues very briefly an ex- attack. from New Jersey for his comments. I cerpt from an article that appeared in This will be a painful national expe- used the words ‘‘passionate’’ and ‘‘per- the New York Times on September 11, rience—painful for the country, painful sistent’’ to describe his advocacy of an 2002, just last week, on the first anni- for the families. But this problem is independent inquiry into the events of versary of that day. It is written by not going away. Time will not heal it. September 11. He has brought that pas- Jim Dwyer, and it says:

VerDate Sep 04 2002 05:00 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.087 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8911 Of course the country had to understand can do that. It is not that we can even this commission. I appreciate that ef- what went wrong. One of the largest struc- resolve the issue. Tragedies have hap- fort. tures ever built had failed, at a terrible cost pened before in this country, and we I want to continue to study this bill, in lives. When warned of danger, those in are still debating what happened or this amendment. charge had shrugged. Many died because the I want to talk to my friends who sup- rescue effort was plagued by communication what did not happen. breakdowns, a lack of coordination, failure It is a matter of doing what we can port this amendment between now and to prepare. to find out what happened in the best the time we vote. I want the oppor- These findings on the sinking of the Ti- way possible. It is a matter of simple tunity to discuss our process with my tanic entered the public record after the justice. We owe it to the people in- colleagues. Carpathia docked at the Chelsea piers in volved. We owe it to the American peo- I suggest the absence of a quorum. Manhattan on April 18, 1912, with the 705 sur- ple. We owe it to ourselves. We owe it The PRESIDING OFFICER. The vivors plucked from the North Atlantic. to our world to do the best we can to do clerk will call the roll. Starting the next morning at the Waldorf- The assistant legislative clerk pro- Astoria, the barely dry witnesses provided a all those things to make it a little rich body of facts about the accident, the Ti- more preventable, to resolve key ceeded to call the roll. tanic, the maritime practices to the United issues, do the best we can. It is the Mr. REID. Mr. President, I ask unan- States Senate Commerce Committee, which right thing to do. It is a matter of sim- imous consent the order for the held 18 days of hearings. Their testimony ple justice—not that there will be a pot quorum call be rescinded. gave form to a distant horror, shaping law of gold at the end of the rainbow. The PRESIDING OFFICER. Without and history. No inquiry remotely similar in I have become more realistic as I objection, it is so ordered. scope, energy, or transparency has examined look into these things. When I hear Mr. REID. Mr. President, the major- the attacks of last September 11, the dev- about the ‘‘connecting of the dots,’’ we ity leader has asked me to announce astating collapse of two of the world’s tallest there will be no more rollcall votes to- structures, the deaths at the Pentagon, or on should have been able to connect these United Airlines flight 93 in Pennsylvania. A dots, or this is preventable, what I night. handful of tightly focused reviews have know is these dots were in a sea of Mr. GRASSLEY. Mr. President, I rise taken place mostly in secret, conducted by dots, a veritable sea of dots. The prob- to support Senator LIEBERMAN’s private consultants, or by Congressional lem we had with regard to September amendment establishing a National committees. 11 is not just the fact we did not have Commission on Terrorist Acts Upon One year later, the public knows less about the analytical capability there at that the United States. This amendment the circumstances of 2,801 deaths at the foot time, before that time, in order to put would direct the new independent com- of Manhattan in broad daylight than people mission in both investigation of the in 1912 knew within weeks about the Titanic, this together, but for a long time now which sank in the middle of an ocean in the we have lost our ability, analytically facts and circumstances relating to the dead of night. and technologically, to pull together September 11 attacks, and evaluation That hardly seems possible, considering these disparate facts. Technologically, of the lessons learned from the attacks that 9/11 iconography has been absorbed into we ought to be able to evaluate the dis- regarding the Federal Government’s everything from football pageants to pitches parate facts and put our computers to abilities to detect, prevent and respond by speakers peddling lessons in leadership. work and get analyses and estimates as to such attacks. Further, the bill em- And yet, says John F. Timoney, once a sen- powers the commission to hold hear- ior police commander in New York and the to what is likely to happen. former police commissioner in Philadelphia, It will be a long, drawn-out deal. We ings, collect relevant materials and the events of September 11 are among the did not get there overnight, and we will subpoena witnesses for the purpose of most rare in American public life: true ca- not get a solution to it overnight. Even studying the systemic problems within tastrophes that have gone fundamentally if we do everything right, we are never the intelligence and law enforcement unscrutinized. going to be totally safe. There is too communities and to discover what part ‘‘You can hardly point to a cataclysmic much hatred, too much fanaticism in these problems played in the Sep- event in our history, whether it was the the world, and too much high tech- tember 11 attacks. I support this sinking of the Titanic, the Pearl Harbor at- amendment with the expectation that tack, the Kennedy assassination, when a nology. It is too easy for those things blue-ribbon panel did not set out to establish to come together. We will have to be the recommendations coming from this the facts and, where appropriate, suggest re- vigilant for the rest of our lives and commission will assist us in strength- forms,’’ Mr. Timoney. That has not happened the lives of our children and our grand- ening our national security by improv- here.’’ children—and spend a lot of money and ing our intelligence and law enforce- That is the dreadful gap and omission have a lot of effort. ment as well as our intelligence ef- that this amendment aims to fill. I The idea that we can come together forts. We need to do everything pos- hope my colleagues will support it. and have a little investigation or have sible to make sure that this type of at- I yield the floor. a commission, and we can tell the tack never happens again. The PRESIDING OFFICER. The Sen- American people and those tragic vic- As we learn more from the investiga- ator from Tennessee. tims who lost loved ones, and imply we tion into the September 11 attacks, it Mr. THOMPSON. Mr. President, my are going to find out exactly what hap- is increasingly evident that there are colleague is very eloquent in the pro- pened, we will prevent this thing from many barriers of communications be- motion of his cause, which is the cre- happening again—I wish that were tween the several agencies involved in ation of this commission. I appreciate true. I don’t think it will be. the battle against terrorism. I have the response of Senator LIEBERMAN and As I said, we need to do what we can. been concerned about this problem for Senator MCCAIN to the concerns I have. We need to do as much as we can. What a number of years. There is no place for I appreciate the offer they have made we are struggling with is trying to de- jurisdictional battles and unnecessary to work with us to see if we go in this termine the best way to do that and statutory barriers when America’s se- direction and make sure we can put the best forum. We should not be curity is at risk. We also need to deter- forth our best effort. I suppose I look afraid. mine where our national security at the whole endeavor a little bit dif- People say it is not a blame game. Of shortcomings are, and what can be ferently than my friend from Con- course, it is a blame game, to a certain done to remedy them, so that we can necticut. extent. Why shy away from assessing look at potential legislative initiatives Probably the best reason for going blame if there is blame to be assessed? or the appropriate allocation of re- forward with some additional activity, We are talking almost 3,000 lives here. sources. whether extension of the joint com- That is part of it. Prevention is a part Make no mistake, this commission mittee or creation of a new commis- of it. But also a very important part of will not be a witch hunt. We are not sioner, is not necessarily because we it is doing what we can to assess the trying to place blame. Our goal in cre- can do something that will prevent fu- nature of the problem so that we are as ating this commission is to find the ture catastrophes. I wish we could. But strong as we can be—not that we can best way to make our law enforcement there is too much hate and too much prevent any potential problem, but be and intelligence the best that it can be. technology in the world to be able to as strong as we can be. That is what I Although I support this amendment ever guarantee our citizenry that we think my friend is trying to do with and the general idea of a commission

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.090 S19PT1 S8912 CONGRESSIONAL RECORD — SENATE September 19, 2002 for this purpose, I would like to note ings went unheeded. Similarly, FBI bility for questioning Congress’ inabil- that I have concerns regarding the agent Coleen Rowley, whose efforts to ity or unwillingness to exercise more changes to the composition of the com- have the FBI and CIA investigate hi- diligently its oversight responsibilities mission. Focusing on the party affili- jacker Zacarias Moussaoui were for those agencies. As is the expecta- ation of the officials who select the rebuffed, believes such an investigation tion that officials who did not com- commission members unnecessarily po- could have uncovered the terrorists’ petently discharge their responsibil- liticizes the commission’s work. This plot in the weeks before the attacks. ities be held accountable. commission should be staffed by men Yesterday, the joint congressional in- Congress is on the verge of creating a and women with knowledge and exper- telligence committee reported that Department of Homeland Security that tise necessary to develop solutions that U.S. intelligence received a number of constitutes the largest reorganization will prevent further terrorist attacks. reports indicating that terrorists were of the Federal Government in many of That having been said, I would like plotting to use planes as weapons and our lifetimes. But there has been no to reiterate the importance of this planning to attack domestic targets. comprehensive diagnosis of the state of amendment and the need for an inde- According to the committee, U.S. in- our preparedness for terrorism prior to pendent commission that will dedicate telligence learned in August 1998 that a last September, no proper analysis of its time to fleshing out these problems ‘‘group of unidentified Arabs planned the security loopholes in our immigra- and in turn allow us to prevent further to fly an explosive-laden plane from a tion and airline security organization attacks and most importantly to pro- foreign country into the World Trade that provided the terrorists with the tect the American people. Center.’’ This information was given to access they needed to kill Americans; Mr. MCCAIN. Mr. President, more has the FBI and the FAA, which took little no systematic review of the failure of changed in the last year than any of us, action. Government agencies to analyze and 1 year ago, would have cared to imag- CIA Director Tenet told the intel- share information on the terrorists’ ine. It was on a September day not un- ligence community in December 1998 planning that coordinated analysis like this one that terrorists committed that ‘‘We are at war,’’ and ‘‘I want no could have revealed prior to the at- mass murder in America, transforming resources or people spared in this ef- tacks; and no formal assessment of the forever the way we think about our se- fort.’’ According to the joint com- consequences of policy decisions dating curity and our role in the world. One mittee, ‘‘Despite the D.C.I.’s declara- back years that led to a climate in Af- year later, we are in the midst of re- tion of war in 1998, there was no mas- ghanistan in which a terrorist network stricting our entire apparatus of Gov- sive shift in budget or reassignment of could train and flourish, with con- ernment to protect against future acts personnel to counterterrorism until sequences that need no retelling. of terror in our homeland. But we have after September 11, 2001.’’ The commit- We need an honest search for an- yet to comprehensively assess what tee’s report continues: ‘‘By late 1998, swers, so that we and the people we went wrong last September 11—how the intelligence community had represent can arrive at fair conclusions our defenses failed us, why our world- amassed a growing body of informa- about what went wrong and develop wide intelligence network did not pro- tion—though general in nature, and ways to repair it. The independent vide us warning of imminent attack, lacking specific details on time and on commission we are proposing to look how terrorists operated and trained place—indicating that bin Laden and into these and all matters concerning within our borders, how policy deci- the Al Qaeda notework intended to our vulnerability and our initial re- sions may have made the events more strike within the United States, and sponse to the attacks would provide a likely, and how various Government concern about bin Laden continued to blueprint for reform of the way we de- agencies failed to analyze information grow over time and reached peak levels fend America. The insights of a blue- in their possessions that could well in the spring and summer of 2001, as ribbon panel of experts, removed from have provided us a blueprint of the ter- the intelligence community faced in- the pressures of partisan politics, rorists’ intentions. creasing numbers of reports of immi- would add to the reforms we are mak- The anniversary of September 11 is nent Al Qaeda attacks against U.S. in- ing with creation of a Homeland Secu- past us, and with it the celebration of terests....’’ rity Department by highlighting addi- heroism and sacrifice that will forever According to the congressional inves- tional areas where the way our Govern- mark that day. Now is the time to take tigators, senior government officials in ment is organized have made us vulner- a harder look at the other side of that July 2001 were briefed on the threat in able. tragic event: the utter failure of the the following language: ‘‘Based on a re- Eleven days after the attack on Pearl United States Government to predict view of all source reporting over the Harbor, President Roosevelt mandated and prevent the slaughter of Americans last five months, we believe that an investigation into how such tragedy in America’s greatest city. [Osama bin Laden] will launch a sig- could have struck an unknowing Amer- The September 11 attacks were in- nificant terrorist attack against U.S. ica. Ultimately, four different major credibly depraved but not, as it turns and/or Israeli interests in the coming panels appointed by the President and out unimaginable. As early as 1995, an weeks. The attack will be spectacular Congress investigated this ‘‘Day of In- accomplice of Ramzi Yousef revealed and designed to inflict mass casualties famy.’’ Seven days after President Ken- that the mastermind behind the 1993 against U.S. facilities or interests. At- nedy was murdered, President Johnson World Trade Center attack intended to tack preparations have been made. At- appointed a commission of distin- plant bombs on 12 U.S.-bound airliners tack will occur with little or no warn- guished leaders to investigate the as- and crash a light plane packed with ex- ing.’’ National Security Agency inter- sassination. The independent commis- plosives into CIA headquarters. The ac- cepts on September 10th warning in Ar- sion we are proposing would carry on complice had trained as a pilot at three abic that ‘‘The match is about to this requirement for answers, which separate U.S. flight schools. In 1999 the begin’’ and ‘‘Tomorrow is zero hour’’ has gone unquestioned and been Library of Congress prepared a report went untranslated until the attacks, deemed necessary in previous crises of for the National Intelligence Council when their meaning became all too ap- this magnitude. warning that al-Qaeda suicide bombers parent. There is a crisis of confidence in ‘‘could crash-land an aircraft packed Asking for, urging, and demanding America today. Americans are more with high explosives’’ in the Pentagon, answers for why various agencies of the proud than ever to be American. But the CIA, or the White House. Federal Government failed to under- large percentages deeply distrust the Two months before the September 11 stand the enormity of the danger fac- institutions that shape our daily attacks, Kenneth Williams, an FBI ing the United States is an obligation lives—the Federal Government, cor- field agent in Phoenix, suspected that shared by all elected Federal officials. porate America, the Church. Corporate terrorists had enrolled in an Arizona As is the responsibility for under- corruption, the scandals of campaign pilot training school. He urged the FBI standing why and how the previous ad- financing and corruption of the polit- to begin investigating whether other ministration failed to combat the ical process have deprived many Amer- U.S. flight schools might be training growing menace of international ter- icans of the sense that they have a terrorists to fly. His prophetic warn- rorism more effectively. As is responsi- stake in the way they are governed. In

VerDate Sep 04 2002 05:00 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.040 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8913 the same way, I believe the lack of a serve the needs of both the administra- us to create a commission that will tell fundamental accounting for the great- tion and Congress by providing a blue- them the truth—and put in place the est tragedy in the Nation’s history— print for action, above and beyond any protections that will prevent future one that touched all Americans and conclusions the joint congressional in- generations from judging us for abdi- permanently altered the way we live telligence investigation may draw from cating our responsibility to that truth. and think about ourselves—is another its limited review. Mr. THOMPSON. Mr. President, I source of alienation and insecurity. Leaders of the joint congressional in- have been asked by Senator HATCH to I do not believe the administration vestigation into the intelligence fail- request unanimous consent that Sen- and the Congress have given the Amer- ures of September 11th have said the ator SCHUMER be removed as a cospon- ican people reason to be confident that attacks may well have been prevent- sor of amendment No. 4693. we no longer remain vulnerable to ter- able, based on everything we have The PRESIDING OFFICER. Without rorist attack, despite the admirable learned since then about what we knew objection, it is so ordered. leadership our President has shown in and how it fit together in a way that f prosecuting the war on terror, and de- formed a blueprint for attack. I find it spite the important work of Congress unfathomable, and frankly unaccept- RECESS SUBJECT TO THE CALL OF to create a Department of Homeland able, that we would accept that we THE CHAIR Security. The congressional intel- could have prevented the attacks, but Mr. REID. Mr. President, I ask unan- ligence committees have been con- in the same breath say we should move imous consent that the Senate be in re- ducting a very limited investigation on. We should move on—after we have cess subject to the call of the Chair. into the intelligence failures related to answered all the lingering questions There being no objection, the Senate, September 11 and even this narrow in- about why we were neither prepared at 5:56 p.m., recessed subject to the call quiry has been sidelined by staff dis- nor organized to meet the challenge of of the Chair and reassembled at 7:13 putes that disrupted its operations and terrorism, and after we have made the p.m., when called to order by the Pre- an FBI investigation into leaked mate- kind of reforms that only a panel of siding Officer (Mrs. MURRAY). rial. Strangely, the FBI is now inves- distinguished experts separated from f tigating the same people who are inves- politics could propose. DOMESTIC NEEDS tigating the FBI. Indeed, until this An independent inquiry will not im- week the joint committee has not held pose a serious burden on the adminis- Mrs. BOXER. Madam President, I any open hearings. Ranking Repub- tration as it prosecutes our just war on want to thank publicly the majority lican Senator SHELBY in particular has terrorism, any more than a similar in- leader, TOM DASCHLE. Yesterday, Lead- been outspoken in criticizing its lack quiry after Pearl Harbor impeded er DASCHLE took to the floor and of progress before it goes out of exist- Franklin D. Roosevelt’s prosecution of talked about something that, frankly, ence when the 107th Congress adjourns. World War II. Nor should it prevent is just not talked about by this admin- Both Senator SHELBY and joint com- members of Congress, the press, or any istration, and that is the very sad state mittee co-chairman Senator BOB American citizen from questioning or of our economy. Somebody needs to GRAHAM support the establishment of criticizing the Government’s apparent focus on that because, while we must an independent commission to carry on failures over the course of successive devote much of our time to the war the work performed by the congres- administrations. All wars and national against terrorism, while we must de- sional intelligence investigation they security failures have occasioned con- vote much of our time to figuring out helped to lead. I am pleased that a temporaneous criticism, and the Re- the best way to meet the threat that number of the Senate members of the public has managed to thrive. Iraq poses in terms of her weapons of joint congressional intelligence com- It is irresponsible in a time of war, or mass destruction and the frightening mittee have endorsed our proposal to any time for that matter, to attack or prospect of those weapons being used, establish a panel that would build upon defend unthinkingly or because par- while we address those issues, I think their work. The rationale for an inde- tisan identification is one’s supreme we know very well that an administra- pendent commission seems indis- interest. But it is not responsible or tion must also pay attention to domes- putable if the very leaders charged right to shrink from offering thought- tic needs, to the job needs, the edu- with a more narrow inquiry do not be- ful criticism when and to whom it is cational needs, the health care needs. lieve their own investigation met the due, and when the consequences of in- We must do both things in a great na- necessary standards to authoritatively completely understanding failures of tion like this. report on and learn from our past fail- governance are potentially cata- So as the Democratic leader made his ures. strophic. On the contrary, such timid- statement yesterday, it is stunning to Many in Congress and the adminis- ity is indefensibly irresponsible espe- see that, in some categories, this econ- tration voiced concern last year that cially in times of war, so irresponsible omy under this administration is the an independent investigation into Sep- that it verges on the unpatriotic. worst we have seen in more than 50 tember 11th’s causes and consequences Two years before the attacks, the years. It is very serious. We must ad- would interfere with Congress’ inves- distinguished Hart-Rudman Commis- dress it. We must have a plan to ad- tigation into these matters. With Con- sion on national security warned that dress it. We must look back at the suc- gress planning to adjourn very soon, as a result of the threat of catastrophic cess of the Clinton administration and the congressional investigation rep- terrorism, ‘‘Americans will likely die other administrations, Democratic and resents only a first step into the intel- on American soil, possibly in large Republican, which had good economic ligence and other failures that gave the numbers.’’ Congress and successive ad- records. We are seeing record stock terrorists their opening. The inde- ministration ignored the commission’s market losses because there is a loss of pendent commission Senator recommendations for reform to defend confidence. There is a decrease in earn- LIEBERMAN and I are proposing would against this threat—many of which are ings and there are massive layoffs. We explicitly build on the work of the con- now embodied in the homeland secu- have seen a maiming or loss in private gressional investigation and would go rity legislation we are considering this sector jobs—the worst in 50 years—and far beyond it by examining Govern- week. We shouldn’t wait for the next the weakest economic growth in 50 ment practice and policy in a host of attack to investigate what more we years. other areas, including foreign policy, need to do to protect the American Madam President, I hope this Senate border control, aviation security, and people. will take care of the two most impor- law enforcement. Until we have comprehensive assess- tant things we could do: Foreign policy Americans deserve answers after the ment of needed reforms across the concerns and also domestic concerns, events of September. This issue rises spectrum of our Government, based on with a prime focus on this economy above politics, as the families and what went wrong last September, we and turning it around and giving Amer- friends who lost loved ones will attest. will not be prepared to predict and pre- icans the kind of confidence they had Indeed, a commission would remove vent the next attack. Americans need in the 1990s. That was a good time for the issue from the political realm and answers. I urge my colleagues to join America.

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.043 S19PT1 S8914 CONGRESSIONAL RECORD — SENATE September 19, 2002 CHARITABLE GIVING ment. There will be a managers’ looks small, but it has a huge impact Mr. SANTORUM. Madam President, I amendment because there are certain on millions of Americans if we do this rise to talk about a plan that is being issues in the underlying CARE Act that before we leave. discussed here in the Halls of the Sen- Senator LIEBERMAN and I worked out I encourage all those who have an in- ate and a very important plan in this with the White House several months terest in this legislation to come for- time of economic recovery when we are ago that are not under the jurisdiction ward and make sure a unanimous con- looking at the 1-year anniversary a of the Finance Committee and cannot sent agreement is accomplished very week ago of September 11 and the trag- be reported out of the Finance Com- quickly. edy that has befallen so many people. mittee. They have to be added on the Mr. President, I yield the floor. When we look at a lot of hardships floor. f Senator LINCOLN had concerns about going on in America, and while we had FOOD SECURITY IN AFRICA a great response and outpouring of sup- provisions in the act. We worked dili- port from the American public to the gently. Again, I thank Senator BAUCUS Mr. FEINGOLD. Madam President, I victims of 9/11, if we look at the rest of and Senator GRASSLEY for working this rise today to call attention to the ten- the charitable world, charitable giving issue. We now have agreement, I under- uous food security situation in sub-Sa- is off about 20 percent. Part of that is stand, on Senator LINCOLN’s provision haran Africa. the stock market, and part of it is be- and that is going to be included in the The United Nations estimates that cause of the funds and worthy causes managers’ amendment. 14.4 million people are in need of imme- supporting the victims of 9/11. A lot of We had an amendment on our side of diate food aid and humanitarian assist- the service needs, artistic needs, and the aisle from Senator HUTCHISON of ance in southern Africa, where drought educational needs in communities all Texas which had bipartisan support, as and poor harvests have combined with across the country are doing with a lot Senator LINCOLN’s did, and we put that manmade factors—including economic less money this time of year—at a time in the managers’ amendment. mismanagement and politically-moti- when the need is very great. We had things pop up, and we have vated disruption of agriculture in We are looking at a piece of legisla- been able to work out compromises and Zimbabwe—to create deadly conditions tion and working on a piece of legisla- make this happen. for the people of Zimbabwe, Zambia, tion in the Senate. The Finance Com- I was just informed a few minutes Malawi, Mozambique, Swaziland, and mittee marked up a bill in June to try ago that the majority committee staff Lesotho. This food crisis is striking a to help the situation as part of the has actually given us the managers’ population already devastated by HIV/ President’s faith-based initiative. It is amendment. I thank them for moving AIDS, compounding the difficulty of a charitable giving package that will the ball down the field. We are review- African families’ struggle for survival. strengthen the nonprofit sector of our ing that amendment. We can now, with I have asked the General Accounting economy—those who help in the human that managers’ amendment, actually Office to investigate the causes of the service area—as I mentioned, edu- go through the process of hotlining the food shortage and the obstacles to suc- cation and the arts. bill on our side of the aisle. cessfully addressing it in the hopes of We have been working very hard to I am very sanguine about our gaining greater clarity as the relation- try to get this legislation on the floor. chances of getting approval on our side ship between natural and manmade ob- Senator DASCHLE, I know, has given a of the aisle for this very important leg- stacles to food security in the region. commitment to the President that he islation affecting millions of people in In the Horn of Africa, food shortages will in fact bring this measure to the need in our society and the thousands are again threatening the well being of floor of the Senate and have a vote be- upon thousands of volunteers, people millions. As the people of Ethiopia and fore the end of this session. We are who are committed to helping those Eritrea struggle to recover from a cost- winding down to the final days of the less fortunate in our society. They are ly war and severe food shortage in 2000, session, and that has yet to happen. waiting for this legislation to pass. many have had no opportunity to rees- Senator LIEBERMAN, I know, has been I know the President in speech after tablish their own economic security. working very hard, as have I, to get speech has asked the Senate to move Large numbers of people are living on this legislation to the floor and do it forward on this legislation during this the margin, and are extremely vulner- under a unanimous consent agreement. time of economic need. We are ap- able to food shortages. In Angola, the Obviously, there are a lot of important proaching that point. I encourage this brutal civil war is finally over, but the issues being discussed, and we want to work to continue. legacy of that conflict and of years of have the opportunity to have debate I understand there is a good-faith ef- neglect has left hundreds of thousands and amendments offered. fort ongoing, but we are reaching the malnourished and seeking assistance. We are willing on our side of the aisle end of the session. We have 3 weeks to And in West Africa, disturbing reports to have a limitation on amendments go. If we pass this legislation, we have suggest that the people of Mauritania and a limitation on debate. We have to get our colleagues in the House to and Senegal are also threatened by had a discussion back and forth. The act on it. We do not know how they are food shortages linked to drought. majority leader has suggested the way going to act on it, but I am hopeful we Sadly, from Burundi to Liberia, popu- he would feel comfortable bringing this can work out something to get this bill lations living in conflict zones also suf- legislation up is to have one amend- to the President before we adjourn on fer from resulting food shortages. ment on each side. the 11th of October. As the Chairman of the Sub- I have been working very hard on our I wish to report that progress is being committee on African Affairs, I know side. I thank our leader, Senator LOTT, made. I am hopeful that, with this in- that our interests throughout the sub- and our ranking member on the Fi- formation, we can get approval on our Saharan region are many, from pro- nance Committee, Senator GRASSLEY, side of the aisle for an agreement. I am moting democracy and development to for getting together as a team and hopeful an agreement also can be combating terrorism and other inter- working our side of the aisle to make reached on the Democratic side so we national criminal activity. None of sure we get that down to one amend- can move forward and get this very im- those aims can be vigorously pursued ment. portant bipartisan legislation passed. when populations are weakened and We shared that amendment with the Senator LIEBERMAN and I are sponsors governments distracted by desperate Democratic side of the aisle last week. of it. I know Senator DASCHLE an- hunger and humanitarian catastrophe. So we had that amendment out so ev- nounced publicly he is in support of it. I also know that our foreign policy erybody would know what our amend- There is broad support on this side of agenda today is a crowded one, and ment is. There are two other amend- the aisle for the legislation. that many crucially important issues ments. One will be an amendment on This bill affects the people, the ar- compete for resources and attention. the Democratic side. I understand Sen- mies of compassion on the front lines There are some baseline conditions ator REED from Rhode Island will be meeting the needs of Americans in that we must strive to maintain if the offerer of that amendment. And every State of the country. This is other elements of our policy are to then there will be a managers’ amend- something very good we can do. It have a meaningful impact around the

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.095 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8915 world. Basic food security is one of my home State of Wisconsin, by put- ADDITIONAL STATEMENTS those baseline conditions. We need ting more police officers on our streets strong partners, and the strength of and making our citizens safer. In the TRIBUTE TO THE OAKLAND the region is being sapped every day by State of Wisconsin alone, COPS has ATHLETICS hunger. Working with others to fight funded over 1,300 new officers by con- off starvation, and then to help tributing more than $100 million to ∑ Mrs. BOXER. Mr. President, there strengthen food security systems to communities. are times when the achievements of an avoid future crises, must always be a individual athlete or sports team are so The effects of community-based po- priority. I will work with my col- dramatic, so sensational and exciting, licing cannot be understated. The leagues and the administration to en- that the entire country stops what it is sure that the United States finds a way COPS program has succeeded because doing to simply watch in wonder. The to give food security issues throughout it helps individual officers to be a sport of baseball, in particular, has sub-Saharan Africa the attention that friendly and familiar presence in their supplied us with many such moments they deserve, and I urge my colleagues communities. They are building rela- over the years. to support efforts to address the prob- tionships with people from house to I recall the thrill of Joe DiMaggio’s lem in the region. house, block to block, school to school. 56-game hitting streak; Bobby Thomp- f Community policing helps law enforce- son’s ‘‘Shot Heard Round The World’’ ment to do their job better, makes our home run; pitcher Don Larsen’s perfect LOCAL LAW ENFORCEMENT ACT neighborhoods and schools safer, and, World Series game; Hank Aaron’s 715th OF 2001 very importantly, gives residents peace trip around the bases; Cal Ripken Jr.’s Mr. SMITH of Oregon. Madam Presi- of mind. Increasing the number of local 2,131st consecutive game; and Barry dent, I rise today to speak about hate law enforcement on the streets and in Bond’s 71st home run of the season. All crimes legislation I introduced with our neighborhoods fosters an environ- of these milestones are embedded in Senator KENNEDY in March of last ment of mutual respect between offi- America’s sports memory. year. The Local Law Enforcement Act cers and their neighbors, and commu- There is another baseball milestone of 2001 would add new categories to nity pride from home to school to fire that I believe deserves a place in the current hate crimes legislation sending station to corner store. Reducing crime pantheon of remarkable sporting a signal that violence of any kind is and keeping our communities safe has achievements, an accomplishment as unacceptable in our society. been and should continue to be a top exciting as Carlton Fisk’s 12th inning I would like to describe a terrible priority for all of us. As the tragic World Series home run or ‘‘The Catch’’ crime that occurred July 31, 2001 in by Willie Mays in another, earlier events of September 11 have shown our Browns Mills, NJ. Two white men at- World Series. That accomplishment, Nation, local police officers play a tacked a black couple while they were Mr. President, is the 20-game, Amer- vital role to protect and secure our sleeping in their home. The attackers ican League record winning streak set beat the victims with baseball bats, communities. We should give them the this season by the Oakland Athletics— causing severe cuts and broken bones. support they need. the longest win streak in baseball in 67 Neighbors said that the assailants had As I travel through Wisconsin and years. previously indicated their intention to talk to sheriffs, police chiefs and other Until the Oakland Athletics rewrote ‘‘beat up’’ the victims, and used racial law enforcement officers, I hear the the American League record book, slurs to describe them. same refrain, time after time: the many had considered the 19-game win I believe that government’s first duty COPS program is vital to their work streak record held jointly by the New is to defend its citizens, to defend them and has enabled them to get more offi- York Yankees and the Chicago White against the harms that come out of cers out from behind their desks and Sox to be untouchable. Indeed, there hate. The Local Law Enforcement En- onto the streets. Wisconsin is not are only three teams in the entire his- hancement Act of 2001 is now a symbol alone. Since 1994, the COPS program tory of baseball—the New York Giants, that can become substance. I believe has provided funding for thousands of the Chicago Cubs, and now the Oakland that by passing this legislation and law enforcement agencies across the Athletics—that have ever won 20 or changing current law, we can change country, and has expanded to include more games in a row. hearts and minds as well. the COPS in Schools Program and the This summer, baseball fans from around the world were caught up in the f COPS Tribal Resources Program, and excitement as the Athletics continued THE COMMUNITY ORIENTED now funds the Community Policing to to win game after game after game. At POLICING SERVICES PROGRAM Combat Domestic Violence grants. work, in the car, and at home, and re- Mr. FEINGOLD. Madam President, I As the COPS program has grown, gardless of time zone, Americans rise today in support of the Commu- crime rates have decreased. But in watched with fascination as the Oak- nity Oriented Policing Services pro- order to maintain a low crime rate, we land Athletics approached the magic gram, commonly known as COPS. The must continue to provide the necessary number of 20 victories. I shared in that COPS program was established in 1994, resources. The COPS program gives us growing sense of excitement and due in large part to the efforts of my an opportunity at the federal level to cheered along with the rest of the distinguished colleague from Delaware, send a strong signal of support back to country when the team set the new Senator BIDEN, and the support of then local police officers that we value com- record on September 4th. President Clinton. Since its inception, munity-oriented policing as integral to My hat is off to the Oakland Ath- the program has greatly enhanced com- the protection and safety of all Ameri- letics, to the players and staff, Man- munity oriented policing across the cans. ager Art Howe, and to the fans. I know Nation. The COPS program has facili- We have taken up funding for the how proud the Oakland community is tated the hiring and training of over of its team, and of a win streak record 116,000 police officers who help keep our COPS program in this body numerous times since its inception. I am pleased that is one for the ages. With this communities safe. I am especially amazing achievement, the 2002 Oakland that the Judiciary Committee reported pleased that this program has been a Athletics have secured a special place favorably a bill calling for its re-au- shining example of an effective part- in baseball history and lore.∑ thorization this spring, the PROTEC- nership between local and Federal Gov- f ernments. It provides Federal assist- TION Act, S. 924, introduced by Sen- ance to meet local objectives without ator BIDEN. I commend and thank Sen- TRIBUTE TO MICKIE PAILTHORP imposing mandates or interfering with ator BIDEN for his leadership on this ∑ Mrs. MURRAY. Mr. President, I rise local prerogatives, and it provides fed- issue. I was very pleased to support his today to share with the Senate a trib- eral dollars directly to the police de- bill re-authorizing the COPS program ute to Mickie Pailthorp, a leader in my partments and communities. in Committee, and I urge the full Sen- home State of Washington who passed COPS has had a positive and very ate to work to ensure that the COPS away on July 31, 2002. On August 8, I tangible impact on communities program is authorized again before we was honored to speak at a memorial throughout the country, including in adjourn. service for Mickie, and today I want to

VerDate Sep 04 2002 05:00 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.094 S19PT1 S8916 CONGRESSIONAL RECORD — SENATE September 19, 2002 share her accomplishments with my children and grandchildren about an Women Office. She played a critical colleages. energetic, passionate woman named role in the implementation of the Vio- I will never forget my first meeting Mickie Pailthorp, and the opportuni- lence Against Women provisions of the with Mickie Pailthorp. It was early in ties she gave all of us.∑ 1994 Crime Act. Now in private prac- 1992, and I had just announced that I tice, Bonnie continues to serve as a f was running for the U.S. Senate. Many role model for women. On a personal in the established political community THE POEM AMERICAN PRIDE level, Bonnie is a good friend of mine had written me off. They said I hadn’t ∑ Ms. LANDRIEU. Mr. President, the and I congratulate her on this well-de- paid my dues. They said I couldn’t events of September 11 were very trag- served recognition. raise the money. They even said I was ic and very traumatic for our Nation, Sue Ellen Follon’s impact on wom- too short. especially our children. This poem, en’s issues was once described in the Many dismissed me sight unseen, but written by 10-year-old James Dillon Des Moines Register this way: ‘‘You Mickie decided to find out for herself. Hughes of Bourg, LA, demonstrates, may never have heard her name, but there’s a good chance she has touched Shortly after I announced, Mickie very simply, what is great about Amer- your life.’’ A Volga native, Follon called my campaign office. She said she ica. In these few lines James captures served as the executive director of the was thinking about supporting me be- the spirit of his country, stronger now Iowa Commission on the Status of cause I was a woman candidate, but she than ever before. It is our job to ensure Women from 1976 to 1984. Throughout absolutely had to meet me first. I that the freedoms we enjoy now will her service, Follon worked to expand thought, ‘‘No problem.’’ We met at a still ring true for our children and fu- the Commission’s influence and scope, restaurant for what I thought would be ture generations to follow. James to strengthen rape and sexual abuse a casual dinner. wrote this on September 13, 2001, only laws, and help public hearings on do- Instead, Mickie grilled me for over two days after the terrible events of mestic abuse, displaced homemakers an hour. She wanted to know very spe- September 11. Even after those tragic and the feminization of poverty. In cifically what I was going to do about events, James was still able to show fact, her efforts helped to make Iowa this issue and that issue. She wanted to his American Pride. I was so moved the first State in the Nation to legisla- know why I thought I could win, and upon reading this poem that I ask that she wanted to know that I would work tively address gender inequities in it be printed in the RECORD. many facets of life. Follon went on to hard. To be honest, by the end of our The poem follows: dinner, I really wasn’t sure whether become the first woman to serve as American Pride Vice President at the University of she was going to help me. I am proud to be an American But before I knew it, she was one of I am proud to be free Iowa. Throughout her career, she made my strongest behind-the-scenes sup- I’m proud to be able to choose anything I over 150 presentations from the local to porters, and her support made a dif- want to be. the international level on the subjects ference. Mickie quietly opened doors I can be a doctor, a lawyer or a priest of women’s equality, leadership, higher for me. She got me into places that I Because I live in a country education and mentors for women and couldn’t go on my own. That allows me to be free. minorities. Born in 1942, Follon died on When I won the election, she didn’t Our country was somewhat divided November 4, 1998, the day after voters come after me seeking favors or de- Now it has united passed the equal rights amendment to manding credit, but I knew she was Let’s keep it strong and free. the Iowa Constitution. watching. Every year at Joel and Mick- Where leaders teach and guide us Alice Yost Jordan is internationally ie’s Christmas party, she would come Always stand beside us known as one of the most distinguished up to me and say very quietly either: And show us the way to be. and published American composers. A ‘‘I was really proud of what you did Our country is rich Des Moines resident, Jordan is best here.’’ Or more sternly, ‘‘Now you’ve Our army is strong known for her choral and organ works got to be careful about this.’’ So I Living in America numbering over 200, which have sold ∑ knew she was watching. Could never be wrong. over 250,000 copies. Her recital song, When I think about Mickie, I remem- f Take Joy Home, commissioned by ber her as whirlwind of passion and en- Sherrill Milnes of the Metropolitan 2002 IOWA WOMEN’S HALL OF ergy. She was there fighting the good Opera and pianist Jon Spong, received FAME fight for women on the ERA and so world-wide exposure on concert tours many other issues before it was pop- ∑ Mr. HARKIN. Mr. President, I wanted and was performed at a White House ular and before it seemed possible. One to take a few minutes to recognize four State Dinner in 1983. Her arrangement of the things that made Mickie so outstanding women who the Iowa Com- of America the Beautiful, commis- unique is that she didn’t seek any cred- mission on the Status of Women have sioned by the Iowa High School Music it. She was happy to work behind the selected for this year’s inductees to the Association for the All-State Chorus scenes. Mickie never needed to be the Iowa Women’s Hall of Fame. and Orchestra, opens the All-State Fes- ‘‘picture’’ for the cause, but she clearly Each year, the Commission solicits tival Concert biennially. She has com- painted every line. nominations of women, living or de- posed another 40 works that were com- Some leaders climb up to the top and ceased, who have had a significant im- missioned by churches, universities when they get there they pull up the pact on society or their communities. and organizations across the Nation. ladder behind them and leave everyone Four nominees are selected by a five- Born in Davenport in 1916, she grad- else stuck below. But Mickie’s whole member committee and the Commis- uated from Drake University, where purpose was to help other women make sion and then are honored by the Gov- she studied composition for her under- it to the top, and she did that well. So ernor and the Lieutenant Governor at graduate and graduate studies with the today, while a generation of young a special ceremony. I’d like to add my late Dr. Francis J. Pyle and received women might not know Mickie’s name, voice to this tribute to four accom- an Honorary Degree, Doctor of Letters they know the women she helped elect. plished Iowa women. from Grand View College. And they know that they can make a Bonnie Campbell has been a strong Shirley Ruedy of Cedar Rapids is a difference, too. leader since she first began her private nationally recognized journalist, Mickie Pailthorp was not a visible practice in Des Moines. In 1990, she be- speaker and cancer survivor. Twice di- women’s leader, but she made a lot of came the first female elected Iowa at- agnosed with breast cancer, Ruedy other women leaders visible. And be- torney general in our State’s history. launched a biweekly ‘‘Cancer Update’’ cause Mickie didn’t trumpet her own She used her position to author and column that the Cedar Rapids Gazette accomplishments, it’s up to us to make pass one of the Nation’s first anti- began publishing in 1991. The column sure that others know about this re- stalking laws. By 1995, her work was focused on her own experiences as well markable woman and carry on her leg- recognized nationally and she was ap- as providing the latest expert informa- acy. So I invite Mickie’s friends and pointed director of the U.S. Depart- tion on cancer treatment and preven- fans in Washington State to tell their ment of Justice’s Violence Against tion to her readers. ‘‘Cancer Update’’ is

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.048 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8917 now carried in a publication from the ister and transmits to the Congress a Ms. Niland, one of its reading clerks, Mayo Clinic Women’s Cancer Program. notice stating that the emergency is to announced that the Speaker has signed Each October, in recognition of Breast continue in effect beyond the anniver- the following enrolled bills: Cancer Awareness Month, Ruedy runs a sary date. In accordance with this pro- H.R. 1834. An act for the relief of retired column she co-wrote with a surgeon vision, I have sent the enclosed notice, Sergeant First Class James D. Benoit and about the life journey of a breast can- stating that the national emergency Wan Sook Benoit. H.R. 4687. An act to provide for the estab- cer cell. Through her writing and with respect to persons who commit, lishment of investigative eteams to assess speaking, Shirley Ruedy serves as a threaten to commit, or support ter- building performance and emergency re- role model of courage and positive ad- rorism is to continue in effect beyond sponse and evacuation procedures in the vocate for all of those who have been September 23, 2002, to the Federal Reg- wake of any building failure that has re- diagnosed with cancer. ister for publication. sulted in substantial loss of life or that posed These women have aspired to high The crisis constituted by the grave significant potential of substantial loss of life. standards in their career fields and in acts of terrorism and threats of ter- H.R. 5157. An act to amend section 5307 of serving their community. They also rorism committed by foreign terror- title 49, United States Code, to allow transit serve as an inspiration to young ists, including the terrorist attacks in systems in urbanized areas that, for the first Iowans who can look to them for direc- New York, Pennsylvania, and against time, exceeded 200,000 in population accord- tion and leadership. I applaud the Iowa the Pentagon committed on September ing to the 2000 census to retain flexibility in Commission on the Status of Women 11, 2001, and the continuing and imme- the use of Federal transit formula grants in for recognizing their outstanding con- diate threat of further attacks on fiscal year 2003, and for other purposes. tributions. They are strong role models United States nationals or the United f for all of us and deserve the highest States that led to the declaration of a MEASURES REFERRED praise. And they are some of the many national emergency on September 23, The following bill, previously re- special people who make Iowa such a 2001, has not been resolved. These ac- ceived from the House of Representa- ∑ great place to call home. tions pose a continuing unusual and ex- tives for concurrence, was read the f traordinary threat to the national se- first and second times by unanimous curity, foreign policy, and economy of PERIODIC REPORT ON THE NA- consent, and referred as indicated: the United States. For these reasons, I H.R. 5308. An act to designate the facility TIONAL EMERGENCY WITH RE- have determined that it is necessary to SPECT TO PERSONS WHO COM- of the United States Postal Service located continue the national emergency de- at 301 South Howes Street in Fort Collins, MIT, THREATEN TO COMMIT, OR clared with respect to persons who Colorado, as the ‘‘Barney Apodaca Post Of- SUPPORT TERRORISM—PM 109 commit, threaten to commit, or sup- fice’’; to the Committee on Governmental The PRESIDING OFFICER laid be- port terrorism and maintain in force Affairs. fore the Senate the following message the comprehensive sanctions to re- The following bill was read the first from the President of the United spond to this threat. and the second times by unanimous States, together with an accompanying GEORGE W. BUSH. consent, and referred as indicated: report; which was referred to the Com- THE WHITE HOUSE, September 19, 2002. H.R. 1701. An act to amend the Consumer Credit Protection Act to assure meaningful mittee on Banking, Housing, and f Urban Affairs: disclosures of the terms of rental-purchase REPORT ON THE NATIONAL SECU- agreements, including disclosures of all costs To the Congress of the United States: RITY STATEGY OF THE UNITED to consumers under such agreements, to pro- As required by section 401(c) of the STATES OF AMERICA—PM 111 vide certain substantive rights to consumers National Emergencies Act, 50 U.S.C. under such agreements, and for other pur- The PRESIDING OFFICER laid be- poses; to the Committee on Banking, Hous- 1641(c), and section 204(c) of the Inter- ing, and Urban Affairs. national Emergency Economic Powers fore the Senate the following message Act, 50 U.S.C. 1703(c), I transmit here- from the President of the United f with the 6-month periodic report pre- States, together with an accompanying ENROLLED BILL PRESENTED pared by my Administration on the na- report: which was referred to the Com- mittee on Armed Services: The Secretary of the Senate reported tional emergency with respect to per- that on today, September 19, 2002, she sons who commit, threaten to commit, To the Congress of the United States: had presented to the President of the or support terrorism that was declared As required by section 108 of the Na- United States the following enrolled in Executive Order 13224 of September tional Security Act of 1947, as amended bill: 23, 2001. (50 U.S.C. 404a), I am transmitting a re- S. 2810. An act to amend the Communica- GEORGE W. BUSH. port prepared by my Administration on tions Satellite Act of 1962 to extend the THE WHITE HOUSE, September 19, 2002. the National Security Strategy of the deadline for the INTELSAT initial public of- f United States. fering. f REPORT ON THE CONTINUATION GEORGE W. BUSH. THE WHITE HOUSE, September 19, 2002. OF THE NATIONAL EMERGENCY EXECUTIVE REPORTS OF WITH RESPECT TO PERSONS f COMMITTEES WHO COMMIT, THREATEN TO MESSAGES FROM THE HOUSE The following executive reports of COMMIT, OR SUPPORT TER- At 4:12 p.m., a message from the committees were submitted: RORISM IS TO CONTINUE IN EF- House of Representatives, delivered by By Mr. HOLLINGS for the Committee on FECT BEYOND SEPTEMBER 23, Mr. Hays, one of its reading clerks, an- Commerce, Science, and Transportation. 2002—PM 110 *Rebecca Dye, of North Carolina, to be a nounced that the House has passed the Federal Maritime Commissioner for the term The PRESIDING OFFICER laid be- following bill, in which it requests the expiring June 30, 2005. fore the Senate the following message concurrence of the Senate: *Roger P. Nober, of Maryland, to be a from the President of the United H.R. 1701. An act to amend the Consumer Member of the Surface Transportation Board States, together with an accompanying Credit Protection Act to assure meaningful for a term expiring December 31, 2005. *David McQueen Laney, of Texas, to be a report; which was referred to the Com- disclosures of the terms of rental-purchase Member of the Reform Board (Amtrak) for a agreements, including disclosures of all costs mittee on Banking, Housing, and term of five years. Urban Affairs: to consumers under such agreements, to pro- *Coast Guard nominations beginning Capt. vide certain substantive rights to consumers To the Congress of the United States: Jody A. Breckenridge and ending Capt. under such agreements, and for other pur- James C. Van Sice, which nominations were Section 202(d) of the National Emer- poses. received by the Senate and appeared in the gencies Act (50 U.S.C. 1622(d)) provides f Congressional Record on September 17, 2002. for the automatic termination of a na- *Coast Guard nomination of Stephen W. tional emergency unless, prior to the ENROLLED BILLS SIGNED Rochon. anniversary date of its declaration, the At 4:23 p.m., a message from the Mr. HOLLINGS. Mr. President, for President publishes in the Federal Reg- House of Representatives, delivered by the Committee on Commerce, Science,

VerDate Sep 04 2002 05:07 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.066 S19PT1 S8918 CONGRESSIONAL RECORD — SENATE September 19, 2002 and Transportation I report favorably ficiaries and to establish payment incentives eracy of mid-life and older Americans and to the following nomination lists which and to evaluate clinical methods for assuring reduce financial abuse and fraud among such were printed in the RECORDS on the quality services to people with serious and Americans, and for other purposes; to the disabling chronic conditions; to the Com- Committee on Health, Education, Labor, and dates indicated, and ask unanimous mittee on Finance. Pensions. consent, to save the expense of reprint- By Mr. BINGAMAN: By Mr. FRIST (for himself and Mr. ing on the Executive Calendar that S. 2971. A bill to amend the Transportation THOMPSON): these nominations lie at the Sec- Equity Act for the 21st Century to provide S. 2983. A bill to authorize a project for retary’s desk for the information of the Highway Trust Fund additional funding navigation, Chickamauga Lock and Dam, Senators. for Indian reservation roads, and for other Tennessee; to the Committee on Environ- The PRESIDING OFFICER. Without purposes; to the Committee on Indian Af- ment and Public Works. fairs. f objection, it is so ordered. By Ms. SNOWE (for herself and Ms. *Coast Guard nominations beginning COLLINS): SUBMISSION OF CONCURRENT AND Christine D Balboni and ending Steven E S. 2972. A bill to amend the Magnuson-Ste- SENATE RESOLUTIONS Vanderplas, which nominations were re- vens Fishery Conservation and Management The following concurrent resolutions ceived by the Senate and appeared in the Act to provide for a cooperative research and Congressional Record on September 17, 2002. management program, and for other pur- and Senate resolutions were read, and *Coast Guard nomination of David C. poses; to the Committee on Commerce, referred (or acted upon), as indicated: Clippinger. Science, and Transportation. By Mr. DEWINE (for himself and Mr. By Mr. LEAHY for the Committee on the By Mr. DOMENICI (for himself and Mr. VOINOVICH): Judiciary. BINGAMAN): S. Res. 328. A resolution designating the Ronald H. Clark, of Texas, to be United S. 2973. A bill to to designate the Federal week on September 22 through September 28, States District Judge for the Eastern Dis- building located at Fifth and Richardson 2002, as ‘‘National Parents Week’’; to the trict of Texas. Avenues in Roswell, New Mexico, as the ‘‘Joe Committee on the Judiciary. Lawrence J. Block, of Virginia, to be a Skeen Federal Building’’; to the Committee By Mr. SMITH of Oregon: Judge of the United States Court of Federal on Environment and Public Works. S. Con. Res. 142. A concurrent resolution Claims for a term of fifteen years. By Mr. GRAHAM (for himself and Mr. expressing support for the goals and ideas of Antonio Candia Amador, of California, to NELSON of Florida): a day of tribute to all firefighters who have be United States Marshal for the Eastern S. 2974. A bill to provide that land which is died in the line of duty and recognizing the District of California for the term of four owned by the Seminole Tribe of Florida but important mission of the Fallen Firefighters years. which is not held in trust by the United Foundation in assisting family members to States for the Tribe may be mortgaged, overcome the loss of their fallen heroes; to *Nomination was reported with rec- leased, or transferred by the Tribe without the Committee on the Judiciary. ommendation that it be confirmed sub- further approval by the United States; to the By Mr. INHOFE (for himself, Mrs. ject to the nominee’s commitment to Committee on Indian Affairs. CARNAHAN, Mrs. CLINTON, Ms. respond to requests to appear and tes- By Mr. BREAUX (for himself and Ms. LANDRIEU, Mr. BREAUX, Mrs. LINCOLN, tify before any duly constituted com- LANDRIEU): Mr. LIEBERMAN, Ms. STABENOW, Mr. mittee of the Senate. S. 2975. A bill to authorize the project for BIDEN, Mr. CLELAND, Mr. JOHNSON, hurricane and storm damage reduction, Mr. MILLER, Mr. NELSON of Nebraska, (Nominations without an asterisk Morganza, Louisiana, to the Gulf of Mexico, were reported with the recommenda- Mr. EDWARDS, Mr. BAUCUS, Mr. REED, Mississippi River and Tributaries; to the Mrs. MURRAY, Mr. BAYH, Mr. BOND, tion that they be confirmed.) Committee on Environment and Public Mr. HAGEL, Mr. THURMOND, Mr. f Works. HELMS, Mr. BROWNBACK, Mr. ALLEN, By Mr. BREAUX (for himself and Ms. Ms. COLLINS, Mr. STEVENS, Mr. AL- INTRODUCTION OF BILLS AND LANDRIEU): LARD, Mr. THOMAS, Mr. CRAIG, Mr. JOINT RESOLUTIONS S. 2976. A bill to provide economic disaster MURKOWSKI, Mr. LUGAR, Mr. FRIST, assistance to producers of the 202 crop of rice The following bills and joint resolu- Mr. NICKLES, Mr. BUNNING, Mrs. in the State of Louisiana; to the Committee HUTCHISON, Mr. FITZGERALD, Mr. tions were introduced, read the first on Agriculture, Nutrition, and Forestry. and second times by unanimous con- WARNER, Mr. ROBERTS, Mr. SHELBY, By Mr. BAYH (for himself and Mr. Mr. LOTT, Mr. CRAPO, Mr. GRASSLEY, sent, and referred as indicated: LUGAR): Mr. SESSIONS, Mr. DEWINE, and Mr. S. 2977. A bill to authorize the Secretary of By Mr. DODD (for himself and Mr. COCHRAN): ALLEN): the Army to assist in the continued develop- S. Con. Res. 143. A concurrent resolution S. 2966. A bill to enable the United States ment of the Indianapolis Central Waterfront designating October 6, 2002, through October to maintain its leadership in aeronautics and project in Indianapolis, Indiana; to the Com- 12, 2002, as ‘‘National 4-H Youth Development aviation by instituting an initiative to de- mittee on Environment and Public Works. Program Week’’; to the Committee on the velop technologies that will significantly By Mr. BAYH (for himself and Mr. Judiciary. lower noise, emissions, and fuel consump- LUGAR): S. 2978. A bill to modify the project for f tion, to reinvigorate basic and applied re- flood control, Little Calumet River, Indiana; search in aeronautics and aviation, and for ADDITIONAL COSPONSORS to the Committee on Environment and Pub- other purposes; to the Committee on Com- lic Works. S. 155 merce, Science, and Transportation. By Mr. ALLARD (for himself, Mr. NEL- At the request of Mr. BINGAMAN, the By Mr. BOND (for himself and Ms. COL- SON of Nebraska, and Mr. HAGEL): name of the Senator from Vermont LINS): S. 2979. A bill to identify certain routes in (Mr. LEAHY) was added as a cosponsor S. 2967. A bill to promote the production of the States of Colorado, Nebraska, and South affordable low-income housing; to the Com- of S. 155, a bill to amend title 5, United Dakota as part of the Heartland Expressway, States Code, to eliminate an inequity mittee on Banking, Housing, and Urban Af- a high priority corridor on the National fairs. Highway System; to the Committee on Envi- in the applicability of early retirement By Mr. SARBANES (for himself, Mr. ronment and Public Works. eligibility requirements to military re- JEFFORDS, and Mr. SESSIONS): By Mr. BOND (for himself, Mr. DODD, serve technicians. S. 2968. A bill to amend the American Bat- Mr. FRIST, and Mr. KENNEDY): S. 627 tlefield Protection Act of 1996 to authorize S. 2980. A bill to revise and extend the At the request of Mr. GRASSLEY, the the Secretary of the Interior to establish a Birth Defects Prevention Act of 1998; to the name of the Senator from Georgia (Mr. battlefield acquisition grant program; to the Committee on Health, Education, Labor, and CLELAND) was added as a cosponsor of Committee on Energy and Natural Re- Pensions. sources. By Mr. VOINOVICH: S. 627, a bill to amend the Internal By Mr. KENNEDY (for himself and Mr. S. 2981. A bill to exclude certain wire rods Revenue Code of 1986 to allow individ- GREGG): from the scope of any anti-dumping or coun- uals a deduction for qualified long- S. 2969. A bill to provide for improvement tervailing duty order issued as a result of term care insurance premiums, use of of Federal education research, statistics, certain investigations relating to carbon and such insurance under cafeteria plans evaluation, information, and dissemination, certain alloy steel rods; to the Committee on and flexible spending arrangements, and for other purposes; to the Committee on Finance. and a credit for individuals with long- Health, Education, Labor, and Pensions. By Mr. CORZINE (for himself, Mr. term care needs. By Mr. FEINGOLD: FITZGERALD, Mr. SARBANES, and Mr. S. 677 S. 2970. A bill to amend title XVIII of the AKAKA): Social Security Act to assure fair and ade- S. 2982. A bill to establish a grant program At the request of Mr. HATCH, the quate payment for high-risk Medicare bene- to enhance the financial and retirement lit- names of the Senator from Delaware

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.047 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8919 (Mr. BIDEN) and the Senator from Flor- S. 2215 of health care services for veterans to ida (Mr. NELSON) were added as cospon- At the request of Mr. SANTORUM, the place certain low-income veterans in a sors of S. 677, a bill to amend the Inter- name of the Senator from Virginia (Mr. higher health-care priority category. nal Revenue Code of 1986 to repeal the ALLEN) was added as a cosponsor of S. S. 2692 required use of certain principal repay- 2215, a bill to halt Syrian support for At the request of Mr. CORZINE, the ments on mortgage subsidy bond fi- terrorism, end its occupation of Leb- name of the Senator from Connecticut nancing to redeem bonds , to modify anon, stop its development of weapons (Mr. LIEBERMAN) was added as a co- the purchase price limitation under of mass destruction, cease its illegal sponsor of S. 2692, a bill to provide ad- mortgage subsidy bond rules based on importation of Iraqi oil, and by so ditional funding for the second round median family income, and for other doing hold Syria accountable for its of empowerment zones and enterprise purposes. role in the Middle East, and for other communities. S. 917 purposes. S. 2734 At the request of Ms. COLLINS, the S. 2215 At the request of Mr. KERRY, the name of the Senator from Washington At the request of Mrs. BOXER, the name of the Senator from Virginia (Mr. (Mrs. MURRAY) was added as a cospon- name of the Senator from Missouri WARNER) was added as a cosponsor of S. sor of S. 917, a bill to amend the Inter- (Mr. BOND) was added as a cosponsor of 2734, a bill to provide emergency assist- nal Revenue Code of 1986 to exclude S. 2215, supra. ance to non-farm small business con- from gross income amounts received on S. 2245 cerns that have suffered economic account of claims based on certain un- At the request of Mr. BURNS, the harm from the devastating effects of lawful discrimination and to allow in- name of the Senator from South Da- drought. come averaging for backpay and kota (Mr. JOHNSON) was added as a co- S. 2820 frontpay awards received on account of sponsor of S. 2245, a bill to amend title At the request of Mrs. CARNAHAN, the such claims, and for other purposes. 49, United States Code, to enhance name of the Senator from Washington S. 969 competition between and among rail (Ms. CANTWELL) was added as a cospon- At the request of Mr. DODD, the carriers, to provide for expedited alter- sor of S. 2820, a bill to increase the pri- names of the Senator from Maine (Ms. native dispute resolution of disputes ority dollar amount for unsecured COLLINS) and the Senator from Rhode involving rail rates, rail service, or claims, and for other purposes. Island (Mr. CHAFEE) were added as co- other matters of rail operations S. 2860 sponsors of S. 969, a bill to establish a through arbitration, and for other pur- At the request of Mr. ROCKEFELLER, Tick-Borne Disorders Advisory Com- poses. the name of the Senator from New LINTON mittee, and for other purposes. S. 2462 York (Mrs. C ) was added as a cosponsor of S. 2860, a bill to amend title S. 1201 At the request of Mr. JOHNSON, the XXI of the Social Security Act to mod- At the request of Mr. HATCH, the name of the Senator from Illinois (Mr. ify the rules for redistribution and ex- name of the Senator from Arkansas DURBIN) was added as a cosponsor of S. tended availability of fiscal year 2000 (Mr. HUTCHINSON) was added as a co- 2462, a bill to amend section 16131 of sponsor of S. 1201, a bill to amend the title 10, United States Code, to increase and subsequent fiscal year allotments Internal Revenue Code of 1986 to pro- rates of educational assistance under under the State children’s health in- vide for S corporation reform, and for the program of educational assistance surance program, and for other pur- other purposes. for members of the Selected Reserve to poses. S. 2869 S. 1377 make such rates commensurate with scheduled increases in rates for basic At the request of Mr. KERRY, the At the request of Mr. SMITH of Or- names of the Senator from Iowa (Mr. egon, the name of the Senator from educational assistance under section GRASSLEY) and the Senator from New Missouri (Mr. BOND) was added as a co- 3015 of title 38, United States Code, the Montgomery GI Bill. Jersey (Mr. TORRICELLI) were added as sponsor of S. 1377, a bill to require the cosponsors of S. 2869, a bill to facilitate S. 2480 Attorney General to establish an office the ability of certain spectrum auction in the Department of Justice to mon- At the request of Mr. LEAHY, the winners to pursue alternative measures itor acts of inter-national terrorism al- name of the Senator from Nevada (Mr. required in the public interest to meet leged to have been committed by Pal- REID) was added as a cosponsor of S. the needs of wireless telecommuni- estinian individuals or individuals act- 2480, a bill to amend title 18, United cations consumers. ing on behalf of Palestinian organiza- States Code, to exempt qualified cur- S. 2892 tions and to carry out certain other re- rent and former law enforcement offi- At the request of Mr. KENNEDY, the lated activities. cers from state laws prohibiting the name of the Senator from Indiana (Mr. carrying of concealed handguns. S. 1914 BAYH) was added as a cosponsor of S. At the request of Mr. KERRY, the S. 2490 2892, a bill to provide economic secu- name of the Senator from Iowa (Mr. At the request of Mr. TORRICELLI, the rity for America’s workers. GRASSLEY) was added as a cosponsor of name of the Senator from Vermont S. 2903 S. 1914, a bill to amend title 49, United (Mr. JEFFORDS) was added as a cospon- At the request of Mr. JOHNSON, the States Code, to provide a mandatory sor of S. 2490, a bill to amend title name of the Senator from Illinois (Mr. fuel surcharge for transportation pro- XVIII of the Social Security Act to en- DURBIN) was added as a cosponsor of S. vided by certain motor carriers, and for sure the quality of, and access to, 2903, a bill to amend title 38, United other purposes. skilled nursing facility services under States Code, to provide for a guaran- S. 2039 the medicare program. teed adequate level of funding for vet- At the request of Mr. DURBIN, the S. 2562 erans health care. name of the Senator from Michigan At the request of Mr. REID, the name S. 2906 (Mr. LEVIN) was added as a cosponsor of of the Senator from New Mexico (Mr. At the request of Mr. BINGAMAN, the S. 2039, a bill to expand aviation capac- BINGAMAN) was added as a cosponsor of names of the Senator from Minnesota ity in the Chicago area. S. 2562, a bill to expand research re- (Mr. DAYTON) and the Senator from S. 2188 garding inflammatory bowel disease, Idaho (Mr. CRAIG) were added as co- At the request of Mr. BURNS, the and for other purposes. sponsors of S. 2906, a bill to amend title name of the Senator from Alaska (Mr. S. 2583 23, United States Code, to establish a STEVENS) was added as a cosponsor of At the request of Mr. CORZINE, the program to make allocations to States S. 2188, a bill to require the Consumer name of the Senator from Delaware for projects to expand 2-lane highways Product Safety Commission to amend (Mr. BIDEN) was added as a cosponsor of in rural areas to 4-lane highways. its flammability standards for chil- S. 2583, a bill to amend title 38, United S. 2936 dren’s sleepwear under the Flammable States Code, to require the Secretary At the request of Mr. ALLEN, the Fabrics Act. of Veterans Affairs in the management name of the Senator from Virginia (Mr.

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.038 S19PT1 S8920 CONGRESSIONAL RECORD — SENATE September 19, 2002 WARNER) was added as a cosponsor of S. prise and maintain America’s competi- porated into the commercial airline in- 2936, a bill to amend chapter 84 of title tive leadership in aviation. Congress- dustry. The bill focuses on improving 5, United States Code, to provide that man LARSON and other members of fuel-efficiency for commercial standard certain Federal annuity computations Congress introduced companion legis- airliners, as well as noise reduction, are adjusted by 1 percent relating to lation in the House several months improved emissions, wake turbulence, periods of receiving disability pay- ago. more stringent safety and security ments, and for other purposes. The United States has dominated the standards, a more efficient air-traffic S. CON. RES. 94 aircraft industry for years. In 1985, we control system, and supersonic trans- dominated the aerospace market con- At the request of Mr. WYDEN, the port. Universities will also be given rename of the Senator from South Da- trolling more than 73 percent of the sources to develop training methods for commercial aircraft industry. Unfortu- kota (Mr. JOHNSON) was added as a co- people who will make use of these tech- nately, since 1985, the U.S. has fallen sponsor of S. Con. Res. 94, A concurrent nologies. Individual engineering grad- behind considerably. Today, we control resolution expressing the sense of Con- uate students studying aeronautics less than 50 percent of the global mar- gress that public awareness and edu- will be eligible for scholarships and ket. Over the last decade, funding for summer employment opportunities cation about the importance of health the National Aeronautics and Space care coverage is of the utmost priority which will be made possible through Administration’s aeronautics research specific funding in this legislation. and that a National Importance of and development program has fallen by Health Care Coverage Month should be These new technologies will help our approximately 50 percent. Nation militarily, as well. Planes will established to promote that awareness Last year, the European Commission be able to fly farther than before, com- and education. and aerospace industry executives un- munications networks will be im- S. CON. RES. 138 veiled a report entitled ‘‘European Aer- proved, making it easier to coordinate At the request of Mr. REID, the onautics: A Vision for 2020’’ which out- names of the Senator from South Da- lines ambitious goals of attaining glob- military operations, and quieter en- gines will make planes less detectable kota (Mr. JOHNSON), the Senator from al leadership in aeronautics and cre- to ground forces that do not have the Washington (Mrs. MURRAY), the Sen- ating a world class air transport sys- benefit of radar. Even transport mis- ator from Minnesota (Mr. DAYTON) and tem for Europe. The U.S. aeronautics the Senator from Louisiana (Ms. industry is being left behind at the sions will be much more efficient. The events of September 11 not only LANDRIEU) were added as cosponsors of gates, and is now in a position where it S. Con. Res. 138, A concurrent resolu- must catch up in an effort not to lose highlighted the importance of aviation tion expressing the sense of Congress its economic and technological domi- to our entire economy, but they also that the Secretary of Health And nance over the international aero- demonstrated the need to enhance our Human Services should conduct or sup- nautics market. Europe has committed aviation security system. This bill port research on certain tests to screen to spending more than $93 billion with- should, we believe, be part of our gov- for ovarian cancer, and Federal health in the next 20 years in order to imple- ernment’s commitment to investment care programs and group and indi- ment ‘‘A Vision for 2020’’. in the economic growth, security and vidual health plans should cover the The Aeronautics Research and Devel- safety of America’s aviation and aero- tests if demonstrated to be effective, opment Revitalization Act of 2002 will nautics sector. provide a funding basis for NASA to and for other purposes. By Mr. BOND (for himself and AMENDMENT NO. 4662 plan and implement their ‘‘Aeronautics Blueprint-Toward a Bold New Era of Ms. COLLINS): At the request of Mr. SPECTER, his S. 2967. A bill to promote the produc- Aviation’’. The ‘‘Aeronautics Blue- name was added as a cosponsor of tion of affordable low-income housing; print’’ confronts the challenges that amendment No. 4662 intended to be pro- to the Committee on Banking, Hous- posed to H.R. 5005, a bill to establish are faced by the aviation industry and puts forth a vision of what can be ing, and Urban Affairs. the Department of Homeland Security, Mr. BOND. Madam President, I rise achieved by investments in aeronautics and for other purposes. today to introduce the Affordable research and technology, and stresses AMENDMENT NO 4662 Housing Expansion Act of 2002. I in- . the importance of combining the ef- At the request of Mr. CRAPO, his forts of NASA, DOD, DoT, the FAA, clude a summary of the provisions of name was added as a cosponsor of academia, and industry. It does not, the legislation with my statement, and amendment No. 4662 intended to be pro- however, provide a program plan to ac- I urge all members to review the bill posed to H.R. 5005, supra. tually achieve the vision, nor does it and the summary. Obviously this is a f address the huge disparity between major piece of legislation that will un- current NASA aeronautics funding and doubtedly be considered in the next STATEMENTS ON INTRODUCED session of Congress as well, but I want BILLS AND JOINT RESOLUTIONS what is required to achieve the vision. The bill that Senator ALLEN and I are to be out in public for discussion this By Mr. DODD (for himself and introducing today provides the nec- year so we can work on it early next Mr. ALLEN): essary program plan needed to achieve year. This is an important bill that is S. 2966. A bill to enable the United the nation’s aeronautics vision as designed to start to meet the long-term States to maintain its leadership in found in the ‘‘Aeronautics Blueprint,’’ housing needs of very low- and ex- aeronautics and aviation by instituting and stresses the importance of having tremely low-income families. This bill an initiative to develop technologies agencies like NASA and FAA work is targeted especially to provide afford- that will significantly lower noise, closely together in achieving these able housing for extremely low-income emissions, and fuel consumption, to re- goals. families, those at or below 30 percent of invigorate basic and applied research The Aeronautics Research and Devel- medium income. in aeronautics and aviation, and for opment Revitalization Act of 2002 In particular, the Affordable Housing other purposes; to the Committee on would reverse the trend of declining Expansion Act would establish a new Commerce, Science, and Transpor- Federal investments in aeronautics and block grant program to be adminis- tation. aviation R&D by doubling the author- tered by the Department of Housing Mr. DODD. Madam President, I am ization of funding over five years. and Urban Development—HUD. HUD pleased to rise today with Senator Funding for NASA would increase to would allocate funds to state housing ALLEN to introduce the Aeronautics $900 million in 2005, which is approxi- finance agencies for the development of Research & Development Revitaliza- mately the level it was in 1998, and mixed income housing with the Federal tion Act of 2002. This legislation is would increase to $1.15 billion in 2007. funding targeted to the development of aimed at protecting the economic sta- The legislation would also double fund- the very low-income and extremely bility and national security of the ing for the FAA to more than $550 mil- low-income housing component of the United States by establishing a broad- lion in 2007. mixed income housing. Each state based agenda to reinvigorate America’s This bill will have a direct impact on housing finance agency would have to aeronautics and aviation R&D enter- technologies that can be easily incor- submit an affordable housing expansion

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.039 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8921 plan to HUD that ensures the funds are omy, as rents continue to rise faster more housing because we are going to allocated to meet the low-income hous- than inflation, the pressure for above- expand the number of section 8 certifi- ing needs in both the rural and urban average rent increases at the bottom cates. The sad fact is that in many areas of each state. States also would end of the rental stock is eroding fur- communities, particularly in the St. have to contribute a 25 percent match. ther the supply of rental units that are Louis area, no matter how many more Moreover, each state housing finance affordable without Government sub- vouchers you put out, no more housing agency could use up to 20 percent of sidies. is available. Too many of the vouchers, these block grant funds to preserve ex- In addition, this report found a the certificates, are not used because isting low-income multifamily housing record high of 5.4 million families— there simply is not the affordable hous- and for the rehabilitation needs of low- some 600,000 more families with worst ing. This deals with the problem that income multifamily housing. case housing needs than in 1991—that we see, not just in St. Louis but across The Affordable Housing Expansion have incomes below 50 percent of me- the Nation. Act also provides new authority for dian income and pay at least 50 percent I believe my colleagues should take a of their income in rent. In addition, low-income housing production under hard look at this. We invite their com- worst case housing needs have become the Section 8 program and the Public ments and consideration. We must do increasingly concentrated among those Housing program. Under the Section 8 something, and it will probably be next families with extremely low-incomes. program, the bill provides new author- year, but we must get to work right In particular, over three-quarters of ity for a ‘‘Thrifty Voucher’’ program now thinking about how we are going that would allow the use of section 8 the families with worst case housing needs in 1997 had incomes below 30 per- to meet the need for affordable housing project-based assistance for new con- for the very low and extremely low instruction, substantial rehabilitation cent of median income. I have seen no evidence that these families have fared come people who live in our country. and preservation of affordable housing I ask unanimous consent that a sum- for extremely low-income families. Be- better since 1997, and as rents have increased, I think it obvious that the mary of the legislation be printed with cause the cost of these vouchers is my statement. capped at 75 percent of the payment problem has worsened. Further, since The ACTING PRESIDENT pro tem- standard, these vouchers will need to that time, we have lost some 200,000 units of section 8 project-based units to pore. Without objection, it is so or- be used in conjunction with other hous- rent increases as well as to decisions dered. ing assistance programs, such as the by owners of the housing not to renew HOME program, the Community Devel- Mr. BOND. Madam President, I send their section 8 contracts. Also, as fami- opment Block Grant program or Low the bill to the desk and ask for its ap- lies age and people live longer lives, we Income Housing Tax Credit program, propriate referral. are beginning to face a new crisis of a to be successful. The ACTING PRESIDENT pro tem- The bill also would authorize a new lack of affordable housing for our sen- pore. The bill will be received and ap- loan guarantee program that will allow iors. propriately referred. The Affordable Housing Expansion public housing agencies to rehabilitate AFFORDABLE HOUSING EXPANSION ACT OF 2002 Act is designed to provide additional, existing public housing or develop off- (INTRODUCED BY SENATORS BOND AND COL- needed tools that will allow States and LINS) site public housing in mixed income de- communities to develop new affordable TITLE I—PRODUCTION OF NEW HOUSING FOR EX- velopments. The long-term debt of low-income and mixed-income housing, these loans would be tied to the pro- TREMELY LOW-INCOME AND VERY LOW-INCOME including units targeted to extremely FAMILIES rata share of funds under the Public low-income families. This would help Establishes a $1 billion block grant pro- Housing Capital and Operating Funds fill a gap in the housing needs of the that would be allocated to the units gram beginning in 2003 that would allocate Nation that would allow these lowest funds to state housing finance agencies on a that are rehabilitated or constructed income families to begin to climb the over a maximum of 30 years. This tool per capita basis according to the population housing ladder to homeownership. De- of the state. No state would receive less than will allow Public Housing Agencies to cisions would be driven by local choice $6 million. address more aggressively the over $20 and need and start to meet the bur- Allows funds to be used for acquisition, billion backlog of public housing cap- geoning need for new low-income hous- new construction, reconstruction, or mod- ital needs. ing in tight markets where there is lit- erate or substantial rehabilitation of afford- The Affordable Housing Expansion tle or no housing for families and sen- able housing; permits funds to be used for re- Act of 2002 is an important first step iors at the low end of the economic habilitation needs and preservation of exist- towards addressing a growing shortage ing assisted low-income housing (although scale. These families need to be served no more than 20 percent of the funds can be of affordable housing for very low-in- and the cost is small compared to po- come and extremely low-income fami- used for rehabilitation and preservation); al- tential cascading social and economic lows conversion of existing housing to hous- lies. While homeownership rates have costs to both communities and fami- ing for the elderly or for persons with dis- grown and the cost of housing has sky- lies—it is a simple equation—homes abilities. rocketed, many very low-income and equal stable environments in which Requires states to meet a 25 percent extremely low-income families are children are educated and people can matching requirement to ensure account- being left behind without the avail- obtain jobs. Jobs and homes represent ability and to leverage additional funds. ability of affordable rental housing. the tax base of any community and Requires housing developed to be low- and This is unfortunate. It is a tragedy. educated children are the future of our mixed-income housing with at least 30 per- The social and economic costs to the Nation. cent of the assisted unites targeted to ex- Nation are dramatic. And while we This is important legislation. The tremely low-income families (families at or have several Federal housing produc- below 30 percent of medium income); remain- private sector is not making the needing assisted units would be targeted to very tion programs, such as the HOME pro- ed investment to meet the low-income low-income families. gram and the Low Income Housing Tax housing needs of the present and fu- Rents for assisted units are modeled after Credit, not enough is being done. ture. The Federal government must the low-income tax credit program only with In particular, HUD’s most recent re- show the leadership and make the deeper targeting—extremely low-income port on worst case housing needs, A Re- needed investment to partner with families would pay no more than 25 percent port on Worst Case Needs in 1999: New state and localities as well as public of 30 percent of medium income and very Opportunity Amid Continuing chal- and private entities in the low-income low-income families would pay no more than lenges, concluded that the shortage of housing infrastructure of the Nation. 25 percent of 50 percent of medium income. affordable housing has worsened. In This bill is designed to start to meet Authorizes a new multifamily risk-sharing particular, the number of units afford- mortgage insurance program to help under- this need and focus the debate on the write housing assisted under this title. able to extremely low-income renters importance of low-income housing pro- dropped between 1997 and 1999 at an ac- duction to the current and future hous- TITLE II—SECTION 8 HOUSING PRODUCTION celerated rate, and shortages of afford- ing needs of this Nation. Thrifty vouchers able housing available to those renters Too often in this body we say we are Establishes a ‘‘Thrify’’ Voucher Housing worsened. As we have seen in this econ- going to help low-income people get Production program that targets section 8

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.059 S19PT1 S8922 CONGRESSIONAL RECORD — SENATE September 19, 2002 project-based assistance for new construc- (2) through new section 8 ‘‘thrifty’’ vouch- Secretary shall provide for distribution of tion, substantial rehabilitation and preserva- er authority; and amounts under this subsection to Indian tion with eligible families defined as ‘‘ex- (3) through new loan guarantee authority tribes on the basis of a competition con- tremely low-income families’’ (those at or for public housing agencies. ducted pursuant to specific criteria devel- below 30 percent of adjusted income). SEC. 3. DEFINITIONS. oped after notice and public comment. Limits assistance to 25 percent of units in For purposes of this Act, the following (b) MINIMUM STATE ALLOCATION.—If the al- a building while limiting the cost for a unit definitions shall apply: location under subsection (a), when applied at 75 percent of the payment standard or fair (1) The term ‘‘extremely low-income fami- to the funds approved under this section in market rent (really is operating costs, util- lies’’ shall mean persons and families (as appropriations Acts for a fiscal year, would ity costs and reasonable return on operating that term is defined in section 3(b)(3) of the result in funding of less than $6,000,000 for costs.). Initial rent term would be 15 years United States Housing Act of 1937) whose in- any State, the allocation for such State shall with renewals through at least year 40. The comes do not exceed— be $6,000,000 and the increase shall be de- premise is to use anticipated section 8 (A) 30 percent of the area medium as deter- ducted pro rata from the allocation of all the project-based funds to capitalize the cost of mined by the Secretary with adjustments for other States. new construction, substantial rehabilitation smaller and larger families and for unusually (c) CRITERIA FOR REALLOCATION.—The Sec- and preservation while subsidizing these high or low family incomes; or retary shall reallocate any funds previously costs over some 40 years plus. Thrifty vouch- (B) 30 percent of the national nonmetro- allocated to a State housing finance agency ers could be used in conjunction with low-in- politan medium income, if it is higher than for any fiscal year in which the State hous- come housing tax credits, HOME, CDBG or the area medium income. ing finance agency fails to provide its match the (Title I) ‘‘Bond’’ Housing Production (2) The term ‘‘insular areas’’ shall mean requirements or fails to submit an affordable Block Grant program. the Commonwealth of the Northern Mariana housing expansion plan that is approved by New Thrifty Vouchers would be distributed Islands, Guam, the Virgin Islands, America the Secretary. All such funds shall be reallo- under the formula used for the HOME pro- Samoa, and any other territory of possession cated pursuant to the formula provided gram. of the United States under subsection (a). Reallocation of vouchers (3) The term ‘‘low-income families’’ shall SEC. 103. AFFORDABLE HOUSING EXPANSION New section 8 provision would provide for have the same meaning as provided under PLAN. the reallocation of section 8 funds where a section 3(b)(2) of the United States Housing (a) SUBMISSION OF AFFORDABLE HOUSING PHA fails to utilize at least 90 percent of al- Act of 1937. EXPANSION PLAN.—The Secretary shall allo- (4) The term ‘‘project-based assistance’’ located section 8 tenant-based assistance, cate funds under section 102 to a State hous- shall have the meaning given such term in and then 95 percent after 16 months from no- ing finance agency only if the State housing section 16(c)(6) of the United States Housing tice on failure to meet the 90 percent utiliza- finance agency has submitted an affordable Act of 1937, except that such term includes tion requirements. Allows PHAs to challenge housing expansion plan, with annual up- assistance under any successor programs to for a new survey of market rents in an area dates, approved by the Secretary and de- the programs referred to in such section. for an increased rent payment standard or signed to meet the overall very low- and low- (5) The term ‘‘public housing agency’’ shall fair market rent. Provides for a reallocation income housing needs of both the rural and have the meaning given such term in section to another PHA, State or local agency, or urban areas of the State in which the State 3(b) of the United States Housing Act of 1937. nonprofit/for-profit capable of administering housing finance agency is located. This plan (6) The term ‘‘Secretary’’ shall mean the section 8 assistance upon a finding that a shall be developed in conjunction with the Secretary of Housing and Urban Develop- PHA has failed to meet these performance housing strategies developed for the applica- ment. ble States and localities under section 105 of requirements. Upon a finding that there is a (7) The term ‘‘section 8 assistance’’ or lack of eligible families for section 8 assist- Cranston-Gonzalez National Affordable ‘‘voucher’’ shall have the meaning given Housing Act. ance in an are, HUD may reallocate section such term in section 8(f) of the United States 8 assistance to other needy areas. (b) CITIZEN PARTICIPATION.—Before submit- Housing Act of 1937. ting an affordable housing expansion plan to Preservation of sections 8 assistance on hud— (8) The term ‘‘State’’ shall mean any State held and owned properties the Secretary, a State housing finance agen- of the United States, the District of Colum- cy shall— New provision that requires HUD to main- bia, and the Commonwealth of Puerto Rico. (1) make available to citizens of the State, (9) The term ‘‘State housing finance agen- tain existing section 8 project-based assist- public agencies and other interested parties cy’’ shall mean any State or local housing fi- ance for any HUD-owned or HUD-held multi- information regarding the amount of assist- nance agency that has been designated by a family projects upon disposition, except ance expected to be made available under State or insular area to administer this pro- where HUD determines the project is not via- this Title and the range of investment or gram. ble. (Mirrors Bond provision carried in another uses of such assistance that the State (10) The term ‘‘very low-income families’’ nual VA/HUD Appropriations Acts for the housing finance agency may undertake; shall have the same meaning as provided disposition of HUD-owned or HUD-held mul- (2) publish the proposed plan in a manner under section 3(b) of the United States Hous- tifamily projects that serve elderly or dis- that, in the determination of the Secretary, ing Act of 1937. abled families.) affords affected citizens, public agencies, and TITLE III—PUBLIC HOUSING LOAN GUARANTEE TITLE I—PRODUCTION OF AFFORDABLE other interested parties a reasonable oppor- PROGRAM HOUSING FOR EXTREMELY LOW-IN- tunity to review its contents and to submit Establishes a new HUD loan guarantee pro- COME AND VERY LOW-INCOME FAMI- comments on the proposed plan; gram for public housing agencies for the re- LIES (3) hold one or more public hearings to ob- habilitation of a portion of public housing or SEC. 101. AUTHORITY. tain the views of citizens, public agencies, the development of off-site public housing in The Secretary of Housing and Urban Devel- and other interested parties on the housing mixed income developments. Long term debt opment shall make funds available to State needs of the State; and is tied to the pro-rata share of funds under housing finance agencies as provided under (4) provide citizens, public agencies, and the Captial and Operating Funds that would section 102 for the rehabilitation of existing other interested parties with reasonable ac- be allocated to the units rehabilitated or low-income housing, for the development of cess to records regarding the uses of any as- constructed over a maximum of 30 years. new affordable low-income housing units, sistance that the State housing finance There being no objection, the bill was and for the preservation of existing low-in- agency may have received under this Title during the preceding 5 years. ordered to be printed in the RECORD, as come housing units that are at risk of be- follows: coming unavailable for low-income families. SEC. 104. ELIGIBLE USE OF FUNDS. SEC. 102. ALLOCATION OF RESOURCES. Funds made available under this title shall S. 2967 (a) IN GENERAL.—The Secretary shall allo- be used for— Be it enacted by the Senate and House of Rep- cate funds approved in appropriations Acts (1) the acquisition, new construction, re- resentatives of the United States of America in to State housing finance agencies to carry construction, or moderate or substantial re- Congress assembled, out this Title. Subject to the requirements habilitation of affordable housing for mixed SECTION. 1. SHORT TITLE. of subsection (b) and as otherwise provided income rental housing where the assistance This Act may be cited as the ‘‘Affordable in this subsection, each State housing fi- provided under section 102 shall be used to Housing Expansion Act of 2002’’. nance agency shall be eligible to receive an assist units targeted to very low-income and SEC. 2. PURPOSE. amount of funds equal to the proportion of extremely low-income families, including The purposes of this Act are to expand the the per capita population of the State in re- large families, the elderly, and persons with production of affordable low-income housing lation to the population of the United States disabilities. for extremely low-, very low- and low-income which shall be determined on the basis of the (2) the moderate and substantial rehabili- families: most recent decennial census for which data tation of rental housing units that are cur- (1) through the creation of a housing pro- are available. For each fiscal year, the Sec- rently assisted under State or Federal low- duction block grant program that will be ad- retary shall reserve for grants to Indian income housing programs; ministered through state housing finance tribes 1 percent of the amount appropriated (3) the preservation of Federal and State agencies; under the applicable appropriations Act. The low-income housing units that are at risk of

VerDate Sep 04 2002 05:00 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.061 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8923 being no longer affordable to low-income contribution towards rent (not including any lished under section 542 of the Housing and families; Federal or State rental subsidy provided on Community Development Act of 1992, except (4) the purchase and creation of land trusts behalf of the family) not more than 25 per- that housing that meet the requirements of to allow low-income families an opportunity cent of the adjusted income of a family this Title shall be eligible for mortgage in- to rent homes in areas of low-vacancy; whose income equals 30 percent of the me- surance. (5) conversion of public housing to assisted dian income for the area, as determined by SEC. 113. EFFECTIVE DATE AND REGULATIONS. living facilities for the very low- and ex- the Secretary, with adjustments for the (a) EFFECTIVE DATE.—This Title shall take tremely-low income elderly; number of bedrooms in the unit, except that effect upon the date of enactment of this (6) conversion of section 202 elderly hous- the Secretary may establish income ceilings Act. ing to assisted living facilities for the very higher or lower than 30 percent of the me- (b) RULES.—The Secretary shall issue no- low- and extremely-low income elderly; dian income for the area on the basis of the tice and comment rulemaking with final reg- (7) conversion of HUD-owned or HUD-held Secretary’s findings that variations are nec- ulations issued no later than 6 months after multifamily properties upon disposition to essary because of the prevailing levels of the date of enactment of this Act. housing for the very low- and extremely low- construction costs or fair market rents, or SEC. 114. AUTHORIZATION OF APPROPRIATIONS. income elderly, housing for very low-income unusually high or low family incomes; There is authorized to be appropriated and extremely low-income persons with dis- (2) except as provided under paragraph (1), $1,000,000,000 for fiscal year 2003, of which no abilities and to assisted living facilities for is required to have all assisted units be occu- more than 20 percent of such funds may be the very low- and extremely low-income el- pied by very low-income families who pay as used for rehabilitation needs and to preserve derly; and a contribution towards rent (not including existing housing for low- income families. (8) creation of sinking funds to maintain any Federal or State rental subsidy provided TITLE II—SECTION 8 HOUSING reserves held by State housing finance agen- on behalf of the family) not more than 25 PRODUCTION cies to preserve the low-income character of percent of 50 percent of the median income the housing. SEC. 201. PROJECT-BASED VOUCHERS AND for an area; and THRIFTY VOUCHERS. (3) will remain affordable under the re- SEC. 105. MATCHING REQUIREMENTS. (a) IN GENERAL.—Section 8(o)(13) of the (a) IN GENERAL.—Each State housing fi- quirements provided in paragraphs (1) and United States Housing Act of 1937 is amend- nance agency shall make contributions for (2), according to legally binding commit- ed— activities under this title that total, ments satisfactory to the Secretary, for not (1) in subparagraph (C)(ii), by inserting be- throughout a fiscal year, not less than 25 less than 40 years, without regard to the fore the period at the end the following: ‘‘, percent of the funds made available under term of the mortgage or to the transfer of revitalizing a low-income community, or this title. ownership, or for such period that the Sec- preventing the displacement of extremely (b) ALLOWABLE AMOUNTS.— retary determines is the longest feasible pe- low- income families’’; (1) APPLICATION TO HOUSING.—A contribu- riod of time consistent with sound economics (2) in subparagraph (D)(ii), by striking tion shall be recognized for purposes of a and the purposes of this Act, including fore- ‘‘apply in the case of’’ and all that follows match under subsection (a) only if— closure where the responsibility for main- through the period and inserting the fol- (A) made with respect to housing that taining the low-income character of the lowing: ‘‘apply— qualifies as affordable housing under section property will be the responsibility of the (I) in the case of assistance under a con- 107; or State housing finance agency. tract for housing consisting of single family (B) made with respect to any portion of a (b) PRIORITY FOR EXTREMELY LOW-INCOME properties (buildings with 1 to 4 units); project for which not less than 50 percent of FAMILIES.—State housing finance agencies (II) for dwelling units that are specifically the units qualify as affordable housing under shall give priority for funding to those made available for households comprised of section 107. projects that maximize the availability and elderly families or disabled families; or (2) FORM.—A contribution may be in the affordability of housing for extremely low- (III) outside of a qualified census tract, for form of— income families. buildings with 5 to 25 units or with dwelling (A) cash contributions from non-Federal SEC. 108. TENANT SELECTION. units that are specifically made available for sources, which may not include funds from a An owner of any housing assisted under families receiving supportive services. grant under section 106(b) or section 106(d) of this Title shall establish tenant selection For purposes of this clause, the term the Housing and Community Development procedures consistent with the affordable ‘qualified census tract’ has the same mean- Act of 1974 or from the value of low income housing expansion plan of the State housing ing given that term in section 42(d) of the In- tax credits allocated pursuant to the Inter- finance agency. ternal Revenue Code of 1986. The Secretary nal Revenue Code; SEC. 109. PROHIBITION ON USE OF FUNDS FOR may waive the limitations of this clause, (B) the value of taxes, fees or other charges SERVICE COORDINATORS OR SUP- consistent with the obligation to affirma- that are normally and customarily imposed PORTIVE SERVICES. tively further fair housing practices.’’; but are waived, forgone, or deferred in a No funds under this Act may be used for (3) in subparagraph (F), by striking ‘‘10 manner that achieves affordability of hous- service coordinators or supportive services. years’’ and inserting ‘‘15 years’’; ing assisted under this title; SEC. 110. PENALTIES FOR MISUSE OF FUNDS. (4) by adding the following to the end: (C) the value of land or other real property The Secretary shall recapture any assist- ‘‘(L) USE OF ASSISTANCE IN CONJUNCTION as appraised according to procedures accept- ance awarded under this Title to the extent WITH PUBLIC HOUSING CAPITAL FUNDS.— ‘‘(i) CAPITAL FUND.—Notwithstanding any able to the Secretary; the assistance has been used for impermis- provision to the contrary in this Act, a pub- (D) the value of investment in on-site and sible purposes. To the extent the Secretary lic housing agency may attach assistance off-site infrastructure directly required for identifies a pattern and practice regarding under this paragraph to a structure or unit affordable housing assisted under this title; the misuse of funds awarded under this Title, that receives assistance allocated to the pub- (E) the reasonable value of any site-prepa- the Secretary shall deny assistance to that lic housing agency under the Capital Fund, ration and construction materials and any State for up to 5 years, subject to notice and established by section 9(d). donated or voluntary labor in connection an opportunity for judicial review. with the site-preparation for, construction ‘‘(ii) OPERATING FUND.—A unit that re- SEC. 111. SUBSIDY LAYERING REQUIREMENTS. ceives assistance under this paragraph shall or rehabilitation of affordable housing; and The requirements of section 102(d) of the (F) such other contributions to affordable not be eligible for assistance under the Oper- Department of Housing and Urban Develop- ating Fund established by section 9(e). housing as the Secretary considers appro- ment Reform Act of 1989 may be satisfied in priate. ‘‘(M) THRIFTY VOUCHERS.— connection with assistance, including a com- ‘‘(i) IN GENERAL.—For the purpose of en- (3) ADMINISTRATIVE EXPENSES.—Contribu- mitment to insure a mortgage, provided couraging the production or preservation of tions for administrative expenses may not be under this Title by a certification of a State housing affordable to extremely low-income recognized for purposes of this section. housing finance agency to the Secretary that families, a public housing agency may use SEC. 106. DISTRIBUTION OF ASSISTANCE. the combination of assistance within the ju- amounts provided under an annual contribu- Each State housing finance agency shall risdiction of the Secretary and other govern- tions contract under this subsection to enter ensure that the development of new housing ment assistance provided in connection with into a housing assistance payment contract under this section is designed to meet both a property assisted under this Title shall not for Thrifty Voucher assistance that is at- urban and rural needs, and prioritize fund- be any greater than is necessary to provide tached to the structure. Except as otherwise ing, to the extent practicable, in conjunction affordable housing. specified in this paragraph, such housing as- with the economic redevelopment of an area. SEC. 112. MULTIFAMILY RISK-SHARING MORT- sistance contract shall be subject to the lim- SEC. 107. ELIGIBLE AFFORDABLE HOUSING. GAGE INSURANCE PROGRAM. itations and requirements of subparagraphs (a) PRODUCTION OF AFFORDABLE HOUSING.— The Secretary shall carry out a mortgage (A), (B), (C), (D), (E), (F), (G), (J), (K) and (L). In the case of new construction, housing insurance program through the Federal ‘‘(ii) USE FOR NEW PRODUCTION, SUBSTAN- shall qualify for assistance under this title Housing Administration in conjunction with TIAL REHABILITATION, AND PRESERVATION.— only if the housing— State housing finance agencies to insure Assistance under this paragraph may only be (1) is required to have not less than 30 per- multifamily mortgages for housing that attached to a structure that is newly con- cent of the assisted units occupied by ex- qualifies under this Title. This program shall structed, acquired for preservation as afford- tremely low-income families who pay as a be consistent with the requirements estab- able housing, or substantially rehabilitated.

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.064 S19PT1 S8924 CONGRESSIONAL RECORD — SENATE September 19, 2002

‘‘(iii) ELIGIBLE FAMILIES.—A prospective ‘‘(III) EXCEPTION TO LIMITATION ON PROJECT- effect upon the date of enactment of this tenant of a unit that is assisted under this BASED ASSISTANCE.—The additional units as- Act. subparagraph must qualify as an extremely sisted as a result of the reduced payments (2) RULES.—The Secretary shall promul- low-income family at the commencement of permitted under this paragraph shall not be gate rules, as may be necessary, to carry out the proposed occupancy by the tenant. considered in determining the compliance of section 8(o)(13) of the United States Housing ‘‘(iv) LIMITATION.—Assistance under this a public housing agency with the percentage Act of 1937, as amended by this Act, and shall subparagraph may not be attached to more limitation in subparagraph (B). publish— than 25 percent of the units in a building. ‘‘(IV) APPLICABILITY.—This subparagraph (A) either proposed rules or interim rules For purposes of this clause, a project con- shall not apply to incremental assistance not later than 6 months after the date of en- sisting of single family structures shall be initially issued under this paragraph. actment of this Act; and treated as 1 building if the single family ‘‘(vii) ALLOCATION OF INCREMENTAL ASSIST- (B) final rules not later than 1 year after structures are owned, and constructed, sub- ANCE FOR USE UNDER THIS PARAGRAPH.— the date of enactment of this Act. stantially rehabilitated, or acquired for pres- ‘‘(I) IN GENERAL.—Incremental assistance SEC. 202. REALLOCATION OF VOUCHERS. ervation under a common plan. appropriated for use under this paragraph— (a) IN GENERAL.—Section 8(dd) of the ‘‘(v) RENT CALCULATION.— ‘‘(aa) shall be allocated for public housing United States Housing Act of 1937 (42 U.S.C. ‘‘(I) IN GENERAL.—A housing assistance agencies within each State, after reserving 1437f(dd)) is amended— payment contract entered into under this appropriate amounts for insular areas, in ac- (1) by striking ‘‘Subject to’’ and inserting subparagraph shall establish the gross rent cordance with the formula established by the the following: ‘‘(1) IN GENERAL.—Subject to’’; for each unit assisted in an amount equal to Secretary under section 217(b) of the Cran- and the per unit operating cost of the property ston-Gonzalez National Affordable Housing (2) by adding at the end the following: ‘‘(2) plus the applicable utility allowance of the Act (42 U.S.C. 12747(b)); and REALLOCATION OF CHRONICALLY UNUTILIZED public housing agency for tenant-paid utili- ‘‘(bb) the Secretary shall obligate amounts VOUCHERS.— ‘‘(A) IN GENERAL.—The Secretary may re- ties. An owner may accept a gross rent that that are available for public housing agen- duce the allocation baseline, only to the ex- is less than the per unit operating cost of the cies within each State, as determined under item (aa), to qualified public housing agen- tent that the reduction reflects the lesser of property plus the applicable utility allow- the unutilized portion of tenant-based sub- ance, if the gross rent exceeds the limitation cies within the State pursuant to specific criteria for the selection of recipients for as- sidies or of budget authority provided under under subclause (IV). this section, of a public housing agency ‘‘(II) UNIT OPERATING COST.—As used in this sistance in a notice published in the Federal that— subparagraph, the unit operating cost is the Register. ‘‘(II) RECIPIENTS.—Subject to the alloca- ‘‘(i) fails, in a fiscal year, beginning in the allocable share of the ordinary and cus- fiscal year in which this Act is enacted, to tomary expenses of the unit incurred to option referred to in subclause (I) and any additional criteria that the Secretary may estab- utilize at least 90 percent of its allocated erate the property, including applicable number of tenant-based subsidies or at least owner- paid utilities, contribution to the re- lish, the Secretary shall award such incremental assistance for use under this para- 90 percent of the budget authority provided placement reserve, asset management fees, under this section that has been under an- and a cash flow allowance equal to 15 percent graph to a public housing agency that administers a program of tenant-based assist- nual contributions contract for 12 months on of all other allocable operating costs. A pub- the first day of the fiscal year, not taking lic housing agency shall require an owner to ance under this subsection and— ‘‘(aa) administers funds for the construc- into account, in the numerator, funds used demonstrate that the unit operating cost for tion, preservation, or substantial rehabilita- for services and other activities under sec- units assisted under this subparagraph does tion of rental housing other than public tion 4; and not exceed the operating cost of other units housing; or ‘‘(ii) fails, within 16 months after written in the property that are not assisted under ‘‘(bb) has an agreement with an agency or notice by the Secretary of a failure described this subparagraph, with appropriate adjust- entity that administers funds for the con- in clause (i), to utilize at least 95 percent of ments for unit size, and shall establish poli- struction, preservation, or substantial reha- allocated vouchers for rental assistance pro- cies to ensure that expenses included in the bilitation of rental housing that will enable vided under this section or contracted budg- unit operating cost that are paid to the a prospective developer of such housing to et authority provided under this section with owner or a related entity are reasonable and submit a single application for both types of respect to vouchers that have been under an- consistent with prevailing costs in the com- funds. nual contributions contract for 12 months on munity in which the property is located. Re- ‘‘(III) LIMITATION.—Incremental assistance the first day of the fiscal year, not taking quired verification shall be determined by for use under this paragraph shall not be into account, in the numerator, funds used the public housing agency. considered in determining compliance by a for services and other activities under sec- ‘‘(III) ADJUSTMENT.—A public housing public housing agency with the limitation in tion 4. agency shall, upon request, make an appro- subparagraph (B). ‘‘(B) NOTICE TO TENANTS AND COMMUNITY.— priate annual adjustment in the rent estab- ‘‘(IV) NATIONAL COMPETITION.—If the Sec- When the Secretary provides written warn- lished under this clause based on docu- retary determines that sufficient funds for ing to a public housing agency of a failure mented changes in unit operating costs and incremental assistance for use under this described in subparagraph (A)(i), the Sec- any increase in the applicable fair market paragraph have not been appropriated for retary shall also publish notice of such fail- rent or payment standard. public housing agencies within each State in ure in the Federal Register and shall provide ‘‘(IV) LIMITATION.—Gross rent established accordance with the formula established written notice of such failure to the chair- under this paragraph shall not exceed the under section 217(b) of the Cranston-Gonzalez man of the subject public housing agency’s greater of— National Affordable Housing Act (42 U.S.C. resident advisory board established pursuant ‘‘(aa) 75 percent of the payment standard 12747(b)), the Secretary may award such to section 5A(e). Not later than 14 days after used by the public housing agency for a funds to qualified public housing agencies the date of receipt by the public housing dwelling unit of the same size; or through a national competition. agency of notice of a failure described in sub- ‘‘(bb) 75 percent of the applicable fair mar- ‘‘(viii) DEFINITIONS.—In this subpara- paragraph (A)(i), that public housing agency ket rental. graph— shall provide a copy of such notice to all ‘‘(V) EXCEPTION.—The Secretary is author- ‘‘(I) the term ‘substantial rehabilitation’ members of its resident advisory board or ized to approve an exception to the 75 per- means rehabilitation expenditures paid or boards. cent limitation in subclause (IV) for not incurred with respect to a unit, including its ‘‘(C) UTILIZATION RATE DETERMINATION.— more than 2 percent of the total number of prorated share of work on common areas or ‘‘(i) IN GENERAL.—At the request of a public vouchers funded under this subsection, not systems, of at least $25,000, which amount housing agency, the Secretary shall deter- to exceed 90 percent of the payment standard shall be increased annually by the Secretary mine the voucher utilization rate of the pub- or applicable fair market rental, if the per- to reflect inflation, and such increased lic housing agency for use under subpara- mitted maximum rent could not otherwise amount shall be published in the Federal graph (A), based on data regarding the utili- support the reasonable operating cost of Register; and zation of vouchers from the period beginning rental housing, and the public housing agen- ‘‘(II) the term ‘extremely low-income fami- 6 months prior to the request of the public cy can demonstrate a need for production or lies’ means persons and families (as that housing agency. preservation of affordable housing. term is defined in section 3(b)(3)) whose in- ‘‘(ii) ELIGIBILITY OF A PHA TO REQUEST A ‘‘(vi) RENEWAL OF ASSISTANCE.— comes do not exceed— NEW SURVEY OF FAIR MARKET RENTS.—If a ‘‘(I) IN GENERAL.—The Secretary shall in- ‘‘(aa) 30 percent of the area median income, public housing agency requests, within 60 crease the adjusted allocation baseline for as determined by the Secretary with adjust- days of receipt of the written notice by the renewal of funding under subsection (dd) for ments for smaller and larger families and for Secretary of a failure described in subpara- public housing agencies that attach assist- unusually high or low family incomes; or graph (A)(i), that the Secretary conduct a ance under this paragraph to a structure. ‘‘(bb) 30 percent of the national nonmetro- further survey of market rents in the area to ‘‘(II) INCREASE EQUIVALENT.—An increase politan median income, if it is higher than determine the accuracy of the applicable fair under subclause (I) shall equal the number of the area median income.’’. market rent or the need for an exception additional families that a public housing (b) EFFECTIVE DATE.— payment standard, and the Secretary deter- agency can assist as a result of the reduced (1) IN GENERAL.—This section and the mines as a result of such survey to increase payments permitted under this paragraph. amendments made by this section shall take the fair market rent or payment standard,

VerDate Sep 04 2002 05:00 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.068 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8925 the written notice shall be considered null that has not led to an overconcentration of vouchers reallocated pursuant to this sub- and void. Whether a public housing agency tenant-based subsidy holders in certain section, the Secretary shall enter into a con- complies with the standard under subpara- areas; tract with the designated administrator for graph (A)(i) shall be determined based on the ‘‘(bb) whether the entity has the adminis- the reallocated vouchers.’’. first complete fiscal year in which the agen- trative capacity to administer the number of (b) RULES OF THE SECRETARY.—The Sec- cy has the opportunity to use the increased additional vouchers it is likely to receive if retary shall promulgate rules to carry out fair market rent or approved exception pay- it is selected as a metropolitan adminis- this section not later than 6 months after ment standard. To be eligible to request a trator and to serve the geographic area the date of enactment of this Act. rent survey under this clause, a public hous- served by agencies from which vouchers are SEC. 203. DISPOSITION OF HUD-HELD AND HUD- ing agency must use the maximum allowable reallocated; OWNED MULTIFAMILY PROJECTS. payment standard for that area for a period ‘‘(cc) the relative need for assistance under Notwithstanding any other provision of of not less than 6 months prior to such re- subsection (o) of the eligible population not law, the Secretary of Housing and Urban De- quest. receiving housing assistance in the area cur- velopment shall maintain any rental assist- ‘‘(D) DETERMINATION OF INEFFECTIVE PER- rently served by the entity; and ance payments attached to any dwelling FORMANCE.—A reallocation of chronically un- ‘‘(dd) any other criteria for choosing a units under section 8 of the United States utilized vouchers under this subsection shall metropolitan administrator that the Sec- Housing Act of 1937 for all multifamily prop- be deemed to be a determination that the retary determines to be appropriate. erties owned by the Secretary and multi- agency is not performing effectively under ‘‘(C) NONMETROPOLITAN AREA.— family properties held by the Secretary for section 3(b)(6)(B)(iii). ‘‘(i) IN GENERAL.—If vouchers are reallo- purposes of management and disposition of ‘‘(3) REALLOCATION.— cated pursuant to this subsection from a such properties. To the extent, the Secretary ‘‘(A) IN GENERAL.—The Secretary shall al- public housing agency that is located in a determines that a multifamily property locate the contracts for the vouchers made nonmetropolitan area, the Secretary shall owned by the Secretary or held by the Sec- available by the reduction in baseline au- reallocate such authority to a public housing retary is not feasible for continued rental as- thority authorized under paragraph (2) in a agency or other eligible administrator as sistance payments under section 8, the Sec- manner that ensures that applicants on the specified in subparagraph (B)(iii). The Sec- retary may, in consultation with the tenants waiting list of the public housing agency retary may designate an entity to receive of that property, contract for project-based from which vouchers are reallocated may vouchers reallocated from all or a portion of rental assistance payments with an owner or continue to be served, consistent with this the nonmetropolitan area in a State. owners of other existing housing properties. paragraph. ‘‘(ii) SELECTION.—In selecting an entity to TITLE III—PUBLIC HOUSING LOAN ‘‘(B) METROPOLITAN AREA.— receive vouchers reallocated from a non- ‘‘(i) DESIGNATION OF METROPOLITAN ADMIN- metropolitan area, the Secretary shall uti- GUARANTEE PROGRAM ISTRATOR.—If vouchers are reallocated from lize the preferences and criteria in subpara- SEC. 301. PUBLIC HOUSING LOAN GUARANTEE a public housing agency located in a metro- graph (B)(iv), and shall consider the relative PROGRAM. politan area, the Secretary shall, based on a administrative costs likely to be incurred to (a) Section 9 of the United States Housing public competitive process, designate a met- serve families that reside in the geographic Act of 1937 is amended by inserting at the ropolitan administrator for all or a portion area of the agency from which the vouchers end the following new subsection: of the metropolitan statistical area in which were reallocated. ‘‘(o) LOAN GUARANTEE DEVELOPMENT FUND- that public housing agency is located, in a ‘‘(D) DESIGNATION OF A NEW ADMINIS- ING.—(1) In order to facilitate the financing manner consistent with clause (iv). TRATOR.—If, at any time, the Secretary de- of the rehabilitation and development needs ‘‘(ii) DISTRIBUTION OF VOUCHERS.—A metro- termines that the criteria established under of public housing, the Secretary is author- politan administrator designated under this paragraph for a metropolitan or non- ized, upon such terms and conditions as the clause (i) shall receive all vouchers in that metropolitan administrator are not met, the Secretary may prescribe, to guarantee and administrator’s region made available pursu- Secretary shall designate another adminis- make commitments to guarantee, only to ant to paragraph (2). trator. the extent or in such amounts as the pro- ‘‘(iii) ELIGIBLE ADMINISTRATORS.—The Sec- ‘‘(E) ADDITIONAL VOUCHERS.—The Secretary vided in appropriations Acts, loans or other retary may select as a metropolitan admin- shall ensure that certain criteria or bench- financial obligations entered between finan- istrator an agency— marks regarding voucher success rates and cial institutions and public housing agencies, ‘‘(I) that— concentration of voucher holders are met for the purpose of financing the rehabilita- ‘‘(aa) currently administers a voucher pro- each year before providing an administrator tion of a portion of public housing or the de- gram serving residents of the geographic with additional vouchers. velopment off-site of public housing in mixed area served by the agency whose voucher al- ‘‘(F) LACK OF ELIGIBLE FAMILIES.—If the income developments (including demolition location has been reduced; Secretary determines that the primary cause costs of the public housing units to be re- ‘‘(bb) has the legal ability to serve such of voucher underutilization by a public hous- placed), provided that the number of public area; or ing agency under paragraph (2)(A) is a lack housing units developed off-site replaces no ‘‘(cc) has an agreement with the Secretary of eligible families in the area of operation less than an equal number of on-site public to serve such area pursuant to section of the public housing agency, the Secretary housing units in a project. Loans or other ob- 3(b)(6)(B)(iii); and may establish criteria and procedures to re- ligations guaranteed pursuant to this sub- ‘‘(II) that is— section shall be in such form and denomina- ‘‘(aa) a public housing agency that admin- allocate vouchers from that agency to an- tions, have such maturities, and be subject isters a voucher program; other public housing agency or another met- ‘‘(bb) a State or local agency that has ex- ropolitan or nonmetropolitan administrator to such conditions as may be prescribed by perience in administering tenant-based as- outside of the area of operation of the public regulations issued by the Secretary. ‘‘(2) Subject to the availability of appro- sistance programs; or housing agency. First priority for vouchers ‘‘(cc) a nonprofit or for-profit agency that reallocated under this subparagraph shall be priated funds, the Secretary may not object has experience in administering tenant- given to an entity that has previously volun- to making a loan guarantee under this sub- based assistance programs. tarily relinquished to the Secretary a por- section unless the rehabilitation or replace- ‘‘(iv) SELECTION PROCESS.— tion of its allocated voucher budget author- ment housing proposed by a public housing ‘‘(I) PREFERENCE FOR CERTAIN PUBLIC HOUS- ity and has subsequently demonstrated a agency is inconsistent with its Public Hous- ING AGENCIES.—The Secretary may give pref- need for, and an ability to use, such budget ing Agency Plan, as submitted under section erence in a competitive selection to a public authority under criteria established by the 5A, or the proposed terms of the guaranteed housing agency described in clause Secretary. Second priority shall be given to loan constitutes an unacceptable financial (iii)(II)(aa) over other eligible administra- an entity that serves a jurisdiction in the risk to the public housing agency or for re- tors described in items (bb) and (cc) of that same State as the agency from which vouch- payment of the loan under this subsection. clause (iii)(II), if the public housing agency— ers are being reallocated. ‘‘(3) Notwithstanding any other provision ‘‘(aa) is a well-managed agency, based on ‘‘(4) SPECIAL POPULATIONS.—Vouchers that of this title, funding allocated to a public objective indicators, including a high rate of have been designated by the Secretary to be housing agency under subsections (d)(2) and utilization of allocated vouchers or con- used by special populations shall— (e)(2) of this section for the capital and oper- tracted budget authority provided under this ‘‘(A) retain such designation on realloca- ating funds are authorized for use in the pay- section, and a high rate of compliance with tion; and ment of the principal and interest due (in- eligibility and rent determination require- ‘‘(B) be reallocated, if there is an eligible cluding such servicing, underwriting or other ments; and applicant within the State or area that has costs as may be specified in the regulations ‘‘(bb) has demonstrated an ability to in- experience administering a voucher program of the secretary) on the loans or other obli- crease the number of voucher holders resid- for a special population, in accordance with gations guaranteed pursuant to this sub- ing in low poverty areas. paragraphs (2) and (3). section. ‘‘(II) SELECTION CRITERIA.—In selecting a ‘‘(5) PROMPT REALLOCATION.—Within 60 ‘‘(4) The amount of any loan or other obli- metropolitan administrator, the Secretary days of reducing a public housing agency’s gation guaranteed under this subsection shall take into account— allocation of vouchers pursuant to paragraph shall not exceed in total the pro-rata amount ‘‘(aa) whether the entity has operated ten- (2) in an area for which the Secretary has of funds that would be allocated over a pe- ant-based assistance programs in a manner designated an administrator to receive riod not to exceed 30 years under subsections

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.073 S19PT1 S8926 CONGRESSIONAL RECORD — SENATE September 19, 2002 (d)(2) and (e)(2) of this section on a per unit (2) RULES.—The Secretary shall promul- time of the update, including any basis as a percentage of the number of units gate rules, as may be necessary, to carry out changes or relevant developments re- that are designated to be rehabilitated or re- section 8(o)(13) of the United States Housing lating to the battlefields during that placed under this subsection by a public Act of 1937, as amended by this Act, and shall period. housing agency as compared to the total publish— In my view, this legislation rep- number of units in the public housing devel- (A) either proposed rules or interim rules opment, as determined on the basis of funds not later than 6 months after the date of en- resents an important opportunity to made available under such subsections (d)(2) actment of this Act; and maintain and preserve tangible links to and (e)(2) in the previous year. Any reduc- (B) final rules not later than 1 year after our past so that future generations tion in the total amount of funds provided to the date of enactment of this Act. may experience firsthand this most a public housing agency under this section in critical period in our nation’s history. subsequent years shall not reduce the By Mr. SARBANES (for himself, I ask unanimous consent that the amount of funds to be paid under a loan Mr. JEFFORDS, and Mr. SES- text of the bill be printed in the guaranteed under this subsection but instead SIONS): RECORD. I urge my colleagues to join shall reduce the capital and operating funds S. 2968. A bill to amend the American with me in supporting this important which are available for the other housing legislation. units in the public housing development in Battlefield Protection act of 1996 to au- that fiscal year. Any additional income, in- thorize the Secretary of the Interior to There being no objection, the bill was cluding the receipt of rental income from establish a battlefield acquisition ordered to be printed in the RECORD, as tenants, generated by the rehabilitated or grant program; to the Committee on follows: replaced units may be used to establish a Energy and Natural Resources. S. 2968 loan loss reserve for the public housing agen- Mr. SARBANES. Madam President, Be it enacted by the Senate and House of Rep- cy to assist in the repayment of the guaran- today I am introducing legislation, to- resentatives of the United States of America in teed loans or other obligations under this gether with my colleagues Senator Congress assembled, subsection or to address any shortfall in the SECTION 1. SHORT TITLE. JEFFORDS and Senator SESSIONS, which operating or capital needs of the public hous- This Act may be cited as the ‘‘Civil War ing agency in any fiscal year. The Secretary will help preserve significant sites as- Battlefield Preservation Act of 2002’’. may require the payment of guaranteed loan sociated with the Civil War. A similar SEC. 2. FINDINGS AND PURPOSES. premiums by a public housing agency to sup- companion bill has been introduced and (a) FINDINGS.—Congress finds that— port the creation of a loan loss reserve ac- has bipartisan support in the House of (1) Civil War battlefields provide a means count within the Department of Housing and Representatives. for the people of the United States to under- Urban Development to minimize the risk of According to the Report on the Na- stand a tragic period in the history of the loss associated with the repayment of these tion’s Civil War Battlefields, prepared United States; and guaranteed loans. (2) according to the Report on the Nation’s ‘‘(5) Subject to appropriations, the Sec- by the Civil War Sites Advisory Com- Civil War Battlefields, prepared by the Civil retary may use funds from the Public Hous- mission, CWSAC, in July, 1993, of the War Sites Advisory Commission, and dated ing Capital Fund to (A) establish a loan loss 384 principal Civil War battlefields, less July 1993, of the 384 principal Civil War bat- reserve account within the Department of than 20 percent have been protected for tlefields— Housing and Urban Development to mini- posterity and 60 percent have been lost (A) almost 20 percent are lost or frag- mize the risk of loss associated with the re- or are in imminent danger of being mented; payment of guaranteed loans made under fragmented by development and lost as (B) 17 percent are in poor condition; and this subsection, or (B) make grants to a pub- coherent historic sites. To adequately (C) 60 percent— lic housing agency for capital investment (i) have been lost; or needs or for the creation of a loan loss re- address this problem, CWSAC rec- (ii) are in imminent danger of being— serve account to be used in conjunction with ommended a federal investment of $10 (I) fragmented by development; and a loan guarantee made under this subsection million a year for seven years with a (II) lost as coherent historic sites. for the rehabilitation of a portion of public one-to-one Federal/non-Federal match. (b) PURPOSES.—The purposes of this Act housing or the development off-site of public While Congress has yet to fund Civil are— housing in mixed income developments (in- War battlefield preservation at the lev- (1) to act quickly and proactively to preserve and protect nationally significant Civil cluding demolition costs of the public hous- els recommended in the 1993 report, in ing units to be replaced). War battlefields through conservation ease- ‘‘(6) To assure the repayment of loans or recent years it has taken important ments and fee-simple purchases of those bat- other obligations and charges incurred under steps to preserve our Civil War herit- tlefields from willing sellers; and this subsection and as a condition for receiv- age. In Fiscal Years 1999 and 2002, the (2) to create partnerships among State and ing such guarantees, the Secretary shall re- Congress appropriated a total of $19 local governments, regional entities, and the quire the public housing agency to enter into million in matching grants for battle- private sector to preserve, conserve, and en- a contract, in a form acceptable to the Sec- field protection. Thus far, these grants hance nationally significant Civil War battlefields. retary, for the repayment of notes or other have preserved over 7,000 acres of key SEC. 3. BATTLEFIELD ACQUISITION GRANT PRO- obligations guaranteed under this subsection Civil War battlefields in 11 States. and furnish, at the discretion of the Sec- GRAM. retary, such security as may be deemed ap- The legislation I am introducing The American Battlefield Protection Act propriate by the Secretary in making such today seeks to build upon these suc- of 1996 (16 U.S.C. 469k) is amended— guarantees. cesses by directing the Secretary of the (1) by redesignating subsection (d) as para- ‘‘(7) The full faith and credit of the United Interior to establish the Civil War Bat- graph (3) of subsection (c), and indenting ap- States is pledged to the payment of all guar- tlefield Acquisition Grant Program. propriately; antees under this subsection. Any such guar- The bill authorizes Civil War battle- (2) in paragraph (3) of subsection (c) (as redesignated by paragraph (1))— antee made by the Secretary shall be conclu- field acquisition matching grants of $10 sive evidence of the eligibility of the obliga- (A) by striking ‘‘APPROPRIATIONS’’ and in- tions for such guarantee with respect to million per year for Fiscal Years 2004 serting ‘‘APPROPRIATIONS’’; and principal and interest, and the validity of through 2008. The legislation requires a (B) by striking ‘‘section’’ and inserting such guarantee so made shall be incontest- non-Federal share of at least 50 per- ‘‘subsection’’; able in the hand of the holder of the guaran- cent, thus leveraging $20 million annu- (3) by inserting after subsection (c) the fol- teed obligations. ally. State and local governments and lowing: ‘‘(8) The Secretary may, to the extent ap- non-profit organizations will be eligi- ‘‘(d) BATTLEFIELD ACQUISITION GRANT PRO- GRAM.— proved in appropriations Acts, assist in the ble to receive grants under the pro- payment of all or a portion of the principal ‘‘(1) DEFINITIONS.—In this subsection: and interest amount due under the note or gram. All lands acquired by these ‘‘(A) BATTLEFIELD REPORT.—The term ‘Bat- other obligation guaranteed under this sub- grants must be identified in the 1993 re- tlefield Report’ means the document entitled section, if the Secretary determines that the port and may only be purchased from ‘Report on the Nation’s Civil War Battle- public housing agency is unable to pay the landowners who voluntarily sell their fields’, prepared by the Civil War Sites Advi- amount it owes because of circumstances of interests. sory Commission, and dated July 1993. extreme hardship beyond the control of the The legislation also directs the Sec- ‘‘(B) ELIGIBLE ENTITY.—The term ‘eligible public housing agency.’’. retary to update the Report on the Na- entity’ means a State or local government. (b) EFFECTIVE DATE.— ‘‘(C) ELIGIBLE SITE.—The term ‘eligible (1) IN GENERAL.—This section and the tion’s Civil War Battlefields to reflect site’ means a site— amendments made by this section shall take the activities carried out on the battle- ‘‘(i) that is not within the exterior bound- effect upon the date of enactment of this fields during the period between origi- aries of a unit of the National Park System; Act. nal publication of the report and the and

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.077 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8927 ‘‘(ii) that is identified in the Battlefield and Human Services that integrates Services to evaluate alternative risk Report. services under Medicare and Medicaid adjustment methods that account for ‘‘(D) SECRETARY.—The term ‘Secretary’ capitated financing arrangements. the higher costs borne by plans with a means the Secretary of the Interior, acting These programs provide beneficiaries disproportionate number of high cost through the American Battlefield Protection Program. with a comprehensive benefit package beneficiaries. ‘‘(2) ESTABLISHMENT.—The Secretary shall that combines the services tradition- During this study, it will also imple- establish a battlefield acquisition grant pro- ally provided by Medicare, Medicaid, ment the recommendations of the gram under which the Secretary may provide and home and community based wavier Medicare Payment Advisory Commis- grants to eligible entities to pay the Federal programs. sion by permitting these plans that share of the cost of acquiring interests in eli- In my home State of Wisconsin, the currently operate under demonstration gible sites for the preservation and protec- Wisconsin Partnership Program, WPP, authority to maintain existing pay- tion of those eligible sites. is one such success, a community-based ment formulas until the Secretary de- ‘‘(3) NONPROFIT PARTNERS.—An eligible en- program that has improved the qual- tity may acquire an interest in an eligible vises a risk adjustment method that site using a grant under this subsection in ity, access, and cost-effectiveness of pays adequately for high risk enrollees. partnership with a nonprofit organization. the care delivered to its beneficiaries. At the same time, it would also direct ‘‘(4) NON-FEDERAL SHARE.—The non-Federal Perhaps most important to the bene- MedPAC to evaluate appropriate meth- share of the total cost of acquiring an inter- ficiaries, these programs help the dis- ods to adjust payment rates based on est in an eligible site under this subsection abled and the frail elderly remain in the makeup of the beneficiaries. shall be not less than 50 percent. their own community, and avoid insti- Finally, my legislation would also ‘‘(5) LIMITATION ON LAND USE.—An interest tutionalized care. Wisconsin is lucky to authorize the Secretary to conduct a in an eligible site acquired under this sub- have four such programs across our section shall be subject to section 6(f)(3) of demonstration to enhance care and im- the Land and Water Conservation Fund Act State: Elder Care and Community Liv- prove outcomes for frail, vulnerable of 1965 (16 U.S.C. 460l–8(f)(3)). ing Alliance of Dane County, Commu- Medicare beneficiaries. ‘‘(6) REPORTS.— nity Care for the Elderly of Milwaukee I would also like to make clear that ‘‘(A) IN GENERAL.—Not later than 5 years County, and Community Health Part- this legislation uses existing funds to after the date of enactment of this subpara- nership of Eau Claire, Dunn, and Chip- pay for these initiatives, and is thus graph, the Secretary shall submit to Con- pewa Counties. budget neutral. It authorizes the dem- gress a report on the activities carried out In order to qualify for these pro- onstration program within existing under this subsection. grams, a person must be Medicaid-eli- dollars and would also provide addi- ‘‘(B) UPDATE OF BATTLEFIELD REPORT.—Not later than 2 years after the date of enact- gible, have physical disabilities or tional funding for the frailty adjustment of this subsection, the Secretary shall frailties of aging, and require a level of ment with existing Medicare+Choice submit to Congress a report that updates the care provided by nursing homes. dollars. Battlefield Report to reflect— Through programs such as the Wis- Fundamental long-term care reform ‘‘(i) preservation activities carried out at consin Partnership Program, these is vital to any health care reform that the 384 battlefields during the period be- frail elderly and disabled beneficiaries Congress may consider. As part of tween publication of the Battlefield Report are able to receive quality preventive these reforms, we must support state and the update; care up front, which allows more bene- and local efforts to encourage care for ‘‘(ii) changes in the condition of the battlefields during that period; and ficiaries to stay in their communities the most vulnerable populations. We ‘‘(iii) any other relevant developments re- and reduces the rate of hospitalization. must provide our seniors and disabled lating to the battlefields during that period. In Wisconsin, about 26 percent of all with real choices. They are entitled to ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— Medicaid recipients age 65 or older are the opportunity to continue to live in ‘‘(A) IN GENERAL.—There is authorized to in nursing homes. This rate drops dra- the homes and communities that they be appropriated to the Secretary from the matically for those enrolled in the Wis- helped build and sustain. I urge my col- Land and Water Conservation Fund to pro- consin Partnership Program, where leagues to support this measure that vide grants under this subsection $10,000,000 only 5.9 percent of recipients age 65 or will help provide a measure of support for each of fiscal years 2004 through 2008. older are in nursing homes. for the most frail elderly and disabled ‘‘(B) UPDATE OF BATTLEFIELD REPORT.— While the Wisconsin Partnership Pro- There is authorized to be appropriated to the to allow them to stay in their own Secretary to carry out paragraph (6)(B) gram is a success, we must ensure that homes. $500,000.’’; and the Federal Government continues to (4) in subsection (e)— support these State-based solutions to By Mr. BINGAMAN: (A) in paragraph (1), by striking ‘‘as of’’ our long-term care needs and other spe- S. 2971. A bill to amend the Transpor- and all that follows through the period and cialty managed care programs that tation Equity Act for the 21st Century inserting ‘‘on September 30, 2008.’’; and focus on frail, chronically-ill seniors. to provide the Highway Trust Fund ad- (B) in paragraph (2), by inserting ‘‘and pro- The current formula used to cover ditional funding for Indian reservation vide battlefields acquisition grants’’ after those enrolled in Medicare managed roads, and for other purposes; to the ‘‘studies’’. care programs overpays for healthy Committee on Indian Affairs. By Mr. FEINGOLD: beneficiaries and underpays for the Mr. BINGAMAN. Mr. President, I am S. 2970. A bill to amend the XVIII of frail elderly and disabled. This pay- very pleased today to introduce the the Social Security act to assure fair ment method creates a backwards in- Tribal Transportation Program Im- and adequate payment for high-risk centive for plans to avoid serving the provement Act of 2002. The goal of this medicare beneficiaries and to establish most vulnerable segment of the Medi- legislation is to help provide safe and payment incentives and to evaluate care population, the very seniors who efficient transportation throughout In- clinical methods for assuring quality could benefit most from program such dian country. At the same time, this services to people with serious and disas the Wisconsin Partnership Program. bill will help promote economic devel- abling chronic conditions; to the Com- While a number of steps have been opment, self-determination, and em- mittee on Finance. taken to improve these payment meth- ployment of Indians and Alaska Na- Mr. FEINGOLD. Madam President, I ods over the past four years, we must tives. I believe the Federal Govern- rise today to introduce the Promoting ensure that they meet the needs of ment has an obligation to provide safe Care for the Frail Elderly Act of 2002, Medicare beneficiaries with complex and efficient transportation for all which is of critical importance to the care needs. tribes. Indians pay the same Federal most vulnerable Medicare bene- This legislation will help develop an gasoline, tire, and other taxes, as all ficiaries, disabled seniors and those appropriate incentive for specialty other Americans and are entitled to with complex medical conditions. managed care programs serving a dis- the same quality of transportation. A number of States have successfully proportionate number of frail, medi- This bill is a 6-year reauthorization chosen to serve seniors and the dis- cally complex beneficiaries. My legisla- and improvement of the Indian Res- abled by combining Medicare and Med- tion will take several steps toward ervation Roads program, which funds icaid services through a waiver ap- meeting this goal. First it will require transportation programs for all tribes. proved by the Department of Health the Center for Medicare and Medicaid Next year, Congress must reauthorize

VerDate Sep 04 2002 05:07 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.051 S19PT1 S8928 CONGRESSIONAL RECORD — SENATE September 19, 2002 the IRR program, along with all other mula. This formula reflects the cost to the Navajo Nation. I think most sen- transportation programs in TEA–21. I improve eligible roads, road usage, and ators know that Navajo is the largest am introducing the bill today as a first population of each tribe. Some modi- federally recognized Indian tribe. The step in that process. fications to the formula are currently current membership is about 280,000. Congress has long recognized the im- being made as part of a negotiated rule By itself, Navajo represents about one portance of improving transportation making. quarter of the entire Indian Reserva- and access to tribal lands. The Indian I hope all Senators recognize the tion Roads program. Reservation Roads Program was estab- broad scope of the IRR program and its The Navajo Reservation covers 17.1 lished in 1928, and in 1946 the BIA and impact on 33 of the 50 States. I’d like million acres in the States of Arizona, the FHWA executed the first memo- to read a list of the fiscal year 2002 dis- New Mexico, and Utah. It is roughly randum of agreement for joint admin- tribution of IRR funding in the States the size of the State of West Virginia. istration of the program. Since 1982, that have tribal roads and ask unani- The reservation includes the three sat- funding for tribal transportation pro- mous consent that the table be printed ellite communities of Alamo, Ramah, grams as been provided from the Fed- in the RECORD. and To’hajiilee in New Mexico. eral Highway Trust Fund. Major There being no objection, the table According to BIA, the Navajo IRR changes to the program were again was ordered to be printed in the system includes 9,800 miles of public made in 1998 as part of TEA–21. RECORD, as follows: roads, or about 20 percent of all IRR Today, the Indian Reservation Roads roads. However, 78 percent of the roads program serves more than 560 federally EXHIBIT 1.—APPROXIMATE DISTRIBUTION OF FISCAL YEAR 2002 INDIAN RESERVATION ROAD FUNDING within Navajo are unpaved. Because of recognized Indian tribes and Alaskan the nature of the soil and terrain, native villages in 33 States. The IRR State Funding to many of the unpaved roads are impass- system comprises 25,700 miles of BIA tribes able after snow or rain. Navajo esti- and tribally owned roads and another Arizona ...... $56,100,000 mates a current backlog of road con- 25,600 miles of State, county, and local Oklahoma ...... 34,000,000 New Mexico ...... 31,900,000 struction projects totaling $2 billion. government public roads. There are Alaska ...... 18,500,000 The safety of bridges is also a con- also 4,115 bridges on the IRR system, Montana ...... 13,600,000 South Dakota ...... 11,700,000 tinuing concern on the Navajo reserva- and one ferryboat operation, the Washington ...... 10,100,000 tion. Of the 173 bridges on Navajo, 51 Inchelium-Gifford Ferry in Washington Wisconsin ...... 6,600,000 North Dakota ...... 6,500,000 are rated deficient. Of the deficient State. Minnesota ...... 5,780,000 bridges, 27 must be completely replaced Of the 25,700 miles of BIA and tribal California ...... 5,100,000 and the rest need major rehabilitation. roads on the IRR system, only about Oregon ...... 3,900,000 Utah ...... 2,970,000 The Navajo Nation also operates a one quarter are paved. Only about 40 Idaho ...... 2,850,000 transit system with 14 buses and three percent of the 25,600 miles of state, Wyoming ...... 2,070,000 Michigan ...... 1,560,000 vans. The system carries 75,000 pas- county, or local government IRR roads Nevada ...... 1,290,000 sengers each year. The system serves are paved. Together, over two-thirds of North Carolina ...... 1,190,000 Colorado ...... 1,100,000 both Navajo people as well as the near- all IRR roads are unpaved. Many of New York ...... 949,000 by communities of Gallup, Farm- these unpaved roads are not passable in Maine ...... 890,000 Kansas ...... 851,000 ington, Flagstaff, and Winslow. bad weather. In addition, about 140 of Mississippi ...... 706,000 the 753 bridges owned by the BIA are Nebraska ...... 626,000 Finally, the few roads that are being Florida ...... 550,000 built on the Navajo Reservation are currently rated as deficient. Texas ...... 220,000 Some of the roads on tribal lands re- Louisiana ...... 197,000 not being properly maintained. Fund- Rhode Island ...... 162,000 ing for road maintenance is not part of semble roads in third-world countries. Iowa ...... 126,000 In some cases, the roads are little more Alabama ...... 100,000 the IRR program. Instead road mainte- South Carolina ...... 89,000 nance is funded each year as part of the than wheel tracks. Even though the Connecticut ...... 83,000 IRR system perhaps the most rudi- Massachusetts ...... 47,000 BIA’s annual appropriation bill. Unfor- tunately, BIA’s budget lags woefully mentary of any transportation net- Source: BIA. Data are approximate because some reservations and roads work in the country, over 2 billion ve- extend into more than one state. behind the need for road maintenance. hicle miles are annually traveled on I know every senator is keenly aware Each year the Navajo Region of BIA re- the system. of the importance of transportation to quests about $32 million to maintain According to the Federal Highway the basic quality of life and economic about 6000 miles of roads, but receives Administration’s most recent assess- development of a region. Safe roads are only about $6 million, or about 20 per- ment of the Nation’s highways, essential for children to get to school, cent of the funds needed just to main- bridges, and transit, only 34 percent of for sick and elderly to receive basic tain the existing roads. paved IRR roads are rated in good con- health and medical treatment, and for The bill I am introducing today will dition, 37 percent are rated only fair, food and other necessities to move to begin to address this crushing need for and 29 percent are rated poor. Of shops and to consumers. Moreover, road construction and transit programs course, these ratings apply only to the transportation is critical to any com- throughout Indian Country. The bill paved roads on the IRR system, not the munity’s efforts to sustain robust will benefit all tribes, both large and 33,000 miles of dirt and gravel roads. economies and to attract new jobs and small. I’d like to briefly summarize the The poor road quality also has a seri- businesses. major provisions of the bill. ous impact on highway safety. Accord- Unfortunately, most tribes today First, the bill increases funding for ing to FHWA, the highway fatality lack the basic road systems that most the Indian Reservation Roads program rate on Indian Reservation Roads is of us take for granted. Indian commu- to $2.775 billion for the six years from four times above the national average. nities continue to lag behind the rest 2004 to 2009. Under TEA–21, the IRR Automobile accidents are the number of the Nation in quality of life and eco- program is currently authorized for one cause of death among young Amer- nomic vitality. Unemployment rates in $275 million per year. This level rep- ican Indians. Indian country frequently top 50 per- resents less than 1 percent of annual Reflecting the current poor state of cent and poverty rates often exceed 40 Federal funding for road construction roads throughout the Indian country, percent. and rehabilitation. However, the 50,000 FHWA now estimates the backlog of The limited availability of housing miles of the IRR system represent improvement needs for IRR roads at a and jobs on the reservation forces peo- about 5 percent of the nation’s 957,000 whopping $6.8 billion dollars. ple to commute long distances every- miles of Federal-aid-highways. I do be- This year, the authorized funding day for work, school, health care, basic lieve the substantial increase in IRR level for IRR is $275 million from the government services, shopping, or even funding in my bill is fully justified highway trust fund. As required in to obtain drinking water. based on the very poor condition of so TEA–21, the BIA distributes highway I’d now like to take a moment to dis- many IRR roads as well as the impor- funding to federally recognized tribes cuss the impact of the Indian Reserva- tance of transportation to economic each year using a relative need for- tion Roads Program on just one tribe, development in Indian country.

VerDate Sep 04 2002 05:07 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.097 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8929 Second, the bill removes the obliga- Finally, the bill increases funding for recreational, commercial and indus- tion limitation from the Indian Res- the successful school bus route mainte- trial users of roads and transit ervation Roads program. This funding nance program for counties in Arizona, throughout Indian country. For the limitation was first applied to the IRR New Mexico, and Utah that maintain tribes, transportation is an important program in 1998 in TEA–21, and over roads used by school buses on the Nav- contributor to economic development, the six years of TEA–21 the limitation ajo Reservation. The funding over six self-determination, and employment will have cut about $31 million per year years is $24 million. Without this fund- for all Indian communities. This bill in much-needed funding out of IRR. ing many of the children on the res- represents a very modest, but impor- The IRR was not subject to any obliga- ervation would often not be able to get tant step toward providing basic trans- tion limitation from 1983 to 1997, and to school. I ask unanimous consent portation services throughout Indian my bill restores the program to the that a letter from Gallup McKinley country. status it had before 1998. County Public Schools describing this The proposals in my bill are similar Third, the bill restores the Indian program be printed in the RECORD. to many of the recommendations pre- Reservation Bridge Program with sepa- There being no objection, the letter sented by Chairwoman Robyn Burdette rate funding of $90 million over six was ordered to be printed in the of the Summit Lake Paiute Tribe of years. TEA–21 had eliminated separate RECORD, as follows: Nevada at the August 8 hearing of the funding for the Indian reservation GALLUP MCKINLEY COUNTY Subcommittee on Transportation, In- bridge program in 1998. In addition, the PUBLIC SCHOOLS, frastructure, and Nuclear Safety of the bill streamlines the bridge program by Gallup, NM. Environment and Public Works Com- expanding the allowable uses of bridge Hon. JEFF BINGAMAN, mittee. In her testimony, Chairwoman funding to include planning, design, en- U.S. Senate, Burdette specifically cited the need to gineering, construction, and inspection Washington, DC. remove the obligation limitation, in- DEAR SENATOR BINGAMAN: The Gallup of Indian reservation road bridges. McKinley County Schools serve over 14 thou- crease funding for the IRR program, Fourth, the bill increases the current sand students, of which 10,040 are bussed create new programs for transit and limit for tribal transportation planning daily. Our District’s school buses travel 9,235 bridges, and increase funding for road from 2 percent to 4 percent. These miles daily. Several miles of these roads are maintenance in the Interior appropria- funds will be used by tribes to compile primitive dirt roads with poor or no drain- tions bill. All of these items are ad- important transportation data and to age, no guard rails, and some not main- dressed in my bill. forecast their future transportation tained. The inability to safely negotiate In addition, my bill parallels most of needs and long-range plans. Many of school buses over these roads during wet, the recommendations in the recent muddy and snowy conditions, greatly re- White Paper prepared by the National the tribes have indicated they cur- stricts our ability to provide adequate serv- rently don’t have funding for capacity ices for families living along these particular Congress of American Indians’ TEA–21 building, and the additional planning roadways. Continuing, and expanding, fund- Reauthorization Task Force. funds in my bill would address this ing for school bus route maintenance is vital I well appreciate that tribes in dif- need. to providing safe and efficient transportation ferent regions of the country may have Fifth, TEA–21 established a nego- for thousands of students throughout our different views and proposals on how tiated rule making for distribution of County. best to improve Indian transportation funds based on the relative needs of The School bus route maintenance pro- programs. I see my bill as just the first grams have helped tremendously. Our Coun- step in a yearlong process leading up to each tribe for transportation. To en- ty Roads Division (McKinley County) has sure the distribution is tied to actual been tremendous in maintaining hundreds of the reauthorization of the TEA–21. I do needs, my bill requires the Secretary of miles of bus route roads. The bus route im- believe it is important that we start Transportation to verify the existence provements made in the Bread Springs area the process as soon as possible, and of all roads that are part of the Indian have benefited families immensely. Along that is my goal in introducing this bill reservation road system. with graveling, they constructed a bus turn- today. I hope that Chairman INOUYE Sixth, I propose a new tribal transit around. Improvements have also been made and Senator CAMPBELL of the Com- program to provide direct funding to and maintained in other areas in our County mittee on Indian Affairs will soon hold tribes from the Federal Transit Admin- such as Rock Springs. This bus route was hearings on the reauthorization of the graveled along with a graveled bus turn- istration. The new program would par- around. In Rock Springs, Mexican Springs, Indian Reservation Roads Program. I allel the existing Indian Reservation Coyote Canyon, and County Road 1 areas, look forward to working with them an Roads program funded through FHWA. similar improvements were made, allowing the other members of the committee In general, while States may allocate us to provide safe and efficient services for on developing a consensus proposal to tribal areas some of their transit hundreds of families. that is fair to all tribes. funding under the existing formula The School bus route program is a very im- I ask unanimous consent that the grant programs for transit for elderly portant program, one that should continue text of the bill be printed in the and expand. The McKinley County Roads Di- and disabled, section 5210, and for non- RECORD. vision has worked diligently to provide safe There being no objection, the bill was urbanized areas, section 5311, they access and passage for our School District’s rarely do so. Because the tribes are at 160 school buses. Without the school bus ordered to be printed in the RECORD, as a disadvantage in having to compete route program, it will be impossible to main- follows: for funding within the states, I believe tain safe conditions on these roads. To in- S. 2971 we need a direct funding program to sure the safety of our school children and Be it enacted by the Senate and House of Rep- allow tribes to provide better transit families, the program must continue. resentatives of the United States of America in Your help in sponsoring bills in the past Congress assembled, services to young people, elderly, and which address the unique situations with re- others who lack access to private vehi- SECTION 1. SHORT TITLE. spect to school bus route roads have been This Act may be cited as the ‘‘Tribal cles. The bill sets aside a very modest greatly appreciated. Your continuing sup- level of funding of $120 million over six Transportation Program Improvement Act port of the school bus route program will en- of 2002’’. years for the new tribal transit pro- able our County Roads Division to improve SEC. 2. INDIAN RESERVATION ROADS. and maintain hundreds of miles of school bus gram. (a) AUTHORIZATION OF APPROPRIATIONS.— routes. Seventh, the bill states the sense of Section 1101(a)(8)(A) of the Transportation It is through these cooperative efforts that Congress that the BIA should have suf- Equity Act for the 21st Century (112 Stat. we are able to provide safe and efficient ficient funding to maintain all roads on 112) is amended by striking ‘‘of such title’’ transportation for thousands of school chil- and all that follows and inserting ‘‘of that the Indian Reservation Roads System. dren daily. Thank you for your continued ef- title— Federal funding for road maintenance forts. ‘‘(i) $225,000,000 for fiscal year 1998; is provided through the BIA’s annual Sincerely, ‘‘(ii) $275,000,000 for each of fiscal years 1999 appropriation bill. Road maintenance BEN CHAVEZ, through 2003; GMCS Support Services. has typically been funded at about $25 ‘‘(iii) $350,000,000 for fiscal year 2004; million per year, about one-fifth of the Mr. BINGAMAN. The IRR system ‘‘(iv) $425,000,000 for fiscal year 2005; and level needed to protect the Federal in- doesn’t just serve Indian communities, ‘‘(v) $500,000,000 for each of fiscal years 2006 vestment in IRR roads. but also visitors, including tourists, through 2009.’’.

VerDate Sep 04 2002 05:15 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.081 S19PT1 S8930 CONGRESSIONAL RECORD — SENATE September 19, 2002 (b) OBLIGATION CEILING.—Section 1102(c)(1) ‘‘(k) INDIAN RESERVATION RURAL TRANSIT This revelation and the possibility of of the Transportation Equity Act for the 21st PROGRAM.— other discrepancies is severely eroding Century (23 U.S.C. 104 note; 112 Stat. 116) is ‘‘(1) DEFINITION OF INDIAN TRIBE.—In this the credibility of NMFS’s stock assess- amended— subsection, the term ‘Indian tribe’ has the ments. These stock assessments form (1) by striking ‘‘distribute obligation’’ and meaning given the term in section 4 of the the foundation for all of our fisheries inserting the following: ‘‘distribute— Indian Self-Determination and Education ‘‘(A) obligation’’; Assistance Act (25 U.S.C. 450b). regulations and determine how many (2) by inserting ‘‘and’’ after the semicolon ‘‘(2) PROGRAM.— fish our fishermen can harvest. When at the end; and ‘‘(A) IN GENERAL.—The Secretary of Trans- these stock assessments are flawed and (3) by adding at the end the following: portation shall establish and carry out a pro- lack credibility, the entire process is ‘‘(B) for any fiscal year after fiscal year gram to provide competitive grants to Indian adversely affected. We must act now to 2003, any amount of obligation authority tribes to establish rural transit programs on restore this credibility in the process made available for Indian reservation road reservations or other land under the jurisdic- and ensure that our stock assessments bridges under section 202(d)(4), and for Indian tion of the Indian tribes. are as accurate as possible. reservation roads under section 204, of title ‘‘(B) AMOUNT OF GRANTS.—The amount of a My bill would require the National 23, United States Code;’’. grant provided to an Indian tribe under sub- Research Council to conduct an inde- (c) ADDITIONAL AUTHORIZATION OF CON- paragraph (A) shall be based on the need of TRACT AUTHORITY FOR STATES WITH INDIAN the Indian tribe, as determined by the Sec- pendent review of NMFS’ data collec- RESERVATIONS.—Section 1214(d)(5)(A) of the retary of Transportation. tion techniques; its protocols through Transportation Equity Act for the 21st Cen- ‘‘(3) FUNDING.—Notwithstanding any other which stock assessment equipment is tury (23 U.S.C. 202 note; 112 Stat. 206) is provision of law, for each fiscal year, of the calibrated, operated, inspected, and amended by inserting before the period at amount made available to carry out this sec- maintained; the frequency and finan- the end the following: ‘‘, $3,000,000 for each of tion under section 5338 for the fiscal year, cial cost of these quality control fiscal years 2004 and 2005, $4,000,000 for each the Secretary of Transportation shall use checks; how the accuracy and validity of fiscal years 2006 and 2007, and $5,000,000 for $20,000,000 to carry out this subsection.’’. of data collected with sampling equip- each of fiscal years 2008 and 2009’’. SEC. 4. SENSE OF CONGRESS REGARDING INDIAN (d) INDIAN RESERVATION ROAD BRIDGES.— ment is verified; and how measurement RESERVATION ROADS. error is accounted for in stock assess- Section 202(d)(4) of title 23, United States (a) FINDINGS.—Congress finds that— Code, is amended— (1) the maintenance of roads on Indian res- ment modeling and analysis based on (1) in subparagraph (B)— ervations is a responsibility of the Bureau of these data. The National Research (A) by striking ‘‘(B) RESERVATION.—Of the Indian Affairs; Council completed a report on the amounts’’ and all that follows through ‘‘to (2) amounts made available by the Federal Northeast Fishery stock assessment replace,’’ and inserting the following: Government as of the date of enactment of process in 1998, so this new study would ‘‘(B) FUNDING.— this Act for maintenance of roads on Indian build upon the previous one. This as- ‘‘(i) RESERVATION OF FUNDS.—Notwith- reservations under section 204(c) of title 23, sessment will provide us with an inde- standing any other provision of law, there is United States Code, comprise only 30 percent authorized to be appropriated from the High- pendent baseline to determine the ex- of the annual amount of funding needed for tent of NMFS’ data collection discrep- way Trust Fund $15,000,000 for each of fiscal maintenance of roads on Indian reservations years 2004 through 2009 to carry out plan- in the United States; and ancies. ning, design, engineering, construction, and (3) any amounts made available for con- Additionally, my bill will require inspection of projects to replace,’’; and struction of roads on Indian reservations will NMFS to implement a national cooper- (B) by adding at the end the following: be wasted if those roads are not properly ative research program to facilitate in- ‘‘(ii) AVAILABILITY.—Funds made available maintained. dustry involvement in data collection to carry out this subparagraph shall be (b) SENSE OF CONGRESS.—It is the sense of and stock assessments. I have also in- available for obligation in the same manner Congress that Congress should annually pro- cluded a section that authorizes $3 mil- as if the funds were apportioned under chap- vide to the Bureau of Indian Affairs such lion to enable cooperative comparative ter 1.’’; and funding as is necessary to carry out all (2) in subparagraph (D)— maintenance of roads on Indian reservations trawl research between the NMFS and (A) by striking ‘‘(D) APPROVAL REQUIRE- in the United States. fishing industry participants in the MENT.—’’ and inserting the following: Northeast multi-species groundfish ‘‘(D) APPROVAL AND NEED REQUIREMENTS.— By Mrs. SNOWE (for herself and fishery. The fishing industry has been ’’; and Ms. COLLINS): calling for a commercial vessel to (B) by striking ‘‘only on approval of the S. 2972. A bill to amend the Magnu- trawl alongside the NOAA’s vessels and plans, specifications, and estimates by the son-Stevens Fishery Conservation and this provision would require it. Noth- Secretary.’’ and inserting ‘‘only— Management Act to provide for a coop- ing will help restore NMFS’s credi- ‘‘(i) on approval by the Secretary of plans, specifications, and estimates relating to the erative research and management pro- bility more than having commercial projects; and gram, and for other purposes; to the fishermen verifying its data. ‘‘(ii) in amounts directly proportional to Committee on Commerce, Science, and The third section of this bill would the actual need of each Indian reservation, Transportation. address a flexibility concern for fish- as determined by the Secretary based on the Ms. SNOWE. Madam President, I rise eries management. Earlier this year number of deficient bridges on each reserva- today to introduce a bill which would NMFS came out with new biological tion and the projected cost of rehabilitation help restore credibility in the National targets for groundfish. In other words, of those bridges.’’. Oceanic and Atmospheric Administra- NMFS increased how many fish there (e) FAIR AND EQUITABLE DISTRIBUTION.— tion, NOAA, and the National Marine Section 202(d) of title 23, United States Code, have to be in order for the fishery to be is amended by adding at the end the fol- Fisheries Service’s, NMFS, data collec- considered recovered. The law is not lowing: tion programs and improve their coop- clear on whether or not a change in the ‘‘(5) FAIR AND EQUITABLE DISTRIBUTION.—To erative research and management pro- biological targets means the time-line ensure that the distribution of funds to an grams. for recovery changes as well. NMFS Indian tribe under this subsection is fair, eq- I am introducing this bill today be- has interpreted the law to mean that uitable, and based on valid transportation cause of recent events in New England despite a change in the biological tar- needs of the Indian tribe, the Secretary in which a commercial fisherman no- gets, the fish must be recovered in the shall— ticed that the trawl warps on the same amount of time. Accordingly, I ‘‘(A) verify the existence, as of the date of NOAA research vessel, Albatross IV, the distribution, of all roads that are part of have drafted language which allows, the Indian reservation road system; and were improperly marked. As a result of but does not require, the Secretary to ‘‘(B) distribute funds based only on those this mis-calibration, the groundfish adjust the time allowed for recovery if roads.’’. stock assessment data gathered since the biological targets have changed in (f) INDIAN RESERVATION ROADS PLANNING.— February 2000 may be inaccurate and the middle of the rebuilding plan. This Section 204(j) of title 23, United States Code, its usability for management purposes provision would clarify existing law is amended in the first sentence by striking is questionable. This fish-counting and make Congress’ intent clearer. ‘‘2 percent’’ and inserting ‘‘4 percent’’. error could not have come at a worse As Ranking Member of the Sub- SEC. 3. INDIAN RESERVATION RURAL TRANSIT time for NMFS, which is under a fed- PROGRAM. committee on Oceans, Atmosphere, and Section 5311 of title 49, United States Code, eral judge’s order to impose some of Fisheries, I am dedicated to ensuring is amended by adding at the end the fol- New England’s strictest fishing restric- that our stock assessments are as accu- lowing: tions by next August. rate as possible and the process we use

VerDate Sep 04 2002 05:22 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.084 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8931 is transparent to all the stakeholders. ‘‘(e) NEW ENGLAND TRAWL SURVEY.—Of the S. 2973 This bill will allow us to take a critical funds authorized in subsection (d) $3,000,000 Be it enacted by the Senate and House of Rep- step forward in ensuring that we can shall be authorized for the purpose of cooper- resentatives of the United States of America in ative comparative trawl research between Congress assembled, restore credibility and faith in this im- the National Marine Fisheries Service and portant process. I urge my colleagues SECTION 1. DESIGNATION. fishing industry participants for the North- The Federal building located at Fifth and to join me and support this bill. east multispecies groundfish fishery, which Richardson Avenues in Roswell, New Mexico, I ask unanimous consent that the the Secretary shall design and administer shall be known and designated as the ‘‘Joe text of the bill be printed in the with input from fishing industry partici- Skeen Federal Building’’. pants and other interested stakeholders.’’. RECORD. SEC. 2. REFERENCES. S. 2972 SEC. 4. REGULATORY FLEXIBILITY. Any reference in a law, map, regulation, Section 304(e)(4)(A)(ii) of the Magnuson- Be it enacted by the Senate and House of Rep- document, paper, or other record of the Stevens Fishery Conservation and Manage- United States to the Federal building re- resentatives of the United States of America in ment Act (16 U.S.C. 1854(e)(4)(A)(ii)) is Congress assembled, ferred to in section 1 shall be deemed to be amended to read as follows: a reference to the Joe Skeen Federal Build- SECTION 1. SHORT TITLE. ‘‘(ii) not exceed 10 years, except in the case ing. This Act may be cited as the ‘‘Fisheries where a rebuilding target is changed during SEC. 3. EFFECTIVE DATE. Research Improvement Act’’. the rebuilding period, the Council or the Sec- retary may extend the time period for the re- This Act shall take effect on January 1, SEC. 2. INDEPENDENT PEER REVIEW OF DATA 2003. COLLECTION PROCEDURES. building to accommodate the new target;’’. The Magnuson-Stevens Fishery Conserva- By Mr. BOND (for himself, Mr. tion and Management Act is amended by By Mr. DOMENICI (for himself DODD, Mr. FRIST, and Mr. KEN- adding at the end of Title IV the following: and Mr. BINGAMAN): S. 2973. A bill to designate the Fed- NEDY): ‘‘SEC. 408. PEER REVIEW. S. 2980. A bill to revise and extend ‘‘The National Academy of Sciences shall eral building located at Fifth and Rich- review and recommend measures for improv- ardson Avenues in Roswell, New Mex- the Birth Defects Prevention Act of ing National Marine Fisheries Service’s pro- ico, as the ‘‘Joe Skeen Federal Build- 1998; to the Committee on Health, Edu- cedures for ensuring data quality in the data ing’’; to the Committee on Environ- cation, Labor, and Pensions. collection phase of the stock assessment pro- ment and Public Works. Mr. BOND. Madam President, I rise gram. In this review, they shall address the Mr. DOMENICI. Madam President, I today to introduce the Birth Defects quality control protocols through which rise today to introduce a bill to rename and Developmental Disabilities Pre- stock assessment equipment is calibrated, the Federal courthouse in Roswell, vention Act of 2002. It is a pleasure to operated, inspected, and maintained; the fre- New Mexico for my longtime friend and work, once again, on this important quency and financial cost of these quality issue with Senators DODD, KENNEDY control checks; how the accuracy and valid- ally, Representative JOE SKEEN. I have had the highest honor of serv- and FRIST. ity of data collected with sampling equip- My interest in birth defects preven- ment is verified; and how measurement error ing the State of New Mexico with this is accounted for in stock assessment mod- amazing man for more than 20 years. tion began while I was Governor. As eling and analysis based on these data. This JOE was first elected to the House of Governor I had secured dollars to fund review shall apply to all activities that af- Representatives in 1980 as a write-in the neonate care units at our hospitals fect stock assessment data quality, whether candidate. He is only the third man in in Missouri. These remarkable institu- conducted by the National Marine Fisheries the history of this country to achieve tions and the dedicated men and Service or by National Marine Fisheries this feat. women who serve there do a tremen- Service contractors.’’. As great an accomplishment as this dous job of saving low birth weight ba- SEC. 3. COOPERATIVE RESEARCH AND MANAGE- was, history will show that it was bies and babies with severe birth de- MENT. among the least of his great achieve- fects. The Magnuson-Stevens Fishery Conserva- As I visited those hospitals and held tion and Management Act is amended by ments. As I’m sure you can imagine, adding at the end the following: the litany of successes that JOE has those tiny babies, the doctors and nurses who staffed these units asked ‘‘TITLE V—COOPERATIVE RESEARCH AND had in his work for New Mexico is MANAGEMENT much too long to go into here today. me, ‘‘Why don’t we do something to reduce the incidents of birth defects and ‘‘SEC. 501. ESTABLISHMENT OF PROGRAM. Suffice it to say that New Mexico is in- the problems that bring the tiniest of ‘‘(a) IN GENERAL.—The Secretary shall es- finitely better for having had JOE tablish a national cooperative research and SKEEN representing us in Congress; this infants to these very high-tech, spe- management program to be administered by country is better for having had JOE cialized care units.’’ the National Marine Fisheries Service, based participate in making decisions that Since I became a Senator I have been on recommendations by the Councils. The affect the entire nation. working with colleagues on both sides program shall consist of cooperative re- JOE will be the first to tell you that of the aisle and with the March of search and management activities between he has not done it on his own, however. Dimes to deal with this serious and fishing industry participants, the affected He has had a partner in his great ad- compelling health problem facing States, and the Service. venture who has walked beside him America. Many people are not aware ‘‘(b) RESEARCH AWARDS.—Each research that birth defects affect over 3 percent project under this program shall be awarded every step of the way. Mary, his wife of on a standard competitive basis established 57 years, has been a calming influence of all births in America, and they are by the Service, in consultation with the in the storm that is the life of a Con- the leading cause of infant death. Councils. Each Council shall establish a re- gressman. She has made it possible for This year alone, an estimated 150,000 search steering committee to carry out this JOE to continue to be a ranching Rep- babies will be born with a birth defect. subsection. resentative, running the family ranch Among the babies who survive, birth ‘‘(c) GUIDELINES.—The Secretary, in con- while JOE has served in Washington. defects often result in lifelong dis- sultation with the appropriate Council and JOE has decided that it is time to re- ability. Medical care, special edu- the fishing industry, shall create guidelines turn to that ranch to spend time with cation, and many other services are so that participants in this program are not often required into adulthood, costing penalized for loss of catch history or unex- the family and the land that he loves pended days-at-sea as part of a limited entry so much. I know that Washington will families thousands of dollars each year. system. go on without the Skeens but there is In 1992, due to a terrible tradegy in ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— no way that it will be as a good a place. Texas when at least 30 infants were There are authorized to be appropriated to It is only a small token of the appre- born without or with little brain tissue the National Marine Fisheries Service, in ad- ciation New Mexico and this country over a short period of time, I intro- dition to amounts otherwise authorized by have for his many years of service, but duced the Birth Defects Prevention this Act, the following amounts, to remain I believe that renaming the Federal Act. available until expended, for the conduct of Courthouse in Roswell, New Mexico is Because at the time Texas did not this program: a fitting tribute to this exceptional have a birth defects surveillance sys- ‘‘(1) $25,000,000 for fiscal year 2003. ‘‘(2) $30,000,000 for fiscal year 2004. public servant. tem, and because our country did not ‘‘(3) $35,000,000 for fiscal year 2005. I ask unanimous consent that the have a comprehensive birth defects ‘‘(4) $40,000,000 for fiscal year 2006. text of the bill be printed in the prevention and surveillance strategy, ‘‘(5) $45,000,000 for fiscal year 2007. RECORD. the severity of the problem was not

VerDate Sep 04 2002 05:15 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.101 S19PT1 S8932 CONGRESSIONAL RECORD — SENATE September 19, 2002 recognized until the incidence of birth the legislation we are introducing retirement literacy of mid-life and defects was so high that it was difficult today will strengthen those important older Americans and to reduce finan- to miss. programs. cial abuse and fraud among such Amer- In 1998, we passed the Birth Defects In order to educate health profes- icans, and for other purposes; to the Prevention Act, which created a fed- sionals and the general public, this leg- Committee on Health, Education, eral birth defects prevention and sur- islation requires NCBDD to provide in- Labor, and Pensions. veillance strategy. That was followed formation on the incidence and preva- Mr. CORZINE. Mr. President, I rise by the Children’s Health Act of 2000, lence of individuals living with birth today with my colleagues, Senators which established the National Center defects and disabilities, any health dis- FITZGERALD, SARBANES, and AKAKA to on Birth Defects and Developmental parities, experienced by such individ- introduce the Education for Retire- Disabilities at CDC. With these two im- uals, and recommendations for improv- ment Security Act of 2002. This bill portant pieces of legislation Congress ing the health and wellness and quality will provide access to badly needed fi- for the first time recognized that birth of life of such individuals. The Clear- nancial and retirement education for defect and developmental disabilities inghouse will also contain a summary millions of mid-life and older Ameri- are major threats to children’s health. of recommendations from all birth de- cans whose retirement security is at As a result, CDC, through eight re- fects research conferences sponsored by stake. gional Centers for Birth Defects Re- the agency including conferences re- Improving financial literacy has been a top priority for me in Congress. I be- search and Prevention are collabo- lated to spina bifida. rating on the largest study on the This legislation also clarifies advi- lieve it is a critical and complex task causes of birth defects ever under- sory committees, already in existence, for Americans of all ages, but it is es- taken, the National Birth Defects Pre- that have expertise in birth defects, de- pecially crucial for Americans as they approach retirement. In fact, low levels vention Study. CDC is also assisting 28 velopmental disabilities, and disabil- of savings and high levels of personal States by providing 3-year grants to ities and health will be transferred to and real estate debt are serious prob- improve their surveillance systems. We the National Center for Birth Defects. lems for many households nearing re- have come a long way in the past 5 This piece of legislation also supports tirement. Although today’s older years toward preventing certain birth a National Spina Bifida Program to Americans are generally thought to be defects, but we face many challenges prevent and reduce suffering from the doing well, nearly one-out-of five, 18 ahead. nation’s most common permanently percent, were living below 125 percent There is still much work to be done disabiling birth defect. of the poverty line in 1995, which was a to improve the health of all Americans I ask that this piece of important year of tremendous economic pros- by preventing birth defects and devel- legislation be reauthorized. I want to perity in our nation. And, only 53 per- opmental disabilities in children, pro- thank my colleagues, Senators BOND, cent of working Americans have any moting optimal child development and DODD, and others, for the introduction form of pension coverage. In addition, ensuring health and wellness among of this initial piece of legislation in financial exploitation is the largest child and adults living with disabil- 1998 and for their continued initiatives single category of abuse against older ities. on birth defects and developmental dis- individuals, and this population com- Today, with the introduction of this abilities. prises more than one-half of all tele- bill we have the opportunity to renew marketing victims in the United our commitment to birth defects pre- By Mr. VOINOVICH: S. 2981. A bill to exclude certain wire States. vention and to improve the quality of While education alone cannot solve life of those living with disabilities. I rods from the scope of any anti-dumping or countervailing duty order issued our Nation’s retirement woes, financial look forward to working with my col- education is vital to enabling individ- leagues to ensure and enhance the well- as a result of certain investigations relating to carbon and certain alloy steel uals to avoid scams and bad invest- being of our Nation’s children. ment, mortgage, and pension decisions, Mr. FRIST. Madam President, I am rods; to the Committee on Finance. Mr. VOINOVICH. Mr. President, I ask and to ensuring that they have access pleased to join Senators BOND and to the tools they need to make sound DODD in re-introducing the ‘‘Birth De- unanimous consent that the text of the bill be printed in the RECORD. financial decisions and prepare appro- fects and Developmental Disabilities priately for a secure future. Indeed, the Prevention Act of 2002’’. This bill reau- There being no objection, the bill was ordered to be printed in the RECORD, as more limited time frame that mid-life thorizes the National Center on Birth and older Americans have in which to Defects and Developmental Disabilities follows: S. 2981 assess the realities of their individual (NCBDD) at the Centers for Disease circumstances, recover from bad eco- Control and Prevention to promote op- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in nomic choices, and to benefit from timal fetal, infant, and child develop- more informed financial practices ment and prevent birth defects and Congress assembled, SECTION 1. EXCLUSION OF CERTAIN WIRE RODS make this education all the more crit- childhood developmental disabilities. FROM ANTIDUMPING AND COUNTER- ical. Financial literacy is also particu- Birth defects are the leading cause of VAILING DUTY ORDERS. larly important for older women, who infant mortality in the United States, (a) IN GENERAL.—Notwithstanding any are more likely to live in poverty and accounting for more than 20% of all in- other provision of law, any antidumping or be dependent upon Social Security. fant deaths. Of the 150,000 babies born countervailing duty order that is issued as a The Education for Retirement Secu- with a birth defect in the United States result of antidumping investigations A–351– rity Act would create a competitive each year, 8000 will die during their 832, A–122–840, A–428–832, A–560–815, A–201–830, A–841–805, A–274–804, and A–823–812, or coun- grant program that would provide re- first year of life. In addition, birth de- tervailing duty investigations C–351–833, C– sources to State and area agencies on fects are the fifth-leading cause of 122–841, C–428–833, C–274–805, and C–489–809, aging and nonprofit community based years of potential life lost and con- relating to carbon and certain alloy steel organizations to provide financial edu- tribute substantially to childhood mor- rods, shall not include wire rods that meet cation programs to mid-life and older bidity and long-term disability. the American Welding Society ER70S–6 clas- Americans. The goal of these programs Congress passed the ‘‘Birth Defects sification and are used to produce Mig Wire. is to enhance these individuals’ finan- Prevention Act in 1998’’—a bill to as- (b) EFFECTIVE DATE.—The amendment cial and retirement knowledge and resist States in developing, imple- made by subsection (a) applies with respect to goods entered, or withdrawn from ware- duce their vulnerability to financial menting, or expanding community- house for consumption, on or after the 15th abuse and fraud, including tele- based birth defects tracking systems, day after the date of enactment of this Act. marketing, mortgage, and pension programs to prevent birth defects, and fraud. activities to improve access to health By Mr. CORZINE (for himself, My legislation also authorizes the services for children with birth defects. Mr. FITZTGERALD, Mr. SAR- creation of a national technical assist- The authorization for this important BANES, and Mr. AKAKA): ance program that would designate at legislation for this important legisla- S. 2982. A bill to establish a grant least one national nonprofit organization expires at the end of this year, and program to enhance the financial and tion that has substantial experience in

VerDate Sep 04 2002 05:07 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.057 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8933 the field of financial education to pro- below 125 percent of the poverty line during SEC. 4. NATIONAL TRAINING AND TECHNICAL AS- vide training and make available in- a year of national prosperity, 1995. SISTANCE PROGRAM. structional materials and information (8) Over the next 30 years, the number of (a) AUTHORITY.—The Secretary is authorized to award a grant to 1 or more eligible that promotes financial education. older individuals in the United States is expected to double, from 35,000,000 to nearly entities to— Over the next thirty years, the per- 75,000,000, and long-term care costs are ex- (1) create and make available instructional centage of Americans aged 65 and older pected to skyrocket. materials and information that promote fi- is expected to double, from 35 million (9) Financial exploitation is the largest nancial education; and to nearly 75 million. Ensuring that single category of abuse against older indi- (2) provide training and other related as- these individuals are better prepared viduals and this population comprises more sistance regarding the establishment of fi- for retirement and are more informed than 1⁄2 of all telemarketing victims in the nancial education programs to eligible enti- about the economic decisions they face United States. ties awarded a grant under section 3. (b) ELIGIBLE ENTITIES.—An entity is eligi- during retirement will have an impor- (10) The Federal Trade Commission (FTC) Identity Theft Data Clearinghouse has re- ble to receive a grant under this section if tant impact on the long term economic ported that incidents of identity theft tar- such entity is a national nonprofit organiza- and social well-being of our nation. geting individuals over the age of 60 in- tion with substantial experience in the field I hope that as the Senate moves to creased from 1,821 victims in 2000 to 5,802 vic- of financial education. address pension reform, my colleagues tims in 2001, a threefold increase. (c) APPLICATION.—An eligible entity desir- will work to address the issues outlined SEC. 3. GRANT PROGRAM TO ENHANCE FINAN- ing a grant under this section shall submit in this legislation. The recent rash of CIAL AND RETIREMENT LITERACY an application to the Secretary in such form corporate and accounting scandals and AND REDUCE FINANCIAL ABUSE and containing such information as the Sec- AND FRAUD AMONG MID-LIFE AND retary may require. the declining stock market have jeop- OLDER AMERICANS. (d) BASIS AND TERM.—The Secretary shall ardized the retirement savings of mil- (a) AUTHORITY.—The Secretary is author- award a grant under this section on a com- lions of Americans, making the need ized to award grants to eligible entities to petitive, merit basis for a term of 5 years. provide financial education programs to mid- for financial literacy even more clear. SEC. 5. DEFINITIONS. life and older individuals who reside in local In closing, I would like to acknowl- In this Act: communities in order to— edge the expertise and assistance that (1) FINANCIAL EDUCATION.—The term ‘‘fi- (1) enhance financial and retirement nancial education’’ means education that AARP, the Older Women’s League, knowledge among such individuals; and promotes an understanding of consumer, eco- OWL, and the Women’s Institute for a (2) reduce financial abuse and fraud, in- nomic, and personal finance concepts, in- Secure Economic Retirement, WISER, cluding telemarketing, mortgage, and pen- cluding saving for retirement, long-term offered to me in drafting this legisla- sion fraud, among such individuals. care, and estate planning and education on (b) ELIGIBLE ENTITIES.—An entity is eligi- tion. predatory lending and financial abuse I also ask unanimous consent that ble to receive a grant under this section if such entity is— schemes. the text of my legislation be printed in ID-LIFE INDIVIDUAL.—The term ‘‘mid- (1) a State agency or area agency on aging; (2) M the RECORD. life individual’’ means an individual aged 45 or to 64 years. There being no objection, the bill was (2) a nonprofit organization with a proven (3) OLDER INDIVIDUAL.—The term ‘‘older in- ordered to be printed in the RECORD, as record of providing— dividual’’ means an individual aged 65 or follows: (A) services to mid-life and older individ- older. S. 2982 uals; (4) SECRETARY.—The term ‘‘Secretary’’ (B) consumer awareness programs; or Be it enacted by the Senate and House of Rep- means the Secretary of Health and Human (C) supportive services to low-income fami- resentatives of the United States of America in Services. Congress assembled, lies. (c) APPLICATION.—An eligible entity desir- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. SECTION 1. SHORT TITLE. ing a grant under this section shall submit (a) AUTHORIZATION.—There are authorized This Act may be cited as the ‘‘Education an application to the Secretary in such form to be appropriated to carry out this Act, for Retirement Security Act of 2002’’. and containing such information as the Sec- $100,000,000 for each of the fiscal years 2003 SEC. 2. FINDINGS. retary may require, including a plan for con- through 2007. Congress finds the following: tinuing the programs provided with grant (b) LIMITATION ON FUNDS FOR EVALUATION (1) Improving financial literacy is a crit- funds under this section after the grant ex- AND REPORT.—The Secretary may not use ical and complex task for Americans of all pires. more than $200,000 of the amounts appro- ages. (d) LIMITATION ON ADMINISTRATIVE COSTS.— priated under subsection (a) for each fiscal (2) Low levels of savings and high levels of A recipient of a grant under this section may year to carry out section 3(e). personal and real estate debt are serious not use more than 4 percent of the total (c) LIMITATION ON FUNDS FOR TRAINING AND problems for many households nearing re- amount of the grant in each fiscal year for TECHNICAL ASSISTANCE.—The Secretary may tirement. the administrative costs of carrying out the not use less than 5 percent or more than 10 (3) Only 53 percent of working Americans programs provided with grant funds under percent of amounts appropriated under sub- have any form of pension coverage. Three this section. section (a) for each fiscal year to carry out out of four women aged 65 or over receive no (e) EVALUATION AND REPORT.— section 4. income from employer-provided pensions. (1) ESTABLISHMENT OF PERFORMANCE MEAS- f (4) The more limited timeframe that mid- URES.—The Secretary shall develop measures life and older individuals and families have to evaluate the programs provided with STATEMENTS ON SUBMITTED to assess the realities of their individual cir- grant funds under this section. RESOLUTIONS cumstances, to recover from counter-produc- (2) EVALUATION ACCORDING TO PERFORMANCE tive choices and decisionmaking processes, MEASURES.—Applying the performance meas- and to benefit from more informed financial ures developed under paragraph (1), the Sec- SENATE RESOLUTION 328—DESIG- practices, has immediate impact and near retary shall evaluate the programs provided NATING THE WEEK ON SEP- term consequences for Americans nearing or with grant funds under this section in order TEMBER 22 THROUGH SEP- of retirement age. to— TEMBER 28, 2002, AS ‘‘NATIONAL (5) Research indicates that there are now 4 (A) judge the performance and effective- basic sources of retirement income security. ness of such programs; PARENTS WEEK’’ Those sources are social security benefits, (B) identify which programs represent the Mr. DEWINE (for himself and Mr. pensions and savings, healthcare insurance best practices of entities developing such VOINOVICH) submitted the following coverage, and, for an increasing number of programs for mid-life and older individuals; resolution, which was referred to the older individuals, necessary earnings from and Committee on the Judiciary: working during one’s ‘‘retirement’’ years. (C) identify which programs may be rep- (6) The $5,000,000,000,000 loss in stock mar- licated. S. RES. 328 ket equity values since 2000 has had a signifi- (3) ANNUAL REPORTS.—For each fiscal year Whereas parents play an indispensable role cantly negative effect on mid-life and older in which a grant is awarded under this sec- in the rearing of their children; individuals and on their pension plans and tion, the Secretary shall submit a report to Whereas good parenting is a time con- retirement accounts, affecting both individ- Congress containing a description of the sta- suming, emotionally demanding task that is uals with plans to retire and those who are tus of the grant program under this section, essential not only to the health of a house- already in retirement. a description of the programs provided with hold but to the well-being of our Nation; (7) Although today’s older individuals are grant funds under this section, and the re- Whereas without question, the future of generally thought to be doing well, nearly 1⁄5 sults of the evaluation of such programs our Nation depends largely upon the willing- (18 percent) of such individuals were living under paragraph (2). ness of mothers and fathers, however busy or

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.078 S19PT1 S8934 CONGRESSIONAL RECORD — SENATE September 19, 2002 distracted, to embrace their parental respon- Knowing the many risks kids face SENATE CONCURRENT RESOLU- sibilities and to vigilantly watch over and today, parents are increasingly getting TION 143—DESIGNATING OCTOBER guide the lives of their children; involved in their children’s lives from 6, 2002, THROUGH OCTOBER 12, Whereas mothers and fathers must strive talking with them about drugs to mak- 2002, AS ‘‘NATIONAL 4–H YOUTH tirelessly to raise children in an atmosphere of decency, discipline, and devotion, where ing sure their homework is done to get- DEVELOPMENT PROGRAM WEEK’’ encouragement abounds and where kindness, ting to know their child’s friends and Mr. INHOFE (for himself, Mrs. affection, and cooperation are in plentiful teachers. This resolution is important CARNAHAN, Mrs. CLINTON, Ms. supply; to let parents know that we are grate- LANDRIEU, Mr. BREAUX, Mrs. LINCOLN, Whereas the journey into adulthood can be ful to them and support them in their Mr. LIEBERMAN, Ms. STABENOW, Mr. perilous and lonely for a child without sta- tasks. Parenthood is, at minimum, an BIDEN, Mr. CLELAND, Mr. JOHNSON, Mr. bility, direction, and emotional support; eighteen-year full-time job, and takes MILLER, Mr. NELSON of Nebraska, Mr. Whereas children benefit enormously from unending commitment to ensure a parents with whom they feel safe, secure, EDWARDS, Mr. BAUCUS, Mr. REED, Mrs. and valued, and in an environment where bright and promising future for our MURRAY, Mr. BAYH, Mr. BOND, Mr. parent and child alike can help one another country’s children. And so today, I HAGEL, Mr. THURMOND, Mr. HELMS, Mr. achieve joy and fulfillment on a variety of thank parents on behalf of a grateful BROWNBACK, Mr. ALLEN, Ms. COLLINS, levels; and Nation. Mr. STEVENS, Mr. ALLARD, Mr. THOMAS, Whereas a safe and secure domestic cli- Mr. CRAIG, Mr. MURKOWSKI, Mr. LUGAR, mate contributes significantly to a child’s f Mr. FRIST, Mr. NICKLES, Mr. BUNNING, development into a healthy, well-adjusted Mrs. HUTCHISON, Mr. FITZGERALD, Mr. adult, and it is imperative that the general WARNER, Mr. ROBERTS, Mr. SHELBY, Mr. population not underestimate the favorable SENATE CONCURRENT RESOLU- LOTT, Mr. CRAPO, Mr. GRASSLEY, Mr. impact that positive parenting can have on TION 142—EXPRESSING SUPPORT SESSIONS, Mr. DEWINE, and Mr. COCH- society as a whole: Now, therefore, be it FOR THE GOALS AND IDEAS OF RAN) submitted the following concur- Resolved, That the Senate— A DAY OF TRIBUTE TO ALL rent resolution; which was referred to (1) designates the week of September 22 FIREFIGHTERS WHO HAVE DIED the Committee on the Judiciary: through September 28, 2002, as ‘‘National IN THE LINE OF DUTY AND REC- Parents Week’’; and S. CON. RES. 143 (2) requests that the President issue a OGNIZING THE IMPORTANT MIS- SION OF THE FALLEN FIRE- Whereas the 4–H Youth Development Pro- proclamation calling upon the people of the gram celebrates its 100th anniversary in 2002; United States to observe that week with ap- FIGHTERS FOUNDATION IN AS- Whereas members of the 4–H Youth Devel- propriate ceremonies and activities. SISTING FAMILY MEMBERS TO opment Program pledge their Heads to clear- Mr. DEWINE. Madam President, I OVERCOME THE LOSS OF THE er thinking, their Hearts to greater loyalty, rise today to join my friend and col- FALLEN HEROES their Hands to larger service, and their ealth to better living for the club, the com- league from Ohio, Senator VOINOVICH, H Mr. SMITH of Oregon submitted the munity, the country, and the world; to submit a resolution designating Sep- following concurrent resolution; which Whereas the 4–H Youth Development Pro- tember 22 through September 28, as was referred to the Committee on the gram sponsors clubs in rural and urban areas ‘‘National Parents Week.’’ Judiciary: throughout the world; As proud parents of eight children Whereas 4–H Clubs have grown to over and now seven grandchildren, my wife, S. CON. RES. 142 5,600,000 annual participants ranging from 5 Fran, and I know that our Nation’s fu- Whereas for over 350 years the Nation’s to 19 years of age; ture is in the hands of all children. To firefighters have dedicated their lives to the Whereas 4–H Clubs strengthen families and safeguard this future, parents must ful- safety of their fellow Americans; communities; Whereas 4–H Clubs foster leadership and fill many demanding responsibilities. Whereas throughout the Nation’s history volunteerism for youth and adults; They must teach their children values, many firefighters have fallen in the line of Whereas 4–H Clubs build internal and ex- participate in their education, encour- duty, leaving behind family members and ternal partnerships for programming and re- age their dreams, and comfort them in friends who have grieved their untimely source development; times of need. As any parent knows, losses; Whereas today’s 4–H Clubs are very di- this is not easy. It takes dedication, Whereas these individuals served with verse, offering projects relating to citizen- constant attention, and unconditional pride and honor as volunteer and career fire- ship and civic education, communications love. This resolution serves as a fighters; and expressive arts, consumer and family Whereas until 1980 there was not a tribute sciences, environmental education and earth ‘‘thank you’’ to all parents across the sciences, healthy lifestyle education, per- nation working hard, day after day, to to honor these heroes for their acts of valor or a support system to help the families of sonal development and leadership, plants, provide for their children emotionally, these heroes rebuild their lives; animals, and science and technology; and physically, spiritually, and materially. Whereas the 4–H Youth Development Pro- It is very common today for a single Whereas in 1992 Congress created the Na- gram continues to make great contributions tional Fallen Firefighters Foundation to toward the development of well-rounded parent to be solely tasked with the re- lead a nationwide effort to remember the Na- sponsibility for raising his or her chil- youth: Now, therefore, be it tion’s fallen firefighters through a variety of Resolved, By the Senate (the House of Rep- dren. This month we have all remem- activities; resentatives concurring), bered the over 100 babies who were born Whereas each year the National Fallen (1) recognizes the 100th anniversary of the to widowed mothers after the tragic Firefighters Foundation hosts an annual me- 4–H Youth Development Program; events of September 11, babies who will morial service to honor the memory of all (2) commends such program for service to never know their fathers. We’ve also firefighters who die in the line of duty and to the youth of the world; remembered the countless children who bring support and counseling to their fami- (3) designates October 6, 2002, through Oc- have been left fatherless or motherless lies; tober 12, 2002, as ‘‘National 4–H Youth Devel- due these events. Indeed, these single Whereas in 2002 the memorial service will opment Program Week’’; and take place on October 5 and 6; (4) requests that the President issue a parents have an extremely challenging proclamation calling on the people of the job ahead. Whereas 445 fallen firefighters, including United States to observe ‘‘National 4–H Studies indicate that children in firefighters from nearly every State, will be Youth Development Program Week’’ with families maintained by one parent face honored in 2002; and appropriate ceremonies and activities. more challenges and are more likely Whereas many of the family members of f than children raised in two-parent these firefighters are expected to attend the AMENDMENTS SUBMITTED AND homes to do poorly in school, have memorial service: Now, therefore, be it. PROPOSED emotional and behavioral problems, be- Resolved by the Senate (the House of Rep- come teenage parents, and have pov- resentatives concurring), That Congress sup- SA 4679. Mr. INOUYE (for himself, Mr. erty-level incomes as adults. These ports the goals and ideas of a day of tribute FEINGOLD, Ms. COLLINS, and Mr. CARPER) sub- to all firefighters who have died in the line mitted an amendment intended to be pro- frightening facts, once again, show us of duty and recognizes the important mis- posed to amendment SA 4565 submitted by that strong parental involvement is sion of the Fallen Firefighters Foundation in Mr. FEINGOLD (for himself, Ms. COLLINS, and vital to children’s development and assisting family members to overcome the Mr. CARPER) and intended to be proposed to long-term success. loss of their fallen heroes. the amendment SA 4471 proposed by

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Mr. LIEBERMAN to the bill H.R. 5005, to estab- amendment SA 4471 proposed by Mr. On page 5, line 23, insert ‘‘, tribal,’’ after lish the Department of Homeland Security, LIEBERMAN to the bill H.R. 5005, supra. ‘‘State’’. and for other purposes; which was ordered to f On page 6, line 1, insert ‘‘, tribal,’’ after lie on the table. ‘‘State’’. SA 4680. Mr. LEVIN (for himself, Mr. TEXT OF AMENDMENTS On page 6, line 21, insert ‘‘, Tribal,’’ after GRASSLEY, Mr. AKAKA, and Mr. LEAHY) sub- Mr. INOUYE (for himself, ‘‘State’’. mitted an amendment intended to be pro- SA 4679. Mr. FEINGOLD, Ms. COLLINS, and Mr. On page 9, line 14, insert ‘‘, tribal,’’ after posed by him to the bill H.R. 5005, supra; ‘‘State’’. which was ordered to lie on the table. CARPER) submitted an amendment in- SA 4681. Mr. LEVIN (for himself and Mr. tended to be proposed to amendment MCCONNELL) submitted an amendment in- SA 4565 submitted by Mr. FEINGOLD (for SA 4680. Mr. LEVIN (for himself, Mr. tended to be proposed by him to the bill H.R. himself, Ms. COLLINS, and Mr. CARPER) GRASSLEY, Mr. AKAKA, and Mr. LEAHY) 5005, supra; which was ordered to lie on the and intended to be proposed to the submitted an amendment intended to table. be proposed by him to the bill H.R. SA 4682. Mr. GREGG (for himself, Mr. HOL- amendment SA 4471 proposed by Mr. LIEBERMAN to the bill H.R. 5005, to es- 5005, to establish the Department of LINGS, Mr. SHELBY, Mr. HARKIN, Mr. STE- Homeland Security, and for other pur- VENS, Mr. INOUYE, Mr. COCHRAN, Mr. HELMS, tablish the Department of Homeland Mr. JOHNSON, Mr. SESSIONS, Mr. BINGAMAN, Security, and for other purposes; which poses; which was ordered to lie on the Mr. GRASSLEY, Ms. LANDRIEU, and Mrs. FEIN- was ordered to lie on the table; as fol- table; as follows: STEIN) submitted an amendment intended to lows: At the end of the amendment insert the be proposed by him to the bill H.R. 5005, following: supra; which was ordered to lie on the table. On page 1, line 3, insert ‘‘TRIBAL,’’ after SA 4683. Mr. GREGG (for himself, Mr. HOL- ‘‘STATE’’. TITLE VI—PROTECTION OF CERTAIN DIS- LINGS, Mr. SHELBY, Mr. HARKIN, Mr. STE- On page 1, line 6, insert ‘‘, Tribal,’’ after CLOSURES OF INFORMATION BY FED- VENS, Mr. INOUYE, Mr. COCHRAN, Mr. HELMS, ‘‘State’’. ERAL EMPLOYEES Mr. JOHNSON, Mr. SESSIONS, Mr. BINGAMAN, On page 1, line 9, insert ‘‘, tribal,’’ after SEC. 601. PROTECTION OF CERTAIN DISCLO- Mr. GRASSLEY, Ms. LANDRIEU, and Mrs. FEIN- ‘‘State’’. SURES OF INFORMATION BY FED- STEIN) submitted an amendment intended to On page 2, line 4, strike ‘‘State and local ERAL EMPLOYEES. be proposed by him to the bill H.R. 5005, government’’ and insert ‘‘State, tribal, and (a) CLARIFICATION OF DISCLOSURES COV- supra; which was ordered to lie on the table. local governments’’. ERED.—Section 2302(b)(8) of title 5, United SA 4684. Mr. GREGG (for himself, Mr. HOL- On page 2, line 6, strike ‘‘State and local States Code, is amended— LINGS, Mr. SHELBY, Mr. HARKIN, Mr. STE- government’’ and insert ‘‘State, tribal, and (1) in subparagraph (A)— VENS, Mr. INOUYE, Mr. COCHRAN, Mr. HELMS, local governments’’. (A) by striking ‘‘which the employee or ap- Mr. JOHNSON, Mr. SESSIONS, Mr. BINGAMAN, On page 2, line 8, strike ‘‘State and local plicant reasonably believes evidences’’ and Mr. GRASSLEY, Ms. LANDRIEU, and Mrs. FEIN- government’’ and insert ‘‘State, tribal, and inserting ‘‘, without restriction to time, STEIN) submitted an amendment intended to local governments’’. place, form, motive, context, or prior disclo- be proposed by him to the bill H.R. 5005, On page 2, line 12, strike ‘‘State and local sure made to any person by an employee or supra; which was ordered to lie on the table. government’’ and insert ‘‘State, tribal, and applicant, including a disclosure made in the SA 4685. Mr. BINGAMAN (for himself and local governments’’. ordinary course of an employee’s duties, that Mr. DASCHLE) submitted an amendment in- On page 2, line 16, insert ‘‘, tribal,’’ after the employee or applicant reasonably be- tended to be proposed by him to the bill H.R. ‘‘State’’. lieves is evidence of’’; and 5093, making appropriations for the Depart- On page 2, line 17, insert ‘‘and in each re- (B) in clause (i), by striking ‘‘a violation’’ ment of the Interior and related agencies for gional office of the Bureau of Indian Affairs’’ and inserting ‘‘any violation’’; the fiscal year ending September 30, 2003, and after ‘‘States’’. (2) in subparagraph (B)— for other purposes; which was ordered to lie On page 2, line 24, insert ‘‘, tribal,’’ after (A) by striking ‘‘which the employee or ap- on the table. ‘‘State’’. plicant reasonably believes evidences’’ and SA 4686. Mr. WELLSTONE submitted an On page 3, line 2, insert ‘‘, tribal,’’ after inserting ‘‘, without restriction to time, amendment intended to be proposed by him ‘‘State’’. place, form, motive, context, or prior disclo- to the bill H.R. 5005, to establish the Depart- On page 3, line 5, insert ‘‘, tribal,’’ after sure made to any person by an employee or ment of Homeland Security, and for other ‘‘State’’. applicant, including a disclosure made in the purposes; which was ordered to lie on the On page 3, strike lines 9 and 10 and insert ordinary course of an employee’s duties, to table. the following: the Special Counsel, or to the Inspector Gen- SA 4687. Mr. KENNEDY submitted an of Department priorities— eral of an agency or another employee des- amendment intended to be proposed by him (i) within each State and Indian tribe; ignated by the head of the agency to receive to the bill H.R. 5005, supra; which was or- (ii) between States; such disclosures, of information that the em- dered to lie on the table. (iii) between Indian tribes; and ployee or applicant reasonably believes is SA 4688. Mr. KENNEDY submitted an (iv) between States and Indian tribes. evidence of’’; and amendment intended to be proposed by him On page 3, line 13, insert ‘‘and for each re- (B) in clause (i), by striking ‘‘a violation’’ to the bill H.R. 5005, supra; which was or- gional office of the Bureau of Indian Affairs’’ and inserting ‘‘any violation (other than a dered to lie on the table. after ‘‘Columbia’’. violation of this section)’’; and SA 4689. Mr. GRASSLEY submitted an On page 3, line 16, insert ‘‘, or for Indian (3) by adding at the end the following: amendment intended to be proposed by him tribes covered by that regional office of the ‘‘(C) a disclosure that— to the bill H.R. 5005, supra; which was or- Bureau of Indian Affairs, as the case may ‘‘(i) is made by an employee or applicant of dered to lie on the table. SA 4690. Mrs. CLINTON submitted an be’’ after ‘‘District’’. information required by law or Executive amendment intended to be proposed to On page 3, line 19, insert ‘‘, tribal,’’ after order to be kept secret in the interest of na- ‘‘State’’. tional defense or the conduct of foreign af- amendment SA 4619 submitted by Mr. JEF- On page 3, line 24, insert ‘‘, tribal,’’ after fairs that the employee or applicant reason- FORDS (for himself, Mr. SMITH of New Hamp- ‘‘State’’. ably believes is evidence of— shire, and Ms. SNOWE) and intended to be proposed to the amendment SA 4471 proposed On page 4, line 6, insert ‘‘, tribal,’’ after ‘‘(I) any violation of any law, rule, or regu- ‘‘State’’. lation; by Mr. LIEBERMAN to the bill H.R. 5005, supra; which was ordered to lie on the table. On page 4, line 10, insert ‘‘, tribal,’’ after ‘‘(II) gross mismanagement, a gross waste SA 4691. Mrs. CLINTON submitted an ‘‘State’’. of funds, an abuse of authority, or a substan- amendment intended to be proposed to On page 4, line 14, insert ‘‘, tribal,’’ after tial and specific danger to public health or amendment SA 4619 submitted by Mr. JEF- ‘‘State’’. safety; or FORDS (for himself, Mr. SMITH of New Hamp- On page 4, line 16, insert ‘‘, tribal,’’ after ‘‘(III) a false statement to Congress on an shire, and Ms. SNOWE) and intended to be ‘‘State’’. issue of material fact; and proposed to the amendment SA 4471 proposed On page 4, line 23, insert ‘‘, tribal,’’ after ‘‘(ii) is made to— by Mr. LIEBERMAN to the bill H.R. 5005, ‘‘State’’. ‘‘(I) a member of a committee of Congress supra; which was ordered to lie on the table. On page 5, line 2, insert ‘‘, tribal,’’ after having a primary responsibility for oversight SA 4692. Mr. GRASSLEY submitted an ‘‘State’’. of a department, agency, or element of the amendment intended to be proposed by him On page 5, line 4, insert ‘‘, tribal,’’ after Federal Government to which the disclosed to the bill H.R. 5005, supra; which was or- ‘‘State’’. information relates and who is authorized to dered to lie on the table. On page 5, line 8, insert ‘‘and Indian tribes’’ receive information of the type disclosed; SA 4693. Mr. HATCH proposed an amend- after ‘‘States’’. ‘‘(II) any other Member of Congress who is ment to amendment SA 4471 proposed by Mr. On page 5, line 13, insert ‘‘, TRIBAL,’’ after authorized to receive information of the type LIEBERMAN to the bill H.R. 5005, supra. ‘‘STATE,’’. disclosed; or SA 4694. Mr. LIEBERMAN (for himself and On page 5, line 17, insert ‘‘, Tribal,’’ after ‘‘(III) an employee of the executive branch Mr. MCCAIN) proposed an amendment to ‘‘State’’. or Congress who has the appropriate security

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clearance for access to the information dis- (A) IN GENERAL.—Chapter 77 of title 5, ited personnel practice under section 2303(b) closed.’’. United States Code, is amended by inserting (8) or (9), the Board shall impose disciplinary (b) COVERED DISCLOSURES.—Section 2302(b) after section 7702 the following: action if the Board finds that protected ac- of title 5, United States Code, is amended— ‘‘§ 7702a. Actions relating to security clear- tivity was a significant motivating factor in (1) in the matter following paragraph (12), ances the decision to take, fail to take, or threaten by striking ‘‘This subsection’’ and inserting ‘‘(a) In any appeal relating to the suspen- to take or fail to take a personnel action, the following: sion, revocation, or other determination re- unless that employee demonstrates, by pre- ‘‘This subsection’’; and lating to a security clearance, the Merit Sys- ponderance of evidence, that the employee (2) by adding at the end the following: tems Protection Board or a court— would have taken, failed to take, or threat- ‘‘In this subsection, the term ‘disclosure’ ‘‘(1) shall determine whether section 2302 ened to take or fail to take the same per- means a formal or informal communication was violated; sonnel action, in the absence of such pro- or transmission.’’. ‘‘(2) may not order the President to restore tected activity.’’. (c) REBUTTABLE PRESUMPTION.—Section a security clearance; and (i) DISCLOSURES TO CONGRESS.—Section 2302 2302(b) of title 5, United States Code, is ‘‘(3) subject to paragraph (2), may issue de- of title 5, United States Code, is amended by amended by adding after the matter fol- claratory relief and any other appropriate adding at the end the following: ‘‘(f) Each agency shall establish a process lowing paragraph (12) (as amended by sub- relief. that provides confidential advice to employ- section (b) of this section) the following: ‘‘(b)(1) If, in any final judgment, the Board ees on making a lawful disclosure to Con- ‘‘For purposes of paragraph (8), any pre- or court declares that any suspension, rev- gress of information that is specifically re- sumption relating to the performance of a ocation, or other determination with regards to a security clearance was made in viola- quired by Executive order to be kept secret duty by an employee who has authority to in the interest of national defense or the take, direct others to take, recommend, or tion of section 2302, the affected agency shall conduct a review of that suspension, revoca- conduct of foreign affairs.’’. approve any personnel action may be rebut- (j) AUTHORITY OF SPECIAL COUNSEL RELAT- tion, or other determination, giving great ted by substantial evidence.’’. ING TO CIVIL ACTIONS.— (d) NONDISCLOSURE POLICIES, FORMS, AND weight to the Board or court judgment. ‘‘(2) Not later than 30 days after any Board (1) REPRESENTATION OF SPECIAL COUNSEL.— AGREEMENTS; SECURITY CLEARANCES; AND RE- or court judgment declaring that a security Section 1212 of title 5, United States Code, is TALIATORY INVESTIGATIONS.— clearance suspension, revocation, or other amended by adding at the end the following: (1) PERSONNEL ACTION.—Section determination was made in violation of sec- ‘‘(h) Except as provided in section 518 of 2302(a)(2)(A) of title 5, United States Code, is tion 2302, the affected agency shall issue an title 28, relating to litigation before the Su- amended— unclassified report to the congressional com- preme Court, attorneys designated by the (A) in clause (x), by striking ‘‘and’’ after mittees of jurisdiction (with a classified Special Counsel may appear for the Special the semicolon; and annex if necessary), detailing the cir- Counsel and represent the Special Counsel in (B) by redesignating clause (xi) as clause cumstances of the agency’s security clear- any civil action brought in connection with (xiv) and inserting after clause (x) the fol- ance suspension, revocation, or other deter- section 2302(b)(8) or subchapter III of chapter lowing: mination. A report under this paragraph 73, or as otherwise authorized by law.’’. ‘‘(xi) the implementation or enforcement shall include any proposed agency action (2) JUDICIAL REVIEW OF MERIT SYSTEMS PRO- of any nondisclosure policy, form, or agree- with regards to the security clearance. TECTION BOARD DECISIONS.—Section 7703 of ment; ‘‘(c) An allegation that a security clear- title 5, United States Code, is amended by ‘‘(xii) a suspension, revocation, or deter- ance was revoked or suspended in retaliation adding at the end the following: mination relating to a security clearance; for a protected disclosure shall receive expe- ‘‘(e)(1) Except as provided under paragraph ‘‘(xiii) an investigation of an employee or dited review by the Office of Special Counsel, (2), this paragraph shall apply to any review applicant for employment because of any ac- the Merit Systems Protection Board, and obtained by the Special Counsel. The Special tivity protected under this section; and’’. any reviewing court.’’. Counsel may obtain review of any final order or decision of the Board by filing a petition (2) PROHIBITED PERSONNEL PRACTICE.—Sec- (B) TECHNICAL AND CONFORMING AMEND- for judicial review in the United States tion 2302(b) of title 5, United States Code, is MENT.—The table of sections for chapter 77 of Court of Appeals for the Federal Circuit if amended— title 5, United States Code, is amended by in- the Special Counsel determines, in the dis- (A) in paragraph (11), by striking ‘‘or’’ at serting after the item relating to section 7702 cretion of the Special Counsel, that the the end; the following: (B) in paragraph (12), by striking the pe- Board erred in deciding a case arising under ‘‘7702a. Actions relating to security clear- section 2302(b)(8) or subchapter III of chapter riod and inserting a semicolon; and ances.’’. (C) by inserting after paragraph (12) the 73 and that the Board’s decision will have a (e) EXCLUSION OF AGENCIES BY THE PRESI- substantial impact on the enforcement of following: DENT.—Section 2302(a)(2)(C) of title 5, United section 2302(b)(8) or subchapter III of chapter ‘‘(13) implement or enforce any nondisclo- States Code, is amended by striking clause 73. If the Special Counsel was not a party or sure policy, form, or agreement, if such pol- (ii) and inserting the following: did not intervene in a matter before the icy, form, or agreement does not contain the ‘‘(ii)(I) the Federal Bureau of Investiga- Board, the Special Counsel may not petition following statement: tion, the Central Intelligence Agency, the for review of a Board decision under this sec- ‘‘ ‘These provisions are consistent with and Defense Intelligence Agency, the National tion unless the Special Counsel first peti- do not supersede, conflict with, or otherwise Imagery and Mapping Agency, the National tions the Board for reconsideration of its de- alter the employee obligations, rights, or li- Security Agency; and cision, and such petition is denied. In addi- abilities created by Executive Order No. ‘‘(II) as determined by the President, any tion to the named respondent, the Board and 12958; section 7211 of title 5, United States Executive agency or unit thereof the prin- all other parties to the proceedings before Code (governing disclosures to Congress); cipal function of which is the conduct of for- the Board shall have the right to appear in section 1034 of title 10, United States Code eign intelligence or counterintelligence ac- the proceedings before the Court of Appeals. (governing disclosure to Congress by mem- tivities, if the determination (as that deter- The granting of the petition for judicial re- bers of the military); section 2302(b)(8) of mination relates to a personnel action) is view shall be at the discretion of the Court title 5, United States Code (governing disclo- made before that personnel action; or’’. of Appeals. sures of illegality, waste, fraud, abuse, or (f) ATTORNEY FEES.—Section 1204(m)(1) of ‘‘(2) During the 5-year period beginning on public health or safety threats); the Intel- title 5, United States Code, is amended by February 1, 2003, this paragraph shall apply ligence Identities Protection Act of 1982 (50 striking ‘‘agency involved’’ and inserting to any review obtained by the Special Coun- U.S.C. 421 et seq.) (governing disclosures that ‘‘agency where the prevailing party is em- sel. The Special Counsel may obtain review could expose confidential Government ployed or has applied for employment’’. of any final order or decision of the Board by agents); and the statutes which protect (g) COMPENSATORY DAMAGES.—Section filing a petition for judicial review in the against disclosures that could compromise 1214(g)(2) of title 5, United States Code, is United States Court of Appeals for the Fed- national security, including sections 641, 793, amended by inserting ‘‘compensatory or’’ eral Circuit or any court of appeals of com- 794, 798, and 952 of title 18, United States after ‘‘forseeable’’. petent jurisdiction if the Special Counsel de- Code, and section 4(b) of the Subversive Ac- (h) DISCIPLINARY ACTION.—Section 1215 of termines, in the discretion of the Special tivities Control Act of 1950 (50 U.S.C. 783(b)). title 5, United States Code, is amended in Counsel, that the Board erred in deciding a The definitions, requirements, obligations, subsection (a), by striking paragraph (3) and case arising under section 2302(b)(8) or sub- rights, sanctions, and liabilities created by inserting the following: chapter III of chapter 73 and that the Board’s such Executive order and such statutory pro- ‘‘(3)(A) A final order of the Board may im- decision will have a substantial impact on visions are incorporated into this agreement pose disciplinary action consisting of re- the enforcement of section 2302(b)(8) or sub- and are controlling.’; or moval, reduction in grade, debarment from chapter III of chapter 73. If the Special Coun- ‘‘(14) conduct, or cause to be conducted, an Federal employment for a period not to ex- sel was not a party or did not intervene in a investigation of an employee or applicant for ceed 5 years, suspension, reprimand, or an matter before the Board, the Special Counsel employment because of any activity pro- assessment of a civil penalty not to exceed may not petition for review of a Board deci- tected under this section.’’. $1000. sion under this section unless the Special (3) BOARD AND COURT REVIEW OF ACTIONS RE- ‘‘(B) In any case in which the Board finds Counsel first petitions the Board for recon- LATING TO SECURITY CLEARANCES.— that an employee has committed a prohib- sideration of its decision, and such petition

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.089 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8937 is denied. In addition to the named respond- for a reconsideration of its decision, and law enforcement by helping to reduce and ent, the Board and all other parties to the such petition is denied. In addition to the prevent crime; proceedings before the Board shall have the named respondent, the Board and all other (3) such private security officers protect right to appear in the proceedings before the parties to the proceedings before the Board individuals, property, and proprietary infor- court of appeals. The granting of the petition shall have the right to appear in the pro- mation, and provide protection to such di- for judicial review shall be at the discretion ceeding before the court of appeals. The verse operations as banks, hospitals, re- of the court of appeals.’’. granting of the petition for judicial review search and development centers, manufac- (k) JUDICIAL REVIEW.— shall be at the discretion of the Court of Ap- turing facilities, defense and aerospace con- (1) IN GENERAL.—Section 7703(b) of title 5, peals.’’. tractors, high technology businesses, nuclear United States Code, is amended by striking (l) NONDISCLOSURE POLICIES, FORMS, AND power plants, chemical companies, oil and paragraph (1) and inserting the following: AGREEMENTS.— gas refineries, airports, communication fa- ‘‘(b)(1)(A) Except as provided in subpara- (1) IN GENERAL.— cilities and operations, office complexes, graph (B) and paragraph (2) of this sub- (A) REQUIREMENT.—Each agreement in schools, residential properties, apartment section, a petition to review a final order or Standard Forms 312 and 4414 of the Govern- complexes, gated communities, and others; final decision of the Board shall be filed in ment and any other nondisclosure policy, (4) sworn law enforcement officers provide the United States Court of Appeals for the form, or agreement of the Government shall significant services to the citizens of the Federal Circuit. Notwithstanding any other contain the following statement: ‘‘These re- United States in its public areas, and are provision of law, any petition for review strictions are consistent with and do not su- supplemented by private security officers; must be filed within 60 days after the date persede, conflict with, or otherwise alter the (5) the threat of additional terrorist at- the petitioner received notice of the final employee obligations, rights, or liabilities tacks requires cooperation between public order or decision of the Board. created by Executive Order No. 12958; section and private sectors and demands profes- ‘‘(B) During the 5-year period beginning on 7211 of title 5, United States Code (governing sional, reliable, and responsible security offi- February 1, 2003, a petition to review a final disclosures to Congress); section 1034 of title cers for the protection of people, facilities, order or final decision of the Board shall be 10, United States Code (governing disclosure and institutions; filed in the United States Court of Appeals to Congress by members of the military); (6) the trend in the Nation toward growth for the Federal Circuit or the United States section 2302(b)(8) of title 5, United States in such security services has accelerated rap- Court of Appeals for the circuit in which the Code (governing disclosures of illegality, idly; petitioner resides. Notwithstanding any waste, fraud, abuse or public health or safety (7) such growth makes available more pub- other provision of law, any petition for re- threats); the Intelligence Identities Protec- lic sector law enforcement officers to combat view must be filed within 60 days after the tion Act of 1982 (50 U.S.C. 421 et seq.) (gov- serious and violent crimes, including ter- date the petitioner received notice of the erning disclosures that could expose con- rorism; final order or decision of the Board.’’. fidential Government agents); and the stat- (8) the American public deserves the em- (2) REVIEW OBTAINED BY OFFICE OF PER- utes which protect against disclosure that ployment of qualified, well-trained private SONNEL MANAGEMENT.—Section 7703 of title 5, may compromise the national security, insecurity personnel as an adjunct to sworn United States Code, is amended by striking cluding sections 641, 793, 794, 798, and 952 of law enforcement officers; and subsection (d) and inserting the following: title 18, United States Code, and section 4(b) (9) private security officers and applicants ‘‘(d)(1) Except as provided under paragraph of the Subversive Activities Act of 1950 (50 for private security officer positions should (2), this paragraph shall apply to any review U.S.C. 783(b)). The definitions, requirements, be thoroughly screened and trained. obtained by the Director of the Office of Per- obligations, rights, sanctions, and liabilities (b) DEFINITIONS.—In this section: sonnel Management. The Director of the Of- created by such Executive order and such (1) EMPLOYEE.—The term ‘‘employee’’ in- fice of Personnel Management may obtain statutory provisions are incorporated into cludes both a current employee and an appli- review of any final order or decision of the this agreement and are controlling.’’ cant for employment as a private security Board by filing, within 60 days after the date (B) ENFORCEABILITY.—Any nondisclosure officer. the Director received notice of the final policy, form, or agreement described under (2) AUTHORIZED EMPLOYER.—The term ‘‘au- order or decision of the Board, a petition for subparagraph (A) that does not contain the thorized employer’’ means any person that— judicial review in the United States Court of statement required under subparagraph (A) (A) employs private security officers; and Appeals for the Federal Circuit if the Direc- may not be implemented or enforced to the (B) is authorized by regulations promul- tor determines, in his discretion, that the extent such policy, form, or agreement is in- gated by the Attorney General to request a Board erred in interpreting a civil service consistent with that statement. criminal history record information search law, rule, or regulation affecting personnel (2) PERSONS OTHER THAN FEDERAL EMPLOY- of an employee through a State identifica- management and that the Board’s decision EES.—Notwithstanding paragraph (1), a non- tion bureau pursuant to this section. will have a substantial impact on a civil disclosure policy, form, or agreement that is (3) PRIVATE SECURITY OFFICER.— The term service law, rule, regulation, or policy direc- to be executed by a person connected with ‘‘private security officer’’— tive. If the Director did not intervene in a the conduct of an intelligence or intel- (A) means an individual other than an em- matter before the Board, the Director may ligence-related activity, other than an employee of a Federal, State, or local govern- not petition for review of a Board decision ployee or officer of the United States Gov- ment, whose primary duty is to perform se- under this section unless the Director first ernment, may contain provisions appropriate curity services, full- or part-time, for consid- petitions the Board for a reconsideration of to the particular activity for which such doc- eration, whether armed or unarmed and in its decision, and such petition is denied. In ument is to be used. Such form or agreement uniform or plain clothes; but addition to the named respondent, the Board shall, at a minimum, require that the person (B) does not include— and all other parties to the proceedings be- will not disclose any classified information (i) employees whose duties are primarily fore the Board shall have the right to appear received in the course of such activity unless internal audit or credit functions; in the proceeding before the Court of Ap- specifically authorized to do so by the (ii) employees of electronic security sys- peals. The granting of the petition for judi- United States Government. Such nondisclo- tem companies acting as technicians or mon- cial review shall be at the discretion of the sure forms shall also make it clear that such itors; or Court of Appeals. forms do not bar disclosures to Congress or (iii) employees whose duties primarily in- ‘‘(2) During the 5-year period beginning on to an authorized official of an executive volve the secure movement of prisoners. February 1, 2003, this paragraph shall apply agency or the Department of Justice that (4) SECURITY SERVICES.—The term ‘‘secu- to any review obtained by the Director of the are essential to reporting a substantial vio- rity services’’ means acts to protect people Office of Personnel Management. The Direc- lation of law. or property as defined by regulations pro- tor of the Office of Personnel Management mulgated by the Attorney General. may obtain review of any final order or deci- SA 4681. Mr. LEVIN (for himself and (5) STATE IDENTIFICATION BUREAU.—The sion of the Board by filing, within 60 days Mr. MCCONNELL) submitted an amend- term ‘‘State identification bureau’’ means after the date the Director received notice of ment intended to be proposed by him the State entity designated by the Attorney the final order or decision of the Board, a pe- to the bill H.R. 5005, to establish the General for the submission and receipt of tition for judicial review in any appellate criminal history record information. court of competent jurisdiction as provided Department of Homeland Security, and (c) CRIMINAL HISTORY RECORD INFORMATION under subsection (b)(2) if the Director deter- for other purposes; which was ordered SEARCH.— mines, in his discretion, that the Board erred to lie on the table; as follows: (1) IN GENERAL.— in interpreting a civil service law, rule, or At the appropriate place, insert the fol- (A) SUBMISSION OF FINGERPRINTS.—An au- regulation affecting personnel management lowing: thorized employer may submit to the State and that the Board’s decision will have a SEC. ll. PRIVATE SECURITY OFFICERS RECORD identification bureau of a participating substantial impact on a civil service law, REVIEWS. State, fingerprints or other means of posi- rule, regulation, or policy directive. If the (a) FINDINGS.—Congress finds that— tive identification, as determined by the At- Director did not intervene in a matter before (1) employment of private security officers torney General, of an employee of such em- the Board, the Director may not petition for in the United States is growing rapidly; ployer for purposes of a criminal history review of a Board decision under this section (2) private security officers function as an record information search pursuant to this unless the Director first petitions the Board adjunct to, but not a replacement for, public section.

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.089 S19PT1 S8938 CONGRESSIONAL RECORD — SENATE September 19, 2002

(B) EMPLOYEE RIGHTS.— (i) collect fees pursuant to regulations pro- (7) Coordinating with other agencies nec- (i) PERMISSION.—An authorized employer mulgated under paragraph (2) to process essary to carry out the functions of the Of- shall obtain written consent from an em- background checks provided for by this sec- fice of Emergency Preparedness. ployee to submit to the State identification tion; (8) Collaborating with, and transferring bureau of a participating State the request (ii) notwithstanding the provisions of sec- funds to, the Centers for Disease Control and to search the criminal history record infor- tion 3302 of title 31, United States Code, re- Prevention or other agencies for administra- mation of the employee under this section. tain and use such fees for salaries and other tion of the Strategic National Stockpile (ii) ACCESS.—An authorized employer shall expenses incurred in providing such proc- transferred under subsection (c)(6). provide to the employee confidential access essing; and (9) Consulting with the Under Secretary to any information relating to the employee (iii) establish such fees at a level to infor Science and Technology, Secretary of Ag- received by the authorized employer pursu- clude an additional amount to remain avail- riculture, and the Director of the Centers for ant to this section. able until expended to defray expenses for Disease Control and Prevention in estab- (C) PROVIDING INFORMATION TO THE STATE the automation of fingerprint identification lishing and updating the list of potential IDENTIFICATION BUREAU.—Upon receipt of a and criminal justice information services threat agents or toxins relating to the func- request for a criminal history record infor- and associated costs. tions of the Select Agent Registration Pro- mation search from an authorized employer (B) STATE COSTS.—Nothing in this section gram transferred under subsection (c)(7). pursuant to this section, submitted through shall be construed as restricting the right of (10) Developing a plan to address the inter- the State identification bureau of a partici- a State to assess a reasonable fee on an au- face of medical informatics and the medical pating State, the Attorney General shall— thorized employer for the costs to the State response to terrorism that address— (i) search the appropriate records of the of administering this section. (A) standards for interoperability; Criminal Justice Information Services Divi- (5) STATE OPT OUT.—A State may decline to (B) real-time data collection; sion of the Federal Bureau of Investigation; participate in the background check system (C) ease of use for health care providers; and authorized by this section by enacting a law (D) epidemiological surveillance of disease (ii) promptly provide any resulting identi- or issuing an order by the Governor (if con- outbreaks in human health and agriculture; fication and criminal history record infor- sistent with State law) providing that the (E) integration of telemedicine networks mation to the submitting State identifica- State is declining to participate pursuant to and standards; tion bureau requesting the information. this paragraph. (F) patient confidentiality; and (D) USE OF INFORMATION.— (G) other topics pertinent to the mission of (i) IN GENERAL.—Upon receipt of the crimi- SA 4682. Mr. GREGG (for himself and the Department. nal history record information from the At- Mr. HOLLINGS, Mr. SHELBY, Mr. HARKIN, (11) Activate and coordinate the operations torney General by the State identification Mr. STEVENS, Mr. INOUYE, Mr. COCHRAN, of the National Disaster Medical System as bureau, the information shall be used only as defined under section 102 of the Public provided in clause (ii). Mr. HELMS, Mr. JOHNSON, Mr. SESSIONS, Mr. BINGAMAN, Mr. GRASSLEY, Ms. Health Security and Bioterrorism Prepared- (ii) TERMS.—In the case of— ness and Response Act of 2002 (Public Law LANDRIEU, Mrs. FEINSTEIN) submitted (I) a participating State that has no State 107–188). standards for qualification to be a private se- an amendment intended to be proposed (12) Performing such other duties as as- curity officer, the State shall notify an au- by him to the bill H.R. 5005, to estab- signed by the Secretary. thorized employer as to the fact of whether lish the Department of Homeland Secu- (c) TRANSFER OF AUTHORITIES, FUNCTIONS, an employee has been convicted of a felony, rity, and for other purposes; which was an offense involving dishonesty or a false PERSONNEL, AND ASSETS TO THE DEPART- statement if the conviction occurred during ordered to lie on the table; as follows: MENT.—The authorities, functions, per- the previous 10 years, or an offense involving Strike all after the first word and insert sonnel, and assets of the following entities the use or attempted use of physical force the following: are transferred to the Department: against the person of another if the convic- SEC. ll. DIRECTORATE OF EMERGENCY PRE- (1) The Federal Emergency Management tion occurred during the previous 10 years; PAREDNESS AND RESPONSE. Agency, the 10 regional offices of which shall or (a) ESTABLISHMENT.— be maintained and strengthened by the De- (II) a participating State that has State (1) DIRECTORATE.—There is established partment, which shall be maintained as a standards for qualification to be a private se- within the Department the Directorate of distinct entity within the Department, ex- curity officer, the State shall use the infor- Emergency Preparedness and Response. cept that those elements of the Office of Na- mation received pursuant to this section in (2) UNDER SECRETARY.—There shall be an tional Preparedness of the Federal Emer- applying the State standards and shall only Under Secretary for Emergency Prepared- gency Management Agency that relate to notify the employer of the results of the ap- ness and Response, who shall be appointed by terrorism shall be transferred to the Office of plication of the State standards. the President, by and with the advice and Domestic Preparedness established under (E) FREQUENCY OF REQUESTS.—An author- consent of the Senate. this section. ized employer may request a criminal his- (b) RESPONSIBILITIES.—The Directorate of (2) The National Office of Domestic Pre- tory record information search for an em- Emergency Preparedness and Response shall paredness of the Federal Bureau of Investiga- ployee only once every 12 months of contin- be responsible for the following: tion of the Department of Justice. uous employment by that employee unless (1) Carrying out all nonterrorism emer- (3) The Office of Domestic Preparedness of the authorized employer has good cause to gency preparedness activities carried out by the Department of Justice. submit additional requests. the Federal Emergency Management Agency (4) Those elements of the Office of National (2) REGULATIONS.—Not later than 180 days before the effective date of this division. Preparedness of the Federal Emergency after the date of enactment of this Act, the (2) Carrying out all terrorism and other Management Agency which relate to ter- Attorney General shall issue such final or in- hazard response activities carried out by the rorism, which shall be consolidated within terim final regulations as may be necessary Federal Emergency Management Agency be- the Department in the Office for Domestic to carry out this section, including— fore the effective date of this division. Preparedness established under this section. (A) measures relating to the security, con- (3) Creating a National Crisis Action Cen- (5) The Office of Emergency Preparedness fidentiality, accuracy, use, submission, dis- ter to act as the focal point for— within the Office of the Assistant Secretary semination, and destruction of information (A) monitoring emergencies; for Public Health Emergency Preparedness and audits, and recordkeeping; (B) notifying affected agencies and State of the Department of Health and Human (B) standards for qualification as an au- and local governments; and Services, including— thorized employer; and (C) coordinating Federal support for State (A) the Noble Training Center; (C) the imposition of reasonable fees nec- and local governments and the private sector (B) the Metropolitan Medical Response essary for conducting the background in crises. System; checks. (4) Managing and updating the Federal re- (C) the Department of Health and Human (3) CRIMINAL PENALTY.—Whoever falsely sponse plan to ensure the appropriate inte- Services component of the National Disaster certifies that he meets the applicable stand- gration of operational activities of the De- Medical System; ards for an authorized employer or who partment of Defense, the National Guard, (D) the Disaster Medical Assistance Teams, knowingly and intentionally uses any infor- and other agencies, to respond to acts of ter- the Veterinary Medical Assistance Teams, mation obtained pursuant to this section rorism and other disasters. and the Disaster Mortuary Operational Re- other than for the purpose of determining (5) Coordinating activities among private sponse Teams; the suitability of an individual for employ- sector entities, including entities within the (E) the special events response; and ment as a private security officer shall be medical community, and animal health and (F) the citizen preparedness programs. fined under title 18, United States Code, or plant disease communities, with respect to (6) The Strategic National Stockpile of the imprisoned for not more than 2 years, or recovery, consequence management, and Department of Health and Human Services both. planning for continuity of services. including all functions and assets under sec- (4) USER FEES.— (6) Developing and managing a single re- tions 121 and 127 of the Public Health Secu- (A) IN GENERAL.—The Director of the Fed- sponse system for national incidents in co- rity and Bioterrorism Preparedness and Re- eral Bureau of Investigation may— ordination with all appropriate agencies. sponse Act of 2002 (Public Law 107–188).

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.090 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8939 (7) The functions of the Select Agent Reg- addressing whether there should be a single (8) Collaborating with, and transferring istration Program of the Department of office within the Department responsible for funds to, the Centers for Disease Control and Health and Human Services and the United the domestic preparedness of the United Prevention or other agencies for administra- States Department of Agriculture, including States for all hazards, including terrorism tion of the Strategic National Stockpile all functions of the Secretary of Health and and natural disasters. The analysis shall in- transferred under subsection (c)(6). Human Services and the Secretary of Agri- clude an examination of the advantages, dis- (9) Consulting with the Under Secretary culture under sections 201 through 221 of the advantages, costs, and benefits of creating a for Science and Technology, Secretary of Ag- Public Health Security and Bioterrorism single office for all hazards preparedness riculture, and the Director of the Centers for Preparedness and Response Act of 2002 (Pub- within the Department. Disease Control and Prevention in estab- lic Law 107–188). (e) REPORT.—Not later than 1 year after lishing and updating the list of potential (d) OFFICE FOR DOMESTIC PREPAREDNESS.— the date of enactment of this Act, the Under threat agents or toxins relating to the func- (1) ESTABLISHMENT.—There is established Secretary for Emergency Preparedness and tions of the Select Agent Registration Pro- within the Directorate of Emergency Pre- Response shall submit a report to Congress gram transferred under subsection (c)(7). paredness and Response the Office for Do- on the status of a national medical (10) Developing a plan to address the inter- mestic Preparedness. informatics system and an agricultural dis- face of medical informatics and the medical (2) DIRECTOR.—There shall be a Director of ease surveillance system, and the capacity of response to terrorism that address— the Office for Domestic Preparedness, who such systems to meet the goals under sub- (A) standards for interoperability; shall be appointed by the President, by and section (b)(12) in responding to a terrorist at- (B) real-time data collection; with the advice and consent of the Senate. tack. (C) ease of use for health care providers; The Director of the Office for Domestic Pre- (f) PREEMPTED PROVISIONS.—Notwith- (D) epidemiological surveillance of disease paredness shall report directly to the Under standing any other provision of this Act, in- outbreaks in human health and agriculture; Secretary for Emergency Preparedness and cluding any effective date provision, section (E) integration of telemedicine networks Response. 134 shall not take effect. and standards; (3) RESPONSIBILITIES.—The Office for Do- (F) patient confidentiality; and mestic Preparedness shall have the primary SA 4683. Mr. GREGG (for himself, Mr. (G) other topics pertinent to the mission of responsibility within the executive branch of HOLLINGS, Mr. SHELBY, Mr. HARKIN, Mr. the Department. Government for the preparedness of the STEVENS, Mr. INOUYE, Mr. COCHRAN, Mr. (11) Activate and coordinate the operations United States for acts of terrorism, includ- of the National Disaster Medical System as HELMS, Mr. JOHNSON, Mr. SESSIONS, Mr. ing— defined under section 102 of the Public (A) coordinating preparedness efforts at BINGAMAN, Mr. GRASSLEY, Ms. Health Security and Bioterrorism Prepared- the Federal level, and working with all LANDRIEU, and Mrs. FEINSTEIN) sub- ness and Response Act of 2002 (Public Law State, local, tribal, parish, and private sec- mitted an amendment intended to be 107–188). tor emergency response providers on all mat- proposed by him to the bill H.R. 5005, (12) Performing such other duties as as- ters pertaining to combating terrorism, in- to establish the Department of Home- signed by the Secretary. cluding training, exercises, and equipment land Security, and for other purposes; (c) TRANSFER OF AUTHORITIES, FUNCTIONS, support; which was ordered to lie on the table; PERSONNEL, AND ASSETS TO THE DEPART- (B) in keeping with intelligence estimates, MENT.—The authorities, functions, per- working to ensure adequate strategic and as follows: sonnel, and assets of the following entities operational planning, equipment, training, In lieu of the matter proposed to be in- are transferred to the Department: and exercise activities at all levels of gov- serted insert the following: (1) The Federal Emergency Management ernment; SEC. ll. DIRECTORATE OF EMERGENCY PRE- Agency, the 10 regional offices of which shall (C) coordinating or, as appropriate, con- PAREDNESS AND RESPONSE. be maintained and strengthened by the De- solidating communications and systems of (a) ESTABLISHMENT.— partment, which shall be maintained as a communications relating to homeland secu- (1) DIRECTORATE.—There is established distinct entity within the Department, ex- rity at all levels of government; within the Department the Directorate of cept that those elements of the Office of Na- (D) directing and supervising terrorism Emergency Preparedness and Response. tional Preparedness of the Federal Emer- preparedness grant programs of the Federal (2) UNDER SECRETARY.—There shall be an gency Management Agency that relate to Government for all emergency response pro- Under Secretary for Emergency Prepared- terrorism shall be transferred to the Office of viders; ness and Response, who shall be appointed by Domestic Preparedness established under (E) incorporating the Strategy priorities the President, by and with the advice and this section. into planning guidance on an agency level consent of the Senate. (2) The National Office of Domestic Pre- for the preparedness efforts of the Office for (b) RESPONSIBILITIES.—The Directorate of paredness of the Federal Bureau of Investiga- Domestic Preparedness; Emergency Preparedness and Response shall tion of the Department of Justice. (F) providing agency-specific training for be responsible for the following: (3) The Office of Domestic Preparedness of agents and analysts within the Department, (1) Carrying out all nonterrorism emer- the Department of Justice. other agencies, and State and local agencies gency preparedness activities carried out by (4) Those elements of the Office of National and international entities; the Federal Emergency Management Agency Preparedness of the Federal Emergency (G) as the lead executive branch agency for before the effective date of this division. Management Agency which relate to ter- preparedness of the United States for acts of (2) Carrying out all terrorism and other rorism, which shall be consolidated within terrorism, cooperating closely with the Fed- hazard response activities carried out by the the Department in the Office for Domestic eral Emergency Management Agency, which Federal Emergency Management Agency be- Preparedness established under this section. shall have the primary responsibility within fore the effective date of this division. (5) The Office of Emergency Preparedness the executive branch to prepare for and miti- (3) Creating a National Crisis Action Cen- within the Office of the Assistant Secretary gate the effects of nonterrorist-related disaster to act as the focal point for— for Public Health Emergency Preparedness ters in the United States; and (A) monitoring emergencies; of the Department of Health and Human (H) assisting and supporting the Secretary, (B) notifying affected agencies and State Services, including— in coordination with other Directorates and and local governments; and (A) the Noble Training Center; entities outside the Department, in con- (C) coordinating Federal support for State (B) the Metropolitan Medical Response ducting appropriate risk analysis and risk and local governments and the private sector System; management activities consistent with the in crises. (C) the Department of Health and Human mission and functions of the Directorate. (4) Managing and updating the Federal re- Services component of the National Disaster (4) FISCAL YEARS 2003 AND 2004.—During fis- sponse plan to ensure the appropriate inte- Medical System; cal year 2003 and fiscal year 2004, the Direc- gration of operational activities of the De- (D) the Disaster Medical Assistance Teams, tor of the Office for Domestic Preparedness partment of Defense, the National Guard, the Veterinary Medical Assistance Teams, established under this section shall manage and other agencies, to respond to acts of ter- and the Disaster Mortuary Operational Re- and carry out those functions of the Office rorism and other disasters. sponse Teams; for Domestic Preparedness of the Depart- (5) Coordinating activities among private (E) the special events response; and ment of Justice (transferred under this sec- sector entities, including entities within the (F) the citizen preparedness programs. tion) before September 11, 2001, under the medical community, and animal health and (6) The Strategic National Stockpile of the same terms, conditions, policies, and au- plant disease communities, with respect to Department of Health and Human Services thorities, and with the required level of per- recovery, consequence management, and including all functions and assets under sec- sonnel, assets, and budget before September planning for continuity of services. tions 121 and 127 of the Public Health Secu- 11, 2001. (6) Developing and managing a single re- rity and Bioterrorism Preparedness and Re- (5) REPORT.—Not later than the submission sponse system for national incidents in co- sponse Act of 2002 (Public Law 107–188). of the fiscal year 2005 budget request, the ordination with all appropriate agencies. (7) The functions of the Select Agent Reg- Secretary shall submit to Congress a de- (7) Coordinating with other agencies nec- istration Program of the Department of tailed report containing a comprehensive, essary to carry out the functions of the Of- Health and Human Services and the United independent analysis, and recommendations fice of Emergency Preparedness. States Department of Agriculture, including

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.096 S19PT1 S8940 CONGRESSIONAL RECORD — SENATE September 19, 2002 all functions of the Secretary of Health and and natural disasters. The analysis shall in- (9) Consulting with the Under Secretary Human Services and the Secretary of Agri- clude an examination of the advantages, dis- for Science and Technology, Secretary of Ag- culture under sections 201 through 221 of the advantages, costs, and benefits of creating a riculture, and the Director of the Centers for Public Health Security and Bioterrorism single office for all hazards preparedness Disease Control and Prevention in estab- Preparedness and Response Act of 2002 (Pub- within the Department. lishing and updating the list of potential lic Law 107–188). (e) REPORT.—Not later than 1 year after threat agents or toxins relating to the func- (d) OFFICE FOR DOMESTIC PREPAREDNESS.— the date of enactment of this Act, the Under tions of the Select Agent Registration Pro- (1) ESTABLISHMENT.—There is established Secretary for Emergency Preparedness and gram transferred under subsection (c)(7). within the Directorate of Emergency Pre- Response shall submit a report to Congress (10) Developing a plan to address the inter- paredness and Response the Office for Do- on the status of a national medical face of medical informatics and the medical mestic Preparedness. informatics system and an agricultural dis- response to terrorism that address— (2) DIRECTOR.—There shall be a Director of ease surveillance system, and the capacity of (A) standards for interoperability; the Office for Domestic Preparedness, who such systems to meet the goals under sub- (B) real-time data collection; shall be appointed by the President, by and section (b)(12) in responding to a terrorist at- (C) ease of use for health care providers; with the advice and consent of the Senate. tack. (D) epidemiological surveillance of disease (f) PREEMPTED PROVISIONS.—Notwith- The Director of the Office for Domestic Pre- outbreaks in human health and agriculture; standing any other provision of this Act, in- paredness shall report directly to the Under (E) integration of telemedicine networks cluding any effective date provision, section Secretary for Emergency Preparedness and and standards; 134 shall not take effect. Response. (F) patient confidentiality; and (3) RESPONSIBILITIES.—The Office for Do- (G) other topics pertinent to the mission of mestic Preparedness shall have the primary SA 4684. Mr. GREGG (for himself, Mr. HOLLINGS, Mr. SHELBY, Mr. HARKIN, Mr. the Department. responsibility within the executive branch of (11) Activate and coordinate the operations STEVENS, Mr. INOUYE, Mr. COCHRAN, Mr. Government for the preparedness of the of the National Disaster Medical System as United States for acts of terrorism, includ- HELMS, Mr. JOHNSON, Mr. SESSIONS, Mr. defined under section 102 of the Public ing— BINGAMAN, Mr. GRASSLEY, Ms. Health Security and Bioterrorism Prepared- (A) coordinating preparedness efforts at LANDRIEU, and Mrs. FEINSTEIN) sub- ness and Response Act of 2002 (Public Law the Federal level, and working with all mitted an amendment intended to be 107–188). State, local, tribal, parish, and private sec- proposed by him to the bill H.R. 5005, (12) Performing such other duties as as- tor emergency response providers on all mat- signed by the Secretary. ters pertaining to combating terrorism, in- to establish the Department of Home- cluding training, exercises, and equipment land Security, and for other purposes; (c) TRANSFER OF AUTHORITIES, FUNCTIONS, support; which was ordered to lie on the table; PERSONNEL, AND ASSETS TO THE DEPART- (B) in keeping with intelligence estimates, as follows: MENT.—The authorities, functions, per- working to ensure adequate strategic and At the appropriate place, insert the fol- sonnel, and assets of the following entities operational planning, equipment, training, lowing: are transferred to the Department: and exercise activities at all levels of gov- SEC. ll. DIRECTORATE OF EMERGENCY PRE- (1) The Federal Emergency Management ernment; PAREDNESS AND RESPONSE. Agency, the 10 regional offices of which shall (C) coordinating or, as appropriate, con- (a) ESTABLISHMENT.— be maintained and strengthened by the De- solidating communications and systems of (1) DIRECTORATE.—There is established partment, which shall be maintained as a communications relating to homeland secu- within the Department the Directorate of distinct entity within the Department, ex- rity at all levels of government; Emergency Preparedness and Response. cept that those elements of the Office of Na- (D) directing and supervising terrorism (2) UNDER SECRETARY.—There shall be an tional Preparedness of the Federal Emer- preparedness grant programs of the Federal Under Secretary for Emergency Prepared- gency Management Agency that relate to Government for all emergency response pro- ness and Response, who shall be appointed by terrorism shall be transferred to the Office of viders; the President, by and with the advice and Domestic Preparedness established under (E) incorporating the Strategy priorities consent of the Senate. this section. into planning guidance on an agency level (b) RESPONSIBILITIES.—The Directorate of (2) The National Office of Domestic Pre- for the preparedness efforts of the Office for Emergency Preparedness and Response shall paredness of the Federal Bureau of Investiga- Domestic Preparedness; be responsible for the following: tion of the Department of Justice. (F) providing agency-specific training for (1) Carrying out all nonterrorism emer- (3) The Office of Domestic Preparedness of agents and analysts within the Department, gency preparedness activities carried out by the Department of Justice. other agencies, and State and local agencies the Federal Emergency Management Agency (4) Those elements of the Office of National and international entities; before the effective date of this division. Preparedness of the Federal Emergency (G) as the lead executive branch agency for (2) Carrying out all terrorism and other Management Agency which relate to ter- preparedness of the United States for acts of hazard response activities carried out by the rorism, which shall be consolidated within terrorism, cooperating closely with the Fed- Federal Emergency Management Agency be- the Department in the Office for Domestic eral Emergency Management Agency, which fore the effective date of this division. Preparedness established under this section. shall have the primary responsibility within (3) Creating a National Crisis Action Cen- (5) The Office of Emergency Preparedness the executive branch to prepare for and miti- ter to act as the focal point for— within the Office of the Assistant Secretary gate the effects of nonterrorist-related disas- (A) monitoring emergencies; for Public Health Emergency Preparedness ters in the United States; and (B) notifying affected agencies and State of the Department of Health and Human (H) assisting and supporting the Secretary, and local governments; and Services, including— in coordination with other Directorates and (C) coordinating Federal support for State (A) the Noble Training Center; entities outside the Department, in con- and local governments and the private sector (B) the Metropolitan Medical Response ducting appropriate risk analysis and risk in crises. System; management activities consistent with the (4) Managing and updating the Federal re- (C) the Department of Health and Human mission and functions of the Directorate. sponse plan to ensure the appropriate inte- Services component of the National Disaster (4) FISCAL YEARS 2003 AND 2004.—During fis- gration of operational activities of the De- Medical System; cal year 2003 and fiscal year 2004, the Direc- partment of Defense, the National Guard, (D) the Disaster Medical Assistance Teams, tor of the Office for Domestic Preparedness and other agencies, to respond to acts of ter- the Veterinary Medical Assistance Teams, established under this section shall manage rorism and other disasters. and the Disaster Mortuary Operational Re- and carry out those functions of the Office (5) Coordinating activities among private sponse Teams; for Domestic Preparedness of the Depart- sector entities, including entities within the (E) the special events response; and ment of Justice (transferred under this sec- medical community, and animal health and (F) the citizen preparedness programs. tion) before September 11, 2001, under the plant disease communities, with respect to (6) The Strategic National Stockpile of the same terms, conditions, policies, and au- recovery, consequence management, and Department of Health and Human Services thorities, and with the required level of per- planning for continuity of services. including all functions and assets under sec- sonnel, assets, and budget before September (6) Developing and managing a single re- tions 121 and 127 of the Public Health Secu- 11, 2001. sponse system for national incidents in co- rity and Bioterrorism Preparedness and Re- (5) REPORT.—Not later than the submission ordination with all appropriate agencies. sponse Act of 2002 (Public Law 107–188). of the fiscal year 2005 budget request, the (7) Coordinating with other agencies nec- (7) The functions of the Select Agent Reg- Secretary shall submit to Congress a de- essary to carry out the functions of the Of- istration Program of the Department of tailed report containing a comprehensive, fice of Emergency Preparedness. Health and Human Services and the United independent analysis, and recommendations (8) Collaborating with, and transferring States Department of Agriculture, including addressing whether there should be a single funds to, the Centers for Disease Control and all functions of the Secretary of Health and office within the Department responsible for Prevention or other agencies for administra- Human Services and the Secretary of Agri- the domestic preparedness of the United tion of the Strategic National Stockpile culture under sections 201 through 221 of the States for all hazards, including terrorism transferred under subsection (c)(6). Public Health Security and Bioterrorism

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Preparedness and Response Act of 2002 (Pub- single office for all hazards preparedness (e) PROCESS.—The Secretary of Agriculture lic Law 107–188). within the Department. and the Secretary of the Interior shall joint- (d) OFFICE FOR DOMESTIC PREPAREDNESS.— (e) REPORT.—Not later than 1 year after ly develop a collaborative process with inter- (1) ESTABLISHMENT.—There is established the date of enactment of this Act, the Under ested parties consistent with the Implemen- within the Directorate of Emergency Pre- Secretary for Emergency Preparedness and tation Plan described in subsection (b) for paredness and Response the Office for Do- Response shall submit a report to Congress the selection of projects carried out under mestic Preparedness. on the status of a national medical this section consistent with subsection (c). (2) DIRECTOR.—There shall be a Director of informatics system and an agricultural dis- Such collaborative process may be the proc- the Office for Domestic Preparedness, who ease surveillance system, and the capacity of ess set forth in title II of the Secure Rural shall be appointed by the President, by and such systems to meet the goals under sub- Schools and Community Self-Determination with the advice and consent of the Senate. section (b)(12) in responding to a terrorist at- Act, Public Law 106–393. The Director of the Office for Domestic Pre- tack. (f) ADMINISTRATIVE PROCESS.— paredness shall report directly to the Under (f) PREEMPTED PROVISIONS.—Notwith- (1) REVIEW.—Projects implemented pursu- Secretary for Emergency Preparedness and standing any other provision of this Act, in- ant to subsection (h) shall not be subject to Response. cluding any effective date provision, section the appeal requirements of the Appeals Re- form Act (section 322 of Public Law 102–381) (3) RESPONSIBILITIES.—The Office for Do- 134 shall not take effect. mestic Preparedness shall have the primary or review by the Department of the Interior responsibility within the executive branch of SA 4685. Mr. BINGAMAN (for himself Board of Lands Appeals. Nothing in this sec- Government for the preparedness of the and Mr. DASCHLE) submitted an amend- tion affects projects for which scoping has United States for acts of terrorism, includ- ment intended to be proposed by him begun prior to enactment of this Act. EGULATIONS.—The Secretary of Agri- ing— to the bill H.R. 5093, making appropria- (2) R culture and the Secretary of the Interior, as (A) coordinating preparedness efforts at tions for the Department of the Inte- appropriate, may promulgate such regula- the Federal level, and working with all rior and related agencies for the fiscal tions as are necessary to implement this sec- State, local, tribal, parish, and private sec- year ending September 30, 2003, and for tor emergency response providers on all mat- tion. (g) CONCLUSIVE PRESUMPTION.—Within— ters pertaining to combating terrorism, in- other purposes; which was ordered to lie on the table; as follows: (1) one-half mile of any community; or cluding training, exercises, and equipment (2) key municipal watersheds identified in At the appropriate place, insert the fol- support; forest plans in which National Environ- lowing: (B) in keeping with intelligence estimates, mental Policy Act documentation and anal- working to ensure adequate strategic and ‘‘SEC. ll ysis has been completed and no new road operational planning, equipment, training, (a) FINDINGS.—Congress finds that: construction is allowed, no timber sales are and exercise activities at all levels of gov- (1) In 2002 approximately six and one half allowed, and no log skidding machines are ernment; million acres of forest lands in the United allowed, unless there are extraordinary cir- (C) coordinating or, as appropriate, con- States have burned, 21 people have lost their cumstances, hazardous fuels reduction ac- solidating communications and systems of lives, and 3,079 structures have been de- tions authorized by subsection (h) are con- communications relating to homeland secu- stroyed. The Forest Service and the Bureau clusively determined to be categorically ex- rity at all levels of government; of Land Management have spent more than cluded from further analysis under the Na- (D) directing and supervising terrorism $1 billion fighting these fires. tional Environmental Policy Act, and the preparedness grant programs of the Federal (2) 73 million acres of public lands are clas- Secretary of Agriculture or the Secretary of Government for all emergency response pro- sified as class 3 fire risks. This includes 23 the Interior, as appropriate, need not make viders; million acres that are in strategic areas des- any findings as to whether the projects indi- (E) incorporating the Strategy priorities ignated by the Forest Service and the De- vidually or cumulatively have a significant into planning guidance on an agency level partment of the Interior for emergency effect on the human environment. This con- for the preparedness efforts of the Office for treatment to withstand catastrophic fire. clusive determination shall apply in any ju- Domestic Preparedness; (3) The forest management policy of fire dicial proceeding brought to enforce the Na- (F) providing agency-specific training for suppression has resulted in an accumulation tional Environmental Policy Act pursuant to agents and analysts within the Department, of fuel loads, dead and dying trees, and non- this section. other agencies, and State and local agencies native species that creates fuel ladders (h) CATEGORICAL EXCLUSIONS.—(1) Subject and international entities; which allow fires to reach the crowns of to paragraph (2), until September 30, 2003, (G) as the lead executive branch agency for large old trees and cause catastrophic fire. the Secretary of Agriculture and the Sec- preparedness of the United States for acts of (4) The Forest Service and the Department retary of the Interior may categorically ex- terrorism, cooperating closely with the Fed- of Interior should immediately undertake an clude a proposed hazardous fuels reduction eral Emergency Management Agency, which emergency forest grooming program to reaction, including prescribed fire, from docu- shall have the primary responsibility within duce the risk of catastrophic fire. mentation in an environmental impact the executive branch to prepare for and miti- (b) IN GENERAL.—The Secretary of Agri- statement or environmental assessment if gate the effects of nonterrorist-related disas- culture and the Secretary of the Interior the proposed hazardous fuels reduction ac- ters in the United States; and shall conduct immediately and to completion is located on lands identified as condi- (H) assisting and supporting the Secretary, tion projects consistent with the Implemen- tion class 3 as determined by the Secretary in coordination with other Directorates and tation Plan for the 10-year Comprehensive of Agriculture and the Secretary of the Inte- entities outside the Department, in con- Strategy for a Collaborative Approach for rior and pursuant to scientific mapping sur- ducting appropriate risk analysis and risk Reducing Wildland Fire Risks to Commu- veys and removes no more than 250,000 board management activities consistent with the nities and the Environment, dated May 2002, feet of merchantable wood products or re- mission and functions of the Directorate. developed pursuant to the Conference Report moves as salvage 1,000,000 board feet or less (4) FISCAL YEARS 2003 AND 2004.—During fis- to the Department of the Interior and Re- of merchantable wood products and assures cal year 2003 and fiscal year 2004, the Direc- lated Agencies Appropriations Act, FY 2001 regeneration of harvested or salvaged areas. tor of the Office for Domestic Preparedness (H. Rept. 106–646) to reduce hazardous fuels. (2) Scoping is required on all actions pro- established under this section shall manage Any project carried out pursuant to this sec- posed pursuant to this subsection. and carry out those functions of the Office tion shall be consistent with the applicable (i) EXTRAORDINARY CIRCUMSTANCES.—For for Domestic Preparedness of the Depart- forest plan, resource management plan, or all projects implemented pursuant to this ment of Justice (transferred under this sec- other applicable agency plans. section, if there are extraordinary cir- tion) before September 11, 2001, under the (c) PRIORITY.—In implementing projects cumstances, the Secretary of Agriculture same terms, conditions, policies, and au- under this section, the Secretary of Agri- and the Secretary of the Interior shall follow thorities, and with the required level of per- culture and the Secretary of the Interior agency procedures related to categorical ex- sonnel, assets, and budget before September shall give highest priority to— clusions and extraordinary circumstances. 11, 2001. (1) wildland urban interface areas; (j) REDUCE FIRE RISK.—In order to ensure (5) REPORT.—Not later than the submission (2) municipal watersheds; or that the agencies are implementing projects of the fiscal year 2005 budget request, the (3) forested or rangeland areas affected by that reduce the risk of unnaturally intense Secretary shall submit to Congress a de- disease, insect activity, wind throw, or areas wildfires, the Secretary of Agriculture and tailed report containing a comprehensive, subject to catastrophic reburn the Secretary of the Interior— independent analysis, and recommendations (d) ACREAGE LIMITATION.—In implementing (1) shall not construct new roads in any addressing whether there should be a single this section, the Secretary of Agriculture inventoried roadless areas part of any office within the Department responsible for and the Secretary of the Interior shall treat project implemented pursuant to this sec- the domestic preparedness of the United an aggregate area of not more than 2.5 mil- tion; States for all hazards, including terrorism lion acres of federal land. This amount is in (2) shall, at their discretion, maintain an and natural disasters. The analysis shall in- addition to the existing hazardous fueled re- ecologically sufficient number of old and clude an examination of the advantages, dis- duction program that treats approximately large trees appropriate for each ecosystem advantages, costs, and benefits of creating a 2.5 million acres each year. type and shall focus on thinning from below

VerDate Sep 04 2002 05:07 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.100 S19PT1 S8942 CONGRESSIONAL RECORD — SENATE September 19, 2002 for all projects implemented pursuant to this the foreign country in which or under the and nationality law to all high volume ports section; law of which the entity is created or orga- of entry in the United States to assist in the (3) for projects involving key municipal nized when compared to the total business inspection of applicants for entry to the watersheds, must protect or enhance water activities of such expanded affiliated group. United States. For other ports of entry, the quality or water quantity available in the (c) DEFINITIONS AND SPECIAL RULES.—For Under Secretary shall take steps to ensure area; and purposes of this section— that such officers participate in the inspec- (4) must deposit in the Treasury of the (1) RULES FOR APPLICATION OF SUBSECTION tions process. Such officers shall ensure that United States all revenues and receipts gen- (b).—In applying subsection (b) for purposes the inspections policies and procedures re- erated from projects implemented pursuant of subsection (a), the following rules shall garding applicants for entry to the United to this section. apply: States are consistent with the immigration (k) HAZARDOUS FUELS REDUCTION FUNDING (A) CERTAIN STOCK DISREGARDED.—There and nationality laws of the United States. FOCUS.—In order to focus hazardous fuels re- shall not be taken into account in deter- (d) TRAINING FOR BORDER PATROL AND IN- duction activities on the highest priority mining ownership for purposes of subsection SPECTORS.—The Under Secretary for Immi- areas where critical issues of human safety (b)(2)— gration Affairs, in consultation with the and property loss are the most serious and (i) stock held by members of the expanded Under Secretary for Border and Transpor- within key municipal watersheds identified affiliated group which includes the foreign tation Protection, will provide timely and in forest plans, the Secretary of Agriculture incorporated entity, or ongoing training in immigration and nation- and the Secretary of the Interior shall ex- (ii) stock of such entity which is sold in a ality law to personnel performing the border pend all of the hazardous fuels operations public offering related to the acquisition de- patrol and inspections functions in the Bor- funds provided in this Act only on projects in scribed in subsection (b)(1). der and Transportation Protection Direc- areas identified as condition class 3 as de- (B) PLAN DEEMED IN CERTAIN CASES.—If a torate. fined in subsection (h) and at least seventy foreign incorporated entity acquires directly percent of the hazardous fuels operations or indirectly substantially all of the prop- SA 4688. Mr. KENNEDY submitted an funds provided in this Act only on projects erties of a domestic corporation or partner- amendment intended to be proposed by within one-half mile of any community or ship during the 4-year period beginning on him to the bill H.R. 5005, to establish within key municipal watersheds identified the date which is 2 years before the owner- the Department of Homeland Security, in forest plans. Nothing in this subsection ship requirements of subsection (b)(2) are and for other purposes; which was or- will affect projects for which scoping has met, such actions shall be treated as pursu- begun prior to enactment of this Act. ant to a plan. dered to lie on the table; as follows: (l) COMMUNITIES.—At least ten percent of (C) CERTAIN TRANSFERS DISREGARDED.—The Strike title XIII and insert the following: the hazardous fuels operations funds pro- transfer of properties or liabilities (including TITLE XIII—EXECUTIVE OFFICE FOR vided in this Act shall be spent on projects by contribution or distribution) shall be dis- IMMIGRATION REVIEW that benefit small businesses that uses haz- regarded if such transfers are part of a plan SEC. 1301. ESTABLISHMENT. ardous fuels and are located in small, eco- a principal purpose of which is to avoid the (a) IN GENERAL.—There is within the De- nomically disadvantaged communities. purposes of this section. partment of Justice the Executive Office for (m) MONITORING.—(1) The Secretary of Ag- (D) SPECIAL RULE FOR RELATED PARTNER- riculture and the Secretary of the Interior Immigration Review. SHIPS.—For purposes of applying subsection (b) STATUTORY CONSTRUCTION.—Nothing in shall establish a multiparty monitoring (b) to the acquisition of a domestic partner- title XI, or any amendment made by that process in order to assess a representative ship, except as provided in regulations, all title, may be construed to authorize or re- sampling of the projects implemented pursu- partnerships which are under common con- quire the transfer or delegation of any func- ant to this section. trol (within the meaning of section 482 of the (2) Funds to implement this subsection tion vested in, or exercised by, the Executive Internal Revenue Code of 1986) shall be treat- Office for Immigration Review of the Depart- shall be derived from hazardous fuels reduced as 1 partnership. tion funds. ment of Justice, or any officer, employee, or (E) TREATMENT OF CERTAIN RIGHTS.—The component thereof, immediately prior to the Secretary shall prescribe such regulations as SA 4686. Mr. WELLSTONE submitted effective date of title XI. may be necessary— SEC. 1302. DIRECTOR OF THE AGENCY. an amendment intended to be proposed (i) to treat warrants, options, contracts to by him to the bill H.R. 5005, to estab- (a) APPOINTMENT.—There shall be at the acquire stock, convertible debt instruments, head of the Executive Office for Immigration lish the Department of Homeland Secu- and other similar interests as stock, and Review a Director who shall be appointed by rity, and for other purposes; which was (ii) to treat stock as not stock. the President, by and with the advice and ordered to lie on the table; as follows: (2) EXPANDED AFFILIATED GROUP.—The term consent of the Senate. ‘‘expanded affiliated group’’ means an affili- At the appropriate place insert the fol- (b) OFFICES.—The Director shall appoint a lowing: ated group as defined in section 1504(a) of the Deputy Director, General Counsel, Pro Bono Internal Revenue Code of 1986 (without re- ll Coordinator, and other offices as may be nec- SEC. . PROHIBITION ON CONTRACTS WITH gard to section 1504(b) of such Code), except CORPORATE EXPATRIATES. essary to carry out this title. that section 1504(a) of such Code shall be ap- (a) IN GENERAL.—The Secretary may not (c) RESPONSIBILITIES.—The Director shall— enter into any contract with a foreign incor- plied by substituting ‘‘more than 50 percent’’ (1) administer the Executive Office for Im- porated entity which is treated as an infor ‘‘at least 80 percent’’ each place it ap- migration Review and be responsible for the verted domestic corporation under sub- pears. promulgation of rules and regulations affect- section (b), or any subsidiary of such entity. (3) FOREIGN INCORPORATED ENTITY.—The ing the agency; and (b) INVERTED DOMESTIC CORPORATION.—For term ‘‘foreign incorporated entity’’ means (2) appoint and fix the compensation of at- purposes of this section, a foreign incor- any entity which is, or but for subsection (b) torneys, clerks, administrative assistants, porated entity shall be treated as an in- would be, treated as a foreign corporation for and other personnel as may be necessary. purposes of the Internal Revenue Code of verted domestic corporation if, pursuant to a SEC. 1303. BOARD OF IMMIGRATION APPEALS. 1986. plan (or a series of related transactions)— (a) IN GENERAL.—The Board of Immigra- (4) OTHER DEFINITIONS.—The terms ‘‘per- (1) the entity has completed the direct or tion Appeals (in this title referred to as the son’’, ‘‘domestic’’, and ‘‘foreign’’ have the indirect acquisition of substantially all of ‘‘Board’’) shall perform the appellate func- meanings given such terms by paragraphs the properties held directly or indirectly by tions of the Executive Office for Immigra- (1), (4), and (5) of section 7701(a) of the Inter- a domestic corporation or substantially all tion Review. The Board shall consist of a nal Revenue Code of 1986, respectively. of the properties constituting a trade or Chair and not less than 14 other immigration (d) WAIVER.—The President may waive sub- business of a domestic partnership, section (a) with respect to any specific con- appeals judges. (2) after the acquisition at least 50 percent PPOINTMENT.—Members of the Board tract if the President certifies to Congress (b) A of the stock (by vote or value) of the entity that the waiver is required in the interest of shall be appointed by the Attorney General, is held— national security. in consultation with the Director and the (A) in the case of an acquisition with re- Chair of the Board of Immigration Appeals. spect to a domestic corporation, by former SA 4687. Mr. KENNEDY submitted an (c) QUALIFICATIONS.—The Chair and each shareholders of the domestic corporation by amendment intended to be proposed by other Member of the Board shall be an attor- reason of holding stock in the domestic cor- him to the bill H.R. 5005, to establish ney in good standing of a bar of a State or poration, or the District of Columbia and shall have at (B) in the case of an acquisition with re- the Department of Homeland Security, least 7 years of pertinent legal expertise. spect to a domestic partnership, by former and for other purposes; which was or- (d) JURISDICTION.— partners of the domestic partnership by rea- dered to lie on the table; as follows: (1) IN GENERAL.—The Board shall have such son of holding a capital or profits interest in At the appropriate place, add the fol- jurisdiction as was, prior to the date of en- the domestic partnership, and lowing: actment of this Act, provided by statute or (3) the expanded affiliated group which (c) INSPECTIONS.—The Under Secretary for regulation to the Board of Immigration Ap- after the acquisition includes the entity does Immigration Affairs shall assign officers peals (as in effect under the Executive Office not have substantial business activities in with expertise and training in immigration of Immigration Review).

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(2) DE NOVO REVIEW.—The Board shall have In section 301, subsection h, by striking such town or township to undertake or to as- de novo review of any decision by an immi- ‘‘(2) The’’ and replacing it with ‘‘(2) Except sist in the performance of homeland security gration judge, including any final order of as provided in paragraph (3), the’’ and by objectives. removal. adding a new paragraph, following the para- (3) FEDERAL GRANT-IN-AID PROGRAM.—The (e) INDEPENDENCE OF BOARD MEMBERS.— graph numbered (2), to read as follows: ‘‘(3) term ‘‘Federal grant-in-aid program’’ means The Members of the Board shall exercise Notwithstanding any other provision of law, a program of Federal financial assistance their independent judgment and discretion in the Secretary of the Department of Treasury other than loans and other than the assist- the cases coming before the Board. shall be responsible for all of the activities ance provided by this title. (f) REFERRAL OF CASES TO THE ATTORNEY related to the collection of tax and revenue, (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ GENERAL.— promulgation of regulations, and assessment means any Indian tribe, band, group, and na- (1) IN GENERAL.—The Board shall refer to of penalties related to alcohol and tobacco. tion, including Alaska Indians, Aleuts, and the Attorney General for review of any case The authorities, functions, personnel and as- Eskimos, and any Alaskan Native Village, of that— sets of Department of Treasury employees the United States, which is considered an eli- (A) the Attorney General directs the Board engaged in the collection of tax and revenue, gible recipient under the Indian Self-Deter- to refer to the Attorney General; promulgation of regulations, and assessment mination and Education Assistance Act (B) the Chairman or a majority of the of penalties related to alcohol and tobacco at (Public Law 93–638) or was considered an eli- Board believes should be referred to the At- the time of enactment of this legislation gible recipient under chapter 67 of title 31, torney General for review; or shall be retained within the Department of United States Code, prior to the repeal of (C) the Under Secretary of Homeland Secu- Treasury, but employees engaged in the such chapter. rity for Immigration Affairs requests be re- criminal investigation of violations of laws (5) METROPOLITAN AREA.—The term ‘‘met- ferred to the Attorney General for review. related to alcohol and tobacco shall be trans- ropolitan area’’ means a standard metropoli- (2) DECISION OF THE ATTORNEY GENERAL.—In ferred to the Department of Justice in ac- tan statistical area as established by the Of- any case in which the Attorney General re- cordance with sections 201 and 301 of this fice of Management and Budget. views the decision of the Board, the decision act.’’ (6) METROPOLITAN CITY.— of the Attorney General shall be stated in (A) IN GENERAL.—The term ‘‘metropolitan writing and shall be transmitted to the SA 4690. Mrs. CLINTON submitted an city’’ means— Board for transmittal and service as pro- amendment intended to be proposed to (i) a city within a metropolitan area that vided by regulations. amendment SA 4619 submitted by Mr. is the central city of such area, as defined SEC. 1304. CHIEF IMMIGRATION JUDGE. JEFFORDS (for himself, Mr. SMITH of and used by the Office of Management and (a) ESTABLISHMENT OF OFFICE.—There shall New Hampshire, and Ms. SNOWE) and Budget; or be within the Executive Office for Immigra- intended to be proposed to the amend- (ii) any other city, within a metropolitan tion Review the position of Chief Immigra- ment SA 4471 proposed by Mr. area, which has a population of fifty thou- tion Judge, who shall administer the immi- sand or more. LIEBERMAN to the bill H.R. 5005, to es- gration courts. (B) PERIOD OF CLASSIFICATION.—Any city (b) DUTIES OF THE CHIEF IMMIGRATION tablish the Department of Homeland that was classified as a metropolitan city for JUDGE.—The Chief Immigration Judge shall Security, and for other purposes; which at least 2 years pursuant to subparagraph (A) be responsible for the general supervision, was ordered to lie on the table; as fol- shall remain classified as a metropolitan direction, and procurement of resource and lows: city. Any unit of general local government facilities and for the general management of In lieu of the matter proposed to be in- that becomes eligible to be classified as a immigration court dockets. serted, insert the following: metropolitan city, and was not classified as (c) APPOINTMENT OF IMMIGRATION JUDGES.— a metropolitan city in the immediately pre- TITLE ll—DISASTER RELIEF AND Immigration judges shall be appointed by ceding fiscal year, may, upon submission of EMERGENCY ASSISTANCE the Attorney General, in consultation with written notification to the Director, defer its the Director and the Chief Immigration SEC. ll01. SHORT TITLE. classification as a metropolitan city for all Judge. This title may be cited as the ‘‘Homeland purposes under this title, if it elects to have (d) QUALIFICATIONS.—Each immigration Security Block Grant Act of 2002’’. its population included in an urban county judge, including the Chief Immigration SEC. ll02. FINDINGS. under subsection (d). Judge, shall be an attorney in good standing Congress makes the following findings: (C) ELECTION BY A CITY.—Notwithstanding of a bar of a State or the District of Colum- (1) In the wake of the September 11, 2001, subparagraph (B), a city may elect not to re- bia and shall have at least 7 years of perti- terrorist attacks on our country, commu- tain its classification as a metropolitan city. nent legal expertise. nities all across American now find them- Any unit of general local government that (e) JURISDICTION AND AUTHORITY OF IMMI- selves on the front lines in the war against was classified as a metropolitan city in any GRATION COURTS.—The immigration courts terrorism on United States soil. year, may, upon submission of written noti- shall have such jurisdiction as was, prior to (2) We recognize that these communities fication to the Director, relinquish such clas- the date of enactment of this Act, provided will be forced to shoulder a significant por- sification for all purposes under this title if by statute or regulation to the immigration tion of the burden that goes along with that it elects to have its population included with courts within the Executive Office for Immi- responsibility. We believe that local govern- the population of a county for purposes of gration Review of the Department of Justice. ments should not have to bear that responsi- qualifying for assistance (for such following (f) INDEPENDENCE OF IMMIGRATION bility alone. fiscal year) under section ll05(e) as an JUDGES.—The immigration judges shall exer- (3) Our homeland defense will only be as urban county. cise their independent judgment and discre- strong as the weakest link at the State and (7) NONQUALIFYING COMMUNITY.—The term tion in the cases coming before the Immigra- local level. By providing our communities ‘‘nonqualifying community’’ means an area tion Court. with the resources and tools they need to that is not a metropolitan city or part of an SEC. 1305. CHIEF ADMINISTRATIVE HEARING OF- bolster emergency response efforts and pro- urban county and does not include Indian FICER. vide for other emergency response initia- tribes. (a) ESTABLISHMENT OF POSITION.—There tives, we will have a better-prepared home (8) POPULATION.—The term ‘‘population’’ shall be within the Executive Office for Im- front and a stronger America. means total resident population based on migration Review the position of Chief Ad- SEC. ll03. DEFINITIONS. data compiled by the United States Bureau ministrative Hearing Officer. (a) DEFINITIONS.—In this title: of the Census and referable to the same point (b) DUTIES OF THE CHIEF ADMINISTRATIVE (1) DIRECTOR.—The term ‘‘Director’’ means or period of time. HEARING OFFICER.—The Chief Administrative the Director of the Federal Emergency Man- (9) STATE.—The term ‘‘State’’ means any Hearing Officer shall hear cases brought agement Agency (FEMA). State of the United States, or any instru- under sections 274A, 274B, and 274C of the Im- (2) CITY.—The term ‘‘city’’ means— mentality thereof approved by the Governor; migration and Nationality Act. (A) any unit of general local government and the Commonwealth of Puerto Rico, the SEC. 1306. AUTHORIZATION OF APPROPRIATIONS. that is classified as a municipality by the United States Virgin Islands, American There are authorized to be appropriated to United States Bureau of the Census; or Samoa, Guam, and the Northern Mariana Is- the Executive Office for Immigration Review (B) any other unit of general local govern- lands. such sums as may be necessary to carry out ment that is a town or township and which, (10) UNIT OF GENERAL LOCAL GOVERNMENT.— this title. in the determination of the Director— The term ‘‘unit of general local government’’ (i) possesses powers and performs functions means any city, county, town, township, par- SA 4689. Mr. GRASSLEY submitted comparable to those associated with munici- ish, village, or other general purpose politan amendment intended to be proposed palities; ical subdivision of a State; a combination of (ii) is closely settled; and such political subdivisions is recognized by by him to the bill H.R. 5005, to estab- (iii) contains within its boundaries no in- the Director; and the District of Columbia. lish the Department of Homeland Secu- corporated places as defined by the United (11) URBAN COUNTY.—The term ‘‘urban rity, and for other purposes; which was States Bureau of the Census that have not county’’ means any county within a metro- ordered to lie on the table; as follows: entered into cooperation agreements with politan area.

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(b) BASIS AND MODIFICATION OF DEFINI- shall have provided the Director with the conformance to the method of distribution TIONS.—Where appropriate, the definitions in certifications required in subsection (b) and, described in its statement, whether the subsection (a) shall be based, with respect to where appropriate, subsection (c). In the case State has carried out its certifications in any fiscal year, on the most recent data of metropolitan cities and urban counties re- compliance with the requirements of this compiled by the United States Bureau of the ceiving grants pursuant to section ll07(b) title and other applicable laws, and whether Census and the latest published reports of and in the case of units of general local gov- the State has made such reviews and audits the Office of Management and Budget avail- ernment receiving grants pursuant to sec- of the units of general local government as able ninety days prior to the beginning of tion ll07(d)(2), the statement of projected may be necessary or appropriate to deter- such fiscal year. The Director may by regu- use of funds shall consist of proposed home- mine whether they have satisfied the appli- lation change or otherwise modify the mean- land security activities. In the case of States cable performance criteria described in sub- ing of the terms defined in subsection (a) in receiving grants pursuant to section paragraph (A). order to reflect any technical change or ll07(d), the statement of projected use of (3) ADJUSTMENTS.—The Director may make modification thereof made subsequent to funds shall consist of the method by which appropriate adjustments in the amount of such date by the United States Bureau of the the States will distribute funds to units of the annual grants in accordance with the Di- Census or the Office of Management and general local government. In preparing the rector’s findings under this subsection. With Budget. statement, the grantee shall consider any respect to assistance made available to units (c) DESIGNATION OF PUBLIC AGENCIES.—One view of appropriate law enforcement, and of general local government under section or more public agencies, including existing emergency response authorities and may, if ll07(d), the Director may adjust, reduce, or local public agencies, may be designated by deemed appropriate by the grantee, modify withdraw such assistance, or take other ac- the chief executive officer of a State or a the proposed statement. A copy of the final tion as appropriate in accordance with the unit of general local government to under- statement shall be furnished to the Director, Director’s reviews and audits under this sub- take activities assisted under this title. the Attorney General, and the Office of section, except that funds already expended (d) LOCAL GOVERNMENTS, INCLUSION IN Homeland Security together with the certifi- on eligible activities under this title shall URBAN COUNTY POPULATION.—With respect to cations required under subsection (b) and, not be recaptured or deducted from future program years beginning with the program where appropriate, subsection (c). Any final assistance to such units of general local gov- year for which grants are made available statement of activities may be modified or ernment. from amounts appropriated for fiscal year amended from time to time by the grantee in (d) AUDITS.—Insofar as they relate to funds accordance with the same procedures re- 2002 under section ll04, the population of provided under this title, the financial trans- quired in this paragraph for the preparation any unit of general local government which actions of recipients of such funds may be and submission of such statement. is included in that of an urban county as pro- audited by the General Accounting Office vided in subsection (a)(11) shall be included (b) CERTIFICATION OF ENUMERATED CRITERIA BY GRANTEE TO SECRETARY.—Any grant under such rules and regulations as may be in the population of such urban county for prescribed by the Comptroller General of the three program years beginning with the pro- under section ll07 shall be made only if the grantee certifies to the satisfaction of the United States. The representatives of the gram year in which its population was first General Accounting Office shall have access so included and shall not otherwise be eligi- Director that— (1) it has developed a homeland security to all books, accounts, records, reports, files, ble for a grant as a separate entity, unless and other papers, things, or property belong- the urban county does not receive a grant for plan pursuant to section ll05 that identifies both short- and long-term homeland se- ing to or in use by such recipients pertaining any year during such three-year period. to such financial transactions and necessary (e) URBAN COUNTY.—Any county seeking curity needs that have been developed in ac- to facilitate the audit. qualification as an urban county, including cordance with the primary objective and re- (e) METROPOLITAN CITY AS PART OF URBAN any urban county seeking to continue such quirements of this title; and COUNTY.—In any case in which a metropoli- qualification, shall notify, as provided in (2) the grantee will comply with the other tan city is located, in whole or in part, with- this subsection, each unit of general local provisions of this title and with other appli- in an urban county, the Director may, upon government, which is included therein and is cable laws. the joint request of such city and county, ap- eligible to elect to have its population ex- (c) SUBMISSION OF ANNUAL PERFORMANCE prove the inclusion of the metropolitan city cluded from that of an urban county, of its REPORTS, AUDITS AND ADJUSTMENTS.— as part of the urban county for purposes of opportunity to make such an election. Such (1) IN GENERAL.—Each grantee shall submit submitting a statement under section 05 notification shall, at a time and in a manner to the Director, at a time determined by the ll and carrying out activities under this title. prescribed by the Director, be provided so as Director, a performance and evaluation re- to provide a reasonable period for response port concerning the use of funds made avail- SEC. ll06. ACTIVITIES ELIGIBLE FOR ASSIST- prior to the period for which such qualifica- able under section ll07, together with an ANCE. tion is sought. The population of any unit of assessment by the grantee of the relation- (a) IN GENERAL.—Activities assisted under general local government which is provided ship of such use to the objectives identified this title may include only— such notification and which does not inform, in the grantee’s statement under subsection (1) funding additional law enforcement, at a time and in a manner prescribed by the (a). The Director shall encourage and assist fire, and emergency resources, including cov- Director, the county of its election to ex- national associations of grantees eligible ering overtime expenses; clude its population from that of the county under section ll07, national associations of (2) purchasing and refurbishing personal shall, if the county qualifies as an urban States, and national associations of units of protective equipment for fire, police, and county, be included in the population of such general local government in nonqualifying emergency personnel and acquire state-of- urban county as provided in subsection (d). areas to develop and recommend to the Di- the-art technology to improve communica- SEC. ll04. GRANTS TO STATES, UNITS OF GEN- rector, within 1 year after the effective date tion and streamline efforts; ERAL LOCAL GOVERNMENT AND IN- of this sentence, uniform recordkeeping, per- (3) improving cyber and infrastructure se- DIAN TRIBES; AUTHORIZATIONS. formance reporting, evaluation reporting, curity by improving— The Director, working in consultation with and auditing requirements for such grantees, (A) security for water treatment plants, the Attorney General is authorized to make States, and units of general local govern- distribution systems, and other water infra- grants to States, units of general local gov- ment, respectively. Based on the Director’s structure; nuclear power plants and other ernment, and Indian tribes to carry out ac- approval of these recommendations, the Di- power infrastructure; tivities in accordance with the provisions of rector shall establish such requirements for (B) security for tunnels and bridges; this title. For purposes of assistance under use by such grantees, States, and units of (C) security for oil and gas pipelines and section ll07, there is authorized to be ap- general local government. storage facilities; and propriated $3,000,000,000 for each of fiscal (2) REVIEWS AND AUDITS.—The Director (D) security for chemical plants and trans- years 2003 through 2006, and such additional shall, at least on an annual basis, make such portation of hazardous substances; sums as are authorized thereafter. For pur- reviews and audits as may be necessary or (4) assisting Local Emergency Planning poses of assistance under section ll08, appropriate to determine— Committees so that local public agencies can there is authorized to be appropriated (A) in the case of grants made under sec- design, review, and improve disaster re- $500,000,000 in fiscal year 2003, and such sums tion ll07(b), whether the grantee has car- sponse systems; as are authorized thereafter. ried out its activities and, where applicable, (5) assisting communities in coordinating SEC. ll05. STATEMENT OF ACTIVITIES AND RE- whether the grantee has carried out those their efforts and sharing information with VIEW. activities and its certifications in accord- all relevant agencies involved in responding (a) APPLICATION.—Prior to the receipt in ance with the requirements and the primary to terrorist attacks; any fiscal year of a grant under section objectives of this title and with other appli- (6) establishing timely notification sys- ll07(b) by any metropolitan city or urban cable laws, and whether the grantee has a tems that enable communities to commu- county, under section ll07(d) by any State, continuing capacity to carry out those ac- nicate with each other when a threat or under section ll07(d)(2) by any unit of tivities in a timely manner; and emerges; general local government, the grantee shall (B) in the case of grants to States made (7) improving communication systems to have indicated its interest in receiving funds under section ll07(d), whether the State provide information to the public in a timely by preparing a statement of homeland secu- has distributed funds to units of general manner about the facts of any threat and the rity objectives and projected use of funds and local government in a timely manner and in precautions the public should take; and

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.120 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8945 (8) devising a homeland security plan, in- ty would otherwise be included in computing (C) such city and county agree to such cluding determining long-term goals and the amount for such urban county under this transfer of responsibility for the administra- short-term objectives, evaluating the section, and if the part of such unit of local tion of such amounts. progress of the plan, and carrying out the government that is not within the bound- (d) ALLOCATION TO STATES ON BEHALF OF management, coordination, and monitoring aries of such urban county is not included as NON-QUALIFYING COMMUNITIES.— of activities necessary for effective planning a part of any other unit of local government (1) IN GENERAL.—Of the amount approved implementation. for the purpose of this section. Any amount in an appropriation Act under section ll04 SEC. ll07. ALLOCATION AND DISTRIBUTION OF received by such urban county under this that remains after allocations pursuant to FUNDS. section may be used with respect to the part paragraphs (1) and (2) of subsection (a), 30 (a) ALLOCATION AND DISTRIBUTION OF of such unit of local government that is out- percent shall be allocated among the States FUNDS; SET-ASIDE FOR INDIAN TRIBES.— side the boundaries of such urban county. for use in nonqualifying areas. The allocation for each State shall be based on the pop- (1) ALLOCATION.—For each fiscal year, of (5) POPULATION.—(A) Where data are avail- the amount approved in an appropriation able, the amount determined under para- ulation of that State, relative to the popu- Act under section ll04 for grants in a year graph (1) for a metropolitan city that has lations of all States, excluding the population of qualifying communities. The Direc- (excluding the amounts provided for use in been formed by the consolidation of one or tor shall, in order to compensate for the dis- accordance with section ll06), the Director more metropolitan cities with an urban crepancy between the total of the amounts shall reserve for grants to Indian tribes 1 county shall be equal to the sum of the to be allocated under this paragraph and the percent of the amount appropriated under amounts that would have been determined total of the amounts available under such such section. The Director shall provide for under paragraph (1) for the metropolitan city distribution of amounts under this para- paragraph, make a pro rata reduction of each or cities and the balance of the consolidated amount allocated to the nonqualifying com- graph to Indian tribes on the basis of a com- government, if such consolidation had not petition conducted pursuant to specific cri- munities in each State under such paragraph occurred. This paragraph shall apply only to so that the nonqualifying communities in teria for the selection of Indian tribes to re- any consolidation that— ceive such amounts. The criteria shall be each State will receive an amount that rep- (i) included all metropolitan cities that re- resents the same percentage of the total contained in a regulation promulgated by ceived grants under this section for the fiscal amount available under such paragraph as the Director after notice and public com- year preceding such consolidation and that the percentage which the nonqualifying ment. were located within the urban county; areas of the same State would have received (2) REMAINING ALLOCATION.—Of the amount (ii) included the entire urban county that under such paragraph if the total amount remaining after allocations pursuant to received a grant under this section for the available under such paragraph had equaled paragraph (1), 70 percent shall be allocated fiscal year preceding such consolidation; and the total amount which was allocated under by the Director to metropolitan cities and (iii) took place on or after January 1, 2002. such paragraph. urban counties. Except as otherwise specifi- (B) The population growth rate of all met- (2) DISTRIBUTION.—(A) Amounts allocated cally authorized, each metropolitan city and ropolitan cities referred to in section ll03 under paragraph (1) shall be distributed to urban county shall be entitled to an annual shall be based on the population of— units of general local government located in grant, to the extent authorized beyond fiscal (i) metropolitan cities other than consoli- nonqualifying areas of the State to carry out year 2002, from such allocation in an amount dated governments the grant for which is de- activities in accordance with the provisions not exceeding its basic amount computed termined under this paragraph; and of this title— pursuant to paragraph (1) or (2) of subsection (ii) cities that were metropolitan cities be- (i) by a State that has elected, in such (b). fore their incorporation into consolidated manner and at such time as the Director (b) COMPUTATION OF AMOUNT ALLOCATED TO governments. For purposes of calculating the shall prescribe, to distribute such amounts METROPOLITAN CITIES AND URBAN COUNTIES.— entitlement share for the balance of the con- consistent with the statement submitted (1) IN GENERAL.—The Director shall deter- solidated government under this paragraph, under section ll05(a); or mine the amount to be allocated to each the entire balance shall be considered to (ii) by the Director, in any case described metropolitan city based on the population of have been an urban county. in subparagraph (B), for use by units of gen- that metropolitan city. eral local government in accordance with (2) URBAN COUNTIES.—The Director shall (c) REALLOCATION.— paragraph (3)(B). determine the amount to be allocated to (1) IN GENERAL.—Except as provided in (B) The Director shall distribute amounts each urban county based on the population paragraph (2), any amounts allocated to a allocated under paragraph (1) if the State of that urban county. metropolitan city or an urban county pursu- has not elected to distribute such amounts. (3) EXCLUSIONS.—In computing amounts or ant to the preceding provisions of this sec- (C) To receive and distribute amounts allo- exclusions under this section with respect to tion that are not received by the city or cated under paragraph (1), the State must any urban county, there shall be excluded county for a fiscal year because of failure to certify that it, with respect to units of gen- units of general local government located in meet the requirements of subsections (a) and eral local government in nonqualifying the county the populations that are not (b) of section ll05, or that otherwise be- areas— counted in determining the eligibility of the came available, shall be reallocated in the (i) provides or will provide technical assist- urban county to receive a grant under this succeeding fiscal year to the other metro- ance to units of general local government in subsection, except that there shall be in- politan cities and urban counties in the same connection with homeland security initia- cluded any independent city (as defined by metropolitan area that certify to the satis- tives; the Bureau of the Census) which— faction of the Director that they would be (ii) will not refuse to distribute such (A) is not part of any county; adversely affected by the loss of such amounts to any unit of general local govern- (B) is not eligible for a grant pursuant to amounts from the metropolitan area. The ment on the basis of the particular eligible subsection (b)(1); amount of the share of funds reallocated activity selected by such unit of general (C) is contiguous to the urban county; under this paragraph for any metropolitan local government to meet its homeland secu- (D) has entered into cooperation agree- city or urban county shall bear the same rity objectives, except that this clause may ments with the urban county which provide ratio to the total of such reallocated funds in not be considered to prevent a State from es- that the urban county is to undertake or to the metropolitan area as the amount of tablishing priorities in distributing such assist in the undertaking of essential com- funds awarded to the city or county for the amounts on the basis of the activities se- munity development and housing assistance fiscal year in which the reallocated funds be- lected; and activities with respect to such independent come available bears to the total amount of (iii) has consulted with local elected offi- city; and funds awarded to all metropolitan cities and cials from among units of general local gov- (E) is not included as a part of any other urban counties in the same metropolitan ernment located in nonqualifying areas of unit of general local government for pur- area for that fiscal year. that State in determining the method of dis- poses of this section. (2) TRANSFER.—Notwithstanding the provi- tribution of funds required by subparagraph Any independent city that is included in any sions of paragraph (1), the Director may (A). fiscal year for purposes of computing upon request transfer responsibility to any (D) To receive and distribute amounts allo- amounts pursuant to the preceding sentence metropolitan city for the administration of cated under paragraph (1), the State shall shall not be eligible to receive assistance any amounts received, but not obligated, by certify that each unit of general local gov- under subsection (d) with respect to such fis- the urban county in which such city is lo- ernment to be distributed funds will be re- cal year. cated if— quired to identify its homeland security ob- (4) INCLUSIONS.—In computing amounts (A) such city was an included unit of gen- jectives, and the activities to be undertaken under this section with respect to any urban eral local government in such county prior to meet such objectives. county, there shall be included all of the to the qualification of such city as a metro- (3) MINIMUM AMOUNT.— area of any unit of local government which politan city; (A) IN GENERAL.—Each State (other than is part of, but is not located entirely within (B) such amounts were designated and re- the District of Columbia, Puerto Rico, the the boundaries of, such urban county if the ceived by such county for use in such city Virgin Islands, Guam, American Samoa, and part of such unit of local government which prior to the qualification of such city as a the Commonwealth of the Northern Mariana is within the boundaries of such urban coun- metropolitan city; and Islands) shall receive for each fiscal year a

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.120 S19PT1 S8946 CONGRESSIONAL RECORD — SENATE September 19, 2002 base amount of $18,000,000 of the total entitled under subsection (b), and funds are (1) terminate payments to the recipient amount appropriated for each fiscal year for not otherwise appropriated to meet the defi- under this title; grants made available to States under this ciency, the Director shall meet the defi- (2) reduce payments to the recipient under section. ciency through a pro rata reduction of all this title by an amount equal to the amount (B) DISTRICT OF COLUMBIA AND TERRI- amounts determined under subsection (b). If of such payments which were not expended TORIES.—The District of Columbia, Puerto the total amount available for distribution in accordance with this title; or Rico, the Virgin Islands, Guam, American in any fiscal year to metropolitan cities and (3) limit the availability of payments Samoa, and the Commonwealth of the North- urban counties under this section exceeds under this title to programs, projects, or ac- ern Mariana Islands shall each receive for the amounts to which metropolitan cities tivities not affected by such failure to com- each fiscal year $3,000,000 of the total and urban counties would be entitled under ply. amount appropriated for each fiscal year for subsection (b), the Director shall distribute SEC. ll11. REPORTING REQUIREMENTS. grants made available to States under this the excess through a pro rata increase of all (a) IN GENERAL.—Not later than 180 days section. amounts determined under subsection (b). after the close of each fiscal year in which (4) ADMINISTRATION.—(A) If the State re- SEC. ll08. STATE AND REGIONAL PLANNING; assistance under this title is furnished, the ceives and distributes such amounts, it shall COMMUNICATIONS SYSTEMS. Director shall submit to Congress a report be responsible for the administration of (a) IN GENERAL.—Pursuant to section which shall contain— funds so distributed. The State shall pay ll04, $500,000,000 shall be used for homeland (1) a description of the progress made in from its own resources all administrative ex- defense planning within the States by the accomplishing the objectives of this title; penses incurred by the State in carrying out States, for interstate, multistate or regional (2) a summary of the use of such funds dur- its responsibilities under this title, except authorities, and within regions through re- ing the preceding fiscal year; and that from the amounts received for distribu- gional cooperations; the development and (3) a description of the activities carried tion in nonqualifying areas, the State may maintenance of Statewide training facilities out under section ll07. deduct an amount to cover such expenses and homeland best-practices clearinghouses; (b) REPORTS TO THE DIRECTOR.—The Direc- and its administrative expenses not to ex- and the development and maintenance of tor is authorized to require recipients of as- ceed the sum of $150,000 plus 50 percent of communications systems that can be used sistance under this title to submit to him any such expenses under this title in excess between and among first responders, includ- such reports and other information as may of $150,000. Amounts deducted in excess of ing law enforcement, fire, and emergency be necessary in order for the Director to $150,000 shall not exceed 2 percent of the medical personnel as follows: make the report required by subsection (a). amount so received. (1) $325,000,000 to the States, and inter- SEC. ll12. CONSULTATION BY ATTORNEY GEN- (B) If the Director distributes such state, multistate or regional authorities: for ERAL. amounts, the distribution shall be made in homeland defense planning, coordination and In carrying out the provisions of this title accordance with determinations of the Di- implementation; including the issuance of regulations, the Di- rector pursuant to statements submitted and (2) $50,000,000 to regional cooperations for rector shall consult with the Attorney Gen- the other requirements of section ll05 homeland defense planning and coordination; eral especially as to any issues of concern to (other than subsection (c)) and in accordance (3) $50,000,000 to the States for the develop- the law enforcement community, the Office with regulations and procedures prescribed ment and maintenance of Statewide training of Homeland Security, and other Federal de- by the Director. facilities and best-practices clearinghouses; partments and agencies administering Fed- (C) Any amounts allocated for use in a and eral grant-in-aid programs. State under paragraph (1) that are not re- (4) $75,000,000 to the States for the States SEC. ll13. INTERSTATE AGREEMENTS OR COM- ceived by the State for any fiscal year be- and for local communities for the develop- PACTS; PURPOSES. cause of failure to meet the requirements of ment and maintenance of communications The consent of the Congress is hereby subsection (a) or (b) of section ll05 shall be systems that can be used between and among given to any two or more States to enter added to amounts allocated to all States first responders at the State and local level, into agreements or compacts, not in conflict under paragraph (1) for the succeeding fiscal including law enforcement, fire, and emer- with any law of the United States, for coop- year. gency personnel. erative effort and mutual assistance in sup- (D) Any amounts allocated for use in a (b) ALLOCATIONS.—Funds under this section port of homeland security planning and pro- State under paragraph (1) that become avail- to be awarded to States shall be allocated grams carried out under this title as they able as a result of the closeout of a grant among the States based upon the population pertain to interstate areas and to localities made by the Director under this section in for each State relative to the populations of within such States, and to establish such nonqualifying areas of the State shall be all States. The ‘‘minimum amount’’ provi- agencies, joint or otherwise, as they may added to amounts allocated to the State sion set forth in section ll07(d)(3) shall deem desirable for making such agreements under paragraph (1) for the fiscal year in apply to funds awarded under this section to and compacts effective. which the amounts become so available. States. With respect to subsection (a)(4), at SEC. ll14. MATCHING REQUIREMENTS; SUSPEN- (5) SINGLE UNIT.—Any combination of units least 30 percent of the funds awarded must be SION OF REQUIREMENTS FOR ECO- of general local governments may not be re- used for the development and maintenance of NOMICALLY DISTRESSED AREAS. quired to obtain recognition by the Director local communications systems. (a) REQUIREMENT.—Grant recipients shall pursuant to section ll03(2) to be treated as (c) REGIONAL COOPERATIONS.—Funds under contribute from funds, other than those re- a single unit of general local government for this section to be awarded to regional co- ceived under this title, 10 percent of the purposes of this subsection. operations shall be allocated among the re- total funds received under this title. Such (6) DEDUCTION.—From the amounts regional cooperations based upon the popu- funds shall be used in accordance with the ceived under paragraph (1) for distribution in lation of the areas covered by the cooper- grantee’s statement of homeland security nonqualifying areas, the State may deduct ations. objectives. an amount, not to exceed 1 percent of the (b) ECONOMIC DISTRESS.—Grant recipients SEC. ll09. NONDISCRIMINATION IN PROGRAMS amount so received, to provide technical as- AND ACTIVITIES. that are deemed economically distressed shall be waived from the matching require- sistance to local governments. No person in the United States shall on the ment set forth in this section. (7) APPLICABILITY.—Any activities con- ground of race, color, national origin, reli- ducted with amounts received by a unit of gion, or sex be excluded from participation SA 4691. Mrs. CLINTON submitted an general local government under this sub- in, be denied the benefits of, or be subjected section shall be subject to the applicable to discrimination under any program or ac- amendment intended to be proposed to provisions of this title and other Federal law tivity funded in whole or in part with funds amendment SA 4619 submitted by Mr. in the same manner and to the same extent made available under this title. Any prohibi- JEFFORDS (for himself, Mr. SMITH of as activities conducted with amounts re- tion against discrimination on the basis of New Hampshire, and Ms. SNOWE) and ceived by a unit of general local government age under the Age Discrimination Act of 1975 intended to be proposed to the amend- under subsection (a). (42 U.S.C. 6101 et seq.) or with respect to an (e) QUALIFICATIONS AND DETERMINATIONS.— ment SA 4471 proposed by Mr. otherwise qualified handicapped individual The Director may fix such qualification or LIEBERMAN to the bill H.R. 5005, to es- as provided in section 504 of the Rehabilita- submission dates as he determines are nec- tablish the Department of Homeland essary to permit the computations and de- tion Act of 1973 (29 U.S.C. 794) shall also apply to any such program or activity. Security, and for other purposes; which terminations required by this section to be was ordered to lie on the table; as fol- SEC. ll10. REMEDIES FOR NONCOMPLIANCE made in a timely manner, and all such com- lows: putations and determinations shall be final WITH REQUIREMENTS. and conclusive. If the Director finds after reasonable no- Amendment intended to be proposed by (f) PRO RATA REDUCTION AND INCREASE.—If tice and opportunity for hearing that a re- Mrs. CLINTON to the amendment (No. 4619) the total amount available for distribution cipient of assistance under this title has proposed by Mr. JEFFORDS strike section in any fiscal year to metropolitan cities and failed to comply substantially with any pro- 630(c)(2) and insert the following: urban counties under this section is insuffi- vision of this title, the Director, until he is SEC. 173. FIRST RESPONDER PERSONNEL COSTS. cient to provide the amounts to which met- satisfied that there is no longer any such Local governments receiving Federal ropolitan cities and urban counties would be failure to comply, shall— homeland security funding under this Act,

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.120 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8947 whether directly or as a pass-through from oversight in accordance with paragraph (1) full-time special agents who shall conduct an the States, may use up to 20 percent of Fed- after September 30, 2003, at the discretion of increased number of audits, inspections, and eral funds received for first time responder the Inspector General. investigations of alleged misconduct by em- personnel costs, including overtime costs. (b) INSPECTOR GENERAL OVERSIGHT PLAN ployees of the Federal Bureau of Investiga- FOR THE FEDERAL BUREAU OF INVESTIGA- tion; SA 4692. Mr. GRASSLEY submitted TION.—Not later than 30 days after the date (2) to fund expanded audit coverage of the an amendment intended to be proposed of the enactment of this Act, the Inspector grant programs administered by the Office of by him to the bill H.R. 5005, to estab- General of the Department of Justice shall Justice Programs of the Department of Jus- lish the Department of Homeland Secu- submit to the Chairperson and ranking mem- tice; and rity, and for other purposes; which was ber of the Committees on the Judiciary of (3) to conduct special reviews of efforts by ordered to lie on the table; as follows: the Senate and the House of Representatives, the Federal Bureau of Investigation to im- At the end, add the following: a plan for oversight of the Federal Bureau of plement recommendations made by the Of- Investigation, which plan may include— fice of Inspector General in reports on al- DIVISION D—FBI REFORMS (1) an audit of the financial systems, infor- leged misconduct by the Bureau. SEC. 3001. SHORT TITLE. mation technology systems, and computer (b) FEDERAL BUREAU OF INVESTIGATION.— This division may be cited as the ‘‘Federal security systems of the Federal Bureau of In- There is authorized to be appropriated Bureau of Investigation Reform Act of 2002’’. vestigation; $1,700,000 to the Federal Bureau of Investiga- TITLE XXXI—IMPROVING FBI OVERSIGHT (2) an audit and evaluation of programs tion for fiscal year 2003 for salary, pay, re- SEC. 3101. AUTHORITY OF THE DEPARTMENT OF and processes of the Federal Bureau of Inves- tirement, and other costs associated with in- JUSTICE INSPECTOR GENERAL. tigation to identify systemic weaknesses or creasing the staffing level of the Office of Section 8E of the Inspector General Act of implementation failures and to recommend Professional Responsibility by 10 full-time 1978 (5 U.S.C. App.) is amended— corrective action; special agents and 4 full-time support em- (1) in subsection (b), by striking para- (3) a review of the activities of internal af- ployees. graphs (2) and (3) and inserting the following: fairs offices of the Federal Bureau of Inves- TITLE XXXII—WHISTLEBLOWER ‘‘(2) except as specified in subsection (a) tigation, including the Inspections Division PROTECTION and paragraph (3), may investigate allega- and the Office of Professional Responsibility; SEC. 3201. INCREASING PROTECTIONS FOR FBI tions of criminal wrongdoing or administra- (4) an investigation of allegations of seri- WHISTLEBLOWERS. tive misconduct by an employee of the De- ous misconduct by personnel of the Federal Section 2303 of title 5, United States Code, partment of Justice, or may, in the discre- Bureau of Investigation; is amended to read as follows: tion of the Inspector General, refer such alle- (5) a review of matters relating to any ‘‘§ 2303. Prohibited personnel practices in the gations to the Office of Professional Respon- other program or operation of the Federal Federal Bureau of Investigation sibility or the internal affairs office of the Bureau of Investigation that the Inspector ‘‘(a) DEFINITION.—In this section, the term appropriate component of the Department of General determines requires review; and ‘personnel action’ means any action de- Justice; (6) an identification of resources needed by scribed in clauses (i) through (x) of section ‘‘(3) shall refer to the Counsel, Office of the Inspector General to implement a plan 2302(a)(2)(A). Professional Responsibility of the Depart- for oversight of the Federal Bureau of Inves- ‘‘(b) PROHIBITED PRACTICES.—Any em- ment of Justice, allegations of misconduct tigation. ployee of the Federal Bureau of Investiga- involving Department attorneys, investiga- (c) REPORT ON INSPECTOR GENERAL FOR tion who has the authority to take, direct tors, or law enforcement personnel, where FEDERAL BUREAU OF INVESTIGATION.—Not others to take, recommend, or approve any the allegations relate to the exercise of the later than 90 days after the date of enact- personnel action, shall not, with respect to authority of an attorney to investigate, liti- ment of this Act, the Attorney General shall such authority, take or fail to take a per- gate, or provide legal advice, except that no submit a report and recommendation to the sonnel action with respect to any employee such referral shall be made if the attorney is Chairperson and ranking member of the of the Bureau or because of— employed in the Office of Professional Re- Committees on the Judiciary of the Senate ‘‘(1) any disclosure of information by the sponsibility; and the House of Representatives con- employee to the Attorney General (or an em- ‘‘(4) may investigate allegations of crimi- cerning— ployee designated by the Attorney General nal wrongdoing or administrative mis- (1) whether there should be established, for such purpose), a supervisor of the em- conduct, including a failure to properly dis- within the Department of Justice, a separate ployee, the Inspector General for the Depart- cipline employees, by a person who is the office of theInspector General for the Fed- ment of Justice, or a Member of Congress head of any agency or component of the De- eral Bureau of Investigation that shall be re- that the employee reasonably believes evi- partment of Justice; and sponsible for supervising independent over- dences— ‘‘(5) shall forward the results of any inves- sight of programs and operations of the Fed- ‘‘(A) a violation of any law, rule, or regula- tigation conducted under paragraph (4), eral Bureau of Investigation; tion; or along with any appropriate recommendation (2) what changes have been or should be ‘‘(B) mismanagement, a gross waste of for disciplinary action, to the Attorney Gen- made to the rules, regulations, policies, or funds, an abuse of authority, or a substantial eral, who is authorized to take appropriate practices governing the Federal Bureau of and specific danger to public health or safe- disciplinary action.’’; and Investigation in order to assist the Office of ty; or (2) by adding at the end the following: the Inspector General in effectively exer- ‘‘(2) any disclosure of information by the ‘‘(d) If the Attorney General does not fol- cising its authority to investigate the con- employee to the Special Counsel of informa- low any recommendation of the Inspector duct of employees of the Federal Bureau of tion that the employee reasonably believes General made under subsection (b)(5), the At- Investigation; evidences— torney General shall submit a report to the (3) what differences exist between the ‘‘(A) a violation of any law, rule, or regula- chairperson and ranking member of the Com- methods and practices used by different De- tion; or mittees on the Judiciary of the Senate and partment of Justice components in the in- ‘‘(B) mismanagement, a gross waste of the House of Representatives that sets forth vestigation and adjudication of alleged mis- funds, an abuse of authority, or a substantial the recommendation of the Inspector Gen- conduct by Department of Justice personnel; eral and the reasons of the Attorney General and specific danger to public health or safe- (4) what steps should be or are being taken ty, for not following that recommendation. to make the methods and practices described ‘‘(e) The Attorney General shall ensure by if such disclosure is not specifically prohib- in paragraph (3) uniform throughout the De- regulation that any component of the De- ited by law and if such information is not partment of Justice; and partment of Justice receiving a nonfrivolous specifically required by Executive order to (5) whether a set of recommended guide- allegation of criminal wrongdoing or admin- be kept secret in the interest of national de- lines relating to the discipline of Depart- istrative misconduct by an employee of the fense or the conduct of foreign affairs. Department of Justice shall report that in- ment of Justice personnel for misconduct ‘‘(c) INDIVIDUAL RIGHT OF ACTION.—Chapter formation to the Inspector General.’’. should be developed, and what factors, such 12 of this title shall apply to an employee of as the nature and seriousness of the mis- SEC. 3102. REVIEW OF THE DEPARTMENT OF JUS- the Federal Bureau of Investigation who TICE. conduct, the prior history of the employee, claims that a personnel action has been (a) APPOINTMENT OF OVERSIGHT OFFICIAL and the rank and seniority of the employee taken under this section against the em- WITHIN THE OFFICE OF INSPECTOR GENERAL.— at the time of the misconduct, should be ployee as a reprisal for any disclosure of in- (1) IN GENERAL.—The Inspector General of taken into account in establishing such rec- formation described in subsection (b)(2). the Department of Justice shall direct that 1 ommended disciplinary guidelines. ‘‘(d) REGULATIONS.—The Attorney General official from the office of the Inspector Gen- SEC. 3103. AUTHORIZATION OF APPROPRIATIONS. shall prescribe regulations to ensure that a eral be responsible for supervising and co- (a) DEPARTMENT OF JUSTICE.—There is au- personnel action under this section shall not ordinating independent oversight of pro- thorized to be appropriated $2,000,000 to the be taken against an employee of the Federal grams and operations of the Federal Bureau Department of Justice for fiscal year 2003— Bureau of Investigation as a reprisal for any of Investigation until September 30, 2003. (1) for salary, pay, retirement, and other disclosure of information described in sub- (2) CONTINUATION OF OVERSIGHT.—The In- costs associated with increasing the staffing section (b)(1), and shall provide for the en- spector General may continue individual level of the Office of Inspector General by 25 forcement of such regulations in a manner

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.109 S19PT1 S8948 CONGRESSIONAL RECORD — SENATE September 19, 2002 consistent with applicable provisions of sec- SEC. 3306. CAREER DEVELOPMENT. appropriately represented in Government tions 1214 and 1221, and in accordance with (a) CAREER PATHS.—The Director shall en- service. the procedures set forth in sections 554 sure that appropriate career paths for per- SEC. 3307. GENERAL EDUCATION, TRAINING, AND through 557 and 701 through 706.’’. sonnel who wish to pursue careers in secu- EXPERIENCE REQUIREMENTS. TITLE XXXIII—FBI SECURITY CAREER rity are identified in terms of the education, (a) IN GENERAL.—The Director shall estab- PROGRAM training, experience, and assignments nec- lish education, training, and experience re- essary for career progression to the most quirements for each security position, based SEC. 3301. SECURITY MANAGEMENT POLICIES. senior security positions and shall make on the level of complexity of duties carried The Attorney General shall establish poli- available published information on those ca- out in the position. cies and procedures for the effective manage- reer paths. (b) QUALIFICATION REQUIREMENTS.—Before ment (including accession, education, train- (b) LIMITATION ON PREFERENCE FOR SPECIAL being assigned to a position as a program ing, and career development) of persons serv- AGENTS.— manager or deputy program manager of a ing in security positions in the Federal Bu- (1) IN GENERAL.—Except as provided in the significant security program, a person— reau of Investigation. policy established under paragraph (2), the (1) must have completed a security pro- SEC. 3302. DIRECTOR OF THE FEDERAL BUREAU Attorney General shall ensure that no re- gram management course that is accredited OF INVESTIGATION. quirement or preference for a Special Agent by the Intelligence Community-Department (a) IN GENERAL.—Subject to the authority, of the Federal Bureau of Investigation (re- of Defense Joint Security Training Consor- direction, and control of the Attorney Gen- ferred to in this title as a ‘‘Special Agent’’) tium or is determined to be comparable by eral, the Director of the Federal Bureau of is used in the consideration of persons for se- the Director; and Investigation (referred to in this title as the curity positions. (2) must have not less than 6 years experi- ‘‘Director’’) shall carry out all powers, func- (2) POLICY.—The Attorney General shall es- ence in security, of which not less than 2 tions, and duties of the Attorney General tablish a policy that permits a particular se- years were performed in a similar program with respect to the security workforce in the curity position to be specified as available office or organization. Federal Bureau of Investigation. only to Special Agents, if a determination is SEC. 3308. EDUCATION AND TRAINING PRO- (b) POLICY IMPLEMENTATION.—The Director made, under criteria specified in the policy, GRAMS. shall ensure that the policies of the Attorney that a Special Agent— (a) IN GENERAL.—The Director, in consulta- General established in accordance with this (A) is required for that position by law; tion with the Director of Central Intel- Act are implemented throughout the Federal (B) is essential for performance of the du- ligence and the Secretary of Defense, shall Bureau of Investigation at both the head- ties of the position; or establish and implement education and quarters and field office levels. (C) is necessary for another compelling training programs for persons serving in se- SEC. 3303. DIRECTOR OF SECURITY. reason. curity positions in the Federal Bureau of In- The Director shall appoint a Director of (3) REPORT.—Not later than December 15 of vestigation. (b) OTHER PROGRAMS.—The Director shall Security, or such other title as the Director each year, the Director shall submit to the ensure that programs established under sub- may determine, to assist the Director in the Attorney General a report that lists— section (a) are established and implemented, performance of the duties of the Director (A) each security position that is re- to the maximum extent practicable, uni- under this Act. stricted to Special Agents under the policy formly with the programs of the Intelligence established under paragraph (2); and SEC. 3304. SECURITY CAREER PROGRAM BOARDS. Community and the Department of Defense. (a) ESTABLISHMENT.—The Director acting (B) the recommendation of the Director as to whether each restricted security position SEC. 3309. OFFICE OF PERSONNEL MANAGEMENT through the Director of Security shall estab- APPROVAL. should remain restricted. lish a security career program board to ad- (a) IN GENERAL.—The Attorney General (c) OPPORTUNITIES TO QUALIFY.—The Attor- vise the Director in managing the hiring, shall submit any requirement that is estab- ney General shall ensure that all personnel, training, education, and career development lished under section 3307 to the Director of including Special Agents, are provided the of personnel in the security workforce of the the Office of Personnel Management for ap- opportunity to acquire the education, train- Federal Bureau of Investigation. proval. ing, and experience necessary to qualify for (b) COMPOSITION OF BOARD.—The security (b) FINAL APPROVAL.—If the Director does career program board shall include— senior security positions. not disapprove the requirements established (d) BEST QUALIFIED.—The Attorney Gen- (1) the Director of Security (or a represent- under section 3307 within 30 days after the eral shall ensure that the policies estab- ative of the Director of Security); date on which the Director receives the re- lished under this Act are designed to provide (2) the senior officials, as designated by the quirement, the requirement is deemed to be for the selection of the best qualified indi- Director, with responsibility for personnel approved by the Director of the Office of Per- vidual for a position, consistent with other management; sonnel Management. applicable law. (3) the senior officials, as designated by the (e) ASSIGNMENTS POLICY.—The Attorney TITLE XXXIV—FBI COUNTERINTEL- Director, with responsibility for information General shall establish a policy for assigning LIGENCE POLYGRAPH PROGRAM management; Special Agents to security positions that SEC. 3401. DEFINITIONS. (4) the senior officials, as designated by the provides for a balance between— In this title: Director, with responsibility for training and (1) the need for personnel to serve in career (1) POLYGRAPH PROGRAM.—The term ‘‘poly- career development in the various security enhancing positions; and graph program’’ means the counterintel- disciplines; and (2) the need for requiring service in each ligence screening polygraph program estab- (5) such other senior officials for the intel- such position for sufficient time to provide lished under section 3402. ligence community as the Director may des- the stability necessary to carry out effec- (2) POLYGRAPH REVIEW.—The term ‘‘Poly- ignate. tively the duties of the position and to allow graph Review’’ means the review of the sci- (c) CHAIRPERSON.—The Director of Security for the establishment of responsibility and entific validity of the polygraph for counter- (or a representative of the Director of Secu- accountability for actions taken in the posi- intelligence screening purposes conducted by rity) shall be the chairperson of the board. tion. the Committee to Review the Scientific Evi- (d) SUBORDINATE BOARDS.—The Director of (f) LENGTH OF ASSIGNMENT.—In imple- dence on the Polygraph of the National Security may establish a subordinate board menting the policy established under sub- Academy of Sciences. structure to which functions of the security section (b)(2), the Director shall provide, as SEC. 3402. ESTABLISHMENT OF PROGRAM. career program board may be delegated. appropriate, for longer lengths of assign- Not later than 6 months after publication SEC. 3305. DESIGNATION OF SECURITY POSI- ments to security positions than assign- of the results of the Polygraph Review, the TIONS. ments to other positions. Attorney General, in consultation with the (a) DESIGNATION.—The Director shall des- (g) PERFORMANCE APPRAISALS.—The Direc- Director of the Federal Bureau of Investiga- ignate, by regulation, those positions in the tor shall provide an opportunity for review tion and the Director of Security of the Fed- Federal Bureau of Investigation that are se- and inclusion of any comments on any ap- eral Bureau of Investigation, shall establish curity positions for purposes of this Act. praisal of the performance of a person serv- a counterintelligence screening polygraph (b) REQUIRED POSITIONS.—In designating ing in a security position by a person serving program for the Federal Bureau of Investiga- security positions under subsection (a), the in a security position in the same security tion that consists of periodic polygraph ex- Director shall include, at a minimum, all se- career field. aminations of employees, or contractor em- curity-related positions in the areas of— (h) BALANCED WORKFORCE POLICY.—In the ployees of the Federal Bureau of Investiga- (1) personnel security and access control; development of security workforce policies tion who are in positions specified by the Di- (2) information systems security and infor- under this Act with respect to any employ- rector of the Federal Bureau of Investigation mation assurance; ees or applicants for employment, the Attor- as exceptionally sensitive in order to mini- (3) physical security and technical surveil- ney General shall, consistent with the merit mize the potential for unauthorized release lance countermeasures; system principles set out in paragraphs (1) or disclosure of exceptionally sensitive infor- (4) operational, program, and industrial se- and (2) of section 2301(b) of title 5, take into mation. curity; and consideration the need to maintain a bal- SEC. 3403. REGULATIONS. (5) information security and classification anced workforce in which women and mem- (a) IN GENERAL.—The Attorney General management. bers of racial and ethnic minority groups are shall prescribe regulations for the polygraph

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program in accordance with subchapter II of (1) DIRECTOR.—The term ‘‘Director’’ means of Columbia with respect to FBI buildings chapter 5 of title 5, United States Code (com- the Director of the Federal Bureau of Inves- and grounds. monly referred to as the Administrative Pro- tigation. TITLE XXXVI—REPORTS cedures Act). (2) FBI BUILDINGS AND GROUNDS.— (b) CONSIDERATIONS.—In prescribing regula- (A) IN GENERAL.—The term ‘‘FBI buildings SEC. 3601. REPORT ON LEGAL AUTHORITY FOR tions under subsection (a), the Attorney and grounds’’ means— FBI PROGRAMS AND ACTIVITIES. General shall— (i) the whole or any part of any building or (a) IN GENERAL.—Not later than 9 months (1) take into account the results of the structure which is occupied under a lease or after the date of enactment of this Act, the Polygraph Review; and otherwise by the Federal Bureau of Inves- Attorney General shall submit to Congress a (2) include procedures for— tigation and is subject to supervision and report describing the statutory and other (A) identifying and addressing false posi- control by the Federal Bureau of Investiga- legal authority for all programs and activi- tive results of polygraph examinations; tion; ties of the Federal Bureau of Investigation. (B) ensuring that adverse personnel actions (ii) the land upon which there is situated (b) CONTENTS.—The report submitted under are not taken against an individual solely by any building or structure which is occupied subsection (a) shall describe— reason of the physiological reaction of the wholly by the Federal Bureau of Investiga- (1) the titles within the United States Code individual to a question in a polygraph ex- tion; and and the statutes for which the Federal Bu- amination, unless— (iii) any enclosed passageway connecting 2 reau of Investigation exercises investigative (i) reasonable efforts are first made inde- or more buildings or structures occupied in responsibility; pendently to determine through alternative whole or in part by the Federal Bureau of In- (2) each program or activity of the Federal means, the veracity of the response of the investigation. Bureau of Investigation that has express dividual to the question; and (B) INCLUSION.—The term ‘‘FBI buildings statutory authority and the statute which (ii) the Director of the Federal Bureau of and grounds’’ includes adjacent streets and provides that authority; and Investigation determines personally that the sidewalks not to exceed 500 feet from such (3) each program or activity of the Federal personnel action is justified; property. Bureau of Investigation that does not have (C) ensuring quality assurance and quality (3) FBI POLICE.—The term ‘‘FBI police’’ express statutory authority, and the source control in accordance with any guidance pro- means the permanent police force estab- of the legal authority for that program or vided by the Department of Defense Poly- lished under section 3502. activity. graph Institute and the Director of Central SEC. 3502. ESTABLISHMENT OF FBI POLICE; DU- (c) RECOMMENDATIONS.—The report sub- Intelligence; and TIES. mitted under subsection (a) shall recommend (D) allowing any employee or contractor (a) IN GENERAL.—Subject to the super- whether— who is the subject of a counterintelligence vision of the Attorney General, the Director (1) the Federal Bureau of Investigation screening polygraph examination under the may establish a permanent police force, to should continue to have investigative re- polygraph program, upon written request, to be known as the FBI police. sponsibility for each statute for which the have prompt access to any unclassified re- (b) DUTIES.—The FBI police shall perform Federal Bureau of Investigation currently ports regarding an examination that relates such duties as the Director may prescribe in has investigative responsibility; to any adverse personnel action taken with connection with the protection of persons (2) the legal authority for any program or respect to the individual. and property within FBI buildings and activity of the Federal Bureau of Investiga- SEC. 3404. REPORT ON FURTHER ENHANCEMENT grounds. tion should be modified or repealed; OF FBI PERSONNEL SECURITY PRO- (c) UNIFORMED REPRESENTATIVE.—The Di- (3) the Federal Bureau of Investigation GRAM. rector, or designated representative duly au- should have express statutory authority for (a) IN GENERAL.—Not later than 9 months thorized by the Attorney General, may ap- any program or activity of the Federal Bu- after the date of enactment of this Act, the point uniformed representatives of the Fed- reau of Investigation for which the Federal Director of the Federal Bureau of Investiga- eral Bureau of Investigation as FBI police Bureau of Investigation does not currently tion shall submit to Congress a report set- for duty in connection with the policing of have express statutory authority; and ting forth recommendations for any legisla- all FBI buildings and grounds. (4) the Federal Bureau of Investigation tive action that the Director considers ap- (d) AUTHORITY.— should— propriate in order to enhance the personnel (1) IN GENERAL.—In accordance with regu- (A) have authority for any new program or security program of the Federal Bureau of lations prescribed by the Director and ap- activity; and Investigation. proved by the Attorney General, the FBI po- (B) express statutory authority with re- (b) POLYGRAPH REVIEW RESULTS.—Any rec- lice may— spect to any new programs or activities. ommendation under subsection (a) regarding (A) police the FBI buildings and grounds SEC. 3602. REPORT ON FBI INFORMATION MAN- the use of polygraphs shall take into account for the purpose of protecting persons and AGEMENT AND TECHNOLOGY. the results of the Polygraph Review. property; (a) IN GENERAL.—Not later than 9 months SEC. 3405. WEBSTER COMMISSION IMPLEMENTA- (B) in the performance of duties necessary after the date of enactment of this Act, the TION REPORT. for carrying out subparagraph (A), make ar- Director of the Federal Bureau of Investiga- (a) IMPLEMENTATION PLAN.—Not later than rests and otherwise enforce the laws of the tion, with appropriate comments from other 6 months after the date of enactment of this United States, including the laws of the Dis- components of the Department of Justice, Act, the Director of the Federal Bureau of trict of Columbia; shall submit to Congress a report on the in- Investigation shall submit to the appropriate (C) carry firearms as may be required for formation management and technology pro- Committees of Congress a plan for imple- the performance of duties; grams of the Federal Bureau of Investigation mentation of the recommendations of the (D) prevent breaches of the peace and sup- including recommendations for any legisla- Commission for Review of FBI Security Pro- press affrays and unlawful assemblies; and tion that may be necessary to enhance the grams, dated March 31, 2002, including the (E) hold the same powers as sheriffs and effectiveness of those programs. costs of such implementation. constables when policing FBI buildings and (b) CONTENTS OF REPORT.—The report sub- (b) ANNUAL REPORTS.—On the date that is grounds. mitted under subsection (a) shall provide— 1 year after the submission of the plan de- (2) EXCEPTION.—The authority and policing (1) an analysis and evaluation of whether scribed in subsection (a), and for 2 years powers of FBI police under this subsection authority for waiver of any provision of pro- thereafter, the Director of the Federal Bu- shall not include the service of civil process. curement law (including any regulation im- reau of Investigation shall submit to the ap- (e) PAY AND BENEFITS.— plementing such a law) is necessary to expe- propriate Committees of Congress a report (1) IN GENERAL.—The rates of basic pay, ditiously and cost-effectively acquire infor- on the implementation of such plan. salary schedule, pay provisions, and benefits mation technology to meet the unique need for members of the FBI police shall be equiv- (c) APPROPRIATE COMMITTEES OF CON- of the Federal Bureau of Investigation to im- alent to the rates of basic pay, salary sched- GRESS.—For purposes of this section, the prove its investigative operations in order to term ‘‘appropriate Committees of Congress’’ ule, pay provisions, and benefits applicable respond better to national law enforcement, means— to members of the United States Secret intelligence, and counterintelligence re- (1) the Committees on the Judiciary of the Service Uniformed Division. quirements; Senate and the House of Representatives; (2) APPLICATION.—Pay and benefits for the (2) the results of the studies and audits (2) the Committees on Appropriations of FBI police under paragraph (1)— conducted by the Strategic Management the Senate and the House of Representatives; (A) shall be established by regulation; Council and the Inspector General of the De- (3) the Select Committee on Intelligence of (B) shall apply with respect to pay periods partment of Justice to evaluate the informa- the Senate; and beginning after January 1, 2003; and tion management and technology programs (4) the Permanent Select Committee on In- (C) shall not result in any decrease in the of the Federal Bureau of Investigation, intelligence of the House of Representatives.s rates of pay or benefits of any individual. cluding systems, policies, procedures, prac- SEC. 3503. AUTHORITY OF METROPOLITAN PO- tices, and operations; and TITLE XXXV—FBI POLICE LICE FORCE. (3) a plan for improving the information SEC. 3501. DEFINITIONS. This title does not affect the authority of management and technology programs of the In this title: the Metropolitan Police Force of the District Federal Bureau of Investigation.

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(c) RESULTS.—The results provided under (b) CONTENTS.—The report submitted under TITLE XXXVIII—ENHANCING SECURITY AT subsection (b)(2) shall include an evaluation subsection (a) shall— THE DEPARTMENT OF JUSTICE of— (1) identify the current regulations, proce- SEC. 3801. REPORT ON THE PROTECTION OF SE- (1) information technology procedures and dures, internal policies, or other conditions CURITY AND INFORMATION AT THE practices regarding procurement, training, that allow the investigation or arrest of an DEPARTMENT OF JUSTICE. and systems maintenance; individual to be claimed or reported by more Not later than 9 months after the date of (2) record keeping policies, procedures, and than 1 Federal or State agency charged with enactment of this Act, the Attorney General practices of the Federal Bureau of Investiga- law enforcement responsibility; shall submit to Congress a report on the tion, focusing particularly on how informa- (2) identify and examine the conditions manner in which the Security and Emer- tion is inputted, stored, managed, utilized, that allow the investigation or arrest of an gency Planning Staff, the Office of Intel- and shared within the Federal Bureau of In- individual to be claimed or reported by the ligence Policy and Review, and the Chief In- vestigation; Offices of Inspectors General and any other formation Officer of the Department of Jus- (3) how information in a given database is Federal agency charged with law enforce- tice plan to improve the protection of secu- related or compared to, or integrated with, ment responsibility; rity and information at the Department of information in other technology databases (3) examine the statistics reported by Fed- Justice, including a plan to establish secure within the Federal Bureau of Investigation; eral law enforcement agencies, and docu- electronic communications between the Fed- (4) the effectiveness of the existing infor- ment those instances in which more than 1 eral Bureau of Investigation and the Office of mation technology infrastructure of the Fed- agency, bureau, or office claimed or reported Intelligence Policy and Review for proc- eral Bureau of Investigation in supporting the same investigation or arrest during the essing information related to the Foreign In- and accomplishing the overall mission of the years 1998 through 2001; telligence Surveillance Act of 1978 (50 U.S.C. Federal Bureau of Investigation; (4) examine the issue of Federal agencies 1801 et seq.). (5) the management of information tech- simultaneously claiming arrest credit for in- SEC. 3802. AUTHORIZATION FOR INCREASED RE- nology projects of the Federal Bureau of In- custody situations that have already oc- SOURCES TO PROTECT SECURITY vestigation, focusing on how the Federal Bu- curred pursuant to a State or local agency AND INFORMATION. reau of Investigation— arrest situation during the years 1998 There are authorized to be appropriated to (A) selects its information technology through 2001; the Department of Justice for the activities projects; (5) examine the issue of how such statistics of the Security and Emergency Planning (B) ensures that projects under develop- are used for administrative and management Staff to meet the increased demands to pro- ment deliver benefits; and purposes; vide personnel, physical, information, tech- (C) ensures that completed projects deliver (6) set forth a comprehensive definition of nical, and litigation security for the Depart- the expected results; and the terms ‘‘investigation’’ and ‘‘arrest’’ as ment of Justice, to prepare for terrorist (6) the security and access control tech- those terms apply to Federal agencies threats and other emergencies, and to review niques for classified and sensitive but unclas- charged with law enforcement responsibil- security compliance by components of the sified information systems in the Federal ities; and Department of Justice— Bureau of Investigation. (7) include recommendations, that when (1) $13,000,000 for fiscal year 2003; (d) CONTENTS OF PLAN.—The plan provided implemented, would eliminate unwarranted (2) $17,000,000 for fiscal year 2004; and under subsection (b)(3) shall ensure that— and duplicative reporting of investigation (3) $22,000,000 for fiscal year 2005. and arrest statistics by all Federal agencies (1) appropriate key technology manage- SEC. 3803. AUTHORIZATION FOR INCREASED RE- ment positions in the Federal Bureau of In- charged with law enforcement responsibil- SOURCES TO FULFILL NATIONAL SE- vestigation are filled by personnel with expe- ities. CURITY MISSION OF THE DEPART- rience in the commercial sector; (c) FEDERAL AGENCY COMPLIANCE.—Federal MENT OF JUSTICE. (2) access to the most sensitive informa- law enforcement agencies shall comply with There are authorized to be appropriated to tion is audited in such a manner that sus- requests made by the General Accounting Of- the Department of Justice for the activities picious activity is subject to near contem- fice for information that is necessary to as- of the Office of Intelligence Policy and Re- poraneous security review; sist in preparing the report required by this view to help meet the increased personnel (3) critical information systems employ a section. demands to combat terrorism, process appli- public key infrastructure to validate both TITLE XXXVII—ENDING THE DOUBLE cations to the Foreign Intelligence Surveil- users and recipients of messages or records; STANDARD lance Court, participate effectively in coun- (4) security features are tested by the Na- SEC. 3701. ALLOWING DISCIPLINARY SUSPEN- terespionage investigations, provide policy tional Security Agency to meet national in- SIONS OF MEMBERS OF THE SENIOR analysis and oversight on national security formation systems security standards; EXECUTIVE SERVICE FOR 14 DAYS matters, and enhance secure computer and (5) all employees in the Federal Bureau of OR LESS. telecommunications facilities— Investigation receive annual instruction in Section 7542 of title 5, United States Code, (1) $7,000,000 for fiscal year 2003; records and information management poli- is amended by striking ‘‘for more than 14 (2) $7,500,000 for fiscal year 2004; and cies and procedures relevant to their posi- days’’. (3) $8,000,000 for fiscal year 2005. tions; SEC. 3702. SUBMITTING OFFICE OF PROFES- (6) a reserve is established for research and SIONAL RESPONSIBILITY REPORTS SA 4693. Mr. HATCH proposed an development to guide strategic information TO CONGRESSIONAL COMMITTEES. amendment to amendment SA 4471 pro- management and technology investment de- (a) IN GENERAL.—For each of the 5 years posed by Mr. LIEBERMAN to the bill cisions; following the date of enactment of this Act, (7) unnecessary administrative require- H.R. 5005, to establish the Department the Office of the Inspector General shall sub- of Homeland Security, and for other ments for software purchases under $2,000,000 mit to the chairperson and ranking member are eliminated; of the Committees on the Judiciary of the purposes; as follows: (8) full consideration is given to contacting Senate and the House of Representatives an At the appropriate place, insert the fol- with an expert technology partner to provide annual report to be completed by the Federal lowing new title: technical support for the information tech- Bureau of Investigation, Office of Profes- TITLE ll—CYBER SECURITY nology procurement for the Federal Bureau sional Responsibility and provided to the In- ENHANCEMENT ACT OF 2002 of Investigation; spector General, which sets forth— SEC. ll01. SHORT TITLE. (9) procedures are instituted to procure (1) basic information on each investigation products and services through contracts of completed by that Office; This title may be cited as the ‘‘Cyber Secu- other agencies, as necessary; and (2) the findings and recommendations of rity Enhancement Act of 2002’’. (10) a systems integration and test center, that Office for disciplinary action; and Subtitle A—Computer Crime with the participation of field personnel, (3) what, if any, action was taken by the SEC. ll11. AMENDMENT OF SENTENCING tests each series of information systems up- Director of the Federal Bureau of Investiga- GUIDELINES RELATING TO CERTAIN grades or application changes before their tion or the designee of the Director based on COMPUTER CRIMES. operational deployment to confirm that they any such recommendation. (a) DIRECTIVE TO THE UNITED STATES SEN- meet proper requirements. (b) CONTENTS.—In addition to all matters TENCING COMMISSION.—Pursuant to its au- SEC. 3603. GAO REPORT ON CRIME STATISTICS already included in the annual report de- thority under section 994(p) of title 28, REPORTING. scribed in subsection (a), the report shall United States Code, and in accordance with (a) IN GENERAL.—Not later than 9 months also include an analysis of— this section, the United States Sentencing after the date of enactment of this Act, the (1) whether senior Federal Bureau of Inves- Commission shall review and, if appropriate, Comptroller General of the United States tigation employees and lower level Federal amend its guidelines and its policy state- shall submit to the Committees on the Judi- Bureau of Investigation personnel are being ments applicable to persons convicted of an ciary of the Senate and the House of Rep- disciplined and investigated similarly; and offense under section 1030 of title 18, United resentatives a report on the issue of how sta- (2) whether any double standard is being States Code. tistics are reported and used by Federal law employed to more senior employees with re- (b) REQUIREMENTS.—In carrying out this enforcement agencies. spect to allegations of misconduct. section, the Sentencing Commission shall—

VerDate Sep 04 2002 05:07 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.118 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8951 (1) ensure that the sentencing guidelines Attorney General shall publish all such re- the case of a first offense under this para- and policy statements reflect the serious na- ports into a single report to be submitted to graph; and ture of the offenses described in subsection Congress one year after enactment of the ‘‘(B) a fine under this title or imprison- (a), the growing incidence of such offenses, bill. ment for not more than 5 years, or both, in and the need for an effective deterrent and SEC. ll14. GOOD FAITH EXCEPTION. the case of an offense under this subpara- appropriate punishment to prevent such of- Section 2520(d)(3) of title 18, United States graph that occurs after a conviction of an- fenses; Code, is amended by inserting ‘‘or 2511(2)(i)’’ other offense under this section.’’. (2) consider the following factors and the after ‘‘2511(3)’’. (c) PRESENCE OF OFFICER AT SERVICE AND extent to which the guidelines may or may SEC. ll15. INTERNET ADVERTISING OF ILLEGAL EXECUTION OF WARRANTS FOR COMMUNICA- not account for them— DEVICES. TIONS AND CUSTOMER RECORDS.—Section 3105 (A) the potential and actual loss resulting Section 2512(1)(c) of title 18, United States of title 18, United States Code, is amended by from the offense; Code, is amended— adding at the end the following: ‘‘The pres- (B) the level of sophistication and planning (1) by inserting ‘‘or disseminates by elec- ence of an officer is not required for service involved in the offense; tronic means’’ after ‘‘or other publication’’; or execution of a search warrant directed to (C) whether the offense was committed for and a provider of electronic communication serv- purposes of commercial advantage or private (2) by inserting ‘‘knowing the content of ice or remote computing service for records financial benefit; the advertisement and’’ before ‘‘knowing or or other information pertaining to a sub- scriber to or customer of such service.’’. (D) whether the defendant acted with mali- having reason to know’’. cious intent to cause harm in committing SEC. ll16. STRENGTHENING PENALTIES. Subtitle B—Office of Science and Technology the offense; Section 1030(c) of title 18, United States SEC. ll21. ESTABLISHMENT OF OFFICE; DIREC- (E) the extent to which the offense violated Code, is amended— TOR. the privacy rights of individuals harmed; (1) by striking ‘‘and’’ at the end of para- (a) ESTABLISHMENT.— (F) whether the offense involved a com- graph (3); (1) IN GENERAL.—There is hereby estab- puter used by the government in furtherance (2) in each of subparagraphs (A) and (C) of lished within the Department of Justice an of national defense, national security, or the paragraph (4), by inserting ‘‘except as pro- Office of Science and Technology (herein- administration of justice; vided in paragraph (5),’’ before ‘‘a fine under after in this subtitle referred to as the ‘‘Of- (G) whether the violation was intended to this title’’; fice’’). or had the effect of significantly interfering (3) by striking the period at the end of (2) AUTHORITY.—The Office shall be under with or disrupting a critical infrastructure; paragraph (4)(C) and inserting ‘‘; and’’; and the general authority of the Assistant Attor- ney General, Office of Justice Programs, and and (4) by adding at the end the following: shall be independent of the National Insti- (H) whether the violation was intended to ‘‘(5)(A) if the offender knowingly or reck- tute of Justice. or had the effect of creating a threat to pub- lessly causes or attempts to cause serious (b) DIRECTOR.—The Office shall be headed lic health or safety, or injury to any person; bodily injury from conduct in violation of by a Director, who shall be an individual ap- (3) assure reasonable consistency with subsection (a)(5)(A)(i), a fine under this title pointed based on approval by the Office of other relevant directives and with other sen- or imprisonment for not more than 20 years, Personnel Management of the executive tencing guidelines; or both; and qualifications of the individual. (4) account for any additional aggravating ‘‘(B) if the offender knowingly or reck- SEC. ll22. MISSION OF OFFICE; DUTIES. or mitigating circumstances that might jus- lessly causes or attempts to cause death (a) MISSION.—The mission of the Office tify exceptions to the generally applicable from conduct in violation of subsection shall be— sentencing ranges; (a)(5)(A)(i), a fine under this title or impris- (1) to serve as the national focal point for (5) make any necessary conforming onment for any term of years or for life, or work on law enforcement technology; and changes to the sentencing guidelines; and both.’’. (2) to carry out programs that, through the (6) assure that the guidelines adequately SEC. ll17. PROVIDER ASSISTANCE. provision of equipment, training, and tech- meet the purposes of sentencing as set forth (a) SECTION 2703.—Section 2703(e) of title 18, nical assistance, improve the safety and ef- in section 3553(a)(2) of title 18, United States United States Code, is amended by inserting fectiveness of law enforcement technology Code. ‘‘, statutory authorization’’ after ‘‘sub- and improve access to such technology by SEC. ll12. STUDY AND REPORT ON COMPUTER poena’’. Federal, State, and local law enforcement CRIMES. (b) SECTION 2511.—Section 2511(2)(a)(ii) of agencies. Not later than May 1, 2003, the United title 18, United States Code, is amended by (b) DUTIES.—In carrying out its mission, States Sentencing Commission shall submit inserting ‘‘, statutory authorization,’’ after the Office shall have the following duties: a brief report to Congress that explains any ‘‘court order’’ the last place it appears. (1) To provide recommendations and advice actions taken by the Sentencing Commission SEC. ll18. EMERGENCIES. to the Attorney General. in response to this title and includes any rec- Section 3125(a)(1) of title 18, United States (2) To establish and maintain advisory ommendations the Commission may have re- Code, is amended— groups (which shall be exempt from the pro- garding statutory penalties for offenses (1) by striking ‘‘or’’ at the end of subpara- visions of the Federal Advisory Committee under section 1030 of title 18, United States graph (A); Act (5 U.S.C. App.)) to assess the law en- Code. (2) by striking the comma at the end of forcement technology needs of Federal, SEC. ll13. EMERGENCY DISCLOSURE EXCEP- subparagraph (B) and inserting a semicolon; State, and local law enforcement agencies. TION. and (3) To establish and maintain performance (a) IN GENERAL.—Section 2702(b) of title 18, (3) by adding at the end the following: standards in accordance with the National United States Code, is amended— ‘‘(C) an immediate threat to a national se- Technology Transfer and Advancement Act (1) by striking ‘‘or’’ at the end of paragraph curity interest; or of 1995 (Public Law 104–113) for, and test and (5); ‘‘(D) an ongoing attack on a protected evaluate law enforcement technologies that (2) by striking subparagraph (C) of para- computer (as defined in section 1030) that may be used by, Federal, State, and local law graph (6); constitutes a crime punishable by a term of enforcement agencies. (3) in paragraph (6), by inserting ‘‘or’’ at imprisonment greater than one year;’’. (4) To establish and maintain a program to the end of subparagraph (A); and SEC. ll19. PROTECTING PRIVACY. certify, validate, and mark or otherwise rec- (4) by inserting after paragraph (6) the fol- (a) SECTION 2511.—Section 2511(4) of title 18, ognize law enforcement technology products lowing: United States Code, is amended— that conform to standards established and ‘‘(7) to a Federal, State, or local govern- (1) by striking paragraph (b); and maintained by the Office in accordance with mental entity, if the provider, in good faith, (2) by redesignating paragraph (c) as para- the National Technology Transfer and Ad- believes that an emergency involving danger graph (b). vancement Act of 1995 (Public Law 104–113). of death or serious physical injury to any (b) SECTION 2701.—Section 2701(b) of title The program may, at the discretion of the person requires disclosure without delay of 18, United States Code, is amended— Office, allow for supplier’s declaration of communications relating to the emer- (1) in paragraph (1), by inserting ‘‘, or in conformity with such standards. gency.’’. furtherance of any criminal or tortious act (5) To work with other entities within the (b) REPORTING OF DISCLOSURES.—A govern- in violation of the Constitution or laws of Department of Justice, other Federal agen- ment entity that receives a disclosure under the United States or any State’’ after ‘‘com- cies, and the executive office of the Presi- this section shall file, no later than 90 days mercial gain’’; dent to establish a coordinated Federal ap- after such disclosure, a report to the Attor- (2) in paragraph (1)(A), by striking ‘‘one proach on issues related to law enforcement ney General stating the subparagraph under year’’ and inserting ‘‘5 years’’; technology. which the disclosure was made, the date of (3) in paragraph (1)(B), by striking ‘‘two (6) To carry out research, development, the disclosure, the entity to which the dis- years’’ and inserting ‘‘10 years’’; and testing, and evaluation in fields that would closure was made, the number of customers (4) so that paragraph (2) reads as follows: improve the safety, effectiveness, and effi- or subscribers to whom the information dis- ‘‘(2) in any other case— ciency of law enforcement technologies used closed pertained, and the number of commu- ‘‘(A) a fine under this title or imprison- by Federal, State, and local law enforcement nications, if any, that were disclosed. The ment for not more than one year or both, in agencies, including, but not limited to—

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.121 S19PT1 S8952 CONGRESSIONAL RECORD — SENATE September 19, 2002 (A) weapons capable of preventing use by with the budget of the President under sec- for that program or activity, as the case may unauthorized persons, including personalized tion 1105(a) of title 31, United States Code) a be, shall be transferred to the Office. guns; report on the activities of the Office. Each (e) REPORT ON IMPLEMENTATION.—Not later (B) protective apparel; such report shall include the following: than 1 year after the date of the enactment (C) bullet-resistant and explosion-resistant (1) For the period of 5 fiscal years begin- of this Act, the Attorney General shall sub- glass; ning with the fiscal year for which the budg- mit to the Committee on the Judiciary of (D) monitoring systems and alarm systems et is submitted— the Senate and the Committee on the Judici- capable of providing precise location infor- (A) the Director’s assessment of the needs ary of the House of Representatives a report mation; of Federal, State, and local law enforcement on the implementation of this subtitle. The (E) wire and wireless interoperable com- agencies for assistance with respect to law report shall— munication technologies; enforcement technology and other matters (1) identify each transfer carried out pursu- (F) tools and techniques that facilitate inconsistent with the mission of the Office; ant to subsection (b); vestigative and forensic work, including and (2) provide an accounting of the amounts computer forensics; (B) a strategic plan for meeting such needs and sources of funding available to the Office (G) equipment for particular use in of such law enforcement agencies. to carry out its mission under existing au- counterterrorism, including devices and (2) For the fiscal year preceding the fiscal thorizations and appropriations, and set technologies to disable terrorist devices; year for which such budget is submitted, a forth the future funding needs of the Office; (H) guides to assist State and local law en- description of the activities carried out by (3) include such other information and rec- forcement agencies; the Office and an evaluation of the extent to ommendations as the Attorney General con- (I) DNA identification technologies; and which those activities successfully meet the siders appropriate. (J) tools and techniques that facilitate in- needs assessed under paragraph (1)(A) in pre- SEC. ll25. NATIONAL LAW ENFORCEMENT AND vestigations of computer crime. vious reports. CORRECTIONS TECHNOLOGY CEN- (7) To administer a program of research, SEC. ll23. DEFINITION OF LAW ENFORCEMENT TERS. development, testing, and demonstration to TECHNOLOGY. (a) IN GENERAL.—The Director of the Office improve the interoperability of voice and For the purposes of this subtitle, the term shall operate and support National Law En- data public safety communications. ‘‘law enforcement technology’’ includes in- forcement and Corrections Technology Cen- (8) To serve on the Technical Support vestigative and forensic technologies, correc- ters (hereinafter in this section referred to Working Group of the Department of De- tions technologies, and technologies that as ‘‘Centers’’) and, to the extent necessary, fense, and on other relevant interagency support the judicial process. establish new centers through a merit-based, competitive process. panels, as requested. SEC. ll24. ABOLISHMENT OF OFFICE OF (9) To develop, and disseminate to State SCIENCE AND TECHNOLOGY OF NA- (b) PURPOSE OF CENTERS.—The purpose of and local law enforcement agencies, tech- TIONAL INSTITUTE OF JUSTICE; the Centers shall be to— nical assistance and training materials for TRANSFER OF FUNCTIONS. (1) support research and development of law enforcement personnel, including pros- (a) TRANSFERS FROM OFFICE WITHIN NIJ.— law enforcement technology; ecutors. The Office of Science and Technology of the (2) support the transfer and implementa- (10) To operate the regional National Law National Institute of Justice is hereby abol- tion of technology; Enforcement and Corrections Technology ished, and all functions and activities per- (3) assist in the development and dissemi- Centers and, to the extent necessary, estab- formed immediately before the date of the nation of guidelines and technological stand- lish additional centers through a competi- enactment of this Act by the Office of ards; and tive process. Science and Technology of the National In- (4) provide technology assistance, informa- (11) To administer a program of acquisi- stitute of Justice are hereby transferred to tion, and support for law enforcement, cor- tion, research, development, and dissemina- the Office. rections, and criminal justice purposes. tion of advanced investigative analysis and (b) AUTHORITY TO TRANSFER ADDITIONAL (c) ANNUAL MEETING.—Each year, the Di- forensic tools to assist State and local law FUNCTIONS.—The Attorney General may rector shall convene a meeting of the Cen- enforcement agencies in combating transfer to the Office any other program or ters in order to foster collaboration and com- cybercrime. activity of the Department of Justice that munication between Center participants. (12) To support research fellowships in sup- the Attorney General, in consultation with (d) REPORT.—Not later than 12 months port of its mission. the Committee on the Judiciary of the Sen- after the date of the enactment of this Act, (13) To serve as a clearinghouse for infor- ate and the Committee on the Judiciary of the Director shall transmit to the Congress a mation on law enforcement technologies. the House of Representatives, determines to report assessing the effectiveness of the ex- (14) To represent the United States and be consistent with the mission of the Office. isting system of Centers and identify the State and local law enforcement agencies, as (c) TRANSFER OF FUNDS.— number of Centers necessary to meet the requested, in international activities con- (1) IN GENERAL.—Any balance of appropria- technology needs of Federal, State, and local cerning law enforcement technology. tions that the Attorney General determines law enforcement in the United States. (15) To enter into contracts and coopera- is available and needed to finance or dis- SEC. ll26. COORDINATION WITH OTHER ENTI- tive agreements and provide grants, which charge a function, power, or duty of the Of- TIES WITHIN DEPARTMENT OF JUS- may require in-kind or cash matches from fice or a program or activity that is trans- TICE. the recipient, as necessary to carry out its ferred to the Office shall be transferred to Section 102 of the Omnibus Crime Control mission. the Office and used for any purpose for which and Safe Streets Act of 1968 (42 U.S.C. 3712) is (16) To carry out other duties assigned by those appropriations were originally avail- amended in subsection (a)(5) by inserting the Attorney General to accomplish the mis- able. Balances of appropriations so trans- ‘‘coordinate and’’ before ‘‘provide’’. sion of the Office. ferred shall— (c) COMPETITION REQUIRED.—Except as oth- (A) be credited to any applicable appro- SA 4694. Mr. LIEBERMAN (for him- erwise expressly provided by law, all re- priation account of the Office; or self and Mr. MCCAIN) proposed an search and development carried out by or (B) be credited to a new account that may amendment to amendment SA 4471 pro- through the Office shall be carried out on a be established on the books of the Depart- posed by Mr. LIEBERMAN to the bill competitive basis. ment of the Treasury; H.R. 5005, to establish the Department (d) INFORMATION FROM FEDERAL AGEN- and shall be merged with the funds already of Homeland Security, and for other CIES.—Federal agencies shall, upon request credited to that account and accounted for from the Office and in accordance with Fed- purposes; as follows: as one fund. eral law, provide the Office with any data, On page 211, insert between lines 9 and 10 (2) LIMITATIONS.—Balances of appropria- reports, or other information requested, un- the following: tions credited to an account under paragraph less compliance with such request is other- TITLE VI—NATIONAL COMMISSION ON wise prohibited by law. (1)(A) are subject only to such limitations as are specifically applicable to that account. TERRORIST ATTACKS UPON THE (e) PUBLICATIONS.—Decisions concerning UNITED STATES publications issued by the Office shall rest Balances of appropriations credited to an ac- SEC. 601. ESTABLISHMENT OF COMMISSION. solely with the Director of the Office. count under paragraph (1)(B) are subject There is established the National Commis- (f) TRANSFER OF FUNDS.—The Office may only to such limitations as are applicable to transfer funds to other Federal agencies or the appropriations from which they are sion on Terrorist Attacks Upon the United provide funding to non-Federal entities transferred. States (in this title referred to as the ‘‘Com- through grants, cooperative agreements, or (d) TRANSFER OF PERSONNEL AND ASSETS.— mission’’). contracts to carry out its duties under this With respect to any function, power, or duty, SEC. 602. PURPOSES. section. or any program or activity, that is trans- The purposes of the Commission are to— (g) ANNUAL REPORT.—The Director of the ferred to the Office, those employees and as- (1) examine and report upon the facts and Office shall include with the budget jus- sets of the element of the Department of causes relating to the terrorist attacks of tification materials submitted to Congress Justice from which the transfer is made that September 11, 2001, occurring at the World in support of the Department of Justice the Attorney General determines are needed Trade Center in New York, New York and at budget for each fiscal year (as submitted to perform that function, power, or duty, or the Pentagon in Virginia;

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(2) ascertain, evaluate, and report on the of September 11, 2001, including any relevant (b) CLOSED MEETINGS.— evidence developed by all relevant govern- legislation, Executive order, regulation, (1) IN GENERAL.—Meetings of the Commis- mental agencies regarding the facts and cir- plan, policy, practice, or procedure; and sion may be closed to the public under sec- cumstances surrounding the attacks; (B) may include relevant facts and cir- tion 10(d) of the Federal Advisory Committee (3) build upon the investigations of other cumstances relating to— Act (5 U.S.C. App.) or other applicable law. entities, and avoid unnecessary duplication, (i) intelligence agencies; (2) ADDITIONAL AUTHORITY.—In addition to by reviewing the findings, conclusions, and (ii) law enforcement agencies; the authority under paragraph (1), section recommendations of— (iii) diplomacy; 10(a)(1) and (3) of the Federal Advisory Com- (A) the Joint Inquiry of the Select Com- (iv) immigration, nonimmigrant visas, and mittee Act (5 U.S.C. App.) shall not apply to mittee on Intelligence of the Senate and the border control; any portion of a Commission meeting if the Permanent Select Committee on Intelligence (v) the flow of assets to terrorist organiza- President determines that such portion or of the House of Representatives regarding tions; portions of that meeting is likely to disclose the terrorist attacks of September 11, 2001; (vi) commercial aviation; and matters that could endanger national secu- (B) other executive branch, congressional, (vii) other areas of the public and private rity. If the President makes such determina- or independent commission investigations sectors determined relevant by the Commis- tion, the requirements relating to a deter- into the terrorist attacks of September 11, sion for its inquiry; mination under section 10(d) of that Act 2001, other terrorist attacks, and terrorism (2) identify, review, and evaluate the les- shall apply. generally; sons learned from the terrorist attacks of (c) CONTRACTING.—The Commission may, (4) make a full and complete accounting of September 11, 2001, regarding the structure, to such extent and in such amounts as are the circumstances surrounding the attacks, coordination, management policies, and pro- provided in appropriation Acts, enter into and the extent of the United States’ pre- cedures of the Federal Government, and, if contracts to enable the Commission to dis- paredness for, and response to, the attacks; appropriate, State and local governments charge its duties under this title. and and nongovernmental entities, relative to (d) INFORMATION FROM FEDERAL AGEN- (5) investigate and report to the President detecting, preventing, and responding to CIES.—The Commission is authorized to se- and Congress on its findings, conclusions, such terrorist attacks; and cure directly from any executive depart- and recommendations for corrective meas- (3) submit to the President and Congress ment, bureau, agency, board, commission, of- ures that can be taken to prevent acts of ter- such reports as are required by this title con- fice, independent establishment, or instru- rorism. taining such findings, conclusions, and rec- mentality of the Government information, SEC. 603. COMPOSITION OF THE COMMISSION. ommendations as the Commission shall de- suggestions, estimates, and statistics for the (a) MEMBERS.—The Commission shall be termine, including proposing organization, purposes of this title. Each department, bu- composed of 10 members, of whom— coordination, planning, management ar- reau, agency, board, commission, office, (1) 3 members shall be appointed by the rangements, procedures, rules, and regula- independent establishment, or instrumen- majority leader of the Senate; tions. tality shall, to the extent authorized by law, (2) 3 members shall be appointed by the SEC. 605. POWERS OF THE COMMISSION. furnish such information, suggestions, esti- Speaker of the House of Representatives; (a) IN GENERAL.— mates, and statistics directly to the Com- (3) 2 members shall be appointed by the mi- (1) HEARINGS AND EVIDENCE.—The Commis- mission, upon request made by the chair- nority leader of the Senate; and sion or, on the authority of the Commission, person, the chairperson of any subcommittee (4) 2 members shall be appointed by the mi- any subcommittee or member thereof, may, created by a majority of the Commission, or nority leader of the House of Representa- for the purpose of carrying out this title— any member designated by a majority of the tives. (A) hold such hearings and sit and act at Commission. (b) CHAIRPERSON; VICE CHAIRPERSON.— such times and places, take such testimony, (e) ASSISTANCE FROM FEDERAL AGENCIES.— (1) IN GENERAL.—Subject to paragraph (2), receive such evidence, administer such (1) GENERAL SERVICES ADMINISTRATION.— the Chairperson and Vice Chairperson of the oaths; and The Administrator of General Services shall Commission shall be elected by the mem- (B) require, by subpoena or otherwise, the provide to the Commission on a reimburs- bers. attendance and testimony of such witnesses able basis administrative support and other (2) POLITICAL PARTY AFFILIATION.—The and the production of such books, records, services for the performance of the Commis- Chairperson and Vice Chairperson shall not correspondence, memoranda, papers, and sion’s functions. be from the same political party. documents, as the Commission or such des- (2) OTHER DEPARTMENTS AND AGENCIES.—In (c) QUALIFICATIONS; INITIAL MEETING.— ignated subcommittee or designated member addition to the assistance prescribed in para- (1) POLITICAL PARTY AFFILIATION.—Not may determine advisable. graph (1), departments and agencies of the more than 5 members of the Commission (2) SUBPOENAS.— United States are authorized to provide to shall be from the same political party. (A) ISSUANCE.—Subpoenas issued under the Commission such services, funds, facili- (2) NONGOVERNMENTAL APPOINTEES.—An in- paragraph (1)(B) may be issued under the sig- ties, staff, and other support services as they dividual appointed to the Commission may nature of the chairperson of the Commission, may determine advisable and as may be au- not be an officer or employee of the Federal the Vice Chairperson of the Commission, the thorized by law. Government or any State or local govern- chairperson of any subcommittee created by (f) GIFTS.—The Commission may accept, ment. a majority of the Commission, or any mem- use, and dispose of gifts or donations of serv- (3) OTHER QUALIFICATIONS.—It is the sense ber designated by a majority of the Commis- ices or property. of Congress that individuals appointed to the sion, and may be served by any person des- (g) POSTAL SERVICES.—The Commission Commission should be prominent United ignated by the chairperson, subcommittee may use the United States mails in the same States citizens, with national recognition chairperson, or member. manner and under the same conditions as de- and significant depth of experience in such (B) ENFORCEMENT.— partments and agencies of the United States. professions as governmental service, law en- (i) IN GENERAL.—In the case of contumacy SEC. 606. STAFF OF THE COMMISSION. forcement, the armed services, legal prac- or failure to obey a subpoena issued under (a) IN GENERAL.— tice, public administration, intelligence paragraph (1)(B), the United States district (1) APPOINTMENT AND COMPENSATION.—The gathering, commerce, including aviation court for the judicial district in which the chairperson, in accordance with rules agreed matters, and foreign affairs. subpoenaed person resides, is served, or may upon by the Commission, may appoint and (4) INITIAL MEETING.—If 60 days after the be found, or where the subpoena is return- fix the compensation of a staff director and date of enactment of this Act, 6 or more able, may issue an order requiring such per- such other personnel as may be necessary to members of the Commission have been ap- son to appear at any designated place to tes- enable the Commission to carry out its func- pointed, those members who have been ap- tify or to produce documentary or other evi- tions, without regard to the provisions of pointed may meet and, if necessary, select a dence. Any failure to obey the order of the title 5, United States Code, governing ap- temporary chairperson, who may begin the court may be punished by the court as a con- pointments in the competitive service, and operations of the Commission, including the tempt of that court. without regard to the provisions of chapter hiring of staff. (ii) ADDITIONAL ENFORCEMENT.—In the case 51 and subchapter III of chapter 53 of such (d) QUORUM; VACANCIES.—After its initial of any failure of any witness to comply with title relating to classification and General meeting, the Commission shall meet upon any subpoena or to testify when summoned Schedule pay rates, except that no rate of the call of the chairperson or a majority of under authority of this section, the Commis- pay fixed under this subsection may exceed its members. Six members of the Commis- sion may, by majority vote, certify a state- the equivalent of that payable for a position sion shall constitute a quorum. Any vacancy ment of fact constituting such failure to the at level V of the Executive Schedule under in the Commission shall not affect its pow- appropriate United States attorney, who section 5316 of title 5, United States Code. ers, but shall be filled in the same manner in may bring the matter before the grand jury (2) PERSONNEL AS FEDERAL EMPLOYEES.— which the original appointment was made. for its action, under the same statutory au- (A) IN GENERAL.—The executive director SEC. 604. FUNCTIONS OF THE COMMISSION. thority and procedures as if the United and any personnel of the Commission who The functions of the Commission are to— States attorney had received a certification are employees shall be employees under sec- (1) conduct an investigation that— under sections 102 through 104 of the Revised tion 2105 of title 5, United States Code, for (A) investigates relevant facts and cir- Statutes of the United States (2 U.S.C. 192 purposes of chapters 63, 81, 83, 84, 85, 87, 89, cumstances relating to the terrorist attacks through 194). and 90 of that title.

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.122 S19PT1 S8954 CONGRESSIONAL RECORD — SENATE September 19, 2002 (B) MEMBERS OF COMMISSION.—Subpara- AUTHORITY FOR COMMITTEES TO ment Act (Jean Toal Eisen/Chan Lieu, graph (A) shall not be construed to apply to MEET Floyd DesChamps/Ken LaSala). members of the Commission. 12. H.R. 2733, Enterprise Integration COMMITTEE ON ARMED SERVICES (b) DETAILEES.—Any Federal Government Act of 2002 (Jean Toal Eisen/Chan Lieu, Mr. LIEBERMAN. Mr. President, I employee may be detailed to the Commission Floyd DesChamps/Ken LaSala). ask unanimous consent that the Com- without reimbursement from the Commis- 13. S.J. Res. 42, a joint resolution sion, and such detailee shall retain the mittee on Armed Services be author- commending Sail Boston for the con- rights, status, and privileges of his or her ized to meet during the Session of the tinuing advancement of the maritime regular employment without interruption. Senate on Thursday, September 19, heritage of nations, its commemora- (c) CONSULTANT SERVICES.—The Commis- 2002, at 2:30 p.m., in both open and tion of the nautical history of the sion is authorized to procure the services of closed session to receive testimony on United States, and its promotion, en- experts and consultants in accordance with U.S. policy on Iraq. section 3109 of title 5, United States Code, couragement, and support of young ca- The PRESIDING OFFICER. Without dets through training (Carl Bentzel/ but at rates not to exceed the daily rate paid objection, it so ordered. a person occupying a position at level IV of Marvin Nixon, Rob Freeman). the Executive Schedule under section 5315 of COMMITTEE ON BANKING, HOUSING, AND URBAN 14. Nomination of David McQueen title 5, United States Code. AFFAIRS Laney (PN 1731), of Texas, to be a Mem- Mr. LIEBERMAN. Mr. President, I SEC. 607. COMPENSATION AND TRAVEL EX- ber of the Reform Board (Amtrak) PENSES. ask unanimous consent that the Com- (Carl Bentzel/David Matsuda/Vanessa (a) COMPENSATION.—Each member of the mittee on Banking, Housing, and Jones, Rob Freeman/Mary Phillips/Vir- Commission may be compensated at not to Urban Affairs be authorized to meet ginia Pounds). exceed the daily equivalent of the annual during the session of the Senate on 15. Nomination of Rebecca Dye (PN rate of basic pay in effect for a position at Thursday, September 19, 2002, at 10 1870), of North Carolina, to be a Federal level IV of the Executive Schedule under sec- a.m., to conduct an oversight hearing Maritime Commissioner (Carl Bentzel/ tion 5315 of title 5, United States Code, for on ‘‘Financial Privacy and Consumer Marvin Nixon/Vanessa Jones, Rob each day during which that member is en- Protection.’’ Freeman/Virginia Pounds). gaged in the actual performance of the du- The PRESIDING OFFICER. Without ties of the Commission. 16. Nomination of Roger Nober (PN objection, it so ordered. 1979), of Maryland, to be a Member of (b) TRAVEL EXPENSES.—While away from COMMITTEE ON COMMERCE, SCIENCE, AND their homes or regular places of business in the Surface Transportation Board (Carl TRANSPORTATION the performance of services for the Commis- Bentzel/David Matsuda/Vanessa Jones, sion, members of the Commission shall be al- Mr. LIEBERMAN. Mr. President, I Rob Freeman/Mary Philips/Virginia lowed travel expenses, including per diem in ask unanimous consent that the Com- Pounds). lieu of subsistence, in the same manner as mittee on Commerce, Science, and 17. Nominations for Promotion in the persons employed intermittently in the Gov- Transportation be authorized to meet United States Coast Guard (PNs 2146, ernment service are allowed expenses under on Thursday, September 19, 2002, at 10 2160, 2161, 2162) (Vanessa Jones, Vir- section 5703(b) of title 5, United States Code. a.m. on pending committee business. ginia Pounds). SEC. 608. SECURITY CLEARANCES FOR COMMIS- The PRESIDING OFFICER. Without SION MEMBERS AND STAFF. Agenda objection, it is so ordered. The appropriate executive departments 1. S. 2949, Aviation Security Improve- COMMITTEE ON ENVIRONMENT AND PUBLIC and agencies shall cooperate with the Com- ment Act (Sam Whitehorn/Gael Sul- WORKS mission in expeditiously providing to the livan, Rob Chamberlin/Michael Rey- Mr. LIEBERMAN. Mr. President, I Commission members and staff appropriate nolds). ask unanimous consent that the Com- security clearances in a manner consistent 2. S. 2946, Federal Trade Commission mittee on Environment and Public with existing procedures and requirements, Reauthorization Act of 2002 (David Works be authorized to meet on Thurs- except that no person shall be provided with access to classified information under this Strickland/Kim Vandecar, Carlos day, September 19, 2002, at 9:30 a.m., to section who would not otherwise qualify for Fierro/Ken Nahigian). conduct a hearing entitled, ‘‘Project such security clearance. 3. S. 2817, National Science Founda- Delivery and Environmental Steward- SEC. 609. REPORTS OF THE COMMISSION; TERMI- tion Doubling Act (Jean Toal Eisen/ ship’’ to examine progress on environ- NATION. Chan Lieu, Floyd DesChamps/Ken mental streamlining under the Trans- (a) INITIAL REPORT.—Not later than 6 LaSala). portation Equity Act for the 21st cen- months after the date of the first meeting of 4. S. 2950, National Transportation tury, TEA–21. The hearing will be held the Commission, the Commission shall sub- Safety Board Reauthorization Act of in SD–406. mit to the President and Congress an initial 2002 (Sam Whitehorn/Gael Sullivan/ The PRESIDING OFFICER. Without report containing such findings, conclusions, Carl Bentzel, Rob Chamberlin/Michael objection, it is so ordered. and recommendations for corrective meas- Reynolds/Rob Freeman/Mary Phillips). COMMITTEE ON FOREIGN RELATIONS ures as have been agreed to by a majority of 5. S. 2951, Federal Aviation Adminis- Mr. LIEBERMAN. Mr. President, I Commission members. tration Research, Engineering, and De- ask unanimous consent that the Com- (b) ADDITIONAL REPORTS.—Not later than 1 velopment Act of 2002 (Gael Sullivan/ mittee on Foreign Relations be author- year after the submission of the initial re- Sam Whitehorn, Rob Chamberlin/Mi- port of the Commission, the Commission ized to meet during the session of the shall submit to the President and Congress a chael Reynolds). Senate on Thursday, September 19, second report containing such findings, con- 6. S. 2550, Professional Boxing 2002, at 11 a.m., to hold a hearing on clusions, and recommendations for correc- Amendments Act of 2002 (David Strick- law enforcement treaties. land/Matthew Morrissey, Carlos Fierro/ tive measures as have been agreed to by a Agenda majority of Commission members. Ken Nahigian). (c) TERMINATION.— 7. S. 2608, Coastal and Estuarine Land Treaties (1) IN GENERAL.—The Commission, and all Protection Act (Margaret Spring/Peter 1. Treaty Doc. 107–13; Treaty Between the authorities of this title, shall terminate Fippinger, Drew Minkiewicz). the Government of the United States of 60 days after the date on which the second 8. H.R. 1989, Fisheries Conservation America and the Government of Belize report is submitted under subsection (b). Act of 2002 (Margaret Spring/Cindy on Mutual Legal Assistance in Crimi- (2) ADMINISTRATIVE ACTIVITIES BEFORE TER- Smith, Drew Minkiewicz). nal Matters. MINATION.—The Commission may use the 60- day period referred to in paragraph (1) for 9. H.R. 2486, Inland Flood Forecasting 2. Treaty Doc. 107–12; Treaty Between the purpose of concluding its activities, in- and Warning System Act of 2002 (Mar- the Government of the United States of cluding providing testimony to committees garet Spring/Cindy Smith, Floyd America and the Government of the of Congress concerning its reports and dis- DesChamps/Ken LaSala). Kingdom of Sweden on Mutual Legal seminating the second report. 10. S. 2862, Firefighting Research and Assistance in Criminal Matters. SEC. 610. AUTHORIZATION OF APPROPRIATIONS. Coordination Act (Jean Toal Eisen/ 3. Treaty Doc. 107–9; Treaty Between There are authorized to be appropriated to Chan Lieu, Floyd DesChamps/Ken the Government of the United States of the Commission to carry out this title LaSala). America and the Government of Ire- $3,000,000, to remain available until ex- 11. S. 2945, the 21st Century land on Mutual Legal Assistance in pended. Nanotechnology Research and Develop- Criminal Matters.

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.122 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8955 4. Treaty Doc. 107–3; Treaty Between H.R. 3988, To Amend the charter of mittee on the Judiciary Subcommittee the Government of the Republic of the American Legion [Gekas]. on Antitrust, Business Rights and India on Mutual Legal Assistance in S. Con. Res. 139, ‘‘National Minority Competition be authorized to meet to Criminal Matters. Health and Health Disparities Month’’ conduct a hearing on ‘‘Oversight of En- 5. Treaty Doc. 107–16; Treaty Between [Torricelli]. forcement of the Antitrust Laws’’ on the Government of the United States of H. Con. Res. 388, ‘‘National Minority Thursday, September 19, 2002, at 1:30 America and the Principality of Liech- Health and Health Disparities Month’’ p.m., in room 226 of the Dirksen Senate tenstein on Mutual Legal Assistance in [Christensen]. Office Building. Criminal Matters. S. Res. 326, ‘‘National Mammography Tentative Witness List: The Honor- 6. Treaty Doc. 107–6; Extradition Day’’ October 18, 2002 [Biden/Leahy/ able Charles James, Assistant Attor- Treaty Between the United States of Hatch/Kennedy/Thurmond/Grassley/ ney General, Antitrust Division, U.S. America and the Republic of Peru. Specter/Durbin/DeWine/Cantwell/ Department of Justice, Washington, 7. Treaty Doc. 107–4; Extradition Brownback]. DC and the Honorable Timothy J. Treaty Between the United States of The PRESIDING OFFICER. Without Muris, Chairman, Federal Trade Com- America and the Government of the objection, it is so ordered. mission, Washington, DC. Republic of Lithuania. COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without 8. Treaty Doc. 107–11: Second Pro- Mr. LIEBERMAN. Mr. President, I objection, it is so ordered. tocol Amending Treaty on Extradition ask unanimous consent that the Com- SUBCOMMITTEE ON NATIONAL PARKS Between the Government of the United mittee on Foreign Relations be author- Mr. LIEBERMAN. Mr. President, I States of America and the Government ized to meet during the session of the ask unanimous consent that the Sub- of Canada, as amended. Senate on Thursday, September 19, committee on National Parks of the 9. Treaty Doc. 107–15: Treaty Between 2002, at 2 p.m., to hold a nomination Committee on Energy and Natural Re- the Government of the United States of hearing. sources be authorized to hold a hearing America and the Government of the Agenda during the session of the Senate on Republic of Honduras for the Return of Thursday, September 19, 2002, at 2:15 Stolen, Robbed, or Embezzled Vehicles Nominees p.m., in SD–366. The purpose of this and Aircraft, with Annexes and a re- Panel 1: Mr. C. William Swank, of hearing is to receive testimony on the lated exchange of notes. Ohio, to be a Member of the Board of following bills: Witnesses: Mr. Sam Witten, Deputy Directors of the Overseas Private In- S. 2623, to designate the Cedar Creek Legal Adviser, Department of State, vestment Corporation; Mr. Ned Siegel, Battlefield and Belle Grove Plantation Washington, DC and Mr. Bruce Swartz, of Florida, to be a Member of the Board National Historical Park as a unit of Deputy Assistant Attorney General, of Directors of the Overseas Private In- the National Park System, and for Criminal Division, Department of Jus- vestment Corporation; Mrs. Diane other purposes; tice, Washington, DC. Ruebling, of California, to be a Member S. 2640 and H.R. 3421, to provide for The PRESIDING OFFICER. Without of the Board of Directors of the Over- adequate school facilities in Yosemite objection, it is so ordered. seas Private Investment Corporation; National Park, and for other purposes; COMMITTEE ON THE JUDICIARY and Mr. Samuel Ebbesen, of the Virgin S. 2776, to provide for the protection Mr. LIEBERMAN. Mr. President, I Islands, to be a Member of the Board of of archaeological sites in the Galisteo ask unanimous consent that the Com- Directors of the Overseas Private In- Basin in New Mexico, and for other mittee on the Judiciary be authorized vestment Corporation. purposes; to meet to conduct a markup on Thurs- Panel 2: The Honorable Wendy S. 2788, to revise the boundary of the day, September 19, 2002, at 10 a.m., in Chamberlin, of Virginia, to be Assist- Wind Cave National Park in the State Dirksen Room 226. ant Administrator of the Agency for of South Dakota; International Development for Asia S. 2880, to designate Fort Bayard His- Tentative Agenda and the Near East and Ms. Nancy toric District in the State of New Mex- I. Nominations Jacklin, of New York, to be United ico as a National Historic Landmark, States Executive Director of the Inter- and for other purposes; Dennis Shedd to be a U.S. Circuit national Monetary Fund. H.R. 3786, to revise the boundary of Court Judge for the Fourth Circuit; The PRESIDING OFFICER. Without the Glen Canyon National Recreation Ronald H. Clark to be a U.S. District objection, it is so ordered. Area in the States of Utah and Arizona; Court Judge for the Eastern District of and Texas; Lawrence J. Block to be a Judge SELECT COMMITTEE ON INTELLIGENCE Mr. LIEBERMAN. Mr. President, I H.R. 3858, to modify the boundaries of for U.S. Court of Federal Claims; and the New River Gorge National River, to be a U.S. Marshal: Antonio Candia ask unanimous consent that the Select Committee on Intelligence be author- West Virginia. Amador for the Eastern District of The PRESIDING OFFICER. Without ized to meet during the session of the California. objection, it is so ordered. Senate on Thursday, September 19, The PRESIDING OFFICER. The Sen- II. Bills 2002, at 10 a.m. and 2:30 p.m., to hold a ator from Nevada. S. 2480, Law Enforcement Officers joint open hearing with the House Per- f Safety Act of 2002 [Leahy/Hatch/Fein- manent Select Committee on Intel- stein/Thurmond/Cantwell/Grassley/Ed- ligence regarding the joint inquiry into ORDER OF BUSINESS wards/Kyl/DeWine/Sessions/McConnell/ the events of September 11, 2001. Mr. REID. Madam President, we are Brownback]. The PRESIDING OFFICER. Without going to talk about Monday’s schedule, S. 2798, Employee Abuse Prevention objection, it is so ordered. Tuesday’s schedule, and then tomor- Act of 2002 [Durbin/Leahy/Kennedy]. COMMITTEE ON AGING row’s schedule. Mr. LIEBERMAN. Mr. President, I S. 2820, To increase the priority for f employee wages and benefits in bank- ask unanimous consent that the Spe- ruptcy [Carnahan/Leahy/Kennedy]. cial Committee on Aging be authorized ORDERS FOR MONDAY, S. 2901, Corporate Accountability in to meet Thursday, September 19, 2002, SEPTEMBER 23, 2002 Bankruptcy Act [Grassley/Leahy]. from 9:30 a.m.–12 p.m., in Dirksen 628 Mr. REID. Madam President, I ask S. 1655, Captive Exotic Animal Pro- for the purpose of conducting a hearing unanimous consent that at 3:30 p.m., tection Act of 2001 [Biden/Feinstein/ regarding Disease Management. Monday, September 23, the Senate re- Durbin/Kohl/Cantwell]. The PRESIDING OFFICER. Without sume consideration of H.R. 5093, the In- S. 2742, Border Commuter Student objection, it is so ordered. terior appropriations bill and resume Act of 2002 [Hutchison/Schumer/Cant- SUBCOMMITTEE ON ANTITRUST, BUSINESS consideration of the Dodd amendment well]. RIGHTS AND COMPETITION No. 4522; that there be 60 minutes of de- S. 2934, To Amend the charter of the Mr. LIEBERMAN. Mr. President, I bate with respect to the Dodd amend- American Legion [Johnson]. ask unanimous consent that the Com- ment prior to a vote in relation to the

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.126 S19PT1 S8956 CONGRESSIONAL RECORD — SENATE September 19, 2002 amendment, with the time until 4:30 until 12:30 p.m., for the purpose of trib- Mr. REID. I ask for the yeas and p.m. equally divided and controlled be- utes to Senator STROM THURMOND, with nays. tween Senators DODD, INOUYE, and Senators permitted to speak for up to The PRESIDING OFFICER. Is there a CAMPBELL or their designees; that no 10 minutes each; that the Senate stand sufficient second? amendment be in order to the Dodd in recess from 12:30 p.m. until 2 p.m., There appears to be. amendment prior to a vote in relation for the regular party conferences; that The yeas and nays were ordered. to the amendment; that at 4:30 p.m., at 2 p.m., the Senate resume consider- Mr. REID. Madam President, I ask the amendment be temporarily set ation of the Lieberman-McCain amend- unanimous consent that following the aside and the Senate then proceed to ment No. 4694 and there be 15 minutes disposition of the nomination, the mo- the motion to proceed to the motion to remaining for debate prior to a vote in tion to reconsider be laid upon the reconsider the vote by which cloture relation to the amendment, with the table, any statements thereon be print- was not invoked on the Byrd amend- time equally divided and controlled be- ed in the RECORD, the President be im- ment No. 4480; that the motion to pro- tween the two leaders or their des- mediately notified of the Senate’s ac- ceed be agreed to and the motion to re- ignees; that upon the use or yielding tion, and the Senate return to legisla- consider be agreed to, and there then back of time, without further inter- tive session, and there be a period of be 60 minutes for debate prior to a vote vening action or debate, the Senate morning business until 12 noon, with on cloture with respect to the Byrd vote in relation to the amendment, Senators permitted to speak for up to amendment No. 4480, with the time with no second-degree amendment in 10 minutes each, with the time equally equally divided and controlled between order prior to a vote in relation to the divided between the two leaders or the two leaders or their designees; that amendment. their designees. at 5:30 p.m., without further inter- The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without vening action or debate, the Senate re- objection? objection, it is so ordered. sume consideration of the Dodd amend- Without objection, it is so ordered. ment No. 4522 and vote in relation to f f the amendment; that immediately fol- PROGRAM lowing the vote with respect to the APPOINTMENT Mr. REID. Madam President, the Dodd amendment, regardless of the The PRESIDING OFFICER. The outcome of the vote, the Senate vote next rollcall vote will occur on Friday Chair, on behalf of the Democratic at 10:30 a.m. on the confirmation of on the motion to invoke cloture on the Leader, after consultation with the Byrd amendment No. 4480; that if clo- Reena Raggi, to be United States Cir- Chairman of the Senate Committee on ture is not invoked and the Dodd cuit Judge for the Second Circuit. Finance, pursuant to Public Law 106– amendment has not been disposed of, 170, announces the appointment of f then the Senate resume consideration Jack L. Hillyard, of Iowa, to serve as a of the amendment, and it remain de- EXTENDING THE SENATE’S member of the Ticket to Work and batable and amendable; and that on APPRECIATION TO THE STAFF Work Incentives Advisory Panel. Monday the Senate resume consider- Mr. REID. Madam President, I would ation of H.R. 5005, the homeland secu- f like to—we do not do this nearly often rity bill. ORDERS FOR FRIDAY, SEPTEMBER enough—extend our appreciation, that The PRESIDING OFFICER. Is there 20, 2002 of the Senate, to the staff. This reading objection? that I have done in the last few min- Without objection, it is so ordered. Mr. REID. Madam President, I ask unanimous consent that when the Sen- utes has taken hours to accomplish. f ate completes its business today, it ad- This is probably the 15th time they ORDERS FOR TUESDAY, journ until tomorrow morning at 10 have typed this. We thought we had it SEPTEMBER 24, 2002 a.m., Friday, September 20; that fol- done on a number of different occa- Mr. REID. Madam President, I ask lowing the prayer and the pledge, the sions, and because of people’s schedules unanimous consent that at 9:30 a.m., Journal of proceedings be approved to and other things Senators wanted, they Tuesday, September 24, the Senate re- date, the morning hour be deemed ex- had to retype it again and again and sume consideration of H.R. 5005, the pired, the time for the two leaders be again. homeland defense legislation, and re- reserved for their use later in the day, So I appreciate their patience. And I sume consideration of the Byrd amend- and there be a period of morning busi- am sorry it took so long. I really wish ment No. 4644; that the second-degree ness until 10:30 a.m., with Senators per- we were accomplishing more with all of amendment be withdrawn once this mitted to speak for up to 10 minutes this work because, as a body, we have agreement is entered; that there be a each, with the first half of the time not accomplished too much, but we are total of 60 minutes for debate with re- under the control of the majority lead- moving on the best we can. spect to the amendment; with the time er or his designee, and the second half f divided as follows: 45 minutes under of the time under the control of the Re- the control of Senator BYRD or his des- publican leader or his designee; that at ADJOURNMENT UNTIL 10 A.M. ignee, and 15 minutes equally divided 10:30 a.m., the Senate proceed to execu- TOMORROW and controlled between Senators tive session to consider Calendar No. Mr. REID. Madam President, it ap- LIEBERMAN and THOMPSON or their des- 1006, and vote on the nomination, with pears there is nothing further to come ignees; that upon the use or yielding no intervening action or debate; fur- before the Senate. I therefore ask back of time, without any further in- ther, that it be in order to request the unanimous consent that the Senate tervening action or debate, the Senate yeas and nays on the nomination at stand in adjournment under the pre- proceed to vote on the Byrd first-de- this time. vious order. gree amendment; that upon disposition The PRESIDING OFFICER. Is there There being no objection, the Senate, of the Byrd amendment, the Senate objection? at 7:19 p.m., adjourned until Friday, proceed to a period of morning business Without objection, it is so ordered. September 20, 2002, at 10 a.m.

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.107 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1605 EXTENSIONS OF REMARKS

RICHARD KOOB ASCENDS TO duction of ‘‘Jason McDaniel Is a Mean Little tacks. The money went directly to the Amer- PRESIDENT OF NATIONAL FI- Boy!’’ Mark Scarpelli and Dan Kehde wrote ican Red Cross and its Liberty Disaster Relief NANCIAL ADVISORS GROUP this play. Fund. The ‘‘Talk Back Staff’’ provided an oppor- Mr. Speaker, there is no question that I HON. GERALD D. KLECZKA tunity for students to promote respect and self- speak for the thousands of troops in Afghani- stan in thanking the people of Outback OF WISCONSIN esteem in a creative way. Their dedication to the children of Chandler Elementary is to be Steakhouse for their service to the United IN THE HOUSE OF REPRESENTATIVES commended. States and I ask that Congress join me in rec- Wednesday, September 18, 2002 The cast members, composed of kinder- ognizing their exceptional contributions to our Mr. KLECZKA. Mr. Speaker, today I wish to garten through fifth grade students, should be men and women in uniform. congratulate my good friend Richard A. Koob proud of their outstanding performance. They f on his installation in Charlotte, North Carolina used their skills and talents to show how they BIG-TIME OOPS! as President of the National Association of In- may be able to influence others to solve prob- surance and Financial Advisors (NAIFA). My lems without using violence. HON. BARNEY FRANK best wishes go out to him as he takes the Kanawha County Schools, faculty, and staff OF MASSACHUSETTS reins of leadership for this prestigious organi- upheld the goal of this play to help equip the IN THE HOUSE OF REPRESENTATIVES zation. children with proper attitudes and under- Mr. Koob has been a Financial Representa- standing in the efforts to stop harmful effects Wednesday, September 18, 2002 tive for the Northwestern Financial Network of the negative images in our media. Mr. FRANK. Mr. Speaker, when I became since 1967, having become a member while Mr. Speaker, I urge my colleagues to join the representative of a district with significant he was still in college. Over the course of his me in congratulating Chandler Elementary commercial fishing activity after the 1992 re- distinguished career, Dick has received nu- School on a job well done. districting, I became aware of a strong view merous awards, including the Wisconsin State f among many who fish for a living that the Association of Life Underwriters Distinguished quality of scientific knowledge on which fishing Service Award. He is a two-time honoree of HONORING THE PEOPLE OF regulation was based left a great deal to be the Waukesha Association of Life Underwriters OUTBACK STEAKHOUSE desired. In particular, fishermen have from Distinguished Service Award, and has been time to time argued that their experience has recipient of the National Association of Life HON. C.W. BILL YOUNG demonstrated that there were in fact more fish Underwriters National Quality Award for 26 OF FLORIDA than the regulators were counting. No one has years, and its National Sales Achievement IN THE HOUSE OF REPRESENTATIVES greater interest in the sustainability of our fish- Award for 18 years. He is also a 26-year Wednesday, September 18, 2002 eries than the fishermen themselves, and I member of the Million Dollar Round Table. was therefore impressed with the force of their In addition to his involvement in NAIFA, Mr. YOUNG of Florida. Mr. Speaker, I rise arguments. My willingness to listen to their ar- Richard Koob has played key roles in numer- today to recognize the people of Outback guments was not based simply on this pre- ous professional organizations throughout his Steakhouse for their strong support of our disposition, but rather on the very convincing career, including director of the Wisconsin brave troops fighting the war on terrorism. Fif- factual cases they made. Because of their per- State Association of Life Underwriters Com- teen employees from Outback restaurants flew suasive arguments, I have in two instances, mittee on Political Action. Despite his busy more than 7,000 miles to Afghanistan to pre- worked with people in the fishing industry to schedule, he has also found time to be active pare 6,700 steaks, 30,000 shrimp, and 3,000 secure funds for independent research, and in in his community, being involved with a num- giant onions for our courageous men and both of these cases the results were to con- ber of groups, such as the Lions International women. The members of ‘‘Mission Outback’’ firm that the fishermen were right and that Foundation, the Knights of Columbus, and the as it was called, arrived in a C–17 at the there were in fact far more fish available—in Waukesha Chamber of Commerce. Dick has Kandahar Airport with one objective: to deliver part as a result of sensible conservation prac- also served as vice-president of his Parish a message of appreciation from back home in tices—than previous science had indicated. Council and as chair of Catholic Memorial the form of deep-fried onions, Rib-Eye steaks, Most recently, fishermen were hit with a High School’s Crusader Auctions. A U.S. Army grilled shrimp, french fries, mixed vegetables, very restrictive decision by Judge Gladys veteran, he was a recipient of the Governors and cheesecake. The thousands of military Kessler which threatens the ability of many in Award for Outstanding Service. men and women could not have been more this industry to make a living, and which Dick Koob has dedicated his life to service; excited and thankful for the delicious taste of threatens also very importantly to drive up the to his clients, to his community, and to his home. price of this important protein rich commodity country. I have no doubt that he will provide This philanthropic concept was born by the for consumers by severely restricting the outstanding leadership to NAIFA as its new CEO of Outback, Chris Sullivan, whose com- catch. Once again many fishermen expressed president, and I join with his wife Judy, his passion and generosity made the steak dinner some skepticism about the science on which children Kimberly, Melissa and Christopher, possible. Together with Central Command at these restrictions were based. his colleagues and his many friends in offering MacDill Air Force Base, Outback had to co- Recently, that skepticism has been dramati- my warm congratulations, and my best wishes ordinate the transport of thousands of pounds cally confirmed. The National Marine Fisheries as he takes on this new challenge. of food and the military clearance of fifteen Service announced last week that the data f people to cook in a war zone across the about the amount of fish in New England wa- globe. ters on which recent decisions have been HONORING CHANDLER Similar to our military missions in Afghani- based was flawed, which argues strongly that ELEMENTARY SCHOOL stan, ‘‘Mission Outback’’ was brief and on-tar- there is in fact a greater stock available than get. The employees were in Kandahar for previously maintained by NMFS. Specifically, HON. SHELLEY MOORE CAPITO three days, preparing food almost the entire as the New Bedford Standard Times summa- OF WEST VIRGINIA time. rized in its recent editorial, ‘‘The NMFS sci- IN THE HOUSE OF REPRESENTATIVES Outback Steakhouse has had a long history entist did not properly calibrate the trawl they of providing assistance to our great nation. use for annual fall and spring surveys in New Wednesday, September 18, 2002 Most recently, the chain of Outback res- England waters. One side of the trawl had a Mrs. CAPITO. Mr. Speaker, I rise today in taurants raised over $8.5 million for Dine-Out cable much longer than the other side, making honor of Chandler Elementary School in rec- for America, a nation-wide fundraising event it impossible for the gear to efficiently gather ognition of their outstanding work in the pro- for victims of the September 11th terrorist at- groundfish.’’

∑ 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. E1606 CONGRESSIONAL RECORD — Extensions of Remarks September 19, 2002 Mr. Speaker, I ask that this very thoughtful TIME FOR REGIME CHANGE IN TRIBUTE TO ALLEN LEFKO editorial by the New Bedford Standard Times BURMA be inserted here, because I know it strikes this HON. IKE SKELTON important point, and argues thoughtfully and HON. GARY L. ACKERMAN OF MISSOURI persuasively for NMFS to follow its admission IN THE HOUSE OF REPRESENTATIVES OF NEW YORK of error with corrective action. Further, Mr. Wednesday, September 18, 2002 Speaker, when this House debates the re- IN THE HOUSE OF REPRESENTATIVES newal of the sustainable fisheries act, known Mr. SKELTON. Mr. Speaker, it has come to Wednesday, September 18, 2002 as the Magnuson Act, this admission by my attention that a longtime community and business leader in Jackson County, MO, will NMFS that it had seriously undercounted the Mr. ACKERMAN. Mr. Speaker, I rise today be receiving the Humanitarian of the Year amount of fish in New England waters will be to commemorate September 18th, 2002, the Award at the Truman Heartland Community relevant as I and others talk about the need to 14 year anniversary of one of freedom’s great Foundation annual gala dinner, ‘‘A Salute to revise fishing regulation in a manner that will tragedies. On this day in 1988, a military re- Hometown Heroes.’’ Mr. Allen Lefko has dem- gime assumed power in the country of Burma make it less likely that unnecessary restric- onstrated a strong commitment to the area during a brutal crackdown, slaughtering ap- tions will be imposed on hardworking people and its economic development and has helped proximately 10,000 nonviolent demonstrators based on faulty data. to ensure a brighter future for all residents and in the streets of Rangoon and throughout the businesses. [lsqb]From the Sunday Standard Times, nation over a period of months. Were these Sept. 15, 2002[rsqb] Mr. Lefko has developed and maintained an demonstrators committing some crime? Had excellent reputation through the years by his NMFS HAS YET ANOTHER REASON FOR they broken the law of the land? Were they many achievements. He is the founder, Presi- COOPERATION planning some heinous act of treason? dent, and CEO of Noland Road Bank; Chair- What a relief it must have been for hun- The answer is no on all three counts—they man of the Board and CEO of the Bank of dreds of commercial fishermen in New Bed- did not, had not, and were not. Grain Valley and Grain Valley Bancshares, In- ford and throughout New England this week The people of Burma are guilty only of sac- corporated; President of the Independence when scientists at the National Marine Fish- rificing for the same dreams that have sum- Chamber of Commerce Board of Directors; eries Service in Woods Hole announced that moned greatness in men and women alike President of the Independence Rotary Club; their data for the last two years was flawed. throughout history: freedom, democracy, and member of the Independence Regional Health Big-time oops! human rights. As Burma’s 1991 Nobel Peace Center Board of Trustees; founder, President, There’s nothing as satisfying as learning Prize recipient Daw Aung San Suu Kyi has and Treasurer of the Association for Industrial that you aren’t crazy after wondering wheth- said, ‘‘. . . even under the most crushing state Development for Independence; President of er you are. machinery courage rises up again and again, the Suburban Banker Association and the Many of our region’s fishermen must have for fear is not the natural state of civilized Kansas City Clearing House Association; thought they were going crazy, as they man.’’ President of the Grain Valley Economic Devel- pulled up increasing numbers of groundfish September 18th, 1988 was not only a trag- opment Council; and Choices program spon- in the last two years, but were told by sci- edy, however. It was also a day of great hope. sor and instructor. entists that many groundfish species were Since 1988, the Burmese people’s courage Mr. Lefko has volunteered much of his time not recovering from decades of overfishing. has never for one instant waned or even to the communities of eastern Jackson Coun- The NMFS scientists did not properly cali- cooled. In 1990, despite harassment, arrest, ty. He has served on many YMCA and Boy brate the trawl they use for annual fall and and intimidation, the National League for De- Scout committees and has been engaged in spring surveys in New England waters. One mocracy was voted into power with an as- such important committees and boards as the side of the trawl had a cable much longer tounding 82% of the seats in parliament. We Grain Valley Arts and Beautification Council than the other side, making it impossible for members of Congress, as elected officials, in Fund, Grain Valley Senior Citizens Nutrition the gear to efficiently gather groundfish. It particular should understand the uniqueness Program Fund, and the Association for Indus- also made it impossible for the data from of this victory. I know most of my colleagues trial Development for Independence Scholar- these two years to be compared with data ship Fund. Mr. Lefko has also participated in from previous years. in this building would do anything for that kind of mandate. In 1991, 1996, and 1998, the the I-Share Campaign, the selection of Rotary/ The NMFS admission is particularly im- people of Burma and the National League for City of Independence Teacher’s Truman portant because this region’s fishermen are Democracy demanded recognition of this elec- Scholarship Fund recipients, Independence now under some of the strictest regulations and Grain Valley Chambers of Commerce, the they have ever experienced. How this mis- tion with demonstrations and party gatherings Board of Directors of the Grain Valley Assist- take will affect those regulations remains an that resulted in widespread arrests and subse- open question. quent torture. And, in August of this year, Bur- ance Council, and he was an auctioneer for the Grain Valley Assistance Council annual But the National Marine Fisheries Service mese students again took to the streets in Rangoon, calling for the release of all of Bur- fund drive. should take this as a strong sign that more Mr. Speaker, I am certain that my col- fishermen need to be involved with scientific ma’s political prisoners. leagues will join me in wishing Allen Lefko all research for the sake of the fishermen, the We know from our own history that the the best. We thank him for over 40 years of scientists, and overall accuracy in reporting struggle for freedom is not easy nor is it with- dedicated service to eastern Jackson County. fish numbers. out sacrifice. The sudden rush of change Just as there have been federal science ob- might come at any time, whether through the f servers on fishing boats, there should be fish- crumbling of a wall or a crowd’s deafening cry AMENDING LEGAL DEFINITION OF ermen observing the scientific methods used for democracy in the streets. We do know, LEWIS AND CLARK NATIONAL aboard federal trawl survey boats. Environ- however, that the United States of America HISTORIC TRAIL mental advocates also should be part of the has always stood for the principles that our review as another check and balance. nation was founded upon, and we will con- HON. BARON P. HILL NMFS would be wise to quickly establish a tinue to support those that share our dreams. OF INDIANA review panel consisting of fishermen, gear Burma’s military regime should be put on experts, environmental observers and sci- IN THE HOUSE OF REPRESENTATIVES notice that the United States will neither forget entists to examine the data in question and Wednesday, September 18, 2002 determine the changes that are needed in September 18th, and what it represents for the current fishing regulations based on these Burmese people, nor tire in our belief in free- Mr. HILL. Mr. Speaker, today, I have intro- errors. Do we allow more fishing of some spe- dom. Most importantly, the regime should also duced legislation that will amend the legal def- cies, less, or wait for new data? know that many of us in the United States inition of the Lewis and Clark National Historic And it wouldn’t hurt for scientists from Congress are growing weary of the constant Trail to include the expedition’s route between the Northeast Fisheries Science Center to stalling and delaying of a full-scale political Wood River, Illinois and the Falls of the Ohio, make a humble and public apology to fisher- dialogue that includes Burma’s ethnic nation- which rests between Clarksville, Indiana and men for the error that could have a signifi- alities. Now is the time for change in Burma Louisville, Kentucky. cant effect on their lives, their families and and I urge my colleagues to join me in calling I am grateful that representatives ANNE the port communities where they live. for that change. NORTHUP and MARK SOUDER have joined me CONGRESSIONAL RECORD — Extensions of Remarks E1607 as original cosponsors of the Bill. Senator struggle was enshrined into political reality OBSERVING NATIONAL POW/MIA EVAN BAYH of Indiana is also introducing com- when Daw Aung San Suu Kyi and the Na- RECOGNITION DAY panion legislation in the Senate. tional League for Democracy won a demo- In October 1803, Meriwether Lewis and Wil- cratic election in 1990 with 82% of the seats HON. STENY H. HOYER liam Clark first met at the Falls of the Ohio, rein parliament—a landslide election the regime OF MARYLAND cruited the first members of the Corps of Dis- has never recognized. IN THE HOUSE OF REPRESENTATIVES covery and departed for the west from Clarks- ville, Indiana on October 26, 1803. Today, I commend the 50 million people of Wednesday, September 18, 2002 Our country will begin commemorating the Burma on their struggle, and call on them to Mr. HOYER. Mr. Speaker, I rise today in ob- bicentennial of the Lewis and Clark expedition never give up their passionate belief that free- servance of National POW/MIA Recognition next year. Southern Indiana and Louisville, dom and democracy should not be reserved Day. Kentucky will host a ‘‘National Signature for a small number of western nations, but ex- Many of the ideals and beliefs that form the Event’’ to mark the important events that hap- tended to all men and women. Freedom and backbone of our nation continue to flourish in large part because of the great perseverance pened at the Falls of the Ohio. democracy are your rights. You struggle on Mr. Speaker, the upcoming bicentennial has and dedication of our nation’s armed forces. the side of truth, and sooner or later, truth al- caused many of us to more carefully examine Unfortunately, as we all know, during war and the history of the Lewis and Clark Expedition. ways triumphs over darkness. even smaller armed conflicts there inevitably We discovered that many important sites like Recently, our hopes for change in Burma are troops killed, as well as troops captured by the Falls of the Ohio have not been properly were raised. In May of this year, just as my enemy forces or who become missing in ac- recognized in the past. The Falls of the Ohio colleagues and I in the U.S. Congress were tion. State Park in Indiana and historic Locust strongly considering to greatly expand inter- It is important that communities regularly Grove in Louisville, Kentucky have now been national pressure on the regime, Daw Aung honor not only those brave soldiers who risked their lives and were killed, but also remember certified by the National Park Service as offi- San Suu Kyi was released from 19 months of cial sites associated with the Lewis and Clark those who became either missing or prisoners house arrest. At the time, we hoped that her National Historic Trail. of war. We must show them and their families However, there is now a disconnect be- release signaled the start of a tripartite political the appropriate appreciation for their willing- tween the legal definition of the Lewis and dialogue in Burma that would include the re- ness to make the ultimate sacrifice to defend Clark National Historic Trail passed by Con- gime, ethnic nationalities, and the National and preserve the democratic principles held so gress in 1978 and the sites that have been League for Democracy. My distinguished col- close to the hearts of all Americans. certified by the National Park Service as sig- league and chair of the House International About one year ago, on September 21st, nificant to the Lewis and Clark story. This bill Relations Committee, Henry Hyde, and I stat- President G.W. Bush declared that day as Na- will extend the Trail corridor to include impor- ed, ‘‘It is our hope that Daw Aung San Suu tional POW/MIA Recognition Day. By estab- tant sites between Wood River and the Falls Kyi’s release represents the dawn of a new lishing a national day of recognition, we have of the Ohio. era in Burmese history. However, first the ensured that this country will formally honor every year those soldiers who were captured It will also do more than correct current law junta must demonstrate through concrete ac- to include sites that both the Park Service and by the enemy or fallen missing in battle while tions a serious and consistent commitment to Lewis and Clark scholars have noted as sig- serving their country. nificant. By extending the official Trail to in- national reconciliation.’’ The establishment and observance of a day clude more Eastern sites, a larger portion of However, we were proven right to be cau- of recognition for our prisoners of war and the U.S. Population will be within driving dis- tious. The junta has yet to show a serious those missing in action is of great importance tance of the Trail. This means more people in commitment to these discussions, which still for the estimated 43,000 retired servicemen the east will learn about the Lewis and Clark must yield tangible reforms and changes to- who were previously missing or held prisoner and who fortunately were able to return to the story and be more likely to make a point of ex- ward democracy. It would be a tragedy if the United States. It is just as important for the ploring Western segments of the Trail. this will release of Daw Aung San Suu Kyi ended up significantly boost tourism all along the Lewis families and loved ones of those who remain mere window dressing for an ongoing litany of and Clark Trail. unaccounted for or possibly are still in cap- Mr. Speaker, this amendment to the Na- abuse. The regime has stonewalled the NLD tivity. tional Trails System Act is long overdue. With in its efforts to commence a political dialogue Throughout our nation’s history the men and the upcoming Lewis and Clark bicentennial and refused to release all political prisoners women of the armed services have coura- only months away, this is the perfect time to while factual reports of an intensified cam- geously risen to the call of duty ignoring what- ensure the Lewis and Clark Trail properly re- paign of systematic rapes, massacres, and ar- ever trepidation they may have for their own flects the expedition’s history. I hope the rests have increased. The regime terrorizes its safety and security. While the numbers who House will soon consider this legislation and own population with particular brutality in the have perished in the line of duty is a tremen- pass it into law. country’s ethnic areas, where its soldiers con- dous loss, there are also astounding numbers of those who continue to be listed MIA or as f tinue to facilitate the drug trade. POWs. FOURTEENTH ANNIVERSARY OF I am especially frustrated by the regime’s Our friends and our neighbors, and even BLOODY END OF DEMOCRACY IN refusal to extradite Khun Sa and other drug some of our elected officials, are former BURMA lords and end its complicity in production of POWs or were listed MIA during their service. the methamphetamines and heroin that are More than one-forth of the American soldiers HON. TOM LANTOS destroying the lives of people around the held prisoner in the past five US conflicts were OF CALIFORNIA world. Those who have watched this regime’s released by the enemy and returned to the IN THE HOUSE OF REPRESENTATIVES untrustworthy leaders over years know that we United States again. World War I, World War II, the Korean War, must rely on actions rather than words. The Wednesday, September 18, 2002 the Vietnam War, the Cold War era, Operation Mr. LANTOS. Mr. Speaker, I rise today to regime has not complied with our efforts to Desert Storm, and the Kosovo campaign all invite my colleagues to commemorate a very stop the global flow of drugs. As long as this resulted in soldiers listed as MIA or POW. sad day in Burma. Today, September 18th, narco-regime stays in power, it can expect to Records show that approximately 143,000 marks the 14-year anniversary of the Burmese receive no assistance from the United States. Americans were captured and interned during military regime’s bloody takeover of Burma, Fourteen years is far too long for freedom, those conflicts. This number includes 81 after gunning down an estimated 10,000 non- and we absolutely must lend our vocal public women seized on Guam or in the Philippines violent demonstrators throughout the country. during World War II, and 2 during the Gulf support to the Burmese people’s struggle for Since that awful day, the Burmese people, led War. Of these 143,000 American soldiers ap- freedom. It is time the United States and the by the courageous 1991 Nobel Peace Prize proximately 125,200 have since been returned recipient Daw Aung San Suu Kyi, have international community see through the re- to United States military control. That leaves against great odds never given up their hope, gime’s smoke and mirrors and again move to almost 20,000 souls unaccounted for from their belief, and their struggle for the kind of increase concrete political and economic pres- America’s 20th century wars and armed con- freedom we have enjoyed in this country. This sure. flicts. E1608 CONGRESSIONAL RECORD — Extensions of Remarks September 19, 2002 As our country wages the war on terrorism HONORING GEORGE GODDARD they provide seniors the tools to use their and we debate whether to go to war against many talents to help others in various settings. Iraq, it is more important than ever to remem- HON. LYNN C. WOOLSEY Mr. Speaker, I would also like to give spe- ber past sacrifices made by the men and OF CALIFORNIA cial recognition to the 2002 Blair County Out- standing Older Worker, Romaine Fleming, and women of America’s armed forces. It is crucial IN THE HOUSE OF REPRESENTATIVES to the continued high morale of our military Martin’s Food Store, the 2002 Blair County and the peace of mind of missing soldiers’ Wednesday, September 18, 2002 Outstanding Employer of Older Workers. Ms. families that we offer our support—we must be Ms. WOOLSEY. Mr. Speaker, I rise today to Fleming was selected for her long-standing clear that their loved ones’ efforts were not in honor my constituent George Goddard who contributions to the community. Her most no- vain. died on August 15, 2002, from injuries sus- table contribution is her 34 years of dedicated Mr. Speaker, I urge my colleagues, the peo- tained in an automobile accident. service to Child Advocates of Blair County, ple of Maryland and citizens around the coun- Mr. Goddard was born in Chicago in 1923. Inc. Ms. Fleming is an inspiration to all those try to celebrate and honor those who have After graduating from Yale with a commission she works with and those she helps in her day selflessly dedicated their lives to serving their as Lt. (jg) in the U.S. Navy, he served on to day activities. I congratulate her on this well country and have, as a result, been either im- board the communications ship USS deserved recognition and thank her for her prisoned or remain missing. This country owes Panamint, which, during World War II, took the service to the community of Blair County. I a debt of gratitude to the current and former Japanese surrender of the island of Hokkaido. would also like to extend my congratulations for their recognition and my thanks to Martin’s POW and MIA soldiers of the United States After moving to Massachusetts in 1948, Mr. Food Store for their outstanding contributions armed forces. Goddard studied architecture at the Harvard School of Design where he was influenced by to the community as well. They are an organization that displays a strong respect for ma- f Walter Gropius and Mies van der Rohe. He moved to Belvedere in Marin County, CA, with ture workers and recognizes all the benefits EXPRESSING THE SENSE OF CON- his growing family and started his architectural this workforce can bring to an institution and GRESS ON THE ANNIVERSARY career with Skidmore, Owens and Merrill. He a community. Their desire to secure older OF TERRORIST ATTACKS later practiced independently and as a plan- workers demonstrates their belief that the ex- LAUNCHED AGAINST THE ning consultant designing teaching hospitals perience and reliability of these workers can UNITED STATES ON SEPTEMBER and medical and dental schools. add incredible strength to any organization. 11, 2001 As a lifelong activist in social, political, and I would like to again extend my thanks to conservation causes, George stayed involved. Experience Works for all their hard work and contributions they provide the older workers in SPEECH OF He served on the Belvedere Planning Com- mittee and played an integral role in acquiring this country and congratulate Romaine Flem- HON. PHILIP M. CRANE Richardson Bay tidelands to save them from ing and Martin’s Food Store for their recognition as the 2002 Blair County Outstanding OF ILLINOIS development. He also served as supervising architect during the move by barge of Lyford Older Worker and Outstanding Employer of IN THE HOUSE OF REPRESENTATIVES Older Workers, respectively. I wish them all House, an 1870s dairy residence about to fall the best of luck as they continue to enrich the Wednesday September 11, 2001 under the wrecker’s ball, to its current home at lives of others, as well as their own, through the Richardson Bay Audubon Sanctuary. their many contributions. Mr. CRANE. Mr. Speaker, Last week it was George Goddard loved hiking, backpacking, my high honor and privilege to join my col- sailing, and politics. In the 1990s, he orga- f leagues in the House and Senate for a Com- nized a group of fellow navy officers into what ECOSYSTEM RESTORATION IN THE memorative Joint Session of Congress in New became known as the Liars Club. Calling APPALACHIAN AND NORTHEAST York City to honor the victims and heroes of themselves Admirals, they met periodically to REGIONS September 11th. embellish their war experiences. As no one While we Members of Congress are often paid any attention to anyone else, they could engaged in abrasive confrontation, today I HON. DON SHERWOOD go on for years retelling the same enhanced OF PENNSYLVANIA look around and see total unity, total recogni- stories. He is survived by his wife Sheret, six IN THE HOUSE OF REPRESENTATIVES tion that whether Republican or Democrat, we children, two grandsons, and six stepchildren. Wednesday, September 18, 2002 are first and foremost Americans, and the Mr. Speaker, Mr. Goddard was a valued common values we share far outweigh those member of the Marin community who will be Mr. SHERWOOD. Mr. Speaker, I rise to in- we do not. missed by all who had the opportunity to know troduce legislation to authorize the Army This is the same expression of unity dem- him. Corps of Engineers to execute thousands of onstrated by Americans across the country on f required small aquatic ecosystem restoration the days following the terrorist attacks on Sep- projects in the Appalachian region and the tember 11th. I find comfort in the knowledge EXPERIENCE WORKS Northeastern United States. Currently, the re- that it represents a promise that we will not gion is estimated to have over 54,000 miles of back down from preserving our freedoms and HON. BILL SHUSTER impaired streams, rivers and coastline. In the protecting our homeland from those who wish OF PENNSYLVANIA Commonwealth of Pennsylvania alone 7,261 to destroy our way of life. IN THE HOUSE OF REPRESENTATIVES miles of streams and rivers out of 54,000 miles are classified as impaired. Of this And as we revisit some of the darkest mo- Wednesday, September 18, 2002 ments in our nation’s history, we must remem- amount 2,711 miles (37 percent) are impaired ber that our Nation has always been one that Mr. SHUSTER. Mr. Speaker, I rise today to due to abandoned mine drainage. Contami- has triumphed over adversity. Indeed, I think it acknowledge Experience Works, a nonprofit nated water emanating from abandoned coal is fair to say that at times of great despair, organization that provides training, employ- mines is one of the most severe and long last- America has consistently risen to its greatest ment, and community service opportunities for ing water pollution and habitat degradation hours. mature workers. problems in the Appalachian region. Pennsyl- Experience Works provides a valuable serv- vania has estimated cost to restore habitat So in remembrance of those lives lost on ice to seniors thru various programs designed and remediate water quality problems caused September 11th, I would like to conclude with to help them enter the workforce, secure a by Abandoned Mine Drainage (AMD) is in ex- some words from President Lincoln’s Gettys- more challenging position, move into a new cess of $3.8 billion. The Pennsylvania Fish burg Address: career, or supplement their income. These and Boat Commission estimates the economic ‘‘that from these honored dead we take in- services are provided to more than 125,000 loss to fisheries and recreation of the 2,711 creased devotion to that cause for which people each year thru their offices located in miles impacted by mine drainage is approxi- they gave the last full measure of devotion * 44 states nationwide and in Puerto Rico. Ex- mately $67 million annually. * * that we here highly resolve that these dead shall not have died in vain * * * that perience Works programs are funded by more Moreover, using data from the Environ- this nation, under God, shall have a new than 75 public and private sources, and are mental Protection Agency, it is apparent the birth of freedom * * * and that government of the largest grantee of the federal govern- extent of just the aquatic ecosystem problems the people * * *by the people * * * for the peo- ment’s Senior Community Service Employ- is enormous; the extent of degraded contrib- ple * * * shall not perish from the earth.’’ ment Program (SCSEP). Through their work, uting land resources is likewise of tremendous CONGRESSIONAL RECORD — Extensions of Remarks E1609 scope. For example, West Virginia has 6,213 EXPRESSING THE SENSE OF CON- For many years, international organizations miles of impaired waters, 69 percent of which, GRESS ON THE ANNIVERSARY including the International Labor Organization, are caused by mine drainage. In both Mary- OF TERRORIST ATTACKS the International Confederation of Free Trade land and New Jersey greater than 25 percent LAUNCHED AGAINST THE Unions, and the United Nations Commission of all surface waters are considered impaired. UNITED STATES ON SEPTEMBER on Human Rights have attempted to get the 11, 2001 regime to emancipate it’s slaves. Burma has In New Jersey 76 percent of the impaired wa- flaunted international sanctions and continues ters have impaired aquatic life. New York SPEECH OF to be uncooperative and deny access to State has 3,324 miles of impaired waters. HON. BETTY McCOLLUM human rights organizations investigating these Connecticut has 4,119 miles of impaired OF MINNESOTA and many other human rights abuses. streams and coastline. Vermont has 757 miles IN THE HOUSE OF REPRESENTATIVES Burma’s military regime emphatically rejects of impaired streams and 21,376 acres of im- Wednesday, September 11, 2002 core labor rights including prohibitions on child paired lakes, 43 percent of these have im- labor, forced labor, and freedom of associa- paired aquatic life. New Hampshire and Maine Ms. MCCOLLUM. Mr. Speaker, I rise today tion. This is even more disconcerting because in memory of the events of September 11th. combined have 3,588 miles of impaired the military elite prop up a system of sweat- One year ago America suffered a horrible shops producing textile products for western streams/coastline and over 290,000 acres of act of terrorism in New York, at the Pentagon impaired lakes. Correcting these problems will markets. Even under strict quotas, Burmese and in Pennsylvania. Four planes, filled with textile exports have exploded into the U.S. require both innovative solutions and a broad innocent Americans, were turned into weap- market creating a direct source of hard cur- ecosystem based approach that considers ons at the hands of men filled with anger and rency for the military dictatorship. And there both the waterways, and the land issues con- hate, intent on bringing death and destruction are credible allegations being investigated that tributing to water degradation. to our great country. It is a day none of us will many goods skirt sanctions by masking their ever forget. country of origin. The intent of this legislative proposal is to As the United States moves forward, we Textile exports are the life support for the establish a pilot program, with broad authority must remember those who died on September Burmese regime and we need a complete ban for comprehensive restoration in the Appa- 11th, as well as the acts of heroism, valor and on Burmese exports until we see freedom and lachian, New England, and Mid-Atlantic Re- courage displayed on that day and the weeks an end to slavery. I commend my colleagues gions of the United States. This authority will and months to follow. I continue to find inspi- and the Administration that have stood up for ration in the efforts of all Americans who begin to address the longstanding problems of human rights in Burma and kept the pressure risked their lives to save and heal their neigh- abandoned mine drainage and other non-point on the regime. Now is not the time to relax bors, co-workers, and strangers in need. sources of pollution currently impairing water sanctions, but instead tighten the noose on Let us also not forget the men and women quality and species diversity on the region. one of the world’s worst totalitarian govern- in our armed forces who today are engaged in The program is intended to provide seamless ments. a campaign against terrorism, fighting to pro- authority for the Corps of Engineers to plan, tect our freedom and seeking justice against f design and implement small ecosystem res- those who attacked us. Their continued valor SBA 504 AND 7(A) LOAN PROGRAM toration projects in cooperation with non-Fed- is a testament to the will and resolve of our SUBSIDY RATE CALCULATION eral partners including States, local Govern- great nation. ments and non-profit organizations. The cost We will continue to pray for the victims and HON. DARRELL E. ISSA sharing provisions of this authority are con- their families as we re-build the communities OF CALIFORNIA sistent with other Corps of Engineers con- affected by those terrible acts of violence. IN THE HOUSE OF REPRESENTATIVES tinuing authorities and include innovative pro- Today, one year after this horrific act of ter- visions to allow pilot testing of innovative tech- rorism, we, as Americans, re-affirm our high- Wednesday, September 18, 2002 nologies, allow non-Federal sponsorship by est beliefs in freedom, democracy and justice. Mr. ISSA. Mr. Speaker, I rise today because non-profit organizations, and allow non-Fed- f I am concerned about the effects of an unjust eral sponsors credit for in-kind services per- MARKING THE 14TH ANNIVERSARY tax on borrowers. Every time the Small Busi- formed during the feasibility study phase of a OF BLOODY RISE TO POWER OF ness Administration makes a 504 or 7(a) loan, the borrower pays an arbitrary and unneces- project. MILITARY DICTATORSHIP IN BURMA sary fee. The total cost of the proposed legislation The subsidy rates for the 504 and 7(a) have over the authorized six year term is HON. LANE EVANS not reflected the actual performance of these $200,000,000. This amount will not solve the loan portfolios over the past 11 years since OF ILLINOIS the passage of the Credit Reform Act in 1990. regions’ total ecosystem restoration needs but IN THE HOUSE OF REPRESENTATIVES it will contribute substantially to meeting these The House Small Business Committee has re- Wednesday, September 18, 2002 needs and add to the overall non-Federal ef- peatedly raised this issue with the Office of forts currently in process. The estimated bene- Mr. EVANS. Mr. Speaker, today marks the Management and Budget. OMB continues to use a flawed methodology to determine the fits of this program include improved water fourteenth anniversary of the bloody rise to power of the military dictatorship in Burma. cost of these loan programs to the govern- quality, restored ecosystem habitat and in- This despotic regime has denied its people ment and SBA borrowers are forced to pay creased species diversity, both aquatic and basic liberties and freedoms including demo- excessive fees that, since 1999, have totaled terrestrial, economic benefits associated with cratic representation, free speech, and an nearly $2 billion. restoration of stream and river fisheries, and independent press. Allegations have also Today, the typical SBA 504 borrower pays other intangible benefits to communities asso- come to light that this regime has used the more than $10,000 in excess fees and the typ- ciated with the visual improvement of environ- mass rape of women and children to instill ical 7(a) borrower pays more than $2000 in mental surroundings. This program will also fear. They have imprisoned and murdered excess fees to the government because OMB provide much needed technical assistance to thousands of their political opponents and fails to accurately determine the subsidy rates States and local communities in the assess- closed thirty universities since 1995 to sup- of these loans. Congress never gave OMB the ment of environmental problems and the de- press popular student opposition. right to impose a $10,000 tax on every 504 I would like to speak specifically to the issue borrower or a $2000 tax on every 7(a) bor- velopment of restoration strategies using the of labor rights in Burma. It is an undisputed rower. Yet that is what OMB is doing by con- Corps’ state of the art watershed modeling fact that the Government of Burma has forced tinually overstating these subsidy rates. techniques and experience gained in environ- thousands of its citizens into forced labor. The SBA is responsible for more than 40 mental restoration. Bonded servitude is woven into the social fab- percent of all long-term lending to small busi- ric of many nations, but in Burma it is even nesses. The inability of OMB to accurately es- more contemptuous because it is nothing timate the cost of subsidizing small business more than slavery at its core and it is sanc- loans draws needed resources from the very tioned by the government and employed by its businesses these programs are intended to military. assist. E1610 CONGRESSIONAL RECORD — Extensions of Remarks September 19, 2002 Mr. Speaker, this problem is not a partisan commend the extraordinary contributions of ethnic minorities. In addition, I urge the inter- problem. It has existed throughout the pre- Mrs. Norma Brito Todd. national community to press Burma’s regime vious administration and the current adminis- f to cease the violence and murder perpetrated tration. It requires immediate action. It is time against the people and allow the legitimately to require OMB to recalculate the 7(a) and SUPPORT DEMOCRACY IN BURMA elected leaders of the country to govern. 504 program subsidy rates for FY 2003. f f HON. JOSEPH R. PITTS FOR BURMESE FREEDOM OF PENNSYLVANIA RECOGNITION TO NORMA BRITO TODD IN THE HOUSE OF REPRESENTATIVES HON. BENJAMIN A. GILMAN Wednesday, September 18, 2002 OF NEW YORK HON. FRANK PALLONE, JR. Mr. PITTS. Mr. Speaker, today news reports IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY reveal that over 300 Karen villagers fled their Wednesday, September 18, 2002 homes because State Peace and Develop- IN THE HOUSE OF REPRESENTATIVES Mr. GILMAN. Mr. Speaker, fourteen years ment Council soldiers, known to the rest of the Wednesday, September 18, 2002 ago today the Burmese people rose up and world as the government military dictatorship, protested, non-violently, against the military re- Mr. PALLONE. Mr. Speaker, I would like to burned their villages to the ground. Once gime ruling their country. They marched—stu- call the attention of my colleagues to a friend again, villagers in Burma are living homeless dents, farmers, monks, academics, journalists and constituent of the Sixth District of New in the jungle. and professionals alike—in front of the U.S. Jersey. Mrs. Norma Brito Todd, who at 82 On September 18, 1988, the military forced Embassy, in Rangoon, to tell the world that years of age, works as the director and coordi- its rule on the people of Burma, a rule that they wanted democracy. Our embassy heard nator of Lunch Break Inc. in Red Bank, New has been dominated by severe violence and their pleas, their shouts for freedom. In a na- Jersey is being honored as New Jersey’s Out- oppression including rape, the enslavement of tionwide uprising, that predated that of standing Older Worker. children, attacks on ethnic minorities, impris- Tiannamen Square, thousands of brave souls Mrs. Todd was born in Long Branch, New onment and torture of democratic political op- lost their lives, in Rangoon alone. CNN did not Jersey on October 6, 1920. She was one of position groups, and the destruction of homes record the event—TV coverage then, and five children born to Joseph Brito, a real es- and villages. The people of Burma have strug- today, is not allowed in Burma, unless stage- tate broker, and Lucy Brito, a homemaker. gled to survive under this brutal regime. On managed by the regime. She grew up in Red Bank and attended River this day of tragic remembrance, the United How fortunate the Burmese people are to Street School and Red Bank High School. States and the entire international community have a leader, Nobel Peace Prize recipient, Norma began her college education at North must come together to support and assist the Daw Aung San Suu Kyi, who has willingly sac- Carolina State College in Durham, NC. She Karen, Karenni, Chin, Shan and other people rificed her own freedom for that of her 50 mil- completed her studies at Cortez Peters Busi- of Burma. lion countrymen and women. Her party, the ness School in Washington, DC. She grad- The Burmese regime does not limit its at- National League for Democracy, (NLD) won a uated in 1944. tacks to ethnic minorities, but also brutally op- free and fair election despite her being under In Washington, Norma met and shortly presses religious minorities. The military in- house arrest, in 1990. The people of Burma thereafter married James Richard Todd. To- vades villages, divides families through forced voted for all which we hold sacred. Fourteen gether they embarked on a thirty-five year ca- relocation, and uses rape and murder to sub- years is a long time to wait to honor the elec- reer and never-ending adventure in the U.S. jugate the people. The Karen community in tion results and the aspirations of the Burmese Foreign Service, which took them all over the southern Burma has been under severe attack people. world. Some of their stops over the course of by the Burmese military, particularly this year. The Congress and all administrations since these thirty-five years included: Earlier this summer, I shared in a floor speech that time, have supported the NLD and Bur- Cairo, Egypt, where Norma helped admin- that I had photographic evidence of a mas- ma’s democracy movement. But we have ister anti-cholera injections and taught hygiene sacre in the Karen State in Burma. The re- done enough. The regime tells us, through to local townspeople. Norma had ample time gime’s troops brutally killed innocent civilians their DC-based lobbyist, that they are willing to to evacuate, but she chose to remain at her as they attempted to flee to refugee camps in cooperate with the U.S. on counter narcotic husband’s side and assist during this epi- neighboring Thailand. Despite promises to the measures. Evidence points to the contrary. demic. The Todd’s older daughter, Cynthia, international community that it will cease such Where is Khun Sa, the infamous drug lord? was born in Cairo. blatant human rights violations, the regime re- Although he has been under indictment in the Tel Aviv, Israel, Norma helped her husband fuses to take action against those responsible Eastern District of New York for Federal drug distribute Social Security checks to retired for the massacre. As usual, no investigation violations that include conspiracy, importation Americans living in remote places in Israel. into the incident has occurred. of, and possession with intent to distribute her- The Todd’s second daughter, Coralle, was The SPDC regime deceives the international oin in the United States, he is believed to be born during their stay in Israel. community again and again by saying one residing in a military safe house in Rangoon, Now at 81 years of age, Mrs. Norma Todd thing and then doing another. Recently, the under a cease fire and amnesty agreement is the Director and Coordinator of the Lunch SPDC freed democracy leader and 1991 with the military junta. He is free; the Burmese Break Program in Red Bank. She has held Nobel Peace Prize recipient Daw Aung San people are not. He joins the generals in living this position since 1983. She arrives at the Suu Kyi and promised to permit free political without fear; while the Burmese people do not. center each morning at seven, stating that she expression in Burma. Since that promise, how- Accordingly, on this day fourteen years after needs a little peaceful time to herself before ever, the regime refuses to open a political the Burmese people gave their lives for de- the hustle and bustle of the day begins. dialogue with the National League for Democ- mocracy, we ask the world and this Congress Norma’s colleagues describe her as: a racy and Burma’s ethnic communities. for support to continue to pressure the regime mother, a teacher, a friend, or just a shoulder The international community, on behalf of until the aspirations of the Burmese people to cry on to those in the community who find the people of Burma, should make it clear that are fulfilled. I urge my colleagues not to forget themselves in need. She has a sparkle in her the oppressive dictators of Burma will no that, in Burma, a parliamentary chamber has eye, and a bounce in her gait. Norma’s life longer be tolerated—we do not want to re- not been filled with an electorate. mission has always been to help those in member another anniversary of the human Aung San Suu Kyl has said: ‘‘What we are need, both young and old. She has always de- rights violations against Burma’s people. In- concerned about is the freedom of political voted her time to her family and to public serv- stead, next year on this day, we should be parties and the freedom of all the people of ice. She has never measured her success by celebrating the return of democracy and free- Burma.’’ If we turn our backs on Burma, if we money but rather by her accomplishments dom to the people of Burma. don’t speak out, and act, in support of those throughout the world. I urge our Administration and my colleagues who chose democracy, we will be undermining It is with great satisfaction and appreciation in Congress to act to support democracy in all duly elected public officials, including our- that I ask my colleagues to join with me and Burma and help provide aid to the suffering selves. CONGRESSIONAL RECORD — Extensions of Remarks E1611 RECOGNITION OF ROXBOROUGH Medicare, a benefit that would be voluntary will be a negative shift in costs to seniors, and MEMORIAL HOSPITAL REHABILI- and universal. I fully support the Democratic a conversion of Medicare into a voucher pro- TATION UNIT DURING NATIONAL proposal, and I also support the proposals put gram in which seniors would get a fixed gov- REHABILITATION WEEK forward by AARP. ernment contribution and in turn would be told If we look at the facts and put aside the to choose a health plan they can afford. HON. CHAKA FATTAH rhetoric, the facts are clear. Soaring prices for For all the talk about strengthening Medi- OF PENNSYLVANIA prescription drugs are putting medicine out of care for the future, seniors around this great IN THE HOUSE OF REPRESENTATIVES reach for millions of seniors. nation are concluding that the ultimate goal is We Democrats support a Medicare prescrip- to undermine Medicare by forcing seniors into Wednesday, September 18, 2002 tion drug benefit that covers all seniors. Every private insurance and HMOs for drug cov- Mr. FATTAH. Mr. Speaker, I rise today to senior would have access, regardless of erage. recognize the importance of National Rehabili- where he or she lives and the amount of their Now is the time to provide a Medicare pre- tation Week, as well as congratulating the ac- income. scription drug benefit. Democrats are ready, However, the House Republican prescription complishments of the Rehabilitation Unit at willing and able to provide seniors with a ben- drug plan is a sham proposal that provides no Roxborough Memorial Hospital. efit they desperately need. Our colleagues on real guarantee at all. Their plan will not cover Each year, thousands of rehabilitation pro- the opposite of the aisle need to roll up their all seniors. In fact, the benefit will be so lim- viders and health and human services agen- sleeves and work with us. We owe a debt of ited that it won’t be worthwhile for many mid- cies join together during the third week in Sep- gratitude to seniors who have helped to make dle-income seniors to enroll. Moreover, the tember to celebrate the powers of rehabilita- America great and strong. The least we can Republican plan forces seniors to shop for and tion and share the message that through reha- do is deliver on our commitment to help keep buy a private insurance plan, making it a has- bilitation there is hope, achievement, and suc- them healthy by providing a prescription drug sle for older Americans who will have to con- cess. To answer the need to educate people benefit. throughout the United States, Allied Services tend with insurance plans that come and go. Democrats know that this model doesn’t healthcare system first celebrated National f Rehabilitation Week in 1976. What began as work. The model didn’t work in 1965, and a small scale local awareness campaign 26 that’s why we created Medicare. Even the in- PAYING TRIBUTE TO: JIM AND years ago has steadily grown in scope over surance companies say it won’t work—the HELEN BERNAL the years. Health Insurance Association of America has The Rehabilitation Unit at Roxborough Me- said that they will not offer drug-only policies. morial Hospital is dedicated to serving the re- Simply put, the Republican plan is guaranteed HON. SCOTT McINNIS habilitative needs of the Roxborough commu- to fail. OF COLORADO Let me also emphasize that the Republican nity. Rehabilitative therapy allows many vic- IN THE HOUSE OF REPRESENTATIVES tims of injury and illness to achieve independ- prescription drug plan does absolutely nothing ence and improved quality of life. Individuals to slow prescription drug prices from con- Thursday, September 19, 2002 tinuing their upward spiral. with disabilities have found hope, spirit, and Mr. MCINNIS. Mr. Speaker, I would like to It is time for my majority colleagues to come dignity through the service of rehabilitation take the time to honor Jim and Helen Bernal clean. Now is the time to pass a meaningful medicine. of Fruita, Colorado for the unrelenting service prescription drug plan that uses Medicare to Mr. Speaker, I commend the Rehabilitation they have given to their community. The make drugs affordable and which provides a Unit at Roxborough Memorial Hospital for their Bernal family resided in Colorado long before universal, voluntary benefit for all seniors. If tireless dedication to help patients work to re- the state had been admitted into the Union, we closely examine the proposals put forward gain strength, confidence, and daily living part of a proud legacy spanning eight genera- by the majority, it is abundantly clear what skills after a disabling injury or illness. tions. For their part, Mr. and Mrs. Bernal have they are doing. They say ‘‘Lower the cost of f been committed to making the town of Fruita prescription drugs now,’’ but that really only a better place to live. –Married 48 years ago PRESCRIPTION DRUGS translates to ‘‘take credit for minimal discounts in Antonito, Colorado, Jim and Helen have dis- that are already available.’’ played great teamwork, working together and The facts are crystal clear, the so-called dis- HON. JUANITA MILLENDER-McDONALD accomplishing tasks that many would deem counts will be nothing more than minimal dis- OF CALIFORNIA impossible. Jim and Helen Bernal have raised counts from programs that are readily avail- IN THE HOUSE OF REPRESENTATIVES eight children, and have 29 grandchildren, and able in the marketplace today. Furthermore, Wednesday, September 18, 2002 two great-grandchildren. Although they may these programs advertise far better savings have an eventful home life on their 600-acre Ms. MILLENDER-MCDONALD. Mr. Speaker, than what they actually offer. our Nation and its seniors are experiencing a Another mantra being repeated constantly is farm just outside of Fruita, the couple remains crisis regarding Medicare benefits and specifi- ‘‘guarantee all senior citizens prescription drug busy with a variety of different projects. cally prescription drugs. This issue is of vital coverage,’’ but the translation is ‘‘promise sen- Jim and Helen Bernal are part of a fourteen concern to them. Furthermore, in my Congres- iors an inadequate drug benefit offered by pri- member board that is working to finance and sional District, my constituents consistently vate insurance companies.’’ build a community center in Fruita, Colorado. raise questions to me about what looms on At the end of the day, when seniors have to Working diligently to utilize any resources that the horizon as it relates to them obtaining a check their bank balances, there is no getting might further their cause, the couple has prescription drug benefit, because the cost of around the reality that an inadequate drug placed recycling barrels around the community prescription drugs is so high. benefit offered by private insurance companies to help raise money for the project. They have At the current time, seniors on fixed in- is really no guarantee whatsoever. also organized and participated in a variety of comes are confronted with escalating prices Early reports indicate that the Republican fundraising events that have raised a total of for medication and private companies are of- plan has major gaps and their prescription $57,000. Jim Bernal is also an avid drummer, fering benefits that are grossly inadequate. drug plan will leave Medicare beneficiaries and his band performs several times a month Meanwhile, the majority’s proposal will force 100% financially liable for thousands of dollars for senior citizens in nearby communities. Al- seniors to shop for and buy a private insur- in drug costs. At the same time insurers can ways ready to lend a helping hand, Helen ance plan. charge whatever they want and discriminate serves as the coordinator and booking agent The truth is, seniors are pawns in the cor- against the most vulnerable, including those for the band. porate and political game of prescription with disabilities. Mr. Speaker, it is with great privilege that I drugs. They are being forced to choose be- What we must do as Democrats is improve recognize Jim and Helen Bernal before this tween buying food or their medication. No Medicare by providing more choices and sav- body Congress and this nation today. The matter what choice they make, their health is ings, not by shifting costs to seniors and lim- Bernals have been widely praised throughout still imperiled. It is unfair and unconscionable iting the choice of providers. the community for their optimism and deter- that our seniors are being treated in this man- My seniors are telling me that they think the mination and I am proud to join in that admira- ner. They deserve far better treatment. Republican proposals will not result in more tion for such an inspirational couple. Thank Democrats support a Medicare prescription health care providers or more savings. They you, Jim and Helen, and please keep up your drug benefit that covers all seniors under express deeply held fears that the end result good work. E1612 CONGRESSIONAL RECORD — Extensions of Remarks September 19, 2002 DEVELOPING NEW TREATMENTS ple living with HIV/AIDS. The importance of he completed a Bachelor of Science degree in FOR PEOPLE LIVING WITH HIV/ these discoveries and developments cannot Teacher Education. He then went on to earn AIDS be stressed enough. Breakthrough bio- a Master of Arts degree in Education Adminis- technology advances in the worldwide fight tration from Central Michigan University and a HON. MARK UDALL against HIV/AIDS, produce vital life-saving al- Doctor of Philosophy degree from Michigan OF COLORADO ternatives for patients living with HIV. What State University in Education Administration. IN THE HOUSE OF REPRESENTATIVES these companies have learned from devel- In preparation for becoming a college presi- oping state-of-the-art manufacturing facilities dent, Dr. Hawkins completed the Harvard Thursday, September 19, 2002 for Fuzeon will also improve our nation’s abil- Seminar for New Presidents. Mr. UDALL of Colorado. Mr. Speaker, I rise ity to develop and manufacture new therapies Dr. Hawkins’ achievements and experiences today to share with my colleagues news of an for other diseases. have well-prepared him for his current position important development in medicine that is tak- The public sector has a role to play as well. as President of Texas College. He served as ing place in my district—the manufacturer of a I call upon my fellow colleagues to support Provost and Vice President for Academic Af- new generation of HIV therapy. This complex, funding of vital and fiscally prudent public pro- fairs/Professor at Mississippi Valley State Uni- breakthrough therapy, called Fuzeon, generic grams that provide access to life-saving treat- versity from March 1, 1999 to November 31, name enfurvitide, is the drug formerly known ments such as Fuzeon. The AIDS Drug As- 2000, as Vice President for Academic Affairs/ as ‘‘T–20’’ Fuzeon is a new drug that attacks sistance Program (ADAP) provides federal Professor at Saint Paul’s College in HIV in a new way, promising new hope for pa- contributions to state run programs designed Lawrenceville, Virginia from September 1995 tients who have exhausted other therapies. to provide innovative, life saving HIV drugs to to February 1999, as Acting Dean, Associate Fuzeon is the product of groundbreaking med- low income, uninsured people living with HIV. Dean, Assistant Dean/Full Professor in the ical research and cutting edge engineering I ask my House colleagues to include an in- College of Education at Ferris State University and is an example of how the private sector crease of $162 million for ADAP funding in the from 1985 to August 1995, and as Director of is contributing to dramatic advances in House Labor, Health and Human Services ap- Educational Opportunity Program at the State healthcare and specifically in helping to man- propriations bill for FY 2003. Many states are University of New York at Morrisville College, age the most devastating infectious epidemic experiencing budget problems, and demand is Morrisville, New York from 1981 to 1985. Dr. in the recorded history of mankind. outpacing available resources lot ADAP pro- Hawkins has authored two books—‘‘Educating In July, Fuzeon clinical trial results were grams. From 1996 to 2001, the number of cli- All Students (A Pathway to Success)’’ and presented at the International AIDS Con- ents served nationally by ADAP programs has ‘‘Reaching for the Stars.’’ He has been fea- ference in Barcelona, the world’s largest HIV/ grown by 144 percent, with expenditures on tured on national television and at regional AIDS meeting. These studies included over a drugs increasing by over 300 percent, and and national conferences to discuss our na- thousand patients with advanced HIV who funding levels increasing at smaller rates. In tion’s special education system. demonstrated resistance to a majority of cur- my own state of Colorado, the ADAP has pro- Dr. Hawkins is the recipient of numerous rently available HIV treatments and were near- vided life saving HIV treatments to over 1,300 honors and awards. In January 1999, he re- ing the end of their treatment options. These low income, uninsured people to date this ceived appointment as a member of the study results showed that Fuzeon had a sig- year. Like other ADAPs, the Colorado program Southside Virginia Business and Education nificant impact in reducing HIV viral load and needs to respond to the increasing number of Commission by former Governor James S. improving immune response in these difficult individuals seeking access to these treat- Gilmore, III, of Virginia. In August 2002, Dr. to treat patients. Fuzeon, once approved by ments. Hawkins was nominated by Secretary Ronald the Food and Drug Administration, could be With this recommended increase in funding, Paige of the United States Department of Edu- commercially available as soon as early 2003. we offer a real helping hand, send a message cation to serve on the Historically Black Col- At present, there are 800,000–900,000 peo- that the federal government encourages pri- leges and Universities Capital Financing Advi- ple living with HIV in the United States. Inno- vate investment in groundbreaking research, sory Board to advise Congress regarding pro- vative HIV therapies, taken in combination and meet our fiscal objectives. gram progress for implementing construction ‘‘drug cocktails,’’ have allowed many of these f financing on HBCU campuses. He also cur- individuals to live relatively healthy, productive rently serves on the Board of Directors of the lives. However, HIV is a formidable virus that IN RECOGNITION OF DR. BILLY C. Tyler Chamber of Commerce, the Tyler Eco- can adapt to become resistant to existing HAWKINS nomic Development Council, the Boys and treatments and is doing so. In fact, one of the Girls Club of Smith County. and the United biggest challenges facing people living with HON. RALPH M. HALL Way. He is the proud father of two children, HIV today is an emerging resistance to cur- OF TEXAS son Billy Jr. and daughter Marlana. rently available treatments. Fifty-one percent IN THE HOUSE OF REPRESENTATIVES In closing, I want to share what his good of AIDS patients are immune to at least two of Thursday, September 19, 2002 friend Mr. Darrell Green, of the Washington the three available classes of therapies there- Redskins football team, has this to say about by severely limiting the treatment options Mr. HALL of Texas. Mr. Speaker, I rise him: ‘‘Dr. Billy Hawkins is a true leader in available to them. Fourteen percent are resist- today to recognize Dr. Billy C. Hawkins upon every sense of the word, and most impor- ant to all three classes and are left with no his inauguration as the Twentieth President of tantly, my lifelong friend.’’ Mr. Speaker, I way to control the advancement of their dis- Texas College, in Tyler, Texas, on September proudly honor Dr. Billy C. Hawkins today as ease. These patients are in desperate need of 20, 2002. Dr. Hawkins has proven himself as he is officially inaugurated as the Twentieth new options. a dynamic and courageous leader, and has al- President of Texas College. That is why Hoffmann-La Roche, the phar- ready instituted tremendous change at Texas f maceutical company that introduced the College since he became President on De- world’s first protease inhibitor and the first HIV cember 1, 2000. Dr. Hawkins has secured ac- HONORING THE SANTA BARBARA viral load test, has partnered with the biotech creditation from the Southern Association of FOUNDATION company Trimeries Inc., a leader in HIV inno- Colleges and Schools for Texas College, de- vation, to develop and manufacture Fuzeon— veloped a single parent program, developed HON. LOIS CAPPS a new generation of HIV therapy. Fuzeon will an accelerated degree program, and helped to OF CALIFORNIA help to addresses the urgent and unmet greatly increase enrollment at Texas College. IN THE HOUSE OF REPRESENTATIVES needs of HIV/AIDS patients who have built up These accomplishments portray the dedication resistance to current therapies. This inter- and success of Dr. Hawkins. I work closely Thursday, September 19, 2002 nationally anticipated and complex drug will be with Dr. Hawkins and I am proud to honor him Mrs. CAPPS. Mr. Speaker, today I would manufactured right here in the United States— on the occasion of his Investiture Ceremony like to pay tribute to the Santa Barbara Foun- in Boulder, Colorado. It requires the creation as the Twentieth President of Texas College. dation on the occasion of their 75th anniver- of one of the most complex drug manufac- Dr Billy C. Hawkins is a native of Kent, Ohio sary. The Foundation has greatly enriched the turing processes ever undertaken because the and graduated from Roosevelt High School. Santa Barbara community as a whole and drug is far more intricate in its structure and He was a great football player in high school many organizations have greatly benefited development than any existing drug. and at 21 years of age, he became the young- from its generosity. Roche and Trimeris are investing consider- est head football coach in Michigan history. In 1928 Major Max Fleischmann made the able resources to bring new therapies to peo- He enrolled at Ferris State University where initial contribution to the Foundation that has CONGRESSIONAL RECORD — Extensions of Remarks E1613 since enhanced the lives of so many Central boards for the Grand Junction Area Chamber health of the lands affected by these sites. Coast residents. Since that first donation, the, of Commerce, Mesa National Bank, Rocky However, because those responsible for these Santa Barbara Foundation has become an or- Mountain Health Foundation, and the Mesa abandoned, polluting mines cannot be found, ganization that provides grants and funds to County Economic Development Council. Per- most of these mines go on polluting. What’s projects within four fields of interest: Education haps most importantly, Mike is married to his worse, because of the costs of cleanup and and Personal Development, Health & Human wife Jeannie, and has four children. As he re- the risks of future liability exposure, many enti- Services, Culture & Recreation and Environ- tires from Rocky Mountain HMO, I look for- ties that would be willing to cleanup these ment and Community Enhancement. The ward to him still playing an important role in mines are discouraged from taking steps to Foundation additionally promotes programs his community and the healthcare industry be- clean them up. that expand opportunities for the less advan- cause he is a great asset and brings a lot of To address this problem, I have introduced taged as well as those that will enhance the talent to the table. legislation—H.R. 4078 ‘‘The Abandoned lives of youth. In fact, over the last 72 years, Mr. Speaker it is my privilege to rise today Hardrock Mines Reclamation Act of 2002’’—to more than $60,000,000 has been distributed in to honor this outstanding citizen before this facilitate the cleanup of these mines by cre- the forms of grants and student financial aid. body of Congress and this nation. Mike Weber ating an abandoned mine cleanup fund and a There are more than 550 similar foundations has shown great dedication and leadership on special permit program that would encourage throughout the nation, and the Santa Barbara local and state healthcare matters on up to more federal, tribal, state, local and commu- Foundation holds the distinction of ranking nationwide issues. I am glad to extend to him nity efforts to clean up these languishing pollu- among the top 50 oldest and largest such or- my gratitude for all he has accomplished in his tion sources. Carmi and her staff at Colorado ganizations. A board of trustees and a staff of field and wish him all the best in his retire- Clean Water Action recognized the signifi- 12 make pertinent decisions and run the oper- ment. cance of this problem and the value that this ation on a day-to-day basis. And of course, f legislation would bring to addressing it. As a the Foundation could never operate as suc- result, she has made this issue and the need cessfully as it does without the help of the TRIBUTE TO COLORADO CLEAN to address it a top priority for the efforts of over 100 volunteers that dedicate the most WATER ACTION AND ITS CAN- Colorado Clean Water Action, including many precious resource a non-profit could ask for— VASSERS hours of hard work by dedicated young people their time. who canvass door-to-door in Colorado com- Santa Barbara is extremely fortunate to HON. MARK UDALL munities letting people know about this issue have an organization of this generosity in its OF COLORADO and what can be done to help address it. midst. I would like to bestow my sincerest con- IN THE HOUSE OF REPRESENTATIVES I want to take this opportunity to express my gratulations to the Foundation on its 75th anni- Thursday, September 19, 2002 heartfelt thanks to Carmi and her canvassers versary and wish the organization the very who have been spending the summer and fall best in the future. Mr. UDALL of Colorado. Mr. Speaker, I rise of 2002 working on this issue. Specifically, I today to acknowledge the important work of f want to recognize the following people who Colorado Clean Water Action and the out- have been working especially hard at Colo- PAYING TRIBUTE TO MICHAEL J. standing efforts of many of the group’s can- rado Clean Water Action on the abandoned WEBER vassers who work tirelessly to educate the mine waste problem: David Scheck, Brian public and improve the environmental quality Dunn, Stoney Bergman, Greg Sobczynski, HON. SCOTT McINNIS of life for all Coloradans. Katie Tegeler, John De Wees, Nik Haynes, OF COLORADO Clean Water Action is a nationally recog- Lindsay Bennett, Noel Jensen, Melinda Miller, IN THE HOUSE OF REPRESENTATIVES nized organization dedicated to enhancing the Whitney Hanson, Whitney Gann, Eric Hale, quality of our environment and especially of Thursday, September 19, 2002 Ana Cordova, Courtney Bennett, Amy our nation’s water resources. In arid states like Addison, Dewey Brown, and Fred Kirsch. Mr. MCINNIS. Mr. Speaker, I would like to Colorado, water is a precious and scare com- Mr. Speaker, the future of our democracy take this moment to pay tribute to Michael modity. That makes the work of groups like depends on the active involvement of our Weber and thank him for his many contribu- Clean Water Action all the more important. young people in the important issues facing tions to healthcare and public policy initiatives Clean Water Action’s efforts to enhance water our nation. I am pleased that these young in Colorado and throughout the nation. As quality not only benefit humans, they also ben- people have taken a special interest in this Mike retires from his position at Rocky Moun- efit wildlife and promote a host of other envi- issue and hope that they remain active on en- tain HMO, let the record show that I, along ronmental and economic values, such as pro- vironmental protection as well as other issues with the people of Colorado, appreciate his ductive agriculture, wetlands protection and of importance to them. I believe that it is im- leadership of healthcare and managed care in recreation. portant for us as leaders and elected officials rural areas. His dedication and hard work is Here in Colorado, Clean Water Action has to stop and take notice of the civic involve- greatly respected and I am honored to pay been led by Carmi McLean, an effective and ment of our young people, recognize the im- tribute to him today in front of this body of passionate leader for the cause of the environ- portance of it and encourage more such par- Congress. Mike will long be remembered as ment. Over the past three decades, Carmi has ticipation. I also want to thank organizations an effective leader by all who worked with him been involved in most if not all of the high pro- like Clean Water Action and people like Carmi in the healthcare industry, and he will continue file environmental issues facing Colorado and McLean who provide leadership and an oppor- to stand out as a leader in his home commu- the nation. She has been active in wilderness tunity for young people to participate in our nity of Grand Junction, Colorado. protection, reducing pollution and holding pol- democracy. I ask my colleagues to join me in During his time as CEO of Rocky Mountain luters accountable for their releases, fighting thanking these young people and Colorado HMO, Mike turned his company into the leader damaging rollbacks of environmental protec- Clean Water Action for their great efforts. of rural area managed care, growing the com- tion laws and programs such as Superfund, f pany from a one-county organization serving and, of course, in all issues related to water 3200 members in 1975 to one serving over quality. Colorado Clean Water Action has also IN MEMORY OF ROBERT W. 128,750 statewide today. He was a five-term been involved in these and similar issues ‘‘RUSTY’’ NORTON president of the Colorado Association of since 1989. HMOs, served ten years on the Board of Di- Recently, Colorado Clean Water Action has HON. RALPH M. HALL rectors of the American Medical Care and Re- taken up the important, cause of reducing the OF TEXAS view Association, and was a member of the toxic discharge of heavy metals and acids IN THE HOUSE OF REPRESENTATIVES National Task Force on Medical Management. from old, abandoned hardrock mining oper- Perhaps a more telling accomplishment is the ations. These mines, which occur in the hun- Thursday, September 19, 2002 respect shown by several governors of Colo- dreds of thousands across the west, have Mr. HALL of Texas. Mr. Speaker, as we ap- rado—his numerous panel appointments in- caused impacts to a number of watersheds proach year’s end, I often think back to dear clude the Colorado Cost Containment Com- which oftentimes supply drinking water to friends that we have lost this year. One I es- mission, the Health Advisory Council, and the many western communities. These releases pecially loved, and miss, is the late Robert W. Statewide Health Coordinating Council. also can have devastating impacts to the ‘‘Rusty’’ Norton of Longview, Texas, a beloved His involvement in the community has been aquatic life of many streams and lakes, which and outstanding citizen who passed away last outstanding as well. Locally, Mike served on further impacts recreation and the ecological January at the young age of 54. Rusty was a E1614 CONGRESSIONAL RECORD — Extensions of Remarks September 19, 2002 close friend and someone that I think about HONORING SAN LUIS OBISPO PO- swimming pools, and other amenities are often. He was a successful realtor, a caring LICE CHIEF JAMES M. GARDINER maintained for the enjoyment of residents. community leader, a beloved husband, father This planned neighborhood took into consid- and grandfather, and a friend of so many. HON. LOIS CAPPS eration the community needs of its residents during its development. An efficient and effec- Rusty was born on November 9, 1947 in OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES tive committee system ensures residents’ Terrell, Texas and had been an active mem- voices are still heard today. Burke Centre has ber of the Longview community for almost thir- Thursday, September 19, 2002 established itself as a community committed to ty years. After graduation with a Bachelor of Mrs. CAPPS. Mr. Speaker, I rise today to conservancy with its abundance of nature Business degree from East Texas State Uni- ask my colleagues to join me in honoring parks and outdoor activities. The Election versity, Rusty began working in real estate. He James M. Gardiner, the San Luis Obispo Po- Board is responsible for maintaining this mis- never ceased learning about the industry—evi- lice Chief, upon his retirement. This Decem- sion and overseeing the annual Conservancy denced by the fact that he recently was ber, Chief Gardiner will retire from his 32-year Board and Cluster Committee elections. named a Certified Commercial Investment career in law enforcement. In commemoration of its 25th anniversary, Member by the Commercial Investment Real Chief Gardiner began his career in law en- Burke Centre’s Fall Festival, planned and or- Estate Institute—the highest certification that a forcement, in 1970 when he joined the New- ganized dually by volunteers and staff, will be person in the commercial real estate industry port Beach Police Department as a patrol offi- the community’s chance to celebrate this land- may earn. cer. There he spent 4 years on various as- mark anniversary. Antique vendors, entertain- signments before serving as Sergeant for 5 ment, games and arts and crafts will pay trib- One of Rusty’s most cherished activities additional years. He was then promoted to ute to Burke Centre’s beginnings. was his association with Trinity Episcopal lieutenant where he served for 3 years before Mr. Speaker, in closing, with all that Burke Church, of which he had been a supportive becoming Captain in which position he re- Centre has created and offered its residents member for 20 years. He was recently asked mained for another 6 years. In August of since its development 25 years ago, we have to become an Assistant Verger, a position of 1987, Chief Gardiner joined the San Luis great reason to celebrate today. Accordingly, I great honor, in addition to serving in a number Obispo Police Department as Chief of Police. extend my warmest congratulations to a com- of other positions within the church, including Chief Gardiner has received numerous munity that has been dedicated to providing serving as a member of the Vestry Board and awards from the Central Coast community, in- the best possible residential and community Endowment Board and Mission Funding Coor- cluding being named a Special Friend of the environment to its citizens. dinator For the Diocese of Texas-Northeast San Luis Obispo County Special Olympics on Convocation. multiple occasions. The United Way named f Chief Gardiner Humanitarian of the Year in Outside of his Congregation, Rusty had a PAYING TRIBUTE TO EILEEN 1993 and he was the recipient of the Commu- JENSEN-KERCHEVAL number of other community activities that nity Service Award from the California Parks made him a cherished community leader. He and Recreation Society in 1995. In 2000, had been a City Councilman and charter Chief Gardiner received the National SOI HON. SCOTT McINNIS member of Longview 2020. He served on the Award of Special Olympics Hero. Chief Gar- OF COLORADO local boards of the American Cancer Society, diner was also inducted into the Law Enforce- IN THE HOUSE OF REPRESENTATIVES the Boys and Girls Club of Gregg County, the ment Torch Run Hall of Fame in 2001. Chief Thursday, September 19, 2002 Salvation Army and was an active member of Gardiner and his wife, Elaine were recognized the Downtown Rotary Club. In his spare time together as Citizens of the Year in 2001 by Mr. MCINNIS. Mr. Speaker, I rise today to he also served as an assistant chaplain at the the San Luis Obispo Chamber of Commerce. pay tribute to an outstanding woman who has achieved great accomplishments throughout Good Shepherd Medical Center. Rusty’s ex- San Luis Obispo has been more than ably her life. Eileen Jensen-Kercheval has worked traordinary community dedication and service served by this fine man for 15 years. I am proud to congratulate Chief Gardiner on his diligently throughout her community to provide will be missed by the City of Longview and by assistance and awareness to a variety of sen- all those with whom he worked so selflessly. remarkable record of achievement during his career as a law enforcement officer. ior citizens issues. Eileen is an active member Rusty is survived by a loving family—his of numerous organizations, and traveled to f wife, Andee; his daughter, Meredith, and her Washington D.C. this month from Grand Junc- husband, John Lucas of Graham, Texas; his HONORING THE 25TH ANNIVER- tion, Colorado to promote awareness for sen- step-daughter, Cissy Wrather of Longview; his SARY CELEBRATION OF BURKE ior citizens. It is a pleasure to applaud Eileen step-son, David Wrather and wife, Janet of CENTRE and her exceptional work in her community Houston; five grandchildren, Jack and Robert and its surrounding areas. Lucas, Hunter, Jack, and Abigail Wrather; HON. TOM DAVIS Eileen regularly appears on weekly tele- brothers, Joe Norton of Tyler, Texas, Tom OF VIRGINIA vision segments in Grand Junction, Colorado. Her segments are educational and informative Norton of Terrell and sister, Claire Schilhab of IN THE HOUSE OF REPRESENTATIVES to the citizens of Grand Junction, and she pro- Tyler; as well as several nieces and nephews. Thursday, September 19, 2002 vides important information on many senior I have always felt close to and have admit- Mr. TOM DAVIS of Virginia. Mr. Speaker, I citizen engagements. Eileen’s television career ted this family, and, in fact, I have felt that I would like to take this opportunity to honor the started in 1962 in Springfield, Illinois, where was part of this great family. Rusty’s father, 25th Anniversary of Burke Centre, Virginia on she entertained viewers with innovative and the late Tom Norton, took me to my first State Saturday, September 14th, 2002. constructive ways in which to spend their lei- Democratic Convention. Since that time I felt Burke Centre is located in the core of the sure time. She was an outstanding role model close to Tom until his death, and I join all of 11th congressional district of Virginia. This for the Springfield community and retired to this great family in mourning Rusty’s death, planned, residential community began its de- Grand Junction after nineteen years of accom- while rejoycing with the memories and the velopment in 1976 and has grown into a thriv- plished airtime. love that Rusty left to all of us. ing community with over 5,800 residences in In recognition of her efforts, Eileen recently its five neighborhoods: the Commons, the accepted the ‘‘Experience Works Prime Time Mr. Speaker, Rusty was a dear and special Landings, the Oaks, the Ponds, and the Award for Colorado.’’ She accepted the award friend of mine who could always be depended Woods. These neighborhoods are impressive before friends and family, and modestly re- upon for advice and assistance, and he leaves examples of a successful organized commu- counted her successful career with her char- behind him this wonderful family and many nity, with each of the five represented by one ismatic, intuitive personality. friends in Longview whose lives were enriched trustee, and featuring a pool and community Mr. Speaker, it is with great pleasure I bring by him. As we adjourn today, let us do so in center. forth the accomplishments of Eileen Jensen- honor of this beloved community leader and The gem of Burke Centre is the Conser- Kercheval and recognize her before this body outstanding citizen who touched so many lives vancy, consisting of 1,700 acres, including 350 of Congress and our nation. Thank you Eileen and made Longview a better place in which to acres of pristine open space area ideal for a for being an inspiration in your community; I live. We will remember Rusty and the legacy wide range of active and passive recreational have full confidence you will excel in any ven- he leaves us. activities. Ponds, tennis courts, playing fields, tures you choose to pursue. CONGRESSIONAL RECORD — Extensions of Remarks E1615 RECOGNITION OF THE NATURAL the West the most rapidly growing region of are also participating in this benefit and hope RESOURCES LAW CENTER’S 20TH the country. With roughly 1 million new west- to reach a cumulative goal of $1 million. Pas- ANNIVERSARY erners expected every year over the next two tor Cobett’s goal for Georgia is to raise decades, the stress on limited water resources $100,000 that will be distributed among four HON. MARK UDALL is just one of several concerns. Other emerg- separate charities including Convoy of Hope, OF COLORADO ing issues derive from the region’s renewed Latin America Child Care, Africa’s Children, IN THE HOUSE OF REPRESENTATIVES emphasis on energy production, the explosive and Asia’s Little Ones. growth in outdoor recreation pressures, the As the son of a minister, I have a special af- Thursday, September 19, 2002 twin concerns of ongoing drought and long- finity for Pastor Cobett and his ministry. It’s a Mr. UDALL of Colorado. Mr. Speaker, I rise term climate change, and wildfires. As is its high calling, and I commend him for dedicating today to acknowledge and pay tribute to the tradition, the Center is already active on each his life to teaching children the principles of Natural Resources Law Center, a legal and of these issues, having produced reports, charity, generosity, and goodwill in this cre- policy research organization housed at the hosted conferences, and most importantly, ative manner. Unviersity of Colorado’s School of Law. The having already informed and influenced deci- f Center is celebrating its 20th anniversary of sion makers struggling to keep up with the HONORING THE DEDICATED LIFE providing path-breaking, scholarly and prac- pace of change. AND WORK OF DR. DAVID KRUGER tical input and analysis on the use, develop- The strength of the organization continues ment and protection of our natural resources to be its staff, advisory board, and its impres- and environment. sive international network of collaborators, HON. TOM DAVIS OF VIRGINIA The Center is widely recognized as one of funders, and friends. The Center has been IN THE HOUSE OF REPRESENTATIVES the region’s preeminent sources of research particularly blessed by a string of talented di- and educational programs on water and public rectors—Larry MacDonnell, Betsy Rieke, Gary Thursday, September 19, 2002 lands issues, assisting managers, policy mak- Bryner, and currently, Jim Martin—and by the Mr. TOM DAVIS of Virginia. Mr. Speaker, I ers and other westerners committed to sus- longstanding participation of prominent Univer- rise today to honor Dr. David Kruger, an out- tainable and balanced natural resource laws sity of Colorado scholars including David standing citizen of Alexandria, Virginia, who, and practices. This mission has been the cen- Getches, Charles Wilkinson, and Jim for over half a century, has served his commu- tral thread in two decades of activity equally Corbridge. Equally essential has been the re- nity and humanity. notable for its attention to emerging issues as search and writings of the professional staff, His downtown Alexandria optometry office is its diligence in addressing long-standing areas particularly Michael Gheleta, Doug Kenney, a local landmark patronized by a wide clien- of conflict and concern. The Center remains Ann Morgan, Kathryn Mutz, Teresa Rice, and tele. In fact, Dr. Kruger was among the first committed to informing and influencing natural Sarah (Bates) Van de Wetering, and the con- healthcare professionals to open his office to resource decisions, recognizing that the qual- tributions of visiting fellows. clients of every economic or social status and ity of life so cherished by westerners is inex- Supported by a small but talented cast of ethnicity. He is universally recognized as a tricably tied to our treatment of natural re- administrative support personnel and by an leader for nearly every community cause and sources. ever-changing assemblage of law students, is honored by a caricature in an Alexandria Center projects take a variety of forms. Per- the Center has been able to leverage its mod- restaurant as a leading citizen. haps best known are the Center’s events, par- est staff and budget into a powerful voice Active in a variety of civic causes in Alexan- ticularly the western water conferences held showing the way to environmental, economic dria, he is especially noted for his support of each June. These conferences consistently and social sustainability through the improved and leadership roles in such community focus the nation’s best minds on a variety of management of natural resources. This is an groups as the Red Cross, Boy Scouts, United pressing and timely concerns, including en- important and honorable service worthy of our Givers Fund, Kiwanis (as President in 1960), dangered species management, groundwater recognition and gratitude. and the Salvation Army. Similarly, he has depletion and pollution, operation of dams, I ask my colleagues to join me in congratu- served many other community groups with dis- water reallocation, transboundary disputes, lating the Natural Resources Law Center for tinction. Among them are the Alexandria and water conservation. Water resources have its twenty years of accomplishments and con- Board of Health as Secretary, the Alexandria also been a prominent focus of Center publi- tributions to issues throughout the West, and Hospital, the Community Welfare Council, Tu- cations, including pioneering work on instream to welcoming its continued contributions for berculosis Association, Boys Club, and Family flows, water markets, legal and administrative many years to come. Services. reform, and watershed partnerships. f As a man who embraces all religious tradi- Over time, a public lands program address- tions, he was one of the founders of a group ing issues as diverse as forest planning, wil- IN RECOGNITION OF REVEREND called Men of all Faiths, which for many years derness preservation, and federal/state con- FRED COBETT has held well-attended lunchtime meetings flicts has balanced this traditional focus on where civic leaders shared fellowship and water issues. The result is an organization inti- HON. SAXBY CHAMBLISS heard presentations by pastors, rabbis, and mately familiar with the many interconnections OF GEORGIA other religious leaders in Alexandria. In his and dependencies found in natural resource IN THE HOUSE OF REPRESENTATIVES own religious tradition, Dr. Kruger served as systems and possessing expertise not limited Vice President of Temple Beth El in Alexan- to the physical environment, but equally rel- Thursday, September 19, 2002 dria for nine years and was active in the Con- evant to the institutional landscape of laws, Mr. CHAMBLISS. Mr. Speaker, today I rise ference of Christians and Jews. policies, administrative arrangements, and to recognize Reverend Fred Cobett, Children’s Caring for children and students is a hall- management practices. Minister to Calvary Assembly of God in mark of Dr. Kruger’s life. Working through the By focusing on institutional arrangements, Dunwoody, Georgia, for taking on an unusual RiteCare Program of the Scottish Rite of Free- rather than merely laws and legal precedents, role to teach children how to help other chil- masonry, S.J., U.S.A., Dr. Kruger has led the Center projects define natural resource prob- dren, while raising money for mission work. development of a network of six clinics in Vir- lems and solutions broadly, revealing opportu- At the request of the children he works with, ginia. These facilities evaluated or treated nities for innovation that would otherwise be Pastor Cobett agreed to spend seven entire 1,246 children in the last period, 1999–2000, buried by narrow thinking and the perception days on the ledge of a billboard forty feet of official record. Without his leadership of this of hopeless gridlock. Center projects consist- above interstate 285 in Atlanta for a fundraiser program, these children would almost certainly ently show the natural resource problems of called Up in the Air for Kids. This event is part have gone untreated. Most recently, Dr. the West to be formidable, but nonetheless of the Boys and Girls Missionary Crusade, a Kruger spearheaded the PACES Mobil clinic, solvable. It is the immense value of this con- non-profit organization founded by the Assem- a satellite service of the Scottish Rite clinic at tribution, more so than the mere passage of blies of God Church that exists to reach the Radford University. He has also been instru- twenty years, that they and I are celebrating children of the world by creating a heart of mental in establishing scholarships to train today. compassion in the children they lead. The Up Speech Language Pathologists and related Looking forward, the natural resources of in the Air for Kids project is geared specifically clinical professionals at James Madison Uni- the West face several new challenges. Most toward raising community awareness of the versity in Harrisonburg and Old Dominion Uni- central is the continued population growth that, needs of children around the world who are versity in Norfolk. A large majority of the grad- over the life of the Center, has already made living in poverty. Nine other states nationwide uates of these programs remain in Virginia E1616 CONGRESSIONAL RECORD — Extensions of Remarks September 19, 2002 and provide clinical services to children Flt. Lt. Jack Hayden, Flg. Off. Chris Hudnott, PAYING TRIBUTE TO: DEPUTY JOE throughout the state. Flg. Off. Dick Kelloway, Flt. Lt. Chris Langton, SCOTT AND DEPUTY DAVID HAR- Community service is also a strong aspect Wg. Cdr. Peter Larard, Flg. Off. Chris Mirow, RISON of David Kruger’s membership in the Grand Flt. Lt. Ken Mitchell, Flg. Off. Bruce Mouatt, Lodge of Virginia, A.F. & A.M., where he has Sqn. Ldr. Graham Neil, Sqn. Ldr. Dave HON. SCOTT McINNIS been a member of Norfolk Lodge No. 1 for Owens, Wg. Cdr. Tony Powell, Sqn. Ldr. Rex OF COLORADO over 50 years and of the Scottish Rite of Free- Ramsay, Flt. Lt. Doug Riding, Flg. Off. Dave IN THE HOUSE OF REPRESENTATIVES masonry, Valley of Alexandria, since 1946. In Robson, Flg. Off. Barry Schultz, Flt, Lt. Bruce Thursday, September 19, 2002 1991, the Grand Lodge of Virginia awarded Searle, Flt. Lt. Ken Semmier, Flt. Lt. Arthur Dr. Kruger one of its highest honors, the John Sibthorpe, Flt. Lt. Ron Slater, Flt. Lt. Peter Mr. McINNIS. Mr. Speaker, it is my privilege Blair Medal for Distinguished Service. The Smith, Wg. Cdr. Barry Thomas, Flt. Lt. Gavin to take this opportunity to honor Deputies Joe Scottish Rite of Freemasonry, S.J., USA also Thoms, Sqn. Ldr. Nobby Williams, Flt. Lt. Scott and David Harrison of Montrose County honored David Kruger for his many services to Roger Wilson, Flt. Lt. Bruce Wood. Sheriff’s Office for a selfless act of courage community, state, and nation. He was invested they displayed on June 13, 2002. Deputy a Knight Commander Court of Honour in 1953 New Zealand Royal Air Force:, Flt. Lt. Mur- Scott and Deputy Harrison have just recently and Inspector General Honorary 1963. After ray Abel, Flg. Off. Mike Callanan, Flt. Lt. J.M. received the prestigious ‘‘Life Saving’’ medal serving as President of the Scottish Rite Con- Denton, Flg. Off. B.W. Donnelly, Flt. Lt. Ross on August 9, 2002 in recognition of their brav- ference of Virginia in 1975, Dr. Kruger became Ewing, Flt. Lt. Graeme Goldsmith, Wg. Cdr. ery and conduct in a time of crisis. the Sovereign Grand Inspector General of R.F. Lawry, Flt. Lt. Bryan Lockie, Fg. Off. On June 13, 2002, Deputy Scott and Deputy Scottish Rite Freemasonry in Virginia in 1985 Darryl McEvedy, Flt. Lt. Dick Metcalfe, Sqn. Harrison saved the life of a suicidal woman (13,343 members in 2002). In 1989, he be- Ldr. John Scrimshaw, Flt. Lt. G.R. Thompson, who was attempting to drown herself in the came Grand Secretary General of the Su- Wg. Cdr. Wallingford, Flt. Lt. Peter Waller. rapids of Spring Creek near a culvert that runs preme Council, 33[deg], S.J., USA (369,474 I would also like to recognize Lt. Col. Eu- under Spring Creek Boulevard in Montrose, members in 2002 in 35 states, the District of Colorado. Without any regard for their own gene Rossel and, Flt. Lt. Garry Copper for ac- Columbia, and Puerto Rico). In this influential personal safety, Deputy Scott and Deputy Har- tively pursuing decorations for these men who role, he has been central in guiding the devel- rison jumped into the water and pulled the served our country in a time of need. opment of 161 clinics, centers, and programs woman to safety. The two officers maintained throughout the United States. During each their composure during a time of adversity and year of the two-year period ending December f conducted themselves in a fashion that has 31, 2000, a total of 57,413 children with lan- HONORING THE ULTIMATE SAC- brought honor to themselves, to their profes- guage and learning differences received eval- sion, and to the entire community of Montrose uation or therapy. Left untreated, these chil- RIFICE OF JASON JACKSON- HAMPTON County. dren would have been permanently handi- Only last week, citizens throughout the capped. Dr. Kruger’s service has even gone country will recognize the horrible tragedy that beyond the United States to Canada where he occurred just one year ago on September 11, is an Honorary Member of the Supreme Coun- HON. BART GORDON 2001. We recognized the men and women cil of Canada and the Supreme Council of the OF TENNESSEE who died in the attacks, and those who gave International Order of DeMolay, a Masonic IN THE HOUSE OF REPRESENTATIVES their lives to save others. While the tragedy of group for young men. September 11 deserves our full attention and At age 80 as he concludes, due to statutory Thursday, September 19, 2002 reflection, I would also like to take the time to limitation, his service in the Scottish Rite of recognize all individuals throughout the coun- Freemasonry, other awards and honors still Mr. GORDON. Mr. Speaker, I rise today in try, who like Deputy Scott and Deputy Har- accumulate to recognize David Kruger’s con- remembrance of Jason Jackson-Hampton, a rison, have devoted their lives to protect and tinuing role in bettering the lives of many thou- remarkable young man who gave his life on serve their fellow citizens. sands of children and fellow citizens. David September 5, 2002, while serving with the Mr. Speaker, it is an honor to recognize Kruger will never retire from these roles. Given Almaville, Tennessee, Volunteer Fire Depart- Deputy Joe Scott and Deputy David Harrison his long record and deep sense of civic, reli- ment. He was just 17 years old. Jason of the Montrose County Sheriff’s Office before gious, and philanthropic involvement, every touched the hearts of his fellow firefighters this body of Congress and this nation as out- American, Mr. Chairman, will continue to be when he joined the department as an Ex- standing deputies with impeccable character. enriched by the life and service of this notable plorer. Chief Greg Capps recalled that his The citizen’s of Montrose County, CO and Virginian and American. young volunteer’s positive attitude and ready Americans throughout the nation should be f smile were an inspiration to all who knew him. honored to have officers like Deputy Joe Scott and Deputy David Harrison who faithfully TRIBUTE TO THE ROYAL AUS- Jason graduated from Smyrna High School TRALIAN AIR FORCE AND THE serve their communities and their country ev- last May. Through his dedication, hard work eryday. NEW ZEALAND ROYAL AIR and natural leadership abilities, he attained the FORCE rank of second lieutenant in the school’s f ROTC Program and planned to join the U.S. IN RECOGNITION OF LARRY J. HON. GARY G. MILLER Army. BURKS OF CALIFORNIA He loved McDonald’s double cheeseburgers IN THE HOUSE OF REPRESENTATIVES and fries, perks he enjoyed at the fast-food HON. RALPH M. HALL Thursday, September 19, 2002 restaurant where he worked. OF TEXAS Mr. GARY MILLER of California. Mr. Speak- Firefighters from every municipal and volun- IN THE HOUSE OF REPRESENTATIVES er, I rise today to pay tribute to a group of in- teer fire department in Rutherford County, Thursday, September 19, 2002 dividuals who did a great service to our nation. Nashville, Watertown, Fairview and Brentwood These men are fighter pilots from the Royal attended the memorial service. During the fu- Mr. HALL of Texas. Mr. Speaker, I rise Australian Air Force and the New Zealand neral procession, children and adults saluted today to recognize a good friend and an out- Royal Air Force who were assigned to United as his casket, carried atop a fire engine, standing citizen of Tyler, Texas—Larry J. States combat units and served as Forward passed by. Burks—who recently was honored by the Gar- Air Controllers during the Vietnam War. I den Club of America as the recipient of its would like to honor the following individuals: During his inaugural speech, President John prestigious award, the Jane Righter Rose Royal Australian Air Force: Wg. Cdr. Col F. Kennedy inspired Americans to, ‘‘Ask not Medal. A second generation rose grower/proc- Ackland, Flt. Lt. Ray Butler, Fg. Off. Peter what your country can do for you, ask what essor, Larry is known throughout the rose in- Condon, Flt. Lt. Garry Cooper, Flg. Off. Mac you can do for your country.’’ Jason Jackson dustry for his dedication to rose advocacy at Cottrell, Wg. Cdr. Vance Drummond, Flg. Off. Hampton’s life was a portrait of service and the local, state and national levels. This medal Huck Ennis, Flt. Lt. Brian Fooks, Flt. Lt. Tony dedication to his family, friends, co-workers is awarded for outstanding achievement in Ford, Flg. Off. Frank Fry, Flt. Lt. Dick Gregory, and Nation. rose culture through the propagation of new CONGRESSIONAL RECORD — Extensions of Remarks E1617 roses, development of community rose gar- commanders, he served this center in three In 1985, Chief Neumann served as the dens of educational value, exhibitions by ama- separate positions: as the director of mainte- City’s Operation Section Chief on the 50,000 teur gardeners, or unusual rose collections of nance, as the ALC vice commander, and as acre, Las Pilitas Fire that threatened the City special merit. ALC commander. of San Luis Obispo. For the 48 hours that it This medal could not have been awarded to The current ALC commander, Maj. Gen. took to contain this fire Chief Neumann super- a more deserving person in the rose industry. Donald Wetekam, said it exceptionally well: vised 20 Type-I and 2 Strike Teams. A series Larry is a Board Member and the only two- ‘‘General Dick Gillis was a courageous leader of storms combined with a loss of water-shed term president of All America Rose Selections, during a period of great change in our Air caused by the Highway 41 Fire in 1994, re- Inc., and a Board Member of the Fund for the Force. His foresight and wisdom made this a sulted in extensive flooding in the downtown United States Botanic Garden. His efforts in better place to live and work. We’ll all miss area of San Luis Obispo in February of 1995. the 1980s resulted in the rose’s designation as him.’’ Throughout the 48 hours when the floods ran the National Floral Emblem of the United During his command General Gillis made through the City, Bob served as Fire Incident States, and he was instrumental in the estab- Robins a less likely candidate for base closure Commander and helped to avert disaster. Sig- lishment of a National Rose Garden. by bringing in the Joint STARS mission; by nificant moments in Bob’s career, during which Groundbreaking for this two-acre garden adja- working hard to assure future workloads; by he displayed exemplary service were also cent to the United States Botanic Garden took preventing a reduction in force when other seen in the Highway 58 fire in August of 1996. place in 2001. His leadership also was evident ALCs were losing work force; by working on During this natural catastrophe Bob essentially in raising the funds to remodel and reopen the aerospace industry expansion and educational served as Deputy Branch Director of the orga- National Botanical Garden on the National enhancement in the Middle Georgia area. nized command structure. The City of San Luis Obispo has been most Mall. Gen. Gillis led the center very ably during the Larry serves as vice president of Certified critical times of Operations Desert Shield and fortunate to have been served by Chief Neu- mann for 27 years. I am proud to congratulate Roses, Inc., of Tyler. This employee-owned Desert Storm and during the Persian Gulf Bob on his remarkable record of achievement corporation is the second largest processor of War. during his 34–year career. roses in North America, annually providing up General Gillis was a command pilot with to five and one-half million rose bushes of all more than 5,000 hours. While assigned to Tan f varieties. His company is a constant force in Son Nhut Air Base, South Vietnam, General TRIBUTE TO THE HONORABLE producing new rose hybrids and new market Gillis flew 100 combat missions in RF–101A/ DAVE HAMIL development, and he assists both domestic C aircraft. Over his 38 year Air Force career, and international hybridizers in plant evalua- General Gillis’ military awards and decorations HON. BOB SCHAFFER tion and the naming and marketing of new included the Distinguished Service Medal, Le- OF COLORADO roses. In recognition of his achievements, he gion of Merit, Meritorious Service Medal with IN THE HOUSE OF REPRESENTATIVES oak leaf cluster, Air Medal with four oak leaf has received several All America Rose Selec- Thursday, September 19, 2002 tions awards. clusters, Air Force Commendation Medal with Larry has been an active member of the two oak leaf clusters, Air Force Outstanding Mr. SCHAFFER. Mr. Speaker, I rise today American Rose Society and Texas Nursery Unit Award with ‘‘V’’ device and oak leaf clus- to memorialize the Honorable Dave Hamil of and Landscape Association, and he is past ter, Air Force Organizational Excellence Award Sterling, Colorado, who passed away on July president of the Texas Rose Research Foun- with oak leaf cluster, Combat Readiness 27, 2002. Dave Hamil was an exceptional man dation. He is also active in the Texas Rose Medal, Good Conduct Medal, National De- who spent his life serving his community and Festival Association in Tyler, the Tyler Rose fense Service Medal, Vietnam Service Medal his nation. Museum, Order of the Rose and Texas Rose with five service stars, Air Force Longevity Dave Hamil’s story is a great American story. As a child, Dave attended a one-room Society. Service Award Ribbon with eight oak leaf clus- school on Colorado’s Eastern Plains. In 1925, With 2002 declared by Congress as the ters, Philippine Presidential Unit Citation, Re- he graduated from Logan County Industrial Year of the Rose, Larry will help carry forward public of Vietnam Gallantry Cross with Palm, Arts High School as the Student Body Presi- this theme, and I can think of no one more de- and Republic of Vietnam Campaign Medal. dent. voted to this cause nor more deserving of our Mr. Speaker, General Gillis was a great After graduating with honors from Hastings recognition and appreciation. Larry has helped commander of Robins, a great American, and College in 1930, Dave returned to Logan raise our national awareness of the rose as an he will be missed so very much. It is most ap- County, where he started a farming and important symbol to our country. His work has propriate that his burial will be at Arlington Na- ranching business. In 1933, he married Gene- benefitted our Nation’s Capital, the State of tional Cemetery on October 15. Our country vieve Robinson. Dave and Genevieve were Texas, and his hometown of Tyler. Mr. Speak- has lost a strong leader, and I am proud to married 64 years. The couple had three chil- er, I am so proud of the accomplishments of have known him and worked with him. dren, Jo Ann, Don and Jack. my dear friend, and I know that my colleagues f In 1938, the same year he was first elected join me today in congratulating him on this HONORING SAN LUIS OBISPO FIRE to the Colorado House of Representatives, Mr. award—and expressing our Nation’s gratitude Hamil helped organize the Sterling section of CHIEF ROBERT F. NEUMANN for the work Larry Burks has done to promote the Highline Electric Cooperative. This brought this beautiful National flower and to encourage electricity to the farms and ranches of Logan civic involvement in this worthy cause. HON. LOIS CAPPS County for the very first time. f OF CALIFORNIA During his tenure in the legislature, Mr. IN THE HOUSE OF REPRESENTATIVES Hamil served as Speaker of the Colorado MAJOR GENERAL RICHARD F. Thursday, September 19, 2002 House for five years, from 1951 to 1956. GILLIS Among his accomplishments were locating the Mrs. CAPPS. Mr. Speaker, I rise today to Air Force Academy near Colorado Springs HON. SAXBY CHAMBLISS ask my colleagues to join me in honoring my and extending Interstate 70 west through the OF GEORGIA constituent, Fire Chief Robert ‘‘Bob’’ F. Neu- Eisenhower Tunnel and into Utah. IN THE HOUSE OF REPRESENTATIVES mann for his significant contributions to our In 1956, President Dwight Eisenhower ap- Central Coast community. This past May, pointed Hamil as administrator of the Rural Thursday, September 19, 2002 Chief Neumann retired from the San Luis Electrification Administration (REA). He was Mr. CHAMBLISS. Mr. Speaker, I rise today Obispo City Fire Department. so talented in that capacity, when Richard to express my sadness, and that of the entire Chief Neumann entered the field of fire Nixon was elected president, he asked Dave Robins Air Force Base community in Middle fighting in 1968 as a firefighter, and served to return to the post. Mr. Hamil continued to Georgia, over the passing of my good friend, our community as a Fire Inspector, Fire Engi- serve as the REA administrator during the retired Major General Richard F. (Dick) Gillis. neer, Fire Dispatcher, Fire Captain, Fire Bat- Ford and Carter administrations. General Gillis commanded the Warner Rob- talion Chief and Fire Marshal and became Fire Between the Eisenhower and Nixon admin- ins Air Logistics Center at a critical time in our Chief in 1991. Chief Neumann obtained de- istrations, Dave was appointed by Colorado country’s history and that of Robins, and he grees in Fire Science and Soil Science at Governor John Love to serve as Director of In- carried out that mission as he did all his as- Cuesta Community College and California stitutions for the state. There he used his ex- signments: with outstanding patriotism, com- Polytechnic State University, both of which are ceptional management skills to create one of petence, and leadership. Uniquely among located in the 22nd congressional district. the best mental health systems in the nation. E1618 CONGRESSIONAL RECORD — Extensions of Remarks September 19, 2002 Although his successful career often took receiving the 2002 Spirit of Service Honor (PA) and Iowa Western Community College, him away from his Colorado home, when he Award. She is truly a worthy recipient. Dr. Feddersen became one of the youngest retired in 1979, Dave Hamil returned to Ster- f college presidents in the country when he as- ling. Over the years, he has served on the sumed the presidency of what is now the boards of a host of community organizations, PAYING TRIBUTE TO RUDOLPH Pennsylvania College of Technology. For the including the Atwood School District Board, CRESPIN past twenty-one years he has been a Cali- the Elks Lodge, the Masonic Lodge, the Ster- fornia community college president, first at ling United Way, and the Logan County HON. SCOTT McINNIS Napa Valley College and since 1991, at Mt. Chamber of Commerce. Dave also served as OF COLORADO San Antonio College. president of the Logan County Historical Soci- IN THE HOUSE OF REPRESENTATIVES Dr. Feddersen has served in a variety of state and leadership positions, including presi- ety, where he helped with the Johnson addi- Thursday, September 19, 2002 tion to the Overland Trail Museum. That same dent of the California Community CEO Organi- museum now includes a building named in Mr. MCINNIS. Mr. Speaker, I rise today to zation, and a member of the board of Direc- Dave Hamil’s honor. pay tribute to the life and memory of Rudolph tors of the Community College League of Cali- A citizen of Colorado’s Fourth Congres- Crespin of Mack, Colorado. Rudolph dedicated fornia and the Association of California Com- sional District, Dave Hamil was truly a great his life to working the land and fought to de- munity College Administrators. Nationally, he American. It is with sadness that I inform the fend the freedoms of this nation, and it is with is an officer of the Continuous Quality Im- House of the loss of such an exceptional honor I stand today to recognize Rudolph for provement Network and serves on North Cen- American. I ask the House to join me in ex- his great service to our nation and our com- tral Association’s Academic Quality Improve- tending our sincere sympathy to the family munities. ment Project Advisory Council. and friends of Mr. Dave Hamil. Rudolph was born in Las Vegas, New Mex- Thank you Dr. Feddersen for all of your f ico on December 16, 1919 to Rafael and Pau- hard work and dedication to advance edu- lina (Quesnil) Crespin. He grew up in the cation in our country. Your efforts will benefit HONORING JOYCE KELLER, EXECU- nearby Antlers Rifle area and married Frances the lives of others both now and for years to TIVE DIRECTOR OF THE JEWISH Romero. In World War II, Rudolph served in come. ASSOCIATION FOR RESIDENTIAL the US Army overseas. His service to this na- f CARE tion is commendable and its value immeas- CONGRATULATIONS TO LUCY urable. It is all too easy to take for granted the HALL HON. JOE KNOLLENBERG freedoms that he helped secure through his OF MICHIGAN service; but we cannot allow ourselves to for- HON. JOHNNY ISAKSON IN THE HOUSE OF REPRESENTATIVES get the important sacrifices of men and women like Rudolph Crespin. OF GEORGIA Thursday, September 19, 2002 After the war, Rudolph moved to the West- IN THE HOUSE OF REPRESENTATIVES Mr. KNOLLENBERG. Mr. Speaker, I rise ern Slope of Colorado where he could enjoy Thursday, September 19, 2002 today to salute Joyce Keller, Executive Direc- his lifelong interests in fishing and hunting. He Mr. ISAKSON. Mr. Speaker, today I rise to tor of the Jewish Association for Residential spent the next 40 years farming in the Rifle congratulate Lucy Hall, founder of the Mary Care located in Farmington Hills, Michigan in and Loma areas, where good sense and in- Hall Freedom House in Atlanta. Lucy was re- my Congressional District. She recently re- dustry are still the backbones of the economy. cently selected as one of ten people from ceived the 2002 Spirit of Service Honor Award He also became a member of other commu- across the country to receive the nation’s most from the Michigan Assisted Living Association nities and resided in the Grand Valley and prestigious award for community health lead- for her outstanding dedication and commit- Mack. His legacy includes his four sons; Sam, ership from The Robert Wood Johnson Foun- ment to community-based services. Rudy, Santos, and David Crespin; as well as dation. Her award includes a grant of When Joyce Keller became executive direc- nine grandchildren. $120,000 to continue her community efforts. tor of JARC at age 26, the organization had Mr. Speaker, I rise today to honor Rudolph Lucy founded the Mary Hall Freedom House one home, three employees, and served Crespin’s life and memory before this body of in memory of her mother, who she lost to al- seven individuals with developmental disabil- Congress and this nation. His courage to coholism at the age of six. Freedom House is ities. Their annual budget was $40,000. serve our country, even the world, in a terrible a residential recovery program to help ad- Today, JARC is an $8 million agency that global conflict showed his mettle, as did his dicted mothers break the pattern of substance serves over 150 adults in a variety of residen- commitment to the values and principles of abuse. The program provides women with in- tial settings, provides support services to over agriculture and the communities he served. As tensive chemical dependency treatment and 300 families with a disabled child or family his family and friends mourn his life, they can vocational training. member still living at home, and employs over take comfort that the impact of his contribu- She launched the Freedom House in 1996 200 staff members. In her 25th year as execu- tions to his nation will not be forgotten. Ru- while working as a housekeeper and volun- tive director, Ms. Keller continues to oversee dolph’s lifetime of contributions to the commu- teering as a counselor in Atlanta. Lucy used and ensure the highest quality of service, as nities of Colorado and this nation deserves our $5,000 in seed money from her employer to well as the raising of nearly $2 million annually praise and I am proud to honor him today. get the effort started. From this modest begin- in private contributions and a $13 million en- f ning, the program has grown to serve 250 dowment fund. women a year, many of whom are referred Ms. Keller has assumed extensive and sub- TRIBUTE TO DR. BILL FEDDERSEN from the court system and homeless shelters. stantial leadership roles, serving on the Presi- The program, which started out as six beds dent’s Committee on Mental Retardation and HON. GARY G. MILLER in a three-bedroom apartment, now has 70 the Governor’s Community Health Advisory OF CALIFORNIA beds in 26 apartments—and Freedom House Council in Michigan. In addition to her recent IN THE HOUSE OF REPRESENTATIVES now has a staff of over 30 people. award from the Michigan Assisted Living As- Lucy realized early on that many addicted Thursday, September 19, 2002 sociation, Ms. Keller has been honored with women with small children had no access to several distinguished awards over the course Mr. GARY MILLER of California. Mr. Speak- residential treatment because most recovery of her career, including being named er, I rise to commend Dr. Bill Feddersen, programs did not admit children. So, she Michiganian of the Year by the Detroit News. President of Mt. San Antonio College in Wal- made Freedom House the only residential re- Mr. Speaker, with Joyce’s tenacity, dyna- nut, California. covery program in Atlanta for women with chil- mism and creativity, JARC has become one of Dr. Feddersen began his teaching career in dren. Now, the children take part in prevention the largest and well-respected organizations Florida after receiving his bachelor’s degree lessons to teach them how to avoid becoming for residential care in the country. She is pas- from the University of Illinois. He went on to substance abusers themselves. She also re- sionate about honoring the dignity of the peo- complete his master’s and doctoral degrees in cently opened the Heavenly Angels’ Day Care ple JARC serves and enabling them to live higher education at Columbia University where Center to provide care for children while their rich and purposeful lives. Joyce Keller is a re- he was a Kellogg Community College Leader- mothers attend treatment and training pro- lentless advocate for the right of every indi- ship Fellow. grams. vidual to be valued and respected in our soci- At age 32, after serving in administrative po- Mr. Speaker, by creating the Mary Hall ety and I congratulate her on the occasion of sitions at Bucks County Community College Freedom House, Lucy Hall has demonstrated CONGRESSIONAL RECORD — Extensions of Remarks E1619 tremendous leadership and determination to trying nearly everything short of outright ban- These shareholders and employees have help the less fortunate in her Atlanta commu- ning all relief to keep the people of the south lost everything. The plans made for retire- nity. I am honored to share a little about her starving. ment? Vanished. Their hopes and dreams for work with my colleagues today and urge them This is nothing less than genocide. The gov- the future? Gone. Money set aside to pay for to join me in congratulating her for winning ernment is trying to kill or drive out hundreds sending their children to college? Dis- this distinguished award. of thousands of people because they are not appeared. All because of the improper and As her nominator said, ‘‘Lucy took on this Arabic Muslims. The government wants to im- fraudulent actions of a handful of corporate challenge with nothing but an idea and a burn- pose its version of Islamic law over these peo- executives who took advantage of the system. ing desire to help others. Unlike others, she ple, who refuse to follow, and it wants free ac- In April, the Republican leadership of the found a way to turn this idea into reality.’’ cess to the oil fields that lie under these peo- House brought to the floor legislation to pro- f ple’s homes. So, it tries to starve them. tect the pensions of employees from corporate We in America cannot tolerate this any wrongdoing. This legislation, the Pension Se- PERSONAL EXPLANATION longer. We have stood by too long while the curity Act, HR 3762, provides new protections people of southern Sudan suffer at the hands and options to help workers enhance and pre- HON. BRIAN BAIRD of the government. We must act. We must lis- serve their savings while restoring employee OF WASHINGTON ten to the call of the college students at the confidence in our country’s pension system. IN THE HOUSE OF REPRESENTATIVES Lincoln Memorial Saturday night and the Holo- That crucial legislation passed this body caust Museum Sunday morning. We must with a bipartisan vote of 255–163. Since that Thursday, September 19, 2002 stand firm with Sudan. time, however, the Senate has not taken ac- Mr. BAIRD. Mr. Speaker, on September 17, f tion on this bill. Pension security is a must 2002, I was in my Congressional District in past issue for this Congress. Employee con- HONORING THE 50th ANNIVERSARY Washington and consequently I missed three fidence in their pensions is deteriorating. Will OF THE GREATER FIRST BAP- votes. For the record, had I been present, I we allow yet another corporate scandal to hurt TIST CHURCH would have voted ‘‘yea’’ on rollcall vote 388, even more families throughout this country be- ‘‘yea’’ on rollcall vote 389 and ‘‘yea’’ on rollcall fore getting a bill to the President’s desk? vote 390. HON. BART GORDON The Pension Security Act will reform out- f OF TENNESSEE dated federal pension laws. The bill will pre- IN THE HOUSE OF REPRESENTATIVES vent company insiders from selling their own THE PERSECUTION OF CHRISTIANS Thursday, September 19, 2002 stock during blackouts while employees are IN SUDAN Mr. GORDON. Mr. Speaker, I rise today to left to fend for themselves. It will require em- recognize the 50th year of ministry of the ployers to offer workers high quality invest- HON. CLIFF STEARNS Stones River Baptist Church of Smyrna, Ten- ment advice so they can make well-informed OF FLORIDA nessee. The congregation will celebrate the decisions on how to invest their hard-earned IN THE HOUSE OF REPRESENTATIVES milestone on October 7, 2002. money. It gives workers freedom to diversify Thursday, September 19, 2002 The need for a new Baptist Church to serve their portfolios and seek alternative investment options. Mr. STEARNS. Mr. Speaker, Saturday night, the military families stationed at the former Seward Air Force Base in Smyrna, Ten- The President is ready to sign this bill. The college students from around the country will House has not turned its back on American be spending all night at the Lincoln Memorial. nessee, was discussed in May 1952. The first worship service conducted by the Stones workers. The House has taken action! We They will be praying for the people of Sudan, passed the Pension Security Act five months and reminding us all of the human tragedy River Baptist Church was held on July 30, 1952. And the first worship conducted in the ago! But, the Senate has not acted on pension that is occurring there, and that we must do reform legislation, and American workers are something about it. They will march to the church’s permanent building was held on Oc- tober 26, 1952. worried about their retirement. United States Holocaust Memorial Museum in Mr. Speaker, a few bad apples in the cor- the morning, reminding us that we must never The church has served its community and congregation well for half a century, a period porate hierarchy have drained the retirement again let happen the kind of evil, the genocide savings of tens of thousands of workers, and perpetrated by the Nazis. And so, we must do during which our nation experienced much change and innovation. Through those many it’s time to act! Today, I am introducing a reso- something about Sudan. lution demanding action on the Pension Secu- The Sudanese government, the National Is- years, though, Stones River Baptist Church never faltered in its commitment to bring the rity Act. I urge my colleagues to support this lamic Front, is killing its own people in many resolution. It’s time to stop playing politics with horrible ways in its attempt to assert total con- Lord’s word to the people. Smyrna is a much stronger community be- the savings of hard working Americans. trol over their lives, to impose its version of Is- cause of the work of the church and its con- f lamic law on the Christians and animists of gregation. I congratulate the congregation’s southern Sudan. Government forces drop STATEMENT ON ANNIVERSARY OF perseverance and am sure the church will homemade bombs on villages and crops; they TERRORIST ATTACKS ON AMERICA grow even stronger during its next 50 years of attack people in line for food aid with heli- service. copter gunships; and they bum villages and f HON. MAC COLLINS crops to the ground. A particularly horrible OF GEORGIA weapon the government uses is hunger—it in- RESOLUTION CALLING FOR SEN- IN THE HOUSE OF REPRESENTATIVES tentionally denies food to hundreds of thou- ATE PASSAGE OF THE PENSION sands of people, to force them to starve or be- SECURITY ACT (HR 3762) Thursday, September 19, 2002 come refugees. Mr. COLLINS. Mr. Speaker, one year ago, According to the United Nations World Food HON. CHARLES W. ‘‘CHIP’’ PICKERING cowardly terrorists carried out a brutal and Program, the Sudanese government inten- OF MISSISSIPPI horrific attack on America. We watched our tionally put as many as 1.7 million people at IN THE HOUSE OF REPRESENTATIVES televisions that Tuesday morning in shocked risk this spring by denying them food and disbelief to see our landmarks burning, know- medical relief. The government agreed in Thursday, September 19, 2002 ing that it meant thousands of our countrymen 1989, along with the Sudan People’s Libera- Mr. PICKERING. Mr. Speaker, since De- and women had perished in the flames and tion Army (the rebel group) and the United Na- cember, several of our country’s most noted smoke. tions to allow relief through Operation Lifeline corporations, many widely regarded as the For many, that day was a nightmare unlike Sudan. Shortly after this agreement, however, most innovative, fastest growing, strongest, any other. As we commemorate the one-year there was a coup and the current strongmen and best managed companies, have collapsed anniversary of those attacks, I am pleased to came to power. They immediately began to due to gross irresponsibility and financial mis- say that a dark nightmare has given way to manipulate the relief system to prevent relief management. Accordingly, shareholders in the dawning of a new day in America. from coming in. Operation Lifeline Sudan these companies as well as tens of thousands We have taken the battle to our enemies, flights are not always allowed in, and the gov- of employees who held their retirement ac- ferreting them out of caves and crevices. We ernment refuses to protect non-Operation Life- counts in these companies have lost literally have broken the backs of an organized, well- line Sudan flights. In short, the government is billions of dollars. funded, committed terrorist network, and our E1620 CONGRESSIONAL RECORD — Extensions of Remarks September 19, 2002 brave troops continue that effort. We have re- for killing Sikhs. According to the ‘‘Hitavvada’’ coming Executive Director of United Neighbor- newed pride in what it means to be an Amer- newspaper, India paid the late governor of hood Houses of New York, the federation of ican. Punjab, Surendra Nath, $1.5 billion to foment the City’s 37 settlement houses and neighbor- As we pause to remember the loss of our terrorism in Punjab and Kashmir. hood centers. loved ones, friends, neighbors, and family Unfortunately, this violence is all too remi- Founded over 100 years ago, Lenox Hill members, let us resolve to never let their niscent of previous incidents that took place Neighborhood House is dedicated to helping memory fade from our consciousness. On an- before the BJP took power. In 1997, police those in need who live, work , or go to school niversaries such as this, it can be very difficult gunfire broke up a Christian religious festival. on Manhattan’s East Side, primarily the Upper for the family of those who perished to see the And the violence in Gujarat was strangely East Side, and to improving the quality of life hope we share. Our hearts and prayers are reminiscent of the 1984 massacre of Sikhs in for all individuals and families in the commu- united with them. We profoundly share in their Delhi which cost 20,000 Sikhs their lives. It nity. Each year, Lenox Hill serves over 20,000 grief. seems that in India, no matter who is in people of different generations, cultures, But, God is good to America. We will heal power, it is not safe to be a minority. means, and ethnic groups—children, teens, and rebuild. And, because to do otherwise Mr. Speaker, we must act. America can’t single parents, home-bound older adults and would be to grant the terrorists the victory they just sit and watch this terrorism and repression homeless people, among others. seek, we will continue to live our lives as the unfold. India has already been put on the During her tenure at Lenox Hill, the House guardians of liberty and freedom in the world. watch list of countries that violate religious has expanded its innovative programs for sen- May God lay his guiding hand upon the lead- freedom. We must cut off aid and trade with iors, young people, recreation and fitness and ership of this nation and its people. India until human rights are enjoyed by all, community education. Lenox Hill operates two senior centers, a community outreach program f and we must support self-determination for all peoples and nations in South Asia. Then per- and other programs that serve more than ‘‘WE HAVE NO ORDERS TO SAVE haps there will no longer be need for reports 2,800 senior citizens each year and their care- YOU’’ like the one recently issued by Human Rights givers. Ms. Wackstein presided over the cre- Watch. Instead, everyone in the subcontinent ation of the newest senior center, Lenox Hill HON. EDOLPHUS TOWNS will be able to have real democracy, freedom, Senior Center at St. Peter’s Church, the first new senior center on the East Side of Manhat- OF NEW YORK stability, prosperity, and peace. tan in decades. IN THE HOUSE OF REPRESENTATIVES f The Early Childhood Center at Lenox Hill Thursday, September 19, 2002 TRIBUTE TO MR. LAYTON MUNSON Neighborhood House was granted accredita- Mr. TOWNS. Mr. Speaker, the organization tion by the National Association for the Edu- Human Rights Watch has issued a report on HON. BOB SCHAFFER cation of Young Children on December 6, the violence earlier this year in Gujarat, India, 2001. This prestigious recognition, only OF COLORADO entitled ‘‘We Have No Orders To Save You.’’ achieved by approximately 7 percent of early IN THE HOUSE OF REPRESENTATIVES About 5,000 Muslims were killed in these riots, childhood programs nationwide, certifies that according to the newspaper ‘‘The Hindu.’’ Thursday, September 19, 2002 Lenox Hill’s early childhood program meets News reports quoted a police official as saying Mr. SCHAFFER. Mr. Speaker, I rise today national standards of excellence in childcare. that he was ordered not to intervene to stop to recognize Mr. Layton Munson of Sedgwick, With after school programs, a teen center and a summer camp, Lenox Hill also provides a the violence and save lives. Another published Colorado. Recently, the United States Depart- wide array of programs for older children. report said that the government of India pre- ment of Commerce presented Mr. Munson Lenox Hill provides invaluable assistance to planned these riots. The report from Human with the Ben Franklin Award for 55 years as Rights Watch confirms this. residents of the East Side through its Neigh- a volunteer for the National Weather Service. borhood Information and Action Center. More The riot was allegedly a response to the at- Since 1947, Layton has collected a daily tack on a trainload of Hindus in Godhra. How- than 900 East Siders each year find help with weather and climate reading, an invaluable landlord disputes, government entitlements ever, in the report, Human Rights Watch service to his fellow farmers and ranchers on writes, ‘‘Human Rights Watch’s findings, and and other concerns. Lenox Hill also provides Colorado’s Eastern Plains. educational programs for people needing train- those of numerous Indian human rights and Layton Munson and volunteers like him are ing in computer skills, vocational rehabilitation civil liberties organizations, and most of the In- the backbone of our nation. Each day, Mr. and English as a second language. dian press indicate that the attacks on Mus- Munson selflessly serves his community, and The comprehensive range of services avail- lims throughout the state were planned, well in at 85 years of age, he looks forward to the op- able at Lenox Hill is due to Ms. Wackstein’s advance of the Godhra incident, and orga- portunity to continue his volunteer work in the determined leadership and unwavering com- nized with extensive police participation and in years to come. mitment to service. She truly understands the close cooperation with officials of the A citizen of Colorado’s Fourth Congres- needs of this community and has worked tire- Bharatiya Janata party (Indian Peoples Party, sional District, Layton Munson is truly a great lessly to ensure that East Siders have a warm BJP) state government.’’ The BJP, which is American. I ask the House to join me in ex- and friendly place to come to in times of trou- the political arm of the pro-Fascist Rashtriya tending our sincere thanks and warmest con- ble. Under her leadership, Lenox Hill Neigh- Swayamsewak Sangh (RSS), also controls the gratulations to Mr. Layton Munson. borhood House has continued to exemplify the central government in Delhi. f best that the East Side has to offer. ‘‘The attacks on Muslims are part of a con- Before joining Lenox Hill Neighborhood HONORING THE ACHIEVEMENTS OF certed campaign of Hindu nationalist organiza- House, Ms. Wackstein served as the Director tions to promote and exploit communal ten- NANCY WACKSTEIN, EXECUTIVE of the Moay’s Office on Homelessness and sions to further the BJP’s rule,’’ Human Rights DIRECTOR OF LENOX HILL SRO Housing from 1990–1991 under Mayor Watch wrote, calling it ‘‘a movement that is NEIGHBORHOOD HOUSE David Dinkins. She was Senior Policy Advisor supported at the local level by militant groups for Human Services in Manhattan Borough that operate with impunity and under the pa- HON. CAROLYN B. MALONEY President David Dinkins’ office from 1986– tronage of the state.’’ OF NEW YORK 1989, where she was also Staff Director for This report makes it clear that the Indian IN THE HOUSE OF REPRESENTATIVES the Task Force on Housing. Ms. Wackstein government supports terrorist groups that are Thursday, September 19, 2002 serves on the Boards of Directors of several murdering minorities all over India. India non-profit organizations, including the Human Today, India’s largest newsmagazine, reported Mrs. MALONEY of New York. Mr. Speaker, Services Council of New York, SAGE and the that the Indian government created the Libera- I rise to pay tribute to Nancy Wackstein, who 9/11 United Services Group. In 1988, Ms. tion Tigers of Tamil Eelam (LTTE), which the has served as Executive Director of Lenox Hill Wackstein received a Samuel and May Rudin U.S. government has labeled a ‘‘terrorist orga- Neighborhood House since October 1991. Ms. Community Service Award for exceptional nization.’’ It has supported cross-border ter- Wackstein has been a phenomenal director, service to the homeless, and in 1991 the rec- rorism in Sindh, a province of Pakistan, ac- helping to expand the array of services pro- ognition award from the Settlement Housing cording to the Washington Times. The book vided by Lenox Hill and ensuring that Lenox Fund for her efforts to end homelessness. ‘‘Soft Target’’ shows that India shot down its Hill continues to be a vital force in the commu- In recognition of these outstanding achieve- own airliner to blame the Sikhs. It paid out nity. After more than ten years of service, Ms. ments, I ask my colleagues to join me in hon- over 41,000 cash bounties to police officers Wackstein has accepted the challenge of be- oring Nancy Wackstein, an outstanding leader, CONGRESSIONAL RECORD — Extensions of Remarks E1621 a compassionate individual and a truly remark- and the honorary Chairman of the Alumni lion dollars to benefit the least fortunate in our able director for Lenox Hill Neighborhood Centennial Committee, I am pleased to pay society. House. I wish her luck in her new position as tribute to the School of Technology at Eastern An avid writer and poet, Meta charmed head of United Neighborhood Houses. Illinois University on the celebration of its those fortunate enough to witness her literary f 100th anniversary. talent. Meta’s active imagination made her a In 1902, Eastern Illinois University began to gifted storyteller whose vividly refreshing tales SAME SONG AND DANCE offer courses in Manual Training in order to could keep an audience spellbound for hours. educate students on the study of technology. Always in search of new challenges, Meta HON. DOUG BEREUTER Eventually the Illinois Board of Higher Edu- picked up the game of tennis much later in life OF NEBRASKA cation approved the Industrial Technology pro- than most. Despite a lack of past exposure to IN THE HOUSE OF REPRESENTATIVES gram, with three options: light building con- the sport, she rose to become captain of her Thursday, September 19, 2002 struction, electronics, and metals. The pro- women’s tennis team, holding the position for Mr. BEREUTER. Mr. Speaker, this Member gram has been accredited and reaccredited three years. wishes to commend to his colleagues an edi- numerous times by the National Association of Ever conscientious and adventure seeking, torial from the September 18, 2002, edition of Industrial Technology. Meta’s passions led her to travel the world the Lincoln Journal-Star entitled, ‘‘We’ve seen Eastern Illinois’ School of Technology is an often. Her most recent trip took her to Durban, Saddam’s act before.’’ It correctly conveys the outstanding institution and provides its stu- South Africa for the World Conference on skepticism with which the United States and dents with the tools and resources necessary Racism. Traveling with a group of school- the United Nations should approach Saddam to succeed in life. Exemplifying its excellence children, Meta gained a first-hand knowledge Hussein’s recent announcement to allow U.N. and stature, the school has experienced a of the continuing struggle to end racism weapons inspectors into Iraq. large enrollment increase for this fall semes- across the globe. Upon returning home, Meta [lsqb]From the Lincoln Journal-Star, Sept. ter. told family members that the experience had 18, 2002[rsqb] Today, over 500 attend Eastern Illinois’ changed her life. WE’VE SEEN SADDAM’S ACT BEFORE School of Technology. They study a variety of Mr. Speaker, Meta’s life serves as a testa- Anyone who believes that Saddam Hussein disciplines that prepare them for careers in in- ment to us all that with love and determination suddenly caved in to international pressure dustry, business, government, and education. we can overcome any odds and lead inspired and will now ‘‘unconditionally’’ permit The school’s faculty and staff are exceptional lives. Everyone misses her dearly but the weapons inspections is dangerously gullible. as they serve both the needs of their students memory of her indomitable spirit will never be Saddam’s negotiating style was described and provide consulting and training needs for forgotten. accurately and colorfully by President the business and industrial community. George W. Bush. Once again Saddam is f Mr. Speaker, the School of Technology at ‘‘sidestepping, crawfishing and wheedling.’’ HONORING THE 2002 OLIN E. Translations of the six-page letter, com- Eastern Illinois University has much to be plete with a three-page addendum, have not proud of on its Centennial Anniversary. I re- TEAGUE AWARD RECIPIENTS DR. yet been released. gret I cannot attend the school’s ceremonies, DOUGLAS NOFFSINGER AND DR. But some news sources, including The but I wish the school further success and RORY COOPER Economist, reported that the letter from prosperity for the next 100 years and after. Iraqi Foreign Minister Naji Sabri to the U.N. ‘‘leaves scope for doubt. It merely says they f HON. CHRISTOPHER H. SMITH OF NEW JERSEY can return, for example, not explicitly that IN MEMORY OF META FULLER they will enjoy unrestricted access.’’ IN THE HOUSE OF REPRESENTATIVES WALLER A senior State Department official in a Thursday, September 19, 2002 White House briefing described the letter this way: ‘‘It is not a promise to fulfill all its HON. JAMES P. MORAN Mr. SMITH of New Jersey. Mr. Speaker, in obligations under Security Council resolu- OF VIRGINIA a ceremony on Wednesday, September 18, tions. It is not a promise to allow full and IN THE HOUSE OF REPRESENTATIVES 2002, in the Committee on Veterans’ Affairs unfettered access for U.N. inspectors. It is hearing room, Dr. Douglas Noffsinger, Chief, not a promise to disclose, or a disclosure, of Thursday, September 19, 2002 all its prohibited programs. And it’s not a Office of Audiology and Speech Pathology, VA promise to disarm, as Iraq is obliged to do.’’ Mr. MORAN of Virginia. Mr. Speaker, I rise Greater Los Angeles Healthcare System, Los Saddam should not be allowed to let a today to honor the memory of Meta Fuller Angeles, California, and Dr. Rory Cooper, Di- promise turn into delay. United Nations offi- Waller, a dear friend to many, a dedicated rector, Rehabilitation Research and Develop- cials have said in recent days they are pre- public servant and athletic team captain who ment Center, VA Pittsburgh Healthcare Sys- pared to resume inspections immediately. tragically lost her life in the Pentagon on Sep- tem, Pittsburgh, PA, each received an Olin E. The United Nations should waste no time taking up the offer. Send in the inspectors tember 11, 2001. Teague Award for their efforts on behalf of now. Call Saddam’s bluff. Born into a family steeped in the civil rights disabled veterans. movement, Meta Waller learned at a very The Teague Award is presented annually to f young age an appreciation for the arts and the a VA employee (or employees) whose PERSONAL EXPLANATION value of a good education. Her two famous achievements have been of extraordinary ben- grandparents, Meta Warrick Fuller, an African efit to veterans with service-connected disabil- HON. BOB CLEMENT American sculptor and Solomon Carter Fuller, ities, and is the highest honor presented by OF TENNESSEE the first African American psychiatrist in the VA in the field of rehabilitation. IN THE HOUSE OF REPRESENTATIVES United States, inspired Meta to pursue her Dr. Noffsinger was selected to receive this dreams regardless of what stood in her path. prestigious award in honor of his significant Thursday, September 19, 2002 These instilled values guided Meta throughout contributions to the rehabilitation of veterans Mr. CLEMENT. Mr. Speaker, on rollcall Nos. life, especially during the sorrowful loss of with hearing loss, one of the most common 386 and 387, had I been present, I would some of her closest family members. disabilities resulting from military service. His have voted ‘‘yea.’’ With a bachelor’s degree from the University efforts have been multi-faceted and include f of Michigan and a master’s degree from the cutting-edge research, establishing national TRIBUTE TO THE SCHOOL OF prestigious Harvard Kennedy School of Gov- practice algorithms for selecting and fitting TECHNOLOGY AT EASTERN ILLI- ernment in 1982, Meta worked hard to meet hearing aids, and developing guidelines to as- NOIS UNIVERSITY ON ITS CEN- the many challenges she faced as the Special sure that all veterans needing hearing aids TENNIAL ANNIVERSARY Programs Manager for the Administrative As- have equal access to treatment. Dr. Noffsinger sistant to the Secretary of the Army. In her is commended for his leadership role in formu- twelve years at the Pentagon, Meta was heav- lating national clinical practice guidelines for HON. JOE KNOLLENBERG ily involved in the Combined Federal Cam- selecting and fitting hearing aids that have OF MICHIGAN paign (CFC), the annual fund raising drive been accepted as official policy by the profes- IN THE HOUSE OF REPRESENTATIVES conducted by Federal employees on behalf of sional associations that represent all private Thursday, September 19, 2002 numerous non-profit charities. She diligently and public sector audiologists. Mr. KNOLLENBERG. Mr. Speaker, as a served as the Army CFC administrator for 14 Rory A. Cooper, Ph.D., was recognized with proud graduate of Eastern Illinois University years and helped raise in excess of $30 mil- a Teague Award for his major contributions to E1622 CONGRESSIONAL RECORD — Extensions of Remarks September 19, 2002 the rehabilitation of paralyzed individuals, in their support for our legislation in order to about issues influencing the American health the design of the modern wheelchairs, for his avoid making a decision that would be detri- care system. I am especially pleased the promotion of the understanding of secondary mental to the people of the Temecula Valley. theme of this year’s NOM Week is ‘‘Access to disabilities among wheelchair users, and for Our bill will do something else that Cali- Care.’’ his persistent efforts to improve the availability fornia desperately needs. It will allow a local Access to care promotes appropriate entry of high quality products and services to vet- water district to connect a new source of into the health system and is vital to ensuring erans who use wheelchairs. Dr. Cooper’s work power to the grid. the long-term viability of rural health care de- has affected thousands of veterans by ele- The proposed hydro electric facility on Lake livery. Without access to local health care pro- vating the quality of the wheelchair produced Elsinore, adjacent to the corridor, will enable fessionals, rural residents are frequently by manufacturers and provided by the VA and the Elsinore Valley Municipal Water District to forced to leave their communities to receive other third party payers. Dr. Cooper is one of place 600 megawatts of green peaker power necessary treatments. the world’s foremost authorities in wheelchair onto the transmission grid when the California When D.O.s, student doctors and sup- design and technology. His impact on the lives Independent System Operator (CAISO) needs porters of osteopathic medicine travel to Las of people with disabilities has been, and will it. Vegas, NV to attend the AOA’s 107th Annual continue to be, truly profound. In order for this project to become a reality, Convention and Scientific Seminar, nearly Mr. Speaker, the name Olin E. ‘‘Tiger’’ our legislation needs to become law. California 8,000 will receive the latest information on ac- Teague is synonymous with exemplary service needs both improved electrical infrastructure cess to care issues such as professional liabil- to the Nation’s veterans. The late Congress- and a greater generation capacity: our bill is a ity insurance (PLI), uninsured children, bioter- man Teague served on the Committee on Vet- step towards achieving these goals. rorism and mental health. I applaud the osteo- erans’ Affairs for 32 years, 18 of those years Mr. Speaker, I am pleased to be here talk- pathic medical community for emphasizing pa- as its distinguished chairman. No one who ing about this common sense legislation. 1, tient access issues, so important to the 17th worked with him on veterans’ issues ever had along with my colleagues, look forward to District of Texas and the Nation. Take for example, access to children’s to ask why he was called ‘‘Tiger.’’ He set the working with Chairman BARTON and Chairman health care. While nationwide participation in standards by which we can best serve all vet- TAUZIN to make this important legislation law. the State Children’s Health Insurance Program erans. I know my colleagues join me in offer- f has increased since its 1997 inception, many ing our deep appreciation to Dr. Noffsinger parents whose children qualify for the program and Dr. Cooper for their concern, dedication, HONORING THE LIFE OF VERLYAN RUTH BYRD have not yet enrolled them. and innovation in meeting the special rehabili- And let’s not forget the access to care bar- tation needs of veterans. We congratulate Dr. riers facing our minority populations. It is a Noffsinger and Dr. Cooper for the excellence HON. JOHN SHIMKUS proven fact that America’s many racial and of their work and for the distinguished award OF ILLINOIS ethnic groups are frequently at a disadvantage they received. IN THE HOUSE OF REPRESENTATIVES on a wide-range of measures, including effec- f Thursday, September 19, 2002 tive patient-physician communication, over- STATEMENT IN SUPPORT OF H.R. Mr. SHIMKUS. Mr. Speaker, I rise today to coming cultural and linguistic challenges, and availability of health care and insurance cov- 5409 ‘‘THE CLEVELAND NATIONAL honor the life of Verlyan Ruth Byrd. erage. FOREST RESPONSIBLE ELEC- Ruth passed from this life on July 28th. Her Access to health care can be established TRICITY TRANSMISSION ACT OF passing left a gap in the lives of those who 2002’’ only when medical professionals are available knew her, but also in the lives of many others to provide quality health care. Over the past who did not. few years, medical liability premiums and pay- HON. DARRELL E. ISSA She was a compassionate and tireless ad- ments have escalated out of control causing OF CALIFORNIA vocate on behalf of others who were, like her, health care quality, access, and cost prob- IN THE HOUSE OF REPRESENTATIVES impacted by the Government Pension Offset lems. While some states have passed profes- provision. Ruth worked to repeal the Offset, Thursday, September 19, 2002 sional liability insurance (PLI) system reforms, knowing how such a repeal would help others not every state has effective laws in place. Mr. ISSA. Mr. Speaker, I would thank my whose Social Security benefits were reduced The osteopathic medical community recog- colleagues Congressman CALVERT, Congress- as a result of the Offset. nizes many states face critical PLI system man HUNTER, Congressman CUNNINGHAM, Ruth had many friends who joined her in problems. Congressman RADANOVICH, Congressman her efforts to repeal the Offset and will carry For more than a century, D.O.s have made DOOLITTLE and Congresswoman BONO for on in her memory. One of those friends, Cory a difference in the lives and health of my fel- their commitment to meeting southern Califor- Grah, continues to make an impact on this low citizens in Texas as well as all Americans. nia’s energy demands and their continued issue. Overall, more than 100 million patient visits concern for the communities and property It’s for people like Ruth and Cory, that I are made each year to these fully licensed owners affected by the need for a new trans- once again call on my fellow members of Con- physicians able to prescribe and perform sur- mission line. gress to join me in our efforts to repeal the gery. D.O.s serve the needs of rural and un- The Cleveland National Forest Responsible Government Pension Offset once and for all. derserved communities and make up 15 per- Electricity Transmission Act of 2002 will create There are more Ruths and Corys out there, cent of the total physician population in towns a corridor through the Trabuco Ranger District and they deserve better. of 10,000 or less. of the Cleveland National Forest, whereby a f D.O.s are certified in nearly 60 specialties 500 KV transmission line can be built to con- and 33 subspecialties. D.O.s complete and nect the Valley-Serrano transmission line RECOGNIZING NATIONAL pass: four years of medical education at one (owned by Southern California Edison) to the OSTEOPATHIC MEDICINE WEEK of 20 osteopathic medical schools; a one-year Telega-Escondido transmission line (owned by internship; a multi-year residency; and a state San Diego Gas & Electric). The approval of HON. CHARLES W. STENHOLM medical board exam. Throughout this edu- this corridor will greatly strengthen a fragile OF TEXAS cation, D.O.s are trained to understand how California transmission grid while protecting IN THE HOUSE OF REPRESENTATIVES the musculoskeletal system influences the hundreds of homes and businesses from con- condition of all other body systems. Many pa- Thursday, September 19, 2002 demnation. tients want their health care provider to have This bill is the result of discussions and ne- Mr. STENHOLM. Mr. Speaker, I rise today this extra knowledge as a part of their health gotiations among Members of Congress and to recognize National Osteopathic Medicine care. other interested parties for nearly a year. Our Week, October 6–12, 2002, a week when the In recognition of NOM Week, I would like to legislation follows the basic premise that we nation’s 49,000 osteopathic physicians (D.O.s) congratulate the over 2,500 Texas D.O.s, the should utilize lands set aside for public use are particularly dedicated to increasing the 453 students at University of North Texas before condemning private property for a public’s awareness of access to care issues. Health Sciences Center at Fort Worth, and the transmission line. Nearly 97 percent of the For almost 25 years now, the American Os- 49,000 D.O.s represented by the American corridor created by our bill will utilize public teopathic Association (AOA) and its members Osteopathic Association. Your contributions to lands. SDG&E, the utility attempting to secure have celebrated the osteopathic medical com- the good health of the American people are a corridor for a transmission line, has pledged munity’s unified effort to educate the nation commendable. CONGRESSIONAL RECORD — Extensions of Remarks E1623 TRIBUTE TO MR. JACK against suicide. Suicide takes the lives of over PERSONAL EXPLANATION FITZGERALD 30,000 Americans each year. Last year, Sep- tember 16-22, was designated as the Yellow HON. SUE WILKINS MYRICK HON. CONSTANCE A. MORELLA Ribbon Youth Suicide Awareness and Preven- OF NORTH CAROLINA OF MARYLAND tion Week in Pennsylvania. This week brought IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES community awareness to suicide, helped edu- Thursday, September 19, 2002 Thursday, September 19, 2002 cate the public about suicide prevention techniques and brought together families who Mrs. MYRICK. Mr. Speaker, I was unable to Mrs. MORELLA. Mr. Speaker, I rise today to participate in the following votes. If I had been have lost loved ones to suicide. recognize the leadership of Jack Fitzgerald present, I would have voted as follows: and the efforts of Fitzgerald Auto Mall. Work- Suicide prevention efforts are an important September 12, 2002: rollcall vote 385, on ing in concert with the National Safe Kids factor in reducing the amount of suicides in motion to go to conference, I would have Campaign, police, fire and rescue officials, this country. More people die from suicide voted ‘‘yea’’; rollcall vote 386, on approving and the Montgomery County Maryland Office than from homicide each year. The Yellow the journal, I would have voted ‘‘yea.’’ of Consumer Affairs, they have worked dili- Ribbon Program has helped people of all ages September 18, 2002: rollcall vote 391, on gently to ensure that child safety seats have agreeing to H. Res. 528, 1 would have voted been installed in vehicles correctly. Today, at ask for help during their most desperate times. ‘‘yea.’’ Fitzgerald Auto Mall, the 20,000th child safety Members of Congress and communities f seat inspection will be performed. throughout the country have supported this or- Nearly 90% of the child safety seats that ganization. Please join me in recognizing this AMERICAN FRONTIERS: A PUBLIC have been inspected at Fitzgerald Auto Mall important group and the important role it has LANDS JOURNEY found incorrect installations—some with mul- provided in preventing suicides. tiple errors. In addition to those who made the inspections and corrections, I would like to HON. C.L. ‘‘BUTCH’’ OTTER f recognize those 20,000 families who came to OF IDAHO IN THE HOUSE OF REPRESENTATIVES get their child safety seats checked. It is a tes- RECOGNIZING NATIONAL POW/MIA tament to the active and concerned citizenry RECOGNITION DAY Thursday, September 19, 2002 that helps make our community unique. We Mr. OTTER. Mr. Speaker, Idaho is blessed cannot accurately say how many lives have with a variety of natural resources, many of been saved through this effort, but without a them located on public lands. We also are doubt, vehicles and families are now safer be- HON. RUSH D. HOLT blessed with a diverse array of recreational cause of it. OF NEW JERSEY Let us all hope that tens of thousands more choices, many of which also are available on IN THE HOUSE OF REPRESENTATIVES will follow the lead of this first 20,000, and I public lands. Over 63 percent of Idaho is public land. Tens of thousand of visitors to our salute Fitzgerald Auto Mall and all the commu- Thursday, September 19, 2002 nity leaders who have worked so tirelessly in state each year are drawn by the beauty of this effort. Mr. HOLT. Mr. Speaker, citizens across those lands and by opportunities to drive Ida- central New Jersey and the Nation will pause ho’s byways, camp, ski, hike, hunt, river raft or f enjoy a host of other activities. America’s pub- on National POW/MIA Recognition Day to re- TERRORIST ATTACKS OF SEPT. 11, lic lands are an important legacy that belongs flect on the heroism of the thousands of Amer- 2001 to all citizens. Recognizing that fact, Idaho re- icans who endured the hardship of enemy cently hosted a special expedition called HON. TIMOTHY V. JOHNSON confinement, and those who are missing and American Frontiers: A Public Lands Journey, whose fate remains unknown. I’m proud to join OF ILLINOIS which is drawing attention to this special leg- IN THE HOUSE OF REPRESENTATIVES them in observing this important and solemn acy. This 3,200-mile journey by two teams of occasion and to say thanks to those who have Thursday, September 19, 2002 adventurers is helping to educate school- made this sacrifice. children about public lands and bringing all of Mr. JOHNSON of Illinois. Mr. Speaker, last Especially now, at this difficult time in our us the opportunity to better understand the Wednesday our nation commemorated the ter- way these lands help shape the West. I en- rorist attacks of September 11, 2001. While nation’s history, we must remember, that for some brave families, especially the families of courage people to visit the special Web site these attacks were committed on the World that chronicles this amazing interactive jour- our missing, the war is never over. Many of us Trade Center and the Pentagon, they were in ney, at www.americanfrontiers.net. The dis- have read recently about the questions of the fact directed at our nation as a whole. Our patches from the trail recount stories in Idaho freedom, our way of life, the very foundations fate of one of our service people from the Gulf ranging from encounters with grazing sheep of our great democracy, were ruthlessly tar- War, Navy Pilot Scott Speicher. For his family and their shepherds to a ‘‘town’’ with a winter geted by an unprecedented force of evil. Now, and others this day is especially important. population of one person. All of the trekkers one year later, our nation is stronger and more While our government is still making every ef- were impressed, most of all, with Idaho’s vast unified than ever to rid the world of terrorism fort to account for our soldiers, there are still beauty. As one of them observed: ‘‘The view in all of its forms, as well as its root causes 88,000 of our fellow citizens are missing in ac- across the meadow to the mountains is stun- including poverty, injustice, and despair. It is tion from World War II, the Korean War, the ning. We see and hear three sandhill cranes my sincere hope that America never forgets Cold War and the Vietnam War. As a nation, flying overhead. The whole scene seems like the terrible atrocities committed within our bor- we must do all that we can to continue to right out of a movie.’’ I commend the Public ders. These acts were a direct attack upon Lands Interpretive Association for organizing freedom loving people everywhere and we honor them and to account for them. this effort. And I congratulate the individuals have a duty to ensure that freedom and de- In central New Jersey, and the country, of- who will complete this two-month journey on mocracy prevail in this struggle against tyr- fices, schools and businesses will fly the September 28 in Salt Lake City! anny and oppression. POW/MIA flag. It will fly at national and mili- f f tary cemeteries and here, in the Capitol Ro- RACING REMEMBERS YELLOW RIBBON YOUTH SUICIDE tunda, the most honored place in this historic AWARENESS AND PREVENTION seat of our government. WEEK IN PENNSYLVANIA This nation has not forgotten its obligation to HON. ERNIE FLETCHER former POWs and those who are still missing OF KENTUCKY HON. CURT WELDON in action. As people gather today for patriotic IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA ceremonies and speeches to commemorate Thursday, September 19, 2002 IN THE HOUSE OF REPRESENTATIVES our POW/MIA’s, America’s commitment to Mr. FLETCHER. Mr. Speaker, it is an honor Thursday, September 19, 2002 them remains strong. for me to recognize the American racing in- Mr. WELDON of Pennsylvania. Mr. Speaker, I hope my colleagues will join me in marking dustry for its response to the terrible tragedies I rise today to bring attention to the fight National POW/MIA recognition day. our nation suffered a year ago. I am deeply E1624 CONGRESSIONAL RECORD — Extensions of Remarks September 19, 2002 gratified to note that the nation’s horseracing and educational programs in Burma, yet it named the 1978 Morgan Horse Man of the industry, which is of such great importance to continues to amass a dangerous military arse- year honoree and 1990 Morgan Horse Hall of the Commonwealth of Kentucky, shared in our nal. Fame honoree. nation’s ceremonies of remembrance on Sep- Burma is a country of peaceful, intelligent His determination, vitality, boundless energy tember 11. Yesterday, all across the country, and freedom-loving citizens, yet the brutal rul- and dedication will be missed, but despite his our racetracks, owners, trainers and jockeys ing junta has spent the last fourteen years absence, Jim Wigle will continue to serve as all stood together to remember what hap- crushing the will of the people. I join my col- an inspiration and as a role model to the many pened a year ago and to honor those who leagues in recognizing the fourteen year anni- people who knew his indomitable spirit. were lost and those who showed such great versary of the SPDC’s hostile military take- f courage in the aftermath of the terrorist at- over, and I commend Daw Aung San Suu RECOGNIZING MR. MARTIN ORTIZ tacks. Kyl’s continued efforts to fight for freedom, de- The National Thoroughbred Racing Associa- mocracy, and human rights. tion requested that all racetracks operating on f HON. GRACE F. NAPOLITANO September 11 cease normal business oper- OF CALIFORNIA ations to share in a 10-minute, nationally si- IN MEMORY OF JAMES B. WIGLE HON. HILDA L. SOLIS mulcast observance at 4:10 p.m. Eastern OF CALIFORNIA Time. All across the country, there was no HON. ROY BLUNT IN THE HOUSE OF REPRESENTATIVES racing or related activity at any NTRA-member OF MISSOURI Thursday, September 19, 2002 facilities during the brief, dignified and patriotic IN THE HOUSE OF REPRESENTATIVES service which included a flag ceremony, a mo- Thursday, September 19, 2002 Mrs. NAPOLITANO and Ms. HILDA SOLIS. ment of silence, the singing of the National Mr. Speaker, we are extremely proud to rise Anthem and a video tribute. Mr. BLUNT. Mr. Speaker, I rise today to me- today to honor a very special man—Mr. Martin The nationwide ceremony allowed racing morialize James B. Wigle, who died Monday Ortiz, founding Director of Whittier College’s and its fans to remember September 11 to- September 9, 2002. Center of Mexican American Affairs in Whit- gether, even though they were at many dif- His family, friends, community and industry tier, California. ferent locations, because the observance was have suffered a significant loss. Jim Wigle was Mr. Ortiz served our community for more broadcast via simulcast to many different fa- an extraordinary man in many ways and has than 40 years and retired leaving a foundation cilities from Del Mar Thoroughbred Track in permanently left his mark. Today, I would like upon which the next generation of Latino stu- California. It was hosted by Emmy Award-win- to honor James B. Wigle’s career as a pioneer dents will strive to embrace their diversity as ning broadcaster Dick Enberg. in the insurance industry, a philanthropic com- leaders, professionals, and contributors to This observance was the culmination of a munity leader, and his extraordinary efforts their community. In recognition of Mr. Ortiz’s year-long effort by the racing industry to raise with the Morgan Horse Association and Insti- devotion to the college and the community at funds for individuals and families devastated tute. large, he was named Director Emeritus and by the attacks. Over the past year, members Jim Wigle graduated from the University of was given the opportunity to serve as a con- of the international Thoroughbred horseracing Toronto in 1936 with a degree in Business Ad- sultant to Whittier College. community, including tracks, horse owners, ministration and later received his degree as a Mr. Ortiz has a long litany of accomplish- trainers, grooms, jockeys and veterinarians, Chartered Life Underwriter from American Uni- ments, which speak to his sense of duty and have contributed more than $12 million to as- versity. He spent his entire career in the insur- responsibility to the community. As the found- sist the families of those lost on September ance industry, except for five years when he ing director of Whittier College’s Center of 11. served as an officer in the Royal Canadian Ar- Mexican American Affairs, Mr. Ortiz served as I am proud that the American racing and tillery during World War II. a mentor to thousands of students, many of breeding industry has responded so patrioti- In 1946 Mr. Wigle came to California while whom are the first in their families to attend cally to our nation’s ordeal and assisted so working for the Occidental Life Company and college. His work contributed significantly to many Americans hurt by those tragic attacks. later at The Travelers Insurance Company making Whittier College one of the most di- where he recognized the opportunities in the f verse liberal arts colleges in the country. Fur- insurance distribution sector. After becoming thermore, Dr. Ortiz’s leadership in diversity RECOGNIZING FOURTEEN YEARS an insurance representative, he wrote his first issues shaped the ethos of Whittier College in OF TYRANNY IN BURMA association group case in 1951 and began to significant ways. specialize in this segment of the market, thus Mr. Ortiz has received many honors for his HON. MARK STEVEN KIRK becoming one of the country’s pioneers in in- work, including recognition from the California OF ILLINOIS surance mass marketing through associations Legislature for his dedication to the students IN THE HOUSE OF REPRESENTATIVES such as the American Legion Insurance Trust. and the community served by Whittier College. To this end, in 1956 he formed Association He also received the Recognition Award from Thursday, September 19, 2002 Group Insurance Administrators. Today, AGIA the Personnel Management Association of Mr. KIRK. Mr. Speaker, I rise today to rec- has offices in California, Arizona, Minnesota, Aztlan, National Board, for his promotion of ognize the fourteen year anniversary of the and Washington, D.C. AGIA ranks at the fore- employment opportunities for minority youth, mislabeled State Peace and Development front of the independently-owned association and a Distinguished Service Award from the Council’s brutal takeover of power in Burma. group insurance broker-administrators in the U.S. Department of Education. The college’s In addition, I commend Nobel Peace Prize lau- United States. Mr. Wigle served as President organization Alianza de Los Amigos elected reate Daw Aung San Suu Kyi for her contin- and Chief Executive Officer until January 1, him to its Hall of Fame, and a $1.5 million en- ued strength and leadership during this period 1986, and then continued to be actively in- dowed scholarship has been established at of repression and illegitimacy in Burma. volved in the business as Chairman of the Whittier in his honor. After legitimately winning Burma’s 1990 Board and Chief Financial Officer. Throughout his career, Mr. Ortiz has served election, Suu Kyi was placed under house ar- AGIA is a significant employer in the Santa as a consultant and advisor to many organiza- rest in Rangoon. Recently, she was released Barbara and Carpinteria communities and par- tions. He has been a consultant to the U.S. from house arrest, however, nearly 1,500 polit- ticipated in the funding of several community Department of Health and Human Services ical prisoners remain in Burmese prisons for events over the years. Jim Wigle was always and has served on many community and pro- their peaceable opposition to the SPDC’s ille- known as a loving, generous, and thoughtful fessional associations including the Los Ange- gitimate rule. Meanwhile, as many as one mil- person. les County Human Relations Commission, the lion Burmese citizens, many of whom are chil- Jim participated in numerous local associa- Task Force on Improving Community Rela- dren, are forced to build roads, military instal- tion programs over the years and served nations, the California Council of Criminal Jus- lations, and railroads for the junta. tionally as the President of both the American tice, and the National Hispanic Task Force, Over thirty percent of Burma’s children are Morgan Horse Association and the American Social Security Administration. malnourished, yet the illegitimate SPDC re- Morgan Horse Institute. He was responsible Mr. Speaker, we invite our colleagues to join gime continues to spend billions of dollars on for raising the funds necessary to establish the us in saluting Mr. Martin Ortiz for his selfless military equipment purchased from China and Morgan Horse Museum and new permanent and untiring efforts on behalf of Latino stu- Russia. The SPDC regime fails to provide any home for the AMHA in Shelburne, Vermont. dents. His devotion to his work and his com- substantial assistance for critical health care His efforts were recognized, when he was mitment to others has earned him the love CONGRESSIONAL RECORD — Extensions of Remarks E1625 and praise of countless people who have re- fees to acquire ownership, including a prohibi- Kenny, Tara and Erin. Ken and Patti have ceived his comfort, advice and support. We tion on balloon payments. The bill prohibits spent some of their happiest hours on the soc- congratulate him on a wonderfully successful merchants from charging more than one late cer field, baseball field and basketball court career and wish him all the best as he enters fee for a delinquent rental payment, or charge cheering on their children and teammates. retirement. for an unpaid late fee. This will ensure that Mr. Speaker, I ask our colleagues to join me f consumers are not charged with unfair or in offering our congratulations and best wishes over-burdensome penalties and fees for sim- to Ken Largess and to the people in the Town H.R. 1701, THE CONSUMER RENTAL ply missing a payment. of Shrewsbury. PURCHASE AGREEMENT ACT Importantly, H.R. 1701 clarifies civil liabilities protections for consumers in Rent to Own f HON. JAMES H. MALONEY transactions. H.R. 1701 expands civil liability OF CONNECTICUT and penalties to allow actions based on a INTRODUCING A CONCURRENT IN THE HOUSE OF REPRESENTATIVES ‘‘pattern or practice’’ of advertising violations. RESOLUTION THAT THE UNITED Thursday, September 19, 2002 The bill explicitly provides for civil action and STATES SHOULD WORK THROUGH THE UNITED NATIONS Mr. MALONEY of Connecticut. Mr. Speaker, expanded penalties for enforcement by the REGARDING IRAQ I urge my colleagues to support the Consumer FTC and State attorneys general, based on a Rental Purchase Agreement Act, H.R. 1701. pattern or practice of violations by a merchant. The bill before us is the product of the many Additionally, the bill ties criminal and civil li- HON. FORTNEY PETE STARK ability and penalties for violations to the re- months of hard work by several Members. I OF CALIFORNIA quirements of the Truth in Lending Act and want to especially thank Congressman WAL- IN THE HOUSE OF REPRESENTATIVES TER JONES and my Financial Service Com- Consumer Leasing Act. mittee colleagues on both sides of the aisle for Mr. Speaker, this bill establishes an impor- Thursday, September 19, 2002 tant federal floor for consumer protection, and their constructive input in producing a bipar- Mr. STARK. Mr. Speaker, today, I rise in create a framework for additional consumer tisan, consumer friendly piece of legislation. support of America leading a strong and sus- protection in the future. In sum, this legislation Let me make it clear, this bill establishes a tained diplomatic effort with our partners in the will give consumers the information they need federal floor for Rent-to-Own disclosures and international community to confront Saddam to make informed decisions. It will also create consumer rights, and preserves states’options Hussein. a uniform regulatory baseline that will help to regulate costs and other disclosures. That I am proud to join my colleague and friend with the growth of the industry and its con- is, States can still apply further economic and Barbara Lee—among many others—in intro- tributions to our economy. I urge my col- substantive safeguards, such as regulating ducing a resolution expressing the sense of leagues to support this far-sighted legislation. maximum rental costs, allowable fees, and fair Congress that the U.S. work through the collection practices should they decide to do f United Nations to assure Iraq’s compliance so. with UN resolutions regarding weapons of In April of 2000, the Federal Trade Commis- PERSONAL EXPLANATION mass destruction rather than pursue a unilat- sion (FTC) issued a staff report that addresses eral military attack. many of the issues surrounding the rent-to- HON. FRANK MASCARA own industry. Generally speaking, the FTC re- OF PENNSYLVANIA Last week, President Bush finally listened to port concluded that clear and comprehensive IN THE HOUSE OF REPRESENTATIVES the wise counsel of the American people and engaged the United Nations on Iraq’s failure to disclosures of the rental-purchase transaction Thursday, September 19, 2002 would benefit both the industry and con- comply with its resolutions. While I applaud Mr. MASCARA. Mr. Speaker, on September the President’s effort to reach out to our part- sumers. In that report, the FTC made some 17, 2002, I was absent for personal reasons recommendations regarding the types of dis- ners in the United Nations, he seriously under- and missed rollcall votes numbered 388 mined the cause of diplomacy by threatening closure that would benefit consumers. The through 390. For the record, had I been ‘‘Consumer Rental Purchase Agreement Act’’ unilateral action if the UN did not meet Amer- present I would have voted ‘‘yea’’ on all of ica’s demands for military action. I urge the is an effort to begin to implement those rec- these votes. ommendations. President to heed his own words and allow I think that everyone will agree that giving f the United Nations to live up to its responsi- consumers the information they need to make HONORING KENNETH LARGESS bility to hold Iraq accountable without forcing informed decisions is both good public policy hostile military action that threatens America and ultimately good economic policy as well. HON. JAMES P. McGOVERN and the world. The consumer safeguards provided in this leg- I strongly question the President’s assertion OF MASSACHUSETTS that immediate military action is necessary. islation include the prohibition of certain fees, IN THE HOUSE OF REPRESENTATIVES improved consumer disclosures, expanded The evidence of an imminent threat from Iraq civil liability, prohibition of abusive practices, Thursday, September 19, 2002 is not there. The Administration’s so-called se- and the preservation of existing rights. Mr. MCGOVERN. Mr. Speaker, I rise today cret briefings have provided Congress with H.R. 1701 requires several clear and con- to recognize Kenneth Largess, this year’s paltry information they could have as easily spicuous disclosures that assure merchants Grand Marshal for the Spirit of Shrewsbury read in the New York Times. Our intelligence will not present information in such a way that Festival. This gathering for all townspeople will agencies will have to provide something more conceals or misleads consumers as to the true also celebrate the town’s 275th anniversary. compelling than generalized claims that Iraq cost of the transaction. The proposal includes Ken Largess grew up in Shrewsbury and at- could have some nuclear capability in six a plain language requirement for use in con- tended Shrewsbury High School, where he months to seven years. They don’t even know tracts. Specifically, the bill requires that all graduated in 1968 and then received a teach- if Iraq even has the capability of striking the merchandise bear a label or tag that discloses ing degree from Worcester State College. United States with any weapon at this time. specific cost and merchandise information, Soon after he began a teaching career in Without concrete evidence, I do not want such as the price to purchase the merchan- Shrewsbury and is now an Assistant Principal our President to run off willy-nilly and risk the dise for cash, the rental payment amount, the at Shrewsbury High School. Ken has been lives of America’s young men and women. Es- total number of payments to acquire owner- deeply involved in the planning and construc- pecially, when the President has not shown ship, and the total cost of ownership. Addition- tion of the new high school building that will the resolve to seek the evidence to justify ally, H.R. 1701 requires that price tags and be dedicated this Sunday. He is an integral such action or to pursue a peaceful solution to label disclosures (as well as contracts) include part of the school community and is one of the the situation. the total cost for ownership, which consists of reasons behind its tremendous success. Dedi- The President has also ignored the track the sum of all rental payments and any man- cated to his students, he is one of those edu- record of past weapons inspectors in Iraq. Be- datory fees or charges, per the FTC report cators to whom we can point to and say, ‘‘He tween 1991 and 1998, they were successful in recommendation. The bill also requires that has made a difference in the lives of those he destroying large stockpiles of chemical and bi- price tags and labels (and contracts) identify serves.’’ The town of Shrewsbury is indeed ological weapons. He has dismissed Iraq’s whether merchandise is new or used. fortunate. offer to allow weapons inspectors back into The Consumer Rental Purchase Agreement Outside of work, he and his wife, Patti, are Iraq unconditionally. Even worse are the state- Act also prohibits the imposition of any special the proud parents of three grown children, ments from the Administration that the United E1626 CONGRESSIONAL RECORD — Extensions of Remarks September 19, 2002 States should attack Iraq, even if Saddam of Mayor Ralph Appezzato. Ralph was a friend time that this suffering comes to an end. Re- Hussein were proven to be compliant with ex- and a colleague. I offer my heartfelt sympathy ports are clear that the Khartoum regime has isting UN resolutions. As reported by today’s to his wife of 34 years, Marilyn, and their three violated numerous international human rights Washington Post, the Administration is even sons, David, Jason and Joshua. norms: they enslave women and children, di- trying to suppress the scientific analysis of I always valued Ralph’s counsel and his vert food aid, bomb schools, hospitals and government experts who refute their claims friendship. He will be remembered as one of churches, force religious conversions, and that equipment sought by Iraq would provide our nation’s most effective mayors, particularly forcibly ‘‘re-educate’’ citizens. the capability of producing nuclear weapons. for his leadership in the award-winning conver- The story of Mr. Francis Bok of Southern Am I to believe that the President has made sion of the former Alameda Naval Base to Sudan reflects the reality of life for many of waging war with Iraq a foregone conclusion? successful civilian uses. Sudan’s children. At the age of seven, Mr. Bok I think Americans deserve more serious con- Like many friends, colleagues and citizens was captured and enslaved during an Arab sideration on the part of our President before in the Bay Area, I was shocked to learn about militia raid on the village of Nimlal. For ten we plunge our nation into war and risk the Ralph’s untimely death. With his passing we years, he lived as the family slave to Giema lives of their loved ones. have lost a warrior for social justice and posi- Abdullah and was forced to sleep with cattle, Should the President compel Congress to tive change. Ralph was a dedicated public endure daily beatings, and eat rotten food. go to war, the United States risks setting an servant held in the highest regard. Tragically, slavery still exists today. international precedent that the mere sus- Ralph was elected Mayor of the City of Ala- Mr. Speaker, there is a constant flow of re- picion that a nation may soon possess weap- meda on November 8, 1994, and reelected ports out of Sudan which describe the horrors ons of mass destruction is reason enough to November 3, 1998. He was previously elected of life for the people, particularly those from preemptively attack them or force a regime to the City Council in November, 1992 and the South, under the Khartoum regime. Our change. Who are we to attack next? Iran? was a member of the Alameda City Planning nation, and the international community must North Korea? China? Board, twice serving as President. stand in solidarity with the people of Sudan If we should remove Saddam Hussein from Ralph is a graduate of Seton Hall University and offer concrete, practical ways to alleviate power, we must consider the consequences. and went on to receive a graduate degree in their suffering and bring peace. We must act Secretary Rumsfeld has said it is up to the Education from Villanova University. He is also to bring an end once and for all to the civil war Iraqi people to confront the challenges of a a graduate of the Armed Forces Command and deliberate genocide in Sudan. The recent post-Saddam Hussein Iraq. This would likely and General Staff College. peace agreements are a step forward, yet ignite a civil war between the Shiites, the Ralph served as a Marine Corps Officer, re- Khartoum already has violated the agree- Kurds, the Turks, and other ethnic groups that tiring as a Colonel in 1983. After leaving the ments. make up that nation. Do we want these war- Marine Corps, he was a Vice President at This week, a number of organizations, led ring groups to gain access to chemical, bio- Bank of America for seven years and Chief by the Institute on Religion and Democracy logical, and nuclear weapons, should they Operating Officer at Volunteers of America for (IRD), are staging a Stand Firm Vigil for exist? Is it worth risking the stability of the four years. Sudan. I commend IRD, Christian Solidarity Middle East or the world? Ralph’s dedication to community issues was International (CSI), the American Anti-Slavery Given the need for an extended U.S. pres- reflected in his participation on many regional Group, Servant’s Heart Ministry for Sudan and ence there, would our invasion be worth the organizations in the San Francisco Bay Area, others for their tireless work on behalf of the price at home? It would likely cost over $60 including: the Alameda Reuse and Redevelop- suffering people of Sudan. I stand with you billion to deploy our troops and sustain a force ment Authority; the East Bay Conversion and and with the freedom-loving people of Sudan. of up to 100,000 U.S. troops in one year Reinvestment Commission; the Alameda f alone. These troops would likely have to stay County Waste Management Authority; the Ala- for up to 5–10 years as part of an international meda County Congestion Management Agen- HAPPY BIRTHDAY, PAUL L. BRADY peacekeeping force. Rebuilding a war torn cy; the Alameda County Mayors’ Conference; Iraq would also likely cost roughly $50–100 the Alameda County Airport Land Use Com- HON. JOHN LEWIS mission; the Metropolitan Transportation Com- billion. OF GEORGIA With deficit spending already running at mission; the San Francisco Bay Conservation IN THE HOUSE OF REPRESENTATIVES over $150 billion this year, these military costs and Development Commission; the San Fran- would create a monumental budget crisis cisco Bay Area Water Transit Authority; the Thursday, September 19, 2002 when we’ve yet to secure basic domestic pri- Federal Department of Transportation Towing Mr. LEWIS of Georgia. Mr. Speaker, I rise orities like a prescription drug benefit or shor- Safety Advisory Committee, and; the U.S. to salute a distinguished citizen, Paul L. ing up the solvency of Social Security. Conference of Mayors. Brady, of the Fifth Congressional District of Finally, by acting with the tepid support of Ralph also served on several Boards of Di- Georgia as he celebrates a special day in his the international community, protracted U.S. rectors, including: Alameda Council, Boy life, his 75th birthday. involvement in Iraq could threaten the support Scouts of America; Alameda Boys and Girls Paul L. Brady, a native of Flint, Michigan, we have gotten from Middle East countries in Club; Clara Barton Foundation, and; Alameda received his early education in the Flint public our war on terrorism. It could easily ignite Meals on Wheels. schools. After graduating from high school, he long-standing discontent among the Arab peo- I join his family, the City of Alameda and the enlisted in the U.S. Navy. Following military ple that would only fuel a more aggressive ter- Bay Area as we mourn the passing of a great service, he attended the University of Michi- rorist offensive here in the United States. American. gan and University of Kansas, majoring in psy- For these reasons, I believe we must pro- f chology. ceed wholeheartedly with responsible and sus- STAND FIRM VIGIL FOR SUDAN Judge Brady’s interest in the law was tained diplomacy. I am proud to sponsor BAR- prompted by his personal involvement in what BARA LEE’s resolution that underscores the became the landmark case of Brown v. The value and necessity of this effort. The Presi- HON. JOSEPH R. PITTS Board of Education of Topeka, Kansas. He at- OF PENNSYLVANIA dent must lead the United Nations to fulfill its tended law school at Washburn University, To- IN THE HOUSE OF REPRESENTATIVES mission without unnecessary bloodshed. I peka, where he received his Juris Doctor De- urge my colleagues to join with us to provide Thursday, September 19, 2002 gree. He did further study at the Lawyer’s In- him this mandate. Mr. PITTS. Mr. Speaker, I rise today out of stitute, Chicago, Illinois; the Center for Admin- f deep concern over the continued attacks by istrative Justice, George Washington Univer- MOURNING LOSS OF MAYOR the Khartoum regime in Sudan against inno- sity; and graduate work at Georgetown Law RALPH APPEZZATO cent civilians. Recent reports indicate that the Center, Washington, DC. Government of Sudan, despite agreeing to a His legal experience included twelve years HON. BARBARA LEE peace proposal, bombed the town of Lui—why of private practice in Chicago, Illinois, an adju- would they bomb a town that has only a dicator for the Social Security Administration, OF CALIFORNIA school, hospital and church and no military in- a Supervisory Trial Attorney for the Federal IN THE HOUSE OF REPRESENTATIVES stallations? This recent incident shows the real Power Commission (receiving this commis- Thursday, September 19, 2002 intentions of the Khartoum regime. sion’s highest award for efficiency in 1971), Ms. LEE. Mr. Speaker, I rise today with a Christians, Muslims and others have suf- and a Hearing Examiner with the Department heavy heart and deep sadness over the loss fered terribly under the Khartoum regime—it is of Health, Education and Welfare. CONGRESSIONAL RECORD — Extensions of Remarks E1627 In 1972, he was appointed a Federal Ad- alarming rate. The number of volunteer fire- in North Beach, in Calvert County, Maryland ministrative Law Judge and became the first fighters around the country has declined 5 to and he served as an officer for 13 years be- African American to be so named. After serv- 10 percent since the 1980s, while emergency fore his tragic death. Corporal Arnaud was an ing 25 years on the bench, Judge Brady re- service calls have steadily increased over the excellent officer and he was posthumously tired. During the last 6 years of his tenure, he same period. awarded the rank of sergeant for his service. presided as Chief Judge of the Atlanta Re- To help localities recruit and retain volunteer He is survived by his wife, Theresa, two chil- gional office. In his honor, a Library-Con- firefighters, the State of Connecticut enacted a dren, Jamey and Michael, and two grand- ference Room has been designated the Brady law allowing among other things, the legisla- children, Joseph and Jacob. Conference Room in the Sam Nunn Federal tive body of any municipality to establish, by Deputy Magruder graduated from the South- Office Building. ordinance, a program to abate property taxes ern Maryland Criminal Justice Academy on Judge Brady is a member of the Judicial due for any fiscal year for a resident of the May 3, 2002. She recently bought a house in Council of the National Bar Association, the municipality who volunteers his or her services Clinton, Maryland and is survived by her hus- Federal Administrative Law Judges’ Con- as a firefighter, emergency medical technician, band, Derwinn, and her son, Devin. Deputy ference and the Federal Bar Association. He or ambulance driver in the municipality. Many Magruder loved her job and strived to help has also served as a faculty coordinator for a other states have passed similar initiatives. other people. course on Administrative Law Procedure at However, when cities and towns seeking to Both of these officers were shot to death while working overtime to serve an emergency the National Judicial College, Reno, Nevada. pass local ordinances providing the abate- psychiatric court order. Serving court orders is In addition to being a member of several State ments or other incentives under the state law, considered a routine duty for officers to per- Bars, he is also admitted to practice before the IRS ruled in a similar property tax abate- form. However, this tragedy reminds us of the the Supreme Court of the United States. ment inquiry, that under current federal law terribly high risks that a law enforcement offi- A life member of the NAACP, he has re- the amount of property tax abated for volun- cer faces while doing even routine tasks. ceived numerous awards and honors for com- teers was considered income. Local law enforcement officers like Deputy munity involvement, the highlight of which was Also, since the workers do not actually re- Magruder and Corporal Arnaud have such a national recognition for organizing government ceive ‘‘cash’’ for these ‘‘wages,’’ the ‘‘em- strong sense of duty to their community that lawyers in a Volunteer Neighborhood Legal ployer’’ (i.e. localities) would be required to they willingly put themselves at risk every day Services Program in Washington, DC. pay both portions of the FICA tax on the that they are on the job to protect our lives In 1992, Flint Central High School selected amount of property tax abated. Further, if the and make our communities safer. This dedica- Judge Brady as one of its initial honorees in localities do not seek reimbursement from the tion to duty makes law enforcement officers an the Alumni Hall of Fame. In 1997 he was in- volunteers for their portion of the FICA tax, integral part of a community’s strength. ducted into the National Bar Association’s Hall then that portion would be considered wages This is a true meaning of the word ‘‘hero.’’ of Fame. He is the author of ‘‘A Certain Blind- for FICA tax purposes subject to an additional A person who is determined to help others, ness,’’ a book that chronicles his family’s his- FICA tax. even if it means sacrificing their lives. tory and is a prototype of other African-Amer- Clearly, this confusing ruling undermines the Local law enforcement officers have the ican families’ quest for the ‘‘promise of Amer- intention of providing incentives to recruit and courage to guard us, the compassion to help ica.’’ retain enough volunteer firefighters and emer- us, and the strength of spirit to do their job, Judge Brady is the father of two children: gency medical responders to keep our com- even though they are rarely praised. Corporal Paul L. Brady, Jr., of Los Angeles, Dr. Laura munities safe and puts an enormous economic Arnaud and Deputy Magruder are a part of Brady Sullivan and son-in-law Dr. Paul Sul- burden on localities. this tradition, and they gave their lives in the livan, Southlake, Texas and grandson Paul In today’s fast paced economy where men course of a routine day. We shall not forget Sullivan, Jr. He lives in Atlanta with his wife, and women must work longer hours or mul- them; their bravery and sense of duty are cer- Xernona, a television executive. tiple jobs just to break even, time to volunteer tainly worthy of praise. f is becoming a thing of the past. These types Mr. Speaker, I ask my colleagues to join me of creative incentives help encourage new vol- today in recognizing the sacrifices of Corporal THE INTRODUCTION OF AN ACT TO unteers to strengthen the ranks of the men James Arnaud and Deputy Elizabeth AMEND THE INTERNAL REVENUE and women who already safeguard our com- Magruder. CODE OF 1986 TO EXCLUDE FROM munity. If our cities and towns are willing to f INCOME AND EMPLOYMENT forgo their local tax revenues in order to en- FINISH WORK ON CAMPAIGN TAXES AND WAGE WITHHOLDING sure they have enough volunteer firefighters FINANCE REFORM PROPERTY TAX REBATES AND and emergency medical responders to protect OTHER BENEFITS PROVIDED TO their communities, then Washington DC and VOLUNTEER FIREFIGHTERS AND the IRS should not be allowed to swoop in HON. JAMES A. LEACH EMERGENCY MEDICAL RESPOND- and take the money for themselves. OF IOWA ERS I urge my colleagues to support this legisla- IN THE HOUSE OF REPRESENTATIVES tion and insure that state and local govern- Thursday, September 19, 2002 HON. JOHN B. LARSON ments have the flexibility to design and imple- Mr. LEACH. Mr. Speaker, I rise to invite the OF CONNECTICUT ment the type of recruiting and retention in- attention of my colleagues to a sea change IN THE HOUSE OF REPRESENTATIVES centive programs that most adequately reflect that is taking place in our political life, a Thursday, September 19, 2002 the needs of their communities and volun- change uncontemplated by our founders: the teers. nationalization of campaigns for the U.S. Mr. LARSON of Connecticut. Mr. Speaker, I f House of Representatives. rise today to introduce bipartisan legislation Our founders envisioned a Congress made that would exclude tax abatements and other IN MEMORY OF CORPORAL JAMES up of members obligated to represent the in- qualified incentives provided by local govern- VICTOR ARNAUD AND DEPUTY terests and views of widely diverse constitu- ments to volunteer firefighters and emergency ELIZABETH LICERA MAGRUDER encies. But as money has become the lever of medical responders from being considered influence and as that money now comes from part of an individual’s gross income, and allow HON. STENY H. HOYER national sources, candidates are finding them- states and communities around the country to OF MARYLAND selves indebted more to those who play the provide these important recruiting and reten- IN THE HOUSE OF REPRESENTATIVES slot machines of influence than those they at- tion incentives to their volunteer firefighters Thursday, September 19, 2002 tempt to influence—i.e., the voter. and emergency medical responders. Many active in American politics may take Studies conducted by the United States Fire Mr. HOYER. Mr. Speaker, I rise today to this money game development for granted and Administration show that 73 percent of all fire honor and remember Corporal James Victor may even welcome it, but this change has departments in the United States are volunteer Arnaud and Deputy Elizabeth Licera profound ramifications for our experiment in departments. These volunteer departments ac- Magruder. These two officers lost their lives in self government that deserve careful consider- count for protecting 38 percent of America’s the line of duty on August 29, 2002. ation. population, in both rural and urban areas. Corporal Arnaud was in the Army for twenty As we all know, the Constitution sketches However, statistics have shown that the ranks years before retiring and joining the Prince the outlines of the House in Section 2 of Arti- of volunteer fire companies are shrinking at an George’s County Sheriff’s Office. He resided cle 1. What the founders had in mind for the E1628 CONGRESSIONAL RECORD — Extensions of Remarks September 19, 2002 body is perhaps summed up best by Madison What is being lost in this cacophonous war Family members recall the many pleasures in Number 57 of The Federalist Papers: ‘‘The of political words and images is the voice of of summers, weekends and winter holidays House of Representatives is so constituted as individual Iowans, that to which Members and spent at the Muter family farm in Port Hope. to support in the members an habitual recol- candidates for the House are charged prin- In the winter, John, Mitzie, family and friends lection of their dependence on the people.’’ cipally to attend. enjoyed snowmobiling and other cold-weather The late Speaker Tip O’Neill’s dictum ‘‘all As many of you know, I have been an advo- activities. Summers found them fishing, gar- politics is local’’ and our referral to this place cate of radical campaign finance reform dening, attending church picnics and heading as ‘‘the people’s body’’ symbolize this funda- throughout my tenure in the House. Since first off to county fairs. Over the years, the love mental understanding of the nature and pur- seeking public office, I have refused contribu- and commitment that John and Mitzie showed pose of the House. tions from special interest PACs and accepted for each other and the children created an in- Modern campaigning, with its emphasis on support only from individual Iowans, limiting credible bond that has extended to their image and short, simple messages, and its that to half what is allowed by law. I have reg- grandchildren and beyond. use of television to project these images and ularly offered to enter into agreements with my Finally, Mr. Speaker, I ask my colleagues to messages, combined with the role of special opponents to limit campaign spending and just interest money in financing increasingly ex- join me in congratulating John and Mitzie as as regularly been rebuffed, as I was this year. they approach the milestone of fifty years of pensive House contests, is in danger of sev- Moreover, I also have consistently re- ering this defining relationship between Mem- marriage. A good marriage is one of life’s quested that outside groups not make inde- most cherished covenants because it rep- bers and their constituents. At risk is the dis- pendent expenditures in my races. I have enfranchisement of the American voter. In resents a declaration of love, and, as Paul done so this year and would like to reiterate said in his Letter to the Corinthians, ‘‘Though 2002 several factors have combined to make and underscore that request now. Outside in- my home state of Iowa a microcosm of this I speak with the tongues of men and angels, terest groups should stay out of what are in- but do not have love, I am nothing.’’ I am con- troubling development. tended by the Constitution and ought to re- This is the first election following the Con- fident that John and Mitzie’s love for each will main instate voter choices. endure into eternity and I wish them many fu- stitutionally-mandated decennial census and But as important as it is to me, the shifting resulting reapportionment of the House. In ture years of marital bliss. nature of modern campaigns is about much Iowa, re-Districting properly is not the incum- more than House races in Iowa. If the trend bent protection process it is in most states. f toward more expensive races and thus heav- Rather, the state’s constitution requires that ier financial obligations for candidates is not Iowa’s ninety-nine counties be grouped to- RECOGNIZING DR. JAMES WITHERS curbed, Congress will become a legislative gether in a configuration that distributes the body where the small businessman or woman, population most evenly among the five Con- the farmer, the worker, and the ordinary cit- gressional Districts without dividing a single HON. WILLIAM J. COYNE izen are only secondarily represented. county. This approach should and has in the Whatever the makeup of the 108th Con- OF PENNSYLVANIA past meant a renewal of political life in the gress, I would hope that it will give a high pri- IN THE HOUSE OF REPRESENTATIVES state, with a new alignment of districts revital- ority to finishing the work of campaign finance izing the state’s body politic. Thursday, September 19, 2002 This year the district realignment process reform that this Congress so imperfectly worked well. The question now is whether the began. Mr. COYNE. Mr. Speaker, I rise today to outside interest groups involvement has mush- f call the House’s attention to one of my con- roomed to such an extent that the nature of CONGRATULATING JOHN AND stituents who has recently been recognized for our state’s congressional elections have BEVERLY ‘‘MITZIE’’ MUTER his efforts to provide medical care to south- changed in such ways as to incentivize nega- western Pennsylvania’s homeless population. tivity and reward the kind of campaigning de- HON. JAMES A. BARCIA Dr. James S. Withers, M.D., will be receiv- signed to appeal to the lower instincts of ing a 2002 Robert Wood Johnson Community OF MICHIGAN human nature. Health Leadership award on September 24 at IN THE HOUSE OF REPRESENTATIVES The slim margins of control in both bodies the National Press Club. Dr. Withers is the of the national legislature, the protection ex- Thursday, September 19, 2002 founder and Medical Director of Operation tended to incumbents and therefore the status Mr. BARCIA. Mr. Speaker, I rise today to Safety Net in Pittsburgh, Pennsylvania. quo in other states, a close gubernatorial con- test and a hotly contested Senate seat, the honor John and Beverly ‘‘Mitzie’’ Muter of Port Each year the Community Health Leader- closeness of the last presidential election in Hope, Michigan, as they prepare to celebrate ship Program honors ten outstanding, individ- the state and the pivotal role the Iowa cau- fifty years of marriage and a life-long commit- uals who have found innovative ways to bring cuses will play in the 2004 race for the White ment to each other and their three children. health care to communities where health care House, have all combined to make Iowa a John and Mitzie’s dedication and loving rela- needs have been ignored and unmet. Each principal battleground on which this year’s po- tionship serves as a beautiful and inspiring award winner receives $120,000—$105,000 litical fight is being waged. model for their family, friends and neighbors. for program support and $15,000 for a per- As a consequence, money has been pour- In the early 1950s, Mitzie and her parents sonal stipend. ing into the state from national special interest stopped to get something to eat at a tavern in Dr. Withers, who teaches medicine at Mercy PACs. Our airwaves have been jammed with the small community of Lewisville, Michigan, Hospital in Pittsburgh, has been actively in- radio and television ads, both positive and when John spotted her across the room and volved in providing health care to local home- now increasingly negative in nature, pur- told his friends that she was the girl he was less residents since 1993. In that year, he chased at already exorbitant and rapidly esca- going to marry. After a year-long courtship, founded Operation Safety Net to provide this lating cost. Mailings from campaigns and par- John proposed and Mary Lou accepted. They care. Operation Safety Net currently has 16 ties cram the state’s mailboxes and politicians were married on the thirtieth of May 1953 in volunteer teams which seek out homeless in- from across the country flock in droves to the Saints Peter and Paul Church in Ruth. dividuals and address their health care needs. Iowa, ostensibly to assist this or that can- John and Mitzie lived, worked and raised Operation Safety Net currently serves about didate, but certainly to boost their own ambi- three wonderful children, John Jr., Jill and 900 patients a year, many of whom suffer tions for leadership positions in Congress or Jamie, in Saint Clair Shores. Mitzie devoted from substance abuse and mental illness. on the broader national stage. her life to raising and nurturing the children In addition, interest groups from across the and providing a stable and supportive family Dr. Withers has said that the award money political spectrum are making ‘‘independent environment. John had a long and distin- will be used as matching funds for a grant to expenditures’’ on behalf of Iowa candidates in guished career as a master electrician until his carry out a 3-year plan to improve health care unprecedented numbers. These efforts, wheth- retirement, giving him more time to spend with for the homeless and develop methods for er positive of negative nature, in the form of Mitzie, their children and grandchildren. After measuring the results of such efforts. newspaper, radio or television ads, mailings or John’s retirement about 20 years ago, the Mr. Speaker, I want to take this opportunity the sending in of workers to forward a can- couple moved to their farm in Port Hope. to commend Dr. Withers for all of his hard didate or cause, are by law without the knowl- Mitzie then opened and ran a clothing store, work and congratulate him on the recognition edge, much less the control, of the campaigns Mitzie’s Fashion Boutique, in Harbor Beach for of his efforts with a Robert Wood Johnson effected by them. many years. Community Health Leadership Award. CONGRESSIONAL RECORD — Extensions of Remarks E1629 TRIBUTE TO MR. WILLIS ‘‘SNAKE’’ been extraordinary in giving of himself to his rorist attacks and to assist rebuilding Guam’s MURRAY fellow human beings. If there was ever a more educational system. Mr. Meno’s song is one dynamic personality who genuinely exalts the patriotic American’s expression of our nation’s HON. CARRIE P. MEEK good name and stellar reputation of good, feelings of loss, recognition of our citizens’ OF FLORIDA public servants, then this honoree would admi- heroism, and the ultimate hope that America’s IN THE HOUSE OF REPRESENTATIVES rably fit that billing. freedom can be shared with the world. These Mr. Willis Murray is a veritable dynamo as sentiments are held by all of us, and I am glad Thursday, September 19, 2002 a community activist. A leader imbued with a to be able to share this letter with you today. Mrs. MEEK of Florida. Mr. Speaker, it is in- genuine ecumenical spirit, he is also an inde- SEPTEMBER 11, 2002 deed a great privilege to pay tribute to my fatigable organizer for causes that may well in- DEAR FELLOW AMERICANS, on this day, we friend and confidant, Willis ‘‘Snake’’ Murray, dict the status quo on one hand, but yet in- join you in remembering your loved ones one of the most unsung leaders of our Miami- spire the confidence of our disenfranchised who left us on September 11, 2001. We would Dade County community and Florida. On senior citizenry on the other. His manifold like to join with you in recognizing and remembering the brave men and women of the Thursday, September 26, 2002, in Tampa, charitable actions toward others genuinely Florida, he will be conferred the prestigious New York Fire Department, the New York matches the depth of his Judaeo-Christian Police Department, and the other heroes who 2002 C. Colburn Hardy Older Advocate faith. Time and time again he has willingly vol- sacrificed their lives to save another’s. It is Award. This honor symbolizes the state’s high- unteered his expertise and resources to many these extraordinary deeds from ordinary peo- est recognition for volunteer leadership exem- organizations that often look up to his unique ple that make us all proud to call ourselves plified by Mr. Murray in his role as advocate brand of no-nonsense leadership. Americans; your voices and deeds will never par excellence for older persons. Mr. Speaker, this deserving honoree proudly be forgotten. I commend this decision by the officers and symbolizes the remarkable, unusual strength My family and the people of Guam salute and embrace the American people and the members of the Florida Foundation on Active of my community and my state of Florida. Aging, which established this award in June noble ideas they stand for. I dedicate this Urged on by his genuine Faith in Almighty song to the mothers and fathers, the sons 1998 to honor C. Colburn Hardy of West Palm God, he so chose to abide by the injunction of and daughters, and the men and women who Beach. It memorializes Mr. Hardy’s work as a his stewardship that Faith without good works made the ultimate sacrifice to bring freedom former New Jersey State Legislator, commu- is dead...’’ And he so chose to give credence and democracy to the island of Guam during nity leader and author of numerous publica- to the fact that God is indeed alive and well World War II. I would also like to dedicate it tions and financial books, including ‘‘Social and present among us through his works of to the American servicemen and to the peo- Security: The Crisis in America’s Social Secu- volunteerism and good will. ple all over the world who long for freedom rity System.’’ It also dignifies his spirit of con- Mr. Speaker, Willis Murray is a unique mani- and democracy. I dream of the day when all secration to the well-being of senior citizens the children of the world will be able to festation of compassion whose courageous vi- enjoy liberty’s blessings. God bless Guam, throughout this nation via his crucial role in the sion and pragmatic approach to leadership God bless America, and God bless the world. Pepper Commission for Older Americans and evokes our hope and optimism inherent in the Semper Fidelis, the White House Conferences on Aging. idealism of the American spirit. It is my hum- FRANKIE MICHAEL MENO. Mr. Willis Murray succinctly epitomizes the ble prayer that, as my years of service in this f disarming personality of a gentleman and the august body draw to a close, I would become resilience of a trailblazer. One of the distin- less unworthy of the trust and confidence he TRIBUTE TO JACK AND PATTI guished members of Booker T. Washington’s has so generously entrusted to me for so SALTER Class of 1943 in Miami, he went on to obtain many years. his bachelor’s and master’s degrees from Flor- f HON. SANDER M. LEVIN ida A&M University, and attended post- OF MICHIGAN IN HONOR OF FRANKIE M. MENO graduate studies at Barry University and Uni- IN THE HOUSE OF REPRESENTATIVES versity of Miami. He has always had the knack of being at HON. ROBERT A. UNDERWOOD Thursday, September 19, 2002 the forefront of the struggles of African-Ameri- OF GUAM Mr. LEVIN. Mr. Speaker, I rise to com- cans and other minority groups in their quest IN THE HOUSE OF REPRESENTATIVES memorate the dedication of the City of Royal for simple justice and fairness. Nowhere has Oak’s community center in the name of Jack Thursday, September 19, 2002 this struggle been aptly defined than in his un- and Patti Salter. This is a most fitting tribute equivocal stance of equality of opportunity for Mr. UNDERWOOD. Mr. Speaker, today I to a couple so vital to the fabric of the Royal everyone in our community, be it in the arena share with you an open letter written to the Oak community. of academic excellence for all children or in American public by my constituent, Frankie The new community stands on the site, and the ongoing struggle for economic and political Michael Meno. This letter was composed to will continue to house, the Boys & Girls Club empowerment for disenfranchised Americans. recognize the losses of September 11, 2001, of South Oakland County. To many of us, the Willis Murray is the consummate activist on the one-year anniversary of the terror at- name of this Club and Jack Salter are synony- who abides by the dictum that those who have tacks against America. Mr. Meno’s letter was mous as he was the executive director of this less in life, through no fault of their own, accompanied by a CD containing a song, organization for over thirty years from August should be helped by the government, regard- ‘‘America’’, which he wrote, and performed in 1958 until February 1991. less of their race, creed, age or gender. While the company of his step-children, nieces, and During Jack Salter’s tenure as executive di- many have been inspired by his brand of un- nephews: Jessica, Sarah, and Mason Inder, rector, the Club received 21 National Honor abashed sincerity, countless others have been and Shay, Daverin, and Davin Diaz. Awards for Program Excellence and 13 honor- motivated to follow his example for his unre- Mr. Meno, a resident of lnarajan, Guam, able mentions from Boys & Girls Clubs of lenting penchant for taking up any cause that began writing songs in 2000. He finds the America. That is more than any single Boys & would buttress the dignity of his fellow human process simple as the melody and words com- Girls Club in the country. In addition, seven beings, particularly our elder citizens. ing to him almost automatically. His song Club members were selected as Michigan Countless admirers and friends will honor ‘‘America’’ was inspired by the pride he felt Youth of the Year, and four Club members Mr. Murray at a gathering of people from all watching the closing ceremonies of the Winter were Midwest Youth of the Year and traveled political and philosophical persuasions Olympic Games in Salt Lake City, Utah, where to our nation’s Capitol to meet the President. throughout Florida. This celebration comes at people of all nationalities, languages, and col- Jack and Patti Salter are examples of what a time when our state and this nation sorely ors came together as one. Mr. Meno hopes makes the Royal Oak community so strong. need the exemplary services of senior advo- ‘‘America’s message of peace and freedom They share a tireless commitment to our cates who, despite their busy schedules dur- can be extended to all corners of the world’’. youth, a passion for grassroots activism and a ing their retirement, still find time to reach out In speaking of Mr. Meno, I wish to convey warmth of character that draws people to them to the less fortunate and create opportunities to you his pride in America and his 16 years and their causes. I have been privileged to call and programs that enhance the lives of our service with the U.S. Marines, his love of his them friends. senior citizens. family and children Christelle, Joseph, Anto- The mission statement for the Boys & Girls This honoree may be just an ordinary guy nia, and Jessica, and his grandchildren Isaiah Club is: To Inspire and enable all young peo- trying to face his responsibilities each day to and Jaythan, and his desire to use his song ple to help them realize their full potential as his own immediate family, and yet he has making abilities to help the victims of the ter- productive, responsible, and caring citizens. E1630 CONGRESSIONAL RECORD — Extensions of Remarks September 19, 2002 Jack and Patti have surely inspired and they criminal court based on balanced recognition will, in Hobbes’ piercing phrase, continue to be have made a difference in the lives of so of international statutes, I confess to being ‘‘nasty, brutish, and short.’’ Creation of an ICC many of our young people. chagrined both at the inability of the inter- is a step in the direction of evolving inter- Mr. Speaker, I ask my colleagues to join me national community to accommodate legiti- national society but it only makes sense if the in honoring Jack and Patti Salter for all they mate American concerns, and the all-or-noth- United States is able to join without concern have done to benefit the youth in South Oak- ing approach of our government that has left for the legitimate exercise of its global respon- land County, and to congratulate them on this us without effective means to ensure that the sibilities. day as the new community center in Royal ICC operates in ways that are consistent both The United States should thus seek revision Oak, Michigan is dedicated as the Jack and with credible rule of law principles and with or a protocol to the treaty ensconcing a Secu- Patti Salter Community Center. sensitivity to U.S. interests designed to ad- rity Council role. Such an approach would f vance democratic governance. achieve American objectives without calling for The problem is that as a great power called exclusive consideration. THE UNITED STATES AND THE FU- upon to intervene in areas of the world or dis- f TURE OF THE INTERNATIONAL putes such as the Balkans, Afghanistan and CRIMINAL COURT troubled areas of the Middle East, the U.S. is REPRESENTATION OF TAIWAN IN vulnerable to charges being leveled against THE UNITED NATIONS HON. JAMES A. LEACH actions which we might reasonably consider to OF IOWA be peacekeeping, but another power or gov- HON. STEVEN R. ROTHMAN IN THE HOUSE OF REPRESENTATIVES ernment might charge to be something very OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Thursday, September 19, 2002 different. For instance, what would happen if Serbia were to bring a case against an Amer- Thursday, September 19, 2002 Mr. LEACH. Mr. Speaker, one of the pro- ican naval pilot when such a pilot is operating found issues in world affairs today relates to Mr. ROTHMAN. Mr. Speaker, one of the under both a U.S. and NATO mandate? The most challenging issues facing the United Na- the widespread perception abroad that the President has suggested we should, exclusive United States has become so disproportion- tions General Assembly this fall is representa- of all other countries, be allowed a veto over tion of Taiwan in the United Nations. U.N. ately powerful that we need no longer be con- applicability of international law with regard to strained in our actions by international rules, Resolution 2758 (XXVI) of October 25, 1971, the ICC. Many other countries, including which seated the People’s Republic of China treaties, and even traditional security partner- strong U.S. allies, have angst about this de- ships. This perception has helped fuel mistrust in the United Nations, did not properly address mand because they see this approach as es- the Taiwan issue. Recently, China has indi- of American motives and resentment of Amer- tablishing the principle of one country being ican power, potentially hobbling the effective- cated its willingness to allow Taiwan to join entitled to operate above the law. the United Nations but only if Taiwan acknowl- ness of U.S. foreign policy at a critical juncture This is not an unresolvable dilemma. When edges the ‘‘one-China’’ policy. in world politics. the ICC treaty was under negotiation, it was In many respects, controversy surrounding Since the U.N. Resolution in 1971, Taiwan the assumption of many that the Security has not had the opportunity to join the most the new International Criminal Court is an apt Council where all the permanent members symbol for this debate. The International powerful and influential group of nations in the have a veto would play a determinative role in world, the United Nations, and this has caused Criminal Court, which came into being on July bringing matters before the ICC. If such was 1, will be the first global permanent inter- harm for the people of Taiwan. They have the case, the U.S. could fully protect itself as been denied the right to be a part of U.N. national court with jurisdiction to prosecute the could the other permanent members. Unfortu- most heinous individual violators of human work and activities. For example, while Taiwan nately, because the past administration played is willing and able to contribute its resources rights—genocide, war crimes, and crimes a confused, ambivalent role in development of against humanity. to combat AIDS, tuberculosis and malaria, Tai- the treaty, it failed to get this common sense wan has been denied the chance to partici- The United Nations, many human rights or- approach adopted and put the new administra- ganizations, and many U.S. allies have ex- pate in U.N. sponsored HIV/AIDS conferences tion in the embarrassing position of objecting and other similar health organization gath- pressed support for the new court. The Admin- to an important treaty because of the failed di- istration, however, strongly opposes it and has erings. Taiwan has also been denied access plomacy of its predecessors. to major international conferences such as the renounced any U.S. obligations under the Based on discussions with representatives development conference held in Monterrey, treaty. of several governments sympathetic to the Mexico in March 2002, and the U.N. General Although the U.S. has several valid con- U.S. dilemma it is my understanding that there Assembly Special Session on Children in May cerns about the ICC—chiefly that the ICC may be an inclination to seek a reasonable 2002. In truth, Taiwan’s exclusion from the might become politicized and capriciously as- compromise on treaty language, even at this U.N. raises serious concerns about the rights sert jurisdiction over U.S. soldiers or high offi- late date. It would appear to be an umbrage of the Taiwanese people under the U.N. Char- cials charged with ‘‘war crimes’’—our bellig- to many countries to craft a provision exclud- ter, the Universal Declaration of Human erent opposition to the Court also carries obvi- ing the U.S. alone from ICC jurisdiction, but it Rights, and other international human rights ous downside risks to American leadership. would seem not unreasonable on a process America’s well-deserved reputation as a provisions. basis to return to a Security Council role. On Mr. Speaker, we must continue to speak out champion for human rights and extension of this basis the U.S. and the international com- the rule of law has been called into question. in support of Taiwan. Taiwan is a sovereign munity should be credibly protected. state and conducts full diplomatic relations Our efforts to play hardball in the UN Security The court would function as a treaty organi- with 27 member states of the United Nations. Council by threatening to withhold support for zation founded on state consent, while re- Moreover, Taiwan has membership in a num- UN peacekeeping missions unless the U.S. is specting Security Council authority to refer any ber of major international organizations, in- granted immunity from the ICC alienated matters affecting international peace and se- cluding the World Trade Organization. Taiwan friends and allies abroad. The withholding of curity to the court’s jurisdiction. This approach should be recognized for what it is—a nation military assistance to members of the ICC has the advantage that it does not make a that shares democratic values with the United may be seen as an attempt to undermine the pure exception for the United States. Under- States and a nation that deserves active par- court and influence the decisions of other standable concerns about inequitable protec- ticipation in the United Nations. countries to join the ICC. By demanding spe- tion of the nationals of permanent members of cial treatment in the form of immunity from the the Council would need to be balanced f ICC, the US may be seen as bolstering the against the enhanced durability and legitimacy HAPPY CENTENNIAL, BOROUGH OF perception of its preference for a unilateral ap- of the institution. BEAVER, PENNSYLVANIA proach to world affairs and a determination to Mr. Speaker, I have long believed that laws, operate in the world exclusively on our own to be effective, must constrain governments in HON. MELISSA A. HART terms. As a result, U.S. efforts to build coali- their foreign policies as well as individuals in OF PENNSYLVANIA tions in support for the war against terrorism domestic acts, and that in order to hold gov- IN THE HOUSE OF REPRESENTATIVES as well as the enforcement of UN resolutions ernments accountable there must be individual against Iraq may have been impaired. accountability at the highest as well as lowest Thursday, September 19, 2002 Mr. Speaker, as an early advocate for the levels of society. Justice must be brought to Ms. HART. Mr. Speaker, in 1802 a small lot establishment of a permanent international the international frontier or life for too many of 200 acres was established as a borough in CONGRESSIONAL RECORD — Extensions of Remarks E1631 western Pennsylvania. At the time, it was cessful career in the Navy, he is retiring on work on behalf of the California League of home to little more than 30 houses, but over January 1, 2003. Conservation Voters and Friends of the River, the next two centuries, it blossomed into the Captain Stivers enlisted in the U.S. Navy in he has served on the boards of directors of strong, vibrant community that it is today. November 1970 and was assigned to NAS EcoVenture and the Planning and Conserva- The Borough of Beaver is currently cele- Lemoore as an Air Traffic Controller. Later, he tion League. He is also a Director of the East brating its bicentennial, and on Saturday, Sep- graduated from the University of Idaho with a Bay Municipal Utilities District. tember 21st, its residents will take to the Bachelor of Science degree in Mechanical En- Doug founded The Next Generation, a pub- streets in a beautiful parade to conclude their gineering, and was designated a Naval Aviator lic relations and campaign consulting firm yearlong festivities. in 1977. based in Oakland, California. He is now presi- The Borough of Beaver has a proud history Captain Stivers’s visionary leadership and dent of that company. He is committed to cre- and has produced some of the most dedicated unrelenting personal drive are directly respon- ating a healthier environment for generations public servants in Pennsylvania’s history, in- sible for the unparalleled infrastructure im- to come. We are indebted to him for caring cluding Daniel Agnew (1808–1902), a Chief provements at NAS Lemoore, and successful about our future. Justice of the Pennsylvania Supreme Court, career of distinctive accomplishments. Addi- Mr. Speaker, I ask my colleagues to join me and Matthew S. Quay (1833–1904), a U.S. tionally, his infectious enthusiasm combined today in saluting Doug Linney whose life work is an inspiration to all of us. Senator. with a true grasp of local issues allowed him The Borough was once described as the to build an extraordinary relationship with the f ‘the seat of justice,’ and it has remained true surrounding communities of Lemoore and TRIBUTE TO LAJOS KOSSUTH, to this name. Beaver is a community where Hanford. HUNGARIAN CHAMPION OF DE- people pride themselves in their dedication to Captain Stivers, among many other accom- MOCRACY AND FREEDOM, ON family, faith, work and their fellow neighbors. It plishments, superbly led and directed NAS THE 200TH ANNIVERSARY OF HIS is a place where you could barely walk down Lemoore through a critical period of regional BIRTH the street without running into a friend. reorganization. This included the execution of Mr. Speaker, I ask all of my colleagues to a congressionally supported plan that invested HON. TOM LANTOS join me today in wishing this strong, resilient over $500 million in construction and renova- OF CALIFORNIA community our best wishes as they celebrate tions of hangars, weapons facilities, airfield IN THE HOUSE OF REPRESENTATIVES their 200th birthday. They helped build Amer- pavements, maintenance facilities, barracks Thursday, September 19, 2002 ica into the great nation that we all cherish so and housing, Navy Exchange, Navy College, dearly, and they continue today as a model for Commissary and numerous Quality of Life/Mo- Mr. LANTOS. Mr. Speaker, today, Sep- all communities to look up to. rale, Welfare and Recreation facilities. More- tember 19, 2002, is the 200th anniversary of Borough of Beaver, happy bicentennial, and over, all of these challenges were met during the birth of Lajos Kossuth—Hungarian free- we wish you another 200 years of growth and a period in which NAS Lemoore experienced dom fighter, democratic visionary, and fre- prosperity! a 30 percent growth in military personnel, with quently called ‘‘the George Washington of Hungary.’’ Kossuth is the symbol of democ- f the addition of a new fleet replacement squad- ron and three FA–I8E/F fleet squadrons. racy, representative government, and national TRIBUTE TO THE RESERVES Mr. Speaker, I ask that you and my distin- independence of the Hungarian people. FORCES POLICY BOARD guished colleagues join me in congratulating On this bicentennial of the birth of Lajos Captain John V. Stivers on the occasion of his Kossuth, the Hungarian government has held HON. SILVESTRE REYES retirement from military duty. I wish him a fa- a parliamentary anniversary day, convened conferences, restored monuments and held OF TEXAS vorable departure and continued success. historical competitions. For Hungarians, IN THE HOUSE OF REPRESENTATIVES f Kossuth is not only the leading symbol in Hun- Thursday, September 19, 2002 TRIBUTE TO DOUG LINNEY gary’s quest for a democratic society, he is Mr. REYES. Mr. Speaker, it is my privilege also a key figure in the development of the to recognize the Reserve Forces Policy Board consciousness of the Hungarian nation. HON. HOWARD L. BERMAN During the middle of the 19th century, on its 50th Anniversary. The Reserve Forces OF CALIFORNIA Kossuth came to symbolize these democratic Policy Board was created by the Armed IN THE HOUSE OF REPRESENTATIVES values and respect for human rights in the Forces Reserve Act of 1952 (Public Law 82– Thursday, September 19, 2002 United States and in Europe as well. As an of- 476) to represent members of the Guard and ficial guest of the United States government Mr. BERMAN. Mr. Speaker, I am pleased Reserve as their advocate to the Secretary of for six months in 1851–1852, Kossuth was the today to pay tribute to Doug Linney, a young Defense and Congress. Today, it continues to first non-American in our nation’s history after man who has dedicated his life to helping pre- provide leadership to the Department of De- the Marquis de Lafayette to have the honor of serve California’s environment. Doug was a fense with timely and independent advice on addressing the Senate and the House of Rep- matters pertaining to the Reserve Compo- member of my District Office staff in 1983 and resentatives. nents. During the Gulf War and again in the 1984, so he is special to me. American journalist Horace Greeley said of aftermath of September 11th, our nation’s reli- Doug is being presented with the Mark him in 1852: ‘‘Of the many popular leaders ance upon the Reserve components has be- Dubois Award by the Friends of the River on who were upheaved by the great convulsions come increasingly clear. October 3rd. This is a most deserved honor as of 1848 . . . the world has already definitely For its fine work as an independent source Doug has served California’s environmental assigned the first rank to Louis Kossuth—ad- of advice to the Secretary of Defense on all community for more than twenty years. He vocate, deputy, finance minister, and finally matters pertaining to the Reserve compo- has been a passionate advocate, a savvy governor of Hungary.’’ American man of letters nents, I commend and recognize the Reserve strategist, a coalition builder and an excep- Ralph Waldo Emerson, in welcoming Kossuth Forces Policy Board on its 50th Anniversary. tional fund raiser. to the town of Concord, Massachusetts, where f Doug began his career with Friends of the the American revolution began said: ‘‘We only River as a staff member, later becoming a see in you the angel of freedom.’’ RECOGNIZING CAPTAIN JOHN V. member of the Board of Directors and a gen- Mr. Speaker, in recognition of his role as a STIVERS erous supporter. From 1988 to 1994, he was symbol of democracy and the relationship be- Political Director of the California League of tween the American and Hungarian people, a HON. CALVIN M. DOOLEY Conservation Voters, where he worked to bust of Lajos Kossuth was placed in the OF CALIFORNIA elect pro-environment candidates. He still United States Capitol on March 15, 1990. My IN THE HOUSE OF REPRESENTATIVES serves as a board member of that organiza- wife Annette was the motivating force behind tion, and also as co-chair of its Environmental that inspired effort. On that occasion in 1990 Thursday, September 19, 2002 Leadership Forum. the Hungarian people were on the cusp of Mr. DOOLEY of California. Mr. Speaker, I Over the years, Doug has developed exper- their liberation from the communist govern- rise today to recognize the accomplishments tise in the areas of water, solid waste, forestry ments that dominated the country for the pre- of Captain John V. Stivers, Commanding Offi- and environmental tax reform issues, and vious 45 years. Our celebration of the place- cer of Naval Air Station Lemoore at Lemoore, many organizations have benefited from his ment of the Kossuth statue in our Capitol California since 1999. After a long and suc- knowledge and experience. In addition to his building provided the occasion for us to pay E1632 CONGRESSIONAL RECORD — Extensions of Remarks September 19, 2002 tribute to Lajos Kossuth, his contribution to de- Initially Kossuth and the Hungarian forces Mr. Speaker, the visit of Kossuth to the mocracy, and the close links that he forged succeeded in driving the Austrian troops back United States in 1851–1852 immediately in- between Hungary and the United States. nearly to Vienna, but the superior military volved him in critical foreign and domestic pol- Mr. Speaker, Lajos Kossuth was born on power of the Austrians resulted in the occupa- icy issues facing the American people. U.S. in- September 19, 1802 in Monok, Zemplon tion of Budapest in January 1849. In March of volvement in the struggle for democracy and County, Hungary. He was born in modest cir- 1849, a new emperor, Franz Josef I, was in- independence in Europe was the first of these cumstances, though his father was a member stalled, and he immediately annulled the pre- questions. Many American leaders favored our of the gentry. Following his father’s profession, vious decree acknowledging Hungary’s auton- active participation and support for that strug- he became an attorney, and began his career omy. In April, the Hungarians rallied and ex- gle, while others strongly opposed any in- as an agent for a local nobleman. In 1832 at pelled most Austrian military forces from the volvement beyond our borders. By his very the young age of 30, he was designated a country. Under Kossuth’s leadership, the elect- presence in our country, Kossuth—the leader substitute to represent a noble in the Hun- ed Hungarian Diet declared the independence of the best known revolution against absolut- garian Diet (Parliament). In this position, he of the nation in a document influenced by our ism, monarchy, and repression of the mid-19th produced a record of the Diet’s proceedings, own American Declaration of Independence. century—gave powerful support to those who At that same time, Kossuth was elected ‘‘Gov- and became an advocate for political reform favored American involvement in the inter- ernor-President’’ of Hungary, responsible to and national independence. This alarmed the national fight for freedom and democracy. Austrian government, and resulted in his being the elected representatives in parliament. sentenced to a four year prison term, although The Austrian government and military forces Kossuth, during his stay in Washington, he was released after serving one year. While were unable to reestablish control of Hun- made a particularly noteworthy comment: ‘‘It is incarcerated, he taught himself English by garian areas of the empire, and meanwhile, a remarkable fact in the history of mankind studying the Bible and the works of Shake- the Russian tsar and his government became that while in the past honors were bestowed speare. paranoid about the possibility that Hungary’s upon glory and glory was attached only to In 1847 Kossuth was elected to the Diet as embrace of democracy and representative success, the legislative authorities of this great a representative of the county of Pest. He be- government could influence peoples within its republic bestow the highest honors upon the came the leader of the opposition Reform boundaries. With the acquiescence of Austria, persecuted in exile, not conspicuous by glory, Party, and urged extensive political and social a massive Russian army invaded Hungary in not favored by success, but engaged in a just June 1849. The badly outnumbered Hungarian reforms. The outbreak of the 1848 revolution cause.’’ military force surrendered six weeks later. The in Paris and Vienna gave the reform move- Russians carried out brutal reprisals against Lajos Kossuth was also a fervent foe of big- ment new impetus. In powerful speeches to leaders of the independent Hungarian govern- otry, racism, and anti-Semitism, and in a world the Diet in March of 1848, Kossuth demanded ment and the Hungarian army. where such values are increasingly under at- the removal of the dead hand of Austrian ab- Kossuth, many of his loyal followers and tack, it is useful to recall his remarks on this solutism as the only way to protect the lib- thousands of Hungarian troops were able to topic: ‘‘I have never had and never will dif- erties of the Hungarian and other peoples of flee to Turkey. Under pressure from the gov- ferentiate between man and man, based on the Austrian empire, and he called for the ernments of the United Kingdom, the United race, language or religion; as a man of the adoption of representative democratic govern- States, and other west European states, the nineteenth century I am ashamed by the anti- ment throughout Austria. Turkish sultan refused Russian and Austrian Semitic agitation, as a Hungarian I feel repent- On March 15, Hungarians in the city of Pest demands that Kossuth be returned to their ant towards, as a patriot I scorn anti-Semitic staged a massive peaceful demonstration de- control. Kossuth was taken from Turkey on the agitation. I am scornful of anti-Semitism for the manding their independence from Austria. US frigate Mississippi. He made brief stops in additional reason of its presentation of the so- That same day in Vienna, Kossuth and other France and England, and he arrived in New cial and economic problems not as symptoms parliamentary delegates presented demands York City on December 5, 1851. His arrival but causes, depicting the Jews as they would to the Austrian imperial court for virtual inde- was an occasion of remarkable celebration. have serve foreign interests preventing the pendence of Hungary. The panicked court ac- U.S. Senator Charles Sumner of Massachu- well being of our country. This sentiment dis- cepted the Hungarian demands, and a Hun- setts later recalled that occasion in these tracts attention from the recognition of the real garian government was appointed by the em- terms: ‘‘I remember the landing of Kossuth. reasons of these problems, the urgency and peror. March 15 remains a Hungarian national The admiration, . . . enthusiasm, . . . love of search for solutions. I consider the principle of holiday in commemoration of this occasion. people, gave him an ovation which only two discrimination based on race, language or reli- Kossuth served in the key role of Minister of men had ever received—Washington and La- gion not only a moral but a political impos- Finance. Kossuth’s oratorical prowess and his fayette.’’ sibility.’’ commitment to social and political reform soon Over the next six months, Mr. Speaker, made him the most popular and highly re- Kossuth was received by the President of the Mr. Speaker, I invite my colleagues to join garded member of the government. United States, the Senate and the House of me in marking the bicentennial of the birth of As the Hungarian government adopted ever Representatives, and he traveled throughout the great Hungarian statesman and freedom bolder reforms and asserted its independence the United States. An indication of the enthu- fighter, Lajos Kossuth. It is most appropriate from Vienna, the Austrian government began siasm which Kossuth’s visit to our country that we in the United States mark the occa- an effort to reassert its control. In September generated is that fact that a county was sion of his birth and recognize the positive im- 1848 an Austrian army invaded Hungary, the named after this Hungarian freedom fighter in pact he has had upon Hungary and other na- Prime Minister resigned, and Kossuth was Iowa; towns were named in his honor in Indi- tions throughout the world, including our own. named President of the Committee of National ana, Mississippi, New York, and Ohio; and He was greatly influenced by the values and Defense. He mobilized the Hungarian nation many American cities have streets or avenues principles of American democracy, and our na- against overwhelming odds and instilled in the named for him in places such as St. Louis, tion was enriched by his visit here a century people the determination to resist Austrian ab- New York City, Buffalo, Providence, and Tren- and a half ago and by his life-long commit- solutism. ton. ment to the values and principles we share. Thursday, September 19, 2002 Daily Digest Senate ment, with the time until 4:30 p.m., equally divided Chamber Action and controlled between Senators Dodd, Inouye and Routine Proceedings, pages S8871–S8956 Campbell or their designees; that no amendment be Measures Introduced: Eighteen bills and three res- in order to the Dodd amendment prior to the vote; olutions were introduced, as follows: S. 2966–2983, that at 4:30 p.m., the amendment be temporarily and S. Res. 328, and S. Con. Res. 142–143. laid aside and the Senate then proceed to the motion Page S8918 to proceed to the motion to reconsider the vote by which cloture was not invoked on Byrd Amendment Department of the Interior Appropriations: Sen- No. 4480; that the motion to proceed be agreed to ate continued consideration of H.R. 5093, making and the motion to reconsider be agreed to, and there appropriations for the Department of the Interior then be 60 minutes for debate prior to a vote on clo- and related agencies for the fiscal year ending Sep- ture with respect to Byrd Amendment No. 4480, tember 30, 2003, taking action on the following with the time equally divided and controlled be- amendments proposed thereto: Pages S8872–80 tween the 2 Leaders or their designees; that at 5:30 Pending: p.m., without further intervening action or debate, Byrd Amendment No. 4472, in the nature of a the Senate resume consideration of Dodd Amend- substitute. Pages S8872–80 ment No. 4522 and vote in relation to the amend- Byrd Amendment No. 4480 (to Amendment No. ment; that immediately following the vote with re- 4472), to provide funds to repay accounts from spect to the Dodd amendment, regardless of the out- which funds were borrowed for emergency wildfire come of the vote, the Senate vote on the motion to suppression. Page S8872 invoke cloture on Byrd Amendment No. 4480, that Craig/Domenici Amendment No. 4518 (to if cloture is not invoked, and if the Dodd amend- Amendment No. 4480), to reduce hazardous fuels on ment has not been disposed of, then the Senate re- our national forests. Page S8872 sume consideration of the amendment, and it remain Dodd Amendment No. 4522 (to Amendment No. debatable and amendable; that on Monday, the Sen- 4472), to prohibit the expenditure of funds to recog- ate resume consideration of H.R. 5005, Homeland nize Indian tribes and tribal nations until the date Security bill. Pages S8955–56 of implementation of certain administrative procedures. Page S8872 Homeland Security Act: Senate continued consider- Byrd/Stevens Amendment No. 4532 (to Amend- ation of H.R. 5005, to establish the Department of ment No. 4472), to provide for critical emergency Homeland Security, taking action on the following supplemental appropriations. Page S8872 amendments proposed thereto: Daschle motion to reconsider the vote (Vote No. Pages S8880–89, S8901–13 217) whereby cloture was not invoked on Byrd Adopted: Amendment No. 4480 (to Amendment No. 4472). Hatch Amendment No. 4693 (to Amendment A unanimous-consent agreement was reached pro- No. 4471), to provide greater cybersecurity. viding for further consideration of the bill at 3:30 p.m., on Monday, September 23, 2002, and resume Page S8902 consideration of Dodd Amendment No. 4522 (to Withdrawn: Amendment No. 4472), listed above, that there be Reid (for Byrd) Amendment No. 4673 (to 60 minutes of debate with respect to the Dodd Amendment No. 4644), in the nature of a sub- amendment prior to a vote in relation to the amend- stitute. Page S8956 D953 D954 CONGRESSIONAL RECORD — DAILY DIGEST September 19, 2002 Pending: Ticket to Work and Work Incentives Advisory Lieberman Amendment No. 4471, in the nature Panel: The Chair, on behalf of the Democratic Lead- of a substitute. Pages S8880–89, S8901–13 er, after consultation with the Chairman of the Sen- Byrd Amendment No. 4644 (to Amendment No. ate Committee on Finance, pursuant to Public Law 4471), to provide for the establishment of the De- 106–170, announced the appointment of Jack L. partment of Homeland Security, and an orderly Hillyard, of Iowa, to serve as a member of the Tick- transfer of functions to the Directorates of the De- et to Work and Work Incentives Advisory Panel, partment. Page S8880 vice Dr. Richard V. Burkhauser, of New York. Lieberman/McCain Amendment No. 4694 (to Page S8956 Amendment No. 4471), to establish the National Messages From the President: Senate received the Commission on Terrorist Attacks Upon the United following messages from the President of the United States. States: During consideration of this measure today, Senate Transmitting, pursuant to law, the periodic report also took the following action: Pages S8902–13 By 50 yeas to 49 nays (Vote No. 218), three-fifths on the national emergency with respect to persons of those Senators duly chosen and sworn, not having who commit, threaten to commit, or support ter- voted in the affirmative, Senate failed to agree to the rorism; to the Committee on Banking, Housing, and motion to close further debate on Lieberman Urban Affairs. (PM–109) Page S8917 Amendment No. 4471 (listed above). Page S8889 Transmitting, pursuant to law, a report on the A unanimous-consent agreement was reached pro- continuation of the national emergency with respect viding for further consideration of the bill at 9:30 to persons who commit, threaten to commit, or sup- a.m., on Tuesday, September 24, 2002, and resume port terrorism is to continue in effect beyond Sep- consideration of the Byrd amendment No. 4644; tember 23, 2002; to the Committee on Banking, that the second degree amendment (Reid (for Byrd) Housing, and Urban Affairs. (PM–110) Page S8917 Amendment No. 4673 (to Amendment No. 4644)) Transmitting, pursuant to law, a report on the be withdrawn once this agreement is entered; that National Security Strategy of the United States of there be a total of 60 minutes for debate with re- America; to the Committee on Armed Services. spect to the amendment; the Senate then proceed to (PM–111) Page S8917 vote on the Byrd first degree amendment; that upon disposition of the Byrd amendment; the Senate pro- Messages From the House: Page S8917 ceed to a period of morning business until 12:30 Measures Referred: Page S8917 p.m., for the purpose of tributes to Senator Thur- mond; that the Senate stand in recess from 12:30 Enrolled Bills Presented: Page S8917 p.m., to 2 p.m, for the regular party conferences; Executive Reports of Committees: Pages S8917–18 that at 2 p.m., the Senate resume consideration of Additional Cosponsors: Pages S8918–20 the Lieberman/McCain Amendment No. 4694 and there be 15 minutes remaining for debate prior to Statements on Introduced Bills/Resolutions: a vote in relation to the amendment, that upon the Pages S8920–34 use or yielding back of time, without further inter- Additional Statements: Pages S8915–17 vening action or debate, the Senate vote in relation to the amendment, with no second degree amend- Amendments Submitted: Pages S8934–54 ment in order prior to a vote in relation to the Authority for Committees to Meet: Pages S8954–55 amendment. Page S8956 Record Votes: One record vote was taken today. Nomination Agreement: A unanimous-consent (Total—218) Page S8889 agreement was reached providing for consideration of Reena Raggi, of New York, to be United States Cir- Adjournment: Senate met at 10 a.m., and ad- cuit Judge for the Second Circuit, at 10:30 a.m., on journed at 7:19 p.m., until 10 a.m., on Friday, Sep- Friday, September 20, 2002, with a vote to occur tember 20, 2002. (For Senate’s program, see the re- thereon. Page S8956 marks of the Acting Majority Leader in today’s Appointment: Record on page S8965). September 19, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D955 S. 2951, to authorize appropriations for the Fed- Committee Meetings eral Aviation Administration; (Committees not listed did not meet) S. 2550, to amend the Professional Boxing Safety Act of 1996, and to establish the United States Box- U.S POLICY IN IRAQ ing Administration, with an amendment in the nature of a substitute; Committee on Armed Services: Committee concluded S. 2608, to amend the Coastal Zone Management hearings to examine U.S. policy toward Iraq, focus- Act of 1972 to authorize the acquisition of coastal ing on the Administration’s proposal on the matter, areas in order better to ensure their protection from receiving testimony from Donald H. Rumsfeld, Sec- conversion or development, with an amendment in retary of Defense; and Gen. Richard B. Myers, the nature of a substitute; USAF, Chairman of the Joint Chiefs of Staff. Hearings will resume on Monday, September 23. H.R. 1989, to reauthorize various fishing conservation management programs, with an amend- CONSUMER PROTECTION ment in the nature of a substitute; Committee on Banking, Housing, and Urban Affairs: H.R. 2486, to authorize the National Oceanic and Committee concluded hearings to examine consumer Atmospheric Administration, through the United financial privacy issues, focusing on related provi- States Weather Research Program, to conduct re- sions of the Gramm-Leach-Bliley Act (P.L. search and development, training, and outreach ac- 106–102), including opt-out provisions, limitations tivities relating to inland flood forecasting improve- on sharing of account numbers, and favorable pre- ment; emption standards, after receiving testimony from S. 2862, to provide for the establishment of a sci- Minnesota Attorney General Mike Hatch, St. Paul; entific basis for new firefighting technology stand- Vermont Attorney General William H. Sorrell; ards, improve coordination among Federal, State, and North Dakota State Representative James M. Kasper, local fire officials in training for and responding to Fargo; Fred H. Cate, Indiana University School of terrorist attacks and other national emergencies, with Law, Bloomington; John C. Dugan, Covington and an amendment in the nature of a substitute; Burling, on behalf of the Financial Services Coordi- S. 2945, to authorize appropriations for nating Council, and Edmund Mierzwinski, on behalf nanoscience, nanoengineering, and nanotechnology of Consumer Action, Consumer Federation of Amer- research; ica, Consumer Task Force on Automotive Issues, H.R. 2733, to authorize the National Institute of Consumers Union, Electronic Privacy Information Standards and Technology to work with major man- Center, Identity Theft Resource Center, Junkbusters, ufacturing industries on an initiative of standards de- Inc., Privacy Rights Clearinghouse, Private Citizen, velopment and implementation for electronic enter- Inc., U.S. Public Interest Research Group, both of prise integration; Washington, D.C.; and Phyllis Schlafly, Eagle S.J. Res. 42, commending Sail Boston for its con- Forum, St. Louis, Missouri. tinuing advancement of the maritime heritage of nations, its commemoration of the nautical history of BUSINESS MEETING the United States, and its promotion, encourage- Committee on Commerce, Science, and Transportation: ment, and support of young cadets through training; Committee ordered favorably reported the following and business items: The nominations of David McQueen Laney, of S. 2949, to provide for enhanced aviation security, Texas, to be a Member of the Reform Board (Am- with amendments; trak), Rebecca Dye, of North Carolina, to be a Fed- S. 2946, to reauthorize the Federal Trade Com- eral Maritime Commissioner, Roger P. Nober, of mission for fiscal years 2003, 2004, and 2005; Maryland, to be a Member of the Surface Transpor- S. 2817, to authorize appropriations for fiscal tation Board, and certain nomination lists for pro- years 2003, 2004, 2005, 2006, and 2007 for the motion in the U.S. Coast Guard. National Science Foundation, with an amendment; S. 2950, to amend title 49, United States Code, NATIONAL PARKS LEGISLATION to authorize appropriations for the National Trans- Committee on Energy and Natural Resources: Sub- portation Safety Board for fiscal years 2003, 2004, committee on National Parks concluded hearings to and 2005, with an amendment; hold hearings on S. 2623, to designate the Cedar D956 CONGRESSIONAL RECORD — DAILY DIGEST September 19, 2002 Creek Battlefield and Belle Grove Plantation Na- LAW ENFORCEMENT TREATIES tional Historical Park as a unit of the National Park Committee on Foreign Relations: Committee concluded System, S. 2640 and H.R. 321, bills to provide for hearings to examine the Treaty Between the Govern- adequate school facilities in Yosemite National Park, ment of the United States of America and the Gov- S. 2776, to provide for the protection of archae- ernment of Belize on Mutual Legal Assistance in ological sites in the Galisteo Basin in New Mexico, Criminal Matters (Treaty Doc. No. 107–13), Treaty S. 2788, to revise the boundary of the Wind Cave Between the Government of the United States of National Park in the State of South Dakota, S. 2880, America and the Government of the Kingdom of to designate Fort Bayard Historic District in the Sweden on Mutual Legal Assistance in Criminal State of New Mexico as a National Historic Land- Matters (Treaty Doc. No. 107–12), Treaty Between mark, H.R. 3786, to revise the boundary of the the Government of the United States of America and Glen Canyon National Recreation Area in the States the Government of Ireland on Mutual Legal Assist- of Utah and Arizona, and H.R. 3858, to modify the ance in Criminal Matters (Treaty Doc. No. 107–9), boundaries of the New River Gorge National River, Treaty Between the Government of the Republic of West Virginia, after receiving testimony from Jeffrey India on Mutual Legal Assistance in Criminal Mat- K. Taylor, Assistant Director, Office of Legislative ters (Treaty Doc. No. 107–3), Treaty Between the and Congressional Affairs, National Park Service, and Government of the United States of America and the Robert Anderson, Deputy Assistant Director, Min- Principality of Liechtenstein on Mutual Legal Assist- erals, Realty and Resource Protection, Bureau of ance in Criminal Matters (Treaty Doc. No. 107–16), Land Management, both of the Department of the Extradition Treaty Between the United States of Interior; Dale Giese, Fort Bayard Historical Society, America and of the Republic of Peru (Treaty Doc. Silver City, New Mexico; Michael J. Hainer, New No. 107–6), Extradition Treaty Between the Gov- Mexico Department of Health, Fort Bayard; Max ernment of the United States of America and the Stauffer, Bass Lake School District, Fish Camp, Cali- Government of the Republic of Lithuania (Treaty fornia; and Patricia L. Zontine, Shenandoah Valley Doc. No. 107–4), Second Protocol Amending the Battlefields Foundation, Shenandoah Valley, Vir- Treaty on Extradition Between the Government of ginia. the United States of America and the Government of Canada, as amended (Treaty Doc. 107–11), Treaty TRANSPORTATION PROJECT DELIVERY between the Government of the United States of America and the Government of the Republic of Committee on Environment and Public Works: Com- Honduras for the Return of Stolen, Robbed, or Em- mittee concluded hearings to examine progress on bezzled Vehicles and Aircraft, with Annexes and a project delivery and environmental streamlining related exchange of notes (Treaty. Doc. No. 107–15), issues under the Transportation Equity Act for the after receiving testimony from Samuel M. Witten, 21st Century (TEA–21), after receiving testimony Deputy Legal Adviser, Department of State; and from Emil H. Frankel, Assistant Secretary for Trans- Bruce C. Swartz, Deputy Assistant Attorney General, portation Policy, and Kenneth M. Mead, Inspector Criminal Division, Department of Justice. General, both of the Department of Transportation; John Peter Suarez, Assistant Administrator for En- NOMINATIONS forcement, and Compliance Assurance, Environ- Committee on Foreign Relations: Committee concluded mental Protection Agency; Katherine Siggerud, Act- hearings to consider the nominations of C. William ing Director, Physical Infrastructure Issues, General Swank, of Ohio, Ned L. Siegel, of Florida, Diane M. Accounting Office; Carol Murray, New Hampshire Ruebling, of California, and Samuel E. Ebbesen, of Department of Transportation, Concord; Kenneth the Virgin Islands, each to be a Member of the Morefield, Florida Department of Transportation, Board of Directors of the Overseas Private Invest- Tallahassee; Emily Wadhams, Vermont Department ment Corporation, Wendy Jean Chamberlin, of Vir- of Housing and Community Affairs, Montpelier; Hal ginia, to be an Assistant Administrator of the Kassoff, Parsons Brinckerhoff, Washington, D.C., on United States Agency for International Development, behalf of the American Council of Engineering Com- and Nancy P. Jacklin, of New York, to be United panies; and Charles Hales, HDR Inc., Portland, Or- States Executive Director of the International Mone- egon. tary Fund. Mr. Swank was introduced by Mr. September 19, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D957 Voinovich, and Mr. Siegel was introduced by Rep- forcement activities to protect consumers and busi- resentatives Wexler and Shaw. nesses and antitrust enforcement activities, after re- BUSINESS MEETING ceiving testimony from Charles A. James, Assistant Attorney General, Antitrust Division, Department of Committee on the Judiciary: Committee ordered favor- Justice; and Timothy J. Muris, Chairman, Federal ably reported the nominations of Ronald H. Clark, Trade Commission. to be United States District Judge for the Eastern District of Texas, Lawrence J. Block, of Virginia, to MEDICARE DISEASE MANAGEMENT be a Judge of the United States Court of Federal Claims, and Antonio Candia Amador, to be United Special Committee on Aging: Committee concluded States Marshal for the Eastern District of California. hearings to examine disease management programs Also, Committee began markup of S. 2480, to for Medicare patients, in order to improve the qual- amend title 18, United States Code, to exempt ity of medical care while controlling its costs, after qualified current and former law enforcement officers receiving testimony from Dan L. Crippen, Director, from state laws prohibiting the carrying of concealed Congressional Budget Office; Ruben J. King-Shaw, handguns, but did not take final action thereon, and Jr., Deputy Administrator and Chief Operating Offi- recessed subject to call. cer, Centers for Medicare and Medicaid Services, De- partment of Health and Human services; Sister An- ANTITRUST ENFORCEMENT OVERSIGHT thony Marie Greving, Area Agency on Aging, Poca- Committee on the Judiciary: Subcommittee on Anti- tello, Idaho; John Rusche, Regence Blue Shield of trust, Competition, and Business and Consumer Idaho, Lewiston; Alan Wright, AdvancePCS, Wash- Rights concluded oversight hearings to examine the ington, D.C.; and Matthew A. Michela, American enforcement of the antitrust laws, focusing on en- Healthways, Inc., Nashville, Tennessee. D958 CONGRESSIONAL RECORD — DAILY DIGEST September 19, 2002 House of Representatives present to the President, before September 30, 2002, Chamber Action legislation extending and strengthening the success- Measures Introduced: 19 public bills, H.R. ful 1996 welfare reforms by a yea-and-nay vote of 5409–5427; and 10 resolutions, H. Con. Res. 280 yeas to 123 nays, Roll No. 400. 472–476 and H. Res. 538–542, were introduced. Pages H6384–93, H6403 Pages H6417–19 Urging Congressional Action on Death Tax Re- Reports Filed: Reports were filed today as follows: peal: The House agreed to H. Res. 524, expressing Filed on Sept. 18, H.R. 2748, to authorize the es- the sense of the House that Congress should com- tablishment of a national database for purposes of plete action on the Permanent Death Tax Repeal Act identifying, locating, and cataloging the many me- of 2002 by a yea-and-nay vote of 242 yeas to 158 morials and permanent tributes to America’s vet- nays, Roll No. 401. Pages H6393–H6403, H6403–04 erans, amended (H. Rept. 107–662 Pt. 1); H.R. 5410, making appropriations for foreign op- Suspensions: The House agreed to suspend the rules erations, export financing, and related programs for and pass the following measures that were debated the fiscal year ending September 30, 2003 (H. Rept. on Sept. 18: 107–663); and S. 691, to direct the Secretary of Agriculture to Contributions of Historically Black Colleges and convey certain land in the Lake Tahoe Basin Man- Universities: H. Res. 523, recognizing the contribu- agement Unit, Nevada, to the Secretary of the Inte- tions of historically Black colleges and universities rior, in trust for the Washoe Indian Tribe of Nevada (agreed to by a yea-and-nay vote of 413 yeas with and California (H. Rept. 107–664). Page H6417 none voting ‘‘nay’’, Roll No. 399; and Pages H6383–84 Guest Chaplain: The prayer was offered by Rev. Dr. Paul Smith, Senior Minister, First Presbyterian Achievements and Contributions of the Negro Church of Brooklyn, New York. Page H6375 Baseball Leagues: H. Con. Res. 337, recognizing Journal Vote: Agreed to the Speaker’s approval of the teams and players of the Negro Baseball Leagues the Journal of Wednesday, Sept. 19 by a yea-and-nay for their achievements, dedication, sacrifices, and vote of 329 yeas to 53 nays with 1 voting ‘‘present’’, contributions to baseball and the Nation (agreed to Roll No. 396. Page H6376 by a yea-and-nay vote of 394 yeas with none voting ‘‘nay’’, Roll No. 402). Pages H6404–05 Rule Providing for Consideration of Resolutions Urging Congressional Action: The House agreed Motion to Instruct Conferees—Help America to H. Res. 527, providing for consideration of (H. Vote Act: The House agreed to the Waters motion Res. 524) expressing the sense of the House that to instruct conferees on H.R. 3295, Help America Congress should complete action on the Permanent Vote Act, to take such actions as may be appropriate Death Tax Repeal Act of 2002, and for consideration to ensure that a conference report is filed on the bill of the resolution (H. Res. 525) expressing the sense prior to October 1, 2002, by a yea-and-nay vote of of the House of Representatives that the 107th Con- 365 yeas to 26 nays, Roll No. 403. The motion was gress should complete action on and present to the debated on Wednesday, Sept. 18. Page H6405 President, before September 30, 2002, legislation extending and strengthening the successful 1996 wel- Late Report—State Department Authorization: fare reforms by a recorded vote of 213 ayes to 200 Conferees received permission to have until midnight noes, Roll No. 398. Agreed to order the previous on Monday, Sept. 23 to file a conference report on question by a yea-and-nay vote of 214 yeas to 202 H.R. 1646, to authorize appropriations for the De- nays, Roll No. 397. Pages H6376–83 partment of State for fiscal years 2002 and 2003. Page H6406 Urging Congressional Action on Welfare Re- form: The House agreed to H. Res. 525, expressing Legislative Program for the Week of Sept. 23: the sense of the House of Representatives that the The Majority Leader announced the legislative pro- 107th Congress should complete action on and gram for the week of Sept. 23. Pages H6406–07 September 19, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D959 Meeting Hour—Monday, Sept. 23: Agreed that when the House adjourns today, it adjourn to meet Committee Meetings at 2 p.m. on Monday, Sept. 23. Page H6407 IRAQ’S WEAPONS OF MASS DESTRUCTION Meeting Hour—Tuesday, Sept. 24: Agreed that PROGRAM AND TECHNOLOGY EXPORTS when the House adjourns on Monday, it adjourn to Committee on Armed Services: Held a hearing on Iraq’s meet at 12:30 p.m. on Tuesday, Sept. 24 for morn- Weapons of Mass Destruction Program and Tech- ing hour debate. Page H6407 nology Exports. Testimony was heard from public Calendar Wednesday:Agreed to dispense with the witnesses. Calendar Wednesday business of Wednesday, Sept. 21ST CENTURY—BLACK COLLEGES AND 25. Page H6407 UNIVERSITIES NEEDS Presidential Messages: Read the following mes- Committee on Education and the Workforce: Sub- sages from the President: committee on 21st Century Competitiveness and the Continuation of National Emergency re Terror- Subcommittee on Select Education held a joint hear- ists: Message wherein he transmitted a notice stating ing on Responding to the Needs of Historically that the national emergency with respect to persons Black Colleges and Universities in the 21st Century. who commit, threaten to commit, or support ter- Testimony was heard frompublic witnesses. rorism is to continue in effect beyond September 23, ISSUANCE OF SUBPOENAS 2002—referred to the Committee on International Relations and ordered printed (H. Doc. 107–263); Committee on Energy and Commerce: Subcommittee on and Page H6407 Oversight and Investigations approved a resolution that the Chairman of the full Committee with the National Emergency re Terrorists: Message concurrence of the Ranking Minority member may wherein he transmitted the 6-month periodic report authorize and issue subpoenas to testify and sub- on the national emergency with respect to persons poena duces tecum to any person or entity in respect who commit, threaten to commit, or support ter- of matters involved in, relating to, or arising from rorism that was declared in Executive Order 13224 the Committees investigation of Global Crossing of September 23, 2002—referred to the Committee Ltd., Quest, and related entities. on International Relations and ordered printed (H. Doc. 107–264). Page H6408 TERRORIST FINANCING—USA PATRIOT ACT IMPLEMENTATION Discharge Petition—Access to Affordable Phar- maceuticals: Representative Thurman moved to dis- Committee on Financial Services: Held a hearing enti- charge the Committee on Rules from the consider- tled ‘‘Terrorist Financing: A Progress Report on Im- ation of H. Res. 517, providing for consideration of plementation of the USA PATRIOT Act.’’ Testi- the bill (H.R. 1862) to amend the Federal Food, mony was heard from Robert S. Mueller, Director, Drug, and Cosmetic Act to provide greater access to FBI, Department of Justice; Kenneth Dam, Deputy affordable pharmaceuticals. Page H6420 Secretary, Department of the Treasury and Alan Larson, Under Secretary, Economic and Agricultural Senate Message: Message received from the Senate Affairs, Department of State. today appears on page H6375. ECSTASY AND CLUB DRUGS—THREAT TO Referrals: S. 1308 was referred to the Committee on NATION’S YOUTH Resources. S. 2127 was held at the desk. Page H6416 Committee on Government Reform: Subcommittee on Quorum Calls—Votes: Seven yea-and-nay votes and Criminal Justice, Drug Policy and Human Resources one recorded vote developed during the proceedings held a hearing on ‘‘Ecstasy and Club Drugs: A of the House today and appear on pages H6376, Growing Threat to the Nation’s Youth.’’ Testimony H6382–83, H6383, H6384, H6403, H6404, was heard from Asa Hutchinson, Administrator, H6404–05, and H6405. There were no quorum DEA, Department of Justice; Glen R. Hanson, calls. D.D.S., Acting Director, National Institute on Drug Adjournment: The House met at 10 a.m. and ad- Abuse, NIH, Department of Health and Human journed at 5:06 p.m. Services; and public witnesses. D960 CONGRESSIONAL RECORD — DAILY DIGEST September 19, 2002 SWANCC DECISION—AGENCY DEPARTMENT OF VETERANS AFFAIRS— IMPLEMENTATION MEDICAL RESEARCH PROGRAMS Committee on Government Reform: Subcommittee on Committee on Veterans’ Affairs: Subcommittee on Over- Energy Policy, Natural Resources and Regulatory sight and Investigations held a hearing on the De- Affairs, hearing on ‘‘Agency Implementation of the partment of Veterans Affairs medical research pro- SWANCC Decision.’’ Testimony was heard from grams. Testimony was heard from Benjamin H. Wu, Dominic Izzo, Deputy Assistant Secretary, Civil Deputy Under Secretary, Technology, Department of Works, Department of the Army; Robert Fabricant, Commerce; the following officials of the. Depart- General Counsel, EPA; Thomas Sansonetti, Assistant ment of Veterans Affairs: Robert H. Roswell, Under Attorney General, Environment and Natural Re- Secretary, Health; and Michael Slachta, Jr., Assistant sources, Department of Justice; and public witnesses. Inspector General, Audit; Cynthia Bascetta, Director, Veterans’ Health and Benefits Issues, GAO; and PERFORMANCE RESULTS—LINKING public witnesses. PROGRAM FUNDING Committee on Government Reform: Subcommittee on SOCIAL SECURITY NUMBERS— Government Efficiency, Financial Management and PREVENTING MISUSE BY TERRORISTS AND Intergovernmental Relations and the Subcommittee IDENTITY THIEVES on Legislative and Budget Process of the Committee Committee on Ways and Means: Subcommittee on So- on Rules held a joint oversight hearing entitled cial Security and the Subcommittee on Immigration, ‘‘Linking Program Funding to Performance Results.’’ Boarder Security, and Claims of the Committee on Testimony was heard from Mitchell E. Daniels, Jr., the Judiciary held a joint hearing on Preserving the Director, OMB; David M. Walker, Comptroller Integrity of Social Security Numbers and Preventing General, GAO; and public witnesses. Their Misuse by Terrorists and Identity Thieves. U.S. POLICY TOWARD IRAQ Testimony was heard from the following officials of the SSA: James B. Lockhart III, Deputy Commis- Committee on International Relations: Held a hearing on sioner; and James G. Huse, Jr., Inspector General; U.S. Policy Toward Iraq. Testimony was heard from Charisse Phillips, Director, Fraud Prevention Pro- Colin L. Powell, Secretary of State; and public wit- grams, Bureau of Consular Affairs, Department of nesses. State; Robert Bond, Deputy Special Agent in PLANT BREEDERS EQUITY ACT Charge, Financial Crimes Division, U.S. Secret Serv- ice, Department of the Treasury; Grant D. Ashley, Committee on the Judiciary: Subcommittee on Courts, Assistant Director, Criminal Investigative Division, the Internet, and Intellectual Property held a hearing FBI, Department of Justice; and public witnesses. on H.R. 5119, Plant Breeders Equity Act of 2002. Testimony was heard fromJames A. Toupin, General Counsel, U.S. Patent and Trademark Office, Depart- Joint Meetings ment of Commerce; and public witnesses. 9/11 INTELLIGENCE INVESTIGATION FEDERAL FARM PROGRAM Joint Hearing: Senate Select Committee on Intel- Committee on Small Business: Subcommittee on Regu- ligence held joint hearings with the House Perma- latory Reform and Oversight held a hearing entitled nent Select Committee on Intelligence to examine ‘‘Federal Farm Program: Unintended Consequences activities of the U.S. Intelligence Community in of FAV Rules.’’ Testimony was heard from public connection with the September 11, 2001 terrorist at- witnesses. tacks on the United States, after receiving testimony from Richard Lee Armitage, Deputy Secretary of SURFACE TRANSPORTATION PROGRAMS State; Paul D. Wolfowitz, of Maryland, Deputy Sec- REAUTHORIZATION retary of Defense; and Brent Scowcroft, Scowcroft Committee on Transportation and Infrastructure: Sub- Group, Anthony Lake, Georgetown University committee on Highways and Transit held a hearing School of Foreign Service, Samuel Berger, on Stakeholder Proposals for the Reauthorization of Stonebridge International, all of Washington, D.C., Surface Transportation Programs. Testimony was each a former National Security Advisor. heard from public witnesses. Hearings continue tomorrow. September 19, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D961 ENERGY POLICY ACT ligence to examine events surrounding September 11, Conferees met to resolve the differences between the 2001, 10 a.m., SH–216. Senate and House passed versions of H.R. 4, to enhance energy conservation, research and development House and to provide for security and diversity in the en- Committee on Government Reform, Subcommittee on the ergy supply for the American people, but did not District of Columbia, hearing on Emergency Preparedness complete action thereon, and recessed subject to call. in the Nation’s Capital, and to mark up H.R. 5205, to f amend the District of Columbia Retirement Protection Act of 1997 to permit the Secretary of the Treasury to NEW PUBLIC LAWS use estimated amounts in determining the service lon- (For last listing of Public Laws, see DAILY DIGEST, p. D882) gevity component of the Federal benefit payment required H.R. 5012, to amend the John F. Kennedy Center to be paid under such Act to certain retirees of the Met- Act to authorize the Secretary of Transportation to ropolitan Police Department of the District of Columbia, carry out a project for construction of a plaza adja- 10 a.m., 2154 Rayburn. cent to the John F. Kennedy Center for the Per- forming Arts. Signed on September 18, 2002. (Pub- Joint Meetings lic Law 107–224) Joint Meetings: Senate Select Committee on Intelligence, f to continue joint hearings with the House Permanent Se- COMMITTEE MEETINGS FOR FRIDAY, lect Committee on Intelligence to examine events sur- SEPTEMBER 20, 2002 rounding September 11, 2001, 10 a.m., SH–216. (Committee meetings are open unless otherwise indicated) Senate Select Committee on Intelligence: to continue joint hearings with the House Permanent Select Committee on Intel- D962 CONGRESSIONAL RECORD — DAILY DIGEST September 19, 2002

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, September 20 2 p.m., Monday, September 23

Senate Chamber House Chamber Program for Friday: After the transaction of any morn- Program for Monday: Pro forma session. ing business (not to extend beyond 10:30 a.m.), Senate will consider the nomination of Reena Raggi, of New York, to be United States Circuit Judge for the Second Circuit, with a vote to occur thereon; following which, Senate will be in a period of morning business.

Extensions of Remarks, as inserted in this issue

HOUSE Holt, Rush D., N.J., E1644 Myrick, Sue Wilkins, N.C., E1644 Hoyer, Steny H., Md., E1611, E1652 Napolitano, Grace F., Calif., E1646 Ackerman, Gary L., N.Y., E1608 Isakson, Johnny, Ga., E1635 Otter, C.L. ‘‘Butch’’, Idaho, E1644 Baird, Brian, Wash., E1637 Issa, Darrell E., Calif., E1617, E1643 Pallone, Frank, Jr., N.J., E1618 Barcia, James A., Mich., E1654 Johnson, Timothy V., Ill., E1644 Pickering, Charles W. ‘‘Chip’’, Miss., E1637 Bereuter, Doug, Nebr., E1641 Kirk, Mark Steven, Ill., E1646 Pitts, Joseph R., Pa., E1619, E1650 Berman, Howard L., Calif., E1659 Kleczka, Gerald D., Wisc., E1605 Reyes, Silvestre, Tex., E1659 Blunt, Roy, Mo., E1646 Knollenberg, Joe, Mich., E1635, E1641 Capito, Shelley Moore, W.Va., E1606 Lantos, Tom, Calif., E1611, E1659 Rothman, Steven R., N.J., E1657 Capps, Lois, Calif., E1624, E1628, E1633 Larson, John B., Conn., E1652 Schaffer, Bob, Colo., E1633, E1639 Chambliss, Saxby, Ga., E1629, E1633 Leach, James A., Iowa, E1652, E1657 Sherwood, Don, Pa., E1614 Clement, Bob, Tenn., E1641 Lee, Barbara, Calif., E1650 Shimkus, John, Ill., E1643 Collins, Mac, Ga., E1637 Levin, Sander M., Mich., E1655 Shuster, Bill, Pa., E1614 Coyne, William J., Pa., E1654 Lewis, John, Ga., E1650 Skelton, Ike, Mo., E1608 Crane, Philip M., Ill., E1613 McCollum, Betty, Minn., E1617 Smith, Christopher H., N.J., E1641 Davis, Tom, Va., E1628, E1629 McGovern, James P., Mass., E1648 Solis, Hilda L., Calif., E1646 Dooley, Calvin M., Calif., E1659 McInnis, Scott, Colo., E1623, E1626, E1628, E1631, Stark, Fortney Pete, Calif., E1648 Evans, Lane, Ill., E1617 E1635 Stearns, Cliff, Fla., E1637 Fattah, Chaka, Pa., E1621 Maloney, Carolyn B., N.Y., E1639 Stenholm, Charles W., Tex., E1643 Fletcher, Ernie, Ky., E1644 Maloney, James H., Conn., E1648 Frank, Barney, Mass., E1606 Mascara, Frank, Pa., E1648 Towns, Edolphus, N.Y., E1639 Gilman, Benjamin A., N.Y., E1620 Meek, Carrie P., Fla., E1655 Udall, Mark, Colo., E1624, E1626, E1629 Gordon, Bart, Tenn., E1631, E1637 Millender-McDonald, Juanita, Calif., E1622 Underwood, Robert A., Guam, E1655 Hall, Ralph M., Tex., E1624, E1626, E1631 Miller, Gary G., Calif., E1631, E1635 Weldon, Curt, Pa., E1644 Hart, Melissa A., Pa., E1657 Moran, James P., Va., E1641 Woolsey, Lynn C., Calif., E1614 Hill, Baron P., Ind., E1608 Morella, Constance A., Md., E1644 Young, C.W. Bill, Fla., E1606

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