November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21825 HOUSE OF REPRESENTATIVES—Wednesday, November 7, 2001

The House met at 10:00 a.m. and was Mr. GIBBONS. Mr. Speaker, I object today’s distinguished guest chaplain, called to order by the Speaker pro tem- to the vote on the ground that a my personal pastor, Reverend John pore (Mr. SHAW). quorum is not present and make the Reist, Junior. f point of order that a quorum is not Reverend Reist is a great American present. and a community leader. He has served DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. Pursu- as a veteran in the Armed Forces. He PRO TEMPORE ant to clause 8, rule XX, further pro- now combines his duty at the Somerset The SPEAKER pro tempore laid be- ceedings on this question will be post- Congregational Church with his work fore the House the following commu- poned. as a professor of Christianity and lit- nication from the Speaker: The point of no quorum is considered erature at Hillsdale College. He has NOVEMBER 7, 2001. withdrawn. been recognized as teacher of the year, I hereby appoint the Honorable E. CLAY f served as academic dean and is now the SHAW, Jr. to act as Speaker pro tempore on executive director of the Michigan As- this day. PLEDGE OF ALLEGIANCE sociation of Scholars. He holds a Ph.D. J. DENNIS HASTERT, Speaker of the House of Representatives. The SPEAKER pro tempore. Will the degree in English from the University f gentleman from New Jersey (Mr. of Chicago and has been widely pub- SMITH) come forward and lead the lished. PRAYER House in the Pledge of Allegiance. His warmth, his devotion, his humor The Reverend Dr. John S. Reist, Jr., Mr. SMITH of New Jersey led the and understanding make him an out- Professor of Christianity and Lit- Pledge of Allegiance as follows: standing counselor to his congregants erature, Hillsdale College, Hillsdale, I pledge allegiance to the Flag of the and his students. These qualities have Michigan, and Pastor, Somerset Con- United States of America, and to the Repub- led to a doubling of our congregation in gregational Church, Somerset, Michi- lic for which it stands, one nation under God, the 3 years since he came to our gan, offered the following prayer: indivisible, with liberty and justice for all. church. Almighty God, our Heavenly Father, f Reverend Reist is distinguished by we are grateful for the Members of this his love for his family, his church and House whom we have elected by Your MESSAGE FROM THE SENATE his college, and his ability to motivate Providence to do Your work. A message from the Senate by Mr. and cultivate those around him. I am We ask that You give Your wisdom Monahan, one of its clerks, announced proud to welcome him here today as to this House as they consider and de- that the Senate has passed with an our guest chaplain. bate. amendment in which the concurrence f We request that You grant to them, of the House is requested, a bill of the and through them, to us, the power to House of the following title: ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE choose the right and the will to do the H.R. 3061. An act making appropriations right, not only for us but for all man- for the Departments of Labor, Health and The SPEAKER pro tempore. The kind. Human Services, and Education, and related Chair will receive 15 one-minute We pray that whether in this House agencies for the fiscal year ending Sep- speeches on each side. or in far-off mountains and trenches or tember 30, 2002, and for other purposes. f in the skies or the corridors of power, The message also announced that the all of us might eventually and finally Senate insists upon its amendment to SALUTE TO THE WORLD SERIES rejoice that we in our time and in our the bill (H.R. 3061) ‘‘An Act making ap- PLAYERS, ARIZONA DIAMOND- place will have made out of this propriations for the Departments of BACKS AND NEW YORK YANKEES present challenging moment a memo- Labor, Health and Human Services, (Mr. HAYWORTH asked and was rable passage toward Your coming and Education, and related agencies for given permission to address the House kingdom of righteousness and peace. the fiscal year ending September 30, for 1 minute and to revise and extend We pray this in the name of Jesus 2002, and for other purposes,’’ requests his remarks.) Christ and for the sake of all human- a conference with the House on the dis- Mr. HAYWORTH. Mr. Speaker, there ity. Amen. agreeing votes of the two Houses there- is no doubt that this is a trying time in f on, and appoints Mr. HARKIN, Mr. HOL- our history. Questions of great moment THE JOURNAL LINGS, Mr. INOUYE, Mr. REID, Mr. KOHL, confront this House, and yet precisely Mrs. MURRAY, Ms. LANDRIEU, Mr. BYRD, The SPEAKER pro tempore. The because this is a time of national need, Mr. SPECTER, Mr. COCHRAN, Mr. GREGG, Chair has examined the Journal of the it is entirely appropriate that we focus Mr. CRAIG, Mrs. HUTCHISON, Mr. STE- last day’s proceedings and announces likewise on our national pastime be- VENS, and Mr. DEWINE, to be the con- to the House his approval thereof. cause the recently completed World Se- Pursuant to clause 1, rule I, the Jour- ferees on the part of the Senate. ries offers to millions of Americans nal stands approved. f more than just diversion and amuse- Mr. GIBBONS. Mr. Speaker, pursuant ment. It offers again reinforcement of EXTENDING A WELCOME TO THE to clause 1, rule I, I demand a vote on the positive characteristics of team- GUEST CHAPLAIN, THE REV- agreeing to the Speaker’s approval of work and rising to the task when the EREND DR. JOHN S. REIST, JR. the Journal. chips are down. The SPEAKER pro tempore. The (Mr. SMITH of Michigan asked and As one who is honored to represent question is on the Speaker’s approval was given permission to address the the great State of Arizona, I come to of the Journal. House for 1 minute.) this well today to salute the new world The question was taken; and the Mr. SMITH of Michigan. Mr. Speak- champion Arizona Diamondbacks. Speaker pro tempore announced that er, I rise to introduce our guest chap- Randy Johnson, Curt Schilling, abso- the ayes appeared to have it. lain today, and we certainly welcome lutely thrilling on the mound. Quite

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

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 21826 CONGRESSIONAL RECORD—HOUSE November 7, 2001 rationally and reasonably co-Most Val- filiated with the universities from Mr. SMITH of New Jersey. Mr. uable Players in the series. across the Nation. Also in attendance Speaker, time is running out for us to I salute likewise the American will be representatives from national stop mad scientists from cloning inno- League Champions New York Yankees research policy organizations and rep- cent human beings. because it is a simple notion in sports, resentatives from the National Insti- Infamous fertility specialist Severino to be the best, you have to beat the tute on Drug Abuse. Antinori is working with a team of sci- best, and that is what the The National Hispanic Science Net- entists right now to clone humans. He Diamondbacks accomplished as a team. work is working toward reducing recently told the BBC radio, and I So we salute the D-backs as World health disparities between Hispanics quote, I think in 3 or 4 months we will Champs. We salute the Yankees, and and other populations. This group is have the first pregnancy. Asked wheth- let us get back to work on behalf of the committed to involving Hispanic sci- er he would have a cloned human being American people. entists in federally supported research by September 2002, he said, I hope and f through mentoring, training, net- I believe. working and technical assistance op- Columnist Charles Krauthammer is GAO EMPLOYEES EPITOMIZE portunities. one of the many calling on the Senate PROFESSIONALISM Please join me in congratulating the to pass a human cloning ban. He re- (Mr. HOYER asked and was given National Hispanic Science Network on cently said, and I quote, ‘‘Sanity and permission to address the House for 1 Drug Abuse for its dedication in assist- prudence combined to produce a great minute.) ing Hispanics through research and victory on July 31 when the House of Mr. HOYER. Mr. Speaker, I rise on education. Representatives overwhelmingly de- behalf of all of the Members of the f feated—the margin was over 100 votes— House. It is not every day that Mem- the legalization of early human embry- bers of the House and their staffs have FORTRESS AMERICA onic cloning. But the fight is not over. to evacuate their congressional offices (Mr. FARR of California asked and The Senate needs to act as well.’’ due to an unseen but potentially lethal was given permission to address the Our government, Mr. Speaker, can- health hazard. In fact, as all of us House for 1 minute and to revise and not sit idly by as unethical scientists know, it was unprecedented. extend his remarks.) play God and redefine what it means to Today, on behalf of all of my col- Mr. FARR of California. Mr. Speaker, be a human. We cannot allow this vio- leagues, I want to express my sincere it is time for us to confront the double lation of human rights, this crime thanks to David Walker, the Comp- message we have sent the American against humanity, to take place on our troller General of the United States, people in the wake of the tragedy of watch. and all the dedicated employees of the September 11. We need a cloning ban and we need it General Accounting Office who were re- On one hand, we exhort Americans to now. located or otherwise inconvenienced to travel, spend money, go out on the f accommodate Members and their staffs town and help revive the sagging econ- AMERICA’S GREATEST PASTIME while House office buildings underwent omy. On the other hand, when they (Mr. TRAFICANT asked and was precautionary testing for anthrax. come to the Nation’s Capitol, they find given permission to address the House Those employees’ graciousness and it closed, locked and off limits. for 1 minute and to revise and extend patience demonstrated their teamwork What kind of example are we setting his remarks.) and the fact that their important work for America’s museum of democracy? Mr. TRAFICANT. Mr. Speaker, base- was uninterrupted when thousands, I Is ours a government of by and for the ball will eliminate two teams. Some emphasize, Mr. Speaker, thousands of people or a government that lives be- surprise. Tickets average 50 bucks. A us descended on GAO headquarters, is a hind heavily guarded, closed doors? program is $10; popcorn, $5; parking, tribute to their professionalism and to When Americans come to Wash- $20. A hot dog and a beer cost about $10 their Americanism. It also reinforced ington, D.C., they get the same dreary to $12 at most stadiums. Beam me up. our American ethic that, working to- refrain at the White House, the FBI The umpire said, ‘‘Play ball,’’ not ‘‘mo- gether, there is little that we cannot and the Supreme Court: Closed to the nopoly.’’ do. public. When they come to the House of When a family of four needs a second Again, Mr. Speaker, on behalf of the Representatives they find their Mem- mortgage to go see a baseball game in entire House, I thank David Walker, all ber of Congress can no longer provide a America, it does not take Dr. Ruth to of the employees at GAO for their co- guided tour of the storied corridors, explain to major league baseball what operation, their graciousness and their the Capitol dome or the old Senate has gone wrong. I yield back what is facilitation of the business of America. Chamber. Instead our visitors are sent left of America’s great pastime after f for 10 minutes to sit by themselves in the greatest World Series perhaps in the gallery. NATIONAL HISPANIC SCIENCE our history. Mr. Speaker, there are those who say NETWORK f we need a Capitol littered with jersey (Ms. ROS-LEHTINEN asked and was barriers, ugly fences and awful planters STIMULUS PACKAGE FOR given permission to address the House so we can feel safe in our fortress, but AMERICA for 1 minute and to revise and extend I say we should not let security con- (Mr. SAM JOHNSON of Texas asked her remarks.) cerns rob us of the freedom to partici- and was given permission to address Ms. ROS-LEHTINEN. Mr. Speaker, I pate in and petition the government. If the House for 1 minute and to revise am pleased to announce that the Na- terrorists can wander all the way to and extend his remarks.) tional Hispanic Science Network on the Capitol without being discovered, Mr. SAM JOHNSON of Texas. Mr. Drug Abuse is holding its first annual we really are in desperate straits. Speaker, over in the Senate, the major- conference on Hispanic Drug Abuse Re- Mr. Speaker, when will you give the ity leader said of our stimulus package search this weekend here in Wash- American people back their Nation’s it is not a front-burner issue as other ington, D.C. Capitol? legislation is, particularly government The mission of the National Hispanic f spending. Science Network is to foster bio- On behalf of the nearly 7.7 million medical research on drug abuse among HUMAN CLONING unemployed Americans, that is just Hispanics and to facilitate its applica- (Mr. SMITH of New Jersey asked and plain wrong. These people know that tion to public health. was given permission to address the bills do not stop coming just because This conference will share its find- House for 1 minute and to revise and someone stops working. These people ings with prominent investigators af- extend his remarks.) need relief and they need it now.

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21827 We need to give our economy a much- whose families are supported by ex- this year, the House of Representatives needed boost. Giving people the kind of ports from Illinois. Together, they ex- said so. economic security with more money ported more than $32 billion in goods The few scientists who promote will do just that. and services to some 208 foreign coun- cloning call it progress. Well, I want to The House-passed tax bill will give tries last year. remind my colleagues that years ago the average family of four approxi- It is important to realize that these Adolf Hitler employed the science of mately 944 more dollars every year. individuals not only are helping to eugenics and also called it progress. That is nearly $1,000 to pay off credit, keep our State’s and Nation’s economy The Nazis wanted to create a race of school, charity or save for retirement. rolling, they are sharing America’s German supermen, the way dog breed- That is a car payment, insurance and best with the world. Numbering more ers try to breed championship dogs. gas for a month. than 400,000, these workers expect their That was wrong. It was stopped, and it TOM DASCHLE was wrong. To the government to do everything in its has not been tried again. 700,000 who filed for unemployment last power to protect their markets and Now we have a few rogue scientists month alone, economic security is a new opportunities. trying to clone human beings. We can- front-burner issue. I urge the Senate Unfortunately, America’s trade nego- not stop Dr. Zavos, only the Govern- majority leader to think about the 7.7 tiators lack the one essential tool, ment of Cyprus can do that, but we can million unemployed and make eco- trade promotion authority, or TPA, stop the scientists in this country who nomic security a front-burner issue. that they need to make the deals that are trying to do the same thing. f eliminate barriers to trade and open The other body needs to bring this doors to new marketplaces. bill up for a vote before it is too late. b 1015 Make no mistake, our foreign com- f petitors have this authority and they ANNOUNCEMENT BY THE SPEAKER ECOTERRORISM PRO TEMPORE use it to their advantage. Of the more than 130 free trade agreements in force (Mr. GIBBONS asked and was given The SPEAKER pro tempore (Mr. today, the U.S. is party to just three. If permission to address the House for 1 SHAW). Members are reminded they this were the military, we would be minute and to revise and extend his re- should not mention the remarks of charged as AWOL. marks.) Members of or quote from the other Mr. Speaker, we cannot let our ex- Mr. GIBBONS. Mr. Speaker, in spite body. porting companies and their workers of the ongoing war that America is f down. Let us pass H.R. 3005. waging against terrorism in Afghani- stan, we continue to face ecological SUPPORT TRAVEL AMERICA NOW f terrorist attacks right here at home. ACT NOW IS THE TIME TO PASS HATE Just last month, ecoterrorists used (Mr. LANGEVIN asked and was given CRIME LEGISLATION timed fire bombs to attack and destroy permission to address the House for 1 (Ms. WOOLSEY asked and was given a Federal facility near the California- minute and to revise and extend his re- permission to address the House for 1 Nevada border in order to protest Fed- marks.) minute and to revise and extend her re- eral efforts to round up and control ex- Mr. LANGEVIN. Mr. Speaker, the marks.) cess wild horses. time has come to address the dev- Ms. WOOLSEY. Mr. Speaker, since Ecoterrorism, Mr. Speaker, continues astating impact the terrorist attacks the tragedy of September 11, young to grow as Web sites teach disciples have had on our travel and tourism in- children are being spit on, called how to manufacture and use these fire dustry, which is vital to America and names, harassed, and hurt because they bombs. These deadly terrorist attacks, to Rhode Island. are Muslim or they look like they like Ted Kaczynski’s, have already Last year, this industry attracted might be Muslim. killed or wounded American citizens over 15 million visitors and generated State governments and local police and destroyed millions of dollars of over $3.2 billion in Rhode Island and need the tools to fight and prosecute public and private property. nearly $600 billion nationwide. It em- these hate crimes. We must elevate the Although the national media has vir- ploys 61,000 Rhode Islanders and more status of hate crimes within Federal tually ignored this issue, the American than 19 million people across the coun- law to ensure that the punishment fits people are forced to deal with its very try. the seriousness of the crime. real consequences. We must prove by The Travel America Now Act, spon- We must set an example for young our actions that we know how to deal sored by my colleague, the gentleman people that we do not tolerate hate; with this deadly terrorism; and we from Arizona (Mr. SHADEGG), encour- that they are protected; and that they must show that regardless of its ages Americans to resume travel and can feel safe and they will be secure. source, target, or motive, it will be provides targeted tax relief to busi- Now is the time to pass hate crime leg- eliminated. nesses and consumers. islation. As the President has said, we must We reacted quickly to help the air- f eliminate all terrorist cells at home lines. Now Congress must do the same and abroad by exposing them and those CONGRESS SHOULD BAN CLONING for the millions of businesses and peo- who harbor and support them until our ple who are indirectly affected by the (Mr. PITTS asked and was given per- Nation is rid of this growing evil. attacks and are in equal need of assist- mission to address the House for 1 f ance. Not only will this bill strengthen minute and to revise and extend his re- the travel and tourism industry but marks.) TRADE PROMOTION AUTHORITY also the American spirit. Mr. PITTS. Mr. Speaker, a month (Mr. KNOLLENBERG asked and was f ago, a Dr. Zavos of Cyprus announced given permission to address the House that he expected to be able to create a for 1 minute and to revise and extend SUPPORT TRADE PROMOTION cloned human being within 3 or 4 his remarks.) AUTHORITY months. That means 2 or 3 months Mr. KNOLLENBERG. Mr. Speaker, (Mrs. BIGGERT asked and was given from now. leadership is only proven through ac- permission to address the House for 1 Mr. Speaker, cloning human beings is tion. And time after time in its his- minute and to revise and extend her re- wrong. Cloning human beings is im- tory, the United States has proven marks.) moral. Any scientist who intends to itself a leader. But as we lead the world Mrs. BIGGERT. Mr. Speaker, I rise clone a human being should be stopped. in an effort to eradicate terrorism, we today on behalf of the workers, farm- The scientific community says so, the risk advocating our position of leader- ers, and entrepreneurs of my State American people say so, and earlier ship in an area that is just as vital to

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 21828 CONGRESSIONAL RECORD—HOUSE November 7, 2001 America’s well-being: international bad science, science that went through I am proud to note that my home- trade. Or spelled another way: jobs. 277 deeply mutilated animals before town of Spokane, Washington, will be National security and economic secu- Dolly the sheep was conceived and represented by more than 50 fire- rity are not mutually exclusively. With birthed successfully. fighters who will pay their own way to more than 130 preferential trade agree- It is unthinkable that we would not stand with their brethren at this me- ments in the world today, shockingly, act on this House’s call to ban human morial service. To put New York’s loss shockingly, the United States is a cloning; that we would not respond to in perspective, the city lost as many party to only three. the President’s thoughtful message to firefighters in a day as Spokane has in This disparity has real consequences the world in August that we must its entire department. for us at home. American workers, think deeply, we must legislate As we honor those who have passed, manufacturers, and producers are los- thoughtfully along the fault lines of re- we may also look to those who have ing markets for their products and in- ligion, morality, and technology. survived. We in the House unanimously come for their families. For their sake, I urge our colleagues in the other passed a Victims Tax Relief Act, the we must take action to turn this body to move and to move now on ban- HEROS Act, which provides relief from around. ning human cloning in the United Federal education loans to surviving Fortunately, Congress does have a States of America. families, and legislation expediting chance to pick up the mantle of leader- f Federal payments to the survivors of ship once again by passing trade pro- public safety officers. We should also motion authority. I urge all my col- ANNOUNCEMENT BY THE SPEAKER honor the fallen heroes of New York by leagues to join me in supporting Amer- PRO TEMPORE strengthening our public safety pro- ica’s leadership role in the world by The SPEAKER pro tempore. Mem- grams. supporting TPA. bers are instructed not to urge action As a member of the Congressional f through the other body. Fire Services Caucus, which has done CONGRESS SHOULD BAN CLONING f so much to educate Members on these issues, I support legislation introduced (Mr. LARGENT asked and was given BAN HUMAN CLONING by the gentleman from Delaware (Mr. permission to address the House for 1 CASTLE) which would allow Good Sa- minute and to revise and extend his re- (Mr. RYUN of Kansas asked and was given permission to address the House maritans to donate equipment to fire marks.) departments. Mr. LARGENT. Mr. Speaker, science for 1 minute and to revise and extend his remarks.) Federal resources are also important. is a wonderful thing. Who would have Last year, we provided $100 million in thought a couple of generations ago Mr. RYUN of Kansas. Mr. Speaker, we stand at the threshold of discovery. grant equipment, and I support addi- that a man would go to the Moon, or tional funding this year. I commend we would have a vaccine for polio. The However, there is a line that science must not cross. the service of firefighters and am proud work our scientists do in labs have to acknowledge the efforts of those brought great things into the world. Human cloning threatens the phys- ical identity of people, it violates their serving the Spokane community and But we have also learned that just be- all of eastern Washington. cause something is possible does not rights, and it demeans their unique in- dividuality. In fact, even most sci- mean we should do it. Science has to be f governed by morality. entists admit that most attempts to The cloning of human beings is a case clone would end in failure. By allowing in point. Just because we can clone a this practice, we are condoning mass SUPPORT ECONOMIC STIMULUS human being, does not mean we should. creation and the destruction of human PACKAGE life. Experimenting with human life is (Mr. HAYES asked and was given The truth is, we do not know what all wrong. Cloning human lives, whether permission to address the House for 1 the consequences of cloning a person for experiments or reproduction, is a minute and to revise and extend his re- really are. But we do know that line we simply should not cross. marks.) cloning raises serious ethical and Earlier this year, the House voted Mr. HAYES. Mr. Speaker, last week moral questions. The excuse of advanc- overwhelmingly to make it illegal; but we passed an economic stimulus bill to ing science is not really worth the risk until the other body brings it up for a bolster our economy and stop the hem- in this case. vote, that ban cannot become law. We orrhaging of jobs that is going on Time is of the essence. Scientists say are in a race with time. Our colleagues around our Nation. Thousands of resi- that cloned human babies could be in the other body must bring this bill dents of North Carolina’s eighth dis- born next year. Earlier this year, the up for a vote as soon as possible. trict have lost their jobs, especially in House passed a vote to ban human We need to get this bill to the Presi- textiles and other manufacturing cloning in the United States. I urge my dent’s desk before it is too late. plants. f colleagues in the other body to follow along and to vote to ban human Given the current state of the econ- CONGRESS SHOULD BAN CLONING cloning. omy, one would think passing this leg- islation would be one of the top prior- (Mr. PENCE asked and was given per- We must respect life or risk reaching a moral point of no return. ities of Congress. But, Mr. Speaker, we mission to address the House for 1 read that the Senate majority leader minute and to revise and extend his re- f thinks that a bill to save jobs is not a marks.) front-burner issue. Mr. PENCE. Mr. Speaker, after dec- HONOR FALLEN HEROES OF NEW ades of Christian education and reli- YORK b gious study, there are two things that (Mr. NETHERCUTT asked and was 1030 I know for sure: number one, there is a given permission to address the House Needless to say, we have different God; and number two, I am not Him. for 1 minute and to revise and extend priorities. Getting Americans back to The entire debate over human cloning his remarks.) work and creating more jobs is a front- flies in the face of these two great Mr. NETHERCUTT. Mr. Speaker, on burner issue with me, and I hope it is a truths. November 18, 2001, firefighters from front-burner issue with a majority of Many Americans learned, after this around the world will gather in New Members of Congress. It is imperative institution banned human cloning ear- York City to honor the memories of that we act now so the President can lier this year, that we are truly close the 344 emergency service personnel sign this bill and we can get our econ- to this moral horror, a horror that uses who lost their lives on September 11. omy moving forward once again.

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21829 APPOINTMENT OF CONFEREES ON quired to generate jobs, and provide the serv- The Clerk read the title of the bill. H.R. 2506, FOREIGN OPERATIONS, ices, infrastructure, and social supports nec- The SPEAKER pro tempore. The EXPORT FINANCING, AND RE- essary to sustain livable and stable environ- question is on the motion offered by LATED PROGRAMS APPROPRIA- ments. Cities will be sources of crime and in- the gentleman from California (Mr. TIONS ACT, 2002 stability as ethnic and religious differences ex- ROYCE) that the House suspend the Mr. KOLBE. Mr. Speaker, I ask unan- acerbate the competition for ever scarcer jobs rules and pass the bill, H.R. 2998, as imous consent to take from the Speak- and resources.’’ amended, on which the yeas and nays er’s table the bill (H.R. 2506) making Foreign assistance programs are critically are ordered. appropriations for foreign operations, important if cities in developing nations are to The vote was taken by electronic de- export financing and related programs meet the demands of their rapidly growing vice, and there were—yeas 405, nays 2, for the fiscal year ending September 30, populations. We need to help them build the not voting 25, as follows: 2002, and for other purposes, with a capacity to provide basic infrastructure needs, [Roll No. 429] Senate amendment thereto, disagree to promote economic growth, reduce environ- YEAS—405 the Senate amendment, and agree to mental degradation, and improve health serv- ices for their residents. Programs that focus Abercrombie Davis (FL) Hinojosa the conference asked by the Senate. Ackerman Davis (IL) Hobson The SPEAKER pro tempore (Mr. on not only the symptoms but also the causes Aderholt Davis, Jo Ann Hoeffel Akin Davis, Tom Hoekstra SHAW). Is there objection to the request of growing poverty and social unrest are our best defense against increasing human misery Allen Deal Holden of the gentleman from Arizona? The Andrews DeFazio Holt Chair hears none and, without objec- and global instability. Armey DeGette Honda tion, appoints the following conferees: It is clear that we need additional resources Baca Delahunt Hooley to enable the U.S. Agency for International Bachus DeLauro Horn Messrs. KOLBE, CALLAHAN, KNOLLEN- Development to address these challenges. Baird DeMint Hostettler BERG, KINGSTON, LEWIS of California, Baker Deutsch Houghton Last year, its Office of Environment and Urban WICKER, BONILLA, SUNUNU, YOUNG of Baldacci Diaz-Balart Hoyer Programs operated on a budget of $4 mil- Baldwin Dicks Hulshof Florida, Mrs. LOWEY, Ms. PELOSI, Mr. lion—the cost of four cruise missiles—down Barcia Dingell Hunter JACKSON of ILLINOIS, Ms. KILPATRICK, from an $8 million budget in 1993. This steady Barr Doggett Hyde MR. ROTHMAN, and Mr. OBEY. Barrett Dooley Inslee There was no objection. pattern of disinvestment, which continues into Bartlett Doolittle Isakson Mr. BLUMENAUER. Mr. Speaker, I very this fiscal year, is dangerously eroding our Bass Doyle Israel ability to address urban problems just as they Becerra Dreier Issa much appreciated the indulgence of the Chair- Bentsen Duncan Istook man and Ranking Member of the Foreign Op- are becoming more critical to our own national Bereuter Dunn Jackson (IL) erations Appropriations Subcommittee earlier security. Berkley Edwards Jefferson this year when we considered this appropria- Increased funding for the Office of Environ- Berman Ehlers Jenkins ment and Urban Programs would permit AID Berry Emerson John tion on the House floor. We engaged then in Biggert English Johnson (CT) a colloquy regarding the importance of funding to build on its past successes and would en- Bilirakis Eshoo Johnson (IL) for the U.S. Agency for International Develop- courage and strengthen the involvement of our Bishop Etheridge Johnson, E. B. public and private sector partners in these crit- Blagojevich Evans Johnson, Sam ment’s Office of Environment and Urban Pro- Blumenauer Everett Jones (NC) grams. ical activities. Blunt Farr Kaptur I believe this is one of the important non- I have asked Secretary Powell to provide in- Boehlert Fattah Keller military components of the war on terrorism. formation from AID identifying the role cities Boehner Ferguson Kelly will play in economic, security, and social de- Bonilla Filner Kennedy (MN) When Secretary of State Powell appeared be- Bonior Flake Kennedy (RI) fore our International Relations Committee late velopment issues and its intended response to Bono Foley Kerns last month, he and I shared an exchange re- the growing urban crises, including a descrip- Borski Forbes Kildee Boswell Ford Kind (WI) garding the importance of investing in infra- tion of current funding and staffing levels as well as projected future needs. Boucher Fossella King (NY) structure, human capital, and entry-level in- Boyd Frank Kingston I look forward to continuing to work with dustries in the urbanized regions of the devel- Brady (PA) Frelinghuysen Kirk Chairman KOLBE’s Subcommittee, and with my oping world. As someone whose public serv- Brady (TX) Frost Kleczka own Committee, the House International Rela- Brown (FL) Gallegly Knollenberg ice has focused on livable communities in the tions Committee to strengthen funding for this Brown (SC) Ganske Kolbe United States, I’ve been increasingly con- Bryant Gekas Kucinich vital purpose. AID allocates resources inter- cerned about the urgent international implica- Burr Gephardt LaFalce nally to its Office of Environment and Urban Buyer Gibbons LaHood tions. Programs. I hope its funding will be consider- Callahan Gilchrest Lampson The cities of our world are already over- Calvert Gillmor Langevin whelmed by human needs and economic in- ably higher for FY02 than the $4 million it was Camp Gilman Lantos stability. Today, 30 percent of urban residents given in FY01. Cannon Gonzalez Largent f Cantor Goode Larsen (WA) throughout the world lack access to safe drink- Capito Goodlatte Larson (CT) ing water; waterborne disease kills 5–12 mil- ANNOUNCEMENT BY THE SPEAKER Capps Gordon Latham lion people each year; 50 per cent do not PRO TEMPORE Capuano Goss LaTourette have adequate sanitation facilities. These con- Cardin Graham Leach The SPEAKER pro tempore. Pursu- Carson (IN) Granger Lee ditions are getting worse by the day. Within ant to clause 8 of rule XX, and the Carson (OK) Graves Levin the next 25 years, 2.5 billion more people will Chair’s prior announcement, the Chair Castle Green (TX) Lewis (CA) move to cities throughout the world; 95 per- Chabot Green (WI) Lewis (GA) will now put two of the questions on Chambliss Greenwood Lewis (KY) cent of this movement will occur in developing which further proceedings were post- Clay Grucci Linder nations. Here, the poverty, malnutrition, and poned yesterday in the following order: Clayton Gutierrez Lipinski chronic diseases of rural areas will become fo- Clement Gutknecht LoBiondo H.R. 2998 by the yeas and nays, and Clyburn Hall (OH) Lowey cused in new ‘‘mega-cities’’ of 10–20 million H.R. 852 by the yeas and nays. Coble Hall (TX) Lucas (KY) people, creating an even greater strain on nat- The Chair will reduce to 5 minutes Combest Hansen Lucas (OK) ural resources, human health, economic well- the time for the second electronic vote Condit Harman Luther being—and the stability—of these nations and Cooksey Hart Lynch in this series. Costello Hastings (FL) Maloney (CT) the entire world. f Cox Hastings (WA) Maloney (NY) This dangerous trend has not gone unno- Coyne Hayes Manzullo ticed. In its Outlook 2015 Report, the CIA RADIO FREE AFGHANISTAN ACT Cramer Hayworth Markey ranked rapid urbanization as one of its top OF 2001 Crenshaw Hefley Mascara Crowley Herger Matheson seven security concerns. ‘‘The explosive The SPEAKER pro tempore. The un- Culberson Hill Matsui growth of cities in the developing countries,’’ finished business is the question of sus- Cummings Hilleary McCarthy (MO) the report concludes, ‘‘will test the capacity of pending the rules and passing the bill, Cunningham Hilliard McCarthy (NY) governments to stimulate the investment re- H.R. 2998, as amended. Davis (CA) Hinchey McCollum

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 21830 CONGRESSIONAL RECORD—HOUSE November 7, 2001 McCrery Pryce (OH) Souder tained in my district and missed rollcall vote Gutknecht Mascara Ryun (KS) McDermott Putnam Spratt Hall (OH) Matheson Sabo McGovern Quinn Stark No. 429. If I had not missed rollcall vote No. Hall (TX) Matsui Sanchez McHugh Radanovich Stearns 429, I would have voted ‘‘aye.’’ Hansen McCarthy (MO) Sanders McInnis Rahall Stenholm f Harman McCarthy (NY) Sandlin McIntyre Ramstad Stump Hart McCollum Sawyer McKeon Rangel Stupak Hastings (FL) McCrery Saxton McKinney Regula Sununu ANNOUNCEMENT BY THE SPEAKER Hastings (WA) McDermott Schaffer McNulty Rehberg Tancredo PRO TEMPORE Hayes McGovern Schakowsky Meehan Reyes Hayworth McHugh Schiff Tanner The SPEAKER pro tempore (Mr. Menendez Reynolds Tauscher Hefley McInnis Schrock Mica Riley Tauzin SHAW). Pursuant to the provisions of Herger McIntyre Scott Millender- Rivers Taylor (MS) clause 8 of rule XX, the Chair will re- Hill McKeon Sensenbrenner McDonald Rodriguez Taylor (NC) duce to 5 minutes the minimum time Hilleary McKinney Serrano Miller, Dan Roemer Terry Hilliard McNulty Shadegg Miller, Gary Rogers (KY) Thomas for electronic voting on this next ques- Hinchey Menendez Shaw Miller, George Rogers (MI) Thompson (CA) tion. Hinojosa Mica Shays Miller, Jeff Rohrabacher Hobson Millender- Sherman Thompson (MS) Mink Ros-Lehtinen f Hoeffel McDonald Sherwood Thornberry Mollohan Ross Hoekstra Miller, Dan Shimkus Thune Moore Rothman Holden Miller, Gary Shows Thurman NATHANIEL R. JONES AND FRANK Moran (KS) Roukema Holt Miller, George Shuster Tiahrt J. BATTISTI FEDERAL BUILDING Morella Royce Honda Miller, Jeff Simmons Tiberi Murtha Rush AND UNITED STATES COURT- Hooley Mink Simpson Tierney Myrick Ryan (WI) HOUSE Horn Mollohan Skeen Toomey Nadler Ryun (KS) Hostettler Moore Skelton Towns Napolitano Sabo The SPEAKER pro tempore. The un- Houghton Moran (KS) Slaughter Traficant Neal Sanchez finished business is the question of sus- Hoyer Morella Smith (MI) Turner Nethercutt Sanders pending the rules and passing the bill, Hulshof Murtha Smith (NJ) Ney Sandlin Udall (CO) Hunter Nadler Smith (TX) Northup Sawyer Udall (NM) H.R. 852. Hyde Napolitano Smith (WA) Norwood Saxton Upton The Clerk read the title of the bill. Inslee Neal Snyder ´ Nussle Schaffer Velazquez The SPEAKER pro tempore. The Isakson Nethercutt Solis Visclosky Oberstar Schakowsky question is on the motion offered by Israel Ney Souder Obey Schiff Vitter Issa Northup Spratt Olver Schrock Walden the gentleman from Montana (Mr. Istook Norwood Stark Ortiz Scott Walsh REHBERG) that the House suspend the Jackson (IL) Nussle Stearns Osborne Sensenbrenner Wamp rules and pass the bill, H.R. 852, on Jefferson Oberstar Stenholm Ose Serrano Waters Jenkins Obey Stump Otter Shadegg Watkins (OK) which the yeas and nays are ordered. John Olver Stupak Owens Shaw Watson (CA) This is a 5-minute vote. Johnson (CT) Ortiz Sununu Oxley Shays Watt (NC) The vote was taken by electronic de- Johnson (IL) Osborne Tancredo Pascrell Sherman Watts (OK) vice, and there were—yeas 410, nays 0, Johnson, E. B. Ose Tanner Pastor Sherwood Waxman Johnson, Sam Otter Tauscher Payne Shimkus Weiner not voting 22, as follows: Jones (NC) Owens Tauzin Pelosi Shows Weldon (FL) [Roll No. 430] Kanjorski Oxley Taylor (MS) Pence Shuster Weldon (PA) Kaptur Pascrell Taylor (NC) Peterson (MN) Simmons Weller YEAS—410 Keller Pastor Terry Peterson (PA) Simpson Wexler Abercrombie Calvert Dooley Kelly Paul Thomas Petri Skeen Whitfield Ackerman Camp Doolittle Kennedy (MN) Payne Thompson (CA) Phelps Skelton Wicker Aderholt Cannon Doyle Kennedy (RI) Pelosi Thompson (MS) Pickering Slaughter Wilson Akin Cantor Dreier Kerns Pence Thornberry Pitts Smith (MI) Wolf Allen Capito Duncan Kildee Peterson (MN) Thune Platts Smith (NJ) Woolsey Andrews Capps Dunn Kind (WI) Peterson (PA) Thurman Pombo Smith (TX) Wu Armey Capuano Edwards King (NY) Petri Tiahrt Pomeroy Smith (WA) Wynn Baca Cardin Ehlers Kingston Phelps Tiberi Portman Snyder Young (FL) Bachus Carson (IN) Ehrlich Kirk Pickering Tierney Price (NC) Solis Baird Carson (OK) Emerson Kleczka Pitts Toomey Baker Castle English Knollenberg Platts Towns NAYS—2 Baldacci Chabot Eshoo Kolbe Pombo Traficant Collins Paul Baldwin Chambliss Etheridge Kucinich Pomeroy Turner Barcia Clay Evans LaFalce Portman Udall (CO) NOT VOTING—25 Barr Clayton Everett LaHood Price (NC) Udall (NM) Ballenger Engel Meeks (NY) Barrett Clement Farr Lampson Pryce (OH) Upton Barton Fletcher Moran (VA) Bartlett Clyburn Fattah Langevin Putnam Vela´ zquez Brown (OH) Jackson-Lee Pallone Barton Coble Ferguson Lantos Quinn Visclosky Burton (TX) Roybal-Allard Bass Collins Filner Largent Radanovich Vitter Conyers Jones (OH) Sessions Becerra Combest Flake Larsen (WA) Rahall Walden Bentsen Condit Foley Larson (CT) Ramstad Walsh Crane Kanjorski Strickland Bereuter Cooksey Forbes Latham Rangel Wamp Cubin Kilpatrick Sweeney Berkley Costello Ford LaTourette Regula Waters DeLay Lofgren Young (AK) Ehrlich Meek (FL) Berman Cox Fossella Leach Rehberg Watkins (OK) Berry Coyne Frank Lee Reyes Watson (CA) b 1055 Biggert Cramer Frelinghuysen Levin Reynolds Watt (NC) Bilirakis Crane Frost Lewis (CA) Riley Watts (OK) So (two-thirds having voted in favor Bishop Crenshaw Gallegly Lewis (GA) Rivers Waxman thereof) the rules were suspended and Blagojevich Crowley Ganske Lewis (KY) Rodriguez Weiner the bill, as amended, was passed. Blumenauer Culberson Gekas Linder Roemer Weldon (FL) The result of the vote was announced Blunt Cummings Gephardt Lipinski Rogers (KY) Weldon (PA) Boehlert Cunningham Gibbons LoBiondo Rogers (MI) Weller as above recorded. Boehner Davis (CA) Gilchrest Lowey Rohrabacher Wexler A motion to reconsider was laid on Bonilla Davis (FL) Gillmor Lucas (KY) Ros-Lehtinen Whitfield the table. Bonior Davis (IL) Gilman Lucas (OK) Ross Wicker Stated for: Bono Davis, Jo Ann Gonzalez Luther Rothman Wilson Borski Davis, Tom Goode Lynch Roukema Wolf Ms. ROYBAL-ALLARD. Mr. Speaker, due to Boswell Deal Goodlatte Maloney (CT) Roybal-Allard Woolsey a scheduling conflict on the morning of No- Boucher DeFazio Gordon Maloney (NY) Royce Wu vember 7, I was not present for rollcall vote Boyd DeGette Goss Manzullo Rush Wynn Brady (PA) Delahunt Graham Markey Ryan (WI) Young (FL) 429, on H.R. 2998, to authorize the establish- Brady (TX) DeLauro Granger ment of Radio Free Afghanistan. Had I been Brown (FL) DeMint Graves NOT VOTING—22 present, I would have voted ‘‘yea’’ on this leg- Brown (SC) Deutsch Green (TX) Ballenger Cubin Jackson-Lee islation. Bryant Diaz-Balart Green (WI) Brown (OH) DeLay (TX) Burr Dicks Greenwood Burton Engel Jones (OH) Ms. JACKSON-LEE of Texas. Mr. Speaker, Buyer Dingell Grucci Conyers Fletcher Kilpatrick on roll call No. 429, I was unavoidably de- Callahan Doggett Gutierrez

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21831 Lofgren Moran (VA) Strickland on the bill, as amended, and on any further men and they always did it with a Meehan Myrick Sweeney amendment thereto to final passage without great deal of humor, and quite frankly, Meek (FL) Pallone Young (AK) intervening motion except: (1) one hour of Meeks (NY) Sessions all of us miss them a lot. debate on the bill, as amended, equally di- While he was a Member, Chairman b 1105 vided and controlled by the chairman and Solomon was also a strong advocate for ranking minority member of the Committee So (two-thirds having voted in favor on International Relations; (2) a further NATO. Indeed, during his last year on thereof) the rules were suspended and amendment in the nature of a substitute the Hill, he even published a book the bill was passed. printed in the Congressional Record pursu- about NATO expansion. It is fitting, The result of the vote was announced ant to clause 8 of rule XVIII, if offered by therefore, that we honor Mr. Solomon as above recorded. Representative Lantos of California or his with this bill today. A motion to reconsider was laid on designee, which shall be considered as read I urge my colleagues to support this the table. and shall be separately debatable for one rule, as well as the underlying legisla- hour equally divided and controlled by the tion. Stated for: proponent and an opponent; and (3) one mo- Ms. JACKSON-LEE of Texas. Mr. Speaker, Mr. Speaker, I reserve the balance of tion to recommit with or without instruc- my time. on rollcall No. 430, I was unavoidably detained tions. Mr. HALL of Ohio. Mr. Speaker, I in my District. Had I been present, I would The SPEAKER pro tempore. The gen- have voted ‘‘yea.’’ yield myself such time as I may con- tlewoman from North Carolina (Mrs. sume. f MYRICK) is recognized for 1 hour. Mr. Speaker, I want to thank the Mrs. MYRICK. Mr. Speaker, for the PERSONAL EXPLANATION gentlewoman from North Carolina purpose of debate only, I yield the cus- (Mrs. MYRICK) for yielding me time. Mr. FLETCHER. Mr. Speaker, on rollcall tomary 30 minutes to the gentleman Mr. Speaker, this is a modified closed Nos. 429 and 430, I was inadvertently de- from Ohio (Mr. HALL), pending which I rule. It will allow for the consideration tained. Had I been present, I would have yield myself such time as I may con- of the Gerald B. H. Solomon Freedom voted ‘‘yea’’ on both measures. sume. During consideration of this res- Consolidation Act of 2001. f olution, all time yielded is for the pur- As my colleague from North Carolina pose of debate only. has described, this rule provides for 1 ELECTION OF MEMBERS TO CER- Mr. Speaker, yesterday the Com- hour of general debate, to be equally TAIN STANDING COMMITTEES OF mittee on Rules met and granted a divided and controlled by the chairman THE HOUSE modified closed rule for consideration and ranking minority member of the Mr. FROST. Mr. Speaker, by direc- of the Gerald Solomon Freedom Con- Committee on International Relations. tion of the Democratic Caucus, I offer solidation Act. The rule provides for 1 This rule will permit a Democratic sub- a privileged resolution (H. Res. 278) and hour of debate in the House, equally di- stitute, if offered by the committee’s ask for its immediate consideration. vided and controlled by the chairman ranking minority member. No other The Clerk read the resolution, as fol- and ranking minority member of the amendments may be offered from the lows: Committee on International Relations. House floor. H. RES. 278 The rule waives all points of order The bill expresses the support of Con- Resolved, That the following named Mem- against consideration of the bill. gress for expanding the number of bers be, and are hereby, elected to the fol- The rule provides that the amend- members of the North Atlantic Treaty lowing standing committees of the House of ment recommended by the Committee Organization. It recognizes the impor- Representatives: on International Relations now printed tance of admitting seven specific na- Committee on Government Reform: Mr. in the bill shall be considered as adopt- tions in Central and Eastern Europe. Lynch of Massachusetts, to rank after Mr. ed. The rule provides for consideration This legislation is in keeping with the Clay of Missouri; and of only the amendment in the nature of Committee on Veterans’ Affairs: Mr. vision expressed by both President a substitute printed in the CONGRES- Lynch of Massachusetts, to rank after Mr. Clinton and President Bush. Rodriguez of Texas; and Ms. Davis of Cali- SIONAL RECORD, if offered by the gen- I want to take this opportunity to ex- fornia, to rank after Mr. Udall of New Mex- tleman from California (Mr. LANTOS) or press my sadness at the loss of former ico. his designee, which shall be considered House Member and Committee on The resolution was agreed to. as read and shall be debatable for 1 Rules chairman Jerry Solomon, who A motion to reconsider was laid on hour, equally divided and controlled by died last month of heart failure. Jerry the table. the proponent and an opponent. and I often found ourselves on different f Finally, the rule provides for one mo- sides of the issue, but we were fully tion to recommit, with or without in- united in our respect for the House of PROVIDING FOR CONSIDERATION structions. Representatives and our role in leading OF H.R. 3167, GERALD B. H. SOL- Mr. Speaker, this is a noncontrover- the Nation. OMON FREEDOM CONSOLIDATION sial rule for a noncontroversial, but Jerry was a man of honor and integ- ACT OF 2001 important, bill. The Gerald Solomon rity. He spoke his heart and he stood Freedom Consolidation Act endorses Mrs. MYRICK. Mr. Speaker, by direc- up for his beliefs without hesitation. It the work of President Bush and Presi- tion of the Committee on Rules, I call is fitting that this bill is named in his dent Clinton to expand NATO into up House Resolution 277 ask for its im- memory. Eastern Europe. It also authorizes mediate consideration. With that, I urge the adoption of the military assistance to seven potential The Clerk read the resolution, as fol- rule and of the underlying. NATO members. Mr. Speaker, I reserve the balance of lows: Mr. Speaker, during its markup of Resolved, That upon the adoption of this my time. resolution it shall be in order without inter- this measure, the Committee on Inter- Mrs. MYRICK. Mr. Speaker, I yield vention of any point of order to consider in national Relations passed one amend- such time as he may consume to the the House the bill (H.R. 3167) to endorse the ment, an amendment to name H.R. 3167 gentleman from California (Mr. vision of further enlargement of the NATO after our former Committee on Rules DREIER), the chairman of the Com- Alliance articulated by President George W. chairman, Gerald Solomon. Chairman mittee on Rules. Bush on June 15, 2001, and by former Presi- Solomon, who passed away the week Mr. DREIER. Mr. Speaker, I thank dent William J. Clinton on October 22, 1996, before last, was a dear friend to all of my friend from Charlotte for yielding and for other purposes. The bill shall be con- us on the Committee on Rules, and he me this time, and I want to congratu- sidered as read for amendment. The amend- ment recommended by the Committee on and Mr. Moakley, who, unfortunately, late her, as well as I see my friend the International Relations now printed in the passed away earlier this year, were gentleman from California (Mr. LAN- bill shall be considered as adopted. The pre- quite a pair together. They disagreed TOS) here, the ranking minority mem- vious question shall be considered as ordered often, but they always did it as gentle- ber of the Committee on International

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 21832 CONGRESSIONAL RECORD—HOUSE November 7, 2001 Relations, and the gentleman from say that President Bush is a strong ing long-term allies in a formalized New York (Mr. GILMAN), and the gen- proponent of NATO expansion and has way in this critical region of the world. tleman from Illinois (Mr. HYDE) is in made that clear in more than a few ad- As a member of the House of Rep- the Chamber. I wanted to congratulate dresses and in his policy proposals. resentatives delegation to the NATO them. So I think that we have done the Parliamentary Assembly, I have been I want to thank the gentleman from right thing here in paying tribute to privileged to see firsthand how the ex- Ohio (Mr. HALL) for his statement. I our dear friend, Jerry Solomon. I will pansion of NATO is a lot more than see the gentleman from Nebraska (Mr. continue to miss him every day. I am about just the falling of the last rem- BEREUTER) is here. I tried to mention happy to say that there is a spectac- nants of ice from the old Cold War. The just about everybody in the Chamber. ular portrait of Mr. Solomon that is in fact is, just a dozen or so years ago, The gentleman from Florida (Mr. GOSS) the Committee on Rules and, I would many of these nations we are talking is right behind him. invite any of our colleagues who would about were part of a Warsaw Pact that I do not want to see any other Mem- like to come by and take a look at that was pledged to destroy NATO. Think bers, so I can make my points here. portrait if you have not testified before about that. Now, these nations are Mr. Speaker, this is a very important the Committee on Rules lately to come vying for a relationship of mutual pro- piece of legislation. Both the gen- and visit us there and to know that tection with the West. tleman from Ohio (Mr. HALL) and the when we overwhelmingly pass this rule As we move through these uncertain gentlewoman from North Carolina and the legislation itself, it will be a times, it is of great importance, of (Mrs. MYRICK) made it clear it is a fit- great tribute that we can provide to course, that we cultivate the strongest ting tribute to my predecessor, Jerry this wonderful man. ties possible with all of the nations of Solomon. We continue to mourn his Mr. HALL of Ohio. Mr. Speaker, I Europe. NATO expansion, under mem- passing and extend our condolences to have no requests for time at this time. bership guidelines and procedures al- Freda and his wonderful family. I could have some requests, so I would ready agreed upon, will help the United We know that Jerry Solomon was, as ask the gentlewoman from North Caro- States achieve this very, very impor- was stated so eloquently in the trib- lina (Mrs. MYRICK) to go ahead with tant goal. utes that were given at his funeral last her speakers, and I reserve the balance Mr. Speaker, I cannot possibly count week, a real fighter, and I considered of my time. the number of hours, meetings, trips, him to be a fighter with a heart, be- Mrs. MYRICK. Mr. Speaker, I yield 3 speeches, reports, or personnel we have cause he was one who stood firmly for minutes to the gentleman from Florida talked to and invested in the question principle, but had a great warmth and (Mr. GOSS). of NATO expansion. In all of this, Jerry Solomon, his vision, his leadership, kindness to him as well. Mr. GOSS. Mr. Speaker, I thank the gentlewoman from North Carolina for showed the way; and he made the case b 1115 yielding me this time and for her serv- very forcefully. He even made the case He fought as hard as anyone to ex- ice, of course, on the Committee on in Moscow that someday Russia will pand the cause of freedom throughout Rules as well. join NATO, and I have no doubt to be- the world. I should say parenthetically Mr. Speaker, as we continue to de- lieve that. that I had the privilege of joining my fend democracy and freedom, which is This legislation will send a strong colleagues, the gentleman from Massa- what this Nation is about today, and and welcome signal. People do pay at- chusetts (Mr. DELAHUNT) and the gen- the battle in the war against terrorism tention to what this Congress does, and tleman from North Carolina (Mr. within our own borders, it is important now is the time to gear up for the ex- pansion in NATO that will be discussed BALLENGER), for a delegation that ob- to remember that we are not alone. We served one of the freest and fairest are not the only country that upholds one year from now in Prague. I urge support for this legislation. It really elections that I have had the oppor- the ideals that we are fighting for. Our does matter. tunity to observe in the many years friends and allies in the NATO alliance Mrs. MYRICK. Mr. Speaker, I yield that I have been able to serve here in have helped us to defend democracy myself such time as I may consume to the Congress and visit elections around across the Atlantic and beyond in so thank the gentleman from Florida (Mr. the world; and this election took place many ways and for so many years dur- GOSS). As chairman of the Permanent in Nicaragua just this past weekend. ing the Cold War. We now have the op- Select Committee on Intelligence and We saw the people of Nicaragua over- portunity to expand our NATO alliance vice chairman of the Committee on whelmingly state their preference, and and allow new democracies in Central Rules, we rely on him a lot for his ex- I should say that I am very gratified and Eastern Europe and other areas to pertise in this area, and it is quite evi- that they came out on the side of free- join in the defense of freedom, some- dent that he has been involved in this dom and self-determination, and it is thing we all care greatly about. for many, many years. So I thank the something that would have made Jerry This legislation outlines and reaf- gentleman. Solomon very proud. That was in this firms congressional support for further Mr. Speaker, I yield 4 minutes to the hemisphere. enlargement of NATO as expressed in gentleman from California (Mr. ROHR- The legislation that we are talking statements by President Bush and ABACHER). about today, Mr. Speaker, is focused on former President Clinton. It does not Mr. ROHRABACHER. Mr. Speaker, I the very important North Atlantic call for the admission of any specific rise in strong support of the rule, but Treaty Organization alliance which, as country to NATO, but is supported by in opposition to the underlying legisla- we all know, has been critically impor- the candidates of all contenders which tion. Let me take a moment to salute tant to many of the national security meet the criteria outlined by the cur- Jerry Solomon, who was a dear friend. and foreign policy successes that we rent NATO members. Estonia, Latvia, We will miss Jerry Solomon. It is a have had around the world. Lithuania, the Baltics, Slovenia, Slo- pain in our hearts that we will have as Mr. Solomon wrote a very thoughtful vakia, Bulgaria and Romania are keen- someone who meant so much to us and volume on the importance of NATO ex- ly interested, I know from personal ex- he is no longer with us. I worked so pansion, and I believe that that is one perience, and there are others. many hours on so many issues over the of the major reasons that his name is In addition, the Solomon Act author- years with Jerry that I think that no very appropriately tied to this legisla- izes funding for military assistance for doubt, on both sides of the aisle, he tion. As the gentleman from Ohio (Mr. each candidate in accordance with ad- will be dearly missed. HALL) said, the prospect of the expan- ministration requests for 2002. In other Now let us talk about NATO. NATO sion of these seven countries into the words, we are together on this here on will not be missed. NATO has done its NATO alliance is something that I be- the Hill and downtown. The modest job. NATO deserves to pass on, because lieve is on the horizon, and I believe cost of this assistance is a very small NATO accomplished its mission and that we need to encourage it. I should price to pay for the potential of gain- now it deserves to dissolve.

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21833 We called on this organization, we not helping us as much as they should ening to the Russians. It was set up to created this organization back when in this current crisis, so why should we counter the Warsaw Pact. The gen- there was a major Soviet threat to in- continue subsidizing our European tleman from California (Mr. ROHR- vade Western Europe. Thus we created friends. ABACHER) said it did its job. It was very NATO in order to deter war, not to Mrs. MYRICK. Mr. Speaker, I yield 3 successful. The Warsaw Pact does not waste money, because that money was minutes to the gentleman from Mary- exist. necessary at the time. But instead, to land (Mr. BARTLETT). Mr. Speaker, this is a very unwise po- deter a Soviet invasion of Western Eu- Mr. BARTLETT of Maryland. Mr. litical move. I cannot understand how rope. It did its job, and it did its job Speaker, I thank the gentlewoman for we could perceive that it is in our na- well. yielding me time. tional security interest to enlarge During the Cold War, it served to Mr. Speaker, we have here a satellite NATO and feed the paranoia of the stand guard and to deter attack and photograph of a section of the Euro Russians when they continue to pour that attack was deterred; and it saved mountains in Russia called Yamantau money into things like Yamantau lives and it helped us come to the end Mountain. Here is Yamantau Moun- Mountain. of the Cold War. But the Cold War is tain. Just south of Yamantau Moun- This is not a good bill. I support the over. The price we paid for NATO in tain are two cities, two closed cities, rule; I vigorously oppose the under- the tens of billions of dollars was worth by the way; and they house about 60,000 lying bill. it back then. It is not worth it now. people that do nothing but work on Mrs. MYRICK. Mr. Speaker, I yield 3 In fact, what NATO today is is noth- Yamantau Mountain. minutes to the gentleman from Texas ing more than a subsidy for the defense Now, Yamantau Mountain is the (Mr. PAUL). of Western Europe and in Europe as a largest, deepest, nuclear secure facility Mr. PAUL. Mr. Speaker, I thank the whole. They can afford, our European in the world. The Soviets and now the gentlewoman for yielding time to me. friends can afford to pay for their own Russians have spent about $6 billion on Mr. Speaker, I rise in support of the defense now. When NATO was first cre- Yamantau Mountain. We have had two rule. The rule is noncontroversial, but ated, they were coming out of World defectors from Yamantau Mountain; the bill itself, the bill to expand NATO War II, their economies were in a and with what they have told us, we and the foreign aid involved in it, is shambles; and yes, we stepped forward know roughly what is down there. It is controversial from my viewpoint. It to protect the world against com- enormous, about the size of inside our may not be controversial here in Wash- munism, just as we stepped forward to Beltway with railroad tracks running ington, but if we go outside of Wash- protect the world against Japanese in opposite directions and enormous ington and talk to the people who pay militarism and Nazism. We can be rooms carved out of the rock. the bills and the people who have to proud of that, and we can be proud of Again, it is the most nuclear secure send the troops, they find this con- the role NATO played. But today, the facility in the world. The Russians will troversial. They think we are taken for purpose NATO was created for has not tell us why they are doing it. They saps as we go over and extend our passed away, and the Europeans can af- have just ramped up activity there. sphere of influence throughout the ford to pay for their own defense. By They have built accoutrements there world, and now extending into Eastern staying in NATO, we are going to con- that they do not have in their other Europe. tinually be involved in missions like cities, tennis courts and so forth. They I, too, was a friend of Jerry Solomon. those in Kosovo and Bosnia, right in cannot pay their military. They cannot We came into the Congress together in our European friends’ backyard, and we afford $200 million for the service mod- 1978. One thing for sure that Jerry un- end up paying a major portion of that ule of the space station, but this is im- derstood very clearly was the care that battle in Kosovo and Bosnia. That portant enough to them that they keep we must give to expanding our influ- makes no sense. pouring millions and millions and mil- ence as well as sacrificing our sov- Our European friends are richer than lions of dollars into it, $6 billion cur- ereignty, because he was strongly op- we are. The European governments rently. Its only use is either during or posed to the United Nations. have many, many more services for postnuclear war. As chairman of the Committee on their people than we have for our own Now, I ask my colleagues, why would Rules, he would permit my amendment people, because we are spending that Russia do this? When they have all of to come up and at least debate the ef- money trying to police the world. By these needs in their society, why would fectiveness of belonging to the United keeping NATO going, it just reinforces they pour all of this money into Nations, so I have fond memories of that policy that the United States is Yamantau Mountain? What I am told Jerry, especially in his support of my going to be the policeman of the world. is, they are paranoid. They do not be- efforts to try to diminish the United Furthermore, by expanding NATO lieve we are their friends. They are Nations’ influence and the taking away the way this bill is proposing, we are planning for a nuclear war. They ap- of our sovereignty. slapping Russia in the face. Come on. parently believe that it is inevitable Mr. Speaker, this is one reason why I Come on, now. NATO was established and winnable, and they are going to do oppose NATO. I believe that it has a to counter the Soviet Union, and now win it with this kind of preparation. bad influence on what we do. We want the Russians have done what we always We have no idea what they are going to to extend our control over Eastern Eu- wanted them to do: cast off this dicta- do there, but we know that they are rope, and as has been pointed out, this torship. And what do we do? We try to building and spending a lot of money can be seen as a threat to the Russians. expand this military alliance right into on it. NATO does not have a good record their front yard. That is wrong. Now, my question is, why at this since the fall of the Soviets. Take a Russia has disbanded the Warsaw time in history would we want to feed look at what we were doing in Serbia. Pact; it is trying to be democratic. Russia’s paranoia? Why would we want Serbia has been our friend. They are a President Putin is making efforts. In to enlarge NATO right up to their bor- Christian nation. We allied ourselves fact, he was the first one to call Presi- ders? NATO they perceive as a threat with the KLA, the Kosovo Muslims, dent Bush to offer his help when Amer- to them. For the first time in its his- who have been friends with Osama bin ica was attacked on September 11. We tory, we used them as an aggressive Laden. We went in there and illegally, should not be putting that type of pres- power in Kosovo. NATO illegally, against their own rules sure on a democratic Russia. We of NATO, incessantly bombed Serbia. b should, instead, be reinforcing that we 1130 They had not attacked another coun- are their friends and no longer consider If we want a friendship society, a try. They had a civil war going on, yet Russia a threat. If Russia ever goes goodwill society, in Europe, please, Mr. we supported that with our money and back to its old ways, we can recon- Speaker, call it something else. Do not our bombs and our troops, and now we figure that. I would just say NATO is call it NATO. NATO is very threat- are nation-building over there. We may

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 21834 CONGRESSIONAL RECORD—HOUSE November 7, 2001 be over there for another 20 years be- NATO, with a sense of desperation; As the countries, seven of which are cause of the bad policy of NATO that that if the line of freedom is ever identified for authorization, or reau- we went along with. drawn again, they know which side of thorization, in this legislation move Mr. Speaker, I think we should stop that line of freedom they want to be towards, or hope to successfully gain, and think about this, and instead of ex- on. membership in NATO, they are making panding NATO, instead of getting This does not mean that the line of a number of changes. They are embrac- ready to send another $55 million that freedom has to end at the Russian bor- ing a full array of the features of de- we are authorizing today to the East- der. In fact, meeting the right cir- mocracy to meet the criteria for NATO ern European countries, we ought to cumstance, the line of freedom can ex- membership, they are providing for ask: Has it really served the interests tend, but it does mean that those coun- transparency in their military budgets, of the United States? tries that are striving to meet the they are providing for civilian control Now that is old-fashioned, to talk standards that NATO set, those coun- of their military, and they are pro- about the interests of the United tries that are striving to meet the viding for the kind of interoperability States. We are supposed to only talk standards that NATO set for member- of their defense systems with those of about the interests of internation- ship that can add to the common de- the 19 countries of NATO. alism, globalism, one-world govern- fense, that are democracies today and It is on the basis of NATO that we ment. To talk about the interests of want to ensure that democracy can were able to form a coalition that per- the United States in this city is seen as best ensure that democracy by joining formed so well in the Persian Gulf, being very negative, but I would say if this family of nations and being part of that was brought to bear after we had we talk about U.S. security, security of NATO, by being part of the NATO par- some failures from the United Nations the United States of America and our liament, by being part of the NATO de- in certain parts of the Balkans, and defense around the country, it is very fense structure. which today underlie the coalition popular. This is hugely important to the coun- which President Bush and the United Mrs. MYRICK. Mr. Speaker, I yield 2 tries mentioned. All of them are not in- States have built in our war against minutes to the gentleman from the cluded in NATO as a result of anything terrorism. Seventh District of Missouri (Mr. we do, but we are just making the It is not by accident that it was the BLUNT), our deputy whip. point again that that door is open to other countries of NATO which pro- Mr. BLUNT. Mr. Speaker, I thank peace-loving people, freedom-loving vided the first meaningful response to the gentlewoman for yielding time to people, people who honor democracy, a coalition against terrorism when me. and these countries are among those. they invoked Article 5, that meant Mr. Speaker, I rise in support of the Mrs. MYRICK. Mr. Speaker, I yield that when there is an attack on one of rule and of the bill, and I particularly myself such time as I may consume. its members, in this case from a for- appreciate the fact that this bill has I thank the gentleman for his histor- eign source on the United States, they been designated to honor our good ical perspective on what has happened said by invoking Article 5, that it is an friend, Jerry Solomon, who represented with NATO over the years. attack on all of us. So this defensive us so well in the association of NATO Mr. Speaker, I yield such time as he alliance, 52 years of age, has taken on parliamentarians and who had made so may consume to the gentleman from some new responsibilities for Western many friends for America around the Nebraska (Mr. BEREUTER), the author democracies and for the United States, world, and particularly with our NATO of this legislation. in this case in the war against ter- allies. Mr. BEREUTER. Mr. Speaker, I rorism. It is a critical institution. There is no question that NATO has thank the gentlewoman for yielding me As we see the other countries of been the most successful alliance in this time. Eastern and Central Europe attempt to history. I would not want to revisit all Mr. Speaker, I am very pleased to fol- secure EU membership and NATO of the issues of our policies in Eastern low the articulate statement offered by membership, we should also note that Europe today, but I think if we look the distinguished gentleman from Mis- NATO has created the Partnership for back at who was following whose lead souri (Mr. BLUNT). He spelled out, I Peace program to permit not just these in what we did the last couple of years, think in some detail, why NATO con- seven countries, but a wider array of it might not have been us following tinues to be very important to the de- countries, even into the former Soviet NATO as much as NATO following us mocracies of Western Europe and to Union, with an opportunity to eventu- on policies that were vigorously de- the United States and Canada, as well. ally move towards full integration with bated here on this floor. Indeed, in Lithuania, we saw graphic Western institutions and Western de- That is not what this bill is about. examples and heard from people on the mocracy through NATO membership. This bill is about whether we continue streets, at high levels of government Indeed, the door is not shut to Rus- to open the doors of NATO to nations and the people in the booths selling sia. In fact, we have provided, through that meet the standards that NATO things to us why NATO was so impor- the North Atlantic Council, a special set, nations that add to the common tant, why they do not want to come opportunity for Russia to have input defense of NATO, nations that so much under totalitarianism again. into the deliberations of NATO; not want to be on this side of the curtain of In fact, I think there is strong bipar- anything approaching a veto, for cer- freedom, if the curtain of freedom ever tisan support for the continuation of tainly something we would not want to comes down again. NATO. The dissident voices we heard give them. Recently, at the NATO parliament here today are certainly appropriate in Mr. Speaker, If we did not have meeting in Lithuania, those of us who a democracy, but I think they do not NATO today we would have to create represented the House of Representa- reflect the bipartisan recognition that something like it. tives there saw people come out who NATO has been important, it is impor- So, Mr. Speaker, I not only urge sup- remembered clearly not only what it tant today, and it will be important in port of the rule, but since time is lim- had been like to live under the Soviet the future. ited on the debate on the bill itself, I Union, but remembered what it had There are probably two critical insti- thought it was appropriate to make been like to be dominated by the Nazis; tutions in Europe today which help en- these remarks here today with respect people who did not want to have that sure that this security umbrella will be to the importance of NATO today and ever happen again; people who were over the nations of the former Warsaw into the future. desperate, because if they had not been Pact in Central and Eastern Europe Mr. HALL of Ohio. Mr. Speaker, I in a concentration camp or sent out of and that they will be able to continue yield myself such time as I may con- the country, they knew somebody in their movement towards democracy sume. their family that had. and a full array of human rights. They Mr. Speaker, the bill appears to be in Person after person, group after are, first and foremost, NATO; and sec- very good shape. The rule is certainly group, came chanting NATO, NATO, ondly, the European Union. acceptable to us.

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21835 I think it is fitting that we call this SEC. 2. FINDINGS. membership in the next round of NATO en- bill the Gerald Solomon Freedom Con- The Congress makes the following findings: largement, that the realization of NATO solidation Act. Mr. Solomon was chair- (1) In the NATO Participation Act of 1994 membership by one or more of these coun- man of the Committee on Rules for the (title II of Public Law 103–447; 22 U.S.C. 1928 tries would be a success for all, and that note), Congress declared that ‘‘full and ac- eventual NATO membership for all of these few years in which I served under him. tive participants in the Partnership for countries would be a success for Europe and As a Democrat, and he was a Repub- Peace in a position to further the principles NATO. lican, he was tough, he was difficult, of the North Atlantic Treaty and to con- (8) On June 15, 2001, in a speech in Warsaw, but he was a fair man. He never lied. tribute to the security of the North Atlantic Poland, President George W. Bush stated He was a man of integrity. He was a area should be invited to become full NATO ‘‘[a]ll of Europe’s new democracies, from the good Representative. members in accordance with Article 10 of Baltic to the Black Sea and all that lie be- Mr. Speaker, I yield back the balance such Treaty at an early date . . .’’. tween, should have the same chance for secu- of my time. (2) In the NATO Enlargement Facilitation rity and freedom—and the same chance to Act of 1996 (title VI of section 101(c) of title join the institutions of Europe—as Europe’s Mrs. MYRICK. Mr. Speaker, I yield I of division A of Public Law 104–208; 22 old democracies have . . . I believe in NATO myself such time as I may consume. U.S.C. 1928 note), Congress called for the membership for all of Europe’s democracies Mr. Speaker, I thank the gentleman prompt admission of Poland, Hungary, the that seek it and are ready to share the re- from Ohio (Mr. HALL) for his kind com- Czech Republic, and Slovenia to NATO, and sponsibilities that NATO brings . . . [a]s we ments about Chairman Solomon. declared that ‘‘in order to promote economic plan to enlarge NATO, no nation should be Mr. Speaker, I yield back the balance stability and security in Slovakia, Estonia, used as a pawn in the agenda of others . . . of my time, and I move the previous Latvia, Lithuania, Romania, Bulgaria, Alba- [w]e will not trade away the fate of free Eu- question on the resolution. nia, Moldova, and Ukraine . . . the process of ropean peoples . . . [n]o more Munichs . . . enlarging NATO to include emerging democ- [n]o more Yaltas . . . [a]s we plan the Prague The previous question was ordered. racies in Central and Eastern Europe should Summit, we should not calculate how little The resolution was agreed to. not be limited to consideration of admitting we can get away with, but how much we can A motion to reconsider was laid on Poland, Hungary, the Czech Republic, and do to advance the cause of freedom’’. the table. Slovenia as full members of the NATO Alli- (9) On October 22, 1996, in a speech in De- f ance’’. troit, Michigan, former President William J. (3) In the European Security Act of 1998 Clinton stated ‘‘NATO’s doors will not close REPORT ON RESOLUTION WAIVING (title XXVII of division G of Public Law 105– behind its first new members . . . NATO POINTS OF ORDER AGAINST CON- 277; 22 U.S.C. 1928 note), Congress declared should remain open to all of Europe’s emerg- FERENCE REPORT ON H.R. 2620, that ‘‘Poland, Hungary, and the Czech Re- ing democracies who are ready to shoulder DEPARTMENTS OF VETERANS public should not be the last emerging de- the responsibilities of membership . . . [n]o AFFAIRS AND HOUSING AND mocracies in Central and Eastern Europe in- nation will be automatically excluded . . . URBAN DEVELOPMENT, AND vited to join NATO’’ and that ‘‘Romania, Es- [n]o country outside NATO will have a veto tonia, Latvia, Lithuania, and Bulgaria ...... [a] gray zone of insecurity must not re- INDEPENDENT AGENCIES APPRO- would make an outstanding contribution to emerge in Europe’’. PRIATIONS ACT, 2002 furthering the goals of NATO and enhancing SEC. 3. DECLARATIONS OF POLICY. Mrs. MYRICK, from the Committee stability, freedom, and peace in Europe Congress— on Rules, submitted a privileged report should they become NATO members [and] (1) reaffirms its previous expressions of (Rept. No. 107–273) on the resolution (H. upon complete satisfaction of all relevant support for continued enlargement of the criteria should be invited to become full Res. 279) waiving points of order NATO Alliance contained in the NATO Par- NATO members at the earliest possible ticipation Act of 1994, the NATO Enlarge- against the conference report to ac- date’’. ment Facilitation Act of 1996, and the Euro- company the bill (H.R. 2620) making (4) At the Madrid Summit of the NATO Al- pean Security Act of 1998; appropriations for the Departments of liance in July 1997, Poland, Hungary, and the (2) supports the commitment to further en- Veterans Affairs and Housing and Czech Republic were invited to join the Alli- largement of the NATO Alliance expressed Urban Development and for sundry ance in the first round of NATO enlarge- by the Alliance in its Madrid Declaration of independent agencies, boards, commis- ment, and the NATO heads of state and gov- 1997 and its Washington Summit Commu- sions, corporations, and offices for the ernment issued a declaration stating ‘‘[t]he nique of 1999; and Alliance expects to extend further invita- fiscal year ending September 30, 2002, (3) endorses the vision of further enlarge- tions in coming years to nations willing and ment of the NATO Alliance articulated by which was referred to the House Cal- able to assume the responsibilities and obli- President George W. Bush on June 15, 2001, endar and ordered to be printed. gations of membership . . . [n]o European and by former President William J. Clinton f democratic country whose admission would on October 22, 1996, and urges our NATO al- fulfill the objectives of the [North Atlantic] lies to work with the United States to real- GERALD B. H. SOLOMON FREEDOM Treaty will be excluded from consideration’’. ize this vision at the Prague Summit in 2002. CONSOLIDATION ACT OF 2001 (5) At the Washington Summit of the SEC. 4. DESIGNATION OF SLOVAKIA TO RECEIVE Mr. BEREUTER. Mr. Speaker, pursu- NATO Alliance in April 1999, the NATO ASSISTANCE UNDER THE NATO PAR- ant to House Resolution 277, I call up heads of state and government issued a com- TICIPATION ACT OF 1994. munique declaring ‘‘[w]e pledge that NATO (a) IN GENERAL.—Slovakia is designated as the bill (H.R. 3167) to endorse the vi- will continue to welcome new members in a eligible to receive assistance under the pro- sion of further enlargement of the position to further the principles of the gram established under section 203(a) of the NATO Alliance articulated by Presi- [North Atlantic] Treaty and contribute to NATO Participation Act of 1994 (title II of dent George W. Bush on June 15, 2001, peace and security in the Euro-Atlantic area Public Law 103–447; 22 U.S.C. 1928 note) and and by former President William J. . . . [t]he three new members will not be the shall be deemed to have been so designated Clinton on October 22, 1996, and for last . . . [n]o European democratic country pursuant to section 203(d)(1) of such Act. other purposes, and ask for its imme- whose admission would fulfill the objectives (b) RULE OF CONSTRUCTION.—The designa- diate consideration in the House. of the Treaty will be excluded from consider- tion of Slovakia pursuant to subsection (a) ation, regardless of its geographic location as eligible to receive assistance under the The Clerk read the title of the bill. . . .’’. program established under section 203(a) of The SPEAKER pro tempore (Mr. (6) In late 2002, NATO will hold a summit the NATO Participation Act of 1994— SHAW). Pursuant to House Resolution in Prague, the Czech Republic, at which it (1) is in addition to the designation of Po- 277, the bill is considered read for will decide which additional emerging de- land, Hungary, the Czech Republic, and Slo- amendment. mocracies in Central and Eastern Europe to venia pursuant to section 606 of the NATO The text of H.R. 3167 is as follows: invite to join the Alliance in the next round Enlargement Facilitation Act of 1996 (title of NATO enlargement. VI of section 101(c) of title I of division A of H.R. 3167 (7) In May 2000 in Vilnius, Lithuania, the Public Law 104–208; 22 U.S.C. 1928 note) and Be it enacted by the Senate and House of Rep- foreign ministers of Albania, Bulgaria, Esto- the designation of Romania, Estonia, Latvia, resentatives of the United States of America in nia, Latvia, Lithuania, the Former Yugoslav Lithuania, and Bulgaria pursuant to section Congress assembled, Republic of Macedonia, Romania, Slovakia, 2703(b) of the European Security Act of 1998 SECTION 1. SHORT TITLE. and Slovenia issued a statement (later joined (title XXVII of division G of Public Law 105– This Act may be cited as the ‘‘Freedom by Croatia) declaring that their countries 277; 22 U.S.C. 1928 note) as eligible to receive Consolidation Act of 2001’’. will cooperate in jointly seeking NATO assistance under the program established

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 21836 CONGRESSIONAL RECORD—HOUSE November 7, 2001 under section 203(a) of the NATO Participa- and Bulgaria . . . would make an outstanding (2) supports the commitment to further en- tion Act of 1994; and contribution to furthering the goals of NATO largement of the NATO Alliance expressed by (2) shall not preclude the designation by and enhancing stability, freedom, and peace in the Alliance in its Madrid Declaration of 1997 the President of other emerging democracies Europe should they become NATO members and its Washington Summit Communique of in Central and Eastern Europe pursuant to [and] upon complete satisfaction of all relevant 1999; and section 203(d)(2) of the NATO Participation criteria should be invited to become full NATO (3) endorses the vision of further enlargement Act of 1994 as eligible to receive assistance members at the earliest possible date’’. of the NATO Alliance articulated by President under the program established under section (4) At the Madrid Summit of the NATO Alli- George W. Bush on June 15, 2001, and by former 203(a) of such Act. ance in July 1997, Poland, Hungary, and the President William J. Clinton on October 22, 1996, SEC. 5. AUTHORIZATION OF SECURITY ASSIST- Czech Republic were invited to join the Alliance and urges our NATO allies to work with the ANCE FOR COUNTRIES DESIGNATED in the first round of NATO enlargement, and United States to realize this vision at the Prague UNDER THE NATO PARTICIPATION the NATO heads of state and government issued Summit in 2002. ACT OF 1994. a declaration stating ‘‘[t]he Alliance expects to SEC. 4. DESIGNATION OF SLOVAKIA TO RECEIVE (a) AUTHORIZATION OF FOREIGN MILITARY extend further invitations in coming years to ASSISTANCE UNDER THE NATO PAR- FINANCING.—Of the amounts made available nations willing and able to assume the respon- TICIPATION ACT OF 1994. for fiscal year 2002 under section 23 of the sibilities and obligations of membership . . . [n]o (a) IN GENERAL.—Slovakia is designated as el- Arms Export Control Act (22 U.S.C. 2763)— European democratic country whose admission igible to receive assistance under the program (1) $6,500,000 is authorized to be available would fulfill the objectives of the [North Atlan- established under section 203(a) of the NATO on a grant basis for Estonia; tic] Treaty will be excluded from consideration’’. Participation Act of 1994 (title II of Public Law (2) $7,000,000 is authorized to be available (5) At the Washington Summit of the NATO 103–447; 22 U.S.C. 1928 note) and shall be on a grant basis for Latvia; Alliance in April 1999, the NATO heads of state deemed to have been so designated pursuant to (3) $7,500,000 is authorized to be available and government issued a communique declaring section 203(d)(1) of such Act. on a grant basis for Lithuania; ‘‘[w]e pledge that NATO will continue to wel- (b) RULE OF CONSTRUCTION.—The designation (4) $8,500,000 is authorized to be available come new members in a position to further the of Slovakia pursuant to subsection (a) as eligible on a grant basis for Slovakia; principles of the [North Atlantic] Treaty and to receive assistance under the program estab- (5) $4,500,000 is authorized to be available contribute to peace and security in the Euro-At- lished under section 203(a) of the NATO Partici- on a grant basis for Slovenia; lantic area . . . [t]he three new members will not pation Act of 1994— (6) $10,000,000 is authorized to be available be the last . . . [n]o European democratic coun- (1) is in addition to the designation of Poland, on a grant basis for Bulgaria; and try whose admission would fulfill the objectives Hungary, the Czech Republic, and Slovenia pur- (7) $11,500,000 is authorized to be available of the Treaty will be excluded from consider- suant to section 606 of the NATO Enlargement on a grant basis for Romania. ation, regardless of its geographic location . . .’’. Facilitation Act of 1996 (title VI of section 101(c) (6) In late 2002, NATO will hold a summit in (b) CONFORMING AMENDMENT.—Subsection of title I of division A of Public Law 104–208; 22 (a) of section 515 of the Security Assistance Prague, the Czech Republic, at which it will de- U.S.C. 1928 note) and the designation of Roma- Act of 2000 (Public Law 106–280) is amended cide which additional emerging democracies in nia, Estonia, Latvia, Lithuania, and Bulgaria by striking paragraphs (1), (5), (6), (7), and (8) Central and Eastern Europe to invite to join the pursuant to section 2703(b) of the European Se- and redesignating paragraphs (2), (3), (4), and Alliance in the next round of NATO enlarge- curity Act of 1998 (title XXVII of division G of (9) as paragraphs (1) through (4), respec- ment. Public Law 105–277; 22 U.S.C. 1928 note) as eligi- (7) In May 2000 in Vilnius, Lithuania, the for- tively. ble to receive assistance under the program es- eign ministers of Albania, Bulgaria, Estonia, The SPEAKER pro tempore. The tablished under section 203(a) of the NATO Par- Latvia, Lithuania, the Former Yugoslav Repub- ticipation Act of 1994; and amendment printed in the bill is con- lic of Macedonia, Romania, Slovakia, and Slo- sidered adopted. (2) shall not preclude the designation by the venia issued a statement (later joined by Cro- President of other emerging democracies in Cen- The text of H.R. 3167, as amended, is atia) declaring that their countries will cooper- tral and Eastern Europe pursuant to section as follows: ate in jointly seeking NATO membership in the 203(d)(2) of the NATO Participation Act of 1994 H.R. 3167 next round of NATO enlargement, that the real- as eligible to receive assistance under the pro- ization of NATO membership by one or more of Be it enacted by the Senate and House of Rep- gram established under section 203(a) of such these countries would be a success for all, and resentatives of the United States of America in Act. that eventual NATO membership for all of these Congress assembled, SEC. 5. AUTHORIZATION OF SECURITY ASSIST- countries would be a success for Europe and SECTION 1. SHORT TITLE. ANCE FOR COUNTRIES DESIGNATED NATO. UNDER THE NATO PARTICIPATION This Act may be cited as the ‘‘Gerald B. H. (8) On June 15, 2001, in a speech in Warsaw, ACT OF 1994. Solomon Freedom Consolidation Act of 2001’’. Poland, President George W. Bush stated ‘‘[a]ll (a) AUTHORIZATION OF FOREIGN MILITARY FI- SEC. 2. FINDINGS. of Europe’s new democracies, from the Baltic to NANCING.—Of the amounts made available for The Congress makes the following findings: the Black Sea and all that lie between, should fiscal year 2002 under section 23 of the Arms Ex- (1) In the NATO Participation Act of 1994 have the same chance for security and free- port Control Act (22 U.S.C. 2763)— (title II of Public Law 103–447; 22 U.S.C. 1928 dom—and the same chance to join the institu- (1) $6,500,000 is authorized to be available on note), Congress declared that ‘‘full and active tions of Europe—as Europe’s old democracies a grant basis for Estonia; participants in the Partnership for Peace in a have . . . I believe in NATO membership for all (2) $7,000,000 is authorized to be available on position to further the principles of the North of Europe’s democracies that seek it and are a grant basis for Latvia; Atlantic Treaty and to contribute to the security ready to share the responsibilities that NATO (3) $7,500,000 is authorized to be available on of the North Atlantic area should be invited to brings . . . [a]s we plan to enlarge NATO, no na- a grant basis for Lithuania; become full NATO members in accordance with tion should be used as a pawn in the agenda of (4) $8,500,000 is authorized to be available on Article 10 of such Treaty at an early date . . .’’. others . . . [w]e will not trade away the fate of a grant basis for Slovakia; (2) In the NATO Enlargement Facilitation Act free European peoples . . . [n]o more Munichs . (5) $4,500,000 is authorized to be available on of 1996 (title VI of section 101(c) of title I of divi- . . [n]o more Yaltas . . . [a]s we plan the Prague a grant basis for Slovenia; sion A of Public Law 104–208; 22 U.S.C. 1928 Summit, we should not calculate how little we (6) $10,000,000 is authorized to be available on note), Congress called for the prompt admission can get away with, but how much we can do to a grant basis for Bulgaria; and of Poland, Hungary, the Czech Republic, and advance the cause of freedom’’. (7) $11,500,000 is authorized to be available on Slovenia to NATO, and declared that ‘‘in order (9) On October 22, 1996, in a speech in Detroit, a grant basis for Romania. to promote economic stability and security in Michigan, former President William J. Clinton (b) CONFORMING AMENDMENT.—Subsection (a) Slovakia, Estonia, Latvia, Lithuania, Romania, stated ‘‘NATO’s doors will not close behind its of section 515 of the Security Assistance Act of Bulgaria, Albania, Moldova, and Ukraine . . . first new members . . . NATO should remain 2000 (Public Law 106–280) is amended by striking the process of enlarging NATO to include emerg- open to all of Europe’s emerging democracies paragraphs (1), (5), (6), (7), and (8) and redesig- ing democracies in Central and Eastern Europe who are ready to shoulder the responsibilities of nating paragraphs (2), (3), (4), and (9) as para- should not be limited to consideration of admit- membership . . . [n]o nation will be automati- graphs (1) through (4), respectively. ting Poland, Hungary, the Czech Republic, and cally excluded . . . [n]o country outside NATO The SPEAKER pro tempore. The gen- Slovenia as full members of the NATO Alli- will have a veto . . . [a] gray zone of insecurity tleman from Nebraska (Mr. BEREUTER) ance’’. must not reemerge in Europe’’. and the gentleman from California (Mr. (3) In the European Security Act of 1998 (title SEC. 3. DECLARATIONS OF POLICY. LANTOS) each will control 30 minutes. XXVII of division G of Public Law 105–277; 22 Congress— The Chair recognizes the gentleman U.S.C. 1928 note), Congress declared that ‘‘Po- (1) reaffirms its previous expressions of sup- from Nebraska (Mr. BEREUTER). land, Hungary, and the Czech Republic should port for continued enlargement of the NATO Al- not be the last emerging democracies in Central liance contained in the NATO Participation Act GENERAL LEAVE and Eastern Europe invited to join NATO’’ and of 1994, the NATO Enlargement Facilitation Act Mr. BEREUTER. Mr. Speaker, I ask that ‘‘Romania, Estonia, Latvia, Lithuania, of 1996, and the European Security Act of 1998; unanimous consent that all Members

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21837 may have 5 legislative days within the vision of further enlargement of Congressman Solomon was unswerv- which to revise and extend their re- the NATO Alliance as expressed in ing in his belief that the former War- marks on the bill. statements by former President Bill saw Pact countries, if they meet the The SPEAKER pro tempore. Is there Clinton and by President George W. NATO criteria, plus others, including objection to the request of the gen- Bush. some of the new nations springing from tleman from Nebraska? Further, the bill specifically des- the disintegration of Yugoslavia and There was no objection. ignates Slovakia to receive assistance nations farther to the southeast, Mr. BEREUTER. Mr. Speaker, I yield under the NATO Participation Act of should have the opportunity to join the myself such time as I may consume. 1994, and the President is authorized to NATO security alliance. He recognized Mr. Speaker, as the chairman of the designate, as he deems appropriate, that NATO membership for those coun- House of Representatives delegation to other countries as eligible for the as- tries would be critical in maintaining the NATO Parliamentary Assembly, sistance under the same program. stability and prosperity for the entire this Member rises in strong support for Finally, this legislation authorizes continent and particularly for Eastern H.R. 3167, the Gerald B. H. Solomon foreign military financing for the fol- Europe. This Member believes that Freedom Consolidation Act of 2001. lowing leading NATO alliances aspi- Congressman Solomon would be Indeed, this legislation enjoys the rants. These are not all of the aspi- pleased to know that his vision for an support of Members from the elected rants, but these are the ones that the expanded NATO continues to enjoy leadership on both sides of the aisle, in- administration has requested author- overwhelming support from this body. cluding the Speaker of the House, the ization levels for: Estonia, Latvia, Mr. Speaker, this Member, who once distinguished gentleman from Illinois Lithuania, Slovenia, Bulgaria, Roma- again led a House delegation to the (Mr. HASTERT); the House majority nia and now Slovakia. These levels NATO PA spring meeting in Vilnius, leader, the distinguished gentleman that are in the legislation reflect ex- Lithuania, this year, was impressed from Texas (Mr. ARMEY); the minority actly the administration’s request. with the grassroots support in Lith- I think it is important to note that whip, the distinguished gentleman uania for NATO membership. In fact, H.R. 3167 does not specifically endorse from Michigan (Mr. BONIOR); and the during that trip, this Member asked a the candidacies of any countries. It chairman of the House Republican Pol- street vendor why he displayed a pro- simply endorses expansion, hopefully icy Committee, the distinguished gen- NATO sticker on his cart. The vendor at the Prague Summit in the year 2002, tleman from California (Mr. COX). explained that he would never forget for those countries which meet the cri- Additionally, the chairman of the how a family member of his had been teria outlined by current NATO mem- Committee on International Relations, taken to Siberia by the Soviets and bers, and they are substantial criteria, the distinguished gentleman from Illi- had never returned. Therefore, because not easy to meet. I identified a few of nois (Mr. HYDE); the ranking minority of this and very similar incidents af- them a few minutes ago in discussing member of the Committee, the distin- fecting thousands of citizens of the the rule. guished gentleman from California three Baltic nations in the early stages On November 1 of this year, the Com- (Mr. LANTOS); and the chairman emer- of World War II, this vendor said, That mittee on International Relations con- itus of the committee, the distin- is why I am for NATO expansion—so it sidered and passed this legislation, as guished gentleman from New York (Mr. can never happen again. GILMAN); and the chairman of the sub- amended, by voice vote. This Member committee on Europe, the gentleman and the dean of the New York Repub- He is joined by so many people of the from California (Mr. GALLEGLY), are lican delegation, the gentleman from former Warsaw Pact countries who cosponsors of the measure. New York (Mr. GILMAN), offered the viewed NATO membership, or the pros- Mr. Speaker, this Member is also sole amendment to the measure during pect for it, as very important to the pleased to note that among the cospon- the committee markup, which redesig- stability of future freedoms for their sors are many Members of the House nated the title as the Gerald B.H. Sol- citizens. delegation to the NATO Parliamentary omon Freedom Consolidation Act. This Without a doubt, NATO has been the Assembly, including the chairman of amendment was approved, of course, by most effective collective defense alli- the House Permanent Select Com- voice vote in Committee and approved ance in the history of the world. It has mittee on Intelligence, the distin- unanimously. provided collective security to the guished gentleman from Florida (Mr. Mr. Speaker, this Member can think member nations of Western Europe. GOSS), the distinguished gentleman of few more fitting legislative memo- Therefore, it is no surprise that many from Illinois (Mr. SHIMKUS); the distin- rials to our former distinguished col- members of the former Warsaw Pact guished gentleman from Colorado (Mr. league who, through his service in this now aspire to such membership. For HEFLEY); the distinguished gentleman body and as a long-time member of the NATO to continue its expansion is en- from Tennessee (Mr. TANNER); the dis- House NATO Parliamentary Assembly tirely appropriate at this time, as is tinguished gentleman from Colorado delegation, consistently championed congressional support for expansion, (Mr. MCINNIS); the distinguished gen- efforts to strengthen and expand but of course, expansion only when ap- tleman from Texas (Mr. LAMPSON); the NATO. Indeed, Congressman Solomon propriate criteria are met, when these distinguished gentleman from Florida wrote a book on it. countries can make a proper contribu- (Mr. BILIRAKIS). I would say also that Members should tion to the NATO collective security. Also, the distinguished gentleman know that he played a very active role in the Assembly. He served as the Mr. Speaker, I urge my colleagues to from Florida (Mr. MICA), not a member vote in favor of H.R. 3167. of the delegation, who has been very chairman of one of the five working active in NATO expansion issue is a co- committees of the Assembly, the Polit- Mr. Speaker, I submit for the cost estimate sponsor, as would be the gentleman ical Committee, the one that dealt of the Congressional Budget Office on H.R. from Texas (Mr. THORNBERRY), the gen- with the most controversial and most 3167 for printing in the RECORD. CONGRESSIONAL BUDGET OFFICE, tleman from Maryland (Mr. WYNN), and comprehensive list of subjects. He also November 5, 2001. the gentleman from Pennsylvania (Mr. served as the vice president of the As- sembly for the maximum 2-year term, Hon. HENRY J. HYDE, BORSKI), if we had had their names in Chairman, Committee on International Rela- time. and he was proud to be a member of a tions, House of Representatives, Wash- small delegation that President Clin- b ington, DC. 1145 ton took to the Madrid Summit when DEAR MR. CHAIRMAN: The Congressional The measure before this body today decisions were made about NATO en- Budget Office has completed the enclosed outlines and reaffirms congressional largement to include the countries of cost estimate for H.R. 3167, the Gerald B.H. support for further expansion of NATO. the Czech Republic, Hungary and Po- Solomon Freedom Consolidation Act of 2001. In addition, the legislation endorses land. The CBO staff contact for this estimate is

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 21838 CONGRESSIONAL RECORD—HOUSE November 7, 2001 Joseph C. Whitehill, who can be reached at NATO is the longest surviving alli- bership in NATO. Our bill dem- 226–2840. ance of all time, and it has endured be- onstrates our strong belief that this Sincerely, cause it is an alliance of free and demo- process must not be and will not be DAN L. CRIPPEN, cratic nations. No country was ever sidelined. Director. Enclosure. forced to join the alliance by a larger The 10 countries which are hoping to and stronger power, in sharp contrast become members of NATO, and I will CONGRESSIONAL BUDGET OFFICE COST ESTIMATE to the Warsaw Pact where every single read them in alphabetical order, Alba- H.R. 3167—Gerald B. H. Solomon Freedom Con- solidation Act of 2001 member was forced into that pact by nia, Bulgaria, Croatia, Estonia, Latvia, the power and might of the Soviet Lithuania, Macedonia, Rumania, Slo- H.R. 3167 would reaffirm Congressional support for the enlargement of the North At- Union. There can be no better endorse- vakia and Slovenia, are all seeking lantic Treaty Organization (NATO) and ment of NATO’s success and achieve- membership in this great peace-loving would increase the amounts of foreign mili- ments than the desire of the newly alliance. tary financing (FMF) earmarked in 2002 for emerging countries of Central and As my colleague, the gentleman from seven Central and Eastern European coun- Eastern Europe to join this alliance. Nebraska (Mr. BEREUTER) indicated, tries that are potential candidates for NATO Now, the post-September 11 era, Mr. they will have to meet some very membership. The FMF spending is subject to Speaker, has brought us new realities, tough yardsticks to be judged worthy appropriation action. The bill would not in- and one of them is the critical role of joining NATO. They relate not only crease the total amount authorized for FMF that NATO can play in the fight in 2002 under Public Law 106–280, the Secu- to having achieved a certain degree of rity Assistance Act of 2000; therefore, CBO against international terrorism. As a economic success and having made a estimates that implementing the bill would matter of fact, although we did not contribution to their own defense and not significantly affect discretionary spend- plan it this way, my friend, former Sec- the collective defense, but they must ing. Because the bill would not affect direct retary of State Henry Kissinger, yes- demonstrate that they are practicing a spending or receipts, pay-as-you-go proce- terday in an op-ed in the Washington respect for human rights, religious dures would not apply. Post states correctly that NATO has rights, minority rights and press free- H.R. 3167 contains no intergovernmental or found its new mission, and that mis- dom. They have to demonstrate that private-sector mandates as defined in the Unfunded Mandates Reform Act and would sion is to lead the way along with the they are free and open democratic soci- not affect the budgets of state, local, or trib- United States in the global war against eties. al governments. international terrorism. I want to underscore, Mr. Speaker, The CBO staff contact for this estimate is The gentleman from Illinois (Mr. that the upcoming summit in Prague, Joseph C. Whitehill, who can be reached at HYDE) and I were managing the legisla- where we will be looking at the new ap- 226–2840. This estimate was approved by tion, giving our President whatever plicants for membership in NATO, is Peter H. Fontaine, Deputy Assistant Direc- powers he needs to wage this war. And the first and not the last of such meet- tor for Budget Analysis. while we were here in this Chamber, ings. The Prague Summit is part of a Mr. Speaker, I reserve the balance of our NATO allies invoked Article 5 of measured and carefully managed proc- my time. the NATO Treaty stating, in essence, ess of including more and more of our Mr. LANTOS. Mr. Speaker, I yield that the attack on one NATO member European friends in NATO. Invitations myself such time as I may consume. is an attack on all members of NATO, will be extended to the applicants con- Mr. Speaker, let me at the outset and they have given us and will con- sistent with their compliance with the identify myself with all the comments tinue to give us their support in every NATO membership action plan. made by my colleagues concerning our conceivable form. As do all of my colleagues in this late friend, Jerry Solomon. Jerry Sol- In this context today, I want to ac- Congress, I support a Europe whole and omon was a most distinguished Mem- knowledge the Government of Ger- free. And I strongly endorse the state- ber of this body and his leadership on many for yesterday making the his- ments of the 10 applicant countries the NATO issue simply cannot be over- toric decision of committing German that eventual NATO membership for stated. troops to the war in Afghanistan, a his- all of them will be a success for the Let me also commend my good toric first for that country. United States, for Europe and for friend, the gentleman from Nebraska NATO members, Mr. Speaker, have NATO. (Mr. BEREUTER) whose leadership of the also responded immediately and will- Mr. Speaker, I would like to say a congressional delegation to the NATO ingly to the call by President Bush to word about Russia. Following the Parliamentary Assembly has been ex- cut terrorist financing. In this context, events of September 11, Mr. Speaker, traordinary. He has earned our respect let me just mention parenthetically clearly a new relationship is evolving as the leader of our NATO delegation, that NATO members stand in sharp between the United States and Russia. and I want to pay public tribute to contrast to the arrogant governmental Next week we are looking forward to him. action of Lebanon, which is refusing to welcoming the Russian President, Mr. I also want to acknowledge the con- give us cooperation in cracking down Putin, in Washington, who then will go tributions to NATO and our participa- on the financial capabilities of inter- on for a more intimate meeting with tion of the chairman emeritus of our national terrorist organizations like the President in Crawford, Texas. committee, the gentleman from New Hezbollah. Our NATO allies share intel- There is a whole new flavor to the Rus- York (Mr. GILMAN), and the gentleman ligence with the United States regard- sian/U.S. relationship, and it is appar- from Illinois (Mr. HYDE), our current ing both Osama bin Laden and the en- ent in a dozen different ways. chairman. tire al-Qaeda network. b Mr. Speaker, Congress has consist- Just yesterday, Mr. Speaker, Presi- 1200 ently led the way in supporting NATO dent Bush spoke via satellite to the We are modifying our previous posi- enlargement and for a strong and ro- Warsaw Conference on combatting ter- tion of just a few months ago with re- bust role for NATO in Europe. One of rorism, where all of the nations of spect to the ABM Treaty to missile the most memorable moments in my Eastern and Central Europe who wish testing. The Russians are asking that congressional service was to fly with to join NATO were represented. we put an end to Jackson-Vanik, which our former Secretary of State Madeline Although the war on terrorism is now was historic human rights legislation Albright to Independence, Missouri, our top national priority, we must re- but which has served its purpose. with the foreign ministers of Poland, main engaged with our allies on a wide I look forward to the day when a Hungary and the Czech Republic when spectrum of issues, including NATO en- democratic Russia will be able to ex- we moved to include those three former largement. The next NATO summit in plore the possibility of joining NATO; Communist states, having cleansed Prague in 2002 will be the first oppor- and I think it is important to under- themselves of their past as full mem- tunity for the applicant countries to score, in dealing with the expansion of bers of NATO. formally present their bids for mem- NATO, that this is in no sense directed

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21839 at Russia. Russia is no longer our many democratic, stable and capable I have some real concerns about the enemy, and we are looking forward to European nations as possible into legislation before us today. It certainly the day when it will be our ally. NATO alliance. This bill makes it clear is not a lack of respect for the I, for one, welcome President Putin’s that the door to NATO membership re- spokespeople on both sides of the aisle, new attitude towards NATO enlarge- mains open to other nations; and it is two of the most respected Members of ment and his statement that he would fitting, therefore, for Congress to ask Congress in this arena, for whom I am not rule out NATO membership for the President to sign this measure into deeply gratified for being able to learn Russia. Let me say we also do not rule law, a NATO expansion policy declara- about international affairs; and it cer- out that possibility. This represents an tion. It was in our interest in the open- tainly is not any reservations about important change, a historic change in ing of the East, which laid the ground- NATO itself. As has been pointed out, Russian perceptions of the NATO alli- work for the eventual accession of the NATO, for 52 years, has performed an ance, a sentiment that we should con- Czech Republic, of Hungary, and Po- invaluable service for providing peace tinue to encourage strongly. I urge all land into NATO in the last decade, and stability on the European con- of my colleagues to support this legis- which, with many of my colleagues, I tinent. It has been especially critical lation. strongly supported. for the first 42 of those 52 years. Mr. Speaker, I reserve the balance of I was pleased to join my colleague, But I think the real question is my time. the gentleman from Nebraska (Mr. BE- whether it is time for us to take a step Mr. BEREUTER. Mr. Speaker, I yield REUTER), in making one change to this back and look at some of the under- myself 15 seconds. bill, naming it after our close friend lying assumptions, much like my I want to just compliment the gen- and former colleague on our Com- friend from California mentioned a mo- tleman from California on his articu- mittee on International Relations, and ment ago, in terms of framing the late statement, and I appreciate his former chairman of the House Com- question about how we are going to kind remarks regarding this Member. mittee on Rules, the late gentleman deal with Russia. I think that is one of His comments about President Putin, I from New York, Mr. Solomon. Mr. Sol- the most critical points that we need think, are certainly appropriate. omon was an outstanding, dedicated to focus on. We have seen very moderate and I think it fascinating that the first public servant, a Congressman who positive statements on NATO expan- call from a head of state that our deeply carried about our national secu- sion, on missile defense, coming from President received after the disaster, rity and how we came to depend on President Putin since the tragic events the terrorist attacks on September 11, NATO alliance. Accordingly, it is alto- of September 11th. And I think it is was from President Putin. It signaled, gether fitting that we name this NATO very interesting, as I conclude these I think, a part of this new era that we expansion legislation the Gerald B.H. comments, to note that NATO assets, are seeing. And before we deal with an Solomon Freedom Consolidation Act. AWACS planes, are sent from Europe expansion of NATO or something else, I It was in 1998 that Jerry Solomon au- to the United States today to help our think it is critical that we take a step thored a book entitled ‘‘The NATO En- fighter aircraft patrol our cities since back, as the gentleman from California largement Debate: 1990–1997: The bless- American AWACS aircraft are de- (Mr. LANTOS) has said, and take a look ings of Liberty.’’ In that book he con- ployed for operations related to North- at the role of NATO. ern Watch over Iraq, in the Persian cluded, and I quote from the final para- In early October, Secretary General Gulf regions, and in operations related graph of his book: ‘‘In the final anal- Lord George Robertson met with Presi- to Afghanistan. ysis, a wider alliance is but a means to dent Putin; and neither seemed to see Mr. Speaker, I yield 4 minutes to the the end of building confidence and se- any reason why Russia, at some point, distinguished gentleman from New curity toward which all of NATO’s di- should not be a member of NATO. In- York (Mr. GILMAN), the dean of the del- rections are aimed. In an era of pro- deed, as we look at the list of countries egation and the person who helped me found transformation in transatlantic that we are bringing forward as poten- offer the amendment to name this Ger- and European security, there can be no tial members, certainly Russia would ald B.H. Solomon legislation. guarantees that the values and stra- appear to be at least as well qualified Mr. GILMAN. Mr. Speaker, I thank tegic outlook of the alliance can form as these would-be member states in the gentleman for yielding me this the foundation for all of Europe. Never- terms of its effort to develop its econ- time, and I want to commend our theless, we do know that the NATO ex- omy and its democracy. former vice chairman of our Com- perience has much to offer as we return In this context, I think we should ask mittee on International Relations, the to the original broad ambition of ourselves why we are moving ahead gentleman from Nebraska (Mr. BEREU- NATO and embrace a wider community with our expansion plans that could TER), for introducing this bill, which I of free peoples.’’ look to those elements in the Soviet am pleased to cosponsor with him, and The distinguished chairman of the Union that it is not necessarily con- for his strong consistent support for full Committee on International Rela- sistent with this emerging new agenda. NATO enlargement. He has been a true tions, the gentleman from Illinois (Mr. It looks certainly like a continuation leader in NATO for our Congress. HYDE), has enthusiastically supported of Cold War encirclement, as we are ex- I thank our committee’s ranking mi- this bill in our committee; and I very panding a military alliance that does, nority member, the gentleman from much appreciate the expeditious con- for the time being, exclude them, but California (Mr. LANTOS), for his support sideration of the bill in committee and will extend almost to their eastern bor- not only for this bill but for NATO’s the efforts to obtain early floor consid- der. Is there not a more constructive enlargement throughout the years. eration. I thank House leadership for and effective way to show our support Under the aegis of NATO, the past making certain that this bill was con- for democratization in Central and decade has shown a remarkable expan- sidered in an appropriate and timely Eastern Europe than continuing to sion of freedom in Europe without fir- manner. It is an appropriate tribute to build an alliance that looks as though ing a single shot. It is ironic that our a great patriot, Mr. Jerry Solomon. it is arrayed against them? NATO allies have invoked the, and I Mr. LANTOS. Mr. Speaker, I yield 5 I must also point out that the contin- quote, ‘‘attack on one is an attack on minutes to the distinguished gen- ued expansion of NATO is an exceed- all’’ clause of NATO’s treaty in the re- tleman from Oregon (Mr. ingly expensive endeavor. The weak cent terrorist attacks on our own Na- BLUMENAUER), a valued and thoughtful economies of the new members and tion from abroad. We have special rea- member of the Committee on Inter- what appears to me to be lukewarm sons, therefore, to value the contribu- national Relations. support for implementing and financ- tions that NATO has made in our own Mr. BLUMENAUER. Mr. Speaker, I ing the expansion of the alliance by defense. thank the ranking member for his some of our European members is Accordingly, it is in our own national courtesy in allowing me to speak on going to force the United States to as- interests that we need to bring as this measure. sume more of the funding burden.

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 21840 CONGRESSIONAL RECORD—HOUSE November 7, 2001 A CBO study found that the cost of stupid, for us to ignore their pleas to puters. If we think about our power expansion simply to Poland, Hungary, become members of the Atlantic alli- grid and communications grid, if we the Czech Republic, and Slovenia would ance. melt down the computers, we do not be in the neighborhood of $60 billion to For over half a century, NATO has have a power and communications grid. $125 billion over a 15-year period ending been the foundation upon which the se- This is our translation of it here. in 2010. The United States’ portion of curity of the West has rested. NATO’s All that needs to be done is to deto- this tab was expected to run between $5 continuing importance to the United nate a nuclear weapon high above the billion and $19 billion. A study con- States was most recently demonstrated atmosphere, and what is produced is ducted concurrently by the RAND Cor- in this unified response to the terrorist something equivalent to a simulta- poration found that the total cost of attacks of September 11 when article 5 neous lightning strike everywhere in this expansion could be in a similar of the North Atlantic Treaty, which the country, or enormous static elec- range, up to $110 billion. states that an attack on one member of tricity. We see a miniature of this These estimates, I fear, are mis- NATO shall be considered an attack every time there is a solar storm. This leading because they assume that both upon them all, was invoked for the is many, many times as powerful as the new member states and other NATO first time in the alliance’s history. pulses we get from that solar storm. members will be willing and able to It is my hope that this next phase of If the chart would be put out that pay for their costs of expansion. I NATO’s enlargement will see an end to shows Yamantau Mountain, and these think at a time when we are facing se- Russia’s opposition to NATO, an oppo- two are connected, Members will see vere economic crisis at home, it is sition needlessly inherited from the these are two closed cities of 60,000 peo- highly improbable that they are going Soviet Union and inconsistent with ple. What is a closed city? A closed city to assume their share of the burden, Russia’s own desire to become a part of is so remote it does not have tourists. and we are going to have to make some the West. For this reason, I commend Nobody visits. They have a single mis- very real trade-offs in terms of our do- President Putin for his recent remarks sion; 60,000 people live there and they mestic economy and other higher pri- indicating his government will not ob- have a single mission, and that mission orities that we have in this war against ject to further enlargement of NATO. is working on Yamantau Mountain. If the Russians are going to do an terrorism. A robust second round of NATO en- EMP attack on us, they had better Finally, I think we need to be asking largement will not end our task. Many have Yamantau Mountain because we ourselves whether the continued expan- vocal aspirants will still remain out- sion of NATO is the most effective way are going to respond. side of the alliance’s pacifying em- I showed this in Russia. I am not giv- to encourage the development of free brace. And in a speech earlier this year ing them any ideas. They knew this be- markets and democracy in Eastern Eu- in Warsaw, President Bush spoke of a fore we did. We knew it from the rope. It is a military alliance that was future in which all of the states be- Starfish explosion in 1962. The Rus- critical for its time, it still plays an tween the Baltic and Black Seas would sians had done more testing and explo- important role; but I am wondering if be welcomed into the Western commu- sions, and they knew it before we did. it needs to be supplemented. nity of nations. I certainly share that They know more about it than we I strongly urge that this body deal vision. know about it. with some of the questions that my Thus, even as we admit additional If they are anticipating an EMP at- colleague from California, the ranking countries to NATO, we must remember tack on us, and it would be almost cer- member of the committee, dealt with, this is but the latest step toward our tainly the first way they would use a and that we not continue with more goal of creating a Europe whole and weapon because there is no way they legislation dealing with the expansion free, and of bringing lasting peace to could do as much harm to our economy of NATO until we come back and deal that ancient and long-suffering con- and infrastructure with ground level with the hard realities of the role of tinent. explosions as they could do with an ex- Russia and the costs that are associ- Mr. LANTOS. Mr. Speaker, I am plosion above the atmosphere, pro- ated to it. I think the American public pleased to yield 4 minutes to the gen- ducing electromagnetic pulse. deserves that. tleman from Maryland (Mr. BARTLETT), Mr. Speaker, I do not think that it Mr. BEREUTER. Mr. Speaker, it is in the spirit of collegiality and biparti- makes sense to feed Russia’s paranoia. my pleasure to yield such time as he sanship, knowing full well he will be I have been told that the reason they may consume to the gentleman from taking the side which is opposed to my spent $6 billion on Yamantau Mountain Illinois (Mr. HYDE), the distinguished position. is because they are paranoid, because chairman of the Committee on Inter- b 1215 they do not think that we are their national Relations, who followed Euro- friends, when we are enlarging NATO pean and NATO issues long before he Mr. BARTLETT of Maryland. Mr. right up to their border. And they do became chairman. Speaker, I thank the gentleman for not think NATO is friendly because for Mr. HYDE. Mr. Speaker, this bill yielding me this time. years it was the counter of the Warsaw calls upon the NATO alliance to agree Mr. Speaker, I am shortly going to Pact, and they cannot get it out of to a robust second round of enlarge- display a couple of visuals here. The their head that this is their enemy. ment at its summit meeting in Prague first will be in Russian, and I wanted to I have no idea why we think it is pro- late next year. The bill does not call present it in Russian because I did not ductive in terms of our national secu- for the admission of any specific coun- want Members to think that I was tell- rity to enlarge NATO right up to their try to NATO, but is broadly supportive ing the Russians something they did borders. I am all for a European friend- of all seven leading contenders for ad- not know about our vulnerability. ship society. I just do not want one mission in the next round: Estonia, The first of these will show a page that slaps Russia in the face. Latvia, Lithuania, Slovenia, Slovakia, from a Russian journal which shows an We are making great strides. Putin Bulgaria, and Romania. EMP attack on our country. What was the first foreign leader to call our I will not dwell on the qualifications Members will see is Russian language, President after the terrorist attacks on of the individual countries, other than and they will see something which September 11. Why would we want to to say each has made great progress in looks like the sun with some rays com- do this to the Russian people? For the the difficult transition from the prison ing from it, and then Members will see first time in many years, and I went to house of communism to the promise of what it does. Russia recently and I saw the moun- democracy in the free market. Forcibly What it does is disrupt our commu- tains of flowers at our embassy, it was separated from the West for decades, nication system and disrupt our power a very moving experience, here are peo- each is now reclaiming its rightful system. See the one on the right is in ple moving in our direction. Why would place in the Western community of na- Russian. What it does is melt all of our we want to move them in the other di- tions. It would be shameful, as well as microelectronics, including our com- rection?

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21841 Mr. Speaker, if we are going to en- Terrorism has been a plague on our NATO Parliamentary Assembly in large NATO, let us have Russia as a world for far too long. Every nation in Lithuania. This is a new vision of Eu- member. If we do not have Russia as a the alliance has been on the receiving rope, and these are photos of citizens member, let us not enlarge it. It is end of terrorist attacks, ranging from with signs saying NATO, Lithuania, threatening to our national security the brutal to the barbaric. We have okay, good; The victims of the gulags and it is not in our long-term national watched airplane hijackers negotiate are calling for justice; The pact of security interest. with guns, we have seen truck bombs Molotov-Ribentropo is our past. NATO Mr. BEREUTER. Mr. Speaker, I yield explode on embassy grounds, we have is our future. And the youth were 3 minutes to the gentleman from Colo- seen extremists raid an Olympic vil- present in these signs of public display rado (Mr. HEFLEY), a member of the lage, plane wreckage in Lockerbie, in support of NATO. Committee on Armed Services and the Scotland, car bombs on the streets of Another thing that we learned on our vice chairman of the Defense Security London and Belfast, and a gaping hole trips is that the countries who are re- Committee of the NATO Parliamentary in the hull of an American warship. cently now members, countries like Assembly. When I finished my speech, there was Poland, have a better relationship with Mr. HEFLEY. Mr. Speaker, as a overwhelming support from not only Russia now since they are under the member of the House Committee on the NATO nations represented there NATO Alliance. And they have better Armed Services and as vice chairman but from the observers as well; from relations and better trade, and it has of the Defense and Security Committee the French who oftentimes do not helped the stability of Europe. of the North Atlantic Treaty Organiza- agree with us on things, and the second Mr. Speaker, I would like to com- tion Parliamentary Assembly, I stand one to speak after I had spoken was a mend my colleague, the gentleman in strong support of this Gerald Sol- Russian observer who pledged strong from Nebraska (Mr. BEREUTER), and omon Freedom Consolidation Act of support to this effort. the Committee on International Rela- 2001. We need NATO now maybe more than tions for their leadership on this issue. I think it is appropriate that we ever. I think we need to support the I would also like to commend the com- would name this after Jerry Solomon. further enlargement of the NATO Alli- mittee for naming this act after our re- It has been said before, and I will not ance. I urge passage of this resolution. cently passed colleague, Jerry Sol- belabor it, but Jerry believed so Mr. BEREUTER. Mr. Speaker, I yield omon. This is fitting since Congress- strongly that when democratic free so- 3 minutes to the gentleman from Illi- man Solomon was one of the first in cieties worked together in a security nois (Mr. SHIMKUS), who in this last Congress to recognize that NATO mem- alliance, the world is a safer place to year has joined the delegation to the bership for former Warsaw Pact coun- be. He promoted this idea. Not that he Parliamentary Assembly, and has done tries was essential for maintaining sta- wanted to enlarge NATO just to be en- an outstanding job and has had a per- bility in Eastern Europe. larging NATO, just to have more num- sonal outreach program to Lithuania On our Statue of Liberty it says, bers, but that every NATO member and to the Baltic states for some period ‘‘Give me your tired, your poor, your must bring something to the table, of time. huddled masses yearning to breath something not only for their own secu- Mr. SHIMKUS. Mr. Speaker, I rise in free.’’ With NATO expansion, the coun- rity, but for the security of the NATO support of H.R. 3167, the Gerald Sol- tries that are yearning to breath free alliance. omon Freedom Consolidation Act of can do this under the NATO Alliance. I It is difficult to depart from the 2001. I am a proud cosponsor of this leg- encourage my colleagues to vote in memories of September 11. Almost ev- islation which memorializes congres- favor of H.R. 3167. erything we do in this Chamber now is sional support for further NATO expan- Mr. BEREUTER. Mr. Speaker, I yield viewed through the scope of terrorism. sion that is set to take place at the 2002 3 minutes to the gentleman from Flor- Just like the threat of communism, the Prague Summit. ida (Mr. MICA), who has been very catalyst for NATO, current threat re- This is in line with the President’s much interested in NATO membership affirmed the need of a strong trans- intent stated on his trip to Warsaw, for a number of countries of Eastern atlantic alliance for the protection of Poland, and I quote, ‘‘I believe in and Central Europe, and has played a free societies all around the world. By NATO membership for all of Europe’s special role in outreach to Slovakia. endorsing expansion, we are sending a democracies that seek it and are ready Mr. MICA. Mr. Speaker, I rise in message to those who decry democracy to share the responsibility that NATO strong support of H.R. 3167. I am espe- and freedom. brings. As we plan the next NATO cially pleased that this legislation in- As the response to September 11 has Summit in 2002, we should not cal- cludes a provision to recommend Slo- shown, an attack on one is an attack culate how little we can get away with, vakia for full NATO membership. on all. It is very relevant in our rede- but how much we can do to advance As the grandson of Slovak-American fined geopolitical world. We could eas- the cause of freedom.’’ immigrants, I have carefully followed ily conclude in this body that NATO He also stated that he envisioned a the Slovak Republic’s difficult transi- has more of a purpose against ter- NATO that extends from the Baltic to tion from the former Soviet bloc to a rorism than it did against communism. the Black Sea, a NATO whole, free and free and independent nation. The dra- With a time-tested formula and vic- secure. matic changes from a socialistic gov- tories under our belt, we would be fool- As chairman of the Baltic Caucus and ernment and a managed economy to an ish to turn our backs on those who as- a member of the NATO Parliamentary open democracy and free market enter- pire to join the greatest alliance his- Assembly, I am a strong supporter of prise system have been a challenge for tory has ever known. the NATO enlargement, especially for this new nation. A little more than a month ago in the Baltic states. In the wake of Sep- Since January of 1993, the Slovaks Ottawa, Canada, I had the privilege of tember 11, I believe that enlisting the have made great progress in joining the speaking to the NATO Parliamentary talents of the Baltics and others who European and Western family of na- Assembly’s Defense Committee, and in are eager to make contributions to tions. Slovakia has been recognized for my remarks I spoke about how we, NATO will be instrumental to defeat- its economic and political progress by being NATO, must look forward and ing terrorism. admission last September to the Orga- come together as a family of nations. Mr. Speaker, let me share a few nization of Economic Cooperation and The worst of times, as we have seen, photos. This is a photo of the border Development. separate the civilized world from the when I served in West Germany, the The Slovak Republic is also a leading uncivilized. As nations that respect border between West Germany and contender today for future membership and honor freedom, democracy and de- Czechoslovakia. This is the old world. in the European Union. While inter- cency, we must join together and form As many of my colleagues have said, in national economic integration is vital an unbreakable bond against terrorism. the spring of this year, we attended the to Slovakia’s future, it is critical that

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 21842 CONGRESSIONAL RECORD—HOUSE November 7, 2001 this strategically located Central Euro- we do not know what kind of conflicts a matter of opinion, and we have to de- pean nation be a part of NATO. we may be drawn into. bate the merits of the issue and find While in the past I have urged leaders Second, NATO was created to defend out what is best for our country. of the new Slovak Republic to pri- against the Soviet Union, a threat that I think the bill is motivated for two marily focus on issues and admissions obviously no longer exists. If at this reasons. One is to increase the sphere to organizations related to inter- critical time the U.S. is seeking co- of influence into Eastern Europe, who national economic cooperation, I did so operation from Russia, it is counter- will be the greatest influence on the coming from a nation and background productive in my opinion to take ac- commercial aspects of Eastern Europe, that always felt secure from the stand- tions that Russia would perceive to be and so there is a commercial interest point of national security. At times in aggressive. In this legislation that is there, as well as in this bill there is $55 the past I could not understand the before us today, we are talking about million of foreign aid which I think a preoccupation with membership in admitting into NATO countries that lot of Americans would challenge under NATO by Slovak leaders. would bring NATO right next to the these circumstances whether or not we As I learned more over the years of border with Russia. should be sending another $55 million the history of the Slovak people and Thirdly, the expansion would put the overseas. their domination and suppression, I re- strategic advantage of the alliance at We have this debate now mainly be- cause we have had the demise of the alized why they were so concerned and risk. NATO was created for rapid Allied Soviet system, and there is a question so dedicated to a security relationship response to a threat. Its tactical on what the role of NATO should be with NATO. strength will be compromised when the inclusion of countries with inexperi- and what the role of NATO really is. It b 1230 seems that NATO is out in search of a enced militaries make it more difficult dragon to slay. It appeared that way Slovakia had lost its freedom and to mobilize. The high cost of NATO ex- during the Kosovo and Serbian crisis, independence and security in the past. pansion would also divert U.S. defense where it was decided that NATO would They did not want to risk that possi- investment to militaries of foreign go in and start the bombing in order to bility in the future. The events of Sep- countries at a time when we should be help the Kosovars and to undermine tember 11 made me recognize why Slo- focusing on our own. And there are the Government of Serbia. But our own vakia and its people were so right. other institutions that are more valu- rules under NATO say that we should Nothing is more vital than national se- able to the Eastern European countries never attack a country that has not at- curity. The other countries under this than NATO; the European Union, the bill also, Latvia, Estonia, Lithuania, tacked a member nation. So this was World Trade Organization, and other sort of stretching it by a long shot in Slovenia, Romania and Bulgaria, also international institutions, that will seek entry into NATO for exactly the order to get us involved. I think that help promote their economic and does have unintended consequences, be- same reason. In the interest of our democratic development. NATO expan- United States national security, in the cause it turns out that we supported sion will drain their treasuries toward Muslims, the KLA, in Kosovo who were interest of those who have lost and re- massive military expenditures to come gained their independence and also re- actually allies of Osama bin Laden. up to NATO’s standards. These things in some ways come back gained their national identity, and in The bottom line is that NATO expan- the interest of world security, I urge to haunt us, and I see this as an unin- sion is more of a liability than an op- tended consequence that we should be the passage of this legislation. portunity for the United States and for I again commend the gentleman from very much aware of. the countries this bill seeks to add to But overall I oppose this because I California (Mr. LANTOS), the gentleman the alliance. For that reason, I will op- support a position of a foreign policy of from Nebraska (Mr. BEREUTER), and pose the legislation. noninterventionism, foreign noninter- also honor the memory of our departed Mr. BEREUTER. Mr. Speaker, it is ventionism out of interest of the colleague, Jerry Solomon. my pleasure to yield 2 minutes to the United States. I know the other side of Mr. LANTOS. Mr. Speaker, I am gentleman from Texas (Mr. PAUL), a the argument, that United States in- pleased to yield 2 minutes to the gen- distinguished member of the Com- terests are best protected by foreign tleman from California (Mr. WAXMAN), mittee on International Relations. intervention and many, many entan- the ranking member of the Committee Mr. LANTOS. Mr. Speaker, I am gling alliances. I disagree with that be- on Government Reform. pleased to yield 2 minutes to the dis- cause I think what eventually happens Mr. WAXMAN. Mr. Speaker, I thank tinguished gentleman from Texas (Mr. is that a country like ours gets spread the gentleman very much for yielding PAUL). too thin and finally we get too poor. I time. I, unfortunately, am going to say The SPEAKER pro tempore (Mr. DAN think we are starting to see signs of some words about this legislation that MILLER of Florida). The gentleman this. We have 250,000 troops around the are not quite consistent with the views from Texas is recognized for 4 minutes. world in 241 different countries. When that have been heard on the floor. Mr. PAUL. Mr. Speaker, I sincerely the crisis hit with the New York dis- I am in opposition to this bill. I cer- appreciate the fact that I have brought aster, it turned out that our planes tainly want to honor the memory of together bipartisanship here and got were so spread out around the world our departed colleague, Congressman time from both sides. I deeply appre- that it was necessary for our allies to Solomon; but I am opposed to the ex- ciate that, especially since I am taking come in and help us. This is used by pansion of NATO. I was opposed under the opposition to this bill. I do rise in those who disagree with me as a posi- President Clinton, and I continue to opposition to expanding NATO. I do tive, to say, ‘‘See, it works. NATO is oppose expansion under President not think it is in the best interests of wonderful. They’ll even come and help Bush. The countries named in this bill the United States. The one thing that I us out.’’ I see it as sad and tragic that for NATO candidacy have made incred- would concede, though, is that every- we spent last year, I think it was over ible progress since the fall of the So- one in this Chamber, I believe, every $325 billion for national defense, and we viet Union toward Western ideals and Member agrees that our country should did not even have an AWACS plane to economics, but it should not make be strong; that we should have a strong protect us. them automatically superior can- national defense; and that we should do During that time when we had our didates for NATO. everything conceivable to make our tragedy in New York, we probably had First of all, NATO is founded on the country safe and secure. I certainly en- cities that we paid to protect better premise of collective defense. These dorse those views. It just happens that than our own cities. If planes went countries are still undergoing major I believe that membership in organiza- awry or astray in Korea or Haiti or political and economic changes, and I tions like NATO tends to do the oppo- wherever, I think that they probably do not think we should be promising to site, tends to weaken us and also would have been shot down. I see this go to war on behalf of countries when makes us more vulnerable. But that is as a tragedy.

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21843 I hope we will all give some consider- outdated and interventionist organization. The reason to have NATO is so that the ation for nonintervention. American foreign policy has been most suc- gentleman from Texas (Mr. PAUL) and Mr. Speaker, more than a decade ago one cessful when it focuses on the simple prin- the gentleman from California (Mr. of history’s great ideological and military con- ciples of friendship and trade with all countries WAXMAN) and others who spoke against flicts abruptly ended. To the great surprise of and entangling alliances with none. NATO expansion should have the op- many, including more than a few in own gov- Mr. LANTOS. Mr. Speaker, I am very portunity to speak freely and openly, ernment, the communist world and its chief pleased to yield 2 minutes to my distin- not just in the United States but military arm, the Warsaw Pact, imploded. The guished colleague, the gentleman from throughout Europe, throughout an ex- Cold War, which claimed thousands of lives New York (Mr. HINCHEY). panding and open and democratic Eu- and uncountable treasure, was over and the Mr. HINCHEY. Mr. Speaker, I just rope. We are creating NATO so people Western Alliance had prevailed. wanted to take this opportunity to ex- in Latvia, Lithuania, Estonia, Slovakia With this victory, however, NATO’s raison press a couple of concerns that I have and elsewhere should have the same op- d’eˆtre was destroyed. The alliance was cre- about this measure that is before us portunities we have here. There has ated to defend against a Soviet system that as this afternoon. It has been said a num- never been more need for a military al- of 1991 had entirely ceased to exist. Rather ber of times on the floor here today liance dedicated to preserving and ex- than disbanding, though, NATO bureaucrats that the North Atlantic Treaty Organi- panding democratic free and open soci- and the governments behind them reinvented zation has been the most successful eties which was more palpable than the alliance and protected its existence by cre- military alliance in history. I think today. ating new dragons to slay. No longer was that that is indisputable. It was cre- We have heard a great deal about NATO to be an entirely defensive alliance. ated in the aftermath of the Second building a coalition against inter- Rather, this ‘‘new’’ NATO began to occupy World War to deal with a set of geo- national terrorism. The majority of itself with a myriad of non-defense related political circumstances that presented those so-called coalition members are issues like economic development and human themselves to the world at that time. police states and dictatorships. They rights. This was all codified at the Washington Over the course of the succeeding 55 will not fight for free and open and Summit of 1999, where the organization de- years, NATO has served Europe, the democratic societies. They may oppose clared that it would concern itself with ‘‘eco- United States, Canada and indeed the Osama bin Laden, they may oppose nomic, social and political difficulties . . . eth- world very, very well. It prevented a specific terrorist acts; but they are not nic and religious rivalries, territorial disputes, third world war. And ultimately it was in favor of what we are in favor of, a inadequate or failed efforts at reform, the NATO and other factors that resulted free and open and democratic society. abuse of human rights, and the dissolution of in a very definitive change within the And the top guarantee of that is the states.’’ The new name of the NATO game Soviet Union. expansion of NATO. was ‘‘interventionism’’; defense was now But now we are faced with a different Mr. Speaker, I yield back the balance passe´. set of circumstances. The geopolitical of my time. Nowhere was this ‘‘new NATO’’ more starkly world in which we live today is in no Mr. BEREUTER. Mr. Speaker, I yield in evidence than in Yugoslavia. There, in way similar to that which confronted myself such time as I may consume. 1999, NATO became an aggressive military the West and other nations at the close Mr. Speaker, I want to congratulate force, acting explicitly in violation of its own of the Second World War. We ought not the distinguished gentleman on his charter. By bombing Yugoslavia, a country to be thinking about expanding an en- comments in closing debate on his side that neither attacked nor threatened a NATO tity that was created for a different of the aisle today. I would say that the member state, NATO both turned its back on need and a different purpose at a dif- gentleman from Texas who made re- its stated purpose and relinquished the moral ferent time. We ought to be thinking marks in the well certainly makes his high ground it had for so long enjoyed. NATO more about the circumstances in which comments from a very principled point intervention in the Balkan civil wars has not we find ourselves today. And while one of view. His philosophy is exemplified even produced the promised result: UN troops might argue that expanding NATO in entirely by his comments here. I re- will be forced to remain in the Balkans indefi- the way that we have done recently spect his point of view on this issue al- nitely in an ultimately futile attempt to build na- and may do again in the context of this though I disagree with it. To the dis- tions against the will of those who will live in suggestion here, this proposal, might tinguished gentleman from California them. not do any harm, the fact of the matter (Mr. WAXMAN), the concerns he raises I Mr. Speaker, we are now called on to en- is that at the very least it diminishes think are legitimate concerns, but I dorse the further expansion of a purposeless our likelihood to think of the world in would say in response to them, as the alliance and to grant $55.5 million dollars to different ways, and that is really what gentleman from California (Mr. LAN- former Soviet Bloc countries that have ex- we ought to do. TOS) and this gentleman have both said pressed an interest in joining it. While expand- NATO served us. We ought to now in the past, the criteria for NATO ing NATO membership may be profitable for begin to put it behind us and begin to membership, set out by the 19 existing those companies that will be charged with up- think about the world we live in in members, are very tough. They insist grading the militaries of prospective members, ways in which are necessary to con- on economic progress, on substantial this taxpayer subsidy of foreign governments front the circumstances that we have movements towards democracy, on and big business is not in the interest of the to deal with today. We ought not to be transparency in defense budgets, on ci- American people. It is past time for the Euro- doing things, for example, that are in- vilian control of the military, and on peans to take responsibility for their own af- sulting or might be taken as an insult interoperability. fairs, including their military affairs. by Russia, because they are now in a Some of these countries, even some According to the Department of Defense’s different relationship with the United of the seven listed for authorization for latest available figures, there are more than States. assistance, are, frankly, some distance 250,000 U.S. military personnel deployed So I am concerned about this for away, undoubtedly, from meeting all of overseas on six continents in 141 nations. It is those reasons, but primarily because it the initial criteria. But the prospect little wonder, then, that when a crisis hit our will prevent us from thinking about for membership in the EU, the prospect own shores—the treacherous attacks of Sep- the world in ways in which we ought to for membership in the NATO alliance tember 11—we were forced to call on foreign be thinking of it in order to address the itself have been important incentives countries to defend American airspace! Our different circumstances that confront that are held out there for membership military is spread so thin meddling in every us at this moment. to bring about change in these soci- corner of the globe, that defense of our own Mr. LANTOS. Mr. Speaker, I yield eties. myself such time as I may consume. homeland is being carried out by foreigners. b Rather than offer our blessings and open This debate is really why we need 1245 our pocketbooks for the further expansion of NATO. The reason for creating NATO I think the House should be proud of NATO, the United States should get out of this is to preserve free and open societies. its leadership in suggesting expansion

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 21844 CONGRESSIONAL RECORD—HOUSE November 7, 2001 at the previous round of decisions on nautics of the Committee on Science. push is coming from an improbable source: NATO expansion made in Madrid. The We have a big discussion on the Space Russia—or, more precisely, its president, House of Representatives was really Station, which is another international Vladimir Putin. the first entity in the world to suggest effort. Putin’s broad purpose—to link his ailing, self-absorbed country to the United States it was appropriate to consider expan- Let me say, I certainly support coop- while moving it into the European main- sion of NATO. And as we looked at the erative efforts like the International stream—has been gathering force for some Visegrad Four, we found and encour- Space Station, and I supported NATO time. Even before Sept. 11, he was taking a aged very specifically membership for when it was necessary. NATO served its more accommodating line on President the countries of Poland, Hungary and purpose. It protected us against the So- Bush’s foremost priorities—missile defense, the Czech Republic, that had made the viet invasion of Western Europe. Now modification of the ABM Treaty, and further necessary commitments and that met the Cold War is over. The best thing we enlargement of NATO, the Western security the criteria set forth. It was only a dis- can do now is to try to promote democ- alliance. Since the attacks, the Russian’s tone has become even more acquiescent, appointment to both the other body racy in Russia, and expanding NATO enough to raise concerns in Western capitals and this House that Slovenia, a newly goes in exactly the opposite direction. that he has maneuvered himself far in front independent country, was not also in- It slaps the Russians in the face. of his national security apparatus and polit- cluded in the first round, because we I believe the Europeans can now de- ical base. When he meets with Bush in Wash- felt that they as well had met the cri- fend themselves. We no longer should ington and Crawford, Tex., later this month, teria for membership. be subsidizing their defense. Expanding the two men can be expected to start a proc- Mr. Speaker, I would think as we NATO just puts us more into the posi- ess aimed at moving their countries into a look for the next year to come before tion of subsidizing people’s defense far shifting strategic environment. And that move could edge NATO, the centerpiece of the summit in Prague, we may well away who can manage their own de- America’s security relationship with Europe, consider giving our view as a Congress fense. It also takes away from our abil- to the sidelines. on which additional countries seem to ity to cope with the real challenge to Well, before Sept. 11, NATO was the object have met most adequately the criteria world freedom and peace today, which of some tough questions: Did it still have a for NATO expansion at that summit. we will find in Asia in the form of an purpose? Was there a role in it for Russia, Mr. Speaker, I believe the legislation expansionary and belligerent Com- and if so, how central a role? A few Western before us today makes a major con- munist China. leaders, starting with Britian’s Tony Blair, tribution. Its authorization levels are Lastly, let us note that we are en- had in one degree or another concluded that consistent with those the administra- Western and Russian strategic interests had gaged in a war right now, a war against converged, and that collective security ar- tion has requested. terrorism and a war in Central Asia. rangements that lacked Russian participa- Finally I would just close my re- Being part of NATO has not really tion no longer made sense. But if anyone was marks by citing two quotations from helped us. In fact, the billions of dol- shuffling the new deck after Sept. 11, it was President William Clinton and Presi- lars we spend in NATO can be used by Putin. He was the first to call Bush after the dent George W. Bush that are actually our own troops in that battle, and only attacks. he agreed not to oppose the use of cited in the legislation itself. a limited amount of support has come bases in Uzbekistan and elsewhere in Central President Clinton said in a speech in from our NATO allies, the British and attacks. He agreed not to oppose the use of bases in Uzbekistan and elsewhere in Central Detroit in 1996, ‘‘NATO’s doors will not Italians, who would be giving it to us close behind its first new members. Asia for strikes against the Taliban. He vis- anyway. They would be with us any- ited German Chancellor Gerhard Schroeder NATO should remain open to all of Eu- way, without us having to spend tens of and wowed the Bundestag with a speech de- rope’s emerging democracies who are billions of dollars a year on NATO. livered in fluent German, studded with ready to shoulder the responsibilities While I respect my colleagues, espe- quotations from Goethe and Schiller, that of membership. No Nation will be auto- cially Jerry Solomon and the gen- portrayed Russia as rooted in European val- matically excluded. No country outside tleman from Nebraska (Mr. BEREUTER) ues. NATO will have a veto. A gray zone of and the gentleman from California (Mr. On Oct. 3 Putin had a long private meeting in Brussels with NATO Secretary General insecurity must not reemerge in Eu- LANTOS), I would suggest that expand- rope.’’ Lord George Robertson, with whom he en- ing NATO is not a good idea. joys discussing security issues. Soon there- Then, in June of this year, President Mr. BLUMENAUER. Mr. Speaker, today we after, I was shown an official account of George W. Bush at Warsaw said, ‘‘All of debated H.R. 3167 on the House floor, legisla- what the two men said. The conversation Europe’s new democracies, from the tion to encourage further expansion of the pointed up Putin’s resolve to anchor Russia Baltic to the Black Sea and all that lie Northern Atlantic Treaty Organization (NATO) to the West, and the intensity of his hatred between, should have the same chance to include Eastern European countries such as of the Taliban and radical Islam. for security and freedom and the same Romania, Estonia, Latvia, Lithuania, and Bul- In the meeting, Putin cited nuclear pro- liferation as the main threat confronting the chance to join the institutions of Eu- garia. I want to share with my colleagues an rope as Europe’s old democracies have. world. He said there was a plot afoot to kill opinion piece that ran recently in the Wash- Pakistan’s president, Gen. Pervez Musharraf. I believe in NATO membership for all ington Post which raises what I feel are some If that happened, he wondered, who would of Europe’s democracies that seek it of the critical issues regarding continued ex- control Pakistan’s nuclear weapons? And he and are ready to share the responsibil- pansion of the NATO alliance. Written by Jon- answered his own question in stark, if pecu- ities that NATO brings. As we plan to athan Newhouse, a senior advisor at the Cen- liar, terms: Osama bin Laden, he said, call- enlarge NATO, no nation should be ter for Defense Information, this article empha- ing the terrorist leader ‘‘the defense min- used as a pawn in the agenda of others. sizes that the key issue is not the future of ister.’’ As for the Taliban, he said it would be a great mistake to remove the leaders but We will not trade away the fate of free NATO, but the importance of including Russia European peoples. No more Munichs, leave the Taliban in power. The Taliban is in future collective security arrangements in Afghanistan, he declared, and proposed a no more Yaltas. As we plan the Prague Europe. I found his thoughts helpful and I en- conference to bring together all the anti- Summit, we should not calculate how courage my colleagues to review this. Taliban forces in Afghanistan. little we can get away with, but how [From the Washington Post, Nov. 3, 2001] But Topic A was the Russian link to much we can do to advance the cause NATO. Neither man saw any reason Russia A NEW ALLIANCE COULD NUDGE ASIDE THE of freedom.’’ shouldn’t be a member. Noting that Robert- OLD Mr. BEREUTER. Mr. Speaker, I am son was the first to understand that Russia (By John Newhouse) pleased to yield 11⁄2 minutes to the gen- poses no threat to the alliance, Putin said The terrorist threat laid bare on Sept. 11 is his country should be a primary NATO ally. tleman from California (Mr. ROHR- transforming global security arrangements. But he said that Russia would have to be ABACHER ). Already, it is pushing Washington and other consulted on common security issues, or it Mr. ROHRABACHER. Mr. Speaker, I major capitals toward a historic makeover of would be isolated on the periphery of secu- apologize for not being down here dur- the security system the United States and rity, which would be in no one’s interest. He ing the entire debate. I am the Chair of its European allies have relied upon for half wasn’t asking for membership as such, but the Subcommittee on Space and Aero- a century. And much of the energy for that rather a central political involvement.

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21845 Putin declared that Russia would not stand defense if he convinces himself that the countrymen, who love freedom and know its in the queue to be admitted into the alli- project may eventually fall of its own heavy price. ance, like countries on whose membership weight. Agreeing to kill the ABM Treaty, as Last month I was traveling in the State of nothing depends. Robertson replied that he distinct from amending it, would be very Virginia—a part of my country that was the understood this, but he was no reason Mos- tough for him. While the treaty is about home of some of America’s most famous cow shouldn’t apply. Both sides, he said, arms control, it is also seen in Moscow as an ‘‘Founding Fathers.’’ One was a man named needed to stop the diplomatic sword dance agreement between great powers and, as Patrick Henry. The school children in the over Russian membership. Putin restated his such, of great political value. If he and Bush United States are taught a famous line from reluctance to wait in line, but said he did were to produce a new and verifiable bilat- one of Patrick Henry’s fiery speeches which want a full-fledged, mature relationship with eral agreement dealing with steep reductions he gave during our War of Independence. In NATO. He wondered if Robertson and Rus- of strategic weapons, it would play very well just six simple but passionate words he sian experts could work jointly on the ques- in Moscow. Prospects for an agreement of summed up the resolve of a people struggling tion. that kind are good, although just how bind- to be free when he said: ‘‘Give me liberty, or The Russian president tried to highlight ing it might be is unclear, and the impor- give me death!’’ Patrick Henry’s Comrades the opportunity he was offering the West by tance Russians attach to locking the United in Arms, went on to sign a Declaration of telling Robertson that he expected to be in States into a formal agreement cannot be Independence where they pledged to each office only four years at most. All his values, overstated. other, ‘‘our Lives, our Fortunes and our sa- he said, were Western. But he warned that The shell of the egg won’t be filled over- cred Honor.’’ his successors may have a different view of night. Putin’s romancing of major Western Most of us who serve in the Congress of the European security—thereby underlining up capitals will have to be accompanied by in- United States, and many of you who serve the developing gap between him and other ternal reforms, including democratic ones. here, have never had to risk our lives to pre- key players in Moscow. And he will have to hold up the Russian end serve our liberty. But many men and women, Robertson noted that the two sides could of any bargain, especially by helping to dis- on whose shoulders we stand, have done so, focus on a few specific areas of cooperation— courage the proliferation of truly frightful on battlefields around the world and even in terrorism, air-sea rescue, Kosovo and Bosnia. weapons and playing a full part in inter- the streets of our own capitals. He also raised the idea of a conference on connected programs aimed at curbing orga- Once again today, while entering this Par- military responses to terrorism jointly spon- nized crime, drug trafficking and money liament Building, I passed the spot where sored by NATO and Russia, an idea Putin laundering, etc. Also, in most Western cap- some of you literally manned the barricades liked. The conversation ended with Putin, itals, including London, there are senior bu- and stood your ground to defend the right of perhaps revealingly, asking Robertson to reaucrats who resist major change, espe- the Lithuanian people to govern themselves. pass on his regards to Bush, whose name had cially change that benefits Russia and ap- As Speaker, I often ask my members to not arisen. pears to weaken NATO. France, for one, may make difficult decisions and cast difficult We should hear loud echoes of this meeting have mixed feelings about NATO, but it will votes. But I have never had to ask them to in Texas. There, Putin can safely agree to see stronger Russian involvement as accel- risk their very lives as some of you have enlarging NATO yet again. Before Sept. 11, erating movement of the center of political done. To those of you were served in this he deplored this idea, especially the prospect gravity eastward, a shift that has been un- body during those dark and difficult days, let of admitting the Baltic nations, because he derway since German unification. me thank you on behalf of freedom loving and his advisers saw it as bringing NATO Change is nonetheless underway, as Sec- men and women everywhere, for your cour- into space that Russians are accustomed to retary of State Colin Powell made clear in age and your example. Some things have changed since I was last influencing, if not controlling. But this con- Shanghai last month, when he ventured the here. Your ‘‘new’’ President is now a success- cern becomes moot as he moves to acquire a lapidary phrase: ‘‘Not only is the Cold War ful veteran and you have held Parliamentary serious role in revised Western security ar- over, the post-Cold War period is also over.’’ elections. The political landscape in the rangements and to segue into Europe on his (John Newhouse is a senior fellow at the United States, too, has changed. We now own. Center for Defense Information.) have a ‘‘new’’ President and a new Congress. Moreover, a bloated alliance operating by Mr. HASTERT. Mr. Speaker, I rise in sup- But one thing has not changed. The bond of consensus will not be close to the center of port today of the Gerald B. H. Solomon Free- friendship between the people of Lithuania political action. More and more, the center dom Consolidation Act of 2001, a bill appro- and the people of the United States remains will lie wherever the key players, notably priately named after my good friend Jerry Sol- strong. Our admiration of Lithuania’s strug- the United States and Russia, locate it. To- gle for freedom and democracy remains con- day’s security threats are not military, and omon, who passed away last month. Jerry was a fine man who truly cared about NATO stant. You can count on America’s lasting NATO is not equipped to help much in the friendship. struggle against terrorism and weapons pro- and the leading contenders for NATO admis- As our new President develops his legisla- liferation. Counterterrorism, for example, is sion. I support this bill, because I support the tive agenda and as the new Congress works much more of an intelligence and police further enlargement of NATO alliance, as well to implement it, there are significant dif- function than a military one, and Wash- as the inclusion of those seven countries that ferences between the political parties, dif- ington will be increasingly reluctant to rely are candidates for NATO admission. If these ferences we debate peacefully, but with great on NATO for other than peacekeeping tasks. democracies are willing to meet their responsi- passion. NATO itself could become absorbed in solv- bility of membership, I see no reason why they For example, my party, the Republicans, ing problems between its members. believe in a smaller federal government, Although Putin won’t be deflected, he will should not be able to enter this defensive alli- leaving more power to the States and local have to show critics at home some return on ance, and join their fellow members in pre- Governments and most importantly to the his bold move toward the West. Embedding serving peace, freedom and democracy. people themselves. We support a tax policy Russia in the world economy is probably his These seven worthy nations are our friends, that leaves more money in the pockets of the first priority. But accomplishing this will re- and I look forward to the day we can welcome people who earned it so they can spend it as quire Russian membership in the World them as members. I would now like to intro- they see fit, rather than government col- Trade Organization, even though well-posi- duce a speech I made in March to the Lithua- lecting it and then spending it. Our worthy tioned Russians see the organization as a nian Parliament, in which I made the case for opponents, the Democratic Party, have a conspiracy of multinational companies to somewhat different view. We respect our dif- exploit Russian assets. Putin also wants and Lithuania’s inclusion into NATO. ferences because the struggle of ideas is the probably needs a trade agreement with the SPEAKER J. DENNIS HASTERT ADDRESSES heart of a true democracy. European Union. Members are sympathetic, LITHUANIAN PARLIAMENT, MARCH 2001 But one place where we do not disagree— but unlikely to grant one unless and until Mr. Chairman, Members of the Seimas, dis- where our Congress is united—is on the sub- Putin has maneuvered WTO membership. tinguished guests: ject of NATO expansion. Democrats and Re- They need to see Russia establishing itself as I am deeply honored to be here today. publicans alike believe in the ‘‘open door’’ a serious player and fully capable of living Two years ago, just a few months after I policy of NATO enlargement and both up to commitments. became the Speaker of the United States strongly endorsed the process begun at the The meeting with Bush could help anchor House of Representatives, you were kind 50th NATO Summit held in Washington. Can- Russia to the West, politically and probably enough to invite me to address this Par- didate Bush, now President Bush, supports economically. Putin may expect Washington liament. The opportunity to speak to you the idea that another around of invitations to advance his WTO prospects by asking EU was one of the first honors given to me by for membership be issued at the Prague governments to join in pushing to relax the another government. What made it even Summit in 2002. He made that clear in a let- standards for Russian membership. more special was the fact that it was an invi- ter to President Adamkus last May. Putin may not object—at least not strong- tation from you, the representatives of the No democracy in Europe that is prepared ly—to the Bush plan for a national missile People of Lithuania, a people, like my own to meet the responsibilities of membership

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 21846 CONGRESSIONAL RECORD—HOUSE November 7, 2001 should be denied full participation in NATO. aggression. Today in the southern Balkans, NATO Parliamentary Assembly—the legisla- And no nation should fear the expansion of a as ethnic tensions simmer, Lithuanian tive arm of this vital organization—for nearly a defensive alliance which has done so much to troops stand shoulder-to-shoulder with US decade. Over those years, we have engaged encourage freedom and democracy and pre- forces, keeping the peace. Clearly this is an- in active discussions of matters relating to serve the peace on this continent. other example that Lithuania already is sup- That is why it is worth remembering that porting the collective security of all Europe. trade, financial services, labor policy and en- the Helsinki Act of 1975—a document her- But the American-Lithuanian relationship gaged our European partners in important dis- alded as a cornerstone for European security is not—and should not be—based solely on cussions regarding the role of NATO in such and cooperation—declares that ‘‘the partici- the traditional definition of mutual security. regional conflicts as that in the Balkans. pating states . . . have the right . . . to be or Our growing economic bond is critical to our These vigorous discussions, led for years by not to be a party to bilateral or multi-lateral continued good relations. our late Colleague Jerry Solomon, and now by treaties, including the right to be or not to And with Lithuania’s economic reorienta- our distinguished colleague—the gentleman be a party to treaties of alliance.’’ Our tion toward the West—helping to slash infla- from Nebraska, Mr. BEREUTER—have en- friends in Russia, who are signatories to the tion from 1,163 percent in 1992 to less than hanced communication among our govern- one percent in 1999—there is no doubt that Helsinki Act, should not fear Lithuania’s ments and thereby strengthened our national membership in a defensive alliance like more U.S. investment will follow. Lithuania those sanctioned by the accord. rightly looks toward America and Europe, security. I must make specific and sincere rec- I pledge to you that if Lithuania invests while not disregarding Russia, for its in- ognition of Jerry Solomon. He was an inter- the resources necessary to meet the require- creased economic integration. national leader and it is most appropriate that ments of NATO membership, I will do all in Further, Lithuania’s entry in the World he be identified in this legislation. my power to bring Lithuania into the alli- Trade Organization and progress toward Eu- In the last dozen years, various administra- ance in 2002. ropean Union membership—which I sup- tions—Democrat and Republican alike—and I intend to work side-by-side with Presi- port—are critical steps in your efforts to Congresses—Democratic-controlled and Re- dent Bush, Vice President Cheney, and Sec- broaden trade relations. I read recently that publican-controlled—have supported expand- the joint Wall Street Journal-Heritage Foun- retaries Powell and Rumsfeld to make this a ing the North Atlantic Treaty Organization reality. dation Index for Economic Freedom called Lithuania has further to go to achieve the Lithuanian economy ‘‘the most improved (NATO) to include newly democratic states in NATO membership, but we must not forget economy in the history of the index’’. With a Eastern Europe and the former Soviet Union. how far Lithuania has come in 10 short record like that, I have no doubt that Lith- In the NATO Participation Act of 1994, Con- years. This nation has already taken essen- uania can achieve every economic goal she gress declared that full and active participants tial steps on the road to full NATO participa- sets for herself. in the Partnership for Peace program (which tion. Lithuania continues to be a reliable The people of Lithuania and the people of provides U.S. military assistance to former member in the Partnership for Peace, an im- the United States are bound by a love of Warsaw Pact nations) should be invited to be- portant testing ground for compatibility freedom, by a desire to defend democracy, come full NATO members. with NATO forces; Lithuania has employed and by a faith in the free-market system. In the NATO Enlargement Facilitation Act of the NATO Membership Action Plan to focus We are also bound together by the one mil- lion Lithuanians who now call America 1996, Congress called for the prompt admis- defense resources and establish military pri- sion of Poland, Hungary, the Czech Republic orities; And Lithuania played a pivotal role home. Many of the Lithuanian-Americans in making the ‘‘Vilnius-9’’ process one of co- live in my home state of Illinois, in the great and Slovenia to NATO. It also declared that operation, rather than competition. city of Chicago. In fact, it was in Chicago ‘‘in order to promote economic stability and In addition, you are to be commended on where I first met many of your political security in Slovakia, Estonia, Latvia, Lithuania, your commitment to national defense spend- leaders, including your President, Val Romania, Bulgaria, Albania, Moldova, and ing. Your Prime Minister’s reaffirmation of Adamkus. Ukraine. And Congress signaled that we the government’s plan to dedicate 2 percent Earlier today, I was honored by President should not just be considering the emerging of Gross Domestic Product on defense by 2002 Adamkus as he awarded me the Order of the democracies in Central and Eastern Europe. is a critical benchmark. Grand Duke Gediminas (pronounced GET-A- ME-NAS). But we also should consider the candidacies Now, the members of this body must make of Poland, Hungary, the Czech Republic, and the difficult choices to ensure your national Later today, I will be presented the title of budget reflects this priority. And while budg- Honorary Citizen of Vilnius. One of Amer- Slovenia. et choices are never easy, the longterm bene- ica’s most beloved Presidents, Ronald These sentiments were reaffirmed by Con- fits of today’s national security expenditures Reagan, a fellow native of Illinois, was the gress in the European Security Act of 1998. will certainly pay off for years to come. first recipient of this title. In 1984 President Late next year, NATO will hold a summit in On regional security questions, too, Lith- Reagan said, and it is still true today, ‘‘We Prague, at which it will decide which additional uania has shown a high level of commitment. live in a time of challenges to peace, but also emerging democracies in Central and Eastern Your efforts to seek common ground with of opportunities to peace. Through times of Europe it will invite to join during the next Russia regarding Kaliningrad and your rela- difficulty and frustration, America’s highest round of NATO enlargement. tionship with Belarus continues to be han- aspiration has never wavered. We have and we will continue to struggle for a lasting A few weeks ago, Russian President Putin dled with great finesse. You and Poland have declared that Moscow is prepared to recon- built a strong partnership. And Lithuania’s peace that enhances dignity for men and continued good relations with Baltic and women everywhere.’’ sider its opposition to NATO expansion into Nordic nations are vital. Both of these honors I accept on behalf of states of the former Soviet Union as part of its Some are too quick to forget the tortured the many Lithuanian-Americans who have changing security relationship with the West years Lithuania endured as a captive nation. contributed so much to my country, and who since the terrorist attacks of Sept. 11. For five decades, the shackles of totali- keep the great nation of Lithuania in their Mr. Speaker, a word about our current tarianism bound Lithuania. But you never hearts and in their prayers. NATO allies is in order today as we approach gave up. Our sixth American President, John the two-month anniversary of the murderous Adams said: ‘‘whenever the standard of free- And for those 50 years, America steadfastly attacks on America on September 11. refused to acknowledge this illegal and im- dom and independence has been unfurled, there will be America’s heart, her bene- Americans were enormously grateful and re- moral Soviet action. It would be equally assured by the decision of our NATO allies, in wrong now, for NATO to fail to embrace the dictions and her prayers.’’ Lithuania has un- wishes of freedom loving Lithuanians. furled the standard of freedom. May God unprecedented action, to invoke Article 5 of During my last visit to Lithuania, I had bless you and all the people of Lithuania as the NATO Charter. At the time, this was a the opportunity to visit your KGB museum. He has blessed the United States of America. most important signal that the international I must tell you it was a very moving experi- Thank you. community will stand beside the United States ence to see firsthand the brutal methods em- Mrs. ROUKEMA. Mr. Speaker, I rise in in our fight against terrorism. ployed by the Soviet secret police and the strong support of H.R. 3167 and in strong sup- Today, NATO nations are cooperating with sinister tactics designed to strip this nation port of the goal of NATO expansion. our war against terrorism on many different of its unique identity and proud history. I thank the Chairman of the International levels and through many different activities. We all pray that this terrible period in Eu- This should go a along way toward silencing ropean history has been relegated to muse- Relations Committee for expediting consider- ums and history books along with the fall of ation of the bill and I would like to associate the critics who claim that the U.S.–NATO rela- Soviet communism. myself with his remarks. tionship is a one-way street. Here is a con- But, sadly, as we witnessed in the Balkans, Mr. Speaker, I have served as an active crete example of NATO providing important Europe was not rid entirely of the cancer of Member of the U.S. House delegation to the support to America in America’s time of need.

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00022 Fmt 0688 Sfmt 9920 E:\BR01\H07NO1.000 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21847 Mr. Speaker, I urge strong support for H.R. Jenkins Mollohan Serrano b 1314 John Moore Sessions 3167. Johnson (CT) Moran (KS) Shadegg Messrs. STUMP, JONES of North The SPEAKER pro tempore (Mr. DAN Johnson (IL) Moran (VA) Shaw Carolina, CARSON of Oklahoma, MILLER of Florida). All time for debate Johnson, E. B. Morella Shays PENCE, KERNS, AKIN and OTTER has expired. Kanjorski Murtha Sherwood Kaptur Myrick Shimkus changed their vote from ‘‘yea’’ to Pursuant to House Resolution 277, Keller Napolitano Shows ‘‘nay.’’ the previous question is ordered. Kelly Neal Shuster Mr. SESSIONS and Mrs. CLAYTON The question is on the engrossment Kennedy (MN) Nethercutt Simmons Kennedy (RI) Ney changed their vote from ‘‘nay’’ to and third reading of the bill. Simpson Kildee Northup Skeen ‘‘yea.’’ The bill was ordered to be engrossed Kind (WI) Norwood Skelton So the bill was passed. and read a third time, and was read the King (NY) Nussle Smith (MI) The result of the vote was announced third time. Kingston Oberstar Smith (NJ) Kirk Olver Smith (TX) as above recorded. The SPEAKER pro tempore. The Kleczka Ortiz Smith (WA) A motion to reconsider was laid on question is on the passage of the bill. Knollenberg Osborne Solis the table. Kolbe Ose Souder The question was taken; and the Kucinich Owens Stated for: Speaker pro tempore announced that Spratt LaFalce Oxley Stenholm Mr. LARSON of Connecticut. Mr. Speaker, the ayes appeared to have it. LaHood Pallone Strickland on rollcall No. 431, I was detained on legisla- Mr. BEREUTER. Mr. Speaker, on Lampson Pascrell Stupak Langevin Pastor tive business. Had I been present, I would that I demand the yeas and nays. Sununu have voted ‘‘yea.’’ Lantos Pelosi Tanner The yeas and nays were ordered. Largent Peterson (MN) Tauscher Stated against: The SPEAKER pro tempore. Pursu- Larsen (WA) Peterson (PA) Tauzin Mr. STEARNS. Mr. Speaker, on rollcall No. Latham Petri Taylor (MS) ant to clause 8 of rule XX, this vote Phelps 431, I was unavoidably detained. Had I been LaTourette Taylor (NC) will be followed by a 5-minute vote on Leach Pickering Terry present, I would have voted ‘‘nay.’’ Levin Pitts the motion to suspend the rules and Thomas f Lewis (CA) Platts agree to House Resolution 262 and on Thompson (CA) Lewis (GA) Pomeroy Thompson (MS) b approval of the Journal, if ordered. Lewis (KY) Portman 1315 Thornberry Linder Price (NC) The vote was taken by electronic de- Thune Lipinski Pryce (OH) EXPRESSING SENSE OF CONGRESS vice, and there were—yeas 372, nays 46, Thurman LoBiondo Putnam REGARDING WTO ROUND OF NE- Tiahrt not voting 14, as follows: Lowey Quinn Tiberi GOTIATIONS IN DOHA, QATAR [Roll No. 431] Lucas (KY) Radanovich Toomey Lucas (OK) Rahall The SPEAKER pro tempore (Mr. DAN YEAS—372 Towns Luther Ramstad MILLER of Florida). The unfinished Abercrombie Chambliss Gekas Lynch Rangel Traficant Ackerman Clay Gephardt Maloney (CT) Regula Turner business is the question of suspending Aderholt Clayton Gibbons Maloney (NY) Rehberg Udall (CO) the rules and agreeing to the concur- Allen Clement Gilchrest Manzullo Reyes Udall (NM) rent resolution, H. Con. Res. 262. Andrews Clyburn Gillmor Markey Reynolds Upton ´ The Clerk read the title of the con- Armey Combest Gilman Mascara Riley Velazquez Baca Cooksey Gonzalez Matheson Rivers Visclosky current resolution. Bachus Costello Goodlatte Matsui Rodriguez Vitter The SPEAKER pro tempore. The Baird Cox Gordon McCarthy (MO) Roemer Walden question is on the motion offered by Baker Coyne Goss McCarthy (NY) Rogers (KY) Walsh Baldacci Cramer Graham McCollum Rogers (MI) Wamp the gentleman from Pennsylvania (Mr. Baldwin Crane Granger McCrery Ros-Lehtinen Waters ENGLISH) that the House suspend the Ballenger Crenshaw Graves McDermott Ross Watkins (OK) rules and agree to the concurrent reso- Barcia Crowley Green (TX) McGovern Rothman Watson (CA) lution, H. Con. Res. 262, on which the Barrett Culberson Green (WI) McHugh Roukema Watts (OK) Barton Cummings Greenwood McInnis Roybal-Allard Weiner yeas and nays are ordered. Bass Cunningham Grucci McIntyre Royce Weldon (FL) This is a 5-minute vote. Becerra Davis (CA) Gutierrez McKeon Rush Weldon (PA) The vote was taken by electronic de- Bentsen Davis (FL) Gutknecht McNulty Ryan (WI) Weller Bereuter Davis (IL) Hall (OH) Meehan Ryun (KS) Wexler vice, and there were—yeas 410, nays 4, Berkley Davis, Tom Hall (TX) Meek (FL) Sabo Whitfield not voting 18, as follows: Berman DeGette Hansen Menendez Sanchez Wicker [Roll No. 432] Berry Delahunt Hart Mica Sandlin Wilson Biggert DeLauro Hastings (FL) Millender- Sawyer Wolf YEAS—410 Bilirakis DeMint Hastings (WA) McDonald Saxton Woolsey Abercrombie Blumenauer Chabot Bishop Deutsch Hayes Miller, Dan Schaffer Wu Ackerman Blunt Chambliss Blagojevich Diaz-Balart Hayworth Miller, Gary Schiff Wynn Aderholt Boehlert Clay Blunt Dicks Hefley Miller, Jeff Schrock Young (AK) Akin Boehner Clayton Boehlert Dingell Herger Mink Scott Young (FL) Allen Bonilla Clement Boehner Dooley Hill Andrews Bonior Clyburn Bonilla Doolittle Hilleary NAYS—46 Armey Bono Coble Bonior Doyle Hilliard Akin Frank Pence Baca Borski Collins Bono Dreier Hinojosa Barr Goode Pombo Bachus Boswell Combest Borski Dunn Hobson Bartlett Harman Baird Boucher Condit Boswell Edwards Hoeffel Rohrabacher Blumenauer Hinchey Baker Boyd Cooksey Boucher Ehlers Hoekstra Sanders Cannon Holt Baldacci Brady (PA) Costello Boyd Ehrlich Holden Sensenbrenner Carson (OK) Johnson, Sam Baldwin Brady (TX) Cox Brady (PA) Emerson Honda Sherman Coble Jones (NC) Ballenger Brown (FL) Coyne Brady (TX) Engel Hooley Slaughter Collins Kerns Barcia Brown (OH) Cramer Brown (FL) English Horn Snyder Condit Lee Barr Brown (SC) Crane Brown (OH) Eshoo Hostettler Stark Davis, Jo Ann McKinney Barrett Bryant Crenshaw Brown (SC) Etheridge Houghton Stump Deal Miller, George Bartlett Burr Crowley Bryant Evans Hoyer Tancredo DeFazio Nadler Barton Callahan Culberson Burr Farr Hulshof Doggett Obey Tierney Bass Calvert Cummings Callahan Fattah Hunter Duncan Otter Watt (NC) Becerra Camp Cunningham Calvert Ferguson Hyde Everett Paul Waxman Bentsen Cannon Davis (CA) Camp Filner Inslee Flake Payne Bereuter Cantor Davis (FL) Cantor Fletcher Isakson Berkley Capito Davis (IL) Capito Foley Israel NOT VOTING—14 Berman Capps Davis, Jo Ann Capps Forbes Issa Berry Capuano Davis, Tom Capuano Ford Istook Burton Ganske Meeks (NY) Biggert Cardin Deal Cardin Fossella Jackson (IL) Buyer Jones (OH) Schakowsky Bilirakis Carson (IN) DeFazio Carson (IN) Frelinghuysen Jackson-Lee Conyers Kilpatrick Stearns Bishop Carson (OK) DeGette Castle Frost (TX) Cubin Larson (CT) Sweeney Blagojevich Castle Delahunt Chabot Gallegly Jefferson DeLay Lofgren

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 21848 CONGRESSIONAL RECORD—HOUSE November 7, 2001 DeLauro Johnson, E. B. Pascrell Tiberi Walden Wexler minute and to revise and extend his re- DeMint Johnson, Sam Pastor Tierney Walsh Whitfield marks.) Deutsch Jones (NC) Paul Toomey Wamp Wicker Diaz-Balart Kanjorski Payne Towns Watkins (OK) Wilson Mr. FLAKE. Mr. Speaker, I rise Dicks Kaptur Pelosi Traficant Watson (CA) Wolf today to commend the world champion Dingell Keller Pence Turner Watt (NC) Woolsey Arizona Diamondbacks. Doggett Kelly Peterson (PA) Udall (CO) Watts (OK) Wu On Sunday night, the Arizona Dooley Kennedy (MN) Petri Udall (NM) Waxman Wynn Doolittle Kennedy (RI) Phelps Upton Weiner Diamondbacks engaged New York in Young (AK) Doyle Kerns Pickering Vela´ zquez Weldon (FL) what will truly go down as one of his- Young (FL) Duncan Kildee Pitts Visclosky Weldon (PA) tory’s greatest baseball games ever. Dunn Kind (WI) Platts Vitter Weller The game capped one of the most ex- Edwards King (NY) Pombo Ehlers Kingston Pomeroy NAYS—4 citing and thrilling World Series that Ehrlich Kirk Portman Dreier Kolbe baseball has ever seen. Emerson Kleczka Price (NC) Flake Waters In the end, the world champion Ari- Engel Knollenberg Pryce (OH) zona Diamondbacks emerged vic- English Kucinich Putnam NOT VOTING—18 Eshoo LaHood Radanovich Burton Gilchrest Meeks (NY) torious, and in doing so, they became Etheridge Lampson Rahall Buyer Hunter Peterson (MN) the first sports franchise in Arizona’s Evans Langevin Ramstad Conyers Jones (OH) Quinn long history to earn the right to call Everett Lantos Rangel Cubin Kilpatrick Schakowsky Farr Largent Regula DeLay LaFalce Stump themselves the best in the world. Fattah Larsen (WA) Rehberg Ganske Lofgren Sweeney They also became the fastest baseball Ferguson Larson (CT) Reyes b franchise to win a World Series, doing Filner Latham Reynolds 1324 so in just their fourth year of exist- Fletcher LaTourette Riley Mrs. BIGGERT changed her vote Foley Leach Rivers ence. Forbes Lee Rodriguez from ‘‘nay’’ to ‘‘yea.’’ The Arizona Diamondbacks take a Ford Levin Roemer So (two-thirds having voted in favor lot of criticism sometimes for relying Fossella Lewis (CA) Rogers (KY) thereof) the rules were suspended and heavily on their aces, Curt Schilling Frank Lewis (GA) Rogers (MI) the concurrent resolution was agreed Frelinghuysen Lewis (KY) Rohrabacher and Randy Johnson, but this victory Frost Linder Ros-Lehtinen to. shows that they are truly a complete Gallegly Lipinski Ross The result of the vote was announced team from top to bottom. This is not Gekas LoBiondo Rothman as above recorded. to mention their rookie manager, Bob Gephardt Lowey Roukema A motion to reconsider was laid on Gibbons Lucas (KY) Roybal-Allard Brenly, who did a fantastic job, and the Gillmor Lucas (OK) Royce the table. fantastic front office, led by Jerry Gilman Luther Rush f Colangelo. Gonzalez Lynch Ryan (WI) Goode Maloney (CT) Ryun (KS) THE JOURNAL Mr. Speaker, I want to express my pleasure not only for what the Arizona Goodlatte Maloney (NY) Sabo The SPEAKER pro tempore. Pursu- Gordon Manzullo Sanchez Diamondbacks did, but the manner in Goss Markey Sanders ant to clause 8 of rule XX, the pending which they did it. They did it with a Graham Mascara Sandlin business is the question of agreeing to great deal of class, integrity, and re- Granger Matheson Sawyer the Speaker’s approval of the Journal Graves Matsui Saxton spect, which is a real reflection on the Green (TX) McCarthy (MO) Schaffer of the last day’s proceedings. great State of Arizona. Green (WI) McCarthy (NY) Schiff Pursuant to clause 1, rule I, the Jour- On behalf of all Arizonans and Ameri- Greenwood McCollum Schrock nal stands approved. cans, I want to thank the world cham- Grucci McCrery Scott f Gutierrez McDermott Sensenbrenner pion Arizona Diamondbacks for pro- Gutknecht McGovern Serrano REMOVAL OF NAME OF MEMBER viding the country and the world with Hall (OH) McHugh Sessions Hall (TX) McInnis Shadegg AS COSPONSOR OF H.R. 2149 an exhilarating World Series, which re- Hansen McIntyre Shaw Mr. DICKS. Mr. Speaker, I ask unani- minds us why baseball is America’s fa- Harman McKeon Shays mous consent to withdraw my name as vorite pastime. Hart McKinney Sherman f Hastings (FL) McNulty Sherwood a cosponsor of H.R. 2149. Hastings (WA) Meehan Shimkus The SPEAKER pro tempore. Is there PAYING RESPECTS TO RAYMOND Hayes Meek (FL) Shows objection to the request of the gen- Hayworth Menendez Shuster T. BUTLER OF SACRAMENTO, Hefley Mica Simmons tleman from Washington? CALIFORNIA There was no objection. Herger Millender- Simpson (Mr. OSE asked and was given per- Hill McDonald Skeen f Hilleary Miller, Dan Skelton mission to address the House for 1 Hilliard Miller, Gary Slaughter REMOVAL OF NAME OF MEMBER minute and to revise and extend his re- Hinchey Miller, George Smith (MI) AS COSPONSOR OF H.R. 2180 marks.) Hinojosa Miller, Jeff Smith (NJ) Hobson Mink Smith (TX) Mr. HILLIARD. Mr. Speaker, I ask Mr. OSE. Mr. Speaker, I rise today to Hoeffel Mollohan Smith (WA) unanimous consent to remove my pay my respects to a friend of mine Hoekstra Moore Snyder name from cosponsorship of H.R. 2180. who passed away this past Saturday. Holden Moran (KS) Solis Raymond T. Butler was an icon in the Holt Moran (VA) Souder The SPEAKER pro tempore. Is there Honda Morella Spratt objection to the request of the gen- Sacramento community. I know my Hooley Murtha Stark tleman from Alabama? good friend, the gentleman from Cali- Horn Myrick Stearns fornia (Mr. MATSUI), also knew him Hostettler Nadler Stenholm There was no objection. Houghton Napolitano Strickland f very well. Hoyer Neal Stupak Ray was involved in virtually every Hulshof Nethercutt Sununu ANNOUNCEMENT BY THE SPEAKER aspect of community life in Sac- Hyde Ney Tancredo PRO TEMPORE ramento. He was by profession an in- Inslee Northup Tanner Isakson Norwood Tauscher The SPEAKER pro tempore. The surance man, but he was also involved Israel Nussle Tauzin Chair wishes to announce it will enter- in banks and the cable TV industry. He Issa Oberstar Taylor (MS) tain 1-minute and 5-minute special or- was a longtime volunteer in numerous Istook Obey Taylor (NC) civic organizations. Jackson (IL) Olver Terry ders until 2 o’clock today. Jackson-Lee Ortiz Thomas f Our community benefited from Ray (TX) Osborne Thompson (CA) Butler’s involvement in it for many, Jefferson Ose Thompson (MS) COMMENDING THE WORLD CHAM- many years. Our hearts go out to his Jenkins Otter Thornberry PION ARIZONA DIAMONDBACKS John Owens Thune wife and family in this time of loss. Johnson (CT) Oxley Thurman (Mr. FLAKE asked and was given Mr. Speaker, Sacramento has lost a Johnson (IL) Pallone Tiahrt permission to address the House for 1 champion, a lion of its community. We

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21849 were the better for his presence and we ties to Osama bin Laden, who is suspected of In southern Lebanon, Sheik Nabil Qaook, are the lesser for his passing. being behind the Sept. 11 attacks on the the strategist of the guerrilla campaign f World Trade Center and the Pentagon. against Israel, said in a speech during the The American action on Friday imposed weekend: ‘‘The U.S. lists don’t bother us the b 1330 stringent financial sanctions on the 22 slightest. When America accuses Hezbollah, groups. The government seized any assets of we take it as proof of the credibility of our SPECIAL ORDERS Hezbollah in the United States long ago, but goals. The SPEAKER pro tempore (Mr. DAN the latest move is seen as putting pressure ‘‘In the past, America didn’t shout so loud. MILLER of Florida). Under the Speak- on Arab governments to crack down on the When it is in a dominating position and er’s announced policy of January 3, fund-raising activities of Hezbollah and when the rules of the international game are other groups on the list. 2001, and under a previous order of the in its favor, we don’t hear accusations of ter- The widespread Lebanese outrage over the rorism. But when the balance of power leans House, the following Members will be American demand reflects the distance the other way, we hear them scream.’’ recognized for 5 minutes each. Hezbollah has traveled since it rose from the f f Shitte Muslim slums on the southern fringe of Beirut in the early 1980’s as a shadowy, DISAPPOINTMENT IN FORMER REINSTATEMENT OF MILITARY brutal band of kidnappers, suicide bombers CONSCRIPTION LEBANESE OFFICIAL’S REMARKS and airplane hijackers. (Mr. WOLF asked and was given per- Now it is a part of the Lebanese establish- The SPEAKER pro tempore. Under a mission to address the House for 1 ment, with members in Parliament, an im- previous order of the House, the gen- portant social service network and a tele- minute and to revise and extend his re- tleman from Michigan (Mr. SMITH) is vision station whose news programs are avid- recognized for 5 minutes. marks.) ly watched by many Lebanese. Mr. WOLF. Mr. Speaker, I want to Hezbollah has enjoyed the support of Syria Mr. SMITH of Michigan. Mr. Speak- express deep disappointment in an arti- and Iran. Syria dominates Lebanon’s polit- er, the service in the Armed Forces for cle which appeared in yesterday’s New ical affairs. all American men has been an experi- York Times with regard to Lebanon. Indeed, Hezbollah members are officially ence that has I think unified us in this We lost American men and women at regarded as national heroes—‘‘the resist- country. It has been a common experi- ance’’—for their role as guerrillas who op- the American Embassy in 1983. We lost ence of getting up early in the morn- posed the 22-year-long Israeli occupation of ing, eating mediocre food, but mostly 241 Marines who went there to help the southern Lebanon. Lebanese people and to help the Leba- The American ambassador here, Vincent understanding how the military works nese Government. Battle, presented the American position at and understanding the importance of There was an article whereby the an emergency meeting he requested on Fri- patriotism in this country. former Prime Minister, Selim al-Hoss, day with the Lebanese foreign minister, I ask my colleagues, Mr. Speaker, to said the following: ‘‘The United States Mahmud Hammud. realize that within a few years there is consequently a terrorist partner, The foreign minister was apparently will be nobody in this Chamber that unimpressed. has served in the military. In a few which makes the U.S. unfit to lead the ‘‘The Lebanese resistance has expelled world.’’ Israel’s occupation army from south Leb- years, there will be nobody in State Mr. Speaker, we need in this region anon last year,’’ Mr. Hammud said. ‘‘We are legislatures that has served in the mili- reconciliation; we need peace. We do proud of it.’’ tary except, possibly, for maybe a few not need inflammatory statements like ‘‘We view the resistance as a legitimate heroes that have come back and had this from the leadership and former means to liberate our land from Israeli occu- the name ID that allows them to run leadership of the Lebanese Govern- pation, and we hold fast to it, with the sup- for political office. port of Syria and the rest of the Arab I think that is a great danger in ment. We should be bringing people to- world.’’ gether, not dividing people. Perhaps the most striking reaction came terms of the understanding of legisla- Mr. Speaker, I include for the from an unexpected quarter, the elder states- tive bodies here in the U.S. House of RECORD the article I referred to. man Selim al-Hoss, a soft-spoken academic Representatives, over in the U.S. Sen- [From the New York Times, Nov. 6, 2001] and a Sunni Muslim who was the long-suf- ate and certainly in all our legislative fering prime minister through many years of LEBANON TO RESIST U.S. SANCTIONS ON bodies, the State legislatures, as well civil war. He is widely respected for his per- HEZBOLLAH as municipal jurisdictions. That expe- sonal integrity, though as a leader he was (By John Kifner) rience of serving in the military has rendered powerless by religious militia fac- unified us. BEIRUT, LEBANON.—The Lebanese govern- tions in a land then corrupt beyond imagina- ment is indignant over American pressure to tion. I have been working on legislation freeze the assets of Hezbollah, the Shiite ‘‘America supports the world’s most brutal for the past 5 years that would rein- Muslim organization bitterly opposed to terrorist state and the deadliest ever ter- state military conscription in a process Israel. rorist who leads it,’’ Mr. Hoss said, referring that is both voluntary and mandatory. It is a request the Lebanese are likely to to Israel and its prime minister, Ariel Shar- It would direct the Secretary of the reject, according to officials and accounts in on. ‘‘The United States is consequently a Army and the President to reinstate a newspapers here including the daily owned terrorist partner, which makes the U.S. unfit conscription between 6 months and 1 by Prime Minister Rafiq Hariri, which is pre- to lead the world.’’ sumed to reflect his views. Indeed, it was widely assumed here that year where those individuals would go ‘‘The government is headed for a refusal to Israel was behind the new list, particularly through a kind of orientation of boot freeze Hezbollah money or to interfere with after the influential Israeli lobby in Wash- camp, but also the learning of inter- the resistance,’’ that newspaper, Al ington, the American Israel Public Affairs national relations, the learning of ter- Mustaqbal, reported today. Committee, applauded it. rorism and how terrorists work and The apparent impasse once again spot- To Hezbollah the condemnation was a where they come from, a better under- lights the difficulties the Bush administra- badge of honor. standing of the different goals of the tion has in cobbling together its inter- ‘‘We feel proud we have been taken as an national coalition against terrorism in the enemy that should be blacklisted as terrorist countries around the world, and then face of overriding, passionately held views by the Great Satan who heads the greatest after, but also the military discipline on local issues, particularly the Israeli-Pal- pyramid of tyranny, repression and arro- of that kind of basic boot camp ori- estinian conflict. gance of modern times,’’ Sheik Hassan entation. Hezbollah, whose name is Arabic for Party Nasrullah, the group’s leader, said at a rally. After that there would be a discre- of God, was listed by the State Department ‘‘It is natural for the American administra- tion. If they do not want to continue to on Friday, along with 21 other groups—a tion to blacklist Hezbollah and the other serve in that kind of military combat number of them Palestinian supporters op- struggling Palestinian factions.’’ training role for the rest of that 6- posed to the faltering Middle East peace ef- Sheik Nasrullah issued a prohibition forts—as a terrorist organization whose fi- against any form of assistance to the Amer- month period or for the rest of that nancial resources should be cut off. ican operation in Afghanistan, calling it, ‘‘a year period discretionarily, they would Those groups join the list that already in- war against every Muslim who refuses to have the option of working in commu- cludes groups under the control of or with bow or kneel to the United States.’’ nity service or going into AmeriCorps

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 21850 CONGRESSIONAL RECORD—HOUSE November 7, 2001 or going into some other service for the unemployment levels and that Times. Think about the connection be- government. They would receive mod- globalization without a social contract, tween WTO and Qatar this week and est pay but exceptional training to and those are my words, not the words what is going on in South Africa, and bring back that kind of unity of experi- of the New York Times, creates a ris- what is going on in Mexico where ence that is so important, I think, as ing poverty and rising wealth for only wages have been cut in half, and what we conduct business that involves, the few, and that our globe is being af- went on in Seattle when people did not more and more, the rest of the world. fected by these forces, these powerful earn enough for the work they do. An understanding of international re- economic forces in all regions. What kind of system is this country lations has been so obvious since the Recently, this week, Secretary Pow- promoting? September 11 attack on this country. I ell has met with the top leaders of Ban- f would encourage my colleagues to call gladesh, Bangladesh, one of the poorest nations in the world, which has a $2 CREATING SAFER AIRLINE me or my office to get a copy of this TRAVEL draft legislation, to look into the possi- billion trade deficit with the United bility of renewing military conscrip- States. The SPEAKER pro tempore (Mr. DAN tion in both a mandatory and a vol- How do these stories connect? These MILLER of Florida). Under a previous untary way that they could earn cred- stories connect because in Bangladesh order of the House, the gentleman from its with the GI Bill of Rights provi- over 3,500 contract shops operate, pro- California (Mr. ISSA) is recognized for 5 sions for the time that they serve their ducing over a billion garments for the minutes. Mr. ISSA. Mr. Speaker, I do not come country. world, half of which come here to the often to the well of the House, but It would give those individuals the United States. today I feel it is essential that I ad- kind of experience, but more than that, Women in that country make caps dress both my fellow colleagues here it would be a binding force of common that are worn by athletic teams at all today and the American people because experience that would hold this coun- of our major universities, for example. we are now in the process of consid- try together. They are forced to sew 320 caps per hour if they want to keep their job, and ering airport security. And the debate, f their bosses want them to increase it in my opinion, has degenerated to do WORLD TRADE ORGANIZATION to 370 caps per hour. For each cap, they we, in fact, hire Federal workers or do MEETING IN QATAR are paid a penny and a half. Those caps we hire non-Federal workers when, in The SPEAKER pro tempore. Under a arrive in our country for a total of $1 fact, the House of Representatives and previous order of the House, the gentle- for total costs of production and ship- the Senate clearly agree on two things that are existing today. woman from Ohio (Ms. KAPTUR) is rec- ment, material, labor and transpor- One is that we need to up and im- ognized for 5 minutes. tation. And then they are sold, on aver- prove the standards; secondly, that the Ms. KAPTUR. Mr. Speaker, I just age, inside this economy for $17 to $19 existing contractors who are doing the wanted to draw my colleagues’ atten- a cap. job today, that is supposed to result in tion to yesterday’s New York Times, Now, the foreign minister of Ban- our safety in the air, are not doing the front page. There are some stories gladesh wants us to remove further their job properly. there that bear an interrelationship tariffs on these items coming to our country. And what I am thinking is, Only yesterday when Chicago was that is important. proven to be a hopeless sieve, and other There was a major story about the even if we remove the tariffs, what guarantees are there that the women of cities when it was shown that these World Trade Organization’s upcoming that country would get a living wage? workers, many of them, most of them meeting in Qatar in the Middle East, There is absolutely no guarantee. not citizens, operated by a foreign cor- the first meeting that the WTO will be The trading system that this poration that does not even ensure holding since Seattle; and the story globalization regimen has put in place that the background checks are done, talks about the World Trade Organiza- has put a downward pressure on work- even after paying a huge fine, they con- tion and some of the difficulties that it ers across this world; and they are ris- tinue to not do the background checks. has been having in gaining broad-based ing up in South Africa, in the Middle They continue to not meet the require- public support for its activities and de- East, in South America. We saw their ments that will lead to America’s safe- liberations; and in fact, the story im- faces in Seattle. Somebody had better ty. plies that if these meetings in Qatar pay attention to what is wrong with I get on an airplane virtually every are not successful, it might spell the this global trading system. It works to week. I have over 100,000 miles this demise of the WTO and the type of the benefit of the few at the cost of the year alone going back and forth to my globalization initiatives that have en- many. district. I as much as any other mem- sued since this Congress passed GATT I am for trade. I have a trading dis- ber of this great Nation have a vested just a few years ago when the WTO was trict, but I am for the dignity of the interest in airline safety, as do all of set up. working person whether they work on my colleagues here today and on the One of the reasons it says that these the farm or whether they work in the other side of the House. talks are having difficulty is because of factory, wherever in the world they There is no question that we must the fact that the world trade system exist. This world trading system must act and act immediately. From this has resulted in widening disparities be- have a social contract, and without body we do not call on the administra- tween the very rich and the very poor, that we are going to have political tion to specific action, but I call on all and it is very interesting that the tremors across this world, the likes of of us in government to immediately meeting is being held in a part of the which the free nations have never expe- fire these contractors who have failed world which demonstrates the wide dis- rienced before. to protect us, those contractors who parity in incomes between the very I would say that you must have free continue to violate the laws. Do not rich and the very poor. trade among free people. And that fine them; fire them. I believe that On the same front page there was a trade regimen that is put in place by while we are deciding who can protect story about the rumblings in South Af- the laws we pass and by the institu- us better, I would feel much safer hav- rica that have come since independence tions like the World Bank and the ing my county sheriff standing there, was granted, and what does it talk International Monetary Fund and the having my California National Guard about? It talks about the growing dis- Export-Import Bank, if they do not and every other State’s National parity in South Africa between the give credence to democratic rights and Guard. And I know that those men and very rich and the very poor and the freedoms then, my goodness, what are women with minimal supervision on fact that thousands and thousands of we doing? Day One will be U.S. citizens, will people are having their electricity shut So I would commend to my col- speak, read, write English, will under- off, are not able to earn a living, rising leagues, take a look at the New York stand better what behavior that is not

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consistent with a normal passenger monies, they are not distributing it, HUTCHISON, and Ms. SNOWE, to be the would be, and they will be motivated and there are roughly 50,000 people that conferees on the part of the Senate. for airline safety. Pay them what they are unemployed up in New York be- f need to have. Get them there today. cause of the September 11 calamity. RADIO FREE AFGHANISTAN WILL Mr. Speaker, we cannot wait until And with the 5,000 people killed, there HELP WIN HEARTS AND MINDS our law is passed, until it is are roughly 7,000 children without par- OF YOUNG AFGHANS conferenced, until it is signed, until it ents. So we need these charities to step is enacted. Mr. Speaker, we, in the Fed- forward and to go ahead and distribute (Mr. KENNEDY of Minnesota asked eral Government before Monday morn- this money as quickly as possible. and was given permission to address ing comes, before we fly on Veterans’ Earlier this year, and recognizing the the House for 1 minute and to revise Day, we must have better airline safe- vital roles of charity, especially chari- and extend his remarks.) ty. I call on all of us to act and act im- table foundations, I introduced legisla- Mr. KENNEDY of Minnesota. Mr. mediately to bring the kind of safety tion to abolish an antiquated excise Speaker, I am here to applaud this to our airports that we can bring only tax that not-for-profit foundations pay Chamber for passing the Radio Free Af- by replacing these proven criminal cor- on their net investment income. I am ghanistan bill, because the battle we porations and getting their question- hopeful my colleagues will support this are in right now is not just to win this able employees off the system, off the and it will be part of the stimulus war militarily, but we have to win the payroll and bringing in loyal Ameri- package, because if we do not have this hearts and minds of those young boys cans. antiquated excise tax on the not-for- and girls playing out in the street or Mr. Speaker, I ask for this to be en- profit foundations, they will have more playing in the dirt and thinking about acted and enacted before our great hol- money to distribute. what are they going to be when they iday. As I mentioned earlier, Mr. Speaker, grow up. f Americans are very generous in their We cannot have them saying they donations, and yet we hear stories of want to grow up to be a bin Laden; that CHARITABLE DONATIONS FOR people saying they went to ground zero they want to grow up to be a terrorist. SEPTEMBER 11 ATTACK VICTIMS and went to the various charitable or- We need to have them thinking about The SPEAKER pro tempore. Under a ganizations and lo and behold they wanting to grow up to be a farmer, to previous order of the House, the gen- could not get money. A few did, but for be a teacher, to be a truck driver, a tleman from Florida (Mr. STEARNS) is the most part they got very little doctor, and get the ideas in their head recognized for 5 minutes. money. So I am here this afternoon to of the freedom that we enjoy here and Mr. STEARNS. Mr. Speaker, today encourage the charities to distribute have them yearning for that freedom. the Subcommittee on Commerce, the money and realize that in the end So this is a country that has spread Trade and Consumer Protection had a the money that they collected is for our way of life and our philosophy hearing where we listened to the new those 50,000 people unemployed who throughout many parts of the world. chairman of the Federal Trade Com- cannot make mortgages and those We need to make sure they in Afghani- mission, Mr. Tim Muris, and we talked roughly 7,000 children that are without stan know that we hold out our hearts about a lot of issues that are under his fathers and mothers. and prayers to them; that there is a control. On the previous day, we had a Let me conclude by saying that the better life waiting for them. We need to hearing of the Subcommittee on Over- FTC, in the hearing we had today, indi- inspire their young, and all the people sight and Investigations in which the cated in testimony that their findings of Afghanistan, for the future. chairman did an excellent job dealing are that fraud cases are few and far be- f tween. So while there has been some with questions of the charities that FAST TRACK AND THE talk about these charitable organiza- have been created as a result of the ENVIRONMENT September 11 catastrophe. tions as scam activities, from what the The outpouring of support from FTC chairman has seen, these frauds The SPEAKER pro tempore (Mr. DAN Americans is truly magnanimous since are few and far between. And I am MILLER of Florida). Under a previous this tragedy. But we have to be sure heartened and pleased to hear the order of the House, the gentleman from that the contributions that are made agency is aggressively monitoring and Ohio (Mr. BROWN) is recognized for 5 expressly for the purpose of aiding fel- investigating any attempts of fraud minutes. low Americans in the wake of these at- within charities to take advantage of Mr. BROWN of Ohio. Mr. Speaker, on tacks are used for the right purpose. In the September 11 occurrence. Monday, the League of Conservation my home State we had Hurricane An- We need to highlight here in the Voters circulated a letter urging Mem- drew, which was a major catastrophe, a House and the Senate how important it bers to oppose the Presidential trade calamity; and we had the same type of is that we show confidence in these negotiating authority known as Fast outpouring of contributions that were charities, but at the same time the Track, or trade promotion authority. given to help the victims of that hurri- charities need to show and dem- League of Conservation Voters warned cane, and, likewise, since September 11 onstrate that they are helping by dis- it would consider including the trade we have had the same thing occur here tributing the money. bill on its annual scorecard. in this country. f The league has stated Fast Track Americans regularly give to char- would threaten hard-won environ- FURTHER MESSAGE FROM THE mental and public health laws and reg- ities. A recent study in the Washington SENATE Times indicates that the average ulations. The bill would do nothing, household gives about $1,600 or 3.2 per- A further message from the Senate nothing, to prevent countries from low- cent of their income to charities. In ad- by Mr. Monohan, one of its clerks, an- ering their environmental standards to dition, about $1 billion has been do- nounced that the Senate disagreed to gain unfair economic and trade advan- nated for relief efforts. The outpouring the amendment of the House to the bill tages over Western democracies. of donations since the attack provides (S. 1447) ‘‘An Act to improve aviation Environmental provisions must be further evidence of the desire and in- security, and for other purposes,’’ included, Mr. Speaker, in the core text stinct of Americans to help their fellow agrees to a conference asked by the of these trade agreements. Though man. House on the disagreeing votes of the Fast Track supporters have repeatedly two Houses thereon, and appoints Mr. refused, these provisions must be en- b 1345 HOLLINGS, Mr. INOUYE, Mr. ROCKE- forced by sanctions. Simply look at That is a given. FELLER, Mr. KERRY, Mr. BREAUX, Mr. how environmental and labor standards But, Mr. Speaker, the problem is a DORGAN, Mr. WYDEN, Mr. MCCAIN, Mr. evolved in the United States. Creation lot of these charities are keeping these STEVENS, Mr. BURNS, Mr. LOTT, Mrs. of these standards did not come about

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 21852 CONGRESSIONAL RECORD—HOUSE November 7, 2001 because corporations wanted them. To Corporations have been quick to cap- have an in-depth discussion on a couple the contrary. They arose because con- italize on chapter 11. We have seen it in of different issues that I think are very cerned citizens demanded change to Canada, we have seen it in the United important with the current matters prevent companies from abusing work- States, we have seen it with Mexican, that we have facing us. The first mat- ers, from polluting our air and from American and Canadian corporations. ter I would like to discuss at some dumping waste into our waters. As power shifts from democratically length would be profiling and the need Through free speech and the demo- elected governments to corporations, for profiling for the national security cratic process, the U.S. developed laws many more corporations will attempt of this country. I have some experience to protect workers and the environ- to strike down environmental laws, to in security. I used to be a police officer. ment. But many in the developing weaken food safety laws, to eliminate I have a pretty good idea of what we world do not have these privileges. In consumer-protection statutes. need to do to look out for suspects and the developing world, decisions are Chapter 11’s provisions suggest that how we can help and assist all citizens typically made by three groups: gov- when one country’s public health laws of this country, regardless of their ernment leaders, usually not elected; collide with a foreign corporation’s background, in being sure that they factory owners, who are often one of profits, then public health usually are secure and safe as they walk the the same with government leaders; and loses, time after time after time. Every streets of this country, or as they go up Western companies. single time in the World Trade Organi- into a building. Would authoritarian government zation and almost every single time The second thing I want to discuss at leaders be in favor of cleaning up the under NAFTA. length this afternoon is missile de- environment or expanding worker Americans need to know whether the fense. It is absolutely critical at this rights? I do not think so. Would local Bush administration believes that cor- juncture in our Nation’s history that factory owners be in favor of tougher porations deserve to trample on laws we prepare, that we prepare a missile greenhouse gas emission standards? I that protect our health and protect our defense system for this Nation. Any- do not think so. Would Western cor- environment. Congress should not thing that falls short of a complete porations be in favor of rules to reduce allow chapter 11 to be incorporated missile defense system for this Nation, the dumping of toxic chemicals? I do into Fast Track. We need to protect in my opinion, would demonstrate not think so. the laws that we in this democratic dereliction of the duties that we have, How can the free trade lobby assume body, and State legislatures in their the responsibilities that we accepted that labor and environmental stand- democratic bodies, and city councils in when we were sworn in to represent the ards will expand in the developing their democratic bodies have created. people of this Nation. world when those who can improve the More and more Members of Congress Let me start with profiling. I have situation are the ones who profit from are joining the ranks calling for trade seen, and I have been very disappointed its abuse? Changes will only occur if agreements that are not rammed down and discouraged recently, about some there is an incentive to change, and the the public’s throats and that in fact re- people playing what I would call the trend in corporate globalization, these spond to true social and economic race card against profiling. We have to trade agreements, provides very few in- ramifications across the globe. We need talk in a very serious tone and with centives to do the right thing. If we fail to include these important to press for U.S. trade policy with pro- thoughts of the consequences of doing provisions in trade agreements, multi- visions that do, indeed, protect the en- things and not doing things, about national corporations will continue to vironment, not weaken environment tools of enforcement that we can uti- see these improvements as an unneces- and public health laws. We need to lize within the borders of our country sary expense. We cannot allow the ad- press for provisions that promote the and outside the borders of our country ministration to push forward on these advancement of stronger environ- and for the people that want to cross trade agreements, such as NAFTA, mental standards. We need to press for the borders of our country and for the that value foreign investment more provisions that can be effectively en- people that want to leave the borders than they value the American worker. forced. Fast Track, Mr. Speaker, is not of our country, tools that we can use to We cannot give corporations the green the answer. help secure the national security. One light to disregard human rights, to dis- f of those tools is profiling. Now, let me distinguish at the very regard labor standards, to disregard en- RECESS vironmental laws. We cannot reward beginning the difference between what nations for abusing the ideals and the The SPEAKER pro tempore. Pursu- I describe and what I define as racial values that we in this country hold ant to clause 12 of rule I, the Chair de- profiling, which most people in this dear. clares the House in recess subject to country, including myself, are justified The greatest abuse of our principles the call of the Chair. in opposing, and utilizing race as one of is not really what is being left out but Accordingly (at 1 o’clock and 55 min- the components of a threat profile. We what has been put in these trade agree- utes p.m.), the House stood in recess will see on this chart to my left, again, ments: something called the investor- subject to the call of the Chair. how do I define racial profiling. My col- to-state relationship establishing chap- f leagues will see I have obviously a red ter 11 of NAFTA. Through chapter 11, b 1636 circle through racial profiling. private corporations, for the first time Racial profiling is where that is the ever, can sue a foreign government and AFTER RECESS only determinant factor that one uti- overturn health and safety laws passed The recess having expired, the House lizes in one’s profile construction. Now, by a democracy. was called to order by the Speaker pro obviously, if race is one’s only deter- Now, U.S. Trade Representative Bob tempore (Mr. SHUSTER) at 4 o’clock and minant factor, the only factor consid- Zoellick has committed to including 36 minutes p.m. ered, it raises a balloon for a very le- that same chapter 11 in Fast Track. f gitimate argument that one is creating Not only can laws be overturned, but or causing discrimination. taxpayers in that nation are also liable PROFILING AND MISSILE DEFENSE Now, there are some cases where one for damages if a NAFTA tribunal rules The SPEAKER pro tempore. Under may not have any other factors other a law or regulation causes an unfair the Speaker’s announced policy of Jan- than the person’s ethnic background; barrier to trade. Understand this point: uary 3, 2001, the gentleman from Colo- and in that case, for example, one puts corporate trade lawyers can effectively rado (Mr. MCINNIS) is recognized for 60 out a description only using the ethnic repeal a nation’s public health or an minutes as the designee of the major- background because that is all the in- environmental law that was enacted ity leader. formation one has. Let me give an ex- through a democratic process behind Mr. MCINNIS. Mr. Speaker, I wanted ample. One is called to the scene of a closed doors. to take a little time this afternoon and bank robbery and the witnesses at the

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.000 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21853 bank robbery, within moments after the only reason they were detained. It there is a certain amount of random se- the bank robbery is committed, when is a clear case of discrimination. They lection that needs to take place. you arrive at the bank, all they can go through all of these facts that of That, at this point, until we get that tell you is I do not know what size they course make the case seem horrible. in there, is the best alternative we were, I did not see their face, but it was And maybe it was a bad, bad case. But have. We have no other alternative. We a white man. It was a white male. that is not the situation that is occur- have to maximize immediately the Then, one is justified in saying, in im- ring out there. I have said to people be- safety of travel within this Nation and mediately putting out an alert, look, fore, look, I realize that with the mil- the safety of the citizens of this Na- we know that the suspect was a white lions and millions of travelers that we tion, our national security. male. That is all we have at this point have in this country every day, that So how do we build a profile? What in time. All units be advised, there is a there are going to be some select, some kind of profile am I talking about? I white male that just committed a bank very select situations of discrimina- think, for example, ethnic background robbery. tion. But it is very easy to overstate is a legitimate component of it. Take a I do not know anybody that says that that number. It is very easy to criticize look. Here is typical of what I call is not a legitimate purpose or a legiti- law enforcement. It is very easy to ‘‘threat profiling.’’ That is what I am mate means. But where one would run criticize airport security on this pro- advocating here, threat profiling. Who into problems and where one sees dis- file. is it we are up against? crimination is if, for example, an Irish What I have said to my critics is, We have some people out there that person is getting ready to get on a produce the numbers. Show us case by want to do very terrible things. We plane or an Arab is getting on a plane case, and if we have a case where we have obviously seen firsthand what and simply because of the fact that have bad performance by law enforce- they have wanted to do, as a result of their ethnic background is Muslim or ment or bad performance by airport what happened at the Pentagon and in Arab you pull them aside and question personnel or whatever personnel were New York City. them, simply because, and the only de- involved in this, there ought to be dis- Mr. Speaker, I ask Members, do not termining factor in making that deci- cipline. Because we should have zero let people try and back us down by say- sion is their nationality or their ethnic tolerance; zero tolerance for discrimi- ing that the politically correct thing is background. That is not enough to jus- nation in this country. to not question anybody who might be tify it under our Constitution, in my But let us not confuse who are the offended by questioning; do not dare opinion. I think it is discrimination, victims here. Who are the victims in approach anybody who could claim dis- but we have to weigh out these situa- this situation? Think about September crimination; do not infringe on any- tions. 11. We have to quit being politically body’s right to board an aircraft sim- Now, I can tell my colleagues that correct. What has happened is we have ply because we are interested in a num- my stand in utilizing ethnic, or not ex- moved from being constitutionally cor- ber of components for a profile. cluding, that is perhaps a better way to rect to politically correct. I am telling I actually have some constituents put it, my position is that we should my colleagues, there are law enforce- out there, Mr. Speaker, that think not exclude ethnic background any ment personnel, there are airport secu- profiling, period, regardless of how we more than we should exclude age or re- rity personnel who are afraid to ques- construct the profile, is not legitimate. ligion when we build a profile with a tion certain individuals because they I find that pretty interesting, because number of components. are afraid those particular individuals think about it, think about this: we Now, some of the people who have op- will complain that they are being dis- find profiling in every avenue of our posed this frankly are taking examples, criminated against. life. Think about it. extreme examples of abuse by law en- b Our schools, for example, our schools forcement where, in fact, they may be 1645 profile. Our schools profile which stu- right, the people, the critics may be That seems the easiest get-out-of- dents are getting poor scores. Our right, that in those particular cases, jail-free card one could use. If they are schools profile neighborhoods: gosh, ethnic or what we would call racial detaining a person in the airport and people from this side of the city are profiling took place and there was a one has any kind of ethnic leverage, getting poorer scores than people from clear demonstration of discrimination. they could just complain they are this side of the city. They profile by But let me tell my colleagues, for ex- being discriminated against: Why are race; they profile by, okay, the white ample, the other day in my debate I you searching me? You are discrimi- students in this age bracket at this said, look, we have bad arrests in this nating against me. grade are at this reading level, the country. We have a cop who makes a I have yet to meet one traveler, and black students are at this reading bad arrest, poor judgment. We have a I fly a lot, as my colleagues do, I have level, the Hispanic students are at this lot of good police officers out there; yet to meet one of our constituents or reading level, the Vietnamese are at but every once in a while, a bad police one traveler out there that is not will- this reading level. officer or a good police officer even ing to go through what is necessary, to The colleges do it; they profile their makes a bad judgment call. If we have search their baggage and their fellow top engineering students. We use it in a bad arrest, should you immediately passengers’ baggage, so they know education every day. jump from the conclusion that you when they get on that aircraft that We use it in marketing. We use it to have had one bad arrest and therefore, that aircraft has been secured and is assess risks. That is another area, in logically, you should have no more ar- safe to fly. insurance and in marketing. rests so that we avoid all future bad ar- Part of doing those kinds of checks, The media, take a look at any news- rests? Of course we would not draw until we are able to put into place our paper or any television station that that kind of conclusion. That is ex- computerized system which, through criticizes through editorials, or any actly the type of conclusion that my technology, will check every passenger radio station, and take a look at what critics are attempting to draw when I that gets on that aircraft, their back- they do. They profile every day of the speak of national security and a ground, et cetera, through either eye week. They profile who their listeners profiling system that will help us pro- scanning or other devices, will check are, who their viewers are, who is most tect our national security. every piece of cargo that goes under- likely to buy the products that they What my critics try to do is they try neath that aircraft, will check every are trying to sell over their medium of to come out and say, look, here is a bag that goes on that aircraft, whether communication. Of course they profile. case. This person was detained as they it is a carry-on bag, whether it is a Hospitals profile. Traffic is profiled. wanted to board an airplane, only be- purse that somebody has over their In fact, I challenge my colleagues to cause of the fact that they were Arabic shoulder, or whether it is checked-in name one aspect, one aspect of our life background. They are Arabs. That is baggage, until we get to that point, that is not profiling. We profile. Our

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 21854 CONGRESSIONAL RECORD—HOUSE November 7, 2001 political parties profile. Frankly, the It sounds like a lot of common sense. smart. Obviously, it is constitutionally political parties also profile based sole- Nobody in these Chambers would dis- protected. It may not be politically ly on race, in some cases, based solely agree with this type of profiling. All I correct, with a small number of people. on ethnic background. am saying is it is a huge mistake, a It may be abused by a small number of For example, they might say, hey, huge mistake for us to allow political law enforcement personnel. this is a black district. Let us go in, be- pressure by a very select number of But overall, if it just saves one ter- cause the blacks tend to vote Demo- people to give any kind of commitment rorist attack, and it will save a lot of crat, so let us not profile anything that we will not allow ethnic back- terrorist attacks, we have proven evi- other than how many blacks in there ground to be considered as a compo- dence of that and we know it does, so if are registered. They profile strictly on nent of a threat profile. it can just assist our Nation and the one factor, and the Republicans do the We are correct, however, to accept citizens that we have a responsibility same thing with contingencies of, let pressure and to make commitments to protect in this Nation by giving us say in a particular community it not to use as a profile the sole, the sole them some assurance of protection and may be that the Irish in that commu- component of race, because, as we actual protection, then we ought to be nity support the Republicans in bloc know, when the sole component is race using it. form. They go and they profile, too. only, that does tend to lead to the dif- So I would ask my colleagues, as this What I am saying here is, for God’s ficulty of discrimination which most continues, number one, very quickly sakes, if we allow profiling for mar- people in this country, if not the over- ask for the facts of the abuses that are keting purposes, if we allow profiling whelming majority of people in this alleged. Ask them to lay out each par- out there in our schools, if we allow country, believe that discrimination ticular case where this so-called abuse profiling in every step of our lives, why should have no less than zero toler- took place. We will find in some of do we not or why are we resistant at all ance, zero tolerance for discrimination. those cases that abuse did in fact take to profiling to protect the national se- So I am not a proponent of, nor are place, but I believe Members will also curity of the United States of America? my colleagues proponents of, what I find that most of these allegations are This is not a game. The nice guy fin- would call that type of racial profiling, limited in number, maybe legitimate ishes last here. In this kind of matter, where the only factor we have, looking but limited in number. the nice guy finishes last. to the left to my poster, the only fac- Then take a look at what a good Take a look at what we do when we tor that we have to consider is race or threat profile, which allows as one of buy insurance, for example. Insurance ethnic background. its components ethnic background, companies profile for risk. That is But I am strongly advocating that we take a look at how much good that can what I am asking that we continue to continue to encourage, in fact that we do, how powerful that weapon is for do. We need to profile for risk. What is mandate, until we come up with a bet- protection of not just ourselves but our threat profile? What is the threat? ter alternative, that we mandate protection of our fellow citizens. What is the risk? Think about it with an insurance threat profiling. It is common sense. It So I urge that my colleagues take company. Nobody says this is an ille- is not rocket science; it is common into consideration and run away from gitimate or somehow not politically sense. the politically correct theory out correct matter. It is a fact of insur- For example, we can pretty well take there, and to take into consideration ance. If they are going to insure some- a look at a person’s behavior, what we just how much we depend on threat body, they had better assess their risk. may know about their behavior. We profiling for the protection of our soci- It is the same as if anybody wants to may know their age, we may know ety. invest in business. If one wants to in- their gender, we know their nation- Mr. Speaker, I want to change sub- vest, they had better assess their risk. ality, we know the ethnic background. jects real quick and talk about one of That is exactly what profiling does. They may have certain flight informa- my favorite topics, that is, missile de- Back to insurance. Let us talk about tion; for example, did they buy a one- fense. insurance. We know, for example, that way ticket, a round-trip ticket, et A little history on missile defense. males between the ages of 16 years old cetera, et cetera. We might know their We have a treaty called the Anti- and, say, 21 years old, and then an addi- religious background, educational ballistic Missile Treaty. My colleagues tional profile between 21 and 25, we background, criminal background. know what that is about. Back in the know that males in that age bracket As we begin to get more and more in- 1970s, there were only two nations, only tend to speed more. We know they tend formation on these elements, the more two nations in the world, only two na- to drink and drive more. We know that information we get, the more accurate tions in the world that were capable of they tend not to use their seatbelts. the threat profile becomes. Threat delivering a missile into the borders of Members see what I am saying: we profiling is an essential law enforce- the other nation: the United States and can begin to build a profile of why, ment tool in this country. Threat the Soviet Union. when somebody is a 16-year-old driver, profiling is no different than the type There was a theory back then that why we charge a higher insurance pre- of profiling that many other walks of there was an arms race that was going mium to a 16-year-old driver than we life utilize in our everyday life. to get out of control, and as one of the do to a 36-year-old female, mother of As I said earlier, newspapers use it, ways to slow down the arms race in the children, et cetera, et cetera. TV stations use it; even the people who seventies, somebody came up with a Members can see the comparisons. blast me in an editorial, for example, theory: let us create what we call the We know that the risk of a 36-year-old for what I call threat profiling, ask Antiballistic Missile Treaty; in other female, say a mother, and there are them what they know about their read- words, antimissile. That is exactly some other classifications that can be ership and how they got that informa- what the treaty is called. put in, other components that can be tion about their readership. What they said in that treaty, or the put into the profile, is at much less The bottom line is simple. The bot- way they put kind of the structure of risk of drinking and driving, for exam- tom line is that I agree that ethnic the treaty together, was to say, all ple. Probably uses her seatbelt every background, and in fact, I advocate right, if Russia is not allowed by treaty time she gets in the car; probably that ethnic background alone should to build a defensive mechanism against straps her children every time they get not be used as the sole component of a U.S. missiles, Russia then would not in the car. profile. At that point, I think it is fair initiate an attack against the United We can compare it to a 16-year-old for us to call it racial profiling. States because they would have no pro- white male who probably is not using But once we begin to use ethnic tection when the United States retali- that seatbelt, who speeds around, who profiling as a component, one of sev- ated against Russia. is not, frankly, as mature as the 36- eral components to build a profile, I It also works vice versa: Why would year-old is. think it is very legitimate. I think it is the United States initiate an attack

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21855 against the Soviet Union if the United these missiles are; that those missiles detriment of the Soviet Union and to States had no way to defend itself from have all been kept up on their mainte- the detriment of the United States of the multiple missile warhead that the nance, et cetera; and some people America. Soviet Union could deliver into the would not take me seriously. I can tell my colleagues that today, borders of the United States? Some people said, how can anybody actually several years ago, but today So they put together this treaty. In accidentally launch a missile? About a the point is here. This treaty is now a this treaty, they said Russia will not month ago it happened. It happened in detriment to the national security in- build a defense system and the United the Black Sea. The Ukrainian military terests of the United States of Amer- States of America will not build a mis- launched a missile by accident, and ica. This treaty is now a detriment to sile defense system. what was the result? They shot down a the Soviet Union. Why should the For many years the treaty really has passenger airline. They shot it right United States of America not build a gone unnoticed. A lot of people did not out of the sky by an accidental launch. missile defense system? Why should pay much attention to the treaty. In If the Ukrainian military can launch, the Soviet Union not build a missile fact, we could ask the average citizen, by accident, a missile against a pas- defense system to protect their citizens and at one time one probably could senger airplane, I can assure my col- and their allies, frankly? have asked me, before I became a little leagues that at some point in the fu- Look at what we have got going on more knowledgeable on the subject: ture the United States of America, we, today. We have a war going on in Af- Okay, if a foreign country launches a will be the victim, in my opinion, of an ghanistan. What if we lost control? missile against the United States, what accidental launch. What if the Pakistani Government lost happens? Let us shift real quickly from an ac- control of its nuclear missiles and nu- If that person was somewhat up to cidental launch to an intentional clear capability? What if bin Laden got speed they would say, well, we have the launch. Remember, when the treaty ahold of one of those missiles? Do my NORAD space command, the detection was drafted in the 1970s, there were two colleagues think he would hesitate for service in Colorado Springs and Chey- countries capable of delivering a mis- 1 second to fire that missile against the enne Mountain. It is a granite moun- sile against each other. That was the United States and destroy hundreds of tain. They hollowed out the inside of Soviet Union and the United States of thousands of people instantaneously? that mountain, and we have within America. Let me tell my colleagues Of course he would not. that NORAD, the alliance between what has happened in the 25 years since We have an inherent obligation, it is Canada and the United States of Amer- the signing of that treaty. our job, it is our responsibility, number ica, to detect missile launches, or to Take a look at this poster to my left. one, to pull out of that treaty; and detect foreign objects, or to kind of put Again, let me reiterate, in the 1970s, number two, to build a missile defense a radar in the sky; kind of our eye in when the Anti-Ballistic Missile Treaty system that will protect the interests the sky. That is NORAD. was negotiated and when it was signed, of the United States of America. And Then if somebody fires a missile there were two countries capable of de- we can share that information; we can against us, NORAD would be able to livering missiles against each other, share that information with our allies detect a missile launch, which yes, the Soviet Union and the United States like the Brits, for example, or the they can do anywhere in the world; of America. Italians, who support this, to go out they would be able to do it within a few Look what has happened in the last and build their own missile defense sys- seconds, and that is accurate. And they 25 years or so. Countries that now pos- tem so they are not under a threat by would be able to tell us where that mis- sess ballistic missiles: Afghanistan, some rogue country or under a threat sile is going to hit, and that is accu- that is something we have heard about; by a very legitimate country that, by rate. They would be able to tell us the Algeria; Argentina, look at it; Belarus; accident, launches a missile. speed of the missile, and that is accu- China; Czech Republic; Egypt; France; What about that treaty? What did rate. They would be able probably tell Jordan; Hungary; Russia; obviously the treaty say? They did have the fore- us what type of missile it is, and that Saudi Arabia; Slovakia; South Africa; sight, the people that drafted this trea- is accurate. Syria; Taiwan. The blue on this map ty, they had the foresight to put provi- But now we begin to leave the accu- indicates countries that now have bal- sions within the treaty that would racy and what most people thought listic missile capability. allow us to abrogate the terms of the was the truth. That is a big change. Twenty-five treaty. Within the four corners of that years ago the only blue on that would treaty, they foresaw that at some point b 1700 have been the Soviet Union and the in the future the circumstances of 1970 That was, once they figured all that United States. We would not have had might not match the circumstances of out, we would somehow fire a missile any blue down here. We would not have 2000 or 2001, and that is where we are and stop that missile from striking the any blue over here. We would not have today. United States, and that is a falsehood. had this blue over here, would not have Let me show my colleagues exactly The United States of America today blue around these areas, out there in what the treaty says. We are just going does not have the capability to defend Taiwan. That did not exist. to look at an article on this treaty, but against an incoming missile. We would say, well, did not people it is the pertinent clause of the Anti- Let me tell my colleagues that just a back in the 1970s, when they were talk- Ballistic Missile Treaty that allows us, month ago people were mocking, say- ing about putting this Anti-Ballistic as a right, as a right, to withdraw from ing, the United States, nobody is ever Missile Treaty together, did they not the treaty. We are not breaching the going to fire a missile against the think about that? Did they not ever treaty. We are not breaking the treaty. United States. I have advocated for think that maybe somebody in the fu- And the Soviet Union, if they decided some period of time that not only do ture would also deliver or develop the to withdraw from the treaty, would not we have to worry about an intentional capability for ballistic missiles? The be breaching the treaty, and they are launch of a missile against the United answer to that is yes. not breaking the treaty. States of America, we have to worry In fact, the people that executed that Some columnists in the journalistic about an accidental launch of a mis- treaty, the people who helped draft world out there like to parlay to their sile. We all know that the old Soviet that treaty knew that the cir- viewers or their readers out there that Union had, what, 6- or 7,000 nuclear cumstances could change. They also if the United States or the Soviet warheads. We cannot be assured today, knew when they put that treaty to- Union were to withdraw from the Anti- even by the capable leadership of Rus- gether that the circumstances could Ballistic Missile Treaty that they sia, we cannot be assured by the leader- change so dramatically that the treaty would be breaching or breaking, like ship today that they have all of those would be of no use to either party, that breaking a contract. These people obvi- weapons; that they know where all of the treaty would actually work to the ously have not read the treaty because

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 21856 CONGRESSIONAL RECORD—HOUSE November 7, 2001 the treaty, within its own four corners, So what would be those extraor- Who would have ever imagined 25 within the document has specific, spe- dinary events that would justify this? years ago that the country of Iran cific language about allowing a coun- Let us pull up the previous chart. This would have nuclear weapons, chemical try, either the United States or the So- is an extraordinary event. Compare, weapons, biological weapons and ad- viet Union, to pull out of this treaty. look at what has happened in the last vanced technology for ballistic mis- Remember that no other nation in 25 years. siles? Who would have imagined that the world, no other nation in the world Twenty-five years ago the United Iraq would have had nuclear weapons, that has ballistic missile capability, no States of America and the Soviet chemical weapons, biological weapons other nation in the world other than Union had ballistic missile capability. and advanced ballistic missile tech- the United States and the Soviet Union They were the only two countries in nology? Libya, same thing. North is subject to this treaty. They can do the world that could deliver those mis- Korea, same thing. Syria, same thing. anything they want. They are not sub- siles. And then some extraordinary These reflect, in my opinion, extraor- ject to this treaty. things happened. All of a sudden other dinary events. These reflect the neces- Let us take a look at the specific lan- little countries all over the world begin sity as recognized by our administra- guage contained within the treaty that to get not only nuclear capability but tion, as recognized by George W. Bush, allows us to withdraw from the treaty. the ballistic missile capacity to deliver our President, and our Vice President, Article 15 of the Anti-Ballistic Missile that nuclear capability, or a tradi- DICK CHENEY, and their Cabinet, their Treaty, the poster to my left. ‘‘This tional warhead, conventional warhead, very capable Cabinet. This indicates, it treaty shall be of unlimited duration.’’ through the utilization of that missile. demands, it insists that the United Number two, key paragraph. ‘‘Each That is extraordinary, unfortunately, States, that the leaders of this country party shall in exercising its national extraordinary in kind of a fearful way. back this administration and allow sovereignty,’’ the word ‘‘shall,’’ ‘‘have But it is an extraordinary event that this country to go forward with a mis- the right to withdraw from this treaty has taken place. sile defense system. We owe it to our if it decides that extraordinary events If for one moment we do not think citizens. related to the subject matter of this that the proliferation of these missiles Now, until September 11, many peo- treaty have jeopardized its supreme in- throughout the world is not a threat to ple never thought it would happen and terests.’’ Let me go through it again. the national interests of the United we could delay it to another day. Well, ‘‘Each party shall in exercising its na- States of America, of course it is a let the next generation worry about it. tional sovereignty have the right,’’ it threat, and it is a direct threat. And is a right, it is not a breach of con- I am saying today, today, colleagues, mark my words, just the same as the tract, it is not a breach of the treaty, we cannot afford to let the next gen- Ukraine military by accident fired a it is a right contained within the con- eration worry about it. surface-to-air missile and by accident tract, within the treaty, ‘‘the right to b 1715 brought down a passenger airline, at withdraw from this treaty, if it decides some point in the future of this coun- We have to protect the next genera- that extraordinary events related to try someone will either intentionally tion as well as this generation, and we the subject matter of this treaty have launch or accidentally launch a missile have to do it as soon as we possibly jeopardized its supreme interests. It against the United States of America. can. shall give notice of its decision to the Now, we can completely neutralize The day is coming. The day of reck- other party 6 months prior to the with- that treaty if we allow our administra- oning is coming when the question will drawal from the treaty. Such notice tion, which has been very aggressive on be asked, or the question could be shall contain a statement of the ex- their commitment to build a missile asked, why did we not stop that mis- traordinary events the notifying party defense system for this country, we, sile? Did we have the capability to stop regards as having jeopardized its su- every one of us in these Chambers, in that missile? Why did we not build a preme interests.’’ missile defense system? Or the day is Let us look at the key part of this my opinion, have an inherent obliga- coming when the comment could be paragraph. Number one, each party has tion to help our administration build, made, thank goodness that our govern- the right. The Soviet Union has the first of all, we have the technology so ment saw fit and understood their re- right to pull out and the United States it is to a point now where it is almost sponsibility to the national security of America has the right to pull out time to build missile defense for this interests of this Nation, and they put from the Anti-Ballistic Missile Treaty. country. This is an extraordinary They have that right only if they de- event. in place a missile defense system that cide that extraordinary events, ex- Let me show some other extraor- stopped that accidental launch. traordinary events, now, remember, dinary events, as if proliferation of bal- And by the way, let me make a com- that extraordinary events are not de- listic missile capabilities throughout ment about all those people who are le- fined within the confines of that trea- the world is not enough, standing gitimately, well, I disagree with some ty. They are not defined. But I think alone, to fill out the definition of an of their points of view, but certainly we can define it within a couple of extraordinary event. Let me show some have a protected right to be pacifists, paragraphs, and I will show that in a others. who say, oh, my gosh, war is terrible. few moments. The threat is real, as posted on my And, of course, all of us agree war is ‘‘If it decides that those events are left. Rogue states and weapons of mass terrible. But just keep in mind what related to the subject matter.’’ Obvi- destruction. Among the 20 Third World Winston Churchill said. He said, ‘‘The ously, there are lots of events that are countries that have or are in the proc- only thing worse than war is losing related to the subject matter of missile ess of developing weapons of mass de- one.’’ Think about that. The only thing defense. Extraordinary things have struction. Take a look at this. These worse than war is losing one. And we happened in technology, in those peo- are extraordinary events as was in- can lose the war against missile de- ple, that contain ballistic missiles in tended by the people that drafted the fense if we do not provide missile de- the last 25 years. Anti-Ballistic Missile Treaty. These fense for this country. But back to the ‘‘Have jeopardized the supreme inter- are the kind of extraordinary events pacifists. I think every pacifist in the est.’’ I will state, jeopardization of our that the drafters of this treaty must United States, everybody opposed to supreme interests must include within have thought of as a legitimate reason the war in the United States of Amer- that category an accidental or inten- for the United States or for Russia to ica should be urging and supporting tional launch against the United withdraw from the Anti-Ballistic Mis- President George W. Bush in his deter- States of America, not only by the So- sile Treaty and to build a missile de- mination to build a defensive missile viet Union, but by any other country fense system that would protect the system for this country. or any other regime in the world that national security interests of their re- Now, one might ask why. I will tell has the capability to do it. spective countries against a threat. you why. Think about it. You could

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21857 avoid the next war if you had the capa- military exercise, would accidentally sure the money is spent efficiently. We bility of stopping a missile. Let us say, launch a missile and bring down a pas- do not want pork. We do not want for example, that by accident some senger airline. These things take on a waste. But the technology is out there. country, say North Korea or Russia, by much more realistic view for us since Keep in mind that just 3 or 4 months accident, launched a couple of missiles September 11 of 2001. ago we had the successful test. We had against the United States; that the We are charged, my colleagues, with two missiles connect in space. Two missiles were in such a silo arrange- the responsibility of the security of missiles, an intercept missile and an ment and the electronics were such this Nation, of the security of this Na- offensive missile, coming into the that there was a multiple launch, by tion’s people. And one of the tools that United States. Obviously, it was a test. accident. So the United States not only we must deploy immediately is missile Both missiles were test missiles. It is gets hit by one nuclear missile; it may defense. And as I said earlier, I do not working. Our technology has made get hit by one, two, or three nuclear understand how anyone could object to giant steps towards being perfected so missiles. it. I guess we can complain about the that it can provide an effective shield If we had the capability to stop it, cost. These things are expensive. Our for the United States. there would be no retribution, or the defensive mechanisms in this country, That is what we are asking for. We retribution would not at least come in our military operations, are expensive. are not asking with missile defense to the way of a nuclear missile fired back We have no choice. But thank goodness enhance our capability to attack an- towards Russia. But if we did not have a few years ago we spent money to other nation, but there are lots of na- the capability to stop it, because we make our military number one in the tions around the world that can do it. simply neglected to build a missile de- world; that when some SOB attacks And as we now know, there are people fense system for the protection of this our country, like these terrorists did, in the world who wish great harm on country, because of that neglect we that we have the capability to defend this country. So all we are asking for is were not able to stop an accidental ourselves. the capability to protect, to put a launch, we could very well find the So please do not make money the shield over the United States and give United States with no choice but to re- issue, and do not make the issue that us the protection that our citizens de- taliate for the horrible, horrible results the technology is not there. I mean we serve. Now, time is wasting. Ever since Sep- of a nuclear missile strike against the did not have technology when the tember 11 our realization of what can United States. Wright brothers first flew an airplane. That is why I think that people who We did not have the technology to take occur received kind of an aggressive jerk. We hit a pretty hard speed bump oppose missiles, who oppose war as an that airplane across a State or fly it in the road. We now realize there are answer, that is why those people should across the country or take it to high dangers out there that may be much be saying, look, the best way to disable altitudes or to pressurize it. All of that closer to the United States than we missiles is to be able to defend against technology came in steps. We had to ever imagined. them. And we can actually make mis- start somewhere. Same thing with a So, colleagues, in conclusion with my siles obsolete in the future if in fact it car or anything else. We start some- two subjects today, let me say that I is a weapon that can be defended where. speak from the bottom of my heart Our technology is advanced enough against. when I say to my colleagues how criti- If we were able to develop a bullet- today for missile defense that the cally important it is that all of us sup- proof vest which covered the whole President is right; that the President’s port President George W. Bush in his body, we could make the shooting of a commitment to providing a missile de- commitment to build a missile defense bullet against a police officer an obso- fense for this country should be sup- system for this Nation. We ought to lete weapon. We have only been able to ported by each and every Member of give him a resounding ‘‘yes’’ vote. We protect a part of the body, and we can- the United States Congress. Any Mem- ought to give this President what he not protect it against all shots. But we ber of the United States Congress who needs to put that security blanket over are very, very close to having the com- chooses not to provide a missile de- the United States to prevent a missile plete technology to provide this coun- fense for this country ought to be ques- attack against our country. try the kind of missile defense that it tioned by their constituents in a public And, finally, on my first subject of needs. forum. And I would be very interested discussion this evening, do not run Unfortunately, some of my col- to see how they explain to their con- away from threat profiling. What we leagues are very stubborn. I cannot stituents that the United States does ought to prohibit is profiling that is imagine or fathom why anyone in their not need missile defense. based strictly on race alone. I am not right mind would object not to an of- And by the way, before my colleagues asking for that. I think that does lead fensive system but to a system that go out to their constituents, they bet- to discrimination, and I think we will bring down any type of missile at- ter make sure not to get themselves in should have zero tolerance for dis- tack against the United States of a corner by saying that we would be crimination. But I am saying that in America. And I hope my colleagues breaching a treaty; that the treaty pro- the game, in the matter we are in- never ever use in front of me the ex- hibits us from doing that. Understand volved in right now, the nice guy fin- cuse, well, it is not going to happen, or from my lesson today, from my com- ishes last. The politically correct guy the odds of this happening are so small. ments today, that the treaty, in fact, finishes last. And by the way, keep in mind, col- allows us because of extraordinary It is very important for us to allow leagues, that a missile does not have to events, which are very easy to justify, our law enforcement agencies and our have a nuclear warhead on it. As we allows us, under extraordinary events, protection agencies to engage in what know, it could have a warhead of a to withdraw from the treaty and build we call threat profiles. And threat pro- high concentration of anthrax in it. a missile defense system. files do not exclude ethnic background The possibilities, the horrible possibili- So save yourself the embarrassment. as an element or as a component, nor ties of what can be delivered by a mis- Do not go out there and say the treaty do they make that the exclusive ele- sile is unimaginable, just as unimagi- does not allow it, because the treaty ment of the profile. It puts together a nable as 3 months ago somebody would clearly does. Its language is as clear as series of components so that we can have told us that the World Trade Cen- can be that we are allowed to withdraw then construct some type of risk pro- ter Towers would have collapsed and from the treaty, legitimately withdraw file, the same as we do in insurance, the Pentagon, hit all in a simultaneous from the treaty and then build a mis- the same as we do in marketing, and act of terrorism. It was unimaginable 3 sile defense system. And keep in mind, the same as we do in our schools. It is months ago. if you object to a missile defense sys- exactly what we are asking to do for It was unimaginable that the tem, not to get yourself in a corner on the national security of the United Ukraine Navy, or their military, on a money. Obviously, we have to make States of America.

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 21858 CONGRESSIONAL RECORD—HOUSE November 7, 2001 CATERPILLAR’S BARRIERS TO solvers. For that reason, I see it fitting lost a parent or parents or guardian on TRADE that we continue doing our work in the September 11. The pain is still being (Mr. CRANE asked and was given United States Congress to be problem felt. The reaching out to find these permission to address the House for 1 solvers. children is still occurring. The need to minute and to revise and extend his re- So to my colleagues tonight, I be- nurture these children is still occur- marks.) lieve there is a degree of work that is ring. The long-term results of the im- Mr. CRANE. Mr. Speaker, the neces- yet undone, and we must keep busy to pact of this tragedy on these children sity of passing H.R. 3005, a bill to renew help solve these problems. There is is still being deciphered. We do not trade promotion authority, is epito- work undone with respect to airline se- know. mized by the experience of Caterpillar, curity, Federal security, federalizing Mr. Speaker, we recognize that chil- headquartered in my home State of Il- the airline security in our airports. dren are being deprived access to men- linois. Caterpillar’s motor graders We have yet to address the approxi- tal health services. We realize, of made for export to Chile face nearly mately 5.4 percent unemployment, the course, that there is a great need. That $15,000 in tariffs. Caterpillar motor surge in unemployment, the many in- trauma in children’s lives can be im- graders manufactured in Brazil for ex- dustries that have been hit so hard be- plemented, if you will, in many dif- port to Chile face a tariff of only $3,700. cause of the tragedy of September 11, ferent ways. We have yet to determine And when Caterpillar’s competitors such as the tourist industry, hotels, what those ways will be. produced the same product in Canada, hospitality, those particular employ- H. Con. Res. 228, with sponsors from it can be exported to Chile free of tar- ees, and many others. around the Nation, is a legislative ini- iffs because of the Canada-Chile free I was riding on a plane with a con- tiative that helps us recognize the trade agreement. Caterpillar employ- stituent who said that an accounting plight of these children and establishes ees in Illinois are forced to watch as firm had laid off 400 workers. Every a quick expediting through Federal and workers in other countries provide day we are finding different industries State and local agencies the needs of products to our neighbors. that are being impacted from the these children. The psychological Mr. Speaker, while other countries events of September 11. Is American needs, counseling, nutritional and med- are making preferential trade deals, we going about its business? Yes. Ameri- ical counseling, and upon determina- are sitting on the sidelines lacking the cans are cheered and buoyed by their tion of death of their parent or parents authority to negotiate. Make no mis- values, and they are committed to the or guardian, in 60 days those benefits take, our foreign competitors have this wonderfulness of this Nation. can be generated for them. authority, and they use it to their ad- I also see the effort by Americans to I want to applaud the opportunity to vantage. Of the more than 130 free draw closer together, as diverse as this be able to debate this, which I am hop- trade agreements in force today, the Nation is, from the many walks of life ing and looking forward to doing, and I U.S. is party to only three. and many ethnic backgrounds that our want to applaud the bipartisan effort Trade works for America. Let us pass citizens have come from, and I have on this legislative initiative. H.R. 3005 and keep America’s economy seen a renewed zealousness around our This is the Calderon family. This is growing. values, our songs, our spirit, our chari- Naomi, 4, and this is their 20-month-old f tableness; and it has been done not son, and they lost their mother. with any particular negativeness. Mr. Speaker, I am very pleased that AFTEREFFECTS OF SEPTEMBER 11 We have overcome or maybe we have I have been joined by a number of col- TRAGEDY spoken about or spoken out against the leagues on this issue. Again, we are The SPEAKER pro tempore (Mr. idea of targeting any particular group. talking tonight about work undone, OSBORNE). Under the Speaker’s an- We have joined together to say that work that we need to carry forth be- nounced policy of January 3, 2001, the this is not a fight against Islam, this is cause we have been given this very spe- gentlewoman from Texas (Ms. JACK- not a fight against the Muslims, but cial challenge of September 11. While SON-LEE) is recognized for 60 minutes clearly what this is is to recognize that there are many who are still burying as the designee of the minority leader. we are standing against terrorism. their loved ones, they are also request- Ms. JACKSON-LEE of Texas. Mr. That is why we acknowledge the fact ing that the United States Congress Speaker, I do have an opportunity now that September 11, 2001, left thousands moves towards addressing issues deal- to speak with a sense of appreciation of victims from around the world. The ing with children, but also dealing with as well as a sense of questioning. Many attacks killed hundreds from Britain, the question of airline security and of us have come to the floor of the from Israel, 250 from India, and scores also dealing with the economic stim- House in the weeks after September 11 of others from Japan, Mexico, Iran and ulus package. to raise many issues to help heal this elsewhere. As I have said previously As I introduce my friend and col- Nation or to help solve the crisis that and as the mayor of New York City has league from Texas, I am going to con- was created. I am never far from think- said, these attacks were crimes against tinue to discuss my family that is sym- ing of the enormous loss of life that oc- all humanity, and much of it was more bolic of the children who lost parents curred on September 11. For that rea- than any of us could bear. on September 11. That is one unfin- son, I believe that there is certainly But I think as we look at our chal- ished business. How do we address their never enough commentary and solu- lenges and before this Congress re- needs, the thousands that have yet tions that could be offered to help heal cesses this year, there is still work to been, if you will, secured; or if we have us from September 11. be done. As chair of the Congressional not found the kind of resources for Children’s Caucus, I am very gratified them, we must do so and establish the b 1730 that we will have an opportunity to de- bully pulpit to get the government fo- We, of course, have been told to get bate H. Con. Res. 228 on the floor, and cused on them. But we have something on with our lives, to go about our busi- I would like to thank my colleagues for that we have been focused on. ness as Americans, to not be intimi- this opportunity and I ask Members to Just this past weekend in Chicago it dated by the terrorist acts, and I would join me in that opportunity. That is was determined that an individual add something else, to not turn, if you legislation to finish one piece of our going through the security check was will, into the kind of people who would task, and that is addressing the needs found to have had a myriad of more perpetrate hatred so deep that it would of children of this terrible tragedy. than utensils, threatening instru- take innocent lives. I am very gratified I introduced Members to the ments, stun gun and box cutter and Americans have not done any of that, Calderon family just a week ago. They knives. As I recall the gentleman from that there is a great deal of charitable- have become very real symbols for the Texas (Mr. LAMPSON), we were here last ness, there is a great deal of desire to 10,000 to 15,000 children which have con- week debating vigorously on the floor be involved in how we can be problem fronted this terrible tragedy, having and just adopting the Senate bill so we

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21859 would have legislation in place as we tinue to even think about rewarding terrorism worldwide, that we will not speak tonight. I consider that unfin- the private companies who have a prov- ever face the terrible tragedy that we ished business, and I yield to a member en track record of egregious violations. faced in this country on September 11, of the Committee on Transportation The example about the man carrying and the pain and suffering of the people and Infrastructure. knives, Mace, and a stun gun that like this gentleman and two young Mr. LAMPSON. Mr. Speaker, I thank slipped past the screeners, well, slip- kids will have to face because of the the gentlewoman for yielding me time, ping past people is not acceptable any loss of a loved one. We do not ever, ever and for the significant work she does longer. If we are going to affect the want to see that happen again. If we and her statements regarding the chil- lives of the family that the gentle- will act on these pieces of legislation dren. woman is talking about, and every soon, now, we can make a difference in There is, indeed, much work that re- family happens to be dealing with the their lives and an appropriate one. mains to be done. It goes obviously to safety of travel within this country, I thank the gentlewoman for allow- the heart of people like this family our ability to move about the country ing me to have the time. I wish you that is exhibited in the picture that and promote economic security and de- well in your continued work as I do for the gentlewoman from Texas (Ms. velopment throughout this country re- all of us. JACKSON-LEE) has been talking about lies on safe transportation; and that Ms. JACKSON-LEE of Texas. Let me and many, many others who lost loved means in the air just as it does on the thank the gentleman for his leadership ones, families broken apart. Those are ground. on these issues. We did draw together hurts and pains that will take literally We must move this legislation quickly in Houston at our airport after forever to heal, and probably never to through the conference committee, and the terrible incident to hear from our be able to be put back together. There do so quickly and effectively. Speak to local officials but also to address those are things that we can be doing in the the will of the people of this country concerns. We are now here in Novem- House of Representatives and in the and put into place so that the national ber, and I believe it is extremely im- Congress of the United States to put defense and security, which are the portant that we move forward. You into place and make a difference in charges of the Federal Government, may be aware that the U.S. Conference people’s lives. will indeed work to keep our skies safe, of Mayors supports federalizing the se- Mr. Speaker, one of those other areas and it is the responsibility of the Fed- curity at the airports. of unfinished business happens to be eral Government to make it happen. Might I just, before I yield to the dis- airport security. It is unbelievable to tinguished gentlewoman from Cali- b 1745 me that we continue to have a debate fornia, mention that just yesterday at at this late date. The attack occurred It is plain and simple common sense. Dulles Airport, a passenger was able to on September 11. The gentlewoman I hope that everyone in this country get on with a different boarding pass. joined me and others of our colleagues and certainly everybody in this room That compounded with the situation of only 5 days after September 11 with a tonight asks themselves, who do you Mr. Gurung at O’Hare to the extent, I specific plan that we discussed at one want protecting you and your family, a just want to call out what it is alleged of the major airports in Houston, Federal security force or the lowest that he had, seven knives, a stun gun Texas, and that we discussed at other bidder? I think that question is real and pepper spray. And that he was also airports in southeast Texas. We came simple on almost everyone’s minds. released. Certainly we believe in civil back here, and there was a proposal I thank the gentlewoman from Texas liberties and respect for the individ- made in the House of Representatives. for allowing me to come and speak a ual’s rights, but because there were no The Senate took it up soon after that, little bit to this concern, this one par- standards, the individual was released, passed a measure unanimously that we ticular area of concern that I have and where he was, if you will, able to leave could not pass in the House of Rep- the many things that are left to be without further determining any asso- resentatives. done, as you are graciously taking the ciations that he might have. It seems that our desire and Amer- opportunity to point out to us and give I yield to you to answer this ques- ica’s desire for us to be considerate of our other colleagues the opportunity to tion. This is not an issue now of num- all the needs of all of the people and talk about. bers of employees or who hires employ- considerate of our political differences We have an economic stimulus pack- ees. I think the American people real- set partisanship aside; and on so many age that is critical for the United ize this is an issue where we need con- things we have done that. But in too States of America. We obviously were sistency. We need every single person many areas we have broken down in in an economic slump before the attack dealing with security, whether they are our ability to work together. on September 11, and we certainly are in a small airport in Mississippi or I have big concerns about where we today. We are trying tremendously California or a large airport in Texas are and why we are not able to move hard to affect the real areas of our or New York to have the same com- this forward. We would not dream of economy that can make a difference in prehension of what you should be look- contracting out the protection that our re-creating the activity that helps so ing for, what the standards are for an police provide or the protections that many people enjoy some level of qual- individual who may have violated the our military provides. Why are we hav- ity of life. That does not mean that we law. You treat them with the respect of ing a debate today on whether or not have to put money out to those busi- the law, but you also treat them with this body would attempt to contract nesses that are continuing to lay peo- the severity of the issue. out airport security? That is, finally, ple off. It needs to be put in the hands Let me yield to the gentleman. Does we hope, going to be debated in a con- and the pockets of the people who will the legislation that we are trying to ference as soon as the Senate, I think spend it today because they need it propose even with the conference and they are preparing to name their con- today. They need it to have food and the fact that the bill that the Senate ferees, as we did yesterday. clothing and shelter that will make a passed 100 to nothing but did not pass Airport security forces have to be re- difference for themselves and their the House have anything to do with liable, standardized and verifiable. families. politics or does it have to do with se- There should be no compromise on We will pray for the family of the curing our Nation? this. We should speak to the will of the woman whose life was lost in that at- Mr. LAMPSON. In my opinion, the people of this country, 82 percent of tack, and we will also pray for each ideology difference that we had in the whom have told us what needs to be and every person in the United States House came down to politics. It is clear done. That is in the Senate’s legisla- of America that we will continue to to me that 49 Senators and 50 Demo- tion that will be discussed between our hold together as we have and fight crats and one independent coming to- two Houses, hopefully within the next through this war that we are now liv- gether in the Senate on one bill was few working days. We should not con- ing in the hopes that we will overcome not a political statement. It was a

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 21860 CONGRESSIONAL RECORD—HOUSE November 7, 2001 statement in belief of the American I thank the gentleman from Texas ber 7 or 8, I have lost count of the people. When it came to the House, the for highlighting for us the importance dates; but it is because when we rushed House was broken on ideological of standards and just how ludicrous it to pass an airport bailout, I was all for grounds and that broke down to party is that we would have incidents like that, being a senior member of the lines. That is unfortunate. That is this that are occurring. That is why I Aviation Subcommittee of the full what I am talking about. The biggest believe that our discussion this evening Transportation Committee rep- concern that I had during that whole is so important, work yet done that we resenting California; and I thought this debate was not that people are not have to address. I have indicated estab- was the proper thing to do, because on going to be hired; people will be hired. lishing an expedited process for these the day of 9–11, we had to bring in 2,200 We need that experience to be the same children to get their benefits so that flights from the air to the ground at regardless of what airport it is. they can continue on with their life, so the request of the Secretary of Trans- As you were just saying, the training that schools can be notified in case portation and the President and Vice has to be much more significant than there is a special treatment or special President. what it has been. And if we leave the process, a special notice to help them But little did we know that an airline people in charge of the process who with the trauma that they may be feel- security bill would be this long in com- have been a part of the process, and I ing; but yet we also have this airline ing, for heaven’s sake. We thought that might add that before the Transpor- security bill. Thanksgiving looms, one after bailing out the airline industry, tation Committee just 2 or 3 weeks of the happiest and joyous times when the secondary thing would be to make ago, we had some of the major airport families are going about the country sure that all of our folks who work at security companies represented at a visiting. I want them to do so. the airports and on the aircrafts will be meeting, three of the five present were We have been on airlines since Sep- secure. Of course we asked for the foreign-owned businesses. If we are tember 11. We were leaving to go to our cockpits to be fortified, and that is going to allow people working in our district shortly thereafter to hold fo- what was in all bills. We asked for the airports for foreign-owned companies rums, as I did and as I know the gentle- flight attendants to get antihijacking to be in line with our Federal security woman did, to hold forums to share training as opposed to some generic agencies, with information that is crit- with people what happened and let type of training. That was put into the ical to the security of the United them express themselves. At the time, bill. We also asked, and I was very dog- States of America and allow them to I believe we all committed to working ged about this, that you do not remove come into this loop, I think that is a on airport security, to looking at the these screeners until they have the op- ludicrous thing. But at this point, we issues dealing with Afghanistan, to try portunity to vie for positions, to take just have to have a bill before this to deal with the pain of people being exams and to try to keep their jobs. I President to sign so that the country laid off. Our work is still yet done. am livid that that happens and con- can get back to traveling and feel safe I am delighted to yield to the distin- tinues to happen. You do not just erase in doing so. guished gentlewoman to talk of the thousands of people off a job just to I hope that the House will quickly work undone and that we must try to consider what the Senate put forth and bring out a whole new crop. You see finish our legislative business so that that in our conference, whenever it how qualified those are who are cur- some of these people who have been so happens and hopefully it will happen rently in those positions. But the devastated, whether they have lost very quickly, maybe Monday or Tues- whole thing of federalization comes to day of next week, that we can have a loved ones, whether or not they have be. And when we talk about security, bill that the people of this country will not got the full confidence of flying, that is a national issue when it comes be as happy with and feel secure with even though we are encouraging every- to American people. And so I will say as they have in the statement that was one, we are not trying to scare people, made very clearly that this whole proc- we are just trying to do our jobs, but to you that I am a little disheartened ess be federalized. Regardless of the we need to finish these tasks. These are over the fact that we have not passed end run, we have to have the standard very important tasks, so that we can as yet the people’s bill, because that is in training and in action and in a ca- make good on our commitment to the the people’s bill. That bill will rush reer path that allow people to keep an American people. people back on to the aircrafts; it will interest in the job that they are doing I yield to the distinguished gentle- boost our economic stimulus, because in the hopes that because they do a woman from California. what it will do is bring back that $6.6 CDONALD. I good job at one level, they will be able Ms. MILLENDER-M trillion that we see with the traveling to grow from level to level and on thank the gentlewoman so much for public. It will bring an additional $6.5 through, so it truly becomes a career. yielding. Let me commend you on the trillion that we see in tourism. And so Through that, I think our country leadership that you have taken for our all of those things will help our eco- will be safer and more secure in their children around this country, those nomic stimulus package. travels, our economy will get back to who have been devastated by the hor- I am joining the Democrats and espe- what it was doing before with so much rors of September 11, as we call 911, ur- cially the Senate side and our side, too, of it being driven by tourism, by hotels gency. Let me also commend you on in asking for the stimulus package to and many other tourist activities that your tenacity to make sure that this include a consumer interest-type of are involved with air travel. I think House gets in front of it the piece of provision for those who are low-income these are critical pieces. legislation that will help these chil- workers who do not have homes but My plea to our colleagues is that we dren to get benefits for those horrific need some type of rebate so that they set aside partisan politics in this mat- things that they had nothing to do can go out and join the crowds in the ter, do the business that the people of with: the loss of parents, the loss of mall with this upcoming big holiday. I this country want them to, and let us loved ones, the loss of even having the would like to ask for $14 billion for tax get this bill back over here so we can ability to carry on without counseling. rebates to low-income workers, $27 bil- put it on the President’s desk and let it I would like to join you and the Wom- lion to spur businesses and their in- become law. en’s Caucus to call all agencies to see vestments. Ms. JACKSON-LEE of Texas. I am how soon they can expedite the fund- I would like to also talk about those hoping that is the case. I am very ing, the benefits for these youngsters small businesses that came to talk pleased that we have also been joined so we can get counseling done so that with me. As the ranking member on by the distinguished gentlewoman from they can get back on track. I would the Small Business Committee, I had California (Ms. MILLENDER-MCDONALD), love to join you in those efforts. about 15 businesspeople from lower whom I believe is as well on the Trans- I also commend you for helping us to Manhattan come to meet with me last portation Committee and the cochair categorize just what is left on this week. They said, we need some type of of the Women’s Caucus. floor, why we are still here this Novem- stimulus; we need some type of push

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21861 because we are losing our family busi- ing it out of the Senate bill, would be gence and fairness. So this is why we nesses in lower Manhattan, New York. also the eliminating of this super-citi- need the federalization of those screen- b 1800 zenship, which means you have to be a ers. citizen for 5 years. We respect the fact I thank the gentlewoman so much for That is what we are talking about, that there are difficulties in dealing having us come today to talk about making sure that small businesses get with people who are not citizens, and I this. their rightful stake in this stimulus have raised that concern. Ms. JACKSON-LEE of Texas. I thank package. I have another concern on that issue, the distinguished gentlewoman. The Lastly, I would like to see the $24 bil- but I am going to focus just tonight on important point she raised was, first of lion that is being requested by Senator making sure if you are a citizen, then all, the disseminating of information. DASCHLE and others who are working there is no reason to put a number of When we are looking to secure our air- on this stimulus package to be for years on it. I do not think we need to ports, share intelligence, would it not health care and unemployment bene- do that. be more appropriate to have these par- fits. If we are going to rush people off But my question to the distinguished ticular workers under the Federal aus- of jobs, 100,000, we certainly should gentlewoman deals with the economic pices, under Federal law enforcement, have the funding to give them unem- stimulus package, and that is that we under the Department of Justice? Then, with the economic stimulus ployment benefits that they rightfully are about to enter into the holiday sea- package, does it make sense to give bil- deserve. We should be able to try to son. We have been charged and chal- lions of dollars to corporations, and the give health care to the over 11 million lenged by the President to go on with consumers are left holding the bag? I children who are uninsured and the 44 our lives. If there is ever a season million adults who are uninsured. would like to say to her, I would like where families are out, when con- to take her up on that offer in trying So I thank the gentlewoman tonight sumers present the final indicators of for allowing us to bring into focus for to reach out to Federal and local and how the economy is doing, it is the State agencies to see how they are the American people the unfinished Thanksgiving through the holiday sea- business, the business that is truly the doing with our children. son, the many names that the Christ- Mr. Speaker, I am very pleased to be people’s business that is going undone. mas holiday season is called, whether able to yield now to the distinguished Ms. JACKSON-LEE of Texas. Mr. it is for the different faiths. But it is a gentlewoman from North Carolina Speaker, I thank the gentlewoman holiday season. (Mrs. CLAYTON). very much for her leadership on this I cannot for the life of me understand When I mentioned to her that we very important issue, and I might ask why we cannot immediately move an were on the floor today to talk about and pose a question to the gentle- economic stimulus package that goes unfinished business, knowing her work woman as well on this question of un- to the consumers, small businesses, to in the Committee on the Budget, I finished business: Can we do any less? provide for health care and unemploy- know she has great insight into what First, I want to thank her for her ment benefits, not just for the airline we need to do with the budget, on how leadership, as I indicated, as Chair of workers, but as we are coming to un- we need to balance the needs for secur- the Women’s Caucus, and also her work derstand, workers around the Nation. ing this Nation, and also her experi- in the Committee on Small Business as What I believe is so important is get- ence. Both of us have experienced ter- well her work on the Committee on ting this message out to the American rible natural disasters, when she had to Transportation and Infrastructure. All people of how we need to move on that single-handedly work to help save her of that seems to be lodged right here. package. hometown and local community of The gentlewoman raised a point that Ms. MILLENDER-MCDONALD. Mr. Princeville, and I just experienced I think is very important, and I hope in Speaker, I agree with the gentle- Tropical Storm Allison. You have to the conference, if they change any- woman. As I have said, and I will reit- get busy and finish the job because peo- thing in the bill, they will address the erate, in order to move any economic ple are in pain. question or at least make known that stimulus package, you must have peo- I want to thank the gentlewoman for there are some qualified individuals ple buying into the economy, and in her great leadership on the Committee who are presently working for private order to do that, you must give low-in- on the Budget and on the Committee contractors who should be given the come workers a rebate so that they can on Agriculture and her knowledge opportunity to apply. What we are say- provide the toys and those other types about rural areas. ing is that there are no standards, of things that we provide for our chil- As I yield to the gentlewoman, no there is no training, and we are also dren. We can ill afford not to do that. one has really mentioned the last plane saying that these private companies I also would like to say that when fell in Somerset, Pennsylvania. I imag- have erred toward not paying money, you talk about the private companies ine that was a rural area. We do not not paying benefits, undermining the engaging in the screening and screen- know what kind of impact it had, we quality of the employee so that they ers, we know that those private compa- have not made a determination. There can get the cheapest bid. nies were in violation over millions of is a lot of work we need to do. I am delighted to yield to the distin- We know that one of those companies dollars. But if we are talking about na- guished gentlewoman from North Caro- was engaged in O’Hare, and in fact, we tional security, we have to be careful lina (Mrs. CLAYTON). have run into that same company en- of how we disseminate information Mrs. CLAYTON. Mr. Speaker, I am gaged in some other activities that that we want to do now, that we are very pleased to join the distinguished brought about tragedies. I think it is talking about the integration of infor- gentlewoman from Texas. Again, I well-known and they have been pub- mation. want to join my colleagues in thanking lished. So they are really an example, We have to be careful how we are you for arranging this special order so if you will, of the need for not pro- going to integrate information coming we can talk about the unfinished work moting self-interest, if that may be the from the CIA and FBI to some private that we should complete prior to the case, of worrying about what private company, especially foreign-born com- holidays or the work we should com- contractors may be eliminated, and panies. So we have to be very clear and plete in the next few days or certainly really talking about the public inter- very careful on that. in the next few weeks. est, the national interest, of how we Secondly, when you talk about fed- The gentlewoman mentioned the can create standards. So I want to ap- eralizing workers, as a former per- issue of airline security that has been plaud the gentlewoman for that. sonnel director, we had a merit system talked about by both of my colleagues I think if there is anything else they in place in the Federal Government. who preceded me, being on the Com- fix in the conference while they place You will have a merit system, and you mittee on Transportation and Infra- federalizing the security as a priority cannot just do an exodus of employees structure and having interest in the out of that conference committee, tak- without them having their due dili- airlines.

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 21862 CONGRESSIONAL RECORD—HOUSE November 7, 2001 I serve on the Committee on the threats, again referring to the Com- made a military response to the at- Budget, and today we had a homeland mittee on the Budget, the threats on tacks, and they were horrific. They security hearing. At that homeland se- our water system, threats on our food were unacceptable and there is no ex- curity hearing we were privileged to program, bioterrorism, chemical cuse for it. There may be causes, but it have the Director of GAO share with us threats, low-tech threats, all of the in- is still unacceptable. a number of reports that they had per- formation, cyberterrorists, all of these b 1815 formed throughout, I guess, the last 2 are potential threats that we need to years. find ways to handle. So it was a terrorist act without jus- But the latest report that the gov- But we have an opportunity before tification. But nevertheless, in those ernment is using comes from the GAO we leave in the next few days to make countries, there is the instability that audit, which actually was released the sure we find resources to make it avail- gives opportunity for terrorists to very day that President Bush came and able to our local health departments, grow. In those countries are families spoke to the combined House here in our local front-line defenders, to give and children who are suffering. In Af- the House of Representatives when he confidence. ghanistan itself, it is reported as of spoke to the Nation. It basically talked What we have as a result of Sep- this last week, 6 million people, most about the threats that may affect our tember 11, America is really feeling of them women and children. Let me homeland security and looked at what great fear and anxiety, more anxiety say that again, Mr. Speaker: 6 million the roles of the government should be. about the homeland threat than they people. We are dropping more than 1 Obviously, there are things we could are about our national threat, to be million packages of food which will do now, not only because of that report most honest. Not only with the attack feed for one day. It will not at best re- having been identified, but things we on September 11, but since that we spond to more than 1 million. Already have undertaken on this floor that have had the anthrax attacks; and all they cannot get the food in certain have not been finalized. As flawed as of those have just raised the level of areas. So we need to find ways of work- the transportation piece is that came anxiety and fear and increased the lack ing with our allies to bring, in parallel from the floor, we are hoping that dur- of confidence in our infrastructure with our military, a humanitarian ap- ing the conference meeting it will be being capable of responding or pro- proach. improved. You have already mentioned tecting us. Now, the United States has done well some things perhaps it ought to con- The first responsibility a government in terms of providing food for needy sider. has is to protect its citizens. The next countries, but we can do far more. Our But we had our opportunity at bat one, it seems to me, is to give a sense strategy must be one that says our over here, and most honestly, we of freedom and opportunity that they military will always be strong; but our missed a few balls. But, as they say in can bring their children up or their strategy has to be, if we do not want the ball game, ‘‘It ain’t over until it’s families can grow and be provided for. our homeland security and our na- over,’’ and it is not over until indeed We need to make sure that we are pro- tional security continuously threat- we have finalized the conference bill. viding those necessary resources to ened by terrorists who come from un- So there is hope. shore up our health departments, to stable situations, we have to be smart I think we do need to federalize the shore up our first-line responders, to enough to try to prevent the cause of security. I think it is unthinkable. We give them the tools, the information, that, as we indeed defend militarily would not think of not federalizing the the technology, the collaboration. anyone who is killed or maimed or Border Patrol. Those workers are I am pleased that President Bush has brought harm to the American citizen. under a certain standard. The idea that appointed someone to focus on that. So we have an opportunity here in this we cannot find ways of dealing with Governor Ridge has that responsibility, country, both to respond to corporate them in a fair way, in recruiting those and I am very pleased that that has America, but we also have to respond who are among the contractees now happened. But that will not do it, just to the average citizen and children. We who possibly could qualify is to suggest to have a spokesman. He needs to have also as a great Nation have an oppor- that we do not know how to recruit the authority, plus the local people tunity, an obligation to defend our people. So I think that is a bogus argu- who will be working with him, whether country. So military strategy has to be ment that we cannot control, or we do State or local, need to have the capac- involved, but at the same time we not know how to dismiss them or dis- ity to respond to give our communities ought to be doing humanitarian cipline them. that kind of response. strikes. We know how to discipline our mili- The whole idea of homeland security So we have an opportunity as we tary. They are federalized. They have a is, not only have we been threatened close these last few days, yes, to do the certain standard. We know how to dis- physically, but our economy has been final version of the airline security; cipline our CIA. They have a certain threatened, our way of life has been and hopefully, they can work out a standard. It is the same thing with threatened. So we need to give con- compromise that will improve what we them. We know how to recruit and em- fidence back to families that the gov- have, and we certainly need to do more ploy and discipline the FBI. They are ernment will respond to them in their on the stimulus. The stimulus program all federalized. hour of need. that we passed in this House is really So the intelligence, the military, in Yes, we did pass the airline reassur- shameful when we understand the fact, the Capitol Police officers, are ance, or bailout, whatever you want to needs of the unemployed, the needs of employed by the Federal Government call it, and perhaps they needed those the children, and the needs of those with certain standards. So to suggest monies. But I thought it was grossly who do not have opportunities for that we need to have a different struc- unfair to put them ahead of people. I other resources, and giving them a tax ture because it is unmanageable does thought both of them needed to be break is not the response that they not bear well on the consistency of how helped. I did not think that the big need for shelter, for clothing, for food, we protect ourselves. dogs needed to eat before the little and yes, also for Christmas and toys. I want to spend my time, though, dogs. I thought all of them needed help. They need some basics, and we are not talking about your idea of what we do Children and unemployed people need providing that as a great country; and in terms of children, and I want to par- to have that opportunity. I think we can do that. allel some opportunities. So we have an opportunity still to Again, I want to thank the gentle- I think in homeland security, as well make sure we extend those resources, woman for her leadership and her vi- as national security, we need to take make sure health care is there, and to sion to challenge all of us that in these every opportunity to look at our com- provide for families to do that. waning days, we have an opportunity, munities in holistic ways. We need to Finally, I want to parallel children in but more than that, we have a chal- take opportunities as we look at these foreign countries as well. We have lenge and an obligation to make sure

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21863 we take care of the American people package that has been proposed by this breaks. Just to use the comparison in and take care of all of them, not just House that so many of us opposed took that stimulus. There are some prin- part of them, all of them. Our humani- into account the dollars that we might ciples in the stimulus, and the Com- tarian efforts, our responsiveness to need for long-range planning, and I am mittee on the Budget might not agree the whole community requires us to going to pose that question to the gen- on both sides, but they agree on the look at our infrastructure, requires us tlewoman. As we move through the ap- principles. The stimulus needs to be to look at our health and education propriations process, this economic short-lived. The stimulus needs to have needs, and requires us to look at secu- stimulus package is sort of a part of an effect that it would cause people to rity of our airlines. But nationally, the that; but it has no plan to it, because have confidence, and also the stimulus reason we have trouble in our home- none of us can comprehend billions of would be the one that would bring no land security is that we are threatened dollars going back to large corpora- harm in terms of increasing the deficit. by those who dislike us enough to kill tions on tax rebates to them dated Also the issue of Afghanistan and what us. Whether that is reasonable or not, back to 1986. My son was born in 1985. we must do in that area, I think the we have to find how we change that. It almost looks like we are burdening gentlewoman is right. Not to suggest that we ever give up our people with monies that have been long I think to the extent we fail to speak military response, but we are very given and really are not at this point to the great gap between societies, we shortsighted as a country if that is the the appropriate utilization of precious are creating those vacuums where dic- only approach. Because what we will be Federal dollars. tators and terrorists come and fill that doing is fighting this war sometime The other point I would like the gen- void. That is what bin Laden did in Af- next year, the next year and the next tlewoman to be able to comment on, ghanistan. That is what we find in year, because what we are doing is giv- and I thank the gentlewoman for that, other countries where they are har- ing opportunities for new terrorists to I am not sure how we can approach boring terrorists or governments that attack us. this; but the gentlewoman has high- are unstable. So there is value in So our homeland security and our na- lighted a very important point. What is America spreading democracy or try- tional security is tied almost the same happening in Afghanistan and neigh- ing to stabilize those communities for way in that our policies do matter. boring Pakistan is that children are our own selfish interests. It is in our There are consequences of our foreign being sent to these terrorist schools, interests to have stability in the Mid- policy and there are consequences from these schools that are training them dle East. It is in our self-interests to our domestic policy. To the extent that for lack of something else to occur in have stability in Afghanistan and we do patchwork, we get that kind of their lives, and they are being led to Pakistan, if no more than to keep down response. So we have an opportunity to believe that we are bad and they are the potential of a threat of terrorists; respond to the holistic need and the good. but it is also in our interests in the vulnerability that my people back in Unless we deal with the needs of peo- long run to have trading partners. So my district feel, both physically, but ple, the starving people in Afghanistan, we want to secure those. also economically, and the vulner- the starving people around the world; So both of those questions are very ability that we see that is nationwide in the Sudan, there are tragedies hap- important. Again, I want to thank the is also one of military strength, but pening there between religious groups; gentlewoman for the opportunity, and I also of diplomacy and humanitarian. but unless, as I hear the gentlewoman want to wish her well in pushing her So we have opportunity. saying, we address the pain of starving, bill and that we should consider that. Again, I thank the gentlewoman for millions of starving Afghanis, millions Ms. JACKSON-LEE of Texas. Mr. allowing me to participate. of starving people who are innocent, Speaker, I thank the gentlewoman. I Ms. JACKSON-LEE of Texas. Mr. the terrible cold that is going to be ap- thank all of my colleagues who have Speaker, reclaiming my time, I thank proaching, and we can certainly salute taken the time to address the question the gentlewoman for bringing her in- our military. of unfinished business. I started out by sight to the floor of the House this By the way, I want to salute them. saying that 9–11 was a day in infamy, it evening, particularly since the gentle- We are approaching Veterans’ Day. I was a day of pain. It was a day where woman just came out of a very impor- want to thank all of the men and many of us have said, let us go on with tant budget hearing on the question of women who are protecting us all over our lives, we do not want to talk about how we prepare long range. the world who are part of the United it; but it is the responsibility of those As the gentlewoman well knows, we States military. But unless we address of us in government to talk about it have formulated a Homeland Security the question of the pain in this coun- and act upon it to heal the American Task Force that has just presented a try, and that we take these children people. report that our caucus has received and away from these kinds of terroristic Let me just summarize what I think reviewed; but what the gentlewoman is training, we take them away from our unfinished business is. It is to deal highlighting, and I want to yield to the being brick makers at 8 years old. I do with the children. As I started out, I gentlewoman on this question, is that not know if we know that Afghan chil- want to thank the leadership of this we now have the opportunity. We are dren are working at 4 and 5 and 6 and House that I understand will possibly here now. This is November. Our work 7 years old to bring home 50 cents a be giving us an opportunity to debate is not yet finished; appropriations bills day, 50 cents a week, making bricks. I this resolution, and I am very pleased are yet unfinished. But we need a new think the gentlewoman knows that the with that. I think the Members of the bill from the administration and we gentlewoman from California (Ms. House realize the importance of the need the Committee on the Budget en- SOLIS) is doing a briefing on Afghan long-range impact on the children that gaged so that we can address these women. We have agreed to join her to lost a parent or guardian or parents on issues head-on with a plan. The Com- do one on a separate day on Afghan that day. They are going to need foster mittee on the Budget provides the children. But as I hear the gentle- care assistance, adoption assistance, plan, the vehicle, and I know that with woman saying, we have to wake up and medical, nutritional, psychological some sense of humor; but we will not address those issues. care, educational services and other make light of this. There are always I yield to the gentlewoman. services. some vigorous debates sometimes be- Mrs. CLAYTON. Mr. Speaker, first I We realize that those children who tween our budget legislators and our think it is almost shameful that we are separated from family members are appropriators, but we have been work- ask the local policemen and the fire- going to need the kind of direction ing together. men to sacrifice their lives, and yet we from government, or at least the impe- The gentlewoman has seen now what give GM and these big corporations big tus of government, to encourage that the long-range plans need to be. It does tax breaks, but we do not give the fam- these children get with relatives, close not seem like the economic stimulus ilies of these people those kinds of relatives; and then we are going to

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 21864 CONGRESSIONAL RECORD—HOUSE November 7, 2001 need to give those relatives the finan- Then let me be grateful for the fact as necessary to ensure that such assistance, cial support based upon benefits that that we are going to work to help our services and benefits are provided within 60 are due these children. This resolution children. We have not forgotten this days of the date of the determination of the will address local and State govern- family. I would simply say that we death of the child’s parent or guardian. ment and the Federal Government to have work to do. Let us get it done. Much of the funds that would be utilized for get those benefits out, not handouts, Mr. Speaker, the tragedies of September services in this legislation would come from but benefits due these children in a 60- 11, 2001 left thousands of victims from around the Social Services Block Grant (SSBG). The day period from within the determina- the world, killing hundreds from Britain, more SSBG is a flexible source of funds that states tion of the death. We think this is than 130 Israelis, more than 250 from India, may use to support a wide variety of social something we can do. I applaud the and scores of others from El Salvador, Iran, services activities. leadership of the House for the appear- Mexico, Japan and elsewhere. Indeed, these In FY 1999, the largest expenditures for ing opportunity to do this. attacks against all people, and against all hu- services under the SSBG were for child day Airline security must be done now, manity are, as Mayor Rudolph W. Giuliani cor- care, foster care for children, and prevention and it must be federalized. The Attor- rectly noted, ‘‘more than any of us can bear.’’ and intervention services. ney General said about a private con- But perhaps the greatest victims of these There are no federal eligibility criteria for tractor even before this terrible inci- tragedies are the yet-to-be counted children SSBG participants. Thus, states have total dis- dent in Chicago, an astonishing pattern whose parents or guardians never came home cretion to set their own eligibility criteria (with of crime that potentially jeopardized on September 11, 2001, and never will. exception of the welfare reform law’s income public safety described one of the pri- As Chair of the Congressional Children’s limit of 200% of poverty for recipients of serv- vate contractors doing Federal secu- Caucus, I call on Congress to recognize the ices funded by TANF allotments that are rity. My friends, let us restore the uncounted victims of these tragedies: the chil- transferred to SSBG). States also have wide faith of the American people back into dren. Their slain parents and guardians were discretion over the use of these funds. Federal the travel industry, and in particular the passengers and crew of Flight 77, Flight law establishes the following broad goals to- our airlines, on the brink of this holi- 11, Flight 93, and Flight 175. They served our ward which social services must be directed: day season. I am flying. We are all not great Nation at the Pentagon, both as civilians Achieving or maintaining economic self-sup- trying to create hysteria; but it is long and military, and they were the thousands of port to prevent, reduce, or eliminate delin- overdue for us to be able to check and innocent civilians and rescue workers killed or quency; achieving or maintaining self-suffi- to screen checked bags, to be able to injured at the World Trade Center on Sep- ciency, including reduction or prevention of de- train and have standards on people who tember 11, 2001. pendency; preventing or remedying neglect, are checking us into the airport. We do Today, six weeks after the September 11, abuse, or exploitation of children and adults not mind being checked. We just want 2001 attacks, there is still no official overall unable to protect their own interests, or pre- to make sure that they check us the count of the bereaved children. Speculation as serving, rehabilitating or reuniting families; pre- same way in Atlanta that they do in to just how many children have lost at least venting or reducing inappropriate institutional Chicago; that someone is not just look- one parent or a legal guardian range in the care by providing for community-based care, ing at you in Chicago and screening area of 10,000 (based on various news home-based care, or other forms of less inten- you and all that you have in Atlanta. sources and cited last week on National Public sive care; and securing referral or admission Standards are extremely important for Radio by Senator HILLARY RODHAM CLINTON) for institutional care when other forms of care federalizing. to 15,000 (cited in an editorial in The Times are not appropriate, or providing services to I plan to offer a bill, it has been in on September 26, 2001), to the conservative individuals in institutions. estimate of 4,000 who qualify as ‘‘orphans’’ the drafting stages, to outlaw once and Federal law also provides the following ex- under the Twin Towers Orphan Fund. Finally, for all the idea of knives and such in- amples of social services that may relate to the early estimate of 1,500 children left by the struments being carried on to planes. I these broad goals: Child care, protective serv- 700 missing Canter Fitzgerald employees think if the American people know you ices for children and adults, services for chil- alone is strong evidence that the projections of cannot carry them on, you will be sub- dren and adults in foster care, health support children affected should be interpreted quite ject to criminal penalties, they will ad- services, and services to meet special needs liberally. here to that; and I believe that is ex- of children, aged, mentally retarded, blind, Whatever the actual number, one thing is tremely important. emotionally disturbed, physically handicapped, clear—as Members of Congress we must ad- b 1830 alcoholics and drug addicts. dress the needs of our children, the most vul- And then it is crucial in the eco- nerable of all Americans, first and foremost. My legislation, H. Con. Res 228, would ex- nomic stimulus package that we take My resolution before us today, H. Con. Res. press to the States that these funds be expe- care of those individuals who have been 228, addresses this great need. It expresses ditiously distributed to the proper Agencies so laid off through no fault of their own the sense of the Congress that the children that needed services for the children who lost because of this enormous tragedy; that who lost one or both parents or a guardian in parents or a guardian during the attacks of we provide unemployment benefits and the September 11, 2001, World Trade Center September 11 may be rendered. health benefits; that we get help to the and Pentagon tragedies (including the aircraft Mr. Speaker, this resolution is greatly need- small businesses that are out there crash in Somerset County, Pennsylvania) ed now. struggling, as they are the infrastruc- should be provided with all necessary assist- Foster Care and Adoption Services: These ture, the backbone of America; the ance, services, and benefits and urges the services are crucial to any child who has lost concessions in the airport are suffering heads of Federal agencies responsible for pro- their parent(s) or guardian. The importance of as well; that we provide a rebate to viding such assistance, services and benefits providing such services expeditiously cannot those low-income workers and mod- to give the highest possible priority to those be underestimated, particularly in light of erate-income workers who will take children. compounding emotional trauma endured by those dollars and put them back into This resolution is non-controversial. It mere- these children. the economy as we move toward the ly prioritizes the delivery of Federal benefits At a recent Congressional Children’s Cau- holiday season. currently available under Federal law to chil- cus briefing held on October 12th, 2001, Cindy Let us not get into any kind of war- dren who have lost their parent(s) or guardian Freidmutter, Executive Director of the Evan B. fare about what large corporations de- in this horrific tragedy. These should include: Donaldson Adoption Institute in New York serve funds and which do not. Let us (1) foster care assistance; (2) adoption assist- spoke to this issue. She noted that after Sep- attempt to do the job, Mr. Speaker; fin- ance; (3) medical, nutritional, and psycho- tember 11, the Adoption Institute proposed the ish our business and provide for the logical care; (4) educational services; and (5) Permanency Project to minimize further trau- American people through a real stim- such additional care or services as may be ma and uncertainty in the lives of children who ulus package; with airport security, necessary in light of this tragedy. lost one or both parents in the attacks. federalize it and let the conferees do Additionally, we urge such agencies, to the This project is needed due to the uncertain the bidding of the American people. maximum extent possible, to take such steps future faced by children who have lost their

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00040 Fmt 0688 Sfmt 9920 E:\BR01\H07NO1.001 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21865 parent(s) or guardian. For many of these chil- Educational Services: Clearly, children dis- ANNOUNCEMENT OF INTENT TO dren, extended family members become deci- placed from their homes, communities, and OFFER MOTION TO INSTRUCT sion-makers and permanent caregiver for families must be stabilized as soon as pos- CONFEREES ON H.R. 2500, DE- these children. Some children, however, may sible, before further damage is done. One of PARTMENTS OF COMMERCE, not have a relative or friend to assume paren- the most important factors in providing such JUSTICE, AND STATE, THE JUDI- tal responsibility and eventually enter the pub- stability immediately, and in preventing further CIARY, AND RELATED AGENCIES lic welfare system. Other children find them- de-stabilization is maintaining the level of edu- APPROPRIATIONS ACT, 2002 selves moved around from relative to relative. cation that existed prior to the loss of the par- Mr. ROHRABACHER (during the Spe- Best practices and research in the fields of ent(s) or guardian. This resolution provides for cial Order of Ms. JACKSON-LEE of adoption and child welfare dictate that two such services. Texas). Mr. Speaker, I hereby give no- considerations should be paramount in offer- Other Services: Finally, other services may tice that I intend to offer a motion to ing crisis services to these children and their be deemed appropriate in light of the situation instruct conferees. families/caregivers. First, it is critical to quickly as it progresses. While it is impossible to an- The form of the motion is as follows: institute and support a stable family structure ticipate and enumerate every conceivable situ- Mr. ROHRABACHER moves that the man- because repeated changes in caregivers for ation calling for the need for such services, agers on the part of the House at the con- displaced children can cause irreparable harm. this resolution recognizes the need for com- ference on the disagreeing votes of the two Second, children who have lost their parent houses on the bill, H.R. 2500, be instructed to benefit by having a permanent caregiver who mon sense and discretion in determining what services are needed given the particular situa- insist on the language contained in section is a family member or close family friend, and 626 of the House-passed bill and section 623 of when possible, it is beneficial for such children tion as it applies to children. the Senate amendment, prohibiting the use to remain with their siblings. Separation from Update on Mr. Calderon and His Children: of funds in the bill by the Department of remaining biological family members can Mr. Calderon is 39 years old and moved to Justice or the Department of State to file a cause these children significant additional New York City from the Dominican Republic 7 motion in any court opposing a civil action trauma. years ago. He and his children currently reside against any Japanese person or corporation for compensation or reparations in which the This resolution recognizes these needs, and in the Washington Heights neighborhood of plaintiff alleges that, as an American pris- to the greatest extent possible, provides for Manhattan. oner of war during World War II, he or she services that best serve these children. At an October 12 briefing sponsored by the was used as slave or forced labor. Medical and Nutritional Services: Without a Congressional Children’s Caucus, Mr. f parent or guardian to provide regular medical Calderon spoke about his wife Lizie Martinez- and nutritional services, children face wors- DENOUNCING BRUTAL TREATMENT Calderon, who is still missing from the attack ening situations still. This resolution ensures OF AFGHAN WOMEN AND WOMEN at the World Trade Center. that such services are available. AROUND THE WORLD Psychological Services: According to the Lizie was employed with Aon Financial The SPEAKER pro tempore (Mr. Group, which was located on the 100th floor National Mental Health Association, children SCHROCK). Under a previous order of who experience such trauma are at extreme of Tower 2. They were married in 1996. the House, the gentlewoman from Cali- risk of mental disorders, particularly in situa- The Calderons have two young children, fornia (Ms. MILLENDER-MCDONALD) is tions such as this, where ongoing trauma ex- Naomi, 4 years old, and Neftali, 20 months, recognized for 5 minutes. ists due to the loss of parents or a guardian. Mr. Calderon is a school bus driver, but was Ms. MILLENDER-MCDONALD. Mr. For example, children who lost a parent in the force to take a leave of absence in order to Speaker, as the co-chair of the Con- Bosnian War still experience chronic depres- care for his children. gressional Caucus on Women’s Issues, I sion, post traumatic stress disorder, and grief, am here again to denounce the brutal even years after the Bosnian War ended. As a result of that briefing, which included a panel of experts whose agencies deliver serv- and horrific treatment directed against These children have been further deprived of Afghan women and women around the a normal grieving process due to difficult and ices to families, Mr. Calderon is now able to provide for his children. The American Red world. painful thoughts in the way in which their Mr. Speaker, I have developed a loved one died. As a result, these children Cross, with the personal assistance of Ron track record for supporting legislation needed and continue to need intensive and Houle, presented Mr. Calderon with 2 months and championing causes that support long-term mental health services. rent, and will be providing food and winter Importantly, the trauma that the Bosnian clothes for his children shortly. Mr. Calderon is the needs of women, such as pay equity War children endured closely parallels that of also expecting financial assistance from the and the enforcement of antidiscrimina- the children who lost parents or a guardian in Red Cross to help with living expenses and to tion laws. the September 11, 2001 tragedies because help secure a future for his children. Because My passion for supporting the needs the circumstances and violence of the loss is of this greatly needed assistance, Mr. and rights of disenfranchised women analogous. Calderon is able to return to his job in a few and children has motivated me to urge The combination of witnessing and experi- weeks. my fellow House colleagues to join me in denouncing oppression wherever it is encing traumatic events and multiple environ- Afghan Children: While H. Con. Res. 228 manifest. mental and family factors further contributes to specifically speaks on the children who lost I have vowed to revisit the plight of various mental health problems. Statistics indi- parents during the September 11 attacks, Afghan women each week until gender cate that only one in five children with a seri- there are millions of children in Afghanistan apartheid there ceases to exist, and for ous emotional disturbance receive mental who will lose a father and/or mother as a re- several weeks I have passionately ad- health specialty services. That’s why I intro- sult of the War Against Terrorism. A genera- dressed these concerns. Therefore, I duced H.R. 75, the ‘‘Give a Kid a Chance Om- tion of Afghan children is at risk. We cannot come before this body not only to ex- nibus Mental Health Services Act of 2001’’ to forget these children and they will be the focus press my outrage and sorrow about the promote mental health among all children and on an upcoming briefing co-sponsored by the plight and treatment of Afghani their families and to provide early intervention Children’s Caucus. services to ameliorate identified mental health women by the Taliban regime, but to problems in children and adolescents. This As Members of Congress, we bare the great also express my outrage regarding do- legislation is greatly needed, but the resolution burden of providing and protecting these chil- mestic violence within our own bor- before us today, H. Con. Res. 228, effectively dren. This is perhaps our greatest and most ders. There are atrocities that we and address the issue of mental health in our chil- sacred responsibility. So today I urge us all to the House will not allow and will con- dren in light of these tragedies. come together as parents, as leaders, and as tinue to fight until justice is done for Mental health is indispensable to personal Americans to provide these children with the all women. well-being, family and interpersonal relation- services and benefits that they so desperately In Afghanistan, the Taliban regime is ships, and contribution to community or soci- need are entitled to. mistreating women. Their actions are ety. This resolution recognizes the need for Thank you. God bless the Children, and woefully inconsistent with the Islamic such services and makes them available. God bless the United States of America. religious injunctions that recite one

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 21866 CONGRESSIONAL RECORD—HOUSE November 7, 2001 should be just and compassionate to only for themselves but for their chil- passed by this House to address this women. dren. economic downturn. But they will, of Contrary to Islamic custom, Muslim Mr. Speaker, we will often hear peo- course, take time. women and girls are forbidden from re- ple say that I am a mother of all chil- All of these issues deal with, in a ceiving an education. They can be se- dren; and in order to do that, we must way, some directly, some indirectly, verely punished and even put to death be the defender of women’s rights. national security. But in every single for violating Taliban laws. These laws f instance, we also have the issue of im- enforced by the Taliban are not those IMMIGRATION AND IMMIGRATION migration and immigration reform set forth in the Muslim’s holy book, REFORM working its way into those discussions. the Koran. The laws are reflective of I will try to deal with both of them to- narrow and atypical interpretations of The SPEAKER pro tempore. Under night. Islamic law. the Speaker’s announced policy of Jan- The issue of airline security. Let me The end result is that Afghani uary 3, 2001, the gentleman from Colo- talk about that on a broader scale. It women are confined to their homes to rado (Mr. TANCREDO) is recognized for is, of course, important to make sure live, suffer, and sometimes die in a 60 minutes. that we are safe when we get on an air- state of fear. The fathers, brothers, Mr. TANCREDO. Mr. Speaker, I have plane. Is it not also important, is it not husbands, uncles, and men of the soci- on many occasions risen on this floor even of paramount importance, to try ety share in the mistreatment of these to address the body with regard to the and do something about the millions of women. Reports continue to be pub- issue of immigration and immigration people who come across our borders, ei- reform, and tonight is no exception to lished about the extent of brutality ther by land or by air or by sea, every that rule. I do this often because I be- that women and little girls are being single year? And they, for the most lieve it is a significant problem, per- subjected to. Domestic violence is not part, come here not to necessarily do haps the most significant problem we only common but rampant. us harm, but for their own purposes, al- face in this country from a domestic I am horrified by this. It is my belief most always economic in nature. policy standpoint. and understanding that women are sup- It is understandable. No one is sug- We argue on the floor of the House posed to be held in high esteem. If this day in and day out and night in and gesting that it is not the desire of is the case, I am forced to wonder how night out about a variety of issues. All every human being on the planet to these men of the faith can justify such of them, of course, have major con- better themselves and to provide more inhumane behavior to Muslim women. sequences. for themselves and for their families. Domestic violence is a phenomenon We have spent a long time debating But they do come across our borders, that plagues women nationwide. In the the issue of airline security, for in- Mr. Speaker; and they do so some- United States, a woman is beaten every stance. It was mentioned again just in times, some of these people come 9 seconds. This year, almost 4 million the course of the previous speaker’s across our borders with evil intent, as American women will be physically comments. It is undeniably an ex- we learned all too savagely on Sep- abused by their husbands or their sig- tremely important issue, the issue of tember 11. nificant others. airline security. It is for those of us, Now, there is an undeniable problem. Wife-beating, a common and repug- especially, who fly as often as those of It is one of those huge problems; and in nant behavior employed by far too us in the House do. a way it is like the typical story of the many men, results in more injuries re- I, for one, am on an airplane twice a 500-pound gorilla in the room that no- quiring medical treatment than rape, week, and my family are off and on air- body wants to acknowledge, but every- auto accidents, and mugging combined. planes. I assure the Members that I body knows it is there. In this case, These figures are disturbing, Mr. have just as much concern about air- ‘‘it’’ is a completely broken, com- Speaker, and disheartening, because line security as the next person, and pletely incompetent INS, Immigration underlying these numbers are those perhaps more so, from a very personal and Naturalization Service. not counted that are even more appall- standpoint. Therefore, the decisions we I want to focus the first part of my ing. make in this House with regard to the remarks this evening, Mr. Speaker, on For example, 42 percent of murdered particular kind of security that is put this incompetence and on the desperate women are killed by their intimate in place are certainly important. I do need we have for national security pur- male partner. But a tragic and dis- not mean for a moment to suggest that poses to not only make sure that the graceful irony is that prison terms for they are not relevant to our debates flying public is safe, but to make sure killing husbands are twice as long as here. that we are safe every day on the those for killing wives. There must be But I do mean to suggest that they streets of the United States from peo- parity in sentencing for domestic vio- are not as important, Mr. Speaker, as ple who come across our border, from lent crimes. The women of this House one other issue. That issue is the de- illegal aliens or from immigrants who have fought and will continue to fight fense of our borders. are here even legally, but have the de- for resources to protect the lives of As I have said on more than one oc- sire to do us ill. women. casion, the defense of this Nation be- We have a responsibility to point this In the 7 years since the passage of gins with the defense of our borders. out, and I try my best to do so. I have, the Violence Against Women Act, The extent to which we devote time every single time I come to this floor, VAWA, more than $1.5 billion in grant and energy and resources protecting people who write us, who call us, who funds have supported the work of pros- the flying public, to the extent to take advantage of e-mail, which is ecutors, law enforcement officers, the which we do that, of course, it is com- right now probably the best way to court, victim advocates, and health mendable and it is important; and it is contact us. care and social service professionals. absolutely the right thing to do. I have people who do that by the Through the support of VAWA fund- But it is amazing to me how much thousands, contact our office to tell me ing, my home State of California main- time and energy we spend in that. We of stories that I have put in the cat- tains 23 sexual assault response teams, passed something called a stimulus egory of almost too incredible to be 13 domestic violence response teams, package. It is really a security pack- true, but they are true. Many, many of and scores of domestic violence advo- age. It is designed to make sure that them are documented. cates located in law enforcement agen- the American economy remains strong Many, many of the stories come from cies throughout the State. and that people remain employed, and people who work for the INS, people I am proud of these resources, but we do this as we watch an economy who are trying their best to do a good more work and funding is needed. that is deteriorating. We all know that. job in light of a bureaucracy that has Women need more safe havens and pro- We are taking the right steps, I be- absolutely no interest in having them tection against domestic violence, not lieve, in the measures that have been do a good job, especially if that job is

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21867 in internal security within the bound- the matter and in June 1996 released its When the Office of the Inspector Gen- aries of this United States. 197-page report. In this report, Inspec- eral finally gained access to Mr. I am going to start this evening’s dis- tor General Michael Bromwich not Cadman’s computer, all his e-mails re- cussion with a story about a gentleman only detailed the conspiracy behind the lating to the delegation’s visit had by the name of Walter Cadman. Mr. INS sham but also explained how Mr. been deleted. According to the report, Cadman is an employee of the INS, a Cadman and other officials tried to ‘‘In his interview, Mr. Cadman stated very high-ranking employee. I will tell cover up the wrongdoing. that as matter of consistent practice, the Members what that specific posi- Initially, by the way, Mr. Speaker, he contemporaneously deleted his elec- tion is in just a moment. But let me the Inspector General told a member of tronic mail messages shortly after re- give a little bit of background, Mr. the delegation, the gentleman from sponding to them. In searching his e- Speaker. California (Mr. GALLEGLY), who was at mail, however, we,’’ the OIG, ‘‘did find Mr. Cadman’s climb through the bu- the time I believe even the chairman of some of Mr. Cadman’s messages from reaucracy of the INS began when he the Subcommittee on Immigration, June 1995 which was inconsistent with joined the service in 1976; and after told him that it would be done, that Cadman’s representation to us.’’ working as an investigator and a re- this report would be done within a few In an extensive and time-consuming gional director, he took over a job in months, that the facts were clear, and process, investigators were eventually Florida, the Florida operations, in 1992. if they could get simply the response able to locate 61 messages that had Three years later, a seven-member that they required from the INS in been sent or received by Mr. Cadman congressional fact-finding team visited terms of access to documents, the re- regarding the congressional visit, Krome, and that is a facility, a deten- port would be done in just a few many of which helped OIG, Office of In- tion facility for detainees, alien detain- months. It actually took over a year spector General, prove that the offi- ees. They visited the Miami Inter- because, of course, to no one’s real sur- cials had purposely deceived the Con- national Airport also. prise, the INS was not forthcoming gress of the United States. Mr. Cadman was among several high- with the documents that were required ‘‘On the basis of the evidence gath- ranking INS officials who attempted to to conduct the investigation. ered in this investigation, we believe deceive these Members of Congress into Mr. Bromwich wrote in the report: the appropriate punishment for Miami believing that Miami immigration op- ‘‘Moreover and perhaps more troubling, District Director Walter Cadman falls Mr. Cadman was a willing participant erations were well managed. Mr. within a range from a 30-day suspen- in efforts to mislead INS headquarters Cadman and others abruptly released sion to termination of employment.’’ and then to mislead and delay the in- 58 inmates from the critically over- This was the OIG’s, the Office of In- vestigation of this matter.’’ That is a crowded Krome detention center 2 days spector General’s, conclusion. very damning statement. We have before the task force’s visit, according They went on to say that, ‘‘Should he heard statements to that effect in to an exhaustive Federal investigation. not be terminated, we urge his reas- other cases, people trying to mislead All of this, by the way, everything I signment to a position where he would investigators, people trying to delay am telling with regard to this case is not have significant managerial re- the investigation. We remember that documentable. Again, if anybody wants sponsibilities.’’ I want my colleagues all too clearly, I think, from past ad- to listen to that carefully, Mr. Speak- more details, this is the way, Mr. ministrations. Speaker, that one would obtain those, Anyway, Justice officials found that er. The OIG said should this man not by contacting our office. Cadman had presided over meetings in get fired, which is as we all know al- Let me go on. More than 100 other which the conspiracy was planned. On most impossible in the Federal bu- aliens were hidden in the facility to the day of the visit, Mr. Cadman, re- reaucracy, contrary to the protesta- dupe the House delegation, Members portedly red-faced with anger, threat- tions of those who want to federalize from the House of Representatives, to ened to arrest two INS inspectors who the airline security service, but it says, give the illusion that the inspection tried to alert representatives about the ‘‘Should he not be terminated, we urge process at the Miami airport was well whitewash. Mr. Cadman even called his reassignment to a position where managed. airport police. he would not have significant manage- rial responsibilities.’’ b 1845 Again, this story gets better when I tell my colleagues where this gen- After Mr. Cadman’s removal from Staff was bulked up and noncriminal tleman now resides within the INS. So Miami, he virtually disappeared in the detainees were allowed to wait in an just hang with me here a minute. INS bureaucracy. Then, on March 4, unsecured lobby rather than in a less Again, put it in the category, unbeliev- 1997, the gentleman from Kentucky hospitable holding cell. Inspectors were able but true, and of course, with re- (Mr. ROGERS) held hearings on also ordered to remove their gun hol- gard to the INS, the folder gets bigger Kromegate, trying to find out how sters and handcuffs to portray a much and bigger and bigger every day. Cadman and his cohorts were punished. kinder, gentler INS that focused on Mr. Cadman’s cover-up efforts began The gentleman from Kentucky (Mr. customer service. after the Office of the Inspector Gen- ROGERS) asked then-Attorney General This phrase, ‘‘customer service,’’ I eral started its investigation. Mr. Janet Reno the following question: heard many times from many INS offi- Cadman, ‘‘did not deny that large num- The gentleman from Kentucky (Mr. cials and many people who have come bers of aliens had been transferred and ROGERS): I need to know what hap- to our office as whistleblowers to talk released from Krome,’’ Mr. Bromwich pened to the people. Let us get to the to us about the incredible pressure wrote in his report. ‘‘However, Mr. bottom line here. What happened to under which they have been placed by Cadman essentially represented that the people that misled the Congress? INS management. They are told the all alien movements were normal in Name the names. Where are they now? same thing, that they are to treat any- light of the overcrowded condition Janet Reno’s response: Dan Cadman one coming, trying to get into this there.’’ elected a voluntary demotion to a GS– country, and even those who have come That explanation, investigators de- 15. here illegally, as customers; and the termined, was not true. Rather than By the way, a GS–15, that is, if not customer is always right. In this case, cooperate with investigators, Mr. the highest, it is close to the highest the customer chose evidently not to Cadman forced the Justice Department category of GS, of government service, stay in the cell. to obtain subpoenas to access his com- that one can get. It is at least $100,000 After more than 45 employees, many puter files. As I say, the Inspector Gen- a year. of them union members, blew the whis- eral expected that there would be some He elected to take this demotion to tle on their bosses, Kromegate broke. degree of cooperation. I do not know GS–15, criminal investigator in head- The office of the Inspector General for why they thought so, but they did. It quarters operations. Okay. That was the Justice Department investigated was not forthcoming, however. the demotion.

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Congressman ROGERS: Well, where is on visas. Now, Mr. Speaker, not every- case out of court or he orders the per- he now? one visiting the United States needs a son deported. Then they are essentially Attorney General Reno: I cannot tell visa. People come from certain coun- turned over to the INS; and that is you precisely. tries where we have agreements where where the problem begins, as we can Congressman ROGERS: Is he still visas are not necessary. So we have far imagine, turned over to the INS for working? more people coming to the United their handling of the case, for their en- Attorney General Reno: He accepted States each year. In fact, we have forcement essentially. a voluntary demotion, sir, so I would about 500 million visitors a year. But b 1900 assume he is still working. about 35 to 40 million come as a result Now, would you believe, Mr. Speaker, Congressman ROGERS: He is a Justice of the visa process. Department official; correct? Now, that process is one where people that there are, as we sit here tonight, Janet Reno: So far as I know, sir. go to the consulate in their home coun- at least 300,000 people wandering ROGERS: He misled the Congress and try. They fill out some forms; and it is around in the United States of America he still works for the Justice Depart- the responsibility of that consulate of- completely free to do whatever they are doing and want to do, 300,000 people ment? ficial to determine whether the person who have, in fact, been ordered de- Correct. making the application is indeed who ported, but the INS has not taken Now here is the punch line, Mr. they say they are, number one, and, charge of it? They have simply let Speaker, and listen carefully to this. number two, whether or not they have them walk. And they have done so be- Roughly a year later in 1998 the INS any sort of background that would pre- cause, I contend, Mr. Speaker, the INS promoted Mr. Cadman to head the vent them from being able to come into does not care. newly formed National Security Unit. the United States. So about 40 million The gentleman from California (Mr. We have documentation; and I will come. read from a letter I received, an e-mail GALLEGLY) represents this whole thing Very little attention is paid, and was message we got not too long ago, like as a case where truth is stranger than up until September 11, very little at- we get so many times, as I say, hun- fiction. tention is paid to anybody’s back- dreds sometimes in a day, and it has Five years after Mr. Cadman left ground. They could not care less, now accumulated into the thousands of south Florida in disgrace, only to take frankly. Again, they have been told letters about this issue, and e-mails a job as a very high-paid INS adminis- that all of these people must be treated about this issue, and one of them came trator and as a, quote, ‘‘demotion,’’ he as customers. Again, if a customer from an INS agent. Again, I will read was appointed, if we can believe it, to wants to come to the United States, part of it later, but he essentially ex- head up the newly formed National Se- the customer is always right. So a visa presses the opinion that the INS does curity Unit. Chalk that up, Mr. Speak- is almost automatically granted. not care, does not want there to be any er, to another incredible but true series Once they get here, there are certain close scrutiny of these people. The of events of which we have become conditions that they must follow. If whole idea of internal investigations, aware in the last several months as we they are here on a student visa, they internal security and what happens discuss the issue of immigration re- are supposed to be students. If they are when people come across the border il- form in this country. here on a work visa, they are supposed legally, or what happens if they over- We wonder then how is it that so to work. There is an H1B. This is a cat- stay, do they go after them? The an- many breaches of security could have egory of visa of a person, usually a swer is absolutely not. happened over the years? And more re- white collar worker, usually in very There are literally millions of people cently, how is it that even Mohamed high-tech industries, computer pro- here. I am using the figure of 300,000, Atta, a name all too familiar to every grammers. That is what they are sup- which I gave earlier, Mr. Speaker, one of us now since September 11, how posed to do while they are here. which only refers to people who have is it that Mr. Atta could have been re- It is estimated somewhere near 40 actually been to a court and then or- admitted to the country in January percent of all visas are violated every dered deported but have not gone any- even though he had left the country? year, 12 million, in other words. Twelve where. When we talk to the INS, they He was here on a particular kind of million people either stay here even say I do not know where they are; I visa. He left and he was supposed to after their visa says they should go have not the slightest idea. This is a apply for what is called an I–512 form, home or in some other way violate the favorite response of the INS to almost or authorization to leave the country visa, as many of the 19 hijackers of every question; it is a shrug of the and return. By law he was supposed to September 11 did. shoulders. I do not know. I do not know put that in writing, the reason he was The process is one where if someone where they are, have not the slightest leaving and for how long and how long violates their visa or if someone com- idea. After all, we can only look at so he would be gone. Now, he never did mits a crime while they are in the many people. How can we follow all that. United States as a visa holder, they are these people? They give you a million So, therefore, of course, after he left taken to court. But they are not taken, excuses. But, of course, that is their to go to Spain, which he did in January Mr. Speaker, to a regular court, the job. Theirs to have internal security, and then returned to the United States kind of court that we would be taken but nobody cares much about it. So coming through Miami, should never to if we violate the law. Not a district 300,000 people that have been ordered to been allowed to reenter the country. court, not a county court. They are be deported that the INS have done But, of course, the INS did not catch it taken to an immigration court. And nothing about, did not take them to and essentially did not care. That is believe me, there is a significant dif- the border and deport them. the truth of the matter. They do not ference. One anecdote here to add to this list care. What happens at that point in time is of incredible but true, unbelievable but There is a lot more attention being fascinating. And I will tell another true, however you want to put it. I will paid to it now, that is true, since Sep- anecdote, another story in a moment, give an example of something that hap- tember 11. But prior to that time, let another incredible but true story. pened. Again, every day I am telling me just give some examples once again They can go to the immigration somebody about this and they will of the unbelievable but true incidents court, charged with a crime. It could be come to me and say, ah, that is noth- or situations that we have become as insignificant as overstaying a visa. ing, listen to this. It is astounding now. aware of while we have been doing this It could be as significant as murder. Our files, if we stacked them up here, analysis of the Immigration and Natu- Crime brings them there. They get ar- they would reach higher than the sign ralization Service in the United States. rested and end up in front of a judge, here. Approximately 35 million people and the judge listens to the case, and A magistrate, an INS magistrate told come into the United States every year he either gives bail or he throws the the story to a Member of Congress

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21869 about a person that came before him as test to every potential administrator INS. And I will just read excerpts from a criminal. He had been arrested. He at INS so they could actually define his letter so as to avoid any indication was about, I think, 18 or 19 years old, if these words; because evidently, Mr. of who he is for fear of whatever ret- I remember correctly, but he had no Speaker, some of them are having a ribution might be in store for him. identification on him. He had mugged very difficult time with the English ‘‘I wanted to write you and let you an old lady, I think broken her arm or language and with understanding the know that I, as well as my entire ex- leg and had stolen her purse. Anyway, English language. tended family and all my close cowork- he had been arrested and taken to im- Here is what I mean. Mr. Fred Alex- ers and friends, appreciate your efforts migration court. The judge listens to ander, the deputy district director for to reform our immigration policies.’’ the case and orders him deported. Ac- the Immigration and Naturalization That is the kind of thing they usually tually gives him a choice: Do you want Service. Fairly high-ranking position, start out with. They are not alone, and to go to jail, or do you want to get de- would you not say? A position where believe me, I know it. We are inundated ported? Well, the kid I think probably you would expect someone to be able to with not just faxes and e-mails but peo- made the right choice under that cir- understand the English language? Well, ple coming to the office, INS agents, cumstance and said I would just as I am now going to attribute what he is present and past INS agents, telling me soon go back to Mexico, which is where quoted as saying to language problems. essentially the same thing; thanking he had come from. I am not going to suggest that he is ac- us for doing what we are doing here, He told the judge and the arresting tually abetting criminal behavior, aid- trying to reform that system. officers that he was an illegal alien; ing and abetting or encouraging crimi- I think my colleagues could under- that he was here without permission. nal behavior. That is too much to sug- stand those kinds of things happening, And he had no identification. He gave gest. Because if you actually ended up Mr. Speaker. We have all been con- his name, or he gave a name to the po- maybe prosecuting this gentleman for fronted by a Federal employee in this agency or that who is disgruntled and lice and to the judge. They actually, in aiding and abetting criminal behavior, wants to come and tell his or her story. this case, did take this particular per- he would be moved up to an even high- We have to oftentimes look at it in son then, put him on a bus, and sent er position within the INS, following light of what the circumstances are: him to Mexico through San Diego, I be- INS protocol. Have they actually gotten into some lieve. Shortly after this gentleman got Here is the comment by Mr. Fred Al- sort of trouble, are they being fired or into Mexico, he called his mother and exander: ‘‘It is not a crime to be in the something other? But never, ever have said, okay, will you bring down my ID United States illegally.’’ It is not a I had so many people from the same now. Because, of course, this gen- crime to be in the United States ille- agency coming to tell me of the prob- tleman was not an illegal alien. He was gally. Is there something wrong here? lems that they face there. born in the United States, his parents Maybe it is just that he does not under- He says, ‘‘I currently work for the were born in the United States, his stand the English language; does not Immigration and Naturalization Serv- grandparents were born in the United know what a crime is; does not know ice and have for’’ blank years. I am not States. He was not here illegally. what the words illegal and legal mean, going to say. He goes on to explain But he had learned, Mr. Speaker, he the difference between those two. what his background has been. He had learned that if you say you are an He went on to say: ‘‘It is only a viola- served in a variety of different capac- illegal alien, you will be taken to im- tion of our civil law.’’ Now, evidently a ities in the INS and he was recently migration court and you will not find violation of a civil law is not a crime. transferred. He said, ‘‘Every honest yourself in a prison, or even in a jail If you are here illegally, it is not a border patrol agent will tell you that waiting to go to prison. You will be crime. What kind of a statement is every illegal alien makes it through sent on a trip, in this case down to this? It is a reflection of what the INS the border, it just takes some longer Mexico. So he called his mom and said, thinks their job is. They believe them- and more attempts than others to get would you bring down the ID; and his selves to be social workers. They be- across. In any event, make no mistake mom dutifully got in the car, drove lieve that they were put here to en- about it, every determined illegal down to Mexico, drove across the bor- courage immigration into the United alien, from the youngest of the young der, I guess it was 100-some miles from States, and it does not matter how to the oldest of the old, and even dis- their home, handed him his ID and he anybody gets here. abled aliens can find a wheelchair, and then, of course, came right back across The INS, for the most part, I will make it to the interior of our cities. the border with her, showing his ID to contend, Mr. Speaker, would just as Once they are there, they live amongst the INS agent, the border guard, as if soon there be no borders whatsoever. us with very little fear of discovery and anybody paid attention even there, but The INS would then find themselves in deportation.’’ showed his true ID and came into this a position of sending out agents to An absolutely true statement. And country as a citizen. countries all over the world to explain even those outside INS know this is All records of the original offense, of why they should come to the United true. There is not a Member on this course, were attached to that person States, and that the fact is there would floor, and certainly probably most of that was deported to Mexico, not to the be no restrictions against them doing the population of the country recog- person that was coming back in. Two so and everything will be better off as nizes that once an illegal alien is here, different people. This guy was an a result of hundreds of millions of peo- the chances of their ever being re- American citizen. But he knew how ple crossing our borders. turned to their country of origin are corrupt, how messed up the system is. I believe that that is the motivating slim to none. It is because the ethos in- He knew that it was better for him to factor and the real basis, the ethos, of side that Department says, come on, pretend to be an illegal alien and take the INS, I do believe, after all the come on over. advantage of the laxity, the incom- things we have come across here, after He goes on to quote something, this petence, whatever you want to call it, all the things that have been e-mailed gentleman who wrote me, goes on to of the INS to get away with his crime. or faxed to our office by thousands of quote something that his employer, Amazing, but true. people, some of them wanting to know one of his supervisors told him that Here is another one. Would you not what they could do about this horren- puts in a nutshell everything I have think, Mr. Speaker, that it would be dous problem; but many others are like said about the INS and the ethos there, only appropriate, certainly expected the gentleman I am going to read or the thinking. He said, ‘‘I would also that a high-ranking official of the INS address here in a moment. like to point out that probably close to would understand the words ‘‘legal’’ We got this in our fax just a short half the illegal aliens in our country and ‘‘illegal’’ and the definition of the time ago. I cannot reveal his name first entered under some sort of legal word ‘‘crime″? Would that be asking right now, except to say that he, ac- method and subsequently violated or too much? Perhaps we need to give a cording to his letter, works for the overstayed their original status.’’

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 21870 CONGRESSIONAL RECORD—HOUSE November 7, 2001 This is what I mentioned earlier: One party, the Democratic Party, who looks through that little machine came here through a legal process, recognizes that there is a great deal of and screens our bags? I want good ones, under a visa perhaps or some other political support that they get from but I am trying to keep the bad guys process, but then just simply stayed. the immigrant communities; they want from coming here in the first place. And there are literally millions. We are to encourage massive immigration for We cannot just stand at the border not sure how many. Figures range from that purpose. The other party sees that and say, you look like someone who 7 to 15 million. No one really knows, there are both business interests and wants a job; even though you are ille- but we know it is in the millions, and political problems that develop as a re- gal, there is probably an eager em- I certainly believe it is in the double sult of actually trying to do something ployer willing to hire you and often- digits. about immigration reform. times, unfortunately, exploit you. We ‘‘Here in the interior,’’ he said, Many businesses are not happy about could do that and try our best to figure ‘‘there is almost zero enforcement op- what I talk about here on the floor out which ones we want to let in ille- erations which target these violators.’’ and, believe me, I hear from them. gally. Absolutely true. Documented time and They suggest that it is my responsi- The INS would be all for that, by the time again. ‘‘Finally,’’ he said, ‘‘I bility to make sure that they have a way. They would say, let us look for would like to make you aware that I cheap work force. That is really what certain characteristics. Are they believe the INS is totally mis- it boils down to. Arabs, let us keep them out. Even managed.’’ Again, a common theme. They seldom say it in just those those, we have to be more specific. The ‘‘After writing that, I feel it is a com- terms. It starts out ‘‘Mr. Congressman, reality is we cannot do that. If we are plete understatement,’’ he said, ‘‘but I have to hire them to do the job.’’ We going to have secure borders, that the English language probably doesn’t explain that we would be willing to means that we are going to stop all have a word which would convey my look at some sort of guest worker pro- people from coming across the borders sentiments without being vulgar.’’ gram, but people should come to the illegally. We have to stop it, Mr. Speaker. We When he was transferred to this par- United States legally. I try to encour- have no alternative but to try and con- ticular district office, he said that his age them to think about that as the trol our borders. It is a very difficult new supervisor said to him, and we right way to do it. Maybe, yes, they task. Everybody recognizes that. But I have heard this phrase over and over will have to pay more money for the suggest that we have to rise to the oc- again, Mr. Speaker, ‘‘Now, listen, big service. Employers do not like to hear that. I was an employer, and I recog- casion. cases, big headaches; little cases, little There is hopefully legislation that nize that an employer is always look- headaches; and no cases, no head- will be making its way through the ing for the best help at the lowest aches.’’ ‘‘That in a nutshell,’’ this indi- Congress. I understand that there will wage. vidual writing me goes on to say, be some legislation coming up soon But the reality is that there are tre- ‘‘seems to be the INS management phi- that will actually do something about mendous problems as a result of mas- losophy.’’ the INS structure. I am not sure what sive immigration to the United States, b it is right now. I think that the chair- 1915 and especially massive illegal immigra- man of the Committee on the Judiciary ‘‘That same supervisor told me not to tion to the United States. Because of is developing it. I hope that it is com- be too gung ho about doing my job be- the problems that I have identified prehensive in nature. I hope that it ac- cause the United States is not ready with both political parties, for the tually abolishes the INS, or the part of for an efficient immigration service.’’ longest time, we could not get anyone the INS that is designed to deal with The letter concludes that he would be to pay attention. I would come to the happy to discuss this later with me, security and enforcement. I hope that floor and say, there are problems with it abolishes that responsibility that we and that sort of thing. standard quality-of-life issues with give to Customs, to the Department of Mr. Speaker, I think that in a way massive immigration, with the balkan- Agriculture, to the Coast Guard, and a sums up the attitude of the INS with ization of the American culture and so- variety of other agencies that are cob- regard to what their job really is. Big ciety; and there are national security bled together in order to try and create cases, big headaches. Little cases, lit- problems with not being able to control some kind of border security. tle headaches. No cases, no headaches. our own border and not knowing who is Right now there are so many agen- And do not be too gung ho about doing coming across at any given time, not cies with such conflicting responsibil- your job because the United States is knowing what they are doing here, or if ities and specific regulations as to not ready for an efficient immigration they have gone home when they are what they can do, what they can look service. Maybe this supervisor is right, supposed to go home. at and what the other people cannot, and we are not ready for an efficient I recognize that there are massive people will wait on the border to see immigration service. I disagree. problems with actually trying to se- which line is being monitored by which There was a time when I would stand cure our borders. Let me suggest, al- agencies. Certain agencies can look in on the floor of the House, as I do to- though I certainly hope that we will the trunk and certain ones cannot. So night, and ask my colleagues to join use the military, either the Active if you are trying to smuggle drugs into me in an effort to reform the Immigra- Duty military or the National Guard, the country, you will pick one line. If tion and Naturalization Service, and to secure our borders, along with using you are trying to smuggle people in, there would be relatively little com- all kinds of technology that is avail- you will pick another. Put that in the ment except from the general public. I able. We are not talking about having category of idiotic but true. would hear from folks all over Amer- guards standing shoulder to shoulder I hope that we abolish all of those ica. When I get their e-mail address or across thousands of miles between Can- agencies or those parts of it that are any other way to contact them, we try ada and the United States and Mexico supposed to deal with border security, to respond, and we have thousands and and the United States, I am talking and I hope that we create a brand-new thousands who have contacted us in about patrolling, use of sensors and agency. Let us call it the United States that way. overflights, and there are a variety of Border Security Agency for our pur- I would be asking my colleagues time ways. poses together tonight, and all of their and time again for their help on this I am also talking about deploying functions are to secure our borders and issue, and this gentleman’s observa- massive numbers of people for internal root out those people who have come tions were accurate. Nobody really security purposes. We started talking here illegally and send them back. If cared that we did not have an efficient tonight about security issues. How they violated the law while here, they immigration service. There were polit- much more relevant are the discussions serve time for it. ical problems with trying to make it with regard to the internal security of The reality is, the nature of this efficient. the United States than just the person place and the business we do here and

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21871 the pressures that are applied by spe- wants to destroy us, we can deny them needs to represent the common sense cial interest groups, especially by im- a visa; and boy, do I feel better about that is manifest time and time again in migrant support groups, business inter- that. The terrorist with his or her the information I receive, from, quote, est groups and others, we will start out bomb in the bag waiting to come your average Americans. God bless perhaps with a very good thought in across, when they do not get the visa, them for being there. God bless them mind, and by the time it works its way do they go home and say, sorry, Mr. bin for being willing to come forward and through the body, it will get diluted. Laden, I cannot get my visa. You will tell their story, sometimes to their People in this business hope that ev- have to get somebody else. own detriment, to the fear of losing erybody out there simply forgets the Does anybody believe that is what is their job. connection between the terrorists and going to happen? Does anybody believe immigration and our lack of enforce- that they will not simply use the same My immigration reform caucus, Mr. ment. The hope is that people will sim- path that everybody else uses to come Speaker, will be holding a hearing, we ply forget about it and we can get back into the United States illegally, that believe next Thursday, at which we to business as usual. Business as usual, is, the millions and millions of people will have at least one individual that meaning porous borders, meaning un- who cross our border illegally? No. we have been able to obtain or we are concerned about who is coming across They will waltz across our southern working to obtain whistleblower status and why. There are plenty of people border or northern border, or find a for if that is what is necessary to get who still want that. They desire that way to fly in undetected because our him to be able to speak to us. He is an situation. Again, the political motiva- borders are porous, and there is no real INS agent. He has been an INS agent tions are strong. defense mechanism, while we are wran- for over 30 years. His stories about the I hope and I assure you, Mr. Speaker, gling over having these people who troubled agency are again almost unbe- that I will never let this body forget look through the screening device, lievable but true. I hope that he will this, at least as long as I am here and whether they should be paid by the not be treated unjustly by being will- I have breath. I will not let Members Federal Government or somebody else, ing to come forward. I assure you that forget that 19 people came into the as to whether that matters, as to United States on September 11, all of whether they are competent. Amazing. we will do everything we can to protect them immigrants, all of them here on him from any retribution that might b 1930 some status, some of them with legal attempt to be wreaked upon him be- documents, some of them who were But that is what we wrangle over. cause of his willingness to come for- here illegally because they had over- And we do that to our peril. ward. If we do not address this issue, Mr. stayed; and some of them, six to be ac- There are hundreds out there, Mr. Speaker, if we do not do everything in curate, we do not have the slightest Speaker, hundreds that are willing to idea what status they had when they our power to stop people from coming into the United States illegally, to find tell the story. They just need someone came here. The INS cannot tell us to hear it and then act upon it. I ask about six of the individuals, if they those who are here illegally and deport this body to heed their message. They were here on visas, here on green cards; them, if we do not do everything in our know the threat to America. These are they have no idea. power to accomplish that goal, then if, That tells us something, does it not, God forbid, another event similar to patriotic Americans who watched what about exactly how those people did get the 11th were to occur and it turns out happened on September 11 and shed the here. I think they probably waltzed that it was perpetrated by somebody tears, the same tears, the kind of tears across the border without telling the who is here either on falsified papers, that you and I and everybody else shed. INS and asking for a visa. I cannot snuck across the border, here even le- They work for the INS. They know the even imagine such a thing, but they gally but eventually became illegal be- problems. They know and some of them did. That is why when we talk about cause they violated their visa status, tell me in very specific terms about tightening visa requirements, I am all any one of the wide variety of reasons what they believe happened and what for it. that someone like that can get into the they believe is wrong with the agency But let us assume that we get con- United States today and stay here, if they work for that helped cause the cerned about handing out visas like that happens, Mr. Speaker, then we are horrible events of September 11. candy, and we begin to apply more not just being irresponsible in this Please, Mr. Speaker, I urge you and scrutiny and we actually have a law if body, we are actually culpable, because everyone else, all my other colleagues, it is signed into law, the Antiterrorist we have the opportunity to try and Act, which has something which we stop it. to move expeditiously to reform immi- proposed, the Immigration Reform Can I guarantee that even if we im- gration, to abolish the INS, create a Caucus, which said that if you are a plemented the most stringent border new, a better homeland defense organi- member of a terrorist organization, controls that we would never have an zation, stop illegal immigration at the you cannot come into the United incident again like September 11? Of border by every method we have at our States. Put this into the unbelievable course not. Of course not. But I can tell disposal, devote resources to identi- but true category, Mr. Speaker. you this, just because I cannot guar- fying the people who are in the United Prior to the passage of that law, the antee that we will never have such an States illegally, and yes, deporting antiterrorist law, a person could be a incident does not mean that we should them. member of al-Qaeda, the organization not do everything in our power to try Mr. Speaker, these may be harsh to stop it. that is devoted to our destruction, words; but these are harsh times in We have a great window of oppor- could be a member of that organization which we live. Who could have thought and that alone would not have been tunity, Mr. Speaker, in this body be- that we would be here talking about enough, would not have been sufficient cause the American people are with us, buildings collapsing as a result of ter- to deny this person a visa. those of us who want immigration re- There was a law on the book that form. I hear from you. I guarantee you. rorists turning planes into bombs? The said the INS cannot deny a person a They want to know, they write me, days to be shy about immigration re- visa simply because they belong to a they call me, they e-mail me and say, form are over with. They were over terrorist organization or an organiza- what do I do, what can I do to help? with for me a long time ago. They tion that is devoted to destroying the There are plenty of things that we can should be over with for all of us. I am United States of America. We did re- suggest and we do. There are bills com- encouraged by the response we get peal that. That is good. ing up that need to be passed. There is from average Americans. Now all I Now, if we find out that they are a action that needs to be taken. Suffice need to get, Mr. Speaker, is the same member of al-Qaeda or an outfit that it to say, Mr. Speaker, that this body response by my colleagues here.

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 21872 CONGRESSIONAL RECORD—HOUSE November 7, 2001 WORKING FAMILIES PLAY VITAL center in New Jersey, large numbers of They were able to play with that, and ROLE IN WAR AGAINST TER- people were being detained by the INS they are going to get another $15 bil- RORISM in a facility that was being run by the lion in loans. That is for the airline in- The SPEAKER pro tempore (Mr. local county, the county jail, and the dustry, the executives, et cetera. At SHUSTER). Under the Speaker’s an- man had a heart attack and died. There the same time many of us pleaded that nounced policy of January 3, 2001, the are large numbers of others who are in at least the airline employees should gentleman from New York (Mr. OWENS) detention right now whose names we be taken care of in the same legisla- is recognized for 60 minutes. cannot get. There are an unusually tion, because, after all, when you Mr. OWENS. Mr. Speaker, I am dis- large number of women also who are grounded the airline industry, the turbed by the fact that in this war being detained, Pakistani women. planes, you also took away the employ- against terrorism, which we all recog- These are all people who are basically ment of the people who work on those nize is going to be a long-term war, we working-class people. I am emphasizing planes either in the base or in flight or are not recognizing that working fami- this because no wealthy Pakistanis the supporting services at the airports. lies in this struggle against terrorism would be involved in this. No wealthy So why not have a relief package for are very important. Working families immigrants are going to be subjected them? Because of that traumatic eco- in the struggle against terrorism have to this, either. nomic blow to the airlines, they were a vital role to play. It is important It is very interesting that those who already beginning to lay off large num- that we all recognize that role that talk about immigration never talk bers of workers. So we said, the work- working families play. about the fact that in our immigration ers who are laid off, let us provide for I am disturbed because of the treat- laws, we actually have provisions them. We got from the Republican ma- ment that I see working families re- which encourage rich, wealthy immi- jority an insistent no, an ideological ceiving. Since September 11, we have grants to come in. We have incentives no. There was a lot of talk about not behaved well toward working fami- for wealthy immigrants. We put them ideologues. A blunt no, we will see lies. They are a vital component of our at the front of the line. The assump- about them later. We even got some long-term mobilization to make cer- tion is made in this present situation half-hearted promise that next week. tain that this Nation is never again where we are unnecessarily harassing Well, next week has not come yet. subjected to the kind of attack that immigrants, the assumption is made, I There has been no particular special re- took place on September 11. They are a guess, that only the poor immigrants lief for the airline industry employees. vital component of a war for the Na- are a threat. We are now moving through the prepa- tion, a war for the whole of civiliza- Why the assumption is made, I do not ration of an economic stimulus pack- tion, really, because the kind of fanat- know, because Osama bin Laden is a age where the same ideologues are in- ics and zealots who attacked the World rich man. Osama bin Laden comes from sisting that we should not have any Trade Center are that kind of threat. a very rich class of Saudi Arabians. great amount of relief for the unem- So working families should be re- There are many Saudi Arabians and ployed in general. The unemployed spected and considered a vital part of other people from the rich Arab world people are at the very bottom who are whatever we are going to do in the fu- that are in this country who never get suffering greatly from this economic ture. harassed and never have been harassed slump that was given a great boost I am also concerned about the fact since September 11, I assure you. There downward. It was pushed downward and that some immigrants who are Ameri- are many who have contracts with lob- made more serious by the September 11 cans, working families and happen to bying firms here in Washington. There attack. be immigrants, are being unnecessarily are some really very famous celebrities We ought to stop and consider what harassed. Particularly in my congres- and ex-government officials who work our long-term mission is here. We have sional district there is a large contin- in consultant firms for these same rich had forced upon us the need to consider gent of Pakistani immigrants, Paki- people. They are not immigrants, or in what is the United States of America stani Americans. They have been sub- some cases immigrants. The children all about. Before September 11, we were jected to all kinds of harassment by of these rich people are here on visas the most powerful Nation in the world. the INS and the FBI. In an overzealous all the time. They are not subjected to b 1945 attempt to demonstrate that they are this. It is another case of the mentality working hard, the INS and the FBI too much in America is a mentality We are the most powerful nation that have arrested large numbers of people, which is weighed in a direction which ever existed on the face of the Earth. they say more than a thousand across makes working-class families suspect We were prosperous, very smug, and the Nation, in the metropolitan area it or second class. anybody who said we needed to stop is about 250; and I know from firsthand I do not want to fall into the trap of and think about our relationship with contact that a large number of these fomenting a class war. The people who the rest of the world and what our mis- people are innocent Pakistanis. It is really believe in a class war are quick sion is as a nation and how our mission ironic that the one Muslim nation that to accuse liberals and Democrats and as a nation is important, because in de- has gone the farthest out to join us in progressives of wanting to start a class fining that mission, we not only pro- the fight against terrorism, taken a war. The class war is not even a war. tect ourselves and defend ourselves and great deal of risk as a nation, is Paki- The people who are in control in our guarantee our children and our grand- stan. country who have the greatest part of children will enjoy the same kind of Why are Pakistani Americans being the wealth and the power, they are so liberty, prosperity and comfort that we lumped into the whole threat to Amer- overwhelming in their power that they enjoy. That is the dream I think every ica that it is perceived immigrants rep- dominate the working class. It is not a person has. resent? Why not recognize that the war. It is just a domination, the way I am a grandfather, and I look at my President of Pakistan is coming to this they push the interests of the working grandchildren and say I want them to country this weekend. He will be at the families around. have a world as good as the world I am, United Nations. He is going to talk to There is no better example of that and, if possible, better. So we want a President Bush. Pakistan again has not than what has occurred since Sep- better world. We cannot do that by act- reneged on their offer to make some air tember 11. Consider the fact that we ing in isolation as the United States of base space available. They are way out passed a bill to bail out the airline in- America. there with us. I think that to subject dustry, $5 billion in cash for them to A lot of us understood that before. Pakistani Americans to unnecessary divide up among themselves because of Since September 11, most Americans harassment and intimidation, some losses we say they suffered as a result are beginning to hear from the leader- which resulted in the death of one Pak- of being grounded by the Federal Gov- ship that that is an impossibility, istani man in a jerry-built detention ernment after the September 11 attack. starting with the leadership in the

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21873 White House. Appropriately, President lief in the equality of all men ended. spect to marriage and a number of Bush moved to establish a coalition, And we should stop saying all men, but other things. But Japan is a democ- what is called a coalition, but the coa- say all humans, because we clearly be- racy. Germany is a democracy. Two lition is to deal with terrorism. The co- lieve that women should be equal to great nations with a lot of influence alition spirit should be a permanent men. That upsets a large number of are moving forward as democracies. spirit. people throughout the world. Equality The Soviet Union, which most of us In defending ourselves against ter- of men and equality of women. felt in our lifetime would never be rorism, we are coming to grips with We do not subscribe to a system called a democracy, is struggling and what our Nation is all about, what civ- which says that you have got some moving and has operated for a number ilization is all about. Because the peo- people up here who can be ayatollahs of years now, 10 years, as a democracy, ple who have perpetrated these ter- or chiefs or kings or sultans or poten- a struggling democracy. A huge nation, rorist acts are striking at the very jug- tates that have a right to trample on but a very large sphere of influence. ular vein of our Nation and our civili- the people underneath them, that the Democracy. Democracy moves on. We zation. lives of the people at the bottom of the should not back away from that mis- Our long-term mission has to be to economic ladder are not as good as the sion. understand that we stand for certain lives of people at the top; that they do India, whatever problems India may values, and those values are what bring not deserve the same system of justice, have internally, India is a democracy. about our enemies. The people who per- the opportunity to improve them- The untouchables in India probably petrated the terrorist acts on Sep- selves; that they do not deserve an edu- feel like blacks felt in America 20 or 30 tember 11 do not like those values. cation. years ago, and there are still a lot of We should not cry about it or spend The spirit of America is what the en- things to be done about the way un- undue time worrying about whether we emies of America hate. That spirit is touchables are treated in certain re- are liked or not. The question is, why summed up in the statement about life, gions. But India is basically committed are we not liked, who does not like us, liberty and the pursuit of happiness, to democratic rule. They have gone and what do we think of the people who and all human beings are created through a lot of tribulations and trav- do not like us? equal. ails, social and political travails, but People hate our values, and we It does not matter what happens in they have not yielded to any tempta- should not get into the trap of one reli- our foreign policy today, tomorrow or tion to lapse back into something gion being set up against another. Cer- the next day. If you do not back away other than democracy. tainly Osama bin Laden wants to make from believing all men and women are So our way of life, our mission in the it a conflict between Christianity and created equal and we continue to have world, is to perpetrate that democracy. Islam. A lot of other people would a democratic system, and we are going That may mean we need to go to war enjoy having the real issue hidden to have decisions made as fair as pos- when it is necessary, when we are at- under crosses and past history of cru- sible and keep trying to perfect it to tacked. I must say that people who say sades, et cetera. But we are not a coun- make it real, we are going to offend that what is happening in Afghanistan try that accepts religion as a basis for large numbers of people throughout the is similar to what happened in Vietnam our being. We are not a country that world. Large numbers of zealots and fa- are starting out with the wrong adopts one religion. natics are always going to be attacking premise. The Vietnamese never at- We have a certain value system, and us. tacked us. Whatever you may think the value system is really what upsets Do not worry about whether they about the war in Vietnam, we were our enemies most. Whether we were like us or not. We have a mission to try never attacked. They did not per- Christian or Jewish or any other reli- to go throughout the world and make petrate 5,000 casualties on us in the gion, they still do not like the value people understand how important this first day of the war. systems that are defined and set forth is. A war was declared upon us. Even the and promulgated by the Declaration of We have succeeded greatly in expand- Japanese at Pearl Harbor did not hit as Independence and the Constitution. ing democracy in the 20th century. many casualties, and they did not hit Probably more so than the Constitu- Just stop and think about two very so- the mainland of America. So war was tion, the Declaration of Independence phisticated, powerful nations with in- declared upon us via an attack on the defines what America is all about. It is fluence stretching over large areas of mainland of America. As a nation, not a legal definition, because the Dec- the world who became definite democ- there was no choice but to accept the laration of Independence, the pre- racies. Without question, Japan and challenge and go to war. The nature of amble, is not a legal matter. You do Germany, after the defeat in World that war and how we conduct it is not go to court on that. The Constitu- War II, became democracies. Whatever something we can debate about, but tion is a legal document that we have else they are, nobody challenges; no- war was necessary. a lot of wrangling about, back and body would question the fact that Ger- We are at war physically. Militarily forth in the court. many is a great democracy now and we are at war. But we also are at war But Thomas Jefferson’s declaration will be tomorrow. There is no likeli- for the minds, and we understand the that all men are created equal and are hood that they are going to sink into minds of the world, the minds of endowed by certain inalienable rights, fascism, totalitarianism. Germany is human beings all over the world are and among those are life, liberty and clearly a democracy. We accomplished part of this war and effort. the pursuit of happiness, is the core of that. So we must, as we conduct this war the spirit of what this Nation is all The transformation of Germany, and understand our long-term mission, about, the core of our democracy and some people said, well, we do not en- understand that working families are what it is all about, the core of what gage in nation-building. That is bad. very vital in this struggle against ter- we carry about throughout the world, Call it what you want. We did not ex- rorism. How working families are the core of what the world is respond- actly nation-build in Germany. They treated, how they are included, how ing to. had a nation, very rigid rules and so- they are allowed to participate, how we Anybody who says we are more hated cial strata. All kinds of things are hap- show concern for their problems is in the world than we are liked in the pening there, and it is still happening vital to the effort to win the war world, I challenge them right away. I in many cases. against terrorism and to win the war think we are more imitated, admired, It is just as in the case of Japan. We for a democratic world, where all men and people would duplicate our system, did not knock down traditions in and women are seen as equal, where if they could, ordinary people. Japan. We did not turn around their re- life, liberty and the pursuit of happi- We have leaders out there, fanatics, ligion. We did not turn around their ness are the values of the people who zealots, who would like to see this be- deeply entrenched practices with re- are in charge of nations.

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 21874 CONGRESSIONAL RECORD—HOUSE November 7, 2001 Barbarians are anyone choosing to positions in the computer areas, and way we have treated working-class define themselves as being against all there are, of course, translators. I families in this Congress. We refuse to this, who are our enemies. The barbar- talked about that before. There is a discuss minimum wage, so people are ians are against equality, equal rights great need for translators, people who mired at the very bottom and have had for all men and women. They are can translate from Arabic, from Farsi, no movement for the last 2 years. No against life, liberty and the pursuit of just as an example. discussion of it at all. happiness as being a basic set of rights. So we have a great need that cannot What has happened since September They define themselves. We do not be filled by educating just the middle 11? There is an article that appeared in have to wrangle about their way of life class and elite children. I have talked The New York Times on Tuesday, yes- or their religion, whatever. If you are about this many times. Our public edu- terday, which I think is a very thor- against equality for all people, if you cation system, which is an American ough analysis in a very compact way of are against the right to life, liberty invention, public education, which sets what has happened to working fami- and the pursuit of happiness, you are forth the credo that all children should lies. The article in The New York our enemy. You define yourself, and we be educated, it is one of the great con- Times, Tuesday, November 6 is enti- are committed. tributions to civilization. tled: ‘‘A Tax Hit Low Pay Jobs the We must maintain a mission to deal It is also one of the reasons that we Hardest. Many of the unemployed were with that enemy. As long as the enemy are greatest Nation in the world. Step in the service industry.’’ It is by Leslie believes that way and does not attack by step, when we need it, the brain Eaton and Edward Wyatt. ‘‘The terror- us, certainly we will not attack them. power to go forward, the brain power ists,’’ and I read a quote from the arti- It is a battle of words. It is a battle of has been there. Thomas Jefferson un- cle, ‘‘The terrorists who attacked the ideas. It is a battle of moral concepts. derstood that we had to get away from World Trade Center may have been try- We would like to see it return to just a educating people just to speak Greek ing to crush American capitalism and battle of words, ideas and moral con- and Latin and deal with philosophy and its masses of the universe on Wall cepts. religion. They have to be educated in Street, but the economic impact of the But since it is a hot war, a military the arts of farming, engineering, et attack is felling a very different group war, engagement is taking place, work- cetera. So he was the creator of the of people: cooks, cab drivers, sales ing families and the sons and daughters model for the land grant colleges which clerks, and seamstresses. Workers in of working families are very much in- came later. traditionally low pay industries like volved in that war. If you look at per- Of course, those land grant colleges restaurants and hotels, retailing and centages, I assure you the percentage established in every State were fed by transportation, have been hit hard in of the people who are running the oper- a system of public education, which, in the fallout from September 11, accord- ation, whether it is the women in the State by State, over the years, has ing to a new analysis from the New rear, in the ships and the planning of been very much imperfect, and there York State Department of Labor. A re- the logistics or whatever, or the men are many problems. The problems did port released yesterday by the labor- who are in the Special Forces teams not just begin a few decades ago. We backed Fiscal Policy Institute fore- that landed already or are getting have always had problems. casts that almost 80,000 people will ready to land, you are going to find But we must rush now to solve those have lost their jobs by the end of the that large percentages of those people, problems by making certain that work- year, and that 60 percent of these posi- overwhelming percentages, are from ing class families, children of working tions paid an average of $23,000 a year.’’ working families. class families, get a first-class edu- That is far below the citywide aver- How dare we ignore the needs of cation, because in addition to them age salary of roughly $58,000 in New working families when, if you did not being our first defenders on the battle- York City. New York City has a slight- understand how vitally important they fields of the world when there is a mili- ly higher salary scale and standard of are before, you certainly must ac- tary conflict, they are also the ones living. If we want to know who I am de- knowledge now how vitally important that have to replenish the human re- fining as working families, I am not they are? Because this is nothing new. sources that we need to run the CIA, to going to get into trying to deal with In all the wars that have ever been run the FBI, to run the INS, to take expert definitions, but let us just say fought, there are always working fami- care of a very complex society. anybody who has a family and they are lies, people on the bottom who make making less than $50,000 a year can b 2000 the greatest sacrifices. Their sons and consider themselves in a working-fam- daughters have been the cannon fodder Even the airplanes and the aircraft ily situation. The working families in- in every war since the Revolutionary carriers and the tanks and all of the come-wise. There are other features. War onwards. weapons require educated people to op- People have to get up every day and go Therefore, if we are wise and we want erate them at this point. So it is im- to work. There are some people who to continue the progress of our Nation perative that we recognize the vital may get $50,000 a year from their in- and fulfill the vision of the Declaration role of working families and we end vestments in the stock market or var- of Independence, working families what has happened this year in this ious interest-bearing accounts or real should be treated well. They are on the country, this House of Representatives. estate, but the people have to get up battlefields, wherever they are. They What has happened this year is that and go to work every day and are mak- sacrifice, they take the great risks. since September 11 it has come out ing less than $50,000 a year are clearly They are on the battlefield domesti- more than ever before that there is people who belong to working families; cally. They are needed very much as we great contempt for people in the work- and there are an overwhelming major- try to shore up our home security. ing class. Working-class families are ity of people in America who fall into There are a lot of problems that we being treated with great contempt. The this category. have just because we do not have the majority of Republicans show again Continuing to read from the article personnel, quality personnel, to fill and again their great contempt for the that appeared in the New York Times jobs. I have spoken about this before, working families of America. Minimum on November 6: ‘‘The spillover effect but, since then, just last week, the wage, they refuse to talk about it at hit the retail and service industries Government Office of Personnel all. We have not increased the min- very hard in New York City, said launched a major campaign to get imum wage. We have not each even had James Parrott, the chief economist for young people to come into the govern- a chance to discuss it. the institute, and those tend to be ment. We are trying to entice people in Mr. Speaker, I am making a plea to lower wage jobs. A sudden decline in to fill the positions. my colleagues that we end the con- these jobs marks a sea change in the There are investigative positions, tempt, the class contempt and the economy since September 11. Earlier there are analyst positions, there are class hostility that is reflected in the this year while the job market was

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21875 softening, the losses were concentrated one who worked at all was counted as maica, is lucky of the many of the un- among white collar workers like dot- employed, 223,100 people in New York employed because she speaks English com programmers, stockbrokers, and were looking for work. That was an in- and she can use a computer. The Con- advertising executives. Now they are crease of almost 20,000 people in a sortium for Worker Education, which concentrated among people like Kim month. The unemployment rate hit 6.3 runs a special program for people un- Daily. A single mother of two, Ms. percent. The October survey will not be employed because of the disaster, and Daily worked her way up from a $6 an released for several weeks, but its re- they have already counseled 3,200 peo- hour job picking up room service trays sults are included in Federal figures ple, they have 5,000 jobs in that special to a $15 an hour job stocking mini bars which were released on Friday. Those bank,’’ for people who can handle that at the World Trade Center Marriott. Federal figures show that a surge in kind of need, I mean are familiar with When the hotel was destroyed on Sep- national unemployment rose by half a computers. ‘‘Most of them are back of- tember 11, so was her job. She has not percentage point to 5.4 percent,’’ and fice jobs, data entry jobs, word proc- been able to find another job. It is not we have all been reading about the fact essing jobs, administrative assistance, for lack of trying. She stood in line for that that surge to 5.4 percent rep- said Sal Rosen, the Associate Director 4 hours outside a city-sponsored job resents the highest unemployment for of that group. fair, but never even made it to the the last 20 years. The unemployment ‘‘Hotel and restaurant employment door. She has been talking to a union, rate is higher now than it has been in has been devastated by the destruction but the only position available so far 20 years. of the trade center and the steep drop was so tip-dependent, that she won- ‘‘Unemployment insurance covers in tourism that followed. Most res- dered if it would cover her $700-a- only about a third of unemployed taurants are not unionized, but Local month rent. A job bank had only a few workers. The number of people apply- 100 of the Hotel Employees and Res- hotel positions, and none of them paid ing for benefits in the city have soared. taurant Employees Union, which rep- anywhere near the $25,000 that she Last month, an average of 12,745 people resents about 6,000 restaurant workers, earned at the Marriott last year. I do a week had applied. A year ago, that say that 10 percent of its membership not want to go for less money, she said. figure was merely 5,616 a week. A spe- lost jobs immediately after September But a changed job market raises huge cial program, Disaster Unemployment 11. About 200 of those, 600 have since challenges for the city at a time when Assistance, is supposed to help those found work, but not necessarily in res- hundreds of thousands of families have who are not eligible for unemployment taurants. ‘‘John Haynes has a short-term job at moved off the welfare rolls.’’ insurance because they work part-time Here is a welfare recipient who got a or they were self-employed before. the Immigrant Workers Assistance Al- job for $6 an hour. She worked up to $15 They are not eligible. But only 2,350 liance helping undocumented workers. an hour, and $15 an hour comes out to people are now getting those benefits.’’ Until September 11, he cooked meals $25,000 a year in her pay, so we are cer- In other words, out of the 12,745, only on the 106th floor of the World Trade tainly not talking about wealthy, well- 2,350 are getting those special disaster Center for the 250 employees of Win- to-do people. We are talking about peo- unemployment benefits in New York dows on the World. He said he earned $408 a week before taxes, about $25,400, ple who are working ever day, but get- State. and he lives in a public housing unit in ting very low pay. ‘‘Almost 25,000 people told the New Continuing the article: ‘‘The chang- York State Department of Labor that the Bronx.’’ Mr. Haynes is of course ing job market raises huge challenges they lost their jobs because of the quite happy that he escaped death, for the city at a time when hundreds of Trade Center disaster. The analysis first of all. ‘‘The tourism and travel drought has thousands of families have moved off said that the first 22,000 of these claims hit many businesses in Queens, accord- the welfare rolls. The most successful found that about 16 percent worked at ing to a new report by the Center for of these former welfare recipients, as bars and restaurants, 14 percent an Urban Future, a public policy group. well as many newcomers to the coun- worked in hotels, and 5 percent worked Airline workers, freight forwarders, try, found jobs at the hotels and res- in air transportation. Only 4 percent at truckers and limousine drivers are all taurants, as cleaners of office build- Wall Street brokerage firms.’’ And hurting.’’ And on and on it goes. ings, and as messengers in lower Man- many of them have been relocated to They also included in the same arti- hattan. Now that the economy has ex- some other place. They have fared the cle a chart which breaks out 10 occupa- ploded along with the World Trade Cen- best. tions that were most affected by events ter, their prospects of staying in the ‘‘The largest group of people, 21 per- of September 11, unemployed after the world of work have diminished, said cent, worked in a category called busi- attack. The occupation: waiters and David R. Jones, the President of the ness services. Many of these were tem- waitresses. The estimated layoffs were Community Service Society of New porary workers like Lisa Mendes, a sin- 4,225 as a result of September 11 events. York, which has been helping workers gle mother who lost her job as an ac- The average hourly wage of those wait- who lost their jobs after September 11. counting clerk on September 12. In resses and workers was $7.08 an hour. His group is recommending a govern- years past when one temporary job Cleaning and maintenance workers ment-financed jobs program, he said. ended, she could pick and choose about 3,365, have lost their jobs. Their Otherwise we will have people sitting among the offerings of the agencies. average wage was $14.90 an hour. Now there is just nothing there. Ms. on stoops, getting a little check and b doing nothing, he said.’’ Mendes is typical of the unemployed in 2015 That is David Jones of the Commu- another way: she lives in Brooklyn. Sales representatives (retail), 2,843. nity Service Society talking. He is The Labor Department analysis said Their average wage was $9.15 an hour; more optimistic than I am. Given wel- that almost 26 percent of the people food preparation, 2,284, and they made fare reform, there are a lot of these who said they were jobless because of $8.90 an hour; cashiers, 2,282 and $7.36 people who are very needy, desperately the twin towers collapsed lived in an hour they make; housekeeping needy, who will never get a welfare Brooklyn.’’ workers, 1,840, and $13.42 they make; check. They will never be sitting on a Brooklyn happens to be my home food preparation and fast food service, stoop doing nothing, because the way borough. The 11th Congressional Dis- 1,718 have been laid off, and $7.09 was the system operates now, you can al- trict is located in the center of Brook- their average wage; general managers most starve. Your family can go com- lyn. and top executives, 1,367 have lost their pletely mad before you get any help. ‘‘Twenty-four percent of the people jobs. Their average wage per hour was Continuing the article: ‘‘How many lived in Queens, 12 percent lived in the $51.34; sales supervisors, 1,183, and New Yorkers are unemployed is un- Bronx, and just 18 percent live in Man- $22.42 an hour; service supervisors, clear. In a government survey taken in hattan where most of the jobs are lo- about 1,070 have lost their jobs, and the week of September 11, which any- cated. Ms. Mendes, who is from Ja- they made $16.46.

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 21876 CONGRESSIONAL RECORD—HOUSE November 7, 2001 This chart is for ten occupations we’ll have people sitting on stoops, getting a $488.80 a week before taxes, or about $25,400 a most affected by the events of Sep- little check and doing nothing,’’ he said. year, and he lives in public housing in the tember 11. It appears in the New York How many New Yorkers are unemployed is Bronx. He does not think he will be able to go Times Tuesday, November 6. unclear. In a governmental survey taken in the week of Sept. 11, in which anymore who back into restaurant work, he says. ‘‘They I include for the RECORD the entire worked at all was counted as employed, are not hiring right now,’’ he said. ‘‘So I’m article. 223,100 people in New York City were looking going to go for job training, either in com- The article referred to is as follows: for work (after adjustments for seasonal fac- puters or photo imaging.’’ [From the New York Times, Nov. 6, 2001] tors). That was an increase of almost 20,000 The tourist and travel drought has hit many businesses in Queens, according to a ATTACKS HIT LOW-PAY JOBS THE HARDEST people in a month. The unemployment rate hit 6.3 percent. new report by the Center for an Urban Fu- MANY OF THE UNEMPLOYED WERE IN SERVICE ture, a public policy group. Airline workers, INDUSTRY The October survey will not be released for several weeks, but its results are included in freight forwarders, truckers and limousine (By Leslie Eaton and Edward Wyatt) federal figures, released Friday, that showed drivers are all hurting. Listen to Greg Buttle, who operates valet The terrorists who attacked the World a surge in national unemployment, which parking lots at the three major New York Trade Center may have been trying to crush rose by half a percentage point, to 5.4 per- area airports: You park at these lots and American capitalism and its masters of the cent. Unemployment insurance covers only workers will shuttle you to and from the ter- universe on Wall Street. But the economic about a third of unemployed workers, but minal for about $13 a day plus tax. (They will impact of the attack is felling a very dif- the number of people applying for benefits in also wash your car, change the oil, rotate or ferent group of people: cooks, cabdrivers, the city was has soared. In the last month, replace the tires, even pick up your dry sales clerks and seamstresses. an average of 12,745 people a week has ap- cleaning.) Before, he normally had more Workers in traditionally low-wage indus- plied; a year ago, that figure was 5,616. than 150 cars in the lots; now, there are tries, like restaurants and hotels, retailing A special program, Disaster Unemploy- and transportation, have been hit hard in the about 50, he said. ment Assistance, is supposed to help those Mr. Buttle said he employed 45 people be- fallout from Sept. 11, according to a new who are not eligible for unemployment in- analysis from the New York State Depart- fore Sept. 11; now he employs 30. ‘‘I tried to surance (usually because they worked part make sure that the part-timers who have ment of Labor. time or were self-employed). But only 2,350 And a report released yesterday by the come in most recently are the first ones to people are now getting those benefits. labor-backed Fiscal Policy Institute fore- go,’’ he said. ‘‘But some of our employees Almost 25,000 people told the New York casts that almost 80,000 people will have lost have worked for us for eight or nine years.’’ State Department of Labor that they lost their jobs by the end of the year and that 60 For more evidence of the spillover effect, their jobs because of the trade center dis- percent of these positions paid an average of look at Chinatown. Business has plunged at aster. An analysis of the first 22,000 of those $23,000 a year. That is far below the citywide many of the more than 200 sewing shops claims found that about 16 percent worked at average salary of roughly $58,000. below Houston Street and at least 20 went bars and restaurants, 14 percent worked at ‘‘The spillover effects hit the retail and out of business in October, said May Chen, a hotels and 5 percent worked in air transpor- service industries very hard in New York vice president of Unite, the garment work- tation. Only 4 percent worked at Wall Street City,’’ said James Parrott, the chief econo- ers’ union. At least a thousand of her 10,000 brokerage firms (many of which simply relo- mist for the institute. ‘‘And those tend to be members have lost their jobs as stores and cated workers to Midtown or New Jersey). lower-wage jobs.’’ clothing companies have canceled orders. The sudden decline in these jobs marks a The largest group of people—21 percent— Others are working reduced hours. Their job prospects are not good. ‘‘Because sea change in the economy since Sept. 11. worked in a category called business serv- of the language barrier, sewing is about the Earlier this year, while the job market was ices. Many of them were temporary workers, only skill they have,’’ said Susan Cowell, an- softening, the losses were concentrated like Lisa Mendes, a single mother who lost her job as an accounting clerk on Sept. 12. In other union official. among white-collar workers like dot-com Unite also represents workers at commer- programmers, stockbrokers and advertising years past, when one temporary job ended, she could pick and choose among the offer- cial laundries; because of the declines at executives. many restaurants, about 600 of these workers Now, they are concentrated among people ings at the agencies. Now, ‘‘there’s just noth- ing there,’’ she said. ‘‘It’s scary.’’ have also been laid off. like Kim Daily. A single mother of two, Ms. With the public’s attention riveted to the Daily worked her way up from a $6-an-hour- Ms. Mendes is typical of the unemployed in another way—she lives in Brooklyn. The sad stories of the dead and the heroism of job picking up room-service trays to a $15- the rescuers, some workers fear that their an-hour job stocking minibars at the World Labor Department analysis found that al- most 26 percent of those who said they were plights will be ignored. Trade Center Marriott. ‘‘No one wants to hear our stories,’’ said jobless because of the twin towers collapse When the hotel was destroyed on Sept. 11, Asmat M. Ali, a former captain at Windows live in Brooklyn; 24 percent live in Queens, so was her job. And she has not been able to on the World. ‘‘About a busboy or the dish- and 12 percent live in the Bronx. Just 18 per- find another one. washer making $250 a week and raising three cent live in Manhattan. It is not for lack of trying; she stood in kids in an apartment in the Bronx or Brook- But Ms. Mendes, who is from Jamaica, is line for four hours outside a city-sponsored lyn. But 80 percent of the people who worked luckier than many of the unemployed be- job fair but never even made it in the door. in the World Trade Center fell in that cat- cause she speaks English and can use a com- She has been talking to her union, but the egory.’’ only position available so far was so tip-de- puter. The Consortium for Worker Edu- cation, which runs a special program for peo- Mr. Speaker, I think this is a land- pendent that she worried it would not cover mark article which clearly sets forth her $700-a-month rent. A job bank had only a ple unemployed because of the disaster (and few hotel positions, and none paid anywhere has already counseled more than 3,200 of the basic thesis of my discussion: near the $25,000 she earned at the Marriott them) has 5,000 jobs in its special job bank. Working families in the struggle last year. ‘‘Most of them are back-office jobs, data against terrorism are suffering greatly ‘‘I don’t want to go for less money,’’ she entry, word processing, administrative as- already in New York City. said. sistants,’’ said Saul Rosen, associate execu- The domino effect of the World Trade The changed job market raises huge chal- tive director of the group. Center catastrophe and the declining lenges for the city at a time when hundreds Hotel and restaurant employment has been economy goes right across the whole of thousands of families have moved off the devastated by the destruction of the trade country. Workers in New York City are center and the steep drop in tourism that welfare rolls. The most successful of these not the only workers suffering. The former welfare recipients, as well as many followed. Most restaurants are not union- newcomers to this country, found jobs at ho- ized, but Local 100 of the Hotel Employees pattern that I have just set forth ap- tels and restaurants, as cleaners at office and Restaurant Employees Union, which rep- plies right across the country in the buildings and as messengers in Lower Man- resents about 6,000 restaurant workers, says big cities, and certainly places where hattan. that 10 percent of its membership lost jobs tourism was important, places where ‘‘Now that the economy has exploded along immediately after Sept. 11. About 200 of the service industries are important, with the World Trade Center, their prospects those 600 have since found work, but not nec- they are all suffering equally. These of staying in the world of work have dimin- essarily restaurant work. are the people who are vital to our win- John Haynes has a short-term job at the ished,’’ said David R. Jones, president of the ning the struggle against terrorism, to Community Service Society of New York, Immigrant Workers Assistance Alliance, which has been helping workers who lost helping undocumented workers. Until Sept. the saving of our civilization. They are their jobs after Sept. 11. 11, he cooked meals on the 106th floor of the suffering in a very direct way. We are His group is recommending a government- World Trade Center for the 250 employees of not responding in this Congress to that financed jobs program, he said. ‘‘Otherwise, Windows on the World. He said he earned suffering.

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21877 As I said before, we approved a bill gear the package heavily to helping OSHA. There was joy in the majority, for the airline industries, and at that workers who have lost their jobs, but great joy and celebration in taking time we would not approve a bill for some elements sought by labor were away labor standards and standards to the airline employees who were being trimmed back in the final hours, even assist the safety of working people, laid off in large numbers. We said we though the plan is still far superior to working families, members who have would do it next week. It is 3 weeks the one that came through the House. to go out and work every day in the later now, and we still have not done Democrats will be able to get the bill area of ergonomics. it. There seems to be no haste at all. through the closely divided Senate Fi- There was a set of standards that The airline employees, those who are nance Committee. Tomorrow it is ex- would have helped make the workplace unemployed, have been lumped with pected, but no Republican has signed far safer, less dangerous, and less de- the other unemployed now. What does onto the plan. It is even doubtful it bilitating for key people. On all meas- the Republican majority propose for could pass on the Senate floor unless it ures that relate to worker safety, we the other people who are unemployed? is agreed that they would not have a have tremendous opposition from the Piddling, very tiny amounts of money filibuster. Republican majority. I know because I were included in the stimulus package The House and Senate bills are al- am the ranking member of the Sub- that has already passed this House of most mirror opposites of each other. committee on WorkForce Protections. Representatives. The House bill devotes about 75 percent It is my job to deal with workforce pro- We passed the stimulus package in of its $99 billion first-year cost to busi- tections, and we have bill after bill and the House without any significant aid ness and individual tax cuts, while only effort after effort to cut down on the for the unemployed and for working about one-quarter of the $90 billion safety or the government’s protection families. The emphasis of the bill that Senate bill would reduce tax revenue. of the safety of workers. passed the House by the Republican The Senate plan also includes $20 bil- Now this monster has raised its ugly leadership, the Republican majority’s lion for additional spending on infra- head at ground zero in New York. At bill, which passed by a two-vote mar- structure and security. AFL President ground zero, we have a situation where gin, that bill places great emphasis on John Sweeney said that ‘‘Congress rescue workers and other people in the more tax cuts. took care of companies’’ with airline area are not being protected properly, We are going to have more tax cuts rescue legislation, and ‘‘they continued and we are going to have victims cre- because the ideologues say the tax cuts to lay off workers. Weeks have gone by ated unnecessarily. are necessary for investment. The and no action was taken and the unem- Because of the contempt for workers, ideologues say when we have tax cuts, ployment numbers rise. It’s about time the hostility towards working families, people invest, the investment creates they deal with the unfairness here.’’ nobody is paying attention to the need jobs, and it trickles down to people on One of the tax provisions, allowing for protective gear. Recently, accord- the bottom. companies to speed up depreciation of ing to an article that appeared in the But sometimes tax cuts are not in- newly-purchased assets, would cost Daily News on October 26, ‘‘A Federal vested, they are just hoarded. Some- States about $2 billion in revenue. With agency has slammed the city for not times tax cuts lead to people having State budgets already under pressure, taking steps to protect rescue workers money which they invest in other parts that could lead to layoffs of State from injuries immediately after the of the world where they get a higher workers, county workers, city workers. World Trade Center catastrophe. In a return on their investment. Taking We have contempt for the needs of sharply worded report, consultants for care of big business does not automati- the people on the very bottom at a the National Institute of Environ- cally lead to a benefit for people on the time when it is pretty clear that they mental Health Sciences said nearly bottom, and that has been shown again have to play a vital role in our war on 1,000 injuries, ranging from blisters and and again. terrorism. nausea to severe burns and fractures, The best way to help poor people, we I hope the message goes out and all could have been prevented if the city know from social services practices, of the Members of Congress who are lis- had made sure workers had basic safety nonprofit services practices, the best tening would understand the need to training and adequate equipment such way to help people is to put money in communicate with their working fami- as hard hats, and respirators.’’ their hands. Unemployed people need lies about the unfairness of this, and The report was dealing with very money. Unemployed people, people who about the fact that this Congress is basic, elementary kinds of things, but have working families, cannot save the being managed in a way in which it is beyond that, the report gets into the money. They need the money now. almost impossible to get up enough discussion of toxic chemicals and met- They will spend the money now. It will momentum to confront the party in als: ‘‘ ‘Toxic chemicals and metals are turn over in our economy. control. being released into the environment We recognize that the engine of cap- We spend a lot of time in recess. We around lower Manhattan by the col- italism is consumerism. Consumers spend a lot of time working back in the lapse of the World Trade Center towers make our economy go. Why do we hesi- district. There is a plot, a scheme to and by the fires that are still burning tate, then, to make provisions for peo- minimize the amount of time spent on at ground zero,’ according to internal ple who are the number one con- the floor of this House and people government reports. Dioxins, PCBs, sumers? The working families are our speaking in a way which might be benzene, lead, and chromium are number one consumers. It does not picked up by the general public, and among the toxic substances detected in make sense. certainly working families. the air and soil around the World Trade Ideologues, people trapped in a vision So the message has to be gotten out Center site by Environmental Protec- of the world which says, no, govern- there somehow that working families tion Agency equipment, sometimes at ment spending are always bad, tax cuts are being treated unfairly. Working levels far exceeding Federal levels, the are always good, they have their heads families have a vital role to play in the documents show.’’ This is a report in in the sand in a dangerous way. struggle against terrorism, and they the Daily News also on October 26, an So we are stalled. Fortunately, yes- are not being recognized for their full article by Juan Gonzalez. terday the other body unveiled an eco- worth. We demand that there be some ‘‘EPA monitoring devices have also nomic stimulus package that sets up a definite changes made. found considerable contaminants in the situation where we will have another On another area, working families Hudson River and in the water and opportunity maybe in the conference are being subjected to conditions which sediment, especially after it rains. Six to fight for the unemployed. are going to create more unnecessary weeks after the World Trade Center at- The other body’s plan was drafted in victims. We have a situation where we tack, benzene, a colorless liquid that close consultation with labor leaders opened this Congress this year with a evaporates quickly and can cause leu- who helped persuade key Senators to repeal of the ergonomics standards by kemia, bone marrow damage, and other

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 21878 CONGRESSIONAL RECORD—HOUSE November 7, 2001 diseases in long-term exposure, con- ments in cash. They have no form of They are promised $60 for an 8 hour shift, tinues to be released into the air in employment contracts. They know $90 if they work 12 hours, and the buildings plumes from the still burning fires at their employer only through a crew they clean include the offices of several city relatively high levels.’’ leader who hires them on a street cor- and federal agencies. But in interviews at On and on it goes to talk about the the hiring site this week, several laborers, ner. including some men and women freshly un- fact that the protective gear needed is Officials with a cleaning company, in employed from shops and delis near the trade not there. The highest level of benzene this case Milrose Services, Incor- center, said they had not seen a dime for recorded was on October 11, 58 times porated, of Freeport New York, the their work—some for a week, some for two. higher than OSHA’s permissible expo- usual racket in which certain people in One man, Gonzalo Carmona, opened his sure limit. Other kinds of extremes city government contract with people datebook and pointed to his nine days of have also occurred. outside the city, and these officials of work, starting on Oct. 1; by his calculations, Workers’ health and sometimes their this particular company say they are he was owed $780. A woman, Cecilia Linares, lives are at stake in this kind of situa- said she had worked for seven days straight; not responsible for hiring and paying when she asked about pay, the woman who tion because later on these kinds of ex- the laborers. They have the contract, posures lead to debilitating diseases hired her, whom she said she knew only by they are not responsible. her first name, Lumi, told her, ‘‘Tomorrow, and people die. b 2030 tomorrow, tomorrow.’’ We have a situation that has now Early Wednesday morning, Ms. Linares been revealed concerning the workers The company hired a subcontractor showed up again and looked, in vain, for the who worked on the spill at EXXON, the to do that. What is unusual here is the woman. EXXON Valdez oil spill in 1989, when setting. Ground zero has just been de- The complaints first surfaced when an or- an oil tanker ran aground and spilled stroyed in an act which is attributed to ganizer with the New York Committee for tremendous amounts of oil. The count illegal immigrants or undesirable im- Occupational Safety and Health went to the was 250,000 dead birds, 2,800 sea otters, migrants. They are hunting all over hiring line to talk to workers about safety 300 harbor seals. We know what the precautions; he heard an earful about how the country for undesirable immi- they were not being paid. animal count was, but only now are we grants, but the contractor brings in il- Yesterday morning, lawyers from the state beginning to understand that when 11 legal immigrants to do part of the attorney general’s office came and the work- million gallons of oil were spilled and cleaning work at the World Trade Cen- ers lodged their complaints. people from all over the country went ter, and of course, the people are so ‘‘They gave us very specific information out to clean it up, they became vic- crooked they do not even bother to pay about where they worked, what they were tims, also. the workers, and they make a mistake, promised, what they were paid, what they No one talks about the workers who and it becomes a matter in the paper. weren’t paid,’’ said Patricia Smith, the as- sistant attoney general in charge of the stood in the brown foam 18 hours a day, One of the workers was named who came back to their sleeping barges agency’s labor bureau, whose offices are Cecilia Ramirez, but what is important around the corner from the hiring site. with oil matted in their hair, ate sand- here, and I would like to submit this ‘‘We’ve talked to the employer, we are inves- wiches speckled with oil, steered boats entire article, is a documentation of tigating and, hopefully, we’ll be able to re- through a brown, hydrocarbon haze the utter contempt they have for a solve it.’’ that looked like the smog from hell, working class that would go outside on Officials with Milro Services said yester- and after the summer, some found a critical matter like cleanup work day that they were surprised and dismayed themselves with oil traces in their around ground zero and get illegal im- to learn of the charges. But they said hiring lungs, in their blood cells, in the fatty and paying the day laborers was not the migrants and bring them into New company’s responsibility, but that of a su- tissue of their buttocks. York City while other people are look- They got treated for headaches, nau- pervisor, Lumi Morel, who was acting as a ing for work and these kinds of jobs. sea, chemical burns, and breathing subcontractor. I will include this article that ap- ‘‘I don’t like that this is happening, if it is problems and went home, but some peared in the New York Times on Octo- happening,’’ said Tom Milici, the vice presi- never got well. ber 19th in the RECORD. dent of Milro. But, he added, ‘‘that’s out of The story appears in another news- my hands.’’ [From the New York Times, Oct. 19, 2001] paper that this goes on and on, and Late yesterday afternoon, Ms. Morel, many years later workers are suffering DAY LABORERS AT GROUND ZERO SAY THEY reached by telephone, said she had been de- dramatically, and some people are ARE NOT BEING PAID layed in paying the workers because of pa- dying as a result of not paying atten- (By Somini Sengupta) perwork. She said that she owed money to tion to the health of the workers. The state attorney general’s office is inves- about 80 workers, and that she planned to Another way the workers are being tigating complaints that day laborers hired pay them by today. treated in a hostile and contemptuous to clear debris from office buildings sur- Continuing in the same vein, sud- manner relates to the contracting rounding the site of the World Trade Center denly beyond September 11 we had the process at ground zero. We started off have not been paid, some of them for up to crisis of anthrax. Anthrax is a very two weeks of work. deadly substance, as we all know. I on the wrong foot. There was an article The complaints here are hardly unusual. in the New York Times on October 19 Day laborers are frequently illegal immi- need not waste the time here to repeat which talks about the fact that they grants who are promised payment in cash. what the Centers for Disease Control were employing people who were not They have no formal employment contracts, and the numerous press conferences being paid. Day laborers at ground zero and they know their employer only through over the last 2 weeks have told us say they are not being paid. The story a crew leader who hires them on a street cor- about anthrax. We vacated the House as it goes here shows that illegal immi- ner. of Representatives because of the an- Officials with the cleaning company in this grants were brought in by a contractor thrax possibilities, the scare. There is a case, Milro Services Inc., of Freeport, N.Y., Senate building which still remains va- from outside the city and they were say they are not responsible for hiring and not even bothering to pay the people paying laborers; the company hired a sub- cant, the Hart Building, because of the who were working at very low wages. contractor to do that. (Late yesterday after- anthrax scare. The treatment of workers in this sit- noon, the subcontractor said she was making What happened when it was discov- uation amounts to a lockout of legiti- arrangements to pay the workers.) ered in the post office where working mate workers who live in New York. What is unusual here is the setting. In this people work? What happened when it New York has a high unemployment case, the day laborers are at the center of was clear that there was a danger to rate. A few minutes ago, I said it is the mammoth cleanup effort in Lower Man- workers? We have two deaths, postal hattan. By 8 a.m. each morning, they are workers, two deaths that I consider to presently at 6.3 percent for adults. Yet, lined up, 100 deep, on the corner of Broadway most of these workers were brought in and Fulton Street for a day’s work. Escorted be totally unnecessary. If we had acted from outside the city. past barricades by police officers, they clear faster, if information had moved faster, Day laborers are frequently illegal shards of glass, wipe soot off desks and sweep if the people in charge of combating immigrants who are promised pay- floors covered with ash and debris. the anthrax problem had moved faster,

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 November 7, 2001 CONGRESSIONAL RECORD—HOUSE 21879 with more purpose, these two men families when we allow that kind of tend their remarks and include extra- would not be dead, in my opinion. system to take place. When decisions neous material:) I think triage was practiced. The in- are made, triage decisions, some people Mr. SMITH of Michigan, for 5 minutes, tention was focused on the important are more important than others. today. people. We have Congressmen, Senators It is important we go forward with a Mr. COLLINS, for 5 minutes, November on Capitol Hill, and given the fact that health care system that serves every- 8. we were not prepared, we have limited body. That health care system would (The following Members (at their own people who know how to handle this certainly be ready for any kind of bio- request) to revise and extend their re- problem, which is most unfortunate terrorism in the future, and workers’ marks and include extraneous mate- and a little unforgivable because an- families would be treated in the same rial:) thrax has been a clearly recognized manner as any other families. There Mr. ISSA, for 5 minutes, today. problem since the Gulf War. They even, would be no priority set for anybody. Mr. STEARNS, for 5 minutes, today. at one point, ordered all members of Everyone would have the same service. f the Army to be vaccinated against an- I conclude by saying that working thrax. families in the struggle against ter- ADJOURNMENT If we became worried about anthrax rorism are as important as any other Mr. OWENS. Mr. Speaker, I move during the Gulf War and we have had a component. They may be the most im- that the House do now adjourn. situation where at one point all the portant component in our struggle The motion was agreed to; accord- members of the Army were ordered to against terrorism. ingly (at 8 o’clock and 36 minutes be vaccinated against anthrax, why is f p.m.), the House adjourned until to- there so little expertise in the country MESSAGE FROM THE SENATE morrow, Thursday, November 8, 2001, at when an anthrax outbreak occurs in 10 a.m. A message from the Senate by Mr. Washington, so little expertise that we f do not have enough to take care of the Monahan, one of its clerks, announced situation at the post office, at the that the Senate has passed with an EXECUTIVE COMMUNICATIONS, same time we take care of the situa- amendment in which the concurrence ETC. of the House is requested, a bill of the tion on the Hill in Senate and House Under clause 8 of rule XII, executive House of the following title: buildings? They did not move fast communications were taken from the H.R. 2944. An act making appropriations enough. Information did not flow fast Speaker’s table and referred as follows: enough. for the government of the District of Colum- bia and other activities chargeable in whole 4527. A letter from the Principal Deputy Our hospital system has been under Associate Administrator, Environmental pressure for the last 20 years and cer- or in part against the revenues of said Dis- trict for the fiscal year ending September 30, Protection Agency, transmitting the Agen- tainly will see no relief because of the 2002, and for other purposes. cy’s final rule—Approval and Promulgation ideologues in this Congress who insist The message was announced that the of State Plans for Designated Facilities; that we continue to cut local facilities, Puerto Rico [Region II Docket No. PR6–233a, Senate insist, upon its amendment to FRL–7093–9] received October 26, 2001, pursu- hospital facilities unnecessarily. Of the bill (H.R. 2944) entitled ‘‘An Act course, in the Washington, D.C., area ant to 5 U.S.C. 801(a)(1)(A); to the Committee making appropriations for the govern- on Energy and Commerce. they closed down D.C. General Hos- ment of the District of Columbia and 4528. A letter from the Principal Deputy pital. other activities chargeable in whole or Associate Administrator, Environmental We watched the spectacle of two in part against the revenues of said Protection Agency, transmitting the Agen- postmen who went to a hospital and be- District for the fiscal year ending Sep- cy’s final rule—Approval and Promulgation cause the hospital was so badly in- of Air Quality Implementation Plans; Mary- tember 30, 2002, and for other pur- formed, because of their own pressures, land; One-Hour Ozone Attainment Dem- poses,’’ requests a conference with the they were turned away, and when they onstration for Philadelphia—Wilmington— House on the disagreeing votes of the went back the next day, they were al- Trenton Ozone Nonattainment Area [MD– two Houses thereon, and appoints Ms. ready dying. Here is a triage setup, and 074–3085; FRL–7089–1] received October 26, LANDRIEU, Mr. DURBIN, Mr. REED, Mr. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the here is a setup which flows out of the INOUYE, Mr. DEWINE, Mrs. HUTCHISON, Committee on Energy and Commerce. inadequacy of our basic health system. and Mr. STEVENS, to be the conferees 4529. A letter from the Principal Deputy We should have a health system on the part of the Senate. Associate Administrator, Environmental which is not just prepared to combat Protection Agency, transmitting the Agen- f terrorism, but one that makes certain cy’s final rule—Approval and Promulgation everybody gets equal and rapid treat- SPECIAL ORDERS GRANTED of Air Quality Implementation Plans; Dela- ware; Post-1996 Rate-of-Progress Plans and ment. It did not happen. Joseph P. By unanimous consent, permission to Curseen is dead as a result. Thomas One-Hour Ozone Attainment Demonstration address the House, following the legis- for the Philadelphia—Wilmington—Trenton Lee Morris is dead as a result. lative program and any special orders Ozone Nonattainment Area [DE–1033; FRL– Then we have the spectacle of the heretofore entered, was granted to: 7089–3] received October 26, 2001, pursuant to D.C. General Hospital being used as a (The following Members (at the re- 5 U.S.C. 801(a)(1)(A); to the Committee on major headquarters for the process of quest of Ms. KAPTUR) to revise and ex- Energy and Commerce. dispensing the antibiotic and giving tend their remarks and include extra- 4530. A letter from the Principal Deputy out information. D.C. General Hospital Associate Administrator, Environmental neous material:) Protection Agency, transmitting the Agen- has been closed. The same economic Mr. BROWN of Ohio, for 5 minutes, forces, the same pitch on our health cy’s final rule—Approval and Promulgation today. of Implementation Plans; Texas; Control of care facilities that has gone on Ms. KAPTUR, for 5 minutes, today. Air Pollution for Volatile Organic Com- throughout the country has forced the Ms. NORTON, for 5 minutes, today. pounds, Solvent Using Processes, Surface closure of D.C. General Hospital. But Mr. DEFAZIO, for 5 minutes, today. Coating Processes, Aerospace Manufacturing because there was no other place, the Mr. LIPINSKI, for 5 minutes, today. and Rework Operations [TX–129–1–7471a; emergency center had to be set up at Ms. MCKINNEY, for 5 minutes, today. FRL–7091–3] received October 26, 2001, pursu- the D.C. General Hospital. The working Mr. STUPAK, for 5 minutes, today. ant to 5 U.S.C. 801(a)(1)(A); to the Committee class had to do with a closed hospital, Ms. MILLENDER-MCDONALD, for 5 min- on Energy and Commerce. a jerry-built situation to take care of a utes, today. 4531. A letter from the Principal Deputy Associate Administrator, Environmental major problem. Mr. ALLEN, for 5 minutes, today. Protection Agency, transmitting the Agen- Joseph P. Curseen is dead. Thomas Mr. KUCINICH, for 5 minutes, today. cy’s final rule—Approval and Promulgation Lee Morris is dead. They were postal Mrs. CLAYTON, for 5 minutes, today. of Implementation Plans; Texas; Control of workers at the bottom of the heap, and (The following Members (at the re- Emissions of Nitrogen Oxides From Sta- we are not taking care of our working quest of Mr. STEARNS) to revise and ex- tionary Sources in the Houston/Galveston

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.001 H07NO1 21880 CONGRESSIONAL RECORD—HOUSE November 7, 2001

Ozone Nonattainment Area [TX–134–8–7532; to accompany the bill (H.R. 2620) making ap- FROST, Ms. ROS-LEHTINEN, Mr. FARR FRL–7092–7] received October 26, 2001, pursu- propriations for the Departments of Vet- of California, Ms. LOFGREN, Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee erans Affairs and Housing and Urban Devel- UDALL of Colorado, Mr. CALVERT, Mr. on Energy and Commerce. opment and for sundry independent agencies, PLATTS, Mr. HONDA, Mr. WALSH, Mr. 4532. A letter from the Principal Deputy boards, commissions, corporations, and of- FILNER, Mr. MEEHAN, Ms. MCKINNEY, Associate Administrator, Environmental fices for the fiscal year ending September 30, Mrs. MCCARTHY of New York, Mr. Protection Agency, transmitting the Agen- 2002 (Rept. 107–273). Referred to the House ACKERMAN, Mrs. CAPITO, Mr. JONES of cy’s final rule—Approval and Promulgation Calendar. North Carolina, Mr. CANNON, Mr. of Implementation Plans; Texas; Lawn Serv- f WYNN, Mr. BALDACCI, Mr. ACEVEDO- ice Equipment Operating Restrictions; and VILA, Mr. SIMMONS, Mr. OSBORNE, Mr. Requirements for Motor Vehicle Idling for PUBLIC BILLS AND RESOLUTIONS GONZALEZ, Ms. KAPTUR, Ms. EDDIE the Houston/Galveston (HG) Ozone Non- Under clause 2 of rule XII, public BERNICE JOHNSON of Texas, Ms. HART, attainment Area [TX–133–1–7493; FRL–7092–8] bills and resolutions were introduced Mr. NADLER, Mr. KING, Mr. KILDEE, received October 26, 2001, pursuant to 5 and severally referred, as follows: Mr. FATTAH, Mr. COBLE, Ms. ESHOO, U.S.C. 801(a)(1)(A); to the Committee on En- Ms. SOLIS, Mr. DAVIS of Illinois, Mr. By Mr. SMITH of New Jersey (for him- ergy and Commerce. MORAN of Virginia, Mr. KIRK, Mr. self, Mr. EVANS, Mr. SIMPSON, Mr. 4533. A letter from the Principal Deputy ISSA, Mr. CLAY, Mr. HILLIARD, Mr. REYES, Mr. STUMP, Mr. FILNER, Mr. Associate Administrator, Environmental SHAYS, Mrs. MINK of Hawaii, Ms. KIL- BILIRAKIS, Mr. GUTIERREZ, Mr. Protection Agency, transmitting the Agen- PATRICK, Mr. HOYER, Mr. CONDIT, Mr. BUYER, Ms. BROWN of Florida, Mr. cy’s final rule—Approval and Promulgation RADANOVICH, Mr. BACA, Mr. GREEN- MCKEON, Ms. CARSON of Indiana, Mr. of Implementation Plans; Texas; Houston/ WOOD, Mr. MCDERMOTT, Mr. SMITH of BAKER, Mr. RODRIGUEZ, Mr. SIMMONS, Galveston Ozone Nonattainment Area Vehi- Washington, Mr. HORN, Mr. MENEN- Mr. SHOWS, Mr. BROWN of South Caro- cle Miles Traveled Offset Plan [TX–28–1–7538; DEZ, Ms. BERKLEY, Mr. BAIRD, Mr. LI- lina, Ms. BERKLEY, Mr. UDALL of New FRL–7092–4] received October 26, 2001, pursu- PINSKI, Mrs. BONO, Mr. BERMAN, Ms. Mexico, Mr. POMEROY, Mr. SANDERS, ant to 5 U.S.C. 801(a)(1)(A); to the Committee PELOSI, Mr. SKEEN, Mr. QUINN, Mr. Ms. LEE, Ms. SLAUGHTER, Mrs. JOHN- on Energy and Commerce. SWEENEY, Mr. BONIOR, Mr. GEKAS, SON of Connecticut, Mrs. THURMAN, 4534. A letter from the Principal Deputy Mr. TAYLOR of Mississippi, Mr. Mr. GRAHAM, Mr. BOEHNER, Mr. PICK- Associate Administrator, Environmental FOSSELLA, Mr. TERRY, Mr. ERING, Mr. PASCRELL, Mr. HOLDEN, Protection Agency, transmitting the Agen- FALEOMAVAEGA, Mrs. LOWEY, Mr. Mr. DOYLE, Mr. EDWARDS, and Mr. cy’s final rule—Approval and Promulgation WAMP, Mr. GIBBONS, Mr. FLETCHER, ABERCROMBIE): of Air Quality State Implementation Plans Mr. RUSH, Mrs. KELLY, Mr. BOEH- H.R. 3240. A bill to amend 38, United States (SIP); Texas: Low Emission Diesel Fuel [TX– LERT, Mr. WEINER, Mr. RANGEL, Mr. Code, to restore certain education benefits of 134–5–7509; FRL–7091–5] received October 26, UDALL of New Mexico, Mr. CARSON of individuals being ordered to active duty as 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Oklahoma, Mr. KENNEDY of Min- part of Operation Enduring Freedom; to the Committee on Energy and Commerce. nesota, Mr. CAMP, Mr. ROGERS of Committee on Veterans’ Affairs, and in addi- 4535. A letter from the Assistant Secretary Kentucky, Ms. SLAUGHTER, Mr. tion to the Committee on Armed Services, for Legislative Affairs, Department of State, PHELPS, Mr. HOUGHTON, Ms. for a period to be subsequently determined transmitting certification of a proposed li- SCHAKOWSKY, Mr. LAFALCE, Mr. by the Speaker, in each case for consider- cense for the export of defense articles or de- MCHUGH, and Mr. SOUDER): fense services sold commercially under a ation of such provisions as fall within the ju- H.R. 3244. A bill to require the Secretary of contract to Canada [Transmittal No. DTC risdiction of the committee concerned. the Treasury to mint coins in commemora- 136–01], pursuant to 22 U.S.C. 2776(c); to the By Mr. ACEVEDO-VILA: tion of the Spirit of America and to establish Committee on International Relations. H.R. 3241. A bill to extend the benefits of the Victims of September 11th Fund; to the 4536. A letter from the Assistant Secretary the weatherization assistance program under Committee on Financial Services. for Legislative Affairs, Department of State, part A of title IV of the Energy Conservation By Mr. GOSS: transmitting certification of a proposed li- and Production Act to Puerto Rico; to the H.R. 3245. A bill to provide for an addi- cense for the export of defense articles or de- Committee on Energy and Commerce. tional district judge for the middle district fense services sold commercially under a By Mr. BLAGOJEVICH: of Florida; to the Committee on the Judici- H.R. 3242. A bill to ensure that the United contract to Norway [Transmittal No. DTC ary. States is prepared for an attack using bio- 121–01], pursuant to 22 U.S.C. 2776(c); to the By Mr. GREENWOOD (for himself, Mr. logical or chemical weapons; to the Com- Committee on International Relations. LEWIS of Georgia, Mr. CARDIN, Mr. mittee on Energy and Commerce, and in ad- 4537. A letter from the Assistant Secretary TOM DAVIS of Virginia, Mr. BUYER, dition to the Committees on Agriculture, the for Legislative Affairs, Department of State, Mr. BARTON of Texas, Mr. DEAL of Judiciary, and Science, for a period to be transmitting certification of a proposed li- Georgia, Mr. BOUCHER, Mr. subsequently determined by the Speaker, in cense for the export of defense articles or de- WHITFIELD, and Mr. COLLINS): each case for consideration of such provi- fense services sold commercially under a H.R. 3246. A bill to amend title XVIII of the sions as fall within the jurisdiction of the contract to Japan [Transmittal No. DTC 119– Social Security Act to provide for coverage committee concerned. under the Medicare Program of oral drugs to 01], pursuant to 22 U.S.C. 2776(c); to the Com- By Mr. EDWARDS: mittee on International Relations. reduce serum phosphate levels in patients H.R. 3243. A bill to prohibit late-term abor- with end-stage renal disease; to the Com- 4538. A communication from the President tions; to the Committee on Energy and Com- of the United States, transmitting a report mittee on Energy and Commerce, and in ad- merce. dition to the Committee on Ways and Means, on the temporary and permanent U.S. mili- By Mr. ENGEL (for himself, Mr. WATTS tary personnel and U.S. civilians retained as for a period to be subsequently determined of Oklahoma, Mrs. ROUKEMA, Mr. by the Speaker, in each case for consider- contractors in Colombia involved in sup- STEARNS, Mrs. MORELLA, Mr. JACK- porting Plan Colombia; to the Committee on ation of such provisions as fall within the ju- SON of Illinois, Mr. JEFFERSON, Mr. risdiction of the committee concerned. International Relations. HINCHEY, Mr. SERRANO, Mr. LARSEN 4539. A letter from the Director, Congres- By Mr. HILLIARD: of Washington, Mr. LATOURETTE, Mr. H.R. 3247. A bill to terminate all unilateral sional Budget Office, transmitting notifica- PALLONE, Mr. CUNNINGHAM, Mr. POM- tion on the growth of real gross national United States sanctions against foreign EROY, Mr. JOHNSON of Illinois, Ms. countries or entities, and for other purposes; product during the third quarter of 2001, pur- LEE, Ms. MILLENDER-MCDONALD, Mr. to the Committee on International Rela- suant to 2 U.S.C. 904(j); (H. Doc. No. 107–144); DICKS, Mr. PASCRELL, Mr. TOWNS, Mr. tions. jointly to the Committees on the Budget and REYNOLDS, Mr. SANDLIN, Mrs. THUR- By Mr. HOLT (for himself, Mr. AN- Rules, and ordered to be printed. MAN, Mrs. CAPPS, Mr. MCGOVERN, DREWS, Mr. FERGUSON, Mr. FRELING- f Mrs. CLAYTON, Mrs. MALONEY of New HUYSEN, Mr. LOBIONDO, Mr. MENEN- REPORTS OF COMMITTEES ON York, Mr. LOBIONDO, Mr. CALLAHAN, DEZ, Mr. PALLONE, Mr. PASCRELL, Mr. PUBLIC BILLS AND RESOLUTIONS Mr. TIBERI, Mr. VISCLOSKY, Mr. PAYNE, Mr. ROTHMAN, Mrs. ROUKEMA, Under clause 2 of rule XIII, reports of GALLEGLY, Mr. STUMP, Mr. BOUCHER, Mr. SAXTON, and Mr. SMITH of New Mr. SHOWS, Mr. OWENS, Mr. DEFAZIO, committees were delivered to the Clerk Jersey): Ms. VELA´ ZQUEZ, Mr. GILMAN, Mr. H.R. 3248. A bill to designate the facility of for printing and reference to the proper WOLF, Mr. GRUCCI, Mr. ISRAEL, Mr. the United States Postal Service located at calendar, as follows: HAYWORTH, Mr. MASCARA, Mrs. 65 North Main Street in Cranbury, New Jer- Ms. PRYCE of Ohio: Committee on Rules. MYRICK, Mr. BALLENGER, Mr. CROW- sey, as the ‘‘Todd Beamer Post Office Build- House Resolution 279. Resolution waiving LEY, Mr. MCNULTY, Mr. COSTELLO, ing’’; to the Committee on Government Re- points of order against the conference report Mr. KENNEDY of Rhode Island, Mr. form.

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By Mr. STUPAK: stantial education, health, and relief serv- H.R. 2709: Ms. PRYCE of Ohio. H.R. 3249. A bill to amend the Internal Rev- ices during a time of humanitarian crisis in H.R. 2722: Mr. SCHIFF, Mr. DOYLE, Mr. FIL- enue Code of 1986 to allow distilled spirits to Afghanistan and in Afghan refugee areas in NER, Ms. MILLENDER-MCDONALD, Mr. WATT of be produced in dwelling houses, other con- neighboring countries, and for the inclusion North Carolina, Mr. CLEMENT, Mr. SANDERS, nected structures, and certain other prem- of women in any new government established Mr. KILDEE, and Mr. LIPINSKI. ises; to the Committee on Ways and Means. in that nation; to the Committee on Inter- H.R. 2777: Mr. STARK, Ms. LOFGREN, Mr. By Mr. THUNE: national Relations. BENTSEN, and Ms. HARMAN. H.R. 3250. A bill to authorize the President f H.R. 2794: Mr. HALL of Texas. to present a gold medal on behalf of Congress H.R. 2887: Mr. CAPUANO. to the Sioux Indians who served as Sioux MEMORIALS H.R. 2897: Mr. WU. Code Talkers during World War II in recogni- Under clause 3 of rule XII, memorials H.R. 2946: Mr. BONIOR. tion of their service to the Nation; to the were presented and referred as follows: H.R. 2949: Mrs. CAPPS, Mr. BLUMENAUER, Committee on Financial Services. Ms. ROYBAL-ALLARD, Ms. WOOLSEY, Mr. 205. The SPEAKER presented a memorial By Ms. MILLENDER-MCDONALD: DAVIS of Florida, Mr. SCHIFF, Ms. SA´ NCHEZ, of the Senate of the Commonwealth of Penn- H.R. 3251. A bill to amend title 39, United Mrs. MALONEY of New York, Mr. LEWIS of sylvania, relative to Senate Resolution No. States Code, to provide, for a limited emer- Georgia, Ms. MCCOLLUM, Ms. ESHOO, Mr. WU, 109 memorializing the United States Con- gency period, that the payment of a bill, in- Mrs. DAVIS of California, Mr. CARSON of gress that the Commonwealth commends and voice, or statement of account due, if made Oklahoma, Mr. WEINER, Mr. BAIRD, Mr. supports the President of the United States by mail, shall be considered to have been HOUGHTON, Mr. BROWN of Ohio, Mr. DOGGETT, as the Commander-in-Chief of our Armed made on the date as of which the envelope Mr. STICKLAND, Mr. HINOJOSA, Mr. EVANS, Services and sends its support, prayers and which is used to transmit such payment is Ms. WATERS, Mr. INSLEE, Mrs. CLAYTON, Mr. gratitude to all our military service per- postmarked; to the Committee on Govern- PHELPS, Ms. SCHAKOWSKY, Mrs. CHRISTENSEN, sonnel as they undertake the difficult tasks ment Reform. Mr. OBERSTAR, Mr. PASTOR, Mr. NADLER, Mr. that may lie ahead; to the Committee on By Mr. SAM JOHNSON of Texas (for WATT of North Carolina, Mr. GEORGE MILLER himself, Mr. MATSUI, and Mr. REG- Armed Services. 206. Also, a memorial of the Senate of the of California, Mr. ROTHMAN, Mr. CONDIT, Mr. ULA): BONIOR, Mr. OSE, Mr. ENGEL, Mr. UDALL of H.J. Res. 73. A joint resolution providing Commonwealth of Pennsylvania, relative to New Mexico, Mrs. LOWEY, Mr. ABERCROMBIE, for the appointment of Patricia Q. Stonesifer Senate Resolution No. 107 memorializing the Mr. BALDACCI, Mr. DEUTSCH, Ms. DEGETTE, as a citizen regent of the Board of Regents of United States Congress to commemorate Mr. SHERMAN, Mr. ETHERIDGE, Mr. SPRATT, the Smithsonian Institution; to the Com- every September 11 as a day of mourning and Mr. EDWARDS, Mr. TAYLOR of Mississippi, Ms. mittee on House Administration. remembrance; jointly to the Committees on RIVERS, Mr. LUTHER, Mr. KIND, Mr. SMITH of By Mr. LANTOS (for himself, Mr. International Relations and Government Re- Washington, Mr. LARSEN of Washington, Ms. HYDE, Mr. ACKERMAN, Mr. GILMAN, form. VELA´ ZQUEZ, Ms. HARMAN, Mr. OWENS, Ms. Mr. GEPHARDT, Mr. MCDERMOTT, Mr. f MCKINNEY, Mr. DELAHUNT, Mrs. TAUSCHER, ROYCE, Ms. PELOSI, Mrs. LOWEY, Mr. Mr. FRANK, Mrs. JOHNSON of Connecticut, KNOLLENBERG, Mr. VISCLOSKY, Ms. ADDITIONAL SPONSORS Mr. ISSA, Mr. CALLAHAN, Mrs. CUBIN, Mr. SCHAKOWSKY, Mr. ENGEL, Mr. Under clause 7 of rule XII, sponsors HOBSON, Ms. PELOSI, and Mr. KENNEDY of EXLER, Mr. LEVIN, Mr. DAVIS of W were added to public bills and resolu- Rhode Island. Florida, Mrs. MALONEY of New York, tions as follows: H.R. 2980: Mr. ENGLISH and Mr. CLEMENT. Mr. FALEOMAVAEGA, Mr. BERMAN, Ms. H.R. 122: Mr. UPTON. H.R. 3007: Mr. MATHESON, Mr. TIERNEY, and LEE, Mr. ABERCROMBIE, Mr. HOLT, Mr. H.R. 162: Mr. GUTIERREZ and Mr. Mr. SHOWS. LAMPSON, Mr. HILLIARD, Ms. BERK- FALEOMAVAEGA. H.R. 3014: Mr. BRADY of Pennsylvania, Mr. LEY, Mrs. MCCARTHY of New York, H.R. 633: Mr. UDALL of New Mexico. MCGOVERN, Ms. BALDWIN, and Mr. BERRY. Mr. STEARNS, Mr. HASTINGS of Flor- H.R. 883: Mr. HAYWORTH, Mr. REYNOLDS, H.R. 3038: Mr. SHUSTER and Mr. PITTS. ida, Ms. ROYBAL-ALLARD, Mrs. Mr. MCHUGH, Mr. STENHOLM, and Mr. KERNS. H.R. 3077: Mr. TANNER and Mr. GREEN of MORELLA, Mr. KILDEE, Mr. DOYLE, H.R. 902: Mr. MOLLOHAN. Wisconsin. Mr. SAXTON, Ms. HOOLEY of Oregon, H.R. 959: Mrs. BONO. H.R. 3088: Mr. CASTLE and Mr. SWEENEY. Mr. MEEKS of New York, Mr. BAIRD, H.R. 981: Mr. PENCE. H.R. 3109: Mr. LOBIONDO and Mrs. MCCAR- Mr. HORN, Mr. CROWLEY, Mr. KIRK, H.R. 1155: Mr. HANSEN. THY of New York. Mr. CAPUANO, Mr. UDALL of Colorado, H.R. 1187: Mr. LANGEVIN and Mr. SHERMAN. H.R. 3143: Mr. GILMAN and Mr. MCHUGH. Mr. SCHIFF, Mr. MCNULTY, and Mr. H.R. 1194: Mr. PETERSON of Minnesota. H.R. 3209: Mr. HEFLEY. PALLONE): H. Con. Res. 264. Concurrent resolution ex- H.R. 1198: Mr. MCHUGH. H.R. 3212: Mr. NADLER. ´ pressing the sense of Congress to welcome H.R. 1434: Mr. RAMSTAD. H.R. 3213: Ms. VELAZQUEZ and Mr. GON- the Prime Minister of India, Atal Bihari H.R. 1556: Mr. MORAN of Kansas. ZALEZ. Vajpayee, on the occasion of his visit to the H.R. 1733: Mr. CAPUANO and Mr. ABER- H.R. 3221: Mr. SESSIONS, Mr. LIPINSKI, and United States, and to affirm that India is a CROMBIE. Mr. DEAL of Georgia. valued friend and partner and an important H.R. 1798: Mr. CAPUANO. H.R. 3230: Mr. DEMINT. ally in the campaign against international H.R. 1928: Mr. ABERCROMBIE. H.R. 3238: Ms. WOOLSEY. terrorism; to the Committee on Inter- H.R. 1948: Mr. PAYNE. H.J. Res. 40: Mr. GEPHARDT. national Relations. H.R. 2099: Mr. DICKS, Mr. LARSEN of Wash- H.J. Res. 66: Mr. SCHAFFER. By Mr. WYNN: ington, Mr. SMITH of Washington, Mr. WU, H. Con. Res. 232: Mr. BACA and Mr. H. Con. Res. 265. Concurrent resolution ex- and Ms. HOOLEY of Oregon. SCHROCK. pressing appreciation to Turkey for offering H.R. 2163: Mr. MANZULLO. H. Con. Res. 240: Mr. GEORGE MILLER of to provide special forces in support of Oper- H.R. 2166: Mr. SOLIS. California. ation Enduring Freedom; to the Committee H.R. 2219: Ms. PRYCE of Ohio. H. Con. Res. 250: Mr. DAVIS of Florida, Mr. on International Relations. H.R. 2220: Mr. GEORGE MILLER of Cali- SABO, Mr. KIND, Mr. DUNCAN, Mrs. MORELLA, By Mr. FROST: fornia. Mr. LANGEVIN, Mr. BACA, Mr. H. Res. 278. A resolution designating mi- H.R. 2375: Mr. BERMAN. FALEOMAVAEGA, and Mr. KUCINICH. nority membership on certain standing com- H.R. 2377: Mr. DEUTSCH. H. Con. Res. 260: Mr. MEEKS of New York, mittees of the House; considered and agreed H.R. 2457: Mr. MCINTYRE. Mr. OWENS, Mr. PAYNE, Mr. HILLIARD, Ms. to. H.R. 2484: Mr. GILMAN, Mr. FRANK, Mr. MCKINNEY, Mr. RUSH, Mr. DAVIS of Illinois, By Mr. LAFALCE: ABERCROMBIE, Ms. KAPTUR, Mr. LARSON of Ms. KAPTUR, and Ms. BROWN of Florida. H. Res. 280. A resolution recognizing the Connecticut, Mr. PRICE of North Carolina, H. Res. 235: Mr. DIAZ-BALART. commencement of Ramadan, the Islamic Mr. WATT of North Carolina, Mr. WYNN, and holy month of fasting and spiritual renewal, Mr. FLETCHER. f and commending Muslims in the United H.R. 2527: Mr. KUCINICH, Mr. LAHOOD, and States and throughout the world for their Mr. HINCHEY. DELETIONS OF SPONSORS FROM faith; to the Committee on International Re- H.R. 2546: Mr. FERGUSON. PUBLIC BILLS AND RESOLUTIONS lations. H.R. 2555: Mr. HONDA and Mrs. MINK of Ha- By Ms. SLAUGHTER (for herself and waii. Under clause 7 of rule XII, sponsors Ms. ROS-LEHTINEN): H.R. 2610: Mr. DUNCAN, Mr. ANDREWS, Mr. were deleted from public bills and reso- H. Res. 281. A resolution commending and PICKERING, and Mr. PAYNE. lutions as follows: urging increased support for organizations H.R. 2638: Mr. DOYLE. H.R. 2149: Mr. DICKS. led by Afghan women that are providing sub- H.R. 2669: Mr. UDALL of New Mexico. H.R. 2180: Mr. HILLIARD.

VerDate Aug 04 2004 08:50 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR01\H07NO1.002 H07NO1 21882 CONGRESSIONAL RECORD—SENATE November 7, 2001 Senate—Wednesday, November 7, 2001

The Senate met at 10 a.m. and was RECOGNITION OF THE ACTING A bill (H.R. 2944) making appropriations called to order by the Honorable BILL MAJORITY LEADER for the government of the District of Colum- bia and other activities chargeable in whole NELSON, a Senator from the State of The ACTING PRESIDENT pro tem- Florida. or in part against the revenues of said dis- pore. The acting majority leader is rec- trict for the fiscal year ending September 30, ognized. 2002, and for other purposes. PRAYER f The ACTING PRESIDENT pro tem- The Chaplain, Dr. Lloyd John pore. Under the previous order, the Ogilvie, offered the following prayer: SCHEDULE Senator from Virginia is recognized to Dear God, You, Yourself, are the an- Mr. REID. Mr. President, the Senate offer an amendment, on which there swer to our prayers. So often we come will resume consideration of the Dis- shall be 60 minutes of debate. to You with our shopping list of re- trict of Columbia Appropriations Act Mr. REID. Mr. President, I ask that quests. Prayer becomes a ‘‘gimmie’’ immediately. Senator ALLEN will offer we not go to the amendment for just a an amendment regarding needle ex- game rather than a grace gift. Help us few minutes. Senator LANDRIEU is in to realize that whatever You give or change programs. He has agreed to the building and will be here momen- withhold from us in prayer is to draw have 60 minutes for debate prior to the tarily. I think she should be present. I us into deeper intimacy with You. vote in relation to the amendment. ask unanimous consent the Senator When we put the primary emphasis on That vote will occur a little after 11 from New York be recognized for 5 min- a relationship with You, experiencing o’clock. Following the vote in relation utes as in morning business. Your presence and receiving Your to the Allen amendment, Senator The ACTING PRESIDENT pro tem- power, life becomes a privilege. It loses HUTCHISON of Texas will offer an pore. Without objection, it is so or- its strain and stress. Added to that, amendment regarding attorney’s fees, dered. You provide the spiritual gifts we with 60 minutes for debate on that The Senator from New York. need—wisdom and discernment, emo- amendment. Following 30 minutes of f tional strength and stability, and phys- debate on the Hutchison amendment, it ical stamina and endurance. Grant the will be laid aside for a period of morn- PUBLIC SAFETY INFRASTRUCTURE Senators a special measure of Your in- ing business until 2:30 p.m. Senators Mrs. CLINTON. Mr. President, I rise spiration today as they listen to You. will be permitted to speak during today to bring to our attention two dis- Speak to them before they speak to the morning business time for up to 10 tinct problems facing our States and Senate and to the Nation. May debate minutes each. This period of morning particularly our communities in New not divide but develop deeper under- business is for a number of reasons but York as a result of the attacks on Sep- standing. Now, when the world looks to mainly to accommodate the Senators- tember 11. I have just come from a America for leadership, may patriot- only briefing with Secretary of Defense meeting with a number of mayors from ism unite this Senate. Grant the Sen- Rumsfeld. cities all over the country, including ators and to all of us a renewed depend- At 2:30 p.m., the Senate will resume mayors who joined us by conference ence on You that makes possible great- consideration of the Hutchison amend- phone, Democrats, Republicans, large ness in leadership. You are our Lord ment, with 30 minutes of debate prior cities, medium- and small-sized cities. and Saviour. Amen. to the vote in relation to the amend- They all have said with a single voice f ment, at approximately 3 p.m. The majority leader announced last that the impact on our public safety PLEDGE OF ALLEGIANCE night in closing that he wanted to com- infrastructure of the attacks is such The Honorable BILL NELSON led the plete the DC appropriations bill today. that they are bleeding dollars. They Pledge of Allegiance, as follows: Everyone should understand we are are paying overtime constantly to our I pledge allegiance to the Flag of the going to work very hard until we finish police officers, our firefighters, our United States of America, and to the Repub- this bill tonight. That is the intention first responders. They do not have the lic for which it stands, one nation under God, of the majority leader. Other than funds to provide the protection and the indivisible, with liberty and justice for all. these two amendments, I am not sure quick response our citizens deserve and f how many more there will be. Hope- expect. fully, it can be wrapped up quickly. I can speak specifically about New APPOINTMENT OF ACTING York. We have an economic situation PRESIDENT PRO TEMPORE There are a number of other important issues that are waiting to be completed where we face a $10 billion shortfall in The PRESIDING OFFICER. The before we adjourn for the year. State revenues over the next 18 clerk will please read a communication f months. In addition, our New York to the Senate from the President pro State comptroller, Carl McCall, has tempore (Mr. BYRD). RESERVATION OF LEADER TIME identified $940 million in potential The legislative clerk read the fol- The ACTING PRESIDENT pro tem- State and local government costs due lowing letter: pore. Under the previous order, the to the current congruence of events. U.S. SENATE, leadership time is reserved. This means that city governments, PRESIDENT PRO TEMPORE, f county governments, far away from Washington, DC, November 7, 2001. Ground Zero, are faced with hundreds To the Senate: DISTRICT OF COLUMBIA APPRO- of calls about potential biological or Under the provisions of rule I, paragraph 3, PRIATIONS ACT, 2002—Continued of the Standing Rules of the Senate, I hereby chemical materials, particularly an- appoint the Honorable BILL NELSON, a Sen- The ACTING PRESIDENT pro tem- thrax, to which they are responding as ator from the State of Florida, to perform pore. Under the previous order, the we expect them to. They are faced with the duties of the Chair. Senate will now resume consideration threats coming in—both credible and, ROBERT C. BYRD, of H.R. 2944, which the clerk will re- frankly, not, but we have to follow President pro tempore. port. each one up—potential threats to our Mr. NELSON thereupon assumed the The assistant legislative clerk read infrastructure, our powerplants, our chair as Acting President pro tempore. as follows: bridges, our ports, our airports.

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

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21883 As a result, we have a tremendous defend their own communities. They that we have to make sure this and fu- pressure buildup on our local govern- should be given that opportunity. ture budgets reflect the fiscal dis- ments. As I heard today, it is some- I think we need this legislation now cipline that is now a part—and hope- thing that is being faced by govern- because our homeland defense will only fully will be even a stronger part—of ments across our country. That is why be as strong as the weakest link at the the District’s future. The budget is not I strongly support the plan with which State and local level. We need our citi- only in balance but the District is in a Senators BYRD and REID are coming zens more involved in civil defense to surplus, having swung $1 billion from a forward, to provide additional funding supplement those of our people on the deficit now to a surplus. We would like for public safety needs. I am calling on front line in the uniformed services. I to keep it that way. our colleagues and the Federal Govern- think we recognize this now is an abso- There are going to be great chal- ment to create a public safety block lute necessity. I certainly support the lenges ahead, but Senator DEWINE and grant program to help communities efforts of Senator BYRD and Senator I are committed to fiscal discipline, plan, strictly for our emergencies, and REID, combined with Senator BAUCUS, transparency, accountability, and ex- to be ready no matter what happens in to have a homeland recovery and secu- cellence in management for the Dis- their communities. rity package, but I do not think it will trict. Why is a public safety block grant so work unless we provide funds directly No. 2, there is an underlying prin- necessary? to our cities and counties, unless we ciple—we will debate some of that this First, September 11 changed every- recognize that they have to be the morning—about local decisionmaking. thing. Anybody who wants to pretend front line defense in the war against We believe generally local governments it didn’t is sending a false message to terrorism here at home. should be allowed to spend their money the people we represent. Our cities and f and local funds in the ways they are di- our counties are on the front lines in rected. There is some debate about the war against terrorism. When a DISTRICT OF COLUMBIA APPRO- that issue. That debate will take place threat is called in to our local fire de- PRIATIONS ACT, 2002—Continued this morning. partment or our local mayor’s office, The ACTING PRESIDENT pro tem- No. 3, there is a significant invest- they cannot wait for some kind of Fed- pore. Under the previous order,the Sen- ment in child welfare. I want to say on eral response. They have to send out ator from Virginia is recognized to behalf of Senator DEWINE and myself those first responders. They are on a offer an amendment on which there and many of the Members who helped, heightened state of alert as they have shall be 60 minutes of debate. we are investing $40 million in new been told by our President, by Gov- Ms. LANDRIEU. Will the Senator moneys to set up a better child welfare ernor Ridge, and by Attorney General yield for just 1 minute for opening re- system in the District. Too many chil- Ashcroft. A public safety block grant marks from the manager of the bill? dren have died. There are too many would help our communities provide Mr. ALLEN. Certainly. families torn asunder. There are too these additional resources for police, The ACTING PRESIDENT pro tem- many children without parents, too fire, ambulance, emergency, airports, pore. The Senator from Louisiana. many parents without children who waterways, public transit infrastruc- Ms. LANDRIEU. Mr. President, I cannot be found. This investment will ture, chemical, and nuclear plants. thank the Senator from Virginia for help the courts work better and help us I think we should reinvigorate the yielding. to put our money where our mouth is concept of civil defense, using more Let me quickly support my colleague and invest in kids. volunteers to supplement our first line from New York in her remarks about No. 4, there is a $16 million increase responders. Some of our colleagues, in- how important it is for us, as we fash- for security in the District. After Sep- cluding Senators MCCAIN, BAYH, and ion homeland defense, to be cognizant, tember 11, it is obvious the District LIEBERMAN, have recently spoken out as Mayor Giuliani beautifully showed itself is a target, hosting the Capitol of about the importance of encouraging us, so that the mayors and local offi- these great United States. So we have Americans to become involved in civil cials are really on the front line. Our recognized that. defense. I believe a public safety block Federal Government needs to recognize Finally, there is an investment in the grant could use funds to further that the great role they have played and can environment and in education. idea and help us prepare better and in- play. Our budget should reflect the AMENDMENT NO. 2109 volve so many of the citizens who want principle of getting those resources Ms. LANDRIEU. I send a managers’ to participate in protecting our home- down to the lower level. I thank the amendment to the desk and ask unani- land front. If we are at war, which we Senator from New York for her very in- mous consent it be approved. This is are told we are, which we believe we structive remarks to us this morning. strictly a technical amendment. Any are—we are fighting two wars. We are Let me, as I begin again this morning controversial issues have been re- fighting a war abroad in Afghanistan on the DC bill, very briefly—within 1 moved; they are not included. It has against the terrorist networks, and we minute—just hit the highlights of the been cleared on both sides. are fighting a war right here at home, bill before we turn to the three or four I send the amendment to the desk. and we need to be prepared on both amendments we may be considering The ACTING PRESIDENT pro tem- fronts. today, with that of Senator ALLEN pore. Is there objection? The eligibility criteria would be being the first one up for us to con- Without objection, the clerk will re- based on several factors. Certainly, sider. port. communities would have to be ready to First, there is great consensus in this The assistant legislative clerk read use those funds for post-September 11 underlying bill. Again, I thank my col- as follows: needs, not because they didn’t budget league from Ohio, Senator DEWINE, for The Senator from Louisiana [Ms. well before the date of the attacks but his excellent work. We thank Mr. LANDRIEU], for herself and Mr. DEWINE, pro- poses an amendment numbered 2109. BYRD, the Senator from West Virginia, because of the additional burdens they Ms. LANDRIEU. Mr. President, I ask and the Senator from Alaska, Mr. STE- now face. unanimous consent the reading of the I believe medium- and larger-sized VENS, for helping us get this bill to the amendment be dispensed with. cities and counties should receive di- floor, working across party lines and in The ACTING PRESIDENT pro tem- rect assistance. Smaller communities a very dedicated way to bring a good pore. Without objection it is so or- could go through the State, based on bill to this floor. dered. the CDBG program. I hope commu- The five points in this bill are: The amendment is as follows: nities would have to submit a plan ex- No. 1, this is the first bill over $7 bil- On page 6, line 25, insert the following plaining how they would use the funds, lion that comes to the floor in 5 years after ‘‘inserting ‘‘1,100’’.’’: but that they would be given broad dis- without the Control Board being in ef- Section 16(d) of the Victims of Violent cretion because they are best able to fect. So there is great responsibility Crime Compensation Act of 1996 (sec. 4–

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 21884 CONGRESSIONAL RECORD—SENATE November 7, 2001 515(d), D.C. Official Code), as amended by D.C. Code), the Closing of Portions of 2nd As you know, Mr. President, the Con- section 403 of the Miscellaneous Appropria- and N Streets, N.E. and Alley System in stitution provides the Congress the au- tions Act, 2001 (as enacted into law by sec- Square 710, S.O. 00–97, Act of 2001 (D.C. Act thority to exercise exclusive jurisdic- tion 1(a)(4) of the Consolidated Appropria- 14–106) shall take effect on the date of the en- tion in all cases dealing with the Dis- tions Act, 2001), is amended— actment of such Act or the date of the enact- (1) by striking ‘‘in excess of $250,000’’; and ment of this Act, whichever is later. trict of Columbia. We have oversight responsibilities. The Federal District (2) by striking ‘‘and approved by’’ and all The ACTING PRESIDENT pro tem- of Columbia is properly and constitu- that follows and inserting a period. pore. The question is on agreeing to (b) The amendments made by subsection tionally subject to more oversight from (a) shall take effect as if included in the en- the amendment. The amendment (No. 2109) was agreed the Congress than would be any of the actment of section 403 of the Miscellaneous 50 States. This is evidenced by the fact Appropriations Act, 2001. to. Ms. LANDRIEU. I move to reconsider that both the House and Senate have On page 12, line 7, after ‘‘Agency,’’ insert authorizing subcommittees specifically the following: ‘‘the Governor of the State of the vote, please, and move to lay that Maryland and the Governor of the Common- motion on the table. addressing the District of Columbia. wealth of Virginia, the county executives of The motion to lay on the table was Thus, we, as Members of the Senate, contiguous counties of the region’’. agreed to. have not only a right but also a con- Page 12, line 7, after ‘‘and’’ and before Ms. LANDRIEU. At this time the stitutional oversight responsibility to ‘‘state’’ insert the following: ‘‘the respec- Senator from Virginia should be recog- stop this legislation which would obvi- tive’’. nized, according to the unanimous con- ously be detrimental to the public Page 12, line 8, after ‘‘emergency’’ and be- sent agreement. good. fore ‘‘plan’’ insert: ‘‘operations’’. That is the bottom line here. When Page 13, line 14, strike ‘‘$500,000’’ and in- The ACTING PRESIDENT pro tem- sert: ‘‘$250,000’’. pore. The Senator from Virginia. there is something that is clearly det- Page 13, line 15, strike ‘‘McKinley Tech- AMENDMENT NO. 2107 rimental to the public good in the Dis- nical High School’’ and insert the following: Mr. ALLEN. Mr. President I call up trict of Columbia, we have an oversight ‘‘Southeastern University’’. amendment No. 2107. responsibility. While the vast majority Page 13, line 16, strike ‘‘Southeastern Uni- The ACTING PRESIDENT pro tem- of matters have to do with local juris- versity’’ and insert the following: ‘‘McKinley pore. The clerk will report. diction—schools and traffic signals— Technical High School.’’. The assistant legislative clerk read various other issues, management is Page 13, line 14, insert after ‘‘students;’’: best at that local level—although we ‘‘$250,000 for Lightspan, Inc. to implement as follows: the eduTest.com program in the District of The Senator from Virginia [Mr. ALLEN] would like to empower them in some Columbia Public Schools;’’. proposes an amendment numbered 2107. cases to do more—but insofar as the Page 16, line 3, strike ‘‘U.S. Soccer Foun- Mr. ALLEN. I ask unanimous consent needle exchange network is concerned, dation, to be used’’ and insert: ‘‘Washington, the reading of the amendment be dis- these needle exchange networks are D.C. Sports and Entertainment Commission pensed with. bad for the communities in which they which in coordination with the U.S. Soccer The ACTING PRESIDENT pro tem- are located. Foundation, shall use the funds’’. In November of 1995, the Manhattan Page 17, line 18, insert after ‘‘families’’ the pore. Without objection, it is so or- dered. Lower East Side Community Board following: ‘‘and children without parents, passed a resolution to terminate their due to the September 11, 2001 terrorist at- The amendment is as follows: tacks on the District of Columbia,’’. (Purpose: to prohibit the use of local funds needle exchange program. You may Page 18, line 8, after ‘‘provided,’’ and before to carry out needle exchange programs in wonder why they stopped it. They said: ‘‘That’’ insert the following: ‘‘That funds the District of Columbia) The community has been inundated with made available in such Act for the Wash- On page 57, strike beginning with line 24 drug dealers. Lawful businesses are being ington Interfaith Network (114 Stat. 2444) through page 58, line 7, and insert the fol- abandoned, and much needed law enforce- shall remain available for the purposes in- lowing: ment is being withheld by the police. tended until December 31, 2001: Provided,’’. SEC. 127. (a) None of the funds contained in Why would we want that to happen in Page 34, line 4, District of Columbia this Act may be used for any program of dis- our Nation’s Capital? The U.S. Senate Funds—Public Works, insert after ‘‘avail- tributing sterile needles or syringes for the could through this appropriations bill, able’’: ‘‘Provided, That $1,550,000 made avail- hypodermic injection of any illegal drug. able under the District of Columbia Appro- (b) Any individual or entity who received if this amendment is not adopted and priations Act, 2001 (Public Law 106–522) for any funds contained in this Act and who car- the conference committee leaves it in, taxicab driver security enhancements in the ries out any program described in subsection allow the District of Columbia, our Na- District of Columbia shall remain available (a) shall account for all funds used for such tion’s beloved capital, to use taxpayer until September 30, 2002.’’. program separately from any funds con- funds to buy clean needles for drug ad- Page 37, line 4, insert the following after tained in this Act. dicts. However, prior experience with ‘‘service’’: ‘‘Notwithstanding any other pro- Mr. ALLEN. Mr. President, I rise these needle exchange programs not vision of law, the District of Columbia is today to ask my colleagues in the Sen- only fails to demonstrate positive re- hereby authorized to make any necessary payments related to the ‘‘District of Colum- ate to take a stand, a strong stand, sults among drug addicts, but it may bia Emergency Assistance Act of 2001’’: Pro- against illegal drug use by rejecting a actually result in negative results. vided, That the District of Columbia shall provision in the District of Columbia That is right, negative results. use local funds for any payments under this appropriations bill that would allow Deaths resulting from drug overdoses heading: Provided further, That the Chief Fi- the use of taxpayer funds for a needle have increased five times since 1988. nancial Officer shall certify the availability exchange program. According to a White House report, in of such funds, and shall certify that such My amendment mirrors the section 1997 15,973 people died from drug-in- funds are not required to address budget of the House bill that addresses the duced causes. That is 1,130 more people shortfalls in the District of Columbia.’’. needle exchange programs and would Page 63, line 8, after ‘‘expended.’’ insert the than in 1996. The highest death rate following new subsection: prohibit both the use of Federal and lo- from illegal use was among African ‘‘(C) AVAILABILITY OF FY 2001 BUDGET RE- cally generated funds for these needle Americans at 8.3 deaths per 100,000 peo- SERVE FUNDS.—For fiscal year 2001, any exchange programs. I think it is wrong ple. amount in the budget reserve shall remain and it is a misguided priority for the Additionally, according to Alco- available until expended.’’. District of Columbia, with all their pri- holism and Drug Abuse Weekly, the Page 68, line 6, insert the following as a orities and pressing concerns in the number of American teenagers using new General Provision: District—whether they be in improving heroin has doubled in most recent SEC. 137. To waive the period of Congres- their public schools or improving pub- years. Indeed, when one thinks of her- sional review of the Closing of Portions of 2nd and N Streets, N.E. and Alley System in lic safety—to be wasting money. In oin, you think of heroin being used by Square 710, S.O. 00–97, Act of 2001. Notwith- fact, I don’t think they ought to waste folks in their late 20s and 30s. The big- standing section 602(c)(1) of the District of a penny in providing drug users with gest increase in the use of heroin is Columbia Home Rule Act (sec. 1–233(c)(1), sterile needles or syringes. among teenagers. In fact, the average

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21885 age of heroin users nationally is now I believe that in a time when all of I respectfully ask my colleagues to lower among teenagers. these negative trends seem to be on the support my amendment, which sends That is very frightening. rise that the endorsement or condoning all the right messages, all the proper An AIDS Journal study indicated of a needle exchange network by the messages, not just for our District of that Vancouver, the site of one of these U.S. Senate sends the wrong message Columbia, which is in a time of crisis; needle exchange programs, now has the about our Government’s commitment but it sends the right message for all of highest rate of heroin deaths in North to fighting drugs and, thus, undermines America, and actually the right mes- America. our efforts to prevent drug use and sage for all of the world which is now It seems to me that giving a drug ad- eliminate the illegal drug trade. watching our Nation’s Capital. dict a clean needle is like giving an al- According to former President Clin- Once again, I ask my colleagues to coholic a clean flask. It just doesn’t ton’s drug czar, General Barry stand up for what is right in our Na- make any sense. McCaffery: tion’s Capital, for all the people of Some would claim that needle ex- The problem is not dirty needles. The prob- America, and those who are watching change programs prevent the spread of lem is heroin addiction. The focus should be us. AIDS amongst intravenous drug users on bringing help to the suffering population, I thank the Chair. and are, therefore, important in ad- not giving them more effective means to continue their addiction. One doesn’t want The ACTING PRESIDENT pro tem- dressing the AIDS problem. to facilitate this dreadful scourge on man- pore. The Senator from Louisiana. The Clinton administration at- kind. Ms. LANDRIEU. Mr. President, I tempted to lift the ongoing ban on Fed- We have a legal responsibility to thank you for the recognition. eral funds for needle exchange pro- keep these harmful networks from be- At this time I am prepared to yield a grams as a solution to reducing the coming a reality in the District of Co- few moments, 5 minutes, to the Sen- rate of HIV infection among intra- lumbia. Allowing it in the District of ator from Maryland for morning busi- venous or IV drug users without in- Columbia would send a very poor mes- ness. creasing the use of drugs such as her- sage to those ravaged by drug addic- The ACTING PRESIDENT pro tem- oin. While clean needles do not con- tion—that AIDS is a terrible disease pore. The Senator from Maryland. tribute to the spread of HIV, there is that can be maintained, yet it is OK to Ms. MIKULSKI. Thank you very scant evidence, scientific or anecdotal, die from the effects of drug addiction. much. that needle exchanges protect users. Additionally, the Government would Mr. President, I ask unanimous con- A Montreal study published in the be sending a weak message to those sent I be allowed to speak for 5 minutes American Journal of Epidemiology in who would want to make a profit from as in morning business. 1997 showed that addicts who used nee- illegal drug trade: Drugs are illegal, The ACTING PRESIDENT pro tem- dle exchange programs were twice as yet the United States Government con- pore. Without objection, it is so or- likely to become infected with HIV dones needle exchange networks which dered. than those who did not. issue identification cards that entitle The Senator is recognized. The New York Times magazine re- users to carry drug paraphernalia with- (The remarks of Ms. MIKULSKI are ported that one New York City pro- out interference from the law. printed in today’s RECORD under gram gave a single individual 60 sy- Finally, it would send a dangerous ‘‘Morning Business.’’) ringes, a pamphlet with instructions on message to our youth. It seems to me Ms. MIKULSKI. Mr. President, I using them, and a identification card that we all know that drugs are harm- thank the Senator from Louisiana for that allows them to legally possess ful. We don’t want to send a message to being so gracious. drug paraphernalia. Indeed, drug ad- our youngsters that the Federal Gov- The ACTING PRESIDENT pro tem- dicts use these programs not only for ernment supports providing needles pore. Who yields time? fresh paraphernalia but also to net- and syringes for drug delivery and bro- Ms. LANDRIEU. I yield, under the work among other drug addicts for chures explaining the most efficient unanimous consent agreement, to Sen- fresh supplies of the drug itself. means of injection. ator DURBIN for a response to the Allen It may be more accurate to call the It is imperative that the Senate amendment. drug needle exchange programs what stand strong against illegal drug use. The ACTING PRESIDENT pro tem- they are: drug exchange networks. We must not allow Federal funds to go pore. The Senator from Illinois. We are at a time in history when toward programs supplying individuals Mr. DURBIN. Mr. President, it is my more Americans are ruining or losing already struggling with addiction with understanding that under the unani- their lives to illegal drug use. When the drug paraphernalia. We must not di- mous consent agreement there were 30 highest death rate from illegal drug rectly or indirectly endorse needle ex- minutes allocated to each side. use occurs in African American com- change networks. The ACTING PRESIDENT pro tem- munities, and when heroin and cocaine I ask my fellow Senators to join me pore. Yes, and there are approximately are at some of their lowest prices in in this effort and not give up on this 18 minutes remaining on each side. history, I maintain that we should not war on drugs as we take on another Mr. DURBIN. Thank you very much, vote to encourage the government to war—the war on terrorism. We owe it Mr. President. give away the tools that enable people to our brave law enforcement officers Ms. LANDRIEU. How much time does to promote drug use and, therefore, who have been fighting this war on the Senator need? Because there are harm themselves. Indeed, it is not just drugs, with many of them risking their two other Senators who would like to harming themselves. Drug use is the lives by infiltrating some of these drug speak. key component in crime. networks, chasing drug dealers, paying Mr. DURBIN. If I could ask for 15 Ask any prosecutor, law enforcement informants, doing undercover work, minutes. officer, or, in fact, any judge who deals and surveillance. Our law enforcement Ms. LANDRIEU. How about 12 min- with criminal cases, and you will find officers have been fighting this war on utes? that the vast majority of criminal drugs, and now they are fighting daily Mr. DURBIN. I will take 12. cases are related to drug use. Someone battles on many other fronts in the war Ms. LANDRIEU. I thank the Senator may be under the influence of drugs on terrorism. from Illinois. when they assault or rape someone, We also owe it to those struggling The ACTING PRESIDENT pro tem- and when they are breaking and enter- with drugs not to turn our Government pore. The Senator from Illinois is rec- ing, armed robberies, or other thefts into an enabler. ognized. and stealing of property to pay for that Finally, we owe it to our children to Mr. DURBIN. I thank the Chair. addiction. You will find, I maintain, fight to ensure that they grow up and Unfortunately, because my time has that the vast majority of crimes are live in a world as free from illegal been reduced, I am going to have to re- drug-related one way or the other. drugs as is possible. duce the time I was going to use to

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 21886 CONGRESSIONAL RECORD—SENATE November 7, 2001 praise the chair of the subcommittee The current DC appropriations bill Let’s talk about the scientific com- for her work on this bill. But I do want would allow the District to finance the munity for a moment. In addition to to make a point of saying this: I have needle exchange program only through strong support from political officials, served on this subcommittee. This is its own funds. There would be no Fed- the potential for needle exchange pro- not an easy assignment. I congratulate eral funds involved. That has been the grams to halt the spread of HIV/AIDS Senators LANDRIEU and DEWINE for rule for years. What Senator ALLEN and encourage substance abusers to bringing forth an excellent bill. It is a says in his amendment is, no, you can’t enter treatment is scientifically prov- bill which is a challenge every single even use your own funds for that pur- en. The Surgeon General of the United year. pose. States, David Satcher, stated: Why is this bill a challenge? Because Why should we keep our hands off There is conclusive scientific evidence that every Member of the Congress who ever this decision? Let me tell the Senate syringe exchange programs as part of a com- wanted to be mayor of a town gets the about this beautiful Nation’s Capital in prehensive HIV prevention strategy are an chance to be ‘‘mayor for a day’’ on the which I have had the privilege of being effective public health intervention that re- DC appropriations bill. Senators from a student and a Congressman and a duces the transmission of HIV and does not some of the largest States in the Na- Senator for so many years of my life. encourage the illegal use of drugs. tion can’t wait to make decisions that This beautiful city has massive prob- This is the Surgeon General of the are ordinarily made by mayors and lems. One of the biggest problems is a United States. He is not an elected offi- members of city councils. They get to public health problem we cannot over- cial. He has never put his name on a be ‘‘aldermen for a day.’’ They get to state. The AIDS rate, the rate of infec- ballot that I know of, but he has spent rule a city for a day. It is such a tempt- tion of AIDS in Washington, DC, is the his lifetime in public health and medi- ing opportunity. And the fact that we highest in the Nation. It is nine times cine. He says the amendment offered put only 10 percent of the money, the national average. For us to say we by the Senator from Virginia is just through Congress, into the District of are going to impose our political opin- plain wrong. Columbia does not hold them back. ion on how to deal with the AIDS crisis If that amendment prevails, we will They don’t want to merely control the in the worst suffering city in America increase the likelihood of HIV and money that Congress puts in the Dis- is just wrong. AIDS in the District of Columbia; we trict of Columbia, they want to control Individuals become infected in the will increase the likelihood of more all the money in the District of Colum- District of Columbia with AIDS and drug usage. How can we in good con- bia. You would think they were having HIV primarily through the sharing of science consider such a measure? How a major election here and they were contaminated needles for intravenous can we turn our back on the over- elected mayor of the District of Colum- drug usage. More than a third of the whelming scientific and medical evi- bia because they want to make all the AIDS cases nationwide are related to dence against the Allen amendment? decision. injection drug use. These statistics are To ignore that is to ignore any warning Frankly, that is wrong. It is wrong most dramatic among women, where we receive. and irresponsible. If you believe in three out of four women diagnosed Do my colleagues recall during the home rule, if you believe in the appro- with AIDS injected drugs themselves Reagan administration President priate delegation of authority to the or became infected through a partner Reagan faced the onset of the AIDS level closest to the voters, why in the who was an injection drug user. epidemic and thank goodness Dr. Koop, world would a Senator from any State I refer to this statistic about the Dis- his Surgeon General, had the courage in the United States want to impose trict of Columbia: Over half of the chil- to stand up and say: Don’t politicize an his or her judgment on this city, our dren born with HIV have a parent en- epidemic. We will deal with it in hon- Nation’s Capital? And they do, year in gaged in substance abuse. Our vote this est medical terms. Thank goodness Dr. and year out. morning will decide whether or not we Koop said that and sent notices out to I thank the Senator from Louisiana take away the authority of the District every home in America so they under- for really fighting back the temptation of Columbia to deal with a public stood the seriousness of this public to put in all these riders and all these health crisis that is the worst in the health challenge. It would have been so ideas, all these ordinances that Mem- Nation. We are imposing our political easy for this to be politicized. It would bers of Congress want to put on the view on the best medical judgment in have been so easy for someone to take District of Columbia. I say thank you America of how to deal with an epi- advantage of it. President Reagan and to the Senator from Louisiana. demic. We wouldn’t accept that if the Dr. Koop wouldn’t allow that. But the proposal we have before us epidemic related to bioterrorism. We Dr. Koop supports needle exchange today is one of the worst. It is a pro- wouldn’t let the Governors and mayors programs—Dr. Koop, the former Sur- posal where we say to the District of make medical decisions. We would geon General under a Republican Presi- Columbia: You cannot use your money, stand up for what is right scientifically dent. your taxpayers’ dollars, on a public and medically. The Institute of Medicine in Wash- health program that you endorsed to Both the District of Columbia mayor, ington, DC, said access to sterile sy- deal with a major public health crisis Anthony Williams, and the police chief ringes is one of the four unrealized op- in the District of Columbia. support the use of local funds to fi- portunities in HIV prevention. The Na- With his amendment, the Senator nance needle exchange programs in tional Research Council and the Insti- from Virginia has suggested that the Washington, DC. The arguments that tute of Medicine indicated that needle District of Columbia—it is more than a these programs are creating and fo- exchange programs have the potential suggestion—would be unable to spend menting crime, encouraging drug use, to reduce risk behaviors associated its own money on a needle exchange fall flat on their face. Last year in this with HIV by 80 percent and HIV trans- program. What does the Washington appropriations bill we said we want the mission by 30 percent. Post think of that suggestion? They D.C. government to report to us if When I start to list the organizations have asked this question, an important there is a higher incidence of crime that oppose the Allen amendment, that one: Has Congress nothing better to do around areas with needle exchange pro- say it is just plain wrong scientifically at this point than to play mayor and grams. It came back consistently and and medically, we will have some un- city council to the District of Colum- said no. derstanding of why this is the wrong bia? They go through the proposals I say to the Senator from Virginia, thing to vote for. which we are going to consider here, they said no. The people, the cops on First, those opposing the Allen proposals relative to needle exchange the beat, those who were asked to re- amendment: The American Medical As- and domestic partnership. Time and port to Congress said no, there was not sociation, the American Academy of again what you find is they are pro- an increase in crime or drug usage Pediatrics, the American Foundation posals which don’t stand up. around these programs. for AIDS Research, the American

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21887 Nurses Association, the American I have voted for some of the toughest In summary, the new studies contribute Pharmaceutical Association, the penalties in the law when it comes to substantially to the strength of the data American Public Health Association. drug usage. I have joined with those showing the following effects of effective sy- The list goes on and on and on. Every who say we have to make it clear that ringe exchange programs: A decrease in new HIV sero conversions; an increase in the major credible public health organiza- this is wrong; it not only kills you, but numbers of injection drug users referred to tion that has been asked to comment it threatens America in so many ways. and retained in substance abuse treatment on needle exchange programs has con- I think these harsh punishments have and well-documented opportunities for mul- cluded they are an effective way to worked in some cases; they have not tiple prevention services and referral and fight drug usage and the spread of HIV worked in others. There are some peo- entry into medical care. The data indicate and AIDS. ple for whom even the harshest punish- that the presence of a syringe exchange pro- Let me draw the attention of the ment in the world is not enough. They gram does not increase the use of illegal Senate to this chart. This is a map of need a helping hand, someone who will drugs among participants in the syringe ex- change programs. the United States showing the States reach out to them and say, please, test that are currently involved with needle yourself for HIV, consider this program That is the Surgeon General speak- exchange programs. Keep in mind, all for rehab. ing on the basis of facts and real statis- of these 31 States have decided this is The amendment offered by the Sen- tics. I beg the Senate not to play a good way to fight drug usage and ator from Virginia will stop the Na- mayor and council for a day at the ex- HIV/AIDS. Are we passing a law ban- tion’s Capital, a city that is rocked pense of an HIV/AIDS epidemic in the ning States around the country such as with the HIV/AIDS epidemic, from Nation’s Capital. Stand with the AMA Maryland from having a needle ex- fighting it. This amendment turns its and the Surgeon General for the sound change program, or Illinois? No. Only back on the scientific and medical evi- and prudent medical judgment to let the District of Columbia, where Sen- dence which we gather across America those programs continue in the Dis- ators and Congressmen get to play in terms of how these programs help us trict of Columbia using their own mayor for a day. That is unfair. Look to fight drugs, how they help us to funds. at these States all across America: fight crime, fight dependency, and I yield the floor. Florida, Georgia, North Carolina, Ten- fight addiction, why 31 different The ACTING PRESIDENT pro tem- nessee, Louisiana, Texas, the Presi- States, including the State of Utah and pore. The Senator from Nevada is rec- dent’s home State, all with needle ex- the State of Louisiana, have similar ognized. change programs. programs. Mr. REID. I ask that the time I con- If this is such a scourge on America, The ACTING PRESIDENT pro tem- sume not be charged against either of as the Senator from Virginia suggests, pore. The Senator’s 12 minutes have ex- the managers. why hasn’t he offered an amendment to pired. The ACTING PRESIDENT pro tem- ban these programs nationwide? Be- Mr. DURBIN. I ask for 2 additional pore. Without objection, it is so or- cause, frankly, it is not Congress’s minutes. dered. business to do so. Secondly, it is just Ms. LANDRIEU. I yield 2 additional plain wrong from a public health point minutes to the Senator. f of view. Mr. DURBIN. The Senator from Vir- We know in these States that these ginia said at one point that this is a programs bring people who are cur- program that harms its participants. I AVIATION SECURITY ACT rently addicted into the presence of say to the Senator that the American Mr. REID. Mr. President, I ask the those who will give them the clean and Medical Association disagrees with Chair lay before the Senate a message safe needles, but also much more. They him. The American Public Health As- from the House of Representatives on will connect up with them to try to sociation disagrees with him. Law en- the bill (S. 1447). help them end their drug usage. People forcement in the District of Columbia The PRESIDING OFFICER laid be- living and lurking in the shadows and disagrees with him, and the Surgeon fore the Senate the following message alleys of America as IV drug users General of the United States disagrees from the House of Representatives. using contaminated needles are not with him as well. Resolved, That the House insist upon its going to end their addiction, they are When we consider what we are up amendment to the bill (S. 1447) entitled ‘‘An going to unfortunately continue it. against, the Senator says we have to Act to improve aviation security, and for They are going to give birth to chil- make sure we send the right message. other purposes’’, and ask a conference with dren who will also suffer from HIV and The fact that we can come to the floor the Senate on the disagreeing votes of the AIDS as a result of it. and make a political judgment to take two Houses thereon. Ninety-five percent of the programs away one of the tools and weapons to Ordered, That Mr. Young of Alaska, Mr. refer clients to substance abuse treat- fight for good public health and to Petri, Mr. Duncan, Mr. Mica, Mr. Ehlers, Mr. ment and counseling programs—95 per- fight HIV/AIDS is the wrong message. Oberstar, Mr. Lipinski, and Mr. DeFazio, be the managers of the conference on the part cent of those needle exchange programs What are we going to do next? Are we of the House. do make the referrals. You are going to going to decide that Congress is going cut off this opportunity to reach out to to make decisions about the threat of Mr. REID. Mr. President, I ask unan- a drug addict and say, please, we know anthrax and not the public health com- imous consent that the Senate disagree that you are addicted, but here is your munity, that it is a political decision to the House amendment, agree to the chance to shake this addiction, to not a medical decision? I hope not. request for a conference on the dis- change your life. Why would we walk Whether we are fighting AIDS or an- agreeing votes of the two Houses and away from that? Why in the Nation’s thrax, whether we are fighting drug ad- that the Chair be authorized to appoint Capital would we walk away from it, diction or other problems facing us in conferees on the part of the Senate, where the HIV and AIDS infection is America on the medical scene, for with no intervening action. the worst in America? goodness sakes, let us have the humil- The ACTING PRESIDENT pro tem- Over half of the people who come to ity as Members of the Senate and the pore. Is there objection? these needle exchange programs realize House to defer to the experts in the Without objection, it is so ordered. they have an opportunity for voluntary field. Let us not be swept away with The Chair appointed Mr. HOLLINGS, HIV testing on the site, and more than the thought that by passing this Mr. INOUYE, Mr. ROCKEFELLER, Mr. a quarter are screened for hepatitis B amendment we are stating something KERRY, Mr. BREAUX, Mr. DORGAN, Mr. and C. All seven of the needle exchange that is politically strong. WYDEN, Mr. MCCAIN, Mr. STEVENS, Mr. programs in my home State of Illinois Let me close with this statement BURNS, Mr. LOTT, Mrs. HUTCHISON, and offer referrals to treatment informa- from the Surgeon General because this Ms. SNOWE, conferees on the part of the tion about HIV prevention. says it all: Senate.

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 21888 CONGRESSIONAL RECORD—SENATE November 7, 2001 THE DISTRICT OF COLUMBIA AP- I want to give an example. Beth the ground that it encourages illegal PROPRIATIONS ACT, 2002—Contin- Israel Medical Center in New York drug use, when every major health or- ued studied needle exchange programs in ganization in the United States says AMENDMENT NO. 2107 the city and found that the program re- that the opposite is true. The ACTING PRESIDENT pro tem- duced infections by two-thirds—a very People’s lives are at stake. I urge my pore. The Senator from Nevada is rec- substantial program. The study found colleagues to oppose the Allen amend- ognized. that injection drug use did not increase ment. Mr. REID. The Senator from Lou- at all in the city at the same time. Mrs. CARNAHAN. Mr. President, the isiana, the manager of this bill, needs 4 Similarly, a 1997 study by the National Senate is currently considering the fis- extra minutes. I ask unanimous con- Institutes of Health concluded that cal year 2002 District of Columbia Ap- sent that she be given 4 extra minutes needle exchange programs reduced HIV propriations bill. I would like to recog- and that Senator DEWINE be given 4 by at least 30 percent and reduced risk nize Senators LANDRIEU and DEWINE extra minutes in relation to this behaviors among drug injecting drug for their strong leadership in moving amendment. users. this important bill through committee. The ACTING PRESIDENT pro tem- In fact, needle exchange programs The District of Columbia shares a pore. Without objection, it is so or- serve as an effective link to drug treat- unique relationship with the Federal dered. ment programs. So you get a double- Government. It is the only locality in The Senator from Louisiana is recog- edged benefit; not only do you limit the country whose budget intersects so nized. the spread of HIV/AIDS, but you intro- directly with Congress. Congress is Ms. LANDRIEU. Mr. President, I duce people to drug treatment pro- charged with approving both the Fed- yield 2 minutes to the Senator from grams. eral and local budget for the District. New Jersey. According to the recent CDC Mor- Consequently, the city cannot move The ACTING PRESIDENT pro tem- bidity and Mortality Weekly Report, 95 forward with its own new budget until pore. The Senator from New Jersey is percent of needle exchange programs the Congress finishes its work and ap- recognized. refer clients to substance abuse treat- proves the bill. I encourage the Senate Mr. CORZINE. Mr. President, I rise ment. Last year, the Surgeon General to approve this bill as quickly as pos- to voice my very strong support for the found that needle exchange not only sible. District of Columbia’s efforts to cut reduces HIV transmission but many Several amendments may be offered HIV/AIDS transmission through its may also reduce injection drug use for to this bill that impose Federal restric- needle exchange program and strongly these people who are in the programs. tions on how the District of Columbia oppose the Allen amendment. First, I Reference to drug treatment programs spends the money that it collects in compliment the leadership of the is a good thing. That is how we reduce local taxes. The District of Columbia is chairwoman, the distinguished Senator this scourge in our country. fortunate to have such an able leader from Louisiana, for her efforts in mak- Mr. President, the District of Colum- in Mayor Anthony Williams. This past ing sure that democracy works in the bia and communities nationwide are year, the mayor, along with the city District of Columbia, that we leave to facing a two-pronged public health cri- council, have put together a budget for the local folks home rule regarding sis of injection drug use and a per- the city that reflects its own priorities those matters we leave to home rule all sistent and growing HIV/AIDS epi- that meet local needs. I do not intend across this country. I can only argue demic. As many as half of all HIV in- to support amendments to this bill that the District of Columbia should be fections are caused by the sharing of that impose restrictions on how the able to use its own funds as it sees fit, HIV-contaminated injection tools. District spends it money. the same as do other localities in the I conclude by saying this is an impor- I would not want Congress telling St. country. tant program that needs the Senate Louis or Kansas City how to spend Let me start with the bottom line on support. We can do a lot to make a big their local tax dollars. The same stand- the fundamental issue. Needle ex- difference in our communities. ard should be applied to the District of change programs work and they save I thank the Chair. Columbia. The District of Columbia is lives. Facts speak for themselves. The Mr. KENNEDY. Mr. President, more our Nation’s Capital and an inter- Senator from Illinois was very articu- than 40,000 people a year become in- national symbol of democracy. The late in bringing out a lot of them. I fected with HIV, the virus that causes Congress should honor the unique sta- will go over a little more of that. There AIDS. Half of all new HIV infections in tus of this city by allowing the District are over 130 needle exchange programs the United States occur among drug to make its own decisions on how taxes operating in the Nation, in 80 cities users. raised from its own citizens should be and 31 States. They work. These pro- In addition, approximately 4 million spent. grams, like the District of Columbia’s Americans have been infected with the The ACTING PRESIDENT pro tem- programs, are supported at the local hepatitis C virus. Injection drug use is pore. The Senator from Louisiana. level by people who want to attack this responsible for at least 60 percent of Ms. LANDRIEU. Mr. President, I ask scourge of drug addiction and HIV/ those infections. for the yeas and nays. AIDS in our communities. They are Numerous authorities, including the The ACTING PRESIDENT pro tem- supported by States and a huge amount National Academy of Sciences, the pore. Is there a sufficient second? of private funds in the country. Again, Surgeon General, the Centers for Dis- There is a sufficient second. the simple reason is that they work. ease Control and Prevention, the The yeas and nays were ordered. Countless government and private American Medical Association, the The ACTING PRESIDENT pro tem- scientific studies have proved the effec- Academy of Pediatrics, and the Amer- pore. Who yields time? tiveness of the needle exchange pro- ican Public Health Association have Ms. LANDRIEU. I yield time to the grams. They limit the spread of HIV/ concluded that needle-exchange pro- Senator from Rhode Island. AIDS. Fact. They do that without any grams reduce the transmission of HIV The ACTING PRESIDENT pro tem- sense or any kind of objective evidence and hepatitis C without encouraging pore. The Senator from Rhode Island. that they do anything to spread drug the illegal use of drugs. Mr. REED. Mr. President, I strongly use. The Centers for Disease Control, It is indefensible for Congress to tell support Chairman LANDRIEU’s inten- the University of California, and the the citizens of the District of Columbia tion in the District of Columbia fiscal U.S. General Accounting Office, among that they cannot spend their own year 2002 appropriations bill to allow a whole host of others, have shown that money on programs that stop the the city to use its own funds to support these programs substantially reduce spread of fatal, infectious diseases. It is a needle exchange program in the city, the transmission of HIV/AIDS without irresponsible for members of Congress and I oppose Senator ALLEN’s amend- encouraging drug use. to oppose a locally funded program on ment to restrict the use of those funds.

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21889 The current ban on the use of Federal eradicate this deadly disease from a the District of Columbia, Mayor Wil- funds for this program remains intact vulnerable population. liams, and the police chief. in the legislation before us. Several important public health or- Those with the most interest in this This issue truly is about the ability ganizations support this move, includ- program, with the most at risk, the of an independent jurisdiction to use ing the American Medical Association, most at stake, are asking us to give its locally raised revenue to support a the American Nurses Association, the them the chance to use their resources program that its elected officials have American Public Health Association, to provide for a needle exchange pro- deemed appropriate. the American Academy of Pediatrics, gram to reduce the transmission of In my own State of Rhode Island, for and the U.S. Conference of Mayors, as AIDS and, as the Surgeon General example, a needle exchange program well D.C. Mayor Anthony Williams and pointed out, in no way will this encour- called ENCORE has existed in the city D.C. Police Chief Charles Ramsey. It is age the illegal use of drugs. I cannot of Providence since 1995, supported by imperative that we add our support to think of a more sensible position to local funds. This has been, and con- this effort as well. support. tinues to be, a very successful program. To reiterate, I commend the leader- I urge my colleagues to reject the Many of the other programs in the 34 ship of Senator LANDRIEU from Lou- Allen amendment and support Chair- States that currently have either isiana. Her position and the position of man LANDRIEU’S position. state-funded or city-funded needle ex- the committee is that the District of I yield the floor. change programs also have been suc- Columbia should be allowed to spend The ACTING PRESIDENT pro tem- cessful in decreasing the spread of HIV/ its own money on a needle exchange pore. Who yields time? AIDS. program. This is a program that has The Senator from Louisiana. There are currently well over 100 dif- been embraced in 34 States and over 100 Ms. LANDRIEU. Mr. President, our ferent needle exchange programs cities. One of those cities is Provi- side rests its case. I believe our speak- around the country working to effect dence, RI. Providence has Operation ers have concluded. Senator DURBIN this positive change. ENCORE in which they provide a nee- and I have some closing remarks, and I The ENCORE program in Rhode Is- dle exchange together with education, have some things to submit for the land has enrolled over 1,500 clients and counseling, and drug rehabilitation re- RECORD. I understand the Senator from provides education, counseling, access ferrals. The program works. Virginia may have some time remain- to sterile syringes, and referrals to sub- I come today with facts, with suc- ing on his side. I understand from the stance abuse treatment programs. Fol- cess, to argue that the District of Co- leader he would like to get to this vote lowup studies and date continue to lumbia should be allowed to use its as soon as possible. I inquire of the show that participants in this program own money to replicate successful pro- Senator from Virginia what his inten- have substantially reduced their risk grams in other urban areas. They have tions are and how much time he in- behaviors. a huge problem with AIDS in their tends to use. However, the HIV/AIDS epidemic community. This is a sensible, proven The ACTING PRESIDENT pro tem- continues to be very serious in my way to help people avoid the scourge of pore. The Senator from Virginia. State, particularly as individuals with infection with AIDS, and we should Mr. ALLEN. Mr. President, I say to the disease are able to live longer and support it, not try to deny them this the Senator from Louisiana, I have a therefore constitute a greater percent- opportunity. few minutes, no more than 3 or 4, age of the State population. That is It is no surprise, based on the experi- maybe 5 at most, of concluding re- why the State of Rhode Island con- ence of Providence, which is, at this marks. The others on our side who tinues to look for new methods to deal point, enrolling over 1,500 individuals wanted to speak are elsewhere, and the with the spread of this disease, and successfully, that this program has vote will get them back here. why programs like ENCORE are so im- been heralded by the Surgeon General Ms. LANDRIEU. Mr. President, I ask portant. as a great success. In his words, in unanimous consent that the Senator The Surgeon General echoed this re- March of 2000: from Virginia have 5 minutes and that port in one of his own studies in March There is conclusive scientific evidence that we have 2 minutes for closing remarks, 2000, stating that ‘‘there is conclusive syringe exchange programs, as part of a com- and then we will be ready to vote. scientific evidence that syringe ex- prehensive HIV prevention strategy, are an The ACTING PRESIDENT pro tem- change programs, as part of a com- effective public health intervention that re- pore. Is there objection? prehensive HIV prevention strategy, duces transmission of HIV and does not en- The Senator from Nevada. are an effective public health interven- courage the illegal use of drugs. Mr. REID. Mr. President, I certainly tion that reduces transmission of HIV ‘‘Conclusive scientific evidence,’’ and have no objection to the request. We and does not encourage the illegal use today we are here to try to refute con- have a number of Senators who have of drugs.’’ That has been the case in clusive scientific evidence, which is at inquired as to when the vote will occur. my own State, and that will be the the heart of the proposal to strike this I wonder if the two Senators can agree case if we allow the District of Colum- provision, and also to override the we can have the vote at 11:15 a.m. bia to take a similar approach with its judgment of local authorities which is Mr. ALLEN. Agreed. own funds. commonplace throughout this country Ms. LANDRIEU. Agreed. The District of Columbia has the in the over 100 municipalities that are Mr. REID. I pose that, Mr. President, highest rate of HIV and AIDS in the running a program such as this. as a unanimous consent request. country, and therefore desperately If we want to rely upon science and The ACTING PRESIDENT pro tem- needs the ability to tackle this prob- also on the authority of localities to pore. Without objection, it is so or- lem in its own way. Unfortunately, the use their local funds as they wish, we dered. city has been prevented from using its have to reject this Allen amendment The Senator from Louisiana had re- own locally raised revenue to deal with and we have to support the position of quested in her unanimous consent re- this issue since 1999 in this appropria- the committee. quest that the Senator from Virginia tions bill. This position that drug programs fea- have 5 minutes and that she have 2 In addition, in last year’s D.C. appro- turing needle exchanges are effective is minutes. priations bill, even private funds were supported by a host of organizations: Mr. REID. There will be time left prevented from being used to support a The American Medical Association, the over. That sounds great to me. program. American Nurses Association, the The ACTING PRESIDENT pro tem- Today we have an opportunity in the American Public Health Association, pore. The Senator from Virginia. bill before us to change this attitude the American Academy of Pediatrics, Mr. ALLEN. I thank the Chair. and allow the city to enact a targeted and the U.S. Conference of Mayors. It Mr. President, in conclusion, as Sen- and aggressive program to attempt to is clearly supported by the mayor of ators are getting ready to vote on this

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 21890 CONGRESSIONAL RECORD—SENATE November 7, 2001 amendment, my amendment actually sponsibility in the Senate to have over- van did not cause any disturbances. People keeps the policies the way they have sight over the laws and the activities, visiting the van were there long enough to been in prior administrations. I cited the safety and the conduct in the Dis- receive their supplies and usually left the area immediately. There was also no evi- General McCaffrey who was the drug trict of Columbia. dence that the presence of the needle ex- czar under President Clinton. General It is my view that it would be the change van led to increased crime. It should McCaffrey stated the problem is not wise and prudent course of conduct to be understood that the needle exchange clean needles, the problem is drug ad- not have the Senate in any way con- ‘‘sites’’ are not permanent sites, but rather diction. done granting free needles, or free sy- stops on a weekly schedule of van routes. It One thing that has arisen a great ringes to those who are engaged in and, should also be noted that in addition to the deal in this debate is not the message in fact, are illegal drug addicts. I hope exchange of needles, the Prevention Works we are sending, although I think it is my colleagues in the Senate will stand van provides free food and coffee to anyone approaching the van. During the reporting the wrong message if we actually say for that principle for the District of Co- period, we received no resident complaints or we are going to use taxpayer funds in lumbia, which is looked upon as not concerns regarding the operation of the nee- the District of Columbia to give drug only our Nation’s Capital but also the dle exchange program near the three public users, drug addicts, clean needles and home of our legislative body, and of housing developments. syringes. The evidence is clearly mixed freedom of our representative democ- The DCHAPD will continue to monitor all on it. We can get evidence, I suppose, racy by people all over the world. disbursement sites located near our public from those who are drug addicts. I housing developments and report accord- I thank the Chair. I yield back my ingly. If you have need for further informa- would not consider them the most time. tion, please feel free to call DCHAPD, Chief credible witnesses under any cross-ex- The PRESIDING OFFICER (Mr. Madison Jenkins, Jr., at (202) 535–2588. amination. Indeed both sides cite stud- REED). The Senator from Louisiana. Sincerely, ies. Whether it is a study in New York Ms. LANDRIEU. Mr. President, I MICHAEL KELLY, or Vancouver or various other studies, thank the Senator from Illinois for his Executive Director. these needle exchange networks only usual force and clarity in outlining create networks for drug users to ex- many good arguments supporting the AMERICAN PUBLIC HEALTH ASSOCIATION, Washington, DC, September 25, 2001. change information and drugs and have tabling of the Allen amendment. Hon. ROBERT BYRD, no positive impact whatsoever on drug I ask unanimous consent to have Chairman, Senate Committee on Appropriations, use nor do they have an impact on printed in the RECORD letters from the Washington, DC. stopping HIV transmission. American Public Health Association, DEAR CHAIRMAN BYRD: The American Pub- Of course, I do think AIDS and HIV the District of Columbia Housing Au- lic Health Association (APHA), consisting of ought to be addressed, but, as General thority, the nonprofit organization more than 50,000 public health professionals McCaffrey states, the way of doing it is dedicated to advancing the nation’s health, called Prevention Works, as well as the strongly urges you to oppose any amend- not to encourage and facilitate drug Whitman-Walker Clinic, Inc. ment to the FY 02 District of Columbia Ap- delivery devices that are cleaner than There being no objection, the letters propriations bill that would place further re- one would ordinarily use. were ordered to be printed in the strictions on the District’s needle exchange The main argument, though, is a ju- RECORD, as follows: programs. While APHA opposes any provi- sion to ban the use of federal, local or pri- risdictional one. I have the same gen- DISTRICT OF COLUMBIA vate money to fund needle exchange pro- eral sentiments as the Senator from Il- HOUSING AUTHORITY, linois when we are talking about local Washington, DC, June 5, 2001. grams, we are encouraged that the House Ap- propriations Committee did not include last control. I really do not like it. Notice Hon. TED STEVENS, Chairman, Senate Appropriations Committee, year’s extraordinarily burdensome restric- Virginia, of course, is not one of the tions on the operation of needle exchange U.S. Senate, Washington, DC. States that allows needle exchange. I programs in the District. We urge your Com- am one who generally, as a matter of Hon. C.W. BILL YOUNG, mittee to follow the House Committee’s lead philosophy, trust the people in the Chairman, House Appropriations Committee, and at a minimum, oppose last year’s oper- States. I believe the 10th amendment is House of Representatives, Washington, DC. ational restrictions. DEAR CHAIRMEN YOUNG AND STEVENS: As Since 1994, APHA has advocated for the de- very important as a part of our Bill of required by Section 150(b) of the District of Rights granting to the people in the velopment, implementation, evaluation, and Columbia Appropriations Act for Fiscal Year funding of needle exchange programs to help States those rights that are not specifi- 2001 (Public Law 106–522), the District of Co- prevent HIV infection. All APHA public pol- cally granted to the Federal Govern- lumbia Housing Authority Police Depart- icy is passed by the Association Governing ment. But this is an issue that has to ment (DCHAPD) submits to the House and Council and is required to meet strict sci- do with the District of Columbia. Senate Committees on Appropriations its re- entific criteria. APHA policy on needle ex- The District of Columbia is under the port on illegal drug activity at or near any change is no different—an enormous body of purview and oversight of the Congress public housing site where a needle exchange published research, including more than because it is the seat of Government. program is conducted. seven federally sponsored reports, dem- During the reporting period from January The part of the District of Columbia onstrates that needle exchange programs re- 1, 2001, to May 31, 2001, Prevention Works duce the spread of HIV while not increasing that remains is that which was ceded was the only organization administering a drug use by program participants or others for the seat of Government by the needle exchange program near a public hous- in the community where the program is con- State of Maryland. Virginia also grant- ing development. Distribution locations were ducted. These findings are also reflected in a ed some land, which is now Arlington at 15th and Ives Streets, SE, which is near March 2000 report released by Surgeon Gen- County. It was not necessary, and it Hopkins Apartments located at 1430 L eral David Satcher reviewing all of the sci- was retro-ceded to Virginia. Street, SE; Central and Southern Avenues entific research on needle exchange pro- Just to show how Congress recognizes SE, which is near East Capitol Dwellings lo- grams completed since 1998. cated at 5725 East Capitol Street, SE; and its special role in oversight as far as The current epidemiology of HIV/AIDS is 21st and H Streets NE, which is near clear—women and children are affected dis- the District is concerned, both the Langston Terrace located at 21st and proportionately by heterosexual HIV infec- House and the Senate have authorizing Benning Road, NE. During this period, there tion associated either directly or indirectly subcommittees specifically to address were no needle exchange distribution sites in with transmission from injectable drug the needs of the District. There is no operation directly on public housing prop- users. These new cases of HIV/AIDS that are Chicago committee or Kansas City erties. linked to injectable drug use largely can be committee or Oklahoma City com- During the reporting period, we monitored prevented through the provision of sterile mittee or Los Angeles committee in each of the areas where the needle exchange needles to drug users coupled with other pub- van operated near a public housing site so as the House nor a subcommittee on lic health tools including health education not to impact the behavior of needle ex- and condom distribution. them. change clients. Based on our observations, Needle exchange programs increase the To argue this is a States rights issue the maximum amount of time that the van contact that health professionals have with or 10th amendment issue negates and remained at any one site was approximately injectable drug users, thereby increasing op- clouds the reality that we have a re- 90 minutes. The activity in and around the portunities to conduct health education and

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21891 disease prevention activities, including drug that, in transmitting the District’s budget to treatment and other services are com- treatment and counseling. The efficacy of the Congress, the Bush Administration de- promised. Organizations that are allowed to these programs is proven—placing further re- leted section 150, which placed unduly re- get larger and more predictable public fund- strictions on funding and operations threat- strictive limitations on the operation of the ing do not face this challenge. en the District’s efforts to reach those indi- needle exchange program. We hope you will Obstacle to Collaboration: Prevention viduals most at risk of HIV infection. Public follow the lead of the Bush Administration, Works may be a client’s first or only contact health and saving lives must take precedence and also delete these provisions from last with the comprehensive network of service over politics. Your opposition to any further year’s bill, and further, enable the District providers in the District. However, our cli- restrictions on these important public health government to fund the program as other ents’ access to substance abuse treatment programs is critical. cities are allowed to do. and the rest of the public health infrastruc- Thank you for your consideration of our While the news of late has focused on the ture is hindered because community-based views and your attention to this critical pub- international AIDS crisis, we have a crisis of organizations and government agencies are lic health matter. our own in the District, which particularly hesitant to work with Prevention Works be- Sincerely, affects African Americans. District leaders cause of understandable fears of repercus- MOHAMMAD N. AKHTER, MD, MPH, and health officials are doing their best to sions on their own public funding. Executive Director. deal with the HIV crisis at home. I know you Participants Concerns: Increased restric- care about the health of the District’s peo- tions affect program consumers and increase WHITMAN-WALKER CLINIC INC, ple, and trust that you will demonstrate it the general stigma associated with needle Washington, DC, September 3, 2001. when you consider the District’s appropria- exchange. This increased stigma drives cli- Hon. MARY L. LANDRIEU, tions bill, and the District life-saving needle ents further underground rendering this pop- Chair, Committee on Appropriations, Sub- exchange program. ulation even more difficult to reach. In- committee on the District of Columbia, U.S. Thank you for your continued support for creased restrictions do not result in less drug Senate, Washington, DC. the District of Columbia. As you consider use, but they do lessen trust among a pre- DEAR SENATOR LANDRIEU: As Executive Di- this issue, if you have any questions or com- dominantly African American population rector of the Whitman-Walker Clinic, the ments, please feel free to call me at 202/797– that has been historically alienated from the largest HIV/AIDS service provider in the 3511. public health establishment. Washington, D.C. metropolitan area, I again Sincerely, Community Health Needs Ignored: Reduc- urge you not to include language in this A. CORNELIUS BAKER, ing HIV and other health risks among people year’s DC Appropriations bill that would re- Executive Director. who inject drugs is a national priority as de- strict the District’s ability to prevent the fined in Healthy People 2010. Currently pro- spread of HIV/AIDS. PREVENTION WORKS, hibited by Congress from funding Prevention In previous years, the Congress has added a Washington, DC, July 23, 2001. Works—the only program with an estab- series of overly restrictive prohibitions on Hon. MARY LANDRIEU, lished presence among this marginalized and the District’s AIDS prevention needle ex- Chair, Committee on Appropriations, Sub- hidden population—the District has no change program. This year, under your lead- committee on the District of Columbia, U.S. chance of effectively achieving these feder- ership, we hope that you will respect the de- Senate, Washington, DC. ally defined objectives. In addition, because cisions and policies of the District’s elected DEAR SENATOR LANDRIEU: I am writing as of new performance-based funding guide- officials and not include such provisions in the Executive Director of Prevention Works, lines, the ban on local funding for needle ex- the bill. Further, we ask that you oppose any the needle exchange program in the District change places future District funding in even efforts to add such restrictions by others of Columbia. Our mission is to curb the more jeopardy. during consideration of the D.C. appropria- spread of HIV, hepatitis, and other blood- The federally imposed restrictions on nee- tions bill. borne diseases among drug users, their sex- dle exchange do not improve the health of Sadly, the District of Columbia has one of ual partners, and newborn children. The Dis- any District resident. They merely limit ef- the highest rates of HIV/AIDS in the nation. trict has an AIDS rate over 10 times the na- fective outreach and prevention of deadly As of December 31, 2000, more than 13,000 peo- tional average. According to Health Depart- disease among the city’s most vulnerable ple had been diagnosed with AIDS, and more ment statistics, 36% of people living with residents. than 6,600 people were living with AIDS in AIDS here have been injection drug users. In Sincerely, the District. Approximately, one-third of all addition, almost a third (31%) of the cases PAOLA BARAHONA, MPH, AIDS cases in the District are attributed to attributed to heterosexual contact involved Executive Director. intravenous drug use. It is estimated that 1 sex with a drug injector. Our outreach and Ms. LANDRIEU. Again, I ask the in 20 adults is HIV positive. education are crucial to the health of our en- Senator from Illinois for any closing The spread of HIV can be prevented, and tire community. one scientifically proven way to do so is Elected officials in the District are aware remarks he might add. through needle exchange programs. Accord- of the AIDS pandemic here and its connec- Mr. DURBIN. Mr. President, how ing to the Centers for Disease Control and tion to drug use. That is why they funded the much time do I have remaining? Prevention, the number of these programs is needle exchange program from 1996 to 1998. The PRESIDING OFFICER. One increasing, with 131 needle exchange pro- Since October 1998 Congress has prohibited minute and 10 seconds. grams across the country in at least 81 cities the District from using logically raised pub- Mr. DURBIN. I thank all those who and 31 states, plus the District of Columbia. lic funds to support needle exchange. This have joined me on this side, including Four of these programs are conducted in the lack of public funding has had dramatic ef- the Senator from Rhode Island and the State of Michigan, with two in Detroit, one fects on our program and on our community, Senator from New Jersey. in Grand Rapids, and one in Kalamazoo. Al- as has this year’s Congressionally-mandated most 40 percent of all needle exchange pro- relocation of all exchange sites to a limited The District of Columbia is facing grams receive public funding. The good news area of the city. the worst HIV/AIDS epidemic in Amer- is that recent data presented at the 2001 Na- Program Instability: Prevention Works ica, nine times worse than the national tional HIV Prevention Conference shows cannot guarantee the same level of services average. The medical community and that programs are having an affect in de- each month because of insecure private fund- the law enforcement community of this creasing new transmissions. Moreover, ex- ing. city have asked us to give them the haustive scientific studies have all concluded Service Reliability Impaired: Having to tools and weapons to fight this epi- that needle exchange programs reduce HIV move our exchange sites has resulted in a di- demic. infection and do not increase drug use. minished client base because clients can not Needle exchange programs are supported find the program. The change appears arbi- The needle exchange program has by the American Medical Association, the trary to clients, and because sites no longer proven successful in fighting this epi- National Academy of Sciences, the American conform to patterns of high drug activity, demic. That is why we have to defeat Academy of Pediatrics, the American Bar many clients have been lost and may never the Allen amendment. To do otherwise Association, and the U.S. Conference of May- reaccess services. is to ignore the American Medical As- ors, among others. Even the recent United Program Services and Refferals Com- sociation and every major public Nations Declaration of Commitment on HIV/ promised: Having to monitor Congressional health group that has told us that nee- AIDS, signed by the United States, supports activity and pursue smaller and more numer- dle exchange programs work. To reject ‘‘access to sterile injecting equipment’’ as ous private funding streams means that val- one way of preventing the spread of AIDS. uable program resources are directed to the medical and scientific evidence and We have been heartened by your comments these administrative activities. Resources to take away this weapon against the that you do not support riders to the D.C. for monitoring and improving services are war on drugs and the war on HIV and Appropriations Bill. We are also pleased lost and the quality of linkages with drug AIDS is wrong.

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 21892 CONGRESSIONAL RECORD—SENATE November 7, 2001 We appropriate less than 10 percent DeWine Hutchison Santorum benefit of debate how much the judg- of the funds the district will spend out Domenici Inhofe Sessions ments are that are outstanding, how Enzi Kyl Shelby of Congress. The rest is their own Fitzgerald Lott Smith (NH) many there are, what moneys we may money, and they are only asking to Frist Lugar Snowe be saving, what moneys we may be spend their own money as 34 other Gramm McCain Stevens spending, and what the interest rates Grassley McConnell States do for programs that they think Thomas are. It would be very pertinent in try- Gregg Miller Thompson Hagel Murkowski are important to protect their citizens. Thurmond ing to resolve this issue. Hatch Nelson (NE) The Senator from Virginia may not Voinovich I say to the Senator from Texas and Helms Nickles Warner be surprised to find some Virginia li- Hutchinson Roberts to the Senator from Illinois that we cense plates at the needle exchange cannot really trust the documents we program in DC. We need to keep this The motion was agreed to. have. We will just do the best we can. program in place. Ms. LANDRIEU. Mr. President, I I appreciate the Senators feeling so The PRESIDING OFFICER. The time move to reconsider the vote, and I strongly about their respective posi- of the Senator has expired. move to lay that motion on the table. tions and hope the outcome will be Ms. LANDRIEU. Mr. President, I The motion to lay on the table was something that will serve the children move the Allen amendment be tabled, agreed to. of the District, their parents, the and I ask for the yeas and nays. The PRESIDING OFFICER. Under school system, and the taxpayers in The PRESIDING OFFICER. Is there a the previous order, the Senator from the fairest manner possible. sufficient second? Texas is recognized to offer an amend- The PRESIDING OFFICER. Under ment on which there shall be 60 min- There is a sufficient second. the previous order, the Senator from utes equally divided, 30 minutes of The yeas and nays were ordered. Texas is recognized. which are to be used at this time. The PRESIDING OFFICER. The Sen- Mrs. HUTCHISON. I thank the Chair. Ms. LANDRIEU. Mr. President, if the ator from Virginia. AMENDMENT NO. 2110 Senator from Texas will yield for just a Mr. ALLEN. Mr. President, I ask Mrs. HUTCHISON. Mr. President, I moment as she prepares to speak on unanimous consent that Senator NICK- send an amendment to the desk. her amendment, as you know, we have LES also be added as a cosponsor to this The PRESIDING OFFICER. The had a lot of consensus in this under- amendment. clerk will report. lying bill. We have worked very hard The PRESIDING OFFICER. Without The bill clerk read as follows: through many stages of our committee objection, it is so ordered. to bring consensus on some of these The Senator from Texas [Mrs. HUTCHISON), Mr. REID. I suggest the absence of a for herself and Mr. SESSIONS, proposes an issues. There is one issue that is going quorum. amendment numbered 2110. to require some debate and discussion. The PRESIDING OFFICER. The Mrs. HUTCHISON. Mr. President, I I hope between what Senator clerk will call the roll. ask unanimous consent that reading of HUTCHISON can bring to this debate and The bill clerk proceeded to call the the amendment be dispensed with. Senator DURBIN, we might be able to roll. The PRESIDING OFFICER. Without come to some joint resolution. It is un- objection, it is so ordered. Mr. REID. Mr. President, I ask unan- clear at this point if that will happen. The amendment is as follows: imous consent that the order for the This debate is going to move forward. quorum call be rescinded. I have to say with all due respect to Under ‘‘General Provisions’’ insert the fol- lowing new section: The PRESIDING OFFICER. Without both Senators, with whom I have vis- SEC. . (a) None of the funds contained in objection, it is so ordered. ited at length about this issue—so has Mr. REID. Mr. President, I ask unan- this Act may be made available to pay the Senator DEWINE—both have genuine imous consent that even though we are fees of an attorney who represents a party concerns for the schoolchildren of the who prevails in an action or any attorney probably a minute or so early, the vote District and the well-being of the who defends any action, including an admin- begin now. school districts. They are both very istrative proceeding, brought against the The PRESIDING OFFICER. Without passionate about these particular District of Columbia Public Schools under objection, it is so ordered. views. We were unable to come to a res- the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) If— All time has expired. The question is olution. So this debate will ensue. on agreeing to the motion. The yeas (1) the hourly rate of compensation of the I would like to speak about a couple attorney exceeds 300 percent of the max- and nays have been ordered. of things which are of concern to me as The clerk will call the roll. imum amount of compensation under section manager of this bill and as the appro- 11–2604(b)(1), District of Columbia Code; or The bill clerk called the roll. priations chair for the committee. (2) the maximum amount of compensation The result was announced—yeas 53, It is very disconcerting that we can- of the attorney exceeds 300 percent of the nays 47, as follows: not get the kind of information from maximum amount of compensation under [Rollcall Vote No. 328 Leg.] the District, or the CFO, or the school section 11–2604(b)(1), District of Columbia Code, except that compensation and reim- YEAS—53 board, or any other financial entity to bursement in excess of such maximum may Akaka Dodd Levin give us the details of outstanding judg- be approved for extended or complex rep- Baucus Dorgan Lieberman ments—how much they are, how many resentation in accordance with section 11– Bayh Durbin Lincoln there are, and that kind of informa- 2604(c), District of Columbia Code; and Biden Edwards Mikulski (3) in no case may the compensation limits Bingaman Ensign Murray tion. We are not able to verify some of Boxer Feingold Nelson (FL) the information that was sent to us, in paragraphs (1) and (2) exceed $3,000. Breaux Feinstein Reed which itself is a problem to me not (b) Notwithstanding the preceding sub- Cantwell Graham Reid section, if the Mayor and the Superintendent Carnahan Harkin only as manager of the bill but as chair Rockefeller of the District of Columbia Public Schools Carper Hollings of this committee. Sarbanes concur in a Memorandum of Understanding Chafee Inouye Schumer I hope we will be respectful of that Cleland Jeffords setting forth a new rate and amount of com- Clinton Johnson Smith (OR) issue as we debate whether it is appro- pensation, or a new limit referred to in sub- Collins Kennedy Specter priate to have caps for attorneys rep- section (a)(3), then such new rates or limits Conrad Kerry Stabenow resenting children and families with shall apply in lieu of the rates and limits set Corzine Kohl Torricelli special needs—whether or not it is ap- forth in the preceding subsection to both the Daschle Landrieu Wellstone attorney who represents the prevailing party Dayton Leahy Wyden propriate to have caps based on the data. But if people are looking to us or and the attorney who defends the action. NAYS—47 (c) Notwithstanding 20 U.S.C. § 1415, 42 to the staff for some specifics, we have U.S.C. § 1988, 29 U.S.C. § 794a, or any other Allard Brownback Campbell tried our best. It is a real problem, Allen Bunning Cochran law, none of the funds appropriated under Bennett Burns Craig when we don’t have this information, this Act, or in appropriations acts for subse- Bond Byrd Crapo to be able to explain to people for the quent fiscal years, may be made available to

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21893 pay attorneys’ fees accrued prior to the ef- proving special education programs for Mrs. HUTCHISON. I would like to fective date of this Act that exceeds a cap disabled and special needs children. read briefly from that letter: imposed on attorney’s fees by prior appro- This effort has significantly im- It is our determination that the exclusion priations acts that were in effect during the proved the availability and quality of of [the cap] could result in an additional cost fiscal year when the work was performed, or special education. They have also been of at least $44 million to the District of Co- when payment was requested for work pre- lumbia Public Schools in FY 2002. . . . It is viously performed, in an action brought able to reduce the backlog of initial as- our collective opinion that the result of such against the District of Columbia Public sessments of special education children an expenditure will seriously and adversely Schools under the Individuals With Disabil- from 1,805, before the imposition of the affect our ability to provide education mate- ities Act (20 U.S.C. § 1400 et seq.). cap, to 143 as of March of this year. rials, textbooks, and operational support to Mrs. HUTCHISON. Mr. President, Now they are hiring new special edu- the students, teachers, and staff of the DC Senator SESSIONS and I are offering cation teachers, purchasing new assist- schools. This will, as a consequence, further this amendment for one simple reason: ive medical devices, and providing new jeopardize the opportunity of our children to We want to improve the quality of edu- training and education for existing spe- receive a quality education. cation for the District of Columbia. cial education teachers. I urge my colleagues to vote for this Our amendment will preserve an esti- So what we are trying to do with this amendment. It is a reasonable cap. We mated $44 million for special education amendment is make sure the education are not trying to starve lawyers. We funding in the District. dollars, which are so crucial for the want legitimate lawyers to be able to The amendment will continue a pro- District to improve the quality of edu- earn a living. But $150 an hour is quite vision contained in the last three DC cation and the quality of special edu- a legitimate amount to spend. I think appropriations bills that cap the allow- cation, stay in the education budget if anyone has the legitimate interests able fees an attorney may charge for a rather than going to pay lawyer’s fees. of the school district at heart, they child’s special education placement in I ask unanimous consent that a let- will listen to the superintendent of the District of Columbia. We raise the ter the president of the school board schools and the president of the school cap in the present law from $125 an and the superintendent of D.C. schools board to let them do what they believe hour to $150 per hour, and a per-case have written in support of our amend- they need to do to improve the edu- limit from $2,500 to $3,000. ment be printed in the RECORD. cation in the schools. And they do not There being no objection, the letter Our amendment also continues a pro- want to spend this money on lawyer’s was ordered to be printed in the vision contained in last year’s bill that fees. allows the District of Columbia, acting RECORD, as follows: They are doing the best they can. through the mayor and school super- DISTRICT OF COLUMBIA There are no complaints—or maybe intendent, to waive those caps if they BOARD OF EDUCATION, there are complaints; I guess there are Washington, DC, October 26, 2001. believe it is in the best interest of the complaints against every school dis- Hon. KAY BAILEY HUTCHISON, D.C. students to do so. U.S. Senate, Russell Senate Building, trict, but there are no complaints that I also point out that our amendment Washington, DC. they are not making every effort to in- will prevent an estimated $32 million in DEAR SENATOR HUTCHISON: On behalf of the crease the quality of and the number of retroactive attorney’s fees from being District of Columbia Board of Education and children they can serve in these special awarded, as has been threatened by the the DC Public Schools, we are writing to needs classes. D.C. Circuit Court. That court has strongly urge you to include language in the Madam President, I now would like ruled that should this fee cap be lifted, FY 2002 appropriations bill for the District of to reserve the remainder of my time. I Columbia that provides a cap on the amount they will go back and actually undo of funds expended for special education at- ask that either Senator DURBIN or Sen- the will of Congress by awarding all torney fees. Specifically, we are requesting ator SESSIONS be allowed to speak. Sen- the billed attorney fees in excess of the language comparable to that contained in ator SESSIONS is my cosponsor. I do not caps during the last 3 years. the District of Columbia Appropriations Act know if Senator DURBIN wishes to Our amendment is supported by the of 2001, P.L. 106–522. speak first. school board and the superintendent of It is our determination that the exclusion The PRESIDING OFFICER (Mrs. of such language could result in an addi- schools in the District. And the mayor CARNAHAN). Who yields time? has told me he also has supported this. tional cost of at least $44 million to the Dis- Ms. LANDRIEU. Madam President, I trict of Columbia Public Schools in FY 2002 They support it because it allows them (including approximately $32 million in fees yield time, as stated in the unanimous to put the dollars in education for the subject to the cap in FY 1999 through FY 2001 consent agreement, to the Senator children. They are trying to use the that could now be billed, plus at least $12 from Illinois for a response to this money for the education programs. In million in new fees no longer subject to the amendment. Then probably, after the fact, they have put the money they cap). It is our collective opinion that the re- Senator from Illinois speaks, the Sen- have saved since the caps were put in sult of such an expenditure will seriously ator from Alabama would like to place, that would have gone to attor- and adversely affect our ability to provide speak. And then Senator MURRAY could ney’s fees, into the special needs pro- educational materials, textbooks, and oper- be recognized in morning business. ational support to the students, teachers, grams, and they have increased the and staff of the DC schools. This will, as a The PRESIDING OFFICER. The Sen- number of children who now can be consequence, further jeopardize the oppor- ator from Illinois. taken into the programs. tunity of our children to receive a quality Mr. DURBIN. I thank the chair of the Why is our amendment necessary? In education. subcommittee for yielding to me. fiscal year 1998, the District of Colum- We are grateful for your past support of Madam President, several years ago bia spent $14 million solely to pay at- our efforts to improve the quality of edu- Congress decided to pass a law which torneys who challenged the District’s cation provided to the children of our City was revolutionary. It said that in the placement of special education chil- and we look forward to working with you to United States of America, if you had a continue to build upon our growing accom- dren. The next year, in fiscal year 1999, plishments. Your support of this request will child who needed special educational the District spent $3.5 million in attor- be a significant step toward further realiza- assistance, we were going to try to help ney’s fees. This meant that the District tion of our mutual goals for education. that child. It really was a commitment had approximately $10 million in addi- Thank you in advance for your consider- that had never been made before. tional funds for the education of these ation of this matter. Should you have any I can recall, as a child growing up in children. The District allocated all this questions or require additional information, my small hometown, that it was rare money saved to improving the quality please do not hesitate to contact us. to see kids with learning disabilities Respectfully, of their special education programs. and physical disabilities in my class- Ms. PEGGY COOPER And those programs have continued. CAFRITZ, room. I do not know where those kids Over the next 3 years, D.C. allocated President. were. They were certainly here on $32 million in funds that would other- Dr. PAUL L. VANCE, Earth, but they were not in the class- wise have gone to pay attorneys to im- Superintendent. room.

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 21894 CONGRESSIONAL RECORD—SENATE November 7, 2001 So Congress said: We are going to how much effort is put up by the school stand the D.C. appropriations bill change that. We are going to open the board to stop this child from coming passed by Congress may limit how doors of education in the schools across into special education, no matter how much Congress can pay out to those America to children with special much is involved in it, no attorney is lawyers, but that is not going to limit needs—kids who are disabled, mentally paid more than $3,000, period—none, our right under the IDEA bill to award and physically, kids who have learning not a penny. these attorney’s fees. disabilities. We are going to give them That $3,000 limit does not apply in So what has happened? a chance. Texas, does not apply in Illinois, Wash- Let’s assume in a case that an attor- That bill passed with an over- ington State, Alabama, or any other ney works long and hard for many whelming, bipartisan vote because it State. The Senator from Texas would years on a special education case and sounded so right and so American for have us apply that here in the District the court says, you are entitled to us to stand up and say: That is why of Columbia. $10,000 in attorney’s fees. The America will be different. So when you put a limit on the attor- Hutchison amendment says, no, D.C. We knew, when we passed that bill, it ney’s fees in complicated and difficult can only pay $3,000. What happens to would not be easy because many of cases, how easy is it for a person, a the difference; what happens to the these children really need special at- family, a mother and a father, to find $7,000? The $7,000 is still an obligation tention. I have seen it in classrooms an attorney to represent their son or of the District of Columbia. Senator across Illinois and people have seen it daughter? It becomes increasingly dif- HUTCHISON is not doing the District across the Nation. But the success sto- ficult. any favor. ries are so gratifying, that children, What the Hutchison amendment does What is happening is all of these who would have been tossed in the is to close the courthouse door, close awards in court above the Hutchison trash heap just a few years ago, are the opportunity for administrative payment level continue to build up in given a chance. With special education hearings for children who are seeking the District of Columbia, and interest and special assistance, they can be- special education in the District of Co- is running on them. This mountain of come productive citizens in America lumbia. debt for the District of Columbia is and have a good, wholesome, and happy Need I remind my colleagues, the going to be there whether Senator life. District of Columbia is one of the poor- HUTCHISON or Senator DURBIN like it or Democrats and Republicans said: est cities in America. There are chil- not. It is a reality. In every city and This is a good thing for us to do. But dren in this city who, through no fault school district across America, they what are we going to do about school of their own, came to the Earth in the face their legal obligation—in Texas, districts that turn these kids down, usual way—as Harry Chapin used to Louisiana, Alabama, and in Illinois. that will not give them the chance to sing in a song—who came to the Earth But Senator HUTCHISON would say we go into the schools, where the parents in the usual way with a lot of prob- won’t face that legal obligation when it are distraught, where they have no lems, disabilities. These kids, through comes to the District of Columbia. place to turn? What are we going to do no fault of their own, will find the The root problem is the weakness in that situation? schoolhouse door is closed to them be- and poor performance of the D.C. pub- The law said, if it comes to that, if cause of the Hutchison amendment. lic school system. They come racing to the school district will not accept the She has said these kids cannot have us now and say, we don’t want the at- child who needs special education, the same legal representation as chil- torneys who want children to come in there may have to be a hearing. Of dren all across America who are asking as special education children to be paid course, hearings involve attorneys. An for an opportunity for special edu- what they are entitled to be paid by attorney would have to stand up for cation. Her war is against trial law- the court. that child and that child’s family and yers. I used to be one. I plead guilty as Litigation is merely a symptom of a try to give that child the chance the charged, Your Honor. But I can tell larger problem. Fifteen percent of the parents want. you, to say that no lawyer will spend kids in the D.C. public school system Who will pay for that attorney, be- more than 20 hours on any case involv- are special needs children, 10,500 chil- cause some of these kids are from the ing special education is just terrible. It dren. The appropriate way to reduce poorest families in America. They are is terrible when you consider the out- the burden of litigation on the D.C. not all rich families and rich kids. The come. The losers here won’t be the public school system is for the system law said, when it comes to that issue, trial lawyers. They will find other to comply with the law and provide the the court will decide. If the attorney work. The losers be will be the children services and education that children representing that disabled child—a and their families who do not want to with special needs deserve in every child with a learning problem—prevails give up hope for these kids. State in the Union, and every school in the lawsuit, the court can award at- Senator HUTCHISON says it is a mat- district in America plays by those torney fees to the attorney who rep- ter of dollars and cents: Either give it rules. But not under the Hutchison resented the child, and the school dis- to the trial lawyers or give it to the amendment. She has said there will be trict that resisted bringing the child in school district. Certainly, the schools one exception: the District of Colum- for special education will have to pay of D.C. and schools across America bia, one of the poorest cities in Amer- the attorney fees. need more money. But does this meet ica with children suffering from learn- I have just stated the law in Amer- the test of fairness and justice? Does it ing disabilities. That system, those ica. Through her amendment, the Sen- meet the test of those who proudly children, those families will not have ator from Texas wants to change what voted for the IDEA legislation and said the same legal representation as kids I have just described in one city—the they really cared about special edu- across America. District of Columbia—to say that in cation? It does not meet that test. Singling out the District of Columbia this, the Nation’s Capital, we will not Let me tell you something else that is just plain wrong. This isn’t a war play by the same rules that Texas, is unintended perhaps but has to be against trial lawyers. This is a war Louisiana, Ohio, and every other State, said: When Senator HUTCHISON limits against poor children who need a help- including Alabama, plays by. No. In the amount the District of Columbia ing hand. That is just not fair. the District of Columbia we are going can pay to any lawyer representing any I asked before in the earlier debate, to do it differently. We are going to child, no matter how complicated the why is it when this appropriations bill say, in the District of Columbia, no case, to $3,000, do you know what the comes to the floor, every Member of matter how complicated the case, no D.C. courts have said? They have said: the Senate and House wants to turn matter how many problems that child We reject that. We are going to award into a mayor or a member of the city might have, no matter how many hear- to these attorneys the fees to which council? Time and again we defer these ings might be necessary, no matter they are reasonably entitled. We under- judgments to the city council and

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21895 mayor. In Springfield, IL, and Chicago, nerable children at an even greater disadvan- Ms. LANDRIEU. That would be fine, IL, we say: It is your call. When it tage. For all of these reasons we ask that the of course, under the consent agree- comes to the District of Columbia, no, Senate follow the House and eschew any pro- ment, because the Senator from Wash- we want to superimpose our decision, vision limiting attorneys fees for prevailing ington State is on the floor and wants parties under the federal Individuals with our judgment. It is not fair for the Dis- Disabilities Education Act. to speak not on this amendment but as trict of Columbia public school system Sincerely, in morning business. I was just inquir- to be standing here begging to be treat- SHARON AMBROSE, ing. The Senator from Alabama is enti- ed as a home rule unit and then say to Ward 6. tled to proceed. Congress: Make sure you carve out a DAVID CATANIA, The PRESIDING OFFICER. The Sen- little exception for D.C. when it comes At-Large. ator from Alabama. to special education students. They KEVIN CHAVOUS, Mr. SESSIONS. Madam President, want to have it both ways. Chairman Comm. on the Individuals with Disabilities Edu- Education & Librar- cation Act has done a lot of great The mayor, whom I respect very ies. much, has talked out of both sides of things. It has had a consistently strong ADRIAN FENTY, goal to mainstream disabled children his mouth on this issue. I don’t know Ward 4. where he stands on this issue. I can’t JIM GRAHAM, into regular classrooms. follow it. I really respect this man. But Ward 1. I have in the last year or so visited 20 eight members of the D.C. city council PHIL MENDELSON, schools in my State. I try to take the have written a letter, a compelling let- At-Large. opportunity each time to meet with ter. I ask unanimous consent that the KATHY PATTERSON, the principals and teachers in a con- Ward 3. letter from the D.C. council of Sep- ference and ask them about their prob- CAROL SCHWARTZ, lems, what are their frustrations, what tember 24 be printed in the RECORD. At-Large. There being no objection, the letter is working, what is not working, what Mr. DURBIN. These include Repub- was ordered to be printed in the can we do in the Federal Government lican as well as Democratic and Inde- to help them. RECORD, as follows: pendent members of the council. They The thing I hear over and over COUNCIL OF THE write in part: again—and I ask Senators if they hear DISTRICT OF COLUMBIA, Washington, DC, September 24, 2001. The position of the Council and Mayor is the same thing; I suspect they do—is Re: special education attorney fees. quite clear: we adopted a proposed budget that the Individuals with Disabilities that contains no cap on attorneys fees. Our Education Act has become a legal Hon. MARY LANDRIEU, objections to a fee cap include: nightmare. It has created laws that are Chairwoman, Subcommittee on the District of A cap makes it more difficult for children Columbia, Senate Committee on Appropria- not helpful and are costing the schools to obtain special education to which they are tremendous sums of money in litiga- tions, Hart Senate Office Building, Wash- entitled. It is a simple fact: a cap on fees re- ington, DC. duces the number of attorneys willing to tion. It is not helping children in ways DEAR SENATOR LANDRIEU: As the Congress take such cases and, therefore, reduces ac- we would like to help them. Yes, we considers the District’s appropriation for fis- cess to counsel. want to mainstream every child who cal year 2002 we understand that the House A cap discriminates against low income can be mainstreamed. has dropped any provision limiting attorney children. I will share this story. I attended a fees in special education cases. We hope and The effect of the cap is to treat the chil- wonderful, award-winning elementary urge that the Senate agree. dren of the District of Columbia differently— As you know, the federal Individuals with school in a mid-size town in Alabama. and less favorably—than any other child in It was so well decorated. It was the Disabilities Education Act (20 U.S.C. 1400 et any other state in the nation. seq.) mandates special education for children first week of the school year. The with learning disabilities, and provides that I was a practicing attorney before I classrooms were well appointed, well where a child must go to court to effect his came to Congress, and there are some organized, with bulletin boards of first or her right that child (if he wins) is entitled wonderful people who are involved in quality. My wife taught elementary to have his attorney’s fees paid by the gov- pro bono—free—legal work. They do school a number of years, and I know ernment. That the District has been singled great work. There are also some attor- about those things and what you are out for the last three years with a limit on neys who can’t find any other kind of supposed to do. The principal told me the fees has been a matter of great con- work; they are not up to it. I don’t troversy. this story. The position of the Council and Mayor is think we should put the future and fate He said: The first day of school, when quite clear: we adopted a proposed budget of these special ed kids in the hands of we were working as hard as we could to that contains no cap on attorneys fees. Our an attorney who may or may not be do all the things necessary to make objections to a fee cap include: qualified to handle the case. That is ex- that first day a great day for the kids, A cap makes it more difficult for children actly what we are doing. I spent that afternoon and until 7:30 to obtain special education to which they are This is discrimination against the that night with 13 individuals, includ- entitled. It is a simple fact: a cap on fees re- special ed kids in the District of Co- ing a group of lawyers, over how long duces the number of attorneys willing to lumbia. The District of Columbia take such cases and, therefore, reduces ac- an individual child should be kept in cess to counsel. school system should be ashamed that the mainstream classroom. A cap discriminates against low income they have called on this Congress to This child had a serious emotional children. Affluent families can afford legal perpetuate this injustice. I hope this disability and was not going to be re- representation; the cap affects them but Congress will think twice. If you voted moved from school but would be put in they still have an economic ability to help proudly for IDEA, if you really stand an alternative setting where the dis- their children. for children with disabilities, then for ability could be dealt with. But the The effect of the cap is to treat the chil- goodness’ sake give them the legal parents and lawyers wanted the child dren of the District of Columbia differently— and less favorably—than any other child in rights to pursue the right they have to be mainstreamed. In the previous any other state in the nation. District chil- under law. year, I believe that child had been in dren have fewer rights with the cap. I yield the floor. the classroom 1 hour a day. The prin- The way to improve special education in Ms. LANDRIEU. May I inquire how cipal had concluded the child didn’t the District of Columbia must be pro- much time the Senator from Alabama need to do that. He was disrupting the grammatic—improve the programs rather might need to speak on this amend- classroom and the child would not ben- than limit the advocacy for special needs ment? efit from being in the classroom an children. Mr. SESSIONS. I will finish the time hour a day, and he decided to change We want public school children to obtain the best possible education. Reforms must be of Senator HUTCHISON. How much time that policy. So they did that under the done in a way that does not disadvantage does the Senator have? individual plan for the child. As a re- children. It is our strongly held view that The PRESIDING OFFICER. The Sen- sult, an objection was raised. The com- the cap on attorney fees places already vul- ator from Alabama has 81⁄2 minutes. promise—he told me this, and I find

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 21896 CONGRESSIONAL RECORD—SENATE November 7, 2001 this unbelievable—was that the child it is in the contract, which it normally being devoted to sort of mainstream was allowed to be in the classroom for is not. Most people in America file a children because of the complicated 15 minutes a day. After all of that. lawsuit, they pay their lawyer out of rules about special needs and also gift- As part of that settlement, the what they recover. So we have given a ed children. It is a problem and it has school was obligated to pay the lawyer special advantage to lawyers in dis- to be worked out. I agree with the Sen- who brought the allegation because the ability cases and in several other in- ator. My disagreement is that this child had prevailed—at least in some stances in lawsuits against Govern- amendment doesn’t actually fix that part. So they had to pay the lawyer’s ment agencies. We have agreed to pay problem, and it makes it worse, not fee for their lawyers and the lawyer’s their legal fees, but they are not guar- better, which is why I probably cannot fee of the people on the other side. The anteed unlimited legal fees, guaranteed support this exact amendment and why teachers and all who had relevant in- to be paid forever, however much they we have tried to work out some com- formation about this had to disrupt want or whatever some judge may promise between the Senators. their first day of school to meet and agree to award them. I wanted to say that for the record, meet and meet. They had to prepare So I think this is a reasonable and I want to also say that in limiting and they had to talk to experts and amendment. It is a serious request of the attorney’s fees to $150 an hour, have expert testimony about this child the school board of this city, which is which doesn’t seem to many people to and what they could do—all because of facing an avalanche of lawsuits. There be much of a limit—that is quite a lot the Federal education disabilities act. were nearly 2,000 last year. None of this of money to make, particularly in We want to help children who can be money that is expended—the $10.5 mil- these times. But the problem the Sen- in the classroom—children who have lion that was saved last year is not ator, as an attorney and prosecutor, sight disability, who can’t hear, or being thrown away. The $10.5 million should know is the real problem is the children who have other disabilities that is saved can be used to help dis- overall limit of $3,000 per case. and are in wheelchairs; they need to be abled children and provide them better mainstreamed. We want to achieve programs. If we pay out more money in So what happens is an attorney basi- that. Nothing here would say other- legal fees, from where do people think cally can only spend 21⁄2 days. That wise. There are a lot of problem areas, it is coming? It is coming from the would allow them to process one or two though, and there is a cottage industry children. That is where it is coming motions and may not cover them until of lawyers who are filing lawsuits regu- from—the people we want to help. We the end of the case. larly. need to address nationally some of the These are long and complicated and, The District of Columbia tells us litigation that is arising with the Indi- as he has described, very difficult they had nearly 2,000 cases last year, viduals with Disabilities Education cases. That is the problem Senator and they are over the kinds of issues Act. There is not a superintendent of DURBIN is trying to raise. So I hope we about which I am talking. These chil- schools in America who has been on can resolve it. Maybe the good pros- dren are not being thrown on the ash the job very long, I suggest—or cer- ecutor, my colleague from Alabama, heap. The question often is, What kind tainly very few who would suggest this would have a suggestion about that to of program or benefit do they get? Do system is working effectively. us. they stay in the main classroom or go Principals tell me all the time it is a to a special education classroom. nightmare for them. It is disrupting f We had a case in Alabama—and this their ability to educate our children. is true all over America—where a child They tell me the child who is getting MORNING BUSINESS was so unable to control himself—ap- hurt is the average child. There are parently unable, or at least did not special programs for the bright chil- The PRESIDING OFFICER. Under control himself—an aide was hired by dren and for those with disabilities, but the previous order, there will now be a the State to meet him at the school the average child is getting short- period for the transaction of morning bus stop in the morning, go to school changed. Oftentimes, teachers are so business not to extend beyond the hour with that child, sit with him all day in frustrated they are leaving the profes- of 2:30 p.m. with Senators permitted to the classroom, and come home with sion. They are being sued for how they speak therein for up to 10 minutes each him in the afternoon. This is happening handle difficult circumstances. and with the time to be equally divided all over America. The PRESIDING OFFICER. The time and controlled by the two leaders or The lawyers and the regulations are of the Senator from Alabama has ex- their designees. impacting principals and teachers who pired. The Senator from Washington. love children. They want to see chil- Mr. SESSIONS. I thank the Chair dren do well, and they want to see and reiterate my support for the Mrs. MURRAY. Madam President, I every child reach their highest and Hutchison amendment. intend to speak as in morning business. fullest potential; but they are being The PRESIDING OFFICER. The Sen- I believe the Senator from Minnesota handicapped by complex regulations ator from Louisiana. would like to propound a unanimous and litigation. I say that in general. Ms. LANDRIEU. Madam President, I consent request. Then I will say this: $150 an hour is not want to speak for a moment. The Sen- Mr. WELLSTONE. Madam President, unusual. There are a lot of regulations ator from Washington wants to be rec- I ask unanimous consent that I follow that we have where the hourly fees are ognized. I want to say this: I voted the remarks of the Senator from Wash- lower than that. Criminal defense at- with Senator SESSIONS on the last ington in morning business. torneys are paid less than that in most amendment he offered on this subject. States in America. $150 an hour is a 20- I actually agreed very strongly with The PRESIDING OFFICER. Without percent increase over the current law. what he said. Many of us on both sides objection, it is so ordered. This Hutchison amendment is a 20- of the aisle voted with him, as he has The Senator from Washington is rec- percent increase over current law in outlined so beautifully some of the real ognized. the District of Columbia. This was re- problems with special education as far Mrs. MURRAY. I thank the Chair. quested by the District of Columbia. as Federal rules and regulations go. We They say, well, you don’t cap other are all well intended. We all want to (The remarks of Mrs. MURRAY and lawyer’s fees. Other lawyers don’t have help these children, but there is a Ms. SNOWE pertaining to the introduc- their fees capped. major disagreement and debate about tion of S. 1643 are printed in today’s Let me say this: If someone cheats whether the rules are actually helping RECORD under ‘‘Statements on Intro- you on a contract and you sue them or hurting. duced Bills and Joint Resolutions.’’) and you win the lawsuit, they don’t The Senator is absolutely correct The PRESIDING OFFICER. The Sen- pay you anything for legal fees, unless that many of our resources are not ator from Minnesota.

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21897 UNANIMOUS CONSENT REQUEST— for VA comprehensive homeless centers I yield the floor. S. 739 in our major metropolitan areas in The PRESIDING OFFICER. The Sen- Mr. WELLSTONE. Madam President, America today to have kind of a one- ator from Alaska. Mr. MURKOWSKI. May I ask the I ask unanimous consent that the Sen- stop continuum of services for vet- time I have reserved for morning busi- ate proceed to the consideration of Cal- erans. ness? endar No. 191, S. 739, the Homeless Vet- I would like to know what is going on in the Senate. I would like to know The PRESIDING OFFICER. The Sen- erans Program Improvement Act, why this legislation is being blocked. I ator may speak for up to 10 minutes. which my colleague, LANE EVANS, and I will say with great regret—I said it Mr. MURKOWSKI. Madam President, have called the Heather French Henry last week, and I said it the week be- I ask unanimous consent that I be al- Homeless Veterans Assistance Act fore—I will put a hold on all the legis- lowed to speak for 20 minutes. after the wonderful work she did as lation, not the major appropriations The PRESIDING OFFICER. Without Miss America in behalf of homeless bills and judicial appointments, that objection, it is so ordered. veterans. Her dad is a disabled Vietnam individual Senators on the other side Mr. MURKOWSKI. I thank the Chair. vet. I ask unanimous consent that the have sponsored. This legislation should f committee-reported substitute amend- go through on unanimous consent. It is ment be agreed to, that the bill, as ENERGY SECURITY not controversial. It has the support of Mr. MURKOWSKI. Madam President, amended, be read three times, passed, all of us. But I have no other choice we are all aware of the shocking events and the motion to reconsider be laid but to do so. I have no other choice but that occurred on September 11. We are upon the table with no intervening ac- to fight like the dickens and use my le- certainly aware of the vulnerabilities tion or debate. verage. I have been around the Senate The PRESIDING OFFICER. Is there that were shown to our Nation by this for 11 years now, and I know the way objection? action. As we reflect on the risk today, things work. Mr. SESSIONS. There is objection on It is very rare that today we continue I think we would acknowledge that this side, and I object. to have these anonymous holds on leg- never in our history have we, as a na- The PRESIDING OFFICER. Objec- islation such as this to help homeless tion, been forced suddenly, shockingly, tion is heard. veterans. The only way I can fight and to reevaluate almost every aspect of Mr. WELLSTONE. Madam President, the only way I can continue to make our life. I have to say, not so much to my col- this a priority—it is a priority to me, Americans must make a choice now league from Alabama because he is it should be a priority for every Sen- about risks; we must make choices we really objecting on behalf of someone ator, and it should be a priority for our never thought we would have to make. else, that I find this process to be abso- country—is to ask my colleagues to go From our mail to our shopping malls lutely outrageous. and spend some time—and maybe many to ball games, life in America is now a I believe the veterans community of my colleagues have—in homeless reflection, looking back through the finds this process to be absolutely out- shelters, meeting with street people. lens of terror. Surveying that risk, per- rageous. This is the fourth or the fifth My colleagues would be amazed at how haps no single area causes greater con- time I have come to the Senate to ask many of them are veterans, how many cern than that of energy as a con- unanimous consent to pass this legisla- of them are Vietnam vets. Surely we sequence of our increasing dependence. tion. We have a similar version in the can do better. We rely on safe, stable, affordable, House of Representatives that has Anonymous hold? I do not know why. and plentiful supplies of energy to passed. We can really get this done. I guess I have my own suspicion, but I power our progress, but the choices This is an anonymous hold that has will say this: I have a hold on all the made on energy have left us vulnerable been put on this bill. I have to say I am bills from individual Senators on the and exposed on two different fronts, more than surprised. I have now be- other side, and they are going nowhere two fronts that add up to our Nation’s come indignant that we have a Senator until whoever the Senator is steps for- energy security, and I will discuss on the other side who will not come to ward and either debates me and we those today. the Senate Chamber and debate me on have a vote or that Senator takes this A report detailing these risks was re- this legislation and express his or her hold off. ceived yesterday by Gov. Tom Ridge, opposition and reasons why. I will say this: I do not blame the head of Homeland Security. What he This legislation passed out of the Senator for wanting to remain anony- did was itemize some of the risks we Veterans Committee I think on a 21–0 mous. I would want to remain anony- have at home. We have seen a great vote. It was unanimous. It was Demo- mous if I were blocking this legisla- deal of publicity given to the realiza- crats and Republicans alike. tion. We can do better for veterans in tion that about 20 percent of our en- It is a familiar principle among vet- our country. We can do better for vet- ergy is produced by nuclear power- erans in our Armed Forces that we do erans in a lot of different ways, but plants. We have about 103 reactors not leave our wounded behind. Home- this is legislation where a lot of us around the country producing clean, less veterans are our wounded, and we came together on both sides of the affordable energy. The fact the energy are leaving them behind. The VA has aisle. We have done some good work. It is affordable, reliable, and free of emis- reported there were about 345,000 home- is not the cure-all or end-all. I do not sions such as greenhouse gases, is very less vets in our country in 1999, and want to make this out to be perfect, appealing. However, there is no free there are yet even more homeless vet- but I say to my colleague from Georgia lunch. Nuclear power does create a by- erans as we see this economic down- it makes life a little better for some product that must be dealt with, but turn. people. In this particular case it hap- when managed responsibly and stored What does the bill do? It sets a na- pens to be veterans. It is the kind of safely this waste poses no threat and tional goal to end homelessness among thing we should be doing in public serv- no risk to public health. veterans within 10 years. Who is op- ice, and I cannot understand where this I might add, in the several decades of posed to that? The bill provides fund- anonymous hold comes from or why. generating nuclear power in this coun- ing, authorizes $50 million for some Every day I am coming to the Cham- try, we have never had a casualty asso- programs that really have a good track ber and I am going to do the same ciated with the operation of nuclear re- record—I will not even go over all of thing. I am going to continue to have a actors for power generation. them today—for job training, for treat- hold on all this other individual legis- So the industry, as well as govern- ment for addiction, for other transi- lation sponsored by individual Sen- ment, has done an extraordinary job of tional services that are so critical to ators on the other side until this bill proving nuclear energy has a signifi- veterans: job counseling, social serv- goes through. cant place in our energy mix. ices, medical services, assistance in Other than that, I do not feel strong- In 1982, the Government made a getting into affordable housing, calls ly about it. promise to the American people to

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 21898 CONGRESSIONAL RECORD—SENATE November 7, 2001 take care of that waste and provide a reality is we have to put it somewhere. zone over that country, putting our permanent repository. The contractual The $6 billion expended on Yucca young American people’s lives at risk agreement was that the Government Mountain clearly indicates Yucca with a blockade in the sky. With the would take the waste in 1998. Mountain was the favorite site. Unfor- oil money, he is paying his Republican Madam President, 1998 has come and tunately, our previous President ve- guards to keep him alive. He is also de- gone. Today, after years of delay, bu- toed the bill, and the waste sits, no veloping capability for a missile, with reaucratic wrangling and $12 billion in closer to a permanent home. The waste perhaps a biological warhead. Where taxes collected from the ratepayers is there, exposed and vulnerable, pre- does he aim? Most of those items of who depend on nuclear power, that senting another target for potential terror are at our ally, Israel. That may promise made by the Federal Govern- terrorists, nestled in our communities, be an over simplification of foreign pol- ment to take the waste remains beside our schools, homes and families. icy, but one could reach that conclu- unkept. It is irresponsible to not address this sion. I don’t know the opinion of the agen- situation. We could be far less dependent today cies regarding the sanctity of a con- I don’t want to prolong the argument if we considered the merits of opening tract, but this was a contract. There relative to the issue of the danger of this area. Using conservative esti- are lawsuits pending for the lack of ful- this waste. It is being monitored by the mates, in the 6 years that have elapsed fillment of the terms of the contract, best oversight available, the best pro- since the President last vetoed the somewhere in the area of $40 to $70 bil- tection, the best security. Still, it is ANWR bill, that would have been more lion. Instead of storing the waste in a not designed to stay where it is. We than enough time to have researched central, single, secure facility where should put this waste in a central re- that tiny sliver of land, built the infra- we can concentrate all of our resources pository, designed to take the waste structure on 2,000 acres, and gotten the on keeping it safe, nuclear waste is and pool it until we meet the deter- oil flowing. being scattered across the country. We mination of whether we will put it un- I have a chart that puts it in perspec- have it in our powerplants, we have derground permanently or reprocess it. tive. It is important, as we address this outside some of the plants storage in I will discuss the other risk relative issue—and this Congress will address containers, casks designed for that to our energy, and that is the risk this issue either by an agreement with storage, but these are not permanent. overseas. Our risks grow greater as we the Democratic leader to allow time We have shut down plants where the leave the confines of the United States, for an energy bill to come up or it will waste is being stored. These plants where at least we have some control be on the stimulus package because it were not designed for the permanent over the choices we have made. We rely belongs there. I ask my colleagues to storage of this waste or the shutdown on parts of the world where the leaders reflect what other stimulus can they of plants. We have 16 different plants chose to undermine peace, democracy, identify that generates somewhere in with a total of 230 containers now hold- and liberty, and will work to under- the area of $2.5 billion in Federal lease ing high-level nuclear waste on an in- mine our Nation, as well. sales, money to the U.S. Treasury, pro- vides about 200,000 jobs throughout this terim basis. We are more than 56 percent depend- In South Haven, MI, dry-cask storage ent on foreign oil. We simply do not Nation, and does not cost the tax- pads are 200 yards from Lake Michigan. have the flexibility to be independent, payers one red cent? That is why this Twenty percent of the world’s fresh should the need arise. I am not sug- issue belongs on the stimulus package. Think of the tankers that would be water is in the Great Lakes chain. On gesting we can independently remove built in U.S. shipyards with U.S. crews the shores of the Chesapeake Bay, dry- all of our dependence on foreign oil, to expand the oil from Alaska, which is cask storage sits less than 90 miles but we certainly have options, and the currently about 17 percent of all the from Baltimore, near Washington, DC, Senate must act on the options. Unless crude oil produced in this country. We with the U.S. Capitol and three major we make the right choices now, the could be far less dependent than we are airports. These containers are ap- drivers relative to our energy security today. We are only one supertanker proved, but there is no substitute for a are OPEC. terrorist activity in the Straits of What has OPEC done lately? We permanent repository deep in the Hormuz away from serious disruption group, out of harm’s way where it was know they just planned to cut 1.4 bil- of our oil supply. designed, and that is Yucca Mountain lion barrels of production. Why? Clear- Let me point out the reality associ- in Nevada. ly, to increase the price. They want to ated with the ANWR issue. It is so mis- We have had several debates through have a price between $22 and $24. The understood. There is a threat that the years on this issue. I understand way to do that is to control the supply. ANWR is at risk. What is ANWR? This the reluctance of my friends from Ne- That is just what they have announced is ANWR in relationship to the State of vada to accept the reality that Con- they are doing. They are cutting pro- South Carolina. They bear a striking gress made a designation, subject to li- duction. resemblance: about the same acreage, censing, that the repository would be We have resources at home, but our 19 million acres. That is a big chunk of at Yucca Mountain in Nevada. We are hands are tied. We do not seem to be real estate. Of what does ANWR con- still waiting after years and years. We able to reach an accord on how to use sist? It already consists of three spe- have had a Presidential veto. We are places such as ANWR, in my State, cific designations by Congress: 8.5 mil- seeing a situation of delay, delay, which hold the key to energy independ- lion acres in wilderness classifications delay. ence by reducing substantially our de- in perpetuity, another 9 million put Back to the containers. They are ap- pendence on Mideast oil. The Senate into a refuge, and Congress left out the proved by the Nuclear Regulatory has approved safe and limited explo- 1.5 million acres, the coastal plain, for Commission, but there is no substitute ration for ANWR, but President Clin- determination of whether or not to for permanent repository. We have ton vetoed that legislation in 1995. Had open it for oil and gas exploration. waste at home, and 14 other plants are President Clinton not vetoed that bill Why? Clearly, the extensive explo- in the process of being decommis- in 1995, we would very possibly have as ration in Prudhoe Bay suggested the sioned, one in Massachusetts, two in much as a million barrels a day flowing largest single deposit may be found in Connecticut, and three in California. from the ANWR area. That would off- this coastal area. We are getting more and more plants set the million barrels a day we are im- We take that and move along a little that are closed. porting from Iraq. further and recognize that the House President Clinton vetoed a bill to ac- I have asked many times, how can we bill, H.R. 4, said: OK, we will open this celerate the waste transfer and move compromise our energy security when area for exploration, but the footprint us ahead of our current opening date of on the one hand we import oil from can be only 2,000 acres. 2012. That is the current date. I recog- Iraq and Saddam Hussein and at the That is 2,000 acres out of 19 million nize nobody wants the worst, but the same time we are enforcing the no-fly acres. If you reflect on that, what are

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21899 the prospects? They say somewhere be- development of oil and gas resources of the our Persian gulf imports for 10 years or tween 5.6 and 16 billion barrels. Arctic region of Canada,’’ he said. more. At peak production levels, it could Prudhoe Bay has produced 13 billion Formation of the new company was an- provide 1⁄10 of total U.S. oil needs. Developing barrels, and it was only supposed to nounced Sept. 6. this critically needed energy could also cre- ate 735,000 jobs, save us from having to send produce 10. This could equal, easily, Mr. MURKOWSKI. I also ask unani- mous consent that two other articles hundreds of billions of dollars to OPEC, and what we would import from Saudi Ara- generate tens of billions in royalty and tax bia for 30 years. be printed in the RECORD, ‘‘The Slick revenues to defend and rebuild our nation. Some say it will take 10 years and Politics of ANWR Oil’’ by Paul K. All these benefits would result in the dis- some say it will take 7 years to get this Driessen, and ‘‘The Sacred Slope’’ by turbance of about 2,000 acres—less land than oil. It is estimated if the oil is there— Jack Stauder, Ph.D of the University the terrorists destroyed or damaged in New here is the pipeline that is already in, of Massachusetts at Dartmouth, rel- York City—in a refuge the size of South an 800-mile pipeline—we can open up ative to this issue. Carolina. And any drilling would be done in the dead of winter, using ice airstrips, roads this area somewhere in the area of 18 There being no objection, the mate- rial was ordered to be printed in the and platforms that will melt when spring ar- months if we expedite the permitting rives. process because we already have some RECORD, as follows: Eskimos who actually live in ANWR want fields of discovery and a pipeline ap- THE SLICK POLITICS OF ANWR OIL the same benefits the Gwich’ins seek. As proximately halfway over here. Put (By Paul K. Driessen) Kaktovik Inupiat Corporation president Fen- this in perspective. What is a 2,000-acre A new Native-controlled oil and gas drill- ton Rexford notes, the Eskimos are tired of footprint worth? ing company was recently formed to provide using 5-gallon buckets for sanitation, be- This is an item from Petroleum oilfield services in the Mackenzie River delta cause they don’t have toilers, running water area of northwestern Canada, adjacent to or a sewer system. They also understand the News, Alaska, ‘‘Gwich’in, Ensign Link national security issues at stake here. No Up New Mackenzie Delta Drilling Com- Alaska. According to Petroleum News Alas- ka, the company was created to provide in- wonder they support exploration by an 8:1 pany.’’ vestment and business opportunities, em- margin. A new native-controlled oil and gas drill- ployment and training for tribal members. It Bin Laden & Company just sent us a wake- ing company has been formed to provide oil- expects to start operations this winter, to up call from Hell. In mere hours, they field services in a land claims area of the expand oil and gas development activities in plunged us into an economic crisis and a Mackenzie Delta that is seen as a likely the Arctic region. long, difficult war that must be waged both route for any Mackenzie Valley pipeline. This new enterprise, Gwich’in Oilfield overseas and in our own neighborhoods. Is Gwich’in Oilfield Services, 51 percent Services, offers some fascinating insights there anyone who seriously believes we can owned by the Gwich’in Development Corp of into the slick politics of militant afford to continue letting a small band of po- Inuvik Northwest Territories and 45 percent environmentalism. litically correct Alaska Indians and environ- by Calgary-based Ensign Drilling, is expect- The majority owner is none other than the mental militants hold the United States hos- ing to start operation this winter. Gwich’in Indians Tribal Council. Those are tage on ANWR oil? The Gwich’in Development settlement area the same Gwich’in Indians that for years It’s time to face reality, toss bogus anti-oil covers 22,422 square miles and is governed by have been poster children for the cause of op- arguments on the ash heap of history, and the Gwich’in Tribal Council. posing oil exploration in the flat, featureless support exploration in the Arctic National Gwich’in Development Corp., wholly owned coastal plain of Alaska’s Arctic National Wildlife Refuge. by the tribal council, has a mission to build Wildlife Refuge (ANWR). an investment portfolio that offers business But nearly 90% of the Gwich’ins live in THE SACRED SLOPE opportunities, employment and training to Canada. Only 800 live in Alaska. The Alaskan (By Jack Stauder, Ph.D.) Gwich’in residents. Gwich’ins live some 250 miles from the coast- This story bears telling first, for the silli- I ask unanimous consent the article al plain, if one travels along the route car- ness it exposes about the conventional wis- be printed in the RECORD. ibou follow in migrating to and from ANWR. dom of liberal opinion on campus today re- There being no objection, the mate- As the crow flies, the Indians’ Arctic Vil- garding environmental issues; and second, as rial was ordered to be printed in the lage is 140 miles across the all-but-impass- an example of how to challenge such silli- RECORD, as follows: able Brooks Range. Those majestic moun- ness. tains—the ones seen in all the misleading Last spring I arranged for myself to be ap- [From Petroleum News, Alaska; Sept. 30, ads and news stories opposing ANWR oil ex- 2001] pointed to a new ‘‘Sustainability Com- ploration—are 30 to 50 miles from the coastal mittee’’ being set up by the powers on high GWICH’IN, ENSIGN LINK UPINNEW MACKENZIE plain. (It’s amazing how a telephoto camera at the University of Massachusetts, where I DELTA DRILLING COMPANY lens can make them look so close.) teach. I was suspicious of what was intended (By Gary Park) The Gwich’in Tribal Council plans to drill on campus under that slippery rubric. A new Native-controlled oil and gas drill- in a 1.4-million-acre land claims area gov- Luckily, the Committee has done little so ing company has been formed to provide oil- erned by the Indians. This is the same far except receive rather pompous memos field services in a land claims area of the amount of land that’s been proposed for ex- tinged with utopian musings coming from a Mackenzie Delta that is seen as a likely ploration in ANWR. The proposed drill sites couple of professors at the Boston campus of route for any Mackenzie Valley pipeline. (and a potential pipeline route) are just east our state system, including a Professor B. Gwich’in Oilfield Services, 51 percent of a major migratory path, where the car- (Names of colleagues in this piece have been owned by Gwich’in Development Corp. of ibou often birth their calves, rather than hidden to protect tender egos; but otherwise Inuvik, Northwest Territories, and 49 per- awaiting their arrival in the refuge. all the quoted e-mail here has been un- cent by Calgary-based Ensign Drilling, is ex- Back in the 1980s, the Alaska Gwich’ins changed.) Professor B. regards himself as a pecting to start operations this winter. leased 1.8 million acres of their tribal lands great expert on ‘‘sustainability.’’ The Gwich’in settlement area covers 22,422 for oil development. (No oil was found.) Any Anyway, the little controversy I will de- square miles and is governed by the Gwich’in reservations they may have had to the latest scribe began with an e-mail forwarded Tribal Council. leasing plans were apparently very muted. through a couple of leftist professors on my Gwich’in Development Corp., wholly owned It is hard to grasp how drilling for oil in campus. Its origins appear to be from one the by the tribal council, has a mission to build their own back yards is perfectly OK, but ex- endless number of lobbying groups on the an investment portfolio that offers business ploration on public and Inuit Eskimo lands left. One of the burdens of having left-wing opportunities, employment and training to 140 miles away somehow ‘‘threatens their friends, as I do, is that they often pass on Gwich’in residents. traditional lifestyle.’’ It’s equally hard to these lobbying efforts. This e-mail, however, Tom Connors, chief executive officer of the condone their willingness to collect count- was circulated to all twenty or so members corporation, said Sept. 10 that the deal with less thousands of dollars from environmental of our Sustainability Committee as well as Ensign gives the community a chance to par- groups, to place full-page ads in major news- the professors in Boston by one of the sillier ticipate in the development of oil and gas re- papers, appear in television spots and testify members of our Committee. Bear with my sources. on Capitol Hill in opposition to ANWR explo- account as you read it; the fun begins after Ensign president Selby Porter said his ration—and then lease more of their tribal it. company’s experience and equipment make lands for drilling. But none dare call it hy- it the right choice to work with the Gwich’in pocrisy. Sunday, October 7: ‘‘Is Nothing Sacred?’’ people. Government geologists say ANWR could From: Professor G. ‘‘The development of a local work force contain as much as 16 billion barrels of re- Dear Friend of MoveOn, In this time of and infrastructure is key to the continued coverable oil. That’s enough to replace all tragic urgency, our leaders in Washington

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 21900 CONGRESSIONAL RECORD—SENATE November 7, 2001 have pulled together and put all things con- setts want to deny them their wish? Few of serious ought to go on record as strongly op- troversial and partisan aside for the sake of us if any will ever go to visit this ‘‘sacred’’ posed to increased exploitation of finite re- national unity. Our friends on Capitol Hill place, if only because it is so inhospitable to sources and dangerous pollution when there are making sacrifices, holding off on key all but the Eskimo—cold and dark through- are scientifically and technically double issues that can be won only through strug- out the winter, a huge flat marshland ways to increase efficiency of our economy, gle, such as energy and campaign finance re- swarming with mosquitoes in the summer. to say nothing of some of us who strongly be- form. Our opponents have respected the na- Yet out of spiritual arrogance some presume lieve we are morally wrong in our consump- tional need for unity too, until now. to tell the Alaskans what to do with their tion habits. Yes, we do feel that the environ- But today we learned that Sen. Frank land. ment is a ‘‘sacred’’ trust. Murkowski (R–AK) is breaking with this pa- The oil deposit is estimated to be a quite Some of us even believe that there is a triotic spirit by trying to tack one of the substantial one, otherwise there would be no definite nexus between American con- most controversial issues in America onto interest in drilling there. One should auto- sumerism and the feeling of being oppressed the Defense Authorization bill: matically distrust the misleading statistics in some third world countries. A feeling so He wants to drill for oil in the Arctic Na- and factoids thrown out by environmental strong as to even, at least partially, foster tional Wildlife Refuge, the heart of the last groups who make their living propagandizing terrorism. Hope all is well. great wilderness ecosystem in North Amer- issues like this. The oil from Alaska W. B. ica. This is a mistake, because: wouldn’t meet all our needs, but it would make us that much less dependent on the [These predictable opinions of Professor B. Any oil found there wouldn’t come on line offered some targets too tempting to resist, for 10 years; Middle East—a welcome goal. And even if ‘‘existing fuel-efficient tech- although I restrained myself from addressing The refuge contains just 6 months supply his every point. Below is the e-mail I re- of oil; nologies could save more’’ than drilling in Alaska could provide, this statement is a turned, again to the whole committee, al- Existing fuel-efficient technologies could though it was addressed to him.] save more than that; non-sequitur, for doing either does not pre- Once it’s gone, it’s gone forever. clude the other. Wednesday, October 10: ‘‘The Sacred Slope The Defense bill will be debated this Should I go on and on? Should I tell you etc.’’ Wednesday through Friday. who to call in Congress and what to tell From: Professor Jack Stauder them? No, I won’t, because it’s not the busi- Please call your senators now: Dear Prof. B.: You make some interesting ness of the Sustainability Committee, in my Senator John Kerry points in your recent memo, but I think eyes, to serve as a propaganda vessel for any- Phone: 202–224–2742 some clarification is in order. Fax: 202–224–8525 one’s ‘‘cause’’ or ‘‘special interest.’’ You are certainly right that most of the Senator Edward M. Kennedy —Jack Stauder, Soc/Anth Dept North Slope, being federal government land, Phone: 202–224–4543 [As I rather expected, my questioning of a in some sort of legal sense belongs collec- Fax: 202–224–2417 liberal environmental icon—the sacredness tively to all American citizens. However, Be sure they know you’re a constituent, of wilderness—brought a prompt reaction, perhaps because I am an anthropologist I be- and urge them to: from none other than Professor B., to all lieve it would be a bit culturally arrogant to ‘‘Please—block—the vote on the Mur- members of our committee. Note his conde- inform the Native Americans whose ances- kowski drilling amendment to the Defense scending familiarity towards me, although I tors have lived in that region for a couple Authorization bill.’’ have never met the man.] thousand years that (in your words) ‘‘the Please call even if you think your Senators North Slope is not ‘their’ land, it is ‘our are solid supporters of protecting the refuge. Monday, October 8 land’.’’ Native Americans (the Inupiat in this Many Senators simply don’t yet believe that From: Professor B.: ‘‘Re: Is Nothing Sacred?’’ case) tend not to appreciate this attitude Murkowski will do it, but our sources are re- To All, Jack’s contention that the Sustain- from white men. liable. ability Committee shouldn’t be used to lobby The point I tried to make in my previous America’s entire environmental movement issues is probably correct. On the other memo is that in issues like this, of environ- must rally now. hand, if someone wants to send an e-mail to mental protection and economic develop- Please let us know you’re making this call, everyone on her/his address book, this a free ment, I believe that the first consideration, at our website. We’d like to keep a count. country. I respect Jack for exercising his out of respect, should be paid to the views of Thank you. Your call will matter. right of free speech and expressing his views. the local people actually inhabiting the Sincerely, Now I will exercise mine. place in question. After all, they know their I disagree with two points that Jack made: —Wes Boyd environment best, and have the most to lose one, the North Slope is not ‘‘their’’ land, it MoveOn.org or gain depending on what happens to it. I is ‘‘our land,’’ and furthermore, our chil- September 19, 2001 trust their wisdom more than that of lob- dren’s land. Second, I am convinced that fo- bying groups based in Washington, D.C. Per- [I was riled enough by this message to cusing on the front end, i.e., the production haps you disagree. reply to all on the Committee who had re- end, of the pipeline, especially the oil pipe- Also, maybe because I grew up in the West ceived it:] line, does preclude achieving anything near (Colorado and New Mexico) I was put off by the easily achieved efficiencies at the use your glib caricature of ‘‘the Texas men- Sunday, October 7: ‘‘Re: Is Nothing Sacred?’’ end of the pipeline. I think I read from a reli- tality.’’ We are encouraged in our university From: Professor Jack Stauder able source that increasing the fleet mileage to celebrate diversity, but it seemed to me Is it appropriate to circulate such partisan of American automobiles will save more oil your remarks smacked of regional prejudice lobbying action information throughout a in a short time than the most optimistic es- and mean-minded stereotyping of a great university committee? I don’t think so. We timates of oil to be obtained from the North state of our union—a state, by the way, that shouldn’t tire others out through incessant Slope. I also understand that the average has for long provided the rest of us with propaganda, no matter how close to our fleet miles per gallon of American made many valuable goods, including the oil and hearts our causes are. automobiles is the lowest in 25 years, largely natural gas that have moved our vehicles But if we are going to be wasting our col- due to SUV’s not being held to the standards and warmed our houses. We should be thank- lective time this way, let me get in on the of automobiles. ing Texans, not making fun of them. fun. Now Jack, those of us who argue for a phi- On other Western topics, you accuse me of There are two sides to each controversy. losophy and policy of increasing the effi- thinking like Montana cattlemen and North- I’ve actually been to the North Slope of ciency of our economy over the Texas men- west lumbermen. I’m not quite sure what Alaska. I’ve never seen an uglier landscape. tality of ‘‘we’ll shoot, drill, and fight our you mean, although you seem to be down on The proposed drilling area is a small speck way out of this mess,’’ and ‘‘be damned with these groups. Do you want them put out of in a vast tundra: it would compare to the those pencil-necked liberal flakes who want business? Do you want them to stop pro- size of the township of North Dartmouth us to change our superior American life- ducing goods for our use? Can we in Massa- within the entire area of Massachusetts, styles of ostentatious, conspicuous consump- chusetts produce the beef and wood products Connecticut and Rhode Island put together. tion, and profligate waste. Be damned I say. we need and use? Again, as with the Texans, The ‘‘great wilderness eco-system’’ would be So what if we are only 5% of the world’s pop- I say let’s thank these rural producers for virtually unchanged by the proposed drilling. ulation and contribute 25% of the CO2 in the their efforts—not affect to despise them. Nothing would be ‘‘gone’’ forever. world.’’ Would you not at least admit the possi- People can say any area is ‘‘sacred’’ if they Jack, you sound like the Montana Cattle- bility that these hard-working Americans want. However, the Inupiat (Eskimo) of the men’s and the Northwest Lumberman’s Asso- contribute much more of real value to their North Slope, the only people who have ever ciation’s attitude that our land is their land countrymen, than do university professors lived there or would want to live there, are to do what they damned well please. firing off vaporous memos by e-mail? by a large majority in favor of drilling for Now, by God, I have changed my mind. I Finally, what am I to make of the sly the oil. Why would people here in Massachu- think any sustainability committee that is statement you append to the end of your last

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21901 message: ‘‘Some of us even believe that there icule are useful tools in dealing with oppo- What we have here is a massive pub- is a definite nexus between American con- nents, especially those who cloak themselves lic relations effort, funded by extreme sumerism and the feeling of being oppressed in pretentiousness airs of moral and intellec- environmental groups, to suggest that tual superiority, as environmentalists tend in some third world countries. A feeling so somehow the Gwich’in people’s life- strong as to even, at least partially, foster to do. terrorism.’’ Second, don’t give environmentalists a style is at risk in opening this area. I hope there is no insinuation in these chance to claim the moral high ground in They never acknowledge what is going words that somehow Americans are respon- any argument. Aggressively assert your own on with the same Gwich’ins on the Ca- sible for what those squalid foreign fanatics principles—in this case, the valuable con- nadian side, where they see an oppor- did on Sept. 11. I trust you are not one of the tributions of resource providers, and the tunity for better employment, health ‘‘Blame America First’’ fringe that hangs positive aspects of American civilization. Third, know your opponents and exploit care, a better way of life for their around American campuses. But what are young people. It is important to under- you getting at? the contradictions in their beliefs. For exam- I can see how the terrorists might resent ple, a pious tenet of Prof.B.’s liberal creed is stand this issue is more than a public and hate the United States for being such a that Native Americans are victims b and ec- relations issue by the Sierra Club and prosperous, dynamic, creative society—one ological saints, to boot—with whom good others, suggesting that somehow the that is open, democratic, tolerant of all reli- left/liberals must sympathize. Yet in this Porcupine caribou herd is going to be gions, and respectful of human rights and in- case the environmentalists want to tell them decimated by a mild amount of activ- dividual liberties. After all, none of the Mid- what they can or can’t do with their tradi- tional lands! No wonder he is too embar- ity here, when clearly this is the indi- dle Eastern terrorists come from societies cation of the path of the migratory with these characteristics. But why should rassed to pursue an argument on this score. we feel guilty for the evil acts their per- My gibes about ‘‘celebrating diversity’’ (re- caribou herds, and the Canadians run a verted ideology leads them to? garding Texans!) were certainly tongue-in- highway right across the pass. Where exactly does ‘‘consumerism’’ fit in? cheek, but highlighted another contradiction This is an open season when the car- If we voluntarily impoverished ourselves in Prof. B.’s attitudes by pointing out his use ibou come through and as a con- down to the level of, say, Afghanistan, would of prejudicial stereotypes, when good left/lib- sequence we have the pot calling the erals always condemn these b in the ab- other people feel less ‘‘oppressed’’? If we ‘‘in- kettle black, if you will. creased the fleet mileage of American auto- stract. I was accusing him in effect of being a bigot, of violating one of the taboos of his It is important that Members take mobiles’’ to consume less oil, as you propose, the time to understand this issue and do you believe that Osama bin Laden will sort in showing ‘‘intolerance.’’ Obviously he praise us to Allah and call of his terrorists? didn’t like being called out on these grounds. reflect on it. I am going to go through Finally, questioning him about his opin- Seems unlikely to me. Perhaps the Taliban a couple of other points relative to ions regarding the United States put him in prohibits girls from learning to read so they items that need evaluation. Some sug- an impossible position. if he is like most don’t grow up to be seduced by the white sale gest there is no footprint up here in liftists—and the types of environmentalists ads of the Kabul Macy’s? Or what about the that foams at the mouth against ‘‘con- ANWR, and as a consequence it is a destruction of those large status of Buddha? sumerism’’ and wants to use ‘‘sustain- pristine area. That is totally false. Perhaps that was in response to information ability’’ as a tool to shoehorn us into some This is the village of Kaktovik. There that monks of that faith were driving too type of socialist utopia—then he must have are real people who live here. You can many SUV’s around their lamaseries? hated the good, but true, things I had to say Seens to stretch. The only important prod- see their homes here, and so forth. This about American civilization. Difficult as it uct we consume from the Middle East is oil, is the spring breakup. It might not be may be for most Americans to comprehend, a very pretty picture in the sense of extracted by our technology, for which the the underlying belief of U.S. leftists, includ- Middle East states are paid royally. It’s oil. ing left-wing environmentalists, is that the color, but it shows you the Arctic That is why I suggested that, to free us as America stinks—that our country is malign, Ocean, and so forth. The winters are a much as possible from dependence on that unjust, oppressive, imperialist, and alto- little tough up there. oil, we develop our own resources—like Alas- gether hateful. This view explains why they This is another picture of a village kan oil. We can do this as well as ‘‘increase give themselves the license to tear down our and this is in the 1002 area, physically efficiency of our economy,’’ as you desire. civilization and to impose on us their own Again, there is no contradiction between the there. There are schools, a health clin- utopian ideas. ic, there is an airport. The village peo- two goals, and its seems self-defeating and However, Professor B. and the wiser radi- silly to pit them against each other. cals know, especially in the wake of Sep- ple and their lifestyle is as they have No, I do not consider the 2000 acres of fro- tember 11, that they cannot be so up front chosen it to be there. zen tundra on the North Slope, where the with their anti-Americanism. So he had to I will show you a little picture of the drilling would take place, as ‘‘sacred’’—ex- grit his teeth and refrain from replying as I children going to school. It is kind of cept that it oil would help us meet our sa- more or less waved the stars and stripes in tough up there in the morning. Never- cred duly to protecting our families and front of him. It must have infuriated and theless, these are Eskimo children. You keeping our nation strong. frustrated him. can see telephone polls, snow. Nobody Your, Jack Stauder Good, Let’s hope he stays wordless, and Soc/Anth Dept., UMass Dartmouth that the sustainability project molders in in- shovels the sidewalks off, I grant you, activity. But I wouldn’t be so sure. These ad- but they are there by choice. They are [My riposte was apparently too much for real people living in an area where Professor B. He threw in the towel, left the vocates for environmental causes always have a lot of time on their hands. field, hung up his cleats—whatever some people say there is no footprint. methaphor you might choose. He replied, not Mr. MURKOWSKI. These articles It is totally inaccurate. to the whole Sustainability Committee, but highlight the reality of the issue of the What we are looking at is the merits only to me, that he could not sustain more Gwich’ins, which is a legitimate con- of trying to bring a fair evaluation of discourse on the issue.] cern they have over the Porcupine car- the issue. Some have said: I am going Thursday, October 11: ‘‘Re: The Sacred ibou herd, and the realization that now to filibuster this bill. Slope, etc.’’ From: Professor B. this issue has taken on a new dimen- Think about it. What they are talk- Jack, I only partially read your e-mail re- sion because most of the Gwich’ins live ing about filibustering addresses the tort. I think you are missing the purpose of in Canada. There is a small portion national energy security of this coun- the Sustainability Committee. Bantering who live in Alaska in this general area. try. words is a waste of time. Let’s perform. I might add, this line shows the divi- Where is our President on the issue? W. sion between the United States and On October 31, October 26, October 17, I think he did read all my retort, and was Canada. Here is the Canadian activity October 4—he has made statements wise enough to see any further attempt to going on on the Canadian side. This is begging, if you will, and I wish he cross swords with my ‘‘banter’’ might lead to primarily, of course, the home of the would direct that this body pass an en- more humiliation of his half-baked ideas. Gwich’ins. Nearly 90 percent of the ergy bill. The House has passed H.R. 4. For our own edification, I think a couple of Gwich’ins live in Canada. Only 800 live lessons might he drawn from this otherwise Here is a statement the President trivial story, about how best to combat in Alaska. The Alaska Gwich’ins live made: environmentalism and its nonsense. only 250 miles from the coastline. Our But there are two aspects to a good strong First, as I have learned from Rush Gwich’ins are down here in the economic stimulus package, one of which is Limbaugh: humor helps, Irony, sarcasm, rid- Gwich’in area of the Arctic village. an energy bill.

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 21902 CONGRESSIONAL RECORD—SENATE November 7, 2001 He asked for an energy bill each time dark. We have heard from Gale Norton, as have the Seniors Coalition and the that he has had an occasion to speak Secretary of Interior, saying it is in United Seniors Association; in Agri- on energy. Again in October: the national energy security interests culture, American Farm Bureau, and I ask Congress to act now on an energy bill of this country to reduce our depend- National Grange. Organized labor is to- that the House of Representatives passed ence, and the best way to do it is basi- tally aboard. back in August. cally to open up this area because we I know many Members have been I ask unanimous consent these state- have the technology to do it. We can contacted by organized labor—by the ments of the President on those dates create American jobs. International Brotherhood of Team- be printed in the RECORD. Also, we have heard from the Sec- sters, by union laborers, by the Sea- There being no objection, the mate- retary of Energy, indicating the sig- farers Union, Operating Engineers, rial was ordered to be printed in the nificance of what this can mean to re- Brotherhood of Plumbers and Steam- RECORD, as follows: ducing our dependence. fitters, carpenters—and America’s PRESIDENT GEORGE BUSH’S COMMENTS ON We have had the Secretary of Vet- business. There are over 1,000 busi- ENERGY erans Affairs, Anthony Principi, indi- nesses that support opening up this October 31, 2001: cate that America’s veterans who area as part of our national energy se- And I want the Congress to know that fought the wars—and I will reflect on curity bill. there is more to helping our economy grow one comment made by a former Mem- I encourage Members to recognize than just tax relief or just spending. And ber, Mark Hatfield, who was a pacifist the reality that we are going to get a there’s two items I want to briefly touch on. and a good friend of ours. He said: I vote on an energy bill under one of two One is an energy plan. would vote for opening ANWR anyday Our nation needs an energy plan, an energy provisions. Either the Democratic lead- plan that encourages conservation and en- rather than send another American ership is going to respond to the Presi- courages exploration. And I believe we can man or woman overseas to fight a war dent’s request to bring up an energy do both in a responsible way. And we need to in a foreign country over oil. bill before this body or work out some modernize the infrastructure that develops That is what we are doing. We did time agreement that is reasonable. We energy from point A to point B, from plant that in the Persian Gulf conflict. We can take it up, have amendments, and to consumer. We need to get after it. It is fought a war over oil to keep Saddam have an up-or-down vote on it. It our national interest that we have an energy Hussein from going into Kuwait and shouldn’t be a filibuster issue. Imagine plan, one designed to make us less reliant moving on into Saudi Arabia. upon foreign sources of energy. filibustering on our national security. October 26, 2001: If we look at affairs in the Mideast It has never been done in this body be- Tax relief is an essential step, but it’s not now and consider the vulnerability as- fore. We should have an up-or-down the only step we should take. We need an en- sociated with that area and our de- vote. ergy plan for America. Under the leadership pendence on Saudi Arabia and the Let us recognize it for what it is. If of the vice president, we drafted a com- weakness of the royal family and Bin we don’t get the assurance from the prehensive, commonsense plan for the future Laden’s terrorist activities that would Democratic leader to take up an en- of this country. disrupt those oilfields—we are sitting ergy bill, then our other opportunity is It passed the House of Representatives. It needs a vote in the United States Senate. Oh, on a situation very similar to what we a stimulus bill. And it will be on the I understand energy prices are low right saw maybe 30 years ago with the fall of stimulus bill. The House has done its now. Thank goodness. But that shouldn’t the Shah in Iran. That situation could job. It passed an energy bill, H.R. 4. It lead our nation to complacency. We need to happen, dramatically, overnight. will be on the stimulus bill. be more self-reliant and self-sufficient. It is We could face a terrorist attack on When you think about stimulus, you in our nation’s national interest that we de- the Straits of Hormuz. Why are we think about what other stimulus provi- velop more energy supplies at home. It is in waiting? sions we have talked about which will our national interest that we look at safe Let me tell you something. I mean provide nearly $1.5 billion worth of rev- nuclear power. It is in our national interest this in all candor. This issue has been that we conserve more. It is in our national enue from lease sales to the Federal interest that we modernize the energy infra- a godsend to the extreme environ- Treasury. It will employ a couple hun- structure of America. It’s in our national in- mental community. It is an issue that dred thousand Americans in ship- terest to get a bill to by desk, and I urge the they have been milking for revenue and building, and so forth. It will not cost Senate to do so. dollars and will continue to do so until the taxpayer one dime. I challenge my October 17, 2001: the very end. When it finally passes, colleagues to come up with a better an- And I ask congress to now act on an energy they will move on to another issue. It swer. bill that the House of Representative passed has been a cash cow because they Thank you for the opportunity to back in August. This is an issue of special importance to refuse to argue the merits of if it can speak this morning. I yield the floor. California. Too much of our energy comes be opened safely. It can. We have 30 The PRESIDING OFFICER (Mr. ED- from the Middle East. The Plan I sent up to years of experience in the Arctic. WARDS). The Senator from Colorado. Congress promotes conservation, expands en- Where would we be today if we didn’t Mr. CAMPBELL. Mr. President, I ask ergy supplies and improves the efficiency of have Prudhoe Bay? unanimous consent to speak for up to our energy network. Our country needs The same arguments today being 10 minutes as if in morning business for greater energy independence. used against opening this area were the purpose of introducing a bill. October 4, 2001: used 27 years ago against opening The PRESIDING OFFICER. Without But there are two other aspects to a good, strong economic stimulus package, one of Prudhoe Bay: You are going to build a objection, it is so ordered. which is trade promotion authority. And the fence across Alaska, 850 miles. The car- Mr. CAMPBELL. Mr. President, be- other is an energy bill. ibou are not going to be able to cross fore I do so, I would like to make a And I urge the Senate to listen to the will it. It is going to break up the perma- couple of comments based on Senator of the senators and move a bill—move a bill frost. All these arguments failed be- MURKOWSKI’s observations. that will help Americans find work and also cause it is one of the engineering won- I think he is absolutely right on make it easier for all of us around this table ders of the world. point. About a third of Senate Mem- to protect the security of the country. The Let’s be realistic. America’s veterans bers are veterans. Several are veterans less dependent were on foreign sources of crude oil, the more secure we are at home. have spoken. We have had press con- of World War II. One of my comments We’ve spend a lot of time talking about ferences: The American Legion, Vet- will certainly not surprise them. homeland security. An integral piece of erans of Foreign Wars, AMVETS, I ask the Senator if he remembers homeland security is energy independence. Catholic War Veterans of America, the story about how we won the North And I ask the Senate to respond to the call Vietnam Veterans Institute. The Vet- Africa Campaign in World War II when to get an energy bill moving. erans of Foreign Wars are for it. The some of the world’s great generals were Mr. MURKOWSKI. It is not just the seniors organizations support it. The pitted against each other: General Pat- Senator from Alaska crying in the 60-Plus have come out in support of it, ton from America and Field Marshal

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21903 Montgomery from Great Britain on the the terrorist activities associated with these 13 veterans, working as the Fort Allied side, and Field Marshal Rommel September 11. We have found that most Scott National Cemetery Expansion on the German side. History shows that of the individuals responsible for tak- Committee, 10 acres of land will be Rommel was not a Nazi. In fact, he was ing down the buildings in New York added to the cemetery. This land, just later forced to commit suicide for his were Saudi Arabian. across the old stone wall from the cem- complicity in the events designed to I thank the Senator. etery, was purchased by the 13 vet- kill Hitler. Mr. CAMPBELL. That is right. I erans, who took out a loan, and who But at that time, the state-of-art hope history doesn’t repeat itself. The then sought contributions and worked tanks were called Tiger 88s, with 88- only way we can prevent that is to be- the crowds at American Legion and millimeter guns in the Panzer Divi- come less dependent on foreign oil. VFW halls throughout the region to sions, which outclassed anything that (The remarks of Mr. CAMPBELL per- raise money to pay off the loan. Once America and Great Britain had in the taining to the introduction of S. 1644 the loan was paid off, the veterans do- North Africa Campaign. Everybody are located in today’s RECORD under nated the land to the Department of knew it. Field Marshal Rommel, of ‘‘Statements on Introduced Bills and Veterans Affairs. course, was one of the great minds of Joint Resolutions.’’) On Veterans Day, this year, Novem- World War II. Unfortunately, he was on Mr. CAMPBELL. Mr. President, I ber 12, 2001, this land will be dedicated the wrong side. yield the floor and suggest the absence and ready to handle about 3,300 burial History tells us that one of the rea- of a quorum. sites. I applaud the initiative of these sons we won that campaign was that The PRESIDING OFFICER. The Fort Scott veterans who have success- we bombed the oil fields. When we cut clerk will call the roll. fully undertaken the effort to expand off their oil, the tanks stopped run- The legislative clerk proceeded to this historic cemetery and provide a ning. call the roll. place of honor for veterans and their Mr. BROWNBACK. Mr. President, I I remind my colleagues that they eligible dependents for several decades ask unanimous consent the order for still run on oil. They do not run on to come. the quorum call be rescinded. wind power or solar power. I point this out because Fort Scott I am absolutely supportive of Sen- The PRESIDING OFFICER. Without objection, it is so ordered. National Cemetery is one of the oldest ator MURKOWSKI’s belief that there is a Mr. BROWNBACK. Mr. President, I veterans cemeteries in the country, national security connection with ask unanimous consent to speak in dedicated by Abraham Lincoln. It is being less dependent on foreign oil. He morning business for up to 5 minutes. filled up—or soon will be full. These mentioned the statistics and how de- The PRESIDING OFFICER. The Sen- veterans, by their own initiative, se- pendent we are. It really should not ator has that right. cured the loan, purchased the land, got come as a big surprise to most Ameri- f the loan paid off, and donated it to the cans if we tell them we are more de- Department of Veterans Affairs, which pendent on Iraqi oil than we were be- LAND FOR THE FORT SCOTT is receiving the land, and now will be fore the war. In fact, 25 percent of the NATIONAL CEMETERY able to provide an additional 3,300 bur- oil we import, as I understand, comes Mr. BROWNBACK. Mr. President, I ial sites for veterans. from the Saudis, who every year divide rise today to recognize an activity that I think that this is such a commend- much of the billions of America dollars is going on in my home State of Kansas able thing that these veterans have among the 300 members of the extended that I think is quite commendable. done. I will be there on November 12, royal family, one of whom is Bin Thirteen veterans from Fort Scott, KS, along with a number of other people, to Laden. It just defies common sense have expanded the lifespan of the Fort recognize and honor what these men that because we cannot cut this umbil- Scott National Cemetery by about 35 have done. I think it is wholly appro- ical cord, we are actually paying peo- years through their hard work and priate to recognize what they have ple for oil so they can buy weapons dedication. done in this body as well. with the intent of killing. I point this out because I think this Mr. President, I yield the floor and I want to tell the former chairman is what America is all about. It is suggest the absence of a quorum. that I am absolutely in support of his about a can-do atmosphere and about The PRESIDING OFFICER. The efforts. When I was chairman of the In- people taking it upon themselves to do clerk will call the roll. dian Affairs Committee, I had many something that they believe is not get- The legislative clerk proceeded to opportunities to visit with Native Alas- ting done; and making it happen. call the roll. kans and native peoples of the North. I With about 1,100 World War II vet- Mr. TORRICELLI. Mr. President, I found that almost to the person, when erans dying every day, many veterans ask unanimous consent that the order they would come down to lobby about cemeteries are struggling to accommo- for the quorum call be rescinded. ANWR, the Native Alaskans who are date veterans’ burials. That is true in The PRESIDING OFFICER. Without American citizens supported opening of my State as well. According to the U.S. objection, it is so ordered. ANWR. The only ones opposed to it Department of Veterans Affairs, by (The remarks of Mr. TORRICELLI are were the people who were natives of 2008, the annual number of deaths of printed in today’s RECORD under Canada, Canadian citizens. There was veterans from all U.S. conflicts will ‘‘Morning Business.’’) no question in my mind when I asked reach 620,000, or about 1,700 a day. Mr. TORRICELLI. Mr. President, I them how they got here and who paid Fort Scott National Cemetery is one suggest the absence of a quorum. their bills, they were being spoon fed to of 12 Civil War national cemeteries. It The PRESIDING OFFICER. The us basically to get us to oppose some- was dedicated in 1862 by President clerk will call the roll. thing that most American natives sup- Abraham Lincoln. I grew up just north The legislative clerk proceeded to ported. of Fort Scott, about 40 miles away. It call the roll. Mr. MURKOWSKI. I thank my great was an old Indian fort early on. Then it Mr. REID. Mr. President, I ask unan- friend from Colorado. We have enjoyed was used, obviously, as well, during the imous consent that the order for the many meetings together in conjunction Civil War. quorum call be rescinded. with his responsibilities as chairman of In a concession to make space for The PRESIDING OFFICER. Without the Indian Affairs Committee. He has veterans wanting to be buried at the objection, it is so ordered. been an outstanding proponent of Fort Scott National Cemetery, burial f American Indian opportunities. spots are currently being made small- His reference to history and what er, and sloping land that originally was RECESS happened in North Africa is certainly deemed unusable is now being used. Mr. REID. Mr. President, I ask unan- appropriate to our energy dependence Thanks to the extraordinary efforts imous consent that the Senate stand in on the Mideast. We just need to look at of these veterans I have mentioned, recess until the hour of 2:30 p.m.

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 21904 CONGRESSIONAL RECORD—SENATE November 7, 2001 There being no objection, the Senate, figure of $3.5 million per year average their needs, and I worked with the at 1:32 p.m., recessed until 2:30 p.m. and for attorney’s fees, and the extra $10.5 mayor and the school representatives reassembled when called to order by million has been able to go into the to try to give them the tools to do the the Presiding Officer (Mr. MILLER). services we are seeking to provide for job they are doing. That is why I feel f handicapped and special needs chil- strongly enough to offer this amend- dren. ment so the millions of dollars that CONCLUSION OF MORNING Moreover, we have been informed by have been actually assessed against the BUSINESS the District of some of the excessive school, even though it was against the The PRESIDING OFFICER. Morning fees that were being billed before the law by one of the judges, will not be business is closed. caps. This is billing the school district able to be collected. It would be f for plaintiff’s lawyer fees when the against the Federal law for retroactive DISTRICT OF COLUMBIA APPRO- plaintiff has been successful. One attor- fees to be collected. PRIATIONS ACT, 2002—Continued ney before the caps individually made The PRESIDING OFFICER. The Sen- $1.4 million in fees in 1 year suing the ator has used 5 minutes. The PRESIDING OFFICER. Under District of Columbia schools. Mrs. HUTCHISON. I will stop there, the previous order, there are now 20 Another law firm billed over $5 mil- and I reserve the remainder of my minutes of debate evenly divided on lion in a single year to the District of time. the Hutchison amendment. The Chair Columbia schools. Submission of a va- The PRESIDING OFFICER. Who recognizes the Senator from Louisiana. riety of questionable expenses, includ- yields time? Ms. LANDRIEU. Mr. President, I un- ing flowers, ski trips, and even a trip to The Senator from Illinois. derstood it was 30 minutes equally di- New Orleans ostensibly made to scout Mr. DURBIN. I believe the chair of vided. out private schools far from the Dis- our subcommittee has yielded her re- The PRESIDING OFFICER. The Sen- trict that might be able to accommo- maining time in debate to me. ator is correct. date special needs students. I ask the Senator from Texas a sim- Ms. LANDRIEU. Mr. President, I sug- The reason we are trying to put some ple question, and a yes or no answer gest the Senator from Connecticut be reasonable caps on these attorney’s would suffice. We are talking about recognized—and this has been cleared fees and excessive billings is so the limiting the fees paid to attorneys who on both sides—as in morning business money will go into education. Our represent children who are trying to for 7 minutes. amendment has a cap of $150 an hour. If get into special education. Could the (The remarks of Mr. DODD are printed a lawyer billed 2,000 hours at $150 an Senator from Texas tell me, is there a in today’s RECORD under ‘‘Morning hour, that would be a $300,000 annual law in her home State of Texas lim- Business.’’) income. iting the fees paid to attorneys in her The PRESIDING OFFICER. The Sen- So, we are not saying lawyers should State who represent children in special ator has used his 7 minutes. not make a reasonable amount, and we education cases? Mr. DODD. I thank my colleagues. are certainly not subjecting parents to Mrs. HUTCHISON. Mr. President, I The PRESIDING OFFICER. Who lawyers who cannot make a living. I thank the Senator for the question be- yields time? think $150 an hour is quite respectable. cause, of course, there are not those The Senator from Nevada. That is why we have tried to reach out kinds of limits in Texas, but neither Mr. REID. Mr. President, so there is to the other side and do something does the State of Texas get 20 percent no misunderstanding, I have spoken that is reasonable but not exorbitant. of its budget from the Federal Govern- with Senator LANDRIEU and Senator We are trying to help the District of ment. The Federal Government has the HUTCHISON, and the unanimous consent Columbia schools. We have a letter constitutional role of making sure the request Senator LANDRIEU made takes from the superintendent of schools and District runs. That is why we have 31⁄2 minutes off each side. the president of the school board re- taken on 23 percent of the Federal The PRESIDING OFFICER. That is questing us to take this action. They budget. the Chair’s understanding. are very concerned that millions of Mr. DURBIN. I thank the Senator Who yields time? dollars will go into lawyer’s fees rather from Texas for responding to my ques- The Senator from Texas. than to improve the services they give. tion. Mrs. HUTCHISON. Mr. President, I In fact, they are increasing the number Reclaiming my time, Mr. President. want to use 5 minutes and be informed of teachers for special needs students. Mrs. HUTCHISON. That is why we at the end of 5 minutes so Senator They are increasing the amount of make sure the Federal taxpayer dollars DURBIN may take the floor, and I would medical equipment for these special are used wisely. like to reserve the remainder of my needs students, and that is exactly The PRESIDING OFFICER. The Sen- time. what we want them to do. So I am try- ator from Illinois has the time. The PRESIDING OFFICER. The Sen- ing to be helpful to the DC schools. Mr. DURBIN. I thank the Senator ator will be notified. Educators are the ones who can best from Texas. Mrs. HUTCHISON. I thank the Chair. determine need. The answer was no. It was a long an- Mr. President, my amendment at- Our amendment also has an out; that swer, but the answer was no, in Texas tempts to be a compromise between if the District itself believes the caps there is no limit on the amount of those who wish to take the caps off the are too low, they have the ability to money paid in her home State to attor- attorney’s fees for suing the District of override this amendment and this act neys representing the families of chil- Columbia School District and what I of Congress and increase the fee caps, dren who are seeking special education. think is a quite reasonable approach, with the mayor and the school district But she is saying with her amendment which is to keep the caps but raise working together. we are going to change that rule in the them. I think that takes care of letting the District of Columbia. No other State in For the last 3 years, we have had caps local people have a final decision, the Nation has done what the Senator on attorney’s fees. That was made nec- doing what they have asked us to do in from Texas wants to do to the District essary because of the exorbitant fees putting on reasonable caps, as they are of Columbia. that were being charged to the Dis- trying to do the very difficult job of What is this all about? It is about a trict, and that was money coming di- providing a quality education for all law passed by Congress which said we rectly out of the education system. In the students of the District of Colum- want to give kids with disabilities a fact, before the caps were put in place, bia. chance for an education. We know attorney’s fees represented $14 million I was the chairman of the DC Sub- sometimes when they try to seek that of the DC school budget. Since the caps committee and I want so much to do education they have to put up a fight. have been put in place, we have had a what is right for the District. I learned The school board says, no, we cannot

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21905 put them in a special education class. years. The number of hearings filed in dren will be denied access to special If they put up a fight, they have to hire 1998, before the Hutchison amendment, education at a time when all of the a lawyer to go through an administra- for special education purposes in the major disability groups beg us to vote tive hearing. District of Columbia: 2,140. As of last against the Hutchison amendment is The law we passed, for which many of year, that number was cut more than unfair. us voted, said if the family prevails, if 50 percent to 1,011—more than a 50-per- I reserve the remainder of my time. the child goes into special education, cent drop. Mrs. HUTCHISON. Mr. President, the court can decide to pay the attor- Why? Because the poorest kids in the how much time remains on both sides? ney’s fees for the family. Otherwise, District of Columbia who cannot afford The PRESIDING OFFICER. The Sen- what would happen? Exactly what has to have their families pay for a lawyer ator from Texas has 6 minutes 19 sec- happened in the District of Columbia cannot get to court, cannot get into onds, and the Senator from Illinois has right now because of Senator special education. Imagine the life of 6 minutes 15 seconds. HUTCHISON’s amendment the previous that small child which has been de- Mrs. HUTCHISON. Mr. President, years. cided at an early age, which says that please notify me when I have used 4 Poor kids from poor families cannot whether they have a learning dis- minutes. I want the right to close on afford lawyers. As a result, they do not ability, a physical handicap, or a men- my amendment. I will then yield to the get representation. They do not get a tal disability, they do not have a Senator from Illinois. chance to go into special education chance. If the District of Columbia Mr. President, I will discuss some of classes. school system turns them down, they the issues raised by the Senator from Senator HUTCHISON wants to limit are finished because under Senator Illinois. First, he says the number and the attorney’s fees to stop the poor HUTCHISON’s amendment they would quality of attorneys who take special children in the District of Columbia limit the attorneys to being paid $3,000 education cases has declined since the who are seeking special education to and not one penny more. imposition of the cap. This is not sup- have a legal voice in the process. That I want to say something about the ported by the facts. The number of at- is just plain wrong. If the Senator attorneys who are involved in this. I torney representations in 1997 before wants to repeal the Children with Dis- made a statement earlier, but I want to the caps were put into place was over abilities Act as it applies all across make sure it is clear in the RECORD. 2,000. Last year, there were 1,700 such America, let her offer the amendment. The men and women involved in this representations. We have not seen a I would vote against it, but it would be practice are doing a great service to steep decline in the number of attor- a fair amendment. the families and a great service to our neys willing to take these cases. Most What she is doing is zeroing in on Nation, giving these kids a chance for certainly, $125 an hour, which is what this town because some Members of the special education to receive their full- used to be the cap, and $150, which we Senate and the House cannot help est potential. The fact is, if we hold the are proposing, makes a good living for themselves from playing the role of fees to $3,000 as a maximum in these a person. city councilman and mayor. They just cases, many attorneys cannot afford to A lawyer working 2,000 hours in a love it. They will not leave to the Dis- take the case and, sadly, some taking year earns $300,000 with a $150-an-hour trict of Columbia the power to make these cases are not prepared to deal fee structure. It is not as if we are its own decisions. They want to make with them because they frankly cannot looking at people who would not be the decisions for it. Whether we give put in the time necessary to be suc- able to have a quality of life. This is a the District of Columbia 10 percent or cessful. reasonable amendment. 20 percent of the money it spends, the The worst part of the Hutchison Second, he made the statement that fact is it is responsible under the same amendment is the fact that even access to special education will be in- laws as every State in the Union. though each year she continues to pass hibited, that the disabled students will My colleagues ought to see the let- this along, to stop the poor kids in the not be able to get access to this edu- ters I received in opposition to the District of Columbia from having ac- cation. Access to special education in Hutchison amendment. The Senator cess to special education, the courts the District has improved since the im- from Texas would have us believe this have said they are going to ignore it. position of attorney fee caps in 1999. is a battle over whether or not lawyers They continue to award attorney’s fees The backlog of IDEA initial assess- get paid. This letter I received from the to these firms. Now the District of Co- ments shrank from 1,805 before the Consortium for Citizens with Disabil- lumbia cannot pay out anything more caps to 143 as of March 2001. The back- ities makes it clear all of these organi- than Senator HUTCHISON has allowed log of hearings has been reduced from zations—and these are not bar associa- them, but the amount of money that 900 to 20 during the same period. Over- tions, I might say for the record: the District still owes to these attor- all expenditures for special education Easter Seals, the American Occupa- neys is there and continues to earn in- in the District have increased 38 per- tional Therapy Association, Higher terest and grow. It is a huge element of cent since the caps were imposed. The Education Consortium for Special Edu- debt for the District of Columbia that number of new special education place- cation, Council for Learning Disabil- is not being served by the amendment ments, the number of children who ities, Council for Exceptional Children, of the Senator from Texas. have been able to be served, has in- Epilepsy Foundation, Helen Keller Na- I urge all Members to think about creased from 8,120 before the fee caps to tional Center—oppose the Hutchison the simple justice of this situation. 11,991 last year. The argument that amendment. Senator HUTCHISON says she is just de- children are being denied access is not If it was such a wonderful idea to claring war on trial lawyers. Very few supported by the facts. More children stop paying the attorney’s fees so we trial lawyers are going to take on cases have been able to be accommodated be- could give money for special education, involving special education. It takes a cause the money is going into special would you not think these groups that special attorney with a special dedica- education and not into the coffers of represent disabled kids would be in tion to make it happen. She may pick lawyers. favor of this amendment? or choose some of the attorney’s fees, if The Senator talks about who is They know better. They know what a particular fee is excessive, but each against my amendment. Let’s talk Senator HUTCHISON is doing. She is tak- has to be approved by the court. If that about who is for my amendment. The ing away the legal voice of the poorest court and that judge make a decision school board of the District of Colum- kids in the District of Columbia. under the law, we have said that is the bia is elected by the people of the Dis- Then we received letters from some way it will apply to Texas, to Lou- trict. They are for this amendment. lawyers, and the lawyers tell us what isiana, and to the State of Illinois. But They have asked the caps be left in has happened as a result of the at this point in time, to take this city, place because they know the money Hutchison amendment over the last 3 the Nation’s Capital, and say DC chil- can go into education, and they are

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 21906 CONGRESSIONAL RECORD—SENATE November 7, 2001 very concerned if the caps go off and $10,000. That is the average. Senator I want to address a couple of points the judge who has been awarded law- HUTCHISON gives reference to $1 million made by the Senator from Illinois. He yer’s fees, even against the Federal here and $1 million there. That is not says it is no surprise that since the law, has said he is going to require the the case. caps were put in place there were fewer District to pay the fees that were ille- What you have here is as a result of lawsuits filed. No, that is not the issue. gal, which is a convoluted reasoning, at the Hutchison amendment, the DC city The issue is that more students are ac- the very best, but nevertheless the council has said we should keep in tually being served and there is no judge has said he is going to do it. mind in voting against the Hutchison charge by anyone that there is a denial We are told we better lift the caps so amendment—8 out of 13 members of the of due process. the judge can go ahead and do it, and city council said by putting the In fact, before the caps went into we are told that will be good for the Hutchison cap on the payment of fees place there were 8,120 special need stu- children of the District. for those who want to get kids into dents in the DC schools. Now there are I have not quite gotten that line of special education, it makes it more dif- 11,191. There are only fewer than 50 thinking. The bottom line is the people ficult for the kids to get the education cases even left pending. elected by the people of the District of to which they are entitled. I think the District is now getting a Columbia want the caps. They did not It discriminates against low-income handle on the situation. They are put- ask me to raise the caps. I did that be- families. Make no mistake, if you live ting more students in the classrooms. cause I was trying to come up with in the DC area and you want to get That is because they have the money something that would be reasonable, to your child into special education, and not going to lawyers but going into try to make sure we were not in any you are wealthy, you will hire a law- education. That is why the elected rep- way doing something to harm anyone. yer. But if you are poor, you are out of resentatives of the school district have My bottom line is when the super- luck under the Hutchison amendment. asked that the caps be left in place. intendent of schools and the chairman The effect of the cap is to treat the We are raising the caps to keep in of the school board, elected by the peo- children in the District of Columbia step with the times. One hundred and ple of the District, ask me to keep the differently than any other State, in- fifty dollars an hour certainly will get caps and, for Heavens’ sake, not allow cluding the State of Texas. a quality lawyer. I think that has been a retroactive use of the District’s funds The way to improve special edu- proven. The fact is, before the caps, to go to lawyers instead of education, cation, according to the District of Co- these were the kinds of abuses that the to the children of the District, it will lumbia city council, is programmatic. attorneys made of the system. One at- not wash. Improve the programs rather than torney, before the caps, earned $1.4 mil- I reserve the remainder of my time. limit the advocacy. The fact is, the in- lion in fees alone on suing the District The PRESIDING OFFICER. The Sen- efficiency of the DC public school sys- schools. One law firm billed over $5 million in fees in a single year, suing ator from Illinois. tem, their inability to deal with the the District schools. There were sub- Mr. DURBIN. Mr. President, it should legal challenges that face them, has led missions of incredible expenses, asking not come as a surprise the Senator to this problem. the District to pay for flowers, for a from Texas says since she put a limita- Although the Hutchison amendment trip to New Orleans to supposedly tion on attorney’s fees, few cases are in the last 3 years may have made us scout out another school where they filed. That is no surprise. The poor feel good about limiting DC liability, would argue a child should be sent, a children in this District looking for we have not done it. During that period ski trip—my goodness. special education cannot get attorneys of time, the amounts awarded to attor- We need some limitations on these who will do it for $3,000. What happens neys for the work they have done have kinds of abuses. That is what the to those kids? They end up sitting in continued to grow and interest has amendment would do. the back of the classroom, falling be- continued to grow. There will be a day The District is asking us to do this. hind. They become discouraged and of reckoning for the District of Colum- It has worked well. It has allowed the drop out. Then think of the problems bia. It is time for us to face reality. District to increase its ability to serve that follow in their lives. These are legitimate debts of the Dis- the special needs students and the What a great solution offered by the trict for attorneys who have rep- amendment also allows the mayor and Senator. We are keeping out of special resented some of the poorest kids in the school superintendent to increase education kids who have learning dis- the District of Columbia. If a cap on at- the caps if they think it is necessary. abilities, mental and physical handi- torney’s fees in the State of Texas is I urge my colleagues to vote for this caps. That is the outcome. We can not a good idea, it is not a good idea in amendment for the DC children, the tighten up the system even more, I say the District of Columbia. schoolchildren of the District. to the Senator from Texas, by limiting I ask Members to remember the sim- Mr. REID. I ask unanimous consent how many children can go into special ple fairness that if we stand for special that upon disposition of all amend- education. Then think of how much education and access for all children, ments to H.R. 2944, the District of Co- money would be spent per pupil. That poor and rich alike, you cannot deny lumbia Appropriations bill, the bill be is not fair. It is not just. for those poor children the voice and read a third time and the Senate pro- When she says we ought to do this be- the process they need to get into ceed to vote on passage of the bill; that cause the DC public school board wants school. The Hutchison amendment de- upon passage, the Senate insist on its it done, I am sorry, I have seen the DC nies to these children and their fami- amendment, request a conference with public schools. I have seen reports on lies a chance for special education. the House on the disagreeing votes of them for years. And I frankly think the That is wrong. It is unjust. I hope my the two Houses, and that the Chair be management of the DC public schools colleagues will join me in voting authorized to appoint conferees on the could be a heck of a lot better. It is one against the Hutchison amendment. part of the Senate, with this action oc- of the reasons the District of Columbia, The PRESIDING OFFICER. The Sen- curring with no intervening action or year in and year out, has such poor rat- ator from Texas. debate. ings by the Annie Casey Foundation Mrs. HUTCHISON. Mr. President, The PRESIDING OFFICER. Without when it comes to the quality of life for how much time is left on both sides? objection, it is so ordered. children. The PRESIDING OFFICER. The Sen- All time for the amendment has ex- Let me tell you something else the ator from Texas has 2 minutes and 6 pired. The Senator from Illinois. DC public schools did not tell you. The seconds. The Senator from Illinois has Mr. DURBIN. I move to lay the average cost per case before the 27 seconds. Hutchison amendment on the table and Hutchison cap for attorney’s fees, for Mrs. HUTCHISON. I ask the Senator I ask for the yeas and nays. those representing kids going into spe- from Illinois if he has any further use The PRESIDING OFFICER. Is there a cial education, was between $7,500 and for his time or has he yielded back? sufficient second?

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21907 Mrs. HUTCHISON. Mr. President, Craig Helms Roberts (a) from a family with an annual income or DeWine Hutchinson Santorum less than $17,600; or didn’t the unanimous consent agree- Domenici Hutchison Sessions ment say there would be a vote on my (b) from a family where one of the parents Ensign Inhofe Shelby is a disabled veteran; or amendment? I ask there be a direct Enzi Jeffords Smith (NH) (c) where the child has been adjudicated as vote. Feinstein Kyl Smith (OR) Fitzgerald Lott Snowe neglected or abused. Mrs. BOXER. Reserving the right to Frist Lugar Stevens Mr. DURBIN. Mr. President, it is my object, could we find out if it said ‘‘on’’ Gramm McCain Thomas understanding, pursuant to the unani- or ‘‘in relation to.’’ If not, the motion Grassley McConnell Thompson Gregg Miller Thurmond mous consent request, that there are 30 would be in order. Hagel Murkowski Voinovich minutes equally divided. I will not use The PRESIDING OFFICER. The Sen- Hatch Nickles Warner the 15 minutes on my side. ator from Nevada. NAYS—49 The PRESIDING OFFICER. The Sen- Mr. REID. I say to the Senator from ator is correct. Texas, the unanimous consent agree- Akaka Dodd Lincoln Baucus Dorgan Mikulski Mr. DURBIN. I hope to bring this ment said the Senate proceed to vote Bayh Durbin Murray amendment to a vote quickly. in relation to the Hutchison amend- Biden Edwards Nelson (FL) The purpose of this amendment is to ment. Bingaman Feingold Nelson (NE) Boxer Graham dramatize for those who voted for the The PRESIDING OFFICER. The Sen- Reed Hutchison amendment the types of Breaux Harkin Reid ator from Louisiana. Cantwell Hollings Rockefeller children who will be affected by the Carnahan Inouye Ms. LANDRIEU. Let me try to clar- Sarbanes limitation on attorney’s fees. Without Carper Johnson Schumer ify it. I may be confused about what we Cleland Kennedy this Durbin amendment, offered by my- Specter are doing. We had committed to a vote Clinton Kerry self and Senator BOXER from Cali- on the Hutchison amendment, which is Conrad Kohl Stabenow Torricelli fornia, literally children from families supposed to be at this time. Then I am Corzine Landrieu Crapo Leahy Wellstone with less than poverty income, chil- aware of no other amendment to this Daschle Levin Wyden dren from families where one of the bill, and we could move to final pas- Dayton Lieberman parents is a disabled veteran, or chil- sage. The amendment (No. 2110) was agreed dren from families where there has I am also aware that Senator LEVIN to. been adjudication that the child has had a request for a colloquy about a Mrs. HUTCHISON. Mr. President, I been neglected or abused would have subject that he is very interested in. I move to reconsider the vote. been limited in being represented in an wanted to bring that to the attention Mr. REID. I move to lay that motion effort to bring them into a special edu- of our leader. on the table. cation class. These kids face learning Mr. REID. I say to my friend from The motion to lay on the table was disabilities and other mental and phys- Louisiana, I guess the question is agreed to. ical disabilities. whether or not Senator DURBIN’s mo- Mr. REID. Mr. President, I ask unan- The purpose of this amendment is to tion to table would be in order and it is imous consent that Senator CLELAND say we are making a clear exception to according to the unanimous consent be recognized to speak in morning busi- the Hutchison limitation, and that sec- agreement. I don’t know if there was ness for up to 10 minutes and that fol- tion applies to these three categories— some other agreement. lowing his statement, there be 30 min- children and the families as they are Ms. LANDRIEU. Mr. President, I sug- utes for debate with respect to the Dur- described in the amendment. I sin- gest the absence of a quorum. bin amendment which he will offer and cerely hope that those who vote for The PRESIDING OFFICER. The that the time be equally divided and this amendment will pause and reflect clerk will call the roll. controlled and that no amendments be on the fact that these are only three The senior assistant bill clerk pro- in order prior to the vote on the categories of children who will be dis- ceeded to call the roll. amendment. advantaged by the Hutchison amend- Mr. DURBIN. Mr. President, I ask Mr. DURBIN. Reserving the right to ment. There are many others, I am unanimous consent the order for the object, I would like to amend that so I sure, who will come to light as we con- quorum call be dispensed with. have the same opportunity the Senator sider the impact of her amendment. The PRESIDING OFFICER. Without from Texas had for an up-or-down vote. To think the District of Columbia, objection, it is so ordered. Mr. REID. That was done. the Nation’s Capital, would be the one Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without city in the United States of America unanimous consent to withdraw my objection, it is so ordered. where we would not give the full pro- motion to table. The Senator from Georgia. tection of the laws to the poorest chil- dren is unacceptable. At least with this The PRESIDING OFFICER. Without (The remarks of Mr. CLELAND per- objection, it is so ordered. taining to the introduction of S. 1650 amendment, children in three cat- egories will have a fighting chance, if Mr. REID. I ask for the yeas and nays are located in today’s RECORD under on the amendment. ‘‘Statements on Introduced Bills and they need special education to have The PRESIDING OFFICER. Is there a Joint Resolutions.’’) any opportunity to be successful in sufficient second? The PRESIDING OFFICER. The Sen- life. Ms. LANDRIEU. Will the Senator There is a sufficient second. ator from Illinois is recognized. The question is on agreeing to the yield for a question? AMENDMENT NO. 2111 amendment. The clerk will call the Mr. DURBIN. I will be glad to yield. roll. Mr. DURBIN. Mr. President, I send Ms. LANDRIEU. Mr. President, I The senior assistant bill clerk called an amendment to the desk. know the Senator from California is the roll. The PRESIDING OFFICER. The here to speak on the amendment. I The PRESIDING OFFICER (Mr. clerk will report. think the amendment the Senator from The legislative clerk read as follows: JOHNSON). Are there any other Sen- Illinois has offered has a great deal of ators in the Chamber desiring to vote? The Senator from Illinois [Mr. DURBIN], for merit. If we are called to vote on it, we The result was announced—yeas 51, himself and Mrs. BOXER, proposes an amend- will be happy to vote for this amend- ment numbered 2111. ment because it points out some of the nays 49, as follows: At the appropriate place insert the fol- [Rollcall Vote No. 329 Leg.] real problems we are trying to resolve. lowing: My question for the Senator from Il- YEAS—51 SEC. . The limitation on attorneys fees paid by the District of Columbia for actions linois is, I have some language that I Allard Brownback Campbell am prepared to offer requesting the Allen Bunning Chafee brought under I.D.E.A. (20 U.S.C. 1400 et seq) Bennett Burns Cochran (Sec. 138) shall not apply if the plaintiff is a GAO to study some of the costs associ- Bond Byrd Collins child who is— ated not just with the District but for

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 21908 CONGRESSIONAL RECORD—SENATE November 7, 2001 other districts in the Nation that have a little bit, what do these kids look The PRESIDING OFFICER. Without comparable demographics and size. like? A lot of them are living in pov- objection, it is so ordered. The clerk Will he mind if we discuss the possi- erty. A lot of them are abused and ne- will call the roll. bility of including this language as we glected. Some have parents, one or The legislative clerk proceeded to debate his amendment and perhaps de- two, who served in the military who call the roll. cide to vote on it if that will expedite may be disabled. These families need Ms. LANDRIEU. Mr. President, I ask this process and get to a vote more special help for these special children. unanimous consent that the order for quickly on this bill? I am very proud to be a cosponsor of the quorum call be dispensed with. Mr. DURBIN. I say to the Senator, I this amendment. I look forward to a re- The PRESIDING OFFICER. Without consider this a friendly amendment. I sounding vote which will, in fact, objection, it is so ordered. want to have a chance to review it change the amendment we just adopted Ms. LANDRIEU. Mr. President, we while the Senator from California is and say in these circumstances, which are ready to vote on this amendment. addressing my amendment. I hope we will cover many children I am happy to The Senator from Illinois perhaps has can find a way to deal with this issue. note, we will not have this double some additional time, but if there are I yield 4 minutes to the Senator from standard. no other speakers, if the Senator from California. I thank the Chair, and I reserve the Illinois wants to call for the yeas and The PRESIDING OFFICER. The Sen- remainder of the time for Senator DUR- nays, we probably can have this vote. ator from California. BIN. Mr. DURBIN. I want to make certain Mrs. BOXER. Mr. President, I thank The PRESIDING OFFICER. Who the other side has the opportunity, if the Senator from Illinois for his leader- yields time? they want, to speak. Otherwise, I am ship this afternoon on behalf of chil- Ms. LANDRIEU. Mr. President, I sug- prepared to yield all my time back and dren and families who perhaps have the gest the absence of a quorum. ask for the yeas and nays. softest voice. Why do I say that? It is The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there a because these families are struggling objection, it is so ordered. The clerk sufficient second? with children who have disabilities, will call the roll. There appears to be a sufficient sec- who are unable to speak for them- The legislative clerk proceeded to ond. selves, who need to get special help in call the roll. The yeas and nays were ordered. school and sometimes have to fight and Mr. WELLSTONE. Mr. President, I Mr. DURBIN. Before I yield the time, struggle and work to get that help. ask unanimous consent that the order I want to see if there is anyone on the I believe the amendment that was for the quorum call be rescinded. other side—the Senator from Texas or just adopted by this body on a narrow The PRESIDING OFFICER. Without others—who wants to speak to this vote sends a very bad message. It sends objection, it is so ordered. Who yields amendment. a message that disabled children, chil- time? Mr. President, I yield back the re- dren in need of special education, sim- Mr. WELLSTONE. Mr. President, I mainder of my time under the unani- ply are not as important as a govern- ask for 3 minutes to speak in behalf of mous consent request, and I ask unani- mental entity that has an unlimited the Durbin amendment. mous consent that all time on this ability to hire the highest paid attor- Mr. DURBIN. I ask the Senator from amendment be yielded back so we can neys. Minnesota be yielded 3 minutes. go to a vote. In the case of the District, I have The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without learned that, in fact, the District does ator has that right. objection, it is so ordered. go to the private sector, does throw the Mr. WELLSTONE. Mr. President, I The question is on agreeing to best they can against these children have not had a chance to examine amendment No. 2111. The yeas and nays and against their families. There is no every word of the Durbin amendment, have been ordered. The clerk will call limit, as my friend from Illinois point- but my understanding of what the Sen- the roll. ed out, on the attorneys the school dis- ator from Illinois has said is when it The bill clerk called the roll. trict decides to hire. Yet this onerous comes to making sure parents of chil- Mr. NICKLES. I announce that the amendment that was just adopted dren with disabilities have legal rep- Senator from Nebraska (Mr. HAGEL) is quite narrowly treats these children resentation if they need it to make an necessarily absent. differently. appeal for their children whom they be- The PRESIDING OFFICER (Mr. NEL- We have the greatest country in the lieve are not receiving the support and SON of Nebraska). Are there any other world, and in these days more than education they need, in light of the Senators in the Chamber desiring to ever we have come to recognize that amendment of the Senator from Texas vote? every minute of every hour of every being adopted, when it comes to a sin- The result was announced—yeas 73, day. One of the reasons is that before gle parent or low-income or a disabled nays 26, as follows: the law, everyone is equal. That is Vietnam vet or veteran and other such [Rollcall Vote No. 330 Leg.] what we stand for: Before the law, ev- categories, it is clear these families ab- YEAS—73 eryone is equal. solutely should not be without legal But when we say to a governmental representation. Therefore, the amend- Akaka Daschle Leahy Allen Dayton Levin entity it can pay whatever it wants ment of the Senator from Texas would Baucus DeWine Lieberman against a family who has a child in not apply. Bayh Dodd Lincoln need of special help, but then we re- My colleague from Illinois has made Bennett Domenici Lugar Biden Dorgan McCain strict the kind of attorney, the number an appeal to Senators to avoid the Bingaman Durbin of dollars that can go to fight that harshness, to make sure there is the Mikulski Boxer Edwards Murkowski Breaux Feingold child’s battle, we are setting up a play- legal representation for families who Murray Burns Feinstein ing field that is not level. need it, to make sure we are on the Nelson (FL) Byrd Fitzgerald That is why I am so happy the Sen- side of vulnerable children and vulner- Campbell Graham Nelson (NE) ator from Illinois, with the support of able families. Cantwell Harkin Reed the chair of the subcommittee, Senator This amendment is compassionate. Carnahan Hollings Reid Carper Hutchinson Rockefeller LANDRIEU, has put forward this amend- This amendment goes directly to what Chafee Hutchison Sarbanes ment for the two of us because what we is at issue. I hope there will be 100 Cleland Inouye Schumer are saying is: Let’s take a look at these votes for the amendment offered by the Clinton Jeffords Shelby children. Let’s not just have some Senator from Illinois. I add my sup- Cochran Johnson Smith (OR) Collins Kennedy Snowe vague amendment that says attorney’s port. Conrad Kerry Specter fees shall be limited. That always looks Mr. President, I suggest the absence Corzine Kohl Stabenow good on a voting record, but if we dig of a quorum. Crapo Landrieu

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Stevens Voinovich Wellstone ‘‘(i) The port of arrival or departure, (c) DEFINITION.—Section 401 of the Tariff Torricelli Warner Wyden whichever is applicable. Act of 1930 (19 U.S.C. 1401) is amended by add- NAYS—26 ‘‘(ii) The carrier code, prefix code, or, both. ing at the end the following new subsection: ‘‘(iii) The flight or trip number. ‘‘(t) AIR CARRIER.—The term ‘air carrier’ Allard Grassley Nickles Bond Gregg Roberts ‘‘(iv) The date of scheduled arrival or date means an air carrier transporting goods or Brownback Hatch Santorum of scheduled departure, whichever is applica- passengers for payment or other consider- Bunning Helms Sessions ble. ation, including money or services ren- Craig Inhofe Smith (NH) ‘‘(v) The request for permit to proceed to dered.’’. Ensign Kyl Thomas the destination, if applicable. (d) EFFECTIVE DATE.—The amendments Enzi Lott Thompson ‘‘(vi) The numbers and quantities from the made by this section shall take effect 45 days Frist McConnell Thurmond master and house air waybill or bills of lad- after the date of enactment of this Act. Gramm Miller ing. Mr. DORGAN. Mr. President, the NOT VOTING—1 ‘‘(vii) The first port of lading of the cargo. amendment I have offered is an amend- Hagel ‘‘(viii) A description and weight of the ment I have offered on two previous ap- cargo. The amendment (No. 2111) was agreed ‘‘(ix) The shippers name and address from propriations bills. I will not go into a to. all air waybills or bills of lading. long and tortured explanation. The Ad- Mr. REID. Mr. President, I move to ‘‘(x) The consignee name and address from vance Passenger Information System reconsider the vote. all air waybills or bills of lading. should now be in the law. But because Mr. DURBIN. I move to lay that mo- ‘‘(xi) Notice that actual boarded quantities of a jurisdictional issue that arose a tion on the table. are not equal to air waybill or bills of lading couple of weeks ago, it is not in the The motion to lay on the table was quantities. law. In a couple minutes, I will explain agreed to. ‘‘(xii) Transfer or transit information. exactly what it is. ‘‘(xiii) Warehouse or other location of the AMENDMENT NO. 2112 cargo. I just came from S. 207 where I am a The PRESIDING OFFICER. The Sen- ‘‘(xiv) Such other information as the Sec- conferee on the aviation security issue. ator from North Dakota. retary, by regulation, determines is reason- That conference is ongoing right now. Mr. DORGAN. Mr. President, I have ably necessary to ensure aviation transpor- We are dealing with the issue of avia- an amendment at the desk. tation safety pursuant to the laws enforced tion security which is of great impor- The PRESIDING OFFICER. The or administered by the Customs Service. tance to all people in this country. clerk will report. ‘‘(3) AVAILABILITY OF INFORMATION.—Infor- How do we make flying more safe and The assistant legislative clerk read mation provided under paragraph (2) may be more secure? We are doing that be- shared with other departments and agencies as follows: of the Federal Government, including the cause of the concern about terrorism. The Senator from North Dakota [Mr. DOR- Department of Transportation and the law One of the issues in dealing with ter- GAN] proposes an amendment numbered 2112. enforcement agencies of the Federal Govern- rorism has been to try to make manda- Mr. DORGAN. Mr. President, I ask ment, for purposes of protecting the national tory something that has been vol- unanimous consent that reading of the security of the United States.’’. untary with respect to all airlines that amendment be dispensed with. (2) CONFORMING AMENDMENTS.—Subpara- are carrying passengers into this coun- The PRESIDING OFFICER. Without graphs (A) and (C) of section 431(d)(1) of such try. Some 78 million people fly into Act are each amended by inserting before the objection, it is so ordered. this country each year as guests of our semicolon ‘‘or subsection (b)(2)’’. country. They come on visas. They are The amendment is as follows: (b) PASSENGER INFORMATION.—Part II of (Purpose: To provide for mandatory ad- title IV of the Tariff Act of 1930 is amended guests of the United States. Most of vanced electronic information for air cargo by inserting after section 431 the following them are precleared. Their names are and passengers entering the United States) new section: provided by airline carriers under what On page 68, between lines 4 and 5, insert ‘‘SEC. 432. PASSENGER AND CREW MANIFEST IN- is called the Advance Passenger Infor- the following: FORMATION REQUIRED FOR AIR mation System, APIS. They are pro- CARRIERS. SEC. 137. MANDATORY ADVANCED ELECTRONIC vided to us in advance so we can run INFORMATION FOR AIR CARGO AND ‘‘(a) IN GENERAL.—For every person arriv- the names of the people who are com- PASSENGERS ENTERING THE ing or departing on an air carrier required to ing from other countries against a list UNITED STATES. make entry or obtain clearance under the (a) AIR CARGO INFORMATION.— customs laws of the United States, the pilot, that the FBI has, that the Customs (1) IN GENERAL.—Section 431(b) of the Tar- the master, operator, or owner of such car- Service has, and that 21 different Fed- iff Act of 1930 (19 U.S.C. 1431(b)) is amended— rier (or the authorized agent of such owner eral agencies have. It is a list to deter- (A) by striking ‘‘(b) PRODUCTION OF MANI- or operator) shall provide, by electronic mine whether any of these people who FEST.—Any manifest’’ and inserting the fol- transmission, manifest information specified are coming into the country are known lowing: in subsection (b) in advance of such entry or or suspected terrorists or are people ‘‘(b) PRODUCTION OF MANIFEST.— clearance in such manner, time, and form as who are acquainted with and associ- ‘‘(1) IN GENERAL.—Any manifest’’; the Secretary shall prescribe. ated with terrorists because we don’t (B) by indenting the margin of paragraph ‘‘(b) INFORMATION.—The information speci- (1), as so designated, two ems; and fied in this subsection with respect to a per- want them to come to this country. (C) by adding at the end the following new son is— People who come in are guests of ours paragraph: ‘‘(1) full name; with visas. But if they are on a list of ‘‘(2) ADDITIONAL INFORMATION.— ‘‘(2) date of birth and citizenship; suspected people who associate with ‘‘(A) IN GENERAL.—In addition to any other ‘‘(3) sex; terrorists or who are suspected of ter- requirement under this section, every air ‘‘(4) passport number and country of rorist acts, we don’t want them in this carrier required to make entry or obtain issuance; country. clearance under the customs laws of the ‘‘(5) United States visa number or resident Eighty-five percent of the people United States, the pilot, the master, oper- alien card number, as applicable; ator, or owner of such carrier (or the author- ‘‘(6) passenger name record; and coming into the United States have ized agent of such owner or operator) shall ‘‘(7) such other information as the Sec- their names submitted to this Advance provide by electronic transmission cargo retary, by regulation, determines is reason- Passenger Information System. Fifteen manifest information specified in subpara- ably necessary to ensure aviation transpor- percent do not. graph (B) in advance of such entry or clear- tation safety pursuant to the laws enforced Among the airlines that do not com- ance in such manner, time, and form as the or administered by the Customs Service. ply with this voluntary system are air- Secretary shall prescribe. The Secretary ‘‘(c) AVAILABILITY OF INFORMATION.—Infor- lines from Saudi Arabia, Pakistan, may exclude any class of air carrier for mation provided under this section may be Egypt, Jordan, and, until last week, which the Secretary concludes the require- shared with other departments and agencies ments of this subparagraph are not nec- of the Federal Government, including the the country of Kuwait. I could name essary. Department of Transportation and the law others. ‘‘(B) INFORMATION REQUIRED.—The informa- enforcement agencies of the Federal Govern- One should ask the question: tion specified in this subparagraph is as fol- ment, for purposes of protecting the national Wouldn’t we want passenger informa- lows: security of the United States.’’. tion from those airlines flying here

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.000 S07NO1 21910 CONGRESSIONAL RECORD—SENATE November 7, 2001 from that part of the world? The an- The motion to lay on the table was provided by the House. We hold out swer is clearly yes. The head of the agreed to. hope that, as the Chairwoman and the Customs Service, the Bush administra- Ms. LANDRIEU. Mr. President, we other conferees negotiate with our col- tion, and others say this ought to be are ready to move to final passage. leagues in the House, you could find made mandatory. I agree. There are no other outstanding amend- some way to provide funding needed by I offered the amendment in the Sen- ments that will require a vote. Food and Friends. ate to make it mandatory on the AMENDMENT NO. 2113 Ms. MIKULSKI. We would not make counterterrorism bill. The Senate ap- Ms. LANDRIEU. Mr. President, I this request unless we were truly con- proved that amendment, and we would, have an amendment by Senator vinced of the need and the terrific work therefore, have mandatory information DEWINE and myself referencing the that Food and Friends does. Food and about who is coming into this country, need for a GAO report. I ask unani- Friends serves individuals from diverse and that would be applied to the var- mous consent that it be agreed to at economic backgrounds, but 64 percent ious devices we have in the Customs this time. of their clients live on incomes of less Service and the FBI to check these The PRESIDING OFFICER. Without than $550 per month. With the cost of names. It went to conference with the objection, it is so ordered. medication and treatments for criti- other body, and it was kicked out of The amendment (No. 2113) was agreed cally ill individuals estimated at be- conference because of jurisdictional to. tween $500 and $1,000 per month, the issues. Some believed committee juris- The amendment is as follows: services provided by Food and Friends dictional issues were more important On page 68, after line 4, insert: are critical. This funding would allow than national security, so they kicked SEC. . The GAO, in consultation with the the organization to serve more than it out. relevant agencies and members of the Com- 2,000 clients daily. The organization I stated that I would offer it to the mittee on Appropriations Subcommittee on has already raised $1.6 million for this bills that are on the floor of the Senate DC Appropriations, shall submit by January initiative and expects to raise an addi- until we get it passed and into law. It 2, 2002 a report to the Committees on Appro- tional $2 million, but needs Federal priations of the House and the Senate and should have been on the the Committee on Governmental Affairs of support to complete the project. For counterterrorism bill the President the Senate and the Committee on Govern- me this is a hand-up to Food and signed. Since the day the President ment Reform of the House of Representa- Friends, not a hand-out. signed that bill, a bill that contains tives detailing the awards in judgment ren- Ms. LANDRIEU. I thank the Sen- this provision, 180,000 people have come dered in the District of Columbia that were ators from Maryland. I am certainly into this country whose names have in excess of the cap imposed by prior appro- aware of this wonderful organization not been precleared under the Advance priations acts in effect during the fiscal year and this project and the good work Passenger Information System. A fair when the work was performed, or when pay- that they do delivering meals to people ment was requested for work previously per- suffering from terminal illnesses and number of them came from Pakistan, formed, in actions brought against the Dis- Egypt, Jordan, Saudi Arabia, Kuwait, trict of Columbia Public Schools under the AIDS. I know that the Senators from and others. Individuals with Disabilities Act (20 U.S.C. Maryland are very concerned about Does that improve security in this § 1400 et seq.). Provided further, that such re- this matter and I will certainly be will- country? In my judgment, no. We port shall include a comparison of the cause ing to work with you both to see if we ought to do the right thing. This is not of actions and judgments rendered against can include this worthy project in con- about committee jurisdiction; it is public school districts of comparable demo- ference with the House. about national security. In my judg- graphics and population as the District. Mr. SARBANES. I thank the Chair ment, we ought to say to all foreign FOOD AND FRIENDS and look forward to working with her. carriers and airlines coming into this Mr. SARBANES. Will the distin- Ms. MIKULSKI. As an appropriator, I country and bringing our foreign guished floor manager yield for the appreciate the efforts of the chairman, guests that if they do not subscribe to purpose of a colloquy with Senator MI- and also look forward to working with mandatory submission of names under KULSKI and myself regarding Food and her. the Advance Passenger Information Friends, a nonprofit organization that Mr. LEVIN. Mr. President, since the System, they are welcome to land else- provides meals to adults and children late-1980s, I have urged the mayors of where; they may not land at an airport battling AIDS and other life-threat- the District of Columbia and Commis- in this country. ening illnesses in the Washington met- sioners of the DC Taxicab Commission That is all my amendment does. It is ropolitan region? toward implementation of rec- supported by the administration. It Ms. LANDRIEU. I am happy to yield. ommendations from numerous District was requested by the administration Mr. SARBANES. For the past 12 of Columbia studies to replace the cur- and should now be law, but is not be- years, Food and Friends has been pro- rent taxicab zone fare with a meter cause we had a squabble here a couple viding an invaluable and unique service system. According to the nationwide of weeks ago and it was kicked out in to people in Washington, DC, eight Taxicab, Limousine, and Paratransit conference. I have offered it previously. counties of Maryland and seven coun- Association, the District of Columbia I offer it again today. My under- ties in Virginia, living with HIV/AIDS is the only major city in the Nation standing is that it will be approved by and other life-challenging illnesses. where taxi fares are calculated by a a voice vote. I also intend to offer it in The group’s network of over 700 volun- zone system rather than a meter sys- the conference on aviation security, of teers and some 45 chefs, registered di- tem. The use of the zone system is es- which I am a member and which is now eticians and other staff provide home- pecially unfair to our great number of meeting in S. 207. delivered meals and groceries, nutri- out-of-town tourists who have to cope I ask for immediate consideration of tion counseling, as well as friendship with a complicated, confusing zone fare my amendment. and care to more than 1,300 clients system with no basis on which to judge I yield the floor. daily and the number of people seeking the accuracy of a particular fare. In my Ms. LANDRIEU. Mr. President, we these services continues to grow dra- own experience, as a DC resident, I have no further debate. matically. In order to accommodate have encountered at least 10 different The PRESIDING OFFICER. If there the service demands, Food and Friends cab fares for the exact same trip to and is no further debate, without objection, has embarked on a $6 million capital from National Airport. A metered sys- the amendment is agreed to. campaign to construct a new facility to tem would eliminate this problem. The amendment (No. 2112) was agreed serve its clients. We recognize that the There is a lot of correspondence that to. committee was faced with many sig- has transpired over the years on this Mr. DORGAN. Mr. President, I move nificant funding demands in this bill matter. I would like to share with the to reconsider the vote, and I move to and limited allocations and could not Senate the letter I recently received lay that motion on the table. accommodate the $2 million in funding from Mayor Williams. I would also like

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21911 to include earlier correspondence I re- I thank you for your interest in this mat- of Columbia, please do not hesitate to con- ceived from Representative ELEANOR ter and for sharing my commitment to im- tact me. HOLMES NORTON, who I have kept in- prove the District’s taxicab industry. Should Sincerely, formed at every stage of the taxi meter you require any additional information, do ELEANOR HOLMES NORTON. not hesitate to contact me. issue, as well as several letters from Sincerely, CONGRESS OF THE UNITED STATES, the Barry and Kelly administrations. ANTHONY A. WILLIAMS. HOUSE OF REPRESENTATIVES, There have been broken promise after Washington, DC, October 20, 1998. broken promise. Mayor Williams’ let- MARCH 15, 1999. Re Taxicab Issue Follow-up. ter sets out a course of action. If it is Hon. LINDA W. CROPP, JACKIE PARKER, not followed, I intend to bring this Chairman, Council of the District of Columbia, Deputy Legislative Director (Senator Carl matter to a head next year—after two Washington, DC. Levin). decades of broken promises. DEAR CHAIRMAN CROPP: I am transmitting This memo is a follow-up to our recent Ms. LANDRIEU. Mr. President, let for the consideration of the Council of the conversations on the taxicab issue. As you me just say from the outset that I ap- District of Columbia (Council) a proposed know, Senator Levin came in to see the Con- preciate my colleague’s comments. The resolution entitled the ‘‘District of Columbia gresswoman regarding the D.C. Taxicab Commission’s reluctance to forward to the District of Columbia is the only major Taxicab Commission Metered System for De- termining Fares Approval Resolution of City Council the previous Commission’s rec- city that does not have a meter system 1999.’’ The proposed resolution is submitted ommendation to move to a meter system for in place. The current zone system com- in accordance with D.C. Law 6–97, the ‘‘Dis- D.C. cabs. Following the meeting with Sen- promises the integrity of the DC taxi- trict of Columbia Taxicab Commission Es- ator Levin, the Congresswoman called Taxi- cab system. The apparent variance tablishment Act of 1985,’’ as amended, spe- cab Commission Chair Novell Sullivan and among cab fares to the same destina- cifically, D.C. Code § 40–1707(b)(1)(B) (1998 City Council Chair Linda Cropp. Council tion shows how the current system can Repl. Vol.). The law provides that the Com- Chair Cropp confirmed that the new Taxicab be misunderstood and even abused. I mission’s Panel on Rates and Rules shall not Commission had not yet forwarded a rec- ommendation to the full Council for its con- deeply appreciate Senator LEVIN’s deci- authorize a metered system for determining sideration. However, Commission Chair Sul- sion to withhold an amendment at this taxicab fares without a 60-day period of Council review of the proposal. livan agreed to schedule the meters issue for time based on the mayor’s letter. And If you have any questions regarding this a vote before the full Commission at its next I certainly understand that Senator matter, please contact George W. Crawford regularly scheduled meeting. That vote oc- LEVIN will be back with his amendment at the Taxicab Commission. curred on October 6, 1998, and the Commis- if meters are not in place, as indicated I urge the Council to take prompt and fa- sion voted unanimously to recommend me- in Mayor Williams’ letter, early next vorable action to approve the Commission’s ters to the Council. Once the Council re- year, and I intend to support Senator proposal for the use of meters for deter- ceives the transmission (after the Corpora- LEVIN’s efforts to end the current intol- mining taxicab fares at your earliest conven- tion Counsel reviews the legal sufficiency of erably confusing situation. ience. the transmission and the Mayor gives his ap- Mr. LEVIN. Mr. President, I ask Sincerely, proval), it has 60 days to decide whether or not it will approve the recommendations of unanimous consent the letters to ANTHONY A. WILLIAMS, Mayor. the Commission. The Commission does not which I referred be printed in the have the authority, on its own, to effectuate RECORD. a change to a meter system for D.C. cabs. CONGRESS OF THE UNITED STATES, There being no objection, the letters I hope that this information is useful. HOUSE OF REPRESENTATIVES, were ordered to be printed in the Please do not hesitate to call me if you have Washington, DC, September 22, 1998. RECORD, as follows: any further questions. Senator CARL LEVIN, JON BOUKER, OCTOBER 10, 2001. Russell Senate Office Building, Legislative Director and Counsel Hon. CARL LEVIN, Washington, DC. (Congresswoman Eleanor Holmes Norton). Russell Senate Office Building, DEAR CARL: Thank you for coming in to Washington, DC. see me last week regarding the failure of the GOVERNMENT OF THE DISTRICT OF DEAR SENATOR LEVIN: In accordance with District to adopt a meter system for cabs, your request, I am writing to advise you of COLUMBIA, TAXICAB COMMISSION, following the recommendations of several Washington, DC December 1, 1998. the status of the introduction of a meter sys- studies. I very much appreciate your willing- tem for District of Columbia taxicabs. Let JACKIE PARKER, ness to discuss the matter with me and to Senator Levin’s Office. me state at the outset that I support a give the District the opportunity to consider change from the current zone system to a This is to inform you that the Office of the the matter before you consider any action. I meter system. A proposal to that effect was Corporation Counsel has approved the Taxi- write to provide you with a status report on approved by the District of Columbia Taxi- cab Commission’s proposal to covert to a my efforts since our meeting. cab Commission and transmitted to the meter system for determing fares. The Office Council of the District of Columbia for re- I have spoken directly with the new Chair of Chief Financial Officer is reviewing the view in 1999. At that time, the Council re- of the Taxicab Commission, Chairman Novell proposal for fiscal impact on the District. It quested that the proposal be withdrawn and Sullivan and with the Chair of the D.C. City is anticipated that the proposal will be resubmitted with more detailed information Council, Linda Cropp. Chairman Sullivan has transmitted to the City Council within the on the potential impact of increased fares on agreed to submit the matter to the full Com- next few days. Should you need additional the riding public. mission at its next regularly scheduled meet- information, please let me know. Since that time, the District of Columbia ing on October 6th to consider whether the GEORGE W. CRAWFORD, Taxicab Commission has developed a pro- District should adopt a meter system. Al- General Counsel and Secretary. posed fare structure and conducted the anal- though Chairman Sullivan could not say ysis requested by the Council. In addition, what the outcome of the vote will be, he is GOVERNMENT OF THE DISTRICT OF the Chairman of the Commission has held a eager, as I know you are, to resolve this mat- COLUMBIA, TAXICAB COMMISSION, number of meetings with drivers, individual ter without further study or delay. The Com- Washington, DC September 9, 1993. taxicab owners, taxicab companies, and oth- mission’s recommendation must be sub- Hon. CARL LEVIN, ers in the industry to explain the impact of mitted to the City Council for its final re- Chairman, Subcommittee on Oversight of Gov- the planned change and allay any fears re- view and approval. I have assigned my Legis- ernment Management, Russell Senate Office garding implementation of the new system. lative Director, Jon Bouker, to follow-up Building, Washington, DC. The most recent of those meetings was held with the Commission’s General Counsel, Mr. DEAR CHAIRMAN LEVIN: Thank you for tak- last week. George Crawford, and with staff from the of- ing time from your very demanding schedule It now appears that the Commission is pre- fice of City Council Chair Linda Cropp to en- to meet with me on August 5th. Let me as- pared to act on the proposal. The matter is sure that the process moves forward as expe- sure you again that both Mayor Kelly and I expected to be referred to the Commission’s ditiously as possible. understand and share your concerns about Panel on Rates and Rules for a vote as early I hope that this information is responsive taxicab service in the District of Columbia. as next week and will thereafter be acted to your concerns. I appreciate that you want The Mayor has directed me to resolve the upon by the full Commission and trans- the District and the Taxicab Commission to long standing issues and problems as quickly mitted to the Council for final approval. It is resolve this matter at the local level. As al- as possible. We sincerely appreciate your anticipated that meters could be required in ways, if I can be of further assistance on this support and patience as we work toward this District taxicabs by early next year. or any other matter concerning the District goal.

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 21912 CONGRESSIONAL RECORD—SENATE November 7, 2001 When we met, you requested a description have done their best to help ensure this measure, and the Senate has con- of specific strategies we are undertaking, in- that the District of Columbia gets the curred. cluding timeframes, to fulfill congressional resources it needs to run our Nation’s This is a challenging time for our en- mandates and to improve regulation of the capital. tire Nation. During this time, leaders taxicab industry. Our strategies will accom- plish three major goals by the end of fiscal In addition to many important policy at all levels of government—especially year 1994: provisions and essential funding provi- our local leaders—are working to en- (1) establishment of an appropriate mecha- sions, this legislation removes several sure the safety and preparedness of nism—zones, meters, a new technology or a restrictions Congress has placed upon their communities. Mayor Anthony combination—for calculating taxi fares; the District of Columbia during the Williams and the local government of (2) development of a rate-setting method- last several years. These congressional the District of Columbia should be pro- ology; and provisions have prevented locally vided the same opportunity to perform (3) improvement of the Commission’s regu- passed laws and initiatives from being those duties, and others, as are enjoyed latory and enforcement efforts. Funding for these initiatives is being pro- implemented even with the use of local by other cities and jurisdictions vided by fees imposed by the Commission for funds. With the leadership of Senator throughout the Nation. With the hard the Taxicab Assessment Fund; no appro- LANDRIEU, the underlying legislation work of Senator LANDRIEU, the under- priated funds will be used. Descriptions of takes the necessary steps to correct lying bill recognizes the rights of D.C. the strategies and timeframes for each goal those past wrongs. residents and their elected officials to are enclosed. I am particularly pleased with Sen- debate and decide for themselves the Much needs to be done, and I am excited ator LANDRIEU’s leadership in lifting same policy questions that each of the about the prospects for improving taxi serv- the restriction limiting the autonomy ice in the District. My plans and goals for states and cities in our country may the Taxicab Commission, and an overview of of the local government in the District debate and decide for themselves. the issues facing the Commission, are pro- of Columbia and the rights of domestic The issue of the rights of domestic vided in my testimony that was recently partners who reside here. For the past partners—like rights for women, racial submitted to the House Appropriations Sub- 9 years, Congress has prohibited the minorities, and people with disabil- committee on the District of Columbia. A District from using Federal or local ities—is one of basic civil rights for all copy of that testimony is also enclosed for funds to enact the locally passed people. Individuals should be evaluated your information. Health Care Benefits Expansion Act. on the basis of what they can offer and Let me thank you again for your long- This law, passed by the D.C. City Coun- standing support of the District of Columbia, what they can contribute—not on irrel- and your continuing interest in the Dis- cil in 1992, would allow domestic part- evant considerations like their race, trict’s taxicab policies and services. I am ners to register with the Mayor’s of- gender or sexual orientation. It is a available to you and your staff if you have fice. The Health Care Benefits Expan- question of fundamental fairness. The any questions or need additional informa- sion Act would require all health care United States Congress did not inter- tion. facilities to grant domestic partners fere with Vermont’s approach to pro- Sincerely, visitation rights, and allow District viding equal access to health insurance KAREN JONES HERBERT, employees to purchase health insur- benefits, or with any of the other cities Chairperson. ance at their own cost for domestic and localities throughout the country THE DISTRICT OF COLUMBIA, partners. that passed their own laws governing Washington, DC, August 18, 1993. This law recognizes the legal and domestic partnership. I strongly be- Hon. CARL LEVIN, civil rights of domestic partners in the lieve that Congress should follow its Russell Senate Office Building, U.S. Senate, District of Columbia and is similar to own example set in those instances, Washington, DC. laws passed by more than 100 jurisdic- and should not treat the District of Co- DEAR SENATOR LEVIN: I understand you re- tions and city governments throughout lumbia any differently. cently met with Karen Herbert, our new this country—including my own State Again, I applaud Senator LANDRIEU chairperson of the D.C. Taxicab Commission. of Vermont. Vermont passed its for her leadership in drafting this bill Ms. Herbert has developed an ambitious, but long overdue reform agenda for the D.C. version of a domestic partnership law and I encourage my colleagues to vote Taxicab Commission. In addition, she has for health benefits in 1994. Last year, in support of the FY 2002 District of taken steps to improve driver training and our State went even further when it Columbia appropriations bill. testing, complaint resolution and enforce- took the bold and courageous step of Ms. LANDRIEU. Mr. President, as we ment activities. extending the same legal State benefits move to final passage on this bill, I I fully understand your concerns and frus- already enjoyed by married couples to again thank my ranking member for trations and want to assure you that we are same sex couples. his very extraordinary and dedicated aggressively seeking consultants who spe- This restriction Congress placed on work over the weeks and months to cialize in taxicab regulation and transpor- the D.C. Government sent the wrong tation economics to assist us in developing a bring this bill to the floor and to work rate methodology and a definitive analysis message to District residents and local out many important and challenging of meters versus zones. The selection is officials by telling the people of Wash- issues. Together, we have tried to focus scheduled to be made before the end of Sep- ington, DC, that the U.S. Senate knows our efforts on post-control board finan- tember and I will be certain that you will be best how local officials should spend cial discipline and laying a foundation provided with a timeline that will enable you their local dollars. This restriction so that the District, which is in a sur- to track the progress of this effort. sent the wrong message to the Amer- plus today because of a lot of hard In the months ahead, I intend to work ican public by disregarding the rights work that has been done, will remain closely with Ms. Herbert and will be pur- suing initiatives designed to make a visible of domestic partners. I am pleased that in a surplus. Together, we have tried to difference in our regulation of the vehicle for the Senate has not continued down the enhance local decisionmaking, where hire industry. Your continued interest and unfortunate path of dictating social appropriate. I believe we have made a support of this issue are helpful and have policy for the District of Columbia. lot of progress along that line. been greatly appreciated. During consideration of the D.C. ap- In addition, particularly with Sen- Sincerely, propriations bill last month, the House ator DEWINE’s excellent leadership, we SHARON PRATT KELLY. Appropriations Committee approved an are reforming the child welfare system Mr. LEAHY. Mr. President, I rise amendment to remove the ban on the in the District and working with the today in support of the FY 2002 District use of local funds to implement the mayor and the local government offi- of Columbia appropriations bill. I want Health Benefits Expansion Act. During cials to do that. We have put signifi- to congratulate Senator LANDRIEU and the House debate on the legislation, cant investments in this bill to accom- Senator DEWINE for their hard work in the provision prevailed, despite an ef- plish that end. crafting this annual appropriations bill fort similar to the one before us today In addition, because of the September for the District of Columbia. This is an to reinstate the ban on local funds. Our 11 attack, we have provided additional important piece of legislation and they colleagues in the House have spoken on resources for the mayor and the local

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government and for regional public of- Senator LANDRIEU and I have also [Rollcall Vote No. 331 Leg.] ficials—our own Senators representing been working, along with some of our YEAS—75 Virginia and Maryland—of course, to other colleagues, to get a family court Akaka Dayton Lincoln be a part of that to enhance the secu- bill passed. Money in this bill will go a Allen DeWine Lugar Baucus Dodd McCain rity of the District and this region. long way to making the changes that Bayh Domenici McConnell Finally, we have together made some we have outlined in that family court Bennett Dorgan Mikulski tremendous headway in providing re- bill. Biden Durbin Miller sources to create more excellence in This bill we are about to vote on also Bingaman Edwards Murray Bond Feingold Nelson (FL) the public schools here in DC and re- provides some significant money for Boxer Feinstein Nelson (NE) form that system, as well as to step up Children’s Hospital in the District of Breaux Frist Reed the environment and children’s health Columbia, which serves not only chil- Burns Graham Reid with some of the projects with which dren who come from the District but Byrd Hagel Rockefeller Campbell Harkin Sarbanes Senator DEWINE has been particularly serves children who come from many Cantwell Hatch Schumer helpful. States. Carnahan Hollings Smith (OR) In closing, I again thank publicly the It also provides money for the Safe Carper Hutchison Snowe Kids Program, a program that saves Chafee Inouye Specter mayor and the city council chair- Cleland Jeffords Stabenow person, Linda Cropp, and all of the lives. I am convinced the money we Clinton Johnson Stevens members of the city council who have will provide will help to save the lives Cochran Kennedy Thompson been so helpful in working with us on of young children in the District of Co- Collins Kohl Torricelli Conrad Landrieu Voinovich this bill. lumbia. Corzine Leahy Warner I would like to acknowledge the work We also provide money for the Green Crapo Levin Wellstone of the District chief financial officer, Door Program, a mental health pro- Daschle Lieberman Wyden Dr. Gandhi, and particularly his staff, gram of which Senator DOMENICI has NAYS—24 Sam Kaiser, for their work in putting been a strong supporter. Allard Grassley Nickles the local portion of this bill together. Finally, the bill provides, as Senator Brownback Gregg Roberts I want to recognize Representative LANDRIEU indicated, some much needed Bunning Helms Santorum money and resources to tie our commu- Craig Hutchinson Sessions ELEANOR HOLMES Norton. She con- Ensign Inhofe Shelby tinues to work with us almost daily on nications system together in the Dis- Enzi Kyl Smith (NH) these issues. I thank her, and also the trict of Columbia. That need has been Fitzgerald Lott Thomas shadow Senator from the District, Paul apparent for some time. Certainly, Gramm Murkowski Thurmond Strauss. after the events of September 11, it is NOT VOTING—1 Our staff members, Cathleen even more apparent and more obvious. Kerry Strottman, Kate Eltrich, Kevin Avery, So this bill provides money to do that The bill (H.R. 2944) was passed, as fol- Chuck Kieffer, and Mary Dietrich on as well. lows: I, again, thank my colleague for her the Republican side have been terrific Resolved, That the bill from the great work on the bill. I urge my col- in their help bringing us to this point. House of Representatives (H.R. 2944) leagues to vote aye, to pass the bill. I I have no further remarks. entitled ‘‘An Act making appropria- hope we will be able to work any dif- The PRESIDING OFFICER. The Sen- tions for the government of the Dis- ferences out with the House fairly ator from Ohio. trict of Columbia and other activities Mr. DEWINE. Mr. President, I thank quickly and get this bill on to the chargeable in whole or in part against my colleague, Senator LANDRIEU, for President. the revenues of said District for the fis- Mr. President, I yield the floor. doing a great job on this bill. This is a cal year ending September 30, 2002, and The PRESIDING OFFICER. The Sen- bill that will make a difference for peo- for other purposes.’’, do pass with the ator from Louisiana. ple of the District of Columbia, par- following amendment: ticularly children of the District. Ms. LANDRIEU. Mr. President, I Strike out all after the enacting clause and I thank Senator LANDRIEU and her know of no further amendments to be insert: staff, Chuck Kieffer and Kate Eltrich, offered. I believe we are ready for third That the following sums are appropriated, out for their hard work on this bill. reading of the bill. of any money in the Treasury not otherwise ap- I also thank my appropriations team, The PRESIDING OFFICER. The propriated, for the District of Columbia for the particularly Mary Dietrich, who has question is on the engrossment of the fiscal year ending September 30, 2002, and for been working hard on this bill for a amendments and third reading of the other purposes, namely: long time, as well as Stan Skocki from bill. FEDERAL FUNDS my team. The amendments were ordered to be FEDERAL PAYMENT FOR RESIDENT TUITION I also commend and thank the other engrossed and the bill to be read a SUPPORT members of our subcommittee: Senator third time. For a Federal payment to the District of Co- The bill was read a third time. lumbia, to be deposited into a dedicated ac- HUTCHISON, Senator DURBIN, and Sen- Ms. LANDRIEU. Mr. President, I ask count, for a nationwide program to be adminis- ator REED. for the yeas and nays. tered by the Mayor, for District of Columbia Mr. President, as Senator LANDRIEU The PRESIDING OFFICER. Is there a resident tuition support, $17,000,000, to remain has indicated, this was a bipartisan ef- available until expended: Provided, That such sufficient second? funds, including any interest accrued thereon, fort. This bill makes a downpayment There appears to be a sufficient sec- and is a real beginning on what we said may be used on behalf of eligible District of Co- ond. lumbia residents to pay an amount based upon we were going to do several years ago. The bill having been read the third In Congress, we took on the responsi- the difference between in-State and out-of-State time, the question is, Shall the bill tuition at public institutions of higher edu- bility of trying to improve the court pass? cation, or to pay up to $2,500 each year at eligi- system, specifically the court system The clerk will call the roll. ble private institutions of higher education: Pro- that deals with our young people. I do The assistant legislative clerk called vided further, That the awarding of such funds not have to remind anyone in this the roll. may be prioritized on the basis of a resident’s Chamber of the tragedy of the chil- Mr. REID. I announce that the Sen- academic merit, the income and need of eligible dren’s system in the District of Colum- ator from Massachusetts (Mr. KERRY) students and such other factors as may be au- bia—headline after headline, story is necessarily absent. thorized: Provided further, That the District of after story, tragedy after tragedy, of Columbia government shall establish a dedicated The PRESIDIING OFFICER (Ms. account for the Resident Tuition Support Pro- children who have died in the system STABENOW). Are there any other Sen- gram that shall consist of the Federal funds ap- in the District of Columbia. This bill ators in the Chamber desiring to vote? propriated to the Program in this Act and any provides the money to begin to change The result was announced—yeas 75, subsequent appropriations, any unobligated bal- that system. nays 24, as follows: ances from prior fiscal years, and any interest

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00032 Fmt 0686 Sfmt 6333 E:\BR01\S07NO1.001 S07NO1 21914 CONGRESSIONAL RECORD—SENATE November 7, 2001 earned in this or any fiscal year: Provided fur- (6)); (b) in section 7(c) (D.C. Code, sec. 3–426(c) funds appropriated for expenses of other Fed- ther, That the account shall be under the con- (1981 Ed., 1999 Supp.)), as amended by District eral agencies, with payroll and financial serv- trol of the District of Columbia Chief Financial of Columbia Law 13–172, § 202(b); (c) in section ices to be provided on a contractual basis with Officer who may use those funds solely for the 8 (D.C. Code, sec. 3–427 (1981 Ed., 1999 Supp.)), the General Services Administration (GSA), said purposes of carrying out the Resident Tuition as amended by District of Columbia Law 13–172, services to include the preparation of monthly Support Program: Provided further, That the § 202(c); and (d) in section 16(e) (D.C. Code, sec. financial reports, copies of which shall be sub- Resident Tuition Support Program Office and 3–435(e) (1981 Ed., 1999 Supp.)), to read as fol- mitted directly by GSA to the President and to the Office of the Chief Financial Officer shall lows: the Committees on Appropriations of the Senate provide a quarterly financial report to the Com- ‘‘(e) All compensation and attorneys’ fees and House of Representatives, the Committee on mittees on Appropriations of the Senate and awarded under this chapter shall be paid from, Governmental Affairs of the Senate, and the House of Representatives for these funds show- and subject to, the availability of monies in the Committee on Government Reform of the House ing, by object class, the expenditures made and Fund. No more than five percent of the total of Representatives. the purpose therefor: Provided further, That not amount of monies in the Fund shall be used to FEDERAL PAYMENT TO THE DISTRICT OF more than seven percent of the amount provided pay administrative costs necessary to carry out COLUMBIA CORRECTIONS TRUSTEE OPERATIONS herein for this program may be used for admin- this chapter.’’. For salaries and expenses of the District of istrative expenses. Section 11–2604, District of Columbia Code, is Columbia Corrections Trustee, $32,700,000 for amended: FEDERAL PAYMENT TO THE DISTRICT OF the administration and operation of correctional (1) in subsection (a), by striking ‘‘50’’ and in- COLUMBIA COURTS facilities and for the administrative operating serting ‘‘75’’; and For salaries and expenses for the District of (2) in subsection (b)— costs of the Office of the Corrections Trustee, as Columbia Courts, $140,181,000, to be allocated as (A) by striking ‘‘1300’’ each time it appears authorized by section 11202 of the National Cap- follows: for the District of Columbia Court of and inserting ‘‘1900’’; ital Revitalization and Self-Government Im- Appeals, $8,003,000, of which not to exceed (B) by striking ‘‘2450’’ each time it appears provement Act of 1997 (Public Law 105–33; 111 $1,500 is for official reception and representation and inserting ‘‘3600’’. Stat. 712) of which $1,000,000 is to fund an ini- expenses; for the District of Columbia Superior Section 16–2326.1(b), District of Columbia Code tiative to improve case processing in the District Court, $72,694,000, of which not to exceed $1,500 (1997 Repl.), is amended— of Columbia criminal justice system, $2,500,000 to is for official reception and representation ex- (1) by striking ‘‘1,100’’ each time it appears remain available until September 30, 2003 is for penses; for the District of Columbia Court Sys- and inserting ‘‘1,600’’; building renovation or space acquisition re- tem, $31,634,000, of which not to exceed $1,500 is (2) in paragraph (3), by striking ‘‘1,500’’ and quired to accommodate functions transferred for official reception and representation ex- inserting ‘‘2,200’’; and from the Lorton Correctional Complex, and penses; and $27,850,000 for capital improvements (3) in paragraph (4), by striking ‘‘750’’ and in- $2,000,000 to remain available until September for District of Columbia courthouse facilities: serting ‘‘1,100’’. 30, 2003, is to be transferred to the appropriate Provided, That notwithstanding any other pro- Section 16(d) of the Victims of Violent Crime agency for the closing of the sewage treatment vision of law, all amounts under this heading Compensation Act of 1996 (sec. 4–515(d), D.C. plant and the removal of underground storage shall be apportioned quarterly by the Office of Official Code), as amended by section 403 of the tanks at the Lorton Correctional Complex: Pro- Management and Budget and obligated and ex- Miscellaneous Appropriations Act, 2001 (as en- vided, That notwithstanding any other provi- pended in the same manner as funds appro- acted into law by section 1(a)(4) of the Consoli- sion of law, funds appropriated in this Act for priated for salaries and expenses of other Fed- dated Appropriations Act, 2001), is amended— the District of Columbia Corrections Trustee eral agencies, with payroll and financial serv- (1) by striking ‘‘in excess of $250,000’’; and shall be apportioned quarterly by the Office of ices to be provided on a contractual basis with (2) by striking ‘‘and approved by’’ and all Management and Budget and obligated and ex- the General Services Administration (GSA), said that follows and inserting a period. pended in the same manner as funds appro- services to include the preparation of monthly These amendments shall take effect as if in- priated for salaries and expenses of other Fed- financial reports, copies of which shall be sub- cluded in the enactment of section 403 of the eral agencies. mitted directly by GSA to the President and to Miscellaneous Appropriations Act, 2001. FEDERAL PAYMENT TO THE COURT SERVICES AND the Committees on Appropriations of the Senate DEFENDER SERVICES IN DISTRICT OF COLUMBIA OFFENDER SUPERVISION AGENCY FOR THE DIS- and House of Representatives, the Committee on COURTS TRICT OF COLUMBIA Governmental Affairs of the Senate, and the For payments authorized under section 11– (INCLUDING TRANSFER OF FUNDS) Committee on Government Reform of the House 2604 and section 11–2605, D.C. Code (relating to For salaries and expenses, including the of Representatives: Provided further, That after representation provided under the District of transfer and hire of motor vehicles, of the Court providing notice to the Committees on Appro- Columbia Criminal Justice Act), payments for Services and Offender Supervision Agency for priations of the Senate and House of Represent- counsel appointed in proceedings in the Family the District of Columbia, as authorized by the atives, the District of Columbia Courts may re- Division of the Superior Court of the District of National Capital Revitalization and Self-Gov- allocate not more than $1,000,000 of the funds Columbia under chapter 23 of title 16, D.C. ernment Improvement Act of 1997 (Public Law provided under this heading among the items Code, and payments for counsel authorized 105–33; 111 Stat. 712), $147,300,000, of which and entities funded under such heading: Pro- under section 21–2060, D.C. Code (relating to $13,015,000 shall remain available until ex- vided further, That of this amount not less than representation provided under the District of pended, and of which not to exceed $5,000 is for $23,315,000 is for activities authorized under S. Columbia Guardianship, Protective Proceedings, official receptions related to offender and de- 1382, the District of Columbia Family Court Act and Durable Power of Attorney Act of 1986), fendant support programs; of which $94,112,000 of 2001: Provided further, That of the funds $39,311,000, to remain available until expended: shall be for necessary expenses of Community made available for the District of Columbia Su- Provided, That the funds provided in this Act Supervision and Sex Offender Registration, to perior Court, $6,603,000 may remain available under the heading ‘‘Federal Payment to the include expenses relating to supervision of until September 30, 2003: Provided further, That District of Columbia Courts’’ (other than the adults subject to protection orders or provision of the funds made available for the District of $27,850,000 provided under such heading for of services for or related to such persons; Columbia Court System, $485,000 may remain capital improvements for District of Columbia $20,829,000 shall be transferred to the Public De- available until September 30, 2003: Provided fur- courthouse facilities) may also be used for pay- fender Service; and $32,359,000 shall be available ther, That of the funds made available for cap- ments under this heading: Provided further, to the Pretrial Services Agency: Provided, That ital improvements, $21,855,000 may remain avail- That in addition to the funds provided under notwithstanding any other provision of law, all able until September 30, 2003. this heading, the Joint Committee on Judicial amounts under this heading shall be appor- ADMINISTRATIVE PROVISIONS Administration in the District of Columbia may tioned quarterly by the Office of Management Section 11–1722(a), District of Columbia Code, use funds provided in this Act under the head- and Budget and obligated and expended in the is amended in the first sentence by striking ‘‘, ing ‘‘Federal Payment to the District of Colum- same manner as funds appropriated for salaries subject to the supervision of the Executive Offi- bia Courts’’ (other than the $27,850,000 provided and expenses of other Federal agencies: Pro- cer’’. under such heading for capital improvements vided further, That notwithstanding chapter 12 Section 11–1723(a)(3), District of Columbia for District of Columbia courthouse facilities), to of title 40, United States Code, the Director may Code, is amended by striking ‘‘and the internal make payments described under this heading for acquire by purchase, lease, condemnation, or auditing of the accounts of the courts’’. obligations incurred during any fiscal year: Pro- donation, and renovate as necessary, Building The Victims of Violent Crime Compensation vided further, That funds provided under this Number 17, 1900 Massachusetts Avenue, South- Act of 1996 (D.C. Code, sec. 3–421 et seq. (1981 heading shall be administered by the Joint Com- east, Washington, District of Columbia, or such Ed., 1999 Supp.) as amended by Public Law 106– mittee on Judicial Administration in the District other site as the Director of the Court Services 113, § 160 and Public Law 106–554, § 1(a)(4), H.R. of Columbia: Provided further, That notwith- and Offender Supervision Agency may deter- 5666, Division A, Chapter 4, § 403) is amended: standing any other provision of law, this appro- mine as appropriate to house or supervise of- (a) in section 2 (D.C. Code, sec. 3–421 (1981 Ed., priation shall be apportioned quarterly by the fenders and defendants, with funds made avail- 1999 Supp.)), as amended by District of Colum- Office of Management and Budget and obli- able by this Act: Provided further, That the Di- bia Law 13–172, § 202(a) (except for paragraph gated and expended in the same manner as rector is authorized to accept and use gifts in

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00033 Fmt 0686 Sfmt 6333 E:\BR01\S07NO1.001 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21915 the form of in-kind contributions of space and rollment of managers from the District of Colum- to promote child passenger safety through the hospitality to support offender and defendant bia government. Child Occupant Protection Initiative. programs, and equipment and vocational train- FEDERAL PAYMENT TO THE CHILDREN’S COURT APPOINTED SPECIAL ADVOCATES ing services to educate and train offenders and NATIONAL MEDICAL CENTER For a Federal payment to the District of Co- defendants. For a Federal payment to the Children’s Na- lumbia Court Appointed Special Advocates Unit, FEDERAL PAYMENT TO THE DISTRICT OF COLUM- tional Medical Center in the District of Colum- $250,000 to be used to expand their work in the BIA FOR SECURITY COSTS RELATED TO THE bia, $3,200,000 for capital and equipment im- Family Court of the District of Columbia Supe- PRESENCE OF THE FEDERAL GOVERNMENT IN provements. rior Court. THE DISTRICT OF COLUMBIA FEDERAL PAYMENT FOR CHILD AND FAMILY CHILD AND FAMILY SERVICES AGENCY—FAMILY OURT EFORM For a payment to the District of Columbia to SOCIAL SERVICES COMPUTER INTEGRATION PLAN C R reimburse the District for certain security ex- For a Federal payment to the District of Co- For a Federal payment to the District of Co- penses related to the presence of the Federal lumbia Child and Family Services Agency, lumbia, $200,000 for completion of a plan by the Government in the District of Columbia, $500,000 to be used for activities authorized Mayor on integrating the computer systems of $16,058,000: Provided, That a detailed report of under S. 1382, the District of Columbia Family the District of Columbia government with the actual and estimated expenses incurred shall be Court Act of 2001. Family Court of the Superior Court of the Dis- provided to the Committees on Appropriations of trict of Columbia: Provided, That, pursuant to ADMINISTRATIVE PROVISIONS the Senate and House of Representatives no section 4 of S. 1382, the District of Columbia Under the heading ‘‘Federal Payment for In- later than June 15, 2002: Provided further, That Family Court Act of 2001, the Mayor shall sub- centives for Adoption of Children’’ in Public of this amount, $3,406,000 shall be made avail- mit a plan to the President and the Congress Law 106–522, approved November 22, 2000 (114 able for reimbursement of planning and related within six months of enactment of that Act, so Stat. 2440), is amended to read as follows: ‘‘For expenses incurred by the District of Columbia in that social services and other related services to a Federal payment to the District of Columbia to anticipation of providing security for the individuals and families served by the Family create incentives to promote the adoption of planned meetings in September 2001 of the Court of the Superior Court and agencies of the children in the District of Columbia foster care World Bank and the International Monetary District of Columbia government (including the system, $5,000,000 to remain available until Sep- Fund in the District of Columbia: Provided fur- District of Columbia Public Schools, the District tember 30, 2003: Provided, That $2,000,000 of said ther, That the Mayor and the Chairman of the of Columbia Housing Authority, the Child and amount shall be used for attorney fees and home Council of the District of Columbia shall de- Family Services Agency, the Office of the Cor- studies: Provided further, That $1,000,000 of said velop, in consultation with the Director of the poration Counsel, the Metropolitan Police De- amount shall be used for the establishment of a Office of Personnel Management, the United partment, the Department of Health, and other scholarship fund which adoptive families and States Secret Service, the United States Capitol offices determined by the Mayor) will be able to children without parents, due to the September Police, the United States Park Police, the Wash- access and share information on the individuals 11, 2001 terrorist attack on the District of Co- ington Metropolitan Area Transit Authority, re- and families served by the Family Court. lumbia, will use for post high school education gional transportation authorities, the Federal and training for adopted children: Provided fur- Emergency Management Agency, the Governor FEDERAL PAYMENTS FOR DISTRICT OF COLUMBIA ther, That $1,000,000 of said amount shall be of the State of Maryland and the Governor of AND FEDERAL LAW ENFORCEMENT MOBILE used for the establishment of a private adoptive the Commonwealth of Virginia, the county ex- WIRELESS INTEROPERABILITY PROJECT family resource center in the District of Colum- ecutives of contiguous counties of the region For Federal payments in support of the Dis- bia to provide ongoing information, education and the respective state and local law enforce- trict of Columbia and the Federal law enforce- and support to adoptive families: Provided fur- ment entities in the region an integrated emer- ment Mobile Wireless Interoperability Project, ther, That $1,000,000 of said amount shall be gency operations plan for the District of Colum- $1,400,000, of which $400,000 shall be for a pay- used for adoption incentives and support for bia in cases of national security events, includ- ment to the District of Columbia Office of the children with special needs.’’. ing terrorist threats, protests, or other unantici- Chief Technology Officer, $333,334 shall be for a Of the Federal funds made available in the pated events: Provided further, That such plan payment to the United States Secret Service, District of Columbia Appropriations Act, 2001, shall include a response to attacks or threats of $333,333 shall be for a payment to the United Public Law 106–522 for the District of Columbia attacks using biological or chemical agents: Pro- States Capitol Police, and $333,333 shall be for a Public Schools (114 Stat. 2441) and the Metro- vided further, That the city shall submit this payment to the United States Park Police: Pro- politan Police Department (114 Stat. 2441) such plan to the Committees on Appropriations of the vided, That each agency shall participate in the funds may remain available for the purposes in- Senate and the House of Representatives no preparation of a joint report to the Committees tended until September 30, 2002: Provided, That later than January 2, 2002: Provided further, on Appropriations of the Senate and the House funds made available in such Act for the Wash- That the Chief Financial Officer of the District of Representatives to be submitted no later than ington Interfaith Network (114 Stat. 2444) shall of Columbia shall provide quarterly reports to March 30, 2002 on the allocation of these re- remain available for the purposes intended until the Committees on Appropriations of the Senate sources and a description of each agencies’ re- December 31, 2002: Provided further, That funds and the House of Representatives on the use of source commitment to this project for fiscal year made available in such Act for Brownfield Re- the funds under this heading, beginning no 2003. mediation (114 Stat. 2445), shall remain avail- later than January 2, 2002. FEDERAL PAYMENT TO THE CHIEF FINANCIAL able until expended. FEDERAL PAYMENT TO THE THURGOOD OFFICER OF THE DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA FUNDS MARSHALL ACADEMY CHARTER SCHOOL For a Federal payment to the Chief Financial OPERATING EXPENSES For a Federal payment to the Thurgood Mar- Officer of the District of Columbia, $5,900,000, of DIVISION OF EXPENSES shall Academy Charter School, $1,000,000 to be which $2,250,000 shall be for payment for a pilot The following amounts are appropriated for used to acquire and renovate an educational fa- project to demonstrate the ‘‘Active Cap’’ river the District of Columbia for the current fiscal cility in Anacostia. cleanup technology on the Anacostia River; year out of the general fund of the District of FEDERAL PAYMENT TO THE DISTRICT OF $500,000 shall be for payment to the Wash- Columbia, except as otherwise specifically pro- COLUMBIA PUBLIC SCHOOLS ington, D.C. Sports and Entertainment Commis- vided: Provided, That notwithstanding any sion which, in coordination with the U.S. Soccer other provision of law, except as provided in For a Federal payment to the District of Co- Foundation, shall use the funds for environ- section 450A of the District of Columbia Home lumbia Public Schools, $2,750,000, of which mental and infrastructure costs at Kenilworth Rule Act (Public Law 93–198; D.C. Official Code, $2,000,000 shall be to implement the Voyager Ex- Park in the creation of the Kenilworth Regional sec. 1–204.50a), the total amount appropriated in panded Learning literacy program in kinder- Sports Complex; $600,000 shall be for payment to this Act for operating expenses for the District garten and first grade classrooms in the District the One Economy Corporation, a non-profit or- of Columbia for fiscal year 2002 under this head- of Columbia Public Schools; $250,000 shall be for ganization, to increase Internet access to low- ing shall not exceed the lesser of the sum of the the Failure Free Reading literacy program for income homes in the District of Columbia; total revenues of the District of Columbia for non-readers and special education students; $500,000 shall be for payment to the Langston such fiscal year or $6,051,646,000 (of which $250,000 for Lightspan, Inc. to implement the Project for the 21st Century, a community revi- $124,163,000 shall be from intra-District funds eduTest.com program in the District of Columbia talization project to improve physical education and $3,553,300,000 shall be from local funds): Public Schools; and $250,000 for the South- and training facilities; $1,000,000 shall be for Provided further, That this amount may be in- eastern University for a public/private partner- payment to the Green Door Program, for capital creased by (i) proceeds of one-time transactions, ship with McKinley Technical High School. improvements at a community mental health which are expended for emergency or unantici- FEDERAL PAYMENT TO THE GEORGE WASHINGTON clinic; $500,000 shall be for payment to the His- pated operating or capital needs or (ii) addi- UNIVERSITY CENTER FOR EXCELLENCE IN MU- torical Society of Washington, for capital im- tional expenditures which the Chief Financial NICIPAL MANAGEMENT provements to the new City Museum; $200,000 Officer of the District of Columbia certifies will For a Federal payment to the George Wash- for a payment to Teach for America DC, for produce additional revenues during such fiscal ington University Center for Excellence in Mu- teacher development; and $350,000 for payment year at least equal to 200 percent of such addi- nicipal Management, $250,000 to increase the en- to the District of Columbia Safe Kids Coalition, tional expenditures: Provided further, That

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00034 Fmt 0686 Sfmt 6333 E:\BR01\S07NO1.001 S07NO1 21916 CONGRESSIONAL RECORD—SENATE November 7, 2001 such increases shall be approved by enactment ment Act of 1997 (D.C. Law 12–26; D.C. Official the District of Columbia National Guard: Pro- of local District law and shall comply with all Code, sec. 2–1215.15 et seq.): Provided, That such vided further, That such sums as may be nec- reserve requirements contained in this act: Pro- funds are available for acquiring services pro- essary for reimbursement to the District of Co- vided further, That the Chief Financial Officer vided by the General Services Administration: lumbia National Guard under the preceding pro- of the District of Columbia shall take such steps Provided further, That Business Improvement viso shall be available from this appropriation, as are necessary to assure that the District of Districts shall be exempt from taxes levied by the and the availability of the sums shall be deemed Columbia meets these requirements, including District of Columbia: Provided further, That the as constituting payment in advance for emer- the apportioning by the Chief Financial Officer Department of Consumer and Regulatory Af- gency services involved. of the appropriations and funds made available fairs use $50,000 of the receipts from the net pro- PUBLIC EDUCATION SYSTEM to the District during fiscal year 2002, except ceeds from the contractor that handles the Dis- that the Chief Financial Officer may not repro- trict’s occupational and professional licensing to Public education system, including the devel- gram for operating expenses any funds derived fund additional staff and equipment for the opment of national defense education programs, from bonds, notes, or other obligations issued Rental Housing Administration: Provided fur- $1,108,915,000 (including $894,494,000 from local for capital projects. ther, That the Department of Consumer and funds, $187,794,000 from Federal funds, and Regulatory Affairs transfer all local funds re- GOVERNMENTAL DIRECTION AND SUPPORT $26,627,000 from other funds), to be allocated as sulting from the lapse of personnel vacancies, follows: $813,292,000 (including $658,624,000 from Governmental direction and support, caused by transferring DCRA employees into local funds, $147,380,000 from Federal funds, $307,117,000 (including $228,471,000 from local NSO positions without filling the resultant va- and $7,288,000 from other funds), for the public funds, $61,367,000 from Federal funds, and cancies, into the revolving 5–513 fund to be used schools of the District of Columbia; $47,370,000 $17,279,000 from other funds): Provided, That to implement the provisions in D.C. Act 13–578, (including $19,911,000 from local funds, not to exceed $2,500 for the Mayor, $2,500 for the the Abatement and Condemnation of Nuisance $26,917,000 from Federal funds, $542,000 from Chairman of the Council of the District of Co- Properties Omnibus Amendment Act of 2000, other funds), for the State Education Office; lumbia, and $2,500 for the City Administrator pertaining to the prevention of the demolition $17,000,000 from local funds, previously appro- shall be available from this appropriation for of- by neglect of historic properties: Provided fur- priated in this Act as a Federal payment, and ficial purposes: Provided further, That any pro- ther, That the fees established and collected such sums as may be necessary to be derived gram fees collected from the issuance of debt pursuant to D.C. Act 13–578 shall be identified, from interest earned on funds contained in the shall be available for the payment of expenses of and an accounting provided, to the District of dedicated account established by the Chief Fi- the debt management program of the District of Columbia Council’s Committee on Consumer and nancial Officer of the District of Columbia, for Columbia: Provided further, That no revenues Regulatory Affairs: Provided further, That 18 resident tuition support at public and private from Federal sources shall be used to support percent of the annual total amount in the 5–513 institutions of higher learning for eligible Dis- the operations or activities of the Statehood fund, up to $500,000, deposited into the 5–513 trict of Columbia residents; and $142,257,000 Commission and Statehood Compact Commis- fund on an annual basis, be used to implement from local funds for public charter schools: Pro- sion: Provided further, That notwithstanding section 102 and other related sections of D.C. vided, That there shall be quarterly disburse- any other provision of law, or Mayor’s Order Act 13–578: Provided further, That the Depart- ment of funds to the District of Columbia public 86–45, issued March 18, 1986, the Office of the ment shall hire, with the consultation and guid- charter schools, with the first payment to occur Chief Technology Officer’s delegated small pur- ance of the Director of the Office of Personnel within 15 days of the beginning of each fiscal chase authority shall be $500,000: Provided fur- on the necessary qualifications and salary level, year: Provided further, That if the entirety of ther, That the District of Columbia government from these lapsed funds, as soon as possible, but this allocation has not been provided as pay- may not require the Office of the Chief Tech- in no event later than November 1, 2001, a pro- ments to any public charter schools currently in nology Officer to submit to any other procure- fessional human resources manager who will be- operation through the per pupil funding for- ment review process, or to obtain the approval come part of the Department’s senior manage- mula, the funds shall be available for public of or be restricted in any manner by any official ment team, and provide in consultation with its education in accordance with the School Reform or employee of the District of Columbia govern- newly hired human resources professional man- Act of 1995 (Public Law 104–134; D.C. Official ment, for purchases that do not exceed $500,000: ager, and the Office of Personnel, a detailed Code, sec. 38–1804.03(A)(2)(D)): Provided fur- Provided further, That not less than $353,000 plan to the Council’s Committee on Consumer ther, That $480,000 of this amount shall be shall be available to the Office of the Corpora- and Regulatory Affairs, by December 1, 2001, for available to the District of Columbia Public tion Counsel to support increases in the Attor- the use of the personal services lapsed funds, in- Charter School Board for administrative costs: ney Retention Allowance: Provided further, cluding the 58 vacant positions identified by the Provided further, That $76,542,000 (including That not less than $50,000 shall be available to Department, in fiscal year 2001 to reclassify po- $45,912,000 from local funds, $12,539,000 from support a mediation services program within the sitions, augment pay scales once positions are Federal funds, and $18,091,000 from other funds) Office of the Corporation Counsel: Provided fur- reclassified where needed to fill vacancies with shall be available for the University of the Dis- ther, That not less than $50,000 shall be avail- qualified and necessary personnel, and to fund trict of Columbia: Provided further, That able to support a TANF Unit within the Child these new and vacant positions. $27,256,000 (including $26,030,000 from local Support Enforcement Division of the Office of PUBLIC SAFETY AND JUSTICE funds, $560,000 from Federal funds and $666,000 the Corporation Counsel: Provided further, Public safety and justice, $632,668,000 (includ- other funds) for the Public Library: Provided That section 403 of the District of Columbia ing $593,618,000 from local funds, $8,298,000 from further, That the $1,007,000 enhancement shall Home Rule Act, approved December 24, 1973 Federal funds, and $30,752,000 from other be allocated such that $500,000 is used for facili- (Public Law 93–198; D.C. Official Code, sec. 1– funds): Provided, That not to exceed $500,000 ties improvements for 8 of the 26 library 204.03), is amended as follows: shall be available from this appropriation for branches, $235,000 for 13 FTEs for the continu- (1) Subsection (c) is amended by striking the the Chief of Police for the prevention and detec- ation of the Homework Helpers Program, phrase ‘‘shall receive, in addition to the com- tion of crime: Provided further, That no less $143,000 for 2 FTEs in the expansion of the pensation to which he is entitled as a member of than $173,000,000 shall be available to the Met- Reach Out And Roar (ROAR) service to licensed the Council, $10,000 per annum, payable in ropolitan Police Department for salaries in sup- day care homes, and $129,000 for 3 FTEs to ex- equal installments, for each year he serves as port of 3,800 sworn officers: Provided further, pand literacy support into branch libraries: Pro- Chairman, but the Chairman’’. That no less than $100,000 shall be available in vided further, That $2,198,000 (including (2) A new subsection (d) is added to read as the Department of Corrections budget to support $1,760,000 from local funds, $398,000 from Fed- follows: the Corrections Information Council: Provided eral funds and $40,000 from other funds) shall be ‘‘(d) Notwithstanding subsection (a) of this further, That no less than $296,000 shall be available for the Commission on the Arts and section, as of the effective date of the District of available to support the Child Fatality Review Humanities: Provided further, That the public Columbia Appropriations Act, 2001, the Chair- Committee: Provided further, That nothing con- schools of the District of Columbia are author- man shall receive compensation, payable in tained in this section shall be construed as ized to accept not to exceed 31 motor vehicles for equal installments, at a rate equal to $10,000 less modifying or affecting the provisions of section exclusive use in the driver education program: than the compensation of the Mayor.’’. 11(c)(3) of title XII of the District of Columbia Provided further, That not to exceed $2,500 for ECONOMIC DEVELOPMENT AND REGULATION Income and Franchise Tax Act of 1947 (70 Stat. the Superintendent of Schools, $2,500 for the Economic development and regulation, 78; Public Law 84–460; D.C. Official Code, sec. President of the University of the District of Co- $230,878,000 (including $60,786,000 from local 47–1812.11(c)(3)): Provided further, That the lumbia, and $2,000 for the Public Librarian shall funds, $96,199,000 from Federal funds, and Mayor shall reimburse the District of Columbia be available from this appropriation for official $73,893,000 from other funds), of which National Guard for expenses incurred in con- purposes: Provided further, That none of the $15,000,000 collected by the District of Columbia nection with services that are performed in funds contained in this Act may be made avail- in the form of BID tax revenue shall be paid to emergencies by the National Guard in a militia able to pay the salaries of any District of Co- the respective BIDs pursuant to the Business status and are requested by the Mayor, in lumbia Public School teacher, principal, admin- Improvement Districts Act of 1996 (D.C. Law 11– amounts that shall be jointly determined and istrator, official, or employee who knowingly 134; D.C. Official Code, sec. 2–1215.01 et seq.), certified as due and payable for these services provides false enrollment or attendance informa- and the Business Improvement Districts Amend- by the Mayor and the Commanding General of tion under article II, section 5 of the Act entitled

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00035 Fmt 0686 Sfmt 6333 E:\BR01\S07NO1.001 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21917

‘‘An Act to provide for compulsory school at- HUMAN SUPPORT SERVICES Transportation, within the Department of Pub- tendance, for the taking of a school census in (INCLUDING TRANSFER OF FUNDS) lic Works: Provided further, That no less than the District of Columbia, and for other pur- Human support services, $1,803,923,000 (in- $12,000,000 in rights-of-way fees shall be avail- poses’’, approved February 4, 1925 (D.C. Official cluding $711,072,000 from local funds, able for the Local Roads, Construction and Code, sec. 38–201 et seq.): Provided further, That $1,075,960,000 from Federal funds, and Maintenance Fund: Provided further, That this appropriation shall not be available to sub- $16,891,000 from other funds): Provided, That funding for a proposed separate Department of sidize the education of any nonresident of the $27,986,000 of this appropriation, to remain Transportation is contingent upon Council ap- District of Columbia at any District of Columbia available until expended, shall be available sole- proval of a reorganization plan: Provided fur- public elementary and secondary school during ly for District of Columbia employees’ disability ther, That no less than $313,000 be available for fiscal year 2002 unless the nonresident pays tui- compensation: Provided further, That handicapped parking enforcement: Provided tion to the District of Columbia at a rate that $75,000,000 shall be available to the Health Care further, That no less than $190,000 be available covers 100 percent of the costs incurred by the Safety Net Administration established by section for the Ignition Interlock Device Program: Pro- District of Columbia which are attributable to 1802 of the Fiscal Year 2002 Budget Support Act vided further, That no less than $473,000 be the education of the nonresident (as established of 2001, D.C. Bill 14–144; $90,000,000 available available for the Motor Vehicle Insurance En- by the Superintendent of the District of Colum- under the District of Columbia Appropriations forcement Program: Provided further, That bia Public Schools): Provided further, That this Act, 2001 (Public Law 106–522) to the Public $11,000,000 shall be available for transfer to the appropriation shall not be available to subsidize Benefit Corporation for restructuring shall be Highway Trust Fund’s Local Roads, Construc- the education of nonresidents of the District of made available to the Health Care Safety Net tion and Maintenance Fund, upon certification Columbia at the University of the District of Co- Administration for the purpose of restructuring by the Chief Financial Officer that funds are lumbia, unless the Board of Trustees of the Uni- the delivery of health services in the District of available from the 2001 budgeted reserve or versity of the District of Columbia adopts, for Columbia and shall remain available until ex- where the Chief Financial Officer certifies that the fiscal year ending September 30, 2002, a tui- pended: Provided further, That no less than additional local revenues are available: Pro- tion rate schedule that will establish the tuition $7,500,000 of this appropriation, to remain avail- vided further, That $1,550,000 made available rate for nonresident students at a level no lower able until expended, shall be deposited in the under the District of Columbia Appropriations than the nonresident tuition rate charged at Addiction Recovery Fund established pursuant Act, 2001 (Public Law 106–522) for taxicab driver comparable public institutions of higher edu- to section 5 of the Choice in Drug Treatment Act security enhancements in the District of Colum- cation in the metropolitan area: Provided fur- of 2000, effective July 8, 2000 (D.C. Law 13–146; bia shall remain available until September 30, ther, That the District of Columbia Public D.C. Official Code, sec. 7–3004), and used solely 2002. Schools shall spend $1,200,000 to implement D.C. for the purpose of the Drug Treatment Choice RECEIVERSHIP PROGRAMS Program established pursuant to section 4 of the Teaching Fellows Program in the District’s pub- For all agencies of the District of Columbia lic schools: Provided further, That notwith- Choice in Drug Treatment Act of 2000 (D.C. Of- ficial Code, sec. 7–3003): Provided further, That government under court ordered receivership, standing the amounts otherwise provided under $403,868,000 (including $250,015,000 from local this heading or any other provision of law, no less than $500,000 of the $7,500,000 appro- priated for the Addiction Recovery Fund shall funds, $134,839,000 from Federal funds, and there shall be appropriated to the District of Co- $19,014,000 from other funds). lumbia public charter schools on July 1, 2002, an be used solely to pay treatment providers who amount equal to 25 percent of the total amount provide substance abuse treatment to TANF re- WORKFORCE INVESTMENTS provided for payments to public charter schools cipients under the Drug Treatment Choice Pro- For workforce investments, $42,896,000 from in the proposed budget of the District of Colum- gram: Provided further, That no less than local funds, to be transferred by the Mayor of bia for fiscal year 2003 (as submitted to Con- $2,000,000 of this appropriation shall be used the District of Columbia within the various ap- gress), and the amount of such payment shall be solely to establish, by contract, a 2-year pilot propriation headings in this Act for which em- chargeable against the final amount provided substance abuse program for youth ages 16 ployees are properly payable. for such payments under the District of Colum- through 21 years of age: Provided further, That RESERVE no less than $60,000 be available for a D.C. En- bia Appropriations Act, 2003: Provided further, For replacement of funds expended, if any, ergy Office Matching Grant: Provided further, That notwithstanding the amounts otherwise during fiscal year 2001 from the Reserve estab- That no less than $2,150,000 be available for a provided under this heading or any other provi- lished by section 202(j) of the District of Colum- pilot Interim Disability Assistance program pur- sion of law, there shall be appropriated to the bia Financial Responsibility and Management suant to title L of the Fiscal Year 2002 Budget District of Columbia Public Schools on July 1, Assistance Act of 1995, Public Law 104–8, Support Act (D.C. Bill 14–144). 2002, an amount equal to 10 percent of the total $120,000,000 from local funds. amount provided for the District of Columbia PUBLIC WORKS RESERVE RELIEF Public Schools in the proposed budget of the Public works, including rental of one pas- District of Columbia for fiscal year 2003 (as sub- senger-carrying vehicle for use by the Mayor For reserve relief, $30,000,000, for the purpose mitted to Congress), and the amount of such and three passenger-carrying vehicles for use by of spending funds made available through the payment shall be chargeable against the final the Council of the District of Columbia and leas- reduction from $150,000,000 to $120,000,000 in the amount provided for the District of Columbia ing of passenger-carrying vehicles, $300,151,000 amount required for the Reserve established by Public Schools under the District of Columbia (including $286,334,000 from local funds, section 202(j) of the District of Columbia Finan- Appropriations Act, 2003: Provided further, $4,392,000 from Federal funds, and $9,425,000 cial Responsibility and Management Assistance That no less than $200,000 be available for adult from other funds): Provided, That this appro- Act of 1995, Public Law 104–8: Provided, That education: Provided further, That the third sen- priation shall not be available for collecting $12,000,000 shall be available to the District of tence of section 441 of the District of Columbia ashes or miscellaneous refuse from hotels and Columbia Public Schools and District of Colum- Home Rule Act, approved December 24, 1973 places of business: Provided further, That no bia Public Charter Schools for educational en- (Public Law 93–198; D.C. Official Code, sec. 1– less than $650,000 be available for a mechanical hancements: Provided further, That $18,000,000 204.41), is amended to read as follows: ‘‘How- alley sweeping program: Provided further, That shall be available pursuant to a local District ever, the fiscal year for the Armory Board shall no less than $6,400,000 be available for residen- law: Provided further, That of the $30,000,000, begin on the first day of January and shall end tial parking enforcement: Provided further, funds shall only be expended upon: (i) certifi- on the thirty-first day of December of each cal- That no less than $100,000 be available for a cation by the Chief Financial Officer of the Dis- endar year, and, beginning the first day of July General Counsel to the Department of Public trict of Columbia that the funds are available 2003, the fiscal year for the District of Columbia Works: Provided further, That no less than and not required to address potential deficits, Public Schools, District of Columbia Public $3,600,000 be available for ticket processing: Pro- (ii) enactment of local District law detailing the Charter Schools and the University of the Dis- vided further, That no less than 14 residential purpose for the expenditure, (iii) prior notifica- trict of Columbia shall begin on the first day of parking control aides or 10 percent of the resi- tion by the Mayor to the Committees on Appro- July and end on the thirtieth day of June of dential parking control force be available for priations of both the Senate and House of Rep- each calendar year.’’: Provided further, That night time enforcement of out-of-state tags: Pro- resentatives in writing 30 days in advance of the first paragraph under the heading ‘‘Public vided further, That of the total of 3,000 addi- any such expenditure: Provided further, That Education System’’ in Public Law 107–20, ap- tional parking meters being installed in commer- the $18,000,000 provided pursuant to local law proved July 24, 2001, is amended to read as fol- cial districts and in commercial loading zones shall be expended only when the Emergency Re- lows: ‘‘For an additional amount for ‘Public none be installed at loading zones, or entrances serve established pursuant to Section 450A(a) of Education System’, $1,000,000 from local funds at apartment buildings and none be installed in the District of Columbia Home Rule Act (Public to remain available until expended, for the State residential neighborhoods: Provided further, Law 93–198; D.C. Official Code, sec. 1– Education Office for a census-type audit of the That no less than $262,000 be available for taxi- 204.50a(a)), has a minimum balance in the student enrollment of each District of Columbia cab enforcement activities: Provided further, amount of $150,000,000. Public School and of each public charter school That no less than $241,000 be available for a EMERGENCY AND CONTINGENCY RESERVE FUNDS and $12,000,000 from local funds for the District taxicab driver security revolving fund: Provided For the Emergency and Contingency Reserve of Columbia Public Schools to conduct the 2001 further, That no less than $30,084,000 in local Funds established under section 450A of the Dis- summer school session.’’. appropriations be available to the Division of trict of Columbia Home Rule Act (Public Law

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93–198; D.C. Official Code, sec. 1–204.50a(b)), the ENTERPRISE AND OTHER FUNDS NATIONAL CAPITAL REVITALIZATION Mayor may deposit the proceeds required pursu- WATER AND SEWER AUTHORITY CORPORATION ant to Section 159(a) of Public Law 106–522 and For operation of the Water and Sewer Author- For the National Capital Revitalization Cor- Section 404(c) of Public Law 106–554 in the Con- ity, $244,978,000 from other funds for fiscal year poration, $2,673,000 from other funds. tingency Reserve Fund beginning in fiscal year 2002 of which $44,244,000 shall be apportioned CAPITAL OUTLAY 2002 if the minimum emergency reserve balance for repayment of loans and interest incurred for (INCLUDING RESCISSIONS) requirement established in Section 450A(c) has capital improvement projects ($17,953,000 pay- For construction projects, an increase of been met. able to the District’s debt service fund and $1,550,786,700 of which $1,348,782,387 shall be REPAYMENT OF LOANS AND INTEREST $26,291,000 payable for other debt service). from local funds, $44,431,135 shall be from the For payment of principal, interest, and cer- For construction projects, $152,114,000, in the Highway Trust Fund, and $157,573,178 shall be tain fees directly resulting from borrowing by following capital programs: $52,600,000 for the from Federal funds, and a rescission of the District of Columbia to fund District of Co- Blue Plains Wastewater Treatment Plant, $476,182,431 from local funds appropriated under lumbia capital projects as authorized by sections $11,148,000 for the sewer program, $109,000 for this heading in prior fiscal years, for a net 462, 475, and 490 of the District of Columbia the combined sewer program, $118,000 for the amount of $1,074,604,269 to remain available Home Rule Act (Public Law 93–198; D.C. Official stormwater program, $77,957,000 for the water until expended: Provided, That funds for use of Code, secs. 1–204.62, 1–204.75, 1–204.90), program, $10,182,000 for the capital equipment each capital project implementing agency shall $247,902,000 from local funds: Provided, That program: Provided, That the requirements and be managed and controlled in accordance with any funds set aside pursuant to section 148 of restrictions that are applicable to general fund all procedures and limitations established under the District of Columbia Appropriations Act, capital improvements projects and set forth in the Financial Management System: Provided 2000 (Public Law 106–113; 113 Stat. 1523) that this Act under the Capital Outlay appropriation further, That all funds provided by this appro- are not used in the reserve funds established account shall apply to projects approved under priation title shall be available only for the spe- herein shall be used for Pay-As-You-Go Capital this appropriation account. cific projects and purposes intended: Provided Funds: Provided further, That for equipment WASHINGTON AQUEDUCT further, That the capital budget of $83,400,000 for the Department of Health shall not be avail- leases, the Mayor may finance $14,300,000 of For operation of the Washington Aqueduct, able until the District of Columbia Council’s equipment cost, plus cost of issuance not to ex- $46,510,000 from other funds for fiscal year 2002. ceed 2 percent of the par amount being financed Committee on Human Services receives a report STORMWATER PERMIT COMPLIANCE ENTERPRISE on a lease purchase basis with a maturity not to on the use of any capital funds for projects on FUND exceed 5 years: Provided further, That $4,440,000 the grounds of D.C. General Hospital: Provided shall be for the Fire and Emergency Medical For operation of the Stormwater Permit Com- further, That notwithstanding the foregoing, all Services Department, $2,010,000 shall be for the pliance Enterprise Fund, $3,100,000 from other authorizations for capital outlay projects, ex- Department of Parks and Recreation, and funds for fiscal year 2002. cept those projects covered by the first sentence $7,850,000 shall be for the Department of Public LOTTERY AND CHARITABLE GAMES ENTERPRISE of section 23(a) of the Federal Aid Highway Act Works: Provided further, That no less than FUND of 1968 (82 Stat. 827; Public Law 90–495), for $533,000 be available for trash transfer capital For the Lottery and Charitable Games Enter- which funds are provided by this appropriation debt service. Notwithstanding any other provi- prise Fund, established pursuant to the District title, shall expire on September 30, 2003, except sion of law, the District of Columbia is hereby of Columbia Appropriation Act, 1982 (95 Stat. authorizations for projects as to which funds authorized to make any necessary payments re- 1174, 1175; Public Law 97–91), for the purpose of have been obligated in whole or in part prior to lated to the ‘‘District of Columbia Emergency implementing the Law to Legalize Lotteries, September 30, 2003: Provided further, That upon Assistance Act of 2001’’: Provided, That the Dis- Daily Numbers Games, and Bingo and Raffles expiration of any such project authorization, trict of Columbia shall use local funds for any for Charitable Purposes in the District of Co- the funds provided herein for the project shall payments under this heading: Provided further, lumbia (D.C. Law 3–172; D.C. Official Code, sec. lapse: Provided further, That except for funds That the Chief Financial Officer shall certify 3–1301 et seq. and sec. 22–1716 et seq.), approved in the budgets prior to the fiscal year the availability of such funds, and shall certify $229,688,000: Provided, That the District of Co- 2002 budget and FL–MA2 in the fiscal year 2002 Budget Request, no local funds may be ex- that such funds are not required to address lumbia shall identify the source of funding for pended to renovate, rehabilitate or construct budget shortfalls in the District of Columbia. this appropriation title from the District’s own any facility within the boundaries of census REPAYMENT OF GENERAL FUND RECOVERY DEBT locally generated revenues: Provided further, tract 68.04 for any purpose associated with the That no revenues from Federal sources shall be For the purpose of eliminating the $331,589,000 D.C. Department of Corrections, the CSOSA, or used to support the operations or activities of general fund accumulated deficit as of Sep- the federal Bureau of Prisons unit until such the Lottery and Charitable Games Control tember 30, 1990, $39,300,000 from local funds, as time as the Mayor shall present to the Council Board. authorized by section 461(a) of the District of for its approval, a plan for the development of Columbia Home Rule Act, (105 Stat. 540; D.C. SPORTS AND ENTERTAINMENT COMMISSION census tract 68.04 south of East Capitol Street, Official Code, sec. 1–204.61(a)). For the Sports and Entertainment Commis- S.E., and the housing of any misdemeanants, PAYMENT OF INTEREST ON SHORT-TERM sion, $9,127,000 from other funds: Provided, felons, ex-offenders, or persons awaiting trial BORROWING That the Mayor shall submit a budget for the within the District of Columbia: Provided fur- For payment of interest on short-term bor- Armory Board for the forthcoming fiscal year as ther, That none of the conditions set forth in rowing, $500,000 from local funds. required by section 442(b) of the District of Co- this paragraph shall interfere with the oper- WILSON BUILDING lumbia Home Rule Act (87 Stat. 824; Public Law ations of any Federal agency. 93–198; D.C. Official Code, sec. 1–204.42(b)). For expenses associated with the John A. Wil- GENERAL PROVISIONS son Building, $8,859,000 from local funds. DISTRICT OF COLUMBIA RETIREMENT BOARD SEC. 101. Whenever in this Act, an amount is EMERGENCY RESERVE FUND TRANSFER For the District of Columbia Retirement specified within an appropriation for particular Board, established by section 121 of the District purposes or objects of expenditure, such Subject to the issuance of bonds to pay the of Columbia Retirement Reform Act of 1979 (93 amount, unless otherwise specified, shall be con- purchase price of the District of Columbia’s Stat. 866; D.C. Official Code, sec. 1–711), sidered as the maximum amount that may be ex- right, title, and interest in and to the Master $13,388,000 from the earnings of the applicable pended for said purpose or object rather than an Settlement Agreement, and consistent with the retirement funds to pay legal, management, in- amount set apart exclusively therefor. Tobacco Settlement Trust Fund Establishment vestment, and other fees and administrative ex- SEC. 102. Appropriations in this Act shall be Act of 1999 (D.C. Official Code, sec. 7– penses of the District of Columbia Retirement available for expenses of travel and for the pay- 1811.01(a)(ii)) and the Tobacco Settlement Fi- Board: Provided, That the District of Columbia ment of dues of organizations concerned with nancing Act of 2000 (D.C. Official Code, sec. 7– Retirement Board shall provide the Mayor, for the work of the District of Columbia govern- 1831.03 et seq.), there is transferred the amount transmittal to the Council of the District of Co- ment, when authorized by the Mayor: Provided, available pursuant thereto and Section 404(c) of lumbia, an itemized accounting of the planned That in the case of the Council of the District of Public Law 106–554 to the Emergency and Con- use of appropriated funds in time for each an- Columbia, funds may be expended with the au- tingency Reserve Funds established pursuant to nual budget submission and the actual use of thorization of the chair of the Council. section 450A of the District of Columbia Home such funds in time for each annual audited fi- SEC. 103. There are appropriated from the ap- Rule Act (Public Law 93–198; D.C. Official Code, nancial report. plicable funds of the District of Columbia such sec. 1–204.50a(a)). sums as may be necessary for making refunds WASHINGTON CONVENTION CENTER ENTERPRISE NON-DEPARTMENTAL AGENCY and for the payment of legal settlements or FUND To account for anticipated costs that cannot judgments that have been entered against the be allocated to specific agencies during the de- For the Washington Convention Center Enter- District of Columbia government: Provided, velopment of the proposed budget including an- prise Fund, $57,278,000 from other funds. That nothing contained in this section shall be ticipated employee health insurance cost in- HOUSING FINANCE AGENCY construed as modifying or affecting the provi- creases and contract security costs, $5,799,000 For the Housing Finance Agency, $4,711,000 sions of section 11(c)(3) of title XII of the Dis- from local funds. from other funds. trict of Columbia Income and Franchise Tax Act

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00037 Fmt 0686 Sfmt 6333 E:\BR01\S07NO1.001 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21919 of 1947 (70 Stat. 78; Public Law 84–460; D.C. pensation of District of Columbia employees: the District of Columbia government’’ includes Code, sec. 47–1812.11(c)(3)). Provided, That for pay purposes, employees of an independent agency of the District of Colum- SEC. 104. No part of any appropriation con- the District of Columbia government shall not be bia. tained in this Act shall remain available for ob- subject to the provisions of title 5, United States (d) EXCEPTION FOR BOARD OF EDUCATION.— ligation beyond the current fiscal year unless Code. This section shall not apply to the District of expressly so provided herein. SEC. 111. No later than 30 days after the end Columbia Board of Education, which may, pur- SEC. 105. No funds appropriated in this Act of the first quarter of the fiscal year ending Sep- suant to the laws and regulations of the District for the District of Columbia government for the tember 30, 2002, the Mayor of the District of Co- of Columbia, accept and use gifts to the public operation of educational institutions, the com- lumbia shall submit to the Council of the Dis- schools without prior approval by the Mayor. pensation of personnel, or for other educational trict of Columbia the new fiscal year 2002 rev- SEC. 116. None of the Federal funds provided purposes may be used to permit, encourage, fa- enue estimates as of the end of the first quarter in this Act may be used by the District of Co- cilitate, or further partisan political activities. of fiscal year 2002. These estimates shall be used lumbia to provide for salaries, expenses, or other Nothing herein is intended to prohibit the avail- in the budget request for the fiscal year ending costs associated with the offices of United States ability of school buildings for the use of any September 30, 2003. The officially revised esti- Senator or United States Representative under community or partisan political group during mates at midyear shall be used for the midyear section 4(d) of the District of Columbia State- non-school hours. report. hood Constitutional Convention Initiatives of SEC. 106. None of the Federal funds appro- SEC. 112. No sole source contract with the Dis- 1979 (D.C. Law 3–171; D.C. Code, sec. 1–113(d)). SEC. 117. None of the funds appropriated priated in this Act shall be used for publicity or trict of Columbia government or any agency under this Act shall be expended for any abor- propaganda purposes or implementation of any thereof may be renewed or extended without tion except where the life of the mother would policy including boycott designed to support or opening that contract to the competitive bidding be endangered if the fetus were carried to term defeat legislation pending before Congress or process as set forth in section 303 of the District or where the pregnancy is the result of an act any State legislature. of Columbia Procurement Practices Act of 1985 (D.C. Law 6–85; D.C. Code, sec. 1–1183.3), except of rape or incest. SEC. 107. At the start of the fiscal year, the SEC. 118. None of the Federal funds made that the District of Columbia government or any Mayor shall develop an annual plan, by quarter available in this Act may be used to implement agency thereof may renew or extend sole source and by project, for capital outlay borrowings: or enforce the Health Care Benefits Expansion contracts for which competition is not feasible Provided, That within a reasonable time after Act of 1992 (D.C. Law 9–114; D.C. Code, sec. 36– or practical: Provided, That the determination the close of each quarter, the Mayor shall report 1401 et seq.) or to otherwise implement or en- as to whether to invoke the competitive bidding to the Council of the District of Columbia and force any system of registration of unmarried, process has been made in accordance with duly the Congress the actual borrowings and spend- cohabiting couples, including but not limited to promulgated rules and procedures and said de- ing progress compared with projections. registration for the purpose of extending em- termination has been reviewed and certified by SEC. 108. (a) None of the funds provided under ployment, health, or governmental benefits to the Chief Financial Officer of the District of Co- this Act to the agencies funded by this Act, both such couples on the same basis that such bene- Federal and District government agencies, that lumbia. fits are extended to legally married couples. SEC. 113. For purposes of the Balanced Budget remain available for obligation or expenditure in SEC. 119. ACCEPTANCE AND USE OF GRANTS. fiscal year 2002, or provided from any accounts and Emergency Deficit Control Act of 1985 (99 Notwithstanding any other provision of this in the Treasury of the United States derived by Stat. 1037; Public Law 99–177), the term ‘‘pro- Act, the Mayor, in consultation with the Chief the collection of fees available to the agencies gram, project, and activity’’ shall be synony- Financial Officer, may accept, obligate, and ex- funded by this Act, shall be available for obliga- mous with and refer specifically to each account pend Federal, private, and other grants received tion or expenditure for an agency through a re- appropriating Federal funds in this Act, and by the District government that are not reflected programming of funds which: (1) creates new any sequestration order shall be applied to each in the amounts appropriated in this Act. No programs; (2) eliminates a program, project, or of the accounts rather than to the aggregate such Federal, private, or other grant may be ac- responsibility center; (3) establishes or changes total of those accounts: Provided, That seques- cepted, obligated, or expended until (1) the allocations specifically denied, limited or in- tration orders shall not be applied to any ac- Chief Financial Officer of the District of Colum- creased by Congress in this Act; (4) increases count that is specifically exempted from seques- bia submits to the Council a report setting forth funds or personnel by any means for any pro- tration by the Balanced Budget and Emergency detailed information regarding such grant, and gram, project, or responsibility center for which Deficit Control Act of 1985. (2) the Council has reviewed and approved the SEC. 114. In the event a sequestration order is funds have been denied or restricted; (5) reestab- acceptance, obligation, and expenditure of such issued pursuant to the Balanced Budget and lishes through reprogramming any program or grant, such approval contingent upon (A) no Emergency Deficit Control Act of 1985 (99 Stat. project previously deferred through reprogram- written notice of disapproval being filed with 1037: Public Law 99–177), after the amounts ap- ming; (6) augments existing programs, projects, the Secretary to the Council within 14 calendar propriated to the District of Columbia for the or responsibility centers through a reprogram- days of the receipt of the report from the Chief fiscal year involved have been paid to the Dis- ming of funds in excess of $1,000,000 or 10 per- Financial Officer, and no oral notice of dis- trict of Columbia, the Mayor of the District of cent, whichever is less; or (7) increases by 20 approval is given during a meeting of the Coun- Columbia shall pay to the Secretary of the percent or more personnel assigned to a specific cil during such 14 calendar day period, the re- Treasury, within 15 days after receipt of a re- program, project or responsibility center; unless port shall be deemed to be approved, and (B) quest therefor from the Secretary of the Treas- the Committees on Appropriations of both the should notice of disapproval be given during ury, such amounts as are sequestered by the Senate and House of Representatives are noti- such initial 14-calendar day period, the Council order: Provided, That the sequestration percent- fied in writing 30 days in advance of any re- may approve or disapprove the report by resolu- age specified in the order shall be applied pro- programming as set forth in this section. tion within 30 calendar days of the initial re- portionately to each of the Federal appropria- (b) None of the local funds contained in this ceipt of the report from the Chief Financial Of- tion accounts in this Act that are not specifi- Act may be available for obligation or expendi- ficer, or such report shall be deemed to be ap- cally exempted from sequestration by such Act. ture for an agency through a reprogramming or proved. No amount may be obligated or ex- SEC. 115. ACCEPTANCE AND USE OF GIFTS. (a) transfer of funds which transfers any local pended from the general fund or other funds of APPROVAL BY MAYOR.— funds from one appropriation title to another (1) IN GENERAL.—An entity of the District of the District government in anticipation of the unless the Committees on Appropriations of the Columbia government may accept and use a gift approval or receipt of a grant or in anticipation Senate and House of Representatives are noti- or donation during fiscal year 2002 if— of the approval or receipt of a Federal, private, fied in writing 30 days in advance of the re- (A) the Mayor approves the acceptance and or other grant not subject to these provisions. programming or transfer, except that in no use of the gift or donation (except as provided in The Chief Financial Officer of the District of event may the amount of any funds repro- paragraph (2)); and Columbia shall prepare a quarterly report set- grammed or transferred exceed four percent of (B) the entity uses the gift or donation to ting forth detailed information regarding all the local funds. carry out its authorized functions or duties. Federal, private, and other grants subject to SEC. 109. Consistent with the provisions of 31 (2) EXCEPTION FOR COUNCIL AND COURTS.—The these provisions. Each such report shall be sub- U.S.C. 1301(a), appropriations under this Act Council of the District of Columbia and the Dis- mitted to the Council of the District of Colum- shall be applied only to the objects for which trict of Columbia courts may accept and use bia, and to the Committees on Appropriations of the appropriations were made except as other- gifts without prior approval by the Mayor. the House of Representatives and the Senate, wise provided by law. (b) RECORDS AND PUBLIC INSPECTION.—Each not later than 15 days after the end of the quar- SEC. 110. Notwithstanding any other provi- entity of the District of Columbia government ter covered by the report. sions of law, the provisions of the District of Co- shall keep accurate and detailed records of the SEC. 120. (a) RESTRICTIONS ON USE OF OFFI- lumbia Government Comprehensive Merit Per- acceptance and use of any gift or donation CIAL VEHICLES.—Except as otherwise provided sonnel Act of 1978 (D.C. Law 2–139; D.C. Code, under subsection (a), and shall make such in this section, none of the funds made available sec. 1–601.1 et seq.), enacted pursuant to section records available for audit and public inspec- by this Act or by any other Act may be used to 422(3) of the District of Columbia Home Rule Act tion. provide any officer or employee of the District of (87 Stat. 790; Public Law 93–198; D.C. Code, sec. (c) INDEPENDENT AGENCIES INCLUDED.—For Columbia with an official vehicle unless the of- 1–242(3)), shall apply with respect to the com- the purposes of this section, the term ‘‘entity of ficer or employee uses the vehicle only in the

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performance of the officer’s or employee’s offi- (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In any of the reports accompanying the Act and cial duties. For purposes of this paragraph, the providing financial assistance using funds made the deadline by which each report must be sub- term ‘‘official duties’’ does not include travel be- available in this Act, the head of each agency of mitted, and the District’s Chief Financial Offi- tween the officer’s or employee’s residence and the Federal or District of Columbia government cer shall provide to the Committees on Appro- workplace (except: (1) in the case of an officer shall provide to each recipient of the assistance priations of the Senate and the House of Rep- or employee of the Metropolitan Police Depart- a notice describing the statement made in para- resentatives by the 10th day after the end of ment who resides in the District of Columbia or graph (1) by the Congress. each quarter a summary list showing each re- is otherwise designated by the Chief of the De- (c) PROHIBITION OF CONTRACTS WITH PERSONS port, the due date and the date submitted to the partment; (2) at the discretion of the Fire Chief, FALSELY LABELING PRODUCTS AS MADE IN Committees. an officer or employee of the District of Colum- AMERICA.—If it has been finally determined by SEC. 129. (a) None of the funds contained in bia Fire and Emergency Medical Services De- a court or Federal agency that any person in- this Act may be used to enact or carry out any partment who resides in the District of Columbia tentionally affixed a label bearing a ‘‘Made in law, rule, or regulation to legalize or otherwise and is on call 24 hours a day; (3) the Mayor of America’’ inscription, or any inscription with reduce penalties associated with the possession, the District of Columbia; and (4) the Chairman the same meaning, to any product sold in or use, or distribution of any schedule I substance of the Council of the District of Columbia). shipped to the United States that is not made in under the Controlled Substances Act (21 U.S.C. (b) INVENTORY OF VEHICLES.—The Chief Fi- the United States, the person shall be ineligible 802) or any tetrahydrocannabinols derivative. nancial Officer of the District of Columbia shall to receive any contract or subcontract made (b) The Legalization of Marijuana for Medical submit, by November 15, 2001, an inventory, as with funds made available in this Act, pursuant Treatment Initiative of 1998, also known as Ini- of September 30, 2001, of all vehicles owned, to the debarment, suspension, and ineligibility tiative 59, approved by the electors of the Dis- leased or operated by the District of Columbia procedures described in sections 9.400 through trict of Columbia on November 3, 1998, shall not government. The inventory shall include, but 9.409 of title 48, Code of Federal Regulations. take effect. not be limited to, the department to which the SEC. 124. None of the funds contained in this SEC. 130. Nothing in this Act may be construed vehicle is assigned; the year and make of the ve- Act may be used for purposes of the annual to prevent the Council or Mayor of the District hicle; the acquisition date and cost; the general independent audit of the District of Columbia of Columbia from addressing the issue of the condition of the vehicle; annual operating and government for fiscal year 2002 unless— provision of contraceptive coverage by health maintenance costs; current mileage; and wheth- (1) the audit is conducted by the Inspector insurance plans, but it is the intent of Congress er the vehicle is allowed to be taken home by a General of the District of Columbia, in coordina- that any legislation enacted on such issue District officer or employee and if so, the officer tion with the Chief Financial Officer of the Dis- should include a ‘‘conscience clause’’ which or employee’s title and resident location. trict of Columbia, pursuant to section 208(a)(4) provides exceptions for religious beliefs and SEC. 121. No officer or employee of the District of the District of Columbia Procurement Prac- moral convictions. of Columbia government (including any inde- tices Act of 1985 (D.C. Code, sec. 1–1182.8(a)(4)); pendent agency of the District but excluding the and PROMPT PAYMENT OF APPOINTED COUNSEL Chief Financial Officer of the District of Colum- (2) the audit includes a comparison of audited SEC. 131. (a) ASSESSMENT OF INTEREST FOR bia, the Metropolitan Police Department, and actual year-end results with the revenues sub- DELAYED PAYMENTS.—If the Superior Court of the Office of the Chief Technology Officer) may mitted in the budget document for such year the District of Columbia or the District of Co- enter into an agreement in excess of $2,500 for and the appropriations enacted into law for lumbia Court of Appeals does not make a pay- the procurement of goods or services on behalf such year. ment described in subsection (b) prior to the ex- of any entity of the District government until SEC. 125. None of the Federal funds contained piration of the 45-day period which begins on the officer or employee has conducted an anal- in this Act may be used by the District of Co- the date the Court receives a completed voucher ysis of how the procurement of the goods and lumbia Corporation Counsel or any other officer for a claim for the payment, interest shall be as- services involved under the applicable regula- or entity of the District government to provide sessed against the amount of the payment which tions and procedures of the District government assistance for any petition drive or civil action would otherwise be made to take into account would differ from the procurement of the goods which seeks to require Congress to provide for the period which begins on the day after the ex- and services involved under the Federal supply voting representation in Congress for the Dis- piration of such 45-day period and which ends schedule and other applicable regulations and trict of Columbia. on the day the Court makes the payment. procedures of the General Services Administra- SEC. 126. No later than November 1, 2001, or (b) PAYMENTS DESCRIBED.—A payment de- tion, including an analysis of any differences in within 30 calendar days after the date of the en- scribed in this subsection is— the costs to be incurred and the time required to actment of this Act, whichever occurs later, the (1) a payment authorized under section 11– obtain the goods or services. Chief Financial Officer of the District of Colum- 2604 and section 11–2605, D.C. Code (relating to SEC. 122. Notwithstanding any other provision bia shall submit to the appropriate committees of representation provided under the District of of law, not later than 120 days after the date Congress, the Mayor, and the Council a revised Columbia Criminal Justice Act); that a District of Columbia Public Schools appropriated funds operating budget in the for- (2) a payment for counsel appointed in pro- (DCPS) student is referred for evaluation or as- mat of the budget that the District of Columbia ceedings in the Family Division of the Superior sessment— government submitted pursuant to section 442 of Court of the District of Columbia under chapter (1) the District of Columbia Board of Edu- the District of Columbia Home Rule Act (Public 23 of title 16, D.C. Code; or cation, or its successor, and DCPS shall assess Law 93–198; D.C. Code, sec. 47–301), for all or evaluate a student who may have a disability agencies of the District of Columbia government (3) a payment for counsel authorized under and who may require special education services; for such fiscal year that is in the total amount section 21–2060, D.C. Code (relating to represen- and of the approved appropriation and that realigns tation provided under the District of Columbia (2) if a student is classified as having a dis- all budgeted data for personal services and Guardianship, Protective Proceedings, and Du- ability, as defined in section 101(a)(1) of the In- other-than-personal-services, respectively, with rable Power of Attorney Act of 1986). dividuals with Disabilities Education Act (84 anticipated actual expenditures. (c) STANDARDS FOR SUBMISSION OF COM- Stat. 175; 20 U.S.C. 1401(a)(1)) or in section 7(8) SEC. 127. (a) None of the Federal funds con- PLETED VOUCHERS.—The chief judges of the Su- of the Rehabilitation Act of 1973 (87 Stat. 359; 29 tained in this Act may be used for any program perior Court of the District of Columbia and the U.S.C. 706(8)), the Board and DCPS shall place of distributing sterile needles or syringes for the District of Columbia Court of Appeals shall es- that student in an appropriate program of spe- hypodermic injection of any illegal drug. tablish standards and criteria for determining cial education services. (b) Any individual or entity who receives any whether vouchers submitted for claims for pay- SEC. 123. (a) COMPLIANCE WITH BUY AMER- funds contained in this Act and who carries out ments described in subsection (b) are complete, ICAN ACT.—None of the funds made available in any program described in subsection (a) shall and shall publish and make such standards and this Act may be expended by an entity unless account for all funds used for such program sep- criteria available to attorneys who practice be- the entity agrees that in expending the funds arately from any funds contained in this Act. fore such Courts. the entity will comply with the Buy American SEC. 128. None of the funds contained in this (d) RULE OF CONSTRUCTION.—Nothing in this Act (41 U.S.C. 10a–10c). Act may be used after the expiration of the 60- section shall be construed to require the assess- (b) SENSE OF THE CONGRESS; REQUIREMENT day period that begins on the date of the enact- ment of interest against any claim (or portion of REGARDING NOTICE.— ment of this Act to pay the salary of any chief any claim) which is denied by the Court in- (1) PURCHASE OF AMERICAN-MADE EQUIPMENT financial officer of any office of the District of volved. AND PRODUCTS.—In the case of any equipment Columbia government who has not filed a cer- (e) EFFECTIVE DATE.—This section shall apply or product that may be authorized to be pur- tification with the Mayor and the Chief Finan- with respect to claims received by the Superior chased with financial assistance provided using cial Officer of the District of Columbia that the Court of the District of Columbia or the District funds made available in this Act, it is the sense officer understands the duties and restrictions of Columbia Court of Appeals during fiscal year of the Congress that entities receiving the assist- applicable to the officer and the officer’s agency 2002, and claims received previously that remain ance should, in expending the assistance, pur- as a result of this Act (and the amendments unpaid at the end of fiscal year 2001, and would chase only American-made equipment and prod- made by this Act), including any duty to pre- have qualified for interest payment under this ucts to the greatest extent practicable. pare a report requested either in the Act or in section.

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SEC. 132. The Mayor of the District of Colum- which is expended in one fiscal year shall be re- use of the Office of the Corporation Counsel of bia shall submit to the Senate and House Com- plenished in the following fiscal year appropria- the District of Columbia until September 30, mittees on Appropriations, the Senate Govern- tions to maintain the required balance.’’. 2003, in accordance with the statutes that estab- mental Affairs Committee, and the House Gov- (b) EFFECTIVE DATE.—The amendment made lished these funds. ernment Reform Committee quarterly reports ad- by subsection (a) shall take effect October 1, SEC. 136. RISK MANAGEMENT FOR SETTLE- dressing the following issues: (1) crime, includ- 2001. MENTS AND JUDGMENTS. In addition to any other ing the homicide rate, implementation of com- (c) CONFORMING AMENDMENTS.—Section 159(c) authority to pay claims and judgments, any de- munity policing, the number of police officers on of the District of Columbia Appropriations Act, partment, agency, or instrumentality of the Dis- local beats, and the closing down of open-air 2001 (Public Law 106–522; 114 Stat. 2482) is trict government may pay the settlement or drug markets; (2) access to drug abuse treat- amended to read as follows: judgment of a claim or lawsuit in an amount ment, including the number of treatment slots, ‘‘(c) EFFECTIVE DATE.— less than $10,000, in accordance with the Risk the number of people served, the number of peo- ‘‘(1) IN GENERAL.—Except as provided in para- Management for Settlements and Judgments ple on waiting lists, and the effectiveness of graph (2), this section and the amendments Amendment Act of 2000, effective October 19, treatment programs; (3) management of parolees made by this section shall take effect on October 2000 (D.C. Law 13–172; D.C. Official Code § 2– and pre-trial violent offenders, including the 1, 2000. 402). number of halfway house escapes and steps ‘‘(2) REPEAL OF POSITIVE FUND BALANCE RE- SEC. 137. To waive the period of Congressional taken to improve monitoring and supervision of QUIREMENT.—The amendment made by sub- review of the Closing of Portions of 2nd and N halfway house residents to reduce the number of section (b)(2) shall take effect October 1, 1999. Streets, N.E. and Alley System in Square 710, escapes to be provided in consultation with the ‘‘(3) TRANSFER OF FUNDS.—All funds identi- S.O. 00–97, Act of 2001. Notwithstanding section Court Services and Offender Supervision Agen- fied by the District government pursuant to sec- 602(c)(1) of the District of Columbia Home Rule cy; (4) education, including access to special tion 148 of Public Law 106–113, as reflected in Act (sec. 1–233(c)(1), D.C. Code), the Closing of education services and student achievement to the certified annual financial report for fiscal Portions of 2nd and N Streets, N.E. and Alley be provided in consultation with the District of year 2000, shall be deposited during fiscal year System in Square 710, S.O. 00–97, Act of 2001 Columbia Public Schools; (5) improvement in 2002 into the Emergency and Contingency Re- (D.C. Act 14–106) shall take effect on the date of basic District services, including rat control and serve Funds established pursuant to Section 159 the enactment of such Act or the date of the en- abatement; (6) application for and management of Public Law 106–522, during fiscal year 2002.’’. actment of this Act, whichever is later. of Federal grants, including the number and (d) CONTINGENCY RESERVE FUND.—Section SEC. 138. (a) None of the funds contained in type of grants for which the District was eligible 450A(b) of the Home Rule Act (Public Law 93– this Act may be made available to pay the fees but failed to apply and the number and type of 198) is amended— of an attorney who represents a party who pre- grants awarded to the District but for which the (1) by striking paragraph (1) and inserting the vails in an action or any attorney who defends District failed to spend the amounts received; following: any action, including an administrative pro- and (7) indicators of child well-being. ‘‘(1) IN GENERAL.—There is established a con- ceeding, brought against the District of Colum- bia Public Schools under the Individuals with RESERVE FUNDS tingency cash reserve fund (in this subsection Disabilities Education Act (20 U.S.C. 1400 et SEC. 133. (a) IN GENERAL.—Section 202(j) of referred to as the ‘contingency reserve fund’) as an interest-bearing account (separate from other seq.) if— Public Law 104–8, the District of Columbia Fi- (1) the hourly rate of compensation of the at- nancial Responsibility and Management Assist- accounts in the General Fund) into which the Mayor shall deposit in cash not later than Octo- torney exceeds 300 percent of the maximum ance Act of 1995 is amended to read as follows: amount of compensation under section 11– ‘‘(j) RESERVE FUNDS.— ber 1 of each fiscal year (beginning with fiscal year 2002) such amount as may be required to 2604(b)(1), District of Columbia Code; or ‘‘(1) BUDGET RESERVE.— (2) the maximum amount of compensation of maintain a balance in the fund of at least 3 per- ‘‘(A) IN GENERAL.—For each of the fiscal years the attorney exceeds 300 percent of the max- cent of the total budget appropriated for oper- 2002 and 2003, the budget of the District govern- imum amount of compensation under section 11– ating expenditures for such fiscal year which is ment for the fiscal year shall contain a budget 2604(b)(1), District of Columbia Code, except derived from local funds (or, in the case of fiscal reserve in the following amounts: that compensation and reimbursement in excess years prior to fiscal year 2007, such amount as ‘‘(i) $120,000,000, in the case of fiscal year of such maximum may be approved for extended may be required to maintain a balance in the 2002. or complex representation in accordance with fund of at least the minimum contingency re- ‘‘(ii) $70,000,000, in the case of fiscal year 2003. section 11–2604(c), District of Columbia Code; serve balance for such fiscal year, as determined ‘‘(B) AVAILABILITY OF FUNDS.—Any amount and under paragraph (2)).’’; and made available from the budget reserve de- (3) in no case may the compensation limits in (2) by striking subparagraph (B) of paragraph scribed in subparagraph (A) shall remain avail- paragraphs (1) and (2) exceed $3,000. able until expended. (2) and inserting the following: (b) Notwithstanding the preceding subsection, ‘‘(C) AVAILABILITY OF FY 2001 BUDGET RESERVE ‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In if the Mayor and the Superintendent of the Dis- FUNDS.—For fiscal year 2001, any amount in the subparagraph (A), the ‘applicable percentage’ trict of Columbia Public Schools concur in a budget reserve shall remain available until ex- with respect to a fiscal year means the fol- Memorandum of Understanding setting forth a pended. lowing: new rate and amount of compensation, or a new ‘‘(2) CUMULATIVE CASH RESERVE.—In addition ‘‘(i) For fiscal year 2002, 0 percent. limit referred to in subsection (a)(3), then such to any other cash reserves required under sec- ‘‘(ii) For fiscal year 2003, 0 percent. new rates or limits shall apply in lieu of the tion 450A of the District of Columbia Home Rule ‘‘(iii) For fiscal year 2004, 0 percent. rates and limits set forth in the preceding sub- Act, for each of the fiscal years 2004 and 2005, ‘‘(iv) For fiscal year 2005, 1 percent. section to both the attorney who represents the the budget of the District government for the fis- ‘‘(v) For fiscal year 2006, 2 percent.’’. prevailing party and the attorney who defends cal year shall contain a cumulative cash reserve SEC. 134. INTEGRATED PRODUCT TEAM. No the action. of $50,000,000. funds appropriated by this Act shall be avail- (c) Notwithstanding 20 U.S.C. § 1415, 42 U.S.C. ‘‘(3) CONDITIONS ON USE.—The District of Co- able for an Integrated Product Team until reor- § 1988, 29 U.S.C § 794a, or any other law, none of lumbia may obligate or expend amounts in the ganization plans for the Integrated Product the funds appropriated under this Act, or in ap- budget reserve under paragraph (1) or the cu- Team and a Capital Construction Services Ad- propriations Acts for subsequent fiscal years, mulative cash reserve under paragraph (2) only ministration have been approved, or deemed ap- may be made available to pay attorneys’ fees ac- in accordance with the following conditions: proved, by the Council: Provided, That this crued prior to the effective date of this Act that ‘‘(A) The Chief Financial Officer of the Dis- paragraph shall not apply to funds appro- exceeds a cap imposed on attorneys’ fees by trict of Columbia shall certify that the amounts priated for the Office of Contracting and Pro- prior appropriations Acts that were in effect are available. curement. during the fiscal year when the work was per- ‘‘(B) The amounts shall be obligated or ex- SEC. 135. CORPORATION COUNSEL ANTITRUST, formed, or when payment was requested for pended in accordance with laws enacted by the ANTIFRAUD, CONSUMER PROTECTION FUNDS. All work previously performed, in an action brought Council in support of each such obligation or funds whenever deposited in the District of Co- against the District of Columbia Public Schools expenditure. lumbia Antitrust Fund established pursuant to under the Individuals With Disabilities Act (20 ‘‘(C) The amounts may not be used to fund section 2 of the District of Columbia Antitrust U.S.C. § 1400 et seq.). the agencies of the District of Columbia govern- Act of 1980 (D.C. Law 3–169; D.C. Code § 28– SEC. 139. The limitation on attorneys’ fees ment under court ordered receivership. 4516), the Antifraud Fund established pursuant paid by the District of Columbia for actions ‘‘(D) The amounts may be obligated or ex- to section 820 of the District of Columbia Pro- brought under the Individuals with Disabilities pended only if the Mayor notifies the Commit- curement Practices Act of 1985, effective Feb- Education Act (20 U.S.C. 1400 et seq.) (sec. 138) tees on Appropriations of the House of Rep- ruary 21, 1986 (D.C. Law 6–85; D.C. Code § 1– shall not apply if the plaintiff is a child who resentatives and Senate in writing 30 days in 1188.20), and the District of Columbia Consumer is— advance of any obligation or expenditure. Protection Fund established pursuant to section (1) from a family with an annual income of ‘‘(4) REPLENISHMENT.—Any amount of the 1402 of the District of Columbia Budget Support less than $17,600; or budget reserve under paragraph (1) or the cu- Act for fiscal year 2001 (D.C. Law 13–172; D.C. (2) from a family where one of the parents is mulative cash reserve under paragraph (2) Code § 28–3911), are hereby appropriated for the a disabled veteran; or

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00040 Fmt 0686 Sfmt 6333 E:\BR01\S07NO1.001 S07NO1 21922 CONGRESSIONAL RECORD—SENATE November 7, 2001 (3) where the child has been adjudicated as operator, or owner of such carrier (or the au- Mr. REID. Madam President, I ask neglected or abused. thorized agent of such owner or operator) shall unanimous consent that the order for SEC. 140. MANDATORY ADVANCED ELECTRONIC provide, by electronic transmission, manifest in- the quorum call be rescinded. INFORMATION FOR AIR CARGO AND PASSENGERS formation specified in subsection (b) in advance The PRESIDING OFFICER. Without ENTERING THE UNITED STATES. (a) AIR CARGO of such entry or clearance in such manner, time, objection, it is so ordered. INFORMATION.— and form as the Secretary shall prescribe. (1) IN GENERAL.—Section 431(b) of the Tariff ‘‘(b) INFORMATION.—The information specified f in this subsection with respect to a person is— Act of 1930 (19 U.S.C. 1431(b)) is amended— MORNING BUSINESS (A) by striking ‘‘(b) PRODUCTION OF MANI- ‘‘(1) full name; FEST.—Any manifest’’ and inserting the fol- ‘‘(2) date of birth and citizenship; Mr. REID. Madam President, I ask lowing: ‘‘(3) sex; ‘‘(4) passport number and country of issuance; unanimous consent that there now be a ‘‘(b) PRODUCTION OF MANIFEST.— ‘‘(5) United States visa number or resident period for morning business, with Sen- ‘‘(1) IN GENERAL.—Any manifest’’; alien card number, as applicable; ators allowed to speak for up to 10 min- (B) by indenting the margin of paragraph (1), ‘‘(6) passenger name record; and utes each. as so designated, two ems; and ‘‘(7) such other information as the Secretary, (C) by adding at the end the following new The PRESIDING OFFICER. Without by regulation, determines is reasonably nec- objection, it is so ordered. paragraph: essary to ensure aviation transportation safety ‘‘(2) ADDITIONAL INFORMATION.— pursuant to the laws enforced or administered f ‘‘(A) IN GENERAL.—In addition to any other by the Customs Service. SEPTEMBER 11 VICTIMS’ TAX requirement under this section, every air carrier ‘‘(c) AVAILABILITY OF INFORMATION.—Infor- required to make entry or obtain clearance mation provided under this section may be LEGISLATION under the customs laws of the United States, the shared with other departments and agencies of Mr. TORRICELLI. Madam President, pilot, the master, operator, or owner of such the Federal Government, including the Depart- nearly 2 months have passed since the carrier (or the authorized agent of such owner ment of Transportation and the law enforce- events of September 11. The tragedy or operator) shall provide by electronic trans- ment agencies of the Federal Government, for and its ramifications have been part of mission cargo manifest information specified in purposes of protecting the national security of the life of every American family in subparagraph (B) in advance of such entry or the United States.’’. clearance in such manner, time, and form as the (c) DEFINITION.—Section 401 of the Tariff Act the weeks that have followed. Even Secretary shall prescribe. The Secretary may ex- of 1930 (19 U.S.C. 1401) is amended by adding at American schoolchildren can recount clude any class of air carrier for which the Sec- the end the following new subsection: not only the images but recite the retary concludes the requirements of this sub- ‘‘(t) AIR CARRIER.—The term ‘air carrier’ numbers of the dead, the cost, and the paragraph are not necessary. means an air carrier transporting goods or pas- consequences. ‘‘(B) INFORMATION REQUIRED.—The informa- sengers for payment or other consideration, in- In my State there are hundreds of cluding money or services rendered.’’. tion specified in this subparagraph is as follows: people who did not come home on that ‘‘(i) The port of arrival or departure, which- (d) EFFECTIVE DATE.—The amendments made ever is applicable. by this section shall take effect 45 days after the night. The changes experienced by av- ‘‘(ii) The carrier code, prefix code, or, both. date of enactment of this Act. erage Americans cannot obviously be ‘‘(iii) The flight or trip number. SEC. 141. The General Accounting Office, in compared with the families them- ‘‘(iv) The date of scheduled arrival or date of consultation with the relevant agencies and selves—wives and husbands, children, scheduled departure, whichever is applicable. members of the Committee on Appropriations brothers and sisters who are rebuilding ‘‘(v) The request for permit to proceed to the Subcommittee on the District of Columbia, shall shattered lives. They wake up every destination, if applicable. submit by January 2, 2002 a report to the Com- mittees on Appropriations of the House and the day reminding themselves of the new ‘‘(vi) The numbers and quantities from the reality that will follow them through- master and house air waybill or bills of lading. Senate and the Committee on Governmental Af- ‘‘(vii) The first port of lading of the cargo. fairs of the Senate and the Committee on Gov- out their lives. ‘‘(viii) A description and weight of the cargo. ernment Reform of the House of Representatives Recently, Senator CORZINE and I met ‘‘(ix) The shippers name and address from all detailing the awards in judgment rendered in with a number of the widows and wid- air waybills or bills of lading. the District of Columbia that were in excess of owers. You can only imagine, if this ‘‘(x) The consignee name and address from all the cap imposed by prior appropriations Acts in entire Nation has found it difficult to air waybills or bills of lading. effect during the fiscal year when the work was accept the reality of these cir- ‘‘(xi) Notice that actual boarded quantities are performed, or when payment was requested for work previously performed, in actions brought cumstances, what it is like for a young not equal to air waybill or bills of lading quan- mother still recoiling from the experi- tities. against the District of Columbia Public Schools ‘‘(xii) Transfer or transit information. under the Individuals with Disabilities Edu- ence of informing her children, or a fa- ‘‘(xiii) Warehouse or other location of the cation Act (20 U.S.C. § 1400 et seq.): Provided, ther, now left to raise children alone. cargo. That such report shall include a comparison of The pain of September 11 is measured ‘‘(xiv) Such other information as the Sec- the cause of actions and judgments rendered on many scales. It has changed the fi- retary, by regulation, determines is reasonably against public school districts of comparable de- nances of this Government. It has for- necessary to ensure aviation transportation mographics and population as the District. ever impacted our national sense of safety pursuant to the laws enforced or adminis- This Act may be cited as the ‘‘District of Co- lumbia Appropriations Act, 2002’’. safety. But for these few thousand fam- tered by the Customs Service. ilies, it has changed lives in ways we ‘‘(3) AVAILABILITY OF INFORMATION.—Infor- Ms. LANDRIEU. I move to reconsider mation provided under paragraph (2) may be the vote and I move to lay that motion could never hope to understand. shared with other departments and agencies of on the table. There is little in terms of the things the Federal Government, including the Depart- The motion to lay on the table was that matter that any of us can do to ment of Transportation and the law enforce- agreed to. generally offer comfort or consolation. ment agencies of the Federal Government, for The PRESIDING OFFICER. Under But in the ways that Government can purposes of protecting the national security of the previous order, the Senate insists measure compassion, there are things the United States.’’. we must try to do. (2) CONFORMING AMENDMENTS.—Subpara- on its amendments, requests a con- Families that JON CORZINE and I met graphs (A) and (C) of section 431(d)(1) of such ference with the House on the dis- Act are each amended by inserting before the agreeing votes of the two Houses, and with indicated to us that when they are semicolon ‘‘or subsection (b)(2)’’. the Chair appoints Ms. LANDRIEU, Mr. not dealing with the pain or the trau- (b) PASSENGER INFORMATION.—Part II of title DURBIN, Mr. REED, Mr. INOUYE, Mr. ma, life has returned to much more IV of the Tariff Act of 1930 is amended by in- DEWINE, Mrs. HUTCHISON, and Mr. STE- mundane things: A woman who even as serting after section 431 the following new sec- VENS conferees on the part of the Sen- she buries her husband thinks about tion: ate. next month’s mortgage; the young ‘‘SEC. 432. PASSENGER AND CREW MANIFEST IN- Ms. LANDRIEU. Madam President, I family who even when they are con- FORMATION REQUIRED FOR AIR CARRIERS. suggest the absence of a quorum. soling their children are dealing with ‘‘(a) IN GENERAL.—For every person arriving The PRESIDING OFFICER. The colleges or grade schools on next year’s or departing on an air carrier required to make clerk will call the roll. tuition; the young family who may entry or obtain clearance under the customs The legislative clerk proceeded to have just started life together and laws of the United States, the pilot, the master, call the roll. bought a home or rented an apartment

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21923 and used all their resources; and now, These are the funds these families Cove Point LNG facility and will let as a mother thinks about her children’s will use for this generation and perhaps this type of tanker steam up the bay future, she is thinking about the gro- succeeding generations to bring order and park next to a nuclear powerplant? ceries next week. and security to their lives. They should And guess when they did it? They did it America can afford to debate this keep this money. It is not for us. If this on October 11, the 1-month anniversary issue philosophically and how it may is the last and only gift a mother or fa- of the terrorist attack on America. have changed our laws or our lives. ther had to give to their children or The President of the United States That luxury is not available to these husband, or wife to their spouse, that is was warning us against more attacks. young families. as it should be. It is not for us. The Attorney General had us on high It raises in the Senate an important Current law excludes disability bene- alert. And FERC is signing little pieces question about how we can respond. fits from income if a U.S. employee is of paper saying ‘‘you all come from Al- Some weeks ago the House of Rep- injured in a terrorist attack outside geria.’’ resentatives passed legislation to pro- the United States. This legislation will I cannot believe it. Calvert Cliffs, 31⁄2 vide tax relief to families of these vic- also expand this to include those in- miles away, needs to be protected. The tims so that as these young mothers or jured in a terrorist attack in the International Atomic Energy Agency fathers received their last paychecks or United States. and U.S. officials have warned that nu- struggled to deal with the financial re- Every Member of the Senate should clear powerplants are at risk. alities or negotiate perhaps bonuses feel proud to be part of this legislation. The Homeland Security Director, from employers who are themselves We have offered assistance to the Tom Ridge, has called for increased se- struggling to deal with the impact, States of Virginia and New York and curity at nuclear powerplants. they can at least husband these re- New Jersey because of the terrorist at- We cannot fly over nuclear power- sources without concern that the Fed- tacks. We have offered relief to the air- plants. Why should we be able to dock eral Government will tax what they line industry to save them from bank- next to them with an LNG tanker? have remaining. That legislation has ruptcy. There is debate now on what From where do these LNG tankers been sent to the Senate Finance Com- should be done for the insurance indus- come? One of the main sources is Alge- mittee. These weeks we have been try. These things may all be right and ria. Algeria is on every terrorist watch working to prepare it and have it ready proper. They are not complete. list. It is the home of the Armed Is- for committee consideration. No financial arrangement, no change lamic Group, or IGA, a terrorist group I want my colleagues to know that of the law could possibly be complete with international reach. Islamic radi- enough time has now passed. I am, on unless we address the question of fami- cals from Algeria are key players in this day, introducing this legislation to lies themselves. Senator CORZINE and I bin Laden’s terrorist network. But that the Senate. I will offer it as an amend- made a solemn pledge to these families is OK; an Algerian tanker can just ment when the Senate Finance Com- that we would not rest until this is come up and park in Maryland next to mittee meets tomorrow to consider done. I can assure you that promise a nuclear powerplant. I am concerned stimulus and tax legislation as an will be kept. There is little else this that these terrorists could attack ships amendment. Government can offer these people. carrying fuels, posing a real risk. I commend Senator BAUCUS for not This much, Madam President, we can The mayor of Boston is also worried only his support but his efforts in and should do. about it. That is why he tried to keep drafting this legislation. I also under- f an LNG tanker out of Boston Harbor. stand Senator NICKLES wants to under- If LNG tankers are allowed in the standably change the legislation to in- THANKING SENATOR ALLEN Chesapeake Bay near Calvert Cliffs, a clude equitable treatment for the vic- Ms. MIKULSKI. Madam President, I nightmare scenario could become a re- tims of Oklahoma City. would like to take this opportunity to ality. The victims’ tax legislation will es- thank Senator ALLEN for his gen- As America leads the war on ter- sentially extend the benefits currently erosity and his collegiality. rorism, we cannot do business as usual offered to military personnel and Gov- As one of the displaced Hart people, and issue permits without analysis ernment employees who die as a result he very graciously offered facilities in through a national security prism. of combat or terrorism to civilians his own office to welcome my staff. It I acknowledge we do need more nat- abroad. The legislation will waive in- was a bridge across the Potomac, hope- ural gas in our country. I acknowledge come tax liability for both this year fully a little bit less expensive than the we need to look at energy policy. But and last year and will refund any in- Woodrow Wilson Bridge. Now we are while we are looking at the long-range come taxes paid in those years to the working together on the capital region solutions, we should not make short- family. security plan. I express in this time range decisions that put us further at As I am certain my colleagues would this is what bipartisan collegiality is risk. agree, these funds are better used by all about. So what am I doing about it? families to rebuild their lives rather f I am demanding that the Chairman than used by the Federal Government of FERC review their permitting proc- at this moment. COVE POINT ess and review their Commission’s de- There is, however, the question of Ms. MIKULSKI. Madam President, I cision on Cove Point in the interest of those employees who lost their lives want to bring the full attention of the national security and national safety. I and their families who may have had Senate to a national security issue don’t know what they were thinking income so modest, they did not pay about which I am deeply alarmed. about on October 11, but they are going Federal income tax. Under my legisla- Plans are well underway to reactivate do have to rethink this whole process. tion, which improves upon the version and expand a liquefied natural gas, I am bringing this matter to the at- of the House of Representatives, the LNG, terminal at Cove Point in Mary- tention of Homeland Security Director Senate bill I am introducing will re- land. Tom Ridge and FBI Director Robert fund 2 years’ worth of payroll taxes to What would this mean? It would Mueller, urging them to fully consider families of those who lost their lives on mean that foreign ships, transporting potential risks from terrorism and to September 11. flammable liquid natural gas, would get a hold on the permitting processes I have also drafted legislation to in- come up the Chesapeake Bay and dock that are going on in this country. clude significant estate tax relief for 31⁄2 miles down from the nuclear power- I am turning to U.S. Coast Guard Ad- families by exempting the first $3 mil- plant at Calvert Cliffs. miral Loy to ensure that the Coast lion in assets from both Federal and Can you believe that the Federal En- Guard rigorously reviews the Cove State estate taxes and $8.5 million ergy Regulatory Commission has given Point proposal, working with the Office from Federal estate tax. preliminary approval to reopen the on Homeland Security and the FBI to

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 21924 CONGRESSIONAL RECORD—SENATE November 7, 2001 fully consider potential risks from ter- hard to imagine it has been a year, it On August 2, the Rules Committee, rorism. was a very controversial election, one which I chair, approved a bill which The Coast Guard has authority over that went on for a month before a final does three major things: foreign LNG tankers that would come decision was made by the Supreme It creates a temporary commission to into the Chesapeake Bay. I have al- Court. study election reform issues and issue ready discussed this with our local According to the CalTech-MIT re- ‘‘best practice’’ recommendations. commander, Captain Peoples, who is port, as many as 4 million to 6 million It creates a grant program to provide now taking a look at this issue. people actually showed up to vote that States and localities with Federal I am asking the Nuclear Regulatory day, but for a variety of reasons in funds to acquire updated voting sys- Commission to look into the potential States across the country, were told tems and technology, improve voter threat to the safety of Calvert Cliffs by they could not vote or they voted and registration systems, and educate vot- this proposed reopening. their vote was not counted. That is ac- ers and poll workers. Finally, I am asking the Governor of cording to CalTech and MIT. It establishes three minimum Fed- Maryland, Parris Glendening, to use According to that same report, these eral requirements for Federal elections his local regulatory authority to re- votes were lost due to a variety of rea- and authorizes Federal funding for view this proposal. sons that have existed for a long time. these requirements. You can be sure that I will follow up They did not just happen in one place These three requirements provide for: with all these officials. I am very seri- or in one election: Faulty equipment, Federal standards for voting machines ous about the threat of terrorism. And confusing ballots, registration mixups, and technology, provisional voting, and I am sure some of my colleagues will flawed polling place operations, absen- distribution of sample ballots and vot- share my concern. tee ballot problems, and the list goes ing instructions. I want to make sure that LNG ship- on. There are a lot of ideas for improving ments into Cove Point and other Amer- It was not about one State. We all fo- our system that can be incorporated. It ican terminals are thoroughly consid- cused on Florida, but the fact remains, is not about ideology, it is about what ered as a national security issue, not in the other 49 States there were prob- reforms need to be made to enhance just an energy issue, and that they are lems to varying degrees. Again, these the voting systems of our country. part of our threat assessment. problems were not limited to one Our staffs are meeting. Senator BOND I am not confident that those who State. In fact, the General Accounting is deeply interested in the fraud issue. gave preliminary approval to reopen Office found that 57 percent of voting He has said what I think is the best Cove Point gave this matter the rig- jurisdictions nationwide experienced line about the election process. Sen- orous review it deserves. major problems conducting the Novem- ator BOND says: Voting ought to be I want every single agency with au- ber 7, 2000, elections. easy, and cheating ought to be hard. He thority over LNG plants and shipping These problems were not limited to is exactly right, and his efforts to try to take a look at the risk of terrorist one election. In fact, many of these are to deal with the fraud issues are ones I attacks. systemic problems with our election welcome. Madam President, let me conclude by systems that have existed for years. I am hopeful we can weave reforms saying this. We are all warriors in the For example, over 11 million Ameri- which address these issues into a bill to war on terrorism. Whether we are a bu- cans who are blind or have a hand mo- which we all will be willing to lend our reaucrat or a technocrat or whether we bility disability have never been able names. I intend to continue to work are a soldier in Afghanistan, we all to cast a secret ballot. Not a single bal- with those Members who are interested need to stand sentry. Thousands of peo- lot in America is in braille. in this subject. ple died at the two World Trade Center In fact, according to the General Ac- We do not have the answer yet, but I Towers because of sloppiness and in- counting Office, of the 120,000 polling did not want this day to pass when I competence at our airports. We cannot places in America, 50,000 of them are know there will be a lot of discussion let the same sloppiness go on at our physically inaccessible to the disabled. about what happened a year ago. Obvi- seaports. Despite the fact we passed the Ameri- ously, the events of September 11 I will stand sentry, working for the cans with Disabilities Act, there still is threw the entire agenda of the Con- United States of America and pro- a staggering number of our voting gress off its predictable path. We are tecting the Chesapeake Bay. I wanted places that are not accessible. scrambling to get back to some of to bring this to my colleagues’ atten- We could spend a lot of time talking these issues that need to be addressed. tion. I say to my colleagues, where about what happened a year ago, but I For Americans who wonder if anything they are giving permits, you want to want to take the few minutes available has been done over the last year, the make sure that it is not quite as per- to me to strike a more positive note. answer is yes. These are not simple missible as people might think. Senator BOND of Missouri, Senator matters. There are strongly held views. I yield the floor. MCCONNELL of Kentucky, myself, and We have longstanding traditions about The PRESIDING OFFICER. The Sen- Senator SCHUMER of New York are all how voting is to be conducted in this ator from Connecticut. working to put together a bill to bring country. f to the Senate in the coming weeks. We Americans, as they demonstrated are working on a compromise proposal yesterday in New Jersey, Connecticut, ELECTION REFORM that will allow us to try to fix the Virginia, and in places all over the Mr. DODD. Madam President, I problems that existed in the year 2000 country where elections were held, still thank the distinguished Senator from elections. believe very deeply in the right to vote Louisiana, the distinguished Senator This is not about the past, but about and have their votes counted. I am from Texas, and the distinguished Sen- the future of our democracy. As Thom- hopeful that in the coming days we will ator from Illinois for allowing me to as Paine once said, the right to vote is be able to announce a compromise pro- speak for 7 minutes on an unrelated the right upon which all other rights posal. subject matter. depend. Certainly we ought to be able Again, I thank my colleague from It was 1 year ago on this very day to get this right in the 21st century. Missouri, Senator BOND, my colleague that we had a national election. It was To reach that goal, those of us who from Kentucky, Senator MCCONNELL, on November 7 of last year when 105 are interested in the issue have been my colleague from New York, Senator million of our fellow citizens went to working together to come up with a bi- SCHUMER, and many others interested the polls to elect a President of the partisan proposal that will meet the in this subject matter. Our hope is we United States, Congress, and a variety concerns and objectives of all of us in will soon be able to bring a compromise of governorships and State legislative this Chamber and, hopefully, in the election reform bill before the Senate offices. As we all recall, although it is other body as well. of the United States.

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21925 CHANGES TO THE 2002 APPROPRIA- TABLE 2.—REVISED BUDGET AGGREGATES, 2002— that by passing this legislation, we can TIONS COMMITTEE ALLOCATION Continued change hearts and minds as well. AND BUDGETARY AGGREGATES [In millions of dollars] f Mr. CONRAD. Madam President, sec- IN MEMORY OF JOSEPH CURSEEN, Budget Outlays Surplus tion 314 of the Congressional Budget authority JR. AND THOMAS MORRIS, JR. Act, as amended, requires the chair- Adjustments: Emergency funds, Mrs. CLINTON. Madam President, I man of the Senate Budget Committee FEMA ...... 1,500 0 0 to adjust the budgetary aggregates and Revised allocation: Budget rise today to pay tribute to two men Resolution ...... 1,517,719 1,481,928 186,737 the allocation for the Appropriations who lost their lives while serving their Committee by the amount of appro- f country, and to express the profound sorrow that our entire country feels as priations designated as emergency EMPOWERING STUDENTS TO PRE- spending pursuant to section a result of this loss. I want to extend VENT GUN VIOLENCE IN my deepest sympathies to the families 251(b)(2)(A) of the Balanced Budget and SCHOOLS Emergency Deficit Control Act of 1985, of Joseph Curseen, Jr. of Clinton, MD as amended. The conference report to Mr. LEVIN. Madam President, over and Thomas Morris, Jr. of Suitland, H.R. 2620, the Departments of Veterans the past several years, there have been MD. I commend their service to our Affairs and Housing and Urban Devel- a number of incidents of gun violence country, which combined totals nearly opment, and Independent Agencies Ap- in our schools. Tragedies such as the 50 years, and pay tribute to the honor- propriations Act of 2002, provides $1.5 shootings at Columbine High School in able lives they lived. billion in designated emergency fund- Littleton, CO, have amplified concerns The sudden deaths of two District of ing in 2002 for FEMA disaster relief. among students across the Nation that Columbia postal employees a few Because that budget authority is not gun violence could happen in their weeks ago shook our nation. We have estimated to result in any new outlays schools. come to realize that in our battle in 2002, the adjustment made herein is Many organizations have initiated ef- against terrorism at home, our postal for budget authority only. forts to help students cope with their workers, men and women in uniform, Pursuant to section 302 of the Con- fear. The National Crime Prevention are on the front lines. gressional Budget Act, I hereby revise Council, NCPC, for example, has devel- Joseph Curseen, Jr., 47, an employee the 2002 allocation provided to the Sen- oped a list of ‘‘12 Things Students Can of the United States Postal Service for ate Appropriations Committee in the Do’’ to stop school violence. Some of 15 years, never missed a day of work— concurrent budget resolution in the the suggestions include, reporting any a truly commendable feat. He worked following amounts. crime immediately to school authori- evenings at the Brentwood Road mail Pursuant to section 311 of the Con- ties or police and reporting suspicious facility in Northeast Washington, D.C. gressional Budget Act, I hereby revise or worrisome behavior or talk by other where he supervised bar coding ma- the 2002 budget aggregates included in students to a teacher or counselor. chines that handled government mail. the concurrent budget resolution in the There are also recommendations for Mr. Curseen was dedicated to his com- following amounts. students to manage their anger effec- munity and served as president of the I ask to print tables 1 and 2 in the tively and to refuse to bring a weapon homeowners’ association. He helped in- RECORD, which reflect the changes to school, refuse to carry a weapon for stitute a neighborhood watch and, al- made to the committee’s allocation another, and refuse to keep silent though he did not have children of his and to the budget aggregates. about those who carry weapons. The own, he helped build the neighborhood There being no objection, the mate- complete list can be found on the NCPC playground. Shortly before his death, rial was ordered to be printed in the website at http://www.ncpc.org/ Mr. Curseen, concerned about speeding RECORD, as follows: 2schvio2.htm. Every student should traffic, went door to door to urge his read this list and consider involvement neighbors to sign a petition to install TABLE 1.—REVISED ALLOCATION FOR APPROPRIATIONS in the safety and security of his or her speed bumps in their neighborhood. COMMITTEE, 2002 own school. One of his neighbors has pledged to [In millions of dollars] f carry on Mr. Curseen’s petition drive for the speed bumps. Budget LOCAL LAW ENFORCEMENT ACT authority Outlays A religious man, who led a bible OF 2001 study group at work and was often the Current Allocation: General Purpose Discretionary ...... 547,944 537,907 Mr. SMITH of Oregon. Madam Presi- first one at church on Saturdays, Mr. Highways ...... 0 28,489 dent, I rise today to speak about hate Curseen never forgot the Washington, Mass Transit ...... 0 5,275 Conservation ...... 1,760 1,232 crimes legislation I introduced with D.C. neighborhood where he was raised Mandatory ...... 358,567 350,837 Senator KENNEDY in March of this and often returned to visit his old Total ...... 908,271 923,740 year. The Local Law Enforcement Act church and school. The Reverend Low- of 2001 would add new categories to ell Chase of Our Lady of Perpetual Help Adjustments: General Purpose Discretionary ...... 1,500 0 current hate crimes legislation sending church in Washington said of Mr. Highways ...... 0 0 a signal that violence of any kind is Curseen, He was just a good and honor- Mass Transit ...... 0 0 Conservation ...... 0 0 unacceptable in our society. able man who did his duty in a very Mandatory ...... 0 0 I would like to describe a terrible simple and responsible way. crime that occurred February 9, 1993, Total ...... 1,500 0 The account of Mr. Curseen’s illness in Hartford, CT. Johny Pittman, 29, and sudden death is tragic. On a Tues- Revised Allocation: and John L. Pittman, 21, allegedly day, he started feeling ill, but assumed General Purpose Discretionary ...... 549,444 537,907 Highways ...... 0 28,489 robbed, abducted, and sexually as- it was just a cold. Despite his wors- Mass Transit ...... 0 5,275 saulted a gay man. The assailants al- ening pain in the following days, he in- Conservation ...... 1,760 1,232 Mandatory ...... 358,567 350,837 legedly asked the victim if he was gay sisted on going to work, and was upset before assaulting him. They were on Friday when he had to leave work Total ...... 909,771 923,740 charged with a hate crime and four early because he was so ill. other offenses related to the incident. Mr. Curseen did not suspect that his TABLE 2.—REVISED BUDGET AGGREGATES, 2002 I believe that government’s first duty illness might be something more dan- [In millions of dollars] is to defend its citizens, to defend them gerous than a cold. He was not worried Budget against the harms that come out of that he might have contracted an- authority Outlays Surplus hate. The Local Law Enforcement En- thrax, according to his wife Celestine, Current allocation: Budget hancement Act of 2001 is now a symbol because the Postmaster-General had Resolution ...... 1,516,219 1,481,928 186,737 that can become substance. I believe told the workers that there was little

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 21926 CONGRESSIONAL RECORD—SENATE November 7, 2001 risk of infection from sealed envelopes ADDITIONAL STATEMENTS Trademark Office for fiscal year 2002, and for at mail sorting facilities. Still, Mr. other purposes. Curseen took some precautions and The message also announced that the purchased rubber gloves and shared RECOGNIZING THE CONTRIBU- House insists upon its amendment to them with seven co-workers. TIONS OF THE EMPLOYEES OF the bill (S. 1447) to improve aviation se- DELL COMPUTER CORPORATION curity, and for other purposes, and asks In church that Saturday, he fainted. ∑ Mr. GRAMM. Mr. President, I am a conference with the Senate on the The medics who came to revive him sure many Americans know of the Dell disagreeing votes of the two Houses asked if he wanted to go the hospital. Computer Corporation because they thereon; and appoints for consideration Replying that it would not be nec- use a Dell at work or at home. How- of the Senate bill and the House essary, Mr. Curseen went to work in- ever, I would like to recognize Dell for amendment, and modifications com- stead. At work, he felt worse and de- the outstanding contribution the com- mitted to conference: Mr. YOUNG of cided to go to the hospital. There, he pany’s employees made in helping Alaska, Mr. PETRI, Mr. DUNCAN, Mr. was treated for flu-like symptoms and America respond to the terrorist at- MICA, Mr. EHLERS, Mr. OBERSTAR, Mr. released only to faint again on Sunday, tacks of September 11. LIPINSKI, and Mr. DEFAZIO, as man- this time at home. His family rushed On the day after the attacks, Dell agers of the conference on the part of him to the hospital where he died six technicians were helping Department the House. The message further announced that hours later. of Defense employees displaced from the House agrees to amendments of the the Pentagon to set up computers in His sister, Joan Jackson, has re- Senate to the bill (H.R. 768) to amend temporary offices. Dell employees also marked, the Improving America’s Schools Act worked diligently to prioritize and fa- of 1994 to make permanent the favor- And I just feel that my brother did not die cilitate orders critical to the rebuild- able treatment of need-based edu- in vain; that he is an example, he is a saint, ing effort, intelligence gathering, and cational aid under the antitrust laws. he’s a martyr for this country. He’s every our Nation’s military offensive. Ship- man, and . . . He’s an example to us of how ments for financial services firms were At 2:30 p.m., a message from the this affects home, how it affects us in all of also pushed to the head of the assembly House of Representatives, delivered by our lifestyles. line so they had needed computers to Mr. Hayes, one of its reading clerks, Thomas Morris, Jr., 55, fondly called reopen for business when Wall Street announced that the House disagrees to ‘‘Moe’’ by those who knew him, had 32 and the financial markets resumed the amendment of the Senate to the years of service with the Postal Serv- trading. On a personal level, Dell and bill (H.R. 2506) making appropriations ice. His strong work ethic—he often its employees contributed more than for foreign operations, export financ- worked overtime on the night shift— $3.4 million to the rebuilding and re- ing, and related programs for the fiscal covery effort, including equipment to year ending September 30, 2002, and for was well known. He had a passion for the American Red Cross to help serve other purposes, and agrees to the con- bowling and served as president of the the families directly affected by those ference asked by the Senate on the dis- ‘‘Tuesday Morning Mixed League’’ at terrible attacks. agreeing votes of the two Houses there- the Parkland Bowl in Silver Hill, I am grateful for the hard work and on; and appoints as the managers of Maryland. Mr. Morris was dedicated to generosity of the people at Dell, and I the conference on the part of the his family. He leaves behind his wife, am proud of their efforts in the dif- House: Mr. KOLBE, Mr. CALLAHAN, Mr. Mary, a son, two stepchildren and ficult and challenging time.∑ KNOLLENBERG, Mr. KINGSTON, Mr. three grandchildren. f LEWIS of California, Mr. WICKER, Mr. Mr. Morris was an intensely private BONILLA, Mr. SUNUNU, Mr. YOUNG of MESSAGES FROM THE PRESIDENT man and, in keeping with this, his fam- Florida, Mrs. LOWEY, Ms. PELOSI, Mr. ily requested that people who knew Messages from the President of the JACKSON of Illinois, Ms. KILPATARICK, him not share their memories of him United States were communicated to Mr. ROTHMAN, and Mr. OBEY. The message also announced that the with the media. the Senate by Ms. Evans, one of his secretaries. House has passed the following bills, in Washington Mayor Anthony Wil- f which it requests the concurrence of liams, who attended Morris’ funeral, the Senate: said of him, ‘‘He was a man who EXECUTIVE MESSAGES REFERRED H.R. 852. An act to designate the Federal worked in the Post Office, a God-fear- As in executive session the Presiding building and United States courthouse to be ing man, a diligent man trying to sup- Officer laid before the Senate messages constructed at 10 East Commerce Street in port his family.’’ from the President of the United Youngstown, Ohio, as the ‘‘Nathaniel R. Jones and Frank J. Battisti Federal Building Our nation’s postal employees are States submitting sundry nominations and United States Courthouse.’’ mothers and fathers, grandparents, and a withdrawal which were referred H.R. 2998. An act to authorize the estab- sons and daughters and neighbors who, to the appropriate committees. lishment of Radio Free Afghanistan. H.R. 3167. An act to endorse the vision of just like other Americans, go to work (The nominations received today are printed at the end of the Senate pro- further enlargement of the NATO Alliance and earn a living. Unlike our men and ceedings.) articulated by President George W. Bush on women in uniform overseas, they did June 15, 2001, and by former President Wil- f not sign up for this new battle. How- liam J. Clinton on October 22, 1996, and for ever, like their own predecessors in MESSAGES FROM THE HOUSE other purposes. The message further announced that years gone by, they are serving our At 10:28 a.m., a message from the country with courage and distinction. the House has agreed to the following House of Representatives, delivered by concurrent resolution, in which it re- Mr. Curseen and Mr. Morris, two men Ms. Niland, one of its reading clerks, quests the concurrence of the Senate: announced that the House has passed who were dedicated to their jobs and H. Con. Res. 262. Concurrent resolution ex- never sidestepped their responsibilities the following bills, in which it requests pressing the sense of Congress that the even when there were risks, have in- the concurrence of the Senate: President, at the WTO round of negotiations spired us all to live up to our respon- H.R. 1408. An act to safeguard the public to be held at Doha, Qatar, from November 9– sibilities and face with determination from fraud in the financial services industry, 13, 2001, and at any subsequent round of ne- and courage the obstacles that are to streamline and facilitate the antifraud in- gotiations, should preserve the ability of the formation-sharing efforts of Federal and United States to enforce rigorously its trade placed before us. Their lives have be- State regulators, and for other purposes. laws and should ensure that United States come an inextricable part of our na- H.R. 2047. An act to authorize appropria- exports are not subject to the abusive use of tion’s history and their spirits live on. tions for the United States Patent and trade laws by other countries.

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21927 MEASURES REFERRED other purposes; to the Committee on Vet- sions relating to wildlife conservation erans’ Affairs. The following bills were read the first and restoration programs, and for By Mr. HELMS: other purposes. and the second times by unanimous S. 1645. A bill to provide for the promotion consent, and referred as indicated: of democracy and rule of law in Belarus and S. 1084 H.R. 852. An act to designate the Federal for the protection of Belarus’ sovereignty At the request of Mr. CHAFEE, his building and United States courthouse to be and independence; to the Committee on For- name was added as a cosponsor of S. constructed at 10 East Commerce Street in eign Relations. 1084, a bill to prohibit the importation Youngstown, Ohio, as the ‘‘Nathaniel R. By Mr. BINGAMAN (for himself and into the United States of diamonds un- Jones and Frank J. Battisti Federal Building Mr. DOMENICI): less the countries exporting the dia- and United States Courthouse’’; to the Com- S. 1646. A bill to identify certain routes in monds have in place a system of con- mittee on Environment and Public Works. the States of Texas, Oklahoma, Colorado, H.R. 1408. An act to safeguard the public and New Mexico as part of the Ports-to- trols on rough diamonds, and for other from fraud in the financial services industry, Plains Corridor, a high priority corridor on purposes. to streamline and facilitate the antifraud in- the National Highway System; to the Com- S. 1179 formation-sharing efforts of Federal and mittee on Environment and Public Works. At the request of Mr. JOHNSON, the State regulators, and for other purposes; to By Mrs. LINCOLN: name of the Senator from Utah (Mr. the Committee on Banking, Housing, and S. 1647. A bill to amend title XVI of the So- HATCH) was added as a cosponsor of S. Urban Affairs. cial Security Act to include any veterans’ or H.R. 2047. An act to authorize appropria- survivors’ compensation or pension in the 1179, a bill to amend the Richard B. tions for the United States Patent and determination of the yearly income dis- Russell National School Lunch Act to Trademark Office for fiscal year 2002, and for regard for purposes of the supplemental secu- ensure an adequate level of commodity other purposes; to the Committee on the Ju- rity income program; to the Committee on purchases under the school lunch pro- diciary. Finance. gram. H.R. 2998. An act to authorize the estab- By Mrs. LINCOLN: S. 1324 lishment of Radio Free Afghanistan; to the S. 1648. A bill to amend title 38, United Committee on Foreign Relations. States Code, to provide an increase in the At the request of Mr. LIEBERMAN, the H.R. 3167. An act to endorse the vision of maximum annual rates of pension payable to name of the Senator from Massachu- further enlargement of the NATO Alliance surviving spouses of veterans of a period of setts (Mr. KERRY) was added as a co- articulated by President George W. Bush on war, and for other purposes; to the Com- sponsor of S. 1324, a bill to provide re- June 15, 2001, and by former President Wil- mittee on Veterans’ Affairs. lief from the alternative minimum tax liam J. Clinton on October 22, 1996, and for By Ms. CANTWELL (for herself and with respect to incentive stock options other purposes; to the Committee on Foreign Mrs. MURRAY): exercised during 2000. Relations. S. 1649. A bill to amend the Omnibus Parks S. 1377 The following concurrent resolution and Public Lands Management Act of 1996 to was read, and referred as indicated: increase the authorization of appropriations At the request of Mr. SMITH of Or- for the Vancouver National Historic Reserve egon, the name of the Senator from H. Con. Res. 262. Concurrent resolution ex- and for the preservation of Vancouver Bar- pressing the sense of Congress that the Kansas (Mr. BROWNBACK) was added as racks; to the Committee on Energy and Nat- President, at the WTO round of negotiations a cosponsor of S. 1377, a bill to require ural Resources. to be held at Doha, Qatar, from November 9– the Attorney General to establish an By Mr. CLELAND: 13, 2001, and at any subsequent round of ne- office in the Department of Justice to S. 1650. A bill to amend the Public Health gotiations, should preserve the ability of the monitor acts of inter-national ter- Service Act to change provisions regarding United States to enforce rigorously its trade emergencies; to the Committee on Health, rorism alleged to have been committed laws and should ensure that United States Education, Labor, and Pensions. by Palestinian individuals or individ- exports are not subject to the abusive use of By Mr. DORGAN (for himself, Mr. uals acting on behalf of Palestinian or- trade laws by other countries; to the Com- BROWNBACK, and Mr. CONRAD): mittee on Finance. ganizations and to carry out certain S. 1651. A bill to establish the United other related activities. f States Consensus Council to provide for a S. 1409 REPORTS OF COMMITTEES consensus building process in addressing na- tional public policy issues, and for other pur- At the request of Mr. SANTORUM, his The following reports of committees poses; to the Committee on Governmental name was added as a cosponsor of S. were submitted: Affairs. 1409, a bill to impose sanctions against By Mr. BAUCUS, from the Committee on By Mr. SANTORUM (for himself and the PLO or the Palestinian Authority Finance, with an amendment in the nature Mr. MCCAIN): if the President determines that those of a substitute: S. 1652. A bill to amend the Agricultural entities have failed to substantially S. 942: A bill to authorize the supplemental Market Transition Act to convert the price comply with commitments made to the grant for population increases in certain support program for sugarcane and sugar State of Israel. states under the temporary assistance to beets into a system of solely recourse loans needy families program for fiscal year 2002. and to provide for the gradual elimination of S. 1522 (Rept. No. 107–94). the program; to the Committee on Agri- At the request of Mr. CONRAD, the f culture, Nutrition, and Forestry. name of the Senator from New Mexico f (Mr. BINGAMAN) was added as a cospon- INTRODUCTION OF BILLS AND sor of S. 1522, a bill to support commu- JOINT RESOLUTIONS ADDITIONAL COSPONSORS nity-based group homes for young The following bills and joint resolu- S. 730 mothers and their children. tions were introduced, read the first At the request of Mr. JOHNSON, the S. 1523 and second times by unanimous con- name of the Senator from South Da- At the request of Mrs. FEINSTEIN, the sent, and referred as indicated: kota (Mr. DASCHLE) was added as a co- name of the Senator from Maine (Ms. By Mrs. MURRAY (for herself, Ms. sponsor of S. 730, a bill to amend title COLLINS) was added as a cosponsor of S. SNOWE, Mr. LIEBERMAN, Mr. XVIII of the Social Security Act to 1523, a bill to amend title II of the So- SANTORUM, Mr. DORGAN, Mr. THUR- provide for the fair treatment of cer- cial Security Act to repeal the Govern- MOND, Mr. DURBIN, Mr. CRAIG, Mr. CLELAND, Mr. BOND, and Mrs. FEIN- tain physician pathology services ment pension offset and windfall elimi- STEIN): under the medicare program. nation provisions. S. 1643. A bill to provide Federal reim- S. 990 S. 1548 bursement to State and local governments At the request of Mr. SMITH of New At the request of Mrs. CARNAHAN, the for a limited sales, use and retailers’ occupa- Hampshire, the name of the Senator name of the Senator from Maryland tion tax holiday; to the Committee on Fi- nance. from Connecticut (Mr. LIEBERMAN) was (Ms. MIKULSKI) was added as a cospon- By Mr. CAMPBELL: added as a cosponsor of S. 990, a bill to sor of S. 1548, a bill to allow the Direc- S. 1644. A bill to further the protection and amend the Pittman-Robertson Wildlife tor of the Centers for Disease Control recognition of veterans’ memorials, and for Restoration Act to improve the provi- and Prevention to award a grant to

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 21928 CONGRESSIONAL RECORD—SENATE November 7, 2001 create and maintain a website with in- STATEMENTS ON INTRODUCED It is all so easy. You do not have to formation regarding bioterrorism. BILLS AND JOINT RESOLUTIONS wait for a check. You do not have to fit into a certain income tax bracket. You S. 1552 By Mrs. MURRAY (for herself, buy what you need, you put someone to At the request of Mr. HARKIN, the Ms. SNOWE, Mr. LIEBERMAN, Mr. SANTORUM, Mr. DORGAN, Mr. work, you give our country a boost, name of the Senator from Arkansas and you save money. THURMOND, Mr. DURBIN, Mr. (Mrs. LINCOLN) was added as a cospon- Seven States, plus the District of Co- CRAIG, Mr. CLELAND, Mr. BOND, sor of S. 1552, a bill to provide for lumbia, have used these sales tax holi- and Mrs. FEINSTEIN): grants through the Small Business Ad- days, and they have had great results. ministration for losses suffered by gen- S. 1643. A bill to provide Federal re- imbursement to State and local gov- Under our approach, the Federal Gov- eral aviation small business concerns ernment will reimburse States for the as a result of the terrorist attacks of ernments for a limited sales, use and retailers’ occupation tax holiday; to lost sales tax revenue. Right now we September 11, 2001. estimate the cost to be about $6.5 bil- the Committee on Finance. S. 1570 Mrs. MURRAY. Madam President, I lion, depending on how many States rise today along with my colleagues, participate and how strongly con- At the request of Ms. COLLINS, the sumers respond. Senator SNOWE, Senator LIEBERMAN, names of the Senator from Arkansas Under our plan, every penny of the Senator SANTORUM, Senator DORGAN, (Mr. HUTCHINSON), the Senator from $6.5 billion will go directly into the Senator THURMOND, Senator DURBIN, Ohio (Mr. DEWINE), the Senator from economy. Connecticut (Mr. LIEBERMAN), the Sen- Senator CRAIG, Senator CLELAND, Sen- In the coming weeks, the Senate will ator from Minnesota (Mr. DAYTON), the ator BOND, and Senator FEINSTEIN, to debate legislation to stimulate the Senator from Maryland (Ms. MIKUL- introduce the Sales Tax Holiday Act of American economy and to help workers SKI), the Senator from North Dakota 2001. who have lost their jobs as a result of (Mr. CONRAD), and the Senator from Our economy needs a shot in the the economic downturn. The final prod- Vermont (Mr. JEFFORDS) were added as arm. The GDP is declining, consumer uct needs to stimulate additional eco- cosponsors of S. 1570, a bill to provide confidence is at a 7-year low, and con- nomic activity. It needs to boost con- the Secretary of Education with spe- sumer spending has slowed to its low- sumer confidence and spending. It cific waiver authority to respond to est level in 8 years. But consumer needs to encourage business invest- conditions in the national emergency spending is just what we need to get ment and job creation. It needs to ad- declared by the President on Sep- our economy going again. In fact, two- dress the needs of workers and their tember 14, 2001. thirds of our economy depends on con- families who have lost their jobs. It sumer spending. S. 1578 must maintain a commitment to fiscal Today, we are proposing an innova- discipline and the long-term economic At the request of Mr. NELSON of Flor- tive way to get Americans back into health of this Nation. And it should ida, his name was added as a cosponsor stores and to get our economy back on help return the country to a sense of of S. 1578, a bill to preserve the contin- its feet. What we are proposing is a na- normalcy. ued viability of the United States trav- tional sales tax holiday, a 10-day period I believe the legislation I am intro- el industry. where every American can shop with- ducing today with Senator SNOWE can out having to pay a State sales tax. S. 1615 be an important part of a balanced eco- The national sales tax holiday will nomic stimulus package. At the request of Mr. SCHUMER, the save one money on everything from First, our proposal will stimulate name of the Senator from Illinois (Mr. cars and computers to books and baby economic activity and consumer con- DURBIN) was added as a cosponsor of S. clothes. It will boost retail sales and fidence. States and businesses that 1615, a bill to provide for the sharing of consumer confidence, and it will help have participated in sales tax holidays certain foreign intelligence informa- everyone in the retail chain, from as- reported an increase in sales during tion with local law enforcement per- sembly line workers and truck drivers their sales tax holiday. Most impor- sonnel, and for other purposes. to shelf stockers and sales people. tantly, businesses have found that con- S. 1627 This national sales tax holiday we sumers do not just shift their spending are proposing is immediate. Every At the request of Mrs. FEINSTEIN, the to the holiday period, but these holi- American can take advantage of it. It name of the Senator from Texas (Mrs. days create new spending that would will not break the bank, and it will di- HUTCHISON) was added as a cosponsor of not have otherwise occurred. rectly stimulate our economy by boost- S. 1627, a bill to enhance the security of Second, our proposal will stimulate ing sales and supporting retail, trans- the international borders of the United business investment and job creation. portation, and manufacturing jobs States. Retail businesses will need to boost in- throughout our entire country. ventories to prepare for larger crowds. S. 1630 Many businesses rely on the holiday That is good news for manufacturers, At the request of Mrs. CARNAHAN, the season to make it through the year, distributors, and other businesses that name of the Senator from Wisconsin and many workers count on those re- help meet consumer demand for all (Mr. KOHL) was added as a cosponsor of tail jobs before the holidays. Our bill kinds of products. S. 1630, a bill to extend for 6 additional will help both. Even before September Third, it benefits all Americans. Low, months the period for which chapter 12 11, this was shaping up to be a very dif- middle, and upper income people all of title 11, United States Code, is reen- ficult time for retail businesses and the pay sales taxes on the products they acted. thousands of workers they employ. buy, and since the sales tax is the most This sales tax holiday will give our regressive kind of tax, lower income AMENDMENT NO. 2107 economy a shot in the arm and will consumers will benefit the most. At the request of Mr. ALLEN, the give families a break when they need it Our proposal is fiscally responsible. name of the Senator from Oklahoma the most. This tax holiday will last for no more (Mr. NICKLES) was added as a cosponsor Our bill sets the date of the tax holi- than 10 days in any State and, there- of amendment No. 2107 proposed to day from November 23 to December 2. fore, there are no exploding costs in H.R. 2944, a bill making appropriations That is the traditional start of the hol- the long term. for the government of the District of iday shopping season. Many Americans Our proposal does not negatively af- Columbia and other activities charge- are looking for ways to support our fect State and local budgets. Here, in able in whole or in part against the country. With the sales tax holiday, we fact, is how the States will get reim- revenues of said District for the fiscal can help jump-start our economy by bursed: Every State that participates year ending September 30, 2002, and for buying things for school, for work, or in the holiday will receive a quick pay- other purposes. for home. ment of their estimated lost revenue.

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21929 Before the tax holiday, a State can de- the price of goods to consumers, which can such an election and the additional informa- cide if it wants to be reimbursed for be done most effectively by removing sales tion (if any) that will be required as an ad- the exact amount of its loss. Then after taxes imposed on those goods. dendum to the standard reports required of the tax holiday, those States would go (4) A 10-day sales tax holiday, prior to the such retail sellers with respect to the report- 2001 Holiday season, would encourage Ameri- ing periods including the sales tax holiday through a reconciliation process with cans to make immediate purchases and help period, the Federal Government. to counteract the decline in consumer con- (C) the chief executive officer reports to We need a sales tax holiday. The eco- fidence Americans have experienced since the Secretary and the Director of Manage- nomic slowdown and other factors are September 11, 2001. The direct boost to con- ment and Budget, not later than January 31, having a tremendous impact on the sumption resulting from a sales tax holiday 2002, the amount determined under sub- ability of State and local governments would enhance the benefits of individual tax section (b)(2) in a manner specified by the to provide critical services and to help cuts provided by any Federal tax stimulus Secretary, working families who have been hurt legislation. (D) if amount determined under subsection by higher unemployment. That is why (5) A State and local sales tax holiday (b)(1)(A) and paid to such State exceeds the would allow all taxpayers to benefit, espe- amount determined under subsection I have worked very hard to make sure cially lower-income Americans who spend a (b)(2)(A), the chief executive officer agrees to that the Federal Government will fully larger portion of their income. remit to the Secretary such excess not later compensate the States that take ad- (6) To encourage a State and local sales tax than February 20, 2002, and vantage of this holiday. In addition, holiday, the Federal Government should en- (E) the chief executive officer of the State our plan is optional so States can sure that each participating State and local certifies that such State— choose to opt in if they want to stimu- government receives fast and fair reimburse- (i) in the case of any retail seller unable to late their own economy. ment for lost sales tax revenue. identify and report sales which would other- Even without Federal incentives, (7) Florida, Texas, Pennsylvania, South wise be taxable during the sales tax holiday Carolina, Iowa, Connecticut, Maryland, Ohio, period, shall treat the reporting by such sell- seven States and the District of Colum- North Carolina, and the District of Columbia er of sales revenue during such period, multi- bia have already used sales tax holi- currently provide consumers with similar plied by the ratio of taxable sales to total days to help working families buy temporary sales tax holidays. Consumer re- sales for the same period in 2000 as the sales school clothes, computers, and to stim- sponse to these holidays has been extraor- tax holiday period, as a good faith effort to ulate economic activity. dinary, with retailers reporting greatly in- comply with the requirements under sub- This will help return this country to creased foot traffic in stores as well as an in- paragraph (B), and a sense of normalcy. Our Nation, and crease in incremental retail sales. (ii) shall not treat any such retail seller of each of our lives, have been changed SEC. 3. STATE AND LOCAL SALES TAX RELIEF tangible property who has made such a good forever by the events of September 11. FOR CONSUMERS. faith effort liable for any error made as a re- (a) IN GENERAL.—The Secretary shall reim- sult of such effort to comply unless it is We can never go back to September 10. burse each State for the amount of State and shown that the retailer acted recklessly or Those events reminded us how fragile local sales tax payable and not collected dur- fraudulently, life is. They reminded us of everything ing the sales tax holiday period. (3) in the case of any home rule State, the for which we have to be thankful—our (b) DETERMINATION AND TIMING OF REIM- chief executive officer of such State certifies family, our friends, our faith, our com- BURSEMENT.— that all local governments that impose sales munities, and our democracy. But as (1) PREDETERMINED AMOUNT.—Not later taxes in such State agree to provide a sales we celebrate these important things than December 20, 2001, the Secretary shall tax holiday during the sales tax holiday pe- during the upcoming holiday season, I pay to each State an amount equal to the riod, sum of— (4) the chief executive officer of the State believe it is important that we not feel (A)(i) the amount of State and local sales agrees to pay each local government’s share guilty about getting back to business tax payable and collected in such State dur- of the reimbursement (as determined under and to our daily lives. ing the same period in 2000 as the sales tax subsection (d)) not later than 20 days after President Bush has urged all of us in holiday period, times receipt of such reimbursement, and the wake of the September 11 attacks (ii) an acceleration factor equal to 1.73, (5) in the case of not more than 20 percent to return to our daily lives and get plus of the States which elect to receive the reim- back to business. I believe this legisla- (B) an amount equal to 1 percent of the bursement of a reconciliation amount under tion will help us get the Nation back to amount determined under subparagraph (A) subsection (b)(2), the Director of Manage- business. It is fair, it is responsible, it for State administrative costs. ment and Budget certifies the amount of the (2) RECONCILIATION AMOUNT.—Not later reimbursement required under subsection will help families, and it will stimulate than February 20, 2002, the Secretary shall (b)(2) based on the reports by the chief execu- our economy. pay to each electing State under subsection tive officers of such States under paragraph I urge my colleagues to support in- (c)(2) an amount equal to the excess (if any) (2)(C). cluding it in the economic stimulus of— (d) DETERMINATION OF REIMBURSEMENT OF (A) the amount of State and local sales tax package. LOCAL SALES TAXES.—For purposes of sub- I ask unanimous consent that the bill payable and not collected in such State dur- section (c)(4), a local government’s share of ing the sales tax holiday period, over be printed in the RECORD. the reimbursement to a State under this sec- (B) the amount determined under para- There being no objection, the bill was tion shall be based on the ratio of the local graph (1)(A) and paid to such State. ordered to be printed in the RECORD, as sales tax to the State sales tax for such (c) REQUIREMENT FOR REIMBURSEMENT.— follows: State for the same time period taken into The Secretary may not pay a reimbursement account in determining such reimbursement, S. 1643 under this section unless— Be it enacted by the Senate and House of Rep- (1) the chief executive officer of the State based on data published by the Bureau of the resentatives of the United States of America in informs the Secretary, not later than No- Census. Congress assembled, vember 15, 2001, of the intention of the State (e) DEFINITIONS.—For purposes of this sec- SECTION 1. SHORT TITLE. to qualify for such reimbursement by not tion— This Act may be cited as the ‘‘Sales Tax collecting sales tax payable during the sales (1) HOME RULE STATE.—The term ‘‘home Holiday Act of 2001’’. tax holiday period, rule State’’ means a State that does not con- SEC. 2. FINDINGS. (2) in the case of a State which elects to re- trol imposition and administration of local Congress finds the following: ceive the reimbursement of a reconciliation taxes. (1) Consumer confidence and spending is amount under subsection (b)(2)— (2) LOCAL.—The term ‘‘local’’ means a city, critical to a healthy United States economy. (A) the chief executive officer of the State county, or other subordinate revenue or tax- (2) In order to prevent a further decline in informs the Secretary and the Director of ing authority within a State. consumer spending, which fell 1.8 percent in Management and Budget and the retail sell- (3) SALES TAX.—The term ‘‘sales tax’’ September 2001, and consumer confidence, ers of tangible property in such State, not means— which is at its lowest level since February later than November 15, 2001, of the intention (A) a tax imposed on or measured by gen- 1994, the Federal Government needs to pro- of the State to make such an election, eral retail sales of taxable tangible property, vide an immediate and targeted tax incen- (B) the chief executive officer of the State or services performed incidental to the sale tive to encourage consumer spending. informs the retail sellers of tangible prop- of taxable tangible property, that is— (3) The most immediate and targeted in- erty in such State, not later than November (i) calculated as a percentage of the price, centive for consumption would be to reduce 15, 2001, of the intention of the State to make gross receipts, or gross proceeds, and

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 21930 CONGRESSIONAL RECORD—SENATE November 7, 2001 (ii) can or is required to be directly col- ing 0.4 percent in the third quarter—a key criteria for stimulus proposals: lected by retail sellers from purchasers of one-third decline in spending this sea- they should take effect quickly, pro- such property, son could be detrimental. mote new spending or investment that (B) a use tax, or Clearly, we need to take action to re- otherwise would not occur, and do no (C) the Illinois Retailers’ Occupation Tax, as defined under the law of the State of Illi- store this confidence in the economy, long-term damage.’’ nois, and tell consumers that ‘‘Help is on the Our plan fits the bill and makes per- but excludes any tax payable with respect to way.’’ As Lynn Franco, director of The fect sense—and will pay off for con- food and beverages sold for immediate con- Conference Board Consumer Research sumers with more dollars and cents in sumption on the premises, beverages con- Center said recently, ‘‘Widespread lay- their pockets. What better signal of taining alcohol, and tobacco products. offs and rising unemployment do not holiday cheer and confidence than to (4) SALES TAX HOLIDAY PERIOD.—The term signal a rebound in confidence anytime include a savings on every purchase, ‘‘sales tax holiday period’’ means the period soon. With the holiday season quickly enticing consumers back into the beginning after November 22, 2001, and end- stores and giving a much-needed boost ing before December 3, 2001. approaching, there is little positive stimuli on the horizon.’’ to our economy? (5) SECRETARY.—The term ‘‘Secretary’’ As we approach this holiday season, means the Secretary of the Treasury. Indeed, the signs are ominous. Ac- (6) STATE.—The term ‘‘State’’ means any of cording to the National Governors As- rather than being ‘‘a day late and a the several States, the District of Columbia, sociation, dollar Christmas sales may dollar short’’ in helping consumers and or the Commonwealth of Puerto Rico. actually fall below last year—which stimulating the economy, we should (7) USE TAX.—The term ‘‘use tax’’ means a would be the first decline since Christ- pass this legislation and give America tax imposed on the storage, use, or other mas of 1953, in the wake of the Korean the gift of an immediate boost to our consumption of tangible property that is not War. economic strength and well-being. subject to sales tax. Our Sales Tax Holiday Act of 2001 I thank the Chair. Ms. SNOWE. Madam President, I rise will provide that positive stimuli at a By Mr. CAMPBELL: today with Senator MURRAY and our critical time when consumers need the other colleagues to introduce the Sales S. 1644. A bill to further the protec- help most. Holiday sales make up one- tion and recognition of veterans’ me- Tax Holiday Act of 2001. fifth, 22.8 percent, of annual consumer Since last Wednesday, when Senators morials, and for other purposes; to the spending, so we will target our bill di- MURRAY, LIEBERMAN and I first pub- Committee on Veterans’ Affairs. rectly toward these sales. States that lically raised the idea of a national f opt to participate by rolling back their sales tax holiday, this exciting and in- sales tax will be ‘‘held harmless’’ for PROTECTING THE SITES HON- novative concept has truly taken root. their decisions, with reimbursement ORING THOSE WHO PROTECT US Indeed, the idea of a sales tax holiday made by the Federal Government for has been supported by economists and Mr. CAMPBELL. Madam President, editorial writers alike and from all lost sales tax revenue. This revenue today, 4 days before Veterans Day, I in- across the political spectrum—from will be replaced on a timely basis so troduce legislation that would recog- Alan Blinder, former Vice Chairman of that States’ cash flows are not af- nize and protect the sanctity of vet- the Federal Reserve Bank to Grover fected, with States opting to be reim- erans’ memorials. Currently, there is Norquist, President of Americans for bursed for lost revenue based on a for- no comprehensive Federal law to pro- Tax Reform. So we are talking about a mula which is based on historical De- tect veterans’ memorials, which is why bipartisan bill with support as wide as cember sales tax revenue, or opting to I am introducing the Veterans’ Memo- it is deep. receive dollar for dollar reimbursement rial Preservation and Recognition Act And one thing everyone agrees on is based on actual sales. States will have of 2001. that our National Sales Tax Holiday to choose which method of reimburse- My bill would prohibit the desecra- legislation offers the ultimate eco- ment they would like to receive prior tion of veterans’ memorials, provide nomic stimulus, literally feeding Fed- to implementation of the sales tax hol- for repairs of veterans memorials and eral stimulus dollars directly into the iday. permit guide signs to veterans’ ceme- economy. We believe that this direct Forty-five States, and the District of teries on Federal-aid highways. approach is perhaps the most imme- Columbia will be eligible to participate Under this legislation, someone who diate, fair, and responsible approach in our plan, with an estimated overall willfully desecrates any type of monu- that will have the most stimulative ef- economic impact of about $6.5 billion ment commemorating those in the fect on the economy. for the 10-day sales tax holiday. Need- Armed Forces on public property would With December fast approaching, we less to say, no State would be required be fined or put in jail. The violator need to give a ‘‘shot in the arm’’ to our to take action, but we think they de- would be subject to a civil penalty in economy and help restore the con- serve to have the option. addition to the fine, equal to the cost fidence of consumers, because we have This is a proven approach that can of repairing the damage. seen a dramatic and negative reaction dramatically boost sales. When Mary- The funds generated by these pen- to the events of September 11. In fact, land and the District of Columbia tried alties would then go into a Veterans’ the Conference Board’s first report on sales tax holidays last August, for ex- Memorial Restoration Fund, estab- consumer confidence since the attacks ample, monthly sales jumped by 10 per- lished by the Secretary of Veterans’ showed the steepest two-month drop cent. One retailer even saw sales jump Affairs, to make those monies avail- since the 1980 recession—and con- 35 percent over the same period a year able for the repair of the damaged me- fidence has plummeted to the lowest ago. And the Wall Street Journal in morials. But the vandals won’t be the level in 7 years, since 1994, even as con- 1997 reported that a survey of 102 stores only ones contributing to the fund; in- sumer spending dropped 1.8 percent in in the New York City metropolitan dividuals and veterans’ organizations September, the first decline in 21⁄2 area averaged 125 percent increases in could also make donations and get a years and the biggest spending drop sales during the region’s January sales charitable contribution deduction. In since 1987. tax holiday on most clothing and foot- essence, this would be a new way to According to a survey released yes- wear. provide for the repair of veterans’ me- terday by the Credit Union National The fact is, this is an approach that morials without any new appropriation Association and the Consumer Federa- fulfills every one of the principles for a or providing other Federal funding. tion of America, almost one-third, 28 stimulus that the Centrist Coalition I The second part of this bill would percent, of those surveyed plan to cochair laid out earlier this month. permit states to place supplemental spend less this year than last. With the And as the Los Angeles Times reported guide signs for veterans’ cemeteries on economy already on the brink of a re- on October 12, ‘‘in the view of many Federal-aid highways. These veterans’ cession following the attacks—includ- economists—conservative as well as cemeteries deserve recognition; by al- ing economic growth actually declin- liberal—most plans fall short of the lowing signs to be posted, we pay our

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21931 respect to these sites by offering direc- have the support of several veterans’ Memorials to the men and women who tion to them. It is my goal to make organizations, who have offered words have served this Nation, in times of war and these important sites easily accessible. of encouragement for this bill. These in times of peace, are tokens of our gratitude Our veterans, living and lost, are a for their service, and their sacrifice. They Americans know, firsthand, the con- are tangible reminders of our past, and an in- reminder of our unity. Those who cept of service. Let’s honor what they spiration for our future. For this reason they served in our Armed Services are more and thousands of others have done to are well worth protecting and preserving. than just symbols of freedom and jus- preserve our freedom. This legislation addresses both of these tice in the midst of conflict and during Madam President, I thank the Chair goals. times of peace. and ask unanimous consent that let- Again, thank you for introducing the ‘‘Vet- They are real people, integral to our ters of support from the American Le- erans’ Memorial Preservation and Recogni- tion Act of 2001.’’ entire population, who enrich our day- gion, Rolling Thunder, Inc., and the Sincerely, to-day lives with their proud service, Paralyzed Veterans of America be RICHARD B. FULLER, with their personal accounts of war, printed in the RECORD. National Legislative Director. their organizations of service, and There being no objection, the letters their expressions of deep-down Amer- were ordered to be printed in the By Mr. HELMS: ican pride. Not only have we lost many RECORD, as follows: S. 1645. A bill to provide for the pro- motion of democracy and rule of law in of these brave men and women in con- THE AMERICAN LEGION, flict, but we lose thousands of them Washington, DC, November 6, 2001. Belarus and for the protection of forever each year as the veteran popu- Hon. BEN NIGHTHORSE CAMPBELL, Belarus’ sovereignty and independence; lation ages. We have to honor their U.S. Senate, Russell Senate Office Building, to the Committee on Foreign Rela- sacrifices by protecting the sites that Washington, DC. tions. recognize them. DEAR SENATOR CAMPBELL: On behalf of the Mr. HELMS. Madam President, on 2.9 million members of The American Le- top of the mayhem and slaughter in It is a shame that there is no com- gion, I would like to express full support for prehensive federal law to protect vet- New York and at the Pentagon in the Veterans’ Memorial Preservation and Washington last September, a travesty erans’ memorials. Recognition Act. We applaud your efforts to Sometimes they are the only tan- prohibit the desecration of veterans’ memo- against democracy occurred, again, in gible reminders we have of courageous rials, and to permit guide signs to veterans Belarus. Aleksandr Lukashenka, the service to this country. We can easily cemeteries on federal highways. dictator controlling this country, stole read about those brave Americans who The American Legion recognizes the need through intimidation and repression, served in war, but it’s not always easy to preserve the sanctity and solemnity of the presidential elections that took veterans’ memorials. These historic monu- to gather more than just hard facts place on September 9. ments serve not only to honor the men and Tragic as the events in our own coun- from newspapers or history books. women of the nation’s armed services, but to try were and as serious an undertaking Being in the presence of a statue or educate future generations of the sacrifices as the war against terrorism will con- memorial structure can evoke a deeper endured to preserve the freedoms and lib- tinue to be, we must not overlook the response. We can walk around it, some- erties enjoyed by all Americans. brutality and injustice of a regime times we can touch it, and oftentimes Once again, The American Legion fully such as the one led by Lukashenka, es- we can see the names of each brave supports the Veterans’ Memorial Preserva- pecially in the heart of Europe. American who died in conflict. tion and Recognition Act. We appreciate your continued leadership in addressing the For this reason, I am introducing Madam President, the timing of this issues that are important to veterans and today the Belarus Democracy Act of bill is appropriate. This Sunday, No- their families. 2001, the purpose of which is to support vember 11, we will recognize Veterans’ Sincerely, the people in Belarus who are strug- Day, which informally began as a se- STEVE A. ROBERTSON, gling, often at great peril to their lives, ries of memorial gestures to celebrate Director, National to revive democracy, and to reconsoli- Legislative Commission. the end of World War I in 1918. Three date their country’s declining inde- years later, on the eleventh hour of the ROLLING THUNDER, INC., pendence and sovereignty. eleventh day of the eleventh month, an Democracy has been crushed in unknown American soldier of the war Neshanic Station, NJ, November 5, 2001. Senator BEN ‘‘NIGHTHORSE’’ CAMPBELL, Belarus by a fanatical dictatorship was buried on a hillside in Arlington Russell Senate Office Building, that can only be described as a brutal Cemetery, overlooking the Potomac Washington, DC. throwback to the Soviet era. Aleksandr River. This site became a summit of HONORABLE BEN CAMPBELL: I am sending Lukashenka is an authoritarian ob- veneration for Americans everywhere. this letter in support of Bill, ‘‘Veterans Me- sessed with recreating the former So- Similarly, at Westminster Abbey in morial Preservation and Recognition Act of viet Union, which he believes he will England and the Arc de Triomphe in 2001. ultimately lead. Because of France, an unknown soldier was buried Rolling Thunder National and our mem- bers are in full support of this bill. Those Lukashenka, Belarus has emerged as a in each of these places of highest who destroy and deface any Veterans Memo- dark island of repression, censorship, honor. rial should be punished and made to pay full and command economy in a region of These three memorial sites are sym- restitution for the damages they have consolidating democracies. bols of our reverence; it is only appro- caused. Many Americans have fought and Belarus has tragically become the priate that we do everything we can to died for the freedom of all Americans and Cuba of Europe. Nonetheless, the peo- preserve sites like these across Amer- their Memorials should be honored and re- ple of Belarus have not succumbed to ica. spected by all. Lukashenka. Independent newspapers There are hundreds of veterans’ me- I thank you for your help and support to struggle to publish. The leadership of morials, on public property, here in the all American Veterans. Sincerely, the parliament he unconstitutionally United States. From nationally-known SGT., ARTIE MULLER, dismissed refuses to concede legit- places such as Iwo Jima, to smaller National President. imacy to his sham regime. Scores of sites such as the Colorado Veterans’ non-governmental organizations fight Memorial across from the capitol in PARALYZED VETERANS OF AMERICA, to promote the rule of law and to pro- Denver, each is a site where we go to Washington, DC, November 5, 2001. tect fundamental human rights. The heal and to remember. As a veteran Hon. BEN NIGHTHORSE CAMPBELL, vibrancy of Belarus’s struggling civil myself, I am committed to seeing that U.S. Senate, society has been made evident by the not a single one is stripped of its dig- Washington, DC. ‘‘Freedom Marches’’ that have at- DEAR SENATOR CAMPBELL: On behalf of the nity. Paralyzed Veterans of America (PVA) I am tracted literally tens of thousands of I encourage my colleagues to work writing to offer our support for the ‘‘Vet- Belarusians to the streets of Minsk and together for swift consideration of this erans’ Memorial Preservation and Recogni- countless other anti-Lukashenka dem- timely and important legislation. I tion Act of 2001.’’ onstrations elsewhere in Belarus.

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 21932 CONGRESSIONAL RECORD—SENATE November 7, 2001 Their agenda is the promotion of a cratic would only whet Moscow’s appe- Belarus remains imprisoned under harsh con- free, independent, democratic and tite to restore the old Soviet borders. ditions for his political opposition to Western-oriented Belarus, a sharp con- That would set a precedent that would Lukashenka; trast to Lukashenka’s efforts to reani- only jeopardize the security of (8) Victor Gonchar, Yuri Krasovsky, and Yuri Zakharenka, who have been leaders and mate the former Soviet Union. Ukraine, Lithuania, Latvia, and Esto- supporters of the opposition, have dis- This is an agenda not without risk. nia. Indulging antiquated Russian im- appeared under mysterious circumstances; Those who have dared to take a stand perial pretensions would also undercut (9) former Belarus government officials, in- against Lukashenka have disappeared. the prospects for democratic reform in cluding four police investigators, have come Yuri Zakharenko disapproved soon Russia. forward with credible allegations and evi- after he resigned his post as For these reasons the Belarus De- dence that top officials of the Lukashenka Lukashenka’s Minister of Interior and mocracy Act of 2001 authorizes $30 mil- regime were involved in the murders of oppo- began working with the opposition. Op- lion in assistance to restore and sition figures Yury Zakharenka, Victor Gonchar, Anatol Krasovsky, Dmitry position leader Victor Gonchar and his strengthen the institutions of demo- cratic government in Belarus. It spe- Zavadsky, and scores of other people. colleague, Anatoly Krasovsky, van- (10) the Lukashenka regime systematically ished just hours after Lukashenka, in a cifically urges the President of the harasses and persecutes the independent drooling rage broadcast on state tele- United States to furnish assistance to media and actively suppresses freedom of vision, called upon his henchmen to political parties in Belarus committed speech and expression; crackdown on the ‘‘opposition scum.’’ to those goals. (11) Dmitry Zavadsky, a cameraman for Other opposition leaders such as It expands the resources available to Russian public television, known for his crit- Andrei Klimov, have been imprisoned support radio broadcasting into ical reporting of the Lukashenka regime, under harsh conditions simply for ex- Belarus that will facilitate the flow of disappeared under mysterious cir- uncensored information to the people cumstances; pressing their opposition to (12) the Lukashenka regime harasses the Lukashenka’s regime. of Belarus. The September elections in Belarus autocephalic Belarusian Orthodox Church, This regime has tried to crush oppo- the Roman Catholic Church, evangelical sition marches with truncheon-wield- were stained by the Lukashenka re- churches, and other minority groups; ing riot police. The independent press gime’s cruel suppression of democratic (13) Lukashenka advocates and actively and non-governmental organizations and human rights. Let the Belarus De- promotes a merger between Russia and promoting democracy, rule of law and mocracy Act be America’s response to Belarus, and initiated negotiations and human rights in Belarus are subject to Europe’s last dictator, Aleksandr signed December 8, 1999, the Belarus-Russia Union Treaty even though he lacks the nec- constant government harassment, in- Lukashenka. I ask unanimous consent the text of essary constitutional mandate to do so; timidation, arrests, fines, beatings, and the bill be printed in the RECORD. (14) the Belarusian opposition denounces murder. Dmitry Zavadsky, a camera- There being no objection, the bill was these intentions and has repeatedly called man for Russian television, known for upon the international community to ‘‘un- ordered to be printed in the RECORD, as ambiguously announce the nonrecognition of his critical reporting of the follows: Lukashenka regime, disappeared under any international treaties concluded by S. 1645 mysterious circumstances. Lukashenka’’; If passed, this bill will impose sanc- Be it enacted by the Senate and House of Rep- (15) the United States, the European resentatives of the United States of America in Union, the NATO Parliamentary Assembly, tions against the Lukashenka regime. Congress assembled, the OSCE Parliamentary Assembly, and It will deny international assistance to SECTION 1. SHORT TITLE. other international bodies continue to recog- his government. It will freeze This Act may be cited as the ‘‘Belarus De- nize the 13th Supreme Council as the legal Belarusian assets in the United States. mocracy Act of 2001’’. Belarusian Parliament; It will prohibit trade with the SEC. 2. FINDINGS. (16) the parliamentary elections of October Lukashenka government and busi- Congress finds that— 15, 2000, conducted by Aleksandr Lukashenka nesses owned by that government. It (1) the United States has a vital interest in were illegitimate and unconstitutional; will also deny officials of the the consolidation and strengthening of the (17) these elections were plagued by violent independence and sovereignty of the Repub- human rights abuses committed by his re- Lukashenka government the right to lic of Belarus and its integration into the gime, including the harassment, beatings, travel to the United States. European community of democracies; arrest, and imprisonment of members of the And, if Lukashenka continues to sur- (2) the United States supports the pro- opposition; render Belarusian sovereignty, this bill motion of democracy, the rule of law, and re- (18) these elections were conducted in the will strip his government of the diplo- spect for human rights in Belarus; absence of a democratic election law; matic properties it currently enjoys in (3) in November 1996, Belarusian President (19) the presidential election of September the United States. Indeed, if he is suc- Aleksandr Lukashenka orchestrated an ille- 2001 was fundamentally unfair and featured cessful in his warped effort to recreate gal and unconstitutional referendum that significant and abusive misconduct by the the Soviet Union, the Government of enabled him to impose upon the Belarusian regime of Aleksandr Lukashenka, includ- people a new constitution, abolish the old ing— Belarus will sadly have no need for parliament, the 13th Supreme Council, re- (A) the harassment, arrest, and imprison- these properties. place it with a rubber stamp legislature, and ment of opposition leaders; This bill supports our Nation’s vision extend his term office to 2001; (B) the denial of opposition candidates of Europe that is democratic, free and (4) in May 1999, the Belarusian opposition equal and fair access to the dominant state- undivided. That vision will never be challenged Lukashenka’s illegal extension of controlled media; fulfilled as long as Belarus suffers his presidential term by staging alternative (C) the seizure of equipment and property under the tyranny of Aleksandr presidential elections and these elections of independent nongovernmental organiza- Lukashenka. It is our moral and stra- were met with repression; tions and press organizations and the harass- (5) the Belarusian opposition has organized ment of their staff and management; tegic interest to support those fighting peaceful demonstrations against the (D) voting and vote counting procedures for democracy and freedom in Belarus Lukashenka regime in cities and towns that were not transparent; and and the return of their country to the throughout Belarus, including the Freedom I (E) a campaign of intimidation directed European community of free states. March of October 17, 1999, the Freedom II against opposition activists, domestic elec- To ignore this struggle for democ- March of March 15, 2000, and the Chernobyl tion observation organizations, opposition racy and freedom and to turn an indif- Way March of April 26, 2000, each of which and independent media, and a libelous media ferent eye upon Lukashenka’s effort to took place in Minsk and involved tens of campaign against international observers; reconstruct the former Soviet Union thousands of Belarusians; and would be a grave error. Not only would (6) the Lukashenka regime has responded (20) the last parliamentary election in to these peaceful marches with truncheon- Belarus deemed to be free and fair by the it be immoral, it would be strategically swinging security personnel, mass arrests, international community took place in 1995 shortsighted. extended incarcerations, and beatings; and from it emerged the 13th Supreme Soviet Allowing Moscow to reabsorb a state (7) Andrei Klimov, a member of the last whose democratically and constitutionally that was once independent and demo- democratically elected Parliament in derived authorities and powers have been

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21933 usurped by the authoritarian regime of Alek- and the Committee on International Rela- ments or transfers of any property or any sandr Lukashenka. tions of the House of Representatives a re- transactions involving the transfer of any- SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY port on how funds allocated under subsection thing of economic value by any United AND CIVIL SOCIETY IN BELARUS. (b) will be used to provide AM and FM broad- States person to the Government of Belarus, (a) PURPOSES OF ASSISTANCE.—The assist- casting that covers the territory of Belarus or any person or entity acting for or on be- ance under this section shall be available for and delivers to the people of Belarus pro- half of, or owned or controlled, directly or the following purposes: gramming free from censorship of the gov- indirectly, by that government, or to any (1) To assist the people of Belarus in re- ernment of Lukashenka. member of the senior leadership of Belarus. gaining their freedom and to enable them to SEC. 5. SANCTIONS AGAINST THE LUKASHENKA (d) PAYMENT OF EXPENSES.—All expenses join the international community of democ- REGIME. incident to the blocking and maintenance of racies. (a) APPLICATIONS OF MEASURES.—The sanc- property blocked under subsection (a) shall (2) To restore and strengthen institutions tions described in this section and sections 6, be charged to the owners or operators of of democratic government in Belarus. 8, and 9, shall apply with respect to Belarus such property, which expenses shall not be (3) To encourage free and fair presidential until the President determines and certifies met from blocked funds. ROHIBITIONS.—The following shall be and parliamentary elections in Belarus, con- to the appropriate congressional committees (e) P prohibited as of the date of enactment of this ducted in a manner consistent with inter- that the Government of Belarus has made Act: nationally accepted standards and under the significant progress in meeting the condi- (1) The exportation to any entity owned, supervision of internationally recognized ob- tions described in subsection (b). controlled, or operated by the Government of servers. (b) CONDITIONS.—The conditions referred to Belarus, directly or indirectly, of any goods, (4) To sustain and strengthen international in subsection (a) are the following: technology, or services, either— sanctions against the Lukashenka regime in (1) The release of all those individuals who (A) from the United States; Belarus. have been jailed for their political views. (B) requiring the issuance of a license for (b) AUTHORIZATION FOR ASSISTANCE.—To (2) The withdrawal of politically motivated export by a Federal agency; or carry out the purposes of subsection (a), the legal charges against all opposition figures. (C) involving the use of United States reg- President is authorized to furnish assistance (3) The provision of a full accounting of istered vessels or aircraft, or any activity and other support for the activities described those opposition leaders and journalists, in- that promotes or is intended to promote in subsection (c) and primarily for indige- cluding Victor Gonchar, Yuri Krasovsky, such exportation. nous Belarusian political parties and non- Yuri Zakharenka, and Dmitry Zavadsky, (2) The performance by any United States governmental organizations. who have disappeared under mysterious cir- person of any contract, including a financing (c) ACTIVITIES SUPPORTED.—Activities that cumstances, and the prosecution of those in- may be supported by assistance under sub- dividuals who are responsible for those dis- contract, in support of an industrial, com- section (b) include— appearances. mercial, or public utility operated, con- (1) democratic forces, including political (4) The cessation of all forms of harass- trolled, or owned by the Government of parties, committed to promoting democracy ment and repression against the independent Belarus. (f) EXCEPTIONS.—Notwithstanding any and Belarus’ independence and sovereignty; media, nongovernmental organizations, and other provision of this section, this section the political opposition. (2) democracy building; does not apply to— (5) The implementation of free and fair (3) radio and television broadcasting to (1) assistance provided under section 3 or 4 presidential and parliamentary elections. Belarus; of this Act; (c) INTERNATIONAL FINANCIAL INSTITU- (4) the development and support of non- (2) those materials described in section TIONS.—The Secretary of the Treasury shall governmental organizations promoting de- 203(b)(3) of the International Emergency instruct the United States executive direc- mocracy and supporting human rights both Economic Powers Act relating to informa- tors of the international financial institu- in Belarus and in exile; tional materials; or tions to oppose, and vote against, any exten- (5) the development of independent media (3) materials being sent to Belarus as relief sion by those institutions of any financial working within Belarus and from locations in response to a humanitarian crisis. assistance (including any technical assist- outside of Belarus and supported by (g) STATUTORY CONSTRUCTION.—Nothing in nonstate-controlled printing facilities; ance or grant) of any kind to the Govern- this Act prohibits any contract or other fi- (6) international exchanges and advanced ment of Belarus, except for loans and assist- nancial transaction with any private or non- professional training programs for leaders ance that serve basic human needs. governmental organization or business in and members of the democratic forces in (d) INTERNATIONAL FINANCIAL INSTITUTIONS Belarus. DEFINED.—In this section, the term inter- skill areas central to the development of SEC. 7. DENYING ENTRY INTO THE UNITED civil society; and national financial institution includes the STATES TO BELARUSIAN OFFICIALS. (7) the development of all elements of International Monetary Fund, the Inter- It is the sense of Congress that the Presi- democratic processes, including political national Bank for Reconstruction and Devel- dent should use his authority under section parties and the ability to conduct free and opment, the International Development As- 212(f) of the Immigration and Nationality fair elections. sociation, the International Finance Cor- Act (8 U.S.C. 1182(f)) to suspend the entry (d) AUTHORIZATION OF APPROPRIATIONS.— poration, the Multilateral Investment Guar- into the United States of any alien who— (1) IN GENERAL.—There is authorized to be anty Agency, and the European Bank for Re- (1) holds a position in the senior leadership appropriated to the President $30,000,000 for construction and Development. of the Government of Belarus; or the fiscal year 2002. SEC. 6. BLOCKING BELARUSIAN ASSETS IN THE (2) is a spouse, minor child, or agent of a (2) AVAILABILITY OF FUNDS.—Amounts ap- UNITED STATES. person inadmissible under paragraph (1). propriated pursuant to paragraph (1) are au- (a) BLOCKING OF ASSETS.—All property and SEC. 8. PROHIBITION ON STRATEGIC EXPORTS thorized to remain available until expended. interests in property, including all commer- TO BELARUS. SEC. 4. AUTHORIZED FUNDING FOR RADIO cial, industrial, or public utility under- No computers, computer software, goods BROADCASTING IN AND INTO takings or entities, that are owned in whole intended to manufacture or service com- BELARUS. or in part by the Government of Belarus, or puters, no technology intended to manufac- (a) IN GENERAL.—The purpose of this sec- by any member of the senior leadership of ture or service computers, or any other tion is to augment support for independent Belarus, that are in the United States, that goods or technology may be exported to or and uncensored radio broadcasting in and hereafter come within the United States, or for use by the Government of Belarus, or by into Belarus that will facilitate the dissemi- that are or hereafter come within the posses- any of the following entities of that govern- nation of information in a way that is not sion or control of United States persons, in- ment: impeded by the government of Lukashenka. cluding their overseas branches, are hereby (1) The military. (b) ALLOCATION OF FUNDS.—Not less than blocked. (2) The police. $5,000,000 made available under section 3 (b) EXERCISE OF AUTHORITIES.—The Sec- (3) The prison system. shall be available only for programs that fa- retary of the Treasury, in consultation with (4) The national security agencies. cilitate and support independent broad- the Secretary of State, shall take such ac- SEC. 9. PROHIBITION ON LOANS AND INVEST- casting into and in Belarus on AM and FM tions, including the promulgation of regula- MENT. bandwidths, including programming from tions, orders, directives, rulings, instruc- (a) UNITED STATES GOVERNMENT FINANC- the Voice of America and RFE/RL, Incor- tions, and licenses, and employ all powers ING.—No loan, credit guarantee, insurance, porated. granted to the President by the Inter- financing, or other similar financial assist- (c) REPORTING ON RADIO BROADCASTING TO national Emergency Economic Powers Act, ance may be extended by any agency of the AND IN BELARUS.—Not later than 120 days as may be necessary to carry out subsection United States Government (including the after the date of enactment of this Act, the (a). Export-Import Bank and the Overseas Pri- Secretary of State shall submit to the Com- (c) PROHIBITED TRANSFERS.—Transfers pro- vate Investment Corporation) to the Govern- mittee on Foreign Relations of the Senate hibited under subsection (b) include pay- ment of Belarus.

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(b) TRADE AND DEVELOPMENT AGENCY.—No (3) a description of joint ventures com- tions and the October 2001 presidential elec- funds made available by law may be avail- pleted, or under construction by foreign na- tions and calls upon the democratic opposi- able for activities of the Trade and Develop- tionals involving facilities in Belarus; and tion of Belarus to sustain that unity and co- ment Agency in or for Belarus. (4) an identification of the countries that operation as part of the effort to bring an (c) THIRD COUNTRY ACTION.—Congress urges purchase or have purchased, arms or mili- end to Lukashenka’s dictatorship. the Secretary of State to encourage all other tary supplies from Belarus or that have come SEC. 15. DEFINITIONS. countries, particularly European countries, into agreements with the Belarus Govern- In this Act: to suspend any of their own programs pro- ment that have a military application, in- (1) SENIOR LEADERSHIP OF BELARUS.—The viding support similar to that described in cluding— term ‘‘senior leadership of Belarus’’ in- subsection (a) or (b) to the Government of (A) a description of the military supplies, cludes— Belarus, including the rescheduling of repay- equipment, or other material sold, bartered, (A) the President, Prime Minister, Deputy ment of the indebtedness of that government or exchanged between Belarus and such Prime Ministers, government ministers, and under more favorable conditions. countries; and deputy ministers of Belarus; (d) PROHIBITION ON PRIVATE CREDITS.—No (B) a listing of the goods, services, credits, (B) the Governor of the National Bank of United States person may make or approve or other consideration recieved by the Belarus; any loan or other extension of credit, di- Belarus government in exchange for military (C) officials of the Belarus Committee for rectly or indirectly, to the Government of supplies, equipment, or material. State Affairs (BKGB), the police, and any Belarus or to any corporation, partnership, SEC. 14. SENSE OF CONGRESS. other organ of repression; or other organization that is owned, oper- Congress hereby— (D) any official of the Government of ated, or controlled by the Government of (1) expresses its support to those in Belarus Belarus involved in the suppression of free- Belarus. seeking— dom in Belarus, including judges and pros- SEC. 10. DENIAL OF GSP. (A) to promote democracy and the rule of ecutors; (a) FINDING.—Congress finds that the Gov- law, to consolidate the independence and (E) any official of the Government of ernment of Belarus has failed to respect sovereignty of Belarus; and Belarus directly appointed by Aleksandr internationally recognized worker rights. (B) to promote its integration into the Eu- Lukashenka; and (b) DENIAL OF GSP BENEFITS.—Congress ap- ropean community of democracies; (F) officials of the presidential administra- proves the decision of the United States Gov- (2) expresses its grave concern about the tion. ernment to deny tariff treatment under title disappearances of Victor Gonchar, Yuri (2) UNITED STATES.—The term ‘‘United V of the Trade Act of 1974 (the Generalized Krasovsky, Yuri Zakharenka, Dmitry States’’ means the States of the United System of Preferences (GSP)) to Belarus. Zavadsky, and other members of the opposi- States, the District of Columbia, and any tion and press; SEC. 11. MULTILATERAL SANCTIONS. commonwealth, territory, dependency, or (3) calls upon Lukashenka’s regime to possession of the United States. It is the sense of Congress that the Presi- cease its persecution of political opponents (3) UNITED STATES PERSON.—The term dent should continue to seek to coordinate and to release those, including Andrei ‘‘United States person’’ means any United with other countries, particularly European Klimov, who have been imprisoned for oppos- States resident or national (other than an countries, a comprehensive, multilateral ing his regime; individual resident outside the United States strategy to further the purposes of this Act, (4) calls upon the Lukashenka regime to and employed by other than a United States including, as appropriate, encouraging other respect the basic freedoms of speech, expres- person), any domestic concern (including countries to take measures similar to those sion, assembly, association, language, and any permanent domestic establishment of described in this Act. religion; any foreign concern) and any foreign sub- SEC. 12. OWNERSHIP AND USE OF DIPLOMATIC (5) calls upon Lukashenka to allow par- sidiary or affiliate (including any permanent AND CONSULAR PROPERTIES. liamentary and presidential elections to be foreign establishment) of any domestic con- It is the sense of Congress that, if an un- conducted that are free, fair, and fully meet cern which is controlled in fact by such do- democratic and illegitimate Government of international standards; mestic concern, as determined under regula- Belarus, enters into a union with the Rus- (6) calls upon the Government of Russia, tions of the President. sian Federation that results in the loss of the State Duma, and the Federation Council sovereignty for Belarus, the United States to end its support, including financial sup- By Mr. BINGAMAN (for himself should immediately withdraw any and all port, to the Lukashenka regime and to fully and Mr. DOMENICI): privileges and immunities under the Vienna respect the sovereignty and independence of Convention on Diplomatic Relations enjoyed S. 1646. A bill to identify certain the Republic of Belarus; routes in the states of Texas, Okla- by the personnel and property of the Govern- (7) calls upon the Government of Belarus ment of Belarus and demand the immediate to resolve the continuing constitutional and homa, Colorado, and New Mexico as departure of such personnel from the United political crisis through free, fair, and trans- part of the Ports-to-Plains Corridor, a States. parent elections, including, as called for by high priority corridor on the National SEC. 13. REPORTS. the Organization for Security and Coopera- Highway System; to the Committee on (a) IN GENERAL.—Not later than 90 days tion in Europe (OSCE), of which Belarus is a Environmental and Public Works. after the date of enactment of this Act, and member— Mr. BINGAMAN. Madam President, I every year thereafter, the President shall (A) respect for human rights; rise today to introduce legislation that submit a report to the appropriate congres- (B) an end to the current climate of fear; will enhance the future economic vital- sional committees reporting on— (C) opposition and meaningful access to ity of communities in Union and Colfax (1) assistance and commerce received by state media; Belarus from other foreign countries during (D) modification of the electoral code to Counties and throughout all of North- the previous 12-month period; make the code more democratic; eastern New Mexico. By improving the (2) the sales of weapons and weapons-re- (E) engaging in genuine talks with the op- transportation infrastructure, I believe lated technologies from Belarus during that position; and this legislation will also help promote 12-month period; (F) permitting real power for the par- tourism across all of northern New (3) the relationship between the liament. Mexico. Lukashenka regime and the Government of (8) calls upon other governments to refuse The bill we are introducing today the Russian Federation; and to use as diplomatic residences or for any completes the designation of the route (4) the personal assets and wealth of Alek- other purpose properties seized by the sandr Lukashenka and other senior leaders Lukashenka regime from the Belarusian po- for the Ports-to-Plains High Priority of the Government of Belarus. litical opposition; Corridor, which runs 1,000 miles from (b) REPORT ELEMENTS.—Each report re- (9) calls upon the international commu- Laredo, Texas, to Denver, CO. I am quired by subsection (a) shall, for the period nity, including the Government of Russia, to honored to have my colleague, Senator covered by the report, contain, to the extent refuse to ratify or accept any treaty signed DOMENICI, as a cosponsor of the bill. such information is known— by Aleksandr Lukashenka or any other offi- I continue to believe strongly in the (1) a description of all assistance, including cial of his government. importance of highway infrastructure humanitarian assistance, provided to the (10) commends the democratic opposition for economic development in my State. Government of Belarus by foreign govern- in Belarus for their commitment to freedom, Even in this age of the new economy ments and multilateral institutions; their courage in the face of Lukashenka’s (2) a description of Belarus’ commerce with brutal repression, and the unity and coopera- and high-speed digital communica- foreign countries, including the identifica- tion their various political parties and non- tions, roads continue to link our com- tion of Belarus’ chief trading partners and governmental organizations demonstrated munities together and to carry the the extent of such trade; during the October 2000 parliamentary elec- commercial goods and products our

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.001 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21935 citizens need. Safe and efficient high- Mexico and Texas plan to upgrade their (3) by striking ‘‘(38) The’’ and inserting ways are especially important to citi- portion of the corridor to the full four ‘‘(38)(A) The’’; zens in the rural parts of New Mexico. lanes envisioned in the feasibility (4) in subparagraph (A) (as designated by It is well known that regions with study for the Ports-to-Plains trade cor- paragraph (3))— (A) in clause (i) (as redesignated by para- four-lane highways will more readily ridor. Indeed, the State of Texas will graph (2))— attract out-of-state visitors and new soon begin construction that will four- (i) in subclause (VII) (as redesignated by jobs. Travelers prefer the safety of a lane its portion of Highway 87 from paragraph (1)), by striking ‘‘and’’ at the end; four-lane highway rather than sharing Dumas to the New Mexico State line. (ii) in subclause (VIII) (as redesignated by a two-lane road with a large number of Meanwhile, Colorado plans to develop paragraph (1)), by striking the period at the semi tractor-trailer rigs. it’s portion as a super-two-lane high- end and inserting ‘‘; and’’; and In 1998, Congress identified the Ports- way at a cost of $537 million. The esti- (iii) by adding at the end the following: to-Plains corridor between the border mated cost to four-lane New Mexico’s ‘‘(IX) United States Route 287 from Dumas with Mexico to Denver, CO, as a High to the border between the States of Texas 81 miles of the corridor between Clay- and Oklahoma, and also United States Route Priority Corridor on the National ton and Raton is $185 million. 87 from Dumas to the border between the Highway System. This designation I do believe that once Highway 87 has States of Texas and New Mexico.’’; and arose in part as a result of the North been upgraded to four lanes between (B) by adding at the end the following: American Free Trade Agreement. Dumas and Raton, the route will act as ‘‘(ii) In the State of Oklahoma, the Ports- Under NAFTA, commercial border traf- a magnet for out-of-state visitors to to-Plains Corridor shall generally follow fic is already increasing, and the Ports- the year-round tourist attractions United States Route 287 from the border be- to-Plains corridor was considered to be throughout northern New Mexico. tween the States of Texas and Oklahoma to centrally situated to serve inter- the border between the States of Oklahoma Tourists in particular will prefer the and Colorado. national trade and promote economic safety and a convenience of a four-lane ‘‘(iii) In the State of Colorado, the Ports- development along its entire route. highway. to-Plains Corridor shall generally follow— Congress had previously designated a Congress designated the southern ‘‘(I) United States Route 287 from the bor- parallel route, the Camino Real Cor- portion of the Ports-to-Plains corridor der between the States of Oklahoma and Col- ridor, including Interstate Highway 25 last year. Now the feasibility study has orado to Limon; and through central New Mexico, as a high been completed and all four States are ‘‘(II) Interstate Route 70 from Limon to priority corridor; this corridor runs in unanimous agreement on the pre- Denver. from the Mexican border at El Paso, ‘‘(iv) In the State of New Mexico, the ferred route for the northern portion. Ports-to-Plains Corridor shall generally fol- TX, through Albuquerque and Denver, The time to act is now. Congress low United States Route 87 from the border and on to the Canadian border. should move quickly to confirm the between the States of Texas and New Mexico Last year, a comprehensive study four-state consensus of the Ports-to- to Raton.’’; and was undertaken to determine the feasi- Plains Trade Corridor by passing our (5) by striking ‘‘(B) The corridor designa- bility of creating a second continuous bill. I look forward to working with the tion contained in paragraph (A)’’ and insert- four-lane highway along the proposed Chairman of the Environment and Pub- ing the following: ‘‘(B) The corridor designation contained in Ports-to-Plains High Priority corridor. lic Works Committee, Senator JEF- Alternative highway alignments for subclauses (I) through (VIII) of subparagraph FORDS and the Ranking Member, Sen- (A)(i)’’. the trade corridor were developed and ator SMITH, to confirm the four states’ evaluated. The study was conducted recommendation with this non-con- DEPARTMENT OF TRANSPORTATION under the direction of a steering com- troversial, bipartisan legislation. September 21, 2001. mittee consisting of the State depart- Once the route is established, I am C.D. REAGAN, ments of transportation in Texas, New committed to working to help secure Division Administrator, Federal Highway Ad- Mexico, Oklahoma, and Colorado. The the funding required to complete the ministration, Austin, TX. Ports-to-Plains feasibility study was four-lane upgrade as soon as possible. I DEAR MR. REAGAN: We are pleased to in- completed and a final report circulated form you that we have finalized the preferred do believe the four-lane upgrade of designation for the Ports-to-Plains Corridor. earlier this year. Highway 87 is vital to economic devel- This letter confirms the consensus reached With the results of the feasibility opment for the communities of Raton by the states of Colorado, New Mexico, Okla- study in hand, representatives of the and Clayton and throughout all of homa and Texas on July 30, 2001, whereby the four State highway departments met northeast New Mexico. northern portion of the Ports-to-Plains Cor- on July 30 to reach consensus on the I again thank Senator DOMENICI for ridor would be formally designated as routes preferred designation for the northern cosponsoring the bill, and I hope all from Dumas, Texas on U.S. 287 to I-70 at Limon, Colorado and then to Denver, Colo- portion of the Ports-to-Plains corridor Senators will join us in support of this between Dumas, TX, and Denver, CO. rado, and U.S. 87 from Dumas, Texas to important legislation. Raton, New Mexico. The four representatives agreed to rec- I ask unanimous consent that the We submit these routes formally as rep- ommend designating the route north of text of the bill and the previously ref- resenting the states agreed unified designa- Dumas, TX, along U.S. Highway 287 erenced letter be printed in the tion for the Ports-to-Plains Corridor north of through Boise City, OK, to Limon, CO, RECORD. Dumas, Texas and request that you submit and then along Interstate 70 to Denver. There being no objection, the mate- our recommendation to the appropriate con- They also recommended including the rial was ordered to be printed in the gressional committees. Thank you for your strong consideration of route from Dumas, TX, along U.S. RECORD, as follows: Highway 87 through Clayton, NM, to this issue. S. 1646 Sincerely, Raton in the corridor. Be it enacted by the Senate and House of Rep- THOMAS E. NORTON, I am pleased the four States were resentatives of the United States of America in Colorado Executive Di- able to come to a unified consensus on Congress assembled, rector, DOT. the route for the Ports-to-Plains cor- SECTION 1. IDENTIFICATION OF PORTS-TO- MICHAEL W. BEHRENS, ridor. I ask unanimous consent that a PLAINS HIGH PRIORITY CORRIDOR Texas Executive Direc- letter from the directors of the four ROUTES. tor, DOT. State highway departments to the Fed- Section 1105(c)(38) of the Intermodal Sur- PETE RAHN, eral Highway Administration summa- face Transportation Efficiency Act of 1991 New Mexico Executive Director, DOT. rizing the four-State consensus rec- (105 Stat. 2032; 114 Stat. 2763A–201) is amend- ed— GARY M. RIDLEY, ommendation be printed in the RECORD (1) in subparagraph (A), by redesignating Oklahoma Executive at the conclusion of my remarks. clauses (i) through (viii) as subclauses (I) Director, DOT. I do believe the consensus rec- through (VIII), respectively; ommendation is a good result for all (2) by redesignating subparagraph (A) as By Ms. CANTWELL (for herself four States in the region. Both New clause (i); and Mrs. MURRAY):

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.002 S07NO1 21936 CONGRESSIONAL RECORD—SENATE November 7, 2001 S. 1649. A bill to amend the Omnibus dividuals including Representative worked this year and in years past, to Parks and Public Lands Management Russell Mack, the esteemed chair- obtain those critical federal dollars for Act of 1996 to increase the authoriza- woman of the House Interior Appro- the project. tion of appropriations for the Van- priations Subcommittee, Julia Butler However, I believe that more can and couver National Historic Reserve and Hansen, Congressman Don Bonker, and should be done to keep this project for the preservation of Vancouver Bar- Congresswoman Jolene Unsoeld, among moving ahead. We must never forget racks; to the Committee on Energy and many others, the tremendous resources our cultural, political, and economic Natural Resources. of the site have been protected for fu- heritage, and our historic resources Ms. CANTWELL. Madam President, I ture generations. help educate and remind us of those am introducing legislation today that President Truman signed legislation origins. That is why we have come to- will reauthorize Federal participation in 1948 that first authorized for Fort gether to introduce this legislation in the historic preservation efforts of Vancouver National Monument. The that will authorize additional federal one of the most historically significant act allowed the War Assets Adminis- spending on the project. sites in the Pacific Northwest, the Fort tration to transfer surplus property in I look forward to working with Sen- Vancouver National Historic Reserve. Vancouver Barracks to the Secretary ator MURRAY and others on the Appro- The Historic Reserve is rich in cul- of the Interior. On June 30, 1954, the priations Committee to move this leg- tural and historic national signifi- National Monument was officially es- islation quickly and continuing cance, pre-dating the arrival of Lewis tablished and the nearly 60 acres of the progress on this significant project for and Clark through the mid-20th cen- Vancouver Barracks were transferred the Pacific Northwest and our Nation. tury. For more than 10,000 years, Na- to the National Park Service. Finally, tive American groups inhabited the the site was designated as a National By Mr. CLELAND: prairies along the Columbia River that Historic Site in 1961. S. 1650. A bill to amend the Public include the site of present-day Van- In 1996, the expanded, 366-acre Van- Health Service Act to change provi- couver and the historic reserve. couver National Historic Reserve was sions regarding emergencies; to the Located on the great American wa- established to protect all of the histori- Committee on Health, Education, terway, the Columbia River, the Van- cally significant historical areas with- Labor, and Pensions. couver National Historic Reserve site in adjacent to the barracks. The re- Mr. CLELAND. Madam President, became the base of Columbia region op- serve includes Fort Vancouver, the the events of the past month have pre- erations for the Hudson’s Bay Trading Vancouver Barracks, Officers’ Row, sented the agencies of the Federal Gov- Company in the early 19th century. As Pearson Field, the Water Resources ernment with a challenge like none we my colleagues know, Hudson’s Bay was Education Center, and portions of the have ever seen. The anthrax attacks in the powerful British fur trading com- Columbia River waterfront. The sites Florida, New York, New Jersey, and pany that vied for control of the trap- serve as an enormously significant re- Washington have placed unprecedented ping industry in Western lands of the source in Southwest Washington. demands on both the public health and present-day United States, even before The restoration of the barracks alone law enforcement arms of the Federal political control of those lands were es- is an enormously important project to Government. Yet, in spite of the fact tablished. At its peak, the company stimulate the economic revitalization that the men and women of the Federal built an enormous network through of Vancouver. Last year, Congress au- Government have never before encoun- the region, with Fort Vancouver as the thorized the transfer of the 16 buildings tered circumstances like these, I am administrative headquarters and sup- that comprise the West Barracks to the pleased to say that, by and large, their ply depot for the hundreds of employ- City of Vancouver, and the partners in- response has been exceptional, and I ees at dozens of posts in the region. would like to thank them for their cou- Fort Vancouver became a trade cen- volved in this tremendous project have rageous efforts. However, as might be ter for the Western territories, with devised a Cooperative Management expected, this latest trial has exposed a goods arriving frequently from Europe Plan that identifies $40 million in nec- number of weaknesses in our bioter- and the Hawaiian Islands and large essary spending to replace failing in- quantities of furs and other natural re- frastructure and rehabilitate the 16 rorism response mechanism which we source products returned to London. buildings to the standards established must now act swiftly to remedy. The Fort came to serve as a hub for nu- under the National Historic Preserva- The Federal response to the anthrax merous other developing industries, in- tion Act. crisis has revealed some uncertainty cluding sawmills, dairies, shipbuilders, The Partner’s Cooperative Manage- with regard to the precise roles as- fishers and tanneries. In essence, Fort ment Plan for the Historic Reserve signed to each of the several Federal Vancouver truly served as a historic calls for the Barracks to be reused pri- agencies with responsibilities in such foundation for the development of the marily for historic preservation, edu- situations and with regard to coordina- entire Pacific Northwest region. cation, and other forms of public use. tion between these agencies and the But this history of the trapping in- But the location of the site near the dissemination of public information. dustry is not the only significant as- heart of Vancouver and the potential For example, while the CDC took the pect of this site. The Fort also served for drawing additional economic activ- lead in testing anthrax samples from as the Northwest’s military adminis- ity back to the city make this vitally Florida, the anthrax samples found in trative headquarters beginning in 1849. important for Southwest Washington. New York and Washington were col- The United States Army continuously The public-private partnership plan lected by the FBI and sent, not to the occupied the Vancouver Barracks at for the Barracks has also developed a CDC, but to DoD labs for testing. By the historic reserve site for 150 years. cost-sharing plan between federal, sending these samples to different fa- In the 1920’s, the Army created a small state, and private sources to locate the cilities, not only are we duplicating airfield for the Army Air Corps, which necessary funds and perform the ren- services, but, more importantly, we is now the site of the oldest operating ovation during the next four to six run the risk of critical results not airfield in the Nation, Pearson Airfield. years. While we at the Federal level being expeditiously reviewed by the ap- In the 1930’s, the Fort was used as a have contributed to the project in re- propriate health officials thereby unac- training camp for those participating cent years, the State of Washington ceptably increasing the response time in the Civilian Conservation Corps’ re- and the City of Vancouver have also in what is quite literally a life and forestation program. And, during committed significant resources, and death situation. World War II, General George C. Mar- the Vancouver National Historic Re- I believe the uncertainty that has shall presided over the Barracks and serve Trust has initiated aggressive ef- prevailed as to the proper role of the resided on Officer’s Row. forts to raise funds quickly. I have CDC in a bioterrorist incident, particu- Thanks to the wisdom, respect for worked this year, and my colleague larly vis-a-vis law enforcement agen- history, and foresight of numerous in- Senator MURRAY has successfully cies, is largely due to ambiguity in

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.002 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21937 present statutes and regulations. Presi- My Public Health Emergencies Ac- don’t talk to each another soon enough dential Decision Directive 39 of 1995 countability Act is an attempt to or completely enough. The Public clearly designates the FBI as the over- eliminate the confusion of the current Health Emergencies Accountability all lead federal agency for domestic system and address the immediate Act will put an end to that. terrorism incidents. At the same time, threats stemming from this uncer- I ask unanimous consent that the per last year’s Public Health Threats tainty. In proposing this measure, I am text of the bill be printed in the and Emergencies Act, P.L. 106–505, if building upon current law by clarifying RECORD. the Secretary of Health and Human the role of the CDC when acting during There being no objection, the bill was Services determines, after consulting a public health emergency. Further- ordered to be printed in the RECORD, as with the Director of the CDC, that a more, my measure is consistent with follows: public health emergency exists, the the proposed Kennedy-Frist Bioter- S. 1650 Secretary is authorized to take such rorism Preparedness Act and builds on Be it enacted by the Senate and House of Rep- action as may be appropriate to re- our work in last year’s Public Health resentatives of the United States of America in spond to the public health emergency, Threats and Emergencies Act. We have Congress assembled, including conducting and supporting already had to endure the consequences SEC. 1. SHORT TITLE. investigations into the cause, treat- of the current confusion over the im- This Act may be cited as the ‘‘Public ment, or prevention of a disease. Fur- portant, but distinct, roles of public Health Emergencies Accountability Act’’. ther, the Federal Response Plan des- health and law enforcement in respond- SEC. 2. AMENDMENT TO THE PUBLIC HEALTH ignates HHS as the primary federal ing to terrorist attacks. It is our re- SERVICE ACT. agency for the medical and public Part B of title III of the Public Health sponsibility to act immediately to rec- Service Act (42 U.S.C. 243 et seq.) is amended health response to emergencies. So it tify this situation in order to assure seems that, under current law and reg- by striking section 319 and inserting the fol- public health, safety, and security. lowing: ulation, the FBI is the lead agency in The Public Health Emergencies Ac- ‘‘SEC. 319. PUBLIC HEALTH EMERGENCIES. the event of a terrorist attack, and countability Act changes current law ‘‘(a) EMERGENCIES.—If the Secretary deter- HHS has significant authority to act in in several ways. First, it redefines mines, after consultation with the Director the event of a public health emergency. ‘‘public health emergency’’ to include of the Centers for Disease Control and Pre- But if a terrorist attack is also a public chemical and radiological attacks, in vention and other public health officials as health emergency, as has been the case addition to bioterrorism, and to make may be necessary, that— of late, it is not readily evident who is suspected as well as proven such at- ‘‘(1) a disease or disorder presents a public in charge. Clearly, both the FBI and health emergency; or tacks eligible for emergency designa- ‘‘(2) a detected or suspected public health the CDC have essential roles in such a tion. Second, as under last year’s Pub- situation. These roles are distinct but emergency, including significant outbreaks lic Health Threats and Emergencies do occasionally overlap, necessitating of infectious diseases or terrorist attacks in- Act, the Secretary of HHS, acting in volving biological, chemical, or radiological a clarification of how precisely the consultation with CDC, is given the au- weapons, otherwise exists, agencies are to coordinate with one an- thority to determine the existence of a the Secretary may take such action as may other in a bioterrorism crisis. be appropriate to respond to the public While the law enforcement and pub- public health emergency, and to re- spond to such an emergency by making health emergency, including making grants lic health response to terrorist attacks and entering into contracts and, acting are both vital, in the event of a public grants and conducting investigations. My measure provides additional au- through the Centers for Disease Control and health emergency, the unique life and Prevention, conducting and supporting in- death health ramifications of such an thority for the Secretary and CDC in vestigations into cause, treatment, or pre- attack mandate, in my view, that pub- these cases to take the lead in ‘‘direct- vention of a disease or disorder as described lic health experts take the lead role in ing the response of other Federal de- in paragraphs (1) and (2), directing the re- investigating and treating the attack. partments and agencies’’ and in ‘‘dis- sponse of other Federal departments and Bioterrorism is a new arena for us all, seminating necessary information’’ to agencies with respect to the safety of the the general public. Third, the time pe- general public and Federal employees and fa- including the CDC and in such un- cilities, and disseminating necessary infor- charted territory nothing we do can riod of the emergency is to be set by the Secretary and is not to exceed 180 mation to assist States, localities, and the guarantee that no mistakes will be general public in responding to a disease or made. However, with adequate funding days, but may be extended by the Sec- disorder as described in paragraphs (1) and and armed with their training and ex- retary after notification of Congress (2). pertise, the public health experts of the and other Federal agencies. ‘‘(b) DETERMINATION.—A determination of CDC constitute our best defense Finally, and most importantly, the an emergency by the Secretary under sub- against this emerging threat. There- determination of a public health emer- section (a) shall supersede all other provi- fore, the measure I am introducing gency by the Secretary of HHS, in con- sions of law with respect to actions and re- sponsibilities of the Federal Government, today will clarify the role of the CDC sultation with CDC, is made the defin- ing action in clarifying who should but in all such cases the Secretary shall keep and minimize the problems caused by the relevant Federal departments and agen- bureaucratic infighting over agency take the lead role in handling a bio- cies, including but not limited to the Depart- roles, thereby preventing time from be- logical, chemical or radiological at- ment of Justice, the Federal Bureau of Inves- coming an additional enemy. tack. Thus, when it is determined that tigation, the Office of Homeland Security, Law enforcement agencies and the a given situation does not rise to the and the committees of Congress listed in CDC have equally important, but sepa- level of a public health emergency, law subsection (f), fully and currently informed. rate, roles in the event of a terrorist enforcement will assume the lead posi- ‘‘(c) FULL DISCLOSURE.—In cases involving, attack involving biological, chemical, tion. On the other hand, when the Sec- or potentially involving, a public health retary of HHS has identified and de- emergency, but where no determination of or radiological weapons. Such an at- an emergency by the Secretary, under the tack allows us absolutely no room for clared a public health emergency, pub- provisions of subsection (a), has been made, confusion over these roles, however, as lic health and the CDC will take the all relevant Federal departments and agen- evidenced by the tragic results of the leading role. In either case, my pro- cies, including but not limited to the Depart- current anthrax attacks. While I am posal mandates that the lead agency ment of Justice, the Federal Bureau of Inves- eagerly awaiting further definition of keep all other relevant authorities, in- tigation, the Office of Homeland Security, the role of the new Office of Homeland cluding the Congress, fully and cur- shall keep the Secretary and the Centers for Security and I will support giving it rently informed. If there is one mes- Disease Control and Prevention and the com- the necessary authority to get the job sage that emerges time and time again mittees of Congress listed in subsection (f), fully and currently informed. done, the American people cannot af- about shortcomings in the Federal ‘‘(d) PUBLIC HEALTH EMERGENCY FUND.— ford any delay in eliminating existing Government’s current response to ter- ‘‘(1) IN GENERAL.—There is established in uncertainties in the federal response to rorism, especially bioterrorism, it is the Treasury a fund to be designated as the bioterrorism. that the relevant Federal agencies ‘‘Public Health Emergency Fund’’ to be

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.002 S07NO1 21938 CONGRESSIONAL RECORD—SENATE November 7, 2001 made available to the Secretary without fis- the table to resolve a wide range of dif- There being no objection, the bill was cal year limitation to carry out subsection ficult national issues. ordered to be printed in the RECORD, as (a) only if a public health emergency has The North Dakota Consensus Council follows: been declared by the Secretary under such S. 1651 subsection. There is authorized to be appro- in my home State serves as a model for priated to the Fund such sums as may be this national proposal. In North Da- Be it enacted by the Senate and House of Rep- necessary. kota, the Consensus Council has helped resentatives of the United States of America in ‘‘(2) REPORT.—Not later than 90 days after to find common ground on the use of Congress assembled, the end of each fiscal year, the Secretary grasslands in the western part of the SECTION 1. SHORT TITLE. shall prepare and submit to the Committee State, the structure of judgeships This Act may be cited as the ‘‘United on Health, Education, Labor, and Pensions across the State, and flood mitigation States Consensus Council Act of 2001’’. SEC. 2. FINDINGS AND PURPOSE. and the Committee on Appropriations of the efforts in the Red River Valley. By Senate and the Committee on Commerce and (a) FINDINGS.—Congress finds that— the Committee on Appropriations of the bringing together all of the interested (1) throughout the Nation there is increas- House of Representatives a report describ- parties, the North Dakota Consensus ing success in the use of collaborative and ing— Council was able to find solutions to consensus-building approaches to address ‘‘(A) the expenditures made from the Pub- problems that had previously seemed critical public policy issues at the national, lic Health Emergency Fund in such fiscal unsurmountable. Washington, DC, is State, and local levels; year; and ripe with opportunity for the same (2) there is a need for a national Council ‘‘(B) each public health emergency for kind of consensus building and medi- that can promote and conduct consensus- building processes that primarily address which the expenditures were made and the ation. We can not only build on the ex- activities undertaken with respect to each legislative policy issues of national impor- emergency which was conducted or sup- perience of consensus building in North tance; ported by expenditures from the Fund. Dakota, but similar successes in Mon- (3) such a Council may enroll specific ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds tana, Florida, Oregon and many other stakeholders, both public and private, to appropriated under this section shall be used States. build agreements that ultimately may be to supplement and not supplant other Fed- The United States Consensus Council implemented by Congress, Federal agencies, eral, State, and local public funds provided would bring people together and then or other policymaking bodies; (4) such a Council will strive to create pub- for activities under this section. help to develop recommendations. ‘‘(f) EMERGENCY DECLARATION PERIOD.—A lic policy agreements that integrate dif- determination by the Secretary under sub- These recommendations would be advi- fering perspectives into highest common de- section (a) that a public health emergency sory, subject to normal legislative or nominator solutions; exists shall remain in effect for a time period regulatory processes. The board of di- (5) the establishment of such a Council is specified by the Secretary but not longer rectors would be appointed by the an appropriate investment by the people of than the 180-day period beginning on the President and the bipartisan Congres- this Nation in a capacity that works in co- date of the determination. Such period may sional leadership. The council would operation with Congress, the executive be extended by the Secretary if the Sec- remain neutral on substantive policy branch, and others and complements current retary determines that such an extension is public policymaking processes on selected appropriate and notifies the Committee on matters. issues; Health, Education, Labor, and Pensions of The Council would focus primarily on (6) the existence of such a Council could the Senate and the Committee on Appropria- issues that Congressional leaders and contribute especially to resolving differences tions of the Senate and the Committee on the White House have agreed are appro- on contentious policy issues, preventing po- Commerce of the House of Representatives priate. These could be issues that are larization on emerging policy issues and ad- and the Committee on Appropriations of the contentious or deadlocked, or they dressing issues of complexity that involve House of Representatives.’’. could be emerging issues where medi- multiple parties and perspectives; ation could help to prevent later polar- (7) the establishment of such a Council By Mr. DORGAN (for himself, Mr. may contribute significantly to a renewed ization. BROWNBACK, and Mr. CONRAD): sense of civility and respect for differences, S. 1651. A bill to establish the United The Council’s role will be to design while at the same time promoting vigorous States Consensus Council to provide and conduct processes that lead to interchange and open communications for consensus building process in ad- common ground on effective public pol- among those with differing points of view; icy for a particular issue. The Council and dressing national public policy issues, (8) the Council may become a repository of and for other purposes; to the Com- could be called upon to convene key stakeholders in face-to-face meetings wisdom and experience on public policy col- mittee on Governmental Affairs. laboration and consensus-building that can Mr. DORGAN. Madam President, over time to build agreements on com- be shared with public and private sector pol- today I am introducing legislation that plex issues. icymakers and the public in the interest of would create the United States Con- The legislation authorizes $5 million promoting more effective public policy and sensus Council. This council would be a for the first year and would also allow the increased use of collaborative processes. (b) PURPOSE.—The purpose of this Act is to non-profit, quasi-governmental entity private contributions to the Council. The Council would not be a part of the establish an independent, nonprofit, national that would serve both the legislative Council to serve the people and the Govern- and executive branches of government. Federal Government and its employees ment by constructing an adjunct to the ex- Its role would be to build agreements would not be considered Federal work- isting legislative and regulatory process that among stakeholders primarily on legis- ers. seeks to produce consensus on Federal policy lative issues where there are diverse I have long been a supporter of build- issues through collaborative processes open and conflicting views and bring these ing consensus and finding ways to to key stakeholders. agreements back to Congress or other reach compromise. I believe that this SEC. 3. DEFINITIONS. decision-makers for action. legislation could help the Congress and In this Act, the term— the administration to find that middle (1) ‘‘Board’’ means the Board of Directors Leaders from the Administration and of the Council; the Congress have worked together in ground. There are so many important (2) ‘‘Council’’ means the United States recent weeks to respond to the ter- issues that get deadlocked in Wash- Consensus Council established under this rorist attacks against our country. ington, and this approach will help to Act; and This has shown the benefit of working break that logjam. Recent weeks have (3) ‘‘Director’’ means an individual ap- across party lines to develop consensus shown that it can be done. I hope that pointed to the Board of Directors of the on a variety of policy issues. At a time this bill will allow it to happen more Council. when the Nation is unified and focused often. I look forward to working with SEC. 4. UNITED STATES CONSENSUS COUNCIL. on these unprecedented challenges, the my colleagues on both sides of the aisle (a) ESTABLISHMENT.—There is established to move this bill through the process. the United States Consensus Council. Consensus Council can help institu- (b) STATUS; RESTRICTIONS.—The Council is tionalize this spirit of comity. The I ask unanimous consent that the an independent nonprofit corporation and Council can provide ongoing support to text of this bill be printed in the shall be treated as an organization described Congress by bringing stakeholders to RECORD. under 170(c)(2)(B) of the Internal Revenue

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.002 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21939 Code of 1986. The Council does not have the (D) develop and publish a common set of the House of Representatives, or officers or power to issue any shares of stock or to de- facts to inform and assist consensus-building employees of the United States appointed by clare or pay any dividends. The Council is processes; the Minority Leader of the House of Rep- not an agency or instrumentality of the (E) establish ground rules, including mat- resentatives. United States. ters related to confidentiality, representa- (c) TERM OF OFFICE: COMMENCEMENT AND (c) ESTABLISHMENT OF OR AFFILIATION WITH tion of counsel, and ex parte communica- TERMINATION, INTERIM AND REMAINDER SERV- A UNITED STATES CONSENSUS COUNCIL FOUN- tions; ICE, LIMITATION.— DATION.—As determined by the Board, the (F) work to promote consensus among the (1) TERM OF OFFICE.—Directors appointed Council may establish or affiliate with a stakeholders by methods such as negotia- under subsection (b) of this section shall be nonprofit legal entity which is capable of re- tion, discussion, meetings, and any other appointed to 4-year terms, with no Director ceiving, holding, expending, and investing process of dispute resolution; serving more than 2 consecutive terms ex- public or private funds for purposes in fur- (G) build and construct agreements among cept that— therance of the Council under this Act. Such stakeholders; (A) as designated by the President, the legal entity may be designated as the (H) draft, present, and submit rec- terms of 4 of the Directors initially ap- ‘‘United States Consensus Council Founda- ommendations to the legislative, executive, pointed under subsection (b)(1) shall be 2 tion’’. or judicial body with oversight of the par- years, subject to appointment to no more (d) TRADE NAME AND TRADEMARK RIGHTS; ticular issue; and than 2 additional 4-year terms in the manner VESTED RIGHTS PROTECTED; CONDITION FOR (I) provide training and technical assist- set forth in this section; USE OF FEDERAL IDENTITY.— ance in response to the request of a depart- (B) as designated by the Speaker of the (1) IN GENERAL.—The Council has the sole ment, agency, or instrumentality of the Gov- House of Representatives, the terms of the 2 and exclusive right to use and to allow or ernment to investigate, examine, study, and Directors initially appointed under sub- refuse others the use of the terms ‘‘United report on any issue within the Council’s section (b)(4) shall be 2 years, subject to ap- States Consensus Council’’ and ‘‘United competence. pointment to no more than 2 additional 4- States Consensus Council Foundation’’ and (3) OTHER ACTIVITIES.—The Council also year terms in the manner set forth in this the use of any official United States Con- may engage in any other activity consistent section; and sensus Council emblem, badge, seal, and with its mission. (C) as designated by the Minority Leader of other mark of recognition or any colorable (c) GENERAL AUTHORITY.—The Council may simulation thereof. the House of Representatives, the terms of do any and all lawful acts necessary or desir- the 2 Directors initially appointed under sub- (2) UNITED STATES REFERENCES.—The Coun- able to carry out the objectives and purposes cil may use ‘‘United States’’ or ‘‘U.S.’’ or section (b)(5) shall be 2 years, subject to ap- of this Act. pointment to no more than 2 additional 4- any other reference to the United States (d) GUIDELINES FOR COUNCIL OPERATIONS.— Government or Nation in its title or in its year terms in the manner set forth in this As necessary, the Council shall develop section. corporate seal, emblem, badge, or other guidelines, through its bylaws or otherwise, (2) INTERIM SERVICE.—Any Director ap- mark of recognition or colorable simulation to address— pointed to the Board may continue to serve thereof in any fiscal year only if there is an (1) policies relating to personal service until his or her successor is appointed. authorization of appropriations, or appro- contracts; (3) REMAINDER SERVICE.—Any Director ap- priations, for the Council for such fiscal year (2) standards to ensure that the Council, pointed to the Board to replace a Director provided by law. its Directors, employees, and agents, avoid whose term has not expired shall be ap- SEC. 5. POWERS AND DUTIES. conflicts of interest that may arise; pointed to serve the remainder of that term. (a) DISTRICT OF COLUMBIA NONPROFIT-COR- (3) fundraising policies, donor development (4) PRESIDENT OF COUNCIL.—The President PORATE POWERS.—The Council may exercise programs, and matters related to the accept- of the Council shall serve as a nonvoting Di- the powers conferred upon a nonprofit cor- ance of private donations; rector of the Board. poration by the District of Columbia Non- (4) the duties and responsibilities of the profit Corporation Act (D.C. Code, sec. 29–301 (d) QUALIFICATIONS.—A demonstrated in- Council, its Board, officers, employees, and terest in the mission of the Council or exper- et seq.) consistent with this Act. agents; and (b) DESCRIPTION OF SPECIFIC ACTIVITIES.— tise in consensus building may be considered (5) the establishment of advisory commit- in appointments made under this section. (1) IN GENERAL.—Acting through the Board, tees, councils, or other bodies, as the effi- the Council may— (e) REMOVAL FROM OFFICE.—A Director cient administration of the business and pur- may be removed by a process to be deter- (A) promote and advance programs based poses of the Council may require. mined by the Council’s bylaws. on consensus building as a complement to (e) ADMINISTRATIVE SERVICES FROM GEN- (f) MEETINGS; NOTICE IN FEDERAL REG- the current deliberative processes employed ERAL SERVICES ADMINISTRATION.—The Coun- ISTER.—Meetings of the Board shall be con- by Congress and the executive branch; cil may obtain administrative support serv- ducted pursuant to the Council’s bylaws, ex- (B) enter into formal and informal rela- ices from the Administrator of General Serv- cept as provided in the following: tionships with other institutions, public and ices and use all sources of supply and serv- (1) MEETINGS; QUORUM.—The Board shall private, for purposes not inconsistent with ices of the General Services Administration meet at least semiannually. A majority of this Act; on a reimbursable basis. the Directors in office shall constitute a (C) receive referrals from Congress, the SEC. 6. BOARD OF DIRECTORS. quorum for any Board meeting. President, executive departments, agencies, (a) VESTED POWERS.—The powers of the (2) OPEN MEETINGS.—All official governing private groups, or organizations that request Council shall be vested in a Board of Direc- meetings of the Board shall be open to public the Council’s expertise in building a con- tors unless otherwise specified in this Act. observation and shall be preceded by reason- sensus on a particular public policy issue; (b) APPOINTMENTS.—The Board of Directors able public notice. Notice in the Federal (D) coordinate with, make referrals to and shall consist of 16 voting members as follows: Register shall be deemed to be reasonable receive referrals from, other consensus- (1) Eight individuals, including private public notice for purposes of the preceding building instrumentalities of the United citizens, State or local employees, or officers sentence. In exceptional circumstances, the States, including the United States Institute or employees of the United States, appointed Board may close those portions of a meeting, for Environmental Conflict Resolution or the by the President, except that no more than 4 upon a majority vote of Directors present Federal Mediation and Conciliation Service; of such individuals may share the same po- and with the vote taken in public session, and litical party affiliation. which are likely to disclose information or (E) develop and apply assessment plans for (2) Two individuals, including private citi- that may adversely affect any ongoing pro- the purpose of reviewing such referrals. zens, State or local employees, Senators, or ceeding or activity or to disclose informa- (2) CONSENSUS-BUILDING PROCESS.—Acting officers or employees of the United States, tion or matters exempted from public disclo- through the Board, the Council may, for appointed by the Majority Leader of the Sen- sure under subsection (c) of section 552b of each consensus-building process— ate. title 5. (A) consider such factors as issue com- (3) Two individuals, including private citi- (g) COMPENSATION.—Directors shall be com- plexity, cost, ripeness, likelihood of partici- zens, State or local employees, Senators, or pensated at a rate not to exceed the daily pation by key stakeholders, and any other officers or employees of the United States equivalent of the rate payable for a position relevant indices that may assist the Council appointed by the Minority Leader of the Sen- at level IV of the Executive Schedule under in determining whether to accept a referral; ate. section 5315 of title 5, United States Code, for (B) identify any appropriate facilitator for (4) Two individuals, including private citi- each day during which they are engaged in the negotiation process; zens, State or local employees, Members of the performance of the duties of the Council. (C) identify the key stakeholders involved the House of Representatives, or officers or The Directors shall not be employees of the or interested in the outcome of a particular employees of the United States appointed by United States. issue, including those individuals who have the Speaker of the House of Representatives. (h) TRAVEL EXPENSES.—While away from the authority to implement the Council’s (5) Two individuals, including private citi- home or regular place of business in the per- recommendations; zens, State or local employees, Members of formance of duties for the Board, a Director

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.002 S07NO1 21940 CONGRESSIONAL RECORD—SENATE November 7, 2001 may receive reasonable travel, subsistence, (B) all Council bylaws, rules, regulations, bring needed reform to Federal agri- and other necessary expenses. and guidelines; culture programs that have perpet- SEC. 7. OFFICERS AND EMPLOYEES. (C) required minutes of proceedings; uated Federal control over prices and (a) APPOINTMENT, COMPENSATION, AND STA- (D) all applications and proposals and production. TUS OF PRESIDENT OF COUNCIL AND OTHER OF- issued or received contracts and grants; and While the 1996 farm bill modernized FICERS.—There shall be a President who shall (E) financial records of the Council. be appointed by the Board. The President (2) INSPECTION.—All items required by this Federal agriculture policy for some shall be the chief executive officer of the subsection may be inspected by any Director commodities, the sugar program, how- Council and shall carry out or cause to be or any agent or attorney of a Director for ever, only realized minor reforms. As a carried out the functions of the Council sub- any proper purpose at any reasonable time. result, trade opportunities for other ject to the supervision and direction of the (e) AUDITS.—The accounts of the Council agriculture producers have been ham- Board. shall be audited annually in accordance with pered, and Americans have been twice (1) COMPENSATION OF PRESIDENT OF THE generally accepted auditing standards by affected, both as consumers and tax- COUNCIL.—The President of the Council shall independent certified public accountants or be compensated at an annual rate of pay not independent licensed public accountants, payers. to exceed the rate payable for a position at certified or licensed by a regulatory author- A GAO report released in June 2000, level II of the Executive Schedule under sec- ity of a State or other political subdivision presents information suggesting the tion 5313 of title 5, United States Code. of the United States. The audit shall be con- Federal sugar program is not serving (2) ASSIGNMENT OF FEDERAL OFFICERS OR ducted at the place or places where the ac- consumers and taxpayers well. That re- EMPLOYEES TO THE COUNCIL.—The Council counts of the Council are normally kept. All port, an update to a 1993 report on the may request the assignment of any Federal books, accounts, financial records, files, and same matter, estimated that the sugar officer or employee to the Council by an ap- other papers, things, and property belonging propriate executive department, agency, or program resulted in net losses to the to or in use by the Council and necessary to U.S. economy of about $700 million in congressional official or Member of Congress facilitate the audit shall be made available and may enter into an agreement for such to the person or persons conducting the 1996, and about $900 million in 1998. assignment, if the affected officer or em- audit, and full facilities for verifying trans- Moreover, it found that the primary ployee agrees to such assignment and such actions with the balances or securities held beneficiaries of the sugar program’s assignment causes no prejudice to the sal- by depositories, fiscal agents, and custodians higher prices are domestic sugar beet ary, benefits, status, or advancement within shall be afforded to such person or persons. and cane producers who were estimated the department, agency, or congressional (f) REPORT TO CONGRESS; COPIES FOR PUB- to receive benefits of about $800 million staff of such officer or employee. LIC.—The Council shall provide a report to (3) PERSONNEL.—The President of the in 1996 and nearly $1 billion in 1998. the President and to each House of Congress In terms of trade opportunities, the Council, with the approval of the Board, may not later than 6 months following the close appoint and fix the compensation of such ad- of the fiscal year for which the audit is sugar program harms other agricul- ditional personnel as determined necessary. made. The report shall set forth such state- tural producers by slowing efforts to The President and employees of the Council ments of the Council’s activities for the open foreign markets for American shall not be employees of the United States. prior year. The report shall be made avail- farm products. As long as the United (4) COMPENSATION FOR SERVICES OR EX- able to the public. States uses restrictive sugar import PENSES; PROHIBITION ON LOANS TO COUNCIL DI- SEC. 9. FUNDING. quotas to stiffle trade, these counties RECTORS AND PERSONNEL.— (a) AUTHORIZATION OF APPROPRIATIONS.— have a ready excuse not to drop their (A) IN GENERAL.—No part of the financial (1) IN GENERAL.—For the purpose of car- own trade barriers. resources, income, or assets of the Council or rying out this Act, there are authorized to be of any legal entity created by the Council The Sugar Program Reform Act, appropriated $5,000,000 for fiscal year 2002 which I am pleased to introduce with shall inure to any agent, employee, officer, and such sums as may be necessary for suc- or Director or be distributable to any such ceeding fiscal years. Senate MCCAIN, will finally bring person during the life of the corporation or (2) AVAILABILITY.—Funds appropriated major change to the sugar program. It upon dissolution or final liquidation. Noth- under the authority of paragraph (1) shall re- will accomplish that goal by: reducing ing in this section may be construed to pre- main available until expended. support prices and ending them after vent the payment of reasonable compensa- (b) TRANSFER OF UNOBLIGATED FUNDS; RE- 2004; requiring that loans be repaid tion for services or expenses to the Direc- PORTS OF USE OF FUNDS TO CONGRESS AND tors, officers, employees, and agents of the ending sugar processors’ ability to turn PRESIDENT.—The Board may transfer to the Council in amounts approved in accordance over surplus sugar to the government legal entity authorized to be established instead of repaying the amounts they with this Act. under section 4(c) any funds not obligated or (B) LOANS.—The Council shall not make expended from appropriations to the Council have borrowed; and assuring adequate loans to its Directors, officers, employees, or for a fiscal year, and such funds shall remain supplies, requiring that import quotas agents. available for obligation or expenditure for be administered to maintain prices at SEC. 8. PROCEDURES AND RECORDS. the purposes of such legal entity without re- no more than the price support level (a) MONITORING AND EVALUATION OF PRO- gard to fiscal year limitations. Any use by established by Congress. GRAMS.—The Council shall monitor and such legal entity of appropriated funds shall When the Senate considers legisla- evaluate and provide for independent evalua- be reported to each House of Congress and to tion if necessary of programs supported in tion to reauthorize farm programs, I the President. whole or in part under this Act to ensure look forward to a spirited debate on that the provisions of this Act and the by- SEC. 10. DISSOLUTION OR LIQUIDATION. the necessity of reforming policies that laws, rules, regulations, and guidelines pro- Upon dissolution or final liquidation of the have not served the best interests of mulgated under this Act are adhered to. Council, all income and assets appropriated taxpayers or the agricultural commu- by the United States to the Council, but not (b) ACCOUNTS OF RECEIPTS AND DISBURSE- nity at large. MENTS; FINANCIAL REPORTS.—The Council any other funds, shall revert to the United shall keep correct and complete books and States Treasury. I ask unanimous consent that the records of accounts, including separate and text of the bill be printed in the distinct accounts of receipts and disburse- By Mr. SANTORUM (for himself RECORD. ments of Federal funds. The Council’s annual and Mr. MCCAIN); There being no objection, the bill was financial report shall identify the use of such S. 1652. A bill to amend the Agricul- ordered to be printed in the RECORD, as funding and shall present a clear description tural Market Transition Act to convert follows: of the full financial situation of the Council. S. 1652 (c) MINUTES OF PROCEEDINGS.—The Council the price support program for sugar- shall keep minutes of the proceedings of its cane and sugar beets into a system of Be it enacted by the Senate and House of Rep- Board and of any committees having author- solely recourse loans and to provide for resentatives of the United States of America in ity under the Board. the gradual elimination of the pro- Congress assembled, (d) RECORD AND INSPECTION OF REQUIRED gram; to the Committee on Agri- SECTION 1. SHORT TITLE. ITEMS.— culture, Nutrition, and Forestry. This Act may be cited as the ‘‘Sugar Pro- (1) IN GENERAL.—The Council shall keep a Mr. SANTORUM. Madam President, I gram Reform Act’’. record of— SEC. 2. RECOURSE LOANS FOR PROCESSORS OF (A) the names and addresses of its Direc- rise today to introduce the Sugar Pro- SUGARCANE AND SUGAR BEETS AND tors, copies of this Act, and any other Act re- gram Reform Act. This bill is a con- REDUCTION IN LOAN RATES. lating to the Council; tinuation of my ongoing efforts to (a) GRADUAL REDUCTION IN LOAN RATES.—

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(1) SUGARCANE PROCESSOR LOANS.—Section (1) PRICE SUPPORT FOR NONBASIC AGRICUL- Section 16(d) of the Victims of Violent 156(a) of the Agricultural Market Transition TURAL COMMODITIES.— Crime Compensation Act of 1996 (sec. 4– Act (7 U.S.C. 7272(a)) is amended by striking (A) DESIGNATED NONBASIC AGRICULTURAL 515(d), D.C. Official Code), as amended by ‘‘equal to 18 cents per pound for raw cane COMMODITIES.—Section 201(a) of the Agricul- section 403 of the Miscellaneous Appropria- sugar.’’ and inserting the following: ‘‘, per tural Act of 1949 (7 U.S.C. 1446(a)) is amended tions Act, 2001 (as enacted into law by sec- pound for raw cane sugar, equal to the fol- by striking ‘‘milk, sugar beets, and sugar- tion 1(a)(4) of the Consolidated Appropria- lowing: cane’’ and inserting ‘‘and milk’’. tions Act, 2001), is amended— ‘‘(1) In the case of raw cane sugar processed (B) OTHER NONBASIC AGRICULTURAL COM- (1) by striking ‘‘in excess of $250,000’’; and from the 1996 through 2000 crops, $0.18. MODITIES.—Section 301 of the Agricultural (2) by striking ‘‘and approved by’’ and all ‘‘(2) In the case of raw cane sugar processed Act of 1949 (7 U.S.C. 1447) is amended by in- that follows and inserting a period. from the 2001 crop, $0.17. serting ‘‘(other than sugarcane and sugar (b) The amendments made by subsection ‘‘(3) In the case of raw cane sugar processed beets)’’ after ‘‘title II’’. (a) shall take effect as if included in the en- from the 2002 crop, $0.16. (2) POWERS OF COMMODITY CREDIT CORPORA- actment of section 403 of the Miscellaneous ‘‘(4) In the case of raw cane sugar processed TION.—Section 5(a) of the Commodity Credit Appropriations Act, 2001. from the 2003 crop, $0.15. Corporation Charter Act (15 U.S.C. 714c(a)) is On page 12, line 7, after ‘‘Agency,’’ insert ‘‘(5) In the case of raw cane sugar processed amended by inserting ‘‘(except for the 2005 the following: ‘‘the Governor of the State of from the 2004 crop, $0.14.’’. and subsequent crops of sugarcane and sugar Maryland and the Governor of the Common- (2) SUGAR BEET PROCESSOR LOANS.—Section beets)’’ after ‘‘agricultural commodities’’. wealth of Virginia, the county executives of 156(b) of the Agricultural Market Transition (3) SECTION 32 ACTIVITIES.—Section 32 of the contiguous counties of the region’’. Act (7 U.S.C. 7272(b)) is amended by striking Act of August 24, 1935 (7 U.S.C. 612c), is Page 12, line 7, after ‘‘and’’ and before ‘‘equal to 22.9 cents per pound for refined amended in the second sentence of the first ‘‘state’’ insert the following: ‘‘the respec- beet sugar.’’ and inserting the following: ‘‘, paragraph by inserting ‘‘(other than sugar- tive’’. per pound of refined beet sugar, that re- cane and sugar beets)’’ after ‘‘commodity’’ Page 12, line 8, after ‘‘emergency’’ and be- flects— the last place it appears. fore ‘‘plan’’ insert: ‘‘operations’’. Page 13, line 14, strike ‘‘$500,000’’ and in- ‘‘(1) an amount that bears the same rela- (f) ASSURANCE OF ADEQUATE SUPPLIES OF sert: ‘‘$250,000’’. tion to the loan rate in effect under sub- SUGAR.—Section 902 of the Food Security Page 13, line 15, strike ‘‘McKinley Tech- section (a) for a crop as the weighted average Act of 1985 (7 U.S.C. 1446g note; Public Law nical High School’’ and insert the following: of producer returns for sugar beets bears to 99–198) is amended by striking subsection (a) ‘‘Southeastern University’’. the weighted average of producer returns for and inserting the following: Page 13, line 16, strike ‘‘Southeastern Uni- sugarcane, expressed on a cents per pound ‘‘(a) IN GENERAL.—Beginning with the versity’’ and insert the following: ‘‘McKinley basis for refined beet sugar and raw cane quota year for sugar imports that begins Technical High School.’’. sugar, for the most recent 5-year period for after the 2000/2001 quota year, the President Page 13, line 14, insert after ‘‘students;’’: which data are available; and shall use all authorities available to the ‘‘$250,000 for Lightspan, Inc. to implement ‘‘(2) an amount that covers sugar beet President as may be necessary to enable the the eduTest.com program in the District of processor fixed marketing expenses.’’. Secretary of Agriculture to ensure that ade- Columbia Public Schools;’’. (b) CONVERSION TO RECOURSE LOANS.—Sec- quate supplies of raw cane sugar are made Page 16, line 3, strike ‘‘U.S. Soccer Foun- tion 156(e) of the Agricultural Market Tran- available to the United States market at dation, to be used’’ and insert: ‘‘Washington, sition Act (7 U.S.C. 7272(e)) is amended— prices that are not greater than the higher D.C. Sports and Entertainment Commission (1) in paragraph (1), by inserting ‘‘only’’ of— which in coordination with the U.S. Soccer after ‘‘this section’’; and ‘‘(1) the world sugar price (adjusted to a de- Foundation, shall use the funds’’. (2) by striking paragraph (2) and inserting livered basis); or Page 17, line 18, insert after ‘‘families’’ the the following: ‘‘(2) the raw cane sugar loan rate in effect following: ‘‘and children without parents, ‘‘(2) NATIONAL LOAN RATES.—Recourse under section 156 of the Agricultural Market due to the September 11, 2001 terrorist at- loans under this section shall be made avail- Transition Act (7 U.S.C. 7272), plus inter- tacks on the District of Columbia,’’. able at all locations nationally at the rates est.’’. Page 18, line 8, after ‘‘Provided,’’ and before specified in this section, without adjustment f ‘‘That’’ insert the following: ‘‘That funds to provide regional differentials.’’. AMENDMENTS SUBMITTED AND made available in such Act for the Wash- (c) CONVERSION TO PRIVATE SECTOR FINANC- ington Interfaith Network (114 Stat. 2444) ING.—Section 156 of the Agricultural Market PROPOSED shall remain available for the purposes in- Transition Act (7 U.S.C. 7272) is amended— SA 2109. Ms. LANDRIEU (for herself and tended until December 31, 2001: Provided,’’. (1) by redesignating subsection (i) as sub- Mr. DEWINE) proposed an amendment to the Page 34, line 4, District of Columbia section (j); bill H.R. 2944, making appropriations for the Funds—Public Works, insert after ‘‘avail- (2) by inserting after subsection (h) the fol- government of the District of Columbia and able’’: ‘‘Provided, That $1,550,000 made avail- lowing: other activities chargeable in whole or in able under the District of Columbia Appro- ONVERSION TO PRIVATE SECTOR FI- ‘‘(i) C part against the revenues of said District for priations Act, 2001 (Public Law 106–522) for NANCING.—Notwithstanding any other provi- the fiscal year ending September 30, 2002, and taxicab driver security enhancements in the sion of law— for other purposes. District of Columbia shall remain available ‘‘(1) no processor of any of the 2005 or sub- SA 2110. Mrs. HUTCHISON (for herself and until September 30, 2002.’’. sequent crops of sugarcane or sugar beets Mr. SESSIONS) proposed an amendment to the Page 37, line 4, insert the following after shall be eligible for a loan under this section bill H.R. 2944, supra. ‘‘service’’: ‘‘Notwithstanding any other pro- with respect to the crops; and SA 2111. Mr. DURBIN (for himself and Mrs. vision of law, the District of Columbia is ‘‘(2) the Secretary may not make price sup- BOXER) proposed an amendment to the bill hereby authorized to make any necessary port available, whether in the form of loans, H.R. 2944, supra. payments related to the ‘‘District of Colum- payments, purchases, or other operations, SA 2112. Mr. DORGAN proposed an amend- bia Emergency Assistance Act of 2001’’: Pro- for any of the 2005 and subsequent crops of ment to the bill H.R. 2944, supra. vided, That the District of Columbia shall sugar beets and sugarcane by using the funds SA 2113. Ms. LANDRIEU (for herself and use local funds for any payments under this of the Commodity Credit Corporation or Mr. DEWINE) proposed an amendment to the heading: Provided further, That the Chief Fi- other funds available to the Secretary.’’; and bill H.R. 2944, supra. nancial Officer shall certify the availability (3) in subsection (j) (as redesignated by f of such funds, and shall certify that such paragraph (1))— funds are not required to address budget (A) by striking ‘‘subsection (f)’’ and insert- TEXT OF AMENDMENTS shortfalls in the District of Columbia.’’. ing ‘‘subsections (f) and (i)’’; and Page 63, line 8, after ‘‘expended.’’ insert the (B) by striking ‘‘2002’’ and inserting ‘‘2004’’. SA 2109. Ms. LANDRIEU (for herself, following new subsection: (d) TERMINATION OF MARKETING QUOTAS and Mr. DEWINE) proposed an amend- ‘‘(C) AVAILABILITY OF FY 2001 BUDGET RE- AND ALLOTMENTS.— ment to the bill H.R. 2944, making ap- SERVE FUNDS.—For fiscal year 2001, any (1) TERMINATION.—Part VII of subtitle B of propriations for the government of the amount in the budget reserve shall remain title III of the Agricultural Adjustment Act District of Columbia and other activi- available until expended.’’. of 1938 (7 U.S.C. 1359aa et seq.) is repealed. ties chargeable in whole or in part Page 68, line 6, insert the following as a (2) CONFORMING AMENDMENT.—Section against the revenues of said District new General Provision: 344(f)(2) of the Agricultural Adjustment Act SEC. 137. To waive the period of Congres- of 1938 (7 U.S.C. 1344(f)(2)) is amended by for the fiscal year ending September 30, sional review of the Closing of Portions of striking ‘‘sugar cane for sugar, sugar beets 2002, and for other purposes; as follows: 2nd and N Streets, N.E. and Alley System in for sugar,’’. On page 6, line 25, insert the following Square 710, S.O. 00–97, Act of 2001. Notwith- (e) OTHER CONFORMING AMENDMENTS.— after ‘‘inserting ‘‘1,100’’.’’: standing section 602(c)(1) of the District of

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Columbia Home Rule Act (sec. 1–233(c)(1), SEC. . The limitation on attorneys fees ‘‘(xiv) Such other information as the Sec- D.C. Code), the Closing of Portions of 2nd paid by the District of Columbia for actions retary, by regulation, determines is reason- and N Streets, N.E. and Alley System in brought under I.D.E.A. (20 U.S.C. 1400 et seq.) ably necessary to ensure aviation transpor- Square 710, S.O. 00–97, Act of 2001 (D.C. Act (Sec. 138) shall not apply if the plaintiff’s a tation safety pursuant to the laws enforced 14–106) shall take effect on the date of the en- child who is or administered by the Customs Service. actment of such Act or the date of the enact- (a) from a family with an annual income of ‘‘(3) AVAILABILITY OF INFORMATION.—Infor- ment of this Act, whichever is later. less than $17,600; or mation provided under paragraph (2) may be (b) from a family where one of the parents shared with other departments and agencies SA 2110. Mrs. HUTCHISON (for her- is a disabled veteran; or of the Federal Government, including the (c) where the child has been adjudicated as self and Mr. SESSIONS) proposed an Department of Transportation and the law neglected or abused. amendment to the bill H.R. 2944, mak- enforcement agencies of the Federal Govern- ing appropriations for the government SA 2112. Mr. DORGAN proposed an ment, for purposes of protecting the national of the District of Columbia and other amendment to the bill H.R. 2944, mak- security of the United States.’’. (2) CONFORMING AMENDMENTS.—Subpara- activities chargeable in whole or in ing appropriations for the government graphs (A) and (C) of section 431(d)(1) of such part against the revenues of said Dis- of the District of Columbia and other Act are each amended by inserting before the trict for the fiscal year ending Sep- activities chargeable in whole or in semicolon ‘‘or subsection (b)(2)’’. tember 30, 2002, and for other purposes; part against the revenues of said Dis- (b) PASSENGER INFORMATION.—Part II of as follows: trict for the fiscal year ending Sep- title IV of the Tariff Act of 1930 is amended Under ‘‘General Provisions’’ insert the fol- tember 30, 2002, and for other purposes; by inserting after section 431 the following lowing new section: as follows: new section: ‘‘SEC. 432. PASSENGER AND CREW MANIFEST IN- SEC. . (a) None of the funds contained in On page 68, between lines 4 and 5, insert this Act may be made available to pay the FORMATION REQUIRED FOR AIR the following: CARRIERS. fees of an attorney who represents a party SEC. 137. MANDATORY ADVANCED ELECTRONIC ‘‘(a) IN GENERAL.—For every person arriv- who prevails in an action or any attorney INFORMATION FOR AIR CARGO AND ing or departing on an air carrier required to who defends any action, including an admin- PASSENGERS ENTERING THE make entry or obtain clearance under the istrative proceeding, brought against the UNITED STATES. customs laws of the United States, the pilot, (a) AIR CARGO INFORMATION.— District of Columbia Public Schools under the master, operator, or owner of such car- (1) IN GENERAL.—Section 431(b) of the Tar- the Individuals with Disabilities Education rier (or the authorized agent of such owner iff Act of 1930 (19 U.S.C. 1431(b)) is amended— Act (20 U.S.C. 1400 et seq.) If— or operator) shall provide, by electronic (1) the hourly rate of compensation of the (A) by striking ‘‘(b) PRODUCTION OF MANI- transmission, manifest information specified attorney exceeds 300 percent of the max- FEST.—Any manifest’’ and inserting the fol- in subsection (b) in advance of such entry or lowing: imum amount of compensation under section clearance in such manner, time, and form as ‘‘(b) PRODUCTION OF MANIFEST.— 11–2604(b)(1), District of Columbia Code; or the Secretary shall prescribe. (2) the maximum amount of compensation ‘‘(1) IN GENERAL.—Any manifest’’; ‘‘(b) INFORMATION.—The information speci- of the attorney exceeds 300 percent of the (B) by indenting the margin of paragraph fied in this subsection with respect to a per- maximum amount of compensation under (1), as so designated, two ems; and son is— section 11–2604(b)(1), District of Columbia (C) by adding at the end the following new ‘‘(1) full name; Code, except that compensation and reim- paragraph: ‘‘(2) date of birth and citizenship; bursement in excess of such maximum may ‘‘(2) ADDITIONAL INFORMATION.— ‘‘(3) sex; be approved for extended or complex rep- ‘‘(A) IN GENERAL.—In addition to any other ‘‘(4) passport number and country of resentation in accordance with section 11– requirement under this section, every air issuance; 2604(c), District of Columbia Code; and carrier required to make entry or obtain ‘‘(5) United States visa number or resident (3) in no case may the compensation limits clearance under the customs laws of the alien card number, as applicable; in paragraphs (1) and (2) exceed $3,000. United States, the pilot, the master, oper- ‘‘(6) passenger name record; and (b) Notwithstanding the preceding sub- ator, or owner of such carrier (or the author- ‘‘(7) such other information as the Sec- section, if the Mayor and the Superintendent ized agent of such owner or operator) shall retary, by regulation, determines is reason- of the District of Columbia Public Schools provide by electronic transmission cargo ably necessary to ensure aviation transpor- concur in a Memorandum of Understanding manifest information specified in subpara- tation safety pursuant to the laws enforced setting forth a new rate and amount of com- graph (B) in advance of such entry or clear- or administered by the Customs Service. pensation, or a new limit referred to in sub- ance in such manner, time, and form as the ‘‘(c) AVAILABILITY OF INFORMATION.—Infor- section (a)(3), then such new rates or limits Secretary shall prescribe. The Secretary mation provided under this section may be shall apply in lieu of the rates and limits set may exclude any class of air carrier for shared with other departments and agencies forth in the preceding subsection to both the which the Secretary concludes the require- of the Federal Government, including the attorney who represents the prevailing party ments of this subparagraph are not nec- Department of Transportation and the law and the attorney who defends the action. essary. enforcement agencies of the Federal Govern- (c) Notwithstanding 20 U.S.C. § 1415, 42 ‘‘(B) INFORMATION REQUIRED.—The informa- ment, for purposes of protecting the national U.S.C. § 1988, 29 U.S.C. § 794a, or any other tion specified in this subparagraph is as fol- security of the United States.’’. law, none of the funds appropriated under lows: (c) DEFINITION.—Section 401 of the Tariff this Act, or in appropriations acts for subse- ‘‘(i) The port of arrival or departure, Act of 1930 (19 U.S.C. 1401) is amended by add- quent fiscal years, may be made available to whichever is applicable. ing at the end the following new subsection: pay attorneys’ fees accrued prior to the ef- ‘‘(ii) The carrier code, prefix code, or, both. ‘‘(t) AIR CARRIER.—The term ‘air carrier’ fective date of this Act that exceeds a cap ‘‘(iii) The flight or trip number. means an air carrier transporting goods or imposed on attorneys’ fees by prior appro- ‘‘(iv) The date of scheduled arrival or date passengers for payment or other consider- priations acts that were in effect during the of scheduled departure, whichever is applica- ation, including money or services ren- fiscal year when the work was performed, or ble. dered.’’. when payment was requested for work pre- ‘‘(v) The request for permit to proceed to (d) EFFECTIVE DATE.—The amendments viously performed, in an action brought the destination, if applicable. made by this section shall take effect 45 days against the District of Columbia Public ‘‘(vi) The numbers and quantities from the after the date of enactment of this Act. Schools under the Individuals With Disabil- master and house air waybill or bills of lad- ities Act (20 U.S.C. § 1400 et seq.). ing. SA 2113. Ms. LANDRIEU (for herself ‘‘(vii) The first port of lading of the cargo. and Mr. DEWINE) proposed an amend- SA 2111. Mr. DURBIN (for himself ‘‘(viii) A description and weight of the ment to the bill H.R. 2944, making ap- and Mrs. BOXER) proposed an amend- cargo. propriations for the government of the ment to the bill H.R. 2944, making ap- ‘‘(ix) The shippers name and address from District of Columbia and other activi- propriations for the government of the all air waybills or bills of lading. ‘‘(x) The consignee name and address from ties chargeable in whole or in part District of Columbia and other activi- against the revenues of said District ties chargeable in whole or in part all air waybills or bills of lading. ‘‘(xi) Notice that actual boarded quantities for the fiscal year ending September 30, against the revenues of said District are not equal to air waybill or bills of lading 2002, and for other purposes; as follows: for the fiscal year ending September 30, quantities. On page 68, after line 4, insert: 2002, and for other purposes; as follows: ‘‘(xii) Transfer or transit information. SEC. . The GAO, in consultation with the At the appropriate place insert the fol- ‘‘(xiii) Warehouse or other location of the relevant agencies and members of the Com- lowing: cargo. mittee on Appropriations Subcommittee on

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.002 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21943 DC Appropriations shall submit by January be United States District Judge for the USE OF CONTROLLED SUB- 2, 2002 a report to the Committees on Appro- Western District of Oklahoma, Clay D. STANCES FOR PHYSICIAN AS- priations of the House and the Senate and Land, to be United States District SISTED SUICIDE the Committee on Governmental Affairs of Judge for the Middle District of Geor- the Senate and the Committee on Govern- Mr. NICKLES. Madam President, in a ment Reform of the House of Representa- gia, Frederick J. Martone, to be United memorandum issued yesterday to Drug tives detailing the awards in judgment ren- States District Judge for the District Enforcement Administration chief Asa dered in the District of Columbia that were of Arizona, Danny C. Reeves, to be Hutchinson, Attorney General Ashcroft in excess of the cap imposed by prior appro- United States District Judge for the overturned a 1998 decision by Attorney priations acts in effect during the fiscal year Eastern District of Kentucky, Julie A. General Janet Reno that allowed for when the work was performed, or when pay- Robinson, to be United States District the use of controlled substances for ment was requested for work previously per- Judge for the District of Kansas, and physician assisted suicide. formed, in actions brought against the Dis- James Edward Rogan, of California, to trict of Columbia Public Schools under the Until June 5, 1998, everyone under- Individuals with Disabilities Act (20 U.S.C. be Under Secretary of Commerce for stood that assisted suicide was not a § 1400 et. seq.). Provided further, that such Intellectual Property and Director of ‘‘legitimate medical purpose.’’ On that report shall include a comparison of the the United States Patent and Trade- date, Attorney General Janet Reno cause of actions and judgments rendered mark Office. issued a letter carving out an exception against public school districts of comparable Witnesses will include Senators DON for Oregon to use Federally-controlled demographics and population as the District. NICKLES, MITCH MCCONNELL, JAMES substances for assisted suicide, a deci- f INHOFE, JON KYL, SAM BROWNBACK, PAT sion that overturned an earlier deter- AUTHORITY FOR COMMITTEES TO ROBERTS, MAX CLELAND, JIM BUNNING, mination by the Drug Enforcement Ad- MEET and ZELL MILLER. ministration and which was in direct conflict with 29 years of practice under The PRESIDING OFFICER. Without COMMITTEE ON AGRICULTURE, NUTRITION, AND the Controlled Substances Act. objection, it is so ordered. FORESTRY Attorney General Ashcroft wrote Mrs. MURRAY. Mr. President, I ask SELECT COMMITTEE ON INTELLIGENCE that assisting in a suicide is not a ‘‘le- unanimous consent that the Com- Mrs. MURRAY. Mr. President, I ask gitimate medical purpose’’ under fed- mittee on Agriculture, Nutrition, and unanimous consent that the Select eral law and determined that pre- Forestry be authorized to meet during Committee on Intelligence be author- scribing, dispensing, or administering the session of the Senate on Wednes- ized to hold a closed hearing on intel- federally controlled substances to as- day, November 7, 2001. The purpose of ligence matters on Wednesday, Novem- sist suicide violates the Controlled this hearing will be to continue mark- ber 7, 2001, at 3:30 p.m. Substances Act, regardless of whether up on the next Federal farm bill. State law authorizes or permits such The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without conduct by practitioners. objection, it is so ordered. objection, it is so ordered. This important decision restores the COMMITTEE ON FOREIGN RELATIONS SUBCOMMITTEE ON ANTITRUST, BUSINESS uniform national standard that feder- Mrs. MURRAY. Mr. President, I ask RIGHTS AND COMPETITION ally-controlled substances can not be unanimous consent that the Com- Mrs. MURRAY. Mr. President, I ask used for the purpose of assisted suicide mittee on Foreign Relations be author- unanimous consent that the Com- by applying the law to all 50 states. ized to meet during the session of the mittee on the Judiciary Subcommittee Federal law is clearly intended to Senate on Wednesday, November 7, on Antitrust, Business Rights and prevent use of these drugs for lethal 2001, at 2 p.m., to hold a nomination Competition be authorized to meet to overdoses, and contains no exception hearing. conduct a hearing on Wednesday, No- for deliberate overdoses approved by a vember 7, 2001, at 2 p.m., in Dirksen 226. physician. The Controlled Substances Agenda Act requires that these substances can Tentative witness list for ‘‘Inter- Nominees only be used for a ‘‘legitimate medical national Aviation Alliances: Market purpose’’ in the interest of ‘‘public Panel 1: John Marshall, of Virginia, Turmoil and the Future of Airline health and safety’’. Assisted suicide to be an Assistant Administrator (Man- Competition’’: Donald Carty, President can neither be counted as a ‘‘legitimate agement) of the United States Agency and Chief Executive Officer, American medical purpose’’ or in the interest of for International Development and Airlines; Leo Mullen, Chief Executive ‘‘public health and safety.’’ Constance Newman, of Illinois, to be an Officer, Delta Airlines; Richard Ander- I have personally been a long, strong Assistant Administrator (for Africa) of son, Chief Executive Officer, Northwest advocate of States’ rights and the lim- the United States Agency for Inter- Airlines; Richard Branson, Chief Exec- ited role of the Federal Government. national Development. utive Officer, Virgin Atlantic Airlines; This decision neither overturns or pre- Panel 2: Cynthia Perry, of Texas, to Roger Maynard, Director of Alliances empts any State legislation related to be United States Director of the Afri- and Strategy, British Airways; and suicide. Instead, it clarifies that the can Development Bank for a term of Larry Kellner, President, Continental dispensing of controlled substances for five years; Jose Fourquet, of New Jer- Airlines. the purpose of assisted suicide is pro- sey, to be United States Executive Di- The PRESIDING OFFICER. Without hibited under longstanding federal law. rector of the Inter-American Develop- objection, it is so ordered. Because of Attorney General Reno’s ment Bank for a term of three years; letter, for three years the federal gov- and Jorge Arrizurieta, of Florida, to be SUBCOMMITTEE ON INTERNATIONAL SECURITY, PROLIFERATION AND FEDERAL SERVICES ernment has been complicite in allow- United States Alternate Executive Di- ing the use of Federally controlled sub- rector of the Inter-American Develop- Mrs. MURRAY. Mr. President, I ask stances for the specific purpose of caus- ment Bank. unanimous consent that the Com- ing death—in my opinion, in violation The PRESIDING OFFICER. Without mittee on Governmental Affairs’ Sub- of Federal law. There is no role for the objection, it is so ordered. committee on International Security, Federal Government in providing as- COMMITTEE ON THE JUDICIARY Proliferation and Federal Services be sisted suicide. I compliment Attorney Mrs. MURRAY. Mr. President: I ask authorized to meet on Wednesday, No- General Ashcroft’s decision to return unanimous consent that the Com- vember 7, 2001, at 2:30 p.m., to hold a to the correct and only reasonable in- mittee on the Judiciary be authorized hearing entitled ‘‘Current and Future terpretation of the Controlled Sub- to meet to conduct a hearing on Weapons of Mass Destruction Prolifera- stances Act. Federally controlled sub- Wednesday, November 7, 2001, at 10 tion Threats.’’ stances should be used for a ‘‘legiti- a.m., in Dirksen room 226, to consider The PRESIDING OFFICER. Without mate medical purpose’’ and not for as- the nominations of Joe L. Heaton, to objection, it is so ordered. sisted suicide.

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.002 S07NO1 21944 CONGRESSIONAL RECORD—SENATE November 7, 2001 In my opinion, this is very good news referendum. That is what they tried to the disagreeing votes of the two for patients and health care providers do. Houses, and the Chair be authorized to in all 50 States. Yesterday’s decision So again I compliment Attorney Gen- appoint conferees on the part of the encourages doctors to aggressively use eral John Ashcroft for his decision and Senate, with this action occurring with Federally-controlled drugs to treat for his memorandum to Asa Hutch- no further intervening action or de- pain while making sure that one State inson, who is the Drug Enforcement bate. cannot overturn Federal law. This Administration chief. I think both are The PRESIDING OFFICER. Without move by Attorney General Ashcroft doing an outstanding job, and I think objection, it is so ordered. was absolutely the right thing to do the decision is good news for patients f and I applaud him for it. because now these drugs can be used to MEASURE PLACED ON THE A couple of other editorial com- alleviate pain. CALENDAR—S. 1428 ments: I heard someone say, Well, wait I still hope we will pass legislation to a minute; this directly overturns Or- encourage the use of these very strong Mr. REID. Madam President, I ask egon law. It does not. Conversely, the drugs to alleviate pain. We have thou- unanimous consent that S. 1428 be re- State of Oregon cannot overturn Fed- sands of citizens all across this country turned to the calendar. eral law, and that is what the State of who are suffering greatly, and they The PRESIDING OFFICER. Without Oregon tried to do. should be allowed and encouraged to objection, it is so ordered. Federal law has been in effect for 29 use these very strong drugs to alleviate f years. The Controlled Substances Act the pain. If that is the purpose, that is ORDERS FOR THURSDAY, goes way back, and it said the Federal fine. If the purpose is to cause their NOVEMBER 8, 2001 Government regulates the use of these death by suicide, assisted by a doctor Mr. REID. Madam President, I ask very strong and in some cases deadly or not, that is not right. That is not al- unanimous consent that when the Sen- drugs. The Federal law states it can lowed under this statute. This statute ate completes its business today, it ad- only be used for a legitimate medical cannot allow these very strong drugs journ until the hour of 10 a.m. on purpose. to be used to alleviate pain. Thursday, November 8; that following The State of Oregon tried to pass by We should encourage that. Senator the prayer and the pledge, the Journal referendum a law that says these drugs LIEBERMAN and I have introduced legis- of proceedings be approved to date, the can be used for assisted suicide. The lation to that end, and I hope and ex- morning hour be deemed expired, the Drug Enforcement Administration said pect we can get that passed in the not- time for the two leaders be reserved for they cannot be used for assisted sui- too-distant future. their use later in the day, and that the cide. I yield the floor. Senate begin consideration of the in- Attorney General Reno made a seri- I suggest the absence of a quorum. ous mistake 3 years ago when she said The PRESIDING OFFICER. The telligence authorization bill. The PRESIDING OFFICER. Without it was okay. She was wrong. She was clerk will call the roll. objection, it is so ordered. overturning basically and not inter- The assistant legislative clerk pro- preting the law correctly, not agreeing ceeded to call the roll. f with the Drug Enforcement Agency Mr. REID. Madam President, I ask ADJOURNMENT UNTIL 10 A.M. that said they never could be used. unanimous consent that the order for TOMORROW They reviewed it extensively. I think the quorum call be rescinded. Mr. REID. Madam President, if there she made a serious mistake, and as a The PRESIDING OFFICER. Without is no further business to come before result some physicians in Oregon were objection, it is so ordered. the Senate, I ask unanimous consent using federally controlled drugs to as- f that the Senate stand in adjournment sist in death. under the previous order. Attorney General Ashcroft has over- UNANIMOUS CONSENT AGREEMENT—S. 1428 There being no objection, the Senate, turned her letter. Her letter, in my at 5:51 p.m., adjourned until Thursday, opinion, was in direct contradiction of Mr. REID. Madam President, I ask November 8, 2001 at 10 a.m. unanimous consent that at 10 a.m. on law. It was very explicit. These drugs f can only be used for a legitimate med- Thursday, November 8, the Senate pro- ical purpose, and assisted suicide was ceed to the consideration of Calendar NOMINATIONS never considered a legitimate medical No. 214, S. 1428, the intelligence author- Executive nominations received by purpose. ization bill; that other than com- the Senate November 7, 2001: Attorney General Ashcroft has now mittee-reported amendments, all DEPARTMENT OF THE INTERIOR amendments be limited to relevant corrected that. Somebody says he has REBECCA W. WATSON, OF MONTANA, TO BE AN ASSIST- overturned Oregon law. No. What he amendments, and any second-degree ANT SECRETARY OF THE INTERIOR, VICE SYLVIA V. did was interpret the Federal statute amendments be relevant to the amend- BACA, RESIGNED. exactly as it was written, exactly as it ment to which it was offered with the DEPARTMENT OF STATE has been interpreted for the last 30 exception of the Smith of New Hamp- JOHN V. HANFORD III, OF VIRGINIA, TO BE AMBAS- SADOR AT LARGE FOR INTERNATIONAL RELIGIOUS years, and overturned Attorney Gen- shire amendment relating to immigra- FREEDOM, VICE ROBERT A. SEIPLE. eral Janet Reno’s mistaken interpreta- tion deportation, and a Leahy or des- FEDERAL HOUSING FINANCE BOARD ignee amendment on the same subject tion of law. FRANZ S. LEICHTER, OF NEW YORK, TO BE A DIRECTOR The fact is, neither Oregon nor Okla- as the Smith amendment; that rel- OF THE FEDERAL HOUSING FINANCE BOARD FOR A TERM homa can overrule Federal law. If so— evant second-degree amendments be in EXPIRING FEBRUARY 27, 2006, VICE DANIEL F. EVANS, JR., TERM EXPIRED. we have Federal laws against cocaine— order to these two amendments; that ALLAN I. MENDELOWITZ, OF CONNECTICUT, TO BE A DI- some States could say, we are going to upon the disposition of all amendments RECTOR OF THE FEDERAL HOUSING FINANCE BOARD FOR A TERM EXPIRING FEBRUARY 27, 2007, VICE BRUCE A. legalize cocaine. But they cannot do the bill be read a third time, and the MORRISON, TERM EXPIRED. that. Individual States cannot over- Senate then proceed to Calendar No. NATIONAL LABOR RELATIONS BOARD turn Federal statutes. That is exactly 188, H.R. 2883, the House companion; DENNIS P. WALSH, OF MARYLAND, TO BE A MEMBER OF what the State of Oregon tried to do. that all after the enacting clause be THE NATIONAL LABOR RELATIONS BOARD FOR THE TERM OF FIVE YEARS EXPIRING DECEMBER 16, 2004, VICE They were mistaken in their legisla- stricken, and the text of S. 1428, as SARAH MCCRACKEN FOX, RESIGNED. tive approach through the referendum. amended, if amended, be inserted in f Some people say this is denying the lieu thereof, the bill be read a third people of Oregon their right to vote. time and passed, the motion to recon- WITHDRAWAL That is not correct. The people of Or- sider be laid upon the table; that the Executive message transmitted by egon can vote all they want. They just Senate insist on its amendment and re- the president to the senate on Novem- cannot change public law by a public quest a conference with the House on ber 7, 2001, withdrawing from further

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR01\S07NO1.002 S07NO1 November 7, 2001 CONGRESSIONAL RECORD—SENATE 21945 senate consideration the following W. MICHAEL COX, OF GEORGIA, TO BE AN ASSISTANT SECRETARY OF LABOR, WHICH WAS SENT TO THE SEN- nomination: ATE ON OCTOBER 18, 2001.

VerDate Aug 04 2004 08:51 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00064 Fmt 0686 Sfmt 9801 E:\BR01\S07NO1.002 S07NO1 21946 EXTENSIONS OF REMARKS November 7, 2001 EXTENSIONS OF REMARKS

TRIBUTE TO LOURDES M. nity a role model whose achievements have PETER B. MARSHALL, 2001 DENNISON contributed significantly to the betterment of WACHUSETT CHAMBER OF COM- Northwest Indiana. As a testament to her pro- MERCE ‘‘PERSON OF THE YEAR’’ HON. PETER J. VISCLOSKY fessionalism, she was granted the honor of OF INDIANA being named a lifetime member of the Phil- HON. JAMES P. McGOVERN IN THE HOUSE OF REPRESENTATIVES ippine Professionals Association. Her success OF MASSACHUSETTS is to be applauded. IN THE HOUSE OF REPRESENTATIVES Wednesday, November 7, 2001 Mr. Speaker, I ask that you and my other Mr. VISCLOSKY. Mr. Speaker, it is my dis- distinguished colleagues join me in congratu- Wednesday, November 7, 2001 tinct pleasure to announce that the Asian- lating Lourdes M. Dennison for receiving the Mr. MCGOVERN. Mr. Speaker, I rise to American Medical Society will be hosting the 2001 Crystal Globe Award from the Asian- honor Peter B. Marshall of West Boylston, 25th Annual Asian-American Medical Society American Medical Society. Her service and Massachusetts, an outstanding citizen of the Gala on Saturday, November 10, 2001, at Av- dedication inspire us all to greater deeds. 3rd Congressional District. Mr. Marshall was alon Manor in Hobart, Indiana. Each year, this f selected the 2001 ‘‘Person of the Year’’ by the society honors prominent, extraordinary resi- Wachusett Chamber of Commerce. He was 100TH ANNIVERSARY OF THE dents of Northwest Indiana for their contribu- chosen from three dozen nominees based MCKINLEY BAPTIST CHURCH, tions to the community. In recognition of their upon his dedication, hard work, and commit- WILLOW GROVE, PENNSYLVANIA tremendous efforts for the betterment of North- ment to improving the quality of life for every- west Indiana, they are honored at a banquet one in the Waschusett Chamber area. Mr. and awarded the prestigious Crystal Globe HON. JOSEPH M. HOEFFEL Marshall has contributed and continues to play Award. This Saturday, Lourdes M. Dennison OF PENNSYLVANIA an important role in the community. He served will be presented with the Crystal Globe IN THE HOUSE OF REPRESENTATIVES as President of the Clinton Rotary Club, and Award for her dedication and devotion to her Wednesday, November 7, 2001 Chairman of the Wachusett Chamber of Com- community. Mr. HOEFFEL. Mr. Speaker, I rise today in merce. Currently, he is Corporator of the Clin- Lourdes M. Dennison exemplifies the sense celebration of the one hundredth anniversary ton Savings Bank, a member of the Clinton of selflessness that is prevalent among the of the McKinley Baptist Church in Willow Hospital Foundation, and Chairman of the citizens of Indiana’s First Congressional Dis- Grove, Pennsylvania. The church has had a Clinton High School-Nypro First Partnership. trict. Her dedication to improving the welfare of long commitment to serving the spiritual needs Those who nominated him describe Mr. Mar- the citizens of Northwest Indiana is evident as of the community. shall as a leader who brings out the best in one learns of the various organizations that The McKinley Memorial Baptist Church was others and a man of integrity and passion for are enriched by her involvement. As a reg- established in 1901. The founding members of his family and community. Mr. Marshall has istered nurse, Mrs. Dennison’s abilities focus the church named it in honor of the late Presi- been instrumental in the success of the Clin- upon caring for individuals whose lives are af- dent William McKinley. The church began as ton High School-Nypro participation in the First fected by an illness or by a disability. Drawing a prayer group with the original members be- Science & Robotics program which has grown upon the knowledge gleaned from this intimate longing to the Salem Baptist Church in into an international event. Because of his patient/caregiver relationship, Mrs. Dennison Jenkintown, Pennsylvania. The new church leadership in this endeavor, the partnership has extended her commitment to others by members met at the home of A.T. Cottom to has received many prestigious awards includ- serving on the boards of the Hospice of Cal- organize a new church, which would be for- ing a national championship in this event. umet Region, the Lake Area United Way, the mally recognized as a Baptist Church in June, Mr. Marshall recently retired as Vice Presi- Tradewinds Rehabilitation Center, and the 1902. The church began a new era in 1970 dent after 25 years with Nypro, Inc., a world Saint Mary Medical Center Foundation. In ad- under the inspiring leadership of the Reverend renowned injection molding company based in dition, she served as the past president of the Lowell M. McCown, Sr. Clinton, Massachusetts. He has been a vital Lake County Medical Auxiliary. Through the years both the McKinley part of that company which is ranked in the Mrs. Dennison offers her services and time Church family and the programs offered have top ten among North American injection mold- to other professional organizations as well. grown in Christian brotherhood. The church ing companies with annual sales of over 600 She has been involved with the Women’s As- continues its tradition of developing and spon- million dollars. Mr. Marshall is truly deserving sociation of the Northwest Indiana Symphony soring community outreach programs. These of recognition for his professional accomplish- Society, with the Endowment Board of North- include the Youth Scholarship Fund, the Presi- ments and community leadership. I would like ern Indiana Arts Association, and with the Indi- dent’s Council, the Board of Christian Edu- to join his family, friends, and business col- ana Dunes Environmental Learning Center, all cation, the Missionary Circle, the Young Adult leagues in paying tribute to him for his excep- of which play an essential part in the cultural Ministry, and the Drama Ministry. tional service and offer my very best wishes development of the First Congressional Dis- In 1976, McKinley Memorial Baptist Church for the future. trict. Furthermore, in spite of her taxing sched- created the Willow Grove Senior Citizen Cen- f ule, Mrs. Dennison received her real estate ter and named Pastor McCown as its execu- education from Indiana University, a feat that tive director. The Center serves the needs of HONORING MID VALLEY has allowed her to be an active partner in real the elderly in the community, providing them PACKAGING estate developments in both Lake and Porter with an atmosphere of Christian fellowship. counties. While the above mentioned endeav- Throughout its history, McKinley Baptist HON. GEORGE RADANOVICH ors consume a significant amount of her time, Church has served the needs of many parish- OF CALIFORNIA Mrs. Dennison manages to serve on the ioners. It has been successful in bringing IN THE HOUSE OF REPRESENTATIVES Catholic Board of Trustees. The medical, cul- many people together in Christian brother- tural, and religious communities of Northwest hood. As one of the oldest churches in Mont- Wednesday, November 7, 2001 Indiana are all enriched by her active partici- gomery County, it stands as a pillar of Mr. RADANOVICH, Mr. Speaker, I rise pation. strength and prosperity in the Willow Grove today to honor Mid Valley Packaging on the By recognizing the efforts of Mrs. Dennison, community. It is a privilege to recognize occasion of their 21st year anniversary. Mid a native Filipino, the Asian-American Medical McKinley Memorial Baptist on its one hun- Valley Packaging has been a supplier of qual- Society offers to the Asian-American commu- dredth anniversary. ity packaging since its inception in 1980.

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

VerDate Aug 04 2004 08:52 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR01\E07NO1.000 E07NO1 November 7, 2001 EXTENSIONS OF REMARKS 21947 Mid Valley Packaging is a distributor of agri- nerships with social service providers such as United local and state units are active in a cultural and industrial packaging supplies. group homes, domestic violence agencies, broad spectrum of community ministries, in- Their business is a great service in an area homeless shelters, and juvenile hall. cluding prison ministries, food pantries, tutor- where agriculture and agriculture distribution The East Bay Center for the Performing Arts ing and child care, and job skills training. On supplies are very necessary and important. has been the recipient of many awards and a national level, Church Women United works Husband and wife John and Lorrie honors over the years. Among those recently in coalition with partner groups around com- Gahvejian started Mid Valley Packaging in received by the Center are: a ‘‘2001 Youth to mon issues and concerns. January of 1980. The Gahvejian’s began as Youth Award’’ from the San Francisco Foun- On Friday, the Gary Chapter of Church the first two employees of Mid Valley Pack- dation’s Youth Initiative Leadership Program; Women United will honor all of its past presi- aging. ‘‘2001 Community Impact Award’’ from the dents for their devotion to Christianity. Those Today, Mid Valley Packaging employs over Iron Triangle Neighborhood Council and Com- being honored include: Clara Guster Nichol- 50 people out of their headquarters in Fowler, munity Collaborative; ‘‘1999 Coming Up Taller son, elected in 1971; Mary Glidewell, elected California. Mid Valley Packaging has always Award’’ supported by the President’s Commis- in 1980; Mynette Cope, elected in 1987; Max- been located in the quaint city of Fowler, sion on the Arts and the Humanities and the ine Watts Levels, elected in 1992; Velma which is famous for their abundant raisin pro- National Endowment for the Arts, ‘‘1999 Cyril Richardson, elected in 1996; Susie Threatt, duction. Magnin Award for Outstanding Achievement in elected in 1999; and current president, Madlyn John and Lorrie’s business philosophy has the Arts’’ presented by the Business Arts C. Adams, elected in 2001. These women always been to offer customers the highest Council, a project of the San Francisco Cham- have come together in fellowship to witness to level of service combined with the most com- ber of Commerce; ‘‘Governors Award for Com- their faith in Jesus Christ and, enabled by the Holy Spirit, to go out together in every neigh- petitive price. Much of their growth can be at- munity Service for 1999’’ from the Board of tributed to their willingness and ability to re- borhood as instruments of reconciling love. Governors of the San Francisco Chapter of Mr. Speaker, I ask you and my other distin- spond quickly to their customer’s needs. the National Academy of Recording Arts and guished colleagues to join me in congratu- Mid Valley Packaging has been recognized Sciences (NARAS); and ‘‘1998 Honor Roll lating the past presidents of Church Women by many vendors and customers as a leader Winner’’ in the category of ‘‘Communities that United of Gary, Indiana for their strong com- in the packaging industry. In 1997, the Fowler are Safe and Provide a High Quality of Life’’, mitment to social justice, to human rights, to Chamber of Commerce selected Mid Valley awarded by the Contra Costa Children and civil rights and to the welfare and benefit of Packaging as the ‘‘Industry of the Year.’’ Families Policy Forum. women and children so that all may flourish. Mr. Speaker, I rise to pay tribute to Mid Val- Mr. Speaker, I commend the East Bay Cen- f ley Packaging on the occasion of their 21st ter for the Performing Arts for its commitment year anniversary celebration. I urge my col- to excellence and its efforts to ensure that the HONORING GUIDO J. MARTINELLI, leagues to join me in honoring Mid Valley opportunities for a quality education in the arts MONTGOMERY COUNTY, (PENN- Packaging and wishing the Gahvejian family should be available to all persons, regardless SYLVANIA) CHAMBER OF COM- many more years of continued success. of background, age, physical disabiilty, pre- MERCE OUTSTANDING CITIZEN f vious experience or ability to pay standard AWARD fees. I applaud the Center for its efforts to en- EAST BAY CENTER FOR THE PER- gage the arts, which speak to our common hu- HON. JOSEPH M. HOEFFEL FORMING ARTS CELEBRATES manity, as a vehicle for social reconciliation OF PENNSYLVANIA 33RD ANNIVERSARY and social change. IN THE HOUSE OF REPRESENTATIVES f HON. GEORGE MILLER Wednesday, November 7, 2001 Mr. HOEFFEL. Mr. Speaker, I rise today to OF CALIFORNIA CONGRATULATIONS TO CHURCH WOMEN UNITED honor Guido J. Martinelli, who has been IN THE HOUSE OF REPRESENTATIVES awarded the Montgomery County, (Pennsyl- Wednesday, November 7, 2001 HON. PETER J. VISCLOSKY vania) Chamber of Commerce ‘‘Outstanding Mr. GEORGE MILLER of California. Mr. Citizen Award,’’ for his many years of dedi- OF INDIANA cated service to his community. Speaker, I rise today to commend the East IN THE HOUSE OF REPRESENTATIVES Bay Center for the Performing Arts on the oc- Guido was born and raised in casion of its 33rd Anniversary. Each year, Wednesday, November 7, 2001 Conshohocken, Pennsylvania as the fourth of East Bay Center programs benefit more than Mr. VISCLOSKY. Mr. Speaker, it is with five children of Italian immigrants. After grad- uating from Norristown High School in 1955, 25,000 members of the ethnically diverse, low- great pleasure and high regard that I con- he took a position with the Montgomery-Nor- income, inner-city communities in and around gratulate a very special group of women within ristown Penn Trust which was the forerunner Richmond, California. Since its founding in Indiana’s First Congressional District. On Fri- of the PNC bank. He quickly ascended 1968, East Bay Center has directly touched day, November 9, 2001, the members of through the ranks of the bookkeeping depart- the lives of over 700,000 people. Its Art and Church Women United of Gary, Indiana will be ments, advancing all the way to assistant Public Education Outreach Program reaches holding their Recognition Dinner at Turkey branch manager and then was granted the an average of 2,500 students per week in 24 Creek Banquet Facilities in Merrillville, Indiana. first corporate title of assistant secretary. schools in two school districts. Center faculty, Church Women United is a national ecu- Guido received numerous promotions culmi- staff and board members reflect the commu- menical movement of Christian women whose nating with the rank of branch manager of the nity they serve in terms of ethnicity, economic life centers around prayer, Bible study, advo- Continental Bank, in Norristown. He retired background and family structure. Together, the cacy and action. Founded in 1951, Church from PNC Bank in 1998 after forty-three years’ staff and faculty speak more than 15 lan- Women United is organized in over 1,400 service. But his retirement did not last long as guages. local and state units in the United States and he accepted the position of vice president in The Center nurtures a critical range of mi- Puerto Rico. business development with the Progress Bank nority and mainstream arts, including over 12 The members of Church Women United are where he still is currently employed. culturally distinct repertoire forms, and sus- Protestant, Roman Catholic, Orthodox and In addition to his stellar career in the finan- tains nine culturally distinct Resident Compa- other Christian women who are called by the cial services sector, community service has nies providing 30–40 low or no-cost perform- Holy Spirit to act for justice on behalf of been extremely important to Guido. He cur- ances each year. Those resident companies women and children throughout the global rently serves on the board of the Montgomery are: Iron Triangle Theater, Richmond BLOCO, community. Biblically based through their County Chamber of Commerce and has been Son de la Tierra, Mien Legends, My View Film shared Christian faith, the women are gifted active with the organization for seventeen Crew, Richmond Jazz Collective, Youth West by their diversity of race, economics, age, cul- years. He currently serves as a board member African Music And Dance Ensemble, Rich- ture and theology. of the Senior Adult Activities Center of Mont- mond Chamber Ensemble, and Richmond Bal- Church Women United brings Christian gomery County. He participates in the Norris- let Theater. The Center’s Living the Mission women together for spiritual nourishment and town Lions Club, the Norristown Rotary Club programs involve the Center in ongoing part- faith based advocacy. The Church Women and the Meals on Wheels program.

VerDate Aug 04 2004 08:52 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR01\E07NO1.000 E07NO1 21948 EXTENSIONS OF REMARKS November 7, 2001 Guido and his wife Janet have been married dreams into reality. Through programs that of patients to their full-time care and helped for forty years. They are the proud parents of provide incentives for young African-Ameri- thousands more on an outpatient basis. More- three children and three grandchildren. cans pursuing careers in entrepreneurial busi- over, Boyd also has a strong physical therapy I am pleased and honored to present this ness—particularly the fields of real estate and program and a crack ER staff—this hospital award to Guido Martinelli. His dedication to his insurance—the Foundation also encourages has undoubtedly saved many hundreds of community is commendable. students to remain sensitive to the civil issues lives. Especially in these troubled times, it is f surrounding them. The mission of the founda- comforting for the people of Carrollton to know tion is one which seeks to foster and encour- that they are being served by such a skilled HONORING SUPERVISOR SHARON age the success, commitment, and character institution. LEVY that Mr. Montgomery exemplified with his Over the last sixty years, the staff of Boyd many accomplishments and achievements. Hospital has acted with care, compassion, and HON. GEORGE RADANOVICH As an active participant in the landmark competence. And though the deeds them- OF CALIFORNIA Clarendon County school desegregation case, selves are perhaps reward enough for the IN THE HOUSE OF REPRESENTATIVES Briggs vs. Elliott—one of the five cases which staff of Boyd Hospital, I think it appropriate became Brown vs the Board of Education of that on this special day they are recognized. Wednesday, November 7, 2001 Topeka, Kansas, Mr. Montgomery dem- So, on behalf of the people of Carrollton Mr. RADANOVICH. Mr. Speaker, I rise onstrated tremendous courage and determina- and of the great State of Illinois, I would like today to pay tribute to Fresno County Super- tion. He worked very closely with Thurgood H. to thank them for their efforts—they are great- visor Sharon Levy for her years of dedicated Marshall coordinating many activities of the ly needed and greatly appreciated. As a token service to the community. plaintiffs and the NAACP attorneys. of that appreciation, I would like to list some Sharon Levy was first elected to the Fresno He served as the First Executive Secretary of their names here for the CONGRESSIONAL County Board of Supervisors in 1975 and was of the South Carolina Branches of the RECORD: Dr. Adams, Dr. Reid, Dr. Turpin, Dr. reelected for a 7th term in March of 1996. She NAACP, Treasurer of the Orangeburg NAACP, Mapue, Dr. Khalisia, Dr. Parcon, Dr. Casleton, served as Governor Deukmejian’s Appointee and was a Life Member of the NAACP. He Dr. Voights, Dr. Harmon, Dr. McNeer, Dr. to the State Board of Corrections and currently was a faithful member of Trinity United Meth- Dizon, Dr. Palcheff, and Deb Campbell. serves as a member of Fresno County Chil- odist Church, a partner in the first black- Thank you all, and may God bless you and dren & Families First Commission (Chairman), owned real estate and insurance company in your work. Fresno County Transportation Authority, San Orangeburg, South Carolina, and owner of f Joaquin River Conservancy, Selma-Kingsburg- Montgomery and Company Insurance Com- RESERVISTS EDUCATION Fowler County Sanitation, Fresno Rotary, pany. He was a Postal Service retiree, a PROTECTION ACT OF 2001 Board of Governors of the California State Mason, and an active member of the Veterans University (Fresno Foundation), Airport Land of Foreign Wars (VFW). Use Commission, Co-Chairman of Adult Vol- A former member of the Orangeburg Zoning HON. CHRISTOPHER H. SMITH unteer Crossing Guard Program, COG Rail and Appeals board, the Human Rights Coun- OF NEW JERSEY Committee, Domus Mitis Foundation. cil, the South Carolina Governor’s School for IN THE HOUSE OF REPRESENTATIVES Supervisor Levy’s past committee and board the Arts, Junior Achievement, and a founder of Wednesday, November 7, 2001 Memberships include: Fresno County Planning the National Association for Real Estate Bro- Mr. SMITH of New Jersey. Mr. Speaker, Commission, Workforce Development, Fresno kers, Mr. Montgomery was a member of the today I am pleased to introduce the Reservists Convention Visitors Bureau, Philharmonic Orangeburg Chamber of Commerce and the Education Protection Act of 2001. Original co- Board, Valley Children’s Hospital Board, Past- Orangeburg School District Five Foundation sponsors of this legislation include my good President of Jr. League of Fresno, Past-Presi- Committee at the time of his death in 1996. friend Lane Evans (D–IL), the Ranking Demo- dent of Women’s Symphony League, Past- Mr. Montgomery was a fine citizen in every cratic Member of the VA Committee and 31 President of Mallock PTA, Former Den Moth- respect. His wife Georgia continues much of other Members of the House. This bill would er. his ideas and ideals today with her own com- reinstate VA educational entitlement to certain Sharon is married to Joe Levy. They have munity service endeavors and support of the Active Duty servicemembers and veterans in three children and 8 grandchildren. Foundation named in his honor. reserve components called up for Operation Mr. Speaker, I rise to pay tribute to Sharon Mr. Speaker, I ask you and my colleagues Enduring Freedom and future national emer- Levy for her active and distinguished commu- to join me today in paying tribute to Eugene gencies. nity involvement. I urge my colleagues to join A.R. Montgomery, whose life’s visions live on Up to 10,000 of the 50,000 Reservists re- me in wishing Sharon Levy many more years and continue to foster and encourage young cently called to active duty by President Bush of continued success. people through the Eugene A.R. Montgomery as a result of the September 11th attacks f Foundation. I wish the Foundation good luck against the United States would lose edu- and Godspeed in carrying out the visions and cational assistance entitlement if they are TRIBUTE TO MR. EUGENE A.R. honoring the legacy of a fine American who forced to disenroll from school. Many of them MONTGOMERY exemplified the concept of leading by exam- would also lose the tuition they paid. ple. The Reservists Education Protection Act of HON. JAMES E. CLYBURN f 2001 would restore monthly entitlement to (a) OF SOUTH CAROLINA veterans in reserve components who are 60TH ANNIVERSARY OF BOYD IN THE HOUSE OF REPRESENTATIVES using the Montgomery GI Bill (MGIB) earned HOSPITAL by prior active duty, and (b) regular Active Wednesday, November 7, 2001 Duty servicemembers and veteran reservists Mr. CLYBURN. Mr. Speaker, I rise today to HON. JOHN SHIMKUS who are transferred to a new duty station or pay tribute to Mr. Eugene A.R. Montgomery OF ILLINOIS assignment. who was a longtime friend and mentor. Mr. IN THE HOUSE OF REPRESENTATIVES The Reservists Education Protection Act of Montgomery was a true champion of civil 2001 would cover any such servicemember in- rights, a reputable leader in the business and Wednesday, November 7, 2001 volved in a national emergency after Sep- real estate arenas, and an inspiration to all Mr. SHIMKUS. Mr. Speaker, I rise today to tember 11, 2001. (Note: Reservists using the members of his community. The Eugene A.R. pay tribute to Boyd Hospital on this, the 60th MGIB-Selected Reserve program already have Montgomery Foundation at South Carolina Anniversary of its service to Carrollton and entitlement restoration benefits, and additional State University carries on the legacy of serv- Greene County, Illinois. time to use their benefit.) ice that Mr. Montgomery began and cultivated For over half a century, the Boyd Hospital Active Duty servicemembers and veterans throughout his lifetime. has been administering to the needs of the are currently entitled to 36 months of edu- I commend the Eugene A.R. Montgomery people of Carrollton and the surrounding cational benefits; this bill assures that no enti- Foundation for helping students with dreams areas. And they have been successful; in this tlement is lost due to mobilization. The Re- of entering the business world turn those last year alone, they have admitted hundreds servists Education Protection Act of 2001 is

VerDate Aug 04 2004 08:52 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR01\E07NO1.000 E07NO1 November 7, 2001 EXTENSIONS OF REMARKS 21949 similar to the relief that Congress provided of Orange Cove. Mr. Obledo received the for being named a Farm Advisor Award finalist during the Persian Gulf War. award at a ceremony held on July 20, 2001. by the Friends of Agricultural Extension. The The servicemember would also regain time Obledo has an extensive educational back- Friends of Agricultural Extension will recognize to attend school by extending their Mont- ground as well as a long career in public serv- Marcia at their annual awards dinner. gomery GI Bill delimiting date by their mobili- ice. He received a degree in pharmacy in Marcia is the Stanislaus County Agronomy zation tour of duty, plus four months, to the 10 1957. Three years later he earned a Doctor of Farm Advisor. She has developed a program years that they already have. For example, if Law degree. Mr. Obledo served as Assistant on the subject of the ‘‘Use of Dairy Lagoon a servicemember is mobilized for six months, Attorney General for the State of Texas, and Water as a Nutrient Source for Crops.’’ he or she would have 10 months added to also served as Secretary of Health and Wel- Through her program she has developed prac- their delimiting date. fare in the State of California. He has also tical tools, such as a Nitrogen Quick Test and Active Duty servicemembers and veterans served as a member of the faculty at Harvard a flow meter/valve configuration, to help crop enrolled in the Post-Vietnam Era Veterans’ Law School. producers evaluate nutrient levels achieved by Educational Assistance Program (VEAP) Along with his time in public office and the application of manure products. Marcia is (chapter 32) and Survivors and Dependants teaching in the classroom, Mr. Obledo is ac- continuing to refine and promote the use of Educational Assistance (chapter 35) would tive in several community organizations. He is these procedures, as well as several other val- the co-founder and president of the National also be included in the Reservists Education uable nutrient management techniques. Hispanic Bar Association and the Mexican- Protection Act of 2001. Mr. Speaker, I congratulate Marcia Camp- American Legal Defense Fund. He was na- f bell Mathews for being named a Farm Advisor tional president of the League of United Latin Award finalist by the Friends of Agricultural EXPAND EFFECTIVENESS OF U.S. American Citizens and co-founded the South- Extension. I urge my colleagues to join me in west Voter Registration Project. BROADCASTING wishing Marcia Mathews many more years of Mr. Obledo has received several prestigious awards. In 1998, he received the Presidential continued success. HON. EARL BLUMENAUER Medal of Freedom, the highest civilian award f OF OREGON in the United States. He also received Mexi- ADDITIONAL COSPONSORS FOR IN THE HOUSE OF REPRESENTATIVES co’s highest civilian award to a foreigner. He H.R. 3167 Wednesday, November 7, 2001 was Pharmaceutical Planning Service, Inc.’s Distinguished Person of the Year in 1999 and HON. DOUG BEREUTER Mr. BLUMENAUER. Mr. Speaker, today we in the same year was given the National His- OF NEBRASKA adopted H.R. 2998 authorizing the establish- panic Hero Award by the United States His- ment of Radio Free Afghanistan to create a panic Leadership Institute. IN THE HOUSE OF REPRESENTATIVES surrogate radio broadcasting service in Af- Mr. Speaker, I congratulate Mario G. Obledo Wednesday, November 7, 2001 ghanistan. I am a cosponsor of this legislation for receiving the Lifetime Achievement Award Mr. BEREUTER. Mr. Speaker, due to House and I look forward to its serving as a valuable from the City of Orange Cove. I urge my col- Rules, unfortunately there were several Mem- complement to the important contribution al- leagues to join me in wishing Mr. Obledo bers of Congress who wanted to cosponsor, ready made by the Voice of America (VOA). many more years of continued success. H.R. 3167, the Gerald B.H. Solomon Freedom We need to increase and improve our public f Consolidation Act of 2001, but were unable to diplomacy in the Arabic-speaking world. We be officially listed by the House Bill Clerk can reach millions and provide fair, accurate PERSONAL EXPLANATION under our House Rules. The distinguished information about America, its principles and gentleman from Texas [Mr. THORNBERRY], the policies by increasing our VOA broadcasting in HON. SHEILA JACKSON-LEE distinguished gentleman from Maryland [Mr. this way. OF TEXAS WYNN], the distinguished gentleman from A constituent of mine who is an Arabic lin- IN THE HOUSE OF REPRESENTATIVES Pennsylvania [Mr. BORSKI] and the distin- guist has written to me regarding his thought- Wednesday, November 7, 2001 guished gentleman from New York [Mr. ful idea about how we can better utilize infor- Ms. JACKSON-LEE of Texas. Mr. Speaker, SWEENEY] all contacted my office to cospon- mation we already receive and make it even I was unavoidably detained from the House of sor; however, their names were not added as more useful in our information-sharing efforts Representatives on November 6, 2001. I cosponsors since the House International Re- here and abroad. therefore missed Rollcall votes Nos. 426, 427, lations Committee reported the bill on Novem- The Smith-Mundt Act (22 U.S.C. 1461) and 428. Had I been present, I would have ber 5th. This Member regrets that they were should be amended to allow the release of voted ‘‘yes’’ on all three items. And I ask for not added, but wants to recognize their inten- materials such as manuscripts upon request unanimous consent that my votes and re- tions in this fashion. and further assist U.S. linguists to receive marks be included in the proper place in the f these materials. As we respond to the events RECORD. of September 11, I believe this modification f COURT RULING ON PROJECT would expand the effectiveness of VOA and LABOR AGREEMENTS allow qualified private institutions greater ac- PERSONAL EXPLANATION cess to information so vital for intercultural ex- HON. GEORGE MILLER change. HON. VITO FOSSELLA OF CALIFORNIA I urge my colleagues’ consideration of allow- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES ing this greater use of the information we are IN THE HOUSE OF REPRESENTATIVES Wednesday, November 7, 2001 already receiving, and will be working to ac- Wednesday, November 7, 2001 complish this through my membership on the Mr. GEORGE MILLER of California. Mr. House International Relations Committee. Mr. FOSSELLA. Mr. Speaker, on Rollcall Speaker, I rise to commend the United States f No. 428, I was unavoidably detained. Had I District Court for the District of Columbia for been present, I would have voted ‘‘yea’’. upholding the rights of workers and preventing CONGRATULATING MARIO G. f the President from arbitrarily unilaterally, and OBLEDO RECOGNIZING MARCIA CAMPBELL unfairly restricting those rights. MATHEWS On February 17, 2001, President Bush HON. GEORGE RADANOVICH issued Executive Order 13202 prohibiting Fed- OF CALIFORNIA eral agencies or recipients of federal funds HON. GEORGE RADANOVICH from entering project labor agreements, pre- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA hire agreements that typically establish wages IN THE HOUSE OF REPRESENTATIVES Wednesday, November 7, 2001 and working conditions for the employees of Mr. RADANOVICH. Mr. Speaker, I rise Wednesday, November 7, 2001 contractors and subcontractors on a construc- today to Honor Mario G. Obledo for receiving Mr. RADANOVICH. Mr. Speaker, I rise tion project. Bush’s Executive Order was per- the Lifetime Achievement Award from the City today to recognize Marcia Campbell Mathews manently enjoined today in a decision issued

VerDate Aug 04 2004 08:52 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR01\E07NO1.000 E07NO1 21950 EXTENSIONS OF REMARKS November 7, 2001 today by Judge Emmet G. Sullivan. The law- Also, we must not forget the unsung heroes, religious movements can play a positive role suit overturning the Executive Order, Building who continue to devote a large part of their in society, providing impetus for important so- and Construction Trades Department, AFL– lives to make all this possible. Therefore, I sa- cial change. For instance, the role of the CIO, et al., v. Joe M. Allbaugh, Director Fed- lute the families, scout leaders, and countless Catholic Church in Poland during the cold war eral Emergency Management Agency, et al., others who have given generously of their or the activism of some churches and religious was brought by the Building and Construction time and energy in support of scouting. leaders in the Southern United States during Trades Department, the City of Richmond, It is with great pride that I recognize the the Civil Rights Movement offered vital moral California and the Contra Costa County Build- achievements of Mr. Fucaloro, and bring the and ethical guidance and support. ing and Construction Trades Council. My con- attention of Congress to this successful young Mr. Speaker, particularly in Western Europe, gressional district includes Richmond and man on his day of recognition. Congratulations we have observed an increase in laws cali- Contra Costa County. to Edward and his family. brated specifically to target religious groups. Today’s decision is a clear victory for work- f The United States shares with Western Eu- ing Americans. The court found that project rope core values regarding human dignity and labor agreements are expressly protected by EXPRESSING APPRECIATION TO rights, and we gratefully acknowledge Western the National Labor Relations Act and that the THE COUNTRY OF TURKEY Europe’s traditional openness toward religious President’s Executive Order harms workers by minorities. However, the development of ‘‘anti- altering the bargaining power between em- HON. ALBERT RUSSELL WYNN cult ’’ laws threatens this tradition. At the same time, I understand and appre- ployers and unions. In effect, by trying to im- OF MARYLAND ciate the dangers of criminal activity operating pose new limits on the right of the workers to IN THE HOUSE OF REPRESENTATIVES bargain collectively, the President was under- under the guise of religion. However, I strongly mining the ability of workers to protect and im- Wednesday, November 7, 2001 believe that any religious movement violating prove their wages and working conditions. In Mr. WYNN. Mr. Speaker, I rise to introduce the rule of law should be prosecuted using our system of government, however, a Presi- a resolution to express my appreciation for mainstream law enforcement tools, as op- dent may not unilaterally undermine the laws Turkey’s offer to provide special forces in sup- posed to special laws or extra-judicial inves- that Congress has enacted. The District port of Operation Enduring Freedom—the war tigations not in harmony with the core values Court’s decision is a victory for due process against terrorism. enshrined in the OSCE’s Helsinki Final Act and the rule of law as well as the rights of As a member nation of the North Atlantic and other international documents regarding workers. Treaty Organization located closest to Afghan- human dignity and rights. In sum, I am con- I strongly commend the Mayor and City istan, Turkey is the first Muslim country to cerned about vaguely crafted government reg- Council of Richmond and the Contra Costa offer direct military participation in Operation ulations against religious organizations and County Building and Construction Trades Enduring Freedom. Turkey’s offer is further adherents that serve to foster intolerance Council and its president, Greg Feere, all of proof that our coalition against terror is not a against individuals because of their beliefs. whom I am proud to represent in Congress, as war against Islam, but a war against evil. In France, such a law entered into effect well as the Building and Construction Trades Mr. Speaker, during this critical time of inter- this summer. Provisions of the law, Mr. Speaker, provide Department of the AFL–CIO, for their role in national cooperation, it is encouraging to see governmental entities and private citizens the standing up for the rights and well being of Turkey, a key Muslim ally, offer to join forces ability to apply civil and criminal sanctions workers. with our forces to combat a heinous world against any so-called ‘‘cult’’ or its de facto f evil—terrorism. I welcome this offer and urge leader. Other extensive powers include the re- the passage of this resolution. PROCLAMATION FOR DAVID moval of basic civic freedoms if an individual f ANTHONY FUCALORO is found guilty of using ‘‘techniques likely to FRANCE’S LAW AFFECTS alter judgment.’’ Despite the law’s obvious HON. STEVE ISRAEL FREEDOM OF WORSHIP bent against minority faiths, its broad powers, OF NEW YORK combined with the vague wording, could per- IN THE HOUSE OF REPRESENTATIVES mit arbitrary application and abuse. HON. CHRISTOPHER H. SMITH Overall, I find the creation of such a law, es- Wednesday, November 7, 2001 OF NEW JERSEY pecially in a mature democracy like France, Mr. ISRAEL. Mr. Speaker, it is with great IN THE HOUSE OF REPRESENTATIVES alarming and incongruent with the nation’s pride that I rise today to recognize one of New Wednesday, November 7, 2001 long history of supporting human rights. I had York’s outstanding young men, David the opportunity this past summer to meet with Fucaloro. The Boy Scouts of his troop will Mr. SMITH of New Jersey. Mr. Speaker, the President of the National Assembly, Mr. honor him as they recognize his achievements today I take this opportunity to salute France’s Raymond Forni, as well as one of the key au- by giving him the Eagle Scout honor on Fri- historic leadership in the defense of human thor’s of the bill, Mme. Catherine Picard, and day, December 7th 2001. rights. After the events of September 11th, as shared with them these concerns. Considering Since the beginning of this century, the Boy freedom-loving people wrestle with the France’s position as a world leader, this do- Scouts of America have provided thousands of scourge of terrorism, they will look to countries mestic action will cause repercussions else- boys and young men each year with the op- like France to see whether the torch of human where, such as in emerging democracies portunity to make friends, explore new ideas, rights is being held high. Therefore, mindful of which will have and look to French leadership and develop leadership skills while learning France’s historic work and current commit- on these matters. self-reliance and teamwork. ments to defend human rights, it was with re- Often, the U.S. Government and Congress This award is presented only to those who morse and surprise that I observed this sum- are criticized for ‘‘meddling’’ in the internal af- posses the qualities that make our nation mer the National Assembly’s approval of the fairs of another sovereign nation. I feel certain great: commitment to excellence, hard work, law for the ‘‘Prevention and Repression of detractors in France will level the same argu- and genuine love of community service. Be- Cultic Movements.’’ ment. However, the OSCE Moscow Con- coming an Eagle Scout is an extraordinary As participating States of the Organization cluding Document (1991) speaks directly to award with which only the finest Boy Scouts for Security and Cooperation in Europe this issue, declaring ‘‘The participating State are honored. To earn the award—the highest (OSCE), France and the United States share emphasize that issues relating to human advancement rank in Scouting—a Boy Scout the commitment and responsibility to observe rights, fundamental freedoms, democracy and must demonstrate proficiency in the rigorous and uphold religious freedom, including the the rule of law are of international concern, as areas of leadership, service, and outdoor right of the individual to profess and practice respect for these rights and freedoms con- skills. religion or belief. Through my work as Co- stitutes one of the foundations of international I ask my colleagues to join me in congratu- Chairman of the U.S. Helsinki Commission, I order. They categorically and irrevocably de- lating the recipients of these awards, as their am alarmed by recent developments in Eu- clare that the commitments undertaken in the activities are indeed worthy of praise. Their rope that impinge on this fundamental free- field of the human dimension * * * are mat- leadership benefits our community and they dom. Recently, it would appear that certain ters of direct and legitimate concern to all par- serve as role models for their peers. OSCE friends and allies have forgotten that ticipating States and do not belong exclusively

VerDate Aug 04 2004 08:52 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR01\E07NO1.000 E07NO1 November 7, 2001 EXTENSIONS OF REMARKS 21951 to the internal affairs of the State concerned.’’ RAWA. Established in 1977, this organization TRIBUTE TO DR. LEE HARTWELL [emphasis added] offers relief to the women and girls of Afghani- Mr. Speaker, religious believers in France stan by running primary and secondary HON. JAY INSLEE have already offered concerns about the ef- schools for refugee girls, creating mobile OF WASHINGTON fects of the new French law on their right to health teams in Pakistan, and running handi- IN THE HOUSE OF REPRESENTATIVES profess and practice their faith in their own crafts, carpet and tailoring workplaces. country. Statutes of this nature, which target Engaging in these modest activities, how- Wednesday, November 7, 2001 individuals with unpopular belief systems, are ever, is only one way in which RAWA serves Mr. INSLEE. Mr. Speaker, I rise today to antithetical to democracies in the twenty first Afghan women. Despite the risk to their own pay very special tribute to a truly outstanding century. Accordingly, I join them in urging lives, many RAWA activists have also carried individual from Seattle, Washington. On Octo- French authorities to fully respect France’s video cameras under their burqas to record ber 8, 2001, Dr. Lee Hartwell, president and commitments as an OSCE participating State executions of Afghan women and other similar director of the Fred Hutchinson Cancer Re- when implementing the new law. punishments. In many cases, these video- search Center, was awarded the Nobel Prize f tapes have been the key to exposing the inhu- in Physiology or Medicine 2001 for his pio- man acts of the Taliban and proving to the neering work in yeast genetics. AFGHAN WOMEN’S RESOLUTION Western world that these women need help. Dr. Hartwell’s three-decade devotion to the While efforts like RAWA’s relieve some of study of and his insight into yeast cells provide HON. LOUISE McINTOSH SLAUGHTER the worst excesses of the Taliban’s regime, the foundation for understanding how normal OF NEW YORK however, they do not fix the problem. Afghan cells divide and the mechanisms leading to IN THE HOUSE OF REPRESENTATIVES women will never regain their freedom in the the uncontrolled growth of cancer cells. He Wednesday, November 7, 2001 future unless a constitutional democracy is re- has consistently contributed experimental and stored in Afghanistan and Afghan women play theoretical insights. Thanks to Dr. Hartwell’s Ms. SLAUGHTER. Mr. Speaker, I rise today a leadership role in rebuilding their country. groundbreaking efforts, scientists have a fun- to introduce a resolution commending the Fortunately, for the first time since the damental understanding of how cancer cells work of organizations led by Afghan women Taliban regime took over, the U.S. is in a mutate. This research is allowing the develop- that are providing substantial education, health strong position to make this happen and to ment of approaches that predict, prevent or re- and relief services during a time of humani- provide substantial help to Afghan women. verse that mutation so that someday we can tarian crisis in Afghanistan. This resolution As our government fights to eliminate the develop cancer cures. Today, the yeast re- also urges the President to ensure that any Taliban and those who support them in Af- lated research of Dr. Hartwell and his col- new government established in Afghanistan in- ghanistan, we must ensure that not only are leagues is being used at the Fred Hutchinson clude women as full and active participants. the rights of women and girls in Afghanistan Cancer Research Center to develop drugs for Since 1996, when the Taliban regime took preserved, but that their full citizenship is re- use against cancer and other diseases. over, the women of Afghanistan have lived in stored. Dr. Hartwell is a man of great accomplish- absolute fear. To be a woman in Afghanistan In addition, we must call upon the U.S. gov- ment. After earning B.S. at the California Insti- under the Taliban’s rule is to be considered lit- ernment and the United Nations to provide di- tute of Technology and a Ph.D. from the Mas- tle more than chattel. Women are banned rect funding to these Afghan women’s organi- sachusetts Institute of Technology, he did from receiving an education, holding a job or zations. If provided, this funding would postdoctoral work at the Salk Institute for Bio- engaging in conversations outside the home. strengthen their ability to deliver services and logical Studies. In 1968 he joined the Univer- They can be arrested for venturing outside to enhance their role in fostering a more civil sity of Washington’s faculty and, since 1973, their house without a male relative or stoned society. Finally, we must urge the Administra- has been a professor of genetics at that insti- to death if they are married and accompanied tion to encourage any new government in Af- tution. He joined the faculty of Seattle’s Fred by an unrelated male. The Taliban enforces ghanistan to include women as leaders. Hutchinson Cancer Research Center in 1996 these draconian decrees in a brutal and capri- After five years of enduring the wrath of the and became its president and director in 1997. cious fashion that does not begin to resemble Taliban regime, it is time to restore basic Dr. Hartwell is the recipient of many honors due process or a fair judicial system. human rights to all Afghan people, especially including the Albert Lasker Basic Medical Re- Prior to the Taliban’s rule, women held ca- women and girls, and to end these repressive search Award, the Gairdner Foundation Inter- reers as doctors, nurses, and teachers. They policies. The women of Afghanistan have national Award and the Alfred P. Sloan Award were free to exercise their rights as citizens, proven their ability to lead; they simply need in cancer research. The 2001 Nobel Prize in move about, and speak freely. Many of them the opportunity to exercise it. Physiology or Medicine is the ultimate recogni- were considered leaders in their communities, Mr. Speaker, on behalf of Rep. ROS- tion of his life’s work. educated, and well-respected. Since 1996, LEHTINEN and myself, I am proud to introduce I ask my colleagues to join me in saluting these women have gone into hiding. They are H.Resllland urge my colleagues to sup- Dr. Lee Hartwell, a man whose dedication and forced to be mere shadows of their former port it. achievements are a credit to the State of selves. f Washington, our country, and indeed the To women like myself who live in a free de- world. mocracy, these severe restrictions of move- PERSONAL EXPLANATION f ment, speech, and dress are unimaginable. And, without question, the laundry list of bla- HON. CAROLYN C. KILPATRICK A TRIBUTE TO ELIE WIESEL ON tant human rights violations would not be tol- OF MICHIGAN THE OCCASION OF HIS RECENT ARTICLE IN ‘‘PARADE’’ WITH RE- erated against any other population in the IN THE HOUSE OF REPRESENTATIVES world, particularly not in the United States. So GARD TO TERRORISM AND RE- how can we, as decent, intelligent people Wednesday, November 7, 2001 SISTANCE stand by and watch? Ms. KILPATRICK. Mr. Speaker, due to per- Thankfully, a few courageous organizations sonal business in my District, I am unable to HON. BENJAMIN A. GILMAN led by Afghan women are taking action. These be present for legislative business scheduled OF NEW YORK organizations are often clandestine in nature for today, Wednesday, November 7th. Had I IN THE HOUSE OF REPRESENTATIVES and strive to improve the status of women and been present, I would have voted ‘‘aye’’ on (1) girls in Afghanistan through underground cir- Rollcall No. 429, H.R. 2998, the Radio Free Wednesday, November 7, 2001 cles. At this time, it is by their valiant efforts Afghanistan Act; (2) Rollcall No. 430, H.R. Mr. GILMAN. Mr. Speaker, the evil, des- alone that many women and girls in Afghani- 852, designating the Nathaniel R. Jones and picable, barbaric terrorist acts that are still pro- stan have received an education or health and Frank J. Battisti Federal Building and Court- ducing fear among the people of our country— relief services. house; (3) Rollcall No. 431, H.R. 3167, the and the tragic scale of which we still have not One of the most prominent examples of Gerald B. H. Solomon Freedom Consolidation fully realized—were not motivated by the zeal such an organization is the Revolutionary As- Act; and (4) Rollcall No. 432, H. Con. Res. we usually associate with individual acts of sociation of the Women of Afghanistan, or 262. crime. These acts were not committed with the

VerDate Aug 04 2004 08:52 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR01\E07NO1.000 E07NO1 21952 EXTENSIONS OF REMARKS November 7, 2001 purpose of enrichment. They are not logical surreal and biblical: the flames, the vertical battle to come. In a very short while, our en- responses to America’s actions, real or imag- collapse and disappearance of the world’s tire nation and its allies were mobilized to ined, abroad. Rather, they were the result of two proudest towers. Many of us were wage a new world war whose aims are to a kind of deep hatred towards our freedom stunned into silence. Rarely have I felt such identify, uproot, disarm and apprehend all failure of language. those who were and are directly, or indi- loving life style and our proud democratic tra- I remember what I was thinking: ‘‘That’s rectly, linked to terrorist practitioners of ditions. madness, madness.’’ Two banal words, like mass murder. This hatred is almost incomprehensible to an accursed mantra. Sheer madness. Terror- One thing is clear: By their magnitude as the modern mind. As my good friend author ists wanted to die in order to spread death well as by their senselessness, the terrorist Elie Wiesel has recently eloquently pointed around them. They demanded neither ran- atrocities constitute a watershed. Yes, life out, the terrorism we have until now experi- som nor concessions. They proclaimed no be- will go back to normal; it always does. But enced is only the tip of the iceberg. If the ter- lief and left no testament. But then what did now there is a before and an after. Nothing rorists could, they would take us all out. Their they wish to affirm, negate or prove? Simply will be the same. The political philosophy of that life is not worth living? Some observers governments, the national economy, the con- hatred is an all-encompassing drive to deprive insisted that they were ‘‘courageous,’’ since cern over security, the psychology of citi- mankind of freedom and safety. The terrorists they wanted to die. I disagree: They wanted zens, the weight of comradeship and hope: do not intend to stop halfway. to kill and to do so anonymously. It would Everything has changed. One will not, as be- Elie Wiesel, the holder of numerous aca- have taken more courage to live and explain fore, take a plane without considering the demic titles, recipient of many distinguished why they had chosen murder. possibility of sabotage. Nor will one look at honors and awards—among them the Nobel More questions, many of them, came later: his or her neighbors without suspicion. We Prize for Peace in 1986—and author of sev- Faced with such immense suffering, how can may never visit Lower Manhattan without eral world renowned books, was only fifteen one go on working, studying and simply liv- pangs of sadness; we all know of someone years old when he and his family were de- ing without sinking into despair? How is one who perished simply because he or she was to vanquish the fear that infiltrated our very there. ported by the Nazis to the Aushwitz con- existence? And how are we to console the But the American people did not bend. centration camp. His mother and younger sis- families and friends of the more than 5000 Never have they been more motivated, more ter perished while only his two older sisters victims? generous. Their behavior was praised the survived. He wrote about his experiences in The pictures of missing victims, the sob- world over. Instead of trying to save them- the death camps in his internationally ac- bing of relatives, the farewell words on cell selves, men and women, young and old, ran claimed memoir, ‘‘Night,’’ and in 1978, Presi- phones, the sight of hardened journalists to Ground Zero to offer assistance. Some dent Jimmy Carter appointed him as Chairman weeping . . . Days and days elapsed, and the stood in line for hours to donate blood. Hun- dreds of thousands of sandwiches, sodas and of the President’s Commission on the Holo- devastated site was still reminiscent of war- torn Europe in 1945. mineral waters were distributed. Those who caust. I checked history books for a semblance of were evacuated from their buildings were of- A dedicated supporter of Israel, Elie Wiesel precedent for this terror. There may be one. fered food and shelter by neighbors and has also seen it as his duty to defend the In the 11th century, a certain Hasan-e strangers alike. Rudy Giuliani, the most ad- causes of various persecuted minority groups. Sabba¯ h founded a secret small sect of assas- mired New Yorker of the day, appealed in For this reason, in 1986 along with his wife, sins in Persia. Known as the Messengers of vain over radio and television for volunteers Marion Wiesel, he established the Elie Wiesel Death, they roamed around Islam clandes- to stay away; they kept coming. And then, Foundation for Humanity. Through his indefati- tinely for years before fulfilling their mis- one had to see the outpouring of affection gable efforts Mr. Wiesel has continuously re- sion. They killed people they did not know, and gratitude toward policemen and fire- fighters to believe it. minded us of our duty to hold life sacred, to for motives they themselves did not com- prehend. Is Osama bin Laden a reincarnation And so, the terrorists achieved the oppo- honor liberty, fairness and peace and to resist of Husan-e Sabba¯ h? No. Those times and site of what they wanted. They moved people fanaticism in whatever shape we might en- those violent ‘‘dreamers’’ are gone. The 21st to transcend themselves and choose that counter it. In submitting to the CONGRESSIONAL century will not be theirs. which is noble in man. RECORD Mr. Wiesel’s contemplative reflections Why, then, the mass murder now? A human For in the end, it is always a matter of on the nature of resistance that he recently earthquake, it was caused by people whose choice. Even when faced with the murderous contributed to ‘‘Parade’’ I desire not only to in- faith had been perverted. There can be no madness of criminals, and in the presence of justification for it. Can it be explained? Yes, the silent agony of their victims, it is incum- form my colleagues of his views, but also to bent upon us to choose between escape and pay tribute to his remarkable service to man- by hatred. Hatred is at the root of evil every- where. Racial hatred, ethnic hatred, political solidarity, shame and honor. The terrorists kind. hatred, religious hatred. In its name, all have chosen shame. We choose honor. In the spirit of Elie Wiesel, the resolve that seems permitted. For those who glorify ha- I belong to a generation that thinks it America, since September 11, has imple- tred, as terrorists do, the end justifies all knows all that is possible to know about the mented in its struggle to free the world of this means, including the most despicable ones. If thousand manners of dying but not about the terrible hatred has been a source of biparti- they could, fanatics of violence would best way of fighting death. And I know that sanship and unity. We must continue to work slaughter all those who do not adhere to every death is unjust, that the death of every innocent person turns me into a question towards this end, in this same spirit. their ideological or religious principles. But this they cannot achieve and so they resort mark. Human beings are defined by their sol- [From Parade Magazine, Oct. 26, 2001] to simply arousing fear, the goal of terror- idarity with others, especially when the oth- WE CHOOSE HONOR ists since they emerged in history. ers are threatened and wounded. Alone, I am (By Elie Wiesel) Only this time, they failed. The American on the edge of despair. But God alone is people reacted not with fear and resignation alone. Man is not and must not be alone. None of us will ever forget that sunny day If the terrorists believe they can isolate in September when the United States was but with anger and resolve. Here and there it was misguided and misdirected: Individual their living targets by condemning them to subjected to a manmade nightmare: a hei- fear and sadness, they are mistaken. Ameri- nous terror attack unprecedented in contem- Muslims were assaulted and humiliated. That was and is wrong. Collective blame is cans have never been as united. porary history. It will remain shrouded in Nor has our hope been as profound and as unwarranted and unjust. Islam is one of the mourning in the violated memory of our irresistibly contagious. country. world’s great religions and most of its believ- Would this terrible act drive us apart, I ers in our country are good and decent citi- f asked myself, or draw us together as a na- zens. That had to be said and our leaders said tion? it. RADIO FREE AFGHANISTAN ACT My wife and I were in a taxi in midtown On the highest level of government, Presi- OF 2001 Manhattan. We looked with disbelief at the dent Bush immediately charted the right gigantic clouds of smoke and ashes hanging path to follow by declaring war against ter- SPEECH OF over the lower part of the city. We listened rorist leaders and all those who harbor and to the radio and couldn’t understand what aid them. His address before the joint session HON. JUANITA MILLENDER-McDONALD we heard. Suddenly our hearts sank: Some- of Congress made the American people expe- OF CALIFORNIA one we love worked on Wall Street. Cell rience a moment of greatness. The Senate IN THE HOUSE OF REPRESENTATIVES phones remained mute. At home, we found a and the House made us proud. Democrats Tuesday, November 6, 2001 message: He was all right. and Republicans spoke with one voice. The Glued to television like so many others, we White House, the State Department, the Ms. MILLENDER-MCDONALD of California. watched the first pictures. They were both Pentagon lost no time in preparing for the Madam Speaker, I rise in full support of H.R.

VerDate Aug 04 2004 08:52 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR01\E07NO1.000 E07NO1 November 7, 2001 EXTENSIONS OF REMARKS 21953 2998, ‘‘The Radio Free Afghanistan Act,’’ of IN RECOGNITION OF THOMAS J. Queens Borough President’s Aviation Advisory which I am an original cosponsor. This legisla- NOWIERSKI, R.PH., M.PH AND Council. tion creates a ‘‘Radio Free Afghanistan’’ under ROSE MARIE POVEROMO, BEING Mr. Speaker, today I ask that my colleagues Radio Free Europe/Radio Liberty (RFE/RL). It HONORED BY THE TAMINENT join me in honoring Thomas J. Nowierski and will revive the broadcasts that RFE/RL con- REGULAR DEMOCRATIC CLUB, Rose Marie Poveromo for their contributions to ducted when the Soviets invaded Afghanistan INC. their community. during the Cold War. Europe is very familiar f with the challenges of broadcasting to Afghan- HON. CAROLYN B. MALONEY istan, and it has the institutional knowledge A TRIBUTE TO THE LATE OF NEW YORK HONORABLE MARY WARREN necessary to perform these broadcasts and IN THE HOUSE OF REPRESENTATIVES get them up and running quickly. This bill au- thorizes the funds necessary to allow broad- Wednesday, November 7, 2001 HON. EDOLPHUS TOWNS casting into Afghanistan for 12 hours a day. Mrs. MALONEY of New York. Mr. Speaker, OF NEW YORK This vital legislation will provide the voice the I rise to pay tribute to Thomas J. Nowierski IN THE HOUSE OF REPRESENTATIVES and Rose Marie Poveromo who are being US currently lacks within the region. Wednesday, November 7, 2001 At the present time there is no alternative to honored on November 3, 2001 at this year’s Mr. TOWNS. Mr. Speaker, I rise in recogni- the hateful propaganda that is being aired in annual Taminent Regular Democratic Club, tion of the Honorable Mary Warren for her life support of Afghani terrorism. One such exam- Inc. dinner and dance. Taminent’s two hon- long commitment to serving her community. ple is a bogus story that reported that 4,000 orees have made outstanding contributions to Sadly, Mary passed away suddenly on this Jews did not go to work on Sept. 11th at the the civic life of the community. past Sunday, November 4, 2001. She began World Trade Center. This false information in- For twenty-five years, Thomas J. Nowierski her long career in community service with the sinuates that Israel is somewhat responsible has served this community’s pharmacological New York City Housing Authority (NYCHA). for the attacks—unfortunately these lies are needs. He opened his first pharmacy, During her thirteen years at NYCHA, Mary not being responded to. The Afghan people Ravenswood Drugs, in the Ravensview held a variety of positions; she worked as a deserve an alternative to listen to—the truth. projects in Long Island City. He purchased Astoria Chemists at Astoria General Hospital, Community Associate, Community Liaison, Prior to September 11, tragic conditions ex- now known as The Mount Sinai Hospital of and Community Service Aide. She was an ex- isted in Afghanistan. The Afghanis had en- Queens, three years later. pert on New York City Housing programs. dured their worst drought in 30 years, 23 In 1984, he opened Chris Drug, named for While she worked for NYCHA, she volun- years of military fighting, and oppressive and his daughter Christine, at Astoria Medical teered for her East New York community as barbaric treatment of women and minorities by Group. Mr. Nowierski established one of the the spokesperson for the Community Police the Taliban regime. All of these circumstances first programs in the state where seniors could Precinct Council. In addition, she organized contributed to massive numbers of Afghan ref- receive information about their medications tenant patrols, youth patrols, and led her ten- ugees who migrated to Pakistan. Some 3.5 free of charge, in various languages. ant association. million Afghan refugees fled to Pakistan, two Mr. Nowierski has spent much of his career After a rewarding career at NYCHA, I was million to refugee camps and 1.5 million to the working to address the needs of others. This able to lure Mary and her housing expertise to cities and villages. Since September 11, the is precisely what led him to open the Western my staff as my Special Assistant. In this role, number of people attempting to flee Afghani- Queens Dialysis Center almost two years ago. Mary proved herself to be an outstanding ad- stan and its cities has increased dramatically, His goal was to ensure that patients in need vocate on behalf of community residents. Also, and the plight of refugees and displaced per- of dialysis can get the quality of care they re- she was a tireless worker, organizing events, sons has become even more perilous. These quire. working with constituents, and acting as my li- figures are a prime example of why the people Over the last decade Thomas Nowierski has aison to groups and agencies concerning of Afghanistan need to know the truth—that worked on behalf of the Variety Boys and Girls crime, drugs, and, most importantly, housing. America stands in support of their freedom Club. He became President of its Board of Di- Of course, Mary’s service to her community and is not the cause of their strife. They need rectors in 1999. Tom has also dedicated his never ended at the end of the work day, she to know that humanitarian aid is just that and time and energy to SHAREing & CAREing, also continued to be involved with both the nothing more. work he has done largely in memory of his youth and elderly in her community. As the Author Henry Peter Brougham once said late mother who battled breast cancer. Community Relations Associate for the ‘‘Education makes people easy to lead, but For two decades Rose Marie Poveromo has Wartburg Lutheran Home for the Aging, Mary difficult to drive; easy to govern, but impos- been a dedicated community activist in Astoria developed and implemented marketing strate- sible to enslave.’’ The people of Afghanistan and Jackson Heights. A native New Yorker, gies to increase participation for Meals-on- are being enslaved because they have no ac- she owns and operates Rose Marie Realty, Wheels, Adult Day Health Care, Senior Hous- cess to accurate information. We must em- while also working as an aide to City Council ing and at the nursing home itself. This effort power the people of Afghanistan, counter the Speaker Peter Vallone. required the ability to work closely with people lies and false propaganda, and allow free flow- She served as President of the United Com- from the community of all different back- ing the factual information to be presented to munity Civic Association for 9 years, during grounds, an area in which Mary excelled. Her Afghanis. ‘‘Radio Free Afghanistan,’’ will allow which time she organized one of the most outgoing personality served her well as the us to do just that. successful Town Hall Meetings coordinated by Recreation Specialist for the New York City a civic association in Queens County, with Parks Department’s Brownsville Recreation f more than 600 residents participating to dis- Center. Here, she served as Program Coordi- cuss community needs and concerns. She nator and Registration Supervisor for the var- PERSONAL EXPLANATION also organized a ‘‘Community Health Fair,’’ ious school and summer programs. which attracted over 700 attendees. Rose- In addition, Mary had five children, 15 HON. LOIS CAPPS marie is a tireless advocate for a better quality grandchildren, and one great-grandchild and of life in Queens, and I have often worked with was still an active volunteer in her Brooklyn OF CALIFORNIA her on issues relating to the noise and con- community. She served as the District Leader IN THE HOUSE OF REPRESENTATIVES gestion generated by the airports. for the 40th Assembly District for three terms. Rose Marie Poveromo has also served her Finally, as a testimonial of her passion for pro- Wednesday, November 7, 2001 community in numerous other capacities. She viding affordable housing to her community Mrs. CAPPS. Mr. Speaker, I was detained was a member of Community Board #1, Vice- and her devotion to the children of East New in returning from my district last night due to President of the Astoria Heights Homeowners York, she served as the President of the Long delays in my flights and missed three votes. and Tenants Association and Vice President Island Baptist Tenant Association at Unity Had I been here I would have made the fol- of Kiwanis Club of Jackson Heights. She cur- Plaza Housing for over 20 years. lowing votes: Rollcall Nos. 426—‘‘aye’’, 427— rently serves on the Queens Borough Presi- Mr. Speaker, the Honorable Mary Warren ‘‘aye’’, 428—‘‘aye.’’ dent’s Air Monitoring Task Force and the devoted her life to serving her community on

VerDate Aug 04 2004 08:52 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR01\E07NO1.000 E07NO1 21954 EXTENSIONS OF REMARKS November 7, 2001 all levels and was an invaluable member of TALIBAN HUMAN RIGHTS ABUSES Afghanistan. Here is how Human Rights the community and my staff. She will truly be NOT COMPARABLE TO CIVILIAN Watch described the Taliban’s subsequent ac- missed. As such, she is more than worthy of DEATHS RESULTING FROM U.S. tions: receiving our recognition today. I hope that all BOMBING ‘‘Within the first few hours of seizing con- trol of the city, Taliban troops killed scores of my colleagues will join me in honoring the of civilians in indiscriminate attacks, shoot- life of this truly remarkable community leader. HON. DOUG BEREUTER ing noncombatants and suspected combat- f OF NEBRASKA ants alike in residential areas, city streets IN THE HOUSE OF REPRESENTATIVES and markets. Witnesses described it as a TRIBUTE TO STATE SENATOR ‘killing frenzy’ as the advancing forces shot PAULA J. CARTER Wednesday, November 7, 2001 at ‘anything that moved.’ ’’ Mr. BEREUTER. Mr. Speaker, this Member Anti-Taliban guerrilla groups, including HON. WM. LACY CLAY wishes to commend to his colleagues the Oc- fighters for the Northern Alliance now sup- ported by the United States, by no means OF MISSOURI tober 27, 2001, editorial from the Omaha have a spotless human rights record either. IN THE HOUSE OF REPRESENTATIVES World-Herald entitled ‘‘Taliban Atrocities.’’ Over the past decade, such forces have at- Despite its great efforts to prevent civilian Wednesday, November 7, 2001 tacked residential areas with artillery fire deaths in Afghanistan, the U.S. will inadvert- and carried out summary executions of Mr. CLAY. Mr. Speaker, I rise today to ex- ently kill some civilians as it continues its Taliban soldiers and suspected supporters, press my profound sadness over the passing bombings against Taliban-held areas. The ci- according to Human Rights Watch. on Monday of Missouri State Senator Paula J. vilian deaths which have already occurred Such considerations indicate the difficul- Carter, one of Missouri’s most distinguished (and those which likely will occur) certainly ties that lie ahead in erecting a stable, and respected public servants. She was a and very obviously are not part of a concerted democratic government in Afghanistan in powerful force in the state legislature and rep- scheme to kill the Afghan people. They are the post-Taliban era. As for the Taliban, it stands damned by its resented her St. Louis constituents well during (and will be) an unfortunate consequence of her combined 15 years of service in the Mis- own disreputable actions. In light of its ap- the war on terrorism and those who continue palling record, it has no moral standing to souri Senate and House of Representatives. to harbor terrorists. Unfortunately, civilian lecture the United States about respect for Paula Carter was a dear friend of a former deaths simply are a part of any war. human life and protection of innocent civil- colleague of mine in the Missouri General As- Contrast that fact with the conditions, as ians. sembly, and her passing is a tremendous loss outlined in the editorial, which the Taliban has to those of us who had the privilege of serving inflicted upon the Afghan people. f with her. She will be greatly missed. Mr. Speaker, it is critical that the U.S. win Paula Carter began her career as a public not only the war on terrorism but also the SENATE COMMITTEE MEETINGS servant in 1984, when she was elected Com- media war to uncover the horrific human rights mitteewoman of the 27th Ward in St. Louis abuses systematically implemented by the Title IV of Senate Resolution 4, and two years later she was elected to her Taliban against the Afghan people. agreed to by the Senate on February 4, first term in the Missouri House of Represent- [From the Omaha World-Herald, Saturday, 1977, calls for establishment of a sys- atives. While in the House, she became an October 27, 2001] tem for a computerized schedule of all outspoken champion of the poor, the disabled meetings and hearings of Senate com- TALIBAN ATROCITIES and the disenfranchised, and she worked tire- mittees, subcommittees, joint commit- (By John Cottschalk) lessly to make Missouri government more car- tees, and committees of conference. ing and responsive to our state’s neediest citi- The Taliban’s ambassador to Pakistan This title requires all such committees sounded a hypocritical note when he claimed zens. Through her efforts in the House, Mis- that the United States is carrying out geno- to notify the Office of the Senate Daily souri improved its assistance and care of cide against the Afghan people. Digest—designated by the Rules com- those with mental illness and disabilities, and On the contrary, the United States has mittee—of the time, place, and purpose expanded employment and educational oppor- gone to great lengths to minimize civilian of the meetings, when scheduled, and tunities for women and minorities. casualties. Although accidental bombings of any cancellations or changes in the In March 2000, Senator Carter was elected residential structures have occurred, mili- meetings as they occur. to the Fifth Senate District seat in a special tary analyst William Arkin noted in The As an additional procedure along election and subsequently re-elected to her Washington Post that for U.S. military plan- ners, ‘‘avoidance of civilian casualties has with the computerization of this infor- first full term in November 2001. She wasted become institutionalized even to the point of mation, the Office of the Senate Daily little time in making her presence felt in the rejecting important targets if there is a high Digest will prepare this information for upper chamber. She served on the Senate probability of civilian harm.’’ printing in the Extensions of Remarks Appropriations Committee; the Civil and Crimi- The Taliban’s claim of the moral high section of the CONGRESSIONAL RECORD nal Jurisprudence Committee; the Insurance ground is further undermined by the fact on Monday and Wednesday of each and Housing Committee; and the Aging, Fami- that it is using Afghan civilians as human week. lies and Mental Health Committee. She also shields by relocating its military hardware into schools and mosques. Meetings scheduled for Thursday, No- served as President of the Missouri Legislative It is especially brazen of the Taliban to vember 8, 2001 may be found in the Black Caucus. pose as a champion of human rights, consid- Daily Digest of today’s RECORD. Despite her illness, just two months ago in ering the horrors it has imposed on the Af- a special legislative session, Paula Carter ghan people in recent years. Here are only a MEETINGS SCHEDULED played an instrumental role in the passage of few incidents in the lengthy inventory of human rights abuses by the Taliban: a critical prescription drug benefit plan for Mis- NOVEMBER 13 souri senior citizens. As always, Paula Carter In January of this year, the organization 9:30 a.m. never let her own physical limitations get in Human Rights Watch reports, the Taliban conducted a summary execution of 300 civil- Governmental Affairs the way of her commitment to helping those ian adult males after it retook the town of Investigations Subcommittee less fortunate. Yorkaolang. To hold hearings to examine how the Im- So on behalf of the Missouri delegation of In September 2000, Taliban forces used migration and Naturalization Service the U.S. House of Representatives, I want to bombs, shells and cluster munitions indis- processes persons arrested for illegal offer our deepest sympathies and condolences criminately against residential areas in the entry into the U.S. outside ports of to the family of Senator Paula Carter. She will town of Taloquan and surrounding villages entry. be greatly missed, both in our state capital before capturing the area, according to SD–342 and in her beloved City of St. Louis, but her statements by refugees. 10 a.m. In May 2000, Taliban forces summarily exe- Judiciary legislative legacy and accomplishments will cuted at least 200 prisoners near a mountain To hold hearings to examine homeland endure in the thousands of people she pass northwest of the town of Pul-i Khumri. defense issues, focusing on sharing in- touched through her leadership and deter- In August 1998, the Taliban captured formation with local law enforcement. mination. Mazar-i Sharif, a strategic city in northern SD–226

VerDate Aug 04 2004 08:52 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00009 Fmt 0689 Sfmt 0634 E:\BR01\E07NO1.000 E07NO1 November 7, 2001 EXTENSIONS OF REMARKS 21955 NOVEMBER 14 Foreign Relations Banking, Housing, and Urban Affairs 9:30 a.m. Business meeting to consider pending International Trade and Finance Sub- Energy and Natural Resources calendar business. committee To hold hearings to examine the nomina- SD–419 To hold hearings to examine hawala—re- 2 p.m. tion of Kathleen Burton Clarke, of ferring a creditor to a third party to re- Environment and Public Works ceive his/her money; and underground Utah, to be Director of the Bureau of Superfund, Toxics, Risk, and Waste Man- Land Management, Department of the terrorist financing mechanisms. agement Subcommittee SD–538 Interior. To hold hearings on S. 1602, to help pro- SD–366 tect the public against the threat of NOVEMBER 15 10:30 a.m. chemical attack. Governmental Affairs SD–406 9:15 a.m. Oversight of Government Management, Re- 2:30 p.m. Governmental Affairs structuring and the District of Colum- Energy and Natural Resources To hold oversight hearings to examine bia Subcommittee Public Lands and Forests Subcommittee the Medicare payment policies for am- To hold joint hearings to examine im- To hold oversight hearings to examine bulance services of the Centers for provement processes concerning airline the investigative report of the Medicare and Medicid Services of the security. Thirtymile Fire and the prevention of Department of Health and Human SD–342 future fire fatalities. Services. SD–366 SD–342

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