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

Vol. 148 WASHINGTON, MONDAY, APRIL 29, 2002 No. 50 Senate The Senate met at 1 p.m. and was lic for which it stands, one nation under God, o’clock on invoking cloture on the mo- called to order by the Honorable indivisible, with liberty and justice for all. tion to proceed to this legislation. The BLANCHE L. LINCOLN, a Senator from f time until 6 p.m. is equally divided be- the State of Arkansas. APPOINTMENT OF ACTING tween the proponents and opponents on PRESIDENT PRO TEMPORE the motion to proceed. The reports we PRAYER have received are that it does not ap- The Chaplain, Dr. Lloyd John The PRESIDING OFFICER. The pear there will be a lot of debate prior Ogilvie, offered the following prayer: clerk will please read a communication to this vote tonight, although there are Loving Father, You know us as we to the Senate from the President pro a few Members who wish to speak. really are. You see beneath the pol- tempore (Mr. BYRD). There will be about 5 hours for debate, ished surface of our projected ade- The legislative clerk read the fol- and it appears at this time that there quacy. You know our true needs. The lowing letter: will not be a lot of speakers. great need, at the core of all our needs U.S. SENATE, Unless my friend from Wyoming has is to truly experience Your presence. PRESIDENT PRO TEMPORE, a statement, I suggest the absence of a We need You, dear God. It is our most Washington, DC, April 29, 2002. quorum, and I ask that the time for the To the Senate: quorum call be charged equally against profound joy to know that the desire to Under the provisions of rule I, paragraph 3, know, love, and serve You today is the of the Standing Rules of the Senate, I hereby both sides. result of Your hand upon our shoulders. appoint the Honorable BLANCHE L. LINCOLN, The ACTING PRESIDENT pro tem- You motivate the desire to pray be- a Senator from the State of Arkansas, to pore. Without objection, it is so or- cause You delight in us when we desire perform the duties of the Chair. dered. The clerk will call the roll. You above all else. More than anything ROBERT C. BYRD, The legislative clerk proceeded to You can give us or do for us, we long to President pro tempore. call the roll. live in communion with You. Our spir- Mrs. LINCOLN thereupon assumed Mr. THOMAS. Madam President, I ituality is what we do with our yearn- the Chair as Acting President pro tem- ask unanimous consent that the order ing. In this moment of honest prayer, pore. for the quorum call be rescinded. we turn over to You the longings of our f The ACTING PRESIDENT pro tem- hearts; everything from our most per- pore. Without objection, it is so or- RESERVATION OF LEADER TIME sonal anxieties to our relationships and dered. responsibilities. How wonderful it is to The ACTING PRESIDENT pro tem- Mr. THOMAS. Madam President, I know that You have motivated us to pore. Under the previous order, the wish to speak on the bill before us. pray because You have solutions and leadership time is reserved. At 6 o’clock, as my friend from Ne- resolutions for our most complex prob- f vada mentioned, we will be voting on lems. the motion to proceed to one of the ANDEAN TRADE PREFERENCE Bless the Senators today with an en- more important bills before us this ACT—MOTION TO PROCEED gaging conversation with You. Thank year. I am glad we have some oppor- You that You are ready to give the The ACTING PRESIDENT pro tem- tunity to talk about this legislation. guidance, wisdom, and vision that will pore. Under the previous order, the H.R. 3009 is the vehicle on which the be required in each hour. Go before Senate will now resume consideration Senate will be voting as to whether or them to show the way, reside in their of the motion to proceed to H.R. 3009, not the Senate will proceed to three minds to provide power, and replenish which the clerk will report. bills—the Trade Promotion Act, the their assurance that what You have The legislative clerk read as follows: Trade Adjustment Act, and the exten- called them to do is the people’s busi- Motion to proceed to the bill (H.R. 3009) to sion of the Generalized System of Pref- ness in Government. This is the day extend the Andean Trade Preference Act, to erences. I wish to focus on what I be- You have made; we will rejoice and be grant additional trade benefits under that lieve to be the more critical issue, and glad in You! Amen. act, and for other purposes. that is the Trade Promotion Act. f The ACTING PRESIDENT pro tem- This is often called fast track. It is pore. The Senator from Nevada is rec- designed to give us a system to bar- PLEDGE OF ALLEGIANCE ognized. gain, if you will, and negotiate treaties The Honorable BLANCHE L. LINCOLN Mr. REID. Madam President, today, with other countries, hopefully to the led the Pledge of Allegiance, as follows: as the Chair has announced, we are benefit of the United States. I believe I pledge allegiance to the Flag of the once again on the Andean trade legisla- it is very critical to our economic fu- United States of America, and to the Repub- tion. We have a vote tonight at 6 ture.

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

S3481

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VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3482 CONGRESSIONAL RECORD — SENATE April 29, 2002 While other nations are negotiating growth in the 1990s. The jobs that are gotiation. That does not work. So we treaties—and have been for some dependent on exports are estimated to have to delegate that and then have time—to open markets and strengthen be 13 to 18 percent higher than the na- the overview of it in the Congress. their economies, the United States dur- tional average. One-tenth of American That is basically what this does. ing these negotiations has been on the workers, 12 million, are in jobs that de- The key provisions include estab- sidelines. Of the 134 free trade agree- pend on exports. So we need to think lishing the objectives of negotiations. ments in force, the United States is long and hard about the process we use. Obviously, when we negotiate for the only party to 3. Mexico has signed 28 Fast track sounds as if we are giving United States and the U.S. representa- agreements. One-third of the world’s all the authority to the President to tives, the purpose is to get as good a exports are covered by the European make these decisions, but that is not deal as we can possibly get for our Union’s trade and customs agreements, the case. What we are doing is setting country. There are congressional guid- where ours is less than 11 percent. up a system which allows the President ances to the President. It requires Since the authority for the President and his people to do the negotiations Presidential consultation with the expired in 1994, the rest of the world within guidelines that are set in the Congress before, during, and after trade has gone forward seeking to make bill, and then bring the results of those negotiations. So, again, it is not some- trade agreements that are favorable to negotiations back to the Congress. The thing that is apart from but is done in their countries. We have not been able Constitution provides that the Con- a particular way. It creates a congres- to do that. gress deal with those Federal trade sional oversight group, a broad-based The TPA bill passed the Finance issues. bipartisan organization, that has over- Committee 18 to 3, and, of course, has So as I mentioned before, a lot of sight of what is going on and can re- passed the House. I think it provides a these have been going on while we have port and give information to the Con- reasonable solution to where we ought not been able to do much about it, and gress. It is designed to do that. to be and where we need to be. All of us the impact is fairly simple. One exam- So the Congress is very much in- are concerned that trade be fair, that it ple is a $187,000 Caterpillar tractor volved. That is the key now. The way be equitable, that it gives us the best made in America and shipped to Chile this is happening is what is called the opportunities it can, but that there is is slapped with a $13,000 trade tariff. Trade Adjustment Act. That is the bill trade. Trade is there and billions of The same tractor made in Brazil and that is before us with these other two dollars move around the world every sold to Chile is $3,000. The same tractor that will be coming a part of that. One day. made in Canada and shipped to Chile, of them is Andean trade, which is a We need to make sure our trade is as there is no tariff. So in terms of being specific trade agreement set forth to favorable as it can be and we are in able to compete, in terms of being able work with States in South America. step with the rest of the world in terms to be part of world trade, without an We, again, do not have agreements of being able to do that fairly. agreement and a system to bring in with them. One of them is Colombia President Bush said earlier it is im- these kinds of things, we are left on the where we are seeking to try to make portant for America to understand we sidelines to some extent. some changes, of course. Another is Bo- are good at what we do. We can com- Trade is good for American farmers livia, Ecuador, and Peru. So this is one pete with anyone in the world. We have and ranchers. We have had several of the bills addressing that. the most productive workforce on the meetings and a couple of news con- Then the trade adjustment authority face of the Earth. Therefore, let us ferences on agriculture. One in every is the one that has been in effect be- open our markets to sell our products. three acres in this country is planted fore. It has expired. It provides pro- He asked the Senate to give him the for exports. American farmers exported grams for employees who have felt the ability to do that. about $55 billion in agricultural prod- impact of trade agreements, such as As I mentioned, the Trade Promotion ucts last year. Almost a third, nearly the loss of jobs and the loss of their Act expired in 1994 and we have sort of 40 percent, of agricultural products go businesses. Financial trading and as- stood on the sidelines ever since. In De- into exports. sistance has been available to firms cember, the House passed a bipartisan I understand different commodities and companies, and for displaced work- trade promotion bill. The Senate Fi- are different and have different im- ers who face significant adjustments. nance Committee then moved fairly pacts, but, nevertheless, overall agri- I always think about agriculture. quickly. I was fortunate enough, as was culture is certainly a valuable tool and Years ago, farmers and ranchers lived the Presiding Officer, to be a part of one we have to have to have a strong on the ranch and provided almost ev- that and listened to that debate. It economy. The same is true of small erything for themselves: clothing and passed 18 to 3 to move it on and to do business. The same is true, of course, of food. They built their own houses. the things we want to do. all we do in the world. They did all of those things. Then as Certainly, there is room for discus- Our relationships and our leadership, things changed we sought to do the sion about trade and trade agreements. at least in part, have to do with the things we do best and make our profits We have different views of it, depend- economic arrangements we have and there and then buy from other people ing a little on where we are and what our economy. The trade promotion au- what they do best. That is sort of what we do at the time, but the fact is that thority is the one we are really looking happens in trade. trade agreements are very important at. The new provision, however, is de- to us. They expand markets for U.S. I mentioned it passed the House. It signed to go much further than what it goods and services. They create higher was a very close vote, as a matter of did in the past, and I suspect this will paying jobs in America for those kinds fact, but it was passed on and the com- be the controversial aspect of this ne- of things that are exported. They give mittee has dealt with that. It would gotiation in which there is a tendency us a chance to show our productivity renew the trade agreement authority on the part of particularly the folks on and our efficiency in doing the things that expired in 1994. the other side of the aisle to bring we do well. So it tends to invigorate Basically, it falls in two categories: forth a program that will be perma- our economy, and certainly now is a the President’s authority to proclaim nent, such as financing COBRA, where time when we want to do that. changes in tariffs resulting from nego- the insurance can be extended that one The absence of trade opportunities tiations of reciprocal trade agreements had with their company, paying for 75 has created sort of an invisible tax on and, two, procedures for implementing percent of it from Government funds, America that we pay whenever we the provisions of these agreements and developing a permanent program shop. Better trade deals and lower tar- which entail changes in U.S. law. where we are really looking for some iffs can boost savings even higher, and These procedures are commonly rather short-term assistance until I think it is time we do that. known as fast track, and they require these folks can readjust or perhaps get Trade is essential, of course, to an up-or-down vote of the Congress. It rehired. America’s economy and our growth and seems to me that is a reasonable thing. So that is kind of where we are. Cer- our prosperity. Exports accounted for I cannot imagine 535 individuals trying tainly this is one of the issues the more than one-fourth of all economic to come up with some kind of trade ne- President has talked about a great deal

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2002 CONGRESSIONAL RECORD — SENATE S3483 in terms of our economy and in terms more than bombs and bullets and our ESEA. We passed a strong educational of all the many things that affect us. brave men and women in uniform. reform program that requires States to This has been one of his highest prior- The future of our country will also be set high standards for every student, to ities. determined by our children and our strengthen Federal incentives to boost I have to say, despite some of the grandchildren and how they are going low-performing schools, and to signifi- conversation that goes on, the Presi- to be educated. I believe we have a high cantly improve educational achieve- dent’s priorities have done rather well priority for America to educate our ment. We even gave the legislation a in terms of taxes, in terms of energy, children, making sure that all children catchy name—the No Child Left Behind and I think this is another one that have the tools and opportunity to suc- Act. must necessarily be handled and put ceed. Unfortunately, though, the President into place. Nevada is similar to almost every has not lived up to what I thought was Trade promotion is critical to our State in the Union with regard to edu- the bipartisan spirit of the legislation economic future. The President needs cational needs today. However, we also we passed. We need to not only author- the authority to extend and expand our have unique problems. In the Las ize legislation but we need to appro- international trade capacities. Trade Vegas area, the Clark County School priate money for it. negotiators need legislation to ensure District is the sixth largest school dis- Less than a month after signing this they are afforded a seat at the negotia- trict in America with 240,000 kids. We bill, the President proposed a budget tion table. have built 18 new schools in 1 year to which cuts almost $100 million in fund- I have already mentioned that many keep up with the growth. ing for the No Child Left Behind Act. of these negotiations have gone on In other parts of the State, teachers In addition to that—in effect, rubbing without us. This bill provides a reason- have been laid off because the popu- salt into the wound—we learned that able and effective procedure for con- lation growth was not as rapid and the President wants to squeeze $1.3 bil- gressional consultation and involve- there are fewer people living there. lion from the Federal student loan pro- ment. It avoids establishing unwar- Jobs have been cut back, especially in gram that helps millions of college stu- ranted mandates that would adversely places where mining is so important. dents, recent graduates, and their fam- affect the negotiating authority of the Mines have been cut back. ilies. Actions speak louder than words. President. It ensures that the laws of The things I hear about education in This administration should want to do the United States are maintained and Nevada I think can be applied all over more than just talk about education. protected. the country. For example, a couple of This administration can’t claim to be I suspect this will be somewhat con- weeks ago two women came to visit committed to education while simulta- troversial. Each of us will have some of with me. They are schoolteachers in neously making it more difficult and our parochial feelings about it. Wyo- Nevada, one representing Las Vegas more expensive for students to pay for ming is very involved in agriculture. and one representing Reno. They spe- their college education. Trade is important to Wyoming agri- cialize in educating kids who are really What am I talking about? I am talk- culture. It is important to beef, wool, smart. They were here to tell me of the ing about the administration’s recent wheat, and lamb. We have been cutbacks in programs in both the Reno pronouncement regarding Federal loan through this. But TPA will provide the and Las Vegas areas. These children programs. Millions and millions of poor negotiators a chance to reduce those have IQs of more than 130. Those pro- and middle-income students rely on barriers and get us a better seat at the grams for smart kids in Clark County student loans to pay for their edu- table. are basically gone. In Reno we still cation. Without these loans, these chil- Despite our relationship with Japan, have some, but not as many as they dren and young adults would be left be- I think there is still about a 40-percent should have. hind. tariff on beef. That is a high tariff in In Nevada, the high school dropout Currently, students and recent grad- Japan. We need to work at reducing rate is very high—one of the highest in uates can consolidate their loans and those tariffs because, for agriculture, the country. Twenty-seven percent of repay their debts with a fixed interest one of the best futures we have is the the children who drop out of high rate. The President’s plan, however, opportunity to expand markets beyond school in Clark County have IQs of would force students and graduates to our domestic market. more than 130. Think about that. The pay thousands of dollars more by sub- I look forward to this debate and dis- smart kids have no programs for their jecting them to a variable interest cussion, and, frankly, I look forward to interests. They are geniuses. Anyone rate. finishing the discussion this week so with an IQ that high is really smart. What does this mean? It means you we can get on with protecting our mar- With all the cutbacks in funding for would borrow money and never know kets and making our economy even IDEA—a program for kids with special what the interest rate was going to be. stronger. needs—we do not have the ability in You wouldn’t be able to consolidate the Madam President, I suggest the ab- Nevada and other parts of the country loans. When students go to college and sence of a quorum. to educate those children. to graduate school, or a professional The ACTING PRESIDENT pro tem- Think about that—27 percent of the school, when they graduate and want pore. The clerk will call the roll. kids dropping out of high school in the to consolidate their loans, they should The legislative clerk proceeded to sixth largest school district in Amer- be able to do that and have one inter- call the roll. ica. That school district is one of lead- est rate. The President is suggesting Mr. REID. Madam President, I ask ers in high school dropouts. They are they can’t do that anymore. unanimous consent that the order for geniuses. To be competitive in the future and the quorum call be rescinded. Often, education—especially elemen- remain in our leadership position with The ACTING PRESIDENT pro tem- tary and secondary education—is schools and colleges, America needs to pore. Without objection, it is so or- viewed as a local issue because most encourage and support students seek- dered. decisions are made by local leaders, ing higher education. f school boards, principals, teachers, and People can quibble about public edu- parents, as it should be. But the Fed- cation. I am a great proponent of pub- MESSAGE ON EDUCATION eral Government should and does play lic education. About 95 percent of all Mr. REID. Madam President, we an important role in helping to educate kids in America go to public schools. speak frequently of Nevada’s security America’s children. There is some criticism due about the needs. We speak frequently of the secu- One of the high points of my congres- public education system—no question rity needs of every State in the Union, sional service was when we joined to- about that. But college education in especially after September 11. We gether on a bipartisan basis to pass an this country is second to none. speak frequently of American security education bill. We agreed to work to Of the 131 top schools and colleges in needs, and understandably so. But we improve the quality of education in the world, the United States has 124 of should also realize that the strength America’s public schools. We worked in them. Colleges in America are the best. and security of our Nation require a bipartisan manner to reauthorize the We have to maintain that superiority.

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3484 CONGRESSIONAL RECORD — SENATE April 29, 2002 The plan the President has put forth other places and make more money, RECESS would close the gates of college cam- but they love what they are doing here. Mr. REID. Madam President, I ask puses to many students. In a global I am so happy they work for me. They unanimous consent that the Senate economy, and increasingly tied to in- owe money on student loans. So we stand in recess until 3:45 today and formation technology, we will depend have to make sure the plan suggested that the time be equally divided from more and more on workers with ad- by this administration will not go for- that time until the vote at 6. vanced training and skills. ward. There being no objection, the Senate, This is more than a student going to I could pick as examples lots of uni- at 1:58 p.m., recessed until 3:45 p.m. and college to become a teacher or a doctor versity graduates who have worked for reassembled when called to order by or a lawyer or an engineer; it is young me. I could pick, as I mentioned, Dr. the Presiding Officer (Mr. NELSON of men and women getting out of high Greg Jaczko. I could pick Dr. Kai An- Nebraska). school and becoming automobile me- derson. But as an example here today, The PRESIDING OFFICER. In my chanics or working in the health care I am going to pick Shannon Eagan. capacity as a Senator from Nebraska, I profession. Shannon is from Las Vegas. She suggest the absence of a quorum. When I graduated from high school, if works on my staff, and she is really The clerk will call the roll. you wanted to be an automobile me- good. She does legislative correspond- The legislative clerk proceeded to chanic, you went to work at the corner ence. She also does legislative assist- call the roll. service station and became a mechanic. ance work. She is intelligent, talented, Mr. GRASSLEY. Mr. President, I ask It is not that way anymore. To be hired ambitious, and interested in a career in unanimous consent that the order for to be an automobile mechanic at a car public service. But she has to repay the quorum call be rescinded. dealership, you have to have a certifi- tens of thousands of dollars in student The PRESIDING OFFICER. Without cate indicating you have been properly loans because her parents are not objection, it is so ordered. trained. That is what will happen at wealthy. Mr. GRASSLEY. Mr. President, I our local community colleges. That is The President’s plan would require wish to address my fellow Senators as something of which we have to be her to pay thousands and thousands of in morning business for about 7 min- aware, that young men and women who dollars in addition to what she already utes. want to do this need to be able to bor- owes. Of course, she fears that a rel- The PRESIDING OFFICER. Without row money to get an education. objection, it is so ordered. A college degree, long seen as a tick- atively low-paying Government job et to financial success, is becoming a such as she has will not enable her to f prerequisite for achieving the Amer- meet these needs. She is considering, sadly, seeking a higher paying, private MENTAL HEALTH PARITY ican dream. At the same time, students MOVEMENT face even higher tuition costs. Attend- sector job, even though she likes what ing a 4-year private university can cost she is dong in her job. Mr. GRASSLEY. Mr. President, I rise up to $40,000 a year. And even public If she leaves my staff, I will lose a today to express my appreciation to universities are becoming too expen- valuable employee, the State of Nevada President Bush for his commitment to sive for many students. Some students will not be helped as much as it could bringing insurance parity to people face double-digit percentage increases be, and the Senate will lose a valuable with mental illness. for tuition at State schools next year. employee. I think it will have a detri- As a long time supporter of mental So we cannot allow this administra- mental effect on our country, a very health parity legislation in the Senate, tion’s plan to proceed as it deals with small, but significant detrimental ef- I found his statement today in New college loans because it would prevent fect. Mexico to be a breath of fresh air in a many capable students from attending So we have to watch this very close- debate that has languished for too long college. The administration’s plan ly. There are hundreds of thousands of here in Washington. would also have a negative impact on young Americans who face the same di- I will always believe that when it those who have already attended col- lemma as Shannon. They want to dedi- comes to health insurance coverage, lege. cate themselves to serving our country mental illness should be treated like This month, millions of students will as teachers or social workers or work- any physical ailment. Unfortunately, graduate from our Nation’s colleges ing in the Congress of the United those suffering from mental health dis- and universities. They and their fami- States. But when they do the math— orders have for years suffered undue lies will be rightfully proud that they calculating their salary and their ex- discrimination at the hands of insurers have earned a diploma. Yet they do not penses, including their student loan who force them to pay higher costs know what the true cost of their edu- payments—they discover it simply is than patients suffering from physical cation will be, which they have largely not possible. ailments. financed with student loans. The Presi- Since we need more bright, moti- I believe there simply is no scientific, dent’s plan will cost them thousands of vated people to work in these occupa- clinical, fiscal or ethical reason for dollars in additional interest pay- tions, including being a teacher, this is this discrimination. ments. really a double whammy on us. If edu- I applaud President Bush for his com- Already, graduates are heavily bur- cation is truly a priority for this ad- mitment to ending it and leveling the dened with student loan debt. As a con- ministration, they will drop this plan health care playing field to require sequence, they are often unable to pur- to raise the cost of student loans. We equal access to psychiatric treatment sue a job in the field of their choice all must be aware of this. It affects and care. and, instead, are forced to work in a millions of people, and we should do ev- As President Bush pointed out today higher paying job but a less personally erything we can so the students get the in New Mexico, people suffering from fulfilling job, if they can find it. benefit, not the banks. severe and persistent mental problems don’t suffer alone. Their illness affects There are wonderful young men and Madam President, I suggest the ab- their families and loved ones, and even women who work in the Senate offices. sence of a quorum. They each work for one of us because our country The ACTING PRESIDENT pro tem- they want to contribute to what they It is incredibly painful to watch pore. The clerk will call the roll. believe is a better society. They could someone you love struggle with an ill- go other places to work. I could pick The legislative clerk proceeded to ness that affects their mind, their feel- lots of people from my office and use call the roll. ings and their relationships with oth- them as examples. Mr. REID. Madam President, I ask ers, and that difficulty is only exacer- I have two people with Ph.Ds who unanimous consent that the order for bated when care and treatment options work for me: One has a doctoral degree the quorum call be rescinded. are denied or placed out of reach due to in physics and the other has a doc- The ACTING PRESIDENT pro tem- high costs. torate in geology from fine universities pore. Without objection, it is so or- Remarkable treatments exist, yet around America. They could work dered. many people—too many people in my

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2002 CONGRESSIONAL RECORD — SENATE S3485 view—remain untreated because insur- York Times wrote of the 26 different this? The Business Roundtable, the ance discrimination limits their ac- votes that were changed. Conference Board, the U.S. Chamber of cess. There was only one important vote Commerce, the National Association of I am glad the President has asked all to change this particular time in the Manufacturers, and the National Fed- Americans for a commitment to bridge House. When it comes to the Senate Fi- eration of Independent Business. the insurance divide between people nance Committee, it is an easy fix. My friend, Tom Donohue, at the who are physically and mentally ill. Once it is fixed and ready to be pre- Chamber of Commerce, has it orches- Americans with mental illness deserve sented in the Senate, they withhold the trated where the five move in. I saw it our attention. I believe we can and presentation of the particular measure with Y2K. Chicken Little, the sky was should this year act on mental health until they have 60 votes to make sure going to fall if we did not hurry and parity legislation that bridges those they can get cloture as they cut off de- pass that particular provision to pro- coverage chasms and also controls new bate, limit the amendments, and limit tect Silicon Valley. Of course, the Re- health care costs. the time for each of the individual Sen- publicans and Democrats were fighting For my part, I intend to continue ators. And since the Senators know the hard in the Silicon Valley to get their working with my friend and colleague, debate is limited and the vote is fixed, financial contributions. The fight was Senator DOMENICI, on this important no one listens. not to protect the computers. It was to issue to ensure that nondiscrimination I have to express my gratitude to the protect the financial wherewithal of is the law of the land. We can do this in distinguished Senator from Minnesota campaigns. They could care less about a bipartisan, fiscally responsible way, for coming because I do not know of a Main Street America. They are for off- and I look forward to getting it done more important subject than this. shore production, thereby the offshore this year. While cloture is obtained later at 6 creation of jobs outside of America. I yield the floor. p.m. today, we will again try to with- There is more. I will never forget the Mr. President, I suggest the absence hold the actual finalizing of the debate debates we had with respect to textile of a quorum. with another cloture vote after we bills in my time. We passed five textile The PRESIDING OFFICER. The present some amendments. bills through the Senate. One did not clerk will call the roll. The bottom line is, if one had to an- get past the House; the other four that The legislative clerk proceeded to swer their opposition it would be dif- did were all vetoed after the President, call the roll. ficult to do. They are putting out the of course, promised to sign them. The Mr. HOLLINGS. Mr. President, I ask Andean trade bill, combining it with President promised to sign them in my unanimous consent that the order for the come-ons not only of fast track but State, in the city of Greenville, the the quorum call be rescinded. trade adjustment assistance, and they heart of textile industry. They forget The PRESIDING OFFICER. Without put those amendments on and then about that. objection, it is so ordered. pass it altogether. After they have bun- I bought a shirt made in China and one made in New Jersey. I bought a f dled together various wants, namely trade adjustment assistance and the catcher’s mitt. One made in Korea and ANDEAN TRADE PREFERENCE fast track which the White House one made in Grand Rapids, MI. I ACT—MOTION TO PROCEED—Con- wants; and, of course, the Andean trade showed that the markup on the im- tinued bill which others interested in this par- ported article was much greater. Mr. HOLLINGS. Mr. President, with ticular hemisphere want, what happens So the retailers are getting behind respect to calling up the Andean trade then is they package together and get the movement of big business. Who fol- pact for debate, someone could imme- a bad deal for America. lows behind? The newspapers. The re- diately question why the delay, trying I say that advisedly for the simple tailers are seeing the newspapers hand to hold up on the actual calling of the reason, we are exporting jobs faster out free trade, free trade, fast track, bill? There will be plenty of time to than we can create them. What hap- fast track. They are like parrots. The submit amendments. I do not know of pens is that in trying to create them, majority of the newspapers are for re- a more serious topic that will be dis- we are really facing organized society tail advertising. So they, in turn, join cussed this year in the Congress, and politically, economically, financially, in. You ought to see how the special yet discussion should be two ways: and otherwise, in the United States trade representatives are representing Those who are ready to propose and against us. It is a very interesting the Government in these giveaway pro- propound, and those who are ready to thing. grams. They have literally drained the object to and explain why this is not in I think about my friend Robert Ken- jobs from the United States of Amer- the economic interest of the United nedy. I have had his desk for years in ica. States. It is a one-way street, though, the Senate. Robert Kennedy came to I was reading a book that has become as it appears, in the Senate. political notoriety in a book called required reading in the Washington The temptation is to have a live ‘‘The Enemy Within.’’ He was writing area, ‘‘Theodore Rex,’’ by Mr. Edmund quorum so somebody can be talked to. about James Hoffa and organized labor. Morris. He is describing the United This has been the typical treatment of Today I could write a book on the States of America at the turn of the trade in the United States now for the enemy within. Instead of labor, it is century, 100 years ago: The United past several years. What really happens management. How does that occur? It States could consume only a fraction is those for the fast-track agreement occurs because 30 percent of production of what it produced. work on the members to vote their costs, 30 percent of volume, is in labor. More than half the world’s cotton, corn, way. By one vote, the House passed it, In manufacturing, particularly, 20 per- copper, and oil flowed from the American with what my friend from Arizona, cornucopia, and at least one third of all cent of manufacturing costs can be steel, iron, silver, and gold. Current adver- Senator MCCAIN, would call pork—lit- saved by moving production or manu- tisements in British magazines gave the im- tle favors here, little favors there. facturing offshore, to a low-wage coun- pression that the typical Englishman woke After the passage of NAFTA some 8 try such as Mexico. If you have $500 to the ring of an Ingersoll alarm, shaved years ago in 1994, the New York Times million in sales at a manufacturing fa- with a Gillette razor, combed his hair with ran a story of the 26 different favors cility, you can make $100 million Vaseline tonic, buttoned his Arrow shirt, done by President Clinton at that par- pretax profit by moving offshore. Just hurried downstairs for Quaker Oats, Cali- ticular time to get NAFTA and fast keep your executive office and your fornia Figs, and Maxwell House Coffee, com- track passed. I think it was Congress- muted in a Westinghouse tram (body by sales force in-country and move your Fisher), rose to his office in an Otis elevator, man Pickle, who got a cultural center production offshore and you have made and worked all day with his Waterman pen down in Austin, TX; another Congress- yourself $100 million. Or you can con- under the efficient glare of Edison man got a round of golf; another Con- tinue to work your own people and go lightbulbs. ‘‘It only remains,’’ one Fleet gressman a round of golf personally bankrupt. Street wag suggested, ‘‘for us to take Amer- with the President of the United That is the job policy of the U.S. ican coal to New Castle.’’ States; another Congressman got two Government today. That is the job pol- Behind the joke lay real concern: The B–17 contracts, and so on. The New icy of the Senate. Who is supporting United States was already supplying

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3486 CONGRESSIONAL RECORD — SENATE April 29, 2002 beer to Germany, pottery to Bohemia, ica. So they were cutting their costs. merce. We are abdicating our responsi- and oranges to Valencia. That is why. There was not any short- bility. It is a fix. The agreement is Now, instead of that Ingersoll alarm, age, any need to retrain or everything made downtown on K Street and with we get that from Malaysia, Korea, or of else of that kind. the White House and their minions. course an expensive one from Switzer- But let’s complete the thought. We That is what happens. The interests land. With respect to the Gillette are in desperate circumstances. If I that come to their Representatives in razor, it comes from either Mexico or have to make one particular point, it is the House of Representatives and the China. With respect to the Arrow shirt, this: Your security as a nation rests, as Senate are wasting their time. The we have bought those shirts out of it were, upon a three-legged stool. The Senators and the House Members have China. And instead of the coffee, it is first leg is the values we have as a na- nothing to do with it. It is a done deal Brazilian or Colombian coffee. When tion—our stand for individual rights, at the time it is proposed, when they they have mentioned that Westing- democracy, freedom—is known and re- make these lousy agreements that con- house tram, I took the Acela, the fast spected around the world. The second tinue to drain the United States of its Amtrak train the other day to New leg, the military, is unquestioned. But economic strength. York, and found out it was made in the economic leg has been fractured, Other than draining us of our eco- Canada. When I got to Penn Station, I and intentionally so. nomic strength in that fashion, with a was sniffed by the dog from Czecho- You see, after World War II we had fixed vote, we ought to be on the floor slovakia. The police dogs have been so the only industrial production. Trying of the Senate debating, if you please, over bred in the United States they to rebuild Europe and bring the Pacific the significance. have lost their smell propensities. So rim to capitalism versus communism the dogs, now, for security, are im- in that cold war, we sent over the Mar- Henry Ford, at the time he put on ported from Czechoslovakia. shall Plan. We sent over the expertise, mass production, said: I want to make Now we have lost the watches, the we sent over the technology and the sure my employees make enough cameras, the electronics. We are about equipment—and we won. No one re- money to buy the article they are pro- to lose all the steel business and every- grets it. Everyone is proud of it. We de- ducing—so they could buy that car thing else. I could go down the list. We feated them—capitalism defeated com- they were making. As a result, he don’t produce anything much to ex- munism in the cold war. started the benefits which resulted in port, export, export as the fast track, I testified back in the 1950s before the the middle class. The labor movement fast track, fast track crowd will have old Tariff Commission when Tom over 100 years now has had difficulty us. Dewey, representing the Japanese, ran developing and thereby holding on to The fact is, more than half of what me around the hearing room saying: these particular improvements to our we consume today is imported. The Why don’t you let these Third World standard of living, to health care, to majority of our consumption is im- countries make the shoes and the different other benefits of that kind ported articles, including furniture. I clothing and we will make the air- that we have now in the production had to rebuild a house, and to my sur- planes and the computers? contract that has created the middle prise I had to get furniture from the Our problem is they make the shoes, class, or the strength of democracy Philippines and Vietnam. the clothing, the airplanes, the com- itself. Yes, buy America, buy America. puters, and everything else. Our manu- What I am fearful of is we are going Well, I was a champion, still am, I facturers, our industrial giants, the way of England. At the end of hope, of trying to buy America, but I learned of this moving their manufac- World War II, they told the press: used to represent a bunch of auto- turing offshore to a lower wage coun- Don’t worry, instead of a nation of mobile dealers. I think it was 20 some try. As you and I sit here in the Sen- brawn, we will be a nation of brains. years ago, when I bought an American ate, talking about the environment and Instead of producing products, we will car, a Pontiac. I drove in front of my our standard of living and safety and provide services. Instead of creating neighbor’s place. He said: otherwise, before you can open up Nel- wealth, we will handle it and be a fi- How much did you pay for that car, Fritz? son Manufacturing, you have to have a nancial center. minimum wage, clean air, clean water, England has generally gone to hell in I said: Social Security, Medicare, Medicaid, an economic handbasket. They have I don’t know, let me look at the sticker plant closing notice, parental leave, the haves and the have-nots. The mid- price. safe working place, safe machinery—I dle class disappears, and downtown As I looked at the sticker price—this could go on and on. was over 20 years ago it said—‘‘Mon- You can go down for 90 cents an hour London is an amusement park. treal, Canada.’’ I had a foreign car. to Mexico and have none of those re- That is exactly the road we are on. Why? Because automobile production quirements. You are guaranteed a prof- We have to get off that highway. We had already moved across the border to it. If your competition goes, you have have to be competitive. We have to un- save $800 per health contract on each of to go or go bankrupt. derstand the word ‘‘trade’’ means just its employees. So what is the problem? The problem that—something for something, not But the so-called high-tech industry is that they have all joined together, as aid, and not developing it so that we was supposed to save us. That was the I have described, to move the jobs out have, as was said on the floor, some- motor of growth. We tried to point out of the country, whereas you and I, as thing that is immoral. in one of those debates during the public servants, have the job of trying I heard my distinguished colleague 1990s, here, in the last 10 years, when to create jobs. from Florida say it was immoral for us we had this wonderful growth, that it I can see the President now, after 9– to go along with these countries, and wasn’t the motor of growth at all be- 11, saying: What can we do with this to even backtrack or hold the line with cause 42 percent of Silicon Valley was crisis we are in? Take a trip, go to Dis- respect to Andean trade—that we owe on part-time, and one-third of the ney World with your family, live nor- them a duty to develop it. We all want Microsoft employees had to sue Micro- mally—whatever. to develop everything. But you can go soft in order to get benefits. That was I will tell you what we can do: Create forward and develop and develop until Senator Abraham, from Michigan, who a job. Give your neighbor a job. That is you become underdeveloped, which is was running around all over the Cham- why I am on the floor of the Senate, our predicament today. Debt overseas ber for immigration, immigration, im- trying to hold up this fast track so we stirs up trouble at home. migration. can listen and learn just exactly what Why? Because you can get the Indian is in it. There is an article in Business Week trade, Indian production, those experts Article I, section 8, of the Constitu- that I ask unanimous consent to have coming over from India and China at tion says that the Congress—not the printed in the RECORD. $30,000 a year, maybe $35,000 a year; President, not the Supreme Court, but There being no objection, the article they are just as good as any you could the Congress of the United States— was ordered to be printed in the ever find in the United States of Amer- shall regulate trade or foreign com- RECORD, as follows:

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2002 CONGRESSIONAL RECORD — SENATE S3487 [From Business Week, May 6, 2002] vs. the euro, compared with this time last railroad. President Lincoln said: No, DEBT OVERSEAS STIRS UP TROUBLE AT HOME year. not at all. We are going to build up our (By James C. Cooper and Kathleen Madigan] * * * * * own steel mills. When we get through, The world economies are finally mounting Mr. HOLLINGS. Mr. President, we we will not only have the Trans- a recovery from last year’s slump. Even the have a $400 billion deficit in the bal- continental Railroad but we will have latest word on Japan is a bit more upbeat. ance of trade. We have a horrendous the steel capacity. The reason, of course, is the upturn in the budget deficit of $168 billion. We are in Lincoln provided protectionism for U.S. economy. The U.S. led the world into a the red. Even after all the money came steel; Roosevelt for agriculture; and downturn that hit different regions with in on April 15, we are still in the red by Dwight Eisenhower in the 1950s, pro- varying impact, and it will be the loco- vided protectionism for oil with import motive for the recovery. $168 billion. We are going to be around But therein lies a problem. U.S. financial $300 billion to $350 billion in the red by quotas on oil. We built this industrial obligations to the rest of the world are once the end of September. That is our fiscal giant, the United States of America, again on the rise as America grows ever deficit. with protectionism. more dependent on foreign capital to finance We are not paying the bills. We are Don’t go around here with these silly its growth. Back in March, Federal Reserve cutting taxes. We are running around childish pollsters saying: Yes, you have Chairman Alan Greenspan noted that over saying we ought to make permanent to be for free trade, free trade. They do the past six years, about 40% of the increase the temporary tax cuts, which of not know anything about it. They in the U.S. capital stock was financed by for- know nothing about the economy. eign investment, a pattern that will require course cost us another $4 trillion, and we are wondering why we have a def- They know nothing about the creation an ever-larger flow of interest payments of jobs. They have never been in the going out to foreigners. ‘‘Countries that have icit. In a similar fashion, we ought to gone down this path invariably have run into be aware that we are in competition business of trying to create jobs and trouble,’’ said Greenspan, ‘‘and so would when we talk about trade. bringing industrial expansion to your we.’’ Let me refer to just one little bit of State and to this country. They just do Greenspan was highlighting the fact that history because you can’t fault our not know. They automatically ask to the gap between what an economy consumes globalization and trading partners. I be given free trade, free trade. The and what it produces cannot continue to truth of the matter is that we have to widen indefinitely. At some point, foreigners have been in the game. In 1960, as South Carolina’s governor, I took a put in a competitive trade policy. come to the belief that either the country’s Since I mentioned deficits, I would be overconsumption requires a policy adjust- trade mission to Latin America and to ment, or that investment opportunities else- Europe. Today, we have 117 German glad if I could get a cosponsor or an- where begin to look more attractive. plants in South Carolina. I will never other vote in this body to put on a The most important result of this shift is forget calling on Michelin in downtown value-added tax. These are serious the softening of the debtor nation’s cur- Paris in June of 1960 to come to Amer- times. During every moment of the his- rency. For the U.S., a weaker dollar won’t be ica. Now, they have about 11,000 em- tory of the United States of America in a problem if the adjustment occurs slowly ployees and 4 big facilities. I called war, we paid for the war. We put on and orderly. However, currency markets special tax and revenue provisions to rarely move that way. And any sharp change upon Bowater in London. Now the Bowater headquarters are in Green- pay for the war. in the dollar’s value could wreak havoc in Now we have a President who comes the financial markets as well as portend a ville, SC. We believe in trade, and we and says: We are at war. We are going higher level of inflation as the price of im- believe in development. I have to pay to have to run deficits. And, inciden- ports begins to rise. Consequently, the U.S.’s particular attention at this time to mounting external debt is clearly the most tally, the war will never end. jobs in the United States. What kind of leadership is that? I crucial structural problem facing the econ- That is what we did in the earliest omy. And unlike other recent economic trou- would put on a value-added tax and days. We had just won our freedom bles, there may be no easy way out. say: Pay for that war. Get the deficits Typically, a recession helps narrow the when our friends in the mother country down. If anybody within the sound of trade deficit. But last year’s slump was any- said: We will trade with the fledgling my voice wants to help cosponsor it, thing but typical, and the U.S. external im- little United States of America with let me know. I have put it in before at balance did not improve much. Now, renewed what it produces best, and England least two-times. I have thought it growth in U.S. demand, coupled with the po- would trade with us what England pro- tent buying power of the U.S. dollar, is draw- through thoroughly. One of the biggest duced best. Free trade, free trade, the disadvantages we have is we are the ing in imports by the boatload (chart), which doctrine of comparison advantage, as once again means the U.S. trade deficit is only industrialized nation that does widening sharply. The January and February written by David Ricardo. not have that tax. increase in imported goods was the largest Alexander Hamilton wrote a little How does that work to our disadvan- two-month rise in two decades. booklet, A Report on Manufactures. It tage? The trade gap is the main component of was Hamilton and Madison who wrote If I manufacture this desk in the the current-account deficit, which is the our Federalist Papers. Hamilton is one United States of America, in Wash- broadest measure of U.S. financial obliga- of the most disregarded former Treas- ington, I have to pay all the different tions to other countries. After last year’s ury Secretaries with a magnificent his- taxes. If I am over in Virginia, or in respite, the external debt is starting to tory of having built this industrial mount up anew. Last year’s current-account Maryland, I pay the State taxes, the gap hit 4.1% of gross domestic product, and giant, the United States of America. corporate taxes, the personal income it could reach 5% by the end of 2002. That He countered to the Brits in that par- taxes, and I ship it to Europe and to would be the largest rate in the industri- ticular little booklet—I will not read downtown Paris. They will put on a 17- alized world and larger than in many emerg- it, but I will get a copy and put it in percent value-added tax. ing-market nations. the RECORD during the debate—he told In contrast, if I manufacture that Finance ministers from the Group of Seven the Brits: Bug off. He said: We are not desk in Europe, in Paris, they will put industrialized countries informally voiced going to remain your colony shipping on a 17-percent value-added tax, but concern about the U.S. current-account to you our coal, our timber, our rice, they rebate it when it leaves the border problem in Washington on Apr. 20 during the spring meeting of the International Mone- our cotton, our indigo, our iron ore, and is exported to Washington, DC. It tary Fund and the World Bank. Europe, in and import from England the manufac- is a given. The value-added taxes are particular, expressed worries that the imbal- tured products. We will become a na- rebated at the border. That is a big ad- ance could eventually put the dollar, finan- tion state by developing our own man- vantage which all of the trading part- cial markets, and U.S. and world growth at ufacturing capacity. ners have with us. risk. As a result, on July 4, 1789, the sec- If we are going to get serious about One solution would be a gradual weakening ond bill Congress passed was a protec- fast track and Andean trade, I am not in the dollar. But stemming the dollar’s rise tionist measure, a tariff bill on various particularly interested in a copout. has proved difficult. Even during the official Let’s remove that 17-percent dis- recession months of 2001, the broad trade- articles. We began the United States weighted value of the dollar continued to with protectionism. advantage immediately and pay for the rise (chart). And while last year’s economic When the Transcontinental Railroad government we are giving the people of slump was much worse in the U.S. than in was being built, they said: We can get the United States of America here this Europe, the dollar remains slightly stronger the steel from England to build the year.

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3488 CONGRESSIONAL RECORD — SENATE April 29, 2002 Yes, by the end of September we are Well, let’s say, down in Andrews, SC, The PRESIDING OFFICER. Will the going to spend some $300 billion more where 40 years ago an Oneida plant Senator state whether he is speaking than we take in. We can pay for it. We came to the State of South Carolina to in support or in opposition to the clo- always have, but not under the leader- make T-shirts, now has to close. At the ture motion? ship here. Everything is: Let’s have time of their closing, what they had Mr. DORGAN. Mr. President, I ask more loss of the revenues. Let’s run up was 487 employees. And the average age unanimous consent the Senator from the debt, the current accounts deficit of the employees was 47 years of age. Ohio yield for a question. and debt, the trade deficit, and the fis- And then it is tomorrow morning and Mr. DEWINE. I yield for a question. cal deficit of the United States of we have done it Washington’s way. The PRESIDING OFFICER. Is the America. It is a tragic thing. But we They are reeducated, they are re- Senator speaking in support or in oppo- could easily get that done. trained, they are now high tech, and we sition to the cloture motion? Now, those competing nations say: have 487 expert computer operators. Mr. DEWINE. The Senator is speak- Look, don’t give me this environment I ask, are you going to hire the 47- ing in favor of the motion. stuff. Don’t give me this label stuff. year-old computer operator or a 21- The PRESIDING OFFICER. The There is no chance of putting on the year-old computer operator? Are you Chair thanks the Senator. label and environmental protections, going to take on the retirement costs Mr. DORGAN. Mr. President, I ask say the Mexicans, as we have here in for that 47-year-old, and take on the unanimous consent that I be recog- the United States. That is an advan- health costs for that 47-year-old, or are nized following Senator DEWINE’s pres- tage. As long as those people suffer, you going to cancel that on the books entation for a period of 25 minutes. that is a disadvantage as we see it, but and take on the 21-year-old? The an- The PRESIDING OFFICER. Is there that is an advantage to them, and they swer is obvious. Those people are stuck objection? are going to continue so they can build down there. Without objection, it is so ordered. up themselves economically and strong Down in Spartanburg, where we have Mr. DEWINE. Mr. President, I sug- just as the United States of America a new BMW plant, unemployment was gest the absence of a quorum. did in its earliest days. 3.2-percent last year. It is now at 6.1- The PRESIDING OFFICER. The We did not even pass the income tax percent. And in the surrounding coun- clerk will call the roll. until 1913. We financed our entire Gov- ties, it is 11-percent, 12-percent, even The assistant legislative clerk pro- ernment with tariffs and protec- 14-percent. ceeded to call the roll. tionism. But we run around now in the With NAFTA, we were going to cre- Mr. DEWINE. Mr. President, I ask 21st century: free trade, free trade, ate jobs, solve the immigration prob- unanimous consent that the order for that we can’t have any increase in lem, and do away with the drug prob- the quorum call be rescinded. taxes or pay the bill. lem. It was going to be the finest thing The PRESIDING OFFICER. Without It’s a very peculiar thing. If I run for since sliced bread. But instead of get- objection, it is so ordered. Governor of South Carolina, I have to ting 200,000 jobs, we have lost 1.3 mil- Mr. DEWINE. Mr. President, I ask go all over the State and promise that lion manufacturing jobs. That is from that my time be taken off the time of I will pay the bill. If I run for the U.S. the Bureau of Labor Statistics. those in favor of the motion. Senate in the same State, I run all over The drug problem has gotten worse, The PRESIDING OFFICER. The time the same State promising I will not killing so many people. The immigra- will be subtracted. pay the bill. It is the same people, but tion problem has gotten worse, to such Mr. DEWINE. Mr. President, as the that is the way the pollsters have con- a point that now we are passing legisla- trade debate in the Senate gets under- ditioned it, and that is the way the tion and breaking up the Immigration way, I rise to talk about some of the and Naturalization Service. I think the media has covered that particular pre- important issues involved in this de- House is on track. We have to do some- dicament. They have no idea. Yes, bate and the vital role trade plays in thing about immigration laws, and ev- David Broder, the pre-eminent col- our Nation’s foreign policy and, really, erything else of that kind. umnist, pointed out over the weekend in the health of our overall economy. In little South Carolina, since The trade legislation before us rep- how all the Governors and all the may- NAFTA we have lost 53,900 textile jobs ors all over the country are having to resents a tremendous opportunity, an alone. We did not create jobs. And you opportunity for the United States to cut educational budgets, or else lose put my State into poverty and into their credit ratings. If they lose their demonstrate its leadership in hemi- welfare. And I take no comfort in the spheric and world trade. The sad fact is credit ratings, then they get no devel- idea that now we are going to pass that over the last decade, the United opment, and then they even again lose trade adjustment assistance like it is States has not led in this area. Of the more revenues or income from their just a little temporary thing. The more than 130 bilateral and free trade different taxes. So they are having to United States of America is going out agreements worldwide, the United cut back. of business. We are on the road, as Eng- States is party to just three. The Euro- But we up here in Washington are all land, of the haves and the have nots. pean Union, on the other hand, has free running for reelection, saying: We will And we are not going to be creating trade agreements with 27 countries. pay. Let’s make the tax cut perma- anything in manufacturing or pro- Mexico, the United States and my nent. Let’s lose another $4 trillion. We ducing anything to export. don’t care. By the way, there is a war So that is the trouble for the lethar- home State of Ohio’s second leading on. We are going to have deficits. So gic economy. It is not consumer con- trade partner, has negotiated 25 agree- sui pig. Everybody come. Anybody who fidence. It is not just the manufac- ments in the past 8 years—25 compared wants anything, we have the money. turing because there is no manufac- to our 3. Quite simply, we have under- We will just print it. And with respect turing to boil up. You watch it. This utilized trade as a tool in foreign pol- to the economy, we can forget about recession downtime is going to last the icy; I believe to the detriment of our jobs. rest of this year, and into next year, Nation and our neighbors within the Let me, now that I have a good friend until we get a hold of ourselves and Western Hemisphere. in the Senate Chamber, talk about the start rebuilding America. It is in our national interest to be Washington solution because I have Yes. When people ask what we should surrounded by stable democracies. some other issues to talk about. But do as a result of 9–11, instead of Presi- When we trade with our Latin Amer- we have tomorrow and the next day dent Bush saying, we should take a trip ican neighbors, we are helping them and the next day. with our kids, getting our families to economically, which in turn helps Let’s do it Washington’s way. Wash- go to Disney World, let’s give our maintain internal stability, peace, and ington says: Now you have to get with neighbor a job. democratic reform. globalization and high tech and retrain I yield the floor. It is also beneficial to the United and retrain. That was Mao Tse-tung, if The PRESIDING OFFICER. The Sen- States to trade within our hemisphere I remember correctly. We are getting ator from Ohio. because if we don’t, other nations and to be like China with Mao. And we are Mr. DEWINE. Mr. President, I yield their businesses will take our markets. going to reeducate. to my colleague from North Dakota. No country is waiting for us to act

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2002 CONGRESSIONAL RECORD — SENATE S3489 first. In the end, the longer we wait to 2001. The law provides preferential, trade are the best weapons against pov- pursue more free trade opportunities in mostly duty-free treatment on selected erty, against disease, against tyranny our hemisphere and around the globe, U.S. imports from the region. and, yes, against the drug dealers. the more we stand to lose. The countries of the Andean region For example, if Africa, Asia, and Take, for example, my home State of certainly need our help, and we need Latin America were each to increase Ohio. The future of our economy is their help. For the past 10 years, the their share of world exports by just 1 linked in part at least to our ability to Andean Trade Preference Act has percent, it would lift 128 million people send our products overseas. When given helped the United States and these four out of poverty, with all the con- the chance, Ohio’s business men and countries develop legitimate, strong, sequences that would have. Tariff bar- women and Ohio’s farmers can and do and expanding commercial ties. Be- riers on products from the Third World compete effectively on the world stage. tween 1991 and 1999, total two-way are more than four times higher than Just listen to these figures: Ohio ex- trade nearly doubled between our coun- those encountered by richer nations. ported more than $28 billion worth of tries. Such barriers cost poor countries ap- manufactured goods. In fact, one in During this same time period, U.S. proximately $100 billion a year. That is every five manufacturing jobs in the exports grew 65 percent, and U.S. im- twice as much as these nations receive State is tied to exports. In most years, ports from these countries increased by in foreign aid. Tariff barriers on prod- one-third to one-half of Ohio’s major 98 percent. ucts from the Third World are more cash crops in the agricultural field— In 1999, a severe economic recession than four times higher than those en- corn, wheat, soybeans—is found in in the region did, in fact, curb U.S. ex- countered by richer nations. markets and meals outside our own ports, but U.S. imports continued to Mr. President, I urge my colleagues country. grow by 17 percent. U.S. imports to Co- to join me in support of renewing and Look beyond Ohio to our entire lombia during this same time increased expanding the Andean Trade Pref- hemisphere. With a combined gross do- 155 percent since ATPA was enacted. erence Expansion Act. It is the right mestic product of more than $10 tril- The Colombian flower industry is a thing to do for our neighbors and for lion, which encompasses 800 million prime example of how U.S. trade policy our businesses at home. It is the right people, trade with our hemispheric can support important economic bene- thing for our country. neighbors represents vast opportuni- fits both in Colombia and here at home f ties. and at the same time provide jobs and These are opportunities we simply income to people so they do not feel HIV/AIDS IN OUR HEMISPHERE must not ignore. Right now, Europe, the necessity to become involved in the Mr. DEWINE. Mr. President, I want Asia, and Canada are all securing their drug trade. to take a moment to discuss a criti- economic fortunes throughout Latin In 1965, Colombia exported just cally important issue in our hemi- America by trading with the Mercosur, $20,000 worth of flowers to the United sphere—the growing problem of HIV/ a powerful trading block consisting of States. Today, these exports total AIDS in the Caribbean and Latin Brazil, Argentina, Paraguay, and Uru- nearly $600 million. The flower indus- America. guay. As of now, the Mercosur coun- try generates 75,000 direct jobs in Co- Today, there are an estimated 420,000 tries are the EU’s largest trading part- lombia, jobs that offer year-round sta- individuals living with HIV/AIDS in ners. Two-way trade between the EU bility and health and retirement bene- the Caribbean, and another 1.4 million and the Mercosur totaled $43 billion in fits, not to mention a legitimate eco- living with the disease in Latin Amer- the year 2000. That is compared to $38 nomic alternative to elicit drug pro- ica. In Haiti alone, roughly 1 out of billion from the United States in the duction. every 10 people has HIV/AIDS. Mercosur. The EU currently imports The Colombian industry also directly Yet despite these staggering numbers five times more from the Mercosur generates 7,000 U.S. jobs. Indirectly, and despite the fact the highest preva- than the United States does. Between even more jobs are created, with U.S. lence of HIV/AIDS—outside of Sub-Sa- 1990 and 1998, the total value of trade supermarkets employing more than haran Africa—exists right in our own flows between the Mercosur and the EU 24,000 people in their flower depart- backyard, this region of the world is increased almost 125 percent. ments, and U.S. flower shops employ- often forgotten, and the people who It is becoming increasingly obvious ing nearly 125,000 people. suffer there because of AIDS are often that the EU is not going to sit idle and We also have substantially increased forgotten. While, understandably, let the United States gain much of a our exports to the Andean region. much attention has been focused on new market share in this region. In Under ATPA, our exports have gone up the great tragedy caused by the disease fact, just last Friday, in Brussels, the by 84 percent, to $6.6 billion in the year in Sub-Saharan Africa—and we should EU was working to finalize a free trade 2000. never forget it—I think it is also im- agreement with Chile. Earlier this Despite these gains, ATPA must be portant that we also focus our efforts month, the EU set out its strategy for expanded. NAFTA and the Caribbean on combating this disease in our own negotiating new economic partnerships Basin Initiative have changed the play- hemisphere. with Africa, the Caribbean, and Pacific ing field and have created a competi- That is why I want to call attention countries. And as we speak, the EU’s tive disadvantage for Andean coun- to a historic, day-long meeting held trade commissioner is in Mexico ad- tries. For example, most Caribbean ap- just last week in Georgetown, Guyana. dressing the EU’s relationship with parel enters the United States duty While it received very little attention Mexico, almost 2 years after the free free, while Andean apparel enters with in the media, on April 20, senior U.S. trade agreement they entered into a 14-percent duty. We also must re- and Caribbean health officials, includ- went into effect. member that ATPA is about more than ing Health and Human Services Sec- This is the hemisphere in which we just trade. This is an issue of national retary Tommy Thompson, met in Guy- live. Those should be our markets. To security. ana to sign a new Pan-Caribbean agree- lose them through neglect would be a The stability of the Western Hemi- ment against HIV/AIDS. truly shameful outcome for our coun- sphere is at stake. Open markets are I commend Secretary Thompson, try. absolutely vital for developing nations Secretary Powell, and President Bush The bill before us this afternoon, the to overcome poverty and create oppor- for their leadership and follow through Andean Trade Preference Act, would tunity. Fragile economies place peace in making this vision a reality. Last renew but also enhance our commit- and democracy at risk. week’s meeting and subsequent agree- ment to helping the Andean region: Co- With aid, with trade, and with de- ment represents an unprecedented new lombia, Ecuador, Peru, and Bolivia. It mocracy, we can foster peace among partnership to fight the disease in the would help them, but it also would help our neighbors. It is in our national in- region. As part of this new agreement, us. It would help them to develop eco- terest to pursue an aggressive trade the U.S. and Caribbean nations have nomic alternatives, for example, to agenda in the Western Hemisphere, to pledged to improve collaborative ef- drug crop production. The Andean combat growing threats and promote forts to make sure people living with Preference Act expired on December 4, prosperity. Free markets and open HIV/AIDS, and those at risk, have good

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3490 CONGRESSIONAL RECORD — SENATE April 29, 2002 access to prevention and treatment the United States on credit. They can- Vietnam. That is a Communist coun- services. As Secretary Thompson said: not borrow from a private lender. They try. But for 40 years we have said no, This will be an equal partnership—a shar- must pay cash. Following the hurri- you cannot sell food to Cuba. ing of technical know-how and experiences. cane in Cuba, Cuba is buying American We loosened that restriction. Cubans As part of this partnership, Secretary grain and agricultural products to the can now buy our food, and now we have Thompson has pledged greater in-coun- tune of $70 million, but they have to the spectacle of the State Department try collaboration with officials from pay cash and run the transaction deciding to revoke visas they already the Centers for Disease Control and through a French bank in order to buy approved for people from Cuba who Prevention, and the Health Resources commodities from American farmers. want to come to this country and buy and Services Administration. These ef- This is just bizarre. forts will complement recently an- The head of a group called Alimport, from American farmers. That is unfair nounced initiatives by the U.S. Agency which is the organization in Cuba that to our farmers. It is another embargo. for International Development to pro- purchases food for the Cuban Govern- Cuba bought $1 billion worth of food vide almost $162 million in new funding ment, was invited to this country by last year. The Europeans are selling over the next 5 years to help countries farm leaders. His name is Pedro Alva- food to them, and the Canadians are in the Americas and worldwide expand rez. He was intending to come here—in- selling food to them. We have sold HIV/AIDS prevention, patient care, and cluding to my State of North Dakota— them some now, but judging by the be- HIV/AIDS mitigation programs. This is and asked for a visa to do that. He was havior of the State Department, it ap- in addition to the $20 million the intending to purchase additional food pears they do not want us to sell food United States is currently providing in from our country—and to pay cash. A to Cuba, despite the fact the Congress HIV/AIDS funding to Latin America visa was granted, but then the State has already made the judgment that and the Caribbean under the Bush ad- Department abruptly reversed course such sales should be lawful. ministration’s Third Border Initiative. and decided to revoke the visa. The I intend tomorrow to press this case These are all important steps in the State Department said: No, we don’t right direction toward developing an want somebody from Cuba coming in to once again at the State Department, integrated approach to combat this buy food or commodities from Amer- and I hope they will change their mind devastating disease. ican farmers. When we called the State and make a rational decision, one that I urge my colleagues to share my Department to ask them why they de- is in concert with what the Congress support for these initiatives and to cided to revoke the visa to have the has already decided, both the House work with me to secure greater U.S. head of Cuban imports come into this and the Senate. contributions for these international country, they said: It is not our policy Let me turn to the trade issue of fast efforts in the future—through the to encourage the sale of food to Cuba. track for a few moments. I see some Global Fund to Fight AIDS, as well as Now, I find it just byzantine that our colleagues in the Chamber who wish to other bilateral assistance programs. State Department would say: No, we speak. I will not speak as long as I had To borrow Secretary Colin Powell’s don’t want the head of the Cuban agen- intended. They will want the oppor- words: cy that purchases agricultural com- tunity to have a portion of this time as Our response to this crisis must be no less modities to come to our country to well. comprehensive, and no less relentless, than purchase those commodities and, the AIDS pandemic itself. therefore, we will revoke his visa. Let me quickly put up a chart show- Mr. President, this is something that When will those who take that posi- ing an excerpt from ‘‘Inside U.S. we need to work harder on in the tion wake up and understand that Trade,’’ a publication on international United States, in Africa, in the Carib- using food as a weapon is merely shoot- trade. It quotes U.S. Trade Representa- bean, and throughout the world—wher- ing ourselves in the foot? tive Zoellick speaking to a business ever people suffer from AIDS. I thank I have now written a letter to Pedro group in Chicago. Mr. Zoellick de- the Chair, and I suggest the absence of Alvarez in Alimport and said: I am in- scribed lawmakers and lobbyists who a quorum. viting you to this country; a U.S. Sen- oppose a trade promotion authority The PRESIDING OFFICER (Mr. CAR- ator is inviting you to this country. I bill sponsored by House Ways and PER). The clerk will call the roll. would like you to come to America; I Means Committee Chairman BILL The legislative clerk proceeded to would like you to come to North Da- THOMAS as ‘‘xenophobes and isolation- call the roll. kota; come to North Dakota and buy ists.’’ Mr. DORGAN. Mr. President, I ask wheat from our wheat farmers and buy unanimous consent that the order for dried beans from those who plant dried The Trade Ambassador says those the quorum call be rescinded. beans. who oppose fast track are xenophobes The PRESIDING OFFICER. Without I wrote a letter to the State Depart- and isolationists. This really fits the objection, it is so ordered. ment saying: You have a responsibility way this thoughtless debate always f to give these people visas to come here. plays out on trade. Instead of it being ANDEAN TRADE PREFERENCE I do not know what on Earth the a thoughtful debate about what Amer- ACT—MOTION TO PROCEED—Con- State Department is thinking. I have ica’s real trade policy ought to be to tinued talked to someone at the State Depart- benefit this country, it turns quickly Mr. DORGAN. Mr. President, I want ment who indicated that the matter is into a thoughtless debate by those who to speak about fast-track trade author- being reviewed. I said: Can you tell me say there are only two sides: Those who ity, which is now known by the euphe- who decided to revoke the visas? Who support free trade, globalization, ex- mism ‘‘trade promotion authority.’’ decided that farmers in America should panded trade, and have a world view Before I do that, I want to talk for a be the victims of this foreign policy that will allow them to see well over moment about what is happening with nonsense? Who was it? Who made the the horizon and understand the world respect to trade with Cuba. Since we phone calls? I want to know who said much better than others, and those are on the subject of trade, there is that this is political, this isn’t trade who are just xenophobic, isolationist something happening with Cuba about policy, and the politics persuade us we stooges. That is how this debate is which I believe I must alert the Senate. ought to revoke visas from someone characterized: Those who think and As you know, a wide majority in both from Cuba who wants to come to this those who do not. the U.S. Senate and the House has county and buy wheat, dried beans, ap- There is an old saying: You ought not ples, and other commodities from the agreed that we should not use food as a ever buy anything from somebody who weapon and that the 40-year embargo United States. is out of breath. There is a kind of with Cuba—at least with respect to I just do not understand why we have breathless quality to this debate about food and medicine—should be loosened. people in this country who still think fast track: It just has to be fast track; So by a vote of the House and of the that way. We ought never use food and if it is not fast track, we cannot pursue Senate, we are now able to sell food to medicine as a weapon. We have done it Cuba. for 40 years with respect to Cuba. We international trade agreements. Yet under current law, the Cubans can sell food to China. That is a Com- That, of course, is total nonsense. We are not allowed to purchase food from munist country. We can sell food to did not give Bill Clinton fast track

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2002 CONGRESSIONAL RECORD — SENATE S3491 when he was President. I did not sup- suggests somewhere over 3 million jobs We were promised with the U.S.-Can- port giving him fast-track trade au- have been lost comparing prior to ada free trade agreement that this thority when he was President, and I NAFTA and WTO and after NAFTA and would not happen, but it did. It not do not support giving George W. Bush WTO. only happened and an avalanche of un- fast-track authority either. Some say: This is just a global econ- fairly traded Canadian grain came Yet in the Clinton Presidency they omy, and let’s just move goods every- down injuring our farmers, but when did negotiate trade agreements. How where, and whatever happens happens. we got to the bottom of it, we found did they do that? They do not need fast They ignore the fact that in this coun- out that our trade ambassador entered track to negotiate trade agreements. try, we have had people fight in the into a secret side agreement with Can- Fast track is simply a mechanism by streets, we have had people killed in ada, and our negotiators refused to tell which the Congress says: Wait a the streets for the right to form the truth about it even in a committee minute, before you negotiate in secret unions. We had people take to the hearing in the U.S. House of Represent- the next trade agreement, let us hand- streets to demand fair and safe work- atives when asked directly about it. cuff our arms behind our back; please places. We had people marching in the This is what has happened with Cana- let us do that; then you negotiate in streets in this country dealing with dian wheat exports in the United secret; and when you come back, we child labor laws. For 75 and 100 years, States and U.S. wheat exports to Can- wear handcuffs so we will not be able we have confronted all of these tough ada: a pail versus a thimble, but that to offer even one amendment to this issues in the United States, and we pail represents serious damage to U.S. trade agreement you have negotiated have created an environment in which farmers. in secret. That is what fast track is. an employee has to have a safe work- There are some other trade problems. There are a good many Members of place, be paid a decent wage, a business I have spoken at great length about Congress who sign up. I do not know, cannot hire kids, cannot dump pollut- beef in Europe. We have not been able there is some kind of masochistic urge ants into the stream and the air, and to get most U.S. beef into Europe for 10 in trade, I guess, to say: Let’s do this, employees have a right to organize as a years because they say we use beef hor- let’s tie our hands, and then allow labor union. mones. They portray our cows as hav- someone else to negotiate in secret. Economists always remind us of the ing two heads over in Europe. Here is what the Constitution says importance of comparative advantage We took Europe to the WTO, the about the Congress. Article I, section 8, in determining what country gets to World Trade Organization. We took our says: produce what products. But should case to the WTO and we won. The WTO said, yes, Europe is wrong so you can The Congress shall have Power . . . To reg- child labor be a comparative advantage ulate Commerce with foreign Nations. . . . in trade? The legal minimum age for go ahead and exact some penalties with respect to Europe. It does not say the President. It does child workers in Peru is 12 years old. When someone takes the product of a Do you want to know what we did? not say the U.S. Trade Ambassador. It 12-year-old, who works 12 hours a day We were upset that Europe would not does not say some unnamed trade nego- and is paid 12 cents an hour, and ships allow our beef in. We went to the WTO. tiators. The Constitution says: it to Pittsburgh or Los Angeles or Den- The WTO said, yes, Europe is guilty. So The Congress shall have Power— the United States says, all right, what The word is ‘‘power.’’ ver or Fargo, and puts it on the store shelf, is that fair trade? Is that what we are going to do is we are going to The Congress shall have Power . . . To reg- retaliate. We retaliated against Euro- ulate Commerce with foreign Nations. . . . we want American workers to compete with? pean shipments to the United States of In recent decades—three decades, in There are 3 million workers in Brazil goose liver, truffles, and Roquefort fact—we have had Presidents negotiate under the age of 15. Fair competition? cheese. Now that is enough to scare the just five trade agreements under fast Or how about people making shoes for devil out of an opponent; is it not? A track: GATT, United States-Israel, 24 cents an hour in Indonesia? Fair trading partner like Europe, we say United States-Canada, NAFTA, and the competition? they better watch it; we are going to WTO. People say, well, America has to be- slap them with goose liver, truffles, I want to show a chart showing the come competitive. Competitive with and Roquefort cheese? What kind of effects of one of these agreements. We what? With 12-year-old kids making 12 remedy is that? When Europe was gave fast-track trade authority to ne- cents an hour or 24 cents an hour? Is upset about the recent steel decision, gotiate a trade agreement with Canada that the marketplace in which we de- they said, we are going to respond with and Mexico. Prior to that, we had a scribe fair trade competition? tariffs on U.S. steel, textiles, and cit- small trade surplus with Mexico. Of Before we pass fast track, I would rus products. course, after this agreement was done, like to see a little bit of progress by How about Korean automobiles? it turned into a huge deficit. Prior to our trade officials to solve a few prob- Maybe we could ask our trade ambas- that, we had a modest deficit with Can- lems they have created recently. I am sador to fix that. I have gotten several ada. After a trade agreement was nego- not asking for the Moon. I am saying letters from Korea recently because I tiated with Canada, the deficit ex- before they run off and, under fast have been talking about their auto- ploded. We turned a trade relation with track, negotiate new trade agreements, mobile industry. Last year there were Mexico that was a positive relationship how about doing something that stands 618,000 Korean automobiles shipped into a negative relationship, and with up for this country’s economic inter- into the United States, Daewoos and Canada we had an explosion of the def- ests? How about solving a few problems Hyundais, into our marketplace. That icit. that have been created in past trade is fine with me, but do you know how I thought it would be interesting to agreements? many U.S. automobiles were shipped take a look at a chart that showed I will talk first about Canadian into Korea? We were able to sell 2,800 what happened to our trade deficits wheat because that is a huge problem U.S. cars in Korea. For every 217 Ko- through all of these trade agreements. for my state of North Dakota. We had rean cars sold in the U.S. marketplace, Every time we have another agree- a trade agreement with Canada. We al- we were able to sell one in the country ment, the trade deficit goes up, up, and lowed Canada to sell its wheat through of Korea. Why? Because Korea does not way up. a sanctioned monopoly called the Ca- want U.S. cars in the marketplace. It is One might ask: What is the dif- nadian Wheat Board, which would be il- very simple. ference? The difference is this line legal in this country. It then sends an Is there somebody who will stand up means jobs in this country, good jobs, avalanche of unfairly subsidized Cana- and say this is unfair trade? Because, manufacturing jobs, and this line sug- dian grain into this country, taking after all, this represents a loss of good gests an erosion of the manufacturing money right out of the pockets of our manufacturing jobs in our country, sector in this country. farmers. It goes on year after year in a when there is that kind of trade imbal- Under fast-track trade authority, relentless way and no one stops it. ance. which Congress has given to some Why? Because the remedies to stop un- Is there someone who will fix that Presidents, the major export has been fair trade have been emasculated in our problem? The beef problem with Eu- jobs. The Economic Policy Institute trade agreements. rope? The grain problem with Canada?

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3492 CONGRESSIONAL RECORD — SENATE April 29, 2002 Or how about wheat flour to Europe? For the first 25 years after the Sec- Congress to be consulted by the Presi- Or eggs? Let me use eggs as an exam- ond World War, our trade was almost dent of the United States in every step ple. We cannot get American eggs in all foreign policy. We could compete of that process. Congress reviews the the European marketplace. Do you anywhere in the world with one hand agreement that the President brings it know why? Because American eggs are tied behind our back. We were the big- back. We have the last say. If we do not washed. They will not allow washed gest, the best, and the strongest. In the pass it, it does not become law, and American eggs into the European mar- second 25 years, things have gotten there is no agreement, no matter how ketplace. So we do not have a market tougher. Our competitors are shrewd, much the President negotiated with 143 for American eggs. Pork chops to tough, international competitors, and other countries to bring that agree- China, T-bone steaks to Tokyo—I will it is time that our foreign policy stop ment back to Congress. speak tomorrow at much greater being the dominant force in trade pol- We in Congress do not see trade pro- length about a range of these issues. icy. It is time our country stand up for motion authority as Congress giving I ask this question: Mr. President its own economic interests and demand away all its power over international and Mr. Trade Ambassador and others, fair trade. We ought to do that before trade to the President of the United you are so anxious to go negotiate a we embark on any notion about fast- States. Not at all. We cannot do that new trade agreement. How about solv- track authority for any President. without amending the Constitution. ing a few of the trade problems that That is in the best interest of this We don’t intend to amend the Constitu- have been created? country, in my judgment. tion to do that. However, trade promotion authority Brazil sends sugar to Canada. It is I see my colleague from Iowa is in is a type of contract with the President loaded on molasses, liquid molasses, the Chamber. I yield the floor. and sent into the United States. Molas- The PRESIDING OFFICER. The Sen- of the United States to negotiate for us because the Congress of the United ses becomes the carrier for sugar that ator from Iowa. could otherwise not enter under U.S. Mr. GRASSLEY. Mr. President, States, as the legislative arm of our law. They ship it down into Michigan, President Clinton used to brag—and I Government, is not capable, with 535 offload the sugar, send the molasses think correctly—during the years he men and women, of negotiating with back to get another load of Brazilian was President that some 20 million jobs 144 other countries in the World Trade Organization, or with another 30-some sugar to Canada, fundamentally under- were created during his Presidency. countries in the Western Hemisphere if cutting our sugar program. In my judg- Those are statistics that speak for you are talking about regional FTAA ment, it is an abrogation of fair trade. themselves. It has been going on for years. Yet you In regard to this debate before the trade negotiations, or even on a bilat- eral basis negotiating with Chile or cannot get anybody to do anything Senate, President Clinton said about with Singapore, which are in process about it. one-third of the jobs were created be- In the legislation that is going to now. cause of international trade. Quite ob- We want our President to be credible come up on trade adjustment assist- viously, the last Democrat President ance, I believe that the molasses prob- at the negotiating table. When the talked about the importance of trade. President has Trade Promotion Au- lem is being addressed by some con- Jobs are created by trade. Those are cerned members of the Senate. But the thority, other countries, negotiating jobs that pay very good wages—13 to 18 point is that we have chronic trade with the United States, know the percent higher than the national aver- issues and that administrations do not President is a credible negotiator. age. It is estimated 1 in 10 Americans, do enough about these problems. We have been told the United States We have an enforcement division 12 million people, are employed in jobs loses so much when we negotiate. We down in the Commerce Department. We related to goods and services. don’t lose anything when the rest of The important issue of trade pro- have some enforcement in USTR. I the world’s tariffs are way up here and motion authority is before the Senate. have not seen the statistics lately, but ours are much lower; we cannot go do you know how many people we have It has worked, as has already been cor- much lower. When we bring foreign tar- dealing with China and Japan? We have rectly stated. Presidents since Presi- iffs down, even if we bring them just eight people enforcing trade agree- dent Ford have periodically have had partway down and not down to our low ments with Japan, a country with trade promotion authority. It has led level, it is a win-win situation for the which we have a $60 billion to $70 bil- to trade agreements passed by Con- United States. lion trade deficit, and they cannot even gress. They are now the law of the I quote Harvard economist Jeff tell us what the agreements are that land. Frankel, estimating that the economic we have with Japan, let alone tell us When it was pointed out—correctly— benefits of a successfully completed whether they are enforcing them. that Congress has the power to regu- new round of WTO trade negotiations This country does not do right by its late interstate and foreign commerce, would mean $7,000 per individual or, as producers, farmers, manufacturers, and that is very true. But remember that we measure in this country, the unit of others in the area of international Congress does not have the ability to the family, about $28,000 for a family of trade. So we are now requested by this negotiate with other countries—par- four. This estimate was even backed up administration to give them fast-track ticularly 144 countries in the World by Chairman of the Federal Reserve authority so they can negotiate an- Trade Organization—in a way that Board, Alan Greenspan. He said before other agreement somewhere in the could be considered an expeditious way the Senate Finance Committee when world. I say that we ought not give of reaching an agreement. he testified last year on the impor- fast-track authority. I would not sup- We form a sort of contract with the tance of trade promotion authority to port it for President Clinton. I do not President of the United States. This is the President, that the estimates made support it for this President. not just for Republicans and Repub- by Jeff Frankel, were very credible es- I think it is time for us to stand up lican Presidents. Republicans in this timates. for this country’s economic interest. body tried to form such a contract with As just one example of the advantage No, not build a wall, not keep goods President Clinton in the last adminis- of a trade agreement to the United out of our country. This is not about tration, but his own party would not States, look at Caterpillar, located in isolationism. This is about standing up let him have this authority. Trade pro- several countries around the world, but for this country’s manufacturing sec- motion authority is a type of contract with its main operation in the United tor and its workers, saying that we will between the Congress and the Presi- States. The corporate headquarters is compete any time, anywhere, as long dent of the United States in which the in the United States. I have an example as the conditions of competition are President, in very precise ways, is of a $187,000 Caterpillar, model 140H, a fair, but we demand fair trade. given the authority by Congress to motor grader tractor, made in Amer- One final point: I started by talking agree, on the part of Congress, with ica. If shipped to Chile, it is slapped about Cuba. The revocation of the visas goals that will be pursued at the nego- with $13,090 in tariffs and duties, or 7 that I described is about politics. It is tiating table. percent of the tractor’s cost because we not about trade policy. It is about This legislation will help achieve do not have a free trade agreement pointy-headed foreign policy. those goals. It establishes a format for with Chile.

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2002 CONGRESSIONAL RECORD — SENATE S3493 That same tractor can be made in also an issue of expanding the world mous economic consequences for the Brazil by a Caterpillar plant in Brazil economic pie for social stability, polit- United States. We currently sell less and shipped to Chile with only a $3,740 ical stability, and eventually world than 8 percent of our exported goods tariff because Brazil has some trade peace. south of Mexico’s southern border— agreements with Chile. Obviously, not Mr. President, I support cloture on meaning Central and South America. a free trade agreement but some agree- the motion to proceed on one of the In terms of competitiveness in ex- four trade bills that will be before the ments that reduce the tariff from 7 per- ports, we are underperforming in our Senate in the next several weeks. The cent on a tractor made in the United own hemisphere. A successful conclu- one before us is the Andean Trade Act. States to 2 percent. sion to the Free Trade Area of the This vote is far more than a vote on If that same tractor is made in Can- Americas talks will help us catch up, ada, because Canada has a free trade cloture on the motion to proceed on the Andean bill. In the next few days, but the President needs trade pro- agreement with Chile, there are no tar- motion authority to make that happen. iffs whatsoever on that Caterpillar starting with and moving beyond this motor grader tractor made in Canada. vote, we may finally take up other The United States is currently pur- We have to ask ourselves, as Sen- trade bills: trade promotion authority, suing new World Trade Organization ators for the entire United States, trade adjustment assistance, the Gen- negotiations with 143 other nations in would you not rather have the Cater- eralized System of Preferences, or Geneva. These negotiations are, right pillar tractor made in America and GSP, and trade adjustment assistance. now, underway. Our negotiators are shipped to Chile than have it made in This vote is in reality a referendum meeting with their counterparts in Ge- Canada or have it made in Brazil and on the future leadership of U.S. trade neva almost as we speak to try to ham- shipped to Chile? policy. After months of delay, it is fi- mer out procedures for addressing the This decision is a no-brainer, Mr. nally a long overdue acknowledgment major issues in these important nego- President. We have seen so much ad- of the Senate’s important constitu- tiations, issues such as market access vancement in the rural economy since tional and political responsibility for for America’s farmers and ranchers for the process of reducing tariffs world- U.S. trade policy. As such, today is the all of our agricultural products. They wide. Originally called GATT, now start of the most important legislative are all on the table, but without trade called the World Trade Organization period on the Senate floor for Amer- promotion authority, our negotiators process, WTO for short, that process ica’s trade policy since trade negoti- have one hand tied behind their backs. has been going on since 1947. We ought ating authority for the President That is something that before this de- to be satisfied with what world trade lapsed in April 1994. bate is over I hope I can convince the It was in 1994 when a critical ingre- has done for America, that it is good Senator from North Dakota of—who dient of American global leadership in for America, it is good for the world, spoke previous to me—that it is very trade policy was lost, trade promotion and that if we are going to be in this important not to negotiate from a posi- authority. As a result, in the last 8 business of having America’s leader- tion of disadvantage. years the United States has been se- ship continue as it is in the war Right now, without trade promotion verely handicapped in its ability to against terrorism, but more based upon authority, do not have credibility at conduct major trade negotiations. Yes, our military prowess than anything the negotiating table. We need credi- we recently concluded a free trade else, but backed up by economic bility to set the agenda and to influ- agreement with Jordan and we have ence the scope and timing of these strength, it seems to me if the Presi- started Free Trade Area of the Amer- dent of the United States can have icas negotiations. That is the Western talks. trade promotion authority and con- Hemisphere regional free trade zone. Without trade promotion authority, tinue to be the leader in reduction of We also have bilateral free trade nego- our foreign competitors will have the world tariff trade barriers and non- tiation going on with Singapore and upper hand. They will determine the tariff trade barriers, as the United with Chile right now. scope and the timing of the World States has been between 1947 and 1994 We have been involved with three Trade Organization negotiations to when the authority ran out, we are agreements in the last 6 years. The rest their advantage—obviously not to the going to have an additional advan- of the world has adopted 130 or more advantage of the United States. tage—an additional tool for world lead- preferential trade agreements; 127 of Last Friday the Agriculture Coali- ership to use in pursuing peace sooner. which we were not a party to. That The other side of the coin is that if tion for Trade Promotion Authority, damages America’s trade interests. which represents more than 80 food and you are going to have an expanding The European Union has 27 pref- world population—which we all know is agricultural groups, sent a letter to erential or special customs agreements congressional leaders. It was signed by underway and is going to be underway with other countries and is negotiating for decades to come—you cannot have 29 university agricultural economists. I 15 more. Our international competi- will read from a portion of that letter: stagnant world economic growth. More tors, then, are clearly not waiting for people with less material goods are the United States of America while . . . There is an important political dimen- only going to lead to social instability, they negotiate and while we get our sion in all trade negotiations, and without political instability, and the opposite trade promotion authority, the ability of the act together. We have been, for about 6 United States negotiators to press for agree- of world peace. years now, maybe 8 years, trying to get An expanding world economic pie can ments on our terms and our agenda will be our act together. fatally weakened. . . . Trade Promotion Au- only come through the reduction of The lack of trade promotion author- thority is an indispensable tool that U.S. trade barriers, and that only comes ity is already affecting our effective- trade officials need now to keep U.S. agri- through this process of global trade lib- ness at the negotiating table in the culture on the path of prosperity and long- eralization that in the WTO. That is Western Hemisphere negotiations term economic growth. the only way we are going to have an called the Free Trade Area of the The individuals who signed that let- expanding world population with more Americas. I recently commissioned a ter are some of the most distinguished people having more material goods, General Accounting Office study on the agricultural economists in our coun- more prosperity, and more social sta- status of the Free Trade Area of the try. I am sure some of my colleagues bility and political stability as well, Americas negotiations. They found the would recognize their names. I hope we and the peace that will come with it. Western Hemisphere participants be- hear their message very clearly. I am Even though during these weeks of lieved that the absence of the Presi- suggesting it is wrong not to act on debate on trade promotion authority dent’s trade promotion authority has their advice. we are going to be talking about its thwarted the negotiations to the ex- economic benefits, and some other peo- tent that some countries are not will- I ask unanimous consent that entire ple will be talking about the economic ing to make the necessary concessions letter be printed in the RECORD. harm they see coming from trade pro- to move negotiations forward. There being no objection, the mate- motion authority, from my perspective This lack of progress of the Free rial was ordered to be printed in the it is not just an economic issue. It is Trade Area of the Americas has enor- RECORD, as follows:

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TPA COALITION COMMENDS LETTER TO CON- substantial portion of our production is ex- James E. Ross, Ph.D., Courtesy Pro- GRESSIONAL LEADERS FROM PROMINENT AG- ported, the strong recent growth in exports fessor, International Trade and Devel- RICULTURAL ECONOMISTS of job-creating high value and processed ag- opment Center, Univerisity of Florida; The Agricultural Coalition for Trade Pro- ricultural products, and the contribution ex- Vernon Oley Roningen, Ph.D., Con- motion Authority today commended the 29 ports make to the overall farm economy. sulting Services and Economic Anal- university agricultural economists who However, we also recognize that there is an ysis, VORSIM; Jimmye Hillman, Ph.D., signed a letter in support of TPA that was important political dimension in all trade Professor Emeritus, International Ag- sent Friday to Congressional leaders. The negotiations, and that without TPA the abil- ricultural Policy University of Ari- letter, which will go to every House and Sen- ity of U.S. negotiators to press for agree- zona; and Luther G. Tweenten, Faculty ate member today, points out that without ments on our terms and our agenda will be Emeritus, Agricultural, Environmental trade, the U.S. farm economy would be in a fatally weakened. Indeed, there is a deadline & Development Economics, Ohio State desperate situation and that without TPA, of March 2003 in the ongoing WTO agri- University. ‘‘the ability of U.S. negotiators to press for culture negotiations for establishing the framework of the final agreement—which is Mr. GRASSLEY. On the subject of agreements on our terms and our agenda will another trade bill coming before us, I be fatally weakened.’’ referred to by our trade negotiators as estab- Following is the text of the letter. The Ag- lishing the ‘‘modalities.’’ If the U.S. is to want people to know I strongly support riculture Coalition for TPA includes more provide effective leadership in establishing what we have had since 1963, called than 80 food and agriculture groups dedi- these modalities, our negotiating partners trade adjustment assistance. It is com- cated to the passage of legislation granting must know that U.S. leadership is based on ing up for reauthorization. It has been the president Trade Promotion Authority. It and supported by authority from Congress. an integral part of our trade policy for is co-chaired by the National Pork Producers In short, TPA is an indispensable tool that about 40 years. Council and Farmland Industries. U.S. trade officials need now to keep U.S. ag- riculture on the path of prosperity and long- We need to update trade adjustment APRIL 26, 2002. term economic growth. assistance and make it more effective Hon. THOMAS A. DASCHLE, Sincerely, for people whom it is designed to serve. U.S. Senate, Finally, I would like to say a few Washington, DC. Dermot Hayes, Ph.D., Professor of Eco- nomics, Iowa State University; Colin words about the Andean trade bill. Hon. TRENT LOTT, A. Carter, Ph.D., Professor, Agricul- U.S. Senate, That is the bill which the cloture mo- tural Marketing, International Trade, Washington, DC. tion we are debating is on. UC Davis College of Agricultural and Hon. RICHARD A. GEPHARDT, The Andean trade bill will enable the Environmental Sciences; Mechel S. U.S. House of Representatives United States to constructively engage Paggi, Ph.D., Director, Center for Agri- Washington, DC. with our Latin American neighbors at cultural Business, California State Hon. J. DENNIS HASTERT, University, Fresno; Daniel A. Summer, a time when many of them face enor- U.S. House of Representatives Director, Agricultural Issues Center, mous economic and political chal- Washington, DC. University of California, Davis; Frank lenges. There is political instability DEAR SENATOR DASCHLE, SENATOR LOTT, H. Buck, Jr., Professor, Department of and the social instability in some of REPRESENTATIVE GEPHARDT, AND MR. SPEAK- Agricultural and Resource Economics, ER: We, the undersigned agricultural econo- those countries because they face se- University of California, Davis; Mi- mists from the nation’s agricultural col- vere economic challenges. There are chael Reed, Ph.D., Director, Graduate leges, universities and research institutions, more people with less growth and fewer Studies, University of Kentucky; John strongly support trade negotiations to ad- material goods for the people. What the C. Beghin, Ph.D, Professor of Econom- vance U.S. agriculture’s interests in the ics, Iowa State University; Cary W. Andean pact comes down to is that we global market. Herndon, Jr., Professor, Department of need—and the Andean nations need—a Despite the frustrations some in the farm trade policy that will positively affect community voice today about recent trade Agricultural Economics, Mississippi agreements, U.S. agriculture would be sub- State University; Julian M. Alston, trade between our countries. stantially worse off had it not been for those Professor & Agricultural Economist, Where I come from—the little town arrangements. The fall in exports resulting University of California; Gary Storey, of New Hartford, IA—when your neigh- from the Asian financial crisis and the un- Agricultural Economics, University of bor down the road has an emergency, usual string of years of strong global crop Saskatchewan; Gail L. Cramer, Pro- or needs a hand, in that Midwestern production would have been worse without fessor and Head Department of Agricul- spirit we reach out to help. The United the access opportunities in Mexico and many tural Economics and Agribusiness, States pretty much has adopted the other markets that NAFTA and the Uruguay Louisiana State University; Timothy G. Taylor, Professor and Director, Cen- same policy as part of our responsi- Round provided. bility of world leadership since World Clearly, there remain important tariff and ter for Agibusiness, University of Flor- subsidy inequities that impede U.S. exports. ida; George C. Davis, Associate Pro- War II. It happens all over America. Global food and agriculture tariffs average 62 fessor, Texas A&M University; P. Lynn Neighbors help and support each other. percent, while U.S. food and agriculture tar- Kennedy, Ph.D., Department of Agri- When our Andean neighbors—Colom- iffs average only 12 percent. But the only cultural Economics & Agribusiness, bia, Peru, Bolivia, and Ecuador—found practical way to deal with these problems is Louisiana State University; Timothy themselves under siege by narco-ter- through the multilateral, regional, and bilat- E. Josling, Professor of Food Research, rorists, we reached out to help these eral trade negotiations the Administration Stanford University; Gary W. Williams, hemispheric neighbors. Through the Ph.D., Professor of Agricultural Eco- has undertaken, and for which it must have Andean Trade Preference Act, we de- Trade promotion authority (TPA). While the nomics, Texas A&M University; Barry Goodwin, Professor, Agricultural, En- signed a plan that is based on trade— regional and bilateral trade initiatives cur- not aid—following the advice of Presi- rently under negotiation are important, the vironmental & Development Econom- most promising trade initiative for U.S. food ics, Ohio State University; Chris Bar- dent Kennedy 40 years ago that focuses and agriculture producers is the ongoing rett, Associate Professor, Applied Eco- upon people’s self-help. That is what multilateral World Trade Organization nomics & Management, Cornell Univer- trade is all about. Aid is all about (WTO) negotiations. sity; Thomas W. Hertel, Professor of doing something for somebody instead To put the importance of trade and the Agricultural Economics, Purdue Uni- of helping themselves. But trade is need for negotiations in perspective, it is versity; David Harvey, Ph.D., Professor about helping people to help them- worth pointing out that the value of U.S. ag- of Agricultural Economics, University of Newcastle upon Tyne; Scott R. Pear- selves so they eventually develop to a ricultural exports—now around $54 billion— point—such as Korea, Japan, Taiwan, frequently tracks or exceeds the level of net son, Professor, Food Research Insti- farm income each year. Without exports, tute, Stanford University; David Abler, and Thailand have in the last 40 farm and ranch income would plummet. Ph.D., Professor and Graduate Officer, years—where they don’t need our help. The domestic U.S. market is, of course, the Agricultural, Environmental and Re- The Andean pact uses trade to pro- principal destination for most of our farm gional Economics, Penn State Univer- mote economic development through a output. However, the U.S. population is only sity; Eric Monke, Ph.D., Professor, Ag- diversified export base as an alter- about 4 percent of the world’s total. In- riculture/Resource Economics, Univer- native to the allure of the drug trade. creased access to the other 96 percent, which sity of Arizona; David Blanford, Ph.D., I also support the Andean trade bill be- Professor and Head, Department of Ag- can only be accomplished through trade ne- cause it recognizes that trade and pros- gotiations, would offer U.S. producers an- ricultural Economics and Rural Soci- other—and potentially enormous—outlet for ology, Pennsylvania State University; perity go hand in hand. Trade is not our high quality production. Maury E. Bredahl, Director, Center for just for rich countries such as the As economists, we tend to view issues in International Trade Studies, United States, it is also for countries terms of numbers: the data that show that a Univerisity of Missouri-Columbia; that aspire to be rich.

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2002 CONGRESSIONAL RECORD — SENATE S3495 What country looking at the United pating countries develop a broader ex- The gains from an expanded Andean States wouldn’t like to have the pros- port base. Trade Act, strengthened democracies perity the United States has developed The results over the past decade have and stronger, more vibrant economies, in the last hundred years and become been very encouraging. The Andean will encourage even more U.S. invest- the richest nation in the world? Coun- Trade Preference Act has generated ment and exports to the region, cre- tries want better and more secure lives $3.2 billion in new output and $1.7 bil- ating more jobs at home and fostering for their people. Countries want better lion in new exports to the United greater economic growth. health care, better education, and a States. Export diversification has re- My home State of California, the better future for their children. sulted in the creation of 140,000 jobs in fifth largest economic engine in the Through the Andean Trade Pref- the region. world and a leader in global commerce, erence Act and complementary trading The excellent cooperation of partici- will greatly benefit from increased initiatives, such as the free trade areas pating countries with the United prosperity and political stability in the of the Americas, we can help achieve a States in the fight against narcotics Andean region. production and trafficking has resulted new era of hemispheric economic co- If we do not act, U.S. credibility and in significant gains. For example, coca operation that will not only benefit leadership in the region will suffer and cultivation in Bolivia has fallen by 68 those countries to the south of us but future efforts to expand trade in Cen- it will benefit us as well. The Andean percent and in Peru by 74 percent. Unfortunately, we have not seen tral and South America will be met nations know that trade—not aid—is with skepticism and resistance. the best way to overcome the frag- similar progress in Colombia, but this CLOTURE MOTION mentation of Latin American econo- is due more to political instability and mies and build self-sustaining growth the continuing struggle against narco- The PRESIDING OFFICER. Under that nourishes democratic institutions. terrorism. I am hopeful that these dif- the previous order, pursuant to rule The United States must get off the ficult issues can be resolved and that XXII, the Chair lays before the Senate sidelines. We need to get back into the Colombia will enjoy the full benefits of the pending cloture motion, which the middle of the negotiating circle and this bill. clerk will report. Just as important, the Andean Trade back into our customary role as leader The legislative clerk read as follows: Preference Act has given hope to the of the world economy in trade, as we CLOTURE MOTION people of the region for a better tomor- have been generally since at least 1947. row and has shown them that the jour- We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the But we haven’t been there in the last ney from poverty to economic pros- few years. The rest of the world is not Standing Rules of the Senate, hereby move perity need not begin with the cultiva- to bring to a close debate on the motion to going to stand around and wait for us. tion of illicit narcotics. They are negotiating over 100 agree- proceed to Calendar No. 295, H.R. 3009, the Nevertheless, despite these success Andean Trade Preference Act: ments, and we have negotiated 3. stories, the Andean Trade Preference Max Baucus, Zell Miller, Harry Reid, The longer we wait, without credi- Act expired on December 4, 2001 and Tom Carper, Joseph Lieberman, Bob bility at the negotiating table, the the 90-day suspension of import duties Graham, John Breaux, Blanche L. Lin- more harm will be done to our political on eligible products issued by Presi- coln, Ron Wyden, Dianne Feinstein, and economic interests. By not leading dent Bush is set to expire on May 16. Ben Nelson, Trent Lott, Charles Grass- the world, we are not going to help the The House passed its own version of ley, Orrin G. Hatch, Jon Kyl, Rick world economy grow as large as that the Andean Trade Preference Expan- Santorum, Pat Roberts. world economy can grow. sion Act on November 16, 2001. That The PRESIDING OFFICER. By unan- It is very important to get this de- bill has now come to the Senate floor imous consent, the mandatory quorum bate started. To get this debate start- and will be amended to include Trade call has been waived. ed, we have to have a yes vote on clo- Promotion Authority legislation. I am The question is, Is it the sense of the ture on this bill so we can overcome a concerned that this will slow passage Senate that debate on the motion to few Members of the Senate who believe of the underlying bill. proceed to H.R. 3009, an act to extend the United States ought to be more pa- If the United States continues to the Andean Trade Preference Act, to rochial and a little more isolated. That delay passage of the Andean Trade grant additional trade benefits under is not a place where America has been Preference Expansion Act, the partici- that act, and for other purposes, shall since 1947. pating countries will be put in a vul- be brought to a close? I yield the floor. nerable position and could face dev- The yeas and nays are required under I suggest the absence of a quorum. astating consequences. They will deal the rule. The clerk will call the roll. The PRESIDING OFFICER. The with increased narcotics production The assistant legislative clerk called clerk will call the roll. and trafficking, and the gains of the the roll. The legislative clerk proceeded to past ten years will be lost. Mr. REID. I announce that the Sen- call the roll. In addition, in a recent meeting, the Mr. BAUCUS. Mr. President, I ask ator from Missouri (Mrs. CARNAHAN), ambassadors of Colombia, Ecuador, and the Senator from New Jersey (Mr. unanimous consent that the order for Peru indicated to me that inaction on CORZINE), the Senator from Con- the quorum call be rescinded. this bill would result in the loss of tens necticut (Mr. DODD), the Senator from The PRESIDING OFFICER. Without of thousands of jobs. The hopes of hard New York (Mr. SCHUMER), and the Sen- objection, it is so ordered. working families will be shattered. ator from New Jersey (Mr. TORRICELLI) Mrs. FEINSTEIN. Mr. President, I Finally, Bolivia, Ecuador, and Co- are necessarily absent. rise today to express my support for lombia all face presidential elections the Andean Trade Preference Expan- this year, and the lack of closer trade Mr. NICKLES. I announce that the sion Act and the cloture vote on the ties with the United States could im- Senator from North Carolina (Mr. motion to proceed. pede continued growth of democracy in HELMS), the Senator from Idaho (Mr. However, I believe the Senate should the region. CRAIG), the Senator from New Mexico move forward on this important piece The resulting weakness of the central (Mr. DOMENICI), the Senator from Ar- of legislation separately from consider- governments will only serve to re- kansas (Mr. HUTCHINSON), and the Sen- ation of Trade Promotion Authority. enforce the strength of drug lords and ator from Alaska (Mr. MURKOWSKI), are I believe it is essential for the people their armies and destabilize the region necessarily absent. of Ecuador, Colombia, Peru, and Bo- even further. I further announce that if present livia and the people of the United We should also be concerned about and voting the Senator from North States that the Senate expeditiously our own economy and export growth. Carolina (Mr. HELMS) would vote ‘‘no.’’ debate and act on the Andean Trade Between 1991 and 1999, U.S. exports to The PRESIDING OFFICER (Mr. Preference Expansion Act on its own. the Andean region increased by 65 per- REED). Are there any other Senators in The original Andean Trade Pref- cent. The United States is the largest the Chamber desiring to vote? erence Act was designed to discourage source of imports for each of the par- The yeas and nays resulted—yeas 69, illicit drug production and help partici- ticipating countries. nays 21, as follows:

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3496 CONGRESSIONAL RECORD — SENATE April 29, 2002 [Rollcall Vote No. 97 Leg.] and middle-income families. I have an How can the administration make YEAS—69 AP story that says: that kind of request to the Congress? Akaka Durbin Lieberman The White House has suggested $5.2 billion Mr. President, I just want to make it Allard Edwards Lincoln savings from Federal student loan programs. very clear, as far as our committee Baucus Ensign Lott The White House Budget Director Mitch goes, I can say without fear of any con- Bayh Enzi Lugar Daniels proposed the savings to the House tradiction, this suggestion will not Bennett Feinstein McCain Speaker DENNIS HASTERT last week. Among Biden Fitzgerald McConnell Daniels’s proposed savings is to require col- pass. Bingaman Frist Miller lege students and graduates who wish to con- The last time we faced this type of Bond Graham Murray Boxer Gramm Nelson (FL) solidate their Government-backed education proposal was in 1981 under President Breaux Grassley Nelson (NE) loans to use variable interest rates, a change Reagan who suggested an origination Brownback Gregg Nickles from the current program. fee which was an additional burden on Campbell Hagel Reid I want to share with the Senate what students and their families who were Cantwell Harkin Roberts Carper Hatch Santorum has happened in my own State, and it taking out student loans. We were un- Chafee Hutchison Smith (NH) is replicated across the country. Just successful in stopping that fee, and I Cleland Inhofe Smith (OR) last year, we had some 36,000 families believe we will succeed in rejecting the Clinton Jeffords Specter consolidate their loans, taking advan- Cochran Johnson Stabenow elimination of the fixed rate consolida- Collins Kerry Stevens tage of the lower fixed interest rates. It tion loans. But I tell my colleagues, Conrad Kohl Thomas amounts to $1 billion. The average loan how in the world can you believe this Crapo Kyl Thompson in my State is $29,000. Let me be very administration is putting education Daschle Landrieu Voinovich clear, Mr. President. If the proposal DeWine Leahy Wyden first when it is trying to shortchange that is reported in the New York Times the students of this country in an un- NAYS—21 goes into effect, it will mean $3,000 fair and, I think, unwise way? Allen Hollings Sarbanes more for every $10,000 a person owes to Bunning Inouye Sessions Mr. SARBANES. Will the Senator the guaranteed loan program—$3,000; yield for a question? Burns Kennedy Shelby $10,000 over a 30-year period. That is Byrd Levin Snowe Mr. KENNEDY. I will be glad to $10,000 additional over a 10-year period Dayton Mikulski Thurmond yield. Dorgan Reed Warner if that student owes $30,000. Feingold Rockefeller Wellstone In my State of Massachusetts, the Mr. SARBANES. I must say, when I saw that article, the first thing I NOT VOTING—10 average consolidated loan is $29,000. To do what? According to Mr. Daniels, for thought to myself was: They must have Carnahan Domenici Schumer figured out some sort of unique way to Corzine Helms Torricelli the next year, it will mean $1.3 billion Craig Hutchinson in savings to the administration evi- achieve some savings in the college Dodd Murkowski dently so they can use it for the tax loan program which will not affect the The PRESIDING OFFICER. On this cut program for wealthy individuals. beneficiaries of the program. It never vote, the yeas are 69, the nays are 21. Talk about a financial transfer. This occurred to me until I read the article, Three-fifths of the Senators duly cho- administration is going to balance its to which the Senator has referred, that sen and sworn having voted in the af- books at the expense of students. They they were intending to take this firmative, the motion is agreed to. are talking about $1.3 billion from stu- money right out of the hide of the The Senator from Massachusetts. dents and middle-income families who beneficiaries. As I understand it, we have had this f will have to pay a variable rate on con- solidated loans, instead of taking ad- program where people can consolidate STUDENT LOAN PROGRAM vantage of the lower fixed interest their loans and lock them into place Mr. KENNEDY. Mr. President, I am rates at the present time. This is an ef- with a fixed interest rate. That has sure that when all of our colleagues fort to effectively fix the system so helped, as I understand it, to signifi- travel back to their States and meet that students and their families will cantly reduce the default rate on col- with parents and families, they are pay more so this administration can af- lege loans, if I am not mistaken. being asked about the increased cost of ford more in tax cuts. I think 10 years ago we had a default tuition at the universities and colleges Families pay what they can afford in rate at about 22 percent, and now we across the country. tuition for their children to go to have cut that rate to, what, about 5 I know that is true in my own State school, and depend on the federal loan percent? of Massachusetts. The average fees at programs for the remainder of the tui- Mr. KENNEDY. Five point six per- the University of Massachusetts, one of tion. When it comes time to help repay cent. our fine universities, are going up in those student loans, they will have to Mr. SARBANES. Five point six per- excess of $1,000 for this next year. pay higher interest rates, and they ask cent. Quite frankly, in my part of the why. Hard working families should get Mr. KENNEDY. Under the Clinton country, families are really concerned the best deal on interest rate that is administration. about the economic conditions. I know available. Mr. SARBANES. That is one of the The New York Times article goes on: the economic indicators, the GDP indi- benefits of providing a rational frame- ‘‘The Bush administration is seeking to work for students and their families to cators, are showing some improvement. ease its budget by squeezing $1.3 billion from Clearly, the unemployment figures are the Federal student loan program,’’ adminis- address these college loans. not reflecting the real situations of tration and congressional officials say today. First of all, we have to understand many Americans in many parts of the Whether it is the $1.3 billion as in the these students are taking on a tremen- Nation. So many Americans are facing New York Times or the $5 billion, what dous burden as they move through col- lay-offs and those that are finding new they are basically saying is the stu- lege in order to get a college education. jobs are often taking pay cuts. As dents and middle-income families are There are many people who argue we many states cut their higher education going to have to pay a good deal more are not doing enough to help lift that budgets, people are wondering how rather than taking advantage of the burden. But the notion that we should they are going to afford the increases lowest interest rates. now add to it in this significant man- in tuition. That is poor education policy. It is ner that the head of the OMB is talking Many of those attending school and grossly unfair to middle-income fami- about I find outrageous. recent graduates were very perplexed lies, and it is clearly not in the na- How are these people going to afford to read the story in the New York tional interest. Our national interest this college education? Times over the weekend that says: ought to be to encourage the best and We have set up a system which seems ‘‘Bush seeking to squeeze school loan the brightest to complete their edu- to be working pretty well. If anything, program.’’ cation, to be involved in the commu- we ought to provide more assistance, The student loan programs offer low- nities of this country, and contribute not less. I certainly commend the Sen- interest loans to full-time students. to our Nation’s democratic values and ator for taking to the floor to under- These programs are available to low its economic values. score this problem. I gather they want

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2002 CONGRESSIONAL RECORD — SENATE S3497 to try to do it in the supplemental ap- from Massachusetts is aware that 65 I am not going to put my family propriations bill, with very little con- percent of President Bush’s tax cut through that kind of indebtedness. sideration of its impact or an oppor- goes to people making over $500,000 a That is the message that will go out tunity to affect what is happening. year. So think about this for a second. with this proposal. Mr. KENNEDY. The State PIRGs The new college graduate coming out Mr. DURBIN. Asking the Senator to have completed an interesting study. It with a debt, in my State, of an average further yield, I will share with him this is an independent evaluation on higher $29,000, just got a $10,000 bill to collect statistic: 39 percent of college students education student loan debt. Their es- money, to do what? To give to the av- now graduate with debt loads that are timate on the cost to borrowers of erage person making over $500,000 a termed unmanageable, meaning their switching from a fixed rate to a vari- year a $39,000-a-year tax break. monthly payments are more than 8 able rate consolidation loan—this is What is wrong with this picture? Why percent of their monthly incomes. their estimate, not mine—for an aver- are we not helping the young men and With this Bush administration age graduate with $16,000 in college women who are going to lead this Na- change putting more debt on these stu- debt would have a $2,800 increase over tion with their education to take the dents, it becomes impossible for them the next 10 years and $6,300 if they kind of jobs that they need? to deal with this. chose to spread their payments over 20 I know the Senators from Maryland Mr. KENNEDY. But the Republican years. If one has $16,000 they would pay and Massachusetts know the situation response to that is these students are an additional $2,800—the average loan where so many young graduates want going to become lawyers and doctors so is $29,000 in my State. Do you under- to go into teaching, for example, and they will be able to afford it. Would not stand that? Mr. President, $16,000 is they look at their student loans and both my colleagues agree, we have a just about the national average loan. say: This is impossible. I cannot make shortage of 2 million schoolteachers in This is not my estimate, this is the es- enough money as a teacher. this country? What we are talking timate of the highly regarded and re- The Bush administration proposal about is schoolteachers. We are talking spected national group the Public In- would make their debt larger. For about social workers who we are trying terest Research Group. what? To give a tax break, two-thirds to help. We are talking about those I do not know how many people are of which goes to people making over who would be childcare providers. We consolidating loans in the State of $500,000 a year. This is totally upside are talking about police officials and Maryland and the State of Illinois, but down. nurses. These are the ones who are en- I do not think that higher rates are The student loan obligations for stu- tering low wage professions, trying to what these families deserve. They de- dents across America have doubled make it and to be responsible and pay serve the best possible low interest within the last 8 years. They are likely off their debt. They are the ones who rates. They are uncertain about their to go up in the future. The Bush ad- are going to find education virtually economic future. They are planning ministration proposal, I am afraid, is priced out. their life. They have every right to going to make it even more difficult Mr. SARBANES. Will the Senator consolidate at the lowest interest for our sons and daughters and yield? rates, and now the administration is grandsons and granddaughters to pur- Mr. KENNEDY. I am glad to yield. attempting to force them to pay the sue a higher education. Mr. SARBANES. The fact is that no rate at the time that they originate Mr. KENNEDY. May I add one point? other advanced country places as much their loans. I would be interested in my friend’s re- of the burden of obtaining a college Mr. DURBIN. Will the Senator yield? action to this. If someone is receiving a education on the individual student Mr. KENNEDY. I will be glad to Pell grant, the average family income and the family as we do. We in the Con- yield. for a Pell grant student is $17,000. gress have been trying to ease that Mr. DURBIN. I thank the Senator for These are gifted, talented individuals raising this issue, and I thank the Sen- burden through a combination of who could qualify for any of our great- ator from Maryland for joining us. grants and loans, although we have Roughly two out of three college grad- est universities. Their family income is been shifting from grants to loans in- uates today leave college with a debt. under $17,000, and the Pell grant is creasingly over the years. Other coun- The average debt across the United available to them. Reading from the tries do not do the same thing. Why States for all college students is Public Interest Research Group’s anal- not? Because they recognize the soci- $16,000. That is a pretty substantial ysis, even worse off are the students ety and the nation benefit from devel- sum of money for somebody starting who depend on the Pell grants to fi- oping the talents and the capacities of out to get their first job out of college. nance their education. This would cost their young men and women; that it is Mr. SARBANES. Age 21, I might add, the typical Pell grant borrower $3,100, not only the individual who gets the or 22, and they are already walking almost a thousand dollars more be- benefit but society gets a benefit from out, after getting their education, with cause since they are lower income, educating these people. a $16,000 average debt. A lot of them, as they have to pay—at the start they are As my colleague from Illinois pointed the Senator points out, have more. paying higher rates. out, if they walk out of college with Mr. DURBIN. I might say to the Sen- So we are talking about students who this huge burden on their back, then ator from Massachusetts, the experi- are gifted and talented, who have every obviously they are motivated to go to ence in Illinois is the same as in his kind of asset except a large wallet or lucrative professions in order to pay off State. Our average student loan, as pocketbook, who have a great deal to the debt. consolidated under this program, is contribute to our Nation, and whose I have talked to young people who $30,000. What the Senator from Massa- family income is less than $17,000, peo- have said: I really would like to teach chusetts tells us is that President ple who are going ahead and working. but I cannot afford to teach because I Bush’s administration has suggested Sixty-three percent of the students in have this debt burden that I have to adding $10,000 in cost to pay back that this country now who are on scholar- pay off. Therefore, they are looking to student loan. ship work 25 hours a week or more. go into some profession where they can So one might say to themselves, this That is extraordinary. make a lot of money. They are lost to must be some national emergency that We wonder why the students are not the teaching profession. would lead us to the point where we talking about books and education; Now that we have a system in place, would take a young college graduate they are talking about their debts and we knock out one aspect. My under- and say we are going to eliminate a their obligations. Well, I am won- standing is the consolidation of loans program and heap on another $10,000 in dering, if my two friends would not has been in effect since the Reagan debt for them to pay off. The national agree, when families of limited income, years. I understand it first went into emergency appears to be making per- even though their children have the place in 1986, the consolidation of manent the President’s tax cut pro- academic gifts and talents to go on to loans. It makes good sense. We are al- gram. education, are going to be forced to ways telling people they ought to con- We did a little analysis on this pro- say: No, count me out; I will just go on, solidate their loans and we put it into gram recently, and I think the Senator wait on tables, I will park cars, because place. Now we are taking away from

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3498 CONGRESSIONAL RECORD — SENATE April 29, 2002 people another support to try to help education across America, to make Mr. DURBIN. I thank the Chair. with higher education. certain, with accountability, that (The remarks of Mr. DURBIN per- Mr. KENNEDY. The Senator is quite schools were graduating students who taining to the introduction of S. 2393 correct. There is a very interesting sta- had the basic wherewithal to succeed are located in today’s RECORD under tistic for those who enter medical in society. ‘‘Statements on Introduced Bills and school. 85 percent of medical students One of the linchpins was to improve Joint Resolutions.’’) want to become general practitioners. teachers in the classroom. Mr. DURBIN. I suggest the absence of They care about patients and want to I would like the Senator from Massa- a quorum. be there on the front line treating the chusetts to tell me if I recall this cor- The PRESIDING OFFICER. The families of America. However, they end rectly. Are we moving through Presi- clerk will call the roll. up borrowing so much to pay for their dent Bush’s bill to a point where more The assistant legislative clerk pro- school costs that they need to enter and more teachers have to be certified ceeded to call the roll. specialization because of the salary dif- in that they are going to teach in Mr. REID. Mr. President, I ask unan- ferences at the very time we need more schools? In other words, you cannot be imous consent the order for the general practitioners. the gym teacher who says, I will teach quorum call be rescinded. I draw the attention of my colleagues biology. You have to stand in front of The PRESIDING OFFICER. Without to the chart and what has happened the classroom with students. objection, it is so ordered. with grants and loans. My colleagues We are passing bills saying, teachers, f remember the great debates held on we want you to stay in school, get providing greater access to higher edu- more advanced degrees, and be more MORNING BUSINESS valuable in the marketplace but come cation for all Americans, those na- Mr. REID. Mr. President, I ask unan- tional debates go back to 1960. Presi- back to the classroom. And now the Bush administration, months later, imous consent the Senate proceed to a dent Kennedy believed the size of your period of morning business, with Sen- pocketbook should not determine what comes in and increases the cost of edu- cation for those who aspire to be those ators allowed to speak therein for a pe- university a student attends, only your riod not to exceed 5 minutes each. qualifications should determine where quality teachers. There is a disconnect. Mr. KENNEDY. The Senator is abso- The PRESIDING OFFICER. Without you could attend school. Grants, some lutely correct. It is a powerful, power- objection, it is so ordered. loans, work-study programs, summer ful argument. We are trying to make employment should add up to the cost f sure we are going to have a well-quali- of your tuition and fees. All of those fied teacher in every classroom. More ORDER OF PROCEDURE match together in an economic pack- and more young people who are enter- Mr. REID. Mr. President, I also ask age so a student can successfully go to ing teaching are saddled with enor- unanimous consent that the time we the school of their choice. mous debt burden. As a national objec- are in morning business be charged I was in the Education Committee tive, have a well-qualified teacher in against the 30 hours postcloture on the when Secretary Bennett said: Too bad. every classroom. How can these young matter now before the Senate. Those families can go where the loans professionals afford to pay off their The PRESIDING OFFICER. Without will take them. That is our view of this loans when we know that too many objection, it is so ordered. Republican administration. That is the teachers are underpaid. f attitude. We do not want to limit op- And the Senator quite rightly points portunity. I know where that is in the out that will require tens of thousands, RECOGNIZING THE UNIVERSITY RECORD. hundreds of thousands, of teachers to MEDICAL CENTER VOLUNTEERS We have seen the buying power of get certification and to go back to uni- IN LAS VEGAS, NEVADA grants fail to keep up with the costs of versities and colleges, community col- college. The neediest children are Mr. REID. Mr. President, as we cele- leges, to get these certifications. forced to take out loans. Now we find brate National Volunteer Week I would This kind of activity is going to like to recognize the 300 volunteers at at a time when these young students make it that much more expensive, and graduates are trying to take ad- the University Medical Center in Las that much more of a disincentive to go Vegas, NV who are committed to pro- vantage of refinancing their loans, we into teaching. That is enormously im- are hearing the administration saying: viding young Nevadans with more portant and significant. I thank my promising futures. No, we need another $1.3 billion for our colleague for bringing this critical fact tax program so we are going to force As a group, U.M.C.’s 300 volunteers to the floor. donated 49,700 hours of time in 2001. students to wait and see what the in- I see my friend from Rhode Island Their contribution of volunteer time terest rate will be every year instead of who has been such a leader in edu- and talent has enormously improved locking in at a fixed rate. That is re- cation, and follows a very proud tradi- the efficiency and effectiveness of Uni- grettable. tion in his state. We give fair notice to versity Medical Center. Through their I draw another chart to the attention the administration that we are going efforts, these volunteers have helped of my colleagues. This is a women’s to do everything we possibly can legis- build a better community. The pro- issue. Education is one way that we latively do to make sure this does not grams that they have participated in can help women close the earnings gap. take place. We want to keep as many include U.M.C.’s Medical Explorer Pro- When you deny women the opportuni- low-cost options for borrowers as pos- gram, the Volunteer Youth Corps, the ties to continue education, you con- sible to make sure that more people ‘‘Pal’’ program of Las Vegas High tinue a perpetuation of the notable dis- are getting college degrees. We will School, and the ‘‘Medical Magnet Pro- parity taking place. Women, like their have more to say about this in the very gram of Rancho High School, all of male counterparts, increase their earn- near future. ings when they increase their edu- I yield the floor and I suggest the ab- which have positively impacted the cation. sence of a quorum. youth of Nevada. Once you put the economic binds by The PRESIDING OFFICER. The In addition, for almost 40 years effectively denying people the ability clerk will call the roll. U.M.C. Auxiliary, a group chartered by to discharge debt, this will work The assistant legislative clerk pro- the Clark County Board of Trustees, against women students. We see it al- ceeded to call the roll. has volunteered and raised millions of ready. We will see it even grow over Mr. DURBIN. Mr. President, I ask dollars for the discretionary use of the the period of time. unanimous consent that the order for hospital including the purchase of Mr. DURBIN. Will the Senator yield? the quorum call be rescinded. needed medical equipment. Having re- Mr. KENNEDY. I yield. The PRESIDING OFFICER (Mr. KEN- cently been challenged to raise even Mr. DURBIN. The Senator was part NEDY). Without objection, it is so or- more money for the hospital, the Aux- of an effort that many joined with dered. iliary presented a donation of $300,000 President Bush: Leave no child behind. The Senator from Illinois is recog- to the Clark County Board of Trustees The idea was to improve the quality of nized. on April 16.

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2002 CONGRESSIONAL RECORD — SENATE S3499 Dr. Martin Luther King, Jr. said that During his time on the Fairfax Coun- family he represented and the readers ‘‘everyone can be great because anyone ty Circuit Court bench, Judge Hudson he served. When the Herald’s spectac- can serve.’’ U.M.C. volunteers have has been known as a fair, objective ular growth sparked lucrative offers proven their greatness by serving the judge who conducts proceedings with from potential buyers of the paper, he people of southern Nevada through the dignity and with the appropriate judi- respectfully declined, choosing instead hours and money they have donated cial temperament. I am confident that to keep the paper a family business and by helping University Medical Cen- he will continue his service on the with strong ties to local communities. ter fulfill its mission. Eastern District of Virginia bench con- I knew Mr. Paddock as a man of in- f sistent with this reputation. tegrity and vision. He was a gen- NOMINATION OF JUDGE HENRY Clearly, Judge Hudson is a highly tleman, in every sense of the word. He HUDSON TO THE UNITED STATES qualified nominee. Accordingly, I will is beloved by the communities and peo- DISTRICT COURT FOR THE EAST- soon be speaking directly with Chair- ple that knew him best, and will leave ERN DISTRICT OF VIRGINIA man LEAH and Ranking Member HATCH a remarkable void as a civic leader and about an appropriate time for a con- Mr. WARNER. Mr. President, in my patriarch of the Paddock and Daily firmation hearing for this nominee. twenty-four years in the United States Herald family. Senate, I have had the responsibility as f In paying tribute to Stuart Paddock, a United States Senator, in keeping ADDITIONAL STATEMENTS we honor a groundbreaking journalist, with the long standing traditions of a gentleman, and a great American.∑ the Senate, to recommend to the Presi- dent of the United States well qualified ON THE DEATH OF STUART R. f Federal judicial nominees for Federal PADDOCK courts sitting in Virginia. I deem this ∑ Mr. FITZGERALD. Mr. President, U.S. SUPPORT FOR ISRAEL one of my most important duties as a today I pay tribute to the late Stuart ∑ United States Senator. R. Paddock, editor emeritus, publisher Mrs. BOXER. Mr. President, there Since his inauguration, I have the emeritus, and owner of the suburban has seldom been a more important had the honor of recommending indi- Chicago newspaper, the Daily Herald. time for Congress to support Israel. viduals to President George W. Bush The Daily Herald, I am proud to say, is Right now, both the United States and for two positions on the Federal courts my hometown paper. A respected busi- Israel are under attack, and we share a sitting in Virginia. nessman, community leader, and World common enemy—terrorism. First, I was pleased to recommend War II veteran, Mr. Paddock served the The goals of these terrorists are Roger Gregory to serve as a judge on Daily Herald for nearly 65 years, during clear. They want to kill innocent men, the United States Court of Appeals for which time he transformed a strug- women, and children to further their the Fourth Circuit. President Bush gling tri-weekly paper into Illinois’ cause—whatever it may be. They want subsequently nominated Mr. Gregory, third largest daily newspaper. Mr. Pad- to strike at our democracies and test and the Senate confirmed this nomina- dock died last week at the age of 86. the freedoms of the United States and tion on July 20, 2001. Stuart Paddock’s career with the our greatest democratic ally in the Today, I rise in support of another Daily Herald began inauspiciously as a Middle East, Israel. They are willing to nominee that I have recommended to ‘‘printer’s devil,’’ the person respon- train their sons and daughters to mur- President Bush, Mr. Henry Hudson. On sible for pouring molten lead into der others by strapping explosives to January 24, 2002, President Bush nomi- molds for use in linotype. After grad- their bodies and detonating themselves nated Judge Hudson to serve on the uating from Knox College and serving in civilian areas. But this is a test both United States District Court for the as a company commander in Europe nations will pass. Eastern District of Virginia. Senator during World War II, Mr. Paddock re- Why is this so? I think it is because ALLEN and I both strongly support joined the newspaper in 1946. By 1948, our shared ideals of respect for reli- Judge Hudson’s nomination. he had been named vice president and Judge Hudson’s background makes gion, freedom of thought, and peace board director. In 1970, just 2 years throughout the world make us stronger him highly qualified for this judgeship. after assuming the Herald’s top leader- And, it is important to note that the than those who fly airplanes into build- ship position, he overcame fierce com- ings and blow up restarants. We will Virginia Bar Association ‘‘highly rec- petition from other publications and ommends’’ him as well. pass this test because the United Judge Hudson’s experience with the established the Herald as a 5-day-a- States and Israel are united in our re- law is extensive, beginning with his week paper. For his hard work and solve that we will not change our service as a Deputy Sheriff in Arling- dedication, Stuart Paddock earned the ideals and our principles in the face of ton County, Virginia, in 1969 and 1970. respect not only of Daily Herald read- cowards. We can never be forced to sur- He then went to law school, graduating ers and employees, but of his staunch- render our freedoms. est competitors. As the Chicago Trib- from American University in 1974. Why do I have such faith and hope une wrote, ‘‘Stuart R. Paddock Jr. put Subsequent to his graduation from that Israel will weather this current ‘daily’ in Daily Herald.’’ The Herald en- law school, Mr. Hudson entered legal storm of violence? I simply look at the joyed enormous success in the ensuing practice as a prosecutor. First, he history of Israel since independence years, growing from a circulation of served as an Assistant Common- nearly 54 years ago. I am struck by the 11,800 in 1970 to nearly 130,000 by 1994. wealth’s attorney for five years and resolve of the Israeli people. After the The Herald’s success was so remark- then as an Assistant U.S. Attorney in long-fought War for Independence, able for a suburban paper that the Chi- the Eastern District of Virginia. Israel suffered more than 10,000 acts of cago Tribune proclaimed Stuart Pad- In 1986, Mr. Hudson was confirmed by terrorism prior to the 1956 Sinai Cam- dock ‘‘the Sam Walton of suburban the Senate and began his service as the paign. That number is remarkable journalism.’’ Throughout his career, United States Attorney for the Eastern given that the population of Israel at Mr. Paddock was active in the Illinois District of Virginia, a role in which he the time was just 2 million. served in until 1991. Press Association, the Cook County After leaving the U.S. Attorney’s of- Suburban Publishers Association, the In 1967, Israel overcame a hostile fice, Judge Hudson once again received Newspaper Committee for a Free and Arab alliance that threatened the ex- Senate confirmation and served as the Competitive Press, and numerous other istence of the nation from all sides. Director of the United States Marshal organizations. In recognition of his The early 1970s brought a massacre of Service from 1992 to 1993. outstanding professional accomplish- Israeli athletes at the Munich Olym- After completing his work at the ments, Mr. Paddock was inducted into pics and a surprise attack by Egypt Marshal Service, Mr. Hudson entered the Chicago Area Entrepreneurship and Syria on Judaism’s most holy day. private practice until he was a sworn Hall of Fame in 2001. The 1980s were marked by the first in as a Judge on the Fairfax County, Despite his success as a visionary and intifadah, and the 1990s by Scud Mis- Virginia Circuit Court. Judge Hudson leader, Stuart Paddock, affectionately siles and the Gulf War. has served as a judge on this important called ‘‘Stu’’ by his employees, never Today, no Israeli man or woman can court since 1998. lost his sense of commitment to the get on a bus or walk in a marketplace

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3500 CONGRESSIONAL RECORD — SENATE April 29, 2002 without fearing for his or her life. they could not take one more day of all the women in the United States Israel and its people have always been the occupation. Senate, 13 of us, Democrats and Repub- faced with violence and terror, its very Mr. Friedman was incredulous. The licans, and got them to sign on to a existence continuously threatened by Palestinians could not take one more resolution that passed earlier this its neighbors. day of the occupation, yet refused of- year. Then, I wrote to Palestinian But how has Israel responded? By de- fers that would have ended occupation. envoy Dr. Hanan Ashrawi and urged veloping a thriving democracy that re- Where is the sense in this? her to speak out clearly against this spects human rights. By working hard So this intifadah has been a cal- horrible escalation of violence. to create an economy that has success- culated plan of violence. Mr. Friedman Women suicide bombers are a deadly fully operated in the face of hostile later wrote in a column that, ‘‘the tactic used by the al-Aqsa militant Arab boycotts. And by showing over world must understand that the Pal- group that is linked to Yasser Arafat. and over again its commitment to estinians have not chosen suicide An al-Aqas leader in Bethlehem has peace by reaching out to the world to bombing out of desperation . . . stem- been quoted as saying that ‘‘we have sign the Camp David Accords with ming from the Israeli occupation . . . 200 young women, from the Bethlehem Egypt, to engage in the Oslo process [It] is because they actually want to area alone ready to sacrifice them- with the Palestinians, to unilaterally win their independence in blood and selves for the homeland.’’ You notice withdraw from Lebanon and even by fire. All they can agree on as a commu- that the older people don’t do this, reaching out two years ago to one of nity is what they want to destroy, not they just entice the young, which adds the most notorious state-sponsors of what they want to build.’’ to the horror. terrorism, Syria. We are left to ask ourselves, does One such suicide bombing by an 18- And, today, in the face of everything, Arafat want peace? I say the facts dic- year-old Palestinian girl was respon- it is Prime Minister Ariel Sharon who tate that he does not. Arafat is telling sible for the death of a 17-year-old is urging to a return to the peace table us that he wants peace on one hand, Israeli girl named Rachel who was only and laying out the roadmap that leads but on the other he is leading the Pal- on a quick errand to buy some herbs to peace. estinian people away from what it is in for the fish dinner her mother was pre- Unfortunately, Israel’s courage to their best interests, a lasting peace paring nearby. It is tragic when young make peace has, in large part, not been with Israel. women are willing to kill each other in reciprocated in these cases, and it has A look back at history shows that this fashion. It is even more tragic that certainly not be reciprocated by Yasser Palestinian leaders have walked away the people these women look to for Arafat. from possible statehood and secure bor- guidance are actively encouraging In 1993, Yitzhak Rabin took a bold ders with Israel four times, once in 1937 these acts of terror. Earlier this month step by entering into the Oslo Accords and in 1947, and then twice under plans there was a story of one of the highest and beginning a process marked by the presented by Prime Minister Ehud ranking Muslim leaders in Lebanon principle that peace in the Middle East Barak and President Clinton. How giving his blessing to female suicide could be achieved by trading land for many times will it take before we real- bombers, calling them part of a ‘‘new peace. It’s something that the Arab ize that there is something else going glorious history for Arab and Muslim countries and the Palestinians said on here. They were offered a homeland women.’’ And what about Mrs. Arafat, telling that they wanted. Did Israel live up to four times. The Palestinians need to an interviewer that if she had a son, its commitments set out in the Oslo understand: it’s not about the home- she could conceive of ‘‘no greater Accords? Yes, it did. land, it’s about all the land. honor’’ than having him strap on an ex- During the 1990s, Israel transferred This strategy of suicide bombing is plosive belt. control of 40 percent of West Bank land barbaric, it is to be condemned, and I I have to tell you, the truth we have and 70 percent of the Gaza Strip to the am shocked at how little condemnation to look at is horrible, but we better Palestinian Authority. Yet Arafat was you hear around the world for this tac- look at it. Believe me, I am the last not able to, or did not want to, provide tic. one who wanted to be dismayed or dis- security and continuously violated the When I take this issue up with lead- couraged. I am in politics because I accords. ers from other Arab countries, the an- want to see a peaceful world, because I Then, President Clinton put a plan swer is ‘‘well, people are desperate and want a healthy environment for every- on the table. After all the land was al- they will do desperate things.’’ When I one, because I want all children to have ready transferred to the Palestinians, bring up the issue of women and girls hope. But we have to look at this, and Israel was willing to give up a stag- blowing themselves up, they just give we have to be strong and clear. And I gering 95 percent of the West Bank dur- me the brush off. am going to be very clear. ing the Camp David talks. But Yasser We will never forget the Palestinian I am proud to be a cosponsor of the Arafat walked away from that too. And suicide bomber who killed 27 Israelis as McConnel-Feinstein legislation that I remember the despair I felt when this they were sitting down for the tradi- says that Arafat must meet his com- happened. You had to wonder, at that tional feast marking the beginning of mitments or be sanctioned by the point, what this was really all about. Passover. Zeev Vidor was one of he United States. And I am honored to be And not only did he walk away, Israelis killed in the attack and today the author of the Syrian Account- Arafat started another intifadah. Now I his kidney is keeping alive a Pales- ability Act. want to take a minute to talk about a tinian woman who was in need of a This bill that I introduced would ex- visit Democratic Senators had with transplant. pand sanctions against Syria, a state Tom Friedman, a columnist who, over This is possible because the family of sponsor of terrorism, if it continues to the years, has been very balanced in Zeev Vidor knew the value of using life support groups like Hamas and his approach to the Middle East. I can- to give life, whereas those who entice Hisbalah, does not fully withdraw from not remember the exact conversation, suicide bombers believe in using life to Lebanon, continues to develop and de- so I will retell it to the best of my destroy life. And I think that whole ploy ballistic missiles, and remains in recollection. Mr. Friedman said that he story is a metaphor for what we are violation of U.N. Security Council reso- was stunned that Arafat walked away talking about. Since September 2000, lutions. after being offered 95 percent of what 170 Israelis have been killed by more From the death of innocent civilians he wanted, he questioned the Pales- than 60 suicide bombers. in Israel, to attacks on Jews in the tinian leadership to learn why. Last year I worked on a resolution former Soviet Union; from Daniel And the answer came back from the with Senator GEORGE ALLEN right be- Pearl saying ‘‘I am a Jew’’ shortly be- Palestinians that they needed more fore September 11 to condemn suicide fore his execution to the leader of a time to look this over, to see the de- bombing. After September 11, the reso- French political party saying that the tails of the plan. lution was shelved briefly, but it even- gas chamber is just a detail of history, Mr. Friedman said that if that was tually passed the Senate in October. we know that this is a difficult and all true why the intifadah. And the an- Earlier this year, when we saw the trying time for people of the Jewish swer from the Palestinians was that women strapping on bombs, I went to faith.

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2002 CONGRESSIONAL RECORD — SENATE S3501 I believe the Senate must send a mes- help children, families and the states CCDBG. This investment is one we cannot sage of hope and a message of action. meet their child care needs. afford NOT to make. We have friends outside the Jewish People in New Mexico recognize that Sincerely, Rep. Steven C. Adams (VT), Sen. Richard community who are standing with us. accessible, quality child care is a vital Alarco´ n (CA), Rep. Elaine R. Alfano (VT), We ought to thank them and embrace support for working families. Increased Rep. David Allaire (VT), Sen. Dede Alpert them. Just as we had friends during the availability of child care will help to (CA), Assm. Elaine Alquist (CA), Sen. Ellen Holocaust, we must always embrace ensure the success of welfare reform, Anderson (MN), Sen. Jean Ankeney (VT), them. We must always form those coa- while also providing a critical support Assm. Dion Aroner (CA), Rep. Kathy B. Ashe litions. I believe that Americans of all for parents earning low-incomes who (GA), Rep. Loranne Ausley (FL), Rep. Cath- erine Barrett (OH), Sen. Susan Bartlett (VT), faiths and people of all faiths across are struggling to support their families Del. Viola O. Baskerville (VA), Rep. Gail C. this world understand what is at stake and stay off the welfare rolls. State Beam (NM), Rep. Sharon Beasley-Teague here. Because it really is about human- legislators see firsthand the integral (GA), Sen. Mike Beebe (AR), Rep. Bernie ity. Israel will come out of this strong, role of child care in helping families to Benn (NH), Del. Joanne C. Benson (MD), Sen. and remain a beacon of hope in the work. Roseann Bentley (MO), Rep. Connie Middle East with the United States Quality child care also provides chil- Bernardy (MN), Rep. Cindy Beshear (UT), standing by as one of its greatest al- Rep. Anne Betancourt (FL), Rep. Gary Biggs dren with the early learning experience (AR), Sen. Mark Blade (IN), Sen. Patricia lies. they need to achieve in school. States Blevins (DE), Rep. Lynn Bohi (VT), Rep. I agree with Prime Minister Sharon have been strong partners in the effort David Bolduc (VT), Rep. Johnnie Bolin (AR), that the peace table must be rebuilt to improve public education across the Rep. John L. Bowman (MO), Rep. Betty Boyd and there must once again be a process nation. We must help them to provide (CO), Assm. James F. Brennan (NY), Del. in place to resolve at long last the dif- children with the experiences they Robert Brink (VA), Rep. Shane Broadway ficult challenges of the Middle East.∑ need to be ready to learn. (AR), Rep. Tyrone Brooks (GA), Sen. Lisa Brown (WA), Sen. Robert Brown (GA), Sen. f These State legislators, including 14 Brian Burke (WI), Del. Emmett C. Burns LOCAL LAW ENFORCEMENT ACT legislators from New Mexico, today (MD), Rep. James Buskey (AL), Sen. Gloria OF 2001 join the growing chorus of voices that Butler (GA), Rep. Kenneth A. Carano (OH), we have heard from in support of in- Rep. Karen R. Carter (LA), Assm. Gil Cedillo ∑ Mr. SMITH of Oregon. Mr. President, creased child care funding. I ask unani- (CA). I rise today to speak about hate crimes mous consent that the text of their let- Rep. Joseph Cervantes (NM), Rep. Duane legislation I introduced with Senator Cheney (IN), Rep. Marvin Childers (AR), ter be printed in the RECORD. Assm. Joan K. Christensen (NY), Assm. Judy KENNEDY in March of last year. The The letter follows. Chu (CA), Sen. J. Clement Cicilline (RI), Local Law Enforcement Act of 2001 APRIL 24, 2002 Rep. Mary Cirelli (OH), Rep. Irma Clark would add new categories to current Re: Child Care (MI), Rep. Carol C. Cleven (MA), Sen. Eric hate crimes legislation sending a sig- Hon. JEFF BINGAMAN, Coleman (CT), Assm. Herb Conaway (NJ), nal that violence of any kind is unac- U.S. Senate, Hart Senate Office Building, Assm. Jack Conners (NJ), Rep. Edward G. ceptable in our society. Washington, D.C. Connolly (MA), Rep. Olin Cook (AR), Rep. I would like to describe a terrible DEAR SENATOR BINGAMAN: Quality child Ken Cowling (AR), Rep. William Crawford crime that occurred November 1, 1992, care is one of the most important invest- (IN), Del. Flora D. Crittenden (VA), Rep. ments we can make to help families to work George C. Cross (VT), Rep. Judy B. Crowley in Miami Beach, FL. A 45-year-old (VT), Rep. LeRoy Dangeau (AR), Del. L. Miami Beach man was beaten outside a and children to enter school ready to learn. The undersigned state legislators believe Karen Darner (VA), Rep. Dan K. Darrow gay nightclub. The assailants, two that substantial new investments for child (VT), Rep. Don P. Davis (VT), Rep. Lois teenagers, were heard to make anti-gay care must be a top federal priority. DeBerry (TN), Rep. Michael DeBose (OH), threats toward the victim. Congress has a unique opportunity to ad- Rep. David L. Deen (VT), Rep. Johannah L. I believe that government’s first duty dress child care this year. As you undertake Donovan (VT), Rep. Robert Dostis (VT), Rep. is to defend its citizens, to defend them the reauthorization of the Child Care and De- Patricia R. Doyle (VT), Rep. Carina Driscoll against the harms that come out of velopment Block Grant (CCDBG), we urge (VT), Rep. Dawnna Dukes (TX), Assm. John Dutra (CA), Rep. Dean Elliott (AR), Rep. hate. The Local Law Enforcement En- you to make sufficient new investments to ensure that 2 million more eligible children Susan Emerson (NH), Rep. Alice Emmons hancement Act of 2001 is now a symbol (VT), Sen. Martha Escutia (CA), Assm. Ar- that can become substance. I believe can receive assistance and that quality im- provements can be made. This additional thur O. Eve (NY), Sen. Dede Feldman (NM), that by passing this legislation and funding would approximately double the Sen. Joseph A. Fidel (NM), Sen. Vivian Davis changing current law, we can change number of children currently getting assist- Figures (AL), Sen. Eric D. Fingerhut (OH), Rep. Michael Fisher (VT), Rep. Mary E. hearts and minds as well.∑ ance while improving the quality of care. Flowers (IL), Rep. John E. Follett (VT). Now, just 1 in 7 eligible children are receiv- f Rep. Betty Folliard (MN), Rep. Johnny ing this important assistance. CHILD CARE Ford (AR), Sen. Vincent D. Fort (GA), Rep. This additional investment serves two crit- Lois Frankel (FL), Sen. Rosa Franklin (WA), ∑ Mr. BINGAMAN. Mr. President, I rise ical purposes. First, child care is an essential Rep. George French (AR), Rep. John today to share with my colleagues a work support that will help ensure the suc- Fritchey (IL), Rep. Anne Gannon (FL), Sen. letter sent by almost 300 State legisla- cess of welfare reform. Working parents need Mary Jane Garcı´a (NM), Rep. Dean George stable, affordable, and safe child care for tors—Republican and Democrat alike (VT), Rep. Avis L. Gervias (VT), Rep. Stan- their children in order to get a job and stay ley J. Gerzofsky (ME), Assm. Deborah J. from 40 States—calling on Congress to employed. Parents who work in low wage add substantial new funding for child Glick (NY), Rep. Cedric Bradford Glover jobs struggle to find quality child care that (LA), Rep. Pat Godchaux (MI), Assm. Jackie care. they can afford. State legislators see first- Goldberg (CA), Sen. Avel Louise Gordly (OR), Just as parents have provided moving hand the critical value of child care and its Rep. Maxine Grad (VT), Assm. Aurelia testimony to Congress about their integral role in helping families to work. Greene (NY), Rep. Jane Greimann (IA), Rep. struggles to find and afford child care, Second, quality care provides children with Peter Groff (CO), Sen. Mary Ann Handley these state legislators join them in the early education experience they need to (CT), Sen. Alice V. Harden (MS), Sen. Toni urging us to better fund child care to be ready for school and success in later life. Nathaniel Harp (CT), Sen. Ruth Hassell- States have been strong partners in the ef- help families work and children suc- Thompson (NY), Rep. David Charles Hausam fort to improve the education of our chil- (AR), Assm. Sally Havice (CA), Rep. Joe ceed in school. Unfortunately, the dren; we must to provide them with the Hayes (AK), Sen. Robert L. Hedlund (MA), Child Care and Development Block strongest foundation possible to prepare Sen. Robert Hernandez (CO), Rep. Steve Grant (CCDBG), is currently serving them to be ready to learn and to succeed in Hingtgen (VT), Sen. Melvin ‘‘Kip’’ Holden only one out of every seven eligible school. (LA), Sen. Maxine Horner (OK), Rep. Don children. And any progress that States Substantial new funding for the CCDBG House (AR), Del. James W. Hubbard (MD), have made in recent years is now being would help states ensure that parents can Del. Susan Hubbard (WV), Rep. Cola H. Hud- threatened by the challenging eco- work and children can have the quality early son (VT), Sen. Vincent Hughes (PA), Rep. learning experiences that help prepare them Margaret Hummel (VT), Rep. Kay Iles (LA), nomic situations that the States are to achieve in school. Now, as states struggle Sen. Paulette Irons (LA), Rep. Lei Ahu Isa confronting. I, along with Senators to overcome difficult economic challenges, (HI), Rep. Lydia P. Jackson (LA), Rep. Gilda KERRY and TORRICELLI, introduced the we hope that we can count on your leader- Jacobs (MI), Assm. Rhoda Jacobs (NY), Rep. Children First Act of 2002, S. 2070, to ship in making additional investments in the Pam Jochum (IA).

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3502 CONGRESSIONAL RECORD — SENATE April 29, 2002 Assm. Susan V. John (NY), Sen. Emil Sen. Patricia S. Ticer (VA), Sen. Tom FDA-approved drugs from Canada, Jones, Jr. (IL), Sen. Paula F. Julander (UT), Torlakson (CA), Rep. John Patrick Tracy where prices are almost 35 percent Rep. Bertha C. Kawakami (HI), Rep. Helene (VT), Sen. Sue Tucker (MA), Del. Frank S. lower. In the face of such competition, M. Keeley (DE), Assm. Christine Kehoe (CA), Turner (MD), Del. Marina Van Landingham drug companies will be confronted with Sen. Delores G. Kelley (MD), Del. Ruth M. (VA), Rep. Barb Vander Veen (MI), Sen. John Kirk (MD), Rep. Warren F. Kitzmiller (VT), Vasconcellos (CA), Rep. Richard Vigil (NM), the fact that, all along, their prices Assm. David Koon (NY), Assm. Paul Koretz Rep. Cathy Voyer (VT), Sen. Jack Wagner have not only been exorbitant, but un- (CA), Rep. Luanne Koskinen (MN), Sen. Liz (PA), Rep. Vicki Walker (OR), Rep. Don Web- warranted. Krueger (NY), Rep. John LaBarge (VT), ster (VT), Assm. Loretta Weinberg (NJ), Rep. Over the past few years, I have Assm. Ivan Lafayette (NY), Sen. Charles Yvonne Welch (LA), Sen. Royce West (TX), brought to the Senate floor countless Langford (AL), Rep. Leigh B. Larocque (VT), Rep. Susan Wheeler (VT), Sen. Mary Mar- stories of Michigan residents who have Rep. Mark Larson (VT), Rep. Kathy Lavoie garet Whipple (VA), Sen. Celestino A. White, crossed the border into Canada simply (VT), Sen. Alfred Lawson Jr. (FL), Sen. Sr. (VI), Rep. Doug Wiles (FL), Rep. Roberta to get their hands on affordable pre- Connie Lawson (IN), Rep. Rob Leighton Willis (CT), Rep. Frederica Wilson (FL), Rep. (MN), Sen. Burton Leland (MI), Rep. Bertha scription drugs. They continue to do so Philip Winters (VT), Rep. Larry W. Womble as we speak, and I do not blame them F. K. Leong (HI), Rep. Cindy Lerner (FL), (NC), Rep. Jane Wood (NH), Rep. Jim Wood Rep. John M. Lewellen (AR), Sen. Kimberly (AR), Rep. Kurt Wright (VT), Rep. Karen when just a few months ago I found A. Lightford (IL), Rep. David Litvack (UT), Yarbrough (IL), Rep. David Zuckerman that Prilosec, a commonly prescribed Assm. Carol Liu (CA), Sen. Linda M. Lopez (VT).∑ gastrointestinal drug, was fifty dollars (NM), Rep. James Roger Madalena (NM), f less in a pharmacy in Windsor, Canada, Rep. Liz Malia (MA), Assm. Virginia Strom than in a pharmacy in neighboring De- Martin (CA), Rep. Bob Mathis (AR), Assm. ROLLCALL VOTES FOR APRIL 24, Naomi C. Matusow (NY), Sen. Nathaniel J. troit. U.S. pharmaceutical manufactur- McFadden (MD), Rep. Jack McGuire (IL), 2002 ers continue to operate in a closed Rep. Mary Jo McGuire (MN), Rep. Terry ∑ Mr. JOHNSON. Mr. President, I was market. They are still able to get away McMellon (AR), Assm. Carole Migden (AR), unable to vote during the consideration with charging $50 more than their Ca- Rep. Rick Miera (NM), Rep. Dale Miller (OH), of S. 517, the Senate energy bill, on nadian counterparts. Additionally, Rep. Mark Miller (WI), Assm. Joan L. Mill- Wednesday, April 24. I traveled to my they are currently the only ones who man (NY), Sen. Richard Mitchell (FL), Rep. Larry Molloy (VT). home State on that day to welcome are allowed to import drugs approved Sen. Angela Monson (OK), Rep. Arthur A. and meet the President of the United by the FDA. American pharmacists and Morrell (LA), Rep. Mary A. Morrissey (VT), States on his trip to Wentworth, SD. distributors deserve this right, too. Rep. Kevin J. Mullin (VT), Rep. Phyllis Had I been here, I would have voted Pharmacists and distributors deserve Mundy (PA), Rep. Pat Murphy (IA), Rep. ‘‘nay’’ on rollcall vote No. 80, a motion not only the right to purchase lower Edwin R. Murray (LA), Rep. Elliott Naishtat to table Cantwell amendment No. 3234, costing FDA-approved drugs abroad, (TX), Del. Shirley Nathan-Pulliam (MD), but to bring these critical drugs back Rep. Wayne Nichols (AR), Rep. Alice W. ‘‘Nay’’ on rollcall No. 81, a motion to Nitka (VT), Assm. Catherine Nolan (NY), table Bingaman amendment No. 3316, to America where the savings can be Rep. Michael J. Obuchowski (VT), Rep. Pat ‘‘Yea’’ on rollcall No. 82, a motion to passed on to our own citizens. The Pre- O’Donnell (VT), Sen. Suzi Oppenheimer (NY), table Carper amendment No. 3197, scription Drug Price Parity for Ameri- Rep. Donny Osman (VT), Rep. Robert J. ‘‘Nay’’ on rollcall No. 83, a motion to cans Act, which improves upon last Otterman (OH), Assm. Robert Pacheco (CA), table Nickles amendment No. 3256, and year’s enacted version, would make Rep. Allen C. Palmer (VT), Rep. Laura C. ‘‘Nay’’ on rollcall vote No. 84, a motion this access possible. Pantelakos (NH), Sen. Mary Kay Papen High drug prices impact everyone— (NM), Sen. Sandy Pappas (MN), Rep. Carolyn to table Fitzgerald amendment No. 3214.∑ the young and the old, the insured and Partridge (VT), Rep. Janet Petersen (IA), the uninsured—we all lose when pre- Rep. Danice Picaux (NM), Rep. Wilfred f Pierre (LA), Sen. Edith P. Prague (CT), Rep. scription drugs are unaffordable. Much Joseph Preston, Jr. (PA), Assm. Mary PRESCRIPTION DRUG PRICE more needs to be done to expand access Previte (NJ), Rep. Ann Pugh (VT), Sen. Bill PARITY FOR AMERICANS ACT to lower priced prescription drugs sold Purcell (NC), Rep. Randy Rankin (AR), Rep. ∑ Mr. LEVIN. Mr. President, in March abroad and the bill we are introducing Michael S. Reese (VT), Rep. Nan H. Rich 2002, the National Institute for Health today will help to offer that oppor- (FL), Rep. Barbara Hull Richardson (NH), Care Management announced that for tunity.∑ Rep. Curtis Richardson (FL), Sen. John Riggs (AR), Sen. Elizabeth Roberts (RI), Rep. yet another year, prescription drug f Debbie A. Rodella (NM), Rep. Jim Roebuck prices rose more than ten percent. THE 100TH ANNIVERSARY OF (PA), Rep. Tommy Roebuck (AR), Rep. San- Often we see these rising costs attrib- SELBYVILLE, DELAWARE dra Reyenga Rodgers (AR), Rep. Sara Romeo uted to the plethora of new drugs now ∑ Mr. BIDEN. Mr. President, there are (FL), Rep. Don Ross (OK), Sen. Larry Rowe available and to the resources needed times, it seems, when we celebrate (WV), Rep. Ray Ruiz (NM). to produce such innovative tech- Rep. Byron Rushing (MA), Rep. Robert ‘‘small-town America’’ as an idea, ei- nologies. Yet, I find this argument dif- Rusten (VT), Sen. John Sampson (NY), ther in nostalgic longing or as an hom- ficult to accept when Fortune 500 re- Assm. Steven Sanders (NY), Sen. Nellie R. age to traditional values and a spirit of ported this month that while most in- Santiago (NY), Rep. Hank Schaefer (VT), community that seem elusive in the Rep. Mark Schauer (MI), Sen. J. Thomas dustries report dwindling earnings, rush of modern life. Schedler (LA), Sen. Eric T. Schneiderman pharmaceutical companies were show- (NY), Sen. Allyson Y. Schwartz (PA), Rep. But the values and spirit of our small ing impressive gains. Drug prices rising towns is more than just an idea; it is Nancy Scovner (NH), Sen. Jack Scott (CA), steadily in a year when the pharma- Rep. Craig S. Scribner, Sr. (VT), Rep. Gloria real, it is alive, it not only endures but Seldin (NH), Sen. William Shaw (IL), Rep. ceutical industry trumped all other in- thrives, to the benefit of us all, in O.L. Shelton (MO), Sen. Mike Shoemaker dustries in profitability is a correlation places across this country, and cer- (OH), Rep. Martha Shoffner (AR), Rep. Eliza- that should come to nobody as a sur- tainly in towns up and down my home beth C. Shultis (NH), Ren. Betty Sims (MO), prise. State of Delaware. Rep. Ricca Slone (IL), Rep. Harvey T. Smith Pharmaceutical companies continue The Town of Selbyville, in Sussex (VT), Rep. Marjorie K. Smith (NH). to insist that they are sinking under County, the southernmost part of our Assm. Richard A. Smith (NY), Rep. Shirley the heavy cost of research and develop- A. Smith (OH), Sen. Terry Smith (AR), Rep. State, is one such place. And it gives Hilda Weyl Sokol (NH), Rep. Cynthia Soto ment. But R&D costs are not causing me great pleasure to pay tribute to (IL), Rep. Pamela A. Stanley (GA), Sen. high drug prices. Excessive profits are Selbyville, as we celebrate the 100th Toby Ann Stavisky (NY), Assm. Darrell causing high drug prices, and excessive anniversary of its incorporation. Steinberg (CA), Rep. Matthew Stevens (VT), profits are keeping necessary drugs out The history of the Town goes back Rep. Mimi Stewart (NM), Rep. Bill Stovall of the financial reach of millions. It is much further than 1902, to the late (AR), Rep. Fred Strahorn (OH), Rep. Ben- time for Congress to challenge the 1770s, when Benjamin Long, Arthur jamin Sulan (MA), Rep. Benjamin Swan practices of U.S. drug manufacturers. McCabe, John Murray, Reuben Stevens (MA), Rep. Donna Sweaney (VT), Rep. Gaye Symngton (VT), Sen. Penfield W. Tate III The Prescription Drug Price Parity for and Elijah Campbell bought a 250-acre (CO), Rep. Larry Teague (AR), Rep. Samuel Americans Act exposes drug manufac- tract at the head of the St. Martin’s ‘‘Buzz’’ Thomas (MI), Assm. Helen Thomson turers to international price competi- River, where a gristmill and sawmill (CA). tion by allowing the reimportation of operated.

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2002 CONGRESSIONAL RECORD — SENATE S3503 The tract had been known as Sandy law, the Department’s Annual Program Per- Fiscal Years 2002 and 2003; to the Committee Branch, but about 50 years after the formance Report for Fiscal Year 2001; to the on Foreign Relations. purchase, a country store owner named Committee on Governmental Affairs. EC–6589. A communication from the Direc- EC–6578. A communication from the Direc- tor, Financial Crimes Enforcement Network, Sampson Selby began to mark pack- tor, Office of Surface Mining, Department of Department of the Treasury, transmitting, ages for delivery ‘‘Selby-Ville.’’ the Interior, transmitting, pursuant to law, pursuant to law, the report of a rule entitled In 1872, the Frankford and Break- the report of a rule entitled ‘‘Kentucky Reg- ‘‘Financial Crimes Enforcement Network; water Railroad reached the Town, so ulatory Program’’ (KY–225–FOR) received on Anti-Money Laundering Programs for Mu- that its strawberries could be shipped April 24, 2002; to the Committee on Energy tual Funds’’ (RIN1506–AA28) received on to more distant markets. By 1918, and Natural Resources. April 24, 2002; to the Committee on Banking, Selbyville was the East Coast’s main EC–6579. A communication from the Acting Housing, and Urban Affairs. supplier of strawberries, and straw- General Counsel, Office of National Drug EC–6590. A communication from the Sec- Control Policy, Executive Office of the Presi- retary of the Treasury, transmitting, a draft berries remained an important com- dent, transmitting, pursuant to law, the re- of proposed legislation entitled ‘‘Federal mercial base for the Town through the port of a nomination for the position of Dep- Hospital Insurance Trust Fund Restoration late 1930s. uty Director of Supply Reduction, received Act of 2001’’ to restore the HI Trust Fund to Agriculture is still important to on April 17, 2002; to the Committee on the its correct financial position; to the Com- Selbyville, although now it’s poultry Judiciary. mittee on Finance. and pork, corn and soybeans that oc- EC–6580. A communication from the Acting EC–6591. A communication from the Regu- cupy most of the farmers. And the General Counsel, Office of National Drug lations Officer of the Social Security Admin- Control Policy, Executive Office of the Presi- istration, transmitting, pursuant to law, the Town has grown beyond its original dent, transmitting, pursuant to law, the re- report of a rule entitled ‘‘Administrative business center, reaching out to US 113 port of a nomination for the position of Dep- Procedure for Imposing Penalties for False with service industries and a shopping uty Director of National Drug Control Pol- or Misleading Statements’’ (RIN0960–AF20) center. icy, received on April 17, 2002; to the Com- received on April 24, 2002; to the Committee The highway has become more im- mittee on the Judiciary. on Finance. portant than the railroad, Selbyville EC–6581. A communication from the Acting EC–6592. A communication from the Chief has grown, but it is still a small Town General Counsel, Office of National Drug of the Regulations Unit, Internal Revenue Control Policy, Executive Office of the Presi- Service, Department of the Treasury, trans- a place of living history, a place driven dent, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule by the values that grow from long-time port of a nomination for the position of Dep- entitled ‘‘2001 Base Period T-Bill Rate’’ (RR– association and the work ethic of an uty Director for State and Local Affairs, re- 156448–01) received on April 25, 2002; to the agricultural community, a place that ceived on April 17, 2002; to the Committee on Committee on Finance. feels like home. the Judiciary. EC–6593. A communication from the Chief We neighbors of Selbyville congratu- EC–6582. A communication from the Gen- of the Regulations Unit, Internal Revenue late Mayor Clifton C. Murray; Town eral Counsel of the Department of Defense, Service, Department of the Treasury, trans- Council members Jay C. Murray, C. transmitting, a draft of proposed legislation mitting, pursuant to law, the report of a rule related to civilian personnel, home-to-work entitled ‘‘Master-Feeder Guidance’’ (Rev. Frank Smith, III, Clarence W. Tingle, transportation of employees, small business Proc. 2001–57, 2001–50) received on April 25, Jr., and Richard A. Duncan, Sr.; and all matters, reporting requirements in the Of- 2002; to the Committee on Finance. the citizens and friends of the Town, as fice of Federal Procurement Policy Act, and EC–6594. A communication from the Chief they look forward to their official 100th contractor claims; to the Committee on of the Regulations Unit, Internal Revenue anniversary celebration on May 25th.∑ Armed Services. Service, Department of the Treasury, trans- EC–6583. A communication from the Gen- mitting, pursuant to law, the report of a rule f eral Counsel of the Department of Defense, entitled ‘‘Disaster Relief Distributions by MESSAGES FROM THE PRESIDENT transmitting, a draft of proposed legislation Charities to Victims of September 11, 2001 relating to the management and operations Terrorist Attacks’’ (Notice 2001–78, 2001–50) Messages from the President of the of the Department of Defense; to the Com- received on April 25, 2002; to the Committee United States were communicated to mittee on Armed Services. on Finance. the Senate by Ms. Evans, one of his EC–6584. A communication from the Direc- EC–6595. A communication from the Chief secretaries. tor, Financial Crimes Enforcement Network, of the Regulation Unit, Internal Revenue Department of the Treasury, transmitting, Service, Department of the Treasury, trans- f pursuant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule EXECUTIVE MESSAGES REFERRED ‘‘Financial Crimes Enforcement Network; entitled ‘‘Definition of Private Business Anti-Money Laundering Programs for Finan- Use’’ (RIN1545–AY88) received on April 25, As in executive session the Presiding cial Institutions’’ (RIN1506–AA28) received 2002; to the Committee on Finance. Officer laid before the Senate messages on April 24, 2002; to the Committee on Bank- EC–6596. A communication from the Chair- from the President of the United ing, Housing, and Urban Affairs. man of the Nuclear Regulatory Commission, States submitting sundry nominations EC–6585. A communication from the Direc- transmitting, a draft of proposed legislation which were referred to the appropriate tor, Financial Crimes Enforcement Network, entitled ‘‘Nuclear Regulatory Commission committees. Department of the Treasury, transmitting, Authorization Act for Fiscal Year 2003; to (The nominations received today are pursuant to law, the report of a rule entitled the Committee on Environment and Public printed at the end of the Senate pro- ‘‘Financial Crimes Enforcement Network; Works. Anti-Money Laundering Programs for Oper- EC–6597. A communication from the Prin- ceedings.) ations of Credit Card Systems’’ (RIN1506– cipal Deputy Associate Administrator of the f AA28) received on April 24, 2002; to the Com- Environmental Protection Agency, transmit- mittee on Banking, Housing, and Urban Af- ting, a report entitled ‘‘Risk Assessment MEASURES REFERRED fairs. Guidance for Superfund Volume III Part A: The following concurrent resolution EC–6586. A communication from the Direc- Process for Conducting Probabilistic Risk was read, and referred as indicated: tor, Financial Crimes Enforcement Network, Assessment’’; to the Committee on Environ- Department of the Treasury, transmitting, ment and Public Works. H. Con. Res. 324. Concurrent resolution pursuant to law, the report of a rule entitled EC–6598. A communication from the Prin- commending President Pervez Musharraf of ‘‘Financial Crimes Network; Anti-Money cipal Deputy Associate Administrator of the Pakistan for his leadership and friendship Laundering Programs for Money Services Environmental Protection Agency, transmit- and welcoming him to the United States; to Business’’ (RIN1506–AA28) received on April ting, a report entitled ‘‘Superfund Response the Committee on Foreign Relations. 24, 2002; to the Committee on Banking, Hous- Actions: Temporary Relocations Implemen- f ing, and Urban Affairs. tation Guidance OSWER 9230.00–97’’; to the EC–6587. A communication from the Sec- Committee on Environment and Public EXECUTIVE AND OTHER retary of State, transmitting, pursuant to Works. COMMUNICATIONS law, a report to review how consular officers EC–6599. A communication from the Prin- The following communications were issue visas in order to determine if consular cipal Deputy Associate Administrator of the laid before the Senate, together with shopping is a problem; to the Committee on Environmental Protection Agency, transmit- accompanying papers, reports, and doc- Foreign Relations. ting, pursuant to law, the report of a rule en- EC–6588. A communication from the Assist- titled ‘‘Approval and Promulgation of Imple- uments, which were referred as indi- ant Secretary of Legislative Affairs, Depart- mentation Plans; South Carolina: Approval cated: ment of State, transmitting, the report of of Revisions to the 1-Hour Ozone Mainte- EC–6577. A communication from the Sec- additional legislative proposals for inclusion nance State Implementation Plan for the retary of State, transmitting, pursuant to in the Foreign Relations Authorization Act, Cherokee County’’ (FRL7202–4) received on

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3504 CONGRESSIONAL RECORD — SENATE April 29, 2002 April 24, 2002; to the Committee on Environ- EC–6609. A communication from the Acting mission, transmitting, pursuant to law, the ment and Public Works. Chief, Policy and Rules Division, Office of report of a rule entitled ‘‘In the Matter of EC–6600. A communication from the Prin- Engineering and Technology, Federal Com- Federal-State Joint Board on Universal cipal Deputy Associate Administrator of the munications Commission, transmitting, pur- Service, CC Docs. 96–45, 98–171, 90–571, 92–237, Environmental Protection Agency, transmit- suant to law, the report of a rule entitled 99–200, 95–116, 98–170’’ (FCC02–43) received on ting, pursuant to law, the report of a rule en- ‘‘Amendments of Part 15 of the Commission’s April 25, 2002; to the Committee on Com- titled ‘‘Delegation of New Source Perform- Rules to allow certification of equipment in merce, Science, and Transportation. ance Standards and National Emission the 24.05–24.25 GHz band at field strength up f Standards for Hazardous Air Pollutants for to 2500 mv/m’’ (ET Doc. No. 98–156, FCC 01– Guam and the States of Arizona, California, 357) received on April 25, 2002; to the Com- REPORTS OF COMMITTEES Hawaii, and Nevada’’ (FRL7201–2) received on mittee on Commerce, Science, and Transpor- April 24, 2002; to the Committee on Environ- tation. The following reports of committees ment and Public Works. EC–6610. A communication from the Acting were submitted: EC–6601. A communication from the Prin- Chief, Accounting Safeguards Division, Com- By Mr. LIEBERMAN, from the Committee cipal Deputy Associate Administrator of the mon Carrier Bureau, Federal Communica- on Governmental Affairs, without amend- Environmental Protection Agency, transmit- tions Commission, transmitting, pursuant to ment: ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘2000 Bien- H.R. 2305: A bill to require certain Federal titled ‘‘Outer Continental Shelf Air Regula- nial Regulatory Review—Comprehensive Re- officials with responsibility for the adminis- tions Consistency Update for Alaska; Correc- view of Accounting Requirements and tration of the criminal justice system of the tion’’ (FRL7201–8) received on April 24, 2002; ARMIS Reporting Requirements for Incum- District of Columbia to serve on and partici- to the Committee on Environment and Pub- bent Local Exchange Carriers’’ (FCC 02–68) pate in the activities of the District of Co- lic Works. received on April 25, 2002; to the Committee EC–6602. A communication from the Prin- lumbia Criminal Justice Coordinating Coun- on Commerce, Science, and Transportation. cipal Deputy Associate Administrator of the cil, and for other purposes. (Rept. No. 107– EC–6611. A communication from the Acting 145). Environmental Protection Agency, transmit- Chief, Policy and Rules Division, Office of ting, pursuant to law, the report of a rule en- Engineering and Technology, Federal Com- f titled ‘‘Protection of Stratospheric Ozone; munication Commission, transmitting, pur- EXECUTIVE REPORTS OF Availability of Allowances to Produce Meth- suant to law, the report of a rule entitled yl Bromide for Developing Countries’’ ‘‘Amendment of Parts 2, 25 and 97 of the COMMITTEES (FRL7202–6) received on April 24, 2002; to the Commission’s Rules with Regard to the Mo- The following executive reports of Committee on Environment and Public bile-Satellite Service Above 1 GHz’’ (ET Doc. Works. committees were submitted: No. 98–142, FCC 02–23) received on April 25, EC–6603. A communication from the Prin- By Mr. CLELAND for the Committee on 2002; to the Committee on Commerce, cipal Deputy Associate Administrator of the Armed Services. Science, and Transportation. Environmental Protection Agency, transmit- Army nomination of Lt. Gen. Leon J. EC–6612. A communication from the Chief, ting, pursuant to law, the report of a rule en- LaPorte. Enforcement Bureau, Federal Communica- titled ‘‘Revisions to the California State Im- By Mr. LEVIN for the Committee on tions Commission, transmitting, pursuant to plementation Plan, Ventura County Air Pol- Armed Services. law, the report of a rule entitled ‘‘In the lution Control District and South Coast Air Air Force nomination of Maj. Gen. Daniel Matter of Amendment of Part 11 of the Com- Quality Management District’’ (FRL7170–5) James III. mission’s Rules Regarding the Emergency received on April 24, 2002; to the Committee Air Force nominations beginning Brigadier Alert System’’ (EB Doc. No. 01–66/FCC 02–64) on Environment and Public Works. General Thomas P. Maguire, Jr. and ending received on April 25, 2002; to the Committee EC–6604. A communication from the Prin- Colonel John M. White, which nominations on Commerce, Science, and Transportation. cipal Deputy Associate Administrator of the were received by the Senate and appeared in Environmental Protection Agency, transmit- EC–6613. A communication from the Legal Advisor, WTB/Auctions and Industry Anal- the Congressional Record on April 22, 2002. ting, pursuant to law, the report of a rule en- Marine Corps nomination of Maj. Gen. titled ‘‘Section 126 Rule: Revised Deadlines’’ ysis Division/Legal, Federal Communica- tions Commission, transmitting, pursuant to Gary H. Hughey. (FRL7203–2) received on April 24, 2002; to the Marine Corps nomination of Maj. Gen. Committee on Environment and Public law, the report of a rule entitled ‘‘In the Matter of Amendment of Part 1 of the Com- James E. Cartwright. Works. Navy nomination of Adm. Thomas B. EC–6605. A communication from the Attor- mission’s Rules—Competitive Bidding Proce- dures’’ (WT Doc. No. 98–82; FCC 02–34) re- Fargo. ney-Advisor, National Highway Traffic Safe- Navy nomination of Rear Adm. (lh) Charles ty Administration, Department of Transpor- ceived on April 25, 2002; to the Committee on Commerce, Science, and Transportation. H. Johnston, Jr. tation, transmitting, pursuant to law, the re- Navy nomination of Vice Adm. Richard W. port of a rule entitled ‘‘Prohibitions on Sale EC–6614. A communication from the Legal Mayo. or Lease of Defective and Noncompliant Branch Chief, Common Carrier Bureau, Fed- Navy nomination of Vice Adm. Walter F. Motor Vehicles and Items of Motor Vehicle eral Communications Commission, transmit- Doran. Equipment’’ (RIN2127–AI30) received on April ting, pursuant to law, the report of a rule en- 25, 2002; to the Committee on Commerce, titled ‘‘Recovery of Carrier Specific Costs Mr. LEVIN. Mr. President, for the Science, and Transportation. Directly Related to Providing Long-Term Committee on Armed Services I report EC–6606. A communication from the Attor- Number Portability’’ (FCC 02–16; CC Doc. 95– favorably the following nomination ney-Advisor, National Highway Traffic Safe- 116) received on April 25, 2002; to the Com- lists which were printed in the ty Administration, Department of Transpor- mittee on Commerce, Science, and Transpor- RECORDS on the dates indicated, and tation, transmitting, pursuant to law, the re- tation. port of a rule entitled ‘‘Placement of Wheel- EC–6615. A communication from the Assist- ask unanimous consent, to save the ex- chair Restraints on Buses’’ (RIN2127–AH03) ant Bureau Chief, Management, Inter- pense of reprinting on the Executive received on April 25, 2002; to the Committee national Bureau, Federal Communications Calendar that these nominations lie at on Commerce, Science, and Transportation. Commission, transmitting pursuant to law, the Secretary’s desk for the informa- EC–6607. A communication from the Assist- the report of a rule entitled ‘‘Report and tion of Senators. ant Chief, Competition Policy Division, Order Establishing Rules and Policies for the The PRESIDING OFFICER. Without Wireline Competition Bureau, Federal Com- Use of Spectrum for Mobile Satellite Serv- munications Commission, transmitting, pur- ices in the Upper and Lower L-Band’’ (IB objection, it is so ordered. suant to law, the report of a rule entitled Doc. No. 96–132, FCC 02–24) received on April Army nominations beginning Catherine E ‘‘Implementation of Further Streamlining 25, 2002; to the Committee on Commerce, Abbott and ending Jeffrey N Williams, which Measures for Domestic Section 214 Author- Science, and Transportation. nominations were received by the Senate and izations’’ (CC Doc. 01–150, FCC 02–78) received EC–6616. A communication from the Senior appeared in the Congressional Record on on April 25, 2002; to the Committee on Com- Deputy Bureau Chief, Common Carrier Bu- February 6, 2002. merce, Science, and Transportation. reau (Wireline Competition Bureau), Federal Army nominations beginning Eli T Alford EC–6608. A communication from the Acting Communication Commission, transmitting, and ending Eugene C Wardynski, Jr., which Chief, Policy and Rules Division, Office of pursuant to law, the report of a rule entitled nominations were received by the Senate and Engineering and Technology, Federal Com- ‘‘Implementation of the Pay Telephone Re- appeared in the Congressional Record on munications Commission, transmitting, pur- classification and Compensation Provisions February 6, 2002. suant to law, the report of a rule entitled of the Telecommunications Act of 1996, CC Army nominations beginning Bradley G ‘‘Reallocation of the 216–220 MHz, 1427–1429 Doc. No. 96–128’’ (FCC 02–22) received on Anderson and ending Donald A Zimmer, MHz, 1429–1432 MHz, 1432–1435 MHz, and 2385– April 25, 2002; to the Committee on Com- which nominations were received by the Sen- 2390 MHz, Government Transfer Bands’’ (ET merce, Science, and Transportation. ate and appeared in the Congressional Doc. No. 00-221, FCC 01–382) received on April EC–6617. A communication from the Chief, Record on February 6, 2002. 25, 2002; to the Committee on Commerce, Accounting Policy Division, Common Car- Army nomination of Mary B. Bedell. Science, and Transportation. rier Bureau, Federal Communications Com- Army nomination of Rodney E. Hudson.

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2002 CONGRESSIONAL RECORD — SENATE S3505 Army nomination of James R. Uhl. (Nominations without an asterisk the Balanced Budget Act of 1997 medicaid Army nominations beginning Robert G. were reported with the recommenda- disproportionate share transmission pay- Anisko and ending Craig A. Webber, which tion that they be confirmed.) ment rule to public hospitals in all States, nominations were received by the Senate and and for other purposes; to the Committee on appeared in the Congressional Record on f Finance. March 21, 2002. INTRODUCTION OF BILLS AND By Mr. EDWARDS (for himself, Mr. Marine Corps nomination of Jason K. JOINT RESOLUTIONS SMITH of Oregon, and Mrs. CLINTON): Fettig. S. 2392. A bill to amend the National and Army nomination of William K.C. Parks. The following bills and joint resolu- Community Service Act of 1990 to establish a Army nominations beginning Michael J. tions were introduced, read the first Community Corps, and for other purposes; to Bennett and ending Robert S. Hough, which and second times by unanimous con- the Committee on Health, Education, Labor, nominations were received by the Senate and sent, and referred as indicated: and Pensions. appeared in the Congressional Record on By Mr. DURBIN (for himself, Mr. KEN- By Mr. KERRY: April 9, 2002. NEDY, Mr. WELLSTONE, and Mr. S. 2378. A bill to provide for the liquidation Army nominations beginning Frank E. CORZINE): or reliquidation of certain entries; to the Batts and ending Evelyn M. Wilson, which S. 2393. A bill to amend the Public Health Committee on Finance. nominations were received by the Senate and Service Act to provide protections for indi- By Mr. KERRY: appeared in the Congressional Record on viduals who need mental health services, and S. 2379. A bill to provide for the liquidation April 9, 2002. for other purposes; to the Committee on or reliquidation of certain entries of tomato Marine Corps nominations beginning Health, Education, Labor, and Pensions. sauce preparation; to the Committee on Fi- Bamidele J Abogunrin and ending Jay K By Mrs. CLINTON (for herself, Mr. nance. Zollmann, which nominations were received DEWINE, Mr. DODD, Mrs. MURRAY, and By Mr. KERRY: by the Senate and appeared in the Congres- Mr. KENNEDY): S. 2380. A bill to provide for the liquidation sional Record on April 9, 2002. S. 2394. A bill to amend the Federal Food, or reliquidation of certain entries of tomato Army nominations beginning Michael D. Drug, and Cosmetic Act to require labeling sauce preparation; to the Committee on Fi- Armour and ending David J. Wheeler, which containing information applicable to pedi- nance. nominations were received by the Senate and atric patients; to the Committee on Health, By Mr. KERRY: appeared in the Congressional Record on Education, Labor, and Pensions. April 16, 2002. S. 2381. A bill to provide for the liquidation Army nominations beginning Bryan T. or reliquidation of certain entries of tomato f Much and ending Lionel D. Robinson, which sauce preparation; to the Committee on Fi- ADDITIONAL COSPONSORS nominations were received by the Senate and nance. appeared in the Congressional Record on By Mr. KERRY: S. 410 April 16, 2002. S. 2382. A bill to provide for the liquidation At the request of Mr. CRAPO, the Army nominations beginning Carl V. Hop- or reliquidation of certain entries of tomato name of the Senator from Washington per and ending Timothy A. Reisch, which sauce preparation; to the Committee on Fi- (Ms. CANTWELL) was added as a cospon- nominations were received by the Senate and nance. sor of S. 410, a bill to amend the Vio- By Mr. THURMOND: appeared in the Congressional Record on lence Against Women Act of 2000 by ex- April 16, 2002. S. 2383. A bill to amend chapter 71 of title Army nomination of John R. Carlisle. 5, United States Code, to establish certain panding legal assistance for victims of Army nomination of Bryan C. Sleigh. limitations relating to the use of official violence grant program to include as- Marine Corps nominations beginning Les- time by Federal employees, and for other sistance for victims of dating violence. ter H. Evans, Jr. and ending Timothy M. purposes; to the Committee on Govern- S. 710 Hathaway, which nominations were received mental Affairs. At the request of Mr. KENNEDY, the by the Senate and appeared in the Congres- By Mr. LEVIN: names of the Senator from Kansas (Mr. sional Record on April 16, 2002. S. 2384. A bill to establish a joint United Marine Corps nomination of Thomas P. States-Canada customs inspection project; BROWNBACK) and the Senator from Kan- Barzditis. to the Committee on Finance. sas (Mr. ROBERTS) were added as co- Marine Corps nomination of Donald C. By Mr. BINGAMAN: sponsors of S. 710, a bill to require cov- Scott. S. 2385. A bill entitled ‘‘The Production In- erage for colorectal cancer screenings. Marine Corps nomination of John J. centive Certificate Program Revision Act’’; S. 813 Fahey. to the Committee on Finance. At the request of Mr. SANTORUM, the Air Force nominations beginning Loraine By Mrs. LINCOLN (for herself and Mr. name of the Senator from Louisiana H. Anderson and ending Michael E. Young, SPECTER): which nominations were received by the Sen- S. 2386. A bill to amend title XVIII of the (Ms. LANDRIEU) was added as a cospon- ate and appeared in the Congressional Social Security Act to authorize physical sor of S. 813, a bill to amend title XVIII Record on March 6, 2002. therapists to diagnose, evaluate, and treat of the Social Security Act to increase Air Force nomination of Marilyn D. Bar- medicare beneficiaries without a require- payments under the Medicare Program ton. ment for a physician referral, and for other to Puerto Rico hospitals. Air Force nomination of Larry O.* God- purposes; to the Committee on Finance. S. 999 dard. By Mr. SANTORUM (for himself and Navy nomination of Lawrence J. Holloway. Mr. GRASSLEY): At the request of Mr. BINGAMAN, the Navy nominations beginning Eric Davis S. 2387. A bill to amend title II of the So- names of the Senator from Michigan and ending Frank D. Rossi, which nomina- cial Security Act to deny social security old- (Ms. STABENOW), the Senator from Ne- tions were received by the Senate and ap- age, survivors, and disability insurance bene- peared in the Congressional Record on March braska (Mr. NELSON), and the Senator fits to fugitive felons and individuals fleeing 20, 2002. from Washington (Ms. CANTWELL) were Navy nomination of James E. Toczko. prosecution, and for other purposes; to the added as cosponsors of S. 999, a bill to Air Force nominations beginning Samuel E Committee on Finance. amend title 10, United States Code, to By Mr. HOLLINGS: Aikele and ending Bryan M White, which provide for a Korea Defense Service nominations were received by the Senate and S. 2388. A bill to direct the Secretary of the Interior to study certain sites in the historic Medal to be issued to members of the appeared in the Congressional Record on Armed Forces who participated in op- April 9, 2002. district of Beaufort, South Carolina, relating Navy nomination of Bruce R. Christen. to the Reconstruction Era; to the Committee erations in Korea after the end of the Navy nomination of Cole J. Kupec. on Energy and Natural Resources. Korean War. Navy nomination of James E. Lamar. By Mr. ALLEN: S. 1329 S. 2389. A bill to designate the facility of Navy nominations beginning Robert E At the request of Mr. JEFFORDS, the the United States Postal Service located at Bebermeyer and ending Benjamin A Shupp, name of the Senator from Colorado which nominations were received by the Sen- 205 South Main Street in Culpeper, Virginia, ate and appeared in the Congressional as the ‘‘D. French Slaughter, Jr. Post Office (Mr. ALLARD) was added as a cosponsor Record on April 9, 2002. Building’’; to the Committee on Govern- of S. 1329, a bill to amend the Internal Air Force nomination of Michael B. Tier- mental Affairs. Revenue Code of 1986 to provide a tax ney. By Mr. DURBIN: incentive for land sales for conserva- Air Force nomination of Donald R. Copsey. S. 2390. A bill to improve health care in tion purposes. Army nominations beginning Mark H rural areas; to the Committee on Finance. S. 1370 Abernathy and ending X0314, which nomina- By Mr. DURBIN: tions were received by the Senate and ap- S. 2391. A bill to amend the Medicare, Med- At the request of Mr. MCCONNELL, peared in the Congressional Record on Feb- icaid, and SCHIP Benefits Improvement and the name of the Senator from Nevada ruary 6, 2002. Protection Act of 2000 to permanently apply (Mr. ENSIGN) was added as a cosponsor

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3506 CONGRESSIONAL RECORD — SENATE April 29, 2002 of S. 1370, a bill to reform the health (Mr. NELSON) and the Senator from the fiscally responsible decision to im- care liability system. South Dakota (Mr. DASCHLE) were pose sensible limitations on this prac- S. 2007 added as cosponsors of S. 2233, a bill to tice. At the request of Mr. INHOFE, the amend title XVIII of the Social Secu- Although significant resources are name of the Senator from Illinois (Mr. rity Act to establish a Medicare sub- spent on union activities in the Federal DURBIN) was added as a cosponsor of S. vention demonstration project for vet- Government each year, current costs 2007, a bill to provide economic relief erans. are unknown. Limited studies indicate to general aviation entities that have S. 2349 that the costs are high. In 1998, the Of- suffered substantial economic injury as At the request of Mr. THURMOND, the fice of Personnel Management issued a a result of the terrorist attacks per- name of the Senator from South Caro- report that tallied the costs associated petrated against the United States on lina (Mr. HOLLINGS) was withdrawn as a with union activity in the Federal Gov- September 11, 2001. cosponsor of S. 2349, a bill to suspend ernment. The report found that during S. 2010 temporarily the duty on Methoxy ace- the first six months of calendar year At the request of Mr. LEAHY, the tic acid. 1998, official time totaled 2,171,774 hours, and its cost had a dollar value of names of the Senator from Georgia S. 2359 $48,110,284. An astounding 23,965 Fed- (Mr. CLELAND) and the Senator from At the request of Mr. THURMOND, the eral employees used official time, and North Carolina (Mr. EDWARDS) were name of the Senator from South Caro- 946 employees spent an alarming 100 added as cosponsors of S. 2010, a bill to lina (Mr. HOLLINGS) was withdrawn as a percent of their time performing provide for criminal prosecution of per- cosponsor of S. 2359, a bill to suspend union-related activities. The report sons who alter or destroy evidence in temporarily the duty with respect to also found that 912 employees spent be- certain Federal investigations or de- Oxalic Anilide. tween 75 percent and 100 percent of fraud investors of publicly traded secu- S. RES. 246 rities, to disallow debts incurred in vio- their work hours on official time, and At the request of Mr. CAMPBELL, the 1,152 employees spent between 50 per- lation of securities fraud laws from name of the Senator from New Hamp- being discharged in bankruptcy, to pro- cent and 75 percent on official time. shire (Mr. SMITH) was added as a co- The Department of the Treasury alone tect whistleblowers against retaliation sponsor of S. Res. 246, a resolution de- by their employers, and for other pur- spent over $9 million on official time manding the return of the USS Pueblo during this six-month time period. poses. to the United States Navy. S. 2079 Based on the amount spent in six S. RES. 247 months, it is not unreasonable to ex- At the request of Mr. ROCKEFELLER, At the request of Mr. LIEBERMAN, the the name of the Senator from North pect that Treasury spent over $18 mil- name of the Senator from New Hamp- lion during the entire 1998 calendar Dakota (Mr. CONRAD) was added as a shire (Mr. SMITH) was added as a co- cosponsor of S. 2079, a bill to amend year. This report demonstrates that sponsor of S. Res. 247, a resolution ex- title 38, United States Code, to facili- large sums are being spent on union ac- pressing solidarity with Israel in its tate and enhance judicial review of cer- tivity, and I feel strongly that Con- fight against terrorism. tain matters regarding veteran’s bene- gress should insist on a regular ac- fits, and for other purposes. f counting of these costs. Additionally, other studies indicate S. 2189 STATEMENTS ON INTRODUCED that union-related costs are not only At the request of Mr. ROCKEFELLER, BILLS AND JOINT RESOLUTIONS high, but are increasing. In 1996, the the name of the Senator from Massa- By Mr. THURMOND: General Accounting Office issued a re- chusetts (Mr. KENNEDY) was added as a S. 2383. A bill to amend chapter 71 of port on the costs of labor-related ac- cosponsor of S. 2189, a bill to amend the title 5, United States Code, to establish tivities at the Social Security Admin- Trade Act of 1974 to remedy certain ef- certain limitations relating to the use istration. The report found a steady fects of injurious steel imports by pro- of official time by Federal employees, growth in costs at the SSA during the tecting benefits of steel industry retir- and for other purposes; to the Com- 1990s. From calendar year 1990 to 1995, ees and encouraging the strengthening mittee on Governmental Affairs. the amount of time spent on union ac- of the American steel industry. Mr. THURMOND. Mr. President, I tivities at SSA increased from 254,000 S. 2194 rise today to introduce the Workplace hours to 413,000 hours, at a cost in- At the request of Mrs. FEINSTEIN, the Integrity Act of 2002, a bill that would crease of over $6 million. In Fiscal Year name of the Senator from Louisiana monitor and greatly restrict the time 1995 alone, the cost attributed to offi- (Ms. LANDRIEU) was added as a cospon- spent by Federal employees on union- cial time was $12.6 million, the equiva- sor of S. 2194, a bill to hold accountable related activities. Federal spending on lent of the salaries and expenses of ap- the Palestine Liberation Organization union activities is spiraling out of con- proximately 200 employees. More re- and the Palestinian Authority, and for trol, and this legislation, if enacted cently, the Commissioner of Social Se- other purposes. into law, would send a message to the curity reported that the total expenses S. 2215 American people that Congress is com- of labor activities in Fiscal Year 2000 At the request of Mr. SANTORUM, the mitted to curbing wasteful practices in was $13.5 million, an increase of $1.1 name of the Senator from New Hamp- our government. I think that my col- million over the Fiscal Year 1999 level. shire (Mr. SMITH) was added as a co- leagues on both sides of the aisle would These increasing costs are not lim- sponsor of S. 2215, a bill to halt Syrian agree that we have a duty to ensure ited to the Social Security Administra- support for terrorism, end its occupa- that limited monies are used both rea- tion. A 1996 hearing of the Civil Service tion of Lebanon, stop its development sonably and efficiently. Subcommittee of the House Govern- of weapons of mass destruction, cease One area of labor-related spending ment Reform and Oversight Committee its illegal importation of Iraqi oil, and that should be closely examined is the revealed that the use of official time at by so doing hold Syria accountable for use of official time. Official time is the Internal Revenue Service increased its role in the Middle East, and for paid time when Federal employees rep- 27 percent from 1992 to 1996. At the U.S. other purposes. resent union employees and bargaining Customs Service, the rising cost of S. 2221 units. Federal employees may use offi- union activity was more dramatic. The At the request of Mr. ROCKEFELLER, cial time to take part in activities such amount spent on official time in- the name of the Senator from Arkansas as employee-initiated grievance proce- creased from $470,000 in 1993 to more (Mrs. LINCOLN) was added as a cospon- dures and union-initiated representa- than $1 million in 1996, a jump of 119 sor of S. 2221, a bill to temporarily in- tional duties. Surprisingly, there are percent. I am particularly concerned crease the Federal medical assistance few limits on the use of official time. If about these reports of rapidly expand- percentage for the Medicaid Program. costs associated with this practice are ing costs. S. 2233 not contained, these expenditures will Despite the high and increasing At the request of Mr. THOMAS, the become exorbitant drains on the Fed- costs, we do not presently know the names of the Senator from Nebraska eral treasury. Congress should make total amount spent by the Federal

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2002 CONGRESSIONAL RECORD — SENATE S3507 Government on official time. We can S. 2383 By Mr. BINGAMAN: estimate based on incomplete data, but Be it enacted by the Senate and House of Rep- S. 2385. A bill entitled ‘‘The Produc- we do not regularly gather information resentatives of the United States of America in tion Incentive Certificate Program Re- Congress assembled, that would enable us to know the true vision Act’’; to the Committee on Fi- SECTION 1. SHORT TITLE. costs and spending trends. This is un- nance. acceptable. This Act may be cited as the ‘‘Workplace Integrity Act of 2002’’. Mr. BINGAMAN. Mr. President, Furthermore, we do not even know SEC. 2. LIMITATIONS RELATING TO THE USE OF today I am introducing legislation to the true costs at the Social Security OFFICIAL TIME BY FEDERAL EM- make several technical adjustments to Administration, the one agency where PLOYEES. the Production Incentive Certificate, the use of official time has been thor- Section 7131 of title 5, United States Code, PIC, program. The PIC program helps is amended to read as follows: oughly studied. The GAO report on assure that the watch and jewelry in- union activity at the SSA found that ‘‘§ 7131. Official time dustries in the U.S. insular possessions, the reporting system did not track ef- ‘‘(a) Official time may only be granted to particularly the U.S. Virgin Islands, an employee representing an exclusive rep- USVI, will continue to provide critical fectively the number of union rep- resentative to allow such employee to— resentatives charging time to union ac- sources of employment in the insular ‘‘(1) present or process a grievance on be- possessions. This legislation would im- tivities or the actual time spent. A half of another employee in a unit rep- subsequent report issued in 1998 by the resented by the exclusive representative; prove the operation of the PIC program SSA Inspector General also called into ‘‘(2) be present during a grievance pro- for both watch and jewelry manufac- question the reliability of the data col- ceeding involving an employee in a unit rep- turers in the U.S. Virgin Islands and, lected by SSA’s reporting system. The resented by the exclusive representative; over the longer term, would protect the Inspector General’s report concluded ‘‘(3) negotiate a collective bargaining PIC program and related duty incen- agreement under this chapter; or tives from the effects of any future re- that almost half of the SSA managers ‘‘(4) take part in any proceedings approved who were surveyed indicated that the duction or elimination of watch tariffs. by the agency. The watch industry is the largest system for supervising official time ‘‘(b) Official time may only be granted to light manufacturing industry in the spent by employees on union activities an employee represented by an exclusive rep- USVI and remains one of the most im- was either somewhat ineffective or resentative (in a circumstance not covered portant direct and indirect sources of very ineffective. These findings dem- by subsection (a)) to allow such employee private sector employment in the Ter- onstrate that Congress must do a bet- to— ‘‘(1) present a grievance on the employee’s ritory. The insular watch production ter job of monitoring the costs associ- own behalf under a negotiated grievance pro- industry is also highly import-sensitive ated with labor-related activities in cedure; or and faces continued threats from mul- the Federal government. ‘‘(2) take part in any proceedings approved tinational watch producers, who have My bill would accomplish two impor- by the agency. continued to move their watch produc- tant objectives. First, this legislation ‘‘(c) Notwithstanding subsections (a) and (b), official time may not be granted to any tion to lower wage countries. would require the collection of data on employee for activities relating to the inter- Congress and successive Administra- the amount of money spent on official nal business of a labor organization (includ- tions have recognized the importance time in the entire Federal Government. ing the solicitation of membership, elections of the watch industry to the USVI—and By requiring the collection of data as- of labor organization officials, or collection the import sensitivity of watches— sociated with official time, Congress of dues). through a series of significant enact- will have the information necessary to ‘‘(d) Official time under subsections (a) and ments and decisions. The General Note control costs in the future. Second, my (b) may be granted in any amount that the 3(a) program, which Congress has in- bill would help ensure that Federal agency and the exclusive representative in- volved agree to be reasonable, necessary, and corporated in the Harmonized Tariff funds are spent wisely and judiciously. in the public interest, but only to the extent Schedule, grants duty-free treatment This legislation would limit a Federal that, with respect to any employee, the total for qualifying insular possession employee’s use of official time to 25 amount of official time granted to such em- watches and thereby provides a rel- percent of the employee’s total hours ployee for use during the calendar year does ative duty advantage vis-a-vis foreign worked. I believe that this limitation not exceed 25 percent of the total amount of watch producers. Through the PIC pro- is entirely reasonable. It would allow time the employee would otherwise be in gram, insular possession watch pro- Federal employees to spend up to a duty status during the same period. ‘‘(e)(1) Not later than April 1 of each year, ducers can obtain duty refunds based quarter of their time on union-related the Office of Personnel Management shall on creditable wages paid for watch pro- activities and would also protect Amer- submit to the President and each House of duction in the insular possessions. Ad- ican taxpayers from ever-increasing Congress a report on the use of official time ditionally, in recognition of the rel- costs. under this section. The report shall apply ative advantage that duty-free treat- During a period of fiscal discipline, with respect to the calendar year preceding ment of watches provides to insular the submission date. we should seek to know the true costs possession watch producers, Congress ‘‘(2) Each report under this subsection and successive Administrations have of any activities supported by the shall include, in the aggregate and by each American taxpayers. I encourage my agency— resisted efforts to eliminate watch du- colleagues to support my effort to ‘‘(A) the total number of employees to ties on a worldwide basis. place reasonable limitations on the whom official time was granted under this In 1999, Congress extended the Gen- taxpayer financing of union-related ac- section; eral Note 3(a) program and PIC pro- tivities. By bringing the true costs to ‘‘(B) the total number of employee-hours of gram benefits to jewelry produced in light and by seeking to restrain these official time granted under this section; the insular possessions. In doing so, ‘‘(C) the total costs attributable to official Congress sought to promote vital em- escalating expenses, Congress will re- time granted under this section; and sponsibly exercise its power of the ployment in the insular possessions by ‘‘(D) the total number of each activity (as extending existing watch industry in- purse. Furthermore, this bill would categorized by the Office) for which official send a message to American taxpayers time was granted under this section. centives to jewelry production—an in- that their hard-earned dollars will not ‘‘(3) Agencies shall submit to the Office dustry which utilizes many of the same be spent in an uncontrolled and waste- such data as the Office may by regulation re- skills and facilities as watch produc- ful manner. To turn a blind eye to quire in connection with any report under tion. In recent months, three mainland this subsection.’’. costs would be an abdication of our jewelry manufacturing companies have duty to the American people. SEC. 3. EFFECTIVE DATE. established operations in the USVI and The amendment made by this Act shall are expected to file for PIC benefits in I ask unanimous consent that the take effect on the date of enactment of this the near future. text of the legislation be printed in the Act, except that the first report under sec- Recently, watch and jewelry pro- RECORD. tion 7131(e) of title 5, United States Code (as added by this Act) shall be submitted on the ducers in the Virgin Islands have con- There being no objection, the bill was first April 1, following the date occurring 6 sulted with the American Watch Asso- ordered to be printed in the RECORD, as months after the date of enactment of this ciation and U.S. watch firms that im- follows: Act. port substantial quantities of foreign

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3508 CONGRESSIONAL RECORD — SENATE April 29, 2002 made watches regarding proposals to When the PIC program was extended to in enhancing growth and employment preserve and protect benefits for insu- jewelry by Congress, this upper limit in the insular watch and jewelry indus- lar possession watches and jewelry, was also extended to each individual tries. Virgin Islands watch producers, while also mitigating the impact of jewelry producer’s qualifying jewelry the AWA and representatives of U.S. any future reduction of duties on im- production. While this limit may be ap- firms that import foreign-made watch- ported watches. These discussions have propriate for watches, which are tech- es are seeking to address this long- resulted in the parties’ unified support nically sophisticated and relatively ex- standing issue by reconciling existing for the legislation that I am intro- pensive, I am informed that it is likely insular possession watch benefits with ducing today. to unduly limit jewelry production in any worldwide reduction or elimi- The various technical adjustments the insular possessions, which relies on nation of watch duties. The legislation set forth in this legislation would en- large quantities of relatively lower- that I am introducing contains two hance the ability of insular watch and priced units. My proposed legislation mechanisms to help mitigate the im- jewelry producers to utilize the PIC would address this issue by eliminating pact of any future reduction or elimi- program while, at the same time, re- the 750,000 unit per producer limit for nation of watch duties, while also pre- taining overall PIC program unit and jewelry, while retaining the overall serving existing watch benefits. dollar value limits. Additionally, the unit and dollar value limits for the PIC The bill would put in place a standby legislation would establish a standby program as a whole. mechanism that would preserve the mechanism to mitigate the impact of When Congress extended the PIC pro- benefits of duty-free treatment under any possible future reduction or elimi- gram to jewelry in 1999, it sought to General Note 3(a) in the event that nation of watch duties on a worldwide encourage the phased establishment of Congress and a future Administration basis through trade negotiations and new jewelry production in the insular were to agree to eliminate or reduce congressional action. This mecha- possessions through a transition rule. duties on watches. This mechanism nism—which has broad support among Under this rule, jewelry items that are would preserve the relative tariff ad- the insular and domestic watch manu- assembled, but not substantially trans- vantage that insular producers cur- facturing and distribution sectors— formed, in the insular possessions be- rently enjoy over foreign-made watch- would ensure that any future reduction fore August 9, 2001 would be eligible for es by incorporating a ‘‘hold harmless’’ in watch duties does not disturb the PIC program and duty-free benefits. Al- provision in the PIC program. Under relative value of current duty incen- though this new provision has helped this standby mechanism, if watch du- tives and PIC program benefits for the attract new jewelry production to the ties were reduced or eliminated in the insular watch industry. Importantly, USVI, I am informed that some poten- future, PIC payments to insular pro- this standby mechanism would have no tial producers are facing administra- ducers would also include an amount effect on current watch duties or PIC tive, technical and business delays that reflects the value to the insular program limits. which may severely erode the benefits producers of the current General Note Under the PIC program, producers of of the transition rule. The bill would 3(a) benefit. This mechanism would fa- watches and jewelry in the U.S. insular address this issue by extending this cilitate the eventual reduction or possessions are issued certificates by transition rule for new insular jewelry elimination of watch duties on a world- the Department of Commerce for speci- producers for an additional 18 months. wide basis while helping to assure that fied percentages of the producer’s The bill would help to facilitate long any such duty reduction does not lead verified creditable wages for produc- term planning by existing insular pro- to the demise of the insular industry. tion in the insular possessions. Based ducers and attract new producers to Currently, payments under the PIC on these certificates, the producers are the insular possessions by extending program are funded from watch duties. entitled to apply to the U.S. Customs the authorized term of the PIC pro- An alternative funding source would be Service for refunds on duties paid on gram until 2015. The bill would also required if watch duties were reduced watches. Certain technical provisions clarify current law by stating explic- or eliminated on a worldwide basis. of the PIC program, however, impose itly that verified wages include the The legislation that I am introducing unnecessary burdens on producers. amount of any fringe benefits. provides that PIC benefits can be fund- These include unclear definitions, un- For many years, multinational com- ed from jewelry duties or duties on duly complex PIC refund provisions panies that import substantial quan- other appropriate products. and special issues relating to the ex- tities of foreign-made watches into the It is important to bear in mind that tension of PIC benefits to jewelry. The United States have sought to reduce or these two mechanisms would only be legislation that I am introducing today eliminate U.S. watch duties, either activated in the event that watch du- includes technical adjustments to the through multiple petitions for duty- ties are, in fact, reduced or eliminated PIC program to eliminate these bur- free treatment for watches from cer- in the future—decisions that would re- dens, while retaining overall PIC pro- tain GSP-eligible countries or through quire considerable deliberation and gram limits on units and benefits. worldwide elimination of watch duties consultation by the President and Con- Currently, producers must assemble in trade negotiations. Insular posses- gress. By assuring the continuation of often voluminous import entry infor- sion watch producers have repeatedly current benefits for insular producers, mation and apply to U.S. Customs for opposed these efforts on the ground however, these mechanisms would wage-based refunds. If a producer has that the elimination of duties on for- greatly mitigate the impact of any not paid sufficient import duties, the eign watches would eliminate the rel- eventual decision by Congress to re- producer must sell the PIC certificate ative benefit that insular possession duce or eliminate watch duties. to another firm, which then applies for producers receive through duty-free Congress has long recognized that the duty refund. In either event, the treatment under the General Note 3(a) the current watch industry incentives PIC program assures that an insular program and, in turn, lead to the even- are critical to the health and survival producer is compensated for a specified tual demise of the insular watch indus- of the watch industry in the U.S. Vir- percentage of its verified production try. Successive Congresses and Admin- gin Islands. By adopting this legisla- wages, regardless of whether it has istrations have agreed with these argu- tion, Congress can improve the oper- paid the corresponding amount of im- ments and refused to erode the benefits ation of the PIC program for insular port duties. The bill would simplify that insular possession producers re- watch and jewelry producers and estab- this refund process by providing pro- ceive under General Note 3(a) and the lish a mechanism to facilitate the ducers with the option of applying di- PIC program. eventual reduction or elimination of rectly to the Treasury Department for These continued battles over watch watch duties on a worldwide basis. the full amount of their verified PIC duties and the insular possession watch I ask unanimous consent that the program certificates. program have imposed significant re- text of the bill be printed in the For watches, the PIC program estab- source burdens on Virgin Islands watch RECORD. lishes a 750,000 unit limitation on the producers and the Government of the There being no objection, the bill was number of watches used to calculate an U.S. Virgin Islands, diverting resources ordered to be printed in the RECORD, as individual producer’s PIC benefits. and energy that could better be spent follows:

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2002 CONGRESSIONAL RECORD — SENATE S3509 S. 2385 ‘‘(B) At the election of the certificate hold- Social Security Administration, SSA, Be it enacted by the Senate and House of Rep- er and upon making the certification de- to disclose information about the fugi- resentatives of the United States of America in scribed in this clause, the Secretary of the tives to law enforcement officers. I am Congress assembled, Treasury shall pay directly to the certificate pleased to be joined in this effort by holder the face value of the certificate, less SECTION 1. AMENDMENTS TO UNITED STATES IN- the distinguished ranking member of SULAR POSSESSION PROGRAM. the value of— (a) PRODUCTION CERTIFICATES.—Additional ‘‘(1) any duty refund previously claimed by the Finance Committee, Senator U.S. Note 5(h) to chapter 91 of the Har- the holder under the certificate, and GRASSLEY. monized Tariff Schedule of the United States ‘‘(2) a discount of not more than 2 percent There is precedent for this legislation is amended— of the face value of the certificate, in current law. The Personal Responsi- as determined by the Secretary of the Treas- (1) by amending subparagraphs (i) and (ii) bility and Work Opportunity Act of to read as follows: ury. ‘‘(i) In the case of each of calendar years ‘‘(C) Direct payments under clause (B) 1996, P.L. 104–193, disqualified fugitive 2002 through 2015, the Secretaries jointly, shall be made under regulations issued by felons from receiving welfare cash as- shall— the Secretary of the Treasury. Such regula- sistance, Supplemental Security In- ‘‘(A) verify— tions shall assure that a certificate holder is come, SSI, food stamps, and housing ‘‘(1) the wages paid in the preceding cal- required to provide only the minimum docu- benefits. Likewise, it allowed law en- endar year by each producer (including the mentation necessary to support an applica- forcement officers to obtain the cur- value of usual and customary fringe bene- tion for direct payment. A certificate holder shall not be eligible for direct payment rent addresses, photographs, and Social fits)— Security numbers of fugitives who re- ‘‘(I) to permanent residents of the insular under clause (B) unless the certificate holder possessions; and certifies to the Secretaries that the funds re- ceived such assistance. I was the au- ‘‘(II) to workers providing training in the ceived will be reinvested or utilized to sup- thor of these prohibitions on Federal insular possessions in the production or port and continue employment in the Virgin assistance for fugitive felons. manufacture of watch movements and Islands. ‘‘(D) The Secretary of the Treasury is au- I am pleased to report that the cur- watches or engaging in such other activities rent fugitive felons law is having a in the insular possessions relating to such thorized to make the payments provided for in clause (B) from duties collected on watch- positive effect. It is saving taxpayers production or manufacture as are approved millions of dollars. More important, it by the Secretaries; and es, watch movements, and parts therefor. If such duties are insufficient, the Secretary of ‘‘(2) the total quantity and value of watch- is getting violent criminals off the the Treasury is authorized to make the pay- es produced in the insular possessions by streets. For instance, the Inspector ments from duties collected on jewelry under that producer and imported into the customs General of USDA reported that as of chapter 71 or any other duties that the Sec- territory of the United States; and January 2, 2001, more than 6,800 fugi- retary determines are appropriate.’’. ‘‘(B) issue to each producer (not later than (b) JEWELRY.—Additional U.S. Note 3 to tive felon food stamp recipients were 60 days after the end of the preceding cal- chapter 71 of the Harmonized Tariff Schedule arrested. Similarly, SSA identified endar year) a certificate for the applicable of the United States is amended— more than 28,000 fugitive SSI recipi- amount. (1) by redesignating paragraphs (b), (c), (d), ents, 14,000 of whom were identified in ‘‘(ii) For purposes of subparagraph (i), ex- and (e) as paragraphs (c), (d), (e), and (f), re- cept as provided in subparagraphs (iii) and fiscal year 2000. spectively; (iv), the term ‘applicable amount’ means an The legislation offered by Senator (2) by inserting after paragraph (a) the fol- amount equal to the sum of— lowing new paragraph: GRASSLEY and myself would further ‘‘(A) 90 percent of the producer’s creditable ‘‘(b) The 750,000 unit limitation in addi- curtail a fugitive’s financial ability to wages (including the value of any usual and tional U.S. Note 5(h)(ii)(B) to chapter 91 escape the law. In testimony before the customary fringe benefits) on the assembly shall not apply to articles of jewelry subject Finance Committee on April 25, 2001, during the preceding calendar year of the to this note.’’; and first 300,000 units; plus James G. Huse, Jr., Inspector General (3) by striking paragraph (f), as so redesig- of the SSA, expressed frustration that ‘‘(B) the applicable graduated declining nated, and inserting the following: percentage (determined each year by the ‘‘(f) Notwithstanding any other provision SSA does not have the statutory au- Secretaries) of the producer’s creditable of law, any article of jewelry provided for in thority to deny OASI and DI benefits wages (including the value of any usual and heading 7113 that is assembled in the Virgin to fugitive felons. The inability to cut customary fringe benefits) on the assembly Islands, Guam, or American Samoa by a jew- off benefits to these fugitives costs the during the preceding calendar year of units elry manufacturer or jewelry assembler that Social Security Trust Fund $39 million in excess of 300,000 but not in excess of commenced jewelry manufacturing or jew- per year. He also testified that the Pri- 750,000; plus elry assembly operations in the Virgin Is- vacy Act prohibits SSA from providing ‘‘(C) the difference between the duties that lands, Guam, or American Samoa after Au- law enforcement officials with infor- would have been due on the producer’s gust 9, 2001, shall be treated as a product of watches (excluding digital watches) im- the Virgin Islands, Guam, or American mation, such as the current addresses ported into the customs territory of the Samoa for purposes of this note and General and Social Security numbers of fugi- United States during the preceding calendar Note 3(a)(iv) of this Schedule if such article tive felon recipients, which could lead year if the watches had been subject to duty is entered no later than 18 months after such to their apprehension. Mr. Huse told at the rates set forth in column 1 under this jewelry manufacturer or jewelry assembler the Finance Committee, chapter that were in effect on January 1, commenced jewelry manufacturing or jew- 2001, and the duties that would have been due elry assembly operations in the Virgin Is- . . . this waste of Federal funds goes to the on the watches if the watches had been sub- lands, Guam, or American Samoa.’’. heart of our mission, and our inability to stop these payments is frustrating. What is ject to duty at the rates set forth in column SEC. 2. EFFECTIVE DATE. more frustrating to us as a law enforcement 1 under this chapter that were in effect for The amendments made by this Act shall organization is that these benefits were paid such preceding calendar year.’’; and apply with respect to goods imported into to some 17,300 fugitives, many of whom could (2) by amending subparagraph (v) to read the customs territory of the United States have been apprehended had my office been as follows: on or after January 1, 2002. ‘‘(v)(A) Any certificate issued under sub- able to provide law enforcement agencies paragraph (i) shall entitle the certificate By Mr. SANTORUM (for himself with felons’ addresses. The loss of money is disturbing; the thousands of criminals that holder to secure a refund of duties equal to and Mr. GRASSLEY): the face value of the certificate on watches, could have been incarcerated but remain free S. 2387. A bill to amend title II of the is worse. watch movements, and articles of jewelry Social Security act to deny social secu- provided for in heading 7113 that are im- Mr. Huse further advised, ‘‘Congress ported into the customs territory of the rity old-age, survivors, and disability insurance benefits to fugitive felons may want to consider legislation, this United States by the certificate holder. Such session, that will permit us to treat fel- refunds shall be made under regulations and individuals fleeing prosecution, issued by the Treasury Department. Not and for other purposes; to the Com- ons as felons, regardless of the types of more than 5 percent of such refunds may be mittee on Finance. Social Security benefits they are using retained as a reimbursement to the Customs Mr. SANTORUM. Mr. President, the to finance their flight from justice.’’ Service for the administrative costs of mak- Federal Government should not be pay- That is exactly what this bill does. ing the refunds. If the Secretary of the ing benefits to fugitives from justice. The majority of Americans would Treasury determines that there is an insuffi- Today, I am introducing legislation agree it is bad policy to pay Federal cient level of duties from watch and watch- related tariffs, the Secretary may authorize which denies Social Security Old Age benefits to fugitives from justice. The refunds of duties collected on jewelry under Survivors Insurance, OASI, and Social effect of such policy is to give crimi- chapter 71 or any other duties that the Sec- Security Disability Insurance, DI, ben- nals the financial means to continue retary determines are appropriate. efits to fugitive felons and requires the avoiding the law. It is time to close

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3510 CONGRESSIONAL RECORD — SENATE April 29, 2002 legal loopholes which allow felons to Mr. EDWARDS. Mr. President, I’m program. It can be based in a summer receive OASI and DI payments while in very pleased to rise today to introduce program. And it can be directed or su- fugitive status. I urge my colleagues to the School Service Act of 2002. This is pervised by AmeriCorps members who support this legislation. legislation that can help foster the are leaders and coordinators. Thank you, Mr. President. next generation of great American citi- All that we ask is that you ensure I ask unanimous consent that the zens. two things: text of the bill be printed in the When we think about education, we First: real service with real benefits RECORD. usually think about English, math, to communities. The Corporation’s own There being no objection, the bill was science. But I believe education needs studies show that a dollar invested in a ordered to be printed in the RECORD, as to do more than provide knowledge and good service effort produces benefits follows: career skills. It also has to teach citi- worth over four dollars. We need to S. 2387 zenship, the lesson that America is keep that up. Second: we want service that means Be it enacted by the Senate and House of Rep- about not only rights but also respon- resentatives of the United States of America in sibilities, and that each of us, however something to young people, service Congress assembled, humble or wealthy, has a calling to our that students reflect on and talk about SECTION. 1. DENIAL OF SOCIAL SECURITY OLD- community and to our country. In my with each other. We want kids seeing AGE AND SURVIVORS AND DIS- view, service to the community ought these experiences not as another chore, ABILITY INSURANCE BENEFITS TO to be more than just another after- but as an exciting initiation into long FUGITIVE FELONS AND INDIVID- lives of active citizenship. And we UALS FLEEING PROSECUTION; PRO- school activity, like basketball or pho- VISION OF INFORMATION TO LAW tography. Service should be a part of know service is often just that. Kids ENFORCEMENT OFFICERS. every child’s education, as much as who serve grow up to volunteer more Section 202(x) of the Social Security Act math or science or anything else. If our and to vote more throughout their (42 U.S.C. 402(x)) is amended— children are going to believe in serving lives. (1) in the heading, by striking ‘‘Prisoners’’ their community, we have to give them Finally, our bill will hold these pro- and all that follows and inserting the fol- the experience of service while they’re grams to high standards and require lowing: ‘‘Prisoners, Certain Other Inmates of measurable success. Publicly Funded Institutions, and Fugi- young, so they know in their bones that it matters. Let me stress: I don’t think we tives’’; should require my State or city to do (2) in paragraph (1)(A)(ii)(IV), by striking In the last few months, the President ‘‘or’’ at the end; and several of my Senate colleagues anything. Nor should this program op- (3) in paragraph (1)(A)(iii), by striking the have offered proposals to engage more erate nationwide. My proposal is that period at the end and inserting a comma; adults Americans in expanded national for the State and school districts with (4) by inserting after paragraph (1)(A)(iii) service programs. These are promising schools that are ready, we ought to the following: ideas, but I believe they’re left our one make sure every child has the oppor- ‘‘(iv) is fleeing to avoid prosecution, or cus- key group: school-age students, espe- tunity and the responsibility to engage tody or confinement after conviction, under cially high schoolers. in service. Here in Congress, it is our the laws of the place from which the person In the best service initiatives with responsibility to give those opportuni- flees, for a crime, or an attempt to commit ties for service to our young people. a crime, which is a felony under the laws of teenagers, we’ve seen remarkable bene- the place from which the person flees, or fits, for students and the communities When we do, our country will be richly which, in the case of the State of New Jer- they serve. In one program, adults who rewarded in the years and decades to sey, is a high misdemeanor under the laws of had completed service projects more come. such State, or than 15 years earlier were still more ‘‘(v) is violating a condition of probation or likely to be volunteers and voters than By Mr. DURBIN (for himself, Mr. parole imposed under Federal or State law.’’; adults who hadn’t. In another program, KENNEDY, Mr. WELLSTONE, and and kids who served had a 60 percent lower Mr. CORZINE): (5) in paragraph (3), by adding at the end drop-out rate and 18 percent lower rate S. 2393. A bill to amend the Public the following new subparagraph: of school suspension than kids who Health Service Act to provide protec- ‘‘(C) Notwithstanding the provisions of sec- tions for individuals who need mental tion 552a of title 5, United States Code, or didn’t. Just as important, the service also health services, and for other purposes; any other provision of Federal or State law to the Committee on Health, Edu- (other than section 6103 of the Internal Rev- has tremendous impacts on commu- enue Code of 1986 and section 1106(c) of this nities. High school kids have built cation, Labor, and Pensions. Act), the Commissioner shall furnish any community centers in run-down neigh- Mr. DURBIN. Mr. President, I rise to- Federal, State, or local law enforcement offi- borhoods. They’ve cleaned up polluted night to introduce the Mental Health cer, upon the written request of the officer, ponds. They’ve helped small children Patient Rights Act. This legislation with the current address, Social Security learn to read, and offered comfort to will break down one of the barriers number, and photograph (if applicable) of the elderly and sick. People in the faced by thousands of Americans who any individual who receives a benefit under face discrimination in the individual this title, if the officer furnishes the Com- community say this work is worth four times more than it actually costs. health insurance market because they missioner with the name of the individual, have been treated at some time in their and other identifying information as reason- It’s time to encourage more States ably required by the Commissioner to estab- and cities to develop service programs life for a mental condition. Senators lish the unique identity of the individual, for all their students. It’s not enough KENNEDY, WELLSTONE, and CORZINE and notifies the Commissioner that— that students study history to grad- have joined me in this effort. ‘‘(i) the individual— uate. We should expect them to con- Each year some 18 million Americans ‘‘(I) is described in clause (iv) or (v) of tribute to history, too. Some of my fa- suffer from depression, and fully a paragraph (1)(A); and vorite models for engaging children in quarter of the country’s adult popu- ‘‘(II) has information that is necessary for lation is faced with some form of men- the officer to conduct the officer’s official service come from my own State, in fact, from the high school in Raleigh tal illness. Many of them are not part duties; and of group coverage provided by employ- ‘‘(ii) the location or apprehension of the in- that my children have attended. dividual is within the officer’s official du- With these thoughts in mind, today I ers and must rely on individual policies ties.’’. am introducing, together with Senator that they purchased themselves. With- GORDON SMITH and Senator CLINTON, out coverage, many who are dealing By Mr. EDWARDS (for himself, the School Service Act of 2002. The pro- with mental disease do not seek treat- Mr. SMITH of Oregon, and Mrs. posal is very simple: We say to a lim- ment. Indeed, repeated surveys have CLINTON): ited number of States and cities, if you shown that concerns about the cost of S. 2392. A bill to amend the National have schools that will make sure stu- mental care is one of the most common and Community Service Act of 1990 to dents engage in high-quality service reasons that individuals decline to seek establish a Community Corps, and for before graduation, we will support care. The Mental Health Patient other purposes; to the Committee on those school’s efforts. Rights Act limits the ability of health Health, Education, Labor, and Pen- The service can be based in the class- care plans to redline individuals with a sions. room. It can be based in an afterschool preexisting mental health condition.

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 29, 2002 CONGRESSIONAL RECORD — SENATE S3511 I undertook this initiative when I by limiting any preexisting condition benefits than other benefits and many read a letter from one of my Illinois exclusion relating to a mental health have waiting lists due to budget con- constituents who was turned away condition to not more than 12 months straints. from health care plans in the private and reducing this exclusion period by In the seven states without high-risk nongroup market, due solely to a past the total amount of previous contin- pools and without guaranteed issue re- history of treatment for a mental con- uous coverage. quirements, applicants with a history dition. This constituent, whom I will It prohibits any health insurer that of mental illness are likely to find call Mary, suffered severe depression offers health coverage in the individual themselves without any viable health over 10 years ago and received treat- insurance market from imposing a pre- insurance coverage option. ment, which was successful. It allowed existing condition exclusion relating to In other words, it is not about her to return to work. a mental health condition unless a di- money. If the insurance company At that time Mary had employer- agnosis, medical advice or treatment wants to ask you if you have a history sponsored health insurance through was recommended or received within in your family of cancer, heart disease, her husband’s employment. But in the the 6 months prior to the enrollment diabetes, things that might have some fall of 1998, Mary and her husband lost date. impact on the cost of health insurance, this employer-based insurance cov- And it prohibits health plans in the it is understood that is part of under- individual market from charging high- erage when Mary’s husband lost his writing. But now they are including er premiums to individuals based sole- job. mental illness as part of this inquiry, ly on the determination that the indi- Mary applied for a comprehensive and regardless of the fact that it vidual has had a preexisting mental health insurance plan offered to indi- doesn’t seem to be, or prove out to be viduals. Her application was declined health condition. These provisions apply to all health as expensive to the insurance compa- because, as per the insurance company nies, they are just discriminating notice, due to her medical history of plans in the individual market, regard- less of whether a state has enacted an against people who have this history of depression, she did not meet the com- mental illness. pany’s underwriting requirements. alternative mechanism, such as high risk pool, to cover individuals with pre- That is why I am introducing this Mary wrote: existing health conditions. legislation. As I see it, we are being punished for ac- The Mental Health Patients’ Rights It does not make sense that a person cessing health care. In 1987, when I became Act complements ongoing efforts to en- is rendered uninsurable for all health clinically depressed, I could have chosen to needs simply because he or she seeks avoid proper medical care, become unem- hance parity between mental health ployed and received Social Security dis- services and other health benefits. treatment for mental illness. Mental ability. I did not. I obtained the help I need- This is because parity alone will not illness is a disease just as cancer or ed and continued to support myself, my fam- help individuals who do not have access asthma or the flu is a disease. ily and contribute positively to society. De- to any affordable health insurance due Yet it is clear that when it comes to pression is a treatable medical illness. Insur- to preexisting mental illness discrimi- mental health millions of Americans ance companies must stop their indiscrimi- nation. must battle not only with their dis- nate denial of coverage. The Patients’ Rights Act does not ease, but for their access to adequate The Washington Post recently ran a mandate that insurers provide mental insurance coverage. column that documented a similar health services if they are not already I invite my colleagues to enlist in story about the discrimination that in- offering such coverage. It simply pro- this important initiative to ensure dividuals with a history of mental ill- hibits plans in the private non-group that such individuals are not discrimi- ness face in our current health insur- market from redlining individuals who nated against when applying for health ance market. apply for general health insurance insurance coverage. The column conveys the dilemma of based solely on a past history of treat- More than 80 organizations rep- Michelle Witte who was denied health ment for a mental condition. resenting consumers, family members, insurance coverage because she was The legislation is backed by more health professionals and providers have successfully treated for depression dur- than compelling anecdotal stories. I endorsed the Mental Health Patient ing her adolescence. asked for a study from the GAO and Rights Act. I urge you to do the same. Unfortunately, Mary and Michelle last month they told me the new study Some of us who saw the movie, ‘‘A are not alone. While the majority of documents that individuals with men- Beautiful Mind,’’ are reminded that Americans under age 65 have employer- tal disorders, past or present, face re- there are people who have suffered sponsored group coverage, a significant strictions in purchasing health insur- from mental illness who have recov- minority, approximately 12.6 million ance in the individual market that ex- ered and made great contributions to individuals, rely on private, individual ceed restrictions for physical health America, as John Nash has at Prince- health insurance. preexisting conditions in the same cost ton, and as those who have been in- Underwriting in the individual health category. insurance market is fierce. GAO interviewed insurance carriers volved in so many other walks of life. Just last week The Wall-Street Jour- that sell individual market insurance It is unfair in America for us to dis- nal reported that a Wisconsin-based in- and sell insurance in most of the 34 criminate against a person because of a surer, American Medical Security states in which carriers are permitted history of mental illness. Yet it is a Group, Inc., is actually re-underwriting to medically underwrite. fact of life. individual policies on an annual basis. Collectively, these insurers cover I salute my colleagues, Senators At each annual renewal, this company more than one million individuals rep- WELLSTONE and DOMENICI, for their reviews the individuals claims filed in resenting more than 10 percent of all leadership on this issue. I join them in the previous year and increases pre- individual market enrollees. Research- their effort and hope this bill will com- miums to policyholders whose claims ers found that carriers denied coverage plement what they are doing to not exceed the standard. Under the current for applicants with selected mental dis- only make mental illness subject to system of care in the United States, in- orders more than half of the time, coverage by health insurance but also dividuals who are undergoing treat- while denying coverage for applicants to end this discrimination against ment or have a history of treatment with other selected chronic conditions those who have a history of that ill- for mental illness may find it particu- just 30 percent of the time. ness. We should be working to break larly difficult to obtain private health Even in states which have estab- down the stigma of mental illness, not insurance, especially if they must pur- lished subsidized insurance options as a to maintain it. chase it on their own and do not have coverage option for applicants rejected I ask unanimous consent that the an employer-sponsored group plan in the individual insurance market, text of the bill be printed in the available to them. sometimes called high-risk pools, these RECORD. That is why I have introduced this options have higher premium rates. There being no objection, the bill was legislation. The Mental Health Pa- High-risk pools also may include ordered to be printed in the RECORD, as tients’ Rights Act closes this loophole more restrictions on mental health follows:

VerDate Mar 15 2010 21:10 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S29AP2.REC S29AP2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3512 CONGRESSIONAL RECORD — SENATE April 29, 2002 S. 2393 tribution for an individual without a pre- SEC. 4002. AMENDMENTS TO GENERALIZED SYS- Be it enacted by the Senate and House of Rep- existing mental health condition based sole- TEM OF PREFERENCES. (a) INTERNATIONALLY RECOGNIZED WORKER resentatives of the United States of America in ly on the determination that such individual RIGHTS.—Section 507(4) of the Trade Act of Congress assembled, has a preexisting mental health condition, as 1974 (19 U.S.C. 2467(4)) is amended— SECTION 1. SHORT TITLE. such term is defined in subsection (a)(2)(A). ‘‘(c) NONAPPLICABILITY OF ACCEPTABLE AL- (1) by striking ‘‘and’’ at the end of subpara- This Act may be cited as the ‘‘Mental TERNATIVE MECHANISMS.—The provisions of graph (D); Health Patients’ Rights Act’’. section 2741(a)(2) shall not apply to a health (2) by striking the period at the end of sub- SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH insurance issuer that offers health insurance paragraph (E) and inserting ‘‘; and’’; SERVICE ACT. coverage in the individual market in a State, (3) by adding at the end the following new Subpart 1 of part B of the Public Health but only with respect to an individual, or de- subparagraph: Service Act (42 U.S.C. 300gg-41 et seq.) is pendent of such individual, with a pre- ‘‘(F) a prohibition on discrimination with amended by adding at the end the following: existing mental health condition desiring to respect to employment and occupation.’’; ‘‘SEC. 2745. LIMITATION ON PREEXISTING CONDI- enroll in such individual health insurance and TION EXCLUSION PERIOD AND PRE- coverage.’’. (4) by amending subparagraph (D) to read MIUMS WITH RESPECT TO MENTAL as follows: HEALTH. f ‘‘(D) a minimum age for the employment of ‘‘(a) LIMITATION ON PREEXISTING CONDITION children, and a prohibition on the worst EXCLUSION PERIOD.— AMENDMENTS SUBMITTED AND forms of child labor, as defined in paragraph ‘‘(1) IN GENERAL.—Notwithstanding any PROPOSED (6);’’. other provision of law, a health insurance SA 3381. Mr. BAUCUS submitted an amend- (b) REVIEW OF ELIGIBILITY CRITERIA.— issuer that offers health insurance coverage ment intended to be proposed by him to the (1) IN GENERAL.—Title V of the Trade Act in the individual market in a State may, bill H.R. 3009, to extend the Andean Trade of 1974 is amended by inserting after section with respect to an individual or dependent of Preference Act, to grant additional trade 503, the following new section: such individual, impose a preexisting condi- benefits under that Act, and for other pur- ‘‘SEC. 503A. REVIEWS. tion exclusion relating to a preexisting men- poses; which was ordered to lie on the table. ‘‘(a) ONGOING REVIEWS.—Notwithstanding tal health condition only if— f any other provision of law, the President ‘‘(A) such exclusion relates to a mental shall conduct on an ongoing basis a review of health condition, regardless of the cause of TEXT OF AMENDMENTS the eligibility criteria with respect to any the condition, for which medical advice, di- Mr. BAUCUS submitted an country or article designated as eligible agnosis, care, or treatment was rec- SA 3381. amendment intended to be proposed by under this title. Such reviews, in addition to ommended or received within the 6-month the reviews conducted pursuant to part 2007 period ending on the enrollment date; him to the bill H.R. 3009, to extend the Andean Trade Preference Act, to grant of title 15, Code of Federal Regulations (as in ‘‘(B) such exclusion extends for a period of effect on January 1, 2002), shall form the not more than 12 months after the enroll- additional trade benefits under that basis for any withdrawal, suspension, or lim- ment date; and Act, and for other purposes; which was itation of benefits under section 502(d)(1) or ‘‘(C) the period of any such preexisting ordered to lie on the table; as follows: section 503(c)(1). condition exclusion is reduced by the aggre- At the end add the following: ‘‘(b) WORKER RIGHTS REVIEWS.— gate of the periods of creditable coverage (if ‘‘(1) IN GENERAL.—In reviewing the eligi- any, as defined in paragraph (3)(A)) applica- DIVISION D—EXTENSION OF CERTAIN PREFERENTIAL TRADE TREATMENT bility criteria set forth in sections ble to the individual or dependent of such in- 502(b)(2)(G), 502(b)(2)(H), and 502(c)(7) as part dividual as of the enrollment date. AND MISCELLANEOUS TRADE PROVI- SIONS of an ongoing review described in subsection ‘‘(2) DEFINITIONS.—In this section: (a) or as part of a specific request for review TITLE XLI—EXTENSION OF GENERALIZED ‘‘(A) PREEXISTING MENTAL HEALTH CONDI- under part 2007 of title 15, Code of Federal SYSTEM OF PREFERENCES TION.—The term ‘preexisting mental health Regulations, the President shall give special condition’ means, with respect to coverage, a SEC. 4101. GENERALIZED SYSTEM OF PREF- consideration to the findings of the Inter- mental health condition, including all cat- ERENCES. national Labor Organization (or committees (a) EXTENSION OF DUTY-FREE TREATMENT egories of mental health conditions listed in thereof) concerning the country under re- UNDER SYSTEM.—Section 505 of the Trade the Diagnostic and Statistical Manual of view. Act of 1974 (19 U.S.C. 2465) is amended by Mental Disorders, Fourth Edition (DSM IV– ‘‘(2) REGULATIONS.—Not later than 180 days striking ‘‘September 30, 2001’’ and inserting TR), or the most recent edition if different after the date of enactment of the Trade Act ‘‘December 31, 2006’’. than the Fourth Edition, that was present of 2002, the President shall promulgate regu- (b) EFFECTIVE DATE.—The amendment before the date of enrollment of such cov- lations establishing guidelines for giving made by subsection (a) shall take effect on erage, whether or not any medical advice, di- special consideration to the findings of the the date of enactment of this Act. agnosis, care, or treatment was rec- International Labor Organization (or com- (c) RETROACTIVE APPLICATION FOR CERTAIN ommended or received before such date. mittees thereof) as required by paragraph LIQUIDATIONS AND RELIQUIDATIONS.— ‘‘(B) OTHER TERMS.—The terms ‘preexisting (1)’’. (1) IN GENERAL.— condition exclusion’, ‘enrollment date’, and (2) CONFORMING AMENDMENT.—The table of (A) ENTRY OF CERTAIN ARTICLES.—Notwith- ‘late enrollee’ shall have the meanings given contents for title V of the Trade Act of 1974 such terms in section 2701 as relating to indi- standing section 514 of the Tariff Act of 1930 or any other provision of law, and subject to is amended by inserting after the item relat- vidual health insurance coverage. ing to section 503, the following new item: ‘‘(3) CREDITING PREVIOUS COVERAGE.—For paragraph (2), the entry— ‘‘Sec. 503A. Reviews. purposes of subsection (a), the term ‘cred- (i) of any article to which duty-free treat- itable coverage’ has the meaning given such ment under title V of the Trade Act of 1974 TITLE XLII—MISCELLANEOUS TRADE term in section 2701(c) and includes coverage would have applied if the entry had been PROVISIONS of the individual under any of the following: made on September 30, 2001; SEC. 4201. IDENTIFICATION OF TRADE EXPAN- ‘‘(A) A college-sponsored health plan, or a (ii) that was made after September 30, 2001, SION PRIORITIES. plan under which health benefits are offered and before the date of enactment of this Act; Section 310(a)(1) of the Trade Act of 1974 (19 by or through an institution of higher edu- and U.S.C. 2420(a)(1)) is amended by striking cation (as defined in section 481(a) of the (iii) to which duty-free treatment under ‘‘Within 180 days after the submission in cal- Higher Education Act of 1965 (20 U.S.C. title V of that Act did not apply, endar year 1995 of the report required by sec- 1088(a)) in relation to students at the institu- shall be liquidated or reliquidated as free of tion 181(b)’’ and inserting ‘‘Within 30 days tion (not including benefits offered to such a duty, and the Secretary of the Treasury after the submission of the report required student as a participant or beneficiary in a shall refund any duty paid with respect to by section 181(b)’’. group health plan). such entry. f (B) ENTRY.—In this subsection, the term ‘‘(B) Title XXI of the Social Security Act. AUTHORITY FOR COMMITTEES TO ‘‘(C) A State or local employee health plan. ‘‘entry’’ includes a withdrawal from ware- ‘‘(b) PROHIBITION ON INCREASED PREMIUMS house for consumption. MEET BASED ON PREEXISTING MENTAL HEALTH CON- (2) REQUESTS.—Liquidation or reliquida- SELECT COMMITTEE ON INTELLIGENCE DITION.—A health insurance issuer that of- tion may be made under paragraph (1) with Mr. REID. Mr. President, I ask unan- fers health insurance coverage in the indi- respect to an entry only if a request therefor imous consent that the Select Com- vidual market in a State may not, with re- is filed with the Customs Service, within 180 mittee on Intelligence be authorized to spect to an individual or dependent of such days after the date of enactment of this Act, individual, require any individual (as a con- that contains sufficient information to en- meet during the session of the Senate dition of enrollment or continued enroll- able the Customs Service— on Monday, April 29, 2002, at 6:30 p.m. ment) with a preexisting mental health con- (A) to locate the entry; or to hold a closed business meeting. dition to pay a premium or contribution (B) to reconstruct the entry if it cannot be The PRESIDING OFFICER. Without which is greater than a premium or con- located. objection, it is so ordered.

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ELIAS ADAM ZERHOUNI, OF MARYLAND, TO BE DIREC- The nominations considered and con- TOR OF THE NATIONAL INSTITUTES OF HEALTH, VICE unanimous consent the privilege of the HAROLD VARMUS, RESIGNED. firmed are as follows: floor be granted to Tiffany McCullen, a IN THE ARMY Department of Commerce employee de- ARMY The following named officer for appoint- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT tailed to my staff on the Finance Com- IN THE RESERVE OF THE ARMY TO THE GRADES INDI- ment in the United States Army to the grade CATED UNDER TITLE 10, U.S.C., SECTION 12203: mittee, and to Elliott Langer, an in- indicated while assigned to a position of im- To be major general tern from the Finance Committee for portance and responsibility under title 10, the duration of the Senate consider- BRIGADIER GENERAL ALAN D. BELL, 0000 U.S.C., section 601: BRIGADIER GENERAL JAMES A. CHEATHAM, 0000 ation of trade bills. To be general BRIGADIER GENERAL CHARLES E. GORTON, 0000 The PRESIDING OFFICER. Without BRIGADIER GENERAL ROBERT L. HEINE, 0000 Lt. Gen. Leon J. LaPorte, 0000. BRIGADIER GENERAL LAWRENCE J. JOHNSON, 0000 objection, it is so ordered. NAVY BRIGADIER GENERAL DAVID E. KRATZER, 0000 BRIGADIER GENERAL DENNIS J. LAICH, 0000 f The following named officer for appoint- BRIGADIER GENERAL COLLIS N. PHILLIPS, 0000 ment in the United States Navy to the grade To be brigadier general UNANIMOUS CONSENT AGREE- indicated while assigned to a position of im- MENT—EXECUTIVE CALENDAR COLONEL STEVEN R. ABT, 0000 portance and responsibility under title 10, COLONEL RITA M. BROADWAY, 0000 Mr. REID. As in executive session, U.S.C., section 601: COLONEL MICHAEL J. DIAMOND, 0000 COLONEL JAMES P. EGGLETON, 0000 Mr. President, I ask unanimous con- To be admiral COLONEL JAMES A. HASBARGEN, 0000 sent that at 12 noon on Tuesday, April Adm. Thomas B. Fargo, 0000. COLONEL ROSEMARY R. LOPER, 0000 COLONEL JOHN Y. H. MA, 0000 30, the Senate proceed to executive ses- f COLONEL MATTHEW C. MATIA, 0000 sion to consider Calendar Nos. 778 and COLONEL MICHAEL W. MEANS, 0000 LEGISLATIVE SESSION COLONEL JAMES E. PAYNE III, 0000 779, with the time until 12:30 equally COLONEL ROBERT A. POLLMANN, 0000 divided and controlled between Sen- The PRESIDING OFFICER. Under COLONEL JAMES W. RAFFERTY, 0000 the previous order, the Senate will now COLONEL JAMES F. REYNOLDS, 0000 ators LEAHY and HATCH or their des- COLONEL THOMAS D. ROBINSON, 0000 ignees; that upon the use or yielding return to legislative session. COLONEL JOSE M. ROSADO, 0000 COLONEL DEAN G. SIENKO, 0000 back of the time, the Senate stand in f COLONEL JAMES L. SNYDER, 0000 recess until 2:15 p.m.; further, at 2:15 ORDERS FOR TUESDAY, APRIL 30, IN THE NAVY p.m., the Senate proceed to vote on 2002 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Calendar No. 778, to be followed imme- Mr. REID. Mr. President, I ask unan- IN THE UNITED STATES NAVY TO THE GRADE INDICATED diately by a vote on Calendar No. 779; UNDER TITLE 10, U.S.C., SECTION 624: imous consent that when the Senate To be rear admiral (lower half) that upon completion of the votes, the completes its business today, it ad- motions to reconsider be laid upon the CAPTAIN ROBERT J. COX, 0000 journ until the hour of 10 a.m. tomor- CAPTAIN DERWOOD C. CURTIS, 0000 table, the President be immediately row, Tuesday, April 30; that following CAPTAIN PETER H. DALY, 0000 notified of the Senate’s action, and the CAPTAIN KENNETH W. DEUTSCH, 0000 the prayer and pledge, the Journal of CAPTAIN MARK T. EMERSON, 0000 Senate return to legislative session, proceedings be approved to date, the CAPTAIN JEFFREY L. FOWLER, 0000 without further intervening action or CAPTAIN JOHN S. GODLEWSKI, 0000 morning hour be deemed expired, the CAPTAIN GARRY E. HALL, 0000 debate. time for the two leaders be reserved for CAPTAIN LEENDERT R. HERING, 0000 The PRESIDING OFFICER. Is there CAPTAIN ALAN B. HICKS, 0000 their use later in the day, and the Sen- CAPTAIN DEBORAH A. LOEWER, 0000 objection? ate resume consideration of the motion CAPTAIN CARL V. MAUNEY, 0000 The Chair hears none, and it is so or- CAPTAIN WILLIAM J. MCCARTHY, 0000 to proceed to H.R. 3009, the Andean CAPTAIN BERNARD J. MCCULLOUGH III, 0000 dered. Trade Act, with the time until 12 noon CAPTAIN MICHAEL H. MILLER, 0000 Mr. REID. Mr. President, I now ask CAPTAIN ALLEN G. MYERS, 0000 equally divided between the proponents CAPTAIN MARC L. PURCELL, 0000 unanimous consent that it be in order and opponents of the motion; that the CAPTAIN JAMES W. STEVENSON JR., 0000 to request the yeas and nays on the CAPTAIN WILLIAM G. TIMME, 0000 time during the adjournment of the CAPTAIN JOSEPH A. WALSH, 0000 nominations, with one show of hands Senate, the debate time, and the votes CAPTAIN MELVIN WILLIAMS JR., 0000 CAPTAIN JAMES A. WINNEFELD JR., 0000 for a sufficient second. thereafter on the two judges be count- The PRESIDING OFFICER. Without ed against cloture, and that the recess THE FOLLOWING NAMED OFFICER FOR APPOINTMENT objection, it is so ordered. IN THE UNITED STATES NAVY TO THE GRADE INDICATED of the Senate tomorrow be counted UNDER TITLE 10, U.S.C., SECTION 624: Mr. REID. Mr. President, I ask for against the cloture time; further, that To be rear admiral (lower half) the yeas and nays. the Senate recess from 12:30 to 2:15 to- CAPT. GREGORY R. BRYANT, 0000 The PRESIDING OFFICER. Is there a morrow for our weekly party con- sufficient second? THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ferences. IN THE UNITED STATES NAVY TO THE GRADE INDICATED There appears to be a sufficient sec- The PRESIDING OFFICER. Without UNDER TITLE 10, U.S.C., SECTION 624: ond. objection, it is so ordered. To be rear admiral (lower half) The yeas and nays were ordered. Mr. REID. We appreciate the pa- CAPT. ANDREW M. SINGER, 0000 f tience of the Presiding Officer. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED EXECUTIVE SESSION f UNDER TITLE 10, U.S.C., SECTION 624: ADJOURNMENT UNTIL 10 A.M. To be rear admiral (lower half) TOMORROW CAPT. DAVID J. VENLET, 0000 EXECUTIVE CALENDAR Mr. REID. Mr. President, if there is IN THE ARMY Mr. REID. Mr. President, I ask unan- no further business to come before the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY imous consent that the Senate proceed Senate, I ask unanimous consent that MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- to executive session to consider the fol- the Senate stand in adjournment under TION 624: lowing promotions reported out earlier the previous order. To be major today by the Senate Armed Services There being no objection, the Senate, SHAIN BOBBITT, 0000 Committee: Lt. Gen. Leon J. LaPorte at 7:24 p.m., adjourned until Tuesday, BARBARA LOCKBAUM, 0000 to be general; and Adm. Thomas B. April 30, 2002, at 10 a.m. IN THE MARINE CORPS Fargo to be admiral; that the nomina- f THE FOLLOWING NAMED OFFICER TO THE TEMPORARY GRADE INDICATED IN THE UNITED STATES MARINE tions be confirmed, the motions to re- NOMINATIONS CORPS UNDER TITLE 10, U.S.C., SECTION 6222: consider be laid upon the table, the To be major President be immediately notified of Executive nominations received by MICHAEL J. COLBURN, 0000 the Senate’s action, any statements the Senate April 29, 2002: DEPARTMENT OF HOUSING AND URBAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT thereon be printed in the RECORD, and TO THE GRADE INDICATED IN THE UNITED STATES MA- DEVELOPMENT the Senate return to legislative ses- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: sion, without any intervening action or ALBERTO FAUSTINO TREVINO, OF CALIFORNIA, TO BE To be major AN ASSISTANT SECRETARY OF HOUSING AND URBAN DE- debate. VELOPMENT, VICE SUSAN M. WACHTER, RESIGNED. WILLIAM P. MCCLANE, 0000

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THE FOLLOWING NAMED OFFICERS FOR ORIGINAL REG- KERRY L BURKHOLDER, 0000 WAYNE A PAVLISCHEK, 0000 ULAR APPOINTMENT AS PERMANENT LIMITED DUTY OF- GERALD L BUSBY JR., 0000 MICHAEL W PIERCE, 0000 FICERS TO THE GRADE INDICATED IN THE UNITED JOHN J BUTTIL, 0000 JOSEPH PIZZINO, 0000 STATES MARINE CORPS UNDER TITLE 10, U.S.C., SEC- THOMAS C BYRON, 0000 STONE W QUILLIAN II, 0000 TIONS 531 AND 5589: TERRY K CAHILL, 0000 THOMAS J REIMANN, 0000 To be captain TIMOTHY J CASSIDY, 0000 ANDREW REYNOSA III, 0000 JOSEPH F COLLINS, 0000 BRYAN M RHOADES, 0000 NEIL G ANDERSON, 0000 RAYMOND L COSS, 0000 JEFFREY F RICHARDSON, 0000 PETER G BAILIFF, 0000 MICHAEL T CRITES, 0000 MICHAEL K RILEY, 0000 ROY H BARRETT II, 0000 JOHN P CROOK, 0000 JOSEPH D ROMERO, 0000 FERNADO S BLACKBURN, 0000 KENNETH F CUSTER, 0000 JAMES P ROONEY JR., 0000 ALAN W BROWN, 0000 ROBERT L DAVIS, 0000 LIONEL J ROTELLI JR., 0000 BEN A CACIOPPO JR., 0000 TRACE P DENEKE, 0000 CHRIS ROWAN, 0000 MICHAEL D CARROLL, 0000 MICHELLE M DONAHUE, 0000 JEFFREY M SANKEY, 0000 ROBERT T CHARLTON, 0000 DANIEL A DONOHUE, 0000 ROBERT A SCHROEDER, 0000 DANIEL M CLARK, 0000 MATTHEW J DOUGHERTY, 0000 ROBERT M SELLERS, 0000 VERNON L DARISO, 0000 RONALD R DUFF, 0000 TERRENCE L SENGER, 0000 JASON B DAVIS, 0000 MONTE E DUNARD, 0000 JOHN R SHAMBURGER JR., 0000 CHRISTOPHER D DIEDERICH, 0000 PRESTON E DUNPHY, 0000 JAMES P SHEAHAN, 0000 MARK R DOEHRMANN, 0000 RAYMOND G DUQUETTE, 0000 FREDERICK D SHROYER, 0000 LEIGH A DUBIE, 0000 PATRICK J FERRAL, 0000 TERRON D SIMS, 0000 DARREN L DUCOING, 0000 RONALD L FIELDS, 0000 CHARLES E SINGLEY JR., 0000 CLETIS S EVANS JR., 0000 ACENSION D FIERRO, 0000 TIMOTHY S STANFORD III, 0000 RICHARD W FIORVANTI JR., 0000 THERESA A FINCH, 0000 GERALD H STEELE, 0000 JEFFREY S FORBES, 0000 GERARD W FISCHER, 0000 MARK D STEPHENS, 0000 JANE M FITZGERALD, 0000 STEVEN C FREDERICK, 0000 HAROLD C STODDARD, 0000 RICHARD B FITZWATER, 0000 ANTHONY J GIOVENCO JR., 0000 DOUGLAS R SUNDSTROM, 0000 MICHAEL R FOGAL, 0000 MICHAEL R GLASS, 0000 RICHARD A SWEDBERG, 0000 JOHN D FOLSOM II, 0000 JEFFREY C HACKETT, 0000 HOWARD THOMAS, 0000 RONALD K FORSBERG, 0000 DAVID W HILLMAN, 0000 DAVID W THOMPSON, 0000 HENRY J FOSHEE, 0000 SEAN P HOSTER, 0000 MARC R UHAZE, 0000 STEPHEN W FOSTER, 0000 RICHARD A JAYROE, 0000 GARY A VAUGHAN, 0000 MARK K FRAMPTON, 0000 JAMES A JONES, 0000 STEVEN C VEACH, 0000 JAMES J FRAWLEY, 0000 TODD J KROME, 0000 RONALD E VONLEMBKE, 0000 ALBERTO GARCIA, 0000 CLARENCE E LAWSON JR., 0000 MICHAEL E WAGNER, 0000 ANTHONY W LILLER, 0000 WILLIAM C GAWLER JR., 0000 JOHN D GIGNAC JR., 0000 EDWARD M WARD, 0000 ROBERT L LOCKARD JR., 0000 WILSON A WATERS JR., 0000 TOMMY M MILLER, 0000 DENNIS A GOLDSMITH, 0000 CRAIG GRABOWSKY, 0000 DANA A WHITEHOUSE, 0000 WILLIAM M MILLER, 0000 ROBERT A WHITTERS, 0000 EDWARD M MOEN JR., 0000 DAVID J GRECO, 0000 BRIAN M GREEN, 0000 STEPHEN S WOLF, 0000 JOHN L MYRKA, 0000 CHRISTOPHER G WRIGHT, 0000 JUAN M ORTIZ JR., 0000 ROCKY A GREEN, 0000 ANTHONY D HARRISON, 0000 RANDLE L YARBERRY, 0000 DENNIS L PARKS, 0000 LARRY E ZIMMERMAN, 0000 ROBERT A PETERSEN, 0000 DALE W HETRICK, 0000 RALPH G PRATT, 0000 JEANPIERRE HILL, 0000 IN THE NAVY WALTER D ROMINE JR., 0000 JON T HOFFMAN, 0000 ROGER N RUDD, 0000 PAUL K HOPPER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RAYMOND W HOWER, 0000 TIMOTHY T RYBINSKI, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY NATHANIEL F HUGHES, 0000 JAMES I SAYLOR, 0000 UNDER TITLE 10, U.S.C., SECTION 624: RICHARD F HUNT, 0000 RICHARD F SCHOFIELD, 0000 CHARLES M IAQUINTO, 0000 To be captain LEROY SUMTER, 0000 MICHAEL T ILCZYSZYN, 0000 CHRISTOPHER A SUTHERLAND, 0000 JAMES E. RUSSELL, 0000 RICHARD M JAKUCS, 0000 BRIAN A TOBLER, 0000 AUNDRA J JEFFERSON, 0000 RAUL TORRES, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEPH E JENKINS JR., 0000 TIMOTHY D WHEELER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY LEE KORZAN, 0000 KEVIN R WILLIAMS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY S KRONGAARD, 0000 JEFFREY P WOOLDRIDGE, 0000 MARIO LAPAIX, 0000 To be commander WESLEY L WOOLF JR., 0000 JAMES M LARIVIERE, 0000 LYDIA R. ROBERTSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TERRY A LARSON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- JOSEPH K LASLAVIC, 0000 RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION DENVER L LATIMORE, 0000 f 12203: THOMAS C LATSKO, 0000 To be colonel KENNETH LEE, 0000 STEVEN R LEE, 0000 CONFIRMATIONS JOHN F AHERN, 0000 THOMAS E LEONARD, 0000 JAMES T ANTHONY, 0000 CHARLES A LOWTHER, 0000 Executive nominations confirmed by DONALD F ARMENTO, 0000 DANIEL J LUND, 0000 CAROLYN A ARNOLD, 0000 ROBERT T MAGUIRE, 0000 the Senate April 29, 2002: KATHERINE A ASHTON, 0000 MICHAEL W MANSKE, 0000 IN THE ARMY ELIZABETH K AUSTIN, 0000 DANA K MARTIN, 0000 LEANDRO E BAILEY, 0000 DANNY M MCDADE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BARBARA U BALLARD, 0000 REX C MCMILLIAN, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED JOHN C BARGHUSEN, 0000 WILLIAM L MCMULLEN, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JESSE R BARKER, 0000 DOUGLAS G MCPHERSON, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: EDWARD J BARR, 0000 CHRISTOPHER L MCRAE, 0000 RICHARD O BARTCH JR., 0000 GORDON S METROKA, 0000 To be general WILLIAM G BASSETT, 0000 MICHIAL M MICHALOVICH, 0000 LT. GEN. LEON J. LAPORTE MATTHEW F BOGDANOS, 0000 DALE W MILLER, 0000 REED R BONADONNA, 0000 EDMUND C MITCHELL, 0000 IN THE NAVY ROBERT A BOOTH JR., 0000 KEVIN T MURPHY, 0000 KENT W BRADFORD, 0000 SHAUN M MURPHY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JONATHAN P BRAZEE, 0000 MICHAEL F NILES, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED PAUL W BRIER, 0000 ROBERT M OLIVIER, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ROBIN C BROOKINS, 0000 SCOTT J OLSON, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PAUL T BRUEMMER, 0000 ANTHONY E OSTERMAN, 0000 To be admiral WILLIAM H BUCKEY, 0000 WAYNE O OUZTS, 0000 CHRIS W BURKHART, 0000 LAURENCE S PATZMAN, 0000 ADM. THOMAS B. FARGO

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