Senate Section

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

Vol. 147 WASHINGTON, THURSDAY, APRIL 26, 2001 No. 54 Senate The Senate met at 10 a.m. and was RECOGNITION OF THE ACTING of compromise, and he is going to have called to order by the Honorable MAJORITY LEADER to compromise some of his positions. GEORGE ALLEN, a Senator from the The ACTING PRESIDENT pro tem- We will also have to compromise some State of Virginia. pore. The Senator from Oklahoma, the of ours. This is the beginning of, I acting majority leader, Mr. NICKLES, is hope, some productivity in the Con- PRAYER recognized. gress. The guest Chaplain, Rev. Monte f I think we did our job yesterday by Frohm, of Good Shepherd Lutheran passing by a 99–0 vote the brownfields Church, Reston, VA, offered the fol- SCHEDULE bill from the Environment and Public lowing prayer: Mr. NICKLES. Mr. President, today Works Committee. I hope this is the Merciful Father, You are the source we will be in a period of morning busi- beginning of a very productive session of all authority and power. You hold in ness until 11 a.m. Following morning of Congress. Your hand all the nations of the world, business, it is hoped that the Senate Mr. NICKLES. Mr. President, I appre- including our own beloved United can begin consideration of S. 149, the ciate my colleague’s comments. I have States of America. You have ordained Export Administration Act. Senators always enjoyed working with Senator interested in this legislation are en- the powers that be for the punishment REID. I think this can be a very produc- of evildoers and for the praise of them couraged to be present on the floor at tive month. This can be a month that that act rightly. 11 a.m. we finish the budget and the tax bill, We humbly beg You to so guide the In addition, negotiations are con- and we can finish the education bill. It men and women of this Senate, that tinuing on the education bill, and con- is a month in which we can accomplish they might in due modesty and with sideration of that bill is expected in a lot for the American people that will undying hope pursue Your gracious the not too distant future. As an- make a difference in their lives and in will and purpose. Enlighten them with nounced, there will be no session of the their paychecks. Your vision for our Nation, equip them Senate on Friday. with Your strength, instill in them a I thank my colleagues for their at- A lot of times people wonder what do spirit of integrity that mirrors Your tention. we do and are there real results and are truth, and grant them patience in well The ACTING PRESIDENT pro tem- there real differences in what we do. doing that reflects Your long-suffering pore. The Senator from Nevada is rec- Considering the education bill and tax mercy. ognized. measures pending, we can make a lot of May their labors yield a nation that Mr. REID. Mr. President, I want to difference, whether you are talking is marked by justice and peace, right- mention that I am glad we are going to about the marriage penalty or a $500 eousness and unity, gratitude and attempt to get to the Export Adminis- tax credit per child, cutting taxes hope. As each of us is created in Your tration Act. I think that is what it is across the board, reforming education, image, so let our common life reflect called. It is a very important measure. giving more power to parents and Your glory. Senator GRAHAM and I worked with teachers. We can do all that this O Lord, our troubles are many, but Senator ENZI and other Senators trying month. By Memorial Day, we can have Your strength is great. Our fears con- to get that considered last year and we great, significant accomplishments by found us, but Your promise gives hope. were unable to do that. I was happy to working together. I look forward to Our sins are many, but Your mercy is see in today’s press—and I only read working with my friend and colleague deep. Leave us not to our own devices, the Washington Post, and that may not from Nevada. but work Your gracious purpose be the best paper to read, but I read I suggest the absence of a quorum. through us, to the glory of Your holy it—the indication that President Bush The ACTING PRESIDENT pro tem- name. Amen. expressed in statements to the press pore. The clerk will call the roll. several times yesterday that he was f The assistant legislative clerk pro- going to have to work with us, com- ceeded to call the roll. PLEDGE OF ALLEGIANCE promise on taxes and education. Mr. FRIST. Mr. President, I ask The Honorable GEORGE ALLEN led the I say this because I don’t think it unanimous consent that the order for Pledge of Allegiance, as follows: shows a sign of weakness of the Presi- the quorum call be rescinded. I pledge allegiance to the Flag of the dent. I think it shows a maturity he United States of America, and to the Repub- knows—of course, because he worked The ACTING PRESIDENT pro tem- lic for which it stands, one nation under God, with the Texas Legislature for 6 years pore. Without objection, it is so or- indivisible, with liberty and justice for all. as Governor—that legislation is the art dered.

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

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VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3934 CONGRESSIONAL RECORD — SENATE April 26, 2001 RESERVATION OF LEADER TIME buildings. Society has changed. The Through the bipartisan working groups The ACTING PRESIDENT pro tem- challenges before us have changed. Our that have been very actively involved pore. Under the previous order, the responsibility is to look at the last 35 over the last 2 months, that account- leadership time is reserved. years and address what has not worked ability can be strengthened. We need to and, through debate, hearings, and dis- reward schools that are performing f cussions, come forth with a policy that well. If schools are not doing well, we MORNING BUSINESS will reverse the trend of an achieve- will have to give them the tools, the ment level that is flat. No net results equipment, the resources, and the The ACTING PRESIDENT pro tem- after an increase in attention and after chance to do better. When they repeat- pore. Under the previous order, there an increase of dollars is not an accept- edly fail, year after year after year and will now be a period for the transaction able outcome. if a child is locked into such a school, of morning business not to extend be- From both sides of the aisle, we have at some point we have to reconstitute yond the hour of 11 a.m., with Senators heard over the last several days—and that school or give the parents the op- permitted to speak therein for up to 10 very appropriately so—applause for portunity to take their child out of minutes each. President Bush’s first 100 days. Edu- that failing environment that society Under the previous order, the time cation is his No. 1 policy priority. We has created and put them in an envi- until 10:30 a.m. shall be under the con- have made significant progress on tax ronment where they have a real chance trol of the Senator from Wyoming, Mr. relief, spending, and a number of mili- to learn. THOMAS, or his designee. tary and defense issues. Students in persistently failing The Senator from Tennessee. Now we come back to what is most schools should not be trapped there. f important to the United States of They are trapped today. We need to do something about it. We have not been EDUCATION America—where we are today and where we want to be 5 years from now, able to do anything about it in 30 or 35 years. The failure is in part because of Mr. FRIST. Mr. President, I rise to 10 years from now, 20 years from now in Federal involvement. It is in part a speak briefly this morning on an issue what is becoming a smaller and small- failure of the current system. We need about which we have heard a lot in the er world. to change the system. That means last few days and in which a number of The President’s top priority is edu- make sure kids learn, with account- us have participated diligently over the cation. We have heard it from all sides; ability. No. 2, give parents a choice. last several months. The subject is edu- we have seen it in the newspapers and No. 3, let’s proceed with reform. cation, kindergarten through 12th other media; and we have said it our- grade, a period of time which, as we all No longer can people sit back and selves on the campaign trail. But the say: here is the system of 760 programs, know, in large part determines how message really comes from the words successful one is later in life—how well let’s pour more money into that sys- of President George W. Bush, and that tem and we will be OK. We know that equipped one is to deal with challenges is ‘‘to leave no child behind.’’ When in an increasingly challenging world. will not work. Therefore, we have to you say ‘‘leave no child behind,’’ you have reform. We have to have mod- This important issue has caused look at an individual and wonder how, ernization of that system. many of us to reflect over the last sev- in spite of 20, 50, 100, 150, 200 programs, The good news is Democrats and Re- eral years on what has been accom- all well intended, coming out of a Con- publicans together and from a policy plished in the last 35 years with Fed- gress that says here is another good standpoint understand what mod- eral intervention in education. What program to address a particular prob- ernization means today. It means flexi- we have found, for the most part, is lem, we fall short. In spite of hundreds bility, knowing what works and what that in spite of major expenditures by of different federal education pro- doesn’t work, taking what works and the Federal government—a small frac- grams, and in spite of $120 billion spent putting it on a pedestal and supporting tion of what is spent across the coun- in a single program, title I, we con- it. Yes, that means financially. More try but a huge and growing investment, tinue to fail. money will be put in education. We to the tune, in just one program, title Leaving no child behind means we heard the President of the United I, of about $120 billion focused on dis- probably have to change our targeting. States say again and again and again advantaged children—the results have Many of us believe we should channel over the last several days, especially as been disappointing. increased resources to the child who is we are at the negotiating table, that he They have been disappointing to Re- disadvantaged, to raise that child’s is willing to put more money than has publicans, Independents, and Demo- performance. That has not been pos- been put into education last year or crats. They are disappointing because sible from a political standpoint. the year before that or the year before through careful study, through careful In leaving no child behind, the solu- that. This President will invest in edu- documentation, people have come to tion means we should focus on the cation if we agree to link it to reform, realize that we have not succeeded. By child. We do not focus on bureaucracy. to modernization, to flexibility, to ac- practically every single measurement, We focus on the child. We do not focus countability, to having some element the results have been flat. on more money for still another pro- of parental involvement. Nobody cares Some people say that is a good re- gram. That has been tried again and more about that individual child than sult; we could have gotten worse. again. It means we need to make sure the parents. But there is no reason in a time of the child, the individual, learns. Global competition is one of the rea- economic prosperity and increasing Right now, we have testing and some sons we can stand up and say we are prominence of the United States in the general accountability measures. Peo- failing today in spite of our good inten- world order—we are the superpower— ple argue passionately about national tions, in spite of teachers who are for results to be flat when billions of standards, State standards, and local working hard, getting up each morn- dollars are being expended. standards. That needs to be debated. ing, teaching all day, preparing When we peel away the layers and But for 35 years we never said of the through the night and working sum- look at the results, we see growing child: we will follow you over time so mers to become even better teachers. achievement gaps between the served we can determine whether you are fail- In spite of their best efforts, we are and underserved; between those finan- ing, staying the same, or progressing failing. The National Assessment of cially well off and those less finan- and, based on that, determine the prop- Educational Progress, NAEP, is the cially well off; between minority and er action for this body. only test using an accurate and careful non-minority. However one looks at We need to make sure kids learn. statistical sampling from a cross-sec- the achievement gap over the last 35 That will require increased account- tion study across the country of what years, it has deteriorated; it has gotten ability. happens at a certain point in time in worse. How do we do that? The bill that will various States and various school dis- The subject is complex. It is hard. It be put forward and marked up in the tricts. It is also longitudinal, com- is not a matter of just more money, Health Education Committee, the paring what happens after 1 year to 3 smaller class size, or better school BEST bill, is strong on accountability. years to 5 years to 10 years later.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3935 A recent NAEP study confirmed that I suggest the absence of a quorum. sanctioned. They will be held account- our current education system is not The ACTING PRESIDENT pro tem- able. That is something basic. It is working. The statistics, the data, are pore. The clerk will please call the roll. something we do in our homes. It is very accurate. As a scientist and some- The assistant legislative clerk pro- something we do in our small busi- one who depends on statistics, I am ceeded to call the roll. nesses. We do it in our everyday lives. convinced it is good data. The data Mr. FRIST. Mr. President, I ask But when it comes to government, for show that the achievement gap is not unanimous consent the order for the some reason for the last 35 years we closing, but continues to widen. quorum call be dispensed with and that have not done it. Now is the time to do I am hopeful we can address the issue I be yielded 10 minutes or until a Sen- it. And we are going to do it. of education now or next week in a way ator arrives, at which time I will yield The parents will have new informa- that links that policy to the debate we the floor. tion on how their children are pro- are talking about, which is how much The ACTING PRESIDENT pro tem- gressing. They will no longer be lim- more money it will take to succeed. pore. Without objection, it is so or- ited to just assessing at night and talk- The NAEP uses four levels of dered. The Senator from Tennessee. ing to their child, or talking to other achievement. They are: advanced, pro- Mr. FRIST. Mr. President, I rise once parents at night. That will continue, of ficient, basic, and below basic. You can again to continue remarks from a few course, but parents will know much track each of these. Looking at the minutes ago on education, and I will do more about whether the schools are below basic category is fascinating. so until another Senator arrives to succeeding. For the first time, assess- Take one element, such as reading. In speak. I want to take a moment to ments can be compared across commu- the below basic level, for the most bring my colleagues up to date on the nities and States, and across the U.S. part, too many students simply cannot underlying bill that came out of the and even to other countries. Parents read. Mr. President, 37 percent of those Committee on Health, Education, will know that their schools are being tested scored below basic. Even more Labor, and Pensions. It is a bill called held accountable as well. Parental involvement is crucial, we disturbing is the fact that 63 percent— BEST—I mentioned it earlier—the Bet- ter Education for Students and Teach- can do a lot here in Washington, DC, in almost two-thirds of black fourth grad- this great Capital and this great body, ers, 58 percent of Hispanics, 47 percent ers Act. It is a bill we debated in the Committee and most probably will be but ultimately it has to be the millions of students in urban areas, and 60 per- of parents who are out there holding the bill that is brought forward once cent of poor children—scored below accountable the schools, the teachers, we make further progress in discus- basic. That means they cannot read. the school districts, and the local gov- sions on the appropriate amount of Secretary Paige—a wonderful lead- ernments. er—articulates through his experience money to invest. There are going to be annual State what is happening on the ground: This particular bill, which will be reading and math assessments for ‘‘After spending $125 billion of title I modified and debated and discussed on grades three through eight. That is money over 25 years, we have virtually the floor, has four principles about something I feel very strongly about. nothing to show for it.’’ which I want to briefly comment. What Two, the BEST bill focuses on what The data also show how well we are it does, is to embody what President works. Federal dollars will be spent on performing internationally. Look at Bush has focused on and that is this effective research-based programs and math and science. I have a junior in very important belief, fundamental be- practices. Funds will be targeted to im- high school; so we are thinking about lief, that enterprise works best when prove schools and enhance teacher college. As a physician, math and authority and responsibility are quality. science are two fields that mean a lot aligned. Good results occur when re- That ultimate goal has to be to have to me as we predict how well prepared sponsibilities are accompanied by lati- a student and a classroom that is safe people will be in this new economy tude and flexibility so that judgments and drug free, but with a good teacher fueled by technology and dissemina- can be made on information that is at the head. Therefore, the ‘‘t’’ in the tion of information. In math and available and when those who are re- BEST bill means teachers. And the science, we are not first in the world. sponsible for teaching, for making de- focus will be on teachers. We are not fifth in the world. We are cisions for education, for leaving no Third, the BEST bill will also reduce not tenth in the world. We are not fif- child behind, are held accountable. bureaucracy and increase flexibility. teenth in the world. The United States Those principles are very simple. They Additional flexibility will be provided of America is seventeenth in math and link innovation responsibility, flexi- to States and school districts, and eighteenth in science. bility, and results. flexible funding will be increased at the What does that say as we go out and The BEST bill has four components local level. compete in this global economy for to it. No. 1, it will increase account- Finally, this bill will empower par- jobs, for economic growth? ability for student performance. It is ents. Parents don’t now have the infor- We have a wonderful opportunity to just remarkable, I believe, and it is im- mation to be able to either hold go forward under the leadership of portant for our colleagues to under- schools accountable or make decisions. President George W. Bush. He has put stand and people around the country to They will be given that information on the table a very clear agenda that understand, that we as a government about the quality of their child’s stresses accountability; an agenda that are investing taxpayer money without progress and their child’s school. Stu- dents in persistently low-performing focuses on what works; an agenda that demanding accountability—no meas- schools will be provided options so that will reduce the redtape and bureauc- urement, no results, are required. We they are not locked in a bad school. racy that is handcuffing our teachers; are pouring money into a system and It is important as we go forward to and an agenda that will increase flexi- we don’t know if it works. As I men- understand what the underlying bill is. bility and local control. It is an agenda tioned earlier the data that has come It is a sweeping introduction of the where needs can be identified locally out this morning shows the current four principles: accountability, focus- and an agenda that empowers parents. system does not work. ing on what works, reducing bureauc- I very much appreciate the oppor- First and foremost, accountability: racy and increasing flexibility, and em- tunity to participate in this discussion. States and school districts and schools powering parents. I am hopeful we will be able to turn to that improve achievement that elimi- I look forward to discussing that in the bill next week. It means at the end nate or narrow that achievement gap greater detail as we, hopefully, get to of 2 weeks from now we can have a bill which we know is getting worse those this bill next week. I think the BEST that will engage in a major moderniza- entities, will be praised, will be re- bill is a great start for what we all tion of education, where we truly can warded in the underlying bill. want, and that is to leave no child be- say that the United States of America The flip side of that is those schools hind. has stepped up to that big challenge, and those districts and even those Mr. President, I yield the floor. that challenge of leaving no child be- States that continue to fail after they The ACTING PRESIDENT pro tem- hind. receive new resources and a fair clause pore. The Senator from Connecticut is I yield the floor. to show progress—they will then be recognized.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3936 CONGRESSIONAL RECORD — SENATE April 26, 2001 CLIMATE CHANGE havior. Remember the old Pogo car- good Earth that the Good Lord gave us. Mr. LIEBERMAN. Mr. President, I toon: We have met the enemy and it is We are visitors here, temporary visi- rise today to speak with colleagues us. That is, unfortunately, the case tors. We have an obligation to act not about global warming, which quite lit- with global warming. Let me quote the only as good visitors but as trustees of erally is a cloud that is looming on our scientists in the report directly. the planet for those countless genera- horizon. As many have feared, there is There is new and stronger evidence that tions that will follow. evidence that this cloud has recently most of the warming observed over the last Science is giving us a warning. We all grown darker and more ominous. 50 years is attributable to human activities. ought to put ideology aside and figure Over the last few months, in fact, the Human beings have added more than out a way to cooperate to respond to United Nation’s Intergovernmental 3 billion metric tons of carbon to the that warning, to protect the planet and Panel on Climate Change released its atmosphere every year for the past two those who will follow us on it. Doing so third report on global warming. This decades. In fact, the current levels of will require two things. One is global report was authored by over 700 expert carbon dioxide are likely the highest leadership, and the other is a shared ef- scientists. Their conclusions, I am they have been in 20 million years of fort to change the source of the prob- afraid, offer convincing evidence of a history. lems and deal with them through tech- planet in distress, one that is slowly In the face of this mounting evi- nology and through cooperative effort. overheating with very serious—some dence, what have we done? I am afraid In the clear absence of Presidential would say disastrous but certainly very we have a statement from President action thus far, we in the Senate, I am serious—consequences for those who Bush saying that he ‘‘takes the issue of pleased to say, have begun to provide will follow us on this Earth. global warming very seriously.’’ But, some leadership on this issue. Just be- According to these scientific experts, unfortunately, thus far the acts that fore the recess, we passed an amend- unless we find ways to stop global have followed that statement do not ment to the budget resolution that re- warming, the Earth’s average tempera- match the statement. established funding for all climate ture can be expected to rise between 2.5 I am afraid the only global cooling change programs throughout our Gov- and 10.4 degrees Fahrenheit during this that will occur under this administra- ernment, including funding for energy next 100 years. Such a large rapid rise tion is the cooling of our foreign rela- efficiency programs, funding for pro- in temperature will profoundly affect tions with countries around the world, grams to encourage emissions reduc- the Earth’s landscape in very real and including some of our foremost allies tions in developing countries, and the consequential terms. Sea levels could who are very anxious to work with us funding for full and adequate participa- swell enormously, potentially sub- to do something about global warming. tion in international negotiations. merging literally millions of homes Last month the administration unilat- I hope President Bush and others in and coastal properties under our erally announced, without consultation the administration will take note of present day oceans. Precipitation with Congress, and apparently without the Senate’s concern about climate would become more erratic, leading to consultation with our allies or others change, represented by this amend- droughts that would make hunger an around the world, that it had ‘‘no in- ment, and join with us in taking action even more serious global problem than terest in implementing’’ the Kyoto on this problem. There have been some it is today. Diseases such as malaria Protocol. In doing so, the administra- strong voices within the administra- and dengue fever would spread at an tion did not just back away from tion that clearly understand the di- accelerated pace. Several weather dis- America’s signature on an inter- mensions of the problem and want to turbances and storms triggered by cli- national agreement. They backed away work to be leaders in dealing with it. I mate phenomena, such as El Nino, from the process that resulted in the am speaking of the Secretary of the would be aggravated by global warming accord, and that action not only under- Treasury, Mr. O’Neill, and the Admin- and become, I am afraid, more routine. mines our global environment but it istrator of the EPA, Ms. Whitman. Unfortunately, that is not the first also undermines our credibility with The alarming conclusions of the U.N. time we have heard such disconcerting our allies. scientists’ report should be of concern predictions, which in their way are so This is one issue that is so serious to all of us. Global warming is most de- extreme that they may be hard for and will so profoundly affect the lives cidedly not a partisan issue; it is a some to believe, although I find as I go of our children and grandchildren and human problem. It is a problem for all around my State and on occasion those who follow us here on Earth that of us who inhabit the Earth. Neither around the country that the public is we ought to be at the head as the party wants to allow the apocalyptic ahead of their political leadership on greatest nation in the world of inter- future projected by the scientists’ re- this issue—at least a lot of the polit- national efforts to stop this problem, port. The evidence is compelling. Our ical leadership. The public has been to deal with it, and not be viewed by planet is, in fact, slowly overheating. reading these reports and understands most of the rest of the world as loners So now we have to join together across that something is happening with the going our own way not listening to party lines and international borders weather that will affect life on this science experts and not acting respon- and agree to act. This is a challenge be- planet unless we do something about sibly. cause we are talking about a problem it. I am afraid the Bush administration whose beginnings we can see now but For years, scores of scientists from has also walked away from its chief do- whose worst effects will probably, throughout the world have issued mestic initiative on climate change, hopefully, not be felt until some years warning after warning attesting to the which was a very hopeful initiative, have passed. harmful effect of increasing amounts of when it reversed the President’s cam- So this requires leadership—political carbon dioxide and other greenhouse paign pledge to adopt a market-based leadership—to avoid a problem whose gases. While it is true that there have trading mechanism regulation of car- worst effects most of us will not experi- been some efforts to curb the release of bon dioxide emissions from power- ence in our lifetimes, but it is the re- these gases, I am afraid we have spent plants. Those emissions account for up sponsible thing to do to take such ac- a lot more time debating the credi- to 40 percent of our Nation’s carbon di- tion. bility of the warnings than doing some- oxide emissions and 10 percent—one- Kyoto set a framework. I was at thing about them. tenth—of the global carbon dioxide Kyoto when that agreement was nego- Truly, this new data does not end the emissions at this point coming from tiated. It is not a perfect document by serious debate about whether global American powerplants. far. But considering the fact that we warming is a fact. This most recent We have to take firm and decisive ac- were dealing with so many of the na- scientific report is the most advanced tion—we ought to be taking it to- tions of the world, approaching this study we have had on the subject. I gether; we ought to be taking it across problem from different places, it is a personally conclude that the science is party lines—to address global warming. framework for international coopera- now incontrovertible. If we act soon, we can still avoid the tion. As this latest report reminds us, the bleak fate that will otherwise await I hope the administration, on second threat is being driven by our own be- our children and grandchildren on this look, will view it that way, will go to

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3937 the international meeting in Germany can work through the objections so The Trading with the Enemy Act is in July, which is the next step in the that we can actually move to the legis- under the exclusive jurisdiction of the Kyoto process, will consult with our al- lation. I move to proceed to the bill at Banking Committee. lies and others in the world, and will this time. The International Emergency Eco- find a way, together with us—both par- The PRESIDING OFFICER. The nomic Powers Act, which has fre- ties in Congress—to move forward to question is on agreeing to the motion, quently been used for export control deal with this problem. and it is debatable. purposes, is under the exclusive juris- We deal with serious problems every The Senator from Texas is recog- diction of the Banking Committee. day in the Senate. It is part of the nized. The Export Administration Act, challenge and, indeed, the excitement Mr. GRAMM. Mr. President, I thank which is before us today, is under the of the privilege we have to serve our the majority leader for moving to bring exclusive jurisdiction of the Banking Nation. It is when we deal with those this bill to the floor of the Senate. As Committee. problems effectively that we have to- many of my colleagues know, the Con- The Exon-Florio amendment, which gether—all of us—the moments of gress has not reauthorized the Export set up the process whereby we look at greatest satisfaction. Administration Act on a permanent foreign ownership of defense industries, This, in the long run, is one of the basis since the early 1990s. As a result, to look at the national security impli- largest problems which any of us in we have been in a period where we have cations of foreign investments and this Chamber will ever confront. The sought to get multilateral action on mergers, is under the exclusive juris- sooner we get together and make some export controls to protect critical na- diction of the Banking Committee. progress to deal with it, the better will tional security secrets, but we have Sanctions bills that imposes eco- be the world’s future. had a very difficult time having stand- nomic sanctions against any country, Mr. President, I yield the floor and ing on those issues among our allies whether it be the Iran-Libyan Sanc- suggest the absence of a quorum. when we do not even have a regime in tions Act, or whether it be any sanc- The ACTING PRESIDENT pro tem- place to monitor exports coming out of tion imposed in the future, would be pore. The clerk will please call the roll. the United States of America. imposed in legislation that falls under the jurisdiction of the Banking Com- The bill clerk proceeded to call the I think it is a terrible indictment of mittee. roll. the Congress that for so many years we Quite frankly, I believe some of this Mr. LOTT. Mr. President, I ask unan- were unable to enact a bill to restore dispute is about jurisdiction. I did not imous consent that the order for the our export control authorities. I under- write the rules of the Senate, but I be- quorum call be rescinded. stand that these are very difficult lieve that when this jurisdiction was The PRESIDING OFFICER. Without issues, and they are difficult for a very put under the Banking Committee, it objection, it is so ordered. simple reason: the Nation has appar- was the right decision because the f ently conflicting goals. We want to ex- Banking Committee is basically the port high-tech items, we want to domi- UNANIMOUS-CONSENT REQUEST— Banking and Economic Committee. nate the world in new technology, we S. 149 These issues have to do with economic want new innovations to occur in Mr. LOTT. Mr. President, there has matters that have defense implica- America, and we want to be the prin- been a lot of discussion and effort over tions. I think the correct decision was cipal beneficiary of the technological the past couple of years put into trying made in placing these items within the revolution that is changing our lives to address the export administration jurisdiction of the Banking Committee. and the life of every person who lives issue. I know that Senator GRAMM and We have spent 2 years exercising our on the planet. And to do these things, the ranking Democrats and Senator responsibility in trying to come up we want Americans to be able to sell SARBANES have worked on this issue. I with a workable and, I believe, if I may high-tech products on the world mar- know there are a number of Senators say so immodestly, a superior Export ket. who have reservations about this whole Administration Act. We have held ex- area and this particular piece of legis- Wages in these industries are among tensive hearings on the Export Admin- lation. the highest wages in the world. They istration Act. It is my understanding that the new really will determine the future of eco- I want to show my colleagues some of administration has had input and a nomic development on the planet, and the studies that have been done that number of previous concerns have been it is a very high American priority to we have looked at. We have had the au- addressed. I understand this is an area see that we generate these new tech- thors of these studies appear before our where we need to be careful to make nologies, that we generate these new committee. sure we do it in the right way and that jobs, and that Americans be the high- The first, of course, is the now fa- we pay attention to very important se- est paid workers on the planet. mous Cox Commission report. This was curity concerns. Our problem comes in that we also focused on China, and it was focused on I think one of the only ways, though, have an objective of trying to prevent the loss of American defense secrets. to have those issues properly aired and sensitive technologies that have de- The Cox Commission report made a se- addressed, and hopefully resolved, is to fense applications from getting into ries of recommendations. Those rec- begin the discussion and see if we can the hands of people who might, at the ommendations are now embodied in the get a final agreement and move on this current time or in the future, become bill that is before the Senate. legislation. adversaries of the United States of Rather than trying to go through all I ask unanimous consent that the America. First of all, I think we have of the elements of this lengthy report Senate turn to the consideration of cal- to admit to ourselves that there is an at this time, which obviously would endar No. 26, S. 149, the export admin- apparent conflict in these two goals empty the Chamber for several days as istration bill. and, hence, you have the difficulty in I would be standing alone talking The PRESIDING OFFICER. Is there dealing with this problem. about them, given how voluminous objection? Now, I want our colleagues to under- they are, I will share with the Senate Mr. SHELBY. Mr. President, I object. stand that, first, the Banking Com- one point that CHRIS COX made in pre- The PRESIDING OFFICER. Objec- mittee has very large jurisdiction as it senting these reports to us and giving tion is heard. relates to national security. In fact, us the recommendations which we have f other than the Armed Services Com- incorporated in this bill. mittee, no committee in Congress has And this is critically important be- EXPORT ADMINISTRATION ACT OF authorizing jurisdiction in defense that cause I have colleagues who say that 2001—MOTION TO PROCEED rivals the Banking Committee. now is not the time to do this bill be- Mr. LOTT. Mr. President, I now move Let me give some examples. The De- cause of our recent problem with to proceed to S. 149, and I understand fense Production Act is under the ex- China. I say to my colleagues, we that there are some opening state- clusive jurisdiction of the Banking should have done this in 1995, but given ments that can be made. I hope that we Committee. the problems we have had with China,

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3938 CONGRESSIONAL RECORD — SENATE April 26, 2001 given their irresponsible behavior, we what he calls the ‘‘utter futility of the some 21 changes. We adopted those need this bill in place now more than U.S. attempt to control unilaterally changes. In several cases I thought the ever. If it was not the time to do this technologies, products, and services previous bill was stronger, but we 3 weeks ago, it is the time to do it that even its closest allies are releas- adopted those changes. I think in the today. I say the time to do it was 5 ing on to the world market.’’ process, on net, we have improved the years ago, and we certainly need to do This study in my hand is the study bill. it today. that was done by Under Secretary What does the bill do? The bill CHRIS COX, in looking at the loss of Hicks making this point. strengthens national security. No. 1, technology to China, cautioned the The next quote I want to give is from and most importantly of all these committee on something that I think John Hamre, who is the former Deputy other things, while it doesn’t sound as every Member of the Senate, as we Secretary of Defense. We all knew him robust as these other things I will men- begin this debate, needs to be cautious when he was the staff director of the tion, it is actually more important. We about. What he cautioned us about was Armed Services Committee. Here is focus the attention of the export ad- doing feel-good things, doing things what he says on this subject: ministration process on defense sen- where we pound our chest and act as if America needs effective export controls to sitive items where we have some hope we are doing something, when in re- protect its national security. Our current of being successful. ality we are not achieving anything. system of export controls fails that test and We set up a procedure whereby the One of the things I am very proud to fails badly. In ultimately approving 99.4 per- President is given tremendous powers cent of the requests, we are not really pro- say about this bill is that there is no to negotiate international agreements tecting our security. In fact, we are divert- with our major trading partners to co- feel-good provision in this bill. Every- ing resources from protecting the most im- thing we did we did because we believed portant technology and products. operate to try to prevent sensitive technologies from getting into poten- it would work, not because it simply That is a critical point of this bill. tially hostile hands. made us feel good to place it in the When we have a system where we are We establish new criminal and civil bill. approving 99.4 percent of the requests penalties for knowing and willful viola- The quote I want to read from CHRIS for licenses, we have a system where tions. One of our problems under the COX is the following: many things are in the system that current situation we face is, for exam- We ought not to have export controls to should not be in the system. We are ple, that with the question of an illegal pretend to make ourselves a safe country. granting licenses on computers that transfer of missile technology to We ought to have export controls that work, are being manufactured by the millions and you have to assume that if the Ministry China, given the laws that are in place, and sold all over the world. of State Security in the People’s Republic of even if the parties are convicted, the We try to focus our attention where China can gain access to the computers at penalties would be trivial. No one will it can do us the most good. Frank Car- Los Alamos, they can probably gain access call the penalties in this bill trivial. lucci, the former Secretary of Defense to the Radio Shack in Europe. The penalties in this bill begin with $5 and former National Security Adviser, One of the fundamental principles of million for a violation. In the case of gets right to the heart of it when he this bill is that we want to focus our multiple violations, the penalties could says: attention on technologies that have de- run into the hundreds of millions of fense implications, that are signifi- But we should do only that which has an dollars. We have tough prison sen- effect, not that which simply makes us feel cant, and where we have some hope of tences for knowing and willful viola- being successful in controlling those good. Many technologies are uncontrollable, given the access to the Internet. Others can tions. When we have those penalties, technologies. When a million copies of and will be supplied by our competitors. Our we affect people’s behavior, which is a computer have been manufactured, job, your job, is to strike the right balance. what we need to do. when they are sold at Radio Shack in Don’t help our enemies. But at the same Again, it is very difficult to enforce Bonn, when there are a million distrib- time, allow and encourage innovation and re- these laws. It is difficult to prove in- uted worldwide, there is no possibility search to flourish. tent. Knowing it is difficult to catch that we can keep that computer from We have spent 2 years looking at all people, we wanted to have very severe falling into anyone’s hands who might of these studies, having the authors of penalties when they are apprehended, be potentially hostile to the United all of these studies appear before our prosecuted, and convicted. States of America. committee, and in each and every case We strengthened the hand of the na- We might want to do it. We might their recommendation to us is quit tional security agencies by, for the wish we could keep an agent from a doing things that make you feel good. first time, giving them a formal proce- foreign country from going into Radio Quit forcing us into a mechanism dure by which to be involved in this Shack in Bonn and buying this com- where we are having to deal with thou- process. We were very concerned that puter, but when there are a million sands of items, when 10 are really im- in the previous administration the De- copies of it worldwide, only divine portant. By dealing with thousands, we fense Department was in a position of intervention could keep someone who are not paying enough attention to the not being in concurrence with some de- wanted that computer from having it. 10 that ultimately affect American se- cisions that were being made but not So rather than waste our time and curity. having an effective way to show it did energy on products that are sold by the We have put together a bill that I be- not agree. So we provided a process millions, we try to focus our attention lieve dramatically improves the export whereby if any member of the review in this bill on trying to deal with those control process, the export control re- panel—and we would assume in general technologies where we have some real- view mechanism that is used, and it would be the Defense Department— istic hope of being successful. Our cur- greatly enhances national security. I objects, that individual, with the con- rent Secretary of Defense, Donald am proud to say this bill is supported currence of the designated political ap- Rumsfeld, said it best when he said we by the President. The President said in pointee in his or her department, has need to build higher walls around a very simple terms, ‘‘I believe we’ve got the ability to object and force that de- smaller number of things, and that is a good bill and I urge the Senate to cision to the next highest review level. what we have tried to do. pass it quickly.’’ He said this in the That is a substantial strengthening, in The next point that I want to raise East Room of the White House on my opinion, of the process. from one of the witnesses before our March 28. We have greater predictability in the committee I think reinforces what The bill before the Senate has been process, as well, which is important Congressman COX said. It is from Don- endorsed by the Secretary of Defense, both for national security and eco- ald Hicks, who is the former Under by the Secretary of State, by the Presi- nomic reason. Secretary of Defense for Research and dent’s National Security Adviser. We I will end with this: We do have a clo- Engineering and chairman of the De- gave them an opportunity when the ture motion. At some point that peti- fense Science Board Task Force on new administration came in, to take tion may be filed, because it is critical Globalization and Security. Here is the bill we had worked on, and go to national security we get on with what Donald Hicks said. He refers to through it in detail. They suggested this process.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3939 I conclude by talking about the bal- bill, first, sets up the best system we my colleagues can convince me there is ance we are trying to establish. We can set up given we are acting unilater- a better way of doing it, I will do it want a balance that allows us to pro- ally, but it also gives the President that way. vide for the national security of the strong new directive to go to England, What I do not think I can be con- United States, but on the other hand, to go to Germany, to go to Japan, and vinced of is that the best thing to do is we want to be able to be the dominant try to work out multilateral agree- to do nothing, that the best thing to do high-tech manufacturer in the world. ments, and then this bill automatically is to continue to limp along without Please remember, despite any feel- makes those binding. having an effective process in place. I good speech we could make, most high- Finally, it creates a framework com- am concerned about the potential tech companies have operations world- patible with the high-tech economy in threats we face as a nation. I think we wide, so when they are developing a which we live and work. We have cur- need this bill to help meet those new product, they can develop it in rently set into static law the number threats. I urge my colleagues to sup- Germany or they can develop it in Dal- of MTOPS, millions of theoretical op- port the bill, but if they are not going las. If we have an export control proc- erations per second, that a computer to support the bill, tell us how they ess that is cumbersome or inefficient could generate as a condition for ex- would make it better, let’s look at it, or costly or overly burdensome, they port, when we know that this number let’s have votes on it. Again, anybody will develop these products in Germany is doubling every 6 months. So what who has a way to make it better, I am and not in Dallas. That is harmful to did this provision of the law do? What willing to support it. I do not think we our security, and it is harmful to peo- it did was put American producers at a have reached the perfect bill yet, but I ple who are working in America. disadvantage because they would have do think we have a dramatic improve- This bill is good for security because to go through our export control proc- ment on the status quo. it restores the expired control author- ess, while their competitors in Ger- I thank my colleagues. I thank Sen- ity. It adopted the recommendations many and Japan could rush right out ator ENZI and Senator JOHNSON for the from the studies I referred to earlier, into the marketplace. Our producers great work they have done. I have such as the Cox Commission and the would fool around, trying to get a Pres- never seen a Member get as involved in commission studying proliferation of idential decision to update the stand- issues as Senator ENZI has been in- weapons of mass destruction. It pro- ard, generally with legions of high-tech volved in this process. I have never tects sensitive U.S. goods and tech- people coming to kiss the President’s seen a Member of the Senate who went nologies. It strengthens the role of the ring and in some cases attend his fund- to the actual meetings of these agen- national security agencies, and it raisers. cies and sat for hours, trying to figure toughens criminal and civil penalties. That is an unworkable system. It out what they do and why they do it That is how it strengthens national breeds corruption. It hurts America. It and how it works. The quality of this security, why it is good for national se- does not enhance security. So we in bill is in large part due to the work curity. this bill we repeal the MTOP limit and that he did and the work he did with Why is it good for trade and for job set out a process where the focal point Senator JOHNSON on the International creation and for the economic develop- is not on something that is doubling Finance and Trade Subcommittee. ment and economic dominance of the every 6 months—we cannot change I thank Senator SARBANES. This is a United States of America? that, we cannot legislate it away. bipartisan effort. Senator SARBANES No. 1, it streamlines controls and I do not question the sincerity of the and I are far apart on some kind of procedures. critics of this bill. I do not think their mythical, philosophical line. But I No. 2, it removes ineffective controls hearts are any less pure than mine. But think the reality is that we have been where we know an item is mass mar- I would like to say that I don’t take a very effective in legislating and we keted. A million copies are sold on the backseat to anybody in America in have been effective because we have world market, and an American com- supporting national defense. I was in tried to work on a bipartisan basis. If pany trying to get market share ends the House, and I helped write the budg- we can work in a bipartisan basis, it up, under current practices, being de- et in 1981 that rebuilt defense and can be done. layed for long periods of time to get ap- helped fund Peace Through Strength I thank my colleagues for their lead- proval to sell something that is readily that tore down the Berlin Wall. I am ership and their cooperation. I am available on the world market. That concerned about American security. hopeful we will pass this bill. I hope makes no sense and it burdens the My dad was a sergeant in the Army. I after the debate our colleagues who are process to such a degree that we are am from a part of the country that lost concerned about the bill will be con- not paying attention to the things that a war. I understand something about vinced—not necessarily to be for it— are really important when we are doing national security and why it is impor- but will be convinced that maybe it is those things. This bill changes that, it tant. So while I do not doubt that I an improvement over the status quo, fixes that problem. have colleagues who have national se- and maybe it is not quite as bad as This bill brings certainty and trans- curity concerns, I have those concerns they would think. parency to the licensing process. When as well. They are reflected in this bill I yield the floor. somebody applies, they know how the and its provisions. The PRESIDING OFFICER. The Sen- process works. They know what the I believe we put together a good bill. ator from Maryland. timetables are. They know they are I know that not everybody agrees with Mr. SARBANES. Mr. President, what going to get an answer—yes or no. As that. We got a vote of 19–1 in the Bank- is the parliamentary situation? anybody who has ever been contacted ing Committee. I have been the ‘‘1’’ The PRESIDING OFFICER. The Sen- by a high-tech manufacturer knows, many other times, on other commit- ate is debating the motion to proceed what they want to know is, yes or no. tees under other circumstances, and to S. 149. If the answer is no, they can deal with that didn’t make me any the less right Mr. SARBANES. I thank the Chair. it. If the answer is yes, they can re- that the other 19 people voted the Mr. President, I urge the Senate to joice. What they cannot deal with is no other way. I understand that. But we adopt the motion to proceed and give answer, which is what the current have come to the point where we have itself the opportunity to move to the process is producing, even though it is to make a decision. substantive consideration of S. 149, the eventually approving 99.4 percent of I urge my colleagues, let’s go to the Export Administration Act of 2001. The the applications. bill, let’s make our cases, and I will adoption of this motion to proceed This bill seeks to restore the inter- pledge to them if they convince me would enable Senators, then, to con- national cooperation that we had under that they are right—I helped my col- sider the bill on its merits, to offer the cold war export control regime, leagues in the committee write the bill amendments, if they have them, to where we had multilateral agreements the way we wrote it because I thought alter or change the bill in whatever di- and where we could prevent things it was best, but if there is a better way, rection they think is desirable. I think from being sold by one country or an- I am willing to support changing it. I this is important legislation. I am other to our potential adversaries. This cannot speak for other people. But if frank to say I think this bill before us

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If the Com- legislation dealing with this issue, de- IEEPA and the President’s extraor- mittee incorporates these changes into S. serves to be considered by the Senate. dinary authority under that legislation 149, the Administration will support the bill. I very much hope, after we have had still leaves us falling short in terms of We will continue to work with the Congress this opportunity for some discussion, the penalties for violations of export to ensure that our national security needs we will be able to move ahead and con- controls for what this legislation pro- are incorporated into a rational export con- sider the bill on its merits. I under- vides. trol regime. stand it is the leadership’s intention to It is ironic that this bill is being in Mr. SARBANES. Mr. President, a file a cloture motion—the leadership, effect contested on these national secu- major effort was made by the com- as I understand it, on both sides of the rity grounds when in fact it does more mittee to work through the list of pro- aisle—in order to enable us to go to to protect the national security con- posals by the administration. Those this legislation. I hope that will not be cerns than the existing IEEPA scheme. proposals were incorporated into the necessary. I think there is a compelling The IEEPA scheme is also weak in bill during the Banking Committee’s argument for taking up this bill and the sense we are quite worried that it markup. I thought the administra- addressing this issue. will be subject to a court challenge, tion’s recommendations were a bal- Let me say a few words about the bill which in effect would make the limited anced set of proposals. I believe they itself. Earlier this year, I was pleased penalties that it contains inapplicable. strengthen the overall bill. to join with my colleagues, Senator I think that has to be kept very much Subsequent to that and subsequent to ENZI, Senator JOHNSON, and Senator in mind as we consider taking up this the committee reporting the bill out, GRAMM, in introducing this legislation. legislation. the President in remarks to high-tech It was reported out of the Banking This legislation has been worked over leaders at the White House on March 28 Committee on a bipartisan vote of 19–1, very carefully. I think it represents a urged quick passage of this bill by the so there was a very strong majority carefully balanced effort to provide the Senate. within the committee. That was on President authority to control exports In that appearance at the White March 22 that we met and marked up for reasons of national security and House—and I will quote briefly from the bill and reported it to the floor of foreign policy while at the same time the President’s—actually, he started the Senate. responding to the need of U.S. export- off by saying to this group: The Export Administration Act pro- ers to compete in the global market- Thanks for coming. I appreciate that warm vides the President authority to con- place. welcome. And welcome to the people’s house. trol exports for reasons of national se- We have two major objectives we are It’s a nice place to live. And I’m glad I’m liv- curity and foreign policy. I think there trying to harmonize. I think this legis- ing here. is a strong national interest in Con- lation does it in a balanced way. That is the President talking. gress reauthorizing the Export Admin- In preparation for acting on this leg- He went on and said to the high-tech istration Act. If we do not do that by islation, the Banking Committee held group: August, there will be no Export Admin- two hearings in this Congress. We held I’ve got some good news and you may have istration Act. And, in fact, we are now a number of hearings in previous Con- been watching the Senate Banking Com- working under a temporary extension gresses and two hearings with rep- mittee. But after a lot of work with industry resentatives of industry groups and for- leaders and the administration and members of the Export Administration Act, of the Senate, the Export Administration passed in the last Congress, which will eign and Defense Department officials. Act—a good bill—passed the Banking Com- expire in August. Extensive consultation took place with mittee 19–1. Before we passed that temporary ex- representatives of the current adminis- He then goes on to say that ‘‘this has tension, we were dealing under the tration, including representatives of been crafted as a good bill. And I urge International Economic Emergency the Defense Department, the State De- the Senate to pass it quickly.’’ Powers Act. Let me be very clear about partment, the intelligence agencies, Mr. President, I ask unanimous con- this because it is very important. We the Commerce Department, and the sent that these remarks of the Presi- need to understand what the situation National Security Council. dent in a meeting with high-tech lead- has been and what the situation will be Prior to the markup of the legisla- ers be printed in the RECORD at the if we do not act on this legislation. The tion in the Banking Committee, conclusion of my remark. Export Administration Act has not Condoleezza Rice, Assistant to the The PRESIDING OFFICER. Without been reauthorized since 1990, except for President for National Security Af- objection, it is so ordered. temporary extensions in 1993, 1994, and fairs, sent a letter to the committee. I (See Exhibit 1.) last year. In other words, for most of will quote it because I think it is im- Mr. SARBANES. Mr. President, I the past decade we have been operating portant. I will quote it actually in full. commend very strongly Senator ENZI, without an Export Administration Act. The Assistant to the President for Na- who was chairman of the relevant sub- We are now in the framework of a tem- tional Security Affairs in a letter to committee in the last Congress and porary extension that expires on Au- the chairman of our committee stated: chairman of the International Trade gust 20 of this year. The Administration has carefully reviewed and Finance Committee, and Senator Without these temporary exten- the current version of S. 149, the Export Ad- JOHNSON, who is the ranking member sions—in other words, for over this ministration Act of 2001, which provides au- of that subcommittee, for their ex- past decade—the authority of the thority for controlling exports of dual-use traordinary work in developing this President to impose export controls goods and technologies. As a result of its re- view, the Administration has proposed a legislation. They worked tirelessly has been exercised pursuant to the number of changes to S. 149. both in the last Congress and again in International Economic Emergency Actually a number of colleagues were this Congress to help bring us to this Powers Act—the so-called IEEPA. involved in urging the administration point. In my view, it is highly desirable for I commend Senator GRAMM and the to seek such changes, including col- the Congress to put in place a perma- staff of all Senators and the committee leagues I see on the floor now and who nent statutory framework for the im- staff for their strong efforts to develop remain, I take it, concerned about this position of export controls. That is a bipartisan consensus on this legisla- legislation. what this bill will do. That underscores To go back to the letter: tion. the importance of considering this leg- Senator HAGEL and Senator BAYH, The Secretary of State, Secretary of De- who have taken over these positions islation. Export controls should not be fense, Secretary of Commerce, and I agree imposed pursuant to the emergency that these changes will strengthen the Presi- now in the new Congress on the sub- economic authority of the President. dent’s national security and foreign policy committee, also made constructive One example of the reason for de- authorities to control dual-use exports in a contributions in moving this legisla- pending on IEEPA is that penalties balanced manner, which will permit U.S. tion forward this year.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3941 Let me say this about the legislation. tries would be assigned based on their that the short-term extension of the It generally tracks the authority pro- perceived threat to U.S. national secu- EAA expires this summer in August. vided the President under the Export rity. The intent of this provision is to We need to put in place a permanent Administration Act, which expired in provide exporters a clear guide as to statutory framework for the imposi- 1990, as I indicated earlier. But a sig- the licensing requirements of an export tion of export controls. I believe this nificant effort was made with the ex- of a particular item to a particular legislation is that framework. I strong- cellent assistance of the legislative country. ly urge my colleagues to support the counsel’s office to delineate these au- The bill would also require that any effort to move to this legislation and thorities in a more clear and straight- foreign company that declined a U.S. subsequently to enact it. forward manner. request for a postshipment verification Mr. President, I yield the floor. We made a very strong effort to in- of an export would be denied licenses EXHIBIT 1 ject an element of clarity and direct- for future exports. The President would REMARKS BY THE PRESIDENT IN MEETING WITH ness into the statute which would have authority to deny licenses to af- HIGH-TECH LEADERS, MARCH 28, 2001 make it easier for the executive branch filiates of the company and to the The PRESIDENT. Thanks for coming. I ap- agencies to administer the statute and country in which the company is lo- preciate that warm welcome. And welcome for the exporters to comply with it. cated as well. to the people’s house. It’s a nice place to The bill makes a number of signifi- You get a sense of the reach of some live. (Laughter.) And I’m glad I’m living cant improvements to the EAA. It pro- of these provisions in providing impor- here. vides, for the first time, a statutory tant protections for national security . . . As well, I’ve got some good news and basis for the resolution of interagency concerns. you may have been watching the Senate We also included a provision in the Banking Committee. But after a lot of work disputes over export license applica- with industry leaders and the administration tions. The intent is to provide an or- committee to make a number of tech- nical corrections and incorporate the and members of the Senate, the Export Ad- derly process for the timely resolution ministration Act—a good bill—passed the of disputes while allowing all inter- suggestions made by the administra- Banking Committee 19–1. ested agencies a full opportunity to ex- tion. The technology that you all have helped The bill contains a provision from press their views. develop obviously gives us an incredible This is very important. There is an the expired EAA relating to the impo- military advantage, and that’s going to be orderly process now by which disputes sition of export controls on crime con- important. And it’s an advantage, by the trol and detection instruments that in- way, that we tend—want to develop, to make can be moved up the ladder in order to sure we can keep the peace, not just tomor- be resolved. So any concern that any advertently had not been included in the bill as introduced. row, but 30 years from now. We’ve got to department or agency of the Govern- So, to close, let me just again under- safeguard our advantages, but we’ve got to ment has as they work through this score that this is a very carefully craft- do so in ways that are relevant to today’s technology, not that of 20 years ago. interagency process can be heard and ed piece of legislation. It is a very bal- dealt with and resolved, and, if nec- The existing export controls forbid the anced piece of work. I believe that the sales abroad of computers with more than a essary, at the final level, be resolved at Senate, when it finally is able to get to the Presidential level. This orderly certain amount of computing power. With the substance of the bill, will provide computing power doubling every 18 months, process was an issue of great concern broad support for it, just as it had these controls had the shelf life of sliced to the administration, to the national broad support in the committee. bread. They don’t work. security community, and to industry. Again, I underscore that though it is So in working with the Senate, we’re I think we have reached a reasonable asserted now that the protections are working to tighten the control of sensitive resolution of the issue in this bill. This inadequate for national security and technology products with unique military was an issue on which Senator ENZI applications, and to give our industry an foreign policy, that runs so counter to equal chance in world markets. And I believe and Senator JOHNSON spent countless the situation in which we find our- hours in order to try to work out ar- we’ve got a good bill. It’s a bill that I heard selves. If you compare what is in this from you all during the course of the cam- rangements that would be acceptable bill with the existing arrangements, or paign. The principles we discussed are now a to all. As I have indicated, now they with the previous arrangements under part of this bill. I want to thank Senator are acceptable to the agencies and the the EAA, this bill has done a good job PHIL GRAMM for his hard work in working departments of the executive branch of providing clarity and providing proc- with us and industry and some members of across the board. Not one department ess of procedure of the arrangements to the Senate to make sure the bill that has or agency is coming in now and telling be followed, which gives to the export- been crafted is a good bill. And I urge the Senate to pass it quickly. us they think this is not a workable ers more definition and more certainty system under which they can operate. in how they can proceed, what the The PRESIDING OFFICER (Mr. BUN- The bill significantly increases both rules of the road are, while at the same NING). The Senator from Alabama. criminal and civil penalties for viola- time retaining for the administration, Mr. SHELBY. Mr. President, I ob- tions of the Export Administration ultimately for the President, very sig- jected to the motion earlier to proceed Act, reflecting the seriousness of such nificant powers in controlling exports. to the Export Administration Act. I violations. As I indicated, it establishes tough want to share some of my concerns in The bill provides new authority to new criminal and civil penalties for ex- why I did that. the President to determine that a good port control violations. It strengthens I, too, serve on the Banking Com- has mass market status in the United our ability to control critical tech- mittee. I have been on it 15 years. I States and should therefore be decon- nologies by building a higher fence worked with Senator GRAMM, Senator trolled. This gets at this issue of, well, around the truly sensitive items. That SARBANES, Senator ENZI, and Senator you can go out and buy a store on the is very important. One of the things we JOHNSON. It is a great committee. It is market. Why are we controlling this are trying to accomplish is a focus on the committee of jurisdiction for this good? But the bill retains authority for the truly sensitive items. It grants the legislation. I also happen to be chair- the President to set aside a mass mar- President special control authorities man of the Select Committee on Intel- ket determination if he determines it for cases involving national security, ligence. And this is why I am con- would constitute a serious threat to international obligations, and inter- cerned about this piece of legislation national security and that continued national terrorism. It promotes dis- today. export controls would be likely to ad- cipline in licensing decisions by codi- Yesterday, we in the Intelligence vance the national security interests of fying the role of national security Committee spent 2 hours being briefed the United States. So we retain an ulti- agencies in the licensing process and on the damage of our national security mate authority in the President with then streamlining licensing proce- from China’s seizure of sensitive tech- respect to this matter. dures, and it encourages U.S. participa- nologies aboard our EP–3 reconnais- At the particular urging of Senator tion in strong multilateral export con- sance plane, which remains, as of this ENZI, the bill contains a provision that trol regimes. hour, in Chinese custody. would require the President to estab- We have a short timeframe to deal Chinese technicians are picking that lish a system of tiers to which coun- with this legislation this year, given plane apart, and I do not believe they

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3942 CONGRESSIONAL RECORD — SENATE April 26, 2001 are looking for loose change under the The economic benefits of increased are most knowing or most in the posi- seat cushions. high technology exports are quickly tion to advocate for strong national se- Yet today, right now, we are talking apparent and relatively obvious; the curity in America, our President and about moving to debate a bill that will national security implications are less Secretaries of Defense and State, are make it easier for the Chinese, and oth- immediate, less obvious, and often all supportive of this legislation. To ers, to get technology like that aboard classified. raise the specter of China strikes me as the EP–3 and other advanced tech- Therefore, before voting on this legis- something that has been thought nologies without any licensing or ex- lation, every Senator should have the through very carefully by our Presi- port restrictions. benefit of the extensive briefings that dent and our defense establishment in I ask my colleagues: What is wrong Senators WARNER, HELMS, THOMPSON, the course of endorsing and supporting with this picture? KYL, MCCAIN, and I have had. this bill. I am sure the Chinese leadership Should the Senate now vote to take The fact is, under this legislation, can’t believe its luck. The U.S. Senate, up the EAA, I intend to join my col- our national security would be which until a few days ago was criti- leagues from the other national secu- strengthened, not diminished. Yes, cizing China’s aggressive tactics, mili- rity committees in setting forth in de- sales of technology items could be taristic policies, and disdain for the tail our concerns about the national se- made to China but only those items rule of law, is now rushing to open the curity implications of this bill. which our defense establishment and floodgates for the advanced tech- We believe the case is compelling for our President endorse as appropriate nologies China needs to upgrade its those who are willing to listen. sales and which are otherwise available military. That is why I object to proceeding on the open market. And a few days after the administra- with the bill so soon. I have had the great pleasure of tion announced an unprecedented pack- I yield the floor. working on a team with Senators ENZI, age of arms to help Taiwan defend The PRESIDING OFFICER. The Sen- GRAMM, SARBANES, and their staffs, to itself, the Senate wants to sell China ator from South Dakota. craft this legislation. I thank them for the very technologies that will help it Mr. JOHNSON. Mr. President, I rise their professionalism and their co- to overcome Taiwan’s defenses, and today in support of this historic legis- operation on this effort. It is rare that threaten the U.S. lation before the Senate. I regret that legislation of this importance comes The events of the last several weeks there is resistance to the motion to before the Senate with this level of bi- underscore a fact that has been appar- proceed. I believe it would be best to partisan support, and the cooperation ent to many of us for some time: China proceed to the consideration of this and support of the White House and the is not our strategic partner. It is our legislation by the full Senate, to de- defense and commerce establishments competitor and could be our adversary. bate the merits of the legislation, and, in the United States. It is a rare day Yet we are moving ahead on this bill for those who object, to provide oppor- that legislation of such consensus today as if these events never occurred. tunities for them to offer amendments comes before us. I had hoped we would I fear the Senate is signaling to the to be debated on their merits in the not lose this opportunity to advance Chinese that whatever they do and course of our consideration. the interests of our national security however much we may criticize their Whether we move forward today or and our economy at the same time. actions, we will always put our com- are delayed a couple more days, it is I am gratified for the support of the mercial interests ahead of our national important that we move ahead as expe- Bush administration and their willing- security. ditiously as we can on passage of the ness to express their support for the We have done this in the past, and we Export Administration Act reauthor- legislation. are reaping the results today. ization. I also note with appreciation the role Equally important is the risk of ad- This legislation is the culmination of Senators GRAMM and SARBANES have vanced dual-use technologies falling many long hours of bipartisan coopera- played. We have had constructive par- into the hands of countries such as tion to modernize America’s export ticipation across the board, and that Iran, Iraq, or Libya. laws to reflect our rapidly changing spirit contributed to the construction While supporters emphasize the eco- world. It was first put together last of the newly amended version of S. 149 nomic benefits of provisions in this bill year, when I served as ranking member that is before the Senate today. that would ease controls on exports to of the Subcommittee on International As my colleagues know, we live in a large markets like Russia and China, Trade and Finance of the Banking truly global economy. America has en- they don’t tell you that Russia and Committee. Senator ENZI, my Repub- joyed unprecedented growth in recent China are routinely identified by the lican colleague from Wyoming, served years in large part because of the ex- Director of Central Intelligence as the as chairman of that subcommittee. We pansion of our marketplace overseas. ‘‘key suppliers’’ of nuclear, biological, were able to pass similar legislation American businesses look well beyond and chemical weapons technologies. out of the committee on a 20–0 vote. our borders for customers, and exports Although this bill may help our U.S. This year Senator ENZI and I have play a critical role in keeping our technology industry increase its ex- moved on to other subcommittees but economy strong. We have also seen ports in the short run, I believe its im- have remained actively involved in this enormous changes in the goods, serv- pact on our national security in the issue. ices, and the technologies American long run may be disastrous. I particularly commend Senator ENZI companies produce. As a result, I cannot support pro- for his continued strong leadership and Back in my home State of South Da- ceeding to this bill at this time until the work he and his staff have put into kota, we have seen a 172-percent in- the entire U.S. Government has had an this effort. The consequence of that crease in high-tech employment over opportunity to thoroughly review the work during this Congress has been the this past decade. Our workers have legislation, take a fresh look at our legislation before us that passed out of benefited from the good jobs and fair overall China policy, conduct an in- the Banking Committee on a bipar- salaries that the high-tech sector depth study of our export control poli- tisan vote of 19–1 and which has the brings. The goods, the services, and the cies, and address the national security support of the President of the United technologies they produce are in tre- concerns shared by the chairmen of the States, the Secretary of Defense, the mendous demand throughout the national security committees in the Secretary of State, the Secretary of world. Senate. Commerce, as well as the National Se- However, we must not be naive. Cer- In addition to these governmentwide curity Adviser to the President. tain products and technologies can be efforts, we in the Senate must do our While there are some who raise the used for the wrong purpose. But we homework. This is an extremely com- specter of diminished security con- must not allow fear to prevent us from plex piece of legislation that raises a cerns, it is interesting that, in fact, not crafting laws that face those issues host of extremely complex issues. They only is there overwhelming bipartisan head on and establish a balance be- need to be debated and looked at thor- congressional support for this balanced tween economic growth and national oughly. piece of legislation, but the people who security, and our other needs.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3943 The Export Administration Act is a agricultural and medical products certain sensitive items in this country. thoughtful, balanced bill. EAA is an throughout the world. We all have the same goals, but we important step toward ensuring our My colleagues, the Export Adminis- have markedly different views regard- continued ability to export American tration Act is a good bill. It is a bal- ing certain aspects of how to achieve goods to the rest of the world. At the anced bill. It is good for America and those goals. We now are being—after same time, EAA includes the necessary for Americans. having about 24 hours’ notice—asked to safeguards to ensure that our export S. 149 strengthens our national secu- take up a piece of legislation which has policy protects our vital national secu- rity—it doesn’t weaken it. To those national security implications, which rity interests. who argue against this legislation in is controversial, which is going to take Since EAA’s expiration in 1990, Con- light of recent events with China, I re- some time in order to consider amend- gress has declined numerous opportuni- spectfully refer to them to the Cox Re- ments which we think can benefit and ties to reauthorize the EAA. I lament port that specifically recommended re- strengthen the bill. It is going to take those missed opportunities, and strong- authorization of the EAA as a way to some time in that regard. It is simply ly urge my colleagues not to squander strengthen our national security with not something that we should be fit- the opportunity before us today. respect to exports to China. The EAA ting in in the middle of a week for a Reauthorization has become still is a strategic, intelligent response to day, or day and a half, and either dis- more urgent as the courts consider the the real threats that face America. pose of it or continue it on to another legality of our reliance on an expired America benefits when our businesses time. We ought to try to get together EAA, and on the annual temporary ex- prosper. Exporting technology has long and set aside some time, a reasonable tensions we provided in the underlying been an American success story. The time—I would be in favor of a time legal authority claimed under the high-tech field will lead our economy agreement to do that—so amendments International Economic Emergency into the next century. We understand, can be heard and we can debate the Powers Act. I fear the day that one of new technologies could prove dan- merits of the bill. these challenges will ultimately suc- gerous in the wrong hands, and our na- This is not the time to do that. It is ceed and strip this Congress of any con- tional security depends in part on lim- going to take more time than what we trol over sensitive dual-use tech- iting access to limited specific goods, have right now. At the outset, perhaps nologies. Contrary to what some of my services and technologies. That is the in some respects in a very general distinguished colleagues may argue, re- balance we seek to strike, and I believe sense, balancing our concern over com- authorization of the EAA in fact great- S. 149 does that. merce with national security is what ly enhances our national security. That is the balance that has caused we are about. But that is not what the We had a simple goal when we em- this broad-based, bipartisan support, Export Administration is all about. barked on this effort: reduce or elimi- and the support of the White House, for That is not what export controls are nate controls on exports with no secu- this effort. all about. rity implications, and tighten controls I look forward to a vigorous debate of It is pretty clear that what that is all on exports that raise security con- these important issues. Passage of this about is national security. It doesn’t cerns. These principles are not con- EAA bill will make a significant con- say anything in this bill or anything in troversial; yet crafting legislation that tribution to our national security and the legislation on the books now that puts these principles into practice has will help bring transparency to our ex- we should engage in this balancing act been difficult to accomplish. port control system. I encourage my of commerce versus national security. We worked very closely with con- colleagues to join this bipartisan, bal- What it says is that you protect na- cerned Senators, the national security anced approach to these critical issues. tional security. In the bill before us, establishment, the administration, and I regret that we may not proceed the purposes are set out. The purposes the impacted industries. I believe we today on the motion. If that is the of national security export controls are addressed the major concerns in a bal- case, I have great confidence that with the following: To restrict the export of anced manner. the cloture motion we will be back on items that would contribute to the We increased the penalties on export this legislation within a very short pe- military potential of countries so as to violations, so that violators of export riod of time. prove detrimental to the national secu- control laws will pay a real price for Again, in closing, I commend the rity of the United States and to stem breaking the law. We made realistic as- leadership of Senator ENZI, my friend the proliferation of weapons of mass sessments with respect to what items from my neighboring State of Wyo- destruction. should be decontrolled based on foreign ming, and his staff for the work they That is what this bill before us states availability and mass market stand- have devoted to this effort, as well as is the purpose of these controls. That is ards. to Chairman GRAMM and the ranking with what we are dealing. It does us no good to be trying to member, Senator SARBANES, who have As we proceed, I hope we do not limit the export of items that can be worked with us and with their staffs think we should strive so hard to draw found anywhere on the open market throughout this entire effort. a 50–50 balance with regard to the con- throughout the world. Mr. President, I yield the floor. siderations involved because they are In one respect, however, I am dis- The PRESIDING OFFICER. The Sen- heavily weighted, to say the least, to- appointed. I am disappointed that we ator from Tennessee is recognized. ward national security. That, of were forced to drop title IV, which lift- Mr. THOMPSON. Mr. President, I course, is the basis of our concern. ed the practice of using food and medi- support the chairman of the Intel- In terms of the timing, it is my un- cine as a weapon against rogue nations. ligence Committee, who objected to derstanding that a part of the adminis- It is my understanding that a majority proceeding at this time on this bill. tration’s position is they want to draft of the national farm groups believe our First of all, I wish to state my reasons an Executive order that will strength- language could potentially delay regu- for supporting an objection to pro- en the visibility and the voice of other latory actions with respect to the lift- ceeding at this time. Federal agencies in the interagency ing of sanctions. I do not think this bill is going to be dispute resolution process that will But as important as that legislation delayed indefinitely. It is not my wish give the Department of Defense greater is, I also acknowledge that there are to do that. I think the Export Adminis- visibility and a major role in the com- other forms, other vehicles, legisla- tration Act ought to be reauthorized. I modity classification process and en- tively for those issues to be taken up have thought that for a long time. sure that deemed exports are covered, at a time when we need to focus pri- The question is, What is going to go which are not covered by this law. marily on the export of high-tech- in the act when we reauthorize it? We Those are three very important provi- nology products and the defense impli- have had a vigorous bipartisan debate sions that the administration says it cations of those exports in the course inside the Senate, and I would venture wants to address by means of an Execu- of this debate. I am confident there to say also inside the House, among tive order. will be other opportunities to raise the our Members, as to what we ought to I think we are entitled to see that larger issue of economic sanctions on do about controlling or decontrolling Executive order. I believe we would

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3944 CONGRESSIONAL RECORD — SENATE April 26, 2001 want to consider whether or not to This Congress has responded in var- It will be the better part of a year be- make them a part of the legislation. ious ways with regard to high-perform- fore this administration is intact be- They are very important items, as im- ance computers which can be used for cause of the scandalous difficulty we portant as several of the items that are simulation, for nuclear testing, reli- have in getting people through this in the legislation. ability, and without actually doing the process in our Government. It has been It is only proper, considering the se- testing of the bombs. They can use going on for a long time. verity of the issues with which we are computers nowadays to test the effi- A lot of these things require input of dealing, that we have all of the cards cacy of their bombs by use of high- people who are appointed by the Presi- on the table and that we deal with speed computers. So Congress in 1998, dent and confirmed by the Senate. If them in an appropriate manner. as a part of the National Defense Au- this bill was part of the law today, as Also—and the chairman of the Intel- thorization Act, provided, with regard far as defense is concerned, as far as ligence Committee alluded to this— to these high-speed computers, that appealing something, for example, in this is the wrong time to bring this up there should be a national security as- the export control process, it would ei- for another reason. It has broad rami- sessment to see to what extent we ther have to be Mr. Rumsfeld or Mr. fications and broad applications with might be harming ourselves. Wolfowitz because they are the only regard to many different items and That act also provided for ones who fit that criteria. That is to- many different countries, but this is, in postshipment verifications for tier III tally unworkable. many respects, a China trade bill. countries, such as China; in other Another reason not to rush is that we Much of the impetus among the com- words, to see how these computers are do not have an administration that is mercial world for getting this passed actually being used in China. fully staffed in the relevant depart- has to do with decontrolling previously It also required congressional review ments. controlled items, many of which are with regard to notification thresholds. One of the key provisions involves high-technology items, many of which We require our exporters to notify the foreign availability, the idea if under have potential military application, authorities when they are doing cer- the Secretary’s determination, after and many of which would be going to tain things at certain levels. If the consulting with others, the Secretary China. They have a vast potential mar- President is going to change that noti- of Commerce determines there is for- ket. Only about 10 percent of the items fication threshold, he needs to notify eign availability of an item, they will we export to China are controlled Congress. lift controls, the idea being it will not items. So it is not a large part of what The bill before us would basically do do any good to try to control that. we are doing with them right now. away with all of those requirements There is probably some truth to that. Apparently the idea is, with China’s and would abrogate those requirements It very well may be we are trying to concentration on high tech and their that Congress set down in 1998. If we control more than what can be con- need for our supercomputers and other take these broad categories of items trolled. The real question is not wheth- sensitive matters, that trade will pick totally off the books and say there is er or not we on this side of the issue or up and the desire among industry is to no licensing at all, there will be no our colleagues on the other side of the more easily export without having to monitoring even of what is being issue can sit here and determine what apply for a license, that trail of what shipped to whom. There will be no abil- ought or ought not be controlled. The granting a license entails. That is what ity for a cumulative effect analysis. question is, can we come up with a pro- this is all about. This particular item or that particular At a time when the Chinese leader- cedure where on the questionable item does not have a serious effect but items, we know they will get full, fair, ship is issuing belligerent statements the cumulative effect of all of them and complete consideration by people with regard to our policy toward Tai- might. That is a requirement of the who ought to be considering the prod- wan, right after they detained 24 Amer- law that has not been observed in the ucts. That is the question. We are not ican crew members and, as the chair- last decade, as far as I know. man of the Intelligence Committee This is going to be the basis of the talking about things all over the world, pointed out, we are feverishly trying to discussion. That is not to say we through Radio Shacks around the destroy computers aboard those air- should not reauthorize the act. That is world. Keep in mind, we are not talk- planes and other items of hardware and not to say we cannot improve and close ing about restricting any of these software, at a time when the Chinese some of these openings that I believe items from being exported. We are are engaged in a rapid military buildup are unfortunate and uncalled for and talking about whether we ought to and have 300 missiles on their coastline deleterious to those issues on which we have a license requirement. that can be used against Taiwan, at a all agree. Most of these items are going to be time when they are detaining Chinese We hear all this talk about building exported anyway. The difference is American scholars against their will, I bigger fences around a smaller and whether or not it will take 30 or 45 days do not think this is the time to send smaller number of items, but I do not or whatever the normal amount of the message to China that we are going see where the fences are. I would like time is. Sometimes goods are held up to engage not only in business as usual to have explained to me how we are longer than that. Sometimes they are but become even more liberal in our building higher fences by this act, be- held for national security reasons and policies of sensitive exports. We had cause this is a decontrolling, in large this cannot be explained to the person best wait until that dust settles a little part. There are certainly other provi- making the application. There is a bit bit before we take it up. sions, but I see nothing where there is of delay there. In most cases it is not We have had a policy in this country a tightening of the process in building a great delay. for some time of controlling certain higher fences. We are winding up with Some say our competitors are so hot matters that fall into the sensitive cat- more openings in that fence instead of on our trail, our European allies are so egory with regard to supercomputers, building a higher fence. close to us in technology that the milling machinery, centrifuges, and a Substantively, the bill before us is a month delay will mess up a large num- host of items which have dual use, both good improvement over the first draft ber of sales. That is not very credible civilian and potential military use. last year. We had certain concerns as far as I am concerned. We have the It has always been a concern as to about it. We had a lot of discussions lead in so many areas that going how far we can go in allowing civilian about it. It was vigorously defended. through the licensing process, if it goes trade without the items being used by The administration has come in and through as it should and is supposed to, the military. We find from time to just within a few days—they have two is not going to make the difference in time, on the rare occasions we check people confirmed in the Department of terms of this commercial activity. on them, that China has diverted from Defense right now. That is with what We need to think through the foreign civilian to military use. The Cox Com- we are dealing. When we talk about the availability argument. If the genie is mission points out to us that they are administration and all these various out of the bottle and none of these using our high technology to benefit agencies that have a piece and a part of things can be controlled, why do we their military. It is not that we have to this as we go through the licensing still have restrictions on rogue na- speculate about that. process, let’s keep that in mind. tions? If we furnish Saddam with the

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3945 computers, wouldn’t that be better through all of that, if the set-aside is to be concentrating especially on high- than having somebody else furnish still standing, has to relinquish his set- technology matters, building up their them, if he is going to have them any- aside if there is still not a high prob- military, building up their missile ca- way, or the centrifuges or the milling ability that there will be any changes pability—both ICBMs and shorter machines—they are sensitive—that go made in terms of the foreign avail- range missiles. to make nuclear items? There are cer- ability picture, and if there is no agree- I think the best witness on this, Rep- tain good arguments, good reasons to ment under any circumstances after 18 resentative COX, has been quoted a few be made that he will have it anyway; months, the President has this author- times. The Cox Commission stated in why not supply it with our companies ity. We make the President do a lot of July 1999: so we know exactly how it works. things and place burdens on him to do The People’s Republic of China was divert- I find it a bit inconsistent to say that. ing U.S. manufactured high-performance none of this stuff is controllable. It is As far as mass marketing is con- computers for unlawful military operations. out there; you can’t do anything with cerned, it has to be a serious threat to Specifically, it was using American-made it. But we want to make real sure we national security. Foreign availability, computers to design, model, test, and main- keep these controls on rogue nations— tain advanced nuclear weapons. The commis- he can set it aside with a threat to na- sion clearly stated that the illegal diversion Iran, Iraq, and the bad guys. Clearly tional security. For some reason, if the of high-performance computers for the ben- there is a limit. Clearly there is a line. item in question is mass marketed, efit of the People’s Republic of China mili- Maybe we have not drawn the line in just in the United States, presumably, tary is facilitated by the lack of effective the right place in times past. Maybe the President has a set-aside if there is post-sale verifications of the locations and even the old end top criteria is out of a serious threat to national security. purposes for which the computers are being date. It has been going so rapidly up it We will want to debate and see used. High-performance computer diversion has become almost irrelevant. Many whether or not we can improve that for PRC military use is also facilitated by have been critical of the Clinton ad- the steady relaxation of U.S. export controls language, whether or not we want to over the sale of high-performance computers. ministration for raising it so rapidly set that high standard for a President The committee added that U.S. origin high- and now it will be done away with alto- to stop an export, that it has to reach performance computers have been obtained gether. We are having to take a new that extremely high standard when we by PRC organizations involved in the re- look at that. People say you cannot know already that the Chinese are search and development of missiles, sat- regulate computing power. You have to using our high technology to benefit ellites, spacecraft, submarines and military regulate or deal with the software. You their military. aircraft, just to name a few. have to deal with the application being The penalties are great in this bill. Mr. MCCAIN. If there is no doubt in made with the use of the computer. It There is no question about that. But the Senator’s mind, and I think it has is a different kind of world with which before an item has already been decon- been clearly established in several we are dealing. trolled, there is no danger of any pen- cases—I think one was the case of We have to be careful. While ac- alty coming into play. Loral where the Chinese missile tech- knowledging that technology has My concern is this: We have a couple nology was increased through the greatly expanded and there are more of basic trends going on in this coun- transfer of technology—I am curious, if things in the world that perhaps can’t try. One is that we are moving pell- it is a severe problem, and obviously be controlled, there are still some mell to decontrol. The genie is out of our relations with China have not im- areas where we do not want to open the the bottle. There is no question about proved recently, to say the least, our floodgates. The question is, What are that. The last administration certainly sanctions efforts against Iraq have those areas and what kind of procedure liberalized our control procedures. The been eroded by the disappearance or will we have to ensure that those are Chinese and others certainly took ad- dramatic reduction in the coalition not sent along with the rest? When we vantage of that. We are still moving in that imposed sanctions on Iraq, yet we deal with thousands and thousands of that direction. Perhaps we should, to are now trying to pass legislation in items, it is not an easy answer. one extent or another. But there is no very short order that reduces these The President, it has been pointed question that using the word ‘‘decon- controls that inhibit our ability to ex- out, under this bill, can have a set- trolling’’ with regard to matters of amine these systems and their export aside if there is a threat to national se- high technology, with regard to mat- to these countries. curity. On this business of balancing ters of dual use, with regard to matters Finally, could I ask the Senator, how commercial interests over national se- that have military significance, we are much involvement have the sponsors of curity, get a load of this: The set-aside saying, ‘‘What, me worry?’’ and rapidly this legislation allowed the Senator provides the President can take this decontrolling. This would enhance that from Tennessee and my colleague from action only if there is a threat to na- process and take it to another level. Arizona, Senator KYL, and Senator tional security, not because it has na- Mr. MCCAIN. Will the Senator yield SHELBY? Have they tried to involve you tional security implications. I assume for a question? in negotiations, conversations, or this is a direct threat. I don’t know. Mr. THOMPSON. I am glad to. amendments? But the President cannot do this until Mr. MCCAIN. Is there any doubt in Mr. THOMPSON. We have had exten- there is a threat to national security. the Senator’s mind that over the past 8 sive conversations on this over the Then once he makes the determination years of the previous administration— past, I guess, year and a half. My desire that there is a threat to national secu- is there any doubt in his mind that would be that—this has been off the rity, he has to leap more hurdles than sensitive technology that affects Amer- table now for some time. Until yester- if he were in the average track meet. If ican national security was transferred day, I did not know it was going to be he makes the designation, he has to re- to China, Iraq, and other nations? brought back up. But now that it has port to Congress and justify himself. Mr. THOMPSON. No, there is no been brought back up, it is back on the Then under this bill he is required to doubt in my mind, Senator. table, as we all knew it would be and pursue negotiations to try to get the Mr. MCCAIN. So my further question should be, that we would sit down countries making this available to quit is, If sensitive technology which affects again on some proposed amendments to making it available. He has to notify American national security was trans- see if we could agree on some. We Congress about that. Then the Presi- ferred to China, to Iraq, and perhaps might be able to. dent has to review this matter every 6 other countries, are we going in the As I say, I think they have improved months. right direction with this legislation or the bill. It is all in the eye of the be- Remember, this is a matter that is a are we going in the opposite direction holder. The thinking was it was a bill threat to national security. He is re- of loosening these controls, according right where it ought to be. The admin- quired to review this every 6 months so to this legislation? istration came along and made 20- it can be lifted if the circumstances Mr. THOMPSON. There is no ques- some-odd suggestions. I understand change. He has to report that to Con- tion that we are loosening. There is no they were adopted. Presumably, it is a gress and justify not lifting it. Then question that it will inure to the ben- better bill. Maybe it can be even a bet- the President, after having gone efit of the Chinese, who are well known ter bill.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3946 CONGRESSIONAL RECORD — SENATE April 26, 2001 Up until yesterday, the negotiations Mr. THOMPSON. I have not thought ing high-performance computers to the did not go the way I would have liked it through. I think after it was decon- PRC. Yet S. 149 does away with that re- for them to go, frankly, but I cannot trolled in 1994, over the objections of quirement. complain about not having been in- the National Security Agency, the cat The Cox Commission also rec- cluded in discussions. We have had a was out of the bag. I am not sure it ommended reestablishing higher pen- lot of discussions. would have made any difference. alties for violations, which was done, What I would like to do is address the I think the point is that what we are but the evidentiary standard was low- question of the Senator, though, a lit- dealing with today would further de- ered and promotes the sale of high-per- tle bit more directly, the other ques- control a host of additional items that formance computers to the PRC for tion he asked. The question is: Why? I heretofore you had to have a license to commercial but not military purposes think the answer would be that for get. provided the PRC establishes an open some of these items, there is foreign Some of those—I would venture to and transparent system to conduct on- availability. If they are out there and say the large majority of those site inspections of the end use of these France or someone, or Russia, let’s things—would be harmless. But my machines. say, is supplying China with these concern is whether or not we have a This bill takes these recommenda- items, why shouldn’t we? procedure to catch the ones that are tions in an opposite direction. We are It raises a question—I did not plan on not harmless. That is what we are try- going to have an opportunity to go getting into the substance of the de- ing to deal with here. I hope we can through in detail the extent to which bate as much today as we will later move in that direction. this comports with the recommenda- on—as to whether or not there is a Mr. JOHNSON. Will the Senator tions of the Cox Commission. moral dimension to our foreign policy, yield for a question? The Rumsfeld Commission, of course, whether or not there is a moral dimen- Mr. THOMPSON. I will be happy to. points out that one of the more serious sion to our export policy, whether or Mr. JOHNSON. I am interested, given concerns that we have had in Congress not, because some other entity is sup- his remarks today, whether the Sen- for some time is the proliferation of plying somebody with something they ator views President Bush’s support for weapons of mass destruction. Even should not have that hurts our na- this legislation, support expressed by though it was significant to learn the tional security potentially—and these our Secretary of Defense and Secretary extent to which some of these rogue items I am talking about, some of of State, as reflecting an inadequate nations have the ability, or rapidly de- them, are serious threats to our na- consideration of the implications rel- veloping the ability to hit the United tional security, as acknowledged in the ative to China and inadequate consid- States with missiles and weapons of bill, if it is mass marketed—whether or eration of the moral dimensions of our mass destruction, and the fact that not, even if they would get them, we trade policy in the United States and they were getting a lot of their capa- ought to be supplying them. certainly an inadequate consideration bility from China and Russia, I think I would not feel any better to find of the national security fundamentals perhaps the most significant and trou- American troops shot down with tech- of our Nation. Does the Senator sug- bling part was the fact that our intel- nology supplied by American compa- gest the Bush administration is in ligence was not aware of the extent of nies if I knew there was mass mar- error in their support of this legisla- these things. keting of those products. In the last tion? Intelligence is not perfect—nobody’s year, the PRC reportedly was illegally Mr. THOMPSON. I would respond to intelligence and no country’s intel- using American supercomputers to im- the Senator that my concentration has ligence. I think they do a good job on prove their nuclear programs. Just 2 to do with my own obligation. I respect most occasions, but they were behind months ago, we learned that Chinese the members of this administration the curve on this. technicians were installing fiberoptic who have taken a look at this in a few I simply reiterate that in matters of cable for Iraqi air defenses, a clear vio- days, and with the few people they this importance it is not something we lation of U.N. sanctions. have had take a look at it. ought to take to the floor and discuss Worse yet, this assistance and tech- I respect their opinion. I weigh it in general terms, talk about balancing, nology which were provided to Chinese very seriously. We are another branch and do in a day and a half. We need to companies by American firms when of Government. We have obligations be concerned about what else is not President Clinton decontrolled this also. The Senator from Texas points going to be caught by this process. We equipment over the objections of NSA out that the Banking Committee has a need to be concerned about the big pic- in 1994 aided Saddam Hussein in his lot of jurisdiction. That is true. The ture, and we need to be concerned quest to shoot down American and al- chairman of the Intelligence Com- about the little details that have to do lied pilots. mittee has a lot of jurisdiction. The with the interagency dispute resolu- I don’t know if it proved whether or chairman of the Foreign Relations tion. not this very strand of fiberoptic was Committee has a lot of jurisdiction. For example, as was pointed out, if used down there or not. But what ap- The chairman of the Armed Services someone disagrees with a determina- parently is pretty clear is that we took Committee has a lot of jurisdiction. tion as to whether or not an item this Chinese company from a startup They are all concerned about this. I am ought to be controlled, it can be esca- and, because of business that we did concerned about it. lated by a majority vote. But it can with it, put it in a position where they I would like to always be in agree- only be escalated by someone who has could go down to Iraq and help Saddam ment with all of my friends. Some- been appointed by the President and Hussein better shoot down our pilots. times it is difficult to do. has been confirmed by the Senate. That merits serious consideration. It I referred to the Cox Commission re- Hopefully, we will have these Depart- does not merit a day or a day and a port. As I say, he has been quoted in re- ments staffed. We have Defense, we half of discussion in some kind of de- gard to this piece of legislation. I am have Commerce, and we have several sire to balance what we are talking not sure where he stands on this piece other Departments that have a place in about with our commercial interests. of legislation. I am sure he supports this. But they are grossly understaffed Mr. MCCAIN. May I ask a final ques- the Export Administration Act reau- and will be for some time. tion—and I would like to state I agree thorization, as I do, but it has been Incidentally, the process has never with Senator THOMPSON. This is a very said that the bill addresses the major been taken to the President of the serious issue. It brings into question findings and recommendations of the United States in the history of process, the influence of big money and big Cox Commission report. Upon closer if you want to know about the prac- business in American politics. But examination, many of the Cox Commis- tical application of this thing. But it would the legislation that we are dis- sion’s conclusions are not addressed. looks pretty good on paper, and maybe cussing have facilitated the ability of For example, the Cox Commission rec- it can work. the Chinese to acquire that technology ommended that the Government con- Do we really want to have that esca- and transfer it to Iraq or would it have duct a comprehensive review of the na- lation done only by someone appointed been made more difficult? tional security implications of export- by the President? Shouldn’t he be able

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3947 to delegate that somewhere for some- done after a thorough and deliberate international crisis there has been with one to handle that kind of paperwork consideration in this Chamber of all of China; it is a good time to discuss na- on the thousands of the items that are the ramifications and with a fair con- tional security, no matter what the going to be coming to the floor? Is the sideration of some amendments. timing with China. We did not expect it intention to make it such a high level Thank you, Mr. President. I yield the to be quite this timely, but we are will- to escalate that there will be much less floor. ing to work with that because we want escalation so that people who may The PRESIDING OFFICER. The gen- to make sure this country’s secrets are have concerns and objections will not tleman from Wyoming is recognized. not taken. bother under that kind of a system? I Mr. ENZI. Mr. President, I appreciate Most of what has been referred to think we have seen that before. the comments of all the Members who happened after the act expired in 1994. We had extensive hearings before the preceded me. It has been a very nerv- When it expired in 1994, we were faced Governmental Affairs Committee with ous situation to have to sit through all with an Executive Order and the Presi- our inspector general, who looked at the statements when I would like to dent using some of his emergency pow- all of this. They came to the conclu- have been contributing all along. Over ers. What is the big difference with sion at that time that the Defense De- 2 years of my life I have invested in ex- that? Penalties are the big difference partment was under the impression tensive meetings on this bill. I figured with that. Penalties dropped down to that there was inadequate input by the I could wait a little longer. $10,000 a violation. On the multi- Defense Department. I support the motion to proceed. I un- million-dollar contracts we are talking Will this cure that? I do not know. It equivocally support the motion to pro- about around the world, $10,000 is less looks to me as if it is more difficult ceed. I am sincerely disappointed that than a contingency. It is less than the under this regime to raise a question. we didn’t get the motion to proceed. I cost of an ad in many cases. They are supposed to be included under would be happy to agree to a time Mr. President, $10,000 is not a pen- the bill. Are they really going to have agreement. What we are faced with alty. It is not a deterrent. a practical voice? Those are the kinds right now is unlimited debate on Penalties are an important part of of things we need to look at. whether we get to debate. this act. The penalties expired in 1994. Again, my objection to doing this So I would like to have some kind of We have them under a short extension now after having learned about the a time agreement, if we got passed this of that old bill that lacks a lot of the consideration of it yesterday was not motion to proceed—which is unlimited security we need, purely by an agree- because I necessarily opposed the reau- debate on whether to debate—then we ment that we would extend it until Au- thorization of the Export Administra- have unlimited debate on unlimited gust 20 of this year. That means on Au- tion Act. I do not. The world is not amendments. So there is the capability gust 20 of this year we are back to the going to come to an end if we don’t of doing extensive debate on any same old bind where companies can consider this now. It has been in this amendment that anybody wants with violate national security for less than condition for several years now. It can no time limits on any of those amend- the cost of an ad. It should never hap- wait a little while longer until hope- ments or debate on the entire bill. So I pen in our country. fully the dust settles down in terms of would be just delighted if we could pro- When I became chairman of the our relationship with some of the peo- ceed and look at those amendments. International Trade and Finance Sub- ple to whom we are going to be sending I appreciate the Senator from Ten- committee, with Senator JOHNSON as all of these additional items. Wait nessee’s response about the extensive the ranking member, and found out until the administration becomes a lit- meetings that we had previously. I am that the main piece of business we had tle better staffed so they can deal with sure he has noticed that in this bill to face was this Export Administration these things. there are extensive changes that re- Act, we started digging into it. We I respect the administration and the sulted from those meetings. The most have kind of lived together for a couple people handling it. I respect my col- particular one is the Presidential set- years, going to meetings, meeting with leagues who have pushed this because I aside, the Presidential set-aside that anybody we possibly could who had an think they have legitimate interests in allows the President ultimate author- interest in it, trying to find out how making sure we are not unnecessarily ity over every bit of national security, the process worked, looking at what hurt in terms of our economy. which is what the President should had happened to it before. There were But we have to make sure in the have. We did allow that in every in- 12 previous attempts to get this passed. present environment—I read as well as stance. We think it is constitutional. How could something that is this im- anybody else about the tremendous in- We did not think it had to be in the portant to the country not make it terests out there that have been bill, but it is in the bill now. We think through on 12 successive attempts? brought to bear on getting this done, that change alone makes the biggest Well, I am getting a better and better and we have to make sure we listen to difference in national security in the idea every day. Part of the reason is their legitimate points but that we history of the United States, but par- that we are so security minded we don’t lean too far too fast in that direc- ticularly in the history of export ad- would lock up all exports in exchange tion until we have thoroughly explored ministration. for security. But that will not provide the alternatives. Hopefully, we will We have some things in this bill that security. So we need a system that will have some amendments that will im- are absolutely crucial. We have some work. Bringing everybody together on prove upon this, and maybe we can things that need to be done for na- a mechanism that will work has been even agree to some amendments. tional security. I am not talking about an interesting and difficult process. But, again, we are on a motion to a balance. I am talking about basic na- I do thank my colleagues on the proceed right now. It has been objected tional security, where everybody who Banking Committee for their support to. I agree with that objection for looks at national security says we need and their recognition that this legisla- those reasons. this Export Administration Act. We do tion is needed to strengthen our export This is not the kind of issue we not need a temporary extension of it. control system. I do appreciate the should consider in short order and in We definitely do not need to be oper- support of the administration. Presi- the limited amount of time that we ating under the President’s Executive dent Bush and his team immediately have now, unless we can reach some order, the IEEPA process, in order to realized that the reauthorization of time agreement that I will agree to have some control over our national se- EAA was vital to the national security right now after consulting with my col- curity. That is what has led to the na- and the economic interests of this leagues who have other amendments in tional security problems we have had country. order to have a thorough debate on this since the act expired in 1994. With the few changes that were made issue. It is going to come. These problems we are talking about by the Banking Committee during We cannot and will not hold this up. in relation to China—and I am glad we markup, the bill received the written I know which way the wind is blowing. are having that discussion—you will endorsement of President Bush’s na- I can guess probably what the outcome recall we said, bring this bill up any tional security team. That includes the is going to be. But hopefully it will be time; we do not care what kind of Secretary of State, the Secretary of

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3948 CONGRESSIONAL RECORD — SENATE April 26, 2001 Defense, and the National Security Ad- Mr. ENZI. I am glad the Senator our prime emphasis for the 2 years of viser. Those are people who are in raised that point because we have ex- the last session. It took all of that place. I know they have had advice port security that is being executed at time. It took all of that time to go from people who have been working on the moment. We do not need this bill through the process of understanding this issue for years. for export security to begin. It is hap- exactly how the bill works, reviewing On March 28, 2001, not very long ago, pening right now. The people who are previous failures, visiting the Depart- President Bush called the committee’s in place right now are in charge of our ment of Commerce. Of course, the Cox action good news and urged the Senate national security under export admin- report we have referred to several to pass it quickly. You have heard the istration. They are having to deal with times came out during this process. longer versions of that earlier in this inadequate legislation to be able to do One of the actions I took was to go Chamber. what needs to be done. over to the Intelligence Committee and Mr. JOHNSON. May I put a question So while the staff isn’t there, they read the Cox report when it was still a to the Senator from Wyoming? are still having to comply with licens- secret document. I am always amazed Mr. ENZI. Certainly. ing. I do not know how they are doing that just by being elected a Senator, Mr. JOHNSON. Given the support of it except that there are still many civil one gets a top security clearance. I un- this legislation by the Bush adminis- service employees who have been derstand why that is and I am glad tration, including the Department of around, and will be around, and are that it happens. I understand we have Defense, the Secretary of State, the dealing with these problems. But the had a pretty good review of our back- Secretary of Commerce, it has been problem goes on right now. It does not ground by the time we get elected, noted in this Chamber that somehow matter whether this bill is in place or whether we want it or not. I went over the Bush administration is not yet whether we are operating on the exten- and received a briefing and read the staffed up. Do you believe that the sion of the old one. document. I wanted to be sure the Bush administration would endorse There are some definite improve- ideas we were generating for solving legislation of this consequence and of ments in this Export Administration the problem followed the direction of this importance if they felt that some- Act that absolutely need to be in place the people who were really con- how their counsel had been inadequate to provide for our national security. I centrated on the Export Administra- or had been short? Or do you believe hope that, first of all, we do not have tion Act and the security of the coun- that the Bush administration felt very to continue to operate under that old try, particularly as it related to China. comfortable about its familiarity with Export Act, regardless of who is in I was convinced and am convinced the details of this legislation in issuing place, and, secondly, that that old Ex- that we did what can be done legisla- its recommendation for passage? Mr. ENZI. I am certain that the Bush port Act does not expire on August 20 tively. There are a lot of other proc- administration has felt the importance without a backup bill that does some- esses that need to go on, particularly of getting the EAA reauthorized. They thing extensive such as this bill does. in the executive branch, to deal with I congratulate the chairman of the have been looking at the documents this, but that is not legislation. We Banking Committee, Senator GRAMM. that have been mentioned on the need deal with the legislative part. We also lived with people from the for this for several years. He has probably been more involved at I was very pleased during the cam- a member level on this bill than per- Departments of Defense, Commerce, paign that President Bush addressed, haps any bill Banking has done. He has and State for a long time. I have to as part of his campaign, this Export involved all of us in that process; at thank Dr. Hamre and Secretary Administration Act. He had looked at a least whenever Senator JOHNSON and I Reinsch for their dedicated devotion to number of the principles. In fact, on his have asked him to be at a meeting, he coming up with a solution. Both of Web site he has listed what he thought has been at the meeting. He has been them had worked intensively on this ought to be included in the Export Ad- willing to participate, learn the bill in issue from their own positions in De- ministration Act. It gave me a lot of tremendous detail, and work on it that fense and Commerce. Without their confidence that he had looked at the way. interaction and daily meetings and Export Administration Act that you The same is true with Senator SAR- telephone calls, we would not have and I worked on because it went point BANES. There has never been a time been able to get to the reasonable posi- by point on it. I was pleased with the Senator JOHNSON or I have invited him tion that we have. diligence with which the administra- that he did not show up to help out in I was able to get some people on my tion and their staff spoke to me and the process. He has been involved with staff for a very short time who had my staff. We were able to go through a this particular bill for about 20 years dealt with license applications. We lot of the points and a lot of the ques- and understands it to a higher level wanted to know what the person put- tions and a lot of the past discussions than most of the people we have run ting in the license had to go through. and a lot of the past meetings we had into who have been involved. His com- Then following that, because of the had with other Members to be sure to ments have been extremely valuable, concern over enforcement and particu- cover as completely as possible those and a couple of times he has even larly the postshipment verification, I items of national security. reined in my enthusiasm a little bit, brought somebody into my office who Mr. THOMPSON. Will the Senator making very good points that needed was an enforcement officer, somebody yield for a brief question? to be incorporated. He has been one of who had actually done some of these Mr. ENZI. I will. I was hoping to fin- the Senators who contributed very things on site, somebody who knew ish my statement. much by listening to the other side in how to calculate old penalties under Mr. THOMPSON. I am sorry. the debates to make sure we got these IEEPA versus the penalties under EAA Since my comment was referred to, I processes included. as we propose it. It was fascinating, ab- want the Senator to be aware, if he is I have already mentioned Senator solutely crucial to what we are doing. not, that my reference was meant to be JOHNSON and his help on the sub- Of course, this was reviewed and en- with regard to staffing, not with regard committee. I don’t know how many dorsed by the Clinton administration. to making the recommendations that panels we served on, answering ques- Now the Bush administration has they have made. It was with regard to tions about how this works and how it taken a look at it, and it has been en- carrying out the bill once it has been could work better. That has always dorsed by them. We have many people enacted. It has to do with personnel, been our approach to the bill: How can from both sides of the aisle who have people appointed by the President and we make it better? How can we im- been looking at this, working on it, confirmed. My concern is, these var- prove it so that it works? and hoping that at some point, after ious departments, they have a skeleton This legislation is unfinished busi- extensive debate and amendment, it crew of people that fit that description. ness left from the 106th Congress. The would come to a vote. So my reference to a lack of staffing activity Senator JOHNSON and I en- What we are debating today is wheth- has to do with their ability to effec- gaged in didn’t happen this year. As er or not we ought to proceed. We could tuate the appeals process, and what soon as we got chairmanships, we save a lot of time if we proceeded to of- have you, once this is enacted. started working on the bill. That was fering amendments. All of those

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3949 amendments won’t be debated on the the study group’s final report on Tues- rity and international terrorism, as floor. If there are some that deal with day, April 24. That was this week. well as international commitments a top secret security, those will be There is a need beyond the export and made by the United States. Section dealt with as we do with that kind of included in the Export Administration 201(c) allows controls to be imposed an amendment. If some of the discus- Act to enhance multilateral controls. based on the end use or end user of an sion or parts of the discussion cannot What we do as a country by ourselves, item if it could contribute to the pro- be in the Chamber, it will be held in if it is being done everywhere else, isn’t liferation of weapons of mass destruc- one of the rooms designed for that kind going to cut it. We need to have every- tion. of discussion. We have done that be- body who has that item working with I remind my colleagues that these fore. In fact, two of the hearings we us to make sure it doesn’t get in the two provisions could be used regardless held were done under those cir- wrong hands. of foreign availability or mass market cumstances so that the people in the That is what the report we released status of the item. intelligence community who needed to on Tuesday dealt with. Mr. COX ref- Other national security items are communicate some of the problems erenced the fact that we need a com- also included in the bill. For example, it requires that whenever items are to they saw could get those problems di- monsense export control policy. He be taken off the list, the Secretary of rectly to us. said that we should not make the mis- We invited every Member of the Sen- take of confusing a more burdensome Defense concur with the decision. In ate, but we haven’t had every Member system with the more effective system. addition, country tiering would be made by the President. He would be the of the Senate listen to it. Those of us He went on to mention that the cur- one to determine where a country is as- who have attended, who have worked rent export control system has ‘‘an in- signed to a tier for each controlled on this bill, think we have incor- stinct for the capillary rather than the item or group of items. The President porated the solutions that were jugular.’’ In other words, the current is to take into consideration several system often has the tendency to put brought out in the hearings into this risk factors, including the present and the same focus and expend the same bill. potential relationship of the country to What happened on it last time? We amount of energy on the more trivial the U.S. and the country’s weapons of ran out of time. It is pretty easy to run items, as opposed to concentrating on mass destruction capabilities and com- out of time on a bill, I am finding. This the truly dangerous items. That is pliance with multilateral export con- one is in trouble of running out of what we are trying to do. That is what trol regimes. In other words, if they time. I am hoping, because we were we talk about in building higher fences are cooperating with us and our allies, able to bring up this version at this around fewer things, but being able to they will be rated better. If they are a point in time, that that will not be the control them. If we try to control abso- rogue state, they will be rated terrible, case. lutely everything and expend an equal and that can vary as we find out things We need this bill. I emphasize, the re- amount of effort on each item that the about a country. There is no country authorization provides authority to United States produces, we don’t stand referred to by name in this bill, and control exports for commercial or dual- a chance of keeping up. So this bill fo- that is so that the President and the use items. I need to mention that be- cuses and gets some concentration and Congress have the total flexibility in cause we are not talking about muni- handles the problem. dealing with any country as they be- tions here. That is a separate process. I do happen to agree with Mr. COX come friends or as they become en- That needs to be reviewed, too. In fact, that S. 149 is structured in a way that emies. one of the suggestions we had was that will focus on the jugular, not the cap- Additionally, it will establish tough the fines in this bill should not get out illary. As everybody is aware, Mr. COX new criminal and civil penalties for ex- ahead of the fines in the munitions bill. chaired the Select Committee on U.S. port control violations much greater This is way out ahead of the fines in National Security and Military Com- than are in the current law. Those pen- the munitions bill. It was our sugges- mercial Concerns with the People’s Re- alties were outdated and needed to be tion that maybe if we cut the fines public of China. I mentioned that be- enhanced, and they have been enhanced back a little bit, that the munitions fore. It investigated several export- dramatically. These penalties will bill could be brought up to this so that control-related problems concerning deter potential violators, rather than there were sufficient fines in that bill. China and offered recommendations to be computed as part of doing business. At any rate, we don’t want the two improve our export control systems. He The bill establishes a program to in- confused. I don’t want to talk about noted during his testimony before the crease compliance with the freight-for- that very much because that has been Banking Committee last year that: warding firms—the people shipping the one of the difficulties with this. It gets We ought not to have export controls to items. This will in turn allow enforce- confused with munitions and satellites. pretend to make ourselves safe as a country. ment to detect and interdict possible These are the dual-use items. These are We ought to have export controls that work. illegal shipments. That is an improve- items that, yes, there could possibly be That is what S. 149 aims to do. It will ment over the old system. It increases a military application for them. If make export controls work. It will the overseas presence of enforcement there is a military application that make export controls effective. agents who conduct prelicense and would be detrimental to the security of The bill would establish a strong, but postshipment checks. this country, we have put in the provi- flexible, export control framework that A very important part of the bill is sion that the President of the United can adapt to our national security its emphasis on multilateral export States can set aside any other permis- needs in today’s globalized and uncer- controls—the report that we put out sion, any other possibility of licensing, tain world. Recent events tell us that this last Tuesday. Many dramatic and protect that item. We have in- as situations change, the administra- changes have occurred over the past cluded that national security aspect. tion should be provided with the flexi- decade that present additional chal- It does establish the modern effective bility it needs to adapt to that change. lenges to the effective control of sen- framework recognizing items available S. 149 does not lock the U.S. into a pol- sitive technology. The U.S. now is rare- in foreign or mass markets that are icy position toward any particular ly the only producer of militarily use- not effectively controlled. It puts country or any particular item. It sets ful high-tech product. The effects of stronger controls over a few items, the framework that the administration globalization, such as increased flows which should equal more effective con- would carry out. The Congress would of trade, foreign investment, and inter- trols. We are talking about building a then have the appropriate oversight re- national communications have contrib- higher fence around fewer items. I will sponsibilities. uted to the more widespread produc- talk about that, too. The bill provides the President with tion and availability of high-tech prod- I did have the fortunate opportunity authority to control items beyond cur- ucts. The threats are now different and to cochair and work with Congressman rent law. Section 201(d) of the bill—and more diffuse. Therefore, the bill urges COX on the study group to enhance I have mentioned this before—grants the administration to strengthen the multilateral export controls for U.S. the President special control authori- existing multilateral export control re- national security. Together we released ties for cases involving national secu- gimes. Multilateral export controls are

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3950 CONGRESSIONAL RECORD — SENATE April 26, 2001 the most effective controls. The U.S. the security agencies. So that is why EAA discussions that me and my staff has to exercise its leadership in this we have made some provisions to do have had with different groups be area now more than ever, and the bill something with computers. printed in the RECORD. provides a mechanism for encouraging Foreign availability: A lot of what The PRESIDING OFFICER. Without and, in fact, forcing that. was talked about isn’t current law. The objection, it is so ordered. Our position of world leadership in change in foreign availability is that (See Exhibit 1.) stemming the transfer of weapons of we have a Presidential set-aside. We Mr. ENZI. Mr. President, under the mass destruction is compromised by give the President authority to set present appeals system, for someone to our failure to enact a more permanent aside in national security instances. appeal a decision on licensing at the national vehicle to authorize our ex- We change the word ‘‘significant’’ down committee level, they have to talk to port control program. Passage of S. 149 to ‘‘detrimental’’ so it would be easier. their boss and educate their boss will reaffirm U.S. leadership in the But we are talking about the President enough about that particular license so area of export controls. U.S. leadership of the United States. their boss can file the appeal. There in this area has been lacking in large Who determines whether the Presi- has to be a lot of tension, particularly part because of Congress’ failure to re- dent of the United States sets it aside in the military, of someone having to form and reauthorize EAA. If we don’t for a significant security reason or a disturb somebody further up the line have good controls in place, it is very detrimental security reason? Actually, over a decision. Uniformly people difficult for us to talk to our allies and the President of the United States de- agreed there was some difficulty with ask them to join us in these multilat- termines that. So whatever he says is that. eral processes. detrimental or significant would be We have provided for an appeal in the I look forward to the President sign- detrimental or significant. It is very first round by the person sitting on ing this bill. It is essential that the easy for him to justify any of his ac- that committee. He prepares the docu- EAA be reauthorized and reformed this tions. ments now. As it gets up to the deci- We also call for multilateral controls year before August 20. Passage of S. 149 sion level, then the decision has to be when foreign availability is put in will advance both our national security made by people who are in office. place so it is not just the United States and our economic objectives. Did China get our secrets? Yes, China saying what cannot be done, it is all of Is this the final answer? No. There is got our secrets. Does this bill stop the countries that produce that prod- always going to be more work that is that? This bill stops it to the best abil- uct saying it cannot be so. That is the needed to be done on national security. ity I know, and it is certainly better Times change. We have had a drastic only way to solve that problem. I have to talk a little bit about the than doing it under an Executive order, change in the times. The Iron Curtain an emergency provision by the Presi- came down. But this bill operates the appeals process because there is some confusion on that. I suspect a lot of the dent. same way. We always have to be work- This bill is needed. We should be de- ing on it, but we have to have some- reason we are not debating this right now, why we are not proceeding to this bating it. We should be proceeding with thing in place now. We ought to be pro- whatever amendments are needed. The ceeding to the debate on this bill. We legislation is that there is some confu- sion. country desperately needs this bill. should be talking about those amend- I have a little trouble with the sug- Again, I thank Senator GRAMM, Sen- ments that were referred to earlier and gestion that we are moving ahead too ator SARBANES, and particularly my debating them now. We should be pro- fast. We did it last year. We met exten- ranking member on the subcommittee, ceeding on the debate. sively last year. We brought it up this Senator JOHNSON, for all of the hours If we can proceed on the debate, we year. We talked to all of the parties— they have spent on this legislation. We can reach a logical conclusion that will all of the parties—who were willing to are still willing to spend hours. We solve the security problems of the sit down and talk again this year. We want to have a debate. We want to pro- United States, or at least begin the brought it to committee. We debated it ceed. process. I could answer some of the in committee. We had amendments I yield the floor. other things, and I should answer some from the President’s staff. Those were EXHIBIT 1 of the other things that were men- circulated, and the people who were op- SUMMARY OF EAA DISCUSSIONS, 1999–2000 tioned. Computers is one of the items posing our motion to proceed had that was brought up, and it was men- Jan. 20, 1999, 10 a.m.—Subcommittee on meetings with the President. International Trade and Finance—Hearing tioned that we are taking out a provi- When we passed it out of committee, on the Reauthorization of the Export Admin- sion that has been present for a decade. everybody had to suspect that at the istration Act. Well, the way the computers operate first possible moment we could bring Jan. 28, 1999, 3:30 p.m.—Enzi staff meets now, as everybody in the country up this bill, particularly in light of the with Thompson staff to discuss issues re- knows, has changed dramatically. They August 20 deadline, that we would garding reauthorization of EAA. are not the same mechanism they once bring it up for the security of this Na- Feb. 8, 1999, 10 a.m.—Enzi staff meet with Gary Milhollin, Wisconsin Nuclear Arms were. They are being linked in unusual tion. We wanted to bring it up as soon ways to provide capabilities using older Control Project. as possible. Feb. 8, 1999, 2 p.m.—Enzi staff meet with machines or less capable machines This is one of those gaps in legisla- NSA staff. than some of the brand new machines. tive time that came up. We were asked: Feb. 9, 1999, 10 a.m.—Enzi staff meet with Another discovery: I sat by a guy on Do you want to bring it up now, par- Senate Intelligence Committee staff member the airplane and he was talking to me ticularly in light of what has happened (Joan). about supercomputers. I had to check with China? Mar. 16, 1999, 9:30 a.m.—Subcommittee on out what he said. He said the U.S. was We said: We need to bring this up at International Trade and Finance—Hearing no longer producing any supercom- any time we can, particularly in light on the Reauthorization of the Export Admin- istration Act and Managing Security Risks puters; that Japan is the only country of what has happened with China, both producing them. Do you know that he for High Tech Exports. now and in the past. Mar. 18, 1999, 3 p.m.—Enzi staff meet with is right? We have some special linkages We are not afraid of any amend- WMD Commission staff. of computer chips that provide as much ments. There are ways that a bill can April 14, 1999, 10 a.m.—Subcommittee on or more capability than the supercom- always be improved. That is why we International Trade and Finance—Hearing puter that Japan makes. But if you are have this legislative process in which on the Export Control Process. talking about a single computer, Japan 100 people participate. It is so every- April 28, 1999, 1 p.m.—Enzi staff meet with makes the supercomputer; we don’t. body can have a say from their perspec- Kyl staff. That takes out some of the mechanism tive. The group as a whole can deter- June 7, 1999, 9 a.m.—Banking staff meet for measurement that we used to have. with Cox Commission investigator. mine whether that is something that June 10, 1999, 10 a.m.—Banking Committee We need to have a knew measurement. needs to be a part of whatever legisla- Hearing on Export Control Issues in the Cox That is recognized by the Department tion is being considered at that time. Report. of Defense and the Department of Com- I ask unanimous consent that, fol- June 17, 1999, 10 a.m.—Banking Committee merce and the Department of State and lowing my remarks, the summary of Hearing on Emerging Technology Issues and

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3951 Reauthorization of the Export Administra- Fri., Feb. 18, 1 p.m.—Lott staff hosts third Wed., Mar. 8, 4 p.m.—Gramm and Enzi staff tion Act. meeting with Gramm, Enzi, Warner, Helms, provide other senators’ staff with revised June 22, 1999, 10:30 a.m.—Enzi meets with Shelby, Thompson, and Kyl staff in Leader’s Managers’ Amendment CRA00.262. John Barker, State Department. office; Gramm/Enzi staff provide document Thu., Mar. 9, 3 p.m.—Senator Warner gives June 23, 1999, 10 a.m.—Banking Committee outlining provisions that may be accepted. Senators Gramm and Enzi misdated letter Hearing on Reauthorization of the Export [45 min]. with attachment of proposed amendments to Administration Act: Government Agency Tue., Feb. 22 9:30 a.m.—Senator Lott meets Managers’ Amdt. Views. with Senators Gramm, Enzi, Warner, Kyl, Thu., Mar. 9—Senators Warner, Helms, June 24, 1999, 10 a.m.—Banking Committee Shelby, and Thompson in Leader’s office; Shelby, Kyl, and Thompson send another let- Hearing on Reauthorization of the Export Senators Gramm and Enzi identify three key ter to Senator Lott expressing ‘‘continuing Administration Act: Private Sector Views. issues in contention; agree to provide Man- concerns’’ with S. 1712 and objecting to mov- June 28, 1999, 4 p.m.—Enzi staff meet with agers’ Amdt. ing to its consideration. Mack staff. Wed., Feb. 23—Gramm and Enzi staff pro- Fri., Mar. 10, 12 p.m.—Senator Gramm July 29, 1999, 9:30 a.m.—Enzi staff meet vide Managers’ Amendment CRA00.098 to meets with Senator Warner (other senators with Kyl staff. other senators’ staff. represented by staff); gives him Gramm/Enzi June—July/Sept. 1999—Numerous meetings Fri., Feb. 25—Gramm and Enzi staff pro- final response document; asks for final deci- with Administration (BXA, State, Defense, vide pullout CRA00.120 regarding three issues sion from senators. intelligence), industry, Senators and staff to to other senators’ staff. Week of Mar. 13–17—Gramm/Enzi staff wait discuss draft EAA. Fri., Feb. 25—Senator Thompson sends a for response re 3/10 document. Sept. 16, 1999, 9 a.m.—Banking Committee letter to Senators Gramm and Enzi, cc’d to Thu., Mar. 16—Senator Gramm schedules staff meet with AIPAC staff. Senator Lott and the other senators, ex- members’ meeting for 10 a.m. Fri. 17th to get Sept. 23, 1999, 10 a.m.—Banking Committee pressing ‘‘grave concerns’’ about S. 1712. response to 3/10 document; postpones to fol- Votes 20–0 to Approve Export Administration Mon., Feb. 28, 4 p.m.—Senator Warner lowing week after being told that Kyl/Helms/ Act of 1999. holds SASC hearing on EAA; Senators Enzi Shelby not in town and Warner and his staff Sept. 27, 1999, 11 a.m.—Banking Committee and Johnson among witnesses. both ‘‘unable to attend.’’ meets with DoD staff to discuss S. 1712 Mon., Feb. 28, 6 p.m.—Warner staff host Mon., Mar. 20—Senator Gramm schedules issues. impromptu meeting with DOD and DOC offi- members’ meeting for 2 p.m. Tues. 21st to get Oct. 6, 1999, 10 a.m.—Banking Committee cials and Enzi and Johnson staff in SASC response to 3/10 document; postpones to later meets with AIPAC staff. hearing room; walk through differences [4 same week after being told that Shelby not Oct. 10, 1999, 10 a.m.—Enzi meets with hours]. back til Tues. night and that the senators Cochran. Cochran says he will not hold up Tue., Feb. 29, 10 a.m.—Warner staff host first need to meet to confer. consideration of the bill. meeting with DOD and DOC officials and Week of Mar. 20–23—Gramm/Enzi staff con- Oct. 20, 1999, 11:30 a.m.—Enzi meets with Gramm, Enzi, Sarbanes, Johnson, Levin staff tinue to wait for response re 3/10 document. Kyl. Kyl says we did not listen to his staff at in SASC hearing room [2.5 hours]. Tue., Mar. 21—Senator Warner announces all when putting bill together. Tue., Feb. 29—Senators Warner, Helms, sudden SASC hearing for Thurs. 23d; cites Oct. 25, 1999, 4:15 p.m.—Warner meets with Shelby, Kyl, Thompson, Roberts, Inhofe, and ‘‘considerable differences’’ remaining be- Gramm/Enzi. Warner staff (SASC Joan) says B. Smith send a letter to Senator Lott to ex- tween Banking and other senators. she has not seen the reported bill. Warner press ‘‘continuing concerns’’ with S. 1712, Wed., Mar. 22, 1 p.m.—House International commits that his staff will review the bill stating that ‘‘even with its proposed man- Relations Subcommittee on Economic Pol- and get back to us. icy reluctantly removes Senators Gramm Oct. 28, 1999, 4 p.m.—Gramm/Enzi meet agers’ amendment’’ the bill fails to address and Enzi from their witness list, and instead with Lott to discuss consideration of bill. concerns, and objecting to its consideration. holds hearing solely with industry witnesses; Lott says window is narrow. Will consider if Tue., Feb. 29—Senators Abraham and Ben- hints at marking up narrow EAA bills. it will only take one or two days. nett send a letter to Senators Lott and Wed., Mar. 22—[Other senators apparently Nov. 1, 1999, 6 p.m.—Banking Committee Daschle urging that they make Senate con- hold meeting to confer]. staff meet with SFRC staff (Marshall sideration of S. 1712 a priority. Thu., Mar. 23, 10 a.m.—Senator Warner Billingslea). He provides us with extensive Wed., Mar. 1, 2 p.m.—Gramm, Enzi, Sar- holds second SASC hearing, at which he list of concerns, mostly jurisdictional in na- banes, Johnson staff meet with business presses GAO witness to say S. 1712 ‘‘must’’ be ture. community in Banking hearing room. strengthened, and states that ‘‘the four Nov. 4, 1999, 3 p.m.—Banking Committee Fri., Mar. 3, 2 p.m.—Senators Gramm and chairmen have not received some legislative staff meet with SASC staff. SASC says they Enzi meet with Senators Warner, Helms, language which we feel is essential to mak- don’t know how the bill will impact military Kyl, and Thompson in Senator Gramm’s of- ing our decisions on this.’’ since military now incorporates more off the fice; walk through their concerns [3.5 hours]. Thu., Mar. 23—Senator Reid gives floor shelf commercial items. Mon., Mar. 6, 11 a.m.—Senator Gramm Nov. 5, 1999, 1:30 p.m.—Banking Committee meets with Senator Kyl in Senator Gramm’s statement urging Senate passage of S. 1712, staff meet with SASC staff, Hamre, NSA. office to discuss concerns [1 hour]. noting that its sponsors ‘‘tried to move a bill Dec. 14, 1999, 11 a.m.—Banking Committee Mon., Mar. 6, 1 p.m.—Senators Gramm, . . . but frankly, the majority is unable to staff meet with Thompson staff (Curt Silvers Enzi, Johnson, with Sarbanes staff, meet in join with us to allow us to move this bill for- introduces Chris Ford, new staff). Senator Gramm’s office to discuss concerns ward.’’ Fri., Jan. 21, 12:30 a.m.—Banking Com- raised [1 hour]. Fri., Mar. 24—Two weeks from the date on mittee staff to meet with Marshall Mon., Mar. 6, 3:30 p.m.—Senators Gramm which they gave the other seniors their final Billingslea. and Enzi meet with Senators Warner, Helms, offer, Senators GRAMM and ENZI receive a Wed., Feb. 2, 10 a.m.—Banking staff meets Shelby, Kyl, and Thompson in Senator letter dated March 23 from Senators WAR- with SASC staff. Gramm’s office; finish walking through their NER, HELMS, SHELBY, KYL, and THOMPSON. Wed., Feb. 9—Senators Warner, Helms, concerns [2 hours]. The letter stated: Shelby, and Thompson send a letter to Sen- Tue., Mar. 7, 8 a.m.—Senators Gramm and ‘‘As you know, on March 6 [sic], 2000, we ator Lott expressing concerns with S. 1712 Enzi meet with business community in provided you with a package describing the and requesting referral to the Committees on Banking hearing room to discuss ongoing issues that we consider critical to reaching Armed Services, Foreign Relations, Govern- member negotiations. an agreement on the proposed reauthoriza- mental Affairs, and Intelligence. Tue., Mar. 7, 4:30 p.m.—Gram and Enzi staff tion of S. 1712 [sic], the Export Administra- Wed., Feb. 9, 3 p.m.—Senators Gramm and meet with Warner, Helms, Kyl, Thompson, tion Act. We were disappointed that you Enzi meet with Senator Lott in the Leader’s and Shelby staff; walk through 4-page Man- were only able to agree to at most four of office. agers’ Amendment document [1.5 hours]. the eighteen issues we identified, and were Thu., Feb. 10, 5 p.m.—Senators Gramm and Tue., Mar. 7, 5:45 p.m.—Senator Lott brings unable to agree to some issues on which we Enzi meet with business community in Sen- up EAA by unanimous consent (Senator believed we had previously reached agree- ator Gramm’s office. Thompson raises concerns on floor but does ment in principle. Accordingly, we cannot Fri., Feb. 11, 10 a.m.—Lott staff holds not object). agree at this time to return the bill to the meeting with Gramm, Enzi, Warner, Helms, Wed., Mar. 8, 11 a.m.—Senators Gramm and Senate floor under the terms of the unani- Shelby, and Thompson staff in Appropria- Enzi meet with Senators Warner, Helms, mous consent agreement filed on March 8. tions Committee room [3 hours]. Shelby, Kyl, and Thompson at those sen- ‘‘There are important issues remaining to Tue., Feb. 15, 11 a.m.—Lott staff schedules ators’ request. Members agree to suspend be resolved, and we feel that negotiations staff meeting/canceled by Lott staff. floor consideration of EAA until details should continue in order to for there being Wed., Feb. 16, 12 p.m.—Lott staff holds sec- agreed; Gramm/Enzi provide revised 4-page hope for achieving an Export Administration ond meeting with Gramm, Enzi, Warner, Managers’ Amendment document and ask for Act that successfully balances the needs of Helms, Shelby, Thompson and Kyl staff in comments by the end of the day [1 hour]. industry and national security.’’ Leader’s office [2.5 hours]. Wed., Mar. 8, 12:30 p.m.—Senator Gramm Week of Mar. 27–31—Gramm/Enzi staff do Thu., Feb. 17, 3 p.m.—Banking staff hold takes EAA off floor via special UC agree- not hear from other senators’ staff. informational briefing re S. 1712 for all Sen- ment among Senators Lott, Daschle, Thomp- Week of Apr. 3—Gramm/Enzi staff do not ate staff in Banking hearing room. son, Reid, and others. hear from other senators’ staff.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3952 CONGRESSIONAL RECORD — SENATE April 26, 2001 Tues., Apr. 4—Senator MCCAIN holds hear- served as Chairman of the Joint Chiefs world stage do not gain access to our ing on S. 1712, at which he expresses concern of Staff under Presidents Reagan and technologies that could aid in advanc- that the bill does not adequately protect na- Bush; two tours in Vietnam, decorated. ing their weapons programs, detri- tional security. Senators THOMPSON and ENZI I do not think there is a question about mental to our national security inter- testify. Tues., April 11—Gramm staff call the staff whether Secretary Powell or Vice ests and the national interests of the of other senators to alert them that Senator President CHENEY would risk national world. LOTT planned to make a pro forma effort to security for the dynamics of any legis- We will begin to build a missile de- bring up S. 1712 by UC on Wed., at which lation, but yet they strongly support fense system in the near future because point Senator GRAMM would object pursuant this bill. of the real and growing threat posed by to the gentleman’s agreement made with the Our current Secretary of Defense, infant ballistic missile programs in other senators on Mar. 8; and that Senators Don Rumsfeld—we all recall that Sec- other nations. The world’s collective LOTT and GRAMM then would file a cloture on retary Rumsfeld is on his second tour failure to prevent nuclear proliferation a motion to proceed to S. 1712. of duty as Secretary of Defense. I ask is a constant threat to civilization. We Wed., Apr. 12—At Senator LOTT’s request, the same question about Secretary need an export control regime that rec- Senators GRAMM and ENZI give Senator LOTT ognizes the real threats to this Nation, two cloture petitions (one on a motion to Rumsfeld: Would he, in fact, be sup- proceed to S. 1712, and one on S. 1712); both porting a bill that would jeopardize the to our allies, to all the world and, at were signed by 16 Republicans representing a national security interests of this the same time, recognizes the utter fu- broad diversity of states and of Senate Com- country? I do not think so, nor do I tility of trying to control everything. mittees (including SASC, SFRC, SGAC, and think President Clinton would have This bill is based on the premise we SCST). risked the national security interests need to build a higher fence around a Wed., Apr. 12—Senator THOMPSON holds smaller number of items, just as Sen- of this country, nor do I believe Presi- SGAC hearing on multilateral export con- ator ENZI said a few minutes ago. In dent Bush would risk the national se- trols. the 1970s, you could track high-per- curity interests of this country. Apr., May—Gramm/Enzi staff do not hear formance computers worldwide because from other senators’ staff. So this talk about national security there were fewer of them, less sophisti- Thurs., May 25—Senators THOMPSON and not being well thought through and not cated, less powerful, easy to do in a bi- TORRICELLI hold a press conference on S. being advanced and prioritized, that polar world—the Soviet Union and the 2645. According to press reports, Senator somehow we are selling out to big busi- United States. Today, computers with THOMPSON said that in his opinion, legisla- ness and commercial interests, with all tion to reauthorize the Export Administra- nearly unlimited power, far more pow- due respect, that is nonsense. That is tion Act is probably dead as a stand-alone erful than anything we saw in the 1970s complete fabrication. measure in 2000; when asked whether he was or the 1980s, with far more capacity Senator ENZI talked a bit about the partly responsible, he replied, ‘‘Let’s just say and capability, are available at Radio current law, the current rules, restric- that truth and justice were served’’ Shack. Are we going to shut down Fri., May 26—Senator THOMPSON holds tions, and regulations that we are deal- Radio Shack? Let’s get real with a SGAC hearing on mass market/foreign avail- ing with today. Does it enhance our na- sense of economic sense in how we deal ability; no Administration witnesses are in- tional security? Is it relevant to to- vited with this. day’s challenges? No, it is not. This up- Many components manufactured and The PRESIDING OFFICER. The Sen- date, this new bill makes our export ator from Nebraska. sold in the United States are repro- control regime relevant to the chal- duced by foreign competitors with lit- Mr. HAGEL. I thank the Chair. lenges of a very complicated new Mr. President, what is the time ar- tle lapse of time or effort. The world is world. simply too integrated. Some may not rangement? Is Senator ENZI controlling America is faced with a very chal- like that, but it is a fact of life. Capa- time? lenging dilemma. We live in an unpre- bilities abroad advanced so far to put The PRESIDING OFFICER. There is dictable and dangerous world. Part of the old system in jeopardy are not no control of time. our dilemma is a result of the fact that working, and we are dealing now with Mr. HAGEL. Mr. President, I rise this America leads the world in products an old system that, in fact, is not effec- afternoon to support the Export Ad- and technologies that can be used for tive. It is no longer relevant to today’s ministration Act of 2001. I support the the best possible technologies, ends, global economy and national security effort to move this debate along for all and purposes and also the worst tech- interests and world threats. the reasons my distinguished col- nologies, ends, and purposes. Our exports must recognize the reali- leagues have mentioned. Again, there is no higher interest for ties of today’s worldwide interconnec- I am an original cosponsor of this America than our national security in- tions. The President of the United bill. I have participated in a number of terest. We all agree America’s national States, Secretaries of Commerce and the hearings over the last 2 years, so I security interest is its most funda- Defense, our entire intelligence com- have some sense of the thoughtfulness mental interest, so let’s not cloud this munity, and our business community and the depth of the hearings, the tes- debate about that. can all work within this legislative timony taken and the analysis given to While always putting our national se- structure to provide a flexible export this bill. I do want to make some brief curity first, our responsibility and regime and continue to protect our na- comments, but as I lead into those challenge is to develop a workable and tional security interests. This bill es- comments, I want to make a couple of relevant balance that allows America’s tablishes a system which meets both general observations. economic and trade interests to be pro- our security and commercial concerns. First, Senator ENZI said a few min- tected as well. That is the challenge. In Only a control regime that raises the utes ago that the previous administra- fact, our economic and trade interests fence on the most critical dual-use tion supported this bill and the current are very much integral and part of our technologies makes any sense. Our di- administration supports this bill. The national security interest. They are lemma on exporting technology can current administration consists of Vice not separate. You do not deal with only be solved by making control of President CHENEY, who has some prac- trade and economic interests in this critical technology a critical issue. Ex- tical and working knowledge of na- vacuum and national security interest porters and national security officials tional security as he served with great in this vacuum. It doesn’t work that need clarity. distinction in the House of Representa- way. We should not treat exporters as un- tives, was the No. 2 Republican there The Export Administration Act of patriotic or unconcerned about pro- for years, and he was our Secretary of 2001 is a very important piece of legis- liferation or our national security in- Defense at a very critical time in the lation. It represents an effort to deal terests. I have heard in the Senate over history of this country. with this balance, to come to grips the last year not so veiled charges to Secretary of State Powell supports with the realities of this balance: How that point. I have heard in the Senate this bill. Secretary of State Powell’s do we ensure we continue to sustain things such as the almighty dollar is entire life has been about national se- our economic growth and yet ensure, most important for many of the cor- curity as he served as National Secu- as best we can, that Saddam Hussein porations of America. My goodness, rity Adviser to President Reagan, as he and other dangerous tyrants on the what are we saying?

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3953 I come from the business world. I am in the global marketplace. As reported, S. colleague. The question is the same: a businessman personally offended by 149 includes a number of changes that the Essentially, as a good Republican, why that kind of statement. I don’t know Administration sought to strengthen the wouldn’t you support the Republican one businessman—there may be a busi- President’s national security and foreign administration with all its expertise on policy authorities to control dual-use ex- nessman out there—I do not know one ports. The Administration will continue to this? I guess part of my answer is if the responsible corporate citizen in this work with Congress to ensure that our na- Senator from South Dakota is willing country who would say to me privately tional security needs are incorporated into a to abide by the expertise and rec- or publicly that the interests of his or rational export control system. ommendations of this administration her company are more important than PAY-AS-YOU-GO SCORING on all matters from here on, I would al- the national security interests of this S. 149 would affect receipts and direct most be persuaded to sit down and to country. It isn’t true. Be careful about spending; therefore, it is subject to the pay- pocket his votes on the tax cuts, edu- throwing around loose language, say- as-you-go (PAYGO) requirement of the Om- cation bill, all the defense matters that ing many of America’s companies and nibus Budget Reconciliation Act (OBRA) of come before us, and everything else. corporations are more concerned about 1990. OMB’s preliminary scoring estimates is The fact is, reasonable people can dif- their bottom line than the national se- that the PAYGO effect of this bill is mini- fer. The Senator from South Dakota curity interests of this country. That is mal. Final scoring of this legislation may de- can agree with the administration on viate from this estimate. not correct. some things and disagree with them on This legislation provides a structure The PRESIDING OFFICER. The Sen- others, just as people on this side of that will allow our exporters to be ator from Arizona. the aisle can do. So it is no great argu- partners in the overall objective of Mr. KYL. Mr. President, first, I ex- ment to say if you belong to the party helping to prevent weapons develop- press regret the Senate is being asked of the President, you have to walk in ment by the world’s most dangerous to take up this legislation at this time. lockstep with the President or some- and irresponsible dictators. We need to As pointed out earlier, the Export Ad- how there is a suggestion that your po- work more closely with our allies to ministration Act, which this bill reau- sition is tainted. continue to enhance multilateral con- thorizes, with changes, has not been re- But let me go on with my point. authorized for over a decade. It is not Mr. JOHNSON. If I might respond? trols and reporting on the movement of Mr. KYL. I will be happy to yield for sophisticated technologies. as if there is an emergency to do it this week. We have lived without a reau- a moment. America continues to provide the Mr. JOHNSON. I will be very brief. I leadership and the negotiating process, thorized bill for over 10 years. What we have done is reauthorized it appreciate the Senator’s thoughtful re- as we have from the beginning, for marks. I do not want to delay his pro- more effective, multilateral controls. on a year-to-year basis from time to time—most recently, last year. I be- ceeding with those. This bill ensures continued U.S. par- The question is not whether the Sen- ticipation in multilateral export con- lieve it is in October that reauthoriza- tion runs out, so we have to take some ator supports the White House on each trol regimes that support U.S. national and every issue. The question simply action before that time. I believe we security objectives. The United States is, Does the Senator support the ad- should. I believe the Senate should act will continue to exercise its leadership ministration and Colin Powell and the on this legislation before that time. I in export controls worldwide under this defense establishment of this adminis- suspect there will be some amendments bill. tration on this specific issue? In conclusion, I acknowledge Chair- offered. I suspect there will be a The point the President has made is healthy debate. man GRAMM and Senators ENZI, SAR- that he wished this legislation would But at the end of the day, in one BANES, and JOHNSON. These four have be brought up in a very timely, very worked tirelessly, effectively, over the form or another, the bill will pass and expeditious manner. The question is last 2 years to bring together a respon- the Export Administration Act will be not whether he supports the Presi- sible, relevant piece of legislation of reauthorized as significantly modified. dent—of either of our parties, all the which we can be proud, and I am proud President Bush, when campaigning, time. Certainly we do not. The ques- of being part of it. They have developed campaigned on that promise, and he tion is whether there was a disagree- a commonsense and strong proposal for has made good on that promise by sup- ment with the defense establishment of improving the current system. I look porting this legislation. I appreciate this administration on this specific forward to continuing to work with that effort on his behalf. But I think it issue. them to get this legislation enacted so would be wrong to suggest that it was Mr. KYL. I appreciate the question we can update America’s approach to the administration that requested the being reasked by the Senator from export controls for this hopeful new bill be considered at this time. South Dakota, and my answer is as I world where all 6 billion people reside The administration was asked by a indicated and as I will continue to together. That is doable. Let’s get on group of Senators who have expertise demonstrate in my remarks. I think it with the work at hand. in national security matters to evalu- would be a mistake for us to take the I yield the floor. ate the bill that is before us. In less position on either side that this is an Mr. JOHNSON. I ask unanimous con- than a 2-week period that evaluation all-or-nothing proposition. It is not. was complete, and it was done largely sent to have printed in the RECORD a I respect, for example, the work of document I received from the White by people about whom Senator THOMP- Senator ENZI from Wyoming, a member House and their Office of Management SON was talking this morning, who are of the Banking Committee, who has and Budget, a statement of administra- not new additions to this administra- worked very hard on this issue, and in tion policy expressing support for S. tion. Meeting this morning with Sec- good faith, and his chairman, Senator 149 and also clarifying that there is retary Rumsfeld, we found that there GRAMM. There is no one in this body for minimal pay-go consequence to this are only two confirmed positions in the whom I have greater respect than Sen- legislation. Defense Department—Secretary Rums- ator GRAMM, the chairman of the com- There being no objection, the mate- feld and the No. 2 person in the Defense mittee. Because they are putting this rial was ordered to be printed in the Department, Secretary Wolfowitz: legislation forward at this time, and That is it. So it is not as if a new Bush RECORD, as follows: some other Senators disagree on na- team has evaluated this legislation, tional security grounds as to whether STATEMENT OF ADMINISTRATION POLICY has had the time to give it the kind of it is exactly the right bill to be passing The Administration supports S. 149, as re- critical look I had hoped it would be at this time, I would think it abso- ported by the Senate Banking Committee. able to do. lutely appalling that anyone would The bill provides authority for controlling Mr. JOHNSON. Will the Senator question in any way their commitment exports of dual-use goods and technologies. yield for a question? The Administration believes that S. 149 to national security because that would allow the United States to success- Mr. KYL. I would like to continue would simply be wrong. fully meet its national security and foreign making a point. The Senator has had By the same token, it would be policy objectives without impairing the abil- quite a bit of time. I will note, how- wrong for anyone to question the sin- ity of U.S. companies to compete effectively ever, I have heard the questions of my cerity or the knowledge of those who

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3954 CONGRESSIONAL RECORD — SENATE April 26, 2001 may oppose every jot and tittle of this cent months. It has continued to hold tent that is the way it is played—and it legislation on the grounds that they and has arrested people, some of whom will be played that way by the media— are somehow either not in synchroni- are U.S. citizens or relatives of U.S. we send a very bad message to our zation with the administration, not in citizens, without much explanation, friends in China. It is a message that favor of free trade, or somehow caught and it has acted very negatively to the trade trumps national security. That is in cold war legislation, or something of U.S. response to these actions. wrong. It would be an incorrect inter- that sort. This is all in the context of a buildup pretation. But that is a message that I Anytime you get that kind of per- of military might across from Taiwan, guarantee you will be in the headlines sonal suggestion in a debate, it lowers accompanied by threats that if Taiwan and in the papers to the extent that the tone of the debate and is not pro- does not negotiate its return as a prov- people pay attention to this debate. ductive to a rational and constructive ince to mainland China, there is a pos- I am trying to bend over backwards solution to the problem. sibility that China would use force not to characterize it that way. The What is the problem? We need to re- against Taiwan to achieve that reunifi- people who are sponsoring this bill are authorize the law in a way that prop- cation. very interested in national security, erly melds both the trade and national This is all quite troubling, and it is a and they believe they have crafted a security ramifications. There are those circumstance that requires great care bill that meets national security re- in this body with a great deal of exper- on the part of the United States. We quirements, as does the administra- tise in national security matters who want to live in peace with China. We tion. have come to the conclusion that the expect we are going to be able to do There are others who very much be- bill that came out of the Banking Com- that for decades and decades. We would lieve in free trade and expanding our mittee would in some respects be inim- like very much to have good trading trade with China but who believe there ical to national security and have relationships with China. But we also are additional changes that need to be asked for an opportunity, a greater op- understand that there are some ten- effected in this legislation and that it portunity, to try to work out some of sions in our relationship. can best be done before the bill is the differences they have with the Part of the reason for these tensions brought to the floor for the amendment sponsors of the bill. is, I suspect, misunderstanding be- process. These are not people without exper- tween the leaders of our two coun- It will be a wrong message, but it tise. We are talking about committee tries—misunderstandings, frankly, be- will be, nonetheless, a message that chairmen of every committee in this tween the peoples of our two countries. will be delivered, and I guarantee you body that has jurisdiction over na- It is frequently said we just do not un- that the longer this debate goes on the tional security matters; specifically, derstand the Chinese well enough and more of us are going to be called by the Senator JOHN WARNER, chairman of the we do not deal with them very well as talk shows. They are going to call, for Armed Services Committee, who I be- a result. I suspect the converse is true example, the Senator from Wyoming lieve is going to be here within the as well. So there is a great deal of talk and myself. They are going to say: Will hour to speak to the issue; Senator about sending messages. I think it is the two of you debate trade versus na- SHELBY, who is chairman of the Intel- important for us not to send the wrong tional security? Both of us are going to ligence Committee on which I sit; Sen- messages. say that we really do not want to de- ator THOMPSON, who chairs the Govern- I think in this regard the President bate this issue in those terms because mental Affairs Committee, the com- was masterful in his handling of what that is a false dichotomy. But that is mittee that had the jurisdiction to was a serious crisis. A country was im- the way it is going to be interpreted. It look into Chinese espionage and other properly holding U.S. citizens. The would be the wrong message at this matters; Senator MCCAIN, chairman of President, in a very understated but crucial time in our sensitive relations the Commerce Committee and also a very firm way, was able to effect the with China. China represents only member of the Armed Services Com- return of our people and I hope not something like 1 percent of our trade mittee; and Senator HELMS, chairman send any negative messages and in fact and much less than that relates to dual of the Foreign Relations Committee. send some pretty positive messages, at technology. All of these Senators have extensive least designed to elicit cooperation In some sense, this whole question experience in matters relating to our from China. about what kind of export controls to national security. He was very sensitive, in other put on dual technology items is much I have not added up the combined words, to the notion of what kind of overblown. It is not nearly as impor- years of wisdom represented by them, messages were being sent. He sent an- tant as a lot of people would have us but it is not inconsiderable. They have other message when he decided to sell believe. We are not talking about an all raised a red flag. None of them has defensive arms to Taiwan—arms nec- amount of trade that is going to affect said they are opposed to reauthoriza- essary for Taiwan’s defense in the face the U.S. economy, or even any specific tion of an Export Administration Act. of an attack by the PRC. That has segment of our economy. We are talk- All of them assume we are going to do grated on the PRC. And they reacted ing about a very small number of this. But all would like to do so in a publicly to it. But he was very candid items. way that accommodates both interests. and clear about obligations of the I happen to agree with the authors of These Senators simply are not of the United States in this regard. Again, he the bill that there are many items that view that we have had the opportunity sent the right message: We mean you can be decontrolled. That is the word to do that yet. no harm. Obviously, we want to avoid we use. It is now possible because of I spoke to the issue of timing a mo- conflict. the evolution in technology to take ment ago. There is another reason I The best way to do that is to ensure items that were at one time deemed to think it is unfortunate that the legisla- that Taiwan can defend itself because, be sophisticated off the list because tion is brought up right now. Not only obviously, we wouldn’t want the PRC they are simply no longer state of the is it not critical that it be done this to be tempted to engage in any kind of art, and they are no longer all that use- week or even this month, I am fearful belligerent activity toward Taiwan. ful if applied to military weaponry. that having this kind of debate at this Messages that are sent are very im- That is one of the features of the bill time could very well send the wrong portant. My fear is that by acting on that I think is good. I think we all signal to China. China is very much in this legislation at this time, whatever agree with that. But I also think it the news today. It holds our reconnais- we end up doing, we are going to end up would be a big mistake to assume that sance aircraft. It improperly held sending the wrong message. To the ex- just because the cold war is over there American crewmen for 11 days. Its tent that this debate boils down to a is no longer any concern or shouldn’t pilot wrongly and accidentally endan- question of whether or not those who be any concern on our part and any jus- gered the lives of our crew members, in are in favor of enhancing trade prevail tification on national security grounds the process of which he lost his own over those who are involved in trying for controlling the exports of tech- life. China has been making extraor- to preserve our national security—a nologies which have dual uses; that is dinarily belligerent comments in re- very false dichotomy—but to the ex- to say, both civilian uses and military

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3955 uses. It would be just as wrong to char- Just because an item is available literally thousands of items on the list acterize the proponents of this legisla- someplace else doesn’t necessarily of dual-technology materials or serv- tion as believing in that. mean that it is comparable, or that the ices that could be, in effect, decon- There is a middle ground. I think one United States should allow our product trolled through this legislation. I cer- of the problems with the legislation to be exported even when we know that tainly do not have time to go through that has not been adequately addressed its use will be embedded in military all of them. Let me give you some is the fact that a new regime has been equipment and it could be used against ideas of what some of these are. I have introduced. The regime is that if these the United States in the future. a very lengthy report which, given the items are readily available, either do- That is part of the problem. While time, I will be happy to go through in mestically or on the foreign market, the legislation itself grants to the some detail because I think it is most then they are no longer subject to the President, and only the President, the illustrative in relation to those who be- same kinds of stringent controls that ability to waive certain of these re- lieve there is not much of a problem. they were before. That something has a quirements, even the President is lim- One of my colleagues said that you can dual application to both civilian use ited. He can only do it three times. He buy it all from Radio Shack. The truth and military use, by definition vir- can only do it for 6 months at a time, is, you cannot buy all this from Radio tually everything that we are con- and after 18 months even he can’t con- Shack. Yet it has enough availability cerned about will, therefore, have ap- trol the item or require an export li- to escape the requirements of an export plicability because it will be available cense for it. license. either in the United States or on the There are some significant concerns We talked about the Chinese com- foreign market for civilian uses, and, that I think we have to be aware of be- pany that helped Iraq outfit its air de- therefore, for military uses as well. fore we just necessarily assume that fenses with fiberoptic equipment. This That is the definition of dual-use because we are all for free trade—and results in high-speed switching and technology, and that is the concern we most of us are for free trade—therefore, routing. That equipment is all provided have. The mere fact that something is we ought to adopt this legislation. by U.S. companies which, by the way, available to be purchased in the United The very fact that the President just would like to sell some additional States or abroad for civilian purposes this week announced the arms sales to items, various communications tech- doesn’t necessarily mean we should for- Taiwan because of the threat that nology, to the very same Chinese firm get about any kind of restrictions with China poses to Taiwan should give us that provided this technology to Iraq. respect to its export, irrespective of some pause. China is the same country Is that what we want to be doing? I am whether its export might result in its which bought fiberoptic-cable tech- not so sure. I think we want to think use in military equipment that could nology items from American compa- about this very carefully. be used against the United States. It nies and then was found to have helped We ought to have the ability to deny doesn’t mean that at all. the Iraqis imbed those fiberoptic cables an export license for this kind of dual- Yet because of provisions of this bill, in Iraqi air defenses causing the United use technology to a company such as it is going to be very difficult to regu- States enough concern that in Feb- the Chinese company that bought it in late the export of items which one can ruary the President ordered U.S. jets— this case. Yet under this bill these argue are available either in the United and British jets accompanied ours—to technologies would be determined to States or abroad. carry out airstrikes against those very have foreign availability because of Why is that argument so important? same Iraqi air defense systems. It was their marketing abroad, and they When it comes to U.S. military because of the upgrade through the in- would meet the mass market criteria equipment, we have always had supe- stallation of the fiberoptic cable pro- in the bill. Therefore, unless the Presi- rior technology, and while it is possible vided and installed by China. dent himself exercised the authority that a particular item might be avail- Fiberoptic cable is a dual-use item, that I talked about, they would be eli- able in another country—I am just and it is of considerable strategic im- gible for export. speaking hypothetically. But let’s say portance. Its export to China is permis- That is a very recent example. Let’s the French manufacture it, the Israelis sible under Senate bill S. 149. Let there go back to look at some other exam- manufacture it, and maybe the Ger- be no mistake, fiberoptic cable not ples. There were news stories at the mans manufacture it as well as the only increases the amount of data that time of ball-bearing grinders purchased United States. It doesn’t necessarily can be transmitted, virtually exponen- from the United States. Since then, stand true that all of those items are tially, but it is also extraordinarily dif- there have been quite a few public re- equal and that purchasers of those ficult to intercept signals in fiberoptic ports, although much of it is classified. items are indiscriminate with respect cable as opposed to, for example, But the fact is, in the 1970s the Soviet to from whom they buy it. If that were through microwave transmissions or Union purchased ball-bearing grinders the case, it wouldn’t much matter un- through regular copper wire. from the United States ostensibly for less the U.S. products were a whole lot This is an item that is in clear use all its use in civil industry. It used them, cheaper. These other countries are over the United States. You can buy it in fact, to produce pin-sized bearings going to be able to export their prod- on the market. But when it is applied for use in the SS–18 guidance system. ucts, in any event. to certain kinds of military uses, such The SS–18 is the most fearsome weap- The truth is that in most cases, even as military equipment, it can become on on the Earth today—a nuclear- when U.S. products are more expen- very dangerous to the United States. tipped intercontinental ballistic mis- sive—in some cases much more expen- We have actually taken action against sile. These ball bearings are crucial to sive—they are the items that are it for that very reason. produce the guidance system capable of sought because other countries under- Why should we liberalize its export ensuring the very high degree of accu- stand that for various reasons the U.S. to countries? If Iraq could have gotten racy which this missile possesses. product is superior. Some of these that equipment and China could have Those are the missiles that could incin- products have intelligence components gotten that equipment from anywhere erate every American living today. The associated with them. They know that else in the world, why didn’t they? guidance systems are perfected because in certain cases other countries have They buy it from the United States be- of the ball bearings produced by equip- certain capabilities with respect to cause we have the best products. If we ment that the United States sent. that equipment that makes their use deny that for military use to countries These precision machine tools and suspect. Not so with the United States. in the world that we do not want to ball bearings are controlled by the They know they can buy these prod- have it, then they are going to have to Commerce Department under the au- ucts from the United States and have accept an inferior product, one which thorities granted by the Export Admin- no worry about being compromised presumably, at least, hopefully, we istration Act. But under the legislation through their use. They cannot be so would be able to deal with much better pending here, these items would be sure with respect to the very same than our own particular product. available to foreign sources. The bill item that they might buy from some- Let me try to also put in perspective prohibits export controls on them un- one else. what all the bill relates to. There are less the President is able to set aside

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3956 CONGRESSIONAL RECORD — SENATE April 26, 2001 the determination. And he can only do uses and also very sophisticated and, in to judge something to be available. If that for 6 months at a time. some cases, very dangerous military the market that they really want to Submarines have to be quiet in order uses. buy from is the U.S. market, then to be effective. The advantage of The question is, just because you can maybe the availability of a so-called United States submarines is that they buy them for civilian purposes, should comparable foreign product isn’t as are the quietest submarines in the the United States be allowing the ex- great as we might think it to be. That world. The other side cannot detect port of these items, without some con- is an element that needs a further them, and we can pretty much go trol, to nations of the world that we look. where we want to at will. believe would or could use them There is a very interesting example The dual-use technology control list against us? that was pointed out by Gary Milhollin contains numerous technologies that In some cases, we use the export con- of the Wisconsin Project on Nuclear can be used to make submarines quiet- trol regime for the purpose of not pro- Arms Control. He noted that high-pre- er. This technology is, to some extent, hibiting the export but providing some cision electronic switches needed to available from foreign suppliers. Its ex- conditions on it or limiting it in some detonate nuclear weapons would be de- port should be regulated to prevent na- way. Part of the ability to calibrate controlled under the act because of tions such as China from freely pur- what we allow to be exported is lost as their civil application in medical in- chasing it from American companies. a result of the specifics of this legisla- struments. I believe this device is used While foreign submarine manufactur- tion. in the lithotripters, the equipment now ers such as Russia and Sweden have I am sure my colleagues would agree that can actually blast apart gall made great strides in submarine tech- with me—those who are supporting stones so you don’t have to painfully nology, we think U.S. technology is su- this legislation—that in some cases we extract them from an individual. They perior, and it is unique to U.S. sub- may want to ultimately grant the ex- are blasted apart and taken out like marines, and, if nothing else, its export port license but to have certain condi- little bits of sand. The electronics of could compromise the vital capability tions on them. that are the very same electronics that of U.S. submarines. One of the conditions we have had in are used in the nuclear detonation There are those in Government who the past, for example, has to do with components of weapons. also like to talk about something a lot who the end user is. There are some Similarly, he points out that glass more mundane. I am choosing exam- fairly well-known cases of situations in and carbon fibers are used in ballistic ples almost at random, but this caught which we thought that the end user and cruise missile construction as well my eye: a variety of devices that can was a civilian entity, and it turned out as in the enrichment of uranium for be used to torture prisoners. not to be the case. I have in mind two nuclear weapons and that they could be We are now talking human rights, cases. One of the cases is where McDon- decontrolled because of their use in the folks. These devices that can be used to nell Douglas—a very prominent com- manufacture of skis and tennis rackets torture prisoners—some of which are as pany; a company that was formerly in and boats and golf clubs. We have mundane as electric prods and shock my State, as a matter of fact—thought heard recent reports in the news about batons and shackles, and so on—are it was selling machine tools for the the possibility that different coun- controlled for export due to human manufacture of civilian aircraft, and it tries—Iraq comes to mind—might be rights considerations. You can get turned out it went to China for the pro- buying some of these items off the these on the open market. If you are a duction of military aircraft. shelf in fairly huge quantities. Every- bad guy, and you go shopping for them, We also had some very sophisticated one asks: Why would they be buying so you can find them somewhere in the computers that we did not want to go many of those? The speculation is, of world. to a military end user in China. It course, that it just might be because Should the United States be selling went, I think, to a research institute. they want to apply them to one of them to countries that we know engage But it ended up in the wrong hands. My their military uses. in human rights abuses? That is the recollection is, in that case, because of kind of consideration that distin- some limitations we had put on the ex- I mentioned maraging steel before. guishes America from many of the rest port license, we were able to pull it This is a very special kind of steel that of the nations of the world. We just do back. is used in the manufacture of solid not sell equipment and items to other There are cases where if you have rocket motor cases, propellant tanks, countries that we know will be used to some ability to regulate the specifics and interstages for missiles as well as hurt people improperly, even though of how the license is granted, you can in the enrichment of uranium. It would that equipment can be obtained from actually prevent items from falling be decontrolled because its application other places. into the wrong hands. in commercial rocketry and also the It is perhaps a small point, but I I haven’t talked about computers fact that in many forums it is available think it makes a big difference. Even if yet. We know that high-performance in other countries. There are many people can buy something from some- computers are one of the main areas of other items. place else, it is not necessarily a good contention here because the evolution I will summarize a couple: Corrosion idea for the United States to be selling of the technology is so rapid now that resistant valves used in the enrichment it, again, partially because of the sig- something that was really leading edge of uranium for nuclear weapons; they nals that we send. a year or 18 months ago is relatively are also used in the commercial paper, I may, if I have a little time later, passe today, overtaken by much more energy, and cryogenic industries. This also discuss in greater detail about high speed and capable computers. U.S. is a list of pretty deadly serious mili- technology that relates to the produc- computer technology exceeds that of tary applications of items that none- tion of nuclear weapons, nuclear reac- all foreign competitors, yet our manu- theless would be decontrolled under tors, tritium plants, fissile material, facturers argue for more and more lib- this legislation because of their appli- liquid and solid propellant rocket en- eral ability to export, to the point that cability to civilian uses as well. gines, chemical and biological proc- the Clinton administration, for all I talked in the beginning about a essing equipment, encryption software, practical purposes, eliminated controls concern I had that this legislation is flow-forming machines for a variety of on high-performance computers with- being debated at the wrong time. I production applications. All of these out any compelling evidence that rea- hope I am not, by articulating this list are items that are on the dual-use con- sonably comparable foreign systems of items—and again, we can talk about trol list. were seriously sought by foreign cus- a lot more—leaving the impression I am going to talk a bit about tomers. that there is no role for the approach maraging steel and gas centrifuges in That brings up another question. of this legislation to get rid of a lot of just a moment. But suffice it to say, on There isn’t any real definition in this items on the list that have both civil- this list there is page after page after bill of what we mean by ‘‘availability.’’ ian and military applications. The leg- page of items that have dual uses; that It is a very subjective term. One won- islation moves in the right direction is to say, perfectly permissible civilian ders why or how it is that we are going because there are a lot of items that

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3957 don’t need to have this kind of regula- was called the munitions list, where has conducted studies on this that are tion. There are some that do. The ques- the State Department would have the very significant relating to its satellite tion is, have we discriminated properly authority to require license, we launch vehicle. in drawing the dividing line between wouldn’t have had the same degree of All of these are items that would be those that do and those that do not? control over them that we do today. impacted by this legislation. The ce- There is another provision of this bill This is the kind of thing that can hap- ramic composite materials are a new that has to do with another way we can pen. and increasingly important kind of ma- judge whether or not something would Again, the timing is wrong here be- terial because they don’t conduct elec- be automatically exempt from the ex- cause we are forced to talk about situa- tricity. Therefore, they have some very port control regime. It has to do with tions involving China over and over unique military applications. They how much value an embedded compo- and over again. I don’t particularly have been used in ballistic missiles and nent has. On the surface, you would care to do that. This is a time when it reentry vehicle antenna windows, for say, what difference should that make? would be nice if we could kind of lower example. They are produced, by the If you have a very highly classified the rhetoric and try to develop a rela- way, by companies in France, Ger- component and it represents only, let’s tionship with China which very clearly many, India, Japan, Russia, as well as say, 10 percent of the cost of an item, states our goals and tries to deal with the United States. simply because it is only 10 percent of China in a way that doesn’t result in Laminates: Again, missile parts are the cost of the overall item, should more belligerency on their part. often made from these other kinds of that mean that the entire item is de- By the authors of the legislation materials. Composite structures and controlled and another country has the being insistent on bringing it up now, laminates are materials used in rocket ability, then, to reverse engineer the some of us have no choice but to use systems, including ballistic missiles entire component so that it can take examples that are, unfortunately, very and space vehicles, and they are pro- out the part that is highly classified? real examples of where we believe that duced in a whole variety of countries, That is what this legislation allows. sensitive technology has been either including the United States. It says that if only a certain percent- sold to or acquired by China in ways There are military applications to age of the value is in this very highly that this legislation would not prevent. something called crucibles. These are controlled component, you can go I wish we didn’t need to talk about used to melt and reduce and cast ura- ahead and sell it. There is sort of a pre- that at this time, but since they are nium and plutonium for nuclear explo- sumption that it can’t be all that big a very real examples, we will talk about sive devices. I realize when I read deal if it is only a small percentage of them. Again, I hope the message isn’t these, people may say: Wait a minute; value—10 or 25 percent. A case that I misunderstood. This is not about either we are not talking about just putting don’t think is included in this legisla- having trade or national security. The these things on the open market. What I am saying, folks, is they would be tion, because of action that the Con- authors of this legislation agree with items that are no longer controlled gress took last year to take it out of me and I with them that we can do under the dual technology control re- the Commerce Department and put it both. We have to do both. We will do gime under the old Export Administra- back with the State Department, but both. But this will be portrayed as tion Act, which everybody would like which obviously we had to act on or it trade trumping national security. That to see reauthorized, with some would have been, is the case of rocket would be a mistake. motors. I shouldn’t say rocket motors, With the indulgence of my col- changes. Because of the liberalization rather, the so-called kick motors that leagues, I will continue now to discuss under this act, these items, in effect, become decontrolled. are in many cases embedded in sat- some of this other technology that I In the early 1990s, for example, the ellites. These are very highly classified mentioned would be impacted by this U.S. was licensed to sell a significant items. We take a satellite that we want legislation. I talked before about volume of this equipment for making to launch, and when it is kicked into maraging steel. Here are some of the crucibles for high-performance furnace its final orbit by this little motor, it countries where this product is of par- systems. It found its way to Iraq and to can actually perform the way we want ticular interest. This, again, is the Iraq’s nuclear missile and chemical it to perform. high-alloy steel that has very high weapons program, and for its nuclear In the case of China, for example, the yield strength. Pakistan has used it for weapons design and research center. Chinese have made it a condition for uranium enrichment centrifuges; India This particular item at that time, be- some companies doing business in for its polar satellite launch vehicle; cause of a law that existed, was China that those companies allow Russia and Iran, special alloys for mis- stopped by Presidential order. That China to launch a certain percentage of siles. would not be possible today if this leg- the satellites that they want to launch. I talked before about the bearings islation were to pass. So those companies, in order to do and gas centrifuge. There are military Guidance sets for missiles—you business in China, have to agree to applications for high uranium produc- might think this is pretty technical that, and they have. These satellites tion, and there is some evidence that stuff that we should not be selling on are supposed to be under the control of China has sold this technology to Paki- the open market. But there are items Americans at all times because they stan for the production of nuclear here that have dual uses. So ballistic are very sophisticated. We don’t want weapons in Pakistan. The centrifugal missile guidance sets are often built to them to fall into the wrong hands and isotope separation plant, equipment fit into a particular missile to be used to be reverse engineered. We don’t and components, the military applica- in a hostile environment, and it would want our technology to be stolen from tions: Russia’s uranium isotope separa- perform with a high degree of accu- them. That certainly applies to an tion plant has played a significant role racy. It could have both civilian and item such as the kick motor embedded in warhead production. The plant is military uses. They are produced in a in the satellite. primarily a centrifuge enrichment fa- whole variety of countries, in addition We recall that a couple years ago cility, and it has produced about 40 per- to the U.S. there was a great deal of evidence of cent of the Soviet Union’s enrichment There are services as well as prod- the fact that certain American compa- uranium. I talked about explosive deto- ucts—and I will not go into all of these. nies had allowed satellite launches in nators earlier. We are not just talking about the mili- China without adequate security, the Aluminum alloys is another very in- tary applications of specific pieces of result of which was that we believe teresting case. This is obviously very equipment. We are also talking about there was some compromise of Amer- useful in rocket technology and missile certain kinds of services showing peo- ican technology by the Chinese. It is technology for casings. China has de- ple how to do certain kinds of things. not only the kick motors. There are veloped a welded aluminum alloy used We talked about propulsion systems other components, too. Had Congress in the design of the torpedo hull. It and components. Here are some of the not acted last year to retrieve those manufactures aluminum alloy casings. military applications of that. On one satellite items from the Commerce De- India is manufacturing heavy-duty alu- occasion, they were disguised as auto- partment and put them back on what minum alloy extruded composition and motive spare parts on the airwaves of a

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3958 CONGRESSIONAL RECORD — SENATE April 26, 2001 certain country and were destined for Mr. ENZI. It could be. where the President is going to have to Libya. This was very recently, by the Mr. KYL. But it is not. continually be waiving its require- way. Some of the paperwork indicated Mr. ENZI. It doesn’t say any par- ments I think is going at it the wrong that the seized shipments had already ticular state. way. reached Libya, I might add. Mr. KYL. I answer the Senator that I Therefore, while it is important for The China Aerospace Science and am aware that the items are not auto- any President to have a waiver compo- Technology Corporation, which was matically decontrolled. But by virtue nent—we frequently have national se- sanctioned by the U.S. in August of of what I talked about before—and I curity waivers of one kind or another— 1993 for missile proliferation activities, think the Senator was here—because of if you set up the presumption that it is designed and researched propulsion availability for commercial purposes, going to be sold and require only the systems, among other things. Russia the items will also be available under President to stop it, you are going to aided Iran with the design of guidance the dual technology regime that is con- be putting a pretty big burden on him. and propulsion systems, some of which templated by the legislation. In the past, the presumption has been found their way into the Shahab 3 and Mr. SARBANES. If the Senator will effectively the other way. Part of this Shahab 4 ballistic missiles for Iran. yield, the legislation specifically gives is due to the fact that there is no real- There are a variety of examples that I the President the authority to con- ly clear way of defining availability. I can give you. tinue to control any item. I don’t think talked to that before the Senator ar- Reentry vehicles—we are familiar the items the Senator is listing would rived. with those—for both commercial and be mass market items under this legis- Mr. President, my colleague from military applications. These, too, lation. But even if one or a few were to Wyoming may wish to join in this. If would be subject to the provisions of be sold classified, the President has the so, that is perfectly fine with me. I this legislation. authority under this legislation to stand corrected. The authorization for And I hate to talk about China again, deny that category and to continue to this current extension of the EAA runs and I wish we didn’t have this debate control the item. through a date in August—August 31? right now. Chinese engineers were ar- Mr. KYL. First of all—— Mr. ENZI. August 20. Mr. KYL. Not October. We will either rested for trying to steal some blue- Mr. SARBANES. I don’t understand. have to pass a resolution extending the prints from a plant in the Ukraine. Yet Mr. KYL. Does my colleague want an date beyond that, which I presume these very items would be subject to answer to his question? sale because they are produced by a va- Mr. SARBANES. There are examples would be relatively easy to do, or act on the reauthorization of the EAA in riety of countries and have dual appli- that happened under the previous re- some form prior to that time. cations. gime. This bill will actually improve Without getting into a lot of detail, I Frankly, that is fine with me. As I the regime. have said now several times, the effort will indicate the nature of some of Mr. KYL. The Senator has of the Banking Committee to rewrite these other activities or products. Pro- mischaracterized what I said. I pointed pellant additives, propellant control this legislation in light of changed cir- out a couple of instances in which cumstances in the last decade is a laud- systems, propellant production equip- these items got into the wrong hands ment, radar software—you can easily able effort, and there are a lot of in the past. But under the previous law, changes that need to be made in the understand why that could be a dual we had the ability to pull them back. I item—radiation-hardened computers. legislation. There is no argument did cite some examples. We would not about that. That, frankly, is what The applications here for military use have that authority under the legisla- are obvious. President Bush campaigned on and tion as the Senator has written it. Ramjet engines: The military appli- what he said he was for. That is per- Moreover, I am perfectly aware that cations there, I think, are fairly obvi- fectly appropriate. ous; rocket motor mounts and sound- many of these items would not nec- We are talking about details. It is ing rockets as well. These all have to essarily be mass marketed. Yet every evident that reasonable people—or at do with space, and also aircraft, such one of them would be subject to the least I hope the chairmen of these com- as airborne radar, navigational sys- definition of availability, foreign avail- mittees would be deemed to be reason- tems, depleted uranium, fly-by-wire ability, or U.S. availability. able; certainly my friends in this ad- flight control. Obviously, that is the That is precisely why I picked these ministration are extraordinarily com- way our commercial aircraft is now de- items because under any reasonable petent on these matters. I believe with signed. It is also a very important mili- definition, you would have to say, yes, a little bit of time reasonable people tary design. We have various kinds of those are available someplace. Now, if will be able to resolve whatever dif- noise reduction and acoustic mounts the Senator is telling me some of those ferences exist. I know some are not and valves and other kinds of things look serious and I don’t think we would quite that sanguine about those pros- that are used in quieting for the Navy, want to consider them available, then I pects. primarily. say we have to be more careful about I also am aware of the fact that the Precision tracking systems: We are how we draft this legislation. administration has an idea which is a all familiar with how we are able both On that point I agree with the Sen- good one. That is, not everything in in civilian and military applications to ator, but as to the first point, the Sen- this regard ought to be put in the legis- precisely track using the global sys- ator raised the suggestion—I heard it lation itself, which can become rel- tem. Yet many of those items would made several times: The President has atively inflexible. As we have seen, it is also be covered by this legislation and the authority to waive this. No, the a little bit harder to change than an no longer require license: side-looking President does not have the authority administrative action. Therefore, the airborne radar, sonar signal processing to waive this. The authority is very administration has in mind developing equipment, underwater breathing appa- constricted. The President, and only an Executive order that would imple- ratus, wind tunnel applications. the President—as if he did not have ment this legislation and related legis- Mr. ENZI. Will the Senator yield for anything else to do—can three times lation in such a way as to provide the a question? for 6 months only, for a total of 18 President with a little more flexibility Mr. KYL. Yes. months, waive the applicability of that to handle particularly those situations Mr. ENZI. Mr. President, is the Sen- section. that arise very quickly. ator aware that we are not doing away Mr. GRAMM. That is not right. The shelf life of some of the equip- with the control list and any item on Mr. KYL. That is absolutely correct, ment we are talking about is very the list continues to stay on the list and I would be happy to cite the provi- short, and therefore sometimes there unless it goes through the process? Is sion of the legislation. To think it is may be a need to act with alacrity. the Senator aware that we have added going to work very well—— Under the provisions of the bill, it may country tiering so that rogue states Mr. SARBANES. Would the Senator be too slow, though they intend to are taken care of that way? do that for us? speed it up. Mr. KYL. Yes. Is China defined as a Mr. KYL. To think it would work There are also intelligence consider- rogue state in the legislation? very well to have a regime in place ations which I cannot go into at this

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3959 point, but they, too, can be dealt with their views very much into consider- now. There are still details being by means of an Executive order. ation. worked out. I applaud those members of the ad- That is my hope. I hope our leader- That leaves a window. It was men- ministration who raised this as a pos- ship will focus on elements of this tioned that taxes need to be debated. I sible way of dealing with some of these President’s agenda of which everybody am one of the proponents of the tax cut issues. The fact is they have not had on our side of the aisle is very much in and have been working steadily to get time to do this, and I fully appreciate favor, including this tax cut and edu- that and would not stand in the way of that. Those of us who have concerns cation proposals. a tax cut. However, the tax cut isn’t about the legislation would very much By virtue of the fact I had to be on ready for floor debate. It will be. appreciate the opportunity to await the floor, I missed discussion of the tax Education will be ready. Taxes will the drafting of that order. As I said, I proposals that I very much hoped to at- be ready. And then something else ex- suspect that will remove many of the tend because we are trying to put to- tremely important to this country—ap- concerns some of us have just about gether the final package that will ef- propriations will come out. We have to the bill itself. fectuate President Bush’s campaign pass 13 appropriations bills. That is That said, I go back to the point I promise of tax relief for all Americans. supposed to be over by October 1, but made in the beginning, which is, this is I hope we can take that up next week. that usually takes us well into Octo- the wrong time to bring up this legisla- If not, we will take up education re- ber, sometimes into November. That is tion. forms next week and take the tax bill past October 20, without an oppor- I also, again with some trepidation, up the week after that. tunity to do this extensive debate that make the following point: Some of my If we are stuck debating the Export is purported to be needed. colleagues have said: Look, bringing it Administration Act, all of that gets de- One of the things we have done is up now actually helps you because you layed. That is not good for the Amer- killed 4 hours—not really ‘‘killed’’ be- are able to talk about a situation that ican people. My hope is the authors of cause everybody needed to make their has rubbed the American public pretty the legislation will be willing to work statement and get their stance out on raw these days, and that is a bellig- with us and defer this until we take the Export Administration Act. I am erent and overly hostile China. In fact, care of these other items that are a lit- glad we have done that. From this China has obtained a lot of its tech- tle bit more important, in my view, point forward, the time we are taking nology in the past, not all of it prop- and then come back to this with plenty is time we could actually be debating erly so, as pointed out before. So actu- of time to do it prior to the time the these amendments. ally this is a good time to bring this up authorization expires. If need be, we I have had some Members on the because you will be at your strongest can clearly do a temporary resolution other side say, we know what will hap- in arguing we should not be passing extending the time of the EAA until we pen to those amendments. That is how this legislation right now when it could are able to act upon it later this year. education works around here. If you only make it easier for China to obtain With that, I relinquish the floor at don’t have the majority of the vote, this equipment. this time. you lose on your amendment. There is At the same time, some of these folks The PRESIDING OFFICER (Mr. FITZ- a point to which people see amend- say: Look, this legislation is actually GERALD). The Senator from Wyoming. ments as being reasonable and helping tighter; it is more strict; it is more Mr. ENZI. Mr. President, I need to national security, but there is a point conservative than ever in the past. We answer some of the items that have where they see it as stopping all trade. are actually tightening the law; we are been raised. I appreciate the Senator There is a balance. We still intend to enhancing national security. Mr. Presi- correcting the date on which the be a country that has a good econ- dent, you cannot have it both ways. It present extension of the EAA runs out. omy—not just a country that is mili- is my view the legislation is not tight I know that confusion came from me. I tarily capable of being the best in the enough, that it could result in techno- am involved in another bill with a sun- world. This bill has been a deliberate logical acquisition by countries that set at a later date, and I mentioned the and timely attempt to reach that kind would use that technology against the wrong date. August 20 is the drop-dead of situation. United States and that we do not want date on the Export Administration What we need is the amendment sug- to do that; there are ways to prevent Act. gestions through the debate process. I that. Can we extend it again? It was ex- submitted the list earlier. It is in the Our argument is over some relatively tended last time under a unanimous RECORD. You can look at all the meet- narrow points. If we appreciate that, consent agreement in both Houses. ings we have had—probably not all of then we can also appreciate that it is That won’t necessarily happen again. them, but the ones we recorded as hav- possible to come together on those, Unanimous consent is not the easiest ing. Those produced the suggestions in come to closure on those without nec- thing to get. We were running out of this bill. essarily engaging in a great long public time under appropriations last time Now a perfect bill will prevent any debate which I really do not think and believed that was an appropriate law from being in place. There isn’t serves anybody’s purpose at this point action to take. However, it is not nec- such a thing as a perfect bill. When I in time, especially given the cir- essarily the same action that will be was legislating on the State level, as cumstances that exist with respect to taken again. well as here, I had a pretty good idea our current relationship with China. We are running out of time to solve when I was holding hearings on a bill My hope is the authors of the legisla- the export administration problem. that there was somebody in the audi- tion on this Thursday afternoon will Education will be coming to the floor. ence who knew a loophole to that bill say, all right, let’s talk about this for I am on the Health, Education, Labor, and they were not about to share it a little bit, get a date certain to bring and Pensions Committee. We did the until they had taken advantage of it. up the legislation, and see what addi- education bill. It actually went However, we hope to catch as many of tional fixes are needed, if necessary, through committee faster than any those as possible when it is being con- and get additional amendments that other ESEA bill of which I am aware. sidered. That is why we have 100 peo- might be offered so we can persuade Normally it takes a couple of weeks for ple, we have 100 different opinions—at colleagues, if there are certain changes debate. It went through the committee least 100 different opinions from 100 dif- to make, we can do that and take it up in 2 days. Normally the bills come out ferent perspectives contributing to a at a time when perhaps nerves are not of that committee along party lines. It bill. quite as raw. came out unanimously. There are still When we debate whether we go ahead Frankly, I fully expect the adminis- details on which to work. and debate, we are not making any tration to engage at that point in time I think we will have an Elementary progress toward a final solution. because they have a great deal of ex- and Secondary Education Act reau- On the China issue, there probably pertise and they are all people whom I thorized shortly. I would not want to isn’t a time that could be more sen- know people on this side of the aisle re- stand in its way. However, it is not sitive. But the ones who are talking spect a great deal. So we will be taking ready or we would be debating that about greater security than what this

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3960 CONGRESSIONAL RECORD — SENATE April 26, 2001 bill provides would have it to their ad- the good guys. I said: No, the adminis- easier than that because we have this vantage to talk about it because of the tration makes that decision based on thing called filibuster and that is timing of the situation with China. your relationship with the United where you stop the motion to proceed We don’t have any problem debating States and your involvement in mak- and have people debate on whether to it. We don’t have any problem consid- ing and selling weapons of mass de- debate for a long period of time. ering amendments to this bill, even in struction. We have some criteria by I understand the other side under- light of the China situation. The rea- which you are considered a good coun- stands how many people there are who son we don’t is that we are sure we try. I have no doubt the administration have been working on this bill, been in- have addressed those issues. If we will adequately do that rating on those volved in this bill, who will vote for missed something, we need to know countries. this bill. If we file cloture, we will get about it and take action. That is something brand new, too. cloture. It is just a long process and a Everybody keeps saying there are a We did not have the tier system before. way of delaying it. But it is a route very small number of items that need Now we have a tier system so countries that can be taken. to be regulated. How do we go about that are adverse countries will not get We had the signatures for that last doing that? Give me a suggestion if you items. We have a control list so that year but ran out of time. I only men- have one other than the way we are items we do not want people to get tion this time again to get back to the doing it. they cannot get. So some countries are original point, which is August 20 is There was a comment that there is a going to be prohibited both for being when the bill runs out. If we have not new regime, that we are talking about on the control list and being a country solved it by that time, we may not be things readily available in either for- to which we will not sell that kind of able to solve it. So I ask that we get eign or mass markets; that these other item. I do not know how you could past this motion to proceed. countries have access to all of those make it tighter than that. I yield the floor. things and we will give up all of our Then—and this was at the suggestion The PRESIDING OFFICER. The Sen- control. Not true. We have tried to ad- of the people who are asking we not be ator from Oklahoma. dress keeping control in every possible allowed to go ahead and debate this Mr. INHOFE. Mr. President, reluc- way. There still will be a control list. motion—that the President be able to tantly I rise to differ with my good We didn’t get rid of the control list. have total control over absolutely any friend from Wyoming. I come from the The wording in the bill says any item item that can be sold. This is a Presi- perspective of chairing the Readiness that is controlled now will continue to dential enhanced control. Yes, it says Subcommittee of the Senate Armed be controlled until the committee the President has to do it. We know the Services Committee. I have looked makes a decision otherwise. So if it is President will get a suggestion from carefully at some of the problems over controlled now—and a bunch of the somebody along with all the backup the last 8 years in a couple of respects. items mentioned were controlled and reasoning on why it ought to happen. First of all, we are dramatically and were against the law, but they were Some of those decisions will be pretty grossly underfunded in most of our ac- done anyway. pro forma. I do not think we are talk- counts for our military relative to the How did somebody get away with ing about a huge expenditure of time threat that is out there. We have gone that? I imagine things will still be done on the President’s part. On those items through a difficult time with China and illegally no matter what kind of bill we that are really a national security hopefully it is coming to an end now. If pass because we don’t handle ethics issue, I hope the President is person- we go back to 1995 when we started get- and morals; we just handle the law. ally and timely involved. ting some of the very first comments One of the problems we have under But the President can control abso- made by the Chinese that have been the law is, for about a 6-year period we lutely everything. How much docu- very threatening to the United States, did not have sufficient findings to get mentation, how much review does he it was during the elections not long anybody’s attention of the fines and have to do? That is for a little trans- ago in Taiwan when the Chinese were penalties and prevention, more so than parency, so we know what is being con- demonstrating their missiles in the beating somebody up after it happens— trolled. But the President is the ulti- Taiwan Strait and the statement was although that has to be there for the mate authority on all of it. We have made ‘‘we are not concerned about the bad actors. given him that constitutional right. United States coming to the aid of Tai- We have a number in this bill that We have now put it in writing. pei because they would rather defend will get people’s attention. For those We also have some extra control au- Los Angeles.’’ That is at least an indi- people who are talking about this bill thority, which are on page 183 of this rect threat. not having enough security, the last little document that is on every single Most recently there have been state- version, the one we could have done at desk for the end use and end user con- ments made from more than one high the end of last year, had penalties that trols. And then the most important Chinese official saying war with Amer- were twice as big, but we were asked to paragraph, the enhanced controls. So if ica is inevitable. Over the last 8 years, reduce those to get them more reason- somebody has a suggestion on how to we found that half of our nuclear se- able, to make it closer to what the mu- make it tighter than that and still be crets—we had a total of 16—were com- nitions list has. If anything ought to able to sell to our allies the things that promised during the Clinton adminis- have fines and penalties to get the at- we want our allies to have that would tration, 8 of them were compromised tention of people, it ought to be the be beneficial to them and to us, tell me prior to the Clinton administration. We munitions list. We would not agree to how to do that; present an amendment. found out in 1999 that way back in 1995 go to that low a level. Of course, we cannot present an the other 8 nuclear compromises took In fact, there is even jail time in- amendment until we get past this de- place. There was an informant who volved in this one. I think some of the bate about how long we are going to came in, in 1995, and informed us these those things are needed to keep peo- debate about whether we get to debate. compromises had taken place. This was ple’s attention. So we have tightened I have been here before on this bill. I covered up, I am sorry to say, by the up the bill. have to say it is a lot easier to defeat administration until the Cox report We talked a little bit about Iraq. We a bill than it is to pass a bill—I noticed discovered it and released it in 1999, 4 have to trust that the administration that through my legislative career, as years later. will rate Iraq as one of those countries well as my senatorial career—because We look at those things that have that should get a very poor rating if you create a little confusion, confu- taken place, the transfer of technology under the tier system—the worst. I sus- sion goes a long way. to the Chinese, and we now see a mas- pect they will. I will not dictate which We have heard a lot of confusion. I sive military buildup by the Chinese. ones ought to be the bad guys and think we can address everything that This is the same country that is saying which ones ought to be the good guys. has been mentioned to this point. We war with America is inevitable. We I have been contacted by a number of can show where it has been covered in know they made some purchases of countries that wanted to be specifi- the bill. But it is easier to defeat a bill. SU27s and SU30s. They will have air- cally mentioned in the bill as one of I have to say in the Senate it is even craft that is better and more modern

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3961 air-to-air aircraft than anything we here that the President can step in and President begins negotiations, the have in our arsenal, including the F–15. exercise a set-aside. President shall notify in writing the We are looking at a percentage of their Here is what the set-aside language Committee on Banking, Housing, and budget that is going now to buildups. says. It says if the President deter- Urban Development of the Senate and We also know they have virtually all— mines that decontrolling or failing to the Committee on International Rela- at least those 16—of our nuclear se- control an item constitutes a threat to tions in the House of Representatives crets. the national security of the United that the President has begun such ne- We have been facing also, during the States, and export controls an item gotiations, and why the President be- Clinton administration, the signing of which advances the national security lieves it is important to the national waivers. In order to make it easier to interests of the United States—I will security that the export controls on transfer technology, they took the skip some of what I don’t think are the items involved be maintained. waiver process out of the State Depart- particularly pertinent provisions—it Again, the President is required not ment and put it into the Commerce De- says the President may set aside the only to enter into negotiations but to partment, only to reverse that later on Secretary’s determination of foreign justify to the Senate Banking Com- when we found out that many of the availability. mittee and to the International Rela- transfers had taken place. Then it goes on to say that the Presi- tions House Committee as to why he We remember regretfully the time dent may not delegate the authority thinks this is important. But that is President Clinton signed a waiver to provided in this paragraph. not all that we impose on the President allow the transfer of guidance tech- In the first place, we make it so that if he wants to intercede on behalf of nology that was produced by the Loral the President and only the President national security because of a threat to Corporation. That is something that must deal with this matter, consid- the Nation. would be very dangerous for the other ering all the matters that he has to There is a periodic review of deter- side to have. deal with, especially as I would again mination provision. It says the fol- Considering what little we do have point out while he is trying to build his lowing: left in terms of technology, I cannot administration and while he is trying The President shall review a determination imagine a worse time in our Nation’s to get his people in place. described in subsection (a) at least every six history to be making it easier to trans- Then the act goes on to say that the months. fer technology from a pure national se- President shall promptly, if the Presi- Here he has made this determination curity standpoint than right now. So I dent chooses to use their nondelegation that this item constitutes a threat to am hoping my colleagues will look at authority, notify the Congress. He the national security, and now he must what has happened over the last 8 shall promptly report any set-aside de- review it every 6 months. Promptly years, look at what has happened over termination as described along with after each review is completed, the the last 2 weeks, and come to the con- any specific reasons for the determina- Secretary shall submit to the commit- clusion that maybe this is a good idea tion to the Committee on Banking, tees of Congress a report on the results for sometime in the future. It is not a Housing, and Urban Affairs of the Sen- of the review together with the status good idea for this time. ate and the Committee on Inter- of international negotiations to elimi- I yield the floor. national Relations in the House. nate the foreign availability of the Mr. ENZI. Mr. President, I suggest In other words, if the President item. the absence of a quorum. chooses to intervene for reasons of a Again, the President has to make the The PRESIDING OFFICER. The threat to national security, he must review every 6 months. Then the Sec- clerk will call the roll. justify that to the Banking Committee retary has to go back to the committee The legislative clerk proceeded to and to the Committee on International and give them a report about the re- call the roll. Relations in the House. Then he must view, and then the status of negotia- Mr. THOMPSON. Mr. President, I ask publish the determination in the Fed- tions. The President, through his rep- unanimous consent that the order for eral Registry. resentative, has to give the committee the quorum call be rescinded. That is not all the President has to a status of these negotiations that The PRESIDING OFFICER. Without do. Then the President has to engage in have been imposed on the President. objection, it is so ordered. negotiations with foreign powers. It But that is not all we require the Mr. THOMPSON. Mr. President, we says in any case in which the export President to do in order to intervene have had considerable discussion about controls are maintained on an item be- on behalf of national security. the President’s authority under this cause the President has made a deter- There is an expiration of Presidential proposed legislation. The point has mination under subsection (a), the set-aside time. It says the determina- been made that we have a fail-safe pro- President shall actively pursue nego- tion by the President described in sub- vision—that the President can always tiations with the governments of ap- section et cetera shall cease to apply intervene and stop some item from propriate foreign countries for the pur- with respect to an item on the earlier being exported that should not be ex- pose of eliminating such availability. date—that is 6 months after the date ported. But I think if you examine the It may be a desirable thing. It might on which the determination has been legislation, you would have to conclude have been a desirable thing to nego- made—or if the President has not com- that through this legislation the draft- tiate with foreign countries even before menced international negotiations to ers have made it difficult for the Presi- somebody wanted to export something eliminate the foreign availability of dent to intervene and step in under under this act to get them to try to do the item within that 6-month period; those circumstances even in matters the right thing. But do we want to re- B, the date on which the negotiations that constitute a threat to the na- quire the President to enter into nego- described in paragraph 1 have termi- tional security. tiations with foreign countries? I as- nated without achieving an agreement If you look at section 212, which sume we can do that under the separa- to eliminate foreign availability; C, the gives the President the right to set tion of powers doctrine, if we choose to date on which the President deter- aside the foreign availability status— do so. But it is a rather significant mined that there is not a high prob- as you recall, under this legislation, step—all, again, under the rubric of the ability of eliminating foreign avail- something that heretofore has been conditions that the President must ability on the item through negotia- controlled required a license. If there is comply with if he is going to step in tion; or D, the data is 18 months after a determination made by the Com- and exercise this authority that we say the date on which the determination merce Secretary that it is a matter of he has to stop something from being described in subsection et cetera is foreign availability under the criterion sent abroad that constitutes a threat made if the President has been unable that they come up with, it will be de- to the national security of this coun- to achieve an agreement to eliminate controlled. They will be able to send it try. foreign availability within that 18- to China, Russia, or any of the other That is not all the President has to month period. what have been tier III countries in do. It says he then has to report to In other words, after setting up all of times past. But there is a provision in Congress. Not later than the date the these obligations on the President, in

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We are still just read—if at the outside it is an 18- it focuses our attention on a matter on a motion to proceed today. That is month time period, unless he can re- where the President of the United why we do not believe it is appropriate port back that they have concluded States could make a determination to notify us 24 hours in advance, and to their negotiations successfully. that something is a serious threat to try to push for a resolution of this So then it says: the national security and still ‘‘[i]n matter in such a short timeframe, Action On Expiration Of Presidential Set- any case in which export controls are when amendments have not been fully Aside. maintained on an item . . . the Presi- drafted, when the Executive order that Upon the expiration of a Presidential set- dent shall promptly report the deter- the administration is working on has aside under paragraph (3) with respect to an mination.’’ not been drafted. item, the Secretary shall not require a li- He must give reasons for the deter- These are serious matters, serious cense or other authorization to export the item. mination to the committees that I just questions. I may be overly concerned mentioned and ‘‘shall publish notice of about what I just talked about. I am Then we get to the final point. If the the determinations in the Federal Reg- not sure. I have not had a chance to President, after going through this ister not later than 30 days after the really digest it. All I know is that it is process, has not followed each of these Secretary publishes notice of the Sec- not enough to say that the President items in any way, then the item is still retary’s determination that an item can step in and, lickety-split, there is shipped even though he originally has mass-market status.’’ no problem; he has taken care of the made a determination that it con- The President shall review a deter- problem. It is not that simple at all. stituted a threat to national security. Mr. KYL. Will the Senator from Ten- My point is this. I do not particularly mination made under subsection (a) at nessee yield for a question? object to any particular provision. I least every 6 months. Here is a President who has made a Mr. THOMPSON. I am delighted to have not thought about it enough, determination that something is a seri- yield. quite frankly. I did not realize yester- ous threat to the national security of Mr. KYL. Apart from the steps the day we were going to be having this de- our country, and we, as a Congress, re- President has to take if he is going to bate in this much detail. But my point quire him to review that because we obtain this national security waiver, so is this. Clearly, we are making it kind want to make sure the President did that the item would be controlled, how of tough on the President to intervene not make a mistake and say something long does that order last? And isn’t on behalf of national security, even was a serious national security threat there a limitation so that he can only when there is a threat to the national when it was not, presumably. He is re- issue that three times, for 6 months at security of the United States. a time, after which the President no He is going to look at this—and quired to review it every 6 months. I longer has any control? In other words, somebody on his behalf, hopefully, will quote: the longest period of time he can con- look at it beforehand—and look at the Promptly after each review is completed, trol an item is 18 months. And after onerous requirements, including enter- the Secretary shall submit a report on the results of the review to the Committee on that, even the President has no author- ing into negotiations with foreign Banking, Housing, Urban Affairs of the Sen- ity. countries, reporting requirements time ate and the Committee on International Re- Mr. THOMPSON. That gets back to after time to congressional committees lations of the House of Representatives. the provisions in subsection (3) (A) (B) and certifications, in effect, as to what So, again, my point is not that there (C) and (D) on pages 200 and 201 in the they are doing, giving up-to-date re- is anything intrinsically wrong with document I think we are all looking at. ports on how negotiations are going. any particular part of what I just read. It talks about the expiration of the The President has to make the deter- It is that clearly this legislation is de- Presidential set-aside. It says: ‘‘A de- mination himself because under the act signed to make things more easily sub- termination by the President described you cannot delegate. He has to do it ject to export. It is clearly designed to in subsection (a)(1)(A)(i) or (ii) shall himself. This is a burden on the Presi- decontrol even to the point where we cease to apply with respect to an dent. While it is true that the Presi- give the President authority to step in. item. . . .’’ and it sets up conditions dent, under some circumstances, can We are setting up several steps for the under which it ceases to apply with re- intervene on behalf of national secu- President to go through over a period spect to the earlier of several dates. rity, it is not an easy path for the of time before he can do that. The Senator is right, there is an 18- President to take. That has to do with So I want to make sure anyone who month maximum period. regard to matters of foreign avail- might be listening to this understands If some of these things happen earlier ability status. that, yes, the President can step in There is another section—I am not than 18 months, it would cease to apply under some circumstances with regard going to put you through the entire then, as I understand it. to certain determinations but that he Mr. ENZI. Will the Senator yield for section 213, but there is another sec- cannot snap his fingers, and he cannot a question? tion called the ‘‘Presidential Set-Aside pick up the phone, he cannot write out Mr. THOMPSON. Yes, I will. Of Mass-Market Status Determina- a memo; he has to go through a proce- Mr. ENZI. I am beginning to see the tion.’’ So even though there is a deter- dure that is a long-drawn-out proce- problem. We have ignored page 183 mination that an item is mass mar- dure involving several steps if he wants which is the section that, when we keted in this country: to do that. went through those extensive negotia- If the President determines that— One of the things we are going to tions, we added that supersedes all of And I am reading from the provi- have to ask ourselves when we deal these 18-month, 6-month paragraphs sion— with this in a little bit more detail is about which we have been talking. decontrolling or failing to control an item whether or not, in matters involving a Those are options. But undoubtedly the constitutes a serious threat to the national serious threat to this country, it is so option the President would take would security of the United States, and important for us to lower the export be the one on page 183, which allows export controls on the item would advance the national security interests of the United standards that we are not willing to the President to override anything in States, or [et cetera] give the President a little more lee- section 204, which are provisions that the President may set aside the Secretary’s way, that maybe even if he justifies it deal with components we have heard determination of mass-market status with to Congress and we do not agree with about earlier, and 211, which is the for- respect to the item. him, are we not willing to give the eign availability and mass market sta- Why it requires a threat to national President perhaps a little more leeway tus determination. This is a much easi- security under the foreign availability in making a determination that under er section for him to use.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3963 It does mention significant threat, fect, if he goes through several steps, and consideration, just exactly how but the President gets to determine including negotiating with foreign that ought to be worded and whether or significant threat. Nobody has the countries. Then we have another provi- not we want to have what appears to right anywhere in this bill to override sion—although the standard is a little me to be inconsistent provisions in the whatever the President thinks. There bit different—that lets him do the legislation. is a reporting requirement, but that is same thing without going through all I thank my friend for his comments. all it is. He reports to the committees those steps. It is the basis for some discussion, as that have some jurisdiction on foreign Mr. ENZI. The criteria you men- far as I am concerned, in an attempt to availability and mass marketing. It tioned of foreign availability is current reach some resolution. I was not aware doesn’t say that the committee can law. That is what the President is we were going to debate all the details. challenge anything he says. forced to do at the moment. I welcomed the opportunity to have There is no recourse for the Congress Mr. THOMPSON. I am not saying I done that. The issue before us today is other than knowing that he did it, and necessarily object to any portion of whether or not this is the right time, we asked for the transparency through this. I am saying there is an inconsist- in the midst of everything that is going the process. That paragraph overrides, ency here. on in the country right now and every- at your request, the sections on foreign Mr. ENZI. We were trying to get the thing that is happening internation- availability and mass marketing. I was administration, whatever administra- ally, to choose to signal to the world hoping that had taken care of the prob- tion it was, to work more on multilat- that we want to liberalize our export lem and was of the understanding that eral controls because everybody agrees policies with regard to dual-use, high- that did eliminate the problem. that multilateral controls have more tech, military-related items when we Mr. THOMPSON. This is very good, if impact than unilateral controls. That know the primary beneficiary of it is I may respond. We did indeed talk is why we were encouraging the Presi- going to be China. about this. I was interested to see dent to negotiate with the other gov- It is not a good time, and that is the whether or not it was your view that ernments to get them to fall in line on reason I join my colleagues in opposing this provision you just described did in the controls so that we would have an the motion to proceed. I do look for- effect override what I just read. If so— effective multilateral control process ward, when we have had a chance to and I ask the Senator if he will agree as well. That was covered in the report draft our amendments and hopefully with me—are these pages I have been we put out last Tuesday. have had a chance to look at the ad- discussing with regard to criteria for Mr. THOMPSON. Well, I understand ministration’s Executive order that is Presidential set-aside under 212—does it might be desirable for the President supposed to fill in some of the areas that not make those requirements to do that. For my part, I would rather that are a little bit sparse, to coming under 212 superfluous or irrelevant, and leave it up to the President to decide up with an Export Administration Act in what case would 212 apply when the when he wants to negotiate with for- that is reauthorized but one that does enhanced controls provision would not eign leaders on these matters. what the Export Administration Act apply? I will also suggest that when the was designed to do—not to balance Mr. ENZI. We had the language in President makes the determination commerce with national security but section 212 in the versions when we under this enhanced control provision, to protect national security and do were discussing it before. The Presi- that you just pointed out, that an item those things that are reasonable. dent could use that. It is a mechanism. on one of these lists would constitute a Nobody is intent on trying to protect We thought that that provided Presi- significant threat to the national secu- things that are unprotectable. Nobody dential control, even before we had our rity, he ought to be given quite a bit of is intent on basing the legislation on discussions. But we were specifically leeway. It might be a good idea to ne- yesterday’s technology. Everybody asked for sections 204 and 211, that we gotiate with foreign leaders; it might knows that the world has changed. But do something that was more overriding be a good idea to do a lot of things. We that does not mean we should, without and more comprehensive, and we did. have to ask ourselves how many hoops very careful consideration, change a Mr. THOMPSON. But 212 is not dis- we want the President to jump through policy we have had in this country for cretionary. The language of 212, and in if, in fact, he makes a determination decades in terms of controlling those certain important respects, requires that it constitutes a significant threat kinds of items and go to something the President to do certain things—the to national security. that might sound reasonable and log- President shall actively pursue nego- I am not trying to negotiate the de- ical: The genie is out of the bottle; tiations, et cetera. So if the language tails of the bill with my friend today. they can get it anywhere else; our remains there, it is mandatory lan- This is one of the benefits of discussing friends will sell it to them; we might as guage, and it seems there might be this today and one of the reasons we well sell it to them. I am not there yet. some inconsistency there. I am won- are not ready to put a bill to bed. I I yield the floor. dering whether or not one of the things don’t claim to have all the answers to The PRESIDING OFFICER. The Sen- we might talk about is maybe paring it. I haven’t had a chance to think all ator from Arizona is recognized. this thing down a little bit in terms of the details through. But I believe we Mr. KYL. Mr. President, I wonder if some of this language in that it does really need to ask ourselves how many the Senator from Wyoming might re- appear—if my friend agrees that the hoops we want the President to have to spond to a question I have. As I read enhanced control provisions are over- jump through before he can exercise the bill, the section that he cited be- riding. It does appear that this lan- some authority when he makes a deter- fore, which relates to an override of guage would be superfluous and, if it mination that there is a significant sections 204 and 211, does not apply to remains, would be contradictory. I am threat to the national security. section 213. Section 212 has to do with wondering if perhaps that would be the All these requirements I read a while foreign availability, 204 deals with in- basis of some discussion. ago having to do with the President ne- corporated parts and components. The Mr. ENZI. It wasn’t our intent to gotiating, with reporting to Congress, mass marketing section is 213. make it contradictory, but it was lan- having the thing expire—it even ex- As I read the President’s authority guage that was already in there. The pires under that set of provisions—that under enhanced controls in that sec- request was to override those sections, is greatly different from the enhanced tion the Senator referred to, on page and we did that by putting in another control provision that doesn’t put any 183, it deals with sections 204 and 211 one. Perhaps there could be a way to of those requirements on him if he de- only. address this. termines that there is a significant Mr. ENZI. Section 211 covers both Mr. THOMPSON. With all due re- threat to national security. foreign availability and mass market spect, I suggest there is more to it than We don’t want a court 2 years from status. You are talking about the set- that. It is not a matter of shortening it now having to be the one to decide aside of the mass market status. or making it more difficult. We have what we meant when we drafted this Mr. KYL. So the significant threat one provision here that says the Presi- legislation. We need to decide here in override authority would apply to any dent can intervene and override, in ef- this Chamber, after thorough debate of the three items that we just talked

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3964 CONGRESSIONAL RECORD — SENATE April 26, 2001 about—mass marketing, foreign avail- sensitive, we have an obligation to en- tween national security and commer- ability, or component parts; is that sure that these goods are appropriately cial interests. This is a complicated correct? controlled so that the peace and pros- issue that cuts across the jurisdiction Mr. ENZI. Yes. perity we enjoy are not threatened. of six committees. Five committee Mr. KYL. I thank the Senator. Have no doubt, our enemies, be they chairmen with the responsibility for Mr. ENZI. We are hoping that ade- foreign nations or terrorist groups, national security matters in this coun- quate information will be given to the have no qualms whatsoever with buy- try are together on this issue. I think Senate for their oversight and their un- ing dual-use American products and that carries a subtle message in and of derstanding of what is going on. We putting them to military use. In this itself. have always wanted that. time of peace, let us work to sustain We have continuously expressed op- Mr. KYL. I thank the Senator for his the dynamism of our economy while position to this bill in a respectful information. safeguarding our people by striking the manner. I will not list the others be- Mr. MCCAIN. Mr. President, I join right balance between the commercial cause they are in the RECORD in the Senators THOMPSON, SHELBY, KYL, and and national security provisions in this course of this debate. In addition, Sen- other members in objecting to the bill. We have much work to do. That is ator KYL, although not a chairman, has rushed consideration of the Export Ad- why I join my distinguished colleagues taken a leading role. He has sort of ministration Act of 2001. in objecting to consideration of this been the ‘‘Paul Revere.’’ Each time This legislation, which governs the measure until we have had the chance this matter is approaching, he sounds exports of sensitive technology to over- to prepare amendments and continue that alarm and we respond. seas buyers, has critical ramifications our work with the Administration to This is an effort that requires careful for American national security. Repub- improve the bill. thought and deliberate action. All of licans in Congress rightly raised grave The PRESIDING OFFICER. The Sen- our committees should be united in an concerns over the Clinton Administra- ator from Connecticut is recognized. effort to reform our export control tion’s export control policies, which Mr. DODD. Mr. President, I don’t laws. If we do not obtain that type of had the appearance of being linked to want to interrupt the flow of debate. I unanimity—and I say this respectfully campaign donations, and which we have a matter I would like to discuss to my good friend from Wyoming and know improperly enhanced Chinese and that doesn’t pertain to the matter be- my good friend from Texas—we could Iraqi military capabilities. This Repub- fore us. I see my good friend from Vir- be doing a disservice to our country. lican Congress, and our Republican Ad- ginia. He may want to comment on At the present time, I believe it is ministration, must ensure that our na- this debate. If that is the case, then I premature to move this bill through tional security controls on sensitive will yield for this discussion to go for- the Senate, for two very good reasons: exports prevent powerful technology ward, since I don’t want to necessarily First, we need to give the administra- from falling into the hands of those interrupt the flow. tion, our new President, sufficient time who would do America harm. Mr. WARNER. Mr. President, I have to provide Congress with the promised This bill does not yet meet that joined my colleagues for the purpose of details on how it plans to implement threshold. Since the beginning of this contributing to the debate at hand. I this legislation. I know full well that it year, six Senators, including Senator think maybe I need 10, 12 minutes. has been stated—and I believe it is fac- KYL and the Chairmen of the Armed Much material has already been cov- tually correct—that the administra- Services, Foreign Relations, Intel- ered. I don’t wish to be redundant, but tion has contributed a number of sug- ligence, Governmental Affairs, and there are some points I would like to gestions—which I think is 21—in the Commerce Committees, have sought make. Banking Committee. The distinguished and continue to hope to work with the Mr. DODD. I am happy to yield to my manager of the bill is present, and they sponsors of this bill, and with the Bush colleague from Virginia. have incorporated all of those. But Administration, to ensure that S. 149 The PRESIDING OFFICER. The Sen- when I look at it and listen and talk strikes the proper balance between our ator from Virginia is recognized. with the administration, those areas in country’s commercial and national se- Mr. WARNER. Mr. President, I re- which we have special concern are to curity concerns. flected, as I approached the Chamber, be brought forth in an Executive order. I will save my specific, technical con- that in my 23 years in the Senate, I Very simply, we are just saying allow cerns about this legislation for the full don’t know if I have ever opposed my time for the administration to do the floor debate on this measure, whenever leader on a motion to proceed. But, re- Executive order. Otherwise, we risk it should occur. At this time, let me luctantly, I do so this time because of spending a lot of time on the floor with say that the bill’s restrictions on presi- my fervent belief that the views I have amendments if we should go ahead dential authority to regulate national- and share with a number of my col- with the bill and proceed in addressing security related exports, the enhanced leagues are in the best interests of our issues that may be better left to the role given the Secretary of Commerce Nation’s security. With that in mind, I discretion of the executive branch. in the national security decision-mak- have tried for over 2 years to work Secondly, moving this bill at this ing process, and the liberalization of with my distinguished colleagues, who time without establishing consensus exports of all goods, however dangerous have been speaking for some time, to sends a wrong signal and could com- to U.S. security interests, that may be resolve disputes within this legislation. plicate a very difficult and tenuous otherwise available for sale in the These disputes have cut to the very policy toward China, which is still United States or overseas pose prob- essence of how the United States plans evolving. I cannot think, therefore of a lems that need to be resolved before to protect its national security in an worse time to pass legislation that the Senate can properly address this era of rapid globalization and prolifera- could result in an increase of exports of legislation. tion of technology—most particularly high technology to China. I think we As Chairman of the Commerce Com- technology related to weapons of mass should listen carefully to the people in mittee, and as a strong supporter of destruction. this Nation on this issue. This China free trade, it comes as no surprise to On many occasions over the past policy is not just reserved to the bu- me that American businesses dominate year, I have joined others and have reaucrats in Washington—I say that re- world markets and have propelled the thought that we were close to obtain- spectfully—the executive branch and Information Age. Unlike businesses, ing a resolution on how to proceed on the Congress. The people of this Nation however, we in this body have responsi- this bill. But each time, details have have very deep-rooted concerns about bility not only for the prosperity of derailed us, regrettably, and those de- our relationship with China, and this this country, but also for its security tails indeed have overwhelmed the subject goes to the very heart of those in an uncertain and hostile world. ability to compromise. I say ‘‘details,’’ relationships. Let’s be clear, far less than 1 percent but I think they are very important I have serious reservations about of total U.S. exports fall under the ju- points. bringing up the bill at this time, as I risdiction of the EAA. Within that My goal has been to strike, together said. We are still awaiting specifics small proportion of exports that are with others, the proper balance be- from the administration on how it will

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3965 implement this bill. We need to give ity leader to chair a working group of discretion to control items for legiti- the administration enough time to re- interested members to work to clear as mate national security reasons. spond to our inquiries and deliver on many amendments as possible prior to At a minimum, we must address in their promises of additional informa- taking the legislation up on the floor, this bill: tion. so as not to waste a great deal of time. No. 1, the need to protect militarily The administration reviewed this bill At this time, in the absence of addi- sensitive technology. DOD and the in- at the request of myself, Senators tional information from the adminis- telligence community need to be able MCCAIN, SHELBY, THOMPSON, HELMS, tration, I have fundamental concerns to protect sensitive technology from and KYL. We had one meeting with the with this bill. This bill continues the falling into the hands of potential ad- National Security Adviser on this trend of dismantling our export control versaries. Technologies which, if pro- issue. While the review was conducted structure. During the height of the liferated, would undermine U.S. mili- without the benefit of working level cold war, this Nation had a carefully tary superiority must be controlled. political officials in place with respon- formulated and carefully crafted ex- The national security agencies must be sibility for export control issues, I am port control process. There was a con- able to block any decontrol or export confident the administration did the sensus—both here at home and with that might harm national security now best it could given the timeframes and our allies—that we needed to protect or in the future. For example, hot sec- the people with whom they had to do our Nation’s technology. The bottom tion engine technology and other tech- the job. line: It must never be used against us. nologies that DOD and the intelligence Based on this review, the administra- This consensus has broken down with community consider critical need to be tion came up with a series of legisla- the end of the cold war. Technology is protected. tive changes that the Banking Com- proliferating, and this bill will con- No. 2, the need to enhance the role of mittee included in its bill. This was a tinue that trend. If our pilots are shot the Secretary of Defense and the intel- positive step, and I commend them. I down over Iraq or put in harms’ way ligence community in the export con- support it, although I would have pre- due to enhanced communications and trol process, given the limited amount ferred this review take place with the computing technologies that enhance of items we are now controlling, and benefit of the full administration pack- Iraqi air defense capabilities, we need provide for a workable national secu- age; that is, these amendments that look no further than to the lack of will rity waiver for the President. At a min- have been adopted, together with other and leadership over the last decade to imum, the concurrence of the Sec- commitments that they have made to control this technology. While this pro- retary of Defense should be required in Congress on other issues. liferation of technology may be inevi- matters relating to which products More remains to be done. We have table, we need to understand the impli- should be controlled, the process for re- not received specific comments or rec- cations of any decision that leads to viewing export licenses, the rules for any interagency dispute process, and ommendations from the Department of freer trade in advance technology. regulations implementing dual use ex- Defense. That input, in my judgment, With that understanding, we then must is critical. The Banking Committee’s port controls; and do whatever it takes to protect our sol- No. 3, the need to ensure that the na- bill, including the changes made to the diers, sailors, airmen and marines as tional security impacts of any proposed bill at the request of the administra- they face these new threats. decontrol are well understood and ar- Since the fall of the Berlin Wall, we tion, provides for even less protection ticulated before decontrols are allowed have witnessed a slow demise of the for national security than changes pro- to proceed. This assessment should be cold war consensus on export controls. posed to us by the last administration. based on how this technology can be When the National Security Com- I make three observations: used as part of, or to develop, a foreign mittee chairmen of the Senate were First, we have seen a dramatic liber- military or intelligence system or ca- alization—primarily through Executive briefed on the results of the adminis- pability. Ongoing assessments need to orders of successive Presidents—of ex- tration review, we were informed at be made to assess the cumulative im- port controls. We are only controlling that time that an interagency agree- pact of decontrols and the proliferation about 6 percent of what we controlled ment had been reached on how the ad- of technology. ministration would enhance national during the height of the cold war. This last point is critical. Congress security controls during implementa- Second, because of the decline in de- needs to look at the impact on national tion of the bill. We were then informed fense R&D, technology innovation is security of export decontrol and the that the national security protections primarily advancing in the commercial global diffusion of technology. We need that we have sought would be included rather than the defense sector. This to assess the degree of technology pro- in an Executive order that would im- makes dual use export controls covered liferation that is occurring and the plement S. 149. by the EAA even more critical in pro- risk that our adversaries will use this Despite several inquiries on the part tecting our national security. technology to gain some type of asym- of my staff and others to get the infor- Finally, as a result of both of these metric advantage over our forces. Glob- mation that we sought, we have not developments, we are witnessing the al technology proliferation could put been able to get any specifics on what global spread of advanced technology at risk our military superiority. Fu- is in this interagency agreement or that was once solely in the military ture historians may look back on the what might be in the Executive order. realm. This threat will require a sig- rapid decontrol and leakage of western This information is critical in help- nificant investment in defense capa- technology as the biggest national se- ing this Senator, and I think to not bility to counter. curity lapse of the post-cold-war pe- only the team we have put together, Simply put, our export control policy riod. but many others, in order to make an has gotten out of balance. The Export I also want to ensure that unneces- informed judgment on this important Administration Act before the Senate, sary restraints on the ability of the piece of legislation. as currently drafted, tips the balance private sector to compete in the global Therefore, I most respectfully urge even further toward meeting commer- marketplace are removed. It is in our our majority leader and sponsors of the cial needs versus national security interest that U.S. businesses are able bill to wait until we have more infor- needs. There is a predominant empha- to maintain their commercial and mation from the administration about sis in this bill on export decontrol, technological edge over foreign com- how it intends to implement the na- without, in my judgment, an adequate petitors. However, when hard decisions tional security protections. assessment of the national security im- must be made, national security must Many of my concerns, as well as pact of that decontrol. The bill now always be the paramount consider- those of my colleagues, may be allevi- gives the Commerce Department the ation. ated by the details of the administra- predominant role. I believe that this The PRESIDING OFFICER (Mr. tion’s implementation plan. must be brought back into balance SMITH of Oregon). The Senator from If, however, we do not get an answer with enhanced DOD authorities and Connecticut. from the administration in a reason- discretion. As now drawn, this bill also Mr. DODD. Mr. President, I came to able amount of time, I urge the major- unnecessarily limits the President’s speak on an education matter, but I

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3966 CONGRESSIONAL RECORD — SENATE April 26, 2001 have enjoyed the last 45 minutes. I The PRESIDING OFFICER. Without weeks ago, we debated the budget of thank my colleagues from Tennessee, objection, it is so ordered. our country. The great debate was over Virginia, and Arizona. I serve on the f the size of the tax cut that the Presi- Banking Committee and have great re- dent has proposed. Virtually every EDUCATION spect for my colleague from Wyoming Member, in fact, virtually everyone I who chairs the subcommittee that Mr. DODD. Mr. President, I am here know, believes that a tax cut makes deals with these issues. to continue to raise my voice and ex- sense given the budget surpluses pro- The committee had extensive hear- press concerns about the forthcoming jected. ings going back into last year. The debate regarding elementary and sec- But how much of a tax cut? The Senator from Wyoming deserves a ondary education. President wants $1.6 trillion, based on great deal of credit—I know my col- During almost my entire service in ten-year economic projections. I don’t leagues share these views—for his tire- the Senate, I have been fortunate to know of a single economist worth his less efforts to bring forth a bill that re- serve on what now is called the Health, or her salt who believes that we can flects not only the desires of exporters, Education, Labor, and Pensions Com- project with any degree of certainty but also takes into consideration the mittee. what America’s and the world’s eco- very important national security I have had the privilege of serving nomic situation will be a decade from issues that our colleagues from Vir- with many wonderful Members, Demo- now. Yet the President of the United ginia, Tennessee, and Arizona have crats and Republicans, over the years, States and those who support him on raised this afternoon. who have dedicated themselves to im- this matter want to spend $1.6 trillion The committee sent out this bill in proving the quality of public education of this budget over the next 10 years on March after seven different hearings in America: Senator Pell, Senator a tax cut. And, Mr. President, $680 bil- with extensive testimony. I have been Stafford, Senator KENNEDY, the present lion of that $1.6 trillion, will go to indi- supportive of this effort. ranking member, Senator JEFFORDS, viduals who presently earn more than I say to my colleague from Virginia, the present chairperson of the com- $300,000 a year. Over that same period, that he raises some very good points. mittee. Each of them deeply com- the President would increase spending This is not a debate that is going to at- mitted to seeing to it that this Nation on education by $42 billion, or about tract nightly news attention. It can get provides our children the best edu- one-sixteenth of what he would spend rather detailed, as the Senator from cational opportunities possible. I be- on tax cuts for the wealthy. Tennessee pointed out when he started lieve that the Members of the Com- I think in that context that we really talking about various provisions and mittee, today, are anxious to continue ought to do better than spending only what is intended by them. that tradition. 2 percent of our budget to support As I listened, I clearly heard the spir- I do not know exactly when this mat- America’s educational. The adminis- it with which my colleagues raised ter will come before the Senate for tration and others say that full funding these concerns, and they are concerns consideration, but I am troubled that for title I of ESEA, which provides Fed- to which we should all pay attention. I during the process of negotiation, eral dollars to the most needy school know my colleague from Wyoming while we are trying to work out our districts in America, is just too costly; does. I, for one, thank them. I do not differences, not all the issues are on know what is going to happen with the that full funding for special education the table for discussion. is just too costly; that we just can’t af- debate. I hope my colleagues can ad- It has been most worthwhile for us to dress some of these concerns. Some ford it. But, we can afford $680 billion deal with the issues of accountability. for a tax cut for people who make more amendments may be necessary. I sus- Our colleague from New Mexico, Sen- pect they will get broad-based support. than $300,000 a year which by the way ator BINGAMAN, has for years cham- So, I came over to give a speech is about twice as much as the Federal, pioned the cause of the accountability about education and I got educated, State, and local governments combined of our schools across America, both as myself. I thank my colleagues, and I spend on education in this country. a Member of this body, and earlier as a appreciate the points they raise. They I represent the most affluent State in Member of the other body. He brings to are very valuable. The point raised America on a per capita income basis. about China is worthy of valuable note. this debate years of experience and Some of my constituents want a tax Mr. WARNER. Mr. President, I thank knowledge and I am particularly grate- cut. I have represented my State for the Senator for his courtesies as al- ful to him for his help. more than two decades in the U.S. Con- ways. It is a very simple equation. The Over the years, we typically have gress. I am home almost every week- bill got the attention of the adminis- passed education bills that enjoyed end. I have a fairly good idea of how tration. It is a new administration. broad support, 90 or 95 votes, to support people in Connecticut feel on issues. Secretary Rumsfeld, for example, has our elementary and secondary schools. On this issue, the overwhelming ma- in place today only three persons who I enjoyed being part of those truly bi- jority of my constituents, including have reached the full confirmation partisan efforts. those from the most affluent commu- process and are now sworn into office. Every day, about 50 million children nities, tell me that we don’t need this Six more have been processed by the attend public schools in the United size tax cut, in light of the economic advise-and-consent procedures of my States. Many of them, through Title I forecast and the many needs that committee and will come before the of the Elementary and Secondary Edu- America has. And, these are the people full Senate next week. cation Act, depend on Congress to pro- who would be the direct beneficiaries The administration is struggling to vide them with resources that they of the proposal the President is advo- put together this highly technical re- need to help them get the education cating. sponse. I think they should be given a they need and deserve. Yet, we spend This tax cut threatens to throw us reasonable period of time before we only about 2 cents of every Federal dol- back into the situation I encountered plow into a legislative process in this lar on public education. In my view, we when I arrived in this body 20 years Chamber. have not been a very good partner with ago. I had been here a year, I say to my Mr. President, I thank my colleague. our local communities in helping to colleague from West Virginia, when I Mr. DODD. Mr. President, I thank my improve the quality of education. An- was asked to vote on a tax cut proposal good friend and colleague from Vir- other—probably surprising—fact is that I thought was dangerous then. I ginia. that the Federal government contrib- wasn’t sure. I was a new Member. Mr. President, I am not going to take utes only about 7 cents to every dollar I was one of 11 people who voted much time. I see my good friend from spent on education. Our small towns, against the tax cut proposal, and as I West Virginia who always has worth- cities, counties, and States provide the look back over 20 years of public serv- while information to share with this other 93 cents education. ice in this body, I don’t think I ever body. I see my colleague from Lou- So, for all we talk about what needs cast a better vote. And I don’t know isiana is here as well. to be done about public education, we many Members who were here that day I ask unanimous consent to speak as really haven’t put our money—your who wouldn’t like to have that vote in morning business. money —where our mouth is. A couple back because of the great harm it did

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3967 to our country, throwing us into a def- medicine does. Or, as my good friend subject matter, let us not be co-archi- icit that took our national debt from and colleague from Louisiana, Senator tects of a plan we will come to regret. $900 billion to almost $5 trillion in a LANDRIEU, said the other day: Re- There are those who are anxious to see little less than a decade. sources without reform are a waste of the public educational system of this Today, we have come out of that sit- money. But reform without resources country disappear. I know that sounds uation for a lot of reasons which I will is a waste of time. like a radical thought, but there are not go into this afternoon. We have That is about as good a statement I those who believe it. I believe we may been given a second chance not to have heard in this debate over the last be setting up a system that will have a make the same mistake we did two number of weeks. She is exactly right. self-fulfilling prophecy ingrained in it, decades ago. In the midst of this, we I would like to place on the table, in to produce the result that schools do are going to have a debate about edu- addition to accountability and testing not work and that we have to come up cational needs. The President has said and the other things we are discussing, with alternatives to those to educate many times that this is his No. 1 pri- the principle that we ought to have re- people in this country. ority. How many times during the past sources committed to school construc- That is not an answer. Mr. President, year did we see the President cam- tion, and other issues. It is a disgrace 55 million children went to school paigning in from of a banner that said that the average American child goes today: 50 million went to a public ‘‘Leave No Child Behind.’’ to school in a building built in the school, 5 million went to a private or I supported Al Gore for the Presi- 1950s. And, we need to help schools get parochial school, 5 million. There is no dency, but I liked that the President class sizes down to a level where teach- way in the world we are going to create said he was committed to leaving no ers can teach and kids can learn. That a private or parochial school system to child behind. And, part of me said that ought to be a part of this negotiation. accommodate the educational needs of maybe he would take the right track. Teachers do a magnificent job every generations of Americans for the 21st day. I am somewhat biased in this. My But, I am sad to report after 100 days century and beyond. We have an obli- oldest sister has been a teacher for that the ‘‘Leave No Child Behind″ ad- gation, every one of us here and at about 30 years in the public schools of ministration will do just that, if we home, to weigh in and to make our my State. She taught in the private adopt their education program that im- schools better. We need national lead- schools; in the Montessori system of poses strict new mandates on local ership that is going to put their shoul- teaching before that. I have a brother communities—that they can’t afford on ders behind that effort. And you cannot who taught 25 years at the university their own—but won’t commit the re- do it on the cheap. You cannot go level and my father’s three sisters sources to match. around the country and talk about it taught for 40 years apiece in the public Unlike the defense authorization or every day and show up in classrooms the agriculture bill, which we consider school system in my State. All three are now gone, but they prided them- for photo opportunities and come back every year, we won’t consider the ele- here and say: We just cannot afford to mentary and secondary education bill selves on that and dedicated them- selves as teachers. One of them was a do this, but we can afford to spend $1.6 again for seven years. This is our one Fulbright scholar. She taught in the trillion on a tax cut, nearly half of chance to establish our educational Hartford Public High Schools. So I which goes to the most affluent. priorities as we start the new global I hope my colleagues in the coming come to this debate and discussion, I millennium. suppose, with somewhat of a bias in days will find that common ground and A child entering an elementary put these items on the table. Let’s ne- school in Connecticut today is not that I have grown up with two genera- tions of my family dedicated to teach- gotiate these items as well before we competing with a child from Louisiana ing young people. come to the floor with an education or West Virginia or Oregon. They are Nothing makes me more angry than bill that runs the risk of testing kids competing with children from Beijing, when I hear people suggest that teach- and holding schools accountable but Moscow, Australia, South Africa, and ers do not care. Maybe there are some, not providing the resources that our Europe. We are in a global economy. but I have never met one. The ones I most needy schools require to imple- We have to produce the best educated, have met, the ones I know, could have ment reforms. best prepared generation America has chosen other career paths in their lives I apologize to my colleagues for tak- ever produced. And in no small meas- and been financially rewarded to a far ing a bit more time than I thought I ure what we do in the next few weeks greater extent than they were as teach- would, but I thank you for your atten- will determine whether or not we are ers. But they were dedicated to improv- tion, and I yield the floor. successful in that endeavor. ing the educational quality of their pu- The PRESIDING OFFICER. The Sen- We talk about testing teachers and pils. ator from West Virginia. testing students. Well, we are about to This Nation is built on a number of Mr. BYRD. Mr. President, I congratu- take a test, ourselves. The test is great things. One of the best is a com- late my colleague on his speech this whether we can get beyond politics in mitment to education by a group of afternoon. I share his thoughts, so discussing an education bill, as we used people who educate succeeding genera- beautifully and so eloquently expressed to do around here. It is an embarrass- tions of Americans. Those teachers em- on this Senate floor. I salute him, and ment that we spend only two cents of brace the values incorporated in our I will be working shoulder to shoulder each dollar of the national budget on Declaration of Independence and our with him to advance the education of education, when the President says Constitution. We ought to applaud our children. that education ought to be our top pri- them every single day and thank them. During a recent break, I read a book ority. I agree with the President on I listen to teachers talk about what by Sir Francis Bacon. The book is enti- that, but not on the resources he is needs to be done. We all ought to pay tled, ‘‘The Advancement Of Learning.’’ willing to devote to education. attention to that. We ought to listen to He was talking about some of the same I am very worried that, during the our PTAs and school boards, people things we are talking about today: the ongoing negotiations, as we talk about who work every day with these issues. need for equipment in our educational testing and accountability, which I When I talk about class size, school institutions; the need to pay, the need agree have and merit, we have not construction, afterschool programs, to remunerate the people who teach in reached a consensus about how we will teacher quality—these are not my these schools. So I think we are—I was support real improvements in the ideas; these are not issues the Senator about to say ‘‘walking in good foot- schools. Tests are measurements, not from Louisiana or the Senator from steps.’’ I hesitated because Sir Francis reforms. We also need to support the West Virginia or the Senator from Or- Bacon was impeached and went to the real reforms that the tests will meas- egon thought up on our own. We were tower for a while. But anyway, I con- ure. back listening to the folks at home gratulate my friend. An educator in my home State of who told us this is what is needed to Mr. President, I understand my Connecticut said the other day: Taking make the system work better. friend and colleague from Louisiana is someone’s temperature three times an In the remaining hours and days also interested in speaking. May I ask hour does not improve their health, here, before we begin a debate on this her how much time she would need?

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3968 CONGRESSIONAL RECORD — SENATE April 26, 2001 Ms. LANDRIEU. I could probably use conscious of that fact. We should be few minutes this afternoon to me to 5 minutes, if the Senator could be so conscious of it every day regardless of speak about the subject of education to gracious to allow that, for comments what pursuit we follow in life. follow up on many of the things our on education. Is there no decency anymore? colleague from Connecticut, Senator Mr. BYRD. I have three speeches. I Is there no respect for anything any- DODD, said so eloquently just a few am not noted for brevity in my speech- more? minutes ago. I appreciate the Senator es, but I do not worry about that too The people of South Carolina con- from West Virginia yielding. much because Cicero was once asked tinue to place their confidence and I could actually spend over an hour which of Demosthenes’ speeches, he, their trust in Senator THURMOND. They speaking about this subject because it Cicero, liked the best. elected Senator THURMOND to represent is so important to our Nation, and it is Cicero’s answer was, ‘‘the longest.’’ their State in the U.S. Senate. And so important to the State I represent, He liked the longest of Demosthenes’ they have elected him and reelected Louisiana. I will come back often dur- speeches the best. Of course his speech him many times. That is their judg- ing this debate to try to help focus our ‘‘On the Crown’’ was probably the ment to make, and I respect their judg- attention on some of the aspects of this greatest speech ever made. ment, and so should everybody else. educational debate that is so impor- I wonder if the distinguished Senator The Senate is a collective body of 100 tant. will let me do my first speech, which men and women who have been elected Let me begin by simply saying that will require less than 10 minutes. Then by the people of their various States to we are spending a good amount of I ask unanimous consent that I may make the Nation’s laws. We are a money on education today. We are yield to the Senator for her remarks, unique body. One-thousand, eight hun- spending about $18 billion. That is a lot and that I retain the floor so I might dred and sixty-four men and women of money. It is a lot of money to the complete my other two speeches. have served in the Senate since the people of Louisiana. And title I is $8.6 The PRESIDING OFFICER. Without first day it met in 1789. billion with a ‘‘b’’—not a million but a objection, it is so ordered. We are a special body. While we may billion. That is a huge amount of f have our disagreements on this floor, I money, but, unfortunately, I am here believe that the Members of this body to say today that it is not enough to do SENATOR STROM THURMOND for the most part respect each other off the things we know we need to do to Mr. BYRD. Mr. President, this morn- the Senate floor as well as on the Sen- help reform and improve our schools ing’s Washington Post contained a ate floor. and to truly give every child in this front page story on our distinguished However, midway through the story, country a chance to succeed. colleague, Senator STROM THURMOND. the Post journalist quotes a Senator As the Senator from West Virginia I am the Senator in this body who who ‘‘agreed to speak candidly only if knows, there are no guarantees in this has served longest with Senator THUR- he was granted anonymity.’’ life. The Government cannot guarantee MOND. I served with Senator THURMOND I am speaking candidly today, and I every citizen a good life. But our Con- when Senator THURMOND was a member don’t do so with anonymity. stitution, the formation of this coun- of the party on this side of the aisle. At any rate, the story quotes the try, and the reason we come to work I So, having served with Senator THUR- unnamed Senator as saying, in talking think every day as Senators and Mem- MOND all of these long years, I began about Senator THURMOND, ‘‘At what bers of this body is to try to provide at reading the story, thinking how nice it point do you draw the line?’’ least equal opportunity and an equal was that the paper would devote time That is the question I kept asking chance to succeed, to be a part of this and space to take notice of the longest myself as I read this inappropriate, great Nation. serving U.S. Senator in American his- tasteless, cheap-shot piece of jour- There are many ways we can try to tory, Senator THURMOND, who has cast nalism: At what point do you draw the do that. But one fundamental way is more than 15,800 votes. He is a man line? through the process of formal edu- who loved his country so much that he That is the very question the Wash- cation—providing excellence in edu- gave up his draft exemption status dur- ington Post should have been asking cation to every child, whether they be ing World War II in order to enlist in before they chose to print their tabloid born into a wealthy family, or a poor the U.S. military and take part in the tripe: At what point do you draw the family, a black family, or a white fam- invasion of Normandy and the libera- line? ily, whether they are born in California tion of Europe. I salute Senator THUR- May I suggest that the real story or New York or Louisiana or Min- MOND for his patriotism. He didn’t have here is not Senator THURMOND’s age. nesota. to do that, but he did it. The real story should be that he loves Today, as a nation, we believe we As I read the story, I was filled with this institution so much and loves have an obligation. We did not always dismay, then revulsion. Contrary to serving the people of South Carolina so believe that because prior to 1965 edu- my expectation, what I was reading much that he, at the age of 98, con- cation was a very local enterprise. But was a demeaning drivel filled with tinues to serve and have the courage to since 1965, this Government has recog- denigrating language and insensitive carry on, and that he loves his country nized that the Federal Government images. so much that he was willing to set does, in fact, have a role to play, not As I read, I kept asking myself, what aside his exempt status in World War II only in helping States with dollars but, is the point of this story? Is there any and participate in that dreadful land- hopefully, now helping them with di- purpose to be served by it? ing on the beaches of Normandy and rection, and moving them to reforms This is certainly not a news story. risk his life, as so many others risked into excellence because while some of Yet, it is on the front page of a major their lives. And many of them never re- our public schools are working, too national newspaper—a newspaper that turned. Senator THURMOND continues many of them are failing. is read around the world everyday, a to serve and have the courage to carry So as we speak about this education newspaper that is a great newspaper. on, in spite of non-news, deeply offen- debate, yes, we are spending a signifi- I can see neither a point nor a pur- sive stories such as the one in today’s cant amount of money, but it is not pose to the story other than a pathetic Washington Post. nearly enough. In fact, you can look at attempt to demean an outstanding Mr. President, I yield the floor. how our money has really not in- man and a long serving, distinguished The PRESIDING OFFICER. The Sen- creased. federal lawmaker. ator from Louisiana is recognized. For the record, let me share with you Every senior citizen in America f that the title I portion, which is $8.6 ought to be offended by this orgy of billion of the $18 billion total, since pejorative blather which aims only to EDUCATION 1965, has barely kept pace with infla- viciously exploit something as normal Ms. LANDRIEU. Mr. President, I tion. So while every year we come to as the human aging process. thank the Senator from West Virginia Washington and say education is our We are all going to be old one day, if for his heartfelt and wonderful re- No. 1 priority—the polls most certainly we live long enough. We ought to be marks. I thank him for yielding just a indicate that on the Republican side

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3969 and Democratic side—our budgets have commitment to reform and account- trict in every State. In our formula not reflected that because when items ability, but the targeting aspect is also that we are recommending—and I am are a No. 1 priority, they get greater important. going to be offering an amendment than an inflationary increase. They get Let me share one other chart today. that will certainly do that—every significant increases in the budget to One of the problems, as I have tried child, every community, and every reflect that No. 1 status. That is sim- to outline, is the lack of adequate fund- school district will get help from the ply not happening in the area of edu- ing and the real need to match these Federal Government. But we will give cation, particularly in title I. new accountability standards—new special help to those districts that need So we want to fight for reform. We testing standards and new standards of it the most. This is not just about tak- want to fight for accountability. But excellence—with real dollars to help ing temperatures; it is about having we must have those investments to our schools to meet these new targets. the medicine to give to our children to make those reforms real or it is an But equally important as the amount help get them well and to give to our empty promise and we are going to be of the funding is the way the funding is schools to help make them excellent. If leaving many children behind—mil- distributed. we raise the standards and do not help Right now, we are missing the mark. lions of children, as Senator DODD said. our children meet the standards, we We are missing our targets. The Fed- Let me just share with you, first, a are going to have a high level of frus- eral Government provides a portion of chart that shows that money does mat- tration, anxiety, and pain across this education dollars to the State, and all ter. There have been hundreds of stud- Nation. of us agree—Republicans and Demo- ies done, but let me just share one with So I commend the President for crats alike—that the primary role of you. This is a New York study that was wanting to move to a system of greater the Federal Government is to help recently done that links the rises in accountability. I have supported that. level the playing field so that whether school financing to test scores. My State of Louisiana is leading that you are in a poor community or a poor In New York, 39 low-performing effort. But if we do not couple that new schools were targeted. These are State, you have an equal opportunity for an excellent education. Regardless accountability with increased tar- schools that were failing to meet aca- of the fact that he or she might live in geting and increased investment, we demic standards. These schools were a district where there is no capacity will be making a very bad mistake that targeted, and they were given a set of for raising taxes, that student should our Nation will pay for dearly in the reforms: higher standards, testing, all still have a chance for a good edu- decades ahead. of the things that we want to do; and, cation. Let us start this new century with a in addition, money, anywhere from Our targets are missing the mark. renewed commitment, with renewed $500,000 to $1 million was invested, for Depicted in the center of this chart are vigor, with a commonsense approach; smaller class sizes, longer school days, the schools that are up to 100 percent yes, with more accountability and re- and teacher training. of poverty. After 35 years, we are still form, with real dollars to match, tar- Do you know what happened. Chil- not funding 100 percent of the poorest geted in a way that will really bring dren began to learn because the re- children in our Nation. We have not the promise of this great Nation to forms were matched with the dollars. reached them. We have tried for 35 each child, whether they live in West In this particular study, we saw an in- years, but we are not reaching the tar- Virginia or Louisiana. We can do it. We crease of 7 percent in reading, and 3.5 get. When you move out to those have the money to do it. The question percent in math, based on the reforms schools that are between 50 and 75 per- is, Do we have the will? I believe we do. and the investment. cent of poverty, we are only reaching With the President’s leadership, with I could share with you hundreds of 80 percent of our children. When you bipartisan support, we can find the will studies and case examples in Lou- move out further, to those schools that to do right by our children in their isiana, New York, and California where are between 35 to 50 percent of poverty, schools and in their communities. it proves the point that money mat- we are reaching less than 50 percent of Mr. BYRD. Mr. President, I thank ters. Will money correct the problem our children. We need 100 percent for the Senator from Louisiana. I share by itself? Absolutely not. We could tri- the poorest of our children. We need 100 her enthusiasm for education. I am ple the amount of money in education percent for those schools between 50 grateful that she is a Senator who is under the current system, and we prob- and 75 percent of poverty. And we need using her foresight and vision and tal- ably would not see much in the way of at least 75 to 100 percent for those ents to advance the cause of education. results. But we are on the threshold of schools at 35 to 50 percent of poverty. If f mandating rigorous tests, very high we do not, the promise that we make standards, and real consequences for TAKE YOUR DAUGHTER TO WORK to help the poor children in this coun- DAY failure. try, many of whom live in States such I believe passionately that if we do as Louisiana, West Virginia, California, Ms. LANDRIEU. Mr. President, the not match that historic commitment and New York—and they exist in every Senator from West Virginia should to excellence and accountability with part of this Nation—will simply be note what for all of us is a special day an historic increase in funding, we are empty. It is not fair. on Capitol Hill. It is Take Your Daugh- going to leave many millions of our As I conclude, let me just say that ter to Work Day. While my own pre- children behind, disappoint commu- not only is it not fair; it is not smart cious little 31⁄2-year-old daughter is not nities around this Nation, with un- because our Nation will not function at with me today because she is not quite funded mandates and broken hearts its highest capacity. We cannot remain old enough to appreciate the signifi- and broken promises. We simply can- the supereconomic power that we are. cance of this day, I do have nine beau- not do that. We need to increase fund- We cannot provide our industries with tiful little girls from Louisiana whom I ing substantially. workers who have had skilled training have adopted for the day and a whole Let me share another number for the if we do not make a commitment at Girl Scout troop here from Capitol record. The proposed tax cut will re- the national level to not only increase Hill, Troop 4062. I will submit their turn $69 billion this year. The current the amount of funding for education names for the RECORD. education budget provides only $2 bil- significantly, over and above the infla- I want the RECORD to reflect that lion extra. Mr. President, with $69 bil- tion rate, but that we also target those they were here today working with us lion for investments in tax cuts, $2 bil- extra dollars to the communities that to help make this Senate and this lion for investments in education, it is need the most help, hoping that country a better place. I wish them all not nearly enough. wealthier communities and affluent much success. I am glad that so many The three R’s bill that I have been communities could step up to the plate of our Senators and staff invited the supporting and promoting asks for an and do the job, but communities that young girls today to share this experi- $8 billion increase in education. That are poor and disadvantaged, the Fed- ence with us. would be a significant start—more eral Government would help. I thank the Senator for yielding the than the rate of inflation. Not only In conclusion, let me be clear that we time and ask unanimous consent to would the increase help to match our want to help every child in every dis- print the names in the RECORD.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3970 CONGRESSIONAL RECORD — SENATE April 26, 2001 There being no objection, the list was question, ‘‘how low can you go?’’ with The organization’s motto is, ‘‘Turn ordered to be printed in the RECORD, as the fare that they put before us. off TV. Turn on life.’’ Their point is follows: The land, the society, the country well taken. Life should be more re- LOUISIANA GIRLS that once produced the works of James warding and interesting than sitting in Jillian Willard, Tricia Boh, Caitlin Fenimore Cooper, Herman Melville, front of a box and becoming mesmer- LeBlanc, Kristin Scianna, Brooke Holmes, and Nathaniel Hawthorne, now gives us ized with morally degrading, mind- Katherine Klimitas, Adriana Klimitas, the works of Howard Stern and Jerry numbing nonsense. That is what it is. Ashlyn Wink, Rebecca Wink. Springer. No wonder the late Steve Instead of sitting in front of the tele- GIRL SCOUTS—TROOP 4062 Allen, a pioneer in the television indus- vision for 4 hours a day, get some exer- Vicki Faling, Savannah Jameson, India try, complained that television had be- cise! Get out-of-doors. Go for a walk, a Teal, Daniella Harvey, Skye Dantzler, come a ‘‘moral sewer.’’ hike, a bike ride, or swim. It will be far Sabina Tarnowka, Danielle Flynn, Sharae When I think of television today, I better for your health. Hughley, Casey Beasley, Maeve Wiegand, seriously wonder whether Charles Dar- Instead of sitting in front of the tele- Blaire Laney, Sybil Bullock, Moredia win’s theory of evolution is being stood vision for 4 hours a day, read a good Akwara, Samantha Snow Marsh, Clara on its head by popular culture. Evo- book! Read Emerson’s Essays, Carlyle’s Wiegand, Lakisha Campbell. lution implies progress. Going from the ‘‘History of the French Revolution,’’ Troop leader: Sandy Lelan. musical accomplishments of Bee- read history, read the Bible, read Mil- Assistant troop leader: Connie Jameson. thoven, Bach, and Mozart to the groans ton’s ‘‘Paradise Lost, Paradise Re- Mothers of Girl Scouts: Carrie Campbell, and moans of HBO’s ‘‘Sex in the City’’ Mary Ann Snow. gained.’’ Read ‘‘Robinson Crusoe.’’ is anything but progress. f Read something that is worth reading. By the age of 18, the average Amer- I ask, which will make one a better THE ROLE OF TELEVISION ican child will have viewed about person, spending hours watching ‘‘Sur- Mr. BYRD. Mr. President, I want to 200,000 acts of violence on television. vivor,’’ ‘‘Big Brother,’’ and ‘‘The Weak- Before that child leaves elementary take a few minutes to discuss an issue est Link,’’ or using the time to read a school, that child will have watched, that I have addressed several times be- great literary work by Shakespeare, on the average, about 20,000 murders fore on this floor—that is, the role of Dickens, or Goethe. Groucho Marx said and more than 80,000 other assaults. television in the lives of the American that he found television to be very edu- This means that during their most people. Today’s television would have cational because, ‘‘Every time some- formative years, our children will wit- you believe that the television program body turns on a set, I go into the other ness approximately 100,000 acts of vio- ‘‘How to Marry a Millionaire’’ is a room and read a book.’’ I like that. I guide on how to find the perfect mate; lence. But the problem with television is say, ‘‘be like Groucho.’’ Let’s have that ‘‘Temptation Island’’ is a guide to more Groucho’s. Simply turn off the stable relationships; that Al Bundy is a more than the content of the programs alone. It is the nature of the beast—or television set and read a good book. paragon of parental nurturing, while Instead of sitting in front of the tele- should I say, the nature of the boob his wife, Peg Bundy is reflective of vir- vision for 4 hours a day, spend some tube. There are 102 million TV homes tuous American womanhood; that time with the family. Family members in the USA; 42 percent of them have ‘‘Who Wants To Be a Millionaire?’’ is can use the opportunity to take a trip three or more sets. The average Amer- educational television. together to the local museum or art ican spends four hours of each day— I am ashamed and embarrassed that gallery, or simply talk to each other that amounts to two full months of according to a survey by the during dinner. Make your family the each year—staring at the boob tube. Annenberg Public Policy Center at the center of home life, not the television Forty percent of the American people University of Pennsylvania, 70 percent set. Studies by professor Barbara stare at the boob tube even while eat- of the parents surveyed regard ‘‘Who Brock at Eastern Washington Univer- ing. Wants To Be a Millionaire?’’ as edu- The negative impact of too much tel- sity found that in TV-free families, cational television. evision is becoming more and more ap- parents have about an hour of mean- I regret to say that the sorry state of parent as more and more studies have ingful conversation with their children television is becoming the sorry state demonstrated: the link between tele- every day, compared with the national of America: 59 percent of Americans vision violence and real violence; the average of 38 minutes a week. Here can name the three Stooges, but only link between television and increasing would be an opportunity for parents to 17 percent of the American people can obesity among young people; the link emphasize their values—not Holly- name three Supreme Court Justices; between television and declining inter- wood’s—to their most precious asset— only about 50 percent of the American est in the fine arts; the link between their children. people could identify the Vice Presi- television viewing and low academic I don’t want to leave the impression dent of the United States, but 95 per- performance. To put it bluntly, Mr. that all television is bad. I have seen cent could identify Homer, Bart, and President, television is helping to cre- some very educational, very inform- Marge Simpson. ate a morally irresponsible, over- ative, very uplifting, very good pic- Three years ago, I came to this floor weight, lazy, violent, and ill-informed tures, shows, and plays on television. to express my shock and utter amaze- society. There is much programming that is ment at the details of a story in Time Mr. President, this week, April 23–29, truly educational. I have been to one magazine entitled, ‘‘Everything Your is national ‘‘TV Turnoff Week.’’ Turn movie since I have been in Washington. Children Already Know About Sex.’’ it off! Let’s have more turnoff weeks; I have been in Washington now 49 The story told how our children are make it 52 weeks of the year, national years. I have been to one movie. I left learning their sexual values from tele- ‘‘TV Turnoff Week.’’ This is an effort that movie. I didn’t stay and watch it vision programs like ‘‘Dawson’s sponsored by the TV-Turnoff Network, through. I became bored and I walked Creek,’’ which boasted of a character a grass-roots organization that has or- out. Yul Brynner was, I think, the who lost her virginity at the age of 12 ganized thousands of schools, clubs, main player in that movie. I walked while drunk. There was ‘‘Buffy the community organizations, and reli- out. But just within the last few weeks, Vampire Slayer’’ in which a male vam- gious groups to get the American peo- I watched a picture in which Yul pire turned bad after having sex with ple to turn off or limit their television Brynner played. I believe it was—I am 17-year-old Buffy. viewing for one week to discover that trying to remember now. I have ‘‘Why are we letting our kids watch there is actually life beyond the boob watched some good pictures recently. I this morally degrading, thoroughly de- tube. The group has won the support watched ‘‘The Ten Commandments,’’ meaning, junk on the airwaves?’’ I and endorsements of dozens of powerful which was a good picture. That may asked. organizations, such as the American have been it. Yul Brynner plays in it But from that low point, television Medical Association. They have cer- and I liked him in it. He played well. has only continued to degenerate. It tainly won my support and my hearty So I don’t want to leave the impression seems that many television programs endorsement. Hallelujah! Turn off that that all television is bad. I think that are busily intent on answering the TV. C-Span, PBS, and the History Channel

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3971 provide worthwhile viewing to the au- every special occasion. I look forward ventional or openhanded sonnetry, dience. I also believe that program- to hearing some of those this after- light quatrains or heavy ballads, or the ming like Ken Burns’s series on the noon. age-old epic yarns of Homer and Virgil, Civil War is quality programming that Mr. BYRD. Mr. President, I thank the power of poetry surrounds us. It expands our knowledge and deepens un- Senator KENNEDY. I really have en- tells of love, of death, of things tem- derstanding. joyed my long service with the distin- poral or spiritual, and of the hereafter. But I do want to emphatically stress guished senior Senator from Massachu- It speaks of the most common of occur- that there is much more to life than setts. I have learned a great deal from rences and the most revealing of emo- the boring, degrading, demeaning fare him, and I prize that friendship. tions, and it flows like a symphony, its on the boob tube. I urge the American Mr. KENNEDY. If the Senator will meter enhancing the expressiveness of people to use this week to break your yield, does the Senator intend to men- its words. These virtues can be seen in addiction to television. Just say no! As tion that wonderful poem about the Alfred Tennyson’s ‘‘Crossing the Bar’’: the TV-Turnoff Network urges, ‘‘turn ambulance in the valley? That was al- Sunset and evening star, off TV, turn on life.’’ ways one of my favorites. I don’t know And one clear call for me! In addition to becoming healthier, whether the Senator planned to include And my there be no moaning of the bar, both mentally and physically, one that. When I put out to sea, might be able to name three Justices Mr. BYRD. I did not plan to include But such a tide as moving seems asleep, on the Supreme Court. it, but I will be happy to try to do that. Too full for sound and foam, When that which drew from out the bound- One might even be able to name the Mr. KENNEDY. I thank the Senator. less deep Vice President of the United States. Mr. BYRD. I thank the Senator. That Turns again home. Mr. President, I applaud the efforts is very thoughtful of him and very Twilight and evening bell, of the TV-Turnoff Network and urge good of him. I appreciate his interest in And after that the dark! them to keep up the good work. And I that particular poem, among others. And may there be no sadness of farewell, urge my colleagues and the American Let’s do it this way. I will make my When I embark; people to participate in national ‘‘TV speech and do the poems that I have in- For tho’ from out our bourne of Time and Turnoff Week.’’ cluded, and then I will give the Senator Place Mr. President, I have another state- a chance to make his speech, and if he The flood may bear me far, I hope to see my Pilot face to face ment I want to make. But I am very is still interested in my giving that When I have crost the bar. conscious of the fact that my favorite poem, I will be happy to, or I will be I have often found that a good poet U.S. Senator on this side of the aisle happy to wait until another day. helps me to examine my inner self has been on the floor waiting. I am Mr. KENNEDY. I thank the Senator. through the poet’s use of words, meter, very willing to set aside my speech and f and rhyme. Such poets enable their listen to my colleague before I proceed A CELEBRATION OF POETRY readers to look within and to confront further. their own vexations and perplexities, (Mr. ENZI assumed the chair.) Mr. BYRD. Mr. President, this is en- and then sort out the wheat from the Mr. KENNEDY. If the Senator will titled ‘‘Looking Up At Him’’: chaff and deal with the inevitable di- yield, I thank the Senator from West I asked the robin, as he sprang lemmas of life. An example of this can Virginia, who is typically courteous, as From branch to branch and sweetly sang, be seen in Robert Frost’s ageless mas- always. I am very grateful for his What made his breast so round and red; terpiece, ‘‘The Road Not Taken:’’ thoughtfulness. I welcome the oppor- Twas ‘‘looking at the sun,’’ he said; I asked the violets, sweet and blue, tunity to continue to listen to his very Two roads diverged in a yellow wood, Sparkling in the morning dew, And sorry I could not travel both fine statements. There are many im- Whence came their colors, then so shy; And be one traveler, long I stood portant things that are happening in They answered, ‘‘looking to the sky’’; And looked down one as far as I could the Nation’s Capitol and around this I saw the roses, one by one, To where it bent in the undergrowth; Unfold their petals to the sun, country today, but I think if the Amer- Then took the other, as just as fair, ican people will pause and listen to the I asked them what made their tints so bright, And having perhaps the better claim, good advice of my friend and colleague They answered, ‘‘looking to the light’’; Because it was grassy and wanted wear; about the importance of reading as op- I asked the thrush, whose silvery note Though as for that, the passing there posed to television, in his excellent Came like a song from angel’s throat, Had worn them really about the same, presentation, I think this would be a Why he sang in the twilight dim; And both that morning equally lay wiser and more thoughtful country. I He answered, ‘‘looking up at Him.’’ In leaves no step had trodden black. commend the Senator for his state- Mr. President, this month, our na- Oh, I kept the first for another day! ment and the subject matter. I look tion recognizes National Poetry Yet knowing how way leads on to way, I doubted if I should ever come back. forward to continue listening. Month, a celebration of poetry and its Mr. BYRD. Mr. President, I thank my place in American society. Like spring, I shall be telling this with a sigh colleague. But I want to give him a sec- poetry offers man a rebirth of his inner Somewhere ages and ages hence: Two roads diverged in a wood, and I— ond chance. I want to give my friend a spirit. Poetry expresses our humanity, I took the one less traveled by, second chance. I want to warn him that and, through meter, makes music of And that has made all the difference. this is poetry month. I am all ready to the spoken world as it rhythmically Frost’s words sing, and at the same talk about poetry, and I am ready to at sways and floats through our imagina- time, as I reflect on his deft metaphor least render my memorization of at tions. It is the laughter of children, the for the choices we all make in our least 8 or 10 or 12 poems. So I will give gentle rustle of an autumn breeze, and lives, they burn in my mind. For 83 my colleague one more chance. If he the pitter-patter of a sun shower. Po- years I have encountered diverging would like to make his speech now be- etry, simply put, is beauty defined. roads, some in the beautiful woods of fore I start, I would be happy to yield. Man comes a pilgrim of the universe, West Virginia and many here in this Mr. KENNEDY. The Senator may be Out of the mystery that was before Chamber. The choices that I have made even more reluctant to interfere. We The world, out of the wonder of old stars. at these crossroads have, in fact, made have a good prospect of listening to Far roads have felt his feet, forgotten wells all the difference. him quote poetry. All of us are enor- Have glassed his beauty bending down to Speaking of roads, there are many mously impressed that when the Sen- drink. At altar-fires anterior to Earth bridges also that we have to cross in ator travels back to West Virginia, he His soul was lighted, and it will burn on this great country of ours. It brings to takes time to learn and to memorize After the suns have wasted on the void. my mind a poem by Will Dromgoole. poems. As a result of that experience, His feet have felt the pressure of old worlds, One might think this is a man who and a very long and distinguished ca- And are to tread on others yet unnamed— wrote this poem—Will Dromgoole, but reer in the Senate, he has an enormous Worlds sleeping yet in some new dream of it is a female author: God. reservoir of knowledge of poetry and an An old man going a lone highway incredible encyclopedic memory for po- Whether constructed with long ca- Came at the evening, cold and gray, etry that always seems to be right for denced lines or intricate stanzas, con- To a chasm vast and wide and steep,

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3972 CONGRESSIONAL RECORD — SENATE April 26, 2001 With waters rolling cold and deep. A nest of robins in her hair; light to my ears, but a balm to my soul The old man crossed in the twilight dim, Upon whose bosom snow has lain; as well. I try to be selective in the The sullen stream had no fears for him; who intimately lives with rain. poems I memorize. It does take time. It But he turned when safe on the other side, Poems are made by fools like me, And built a bridge to span the tide. takes effort. It takes energy. It takes But only God can make a tree. determination. It takes discipline to ‘‘Old man,’’ said a fellow pilgrim near, ‘‘You are wasting your strength with build- Other poems delve into more complex memorize poetry. I frequently make ing here. and profound regions of the human ex- use of these poems in my speeches, Your journey will end with the ending day, perience. These poems resonate deeply carefully choosing a verse that cap- You never again will pass this way. and touch the deep chords of our tures the essence of my message, al- You’ve crossed the chasm, deep and wide, senses, echoing through our imagina- ways assured that its beauty will de- Why build you this bridge at eventide?’’ tions over and over again. Thomas liver in the keenest sense what I try to The builder lifted his old gray head. Moore’s ‘‘The Scent of the Roses,’’ convey. One such poem which has ‘‘Good friend, in the path I have come,’’ he comments on love, death, and poignant served me well is by Henry Wadsworth said, memories. Longfellow: ‘‘The Building of The ‘‘There followeth after me today Let fate do her worst, there are relics of joy, A youth whose feet must pass this way. Ship.’’ Bright dreams of the past that she cannot The chasm that was as nought to me Thou, too, sail on, O Ship of State! destroy, To that fair-haired youth may a pitfall be; Sail on, O Union, strong and great! That come in the night-time of sorrow and He, too, must cross in the twilight dim— Humanity with all its fears, Good friend, I am building this bridge for care, With all the hopes of future years, him.’’ And bring back the features that joy used to Is hanging breathless on thy fate! wear. The lines of a poem contain the time- We know what Master laid thy keel, Long, long be my heart with such memories less power of concentrated thought. What Workmen wrought thy ribs of steel, filled, Who made each mast, and sail, and rope, Whether a poem is as ancient as the Like the vase in which roses have once been What anvils rang, what hammers beat, ‘‘Aeneid’’ by Virgil or as straight- distilled, In what a forge and what a heat forward as the verses of Emily Dickin- You may break, you may shatter the base if Were shaped the anchors of thy hope! son or Ella Wheeler Cox, poetry can you will, Fear not each sudden sound and shock, evoke the full range of human emo- But the scent of the roses will hang round it ‘Tis of the wave and not the rock; tions from joy to sadness. Poems are, still. ‘Tis but the flapping of the sail, as William Butler Yeats once said, Nothing has the capacity of poetry to And not a rent made by the gale! ‘‘monuments of unaging intellect.’’ condense the pain and the beauty of In spite of rock and tempest’s roar, Poems may also be monuments to his- living and to reach the spiritual side of In spite of false lights on the shore, torical eras—speaking for every man Sail on, nor fear to breast the sea! our natures. A talented poet can elicit Our hearts, our hopes, are all with thee, and woman of the time. One such tears with only a few lines of verse, Our hearts, our hopes, our prayers, our tears. poem, ‘‘The Right to Labor in Joy,’’ by while the novelist must reach for plot Our faith triumphant o’er our fears, Edwin Markham, captures the discord twists and character development to Are all with thee, are all with thee! and tension of the era when the grasp garner a similar response. In no form of Can one think of a more beautiful de- of European despotism began to weak- expression is the choice of each word so scription of the promise of America, en: important. Listen to William Earnest and of what we as Senators have a duty Out on the roads they have gathered, a hun- Henley’s ‘‘Invictus’’ and its description to protect? We have nothing less than dred-thousand men, of the author’s triumph over an infec- the hopes of mankind in our charge! To ask for a hold on life as sure as the wolf’s tion that almost cost him his only leg Poetry is man’s attempt to reach up hold in his den. and threatened his life. Their need lies close to the quick of life as and out of his human skin, and con- rain to the furrow sown: Out of the night that covers me nect, just for a moment, with some- It is as meat to the slender rib, as marrow to Black as the Pit from pole to pole, thing perfect and eternal. the bone. I thank whatever gods may be Edwin Markham’s, ‘‘A Workman To For my unconquerable soul. They ask but the leave to labor for a taste of The Gods,’’ could be seen as a tribute life’s delight, In the fell clutch of circumstance to the perfection sought by the poet. I have not winced nor cried aloud; For a little salt to savor their bread, for Once Phidias stood, with hammer in his Under the bludgeonings of chance houses water-tight. hand, My head is bloody, but unbowed. They ask but the right to labor, and to live Carving Minerva from the breathing stone, by the strength of their hands— Beyond this place of wrath and tears Tracing with love the winding of a hair, They who have bodies like knotted oaks, and Looms but the Horror of the Shade, A single hair upon her head, patience like sea-sands. And Yet the menace of the years Whereon a youth of Athens cried, And the right of a man to labor and his right Finds, and shall find, me unafraid. ‘‘O Phidias, why do you dally on a hidden to labor in joy— It matters not how strait the gate, hair? Not all your laws can strangle that right, How charged with punishments the scroll, When she is lifted to the lofty front nor the gates of hell destroy. I am the master of my fate; Of the Parthenon, no human eye will see.’’ For it came with the making of man and was I am the captain of my soul. And Phidias thundered on him: kneaded into his bones, In plain and simple words, William ‘‘Silence, slave: Men will not see, but the Im- And it will stand at the last of things on the Earnest Henley draws from courage mortals will!’’ dust of crumbled thrones. and the depths of his soul a supreme Like the carving of Minerva that Whether introspective, political, or strength of human will, while in the Phidias so carefully chiseled into the pastoral, all poetry is intended to elicit crucible of excruciating pain and under relief of the Parthenon, a well crafted an emotional response. Some poems the shadow of death. poem lifts all of humanity and is an use free-flowing meter and cleverly Poetry has always been a passion of undeniable testimony to the immortal crafted verse to bring a smile to the mine, and a form of art which I hold nature and exceptional beauty of the reader’s face. But, very often such dear to my heart. Consequently, I have human soul. verses also embody simply universal sought to discipline my mind through A poem is a symphony of words just truths which make us nod our heads in the memorization of lines and verses of waiting to be played, and, like any agreement. One such example is the poetry. Many people jog today in the good piece of music, it only improves poem, ‘‘Trees,’’ written by Joyce Kil- exercising of their bodies. I do little of with the playing. My own repertoire of mer. that. But I mostly try to jog my mind, poems has provided me with great spir- I think that I shall never see jog my memory, give it exercise, keep itual enrichment and the special com- A poem lovely as a tree it busy. I have memorized poem after fort of finding meaning in my own ex- A tree whose hungry mouth is prest poem, trying to capture the beauty and periences which I might not otherwise Against the earth’s sweet flowing breast; wisdom of each one. Poetry has been have easily discerned. I applaud the ef- A tree that looks at God all day, my consummate companion over the forts of the Academy of American And lifts her leafy arms to pray; years, and the verses that I have com- Poets and the programs that they have A tree that may in Summer wear mitted to memory are not only a de- organized for the sixth annual National

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3973 Poetry Month. Through celebrations Oh, its’s home again, and home again, Amer- complishment that will be exceedingly such as this, I hope that poetry will ica for me! difficult to match. In my mind, Jim come to be appreciated by a new gen- I want a ship that’s westward bound to has come to symbolize what we mean eration of Americans so that they plough the rolling sea, when we use the term public servant. I might enjoy the deep spiritual enrich- To the blessed Land of Room Enough beyond the ocean bars, thank him for choosing to spend part ment that poetry has provided to so Where the air is full of sunlight and the flag of his life with us. We are all better off many. I should mention that great is full of stars. as a result. English novelist and poet, Rudyard I wish him well in whatever he choos- Mr. President, Senator KENNEDY was Kipling, who received the Nobel Prize planning to speak. While we are wait- es to pursue in the next stage of his life for literature in 1907 and about whom I and hope that others who follow in his ing for Senator KENNEDY, I shall quote was reading when I was yet in high footsteps remember the lofty standards another poem: school in the early 1930’s he established. In his ‘‘Recessional’’ and similar I saw them tearing a building down, I yield the floor. pieces, Kipling addressed himself to his A group of men in a busy town; The PRESIDING OFFICER. The fellow countryman in times of crises. With a ‘‘Ho, heave, ho’’ and a lusty yell. Chair recognizes the Senator from Min- They swung a beam and the sidewall fell. Today I shall only quote from Kipling’s nesota. ‘‘The Heritage’’: I said to the foreman, ‘‘Are these men skilled Mr. WELLSTONE. Mr. President, I The type you’d hire if you had to build?’’ came to the floor and I heard Senator Our fathers in a wondrous age, He laughed, and then he said, ‘‘No, indeed, Ere yet the earth was small, Just common labor is all I need; BYRD and Senator DASCHLE speak Ensured to us a heritage, I can easily wreck in a day or two, about Jim English. The only thing I And doubted not at all, That which takes builders years to do.’’ can say about Jim English—not nearly That we, the children of their heart, I said to myself as I walked away, as well as the two of them have spoken Which then did beat so high, about him—is, No. 1, he has worked for In later time should play like part ‘‘Which of these roles am I trying to play? For our posterity Am I a builder who works with care, and with the master, Senator BYRD. I Building my life by the rule and square? think he knows almost as much as Sen- Then, fretful, murmur not they gave Am I shaping my deeds by a well-laid plan, ator BYRD does about the appropria- So great a charge to keep, Patiently building the best I can? Nor dream that awestruck time shall save tions process—maybe not quite as Or am I a fellow who walks the town, much. But I can tell Senator BYRD that Their labor while we sleep. Content with the labor of tearing down?’’ Dear-bought and clear, a thousand year I think Jim is a lot like Mike Epstein, Our father’s title runs. Mr. President, I yield the floor. my former deputy. I came here and I Make we likewise their sacrifice, The PRESIDING OFFICER. The knew so little. Maybe I now know a lit- Defrauding not our sons. Democratic leader is recognized. tle more. I still have a lot to learn. I shall close with one of the poems by f Jim is just so gracious and so willing, Henry Van Dyke, another poet and es- TRIBUTE TO JIM ENGLISH when people are just rushing and rush- sayist popular in the closing days of ing, to take time and mentor you and the 19th century and the early decades Mr. DASCHLE. Mr. President, I come to be your teacher. Jim worked for to the floor today to honor a very spe- of the 20th century. This poem, ‘‘Amer- Senator BYRD, but in a way I believe he ica For Me,’’ has been very popular cial person. His name is Jim English. was there to work for all of us. He cer- with my own constituents for whom I He is the Democratic staff director of tainly helped me a lot. At the begin- have quoted it so many, many times the Senate Committee on Appropria- ning I hesitated to ask him. I knew of during my travels in the West Virginia tions. In the course of the 30 years he his expertise. When he was so gracious hills. has worked in the Federal Government, and so obliging and never made me feel Tis fine to see the Old World, and travel up 23 of which were right here in the Sen- as if I was a fool, then I believed he was and down ate, Jim has served the Senate and the a great teacher, willing to answer more Among the famous palaces and cities of re- American people with great distinc- questions. I have asked him many, nown, tion. many questions. He has answered those To admire the crumply castles and the stat- I have had the privilege of working questions. He has helped me. He has ues of the kings, with and getting to know Jim well as But now I think I’ve had enough of anti- helped a lot of Senators. he carried out his responsibilities on He truly represents the very best of quated things. one of the most important committees So it’s home again, and home again, America public service. We are going to lose a of the U.S. Senate, the Senate Appro- great man. The country is going to lose for me! priations Committee. Very few people I My heart is turning home again, and there I a great man. There is no question long to be, have encountered in my time in the about it. In the land of youth and freedom beyond the Senate—be they members or staff— I thank you, Jim. ocean bars, have made as big a difference in the Mr. KENNEDY. Mr. President, I am Where the air is full of sunlight and the flag lives of everyday working people. delighted to have the opportunity to is full of stars. Throughout his Senate career, Jim has join my colleagues in this well-de- Oh, London is a man’s town, there’s power in constantly and consistently done what served tribute to Jim English, who is the air; is best for the American public, regard- retiring from the Senate after 30 years And Paris is a woman’s town, with flowers in less of their political persuasion and of outstanding service. Jim has done a her hair; social status. brilliant job over the years as both a And it’s sweet to dream in Venice, and it’s Although he worked directly for our great to study in Rome majority staff director and a minority But when it comes to living there is just no colleague, Senator BYRD, Jim has al- staff director on the Senate Appropria- place like home. ways had time to listen to and help tions Committee, and we will all miss I like the German fir-woods, in green battal- deal with the needs and requests of any him very much. ions drilled, Senator who came to him seeking as- Jim was talented and always helpful, I like the gardens of Versailles with flashing sistance. I have seen first hand his pa- and he was an enormous source of ad- fountains filled; tience, his expertise, and his willing- vice and counsel for all of us on so But, oh, to take your hand, my dear, and ness to lend his considerable talents to many aspects of the appropriations ramble for a day help Member after Member do right by process. Whatever the issue, and how- In the friendly western woodland where Na- their constituencies. Perhaps the ever complex the process, especially as ture has her way! greatest tribute one can pay to Jim’s the annual deadline neared, Jim was I know that Europe’s wonderful, yet some- professionalism and expertise is that always a steady hand and a remarkable thing seems to lack: he has managed to attain the absolute source of inspiration and wise counsel. The Past is too much with her, and the peo- Jim’s name may not be well known ple looking back. trust and confidence of Senator BYRD. But the glory of the Present is to make the Suffice it to say that such a feat is as to the citizens of our states, but over Future free, major as it is rare. the years, the people of all 50 states We love our land for what she is and what During his time in the Senate, Jim have benefitted immensely from Jim’s she is to be. has set a standard of conduct and ac- skillful work.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3974 CONGRESSIONAL RECORD — SENATE April 26, 2001 It is a tribute as well to our distin- Senators on our side have made some tion. A lot of progress has been made. guished colleague, Senator BYRD, that very basic points. One is, it is impor- Everybody acknowledges that. But this he has had the remarkable service of tant what is in the bill before it comes bill should have been taken up in such an outstanding member of his to the floor. Two, I think we are quite March. Now here we are almost in May staff over the years. We will all miss far apart, although hopefully we at and we are still negotiating. If we are Jim very much. We thank him for his some time will be together about going to have everything wrapped up extraordinary services to the Senate whether or not, in fact, there will be before it ever comes to the floor of the and the nation, and we extend our best the investment in children, to make Senate, there would not be much for wishes to Jim and his family for a long sure that the children and the teachers the Senate to do around here. and happy retirement in the years and the schools have the tools to suc- Ordinarily, you get as much of an ahead. ceed. This is really a choice between agreement as you can, get a bill re- Mr. WELLSTONE. Mr. President, I whether or not you want to put so ported out, and bring it to the floor. suggest the absence of a quorum. much into, I say to the majority lead- Negotiations are not going to end. The PRESIDING OFFICER. The er, Robin-Hood-in-reverse tax cuts, They are going to continue. But on clerk will call the roll. with over 40 percent of the benefits some of them we are not going to be The legislative clerk proceeded to going to the top 1 percent of the popu- able to reach an agreement. call the roll. lation, or you are willing to make the I say to my colleague, in a State that Mr. LOTT. Mr. President, I ask unan- investment in education and children. is trying to improve education, and, imous consent the order for the I am so pleased the President has an- again, as a son of a schoolteacher, if quorum call be rescinded. nounced the goal of leaving no child be- just money would solve the problem, The PRESIDING OFFICER. Without hind. But it cannot be done on a tin we would have a higher quality of edu- objection, it is so ordered. cup budget. We are looking at the cation in America than we do today. We have spent well over $130 billion f whole issue of kids with special needs, the IDEA program, the title I program, over the past several years for the title UNANIMOUS CONSENT REQUEST— afterschool programs, teacher recruit- I program. I don’t want to demean that S. 1 ment, smaller class size, and doing program. It has done some good and Mr. LOTT. Mr. President, I think it something about these dilapidated can do more good, if we give a little is essential that we go forward with buildings. more flexibility at the local level our education reform package. A lot of So my hope is we will be able to re- where the money can be used, where it good work has been done in the Health, solve what I think are important ques- may be used differently in Minnesota Education, Labor, and Pensions Com- tions. But I think the Democrats are than it would be in Texas, give a little mittee. Senators on both sides of the very committed to this discussion flexibility to make sure you are ad- aisle—Republican and Democrat—have about education, very committed to dressing the needs of those title I chil- worked hard. They reported out a bill doing it right. If, in fact, we are going dren in an appropriate way. overwhelmingly from the committee. A to call this piece of legislation, as the But just money is not enough. We great deal of negotiation has gone on President has, the BEST, then we have to have some real reforms. Money since then between members of the ought to be doing our best for children. is part of it. I admit that. The Presi- committee, the House and Senate, both I have no doubt that the people in Min- dent has asked for more money for the reading program. The President has in- parties, and the administration. A lot nesota and the people across this coun- dicated he supports more funding for of the reform language has been agreed try are looking for a real commitment title I and for IDEA and for bilingual to, with a lot of understanding about of resources and the Federal Govern- education. the amount of funds that will be nec- ment living up to its obligation. We should be accountable. Just as we call We are making progress. He is mov- essary to implement this legislation. ing in the right direction. But I don’t But the important thing is that we for the teachers and the children to be accountable, we should be accountable know if we can ever come up with go forward. I do not think you could enough money in this area or a lot of ever get every detail worked out and as well. That is what we are going to be strong on. the other areas to suit every Senator. agreed to in advance. It is called the They can always find some way—it is legislative process. You go to the I object. Mr. LOTT. To clarify, does the Sen- easy—to say ‘‘give me more.’’ Chamber, you have debate, you have ator object to bringing up and going One of the reasons we ought to have amendments, you have votes, you get a forward with the education bill? tax relief is to let the people keep a lit- result, and you pass the bill. Mr. WELLSTONE. I said I object to tle bit more of their money to help the Over the past couple years, I have going forward with the education bill children with their needs. That is why quite often been criticized that I would while we are in negotiation, while we I think we ought to double the child not let the Senate work its will. And do not know what is in the bill, while tax credit; let the parents get more of now, for a week, the Democrats have we do not have a commitment yet on the benefit of their money to help their been blocking going to the bill, block- the investment of resources and the children with their needs. Let them de- ing the motion to proceed to the edu- Federal Government and the Senate cide if they need a little tutoring, if cation bill. and the House living up to our commit- they need a computer, whatever it may This is the highest priority for this ment to children and education in the be. President, I believe for the Congress, country. One of the reasons parents can’t al- both parties, and for the children. The PRESIDING OFFICER. Objec- ways do what they need for their own I believe that if we go forward and tion is heard. children is that they don’t get to keep have a good debate and have amend- Mr. LOTT. Mr. President, I now with- enough of the money they earn. Why in ments that we will get a result that draw the pending motion to proceed to the world would we take from the will be good in improving the quality S. 149. mouths of labor the bread that they of education in America. The PRESIDING OFFICER. The Sen- have earned? That is a quote from Mr. President, I ask unanimous con- ator has that right. The motion is Thomas Jefferson—a great line. sent that the Senate now turn to the withdrawn. At any rate, some Senators are ada- consideration of Calendar No. 23, S. 1, mant about objecting to proceeding to f the Elementary and Secondary Edu- the education bill. I think that is a cation Act. BETTER EDUCATION FOR STU- mistake. I think we ought to move for- The PRESIDING OFFICER. Is there DENTS AND TEACHERS ACT—MO- ward. I suspect that some of the an objection? TION TO PROCEED amendments that would be offered— Mr. WELLSTONE. Reserving the Mr. LOTT. I now move to proceed to and maybe the Senator from Minnesota right to object, I say to the majority S. 1, the Elementary and Secondary would support and I would oppose— leader that where I would dissent from Education Act. probably will pass. What are they wor- his remarks is that actually there is a I say to the Senator from Minnesota, ried about? We can bring this to a sat- lot of negotiation going on. I think there have been many days of negotia- isfactory conclusion that would be

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3975 good for everybody. This is a win-win- I had an opportunity to talk with Mort Dworken, the Charge d’ Affairs at win opportunity. Let’s not blow it. Palestinian Authority Chairman Yas- the American Embassy. f ser Arafat, who makes representations When questioned about the proposed CLOTURE MOTION which simply are not true. Arafat European Defense Force, Mr. Parry of- makes the contention that he has Mr. LOTT. Mr. President, I send a fered insight as to why Mr. Blair, who issued an unequivocal edict for the Pal- is a strong supporter of NATO, had cloture motion to the desk to the pend- estinians to cease the violence, citing come out in favor of an European de- ing motion to proceed so that we can as an example a speech he made at the fense force. According to Mr. Parry, get under way. I have let the Senate Arab summit. When that speech is ex- Mr. Blair apparently believes that by basically mark time now for the last amined, it is so conditional as to be week without achieving any real meaningless. putting a European flag on the force progress or closing the negotiations. I We had an opportunity to travel as structure, European nations will be think it is time we guarantee that we well to Damascus where conversations more likely to put money into it as can get on the bill. were held with Foreign Minister al- well as spend the money on what they The PRESIDING OFFICER (Mr. BEN- Shara. should in a NATO context. NETT). The cloture motion having been The situation between Israel and Mr. Parry noted the idea of a Euro- presented under rule XXII, the Chair Syria is very tense. Israel retaliated pean defense force has been around directs the clerk to read the motion. against a Syrian radar installation be- The legislative clerk read as follows: since 1952. He said it is not designed to cause of the Hezbollah attacks against remove the U.S. from the theater, but CLOTURE MOTION Israel from southern Lebanon make it more likely to have the U.S. We the undersigned Senators, in accord- Hezbollah being backed by Iran with ance with the provisions of rule XXII of the there because the Europeans would be the concurrence of Syria. pulling more of their own weight. Standing Rules of the Senate, do hereby The trip I made occurred during the move to bring to a close debate on the mo- past Easter recess, and I will describe On the issue of the International tion to proceed to Calendar No. 23, S. 1, an Criminal Court, Mr. Parry stated that original bill to extend programs and activi- it in some detail in the course of this ties under the Elementary and Secondary floor statement. the U.K. is generally in favor of it. It Education Act of 1965: Upon coming back to the United believes there is a need for a forum to Trent Lott, Jim Jeffords, Bill Frist, Rick States, I have written to the President hold those accountable who would oth- Santorum, Kay Bailey Hutchison, Don urging him to appoint a special rep- erwise escape justice because of a lack Nickles, Tim Hutchinson, Strom Thur- resentative in the Mideast, just as that of interest in their home jurisdiction. mond, Frank Murkowski, Pat Roberts, had been the practice going back to the He was surprised when I told him that Sam Brownback, Jeff Sessions, Mike days when Henry Kissinger shuttled for War Crimes Tribunal Prosecutor Carla Crapo, Judd Gregg, Susan Collins, and Jesse Helms. President Nixon, special envoys being Del Ponte was thinking of indicting appointed by President Jimmy Carter, General Wesley Clarke and other NATO Mr. LOTT. Mr. President, I have con- President Ronald Reagan, President sulted with Senator DASCHLE and ad- officers for targeting civilians and for George H. W. Bush, and President Bill recklessly endangering them in tar- vised him that I would be filing clo- Clinton. ture. This is not a surprise on his part. geting military objectives. Mr. Parry Mr. President, from April 7 to April said it was his understanding that that I know Senator KENNEDY was aware of 21, we traveled from New York City to it. I am sorry he was not on the floor British troops could not come under in- London, Florence, Ashkelon, Tel Aviv, dictment because of provisions that the because he has been working very hard Jerusalem, Cairo, Damascus, Beruit, United Kingdom would take care of its doing a good job. Souda Bay, Crete, and Rome en route own. Under the rules, this vote then would to Philadelphia. occur on Tuesday. I ask unanimous In London, we met at the British When I asked why we are putting so consent that this cloture vote occur at Ministry of Defense with Ian Lee, the much into NATO in light of the loss of 9:30 a.m. on Tuesday and that the man- Director of the NATO and European the Soviet threat, Mr. Parry replied datory quorum under rule XXII be Security Policy Department, and Dep- that NATO’s actions in Kosovo show waived. uty Director, A. D. Richards. The that it is still necessary. The PRESIDING OFFICER. Without meeting touched on a range of issues. Our conversation then turned to the objection, it is so ordered. Among those were President Bush’s po- f U.K.’s actions with Iran and Iraq. Mr. sition on missile defense, the British Parry noted that Britain was looking MORNING BUSINESS outreach to rogue nations, the viabil- to keep a relationship open with the ity of NATO absent a Soviet threat, Mr. LOTT. Mr. President, I ask unan- nations, and then if firm action was plans for the proposed European de- imous consent that there now be a pe- later required, the relationship could fense force, and the British thoughts riod of morning business with Senators be adjusted accordingly. permitted to speak for up to 10 minutes on the War Crimes Tribunal and the each. International Court. I then asked Mr. Parry if the Euro- The PRESIDING OFFICER. Without Mr. Lee stated that the British reac- peans might eventually be on board the objection, it is so ordered. tion to President Bush’s position on idea of missile defense. He responded f Missile Defense and its effect on the that the assumption in Britain was the ABM Treaty was one of general sup- United States would go ahead and de- REPORT ON FOREIGN TRAVEL port. They have an appreciation for the ploy a missile defense system, if it Mr. SPECTER. Mr. President, I want risks and agree with the United States would work. The British position is to make a statement on a recent trip I on the threats. However, they are wait- that they will do what is necessary to have made to the Mideast. I want to ing to see what the actual proposal ensure its success, but would like it to alert my colleagues to the fact that be- would be. be ‘‘arranged in such a manner as to yond what is available in the news Mr. Lee stated that the United King- generate greater solidarity on the media, the situation in the Mideast is dom was at a different stage than the issue.’’ so serious it is really hard to describe. United States in regards to its relation The concern I have is that the violence with several rogue nations. Its mission We then had substantive discussions is likely to move beyond the borders of in Iran is moving toward having an am- in a working tea with the Baroness Israel where Hamas and Islamic Jihad bassador, while it continues an effort Scotland of Asthal QC, the Parliamen- may be targeting other installations, to establish diplomatic ties to Libya. tary Under-Secretary of State for For- perhaps even U.S. installations. I next met with Mr. Emry Jones eign & Commonwealth Affairs with I had an opportunity to talk with the Parry, the Political Director and Dep- ministerial duties including North Israeli leaders, including Prime Min- uty Undersecretary of State for the America. Over tea at the House of ister Sharon, who has the understand- Foreign and Commonwealth Office. Lords, we discussed the American/Brit- able position that he is not going to ne- Also attending was Mr. Jonathan ish relationship. She also described her gotiate for peace until the violence has Darby, the U.S. Desk Officer, Foreign background and how she came to be in ended. and Commonwealth Office, and Mr. the House of Lords.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3976 CONGRESSIONAL RECORD — SENATE April 26, 2001 After having tea in the House of the case. Now counterfeits can often be Piazza SS. Annunziata. Mr. McCormick Lords, we then walked across Par- of a very good quality, and be very dif- gave me a brief on the activities of his liament to the House of Commons Cen- ficult to differentiate. center which was founded in 1988 ‘‘to tral Lobby, where I was met by the Rt. We were surprised that the Italian strengthen the research capability of Hon. Geoffrey Johnson Smith, MP, government doesn’t do more to stop the United Nations Children’s Fund, with whom I had a wide ranging discus- this form of theft, especially since so UNICEF, and to support its advocacy sion of issues. Smith and I had debated many of the top designers are from for children worldwide.’’ We touched on in November 1949 when he represented Italy, and asked how much litigation several areas including an on-going Oxford and I was on the Penn team. they are involved in to protect the study in West Africa on trafficking in Later that same day, we met with Ferragamo name. Most litigation, it children, religious persecution in the the country team headed by Mort turns out, is of a civil nature and is in- Sudan and child protection. His first Dworken, Charge d’ Affairs, who junctive in nature. Even though most hand accounts of children as young as briefed us on the latest information re- actions are civil, it is very difficult to five being used as soldiers and camp garding foot and mouth disease, fallout get damages based upon the design of slaves in Sierra Leon were quite trou- from the Administration’s position on Italian law. bling. His organization continues to the Kyoto Accords, European security As for criminal actions, it is recog- push for the education of young chil- policy and the status of US/British re- nized as a form of larceny, but the dren which they see ‘‘as central to poor lations. criminal courts consider it to be of countries economic well-being.’’ In attendance were Mort Dworken, nominal value and not as important as After leaving UNICEF’s Research Charge d’ Affairs; Tom Hamby, Foreign other crimes. We were told that in one Center, we participated in a press con- Agriculture Minister-Counselor with case often cited by the courts, a cus- ference at the Florence City Hall, the U.S. Department of Agriculture; Ed tomer went to buy a ‘‘Ferragamo’’ Palazzo Vecchio regarding a joint ef- Kaska, Economic Affairs Officer; Cap- purse and paid a low price for it. The fort between Italian Police and Micro- tain Stu Barnett, USN, Defense Atta- court reasoned that since the price was soft in Livorno, Italy in which a large che; and Sonya Tsiros, Political Offi- so low, the purchaser had to know it counterfeiting operation was uncov- cer. wasn’t a real Ferragamo purse and ered. Attending were representatives of We initially asked about the current therefore, no fraud occurred. I com- Microsoft, and local government offi- status of the foot and mouth epidemic mented that by prosecuting a few cials. and were told the disease was still not white-collar crimes, a real deterrent ef- At the news conference, the Micro- under control. The British Government fect could be achieved. soft representatives stated that coun- was undertaking a massive control pro- Later that day, we discussed a wide terfeiting was most prevalent in Tus- gram to try and isolate the virus. This range of US/Italian/European issues cany so they had started a law enforce- included the slaughter of over 1 million over lunch with Consul General ment action in Florence. They said head of livestock with another half Hilarion Martinez at his home above that the reproduction or cloning was so million yet to be killed. In addition, the American Consulate. During the good that it took Microsoft experts the government was restricting move- course of our discussion, he stated that some 15 minutes to tell the difference ment in the countryside including the although American students widely between a counterfeit product and a closure of such historic sites as Stone- participate in education programs in genuine product. They also stated that henge. Florence and all throughout Italy, it they had located in the past year in Tom Hamby, from the U.S. Depart- was difficult to get Italian students to Europe some 25 million Microsoft coun- ment of Agriculture, noted that the come to the U.S. because Italian Uni- terfeit products on the market at a loss U.S. currently has sixty veterinarians versities often do not recognize the of 1.7 billion dollars. in the country both to help as well as credit hours bestowed by American According to Microsoft, the national become educated on successful ways to Universities, absent a one on one (Italy) rate for illegal/counterfeit combat the disease. He described the agreement between the institutions. Microsoft sales was in the 31–37 percent effort much like a military campaign Early the next day, we set out to category. In Brescia, the illegal repro- so that if the virus gets to the U.S., we visit the Georgetown campus in the duction was 65 percent before passage will have people trained and on the hills above Florence. Upon arrival, we of the copyright law in 1999, and have ground to fight it. were greeted by Ms. Heidi Flores, the since been reduced to 29 percent. The We inquired into the political and Director of the Georgetown program. law provides for fines and a jail sen- economic effect of the disease and The campus is located on a beautiful tence and also has provisions for search found that both had been affected. villa overlooking the whole of Flor- and entry. There have been some ef- Prime Minister Blair postponed the na- ence, and was established in 1981 when forts to apply the copyright infringe- tional elections until June 27th due to the facility was donated to the univer- ments to internet apparently to online the severity of the disease. Economi- sity. It has 27 students currently en- sales. cally, the disease had yet to show its rolled and 6 faculty. Other similar pro- We had an opportunity to discuss full weight. Although the U.K has less grams in the area include New York with the attorneys whether there had than 2% of its Gross Domestic Product University, Syracuse, Smith College, been any criminal prosecutions in agriculture, the closure of the California State, Florida State, Stan- brought under the new law. They re- English countryside had a clear eco- ford, and the Universities of Michigan sponded with a lengthy description of nomic affect in regards to tourism. At and Wisconsin. the process. Apparently, there had been the time, there was no definitive num- We asked them who it was that we no criminal prosecutions. We then ber on the economic impact. could talk to about producing a recip- asked if there had been a use of the Early the next morning, we traveled rocal agreement between the U.S. and search and entry law, and he said that to Florence, Italy where our first meet- Italy which would seek to recognize they had one such case where counter- ing was with a trio of lawyers with the credits equally. The Minister of Uni- feit products had been transported famed Ferragamo family businesses to versities was identified as the appro- from Singapore to Holland to Milan. discuss trademark protection. During priate individual. He could give sub- The Microsoft experts aided the police the meeting, we were told that the ma- stantial background information re- in the search and entry, helping to jority of Ferragamo products which are garding the problem. identify counterfeit products. illegally copied originate in Asia. We During my visit at the Georgetown In Israel, we met with Prime Min- asked how counterfeiting was detected, campus, we met Cuffe Owens a student ister Ariel Sharon, former Prime Min- and whether there were any trouble in and a nephew of my colleague Senator ister Ehud Barak and Foreign Minister distinguishing the quality between JOE BIDEN. Shimon Peres. Our first meeting was counterfeit and non-counterfeit goods. After returning to the city, we met with Mr. Peres whom I first met in Tel The answer was yes, there often is a with Mr. Patrick McCormick, the Di- Aviv in 1980 and have seen him on difference in the quality of the leather rector of Communications for the many occasions since, both in the and accessories. But that is not always UNICEF Innocenti Research Centre on United States and in Israel.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3977 Minister Peres was in good spirits, spoke at length about his extensive After our meeting with Ambassador displayed his great sense of humor, three-way discussions involving Presi- Lubrani, we drove from Tel Aviv to Je- proceeded to give a comprehensive dis- dent Clinton, Arafat and himself. He rusalem where we met the next morn- course on the state of affairs in the spoke about, as he put it, his ‘‘con- ing with Prime Minister Ariel Sharon. Mid-East, and to respond to our ques- templation’’ as to what might have Also in attendance was Binyamin Ben- tions. Minister Peres started our con- been encompassed in a settlement, but Eliezer, the Minister of Defense, and versation by saying that terrorism was emphasized that none of the discus- Daniel Ayalon, the Foreign Policy Ad- as un-American as communism used to sions about Jerusalem or the conces- visor to the Prime Minister. be. The topic of conversation on our sions on land were final offers until the Our meeting was conducted with a minds was the escalating violence on entire deal was complete. backdrop of an escalating conflict. the border with Gaza, and the northern I told him that I had met in Wash- During the previous evening, Israeli border with Lebanon. Peres was firm in ington several weeks ago with the planes had bombed a Syrian radar in- his conviction that when the time to Egyptian Foreign Minister who said he stallation in Lebanon in retaliation for negotiate comes, everything must be knew I had a trip planned to the Mid- the actions of Hezbollah in south Leb- on the table, no impositions on the East and urged me to meet with anon. I started my conversation with Israelis, and no impositions on the Pal- Arafat. I told him I would consider it. the Prime Minister by noting that the estinians. When President Mubarak was in Wash- Egyptian Foreign Minister had asked Peres then asked me to explain to ington in early April, he also urged me me to talk to Chairman Arafat. Prime Palestinian Authority Chairman to meet with Arafat and I agreed to do Minister Sharon wasted no time in de- Arafat whom I was scheduled to meet so providing the meeting took place in livering his message. The policy of the later in the trip, that some of Sharon’s Cairo. In my discussions with Presi- Israeli government would be to draw a words are very tough, but that the dent Mubarak, I had anticipated his distinction between the civilian popu- being present during my meeting with Israelis have several guiding principles. lation and terrorists, supporters of ter- Arafat. As it worked out, Mubarak was They will respect signed agreements as rorists and instigators. He stated that not in Cairo for my scheduled meeting long as both sides respect them. Israel, he plans to ease the conditions in the with Arafat. His deputy Osama El-Baz he said, is ready to make painful com- territories. And at the time, stated he joined me in the meeting. was ready to show flexibility except in promises for peace, including reem- The former Prime Minister stated ployment in the territories. He also one area, under no circumstances will that he thought it would be very useful he be flexible with the security of the added that the final proposal offered for me to meet with Arafat, so Arafat under former President Clinton is dead Israeli citizens. would understand the thinking of a Although Sharon did express some since he left office. He stated that he member of the Senate. I asked Mr. willingness to negotiate, it was clear thought it was a big mistake on Ara- Barak about the prospects for the that in his eyes the plan pushed by fat’s part not to accept that deal. peace process from this point forward President Clinton in his waning days in Peres stated that it is currently very and he said he thought it would be very office, is dead. ‘‘Peace is more painful hard to negotiate because of all the difficult for the immediate future. He than war,’’ he said, ‘‘because you have anger. Arafat’s delivering of emphasized that he had great admira- to make concessions for peace.’’ ‘‘I ‘‘impossible″ speeches only makes it tion, respect and friendship for Prime have a true desire to move the process more difficult as well. His view is that Minister Sharon whom he has known forward, not the process that has al- the Palestinians think Israelis are for decades, and emphasized he would ready failed.’’ No negotiations would militarily harsh in the territories, and do anything in his power to help the occur, Sharon assured me, under the that in order to move forward, a dif- new Prime Minister. ‘‘threats of terror.’’ The violence must ferent climate must be created there. Mr. Barak asked me about Israel’s stop. The Prime Minister noted the vi- The best thing that could happen is to standing in the United States. I replied olence occurring in Gaza, and stated change the conditions there. The an- that U.S. Congressional support for that the violence could not continue. swer for the Palestinians is not the Israel was continuing, and I thought The Israelis wouldn’t accept it. ‘‘We battlefield, but the bargaining table-as that the new Bush Administration are very much interested in stability in it has historically been. would similarly be very favorably dis- the Middle East, but we are not going I asked Minister Peres whether posed. We talked about the evenly di- to pay for it. We have the natural right Arafat could control terrorism. He re- vided Senate, and he was very inter- to exist and defend ourselves.’’ plied he could do a lot by making a ested to know about our recent budget I told Sharon that we were planning strong and unambiguous declaration battle and the significant role played on driving from Damascus to Beruit as against it, and prevent the police force by Vice President CHENEY. He asked part of our trip. He said the current participation in the violence. Minister about the economy which we then dis- situation that exists in south Lebanon, Peres stated that the current situation cussed at some length. is not what was contemplated by the was not one of absolutes, except that Upon leaving my discussion with withdrawal agreement. Hezbollah the Israelis seek absolute effort. The former Prime Minister Barak, I met wasn’t supposed to occupy the posi- first expression of that effort is an un- with Ambassador Uri Lubrani, the Leb- tions they currently hold. ambiguous, unconditional and strong anon Coordinator for the government Sharon then stated that Iranian in- statement rejecting violence delivered of Israel at the Ministry of Defense fluence continued to grow in the area, in Arabic. Headquarters. Joining us was the with the approval of Syria. ‘‘Iran is Following our meeting with Foreign former Foreign Minister to Iran, Zidma building an independent center of Minister Peres, we walked a block to a Divon, Deputy Director General of the international terror, which could not meeting with former Prime Minister Foreign Ministry, and John Scott, have been done without the support of Ehud Barak. I had first met the former Counselor for Political Affairs at the Syria. Syria could have stopped them.’’ Prime Minister when he was just out of American Embassy. They expressed Sharon then noted that the actions the army, and starting to become ac- real concern with Iran’s backing of the of the previous evening in bombing the tive in labor politics, perhaps five or Hezbollah movement in South Leb- Syrian facility was a warning to Syria. six years ago. I have met him on sev- anon. During the course of our discus- He wanted to send a signal that Israel eral occasions subsequently, including sion about Iran, Ambassador Lubrani would not accept the possibility of his visit to the White House in July showed me a quote from a report of a Israeli soldiers being killed in Israel. 2000 where President and Mrs. CLINTON British Ambassador to Tehran in the Negotiations do not currently exist hosted a large dinner in his office in his sixties, at the end of his tour of duty: with Syria. First must come the Pales- honor, in a big tent on the South Lawn. ‘‘The Iranians are people who say the tinian question. ‘‘Israel can’t negotiate Mr. Barak was also in good spirits opposite of what they think and do the on two fronts when peace requires considering the strenuous campaign, opposite of what they say. That does painful concessions.’’ his recent election defeat, and the dif- not necessarily mean that what they Out talk concluded with Prime Min- ficult negotiations and tenure as Prime do does not confirm to what they ister Sharon noting that the imme- Minister. The former Prime Minister think.’’ diate threat to stability in the region

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3978 CONGRESSIONAL RECORD — SENATE April 26, 2001 remained Tehran, and that only the stop any acts of violence. I said to out about it, he had ordered it stopped United States could lead the anti-ter- Arafat that the instruction to stop any with the people doing the shooting to ror struggle in the free world. acts of violence would be in accordance be arrested. In the course of the next After our meeting with Sharon, we with his famous letter of September 9, several days there was repeated mortar flew to Cairo, Egypt and at approxi- 1993 which was the inducement for shelling into Israel by Palestinians. mately 6 p.m., had a meeting with Dr. Prime Minister Rabin and Peres to Contrary to Arafat’s assertions, our in- Osama el-Baz, advisor to President Mu- meet with Arafat at the White House telligence sources advised he had au- barak. Dr. el-Baz and I talked at some on September 13, 1993. In that letter thorized the shelling. length about the current situation in Arafat renounced the use of violence From Cairo, we departed for Beirut the Middle-East, the U.S. role, and and said he would take disciplinary ac- by way of Damascus. Climbing up the about my meeting with Chairman tion against any of his people who vio- mountains on the way to Beirut, we Arafat later that evening. During that lated his direction. passed the location of the Syrian Radar meeting, some issues arose as to U.S. Arafat then said that he had said all site that Israeli forces destroyed in a intelligence questions, so I called CIA the things that I had mentioned. raid just a few days earlier. The U.S. Director George Tenant in Washington Erakat then said that not only had Embassy compound in Beirut is the to get the current status report. Arafat made these statements in a most heavily fortified embassy in the Dr. el-Baz arranged a boat ride and speech at the Arab summit, but that world. Standing in the middle of the dinner for us on the Nile river where Shimon Peres had asked Arafat to compound, as a stark reminder, are the we met with a variety of Cairo’s lead- make these statements from his own remains of the prior Embassy that was ing citizens including journalists, pro- lips, and that Arafat had done so. destroyed by a bomb. fessionals, businessmen and industri- Dr. Osama el-Baz and I both stated While remaining in the compound alists. I was questioned about why the that we had not heard any such state- overnight, we received an in depth U.S. continued to support Israel when ment. If any such statement was ever briefing on the current situation in Israel has responded with dispropor- made, it was doubtless in a long speech Beirut and Lebanon, with insight pro- tionate force to the actions of the Pal- and was followed or preceded by many vided by Ambassador David Satterfield, estinians. I responded that the U.S. was conditions. and his Deputy Chief of Mission David trying to carry out the Camp David Ac- I told Arafat that there was consider- Hale. As Ambassador Satterfield point- cords in which their great President able anti-Palestinian Authority senti- ed out, Lebanon was very badly divided Anwar Sadat had invested so much ment in the Congress with some 87 because of its charter (its form of a time and effort, and that Israel had members of the Senate and over 200 constitution) which divided authority agreed to discuss peace once the vio- members of the House writing a letter between three Lebanese factions. He lence had stopped. urging action that the Palestinian Au- commented about how Beirut had the Shortly before 10:30 p.m., we arrived thority be ousted from its Washington potential to regain its status as ‘‘Paris at Chairman Arafat’s guest house. office. of the Mid-East,’’ but that there would After meeting quite a number of his At one point I asked Arafat why he have to be major economic reforms. He colleagues Dr. el-Baz, Chairman Arafat had not accepted the very generous also commented that the Prime Min- and Arafat’s chief deputy, Saeb Erakat offer from Barak on territorial conces- ister Rafik Hariri had been discussing and I went upstairs to a private room sions on the West Bank and significant with the World Bank and International so we could have, as Osama el-Baz said, concessions on Jerusalem. Arafat re- Monetary Fund about ways to get fi- a tete-e’-tete. Arafat and Erakat were plied that he had accepted that offer on nancing which could lead to a revital- visibly disturbed about the status of a number of occasions including his ization of Beirut. Satterfield also noted the violence between Israel and the meeting with President Clinton at the that Hezbollah was a very strong force Palestinian Authority. They were espe- White House. Again, Arafat’s state- in Southern Lebanon, with only a few cially distressed because, as they told ment did not comport with the facts hundred fighters. us immediately upon our arrival, Israel since he had imposed so many condi- Beirut still shows the scars of its sav- was taking forceful military action tions. age civil war with its once beautiful against Gaza as we spoke. I said that my staff and I had met hotels reduced to shells. There is a re- During the course of our discussion with Prime Minister Sharon earlier building effort, however, and its cen- which lasted more than an hour, we that day and that Sharon had said, tral business district has been rebuilt were interrupted six or eight times by among other things, that peace was to some extent. Arafat’s men who came in and handed more painful than war because in peace We drove back from Beirut to Damas- Arafat written messages. Arafat spoke you had to make concessions. I cus. Ambassador Ryan Crocker hosted in Arabic which was interpreted by thought from that, it was apparent a dinner for visiting Assistant Sec- Erakat on detailing the action being that Sharon was interested in peace retary of State for Near Eastern Af- taken by Israeli military with heli- talks. fairs Edward Walker and our party. We copters and missiles. Erakat commented that he had ex- had a wide ranging conversation about Arafat and Erakat described the situ- pected a call from an Israeli contact. I the current state of affairs in the Mid- ation as very serious recounting the told Erakat that I would call the con- East. I reported on our trip to Beirut, number of Arabs who had been killed tact which I did the next day. When I which Ambassador Ryan noted with and wounded and then reciting the telephoned Erakat later in the day, he some interest as he was the Ambas- number of Israeli casualties which confirmed that the Israeli contact had sador to Beirut when our embassy was showed a much larger number of Arab called him. last bombed. casualties. Erakat was especially I further told Arafat that Sharon had The next morning we met with Syr- feverent in pleading for some help as to told me earlier in the day that he was ian Foreign Minister Faruq al-Shara a way to break the impasse. prepared to allow Palestinians to come and Deputy Foreign Minister Walid al- After a considerable discussion, I said into Israel for work providing there Mu’allim. At the start of our meeting that I would venture a possible ap- was no security risks. Sharon had spec- we discussed my last visit to Syria, proach which was not a recommenda- ified that he was not doing this in ex- which was for President Assad’s fu- tion because I thought that would not change for anything from the Pales- neral. I told FM al-Shara that my fel- be appropriate. I then said that one ap- tinian Authority because he did not low Senators were very interested in proach might be for Arafat to make a want it viewed that Israel was making Syria, and then mentioned that I had public statement that the cycle of vio- concession or buying peace in any way. just been to see Chairman Arafat in lence was untenable, and that while he I asked Arafat if there was any sub- Egypt. I discussed my recent travels in would much prefer to have a joint stance to the contention that the Pal- the area, and related that everyone statement made by Sharon and himself estinians had been firing out of Gaza would like the violence to stop. The with a schedule on a comprehensive ap- into Israel. Arafat replied that he did Foreign Minister asked me what Israel proach, he would make a unilateral have a report of three such mortar was seeking, and I told him of my dis- statement directing all Palestinians to shots; but that as soon as Arafat found cussions with Prime Minister Sharon,

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3979 who stated that he is determined to d’Affairs William Pope, and Margaret His annual Messiah performances re- avoid Israeli loss of life and will act ac- Dean, Minister-Counselor for Economic kindle fond memories among many cordingly. I also told him that the Affairs. We discussed the effect of the Aberdonians. Alyce continues to define Israelis intended to ease up on the bor- European Union on NATO, reviewed excellence in piano performance and ders as long as there were no threats to the current areas of work for the em- teaching, regularly accompanying stu- security; the Israeli government posi- bassy, and the effect of the strong U.S. dents to this day. tion was that all the violence must dollar on tourism. In addition, I briefed Over two decades ago, friends, fac- stop prior to any talks taking place. I them on parts of my visit to Florence ulty, alumni and students surprised the then encouraged him to talk to the including our meeting with the attor- Berggrens with a musical thank you. Israelis. neys for Ferragamo, and our visit to In 1978, to honor both Jack and Alyce, Foreign Minister Shara said I had the Georgetown campus. their community sponsored ‘‘The Gala persuaded Syria, or perhaps, more ac- Margaret Dean was familiar with the Concert for the benefit of the Northern curately been a factor, to enter into case that the Ferragamo attorneys had State College Music Department.’’ In negotiations with Israel in my numer- told us about in which a person pur- addition to NSU music students and ous discussions with former President chased counterfeit goods at such a low faculty, the concert included the Aber- Hafaz El-Assad during the 1980’s and price that the judiciary reasoned the deen Barbershop Chorus and the Elks 1990’s. I had first visited Damascus in purchaser could not have believed the Chorus. 1984 and had met with President Assad goods to be authentic, and therefore Gala II was held in 1989, and this almost every year from 1988 to 1998. found no fraud in the sale. She stated year, May 5, marks the third Gala con- Minister Shara stated that only after that often, because of that case, sellers cert. I am pleased to know that the beginning discussions with the Israelis of counterfeit goods often go so far to Johnson Fine Arts Center will once did it become apparent that they didn’t label the goods as ‘‘fake’’ to avoid pros- again display the talents of those want peace. I reminded him that both ecution. touched by the Berggrens. I only regret sides came very close on the Golan and The Embassy reported that it doesn’t that I cannot be there in person to that a dialogue must continue. have any one overriding area that it enjoy the event and the company of Our attention then turned to Iraq, concentrates on. It has several areas of Jack and Alyce. Instead, I hope this China and recent American politics as concentration which include tourism, statement will serve as my small con- well as efforts to exchange Parliamen- trade disputes, military issues, and the tribution and a symbol of immense tarians with Iran. Mid-East situation. Charge d’Affairs gratitude to Jack and Alyce for their We left Damascus and flew into Pope reported that Italy had changed a contributions to the musical arts in Souda Bay, Crete, which houses the lot and had become a fairly different South Dakota. U.S. Naval Support Activity Souda place in the last decade. He reported a f Bay, and Fleet Air Reconnaissance recent high-tech emphasis that has TRIBUTE TO KATHRYN COLE Squadron Two, VQ–2, a unit responsible helped propel the country’s economy to for reconnaissance missions for the the 6th largest in the world. The coun- Mr. DASCHLE. Mr. President, I Mediterranean, and which is the coun- try has also benefitted from the in- would like to take this opportunity to terpart to the unit that was involved in crease in tourism generated by the express my gratitude to a very special the recent mishap with a Chinese pilot strong American dollar. person in South Dakota who has dedi- in international waters off the coast of On April 21, we flew from Rome to cated many years to the Northern China. Philadelphia. Black Hills’ Retired Seniors Volunteer I was met by Captain Steve Hoefel, I yield the floor. Program. the Base Commanding Officer and was f Today, the directors and volunteers set up in quarters for the night. That of this RSVP program will gather at night, Rear Admiral Steve Tomaszeski, IN APPRECIATION OF ALYCE AND their annual recognition banquet to the Commander of the Mediterranean JACK BERGGREN celebrate the dedication and hard work Air Fleet, flew in for a brief to be held Mr. DASCHLE. Mr. President, I ap- of Kathryn Cole, who is retiring from the next morning. preciate the opportunity today to this RSVP community after 21 years of On Friday, April 20, we received a honor two very special people from my service. In fact, for 20 of those years, classified brief on the mission of the hometown of Aberdeen, SD. Alyce and Kathryn served as the director of this base and its reconnaissance aircraft. Jack Berggren have contributed tire- important program. The base’s main responsibility is to lessly to the arts of South Dakota, and The generous gift of Kathryn Cole’s support and resupply the forward-de- I am blessed to call Alyce and Jack my time and experience has benefitted ployed Navy and Marine Corps forces. long-time friends. those around her in countless ways, It has the largest fuel storage facility, Alyce Bedrosian grew up in Chicago and I truly applaud her ‘‘can-do’’ spirit, largest ammo storage facility and the in an Armenian family. After earning a her determination, and her dedication deepest port in the Mediterranean, and masters degree in piano from North- to the betterment of the communities is strategically located near the Mid- western University, she was hired by of the Northern Black Hills area. From East. Northern State Teachers College in Spearfish to Belle Fouche to Lead, We toured the base, and the port fa- 1947. Though she carried a return train Kathryn has sent hundreds of volun- cility located nearby. A large amount ticket from her concerned father, teers to serve and support local com- of construction was occurring on the Alyce decided to remain in South Da- munities. With her warm spirit, she dock with the installation of new fa- kota. She never used the ticket. has always made a special effort to en- cilities designed to give sailors and Ma- Jack Berggren’s boyhood was spent a sure that volunteers have the oppor- rines all the amenities of home when world away in Scottsbluff, a small tunity to participate in the activities they dock. I was pleased to find two town in western Nebraska. He studied that both interest and inspire them. Pennsylvanians among the many Navy voice at Hastings College in Hastings, From tutoring at local schools to deliv- Construction Battalion sailors working NE, and came to Northern State Uni- ering Meals on Wheels to offering serv- on the structures. versity in Aberdeen in 1949. There, he ices to the High Plains Heritage Mu- We also had the opportunity to tour met Alyce, and they began performing seum and the Mathews Opera House, an EP–3 aircraft similar to that which together. In Jack’s own words, he mar- Kathryn has made an immeasurable remains in China, and were briefed on ried his ‘‘accompanist’’ in 1950. contribution to the Northern Black the various station’s responsibilities For almost half a century, the Hills. during flight operations, as well as talk Berggrens have touched the lives of There is a special feeling of satisfac- to several of the crew members. We countless NSU students and music tion that comes only from volun- also had the opportunity to see an E3 lovers of the northern plains. ‘‘Dr. B.,’’ teering. Through her tremendous lead- AWACS on the runway. as his students affectionately call him, ership, Kathryn Cole has helped seniors From Crete we flew to Rome where taught voice, directed choirs and experience that satisfaction with serv- we received a brief by the Charge served as the NSU Dean of Fine Arts. ice to their communities. I know my

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3980 CONGRESSIONAL RECORD — SENATE April 26, 2001 colleagues will join me in honoring her important benefits of the bill are its li- tion of the criminals who injured them dedication to improving the quality of ability and finality provisions. The bill and their families. It gives victims the life for area residents. We all owe an specifies that prospective purchasers, right to be notified and consulted on enormous debt of gratitude to Kathryn innocent landowners, and contiguous detention and plea agreements; the for such an invaluable contribution to property owners, who exercise due dili- right to be heard at sentencing; the the Northern Black Hills and the entire gence in purchases, are not responsible right to be notified of the escape or re- State of South Dakota. We wish her for paying cleanup costs. The stringent lease of a criminal from prison or a well as she begins her well-deserved re- liability scheme under Superfund grant of executive clemency; and the tirement. hinders those who want to invest in right to a speedy trial and prompt dis- f these sites for fear of liability. These position, free from unreasonable delay. barriers are unnecessary and do not The rights established by this bill BROWNFIELDS REVITALIZATION foster development and growth in our will fill existing gaps in federal crimi- AND ENVIRONMENTAL RESTORA- inner cities. Additionally, the bill pre- nal law and will be a major step toward TION ACT OF 2001 cludes EPA from taking action on a guaranteeing that victims of crime re- Mr. DOMENICI. Mr. President, today site that a State has already placed in ceive fair treatment. Our bill achieves I want to take a moment to share some a cleanup program, unless there is an these goals in a way that does not thoughts on the Brownfields Revital- imminent and substantial interfere with the efforts of the States ization and Environmental Restoration endangerment to the environment or to protect victims in ways appropriate Act. I believe that this act is impor- public health, and some additional to each State’s unique needs. Rather than mandating that States tant and can do positive things in com- work must be completed. munities across America. Finally, the bill authorizes $150 mil- modify their criminal justice proce- dures in particular ways, our bill au- Laws related to brownfields were the lion per year to help State and local thorizes the use of federal funds to es- result of a much broader Act, which we governments perform assessments and tablish effective pilot programs to pro- commonly refer to as Superfund. cleanup at brownfields sites. Further, mote victim-rights compliance. It in- Superfund was intended to bring about $50 million per year is also authorized creases resources for the development the clean up of some of the most con- to establish and enhance brownfields of state-of-the-art systems for noti- taminated sites in our nation. As programs, more than double the cur- fying victims of important dates and Superfund has been implemented in our rent level of funds available through developments in their cases. It provides society we have found that it is often the current EPA program. funds for the development of commu- too cumbersome to bring about clean Pumping federal tax dollars back nity-based justice programs relating to up and restoration of many brownfield into localities and fostering partner- those rights. Finally, it creates and sites. When we talk about brownfields ships with States and their local com- funds additional personnel in federal we are not talking about the most con- munities can help rid our communities law enforcement agencies to assist vic- taminated sites in our communities, of the negatives such as crime and con- tims in obtaining their rights. These but about sites that are less contami- tamination while rejuvenating down- nated and could realistically be initiatives will provide victims with town economies. the counseling, information, and as- bought, cleaned up, and developed thus Economics and Environmental health sistance they need in order to partici- bringing economic and other benefits are not mutually exclusive. This bill to American citizens. Therefore, I pate in the criminal justice process to would allow these types of areas to be the maximum extent possible. share the thoughts of many of my col- cleaned up, thus providing both eco- There is no need to amend the Con- leagues and support removing the bar- nomic and environmental benefits. It is stitution to achieve these important riers to brownfields redevelopment. a win-win for everyone—cities and citi- goals. The Constitution is the founda- When the average person wishes to zens alike. tion of our democracy. It reflects the invest in something such as an aban- I am hopeful that New Mexico, as enduring principles of our country. The doned gas station, they are often dis- well as many other communities across framers deliberately made the Con- couraged from doing so for fear of the the nation, will see great benefits as a stitution difficult to amend, because it strict liabilities that could be imposed result of this legislation. I hope that was never intended to be used for nor- on them by Superfund. Attempting to we are successful at reviving the ghost mal legislative purposes. If it is not relax the daunting liability provisions towns that currently exist in many necessary to amend the Constitution to for those willing to buy brownfields downtown areas and that they will achieve particular goals, it is necessary sites for the purpose of cleaning and once again come alive with prosperity. not to amend it. Our legislation is well- upgrading them is a huge step in the f designed to establish effective and en- right direction. CRIME VICTIMS’ ASSISTANCE ACT forceable rights for victims of crime, I believe that enactment of this and I urge my colleagues to support it. brownfields legislation, will provide a OF 2001 significant foundation for rebuilding Mr. KENNEDY. Mr. President, vic- f many of our communities. Many of tims of crime deserve to have their LOCAL LAW ENFORCEMENT ACT these sites are located in downtown voices heard and to be notified of im- OF 2001 areas and often serve as the breeding portant events in the criminal justice Mr. SMITH or Oregon. Mr. President, grounds for crime, drug trafficking and system relating to their cases, and I rise today to speak about hate crimes contamination. I am hopeful that pass- they deserve enforceable rights under legislation I introduced with Senator ing this legislation will help restore the law. KENNEDY last month. The Local Law downtown communities making them Today, this is why my colleagues and Enforcement Act of 2001 would add new once again attractive to business, in- I are re-introducing the Crime Victims categories to current hate crimes legis- dustry and prospective residents. Assistance Act. It is especially appro- lation sending a signal that violence of Many of us have watched these down- priate that we do so this week, which is any kind is unacceptable in our soci- town areas slowly die. I know that in National Crime Victims’ Rights Week. ety. Albuquerque, NM, the largest city in Our bill defines the rights of victims Today, I would like to detail a hei- the State, we have seen a huge shift and establishes an effective means to nous crime that occurred Nov. 7, 1998 in away from the downtown area. Local implement and enforce these rights. Easton, MA. An Easton teenager threw businesses that once thrived were Equally important, it does so without a large rock at a 17-year-old boy he forced to close and slowly, what was taking the drastic, unnecessary, and thought was gay, kicked him in the once the metropolis of Albuquerque, time-consuming step of amending the head and yelled, swore and called the began to seem like a ghost town. Constitution. victim a ‘‘fag.’’ The victim suffered a I support this legislation because of Our bill provides enhanced protec- broken nose and a concussion. A week the potential it brings to restoring tions to victims of both violent and before the assault, the perpetrator told places like downtown Albuquerque. As non-violent federal crimes. It assures friends he hated gay people and I briefly touched on, some of the most victims a greater voice in the prosecu- thought they should be beaten up.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3981 I believe that government’s first duty would do whatever it took to help Tai- for the role of Congress and the vital is to defend its citizens, to defend them wan defend herself.’’ interest of our key Pacific Allies, spe- against the harms that come out of As my colleagues may know, the Tai- cifically Japan. hate. The Local Law Enforcement En- wan Relations Act obligates the United Perhaps the President is unaware hancement Act of 2001 is now a symbol States to provide Taiwan ‘‘with such that without using U.S. bases in Japan, that can become substance. I believe defense articles and defense services we would be hard-pressed to make good that by passing this legislation, we can . . . as may be necessary to enable Tai- on his commitment to use U.S. forces change hearts and minds as well. wan to maintain a sufficient self-de- to defend Taiwan in the event of a con- f fense capability.’’ flict with China. It also states that any attempt to de- Perhaps he is unaware of how sen- NUANCE MATTERS, GETTING termine the future of Taiwan by other sitive an issue this is for the Japanese TAIWAN POLICY RIGHT than peaceful means would constitute government, which has taken great Mr. BIDEN. Mr. President, as we a ‘‘threat to the peace and security of pains to avoid explicitly extending the were reminded yesterday, words matter the Western Pacific area’’ and would U.S.-Japan Security Alliance to a Tai- in diplomacy. Wednesday morning, the be, ‘‘of grave concern to the United wan contingency. President of the United States ap- States.’’ I was quick to praise the President’s peared on national television in an Finally, it mandates that in the deft handling of the dispute with China interview taped Tuesday night with event of, ‘‘any threat to the security or over the fate of the downed U.S. sur- Charles Gibson of ABC News. In that the social or economic system of the veillance aircraft. interview, the President was asked if people on Taiwan and any danger to But in this case, as in his rocky sum- the United States had an obligation to the interests of the United States aris- mit meeting with South Korean Presi- defend Taiwan if it was attacked by ing therefrom, the President and the dent Kim Daejung, the President has China. Congress shall determine, in accord- damaged U.S. credibility with our al- President Bush replied, ‘‘Yes, we do, ance with constitutional processes, ap- lies and sewn confusion throughout the and the Chinese must understand that. propriate action by the United States Pacific Rim. Words matter. Nuance matters. Yes, I would.’’ in response to any such danger.’’ Other events, the challenge of engag- The interviewer pressed further, ask- Contrary to the President’s state- ing North Korea, the emergence of a re- ing, ‘‘With the full force of the Amer- ment to Charles Gibson, the United formist prime minister in Japan, and ican military?’’ States is not obligated to defend Tai- the threat of political instability in In- President Bush replied, ‘‘Whatever it wan, ‘‘With the full force of the Amer- donesia, will surely test America’s re- took to help Taiwan defend itself.’’ He ican military,’’ and hasn’t been since solve and diplomatic agility in the Pa- did not elaborate at that time. we abrogated the 1954 Mutual Defense cific during the months ahead. A few hours later, the President ap- Treaty signed by President Eisenhower peared to back off this startling new and ratified by the United States Sen- f commitment, stressing in an interview ate. WORLD INTELLECTUAL PROPERTY And contrary to the White House on CNN that the United States would DAY spokesman’s comments, the President continue to abide by the Taiwan Rela- does not have the authority unilater- Mr. HATCH. Mr. President, it is with tions Act and the One China policy fol- ally to commit U.S. forces to the de- great pleasure that I rise today to pay lowed by each of the past five Presi- fense of Taiwan. Under the Constitu- tribute to the first celebration of dential Administrations. tion, as well as the provisions of the ‘‘World Intellectual Property Day.’’ I want to make clear that I believe Taiwan Relations Act, that is a matter Last fall, the World Intellectual the security of Taiwan to be a vital in- which the President must bring to the Property Organization dedicated April terest of the United States. American people and to the Congress of 26th as ‘‘World Intellectual Property Senator HELMS and I are among a the United States. Day’’ with the objective of highlighting handful of current members of the U.S. During the campaign, President Bush the valuable contributions intellectual Senate who were around to vote for the implicity criticized the policy of ‘‘stra- property makes to economic, cultural Taiwan Relations Act when it was in- tegic ambiguity’’ which has governed and social development and to raise troduced 22 years ago. the use of American forces to defend public awareness of just what intellec- And I remain as committed today as Taiwan in the event of a conflict with tual property is all about. I was then to the peaceful resolution of China for more than 20 years since the Intellectual property, which includes the Taiwan question. United States abrogated the 1954 Mu- patents, trademarks and copyright pro- And because of my strong support for tual Defense Treaty with Taiwan and tections, is hardly a household phrase, Taiwan, I was inclined to believe that normalized diplomatic relations with but its significance to all Americans the President had made an honest, and China. should not be underestimated. Intellec- mostly harmless, mistake yesterday, The point of that policy, which I sup- tual property is really about creativity especially when the State Department port, was to retain the right to use and innovation; it is about ideas that issued a clarification stressing that force to defend Taiwan, while reserving start out as just a dream, but then go U.S. policy remained unchanged. State to the United States all the decision- on to become the creations and prod- Department spokesman Phil Reeker making authority about the cir- ucts that enrich our daily lives and im- said, ‘‘Our policy hasn’t changed today, cumstances in which we might, or prove our standard of living. it didn’t change yesterday, and it might not, commit U.S. forces. Included among our Founding Fa- didn’t change last year, it hasn’t Otherwise, the United States might thers’ many accomplishments were the changed in terms of what we have fol- find itself dragged into a conflict be- express intellectual property protec- lowed since 1979 with the passage of the tween China and Taiwan even in the tions of Article 1, Section 8 of our Con- Taiwan Relations Act.’’ event of a unilateral Taiwanese dec- stitution. This section is so seemingly But by the end of the day, senior na- laration of independence, something simple, ‘‘to promote the progress of tional security officials at the White the President said yesterday he would science and the useful arts by securing House were singing a different tune, in- not support. for limited times to authors and inven- sisting that the President meant what This policy of strategic ambiguity tors the exclusive right to their respec- he said in the morning interview. was consistent with our One China pol- tive writings and discoveries’’, but it The President’s National Security icy and also with our desire that the has done more to shape our Nation’s Adviser claimed that, ‘‘the Taiwan Re- Taiwan question be resolved only economic growth than almost any lations act makes very clear that the through peaceful means. other provision in the Constitution. U.S. has an obligation that Taiwan’s Well, today I guess we have a new Indeed, one of the most significant peaceful way of life is not upset by policy, and I am calling it the policy of results of this constitutional provision force.’’ And a White House Aide said, ‘‘ambiguous strategic ambiguity.’’ was the creation of the U.S. patent sys- ‘‘Nothing in the act precludes the What worries me is not just what the tem. Today, more than six million pat- President from saying that the U.S. President said, but the utter disregard ents have been issued, for inventions

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3982 CONGRESSIONAL RECORD — SENATE April 26, 2001 ranging from Farnsworth’s cathode ray high disease rate in these three com- agree with the Department and have tube to the airplane to life-saving phar- munities, they have responded by de- written to Secretary Paige stating our maceuticals. The value of our patent veloping dental clinics to serve low-in- view that the 1998 Perkins amendments system was perhaps best summarized come residents. Although we applaud did not change the eligibility for what by President Abraham Lincoln, himself these communities for responding ac- is now the Section 117 program. Do the a patent holder, when he noted that it cordingly, the old adage holds true Chairman and Ranking Member of the ‘‘adds the fuel of interest to the spark here, an ounce of prevention is worth a HELP Committee agree with our view? of genius.’’ pound of cure. Mr. JEFFORDS. Yes, I agree with the We also are world leaders in copy- Dental sealants have also proven to view of the North Dakota and New righted works. Books, movies, music, be an effective method of preventing Mexico delegations. The 1998 amend- and other examples of American cre- tooth decay. Studies have shown that ments to the Perkins Act made no sub- ativity entertain and enlighten the sealants can reduce tooth decay by stantive changes to the Tribally Con- world, and make a generous contribu- over 70 percent. Despite the proven ef- trolled Postsecondary Vocational Insti- tion to our balance of trade. fectiveness of this method, only three tutions section of the law concerning Our country’s technological prowess percent of low-income children have eligibility. The section that authorizes and our high standard of living stem had sealants applied to their teeth. the grants retained the purpose of pro- from the creativity, determination, The inequities in oral health care are viding assistance solely to institutions and entrepreneurial drive of our citi- especially apparent in Medicaid pa- whose focus is vocational and technical zens and the protection we provide for tients. In 1993, only 1 in 5 children and education. their creations. So, today, as nations adolescents covered by Medicaid re- Mr. DOMENICI. The Crownpoint In- around the world mark ‘‘World Intel- ceived preventive dental service such stitute of Technology and United lectual Property Day,’’ let us take as application of fluoride or sealants. Tribes Technical College depend on pride in the fact that our intellectual Alarmed by these statistics, Senator Perkins funding for their core oper- property system is recognized as the RUSS FEINGOLD and I, along with 26 of ational funds, and the Department most effective in the world. As we look our colleagues, wrote to the Health should not make radical changes in eli- to the future, let us also pledge our- Care Financing Administration asking gibility simply by issuing a new grant selves to ensuring that the United that they explore what Medicaid could announcement. The 1992 regulations for States remains the world’s pre-eminent do to improve access to comprehensive the Tribally Controlled Postsecondary provider and protector of intellectual dental services for underserved chil- Vocational Institutions Program state, property. dren. at 34 CFR 440.5, that tribal colleges are f Oral health is a key determinate of not eligible for these funds. The regula- overall health. It is essential that we tions have not been changed. Would the CHRONIC INFECTIOUS CHILDHOOD continue to pursue these low-cost and Ranking Member of the HELP Com- DISEASES effective measures to ensure that all mittee comment on this? Mr. JEFFORDS. Mr President, I rise children in this country, regardless of Mr. KENNEDY. The senior Senator today to bring attention to the single income and geography, are free of den- from New Mexico is correct. The 1992 most common chronic infectious child- tal disease. regulations have not been changed, nor hood disease, namely dental decay. In f has there been a need to change them fact, it is five times more common because the 1998 Perkins Amendments than asthma and seven times more TRIBALLY CONTROLLED POSTSEC- made no changes concerning which in- common than hay fever. Young chil- ONDARY VOCATIONAL AND stitutions are eligible for the Tribally dren with severe decay, affecting mul- TECHNICAL INSTITUTIONS Controlled Postsecondary Vocational tiple teeth, may need to be treated in a Mr. CONRAD. Mr. President, I would Institutions funding. hospital under general anesthesia. This like to engage the Chair of the HELP Mr. DORGAN. I would like to inquire level of treatment is unnecessarily Committee in a colloquy regarding eli- of the junior Senator from New Mexico costly. An estimated $100 million each gibility for Section 117 of the Carl Per- and a member of the HELP Committee, year is spent for operating room kins Vocational and Applied Tech- what difference, if any, was made in charges associated with treating severe nology Education Act. Section 117 au- the eligibility for the Tribally Con- decay in very young children. thorizes funding for Tribally Con- trolled Postsecondary Vocational Insti- One of the most cost effective ways trolled Postsecondary Vocational and tutions funding in 1998? to reduce the burden of tooth decay, Technical Institutions. The funds have Mr. BINGAMAN. No change was before it starts, is community water been awarded annually to the two ex- made. We included a parenthetical ref- fluoridation. Since 1945, water fluorida- isting tribally controlled postsec- erence to the definition of ‘‘institution tion has been the cornerstone of the ondary vocational institutions that are of higher education,’’ this has no prac- nation’s oral health, by safely, inex- devoted to providing vocational and tical effect as both the 1990 and 1998 pensively and effectively preventing technical education, United Tribes Perkins laws require that a grant re- tooth decay regardless of an individ- Technical College and Crownpoint In- cipient be an institution of higher edu- uals’ socioeconomic status or ability to stitute of Technology. Historically, cation. The Department should con- obtain dental care. Today, close to 144 these two institutions have not re- tinue providing grants for Section 117 million Americans receive this benefit ceived assistance under the Tribally under the current regulations unless through fluoridated water. Unfortu- Controlled College and University As- and until new regulations are issued nately, more than 100 million others do sistance Act, so the Perkins funds are pursuant to the Administrative Proce- not. key to their existence. dures Act. Crownpoint Institute of This is especially disturbing, because On March 28, 2001, the Department of Technology and United Tribes Tech- water fluoridation remains the most Education issued a Request for Pro- nical College were intended to be the equitable and cost-effective method of posals, RFP for funding under Section only beneficiaries of this section. delivering fluoride. The average life- 117 that would open up funding for this Mr. DORGAN. Thank you. I would time cost of fluoridation per person is program to the tribal colleges. The De- like to include for the RECORD a copy less than the approximate cost of one partment is operating under the mis- of the letter from the North Dakota dental filling. taken view that the 1998 Perkins and New Mexico delegations to Sec- In my home State of Vermont, three Amendments changed the previous Per- retary Paige on this matter. I would communities with over 7,000 residents, kins law with regard to eligibility for also like included in the RECORD a let- do not benefit from community water these funds. In fact, it was not the in- ter from Dr. Jim Shanley, President of fluoridation. According to the Vermont tent of Congress to in any way alter the American Indian Higher Education Department of Health, high school stu- eligibility for Section 117 funding when Consortium, objecting to the Depart- dents in one of these communities have it enacted the 1998 Perkins Amend- ment’s RFP that would open up the the worse dental health in the State, ments. The members of the North Da- Section 117 program to the tribal col- by a significant margin. Because of the kota and New Mexico delegations dis- leges. Dr. Shanley notes that such an

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3983 action would likely result in the clos- TOM UDALL, show loophole, which allowed their ing of the doors of the tribally con- U.S. House of Representatives. friend, Robyn Anderson, to buy them trolled postsecondary vocational insti- two rifles and a shotgun without ever tutions. AMERICAN INDIAN submitting to a background check. The letters follow: HIGHER EDUCATION CONSORTIUM, Alexandria, VA, March 27, 2001. Later, Robyn Anderson testified about WASHINGTON, DC, Mr. ROBERT MULLER, her experience to the Colorado Legisla- March 27, 2001. Deputy Assistant Secretary (Acting), Office of ture. She said: Hon. ROD PAIGE, Vocational and Adult Education, Depart- While we were walking around [at the gun Secretary of Education, U.S. Department of ment of Education, Washington, DC. show], Eric and Dylan kept asking sellers if Education, Washington, DC. DEAR MR. MULLER: On behalf of the 32 they were private or licensed. They wanted DEAR SECRETARY PAIGE: We write to ex- Tribal Colleges and Universities, I am writ- to buy their guns from someone who was pri- press serious concerns about the process used ing to request your assistance with a serious vate—and not licensed—because there would by the Department of Education in issuing matter involving our two tribally-controlled be no paperwork or background check. the March 23, 2001, Federal Register grant postsecondary vocational institutions, I was not asked any questions at all. There announcement for Section 117 of the Carl United Tribes Technical College (UTTC) and was no background check . . . I would not Perkins Vocational and Technical Education Crownpoint Institute of Technology (CIT). It have bought a gun for Eric and Dylan if I had Act. Section 117 is specific to tribally con- has come to my attention that your office is trolled postsecondary vocational institu- had to give any personal information or sub- about to publish a solicitation opening up mit any kind of check at all. tions, of which there are two: United Tribes eligibility requirements for Title I, Sec. 117; Technical College (UTTC) and Crowpoint In- I wish a law requiring background checks therefore, significantly changing the intent had been in effect at the time . . . It was too stitute of Technology (CIT). of the program. It is of great concern that no We understand that the March 23 notice easy. I wish it had been more difficult. I consultation has been done with our institu- has been withdrawn for technical reasons but wouldn’t have helped them buy the guns if I tions on this matter. To make this change that the Department intends to reissue the had faced a background check. would seriously jeopardize the funding for notice shortly. The March 23 notice makes UTTC and CIT’s core operations and force Of all the testimony that came out of drastic changes in Section 117 eligibility and their closure. Columbine, Robyn Anderson’s is among uses of funds that are inconsistent with the Because of the immense ramifications of the most memorable. The citizens of existing program regulations in 34 CFR Part this action, we strongly urge you to hold the Colorado and Oregon, States with high 410. The eligible applicant pool would be ex- solicitation to be published March 28, 2002. panded to include tribally-controlled com- rates of gun ownership, reacted by sup- We also request that appropriate consulta- munity colleges for the first time and the porting referenda to close the gun show tion occur with AIHEC, UTTC, and CIT as uses of the funds would be restricted. loopholes in their States. Now, Con- If put into place, these changes could re- soon as possible so that this matter can be gress should do the same and enact leg- sult in closure of the two institutions that resolved constructively and expeditiously. It is important to note the value of these islation to close the gun show loophole have depended on this funding for their core two institutions and their historic role in nationwide. operations. The Perkins funds support the providing vocational education opportunities ongoing operations of UTTC and CIT, just as to American Indian students. UTTC and CIT f funding under the Tribally Controlled Col- were founded because of limited access to op- leges and Universities Act supports the ongo- portunities in vocational education in serv- CAMPAIGN FINANCE ing operations of tribal colleges. We ask that ing their respective tribal communities. you not reissue the notice regarding Section Mr. BIDEN. Mr. President, I rise to However, because these two institutions are 117 but rather engage in a formal rulemaking call my colleagues’ attention to an ar- vocational in nature and did not meet the process. Pending that, the FY 2001 Perkins eligibility requirements of the Tribally Con- ticle by the distinguished First Amend- funds should be issued under the current reg- trolled College Assistance Act for core oper- ment scholar, Ronald Dworkin, ‘‘Free ulations. Speech And The Dimensions Of Democ- We view the March 23 notice as an end-run ational support, Sec. 117 was created by around the regulatory process; it is, in ef- AIHEC’s advocacy efforts on their behalf. racy.’’ The article appears in If Buck- Thank you for your immediate attention fect, a set of new regulations without the ley Fell: A First Amendment Blueprint and consideration. We look forward to your benefit of any formal process or consultation for Regulating Money in Politics, spon- response. I can be reached at 703–980–4456/cell with the affected parties. The 1998 amend- sored by the Brennan Center for Jus- or 505–982–4411 until March 29th. ments to the Perkins Act were signed into tice at New York University’s School Respectively, law on October 31, 1998—almost two-and-a- DR. JAMES SHANLEY, of Law. half years ago—and no regulations have been President. Professor Dworkin’s work illustrates issued. Now the Department asserts that the a point some of us made during the re- 1998 amendments ‘‘substantially revised’’ the f tribally controlled postsecondary institu- cent debate on campaign finance re- GUN SHOW BACKGROUND CHECK form: the shocking state of our current tions program and wants to waive the regu- ACT latory process on the grounds that there is political life is a perversion of the pub- no time to issue regulations if the awards Mr. LEVIN. Mr. President, this week lic discourse envisioned by the Found- under Section 117 are to be made in a timely I joined Senator REED and a number of ing Fathers, a perversion directly root- manner. This is disingenuous and certainly my colleagues in introducing the Gun ed in the mistaken understanding of not in keeping with the federal government’s Show Background Check Act, which the First Amendment underlying the policy of working with tribes on a govern- would close the gun show loophole. If Supreme Court’s decision in Buckley v. ment-to-government basis, including con- sultation with tribes and tribal organiza- enacted, prospective buyers at gun Valeo, 424 U.S. 1 (1976). tions on policy matters that will affect shows would be required to undergo As Professor Dworkin puts it, ‘‘[o]ur them. Brady background checks to ensure politics are a disgrace and money is the Again, we urge you to direct that the that they are not felons, fugitives, do- root of the problem.’’ March 23 grant announcement not be re- mestic abusers, or other persons pro- There is no need to detail the dis- issued but rather use the existing regula- hibited from purchasing firearms. graceful state of our political life tions for Tribally Controlled Postsecondary It is incredible to me that more than brought about by politicians’ need to Vocational Institutions for this grant period. two years after Columbine, lawmakers chase dollars. Members of this body, If the Department feels that new regulations are warranted for the 1998 Perkins Act have not yet acted to reduce the avail- myself included, described the current Amendments, such regulations should be ability of guns to criminals and other state of affairs in all its painful and issued through the Administrative Proce- prohibited persons by closing this loop- embarrassing detail during the re- dures Act in consultation with the affected hole in our federal firearm laws. Just a cently concluded debate on campaign tribal parties. few days ago, America memorialized finance reform. We appreciate your attention to this im- the worst school shooting in our na- Professor Dworkin’s article makes portant matter. tion’s history. On April 20, two years explicit what many of us have argued Sincerely, OLLINGS KENT CONRAD, ago, Eric Harris and Dylan Klebold in supporting Senator H ’ pro- PETE DOMENICI, brought terror to Columbine High posal to amend the Constitution so BYRON L. DORGAN, School. Of the four guns used by the that reasonable limits can be placed on JEFF BINGAMAN, two Columbine shooters, three were ac- campaign expenditures: Senator HOL- U.S. Senate. quired at a gun show. The teenage LINGS’ Amendment is not an affront to EARL POMEROY, shooters took full advantage of the gun the First Amendment, as some have

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3984 CONGRESSIONAL RECORD — SENATE April 26, 2001 portrayed it; it is an affront to Buck- edly violates the First Amendment, has won four Academy Awards, waited a long ley, which was wrongly decided. Sen- Congress may constitutionally place time to embark on this movie. His daughter, ator HOLLINGS’ Amendment is restora- limits on campaign contributions. The Grace Guggenheim, has a theory as to why. tive: it returns First Amendment juris- latter holding, as Professor Dworkin ‘‘This is sort of a survivor’s guilt story,’’ she said. prudence to what it was before the ill- points out, is premised on a principle In September 1944 Mr. Guggenheim, now 77, conceived Buckley decision. deeply rooted in First Amendment ju- was with the American 106th Infantry Divi- In holding that limitations on cam- risprudence: reasonable restrictions on sion, preparing to go to Europe. But when paign expenditures violate the First activity in the political realm, like the other soldiers embarked, he was immo- Amendment, Buckley mistakenly contributing money, may be erected to bilized with a foot infection. He remained in equates money and speech. But, as Jus- protect core First Amendment values, Indiana while his fellow infantrymen were tice Stevens pointed out recently in like equality of political discourse. plunged, within weeks, into the Battle of the Nixon v. Shrink Missouri Government Bulge; two regiments were lost. Thousands That is all that most proponents of of American soldiers were captured, and sev- PAC, 528 U.S. 377 (2000), money is not campaign reform want to do, and that eral hundred who were Jewish or who speech; money is property. is all that the Hollings Amendment ‘‘looked’’ Jewish ended up in Berga. Up to Professor Dworkin’s article shows will do. now their fate has received relatively little that the mistaken factual premise in f attention, partly because the surviving sol- Buckley is rooted in a fundamental diers long tended to repress the trauma. misconception of First Amendment ju- AMERICAN PRISONERS OF THE ‘‘I could have been among the captured or risprudence. Senator HOLLINGS’ effort HOLOCAUST the killed,’’ Mr. Guggenheim mused. ‘‘I never to make clear that reasonable limits wished I had come to Europe. Anyone in the Mr. HOLLINGS. Mr. President, in infantry who wishes for war has something can be imposed constitutionally on September of 1944, the 106th Infantry wrong with them. But I’ve thought a lot: campaign expenditures would restore Division embarked for Europe and soon why in the hell am I here and they not? Per- that jurisprudence by overturning joined heavy fighting at the Battle of haps in the next life they’ll get even. I’m Buckley. the Bulge. But one member of the divi- trying not to believe in a next life.’’ The First Amendment and most of sion, the Academy Award-winning Even this life seems incredible enough the important decisions interpreting it filmmaker Charles Guggenheim, was when gazing at little Berga, a place outside time. It was exploited by the Nazis before presuppose a democracy in which citi- left behind in Indiana due to a minor zens are politically equal, not only as being taken over by the Russians, who mined illness. His connection with this brave uranium in the area. In 1990 it was made part judges of the political process through group and the 350 American soldiers of a united Germany. voting, but also as participants in that taken prisoner after the battle and Unemployment here stands at about 24 per- process through informed political dis- sent to a Nazi camp in Berga, Germany cent, so Mr. Guggenheim had no problem course. Reasonable regulations on cam- led Mr. Guggenheim to undertake a finding volunteers for his film. To conjure an paign expenditures would enhance new documentary, which is the subject atmosphere of desolation was not difficult either: beside the unused red-brick textile speech and contribute to a more ra- of an excellent New York Times article tional political discourse. Professor factory of a vanished Jewish family (named by Roger Cohen. So that more Ameri- Englander), stray cats wander through junk- Dworkin illustrates this point through cans can be educated about the events yards, watched by old men standing huddled a historical and philosophical analysis leading up to the Holocaust and the un- against the cold. Germany’s ghosts, its myr- of First Amendment precedent and the speakable horrors inflicted upon Amer- iad secrets, are almost palpable in a place threat that unrestricted campaign ex- icans as well as Europeans, I ask that like this. penditures pose to the values under- Mr. Cohen’s article be printed in the Among the onlookers near the cemetery is Sabine Knuppel, a municipal worker. She lying the First Amendment. Treating RECORD. money as speech debases genuine says she has photographs of the ‘‘old days’’ The article follows: in Berga: a lighted swastika glowing among democratic dialogue. [From the New York Times, Apr. 17, 2001] trees heavy with snow. None of the old peo- Justice Brandeis made this point in WHERE G.I.’S WERE CONSUMED BY THE HOLO- ple in town like to talk about those days, she another way in his justly famous dis- CAUST’S TERROR; A FILMMAKER HELPS THAW says, when the Nazis set up a satellite camp sent in Whitney v. California, 274 U.S. MEMORIES OF WARTIME GUILT to Buchenwald in the middle of town and 357, 375 (1927): (By Roger Cohen) used the slave laborers imprisoned there to Those who won our independence believed dig tunnels into the rock cliffs bordering the BERGA, Germany. Four plain wooden that the final end of the state was to make Elster River. crosses stand in the cemetery above this men free to develop their faculties, and that All that, she continues, constitutes a ‘‘lost quiet town in eastern Germany. One of them in its government the deliberative forces world.’’ But once there were perhaps 1,000 is inscribed ‘‘Unknown Allied Soldier.’’ He is should prevail over the arbitrary. They val- prisoners working in the tunnels, where the unlikely to be an American, because the ued liberty both as an end and as a means. Nazis planned to install a factory producing G.I.’s who died here were exhumed after They believed liberty to be the secret of hap- synthetic fuel. But until now, nobody in the World War II and taken home. But the mys- piness and courage to be the secret of lib- town knew there were Americans among the tery of this soldier’s identity is only one of erty; . . . [They believed] that the greatest prisoners, Ms. Knuppel says. many hanging over Berga and its former menace to freedom is an inert people; that After the war the Russians blew up many Nazi camp. public discourse is a political duty; and that of the tunnels. In their vestiges bats estab- On a cold, late March day, with snow fall- this should be a fundamental principle of the lished a vast colony now officially des- ing on the graves, a thin, soft-spoken Amer- American government. ignated as a German nature reserve. Along ican stands filming in the cemetery. He has the wooded banks of the Elster, a dozen en- The damage that unrestricted cam- hired some local volunteers, one of whom is trances to the tunnels may still be seen; paign expenditures has done to our portraying a Nazi guard, as two others turn they are barred with steel doors. public discourse is clear. If money is the earth in preparation for the burial of the Layer upon layer of German secrets: more speech, then inevitably one will need simulated corpses whose limp feet dangle out tangible in a place like Berga than in the money, and large amounts of it, to of sacks. The scene has an eerie luminosity west of the country, where postwar pros- speak politically. The result, in Pro- in the silence of the snow. perity wiped away most traces of tragedy. The weather is cinematographically per- fessor Dworkin’s words, is that our last Mr. Guggenheim, whose award-winning docu- fect. It is also unseasonably cold and infer- mentaries include ‘‘J. F. K. Remembered’’ two presidential campaigns were ‘‘as nally damp. The American, Charles and an account of the civil rights movement much a parody of democracy as democ- Guggenheim, shivers as he says: ‘‘This is a called ‘‘A Time for Justice,’’ has been racy itself.’’ slow business, filming something like this. digging into the secrets for two years now. I will not repeat Professor Dworkin’s Sort of like watching grass grow.’’ He has interviewed 40 American survivors of analysis of the legal precedents inter- But for him the fate of the American sol- Berga for a documentary tentatively titled preting the First Amendment and diers imprisoned and worked to death more ‘‘G.I. Holocaust.’’ Buckley’s distortion of them, except to than a half-century ago in Berga has become The film, a co-production of Mr. point to the oddity that Buckley at something of an obsession. Guggenheim’s company and WNET, the pub- Time may be needed for an obsession to lic-television station in New York, centers times recognizes the constitutional ju- take hold, time for the half-thoughts, nag- on what happened to a group of American risprudence it undermines. It does so in ging regrets and suppressed memories to coa- soldiers captured by the Germans after the holding that, in contrast to campaign lesce into a determination to act. Mr. Battle of the Bulge (which began on Dec. 16, expenditures where any limit purport- Guggenheim, a documentary filmmaker who 1944) and later transported to Berga.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3985 This group of about 350 men was selected Mr. Guggenheim said it was still a shock other chance at a productive life. The from among the more than 2,000 American that this happened to Americans, bringing vast majority of tribal college students prisoners initially taken to the Stalag 9B home the realization that if the Nazis had are first-generation college students. prisoner of war camp at Bad Orb, 50 miles won the war, ‘‘they would have gotten us, However, the States provide little, if north of Frankfurt. Among them was Wil- too.’’ liam Shapiro, now a retired doctor living in A descendant of German Jews, he grapples any, funding to the tribal colleges and Florida. A medic attached to the 28th Infan- with ambivalent feelings about the country, universities because the vast majority try Division, he was captured on Dec. 17, unable to forget what a ‘‘civilized nation’’ of tribal colleges are located on federal 1944, the day after the battle began. did to its Jews even as he is surprised by how trust lands. Additionally, non-Indians ‘‘On arrival at the prisoner of war camp, civil postwar German society is. account for about 20 percent of tribal we were interrogated,’’ Dr. Shapiro said in a He also grapples with how to find an appro- college enrollments, although the telephone interview. ‘‘With a name like Sha- priate treatment of a Holocaust movie, trou- piro, it was quite evident I was Jewish. I was States do not provide financial support bled by what he sees as the frequent for these students. then pushed into a particular barracks, trivialization of the Holocaust in film. Too mostly for Jews and other undesirables. Our often, he said, Hitler’s crimes have become a Does the Senator from Iowa agree job was to clean the latrines. We were guard- ‘‘quick fix for involvement’’ and a good fix that the Federal Government needs to ed by the SS with dogs, rather than the for raising money from Jewish families. Like play a significant role in funding these Wehrmacht. I’d never even trained with a sex and violence, the Holocaust ‘‘demands schools? gun. I thought the Geneva Convention would people’s attention, even if they do not feel Mr. HARKIN. Yes, I agree with the protect me as a medic. At that time I knew good about it.’’ Senator from North Dakota. The Fed- nothing of Auschwitz or the planned exter- His answer to the ethical dilemma is the eral Government provides the core op- mination of European Jewry, although of sobriety of his research and treatment: erating funds for the tribal colleges course I knew of Hitler’s hostility to Jews.’’ painstaking interviews, careful reconstruc- In the special barracks he was eventually tion of a little-known chapter in the war, at- and universities. Without this funding, joined by the other 350 Americans who would tention to detail. The scenes filmed in Berga many of them would have to close their go to Berga. Their identities had not been as will supplement a core of archival film, pho- doors. immediately obvious. Many were selected in tography and interviews. ‘‘What is most Mr. CONRAD. And is it the view of a grim process recalled to Mr. Guggenheim moving to me is the way the survivors have the Senator from Iowa that this fund- by several soldiers of his own 106th Division. talked about themselves and about each They described how prisoners were ordered ing has not reached the level author- other, often for the first time,’’ he said. ‘‘In to stand at attention in the parade ground. ized by the Tribally Controlled Col- many instances they had never talked about The commandant then gave the order for all leges and Universities Assistance Act? this before.’’ Jews to step forward. ‘‘Nobody moved,’’ said Mr. HARKIN. The Senator from Dr. Shapiro was among those who sup- Joseph Littell, one of the survivors. ‘‘He said pressed his memories. ‘‘It took 50 years for North Dakota is correct. Although an- it again. Nobody moved. He grabbed a rifle all of us to begin to come to terms with nual appropriations for tribal colleges butt and hit Hans Kasten, our leader, with a have increased in recent years, the per blow you couldn’t believe. Hans got up. He this,’’ he said. In early April 1945, with the hit him again. The commandant said he American and Soviet armies closing in, the Indian student funding is still less than would kill 10 men every hour until the Jews camp at Berga was ordered evacuated, and a two-thirds the level authorized by law were identified.’’ death march began for hundreds of prisoners. and significantly lower than the public The group of 350 was eventually assembled At least another 50 Americans died in the en- support given to mainstream commu- of some Jews who identified themselves suing days before advance units of the Amer- nity students. under pressure; some soldiers, like Mr. Kas- ican 11th Armored Division liberated the prisoners on April 22, 1945, near Cham in Mr. CONRAD. I thank the Senator. I ten, who volunteered; and some who were would also like to note that the need picked by the Germans as resembling Jews. southeastern Germany. Mr. Kasten, an American of German descent, The rate of attrition—more than 70 Amer- for federal funding is especially critical suffered repeated taunts, being told that the ican dead in just over two months after ar- for these schools because most tribal thing worse than a Jew was a German who rival at Berga—was among the highest for colleges and universities were founded turns against his country. After several any group of G.I.’s taken prisoner in Europe. less than 25 years ago and are located weeks the group was loaded into boxcars Dr. Shapiro weighed 98 pounds on his libera- in rural and impoverished areas, and without food or water, arriving at Berga on tion; he cannot recall the last days of the they do not have access to alumni- forced march despite repeated efforts to do Feb. 13, 1945. based funding sources and local finan- The Nazis had a policy, ‘‘annihilation so. ‘‘I had become a zombie,’’ he said. through work,’’ and these Americans learned Time has passed, but Dr. Shapiro’s voice cial support. what this meant. Housed in a barracks be- still cracks a little as he thinks back. Peri- Mr. JOHNSON. Given the cir- side the prison camp, fed only on bread and odic nightmares trouble him. ‘‘I traveled the cumstances described by the Senator thin soup, sleeping two to a bed in three- same road as an American prisoner of war as from North Dakota and my own knowl- level bunks, deprived of water to wash, uri- the Jews of Europe,’’ he continued. ‘‘I was edge of the five tribal colleges in my nating and defecating into a hole in the put in a boxcar, starved, put on a death own State, I ask that every effort be floor, regularly beaten, the soldiers were march. It was a genocidal type of approach.’’ made in Fiscal Year 2002 and beyond to That road might also have been Mr. herded out to work 12 hours a day in the fund the colleges at the level at which dusty tunnels. Guggenheim’s. After the war he asked a re- ‘‘The purpose was to kill you but to get as turning member of the 106th Division about they are authorized in the Tribally much of you before they killed you,’’ Milton a Jewish soldier he had known and was told Controlled College and University As- Stolon of the 106th Division told Mr. the man had died in a German mine. But sistance Act. Would the Senator from Guggenheim. Gangrene, dysentery, pneu- where, how, why? Iowa agree that with respect to the monia, diphtheria did their work. In the The questions lingered in his mind for education funding amendment adopted space of nine weeks about 35 soldiers died. more than a half-century before taking him by the Senate that this will be a pri- The persecution of American prisoners at where an infected foot prevented him from ority? Berga has remained little-known because going in 1944: to a remote town in Germany many of the victims, like Dr. Shapiro, chose where the bat-filled tunnels are now sealed Mr. HARKIN. Yes, I agree with the not to speak of it for a half-century after the and snow falls on a cemetery where an ‘‘Al- Senator from North Dakota that a por- war. With the cold war to fight and West lied Soldier’’ lies. tion of the funding provided by my Germany a postwar ally, the United States f amendment should be used to help government had little interest in opening its close the gap between the level of fund- archives and inflaming conflict between TRIBAL COLLEGES AND ing authorized by the Tribally Con- Americans and Germans. UNIVERSITIES In recent years, however, the research of trolled College and University Assist- an Army officer, Mack O’Quinn, who inves- Mr. CONRAD. Mr. President, I would ance Act and the level of funding the tigated the events at Berga for a master’s de- like to engage the Senior Senator from colleges are currently receiving. I be- gree thesis, and a 1994 book by Mitchell Iowa in a colloquy about funding for lieve the funding in my amendment is Bard, ‘‘Forgotten Victims’’ (Westview Press), the Nation’s 32 tribal colleges and uni- sufficient to meet the needs of the trib- have thrown light on the treatment of the versities. al colleges and universities as well as G.I.’s. Still, many of the soldiers said they These schools, located in 12 States, the other educational needs through- spoke about their experiences for the first time to Mr. Guggenheim; the notion that serve more than 250 federally recog- out the country. American prisoners of war were persecuted nized tribes nationwide. The colleges Mr. CONRAD. I thank the Senator as Jews or Jewish sympathizers has not re- serve students older than the tradi- for his remarks. I am pleased that the ceived broad attention. tional college age who are seeking an- Senator from Iowa, who is a champion

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3986 CONGRESSIONAL RECORD — SENATE April 26, 2001 of education, shares my strongly-held dent. It is so important that young problem facing taxpayers, and is the view that Congress must continue people realize what an awesome power root cause of many of the other prob- work toward current statutory federal Senator Randolph’s crusade brought lems on the Top 20 list.’’ funding goals for the tribal colleges. I them. Young Americans were excited All this complexity comes with sub- look forward to continuing to work to have the right to vote in the early stantial costs to our economy. Treas- with him on this. 1970s, but today many 18- to 21-year- ury Secretary Paul O’Neill said re- f olds do not even bother to register. cently: ‘‘The [tax] code today encom- With the exception of 1996, voter par- passes 9,500 pages of very small print. TRIBUTE TO SENATOR JENNINGS ticipation among citizens between the While every word in the code has some RANDOLPH AND HIS FIGHT FOR ages of 18 and 24 has decreased in each justification, in its entirety it is an THE 26TH AMENDMENT Presidential election. Secretary of abomination. It imposes $150 billion or Mr. ROCKEFELLER. Mr. President, I State Manchin’s project is therefore of more of annual cost on our society rise today to pay tribute to Senator utmost importance. It is essential that with no value creation.’’ Jennings Randolph on the anniversary we let young people know of their The difficulty of filling out the in- of the passage of the 26th Amendment. right, and indeed their responsibility, come tax form is undermining Ameri- In 1971, a young West Virginian named to vote, and help them register to do cans’ confidence in the system. When Debbie Phillips skipped a day of high so. people’s interaction with the Federal school. Skipping school is usually Again, I salute Senator Randolph for Government is dominated by complex frowned upon by parents and teachers, his tireless efforts to allow Debbie and burdensome tax forms, it can im- but Debbie, then 18, was anything but Phillips and countless other young peo- pair the people’s trust in government another student trying to ditch chem- ple to improve our democracy. generally. istry, algebra, and history. In fact, f We need tax reform and simplifica- Debbie was missing school in order to tion. And now is the perfect time to do TAX SIMPLIFICATION make history: that day, she registered something about it. to vote under the newly-ratified 26th Mr. FEINGOLD. Mr. President, I rise In a fine Brookings Institution Pol- Amendment to the Constitution at the to speak on a report issued yesterday icy Brief issued this month, scholars Kanawha County Court House in by the Joint Committee on Taxation Len Burman and Bill Gale write: Charleston, WV. A year later, the 26th and hearings that are being conducted Tax complexity is like the weather: every- Amendment also allowed Debbie to today in the Finance Committee on the one talks about it but nobody does anything seek an appointment as a delegate at a subject of tax simplification. about it. . . . Unlike the weather, though, national convention, making her the Last week, on April 16, millions of policymakers can do something about com- first West Virginian under 21 years of Americans mailed their tax returns, plexity. And if they do not simplify the tax age to file for public office. completing the last step in a process system now, when there are surplus funds to I was the Secretary of State in West that many found arduous, burdensome, pay for simplification, they will have lost a Virginia at the time, so Debbie came to and needlessly confusing. The tax code golden opportunity. my office to register. Her actions, and has become increasingly complex since Burman and Gale are right. Tax sim- those of millions of other young Ameri- its last major reform in 1986. Taxpayers plification needs to be an important cans who have accepted the 26th grow increasingly frustrated filling out part of this year’s tax policy debate. Amendment’s invitation to participate their returns or are forced to pay oth- If Congress is to enact a greatly sim- in the political process, show how crit- ers to prepare their tax returns for plified tax code, it needs to have a ical young people are to our democ- them. The government has thus im- thorough understanding of the problem racy. posed a kind of tax on paying taxes. as well as specific proposals to con- These extraordinary developments In response to this complexity, most sider. Comprehensive studies of the were made possible by a great man and people have apparently thrown up their issue can provide a needed impetus. a friend of mine—Senator Jennings hands and paid others to fill out their The Report of Secretary of the Treas- Randolph, my predecessor as Senator returns. The Internal Revenue Service ury Donald Regan, for example, laid form West Virginia and the ‘‘Father of recently estimated that through the the groundwork in substantial part for the 26th Amendment.’’ Senator Ran- first week of April, about 57 percent of the 1986 reform. dolph drafted the amendment and all individual income-tax filers used I chaired the Taxation Committee of worked tirelessly for its passage, based paid preparers. That rate was up from the State Senate in Wisconsin when we on his belief that America’s youth had 56 percent last year. reformed the tax code in the mid-1980s. a right to be part of our political proc- Paid tax preparers report that they Democrats controlled both houses of ess. The ratification of the amendment did a booming business this year. the Legislature, and we had a Demo- marked a great moment in our coun- Through March 30, H&R Block’s rev- cratic Governor, but we used the Regan try’s history. It has allowed young enue for tax preparation services rose tax reform proposal as the basis for adults to speak for themselves and by more than 10 percent over last year, much of our own tax reform. The result have their voices heard in the greatest to $1.5 billion. Its average fee rose to was a greatly simplified tax system. democratic society in the world. about $109. Following on that model, in last Thirty years ago Saturday, the State Aside from using paid preparers, to year’s budget resolution, I offered an of West Virginia ratified the 26th avoid tax complexity, many Americans amendment calling for the Joint Com- Amendment. This action came in the forgo tax benefits to which they are le- mittee on Taxation to conduct a study midst of the Vietnam War, in which gally entitled. For example, many peo- of means by which we might simplify nearly half of all the soldiers that ple use the standard deduction, even taxes. The Senate Budget Committee America lost were younger than 21. De- though they would save money by adopted the amendment unanimously. spite making the ultimate sacrifice for itemizing their deductions. The Gen- And the budget resolution that Con- their country, those young soldiers had eral Accounting Office recently esti- gress adopted on April 13 of last year been unable to vote for the President mated that on more than half a million included it as section 336. That section that was sending them to war. In addi- returns for 1998, taxpayers did not said, in relevant part: ‘‘It is the sense tion, they were paying taxes and par- itemize, even though mortgage interest of the Senate that . . . the Joint Com- ticipating in society in every other payments alone would have reduced mittee on Taxation shall develop a re- way; yet they were unable to vote. Sen- their taxes or increased their refunds. port and alternative proposals on tax ator Randolph changed that forever. GAO estimated that the resulting over- simplification by the end of the Tomorrow, West Virginia Secretary payments may have totaled $311 mil- year. . . .’’ of State Joe Manchin is holding an lion, or $610 per tax return. The staff of the Joint Committee on event at our State Capitol encouraging Earlier this year, the IRS’s acting Taxation, under the direction of Chief schools to register voters under his national taxpayer advocate issued a re- of Staff Lindy Paull, took this and West Virginia SHARES program—Sav- port to Congress in which he summed other requests along these lines seri- ing History and Reaching Every Stu- up: Complexity ‘‘remains the No. 1 ously. They consulted with academics,

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3987 former chiefs of staff of the Com- Education Incentives: Today’s code selling, sharing or disclosing his infor- mittee, and former Commissioners of contains several different education in- mation, then the customer has little the IRS. Staff reviewed proposals that centive provisions, including tuition opportunity to stop the spread of inac- have been made, and considered par- credits, like Lifetime Learning or the curate information. ticular issue areas. The resulting re- Hope Credit, Education IRAs, State de- Earlier this year, I introduced legis- port, released yesterday, suggests ways ductible tuition programs, limited in- lation that, if passed, would help mini- to accomplish the same policy goals terest deductions, and employer pro- mize the collateral damage that can that underlie the current income tax vided assistance. These provisions con- occur when financial institutions pur- code, but in less duplicative or less tain numerous and differing eligibility chase information from these suspect convoluted ways. requirements. Congress might work to firms. My bill would require a con- I am glad to see that the Joint Com- harmonize these programs. sumer’s express consent before a finan- mittee has released its report. Simi- A simplified tax code makes good cial company can share personally larly, I am gratified that Finance Com- economic policy sense. We would im- identifiable financial information with mittee Chairman CHUCK GRASSLEY is prove the economy’s efficiency if we its affiliates and express written con- holding a hearing today to receive the could minimize the impact of the tax sent before it can transfer personally report and discuss this important sub- code on the economic decisions of busi- identifiable medical information. I ject. nesses and individuals. want to put the consumers in control. Although I do not agree with every The tax code’s complexity frustrates Consumer control ensures that person- suggestion put forth in the report, I am average households. This is a real issue ally identifiable information is only convinced that this report and these with many people of fairly modest used for the purpose it was gathered for hearings are exactly the kind of insti- means. I hold listening sessions in each and protects consumers from the fur- tutional step that we need to take if we of Wisconsin’s 72 counties every year, ther spread of inaccurate information. are to reform the tax code. and I frequently hear of people’s frus- Too often these days, personally Here are a just a few examples of trations with the tax code’s com- identifiable medical and financial in- areas where Congress could well sim- plexity. formation is being shared, bought, or plify the tax code: I am gratified to see that the Joint sold; and, it’s being done without the The AMT: The complicated Alter- Committee on Taxation has addressed consent of the consumer. This practice native Minimum Tax is beginning to the budget resolution’s request seri- must stop. And it is our job to pass leg- affect more and more middle-income ously, and has produced its extensive islation that will stop it. taxpayers. It needs reform. product. I commend the Joint Commit- I call on my colleagues in the Bank- Capital Gains: Ever since the 1997 law tee’s efforts. ing committee to move forward with created differing capital gains rates for We need to advance the process of this legislation as soon as possible, so differing holding periods, the capital simplification further. I look forward that it can be considered by the full gains form has become very com- to working with colleagues in the Fi- Senate. Now is the time to close the fi- plicated. Some have proposed an exclu- nance Committee and the Senate on nancial privacy loophole so that we sion from capital gains income for the ways to reform and simplify the tax prevent a further erosion of our pri- first several hundred dollars of capital code. vacy rights. gains income, so that modest investors f f in mutual funds would not be subjected THE VERY BAD DEBT BOXSCORE to filling out the capital gains sched- INFORMATION BROKERS ule. Mr. NELSON of Florida. Mr. Presi- Mr. HELMS. Mr. President, at the The Earned Income Tax Credit: At dent, the Washington Post reported close of business yesterday, Wednes- the Finance Committee hearing today, this morning that several prominent day, April 25, 2001, the Federal debt Richard Lipton, head of the American banks, insurance companies and law stood at $5,681,916,012,004.34, Five tril- Bar Association tax section, argues for firms regularly purchased consumers’ lion, six hundred eighty-one billion, simplifying the earned-income tax confidential financial information from nine hundred sixteen million, twelve credit, designed to help low-income an information broker that illegally thousand, four dollars and thirty-four working families. In Mr. Lipton’s gathered the data using ‘‘pretext’’ call- cents. words, ‘‘In effect, Congress has given ing. This despicable practice involves a One year ago, April 25, 2000, the Fed- the poor a tax break with one hand and caller who contacts a business or gov- eral debt stood at $5,714,810,000,000, Five then taken it away with the other by ernment entity and uses a person’s so- trillion, seven hundred fourteen billion, making it too complex to understand.’’ cial security number or other personal eight hundred ten million. Five years ago, April 25, 1996, the Child Credits: Robert Cherry and Max identifier to trick an unsuspecting Federal debt stood at $5,092,768,000,000, Sawicky of the Economic Policy Insti- clerk to provide confidential informa- Five trillion, ninety-two billion, seven tute have proposed a universal unified tion about everything from a person’s hundred sixty-eight million. child credit that combines the depend- checking account balance to her in- Ten years ago, April 25, 1991, the Fed- ent care credit, the earned income tax vestment portfolio. eral debt stood at $3,425,956,000,000, credit, the child credit, and the addi- The prohibition against this fraudu- Three trillion, four hundred twenty- tional child credit. Similar work has lent practice was recently strength- five billion, nine hundred fifty-six mil- been advanced by David Ellwood and ened by Congress through the Gramm- lion. Leach-Bliley Act, but reports of abuse Jeff Liebman of Harvard University’s Fifteen years ago, April 25, 1986, the have continued. Information brokers John F. Kennedy School of Govern- Federal debt stood at $2,003,491,000,000, with little regard for people’s privacy ment. Congress could well examine Two trillion, three billion, four hun- are doing the dirty work for organiza- combining various child credits to dred ninety-one million, which reflects make them fairer and easier to use. tions that otherwise portray them- a debt increase of more than $3.5 tril- The Standard Deduction: We could selves as privacy proponents. These so- lion, $3,678,425,012,004.34, Three trillion, expand the standard deduction so that called information brokers allow com- six hundred seventy-eight billion, four fewer taxpayers needed to itemize their panies seeking such information to cut hundred twenty-five million, twelve deductions. corners at the expense of consumers. thousand, four dollars and thirty-four The Personal and Dependent Exemp- And the apparent willingness of some cents during the past 15 years. tions: Alternatively, we could expand in the financial industry to purchase the personal and dependent exemp- such information calls into question f tions. the industry’s commitment to pro- ADDITIONAL STATEMENTS The Nanny Tax: Congress has sim- tecting consumers’ privacy. Further, if plified the law by raising the threshold companies buy information from sus- of wages paid for filing employer taxes pect sources, there are limited prohibi- IN HONOR OF NAVY LIEUTENANT and by incorporating the filing into the tions on redistributing it. SHANE OSBORN form 1040. The threshold could be fur- If a company isn’t required to get a ∑ Mr. JOHNSON. Mr. President, I rise ther raised. customer’s express consent prior to today to honor South Dakota’s native

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3988 CONGRESSIONAL RECORD — SENATE April 26, 2001 son, Lt. Shane Osborn, the Navy pilot congratulations to Cadet Chief Petty Reverend Saunders is a man of integ- whose leadership and piloting skills Officer Thea I. Peck. On April 28, 2001, rity who is committed to the spiritual, saved the lives of the crew detained in she will be awarded the Willis E. Reed mental, social, civil and economic well- China for the first part of April. Cadet of the Year Award, which recog- being of his congregation and residents Even at three years of age, Shane ex- nizes the Naval Sea Cadet who has ex- of the City of Piscataway. hibited a fascination with planes. celled in all areas of Naval Sea Cadet Reverend Saunders has dedicated his Shane’s family lived on a farm near Corps, NSCC, training. She was ini- life to public service. As Council Presi- Rapid City, South Dakota, where the tially selected as Mid-Atlantic Cadet of dent of the City of Piscataway, he in- farmer owned a small, two-seat air- the Year for 2000 out of six states in- sures that everyone has a voice. Rev- craft. The hangar wasn’t far from the cluding Pennsylvania, which then lead erend Saunders is also an outstanding house, and Shane would often climb to her selection as the program-wide advocate for children and their fami- into the plane and pretend to take to Cadet of the Year. This recognition is lies. the skies in flight. This lifelong inter- outstanding as it exemplifies Cadet Reverend Saunders is a true Amer- est led Shane to the Navy where he CPO Peck’s leadership, maturity, dedi- ican, who believes that all people trained as a pilot and was commis- cation, and patriotism. should have access to America’s Prom- sioned an officer in 1996. The NSCC was established in 1958 in ise. He has the enviable gift of being Shane eventually was transferred to part of the Department of the Navy to able to bring people together to work Whidbey Island Naval Station in Wash- develop an appreciation for the United for a common cause. Reverend Saun- ington where he was trained to fly States’ naval history, customs, tradi- ders is an unselfish man whose motiva- naval reconnaissance. As his Navy EP– tions, and its significant role in na- tion is not self-gratification. He pos- 3E plane recently flew a routine mis- tional defense. Its purpose is also to de- sesses a higher calling. sion near the Chinese coast, it is re- velop patriotism, confidence, and pride This week, Reverend Saunders is ported that a Chinese F–8 fighter plane in our nation’s youth and help them to celebrating 12 wonderful years of pas- made two passes near the American develop strong moral character and toral ministry at North Stelton A.M.E. aircraft, flying within three to five feet good citizenship. It also gives partici- Church in Piscataway. Under his un- of the plane. On the third pass, the Chi- pants a real-life look at military op- paralleled guidance, North Stelton nese pilot apparently ran into the portunities. A.M.E. Church has experienced enor- American plane’s propeller, sending Cadet CPO Peck has been a member mous growth and is a warm congrega- Shane and his crew into a steep dive. of the Naval Sea Cadet Corps Program tion filled with joy and love. With two of the four propellers out of for over five years. She has completed I want to also mention his wife, Mrs. commission, a smashed nose cone, and several training courses over her ten- Shirley Saunders and want you to destroyed navigational instruments, ure in the program including time know that they make an exceptional the American plane dropped nearly spent at the Foreign Exchange Pro- team. Her devotion to the community 7,500 feet toward the China Sea. With gram with the United Kingdom and is very well-known, and the State of sheer will and brute force, Shane man- Medical Staff Training at Bethesda New Jersey is a better place because of aged to bring the plane under control Naval Hospital. In all of her training the leadership of Reverend and Mrs. and land safely on the Chinese island of periods, Cadet CPO Peck earned the Kenneth L. Saunders, Sr. Hainan. highest performance marks illus- Lastly, I am a better man today be- During the ensuing days as Shane trating her dedication to the program and his crew were held by Chinese offi- cause of my friendship with Reverend and the United States Navy. and Mrs. Saunders, and it is an honor cials, I spoke with the Chinese Ambas- In addition to excelling in the Naval for me to bring them to your atten- sador and urged his government to re- Sea Cadet Corps, Cadet CPO Peck is an tion.∑ lease the American crew as quickly as impeccable student. With a high school possible. I also passed along to the Am- grade point average of 3.95, and as a f bassador an email message Shane’s fa- student in all advanced classes, she has PIKE COUNTY INDIANA SCHOOL ther, Doug, wrote to his son. As the mastered time management and the CORPORATION parent of a son in the military, I under- ability to balance academics and out- ∑ Mr. LUGAR. Mr. President, I am de- stood the fear and uncertainty one side activities. She has received a num- lighted to rise today with my colleague feels when their child is suddenly ber of achievements for her work in Senator BAYH to congratulate the Pike placed in harm’s way. However, when I various science fairs, and she is also an County School Corporation located in spoke with Doug Osborn, I was re- outstanding athlete, lettering in indoor Petersburg, IN on being named ‘‘One of minded also of the immense pride and track, swimming, lacrosse and soccer. the Best 100 School Districts in the love that a parent feels for their son or Cadet CPO Peck is a superior, well- United States’’ for the year 2000 by the daughter in the military. rounded young adult who has chosen to Wall Street Journal and Offspring mag- I commend Lt. Shane Osborn for his take advantage of all that life has to azine. The Pike Country school admin- heroism in safely landing the disabled offer. As a member of the Senate istrators, teachers, and students should American plane and his leadership as Armed Services Committee, I am mission commander during the 11 days grateful to Cadet CPO Peck for her take great pride in this outstanding ac- the American crew was detained in dedication to the United States Navy complishment. This award is based on China. Shane symbolizes the very best through the Naval Sea Cadet Corps. academic excellence in standardized that we have come to expect from the With so many opportunities ahead testing such as the SAT, ACT, Indi- men and women in our military. I will after high school, I am confident that ana’s ISTEP+ test, the number of Na- continue to be an advocate on military whichever avenue she chooses to pur- tional Merit Scholars produced by the issues in Congress and make sure that sue, she will bring great energy and district, community living costs, and military personnel like Shane receive leadership to it. dollar expenditures per student. the ‘‘quality of life’’ benefits they and I ask my Senate colleagues to join In October 1996, I had the distinct their families deserve. After the nu- with me in congratulating this fine honor of meeting with the student merous sacrifices the men and women young leader as she is recognized as the body at Pike Central Middle High in our military make for our country, 2001 NSCC Cadet of the Year and recipi- School. I was able to address the stu- we in Congress can be expected to do ent of the Willis E. Reed Award.∑ dent body and saw first hand the hard work and dedication of the school’s ad- no less.∑ f ministrators and teachers. After ad- f HONORING REVEREND DR. dressing the student body I had the HONORING CADET CHIEF PETTY KENNETH L. SAUNDERS, SR. pleasure of going for a run with a group OFFICER THEA I. PECK AS ∑ Mr. CORZINE. Mr. President, I want of Pike County students. It’s a high NAVAL SEA CADET CORPS to bring to the attention of my col- honor to be standing on the floor of the CADET OF THE YEAR leagues a great man in the State of Senate today reflecting on that visit ∑ Mr. SANTORUM. Mr. President, I New Jersey, Reverend Dr. Kenneth L. and recognizing Pike County schools would like to extend my most sincere Saunders, Sr. for their outstanding achievements.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3989 National recognition of Pike Coun- across the country will be asked to hearing. During the simulated hearing, ty’s educational accomplishments is place boxes and bags of food next to students testified as constitutional ex- particularly timely as the Senate com- their mailboxes, where postal workers perts before a panel of judges. Fifteen mences debate on President Bush’s will pick them up, sort them, and de- students, led by their teacher Yvonne Education program. The schools of liver them to community food banks, Rhodes, represented Wilson at the com- Pike County have set standards that shelters and pantries. petition. They were: Lakisha Boston, all school districts across this great The success of this program can be Lynette Carr, Christine Chen, Rebecca nation should strive to emulate. Five seen in the staggering volume of dona- Derrick, Ashunti Drummond, Elizabeth years ago, Pike County School Cor- tions: more than 392 million pounds of Fortnum, Albert Hayward, Anthony poration developed and implemented a food have been collected in the pro- Henderson, Benjamin Ingram, Janny district- wide plan to improve scores at gram’s history. However, what im- Liu, Christina Moss, Jason Owens, all grade levels. They aggressively used presses me most is the strong commit- Anna Stewart, Tyler Thomas and standardized tests at all grade levels to ment of our nation’s postal workers Dheepa Varadarajan. I commend these ensure classroom standards were being and citizens to end hunger. The only students for their impressive perform- met and student weaknesses were being way we will put an end to poverty is to ance in the ‘‘We the People . . . The addressed. Their efforts resulted in a follow their example and take action, Citizen and the Constitution’’ program significant increase in the percentage become involved, make a concerted ef- administered by the Center for Civic of students from Pike County meeting fort. I urge all Americans to partici- Education. Their interest in the foun- Indiana’s academic standards. Also, the pate in ‘‘Stamp Out Hunger’’ on May 12 dation of our government is refreshing number of students attending college to put an end to the poverty that is and will prepare them to become ac- after high school graduation nearly plaguing far too many children, men tive, responsible citizens and commu- doubled during the 1998–99 school year, and women in our communities and nity leaders.∑ the year that was used for the national across our nation.∑ f study conducted by Offspring Maga- f GARFIELD MIDDLE SCHOOL 50TH zine. Using Title 1 funds, the Pike County EISLEBEN LUTHERAN CHURCH ANNIVERSARY School Corporation developed an early- ∑ Mr. BOND. Mr. President, I rise to ∑ Mr. DOMENICI. Mr. President, I rise childhood program that targeted pre- make a few comments on the 150th an- today to ask my colleagues to join me school and kindergarten children. niversary of the Eisleben Lutheran in congratulating Garfield Middle Using a corporation-developed assess- Church in Scott City, MO. School in Albuquerque, which is cele- ment process, four-year-old students Since the first congregation of nine- brating its 50th anniversary today, were placed into the county’s three ele- teen members gathered on April 30th April 26. Built to serve Albuquerque’s mentary schools for half-day pre-school 1848, Eisleben Lutheran Church has growing North Valley, the school first classes, with five-year-olds invited to grown to become a part of Missouri his- opened for the 1950–51 school year. participate in extended-day kinder- tory. Eisleben Lutheran Church’s first First built with the intention of serv- garten. This program has played an im- house of worship was a log cabin built ing as an elementary school, Garfield portant role in the dramatic rise of in the area now known as Scott City. actually became the fourth public jun- Pike County ISTEP+ test scores at the The area surrounding the church was ior high school to open in my home- third grade level. mostly wooded hills and large swamps town. Additionally, and of particular note, which were impassible much of the Mr. Walter McNutt was Garfield Mid- Pike County School Corporation was year. In 1867 the second facility known dle School’s first principal. It was able to accomplish these goals while as Rock Church was built. under this distinguished man that I spending approximately $6,500 per stu- Today the congregation worships in a served as a public school teacher short- dent year, one of the lowest spending church that was completed in 1913 ly after graduating from the University rates per student in the country. As using the stones from the original of New Mexico. I taught math and quoted from Offspring magazine, ‘‘the Rock Church. The congregation of the coached baseball at the school in the hallmark of a top-rated school district Eisleben Lutheran Church have main- 1955–56 school year. isn’t necessarily how much money it tained a long history of service to the The Garfield Middle School’s long- has to spend, but how it spends the Scott City community, as well as the held mission has been to foster a sense money it has.’’ international community by sup- of community among its students, par- This great recognition is a tribute to porting missionary efforts all over the ents and school staff as a means of the superlative efforts of the members world. boosting pupil achievement. of the local school board, the school ad- Over the past 150 years Eisleben Lu- With a multi-cultural enrollment ministration, teachers, and support theran Church has witnessed and been ranging over the years from 650–1,200 staff of the PCSC. I congratulate Pike a part of many historical events. Their students, Garfield has earned a number County School Corporation and the devotion to the preservation and con- of award-winning and nationally-recog- Pike County community, and wish tinued growth of the church is com- nized programs. them continued academic success.∑ mendable. I am pleased to join with the I am proud to also point out that f Scott City community and the State of Garfield is actively involved in a pro- Missouri in congratulating the con- gram that is close to my heart, Char- NALC FOOD DRIVE STATEMENT gregation of the Eisleben Lutheran acter Counts. The school is nationally ∑ Mrs. BOXER. Mr. President, this Church.∑ recognized as having one of the finest year marks the ninth anniversary of f Character Counts programs in the ‘‘Stamp Out Hunger,’’ the largest one- United States. At the school they WILSON H.S. STUDENTS EXCEL IN day food drive in the United States. I teach the six pillars of good character: COMPETITION strongly commend and congratulate responsibility, respect, trust- the National Association of Letter Car- ∑ Mr. HOLLINGS. Mr. President, I worthiness, fairness, citizenship, and riers, NALC, for sponsoring this annual would like to recognize a group of stu- caring. event, and marvel at its rapid expan- dents from Wilson High School in Flor- I applaud Garfield Middle School for sion, beginning in only ten cities in ence, SC who recently participated in its accomplishments and as it cele- 1992, it now spans over 10,000 cities and the ‘‘We the People . . . The Citizen brates its 50th Anniversary, we wish towns across our nation. and the Constitution’’ national finals them much continued success in the fu- More than 1,500 NALC branches, in- in Washington, D.C. April 21–23. They ture.∑ cluding the California State Associa- tested their knowledge of American f tion of Letter Carriers in my home constitutional government against 49 State, will participate in this year’s other student groups from across the MESSAGES FROM THE PRESIDENT ‘‘Stamp Out Hunger.’’ On May 12, the country in a familiar format to those Messages from the President of the second Saturday in May, residents of us in the Senate, a congressional United States were communicated to

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3990 CONGRESSIONAL RECORD — SENATE April 26, 2001 the Senate by Ms. Evans, one of his H. Con. Res. 110. Concurrent resolution ex- EC–1624. A communication from the Assist- secretaries. pressing the sense of the Congress in support ant Director for Executive and Political Per- of National Children’s Memorial Flag Day. sonnel, Department of Defense, transmit- f f ting, pursuant to law, the report of a dis- EXECUTIVE MESSAGES REFERRED continuation of service in acting role in the EXECUTIVE AND OTHER position of Assistant Secretary of Defense, As in executive session the Presiding COMMUNICATIONS Strategy and Threat Reduction; to the Com- Officer laid before the Senate messages mittee on Armed Services. The following communications were EC–1625. A communication from the Assist- from the President of the United laid before the Senate, together with States submitting sundry nominations ant Director for Executive and Political Per- accompanying papers, reports, and doc- sonnel, Department of Defense, transmit- which were referred to the appropriate uments, which were referred as indi- ting, pursuant to law, the report of a nomi- committees. cated: nation for the position of Assistant Sec- (The nominations received today are EC–1614. A communication from the Chief retary of Defense, Force Management Pol- printed at the end of the Senate pro- of the Regulations Unit of the Internal Rev- icy; to the Committee on Armed Services. ceedings.) enue Service, Department of the Treasury, EC–1626. A communication from the Assist- ant Director for Executive and Political Per- f transmitting, pursuant to law, the report of a rule entitled ‘‘Guidelines on Leveraged sonnel, Department of Defense, transmit- MESSAGE FROM THE HOUSE Lease Advance Rulings’’ (Rev. Proc. 2001–28) ting, pursuant to law, the report of a va- cancy and the designation of acting officer in received on April 24, 2001; to the Committee At 4:23 p.m., a message from the the position of Assistant Secretary of De- on Finance. House of Representatives, delivered by EC–1615. A communication from the Ad- fense, Command, Control, Communication, Ms. Niland, one of its reading clerks, ministrator of the National Nuclear Security and Intelligence; to the Committee on announced that the House has passed Administration, Department of Energy, Armed Services. EC–1627. A communication from the Assist- transmitting, pursuant to law, a report con- the following bill, in which it requests ant Director for Executive and Political Per- cerning a High-Energy-Density Physics the concurrence of the Senate: sonnel, Department of Defense, transmit- Study; to the Committee on Appropriations. ting, pursuant to law, the report of a va- H.R. 503. An act to amend title 18, United EC–1616. A communication from the Gen- cancy in the position of Assistant Secretary States Code, and the Uniform Code of Mili- eral Counsel of the Federal Emergency Man- of Defense, Legislative Affairs; to the Com- tary Justice to protect unborn children from agement Agency, transmitting, pursuant to assault and murder, and for other purposes. mittee on Armed Services. law, a report of the designation of acting of- EC–1628. A communication from the Assist- The message also announced that the ficer in the position of Administrator, Fed- ant Director for Executive and Political Per- House has agreed to the following con- eral Insurance Administration; to the Com- sonnel, Department of Defense, transmit- current resolution, in which it requests mittee on Banking, Housing, and Urban Af- ting, pursuant to law, the report of a nomi- the concurrence of the Senate: fairs. nation for the position of Assistant Sec- EC–1617. A communication from the Coun- H. Con. Res. 110. Concurrent resolution ex- retary of Defense, Public Affairs; to the sel for Regulations, Office of the Secretary, Committee on Armed Services. pressing the sense of the Congress in support Department of Housing and Urban Develop- of National Children’s Memorial Flag Day. EC–1629. A communication from the Assist- ment, transmitting, pursuant to law, the re- ant General Counsel for Regulatory Law, Of- The message further announced that port of a rule entitled ‘‘Equal Employment fice of Defense Programs, Department of En- pursuant to section 3 of Public Law 94– Opportunity; Updating of EEO Policies and ergy, transmitting, pursuant to law, the re- 304, as amended by section 1 of Public Procedures’’ (RIN2501–AC73) received on port of a rule entitled ‘‘Packaging and Law 99–7, the Speaker appoints the fol- April 23, 2001; to the Committee on Banking, Transfer or Transportation of Materials of Housing, and Urban Affairs. National Security Interest’’ (DOE O 461.1 and lowing Members of the House of Rep- EC–1618. A communication from the Assist- resentatives to the Commission on Se- DOE M 461.1) received on April 18, 2001; to the ant Director for Executive and Political Per- Committee on Armed Services. curity and Cooperation in Europe: Mr. sonnel, Department of Defense, transmit- EC–1630. A communication from the Finan- HOYER of Maryland, Mr. CARDIN of ting, pursuant to law, the report of a va- cial Analysis Technician, Michigan Air Na- Maryland, Ms. SLAUGHTER of New cancy and the designation of acting officer in tional Guard, transmitting, a report relative York, and Mr. HASTINGS of Florida. the position of Director of Defense Research to Economic Impact Analysis of the 110 The message also announced that and Engineering, Department of Defense; to Fighter Wing for Fiscal Year 2000; to the pursuant to 14 U.S.C. 194(a), the Speak- the Committee on Armed Services. Committee on Armed Services. EC–1619. A communication from the Assist- EC–1631. A communication from the Acting er appoints the following Member of ant Director for Executive and Political Per- Special Assistant to the Secretary of Defense the House of Representatives to the sonnel, Department of Defense, transmit- for Gulf War Illnesses, Medical Readiness, Board of Visitors to the United States ting, pursuant to law, the report of a nomi- and Military Deployments, transmitting, a Coast Guard Academy: Mr. TAYLOR of nation in the position of Under Secretary of commemorative edition of ‘‘GulfNEWS’’; to Mississippi. Defense (Comptroller); to the Committee on the Committee on Armed Services. The message further announced that Armed Services. EC–1632. A communication from the Spe- EC–1620. A communication from the Assist- pursuant to section 5(b) of the James cial Assistant to the Bureau Chief, Mass ant Director for Executive and Political Per- Media Bureau, Federal Communications Madison Commemoration Commission sonnel, Department of Defense, transmit- Commission, transmitting, pursuant to law, Act (Public Law 106–550), the Speaker ting, pursuant to law, the report of a va- the report of a rule entitled ‘‘Amendment of appoints of the following members on cancy and the designation of acting officer in Section 73.202(b), Table of Allotments, FM the part of the House of Representa- the position of Assistant Secretary of De- Broadcast Stations (Monticello, Arkansas, tives to the James Madison Commemo- fense, International Security Affairs; to the and Bastrop, Louisiana)’’ (Doc. No. 99–141) ration Advisory Committee: Dr. Committee on Armed Services. received on April 24, 2001; to the Committee Charles R. Kesler of Claremont, Cali- EC–1621. A communication from the Assist- on Commerce, Science, and Transportation. ant Director for Executive and Political Per- EC–1633. A communication from the Spe- fornia and Mr. Randy Wright of Rich- sonnel, Department of Defense, transmit- cial Assistant to the Bureau Chief, Mass mond, VA. ting, pursuant to law, the report of a va- Media Bureau, Federal Communications The message also announced that cancy in the position of Under Secretary of Commission, transmitting, pursuant to law, pursuant to section 12(b)(1) of the Cen- the Army; to the Committee on Armed Serv- the report of a rule entitled ‘‘Amendment of tennial of Flight Commemoration Act ices. Section 73.622(b), Table of Allotments, DTV (36 U.S.C. 143), and upon the rec- EC–1622. A communication from the Assist- Broadcast Stations (Jacksonville, NC)’’ (Doc. ommendation of the Minority Leader, ant Director for Executive and Political Per- No. 01–3) received on April 24, 2001; to the sonnel, Department of Defense, transmit- Committee on Commerce, Science, and the Speaker appoints the following cit- ting, pursuant to law, the report of a con- Transportation. izen of the United States to the First firmed nomination in the position of Deputy EC–1634. A communication from the Spe- Flight Centennial Federal Advisory Secretary of Defense; to the Committee on cial Assistant to the Bureau Chief, Mass Board: Mr. Neil Armstrong of Lebanon, Armed Services. Media Bureau, Federal Communications Ohio. EC–1623. A communication from the Assist- Commission, transmitting, pursuant to law, ant Director for Executive and Political Per- the report of a rule entitled ‘‘Amendment of f sonnel, Department of Defense, transmit- Section 73.202(b), Table of Allotments, FM MEASURE REFERRED ting, pursuant to law, the report of a nomi- Broadcast Stations (Kankakee and Park For- nation in the position of Deputy Secretary of est, Illinois)’’ (Doc. No. 99–330) received on The following concurrent resolution Defense; to the Committee on Armed Serv- April 24, 2001; to the Committee on Com- was read, and referred as indicated: ices. merce, Science, and Transportation.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3991 EC–1635. A communication from the Spe- POM–20. A resolution adopted by the House Whereas, President Bush’s tax relief plan cial Assistant to the Bureau Chief, Mass of the Legislature of the State of Utah rel- will contribute to raising the standard of liv- Media Bureau, Federal Communications ative to Indian Health Services; to the Com- ing for all Americans by reducing tax rates, Commission, transmitting, pursuant to law, mittee on Appropriations. expending the child tax credit, and reducing the report of a rule entitled ‘‘Amendment of HOUSE RESOLUTION NO. 8 the marriage penalty; Section 73.606(b), Table of Allotments, TV Whereas, President Bush’s tax relief plan Whereas, since the mid-1980’s the Navajo Broadcast Stations (New Iberia, LA)’’ (Doc. will increase access to the middle class for Nation and Indian Health Services have No. 01–2) received on April 24, 2001; to the hard working families, treat all middle class planned the construction of the Red Mesa Committee on Commerce, Science, and families more fairly, encourage entrepre- Health Center and staff quarters to improve Transportation. neurship and growth, and promote charitable access to health care for the 10,000 people re- EC–1636. A communication from the Pro- giving and education; and siding in southeast Utah and northeast Ari- gram Analyst of the Federal Aviation Ad- Whereas, under President Bush’s tax relief zona; ministration, Department of Transportation, plan, the largest percentage reductions will transmitting, pursuant to law, the report of Whereas, local land users donated 75 acres of land at Red Mesa, Arizona, for the devel- go to the lowest income earners: a rule entitled ‘‘Establishment of Prohibited Now therefore, be it Resolved, That the opment of the Red Mesa Health Center and Area P–49 Crawford; Texas’’ ((RIN2120–AA66) Legislature of the state of Utah urges the (2001–0063)) received on April 5, 2001; to the staff quarters; Whereas, all of the necessary documents United States Congress to support and work Committee on Commerce, Science, and to pass the tax relief plan introduced by Transportation. including legal surveys and environmental clearance have been completed and the site President Bush. EC–1637. A communication from the Attor- Be it further Resolved. That a copy of this has been legally withdrawn by the Navajo ney/Advisor of the Department of Transpor- resolution be sent to the President of the tation, transmitting, pursuant to law, the re- Nation for the project; Whereas, the United States Congress ap- United States Senate, the Speaker of the port of a nomination for the position of As- United States House of Representatives, and sistant Secretary for Budget and Programs, propriated design funds in fiscal year 2000 for the design of the Red Mesa Health Center; the members of Utah’s congressional delega- Office of the Secretary; to the Committee on tion. Commerce, Science, and Transportation. Whereas, the Indian Health Services has EC–1638. A communication from the Attor- hired an architectural firm and the project is POM–22. A joint resolution adopted by the ney/Advisor of the Department of Transpor- currently in design; Legislature of the State of Utah relative to tation, transmitting, pursuant to law, the re- Whereas, a construction manager also has the repealing, rescinding, and superseding of port of a vacancy in the position of Assistant been hired to oversee the construction of the any and all existing applications to Congress Secretary for Budget and Programs, Office of project once is it designated and construc- for a constitutional convention previously the Secretary; to the Committee on Com- tion funds are appropriated; made; to the Committee on the Judiciary. merce, Science, and Transportation. Whereas, the Red Mesa Health Center, EC–1639. A communication from the Gen- when completed, will provide adult and pedi- HOUSE RESOLUTION NO. 15 eral Counsel of the Federal Emergency Man- atric medical service, diagnosis and labora- Whereas, the Legislature of the state of agement Agency, transmitting, pursuant to tory services, short stay nursing beds, dental Utah, acting with the best of intentions, has, law, the report of the designation of acting physical therapy, and 24-hour emergency at various times, previously made applica- officer for the position of Associate Director, care; tions to the Congress of the United States of Preparedness Training and Exercise Direc- Whereas, most of the services that would America for one or more constitutional con- tor; to the Committee on Environment and be provided by the Red Mesa Health Center ventions for general purposes or for the lim- Public Works. are currently unavailable in the proposed ited purposes of considering amendments to EC–1640. A communication from Deputy service area and the local people have to the Constitution of the United States of Associate Administrator of the Environ- travel to Shiprock, New Mexico, to receive America on various subjects and for various mental Protection Agency, transmitting, these services; purposes; pursuant to law, the report of a rule entitled Whereas, travel distance to Shiprock for Whereas, former Justices of the United ‘‘Approval and Promulgation of Implementa- the user population is an average of 60 miles; States Supreme Court and other leading con- tion Plans; New York; Motor Vehicle Inspec- Whereas, Indian Health Services planned stitutional scholars are in general agreement tion and Maintenance Program’’ (FRL6924–3) the Red Mesa Health Center with 93 units of that a constitutional convention, notwith- received on April 23, 2001; to the Committee staff quarters due to the remoteness if the standing whatever limitations have been on Environment and Public Works. site; specified in the applications of the several EC–1641. A communication from the Dep- Whereas, housing availability is critical in states for a convention, would have within uty Associate Administrator of the Environ- the recruitment and retention of medical the scope of its authority the complete re- mental Protection Agency, transmitting, doctors, nurses, and other health profes- drafting of the Constitution of the United pursuant to law, the report of a rule entitled sionals on the Navajo Nation; and States of America, thereby creating an im- ‘‘Approval and Promulgation of State Plans Whereas, it is vital that the staff quarters minent peril to the well-established rights of For Designated Facilities and Pollutants: to constructed at the same time as the the people and to the constitutional prin- Rhode Island; Plan for Controlling Emissions health center in order for the clinic to open ciples under which we are presently gov- From Existing Hospital/Medical/Infectious with adequate staffing: Now, therefore, be it erned; Waste Incinerators’’ (FRL6941–1) received on Resolved, That the House of Representa- Whereas, the Constitution of the United April 23, 2001; to the Committee on Environ- tives of the state of Utah urges the United States of America has been amended many ment and Public Works. States Congress to appropriate $48 million in times in the history of the nation and may EC–1642. A communication from the Dep- construction funds as part of the Indian yet be amended many more times, and has uty Associate Administrator of the Environ- Health Services budget for fiscal year 2002 been interpreted for 200 years and been found mental Protection Agency, transmitting, for the Red Mesa Health Center and staff to be a sound document which protects the pursuant to law, the report of a rule entitled quarters at Red Mesa, Arizona. Be it further rights and liberties of the people without the ‘‘Approval and Promulgation of State Imple- Resolved, That a copy of this resolution be need for a constitutional convention; mentation Plans; Illinois’’ (FRL6970–6) re- sent to the President of the United States Whereas, there is no need for—rather, ceived on April 23, 2001 ; to the Committee on Senate, the Speaker of the United States there is great danger in—a new constitution, Environment and Public Works. House of Representatives, and the members the adoption of which would only create EC–1643. A communication from the Acting of Utah’s congressional delegation. legal chaos in America and only begin the Director of the Trade and Development POM–21. A joint resolution adopted by the process of another two centuries of litigation Agency, transmitting, the report or a va- Legislature of the State of Utah relative to over its meaning and interpretation; and cancy and the designation of acting officer the Presidential tax relief plan; to the Com- Whereas, such changes or amendments as for the position of Director; to the Com- mittee on Finance. may be needed in the present Constitution mittee on Foreign Relations. HOUSE RESOLUTION NO. 18 EC–1644. A communication from the Acting may be proposed and enacted, pursuant to Director of the Defense Security Cooperation Whereas, federal taxes from all sources are the process provided therein and previously Agency, transmitting, pursuant to law, the currently the highest ever during peacetime; used throughout the history of this nation, annual report on Military Assistance, Mili- Whereas, all taxpayers should be allowed without resort to a constitutional conven- tary Exports, and Military Imports; to the to keep more of their own money; tion: now, therefore, be it Committee on Foreign Relations. Whereas, one of the best ways to encourage Resolved, By the Legislature of the state of economic growth is to cut marginal tax rates Utah that any and all existing applications f across all tax brackets; to the Congress of the United States of PETITIONS AND MEMORIALS Whereas, under current tax law, low-in- America for a constitutional convention or come workers often pay the highest mar- conventions heretofore made by the Legisla- The following petitions and memo- ginal rates and President Bush’s tax cut ture of the state of Utah under Article V of rials were laid before the Senate and would reduce the marginal tax rate by 40–50 the constitution of the United States of were referred or ordered to lie on the percent for low-income families with chil- America for any purpose, whether limited or table as indicated: dren; general, be hereby repealed, rescinded, and

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3992 CONGRESSIONAL RECORD — SENATE April 26, 2001 canceled and rendered null and void to the Whereas, the retirement portion of the So- efit, but is subject to future congresses who same effect as if the applications had never cial Security tax is high, having risen from will set the benefit rates; been made; be it further an initial rate of 1% of the first $3,000 of a Whereas, the current system is unfair to Resolved, That the Legislature of the state worker’s income, up to a maximum of $30 per those who die prematurely because it is pos- of Utah urges the legislatures of each and year, to the present rate of 12.4% of the first sible to pay for a lifetime into the system every state which have applied to Congress $80,400 of employee wages or self-employ- yet draw only minimal benefit or even no for either a general or a limited constitu- ment income up to a maximum of $830.80 per benefit prior to death and leave no residual tional convention to repeal and rescind the month or $9,969.60 per year. value to any heir; applications; and be it further Whereas, the maximum Social Security re- Whereas, the current system is unfair to Resolved, That a copy of this resolution be tirement tax, paid by almost 11 million widows and widowers because they must sent to presiding officers of both houses of workers, has risen 5.51% in 2001 over the year forego either their own benefit or their de- the legislatures of each of the other states of 2000, and is now 57% higher than in 1990; ceased spouse’s benefit (‘‘widow(er)’’ ben- the Union, to the President of the United Whereas, because neither the employee’s efit), and may claim the widow(er) benefit States Senate, to the Speaker of the United direct tax contribution to Social Security only after attaining qualification age them- States House of Representatives, and to the nor the employer’s contribution on the em- selves regardless of the age of the deceased members of Utah’s congressional delegation. ployee’s behalf appears on the employee’s spouse; federal tax return, few employees understand Whereas, the current system is unfair to POM–23. A joint resolution adopted by the the amount of Social Security retirement women who leave employment to raise fami- Legislature from the State of Utah relative tax they actually pay each month; lies because many women in Utah and to a standard national poll closing time; to Whereas, individuals can estimate their throughout the United States work and pay the Committee on Rules and Administration. own Social Security tax cost by estimating retirement taxes into the system for many HOUSE RESOLUTION NO. 6 1% of annual compensation paid each years but never complete the required 10 Whereas, during election night in 2000, tel- month—for example, an annual income of years or 40 quarters, before leaving employ- evision networks made declarations of vic- $30,000 would yield an estimated monthly So- ment, making them ineligible for retirement tory for both candidates for President of the cial Security retirement tax cost of $300 per benefits; Whereas, the system is unfair to some eth- United States before the polls had closed; month. Whereas, in one erroneous declaration, the Whereas, the Social Security retirement nic minorities, including African-Americans, winner of the eventually decisive state of tax consumes nearly every dollar that many whose life expectancies are shorter and will Florida was announced hours before polls in workers of modest income might otherwise typically collect benefits for a shorter time the western region of the nation were closed be able to save and invest; period; Whereas, retirement security is best and before all polls in western Florida had Whereas, because higher income workers achieved by regularly saving and investing closed; are better able to save and invest over and Whereas, when news services declare win- above the amounts paid in Social Security one’s own money over a lifetime of work, and ners before the nation’s polls close, voters in taxes, escaping Social Security dependence, public policy regarding Social Security states where polls are not yet closed may but modest income workers cannot, the sys- should support, facilitate, and encourage conclude that their vote will not affect the tem creates disproportionate dependence on saving rather than discourage or deter it; Whereas, the objective of Social Security outcome and choose not to vote; the system by low and middle-income work- privatization is for individual workers to Whereas, releasing the vote count results ers; have legal ownership in a retirement asset for states whose polls are closed before the Whereas, for many lower income American that can be used and ultimately passed on to closure of polling places in other regions of workers, the Social Security retirement tax heirs; the country can distort the results of an represents virtually all of the monthly re- Whereas, even with modest return assump- election by suggesting that votes not yet tirement savings they assemble; tions, the private, individually owned ac- cast will have no bearing on the outcome; Whereas, with the individual retirement count can be expected to produce a signifi- Whereas, in close races like the most re- benefit currently ranging from a low of just cent election of President of the United cantly enhanced retirement income; a few dollars per month to a high of approxi- Whereas, private individually owned ac- States, declarations of victory before polls mately $1,400 per month, and the average counts accrue value and future benefits to close can affect the outcome of the vote; monthly retirement benefit currently at the workers regardless of future congres- Whereas, a uniform poll closing time would about $845 per month, Social Security retire- prevent the publicizing of early election re- sional actions; ment benefits amount to a below poverty Whereas, private, individually owned ac- turns in one region of the nation from im- level subsistence for many retirees; counts grow on behalf of the worker whether pacting the vote in other regions; Whereas, although Social Security was or not the worker completes 40 quarters of Whereas, if a uniform poll closing time was originally intended to merely supplement contributions; established for the Eastern, Central, Moun- other core retirement income sources, the Whereas, private, individually owned ac- tain, and Pacific time zones, polling places high tax rate prohibits many workers from counts can be passed on by inheritance to in western regions of the country could open ever adequately saving and investing, and as spouses, children, or grandchildren, affording earlier on the morning of election day to a consequence, Social Security has become an opportunity for long-term-generational compensate for their earlier closing time; the core retirement income source for many wealth accumulation: and Americans; Whereas, a national system of private, in- Whereas, uniform poll closing times in Whereas, national demographics have dividual accounts can be perpetuated with- these time zones would significantly reduce shifted significantly since the system was out end and without concern for projected the possibility that an election could be created as a part of President Roosevelt’s dates of insolvency; tainted by premature declarations of vic- New Deal policies; Whereas, private, individual accounts af- tory: now, therefore, be it Whereas, in 1945, 41.9 workers supported ford workers the opportunity to select from Resolved, that the Legislature of the State each retiree, and today just 3.3 workers sup- among multiple investment options, includ- of Utah urge the United States Congress to port each retiree; ing government bonds or prudent, diversified institute uniform poll closing times for Whereas, the ratio is expected to dwindle investment models like those used by large states in the Eastern, Central, Mountain, to 2 workers per retiree within the next 30 pension or endowment funds; and Pacific time zones; be it further years, making the current system Whereas, workers around the world are em- Resolved, that the United States Congress unsustainable; bracing privatized systems as a workable so- review the factors that contributed to the Whereas, tax receipts currently exceed lution to an overburdened government Social problems in the 2000 General Election vote benefit payments, yet, Social Security Security program; for the Presidency of the United States; and Trustees estimate that benefit payments will Whereas, the successful pioneer Chilean be it further exceed tax receipts, producing annual defi- model was commenced 20 years ago with at Resolved, that a copy of this resolution be cits, beginning in approximately 15 years, or least seven other Latin American countries presented to the President of the United the year 2015; following suit; States Senate, the Speaker of the United Whereas, the Social Security Trustees esti- Whereas, Great Britain, Australia, and States House of Representatives, and the mate the cumulative annual deficits for Singapore have also adopted private options, members of Utah’s congressional delegation. years 2015 through 2075 to reach $21.6 trillion; similar reforms are underway in Russia, Whereas, it is unethical to perpetuate a Hungary, Poland, and Kazakhstan, and the POM–24. A joint resolution adopted by the system that accrues benefits for a current People’s Republic of China have embraced a Legislature of the State of Utah relative to generation of retirees at the expense of private option with workers contributing the enhancement and modernization of So- younger workers who will likely never col- one-half of their retirement funds into an in- cial Security; to the Committee on Finance. lect benefits but will inherit the mounting dividual account system since 1996; HOUSE RESOLUTION NO. 2 debt; Whereas, some U.S. workers have enjoyed Whereas, Social Security is a federal pro- Whereas, the current system is unfair to a private account system as certain munici- gram that requires almost unanimous par- future retirees because after a lifetime of palities, including Galveston, Texas were al- ticipation by employed workers in the state paying into the system, a worker retains no lowed to opt out of Social Security in favor of Utah and throughout the United States; legal right nor claim to any amount or ben- of a privatized system prior to 1981; and

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3993 Whereas, since many Americans are unable Whereas, on March 15, 2000, Governor Interior officials to prohibit the use of fed- to save and invest for retirement beyond the Leavitt issued a declaration of agricultural eral funds for any studies concerning the 12.4% payroll tax, a privatized Social Secu- emergency, sought federal disaster relief, breaching or removal of Glen Canyon Dam, rity option may be the only hope for many and issued a letter of the United States De- Flaming Gorge Dam, Lake Powell, or Flam- lower income or economically disadvantaged partment of Agriculture seeking federal ing Gorge Reservoir. Be it further Americans to achieve financial empower- commodity credit corporation funds for the Resolved, That copies of this resolution be ment and retirement security: now, there- relief of affected Utah farmers; sent to the President of the United States fore, be it Whereas, during 1999 and 2000, available Senate, the Speaker of the United States Resolved, That the Legislature of the state state funds and limited federal assistance House of Representatives, the members of of Utah urge the United States Congress to were used to treat affected lands, but little Utah’s congressional delegation, and Depart- enact legislation to allow individual workers progress was made because the bulk of the ment of Interior officials. to choose to remain in the current system or federal assistance came late in the treat- to select a private account option. Be it fur- ment season; POM–28. A joint resolution adopted by the ther Whereas, the cricket and grasshopper in- Legislature of the State of Maine relative to Resolved, That the Legislature urge that festation will be larger in 2001, with contin- Support Pay Equity; to the Committee on the legislation not disrupt the benefits paid ued large economic losses to property owners Health, Education, Labor, and Pensions. to existing Social Security recipients. Be it and agricultural operators; JOINT RESOLUTION further Whereas, available state funds will be in- Whereas, the average American woman Resolved, That the legislation create pri- sufficient to adequately control the situa- who works full time earns approximately 74¢ vate accounts to be owned and controlled by tion; and for each dollar that an average man earns individual employees or workers, allow the Whereas, since the problem originated on working full time, and the average woman individual employee or worker discretion to federal lands, the federal government should working full time in Maine earns approxi- invest among multiple prudent and diversi- fund a substantial portion of the effort to mately 73¢ for each dollar that an average fied investment options, and create min- eliminate the infestation and assist those man working full time in Maine earns; and imum guaranteed income, disability, and whose livelihood has been devastated: Now, Whereas, the significant pay gap between death benefits in the private account. Be it therefore, be it men and women performing jobs of com- further Resolved, That the Legislature of the state parable skill, effort and responsibility, even Resolved, That a copy of this resolution be of Utah, the Governor concurring therein, when wages are adjusted for levels of edu- sent to the Speaker of the United States urges the United States Congress to provide cation, contributes to the disproportionately House of Representative, the President of funds sufficient to relieve Utahans of the high poverty rate among women and chil- the United States Senate, and the members devastating economic impact of the state’s dren in the State and across the Nation; and of Utah’s congressional delegation. cricket and grasshopper infestation. Be it Whereas, Congress has found that the gen- further der-based wage gap depresses living stand- POM–25. A concurrent resolution adopted Resolved, That a copy of this resolution be ards for American women and their families, by the State of Utah relative to remem- sent to the President of the United States harms their health and efficiency, prevents bering those affected by Cold War nuclear Senate, the Speaker of the United States the maximum utilization of available labor testing; to the Committee on the Judiciary. House of Representatives, the United States resources and tends to cause labor disputes, HOUSE RESOLUTION NO. 1 Department of Agriculture, and the members thereby burdening, affecting and obstructing Whereas, January 27, 2001, marks the 50th of Utah’s congressional delegation. commerce and creating unfair methods of anniversary of the beginning of nuclear test- competition; and ing at the Nevada test site on January 27, POM–27. A concurrent resolution adopted Whereas, justice requires that women be 1951; by the Legislature of the State of Utah rel- paid fairly for the value of their work; and Whereas, many Utahns and many other ative to environmental preservation; to the Whereas, the average wage gap between citizens of the United States of America liv- Committee on Energy and Natural Re- men and women has continued for decades ing downwind of those tests suffered as a re- sources. without significant improvement, notwith- sult of being ‘‘active participants’’ in the na- HOUSE RESOLUTION NO. 3 standing federal and state laws that prohibit tion’s nuclear testing program; and Whereas, the existence of Glen Canyon discrimination in compensation for equal Whereas, uranium miners in Utah, Colo- Dam and Flaming Gorge Dam has allowed work on the basis of sex, including the fed- rado, New Mexico, Arizona, and the Navajo the seven Colorado River Basin states to eral Fair Labor Standards Act of 1938, Title Nation whose work fueled the nuclear weap- share and cooperatively plan for the bene- VII of the federal Civil Rights Act of 1964 and ons program also suffered from exposure to ficial use of water for millions of citizens; the Maine Revised Statutes, Title 26, section radiation: Now, therefore, be it Whereas, Lake Powell and Flaming Gorge 628; now, therefore, be it Resolved, That the Legislature of the state Reservoir provide water regulation and flood Resolved, That We, your Memorialists, re- of Utah, the Governor concurring therein, control capability in the Colorado River sys- spectfully urge and request that the Presi- designate January 27, 2001, as a Day of Re- tem for the citizens of the seven states; dent of the United States and the Congress membrance to recognize the legacy of the Whereas, electric generating facilities at of the United States strengthen efforts to en- Cold War and express hope for peace, justice, Glen Canyon Dam and Flaming Gorge Dam sure that women are paid fairly for their healing, reconciliation, and the fervent de- provide electricity to more than a million work; and be it further sire and commitment to assure that such a households; Resolved, That suitable copies of this reso- legacy will never be repeated. Be it further Whereas, millions of visitors annually lution, duly authenticated by the Secretary Resolved, That the Legislature and the enjoy the recreational amenities and world- of State, be transmitted to the Honorable Governor recognize the sacrifices of the renown fisheries at Lake Powell and Flam- George W. Bush, President of the United downwinders, uranium miners, and all other ing Gorge Reservoir; and States, to the President of the United States participants and victims of the Cold War, Whereas, the construction of the Glen Can- Senate, to the Speaker of the United States and their losses due to this tragedy. Be it yon Dam and the Flaming Gorge Dam has House of Representatives and to each Mem- further created a rich riparian habitat below the ber of the Maine Congressional Delegation. Resolved, That a copy of this resolution be dams that did not previously exist: Now, f sent to Downwinders, Inc. and the members therefore, be it of Utah’s congressional delegation. Resolved, That the Legislature of the state REPORTS OF COMMITTEES of Utah, the Governor concurring therein, The following reports of committees POM–26. A concurrent resolution adopted urge the United States Congress and the De- were submitted: by the Legislature of the State of Utah rel- partment of Interior officials to recognize By Mr. MCCAIN, from the Committee on ative to the appropriation of funds; to the and protect the water, power, recreation, and Commerce, Science, and Transportation, Committee on Appropriations. environmental benefits of Lake Powell and with an amendment: HOUSE RESOLUTION NO. 11 Flaming Gorge Reservoir, and the water reg- S. 319: A bill to amend title 49, United Whereas, 1.25 million acres of land in the ulation and flood control benefits to United States Code, to ensure that air carriers meet state of Utah is infested with crickets and States citizens from Glen Canyon Dam and their obligations under the Airline Customer grasshoppers; Flaming Gorge Dam. Be it further Service Agreement, and provide improved Whereas, $22.5 million in crop losses have Resolved, That the Legislature and the passenger service in order to meet public occurred in Box Elder and Tooele counties Governor urge the United States Congress convenience and necessity. (Rept. No. 107–13). alone, with an additional $5 million in dam- and Department of Interior officials to op- ages in 16 other counties resulting from the pose any effort to breach or remove Glen f infestation; Canyon Dam or Flaming Gorge Dam, or EXECUTIVE REPORTS OF Whereas, crickets and grasshoppers have drain Lake Powell or Flaming Gorge Res- COMMITTEE migrated from federal land, where no insecti- ervoir. Be it further cides were sprayed, to surrounding private Resolved, That the Legislature and the The following executive reports of lands; Governor urge Congress and Department of committee were submitted:

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3994 CONGRESSIONAL RECORD — SENATE April 26, 2001

By Mr. HELMS for the Committee on For- on capital losses and individual may deduct LINCOLN, Mr. DEWINE, and Mr. eign Relations. against ordinary income, and to allow indi- KERRY): John Robert Bolton, of Maryland, to be viduals a 3-year capital loss carryback and S. 795. A bill to amend the Internal Rev- Under Secretary of State for Arms Control unlimited carryovers; to the Committee on enue Code of 1986 to permit the consolidation and International Security. Finance. of life insurance companies with other com- Andrew S. Natsios, of Massachusetts, to be By Mr. BROWNBACK (for himself, Mr. panies; to the Committee on Finance. Administrator of the United States Agency MURKOWSKI, and Mr. JOHNSON): By Mrs. BOXER (for herself, Mr. REID, for International Development S. 785. A bill to amend the Food Security Mr. LIEBERMAN, Mrs. CLINTON, Mr. James Andrew Kelly, of Hawaii, to be an Act of 1985 to require the Secretary of Agri- CORZINE, Mr. KENNEDY, and Mr. Assistant Secretary of State (East Asian and culture to establish a carbon sequestration WELLSTONE): Pacific Affairs). program to permit owners and operators of S. 796. A bill to amend the Safe Drinking Richard Nathan Haass, of Maryland, for land to enroll the land in the program to in- Water Act to ensure that drinking water the rank of Ambassador during his tenure of crease the sequestration of carbon, and for consumers are informed about the risks Service as Director, Policy Planning Staff, other purposes; to the Committee on Agri- posed by arsenic in drinking water; to the Department of State. culture, Nutrition, and Forestry. Committee on Environment and Public Paula J. Dobriansky, of Virginia, to be an By Mr. DURBIN (for himself, Mr. FEIN- Works. Under Secretary of State (Global Affairs). GOLD, Mr. KENNEDY, Mr. SCHUMER, f Lincoln P. Bloomfield, Jr., of Virginia, to Mrs. BOXER, Ms. STABENOW, Mr. HAR- be an Assistant Secretary of State (Political- KIN, Mr. KERRY, Mr. LEAHY, Mr. SUBMISSION OF CONCURRENT AND Military Affairs). WYDEN, Mr. REED, Mr. TORRICELLI, SENATE RESOLUTIONS (The above nominations were re- and Mr. CORZINE): ported with the recommendation that S. 786. A bill to designate certain Federal The following concurrent resolutions they be confirmed subject to the nomi- land in the State of Utah as wilderness, and and Senate resolutions were read, and nees’ commitment to respond to re- for other purposes; to the Committee on En- referred (or acted upon), as indicated: ergy and Natural Resources. By Mr. KENNEDY (for himself and Mr. quests to appear and testify before any By Mr. GREGG: KERRY): duly constituted committee of the Sen- S. 787. A bill to prohibit the importation of S. Res. 76. A resolution congratulating the ate.) diamonds from countries that have not be- Eagles of Boston College for winning the 2001 come signatories to an international agree- f men’s ice hockey championship; considered ment establishing a certification system for INTRODUCTION OF BILLS AND and agreed to. exports and imports of rough diamonds or JOINT RESOLUTIONS By Mr. LOTT (for himself and Mr. that have not unilaterally implemented a DASCHLE): The following bills and joint resolu- certification system meeting the standards S. Res. 77. A resolution to authorize the tions were introduced, read the first set forth herein; to the Committee on Fi- production of records by the Permanent Sub- nance. and second times by unanimous con- committee on Investigations of the Com- sent, and referred as indicated: By Mr. SCHUMER: S. 788. A bill to amend the Public Health mittee on Governmental affairs; considered By Mr. HAGEL (for himself, Mr. KEN- Service Act to establish a National Organ and agreed to. NEDY, Mr. SCHUMER, Mrs. CLINTON, and Tissue Donor Registry that works in By Mr. CAMPBELL (for himself, Mr. Mr. DURBIN, Mr. REID, and Mr. conjunction with State organ and tissue DODD, and Mr. VOINOVICH): KERRY): donor registries, to create a public-private S. Con. Res. 34. A concurrent resolution S. 778. A bill to expand the class of bene- partnership to launch an aggressive outreach congratulating the Baltic nations of Estonia, ficiaries who may apply for adjustment of and education campaign about organ and tis- Latvia, and Lithuania on the tenth anniver- status under section 245(i) of the Immigra- sue donation and the Registry, and for other sary of the reestablishment of their full inde- tion and Nationality Act by extending the purposes; to the Committee on Health, Edu- pendence; to the Committee on Foreign Re- deadline for classification petition and labor cation, Labor, and Pensions. lations. certification filings; to the Committee on By Mr. HUTCHINSON (for himself and f the Judiciary. Mr. WARNER): By Mr. INOUYE: S. 789. A bill to amend title 37, United ADDITIONAL COSPONSORS S. 779. A bill to amend the Internal Rev- States Code, to establish an education sav- S. 19 enue Code of 1986 to treat certain hospital ings plan to encourage reenlistments and ex- At the request of Mr. DASCHLE, the support organizations as qualified organiza- tensions of service by members of the Armed tions for purposes of section 514(c)(9); to the Forces in critical specialties, and for other name of the Senator from California Committee on Finance. purposes; to the Committee on Armed Serv- (Mrs. FEINSTEIN) was added as a co- By Mr. INHOFE: ices. sponsor of S. 19, a bill to protect the S. 780. A bill to amend the Internal Rev- By Mr. BROWNBACK (for himself, Mr. civil rights of all Americans, and for enue Code of 1986 to allow individuals who do BOND, and Mr. SMITH of New Hamp- other purposes. not itemize their deductions a deduction for shire): S. 39 a portion of their charitable contributions, S. 790. A bill to amend title 18, United and for other purposes; to the Committee on States Code, to prohibit human cloning; to At the request of Mr. STEVENS, the Finance. the Committee on the Judiciary. name of the Senator from Nebraska By Mr. AKAKA (for himself and Mr. By Mr. THURMOND: (Mr. NELSON of Nebraska) was added as JEFFORDS): S. 791. A bill to amend the Federal rules of a cosponsor of S. 39, a bill to provide a S. 781. A bill to amend section 3702 of title Criminal Procedure; to the Committee on 38, United States Code, to extend the author- national medal for public safety offi- the Judiciary. cers who act with extraordinary valor ity for housing loans for members of the Se- By Mr. LIEBERMAN (for himself, Mr. lected Reserve; to the Committee on Vet- KOHL, Mrs. CLINTON, and Mr. BYRD): above and beyond the call of duty, and erans’ Affairs. S. 792. A bill to prohibit the targeted mar- for other purposes. By Mr. INOUYE: keting to minors of adult-rated media as an S. 99 S. 782. A bill to amend title III of the unfair or deceptive practice, and for other At the request of Mr. KOHL, the name Americans with Disabilities Act of 1990 to re- purposes; to the Committee on Commerce, quire, as a precondition to commencing a Science, and Transportation. of the Senator from Utah (Mr. HATCH) civil action with respect to a place of public By Mr. INHOFE: was added as a cosponsor of S. 99, a bill accommodation or a commercial facility, S. 793. A bill to amend the Internal Rev- to amend the Internal Revenue Code of that an opportunity be provided to correct enue Code of 1986 to allow individuals who do 1986 to provide a credit against tax for alleged violations, and for other purposes; to not itemize their deductions a deduction for employers who provide child care as- the Committee on Health , Education, Labor, a portion of their charitable contributions, sistance for dependents of their em- and Pensions. and for other purposes; to the Committee on ployees, and for other purposes. By Mr. LEAHY (for himself, Mr. KEN- Finance. NEDY, Mr. FEINGOLD, Mrs. MURRAY, By Mr. THOMPSON (for himself, Mrs. S. 133 Mr. JOHNSON, Mr. SCHUMER, and Mr. LINCOLN, Mr. GRASSLEY, and Mr. BAU- At the request of Mr. BAUCUS, the HARKIN): CUS): name of the Senator from North Caro- S. 783. A bill to enhance the rights of vic- S. 794. A bill to amend the Internal Rev- lina (Mr. HELMS) was added as a co- tims in the criminal justice system, and for enue Code of 1986 to facilitate electric coop- sponsor of S. 133, a bill to amend the erative participation in a competitive elec- other purposes; to the Committee on the Ju- Internal Revenue Code of 1986 to make diciary. tric power industry; to the Committee on Fi- By Mr. MURKOWSKI: nance. permanent the exclusion for employer- S. 784. A bill to amend the Internal Rev- By Mr. THOMPSON (for himself, Ms. provided educational assistance pro- enue Code of 1986 to increase the limitation COLLINS, Mr. CONRAD, Mr. FRIST, Mrs. grams, and for other purposes.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3995 S. 170 with Disabilities Education Act to to provide enhanced benefits to em- At the request of Mr. REID, the name fully fund 40 percent of the average per ployees and beneficiaries. of the Senator from Hawaii (Mr. pupil expenditure for programs under S. 767 AKAKA) was added as a cosponsor of S. part B of such Act. At the request of Mr. REED, the name 170, a bill to amend title 10, United S. 515 of the Senator from Delaware (Mr. States Code, to permit retired mem- At the request of Mr. DOMENICI, the BIDEN) was added as a cosponsor of S. bers of the Armed Forces who have a name of the Senator from Indiana (Mr. 767, a bill to extend the Brady back- service-connected disability to receive LUGAR) was added as a cosponsor of S. ground checks to gun shows, and for both military retired pay by reason of 515, a bill to amend the Internal Rev- other purposes. their years of military service and dis- enue Code of 1986 to establish a perma- S.J. RES. 7 ability compensation from the Depart- nent tax incentive for research and de- At the request of Mr. HATCH, the ment of Veterans Affairs for their dis- velopment, and for other purposes. names of the Senator from New Hamp- REGG ability. S. 525 shire (Mr. G ) and the Senator from Arizona (Mr. KYL) were added as a S. 237 At the request of Mr. GRAHAM, the At the request of Mr. HUTCHINSON, name of the Senator from Pennsyl- cosponsors of S.J. Res. 7, a joint resolu- tion proposing an amendment to the the names of the Senator from Ten- vania (Mr. SPECTER) was added as a co- Constitution of the United States au- nessee (Mr. THOMPSON) and the Senator sponsor of S. 525, a bill to expand trade thorizing Congress to prohibit the from Nebraska (Mr. HAGEL) were added benefits to certain Andean countries, physical desecration of the flag of the as cosponsors of S. 237, a bill to amend and for other purposes. United States. the Internal Revenue Code of 1986 to re- S. 540 S. RES. 16 peal the 1993 income tax increase on At the request of Mr. DEWINE, the Social Security benefits. At the request of Mr. THURMOND, the name of the Senator from Minnesota name of the Senator from Nevada (Mr. S. 247 (Mr. DAYTON) was added as a cosponsor ENSIGN) was added as a cosponsor of S. At the request of Mr. HARKIN, the of S. 540, a bill to amend the Internal Res. 16, a resolution designating Au- name of the Senator from Michigan Revenue Code of 1986 to allow as a de- gust 16, 2001, as ‘‘National Airborne (Mr. LEVIN) was added as a cosponsor of duction in determining adjusted gross Day.’’ S. 247, a bill to provide for the protec- income the deduction for expenses in S. RES. 19 tion of children from tobacco. connection with services as a member At the request of Mr. SPECTER, the S. 270 of a reserve component of the Armed name of the Senator from Oregon (Mr. At the request of Mr. BINGAMAN, the Forces of the United States, to allow SMITH, of Oregon) was added as a co- name of the Senator from Michigan employers a credit against income tax sponsor of S. Res. 19, a resolution to ex- (Ms. STABENOW) was added as a cospon- with respect to employees who partici- press the sense of the Senate that the sor of S. 270, a bill to amend title XVIII pate in the military reserve compo- Federal investment in biomedical re- of the Social Security Act to provide a nents, and to allow a comparable credit search should be increased by transitional adjustment for certain for participating reserve component $3,400,000,000 in fiscal year 2002. sole community hospitals in order to self-employed individuals, and for S. RES. 63 limit any decline in payment under the other purposes. At the request of Mr. CAMPBELL, the prospective payment system for hos- S. 543 names of the Senator from South Da- pital outpatient department services. At the request of Mr. DOMENICI, the kota (Mr. DASCHLE) and the Senator S. 367 name of the Senator from Wyoming from New Jersey (Mr. CORZINE) were At the request of Mrs. BOXER, the (Mr. THOMAS) was added as a cosponsor added as a cosponsors of S. Res. 63, a name of the Senator from Maryland of S. 543, a bill to provide for equal cov- resolution commemorating and ac- (Mr. SARBANES) was added as a cospon- erage of mental health benefits with knowledging the dedication and sac- sor of S. 367, a bill to prohibit the ap- respect to health insurance coverage rifice made by the men and women who plication of certain restrictive eligi- unless comparable limitations are im- have lost their lives while serving as bility requirements to foreign non- posed on medical and surgical benefits. law enforcement officers. governmental organizations with re- S. 549 S. RES. 68 spect to the provision of assistance At the request of Mr. CRAPO, the At the request of Mr. JOHNSON, the under part I of the Foreign Assistance name of the Senator from New Hamp- name of the Senator from Nebraska Act of 1961. shire (Mr. SMITH, of New Hampshire) (Mr. NELSON, of Nebraska) was added as S. 403 was added as a cosponsor of S. 549, a a cosponsor of S. Res. 68, a resolution At the request of Mr. COCHRAN, the bill to ensure the availability of spec- designating September 6, 2001 as ‘‘Na- names of the Senator from Maryland trum to amateur radio operators. tional Crazy Horse Day.’’ (Mr. SARBANES), the Senator from Iowa S. 580 S. CON. RES. 28 (Mr. GRASSLEY), the Senator from At the request of Mr. HUTCHINSON, At the request of Ms. SNOWE, the South Dakota (Mr. JOHNSON), and the the names of the Senator from Georgia names of the Senator from Illinois (Mr. DURBIN) and the Senator from Pennsyl- Senator from New Mexico (Mr. DOMEN- (Mr. MILLER) and the Senator from Ha- vania (Mr. SPECTER) were added as a ICI) were added as cosponsors of S. 403, waii (Mr. INOUYE) were added as a co- a bill to improve the National Writing sponsors of S. 580, a bill to expedite the cosponsors of S. Con. Res. 28, a concur- Project. construction of the World War II me- rent resolution calling for a United States effort to end restrictions on the S. 413 morial in the District of Columbia. freedoms and human rights of the At the request of Mr. COCHRAN, the S. 587 enclaved people in the occupied area of names of the Senator from Idaho (Mr. At the request of Mr. CONRAD, the Cyprus. CRAPO), the Senator from Michigan name of the Senator from Arkansas S. CON. RES. 33 (Mr. LEVIN), and the Senator from Wy- (Mrs. LINCOLN) was added as a cospon- At the request of Mr. GREGG, the oming (Mr. THOMAS) were added as a sor of S. 587, a bill to amend the Public name of the Senator from Idaho (Mr. cosponsors of S. 413, a bill to amend Health Service Act and title XVIII of CRAIG) was added as a cosponsor of S. part F of title X of the Elementary and the Social Security Act to sustain ac- Con. Res. 33, a concurrent resolution Secondary Education Act of 1965 to im- cess to vital emergency medical serv- supporting a National Charter Schools prove and refocus civic education, and ices in rural areas. Week. for other purposes. S. 697 f S. 466 At the request of Mr. BAUCUS, the At the request of Mr. HAGEL, the name of the Senator from Michigan STATEMENTS ON INTRODUCED name of the Senator from Wyoming (Mr. LEVIN) was added as a cosponsor of BILLS AND JOINT RESOLUTIONS (Mr. ENZI) was added as a cosponsor of S. 697, a bill to modernize the financing By Mr. HAGEL (for himself, Mr. S. 466, a bill to amend the Individuals of the railroad retirement system and KENNEDY, Mr. SCHUMER, Mrs.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3996 CONGRESSIONAL RECORD — SENATE April 26, 2001 CLINTON, Mr. DURBIN, Mr. REID, Mr. INOUYE. Mr. President, I rise to tutions and pension funds. I ask unani- and Mr. KERRY): introduce legislation that would extend mous consent that the text of the bill S. 778. A bill to expand the class of to qualified hospital support organiza- be printed in the RECORD. beneficiaries who may apply for adjust- tions the debt-financed property rules There being no objection, the bill was ment of status under section 245(i) of that currently apply to tax-exempt ordered to be printed in the RECORD, as the Immigration and Nationality Act education institutions and pension follows: by extending the deadline for classi- funds. This measure is of great impor- S. 779 fication petition and labor certifi- tance to the 18,000 inpatients and the Be it enacted by the Senate and House of Rep- cation filings; to the Committee on the more then 200,000 outpatients who re- resentatives of the United States of America in Judiciary. ceive health care services from the Congress assembled, Mr. KENNEDY. Mr. President, it’s a Queen’s Health System of Hawaii. Cur- SECTION 1. TREATMENT OF CERTAIN HOSPITAL privilege to join Senator HAGEL, Sen- rently, Federal tax laws that were en- SUPPORT ORGANIZATIONS AS ator SCHUMER, and Senator CLINTON in acted in 1969 stand between the wishes QUALIFIED ORGANIZATIONS FOR PURPOSES OF DETERMINING ACQUI- introducing legislation to extend sec- of Queen Emma Kaleleonalani who, in SITION INDEBTEDNESS. tion 245(i), a vital provision of U.S. im- 1885, bequeathed land to the Queen (a) IN GENERAL.—Subparagraph (C) of sec- migration law, which enables persons Emma Foundation to support the tion 514(c)(9) of the Internal Revenue Code of who are eligible for green cards to ad- Queen’s Health System, and the citi- 1986 (relating to real property acquired by a just their status in the U.S., rather zens of Hawaii who depend on the qualifed organization) is amended by strik- than have to return to their country of Queen’s Health System for health care ing ‘‘or’’ at the end of clause (ii), by striking origin to do so. Last year, Congress services. the period at the end of clause (iii) and in- made a major effort to bring greater The foundation is a nonprofit, tax-ex- serting ‘‘; or’’, and by adding at the end the fairness to the nation’s immigration following new clause: empt, public charity. Its purpose is to ‘‘(iv) a qualified hospital support organiza- laws. The Legal Immigration Family support and improve health care serv- tion (as defined in subparagraph (I)).’’. Equity Act was a sensible compromise ices in Hawaii by committing funds (b) QUALIFIED HOSPITAL SUPPORT ORGANI- worked out on a bipartisan basis to generated by foundation-owned prop- ZATIONS.—Paragraph (9) of section 514(c) of deal with many of the injustices that erties to the Queen’s Medical Center, the Internal Revenue Code of 1986 is amended have been so harmful and so unfair to an accredited teaching hospital in Hon- by adding at the end the following new sub- so many immigrant families in recent olulu that maintains an emergency paragraph: years. Included in the legislation was a room open to all, regardless of ability ‘‘(I) QUALIFIED HOSPITAL SUPPORT ORGANI- partial restoration of 245(i). ZATIONS.—For purposes of subparagraph to pay, and that admits Medicare and (C)(iv), the term ‘qualified hospital support Under last year’s legislation, how- Medicaid patients. The foundation and ever, immigrants are required to file organization’ means, with respect to any eli- the medical center are members of the gible indebtedness (including any qualified their petition by April 30th to qualify Queen’s Health Systems, which also op- refinancing of such eligible indebtedness), a for 245(i). This fast-approaching dead- erates Molokai General Hospital, a support organization (as defined in section line is causing fear and confusion small community hospital on the is- 509(a)(3)) which supports a hospital described around the country. Eligible immi- land of Molokai. Additionally, Queen’s in section 119(d)(4)(B) and with respect to grants are struggling to file their peti- operates clinics on various islands, pro- which— ‘‘(i) more than half of its assets (by value) tions by April 30th, but little time re- vides home health care services, sup- mains. Across the country, we hear at any time since its organization— ports nursing programs at Hawaiian ‘‘(I) were acquired, directly or indirectly, that many qualified persons will not be colleges and universities, operates a able to file their petitions by this dead- by gift or devise, and medical library, holds health fairs, and ‘‘(II) consisted of real property, and line, because not enough attorneys and provides other educational services for ‘‘(ii) the fair market value of the organiza- legal service organizations are avail- the benefit of the Hawaiian commu- tion’s real estate acquired, directly or indi- able to handle their cases. nity. rectly, by gift or devise, exceeded 10 percent The legislation we are introducing Presently, the funds that enable the of the fair market value of all investment as- will extend the deadline to April 30, foundation to support these services sets held by the organization immediately 2002, and provide needed and well-de- prior to the time that the eligible indebted- are generated by Foundation-owned served relief to members of our immi- ness was incurred. properties that were bequeathed more grant communities. Spouses, children, For purposes of this subparagraph, the term than 100 years ago by Queen Emma. parents and siblings of permanent resi- ‘eligible indebtedness’ means indebtedness Most of the foundation’s land is now dents and U.S. citizens will be able to secured by real property acquired by the or- encumbered by long-term, fixed-rent adjust their status in the U.S., and ganization, directly or indirectly, by gift or commercial and industrial ground avoid needless separation from their devise, the proceeds of which are used exclu- leases. The returns from these ground sively to acquire any leasehold interest in loved ones. Similarly, businesses will leases are extremely low, and under such real property or for improvements on, be able to retain valued employees. In or repairs to, such real property. A deter- addition, the INS will receive millions their terms, the foundation is unable to increase rents to keep pace with the mination under clauses (i) and (ii) of this of dollars in additional revenues, at no subparagraph shall be made each time such appreciation of land values in Hawaii. cost to taxpayers. an eligible indebtedness (or the qualified re- Extending the section 245(i) deadline The foundation would like to increase financing of such an eligible indebtedness) is is pro-family and pro-business, and it is its cash flow by buying out the current incurred. For purposes of this subparagraph, also good economic policy and good im- leases and re-leasing the land at exist- a refinancing of such an eligible indebted- migration policy. It is consistent with ing market rates. The foundation ness shall be considered qualified if such refi- would also like to upgrade the im- nancing does not exceed the amount of the the goal of legislation to reunite immi- refinanced eligible indebtedness immediately grant families. provements on its lands to further en- hance their revenue-generating poten- before the refinancing.’’. Representatives PETER KING and (c) EFFECTIVE DATE.—The amendments CHARLES RANGEL have introduced simi- tial. However, current debt-financed made by this section shall apply to indebted- lar legislation in the House. Congress property rules under the unrelated ness incurred on or after the date of the en- needs to act quickly to pass this impor- business income tax would subject the actment of this Act. tant legislation. I hope that our Repub- revenues earned by the foundation lic and Democratic colleagues will join from its improved properties to income By Mr. INHOFE: us in supporting this needed extension. tax, significantly reducing the funds S. 780. A bill to amend the Internal available to the foundation to meet its Revenue Code of 1986 to allow individ- By Mr. INOUYE: obligation to provide quality health uals who do not itemize their deduc- S. 779. A bill to amend the Internal care services to the citizens of Hawaii. tions a deduction for a portion of their Revenue Code of 1986 to treat certain Colleges, universities, and pension charitable contributions, and for other hospital support organizations as funds are currently exempt from the purposes; to the Committee on Fi- qualified organizations for purposes of debt-financed property rules. The foun- nance. section 514(c)(9); to the Committee on dation seeks the same treatment that Mr. INHOFE. Mr. President, I rise Finance. presently applies to educational insti- today to introduce legislation that

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3997 would create a new era in charitable These are just a few examples of how tribution base is relatively small, com- giving across America. My bill, the the current law levies significant taxes pared to the value of the gift that Neighbor to Neighbor Act, includes and presents serious disincentives to could be made. provisions that would allow tax-free charitable gifts of these assets. Under For example, just since last June, at distribution of IRA accounts for chari- current, law, any IRA withdrawal is Embry-Riddle Aeronautical University, table purposes, and give nonitemizers fully taxable as ordinary income in the four individuals have indicated an in- the same deduction that itemizers year in which it occurs. A donor who terest in giving amounts ranging from enjoy. It would also allow the deduc- withdraws IRA assets in order to make one to three million dollars. These in- tion for charitable gifts of long-term a charitable gift is subject to tax on dividuals have not yet given because of capital gain property to be subject to the entire amount withdrawn. Under the tax disincentives of the 30 percent an annual limit of 50 percent of ad- very best of circumstances, this rule; they can only deduct charitable justed gross income instead of the cur- amount might be offset by a charitable contributions up to 30 percent of their rent 30 percent limitation. It would in- deduction, but even then there are sig- adjusted gross income. crease the carryover period for chari- nificant limitations. By increasing the income tax chari- table deductions from five years to ten My bill, which allows the tax-free table deduction reduction percentage years; and it would exclude a chari- distribution of individual IRA accounts for contributions of long-term capital table deduction from the three percent for charitable purposes, is good public gain property to public charities from reduction rule. My bill would allow a policy. Although IRA assets were origi- 30 percent to 50 percent of the donor’s taxpayer to deduct charitable contribu- nally intended as a supplement to re- contribution base, gifts of highly-ap- tions up until April 15th, and finally, tirement income, withdrawal is now al- preciated assets will be put on par with the Neighbor to Neighbor Act would re- lowed, under certain circumstances, to gifts of cash, and the tax law will again peal the current two percent excise tax assist in financing a home or a college boost private philanthropy in America. on private foundations. education. It is equally appropriate for The Neighbor to Neighbor Act would My bill would greatly simplify one of public policy to allow financially suc- also allow a taxpayer to deduct, for the the most complex provisions in the tax cessful individuals, who have reached a current year, charitable contributions code. The tax code should reward the point where IRA and other tax-deferred made up to the time for filing the tax- generosity of good-hearted Americans, retirement assets are not needed for re- payer’s federal income tax return for it should not penalize those who choose tirement, to use those assets, not for that tax year. Currently, taxpayers to give to those in need. may contribute to their IRAs up until IRA account owners would be per- personal benefit, but to support char- April 15th and still receive a deduction. mitted to make distributions from ities that better the lives of others. The Neighbor to Neighbor Act would Charitable donations should have the their IRAs directly to charities, either also allow donors who make charitable same tax treatment. outright, or in exchange for a chari- contributions, but do not itemize their Finally, this bill would repeal the ex- table gift annuity, a charitable re- federal income tax deductions, to be cise tax imposed on the investment in- minder trust, or pooled income fund in come of private foundations. Private the Neighbor to Neighbor Act. Accord- entitled to a ‘‘direct’’ charitable con- foundations are section 501(c)(3) char- ing to the Employer Benefit Research tribution deduction. Since three out of ities that fund the work of a full range Institute, there are currently more four taxpayers do not itemize, the of charitable activities across the than one trillion dollars in IRA ac- charitable deduction is not available to country. They are often founded by in- counts and five trillion dollars in de- most taxpayers. A report by Price dividuals or families, and their income fined contribution accounts, which can Waterhouse Coopers estimates that the stream comes primarily, if not en- be rolled into IRA accounts. deduction for nonitemizers would I have numerous examples, totaling translate into 11 million more donors, tirely, from earnings on their invest- hundreds of millions of dollars, from and could increase giving by as much ments. people who have wanted to donate as 14.6 billion dollars in one year. Repeal of the excise tax would have their excess IRA assets to charity, but The deduction also does not provide the effect of increasing charitable con- were unable to because of the current an equal treatment for all donors, and tributions by hundreds of millions of tax penalties For example, the ability it encourages fundraising efforts to dollars every year. This is because pri- to rollover an IRA to charity would focus on a small group of potential do- vate foundations are required, annu- mean literally millions of dollars for nors. By expanding the charitable con- ally, to pay out five percent of their as- Boston College. Syracuse University tribution deduction for nonitemizers, sets in charitable distributions, and lost a 1.5 million-dollar gift because the playing field would be level for all since the excise tax counts as a credit the donor could not rollover his IRA donors, and would lessen the role of toward the distribution requirement, into a charitable remainder trust. government and the political process in repeal would require an increase in A 71-year-old male donor with a 1.3 charitable giving. charitable distributions by an equal million IRA wanted to make a life in- People should not face disincentives amount. come gift to a major public university that burden charitable giving. My bill The excise tax was originally enacted in Texas. He wanted to receive annual would allow the deduction for gifts of in 1969 as an ‘‘audit fee,’’ intended to income payments that would help en- long-term capital gain property to pub- offset the cost of IRS oversight of pri- sure the care of his wife, who is in the lic charities to be subject to an annual vate foundations. But today, the tax early stages of Alzheimer’s. Given the limit of 50 percent of adjusted gross in- collects far more than the IRS needs to tax consequences of such a gift under come instead of the current 30 percent conduct audits. In 1999, the excise tax current law, the donor has not been limitation. In addition, the carryover produced 500 million dollars in revenue. able to make the charitable contribu- period for charitable deductions that And this year, the budget of all ex- tion. cannot be fully used in a given tax empt-organization activities at the IRS The husband of a hospital volunteer year, due to the applicable percentage is only 59 million dollars. Moreover, at a medical center in Tennessee would limitation, would be increased from audits of private foundations fell from like to establish a charitable trust to the current five year to 10 years. 1,200 in 1990 to 191 in 1999. This ‘‘audit benefit cancer research in honor of his The current percentage limitations fee’’ is not being used for its intended last wife. He wants to use retirement on the deductibility of charitable con- purpose. plan assets of 1.8 million to establish tributions of long-term capital gain The wayward use of these revenues is this cancer research fund, to provide property to public charities, coupled a good reason to repeal the tax, but not himself with annual payments for re- with the reduction in the tax rates ap- as important as the work we increas- tirement income, and to reduce the tax plicable to realized, long-term capital ingly call on charities to perform. With burden on his heirs, would be greater gains, are having a chilling effect on the focus of the President and the Con- for IRA assets than other appreciated immediate charitable giving, the gress on charitable giving, I believe securities. He has been advised against former reduces the incentive to make passage of the Neighbor to Neighbor such a gift because of tax disincentives relatively large gifts of capital assets Act would be one of the most effective under current law. in the current year if the donor’s con- steps we could take.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3998 CONGRESSIONAL RECORD — SENATE April 26, 2001 If we hope that charities will join anteed loans. In order to continue sue businesses over infractions that are state and federal government efforts to using this program as a recruiting in- inexpensive to remedy, but for which provide services for disadvantaged peo- centive for a few more years, I am in- the businesses must pay costly plain- ple and otherwise address important troducing legislation along with Sen- tiffs’ attorneys’ fees and expenses. societal needs, then Congress should ator JEFFORDS that would extend the I believe this legislation is a reason- enhance the tax incentives that en- authority for the program through able means to ensure that businesses courage voluntary philanthropy. Pri- September 30, 2015. will be given notice of violations of the vate foundations, like public charities, The VA Home Loan Guaranty Pro- ADA and the opportunity to comply are publicly supported to the extent gram is an important component of a with the ADA before costly litigation that they receive tax preferences. The benefits package which makes Guard is begun. This would foster greater provisions of the Neighbor to Neighbor and Reserve service more attractive to compliance with the ADA by allowing Act are reasonable, efficient steps that qualified individuals. This is of par- businesses to expend their resources on will help charities address our common ticular importance during a time when making their properties more acces- challenges; challenges we increasingly the civilian sector is competing for the sible to the disabled, rather than on at- call on individuals and the private sec- same pool of limited applicants, as well torneys’ fees. tor to take. as when our military needs are becom- Please be assured that I simply want In an article for The Journal of Gift ing increasingly technical, demanding to close a loophole in the ADA that un- Planning, President Bush stated, ‘‘I be- only the most intelligent, motivated, scrupulous lawyers have exploited. I do lieve that the government’s highest and competent individuals. An exten- not suggest or approve of any changes calling is often simply to do no harm— sion of the authority will assist the Na- to the ADA that would weaken its sub- to instead be an enabler, a catalyst tional Guard and Reserve with their re- stantive requirements for reasonable that creates a climate that allows cruitment efforts. accommodation to persons with dis- America’s nonprofits to flourish. A I urge my colleagues to support this abilities. We must ensure that the government that serves those who are measure which would recognize the progress begun more than a decade ago serving their brothers and sisters. A vital contributions of National Guard continues as we work to make public government that rallies the armies of and Reserve members to our country, accommodations more accessible to ev- compassion to heal our nation’s ills, as well as ensure that VA-guaranteed eryone. one heart and one act of kindness at a housing loans can continue to be used time.’’ I believe that the Neighbor to as a recruiting incentive. By Mr. LEAHY (for himself, Mr. Neighbor Act does just that, and I urge I ask unanimous consent that the bill KENNEDY, Mr. FEINGOLD, Mrs. my colleagues to join me in support of be printed in the RECORD. MURRAY, Mr. JOHNSON, Mr. this legislation. There being no objection, the bill was SCHUMER, and Mr. HARKIN): ordered to be printed in the RECORD, as S. 783. A bill to enhance the rights of By Mr. AKAKA (for himself and follows: victims in the criminal justice system, Mr. JEFFORDS): S. 781 S. 781. A bill to amend section 3702 of and for other purposes; to the Com- Be it enacted by the Senate and House of Rep- mittee on the Judiciary. title 38, United States Code, to extend resentatives of the United States of America in the authority for housing loans for Congress assembled, Mr. LEAHY. Mr. President, this past Sunday marked the beginning of Na- members of the Selected Reserve; to SECTION 1. EXTENSION OF AUTHORITY FOR the Committee on Veterans’ Affairs. HOUSING LOANS FOR MEMBERS OF tional Crime Victims’ Rights Week. We Mr. AKAKA. Mr. President, I rise THE SELECTED RESERVE. set this week aside each year to focus today to introduce legislation along Section 3702(a)(2)(E) of title 38, United attention on the needs and rights of States Code, is amended by striking ‘‘Sep- with Senator JEFFORDS that would ex- crime victims. I am pleased to take tember 30, 2007’’ and inserting ‘‘September this opportunity to introduce legisla- tend the authority of the Department 30, 2015’’. of Veterans Affairs Home Loan Guar- tion with my good friend from Massa- anty Program for members of the Se- By Mr. INOUYE: chusetts, Senator KENNEDY, and our co- lected Reserve. S. 782. A bill to amend title III of the sponsors, Senators FEINGOLD, MURRAY, I am proud to be the author of the Americans with Disabilities Act of 1990 JOHNSON, SCHUMER and HARKIN. Our original legislation enacted in 1992 to to require, as a precondition to com- bill, the Crime Victims Assistance Act extend eligibility for the VA Home mencing a civil action with respect to of 2001, represents the next step in our Loan Guaranty Program to National a place of public accommodation or a continuing efforts to afford dignity and Guard and Reserve members. Tens of commercial facility, that an oppor- recognition to victims of crime. thousands of dedicated reservists who tunity be provided to correct alleged My involvement with crime victims served for at least six years, and con- violations, and for other purposes; to began more than three decades ago tinue to serve or have received an hon- the Committee on Health, Education, when I served as State’s Attorney in orable discharge, have been able to ful- Labor, and Pensions. Chittenden County, VT, and witnessed fill their dream of home ownership Mr. INOUYE. Mr. President, I rise first-hand the devastation of crime. I through this program. The participa- today to introduce the Americans with have worked ever since to ensure that tion of Guard and Reserve members not Disabilities Act, ADA, Notification the criminal justice system is one that only benefits these service members, Act. This bill would amend the ADA by respects the rights and dignity of vic- but also stabilizes the financial viabil- including a notice requirement for vio- tims of crime, rather than one that ity of the program since this group has lations of the ADA before a court could presents additional ordeals for those had a lower default rate than most assume jurisdiction over the dispute. already victimized. other program participants. Further- This would allow businesses the oppor- I am proud that Congress has been a more, the program serves as an impor- tunity to bring properties into compli- significant part of the solution to pro- tant recruiting incentive for the Na- ance without having to face costly liti- vide victims with greater rights and as- tional Guard and Reserve. gation. sistance. Over the past two decades, In the 106th Congress, Senator JEF- The ADA currently does not contain Congress has passed several bills to FORDS and I introduced legislation a notice requirement, but allows plain- this end. These bills have included: the which resulted in the authorization for tiffs to sue owners of non-compliant Victims Witness Protection Act of 1982; the program being extended through businesses immediately. While the pub- the Victims of Crime Act of 1984; the September 30, 2007. While this was a lic accommodations provisions in Title Victims’ Bill of Rights of 1990; the Vic- step in the right direction, using the III of the ADA do not allow plaintiffs tims’ Rights and Restitution Act of benefit for a recruiting incentive will to collect damages for violations of 1990; the Violence Against Women Act no longer be possible since the author- any of its access standards, they do of 1994; the Mandatory Victims Res- ity expires in six years and reservists permit lawyers to collect attorneys titution Act of 1996; the Victim Rights are required to serve for at least six fees. The lack of a notice requirement Clarification Act of 1997; the Victims years before they qualify for VA-guar- has encouraged a number of lawyers to with Disabilities Awareness Act of 1998;

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S3999 and the Victims of Trafficking and Vio- more money to go out to the States for While we have greatly improved our lence Protection Act of 2000. victim compensation and assistance. crime victims assistance programs and The legislation that we introduce These are all matters that can be made advances in recognizing crime today, the Crime Victims Assistance considered and enacted this year with a victims rights, we still have more to Act of 2001, builds upon this progress. simple majority of both Houses of Con- do. That is why it is my hope that It provides for comprehensive reform of gress. They need not overcome the Democrats and Republicans, supporters the Federal law to establish enhanced delay and higher standards neces- and opponents of a constitutional rights and protections for victims of sitated by proposing to amend the Con- amendment on this issue, will join in Federal crime. Among other things, stitution. They need not wait the ham- advancing this important legislation our bill provides crime victims with mering out of implementing legislation through Congress. We can make a dif- the right to consult with the prosecu- before making a difference in the lives ference in the lives of crime victims tion prior to detention hearings and of crime victims. right now, and I hope Congress will the entry of plea agreements, and gen- The Judiciary Committee has held make it a top priority and pass the erally requires the courts to give great- several hearings over the last five Crime Victims Assistance Act before er consideration to the views and inter- years on a proposed constitutional the end of the year. ests of the victim at all stages of the amendment regarding crime victims. I ask unanimous consent that the criminal justice process. Responding to Unfortunately, the Committee has de- text of the bill and the section-by-sec- concerns raised by victims of the Okla- voted not a minute to consideration of tion analysis be printed in the RECORD. homa City bombing, the bill provides legislative initiatives like the Crime There being no objection, the bill was standing for the prosecutor and the Victims Assistance Act, which Senator ordered to be printed in the RECORD, as victim to assert the right of the victim KENNEDY and I first introduced in the follows: to attend and observe the trial. 105th Congress, to assist crime victims S. 783 Assuring that victims are provided and better protect their rights. Like Be it enacted by the Senate and House of Rep- their statutorily guaranteed rights is a many other deserving initiatives, it resentatives of the United States of America in critical concern for all those involved has taken a back seat to the constitu- Congress assembled, in the administration of justice. Our tional amendment debate that con- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. bill would establish an administrative tinues. (a) SHORT TITLE.—This Act may be cited as authority in the Department of Justice I regret that we have not done more the ‘‘Crime Victims Assistance Act of 2001’’. to receive and investigate victims’ for victims this year, or during the last (b) TABLE OF CONTENTS.—The table of con- claims of unlawful or inappropriate ac- few years. I have on several occasions tents for this Act is as follows: tion on the part of criminal justice and noted my concern that we not dissipate Sec. 1. Short title; table of contents. victims’ service providers. Department the progress we could be making by fo- TITLE I—VICTIM RIGHTS IN THE of Justice employees who fail to com- cusing exclusively on efforts to amend FEDERAL SYSTEM ply with the law pertaining to the the Constitution. Regretfully, I must Sec. 101. Right to consult concerning deten- treatment of crime victims could face note that the pace of victims legisla- tion. disciplinary sanctions, including sus- tion has slowed noticeably and many Sec. 102. Right to a speedy trial. pension or termination of employment. opportunities for progress have been Sec. 103. Right to consult concerning plea. In addition to these improvements to squandered. One notable exception was Sec. 104. Enhanced participatory rights at trial. the Federal system, the bill proposes the Victims of Trafficking and Vio- Sec. 105. Enhanced participatory rights at several programs to help States pro- lence Protection Act of 2000, which in- sentencing. vide better assistance for victims of cluded a Leahy-Feinstein amendment Sec. 106. Right to notice concerning sen- State crimes. These programs would dealing with support for victims of tence adjustment. improve compliance with State vic- international terrorism. Senator FEIN- Sec. 107. Right to notice concerning dis- tim’s rights laws, promote the develop- STEIN cares deeply about the rights of charge from psychiatric facility ment of state-of-the-art notification victims, and I am pleased that we could Sec. 108. Right to notice concerning execu- tive clemency. systems to keep victims informed of work together on some practical, prag- Sec. 109. Procedures to promote compliance. case developments and important dates matic improvements to our federal TITLE II—VICTIM ASSISTANCE on a timely and efficient basis, and en- crime victims’ laws. INITIATIVES courage further experimentation with I look forward to continuing to work with the Administration, victims Sec. 201. Pilot programs to enforce compli- the community-based restorative jus- ance with State crime victim’s tice model in the juvenile court set- groups, prosecutors, judges and other rights laws. ting. interested parties on how we can most Sec. 202. Increased resources to develop Finally, the Crime Victims Assist- effectively enhance the rights of vic- state-of-the-art systems for no- ance Act would make several signifi- tims of crime. Congress and State leg- tifying crime victims of impor- cant amendments to the Victims of islatures have become more sensitive tant dates and developments. Crime Act, VOCA, and improve the to crime victims rights over the past 20 Sec. 203. Restorative justice grants. manner in which the Crime Victims years and we have a golden oppor- Sec. 204. Funding for Federal victim assist- ance personnel. Fund is managed and preserved. Most tunity to make additional, significant significantly, the bill would eliminate progress this year to provide the great- TITLE III—VICTIMS OF CRIME ACT AMENDMENTS the cap on VOCA spending, which has er voice and rights that crime victims prevented more than $700 million in deserve. Sec. 301. Crime victims fund. I would like to acknowledge several Sec. 302. Crime victim compensation. Fund deposits from reaching victims Sec. 303. Crime victim assistance. and supporting essential services. individuals and organizations that Sec. 304. Victims of terrorism. Congress has capped spending from have been extremely helpful with re- TITLE I—VICTIM RIGHTS IN THE FEDERAL the Fund for the last two fiscal years, gards to the legislation that we are in- SYSTEM and President Bush has proposed a troducing today: Dan Eddy, National SEC. 101. RIGHT TO CONSULT CONCERNING DE- third cap for fiscal year 2002. These Association of Crime Victim Com- TENTION. limits on VOCA spending have created pensation Boards; Steve Derene, Wis- (a) RIGHT TO CONSULT CONCERNING DETEN- a growing sense of confusion and consin Department of Justice Office of TION.—Section 503(c) of the Victims’ Rights unease by many of those concerned Crime Victims Services; Susan Howley, and Restitution Act of 1990 (42 U.S.C. about the future of the Fund. National Center for Victims of Crime; 10607(c)) is amended by striking paragraph (2) We should not be imposing artificial and John Stein, National Organization and inserting the following: caps on VOCA spending while substan- for Victim Assistance. I would also like ‘‘(2) A responsible official shall— tial unmet needs continue to exist. The to thank Kathryn M. Turman, the Act- ‘‘(A) arrange for a victim to receive reason- able protection from a suspected offender Crime Victims Assistance Act replaces ing Director for the Office for Victims and persons acting in concert with or at the the cap with a formulaic approach, of Crime, and Heather Cartwright and behest of the suspected offender; and which would ensure stability and pro- Carolyn Hightower of that office, for ‘‘(B) consult with a victim prior to a deten- tection of Fund assets, while allowing their work on this project. tion hearing to obtain information that can

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4000 CONGRESSIONAL RECORD — SENATE April 26, 2001 be presented to the court on the issue of any consulted on the issue of the plea and the stitute grounds for delaying a criminal pro- threat the suspected offender may pose to views of such victim, if any.’’. ceeding.’’. the safety of the victim.’’. (c) EFFECTIVE DATE.— (b) AMENDMENT TO VICTIMS’ RIGHTS AND (b) COURT CONSIDERATION OF THE VIEWS OF (1) IN GENERAL.—The amendments made by RESTITUTION ACT OF 1990.— Section 502(b) of VICTIMS.—Chapter 207 of title 18, United subsection (b) shall become effective as pro- the Victims’ Rights and Restitution Act of States Code, is amended— vided in paragraph (3). 1990 (42 U.S.C. 10606(b)) is amended— (1) in section 3142— (2) ACTION BY JUDICIAL CONFERENCE.— (1) by striking paragraph (4) and inserting (A) in subsection (g)— (A) RECOMMENDATIONS.—Not later than 180 the following: (i) in paragraph (3), by striking ‘‘and’’ at days after the date of enactment of this Act, ‘‘(4) The right to be present at all public the end; the Judicial Conference of the United States court proceedings related to the offense, un- (ii) by redesignating paragraph (4) as para- shall submit to Congress a report containing less the court determines that testimony by graph (5); and recommendations for amending the Federal the victim at trial would be materially af- (iii) by inserting after paragraph (3) the Rules of Criminal Procedure to provide en- fected if the victim heard the testimony of following: hanced opportunities for victims to be heard other witnesses.’’; and ‘‘(4) the views of the victim; and’’; and on the issue of whether or not the court (2) in paragraph (5), by striking ‘‘attorney’’ (B) by adding at the end the following: should accept a plea of guilty or nolo and inserting ‘‘the attorney’’. ‘‘(k) VIEWS OF THE VICTIM.—During a hear- contendere. SEC. 105. ENHANCED PARTICIPATORY RIGHTS AT ing under subsection (f), the judicial officer (B) INAPPLICABILITY OF OTHER LAW.—Chap- SENTENCING. shall inquire of the attorney for the Govern- ter 131 of title 28, United States Code, does (a) VIEWS OF THE VICTIM.—Section 3553(a) ment if the victim has been consulted on the not apply to any recommendation made by of title 18, United States Code, is amended— issue of detention and the views of such vic- the Judicial Conference of the United States (1) in paragraph (6), by striking ‘‘and’’ at tim, if any.’’. under this paragraph. the end; (2) in section 3156(a)— (3) CONGRESSIONAL ACTION.—Except as oth- (2) by redesignating paragraph (7) as para- (A) in paragraph (4), by striking ‘‘and’’ at erwise provided by law, if the Judicial Con- graph (8); and the end; ference of the United States— (3) by inserting after paragraph (6) the fol- (B) in paragraph (5), by striking the period (A) submits a report in accordance with lowing: at the end and inserting ‘‘; and’’; and paragraph (2) containing recommendations ‘‘(7) the impact of the crime upon any vic- (C) by adding at the end the following: described in that paragraph, and those rec- tim of the offense as reflected in any victim ‘‘(6) the term ‘‘victim’’ includes all persons ommendations are the same as the amend- impact statement and the views of any vic- defined as victims in section 503(e)(2) of the ments made by subsection (b), then the tim of the offense concerning punishment, if Victims’ Rights and Restitution Act of 1990 amendments made by subsection (b) shall be- such statement or views are presented to the (42 U.S.C. 10607(e)(2)).’’. come effective 30 days after the date on court; and’’. (b) ENHANCED RIGHT TO BE HEARD CON- SEC. 102. RIGHT TO A SPEEDY TRIAL. which the recommendations are submitted CERNING SENTENCE.—Rule 32 of the Federal Section 3161(h)(8)(B) of title 18, United to Congress under paragraph (2); Rules of Criminal Procedure is amended— States Code, is amended by adding at the end (B) submits a report in accordance with (1) in subdivision (c)(3)(E), by striking ‘‘if the following: paragraph (2) containing recommendations the sentence is to be imposed for a crime of ‘‘(v) The interests of the victim (as defined described in that paragraph, and those rec- violence or sexual abuse,’’; and in section 10607(e)(2) of title 42, United States ommendations are different in any respect (2) by amending subdivision (f) to read as Code) in the prompt and appropriate disposi- from the amendments made by subsection (b), the recommendations made pursuant to follows: tion of the case, free from unreasonable ‘‘(f) DEFINITION. For purposes of this rule, paragraph (2) shall become effective 180 days delay.’’. ‘victim’ means any individual against whom after the date on which the recommenda- SEC. 103. RIGHT TO CONSULT CONCERNING an offense has been committed for which a tions are submitted to Congress under para- PLEA. sentence is to be imposed, but the right of al- graph (2), unless an Act of Congress is passed (a) RIGHT TO CONSULT CONCERNING PLEA.— locution under subdivision (c)(3)(E) may be overturning the recommendations; and Section 503(c) of the Victims’ Rights and exercised instead by— (C) fails to comply with paragraph (2), the Restitution Act of 1990 (42 U.S.C. 10607(c)) is ‘‘(1) a parent or legal guardian if the vic- amendments made by subsection (b) shall be- amended— tim is below the age of eighteen years or in- come effective 360 days after the date of en- (1) by redesignating paragraphs (4) through competent; or actment of this Act. (8) as paragraphs (5) through (9), respec- ‘‘(2) one or more family members or rel- (4) APPLICATION.—Any amendment made tively; and atives designated by the court if the victim pursuant to this section (including any (2) by inserting after paragraph (3) the fol- is deceased or incapacitated; lowing: amendment made pursuant to the rec- if such person or persons are present at the ‘‘(4) A responsible official shall make rea- ommendations of the Judicial Conference of sentencing hearing, regardless of whether sonable efforts to notify a victim of, and con- the United States under paragraph (2)) shall the victim is present.’’. sider the views of a victim about, any pro- apply in any proceeding commenced on or (c) EFFECTIVE DATE.— posed or contemplated plea agreement. In after the effective date of the amendment. (1) IN GENERAL.—The amendments made by determining what is reasonable, the respon- SEC. 104. ENHANCED PARTICIPATORY RIGHTS AT subsection (b) shall become effective as pro- sible official should consider factors relevant TRIAL. vided in paragraph (3). to the wisdom and practicality of giving no- (a) AMENDMENTS TO VICTIM RIGHTS CLARI- (2) ACTION BY JUDICIAL CONFERENCE.— tice and considering views in the context of FICATION ACT.—Section 3510 of title 18, (A) RECOMMENDATIONS.—Not later than 180 the particular case, including— United States Code, is amended— days after the date of enactment of this Act, ‘‘(A) the impact on public safety and risks (1) by redesignating subsection (c) as sub- the Judicial Conference of the United States to personal safety; section (e); and shall submit to Congress a report containing ‘‘(B) the number of victims; (2) by inserting after subsection (b) the fol- recommendations for amending the Federal ‘‘(C) the need for confidentiality, including lowing: Rules of Criminal Procedure to provide en- whether the proposed plea involves confiden- ‘‘(c) APPLICATION TO TELEVISED PRO- hanced opportunities for victims to partici- tial information or conditions; CEEDINGS.—This section applies to any vic- pate during the presentencing and sen- ‘‘(D) whether time is of the essence in ne- tim viewing proceedings pursuant to section tencing phase of the criminal process. gotiating or entering a proposed plea; and 235 of the Antiterrorism and Effective Death (B) INAPPLICABILITY OF OTHER LAW.—Chap- ‘‘(E) whether the victim is a possible wit- Penalty Act of 1996 (42 U.S.C. 10608), or any ter 131 of title 28, United States Code, does ness in the case and the effect that relaying rule issued thereunder. not apply to any recommendation made by any information may have upon the right of ‘‘(d) STANDING.— the Judicial Conference of the United States the defendant to a fair trial.’’. ‘‘(1) IN GENERAL.—At the request of any under this paragraph. (b) COURT CONSIDERATION OF THE VIEWS OF victim of an offense, the attorney for the (3) CONGRESSIONAL ACTION.—Except as oth- VICTIMS.—Rule 11 of the Federal Rules of Government may assert the right of the vic- erwise provided by law, if the Judicial Con- Criminal Procedure is amended— tim under this section to attend and observe ference of the United States— (1) by redesignating subdivisions (g) and (h) the trial. (A) submits a report in accordance with as subdivisions (h) and (i), respectively; and ‘‘(2) VICTIM STANDING.—If the attorney for paragraph (2) containing recommendations (2) by inserting after subdivision (f) the fol- the Government declines to assert the right described in that paragraph, and those rec- lowing: of a victim under this section, then the vic- ommendations are the same as the amend- ‘‘(g) VIEWS OF THE VICTIM.—Notwith- tim has standing to assert such right. ments made by subsection (b), then the standing the acceptance of a plea of guilty, ‘‘(3) APPELLATE REVIEW.—An adverse ruling amendments made by subsection (b) shall be- the court should not enter a judgment upon on a motion or request by an attorney for come effective 30 days after the date on such plea without making inquiry of the at- the Government or a victim under this sub- which the recommendations are submitted torney for the Government if the victim (as section may be appealed or petitioned under to Congress under paragraph (2); defined in section 503(e)(2) of the Victims’ the rules governing appellate actions, pro- (B) submits a report in accordance with Rights and Restitution Act of 1990) has been vided that no appeal or petition shall con- paragraph (2) containing recommendations

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S4001 described in that paragraph, and those rec- Attorney General of the United States shall pilot program under this section shall be to ommendations are different in any respect promulgate regulations to enforce the rights promote compliance and effective enforce- from the amendments made by subsection of victims of crime described in section 502 of ment of State laws regarding the rights of (b), the recommendations made pursuant to the Victims’ Rights and Restitution Act of victims of crime. paragraph (2) shall become effective 180 days 1990 (42 U.S.C. 10606) and to ensure compli- (2) DUTIES.—A compliance authority estab- after the date on which the recommenda- ance by responsible officials with the obliga- lished and operated under a pilot program tions are submitted to Congress under para- tions described in section 503 of that Act (42 under this section shall— graph (2), unless an Act of Congress is passed U.S.C. 10607). (A) receive and investigate complaints re- overturning the recommendations; and (b) CONTENTS.—The regulations promul- lating to the provision or violation of the (C) fails to comply with paragraph (2), the gated under subsection (a) shall— rights of a crime victim; and amendments made by subsection (b) shall be- (1) establish an administrative authority (B) issue findings following such investiga- come effective 360 days after the date of en- within the Department of Justice to receive tions. actment of this Act. and investigate complaints relating to the (3) OTHER DUTIES.—A compliance authority (4) APPLICATION.—Any amendment made provision or violation of the rights of a established and operated under a pilot pro- pursuant to this section (including any crime victim; gram under this section may— amendment made pursuant to the rec- (2) require a course of training for employ- (A) pursue legal actions to define or en- ommendations of the Judicial Conference of ees and offices of the Department of Justice force the rights of victims; the United States under paragraph (2)) shall that fail to comply with provisions of Fed- (B) review procedures established by public apply in any proceeding commenced on or eral law pertaining to the treatment of vic- agencies and private organizations that pro- after the effective date of the amendment. tims of crime, and otherwise assist such em- vide services to victims, and evaluate the de- ployees and offices in responding more effec- livery of services to victims by such agencies SEC. 106. RIGHT TO NOTICE CONCERNING SEN- tively to the needs of victims; TENCE ADJUSTMENT. and organizations; (3) contain disciplinary sanctions, includ- Paragraph (6) of section 503(c) of the Vic- (C) coordinate and cooperate with other ing suspension or termination from employ- public agencies and private organizations tims’ Rights and Restitution Act of 1990, as ment, for employees of the Department of concerned with the implementation, moni- redesignated by section 103 of this Act, is Justice who willfully or wantonly fail to toring, and enforcement of the rights of vic- amended by striking subparagraph (A) and comply with provisions of Federal law per- tims and enter into cooperative agreements inserting: taining to the treatment of victims of crime; with such agencies and organizations for the ‘‘(A) the scheduling of a parole hearing or and furtherance of the rights of victims; a hearing on modification of probation or su- (4) provide that the Attorney General, or (D) ensure a centralized location for victim pervised release for the offender;’’. the designee of the Attorney General, shall SEC. 107. RIGHT TO NOTICE CONCERNING DIS- be the final arbiter of the complaint, and services information; CHARGE FROM PSYCHIATRIC FACIL- that there shall be no judicial review of the (E) recommend changes in State policies ITY. final decision of the Attorney General by a concerning victims, including changes in the Paragraph (6) of section 503(c) of the Vic- complainant. system for providing victim services; tims’ Rights and Restitution Act of 1990, as (F) provide public education, legislative TITLE II—VICTIM ASSISTANCE redesignated by section 103 of this Act, is advocacy, and development of proposals for INITIATIVES amended by striking subparagraph (B) and systemic reform; and inserting: SEC. 201. PILOT PROGRAMS TO ENFORCE COM- (G) advertise to advise the public of its ‘‘(B) the escape, work release, furlough, PLIANCE WITH STATE CRIME VIC- services, purposes, and procedures. TIM’S RIGHTS LAWS. discharge or conditional discharge, or any LIGIBILITY (a) DEFINITIONS.—In this section: (d) E .—To be eligible to receive a other form of release from custody of the of- (1) COMPLIANCE AUTHORITY.—The term grant under this section, a State shall sub- fender, including an offender who was found ‘‘compliance authority’’ means one of the mit an application to the Director which in- not guilty by reason of insanity;’’. compliance authorities established and oper- cludes assurances that— SEC. 108. RIGHT TO NOTICE CONCERNING EXECU- ated under a program under subsection (b) to (1) the State has provided legal rights to TIVE CLEMENCY. enforce the rights of victims of crime. victims of crime at the adult and juvenile (a) NOTICE.—Paragraph (6) of section 503(c) (2) DIRECTOR.—The term ‘‘Director’’ means levels; of the Victims’ Rights and Restitution Act the Director of the Office for Victims of (2) a compliance authority that receives of 1990, as redesignated by section 103 of this Crime. funds under this section will include a role Act, is amended— (3) OFFICE.—The term ‘‘Office’’ means the for— (1) by redesignating subparagraph (C) as Office for Victims of Crime. (A) representatives of criminal justice subparagraph (D); and (b) PILOT PROGRAMS.— agencies, crime victim service organizations, (2) by inserting after subparagraph (B) the (1) IN GENERAL.—Not later than 12 months and the educational community; following: after the date of enactment of this Act, the (B) a medical professional whose work in- ‘‘(C) the grant of executive clemency, in- Attorney General, acting through the Direc- cludes work in a hospital emergency room; cluding any pardon, reprieve, commutation tor, shall establish and carry out a program and of sentence, or remission of fine, to the of- to provide for pilot programs in 5 States to (C) a therapist whose work includes treat- fender; and’’. establish and operate compliance authorities ment of crime victims; and (b) REPORTING REQUIREMENT.—The Attor- to enforce the rights of victims of crime. (3) Federal funds received under this sec- ney General shall submit biannually to the (2) AGREEMENTS.— tion will be used to supplement, and not to Committees on the Judiciary of the House of (A) IN GENERAL.—The Attorney General, supplant, non-Federal funds that would oth- Representatives and the Senate a report on acting through the Director, shall enter into erwise be available to enforce the rights of executive clemency matters or cases dele- an agreement with a State to conduct a pilot victims of crime. gated for review or investigation to the At- program referred to in paragraph (1), which (e) PREFERENCE.—In awarding grants under torney General by the President, including agreement shall provide for a grant to assist this section, the Attorney General shall give for each year— the State in carrying out the pilot program. preference to a State that provides legal (1) the number of petitions so delegated; (B) CONTENTS OF AGREEMENT.—The agree- standing to prosecutors and victims of crime (2) the number of reports submitted to the ment referred to in subparagraph (A) shall to assert the rights of victims of crime. President; specify that— (f) OVERSIGHT.— (3) the number of petitions for executive (i) the compliance authority shall be estab- (1) TECHNICAL ASSISTANCE.—The Director clemency granted and the number denied; lished and operated in accordance with this may provide technical assistance and train- (4) the name of each person whose petition section; and ing to a State that receives a grant under for executive clemency was granted or de- (ii) except with respect to meeting applica- this section to achieve the purposes of this nied and the offenses of conviction of that ble requirements of this section concerning section. person for which executive clemency was carrying out the duties of a compliance au- (2) ANNUAL REPORT.—Each State that re- granted or denied; and thority under this section (including the ap- ceives a grant under this section shall sub- (5) with respect to any person granted ex- plicable reporting duties under subsection (f) mit to the Director, for each year in which ecutive clemency, the date that any victim and the terms of the agreement), a compli- funds from a grant received under this sec- of an offense that was the subject of that ance authority shall operate independently tion are expended, a report that contains— grant of executive clemency was notified, of the Office. (A) a summary of the activities carried out pursuant to Department of Justice regula- (C) NO AUTHORITY OVER DAILY OPER- under the grant and an assessment of the ef- tions, of a petition for executive clemency, ATIONS.—The Office shall have no super- fectiveness of such activities in promoting and whether such victim submitted a state- visory or decisionmaking authority over the compliance and effective implementation of ment concerning the petition. day-to-day operations of a compliance au- the laws of that State regarding the rights of SEC. 109. PROCEDURES TO PROMOTE COMPLI- thority. victims of crime; ANCE. (c) OBJECTIVES.— (B) a strategic plan for the year following (a) REGULATIONS.—Not later than 1 year (1) MISSION.—The mission of a compliance the year covered under subparagraph (A); after the date of enactment of this Act, the authority established and operated under a and

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4002 CONGRESSIONAL RECORD — SENATE April 26, 2001 (C) such other information as the Director ‘community-based restorative justice pro- (B) by inserting ‘‘in reserve’’ after ‘‘shall may require. gram’ means a program based upon prin- remain’’; and (g) REVIEW OF PROGRAM EFFECTIVENESS.— ciples of restorative justice and a concern for (2) by adding at the end the following: (1) IN GENERAL.—The Director of the Na- maintaining offenders safely in the commu- ‘‘Subject to the availability of money in the tional Institute for Justice shall conduct an nity. Fund, the Director shall make available pur- evaluation of the pilot programs carried out ‘‘(c) MISSION.—The mission of a program suant to this Act, not less than 90 percent under this section to determine the effec- developed and implemented under a grant nor more than 110 percent of the total tiveness of the compliance authorities that under this section shall be to— amount of funds made available for obliga- are the subject of the pilot programs in car- ‘‘(1) protect the community through proc- tion in the previous fiscal year.’’. rying out the mission and duties described in esses in which individual victims, offenders, (c) FUNDING FOR VICTIM ASSISTANCE PER- subsection (c). and the community are all active partici- SONNEL.—Section 1402(d) of the Victims of (2) REPORT.—Not later than 5 years after pants; Crime Act of 1984 (42 U.S.C. 10601(d)) is re- the date of enactment of this Act, the Direc- ‘‘(2) ensure accountability of the offenders pealed. tor of the National Institute of Justice shall to their victims and community; and (d) ALLOCATION OF FUNDS FOR COSTS AND submit to the Committee on the Judiciary of ‘‘(3) equip offenders with the skills needed GRANTS.—Section 1402(d)(4) of the Victims of the House of Representatives and the Com- to live responsibly and productively. Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is mittee on the Judiciary of the Senate a writ- ‘‘(d) VOLUNTARY PROGRAMS.—A program amended— ten report on the results of the evaluation funded under this section shall be fully vol- (1) in subparagraph (A), by striking ‘‘48.5’’ required by paragraph (1). untary for both victims and offenders. and inserting ‘‘47.5’’; (h) GRANT PERIOD.—A grant under this sec- ‘‘(e) REPORT.—The Office for Victims of (2) in subparagraph (B), by striking ‘‘48.5’’ tion shall be made for a period not longer Crime shall conduct a study and report to and inserting ‘‘47.5’’; and than 4 years, but may be renewed for a pe- Congress not later than 3 years after the (3) in subparagraph (C), by striking ‘‘3’’ and riod not to exceed 2 years on such terms as date of enactment of this Act on the effec- inserting ‘‘5’’. tiveness of programs that receive grants the Director may require. (e) ANTITERRORISM EMERGENCY RESERVE.— under this section. (i) AUTHORIZATION OF APPROPRIATIONS.— Section 1402(d)(5) of the Victims of Crime ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There are authorized to be Act of 1984 (42 U.S.C. 10601(d)(5)) is amended There are authorized to be appropriated to appropriated to carry out this section, to re- to read as follows: carry out this section, in addition to funds main available until expended, $8,000,000 for ‘‘(4)(A) Notwithstanding subsection (c), the made available by section 1402(d)(4)(C) of this fiscal year 2002 and such sums as may be nec- Director may set aside up to $50,000,000 from title, $4,000,000 for each of fiscal years 2002, essary for fiscal years 2003, 2004, and 2005. the amounts remaining in the Fund as an 2003, and 2004. (2) EVALUATIONS.—Up to 5 percent of the antiterrorism emergency reserve fund. The ‘‘(g) FALSE CLAIMS ACT.—Notwithstanding amount authorized to be appropriated under any other provision of law, amounts col- Director may replenish any amounts ex- paragraph (1) in any fiscal year may be used lected pursuant to sections 3729 through 3731 pended in subsequent fiscal years by setting for administrative expenses incurred in con- of title 31, United States Code (commonly aside up to 5 percent of the amounts remain- ducting the evaluations and preparing the known as the ‘False Claims Act’), may be ing in the Fund in any fiscal year. report required by subsection (g). used for grants under this section.’’. ‘‘(B) The antiterrorism emergency reserve referred to in subparagraph (A) may be used SEC. 202. INCREASED RESOURCES TO DEVELOP SEC. 204. FUNDING FOR FEDERAL VICTIM ASSIST- STATE-OF-THE-ART SYSTEMS FOR ANCE PERSONNEL. for supplemental grants under section 1404B NOTIFYING CRIME VICTIMS OF IM- (a) IN GENERAL.—There are authorized to (42 U.S.C. 10603b) and to provide compensa- PORTANT DATES AND DEVELOP- be appropriated such sums as may be nec- tion to victims of international terrorism MENTS. under section 1404C (42 U.S.C. 10603c).’’. The Victims of Crime Act of 1984 is amend- essary to enable the Attorney General, SEC. 302. CRIME VICTIM COMPENSATION. ed by inserting after section 1404C the fol- through the Director of the Office for Vic- (a) ALLOCATION OF FUNDS FOR COMPENSA- lowing: tims of Crime, to retain 400 full-time or full- time equivalent employees to serve as victim TION AND ASSISTANCE.—Section 1403(a) of the ‘‘SEC. 1404D. VICTIM NOTIFICATION GRANTS. witness coordinators and victim witness ad- Victims of Crime Act of 1984 (42 U.S.C. ‘‘(a) IN GENERAL.—The Director may make vocates in Federal law enforcement agencies. 10602(a)) is amended— grants as provided in section 1404(c)(1)(A) to (b) VICTIMS ASSISTANCE.—Employees re- (1) in each of paragraphs (1) and (2), by State, tribal, and local prosecutors’ offices, tained pursuant to this section shall provide striking ‘‘40’’ and inserting ‘‘60’’; and law enforcement agencies, courts, jails, and assistance to victims of criminal offenses in- (2) in paragraph (3), by striking ‘‘5’’ and in- correctional institutions, and to qualified vestigated or prosecuted by a Federal law en- serting ‘‘10’’. private entities, to develop and implement forcement agency and otherwise improve (b) RELATIONSHIP OF CRIME VICTIM COM- state-of-the-art systems for notifying vic- services for the benefit of crime victims in PENSATION TO MEANS-TESTED FEDERAL BEN- tims of crime of important dates and devel- the Federal system. EFIT PROGRAMS.—Section 1403 of the Victims opments relating to the criminal proceedings (c) ALLOCATION OF EMPLOYEES.—Full-time of Crime Act of 1984 (42 U.S.C. 10602) is at issue on a timely and efficient basis. and full-time equivalent employees retained amended by striking subsection (c) and in- ‘‘(b) INTEGRATION OF SYSTEMS.—Systems pursuant to this section shall be assigned by serting the following: developed and implemented under this sec- the Director of the Office for Victims of ‘‘(c) EXCLUSION FROM INCOME, RESOURCES, tion may be integrated with existing case Crime, as needed, in Federal law enforce- AND ASSETS FOR PURPOSES OF MEANS management systems operated by the recipi- ment agencies, including— TESTS.—Notwithstanding any other law, for ent of the grant. (1) 170 to the United States Attorneys Of- the purpose of any maximum allowed in- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— fices; and come, resource, or asset eligibility require- There are authorized to be appropriated to (2) 120 to the Federal Bureau of Investiga- ment in any Federal, State, or local govern- carry out this section, in addition to funds tion in field offices in Indian country (as de- ment program using Federal funds that pro- made available by section 1402(d)(4)(C)— fined in section 1151 of title 18, United States vides medical or other assistance (or pay- ‘‘(1) $10,000,000 for fiscal year 2002; Code) and other field offices that handle in- ment or reimbursement of the cost of such ‘‘(2) $5,000,000 for fiscal year 2003; and vestigations involving large numbers of vic- assistance), any amount of crime victim ‘‘(3) $5,000,000 for fiscal year 2004. tims, and in the Headquarters Divisions. compensation that the applicant receives ‘‘(d) FALSE CLAIMS ACT.—Notwithstanding TITLE III—VICTIMS OF CRIME ACT through a crime victim compensation pro- any other provision of law, amounts col- AMENDMENTS gram under this section shall not be included lected pursuant to sections 3729 through 3731 in the income, resources, or assets of the ap- of title 31, United States Code (commonly SEC. 301. CRIME VICTIMS FUND. (a) DEPOSIT OF GIFTS IN THE FUND.—Section plicant, nor shall that amount reduce the known as the ‘False Claims Act’), may be 1402(b) of the Victims of Crime Act of 1984 (42 amount of the assistance available to the ap- used for grants under this section.’’. U.S.C. 10601(b)) is amended— plicant from Federal, State, or local govern- SEC. 203. RESTORATIVE JUSTICE GRANTS. (1) in paragraph (3), by striking ‘‘and’’ at ment programs using Federal funds, unless The Victims of Crime Act of 1984 is amend- the end; the total amount of assistance that the ap- ed by inserting after section 1404D, as added (2) in paragraph (4), by striking the period plicant receives from all such programs is by section 202 of this Act, the following: at the end and inserting ‘‘; and’’; and sufficient to fully compensate the applicant ‘‘SEC. 1404E. RESTORATIVE JUSTICE GRANTS. (3) by adding at the end the following: for losses suffered as a result of the crime.’’. ‘‘(a) IN GENERAL.—The Director may make ‘‘(5) any gifts, bequests, or donations to the (c) CONFORMING AMENDMENT.—Section grants as provided in section 1404(c)(1)(A) of Fund from private entities or individuals.’’. 1403(d)(4) of the Victims of Crime Act of 1984 this title to States, units of local govern- (b) FORMULA FOR FUND DISTRIBUTIONS.— (42 U.S.C. 10602(d)(4)) is amended by inserting ment, tribal governments, and qualified pri- Section 1402(c) of the Victims of Crime Act ‘‘the United States Virgin Islands,’’ after vate entities for the development and imple- of 1984 (42 U.S.C. 10601(c)) is amended— ‘‘the Commonwealth of Puerto Rico,’’. mentation of community-based restorative (1) in the second sentence— SEC. 303. CRIME VICTIM ASSISTANCE. justice programs in juvenile justice systems. (A) by striking ‘‘made available for obliga- (a) ASSISTANCE FOR VICTIMS IN THE DIS- ‘‘(b) COMMUNITY-BASED RESTORATIVE JUS- tion by Congress’’ and inserting ‘‘obligated’’; TRICT OF COLUMBIA, PUERTO RICO, AND OTHER TICE PROGRAM.—In this section, the term and TERRITORIES AND POSSESSIONS.—Section

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S4003 1404(a) of the Victims of Crime Act of 1984 (42 ance with State victim’s rights laws. Third, following such investigations. Authorizes ap- U.S.C. 10603(a)) is amended by adding at the it would make several significant amend- propriations to make grants for these pilot end the following: ments to the Victims of Crime Act and im- programs. ‘‘(6) An agency of the Federal Government prove the manner in which the Crime Vic- Sec. 202. Increased resources to develop performing local law enforcement functions tims Fund is managed and preserved. state-of-the-art systems for notifying crime in and on behalf of the District of Columbia, TITLE I—VICTIM RIGHTS IN THE FEDERAL victims of important dates and develop- the Commonwealth of Puerto Rico, the SYSTEM ments. Authorizes appropriations for grants United States Virgin Islands, or any other Sec. 101. Right to consult concerning de- to develop and implement crime victim noti- territory or possession of the United States tention. Requires the government to consult fication systems. may qualify as an eligible crime victim as- with victim prior to a detention hearing to Sec. 203. Restorative justice grants. Au- sistance program for the purpose of grants obtain information that can be presented to thorizes appropriations for grants to develop under this subsection, or for the purpose of the court on the issue of any threat the sus- and implement community-based restorative grants under subsection (c)(1).’’. pected offender may pose to the victim. Re- justice programs in juvenile court settings. (b) PROHIBITION ON DISCRIMINATION AGAINST quires the court to make inquiry during a Sec. 204. Funding for federal victim assist- CERTAIN VICTIMS.—Section 1404(b)(1) of the detention hearing concerning the views of ance personnel. Authorizes appropriations to Victims of Crime Act of 1984 (42 U.S.C. the victim, and to consider such views in de- retain 400 full-time or full-time equivalent 10603(b)(1)) is amended— termining whether the suspected offender employees to serve as victim witness coordi- (1) in subparagraph (D), by striking ‘‘and’’ should be detained. nators and victim witness advocates in Fed- at the end; Sec. 102. Right to a speedy trial. Requires eral law enforcement agencies. These posi- (2) in subparagraph (E), by striking the pe- the court to consider the interests of the vic- tions are currently funded with money from riod at the end and inserting ‘‘; and’’; and tim in the prompt and appropriate disposi- the Crime Victims Fund. (3) by adding at the end the following: tion of the case, free from unreasonable TITLE III—VICTIMS OF CRIME ACT AMENDMENTS ‘‘(F) does not discriminate against victims delay. Sec. 301. Crime Victims Fund. Replaces the because they oppose the death penalty or Sec. 103. Right to consult concerning plea. annual cap on the Fund with a formula that disagree with the way the State is pros- Requires the government to make reasonable ensures stability in the amounts distributed ecuting the criminal case.’’. efforts to notify the victim of, and consider to the States, while preserving the amounts (c) ADMINISTRATIVE COSTS FOR CRIME VIC- the victim’s views about, any proposed or remaining in the Fund for use in future TIM ASSISTANCE.—Section 1404(b)(3) of the contemplated plea agreement. Requires the years. Discontinues the practice of using Victims of Crime Act of 1984 (42 U.S.C. court, prior to entering judgment on a plea, Fund money to pay for victim assistance po- 10603(b)(3)) is amended by striking ‘‘5’’ and to make inquiry concerning the views of the sitions in certain federal agencies; these po- inserting ‘‘10’’. victim on the issue of the plea. sitions would now be funded through direct (d) GRANTS FOR PROGRAM EVALUATION AND Sec. 104. Enhanced participatory rights at appropriations under section 204. Increases COMPLIANCE EFFORTS.—Section 1404(c)(1)(A) trial. Provides standing for the prosecutor the portion of the Fund that shall be avail- of the Victims of Crime Act of 1984 (42 U.S.C. and the victim to assert the right of the vic- 10603(c)(1)(A)) is amended by inserting ‘‘, pro- able to OVC for discretionary victim assist- tim to attend and observe the trial. Extends ance grants and for assistance to victims of gram evaluation, compliance efforts,’’ after the Victim Rights Clarification Act to apply ‘‘demonstration projects’’. federal crime. Permits OVC to retain a max- to televised proceedings. Amends the Vic- imum of $50 million in an antiterrorism (e) FELLOWSHIPS AND CLINICAL INTERN- tims’ Rights and Restitution Act of 1990 to SHIPS.—Section 1404(c)(3) of the Victims of emergency reserve that can be replenished strengthen the right of crime victims to be with up to 5 percent of the amounts retained Crime Act of 1984 (42 U.S.C. 10603(c)(3)) is present at court proceedings, including amended— in the Fund after the annual Fund distribu- trials. tion. (1) in subparagraph (C), by striking ‘‘and’’ Sec. 105. Enhanced participatory rights at at the end; Sec. 302. Crime victim compensation. In- sentencing. Requires the probation officer to creases from 40 to 60 percent the minimum (2) in subparagraph (D), by striking the pe- include as part of the presentence report any riod at the end and inserting ‘‘; and’’; and threshold for the annual grant to State victim impact statement submitted by a vic- crime victim compensation programs. Clari- (3) by adding at the end the following: tim. Extends to all victims the right to ‘‘(E) use funds made available to the Direc- fies that a payment of compensation to a make a statement or present information in victim shall not reduce the amount of assist- tor under this subsection— relation to the sentence. Requires the court ‘‘(i) for fellowships and clinical intern- ance available to that victim under other to consider the victim’s views concerning government programs. ships; and punishment, if such views are presented to ‘‘(ii) to carry out programs of training and Sec. 303. Crime victim assistance. Author- the court, before imposing sentence. izes States to give VOCA funds to U.S. Attor- special workshops for the presentation and Sec. 106. Right to notice concerning sen- dissemination of information resulting from ney’s Offices in jurisdictions where the U.S. tence adjustment. Requires the government Attorney is the local prosecutor. Prohibits demonstrations, surveys, and special to provide the victim the earliest possible projects.’’. State crime victim assistance programs that notice of the scheduling of a hearing on receive VOCA grants from discriminating SEC. 304. VICTIMS OF TERRORISM. modification of probation or supervised re- against victims because they oppose the (a) ASSISTANCE TO VICTIMS OF INTER- lease for the offender. death penalty or disagree with the way the NATIONAL TERRORISM.—Section 1404B(a)(1) of Sec. 107. Right to notice concerning dis- State is prosecuting the criminal case. Au- the Victims of Crime Act of 1984 (42 U.S.C. charge from psychiatric facility. Requires thorizes OVC to make grants to eligible 10603b(a)(1)) is amended by striking ‘‘who are the government to provide the victim the crime victim assistance programs for pro- not persons eligible for compensation under earliest possible notice of the discharge or gram evaluation and compliance efforts. Al- title VIII of the Omnibus Diplomatic Secu- conditional discharge from a psychiatric fa- lows OVC to use funds for fellowships and rity and Antiterrorism Act of 1986’’. cility of an offender who was found not clinical internships and to carry out training (b) COMPENSATION TO VICTIMS OF INTER- guilty by reason of insanity. programs. NATIONAL TERRORISM.—Section 1404C(b) of Sec. 108. Right to notice concerning execu- Sec. 304. Victims of Terrorism. Technical the Victims of Crime of 1984 (42 U.S.C. tive clemency. Requires the government to amendment to section 2003 of the Trafficking 10603c(b)) is amended by adding at the end provide the victim the earliest possible no- Victims Protection Act of 2000 (PL 106–386), the following: ‘‘The amount of compensation tice of the grant of executive clemency to which inadvertently reversed the existing ex- awarded to a victim under this subsection the offender. Requires the Attorney General clusion under VOCA of individuals eligible shall be reduced by any amount that the vic- to report to Congress concerning executive for other federal compensation under the tim received in connection with the same act clemency matters delegated for review or in- Omnibus Diplomatic Security and of international terrorism under title VIII of vestigation to the Attorney General. Antiterrorism Act of 1986 (ODSA). The exclu- the Omnibus Diplomatic Security and Sec. 109. Procedures to promote compli- sion of individuals eligible for compensation Antiterrorism Act of 1986.’’. ance. Establishes an administrative system for enforcing the rights of crime victims in under ODSA should have been applied to sec- tion 1404C of VOCA, which covers direct com- CRIME VICTIMS ASSISTANCE ACT OF 2001— the federal system. pensation to victims of international ter- SECTION-BY-SECTION SUMMARY TITLE II—VICTIM ASSISTANCE INITIATIVES rorism, and not to section 1404B, which cov- OVERVIEW Sec. 201. Pilot programs to enforce compli- ers assistance to victims of terrorism. The Crime Victims Assistance Act of 2001 ance with victim’s rights laws. Authorizes represents an important step in Congress’s the establishment of pilot programs in five By Mr. MURKOWSKI: continuing efforts to provide assistance and States to establish and operate compliance S. 784. A bill to amend the Internal afford respect to victims of crime. The bill authorities to promote compliance and effec- Revenue Code of 1986 to increase the would accomplish three major goals. First, it tive enforcement of State laws regarding the would provide enhanced rights and protec- rights of victims of crime. Compliance au- limitation on capital losses any indi- tions for victims of federal crimes. Second, it thorities would receive and investigate com- vidual may deduct against ordinary in- would assist victims of State crimes through plaints relating to the provision or violation come, and to allow individuals a 3-year grant programs designed to promote compli- of a crime victim’s rights, and issue findings capital loss carryback and unlimited

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4004 CONGRESSIONAL RECORD — SENATE April 26, 2001 carryovers; to the Committee on Fi- S. 784 have not become signatories to an nance. Be it enacted by the Senate and House of Rep- international agreement establishing a Mr. MURKOWSKI. Mr. President, I resentatives of the United States of America in certification system for exports and am today introducing legislation that Congress assembled, imports of rough diamonds or that would soften the blow that many inves- SECTION 1. TREATMENT OF CAPITAL LOSSES OF TAXPAYERS OTHER THAN CORPORA- have not unilaterally implemented a tors have felt as the stock market has TIONS. certification system meeting the declined. My bill would raise the cap- (a) INCREASE IN LIMITATION ON LOSSES AL- standards set forth herein; to the Com- ital loss limit that can be applied LOWABLE AGAINST ORDINARY INCOME.—Sec- mittee on Finance against ordinary income. Currently, tion 1211(b)(1) of the Internal Revenue Code Mr. GREGG. Mr. President, the pur- the limit is $3,000. Under my proposal, of 1986 (relating to limitation on capital pose of the Conflict Diamonds Act of losses of taxpayers other than corporations) the limit would rise to $20,000. More- 2001 is to eliminate the illegal diamond over, my legislation allows individual is amended— (1) by striking ‘‘$3,000’’ and inserting trade that has fueled violent conflicts taxpayers to carryback capital losses ‘‘$20,000’’, and in the African nations of Sierra Leone, three years to offset prior capital (2) by striking ‘‘$1,500’’ and inserting Liberia, Congo, Angola, Ivory Coast, gains. ‘‘$10,000’’. and Burkina Faso. The sale of illicit This bill reflects the reality of what (b) CARRYBACK AND CARRYOVERS OF CAP- diamonds has allowed criminal gangs has happened to many millions of in- ITAL LOSSES.—Section 1212(b)(1) of the Inter- nal Revenue Code of 1986 (relating to capital like the Revolutionary United Front in vestors. In the past year, more than Sierra Leone to buy arms and supplies $4.5 trillion of wealth has been wiped loss carrybacks and carryovers of taxpayers other than corporations) is amended to read in an effort to expand their influence. out as our economy has slowed and the as follows: In the process, they have inflicted un- markets have declined. For many in- ‘‘(1) CARRYBACKS AND CARRYOVERS.— speakable pain, including torture and vestors, when they file their taxes next ‘‘(A) IN GENERAL.—If a taxpayer other than amputation, on the innocent people year, they are going to find that if they a corporation has a net capital loss for any they encounter. taxable year (the ‘loss year’)— have no offsetting gains they are only The Conflict Diamonds Act of 2001 going to be allowed to write off $3,000 ‘‘(i) the excess of the net short-term cap- bans the importation into the United of their loss. Of course, they can carry ital loss over the net long-term capital gain States of diamonds from countries that forward that loss. But for an investor for the loss year shall be a capital loss fail to observe an effective diamond who has net capital losses of $20,000 carryback to each of the 3 taxable years pre- ceding the loss year and a capital loss carry- control system. Under this legislation, this year he or she will not be able to over to each taxable year succeeding the loss no diamond that has ever been in the completely write off that investment year, and shall be treated as a short-term possession of the RUF or any other loss until 2007, assuming no future cap- capital loss in each such taxable year, and rebel group will be allowed to enter the ital gains. With $40,000 of losses, it ‘‘(ii) the excess of the net long-term cap- United States. This includes diamonds would take until 2014 to write off those ital loss over the net short-term capital gain that pass through another country for losses. for the loss year shall be a capital loss The capital loss/ordinary income carryback to each of the 3 taxable years pre- cutting or setting. The Conflict Dia- limit has been in place since 1976. It ceding the loss year and a capital loss carry- monds Act of 2001 authorizes the Presi- seems to me that with 25 years of infla- over to each taxable year succeeding the loss dent of the United States to ban the tion, that $3,000 limit is far too low. year, and shall be treated as a long-term cap- importation of diamonds and diamond ital loss in each of such taxable years. Moreover, I have always believed that jewelry from countries if he believes ‘‘(B) AMOUNT CARRIED TO EACH TAXABLE that shipments from those countries if we want to encourage investors to YEAR.—The entire amount of the loss which take financial risks investing in new may be carried to another taxable year violate the legislation’s intent. Those frontier technologies, we should cush- under subparagraph (A) shall be carried to who knowingly violate the import ban ion the financial blow when the ven- the earliest of the taxable years to which the would be subject to criminal and civil ture does not succeed. The best way to loss may be carried. The portion of such loss penalties under existing U.S. Customs do that is to allow them to write off a which may be carried to any other taxable law. The Customs Service would be au- greater portion of their loss imme- year shall be the excess (if any) of such loss thorized to seize illicit shipments. The over the portion of such loss which, after ap- diately. import ban would take effect six plication of subparagraph (C), was allowed as months after enactment, regardless of The bill also allows individuals the a carryback or carryover to any prior tax- opportunity to carry back losses in the able year. the status of negotiations for an inter- same fashion that is allowed to cor- ‘‘(C) AMOUNT WHICH MAY BE USED.—An national agreement. porations. If their capital losses exceed amount shall be allowed as a carryback or I ask unanimous consent that the their capital gains they would be able carryover from a loss year to another tax- text of the bill be printed in the to carry those losses back three years able year only to the extent— RECORD. to offset capital gains incurred in prior ‘‘(i) such amount does not exceed the ex- There being no objection, the bill was years. While I recognize that this may cess (if any) of— ordered to be printed in the RECORD, as create some complexity for taxpayers ‘‘(I) the sum of the losses from the sale or follows: exchange of capital assets in such other tax- since it would require the filing of able year plus losses carried under this para- S. 787 amended returns, I believe it is an ap- graph to such other taxable year from tax- Be it enacted by the Senate and House of Rep- propriate and fair way to deal with able years prior to such loss year, over resentatives of the United States of America in capital losses. If a corporation can take ‘‘(II) gains from such sales or exchanges in Congress assembled, advantage of this benefit, it seems only such other taxable year, and SECTION 1. SHORT TITLE. fair to give that same benefit to indi- ‘‘(ii) the allowance of such carryback or This Act may be cited as the ‘‘Conflict Dia- viduals. carryover does not increase or produce a net monds Act of 2001. operating loss (as defined in section 172(c)) I would certainly like to see the cap- TITLE I—PROHIBITION ON IMPORTATION for such other taxable year.’’ ital gains rate lowered. But as one Wall OF CONFLICT DIAMONDS (c) CONFORMING AMENDMENTS.— Street executive recently was quoted: (1) Section 1212(b)(2)(A) of the Internal SEC. 101. FINDINGS. ‘‘The last time I looked, you had to Revenue Code of 1986 is amended by striking The Congress finds that— have gains for this to make any dif- ‘‘subparagraph (A) or (B) of paragraph (1)’’ (1) The use of funds from illegitimate dia- ference.’’ I certainly think the proposal and inserting ‘‘clause (i) or (ii) of paragraph mond trade to support conflicts in Africa has I have offered would certainly make a (1)(A)’’. had devastating effects on the peoples of the difference to many millions of tax- (2) Section 1212 of such Code is amended by regions involved in those conflicts; payers who have suffered grievous striking subsection (c). (2) U.N. Security Council Resolution 1173 of losses in the market this year. (d) EFFECTIVE DATE.—The amendments June 12, 1998 requires the United States and made by this section shall apply to capital I ask unanimous consent that the all other U.N. members to take the nec- losses arising in taxable years beginning essary measures to prohibit the direct or in- text of the bill be printed in the after December 31, 2000. direct importation from Angola to their ter- RECORD. ritory of all diamonds that are not con- There being no objection, the bill was By Mr. GREGG: trolled through the Certificate of Origin re- ordered to be printed in the RECORD, as S. 787. A bill to prohibit the importa- gime of the Government of Unity and Na- follows: tion of diamonds from countries that tional Reconciliation (GURN);

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S4005 (3) U.N. Security Council Resolution 1306 of an attempt to enter any diamond directly menting regulations for Title I will be sub- July 5, 2000 requires the United States and from a country that: is subject to a United ject to civil and criminal penalties in effect all other U.N. members to take the nec- Nations Security Council resolution similar under the customs laws of the United States, essary measures to prohibit the direct or in- to those identified in subsection (a) or that as set forth in Title 19 of the United States direct importation of all rough diamonds is not a signatory to an international agree- Code. The same administrative procedures from Sierra Leone into their territory that ment that establishes a certification system and defenses that apply under Title 19 of the are not controlled by the Government of Si- for exports and imports of rough diamonds, United States Code will apply to penalties erra Leone through its Certificate of Origin that has not unilaterally implemented such that are sought to be assessed under this regime; a system, or that is not a ‘‘cooperating coun- subsection. (4) U.N. Security Council Resolution 1344 of try’’ as defined in subsection (c) of section (b) SEIZURE.—If the Customs Service has March 8, 2001 requires the United States and 105 of this Act. reasonable cause to believe that a person has all other U.N. members to take the nec- SEC. 104. PROHIBITION OF OTHER IMPORTS TO violated the provisions of subsection (a) of essary measures to prevent the direct or in- PREVENT CIRCUMVENTION OF U.N. this section and that seizure is essential to direct import of all rough diamonds from Li- RESOLUTIONS. prevent the introduction of merchandise into beria, whether or not such diamonds origi- The President of the United States is au- the customs territory of the United States nated in Liberia; thorized to prohibit the importation of dia- whose importation is prohibited by Title I of (5) Effective compliance with U.N. Secu- monds or diamond jewelry exported from any this Act, then such merchandise may be rity Council Resolutions 1173, 1306, and 1344 country except for rough diamonds whose seized. Within a reasonable time after any is necessary to eliminate trade in conflict country of origin has been certified as either such seizure is made, the Customs Service diamonds; the Republic of Angola or the Republic of Si- will issue to the person concerned a written (6) Although the President of the United erra Leone under the Certificate of Origin re- statement containing the reasons for the sei- States has issued Executive Orders to imple- gimes described in section 103 (a) (1) or (2), if zure. A person may seek relief from seizure ment Resolution 1173 and Resolution 1306, there are reasonable grounds to believe that under the procedures and standards pre- additional measures are needed to ensure such prohibition is necessary to carry out scribed in 19 U.S.C. § 1618 and the Customs compliance with, and prevent circumvention U.N. Security Council Resolution 1173, 1306, Service regulations that implement that of, those resolutions; or 1344, or any other Resolution banning the provision. (7) Further measures are needed to prevent exportation or importation of conflict dia- (c) COURT OF INTERNATIONAL TRADE PRO- rough diamonds originating in other rebel- monds. CEEDINGS.— controlled conflict areas from entering the SEC. 105. IMPLEMENTING MEASURES. (1) JURISDICTION.—Section 1582 of Title 28, global stream of commerce in which legiti- (a) The Secretary of the Treasury of the United States Code, is amended by amending mate diamonds are sold; United States is authorized to make such paragraph (1) to read as follows: (8) The resolution of the United Nations rules and regulations as may be necessary to ‘‘(1) to recover a civil penalty under sec- General Assembly approved on December 1, carry out the provisions of this Act. The pub- tion 592, 593A, 641(b)(6), 641(d)(2)(A), 704(i)(2), 2000 provides important guidance on devising lic will be notified and given an opportunity or 734(i)(2) of the Tariff Act of 1930. effective and pragmatic measures to address of at least 30 days to comment on all pro- (2) STANDARD OF REVIEW.—Notwith- the problem of conflict diamonds; and, posed rules and regulations before they take standing any other provision of law, in any (9) Since legitimate diamond trade is of proceeding commenced by the United States great economic importance to developing effect. (b) These regulations will provide that an in the Court of International Trade for the countries in Africa, no law should be en- recovery of any monetary penalty under this acted, nor regulation or other measure im- importer is entitled to rely on the country of origin marking that is required under 19 section, all issues, including the amount of plemented, that would impede legitimate di- any penalty, shall be tried de novo. amond trade or diminish confidence in the U.S.C. § 1304. However, nothing in this Act shall be construed to override an importer’s (d) PROCEEDS FROM FINES AND SEIZED integrity of the legitimate diamond indus- GOODS.—The proceeds derived from penalties try. duty to exercise reasonable care. (c) No later than six months after the date and seizures under Title I of this Act will, in SEC. 102. DEFINITIONS. of enactment of this Act, the Secretary of addition to amounts otherwise available for (a) The term ‘‘diamond’’ means a natural the Treasury will issue a list of countries such purposes, be available only for pro- mineral consisting of essentially pure carbon that are signatories to the international grams to assist the victims of conflicts in- crystallized in the isometric system with a agreement described in Title II, have unilat- volving illicitly traded diamonds. hardness of 10 on the Mohs scale, a specific erally implemented a certification system SEC. 107. REPORT TO CONGRESS. gravity of approximately 3.52, and a refrac- containing the elements described in sub- The President of the United States will re- tive index of 2.42. section (b) of section 203, or are found to be port to Congress no later than 180 days after (b) The term ‘‘rough diamond’’ means a di- ‘‘cooperating’’ countries as defined in this enactment of this Act and annually there- amond that is unworked or simply sawn, subsection. The Secretary of the Treasury after on the implementing measures taken cleaved or bruted, as described in Har- will revise and update this list as necessary. to carry out the provisions of this Title and monized Tariff Schedule of the United States For purposes of this subsection, the Sec- their effectiveness in stopping imports of subheading 7102.31.0000. conflict diamonds into the United States. (c) The term ‘‘conflict diamond’’ means a retary of the Treasury will find that a coun- diamond that has at any time been in the try is ‘‘cooperating’’ if it is acting in good TITLE II—NEGOTIATION OF AN INTER- possession of any person belonging to or as- faith to establish and enforce a unilateral NATIONAL AGREEMENT TO ELIMINATE sociated with armed insurgents, rebel forces, certification system meeting the standards TRADE IN CONFLICT DIAMONDS or any other movement using violence described in subsection (b) of section 203 or SEC. 201. FINDINGS. against civilians or internationally recog- taking action to ensure that it is not facili- The Congress finds that— nized governments. tating trade in conflict diamonds. The Sec- (1) The most effective and desirable means retary of the Treasury, in consultation with SEC. 103. RESTRICTIONS ON THE IMPORTATION of eliminating international trade in conflict OF DIAMONDS. appropriate agencies, shall develop and pub- diamonds is through international coopera- (a) No person may enter into the customs lish criteria that will be used to evaluate tive efforts involving governments, the pri- territory of the United States or aid or abet whether a country will be deemed a cooper- vate sector, civil society, and appropriate an attempt to enter any diamond, including ating country. These criteria will be subject international organizations; any diamond set in jewelry, that has been to public notice and comment before adop- (2) The initiatives of the world diamond in- mined in, or mined and set in, and exported tion in final form. dustry, as reflected in the Resolution of the directly from, the Republic of Sierra Leone, (d) The Secretary of the Treasury may ex- World Federation of Diamond Bourses and the Republic of Angola, or the Republic of tend cooperating country status for more the International Diamond Manufacturers Liberia except for a diamond or a diamond than six months after the initial designa- Association in Antwerp on July 19, 2000, as set in jewelry: tion, but shall provide to Congress an expla- well as the efforts of the South African-led (1) the country of origin of which has been nation of the reasons for why such an exten- Working Group on African Diamonds and the certified as the Republic of Sierra Leone by sion is necessary. World Diamond Council in developing pro- the internationally recognized government (e) The President of the United States posals for a global certification system for of that country, in accordance with United shall ensure that implementation of and rough diamonds, are important efforts at Nations Security Council Resolution 1306 of compliance with Title I of this Act is mon- international cooperation and may provide July 5, 2000; or itored by appropriate agencies or by an inde- effective mechanisms that could be incor- (2) the country of origin of which has been pendent body. porated in an international agreement to certified as the Republic of Angola by the SEC. 106. PENALTIES FOR NON-COMPLIANCE. eliminate trade in conflict diamonds; internationally recognized government of (a) CIVIL AND CRIMINAL PENALTIES.—Any (3) Eliminating imports of rough diamonds that country, in accordance with United Na- person who enters or introduces into the from countries where conflict diamonds are tions Security Council Resolution 1173 of commerce of the United States, attempts to mined, transshipped, or subsequently shipped June 12, 1998. enter or introduce, or aids or abets an at- into countries where cutting and polishing (b) No person may enter into the customs tempt to enter or introduce, merchandise in occur is the most effective way to eliminate territory of the United States or aid or abet violation of Title I of this Act or the imple- trade in conflict diamonds;

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4006 CONGRESSIONAL RECORD — SENATE April 26, 2001 SEC. 202. SENSE OF CONGRESS—NEGOTIATION SEC. 206. IMPLEMENTING LEGISLATION. ical decision as to whether to continue OF INTERNATIONAL AGREEMENT. The President of the United States will their active service or leave the mili- It is the sense of the Congress that the submit to Congress a draft bill implementing tary. I found myself talking to the very President should engage in negotiations on the provisions of any agreement that is ne- people who have faced the stress of and seek to conclude an international agree- gotiated no later than 60 calendar days after ment to eliminate trade in conflict diamonds entering into that agreement. these decisions; who have sat with their spouses and families and dis- as soon as possible. The system imple- SEC. 207. EFFECTIVE DATE. menting this agreement shall be transparent Title I will apply with respect to articles cussed whether to stay in the military and subject to independent verification and entered, or withdrawn from warehouse for or leave and seek a career outside the monitoring. Participants in such an agree- consumption, six months after the date of military. They were very frank and ment should include all countries that either enactment of this Act. Title II will take ef- candid in their discussions. export or import diamonds or diamond jew- fect on the date of enactment of this Act. One thing I learned is that, like elry. TITLE III—OTHER PROVISIONS many of us, enlisted service members SEC. 203. OVERALL NEGOTIATING OBJECTIVE OF share the goal of giving their children THE UNITED STATES AND ESSEN- SEC. 301. AUTHORIZATION OF APPROPRIATIONS. TIAL ELEMENTS OF AN INTER- Such sums as may be necessary are hereby better opportunities than they had. To NATIONAL AGREEMENT. authorized to be appropriated to implement a person, the Senior Enlisted Advisors (a) The overall negotiating objective of the the provisions of this Act, including such said that being able to provide edu- United States is to establish an effective sums as are necessary to assist the govern- cational opportunities for their fami- global certification system covering the ments of Sierra Leone and Angola to estab- lies is an important goal and would be major exporting and importing countries of lish and maintain a diamond certification a powerful retention tool. rough diamonds that will eliminate trade in system. My bill will provide enlisted service conflict diamonds. SEC. 302. SEVERABILITY. members in critical specialties, who (b) The elements of an effective global cer- If any provision of this Act or the applica- tification system for rough diamonds that tion of such provision to any person or cir- agree to serve a six-year term, re- the United States should seek in its negotia- cumstance is held invalid, it is the intent of sources that can be applied to cover tions are as follows: Congress that the remainder of this Act and the expenses of higher education for (1) Rough diamonds, when exported from application of such provision to other per- their families. Let me explain how this the country in which they were extracted, sons or circumstances will not be affected will work. must be sealed in a secure, transparent con- thereby. Service members, officers or enlisted, tainer or bag by appropriate government of- SEC. 303. GAO REPORT. in critical specialties, who reenlist or ficials of that country; (2) The sealed container described in para- The General Accounting Office shall report extend their service commitment for graph (1) must include a fully visible govern- to Congress on the effectiveness of this Act six years will receive United States ment document certifying the country of ex- no later than three years after the date of Savings Bonds that can be redeemed to traction and recording a unique export reg- enactment of this Act. cover educational expenses. When these istration number and the total carat weight By Mr. HUTCHINSON (for him- Savings Bonds are redeemed to cover of the rough diamonds enclosed; educational costs, the income, under (3) A database containing information de- self and Mr. WARNER): S. 789. A bill to amend title 37, the current tax code, is tax exempt. My scribed in paragraph (2) must be established bill does not modify the tax code. My for rough diamond exports in each exporting United States Code, to establish an country, including countries engaged in the education savings plan to encourage re- proposal will take advantage of current re-export of rough diamonds; enlistments and extensions of service tax law as it pertains to United States (4) No country may allow importation of by members of the Armed Forces in Savings Bonds used for educational rough diamonds unless they are sealed in a critical specialties, and for other pur- purposes. secure, transparent container that includes a Military personnel who have less poses; to the Committee on Armed fully visible document that states a unique than three years of service when they Services. export registration number for such con- reenlist or extend their commitment Mr. HUTCHINSON. Mr. President, tainer and the total carat weight of the will receive Savings Bonds with a face rough diamonds enclosed. The legitimacy of today I am introducing a bill that will value of $5,000. For those service mem- such document must be verified by elec- provide military personnel the ability bers who have between three and nine tronic or other reliable means with the data- to provide for the education of their years of service when they reenlist or base maintained in the country of export. spouses and children in return for their (5) Provisions shall be made for physical extend their commitment will receive commitment to continue to serve in inspection of sealed containers of rough dia- Savings Bonds with a face value of monds by appropriate authorities. the armed forces. $15,000. Those members with more than The purpose of this bill is to promote (6) Diamonds may be freely imported and nine years of service who reenlist or retention of members of the armed exported from a country that implements extend their commitment will receive and enforces a rough diamond certification forces in critical specialties by estab- Savings Bonds with a face value of system that contains the elements specified lishing a bonus savings plan that will in paragraphs (1) through (5), or a system $30,000. provide significant resources for meet- A Service Member who reenlists at that is its functional equivalent, provided ing the expenses encountered by serv- that the country of extraction need only be the two-year point and receives $5,000 specified when rough diamonds are exported ice members in providing for the edu- in Savings Bonds subsequently reen- from such country and need not be specified cation of members of their families. lists at the end of his six-year commit- when rough diamonds are exported from a I met with the Senior Enlisted Advi- ment—now with eight years of serv- country that implements and enforces such a sors of the four armed services and the ice—would receive an additional $10,000 rough diamond certification system. Coast Guard. These Senior Enlisted Ad- in Savings Bonds, for a total of $15,000. SEC. 204. CONSULTATIONS WITH CONGRESS. visors are the top enlisted person in This service member could reenlist The President of the United States shall their respective services. Their job is again at the conclusion of the second consult periodically with Congress in devel- to advise the Service Chief on matters six-year term,—now in his 14th year— oping and negotiating proposals for an inter- pertaining to enlisted personnel. These national agreement as described in sections and would receive an additional $15,000 202 and 203. experienced senior leaders are among for a career total of $30,000 in United the most significant resources avail- SEC. 205. REPORT TO CONGRESS. States Savings Bonds that can be used The President of the United States will able to the generals and admirals, and for educational purposes. All tax free. provide a written report to Congress no later those of us here in Congress, as we seek My bill will provide military per- than 180 days after enactment of this Act answers to questions on recruiting, re- sonnel the capability to provide for the and annually thereafter on the progress tention, and quality of life. These en- education of their spouses and children made towards concluding an international listed leaders know first-hand and fully while investing in America. agreement and the progress of the signato- understand the life, the demands on I am introducing this bill today to ries to that agreement in implementing it, and concerns of enlisted personnel in enhance the benefits President Bush including which countries are not imple- menting it and the effects of their actions on their services. announced at Fort Stewart, Georgia, trade in conflict diamonds. Each report shall In my meeting with the Senior En- on Monday. The President announced also describe any technological advances listed Advisors, I sought their insight that his budget will include $5.7 billion that permit determining a diamond’s origin, on what factors enlisted service mem- in additional benefits for military per- marking a diamond, and tracking it. bers consider when making that crit- sonnel; $1.4 billion to increase military

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S4007 pay and allowances; $3.9 billion for on active duty under an enlistment or other ‘‘(i) REGULATIONS.—This section shall be military health care; and $0.4 billion agreement for which a benefit has previously administered under regulations prescribed for improvements to military housing. been paid under this section. by the Secretary of Defense for the armed ‘‘(c) FORMS OF COMMITMENT TO ADDITIONAL These increases are much needed and forces under his jurisdiction and by the Sec- SERVICE.—For the purposes of this section, a retary of Transportation for the Coast Guard the announcement was enthusiasti- commitment means— when the Coast Guard is not operating as a cally received by the men and women ‘‘(1) in the case of an enlisted member, a service in the Navy.’’. at Fort Stewart, Georgia who know the reenlistment; and (2) The table of sections at the beginning of sacrifices they are required to make in ‘‘(2) in the case of a commissioned officer, such chapter is amended by adding at the service of their country. My bill en- an agreement entered into with the Sec- end the following new item: hances President Bush’s initiatives by retary concerned. ‘‘323. Incentive bonus: savings plan for edu- ‘‘(d) AMOUNTS OF BONDS.—The total of the providing educational opportunities cation and other contin- face amounts of the United States savings gencies.’’. that are unavailable today to the chil- bonds purchased for a member under this dren of military personnel. I will hold section for a commitment shall be as fol- (b) EFFECTIVE DATE.—Section 323 of title hearings later this year in the Armed lows: 37, United States Code (as added by sub- ‘‘(1) In the case of a purchase for a member section (a)), shall take effect on October 1, Services Committee to further develop 2001, and shall apply with respect to reenlist- each of these initiatives. under paragraph (1) of subsection (a), $5,000. ‘‘(2) In the case of a purchase for a member ments and other agreements for qualifying My bill furthers the educational op- service (described in that section) that are portunities for military families, in- under paragraph (2) of subsection (a), the amount equal to the excess of $15,000 over entered into on or after that date. creases military readiness by retaining the total of the face amounts of any United the highly-trained and experienced States savings bonds previously purchased By Mr. THURMOND: military personnel we need to continue for the member under this section. S. 791. A bill to amend the Federal to be the preeminent military force in ‘‘(3) In the case of a purchase for a member rules of Criminal Procedure; to the the world, and accomplished these under paragraph (3) of subsection (a), the Committee on the Judiciary. lofty goals by investing in America. I amount equal to the excess of $30,000 over Mr. THURMOND. Mr. President, I urge my colleagues to examine my bill the total of the face amounts of any United rise today to introduce the Video Tele- States savings bonds previously purchased and join Senator WARNER and I as co- conferencing Improvements Act. This for the member under this section. bill will expand the use of video tele- sponsors of this important initiative. ‘‘(e) TOTAL AMOUNT OF BENEFIT.—The total I ask unanimous consent that the amount of the benefit payable for a member conferencing in criminal court mat- text of the bill be printed in the when United States savings bonds are pur- ters, and promote a safer and more effi- RECORD. chased for the member under this section by cient federal court system. There being no objection, the bill was reason of a commitment by that member The federal courtroom, just like all ordered to be printed in the RECORD, as shall be the sum of— society, is benefiting from constant ad- follows: ‘‘(1) the purchase price of the United vances in technology today. Video tele- States savings bonds; and S. 789 conferencing is one example of this ‘‘(2) the amounts that would be deducted Be it enacted by the Senate and House of Rep- and withheld for the payment of individual movement. It allows proceedings to op- resentatives of the United States of America in income taxes if the total amount computed erate more efficiently and at lower Congress assembled, under this subsection for that commitment costs, while maintaining many of the SECTION 1. PURPOSE. were paid to the member as a bonus. benefits of communicating in person. It is the purpose of this Act to promote the ‘‘(f) AMOUNT WITHHELD FOR TAXES.—The The use of video teleconferencing is retention of members of the Armed Forces in total amount payable for a member under becoming increasingly common in fed- critical specialties by establishing a bonus subsection (e)(2) for a commitment by that eral district and appellate courts for savings plan that provides significant re- member shall be withheld, credited, and oth- sources for meeting the expenses encoun- erwise treated in the same manner as various proceedings, such as prisoner tered by the members in providing for the amounts deducted and withheld from the civil rights complaints and certain ap- education of the members of their families basic pay of the member. pellate matters. The state courts are and other contingencies. ‘‘(g) REPAYMENT FOR FAILURE TO COMPLETE also benefiting from video technology SEC. 2. EDUCATION SAVINGS PLAN FOR RE- OBLIGATED SERVICE.—(1) If a person fails to in many ways, including for pretrial ENLISTMENTS AND EXTENSIONS OF complete the qualifying service for which criminal proceedings. However, in fed- SERVICE IN CRITICAL SPECIALTIES. the person is obligated under a commitment eral court, the use of this technology (a) ESTABLISHMENT OF SAVINGS PLAN.—(1) for which a benefit has been paid under this Chapter 5 of title 37, United States Code, is section, the person shall refund to the in criminal matters is almost non- amended by adding at the end the following United States the amount that bears the existent because the federal rules ap- new section: same ratio to the total amount paid for the parently require the defendant’s phys- ‘‘§ 323. Incentive bonus: savings plan for edu- person (as computed under subsection (e)) for ical presence in court. cation expenses and other contingencies that particular commitment as the This legislation would amend the uncompleted part of the period of qualifying ‘‘(a) BENEFIT AND ELIGIBILITY.—The Sec- Federal Rules of Criminal Procedure to retary concerned shall purchase United service bears to the total period of the quali- allow the judge to hold pretrial pro- States savings bonds under this section for a fying service for which obligated. ‘‘(2) Subject to paragraph (3), an obligation ceedings, including the defendant’s ar- member of the armed forces who is eligible to reimburse the United States imposed raignment and initial appearance, as follows: under paragraph (1) is for all purposes a debt through video teleconferencing. It ‘‘(1) A member who, before completing owed to the United States. would also allow for the sentencing to three years of service on active duty, enters ‘‘(3) The Secretary concerned may waive, into a commitment to perform qualifying occur in this manner in special, limited in whole or in part, a refund required under circumstances. service. paragraph (1) if the Secretary concerned de- ‘‘(2) A member who, after completing three termines that recovery would be against eq- Today, some districts have extremely years of service on active duty but not more uity and good conscience or would be con- high volumes of criminal cases that than nine years of service on active duty, en- trary to the best interests of the United they must process. This is especially ters into a commitment to perform quali- States. true in the Border States, where the fying service. ‘‘(4) A discharge in bankruptcy under title number of immigrants who are caught ‘‘(3) A member who, after completing nine 11 that is entered less than five years after crossing the Mexican Border or com- years of service on active duty, enters into a the termination of an enlistment or other mitting crimes in the United States commitment to perform qualifying service. agreement under this section does not dis- ‘‘(b) QUALIFYING SERVICE.—For the pur- charge the person signing such reenlistment has skyrocketed and continues to rise. poses of this section, qualifying service is or other agreement from a debt arising under This creates a great burden and ex- service on active duty in a specialty des- the reenlistment or agreement, respectively, pense on the Marshals Service, which ignated by the Secretary concerned as crit- or this subsection. must transport the prisoners, often for ical to meet requirements (whether such spe- ‘‘(h) RELATIONSHIP TO OTHER SPECIAL very long distances from the holding cialty is designated as critical to meet war- PAYS.—The benefit provided under this sec- facility to a far away courthouse. This time or peacetime requirements) for a period tion is in addition to any other bonus or in- that— centive or special pay that is paid or payable type of transportation in creases the ‘‘(1) is not less than six years; and to a member under any other provision of possibility for escape and can create a ‘‘(2) does not include any part of a period this chapter for any portion of the same security risk for law enforcement, for which the member is obligated to serve qualifying service. court personnel, and the public.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4008 CONGRESSIONAL RECORD — SENATE April 26, 2001 Pretrial proceedings are often very There being no objection, the bill was lem. Specifically, the FTC found that short and routine. If they can be con- ordered to be printed in the RECORD, as the movie, music, and video game in- ducted through video, the inmates can follows: dustries had been routinely and aggres- stay at the secure facility, greatly de- S. 791 sively targeting the sale of heavily-vio- creasing risk and costs. If Marshals Be it enacted by the Senate and House of Rep- lent, adult-rated products to children. could spend less time on other duties, resentatives of the United States of America in Some companies were going so far as to such as apprehending dangerous fugi- Congress assembled, conduct focus groups for R-rated slash- tives from justice. Moreover, this proc- SECTION 1. SHORT TITLE. er films with 9- and 10-year olds and to ess would help the courts efficiently This Act may be cited as the ‘‘Video Tele- pass out promotional materials for manage their increasing caseloads. conferencing Improvements Act of 2001’’. other violent R-rated movies at Camp- Similarly, I believe that video tele- SEC. 2. AUTHORIZATION OF VIDEO TELECONFER- fire Girl meetings and Boys and Girls ENCING FOR THE INITIAL APPEAR- Clubs. conferencing could be very important ANCE. for sentencing defendants in certain This report engendered a lot of out- Rule 5 of the Federal Rules of Criminal rage, and with good reason. These in- limited circumstances. This is espe- Procedure is amended by adding at the end cially true when there is a safety or se- dustries were making a mockery of the the following: ratings systems that they had created curity risk in transporting the prisoner ‘‘(d) VIDEO TELECONFERENCING.—Video tele- and promoted. They were also making to the courthouse. conferencing may be used to conduct an ap- pearance under this rule.’’. an end run around America’s parents, For example, in an ongoing case in in effect cutting out the middle mom South Carolina, a dangerous repeat of- SEC. 3. AUTHORIZATION OF VIDEO TELECONFER- ENCING FOR THE ARRAIGNMENT. and dad to target violent, harmful ma- fender was sentenced to a long prison Rule 10 of the Federal Rules of Criminal terials directly to children. The report term at the maximum security federal Procedure is amended— also generated a number of promises prison in Florence, Colorado. However, (1) by striking ‘‘Arraignment’’ and insert- from the offending industries to change the court of appeals required that he be ing ‘‘(a) IN GENERAL.—Arraignment’’; and their ways and strengthen their self- sentenced again. The Federal Bureau of (2) by adding at the end the following: regulatory programs. Prisons considered him a danger to ‘‘(b) VIDEO TELECONFERENCING.—Video tele- This week, the FTC released a follow- transport. He had a long history of psy- conferencing may be used to arraign a de- fendant.’’. up report to evaluate how well the en- chiatric problems and violent behavior, tertainment industry has done in keep- including repeatedly assaulting prison SEC. 4. AUTHORIZATION OF VIDEO TELECONFER- ENCING FOR CERTAIN PRO- ing its promises, and there was some guards and other inmates. In this case, CEEDINGS. encouraging news. The FTC found in he had even threatened the sentencing Rule 43 of the Federal Rules of Criminal their snapshot survey that the movie judge and the Assistant U.S. Attorney. Procedure is amended— and video game industries had made Rather than transporting the prisoner (1) in subsection (a), by striking ‘‘The’’ and real progress in limiting their adver- back to South Carolina, the judge re- inserting ‘‘Except as otherwise provided in tising in popular teen venues and in sentenced him by video teleconfer- this rule, Rule 5, or Rule 10, the’’; providing more rating information in (2) in subsection (c)— encing. However, the case is now on ap- their marketing. peal, and there is legal precedent not (A) in paragraph (3), by striking ‘‘or’’ at the end; Other independent analyses show allowing this practice. In my view, (B) in paragraph (4), by striking the period similarly encouraging results. Ad reve- there is simply no reason why a judge at the end and inserting ‘‘; or’’; and nues for R-rated films on MTV are ap- should be prohibited from sentencing (C) by adding at the end the following: parently declining. Disney, Warner by video in these circumstances. ‘‘(5) when— Brothers, and Fox have pledged not to This legislation is not an attempt to ‘‘(A) the proceeding is the sentencing hear- market R-rated movies to children. eliminate criminal defendants from ap- ing; and And several other studios have decided pearing in person before the judge. De- ‘‘(B)(i) the defendant, in writing, waives against making or distributing heav- the right to be present in court; or ily-violent movies that were once regu- fendants would still be in court for all ‘‘(ii) the court finds, for good cause shown phases of the trial, which this bill in exceptional circumstances and upon ap- larly targeted at kids. would not effect. In fact, criminal propriate safeguards, that communication I appreciate these steps, which may trials must be conducted in person be- with a defendant (who is not physically well result in reduced revenues for cause the accused has the constitu- present before the court) by video teleconfer- some of these companies, and which tional right to confront the witnesses encing is an adequate substitute for the show that our government can work on against him. Further, even with these physical presence of the defendant.’’. behalf of parents to prod the entertain- changes, the judge would maintain the SEC. 5. EFFECTIVE DATE. ment industry to draw some lines to authority to hold any pretrial or sen- This Act, and the amendments made by protect our children without approach- tencing proceeding in person if he this Act, shall apply to a criminal complaint ing censorship. filed after the date of enactment of this Act. wished. This bill would simply give him But much as I appreciate this the authority to conduct certain rou- progress, I cannot really give a full- By Mr. LIEBERMAN (for himself, blow hooray for Hollywood, because tine matters, other than the trial, Mr. KOHL, Mrs. CLINTON, and through video teleconferencing. the FTC report makes clear that this Mr. BYRD): problem has not been solved. Some The Rules Committee of the Judicial S. 792. A bill to prohibit the targeted video game makers and movie studios, Conference has been considering this marketing to minors of adult-rated including those that have pledged not video technology for some time, and re- media as an unfair or deceptive prac- to unfairly target kids, are still adver- cently proposed some of the specific tice, and for other purposes; to the tising adult-rated products in places changes that are included in this legis- Committee on Commerce, Science, and popular with young teens. And the lation. I hope they will provide judges Transportation. leading music companies and their discretion to conduct pretrial pro- Mr. LIEBERMAN. Mr. President, I trade group, the RIAA, have sadly been ceedings by video teleconference, and rise today to join with Senators KOHL, MIA, doing little if anything to re- go even further than the formal pro- CLINTON, and BYRD today in intro- spond to the FTC report and curb the posals that they have considered to ducing legislation to stop the enter- marketing of obscenity-laced records date. tainment industry from deceptively to kids. My legislation will help eliminate marketing adult-rated material to I am also concerned about the future. legal impediments to the reasonable children, legislation that hopefully will The FTC rightly recommended that the use of video teleconferencing and help make the hard job of raising kids in to- lasting solution to this problem is re- courts take advantage of new tech- day’s culture a little easier for Amer- sponsible self-regulation, specifically, nology. These reforms are needed ica’s parents. uniform policies adopted by the enter- today. As my colleagues may recall, Federal tainment industry prohibiting the tar- I ask unanimous consent that the Trade Commission released a geting of adult-rated material to chil- text of the bill be printed in the groundbreaking report last fall docu- dren and meaningful sanctions to en- RECORD. menting the seriousness of this prob- force those standards. Unfortunately,

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KETING TO MINORS OF ADULT- RATED MEDIA AS UNFAIR OR DECEP- no permanent mechanism of account- (2) Children, and especially teenagers, spend a large amount of time listening to TIVE PRACTICE. ability for the movie and music indus- (a) IN GENERAL.—The targeted advertising music, seeing movies, and playing video tries, no ongoing norm or standard or other marketing to minors of an adult- games. Specifically: that says it is wrong to market adult- rated motion picture, music recording, or (A) Children ages 8 through 13 spend ap- electronic game, in or affecting commerce, rated material to children. And I fear proximately 3 hours per week in a movie the- that the competitive pressures in these shall be treated as a deceptive act or prac- ater, on average. In addition, 62 percent of tice within the meaning of section 5 of the markets are so intense that they will children ages 9 through 17 spent an average Federal Trade Commission Act (15 U.S.C. 45), once again lead companies to do ex- of 52 minutes per day watching video tapes. and is hereby declared unlawful. actly that once the scrutiny goes away. (B) 82 percent of children play video games, (b) TREATMENT AS TARGETED ADVERTISING That is why I feel we must go forward and do so for 33 minutes per day, on average. OR MARKETING TO MINORS.—For purposes of with a legislative response. The bill we (C) Children ages 14 through 18 listen to this section, the advertising or other mar- are introducing today would provide a music approximately 21⁄2 hours per day on keting of an adult-rated motion picture, narrowly-tailored shield to help pro- average. music recording, or electronic game shall be (3) Teenagers spend tens of millions of dol- treated as targeted advertising or other mar- tect our children from this kind of un- keting of such product to minors if— fair and unhealthy targeting. It would lars annually on movies, music, and video games, making them a highly valuable de- (1) the advertising or marketing— treat the marketing of adult-rated mographic group to the producers and dis- (A) is intentionally directed to minors; or movies, music recordings, and video tributors of entertainment products. (B) is presented to an audience of which a substantial proportion is minors; or games to children like any other decep- (4) Media violence can be harmful to chil- (2) the Commission determines that the ad- tive act that harms consumers, and dren. Most scholarly studies on the impact of vertising or marketing is otherwise directed give the FTC the same authority it has media violence find a high correlation be- or targeted to minors. under the current false and deceptive tween exposure to violent content and ag- SEC. 102. SAFE HARBOR. gressive or violent behavior. Additional stud- advertising laws to bring actions (a) IN GENERAL.—The advertising or other against companies that engage in de- ies find a high correlation between exposure marketing to minors of an adult-rated mo- ceptive practices. In particular, it to violent content and a desensitization to tion picture, music recording, or electronic would give the FTC the authority to and acceptance of violence in society. game shall not be treated as targeted adver- (5) On September 11, 2000, the Federal tising or other marketing to minors, for pur- penalize companies that violate this Trade Commission reported that companies provision with civil fines of up to poses of section 101, if the producer or dis- in the music, movie, and video game indus- tributor responsible for the advertising or $11,000 per offense. tries routinely target children under age 17 marketing adheres to a voluntary self-regu- Some will claim this is censorship. in the advertisement of adult-rated products. latory system with respect to such product But the truth is we’re not empowering Specifically: that satisfies the criteria under subsection the FTC to regulate content in any (A) The Commission found that 80 percent (b) and is subject to the sanctions referred to way or even to make judgments about of the R-rated movies studied had been tar- in subsection (b)(3). what products are appropriate for chil- geted to children. In addition, marketing (b) CRITERIA.—The Federal Trade Commis- dren. We are simply saying that if you plans for 64 percent of the R-rated movies sion shall, by rule, establish the criteria re- studied explicitly mentioned children under ferred to in subsection (a). Under such cri- voluntarily label a product as being un- teria, a voluntary self-regulatory system suitable for kids, and then turn around age 17 as part of the target audience. (B) The Commission found that all mar- shall include the following elements: and market it in a way that directly (1) An age-based rating or labeling system keting plans for music recordings with ex- for the product in question. contradicts that rating, you should be plicit content labels either explicitly men- (2) For all products that are rated or la- held accountable, just like any other tioned children under age 17 as part of the beled as adult-rated under such system— company that misleads consumers. target audience or called for ad placement in That’s not censorship, that’s common (A) prohibitions on the targeted adver- media that would reach a majority or sub- tising or other marketing to minors of such sense. stantial percentage of children under age 17. products; and The bottom line here is that the (C) The Commission found that 70 percent (B) other policies to restrict, to the extent First Amendment is not a license to of Mature-rated video games studied were feasible, the sale, rental, or viewing to or by deceive. And this legislation translates targeted to children under age 17, and 51 per- minors of such products. that important principle into policy. It cent explicitly mentioned children under age (3) Procedures, including sanctions for non- says to the people who run the enter- 17 as part of the target audience. Addition- complying producers and distributors, meet- tainment industry that they cannot ally, the Commission found that 91 percent ing such requirements as the Commission in- of the video game manufacturers studied had cludes in such criteria in order to assure have it both ways. They cannot label at one time expressly identified children compliance with the prohibitions and other their products for adults and target under age 17 as the core, primary, or sec- policies referred to in paragraph (2). them to kids. And they cannot con- ondary audience of an M-rated game. SEC. 103. REGULATIONS. tinue to undermine their ratings and (6) To correct this problem, the Commis- (a) IN GENERAL.—The Federal Trade Com- undercut the authority of parents. sion called on these industries to adopt vol- mission shall prescribe rules that define with I ask my colleagues today on both untary, uniform policies expressly prohib- specificity the acts or practices that are de- sides of the aisle for their support on iting these practices and to enforce these ceptive acts or practices under section 101. this bill and the ongoing effort to help policies with real sanctions for violations. (b) IN PARTICULAR.—The rules under sub- section (a)— protect their children from harmful (7) To date, as the Commission noted in a follow-up report released on April 24, 2001, (1) shall specify criteria for determining media messages. I thank the chair, and whether or not an audience is comprised of a ask unanimous consent that my state- only the video game industry has agreed to adopt such a marketing code. The Commis- substantial proportion of minors for pur- ment and bill be included in the sion also noted that, despite some encour- poses of section 101(b)(1)(B); and (2) may include requirements for the pur- RECORD. aging changes in behavior since the release pose of preventing acts or practices that are There being no objection, the bill was of the Commission’s original report in 2000, a deceptive acts or practices under section 101. ordered to be printed in the RECORD, as number of companies in all three industries follows: have nevertheless continued to market SEC. 104. MATTERS RELATING TO REGULATIONS. (a) IN GENERAL.—The Federal Trade Com- S. 792 adult-rated products in venues popular with mission shall prescribe rules under sections Be it enacted by the Senate and House of Rep- children. 102 and 103 in accordance with the provisions resentatives of the United States of America in (8) Because the entertainment industry of section 553 of title 5, United States Code. Congress assembled, continues to target its advertising of adult- (b) TIME LIMIT.—The Commission shall pre- SECTION 1. SHORT TITLE. rated products to children, there is need for scribe the regulations required under sec- This Act may be cited as the ‘‘Media Mar- narrowly targeted legislation to prohibit, as tions 102 and 103(b)(1) not later than 12 keting Accountability Act of 2001’’. a false and deceptive trade practice, the tar- months after the date of the enactment of SEC. 2. FINDINGS. geting of children in the advertisement and this Act. Congress makes the following findings: other marketing of products rated for adults, SEC. 105. ENFORCEMENT. (1) Children have easy access to a variety and to authorize the Federal Trade Commis- (a) IN GENERAL.—This title shall be en- of media and entertainment options without sion to stop these practices. forced by the Federal Trade Commission

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under the provisions of the Federal Trade or rented on compact disk, tape cassette, (2) ELEMENTS.—Each report under para- Commission Act (15 U.S.C. 41 et seq.). vinyl record, music video, or other tangible graph (1) shall include— (b) ACTIONS BY COMMISSION.— medium or by any electronic or on-line me- (A) a description of the study conducted (1) IN GENERAL.—The Commission shall dium by which the right to hear a specified under subsection (a) during the period cov- prevent any person from violating section work of music is purchased, except that such ered by the report; 101, or a rule of the Commission under sec- term shall not include anything shown on (B) any findings and recommendations of tion 103, in the same manner, by the same broadcast television or cable television. the Commission arising out of the study as means, and with the same jurisdiction, pow- SEC. 107. EFFECTIVE DATE. of the end of that period; and ers, and duties as though all applicable This title shall take effect 90 days after the (C) the identification of the particular pro- terms and provisions of the Federal Trade date of the enactment of this Act. ducers and distributors, if any, engaged in Commission Act were incorporated into and TITLE II—OTHER MATTERS advertising or other marketing practices rel- made a part of this title. SEC. 201. STUDY OF MARKETING PRACTICES OF evant to such findings and recommendations. (2) PARTICULAR RULES.—A rule prescribed ENTERTAINMENT INDUSTRIES RE- (f) DEFINITIONS.—In this section, the terms under section 103(b)(1) shall be treated as a GARDING ADULT-RATED MATERIALS. ‘‘adult-rated’’, ‘‘electronic game’’, ‘‘motion rule prescribed under section 18(a)(1)(B) of (a) IN GENERAL.—The Federal Trade Com- picture’’, ‘‘music recording’’, and ‘‘minor’’ the Federal Trade Commission Act (15 U.S.C. mission shall conduct a study of the adver- have the meanings given those terms in sec- 57a(a)(1)(B)), and any violation of a rule pre- tising and other marketing practices of the tion 106. scribed under such section 103 shall be treat- motion picture industry, music recording in- SEC. 202. SEPARABILITY. ed as a violation of a rule respecting unfair dustry, and electronic game industry regard- If any provision of this Act, or the applica- or deceptive acts or practices under section 5 ing adult-rated motion pictures, music re- tion of such provision to any person, part- of the Federal Trade Commission Act (15 cordings, and electronic games. nership, corporation, or circumstance, is U.S.C. 45). (b) MATTERS TO BE STUDIED.—In con- held invalid, the remainder of this Act, and (3) RIGHTS AND LIABILITIES OF PARTIES.— ducting the study under subsection (a), the the application of such provision to any Any person or entity that violates section Commission may examine— other person, partnership, corporation, or 101, or a rule of the Commission under sec- (1) whether and to what extent the indus- circumstance, shall not be affected thereby. tion 103, shall be subject to the penalties, tries referred to in that subsection direct to Mr. KOHL. Mr. President, I rise and entitled to the privileges and immuni- minors the advertising and marketing of today with my colleague Senator LIE- ties, provided in the Federal Trade Commis- adult-rated materials, including— BERMAN to introduce the Media Mar- sion Act in the same manner, by the same (A) whether such materials are advertised means, and with the same jurisdiction, pow- or promoted in media outlets in which mi- keting Accountability Act of 2001. For ers, and duties as though all applicable nors are present in substantial numbers or too long, the entertainment industry terms and provisions of that Act were incor- comprise a substantial percentage of the au- has drawn a bullseye on our children’s porated into and made a part of this title. dience; and backs, targeting them with violent (c) EFFECT ON OTHER LAWS.—Nothing in (B) whether such industries use other mar- video games, movies and music. Media this title shall be construed to limit the au- keting practices designed to attract minors thority of the Commission under any other violence has a clear and dangerous ef- to such materials; provision of law. fect on our children, and it must be (2) whether and to what extent retail mer- SEC. 106. DEFINITIONS. curbed. chants, movie theaters, or others who engage Last fall’s Federal Trade Commission In this title: in the sale or rental for a fee of products of (1) ADULT-RATED.—The term ‘‘adult-rated’’, such industries— report confirmed some of our worst in the case of a motion picture, music re- (A) have policies to restrict the sale, rent- fears. It found that more than 70 per- cording, or electronic game, means a rating al, or viewing to or by minors of adult-rated cent of movie, video game and music or label voluntarily assigned by the producer materials; and companies aggressively marketed their or distributor of such product, including a (B) have procedures to ensure compliance violent, adult-rated products to chil- rating or label assigned pursuant to an in- with such policies; dustry-wide rating or labeling system, which dren. And while this week’s report (3) whether and to what extent such indus- rating or label— showed some meaningful progress, the tries require, monitor, or encourage the en- (A) indicates or signifies that— ‘‘snapshot’’ it took didn’t exactly re- forcement of their voluntary rating or label- (i) such product is or may be appropriate veal a pretty picture. Last fall, Senator ing systems by industry members, retail or suitable only for adults; or merchants, movie theaters, or others who LIEBERMAN and I pledged not to sit by (ii) access to such product by minors engage in the sale or rental for a fee of the idly. Today we’re here to make good on should be restricted; or products of such industries; our promise. (B) in the case of a music recording, ad- (4) whether and to what extent such indus- This legislation is simple. It targets vises or signifies that such product may con- tries engage in activities to educate the pub- the worst behavior. The entertainment tain explicit content, including strong lan- lic in the existence, use, or efficacy of their guage or expressions of violence, sex, or sub- industry won’t be able to speak out of voluntary rating or labeling systems; and stance abuse. both sides of their mouths anymore, (5) whether and to what extent the policies (2) MINOR.—The term ‘‘minor’’ means an saying that a product is harmful to and procedures referred to in paragraph (2), individual below the age established under children, but then luring them into the any activities referred to in paragraphs (3) the rating or labeling system in question to theaters or stores to see it or buy it. and (4), and any other activities of such in- be an appropriate audience for adult-ori- dustries are effective in restricting the ac- This bill gives the Federal Trade Com- ented material, but in no event includes an cess of minors to adult-rated materials. mission the authority it needs to go individual 17 years of age or older. If no spe- (c) FACTORS IN DETERMINATION.—In deter- after the bad actors who try to mislead cific age is so established under the rating or mining whether the products of an industry labeling system in question, the term means our families and our children. are adult-rated for purposes of subsection Let me be a little more specific about an individual less than 17 years of age. (b), the Commission shall use the voluntary (3) ADULT.—The term ‘‘adult’’ means an in- what the bill does. This legislation industry rating or labeling system of the in- gives the FTC the authority to pros- dividual who is no longer a minor. dustry, both as in effect on the date of the (4) ELECTRONIC GAME.—The term ‘‘elec- enactment of this Act and as modified after ecute entertainment companies for de- tronic game’’ means any interactive enter- that date. ceptive trade practices if they target tainment software, including any computer (d) AUTHORITIES.—In conducting the study adult-rated entertainment to children. game, video game, or on-line game, sold or under subsection (a), the Commission may This legislation doesn’t create a whole rented on any tangible medium or by any use its authority under section 6(b) of the new structure of rules and punish- electronic or on-line medium by which the Federal Trade Commission Act (15 U.S.C. ments; it simply adds this bad behavior right to play a specified interactive-enter- 46(b)) to require the filing of reports or an- tainment-software product is purchased. swers in writing to specific questions, as well by entertainment companies to a list (5) MOTION PICTURE.—The term ‘‘motion as to obtain information, oral testimony, of misconduct that the FTC already picture’’ means any theatrical motion pic- documentary material, or tangible things. has the power to punish. ture shown in a commercial theater or sold (e) REPORTS.— But the bill also rewards companies or rented by videotape, digital recording, or (1) REQUIREMENT.—The Commission shall for good behavior. It includes a safe other tangible medium or by any electronic submit to Congress and the public two re- harbor which shields companies from or on-line medium by which the right to play ports on the study under subsection (a), as prosecution if they already abide by a an individual theatrical motion picture is follows: self-regulatory system that includes an purchased, except that such term shall not (A) An initial report, not later than two include anything shown on broadcast tele- years after the date of the enactment of this age-based rating system, prohibits the vision or cable television. Act. marketing of adult rated material to (6) MUSIC RECORDING.—The term ‘‘music re- (B) A final report, not later than six years children, and punishes for non-compli- cording’’ means any recording of music sold after that date. ance. Finally, the legislation calls for

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S4011 two additional studies by the FTC over into effect. This decision was a major SEC. 2. NOTICE CONCERNING RISKS POSED BY the next six years. blow to public health in this country. ARSENIC IN DRINKING WATER. Let me give you a concrete example Arsenic causes lung cancer, skin can- Part F of the Safe Drinking Water Act (42 U.S.C. 300j–21 et seq.) is amended by adding of the type of behavior this bill aims to cer, and bladder cancer. We know that at the end the following: prohibit. Last fall’s report uncovered a if you drink water at the current ‘‘SEC. 1466. NOTICE CONCERNING RISKS POSED film industry practice of including standard for arsenic you have a 1 in 100 BY ARSENIC IN DRINKING WATER. young children in the test groups for chance of getting cancer. The Bush Ad- ‘‘(a) IN GENERAL.—A consumer confidence R-rated films. Studios asked ten-year- ministration has decided that we can report prepared by a community water sys- olds to explain what they like about a wait, despite mountains of scientific tem under section 141.154 of title 40, Code of violent, R-rated movie, and then the evidence on the serious health threat Federal Regulations (or a successor regula- studio used the feedback to tailor their posed by arsenic. By suspending the tion), shall include a short educational state- advertising campaign to lure young- new arsenic standard, the President is ment concerning arsenic that— preventing communities from getting ‘‘(1) uses language such as the following: sters into the theaters. We all agree ‘While your drinking water meets EPA’s this behavior is just plain wrong, and it started on the upgrades they need to make to their drinking water systems. standard for arsenic, it does contain arsenic. is this kind of behavior that our legis- EPA’s standard is based not only on the pos- lation will penalize. This is unacceptable, and I am a co- sible health effects of arsenic, but also on Our bill does not touch the content sponsor of legislation that would re- the costs of removing arsenic from drinking produced by the industry, it simply store the 10 parts per billion standard. water. EPA continues to research the health targets specific, egregious behavior. Another consequence of the Bush Ad- effects of arsenic ingestion, which is a min- After all, no one is saying that the en- ministration’s decision to suspend the eral known to cause cancer in humans at tertainment industry doesn’t produce new rule for arsenic has received less high concentrations and is linked to other attention but is also very important. health effects such as skin damage and cir- high-quality and important products. The suspended rule contained provi- culatory problems.’; or But we all agree that not every product sions on the public’s right to know ‘‘(2) uses substantially similar language de- is appropriate for children, and the what level of arsenic is in its drinking veloped by the community water system in Federal Government has a legitimate consultation with the State agency having water and what the possible health ef- jurisdiction over safe drinking water mat- interest in protecting children, a vul- fects may be. The suspended rule re- nerable audience, from being targeted ters. quires notice to consumers containing ‘‘(b) APPLICABILITY.—Subsection (a) applies with violent and vulgar content that very specific information on the health the industry itself has identified as in- to any community water system that— risks posed by arsenic. This notice ‘‘(1) is required to prepare and deliver con- appropriate. Our narrowly tailored leg- would have been required at 5 parts per sumer confidence reports under subpart O of islation will help protect children and billion. This is less than the maximum title 40, Code of Federal Regulations (or a families from this kind of deception. level permitted in drinking water, but successor regulation); and Finally, our bill should not discour- is necessary because there is still a ‘‘(2)(A) with respect to a report required to age the entertainment industry from risk posed by arsenic at this level. be delivered under that subpart not later rating its products. To begin with, I believe that the public has a right than July 1, 2001, detects arsenic in the drinking water provided by the community companies that are already regulating to know if there is an environmental themselves effectively will qualify for water system at a level that is above 0.025 threat in their community. If the pub- milligrams per liter but below the maximum protection under our safe harbor. The lic is fully informed about environ- contaminant level; and industry’s threat to alter or eliminate mental threats, they may have the op- ‘‘(B) with respect to a report required to be their rating systems is as irresponsible portunity to avoid them. So, today I delivered under that subpart after July 1, to families as the behavior we’re trying am introducing the ‘‘Community Right 2001, detects arsenic in the drinking water to prohibit with this measure. But be- to Know Arsenic Risk Act.’’ provided by the community water system at yond that, enactment of this legisla- My bill would restore the require- a level that is above 0.005 milligrams per tion would not translate to constant ments in the suspended rule on the liter but that is equal to or below the max- legal action against the entertainment public’s right to know. It would ensure imum contaminant level.’’. industry. The Federal Trade Commis- that notice is given at the 5 parts per f sion would only prosecute those com- billion level. STATEMENTS ON SUBMITTED The level of arsenic found in drinking panies who have clearly and flagrantly RESOLUTIONS targeted children with adult-rated ma- water in many communities poses a se- terial. As long as companies advertise rious risk to public health. I am espe- their adult-rated products to a logical cially concerned about the most vul- SENATE RESOLUTION 76—CON- target audience, they should have no nerable members of the community, in- GRATULATING THE EAGLES OF concern about this legislation. cluding children, the elderly, and AIDS BOSTON COLLEGE FOR WINNING or cancer patients, to name a few. I am THE 2001 MEN’S ICE HOCKEY committed to full disclosure to con- By Mrs. BOXER (for herself, Mr. CHAMPIONSHIP. REID, Mr. LIEBERMAN, Mrs. sumers of both the levels of arsenic in CLINTON, Mr. CORZINE, Mr. KEN- drinking water and the possible health Mr. KENNEDY (for himself and Mr. NEDY, and Mr. WELLSTONE): effects. Drinking water that may meet KERRY) submitted the following resolu- S. 796. A bill to amend the Safe federal standards still may pose health tion; which was considered and agreed Drinking Water Act to ensure that risks that should be known to the con- to: drinking water consumers are informed sumer. This is certainly the case with S. RES. 76 about the risks posed by arsenic in arsenic. The consumer should have the Whereas the Boston College Eagles men’s drinking water, to the Committee on right to choose alternative water ice hockey team had a remarkable season, Environment and Public Works. sources or to seek tighter standards. concluding by defeating the tenacious Fight- Mrs. BOXER. Mr. President, we have This is a minimum requirement. I en- ing Sioux of the University of North Dakota had the same 50 parts per billion stand- courage my colleagues to co-sponsor 3–2 in overtime. Whereas the victory by the Boston College ard for arsenic in our drinking water this legislation and I ask unanimous consent that the text of the bill be Eagles marked the first national champion- since 1942. Since then, study after ship in ice hockey for Boston College since study has confirmed that this level of printed in the RECORD. There being no objection, the bill was 1949; arsenic in our drinking water is unsafe. Whereas the championship victory con- ordered to be printed in the RECORD, as After decades of review, a final drink- cluded a brilliant season for Boston College follows: ing water standard was finally set to in which the team compiled a record of 33 S. 796 go into effect in March of this year. wins, eight loses, and two ties; The new standard would have required Be it enacted by the Senate and House of Rep- Whereas the winning overtime goal for resentatives of the United States of America in Boston College by Krys Kolanos produced no more than 10 parts per billion ar- Congress assembled, the victory; senic in drinking water. SECTION 1. SHORT TITLE. Whereas coach Jerry York, who grew up in Unfortunately, the Bush Administra- This Act may be cited as the ‘‘Community Watertown, Massachusetts and starred on tion stopped this new rule from going Right-to-Know Arsenic Risk Act’’. the 1967 Boston College team, deserves great

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4012 CONGRESSIONAL RECORD — SENATE April 26, 2001 credit for taking the Boston College Eagles [From the Boston College Chronicle, Apr. 12, lution; which was considered and to the ‘‘Frozen Four’’ NCAA finals for the 2001] agreed to: past four years; ‘‘EAGLES RULE ROOST—UNIVERSITY CELE- S. RES. 77 BRATES HOCKEY TEAM’S NCAA FROZEN Whereas eleven players on the Boston Col- Whereas, the Permanent Subcommittee on FOUR TRIUMPH’’ lege Eagles team grew up in Massachusetts Investigations of the Committee on Govern- or played high school hockey in the state; (By Sean Smith) mental Affairs has been conducting an inves- Whereas the Eagles victory was also made On a glorious spring day, the Boston Col- tigation into the use of correspondent bank- possible by goals by Chuck Kobasew and lege community paid tribute Monday after- ing for purposes of money laundering; Mike Lephart, and by goalie Scott noon to its men of winter. Whereas, the Subcommittee has received a Clemmensen, who played a magnificent A jubilant crowd of well-wishers and spe- number of requests from law enforcement of- game by making 34 saves for the Eagles. cial guests—including Gov. Paul Cellucci, ficials, legislative bodies, regulatory agen- ’70, JD ’73, and Boston Mayor Thomas cies, and court-appointed officials for access Whereas the Boston College Eagles are fly- Menino—packed Conte Forum to honor the to records of the Subcommittee’s investiga- ing high after winning the 2001 National Col- national champion Eagles hockey team, tion; legiate Athletic Association Men’s Ice Hock- which won the National Collegiate Athletic Whereas, by the privileges of the Senate of ey Championship: now, therefore, be it Association ‘‘Frozen Four’’ tournament Sat- the United States and Rule XI of the Stand- Resolved, That the Senate commends the urday night with a 3–2 overtime victory over ing Rules of the Senate, no evidence under Eagles of Boston College for winning the 2001 defending champion North Dakota in Al- the control or in the possession of the Senate National Collegiate Athletic Association bany, NY. can, by administrative or judicial process, be Men’s Ice Hockey Championship. BC has a 2–0 lead late in the third period taken from such control or possession but by before North Dakota rallied to tie. Krys permission of the Senate; Mr. KENNEDY. Mr. President, on Kolanos, ’04, scored less than five minutes Whereas, when it appears that evidence April 7, the Boston College Eagles Ice into the extra period to notch the win, giv- under the control or in the possession of the Hockey Team defeated the Fighting ing the Eagles their second NCAA hockey Senate is needed for the promotion of jus- Sioux of the University of North Da- championship, and first in 52 years. tice, the Senate will take such action as will Freshman Chuck Kobasew—named the promote the ends of justice consistent with kota 3–2 in overtime to win the NCAA Frozen Four Most Outstanding Player—and national championship. The victory the privileges of the Senate: Now, therefore, senior Mike Lephart each scored in the sec- be it marked the first national champion- ond period for BC’s other goals. Resolved, That the Chairman and Ranking ship in ice hockey for Boston College WEEL–AM sports announcer Ted Sarandis Minority Member of the Permanent Sub- since 1949, and all of us in Massachu- served as master of ceremonies at Monday’s committee on Investigations of the Com- setts are proud of them for their out- celebration, where small children in kid- mittee on Governmental Affairs, acting standing season. sized BC hockey shirts cheered the cham- jointly, are authorized to provide to law en- pions alongside elderly alumni and current forcement officials, legislative bodies, regu- An overtime goal for Boston College students in maroon and gold regalia. One latory agencies, and other entities or indi- by Krys Kolanos produced the victory alumnus in the crowd received special no- viduals duly authorized by federal, state, or and made up for last year’s 4–2 defeat tice: James Fitzgerald, ’49, who scored the foreign governments, records of the Sub- by North Dakota in the championship winning goal in BC’s 1949 championship. committee’s investigation into the use of University President William P. Leahy, game. Chuck Kobasew and Mike correspondent banking for the purpose of SJ, thanking coach Jerry York and his play- money laundering. Lephart scored the other two goals for ers for ‘‘a memorable season,’’ said their ef- Boston College, and goalie Scott forts exemplified BC as ‘‘an institution dedi- Mr. LOTT. Mr. President, the Perma- Clemmensen did an excellent job as cated to excellence, in the classroom, the nent Subcommittee on Investigations well, with 34 saves. laboratory and the hockey rink.’’ of the Committee on Governmental Af- Cellucci, preparing to start his new job as fairs has received requests from var- The Boston College team compiled an United States ambassador to Canada, said ious law enforcement and regulatory extraordinary record of 33 wins, eight his last proclamation as governor was to des- agencies, legislative bodies, and court- loses, and two ties during the season. ignate April 9, 2001, as ‘‘BC Eagles Hockey appointed officers, both here and Coach Jerry York, a native of Water- Day in Massachusetts.’’ Menino extended his congratulations not abroad, for assistance in connection town, Massachusetts, had been a star with pending investigations into the for the Eagles in the 1967 season, was only to the team but also to the parents ‘‘who drove you to the hockey rinks all those use of correspondent banks for money an indispensable part of this year’s mornings.’’ laundering, which has been the subject championship achievement as was all ‘‘Wow!’’ said Athletic Director Gene of recent investigation by the sub- the members on the team. DeFilippo as he began his remarks. ‘‘Does it committee. The Eagles were led effectively this get any better that this?’’ He rattled off an This resolution would authorize the season by captain Brian Gionta and as- impressive list of group and individual achievements by the team’s eight seniors, in- chairman and ranking member of the sistant captains Bobby Allen and Mike cluding 117 victories, four Frozen Four and Permanent Subcommittee on Inves- Lepart. I welcome this opportunity to three NCAA title game appearances. tigations, acting jointly, to provide in- commend all of the players for their York, who was treated to a standing ova- vestigative records, obtained by the brilliant success, Bill Cass, Anthony tion and cheers of ‘‘Jer-EE! Jer-EE!’’ by the subcommittee in the course of its in- D’Arpino, Ales Dolinar, Justin Dziama, crowd, thanked his assistants and support vestigations, in response to these re- Ben Eaves, Tom Egan, J.D Forrest, Jeff staff, and praised the players for ‘‘rep- quests. Giuliano, Ty Hennes, Marty Hughes, resenting this world-class university in a world-class manner.’’ f Tim Kelleher, Mark McLennan, Brooks After senior captains Brian Gionta, Bobby Orpik, Brett Peterson, Joe Schuman, Allen and Lephart offered their own thanks Rob Scuderi, Dan Sullivan, and Tony and praises, the moment the crowd had wait- SENATE CONCURRENT RESOLU- Voce. I also commend Coach York’s as- ed for arrived. To the strains of ‘‘We Are the TION 34—CONGRATULATING THE sistant coaches, Mike Cavanaugh, Jim Champions,’’ the players skated around the BALTIC NATIONS OF ESTONIA, Logue, and Scott Paluch. rink holding aloft the NCAA championship LATVIA, AND LITHUANIA ON THE trophy. TENTH ANNIVERSARY OF THE The Boston College Eagles are flying The team has at least one more celebration REESTABLISHMENT OF THEIR high. Massachusetts is proud of their in its future: an invitation to the White FULL INDEPENDENCE championship season, and I urge the House, on a date to be confirmed later. Senate to approve this well, deserved f Mr. CAMPBELL (for himself, Mr. resolution. DODD, and Mr. VOINOVICH) submitted SENATE RESOLUTION 77—TO AU- the following concurrent resolution; I ask unanimous consent that an ar- THORIZE THE PRODUCTION OF which was referred to the Committee ticle on the championship Eagles from RECORDS BY THE PERMANENT on Foreign Relations: the Boston College newspaper ‘‘The SUBCOMMITTEE ON INVESTIGA- S. CON. RES. 34 Chronicle’’ be printed in the RECORD. TIONS OF THE COMMITTEE ON GOVERNMENTAL AFFAIRS Whereas the Baltic nations of Estonia, There being no objection, the mate- Latvia, and Lithuania were forcibly and ille- rial was ordered to be printed in the Mr. LOTT (for himself and Mr. gally incorporated into the Soviet Union RECORD, as follows: DASCHLE) submitted the following reso- from 1940 until 1991;

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S4013 Whereas from 1940 to 1991, thousands of Es- toration of their full independence, Es- tural commodity, food, fiber, or livestock tonians, Latvians, and Lithuanians were exe- tonia, Latvia, and Lithuania have dem- (including livestock, as defined in section cuted, imprisoned, or exiled by Soviet au- onstrated their commitment to democ- 602(2) of the Emergency Livestock Feed As- thorities through a regime of brutal repres- racy, human rights, and rule of law at sistance Act of 1988 (title VI of the Agricul- sion, Sovietization, and Russification in home. At the same time, they have ac- tural Act of 1949 (7 U.S.C. 1471(2))), and in- their respective nations; cluding insects), and any product thereof. tively participated in a wide range of Whereas despite the efforts of the Soviet f Union to eradicate the memory of independ- international structures, while pur- ence, the Baltic people never lost their hope suing further integration into Euro- NOTICE OF HEARING for freedom and their long-held dream of full pean political, economic and security COMMITTEE ON ENERGY AND NATURAL independence; organizations. RESOURCES Whereas during the period of ‘‘glasnost’’ Earlier today I had the pleasure to Mr. MURKOWSKI. Mr. President, I and ‘‘perestroika’’ in the Soviet Union, the meet with President Vike-Freiberga of would like to announce for the infor- Baltic people led the struggle for democratic Latvia, in my capacity as Chairman of reform and national independence; and mation of the Senate and the public the Commission on Security and Co- that three hearings have been sched- Whereas, in the years following the res- operation in Europe. I was joined by toration of full independence, Estonia, Lat- uled before the Committee on Energy Co-Chairman CHRIS SMITH and fellow via, and Lithuania have demonstrated their and Natural Resources to consider the Commissioner ZACH WAMP. President commitment to democracy, human rights, President’s proposed FY 2002 budget. Vike-Freiberga struck us as an impres- and the rule of law, and have actively par- The Committee will hear testimony sive leader during our wide-ranging dis- ticipated in a wide range of international from the following: cussion of Euro-Atlantic cooperation structures, pursuing further integration with 1. The Department of the Interior on European political, economic, and security and Latvia’s development since the res- Tuesday, May 8, 2001, beginning at 9:30 organizations: Now, therefore, be it toration of independence. Therefore, it Resolved by the Senate (the House of Rep- is fitting that we introduce this resolu- a.m., in room SD–366 of the Dirksen resentatives concurring), That Congress— tion today, coinciding with President Senate Office Building in Washington, (1) congratulates Estonia, Latvia, and Vike-Freiberga’s working visit to DC. Lithuania on the tenth anniversary of the 2. The Forest Service on Tuesday, restoration of their full independence; and Washington. I urge my colleagues to join in sup- May 8, 2001, beginning at 2:30 p.m., in (2) calls on the President to continue to room SD–366 of the Dirksen Senate Of- build the close and mutually beneficial rela- porting this resolution. fice Building in Washington, DC. tions the United States has enjoyed with Es- f tonia, Latvia, and Lithuania since the res- 3. The Department of Energy on toration of the full independence of those na- AMENDMENTS SUBMITTED AND Tuesday, May 10, 2001, beginning at 9:30 tions. PROPOSED a.m., in room SD–366 of the Dirksen Mr. CAMPBELL. Mr. President, SA 353. Mr. DAYTON submitted an amend- Senate Office Building in Washington, today I am joined by Senators DODD ment intended to be proposed by him to the D.C. and VOINOVICH, fellow members of the bill S. 149, to provide authority to control For further information, please call Commission on Security and Coopera- exports, and for other purposes; which was Trici Heninger, Staff Assistant at (202) ordered to lie on the table. tion in Europe, in submitting a Concur- 244–7875, regarding the Department of rent Resolution congratulating the f the Interior and the Department of En- people of Estonia, Latvia, and Lith- TEXT OF AMENDMENTS ergy hearings, and Kathleen Elder, Staff Assistant at (202) 244–7556, regard- uania on the tenth anniversary of the SA 353. Mr. DAYTON submitted an amend- restoration of their full independence. ment intended to be proposed by him to the ing the Forest Service hearing. The resolution also calls on the Presi- bill S. 149, to provide authority to control COMMITTEE ON ENERGY AND NATURAL dent of the United States to build upon exports, and for other purposes; which was RESOURCES the close and mutually beneficial rela- ordered to lie on the table; as follows: SUBCOMMITTEE ON ENERGY AND WATER DEVEL- tions with Estonia, Latvia, and Lith- At the appropriate place, insert the fol- OPMENT OF THE SENATE COMMITTEE ON AP- uania that have existed since the res- lowing new title: PROPRIATIONS toration of their full independence. TITLE—EXEMPTION FOR AGRICULTURAL Mr. MRUKOWSKI. Mr. President, I This year marks the tenth anniver- COMMODITIES, MEDICINE, AND MED- would like to announce for the infor- sary of the reestablishment of full ICAL SUPPLIES mation of the Senate and the public independence to the Baltic nations of SEC. ll01. EXEMPTION FOR AGRICULTURAL that a joint oversight hearing has been COMMODITIES, MEDICINE, AND MED- scheduled before the Committee on En- Estonia, Latvia, and Lithuania after ICAL SUPPLIES. almost five decades of illegal and bru- Notwithstanding any other provision of ergy and Natural Resources and the tal incorporation into the Soviet law, the export controls imposed on items Subcommittee on Energy and Water Union. The Baltic nations were inde- under title III shall not apply to agricultural Development of the Committee on Ap- pendent between World War I and commodities, medicine, and medical sup- propriations. World War II. Their freedom and inde- plies. The hearing will take place on Thurs- pendence were stolen from them in a SEC. ll02. TERMINATION OF EXPORT CON- day, May 3rd, 2001 at 10 a.m. in room TROLS REQUIRED BY LAW. SD–366 of the Dirksen Senate Office secret deal struck between Hitler and Notwithstanding any other provision of Stalin. law, the President shall terminate any ex- Building in Washington, DC. During the Soviet era, thousands of port control mandated by law on agricul- The purpose of this hearing is to con- Estonians, Latvians, and Lithuanians tural commodities, medicine, and medical duct oversight on the state of the nu- were executed, imprisoned or exiled by supplies upon the date of enactment of this clear power industry and the future of the Soviet regime as Moscow at- Act except for a control that is specifically the industry in a comprehensive energy tempted to repress any resistance to reimposed by law. strategy. its rule. Besides physically persecuting SEC. ll03. EXCLUSIONS. Because of the limited time available Sections ll01 and ll02 do not apply to for the hearing, witnesses may testify individuals, the Soviet Union also tried the following: to destroy the rich heritage of the Bal- (1) The export of agricultural commodities, by invitation only. However, those tic people, by degrading their culture medicine, and medical supplies that are sub- wishing to submit written testimony and attempting to replace their native ject to national security export controls for the hearing record should send two languages with Russian. under title II or are listed on the United copies of their testimony to the Com- It didn’t work. The Baltic people States Munitions List established under sec- mittee on Energy and Natural Re- never gave up their hope for freedom tion 38 of the Arms Export Control Act (22 sources, United States Senate, 364 and their long-held dream of independ- U.S.C. 2778). Dirksen Senate Office Building, Wash- ence. (2) The export of agricultural commodities, ington, DC. 20510–6150. Moreover, during the Soviet period of medicine, and medical supplies to a country For further information, please call against which an embargo is in effect under ‘‘glasnost’’ and ‘‘perestroika,’’ the Bal- the Trading With the Enemy Act. Colleen Deegan, Counsel, Energy Com- tic people led the struggle for demo- SEC. ll04. DEFINITION. mittee at (202) 224–8115 or Clay Sell, cratic reform and national conscious- For purposes of this title, the term ‘‘agri- Clerk, Energy and Water Sub- ness. In the ten years following the res- cultural commodity’’ means any agricul- committee at (202) 224–7260.

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4014 CONGRESSIONAL RECORD — SENATE April 26, 2001 AUTHORITY FOR COMMITTEES TO COMMITTEE ON THE JUDICIARY CONGRATULATING THE EAGLES MEET Mr. LOTT. Mr. President, I ask unan- OF BOSTON COLLEGE COMMITTEE ON ARMED SERVICES imous consent that the Committee on Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. Mr. President, I ask unan- the Judiciary be authorized to meet to imous consent that the Senate proceed imous consent that the Committee on conduct a markup on Thursday, April to the consideration of S. Res. 76, sub- Armed Services be authorized to meet 26, 2001, at 10 a.m. in Dirksen Building mitted earlier today by Senators KEN- during the session of the Senate on Room 226. NEDY and KERRY. Thursday, April 26, 2001, at 9:30 a.m., in The PRESIDING OFFICER. Without The PRESIDING OFFICER. The open session to consider the nomina- objection, it is so ordered. clerk will report the resolution by tions of Edward C. Aldridge to be SPECIAL COMMITTEE ON AGING title. Under Secretary of Defense for Acquisi- Mr. LOTT. Mr. President, I ask unan- The legislative clerk read as follows: tion and Technology; William J. imous consent that the Special Com- A resolution (S. Res. 76) congratulating the Haynes II be general counsel of the De- mittee on Aging be authorized to meet Eagles of Boston College in Massachusetts partment of Defense; and Powell A. on Thursday, April 26, 2001 from 9 a.m.– for winning the 2001 National Collegiate Ath- Moore, to be Assistant Secretary of De- 12 p.m. in Dirksen 562 for the purpose letic Association Men’s Ice Hockey cham- fense for Legislative Affairs, and in ex- of conducting a hearing. pionship. ecutive session thereafter. The PRESIDING OFFICER. Without There being no objection, the Senate The PRESIDING OFFICER. Without objection, it is so ordered. proceeded to consider the resolution. objection, it is so ordered. SUBCOMMITTEE ON COMMUNICATIONS Mr. LOTT. Mr. President, I ask unan- COMMITTEE ON COMMERCE, SCIENCE, AND Mr. LOTT. Mr. President, I ask unan- imous consent that the resolution and TRANSPORTATION imous consent that the Subcommittee preamble be agreed to en bloc, the mo- Mr. LOTT. Mr. President, I ask unan- on Communications, of the Committee tion to reconsider be laid upon the imous consent that the Committee on on Commerce, Science and Transpor- table, and any statements relating to Commerce, Science, and Transpor- tation, be authorized to meet on Thurs- the resolution be printed in the tation be authorized to meet on Thurs- day, April 26, 2001, at 2:30 p.m. on RECORD. day, April 26, 2001, at 9:30 a.m. on the spamming. The PRESIDING OFFICER. Without nomination of Theodore W. Kassinger The PRESIDING OFFICER. Without objection, it is so ordered. to be general counsel of the Depart- objection, it is so ordered. The resolution (S. Res. 76) was agreed ment of Commerce. to. SUBCOMMITTEE ON FORESTS AND PUBLIC LANDS The preamble was agreed to. The PRESIDING OFFICER. Without Mr. LOTT. Mr. President, I ask unan- objection, it is so ordered. (The text of the resolution is located imous consent that the Subcommittee in today’s RECORD under ‘‘Submitted COMMITTEE ON COMMERCE, SCIENCE, AND on Forests and Public Lands of the Statements on Senate Resolutions.’’) TRANSPORTATION Committee on Energy and Natural Re- f Mr. LOTT. Mr. President, I ask unan- sources be authorized to meet during imous consent that the Committee on the session of the Senate on Thursday, HONORING NEIL L. RUDENSTINE Commerce, Science, and Transpor- April 26, at 2:30 p.m. to conduct an Mr. LOTT. Mr. President, I ask unan- tation be authorized to meet on Thurs- oversight hearing. The subcommittee imous consent that the HELP Com- day, April 26, 2001, immediately fol- will receive testimony on the energy mittee be discharged from consider- lowing the nomination hearing, on S. implications of the Forest Service’s ation of S. Res. 65 and the Senate then 718—Amateur Sports Integrity Act. Roadless Area Rulemaking. proceed to its consideration. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. objection, it is so ordered. The clerk COMMITTEE ON ENERGY AND NATURAL SUBCOMMITTEE ON SEAPOWER will report the resolution by title. RESOURCES Mr. LOTT. Mr. President, I ask unan- The legislative clerk read as follows: Mr. LOTT. Mr. President, I ask unan- imous consent that the Subcommittee A resolution (S. Res. 65) Honoring Neil L. imous consent that the Committee on on Seapower of the Committee on Rudenstine, President of Harvard University. Energy and Natural Resources be au- Armed Services be authorized to meet thorized to meet during the session of There being no objection, the Senate during the session of the Senate on the Senate on Thursday, April 26, at proceeded to consider the resolution. Thursday, April 26, 2001, at 2 p.m., in 9:30 a.m. to conduct an oversight hear- Mr. LOTT. Mr. President, I ask unan- open session to receive testimony re- ing. The committee will consider na- imous consent that the resolution and garding strategic airlift and sealift im- tional energy policy with respect to preamble be agreed to en bloc, the mo- peratives for the 21st century. fuel specifications and infrastructure tion to reconsider be laid upon the The PRESIDING OFFICER. Without constraints and their impacts on en- table, and that any statements relating objection, it is so ordered. ergy supply and price. to the resolution be printed in the The PRESIDING OFFICER. Without SUBCOMMITTEE ON TRANSPORTATION AND RECORD. objection, it is so ordered. INFRASTRUCTURE The PRESIDING OFFICER. Without Mr. LOTT. Mr. President, I ask unan- objection, it is so ordered. COMMITTEE ON FINANCE imous consent that the Subcommittee The resolution (S. Res. 65) was agreed Mr. LOTT. Mr. President, I ask unan- on Transportation and Infrastructure to. imous consent that the Committee on be authorized to conduct a hearing to The preamble was agreed to. Finance be authorized to meet during receive testimony on budget oversight The resolution, with its preamble, the session on Thursday, April 26, 2001 on the Corps of Engineers program for reads as follows: to hear testimony on the Tax Code FY02 on Thursday, April 26 at 9:30 am. S. RES. 65 Complexity, New Hope for Fresh Solu- The PRESIDING OFFICER. Without tions. Whereas Neil L. Rudenstine is retiring as The PRESIDING OFFICER. Without objection, it is so ordered. the 26th President of Harvard University in Cambridge, Massachusetts, on June 30, 2001, objection, it is so ordered. f after 10 years of service in the position; COMMITTEE ON FOREIGN RELATIONS Whereas Harvard University, founded in Mr. LOTT. Mr. President, I ask unan- 1636, is the oldest university in the United imous consent that the Committee on PRIVILEGE OF THE FLOOR States and 1 of the preeminent academic in- Foreign Relations be authorized to Mr. WELLSTONE. Mr. President, I stitutions in the world; meet during the session of the Senate ask unanimous consent that Nicky Whereas throughout the history of the on Thursday, April 26, 2001 at 10 a.m. Yuen on my staff be allowed floor United States, graduates of Harvard Univer- sity have served the United States as leaders and 2:30 p.m. to hold a hearing and a privileges during the duration of the in public service, including 7 Presidents and business meeting. day. many distinguished members of the United The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without States Senate and the House of Representa- objection, it is so ordered. objection, it is so ordered. tives;

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 26, 2001 CONGRESSIONAL RECORD — SENATE S4015 Whereas in recognition of his belief in, and Chapter 12, along with a number of agreed to, the preamble be agreed to, Harvard University’s continued commitment Democratic Senators, but the Senate the motion to reconsider be laid upon to, public service as a value of higher edu- Majority Leader never scheduled a vote the table, and any statements relating cation, Neil L. Rudenstine worked to estab- on the bill. thereto be printed in the RECORD. lish the Center for Public Leadership at Har- vard University’s Kennedy School of Govern- This year, Representative NICK SMITH The PRESIDING OFFICER. Without ment to prepare individuals for public serv- and Representative TAMMY BALDWIN in- objection, it is so ordered. ice and leadership in an ever-changing world; troduced H.R. 256 to retroactively The resolution (S. Res. 77) was agreed Whereas in order to make a Harvard Uni- renew Chapter 12. Thanks to their bi- to. versity education available to as many partisan efforts the House passed the The preamble was agreed to. qualified young people as possible, during bill on February 28 by a vote of 408–2. I (The text of the resolution is located Neil L. Rudenstine’s tenure, the University commend them for their leadership in in today’s RECORD under ‘‘Submitted expanded its financial aid budget by securing House passage of this legisla- Statements on Senate Resolutions.’’) $8,300,000 to help students graduate with less f debt; tion. Whereas Neil L. Rudenstine has made Har- Earlier this month, Representative EXECUTIVE SESSION vard University a good neighbor in the com- SMITH and Representative BALDWIN munity of Cambridge and greater Boston by wrote to me about trying to secure launching a $21,000,000 affordable housing quick Senate passage of H.R. 256. I EXECUTIVE CALENDAR program and by creating more than 700 jobs; agreed that the Senate should act im- Mr. LOTT. Mr. President, I ask unan- and mediately to renew Chapter 12 of the imous consent that the Senate imme- Whereas Neil Rudenstine built an aca- Bankruptcy Code and send their legis- demic career of great distinction, including 2 diately proceed to executive session to bachelor’s degrees, 1 from Princeton Univer- lation to the President for his signa- consider the following nominations re- sity and the other from Oxford University, a ture into law. I am glad the Majority ported by the Foreign Relations Com- Rhodes Scholarship, a Harvard Ph.D. in Leader is finally taking up our request mittee today: Paula Dobriansky to be English, recognition as a scholar and author- to take up and pass H.R. 256. an Under Secretary of State; James ity on Renaissance literature, and pre- During the debate earlier this year Andrew Kelly to be an Assistant Sec- eminent positions in higher education: Now, on comprehensive changes to the bank- retary of State; Andrew Natsios to be therefore, be it ruptcy system, some proponents of the Administrator of the United States Resolved, controversial reform bill claimed that SECTION 1. HONORING NEIL L. RUDENSTINE. Agency for International Development. it must be passed to restore Chapter 12 I further ask unanimous consent that The Senate— to the Bankruptcy Code. I hope today’s (1) expresses deep appreciation to Presi- the nominations be confirmed, the mo- dent Neil L. Rudenstine of Harvard Univer- action to pass a stand alone Chapter 12 tions to reconsider be laid upon the sity for his contributions to higher edu- bill will make it clear to all that the table, the President be immediately cation, for the spirit of public service that Senate does not have to pass a mam- notified of the Senate’s action, and the characterized his decade as Harvard Univer- moth bankruptcy reform bill to provide Senate then return to legislative ses- sity’s President, for his many years of aca- family farmers with bankruptcy pro- sion. demic leadership at other universities, and tection. I also hope today’s action will The PRESIDING OFFICER. Without for the grace and elegance that he brought to put an end to any efforts to use Chap- objection, it is so ordered. all he has done; and ter 12 as leverage to enact controver- (2) wishes him well in every future endeav- The nominations were considered and or, anticipating the continuing benefit of his sial bankruptcy reform legislation. Our confirmed, as follows: thoughtful expertise to American higher family farmers deserve better. DEPARTMENT OF STATE education. I strongly support H.R. 256 to retro- James Andrew Kelly, of Hawaii, to be an SEC. 2. TRANSMITTAL. actively give our family farmers bank- Assistant Secretary of State (East Asian and The Secretary of the Senate shall transmit ruptcy protection if they fall on hard Pacific Affairs). a copy of this resolution to Neil L. times. It is past time for Congress to Paula J. Dobriansky, of Virginia, to be an Rudenstine. retroactively renew Chapter 12 of the Under Secretary of State (Global Affairs). f Bankruptcy Code to provide a safety UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT FARMER BANKRUPTCY net for our nation’s family farmers. Mr. LOTT. Mr. President, I ask unan- Andrew S. Natsios, of Massachusetts, to be Mr. LOTT. Mr. President, I ask unan- imous consent that the bill be read a Administrator of the United States Agency imous consent that the Senate now third time and passed, the motion to for International Development. proceed to the consideration of H.R. reconsider be laid upon the table, and Mr. KENNEDY. Mr. President, I 256, which is at the desk. any statements relating to the bill be strongly support the nomination of An- The PRESIDING OFFICER. The printed in the RECORD. drew Natsios. Andrew has ably served clerk will report the bill by title. The PRESIDING OFFICER. Without the State of Massachusetts as a Rep- The legislative clerk read as follows: objection, it is so ordered. resentative in the State House and as A bill (H.R. 256) to extend for 11 additional The bill (H.R. 256) was read the third Chief Financial Officer for the State. months the period for which chapter 12 of time and passed. He is an outstanding choice for the im- title 11 of the United States code is reen- f portant post of Administrator for the acted. Agency for International Development, There being no objection, the Senate AUTHORIZING PRODUCTION OF and I’m confident he’ll serve our coun- proceeded to consider the bill. RECORDS try with great distinction. Mr. LEAHY. Mr. President, I am Mr. LOTT. Mr. President, I ask unan- The Agency plays an invaluable role pleased that the Senate is finally turn- imous consent that the Senate proceed for the United States, bringing the ing its attention to retroactively re- to the immediate consideration of S. hope of a better life to those in need newing Chapter 12 of the Bankruptcy Res. 77, submitted earlier by myself around the globe through humani- Code, which protects family farmers and Senator DASCHLE. tarian aid and development projects. and helps them prevent foreclosures The PRESIDING OFFICER. The Its Administrator must understand the and forced auctions of their farms. clerk will report the resolution by challenges facing the Agency both in- Unfortunately, many family farmers title. ternally and externally. He must be a have been left in legal limbo in bank- The legislative clerk read as follows: strong and effective manager. He must ruptcy courts across the country since A resolution (S. Res. 77) to authorize the be committed to improving the Agency Chapter 12 of the Bankruptcy Code ex- production of records by the Permanent Sub- as an institution and have the ability pired on July 1, 2000. Last year, the committee on Investigations of the Com- to advance its development mission ef- House of Representatives passed nar- mittee on Governmental Affairs. fectively. I’m confident that Andrew row legislation to retroactively renew There being no objection, the Senate possesses the skills to accomplish these Chapter 12, but that legislation died in proceeded to consider the resolution. goals and that he will enhance the the Senate. I worked to adopt the Mr. LOTT. Mr. President, I ask unan- agency’s valuable work around the House-passed bill last year to renew imous consent that the resolution be world.

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WILLIAM E SOLOMON III, 0000 Andrew has spent much of his distin- morning business, we will begin debate ERIC B SVENSSON, 0000 guished career working on these impor- on the motion to proceed to S. 1, the JULIUS TAYLOR, 0000 ZANE R THOMAS, 0000 tant issues—most notably as the As- education bill. Cloture was filed on the TREVOR N TYLER, 0000 sistant Administrator for the Bureau motion to proceed to the bill on Thurs- MAX WILDERMUTH, 0000 of Food and Humanitarian Assistance day, today, with a vote scheduled to ERIC D WILLIAMS, 0000 at the Agency for International Devel- occur at 9:30 a.m. on Tuesday. An THE FOLLOWING NAMED OFFICERS TO THE GRADE IN- DICATED IN THE UNITED STATES NAVAL RESERVE opment, as Director of the Office of agreement on the nomination of John UNDER TITLE 10, U.S.C., SECTION 12203: Foreign Disaster Assistance and as Robert Bolton is being discussed, and it To be captain Vice President of World Vision. Be- is hoped that debate and confirmation EDWARD P ABBOTT, 0000 cause of his outstanding ability, he was can occur prior to lunch on Tuesday. ANDREW W ACEVEDO, 0000 SCOTT E ALLEN JR., 0000 appointed as special coordinator to Senators should be aware that there JAMES L ALLISON, 0000 manage U.S. Government relief efforts will be no votes during Monday’s ses- JEFFREY R ALLMON, 0000 KEVIN W ALT, 0000 during the Somalia famine. sion. Having said that, the remainder PHILIP J ALTIZER JR., 0000 Andrew has written extensively on of the week will be extremely busy in TIMOTHY M ANDERSEN, 0000 GLENN E ANDERSON, 0000 the challenges posed by humanitarian an effort to complete action on the JOSEPH ARANGO III, 0000 and intervention assistance and dis- education bill and hopefully the budget GEORGE M ARVONEN, 0000 JOSEPH W ASHBAKER, 0000 aster response to U.S. foreign policy in- conference. JOHN R ATKINSON, 0000 CHERYL L AUSTIN, 0000 terests. He has also lectured at Boston f PATRICK J AUSTIN, 0000 College, the University of Massachu- ANDREW G BAAN, 0000 ADJOURNMENT UNTIL MONDAY, GIL A BALAOING, 0000 setts, and Northeastern University. GEORGE W BALLANCE, 0000 Because of his strong management APRIL 30, 2001, AT 2 P.M. WALTER W BALLARD, 0000 WARREN S BARKLEY II, 0000 skills, Andrew was called in to Chair Mr. LOTT. If there is no further busi- STEPHEN C BARTO, 0000 the Massachusetts Turnpike Authority ness to come before the Senate, I now STEPHEN D BAUGHMAN, 0000 MARK E BAUMAN, 0000 and to oversee the Central Artery Tun- ask unanimous consent the Senate JAMES F BECKA, 0000 nel Project—the nation’s largest public stand in adjournment under the pre- CHARLES G BELTZ, 0000 JOHN R BENNETT, 0000 project. We all agree that his manage- vious order. DONALD J BENZING, 0000 ment has restored credibility to the There being no objection, the Senate, MARTIN W BERG, 0000 WILLIAM S BEYER, 0000 project. He also served as Governor at 6:07 p.m., adjourned until Monday, ROGER D BIRNBAUM, 0000 Cellucci’s Chief Financial Officer for April 30, 2001, at 2 p.m. TIMOTHY J BISHOP, 0000 WANDA O BISKADUROS, 0000 Massachusetts and was responsible for f THOMAS M BLAIR, 0000 a $20 billion state budget. THOMAS H BLAKENEY JR., 0000 NOMINATIONS CELIA A BOOTH, 0000 Andrew has the vision, skills and FREDERICK Y BORDEN III, 0000 ability to lead the Agency for Inter- Executive nominations received by ROBERT J BOROWSKI, 0000 CHRISTOPHER P BOYLAN, 0000 national Development very effectively the Senate April 26, 2001: DEAN C BRACKETT, 0000 in the years ahead. His knowledge and ENVIRONMENTAL PROTECTION AGENCY STEVEN L BRADLEY, 0000 ROBIN A BRAKE, 0000 experience, and his strong commitment STEPHEN L. JOHNSON, OF MARYLAND, TO BE ASSIST- CHARLES R BRAUN JR., 0000 to improving the agency will strength- ANT ADMINISTRATOR FOR TOXIC SUBSTANCES OF THE RICHARD E BRAUNIG, 0000 ENVIRONMENTAL PROTECTION AGENCY, VICE JAMES V. RICHARD J BRENNAN JR., 0000 en all of its vital missions. AIDALA, RESIGNED. FRANCIS C BRINKER, 0000 MICHAEL C BRINKMANN, 0000 I look forward very much to working IN THE MARINE CORPS with him as the Administrator of the DAVID BROADBENT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THEODORE L BROOKS, 0000 Agency for International Development. IN THE UNITED STATES MARINE CORPS TO THE GRADE LEONARD J BROWN, 0000 INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- MICHAEL G BUTCHER, 0000 f TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., JON A BUTTRAM, 0000 SECTION 601: ALLYSON T CADDELL, 0000 LEGISLATIVE SESSION JAMES C CAIN, 0000 To be lieutenant general JAMES J CAIN, 0000 The PRESIDING OFFICER. Under HAROLD F CANNON JR., 0000 MAJ. GEN. ROBERT MAGNUS, 0000 ALLEN F CANTRELL, 0000 the previous order, the Senate will re- THE FOLLOWING NAMED UNITED STATES MARINE THOMAS E CARROLL, 0000 turn to legislative session. CORPS RESERVE OFFICER FOR APPOINTMENT AS COM- MARK S CHAMBERLAIN, 0000 MANDER, MARINE FORCES RESERVE AND FOR APPOINT- BRANDAN J CHANG, 0000 f MENT TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., JAMES S CHEATHAM JR., 0000 SECTIONS 5144 AND 601: VAHAN CHERTAVIAN, 0000 BRANNAN W CHISOLM, 0000 ORDERS FOR MONDAY, APRIL 30, To be lieutenant general MICHAEL H COCHRANE, 0000 2001 GORDON V COLE, 0000 MAJ. GEN. DENNIS M. MCCARTHY, 0000 JOHN W COLEMAN II, 0000 Mr. LOTT. Mr. President, I ask unan- IN THE NAVY CHRISTOPHER M CONROY, 0000 CURTIS A COOPER, 0000 imous consent that when the Senate THE FOLLOWING NAMED UNITED STATES NAVAL RE- JOHN J CORBETT, 0000 completes its business today, it ad- SERVE OFFICER FOR APPOINTMENT AS CHIEF OF NAVAL HENRY J CORSCADDEN III, 0000 RESERVE AND FOR APPOINTMENT TO THE GRADE INDI- DAVID W COSTA, 0000 journ until the hour of 2 p.m. on Mon- CATED UNDER TITLE 10, U.S.C., SECTIONS 5143 AND 601: DAVE L COTNER, 0000 day, April 30. I ask unanimous consent To be vice admiral ROBERT W COWING, 0000 that on Monday, immediately fol- MARK L CROOK, 0000 REAR ADM. JOHN B. TOTUSHEK, 0000 ANATOLIO B CRUZ, 0000 lowing the prayer, the Journal of pro- BRUCE CUMINGS, 0000 THE FOLLOWING NAMED OFFICERS FOR TEMPORARY THOMAS P DAGOSTINO, 0000 ceedings be approved to date, the APPOINTMENT TO THE GRADE INDICATED IN THE JOHN Q DALSANTO, 0000 UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION FRANCIS DANIEL, 0000 morning hour be deemed expired, the 5721: time for the two leaders be reserved for SANDY L DANIELS, 0000 To be lieutenant commander LEONARD A DATO, 0000 their use later in the day, and the Sen- MARK H DAVIDSON, 0000 ROBERT M ABUBO, 0000 LARRY W DAVIS, 0000 ate then begin a period of morning DAVID K ANDERSON, 0000 LELAND D DEATLEY, 0000 business until 3 p.m. with Senators TIMOTHY BARNEY, 0000 JAMES C DEGENHARDT, 0000 MATTHEW BONNER, 0000 VICTOR E DELNORE JR., 0000 speaking for up to 10 minutes each, CRAIG T BOWDEN, 0000 JOHN M DEMAGGIO, 0000 with the following exceptions: Senator ROBERT L CHATHAM, 0000 BRUCE J DINSMORE, 0000 TRACY A DOBEL, 0000 DOUGLAS B DRIVER, 0000 DURBIN or his designee from 2 p.m. to DAVID G ERICKSON, 0000 DANIEL N DUBE, 0000 2:30 p.m., Senator THOMAS or his des- DARRYL D FIELDER, 0000 TIMOTHY J DWYER, 0000 DANIEL J GILLEN, 0000 JOYCE M EASTWICK, 0000 ignee from 2:30 p.m. to 3 p.m. HOWARD D GUBBS, 0000 CHARLES N EDWARDS, 0000 The PRESIDING OFFICER. Without DAVID K GULUZIAN, 0000 MICHAEL D T EDWARDS, 0000 THOMAS HARRILL, 0000 GARY L EILAND, 0000 objection, it is so ordered. JAMES E KIRBY, 0000 DONALD W EISENHART JR., 0000 BOBBY L KING, 0000 PETER A ENCHELMAYER, 0000 f DOUGLAS W KUNZMAN, 0000 NICHOLAS J EPISCOPO JR., 0000 BRYCE D LABMERT, 0000 STEVEN L FARLEY, 0000 PROGRAM JOHN LOBUONO, 0000 GUENTHER FEISTE, 0000 JOHN J MEAGHER, 0000 THEODORE F FESSEL JR., 0000 Mr. LOTT. For the information of all KEVIN A MELODY, 0000 MALORIE L FITZGERALD, 0000 Senators, the Senate will convene at 2 KEITH L PAYNE, 0000 PATRICK J FITZMAURICE JR., 0000 ROLAND C ROEDER, 0000 TERRANCE FITZPATRICK, 0000 p.m on Monday. Following 1 hour of VICTOR S SCHWARTZ, 0000 THOMAS H FLOURNOY, 0000

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WILLIAM F FLYNN, 0000 RICHARD L MARIN, 0000 ELIZABETH A SCHNEIDER, 0000 THEODORE FOLLAS, 0000 RICHARD J MARINUCCI, 0000 MARK A SCHULER, 0000 TERESA B FOLTZ, 0000 BRIAN P MARKS, 0000 JAMES J SHERIDAN, 0000 RAY FOWLER JR., 0000 DEAN B MARKUSSEN, 0000 ROBERT E SIGRIST, 0000 EDWARD J FRANCIS, 0000 WILLIAM D MARSH JR., 0000 JOHN L SIMS, 0000 STEVEN R FRAZER, 0000 RICHARD G MARTIN, 0000 ALAN L SINGER, 0000 JOHN P FRY, 0000 WILLIAM C MARTIN JR., 0000 ROBERT L SINNOKRAK, 0000 MICHAEL H GAFFNEY, 0000 RANDY A MARTINEZ, 0000 GEORGE A SMITH, 0000 LINDA T GAINES, 0000 GARY J MAYER, 0000 MICHAEL C SMITH, 0000 PHILIP A GARCIA, 0000 WILLIAM F MCALPINE, 0000 SAMUEL J SMITHERS, 0000 DAVID H GATES, 0000 MARK L MCANDREWS, 0000 KEVIN F SPALDING, 0000 LARRY L GATLIN, 0000 ANNE M MCCLELLAN, 0000 GEORGE O SPENCER III, 0000 KEVIN J GILLIS, 0000 GAVIN G MCCRARY, 0000 LENNIE W SPENCER, 0000 CHARLES B GILLMAN, 0000 MICHAEL MCDANIEL, 0000 TIMOTHY J STARK, 0000 NICHOLAS J GIZZI JR., 0000 TERRENCE T MCGINNIS, 0000 JOHN S STRATEMEIER, 0000 KEITH V GOODSON, 0000 MARC V MCGOWAN, 0000 ROBERT C SWANEKAMP, 0000 ROBIN L GRAF, 0000 DENNIS M MCLAUGHLIN, 0000 MICHAEL P TAYLOR, 0000 THOMAS P GRAFF, 0000 DONALD E MCMACKIN, 0000 DAVID TEZZA, 0000 MICHAEL A GREEN, 0000 TERESA B MCNAMARA, 0000 JOSEPH B THOMAS JR., 0000 CHERYL A GUIDOBONI, 0000 MALCOLM J MCPHEE JR., 0000 RICHARD D THOMAS, 0000 CHRISTOPHER GUYER, 0000 MAURICE J MCWHIRTER, 0000 MARK S TIERNAN, 0000 LINDA A HARBER, 0000 STEVEN L MICHALS, 0000 C H TINDAL, 0000 GEORGE M HARDY III, 0000 GLENN R MICKLE, 0000 STEPHEN T TREACY, 0000 DONALD P HARKER, 0000 DAVID M MITCHELL, 0000 JAMES W TRIPPEL, 0000 DAVID M HARRIS, 0000 RICHARD A MONTANIO, 0000 JOHN C TRONTI, 0000 RONALD B HAWKINS, 0000 BARTON A MOORE, 0000 BRUCE A TROUTMAN, 0000 PETER J HAYASE, 0000 THOMAS K MORGAN, 0000 RICHARD TRUITT, 0000 BELINDA B HEERWAGEN, 0000 WILLIAM C MORRILL, 0000 KENNETH L TURNER, 0000 JOHN P HETRICK JR., 0000 DONALD C MORRISON, 0000 JOHN J TURONIS, 0000 WAYNE D HILD, 0000 JAMES H MORRISON, 0000 ROBERT F URSO, 0000 HOWARD D HILL, 0000 JEFFREY C MOTTER, 0000 CLAUDE P VALLIERE, 0000 KIRK E HIVELY, 0000 SCOTT W MOTZ, 0000 REINETTA VANEENDENBURG, 0000 DANNY B HODGE, 0000 JOHN P MUELLER, 0000 CHARLES L VANGORDEN JR., 0000 HARVEY S HOPKINS, 0000 JOSEPH M MURPHY, 0000 JOSEPH L VAUGHAN, 0000 RICHARD C HUGHES, 0000 HARRY L MYERS, 0000 KEVIN H HUGMAN, 0000 ALADAR NESSER, 0000 JOSEPH E VOLKL, 0000 ROBERT P HUMPHREY, 0000 JEFFREY C NICHOLAS, 0000 RAYMOND M VOLLUZ, 0000 FRANCIS A HUNT JR., 0000 JAMES C NICHOLS JR., 0000 JOYCELYN B WALTERS, 0000 MARK E HYMAN, 0000 MICHAEL J NICOLOFF, 0000 JAMES A WARD, 0000 PAMELA M IOVINO, 0000 GARY D NOBLE, 0000 TERRY S WHITE, 0000 BARBARA A IVES, 0000 KERRY L NYE, 0000 JOSH T WILLIAMS III, 0000 PETER S JEROME, 0000 CAROL A R OHAGAN, 0000 THEODORE M WILLIAMSON, 0000 BENNETT H JOHNSON, 0000 DAVID R OLSON, 0000 DONALD E WILSON, 0000 CAROYL D JOHNSON, 0000 MANUEL ORTEGA, 0000 TERRY L WILSON, 0000 SIGVARD B JOHNSON JR., 0000 JAMES S OSBORNE JR., 0000 RONALD J WILTSIE, 0000 JOHN A JONES, 0000 SANDRA K OSTEEN, 0000 FRANCIS R WINKEL, 0000 RICHARD L JONES, 0000 KIM A D OSWALD, 0000 DALE W WINSTEAD, 0000 MICHAEL G JORDAN, 0000 DERRICK W OWINGS, 0000 DONALD L WOLVEN, 0000 BYRON J JOSEPH II, 0000 STEVEN S PAINTER, 0000 NICHOLAS C XENOS, 0000 JEFFREY A JULIUS, 0000 STEVE F PALMER, 0000 VICTOR J YANEGA III, 0000 STEVEN M JUNKINS, 0000 BARBARA J PALUSZEK, 0000 MICHAEL J YRACEBURN, 0000 GEORGE S KACHMARIK, 0000 KEVIN E PARKER, 0000 ROBERT ZAUPER, 0000 THOMAS A KAISER, 0000 NELSE C PETERSEN, 0000 OWEN N KAWAMOTO, 0000 BRADLEY A PETERSON, 0000 MICHAEL T KEATING, 0000 JAMES B PHILPITT, 0000 f THOMAS F KENDZIORSKI, 0000 THOMAS R PICKLES, 0000 JOHN M KENNEDY, 0000 HENRY F POWELL, 0000 PETER F KILGER JR., 0000 STEVEN M POWELL, 0000 CONFIRMATIONS WILLIAM A KING JR., 0000 DAVID L QUESSENBERRY, 0000 EARL K KISHIDA, 0000 LANCE W RAFFE, 0000 Executive nominations confirmed by RICHARD S KOPP, 0000 JOSEPH RAPPISI, 0000 WILLIAM M KOVALCHIK, 0000 JONATHAN D REEDER, 0000 the Senate April 26, 2001: PETER H KRAYER, 0000 CURTIS G REILLY, 0000 RAYMOND M KUTCH, 0000 CHARLES P RENNINGER II, 0000 DEPARTMENT OF STATE ALAN A LABEOUF, 0000 JOE REYES, 0000 JAMES ANDREW KELLY, OF HAWAII, TO BE AN ASSIST- CRAIG W LEE, 0000 KENNETH G RIGOULOT II, 0000 ANT SECRETARY OF STATE (EAST ASIAN AND PACIFIC FREDERICK L LEES, 0000 ANTHONY J RIZZO, 0000 AFFAIRS). DAVID K LEHMAN, 0000 EILEEN S ROBERSON, 0000 PAULA J. DOBRIANSKY, OF VIRGINIA, TO BE AN UNDER WILLIAM M LEMKE, 0000 EILEEN J ROEMER, 0000 SECRETARY OF STATE (GLOBAL AFFAIRS). THOMAS W LETT, 0000 LORRAINE J ROMANO, 0000 MARTIN J LINDENMAYER, 0000 WILLIAM H ROOF, 0000 UNITED STATES AGENCY FOR INTERNATIONAL LORI A LINDHOLM, 0000 LEE V ROSSETTI, 0000 DEVELOPMENT DOUGLAS L LLOYD, 0000 WILLIAM A ROTHWELL, 0000 CRAIG R LOVE, 0000 MARK W RUSHING, 0000 ANDREW S. NATSIOS, OF MASSACHUSETTS, TO BE AD- ROBERT W MACDOUGALL, 0000 DAVID G RUSSELL, 0000 MINISTRATOR OF THE UNITED STATES AGENCY FOR STEVEN E MAFFEO, 0000 SCOTT E SANDERS, 0000 INTERNATIONAL DEVELOPMENT. THOMAS A MAGUIRE, 0000 JOHN E SARCONE, 0000 (THE ABOVE NOMINATIONS WERE APPROVED SUBJECT WILLIAM F MALLOY JR., 0000 KRISTINE L SARVER, 0000 TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- PETER T MALONEY, 0000 LISA A SCHAEFER, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY WILLIAM M MARCHANT, 0000 STEVEN L SCHMIDT, 0000 CONSTITUTED COMMITTEE OF THE SENATE.)

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