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

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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, TUESDAY, JULY 9, 2002 No. 91 House of Representatives The House met at 10:30 a.m. and was pay Federal income taxes as a result of Jose and Magdalena Castillo of Joliet, called to order by the Speaker pro tem- the Bush tax cut. We eliminate the Illinois, a hard-working couple that pore (Mr. BOOZMAN). marriage tax penalty; we wipe out the benefits from the marriage tax relief in f death tax; we make it easier to save for the Bush tax cut, $1,150, that is several retirement as well as for education. months’ worth of child care for DESIGNATION OF SPEAKER PRO Unfortunately, because of a quirk or an Eduardo and Carolina while they are at TEMPORE arcane rule over in the other body, the work. That is several months’ worth of The SPEAKER pro tempore laid be- Bush tax cut ended up being a tem- car payments. It is a significant fore the House the following commu- porary measure. That means if we fail amount of money they could set aside nication from the Speaker: to make permanent the Bush tax cut, in their IRA or their education savings Washington, DC, July 9, 2002. taxes will go back up for over 100 mil- account for retirement or for their I hereby appoint the Honorable JOHN lion American taxpaying households. children’s education. BOOZMAN to act as Speaker pro tempore on I want to draw attention to one of We need to make permanent the mar- this day. the provisions, a provision which many riage tax penalty relief that this House J. DENNIS HASTERT, of us have worked on over the last sev- passed this past year and was signed Speaker, House of Representatives. eral years that is a fundamental issue into law by President Bush. I am proud f of fairness and something we call the to say that just a few weeks ago the marriage tax penalty. Unfortunately, House of Representatives passed over- MORNING HOUR DEBATES prior to the Bush tax cut being signed whelmingly, every House Republican The SPEAKER pro tempore. Pursu- into law, 36 million married working voted ‘‘yes’’ and I also want to note ant to the order of the House of Janu- couples paid higher taxes just because that 60 Democrats broke with their ary 23, 2002, the Chair will now recog- they are married. They paid higher leadership and joined with the Repub- nize Members from lists submitted by taxes because when both husband and licans in voting to make permanent the majority and minority leaders for wife are in the workforce and you com- the marriage tax relief provisions that we passed and were signed into law this morning hour debates. The Chair will bine your income and you file jointly, past year. As a result of making it per- alternate recognition between the par- it pushes you into a higher tax bracket manent, we will see protection for Jose ties, with each party limited to not to and that creates the marriage tax pen- and Magdalena Castillo. We will also exceed 30 minutes, and each Member, alty. If we allow the Bush tax cut to except the majority leader, the minor- see that Jose and Magdalena Castillo expire, 36 million married couples will and 36 million couples like them will ity leader, or the minority whip, lim- pay about $1,700 more in higher taxes ited to not to exceed 5 minutes. no longer pay the marriage tax penalty as a result of the marriage penalty ever. That is why we need to make it The Chair recognizes the gentleman being restored. That is a $42 billion tax permanent. ELLER) for 5 min- from Illinois (Mr. W increase. Again, during this year as we debate utes. Let me introduce a couple from the whether or not to make permanent the f district that I represent in the south elimination of the marriage tax pen- suburbs of Chicago, from Joliet, Illi- MARRIAGE TAX PENALTY alty, there will be those on the other nois, Jose and Magdalena Castillo, side who argue they need to spend the Mr. WELLER. Mr. Speaker, I appre- their son Eduardo, their daughter money here in Washington, that $1,150 ciate this opportunity to briefly ad- Carolina. They live in Joliet, Illinois, for Jose and Magdalena Castillo does dress the House on an issue, I believe, they are hard-working Americans, and not really matter because it is really of importance to 36 million married they suffered the marriage tax penalty not a lot of money. The bottom line is working couples. This past year the prior to the Bush tax cut being signed it is a fairness issue. Is it right or is it House of Representatives and President into law. The marriage tax penalty for wrong that under our Tax Code that a Bush had a great accomplishment, that Jose and Magdalena Castillo was about couple who choose to get married was, that we cut taxes across the $1,150. There are some people here in should suffer higher taxes? I think it is board, benefiting every taxpaying Washington who think that we should wrong that we would want to punish American. In fact, over 100 million allow the marriage tax penalty provi- society’s most basic institution. households have seen their Federal sion to expire because they want to The bottom line is, this House of taxes lowered as a result of what we spend that money here in Washington. Representatives has voted overwhelm- call the Bush tax cut; 3.9 million Amer- For the, $1,150 is chump change here in ingly to make permanent the elimi- ican families with children no longer Washington; but for a couple such as nation of the marriage tax penalty. My

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

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VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.000 pfrm12 PsN: H09PT1 H4354 CONGRESSIONAL RECORD — HOUSE July 9, 2002 hope is that the Senate and the House countants in this country, those who JUVENILE DIABETES will join together, that we will have bi- lack integrity have only been The SPEAKER pro tempore. Pursu- partisan support in both the House and emboldened by the permissive environ- ant to the order of the House of Janu- Senate, and that we will send to the ment created by this administration ary 23, 2002, the gentlewoman from President this year legislation to per- and by those on the other side of the Florida (Ms. ROS-LEHTINEN) is recog- manently eliminate the marriage tax aisle in congressional leadership who nized during morning hour debates for penalty. Because if we do not, couples never met a regulation that they liked. 5 minutes. such as Jose and Magdalena Castillo of Companies like Enron and WorldCom Ms. ROS-LEHTINEN. Mr. Speaker, I Joliet, Illinois, will see a $1,150 tax in- and Arthur Andersen obviously be- would like to call the Chamber’s atten- crease just because they are married if lieved they could mislead investors tion to the serious issue of juvenile dia- we fail to make permanent the elimi- with impunity as long as this Presi- betes which is usually but not always nation of the marriage tax penalty. dent, this friend of corporate America, diagnosed in children and remains with And if you add up all the couples across was in office. them for life. It has stricken over 16 America who benefit from the elimi- million Americans, and it kills one nation of the marriage tax penalty, 36 And why would they not? In the mid- American every 3 minutes. By the time million married working couples, it dle of the Enron scandal, President that my brief remarks are over, two would be a $42 billion tax increase over- Bush, on behalf of his corporate children will be diagnosed with the dis- all. friends, proposed a zero-growth budget Let us protect Jose and Magdalena for the Securities and Exchange Com- ease, kids like my constituent Victor Castillo. Let us permanently eliminate mission even though the SEC itself Suarez. Diagnosed at age 14, Victor has the marriage tax penalty. Let us work complained it was too short-staffed to to administer daily shots of insulin to together and let us get it done this go after these corporate abuses. Presi- keep him from falling into a diabetic year. dent Bush supported a weak pension re- coma from which there may be no recovery. Victor’s friends must keep con- f form bill in the House even though thousands of employees in Texas and stant watch of his condition. This is no CORPORATE FRAUD around the country lost their retire- way for Victor or any child to live, but The SPEAKER pro tempore. Pursu- ments because of fraud and mis- unfortunately this scene is repeated ant to the order of the House of Janu- management by the President’s friends millions of times every day across our ary 23, 2002, the gentleman from Ohio and his single major contributor and country. (Mr. BROWN) is recognized during morn- fundraiser at Enron. And the President Mr. Speaker, let us work toward finding hour debates for 5 minutes. endorsed an accounting reform bill in ing more funding for research to ensure Mr. BROWN of Ohio. Mr. Speaker, the House that had no teeth since it that Victor and other children will not later today President Bush is scheduled was strongly supported by his friends be forced to suffer with juvenile diabe- to give a major speech, it is billed, on in the accounting industry. tes. I congratulate the South Florida corporate responsibility. His advisers chapter of the Juvenile Diabetes Foun- have told us he is going to get tough on Does it sound familiar? President dation International as well as its corporate wrongdoers. He is even call- Bush has refused to ask for reauthor- president, Sheldon Anderson, for their ing for jail time for those who defraud ization of the Superfund tax which sincere commitment to finding a cure shareholders and who violate Federal would require corporate polluters, for diabetes and its serious complica- law. In addition, the President’s advis- again friends of the President, which tions. Founded in 1991 by a group of ers let slip recently he is reading a bi- would require corporate polluters to dedicated individuals, this south Flor- ography of Theodore Roosevelt who pay for cleanup of the messes that they ida chapter has already contributed had a well-deserved reputation for bat- make. Instead, he wants to saddle tax- over $8 million to diabetes research. tling corporate greed. All of this must payers with those cleanup costs. The Mr. Speaker, I join 274 Members of Con- mean that the President is very serious President joined the prescription drug gress and 67 Senators who recently about ending this season of executive industry, for whom they had a fund- signed a letter requesting support for greed and corporate misgovernance in raiser raising literally $3 million from increased juvenile diabetes research America. the drug industry itself 2 weeks ago, in funding. But to use the bully pulpit like supporting and pushing through the I believe, as do my colleagues, that a Teddy Roosevelt did, you have got to House a Medicare prescription drug cure for juvenile diabetes is just have credibility on the issues at hand. plan that, first of all, privatizes Medi- around the bend and that by working For many of us, the President’s credi- care, and second undercuts seniors’ together, we can make it a reality. bility on corporate issues has been a purchasing power and enables the drug f problem since his vast, but inex- industry, the most profitable industry plicable, success as a businessman was in America, to continue to sustain its HONORING THE LIFE OF PETE C. revealed a number of years ago. As re- outrageous drug prices. JARAMILLO cently as yesterday, the President and the White House have sought to offer The President has openly supported The SPEAKER pro tempore. Pursu- new explanations for why he did not re- the idea of turning the Medicare pro- ant to the order of the House of Janu- port in a timely manner his 1990 sale of gram over to the health insurance in- ary 23, 2002, the gentleman from Texas $850,000 worth of stock in a Texas-based dustry, again friends and major con- (Mr. HINOJOSA) is recognized during energy company just weeks before its tributors of the President, and the So- morning hour debates for 5 minutes. value plummeted. cial Security program over to Wall Mr. HINOJOSA. Mr. Speaker, it is a It sounds a lot like Enron. It sounds Street, again major friends and polit- great honor and personal privilege to a lot like WorldCom. It sounds a lot ical supporters and contributors of the stand before you to pay tribute to one like Adelphia. It sounds a lot like these President. of our bravest and finest Americans, Pete C. Jaramillo, a loving father and corporate scams that we have all been Sadly, Mr. Speaker, the list goes on grandfather, devoted son and brother, so critical of. Previously, the President and on and on and on and on. So later courageous soldier, loyal civil servant said he thought regulators lost the doc- today as the country listens with rapt and great human being. uments. He pointed at the regulators. attention to the President’s plan for Then last week the White House said it Pete C. Jaramillo of Belen, New Mex- reversing the trend of corporate greed ico, passed away on April 26, 2002, after was a mix-up by the lawyers, the son of and misdeeds, you will understand if I the President’s lawyers; and then yes- a long illness. He will be remembered view this speech with a healthy degree terday he gave the most plausible ex- for his quiet strength, gentle manner, of skepticism. planation. He said, ‘‘I still haven’t fig- humility, deep compassion, kindness, ured it out completely how I made the Civil rights leaders said years ago, and his dignity. He will be deeply $850,000.’’ He has not figured it out. ‘‘Don’t tell me what you believe, tell missed by his family and friends. Mr. While there are many decent and me what you do and I’ll tell you what Jaramillo was born in Arroyo Colorado honest corporate executives and ac- you believe.’’ (Red Canyon), New Mexico, a small

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.002 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4355 community in the Manzano Mountains. Mr. Jaramillo retired after completing Stewart’s is a story that we are indeed He was the first son and one of nine 30 years of Federal service. He received in need of telling and hearing in this children born to Aurelia Chavez and many commendations for his out- Nation. Andres Jaramillo. Like many children standing performance and rarely Mr. Speaker, in this new world that reared in the 1920s and early 1930s, the missed a day of work. His last assign- we have entered since September 11, it Great Depression forced Mr. Jaramillo ment was with Kirtland Air Force Base is becoming easier to remember that to grow up quickly. Economic hard- in Albuquerque, New Mexico. evil is an ever present reality. It is now ships were abundant, and there was al- Mr. Jaramillo enjoyed the simple easier to remember that hatred and ways someone’s situation that was things in life, his family, the sun upon bigotry are always and everywhere worse than his. The Depression taught his face, grape juice, chocolate, a coun- wrong. We gather to remember that Jaramillo the importance of helping try breakfast and, yes, Sunday drives. the commission of monstrous sin re- others, and throughout his life he was An avid reader, he liked to keep up quires not our consent but only our in- known to lend a helping hand to those with current events. Above everything, difference. Of these things many of our in need. Pete exemplified a life of doing unto ancestors are guilty. We can certainly In 1941, at the age of 17, Mr. others as you would have them do unto say of slavery that it was ‘‘one more Jaramillo joined President Franklin you. wrong to man and one more insult to Roosevelt’s Civilian Conservation May he rest in peace. God.’’ And as a means of ensuring that Corps Camp, a New Deal program de- f we never see the same, we propose a signed to create jobs and rebuild Amer- memorial in the shadow of the Lincoln SLAVE MEMORIAL IN OCALA, ica’s roads and infrastructure. He and Memorial. We do this as a testament to FLORIDA, AND OUR NATION his troop of Company 2867, Camp SCS– slavery’s ‘‘many thousand gone.’’ 27–N, maintained New Mexico’s treas- The SPEAKER pro tempore. Pursu- Each slave was an individual and a ured forests and streams. As a devoted ant to the order of the House of Janu- child of God. Not only do they deserve son and brother, he shared his meager ary 23, 2002, the gentleman from Flor- our remembrance, we owe them our re- wages with his family. ida (Mr. STEARNS) is recognized during spect. The legacy of our Nation in- During World War II, Mr. Jaramillo morning hour debates for 5 minutes. cludes many people, including those was called to serve his country. After Mr. STEARNS. Mr. Speaker, as many who were victims but chose not to be completing his basic and advanced in- Members did this weekend, I am sure, I victimized. As Americans, we naturally fantry training at Fort Bliss, Texas, he spent the Fourth of July back home understand this universal story of re- was deployed to Europe where the Ger- with the people of the Sixth Congres- silience and strength; and with this mans had invaded the Allies. On D- sional District. I had the privilege of memorial we have the opportunity to Day, June 6, 1944, U.S. servicemen joining others in my hometown com- thank the people who so greatly con- landed on Omaha Beach in France. munity at the unveiling of a slave me- tributed to an American cultural un- Jaramillo was among the first wave of morial in Ocala, Florida. The local derstanding of perseverance and, of servicemen who landed on Omaha community leaders believed that course, independence. Beach. Unlike countless troops, ‘‘Florida could not have existed and Mr. Speaker, it is my earnest desire Jaramillo survived the Normandy inva- grown as it did without the hard work, that a slave memorial will play a part sion only to be severely wounded by a courage, sacrifice and sometimes ge- in healing the legacy of slavery. It is hand grenade 6 weeks later. He was nius of black men and women.’’ said that symbols are the natural hospitalized for 4 months before re- For this reason, a monument was speech of the soul, a language older and turning to the U.S. erected to honor the lives of the slaves more universal than the words that we His near fatal wounds affected him who bear great responsibility for the use every day. Hopefully, this memo- all the days of his life. By the age of 20, prosperity we enjoy in the State of rial will speak in a language more eas- Mr. Jaramillo’s decorations and cita- Florida. However, this is not only true ily understood than simple words. We tions included the Combat Infantry in Florida; but, Mr. Speaker, I think it stand here today to honor the slaves Badge, the European-African-Middle is true across this country. Lest this themselves and the men who fought to Eastern Service Badge, the Good Con- connection continue to go unrecog- end their slavery. This discussion can- duct Badge, the Victory Medal, and the nized, I along with the gentleman from not stop with the troubles of those who Purple Heart, which he received when Ohio (Mr. HALL) introduced the Slave were enslaved, but must continue on to he was wounded on July 12, 1944. On Memorial Act. Both of us and many of celebrate their deliverance. our colleagues have long been involved August 19, 2000, Mr. Jaramillo received f the Jubilee Medal of Liberty issued by in efforts to heal the legacy of slavery. the Governor of Normandy, publicly This is the latest incarnation of our de- CORPORATE RESPONSIBILITY recognizing the sacrifice and service of sire to contribute to the healing of our The SPEAKER pro tempore. Pursu- veterans who served in the Normandy Nation. This bill would authorize the ant to the order of the House of Janu- invasion between June 6 and August 31, process for establishing a national ary 23, 2002, the gentleman from New 1944. slave memorial to honor the nameless Mexico (Mr. UDALL) is recognized dur- ‘‘I am very proud to receive this rec- and forgotten men, women and chil- ing morning hour debates for 5 min- ognition and I am thinking about the dren who were slaves. It will hopefully utes. men who went to France and never re- enjoy a position of prominence in the Mr. UDALL of New Mexico. Mr. turned,’’ said Jaramillo in his accept- shadow of the Lincoln Memorial. Speaker, it seems like every day we ance remarks. Upon his honorable dis- Papa Stewart, a former slave, once hear a new story of executives who charge in 1946, Jaramillo returned to said, ‘‘I want you to promise me that misled their investors and their work- his home in New Mexico. In 1947 he you’re going to tell all the children my ers and stole millions of dollars. These married Jennie Vallejos, a friend of his story.’’ This is a conjecture, but I be- executives are called irresponsible. two sisters, Sally and Aurora, and to- lieve that what Papa Stewart is asking They are accused of mismanagement or gether they raised four daughters and for is not that the children be told just unorthodox business practices. But two sons: Ida May, Pete Jr., Maria so that the horrors of slavery could be these corporate leaders are not unor- Rita, Maria Leonella (Nellie), David, avoided in the future, but I also believe thodox. They are criminals, plain and and Lynda. He also had four grand- he was earnestly asking for the rec- simple. They have stolen more money children: Eddie Jaramillo, Jason ognition of the humanity of these indi- than any thieves I have ever heard of, Griego, and Billy and Selena viduals. We need to believe that there and their crimes have real victims. The Manzanares. is something more meaningful than victims of these corporate crimes are He was a good provider, devoted fa- just our physical being. He is asking workers like the workers at Enron who ther, grandfather and son-in-law. that this story, their humanity, be val- just wanted an honest job with a fair Jaramillo served as a surrogate father ued and told. In the telling of his story, expectation of job security. For all to numerous nieces and nephews, pro- we communicate our respect, our com- their hard work, these workers got 10 viding guidance and support. In 1980, passion and sensitivity to it. Papa minutes to clear out their desks. In

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.005 pfrm12 PsN: H09PT1 H4356 CONGRESSIONAL RECORD — HOUSE July 9, 2002 some cases they were even denied their If I poisoned hundreds of thousands of at CVS, a local pharmacy, not to do a severance packages if they refused to my fellow citizens in order to enrich plug for the pharmacy, but you can get sign documents giving up the right to myself and my friends, I would prob- them anywhere you want, they are Dr. sue Enron for defrauding them. ably go to jail for the rest of my life. If, Scholl’s, these were $16. They look Defrauding workers and forcing them however, Haliburton spills oil all over a state of the art. They have all kinds of to give up their legal rights is not irre- pristine area, ruining the land and descriptions on them, a strong heel sponsibility; it is a crime. Even work- making local residents sick, they do pad. ers who never had anything to do with not even have to pay to clean it up. I am not an orthopedic surgeon; I am Enron were hurt by the collapse of that The taxpayer gets the bill. not a podiatrist. I am a simple average company. As Enron declared bank- Even after the collapse of Enron and person who had my own business in ruptcy, public employees in 30 States the exposure of billions in fake earn- Florida, and I know how to compara- lost anywhere from $1.5 billion to $10 ings at WorldCom, this administration tive shop. I think we all do. But this is billion from their pension plans. Steal- and many in Congress are working to outrageous. If Medicare paid that ing money from public employee pen- protect their corporate patrons from amount for the $16, we would have sion plans is not irresponsibility; it is a any real accountability. The Oxley ac- saved substantially. She would have crime. counting bill, which the House passed been thrilled and delighted. That is Even those of us who had absolutely on April 24, does nothing to protect why she brought it to my attention, be- nothing to do with the Enrons or against corporate abuse and bring back cause she felt as a senior citizen, talk- WorldComs of the world are hurt by public confidence in corporate governing about Medicare and the need for corporate crime. The unethical behav- ance. In some cases, the bill even prescription drugs, that we will never ior of executives at WorldCom, which makes it more difficult to enforce au- be able to solve the problems inherent was recently forced to admit it had in- diting regulations. In its most glaring in Medicare if we do not get our acts vented $3.8 billion in earnings, has had failure, this bill leaves the wolf in together and start finding ways to prevent these kinds of horrific over- a devastating effect on the company’s charge of the henhouse by ensuring expenditures of the Federal Govern- stock price. But the stock market as a that no independent agency has any whole has also suffered from the lack ment. power to effectively police. But why do they do it? Let us ask the of confidence created by widespread I have full confidence this Congress basic question. Why did people charge corporate abuse. Less than 3 percent of and this administration can work to- such an outrageous sum of money for all publicly traded companies misstate gether to prevent future Enrons and fu- these, what I will call, rather inad- their earnings, but this small group ture WorldComs, and I look forward to equate inserts? Because Congress told casts doubt on the statements of other working with Members on both sides of them to. We wrote into the statute more ethical businesses. the aisle to make sure that we have A free market system cannot func- what price should be paid for these corporate ethical governance in this products, assuming at the time that tion if investors do not trust execu- country. the only available insert was custom tives; and, therefore, the crimes of f made. Now that off-the-shelves are WorldCom and Enron are crimes not MEDICARE available, Medicare is stuck. only against stockholders but against In today’s Washington Post, there is The SPEAKER pro tempore. Pursu- the very system that allowed these an article talking about the rising cost ant to the order of the House of Janu- companies to flourish. Ask not for of health care and the choices many ary 23, 2002, the gentleman from Flor- whom the bell tolls, corporate Amer- employers, including the government, ida (Mr. FOLEY) is recognized during ica, it tolls for thee. But this talk of will have to make if these sky- corporate crime obscures the real morning hour debates for 5 minutes. rocketing costs are not placed under Mr. FOLEY. Mr. Speaker, several crime that has taken place in this some control. Two weeks ago, Congress weeks ago a constituent of mine ap- country. began to address this problem when we proached me to complain about her The crime of Enron, like so many passed H.R. 4954, the Medicare Mod- Medicare bill. I assumed this would be other corrupt corporations, is not that ernization and Prescription Drug Act they broke the rules; it is that they a typical complaint about either how of 2002. However, we need to do more. wrote the rules. On everything from much she was paying for premiums or We need to look at the entire Medicare energy regulation to tax policy, Enron how much she paid for services. Boy, program from top to bottom and allow and its fellow energy companies got was I wrong. Her complaint was worse. the marketplace, not Congress, to de- the best laws money can buy. Enron re- She was concerned not about her cost termine prices. The only way we can ceived a $254 million check, courtesy of but about how much Medicare was pay- save both the Medicare program and the American taxpayer, when the Bush ing for a particular product she uses. our health care system in general is to administration changed the rules gov- As a diabetic, she is required to wear stay out of the business of setting erning the corporate alternative min- special shoes that need shoe inserts. At prices and establishing controls. imum tax. Because with this deficit- one time, the only type of insert avail- I look forward to working with laden budget, corporate tax cuts come able was custom made. However, with Chairman THOMAS and others as we directly from the Social Security trust the wide use of these products, coupled continue to debate this very important fund, this was the legal equivalent to with advancements in technology, issue. The Republicans, when we pro- picking the pockets of senior citizens many of these inserts are now available posed prescription drug coverage, we in order to pad the pockets of cor- off the shelf which are the ones that recognized that within Medicare, for porate executives. Enron also was al- she gets for herself. its solvency, we needed to do more and lowed to vet candidates for the chair- Looking at her bill, I found that should be able to do more to provide manship of the Federal Energy Regu- Medicare was paying, on average, $50 a for these benefits for our constituents, latory Commission, the Nation’s num- pair for these inserts. This is the in- our seniors, and do so without robbing ber one energy watchdog. sert, a simple Styrofoam insert. The and causing taxes to have to be in- Furthermore, companies like Enron shoes she is required to wear are $134. creased on existing working Ameri- and Haliburton are the intended bene- The inserts for the shoe, over $50 cans. If we continue down this path and ficiaries of policies from the opening of apiece. She is required to pay a portion allow this kind of ripoff to take place, the Arctic National Wildlife Refuge to of that and Medicare reimburses, for if we allow an insert to be over $60 a the annihilation of the Superfund trust three sets of diabetic shoe density in- pair paid for by the Federal Govern- fund, which was supposed to ensure serts, $190. $190 for these inserts. In ment, then we will be walking away that corporate polluters paid some total, the provider was getting over $50 from our responsibilities to our sen- share of the cost of cleaning up their per pair for simple inserts. If you go to iors, we will bankrupt Medicare, and mess. The Superfund example gives us the local pharmacy or grocery store, we will cause significant disparity for an especially revealing look at how you will discover that these off-the- seniors. corporate campaign contributors are shelf orthodontics cost only about $10. We believe we have an answer, but we treated by their friends in government. Even these inserts, which I purchased believe we have to act now. There is no

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.006 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4357 way anyone can explain to me and give systemic problems. We hope that we egon (Mr. DEFAZIO) is recognized dur- me comfort about these charges and have new leadership at that helm. ing morning hour debates for 5 min- make me believe this is a legitimate ex- Second, I am convinced Teddy Roo- utes. pense of the Federal Government. Yes, sevelt would impose the sternest crimi- Mr. DEFAZIO. Mr. Speaker, we are she needs insoles; but at $16 versus nal sanctions on the corporate people waiting now and in about 15 minutes about $50-plus, I think we can find a and accountants who failed to abide by the President will give a speech where way to not only make her walk com- their responsibilities, who consciously, he is expected to address the corporate fortably but save the Federal Govern- intentionally defraud investors. I am meltdown, where millions of Ameri- ment a ton of money. Therein lies the confident the President will call for cans have been defrauded of their stock opportunity to provide a prescription jail time for these scofflaws. But we holdings and their 401(k)s, thousands drug coverage for our seniors who need need more than simply maximum have lost their jobs and a few have it. times in jail. We need minimum times profited mightily. The President says f in jail. Here is the reason I say that. he wants to get tough. We are going to We need mandatory jail times for these hear a lot of talk about watchdogs and CORPORATE GOVERNANCE flimflam artists. The reason is that all teeth and enforcement and maybe put- The SPEAKER pro tempore. Pursu- too often in white collar crime, these ting some people in jail. Maybe. Prob- ant to the order of the House of Janu- white collar criminals go up to the ably not. ary 23, 2002, the gentleman from Wash- judge and says, he was a good man, he But the real question is, is he seri- ington (Mr. INSLEE) is recognized dur- belonged to a great country club, he ous? Until recently, of course, the ing morning hour debates for 5 min- gave money to charity and they do not President and Vice President CHENEY utes. see the inside of a penitentiary. If you had been touting their corporate expe- Mr. INSLEE. Mr. Speaker, I sat in sell 50 grams of crack cocaine, you get rience and ties. Mr. Lay of Enron fame with the Financial Services Committee 10 years mandatory, no ifs, ands, or was called Ken Boy and was given un- at our WorldCom hearing yesterday; buts. It ought to be the same rule for limited access to the White House and and if you heard a sense of outrage these people who have destroyed the the Oval Office. He is persona non from the Members on both sides of the retirement incomes of thousands of grata now, perhaps. But are they seri- aisle, it mirrored the outrage of the Americans. The President should do no ous? Unfortunately, the early indica- American public who have seen their less than mandatory minimum jail tions are the President is not serious, savings go down the drain while there times. but he is covering his political butt. has been so much malfeasance in the Third, it is not just that we have peo- That is because he is saying the SEC, accounting and auditing practices in ple breaking the rules; we do not have which of course until recently he had our corporate boardrooms. It is very the right rules in our accountancy and stiffed in his budget, the Securities and disturbing because this has created a auditing system. We need new rules. So Exchange Commission, the official substantial lack of confidence in our the third thing we should do is we need watchdog of the United States of capital markets system. It is clear that to divorce the consulting aspects of ac- America over corporate malfeasance, we have a very systemic problem we counting from the auditing aspects of which has been dramatically under- have got to fix. It seems to me that accounting. funded, yet the President proposed in this is a time for action that Teddy Mr. Speaker, I have sat through, I his budget to not increase their fund- Roosevelt would have taken. Teddy think now, 12 hearings about these dis- ing, in fact give them a zero budget in- Roosevelt did not say, Speak loudly asters. The one thing they almost all crease. Now he is going to propose a and carry a small twig. He put it a dif- have in common is the people who are budget increase. That is good; so ferent way. So today when the Presi- supposed to be auditing these corpora- maybe he is serious. dent addresses the Nation and Wall tions were also making millions of dol- But then he goes on to say the head Street about how we are going to work lars providing the same corporations of the SEC is doing a great job. This ourselves out of this terrible situation, they are supposed to be riding herd on, guy’s name is Harvey Pitt. Harvey Pitt I hope that he will be guided much providing them consulting advice. We represented most of the firms and the more by Teddy Roosevelt and much found that this creates just too many individuals who are now taking the less by Calvin Coolidge. What I mean disincentives for rigorous auditing. At fifth amendment before Congress. In by that is we need him not just to a minimum, at an absolute minimum, fact, in a recent action before the Secu- speak loudly, which I am very con- we should require the auditing com- rities and Exchange Commission, the fident he will do, we need him to act mittee to agree to those multiple con- toothless watchdog that we have on with great fervor. We need action, not tracts before they allow people to pro- guard, headed by Mr. Pitt, appointed just language. vide those two services. This is a sys- by Mr. Bush, who Mr. Bush says he has Today I would suggest that a Teddy temic problem, and it is something we utmost confidence in, found, this is Roosevelt approach to this problem have got to fix. amazing, actually found that a firm, would involve six separate actions, not Fourth, we need an independent pub- Ernst & Young, had violated its duty to just speeches. We hope that the Presi- lic accountancy board. It is important remain independent from companies it dent will join us in the Democratic that it be independent. It needs to be audits. That is good. Party who propose these actions. independent of the organizations that But guess what? The finding which First, I think Teddy Roosevelt would it regulates. We need that quickly. would ultimately in fact have involved be getting America a new director of Five, we need CEOs to have to certify a substantial fine was thrown out by an the Securities and Exchange Commis- their financial records so that they are administrative law judge. Why? Be- sion. The present director of that orga- personally responsible. cause the facts were not right? No. Be- nization, Mr. Harvey Pitt, is a man of And, sixth, and this is very impor- cause they had not committed the mal- great intelligence; but America needs tant, Mr. Speaker, we need stock ana- feasance? No. Because Mr. Pitt is so more than that. America needs an lyst independence, independent from conflicted that he could not vote and agent of change at the helm of the Se- the investment banking side. also Cynthia Glassman, the other SEC curities and Exchange Commission. We Mr. Speaker, I am confident Teddy commissioner, was not allowed to vote, cannot have a leader of the Securities Roosevelt would take all six of these either, because they both had intimate and Exchange Commission that we steps today. I hope the President will ties with this firm. They had rep- have to drag kicking and screaming do so. America deserves no less. resented them, worked with them; and every time that we need to do some f when they leave their so-called public modest, commonsense regulation of the service, they will represent them again industries that Mr. Pitt used to rep- PRESIDENT TO ADDRESS NATION as $500- or $1,000-an-hour lawyers. resent and work for. Unfortunately, ON CORPORATE GOVERNANCE So this company got off the hook be- Mr. Speaker, Mr. Pitt has drug his feet The SPEAKER pro tempore. Pursu- cause only one commissioner, the one time and time again to take even the ant to the order of the House of Janu- appointed by President Clinton, could most modest efforts to deal with these ary 23, 2002, the gentleman from Or- vote. The judge said, There were three

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.007 pfrm12 PsN: H09PT1 H4358 CONGRESSIONAL RECORD — HOUSE July 9, 2002 of you there and only one of you voted. tion of the birth of this Nation 226 Adopted: June 26, 2002. I’m throwing out the judgment against years ago renew all hearts in the same Attest: Don Young, Chairman. Ernst & Young. This is the watchdog spirit that guided the signers of the RESOLUTION (DOCKET 2685) that the President has ultimate con- Declaration of Independence and the OCONTO HARBOR, WISCONSIN fidence in, a man who is so conflicted Framers of this country’s Constitution. Resolved by the Committee on Transportation from his previous work, who rep- May their goals and purposes still and Infrastructure of the United States House resented many of these same securities serve and guide every informed deci- of Representatives, That the Secretary of the firms, many of these same accounting sion here today and across this Nation. Army is requested to review the report of the firms, many of these same corporations ‘‘Let us, the people of the United Chief of Engineers on the Oconto Harbor, and CEOs, he is so conflicted that when States, in order to form a more perfect Wisconsin, published as House Document 538, he was asked recently was it not a con- union, establish justice, ensure domes- 61st Congress, 2nd Session, and other perti- flict of interest for him to meet with tic tranquility, provide for the common nent reports, to determine whether modifica- some officials from Xerox while there defense, promote the general welfare, tions to the recommendations contained therein are advisable in the interest of navi- was an ongoing investigation, this is and secure the blessings of liberty for gation improvements to Oconto Harbor, Wis- Harvey Pitt, our watchdog, our public ourselves and our posterity.’’ Amen. consin, to include extension of navigation servant. He said, If I recuse myself f channel up the Oconto River for use by shal- from meeting with everybody who I low draft craft. THE JOURNAL had represented or had personal rela- Adopted: June 26, 2002. tionships with, I wouldn’t be able to The SPEAKER pro tempore. The Attest: Don Young, Chairman. Chair has examined the Journal of the meet with anybody. That is the man in RESOLUTION (DOCKET 2686) last day’s proceedings and announces whom President Bush is supposedly MILLIKEN-SACRO-TULOCAY BASIN, CALIFORNIA to the House his approval thereof. going to invest more authority to in- Resolved by the Committee on Transportation vestigate and prosecute, a man who Pursuant to clause 1, rule I, the Jour- and Infrastructure of the United States House just came from representing these peo- nal stands approved. of Representatives, That the Secretary of the ple and as soon as he is done with his f Army is requested to review the report of the Chief of Engineers on the Napa River Basin, public service will return to rep- PLEDGE OF ALLEGIANCE resenting these same miscreants. California, published as House Document 222, This certainly does not give me a The SPEAKER pro tempore. Will the Eighty-ninth Congress, First Session, to de- great deal of confidence in the inde- gentleman from Nevada (Mr. GIBBONS) termine whether modifications of the recommendations contained therein are advis- pendent role and the aggressive role of come forward and lead the House in the Pledge of Allegiance. able in the interest of ecological recovery of the Securities and Exchange Commis- the Milliken-Sacro-Tulocay groundwater sion; and it does not give me a great Mr. GIBBONS led the Pledge of Alle- basin, environmental restoration and protec- deal of confidence that the President is giance as follows: tion of the Milliken-Sacro-Tulocay basin really serious about what he is doing I pledge allegiance to the Flag of the streams and Napa River, as well as flood here. Certainly there is a lot of polit- United States of America, and to the Repub- damage reduction and other purposes. ical butt to be covered. Yes, he is doing lic for which it stands, one nation under God, Adopted: June 26, 2002. indivisible, with liberty and justice for all. Attest: Don Young, Chairman. a good job of that. But will he get seri- f ous? If he does not announce that he is RESOLUTION (DOCKET 2687) removing Mr. Pitt, that he is going to COMMUNICATION FROM CHAIRMAN LOWER WILLAMETTE RIVER WATERSHED, have people who do not have conflicts OF COMMITTEE ON TRANSPOR- OREGON of interest in charge of investigating TATION AND INFRASTRUCTURE Resolved by the Committee on Transportation and prosecuting these companies, peo- The SPEAKER pro tempore laid be- and Infrastructure of the United States House ple who could actually vote to pros- of Representatives, That the Secretary of the fore the House the following commu- Army is requested to review the report of the ecute, who would not have to recuse nication from the chairman of the themselves because of those conflicts, Chief of Engineers on the Columbia and Committee on Transportation and In- Lower Willamette Rivers below Vancouver, then we will know he is serious. In 10 frastructure; which was read and, with- Washington, and Portland, Oregon published minutes we will hear. out objection, referred to the Com- as House Document Number 452, 87th Con- f mittee on Appropriations: gress, 2nd Session, and other pertinent reports, to determine the feasibility of pro- HOUSE OF REPRESENTATIVES, COM- RECESS viding ecosystem restoration measures in MITTEE ON TRANSPORTATION AND the Lower Willamette River watershed from The SPEAKER pro tempore. Pursu- INFRASTRUCTURE, the Willamette Locks to confluence of the ant to clause 12 of rule I, the Chair de- Washington, DC, June 27, 2002. Willamette River with the Columbia River clares the House in recess until noon Hon. J. DENNIS HASTERT, through the development of a comprehensive Speaker of the House, Capitol, Washington, DC. today. restoration strategy development in close DEAR MR. SPEAKER: Enclosed are copies of Accordingly (at 11 o’clock and 18 coordination with the City of Portland, Port resolutions adopted on June 26, 2002 by the minutes a.m.), the House stood in re- of Portland, the State of Oregon, local gov- Committee on Transportation and Infra- cess until noon. ernments and organizations, Tribal Nations structure. Copies of the resolutions are being f and other Federal agencies. transmitted to the Department of the Army. Adopted: June 26, 2002. b 1200 Sincerely, Attest: Don Young, Chairman. DON YOUNG, AFTER RECESS Chairman. RESOLUTION (DOCKET 2688) Enclosures. The recess having expired, the House MISSISSIPPI RIVER PROJECTS, ILLINOIS AND MISSOURI was called to order by the Speaker pro RESOLUTION (DOCKET 2684) tempore (Mr. ISAKSON) at noon. Resolved by the Committee on Transportation BIG SUAMICO RIVER, WISCONSIN and Infrastructure of the United States House f Resolved by the Committee on Transportation of Representatives, That the Secretary of the PRAYER and Infrastructure of the United States House Army is requested to review the report of the of Representatives, That the Secretary of the Chief of Engineers on the Mississippi River The Chaplain, the Reverend Daniel P. Army is requested to review the report of the between Coon Rapids Dam, Minnesota, and Coughlin, offered the following prayer: Chief of Engineers on the Big Suamico River, the Mouth of the Ohio River, published as Lord our God, protect us and guide us Wisconsin, published as House Document 498, House Document 669, 76th Congress, 3rd Ses- as a free people who turn to You in 74th Congress, 2nd Session, and other perti- sion, and other pertinent reports, to deter- faith and prayer and who strive to grow nent reports, to determine whether modifica- mine whether modifications of the rec- in virtue and integrity. At this time of tions to the recommendations contained ommendations contained therein are advis- therein are advisable in the interest of navi- able in the interest of environmental res- cultural, economic and social change, gation improvements to Big Suamico River, toration and protection, aquatic habitat res- be with the Members of the House of Wisconsin, to include extension of naviga- toration, regional trails and greenways, pub- Representatives in all their under- tion channel up the Big Suamico River for lic access, water quality, recreation and re- takings today. May the recent celebra- use by shallow draft craft. lated purposes along the Mississippi River

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.009 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4359 and its tributaries and particular reference minute and to revise and extend his re- dress the House for 1 minute and to re- to that area in Madison and St. Clair Coun- marks.) vise and extend his remarks.) ties, Illinois, and St. Louis City, St. Louis Mr. GIBBONS. Mr. Speaker, since the Mr. WILSON of South Carolina. Mr. County, and St. Charles County, Missouri. Gulf War, our pilots have been patrol- Speaker, on September 11 terrorists Adopted: June 26, 2002. ling the skies over Iraq, trying to keep took over commercial flights by using Attest: Don Young, Chairman. Saddam Hussein contained and in only box cutters. No one would have There was no objection. check. On June 26 of this year, Iraqi known their evil intent, but now we f forces fired an antiaircraft missile at have an opportunity to stop and deter our aircraft. We responded, of course, RECOGNIZING AMERICAN GOLD future hijackings and acts of terror by by shooting back and defending our- STAR MOTHERS arming our pilots. selves against this aggression. The gentleman from Alaska (Mr. (Ms. ROS-LEHTINEN asked and was Yet Saddam Hussein is much more YOUNG), the Committee on Transpor- given permission to address the House than an enemy that regularly tries to tation and Infrastructure chairman, for 1 minute and to revise and extend kill or capture American pilots. The and the gentleman from Florida (Mr. her remarks.) country Iraq is currently a significant MICA), the Subcommittee on Aviation Ms. ROS-LEHTINEN. Mr. Speaker, part of the American economy by pro- chairman, offered a common sense so- today I recognize the American Gold viding us with oil. lution for preventing the passengers Star Mothers and congratulate them In the first quarter of this year, we and crews of commercial flights from for their 65th national convention. I bought $1.2 billion of Iraqi oil, accord- becoming sitting ducks. Their bill, want to send special thanks to my con- ing to the Energy Information Admin- H.R. 4635, Arming Pilots Against Ter- stituent, Georgianna Carter-Krell, the istration. Where do my colleagues rorism, would begin a 2-year test pro- former national president, and Barbara think this money goes? Mr. Speaker, it gram allowing a percentage of the cur- Calfee, the national treasurer, whose goes straight to Saddam Hussein’s gov- rent pilot workforce to be armed and tireless efforts made this convention a ernment, straight to the $25,000 reward trained for proper use. great success. checks he gives to families of each Pal- At least half of the Nation’s commer- The American Gold Star Mothers is estinian suicide bomber. cial airline pilots have military or law an organization of women who have We import nearly a million barrels a enforcement backgrounds and are high- lost a son or daughter while in the day from this madman. More than 10 ly skilled and trained in self-defense. service of our country. They are com- percent of our oil imports come from We trust pilots daily with our lives op- Iraq, and yet Saddam Hussein still passionate, loyal women who channel erating high-tech aircraft. I know we would like nothing more than a downed their grief and sorrow into healing oth- can depend on their competence as American pilot to show the world. ers through their many hours of volun- armed protection. It is time our energy policy got in I urge my colleagues to vote yes on teer service for veterans and their fam- line with our foreign policy. It is time ilies. H.R. 4635 and give our pilots a fighting to reduce our dependency on foreign chance to protect innocent civilians I commend them for their hard work oil. Mr. Speaker, if it is worth fighting from murderous terrorists. and dedication in helping those who for over there, it is worth exploring for were injured in the service of our coun- here at home. f try and also for their sincere efforts to f NOT MUCH SOLACE IN instill and inspire the ideals of patriot- PRESIDENT’S WORDS ism and love throughout our Nation. HONESTY AND INTEGRITY IN AMERICAN CORPORATIONS (Mr. DEFAZIO asked and was given f permission to address the House for 1 (Mr. MENENDEZ asked and was minute.) PATRIOTIC PRAYERS IN SANTA given permission to address the House Mr. DEFAZIO. Mr. Speaker, the ANA for 1 minute and to revise and extend President has spoken and I do not take, (Ms. SANCHEZ asked and was given his remarks.) unfortunately, much solace in what he permission to address the House for 1 Mr. MENENDEZ. Mr. Speaker, people had to say. He talked about a lot of minute and to revise and extend her re- who rob and steal other people’s money voluntary reforms on Wall Street. He marks.) while sitting behind a desk in a corner talked about the fact he has been wait- Ms. SANCHEZ. Mr. Speaker, today I office, wearing an expensive business ing for months for a little bit of money rise to commend Pastor Bob Orr and suit, are no better than the common from Congress for the SEC. Yet he de- the congregation of the First Baptist thief, burglar or pickpocket on the nied his own toothless watchdog, Har- Church in Santa Ana for their proud street, and they may be worse because vey Pitt, the head of the Securities and display of patriotism on July 7, this those who committed fraud at Enron, Exchange Commission, $91 million just past Sunday. During their second an- WorldCom and Arthur Andersen have had every advantage and every oppor- 3 months ago. nual picnic and barbecue to honor The President is born again into those who served in the military, those tunity our great Nation has to offer. Instead of giving something back to wanting to do something politically in attendance could be seen clutching about the problem we have, but not their Bibles as they sang patriotic the Nation that has given them so much, they stole, they robbed, they really deal with the problems on Wall songs like the Battle Hymn of the Re- cheated, they defrauded. They hurt Street because that will offend some public under eight United States flags workers and families who depend on very powerful and very wealthy people, that once had lain on the coffins of vet- every paycheck and every investment no matter how ill-gotten their gains. erans of war. they made. They hurt seniors whose re- The fox is still guarding the hen- What a wonderful display of national tirement savings were devalued. house and the President did not offer pride, Americans from different races Mr. Speaker, free enterprise is part of us anything today except political and different cultures coming together our genius but so is honesty and integ- rhetoric. at a church to celebrate the lives of rity. So is honesty and integrity. It is f those who fought to defend our coun- time we start demanding those quali- try’s freedom. The congregation of ties from those who run and manage HONORING CORPORAL KENNETH First Baptist has demonstrated to all our businesses and from those who are JOHNSON Americans that regardless of religious supposed to enforce our laws, and for (Mr. BROWN of South Carolina asked beliefs, we are all united under one those who break that trust, the penalty and was given permission to address flag, representing one Nation under should be equal to the enormous dam- the House for 1 minute and to revise God, indivisible. age they cause. and extend his remarks.) Mr. BROWN of South Carolina. Mr. f f Speaker, I rise today with a heavy U.S. FORCES BOMB IRAQ AGAIN GIVE PILOTS A FIGHTING CHANCE heart to honor Corporal Kenneth John- (Mr. GIBBONS asked and was given (Mr. WILSON of South Carolina son of the South Carolina Highway Pa- permission to address the House for 1 asked and was given permission to ad- trol. Last Sunday morning, around 2:15

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.003 pfrm12 PsN: H09PT1 H4360 CONGRESSIONAL RECORD — HOUSE July 9, 2002 a.m., Corporal Johnson was murdered ANNOUNCEMENT BY THE SPEAKER fettered by previous work for this in- in cold blood at a traffic checkpoint at PRO TEMPORE dustry that he attempts to regulate. College Park Road near Goose Creek. The SPEAKER pro tempore (Mr. Mr. Pitt has had to recuse himself, I Mr. Johnson, a 12-year veteran of the ISAKSON). The Chair would remind the think about 25 times, because people highway patrol, leaves behind a wife, a Members that remarks in debate before him have been his former cli- 13-year-old son and a 7-year-old daugh- should be directed to the Chair and not ents. ter. We need a full-time, not a part-time Kenneth Johnson was one of our Na- to other individuals in the second person. SEC director. We urge the President to tion’s best, risking his life day in and take action rather than just give day out to preserve the peace and free- f speeches and to get us a new sheriff in dom that we often take for granted. He DO NOT TURN DEPARTMENT OF town at the SEC. was a true American hero who gave his DEFENSE INTO THE WAR DE- f life for his country. PARTMENT Our prayers go out to his wife and PRESIDENT SOUNDS CLARION, children. They have lost a strong hus- (Mr. DUNCAN asked and was given MORAL CALL FOR CORPORATE band and father. In the last few days, permission to address the House for 1 RESPONSIBILITY the citizens of Moncks Corner have minute and to revise and extend his re- (Mr. PENCE asked and was given per- come together to take care of them in marks.) mission to address the House for 1 their time of greatest need, but they Mr. DUNCAN. Mr. Speaker, national minute and to revise and extend his re- will need our help for longer than a few defense is one of the most important marks.) weeks. and one of the most legitimate func- Mr. PENCE. Mr. Speaker, President We all need to reach out to Kenneth tions of our national government. Calvin Coolidge said the business of Johnson’s fellow law enforcement offi- Serving in our Nation’s Armed Forces America is business. But Coolidge was cers. It has been a tough week for them is certainly one of the most honorable a moralist, and he meant not that as well. I hope we come away from this ways a person can serve this country. America is dependent on the almighty tragedy with a renewed sense of the And because of our pride in being con- dollar but that the business of America debt we owe to our law enforcement of- sidered a peace-loving Nation, we is dependent on the integrity and the ficers and with a renewed intolerance changed the name of the War Depart- character of the people who lead our for the cruelty of someone who would ment many years ago to the Depart- enterprise. end a life for one of South Carolina’s ment of Defense. Today, our President sounded a clar- best citizens. Now, however, most of our leaders in ion, moral call for corporate responsi- f both parties, people for whom I have bility. Corporate and accounting mal- great respect, seem to be eager to go to APPOINT WATCHDOG INSTEAD OF feasance at companies like Enron, war against Iraq. We should not be LAPDOG WorldCom, Merck, and Arthur Ander- eager to go to war against any country, sen all argue that this need for reform (Mr. GEORGE MILLER of California and especially against one that has not asked and was given permission to ad- is urgent. As the President said, busi- attacked us or even threatened to at- ness leaders who defraud shareholders dress the House for 1 minute and to re- tack us. We cannot use the terrible vise and extend his remarks.) should go to jail. As the President said, tragedies of September 11 to justify it, business leaders must accept personal Mr. GEORGE MILLER of California. because Saudi Arabia had much more Mr. Speaker, Members of the House, responsibility for financial statements to do with those events than Iraq did, and be barred from serving on cor- every day the people we represent re- and we still consider Saudi Arabia to ceive devastating news from the results porate boards when they, even uninten- be one of our allies. tionally, fail in that regard. of the action of the Enrons, the Tycos, We are already spending mega bil- the Arthur Andersens, the WorldComs Mr. Speaker, the reality is, the 1990s lions to increase our security. We do was not a decade where people in power and the Merck Pharmaceuticals. not need to go against our military They receive devastating news as em- were held accountable for their self- traditions and spend billions more on serving decisions. Let us follow Presi- ployees when they are laid off, as pen- an unnecessary war unless Iraq threat- sioners when they see that their retire- dent George W. Bush’s clarion call and ens to, or does, take some type of ac- make this decade a time again when we ment is no longer secure, and as share- tion against us. We do not need to turn holders as they see that their net recognize in the law and in reform and the Department of Defense into the in regulation that righteousness exalts worth has gone down. It has gone down War Department once again. because of slipshod accounting, illegal a nation. activities, bias portfolio management, f f hundreds of millions of dollars in in- SEC NEEDS FULL-TIME, NOT CORPORATE FRAUD sider unsecured loans and tens of mil- PART-TIME CHAIRMAN lions of dollars in golden parachutes (Mr. BROWN of Ohio asked and was (Mr. INSLEE asked and was given for the economic elite in the corner of- given permission to address the House permission to address the House for 1 fices. Nothing for the employees, noth- for 1 minute and to revise and extend minute and to revise and extend his re- ing for the pensioners, and nothing for his remarks.) marks.) the shareholders. Mr. BROWN of Ohio. Mr. Speaker, Mr. INSLEE. Mr. Speaker, we appre- today, President Bush gave a major b 1215 ciate the President’s talking about this speech on corporate responsibility. He Mr. President, this is not going to be devastating loss to Americans’ retire- tells us he is going to get tough on solved by having the markets volun- ment incomes, but if he really wants to those who have misled and defrauded tarily clean themselves up. You ap- be a reformer with results, he has to shareholders in violation of Federal pointed Harvey Pitt. You appointed get a new sheriff in town. He has to get law. Harvey Pitt as the lapdog of the indus- a new chair of the Securities and Ex- This could be a tough sell, consid- try, as a defender of the industry. What change Commission. ering the President’s own record as a America needs is a watchdog. You are We know Mr. Pitt is a man of intel- businessman. Yesterday, the President not going to be able to take a lapdog ligence, but we cannot put up with an was still trying to explain why, in vio- and turn him into a watchdog. SEC Chair we have to drag kicking and lation of Federal law, he failed to re- Mr. Pitt should leave this office. You screaming every time we want to have port his 1990 sale of $850,000 worth of should appoint somebody who can get some modest, common-sense regula- stock in a Texas-based energy company to the bottom of these scandals and tion of his former clients. just weeks before its value plummeted. protect America’s shareholders, Amer- We need action and we need it now. Earlier he said he thought the regu- ica’s pensioners, and America’s em- The only way we are going to have it is lators lost the documents. Last week, ployees in the future from these kinds if the President asks for Harvey Pitt’s the White House owned up and blamed of scandals. resignation so we can get someone unit on Mr. Bush’s lawyers. Yesterday,

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.013 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4361 President Bush gave maybe the most (H.R. 4481) to amend title 49, United ‘‘(d) STATE AUTHORITY.—If a coordinated plausible explanation. He said, I still States Code, relating to airport project review process is being implemented under haven’t figured it out completely. He streamlining, and for other purposes, this section by the Secretary with respect to hasn’t figured out how he made $850,000 as amended. a project at an airport within the boundaries of a State, the State, consistent with State in a probably illegal stock sale. The Clerk read as follows: law, may choose to participate in such proc- As the President spoke in New York H.R. 4481 ess and provide that all State agencies that today, I thought of the words of a civil Be it enacted by the Senate and House of Rep- have jurisdiction over environmental-related rights leader who said, ‘‘Don’t tell me resentatives of the United States of America in matters that may be affected by the project what you believe. Show me what you Congress assembled, or may be required by law to conduct an en- do; I will tell you what you believe.’’ SECTION 1. SHORT TITLE. vironmental-related review or analysis of This Act may be cited as the ‘‘Airport the project or determine whether to issue an f Streamlining Approval Process Act of 2002’’. environmental-related permit, license, or ap- CORPORATE RESPONSIBILITY SEC. 2. FINDINGS. proval for the project, be subject to the proc- Congress finds that— ess. (Mr. UDALL of Colorado asked and (1) airports play a major role in interstate ‘‘(e) MEMORANDUM OF UNDERSTANDING.— was given permission to address the and foreign commerce; The coordinated review process developed House for 1 minute and to revise and (2) congestion and delays at our Nation’s under this section may be incorporated into extend his remarks.) major airports have a significant negative a memorandum of understanding for a Mr. UDALL of Colorado. Mr. Speak- impact on our Nation’s economy; project between the Secretary and the heads (3) airport capacity enhancement projects of other Federal and State agencies identi- er, it seems that every week we hear fied under subsection (c) with respect to the another story of a corporation cooking at congested airports are a national priority and should be constructed on an expedited project and the airport sponsor. the books, too often with the help of FFECT OF FAILURE TO MEET DEAD- basis; ‘‘(f) E LINE.— accountants who are supposed to be (4) airport capacity enhancement projects ‘‘(1) NOTIFICATION OF CONGRESS AND CEQ.—If protecting investors and the public. must include an environmental review proc- the Secretary determines that a Federal And while they cook the books, they ess that provides local citizenry an oppor- agency, State agency, or airport sponsor burn the American people and the tunity for consideration of and appropriate that is participating in a coordinated review economy suffers. action to address environmental concerns; process under this section with respect to a and Some of those involved say, these are project has not met a deadline established (5) the Federal Aviation Administration, just technical details, or they act like under subsection (b) for the project, the Sec- airport authorities, communities, and other the piano player in the bordello, saying retary shall notify, within 30 days of the date Federal, State, and local government agen- of such determination, the Committee on they did not know what was going on cies must work together to develop a plan, Transportation and Infrastructure of the upstairs. But it is becoming clear that set and honor milestones and deadlines, and House of Representatives, the Committee on many knew all about it and it is noth- work to protect the environment while sus- Commerce, Science, and Transportation of ing but plain, old-fashioned fraud. taining the economic vitality that will re- the Senate, the Council on Environmental Congress needs to clean up this mess sult from the continued growth of aviation. Quality, and the agency or sponsor involved by passing stronger corporate account- SEC. 3. PROMOTION OF NEW RUNWAYS. about the failure to meet the deadline. Section 40104 of title 49, United States ing and pension protection legislation ‘‘(2) AGENCY REPORT.—Not later than 30 than the version the House passed this Code, is amended by adding at the end the days after date of receipt of a notice under spring. Talk is cheap, but the cost to following: paragraph (1), the agency or sponsor involved ‘‘(c) AIRPORT CAPACITY ENHANCEMENT the public has been high, and will be shall submit a report to the Secretary, the PROJECTS AT CONGESTED AIRPORTS.—In car- higher yet if we do not act. Committee on Transportation and Infra- rying out subsection (a), the Administrator structure of the House of Representatives, Corporate CEOs need to be account- shall take action to encourage the construc- able with criminal and financial pen- the Committee on Commerce, Science, and tion of airport capacity enhancement Transportation of the Senate, and the Coun- alties when they falsify financial re- projects at congested airports as those terms cil on Environmental Quality explaining why ports or mislead the public about com- are defined in section 47179.’’. the agency or sponsor did not meet the dead- pany stock. CEOs should not be al- SEC. 4. AIRPORT PROJECT STREAMLINING. line and what actions it intends to take to lowed to sell company stock in an exec- (a) IN GENERAL.—Chapter 471 of title 49, complete or issue the required review, anal- utive plan during a lockdown period United States Code, is amended by inserting ysis, opinion, license, or approval. when the employees are prohibited after section 47153 the following: ‘‘(g) PURPOSE AND NEED.—For any environ- from doing so. ‘‘SUBCHAPTER III—AIRPORT PROJECT mental review, analysis, opinion, permit, li- STREAMLINING cense, or approval that must be issued or We need to set up a strong, inde- ‘‘§ 47171. DOT as lead agency made by a Federal or State agency that is pendent watchdog over the accounting participating in a coordinated review process ‘‘(a) AIRPORT PROJECT REVIEW PROCESS.— industry. For markets to work fairly, under this section with respect to an airport the American public needs the truth. The Secretary of Transportation shall develop and implement a coordinated review capacity enhancement project at a congested Strong legislation is crucial to restor- process for airport capacity enhancement airport and that requires an analysis of pur- ing the truth and trust in corporate projects at congested airports. pose and need for the project, the agency, notwithstanding any other provision of law, America and faith in our markets. ‘‘(b) COORDINATED REVIEWS.—The coordinated review process under this section shall shall be bound by the project purpose and f provide that all environmental reviews, need as defined by the Secretary. analyses, opinions, permits, licenses, and ap- ‘‘(h) ALTERNATIVES ANALYSIS.—The Sec- ANNOUNCEMENT BY THE SPEAKER retary shall determine the reasonable alter- PRO TEMPORE provals that must be issued or made by a Federal agency or airport sponsor for an air- natives to an airport capacity enhancement The SPEAKER pro tempore. Pursu- port capacity enhancement project at a con- project at a congested airport. Any other ant to clause 8 of rule XX, the Chair gested airport will be conducted concur- Federal or State agency that is participating will postpone further proceedings rently, to the maximum extent practicable, in a coordinated review process under this section with respect to the project shall con- today on motions to suspend the rules and completed within a time period established by the Secretary, in cooperation with sider only those alternatives to the project on which a recorded vote or the yeas that the Secretary has determined are rea- and nays are ordered, or on which the the agencies identified under subsection (c) with respect to the project. sonable. vote is objected to under clause 6 of ‘‘(i) SOLICITATION AND CONSIDERATION OF ‘‘(c) IDENTIFICATION OF JURISDICTIONAL COMMENTS.—In applying subsections (g) and rule XX. AGENCIES.—With respect to each airport ca- Any record votes on postponed ques- pacity enhancement project at a congested (h), the Secretary shall solicit and consider tions will be taken at the end of legis- airport, the Secretary shall identify, as soon comments from interested persons and gov- lative business today. as practicable, all Federal and State agen- ernmental entities. cies that may have jurisdiction over environ- ‘‘§ 47172. Categorical exclusions f mental-related matters that may be affected ‘‘Not later than 120 days after the date of AIRPORT STREAMLINING by the project or may be required by law to enactment of this section, the Secretary of APPROVAL PROCESS ACT OF 2002 conduct an environmental-related review or Transportation shall develop and publish a analysis of the project or determine whether list of categorical exclusions from the re- Mr. MICA. Mr. Speaker, I move to to issue an environmental-related permit, li- quirement that an environmental assess- suspend the rules and pass the bill cense, or approval for the project. ment or an environmental impact statement

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.017 pfrm12 PsN: H09PT1 H4362 CONGRESSIONAL RECORD — HOUSE July 9, 2002 be prepared under the National Environ- ties and services for which the funds are ac- ‘‘§ 47178. Definitions mental Policy Act of 1969 (42 U.S.C. 4321 et cepted; ‘‘In this subchapter, the following defini- seq.) for projects at airports. ‘‘(2) shall be available for expenditure only tions apply: ‘‘§ 47173. Access restrictions to ease construc- to pay the costs of activities and services for ‘‘(1) AIRPORT SPONSOR.—The term ‘airport tion which the funds are accepted; and sponsor’ has the meaning given the term ‘‘At the request of an airport sponsor for a ‘‘(3) shall remain available until expended. ‘sponsor’ under section 47102. congested airport, the Secretary of Trans- ‘‘(d) MAINTENANCE OF EFFORT.—No funds ‘‘(2) CONGESTED AIRPORT.—The term ‘con- portation may approve a restriction on use may be accepted pursuant to subsection (a), gested airport’ means an airport that ac- of a runway to be constructed at the airport or transferred pursuant to subsection (b), in counted for at least 1 percent of all delayed to minimize potentially significant adverse any fiscal year in which the Federal Avia- aircraft operations in the United States in tion Administration does not allocate at noise impacts from the runway only if the the most recent year for which such data is least the amount it expended in fiscal year Secretary determines that imposition of the available and an airport listed in table 1 of 2002, excluding amounts accepted pursuant restriction— the Federal Aviation Administration’s Air- to section 337 of the Department of Trans- ‘‘(1) is necessary to mitigate those impacts port Capacity Benchmark Report 2001. portation and Related Agencies Appropria- and expedite construction of the runway; IRPORT CAPACITY ENHANCEMENT tions Act, 2002 (115 Stat. 862), for the activi- ‘‘(3) A ‘‘(2) is the most appropriate and a cost-ef- ties described in subsection (a). PROJECT.—The term ‘airport capacity en- fective measure to mitigate those impacts, hancement project’ means— taking into consideration any environmental ‘‘§ 47176. Authorization of appropriations ‘‘(A) a project for construction or exten- tradeoffs associated with the restriction; and ‘‘In addition to the amounts authorized to sion of a runway, including any land acquisi- ‘‘(3) would not adversely affect service to be appropriated under section 106(k), there is tion, taxiway, or safety area associated with small communities, adversely affect safety authorized to be appropriated to the Sec- the runway or runway extension; and or efficiency of the national airspace system, retary of Transportation, out of the Airport ‘‘(B) such other airport development unjustly discriminate against any class of and Airway Trust Fund established under projects as the Secretary may designate as user of the airport, or impose an undue bur- section 9502 of the Internal Revenue Code of facilitating a reduction in air traffic conges- 1986 (26 U.S.C. 9502), $2,100,000 for fiscal year den on interstate or foreign commerce. tion and delays.’’. 2003 and $4,200,000 for each fiscal year there- (b) CONFORMING AMENDMENT.—The analysis ‘‘§ 47174. Airport revenue to pay for mitiga- after to facilitate the timely processing, re- for chapter 471 of such title is amended by tion view, and completion of environmental ac- adding at the end the following: ‘‘(a) IN GENERAL.—Notwithstanding section tivities associated with airport capacity en- 47107(b), section 47133, or any other provision hancement projects at congested airports. ‘‘SUBCHAPTER III—AIRPORT PROJECT of this title, the Secretary of Transportation ‘‘§ 47177. Judicial review STREAMLINING may allow an airport sponsor carrying out ‘‘(a) FILING AND VENUE.—A person dis- ‘‘47171. DOT as lead agency. an airport capacity enhancement project at closing a substantial interest in an order ‘‘47172. Categorical exclusions. a congested airport to make payments, out issued by the Secretary of Transportation or ‘‘47173. Access restrictions to ease construc- of revenues generated at the airport (includ- the head of any other Federal agency under tion. ing local taxes on aviation fuel), for meas- this part or a person or agency relying on ‘‘47174. Airport revenue to pay for mitiga- ures to mitigate the environmental impacts any determination made under this part may tion. of the project if the Secretary finds that— apply for review of the order by filing a peti- ‘‘47175. Airport funding of FAA staff. ‘‘(1) the mitigation measures are included tion for review in the United States Court of ‘‘47176. Authorization of appropriations. as part of, or are consistent with, the pre- Appeals for the District of Columbia Circuit ‘‘47177. Judicial review. ferred alternative for the project in the docu- or in the court of appeals of the United ‘‘47178. Definitions.’’. mentation prepared pursuant to the National States for the circuit in which the person re- SEC. 5. GOVERNOR’S CERTIFICATE. Environmental Policy Act of 1969 (42 U.S.C. sides or has its principal place of business. Section 47106(c) of title 49, United States 4321 et seq.); The petition must be filed not later than 60 Code, is amended— ‘‘(2) the use of such revenues will provide a days after the order is issued. The court may (1) in paragraph (1)— significant incentive for, or remove an im- allow the petition to be filed after the 60th (A) by inserting ‘‘and’’ after the semicolon pediment to, approval of the project by a day only if there are reasonable grounds for at the end of subparagraph (A)(ii); State or local government; and not filing by the 60th day. (B) by striking subparagraph (B); and ‘‘(3) the cost of the mitigation measures is ‘‘(b) JUDICIAL PROCEDURES.—When a peti- (C) by redesignating subparagraph (C) as reasonable in relation to the mitigation that tion is filed under subsection (a) of this sec- subparagraph (B); will be achieved. tion, the clerk of the court immediately (2) in paragraph (2)(A) by striking ‘‘stage ‘‘(b) MITIGATION OF AIRCRAFT NOISE.—Miti- shall send a copy of the petition to the Sec- 2’’ and inserting ‘‘stage 3’’; gation measures described in subsection (a) retary or the head of any other Federal agen- (3) by striking paragraph (4); and may include the insulation of residential cy involved. The Secretary or the head of (4) by redesignating paragraph (5) as para- buildings and buildings used primarily for such other agency shall file with the court a educational or medical purposes to mitigate record of any proceeding in which the order graph (4). the effects of aircraft noise and the improve- was issued. SEC. 6. CONSTRUCTION OF CERTAIN AIRPORT ment of such buildings as required for the in- ‘‘(c) AUTHORITY OF COURT.—When the peti- CAPACITY PROJECTS. sulation of the buildings under local building tion is sent to the Secretary or the head of Section 47504(c)(2) of title 49, United States codes. any other Federal agency involved, the court Code, is amended— ‘‘§ 47175. Airport funding of FAA staff has exclusive jurisdiction to affirm, amend, (1) by striking ‘‘and’’ at the end of subpara- modify, or set aside any part of the order and graph (C); ‘‘(a) ACCEPTANCE OF SPONSOR-PROVIDED may order the Secretary or the head of such (2) by striking the period at the end of sub- FUNDS.—Notwithstanding any other provi- paragraph (D) and inserting ‘‘; and’’; and sion of law, the Administrator of the Federal other agency to conduct further proceedings. After reasonable notice to the Secretary or (3) by adding at the end the following: Aviation Administration may accept funds the head of such other agency, the court may ‘‘(E) to an airport operator of a congested from an airport sponsor, including funds pro- grant interim relief by staying the order or airport (as defined in section 47178) and a vided to the sponsor under section 47114(c), taking other appropriate action when good unit of local government referred to in para- to hire additional staff or obtain the services cause for its action exists. Findings of fact graph (1)(A) or (1)(B) of this subsection to of consultants in order to facilitate the time- by the Secretary or the head of such other carry out a project to mitigate noise in the ly processing, review, and completion of en- agency are conclusive if supported by sub- area surrounding the airport if the project is vironmental activities associated with an stantial evidence. included as a commitment in a record of de- airport development project. ‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.— ‘‘(b) ADMINISTRATIVE PROVISION.—Instead cision of the Federal Aviation Administra- In reviewing an order of the Secretary or the tion for an airport capacity enhancement of payment from an airport sponsor from head of any other Federal agency under this funds apportioned to the sponsor under sec- project (as defined in section 47178) even if section, the court may consider an objection that airport has not met the requirements of tion 47114, the Administrator, with agree- to the action of the Secretary or the head of ment of the sponsor, may transfer funds that part 150 of title 14, Code of Federal Regula- such other agency only if the objection was tions.’’. would otherwise be apportioned to the spon- made in the proceeding conducted by the sor under section 47114 to the account used Secretary or the head of such other agency SEC. 7. LIMITATIONS. by the Administrator for activities described or if there was a reasonable ground for not Nothing in this Act, including any amend- in subsection (a). making the objection in the proceeding. ment made by this Act, shall preempt or ‘‘(c) RECEIPTS CREDITED AS OFFSETTING ‘‘(e) SUPREME COURT REVIEW.—A decision interfere with— COLLECTIONS.—Notwithstanding section 3302 by a court under this section may be re- (1) any practice of seeking public com- of title 31, any funds accepted under this sec- viewed only by the Supreme Court under sec- ment; and tion, except funds transferred pursuant to tion 1254 of title 28. (2) any power, jurisdiction, or authority of subsection (b)— ‘‘(f) ORDER DEFINED.—In this section, the a State agency or an airport sponsor has ‘‘(1) shall be credited as offsetting collec- term ‘order’ includes a record of decision or with respect to carrying out an airport cations to the account that finances the activi- a finding of no significant impact. pacity enhancement project.

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.004 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4363 The SPEAKER pro tempore. Pursu- I know some Members have expressed a 23-mile rail-truck highway link to ant to the rule, the gentleman from concern that when we streamline, we downtown Kowloon, a terminal to han- Florida (Mr. MICA) and the gentleman do not want to streamline over local dle 90,000 passengers, started at the from Minnesota (Mr. OBERSTAR) each authority and we do not want to same time as the third runway at Se- will control 20 minutes. streamline over environmental laws attle. The Chair recognizes the gentleman that protect the beautiful landscape Chek Lap Kok has been completed at from Florida (Mr. MICA). that we live in and enjoy. So those two a cost of over $25 billion, is now han- Mr. MICA. Mr. Speaker, I yield my- features in this legislation that people dling 15 to 20 million passengers a year; self such time as I may consume. are concerned about do not exist. We and I was out in Seattle a year ago for Mr. Speaker, over the past 20 years, do not harm the environment, nor do the bulldozing of the first load of dirt air travel in the United States has we run over local authority. to start work on the third Seattle run- grown faster than any other mode of The way this legislation is drafted, it way. Now, that is an egregious exam- transportation. More and more, our will ensure that once a community has ple, as I said; but it is one that under- citizens rely on the speed and the con- reached a consensus on a critical ca- scores the frustration that airport au- venience of flights in aviation to im- pacity project, the review process will thorities, airlines, and air traveling prove our daily lives. Unfortunately, not unnecessarily delay construction. passengers have with our airport ex- we, as a nation, have failed to provide This bill, in fact, creates a coordinated pansion program. the airport capacity necessary to keep review process for our major airport If we are going to accommodate the pace with the great demand that we capacity projects across the country. It more than 1 billion passengers to use have seen grow over the past decades. also gives the Secretary of Transpor- the U.S. airways in the next 5 to 10 Last year, the Federal Aviation Ad- tation the responsibility to ensure that years, then we have to do a better job ministration released a report which all environmental reviews by all gov- of moving airport projects along to en- revealed for the first time how very far ernment agencies will be conducted at hance and expand capacity. But it is misleading to say that envi- we have fallen behind in meeting our the same time whenever possible, and ronmental issues alone are the factors aviation infrastructure needs. Accord- completed within the deadlines estab- causing 10- to 15-year delays in building to the report, our Nation’s 31 busi- lished by the Department of Transpor- ing runways. The FAA reviewed the est airports are now at or above capac- tation. runway construction process, studied a ity for some portion of the day. H.R. 4481 also binds all Federal and number of major construction projects Insufficient airport runway capacity State agencies taking part in a review which have been described as taking 10 has led to chronic and worsening con- to the project’s ‘‘purpose and need’’ as gestion. Last summer, and before the to 15 years to complete, and found gen- determined by the Department of erally that the Federal environmental events of September 11, one out of Transportation under this legislation. every four commercial flights experi- impact process took 3 to 4 years. Now, It also limits Federal or State agency that certainly is in the view of many enced a significant delay or cancella- reviews to the project alternatives that tion. As air travelers begin to regain people too long, but it is not 15 years. the Secretary of the Department deter- The major cause when we look at the confidence in our system, we have al- mines are reasonable. ready seen the return of traffic in avia- facts more closely as reported by FAA, tion commercial passenger service to b 1230 the major cause of delay is the time pre-September 11 levels. Finally, this bill also expedites judi- needed to complete the local political It is not a question of when, Mr. cial reviews of Department of Trans- process mandated by State law and Speaker, or even if; it is a question of portation determinations. It moves all local ordinance. Under our system, as distinguished how soon gridlock will return to our claims to the U.S. Court of Appeals and from many other places and most other busiest airports, and we are already requires all petitions to be filed not countries in the world, it is not the seeing that occur. Airports around the later than 60 days after an order is Federal Government that decides to Nation must now begin to address the issued with allowances, of course, for build an airport, except in the case of capacity needs that we have seen in the special circumstances. Dulles or Reagan National Airport, past immediately. We have a little bit I would like to reiterate that nothing which are the only two owned by the of a break here again in regaining our in this bill is intended to cut off debate Federal Government. It is the local or limit input on the local level in any passenger service that we had pre-Sep- government that makes that decision. way. It does not usurp the rights or re- tember 11, so it gives us an opportunity Once they have, the Federal process sponsibilities of a State or airport to plan, to prepare, and to meet the comes into play. aviation infrastructure needs of the fu- sponsor to carry out an airport project. I think that we should speed up the ture. Mr. Speaker, this is an excellent environmental process by doing a great Unfortunately, standing in the way piece of legislation. We have worked deal of the work concurrently, and co- of moving forward with building our together closely with the minority. ordinate State and Federal approvals; Nation’s aviation infrastructure is a Both sides of the aisle have been con- but each proposal has to be evaluated very cumbersome Federal review proc- sulted, and we have worked with local on its own and on itself. We have to be ess. That process is full of duplication, and State governments and other careful that we are only streamlining it is full of conflicting mandates, and stakeholders in this important process; environmental processes, not super- one that, in fact, lacks coordination, and I think we have a good consensus seding them. lacks accountability, and sometimes on an excellent piece of legislation. I There are many positive provisions wastes years and years of precious time urge Members to support this bill. in this bill that will move the process when communities and States are try- Mr. Speaker, I reserve the balance of along without undermining the Na- ing to work with the Federal Govern- my time. tional Environmental Policy Act. ment to build the aviation infrastruc- Mr. OBERSTAR. Mr. Speaker, I yield There is a procedure for DOT to take ture that our economy and our areas myself such time as I may consume. the lead in a cooperative initiative need so desperately. Mr. Speaker, the legislation pending where all the State and Federal agen- The legislation before us today, H.R. before us, as the gentleman from Flor- cies that have environmental respon- 4481, I believe, will significantly im- ida (Mr. MICA) has just described has as sibilities agree to deadlines, agree to prove the Federal review process for its purpose to speed up construction of coordinate their review, and to do critical airport capacity projects that runways, taxiways, airside improve- those reviews concurrently rather than are under consideration at 31 of our Na- ments at airports that have dragged on sequentially. That would be a very big tion’s busiest airports. While this legis- far too long in the past. improvement on the existing process. I lation will cut through red tape, it will Perhaps the most egregious example think that is a strong and constructive not in any way diminish existing envi- or comparison would be that of the initiative that we have brought for- ronmental laws or in any way limit Chek Lap Kok Airport in Hong Kong, ward. local input or control over these crit- an airport built in the ocean in 300 me- There is also more flexibility in this ical projects. ters of ocean depth, 12,500 feet runways, legislation to address local community

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.018 pfrm12 PsN: H09PT1 H4364 CONGRESSIONAL RECORD — HOUSE July 9, 2002 concerns by allowing restrictions on main reasons for the congestion was the lack view has been finished, construction use of new runways, use of Federal air- of airport capacity. can begin in a timely fashion. port funds for environmental mitiga- There was a crying need for new runways In closing, I urge Members to support tion, and allow FAA to accept money and improved airport infrastructure. Air-21 pro- this measure that will help lessen the from airports to hire additional staff to vided the funding for these improvements, but worsening aviation capacity crunch process the environmental reviews bureaucratic red tape often held up needed that we are facing in this Nation. more expeditiously. I think that is con- construction. Now attention has shifted to air- Mr. MICA. Mr. Speaker, I yield such structive. port security, and rightly so. Air traffic is down time as he may consume to the gen- If these reasonable, responsible, and the need for airport capacity improve- tleman from Tennessee (Mr. DUNCAN), thoughtfully constructed steps are fol- ments is less compelling. But, I am confident the previous chairman of the Sub- lowed, the environmental process will that air traffic will pick up again. And when it committee on Aviation, one of the cur- not be preempted. It will be speeded up, does, congestion and delays will return with a rent Committee on Transportation and and the environmental will not take a vengeance unless we do something about it Infrastructure chairmen. bad rap in the name of efficiency or ex- now. That is why I introduced this bill. This Mr. DUNCAN. Mr. Speaker, I thank peditious movement of airport con- legislation directs the Department of Transpor- the gentleman for yielding me this struction process. tation to take a lead role in the environmental time. On the whole we have a good bill, a review process. Mr. Speaker, I first want to salute reasonable one that properly managed DOT will coordinate the actions of other and commend the gentleman from will move our airport expansion needs agencies and will be responsible for deter- Florida (Mr. MICA) and the gentleman ahead in a responsible manner. I think mining the ‘‘purpose and need’’ and reason- from Alaska (Mr. YOUNG) and the rank- it will go a long way toward accel- able alternative to the project. I do not claim ing members, the gentleman from Min- erating the environmental process that this bill will build new runways overnight, nesota (Mr. OBERSTAR) and the gen- without sacrificing environmental but it will streamline the process and help air- tleman from Illinois (Mr. LIPINSKI), for processes. I commend the gentleman ports meet the demands of air travelers more bringing this bill to the floor today. from Alaska (Mr. YOUNG) for the exten- quickly. And, it should be noted, it will do this The lack of publicity about this leg- sive cooperation that we have had on without undermining the environmental laws or islation should not be any reflection on this legislation, and the chairman of the ability of citizens to have their voices its importance because I consider this the subcommittee, the gentleman from heard in the process. to be very, very important legislation. Florida (Mr. MICA), for his thoughtful I would like to thank chairman MICA, as well In previous Congresses, we held a cou- consideration of the views that we have as Mr. OBERSTAR and Mr. LIPINSKI, for their ple of hearings about this problem, and offered on our side; and I also commend help and cooperation on this legislation. There we heard testimony that the average the gentleman from Illinois (Mr. LIPIN- were some difficult issues in this bill and I very time of completion of a runway project SKI) for his dedicated work over many much appreciate the bipartisan approach to in this country was approximately 10 hours on this legislation. resolving them. years. In fact, we heard one witness Mr. Speaker, I reserve the balance of I urge a yes vote on H.R. 4481. tell us that the main runway at the At- my time. Mr. OBERSTAR. Mr. Speaker, I yield lanta airport took 14 years from con- Mr. MICA. Mr. Speaker, I yield such such time as he may consume to the ception to completion, but only 33 time as he may consume to the gen- gentleman from Illinois (Mr. LIPINSKI), days, those were 24-hour workdays, so tleman from Alaska (Mr. YOUNG), the the ranking member of the Sub- we could say 99 working days of actual chairman of the Committee on Trans- committee on Aviation. construction. That is ridiculous, Mr. portation and Infrastructure. Mr. LIPINSKI. Mr. Speaker, I thank Speaker. (Mr. YOUNG of Alaska asked and was the gentleman from Minnesota (Mr. We also heard testimony that these given permission to revise and extend OBERSTAR) for yielding me this time delays are primarily due to environ- his remarks.) and express my sincere appreciation to mental rules and regulations and red Mr. YOUNG of Alaska. Mr. Speaker, I the gentleman from Alaska (Mr. tape, and it was driving the cost of can only echo the words that have been YOUNG) and the gentleman from Flor- these projects up so they were costing said by the gentleman from Minnesota ida (Mr. MICA) for the outstanding co- three or four times what they should. (Mr. OBERSTAR) and the gentleman operation that we have on the Com- Those costs had to be passed on to the from Florida (Mr. MICA). mittee on Transportation and Infra- flying public. What this has done over This legislation will not change ev- structure. It is a pleasure to work with the years, it has driven up the cost of erything overnight, but it will expedite these gentlemen because they always air travel. It has forced many lower-in- the process of building airports, we strive to do what is best for the Amer- come people back onto the highways, think, in a more expeditious time pe- ican flying public. or made sure that they stayed on the riod. As the gentleman mentioned, the Mr. Speaker, I lend my support to highways instead of having the much airports built in the Asian market were H.R. 4481, the Airport Streamlining Ap- safer and quicker and more com- built in a short period of time, and Se- proval Process Act. In the true fashion fortable alternative of flying. attle has had 19 years and has not even of the Committee on Transportation This is very important legislation. flown an airplane off the new runway and Infrastructure, this is a bipartisan We passed in the last Congress the that is going to be built. measure that will expedite the environ- AIR–21 bill, which was the largest avia- Mr. Speaker, this bill is needed at mental review and approval process for tion bill in the history of the Congress; this time. Prior to 9–11, the biggest key airport capacity projects. but we certainly will not be able to complaint was congestion and delays in In the last decade, only six of our Na- gain the full benefits of the AIR–21 leg- our airports. I believe although air tion’s largest airports have managed to islation unless we pass this legislation traffic is down now, it will return in complete new runway projects, as it to complement and improve that ear- the near future; and we need these new currently takes about 10 years or more lier bill. This will help taxpayers re- airports as our population grows. We to simply plan and approve such a ceive the greatest bang for their buck need these new airports as commerce project. And as we are about to reach on these aviation projects and will grows, and this is a way to get these pre-September 11 traffic, and will even- greatly improve and hold down the cost airports built on time. tually pass these levels, we need to of air travel in the future. I think it is Mr. Speaker, I rise in support of H.R. 4481, streamline and speed up the environ- a very good bill, and I commend the au- the Airport Streamlining Approval Process Act mental review process in order to less- thors and urge my colleagues to sup- of 2002. en the aviation congestion that plagues port this legislation. I am pleased to be moving forward with this our Nation and the world. H.R. 4481 will legislation. Last year, airport gridlock domi- eliminate duplication without cutting b 1245 nated the aviation debate. Passengers were corners that might harm the environ- Mr. OBERSTAR. Mr. Speaker, I yield bitterly complaining about the intolerable ment. Simply put, once a community myself such time as I may consume. delays they were forced to endure. We exam- reaches consensus on an airport capac- Mr. Speaker, I have reviewed a num- ined those issues and found that one of the ity project and the environmental re- ber of documents in the form of letters

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.034 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4365 or memos issued just on the eve of the port Streamling Approval Process Act of 2002 erly address the issue of aircraft noise. In- consideration of this legislation, and I currently under discussion in the House. stead of addressing legislation seeking solely want to make four points to reassure No one can quarrel with the concept of co- to expand this nation’s airports, this Congress those who have expressed concerns ordinating the extensive environmental review should also focus its attention on legislation about the effects of this bill on envi- process required for major infrastructure that eliminates aircraft noise. One measure I ronmental procedures. projects such as the airport construction. have introduced would ban the two loudest One, the bill specifically provides Major transportation, education, energy, and types of airplane engines from all general there is no preemption or interference other essential infrastructure projects warrant aviation airports in the 20 largest metropolitan with any practice of seeking public expedited environmental review, as long as areas in the country. It is time that we shift our comment or the authority of States or the review is thorough and complete. How- attention away from solely the expansion of the authority of airport operators to ever, it is critical that the same standards of airports and toward the problem of aircraft decide on which projects they wish to review be used for all such projects. In North- noise which hampers the quality of life for undertake. ern California there is a very controversial and countless American citizens. Two, the bill does not give any new disputed proposal to expand the runways at Mr. MICA. Mr. Speaker, I yield back authority to the FAA to create exemp- San Francisco International Airport by filling in the balance of my time. tions from the environmental require- approximately one square mile of San Fran- The SPEAKER pro tempore (Mr. ments. cisco Bay. For the last several years, I have ISAKSON). The question is on the mo- Three, States have a choice of wheth- impressed upon federal and state officials the tion offered by the gentleman from er they want to participate in a coordi- importance of analyzing this proposal from the Florida (Mr. MICA) that the House sus- nated process. perspective of meeting the long-term chal- pend the rules and pass the bill, H.R. Four, if another agency does not lenges facing commercial aviation throughout 4481, as amended. comply with the coordinated schedule Northern California. The question was taken; and (two- developed by DOT, the other agency The runway expansion and Bay fill proposal thirds having voted in favor thereof) does not lose its authority. It does is seen as a solution to the problem of too the rules were suspended and the bill, have a remedy, a report to Congress. much air traffic and air traffic delays at SFO. as amended, was passed. I think on balance we have taken But, this solution will only compound the prob- A motion to reconsider was laid on into consideration the concerns ex- lem of traffic gridlock on our existing freeway the table. pressed in the course of the hearing and highway system to and from the airport. f and subsequently about the effects of The permanent damage to San Francisco Bay this legislation on environmental proc- caused by the Bay fill would only relieve avia- GENERAL LEAVE esses, and I urge the adoption of the tion congestion problems on a temporary Mr. MICA. Mr. Speaker, I ask unani- bill. basis, it does nothing to address the larger mous consent that all Members may Mr. Speaker, I yield back the balance issue of moving people and goods throughout have 5 legislative days within which to of my time. California in the most reasonable, efficient, revise and extend their remarks and in- Mr. MICA. Mr. Speaker, I yield my- and environmentally prudent manner. In fact, it clude extraneous material on H.R. 4481, self the balance of my time. makes this challenge more difficult. as amended. Mr. Speaker, first, again, I want to As we discuss expedited review by the Fed- The SPEAKER pro tempore. Is there thank the ranking member, the general Government of major projects such as the objection to the request of the gentleman from Minnesota (Mr. OBERSTAR) San Francisco Bay fill/airport expansion pro- tleman from Florida? for his cooperation and the gentleman posal, we must be mindful of thoroughly re- There was no objection. from Illinois (Mr. LIPINSKI), the rank- viewing all alternatives. In the case of San f ing member of the Subcommittee on Francisco, have we considered the use of ex- Aviation, for his kind assistance. isting, under-utilized or abandoned aviation fa- ARMED FORCES TAX FAIRNESS This legislation is authored by the cilities in the San Francisco/Northern Cali- ACT OF 2002 chair of our full committee, the distin- fornia region as an alternative to filling the Mr. HOUGHTON. Mr. Speaker, I guished gentleman from Alaska (Mr. Bay? Do the increased security concerns remove to suspend the rules and pass the YOUNG), and it is cooperation of this sulting from September 11 support such an bill (H.R. 5063) to amend the Internal nature that allows us to move impor- expansion or would it be more prudent to im- Revenue Code of 1986 to provide a spe- tant legislation forward. Although prove other regional facilities? Has consider- cial rule for members of the uniformed again not very newsworthy or legisla- ation been given to segregating SFO in terms services in determining the exclusion tion which brings on a great deal of de- of limiting or eliminating air cargo operations of gain from the sale of a principal res- bate and controversy in the House, at that facility in order to maximize passenger idence and to restore the tax exempt today we are passing a significant aviation opportunities? status of death gratuity payments to measure which will allow airport I have long suggested the Federal Govern- members of the uniformed services. streamlining for the approval process ment coordinate its review of all major projects The Clerk read as follows: that is so important. in order to have a timely resolution and avoid H.R. 5063 Mr. Speaker, in conclusion, this bill endless litigation and delay. Our policies in Be it enacted by the Senate and House of Rep- saves time and this legislation saves this area, however, must be consistent and resentatives of the United States of America in money. This legislation maintains our exercised with fairness, and the review must Congress assembled, protections, important protections be thorough. SECTION 1. SHORT TITLE. over the environment, and this legisla- Mr. ROTHMAN. Mr. Speaker, I rise today in This Act may be cited as the ‘‘Armed tion maintains important local and strong opposition of the Airport Streamlining Forces Tax Fairness Act of 2002’’. State control and authority. Approval Process Act of 2002, which con- SEC. 2. SPECIAL RULE FOR MEMBERS OF UNI- I believe it is important to move this tinues this Congress’ focus toward the expan- FORMED SERVICES IN DETER- legislation forward because it does MINING EXCLUSION OF GAIN FROM sion of airports and ignores the quality of life SALE OF PRINCIPAL RESIDENCE. move our aviation infrastructure issue forced on many of our constituents who (a) IN GENERAL.—Subsection (d) of section projects which are so necessary across live near airports—aircraft noise. 121 of the Internal Revenue Code of 1986 (re- the country and particularly in our I fully recognize the vital role the aviation in- lating to exclusion of gain from sale of prin- congested regions of the Nation, and dustry plays in our nation’s economy, but it is cipal residence) is amended by adding at the also this is important because it will time for this congress to stop focusing solely end the following new paragraph: move our economy forward, which we on what’s good for the airport industry and to ‘‘(9) MEMBERS OF UNIFORMED SERVICES.— know is so dependent on aviation and start focusing on what’s also good for the ‘‘(A) IN GENERAL.—At the election of an in- aviation infrastructure. countless individuals who live near airports dividual with respect to a property, the run- So, with those comments, Mr. Speak- ning of the 5-year period described in sub- and are constantly subjected to the thun- section (a) with respect to such property er, I urge the adoption of this legisla- derous roar of giants jets overhead. shall be suspended during any period that tion and support for H.R. 4481. While this measure does include provisions such individual or such individual’s spouse is Mr. CONDIT. Mr. Speaker, I rise today to that address aircraft noise, I firmly believe that serving on qualified official extended duty as put on record my concerns regarding the Air- those steps are inadequate and do not prop- a member of the uniformed services.

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.035 pfrm12 PsN: H09PT1 H4366 CONGRESSIONAL RECORD — HOUSE July 9, 2002 ‘‘(B) MAXIMUM PERIOD OF SUSPENSION.—The formed services who are transferred to $250,000, or $500,000 if married and filing 5-year period described in subsection (a) take advantage of the present-law cap- a joint return, of gains realized on the shall not be extended more than 5 years by ital gains tax relief on the sale of their sale or exchange of a principal resi- reason of subparagraph (A). home, the way all the rest of us can do. dence. To qualify, the taxpayer must ‘‘(C) QUALIFIED OFFICIAL EXTENDED DUTY.— For purposes of this paragraph— An individual is not subject to the first have owned and used the residence as a ‘‘(i) IN GENERAL.—The term ‘qualified offi- $250,000, or, for a couple, $500,000 on a principal residence for at least 2 of the cial extended duty’ means any extended duty joint return on the sale of a home if it 5 years prior to the sale or exchange. while serving at a duty station which is at has been lived in as a principal resi- Many of our military personnel do least 250 miles from such property or while dence for 2 out of the last 5 years. not receive this benefit because they residing under Government orders in Govern- Uniformed members are transferred are stationed away from home for an ment quarters. around this country and overseas at extended tour of duty. Thus, they fail ‘‘(ii) UNIFORMED SERVICES.—The term ‘uniformed services’ has the meaning given such someone else’s choosing. This happens to meet the so-called 2 of the 5 pre- term by section 101(a)(5) of title 10, United so many times that it is impossible for ceding years rule. This bill would en- States Code, as in effect on the date of the them to meet the 5-year rule. What sure that this benefit is not lost be- enactment of this paragraph. this bill would do is suspend the run- cause of an extended tour of duty. ‘‘(iii) EXTENDED DUTY.—The term ‘extended ning of the 5-year rule for a total of 5 Under the bill, military personnel duty’ means any period of active duty pursu- years during the time they are as- would be permitted to exclude any ant to a call or order to such duty for a pe- signed away from home. time spent on an extended tour of duty riod in excess of 180 days or for an indefinite Furthermore, Mr. Speaker, although period. for purposes of meeting the 2 of 5 pre- ‘‘(D) SPECIAL RULES RELATING TO ELEC- the provisions in this bill apply only to ceding years rule. TION.— the military and uniformed service This provides the benefits which were ‘‘(i) ELECTION LIMITED TO 1 PROPERTY AT A members, there are other citizens who intended when the law was enacted. I TIME.—An election under subparagraph (A) work abroad for the government or for- do not believe anyone in this body with respect to any property may not be eign service officers, as well as employ- would argue that the Congress in- made if such an election is in effect with re- ees of businesses, who have the same tended to deny this benefit to the men spect to any other property. problem with the 5-year rule. At some and women who faithfully serve in our ‘‘(ii) REVOCATION OF ELECTION.—An election point, not now, but at some point we Armed Forces. This provision brings under subparagraph (A) may be revoked at any time.’’. need to consider their needs so that the about the fair and intended results. (b) EFFECTIVE DATE.—The amendment rule is uniform. I join the gentleman from New York made by this section shall apply to elections Mr. Speaker, I reserve the balance of (Mr. HOUGHTON) in strongly supporting made after the date of the enactment of this my time. this bill, H.R. 5063, and I urge all of my Act for suspended periods under section Mr. MCNULTY. Mr. Speaker, I yield colleagues to support it as well. 121(d)(9) of the Internal Revenue Code of 1986 myself such time as I may consume. Mr. Speaker, I reserve the balance of (as added by this section) beginning after Mr. Speaker, during this time of such date. my time. heightened military engagement, the Mr. HOUGHTON. Mr. Speaker, I yield SEC. 3. RESTORATION OF FULL EXCLUSION FROM GROSS INCOME OF DEATH GRA- benefits provided under this bill should 3 minutes to the gentleman from Texas TUITY PAYMENT. go to our men and women in uniform (Mr. SAM JOHNSON). (a) IN GENERAL.—Subsection (b)(3) of sec- without delay. The high price they are (Mr. SAM JOHNSON of Texas asked tion 134 of the Internal Revenue Code of 1986 willing to pay is often overlooked dur- and was given permission to revise and (relating to certain military benefits) is ing peacetime, but war quickly re- extend his remarks.) amended by adding at the end the following new subparagraph: minds us of their willingness to place Mr. SAM JOHNSON of Texas. Mr. ‘‘(C) EXCEPTION FOR DEATH GRATUITY AD- their lives on the line for all that we Speaker, I thank the gentleman for JUSTMENTS MADE BY LAW.—Subparagraph (A) hold dear. The families of these men yielding me time. shall not apply to any adjustment to the and women deserve any help we can Mr. Speaker, it is a great honor to be amount of death gratuity payable under provide in making their lives a bit here today in support of improving the chapter 75 of title 10, United States Code, easier. quality of life for the men and women which is pursuant to a provision of law en- This bill responds, as my colleague of our military and their loved ones acted before December 31, 1991.’’. from New York pointed out, to two with this Armed Forces Tax Fairness (b) CONFORMING AMENDMENT.—Subpara- graph (A) of section 134(b)(3) of such Code is areas of need. It provides much-needed Act. amended by striking ‘‘subparagraph (B)’’ and relief to members of our military Let me begin by saying how ex- inserting ‘‘subparagraphs (B) and (C)’’. through favorable tax treatment of tremely proud I am of the men and (c) EFFECTIVE DATE.—The amendments death benefits paid on behalf of mili- women who serve in our military, as made by this section shall apply with respect tary personnel who die in the line of well as their families. No matter where to deaths occurring after September 10, 2001. duty. In addition, the bill eases the I go, I have the absolute rapt attention The SPEAKER pro tempore. Pursu- burden currently experienced by cer- from everyone when I talk about mem- ant to the rule, the gentleman from tain military personnel with respect to bers of our Armed Services and the New York (Mr. HOUGHTON) and the gen- the exclusion of gain on the sale of great job they are doing today. I hope tleman from New York (Mr. MCNULTY) their principal residence. that our troops know that all across each will control 20 minutes. We all agree that the current death the Nation, citizens are proud of our The Chair recognizes the gentleman benefit of $3,000 is inadequate. This po- troops and that Americans are grateful from New York (Mr. HOUGHTON). sition was adopted earlier when the Mr. HOUGHTON. Mr. Speaker, I yield for the sacrifices that they and their myself such time as I may consume. benefit was increased from $3,000 to families make for the defense of our Mr. Speaker, this is an important $6,000 through the appropriations proc- Nation. bill. It has two features to it. First, it ess. We must now ensure that our mili- The bill we debate here today will increases the tax-free death benefit tary men and women receive the full put some muscle behind our state- payment provided to members of the benefits as intended. Thus, under the ments of appreciation. While one could Armed Services who are on active bill the full amount of the death pen- never, ever, put a price on life, as a duty. The present exempt amount is alty payable, which is $6,000, would be very small token of respect and condo- $3,000. The bill increases that to $6,000. excluded from income. lences, the military provides a death In 1991, during Desert Storm, this The second provision of the bill benefit for survivors called a death gra- death benefit paid to the survivors was would ensure that certain military per- tuity after the loss of a loved one. This increased from $3,000 to $6,000, but the sonnel are not denied the benefits of money can be used to fly family mem- tax amount was not changed, so that excluding an amount of the gain real- bers to a funeral or pay for memorial the extra $3,000 has been subject to tax ized upon the sale of a principal resi- service expenses. since that time. What this does, the dence simply because of extended mili- Unfortunately, in the last decade a bill will correct that oversight. tary assignments away from home. large portion of that money has gone The second feature, Mr. Speaker, is Current law provides an individual tax- back to the Federal Government. The the bill will allow members of the uni- payer an exclusion from tax of up to death gratuity was increased from

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.006 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4367 $3,000 to $6,000 during the Persian Gulf RANGEL) and the gentleman from New a death benefit. We should not be tax- War, but our Tax Code failed to keep York (Mr. HOUGHTON) and the gen- ing them on that; we should be helping up with the military changes. As a re- tleman from New York (Mr. MCNULTY) them. sult, only half of that $6,000 is tax-free for bringing this legislation forward. Mr. Speaker, I agree with the gen- today. I think, after the celebration of our tleman from Texas. This is simply During times of war and times of freedom last Thursday, that it is just wrong and immoral. We must do some- peace, every military family prays for and appropriate that we should bring thing. This act will correct that injus- the safety of their loved ones. A visit this legislation forward. I actually got tice, and we will say to the family, we by a military chaplain bearing bad involved with H.R. 3973 2 or 3 months are proud of your family member’s news one day is only compounded by ago when I learned that the tax was on service to our country. We want to help the horror of the tax man soon after. the death gratuity of our military; and you in this most difficult time, and we Taxing the loved ones’ loss is one of I worked both sides of the political will not increase your burden, but we the most inappropriate, irresponsible aisle. We had over 110 sponsors for that will stand with you and try to comfort, and immoral forms of taxation. To- legislation, because all of us were sur- not tax you. day’s action will change that. This ex- prised that there was still that tax on The other thing that is most impor- clusion would be effective for those the death gratuity. So I want to com- tant in an armed service member’s who died in the Pentagon, have fought pliment the chairman and the ranking family’s life is when they move or sell for freedom in Afghanistan, and any member for bringing this legislation their home and the quality of life that service member killed while defending forward. is so critical to be able to sell a home this country on September 11 or since I am pleased to say, as the gentleman and buy a home and improve that that tragic day. from Texas (Mr. JOHNSON), who was a home, and to create the comfort and Mr. Speaker, I remember when my former POW, said, that we have so the quality for their children. We wife talked about the chaplain coming many wonderful men and women in should not be taxing them in a way up to her front door just when I was uniform who serve this Nation and are that makes that very important and missing in action. Those families who willing to be called to give their life for essential component of their quality of have suffered, suffered through the America at any time; and to eliminate life more difficult. So I am very proud death of a loved one killed in action by this death tax, death gratuity tax, on to see that we are adjusting the Tax terrorism, should not have to give one the family after they have lost a loved Code. nickel more to Uncle Sam. one is absolutely the right thing to do. In my home State of Mississippi, we The other important change being It should be, as it is to my colleagues, have two military bases in Meridian made concerns housing of military unacceptable that this death gratuity and Columbus, Mississippi. Our Air families. The act would provide a rea- tax is in the law now, but we are going Guard and our other Guard and Reserve sonable accommodation to members of to eliminate that with the passage of forces are being deployed on an even the military so they, too, can benefit this legislation. more frequent basis, and we should not from the current $500,000 exclusion In addition, I would like to thank the count that time of their serving our from capital gains on the sale of a gentleman from New York (Mr. HOUGH- country, being deployed in foreign home. TON), the chairman of the sub- countries, fighting a war on terrorism To get this exclusion, a family must committee, and others, because I have or conducting humanitarian missions live in a home for at least 2 of the pre- also shared their concern about the or whatever their mission may be, and vious 5 years. This is generally reason- fact that our military was left out of then penalizing them as they try to able, but for those serving in the mili- the Taxpayers Relief Act of 1997, when sell their home and create a better tary, such a requirement is out of their we allowed for the first sale of a home place and a better home for their fam- control when their orders ship them to that the capital gains tax would not ily. any of the four corners of the earth. apply. So I am pleased, after 5 years, I So this is an act that is long overdue. I know firsthand about being trans- say to my colleagues, that they are It is something that is done in tribute ferred. As a 29-year veteran of the Air bringing this forward and bringing this on this, the week after the 4th of July, Force, my wife Shirley and our three relief to the men and women in uni- as our men and women are fighting a kids and I moved 17 times. It is a reform. war on terrorism. I can think of noth- ality of military life. It is fair for the The last point on that is that I did ing more appropriate or right to do as Tax Code to hold them harmless for the talk to Chairman Archer at the time, we today pass, later this afternoon, the time when they are not living in their back in 1998, and he said that it was a Armed Services Tax Fairness Act of own homes because of military orders. mistake, that the military should have 2002. been included; so I am delighted with Mr. HOUGHTON. Mr. Speaker, I yield b 1300 the efforts of my colleagues that we 2 minutes to the gentleman from Penn- Do not worry. Service members will are moving this forward. sylvania (Mr. GEKAS). not be able to become real estate mo- Mr. Speaker, in closing, I would just Mr. GEKAS. Mr. Speaker, I thank guls by buying property all over the like to say that I give my strong sup- the gentleman for yielding me this country and getting this benefit. It is port and appreciation to the leadership time. only relevant for one property per fam- for bringing this act to the floor of the When I served in the United States ily. House. Army, I remember very well, I can Today’s action is one more way Con- Mr. HOUGHTON. Mr. Speaker, I yield trace my steps during that time very gress can say ‘‘thank you’’ to our brave 3 minutes to the gentleman from Mis- vividly, I was transferred four times. military men and women, as well as sissippi (Mr. PICKERING). That is not unusual for any member of their families. I hope the Senate fol- Mr. PICKERING. Mr. Speaker, to the the Armed Forces, no matter which lows suit for the families and for free- gentleman from New York (Mr. branch it might be. dom, and sends this bill to the Presi- MCNULTY), I rise in proud support and During that time, I did not have any dent soon. sponsorship of the Armed Forces Tax property problems. I owned no prop- Mr. HOUGHTON. Mr. Speaker, I Relief Act of 2002. erty, so some of these provisions which thank the gentleman from Texas very As we return from the 4th of July re- we attack here today would not have much for those wonderful and eloquent cess, I can think of nothing more ap- applied to me. But some of the people words. propriate or better to do than to cor- with whom I served would have faced Mr. Speaker, I yield 2 minutes to the rect the injustice and the wrong code tax consequences if we were in a posi- gentleman from North Carolina (Mr. in our tax system that we would take a tion not to do something, as we are JONES). tax at the very worst time in an armed doing here today. Mr. JONES of North Carolina. Mr. service member’s family’s life when The point is that transfers being a Speaker, I want to first thank the gen- they have lost someone in the line of way of life, it is possible that the cap- tleman from California (Mr. THOMAS) duty, in combat. We, as a government, ital gains tax relief that is granted to and the gentleman from New York (Mr. have said that we will give that family people otherwise would not be granted

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.025 pfrm12 PsN: H09PT1 H4368 CONGRESSIONAL RECORD — HOUSE July 9, 2002 to a member of the armed services be- form of the United States military mers and chisels, tearing down the wall cause of the rapid transferability of through the years, I would not have the piece by piece. Our soldiers made that every single member of the United privilege as an American citizen of happen. I got a hammer and chisel, and States Army, Navy, Marines, the entire going around bragging, as I often do, I went out there and I banged away at gamut of the Armed Forces. about how we live in the freest and the wall myself, and I brought back What we do here today is to grant most open democracy on the face of the some of those pieces of wall and gave members of the Armed Forces the sta- Earth. them to veterans and thanked them for bility in their tax structure that they Freedom is not free. We have paid a what they had done for the people of otherwise would not be able to garner. tremendous price for it. I try not to let that region and for every citizen of the So when we do this, we honor the mem- a day go by without remembering with Free World. bers of the Armed Forces and we pay deep gratitude all of those who, like And the year after that, the breakup heed to their special tax consequences my own brother, Bill, made the su- of the Soviet Union into 15 individual if we did not have the vision to foresee preme sacrifice, and all of those who, democratic republics, who would have some of the problems that they might like many members of this Chamber, predicted that even a short time prior? served in our Armed Forces, came back face. This bill foresees it and remedies b 1315 it. home, continued to render outstanding Mr. HOUGHTON. Mr. Speaker, I yield service and raise beautiful families to I thank this body for sending me over 2 minutes to the gentleman from Vir- carry on their fine traditions. to one of those republics when they ginia (Mr. FORBES). Like many Members, I attended a were having their independence ref- Mr. FORBES. Mr. Speaker, I thank number of events over the July 4th erendum in Armenia. I went over with the gentleman from New York for weekend. One of them was on Sunday, three of my other colleagues and yielding me this time. July 7th, with survivors of the Battle watched in awe as 99.5 percent of the I am very proud to rise in support of of Saipan. They recalled with great people over the age of 18 in that coun- this important legislation. On Sep- sorrow how 80 percent of the people try went out and voted, a privilege tember 11, our Nation suffered a great that they served with at the time did none of them had experienced before in tragedy. The enemies of freedom made not come home alive. their lives. I watched them stand in a deliberate attack upon our people But they survived. This was a very line for hours for the privilege of the and our soil and our way of life. But special group, Mr. Speaker, because right to vote. those enemies were mistaken if they they had never received the medals Then it was a beautiful scene, be- believed that such an attack could turn that they had earned 58 years before. cause when they finished voting, they us away from the principles of liberty Thankfully, one of the things that we did not go home. They had little ban- and freedom that we hold so dear. could do, as Members of Congress, is to quets in every little polling place to Despite the strains of the war on ter- try to rectify that. celebrate their independence. What a ror, America’s military is still the On that day, I had the honor of pin- great thrill it was for me as a Rep- strongest in the world. However, the ning on their lapels literally dozens of resentative of the United States Con- true power behind America’s military those medals, including Bronze Stars gress to be there with them the next might is not the high-tech tanks and and Purple Hearts, which they earned day in the streets of Yeravan, their planes and guns that we have; it is the 58 years prior to the day, but had never capital, as they danced and sang and fighting American soldier, sailor, air- received. People like Nick Grinaldo shouted (Armenian phrase), long live man and Marine that operates those and Joe Mariano, Adam Weasack, free and independent Armenia, and weapons. Ralph Colangione, Frank Pusatere, and then pointed to the United States of People are the true power behind Sammy DiNova; and people like the America as their example of what they America’s military might. People fly gentleman from Texas (Mr. JOHNSON), wanted to be as a democracy. planes and drive tanks and ride on who just left this Chamber, who served At that moment, I was never more horseback through the mountains of our country, was a prisoner of war, who proud to be an American. But I remem- Afghanistan. People sail into harm’s endured torture on our behalf. bered why I had that feeling: the men way and launch from the decks of air- These are the reasons why, when I and women who put on the uniform of craft carriers. People guard over the get up in the morning, my priorities, the United States military through the very freedom that makes this country Mr. Speaker, are to thank God for my years and put their lives on the line for the best in the world. There is no life and veterans for my way of life. me, for my family, and every citizen of warfighting without warfighters, and if Beyond winning the two great World this country. we do not protect our people, we will Wars of this century, think of what This bill today, Mr. Speaker, is pea- lose them. their service and their vigilance has nuts; it is small-time stuff; it is a cou- Only two things in life they say are meant just in the past decade or so: the ple of minor tax breaks. But we should certain: death and taxes. But how in democratization of all of Eastern Eu- enact it and build on it and remember the world can we possibly continue to rope. And I can remember, as those why we have the great privileges we justify penalizing our service members Communist countries were falling in have in this country: the men and who risk their lives to protect this gov- 1989, Erich Honecker, then the leader of women of our Armed Forces. ernment by then turning around and Germany, standing up before the world Mr. Speaker, I urge my colleagues to taxing them on the benefits their fami- and making the pronouncement, ‘‘This support this legislation, and I yield lies receive because they gave their is where it stops. It shall not happen back the balance of my time. lives for us? It makes absolutely no here,’’ meaning the democracy move- Mr. HOUGHTON. Mr. Speaker, I yield sense for our government to bestow a ment. Three weeks later he was no myself such time as I may consume. gratuity upon the American service longer the leader of East Germany, re- Mr. Speaker, I would like to thank member only so that we can take it placed by Egon Krenz, who decided to the gentleman from New York (Mr. away after he has given the ultimate adopt what he called the interpretation MCNULTY) for those wonderful words. sacrifice. as, ‘‘the moderate hard line,’’ meaning Many strong words have been uttered Please join me in supporting this im- he was going to try to preserve the by many strong people here, and I will portant legislation to remove death Communist system and just appease not try to add to those. gratuity payments from members of the democratic movement. And he was Suffice it to say, Mr. Speaker, that the armed services. quickly dispatched, and we know the this is a fair bill, it is the right bill, it Mr. MCNULTY. Mr. Speaker, I yield rest of the story. is the right bill at the right time; and myself such time as I may consume. What a great thrill it was for me in I would like to, as with the gentleman Mr. Speaker, I work very hard these the following spring, in the spring of from New York (Mr. MCNULTY), urge days on trying to keep my priorities 1990, to travel and visit our troops in Members to support H.R. 5063. straight, and part of that is remem- Germany. They flew me into Berlin and Mr. GILMAN. Mr. Speaker, I rise today in bering that had it not been for all of they took me to the Berlin Wall, as the strong support of H.R. 5063, the Armed Serv- the men and women who wear the uni- people were out there with their ham- ices Tax Fairness Act.

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\CR\FM\K09JY7.027 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4369 Everyday the men and women of the Armed (H.R. 3130) to provide for increasing the (1) the term ‘‘academic unit’’ means a de- Services risk their lives to defend our country. technically trained workforce in the partment, division, institute, school, college, After September 11th the burden upon the United States, as amended. or other subcomponent of an institution of The Clerk read as follows: higher education; men and women in uniform has grown expo- (2) the term ‘‘community college’’ has the H.R. 3130 nentially. As it is, many in the Armed Forces meaning given such term in section 7501(4) of claim that their pay is low. The least that we Be it enacted by the Senate and House of Rep- the Elementary and Secondary Education could do would be to give those who serve resentatives of the United States of America in Act of 1965 (20 U.S.C. 7601(4)); our country some type of financial relief. Congress assembled, (3) the term ‘‘Director’’ means the Director Back in 1991, the gratuity death payment SECTION 1. SHORT TITLE. of the National Science Foundation; This Act may be cited as the ‘‘Under- (4) the term ‘‘eligible nonprofit organiza- was increased from $3,000 to $6,000, how- graduate Science, Mathematics, Engineer- ever the Tax Code was not adjusted to reflect tion’’ means a nonprofit organization with ing, and Technology Education Improvement demonstrated experience delivering science, the change. As a result only the first $3,000 is Act’’. mathematics, engineering, or technology truly tax-free. House Resolution 5063 would SEC. 2. FINDINGS. education, as determined by the Director; change this so that all of the gratuity death The Congress makes the following findings: (5) the term ‘‘institution of higher edu- payment money would be exempt from taxes. (1) Studies show that about half of all cation’’ has the meaning given such term in Furthermore, this bill would protect armed United States post-World War II economic section 101(a) of the Higher Education Act of services personnel who are transferred to take growth is a direct result of technological in- 1965 (20 U.S.C. 1001(a)); and advantage of capital gains tax relief on any novation, and science, engineering, and tech- (6) the term ‘‘research-grade instrumenta- nology play a central role in the creation of home sales. Currently, the law states that a tion’’ means a single instrument or a new goods and services, new jobs, and new networked system of instruments that en- person is not subject to capital gains tax on capital. able publication-quality research to be per- the first $250,000 when selling a home and (2) The growth in the number of jobs re- formed by students or faculty. $500,000 for a married couple. However, only quiring technical skills is projected to be SEC. 4. TECHNOLOGY TALENT. people who live in their home for at least 2 out more than 50 percent over the next decade. (a) SHORT TITLE.—This section may be of the past 5 years can take advantage of ex- (3) A workforce that is highly trained in cited as the ‘‘Technology Talent Act of emption. Armed service men and women often science, mathematics, engineering, and tech- 2002’’. nology is crucial to generating the innova- are not able to satisfy the 5-year rule and (b) GRANT PROGRAM.— tion that drives economic growth, yet fe- (1) IN GENERAL.—The Director shall award therefore are not able to take advantage of males, who represent 50 percent of the grants, on a competitive, merit-reviewed this tax relief. House Resolution 5063 would United States population, make up only 19 basis, to institutions of higher education address this by providing that even when men percent of the science, engineering, and tech- with physical or information science, mathe- and women of the Armed Forces are trans- nology workforce. matics, engineering, or technology pro- ferred, it will put them in the same position as (4) Outside of the biomedical sciences, the grams, to consortia thereof, or to nonprofit if they had been living at home while serving number of undergraduate degrees awarded in entities that have established consortia the science, mathematics, engineering, and among such institutions of higher education elsewhere. technology disciplines has been flat or de- Accordingly, I urge all of our colleagues to for the purpose of increasing the number and clining since 1987, despite rapid population quality of students studying and receiving support H.R. 5063, the Armed Services Tax growth and a significant increase in under- associate or baccalaureate degrees in the Fairness Act. This is simply the right and fair graduate enrollment over the same period. physical and information sciences, mathe- thing to do for all those in uniform who risk (5) The demand for H–1B visas has in- matics, engineering, and technology. Con- their lives everyday for our Nation. creased over the past several years, sug- sortia established by such nonprofit entities Mr. HOUGHTON. Mr. Speaker, I yield gesting that the United States is not train- may include participation by eligible non- back the balance of my time. ing a sufficient number of scientists and en- profit organizations, State or local govern- The SPEAKER pro tempore (Mr. gineers. ments, or private sector companies. An insti- (6) International comparisons of 24-year PETRI). The question is on the motion tution of higher education, including those olds have shown that the proportion of nat- offered by the gentleman from New participating in consortia, that is awarded a ural science and engineering degrees to the grant under this section shall be known as a York (Mr. HOUGHTON) that the House total of undergraduate degrees is lower in ‘‘National Science Foundation Science and suspend the rules and pass the bill, the United States than in Japan, South Engineering Talent Expansion Center’’. H.R. 5063. Korea, Taiwan, the United Kingdom, and (2) REQUIREMENTS.— The question was taken. Canada. (A) NUMBER.—The Director shall award not The SPEAKER pro tempore. In the (7) Technological and scientific advance- fewer than 10 grants under this section each opinion of the Chair, two-thirds of ments hold significant potential for ele- year, contingent upon available funds. those present have voted in the affirm- vating the quality of life and the standard of (B) DURATION.—Grants under this section ative. living in the United States. The quality and shall be awarded for a period of 5 years, with Mr. HOUGHTON. Mr. Speaker, on quantity of such advancements are depend- the final 2 years of funding contingent on the ent on a technically trained workforce. Director’s determination that satisfactory that I demand the yeas and nays. (8) Reversing the downward enrollment and progress has been made by the grantee dur- The yeas and nays were ordered. graduation trends in a number of science and ing the first 3 years of the grant period to- The SPEAKER pro tempore. Pursu- engineering disciplines is not only impera- ward achieving the increases in the number ant to clause 8 of rule XX and the tive to maintaining our Nation’s prosperity, of students proposed pursuant to subpara- Chair’s prior announcement, further it is also important for our national secu- graph (E). proceedings on this motion will be rity. (C) PRINCIPAL INVESTIGATOR.—For each postponed. (9) The decline of student majors in grant awarded under this section to an insti- science, mathematics, engineering, and tech- tution of higher education, at least 1 prin- f nology is reportedly linked to poor teaching cipal investigator must be in a position of GENERAL LEAVE quality in these disciplines and lack of insti- administrative leadership at the institution Mr. HOUGHTON. Mr. Speaker, I ask tutional commitment to undergraduate edu- of higher education, and at least 1 principal cation as compared to research. unanimous consent that all Members investigator must be a faculty member from (10) Undergraduate science, mathematics, an academic department included in the have 5 legislative days in which to re- engineering, and technology faculty gen- work of the project. For each grant awarded vise and extend their remarks and in- erally lack any formal preparation for their to a consortium or nonprofit entity, at each clude extraneous material on H.R. 5063. role as undergraduate educators. In addition, institution of higher education participating The SPEAKER pro tempore. Is there faculty members are generally not rewarded, in the consortium, at least 1 of the individ- objection to the request of the gen- and in some cases are penalized, for the time uals responsible for carrying out activities tleman from New York? they devote to undergraduate education. authorized under subsection (c) at that insti- There was no objection. (11) Faculty experienced in working with tution must be in a position of administra- undergraduate students report that under- tive leadership at the institution, and at f graduate research experiences contribute least 1 must be a faculty member from an UNDERGRADUATE SCIENCE, MATH- significantly to a student’s decision to stay academic department included in the work EMATICS, ENGINEERING, AND in an undergraduate science, mathematics, of the project at that institution. TECHNOLOGY EDUCATION IM- engineering, or technology major and to con- (D) SUBSEQUENT GRANTS.—An institution of PROVEMENT ACT tinue their education through graduate stud- higher education, a consortium thereof, or a ies. nonprofit entity that has completed a grant Mr. BOEHLERT. Mr. Speaker, I move SEC. 3. DEFINITIONS. awarded under this section may apply for a to suspend the rules and pass the bill In this Act— subsequent grant under this section.

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(E) INCREASES.— nology programs, including those targeted at including a comparison of the funded (i) INSTITUTIONS OF HIGHER EDUCATION WITH traditionally underrepresented groups in projects to identify best practices with re- BACCALAUREATE DEGREE PROGRAMS.—An ap- such disciplines; spect to achieving the purpose stated in sub- plicant for a grant under this section that is (4) projects including interdisciplinary ap- section (b)(1). or includes an institution of higher edu- proaches to undergraduate physical and in- (3) DISSEMINATION OF INFORMATION.—The cation that awards baccalaureate degrees formation science, mathematics, engineer- Director, at least once each year, shall dis- shall propose in its application specific in- ing, and technology education; seminate information on the activities and creases in the number of students who are (5) projects that focus directly on the qual- the results of the projects assisted under this United States citizens or permanent resident ity of student learning, including those that section, including best practices identified aliens obtaining baccalaureate degrees at encourage— pursuant to paragraph (2)(B), to partici- each such institution within the physical or (A) high-caliber teaching, including ena- pating institutions of higher education and information sciences, mathematics, engi- bling faculty to spend additional time teach- other interested institutions of higher edu- neering, or technology, and shall state the ing participating students in smaller class cation. mechanisms by which the success of the settings, particularly in the laboratory envi- (e) UNDERREPRESENTED GROUPS.—In car- grant project at each such institution shall ronment, by, for example, providing summer rying out the program authorized by this be assessed. salary or other additional salary for faculty section the Director shall strive to increase (ii) COMMUNITY COLLEGES.—An applicant members or stipends for students; the number of students receiving bacca- for a grant under this section that is or in- (B) opportunities to develop new peda- laureate degrees, concentrations, or certifi- cludes a community college shall propose in gogical approaches including the develop- cations in the physical or information its application specific increases in the num- ment of web-based course strategies, distrib- sciences, mathematics, engineering, or tech- ber of students at the community college uted and collaborative digital teaching tools, nology who come from groups underrep- who are United States citizens or permanent or interactive course modules; and resented in these fields. resident aliens pursuing degrees, concentra- (C) screening and training of teaching as- (f) REPORTS.— tions, or certifications in the physical or in- sistants; (1) LIST.—Not later than 90 days after the formation sciences, mathematics, engineer- (6) projects that— date of the enactment of this Act, the Direc- ing, or technology programs or pursuing (A) facilitate student exposure to potential tor shall develop, and disseminate to institu- credits toward transfer to a baccalaureate careers, including cooperative projects with tions of higher education, a list of examples degree program in the physical or informa- industry or government that place students of existing institutional and government ef- tion sciences, mathematics, engineering, or in internships as early as the summer fol- forts relevant to the purpose stated in sub- technology, and shall state the mechanisms lowing their first year of study; section (b)(1). by which the success of the grant project at (B) provide part-time employment in in- (2) INTERIM PROGRESS REPORT.—At the end each community college shall be assessed. dustry during the school year; or of the third year of the program authorized (F) RECORDKEEPING.—Each recipient of a (C) provide opportunities for undergradu- under this section, the Director shall trans- grant under this section shall maintain, and ates to participate in industry or govern- mit to the Congress an interim progress re- transmit annually to the National Science ment sponsored research; port of the evaluation conducted under sub- Foundation, in a format indicated by the Di- (7) projects that assist institutions of high- section (d)(2). rector, baseline and subsequent data on un- er education in States that participate in the (3) FINAL REPORT.—Not later than 6 years dergraduate students in physical and infor- Experimental Program to Stimulate Com- after the date of the enactment of this Act, mation science, mathematics, engineering, petitive Research (EPSCoR) to broaden the the Director shall transmit to the Congress a and technology programs. For grants to conscience, engineering, mathematics, and tech- final report of the evaluation conducted sortia or nonprofit entities, the data trans- nology student base or increase retention in under subsection (d)(2). mitted shall be provided separately for each these fields; (g) ADVISORY COMMITTEE.— institution of higher education participating (8) projects to encourage undergraduate re- (1) ESTABLISHMENT.—The Director shall es- in the consortia. Such data shall include in- search on-campus or off-campus; tablish an advisory committee, that includes formation on— (9) projects that provide scholarships or significant representation from industry and (i) the number of students enrolled; stipends to students entering and persisting academic leaders, for the grant program au- (ii) student academic achievement, includ- in the study of science, mathematics, engi- thorized under this section. The advisory ing quantifiable measurements of students’ neering, or technology; committee shall— mastery of content and skills; (10) projects that leverage the Federal in- (A) assist the Director in securing active (iii) persistence to degree completion, investment by providing matching funds from industry, and State and local government, cluding students who transfer from science, industry, from State or local government participation in the program; mathematics, engineering, and technology sources, or from private sources; and (B) recommend to the Director innovative programs to programs in other academic dis- (11) other innovative approaches to achiev- approaches to achieving the purpose stated ciplines; and ing the purpose described in subsection in subsection (b)(1); and (iv) placement during the first year after (b)(1). (C) advise the Director regarding program degree completion in post-graduate edu- (d) ASSESSMENT, EVALUATION, AND DISSEMI- metrics, implementation and performance of cation or career pathways. NATION OF INFORMATION.— the program, and program progress reports. (G) PRIORITY.—The Director may give pri- (1) PROJECT ASSESSMENT.—The Director (2) DURATION.—Section 14 of the Federal ority in awarding grants under this section shall require each institution of higher edu- Advisory Committee Act shall not apply to to applicants whose application— cation receiving assistance under this sec- the advisory committee established under (i) indicates a plan to build on previous and tion to implement project-based assessment this subsection. existing efforts with demonstrated success, that facilitates program evaluation under (h) AUTHORIZATION OF APPROPRIATIONS.— including efforts involving industry, in im- paragraph (2) and that assesses the impact of There are authorized to be appropriated to proving undergraduate learning and teach- the project on achieving the purpose stated the National Science Foundation to carry ing, including efforts funded by Federal in subsection (b)(1), as well as on institu- out this section— grants from the National Science Founda- tional policies and practices. (1) $25,000,000 for fiscal year 2003; and tion or other agencies; and (2) PROGRAM EVALUATION.—Not later than (2) such sums as may be necessary there- (ii) provides evidence of a commitment by 180 days after the date of the enactment of after. the administration at each institution of this Act, the Director shall award at least 1 (i) RELATED PROGRAMS.—The Director higher education to support and reward fac- grant or contract to an independent evalua- shall give consideration to achieving the ulty involvement in carrying out the pro- tive organization to— purpose stated in subsection (b)(1) by award- posed implementation plan for the project. (A) develop metrics for measuring the im- ing grants to institutions participating in (c) USES OF FUNDS.—Activities supported pact of the program authorized under this the Louis Stokes Alliances for Minority Par- by grants under this section may include— section on— ticipation. (1) projects that specifically aim to in- (i) the number of students enrolled; SEC. 5. INSTITUTIONAL REFORM. crease the number of traditionally underrep- (ii) student academic achievement, includ- (a) IN GENERAL.—The Director shall award resented students in the physical or informa- ing quantifiable measurements of students’ grants, on a merit-reviewed, competitive tion sciences, mathematics, engineering, or mastery of content and skills; basis, to institutions of higher education to technology, such as mentoring programs; (iii) persistence to degree completion, in- expand previously implemented reforms of (2) projects that expand the capacity of including students who transfer from science, undergraduate science, mathematics, engi- stitutions of higher education to incorporate mathematics, engineering, and technology neering, or technology education that have current advances in science and technology programs to programs in other academic dis- been demonstrated to have been successful in into the undergraduate learning environ- ciplines; and increasing the number and quality of stu- ment; (iv) placement during the first year after dents studying and receiving associate or (3) bridge projects that enable students at degree completion in post-graduate edu- baccalaureate degrees in science, mathe- community colleges to matriculate directly cation or career pathways; and matics, engineering, or technology. into baccalaureate physical or information (B) conduct an evaluation of the impacts of (b) USES OF FUNDS.—Activities supported science, mathematics, engineering, or tech- the program described in subparagraph (A), by grants under this section may include—

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(d) ANNUAL MEETING.—The Director shall unit; (d) AUTHORIZATION OF APPROPRIATIONS.— convene an annual meeting of awardees (2) expansion of successful reform efforts There are authorized to be appropriated to under this section to foster greater national beyond a single academic unit to other the National Science Foundation to carry information dissemination and collaboration science, mathematics, engineering, or tech- out this section $15,000,000 for each of fiscal in the area of undergraduate science, mathe- nology academic units within an institution; years 2003 through 2007. matics, engineering, and technology edu- (3) creation of multidisciplinary courses or SEC. 6. FACULTY DEVELOPMENT. cation. (e) AUTHORIZATION OF APPROPRIATIONS.— programs that formalize collaborations for (a) IN GENERAL.—The Director shall award There are to be authorized to be appro- the purpose of improved student instruction grants, on a merit-reviewed, competitive priated to the National Science Foundation and research in science, mathematics, engi- basis, to— to carry out this section $8,000,000 for each of neering, and technology; (1) institutions of higher education; fiscal years 2003 through 2007. (4) expansion of undergraduate research op- (2) eligible nonprofit organizations; or portunities beyond a particular laboratory, (3) consortia of institutions and organiza- SEC. 7. ACCESS TO RESEARCH-GRADE INSTRU- MENTATION. course, or academic unit to engage multiple tions described in paragraphs (1) and (2), academic units in providing multidisci- (a) IN GENERAL.—The Director shall award for professional development of under- plinary research opportunities for under- grants, on a merit-reviewed, competitive graduate faculty in support of improved un- graduate students; basis, to institutions of higher education to dergraduate science, mathematics, engineer- (5) expansion of innovative tutoring or support the acquisition of research-grade in- ing, and technology education. mentoring programs proven to enhance stu- strumentation and to support training re- (b) USES OF FUNDS.—Activities supported dent recruitment or persistence to degree lated to the use of that instrumentation. In- by grants under this section may include— completion in science, mathematics, engi- struments provided through awards under (1) support for individuals to participate in neering, or technology; this section shall be used primarily for un- scholarly activities aimed at improving un- (6) improvement of undergraduate science, dergraduate research, undergraduate in- dergraduate science, mathematics, engineer- mathematics, engineering, and technology struction, or both, in science, mathematics, ing, and technology education including— education for nonmajors, including teacher engineering, or technology. (A) sabbatical funding, including partial or education majors; and (b) ELIGIBLE INSTITUTIONS.—Grants may be (7) implementation of technology-driven full support for salary, benefits, and supplies, awarded under this section only to institu- reform efforts, including the installation of for faculty participating in scholarly re- tions of higher education that award fewer technology to facilitate such reform, that di- search in— than 10 doctoral degrees per year in dis- rectly impact undergraduate science, mathe- (i) science, mathematics, engineering, or ciplines for which the National Science matics, engineering, or technology instruc- technology; Foundation provides research support. tion or research experiences. (ii) the science of learning; or (c) AUTHORIZATION OF APPROPRIATIONS.— (c) SELECTION PROCESS.— (iii) assessment and evaluation related to There are to be authorized to be appro- (1) APPLICATIONS.—An institution of higher undergraduate instruction and student aca- priated to the National Science Foundation education seeking a grant under this section demic achievement; to carry out this section $10,000,000 for each shall submit an application to the Director (B) stipend support for graduate students of fiscal years 2003 through 2007. at such time, in such manner, and con- and post-doctoral fellows to participate in SEC. 8. UNDERGRADUATE RESEARCH EXPERI- taining such information as the Director instructional or evaluative activities at pri- ENCES. may require. The application shall include, marily undergraduate institutions; and (a) IN GENERAL.—The Director shall award at a minimum— (C) release time from teaching for faculty grants, on a merit-reviewed, competitive (A) a description of the proposed reform ef- engaged in the development, implementa- basis, to institutions of higher education, el- fort; tion, and assessment of undergraduate igible nonprofit organizations, or consortia (B) a description of the previously imple- science, mathematics, engineering, and tech- thereof to establish sites that provide re- mented reform effort that will serve as the nology education reform activities following search experiences for 10 or more under- basis for the proposed reform effort and evi- participation in a sabbatical opportunity or graduate science, mathematics, engineering, dence of success of that previous effort, in- faculty development program described in or technology students. The Director shall cluding data on student recruitment, persist- this subsection; and ensure that— ence to degree completion, and academic (2) support for institutions to develop, im- (1) at least half of the students partici- achievement; plement, and assess faculty development pating at each site funded under this section (C) evidence of active participation in the programs focused on improved instruction, shall be recruited from institutions of higher proposed project by individuals who were mentoring, evaluation, and support of under- education where research activities in central to the success of the previously im- graduate science, mathematics, engineering, science, mathematics, engineering, or tech- plemented reform effort; and and technology students, including costs as- nology are limited or nonexistent; (D) evidence of institutional support for, sociated with— (2) the awards provide undergraduate re- and commitment to, the proposed reform ef- (A) stipend support or release time for fac- search experiences in a wide range of fort, including a description of existing or ulty and staff engaged in the development, science, mathematics, engineering, or tech- planned institutional policies and practices delivery, and assessment of the faculty de- nology disciplines; regarding faculty hiring, promotion, tenure, velopment program; (3) awards support a variety of projects in- and teaching assignment that reward faculty (B) stipend support or release time for fac- cluding independent investigator-led contributions to undergraduate education ulty, graduate students, or post-doctoral fel- projects, multidisciplinary projects, and equal to, or greater than, scholarly scientific lows from the host institution or external in- multiinstitutional projects (including vir- research. stitutions who are engaged as participants in tual projects); (2) REVIEW OF APPLICATIONS.—In evaluating such faculty development programs; and (4) students participating in the projects applications submitted under paragraph (1), (C) support for materials, supplies, travel have mentors, including during the academic the Director shall consider at a minimum— expenses, and consulting fees associated with year, to help connect the students’ research (A) the evidence of past success in imple- the development, delivery, and assessment of experiences to the overall academic course of menting undergraduate education reform such faculty development programs. study and to help students achieve success in and the likelihood of success in undertaking (c) APPLICATIONS.—An entity seeking a courses of study leading to a baccalaureate the proposed expanded effort; grant under this section shall submit an ap- degree in science, mathematics, engineering, (B) the extent to which the faculty, staff, plication to the Director at such time, in or technology; and administrators are committed to mak- such manner, and containing such informa- (5) mentors and students are supported ing the proposed institutional reform a pri- tion as the Director may require. The appli- with appropriate summer salary or stipends; ority of the participating academic unit; cation shall include, at a minimum— and (C) the degree to which the proposed re- (1) a description of the activities to be car- (6) all student participants are tracked form will contribute to change in institu- ried out under the proposed project and the through receipt of the undergraduate degree tional culture and policy such that a greater projected impact of the project on under- and for at least 1 year thereafter. value is placed on faculty engagement in un- graduate majors and nonmajors enrolled in (b) AUTHORIZATION OF APPROPRIATIONS.— dergraduate education and that a commensu- science, mathematics, engineering, or tech- There are authorized to be appropriated to rate reward structure is implemented to rec- nology courses or programs; the National Science Foundation to carry ognize faculty for their scholarly work in (2) a plan for assessment of the outcomes out this section $10,000,000 for each of fiscal this area; and of the proposed project; years 2003 through 2007. (D) the likelihood that the institution will (3) a plan for dissemination of information SEC. 9. DISSEMINATION OF PROJECT INFORMA- sustain or expand the reform beyond the pe- regarding the activities and outcomes of the TION. riod of the grant. proposed project; and The Director shall ensure that all National (3) GRANT DISTRIBUTION.—The Director (4) evidence of institutional support for im- Science Foundation-sponsored under- shall ensure, to the extent practicable, that plementation of the proposed project, includ- graduate science, mathematics, engineering,

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or technology education projects, including SEC. 12. MINORITY-SERVING INSTITUTIONS UN- (1) ESTABLISHMENT.—The Director shall es- those sponsored by National Science Founda- DERGRADUATE PROGRAM. tablish an advisory committee on science, tion research directorates, shall disseminate (a) IN GENERAL.— mathematics, and technology education at via the Internet, at a minimum, the fol- (1) The Director shall establish a program community colleges consisting of non-Fed- lowing information: to award grants to Hispanic-Serving Institu- eral members, including representatives (1) Scope, goals, and objectives of each tions, Historically Black Colleges and Uni- from academia and industry. The advisory project. versities, Alaska Native-Serving Institu- committee shall review, and provide the Di- (2) Activities, methodologies, and practices tions, Native Hawaiian-Serving Institutions, rector with an assessment of, activities car- developed and implemented. and tribally controlled colleges and univer- ried out under the Advanced Technological (3) Outcomes, both positive and negative, sities to enhance the quality of under- Education Program (in this section referred of project assessment activities. graduate science, mathematics, and engi- to as the ‘‘Program’’), including— SEC. 10. EVALUATION. neering education at such institutions and to (A) conformity of the Program to the re- increase the retention and graduation rates quirements of the Scientific and Advanced- (a) IN GENERAL.—The Director, through the of students pursuing baccalaureate degrees Research, Evaluation and Communication Technology Act of 1992; in science, mathematics, or engineering. Division of the Education and Human Re- (B) the effectiveness of activities supported (2) Grants shall be awarded under this sec- sources Directorate of the National Science under the Program in strengthening the sci- tion on a merit-reviewed, competitive basis. entific and technical education and training Foundation, shall evaluate the effectiveness (b) PROGRAM COMPONENTS.—Grants award- capabilities of community colleges; of all undergraduate science, mathematics, ed under this section shall support— (C) the effectiveness of the National engineering, or technology education activi- (1) activities to improve courses and cur- Science Foundation and institutions receiv- ties supported by the National Science Foun- riculum in science, mathematics, or engi- ing awards under the Program in dissemi- dation in increasing the number and quality neering disciplines; nating information to other community col- of students, including students from groups (2) faculty development, including support leges about activities carried out under the underrepresented in science, mathematics, for— Program and about model curricula and engineering, and technology fields, studying (A) sabbaticals and exchange programs to teaching methods developed under the Pro- and receiving associate or baccalaureate de- improve the faculty’s research competency gram; grees in science, mathematics, engineering, and knowledge of technological advances; (D) the balance of resources allocated and technology. In conducting the evalua- (B) professional development workshops on under the Program for support of national tion, the Director shall consider information innovative teaching practices and assess- centers of excellence, individual institution on— ment; grants, and articulation partnerships; and (1) the number of students enrolled; (C) visiting faculty, including researchers (E) other issues identified by the Director. (2) student academic achievement, includ- from industry; and The advisory committee shall make rec- ing quantifiable measurements of students’ (D) faculty reassigned time or release time ommendations to the Director for improve- mastery of content and skills; to mentor students or to participate in cur- ments to the Program based on its reviews (3) persistence to degree completion, in- riculum reform and academic enhancement and assessments. cluding students who transfer from science, activities; (2) ADVISORY COMMITTEE REPORTS.—The ad- mathematics, engineering, and technology (3) stipends for undergraduate students visory committee established under para- programs to programs in other academic dis- participating in research activities in graph (1) shall report annually to the Direc- ciplines; and science, mathematics, or engineering distor and to Congress on the findings and rec- (4) placement during the first year after ciplines on-campus or off-campus at indus- ommendations resulting from the reviews degree completion in post-graduate edu- trial, governmental, or academic research and assessments conducted in accordance cation or career pathways. laboratories; and with paragraph (1). (b) ASSESSMENT BENCHMARKS AND TOOLS.— (4) other activities that are consistent with (3) DURATION.—Section 14 of the Federal The Director, through the Research, Evalua- subsection (a)(1), as determined by the Direc- Advisory Committee Act shall not apply to tion and Communication Division of the tor. the advisory committee established under Education and Human Resources Directorate (c) APPLICATION.—An institution seeking this subsection. of the National Science Foundation, shall es- funding under this section shall submit an (d) NATIONAL SCIENCE FOUNDATION RE- tablish a common set of assessment bench- application to the Director at such time, in PORT.—Within 6 months after the date of the marks and tools, and shall enable every Na- such manner, and containing such informa- enactment of this Act, the Director shall tional Science Foundation-sponsored project tion as the Director may require. transmit a report to Congress on— to incorporate the use of these benchmarks SEC. 13. ADVANCED TECHNOLOGICAL EDU- (1) efforts by the National Science Founda- and tools in their project-based assessment CATION PROGRAM. tion and awardees under the Program to dis- activities. (a) CORE SCIENCE AND MATHEMATICS seminate information about the results of (c) DISSEMINATION OF EVALUATION RE- COURSES.—Section 3(a) of the Scientific and projects; SULTS.—The results of the evaluations re- Advanced-Technology Act of 1992 (42 U.S.C. (2) the effectiveness of national centers of quired under subsection (a) shall be made 1862i(a)) is amended— scientific and technical education estab- available to the public. (1) by inserting ‘‘, and to improve the qual- lished under section 3(b) of the Scientific and (d) REPORTS TO CONGRESS.—Not later than ity of their core education courses in science Advanced-Technology Act of 1992 in serving 3 years after the date of the enactment of and mathematics’’ after ‘‘education in ad- as national and regional clearinghouses of this Act, and once every 3 years thereafter, vanced-technology fields’’; information and models for best practices in the Director shall transmit to the Congress a (2) in paragraph (1) by inserting ‘‘and in undergraduate science, mathematics, and report containing the results of evaluations core science and mathematics courses’’ after technology education; and under subsection (a). ‘‘advanced-technology fields’’; and (3) efforts to satisfy the requirement of SEC. 11. NATIONAL ACADEMY OF SCIENCES (3) in paragraph (2) by striking ‘‘in ad- section 3(f)(4) of the Scientific and Ad- STUDY ON UNDERGRADUATE RE- vanced-technology fields’’ and inserting vanced-Technology Act of 1992. CRUITMENT AND RETENTION. ‘‘who provide instruction in science, mathe- (e) AUTHORIZATION OF APPROPRIATIONS.— (a) STUDY.—Not later than 3 months after matics, and advanced-technology fields’’. There are authorized to be appropriated to the date of the enactment of this Act, the (b) ARTICULATION PARTNERSHIPS.—Section the National Science Foundation— Director shall enter into an arrangement 3(c)(1)(B) of the Scientific and Advanced- (1) for activities to improve core science with the National Research Council of the Technology Act of 1992 (42 U.S.C. and mathematics education in accordance National Academy of Sciences to perform a 1862i(c)(1)(B)) is amended— with section 3(a) of the Scientific and Ad- study on the factors that influence under- (1) by striking ‘‘and’’ at the end of clause vanced-Technology Act of 1992 (42 U.S.C. graduate students to enter and persist to de- (i); 1862i(a)), as amended by subsection (a) of this gree completion in science, mathematics, en- (2) by striking the period at the end of section, $5,000,000 for each of fiscal years 2003 gineering, and technology programs or to clause (ii) and inserting a semicolon; and through 2007; leave such programs and matriculate to (3) by adding after clause (ii) the following (2) for acquisition of instrumentation in other academic programs, as reported by stu- new clauses: accordance with section 3(a)(4) of the Sci- dents. ‘‘(iii) provide students with research expe- entific and Advanced-Technology Act of (b) TRANSMITTAL TO CONGRESS.—Not later riences at bachelor-degree-granting institu- 1992— than 18 months after the date of the enact- tions participating in the partnership, in- (A) $3,000,000 for fiscal year 2003; ment of this Act, the Director shall transmit cluding stipend support for students partici- (B) $3,500,000 for fiscal year 2004; to the Congress a report containing the re- pating in summer programs; and (C) $4,000,000 for fiscal year 2005; sults of the study under subsection (a). ‘‘(iv) provide faculty mentors for students (D) $4,500,000 for fiscal year 2006; and (c) AUTHORIZATION OF APPROPRIATION.— participating in activities under clause (iii), (E) $5,000,000 for fiscal year 2007; and There are authorized to be appropriated to including summer salary support for faculty (3) for support for research experiences for the National Science Foundation for car- mentors.’’. undergraduate students in accordance with rying out this section $700,000 for fiscal year (c) ADVANCED TECHNOLOGICAL EDUCATION section 3(c)(1)(B) of the Scientific and Ad- 2003, to remain available until expended. ADVISORY COMMITTEE.— vanced-Technology Act of 1992 (42 U.S.C.

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.007 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4373 1862i(c)(1)(B)), as amended by subsection (b) times students are actually discour- want to thank the gentleman from of this section, $750,000 for each of fiscal aged. Texas (Mr. SMITH) and other Texans on years 2003 through 2007. We cannot afford to have that con- the committee for making sure that The SPEAKER pro tempore. Pursu- tinue. H.R. 3130 takes aim at this prob- others in their State could compete ant to the rule, the gentleman from lem directly by providing incentives fairly for grants under this bill, even New York (Mr. BOEHLERT) and the gen- for colleges and universities, including though some Texas programs are orga- tleman from Texas (Mr. HALL) each community colleges, to increase the nized differently from those in other will control 20 minutes. number and quality of science, math, States. The Chair recognizes the gentleman engineering, and technology majors. I also want to thank many companies from New York (Mr. BOEHLERT). Under the bill, the National Science and high-tech industry groups such as Mr. BOEHLERT. Mr. Speaker, I yield Foundation would provide grants to Tech Net and higher education groups myself such time as I may consume. improve undergraduate science, math, such as the American Council on Edu- Mr. Speaker, H.R. 3130 proposes a and engineering education that are cation that have actively supported simple and direct solution to a clear contingent on the grantee increasing this bill and helped us get it to the and urgent problem. The problem is the number of graduating majors in floor. This bill is supported, and it de- that fewer and fewer American college those fields by a specific amount with- serves everyone’s support because it students are majoring in mathematics, out reducing quality. This is a direct has widespread impact. I urge its adop- engineering, technology, or science, and targeted approach that should tion. particularly in the physical sciences. make a real difference in the culture of Mr. Speaker, I reserve the balance of This is a source of growing concern for our Nation’s colleges and universities. my time. many reasons. I should note that NSF is already be- Mr. HALL of Texas. Mr. Speaker, I First and most obviously, the Nation ginning to try this approach. Congress yield myself such time as I may con- needs to constantly replenish its sup- appropriated money for fiscal year 2002 sume. ply of scientists, mathematicians, and to begin implementing H.R. 3130 on an Mr. Speaker, I rise in support of the engineers to have a workforce that can experimental basis in advance of the Undergraduate Science, Mathematics, compete in this increasingly techno- bill’s enactment, and the President has Engineering, and Technology Edu- logical world. The U.S. cannot assume proposed continuing the program next cation Improvement Act, H.R. 3130, as that it can rely forever on immigrants, year; but the program cannot be fully reported from the Committee on foreign students, and temporary emer- ramped up without this bill. Science and as described very ade- gency visa programs to meet its long- H.R. 3130 also creates a number of quately by our chairman. term workforce needs. Yet that is ex- other important programs to improve The bill was developed in a very bi- actly what we are doing right now. undergraduate education, including partisan way, in keeping with the past But the problem goes beyond filling grants to enable colleges and univer- practices of the Committee on Science jobs that explicitly call for someone sities to expand successful, innovative in the area of science education legisla- with a science degree. In today’s world, undergraduate programs; grants to en- tion. I want to thank the gentleman just about every job has a component able faculty to improve their teaching from New York (Chairman BOEHLERT) that is informed by science and tech- skills; and grants to help colleges pur- and those with whom he works, his nology, from the assembly line to the chase new research equipment for un- staff, for working with us on this side boardroom. Yet we have fewer and dergraduates. It also expands the Na- of the aisle to produce this very excel- fewer Americans who have the back- tional Science Foundation’s summer lent legislative product. ground to understand and analyze tech- research program for undergraduates. Basically, the bill will help increase nical information. Finally, the bill establishes a rig- the number of students who are grad- Indeed, just to be an active citizen orous evaluation program so we can uating in science, math, and engineer- today requires more scientific back- really learn what approaches to im- ing, and will help improve the quality ground than was the case just a few proving undergraduate education work of undergraduate science education. years ago. Just think of how often this and which ones do not. We have been Mr. Speaker, this bill builds on exist- body turns to institutions like the Na- flying by the seat of our pants for too ing NSF programs that have proven tional Academy of Sciences because so long in this regard, and this bill will fi- their effectiveness, such as Research many policy questions today require a nally provide some reliable data and Experiences for Undergraduates. Simi- firm grounding in science. So we need analysis on undergraduate reform. larly, the bill will provide support for to have more, not fewer, Americans So H.R. 3130 is a good bill that pro- the expansion of successful small-scale trained in science and technology motes targeted steps to improve under- undergraduate education reform activi- fields if we are to be a competitive graduate education that will make a ties that some colleges and universities economy and if we are to have a skilled real difference. have been engaged in. workforce and an active polity. As with all good bills, this one re- H.R. 3130 will also implement pro- Now, reversing the current trends flects the work of many hands. I want grammatic recommendations of the which have long been in the making is to start by thanking the gentleman Committee on Science, those that they not easy. Many of the problems begin from Ohio (Chairman BOEHNER) and his have received through a long series of as early as elementary school; and this staff for working so cooperatively with science education hearings going back House has passed several major bills to us on this bill, as they have on all edu- to the last Congress. address those problems, including H.R. cation legislation. I would like also to point out that 1 from the Committee on Education I want to particularly thank the gen- the bill incorporates provisions ad- and the Workforce and H.R. 1858 from tleman from Texas (Mr. HALL), the vanced by my colleague, the gentleman the Committee on Science. ranking minority member of the Com- from Washington (Mr. BAIRD), as in his But not all of our problems reside at mittee, and the gentleman from Con- bill, H.R. 4680. These provisions are fo- the K through 12 level. The statistics necticut (Mr. LARSON), the primary cused on helping community colleges show that many students enter college Democrat sponsor of this bill, and all improve their science and technology intending to major in science, math, our minority Members for their con- offerings, which is important because and engineering, but change course be- tributions to this bill which passed in community colleges enroll such a sig- fore declaring a major. Some of these our committee by voice vote because it nificant proportion of all under- students, of course, may just not be reflected ideas that originated on both graduate students. right for the field, but the attrition sides of the aisle. Finally, the bill includes the estab- rate is far too high for that to be the I want to mention two Members of lishment of an educational program at whole story. The problem is, rather, the minority specifically, the gen- NSF that will target minority-serving that our colleges and universities by tleman from Utah (Mr. MATHESON) and institutions. This program, which was and large do not do enough to encour- the gentleman from California (Mr. advanced by my colleague, the gen- age students to remain in science, SCHIFF), as they should have been men- tleman from California (Mr. BACA), will math, and engineering. Indeed, some- tioned as cosponsors of the bill, and I help address the serious problems of

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.007 pfrm12 PsN: H09PT1 H4374 CONGRESSIONAL RECORD — HOUSE July 9, 2002 underrepresentation by minorities in ships by enabling consortia to partici- the field of math and science and engi- the science and technology fields. The pate in the grants program which has neering, this bill takes a bold step in Nation just cannot afford to lose the worked very, very well in the State of terms of accomplishing that specific talents of any segment of society if we Texas and in my area. goal. I am proud to stand here on the are to produce a workforce with the Mr. Speaker, I believe that H.R. 3130 floor of the House today and endorse range of skills and capabilities that are will put in place a range of programs this concept and ask all of my col- going to be needed in the and activities that will strengthen un- leagues for their unanimous support of postindustrial world. dergraduate education in science and a great bill put forward by a great lead- Mr. Speaker, I strongly support H.R. technology and will help provide the er. 3130 and commend it for favorable con- human resources that this Nation will Mr. HALL of Texas. Mr. Speaker, I sideration by the House. need for economic strength and secu- yield 3 minutes to the gentleman from b 1330 rity in the postindustrial world. California (Mr. BACA), a member of our I strongly support this legislation. I subcommittee. Mr. Speaker, I yield 3 minutes to the commend it to my colleagues and ask (Mr. BACA asked and was given per- gentlewoman from Texas (Ms. EDDIE for their support in the passage by this mission to revise and extend his re- BERNICE JOHNSON) who is the ranking House. marks.) member of the Subcommittee on Re- Mr. HALL of Texas. Mr. Speaker, I Mr. BACA. Mr. Speaker, I rise in sup- search of the Committee on Science. yield 3 minutes to the gentleman from port of H.R. 3130. Ms. EDDIE BERNICE JOHNSON of Connecticut (Mr. LARSON), a member of Mr. Speaker, first of all, I would like Texas. Mr. Speaker, I rise in strong the committee. to commend the minority chairman support of H.R. 3130, the Undergraduate (Mr. LARSON of Connecticut asked and the chairman for a bipartisan bill Science, Mathematics, Engineering and and was given permission to revise and that really addresses the needs of our Technology Education Improvement extend his remarks.) Nation. And I say the needs of our Na- Act. I want to thank the gentleman Mr. LARSON of Connecticut. Mr. tion because when we look at tech- from New York (Mr. BOEHLERT), the Speaker, I want to thank our distin- nology, we look at our future and we gentleman from Texas (Mr. HALL), and guished leader for the opportunity to look at a vision of where we need to be, the gentleman from Michigan (Mr. speak here on the floor this afternoon. and that is preparing students in the SMITH) for working with me and my Let me begin by applauding the ef- area of science, technology, engineer- colleagues in a very bipartisan manner forts of the gentleman from New York ing and mathematics. We all realize it to develop the legislation now before (Mr. BOEHLERT), who has done an out- has declined, but yet the priorities the House. standing job. It has been my high were set there because a vision is there This bill focuses on two important honor and pleasure to work with him for our Nation, and that is to make issues. The first is to attract and re- over the past 3 years, and in the last sure that we prepare our students to tain more students in associate and year specifically, as this legislation make sure that they can guide us, be- baccalaureate degree programs in crit- has been developed. cause they are our future. ical science and technology fields. The It has been a longstanding concern of This bill addresses the problem by second issue is to ensure that all un- mine and clearly my constituents and funding a program at the NSF to pro- dergraduate students receive a quality people all around this country who un- vide grants to institutions of higher education experience in their science derstand intuitively, as the chairman education. These grants will be used to and technology courses, regardless of does, the need that exists out there to increase the number and quality of the career path they ultimately address this glaring inequity that has graduates from physical science, math- choose. existed in terms of making sure that ematics, engineering and technology One important component for dealing we have a pipeline that is full of stu- degree and transfer programs. with the problem of declining numbers dents who have expertise in math, Just as importantly, this bill recog- of students pursuing careers in science science, and engineering. Because of nizes that the institutions that serve and math and engineering for the long the obvious shortcomings in this area, unique purposes also have unique term is to increase participation in we risk this Nation’s becoming a sec- needs. Hispanic-serving institutes, his- these areas by individuals from under- ond-rate economic power if we do not torically black colleges and univer- represented groups. Under the Tech- address these concerns forthrightly. sities, Alaska-native-serving institu- nology Talent Act, the National This bill does exactly that. And typ- tions, native-Hawaiian-serving institu- Science Foundation is required to en- ical of his manner, the chairman once tions, and tribally controlled colleges sure that projects are supported that again has reached out and done this in and universities serve that special pur- would lead to increases in the numbers a bipartisan manner, garnering the pose. of science degrees by individuals from best ideas from both sides of the aisle, These institutions educate and train underrepresented groups. which in my humble estimation always underserved and often overlooked seg- The NSF is also encouraged to make leads to the best legislation. ments of our population. But this seg- use of existing Louis Stokes Alliance I am proud, as well, to join my col- ment of the population will not be for Minority Participation program, leagues on this side of the aisle, espe- overlooked by this bill because this bill which has a 10-year track record in at- cially the gentlewoman from Texas addresses those needs. And I want to tracting and maintaining minority stu- (Ms. EDDIE BERNICE JOHNSON), the gen- commend the chairman for doing that, dents in science-related degree pro- tleman from Colorado (Mr. UDALL) and because it is about inclusion of every- grams. H.R. 3130 also authorizes a new the gentleman from California (Mr. one; and this bill includes everybody in Minority-Serving Institutions under- HONDA), as well, who have fought hard this process. Inclusion and making sure graduate program to build up the ca- to make sure that issues like granting that no child, whether it is an adult, is pacity for these institutions. minorities greater access and greater left behind, and this includes that. In other provisions, the bill will help funding in these specific areas that are Today, we are establishing a program expand undergraduate education re- much needed in order for us to com- that would accomplish two things. form efforts at institutions of higher pete, were attended to. First, the program would award grants education throughout the Nation that Again, I would like to thank the gen- to minority-serving institutions to en- have demonstrated successful records tleman from Texas (Mr. HALL) for his hance the quality of undergraduate of accomplishment. It provides profes- efforts as well. science, mathematics, and engineering sional development opportunities for The defense of this Nation and its education at these institutions. These undergraduate faculty and expands the continued economic prosperity are in- grants also increase the retention and availability of research experiences for extricably tied and linked to our edu- graduation rates of students pursuing the undergraduate students, including cation system. And by providing an op- bachelors degrees in science, mathe- students at nonresearch institutions. portunity and incentives that will pro- matics or engineering. The bill also encourages the inclusion vide us with the kind of dedicated Mr. Speaker, I ask that we consider of innovative public-private partner- members of our society entering into this unique role and this unique need of

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.033 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4375 minority-serving institutions when we What we learned was that there is no single GENERAL LEAVE consider this important piece of legis- problem that has resulted in the talent gap Mr. BOEHLERT. Mr. Speaker, I ask lation. I ask my colleagues on both and workforce challenges we face today, but unanimous consent that all Members sides of the aisle to support this bipar- rather, an assortment of problems that de- may have 5 legislative days within tisan bill that is good for our Nation mand a variety of solutions. Much of the prob- which to revise and extend their re- and good for our country. lem is simply a supply and demand issue, the marks and submit extraneous material Mr. HALL of Texas. Mr. Speaker, I marketplace is increasingly demanding a in the RECORD on the bill just passed, have no further requests for time, and workforce skilled in the sciences and engi- H.R. 3130. I yield back the balance of my time. neering, while the supply of people capable of The SPEAKER pro tempore. Is there Mr. BOEHLERT. Mr. Speaker, I yield filling those positions has remained flat. objection to the request of the gen- myself such time as I may consume. This has forced us to look to foreign stu- tleman from New York? Mr. Speaker, let me conclude by say- dents to help fill the gap, and we now are in There was no objection. ing if a forensic expert were brought a situation where only half of all engineering f into the Committee on Science and doctoral degrees in the U.S. are awarded to asked to examine this piece of legisla- American students, and a similar dispropor- RECIPROCAL AGREEMENTS FOR tion, he would find on it the finger- tionate number of all high-tech jobs are filled SHARING PERSONNEL TO FIGHT prints of just about every single mem- by foreign workers. WILDFIRES ber of the committee, Democrat and One task that doesn’t require scientific or Mr. GOODLATTE. Mr. Speaker, I Republican alike. The hallmark of this engineering expertise and that can even be move to suspend the rules and pass the committee, as has been mentioned dur- understood by politicians is that if we don’t fill bill (H.R. 5017) to amend the Tem- ing this debate, is the inclusion. We the current talent gap in these fields, we risk porary Emergency Wildfire Suppres- want the ideas from everyone on the damaging America’s position the global eco- sion Act to facilitate the ability of the committee. I am proud to report to my nomic, technological, and scientific leader. Secretary of the Interior and the Sec- colleagues in the House that this is an In response to these challenges, the retary of Agriculture to enter into re- engaged committee. People are in- ciprocal agreements with foreign coun- volved in helping to shape responsible Science Committee has put forth the bipartisan effort that is before us today—the Tech- tries for the sharing of personnel to public policy. I am very proud to serve fight wildfires. in the capacity of chairman of a com- nology Talent Act. It establishes a performance-based competitive grant program at the The Clerk read as follows: mittee that is serving with such dis- H.R. 5017 tinction addressing the needs of the National Science Foundation that would provide funding for institutions of higher learning Be it enacted by the Senate and House of Rep- American people. resentatives of the United States of America in We have just been through 10 years, to implement innovative proposals designed to increase the number of undergraduates grad- Congress assembled, from March of 1991 to the end of the SECTION 1. RECIPROCAL AGREEMENTS FOR first quarter of last year, the longest uating in math, science, engineering, and SHARING PERSONNEL TO FIGHT period of sustained growth in modern technology. WILDFIRES. history for the economy. That growth It also addresses other areas such as insti- The Temporary Emergency Wildfire Sup- was largely driven by science, math, tutional reform and faculty development, and pression Act (42 U.S.C. 1856m et seq.), as amended by the Wildfire Suppression Assist- engineering, the technical people who authorizes NSF to provide awards to universities for improving their research instrumenta- ance Act, is amended by adding at the end are part of this Information Revolu- the following new section: tion and provide undergraduate students valu- tion. We had a slight downturn last ‘‘SEC. 5. SPECIAL TERMS FOR RECIPROCAL year, and then we had 9–11, but we are able research experience. AGREEMENTS FOR SHARING PER- on the rebound now. The bill takes advantage of NSF’s competi- SONNEL TO FIGHT WILDFIRES. If we are to experience, to realize, the tive, peer-reviewed system, allowing institu- ‘‘(a) TORT LIABILITY.—In entering into a re- next era of sustained growth in our tions to develop their own proposals to maxi- ciprocal agreement with a foreign country economy, we are going to have to be mize results and promote creativity. under section 3, the Secretary of Agriculture and the Secretary of the Interior may independent on our own people, our peo- The legislation also emphasizes account- clude as part of the agreement a provision ple who are well trained, our univer- ability and regular program evaluation, institu- that personnel furnished under the agree- sities that teach these very important tions that fail to meet the goals set forth in ment to provide wildfire presuppression or subjects. We cannot rely on just people their proposals may have their funding termi- suppression services will be considered, for from abroad to come rescue us, and nated or reduced. purposes of tort liability, employees of the that is too often the case now. We have It is clear that if we want to maintain our country receiving such services when the personnel provide services under the agree- got to grow our own, right here. competitive edge in the world—if we want to And so I am proud to present this bill ment. remain the top economic power, the top mili- ‘‘(b) ASSUMPTION OF LIABILITY; REMEDIES.— to the House, to my colleagues, and to tary force, and ensure the safety of our citi- The Secretary of Agriculture or the Sec- urge its adoption. zens from terrorist aggression—it is critical retary of the Interior shall not enter into Mr. SMITH of Michigan. Mr. Speaker, I rise that we do a better job of preparing our stu- any agreement under section 3 containing in support of H.R. 3130, the Technology Tal- dents for careers in science, mathematics, en- the provision described in subsection (a) un- ent Act of 2002. gineering, and technology. The Technology less the foreign country (either directly or For some time now, we have recognized the through the fire organization that is a party Talent Act provides the reforms necessary to to the agreement) agrees to assume any and need to improve math and science education meet these challenges. in America. The Science Committee, and the all liability for the acts or omissions of I would like to thank the Chairman for his American firefighters engaged in providing Research Subcommittee which I chair, has leadership on this legislation, and I urge all wildfire presuppression or suppression serv- taken one of the lead roles in advancing these members to support this bill. ices under the agreement in the foreign reforms. Last year, the House passed legisla- Mr. Speaker, I yield back the balance country. The only remedies for acts or omis- tion generated by our Committee, the Math of my time. sions committed while providing services and Science Partnerships Act, that authorizes under the agreement shall be those provided a number of programs at the National Science The SPEAKER pro tempore (Mr. under the laws of the host country, and those Foundation aimed at improving K–12 edu- WALDEN of Oregon). The question is on remedies shall be the exclusive remedies for cation. the motion offered by the gentleman any claim arising out of providing such serv- More recently, we have turned our attention from New York (Mr. BOEHLERT) that ices in a foreign country. ‘‘(c) PROTECTIONS.—Neither the firefighter, to an equally important problem: improving the House suspend the rules and pass the bill, H.R. 3130, as amended. the sending country, nor any organization math, science and engineering education at associated with the firefighter shall be sub- the undergraduate level. Our Subcommittee The question was taken; and (two- ject to any action whatsoever pertaining to held hearings to identify the problems of our thirds having voted in favor thereof) or arising out of providing wildfire current educational system, and more impor- the rules were suspended and the bill, presuppression or suppression services under tantly, to understand how to encourage and as amended, was passed. a reciprocal agreement under section 3.’’. support changes that will provide solutions to A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- these problems that benefit all students. the table. ant to the rule, the gentleman from

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.038 pfrm12 PsN: H09PT1 H4376 CONGRESSIONAL RECORD — HOUSE July 9, 2002 Virginia (Mr. GOODLATTE) and the gen- late. It ensures our Nation’s commit- available for acts and omissions in fire- tleman from Texas (Mr. STENHOLM) ment to combating wildfires and pro- fighting activities in the host country. each will control 20 minutes. vides assistance and relief to our do- Under this legislation, foreign fire- The Chair recognizes the gentleman mestic firefighters. fighters can readily assist us without from Virginia (Mr. GOODLATTE). I urge the Members of this body to the fear of being subjected to lawsuits. Mr. GOODLATTE. Mr. Speaker, I join me in taking this important step This legislation further provides that yield myself such time as I may con- today. By passing H.R. 5017, we can the tort liability protection would ex- sume. renew our efforts for wildfire suppres- tend to not only the firefighter but Mr. Speaker, I rise today in support sion and build strong working relation- also the individual’s home country and of H.R. 5017, introduced by my good ships with our foreign counterparts. any organization associated with the friend and colleague from Colorado Join me in declaring a strong commit- firefighter. (Mr. MCINNIS) to facilitate the ability ment to firefighting. Mr. Speaker, this legislation removes of the Secretary of the Interior and the I congratulate my colleague from barriers to the effective implementa- Secretary of Agriculture to enter into Colorado for this fine legislation and tion of reciprocal firefighting agree- reciprocal agreements with foreign urge my colleagues to support H.R. ments with foreign fire organizations. countries for the sharing of personnel 5017. It will increase the effectiveness of our to fight wildfires. Mr. Speaker, I reserve the balance of forest fire suppression activities. I urge Today, as we debate this issue, large my time. my colleagues to support this legisla- wildfires are burning across the coun- Mr. STENHOLM. Mr. Speaker, I yield tion. try. Over 3.1 million acres have already myself such time as I may consume. Mr. Speaker, I reserve the balance of been consumed and the worst may be Mr. Speaker, I rise in support of H.R. my time. yet to come. This bill provides a safety 5017, legislation to amend the Tem- Mr. GOODLATTE. Mr. Speaker, I net for ongoing fire-fighting efforts. porary Emergency Wildfire Suppres- yield myself such time as I may con- During these high levels of fire activ- sion Act. As we have heard, this legis- sume. ity, the wildfire agencies often run out lation is designed to promote and fa- My district in the State of Virginia of trained and qualified personnel cilitate the implementation of recip- has been struck by many severe forest available to fight these horrific blazes. rocal firefighting agreements with for- fires this season, but thankfully noth- This legislation would allow the U.S. eign countries for the purpose of sharing like what has been experienced in to bring in skilled firefighters from ing personnel to fight wildfires. the State of Colorado, and I am sure around the world to aid in the suppres- Specifically, H.R. 5017 will require that that accounts for the leadership sion of these overwhelming wildfires. that personnel furnished under recip- that the gentleman from Colorado (Mr. It is important to point out that for- rocal firefighting agreements be con- MCINNIS) has shown in introducing this eign nationals can only be used when sidered employees of the country re- legislation. He also serves as chairman all domestic sources are fully utilized. ceiving the assistance for purposes of of the Subcommittee on Forests and As I speak, there are over 12,000 per- tort liability. Mr. Speaker, these Forest Health of the Committee on Re- sonnel committed to fire-fighting du- agreements with foreign fire organiza- sources. ties. Depending on the number and nations are essential to suppress wildfire Mr. Speaker, I yield such time as he ture of the fires, that number may activities within our national forest may consume to the gentleman from reach 20,000 personnel in the next cou- system. Colorado (Mr. MCINNIS). ple of weeks. If this occurs, we will At the height of the forest fire season (Mr. MCINNIS asked and was given most likely deplete our domestic fire- in the United States, we may have up permission to revise and extend his re- fighting sources. The next step would to 12,200 firefighting personnel on the marks.) be to inquire for help from our inter- ground executing various fire suppres- Mr. MCINNIS. Mr. Speaker, I thank national neighbors in battling the sion duties. The conditions that these the gentleman for yielding me the wildfires or risk losing more property men and women face often demand time, and I would like to first of all and life. speedy alterations to existing fire- begin my remarks by saying that I ap- fighting plans if the forest fire takes an preciate the gentleman from Virginia’s b 1345 unexpected path. In order to minimize time, his subcommittee, and obviously Unfortunately, current law exposes the risk of loss of life and property, our his attention to this matter and the ur- foreign fire agencies to unreasonable firefighting crews need experienced su- gency of getting this bill passed. It is a liability when responding to requests pervision and guidance at all times. critical bill. by the U.S. Government during a na- Unfortunately, with 244 significant I appreciate the comments the gen- tional emergency. Consequently, ex- forest fires burning simultaneously, tleman from Texas (Mr. STENHOLM) changes or requests for assistance dur- the supervisory capacity of the U.S. made. They were all exactly on point. I ing the critical part of fire season will Forest Service and the U.S. Depart- think he has explained very well the not be honored by foreign firefighters. ment of the Interior are stretched to crisis we face. This bill provides foreign agencies and the limits. As a remedy to this prob- My district is the Third District of their firefighters coverage from liabil- lem, the United States has sought the the State of Colorado. That district ity during performance of official du- assistance of mid-level managers from geographically is larger than the State ties and will not expose the U.S. Gov- Australia and New Zealand by entering of Florida. It is unique in that it is the ernment to liability or death or dis- into reciprocal firefighting agree- highest place on the continent, and we ability for foreign nationals that are ments. do not usually see the kind of fires be- covered under the foreign agencies’ H.R. 5017 would eliminate the risk of cause of the elevations that we are at normal insurance policies. tort liability to foreign firefighters and in that district, we do not usually see This bill supplies the protection their governments while foreign per- the intensity of the fire that we are needed in order for foreign fire man- sonnel are providing assistance to the seeing this year. agement agencies to provide fire- United States. The foreign firefighters That intensity, of course, has been fighters to the United States. It does would be considered to be Federal em- brought on through a couple of dif- not grant special protection to foreign ployees for the limited purpose of se- ferent factors. One, we are experiencing firefighters. It simply provides the curing them coverage under the Fed- the worst drought we have seen prob- same level of protection that we give eral Tort Claims Act. ably in 100 years in Colorado, and two, our own firefighters and the fire- This legislation would also require unfortunately, we have had a number fighters we use from State, county, that foreign countries or States extend of national environmental organiza- volunteer and municipal fire agencies a reciprocal benefit to United States tions who have, in my opinion, pre- for Federal firefighting efforts. firefighters in the event the United vented us from thinning the forest in This legislation strives to ensure States provides personnel to them, and such a way that we can properly man- that we will have the ability to commit it would make the laws of the host age these forests, but those are issues more personnel as fire situations esca- country the only source of remedies for another day.

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.041 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4377 The issue before us here today, as ex- rado, if we took a look at what actu- thinning and managing these forests as plained by the gentleman from Texas ally has burned in Colorado, we would we should. Fire must be managed. We (Mr. STENHOLM) and as explained by see it is significantly less than 1 per- just cannot let it go. We have seen the the gentleman from Virginia (Mr. cent. Unfortunately, across the coun- results of what has happened when it GOODLATTE), is the fact that emergency try, because of the media coverage of gets out of control, and fortunately, we personnel, our firefighters, this is a these horrible fires, these fires have have a couple of countries willing to very difficult task to undertake. people thinking the whole State is on help us out. Last year, as my colleagues will re- fire, and we have seen a tremendous Again, I want to especially thank the call, we appropriated a dramatic in- drop in our tourism, not only in Colo- ranking member and the chairman. crease in the firefighting budgets back rado but Arizona as well, for no reason Mr. Speaker, I rise today in strong support here. We authorized a hiring of thou- at all. The majority, like I said, 99 of H.R. 5017, a bill that would amend the sands of new firefighters. We have ac- point some percent of Colorado, is open Temporary Emergency Wildfire Suppression tually purchased 10,000 new pieces of for tourism, and it is a great place to Act to enhance the ability of the Secretary of fire equipment which range in every- visit, as is Arizona. the Interior and the Secretary of Agriculture to thing from tankers to bulldozers and so That said, I want to point out that in enter into reciprocal agreements with foreign on, but this year, even that is not the season that we are facing, here are countries for the sharing of personnel to fight enough, and we need some assistance. a couple of unique things. One, we go wildfires. At the outset, I want to thank five There is no effort whatsoever nor any to what we call a level 5. Across this Members of this body who have been nothing actual occurrence of any displacement country, the national fire emergency short of essential in getting this bill to the of any American worker by using for- system, our alert system goes clear to House floor in very short order—Congressman eign assistance. In fact, for many years level 5. Level 5 is the highest and we JIM HANSEN, chairman of the Resources Com- we have used this foreign assistance are now currently in a level 5 situa- mittee, Congressman HENRY HYDE, chairman primarily with Australia and New Zea- tion. It is not unique that we go to a of the International Relations Committee, Con- land, and that is pretty self-explana- level 5 situation. In fact, we have done gressman LARRY COMBEST, chairman of the tory in that Australia and New Zealand it several times in the past, but what is Agriculture Committee, and Congressman JIM have opposite seasons of the United unique is we have never gone to a level SENSENBRENNER, chairman of the Judiciary States. So while we are in our summer, 5 system prior to July 28. We actually Committee and JEFF FLAKE. Each of these right now they are in their winter, and went to level 5 two weeks ago. So we Members, and their respective staffs, were in- we actually have an exchange program are almost 6 weeks, almost 6 weeks strumental in fast tracking this legislation to that is in place. ahead of what we have ever gone to in the full House today, less than 2 weeks after Unfortunately, the Australians be- this emergency status before. I first introduced it. came very concerned, and I think le- So my colleagues can understand the In practical terms, H.R. 5017 would clear gitimately concerned, about the fact of importance of getting this exchange the way for scores of firefighters from Australia their firefighters being in the United program back on track. As I said, it and other countries to immediately join forces States, with the kind of litigious soci- was already in place. We are not cre- with the thousands of brave Americans on the ety that we have. We have lots of law- ating a new wheel here. It is a wheel frontlines of our battle against catastrophic suits filed in this country, many, that got taken off the track, and we wildfire out West and in other parts of the many, many, many times more than are trying to put it back on the track. any other country in the world, and I should point out also that the Na- country. And make no mistake about it, Mr. Australia and New Zealand are reluc- tional Interagency Fire Center, in de- Speaker, we need all the reinforcements we tant to send their firefighters up here, claring this readiness number 5, also can get. then to see their firefighters trying to acknowledges the importance of these The 2002 fire season is well on its way to help our country fight our fires ending management personnel that our coun- becoming among the largest and most de- up being named in litigation. tries exchange. structive in recorded history. It is on pace to So this bill is very, very important I would ask support from my col- eclipse the catastrophic 2000 fire season for us to pass on an immediate basis. leagues, and once again, I want to par- when 122,000 fires burned 8.5 million acres, This bill was introduced by me about a ticularly thank my colleagues that destroying over 800 homes and structures. Al- week ago. It is very uncommon in the helped us get this through on an expe- ready this year, we’ve burned well over 3 mil- House of Representatives for a bill to dited basis. Any one of those chairmen lion acres, which by itself is nearly three times go through the House this quickly. The of any one of those committees could the average for an entire year. What’s most only way we were able to do that, have slowed this bill down, could have alarming about this statistic is that, historically, frankly, is through the assistance of insisted that this bill run the regular wildfire burns the hottest, largest, and most not only the chairman and the gen- course that a bill usually runs, but frequent in the latter parts of July and into Au- tleman from Texas (Mr. STENHOLM), every one of those chairmen, to the gust and September. The wildfire forecast for the ranking member, but I also want to person and to the credit of the chair- the coming months, Mr. Speaker, is ominous thank five other members of the body; man and ranking member, understood indeed. the gentleman from Utah (Mr. HAN- the urgency and the importance of get- In response to this growing crisis on the na- SEN), who is chairman of Committee on ting assistance out there on the ground tional forests and public lands, the National Resources; the gentleman from Illinois fighting these fires. Interagency Fire Center recently declared a (Mr. HYDE), chairman of the Com- We expect a very full fire season national preparedness level of 5, the highest mittee on International Relations; the ahead of us. We expect, as my col- readiness threshold for our wildland firefighting gentleman from Texas (Mr. COMBEST), leagues know, and I would point out, agencies. This heightened readiness stage al- the chairman of the Committee on Ag- unfortunately, we have had fatalities lows the Forest Service and Department of In- riculture; and the gentleman from Wis- so far. We had a fireman killed in Du- terior agencies to more readily tap the assets consin (Mr. SENSENBRENNER), chairman rango, and to his family we wish God- of the military and other agencies not typically of the Committee on the Judiciary; as speed. We lost five firemen not very far oriented to fighting wildfires. The Readiness 5 well as the gentleman from Arizona from my house on the highway in a ve- declaration was Uncle Sam’s way of saying (Mr. FLAKE), who gave a great deal of hicle accident as they were going to it’s time to deploy all available resources, and effort and who himself has suffered a the scene of a fire, and Godspeed to pull out all available stops. 450,000-acre fire in Arizona. their families as well, but we are going But even as we do, we would be remiss not Before I finish my comments here, to get them assistance. to tap into the formidable human resources of and I do have to read some comments I would ask all of my colleagues to our friends and allies overseas, many of whom for the RECORD, I do want to point out support this. I expect unanimous sup- have considerable experience fighting wildfire. that the State of Colorado and the port of the bill, and I will be back with Countries like Australia and New Zealand State of Arizona are open for business. discussions on this floor to talk about have particular appeal in this regard because I wish I would have brought my sat- the necessity of thinning forests, to their fire season occurs during our winter ellite picture. Despite all the stories talk about the litigation and the ap- months, making their firefighters open and my colleagues have heard about Colo- peal process that has stopped us from available during our fiery summer months.

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 9920 E:\CR\FM\K09JY7.044 pfrm12 PsN: H09PT1 H4378 CONGRESSIONAL RECORD — HOUSE July 9, 2002 Congress recognized this years ago with the Mr. FLAKE. Mr. Speaker, I thank was introduced, the Hayman fire was still enactment of the Temporary Emergency Wild- the gentleman for yielding me the burning in Colorado and the Rodeo-Chedeski fire Suppression Act, where it authorized the time. fires were raging in Arizona. Various other Secretaries of Interior and Agriculture to enter Mr. Speaker, I do come from the fires were also burning; together they were al- into reciprocal arrangements that, in essence, State of Arizona where we have had most expending the resources we have avail- amount to a foreign firefighter exchange pro- 450,000 acres burn already this year. able to fight these blazes. gram. These reciprocal agreements allow us The entire West, as mentioned by the At that point there was a strong concern to borrow on the expertise of foreign fire- gentleman from Colorado, is a tinder- that there wouldn’t be enough management fighters when a need arises, and vice-versa. box at this point. We are at level 5, the level personnel to keep all the necessary In 2000, this authority was particularly use- first time we have reached level 5 this frontline firefighters fighting the blazes. This ful. Firefighters from Australia and New Zea- early in the year. legislation prevents that from occurring. The land fought shoulder-to-shoulder with Amer- Arizona, as mentioned, lost about 600 legislation before us makes it possible to en- ican firefighters at a time when we quite frank- square miles to fire. We still have a lot sure sufficient management level firefighters in ly needed the help. By all accounts the ex- of Ponderosa pine forest left. We have the event of catastrophic fires by providing change program was a huge success. the largest stand of Ponderosa pine for- protections to firefighters, sending countries Which brings us to today. While the Wildfire est in the country. Many of my col- and any organization associated with the fire- Suppression Act has been a huge help and leagues, particularly from the East fighter from any liability resulting from actions major success, new exchange agreements Coast, were surprised to hear that we taking place while fighting fires here in the have been stalled because of legitimate liabil- had forests in Arizona, let alone that United States. ity concerns on the part of Australia and other they were burning. Also provided within the legislation is a re- countries with whom we have historically We had a horrible fire that was fi- ciprocal agreement providing the same protec- partnered. Our bill would address those con- nally contained after 2 weeks, con- tion to American firefighters who go to other cerns in straightforward fashion by eliminating tained fully on Sunday. That fire is countries to assist in fire suppression or fire- the risk of tort liability to foreign firefighters contained, but I can tell my colleagues fighting. With the West experiencing a severe and their governments while foreign personnel that this season is not done, and this drought and one of the worst fire seasons it are providing assistance to the United States. legislation recognizes the need to have has ever seen on record, fire managers are It requires that foreign nations extend a recip- firefighters, particularly in a manage- expecting a busy summer. rocal tort claims benefit to United States fire- ment capacity, come here and to en- Remove the constraints that prevent man- fighters in the event the United States pro- sure that we have the forces necessary agement level firefights from ensuring we can vides similar assistance to them. The pro- to put out these fires. meet the demands of this season. Support this posed legislation would also deem foreign fire- When the lightning seasons hit, we legislation. fighters to be federal employees for the limited had some lightning just a couple of purpose of securing them coverage under the days ago, five new fires started quick- b 1400 Federal Tort Claims Act. Finally, it would make ly, had to be suppressed, and we are Mr. STENHOLM. Mr. Speaker, I urge the laws of the host country the only source of going to see a lot more of that this support of the bill, and I yield back the remedies available for acts and omissions in year. So it is very important that we balance of my time. firefighting activities in the host country. pass this legislation. Mr. GOODLATTE. Mr. Speaker, I Mr. Speaker, I’ve been told that there are I thank the gentleman from Colorado yield back the balance of my time. 100 or so Australian firefighters all but on the for introducing it and for the chair- The SPEAKER pro tempore (Mr. tarmac ready to fly out to the United States to men, as he mentioned, who moved it so WALDEN of Oregon). The question is on join our firefighting forces pending the enact- quickly to this point. the motion offered by the gentleman ment of this legislation. This highly skilled We have a situation in Arizona and from Virginia (Mr. GOODLATTE) that group will provide support in the place that it’s throughout the West where we have far the House suspend the rules and pass needed the most right now—management cal- too much fuel that allows these fires to the bill, H.R. 5017. iber firefighters directing and overseeing rank- burn far hotter and spread far faster The question was taken; and (two- and-file firefighters on the front lines. This bill than they would otherwise. These are thirds having voted in favor thereof) will ensure that this area of need is met in a things that we need to address as we the rules were suspended and the bill meaningful way for the duration of this and fu- look to the future, but for now, we was passed. ture fire seasons. need to ensure the firefighters are on A motion to reconsider was laid on Mr. Speaker, this is a commonsense bill that the ready. That is what this legislation the table. is a real priority for Secretary Norton and Sec- does. f retary Veneman, just as it is for me. I hope I urge my colleagues to support it and trust that my colleagues will join with me when it comes to the floor. GENERAL LEAVE Mr. Speaker, In August of 2000, 68 fire- in supporting it. Mr. GOODLATTE. Mr. Speaker, I ask fighters from Australia arrived in Montana to Mr. STENHOLM. Mr. Speaker, I re- unanimous consent that all Members help their American counterparts bring serve the balance of my time. may have 5 legislative days within Mr. GOODLATTE. Mr. Speaker, I wildfires under control. At that time more than which to revise and extend their re- yield myself such time as I may con- 70 fires were burning in 12 U.S. states that marks on H.R. 5017, the bill just consid- sume. prompted the call for assistance. ered. The other State that was referenced After devastating wildfires in 2000, long-term The SPEAKER pro tempore. Is there by the gentleman from Colorado that agreements were negotiated with Australia objection to the request of the gen- has been absolutely devastated by and New Zealand. These agreements have tleman from Virginia? wildfires this summer is the State of not been implemented, however, due to con- There was no objection. Arizona, and I thank very much the cerns that the foreign firefighting personnel gentleman from Arizona (Mr. FLAKE) would face liability for alleged torts committed f for his contribution to this legislation while their personnel were furnishing assist- IMPROPER PAYMENTS and his efforts to make sure that fire- ance to the U.S. Over 450,000 acres of land INFORMATION ACT OF 2002 fighting capabilities in the State of Ar- burned in the widely publicized fire of Arizona. izona, as well as the rest of the coun- The National Interagency Fire Center has Mr. HORN. Mr. Speaker, I move to try, are supplemented with foreign fire- declared a state of ‘‘Preparedness Level 5’’— suspend the rules and pass the bill fighters as we need them, and I thank indicating the highest level of risk and the (H.R. 4878) to provide for reduction of him for that effort. need for the greatest degree of preparedness improper payments by Federal agen- Mr. Speaker, I yield such time as he due to the severity of fire season conditions. cies, as amended. may consume to the gentleman from For safety purposes, for every twenty fire- The Clerk read as follows: Arizona (Mr. FLAKE). fighters on the front line of a fire there must H.R. 4878 (Mr. FLAKE asked and was given be one management level firefighter to super- SECTION 1. SHORT TITLE. permission to revise and extend his revise and ensure the safety of the men in the This Act may be cited as the ‘‘Improper marks.) field. Fourteen days ago when this legislation Payments Information Act of 2002’’.

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.011 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4379 SEC. 2. ESTIMATES OF IMPROPER PAYMENTS scribe guidance to implement the require- first step by the Bush administration AND REPORTS ON ACTIONS TO RE- ments of this section. by requiring Federal agencies to iden- DUCE THEM. (a) IDENTIFICATION OF SUSCEPTIBLE PRO- The SPEAKER pro tempore. Pursu- tify the programs that are vulnerable GRAMS AND ACTIVITIES.—The head of each ant to the rule, the gentleman from to significant improper payments. agency shall, in accordance with guidance California (Mr. HORN) and the gentle- Currently, only eight agencies report prescribed by the Director of the Office of woman from Illinois (Ms. SCHAKOWSKY) on improper payments made in 13 pro- Management and Budget, annually review all will each control 20 minutes. grams out of hundreds of Federal agen- programs and activities that it administers The Chair recognizes the gentleman cies and programs. This bill would re- and identify all such programs and activities from California (Mr. HORN). quire all agencies to include in their that may be susceptible to significant im- GENERAL LEAVE budget submissions an estimate of improper payments. (b) ESTIMATION OF IMPROPER PAYMENT.— Mr. HORN. Mr. Speaker, I ask unani- proper payments for each program that With respect to each program and activity mous consent that all Members may might be susceptible to significant im- identified under subsection (a), the head of have 5 legislative days within which to proper payments. If an agency esti- the agency concerned shall— revise and extend their remarks and to mates that improper payments in a (1) estimate the annual amount of im- include extraneous material on H.R. program exceed $1 million a year, or 1 proper payments; and 4878. percent of the total program budget, (2) include that estimate in its annual The SPEAKER pro tempore. Is there whichever is lower, the agency would budget submission. (c) REPORTS ON ACTIONS TO REDUCE IM- objection to the request of the gen- also have to explain what it is doing to PROPER PAYMENTS.—With respect to any pro- tleman from California? reduce them. gram or activity of an agency with esti- There was no objection. Since the 104th Congress, the sub- mated improper payments under subsection Mr. HORN. Mr. Speaker, I yield my- committees I have chaired have held (b) that exceed one percent of the total pro- self such time as I may consume. approximately 100 hearings on wasteful gram or activity budget or $1,000,000 annu- Mr. Speaker, H.R. 4878, the proposed spending within the Federal Govern- ally (whichever is less), the head of the agen- Improper Payments Information Act of ment. Time and again witnesses from cy shall provide with the estimate under sub- 2002, is intended to get a handle on the the General Accounting Office and section (b) a report on what actions the vexing problem of improper payments agency is taking to reduce the improper pay- agency inspectors general have told the ments, including— made by Federal agencies. The few subcommittee that poor accounting (1) a statement of whether the agency has agencies that do make estimates for systems and procedures have contrib- the information systems and other infra- some of their programs report im- uted to the government’s serious and structure it needs in order to reduce improper payments of about $20 billion. long-term problems involving improper proper payments to minimal cost-effective Each year, the Federal Government payments. These hearings have clearly levels; wastes countless billions of taxpayer demonstrated the need for H.R. 4878. (2) if the agency does not have such sys- funds on improper payments. Some of In fact, at a recent subcommittee tems and infrastructure, a description of the these payments result from fraud or resources the agency has requested in its hearing, General Accounting Office budget submission to obtain the necessary abuse. Many others represent simple witnesses stated that this legislation is information systems and infrastructure; and mistakes. What all of these improper critically important. Based on these (3) a description of the steps the agency payments have in common is that they hearings, the subcommittee marked up has taken to ensure that agency managers should never have been made. H.R. 4878 on June 18, 2002. (including the agency head) are held ac- I refer to countless billions of dollars H.R. 4878 is a bipartisan and com- countable for reducing improper payments. in improper payments because no one mon-sense bill. I am pleased that the (d) DEFINITIONS.—For the purposes of this really knows the magnitude of the ranking member of the subcommittee, section: problem. Incredible as it may seem, the gentlewoman from Illinois (Mr. (1) AGENCY.—The term ‘‘agency’’ means an executive agency, as that term is defined in Federal agencies are not required on SCHAKOWSKY), and our full committee section 102 of title 31, United States Code. any kind of government-wide or sys- chairman, the gentleman from Indiana (2) IMPROPER PAYMENT.—The term ‘‘im- tematic basis to estimate how much (Mr. BURTON), and the gentlewoman proper payment’’— money they spend improperly. There- from New York (Mrs. MALONEY) are (A) means any payment that should not fore, most do not even try. The few among those cosponsoring the bill, and have been made or that was made in an in- agencies that do make estimates for I urge all my colleagues to support this correct amount (including overpayments and some of their programs report im- important bill. underpayments) under statutory, contrac- proper payments of about $20 billion tual, administrative, or other legally appli- Mr. Speaker, I reserve the balance of cable requirements; and annually, and I will say that again, $20 my time. (B) includes any payment to an ineligible billion, not million dollars, billion dol- Ms. SCHAKOWSKY. Mr. Speaker, I recipient, any payment for an ineligible lars, every single year in just a handful yield myself such time as I may con- service, any duplicate payment, payments of Federal programs. sume. for services not received, and any payment Staggering as that figure is, it rep- I am pleased to be on the floor today that does not account for credit for applica- resents the tip of a very large iceberg. with the gentleman from California to ble discounts. For example, during fiscal year 2000, support passage of this bill. I thank the (3) PAYMENT.—The term ‘‘payment’’ means the Department of Health and Human chairman for his willingness to work any payment (including a commitment for future payment, such as a loan guarantee) Services estimated it made more than with the Democrats on the committee that is— $12 billion in improper payments in its to produce a bill that we can all sup- (A) made by a Federal agency, a Federal Medicare fee-for-service program, but port. contractor, or a governmental or other orga- the figure did not include any improper As the chairman pointed out, this is nization administering a Federal program or payments that might have been made a bill to make agencies more keenly activity; and in the Medicaid. No one, including the aware of the problem of improper pay- (B) derived from Federal funds or other General Accounting Office, has esti- ments and to get the agencies to ad- Federal resources or that will be reimbursed mated that figure. dress the problem at the front end. We from Federal funds or other Federal re- The obvious starting point toward re- have learned from our work on debt sources. (e) APPLICATION.—This section— ducing improper payments made by the collection that collecting improper (1) applies with respect to the administra- Federal Government is to understand payments is more difficult than avoid- tion of programs, and improper payments the nature and extent of the problem. ing the mistakes in the first place. The under programs, in fiscal years after fiscal The agencies and Congress must find problem is that there is no incentive year 2002; and out which programs are at risk and for agencies either to collect debt or to (2) requires the inclusion of estimates what causes those risks. Only then can avoid improper payments. under subsection (b)(2) only in annual budget we find effective remedies. Improper payments occur in a num- submissions for fiscal years after fiscal year 2003. The President’s Management Agenda ber of ways: Agencies pay invoices (f) GUIDANCE BY THE OFFICE OF MANAGE- for fiscal year 2002 has made the reduc- more than once, some unscrupulous MENT AND BUDGET.—The Director of the Of- tion of improper payments a real pri- merchants bill agency credit cards fice of Management and Budget shall pre- ority. H.R. 4878 builds upon that very when no purchase has been made, and

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.010 pfrm12 PsN: H09PT1 H4380 CONGRESSIONAL RECORD — HOUSE July 9, 2002 the agency does not adequately mon- government more transparent to its tlewoman from Illinois (Ms. itor the bills. stockholders, the American people. SCHAKOWSKY). We also are delighted Medicare is a large source of im- Twenty-four agencies are required to with his ideas. This is a bipartisan bill. proper payments because of the con- prepare audited financial statements, Mr. Speaker, I yield back the balance flict between the deadline for making and several agencies voluntarily pre- of my time. payments and the length of time it pare such statements. H.R. 4878 will re- Ms. SCHAKOWSKY. Mr. Speaker, I takes to determine if the patient has quire executive agencies to identify all yield myself such time as I may con- private insurance. Medicaid is also a spending programs that may be vulner- sume. source of improper payments, in part able to significant improper payments Mr. Speaker, once again I would like from unscrupulous providers. However, and to annually estimate the amount to thank the chairman for his willing- Medicaid has yet to estimate the ex- of improper payments involving those ness and openness and cooperation tent of the problem. programs. with the Democrats, and I would also It is also the case that improper pay- This is an extremely important topic, like to take a moment of personal privilege to commend the chairman for ments are made to individuals. These given the tightening of the Federal belt always thanking the hard-working cases often arise because of difficulties of late and the need to keep our coun- staff of both parties for the hard work in determining eligibility for a pro- try strong during this time of war and that they do, both in committee and on gram like food stamps or Social Secu- economic concern. the floor. I think it is a wonderful rity disability. Often those problems Ms. SCHAKOWSKY. Mr. Speaker, I thing to acknowledge that work. I are not the fault of the recipient, but yield myself such time as I may con- would like to join him and associate come from errors in administering the sume. myself with his appreciation and con- program. Mr. Speaker, I just really want to gratulations for the hard work of our These programs serve the weak and end with this. H.R. 4878 tightens up the staff. downtrodden. The program rules are Federal Government’s accounting prac- Mr. Speaker, I yield back the balance such that most tax accountants would tices. This is a good thing. We need to of my time. have a difficult time figuring them out. be sure that the way we do business is The SPEAKER pro tempore (Mr. It is especially important in these on the up-and-up, and we clearly need WALDEN of Oregon). The question is on cases that we make sure the agency to do more to require corporate Amer- the motion offered by the gentleman gets it right the first time. If it does ica to do the same. from California (Mr. HORN) that the not, then months or years later the We are asking government agencies House suspend the rules and pass the agency discovers the error and tries to to improve the management and ac- bill, H.R. 4878, as amended. recapture the mispayments from the countability of the agencies. We must The question was taken; and (two- individual. This is an extreme hardship ask the same of corporate leaders. thirds having voted in favor thereof) on those individuals. We must not let They must be accountable for the com- the rules were suspended and the bill, agency mistakes become another bur- pany’s financial health, be honest with as amended, was passed. den on the poor. the public, and there must be con- The title of the bill was amended so I hope this bill will help those agen- sequences for breaching those trusts. as to read: ‘‘A bill to provide for esti- cies develop a better understanding of For years, we have asked government mates and reports of improper pay- how these mistakes come about and to act more like a business. We need to ments by Federal agencies.’’. correct the mistakes before they hap- turn that around and ask businesses to A motion to reconsider was laid on pen. be as accountable as the government. the table. Again, Mr. Speaker, I thank the H.R. 4878 is based on the principle f chairman for working with us to bring that making information publicly CONCERNING RISE IN ANTI- this bill to the floor. available will change the way people SEMITISM IN EUROPE Mr. Speaker, I reserve the balance of and agencies behave. This is under- my time. Mr. GILMAN. Mr. Speaker, I move to scored by the activities of Enron and suspend the rules and agree to the reso- Mr. HORN. Mr. Speaker, I yield 5 WorldCom. They knew that if the pub- minutes to the gentleman from Okla- lution (H. Res. 393) concerning the rise lic was aware of what they were doing, in anti-Semitism in Europe, as amend- homa (Mr. SULLIVAN), who is a hard- the company would falter, and so they working member of the subcommittee ed. tried to spin their way out of trouble. The Clerk read as follows: and who we are delighted to have; and I think the steps that we are taking before he begins, I wish to thank the Whereas there can be no justification for today in terms of government account- violence or intolerance against minorities; gentlewoman for her kind comments ability are important, and that we Whereas the 1993 Helsinki Declaration ex- and her work on this particular bill. should seek unanimous support from pressed the commitment of its signatories, Mr. SULLIVAN. Mr. Speaker, I our colleagues, but also we need to including all European member states, to the thank the gentleman from California think about ways that we can extend promotion of tolerance toward minorities; (Mr. HORN) for all his hard work in these practices and make sure that cor- Whereas there has been a significant rise making this bill possible and making porate America abides by these same in anti-Semitic verbal incitement and phys- the government accountable to the ical attacks on Jewish people and Jewish in- government rules. stitutions throughout Europe during the last people in America. Mr. Speaker, I reserve the balance of 18 months with as many as 400 incidents re- This bill is extremely important. my time. ported in France; When we talk about accountability 1415 Whereas anti-Semitism is defined as hos- from the Federal Government, this is b tility towards Jews; exactly the kind of bill that America Mr. HORN. Mr. Speaker, I yield my- Whereas certain groups in Europe have ex- thinks of. An improper payment, as de- self such time as I may consume. ploited the situation in the Middle East as fined by the bill, includes overpay- Mr. Speaker, I would like to thank an excuse to carry out violent acts against ments, underpayments, duplicate pay- the staff that worked very hard, night Jews; Whereas, although the continued violence ments, payments to ineligible recipi- and day, on this particular bill. That is in the Middle East is disturbing and must be ents, payments for ineligible services, staff director Russell George; deputy resolved, exploiting that violence to fuel and payments for services not received. staff director Bonnie Heald; senior hostility or violence against Jews and Jew- Countless billions of dollars of tax- counsel Henry Wray; and we are proud ish institutions is reprehensible; payer funds are wasted each year to have a very fine young lady from the Whereas, according to news reports, the through improper payments. However, General Accounting Office, Rosa Har- following anti-Semitic attacks are among the extent of improper payments in the ris, who is a detailee to our sub- those which have taken place in Europe in Federal Government is unknown since committee, and she has done a great recent weeks— (1) on March 3, Molotov cocktails were Federal agencies are not required by job on all things related to financial thrown at a synagogue in Antwerp, Belgium, law to estimate or report them. management. (2) on March 16, an explosive device was In 1990 and 1994, Congress passed im- I also thank David McMillian, the thrown into a Jewish cemetery in Berlin, portant pieces of legislation to make professional staff member for the gen- Germany,

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.049 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4381 (3) on March 30, two vehicles were smashed national Relations, and the ranking nessing now is not some broader phe- at La Duchere synagogue in Lyon, France, member, the gentleman from Cali- nomenon so readily characterized as a and a kosher butcher shop was strafed by fornia (Mr. LANTOS). problem in community relations or gunfire in Toulouse, France, H. Res. 393 discusses many reported racism. Rather, by attempting to char- (4) on April 1, a Jewish school was at- acterize the recent anti-Semitic vio- tacked in Sarcelles, France, a firebomb was anti-Semitic crimes over the past 18 thrown at the Anderlecht synagogue in Brus- months, including 400 incidents re- lence in such terms, European leaders sels, Belgium, the Or Aviv synagogue (in- ported in France alone. The resolution are doing nothing more than obfus- cluding its Torah scrolls) in Marseille, recites a number of these anti-Semitic cating, or even denying the unique France, was destroyed by fire, and two Ye- crimes that have occurred over the problem at hand, and are thereby, in shiva students from New Jersey were bru- past few years. It calls upon European effect, permitting it to continue. tally beaten in Berlin, Germany, governments to take necessary steps to Decisive action against perpetrators (5) on April 4, vehicles belonging to a Jew- ensure the well-being of their Jewish of anti-Semitic crimes in Europe must ish school were burned in Aubervilliers, communities and to speak out against be taken, including the pursuit and France, and a synagogue in Montpellier, prosecution of suspects, as well as the France, was firebombed, anti-Semitic expressions, to prosecute (6) on April 6, a Jewish sports association perpetrators of anti-Semitic violence, upgrading of security at Jewish insti- storefront was firebombed in Toulouse, and to cultivate an atmosphere in tutions. But even more important, the France, which all forms of anti-Semitism will nature of the problem must be recog- (7) on April 11, in Bondy, France, a Jewish be rejected. nized for what it truly is. The problem soccer team was attacked with sticks and Since the outbreak of Palestinian vi- I am talking about is the intentional, metal bars after the attackers shouted anti- olence in Israel almost 2 years ago, the deliberate targeting of Jews simply be- Semitic remarks, European continent has witnessed an cause they are Jews, as well as the de- (8) on April 12, a Jewish cemetery was upsurge in violent anti-Semitic at- sire to use the crisis in Israeli-Pales- desecrated in Strasbourg, France, tinian relations as a pretext for terror- (9) on April 13, synagogue worshipers were tacks directed at both Jewish institu- attacked in Kiev, Ukraine, and tions and individuals. It has been un- izing Jews simply due to their religious (10) on May 1, in the Finsbury Park syna- precedented in magnitude and bru- affiliation and not due to any actual gogue in London, England, vandals defaced tality since World War II. harm they may have caused to anyone prayer books and painted swastikas through- Anti-Semitic crimes, including the else. A central tenet of H. Res. 393 is out the sanctuary; intentional destruction and desecra- that exploiting the violence in the Mid- Whereas anti-Semitic attacks are not con- tion of synagogues and other Jewish dle East to fuel hostility or violence fined to a single European nation; institutions, as well as violent assaults against Jews and Jewish institutions is Whereas President Bush, speaking for the reprehensible. American people, has rejected ‘‘the ancient against individual Jews, are not isolated to any particular neighborhood I applaud today’s U.S.-German public evil of anti-Semitism’’ making specific ref- meeting in the city of Berlin on the erence to anti-Semitism in Europe; and or to any particular city or to any par- Whereas Europe, in view of its history, ticular country of Europe. Rather, out- issue of anti-Semitism, and I urge should be particularly sensitive to the bursts of anti-Semitic violence have member and observer states of the Or- scourge of anti-Semitism and anti-Semitic come to plague the entire continent. ganization for Security and Coopera- violence: Now, therefore, be it Our allies of Europe have not done tion in Europe to seize this oppor- Resolved, That it is the sense of the House enough until now either to recognize tunity of the current annual session of of Representatives that— their Parliamentary Assembly to hold (1) the governments of Europe should con- the seriousness of this problem for its urgency or to take any decisive action a special meeting on anti-Semitism. tinue to take necessary steps to provide se- Accordingly, I urge Members to vote curity and to protect the safety and well- against those who fuel hatred and per- for H. Res. 393, which sends a strong being of their Jewish communities; petrate criminal acts against Jewish message that the well-being of the (2) the governments of Europe should de- populations. Jews of Europe half a century after the plore anti-Semitic expressions and should The results of a recent Anti-Defama- Holocaust remains a serious concern of prosecute and punish perpetrators of anti-Se- tion League opinion survey concerning mitic violence; and the United States to this very day, and European attitudes toward Jews, to- (3) the governments of Europe should con- will remain a priority of ours. Presi- wards Israel and the Palestinian-Israeli tinue to make a concerted effort to cultivate dent Bush has rejected this problem conflict conducted in Belgium, Den- an atmosphere in which all forms of anti- calling it ‘‘this ancient evil.’’ Semitism are rejected. mark, France, Germany, and the Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. Pursu- United Kingdom reveal that 30 percent my time. ant to the rule, the gentleman from of Europeans surveyed harbored tradi- Mr. LANTOS. Mr. Speaker, I yield New York (Mr. GILMAN) and the gen- tional anti-Semitic stereotypes and ap- myself such time as I may consume. tleman from California (Mr. LANTOS) proximately one-third of French and Mr. Speaker, as the only survivor of each will control 20 minutes. Belgian respondents said they were un- the Holocaust ever elected to the Con- The Chair recognizes the gentleman concerned or fairly concerned about gress of the United States, I want to from New York (Mr. GILMAN). ongoing anti-Jewish violence in Eu- commend the gentleman from New GENERAL LEAVE rope. Those results are certainly dis- York (Mr. CROWLEY), a valued member Mr. GILMAN. Mr. Speaker, I ask tressing. of our committee, for his outstanding unanimous consent that all Members Many European governments have resolution and for his untiring efforts may have 5 legislative days within been unwilling to recognize the seri- in calling attention to the scourge of which to revise and extend their re- ousness of this problem until now anti-Semitism in Europe. I also want marks on H. Res. 393, the resolution many months after the outbreak of a to thank the distinguished gentleman under consideration. violent campaign targeting Jews with- from Illinois (Mr. HYDE) for expediting The SPEAKER pro tempore. Is there out impunity. the consideration of this resolution and objection to the request of the gen- The decision of some European lead- the gentleman from California (Mr. tleman from New York? ers to treat this phenomenon as if it GALLEGLY), who has been most cooper- There was no objection. were nothing more than an occasion of ative in bringing this resolution before Mr. GILMAN. Mr. Speaker, I yield inter-communal strife between Jews us today. But I particularly want to ex- myself such time as I may consume. and Muslims, rationalized by some as press my personal gratitude to the dis- Mr. Speaker, I rise in strong support the product of legitimate, pent-up tinguished chairman emeritus of the of H. Res. 393, expressing the sense of anger and frustration is certainly trou- Committee on International Relations the House concerning the rise of anti- bling. who during his entire distinguished ca- Semitism in Europe. I thank the gen- Such thinking is dangerous. It rep- reer in this body has been a powerful tleman from New York (Mr. CROWLEY) resents an unwillingness to recognize champion for human rights and against for introducing this important resolu- the uniqueness of anti-Semitism as a all forms of discrimination, the gen- tion and for the support of the gen- form of hatred, especially in light of tleman from New York (Mr. GILMAN). tleman from Illinois (Mr. HYDE), the Europe’s troubled history in that re- Mr. Speaker, anti-Semitism in Eu- chairman of the Committee on Inter- gard. What the Jews of Europe are wit- rope has resulted in vicious attacks

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.012 pfrm12 PsN: H09PT1 H4382 CONGRESSIONAL RECORD — HOUSE July 9, 2002 against Jews on an almost daily basis. on the victim and not on the perpe- that we would have to do the same in Eu- Our resolution highlights some of these trator. rope, given the history and our expectation incredibly brutal, medieval incidents. Mr. Speaker, the distinguished head that European anti-Semitism, while not In France, Jewish organizations re- of the Anti-Defamation League made eradicated, would be so marginal and so rejected that it would not be a major concern. corded more than 300 anti-Semitic at- reference to a recent disturbing survey What we found in the countries we sur- tacks in the month of April alone: of anti-Semitism in Europe that was veyed—Britain, France, Germany, Belgium Desecration of Jewish cemeteries, conducted by the Anti-Defamation and Denmark—was shocking and disturbing. physical and verbal assaults against League. Classical anti-Semitism, coupled with a new Jewish children in playgrounds and on My good friend, Abe Foxman, Na- form fueled by anti-Israel sentiment, has be- soccer fields, fire bombing and vandal- tional Director of the ADL, wrote an come a potent and dangerous mix in coun- izing of Jewish institutions. excellent article discussing the survey tries with enormous Muslim and Arab populations. In Belgium, the headquarters of the results and the very disturbing phe- More than 1 million Jews live in these five European Union, rabbis and other Jew- nomenon of anti-Semitism in Europe nations, and their communities are under ish community leaders have been re- entitled ‘‘Europe’s Anti-Israel Excuse.’’ siege. Who would have believed that we peatedly assaulted, and worshipers Abe Foxman provides excellent insight would see the burning of synagogues and at- have been attacked on their way to and into how the current Israeli-Pales- tacks of Jewish students, rabbis, Jewish in- from synagogues. tinian conflict has led to the resurrec- stitutions and Jewish owned-property? In England, dozens of threats and While European leaders have attempted to tion of widespread open anti-Semitism explain away these attacks as a fleeting re- physical assaults against Jews have in Europe. As a Holocaust survivor, Mr. sponse to events in the Middle East and not been reported in recent months. Just a Foxman brings a unique perspective the barginger of a more insidious and deeply short while ago, a suburban London about the dangers of bigotry and preju- ingrained hatred, the attitudes of average synagogue was vandalized, religious ar- dice, since he personally experienced Europeans paint a far different picture. tifacts were defaced, and crude swas- the effects of widespread, unchallenged Among the 2,500 people polled in late May tikas were painted throughout the anti-Semitism in the 1940s. and early June as part of our survey, 45 per- building. With European governments turning cent admitted to their perception that Jews In Germany, some 127 anti-Semitic are more loyal to Israel than their own coun- a blind eye to anti-Semitism and dis- try, while 30 percent agreed with the state- incidents were reported during the first missing attacks on Jews as merely a ment that Jews have too much power in the quarter of this year. In Berlin, a Jew- reaction to the Israeli-Palestinian con- business world. Perhaps most telling, 62 per- ish hospital was ransacked and Jews flict, Mr. Foxman correctly observes cent said they believe the outbreak of anti- have been beaten. that the future of Jewish life in Europe Semitic violence in Europe is the result of Mr. Speaker, we cannot instanta- is in question. anti-Israel sentiment, not anti-Jewish feel- neously change the attitudes of many Mr. Speaker, I will include for the ing. The contrariness of their own attitudes suggests that Europeans are loath to admit Europeans who for a long period of RECORD Mr. Foxman’s article in its en- that hatred of Jews is making a comeback. time have been holding anti-Semitic tirety, and I urge all of my colleagues This view may make Europeans more com- views. A survey conducted by the Anti- to give it the serious and thoughtful fortable in the face of what is happening in Defamation League last month in Bel- attention it deserves. their countries, by suggesting that this time gium, Denmark, France, Germany and Mr. Speaker, I again commend my around, Jews are not the innocent victims the United Kingdom found that almost good friend and distinguished col- but are themselves the victimizers in the one-third of the residents of those league, the gentleman from New York Middle East. But the incredibly biased reac- countries harbor traditional anti-Se- (Mr. CROWLEY), for bringing this reso- tion against Israel seen in the poll—despite mitic stereotypes. lution to our attention. I urge all of the fact that Israel under former prime minister Ehud Barak offered the Palestinians an The problem is clear, and the re- my colleagues to support it. independent state, and despite the fact that sponse must be equally clear. Our Mr. Speaker, I include the Abe Palestinians have carried out a sustained strong resolution today calls upon the Foxman article entitled ‘‘Europe’s campaign of terrorism against Israeli civil- governments of Europe to take all nec- Anti-Israel Excuse’’ for the RECORD. ians—speaks to a repressed hostility to Jews essary steps to protect the safety and EUROPE’S ANTI-ISRAEL EXCUSE that may not be socially acceptable in post- Holocaust Europe. Still, even with such con- well-being of their Jewish communities (By Abraham H. Foxman) straints, some 30 percent of Europeans are and to cultivate an atmosphere of co- Throughout history a constant barometer operation and reconciliation among not averse to expressing their anti-Semitic for judging the level of hate and exclusion beliefs openly and directly. their Jewish and non-Jewish residents. vs. the level of freedom and democracy in Meanwhile, the Europeans have been tepid There are positive and concrete steps any society has been anti-Semitism—how a in their support for the U.S. war on ter- that the European governments must country treats its Jewish citizens. Jews have rorism and especially the Bush administra- take. Government officials cannot stop been persecuted and delegitimized through- tion’s efforts to broker an end to Israeli-Pal- what people think; but they can set an out history because of their perceived dif- estinian bloodshed. The Europeans seek to example of tolerance, and they can act ferences. Any society that can understand appease Saddam Hussein and other threats and accept Jews is typically more demo- to the Western world while blaming Israel, quickly and decisively to punish those cratic, more open and accepting of ‘‘the who perpetrate racially- and reli- not the Palestinian Authority, for the crisis. other.’’ This predictor has held true through- All while they minimize the extent of anti- giously-based violence. out the ages. Semitism in Europe and fail to immediately b 1430 During the Holocaust, Jews and other mi- condemn horrific acts of harassment and norities of Europe were dispatched to the vandalism. The message to Europe’s bur- Government leaders can and must camps and, ultimately, their deaths in an en- geoning immigrant population is that there publicly and quickly condemn anti-Se- vironment rife with anti-Semitism. Nearly 60 is a certain level of acceptance for intoler- mitic incidents, and they should con- years later in a modern, democratic Europe, ance. demn them for what they are, unadul- that presumably had shed itself of the legacy It is time for Europe to assume responsi- terated anti-Semitism, not merely of that era, Jews have again come under at- bility for a situation of its own making. The spillover from the Middle East, as some tack. During the past year and a half a trou- combination of significant, openly expressed bling epidemic of anti-Jewish hatred, not would have it labeled. This merely ob- anti-Jewish bias together with irrational isolated to any one country or community, anti-Israel opinions creates a climate of fuscates the issue. has produced a climate of intimidation and great concern for the Jews of Europe. It is Government leaders must insist that fear in the Jewish communities of Europe. not surprising that in such an atmosphere these incidents of racism and bigotry Never, as a Holocaust survivor, did I believe Muslim residents feel free to attack Jewish are quickly and carefully investigated we would witness another eruption of anti- students and religious institutions not be- and that their perpetrators are pros- Semitism of such magnitude, in Europe of cause they are Israelis but because they are ecuted to the fullest extent of the law. all places. But the resiliency of anti-Semi- Jews. And it is not surprising that some Eu- It is not sufficient or acceptable for tism is unparalleled. It rears its ugly head in ropean officials have begun telling Jewish far-flung places, like Malaysia and Japan, government officials to tell Jews to re- leaders to advise their numbers to avoid pub- where there are no Jews. lic displays of Jewishness, instead of prom- frain from wearing distinctive religious The Anti-Defamation League has been tak- ising to protect their Jewish communities. clothing, as happened in at least one ing the pulse of anti-Semitism in America European leaders and officials must see European country. That puts the onus for more than 40 years. Never did I expect what is going on for what it is—outright anti-

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.055 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4383 Semitism—and condemn the revival of this made the point that the slippery slope it. Hate speech and hate crimes go ancient hatred that had its greatest mani- from hate speech to hate crime is clear. hand in hand. festations on the same continent. Seventy-two hours after the close of Mr. Speaker, I urge support of the They must acknowledge that the anti- the Durban hate-fest, its virulence resolution. Israel vilification across Western Europe is unacceptable. The recent comparisons of struck at the strategic and financial UNITED STATES HELSINKI COMMISSION—ANTI- Israelis to Nazis, to Jews as the executors of centers of the United States. He point- SEMITISM IN THE OSCE REGION ‘‘massacres’’ and even as the killers of ed out, ‘‘If Durban was Mein Kampf, The Delegations of Germany and the Christ—these do not fall into the category of than 9/11 was Kristalnacht, a warning. United States will hold a side event to high- legitimate criticism of a sovereign state. ‘‘What starts with the Jews is a light the alarming escalation of anti-Semitic They create the very climate that questions measure, an alarm signalling impend- violence occurring throughout the OSCE re- the future of Jewish life in Europe. gion. ing danger for global stability. The new All Heads of Delegations have been invited Mr. Speaker, I reserve the balance of anti-Semitic alliance is bound up with to attend, as well as media and NGOs. my time. anti-Americanism under the cover of The United States delegation has intro- Mr. GILMAN. Mr. Speaker, I am so-called anti-globalization.’’ duced a supplementary item condemning pleased to yield 6 minutes to the gen- He also testified and said, ‘‘The Holo- anti-Semitic violence. The Resolution urges tleman from New Jersey (Mr. SMITH), caust for 30 years acted as a protective Parliamentary Assembly participants to who is Chairman of the Helsinki Com- Teflon against blatant anti-Semitic ex- speak out against anti-Semitism. mission and has recently led a delega- pression. That Teflon has eroded, and 12:30 PM–2:00 PM, MONDAY, 8 JULY tion to Europe to discuss this very what was considered distasteful and po- The Representation of Lower Saxony In issue. litically incorrect is becoming simply der Ministergaerten 10 10117 Berlin—approxi- Mr. SMITH of New Jersey. Mr. mately a 15-minute walk from the Bundestag an opinion. But cocktail chatter at fine and across from the Holocaust Memorial Speaker, I thank my good friend for English dinners,’’ he said, ‘‘can end as construction site. yielding me time, and I rise in very Molotov cocktails against synagogues. Co-Hosts strong support of H. Res. 393. I want to ‘‘Political correctness is also eroding Prof. Gert Weisskirchen, Member of the commend its sponsor and all of the for others, as tolerance for multi- German Bundestag and Professor of Applied Members who are taking part in this culturism gives way to populous voices Cultural Sciences, Universita¨ t Heidelberg. very important debate. in France, Italy, Austria, Denmark, Representative Christopher H. Smith, Head Mr. Speaker, yesterday, along with Portugal and in the Netherlands. These of United States Delegation to the OSCE–PA the gentleman from Maryland (Mr. countries’ Jewish communities can be and Co-Chairman of the United States Com- CARDIN), who is on the floor and will be caught between the rock of radical Is- mission on Security and Cooperation in Eu- speaking momentarily, we returned lamic violence and the hard place of a rope. back from the OSCE, the Organization revitalized Holocaust-denying extreme Presenters for Security and Cooperation in Eu- right. Mr. Abraham H. Foxman, National Direc- rope, Parliamentary Assembly. tor, Anti-Defamation League. ‘‘Common cause,’’ he concluded, Dr. Shimon Samuels, Director for Inter- Every year, parliamentarians from ‘‘must be sought between the victim- national Liaison Simon Wiesenthal Center— the 55 nations that comprise the OSCE ized minorities against extremism and Paris. meet to discuss issues of importance. fascism.’’ Dr. Wolfgang Benz, Director of the Center This year the focus was on terrorism, I would point out to my colleagues for anti-Semitic Research at the Technical but we made sure that a number of one of those who spoke pointed out, it University of Berlin. other issues, because certainly anti- was Professor Julius Schoeps, that he Dr. Julius Schoeps, Professor Modern His- Semitism is inextricably linked to ter- has found that people do not say ‘‘I am tory, University of Potsdam & Director of the Moses Mendelssohn Center for European- rorism, were raised in a very profound anti-Semitic;’’ they just say ‘‘I do not Jewish Studies. way. like Jews,’’ a distinction without a dif- Yesterday, two very historic and I ference, and, unfortunately, it is SUPPLEMENTARY ITEM ON ANTI-SEMITIC VIO- think very vital things happened in rearing itself in one ugly attack after LENCE IN THE OSCE REGION FOR THE 11TH this debate. I had the privilege of another. ANNUAL SESSION OF THE OSCE PARLIAMEN- cochairing a historic meeting on anti- I would point out in that Berlin very TARY ASSEMBLY, BERLIN, 6–10 JULY 2002 Semitism with a counterpart, a mem- recently, two New Jersey yeshiva stu- [Principal sponsor: Mr. Christopher H. ber of the German Bundestag, Pro- dents, after they left synagogue, they Smith, USA] fessor Gert Weisskirchen, who is a left prayer, there was an anti-Amer- 1. Recalling that the OSCE was the first member of the Parliament there, also a ican, anti-Israeli demonstration going organization to publicly achieve international condemnation of anti-Semitism professor of applied sciences at the on, and they were asked repeatedly, are through the crafting of the 1990 Copenhagen University of Heidelberg, and we heard you Jews? Are you Jews? And then the Concluding Document; from four very serious, very credible fists started coming their way and they 2. Noting that all participating States, as and very profound voices in this battle were beaten right there in Berlin. stated in the Copenhagen Concluding Docu- to wage against anti-Semitism. Let me finally say, Mr. Speaker, that ment, commit to ‘‘unequivocally condemn’’ We heard from Abraham Foxman, the yesterday we also passed a supple- anti-Semitism and take effective measures National Director of the Anti-Defama- mentary item at our OSCE Parliamen- to protect individuals from anti-Semitic violence; tion League, who gave a very impas- tary Assembly. I was proud to be the 3. Remembering the 1996 Lisbon Con- sioned but also very empirical speech, principal sponsor. The gentleman from cluding Document, which highlights the that is to say he backed it up with sta- Maryland (Mr. CARDIN) offered a couple OSCE’s ‘‘comprehensive approach’’ to secu- tistics, with information about this ris- of strengthening amendments during rity, calls for ‘‘improvement in the imple- ing tide of anti-Semitism, not just in the course of that debate, and we pre- mentation of all commitments in the human Europe, but in the United States and sented a united force, a U.S. force dimension, in particular with respect to Canada as well. against anti-Semitism. human rights and fundamental freedoms,’’ He pointed out, for example, accord- I would just point out this resolution and urges participating States to address ‘‘acute problems,’’ such as anti-Semitism; ing to their data, 17 percent of Ameri- now hopefully will act in concert with 4. Reaffirming the 1999 Charter for Euro- cans are showing real anti-Semitic be- other expressions to wake up Europe. pean Security, committing participating liefs, and the ugliness of it. Sadly, We cannot sit idly by. If we do not say States to ‘‘counter such threats to security among Latinos and African Americans, anything, if we do not speak out, we as violations of human rights and funda- it is about 35 percent. He pointed out in allow the forces of hate to gain a fur- mental freedoms, including the freedom of Europe, in the aggregate, the anti- ther foothold. Again, that passed yes- thought, conscience, religion or belief and Semitism was about 30 percent of the terday as well. manifestations of intolerance, aggressive na- population. Mr. Speaker, I urge Members to be- tionalism, racism, chauvinism, xenophobia and anti-Semitism;’’ Dr. Shimon Samuels also spoke, who come much more aware that this ugli- 5. Recognizing that the scourge of anti- is the Director of the Wiesenthal Cen- ness is rearing its ugly face, not just in Semitism is not unique to any one country, ter in Paris. He too gave a very impas- the United States, but Canada, in Eu- and calls for steadfast perseverance by all sioned and very documented talk. He rope, and we have to put to an end to participating States;

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.013 pfrm12 PsN: H09PT1 H4384 CONGRESSIONAL RECORD — HOUSE July 9, 2002 The OSCE Parliamentary Assembly: tism. We all know what the history of presidency of France. While he did not 6. Unequivocally condemns the alarming Europe has been. win, his base of support in France re- escalation of anti-Semitic violence through- Among the most recent incidents on mains strong. out the OSCE region; 7. Voices deep concern over the recent es- March 30, two yeshiva students from France no longer appears to be guid- calation in anti-Semitic violence, as individ- New Jersey were brutally beaten on ed by the 1789 Declaration of the uals of the Judaic faith and Jewish cultural the streets of Berlin in an anti-Semitic Rights of Man, the foundation for properties have suffered attacks in many attack. French democracy, which called for OSCE participating States; On April 11, 15 hooded attackers as- equal rights for all. Daniel Bernard, 8. Recognizes the danger of anti-Semitic saulted a Jewish teenage soccer team the French ambassador in London, re- violence to European security, especially in in Bondy, France, with sticks and cently referred to Israel with an ob- light of the trend of increasing violence and metal bars while yelling anti-Semitic scenity when he attributed all the attacks region wide; 9. Declares that violence against Jews and remarks. troubles in the Middle East to Israel. other manifestations of intolerance will On April 27, a synagogue in a London When his remarks were reported in the never be justified by international develop- suburb was desecrated by vandals, who press, Ambassador Bernard refused to ments or political issues, and that it ob- painted swastikas on the walls and de- apologize and the foreign ministry re- structs democracy, pluralism, and peace; stroyed religious articles. fused to censure him. 10. Urges all States to make public state- Two synagogues in Belgium were Bernard’s remarks, made at a fash- ments recognizing violence against Jews and firebombed earlier this year. ionable dinner party in London, dem- Jewish cultural properties as anti-Semitic, Also in Belgium, two Hasidic Jews in as well as to issue strong, public declarations onstrate that the World Jewish Con- condemning the depredations; Antwerp were attacked ferociously as a gress was correct when it asserted that 11. Calls upon participating States to en- chorus of teenage attackers spat on anti-Semitism is no longer considered sure aggressive law enforcement by local and them, chanting ‘‘dirty Jew’’ and prais- unacceptable in European polite soci- national authorities, including thorough in- ing Hitler. One of the two men had just ety. European governments must dem- vestigation of anti-Semitic criminal acts, emerged from the hospital a few days onstrate that such attitudes are simply apprehension of perpetrators, initiation of later when his 10-year-old daughter was not acceptable. appropriate criminal prosecutions and judi- also attacked by assailants chanting a cial proceedings; In the years before World War II, the 12. Urges participating States to bolster chorus of anti-Semitic remarks. The fabric of European society was torn the importance of combating anti-Semitism girl now walks to and from school with apart by the official anti-Semitism of by holding a follow-up seminar or human dian escort. Nazi Germany and its puppet govern- mension meeting that explores effective Anti-Semitism is clearly on the rise. ments in France, Austria, Poland and measures to prevent anti-Semitism, and to The French government reported 320 elsewhere. ensure that their laws, regulations, practices anti-Semitic incidents in 2001, almost and policies confirm with relevant OSCE one per day. But this year French Jew- b 1445 commitments on anti-Semitism; and ish organizations reported over 300 in- Now, more than 60 years later, Euro- 13. Encourages all delegates to the Par- pean governments are once again doing liamentary Assembly to vocally and uncon- cidents in the month of April alone. ditionally condemn manifestations of anti- Jewish cemeteries have been vandal- little to discourage intolerance and ha- Semitic violence in their respective coun- ized, a kosher butcher shop near Tou- tred directed at Jews and other minor- tries and at all regional and international louse was the target of a drive-by ity groups. When their rights are tram- fora. shooting, and the Or Aviv Synagogue pled upon, European governments must Mr. GILMAN. Mr. Speaker, I yield in Marseille was burned to the ground step up and act in order to protect all myself such time as I may consume. by arsonists during the Passover holi- citizens. The failure to properly con- Mr. Speaker, I want to thank the day. demn and control these attacks makes gentleman for his leadership on this Not every European government the governments of Europe complicit issue and for taking the issue to the faces a rash of anti-Semitism. Norway, in them. OSCE. I thank the gentleman very for example, has experienced few hate Before I close, I would like to thank much. crimes directed at Jews, and Prime a number of groups for their work in Mr. LANTOS. Mr. Speaker, I am very Minister Bondevik made it clear his support of this resolution, particularly pleased to yield 6 minutes to the gen- government will forcefully prosecute the Orthodox Union, the National tleman from New York (Mr. CROWLEY), any anti-Semitic attacks. Council of Soviet Jewry, NORPAC, and my good friend, our distinguished col- Other governments have taken only Harriet Mandel and her colleagues in league, and the author of this impor- minor steps to address anti-Semitism. the Jewish Community Relations tant resolution. France, for example, has increased the Council of New York. Mr. CROWLEY. Mr. Speaker, I rise police presence at major Jewish sites I would also like to thank the rank- today in support of my resolution, in the aftermath of several attacks. ing member and the chairman of the H. Res. 393, which calls on European They just this week established a 24- committee, as well as the chair of the governments to address the rise of hour hotline for the Jewish commu- subcommittee, who waived the rules to anti-Semitism throughout the con- nity, and they have also appointed a li- allow this to come to the floor. tinent of Europe. I introduced this bill aison between the French government I want to thank the Speaker of the because I am concerned that Europe is and the French Jewish community. House for bringing this important reso- on the verge of another Kristalnacht. But such steps are few and far be- lution to us today. But most espe- Anti-Semitism, accompanied by, in tween, and, in my opinion, do not go cially, Mr. Speaker, I would like to many cases by violence, is at the high- far enough. European governments thank my fellow colleague from New est levels since the horrors of World have done little to punish the perpetra- York (Mr. GILMAN), chairman emeritus War II. According to the British Daily tors of such attacks, or, more impor- of the Committee on International Re- Telegraph, more than 2,000 anti-Se- tantly, they have done little to foster lations, for all of his hard work mitic incidents were reported through- an atmosphere in which Jews and other throughout the years, especially on out the European Union in the last 10 minority groups can live free from har- issues pertaining to the Middle East months, more than 18 every single day. assment as normal members of their and whose Jewish constituents as well As I have listened very intently to societies. as all of the constituents that he rep- my good friend from New Jersey who Indeed, several senior European offi- resents in New York, and all of New just came back from Europe and talk- cials have made their anti-Semitism York. ing about the rise of anti-Semitism, clear and demonstrated that their big- I would say to the gentleman that we not only in Europe, but in the United otry affects government policies. Ex- are greatly going to miss the gen- States and Canada, it is ugly wherever tremist xenophobes like Haider in Aus- tleman when he retires from the House it raises its head. tria and Le Pen in France have made of Representatives. I know that many We must keep in mind, we do not hatred and intolerance the basis of people will speak the gentleman’s share a similar history when it comes their party’s political platforms. Le praises in days to come, but I want to to dealing with the issue of anti-Semi- Pen made it into a runoff race for the tell the gentleman what a great honor

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.028 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4385 it has been to serve with the gentleman leadership of the Jewish community is my good friend and distinguished colon this floor. virtually alone, fighting anti-Semitic league. Mr. GILMAN. Mr. Speaker, I want to attacks. Mr. CARDIN. Mr. Speaker, first, let thank the gentleman from New York European leaders have continually me thank the gentleman from Cali- (Mr. CROWLEY), not only for his kind avoided condemning the tactic of sui- fornia (Mr. LANTOS) for his entire ca- words, but for his leadership in bring- cide bombing in Israel, which lends reer of fighting prejudice and bias ing this measure to the floor, working support to the acts of hatred against wherever it can be found in our com- out all of the compromises that were Jews in their own nations. Our message munities. needed in order to make this important to them is clear: Join the United I also want to thank the gentleman measure possible. I thank the gen- States in working toward an agree- from New York (Mr. GILMAN). The gentleman for his hard work on this meas- ment in the Middle East that will lead tleman will be deeply missed in this ure. to peace with security and independ- body. We thank him for his leadership Mr. Speaker, I am pleased to yield 3 ence for Israelis and Palestinians. on behalf of all of the people of this Na- minutes to the gentlewoman from Mr. GILMAN. Mr. Speaker, I want to tion. Maryland (Mrs. MORELLA), who has thank the gentlewoman from Maryland I want to thank the gentleman from been a staunch supporter of human (Mrs. MORELLA) for her poignant re- New Jersey (Mr. SMITH), my good rights throughout the world and espe- marks in support of this resolution, friend, for his leadership in the Hel- cially in fighting anti-Semitism. and I reserve the balance of my time. sinki process. He took this resolution Mrs. MORELLA. Mr. Speaker, I rise Mr. LANTOS. Mr. Speaker, I am to Europe and we were able to get in support of H. Res. 393, expressing pleased to yield 2 minutes to the gen- unanimous support among our fellow concern about the rise of anti-Semi- tlewoman from California (Ms. WOOL- parliamentarians to speak out and de- tism in Europe. I want to thank the SEY), my distinguished colleague. velop an action plan against anti-Semi- gentleman from New York (Mr. GIL- Ms. WOOLSEY. Mr. Speaker, I rise tism. MAN) for yielding me this time. today in support of H. Res. 393, which I thank the gentleman from New I echo and associate myself with the denounces the rise in anti-Semitism in York (Mr. CROWLEY) for bringing this comments of the gentleman from New Europe. This Congress must condemn resolution forward; I thank him on be- York (Mr. CROWLEY) with regard to the these and any violent acts that are half of all of us for stating what I wonderful service the gentleman from hurting families and communities, would hope would be unanimously sup- New York (Mr. GILMAN) has provided both here and abroad. ported by this body. and the deep commitment he has dem- According to an annual study by a There is no question that anti-Se- onstrated and the deep friendship he Tel Aviv university, anti-Semitic acts mitic activities are on the increase in has had for us on both sides of the rose sharply around the world after the every state in Europe. We need to do aisle. I want to thank the gentleman September 11 attacks. The study re- more than just speak out; we need to from New York (Mr. CROWLEY) for in- veals some of the worst anti-Semitic develop an action plan, and that is troducing this legislation. I also want days since the end of World War II. An- what we were successful in getting in to thank the gentleman from Cali- other recent survey revealed that 30 our visit on the OSCE Parliamentary fornia (Mr. LANTOS), as well as the gen- percent of Europeans harbored tradi- Assembly during this past weekend. We tleman from New York (Mr. GILMAN) tional anti-Semitic stereotypes. Con- have developed an action plan and will and the others who have helped to gress must condemn these acts by pass- continue to monitor it to make it clear bring this very important resolution to ing H. Res. 393. that international events cannot be the floor today. But, Mr. Speaker, we must also make used to justify anti-Semitic activities; As Americans, we value our diver- it a top priority to stop hate in our that we need to work with the leader- sity, and we celebrate our unity. I hope own country. Anti-Semitism is not ship, not just among parliamentarians, that this resolution will remind Euro- limited to Europe. The Anti-Defama- but the leadership in our communities pean leaders that ignoring the practice tion League reported that this year, from church groups and from edu- of hatred is as if condoning it. here in the United States, anti-Jewish cators. We have to work with children Anti-Semitism is one of the oldest incidents have increased 11 percent. in our schools, and we have to deal forms of hatred and it is, unfortu- Congress must make it clear that with property restitution issues to nately, experiencing a resurgence, there is no room for personal attacks make sure that people are fairly com- crossing boundaries of every type, geo- and bigotry in America. That is why pensated for property that was wrong- graphical, national, political, religious we need to pass H. Res. 393 and the bill fully taken. and cultural. We see it in the prolifera- of the gentleman from Michigan (Mr. In short, Mr. Speaker, we need a tion of anti-Jewish media expressing CONYERS), H.R. 1343, The Local Law En- total plan to make sure the world un- vicious stereotyping, conspiracy theo- forcement Hate Crimes Prevention Act, derstands that we will not tolerate ries, and even denial of the Holocaust. to help prosecute and prevent crimes anti-Semitic activities, period, the end. Its messages of hate have influenced motivated by hate across our own Na- So I very much applaud the efforts on Muslim immigrants in France to com- tion. this resolution. It is important that mit daily anti-Jewish acts and have The people of the United States must this body speaks out, but it is also im- overpowered the Conference on Racism set an example for the world by ex- portant that we follow it with action in in Durban with anti-Israel, anti-Zion- pressing our differences without resort- all of the areas that we have men- ist, anti-Jewish resolutions and state- ing to violence against our neighbors. tioned. ments. In the United States, freedom of speech Mr. GILMAN. Mr. Speaker, I just Not even 60 years have passed since is a fundamental right, a right to be want to thank the gentleman from the murder of 6 million Jews in the used for causes that citizens are pas- Maryland for his kind words, but most Holocaust, and once again, we see anti- sionate over, but not for causes that important, for his willingness to go to Semitism coming back strongly in Eu- damage another’s right to a different Berlin, along with the gentleman from rope. This time it is fueled by anti-Se- opinion, a different religion, a different New Jersey (Mr. SMITH) and to bring mitic campaigns being spread through- lifestyle. this resolution to their attention. We out the Arab world and spilling over This Congress has the responsibility thank him for his efforts. through some immigrants and the new to combat unnecessary hatred and to Mr. LANTOS. Mr. Speaker, I am de- media into France, England, Belgium lead the charge. Together we can make lighted to yield 2 minutes to the gen- and other countries. a statement by passing H. Res. 393, con- tleman from Pennsylvania (Mr. Daily attacks on Jews and their in- demning anti-Semitism. HOEFFEL), my good friend, an indefati- stitutions are taking place in France Mr. GILMAN. Mr. Speaker, I reserve gable fighter for human rights in all of while the government looks the other the balance of my time. its manifestations. way. Leading French media are filled Mr. LANTOS. Mr. Speaker, I am very Mr. HOEFFEL. Mr. Speaker, I thank with stories slanted against Israel, fur- pleased to yield 2 minutes to the gen- the gentleman for yielding me this ther heating up a climate in which tleman from Maryland (Mr. CARDIN), time and for his kind remarks, and also

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.060 pfrm12 PsN: H09PT1 H4386 CONGRESSIONAL RECORD — HOUSE July 9, 2002 for his many years of leadership on this speak out loudly, to denounce it, to down. They view the small State of issue. make sure that everybody knows how Israel, a victim of a wave of suicide Also, I want to salute the gentleman unacceptable that hatred and intoler- bombers and terrorist activities, as the from New York (Mr. GILMAN) for a ca- ance is. aggressive Goliath. The time is long reer that we should all emulate and fol- We will win this victory if we step overdue for the misguided European low in terms of human rights and for forward, and if people around the world left to wake up and recognize the reali- justice around the world. step forward and say that anti-Semi- ties of the Middle East situation. I want to compliment the gentleman tism is un-American, that it is un-Ger- These are the four strains: church- from New York (Mr. CROWLEY) for man, that it is un-French, that it is un- based anti-Semitism; neo-Nazi skin- bringing this resolution to the floor, Ukrainian, that it is against the basic head anti-Semitism; the anti-Semitism denouncing anti-Semitism wherever it principles of a civilized people wher- emanating from the Muslim and Arab is found in Europe or this country. ever it happens around the world. population in Europe; and, finally, the I certainly want to acknowledge, as Mr. Speaker, that is the fight we are misguided European left which mis- others have, the great leadership of the joining. That is what the gentleman takes the victim for the aggressor. gentleman from New Jersey (Mr. from New York (Mr. GILMAN) has done This is a gigantic task that all men SMITH), who led our delegation this for 20-some years, and that is what the and women in Europe of goodwill and past weekend to the Parliamentary As- whole career of the gentleman from decency must unite to defeat. sembly of the Organization for Secu- California (Mr. LANTOS) has been I urge all of my colleagues to vote for rity and Cooperation in Europe. about. That is what my friend, the gen- this resolution as an expression of the I want to share a little with my col- tleman from New York (Mr. CROWLEY) conscience of this body and the Amer- leagues the work led by the gentleman is fighting for today, and I am honored ican people. from New Jersey (Mr. SMITH) and to join my colleagues in that fight. Mr. Speaker, I yield back the balance joined by all of the American dele- Mr. LANTOS. Mr. Speaker, I ask of my time. gates. We were proud to do so, in bring- unanimous consent that each side be ing this challenge of anti-Semitism granted an additional 3 minutes. Mr. GILMAN. Mr. Speaker, I yield and the need to denounce anti-Semi- Mr. GILMAN. Mr. Speaker, I am myself such time as I may consume. tism to the OSCE and, hopefully, to all pleased to yield 3 additional minutes to I want to thank my colleagues, espe- of the governments of Europe. We made the gentleman from California (Mr. cially the gentleman from New York an historic effort, through the leader- LANTOS). (Mr. CROWLEY), the sponsor of this im- ship of the gentleman from New Jersey The SPEAKER pro tempore. Without portant measure, and for his participa- (Mr. SMITH) leading the American dele- objection, the gentleman from Cali- tion in the debate, as well as the gen- gation and the leadership of Dr. Gert fornia will control 3 additional min- tleman from California (Mr. LANTOS), Weisskirchen, a German parliamen- utes. ranking member of our committee, for tarian and the leader of his delegation, There was no objection. his eloquent remarks. And I hope that in a joint delegation assembly to talk Mr. LANTOS. Mr. Speaker, I thank the European governments to whom about the evils of anti-Semitism, to the gentleman from New York. this resolution is addressed will review bring forward four experts to talk to Mr. LANTOS. Mr. Speaker, I yield the content of our debate today and all of us about the need to speak out myself such time as I may consume. draw the appropriate conclusions and, and denounce anti-Semitism. This was It is literally unthinkable that just more importantly, take the required the first time that the American dele- 50 years after the Holocaust this body actions to stop the flow of anti-Semi- gation and the German delegation had should be compelled to take up this tism throughout Europe. ever met in a separate event, invited issue. It speaks very poorly of the edu- Mr. WAXMAN. Mr. Speaker, I rise in strong the press in, invited experts in to talk cational process that has unfolded in support of H. Res. 393. to us. Europe in the last two generations, For months, vicious attacks against Jews I wish, I say to the gentleman from that this most ancient hatred, based on across Europe have continued almost on a New Jersey (Mr. SMITH) and the gen- prejudice and ignorance, should again daily basis. It has been an issue of such great tleman from Maryland (Mr. CARDIN), I be sweeping the continent. concern to me that last month I sent a letter wish all of our colleagues could have b 1500 signed by 140 of my colleagues urging EU heard what we heard from Abraham Secretary-General Javier Solana to take action Several strains provide a confluence Foxman, the executive director of the against this dangerous trend. Anti-Defamation League, in which he as to why they are up against this In France, Jewish organizations recorded talked about the need to speak out to problem today. The first and perhaps more than 300 anti-Semitic attacks in the denounce anti-Semitism. He talked most important one is the old church- month of April alone. Jewish cemeteries have about the events in Germany recently, based anti-Semitism. Churches have been desecrated, Jewish children have been where after a number of events aimed been guilty for centuries of fomenting verbally and physically assaulted on play- against Jews, just for being Jews, the anti-Semitism; and while some voices grounds and soccer fields, and Jewish institu- official advice to the Jewish commu- have spoken for acceptance and toler- tions have been firebombed and vandalized. nity in Germany is to stop wearing ance, important segments of the In February, yellow stars of David were paint- visible signs of their faith. churches have contributed to the con- ed on Jewish shop windows in Paris. In The SPEAKER pro tempore (Mr. tinuation of this sickening spectacle of March, there was a drive-by shooting of a ko- WALDEN of Oregon). The time of the religious hate. sher butcher shop near Tolouse. And, in the gentleman from California (Mr. LAN- We also see the upsurge of skinhead middle of Passover, the Or Aviv Synagogue in TOS) has expired. and neo-Nazi movements of direct fol- Mr. GILMAN. Mr. Speaker, I am lowers of what was the dominant Marseilles was burned to the ground. pleased to yield an additional 1 minute theme in Germany in the 1930’s and In Belgium, the seat of the European Union, to the gentleman from Pennsylvania early 40’s. The skinhead and neo-Nazi Rabbis and community leaders have been as- (Mr. HOEFFEL.) component of this new wave of anti- saulted, as have synagogue worshipers, on Mr. HOEFFEL. Mr. Speaker, I thank Semitism must be fought by all Euro- their way to and from services. the gentleman from New York (Mr. pean governments. In England, dozens of threats and physical GILMAN) very kindly. We have a new element. The extrem- assaults on Jews have been reported in re- I simply want to say, what kind of ist Islamic and Arab populations of Eu- cent months, and in April, a vicious attack on advice is that? How can anybody say, rope are contributing powerfully to a suburban London synagogue left windows ‘‘avoid wearing visible signs of your anti-Semitism, and it is incumbent smashed, religious artifacts defaced, and faith,’’ as if that is the way to deal upon the governments of Europe to crude swastikas painted everywhere. with the hatred that is being directed fight these forces. The situation has only been made worse by against Jews in Germany and across Finally, the perpetually misguided the failure of these countries to forcefully con- Europe? The way to deal with it, as Mr. European left must recognize that its demn these hate crimes and vigorously pros- Foxman pointed out, is to speak out, to values and priorities are all upside ecute their perpetrators.

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European leaders, including EU representa- people who face persecution based on their Again, I want to commend Mr. CROWLEY for tives, have dismissed the severity of the prob- religion. Therefore, I urge our European allies authoring this resolution, and strongly urge its lem, blaming the Middle East conflict and Mus- to draw their attention to the rise in anti-Semi- passage by the House. lim demographics instead of the Arab and Eu- tism on their continent and take whatever Mrs. MALONEY of New York. Mr. Speaker, ropean media outlets that have fed their fervor steps necessary to curb this disturbing trend. I rise in strong support of this resolution. by demonizing Jews and justifying suicide Mr. ACKERMAN. Mr. Speaker, I rise in murders by Palestinian terrorists. strong support of H. Res. 393, and would like The statue of Alfred Dreyfus that stands in The European Convention for the Protection first of all to thank my colleague from New Paris had the words ‘‘dirty Jew’’ painted on it of Human Rights and Fundamental Freedoms York, Mr. CROWLEY for his initiative in bringing earlier this year. espouses the basic rights of all Europeans to this important resolution to the attention of the Dreyfus was a Jewish Captain in the French liberty, security, freedom of religion, and free- House. I also want to thank Chairman HYDE army before he was sent to jail on trumped-up dom from discrimination. Yet, no EU institution and Ranking Member LANTOS for their support charges and fabricated evidence. He served has made any effort to uphold these rights for of Mr. CROWLEY’s resolution. eleven years and survived several attempted Jewish minorities. Mr. Speaker, every year the House con- cover-ups by the French military before his in- It is time for the European nations to take a siders a great number of resolutions on a vast nocence was universally recognized. He was bold unified stance condemning the re-emer- array of topics. I’d like to suggest that the res- finally released in 1906. gence of anti-Semitism in Europe. olution under consideration right now is the To many people, including the father of It is time for the United Nations to take ac- perfect example of what a House resolution Modern Zionism Theodore Herzl, Dreyfus is tion and reverse the virulent wave of anti-Se- ought to be. the symbol of the persecuted Jew and anti- mitic attacks unleashed last year at the U.N. H. Res. 393 is concise, timely, and most of Semitism. Conference on Racism, where delegates all, important. The topic under debate today is sought to equate Zionism and racism and in- the resurgence of a form of hatefulness that For all those who remember history, the fact sisted that the Holocaust be written with a we all hoped would never again emerge in Eu- that this statue was the target of anti-Semitism lower case ‘‘h’’ to lessen the magnitude of the rope. Anti-Semitism has a long and unfortu- in today’s France is horribly disturbing. Unfor- tragedy. nate history in Europe and its re-emergence in tunately, France is not alone. Belgium, Britain, Hasn’t the horror of World War II taught us the past few months should serve not only as Italy, Germany, Slovakia, Ukraine, and Greece the danger of anti-Semitism, which seeks to a warning that hatred and bigotry are always have all experienced anti-Semitic incidents dehumanize Jews and make them legitimate lurking in the margins of society, but also as since the upswing in anti-Semitism began. targets for violence? Hasn’t the abomination of a call to arms. In Germany, police have warned Jews that suicide murder shown us what happens when Mr. Speaker, on September 11, 2001, our wearing yarmulkas, the traditional Jewish head hatred devalues human life to create targets Nation and my city of New York especially, coverings, could cause them to be targets of for terrorism? were attacked by the forces of ignorance and attacks. The United States and all civilized nations intolerance, the forces of hatred and exclu- Last April, the Simon Wiesenthal Center re- just not be silent in the face of these threats. sion, the forces of irrationality and brutality. leased its first ever travel advisory, urging We must lead the fight to condemn anti-Semi- The spirit which animated the men who at- Jews to exercise caution when traveling to tism in Europe, the former Soviet Union, and tacked our Nation is the same as that which France or Belgium. everyplace it emerges. motivates the anti-Semitism of the past, the It has been only sixty years since the defeat I urge all of my colleagues to support H. present and, we may expect, of the future as of Hitler and now swastikas have reappeared Res. 393. well. Mr. FERGUSON. Mr. Speaker, I am proud Pathological intolerance is nothing new, but in Europe. They can be found sprayed on to join over 70 of my House colleagues in co- it has, unfortunately, through technology, ac- Jewish schools, drawn on gravestones in a sponsoring H. Res. 393, a resolution con- quired new tools capable of wreaking massive desecrated Jewish cemetery, painted on the demning the rise of anti-Semitism in Europe. violence and havoc. In the 1940s, the re- wall of a synagogue, stitched on the flags of The disturbing trend of hatred, intolerance and sources of an entire nation were put to the anti-Israel demonstrators, and in the hearts cruelty on the continent of Europe demands task of annihilating Europe’s Jews. Today, un- and minds of the people who attack rabbinical our immediate attention and action. fortunately we see their spiritual descendants students and Jewish athletes. We are all aware of the horrors faced by using different tools: car bombs, gas cylinders, The governments of Europe must protect Jewish people in Europe a little more than a light boats and even airplanes. But the mis- their citizens. They must work actively to stop half century ago. For this reason, we must sion of hate is the same and the results just the increase in anti-Semitic incidents, and de- keep Europe’s troubled history in mind and as ghastly. nounce anti-Semitic remarks thinly veiled as scrutinize the numerous anti-Semitic attacks Today, Europe is again facing a tide of ha- anti-Israel. Only then can progress be made on Jews in Europe over the last 18 months tred against Jews. Again we see Europe’s toward the true goal: an atmosphere of co- before these sentiments are allowed to esca- synagogues being defiled, burned and vandal- operation and reconciliation among the Jewish late to more disturbing levels. It is wise not to ized, again we see Europe’s Jews being at- and non-Jewish citizens of Europe. ignore history for fear of being doomed to re- tacked in the streets, and most disconcerting Mr. GILMAN. Mr. Speaker, I have no peat it. of all, again we see Europe’s governments further requests for time, and I yield Of the many despicable attacks that have telling us not to worry, that everything will be back the balance of my time. occurred over the past 18 months, I would like all right, that this is a passing phase, that this The SPEAKER pro tempore (Mr. to single out the brutal beating in Berlin, Ger- is the work of a disaffected few. PENCE). The question is on the motion many of two Yeshiva students from my home Mr. Speaker, I don’t buy that. And more im- offered by the gentleman from New state of New Jersey. These students traveled portantly, today, in passing this vital resolution, York (Mr. GILMAN) that the House sus- to Germany in the youthful pursuit of an edu- the entire Congress is refusing to accept Eu- pend the rules and agree to the resolu- cation and the desire to exchange ideas with rope’s invitation to acquiesence and passivity. tion, H. Res. 393, as amended. another culture. They did not envision being Historically in Europe, Mr. Speaker, Jews singled out for their religion and brutally beat- have been the proverbial ‘‘canary in the coal The question was taken. en by bigoted thugs. We must not ignore this mine,’’ the group whose welfare, acceptance The SPEAKER pro tempore. In the event and the many that have signaled a rise and safety can be seen as a gauge for the se- opinion of the Chair, two-thirds of in anti-Semitism across the European con- curity of all religious and ethnic minorities. And those present have voted in the affirm- tinent. today, Europe’s Jews are again in jeopardy. ative. We are at the birth of a new and uncertain How we confront this awful reality is the test Mr. LANTOS. Mr. Speaker, on that I century. Unfortunately, we have already seen of the pledge our Nation made upon discovery demand the yeas and nays. a rise in narrow-mined hatred, evidenced by of Hitler’s extermination camps in 1945: Never the horrific terror attacks on our Nation on again. The yeas and nays were ordered. September 11th. As a freethinking and com- Today, with the adoption of this critical reso- The SPEAKER pro tempore. Pursu- passionate people, we must insist that our al- lution demanding that European nations live ant to clause 8 of rule XX and the lies follow the American ideals of tolerance up to their responsibilities for the protection of Chair’s prior announcement, further and understanding. At the very least, we must all their citizens, I am proud to say we are liv- proceedings on this motion will be speak out to protect the basic human rights of ing up to that great historical commitment. postponed.

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.023 pfrm12 PsN: H09PT1 H4388 CONGRESSIONAL RECORD — HOUSE July 9, 2002 MOTION TO INSTRUCT CONFEREES factors in this unfortunate phe- The Senate’s language also requires ON H.R. 3295, HELP AMERICA nomenon. Shockingly, the General Ac- that each polling place have at least VOTE ACT OF 2001 counting Office found that 84 percent of one voting system equipped for individ- Mr. LANGEVIN. Mr. Speaker, I offer our Nation’s polling places were inac- uals with disabilities. Guaranteeing a motion to instruct conferees on H.R. cessible to the physically disabled in voting equipment in all polling places 3295. 2000. Blind voters often cannot cast a is one of the disability community’s vote without assistance, the visually The SPEAKER pro tempore. The top priorities in election reform, and I impaired may not be able to decipher Clerk will report the motion. am pleased to announce that this mo- small print or confusing ballots, and The Clerk read as follows: tion to instruct has been endorsed by 26 people in wheelchairs may have dif- disability advocacy groups. Mr. LANGEVIN moves that the managers on ficulty maneuvering in older voting One major component of election re- the part of the House at the conference on booths. the disagreeing votes of the two Houses on form must be to provide the greatest the Senate amendments to the bill H.R. 3295 Just as a personal story to lend pas- possible access to voting for all eligible be instructed to recede from disagreement sion to this argument, it was only just citizens, and the Senate’s accessibility with the provisions contained in subpara- a few short years ago that I myself language is a major step toward this graphs (A) and (B) of section 101(a)(3) of the never knew the privilege of voting noble goal. Senate amendment to the House bill (relat- independently, in privacy, in a voting I urge my colleagues to support this ing to the accessibility of voting systems for booth. Rhode Island had the oldest vot- motion to instruct so that all Ameri- individuals with disabilities). ing machines in the country, lever ma- cans can exercise their fundamental The SPEAKER pro tempore. Pursu- chines, in which I would have to go in right to participate in our democracy ant to the rule, the gentleman from and could not possibly reach the levers by guaranteeing them the right to Rhode Island (Mr. LANGEVIN) and the myself; I would always have to take vote. gentleman from Ohio (Mr. NEY) will someone in. Though I was grateful for Mr. Speaker, I reserve the balance of each be recognized for 30 minutes. the assistance, it certainly deprived me my time. The Chair recognizes the gentleman of the right to a secret and independent Mr. NEY. Mr. Speaker, I yield myself from Rhode Island (Mr. LANGEVIN). vote. Many others know the same such time as I may consume. Mr. LANGEVIN. Mr. Speaker, I yield story. Mr. Speaker, I just wanted to say myself such time as I may consume. As a result of these problems, only 41 today that I agree with the gentleman Mr. Speaker, today I offer this mo- percent of people with disabilities from Rhode Island (Mr. LANGEVIN) that tion to instruct on H.R. 3295, the Help voted in November of 2000, in the No- we need to take steps to improve ac- America Vote Act of 2001, in order to vember of 2000 elections, far below the cess for the disabled to our Nation’s raise awareness of a significant short- national average. With nearly one in election systems. The gentleman from coming in our Nation’s elections: the five Americans having some level of Maryland (Mr. HOYER), our ranking disenfranchisement of disabled voters disability, and approximately 35 mil- member and a partner on this bill, and due to inaccessible voting equipment. lion Americans over the age of 65, we I worked closely with our colleague, I wish to first dedicate this motion to must act now to ensure that our voting the gentleman from Rhode Island, dur- the memory of my good friend, Justin system is accessible to all Americans. ing the drafting of this bill, the Help Improving access to voting has been Dart, Jr., one of the strongest voices America Vote Act. an overarching goal of my work in pub- for the disabled community, who died I am grateful for his input and sup- lic service. As Secretary of State of June 22 at the age of 71. Justin, often port during that process, so I want to Rhode Island, I was the chief architect called the Father of the Americans thank the gentleman from Rhode Is- of a plan to upgrade the State’s voting with Disabilities Act, leaves a great land (Mr. LANGEVIN) for all his hard system and equipment. The replace- legacy of activism and inspires us all work and efforts on this piece of legis- ment of outdated lever machines with with his vision of an America in which lation before us. electronic equipment and Braille and every person can reach his or her full The bill we passed in the House by an tactile ballots helped increase voter potential and actively contribute to so- overwhelming margin last December turnout and significantly reduced ciety. Millions of people’s lives have included a number of provisions to im- been improved by his good deeds, and it chances of error. The entire upgrade was statewide and prove access for persons who have a is in his honor that I offer this motion cost effective, and Rhode Island is now form of disability and authorize funds today. widely recognized as having one of the to help make those improvements hap- I first want to thank my good friend, most modern and accessible voting sys- pen. I was pleased to receive the en- the gentleman from Ohio (Mr. NEY), for tems in the United States. dorsement of the National Federation his inclusive and bipartisan efforts to In Congress, I have continued to em- of the Blind for our bill, the bill that improve our Nation’s elections, and for phasize the importance of voting ac- the gentleman from Rhode Island (Mr. being so receptive to the needs of dis- cess. In March 2001, I joined former LANGEVIN) and the gentleman from abled voters. We owe him a debt of Secretaries of State in Congress in Maryland (Mr. HOYER) and many other gratitude. hosting a voting technology dem- Members on both sides of the aisle, the I also owe a great deal of gratitude to onstration in which we highlighted ac- gentleman from Missouri (Mr. BLUNT) the gentleman from Maryland (Mr. cessible election equipment. Not only and others, supported; and we had that HOYER) and the gentleman from Michi- did this event illustrate the many endorsement for the bill, and we were gan (Mr. CONYERS) for their support of types of affordable and accessible very, very appreciative of that. this motion and for their lifelong com- equipment, it also offered several peo- Just yesterday I was honored to ad- mitment to civil rights. We would not ple with disabilities the opportunity to dress the National Federation of the be where we are today without them. use a voting machine for the very first Blind’s convention in Louisville on pre- Finally, I thank my friend and col- time in their lives. The technology ex- cisely this topic. There is no question league, the gentleman from Minnesota ists to address the disenfranchisement that no matter what the form of dis- (Mr. RAMSTAD), for his advocacy of the of disabled voters, and Congress must ability, in this case it was a convention rights of the disabled and for joining us encourage its use. of the National Federation of the today in this effort to ensure that peo- For this reason, I am pleased to offer Blind, people have a right to vote in se- ple with disabilities have full access to this motion to instruct in support of crecy and in privacy. In this case, se- voting. the Senate’s accessible voting equip- crecy is not a bad word; secrecy is Mr. Speaker, the low voting partici- ment provisions. The Senate’s version something people have a right to do pation rate among the disabled is a of H.R. 3295 requires voting systems with their ballots, and should have the pervasive and well-documented prob- used in Federal elections to be acces- right to do. lem. Yet the Nation has made little sible for individuals with disabilities, As the work on this bill continues in progress in addressing its causes. The including the blind and visually im- the conference committee, Mr. Speak- inaccessibility of polling places and paired, in a manner that provides pri- er, I am confident we are going to election equipment is one of the major vacy and independence. produce a final product. It will be a

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.066 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4389 final product that makes great strides many times as we have talked, in rural The disenfranchisement of millions of in improving access to the voting proc- areas there are places where people Americans who fell prey to unreliable, ess for the citizens in this country. vote, for example, and if you try to outdated voting machines as well as While I will support the gentleman’s move them to another area you would the wide bipartisan support in the Con- motion, and I do fully support it, and I have to involve buses to take people to gress for the Federal election reform appreciate the gentleman’s work on other places to vote. In my district, for will hopefully change that. this, I want to make just a couple of example, we have very few taxis or Members on both sides of the aisle points. public bus systems. So looking at the have spoken eloquently and sincerely First, I do say that it is my belief rural area, still protecting people’s about safeguarding our most cherished that this Congress should provide fund- rights is going to be something I know democratic right: the right to vote and ing that will enable States to meet the that we can talk definitely about. to have one’s vote counted. requirements it imposes. That is not Again, let me make it clear that I ex- Yet our work is not done, for who only for this issue. It is for other pect when this conference is com- among us would accept election reform issues, provisional voting, central data- pleted, and I expect this conference to that fails to ensure the privacy and base, all the other good provisions that be completed hopefully very soon, the independence of millions of eligible are contained within this bill and changes that will ensue will improve voters at the ballot box? None of us, I many good provisions, frankly, that access for the disabled community and would argue, because the right to exer- are also in the Senate bill. ensure, I will use the word ‘‘ensure,’’ cise the franchise under conditions But I always like to mention the that blind voters are able to vote pri- that afford privacy and independence is monetary side to this, too, because far vately and independently. intimately American and bound up in too often we here in Congress like to One other point I want to add about what it means to be a free and equal enact requirements and pat ourselves the technology, too. I know there are citizen in a democratic society. Yet in on the back for all the good we have certain companies that have actually thousands of polling places across the done while sending the bill to someone publicly stated that they can equip country, voters who are physically, vis- else. Now, I say that because I am a every machine, and I hope that as this ually, or mentally challenged enjoy creature of the Ohio legislature and the bill progresses and people are buying less privacy and independence when Ohio House and Senate, so it used to be machines across this country to update they exercise their sacred right to vote my course of business to complain and put integrity into the voting proc- than do other voters. about Washington, D.C. sending down ess, that the machines are equipped; That is why I urge all Members to mandates or something of that nature the hope is the technology comes support this important motion to in- and then not providing the money. through and that en masse machines struct offered by our colleague, the Now, the bill we crafted together has are equipped. gentleman from Rhode Island (Mr. minimum requirements; but they are I look forward to working with the LANGEVIN). It is fair and it makes requirements enforced by Justice, and gentleman from Rhode Island (Mr. sense. It recognizes, as most of us do, good requirements are going to ensure LANGEVIN) and my friend from Mary- that the election reform conference re- that an illegal vote does not cancel out land (Mr. HOYER), who I mentioned ear- port should combine the best of the a true vote. People have the right to lier, to secure the adequate funding but House-passed Help America Vote Act vote, and we back all of those provi- also to enact a conference report that with the Senate-passed bill. To that sions. absolutely improves access for the dis- end, the gentleman from Rhode Is- I want to make sure that we always abled community across the United land’s motion instructs the House con- stress that if we are going to impose States. ferees to agree to section 101(A)(3) of Mr. Speaker, I reserve the balance of any requirements on the States, we the Senate amendment to the House my time. should provide funds to make it pos- bill. sible for those requirements to be met. Mr. LANGEVIN. Mr. Speaker, I yield This section states that by January My support for this motion and all the myself such time as I may consume. 2007 voting systems shall be accessible language, frankly, contained in the Mr. Speaker, again, I thank the for individuals with disabilities, in- House bill and in the Senate bill deal- chairman for his help and support on cluding nonvisual accessibility for the ing with any provision, as I mentioned this issue. We would not be here on the blind and visually impaired, in a man- before, provisional voting, central election reform without his diligent ner that provides the same opportunity database, is always going to be condi- leadership, and I thank the gentleman. for access and participation, including tioned on the fact that we have to have Earlier in my statement, Mr. Speak- privacy and independence, as for other the money. er, I acknowledged and expressed my voters. I know that my colleague, the gen- gratitude to the gentleman from Mary- Make no mistake about it, I am tleman from Maryland (Mr. HOYER), land (Mr. HOYER), my distinguished agrees with that. We have to continue colleague, who is, as many know, the proud of the Help America Vote Act. I through this whole process. As we get author of the Americans with Disabil- am proud of the work that the gen- the language that makes this bill a ities Act and who has been a great tleman from Ohio (Mr. NEY) and I and great bill to send to the President, we champion of people with disabilities so many others, including the gen- have to continue to push also for the and their rights. tleman from Rhode Island (Mr. money so locals have some help in im- Mr. Speaker, I yield 5 minutes to the LANGEVIN) and the gentlewoman from plementing. Otherwise, it is not going distinguished gentleman from Mary- Texas (Ms. EDDIE BERNICE JOHNSON) to be implemented in the way that we land (Mr. HOYER). and others, helped us achieve. But we need it done. Mr. HOYER. Mr. Speaker, I thank have not finished the job yet, Mr. the gentleman from Rhode Island (Mr. Speaker; and we need to do that. b 1515 LANGEVIN), and I thank him for his We need to pass this motion and then Second, in keeping with the require- leadership on this issue and so many hopefully the conference will become ments of the Americans with Disabil- others. He has been extraordinarily even more energized than it has been. ities Act, I think we should be requir- helpful in getting the election reform We are late, not too late, but we are ing States to make also reasonable ac- legislation to the place it is now. I late in passing a conference report that commodations. One thing we need to think this motion he now makes, and incorporates, as I said, the best of the talk about down the road here too in it is supported by both the gentleman House bill and the best of the Senate the next couple of weeks are certain from Ohio (Mr. NEY) and myself, is an bill. We need to pass election reform. rural areas where we want to make important one; and I want to thank We need to pass it in the next 3 weeks sure that if provisions are adopted that him for that. if at all possible. We need to tell the we in fact do not shut people out of Mr. Speaker, in the 20 months since States the resources they will have voting. Because sometimes the rural our last national election, the Amer- available to make their machines not areas, and we have used this in the ican people have seen the very best and only accessible but accurate as they Committee on Energy and Commerce very worst that democracy has to offer. count every American’s vote.

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.068 pfrm12 PsN: H09PT1 H4390 CONGRESSIONAL RECORD — HOUSE July 9, 2002 Mr. Speaker, I urge all of my col- were denied the full exercise of their urge conferees to adopt the language as leagues to support this very, very im- fundamental rights and their constitu- outlined in the gentleman from Rhode portant motion to instruct. tional franchise. It happened across Island’s motion. Mr. NEY. Mr. Speaker, I yield 2 min- this Nation. Moreover, most of those I also commend the gentleman from utes to the distinguished gentlewoman excluded from democracy were Ameri- Ohio (Mr. NEY) and the gentleman from from Maryland (Mrs. MORELLA). cans of color. As such, election reform Maryland (Mr. HOYER) for their leader- Mrs. MORELLA. Mr. Speaker, I is the number one legislative priority ship on this issue and commend the thank the gentleman for yielding me for the Congressional Black Caucus, gentleman from Rhode Island (Mr. time. and I sincerely hope that it is a top pri- LANGEVIN) for this amendment. Mr. Speaker, I just rise in very ority for every Member of the 107th Mr. LANGEVIN. Mr. Speaker, I yield strong support of the motion offered by Congress. We cannot be silenced until 3 minutes to the distinguished gen- our colleague from Rhode Island, who Congress answers the call for electoral tleman from Virginia (Mr. SCOTT). is one of four co-chairs with me on the reform. This is not a black, white or Mr. SCOTT. Mr. Speaker, I thank the Disabilities Caucus. And it is so impor- brown issue. It is an American issue. It gentleman for yielding me time. Mr. Speaker, I rise in support of this tant that we do instruct the conferees is a red, white and blue issue. to accept the Senate version, which It should be of great concern to each motion to instruct conferees on elec- would require that we have one voting of us that if any one of us is improperly tion reform offered by the gentleman from Rhode Island (Mr. LANGEVIN). machine in every polling place, at denied access to the ballot box or if Mr. Speaker, this motion to instruct least, that is accessible to people with every ballot cast is not counted, the does a very simple, but important, disabilities. survival of our democracy depends on As a matter of fact, on July 26 of this thing. It asks conferees to adopt the the accuracy and integrity of our elec- language in the Senate bill with re- year, we will celebrate the 12th anni- tion system. It is important that con- spect to voting equipment with persons versary of the Americans with Disabil- ferees make an effective date for elec- with disabilities. The Senate language ities Act. I was one of the co-sponsors tion reform in time for the next Presi- says that there must be at least one ac- of that act, as were many of Members dential election in 2004. Actually, it cessible voting machine in each polling who are here serving in this 107th Con- should have been in time for our con- place, a voting machine that would gress. Certainly, the concept of Ameri- gressional elections; but we will go for- allow voters with disabilities to vote cans with Disabilities is one where we ward, unfortunately with the same sys- privately and independently just like would allow them indeed the most pre- tem that caused us as much headache everybody else. cious privilege that we have as Ameri- as it did in November 2000. Let me share with you the manner in cans, the right to vote and to make it For the second instruction, it is im- which most blind voters currently cast accessible. So I thank the gentleman portant that the government has the their ballots at an election. First, they from Rhode Island (Mr. LANGEVIN). ability as soon as it is feasible to le- have to bring someone along with them I know this body will assuredly gally check to see if States are, in fact, to help them cast their ballot, or they unanimously support this motion to in- making the necessary changes that the can have a poll worker assist them. struct the conferees on this election re- final election reform bill stimulates. I Then they have to let the other person form bill. hope each of my colleagues will do his read the ballot to them out loud. This Mr. Speaker, I want to thank the and her part by voting in favor of this is usually done in a voting booth that gentleman from Ohio (Mr. NEY) for the sensible motion to instruct. is adjacent to other voting booths; and leadership he has shown in bringing us Mr. LANGEVIN. Mr. Speaker, I yield in order to vote, the voter with the dis- together in terms of true election re- 2 minutes to the distinguished gen- ability has to announce his or her forms and the ranking member of his tleman from Illinois (Mr. DAVIS). choice to the person helping him. All of committee, too. Mr. DAVIS of Illinois. Mr. Speaker, I this is likely to be within listening Mr. LANGEVIN. Mr. Speaker, I yield want to thank the gentleman for yield- range of other voters at the polling 3 minutes to the distinguished gentle- ing me time. place. Persons with other disabilities woman from Texas (Ms. EDDIE BERNICE Mr. Speaker, I rise in support of the also suffer a compromise of their right JOHNSON). motion to instruct conferees on the to cast a secret ballot. Ms. EDDIE BERNICE JOHNSON of election reform bill, H.R. 3295, which I cannot imagine that this is a man- Texas. Mr. Speaker, let me thank the has been submitted by my colleague ner in which most Americans would be leadership of this committee, the gen- from Rhode Island (Mr. LANGEVIN). The comfortable in voting. Most of us value tleman from Ohio (Mr. NEY) and the motion asks the conferees to agree to our privacy and independence in a vot- gentleman from Maryland (Mr. HOYER). the Senate provisions relating to the ing place. I know how diligent they have been in accessibility of voting systems for indi- working on this, and most especially to viduals with disabilities. b 1530 the gentleman from Rhode Island (Mr. It is essential that at least one vot- Many of us choose not to reveal our LANGEVIN) for offering the motion to ing machine in each polling place be voting choices to others. We view it as instruct the conferees. accessible to people with disabilities. our right to keep our choices private, Mr. Speaker, whether the policy This can be done in a manner that pro- but many voters with disabilities do issue is prescription drug coverage, vides the same opportunity for access not currently have this option. Their education, or any other matters within and participation, including privacy ballot choices are shared with at least the jurisdiction of the Congress, the and independence, as for other voters. one other person and often more. most fundamental issue facing all of us The language referred to in the gen- This harsh reality was revealed in a is restoring the public’s faith in democ- tleman from Rhode Island’s motion has recent GAO report. During the 2000 racy. Congress must make electoral re- been endorsed by a coalition of 17 na- presidential election, the GAO sur- form a top priority, and we hope to see tional organizations representing peo- veyed hundreds of polling places the conclusion of this bill in conference ple with disabilities; and I believe this throughout the country to measure ac- soon. is the best approach for increasing the cess for voters with disabilities. The Constitutionally mandated equal pro- participation of all citizens in the elec- GAO found that none, not one, of the tection of the laws and the Voting toral process, especially at a time when hundreds of polling places surveyed al- Rights Act require an electoral system voter participation has been decreas- lowed voters with disabilities to vote in which all Americans are able to reg- ing. privately and independently. Every ister as voters, remain on the rolls With the electronic voting tech- polling place required voters with dis- once registered, and vote free from har- nology that exists today, it is possible abilities to vote in the somewhat pub- assment. Ballots must not be mis- to enable many individuals with dis- lic manner I referred to. leading, and every vote must count and abilities to record their votes directly This motion to instruct seeks to rem- be counted. and in privacy. This is a fundamental edy this problem by requiring that one In the 2000 election, Florida was not right that all Americans should have. voting machine per polling place incor- the only State where American citizens The cost to do this is minimal, and I porate assistive technology that allows

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.070 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4391 any voter, including voters with dis- forts in bringing this to our attention thank him for his leadership on these abilities, to vote privately and inde- and urge everybody to universally sup- issues, as well as the gentleman from pendently. Potentially, it could impact port this motion to instruct. Ohio (Mr. NEY). millions of voters with disabilities, by Mr. LANGEVIN. Mr. Speaker, I am The right to vote, Mr. Speaker, is the allowing them full and equal access to pleased to yield 2 minutes to the gen- most basic and fundamental right we the voting process, and that is the tlewoman from California (Mrs. have as Americans, and despite the im- least that they deserve, for that is CAPPS). portance of this constitutionally im- what most of us expect for ourselves Mrs. CAPPS. Mr. Speaker, I thank portant and constitutionally protected and our constituents when we go to the my colleague for yielding me the time. right, every election there are millions polling place. It is also likely that for Mr. Speaker, I rise to express strong of citizens with disabilities who find it these accessible voting machines to be support for the Langevin-Hoyer-Con- difficult, if not impossible, to cast there, the cost will be borne at least in yers motion to instruct conferees on their ballot. part by the Federal Government. the election reform bill. Election re- Across the country, thousands of vis- I commend the gentleman from form is one of the most important ually impaired people, voters, are un- Rhode Island for his leadership on this issues that we will face in the 107th able to cast a secret vote, a right af- issue. I urge my colleagues to support Congress. forded to every other American, be- the motion to instruct. Last year, we cast historic bipartisan cause of their inability to read the bal- Mr. NEY. Mr. Speaker, I yield 2 min- election reform language and legisla- lot visually. utes to the distinguished gentleman tion that will significantly improve our This motion to instruct asks the con- from Florida (Mr. FOLEY). election system. More importantly, ferees to include language passed by Mr. FOLEY. Mr. Speaker, let me first this legislation will protect one of our the Senate that requires every polling thank the gentleman from Rhode Is- most cherished democratic rights, the place to offer at least one voting ma- land (Mr. LANGEVIN) for this excellent right to vote. chine equipped for individuals with dis- legislative initiative, and I want to In passing the Help America Vote abilities. That is the least we can do, also thank the gentleman from Ohio Act, we understood that this legisla- Mr. Speaker, to provide access to vot- (Mr. NEY), the chairman of the com- tion was not perfect. One area that ing for every American, every citizen. mittee, because this is vitally impor- needs to be improved on is the lan- This motion is about fairness, and tant to our Nation, to our democracy, guage concerning the right of voters people with disabilities deserve equal to the comfort our voters feel when with disabilities and their access to access to voting. Over the years, Con- they leave the polls, that the vote is polling places, and I thank my col- gress has worked hard to ensure that counted, but in this particular in- league, the gentleman from Rhode Is- every person’s voice is heard regardless stance, we need to ensure that every land (Mr. LANGEVIN), for his leadership of race, religion or ethnic background. American is allowed and able to vote. on this issue. It is long past time that we provide the It is not as easy said as done. One of the greatest challenges voters same opportunity to individuals with We have barriers and we do have face are inaccessible buildings and vot- disabilities. roadblocks for people to achieve a nor- ing machines. According to the GAO, 84 This motion is very timely. We have mal living in this country. This will go percent of polling places examined in just returned from celebrating the 4th a long way to ensure that those who the last election were found to have of July, the birth of our great Nation. are disabled are able to make it to the one or more physical impediments We have the opportunity today, Mr. voting polls and cast their ballot for which would limit people’s access, peo- Speaker, to ensure that the vision of the candidates that they feel are most ple with disabilities. This is appalling. our Founding Fathers is realized, that appropriate for this Nation. In my view, we need to make polling every American has an equal oppor- We in Florida, of course, had an in- places and voting machines fully acces- tunity to vote. teresting election. The gentleman from sible to elderly, to frail, to those with I urge Members to vote yes for this Ohio’s bill speaks to all of the concerns disabilities. important motion, and again, I thank that many Floridians had during that Affording all people the opportunity the gentleman from Rhode Island (Mr. contentious debate. I do want to com- to cast a secret ballot is of critical im- LANGEVIN) for his leadership on this mend him and the gentleman from portance to our election system. There- important issue. Maryland (Mr. HOYER) for working so fore, I urge my colleagues to support Mr. LANGEVIN. Mr. Speaker, I again cooperatively on an issue that for a the Senate language to require States want to thank the gentleman from while divided the Nation, but hopefully to maintain voting systems that are Minnesota (Mr. RAMSTAD) for his sup- when this final product makes it to the accessible to disabled and elderly vot- port of this issue. Mr. Speaker, I re- President’s desk, it will unite us as ers. serve the balance of my time. Americans, knowing that when we do, Finally, I am hopeful that as we Mr. NEY. Mr. Speaker, again, I sup- in fact, cast those ballots, those crit- move forward on this issue Congress port this motion, and I yield back the ical ballots, whether it is for city com- will enact a Federal election reform balance of my time. missioner, county commissioner or bill that ensures every single vote is Mr. LANGEVIN. Mr. Speaker, I yield President of the United States, they counted and that no American is ever myself such time as I may consume. are done accurately, they are done ef- disenfranchised again. We must regain In closing, I just want to reiterate fectively, and they are done without the trust and full participation of vot- my appreciation to the gentleman from any degree of uncertainty. ers across this country. Ohio (Mr. NEY) for his leadership both The gentleman from Rhode Island This is a great first step and I com- on election reform and on disabilities (Mr. LANGEVIN) has been the leader on mend my colleagues who are leaders in issues and agreeing to support this mo- this and a number of other issues, and this area, and I urge all of us in this tion to instruct. We would not be I commend him and encourage and House to support the motion that is be- where we are on election reform with- urge my colleagues to be fully sup- fore us this afternoon. out his support and I thank him. portive of this motion to instruct. It Mr. NEY. Mr. Speaker, I yield 2 min- Mr. Speaker, as I previously men- will not only improve the bill substan- utes to the gentleman from Minnesota tioned, I offered this motion in honor tially but will improve the lives of mil- (Mr. RAMSTAD). of Justin Dart, the father of the Ameri- lions of Americans who up until now Mr. RAMSTAD. Mr. Speaker, I thank cans with Disabilities Act and an ar- may have found themselves the distinguished chairman for yield- dent supporter of greater access to vot- disenfranchised by polling places that ing me the time. ing. Last year during the ADA anniver- were not familiar, not comfortable, not Today, Mr. Speaker, I rise in strong sary celebration Justin said, Let us accessible. support of this important motion rise above politics as usual. Let us join So I think this is something overdue, which I offered with my good friend, together, Republican, Democrats, Inde- quite frankly, long overdue in the an- the gentleman from Rhode Island (Mr. pendents, Americans. Let us embrace nals of our electoral system, and I com- LANGEVIN), the cochair of the House each other in love for individual human mend the gentleman for his great ef- Disabilities Caucus, and I want to life. Let us unite in action to keep the

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.073 pfrm12 PsN: H09PT1 H4392 CONGRESSIONAL RECORD — HOUSE July 9, 2002 sacred pledge, life, liberty and justice Filner Latham Rodriguez Wolf Wu Young (AK) for all. Fletcher LaTourette Roemer Woolsey Wynn Young (FL) Foley Leach Rogers (KY) I ask my colleagues to help empower Forbes Lee Rogers (MI) NAYS—2 all Americans by voting for this mo- Ford Levin Rohrabacher Flake Paul tion to instruct. Fossella Lewis (CA) Ros-Lehtinen Frank Lewis (GA) Ross NOT VOTING—22 GENERAL LEAVE Frelinghuysen Lewis (KY) Rothman Ackerman Goode Roukema Mr. LANGEVIN. Mr. Speaker, I ask Frost Linder Roybal-Allard Barrett Hastings (FL) Schaffer unanimous consent that all Members Gallegly Lipinski Royce Blagojevich Holt Souder may have 5 legislative days within Ganske LoBiondo Rush Bonior Hulshof Spratt Gekas Lofgren Ryan (WI) Boucher Meeks (NY) Traficant which to revise and extend their re- Gephardt Lowey Ryun (KS) Cummings Olver Walsh marks on the motion to instruct. Gibbons Lucas (KY) Sabo Delahunt Pelosi The SPEAKER pro tempore (Mr. Gilchrest Lucas (OK) Sanchez Dreier Riley Gillmor Luther PENCE). Is there objection to the re- Sanders Gilman Lynch Sandlin b 1604 quest of the gentleman from Rhode Is- Gonzalez Maloney (CT) Sawyer So the motion to instruct was agreed land? Goodlatte Maloney (NY) Saxton to. There was no objection. Gordon Manzullo Schakowsky Goss Markey The result of the vote was announced Mr. LANGEVIN. Mr. Speaker, I yield Schiff Graham Mascara Schrock as above recorded. back the balance of my time. Granger Matheson Scott A motion to reconsider was laid on Graves Matsui The SPEAKER pro tempore. Without Sensenbrenner the table. objection, the previous question is or- Green (TX) McCarthy (MO) Serrano Green (WI) McCarthy (NY) dered on the conference report. Sessions f Greenwood McCollum Shadegg There was no objection. Grucci McCrery Shaw ANNOUNCEMENT BY THE SPEAKER Gutierrez McDermott The SPEAKER pro tempore. The Shays Gutknecht McGovern PRO TEMPORE Sherman question is on the motion to instruct Hall (OH) McHugh Sherwood The SPEAKER pro tempore (Mr. offered by the gentleman from Rhode Hall (TX) McInnis Shimkus Island (Mr. LANGEVIN). Hansen McIntyre PENCE). Pursuant to clause 8 of rule Shows The question was taken; and the Harman McKeon XX, the Chair will now put the ques- Hart McKinney Shuster tion on motions to suspend the rules on Speaker pro tempore announced that Simmons Hastings (WA) McNulty which further proceedings were post- the ayes appeared to have it. Hayes Meehan Simpson Mr. LANGEVIN. Mr. Speaker, I ob- Hayworth Meek (FL) Skeen poned earlier today. Skelton ject to the vote on the ground that a Hefley Menendez Votes will be taken in the following Herger Mica Slaughter order: quorum is not present and make the Smith (MI) Hill Millender- H.R. 5063, by the yeas and nays; and point of order that a quorum is not Hilleary McDonald Smith (NJ) present. Hilliard Miller, Dan Smith (TX) H. Res. 393, by the yeas and nays. Miller, Gary Smith (WA) The SPEAKER pro tempore. Evi- Hinchey f Hinojosa Miller, George Snyder dently a quorum is not present. Hobson Miller, Jeff Solis ARMED FORCES TAX FAIRNESS The Sergeant at Arms will notify ab- Hoeffel Mink Stark ACT OF 2002 sent Members. Hoekstra Mollohan Stearns Holden Moore Stenholm The SPEAKER pro tempore. The The Chair announces that this vote Honda Moran (KS) Strickland will be followed by two 5-minute votes Hooley Moran (VA) Stump pending business is the question of sus- on motions to suspend the rules consid- Horn Morella Stupak pending the rules and passing the bill, ered earlier today. Hostettler Murtha Sullivan H.R. 5063. Houghton Myrick Sununu The Clerk read the title of the bill. The vote was taken by electronic de- Hoyer Nadler Sweeney vice, and there were—yeas 410, nays 2, Hunter Napolitano Tancredo The SPEAKER pro tempore. The not voting 22, as follows: Hyde Neal Tanner question is on the motion offered by Inslee Nethercutt Tauscher the gentleman from New York (Mr. [Roll No. 285] Isakson Ney Tauzin HOUGHTON) that the House suspend the YEAS—410 Israel Northup Taylor (MS) Issa Norwood rules and pass the bill, H.R. 5063, on Abercrombie Brady (TX) Crowley Taylor (NC) Istook Nussle Aderholt Brown (FL) Cubin Terry which the yeas and nays are ordered. Jackson (IL) Oberstar Akin Brown (OH) Culberson Thomas This will be a 5-minute vote. Jackson-Lee Obey Allen Brown (SC) Cunningham Thompson (CA) (TX) Ortiz The vote was taken by electronic de- Andrews Bryant Davis (CA) Thompson (MS) Jefferson Osborne vice, and there were—yeas 413, nays 0, Armey Burr Davis (FL) Thornberry Jenkins Ose Baca Burton Davis (IL) Thune not voting 21, as follows: John Otter Bachus Buyer Davis, Jo Ann Thurman Johnson (CT) Owens [Roll No. 286] Baird Callahan Davis, Tom Tiahrt Johnson (IL) Oxley YEAS—413 Baker Calvert Deal Tiberi Baldacci Camp DeFazio Johnson, E. B. Pallone Abercrombie Blunt Carson (OK) Johnson, Sam Pascrell Tierney Baldwin Cannon DeGette Toomey Aderholt Boehlert Castle Ballenger Cantor DeLauro Jones (NC) Pastor Akin Boehner Chabot Jones (OH) Payne Towns Barcia Capito DeLay Turner Allen Bonilla Chambliss Barr Capps DeMint Kanjorski Pence Andrews Bono Clay Kaptur Peterson (MN) Udall (CO) Bartlett Capuano Deutsch Udall (NM) Armey Boozman Clayton Barton Keller Peterson (PA) Baca Borski Cardin Diaz-Balart Upton Clement Bass Carson (IN) Dicks Kelly Petri Bachus Boswell Clyburn Velazquez Becerra Carson (OK) Dingell Kennedy (MN) Phelps Baird Boyd Coble Visclosky Bentsen Castle Doggett Kennedy (RI) Pickering Baker Brady (PA) Collins Vitter Bereuter Chabot Dooley Kerns Pitts Baldacci Brady (TX) Combest Walden Berkley Chambliss Doolittle Kildee Platts Baldwin Brown (FL) Condit Wamp Berman Clay Doyle Kilpatrick Pombo Ballenger Brown (OH) Conyers Berry Clayton Duncan Kind (WI) Pomeroy Waters Barcia Brown (SC) Cooksey Biggert Clement Dunn King (NY) Portman Watkins (OK) Barr Bryant Costello Bilirakis Clyburn Edwards Kingston Price (NC) Watson (CA) Bartlett Burr Cox Bishop Coble Ehlers Kirk Pryce (OH) Watt (NC) Barton Burton Coyne Blumenauer Collins Ehrlich Kleczka Putnam Watts (OK) Bass Buyer Cramer Blunt Combest Emerson Knollenberg Quinn Waxman Becerra Callahan Crane Boehlert Condit Engel Kolbe Radanovich Weiner Bentsen Calvert Crenshaw Boehner Conyers English Kucinich Rahall Weldon (FL) Bereuter Camp Crowley Bonilla Cooksey Eshoo LaFalce Ramstad Weldon (PA) Berkley Cannon Cubin Bono Costello Etheridge LaHood Rangel Weller Berman Cantor Culberson Boozman Cox Evans Lampson Regula Wexler Berry Capito Cunningham Borski Coyne Everett Langevin Rehberg Whitfield Biggert Capps Davis (CA) Boswell Cramer Farr Lantos Reyes Wicker Bilirakis Capuano Davis (FL) Boyd Crane Fattah Larsen (WA) Reynolds Wilson (NM) Bishop Cardin Davis (IL) Brady (PA) Crenshaw Ferguson Larson (CT) Rivers Wilson (SC) Blumenauer Carson (IN) Davis, Jo Ann

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.075 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4393 Davis, Tom John Owens Tiberi Wamp Whitfield Etheridge LaFalce Rangel Deal Johnson (CT) Oxley Tierney Waters Wicker Evans LaHood Regula DeFazio Johnson (IL) Pallone Toomey Watkins (OK) Wilson (NM) Everett Lampson Rehberg DeGette Johnson, E. B. Pascrell Towns Watson (CA) Wilson (SC) Farr Langevin Reyes DeLauro Johnson, Sam Pastor Turner Watt (NC) Wolf Fattah Larsen (WA) Reynolds DeLay Jones (NC) Paul Udall (CO) Watts (OK) Woolsey Ferguson Larson (CT) Rivers DeMint Jones (OH) Payne Udall (NM) Waxman Wu Filner Latham Rodriguez Deutsch Kanjorski Pence Upton Weiner Wynn Flake LaTourette Roemer Velazquez Weldon (FL) Diaz-Balart Kaptur Peterson (MN) Young (AK) Fletcher Leach Rogers (KY) Visclosky Weldon (PA) Dicks Keller Peterson (PA) Young (FL) Foley Lee Rogers (MI) Dingell Kelly Petri Vitter Weller Forbes Levin Rohrabacher Doggett Kennedy (MN) Phelps Walden Wexler Ford Lewis (CA) Ros-Lehtinen Dooley Kennedy (RI) Pickering NOT VOTING—21 Fossella Lewis (GA) Ross Doolittle Kerns Pitts Frank Lewis (KY) Rothman Doyle Kildee Platts Ackerman Dreier Riley Frelinghuysen Linder Roybal-Allard Duncan Kilpatrick Pombo Barrett Hastings (FL) Roukema Frost Lipinski Royce Dunn Kind (WI) Pomeroy Blagojevich Holt Schaffer Gallegly LoBiondo Rush Edwards King (NY) Portman Bonior Hulshof Souder Ganske Lofgren Ryan (WI) Ehlers Kingston Price (NC) Boucher Meeks (NY) Spratt Gekas Lowey Ryun (KS) Ehrlich Kirk Pryce (OH) Cummings Olver Traficant Gephardt Lucas (KY) Sabo Emerson Kleczka Putnam Delahunt Pelosi Walsh Gibbons Lucas (OK) Sanchez Engel Knollenberg Quinn Gilchrest Luther Sanders English Kolbe Radanovich b 1614 Gillmor Lynch Sandlin Eshoo Kucinich Rahall Gilman Maloney (CT) Sawyer Etheridge LaFalce Ramstad So (two-thirds having voted in favor Gonzalez Maloney (NY) Saxton Evans LaHood Rangel thereof) the rules were suspended and Goode Manzullo Schakowsky Everett Lampson Regula the bill was passed. Goodlatte Markey Schiff Farr Langevin Rehberg The result of the vote was announced Gordon Mascara Schrock Fattah Lantos Reyes Goss Matheson Scott Ferguson Larsen (WA) Reynolds as above recorded. Graham Matsui Sensenbrenner Filner Larson (CT) Rivers A motion to reconsider was laid on Granger McCarthy (MO) Serrano Flake Latham Rodriguez the table. Graves McCarthy (NY) Sessions Fletcher LaTourette Roemer Green (TX) McCollum Shadegg Foley Leach Rogers (KY) f Green (WI) McCrery Shaw Forbes Lee Rogers (MI) Greenwood McDermott Shays Ford Levin Rohrabacher CONCERNING RISE IN ANTI- Grucci McGovern Sherman Fossella Lewis (CA) Ros-Lehtinen Gutierrez McHugh Sherwood Frank Lewis (GA) Ross SEMITISM IN EUROPE Gutknecht McInnis Shimkus Frelinghuysen Lewis (KY) Rothman The SPEAKER pro tempore. The Hall (OH) McIntyre Shows Frost Linder Roybal-Allard Hall (TX) McKeon Shuster Gallegly Lipinski Royce pending business is the question of sus- Hansen McKinney Simmons Ganske LoBiondo Rush pending the rules and agreeing to the Harman McNulty Simpson Gekas Lofgren Ryan (WI) resolution, H. Res. 393, as amended. Hart Meehan Skeen Gephardt Lowey Ryun (KS) The Clerk read the title of the resolu- Hastings (WA) Meek (FL) Skelton Gibbons Lucas (KY) Sabo Hayes Menendez Slaughter Gilchrest Lucas (OK) Sanchez tion. Hayworth Mica Smith (MI) Gillmor Luther Sanders The SPEAKER pro tempore. The Hefley Millender- Smith (NJ) Gilman Lynch Sandlin question is on the motion offered by Herger McDonald Smith (TX) Gonzalez Maloney (CT) Sawyer the gentleman from New York (Mr. Hill Miller, Dan Smith (WA) Goode Maloney (NY) Saxton Hilleary Miller, Gary Snyder Goodlatte Manzullo Schakowsky GILMAN) that the House suspend the Hilliard Miller, George Solis Gordon Markey Schiff rules and agree to the resolution, H. Hinchey Miller, Jeff Stark Goss Mascara Schrock Res. 393, as amended, on which the yeas Hinojosa Mink Stearns Graham Matheson Scott Hobson Mollohan Stenholm Granger Matsui Sensenbrenner and nays are ordered. Hoeffel Moore Strickland Graves McCarthy (MO) Serrano This will be a 5-minute vote. Hoekstra Moran (KS) Stump Green (TX) McCarthy (NY) Sessions The vote was taken by electronic de- Holden Moran (VA) Stupak Green (WI) McCollum Shadegg vice, and there were—yeas 412, nays 0, Honda Morella Sullivan Greenwood McCrery Shaw Hooley Murtha Sununu Grucci McDermott Shays not voting 22, as follows: Horn Myrick Sweeney Gutierrez McGovern Sherman [Roll No. 287] Hostettler Nadler Tancredo Gutknecht McHugh Sherwood Houghton Napolitano Tanner Hall (OH) McInnis Shimkus YEAS—412 Hoyer Neal Tauscher Hall (TX) McIntyre Shows Abercrombie Boyd Coyne Hunter Nethercutt Tauzin Hansen McKeon Shuster Aderholt Brady (PA) Cramer Hyde Ney Taylor (MS) Harman McKinney Simmons Akin Brady (TX) Crane Inslee Northup Taylor (NC) Hart McNulty Simpson Allen Brown (FL) Crenshaw Isakson Norwood Terry Hastings (WA) Meehan Skeen Andrews Brown (OH) Crowley Israel Nussle Thomas Hayes Meek (FL) Skelton Armey Brown (SC) Cubin Issa Oberstar Thompson (CA) Hayworth Menendez Slaughter Baca Bryant Culberson Istook Obey Thompson (MS) Hefley Mica Smith (MI) Bachus Burr Cunningham Jackson (IL) Ortiz Thornberry Herger Millender- Smith (NJ) Baird Burton Davis (CA) Jackson-Lee Osborne Thune Hill McDonald Smith (TX) Baker Buyer Davis (FL) (TX) Ose Thurman Hilleary Miller, Dan Smith (WA) Baldacci Callahan Davis (IL) Jefferson Otter Tiahrt Hilliard Miller, Gary Snyder Baldwin Calvert Davis, Jo Ann Jenkins Owens Tiberi Hinchey Miller, George Solis Ballenger Camp Davis, Tom John Oxley Tierney Hinojosa Miller, Jeff Stark Barcia Cannon Deal Johnson (CT) Pallone Toomey Hobson Mink Stearns Barr Cantor DeFazio Johnson (IL) Pascrell Towns Hoeffel Mollohan Stenholm Bartlett Capito DeGette Johnson, E. B. Pastor Turner Hoekstra Moore Strickland Barton Capps DeLauro Johnson, Sam Paul Udall (CO) Holden Moran (KS) Stump Bass Capuano DeLay Jones (NC) Payne Udall (NM) Honda Moran (VA) Stupak Becerra Cardin DeMint Jones (OH) Pence Upton Hooley Morella Sullivan Bentsen Carson (IN) Deutsch Kanjorski Peterson (MN) Velazquez Horn Murtha Sununu Bereuter Carson (OK) Diaz-Balart Kaptur Peterson (PA) Visclosky Hostettler Myrick Sweeney Berkley Castle Dicks Keller Petri Vitter Houghton Nadler Tancredo Berman Chabot Dingell Kelly Phelps Walden Hoyer Napolitano Tanner Berry Chambliss Doggett Kennedy (MN) Pickering Wamp Hunter Neal Tauscher Biggert Clay Dooley Kennedy (RI) Pitts Waters Hyde Nethercutt Tauzin Bilirakis Clayton Doolittle Kerns Platts Watkins (OK) Inslee Ney Taylor (MS) Bishop Clement Doyle Kildee Pombo Watson (CA) Isakson Northup Taylor (NC) Blumenauer Clyburn Duncan Kilpatrick Pomeroy Watt (NC) Israel Norwood Terry Blunt Coble Dunn Kind (WI) Portman Watts (OK) Issa Nussle Thomas Boehlert Collins Edwards King (NY) Price (NC) Waxman Istook Oberstar Thompson (CA) Boehner Combest Ehlers Kingston Pryce (OH) Weiner Jackson (IL) Obey Thompson (MS) Bonilla Condit Ehrlich Kirk Putnam Weldon (FL) Jackson-Lee Ortiz Thornberry Bono Conyers Emerson Kleczka Quinn Weldon (PA) (TX) Osborne Thune Boozman Cooksey Engel Knollenberg Radanovich Weller Jefferson Ose Thurman Borski Costello English Kolbe Rahall Wexler Jenkins Otter Tiahrt Boswell Cox Eshoo Kucinich Ramstad Whitfield

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.022 pfrm12 PsN: H09PT1 H4394 CONGRESSIONAL RECORD — HOUSE July 9, 2002 Wicker Wolf Wynn REPORT ON RESOLUTION PRO- ture, ILEANA ROS-LEHTINEN and LIN- Wilson (NM) Woolsey Young (AK) COLN IAZ ALART ORRINE Wilson (SC) Wu Young (FL) VIDING FOR CONSIDERATION OF D -B , and C H.R. 4687, NATIONAL CONSTRUC- BROWN, ‘‘Queen CORRINE,’’ from the NOT VOTING—22 TION SAFETY TEAM ACT Florida legislature. We came here to- Ackerman Hastings (FL) Roukema gether and we have stood hand in hand Barrett Holt Mr. SESSIONS, from the Committee Schaffer ever since. And ALCEE HASTINGS came Blagojevich Hulshof Souder on Rules, submitted a privileged report Bonior Lantos Spratt (Rept. No. 107–560) on the resolution (H. with us. He reached the highest pin- Boucher Meeks (NY) Traficant Res. 475) providing for consideration of nacle of the judiciary in our State as a Cummings Olver Walsh Federal judge. So we came here in Delahunt Pelosi the bill (H.R. 4687) to provide for the Dreier Riley establishment of investigative teams honor, and we love this Congress and to assess building performance and we love this country. So while our constituents were clean- b 1623 emergency response and evacuation ing up all of the devastation by the procedures in the wake of any building So (two-thirds having voted in favor hurricane, I came to the Congress, and failure that has resulted in substantial thereof) the rules were suspended and the Congress responded and helped us loss of life or that pose significant po- the resolution, as amended, was agreed build back that community. It has tential of substantial loss of life, which to. been a lot of work, Mr. Speaker, and a was referred to the House Calendar and The result of the vote was announced lot of it, the people you see here, ordered to be printed. as above recorded. helped make it happen through the A motion to reconsider was laid on f years. They helped us restore our com- the table. PERSONAL EXPLANATION munity, helped us restore the dignity and the quality of life of many of the f Mr. HOYER. Mr. Speaker, yesterday I was traveling on official House busi- people we represented. A lot of problems arise in my district ness and missed rollcall votes 283 and REPORT ON RESOLUTION PRO- many times. I bring them here to your 284. Had I been present, I would have VIDING FOR CONSIDERATION OF lap and to your feet and to your hands, voted aye on rollcall 283 and aye on H.R. 4635, ARMING PILOTS and many of you, particularly my com- rollcall 284. AGAINST TERRORISM ACT rades and colleagues on the Committee Mr. SESSIONS, from the Committee f on Appropriations, they always do on Rules, submitted a privileged report ANNOUNCEMENT OF DECISION NOT whatever they can to help. Always. (Rept. No. 107–557) on the resolution (H. TO RUN FOR REELECTION That is why I love this body so very Res. 472) providing for consideration of (Mrs. MEEK of Florida asked and was much. I was just gifted and blessed to the bill (H.R. 4635) to amend title 49, given permission to address the House be placed on the Committee on Appro- United States Code, to establish a pro- for 1 minute and to revise and extend priations so I could bring the direct gram for Federal flight deck officers, her remarks.) wishes and concerns of my constitu- and for other purposes, which was re- Mrs. MEEK of Florida. Mr. Speaker, ency to this body, and I appreciate it. ferred to the House Calendar and or- Members of my beloved House, it is no b 1630 dered to be printed. secret that I love this institution and I I was confirmed just last fall on the love my job in Congress. Working with f evening of September 11 when I joined all of you over the years has been one so many of you on the steps of the Cap- REPORT ON RESOLUTION PRO- of the great joys of my life. itol the evening after the terrorist at- VIDING FOR CONSIDERATION OF I told this to my constituents in tacks on New York and the Pentagon H.R. 2486, INLAND FLOOD FORE- Miami on Sunday, because they mean a and we sang God Bless America to- CASTING AND WARNING SYSTEM lot to me. And I love all of you, too, gether, Democrats and Republicans, ACT OF 2002 both the Republicans and the Demo- Northerners and Southerners and West- crats, even the independents, so I want- erners, one Nation under God, indivis- Mr. SESSIONS, from the Committee ed you to hear it from me directly that ible, united and strong. on Rules, submitted a privileged report I have decided not to run for reelection Do I sound maudlin? Do I sound soft? (Rept. No. 107–558) on the resolution (H. this fall. So you will have me until De- Do I sound sad? I never asked for for- Res. 473) providing for consideration of cember. I have enjoyed this stay. It has giveness for standing up for this coun- the bill (H.R. 2486) to authorize the Na- been a good run, Mr. Speaker. It has try. I never asked for forgiveness for tional Weather Service to conduct re- been a good run. standing up for military preparedness. search and development, training, and I was elected to Congress in 1992. I was around during World War II. I outreach activities relating to tropical CORRINE BROWN, ALCEE HASTINGS and I will always want this country to be cyclone inland forecasting improve- were the first African Americans elect- strong and to be prepared. ment, and for other purposes, which ed from the State of Florida since right Throughout my career I have always was referred to the House Calendar and after Reconstruction. I said then that tried to think of the little people and ordered to be printed. we waited 100 years to get to this body, to use the power of government to help so we were very anxious to get to work, improve their lives. I know what it is f and so we did. I came here after 13 like not to have much and not to have years as a State representative and a many prospects. I rose from the lowest REPORT ON RESOLUTION PRO- State senator in the Florida legisla- part of the neighborhood I grew up in VIDING FOR CONSIDERATION OF ture. Tallahassee. They called it The Bot- H.R. 2733, ENTERPRISE INTEGRA- I have been impressed with the House tom. It was ‘‘the black bottom.’’ I was TION ACT OF 2002 from the very first. Every time I look thinking of this the other day because Mr. SESSIONS, from the Committee at the Capitol dome and look at Lady just a few weeks ago the adventurer on Rules, submitted a privileged report Liberty I am more and more in awe. It CURT took me to Moscow and Beijing (Rept. No. 107–559) on the resolution (H. will never get old to me. I am a good on a CODEL. I met with the Presidents Res. 474) providing for consideration of American. I love America. of Russia and China. I have discussed the bill (H.R. 2733) to authorize the Na- I was elected to Congress during a national issues with Presidents Carter, tional Institute of Standards and Tech- crisis time in my community. Hurri- Clinton, and Bush. I have been there, nology to work with major manufac- cane Andrew, the costliest hurricane of Mr. Speaker. I have talked to all of turing industries on an initiative of all time, had just devastated the entire them, walked with kings as the poet standards development and implemen- south end of my district. We worked would say, but not lost the common tation for electronic enterprise inte- very hard together, both Republicans touch. gration, which was referred to the and Democrats. This one black woman from The Bot- House Calendar and ordered to be I came here with two Republicans, we tom, it was one day in the State cap- printed. were together in the Florida legisla- itol in Florida that I was not even able

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.021 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4395 during those days to go into the capitol And when I go back home, I am not you will be a part of this institution, and I lived two blocks from the capitol going to sit still. you will be a part of our body, you will in Tallahassee, and I always looked up My colleagues need to know some of be a part of our legacy. Asi que te va at the capitol and wondered if some the reasons why I am not retiring. I am vamos a estranoi, mi amiga. You are day I would become a part of it. Who not retiring because I am so feeble I my friend. We have traveled many a would imagine that I would become a cannot come up here every day. I am hard road together, and we will con- part of the Florida senate, of the Flor- not retiring because I do not feel I can tinue that struggle together for many ida house? Who would imagine that I do the job, and I am not retiring be- more years. You are not leaving, so we would come here to Washington to be cause I feel that if I were to run I are not going to say good-bye. Adios, in the Halls of Congress? This is a re- would be defeated. Mr. Speaker, I am mi amiga. almost undefeatable. I am almost that vered body. It is a body that is well re- f spected. way in my mind, so that is no reason I grew up during the period of intol- why I am leaving. But I want to go PERSONAL EXPLANATION erance and strict segregation. It was so now, because I have other things to do Ms. JACKSON-LEE of Texas. Mr. unfair, and it left a lasting impression and other careers to pursue. Speaker, on Monday, July 8, 2002, I was on me, and I knew I had to continue to I love this country very much, and unavoidably detained in my district on work. I saw good people held down and serving it has been the greatest honor official business, and I missed rollcall prevented from rising to their poten- of my life. We need more respect. We votes, numbers 283 and 284. If I was tial simply because of their color. I need respect of diversity, we need to present, I would have voted ‘‘aye’’ on knew of good men who were killed for embrace it, and we have to listen. I rollcall vote 283 and ‘‘aye’’ on rollcall the same reason. I saw that power fully appreciate now how progress rare- vote 284. could be used to build or destroy, and I ly comes in giant steps, but in small, saw how powerlessness could lead to incremental lurches forward. So I will f frustration and anger. retire from Congress, fully confident MANY THANKS TO CARRIE MEEK, I can only state to this Congress, to that our great Nation will continue to A GREAT AMERICAN every last one of you, how much I re- prosper. (Mr. HOYER asked and was given spect my blackness and my racial iden- Dr. Benjamin Mays, the former Presi- permission to address the House for 1 tity. I feel very strongly that there is dent of Morehouse College said, ‘‘It minute.) still a debt we owe to the people who isn’t a calamity to die with dreams Mr. HOYER. Mr. Speaker, I have had came before us. unfulfilled, but it is a calamity not to the honor of serving with the gentle- When I was a child, I heard Roland dream.’’ woman from Florida (Mrs. MEEK) on Hayes sing. I got a chance to hear Mr. Speaker, I hope all of my col- the Committee on Appropriations for George Washington Carver speak. I leagues will remember me as someone many years now. We saw the parade of heard W.E.B. DuBois speak. I heard who tried as hard as she could to do Members from both sides of the aisle, Marian Anderson sing. I read the both. all sorts of ideologies, come and give poems of Countee Cullen. So that great f the gentlewoman a hug. They gave her diversity and love that God has given a hug not for her, although she appre- came from my experience as a black NEVER CAN SAY GOOD-BYE ciated it; they gave her a hug for them- person. (Ms. ROS-LEHTINEN asked and was I stand before you today as the given permission to address the House selves. She is an historic leader of this granddaughter of a slave. How wonder- for 1 minute and to revise and extend House, an historic leader of her State, ful. When you look at me, you can see her remarks.) and a great American. She loves this that our Nation’s legacy of slavery and Ms. ROS-LEHTINEN. Mr. Speaker country, and the great news is her racism is not so far removed from our and colleagues, I just want to echo the country loves her. lives today. But we have to keep fight- sentiments on this side of the aisle The gentlewoman from Florida (Mrs. ing. One of the reasons that I was about our sadness regarding the depar- MEEK) is a person of great depth, of elected to this office was to remind you ture from this wonderful institution of great intellect, of great ability, who is of that, and I have tried to do so to the our dear colleague, the gentlewoman as humble an individual as I know, as best of my ability. from Florida (Mrs. MEEK). effective an individual as I know. In my 10 years in the Congress and In my 20 years of elective office, I And, CARRIE, all of us will miss you over three decades of service to my have served every one of those days in the day-to-day operations of this community, I have tried to live by a with my colleague, CARRIE MEEK. The body. But as the gentlewoman from commitment every day of my life, and Congresswoman from Florida has been Florida (Ms. ROS-LEHTINEN) indicated, that is service is a price you pay for a distinguished member of every insti- we know that you are not going. We the space that God has let you occupy. tution I have had the pleasure to serve. think you are probably going to be Because of the love of a strong Chris- In the Florida house we served to- coming here regularly to visit family. tian family, loving parents, protective gether. We moved together to the Flor- Who knows? older brothers and sisters, outsiders ida senate, and then we served here in But we certainly want to say to the who took an interest in me, both white the U.S. Congress. gentlewoman that we thank her. We and black, and a strong desire to suc- In those many years, the gentle- thank her for being her, for being our ceed, I was able to move forward. woman from Florida (Mrs. MEEK) has friend, for being such a great Member Education is the springboard, Mr. distinguished herself as a dedicated of this House. She has brought honor to Speaker. I have stood for it since I public servant, carrying the water on this House, she has brought humanity have been here. Improving the quality so many items of interest to south to this House, and she has brought of life in housing and good health care, Florida and, indeed, our Nation; be- great service to her district. these are springboards. So I know it is cause I think her legacy extends far be- f a vehicle, and that is why I think we yond her Liberty City district, far be- should continue in the Halls of Con- yond our Sunshine State, far beyond EXTENDING DEEP LOVE AND gress to do so. our borders. She leaves a legacy of APPRECIATION I wanted to say a few things here leadership, of dignity, of dedication, (Ms. KAPTUR asked and was given today because of what I have lived and a real sense of community service. permission to address the House for 1 through. We do not have time for me to CARRIE, we are going to have you to minute.) go through all of it. One of these days kick around for a lot of years. You are Ms. KAPTUR. Mr. Speaker, I wish to I will write a book so each of you can not retiring; you are going to be in our add my words to that of the gentleman read it. And other than that I will be hearts and you are going to be in our from Maryland (Mr. HOYER) and the coming back from time to time. I have community for many decades to come. Florida delegation in extending our six grandchildren and I have three chil- I cannot imagine serving here without deepest love and appreciation to our dren, and they all know of my legacy. you. So every day when we are voting, treasured colleague from the State of

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.084 pfrm12 PsN: H09PT1 H4396 CONGRESSIONAL RECORD — HOUSE July 9, 2002 Florida (Mrs. MEEK). Without question, real people. In a real sense, the gentle- That one person that I know, and am her spirit carries this institution, and woman from Florida (Mrs. MEEK) has absolutely certain that she has already she has given hope, not only to her dis- literally represented the best of what come to be known not only as one of trict, but to the people of our entire the House of Representatives is all the greatest orators in the history of country. Each of us here in the House about. It is about people coming from Florida, one of the greatest public serv- knows we are serving with an historic the bottoms, the small places of Amer- ants in the history of Florida, but one figure, and we thank her family, we ica, and representing them with dig- of the greatest Floridians, is the gen- thank the people of Florida, of Miami, nity and honor and respect; and she has tlewoman from Florida (Mrs. MEEK). for sending her here in order that our done that in a magnificent fashion. I have had the honor, the profound country be a better place in which to She has honored this body by her honor and privilege, to know her and to live. presence. She will be remembered a be her friend since we served together I think every single Member here long time by more than those grand- in the Florida legislature; and her wis- whose life she has touched is a better children who love her so much. She dom and her fairness and her compas- person for knowing her. She has will be remembered with honor and sion and her goodness and her strength strengthened us when we were at our love by all of us in this House for the and toughness on behalf of those in weakest, she has made us laugh when time we have been privileged to share need are legendary, and will be more we were taking ourselves too seriously, with her here. legendary each day. and even as recently as this afternoon I wish you bon voyage, CARRIE. I hope I join all Floridians, all who have she was fighting for the weakest and you have a great time in whatever you known her, in thanking her, in wishing the poorest among us in the Committee do. her well, in wishing her and her family on Appropriations in a several-year ef- f and her son, who will be here with us fort that she has fought to get rid of TRIBUTE TO THE HONORABLE soon, Godspeed. Thank you, CARRIE. usurious lending and check-cashing fa- CARRIE MEEK, MEMBER OF CON- f cilities across this country that prey GRESS TRIBUTE TO THE HONORABLE on the poorest among us. I will never meet another person like (Mr. MCDERMOTT asked and was CARRIE MEEK, MEMBER OF CON- the gentlewoman from Florida (Mrs. given permission to address the House GRESS for 1 minute and to revise and extend MEEK), and I say to the gentlewoman, I (Ms. JACKSON-LEE of Texas asked his remarks.) hope that you will come back to us as and was given permission to address Mr. MCDERMOTT. Mr. Speaker, I am often as you wish, because you have a the House for 1 minute and to revise here to speak on behalf of guys with and extend her remarks.) seat in the office of every single person white hair, the gentleman from Vir- on both sides of the aisle of this Cham- Ms. JACKSON-LEE of Texas. Mr. ginia (Mr. MORAN), the gentleman from ber. You are held in the highest regard, Speaker, I know that I will have an op- California (Mr. GEORGE MILLER), and portunity to pay tribute to the distin- and you truly have fulfilled the oath me. The gentlewoman from Florida that you took to represent the inter- guished gentlewoman from Florida (Mrs. MEEK) used to play the game (Mrs. MEEK) at a later time, but I sim- ests of our country. with us all the time; and we knew she It has been my great privilege to ply wanted to not have this RECORD knew who we were, but she would play serve with you, and I thank you for close, after she has made such an elo- like she did not. But her sense of quent statement to her colleagues, your work on behalf of the citizens not humor and her ability to reach down without commenting on what she just of your district or mine, but our into people’s souls really makes the means to those of us who have had the entire country and the world. You are difference. one of a kind. God bless you. Many Members come here and we all privilege of serving with her and on f think or we all try not to lose touch what she means to Florida and to the Nation. b 1645 with where we came from; but there is no question, when the gentlewoman The gentlewoman from Florida (Mrs. TRIBUTE TO THE HONORABLE MEEK) is a renaissance woman. She is from Florida (Mrs. MEEK) speaks on CARRIE MEEK, MEMBER OF CON- this floor, there is no question that she one who will come to the floor with GRESS has not forgotten where she came from passion, but also with knowledge. She (Mr. TAUZIN asked and was given or the people around her, who they is one that is unbeatable in debate be- permission to address the House for 1 were, and what they struggle with. cause she is not one who memorizes or minute and to revise and extend his re- Her voice has been a consistent and tries to recapture facts she does not marks.) solid voice for the people in this soci- know. She speaks both from the heart, Mr. TAUZIN. Mr. Speaker, I wanted ety we try to give a hand up to, but the but as well, from an internal, deeply to rise, too, to let the gentlewoman gentlewoman from Florida would never embedded sense of knowledge of hu- from Florida (Mrs. MEEK) know that, let us get away with just trying. She manity and the needs of our people, no from this side of the aisle, the feelings insisted that we do it. We are going to matter who they are. that have been already expressed about miss her, and they are going to miss I have heard her quote from those her personally are shared broadly her. All of us are going to miss her who many of us only read about, and across this body. coming up the aisle saying, ‘‘the gen- we will miss the eloquence of a states- I say to the gentlewoman from Flor- tleman from Virginia, Mr. MORAN.’’ We woman who can turn heads and minds ida, we have shared a lot of time to- are going to miss her a lot. on issues that they thought they would come to the floor and vote in the oppo- gether, I have shared time on both f sides of the aisle, and we have come site way. through a lot together. We came TRIBUTE TO THE HONORABLE It is well known that we expect to be through Hurricane Andrew. When it CARRIE MEEK, MEMBER OF CON- fortunate enough to be able to serve, got through messing with the gentle- GRESS those of us who may get reelected, with woman’s folks, it came down to Lou- (Mr. DIAZ-BALART asked and was her distinguished son. But what I isiana and messed with mine, and we given permission to address the House would say, Mr. Speaker, that I want share the horrors of those tragic days for 1 minute and to revise and extend the RECORD to be able to account for as with our constituents together, and his remarks.) she gives her remarks this evening, is helped rebuild together. Mr. DIAZ-BALART. Mr. Speaker, as that she is a great woman, a woman of More importantly, I say to the gen- one reads history, many times it seems affection and love, and that we love tlewoman from Florida (Mrs. MEEK), as though the figures that one encoun- her; and, as well, she has been someone she has been a dear friend, a dear friend ters are larger than life. It is uncom- who has, in the deepest of need, she has to so many of us. We have come to love mon to be absolutely certain that, dur- gone there and responded to the need, and admire her in so many ways. ing one’s life, one has met someone but also she has solved the need. That I have often said that this House is who is like the greatest of the char- is for her constituents in Florida, that filled with real people who represent acters that one has met in history. is for the people of the United States of

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.086 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4397 America, and those who may call upon have sat through many hearings and directly under God, and shared that her, who do not know her but see her as many markups together. We have had with all of us. For that, we will be eter- a soldier or sojourner for truth. some good times, and we have had nally grateful to you, Carrie. We love f some real challenges. I have developed you. great affection and respect for the gen- f TRIBUTE TO THE HONORABLE tlewoman from Florida during this pe- CARRIE MEEK, MEMBER OF CON- riod of service. TRIBUTE TO THE HONORABLE GRESS The gentlewoman from Florida (Mrs. CARRIE MEEK, MEMBER OF CON- (Mr. DEUTSCH asked and was given MEEK) is a fighter. I will never forget GRESS permission to address the House for 1 the kind of fight she made for the hur- (Mrs. JONES of Ohio asked and was minute and to revise and extend his re- ricane victims when her district was given permission to address the House marks.) stricken some years ago. This very for 1 minute and to revise and extend Mr. DEUTSCH. Mr. Speaker, this is day, I have seen her fighting for people her remarks.) with both great pride and sadness that without adequate banking services in Mrs. JONES of Ohio. Mr. Speaker, it I rise today to join what I really think our Committee on Appropriations. just happens that today I had on the are unprecedented spontaneous words The gentlewoman from Florida (Mrs. great colors red and white. I am of Members to talk about our friend MEEK) does not always win these pleased, as a member of the Delta and our colleague, the gentlewoman fights, but she always fights with con- Sigma Theta Sorority, Inc., an inter- from Florida (Mrs. MEEK). viction, with a compelling case, and national woman’s sorority, to stand I joined this Chamber with her 10 with the kind of style that makes her here to salute my soror, the Honorable years ago with several other Members a very hard person to oppose. She has a gentlewoman from Florida (Mrs. from Florida, and particularly from warm and winning way; she wins admi- MEEK). south Florida. Three of us were elected: ration and friendship on both sides of It has been wonderful to have an op- myself, the gentlewoman from Florida the aisle. She is a unique Member of portunity to serve in the House of Rep- (Mrs. MEEK), and the gentleman from this body. I have counted it a real resentatives with her. We had a won- Florida (Mr. DIAZ-BALART). privilege to serve with her and am derful chance to talk about the great For those of us in south Florida, we looking forward to several months Delta days, about Bethune College, literally stepped on the shoulders of gi- more of service as we go through the about basketball. In fact, recently she ants: Claude Pepper, Dante Fascell, appropriations cycle. and I coached the Congressional Bas- Bill Lehman. I think for all of us those I wanted to rush over here when I ketball Team called the Hills Angels as truly were icons in American history. saw this spontaneous tribute arising on we played the Georgetown law faculty. We felt we could fill their shoes, but we the House floor, because I am so fond of But more importantly, she is full of knew of their legacy. I think after 10 Mrs. MEEK and so admiring of her. I am history, full of wonder, full of grace; years it is absolutely clear that at pleased this afternoon to add my words and I am so pleased and blessed to have least one of us has attained that leg- of tribute, to wish her well, and to say had the opportunity to serve in the acy, and that is the gentlewoman from that in her months remaining here I House of Representatives with her, if anticipate many more good fights and Florida (Mrs. MEEK), who really in the only for 4 years. good times as we serve together. history of America stands out as a b 1700 unique leader. f In your lifetime God gives you the Clearly not just in the history of TRIBUTE TO THE HONORABLE opportunity to be touched by a number Florida, in the history of south Flor- CARRIE MEEK, MEMBER OF CON- of people. I am so pleased that I had a ida, but truly in the history of America GRESS chance to be touched by this wonder- she is an icon, an icon in terms of in- (Ms. WATSON of California asked tegrity, accomplishment, work, and ful, wonderful woman called CARRIE and was given permission to address MEEK. And I look forward to your fur- compassion. I think that is something the House for 1 minute and to revise that she will remain for the rest of her ther years of service. We will not let and extend her remarks.) you retire. We may let you leave here, life and for all history. Her legacy is Ms. WATSON of California. Mr. not just her good works but her family, but we have other jobs for you, Mrs. Speaker, I had not intended to give my CARRIE MEEK. as well, who join her in public service tribute this afternoon, but we cannot and will continue. On behalf of all the Deltas from be in these Chambers or in hearing dis- across the world, 190,000 strong, we sa- f tance and not be compelled to come up lute our soror, CARRIE MEEK. and add to this tribute. We are going to TRIBUTE TO THE HONORABLE f CARRIE MEEK, MEMBER OF CON- say more later. GRESS I have known the gentlewoman from SPECIAL ORDERS Florida (Mrs. MEEK) for almost 30 years The SPEAKER pro tempore (Mr. (Mr. PRICE of North Carolina asked now. I remember her as a legislator SHUSTER). Under the Speaker’s an- and was given permission to address who rushed up to me one day and said, nounced policy of January 3, 2001, and the House for 1 minute and to revise What is the name of that bill, that bill? under a previous order of the House, and extend his remarks. What is the number of that bill that Mr. PRICE of North Carolina. Mr. the following Members will be recog- you had? We want to do it in Florida. nized for 5 minutes each. Speaker, I want to add my words of She was always probing, always seek- tribute to the spontaneous demonstra- ing to make good public law. f tion this afternoon on behalf of our col- We served together in Noble Women The SPEAKER pro tempore. Under a league, the gentlewoman from Florida many years ago. I just went up to her previous order of the House, the gen- (Mrs. MEEK), who has recently an- and I said, I want to take credit for tleman from North Carolina (Mr. nounced her retirement. This is an an- getting you here in 1992. After that JONES) is recognized for 5 minutes. nouncement that caught us by surprise very devastating earthquake she called (Mr. JONES of North Carolina ad- and that we regret; but we welcome my office. We had had a big uprising in dressed the House. His remarks will ap- this chance to pay tribute to the gen- Los Angeles. She said, What can I do? pear hereafter in the Extensions of Re- tlewoman from Florida for whom we I have two young men running against marks.) have great admiration and affection. me. I said, Turn your headquarters into f I have sat next to the gentlewoman an emergency relief center. She did The SPEAKER pro tempore. Under a from Florida on both of my Appropria- that. She gave out beds and blankets previous order of the House, the gentle- tions subcommittees for some years and food, and she ended up in the place woman from Florida (Mrs. THURMAN) is now, both the Subcommittee on VA, where she needed to be; that was in the recognized for 5 minutes. HUD and Independent Agencies and the House of Representatives. Mrs. THURMAN addressed the House. Subcommittee on Treasury, Postal She has served with distinction, but Her remarks will appear hereafter in Service and General Government. We most of all, she has served with heart, the Extensions of Remarks.)

VerDate May 23 2002 02:27 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.088 pfrm12 PsN: H09PT1 H4398 CONGRESSIONAL RECORD — HOUSE July 9, 2002 Mr. DEFAZIO. Mr. Speaker, today Young. There were three commis- much money flooding from these peo- the President gave a long, rather long sioners present. They heard the evi- ple into politics that I fear we will not speech full of words that really admin- dence and at the end, the evidence was get there. istered a pretty heavy feather duster to compelling, Ernst & Young should pay Some of us will continue to speak the miscreants on Wall Street, the a fine. They had committed some im- out. Others will begin to speak out. CEOs, the analysts and the others who proprieties. But guess what? Only one But will they put their vote where have been robbing our corporations, of the three SEC, Securities and Ex- their mouth is? And will the President our economy, blind. He said he was not change Commission, members could really put firm steps where his rhetoric going to put up with it anymore. He vote because the other two were so is? Not today. was going to get tough. compromised that they would have Tomorrow is another day. Americans But it is more what he did not say been penalized under law for voting be- will be a little madder tomorrow. This than what he did say that is important. cause of their associations with this will still be going on tomorrow. Let us He did not say he would support tough firm. So the one voted to penalize see what happens then. legislation to overhaul the securities them, the Clinton appointee. But then f firms, the Sarbanes bill. He did go on an administrative law judge said, you DISASTER IN SOUTH DAKOTA to say he would support the weaker cannot convict these people with one The SPEAKER pro tempore. Under a House version, the one that really Securities and Exchange commis- previous order of the House, the gen- would not do anything for pension re- sioner. You have to have more than tleman from South Dakota (Mr. form or auditing, the show bills that one. THUNE) is recognized for 5 minutes. passed the House here before this thing So here we have a Securities and Ex- really imploded, that the Republican Mr. THUNE. Mr. Speaker, I appre- change Commission which is so com- ciate the opportunity to speak this majority pushed through. They would promised with their contacts, with still allow corporations to direct their afternoon to some issues that are im- their clients, who have represented all portant to my State. employees to be stuck with stock and these people robbing America blind would not really fix the problems of au- In the last week I have had the op- that they cannot even vote on enforce- portunity to travel the State of South diting and those things. ment actions. And the President is try- He did not talk about corporate tax Dakota and witness some enormous ing to tell us with his speech today, by dodges. The phony incorporations of devastation that our State has experi- God, he is taking care of this problem. U.S. firms in Bermuda to avoid tens of enced as a result of drought. It was an- He has not taken care of the problem. nounced yesterday that the month of millions of dollars in taxes. He did not He has tried to take care of one prob- talk about rescinding his order which June was the driest in the 114-year his- lem today and that is the political would allow corporate lawbreakers to tory of our State. In western South Da- problem he has, the gathering storm of get government contracts. He did not kota we have farmers and ranchers who anger in this country that is beginning say a word about Harvey Pitt, the are experiencing tremendous economic to look for someone to blame for the toothless watchdog of the Securities impacts, losing, having to sell and liq- fact that billions of dollars of wealth and Exchange Commission. Now the uidate their herds. We need a solution. have evaporated. I will continue to prevail upon this principal watchdog over America’s se- Americans are opening their 401(k) curities firms and the stock markets body, upon my colleagues here, as I statements this month and many of and all those financial investments, all have already, to provide assistance to them are shocked, disappointed and, of those very complicated, high our farmers and ranchers who are so yes, angered. They want to know who falooting things which have allowed desperately in need of help this year. is responsible. How could these high- people to steal hundreds of millions, In my judgment, the drought we are flying companies, how could these billions, of dollars, bankrupt compa- experiencing in South Dakota is not CEOs who are paying themselves tens nies, put people out of work, steal their unlike many of the other natural disas- of millions, hundreds of millions of dol- pensions and crater the 401(k)s of tens ters that affect other parts of this lars, boards of directors loaning them- of thousands of American. We have an country, and it demands that this Con- selves hundreds of millions of dollars, organization already in place that is gress and the people of this country supposed to take care of that. The Se- how could they suddenly be worthless? step up and support those in my State curities and Exchange Commission. How could their 401(k)s have dropped so who are suffering so desperately this Earlier this year, just a couple of much? Because the money was stolen. year. months ago, the President proposed a And because there is no one home to I also had the opportunity, Mr. zero funding increase for them. Today, enforce the law. Speaker, to witness firsthand some of he pretended that he had been asking The Securities and Exchange Com- the devastation that resulted as a re- for a long time for more money for the mission is the place to enforce the law, sult of the Grizzly Gulch fire, fire that SEC. He has not been, but I am glad and until the President replaces the ravaged about 11,000 acres of South Da- that he has been born again in asking compromised people on the SEC; he has kota this last week. Fortunately, it is for some increase. But the increase he even got one nominated now, he comes under control; it is being contained. is asking for is a tiny fraction of the from a securities firm. But as soon as For that, we owe an incredible debt of money that has been stolen. It will be that person gets there, he will not be gratitude to the extraordinary effort inadequate to make the SEC the kind able to vote on any of these things be- that was made by fire fighters all of watchdog we want as long as Harvey cause they worked on all of these across South Dakota, volunteers who Pitt is the chairman. things. These are their buddies, the came and joined the Federal fire fight- Now, Harvey Pitt is a former securi- people they go to the luncheons with, ers who were doing such a great job of ties lawyer. He is so compromised that the country club, they go yachting controlling, containing that blaze. when he recently met with a firm that with, they go to their multimillion- It came very, very close, right down was being investigated and he was dollar homes in Florida with. to the city’s edge, the city of Deadwood questioned about it, he said, well, look, We need to clean up this mess. The and other communities that would be you cannot ask me not to meet with President had a chance today; he did impacted. It burned a number of struc- firms that are being investigated by not take it. Perhaps we can give him tures and homes, but it did not come the SEC just because I represented another chance again soon. Perhaps into the community as a result of the them, because then I would not be able the Republican leaders of the House extraordinary efforts; and for that, I to meet with anybody. will relent and allow real reforms for give the fire fighters of my State, This is our watchdog. This is the pensions, real reforms for securities. many of them volunteers from across President’s appointee. This is the guy Maybe they will undo some of the our State, great credit for the tremen- who is going to bring honesty. Come things they did back in 1995, which es- dous work that they did in controlling on. If that gentleman is not removed sentially exempted these securities that blaze. the President is not serious. firms from prosecution. The people of my State have pulled Recently the SEC tried to do an en- We can take some real measures here together as they do in times of adver- forcement action against Ernst & if there is the will. But there is so sity to address this tragedy. We saved

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.094 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4399 the community of Deadwood. And in quent in years like this. But the inten- (Ms. NORTON addressed the House. South Dakota, I will tell my col- sity of those fires, Mr. Speaker, is Her remarks will appear hereafter in leagues, we are open and ready for something we can address. We have the Extensions of Remarks.) business. Those who like to vacation, within our control the ability and the f we invite them to South Dakota. We power to give the Forest Service the have a number of wonderful family va- tools that they need, the authority RAIDING THE SOCIAL SECURITY cation attractions. It is very family- they need to go in there and manage TRUST FUND friendly. It is affordable. We have lakes and treat these forests, to clear those The SPEAKER pro tempore. Under a and hills and bike trails, Mount Rush- dead trees and that dead timber in a previous order of the House, the gentle- more, Crazy Horse, many of the other way that will prevent these forest fires woman from Ohio (Ms. KAPTUR) is rec- great attractions that are unique to from happening in the future. ognized for 5 minutes. South Dakota. We want people of this In one part of Beaver Park, which is Ms. KAPTUR. Mr. Speaker, I rise country to come to our State and expe- in the Sturgis area of South Dakota, this evening to continue what has be- rience the wonderful beauty of it and we have there 70 tons of fuel on the come my weekly clocking of the con- take in many of the attractions that ground in an area where the average is tinuing Republican raid on our Na- are available to them. 7 tons of fuel, primarily as a result of tion’s Social Security trust fund. One thing that came out of this also, the pine beetle infestation which has Mr. Speaker, and was reinforced, is been killing trees at a rampant pace. In b 1715 that we need a change in forest policy the last couple of years, in 1999, there Four weeks have passed since I first in this country. Fires are a natural were 15,000 trees that were affected by came to this floor, unveiled our debt part of a forest system. We know that. the pine beetle. In 2001, that was 100,000 clock and our debt graphs and started But the intensity of those fires is not trees. Yet, because of lawsuits, because documenting the truth to the Amer- natural. We need to reduce the fuel of litigation, because of appeals and ican people about the Social Security loads that exist in places, in the Black dilatory tactics, the Forest Service is trust fund. Hills National Forest. We have seen unable to go in and take the steps nec- The truth is that House Republican fires in other parts of the country this essary to keep the lives and property of leaders have turned their back on year, but we have experienced first- people safe and to make sure that our America’s senior citizens and are raid- hand fires in my State, and we have forests are healthy. ing billions every day from our Social enormous loads of fuel on the ground in Mr. Speaker, today I ask my col- Security trust fund. When President places that need to be reduced or we leagues in this body to work with me Clinton left office, our Nation had fi- will be dealing with catastrophic fires to make the necessary changes to give nally moved into an annual balance of throughout the course of the summer. the Forest Service the tools they need accounts, and we were yielding even a The Forest Service needs the author- and the authority they need to do the small surplus. Though we had a huge ity to clear the dead trees that are cre- job of keeping our forests safe, pro- accumulated debt that we were begin- ating the fuel loads that are presenting tecting our lives and property, and our ning to pay off, our Nation’s financial the risk of catastrophic fire. I have forests healthy. house was put in order. been trying now for several months to f What has happened in just a few get a legislative solution in place that The SPEAKER pro tempore. Under a years under Republican leadership is would give the Forest Service the tools previous order of the House, the gen- that we have begun now to amass huge they need to prevent catastrophic fires. additional debts nationally, and there tleman from Arkansas (Mr. ROSS) is Those efforts have been resisted to this recognized for 5 minutes. is only one place where they are going point in the other body. Last week’s (Mr. ROSS addressed the House. His to get the funds to pay for the war, to fire should be a reminder and force us remarks will appear hereafter in the pay for the tax breaks that have been all to take another look at the policies Extensions of Remarks.) given to the wealthiest in this country in this country. and the corporate cowboys that we see We have in this country, in my opin- f now being brought before congressional ion, a big fire policy; as a result, we The SPEAKER pro tempore. Under a committees, and that is, our Nation’s have big fires. We are seeing them burn previous order of the House, the gen- Social Security trust fund. in Arizona and Colorado and now South tleman from California (Mr. FILNER) is Do the Republicans have a plan to Dakota. We need reforms, Mr. Speaker, recognized for 5 minutes. stop this raid? No, they do not, and in that will enable the Forest Service to (Mr. FILNER addressed the House. fact, today, the total raid has run now address these incredible risks that His remarks will appear hereafter in to over $235 billion. That averages out exist in our forests today. the Extensions of Remarks.) to about $837 for every single American The Forest Service, 40 percent litiga- f who will qualify for Social Security. tion and appeals; 40 percent of the dol- The SPEAKER pro tempore. Under a When I first came to this floor 4 weeks lars that we appropriate for the Forest previous order of the House, the gentle- ago, they dipped into the Social Secu- Service are spent fighting lawsuits and woman from Florida (Ms. ROS- rity trust fund to a raid of $208 billion, appeals that are brought on by groups LEHTINEN) is recognized for 5 minutes. and in just 4 weeks, that has gone up who are trying to prevent the Forest (Ms. ROS-LEHTINEN addressed the an additional $27 billion. Service from doing what they know House. Her remarks will appear here- The Republicans in this institution, they need to do and what the public after in the Extensions of Remarks.) at least their leadership, are in avoid- knows needs to be done to keep our for- ance, hoping to dodge this issue in the f ests healthy. fall’s election. They will not even allow I urge my colleagues to work with The SPEAKER pro tempore. Under a a debate on Social Security reform be- those of us that live in areas that are previous order of the House, the gen- cause they know that their risky idea at risk of catastrophic fire to make tleman from New Jersey (Mr. PALLONE) of privatization to try to cover up what change in our policies that will protect is recognized for 5 minutes. is really going on with the accumu- the lives and the property of people of (Mr. PALLONE addressed the House. lated trust funds will be exposed for my State and others like it. His remarks will appear hereafter in what it is, and that is, a gamble, not a The Blacks Hills National Forest is the Extensions of Remarks.) guarantee. South Dakota’s treasure, but it is also f Just look at what has been hap- America’s treasure, and we need to The SPEAKER pro tempore. Under a pening in the stock market, if my col- treat it that way. Our State is experi- previous order of the House, the gentle- leagues want to know something about encing historic droughts; that is a dis- woman from the District of Columbia gambles. The American people deserve aster. With that comes the risk of fire, (Ms. NORTON) is recognized for 5 min- better. Our working families deserve fires that we know are going to be fre- utes. better and our seniors deserve better.

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.095 pfrm12 PsN: H09PT1 H4400 CONGRESSIONAL RECORD — HOUSE July 9, 2002 Working families have earned the and the bureaucrats who work for the We have just had some 500 square right, not the privilege, the right to a government. The big giants in every in- miles of forests burning in several secure retirement, and Republican dustry have come to the government States out West. Two years ago, the leaders must put Social Security first, and have gotten the government con- previous administration followed poli- not dip further and further into the tracts, the favorable regulatory rul- cies that caused 7 million acres to burn trust fund, violating the very lock box ings, the tax break, the insider sweet- and over $10 million in damage. promise they made seven times not to heart deals in trade deals and so forth. The head of the Forest Service told dip into Social Security reserves in So the big keep getting bigger and the Washington Times that ‘‘there order to pay for other things. small businesses and small farms go might have been 40 to 50 Ponderosa The urgency is real and especially under or struggle to survive, and now pine trees per acre at one time. Now pronounced in the wake of the Enron even medium-sized businesses even you’ve got several hundred per acre.’’ collapse, WorldCom and other cor- barely hang on. Yet environmental extremists oppose porate scandals. Thousands have al- Despite the most economic leverage even any thinning of the trees, no cut- ready lost their retirement checks in of any Nation in the world and the fact ting at all, and even oppose removal of the private sector across this country, that every nation drools to get into our dead and dying trees. The Washington and many have been forced to return to markets, we have not used this eco- Post said the combination of drought work or to extend their career. nomic leverage to help American and refusal to thin the forests has been In his own case, President Bush yes- small- and medium-sized businesses deadly and has caused all these fires terday in a White House press con- and workers, and instead have helped because there is such a tremendous ference commented about confusing ac- only big multinational companies. build-up of fuel on the floors of the for- counting procedures that were used to Liberals always claim they are for est. mask nearly three-quarters of a mil- the little guy. Yet their policies have The opposition to cutting the trees lion dollars that he yielded from the hurt the little man in almost every has driven many small logging compa- early sale of stock in a firm on which way. For example, big government has nies out of business and once again has he had sat, actually an oil company on driven medical costs almost out of destroyed jobs and caused another in- which he had sat on the board. When sight. dustry to be limited primarily to big the national press asked him how it Another example, liberals expanded grants. was possible that he had sold this stock the FDA and made it so big and bu- When big government liberals make early and yielded those dollars, he said reaucratic that it now takes an aver- it impossible for small drug companies he still had not figured it out com- age of over 10 years and over $850 mil- and small businesses in every industry pletely. That was reported in three dif- lion to get a drug to market. This is to survive, it decreases competition ferent newspapers today. why prescription drugs cost so much. and drives up prices. This hurts lower- Let us reflect on that statement for a People wonder why and do not realize income people the most. moment. President Bush, a former cor- it is their own government that has When big government liberals and porate director and member of the au- done it to them. wealthy environmental extremists diting committee of that corporation, Big government liberals and their al- force mom-and-pop mining or logging when pressed about possible corporate lies in the environmental movement companies or small farms out of busi- bookkeeping practices, replies, I still protest every time anyone wants to cut ness, it destroys jobs and opportunities have not figured it out completely. any trees, dig for any coal, drill for any not only for loggers and miners and Should the American people expect oil, or produce any natural gas. This farmers but also their lawyers, ac- that? We should expect more. We de- has caused many small companies to countants, secretaries and salespeople. serve more. America needs tough ac- go out of business and forced them to This is a big part of the reason why so counting standards for private sector merge and has driven up prices and de- many college graduates cannot find plans, and it needs tough accounting stroyed jobs. This has hurt the poor good jobs and have to go to graduate standards for Social Security because and lower-income and working people schools and work as waiters and wait- these dollars have to be replaced some- most of all. resses. how. I am sick and tired of seeing so many When I was growing up, a poor man So the time has come for financial American jobs go to other countries. could start a gas station. Now, because and political accountability. Repub- However, when big government taxes of all the environmental rules and reg- lican leaders should be held responsible and regulates small businesses or small ulations and red tape, it takes a multi- and they will be in this coming Novem- farms out of business, it simply means millionaire or a giant corporation to ber’s election. that the big keep getting bigger. Then start one. f the big giants have to go where labor Mr. Speaker, to sum up, big govern- and regulatory costs are the lowest, ment liberalism is killing the little WE NEED SMALLER GOVERNMENT and they are much more likely to move guy. Liberals and environmental ex- The SPEAKER pro tempore (Mr. out of the country, and then our people tremists are the best friends extremely SHUSTER). Under a previous order of wonder why we keep losing so many big business has ever had, and it is no the House, the gentleman from Ten- good jobs. Well, it is primarily because wonder we are seeing the major cor- nessee (Mr. DUNCAN) is recognized for 5 of a Federal Government that has porate scandals we are reading and minutes. grown so big and so bureaucratic that hearing about today. Unless and until Mr. DUNCAN. Mr. Speaker, because it is simply out of control. we downsize our Federal Government, of the corporate scandals at WorldCom, In the Subcommittee on Water Re- we will continue to see even more. Enron and Global Crossing, C–SPAN a sources and Environment, we recently f few days ago asked people call in on learned that some 400 pages of proposed the question of whether they had lost EPA regulations would run 40,000 small OMNIBUS RESTORATION AND their faith in American corporations. farmers out of business. We had farm- REFORM ACT The problem is that bigger and bigger ers in our hearing crying because their The SPEAKER pro tempore. Under a government has led to and resulted in own government was about to do them previous order of the House, the gentle- bigger and bigger businesses control- in. woman from Texas (Ms. JACKSON-LEE) ling or dominating almost every indus- I am told that in 1978 we had 157 is recognized for 5 minutes. try or business sector. Almost every small coal companies in east Ten- Ms. JACKSON-LEE of Texas. Mr. major problem we have today has been nessee. Now there are none. All the Speaker, we find ourselves in a di- made worse because liberals over the small- and medium-sized ones were reg- lemma, and I would hope that the di- last many years have made our govern- ulated out of existence by Federal min- lemma would cause us to recognize ment at the Federal and now even at ing regulators under intense pressure that all of us who are responsible for the State levels far too big. from environmental special interest governance and are responsible for the Big government, in the end, really groups which get their contributions leadership that is important in cor- helps only extremely big businesses mainly from extremely big business. porate responsibility cannot take on

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.102 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4401 any labels. I will say that the impor- of this body that we must have an in- mislead investors with impunity as tance of what we are doing should not vestor bill of rights, and I join them in long as President Bush was in office. have a label of Republicans or Demo- their announcement today and applaud Even after the Enron scandal was re- crats, but clearly, the label should be them for their leadership. vealed last year, the President pro- that Congress has not acted. I agree with the announcements posed a zero-growth budget for the We simply have not done the job. I being made in Wall Street today that SEC. He supported publicly and aggres- am not sure if this has anything to do we need a stronger SEC. sively weak pension and accounting re- with big government or little govern- form bills in the House, even though 1730 ment. I would say that it has a lot to b thousands of employees in this coun- do with congressional abdication of But after we do all of this, we must try, turning into tens of thousands, their responsibilities and agencies not have follow-through. The Investor Bill hundreds of thousands of employees, doing their jobs and regulations not of Rights must have the opportunity to are losing their retirements to fraud being strong enough, and that is, of pass, and the bill, or any bills that the and mismanagement by the President’s course, the problem of corporate non- President is talking of, must be able to friends at Enron and other corpora- responsibility. pass. tions. It is urgent that this Congress acts Mr. Speaker, let me simply say in He refused to support legislation that now. I happen to represent Enron Cor- closing that we need an omnibus cor- would close the loopholes that allow poration who is now at this point try- porate reform restoration act to re- American companies to go offshore to ing to rebuild itself and remake itself, store the faith of those who invest in avoid U.S. taxes. He has declined to and I have always said that I wish our capitalistic system, oversight of support reauthorization for the Super- them well, because I want a strong the board of directors, and to make fund tax, requiring corporate polluters business doing the business that it was criminal the actions of those CEOs who to pay for cleanup of the messes they designed to do and providing jobs for would do criminal acts at the head of make. Instead, he has chosen to have the 18th Congressional District. At the their companies. taxpayers pay to clean that up. To same time, we cannot ignore the fact I hope we will act soon. Congress make matters worse, the President’s that we have a circumstance where needs to act soon and the President advocated turning Medicare and Social there is a crumbling of investor integ- needs to sign a bill to strengthen our Security over to the private sector. rity and investor confidence in our sys- corporate structure. As evidence of this bias in his political contributions from the insurance tem. f Whether it is Enron that fired 4,000 industry, the President recently en- employees 24 hours after they filed for PRESIDENT’S PLAN ON CURBING dorsed a Medicare prescription drug bankruptcy, while 2 days before they CORPORATE GREED plan that would be administered by the gave $105 million in retention bonuses The SPEAKER pro tempore (Mr. health insurance industry. This plan to past leadership of that particular SHUSTER). Under a previous order of undercuts seniors’ purchasing power corporation, and I recognize that trials the House, the gentleman from Ohio and enables the drug industry to sus- and investigations are still going on (Mr. BROWN) is recognized for 5 min- tain its outrageous drug prices by per- and that is appropriate, but we do utes. mitting the continued abuse and ma- know the facts. That almost 5,000 em- Mr. BROWN of Ohio. Mr. Speaker, nipulation of drug patent laws. ployees were laid off with no savings, earlier today President Bush gave a Why? It just might have had some- minimal severance pay, left to their major speech on the administration’s thing to do with our committee 2 own devices and much of that was plan to curb executive greed and cor- weeks ago considering the prescription without any device. Pensioners losing porate misgovernance in our country. drug bill. The committee chair decided their life savings. A constituent of This plan could be a tough sell, consid- to quit at 5 p.m. so all the Republican mine, a small investor, a grandmother, ering the President’s own record as a members in the committee could troop said I lost $150,000, a lot of money for businessman and his record of regu- off to a fund-raiser, a Republican fund- someone who may be new to the mar- lating industry. raiser headlined by George Bush, where ketplace. Shortly after taking office, President the chairman of the fund-raiser was the WorldCom, and I hold up a certificate Bush made clear how he felt about any CEO of a prescription drug company in of stock ownership, maybe, Mr. Speak- kind of government regulation. His England. That chairman and that company contributed $250,000 to House and er, this is not exactly a certificate of first budget proposal contained the Senate Republicans and to President stock ownership, but it reflects that elimination of 57 staff positions at the Bush. Other prescription drug compa- WorldCom sold just a few weeks ago for Securities and Exchange Commission, nies contributed $50,000, $100,000, and $64 per share and just recently it sold the agency charged with reviewing his for 7 cents a share, and it was $250,000, while Congress was consid- corporate financial problems of the disenrolled or D-enrolled on the ering a prescription drug bill. 1980s and reviewing all corporate finan- NASDAQ stock exchange. No surprise that the next day, when It is time now, Mr. Speaker, for much cial reports today. His Treasury Sec- our friends returned to our hearing, action to occur, and this week I will be retary moved immediately to shut that on issue after issue after issue the looking forward to introducing the Om- down intergovernmental efforts under- Republicans voted down the line for nibus Restoration and Reform Act of taken by the previous administration drug company interests against sen- 2002, dealing with trying to get the to monitor offshore tax havens at the iors’ interests. focus of not only the Congress but of heart of the financial maneuvering The President and his administration the American people on one legislative that led to Enron’s collapse. have a long way to go to convince the initiative that includes any number of This President let chemical compa- American people they are serious about fixes. nies write legislation that dealt with cleaning up corporate abuses in large Mr. Speaker, I hope that we will pass arsenic in the drinking water, let in- American business or even enforcing 25 bills dealing with corporate reform. surance companies write legislation current law. I would hope that this omnibus bill will about the privatization of Medicare, let So as the country considers the just signal that the Congress needs to the drug companies write legislation President’s plan for reversing the cur- move. It needs to move because insider that had to do with prescription drug rent trend of corporate greed and mis- trading is still going on. coverage, let Wall Street write legisla- deeds, I hope my colleagues will under- Pharmaceuticals, oil companies, tion to privatize Social Security, and stand that I view his conversion from a communications companies, we al- let the banks write legislation relating proponent of laissez-faire economics in ready know that the communications to bankruptcy. This laissez-faire letting corporations run roughshod industry has lost more than 165,000 antigovernment attitude of the Bush over government regulations and jobs, second only, I understand, to the administration also created a permis- roughshod over the public, his conver- auto industry. sive environment clearly making com- sion from that to chief regulator and What has to be done? I agree with the panies like Enron, WorldCom, enforcer of these laws with a healthy leader of the other body and the leader Adelphia, and others believe they could degree of skepticism.

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.104 pfrm12 PsN: H09PT1 H4402 CONGRESSIONAL RECORD — HOUSE July 9, 2002 A famous civil rights leader years deliver the speech when it was just the tleman from California (Mr. SCHIFF) is ago said, ‘‘Don’t tell me what you be- workers at Enron or ImClone or recognized for 5 minutes. lieve. Tell me what you do, and I will Dynergy that were in trouble. When we Mr. SCHIFF. Mr. Speaker, today I tell you what you believe.’’ in California tried to tell him that they will be introducing the Military Tribu- f were manipulating the energy market, nals Act of 2002 to provide congres- that they were gouging our consumers, sional authorization for tribunals to CRISIS ON WALL STREET that they were gouging the State, that try unlawful combatants against the The SPEAKER pro tempore. Under a it was all manipulation, they told us United States in the war on terrorism. previous order of the House, the gen- there was nothing to talk about, that Article I, section 8 of the Constitu- tleman from California (Mr. GEORGE they were comfortable that the market tion provides that it is the Congress MILLER) is recognized for 5 minutes. would work it all out. There was no that has the power to constitute tribu- Mr. GEORGE MILLER of California. market. It was manipulation. It was nals inferior to the Supreme Court to Mr. Speaker, today President Bush greed. It was dishonesty. It was fraud. define and punish offenses against the went to Wall Street, and he went to The same was true when he ap- law of nations. Wall Street because he believes that pointed Harvey Pitt as the chairman of Up until now, there has been no con- Wall Street is now in trouble. It is in the Securities and Exchange Commis- gressional authorization for military trouble with investors, it is in trouble sion, who said that the previous chair- tribunals. The formation of these tri- with the American people, it is in trou- man of the Securities and Exchange bunals, thus far, has been performed ble with the international capital com- Commission, Mr. Levitt, had been too solely by executive order of the Presi- munities; and therefore, the President hard on American corporations; when dent with clarifying regulations pro- went to Wall Street. he tried to get honesty and trans- mulgated by the Secretary of Defense. The President today recognized that parency in their accounting processes, Some would argue, not implausibly, we have a crisis and a scandal in the fi- the industry came to Congress and got nancial markets in the United States; that despite the clear language of arti- them to stall out. So Mr. Pitt said he cle I, section 8, congressional author- that, rightfully, professional investors, is coming to be kinder and gentler to amateur investors, and people who ization is not necessary; that as Presi- these corporations. dent and commander in chief, he has really do not even know how to invest That is not what we need. We need a but have a stake in Wall Street the authority, all the authority he watchdog. We do not need a lapdog. needs, to regulate the affairs of the through their pension plans have lost But Mr. Pitt was appointed to be a their confidence and are starting to military, and this power extends to the lapdog. I do not think Mr. Bush can re- adjudication of unlawful combatants. think that somebody ought to go to train him fast enough to take care of jail. Ultimately, if the Congress fails to act, the American investor, the American any adjudications of the military tri- This did not happen today, it did not worker, and the American shareholder. happen yesterday, it did not happen bunals will be challenged in court on Every week now we get a new revela- the basis that the tribunals, having last week when the President made up tion. And the interesting thing is that his mind he was going to Wall Street. been improperly constituted, the sen- many of the things these corporations tences cannot stand. This has been a crisis for the average were doing may not be against the law. Through this bill, we can remove any American for more than a year. This Merck was taking money that went legal cloud that would overhang these has been a crisis since Enron and Tyco to the pharmacists and saying it was prosecutions. For one thing the Su- and many other companies started to their revenue. They never saw the preme Court has made abundantly falter as their fraudulent bookkeeping money; it never came to them. And clear is that the power of the executive schemes started to come to light. they are saying this is generally ac- when it acts in concert with the Con- Hundreds of thousands of Americans cepted within accounting principles. gress is at its greatest ebb. But there is have had their pensions evaporate as Generally accepted to what? To mis- another reason, an even more compel- companies disguised their financial state revenues, to misstate earnings? I ling reason, for Congress to act, and health and then immediately declared do not think so. But apparently it is. that is the separation of powers. bankruptcy. Hundreds of thousands of That is why we need what Senator No single branch should have the au- Americans who thought they might be SARBANES is presenting to the Senate able to retire in the next couple of right now, a strong, independent re- thority on its own to establish jurisdic- years now recognize that they are view board, and not some industry con- tion for a tribunal, to determine the going to have to work the rest of their trol board that the President has been charges, to determine indeed what de- lives if they are going to get by. This for, or that Mr. Pitt has been for, con- fendants should be brought before that was a crisis for tens of thousands of trolled by industry, making up the tribunal, to determine process, and to employees whose jobs evaporated over- rules for industry for the good of the serve as judge, jury and potential exe- night because of the greed of the cor- industry and not for the American peo- cutioner. As a former prosecutor, I porate executives who, while they told ple. would not have wanted such unbridled employees they could not provide addi- An investor today in the American authority, nor do I believe it is appro- tional health care dollars, they could stock market, whom are they to be- priate here. not provide extra compensation, they lieve? Are they to read the 10K state- The Military Tribunals Act of 2002 es- could not give to their pensions, were ments? They apparently have been mis- tablishes the jurisdiction of these new taking hundreds of millions of dollars leading. Are they to read the page that courts over noncitizens, non-U.S. resi- off the top of the corporation. is signed off by the accountant? They dents, unlawful combatants, al-Qaeda This has been a disaster for millions have been lying to the public. Are they members, and those working in concert of shareholders across this country and going to go talk to the attorneys? They with them to attack the United States. in the rest of the world as they lost have been misleading the public and It preserves the right of habeus corpus, value in their portfolios, some of it for the boards of directors and others. and appeal, and the basic rights of due their retirement, some of it for their Mr. President, we are glad that you process. It also protects the confiden- children, some of it for their families, finally recognized this is a crisis, but tiality of sources of information and because of the deception, the greed, the for millions of Americans who have classified information. And it also pro- dishonesty that was rampant on Wall lost their pensions, lost their jobs, and tects ordinary citizens from being ex- Street these last couple of years. Yet it lost their savings, this was a crisis a posed to the dangers of trying these took almost 18 months for George Bush long time ago. suspects. to ask what was going on. It took al- f Perhaps most important, in the con- most 18 months for George Bush to de- text of a war without clear end, against liver a major speech on this crisis. INTRODUCTION OF MILITARY an enemy without uniform or nation, The President did not deliver the TRIBUNALS ACT OF 2002 the bill requires the President to re- speech when it was just the American The SPEAKER pro tempore. Under a port to Congress on who is detained for family that was in trouble. He did not previous order of the House, the gen- how long and on what basis.

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.105 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4403 b 1745 Believing that Congress should play a crit- tenet of our justice system. Every person Mr. Speaker, in sum, the Military ical role in authorizing military tribunals, I should be entitled to a court determination of Tribunal Act of 2002 gives the Com- began discussing this issue with legal organi- whether he is imprisoned lawfully and whether mander in Chief the power to try un- zations, military law experts, and legal schol- or not he should be released from custody. lawful combatants, provides the con- ars. The result of these discussions is the Mili- This basic tenet dates back to 1215 when it fidence these judgments will be upheld, tary Tribunals Act of 2002, which I am intro- stood in the Magna Carta as a critical indi- establishes clear rules of due process, ducing today. vidual right against arbitrary arrest and impris- maintains our check and balances, and Who is covered: My bill will give the Presi- onment. dent the authority to carry out military tribunals permits Congress to effectively oversee Courts have referred to habeas corpus as to try individuals who are members of al the war powers as the Constitution and ‘‘the fundamental instrument for safeguarding Qaeda or members of other terrorist organiza- the preservation of liberty requires. individual freedom against arbitrary and law- tions knowingly cooperating with or aiding or Separation of powers: Our great nation was less state action.’’ Without judicial review, the abetting persons who attack the United States. founded on the basic principles of liberty and police can arrest people without warrants and Unlawful combatants: The Geneva Conven- jail people without trials. U.S. Senator Arlen justice for all. And one of the founding prin- tions limit the ways regular soldiers who sur- ciples of our government is a separation of Specter has noted, ‘‘Simply declaring that ap- render or are captured may be treated, but plying traditional principles of law or rules of powers, and a system of checks and bal- there is a very clear distinction made between ances. evidence is not practical is hardly sufficient. lawful enemy combatants (a member of a The usual test is whether our national security We set up our government this way for a standing/recognized army), who would not be interests outweigh our due process rights, and reason. The delegates to the Constitutional subject to a tribunal, and unlawful enemy com- Convention faced a difficult challenge—to cre- the administration has not made the case.’’ batants (civilians who take up arms) who A careful reading of the President’s military ate a strong, cohesive central government, would. order reveals that ‘‘military tribunals shall have while also ensuring that no individual or small Currently, there are more than 500 persons group in the government would become too who are being detained at Guantanamo Bay. exclusive jurisdiction, and the individual shall powerful. They formed a government with They have been classified by the Department not be privileged to seek any remedy or main- three separate branches, each with its own of Defense as unlawful enemy combatants, tain any proceeding, directly or indirectly . . . distinct powers. and each one could potentially be subject to a in any court of the United States, or any state Without this separation of powers, any one military tribunal. But without legislative back- thereof, any court of any foreign nation, or any branch of government could have the power to ing, any military tribunal adjudication of guilt international tribunal.’’ establish a tribunal, decide what charges may later be challenged on the basis that the Appeals process: Another critical protection would be covered and what due process tribunals were not authorized by Congress. we must retain in these trials is that of an ap- would be afforded, and also serve as judge Congressional action would make it abun- peals process. My bill calls for the Secretary and jury. The intent of the framers was to dantly clear that military tribunals are an ap- of Defense to promptly review convictions by avoid these kinds of imbalances of power—to propriate venue for trying unlawful enemy such tribunals to ensure that the procedural provide checks and balances. combatants. Spelling out the requirements for requirements of a full and fair hearing have That is why Congress must have a role in a military tribunal would ensure that sen- been met. It also calls for the United States setting up military tribunals. tences, when they are handed down, could be Court of Appeals for the Armed Forces estab- The role of military tribunals: As the United defended from judicial invalidation. lished under the Uniform Code of Military Jus- States and its allies continue to engage in Due process: My bill would ensure that the tice to review the proceedings, convictions, armed conflict with al Qaeda and the Taliban, basic tenets of due process are adhered to by and sentences of such tribunals. Finally, the military tribunals provide an appropriate forum a military tribunal. The tribunal would be inde- Supreme Court would review the decisions of to adjudicate the international law of armed pendent and impartial. The accused would be the United States Court of Appeals for the conflict. While it may sound incongruous to presumed innocent until proven guilty, and Armed Forces. This is the most appropriate have a justice system to deal with crimes of would only be found guilty if there was proof system of judicial review, especially since the war, this process ensures adherence to cer- beyond a reasonable doubt. The accused U.S. Court of Appeals for the Armed Forces tain international standards of wartime con- would be promptly notified of alleged offenses. would not have to appoint special masters or duct. In order to garner the support of the The proceedings would be made available to magistrates to do the necessary fact finding. community of nations, military trials must pro- relevant parties in other languages as nec- Public proceedings: We gain the confidence vide basic procedural guarantees of fairness, essary. The accused would have the oppor- of our citizenry by ensuring that trial pro- consistent with the international law of armed tunity to be present at trial. The accused have ceedings are open to the public. My bill would conflict and the International Covenant on Civil the opportunity to confront, cross-examine, require trial and appeal proceedings to be ac- and Political Rights. and offer witnesses. The proceedings would cessible to the public, while securing the safe- Constitutional justification: Congressional be expeditious. The accused would be af- ty of observers, witnesses, tribunal judges, authorization is necessary for the establish- forded all necessary means of defense. A con- counsel, and others. Evidence available from ment of extraordinary tribunals to adjudicate viction would be based on proof that the indian agency of the Federal Government, how- and punish offenses arising from the Sep- vidual was responsible for the offense. A con- ever, may be kept secret from the public if tember 11, 2001 attacks, or future al Qaeda viction could not be upheld on an act that was such evidence would harm the prosecution of terrorist attacks against the United States, and not an unlawful offense when it was com- military objectives or intelligence sources or to provide a clear and unambiguous legal mitted. The penalty for an offense would not methods. foundation for such trials. be greater than it was when the offense was Detention: The bill allows for the Secretary This power is granted by the U.S. Constitu- committed. The accused would not be com- of Defense to detain a person who is subject tion, which gives congress the authority to pelled to confess guilt or testify against him- to a tribunal consistent with the international constitute tribunals, define and punish of- self. A convicted person would be informed of law of armed conflict. However these deten- fenses against the Law of Nations, and make remedies and appeals processes. A prelimi- tions would only be authorized while a state of rules concerning captures. nary proceeding would be held within 30 days armed conflict continues, or which a prosecu- While Congress has authorized the Presi- of detention to determine whether a trial may tion or a post-trial proceeding is ongoing. dent to use all necessary and appropriate be appropriate. The tribunal would be com- Under the Military Tribunals Act of 2002, the force against those nations, organizations, or prised of a military judge and not less than United States District Court for the District of persons that he determines to have planned, five members. The death penalty would be ap- Columbia would have exclusive jurisdiction to authorized, committed, or aided the terrorist plied only by unanimous decision. The ac- ensure that the requirements for detaining an attacks or harbored such organizations or per- cused would have access to evidence sup- accused are satisfied. sons, Congress has yet to expressly authorize porting each alleged offense, except where And while an accused is held, the detainee the use of military tribunals. disclosure of the evidence would cause identi- shall be treated humanely, without any ad- Crafting the bill: In November, 2001, the fiable harm to the prosecution of military ob- verse distinction based on race, color, religion, President issued a military order which said jectives, and would have the opportunity to gender, birth, wealth, or any similar criteria. non-U.S. citizens arrested at home or abroad both obtain and present exculpatory evidence, Adequate food, drinking water, shelter, cloth- could be tried by military tribunals. In March, and to respond to such evidence. ing, and medical treatment shall be provided. 2002, the Department of Defense announced Habeas corpus: Finally, the writ of habeas Finally, a detainee’s right to the free exercise rules for military trials for accused terrorists. corpus would not be infringed, as it is a critical of religion would not be infringed.

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 9920 E:\CR\FM\K09JY7.108 pfrm12 PsN: H09PT1 H4404 CONGRESSIONAL RECORD — HOUSE July 9, 2002 Reports to congress: Without protection and wealth. As Joshua Green says in The sured reporters that he and Mr. Bush reporting requirements in place, persons de- Washington Monthly, in a must-read were constantly made aware of the tained for an indefinite amount of time would article written just before the adminis- company’s finances. If Mr. Bush did not have no recourse. Currently in America, the tration suddenly became such an expo- know about the Aloha maneuver, he total number of persons detained by both the nent of corporate ethics: ‘The new tone was a very negligent director. In any Department of Justice and the Department of that George W. Bush brought to Wash- case, Mr. Bush certainly found out Defense is unknown. In many cases, there is ington isn’t one of integrity, but of what his company had been up to when little information, if any, available about who permissiveness. In this administration, the Securities and Exchange Commis- has been detained and why. My bill requires enriching oneself while one’s business sion ordered it to restate its earnings, the President to report annually to Congress goes bust is not necessarily frowned so he cannot really be shocked over re- on the use of the military tribunal authority. upon.’ cent corporate scams. His own com- Each such report would include information re- ‘‘Unfortunately, the administration pany pulled exactly the same tricks, to garding each person subject to, or detained has so far gotten the press to focus on his considerable benefit. Of course pursuant to, a military tribunal, and each per- the least important question about Mr. what really made Mr. Bush a rich man son detained pursuant to any actual or Bush’s business dealings: His failure to was the investment of those proceeds planned act of terrorism, who has not been re- obey the law by promptly reporting his from Harken in the Texas Rangers, a ferred for trail in connection with that act of insider trading. It is true that Mr. step that is another equally strange terrorism to a criminal court or to a military tri- Bush’s story about that failure has sud- story. bunal. With this provision, we can significantly denly changed four times, but the ad- The point is the contrast between ministration hopes that a narrow focus reduce the danger that due process might be image and reality. Mr. Bush portrays on the reporting lapses will divert at- evaded by simply failing to bring detainees be- himself as a regular guy, someone ordi- tention from the larger point: Mr. Bush fore a tribunal for trial. nary Americans can identify with, but Conclusion: There is some debate about the profited personally from aggressive ac- his personal fortune was built on privi- counting identical to the recent scams necessity of Congressional input in the estab- lege and insider dealings, and after his that have shocked the Nation. lishment of military tribunals. But there is no Harken sale, on large-scale corporate ‘‘In 1986, one would have had to con- doubt that legislative branch input can provide sider Mr. Bush a failed businessman. welfare. Some people have it easy. indispensable safeguards, such as an appeal He had run through millions of dollars Mr. Speaker, this is the man who to an independent entity, that the executive of other people’s money, with nothing went down there and said we are going branch simply cannot provide on its own. By to show for it but a company losing to clean this thing up. We are going to exercising Congress’ role in the process, we money and heavily burdened with debt. have a task force on corporate fraud. will ensure that our justice system remains a But he was rescued from his failure The fox went down to the chicken beacon for the rest of the world, where due when Harken Energy bought his com- house and said to the other foxes, hey, process is protected, and the accused are af- pany at an astonishingly high price. I know how to run this hen house, and forded basic protections. There is no question that Harken was I am going to show you. We are living in an extraordinary time, a dif- basically paying for Mr. Bush’s connec- This guy, can we expect him really, ficult time. But we are defined as a nation by tions. really, after that story, and this is not how we handle these difficult times. Our gov- ‘‘Despite these connections, Harken me talking, this is a columnist for the ernment’s words and deeds are important, not did badly. But for a time it concealed New York Times. only for the legal precedents we set, but also its failure, sustaining its stock price, Mr. Speaker, most people who watch for the message we send to our global neigh- as it turned out, just long enough for television tonight will see about 19 sec- bors. During this, the most significant inter- Mr. Bush to sell most of his stake at a onds of the President saying, I am national crisis of our day, we have an oppor- large profit, with an accounting trick going to be tough on corporate fraud. tunity to show the world the true meaning of identical to one of the main ploys used They will think it is for real because justice, liberty, and the freedoms upon which by Enron a decade later.’’ they will not know the story behind America was founded. Mr. Speaker, surprisingly, Arthur the man, what he really did. That is f Andersen was the accountant. The ploy why I took the time to come down and PRESIDENT’S FORTUNE BUILT ON works this way. Corporate insiders cre- read this. I feel like an old-fashioned INSIDER TRADING ate front corporations that seem inde- news reader on television. Now every- pendent but are really under their con- thing has to be snap, snap and Ameri- The SPEAKER pro tempore (Mr. trol. This front buys some of the firm’s cans never learn what is really going SHUSTER). Under a previous order of assets at unrealistically high prices, on. the House, the gentleman from Wash- creating a phantom profit that inflates This President is running a game on ington (Mr. MCDERMOTT) is recognized the stock price, allowing the execu- us, and the pensions and investments for 5 minutes. tives to cash in their stock. of people are at risk as long as he re- Mr. MCDERMOTT. Mr. Speaker, I in- That is exactly what happened at fuses to put people on the SEC to stop clude for the RECORD an article from Harken. A group of insiders, using it. yesterday’s New York Times by Paul money borrowed from Harken itself, The article previously referred to is Krugman called ‘‘Succeeding in Busi- paid an exorbitant price for a Harken as follows: ness.’’ subsidiary, Aloha Petroleum. That cre- [From the New York Times, July 7, 2002] The reason I do this, we have a lot of ated a $10 million phantom profit SUCCEEDING IN BUSINESS Members coming here and talking which hid three-quarters of the com- about what is happening with business pany’s losses in 1989. White House aides (By Paul Krugman) and the President, and this article told have played down the significance of George W. Bush is scheduled to give a us what was going to happen today. As this move saying $10 million is not speech intended to put him in front of the we watch the news about what Presi- growing national outrage over corporate very much compared with recent scan- malfeasance. He will sternly lecture Wall dent Bush said, remember this: dals. Indeed, it is a small fraction of Street executives about ethics and will ‘‘George Bush is scheduled to give a the apparent profits Halliburton cre- doubtless portray himself as a believer in speech intended to put him in front of ated through a sudden change in ac- old-fashioned business probity. the growing national outrage over cor- counting procedures during Dick Che- Yet this pose is surreal, given the way top porate malfeasance. He will sternly ney’s tenure as chief executive. But for officials like Secretary of the Army Thomas lecture Wall Street executives about Harken’s stock price and hence Mr. White, Dick Cheney and Mr. Bush himself ac- ethics and will doubtless portray him- Bush’s personal wealth, this account- quired their wealth. As Joshua Green says in self as a believer in old-fashioned busi- ing trickery made all the difference. The Washington Monthly, in a must-read article written just before the administration ness probity. Mr. Bush was on the company’s audit suddenly became such an exponent of cor- ‘‘Yet this pose is surreal, given the committee, as well as on the special re- porate ethics: ‘‘The ‘new tone’ that George way top officials like Secretary of the structuring committee. W. Bush brought to Washington isn’t one of Army Thomas White, Dick Cheney and And back in 1994, another member of integrity, but of permissiveness. . . . In this Mr. Bush himself acquired their both committees, E. Stuart Watson, as- administration, enriching oneself while one’s

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.039 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4405 business goes bust isn’t necessarily frowned ANNOUNCEMENT BY THE SPEAKER Time and time again, Republicans upon.’’ PRO TEMPORE have declared that the only regulation Unfortunately, the administration has so is self-regulation or no regulation. far gotten the press to focus on the least im- The SPEAKER pro tempore. After portant question about Mr. Bush’s business listening to several 5-minute special Even today, President Bush declared dealings: his failure to obey the law by order speeches, the Chair would remind that we must ‘‘depend on the con- promptly reporting his insider stock sales. all Members that, although remarks in science of American business leaders.’’ It’s true that Mr. Bush’s story about that debate may include criticism of the Republicans have left the fox in failure has suddenly changed, from ‘‘the dog President on matters of policy or poli- charge of the chicken coop; and now ate my homework’’ to ‘‘my lawyer ate my they are shocked, they are absolutely homework—four times.’’ But the administra- tics, remarks in debate may not de- tion hopes that a narrow focus on the report- scend to personalities by alluding to shocked to find a fat fox and an empty ing lapses will divert attention from the unethical behavior on the part of the chicken coop. larger point: Mr. Bush profited personally President. Mr. President, actions speak louder from aggressive accounting identical to the than words. Today’s moral indignation recent scams that have shocked the nation. f rings as falsely as an Enron accounting In 1986, one would have had to consider Mr. FOX GUARDING THE CHICKEN report. Bush a failed businessman. He had run Today, President Bush told the through millions of dollars of other people’s COOP money, with nothing to show for it but a American people that he wanted to The SPEAKER pro tempore. Under a hire 100 new staffers at the SEC to company losing money and heavily burdened previous order of the House, the gen- with debt. But he was rescued from failure make corporations obey the law. Presi- tleman from Georgia (Mr. LEWIS) is when Harken Energy bought his company at dent Bush did not tell the American an astonishingly high price. There is no recognized for 5 minutes. people that just last year he proposed question that Harken was basically paying Mr. LEWIS of Georgia. Mr. Speaker, getting rid of 57 SEC workers. This is for Mr. Bush’s connections. I come to the floor tonight dismayed, what the Republicans were doing be- Despite these connections, Harken did disillusioned and disappointed. What is badly. But for a time it concealed its fail- fore the American people started pay- happening in corporate America? What ing attention. This is what the Repub- ure—sustaining its stock price, as it turned has become of our corporate leaders? out, just long enough for Mr. Bush to sell licans were doing when no one was most of his stake at a large profit—with an This is a simple issue of right and watching. accounting trick identical to one of the main wrong, good and evil, how fraud, lying We do not need strong words and ploys used by Enron a decade later. (Yes, Ar- and cheating have become part of our empty promises. We need strong regu- thur Andersen was the accountant.) As I ex- corporate culture. We must ask our- lation and strict enforcement. It is plained in my previous column, the ploy selves, How did this happen? What gave works as follows: corporate insiders create a time to get tough on crime, all crime, birth to this period of corporate greed and not just the folks who cannot af- front organization that seems independent and scandal? but is really under their control. This front ford to make a campaign contribution. It all started with the corporate cru- buys some of the firm’s assets at unrealisti- When someone gets caught dealing a cally high prices, creating a phantom profit sade against big government. Big gov- thousand dollars’ worth of drugs, they that inflates the stock price, allowing the ernment was making big business file lock you up, lock you away, and take executives to cash in their stock. too many reports. Big government was almost everything you own. We need That’s exactly what happened at Harken. spending too much time making sure A group of insiders, using money borrowed the same standards for CEOs who steal that big business was following the millions of dollars from their compa- from Harken itself, paid an exorbitant price law, so big business asked their friends for a Harken subsidiary, Aloha Petroleum. nies. We need the same standards for That created a $10 million phantom profit, in Congress to do something about it. corporate leaders who lie, cheat and which hid three-quarters of the company’s Thanks to Republican attacks steal from their employees and their losses in 1989. White House aides have played against big government, these CEOs shareholders. down the significance of this maneuver, say- and board of directors are acting with Mr. Speaker, it is time to get serious ing $10 million isn’t much, compared with re- little, if any, government regulation. about corporate crime. It is time to put cent scandals. Indeed, it’s a small fraction of They have been lying to investors, the apparent profits Halliburton created some teeth back into securities laws lying to workers, and lying to the Fed- and some power back into the SEC. Do through a sudden change in accounting pro- eral Government. And they have been cedures during Dick Cheney’s tenure as chief not just talk the talk; walk the walk. executive. But for Harken’s stock price—and getting away with it. Pass the laws. Protect the folks who hence for Mr. Bush’s personal wealth—this While corporate America has been are being dumped on and ripped off. We accounting trickery made all the difference. making out like bandits, hard-working owe our people no less. It is our mis- Oh, the Harken’s fake profits were several men and women are losing their jobs, dozen times as large as the Whitewater land sion, our mandate, and our moral obli- their retirement, and losing their chil- gation, our moral responsibility. deal—though only about one-seventh the dren’s college funds. The majority cost of the Whitewater investigation. Mr. Bush was on the company’s audit com- party in the White House has created a f climate in which Enron, WorldCom, mittee, as well as on a special restructuring HAS CAPITALISM FAILED AGAIN? committee; back in 1994, another member of and Tyco could happen. Instead of hav- both committees, E. Stuart Watson, assured ing the SEC look over corporate books, The SPEAKER pro tempore. Under reporters that he and Mr. Bush were con- Republicans have had the SEC look the the Speaker’s announced policy of Jan- stantly made aware of the company’s fi- other way. uary 3, 2001, the gentleman from Texas nances. If Mr. Bush didn’t know about the My colleagues, so shall thee sow, so (Mr. PAUL) is recognized for 60 minutes Aloha maneuver, he was a very negligent director. shall thee reap. as the designee of the majority leader. In any case, Mr. Bush certainly found out But this travesty is not just about Mr. PAUL. Mr. Speaker, the question what his company had been up to when the Global Crossing, WorldCom, Enron, I want to address today is: Has cap- Securities and Exchange Commission or- Martha Stewart, Tyco, and Merck. In italism failed again? dered it to restate its earnings. So he can’t fact, it is not just about the world of It is now commonplace and politi- really be shocked over recent corporate business. It is bigger than that. cally correct to blame what is referred scams. His own company pulled exactly the Look at the Republican environ- to as the excesses of capitalism for the same tricks, to the considerable benefit. Of course, what really made Mr. Bush a rich mental record. Look at their record on economic problems that we face, and man was the investment of his proceeds from worker safety. Our Interior Depart- especially for the Wall Street fraud Harken in the Texas Rangers—a step that is ment is fighting tooth and nail to drill that dominates the business news. another, equally strange story. for oil and dig for coal on our pristine Politicians are having a field day The point is the contrast between image public lands. The EPA is leading the demagoguing the issue while, of course, and reality. Mr. Bush portrays himself as a fight for more air pollution. OSHA is failing to address the fraud and deceit regular guy, someone ordinary Americans can identify with. But his personal fortune making fewer and fewer trips to the found in the budgetary shenanigans of was built on privilege and insider dealings— workplace. And the SEC has been lead- the Federal Government for which they and after his Harken sale, on large-scale cor- ing the fight to let business just go are directly responsible. Instead, it porate welfare. Some people have it easy. about its business. gives the Keynesian crowd that runs

VerDate May 23 2002 03:11 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.040 pfrm12 PsN: H09PT1 H4406 CONGRESSIONAL RECORD — HOUSE July 9, 2002 the show a chance to attack free mar- gold standard, lack of regulation, and no evidence that capitalism exists kets and ignore the issue of sound no government insurance on bank de- today. We are deeply involved in an money. posits for the disaster. Businessmen be- interventionist, planned economy that So once again we hear the chant: came the scapegoat. Changes were allows major benefits to accrue to the Capitalism has failed; we need more made as a result and the welfare war- politically connected of both political government controls over the entire fi- fare state was institutionalized. Easy spectrums. One may condemn the fraud nancial markets. No one asked why the credit became the holy grail of mone- in the current system, but it must be billions that have been spent and thou- tary policy, especially under Alan called its proper name, Keynesian, in- sand of pages of regulations that have Greenspan, the ultimate maestro. flationism, interventionism, and been written since the last attack on Today, despite the presumed protec- corporatism. capitalism in the 1930s did not prevent tion from these Government programs What is not discussed is that the cur- the fraud and deception of the Enrons, built into the system, we find ourselves rent crop of bankruptcies reveals that the WorldComs, and the Global Cross- in a bigger mess than ever before. The the blatant distortions and lies ema- ings. That failure surely could not have bubble is bigger, the boom lasted nating from years of speculative orgy come from a dearth of regulations. longer, and the gold price has been de- were predictable. What is distinctly absent is any men- liberately undermined as an economic First, Congress should be inves- tion that all financial bubbles are satu- signal. Monetary inflation continues at tigating the Federal Government’s rated with excesses in hype, specula- a rate never seen before in a frantic ef- fraud and deception in accounting, re- tion, depth, greed, fraud, gross errors fort to prop up stock prices and con- porting future obligations such as So- in investment judgment, carelessness tinue the housing bubble, while avoid- cial Security and how the monetary on the part of the analysts and inves- ing the consequences that inevitably system destroys wealth. Those prob- tors, huge paper profits, conviction come from easy credit. lems are bigger than anything in the that a new-era economy has arrived, This is all done because we are un- corporate world and are the responsi- and above all else, pie-in-the-sky ex- willing to acknowledge that current bility of the Congress. Besides, it is the pectations. policy is only setting the stage for a standard set by the Government and huge drop in the value of the dollar. the monetary system it operates that b 1800 Everyone fears it, but no one wants to are the major contributing causes to When the bubble is inflating, there deal with it. Out of ignorance as well all that is wrong on Wall Street today. are no complaints. When it bursts, the as disapproval for the natural re- When fraud does exist, it is a State blame game begins. This is especially straints placed on market excesses matter, not a Federal one, and State true in the age of victimization and is that capitalism and sound markets im- authorities can enforce these laws done on a grand scale. It quickly be- pose, capitalism is not only rejected, it without any help from Congress. comes a philosophic, partisan, class, is blamed for all problems we face. If Second, we do know why financial generational and even a racial issue. this fallacy is not corrected and cap- bubbles occur and we know from his- While avoiding the real cause, all the italism is even further undermined, the tory that they are routinely associated fingerpointing makes it difficult to re- prosperity that the free market gen- with speculation, excessive debt, wild solve the crisis and further undermines erates will be destroyed. promises, greed, lying and cheating. the principles upon which freedom and Corruption and fraud in the account- These problems were described by quite prosperity rests. Nixon was right once, ing practices of many companies are a few observers as the problems were when he declared we are all Keynesians coming to light. There are those who developing in the 1990s, but the warn- now. All of Washington is in sync in de- would have us believe this is an inte- ings were ignored, for one reason; ev- claring that too much capitalism has gral part of free market capitalism. If erybody was making a killing and no brought us to where we are today. The we did have free market capitalism, one cared, and those who were re- only decision now before the central there would be no guarantees that minded of history were reassured by planners in Washington is whose spe- some fraud would not occur. When it the Fed chairman that, this time, a cial interest will continue to benefit did, it would be dealt with by local law new economic era had arrived and not from the coming pretense at reform. enforcement authorities, not by the to worry. Productivity increases, it The various special interests will be politicians in Washington who had was said, could explain it all. lobbying heavily, like the Wall Street their chance to prevent such problems But now we know that is just not so. investors, the corporations, the mili- but choose instead to politicize the Speculative bubbles and all that we tary-industrial complex, the banks, the issue while using the opportunity to have been witnessing are a consequence workers, the unions, the farmers, the promote more Keynesian, useless regu- of huge amounts of easy credit, created politicians and who knows who else, lations. out of thin air by the Federal Reserve. but what is not discussed is the actual Capitalism should not be condemned We have had essentially no savings, cause and perpetration of the excesses since we have not had capitalism. A which is one of the most significant now unraveling at a frantic pace. This system of capitalism presumes sound driving forces in capitalism. The illu- same response occurred in the 1930s in money, not fiat money manipulated by sion created by low interest rates per- the United States as our policymakers a central bank. Capitalism cherishes petuates the bubble and all the bad responded to very similar excesses that voluntary contracts and interest rates stuff that goes along with it. And that developed and collapsed in 1929. Be- that are determined by savings, not is not a fault of capitalism. We are cause of the failure to understand the credit creation by a central bank. It is dealing with a system of inflationism problem then, the Depression was pro- not capitalism when the system is and interventionism that always prolonged. These mistakes allowed our plagued with incomprehensible rules duces a bubble economy that must end current problems to develop to a much regarding mergers, acquisitions, stock badly. greater degree. Like the failure to sales, wage controls, price controls, So far, the assessment made by the come to grips with the cause of the protectionism, corporate subsidies, administration, the Congress, and the 1980s bubble, Japan’s economy contin- international management of trade, Fed bodes badly for our economic fu- ued to linger at no-growth and reces- complex and punishing corporate taxes, ture. All they offer is more of the sion level, with their stock market at privileged Government contracts to the same, which cannot possibly help. All approximately one fourth of its peak 13 military-industrial complex, a foreign it will do is drive us closer to national years ago. policy controlled by corporate inter- bankruptcy, a sharply lower dollar and If we are not careful, and so far we ests and overseas investments; central a lower standard of living for most have not been, we will make the same mismanagement of farming, education, Americans, as well as less freedoms for errors that will prevent the correction medicine, insurance, banking and wel- everyone. needed before economic growth can be fare. This is not capitalism. This is a bad scenario that need not resumed. To condemn free market capitalism happen. But preserving our system is In the 1930s it was quite popular to because of anything going on today impossible if the critics are allowed to condemn the greed of capitalism, the makes no sense whatsoever. There is blame capitalism and sound monetary

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.112 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4407 policy is rejected. More spending, more exposes us to a greater threat of ter- such as those that occur in times of de- debt, more easy money, more distor- rorism, since this is the only vehicle clared war. Under those conditions, tion of interest rates, more regulations our victims can use to retaliate against most citizens believe that once the war on everything, more foreign meddling, a powerful military state. The cost in is won, the restrictions on their lib- will soon force us to the very uncom- terms of lost liberties and unnecessary erties will be reversed. For the most fortable position of deciding the fate of exposure to terrorism is difficult to as- part, however, after a declared war is our entire political system. sess, but in time it will become appar- over, the return to normalcy is never If we were to choose freedom and cap- ent to all of us that foreign interven- complete. In an undeclared war, with- italism, we would restore our dollar to tionism is of no benefit to American out a precise enemy and, therefore, no a commodity or a gold standard. Fed- citizens. Instead, it is a threat to our precise ending, returning to normalcy eral spending would be reduced; income liberties.’’ can prove illusory. taxes would be lowered and taxes would Again, let me remind you, these were We have just concluded a century of be removed from savings, dividends and statements I made on the House floor war, declared and undeclared, while at capital gains; regulations would be rein January of the year 2000. Unfortu- the same time responding to public duced; special interest subsidies would nately, my greatest fears and warnings outcries for more economic equality. be stopped and no protectionist meas- have been borne out. The question as a result of these poli- ures would be permitted; our foreign I believe my concerns are as relevant cies is, are we already living in a police policy would change and we would today as they were then. We should state? If we are, what are we going to move with caution in this post-9/11 pe- bring our troops home. do about it? If we are not, we need to We cannot depend on government to riod so that we do not make our prob- know if there is any danger that we are restore trust to the markets. Only lems worse overseas while further un- moving in that direction. trustworthy people can do that. Actu- dermining our liberties at home. Most police states, surprisingly, So far, our post-9/11 policies have ally, the lack of trust in Wall Street come about through the democratic challenged our rule of law here at home process with majority support. During executives is healthy, because it is de- and our efforts against the al Qaeda a crisis, the rights of individuals and served and prompts caution. The same have essentially come up empty-hand- the minority are more easily trampled, lack of trust in the politicians, the ed. The best we can tell now, instead of which is more likely to condition a na- budgetary process, and the monetary being in one place, the members of the system would serve as a healthy incen- al Qaeda are scattered around the tion to become a police state than a tive for the reforms in government we world, with more of them in allied military coup. Promised benefits ini- need. Pakistan than in Afghanistan. Our ef- tially seem to exceed the cost in dol- Markets regulate better than govern- forts to find our enemies have put the lars or lost freedom. When the people ments can. Depending on government CIA in 80 different countries. The ques- face terrorism or great fear from what- regulations to protect us significantly tion that someday we must answer is ever source, the tendency to demand contributes to the bubble mentality. whether we can catch them faster than economic and physical security over These moves would produce the cli- we generate them. So far, it appears we liberty and self-reliance proves irre- mate for releasing the creative energy are losing. sistible. necessary to simply serve consumers, As evidence mounts that we have The masses are easily led to believe which is what capitalism is all about. achieved little in reducing the terrorist that security and liberty are mutually The system that inevitably breeds threat, more diversionary tactics will exclusive and demand for security far corporate government cronyism that be used. The big one will be to blame exceeds that for liberty. Once it is dis- created our currently ongoing disaster Saddam Hussein for everything and ini- covered that the desire for both eco- would end. Capitalism did not give us tiate a major war against Iraq, which nomic and physical security that this crisis of confidence now existing in will only generate even more hatred to- prompted the sacrifice of liberty which the corporate world. The lack of free ward America from the Muslim world. inevitably led to the loss of prosperity markets and sound money did. Con- But, Mr. Speaker, my subject today and no real safety, it is too late. Re- gress does have a role to play, but it is is to discuss whether America is a po- versing the trend from authoritarian not proactive. Congress’ job is to get lice state. I am sure the large majority rule toward a freer society becomes out of the way. of Americans would answer this in the very difficult, takes a long time, and IS AMERICA A POLICE STATE negative. Most would associate mili- entails much suffering. Although dis- Another subject, Mr. Speaker, I want tary patrols, martial law and summary solution of the Soviet empire was rel- to address today, is is America a police executions with a police state, some- atively nonviolent at the end, millions state? Most Americans believe we live thing obviously not present in our ev- suffered from police suppression and in dangerous times, and I must agree. eryday activities. However, those economic deprivation in the decades Today I want to talk about how I see knowledgeable with Ruby Ridge, prior to 1989. those dangers and what Congress ought Mount Carmel and other such incidents But what about here in the United to do about them. may have a different opinion. States? With respect to a police state, Of course, the Monday-morning quar- The principal tool for sustaining a where are we and where are we going? terbacks are now explaining with polit- police state, even the most militant, is Let me make a few observations. Our ical overtones what we should have always economic punishment, by deny- government already keeps close tabs done to prevent the 9/11 tragedy. Unfor- ing such things as jobs or a place to on just about everything we do and re- tunately, in doing so, foreign policy live, levying fines or imprisonment. quires official permission for nearly all The military is more often only used in changes are never considered. of our activities. One might take a I have for more than 2 decades been the transition phase to a totalitarian look at our capital for any evidence of severely critical of our post-World War state. Maintenance for long periods is a police state. We see barricades, metal usually accomplished through eco- II foreign policy. I have perceived it to detectors, police, the military at nomic controls on commercial trans- be not in our best interests and have times, dogs, ID badges required for actions, the use of all property and po- believed that it presented a serious every move, vehicles checked at air- litical dissent. Peaceful control danger to our security. ports and throughout the capital. Peo- through these efforts can be achieved For the record, in January of 2000 I ple are totally disarmed except for the without storm troopers on our street said on this floor, ‘‘Our commercial in- police and the criminals but, worse yet, corners. Terror or fear is used to terests in foreign policy are no longer achieve complacency and obedience, es- surveillance cameras in Washington separate. As bad as it is that average pecially when the people are deluded are everywhere to ensure our safety. Americans are forced to subsidize such into believing they are still a free peo- The terrorist attacks only provided the a system, we additionally are placed in ple. cover for the do-gooders who had been greater danger because of our arrogant planning for a long time before last policy of bombing nations that do not b 1815 summer to monitor us for our own submit to our wishes. This generates The changes, they are assured, will good. Cameras are used to spy on our hatred directed toward America and be minimal, short-lived and necessary, drug habits, on our kids at school, on

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.114 pfrm12 PsN: H09PT1 H4408 CONGRESSIONAL RECORD — HOUSE July 9, 2002 subway travelers, and on visitors to State, dollars that should never have problems if a high profile person can be every government building or park. been taken from them in the first place made an example. There is not much evidence of an open and sent to Washington, let alone be One of the most onerous controls society in Washington, D.C., yet most allowed to be used to extort obedience placed on American citizens is the con- folks do not complain. Anything goes if to a powerful central government. Over trol of speech through politically cor- it is for government-provided safety 80,000 Federal bureaucrats now carry rect legislation. Derogatory remarks or and security. guns to make us toe the line and to en- off-color jokes are justification for If this huge amount of information force the thousands of laws and tens of firings, demotions, and destruction of and technology is placed in the hands thousands of regulations that no one political careers. The movement to- of the government to catch the bad can possibly understand. We do not see ward designating penalties based on a guys, one naturally asks, what is the the guns, but we all know they are category to which victims belong rath- big deal? But it should be a big deal, there, and we all know we cannot fight er than the nature of the crime itself because it eliminates the enjoyment of city hall, especially if it is Uncle Sam. has the thought police patrolling the privacy that a free society holds dear. All 18-year-old males must register airways and the byways. The personal information of law-abid- to be ready for the next undeclared Establishing relative rights and spe- ing citizens can be used for reasons war. If they do not, men with guns will cial penalties for subjective motivation other than safety, such as political. appear and enforce this congressional is a dangerous trend. All our financial Like gun control, people control hurts mandate of involuntary servitude, activities are subject to legal searches law-abiding citizens much more than which was banned by the 13th amend- without warrants and without probable the lawbreakers. Social Security num- ment, but courts do not apply this pro- cause. Tax collection, drug usage, and bers are used to monitor our daily ac- hibition to the servitude of draftees or possible terrorist activities justify the tivities. The numbers are given to us at those citizens required to follow the endless accumulation of information birth and then are needed when we die dictates of the IRS, especially the em- on all Americans. Government control and for everything in between. This al- ployers of the country who serve as the of medicine has prompted the estab- lows government record-keeping of Federal Government’s chief tax collec- lishment of a national medical data monstrous proportions and accommo- tors and information-gatherers. bank. For efficiency reasons, it is said, dates the thugs who would steal others’ Fear is the tool used to intimidate the government keeps our medical identities for evil purposes. This inva- most Americans to comply to the Tax records for our benefit. This, of course, sion of privacy has been compounded Code by making examples of celeb- is done with vague and useless prom- by the technology now available to rities. Leona Helmsley and Willie Nel- ises that this information will always those in government who enjoy moni- son know how this process works. Eco- remain confidential, just like all the toring and directing the activity of nomic threats against business estab- FBI information in the past. Personal others. Loss of personal privacy was a lishments are notorious. Rules and reg- privacy, the sine qua none of liberty, major problem a long time before 9–11. ulations from the EPA, the ADA, the no longer exists in the United States. Centralized control and regulations are SEC, the LRB, OSHA and more ter- Ruthless and abusive use of all of this required in a police state. rorize business owners into submission, information accumulated by the gov- Community and individual State reg- and those charged accept their own ernment is yet to come. ulations are not as threatening as the guilt until they can prove themselves The Patriot Act has given unbeliev- monolith of rules and regulations writ- innocent. Of course, it turns out it is able power to listen, read, and monitor ten by Congress and the Federal bu- much more practical to admit guilt all of our transactions without a reaucracy. Law and order has been fed- and pay the fine. This serves the inter- search warrant being issued after affir- eralized in many ways, and we are ests of the authoritarians because it mation or probable cause. Sneak-and- moving inexorably in that direction. firmly establishes just who is in peak and blanket searches are now be- Almost all our economic activities charge. coming more frequent every day. What depend upon receiving the proper per- An information leak from a govern- have we allowed to happen to the mits from the Federal Government. ment agency like the FDA can make or Fourth Amendment? Transactions involving guns, food, break a company within minutes. If in- It may be true that the average medicine, smoking, drinking, hiring, formation is leaked, even inadvert- American does not feel intimidated by firing, wages, politically correct ently, a company can be destroyed and the encroachment of the police state. I speech, land use, fishing, hunting, buy- individuals involved in the revealing of am sure our citizens are more tolerant ing a house, business mergers and ac- government-monopolized information of what they see as mere nuisances be- quisitions, selling stocks and bonds, can be sent to prison. Each, though cause they have been deluded into be- and farming all require approval and economic crimes, are serious offenses lieving all of this government super- strict regulation from our Federal Gov- in the United States. Violent crimes vision is necessary and helpful and be- ernment. If this is not done properly sometimes evoke more sympathy and sides, they are living quite comfortably and in a timely fashion, economic pen- fewer penalties. Just look at the O.J. material-wise. However, the reaction alties and even imprisonment are like- Simpson case as an example. will be different once all of this new ly consequences. Efforts to convict Bill Gates and oth- legislation we are passing comes into Because government pays for so ers like him of an economic crime are full force and the material comforts much of our health care, it is conven- astounding, considering his contribu- that soften our concerns for govern- iently argued that any habits or risk- tion to economic progress, while ment regulations are decreased. This taking that could harm one’s health sources used to screen out terrorist ele- attitude then will change dramatically, are the prerogative of the Federal Gov- ments from our midst are tragically but the trend toward the authoritarian ernment and are to be regulated by ex- useless. If business people are found state will be difficult to reverse. What plicit rules to keep medical care costs guilty of even the suggestion of collu- government gives with one hand as it down. This same argument is used to sion in the marketplace, huge fines and attempts to provide safety and secu- require helmets for riding motorcycles even imprisonment are likely con- rity, it must at the same time take and bikes. Not only do we need a li- sequences. away with two others. When the major- cense to drive, but we also need special Price-fixing is impossible to achieve ity recognizes that the monetary costs belts, bags, buzzers, seats, and environ- in a free market. Under today’s laws, and the results of our war against ter- mentally-dictated speed limits or a po- talking to or consulting with competi- rorism and personal freedoms are a lot liceman will be pulling us over to levy tors can be easily construed as price- less than promised, it may be too late. a fine and he will be carrying a gun, of fixing and involve a serious crime even I am sure all of my concerns are un- course. with proof that the so-called collusion convincing to the vast majority of The States do exactly as they are never generated monopoly-controlled Americans who do not only seek, but told by the Federal Government be- prices or was detrimental to con- also demand, they be made safe from cause they are threatened with the loss sumers. Lawfully circumventing taxes, any possible attack from anybody, of tax dollars being returned to their even sales taxes, can lead to serious ever. I grant you, this is a reasonable

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.116 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4409 request. The point is, though, however, In times of crises, nearly unanimous intellectual community, and ques- there may be a much better way of support for government programs is tioned only by a small number of civil doing it. We must remember we do not usual, and the effects are instanta- libertarians, anti-imperial antiwar ad- sit around and worry that some Cana- neous. Discovering the errors of our vocates. dian citizen is about to walk into New ways and waiting to see the unintended The main reason why so many usu- York and set off a nuclear weapon. We consequences evolve takes time and ally level-headed critics of bad policy must come to understand the real rea- careful analysis. Reversing the bad ef- accept this massive increase in govern- son is that there is a difference be- fects is slow and tedious and fraught ment power is clear. They, for various tween the Canadians and all of our with danger. People would much prefer reasons, believe the official expla- many friends and the Islamic radicals. to hear platitudes than the pessimism nation of ‘‘why us?’’ The several hun- Believe me, we are not the target be- of a flawed policy. dreds of al Qaeda members we were cause we are free and prosperous. The Understanding the real reason why told hate us because we are rich, free, argument made for more government we were attacked is crucial to deriving and we enjoy materialism, and the pur- controls here at home and expan- a proper response. I know of no one veyors of terror are jealous and envi- sionism overseas to combat terrorism who does not condemn the attacks of 9– ous, creating the hatred that drive is simple and goes like this: If we are 11. Disagreement as to the cause and their cause. They despise our Judeo- not made safe from potential terror- the proper course of action should be Christian values; and this, we are told, ists, property and freedom have no legitimate in a free society such as is the sole reason they are willing to meaning. It is argued that first we ours; if not, we are not a free society. die for their cause. must have life and physical and eco- Not only do I condemn the vicious For this to be believed, one must also nomic security with continued abun- acts of 9–11, but also out of deep philo- be convinced that the perpetrators lied dances, and then we will talk about sophic and moral commitment I have to the world about why they attacked freedom. pledged never to use any form of ag- us. The al Qaeda leaders say they hate It reminds me of the time I was solic- gression to bring about social or eco- us because we support Western puppet iting political support from a voter and nomic changes. But I am deeply con- regimes in Arab countries for commer- was boldly put down. ‘‘Ron,’’ she said, cerned about what has been done and cial reasons and against the wishes of ‘‘I wish you would lay off this freedom what we are yet to do in the name of the populace of those countries. This stuff. It is all nonsense. We are looking security against the threat of ter- partnership allows military occupa- for a representative who will know how rorism. tion, the most confrontational being in to bring home the bacon and help our Political propagandizing is used to Saudi Arabia, that offends the sense of area, and you are not that person.’’ Be- get all of us to toe the line and be good pride and violates their religious con- lieve me, I understand that argument, patriots, supporting every measure victions to have a foreign military it is just that I do not agree that it is suggested by the administration. We power on their holy land. We refuse to what should be motivating us here in are told that preemptive strikes, tor- consider how we might feel if China’s the Congress. That is not the way it ture, military tribunals, suspension of navy occupied the Gulf of Mexico for works. Freedom does not preclude se- habeas corpus, executive orders to the purpose of protecting their oil, and curity. Making security the highest wage war, and sacrificing privacy with had air bases on U.S. territory. priority can deny prosperity and still a weakened fourth amendment are the We show extreme bias in support of fail to provide the safety we all want. minimum required to save our country one side in the 50-plus-year war going from a threat of terrorism. Who is win- on in the Middle East. That is their ex- 1830 b ning this war, anyway? planation. The Congress would never agree that To get popular support for these seri- What if the al Qaeda is telling the we are a police state. Most Members, I ous violations of our traditional rule of truth and we ignore it? If we believe am sure, would argue for the negative. law requires that people be kept in a only the official line from the adminis- But we are all obligated to decide in state of fear. The episode of spreading tration and proceed to change our which direction we are going. If we are undue concern about the possibility of whole system and undermine our con- moving toward a system that enhances a dirty bomb being exploded in Wash- stitutional rights, we may one day individual liberty and justice for all, ington without any substantiation of wake up to find that the attacks have my concerns about a police state an actual threat is a good example of increased the numbers of those willing should be reduced or totally ignored; excessive fear being generated by gov- to commit suicide for their cause has yet if by chance we are moving toward ernment officials. grown, our freedoms have diminished, more authoritarian control than is To add insult to injury, when he and all this has contributed to making good for us in moving toward a major made this outlandish announcement, our economic problems worse. war in which we should have no part, our Attorney General was in Moscow. The dollar cost of this war could turn we should not ignore the dangers. Maybe if our FBI spent more time at out to be exorbitant, and the efficiency If current policies are permitting a home, we would get more for our of our markets can become undermined serious challenge to our institutions money we pump into this now-discred- by the compromises placed on our lib- that allow for our great abundance and ited organization. Our FBI should be erties. Sometimes it almost seems that we ignore them, we ignore them at gathering information here at home, our policies inadvertently are actually great risk for future generations. That and the thousands of agents overseas based on a desire to make ourselves is why the post-9–11 analysis and subse- should return. We do not need these less free and less prosperous, those con- quent legislation are crucial to the sur- agents competing overseas and conditions that are supposed to have vival of those institutions that made fusing the intelligence apparatus of the prompted the attacks. America great. CIA or the military. I am convinced we must pay more at- We now are considering a major leg- I am concerned that the excess fear tention to the real cause of the attacks islative proposal dealing with this di- created by the several hundreds of al of last year and challenge the expla- lemma, the new Department of Home- Qaeda functionaries willing to sacrifice nation given us. The question that one land Security; and we must decide if it their lives for their demented goals is day must be answered is this: What if truly serves the interests of America. driving us to do to ourselves what the we had never placed our troops in Since the new Department is now a al Qaeda themselves could never do to Saudi Arabia, and involved ourselves in foregone conclusion, why should any- us by force. So far, the direction is the Middle East war in an even-handed one bother to record a dissent? Because clear: we are legislating bigger and fashion? Would it have been worth it if it is the responsibility of all of us to more intrusive government here at this would have prevented 9–11? speak the truth to the best of our abil- home and allowing our President to If we avoid the truth, we will be far ity; and if there are reservations about pursue much more military adven- less well off than if we recognize that what we are doing, we should sound an turism abroad. These pursuits are over- just maybe the truth lies in the state- alarm and warn the people of what is whelmingly supported by Members of ments made by the leaders of those likely to come. Congress, the media, and the so-called who perpetuated the atrocities. If they

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.118 pfrm12 PsN: H09PT1 H4410 CONGRESSIONAL RECORD — HOUSE July 9, 2002 speak the truth about the real cause, the media or the politicians, only correct fanatics and curtail the immi- changing our foreign policy from for- cheers. Put in these terms, who can ob- gration of those individuals on the eign military interventionism around ject? We all despise the tactics of the highly suspect list? Instead of these the globe supporting an American em- terrorists, so the nature of the re- changes, all we hear is that the major pire would make a lot of sense. It could sponse is not to be questioned. solution will come by establishing a reduce tension, save money, preserve A growing number of Americans are huge new Federal department, the De- liberty, and preserve our economic sys- concluding that the threat we now face partment of Homeland Security. tem. comes more from a consequence of our According to all the pundits, we are This for me is not a reactive position foreign policy than because the bad expected to champion the big govern- coming out of 9–11, but rather, an argu- guys envy our freedoms and prosperity. ment approach; and if we do not jolly ment I have made for decades, claiming How many terrorist attacks have well like it, we will be tagged unpatri- that meddling in the affairs of others is been directed toward Switzerland, Aus- otic. The fear that permeates our coun- dangerous to our security and actually tralia, Canada, or Sweden? They are try calls out for something to be done reduces our ability to defend ourselves. also rich and free, and would be easy in response to almost daily warnings of This in no way precludes pursuing targets; but the Islamic fundamental- the next attack. If it is not a real at- those directly responsible for the at- ists see no purpose in doing so. There is tack, then it is a theoretical one, one tacks and dealing with them accord- no purpose in targeting us unless there where the bomb could well be only in ingly, something that we seem to have is a political agenda, which there sure- the minds of a potential terrorist. not yet done. We hear more talk of ly is. To deny that this political agen- Where is all this leading us? Are we starting a war in Iraq than in achiev- da exists jeopardizes the security of moving toward a safer and more secure ing victory over the international out- this country. Pretending something to society? I think not. All the discus- laws that instigated the attacks on 9– be true that is not is dangerous. sions of these proposed plans since 9–11 11. It is a definite benefit for so many to have been designed to condition the Rather than pursuing war against recognize that our $40 billion annual American people to accept major countries that were not directly re- investment in intelligence-gathering changes in our political system. Some sponsible for the attacks, we should prior to 9–11 was a failure. Now, a sin- of the changes being made are unneces- consider the judicious use of mark and cere desire exists to rectify these mis- sary, and others are outright dangerous reprisal. I am sure that a more enlight- takes. That is good, unless instead of to our way of life. ened approach to our foreign policy changing the role of the CIA and the There is no need for us to be forced to will prove elusive. Financial interests FBI all the past mistakes are made choose between security and freedom. of our international corporations, oil worse by spending more money and en- Giving up freedom does not provide companies and banks, along with the larging the bureaucracy to do the very greater security; preserving and better military-industrial complex, are sure same thing without improvement in understanding freedom can. Sadly, to remain a deciding influence on our their efficiency or a change in their today, many are anxious to give up policies. goals. Unfortunately, that is what is freedom in response to real and gen- Besides, even if my assessments likely to happen. erated fears. prove to be true, any shift away from One of the major shortcomings that The plans for a first strike sup- foreign militarism, like bringing our is led to the 9–11 tragedy was the re- posedly against a potential foreign gov- troops home, would now be construed sponsibility for protecting commercial ernment should alarm all Americans. If as yielding to the terrorists. It just airlines was left to the government: we do not resist this power the Presi- the FAA, the FBI, the CIA, and the will not happen. This is a powerful dent is assuming, our President, INS. They failed. A greater sense of re- point, and the concern that we might through executive order, can start a sponsibility for the owners to provide appear to be capitulating is legitimate. war anyplace, anytime, against anyone security is what is needed. Guns in the Yet, how long should we deny the he chooses for any reason without con- cockpit would have most likely pre- truth, especially if this denial only gressional approval. vented most of the deaths that oc- makes us more vulnerable? Should we This is a tragic usurpation of the war curred on that fateful day. power by the executive branch from not demand the courage and wisdom of But what does our government do? It the legislative branch, with Congress our leaders to do the right thing in firmly denies airline pilots the right to spite of the political shortcomings? defend their planes, and we federalize being all too accommodating. Remov- President Kennedy faced an even the security screeners and rely on F– ing the power of the executive branch greater threat in October of 1962, and 16s to shoot down airliners if they are to wage war, as was done through our from a much more powerful force. The hijacked. Security screeners, many revolution and the writing of the Con- Soviet-Cuban terrorist threat with nu- barely able to speak English, spend stitution, is now being casually sac- clear missiles only 90 miles off our endless hours harassing pilots, confis- rificed on the alter of security. shores was wisely defused by Kennedy’s cating dangerous mustache scissors, In a free society, and certainly in the capitulating and removing missiles mauling grandmothers and children, constitutional Republic we have been from Turkey on the Soviet border. and pestering Al Gore, while doing given, it should never be assumed that Kennedy deserved the praise he re- nothing about the influx of aliens from the President alone can take it upon ceived for the way he handled this nu- Middle Eastern countries who are on himself to wage war whenever he pleas- clear standoff with the Soviets. designated watch lists. es. The publicly announced plan to This concession most likely pre- We pump up the military from India murder Saddam Hussein in the name of vented a nuclear exchange and proved and Pakistan, ignore all the warnings our national security draws nary a that taking a step back from a failed about Saudi Arabia, and plan a secret whimper from Congress. Support is policy is beneficial. Yet how one does war against Iraq, to make sure no one overwhelming, without a thought as to so is crucial. The answer is to do it dip- starts asking, where is Osama bin the legality, the morality, the con- lomatically. That is what diplomats Laden? We think we know where Sad- stitutionality, or its practicality. are supposed to do. dam Hussein lives, so let us go get him Murdering Saddam Hussein will sure- Maybe there is no real desire to re- instead. ly generate many more fanatics ready move the excuse for our worldwide im- Since our government bureaucracy to commit their lives to suicide at- perialism, especially our current new failed, why not get rid of it, instead of tacks against us. Our CIA attempts to expansion into central Asia, or the do- adding to it? If we had proper respect assassinate Castro backfired with the mestic violations of our civil liberties. and understood how private property subsequent assassination of our Presi- Today’s conditions may well be exactly owners effectively defend themselves, dent. Killing Saddam Hussein just for what our world commercial interests we could apply those rules to the air- the sake of killing him obviously will want. It is now easy for us to go into lines and achieve something worth- increase the threat against us, not di- the Philippines, Colombia, Pakistan, while. minish it. It makes no sense. But our Afghanistan, or wherever, in pursuit of If our immigration policies have warriors argue that some day he may terrorists. No questions are asked by failed, when will we defy the politically build a bomb, some day he might use

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.120 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4411 it, maybe against us or some unknown Functioning of the Federal Govern- secure in their homes though miles target. ment authority and essentially monop- from any police protection. They are This policy further radicalizes the Is- olizing vaccines and treatment for in- safe because even the advantage of iso- lamic fundamentalists against us be- fectious diseases, permitting massive lation does not entice the burglar to cause, from their viewpoint, our policy quarantines and mandates for vaccina- rob a house when he knows a shotgun is driven by Israel, not U.S. security tions. sits inside the door waiting to be used. interests. Almost all significant legislation But this is a right denied many of our since 9–11 has been rushed through in a b 1845 citizens living in the inner city. tone of urgency with reference to the The whole idea of government pre- Planned assassination, a preemptive tragedy including the $190 billion farm venting crime is dangerous. To prevent strike policy without proof of any bill. Guarantees to all insurance com- crimes in our homes or businesses, gov- threat and a vague definition of ter- panies are now moving quickly through ernments would need cameras to spy rorism may work for us as long as we the Congress. Increasing the billions on every move to check for illegal drug are king of the hill; but one most as- already flowing into foreign aid is now use, wife-beating, child abuse or tax sume every other nation will naturally being planned as our intervention over- evasion. They would need cameras not use our definition of policy as justifica- seas continue to expand. only on our streets and in our homes; tion for dealing with their neighbors. There is no reason to believe that the but our phones, Internet, and travels India can justify a first strike against massive increase in spending, both do- would need to be constantly monitored Pakistan, China against India or Tai- mestic and foreign, along with the just to make sure we are not a ter- wan as other examples. This new pol- massive expansion of the size of the rorist, drug dealer, or tax evader. icy, if carried through, will make the Federal Government will slow any time This is the assumption used at the world a lot less safe. soon. The deficit is exploding as the airports, rather than using privately This new doctrine is based on proving economy weakens. When the govern- owned airlines to profile their pas- a negative which is something impos- ment sector drains the resources need- sengers to assure the safety for which sible to do, especially when we are ed for capital expansion, it contributes airline owners ought to assume respon- dealing with a subjective interpreta- to the loss of confidence needed for sibility. But, of course, this would tion of plans buried in someone’s head. growth, allowing the economy to func- mean guns in the cockpit. I am certain To those who suggest a more re- tion. this approach to safety and security Even without evidence that any good strained approach on Iraq and killing would be far superior to the rules that has come from this massive expansion Saddam Hussein, the war hawks retort existed prior to 9–11 and now have been of government power, Congress is in saying, Prove to me that Saddam Hus- made much worse in the past 9 months. sein might not do something some day the process of establishing this huge This method of providing security directly harmful to the United States. new Department of Homeland Security, emphasizes private property ownership hoping miraculously through cen- Since no one can prove this, the war and responsibility of the owners to pro- tralization to make all of these efforts mongers shout, let us march to Bag- tect that property, but the right to productive and worthwhile. There is no dad. bear arms must be included. The fact evidence, however, that government We can all agree that aggression that the administration is opposed to bureaucracy and huge funding can should be met with force and that pro- guns in the cockpits and the fact that solve our Nation’s problem. The likeli- viding national security is an ominous airline owners are more interested in hood is that the unintended con- responsibility that falls on the shoul- bailouts and insurance protection sequences of this new proposal will be ders of Congress. But avoiding useless means that we are just digging a bigger to diminish our security and do noth- and unjustifiable wars that threaten hole for ourselves, ignoring liberty and our whole system of government and ing to enhance our security. Opposing currently proposed legisla- expanding the government to provide security seems to be the more prudent tion and recently passed legislation something it is not capable of doing. thing to do. does not mean that one is complacent Because of this, in combination with Since September 11, Congress has re- about terrorism or homeland security. a foreign policy that generates more sponded with a massive barrage of leg- The truth is that there are alternative hatred towards us and multiplies the islation not seen since Roosevelt took solutions to these problems we face number of terrorists that seek venge- over in 1933. Where Roosevelt dealt without resorting to expanding the size ance, I am deeply concerned that Wash- with trying to provide economic secu- and scope of government at the expense ington’s effort so far, sadly, have only rity, today’s legislation deals with per- of liberty. made us more vulnerable. I am con- sonal security from any and all imag- As tempting as it may seem, a gov- vinced that the newly proposed Depart- inable threat at any cost, dollar or ernment is incapable of preventing ment of Homeland Security will do freedom loss. These include the PA- crimes. On occasion with luck they nothing to make us more secure, but it TRIOT Act, which undermines the might succeed. But the failure to tip us will make us a lot poorer and less free. fourth amendment with the establish- off about 9–11 after spending $40 billion If the trend continues, the Department ment of an overly-broad and dangerous a year on intelligence-gathering should of Homeland Security may well be the definition of terrorism; the Financial surprise no one. Governments by na- vehicle used for a much more ruthless Anti-terrorism Act, which expands the ture are very inefficient institutions. control of the people by some future government’s surveillance of the finan- We must accept that as fact. administration than any of us cial transactions of all American citi- I am sure that our intelligence agen- dreamed. Let us pray that this concern zens through the increased power of cy had the information available to will never materialize. FinCen and puts back on track the head off 9–11, but bureaucratic blun- America is not now a ruthless au- plans to impose ‘‘Know our customer’’ dering and turf wars prevented the in- thoritarian police state, but our con- regulations on all Americans. formation from being useful. But the cerns ought to be whether we have laid The airline bail-out bill gave $15 bil- basic principle is wrong. City police- the foundation of a more docile police lion rushed through shortly after Sep- man cannot and should not be expected state. The love of liberty has been so tember 11. The federalization of all air- to try to prevent crimes. This would diminished that we tolerate intrusions lines security employees, military tri- invite massive intrusions into the ev- into our privacy today that would have bunals set up by executive orders, un- eryday activities of every law-abiding been abhorred just a few years ago. dermining the rights of those accused, citizen. But that is exactly what our Tolerance of inconvenience to our lib- rights established as far back as 1215. recent legislation is doing. It is a erties is not uncommon when both per- Unlimited retention of suspects with- wrongheaded approach, no matter how sonal and economic fears persist. The out charges being made even when a wonderful it may sound. The policemen sacrifices being made to our liberties crime has not been committed, a seri- in the inner cities patrol their beats, will surely usher in a system of govern- ous precedent that one day may well be but crime is still rampant. ment that will place only those who abused. Relaxation of FBI surveillance In the rural areas of America, lit- enjoy being in charge of running other guidelines of all political activity. erally millions of citizens are safe and peoples lives.

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.121 pfrm12 PsN: H09PT1 H4412 CONGRESSIONAL RECORD — HOUSE July 9, 2002 What then is the answer? Is America an important responsibility to protect ets. The Federal Government now, as a police state? My answer is maybe, the quality of life for our citizens. My we know, is hemorrhaging red ink. We not yet. But it is fast approaching. The sense is that it is important for us to have gone from last year being con- seeds have been sown and many of our promote liveable communities where cerned that we were somehow going to basic protections against tyranny have the Federal Government is a partner to pay off the national debt too quickly, been and are constantly being under- help make our families safe, healthy, to a point where we are going to be mined. The post-9–11 atmosphere here and more economically secure. borrowing over a trillion and a half in Congress has provided ample excuse Unfortunately, when it comes to dollars from the Social Security fund. dealing with hazardous waste, we, as a to concentrate on safety at the expense b 1900 of liberty, failing to recognize that we Federal Government, have failed to fol- cannot have one without the other. low through on our commitment. This Sadly, the administration has chosen When the government keeps detailed is very serious business for most Amer- to abandon the notion of renewing the records on every move we make and we icans. I, in the State of Oregon, have Superfund tax. It has chosen instead to either need advanced permission for ev- eleven Superfund sites. One in four slash the cleanup funding and to rely erything we do or are penalized for not Americans live within 4 miles of a for what money will be available from knowing what the rules are, America Superfund site. Ten million American the general fund. This is part of a pat- will be a declared police state. Per- children live within a short bicycle tern from this administration that is sonal privacy for law-abiding citizens ride of a Superfund site. These are unsettling. will be a thing of the past. Enforce- areas, some 1,200 priority sites around In its first year, the Bush adminis- ment of laws against economic and po- the country, many of which are pol- tration decreased the pace of cleanups litical crimes will exceed that of vio- luted by hazardous chemicals known to by almost 45 percent, from an average lent crimes. War will be the preroga- cause cancer, heart disease, kidney of 87 sites per year in President Clin- tive of the administration. Civil lib- failure, birth defects and brain damage. ton’s second term. It originally pro- erties will be suspended for suspects There has been a very simple prin- jected this year, the administration and their prosecution will not be car- ciple at work for over 20 years as far as predicted that it would clean up 65 ried out by an independent judiciary. the Federal Government is concerned, sites this year, but now that number In a police state this becomes common and that is that corporations, busi- will be only 40. practice rather than a rare incident. nesses that have been involved with se- Last month, the administration an- Some argue that we already live in a rious pollution should clean up after nounced that it would be cutting fund- police state and Congress does not have themselves. If they are responsible for ing for cleanup at 33 sites in 19 States. the foggiest notion of what we are deal- the environmental damage and the In addition to zeroing out the funding ing with. So forget it and use your en- public health threats, they should be for these 33 sites altogether, it is se- ergies for your own survival, some ad- held financially accountable for their verely underfunding sites of existing vise. And they advise also that the mo- contaminated sites and should help projects. We have two of them that I mentum toward the monolithic state keep them up. am following closely in Oregon, McCor- cannot be reversed. The law that we put in place in 1980 mick and Baxter creosote plant in Possibly that is true. But I am opti- is based on this ‘‘polluter pays’’ prin- Portland on the banks of the Willam- mistic that if we do the right thing and ciple. When the companies that are re- ette River, and a site designated North- do not capitulate to popular fallacies sponsible for this pollution and the west Pipe and Casting Process Com- and fancies and the incessant war prop- public health threats are unable to pany, which is an area that is near a aganda, the onslaught of statism can clean up after themselves, then the number of well areas and that drains be reversed. To do so, we as a people Federal Government steps in. And that into the Clackamas River which drains once again have to dedicate ourselves part of that same legislation created into that same Willamette River. to establishing the proper role a gov- the Superfund site, created a Super- I must say that I am rather frus- ernment plays in a free society. That fund itself, that was to be supplied trated at this attitude we have at this does not involve the redistribution of with money from a special tax on oil point. During the last presidential elec- wealth through force. It does not mean and chemical companies who, by and tion, we had the candidates, both Mr. that government dictates to us the large, have been responsible for much Bush and Mr. Gore, talking a good moral and religious standards of the of this pollution. fight about being able to be forward people. It does not allow us to police The money from the tax was placed protecting on the environment. Now the world by involving ourselves in in a trust fund, the so-called Super- when we have a chance to put it into every conflict as if it is our responsi- fund, and designated for cleaning up action, we are not seeing the perform- bility to manage an American world polluted sites where the responsible ance. empire. But it does mean government party either could not pay or we were It does not have to be that way. has a proper role in guaranteeing free unable to identify them. When we get a chance to work to- markets, protecting voluntary and reli- Unfortunately, the tax that provides gether, good things can happen. Earlier gious choices and guaranteeing private the Environmental Protection Agency this Congress was able to work with property ownership while punishing with the funds to clean up these aban- the administration in a bipartisan those who violate these rules, whether doned sites expired in 1995. Part of the fashion to deal with cleanup of foreign or domestic. Gingrich revolution was simply a re- brownfields, and we made some signifi- In a free society, the government’s fusal to reenact the tax, despite the cant progress. These are the properties job is simply to protect liberty. The fact that every Congress and every that are idle due to actual or potential people do the rest. Let us not give up a President since its original enactment contamination by hazardous sub- grand experiment that provided so was supportive of that effort. stances and pollutants, by and large in much for so many. Let us reject the po- Now, originally when they have re- our urban areas. We have an estimate lice state. fused to renew the tax in 1995, it was of almost a half million of these brownfields sites nationally. f not an immediate disaster because over the years money had accumulated in We found that by moving to restore PROTECTING AMERICANS FROM the trust fund; and, indeed, at the time the environmental health of these sites POLLUTION of the tax termination there was over it is an effective way to revitalize The SPEAKER pro tempore (Mr. SIM- $3.5 billion in 1996. But now that fund neighborhoods and in some cases an en- MONS). Under the Speaker’s announced has dwindled from $3.8 billion down to tire city. It can help communities be- policy of January 3, 2001, the gen- a projected $28 million next year. come more livable in a number of ways. tleman from Oregon (Mr. BLUMENAUER) This leaves us with three stark It improves the environment by clean- is recognized for 60 minutes as the des- choices. We either reinstate the tax, we ing up the toxic contaminants and pre- ignee of the minority leader. dramatically reduce our clean up ef- venting their spread and contamina- Mr. BLUMENAUER. Mr. Speaker, ul- forts, or we force the taxpayers to pick tion and potential disease-causing as- timately the Federal Government has up the tab from already strained budg- pects, side effects for individuals. The

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.123 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4413 cleanup makes the communities But there is another thing Americans the largest toxic waste sites in the healthier and safer, and it targets rein- feel strongly about, and that is respon- West Coast is a former creosote plant vestments in our city. sibility for one’s actions. That is why and that for years and years and years By providing redevelopment opportu- years ago this Chamber and the Senate the owners dumped creosote into the nities where infrastructure is currently adopted a Superfund plan that would ground right on Bill Point which is a in place, it saves taxpayers dollars over make sure that polluters pay, not tax- point just on Eagle Harbor there in greenfield development out in pristine payers, and Americans have felt for Bainbridge Island. It is a beautiful lo- farmlands that would require new years that polluters who dump this cation. Trouble is now it is one of the roads, utility, water, and would take toxic material into the soil ought to be most toxic area substrata around be- away open space, productive farmland, the one, to the extent humanly pos- cause it is full of creosote, which is wetlands that have other purposes that sible, to pay for the cleanup, instead of pretty ugly stuff. Sometimes when I go help stabilize the environment. John Q. Citizen or Mary Q. Citizen who by, I can see it bubble up out of the We see significant job creation and pay their taxes, and Americans have water, and it is real stinky and black economic development opportunities felt for a long time that it is only right and it is quite toxic. We think that the provided by brownfield cleanup, and it because why should the taxpayer have polluters who put the creosote in the actually boosts the tax revenues for to pay when the polluter was the one ground should be responsible for that cities and towns by improving property who dumped the crud into the ground? cleanup, which is going to take years tax bases. In fact, the EPA estimates That has been the law up until George and years and years, rather than the that for every dollar of Federal money W. Bush was elected President of the taxpayers in the State of Washington spent on brownfield cleanup, cities and United States. or anywhere else in the United States, States produce or leverage almost two- Now he wants to change that. He and yet the President wants to reduce and-a-half dollars in private invest- wants to abandon this basic American that protection. ment. value of personal responsibility and he I just give my colleague a little com- Sort of a stark example. We have the wants to shift the cost of that onto the ment, too. We are now trying, just to opportunity to revitalize communities American taxpayer, and I think that is tell him how nasty the stuff is, we are with investments in brownfields, and wrong. trying a new technology of injecting we have been able to work on that on I think the continued American steam into the ground to try to break a bipartisan basis, what has happened value is, one, we ought to continue the up the creosote so it can be pumped with Superfund, where Democrats, I as- Superfund cleanup to get these sites out, and it is an experiment, really one sure my colleagues, are willing to step done, and two, that the President is of the first or second times it is being forward with progressive, environ- wrong in trying to stop the idea and tried anywhere in the Nation. We hope mentally sensitive Republicans and abandon the idea of polluter pays and it works because if it does not work, we support the administration to make now make the rule in America being have got to build these walls to essen- sure that we take advantage of these that the taxpayer pays, and somehow tially have a bathtub to preserve this opportunities to protect the environ- we have got to put it on the general stuff so it does not keep leaking into ment and revitalize the community. fund for the taxpayer to fund these bil- Puget Sound and causing terrible I am pleased to be joined by the gen- lions of dollars of cleanup, and I think things in the food chain, and if we have tleman from Washington (Mr. INSLEE), that that is way out of touch with to do that, we have to pump water out my colleague from the Great Pacific what Americans want to see happen of this literally for eternity. Northwest, from the Seattle area, who here, and it is but yet one more, just So this is very expensive and we has been very active on a whole range one more manifestation of how the think the one who put it in ought to be of environmental areas. I would be President’s administration unfortu- responsible. We think that the Presi- pleased to yield to him to comment, if nately has acted slavishly to these cor- dent should revisit this issue and stick he would, on corporate responsibility, porate interests instead of the general with the existing view of the polluter environmental cleanup and where he interests, and the President who has being responsible rather than the tax- sees us going in the months ahead. had a history, as we all know, in the oil payer. We hope we are successful in Mr. INSLEE. Mr. Speaker, will the and gas industry, cannot seem to break this regard. gentleman yield? that history to answer the general Today the President gave a speech Mr. BLUMENAUER. I yield to the needs of the public rather than the spe- about corporate responsibility, and he gentleman from Washington. cial needs of the polluting industries. said that corporations need to be more Mr. INSLEE. Mr. Speaker, I appre- This is not something that we are ethical, more responsible, and if he ciate the gentleman organizing this asking the President to sort of invent a feels that way, why the heck is he try- chance to address this because this is new science or even a new type of legis- ing to shift the costs off of corpora- an interesting sort of coming-together lation. We are just asking him to take tions who dump creosote in the ground of two themes of American values, and his hands off the existing legislation, year after year after year after year, one of those values is protect our nat- which requires polluters to pay for poisoning the atmosphere and the envi- ural resources for our children, and the their own problems they created rather ronment, and try to change that re- other American value is responsibility than the taxpayer. We are only asking sponsibility off the taxpayers? That is and accountability and corporate re- him to do what has been the law for not in league with what I sense he was sponsibilities which certainly is in the years and years and years and years, saying today, which is corporations news in a lot of different ways today. and that is why it is most discouraging ought to be responsible for their own I have come to the floor tonight be- that the President has seen fit to try to conduct. cause I am so concerned that I think go backwards both on environmental So we will continue in our efforts, the administration is grossly on the policy and on the concept of personal and I appreciate this opportunity to wrong track on both these issues on an accountability, and we are going to do join my colleague to talk about this interesting sort of marriage of two val- everything we can to stop him in his one particular issue that I am very ues, where the administration is going efforts. concerned about. absolutely backwards. Clearly we have In the State of Washington we have a Mr. BLUMENAUER. Mr. Speaker, I an environmental challenge in making number of Superfund sites. They are at appreciate the gentleman making that sure that our Superfund sites remain in risk with many other Superfund sites linkage because I think it is important. operation to clean up these most toxic of not being funded because of the There is a lot of talk about corporate areas with PCB, DDT, creosote, you President’s threats, and even if they responsibility. There is a lot of talk name it, in it. So we have got this envi- are funded, we do not think they now when the spotlight has been ronmental challenge and cleaning it up should be funded by the taxpayer. We trained on some practices that are hav- is an American value. Americans feel think they should be funded by the pol- ing a devastating effect on the pocket- very strongly about cleaning up these luter who dumped the stuff in the book of Americans across the country, sites so that we do not leave water pol- ground. as people are getting their quarterly lution for our children for hundreds I give my colleagues an example. In statements from their individual re- and hundreds of years. Bainbridge Island, where I live, one of tirement accounts, their 401(k)s. They

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.125 pfrm12 PsN: H09PT1 H4414 CONGRESSIONAL RECORD — HOUSE July 9, 2002 have watched what has happened as the antienvironmental actions by this ad- wanted a strong roadless area bill to stock market has been hammered by ministration. protect our pristine area, yet what did questionable practices that are in turn Everybody makes a mistake. We are the President of the United States do? being reflected in a loss of wealth for all human, and we do not expect perfec- He ignored them. Americans. tion from the President. But when we Now he is trying to back up on this It is going to make it harder to do look at the number of times that the rule to allow clear-cutting and roadless business, yet this notion of exercising President, this President, has sided area rules. We are going to fight this. corporate responsibility is something with these special interests to the deg- We feel very strongly about it. that could be simply done in terms of radation of clean air and clean water, And I thank the gentleman. an area that would actually add value it really bothers the people I represent. Mr. BLUMENAUER. I appreciate the to every community around the coun- I have lots of them come up to me and gentleman’s leadership. try in terms of reestablishing this prin- say, ‘‘Whatever you do, just do not let One of the areas we have been focus- ciple of polluter pays. him continue down this road.’’ ing on in dealing with Superfund needs Mr. INSLEE. I may just tell my col- It started with his efforts on arsenic to be in the area of hard rock mining. league, we have got a lot of great cor- in the water; then it has gone on to Frankly, there are a number of us who porations out there, too, that are being issues to gut the roadless area rule are concerned about the situation that extremely responsible, and those sort where we are trying to protect the last is occurring in our Nation’s wilderness of good actors are paying corporate pristine areas in our forest areas; then areas that have basically been given away to mining interests with vir- taxes, the ones who are not polluting the President ignores any affirmative tually no change since that law was en- against the law, and what the Presi- action on global warming; and then the acted in 1872, basically the same as dent’s proposal is doing is shifting the President takes this action that we are when it was enacted and signed into burden for the pollution of the bad ac- talking about trying to gut the Super- fund sites. That was preceded 2 weeks law by President Ulysses S. Grant. tors onto the corporations as well as There are those that argue that hard ago by his efforts to reduce clean air individual taxpayers. He is shifting the rock mining is the Nation’s number rules. burden for the pollution off the bad ac- one polluter. They are currently re- This is consistent with his actions, tors onto the good corporations that sponsible for approximately 70 Super- unfortunately, with the Securities and are not polluting. So I mean it is not fund sites. Of the 33 sites around the Exchange Commission, to date, where like just individuals are victims of the country that the administration sadly he appointed a gentleman, who, though President’s proposal here. The good is talking about eliminating funding a very nice person, very intelligent, is corporations that are following envi- for, two of them were contaminated by from the industry he is supposed to be ronmental laws and taking care of hard rock mining companies in Mon- regulating. Mr. Pitt from the SEC is their waste and recycling their prod- tana. Yet, until recently, there were no ucts, and thank goodness I have got supposed to be regulating the securi- requirements that the mining compa- hundreds of them in my district, ties industry and the accounting indus- nies pay for the notion of cleaning up Microsoft being one. Why do we have to try, and that is who he represented. As after themselves. have Microsoft have to pay for some a result, we have had no effective, That is how companies like W.R. other corporation that is not following meaningful reform in the last 6 months Grace, who have been in the news for the law, that is dumping this stuff in of this horrendous predation on Amer- years with its notorious activities, the ground? So we are defending the ican investors. Yet the President has were able to walk away from the site corporations who are good neighbors not stood up for American values, he without being held responsible. Yet, and good community members against has stood up and allowed the special in- last month, the administration issued the perditions of those who are not, terests to dominate his administration a rule that would make filling our wa- and George Bush is in league with to the degradation and damage of the terways with waste from hard rock those corporations that want to violate American investors. mining mountaintop removal legal. the law and dump this stuff in the So this is a consistent pattern where Now, think about this for a moment: ground, and we think that is just ab- corporations, not all of them, but some giving a grant of authority from the surd and that is the best, most gracious of them, who have acted against the administration to the mining industry language I can use. laws, have dominated his decision- to legalize this notion of where they Mr. BLUMENAUER. Mr. Speaker, I making. And this is just another exam- are just stripping away mountaintops appreciate the distinction because in ple of how an administration has gone and shoving it into streams to gain ac- the Northwest we have seen a signifi- off course. We hope he restores that cess to seams of coal. cant increase in environmental con- and rethinks through this pattern of As if the Superfund law and the sciousness, worked with programs like his. Clean Air Act were not enough, we The Natural Step. We are seeing mod- With that, I would like to thank the have here a direct opportunity on the els of corporate responsibility where gentleman for an opportunity to join part of the administration to overturn people are trying to reduce their foot- him this evening. important provisions of the Clean print on the landscape, and we are see- Mr. BLUMENAUER. Mr. Speaker, I Water Act, all of this to protect an ex- ing many small- and medium-sized appreciate the gentleman’s thoughts traordinarily destructive mining prac- businesses and consulting firms that and observations and the leadership tice. These companies have already are emerging that are practicing sus- the gentleman has provided, particu- buried over 800 miles of rivers and tainable business models. larly in chairing for the minority the streams in West Virginia and Ken- The approach that is being taken Subcommittee on Forests and Forest tucky, all with the permission of the here, shifting this onto the general Health of the Committee on Resources. Army Corps of Engineers. But until fund, means that instead of identifying The gentleman has had an opportunity this rule change goes through, it is sources of pollution historically, it is to train a searchlight on some of the still illegal for the Corps to allow going to put a greater burden on indi- practices that those who would not waste from mining to be dumped in our viduals and corporations who are actu- place quite the same premium on the Nation’s waterways. ally doing an outstanding job. In some environment would have. The gen- Why? Why would the administration, cases, it is in effect taxing them twice tleman has also provided leadership in instead of changing the Corps’ practice because they pay their share plus the pushing back on the notion of aban- to make them obey the law, why have share of people who are evading respon- doning the roadless rule, where we had, they decided instead to change the law sibilities. what, almost 2 million comments in to make these actions legal? Think support of this important protection. about the types of harmful fill we are b 1915 Mr. INSLEE. Just one more com- talking about dumping into wildlife Mr. INSLEE. If I may add, the other ment, if I may, and I thank the gen- habitat and communities’ drinking thing that is frankly disturbing to a tleman for his compliments, I always supplies. Hard rock mining waste in- lot of my constituents, is that this is accept those, but 96 percent of the cludes construction and demolition de- just one more of a litany of these Americans who commented on this bris. People have found coal ash waste,

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.127 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4415 old tires, car parts, and discarded ap- it is well-known and accepted now that b 1930 pliances. They also often contain par- children suffering from exposure to We have had over 300 million acres ticularly dangerous toxic chemicals, lead can have serious brain damage, de- already burned this year. For compari- such as cyanide, arsenic, and sulfuric creased IQ scores, slow growth, and son purposes, that is more than twice acid. cause hearing problems in infants or what we have had over the last 10 years Mr. Speaker, this is serious business. young children. on average, and we are only halfway We are approaching the 130th anniver- We have serious problems with mer- through this fire season. There are ap- sary of the mining law of 1872, as I cury on these Superfund sites that can proximately 10,000 men and women cur- mentioned, signed into effect by Presi- cause brain and kidney damage and rently fighting the fires throughout dent Ulysses S. Grant, essentially un- pose a high risk for adverse neuro- the West. It has been important enough changed. We should be talking about logical development of fetuses. These for the President and a number of gov- how to make this outdated law strong- are some of the hazards that we face ernors to be involved with touring. We er. We should not be taking an oppor- with over 1,200 toxic waste sites on the have been watching homes being lost. tunity to roll back provisions of the Superfund national priority list. To date we have had nearly 1,500 homes Clean Water Act that are here to pro- Congress should not be undercutting across the West and over 35,000 resi- tect public health and the environ- the polluter-pays principle and walking dents have been evacuated. I would ment. away from its financial responsibility. hope that this would be another area We are already giving the mining in- Some of these sites have been on the where we might be able to assess what dustry public lands and minerals for list for more than a decade. Last year, has happened and draw the appropriate 19th century recording prices. We are in a report requested by Congress, Re- environmental conclusions and lessons, not requiring that these corporations, sources for the Future calculated that particularly since we are facing what is often foreign-owned, that are extract- implementing the Superfund program likely to be the worst fire season in ing this mineral wealth, give a portion for the current decade is going to cost memory. of it back in the form of a tax or roy- us from $14 billion to $16.5 billion. Now It is important that these cata- alty to American taxpayers to put in is not the time to walk away from the strophic fires serve as a wake-up call, our Treasury. And now we are allowing financing. not senseless recrimination, attacking. them to blow off the tops of mountains, I mentioned that it was, I felt, unfor- In some cases we have even seen people bulldoze them away to bury rivers and tunate that Congress allowed the cor- trying to blame this on environmental- streams. porate tax that funded the Superfund ists, incredible as it sounds. This is an I would strongly suggest that instead to expire in 1995 and that the adminis- opportunity for us to reflect on the of facilitating this type of behavior, it tration has no plans to work with us to transformation of our natural systems is important that we provide more cor- reinstate this tax. It has been that of forest and even astrospheric chem- porate responsibility, provide more en- combination of funding that enabled us istry dealing with global warming. We vironmental protection, and we make to clean up more than 800 toxic waste need to have a cultural shift to a more sure that we are protecting the herit- sites in communities across the coun- conservative approach, respecting the age that God has given this country. try. During the last 5 years, we were fragility of these systems and our de- It is frustrating that we have not averaging about 87 sites per year. Last pendence upon them. We need to stop been able to give people the type of un- year, in its first year, the Bush admin- this curious blame game. derstanding of what is at stake. Re- istration found that the pace of clean- It is not, by any stretch of the imagi- member, as I mentioned earlier, one in up was down 45 percent. In 2 years, the nation, the environmentalists who four Americans lives within 4 miles of administration expects to reduce the caused the drought. It is not the envi- a Superfund site. Now, these sites are pace of cleanups by more than 50 per- ronmentalists who have had a policy hazardous waste, often abandoned cent more, along with shifting the re- for the last 50 years of instantly sup- warehouses, landfills and mines, and 85 sponsibility for the cleanup. pressing any fire anywhere so that percent of all Superfund sites have con- Now, we have seen, as a consequence, what we have done is we have stopped taminated groundwater. Research sug- that the administration has gone to the periodic fires that have swept gests that there is a markedly in- the General Fund for $634 million in through the forests of the West. We creased risk for birth defects when 2001. It is proposing $700 million this have seen the number of trees and women live close to Superfund sites next year. When we had the Superfund other flammable material expand dra- early in pregnancy. in place that was funded by the tax, matically, and it has been actually A few of the hazardous chemicals the General Fund only assumed about compounded by logging practices that that people are discovering on these 18 percent of the program costs. Next have opened up many of these forests sites include arsenic. We had a great year, if the President’s proposals are and removed the most mature trees, deal of debate earlier in this Congress adopted, they will be paying 54 percent trees that are the most fire resistant, as the administration proposed rolling of the associated costs, and soon, in the and leave the tinder behind. And it was back protections on arsenic in the next year or two, the entire cost. interesting 2 years ago when we went drinking water. Well, that frankly blew Mr. Speaker, I find that to be unac- through this cycle, we found that the up, and the administration did retreat ceptable. We need to not be abandoning areas that had been the most heavily because the public knows arsenic in the the principle of polluter-pays. We logged were the ones that had the drinking water is not a positive devel- ought not to be putting more pressure worst forest fires. opment. It is known to cause cancer of on the beleaguered General Fund. We This current fire season will be the the lungs, bladder, and skin. It is also ought not to be cutting the pace of worst in the past half century, and I linked to cancer of the liver, kidney, Superfund cleanup. After more than 20 am hopeful that we will be able as a colon, even nasal passages; and to a va- years, if anything, we should be redou- Congress, we will be able as a country riety of noncancerous health effects, bling our efforts in providing this revi- to take a step back and face the hard including heart disease, diabetes, ad- talization. We have, today, opportunity questions about current forest manage- verse effects to the immune system, after opportunity to take a step back ment policies, funding for various wild- lungs, gastrointestinal tract, and and to do what the American public fire management programs, and look at thickening and discoloration of the wants us to do, which is more invest- the Federal role in protecting State, skin. ment in areas that is going to protect Federal, and private land and, yes, Lead is another serious area of pollu- the environment. take a hard look at the land uses that tion that can damage almost every Another critical area that we are we are permitting and encouraging in organ and system in the human body, having a great deal of discussion about this area. especially the immune and reproduc- on the floor of this Congress and in our We need to return to ecology 101. tive system, and can cause heart dis- committees deals with the situation we Small ground fires that once regulated ease and kidney damage. It is particu- see in forest fires that have been raging the vegetation in our great western larly damaging to the central nervous across the West. In recent days, we woods need to be returned to the ecosystem, especially for children, where have had 22 large fires in seven States. system. The brush and small trees that

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.128 pfrm12 PsN: H09PT1 H4416 CONGRESSIONAL RECORD — HOUSE July 9, 2002 would burn while older larger trees sur- Since 1970, over 2.8 million housing er disasters, including fires, in the vive were part of a natural process that units have been constructed along this 1990s was more than five times the made the forest healthier. We need to forest fringe and out into the forest number of these disasters for the 1950s. recognize that a century of aggressive land. The total now is over 5 million And the damages, the costs that were fire suppression has rendered western dwelling units. If population growth incurred by governments, by insurance, forests susceptible to these massive continues at current rates, and we con- were more than 10 times as high ad- conflagrations that cost us billions of tinue to have the ex-urban housing de- justed for inflation than in the 1950s. dollars annually and that much of the velopment and we have resort develop- We have seen in the last year of the cost and the agony can be attributed to ment, there will be an additional 2.4 previous decade 47 events, more than structure protection for homes that are million housing units in the next 30 double the average for the 1980s. Well, in the forested fringe. years, approaching 9 million in all. the United States, with less than 5 per- There is a lot of talk these days As staggering as these numbers are, cent of the world’s population, is play- about the wild land-urban interface. It they only represent primary residence. ing a huge role in greenhouse gas con- is a serious question, Mr. Speaker, be- They do not include tens of thousands tributions. We produce approximately cause we have in this interface between of residences that are second and sea- five times our per capita contribution. the developed areas on formerly unde- sonal and vacation homes, particularly We as Americans know that we can veloped forest land, it is putting people near resort towns. We are seeing the do better. I sincerely hope that the ad- in direct contact with what earlier had consequences of unplanned growth and ministration will work with concerned been a healthy natural phenomenon of development. Some may call it sprawl people on both sides of the aisle to not wildfires that have just rushed or dumb growth when it occurs in and abandon the principle of ‘‘polluter pay’’ through. We found that people have a around suburban areas; but the facts and make sure that Superfund cleanup difficult time accepting the reality. A are we are seeing it leak out in the is the priority that the American pub- recent survey in the Arizona Republic countryside, and we are going to be pe- lic wants, to deal with the abuse of the showed that people in this wild land- nalizing the taxpayer, costing money mining industry, hardrock mining in urban interface have an attitude that, to extend services, penalizing the tax- particular, to not make it easier for well, they know that it is risky, but I payer for fighting fires, for example, them to have assaults on the environ- think I will take my chances because it where it is going to be exceedingly ex- ment, to fill miles of streams and val- is not that risky. Of course it is not pensive and difficult to solve in the fu- leys in violation of current law, that just their chance. They will not bear ture. instead encourage, indeed mandate, the costs alone when the worst sce- The final area of concern that I have that the industry clean up after itself, nario plays out. Since 1985, wildfires that I wanted to talk about this that we deal with the current realities have burned over 10,000 homes. evening deals with the way the global of this urban-rural interface that has I see my good friend Mr. TANCREDO climate change has the potential of ac- created such a problem with forest fire from Colorado in the Chamber. My un- celerating and compounding these dif- protection. And last, but by no means derstanding is that there will be a mil- ficulties. Now the unprecedented least, that we deal with national lead- lion people in the foreseeable future in drought that we have seen in the West, ership for global climate change. Colorado who will be located under cur- we have seen in Wyoming, it is the Next month the United States will rent policies in areas that are heavily worst in 100 years. We are seeing it join with over 100 other nations in the forested, putting them in harm’s way throughout the eastern seaboard in environmental summit in Johannes- and giving us a very difficult choice places like metropolitan Atlanta where burg. Mr. Speaker, this would be an ex- about allowing the fires to burn on, we are not used to thinking about cellent opportunity for the United risking people’s homes and lives, or drought conditions. States, if the administration cannot making some changes to deal with a This is merely a preview of what we abide by the Kyoto Protocols, which more rational approach. It is not ap- can expect if we are going to continue ironically even some large businesses propriate for us to continue to put to have the effects of global climate are stepping up and agreeing to meet thousands of men and women in harm’s change, as droughts are going to be those targets, at least we are obligated way needlessly, and in some cases contributing to concerns about wildfire to have our plan, our approach, and it there are bizarre situations that are a vulnerability. Unusually dry winters would be a perfect time for the admin- result of human activity on formerly and hot summers increase the likeli- istration to reverse its position, come wild forest areas. hood, and we are going to make it more forward with a leadership approach to We had in Fort Windgate, New Mex- and more difficult to contend with make sure that these problems of glob- ico, firefighters having to stay away multiple challenges across the country. al climate change, storm events, and from certain areas because there were I find it ironic that the President will wildfires, are not going to be worse as explosions of unexploded ordnance be- tour the fire sites in Arizona, but real- a result of our stewardship, but instead neath the surface of the public land in ly does not have anything in the way of would be better. areas that had been used for target a plan for American leadership when it practice. We had this a couple of years comes to mounting a plan to deal with f ago in Storm King State Park in New global climate change which might b 1945 York where firefighters were out fight- forestall or minimize this very serious ITEMS OF CONCERN TO AMERICA ing a blaze and all of a sudden explo- problem in the future. sions started to occur. This was a re- It is research from our own federally The SPEAKER pro tempore (Mr. sult of shelling from cadets from West funded studies that have shown that KENNEDY of Minnesota). Under the Point. climate change is going to have a dra- Speaker’s announced policy of January Well, it is not just these unusual sit- matic increase in the areas burned and 3, 2001, the gentleman from Colorado uations that deal with unexploded ord- the number of potentially catastrophic (Mr. TANCREDO) is recognized for 60 nance in military activities. We have fires, in fact, more than doubling the minutes. to have a comprehensive approach to losses in some regions. And the Mr. TANCREDO. Mr. Speaker, I rise how we are going to permit activities changes are going to occur despite de- tonight to bring to the attention of my into the forest land, who is going to ployment of fire suppression resources colleagues a number of issues. I have bear the risk, what we can do to mini- at the highest levels, implying that the listened, as I have been sitting here mize that in terms of if we are not change is going to precipitate an in- preparing my notes, to the previous going to prohibit it outright, to regu- crease in both fire suppression costs speaker, and there are many concerns late where it is, building materials, and economic loss due to just wild fires that he expresses that I certainly what is happening in terms of land- alone. share. scaping. In too much of the West, peo- And it is not just wild fires that are Before I get into the main part of my ple have just turned their back on their a concern dealing with the change in comments, I do just want to make one responsibility, creating serious, serious greenhouse gasses and global climate. statement regarding the issue of problems. Worldwide, the number of great weath- wildfires and their cause, the reason

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.130 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4417 for the severe nature of the fires we are burns. They have all worked perfectly was living near a forest. I am not say- having in my State and the others well. It does help create a more natural ing that has not happened. Nothing I around the West. environment. am aware of recently. None of the I certainly agree with the gentleman It also helps stop the spread of cata- major fires were started by people who from Oregon (Mr. BLUMENAUER) when strophic fires like the one we are hav- happened to live in or near the forests. he says that what has contributed to ing. I have seen it with my own eyes in Unfortunately, the two most horren- this condition in our Nation’s forests Colorado, in the forests we are now dous fires we have burning or have just has been 100 years of fire suppression dealing with, with the firings we are brought under control in the United philosophy. The idea that we had to try now dealing with, where we have al- States, one in Colorado and one in Ari- to put out every fire that started in our lowed for a controlled burn. The zona, were started by Forest Service forests has undoubtedly been a wrong- Hayman fire, which is the one that has personnel. In Colorado, the lady that headed approach. We recognize now consumed 150,000 acres, you can actu- started the fire apparently, apparently that fires, of course, can be healthy. I ally see where it has come up against started the fire, I should say, is a For- say ‘‘can be,’’ because it is not nec- what was called the Polhemus burn, est Service employee directly. The gen- essarily the case. It is not always the which was a controlled burn, come up tleman in Arizona who apparently case that every type of fire that you against that area, and essentially started this fire is someone who is em- have is a ‘‘healthy’’ phenomenon. stopped because there was not the fuel ployed by the Forest Service to go in There are certain kinds of fires that to have it continue. and help the Forest Service fight fires. are enormously destructive, not just in We can manage the forests by con- He is a smoke jumper and he wanted to the terms that we naturally think of trolled burns. We can also manage the essentially be employed, so he started when we hear of a wildfire, but there forests by thinning, by going in and ac- this fire thinking I will get the job; I are certainly other aspects of it. So not tually taking out a lot of this under- can go in and fight the fire. It got away allowing for a natural process to occur, brush, by cutting down trees, yes, I am from him, and 500,000 acres burned constantly getting in there and trying saying it, cutting down trees, espe- down. An area actually now larger to stop all fires, is not good, and I cially the trees with the small circum- than the size of Los Angeles has burned agree. ference, and a lot of the underbrush in Arizona. Now the question becomes one of how that has been so problematic in these So this idea that you have got people to deal with it. Is it to simply ignore fires. We can do this. living on or near the land and therefore the fact that we have forests in the Na- There are ways to manage forests, we have these big problems, that is tion that have accumulated up to 400 not to stop all fires, but to make the really not it. Yes, there are homes that tons, 400 tons per acre, of fuels, when fires that do occur a product of or man- are destroyed, and it is true and hor- the average amount, what we would ifestation of that healthy ecosystem. It rible, but the people who have chosen call a healthy natural forest, is around is this area, this point of conflict, that to live there take that kind of risk and 10 tons per acre? Is it to simply ignore we find ourselves in with our friends in pay insurance premiums that reflect that, leave it, and say because we do the environmental community, espe- that, for the most part. not like the idea that mankind, that cially the more radical elements of Anyway, I just wanted to talk about governments have attempted to inter- that community, who have stopped that. There are many other issues, but vene in this process, and that has been every single attempt on the part of the that was not the main purpose of my problematic, is it to suggest that we government to try and manage the for- coming to the floor tonight. have no role to play? ests, of the Forest Service to try to I did want tonight to reflect upon an- I would state categorically that it is manage those forests, and, as a matter other speaker who had the hour before just the opposite. Now that we know of fact, were successful in stopping the the gentleman from Oregon, and this what the problem is, now that we have Forest Service from doing any sort of was my dear friend and colleague, the some sense of what has contributed to thinning right in the middle of the area gentleman from Texas (Mr. PAUL), a this enormous problem, then what we we now call the Hayman fire. gentleman whom, by the way, I respect need to do as a government and as a A year-and-a-half ago the Forest enormously and whose opinions and at- public policy is to try to address it, and Service proposed to go in there and titudes I believe are incredibly pro- it is not to ignore it. It is not to pre- thin parts of that area, to clean out found and need to be heard. The gen- tend that the potential for these cata- that kind of underbrush. The environ- tleman from Texas (Mr. PAUL) is a de- strophic fires does not exist and to sim- mentalist community filed appeals. vout libertarian who has in many, ply walk away from the forests and the They worked for a year-and-a-half with many cases and many, many times, I management thereof to some other them to try to come to some resolution think, been a lone voice for a variety of kind of bucolic world in which, after all of their concerns. When the Forest different causes here and a perspective of the forests in the United States have Service thought the concerns were that is not heard often enough. burned to the ground, in a couple of met, they went ahead to start the proc- Of course, there are certain aspects hundred years they will all be back in ess. What do you think happened? of his presentation, of his discussion a more natural and pristine state. That Guess what? The environmentalists tonight, with which I must disagree, is essentially what our environ- went in there and filed the appeal especially in terms of what our respon- mentalist friends are asking us to do. again, stopped the process again. That sibility is as a Nation to defend our- However, we do have options. We do was a year-and-a-half ago, and, of selves against the war that we are now have alternatives. What we have course, now that issue is moot, irrele- involved in and whether or not we can learned is that you can actually now vant, because that part of the forest, argue about the purpose of the war, I reduce the catastrophic kind of fires along with another 150,000 acres, are should say the genesis of it. But I do that we are experiencing in the West simply pieces of charcoal. not think we can argue about the fact by management, by enlightened forest So we can do a lot to mitigate the that we are in one. management. Part of that is what we disastrous effects of the fire. As for the The question that I think this House call controlled burning, where we go to wildlife wildland-urban interface, that must always deal with, and I commend the area, the Forest Service goes into a is problematic. We can also control my colleague, the gentleman from particular area and does in fact burn a that. There are zoning laws we can Texas (Mr. PAUL), for being such an ar- lot of the underbrush and burn those adopt and, in many, many cases, have ticulate defender of the fact or the fuels in an area and in a way that they already. It is not the fault of an Amer- idea, the philosophy, that we must can contain it so it does not, hopefully, ican who wants to live near a forest or never surrender individual freedom and get out of control. It has happened in in the forest area. It is not their fault liberty in the pursuit of ultimate secu- the past, Los Alamos is a horrible ex- that we have fires or that the fires are rity. I certainly agree with that, that ample, but, for the most part, it does catastrophic. that is a terribly difficult balance that not happen that it gets out of control. To this point, we have not had a fire we are asked to try and maintain here We have in fact over the years had hun- in Colorado, of which I am aware, actu- in this Congress. And the issue is to dreds, if not thousands, of controlled ally, that was started because someone what extent does this government have

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.132 pfrm12 PsN: H09PT1 H4418 CONGRESSIONAL RECORD — HOUSE July 9, 2002 a responsibility to actually try to de- think we should be condemned for that Now, I have been fighting illegal im- fend itself against the threat that we, I or called myopic or xenophobic or anti- migration for as long as I have served, think, that we now face, and what are individual freedom. It is the least that and have been privileged to serve, in the measures that we can legitimately our citizens can expect of us, to defend this body; and that is why I feel so take to defend ourselves, considering them, so that they can be free to prac- strongly that the gentleman from Colo- the nature of our opponent, our enemy. tice their religion and their political rado (Mr. TANCREDO) is playing a role That is really the ultimate debate we philosophies and their individual ways that is just indispensable to the secu- are having. What is the nature of the of life. rity of our country, because he is car- fight we are in? Is it just against this b 2000 rying much of this load on his own small band of terrorists who have, as shoulders. we have been told, hijacked a par- I see that I am joined tonight by the But I have been especially concerned ticular religious philosophy? And, if so, gentleman from California (Mr. ROHR- over the years about the security risks if it is just against a small band? ABACHER) and another colleague whom that illegal aliens pose to our country. Maybe we can name them al Qaeda. If I will introduce in just a moment. I am We do not need to just make this fun- that is it, if that is our only war, I glad that they are here. I will gladly damentalist Muslims, because I happen would agree with my colleague, the yield to my colleague. to believe that there are a lot of fun- gentleman from Texas (Mr. PAUL), that Mr. ROHRABACHER. Mr. Speaker, damentalist Christians and fundamen- the steps presently taken, the steps we first and foremost, I would like for the talist Jews that say crazy things about have taken up to this point in time, record and for anyone who is observing other people’s religions, and there are may have been overreaction, because it this presentation this evening, to un- radicals who would murder people in is a relatively small group and we can derstand the pivotal role that the gen- every faith. We must make sure that identify who they are by name, we can tleman from Colorado (Mr. TANCREDO) we are opposed to any of this type of go after them wherever they are, find is playing in this battle for our Na- radicalism, and it should be denied ac- them, arrest them, kill them, if that is tion’s security in terms of the fight cess to the United States of America. If the only alternative. against illegal immigration. you have a radical Christian or a rad- But I believe that that is not the na- Now, I may or may not agree with ical Buddhist or a radical Communist ture of the battle or of the enemy that the gentleman about the nature of the or a radical Hebrew or a radical Mus- we face. I believe it is much broader terrorist threat to the United States; I lim, any one of those who are willing than that. I believe it is in fact fun- tend to think that there are many, to kill other people because of their damentalist Islam that we are fighting many Muslims throughout the world faith, should not be permitted in the tonight, today, yesterday, and will be who are as much against terrorism as United States of America, period. fighting for many years to come. It is we are, standing right here in this body Well, since 245(i), which was an am- something far larger than this small today, and that they are horrified that nesty for illegal aliens, was proposed in group of people. the bin Ladens of the world are being 1996, I have talked myself hoarse about Tonight, maybe, during this discus- presented to the American people and why this was such a grave matter to sion we will have the opportunity to go to others as spokesmen for Islam. They our national security. Mr. Speaker, through this at greater length, to de- are just horrified by this. 245(i), as we know, permits people who termine what exactly it is then our Na- But to the degree that there is a are in this country illegally not to tion should do, if we are faced with threat there, what is important is what have to go back to their home coun- that broader, more broadly defined the gentleman from Colorado has been tries in order to readjust their status enemy. One of the things I believe we doing to make sure that we focus on a so that they could in some way be here must absolutely do is to work to con- major vulnerability of our country, legally. In the past, if someone is here trol our borders. which is the fact that our government illegally, they have to go back before It is incumbent upon us, it is incum- is not concerned about the sanctity of they can adjust their status. bent upon us because we call ourselves our immigration system and the secu- Well, others in this body have openly a Nation State, because we believe our- rity of our borders, so that the people scoffed, saying that 245(i) is about, selves to be a sovereign Nation. We of the United States of America are what they claim, is about uniting fami- claim that, and I believe we are, I be- being made vulnerable every day in lies, or fairness, or economics, or any- lieve we are separate and distinct from many ways; economically, but also in thing else than what it is. the other nations of the world. terms of their own personal safety, as Mr. Speaker, 245(i), which is an am- I believe that becoming an American well as the safety of our government nesty for those people who are here il- citizen, for instance, means more and and our institutions, by a massive flow legally so they do not have to go home should mean more than simply cross- of illegal immigration into the United to adjust their status, they can do it ing a line, simply stepping over a States of America. here, is an invitation to criminals and boundary. I believe there are all kinds The gentleman from Colorado has terrorists and anyone else who would of things that are incumbent upon an taken it upon himself to try to mobi- overstay their visa to come to this individual when they become a citizen lize public opinion and mobilize the country and break our laws. It is an in- of this country, and I believe that opinion of Members of this body so vitation for everyone who comes here there are people in this world, there that the public, as well as this body, on a visa to overstay their visa be- are, in fact, far too many people in this will understand the great risk we are cause, after all, now that they are here world, that would destroy this Nation, putting ourselves in by not controlling in the United States, and they can be everything we stand for, everything we the flow of illegal immigrants into our adjusted. And while 245(i), which we believe in, and physically destroy us, country. It is a risk that has economic put into place, was supposedly a lim- not just our philosophy, but all of us ramifications, which the gentleman ited right of these people who are here living here. from Colorado has time and again illegally to adjust their status, it has I believe that that is the nature of talked about, and about how the stand- had already horrible impacts on the the fight we are in, and I believe that ard of living of the average working safety of our people. there are many things we need to do. person has been going down; and yet, of Now, the 245(i) amnesty for illegal Among them is to actually secure our course, we have the ownership class in aliens has claimed the first victims own borders. It is to say to the world America who seems to be able to take that can be officially proven to be the that we have a right, a responsibility, advantage of cheap labor. victims of the action of 245(i) by this to defend ourselves. Part of that may We have also heard from the gen- Congress, and it is a very prominent be to seek out our enemies in Afghani- tleman from Colorado about the crimi- case. The INS Congressional Relations stan and in Iraq and in the Philippines nal elements that are coming into our Office confirmed to my office that the or wherever they may be hiding. But it country; and now the gentleman from Egyptian gunman who killed two peo- is also to defend our own borders from Colorado is also warning us about the ple at the El Al counter in Los Angeles those who would come across for the potential terrorist implications to not Airport, at LAX, on July 4, was in this purpose of doing us harm. And I do not having control over our borders. country only due to a 245(i) amnesty.

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.134 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4419 That is that Hesham Mohamed here, if they are here illegally, the rea- INS, although they finally confirmed it Hadayet, an Egyptian citizen, a man son we want them deported back to this evening, right before I came up who apparently either was part of a their home country to check them out here, the INS was being very nebulous terrorist system which we do not know, is because that is where the records and it was like, oh, well, they did not he may not have been, but we do know are. That is where all the authorities want to admit that this was it. that he lost his composure or perhaps in those countries know in their coun- How many people around the country he did it intentionally, but he went to try who has been arrested for unstable are going to hear this? As the gen- LAX and murdered two people, two in- behavior. Maybe this man was not a tleman says, how many newspapers are nocent people. Muslim extremist. He may have just going to report that? I am very grate- Think about this. Mr. Hadayet, and I been a very disturbed person. ful, and I thank the gentleman very do not know if that is the way you pro- Well, guess what? We do not want a much for noting that it took a lot of nounce his name, who was due to be de- very disturbed person in this country hard work for us to do this. ported, became a resident of this coun- who is here illegally either. And if Con- I would just hope that those people try due to a 245(i) amnesty. What a gress should pass another extension of who want to extend 245(i) go down and travesty. 245(i), which is, of course, what we were take a look at the blood on the floor of Now, this is a case that we can docu- being pressured to do, and let me add the LAX airport before they do. Take a ment. I would contend that there are that the vote that they were leading up look at the picture of those poor people probably many other cases in this to, and there is enormous pressure on who were murdered by this either fa- country where people have been brutal- us to pass 245(i), that vote was sup- natic or unstable foreigner who was ized or murdered or raped or robbed, or posed to be on what day? 9–11. here illegally, whom we could have that you have someone who imposes a If those people would not have flown sent back, but instead, we kept, be- terrorist threat in our country because those planes into the World Trade Cen- cause our colleagues have bought into of this, but this one we can document. ter, if those terrorists would not have this idea that it is in some way a posi- If we had deported him, those two peo- slaughtered thousands of Americans up tive thing to permit this loophole to ple there at LAX, those beautiful there in New York, this body would exist. young people, may be alive today, have been in session and we would have b 2015 would certainly be alive today, and been voting for 245(i) that would permit their families and their friends would these types of threats to our security By the way, if there are another have been saved this enormous grief. and to the personal safety of our people 300,000 people who now the INS has to Estimates from the INS and others to remain in the United States. Had process because of 245(i), let us remem- are literally several hundred thousand, Congress passed 245(i), there would ber that the INS is already 3 million by the way, in terms of how many ille- probably be, and we estimate, another cases behind in processing people who gal aliens have already applied for and 300,000 illegal aliens permitted to stay already have made their application. received legal permanent status here and to start to legalize their citi- Why are we adding to their work in through 245(i). So let us make that zenship status and their immigration processing these applications, and clear. Hundreds of thousands of people while they are doing it, permitting have received their permanent resident status. Mr. TANCREDO. Mr. Speaker, re- these people who are here illegally to status, even though they were in this claiming my time for just a minute, stay here in this country? country illegally at the time, because the gentleman makes a very inter- If there is a backlog of 3 million peo- of 245(i). ple, it is going to take them years to Now I might add just for the record esting and, I think, dramatic point work and to try to find or go over ev- that the gentleman from California here, something I did not know, something that I think a majority of Ameri- eryone’s case like this, and now we are (Mr. BERMAN), my good friend and col- just adding more and more people who league, the two of us debated this issue cans did not know. And I will guar- are able to stay here without the seri- out. I was claiming at the time that antee my colleagues this: What my col- ous background check that they would hundreds of thousands of people would league has just stated about the status seek to utilize this loophole if Congress of the gentleman who was here and get if they were sent home because passed the 245(i) extension. The gen- killed those two people at El Al, that they were here in this country illegally. tleman from California (Mr. BERMAN) fact, I would be willing to bet anyone emphatically stated that it would only dinner and anything else, would never, With the July 4 attack, we knew that be 30,000, he could never imagine more ever, ever have come out had it not we were in a horrible situation. We than 30,000 or so people claiming this, been for the dogged determination of must take a look at 245(i) and the en- and this was his official estimate by the gentleman from California (Mr. tire immigration policy of this country some, of course, source that either did ROHRABACHER). after this attack on July 4, but we not know what they were talking about These are the things that we hear should have been doing this after Sep- or were intentionally misleading the about, but the INS will never admit to. tember 11, as well. Mr. TANCREDO. Mr. Speaker, abso- gentleman from California (Mr. BER- And I hope to see, but I wonder if to- MAN). morrow morning we will see on the lutely. Here is the thing: we are now 10 But I remember him saying, if you front page of every newspaper in this months past 9–11. We can talk about have over that many people apply, I country and on every talk show in the the errors we have made in the Con- will buy you dinner. Well, I say to the country this fact, the fact that my col- gress in the past and the errors this gentleman, I am ready for dinner. I am league has just pointed out to us; and I government has made in the past in ready for dinner. And I want the gen- will bet again, if it is brought up at all, the crazy-quilt patchwork type of im- tleman to know that I will not mention it will probably be buried, except for migration policy that we have been over dinner the death of those two poor the very few parts of the media that dealing with here for years, and we can people at the El Al counter at LAX, behave a tendency to support our point of affix blame there, and rightly so. cause they can be traced right back to view on this. But would the gentleman not think that 245(i), and there are not just a few Mr. ROHRABACHER. Mr. Speaker, if that subsequent to 9–11, subsequent to thousand people who applied, there are the gentleman will yield, the gen- that horrible event, we would have hundreds of thousands, and it is a gi- tleman is precisely correct. My staff, done something to correct this action, gantic loophole that we do not need to when this happened, noticed that there to say, okay, we have made mistakes open wider, we need to stop that loop- was a discrepancy about why this per- and we recognize it? hole. We need to plug it so we do not son was actually in the country after But not only have we not done any- have any more maniacs in our midst he had been given deportation notices. thing significant to correct it, but an who might have been deported; at least I talked to them about it and, frankly, interesting article that I came across they would not have been here. Who several of my staff members worked just the other day said that, since 9–11, knows. very diligently to find this information we have given out over 50,000 visas to I had a person from the INS tell me out. Rick Dykema, who is my chief of people from countries on the terrorist that the reason why we want them staff, headed the investigation; and the watch list. This is not just people from

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.136 pfrm12 PsN: H09PT1 H4420 CONGRESSIONAL RECORD — HOUSE July 9, 2002 countries that are kind of on the suses and other reports made, because procedures, and the INS encourages fringe; these are people from the coun- we spend a lot of money doing this. If these presentations. tries on the terrorist watch list. We we will just look at a few statistics. What about meals? Detainees under have given out 50,000 visas since then. For example, the latest census of 2000 the INS standards must be served at It is still the case that if people live tells us that approximately 8.7 million least two hot meals a day. Any sack in Saudi Arabia and want to come to people are undocumented illegal aliens meal shall contain at least two sand- the United States they do not have to living in this country. That is about 1 wiches per meal, which at least one go see an actual counselor; they can million more than most people esti- must be nonmeat and one must be put it in a drop-box. They can get the mated was going to show up in the re- meat, and that must be nonpork, and visa. No one interviews them. This is port. they must also include one piece of coming from Saudi Arabia, a country According to those figures, we are fresh fruit and a dessert item. that we already know many people having about 700,000 a year illegal im- I was recently told that in my home- have come from who have done hor- migrants entering this country. If that town in Hall County, Georgia, we could rible, horrible things to the United translates down to 1,918 per day, 80 per not use the local detention facility States. hour, and approximately one per which houses all other detainees sim- Mr. ROHRABACHER. Mr. Speaker, as minute, in other words, since 9–11, we ply because that facility serves a cold the gentleman knows, all 19 of those are approaching a half a million illegal breakfast and a balogna sandwich for people who flew the planes into our immigrants who have entered this lunch, and that was just not good buildings and murdered our people country and virtually nothing is being enough for the housing of people who were Saudi citizens. I think there are done about it. are illegally in this country. some people in Saudi Arabia who are Let me share some other things. As Mr. Speaker, if the gentleman tells friends of the United States and allies the gentleman has already alluded to, me that it is all right to detain our of the United States, but we have to the 19 terrorists in the 9–11 attack all neighbor who has a traffic violation or take a look at what is going on in had Social Security cards, all had So- a bad-check charge, or even our chil- Saudi Arabia. We have to protect our- cial Security numbers. In fact, 13 of dren in the school lunch program who selves, to make sure that we just do them obtained Social Security cards do eat balogna sandwiches and are not have an open door, because they legally. In that regard, a recent report sometimes served cold breakfasts, and it is not good enough for those who are have not cleaned up their own house. was issued by the Inspector General of illegally in this country, but it is good They have not put their own house in the Social Security Administration in enough for American citizens, let us order. Thus, they have made it unsafe. which he said that one in every 12 for- How many other countries are like eigners receiving new Social Security get real about this. What about telephone access? We that? numbers have done so using false docu- have all heard the proverbial, I am en- Mr. TANCREDO. Reclaiming some of ments. He indicated in his report that titled to my telephone call. If one is an my time, I want to say that the gen- preliminary results show that some illegal alien in this country, let me tell tleman from California (Mr. ROHR- 100,000 Social Security numbers were the gentleman what they are entitled ABACHER) has been enormously flat- wrongly issued to noncitizens in the to about telephone calls. They cannot, tering in his description of my efforts, year 2000. first of all, be placed in a detention fa- He goes on to say that even before 9– and I sincerely appreciate it. But I also cility unless they have unlimited ac- 11, that he had been recommending know that long before I came to this cess to telephones; and they cannot be that the Social Security agency check Congress, there were people here labor- limited, except if they do attempt to its records with the INS before issuing ing in this vineyard, and the gentleman limit the time, it can be no less than 20 Social Security cards, and had received is one. minutes. I want to tell the gentleman how no support and cooperation from Social They have also required, the INS has much I appreciate what he has done in Security. Since that time, Social Secu- required, their telephone service pro- this area. It is by circumstance and rity has agreed with that recommenda- vider to program the telephone system event and whatever that I ended up in tion, but still is having difficulty co- to permit detainee calls to numbers on the position of being the spokesman for ordinating records. We, of course, have the pro bono legal representation list, our caucus, but it is only because of tried to pass legislation previously to and permits them to use debit cards to work like the gentleman has done and deal with that issue. make the calls. Now, that is not the another colleague I will introduce right Let me deal with another subject. same privileges that are entitled to now that we have the ability to actu- Speaking of ironic situations, I have Americans who are detained in our de- ally bring, I think, some sanity to this discovered in my research and in my tention facilities. discussion. It is because they have been talking with local INS agents that one They also say that if one is a normal here for some time, and they have been of the reasons we are having difficulty detainee, one has to make all long dis- really and truly pressing this issue. deporting illegals is that a lot of times tance calls, and they have to be collect. Now, of course, it is on everybody’s we do not have any detention facilities Not so if one is an illegal alien. They plate. It is on everybody’s top list of to keep them until we can process are entitled to use a debit card. I am things to be concerned about. Why? them for deportation. told by one that even the detention fa- Only because of horrendous events. One of the major reasons is we can- cility may have to have international They should have been listening to my not use many of our jails where we are telephone access to meet the require- colleagues a long time ago. housing American citizens for criminal ments. Mr. Speaker, I yield to the gentleman activity. They do not comply with the I know that we all recall some of the from Georgia (Mr. DEAL). INS detention standards. The INS has debates that surrounded the 1996 Immi- Mr. DEAL of Georgia. Mr. Speaker, I adopted detention standards that do gration Reform Act. We are in the thank the gentleman for his leadership, not correspond with the American Cor- process of looking at that act again, as the gentleman from California (Mr. rectional Association standards. Now, trying to clarify some things. One of ROHRABACHER) has already expressed, these are the standards that are used in the issues was what is a deportable of- for leadership on the Immigration Re- over 21,000 detention facilities all fense. Generally, it was considered to form Caucus. across our country, but the INS says be certain felonies that are of an aggra- I would like to take a few minutes to they are not good enough. vated nature. share more information. I think the in- Let me give the gentleman just a few For example, just to have a DUI is formation just brought forward by the examples. Non-English speaking de- not enough to get one deported. Let me gentleman from California (Mr. ROHR- tainees must be provided with more read from a letter from a local judge in ABACHER) is certainly pertinent to the than just simple access to a set of my hometown. This is what he said: issue of the 245(i) matter that is still English language law books. They ‘‘Last week I sentenced a gentleman pending before this Congress. must also be allowed to have presen- on his fourth DUI committed in the Mr. Speaker, we should learn some tations made by outside groups inform- last 2 years. This gentleman is an ille- things when we have studies and cen- ing them of U.S. immigration laws and gal immigrant. I directed the probation

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.138 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4421 department to contact INS in an at- President of the United States asking instead of giving hundreds of thousands tempt to prevent further violations in him to please augment the forces that of dollars to medical benefits to illegal Hall County.’’ He goes on to say that we presently have on the border, the immigrants, that they should be sent that was not enough to get him de- Border Patrol people that are so, right home to their own countries for med- ported. now, inundated. They are so overrun, ical benefits. There was one man in my He also makes reference to local outgunned, outmanned by the people district who received over $300,000 gang activity. I might just say within they are trying to keep out of this worth of medical treatment. He had the last months we have had two drive- country that they are in desperate leukemia. Now, I am sorry he had leu- by murders and gang-related activity shape. So we are asking the President kemia, but $300,000? What does that do in my community. to actually help us help them by put- for the amount of money that we have He goes on and summarizes. He says ting military on the border. Members available to take care of our own peo- that people who repeatedly drive drunk can go there and sign a petition. ple? and are known to be involved in gang I see that my colleague, the gen- Obviously, America has not been tak- activity are allowed to basically run tleman from California (Mr. ROHR- ing the steps necessary to secure our free, with no fear of prosecution, be- ABACHER), has something else he wants own borders. Obviously, the leaders in cause of the current INS policies. That to say. America are not putting the safety and is a real tragedy and a real shame. It b 2030 security and well-being of the Amer- needs to be corrected. Mr. ROHRABACHER. Mr. Speaker, I ican people first. Who is to care about How many DUIs does the gentleman would just like to reaffirm something America unless we do? think a person should have who is, first The gentleman from Colorado (Mr. we talked about earlier, and this is for of all, illegally in the country to begin TANCREDO) has been in the forefront of people who may have missed the begin- with? One is not enough to get them ning of this Special Order, that due to this type of patriotism, caring about deported, two is not enough, three is research from my office, we have dis- his country and watching out for our not enough, and in this case he cites an covered that the murderer who may people. I thank the gentleman very much for actual case where four DUIs is not well be a terrorist or may well be just letting me participate. enough to get him sent out of this a very disturbed man or may be a cold- Mr. TANCREDO. Mr. Speaker, I country. blooded murderer who is in this coun- thank the gentleman for joining us this I ask, where is MADD on this issue? try illegally, managed to stay in this evening. Where are those who say that we ought country through the use of the 245(i) The gentleman brought up several in- to get tough on drunk driving and the process, this is the murderer who killed teresting points, not the least of which other things that disrupt communities those people on July 4 at LAX. So we is the cost of illegal immigration, the and endanger the safety and lives of have confirmed officially for the first cost to the country. There are a whole our local citizens? time at least, these are known victims host of ramifications of illegal immi- I commend the gentleman, and I will of the 245(i). conclude with this comment. It is a This is outrageous. And hopefully by gration into the country. People do not comment that was presented to our re- exposing this, it should wake up some like talking about any of them. But form caucus by a senior INS special of our colleagues to just how serious it there is an enormous economic cost to agent. I think he says it very well is to not regain control of our borders illegal immigration, and it far out- when he says this: ‘‘The first laws that which are just totally out of control. weighs the amount of money that is aliens entering the United States en- And, number two, hopefully this will contributed, quote/unquote, to the counter are those laws that the INS is alert our fellow colleagues to the dan- American society by the taxes that supposed to enforce. When the INS fails ger of the 245(i) reform, which they call many of these people pay. to effectively, consistently, and fairly it, which is a gigantic loophole which It is true that if they come here and enforce these laws, we are sending a permits people who should be deported they work and they are working for very dangerous message to aliens seek- or should not be in this country be- wages that can be taxed, that is to say ing to enter the United States. In ef- cause they are here illegally, to stay in they are not working under the fect, we are telling them that not only this country and adjust their status counter, just being paid under the can they expect to get away with vio- here in the country rather than having table, they will pay some sort of tax, lating our laws, they can anticipate to go back to their native country. and they pay a tax on the things they being rewarded for violating our laws.’’ Had this man who came from Egypt buy. But the reality is that for the I think he says it very well. been forced to return to his country as most part 90-some percent of the people Mr. TANCREDO. Mr. Speaker, I was the law without 245(i), those two who are here and especially who are thank the gentleman. Although the people who were murdered on July 4 at here illegally have the lowest-paying gentleman did say it very well, it was LAX at the El Al counter would be jobs. They are low-skilled people who, made even more profound, I think, and alive today. And this grief that we therefore, of course are employed at a more articulate by the gentleman’s brought upon their families is the grief marginal level. They pay relatively lit- brilliant analysis. I do sincerely appre- that can be brought upon any Amer- tle, if anything, number one, in income ciate the gentleman coming down this ican family. tax and certainly not all that much evening. We just heard from our colleague of even in the sales tax because their pur- The gentleman points out several someone having four DUIs. What does chasing power is relatively low. We do ironic, would be one way to describe that mean? That person was driving, not gain a tremendous amount of rev- them, or infuriating is another way to that person was a threat to killing our enue from the people who come here describe these situations, these events, families on the street. Now, why are we and are working illegally. But we do these things with which we are now permitting people who are in this coun- gain a tremendous amount of cost. dealing almost daily. It seems to me I try to pose a risk to the safety of our Recently Rice University estimated confront something like this all the people and the security of our country? that the undocumented aliens in the time where we hear something like this This is ridiculous. I would hope that United States cost taxpayers $24 billion and we say, How could this be? This those listening understand just how se- every single year. And by the way, in could not really be. For instance, four rious this issue is and demand that Arizona a Federal judge has just added DUIs, and he cannot be deported? Congress act on this, and watch what to that. To go on the list of incredible, We have constructed on our Web site Congress does, and, again, that people but true, things about immigration, let a list of things that we call ‘‘incredible pay attention to people like the gen- us add this one: right now 175 illegals but true,’’ and Members can go to that tleman from Colorado (Mr. TANCREDO), in Arizona are getting free kidney di- Web site, www.house.gov/Tancredo and who is offering tremendous leadership alysis treatments, free kidney dialysis. go to the immigration page on that on this issue and he has taken a lot of Many of them came across the border Web site, and Members will see these. personal hits. to obtain this service. If they wish, people are able to go to I can tell you years ago I was called Now, it was supposed to end on June that Web site and sign a petition to the a racist skinhead for suggesting that 30, but Judge Browning has extended

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.140 pfrm12 PsN: H09PT1 H4422 CONGRESSIONAL RECORD — HOUSE July 9, 2002 the benefits for five illegals who are greatly reduce or stop terrorism. We Mr. Speaker, again, I want to just ‘‘very ill.’’ Now the question we have could greatly reduce or stop illegal im- say that there has been an enormous to ask ourselves, how many people in migration. And with secure borders we amount of talk about the need to pro- our own districts, how many people could greatly reduce or stop the illegal tect the United States from future ter- who have been here all their lives, that drug traffic. And I know that several of rorist attacks. Unfortunately, there were born here, grandparents born us with the gentleman’s leadership has not been enough action, certainly here, that are citizens of the United have urged the administration to de- far more talk than action. Since 9–11, States, paid taxes all their lives, how ploy the military on our borders; and we are absolutely not one bit safer many of them can afford kidney dialy- we stand committed towards that end, today in this country. Our borders are sis or have it paid for or that were able either administratively or through leg- not one bit more secure than they were to have it paid for by the State? And islation. In particular, the southern at the time that the terrorists flew the yet people who can come into this and northern borders of the United planes into the buildings here in the country illegally, take advantage of States are porous. United States and killed 3,000 of our our system, take advantage of our Canada and Mexico are still not citizens. That is an unacceptable posi- laws, can receive this treatment? It is doing an adequate job of screening the tion to be in for the Members of this not fair. I am sorry for them that they immigrant traffic and cargo in and out body. For the administration to ignore need the treatment. How much can we of their countries. Aside from obvi- the security of our borders as one as- possibly afford, is the question? How ously being dangerous to the welfare of pect of this war that we are fighting, is much can we afford? And why should citizens in this country, the porousness irresponsible to say the least. And all I we be doing it for people who are not of our borders adds an unacceptable can hope is that they will heed the ad- citizens? burden on our already overworked bor- vice of the colleagues that joined me There are a lot of people who would der patrol. tonight, especially the President, in The Immigration and Naturalization suggest that in reality there is nothing putting troops on the borders, that is Service is struggling to meet the de- different from being just here phys- the number one thing, and the rest of mands of new threats, and it is in ur- ically in this country and being here as the Members of this body to tighten up gent need of the support of our mili- a citizen. But I suggest to you that our immigration policy. tary. Congress is working to give the there is an enormous amount of dif- administration greater authority to f ference, and we should not ignore it. Another colleague who has joined me use the military on our borders. As the LEAVE OF ABSENCE this evening, another member of our gentleman noted, the House adopted an By unanimous consent, leave of ab- Immigration Reform Caucus and an- amendment to the defense authoriza- sence was granted to: tion bill that would allow the Depart- other member who, long before I came Mr. HASTINGS of Florida (at the re- ment of Justice, if requested by the to the Congress, has been laboring in quest of Mr. GEPHARDT) for today and INS or the Customs Service, to utilize this vineyard and bringing to the at- the balance of the week on account of troops on our borders. This legislation tention of the American people con- a family illness. would allow the direct involvement of cerns about illegal immigration, my Mr. HOLT (at the request of Mr. GEP- the military in assisting Customs and colleague from Virginia (Mr. GOODE). HARDT) for today on account of a fam- Mr. GOODE. Mr. Speaker, I want to our border patrol in preventing the ily emergency. coming into this country of terrorists, thank the gentleman from Colorado Mr. UNDERWOOD (at the request of drug traffickers, and illegal aliens. (Mr. TANCREDO). First, I want to thank Mr. GEPHARDT) for today on account of If we really want to make our home- him for his tireless effort on behalf of a typhoon in Guam. land secure, we have got to do more reining in the huge problem of illegal Mr. WALSH (at the request of Mr. than reorganize homeland security. immigration in this country. I also ARMEY) for today on account of attend- That is a good positive step. And we ing a funeral. want to thank the Congressman from have taken other good and positive Georgia for pointing out the situation steps, but to have our borders secure f where four drunk driving convictions we needs troops; and that will have a SPECIAL ORDERS GRANTED are insufficient for deportation. I three-fold purpose of stopping illegal By unanimous consent, permission to would also like to thank the Congress- drugs, stopping illegal immigration, man from California (Mr. ROHR- address the House, following the legis- and stopping terrorists. And, again, I lative program and any special orders ABACHER) for pointing out the back- want to thank the gentleman for his ground of the killer of the three per- heretofore entered, was granted to: tireless efforts on behalf of this. The following Members (at the re- sons at Los Angeles Airport on July 4. Mr. TANCREDO. Mr. Speaker, I sin- He mentioned one cost and this gen- quest of Mr. HOYER) to revise and ex- cerely appreciate it. tend their remarks and include extra- tleman has mentioned one cost, and The gentleman from Virginia (Mr. neous material: that is the free medical treatment that GOODE) has been also enormously help- illegal immigrants impose on the Mrs. THURMAN, for 5 minutes, today. ful as a member of our committee and Mr. ROSS, for 5 minutes, today. United States. a person to whom I turn often for ad- Mr. FILNER, for 5 minutes, today. I was just reading a letter from an- vice and consultation. It is important I Mr. DEFAZIO, for 5 minutes, today. other Member of Congress in a Dear think that we should point out that it Mr. PALLONE, for 5 minutes, today. Colleague about a cost of a million dol- was the amendments of the gentleman Ms. NORTON, for 5 minutes, today. lars for treating immigrants in the from Virginia (Mr. GOODE) to the de- Ms. KAPTUR, for 5 minutes, today. State of Florida. In Patrick County, an fense authorization bill that did, in Ms. JACKSON-LEE of Texas, for 5 min- illegal immigrant ran a citizen off the fact, provide, if it is passed by the utes, today. road in an automobile accident. That other body, signed into law, it will pro- Mr. BROWN of Ohio, for 5 minutes, citizen had to go to Baptist Hospital in vide the President with that authoriza- today. North Carolina, was in a coma, and the tion. And I sincerely hope that it is re- Mr. GEORGE MILLER of California, for young man is still not recovered. And tained by the Senate. 5 minutes, today. this treatment of him has been going This would not be the first time we Mr. SCHIFF, for 5 minutes, today. on and that is a tangent cost. It is not have passed that resolution, and every Mr. MCDERMOTT, for 5 minutes, a direct cost, but it has long surpassed time we have done so in the past the today. the resources of that family. Senate has chosen to simply ignore it. Mr. LEWIS of Georgia, for 5 minutes, I also wanted to talk this evening a This is, I hope, a change as a result of today. few minutes about the need for troops all of the events of the last several The following Members (at the re- on our borders. This past week we cele- months. The last 10 months really quest of Mr. THUNE) to revise and ex- brated Independence Day. And I think would help the Members of the other tend their remarks and include extra- one of the best birthday presents this body understand the need for doing neous material: Nation could have would be secure bor- this and certainly would help the Mr. JONES of North Carolina, for 5 ders. With secure borders we could President also. minutes, today and July 10.

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K09JY7.142 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4423 Mr. DUNCAN, for 5 minutes, today and 7771. A letter from the Under Secretary, 7783. A letter from the Secretary/Chief Ad- July 10. Department of Defense, transmitting a letter ministrative Officer, Postal Rate Commis- Ms. ROS-LEHTINEN for 5 minutes, regarding the ongoing evaluation of all test sion, transmitting a report pursuant to the today. programs for transportation of household Federal Vacancies Reform Act of 1998; to the goods for members of the Armed Forces and Committee on Government Reform. Mr. THUNE, for 5 minutes, today. the status of the report containing the re- 7784. A letter from the Deputy Assistant f sults of this evaluation; to the Committee on Secretary, Fish and Wildlife and Parks, De- Armed Services. partment of the Interior, transmitting the SENATE ENROLLED BILL SIGNED 7772. A letter from the Director, Defense Department’s final rule — Special Regula- The SPEAKER announced his signa- Procurement, Department of Defense, trans- tions; Areas of the National Park System: ture to an enrolled bill of the Senate of mitting the Department’s final rule — De- Delay of Effective Date (RIN: 1024-AC82) re- the following title: fense Federal Acquisition Regulation Sup- ceived June 14, 2002, pursuant to 5 U.S.C. plement; Caribbean Basin Country End Prod- 801(a)(1)(A); to the Committee on Resources. S. 2594. To authorize the Secretary of the ucts [DFARS Case 2000-D302] received June 7785. A letter from the Assistant Secretary Treasury to purchase silver on the open mar- 17, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to for Land and Minerals Management, Depart- ket when the silver stockpile is depleted, to the Committee on Armed Services. ment of the Interior, transmitting a draft be used to mint coins. 7773. A letter from the Director, Office of bill to provide authority to the Secretary of f Management and Budget, transmitting a re- the Interior to grant easements or rights-of port on the Cost Estimate For Pay-As-You- way for energy-related projects on the Outer b 2045 Go Calculations; to the Committee on the Continental Shelf (OCS); to the Committee ADJOURNMENT Budget. on Resources. 7774. A letter from the Assistant Secretary, 7786. A letter from the Deputy Secretary, Mr. TANCREDO. Mr. Speaker, I move Department of Education, transmitting Department of Commerce, transmitting a that the House do now adjourn. Final Priority —— Burn Model Systems copy of the administration’s draft bill enti- The motion was agreed to; accord- (BMS) Projects, a Burn Data Center (BDC), tled, ‘‘United States Patent and Trademark ingly (at 8 o’clock and 45 minutes and for a Traumatic Brain Injury Model Sys- Office Reauthorization Act, Fiscal Year tems (TBIMS) Program, pursuant to 20 p.m.), the House adjourned until to- 2003’’ together with a sectional analysis and U.S.C. 1232(f); to the Committee on Edu- a statement of purpose and need; to the Com- morrow, Wednesday, July 10, 2002, at 10 cation and the Workforce. a.m. mittee on the Judiciary. 7775. A letter from the Acting Adminis- 7787. A letter from the Regulations Officer, f trator Energy Information Administration, Department of Transportation, transmitting Department of Energy, transmitting the De- the Department’s final rule — Administra- EXECUTIVE COMMUNICATIONS, partment’s report entitled, ‘‘Uranium Indus- tion of Engineering and Design Related Serv- try Annual 2001,’’ pursuant to 42 U.S.C. ETC. ices Contracts [FHWA Docket No. FHWA-98- 2296b—5; to the Committee on Energy and Under clause 8 of rule XII, executive 4350] (RIN: 2125-AE45) received June 17, 2002, Commerce. communications were taken from the 7776. A letter from the Regulations Coordi- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Speaker’s table and referred as follows: nator, Department of Health and Human mittee on Transportation and Infrastruc- Services, transmitting the Department’s ture. 7765. A letter from the Administrator, De- 7788. A letter from the Regulations Officer, final rule — Medicaid Program; Medicaid partment of Agriculture, transmitting the FMCSA, Department of Transportation, Department’s final rule — Lamb Promotion, Managed Care [CMS-2001-F4] (RIN: 0938-AL83) received June 13, 2002, pursuant to 5 U.S.C. transmitting the Department’s final rule — Research, and Information Program: Rules Certification of Safety Auditors, Safety In- and Regulations [No. LS-02-05] received June 801(a)(1)(A); to the Committee on Energy and Commerce. vestigators, and Safety Inspectors; Delay of 17, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Effective Date [Docket No. FMCSA-2001- the Committee on Agriculture. 7777. A letter from the Director, Regula- tions Policy and Management Staff, Depart- 11060] (RIN: 2126-AA64) received June 17, 2002, 7766. A letter from the Under Secretary, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Food, Nutrition, and Consumer Services, De- ment of Health and Human Services, transmitting the Department’s final rule — State mittee on Transportation and Infrastruc- partment of Agriculture, transmitting the ture. Department’s final rule — Food Stamp Pro- Certification of Mammography Facilities [Docket No. 99N-4578] (RIN: 0910-AB98) re- 7789. A letter from the Deputy Adminis- gram: Work Provisions of the Personal Re- trator, General Services Administration, sponsibility and Work Opportunity Rec- ceived June 17, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and transmitting an informational copy of a Re- onciliation Act of 1996 and Food Stamp Pro- port of Building Project Survey for Char- visions of the Balanced Budget Act 1997 Commerce. 7778. A letter from the Secretary, Depart- lotte, NC, pursuant to 40 U.S.C. 606(a); to the (RIN: 0584-AC45) received July 9, 2002, pursu- ment of Commerce, transmitting the fourth Committee on Transportation and Infra- ant to 5 U.S.C. 801(a)(1)(A); to the Committee annual report mandated by the International structure. on Agriculture. AntiBribery and Fair Competition Act of 7790. A letter from the Deputy Adminis- 7767. A letter from the Deputy Secretary, 1998; to the Committee on International Re- trator, General Services Administration, Department of Defense, transmitting a letter lations. transmitting informational copies of addi- on the approved retirement of Lieutenant 7779. A letter from the Assistant Secretary tional lease prospectuses that support the General William P. Tangney, United States for Legislative Affairs, Department of State, General Services Administration’s Fiscal Army, and his advancement to the grade of transmitting the Department’s final rule — Year 2003 Capital Investment and Leasing lieutenant general on the retired list; to the Bureau of Political-Military Affairs: Amend- Program, pursuant to 40 U.S.C. 606(a); to the Committee on Armed Services. ment to the List of Proscribed Destinations Committee on Transportation and Infra- 7768. A letter from the Director, Defense — received June 14, 2002, pursuant to 5 U.S.C. structure. Procurement, Department of Defense, trans- 801(a)(1)(A); to the Committee on Inter- 7791. A letter from the Chief, Regulations mitting the Department’s final rule — De- national Relations. Unit, Internal Revenue Service, transmitting fense Federal Acquisition Regulation Sup- 7780. A letter from the Chief Counsel (For- the Service’s final rule — Request for Com- plement; Tax Exemptions (Italy)[DFARS eign Assets Control), Department of the ments on Phased Retirement [Notice 2002-43] Case 2000-D027] received June 17, 2002, pursu- Treasury, transmitting the Department’s received June 17, 2002, pursuant to 5 U.S.C. ant to 5 U.S.C. 801(a)(1)(A); to the Committee final rule — Rules Governing Availability of 801(a)(1)(A); to the Committee on Ways and on Armed Services. Information — received June 17, 2002, pursu- Means. 7769. A letter from the Director, Defense ant to 5 U.S.C. 801(a)(1)(A); to the Committee 7792. A letter from the Regulations Officer, Procurement, Department of Defense, trans- on Government Reform. Social Security Administration, transmit- mitting the Department’s final rule — De- 7781. A letter from the Secretary, Depart- ting the Administration’s final rule — Sup- fense Federal Acquisition Regulation Sup- ment of Education, transmitting the twenty- plemental Security Income; Disclosure of In- plement; Veterans Employment Emphasis sixth Semiannual Report to Congress on formation to Consumer Reporting Agencies [DFARS Case 97-D314] received June 17, 2002, Audit Follow-Up in compliance with the In- and Overpayment Recovery Through Admin- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- spector General Act Amendments of 1988, istrative Offset Against Federal Payments mittee on Armed Services. pursuant to 5 app.; to the Committee on Gov- (RIN: 0960-AF31) received May 7, 2002, pursu- 7770. A letter from the Director, Defense ernment Reform. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Procurement, Department of Defense, trans- 7782. A letter from the Administrator, Gen- on Ways and Means. mitting the Department’s final rule — De- eral Services Administration, transmitting a 7793. A letter from the Secretary, Depart- fense Federal Acquisition Regulation Sup- semiannual report on Office of Inspector ment of Energy, transmitting the semi-an- plement; Memorandum of Understanding- General auditing activity, together with a nual report regarding programs for the pro- Switzerland [DFARS Case 2001-D019] received report providing management’s perspective tection, control and accounting of fissile ma- June 17, 2002, pursuant to 5 U.S.C. on the implementation status of audit rec- terials in the countries of the former Soviet 801(a)(1)(A); to the Committee on Armed ommendations, pursuant to 5 app.; to the Union, pursuant to Public Law 104—106, sec- Services. Committee on Government Reform. tion 3131(b) (110 Stat. 617); jointly to the

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Committees on Armed Services and Inter- pany Accounting Oversight Board, to en- Mr. FROST, Mr. STARK, Mr. CONYERS, national Relations. hance the standard setting process for ac- Mr. HOLT, Mr. LANTOS, Mr. DEUTSCH, 7794. A letter from the Board Members, counting practices, to strengthen the inde- Mr. BALDACCI, Ms. LEE, and Mr. Railroad Retirement Board, transmitting pendence of firms that audit public compa- DEFAZIO): the 2002 annual report on the financial status nies, to increase corporate responsibility and H.R. 5078. A bill to increase the number of of the railroad unemployment insurance sys- the usefulness of corporate financial disclo- well-trained mental health service profes- tem, pursuant to 45 U.S.C. 369; jointly to the sure, to protect the objectivity and inde- sionals (including those based in schools) Committees on Ways and Means and Trans- pendence of securities analysts, to improve providing clinical mental health care to chil- portation and Infrastructure. Securities and Exchange Commission re- dren and adolescents, and for other purposes; 7795. A letter from the Board Members, sources and oversight, and for other pur- to the Committee on Energy and Commerce, Railroad Retirement Board, transmitting a poses; to the Committee on Financial Serv- and in addition to the Committee on Ways report on the actuarial status of the railroad ices. and Means, for a period to be subsequently retirement system, pursuant to 45 U.S.C. By Mr. SCHIFF (for himself, Mr. CON- determined by the Speaker, in each case for 231f—1; jointly to the Committees on Ways YERS, and Mr. FRANK): consideration of such provisions as fall with- and Means and Transportation and Infra- H.R. 5071. A bill to authorize the President in the jurisdiction of the committee con- structure. to establish military tribunals to try the ter- cerned. 7796. A letter from the Chairman, Federal rorists responsible for the September 11, 2001 By Mr. PALLONE (for himself, Mr. Election Commission, transmitting the Com- attacks against the United States, and for LYNCH, Mr. BROWN of Ohio, Mrs. MINK mission’s FY 2003 budget request, pursuant other purposes; to the Committee on Armed of Hawaii, Mr. BONIOR, Mr. WEXLER, to 2 U.S.C. 437d(d)(1); jointly to the Commit- Services, and in addition to the Committee Mr. MCGOVERN, Mr. FORD, Ms. tees on House Administration, Appropria- on the Judiciary, for a period to be subse- MCKINNEY, Mr. HINCHEY, Mrs. DAVIS tions, and Government Reform. quently determined by the Speaker, in each of California, Mr. HALL of Ohio, Mr. case for consideration of such provisions as SANDERS, Ms. SOLIS, Mr. KILDEE, and f fall within the jurisdiction of the committee Mr. ENGEL): REPORTS OF COMMITTEES ON concerned. H.R. 5079. A bill to amend the Federal PUBLIC BILLS AND RESOLUTIONS By Mr. MCKEON (for himself and Mr. Water Pollution Control Act to improve the BOEHNER): enforcement and compliance programs; to Under clause 2 of rule XIII, reports of H.R. 5072. A bill to make technical amend- the Committee on Transportation and Infra- committees were delivered to the Clerk ments to the Higher Education Act of 1965 structure. for printing and reference to the proper incorporating the results of the Fed Up Ini- By Mr. FRELINGHUYSEN (for himself, calendar, as follows: tiative; to the Committee on Education and Mr. HOLT, Mr. SAXTON, Mr. FER- GUSON, Mr. MENENDEZ, Mr. ANDREWS, Mr. HANSEN: Committee on Resources. the Workforce. Mr. LOBIONDO, Mr. PASCRELL, Mr. House Concurrent Resolution 425. Resolution By Mr. BACA (for himself, Mr. SMITH of New Jersey, Mr. PALLONE, calling for the full appropriation of the State SERRANO, Mr. OWENS, Mr. MCGOVERN, Mr. ROTHMAN, Mrs. ROUKEMA, and and tribal shares of the Abandoned Mine Mr. RODRIGUEZ, Mr. UNDERWOOD, Mr. Mr. PAYNE): Reclamation Fund (Rept. 107–556). Referred PASTOR, and Mr. LEACH): H.R. 5073. A bill to enhance the security H.R. 5080. A bill to establish the Crossroads to the House Calendar. and efficiency of the immigration, visa, bor- of the American Revolution National Herit- Mr. REYNOLDS: Committee on Rules. der patrol, and naturalization functions of age Area in the State of New Jersey, and for House Resolution 472. Resolution providing the United States Government; to the Com- other purposes; to the Committee on Re- for consideration of the bill (H.R. 4635) to mittee on the Judiciary. sources. amend title 49, United States Code, to estab- By Mr. BARCIA (for himself, Mr. By Mr. RADANOVICH (for himself, Mr. lish a program for Federal flight deck offi- UDALL of Colorado, Mr. HALL of CANNON, Mr. HASTINGS of Wash- cers, and for other purposes (Rept. 107–557). Texas, Mr. WEINER, Mr. HONDA, Ms. ington, Mr. JONES of North Carolina, Referred to the House Calendar. RIVERS, Mr. LARSON of Connecticut, Mr. OTTER, Mr. SIMPSON, and Mr. Mr. DIAZ-BALART: Committee on Rules. Mr. ISRAEL, Mr. MATHESON, Ms. WALDEN of Oregon): House Resolution 473. Resolution providing WOOLSEY, Mr. BACA, Ms. EDDIE BER- H.R. 5081. A bill to provide full funding for for consideration of the bill (H.R. 2486) to au- NICE JOHNSON of Texas, Mr. the payment in lieu of taxes program for the thorize the National Weather Service to con- COSTELLO, and Ms. LOFGREN): next five fiscal years, to protect local juris- duct research and development, training, and H.R. 5074. A bill to authorize appropria- dictions against the loss of property tax rev- outreach activities relating to tropical cy- tions for the National Institute of Standards enues when private lands are acquired by a clone inland forecasting improvement, and and Technology for fiscal years 2003, 2004, Federal land management agency, and for for other purposes (Rept. 107–558). Referred and 2005, and for other purposes; to the Com- other purposes; to the Committee on Re- to the House Calendar. mittee on Science. sources, and in addition to the Committee on Mr. SESSIONS: Committee on Rules. By Mr. CANTOR (for himself, Mr. BOU- Agriculture, for a period to be subsequently House Resolution 474. Resolution providing CHER, Mrs. JO ANN DAVIS of Virginia, determined by the Speaker, in each case for for consideration of the bill (H.R. 2733) to au- Mr. FORBES, Mr. MORAN of Virginia, consideration of such provisions as fall with- thorize the National Institute of Standards and Mr. SCHROCK): in the jurisdiction of the committee con- and Technology to work with major manu- H.R. 5075. A bill to ensure continuity for cerned. facturing industries on an initiative of the design of the 5-cent coin, establish the By Mr. STRICKLAND (for himself, Mr. standards development and implementation Coin Design Advisory Committee, and for BERRY, Mr. NEY, Mr. TAYLOR of Mis- for electronic enterprise integration (Rept. other purposes; to the Committee on Finan- sissippi, Mr. BACA, and Mr. CARSON of 107–559). Referred to the House Calendar. cial Services. Oklahoma): Ms. PRYCE of Ohio: Committee on Rules. By Mr. KENNEDY of Rhode Island (for H.R. 5082. A bill to amend title 38, United House Resolution 475. Resolution providing himself, Mr. SCOTT, Mrs. NAPOLITANO, States Code, to suspend for five years the au- for consideration of the bill (H.R. 4687) to Ms. NORTON, Mr. MCDERMOTT, Mr. thority of the Secretary of Veterans Affairs provide for the establishment of investiga- FROST, Ms. MILLENDER-MCDONALD, to increase the copayment amount in effect tive teams to assess building performance Mrs. MEEK of Florida, Mrs. MINK of for medication furnished by the Secretary on and emergency response and evacuation pro- Hawaii, Ms. CARSON of Indiana, Mr. an outpatient basis for the treatment of non- cedures in the wake of any building failure SERRANO, Mr. GILMAN, Mr. OWENS, service-connected disabilities and to provide that has resulted in substantial loss of life or Mrs. DAVIS of California, Mr. PAYNE, an increase in the maximum annual rates of that posed significant potential of substan- Mr. CROWLEY, Ms. LEE, and Mr. WAX- pension payable to surviving spouses of vet- tial loss of life (Rept. 107–560). Referred to MAN): erans of a period of war, and for other pur- the House Calendar. H.R. 5076. A bill to amend part C of the In- poses; to the Committee on Veterans’ Af- f dividuals with Disabilities Education Act to fairs, and in addition to the Committee on improve early intervention programs for in- Energy and Commerce, for a period to be PUBLIC BILLS AND RESOLUTIONS fants and toddlers with disabilities, and for subsequently determined by the Speaker, in Under clause 2 of rule XII, public other purposes; to the Committee on Edu- each case for consideration of such provi- bills and resolutions of the following cation and the Workforce. sions as fall within the jurisdiction of the titles were introduced and severally re- By Mr. KENNEDY of Rhode Island: committee concerned. H.R. 5077. A bill to amend the Public By Mr. UDALL of New Mexico (for ferred, as follows: Health Sevice Act with respect to mental himself, Ms. ROYBAL-ALLARD, Mr. By Mr. LAFALCE (for himself, Mr. DIN- health services for elderly individuals; to the SERRANO, Mr. PASTOR, Mr. GONZALEZ, GELL, and Mr. GEPHARDT): Committee on Energy and Commerce. Mr. BACA, Mr. UNDERWOOD, Ms. H.R. 5070. A bill to improve quality and By Mr. KENNEDY of Rhode Island (for VELAZQUEZ, and Mr. MENENDEZ): transparency in financial reporting and inde- himself, Ms. ROS-LEHTINEN, Ms. KAP- H.R. 5083. A bill to designate the United pendent audits and accounting services for TUR, Mr. SERRANO, Ms. MILLENDER- States courthouse at South Federal Place in public companies, to create a Public Com- MCDONALD, Ms. RIVERS, Mr. OWENS, Santa Fe, New Mexico, as the ‘‘Santiago E.

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Campos United States Courthouse‘‘; to the H.R. 1596: Mrs. NORTHUP. Mr. TIAHRT, Mr. WELDON of Florida, and Mr. Committee on Transportation and Infra- H.R. 1598: Mr. HALL of Ohio. SESSIONS. structure. H.R. 1774: Mr. WOLF. H.R. 5035: Mr. ETHERIDGE. By Mr. PAYNE (for himself, Mr. H.R. 1862: Mr. KINGSTON and Mr. ISRAEL. H.R. 5047: Mr. CAPUANO. BLUMENAUER, Mr. BILIRAKIS, Ms. H.R. 1943: Mr. TURNER. H.J. Res. 81: Mr. LAHOOD, Mr. CANNON, and BERKLEY, Mr. BERMAN, Mr. H.R. 1956: Mr. ABERCROMBIE. Mr. GOODLATTE. BLAGOJEVICH, Mr. CROWLEY, Mr. H.R. 1983: Mrs. NORTHUP. H.J. Res. 98: Mrs. MINK of Hawaii. DOYLE, Ms. ESHOO, Mr. FOSSELLA, Mr. H.R. 2035: Mr. CONYERS. H. Con. Res. 197: Mr. JEFF MILLER of Flor- GILMAN, Mr. HINCHEY, Mr. KNOLLEN- H.R. 2290: Mr. TIBERI. ida and Mr. UDALL of New Mexico. BERG, Mr. LANTOS, Ms. LEE, Mrs. H.R. 2349: Mr. HOYER, Ms. HARMAN, Mr. H. Con. Res. 238: Mrs. CAPITO. MALONEY of New York, Mr. MCGOV- STRICKLAND, Mr. KANJORSKI, and Mr. MATHE- H. Con. Res. 320: Ms. ROS-LEHTINEN. ERN, Mr. MCNULTY, Mrs. MINK of Ha- SON. H. Con. Res. 352: Mrs. CUBIN. waii, Mr. PALLONE, Ms. ROS- H.R. 2483: Mr. KIND. H. Con. Res. 362: Mr. DAVIS of Illinois and LEHTINEN, Ms. ROYBAL-ALLARD, and H.R. 2550: Mr. DAVIS of Illinois. Mr. UNDERWOOD. Ms. WATERS): H.R. 2702: Mrs. THURMAN and Mr. SCOTT. H. Con. Res. 380: Mr. CLYBURN. H. Con. Res. 436. Concurrent resolution ex- H.R. 3183: Mr. GEKAS, Mr. LAHOOD, and Ms. H. Con. Res. 408: Mrs. DAVIS of California, pressing the sense of the Congress that the RIVERS. Mr. TOWNS, Mr. MCHUGH, and Mr. SERRANO. Parthenon Marbles should be returned to H.R. 3238: Mr. HASTINGS of Florida. H. Con. Res. 409: Mr. CONYERS, Mrs. Greece; to the Committee on International H.R. 3337: Mr. STENHOLM. MORELLA, and Mr. OSBORNE. Relations. H.R. 3491: Mr. BARR of Georgia, Mr. BACA, H. Con. Res. 423: Mr. PENCE. By Mr. WYNN (for himself, Ms. GRANG- and Mr. KENNEDY of Minnesota. H. Con. Res. 429: Ms. BROWN of Florida, Ms. ER, Mr. WEXLER, Mr. WHITFIELD, Mr. H.R. 3626: Mr. ANDREWS. CARSON of Indiana, Mr. FATTAH, Mrs. CLAY- HASTINGS of Florida, Mr. HOUGHTON, H.R. 3831: Mr. TERRY, Mr. SOUDER, Mr. TON, Mr. INSLEE, and Mr. SCOTT. H. Res. 295: Mr. PHELPS. Mr. FALEOMAVAEGA, Mr. PITTS, Mr. KIND, and Ms. ROS-LEHTINEN. H. Res. 393: Mr. HONDA, Mr. KLECZKA, Mrs. OXLEY, Mr. BERMAN, Mr. SKELTON, H.R. 3834: Mr. PASCRELL. TAUSCHER, and Mr. ISAKSON. Mr. NETHERCUTT, Mr. CRAMER, Mr. H.R. 3884: Mr. FILNER, Mr. THOMPSON of H. Res. 410: Ms. SLAUGHTER. DAVIS of Florida, Mrs. TAUSCHER, Mr. California, Ms. LOFGREN, and Mr. CROWLEY. H. Res. 469: Mr. ACKERMAN. BURTON of Indiana, and Mr. BEREU- H.R. 3912: Mr. LEWIS of Georgia. TER): H.R. 3973: Mr. RILEY. f H.R. 3974: Ms. EDDIE BERNICE JOHNSON of H. Con. Res. 437. Concurrent resolution rec- AMENDMENTS ognizing the Republic of Turkey for its co- Texas, Mr. COYNE, and Ms. MILLENDER- operation in the campaign against global MCDONALD. Under clause 8 of rule XVIII, pro- terrorism, for its commitment of forces and H.R. 4014: Mr. ENGEL, Mr. JENKINS, Mr. posed amendments were submitted as assistance to Operation Enduring Freedom BALDACCI, and Ms. HARMAN. follows: H.R. 4039: Mr. PASCRELL. and subsequent missions in Afghanistan, and H.R. 4635 for initiating important economic reforms to H.R. 4100: Mr. SERRANO, Ms. MILLENDER- build a stable and prosperous economy in MCDONALD, and Mr. KLECZKA. OFFERED BY: MR. BARTON OF TEXAS Turkey; to the Committee on International H.R. 4483: Mr. CHAMBLISS, Mr. GEKAS, and AMENDMENT NO. 2: Page 8, line 8, strike Relations. Mr. SMITH of New Jersey. ‘‘may’’ and insert ‘‘shall’’. By Mr. UDALL of New Mexico: H.R. 4620: Mr. DUNCAN, Mr. JONES of North Page 8, line 10, strike ‘‘a’’ and insert H. Res. 476. A resolution expressing the Carolina, and Mr. GILCHREST. ‘‘any’’. sense of the House of Representatives regard- H.R. 4643: Mr. LYNCH. Page 9, strike lines 3 through 9. ing several individuals who are being held as H.R. 4644: Mrs. CLAYTON, Mr. CLYBURN, Ms. Page 9, line 10, strike ‘‘(5)’’ and insert prisoners of conscience by the Chinese Gov- SLAUGHTER, and Mr. FOLEY. ‘‘(4)’’. H.R. 4665: Mr. BRADY of Pennslvania, Mr. ernment for their involvement in efforts to H.R. 4635 HORN, Mr. WOLF, Mr. LATOURETTE, Mr. end the Chinese occupation of Tibet; to the OFFERED BY: MR. BARTON OF TEXAS Committee on International Relations. CROWLEY, Ms. LEE, and Mr. MCDERMOTT. H.R. 4683: Mr. GILMAN and Mr. WEXLER. AMENDMENT NO. 3: Page 12, strike line 3 f H.R. 4693: Mr. BONILLA, Mr. LATHAM, and and all that follows through line 21 on page Mr. BAIRD. 13, and insert the following: ADDITIONAL SPONSORS H.R. 4720: Mr. STENHOLM. ‘‘(2) RISK-BENEFIT DETERMINATION DECI- Under clause 7 of rule XII, sponsors H.R. 4729: Mr. KENNEDY of Rhode Island. SION.—Before the last day of such 2-year pe- were added to public bills and resolu- H.R. 4730: Mr. FATTAH, Mr. STARK, Mr. riod, the President, in consultation with the tions as follows: BONIOR, and Mr. SNYDER. Under Secretary, shall determine whether H.R. 4760: Mr. GORDON, Ms. EDDIE BERNICE the security benefits of the Federal flight H.R. 68: Mrs. BIGGERT, Ms. MCCARTHY of JOHNSON of Texas, and Mr. FROST. deck officer pilot program outweigh the Missouri, Mr. FARR of California, Mr. DEAL H.R. 4778: Mr. STRICKLAND. risks of the program. of Georgia, Mr. WAMP, Mr. MURTHA, Mr. H.R. 4793: Mr. ACKERMAN, Mr. WYNN, Mr. ‘‘(3) TERMINATION OF PILOT PROGRAM.—If RUSH, Ms. CARSON of Indiana, Mr. FORD, and HALL of Texas, Ms. RIVERS, and Mr. GORDON. the President, in consultation with the Mr. AKIN. H.R. 4803: Mr. BROWN of Ohio, Ms. NORTON, Under Secretary, determines under para- H.R. 250: Mr. WATT of North Carolina. Ms. BROWN of Florida, and Mr. graph (2) that the risks outweigh the bene- H.R. 267: Mr. SCHROCK, Mr. CALVERT, Mrs. FALEOMAVAEGA. fits, the President shall sign a certification MYRICK, and Mrs. CLAYTON. H.R. 4832: Ms. SLAUGHTER. ordering the Under Secretary to publish a H.R. 356: Mr. LARSEN of Washington and H.R. 4833: Ms. SLAUGHTER and Mr. CROW- notice in the Federal Register terminating Mr. HILLEARY. LEY. the pilot program and explaining the reasons H.R. 425: Mr. DICKS. H.R. 4839: Mr. PASCRELL. for the decision to terminate. The Under H.R. 548: Mr. HILLEARY. H.R. 4840: Mr. THUNE. Secretary shall publish such notice and shall H.R. 822: Mr. ROHRABACHER. H.R. 4852: Mr. FOLEY. provide adequate notice of the decision to H.R. 953: Mr. WAXMAN. H.R. 4865: Mr. TOM DAVIS of Virginia and Federal flight deck officers and other indi- H.R. 967: Mr. REYNOLDS. Mr. VISCLOSKY. viduals as necessary. H.R. 1073: Mr. SCOTT. H.R. 4887: Mr. CARSON of Oklahoma. ‘‘(4) CONTINUATION OF PROGRAM.—If the H.R. 1090: Mr. LYNCH, Mr. DIAZ-BALART, H.R. 4888: Mr. BALDACCI and Mr. CROWLEY. President, in consultation with the Under Ms. BROWN of Florida, Mr. GREENWOOD, Mr. H.R. 4895: Mr. COOKSEY. Secretary, determines under paragraph (2) CAPUANO, Ms. SOLIS, and Mr. WELLER. H.R. 4922: Ms. MCKINNEY. that the benefits outweigh the risks, the H.R. 1184: Mr. EVANS, Ms. JACKSON-LEE of H.R. 4937: Mr. FORD, Mr. BARRETT, Mrs. President shall sign a certification ordering Texas, Mr. JEFFERSON, Mr. JOHN, Ms. KAP- MINK of Hawaii, Ms. DELAURO, and Ms. LEE. the Under Secretary to publish a notice in TUR, Mrs. KELLY, Mr. KENNEDY of Rhode Is- H.R. 4939: Mr. DOYLE. the Federal Register announcing the con- land, Mr. LATOURETTE, Mr. OBEY, Mr. REYES, H.R. 4951: Mrs. DAVIS of California, Ms. tinuation of the program. The Under Sec- Mr. SMITH of Washington, Mr. CROWLEY, Mr. CARSON of Indiana, Mr. LYNCH, Ms. LEE, Mr. retary shall publish such notice, continue SHIMKUS, Mr. DOYLE, Mr. PALLONE, Mr. BOR- PHELPS, Mrs. MINK of Hawaii, and Mr. SAND- the program in accordance with this section, SKI, Mr. WEXLER, Mr. MASCARA, and Mr. ERS. and may increase the number of Federal LEWIS of Georgia. H.R. 4965: Mr. BOOZMAN, Mr. LUCAS of Ken- flight deck officers participating in the pro- H.R. 1198: Mr. WAXMAN and Mr. GEKAS. tucky, Mr. HOSTETTLER, and Mr. HAYWORTH. gram. H.R. 1405: Ms. DEGETTE. H.R. 4972: Mr. BALDACCI. H.R. 4635 H.R. 1421: Mr. WU, Mr. KIRK, Ms. HARMAN, H.R. 5001: Mr. LYNCH, Mr. HASTINGS of Mr. UDALL of New Mexico, and Mr. STEARNS. Florida, and Ms. LEE. OFFERED BY: MR. CUNNINGHAM H.R. 1522: Mr. FATTAH. H.R. 5033: Mr. PETRI, Mr. HASTERT, Mrs. AMENDMENT NO. 4: Page 9, line 6, strike ‘‘2 H.R. 1556: Mr. EDWARDS. BONO, Mr. HASTINGS of Washington, Mr. ISSA, percent’’ and insert ‘‘25 percent’’.

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\L09JY7.100 pfrm12 PsN: H09PT1 H4426 CONGRESSIONAL RECORD — HOUSE July 9, 2002 H.R. 4635 ‘‘(B) Crew communication and coordina- in a Federal or State court arising out of the OFFERED BY: MR. DEFAZIO tion. acts or omissions of the air carrier’s training ‘‘(C) Appropriate responses to defend one- AMENDMENT NO. 5: Page 3, lines 8 and 9, instructors or cabin crew using reasonable strike ‘‘selecting, training,’’ and insert self, including hands on training, with rea- and necessary force in defending an aircraft ‘‘training’’. sonable and effective requirements on time of the air carrier against acts of criminal vi- Page 3, line 9, after ‘‘pilots’’ insert ‘‘who allotment providing competence and ensur- olence or air piracy. are qualified to be Federal flight deck offi- ing retention of skills in the following levels ‘‘(2) TRAINING INSTRUCTORS AND CABIN cers’’. of self-defense: CREW.—An air carrier’s training instructors Page 3, line 10, strike the semicolon and all ‘‘(i) Awareness, deterrence, and avoidance. or cabin crew shall not be liable for damages that follows through ‘‘first’’ on line 17. ‘‘(ii) Verbalization. in any action brought in a Federal or State Page 9, strike lines 3 through 9. ‘‘(iii) Empty hand control. court arising out of an act or omission of a Page 9, line 10, strike ‘‘(5)’’ and insert ‘‘(4). ‘‘(iv) Intermediate weapons and self-de- training instructor or a member of the cabin Page 12, line 21, strike the comma and in- fense techniques. crew regarding the defense of an aircraft sert ‘‘and’’. ‘‘(v) Deadly force. against acts of criminal violence or air pi- Page 12, line 23, strike the comma and all ‘‘(D) Use of protective devices assigned to racy unless the crew member is guilty of that follows through ‘‘program’’ on line 24. crewmembers (to the extent such devices are gross negligence or willful misconduct.’’. H.R. 4635 approved by the Administrator of the Fed- (c) CONFORMING AMENDMENTS.—Section eral Aviation Administration or Under Sec- OFFERED BY: MR. HORN 44918 of such title is further amended— retary). (1) in subsection (c)— AMENDMENT NO. 6: Page 15, strike line 12 ‘‘(E) Psychology of terrorists to cope with (A) by striking ‘‘issues the guidance’’ and and all that follows through line 4 on page 18 hijacker behavior and passenger responses. inserting ‘‘prescribes the requirements’’; and insert the following: ‘‘(F) Live situational simulation joint (B) by striking ‘‘that guidance’’ and insert- (a) AVIATION CREWMEMBER SELF-DEFENSE training exercises regarding various threat ing ‘‘those requirements’’; and DIVISION.—Subsections (a) and (b) of section conditions, including all of the elements re- 44918 of title 49, United States Code, are (C) by striking ‘‘guidance’’ the third place quired by this section. it appears; and amended to read as follows— ‘‘(G) Flight deck procedures or aircraft ma- ‘‘(a) IN GENERAL.— (2) in subsection (e) by striking ‘‘guidance neuvers to defend the aircraft. ‘‘(1) REQUIREMENTS FOR AIR CARRIERS.— issued’’ and inserting ‘‘requirements pre- ‘‘(2) PROGRAM ELEMENTS FOR INSTRUC- ‘‘(A) PRESCRIPTION.—Not later than 60 days scribed’’. TORS.—The requirements prescribed under after the date of enactment of the Arming (d) NONLETHAL WEAPONS FOR FLIGHT AT- subsection (a) shall contain program ele- Pilots Against Terrorism Act, the Under TENDANTS.— ments for instructors that include, at a min- Secretary of Transportation for Security (1) STUDY.—The Under Secretary of Trans- imum, the following: shall prescribe detailed requirements for an portation for Security shall conduct a study ‘‘(A) A certification program for the in- air carrier cabin crew training program, and to determine whether possession of a non- structors who will provide the training de- for the instructors of that program as de- lethal weapon by a member of an air car- scribed in paragraph (1). scribed in subsection (b) to prepare crew rier’s cabin crew would aid the flight deck ‘‘(B) A requirement that no training ses- members for potential threat conditions. crew in combating air piracy and criminal sion shall have fewer than 1 instructor for ‘‘(B) CONSULTATION.—In developing the re- violence on commercial airlines. every 12 students. quirements, the Under Secretary shall con- (2) REPORT.—Not later than 6 months after ‘‘(C) A requirement that air carriers pro- sult with appropriate law enforcement per- the date of enactment of this Act, the Under vide certain instructor information, includ- sonnel who have expertise in self-defense Secretary shall transmit to Congress a re- ing names and qualifications, to the Avia- training, security experts, terrorism experts, port on the study. tion Crew Member Self-Defense Division and representatives of air carriers and labor H.R. 4635 within 30 days after the requirements are organizations representing individuals em- prescribed under subsection (a). OFFERED BY: MR. HOSTETTLER ployed in commercial aviation. ‘‘(D) Training course curriculum lesson AMENDMENT NO. 7: Page 5, strike lines 18 ‘‘(2) AVIATION CREWMEMBER SELF-DEFENSE plans and performance objectives to be used through 21. DIVISION.— by instructors. Page 5, line 22, strike ‘‘(5)’’ and insert ‘‘(A) ESTABLISHMENT.—Not later than 60 ‘‘(E) Written training bulletins to reinforce ‘‘(4)’’. days after the date of enactment of this sub- course lessons and provide necessary pro- Page 6, line 1, strike ‘‘(6)’’ and insert ‘‘(5)’’. paragraph, the Under Secretary shall estab- gressive updates to instructors. lish an Aviation Crew Self-Defense Division H.R. 4635 ‘‘(3) RECURRENT TRAINING.—Each air carrier within the Transportation Security Adminis- OFFERED BY: MR. HOSTETTLER shall provide the training under the program tration. every 6 months after the completion of the AMENDMENT NO. 8: Page 9, strike lines 3 ‘‘(B) DUTIES.—The Division shall develop initial training. through 9 and insert the following: and administer the requirements described ‘‘(4) INITIAL TRAINING.—Air carriers shall ‘‘(4) TIME LIMITS.—Not later than 180 days in this section. provide the initial training under the pro- after the date of the enactment of this sec- ‘‘(C) DIRECTOR.— gram within 24 months of the date of enact- tion, 20 percent of all pilots who volunteer to ‘‘(i) APPOINTMENT.—The Under Secretary ment of the Arming Pilots Against Ter- participate in the program within 30 days of shall appoint a Director of the Aviation Crew rorism Act. such date of enactment shall be trained and Self-Defense Division who shall be the head ‘‘(5) COMMUNICATION DEVICES.—The require- deputized as Federal flight deck officers. Pi- of the Division. The Director shall report to ments described in subsection (a) shall in- lots may continue to participate in the pro- the Under Secretary. clude a provision mandating that air carriers gram during the 2-year period of the pilot ‘‘(ii) SOLICITATION OF RECOMMENDATIONS.— provide flight and cabin crew with a discreet, program. By the last day of such 2-year pe- In the selection of the Director, the Under hands-free, wireless method of commu- riod, at least 80 percent of all pilots who vol- Secretary shall solicit recommendations nicating with the flight deck.’’. unteer to participate in the program must be from law enforcement, air carriers, and labor (b) RULEMAKING; LIABILITY.—Section 44918 trained and deputized as Federal flight deck organizations representing individuals em- of such title is further amended by adding at officers. ployed in commercial aviation. the end the following: Page 11, line 24, strike ‘‘250th pilot’’ and in- ‘‘(iii) BACKGROUND.—The Director shall ‘‘(f) RULEMAKING AUTHORITY.—Notwith- sert the following: ‘‘last pilot of the 20 per- have a background in self-defense training, standing section 44903(i) (relating to author- cent of all pilots who volunteer to partici- including military or law enforcement train- ity to arm flight deck crew with less than-le- pate in the program wihtin 30 days of such ing with an emphasis in teaching self-defense thal weapons), not later than 180 days after date of enactment of this Act’’. and the appropriate use force. the date of enactment of the Arming Pilots H.R. 4635 ‘‘(D) REGIONAL TRAINING SUPERVISORS.—Re- Against Terrorism Act, the Under Secretary, gional training supervisors shall be under in consultation with persons described in OFFERED BY: MR. HOSTETTLER the control of the Director and shall have ap- subsection (a)(1), shall prescribe regulations AMENDMENT NO. 9: Page 11, after line 19, in- propriate training and experience in teach- requiring air carriers to— sert the following: ing self-defense and the appropriate use of ‘‘(1) provide adequate training in the prop- ‘‘(i) LIMITATION ON AUTHORITY OF AIR CAR- force. er conduct of a cabin search and allow ade- RIERS.—No air carrier shall prohibit or in ‘‘(b) PROGRAM ELEMENTS.— quate duty time to perform such a search; any way refuse or discourage a pilot em- ‘‘(1) IN GENERAL.—The requirements pre- and ployed by the air carrier from becoming a scribed under subsection (a) shall provide ‘‘(2) conduct a preflight security briefing Federal flight deck officer under this sec- competence, and ensure retention of skills, with flight deck and cabin crew and, when tion. No air carrier shall— in self-defense training that incorporates available, Federal air marshals or other au- ‘‘(1) prohibit a Federal flight deck officer classroom and situational training that con- thorized law enforcement officials. from piloting an aircraft operated by the air tains the following elements: ‘‘(g) LIMITATION ON LIABILITY.— carrier, or ‘‘(A) Determination of the seriousness of ‘‘(1) AIR CARRIERS.—An air carrier shall not ‘‘(2) terminate the employment of a Fed- any occurrence. be liable for damages in any action brought eral flight deck officer,

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.043 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4427 solely on the basis of his or her volunteering Page 17, line 19, strike ‘‘In developing’’ and Page 9, strike lines 3 through 9. for or participating in the program under insert the following: Page 9, line 10, strike ‘‘(5)’’ and insert this section. ‘‘(A) CONSULTATION.—In developing ‘‘(4)’’. Page 11, line 20, strike ‘‘(i)’’ and insert Page 17, line 23, strike ‘‘employees of air Page 9, line 24, strike the comma and all ‘‘(j)’’. carriers,’’ and insert ‘‘the provider of self-de- that follows through the comma on line 25. Page 14, line 5, strike ‘‘(j)’’ and insert fense training for Federal air marshals, Page 11, strike line 20 and all that follows ‘‘(k)’’. flight attendants, labor organizations rep- through line 4 on page 14. H.R. 4635 resenting flight attendants,’’. Page 14, line 5, strike ‘‘(j)’’ and insert ‘‘(i)’’. Page 17, line 25, strike the closing OFFERED BY: MR. MICA H.R. 4635 quotation marks and ‘‘; and’’. AMENDMENT NO. 10: Page 4, line 8, strike Page 17, after line 25, insert the following: OFFERED BY: MR. STEARNS ‘‘Analyze’’ and insert ‘‘An analysis of’’. Page 4, line 9, after ‘‘discharge’’ insert ‘‘(B) DESIGNATION OF OFFICIAL.—The Under AMENDMENT NO. 13: Page 14, line 18, strike ‘‘(including an accidental discharge)’’. Secretary shall designate an official in the the close quotation marks and the period. Page 5, line 3, before the period insert the Transportation Security Administration to Page 14, insert after line 18 the following: following: ‘‘, including whether an additional be responsible for overseeing the implemen- ‘‘§ 44922. Federal cockpit officer program tation of the training program under this background check should be required beyond ‘‘(a) ESTABLISHMENT.—The Under Sec- subsection. that required by section 44936(a)(1)’’. retary of Transportation for Security shall ‘‘(C) NECESSARY RESOURCES AND KNOWL- Page 5, line 6, before the period insert the establish a pilot program to deputize volun- EDGE.—The Under Secretary shall ensure following: ‘‘, focusing particularly on wheth- teer pilots of air carriers providing air trans- that employees of the Administration reer such security would be enhanced by re- portation or intrastate air transportation as sponsible for monitoring the training pro- quiring storage of the firearm at the airport Federal law enforcement officers to defend gram have the necessary resources and when the pilot leaves the airport to remain the flight decks of aircraft of such air car- overnight away from the pilot’s base air- knowledge.’’; and Page 18, after line 4, insert the following: riers against acts of criminal violence or air port.’’. piracy. Such officers shall be known as ‘Fed- Page 6, after line 6, insert the following: (b) ENHANCE SECURITY MEASURES.—Section eral cockpit officers’. ‘‘(7) MINIMIZATION OF RISK.—If the Under 109(a) of the Aviation and Transportation Se- ‘‘(b) PROCEDURAL REQUIREMENTS.— Secretary determines as a result of the anal- curity Act (49 U.S.C. 114 note; 115 Stat. 613– ‘‘(1) IN GENERAL.—Not later than 2 months ysis under paragraph (3)(E) that there is a 614) is amended by adding at the end the fol- after the date of enactment of this section, significant risk of the catastrophic failure of lowing: the Under Secretary shall establish proce- an aircraft as a result of the discharge of a ‘‘(9) Require that air carriers provide flight dural requirements to carry out the program firearm, the Under Secretary shall take such attendants with a discreet, hands-free, wire- under this section. actions as may be necessary to minimize less method of communicating with the pi- ‘‘(2) COMMENCEMENT OF PROGRAM.—Begin- that risk.’’. lots.’’. Page 11, line 19, before the period insert (c) BENEFITS AND RISKS OF PROVIDING ning 2 months after the date of enactment of the following: ‘‘under chapter 171 of title 28, FLIGHT ATTENDANTS WITH NONLETHAL WEAP- this section, the Under Secretary shall begin relating to tort claims procedure.’’. ONS.— the process of selecting, training, and depu- Page 11, after line 19 insert the following: (1) STUDY.—The Under Secretary of Trans- tizing pilots as Federal cockpit officers ‘‘(i) PROCEDURES FOLLOWING ACCIDENTAL portation for Security shall conduct a study under the program; except that, if the proce- DISCHARGES.— to evaluate the benefits and risks of pro- dures required under paragraph (1) are not ‘‘(1) IN GENERAL.—If an accidental dis- viding flight attendants with nonlethal established before the last day of such 2- charge of a firearm under the pilot program weapons to aide in combating air piracy and month period, the Under Secretary shall not results in the injury or death of a passenger criminal violence on commercial airlines. begin the process of selecting, training, and or crew member on an aircraft, the Under (2) REPORT.—Not later than 6 months after deputizing pilots until the date on which the Secretary— the date of enactment of this Act, the Under procedures are established or the last day of ‘‘(A) shall revoke the deputization of the Secretary shall transmit to Congress a re- the 4-month period beginning on such date of Federal flight deck officer responsible for port on the results of the study. enactment, whichever occurs first. that firearm if the Under Secretary deter- Page 19, after line 7, insert the following: ‘‘(3) ISSUES TO BE ADDRESSED.—The proce- mines that the discharge was attributable to SEC. 5. AUTHORITY TO ARM FLIGHT DECK CREW dural requirements established under para- the negligence of the officer; and WITH LESS-THAN-LETHAL WEAPONS. graph (1) shall address the following issues: ‘‘(B) if the Under Secretary determines Section 44903(i) of title 49, United States ‘‘(A) The type of non-lethal weapon to be that a shortcoming in standards, training, or Code (as redesignated by section 6 of this used by a Federal cockpit officer. procedures was responsible for the accidental Act) is amended by adding at the end the fol- ‘‘(B) The standards and training needed to discharge, the Under Secretary may tempo- lowing: qualify and requalify as a Federal cockpit of- rarily suspend the program until the short- ‘‘(3) REQUEST OF AIR CARRIERS TO USE LESS- ficer. coming is corrected. THAN-LETHAL WEAPONS.—If, after the date of ‘‘(C) The placement of the non-lethal weap- ‘‘(2) AFFECT OF SUSPENSION.—A temporary enactment of this paragraph, the Under Sec- on of a Federal cockpit officer on board the suspension of the pilot program under para- retary receives a request from an air carrier aircraft to ensure both its security and its graph (1) suspends the running of the 2-year for authorization to allow pilots of the air ease of retrieval in an emergency. period for the pilot program until the sus- carrier to carry less-than-lethal weapons, ‘‘(D) Analyze the risk of catastrophic fail- pension is terminated.’’ the Under Secretary shall respond to that re- ure of an aircraft as a result of the discharge Page 11, line 20, strike ‘‘(i)’’ and insert quest within 90 days.’’. of a non-lethal weapon to be used in the pro- ‘‘(j)’’. Page 19, line 8, strike ‘‘5’’ and insert ‘‘6’’. gram into the avionics, electrical systems, Page 13, line 6, strike ‘‘proposed’’. H.R. 4635 or other sensitive areas of the aircraft. Page 14, line 4, after the period insert the OFFERED BY: MR. NETHERCUTT ‘‘(E) The division of responsibility between following: ‘‘The report shall include a de- pilots in the event of an act of criminal vio- AMENDMENT NO. 11: Page 2, line 12, strike scription of all the incidents in which a gun ‘‘pilot’’. lence or air piracy if only one pilot is a Fed- is discharged, including accidental dis- Page 3, lines 8 and 9, strike ‘‘selecting, eral cockpit officer and if both pilots are charges, on an aircraft of an air carrier after training,’’ and insert ‘‘training’’. Federal cockpit officers. the date of enactment of this section.’’. Page 3, line 9, after ‘‘pilots’’ insert ‘‘who ‘‘(F) Procedures for ensuring that the non- Page 14, line 5, strike ‘‘(j)’’ and insert are qualified to be Federal flight deck offi- lethal weapon of a Federal cockpit officer ‘‘(k)’’. cers’’. does not leave the cockpit if there is a dis- Page 15, line 12, insert ‘‘(a) IN GENERAL.— Page 3, line 10, strike the semicolon and all turbance in the passenger cabin of the air- ’’ before ‘‘Section’’. that follows through ‘‘first’’ on line 17. craft or if the pilot leaves the cockpit for Page 15, line 22, insert ‘‘effective’’ before Page 9, strike lines 3 through 9. personal reasons. ‘‘hands-on’’. Page 9, line 10, strike ‘‘(5)’’ and insert ‘‘(4). ‘‘(G) Interaction between a Federal cockpit Page 16, line 10, insert ‘‘subdue and’’ before Page 9, line 24, strike the comma and all officer and a Federal air marshal on board ‘‘restrain’’. that follows through the comma on line 25. the aircraft. Page 16, line 13, insert ‘‘and effective’’ Page 11, strike line 20 and all that follows after ‘‘appropriate’’. ‘‘(H) The process for selection of pilots to through line 4 on page 14. participate in the program based on their fit- Page 17, line 4, insert ‘‘, including the duty Page 12, line 21, strike the comma and in- time required to conduct the search’’ before ness to participate in the program. sert ‘‘and’’. ‘‘(I) Storage and transportation of non-le- the semicolon. Page 12, line 23, strike the comma and all Page 17, line 8, strike ‘‘amount’’ and insert thal weapons between flights, including that follows through ‘‘program’’ on line 24. international flights, to ensure the security ‘‘number or hours’’ Page 14, line 5, strike ‘‘(j)’’ and insert ‘‘(i)’’. Page 17, line 9, insert ‘‘and’’ after the semi- of the weapons. colon. H.R. 4635 ‘‘(J) Methods for ensuring that security Page 17, line 13, strike the semicolon and OFFERED BY: MR. NETHERCUTT personnel will be able to identify whether a all that follows through line 17 and insert a AMENDMENT NO. 12: Page 2, line 12, strike pilot is authorized to carry a non-lethal period. ‘‘pilot’’. weapon under the program.

VerDate May 23 2002 03:11 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.045 pfrm12 PsN: H09PT1 H4428 CONGRESSIONAL RECORD — HOUSE July 9, 2002 ‘‘(K) Methods for ensuring that pilots (in- lots that the Under Secretary determines are date that the 250th pilot is deputized as a cluding Federal cockpit officers) will be able qualified to be such officers. Federal cockpit officer under this section. to identify whether a passenger is a law en- ‘‘(4) MAXIMUM NUMBER.—The maximum ‘‘(2) RISK-BENEFIT DETERMINATION DECI- forcement officer who is authorized to carry number of pilots that may be deputized SION.—Before the last day of such 2-year pe- a firearm aboard the aircraft. under the pilot program as Federal cockpit riod, the Under Secretary shall determine ‘‘(L) Any other issues that the Under Sec- officers may not exceed 1 percent of the total whether the security benefits of the Federal retary considers necessary. number of pilots that are employed by air cockpit officer pilot program outweigh the ‘‘(4) PREFERENCE.—In selecting pilots to carriers engaged in air transportation or risks of the program. participate in the program, the Under Sec- intrastate transportation on the date of en- ‘‘(3) TERMINATION OF PILOT PROGRAM.—If retary shall give preference to pilots who are actment of this section. the Under Secretary determines under para- former military or law enforcement per- ‘‘(5) REVOCATION.—The Under Secretary graph (2) that the risks outweigh the bene- sonnel. may revoke the deputization of a pilot as a fits, the Under Secretary shall publish a no- ‘‘(5) CLASSIFIED INFORMATION.—Notwith- Federal cockpit officer if the Under Sec- tice in the Federal Register terminating the standing section 552 of title 5 but subject to retary finds that the pilot is no longer quali- pilot program and explaining the reasons for section 40119 of this title, information devel- fied to be such an officer. the decision to terminate and shall provide oped under paragraph (3)(E) shall not be dis- ‘‘(e) COMPENSATION.—Pilots participating adequate notice of the decision to Federal closed. in the program under this section shall not cockpit officers and other individuals as nec- ‘‘(6) NOTICE TO CONGRESS.—The Under Sec- be eligible for compensation from the Fed- essary. retary shall provide notice to the Committee eral Government for services provided as a ‘‘(4) CONTINUATION OF PROGRAM.— on Transportation and Infrastructure of the Federal cockpit officer. The Federal Govern- ‘‘(A) IN GENERAL.—If the Under Secretary House of Representatives and the Committee ment and air carriers shall not be obligated determines under paragraph (2) that the ben- on Commerce, Science, and Transportation to compensate a pilot for participating in efits outweigh the risks, the Under Secretary of the Senate after completing the analysis the program or for the pilot’s training or shall publish a notice in the Federal Register required by paragraph (3)(E). qualification and requalification to carry announcing the continuation of the program, ‘‘(c) TRAINING, SUPERVISION, AND EQUIP- non-lethal weapons under the program. shall continue the program in accordance MENT.— ‘‘(f) AUTHORITY TO CARRY NON-LETHAL with this section, and may increase the num- ‘‘(1) IN GENERAL.—The Under Secretary WEAPONS.— ber of Federal cockpit officers participating shall provide the training, supervision, and ‘‘(1) IN GENERAL.—The Under Secretary in the program. equipment necessary for a pilot to be a Fed- shall authorize, while the program under ‘‘(B) NOTICE OF PROPOSED RULEMAKING.— eral cockpit officer under this section at no this section is in effect, a Federal cockpit of- Not later than 60 days after the date of publi- expense to the pilot or the air carrier em- ficer to carry a non-lethal weapon while en- cation of a notice continuing the program, ploying the pilot. gaged in providing air transportation or the Under Secretary shall issue a notice of ‘‘(2) TRAINING.— intrastate air transportation. Notwith- proposed rulemaking to provide for continu- ‘‘(A) ELEMENTS.—The training of a Federal standing subsection (c)(1), the officer may ation of the program. In conducting the pro- cockpit officer shall include, at a minimum, purchase a non-lethal weapon and carry that posed rulemaking, the Under Secretary shall the following elements: weapon aboard an aircraft of which the offi- readdress each of the issues to be addressed ‘‘(i) Training to ensure that the officer cer is the pilot in accordance with this sec- under subsection (b)(3) and, in addition, shall achieves the level of proficiency with a non- tion if the weapon is of a type that may be address the following issues: lethal weapon required under subparagraph used under the program. ‘‘(i) The use of various technologies by (C)(i). ‘‘(2) PREEMPTION.—Notwithstanding any Federal cockpit officers, including smart gun ‘‘(ii) Training to ensure that the officer other provision of Federal or State law, a technologies and nonlethal weapons. maintains exclusive control over the offi- Federal cockpit officer, whenever necessary ‘‘(ii) The necessity of hardening critical cer’s non-lethal weapon at all times, includ- to participate in the program, may carry a avionics, electrical systems, and other vul- ing training in defensive maneuvers. non-lethal weapon in any State and from one nerable equipment on aircraft. ‘‘(iii) Training to assist the officer in de- State to another State. ‘‘(iii) The standards and circumstances termining when it is appropriate to use the ‘‘(3) CARRYING NON-LETHAL WEAPONS OUT- under which a Federal cockpit officer may officer’s non-lethal weapon. SIDE UNITED STATES.—In consultation with use force against an individual in defense of ‘‘(B) TRAINING IN USE OF NON-LETHAL WEAP- the Secretary of State, the Under Secretary the flight deck of an aircraft. ONS.— may take such action as may be necessary to ‘‘(5) REEVALUATION.—Not later than 3 years ‘‘(i) STANDARD.—In order to be deputized as ensure that a Federal cockpit officer may after the date of publication of a notice con- a Federal cockpit officer, a pilot must carry a non-lethal weapon in a foreign coun- tinuing the program, the Under Secretary achieve a level of proficiency with a non-le- try whenever necessary to participate in the shall reevaluate the program and shall re- thal weapon that is required by the Under program. port to Congress on whether, in light of addi- Secretary. ‘‘(g) AUTHORITY TO USE FORCE.—Notwith- tional security measures that have been im- ‘‘(ii) CONDUCT OF TRAINING.—The training standing section 44903(d), the Under Sec- plemented (such as reinforced doors and uni- of a Federal cockpit officer in the use of a retary shall prescribe the standards and cir- versal employee biometric identification), non-lethal weapon may be conducted by the cumstances under which a Federal cockpit the program is still necessary and should be Under Secretary or by a training facility ap- officer may use, while the program under continued or terminated. proved by the Under Secretary. this section is in effect, force against an in- ‘‘(j) APPLICABILITY.— ‘‘(iii) REQUALIFICATION.—The Under Sec- dividual in the defense of the flight deck of ‘‘(1) EXEMPTION.—This section shall not retary shall require a Federal cockpit officer an aircraft in air transportation or intra- apply to air carriers operating under part 135 to requalify to carry a non-lethal weapon state air transportation. of title 14, Code of Federal Regulations, and under the program. Such requalification ‘‘(h) LIMITATION ON LIABILITY.— to pilots employed by such carriers to the shall occur quarterly or at an interval re- ‘‘(1) LIABILITY OF AIR CARRIERS.—An air extent that such carriers and pilots are cov- quired by a rule issued under subsection (i). carrier shall not be liable for damages in any ered by section 135.119 of such title or any ‘‘(d) DEPUTIZATION.— action brought in a Federal or State court successor to such section. ‘‘(1) IN GENERAL.—The Under Secretary arising out of a Federal cockpit officer’s use ‘‘(2) PILOT DEFINED.—The term ‘pilot’ may deputize, as a Federal cockpit officer of or failure to use a non-lethal weapon. means an individual who has final authority under this section, a pilot who submits to ‘‘(2) LIABILITY OF FEDERAL COCKPIT OFFI- and responsibility for the operation and safe- the Under Secretary a request to be such an CERS.—A Federal cockpit officer shall not be ty of the flight or, if more than 1 pilot is re- officer and whom the Under Secretary deter- liable for damages in any action brought in quired for the operation of the aircraft or by mines is qualified to be such an officer. a Federal or State court arising out of the the regulations under which the flight is ‘‘(2) QUALIFICATION.—A pilot is qualified to acts or omissions of the officer in defending being conducted, the individual designated be a Federal cockpit officer under this sec- the flight deck of an aircraft against acts of as second in command.’’. tion if— criminal violence or air piracy unless the of- Page 14, insert before line 23, the following: ‘‘(A) the pilot is employed by an air car- ficer is guilty of gross negligence or willful ‘‘44921. Federal cockpit officer program.’’. rier; misconduct. H.R. 4635 ‘‘(B) the Under Secretary determines that ‘‘(3) LIABILITY OF FEDERAL GOVERNMENT.— OFFERED BY: MRS. TAUSCHER the pilot meets the standards established by For purposes of an action against the United AMENDMENT NO. 14: Page 5, line 5, before the Under Secretary for being such an offi- States with respect to an act or omission of ‘‘between’’ insert ‘‘at airports’’. cer; and a Federal cockpit officer, the officer shall be Page 10, after line 18 insert the following: ‘‘(C) the Under Secretary determines that treated as an employee of the Federal Gov- ‘‘(g) STORAGE OF FIREARMS.—The Under the pilot has completed the training required ernment. Secretary shall require that firearms carried by the Under Secretary. ‘‘(i) DURATION OF PROGRAM.— by Federal flight deck officers in the pro- ‘‘(3) DEPUTIZATION BY OTHER FEDERAL AGEN- ‘‘(1) IN GENERAL.—Except as otherwise program be stored in airports between flights CIES.—The Under Secretary may request an- vided in this subsection, the pilot program and shall determine and designate the most other Federal agency to deputize, as Federal established under this section shall be in ef- secure locations for the storage of such fire- cockpit officers under this section, those pi- fect for a period of 2 years beginning on the arms.’’.

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.048 pfrm12 PsN: H09PT1 July 9, 2002 CONGRESSIONAL RECORD — HOUSE H4429 Redesignate subsequent subsections ac- Page 11, strike lines 15 through 19. Page 8, line 10, strike ‘‘a’’ and insert cordingly. H.R. 4635 ‘‘any’’. H.R. 4635 Page 9, strike lines 3 through 9. OFFERED BY: MRS. TAUSCHER OFFERED BY: MRS. TAUSCHER Page 9, line 10, strike ‘‘(5)’’ and insert AMENDMENT NO. 17: Page 12, line 15, after ‘‘(4)’’. AMENDMENT NO. 15: Page 6, after line 6, in- the period insert the following: ‘‘If an acci- sert the following: H.R. 4635 dental discharge of a firearm under the pilot ‘‘(7) SUSPENSION OF PROGRAM.—If the Under program results in injury or death of a pas- OFFERED BY: MR. TOWNS Secretary determines as a result of an anal- senger or crew member of a flight, the Under AMENDMENT NO. 19: Page 4, line 12, after ysis under paragraph (3)(E) that there is a Secretary may terminate the pilot program the period, insert the following: ‘‘The anal- significant risk of the catastrophic failure of by publishing in the Federal Register a no- ysis shall include an assessment of the po- an aircraft from the discharge of a firearm, tice of such termination and providing ade- tential risks of an accidental or intentional the Under Secretary may suspend the pro- quate notice of the decision to terminate to discharge of a firearm by a licensed Federal gram until such actions as may be necessary Federal flight deck officers and other indi- flight deck officer on an aircraft.’’. to minimize such risk are taken.’’. viduals as necessary.’’. Page 14, line 4, after the period, insert the H.R. 4635 H.R. 4635 following: ‘‘The report shall include a de- OFFERED BY: MRS. TAUSCHER scription of any incidence involving the acci- AMENDMENT NO. 16: Page 11, strike line 1 OFFERED BY: MR. THUNE dental or intentional discharge of a firearm and all that follows through ‘‘OFFICERS.—’’ AMENDMENT NO. 18: Page 8, line 8, strike by a Federal flight deck officer on an air- on lines 7 and 8. ‘‘may’’ and insert ‘‘shall’’. craft.’’.

VerDate May 23 2002 02:36 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A09JY7.049 pfrm12 PsN: H09PT1 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, TUESDAY, JULY 9, 2002 No. 91 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, MORNING BUSINESS PRESIDENT PRO TEMPORE, called to order by the Honorable JACK The ACTING PRESIDENT pro tem- REED, a Senator from the State of Washington, DC, July 9, 2002. To the Senate: pore. Under the previous order, there Rhode Island. Under the provisions of rule I, paragraph 3, will now be a period for the transaction of the Standing Rules of the Senate, I hereby of morning business not to extend be- PRAYER appoint the Honorable JACK REED, a Senator yond the hour of 10:15 a.m. with Sen- The Chaplain, Dr. Lloyd John from the State of Rhode Island, to perform ators permitted to speak therein for up Ogilvie, offered the following prayer: the duties of the Chair. to 10 minutes each. Thank you, Lord, for the resources ROBERT C. BYRD, Under the previous order, the first President pro tempore. You have given to us. You ask us to be half of the time shall be under the con- good stewards—to invest resources Mr. JACK REED thereupon assumed trol of the Republican leader or his des- the chair as Acting President pro tem- wisely. And we want to do so. But this ignee. is hard when others deceive us. We pore. The Senator from Nebraska. f have learned recently how profes- f sionals in a few companies took unfair RECOGNITION OF THE ACTING DISASTER ASSISTANCE FOR advantage of investors. They lost track MAJORITY LEADER AGRICULTURE of their accountability to truth and The ACTING PRESIDENT pro tem- Mr. HAGEL. Mr. President, I rise this their commitment to integrity. As a pore. The acting majority leader is rec- morning to speak about the severe result, investors lost billions of dollars, ognized. tens of thousands of workers lost their drought gripping much of our Nation. jobs, and untold numbers of people lost f The situation is developing into a na- confidence in the financial markets. SCHEDULE tional problem, a big problem that can Please comfort and help those who Mr. REID. Mr. President, in a short no longer be ignored. were harmed. Bless the many men and time there will be a period of morning Last week in Nebraska, I met with women who operate their companies business until 10:15 today, with times farmers and livestock producers who honestly. Help strengthen the integrity evenly divided, the first half under the have witnessed firsthand the devasta- of America’s financial system so that control of the Republicans and the section caused by this drought. For many people can be better stewards of our re- ond half under the control of the agricultural producers in Nebraska and sources. And give the Senators wisdom Democrats. At 10:15, the Senate will re- throughout America, hope is again for to know how to legislate to preserve an sume consideration of the accounting this growing season. Their crops are effective financial accounting system reform bill. wilted and their pastures are scorched for the businesses of America. In Your I was advised by my junior colleague and bare. These producers need assist- Holy Name. Amen. from Nevada last evening that he was ance. For them, there are no options left. Drought is not just a Nebraska f notified by the Republican leader that this afternoon the Republicans will problem; it is a national problem. PLEDGE OF ALLEGIANCE move to the nuclear waste veto matter According to the National Drought The Honorable JACK REED led the which has been hanging around for a Mitigation Center at the University of Pledge of Allegiance, as follows: while. If that is the case, that will take Nebraska, about 15 percent of the coun- I pledge allegiance to the Flag of the up most of the afternoon, I am sure, try experiences drought in a typical United States of America, and to the Repub- with a 10-hour statutory time available year. Today, more than 40 percent of lic for which it stands, one nation under God, that could go into tomorrow. We have the entire country is suffering from indivisible, with liberty and justice for all. been working since we learned about drought. The West is bone dry. ‘‘Excep- f this yesterday to work something out tional’’ and ‘‘extreme’’ drought, as it is that would be more definite. We will termed by the National Oceanic and APPOINTMENT OF ACTING keep the Senate advised as soon as we Atmospheric Administration, NOAA, PRESIDENT PRO TEMPORE know something more. has ravaged the Southwest as well as The PRESIDING OFFICER. The f Wyoming, Montana, and parts of clerk will please read a communication Texas. The Southern States, along to the Senate from the President pro RESERVATION OF LEADER TIME with sections of New England, such as tempore (Mr. BYRD). The ACTING PRESIDENT pro tem- represented by the distinguished Pre- The legislative clerk read the fol- pore. Under the previous order, the siding Officer, and the Mid-Atlantic lowing letter: leadership time is reserved. States are also reeling from drought.

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

S6433

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6434 CONGRESSIONAL RECORD — SENATE July 9, 2002 This past spring was the driest in 107 We are not limited to just an agricul- Mrs. BOXER. Thank you very much, years of data reporting in Colorado and tural disaster package. There are other Mr. President. the second driest in Arizona and south- ways in which Washington is helping What is the order now? ern California. Keep in mind, it is only our agricultural producers this year. The ACTING PRESIDENT pro tem- July 9. To add to this problem, the Secretary Veneman has been making pore. The majority leader or his des- drought has brought swarms of grass- disaster declarations for counties ignee has control of the remaining 20 hoppers which are now infecting many across the country, which allows eligi- minutes. parts of Nebraska as well as the entire ble agriculture producers to receive Mrs. BOXER. Thank you very much, Midwest. emergency low-interest loans. She has Mr. President. The economic effects of drought are approved grazing and haying on Con- f often hard to measure. Unlike a hurri- servation Reserve Program acres CORPORATE ENVIRONMENTAL cane or tornado, droughts area meas- throughout the country, including al- RESPONSIBILITY ured in years, sometimes decades. The most 40 Nebraska counties. Mrs. BOXER. Mr. President, I come worst drought in recent memory, in Also, I would like to remind my col- to the floor today to discuss a matter the summer of 1988, covered almost 40 leagues of an important bill recently that is very related to the whole issue percent of the entire United States. It introduced by the senior Senator from of corporate responsibility. Sometimes cost an estimated $40 billion. Compare New Mexico. Senator DOMENICI’s Na- the people do not connect the issue of that to Hurricane Andrew in 1992, tional Drought Preparedness Act S. the environment with corporate re- which cost about $30 billion. 2528 would move us away from the cost- sponsibility, but I am going to do that The bad news is the current drought ly, ad-hoc, response-oriented approach this morning with the Senator from Il- could be much worse than the drought to droughts to a comprehensive, pro- linois, as we touch on some of the poli- of 1988, considering we still must en- active national drought policy. We cies of this administration, which are dure July and August, the hottest need an established program that will really, in my view, putting us in a very months of the year. Already, Nebraska allow local, State, and Federal Govern- dangerous situation in terms of taking is estimating at least $307 million dam- ments to work together—to coordinate a stand with the corporate polluters age to its economy, with the loss to a drought preparedness strategy. versus the people of this country who crops and pastureland alone estimated Droughts do not happen overnight, and the damage they cause to the econ- deserve to have protection from envi- at $150 million. Again, this is only a ronmental hazards. This is not a dis- omy and environment do not go away midyear estimate. cussion about ideology, it is really a Government action is now necessary. with one measurable rainfall. Govern- discussion about the checks and bal- Congress is quick to respond to floods, ment cannot bring an end to the ances that there have to be in this earthquakes, and hurricanes. Now we drought or bring pastures and crops country so we can have robust eco- must respond to this national drought. back to life. But we can help our agri- nomic growth along with the sense Some of my colleagues may second- culture producers survive, weather this that there will be responsibility and crisis, and prepare for the next growing guess the need for additional agricul- people will be protected. tural assistance. After all, Congress, season. With many of my colleagues in I have found out, in my long history for the past 3 years, has provided bil- the House and Senate, I am working on in politics, that in fact if you are good lions of dollars for supplemental agri- an emergency drought disaster package to the environment and if you care cultural spending, mostly due to low to bring before the Congress. about the health and safety of people, commodity prices. Emergency pay- I urge all of my colleagues to help you will have, actually, development of ments were supposed to cease with pas- find a responsible way to get America’s new businesses to deal with pollution sage of the new farm bill this year. agriculture producers the help they and you will have prosperity. Clearly, the new farm bill, which will need—as soon as possible. We go back in the environmental spend an estimated $180 billion or more I yield the floor. I suggest the ab- movement to the days when rivers in over the next 10 years, provides almost sence of a quorum. this country were on fire, they had so no safety net for farmers and ranchers The ACTING PRESIDENT pro tem- many hazards in the waterways, such hurt by drought. That is one of the pore. The clerk will call the roll. as in Ohio and other places. That is The legislative clerk proceeded to farm bill’s biggest faults, as Senators what started the Clean Air Act. We go ROBERTS and LUGAR pointed out often call the roll. Mr. REID. Mr. President, I ask unan- back to the days when you could lit- during the farm bill debate on the floor erally see the air in some of our big cit- imous consent the order for the of the Senate. Increased price supports ies. We turned it around in such a way could not help much when there is no quorum call be rescinded. The ACTING PRESIDENT pro tem- that the people benefited both from a crop to be harvested. healthier environment and a robust During the Senate farm bill debate, pore. Without objection, it is so ordered. economy. Senator LUGAR brought up the idea of So this argument that we should step expanded crop and livestock revenue Mr. REID. Mr. President, how much time do the Republicans have? away and no longer say to corporations insurance. Senator ROBERTS called for The ACTING PRESIDENT pro tem- that pollute: You have a responsibility more emphasis on direct, decoupled, pore. The Republicans have 5 minutes to clean up your mess—the fact that nonproduction-related payments. Both 30 seconds. this administration seems to take that are solid, sound ideas, but Congress did Mr. REID. I suggest the absence of a position is at odds with our history and not listen. Now we must play with the quorum. is at odds with what we ought to be cards we have dealt ourselves. The ACTING PRESIDENT pro tem- doing. It is important we do not hold pore. Without objection, the clerk will On Monday, July 1, a report by the drought-plagued agricultural producers call the roll. Environmental Protection Agency in- hostage to a shortsighted farm bill. The legislative clerk proceeded to spector general was released stating The President said any new agricul- call the roll. that the EPA has designated 33 sites in tural disaster aid must come from the Mrs. BOXER. Mr. President, I ask 18 States for cuts in financing for the $73.5 billion in new agricultural fund- unanimous consent the order for the Superfund cleanup program. The rea- ing. I agree with the President. We quorum call be rescinded. son this administration decided to do should find the necessary offsets for The ACTING PRESIDENT pro tem- this is, frankly, they are depleting the this new funding. But we must act pore. Without objection, it is so or- Superfund, which is a fund that is set quickly to find the necessary disaster dered. up via a fee by polluting corporations, aid to help minimize the drought’s im- Mrs. BOXER. Will the Presiding Offi- and the administration is not inter- pact on local economies. America will cer advise me if the time of the Repub- ested, at least to now, in making sure see a ripple effect on these economies. licans has run out? that we have that fund, that that fund The economies of many States are di- The ACTING PRESIDENT pro tem- is not depleted. rectly tied to agriculture and food pro- pore. The time of the Republicans has The report that was commissioned duction. expired. several months ago by Democrats in

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6435 the House finally did come back. I have to cleaning up the site. I am sure my was a Republican Congress, a to say, as the chair of the Superfund colleague will attest to the fact that probusiness Congress, that said: We Subcommittee in the Environment the site is quite different today. don’t believe that is the right thing to Committee, we have been trying to get That is the reality. That is why we do any longer. So they wouldn’t reau- this information from EPA for several are on the floor—because this is a great thorize the Superfund. The collection months. We have not been able to get program. It had some problems in the of about $2 billion or more a year to it. I thank my colleagues in the House early stages. It wasn’t moving. But by clean up America started evaporating for going to the inspector general. 1992 it really started. as the taxes and fees were not being The 33 sites are National Priorities It is a sad day when I am here to tell collected to clean up the polluted mess List sites, and they are among the you that this administration is not across America. Now we are down to most toxic in the country. So instead cleaning up its act. $25 million, or $26 million for all of this of saying, we are going to clean them Mr. DURBIN. Mr. President, if the mess around America. up, the administration is walking away Senator will yield, I thank the Senator The Senator from California, in a bi- from them. from California for her leadership on partisan effort, I might add, with Sen- What do these sites contain? Let me this issue. I hope the Senator will bear ator CHAFEE of Rhode Island, says we say, you may want to know this infor- with me for a moment. I think for ought to reestablish the Superfund. If mation but you would not want to get those who are following this debate, a it was good enough for Democratic near it. The sites contain arsenic, little history goes a long way. President Carter and Republican Presi- Agent Orange, dioxin, and industrial There was a time in America, in my dent Reagan, if Congress—Democratic pesticides. home State of Illinois, when people and Republican—thought it was a good The report indicates that EPA’s At- would strip-mine coal. They would lit- concept, why are we walking away lanta regional office staff say there is a erally drag the coal out from just from it? bottleneck on new starts for cleanup below the surface and leave behind this When I was back home on the Fourth and that there must be maintenance of terrible wasteland that looked like cra- of July break, I went to two sites in cleanup progress. The Dallas office re- ters on the Moon. Over time, people Chicago. I went to one site in the ports they have problems. They did not started saying: It is not only ugly but southeastern part of the city. It is an receive $56 million. The Kansas office the runoff is dangerous, and we ought industrial graveyard from an operation says they need $100 million. The Den- to require the coal companies to re- not many years ago, and 75,000 manu- ver regional office at EPA says they store the land after they have strip- facturing jobs are now gone. I went to did not get the $10 million they were to mined so it can be used for something— the LTV Steel Corporation site, a com- receive. so it looks a little bit like it looked pany that declared bankruptcy just Here is the point. For an administra- when God created it. last December. I took a look at the tion that says, trust the people who are That really reflected a kind of toxic waste which the Superfund left working in the field, this administra- change in the national conscience behind. tion has turned its back on their re- which said it isn’t enough to take the I went up to north to Waukegan. For gional offices. land, or take parts of America, blight over 20 years, Waukegan has been deal- One of the excuses the administra- them, make them toxic and dangerous ing with mercury and PCBs dumped tion comes up with—and then I will for someone to make a profit. into Lake Michigan—something we yield to my friend from Illinois—is We said, as we looked around Amer- value as part of our national heritage. that, well, it is true the Clinton sites ica and found toxic waste and haz- They are in a position of limbo with a were cleaned up—I have a chart show- ardous waste, that is a danger to our suspended mix of efforts to clean it up. ing progress that was made under environment, to the people living near- It is within a stone’s throw of Lake President Clinton. We see, in the last 4 by and to the ground water. President Michigan. We pointed out the outboard years of his administration, 88, 87, 85, Carter—a Democrat—said let us put to- marine site. Waukegan said this is a and 87 sites. That is the number of sites gether a Superfund tax where the cor- site which won’t be cleaned up because that were cleaned up. Under this ad- porations, the businesses which are the Superfund is not being funded ministration, they told us, when we polluting businesses, will pay a tax to again by the Bush administration. asked them, they wanted to clean up pay for the cleanup of the mess left They refused to put the money into en- 75, 65, and 40 sites. Now it is 47, 40, and from this industrial work. vironmental cleanup. 40 sites. The reason I wanted to get into this That is irresponsible. It is irrespon- We are looking at a terrible diminu- history a little bit is that, as I under- sible not to hold liable the corporation in the number of sites cleaned. stand from staff, although it was tions that produce the chemicals that One of the things they say is: Well, passed by President Carter—obviously, we find over and over again at these there are no tough sites left. They were a Democrat—and a Democratic Con- sites. If they want to make a profit cleaned up by Clinton. gress, a few years later, in 1986, Presi- producing these chemicals, is it unrea- So we did a little research. One of the dent Ronald Reagan—a Republican— sonable to suggest they pay a fee so sites that was cleaned up by the Clin- not only reauthorized the same pro- they can clean up the aftermath of the ton administration is the Illinois site. gram but said, yes, corporations use of these chemicals which have I want to bring this up so my col- around America should be held ac- blighted parts of America? league can hear this. The NL Industries countable; they should pay a fee or a I say to the Senator from California, Corporation smelter site in Illinois was tax to clean up the toxic waste sites as we view this issue, some say: There cleaned up. For them to say they didn’t across America through the Superfund. go the Democrats again with their out- clean up any hard sites is ridiculous. Not only did this Republican President landish environmental policies. But if The site was used for lead smelting op- restore it, but he raised the tax. He you look at the history, this has been erations from the turn of the century said we need more money to do this on a bipartisan approach from the start. I until 1983. It included 100 square blocks a national basis. ask the Senator from California, who and 1,600 residences were affected. Ten Now we had a bipartisan commit- has been our leader on this issue, if she percent of the children living near the ment to this concept from a Demo- could comment on that. site had blood levels of lead above 10 cratic President, Jimmy Carter, and a Mrs. BOXER. Mr. President, I first micrograms, which is an unsafe level. Republican President, Ronald Reagan. thank the Senator from Illinois for his The responsible parties fought the They assumed that America would eloquence on this subject. Again, this EPA. We had to go to the Superfund to stand behind the concept of corporate isn’t really a theoretical thing at all. get the money. It was not a simple site. responsibility when it came to environ- We see the progress that has been made The cleanup was important for the mental cleanup. during the last 8 years. It is amazing to children. The site was cleaned up. Now enter President Clinton at a look at the difference because there Why was it cleaned up? Because the later point. He said to Congress, we were, frankly, problems with the Clinton administration used that need to reauthorize this same law to Superfund Program for a while. They Superfund, and they were committed keep up this program. What he ran into weren’t really doing a good job of it.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6436 CONGRESSIONAL RECORD — SENATE July 9, 2002 Under Carol Browner began a shake-up, isn’t this a similar situation where if a 6 others we think could be eligible. and they began to get through all the business in America says, I want to Frankly, if the Bush administration’s problems. create a business here and I want to try proposal goes through, it means no Here we are. My friend is right. This to make a profit and I am going to hire Superfund, no money, no cleanup. That is not only important for the environ- people to do it, isn’t there kind of a so- means the public health hazard will re- ment, and not only bipartisan, as he cial contract involved here that says: main. pointed out, but it is really, in my You can’t pollute the land and walk Today the President will go to New view, a probusiness situation. When away from it as part of doing business York to talk about corporate responsi- they leave behind a mess such as this, in America; part of your responsibility bility. He wants to throw the bad ac- then they go somewhere else and go be- as a corporation is to take responsi- tors in jail. That makes sense. The fore the planning commission in some bility for keeping that natural heritage simple fact is, an actress accused of little place in Illinois, or California, or we all respect so much protected. shoplifting in California is facing po- Louisiana, and this big company XYZ Eliminating Superfund takes away tentially more prison time than any of- wants to come in and do some work the responsibility of these corporations ficer of Enron is facing today. I might over here with a plant, what is their to clean up their own mess and says no say, if the President’s premise, his record? Now the county supervisor or to the families at large and businesses principle is sound, why do we stop and the planning commission can look across America: It is now your respon- say it is just when it comes to account- back and say: Oh, my God, the XYZ sibility. ing? If a corporation walks away from company left a mess in California. The It seems to me, whether we are talk- its responsibility in terms of cleaning truth is that the company is not going ing about pensions or the environment, up the environmental mess they have to be welcomed. corporate responsibility really applies left behind, why aren’t we talking To me, it is probusiness to clean up at the same level. I ask the Senator about that as being the kind of mis- your mess. It is going to help your from California, does she see a distinc- conduct that should not only be con- business. It is, in fact, a part of cor- tion here? I do not. demned but punished? porate responsibility. It is our respon- Mrs. BOXER. That is an excellent Instead, the administration has said: sibility to make sure that polluters analogy. If a corporation makes cer- We don’t even want to hold them liable pay. tain promises to the people they em- for paying for it. No penalty, no crime, I want to share a chart with my ploy and that is part of the contract they are not even going to be liable for friend that shows what has happened and if a corporation comes into a com- paying for the cleanup. with this program. munity to be a good neighbor and that The Senator from California has In 1995, 82 percent of the cleanup was is part of the deal, then they should made the point so well today: Cor- paid by industry. Either through re- not walk away from either. That is porate responsibility goes way beyond sponsible parties coming forward and why it is important sometimes that accounting. It goes into the handling of paying for the mess they made, or the the Government, the House and Sen- pensions. It goes into the environ- Superfund itself—as my friend points ate, the President, make sure that we mental responsibility that corpora- out, as opposed to the dollars that are get in and restore justice. tions have. collected from a fee on polluters—only Talk about justice, a lot of these f 18 percent had to be made up by the sites—take a look at the sites shown in general taxpayers. purple on the chart—are the major pol- CONCLUSION OF MORNING By 2003, if the situation continues to luted sites. They are in every State but BUSINESS deteriorate under this President, 46 North Dakota. My State has the second The PRESIDING OFFICER (Ms. LAN- percent of the cleanup is going to be number. New Jersey has the first. Illi- DRIEU). According to the earlier order, paid for by our constituents who had nois is up there, unfortunately. There morning business is now closed. nothing to do with the dumping of are many States that are affected. f those materials. This should fall on the We are talking about walking away people who made the mess. The pol- from a lot of places when we deplete PUBLIC COMPANY ACCOUNTING luters should pay. It is part of the the Superfund. We are walking away REFORM AND INVESTOR PRO- Superfund. from ‘‘polluter pays.’’ TECTION ACT OF 2002 As we talk about corporate irrespon- I thank my friend. There is a definite The PRESIDING OFFICER. Under sibility and as we talk about ways we analogy to be made. He has made it the previous order, the Senate will re- can put confidence back into the sys- very clearly, as he usually does when sume consideration of S. 2673, which tem, we shouldn’t forget that corporate we talk about the issue of corporate re- the clerk will report. responsibility is reflected in the Super- sponsibility. The assistant legislative clerk read fund Program. It has been reflected. It Today we are concentrating on the as follows: has been a successful program. That is WorldComs and Global Crossings and A bill (S. 2673) to improve quality and why it was embraced by many Repub- the Enrons and Arthur Andersens and transparency in financial reporting and inde- licans. That is why I hope it will be the ImClones. We know those names pendent audits and accounting services for again embraced by many, although I now. Those names and what is behind public companies, to create a Public Com- am very concerned, frankly, that the those names has propelled us in the pany Accounting Oversight Board, to en- bipartisan nature of this is slipping Senate to take up the very important hance the standard setting process for ac- away in this atmosphere today. Sarbanes bill. The Leahy bill will be counting practices, to strengthen the inde- I am very proud to have Senator added, and the bill will become the pendence of firms that audit public companies, to increase corporate responsibility and CHAFEE of Rhode Island as the key Re- Sarbanes-Leahy bill. We have been pro- the usefulness of corporate financial disclo- publican sponsor of the Superfund leg- pelled into action because of, as Presi- sure, to protect the objectivity and inde- islation. dent Bush says, these bad actors. pendence of securities analysts, to improve Mr. DURBIN. If the Senator will I think it goes beyond that to the Securities and Exchange Commission re- yield for one last question, is this not system. There are no checks and bal- sources and oversight, and for other pur- the same basic concept as protecting ances in that system. If we don’t have poses. pensions? If a corporation accepts the a Superfund, I say to the Senator, we The PRESIDING OFFICER. The ma- responsibility of going into business, have no check and balance on those jority leader is recognized. hiring people, making a promise that bad actors who would walk away. AMENDMENT NO. 4174 the people who work for them when Let me say to my friend, is he famil- (Purpose: To provide for criminal prosecu- they retire will have a pension, then iar with that site I talked about that tion of persons who alter or destroy evi- that corporation violates its trust and was cleaned up? dence in Federal investigations or defraud responsibility and destroys the pen- Mr. DURBIN. I am. I say to the Sen- investors of publicly traded securities, and sion, like the Enron officers cashing in ator from California, we have three for other purposes) on stock while the pensioners were los- Superfund sites in the State of Illinois, Mr. DASCHLE. Madam President, I ing everything they had in their 401(k)s another 18 that must go on the list, and have an amendment at the desk.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6437 The PRESIDING OFFICER. The most complex new fraud schemes and said. I also compliment him for his clerk will report. tough enough to deter violations on leadership on corporate accountability. The assistant legislative clerk read the front end. It also provides a mecha- Sometime ago, he asked the Chairs of as follows: nism to raise the fraud sentences that the various committees with possible The Senator from North Dakota [Mr. are already on the books. jurisdiction in this area to get together DASCHLE], for Mr. LEAHY, for himself, Mr. The amendment also preserves evi- and craft comprehensive legislation. I MCCAIN, Mr. DASCHLE, Mr. DURBIN, Mr. HAR- dence of fraud. It creates two new recall that meeting very well. I recall KIN, Mr. CLELAND, Mr. LEVIN, Mr. KENNEDY, criminal anti-shredding provisions in the majority leader—back at the time Mr. BIDEN, Mr. FEINGOLD, Mr. MILLER, Mr. federal law. As we say in the Arthur of Enron, before WorldCom and these EDWARDS, Mrs. BOXER, Mr. CORZINE, and Mr. Andersen case, even the most straight- other business scandals came forward— KERRY, proposes an amendment numbered 4174. forward obstruction of justice cases expressing his concern that not only is can be difficult to prove under current this a blight on the business commu- (The amendment is printed in today’s law. nity, it is a blight on our system of RECORD under ‘‘Text of Amendments.’’) Senator LEAHY’s bill closes the loop- doing things. He also spoke about how Mr. DASCHLE. Madam President, on holes and makes document destruction terrible it was for those people, not behalf of Senator LEAHY and others, I in fraud cases an unambiguous crime. only workers who had their pensions offer this amendment which is iden- The amendment does not just protect tied up in the fortunes of the compa- tical to the Corporate and Criminal ‘‘paper evidence,’’ it also protects valu- nies they are working with and are re- Fraud Accountability Act, S. 2010, able testimony from people. For the lying on for truthfulness—what they passed unanimously by the Judiciary first time, the Leahy bill creates fed- assumed is the truthfulness—of the ac- Committee some time ago. eral protection for whistleblowers. Peo- counting statements of those compa- I view the Leahy amendment as a ple like Sherron Watkins of Enron will nies, but also many other people who necessary complement to the Sarbanes be protected from reprisal for the first invest, whether it is a farmer in South bill. In fact, I think of them as two time under federal law. This bill is Dakota or a merchant in a small town parts of a vital whole—one element going to help prosecutors gain impor- in Vermont who is putting savings in guarantees the truth and honesty of tant insider testimony on fraud and and hoping this will be part of his re- corporate accounting. The other is a put a permanent dent in the ‘‘corporate tirement. deterrent. It says that corporate mis- code of silence.’’ The majority leader made it very representation will be forcefully pun- Finally, the amendment will protect ished—with jail time. clear to all of us that we were to set victims of fraud. By extending the time politics aside, we were to set any kind We need both. We need to improve period during which victims can bring oversight and independence of the ac- of special interests aside, and we were cases to recoup their losses, the Leahy to bring up the best legislation possible counting profession and hold corporate bill removes the reward for those fraud wrongdoers accountable for their ac- for the people of America. That was artists who are especially gifted at con- what Senator DASCHLE charged us to tions. cealing what they’ve done for lengthy We need to act comprehensively to do, and that is what I am trying to do periods of time. with this amendment. fulfill our promise to the American Cases where victims have lost their people that integrity, honesty, and ac- We have excellent accounting reform entire life savings should be decided on legislation, S. 2673, crafted by Chair- countability will be restored to our the merits, not based on procedural man SARBANES and the Senate Banking markets. hurdles that may now be used to throw Committee. I commend Senator SAR- Last week Senator LEAHY and I legitimate victims out of court. wrote to the President requesting his BANES and the other members of the The Leahy bill also prevents fraud Banking Committee—for their bipar- views on this bill and the Sarbanes ac- artists from declaring bankruptcy to counting reform bill. tisan leadership. Senator SARBANES shut out their victims. The amendment had people on both sides of the aisle Unfortunately, the President has not would accomplish this by making secu- answered our letter yet. But I hope to come out with this legislation, and I rity fraud debts nondischargeable in am proud to cosponsor it. hear today—and I think we need to bankruptcy. hear today—that he supports and will Again, the Leahy provisions enjoyed My amendment is to add to Senator sign both. broad bipartisan support in the Judici- SARBANES’ legislation, not to detract We welcome the President’s apparent ary Committee when passed unani- from it. As he knows, I offered to add new enthusiasm for reforming our cor- mously in April. They are needed now a criminal penalty and other provisions porate culture, and we look forward to more than ever, as the number and that are within the jurisdiction of the working with him. magnitude of corporate misstatements Judiciary Committee. The administration needs to under- continues to pile up and the lost jobs, My amendment is cosponsored by stand that the time for half measures lost pensions, and ruined lives continue Senator MCCAIN and the majority lead- has long passed. The American people to mount. er, Senators DURBIN, HARKIN, CLELAND, expect and deserve comprehensive re- We must act to punish criminals, no LEVIN, KENNEDY, BIDEN, FEINGOLD, MIL- form. matter what color their collar. I hope LER, EDWARDS, BOXER, CORZINE, KERRY, Combining the Leahy bill and the all Senators will support this amend- SCHUMER and BROWNBACK. Our amend- Sarbanes bill accomplishes just that. ment. ment is identical to S. 2010, the Cor- The Sarbanes bill revamps the regu- Madam President, the country will porate and Criminal Fraud Account- latory structure that protects our mar- be listening intently to what the Presi- ability Act that was reported unani- kets. There will be better rules and a dent says this morning. A crucial test mously by both Republicans and Demo- new oversight body to send corpora- will be whether he explicitly supports— crats in the Judiciary Committee on tions and accountants a clear message and pledges to sign—the Sarbanes bill April 25. that they must tell the truth on their with the Leahy legislation attached. Again, following the very clear direc- balance sheets. We cannot restore confidence in the in- tion the distinguished majority leader The Leahy bill is every bit as vital. tegrity of our markets with anything gave us when he said we have to pro- Let me summarize a few of its provi- else. tect the people of this country, we have sions very quickly. The amendment Senator LEAHY is on the floor. to make sure corporate America can do has three aims: punishing criminals; Mr. LEAHY. Will the majority leader its best to help our economy, this preserving evidence; and protecting yield? would create tough new penalties for victims. Mr. DASCHLE. Yes. securities fraud and would preserve evi- The Leahy amendment punishes The PRESIDING OFFICER. The Sen- dence of fraud to make sure there is ac- criminals by creating a tough new 10- ator from Vermont is recognized. countability for crimes that not only year felony for securities fraud. It pro- Mr. LEAHY. Madam President, I very cheat investors but rob the markets vides prosecutors with a new tool that much appreciate what my good friend, themselves of the public trust. The is flexible enough to keep up with the the distinguished majority leader, has markets have stolen the public’s trust.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6438 CONGRESSIONAL RECORD — SENATE July 9, 2002 According to press reports, President agree, in his experience, that nothing The PRESIDING OFFICER. Is there Bush has changed his mind on cor- would focus the attention more of objection? porate reform and may support new those executives who have defrauded Mr. LEAHY. I object. penalties for corporate fraud, and I their own companies and investors The PRESIDING OFFICER. Objec- welcome the President’s change of than the idea that they would actually tion is heard. The clerk will continue. heart. The Corporate and Criminal go to jail for it, and not walk off with The assistant legislative clerk con- Fraud Accountability Act creates hundreds of millions of dollars? tinued with the reading of the amend- tough, new, criminal penalties for cor- Mr. DASCHLE. Madam President, it ment. The PRESIDING OFFICER. The Sen- porate fraud, and Senator DASCHLE and is for that reason that I believe this I have written to the President asking package ought to be viewed in its en- ator from Vermont. Mr. LEAHY. Madam President, I for his support. tirety. The Sarbanes bill lays out the want to make sure people understand The time for watching and hand- framework. The Leahy bill lays out the what the Leahy-McCain amendment is. wringing is over. We have to take ac- penalties for violating that framework. I realize there may be those who want tion to start the slow but critical proc- So I don’t know that you can have one to amend it to make life easier. without the other and not have a com- ess of restoring confidence in the books The PRESIDING OFFICER. Will the plete package. of our publicly traded companies. Senator from Vermont suspend? The The collapse of Enron has become a So I appreciate very much the work regular order is the reading of the symbol of a corporate culture where of the Judiciary Committee, and the amendment. greed has been inflated and account- chair of the Judiciary Committee espe- Mr. LEAHY. I ask unanimous con- ability devalued. Unfortunately, Enron cially, for the work in allowing this sent that the reading of the amend- is no longer alone. Joined by Arthur package to come to the floor. I thank ment be dispensed with. Andersen, Global Crossing, Tyco, him again for the contributions he The PRESIDING OFFICER. Is there Xerox, and, most recently, WorldCom, made. objection to calling off the reading of the misrepresentations about the fi- Several Senators addressed the the amendment? Without objection, it nancial health of our Nation’s largest Chair. is so ordered. companies have shaken confidence in Mr. LEAHY. Madam President, I seek The amendment is as follows: our financial markets. recognition in my own right. The PRESIDING OFFICER. The Sen- (Purpose: To provide for certification of fi- If we do nothing to learn and apply nancial reports by labor organizations and the repeated lessons of the last ator from Texas is recognized. to improve quality and transparency in fi- months, we are only going to com- AMENDMENT NO. 4175 TO AMENDMENT NO. 4174 nancial reporting and independent audits pound the problem. That was obviously Mr. GRAMM. Madam President, I and accounting services for labor organiza- the belief of the unanimous Judiciary send an amendment to the desk. tions) Committee vote when the committee The PRESIDING OFFICER. The At the end of the amendment add the fol- approved S. 2010. Innocent consumers, clerk will report. lowing: investors, and employees depend on Mr. LEAHY. Madam President, par- SEC. 302. CORPORATE AND LABOR ORGANIZA- TION RESPONSIBILITY FOR FINAN- stock investments for their children’s liamentary inquiry. The PRESIDING OFFICER. The Sen- CIAL REPORTS AND DISCLOSURE college funds, for their retirement nest REQUIREMENTS. eggs, and for their savings. Every week ator from Vermont. (a) FINANCIAL REPORTS.— Mr. LEAHY. What is the rule on rec- brings news of a new financial scandal. (1) CERTIFICATION OF REPORTS.— ognition? Is it not the Senator who Just look at the effect on the stock (A) CERTIFICATION OF PERIODIC REPORTS.— seeks recognition first? Each periodic report containing financial market. It has been devastating. This The PRESIDING OFFICER. The statements filed by an issuer with the Com- has repercussions not just for compa- Chair understands that the managers mission pursuant to section 13(a) or 15(d) of nies that depend on our capital mar- of the amendment are entitled to be the Securities Exchange Act of 1934 (15 kets to grow their businesses and our recognized. U.S.C. 78m(a) or 78o(d)) shall be accompanied economy, but certainly also for the av- Mr. LEAHY. On my amendment? by a written statement by the chief execu- erage American family. More than one tive officer and chief financial officer (or the May I be recognized on my own amend- equivalent thereof) of the issuer. in every two Americans invest in our ment which is pending before the financial markets, and they are watch- (B) CERTIFICATION OF FINANCIAL REPORTS BY Chair? Is that correct? LABOR ORGANIZATIONS.— ing what we do here. They deserve ac- The PRESIDING OFFICER. The (i) IN GENERAL.—Each financial report filed tion. managers of the legislation have pri- by a labor organization with the Secretary of Those who defraud investors should ority. Labor pursuant to section 201(b) of the be held accountable for their crimes. Mr. LEAHY addressed the Chair. Labor-Management Reporting and Disclo- The Leahy-McCain amendment, the The PRESIDING OFFICER. The Sen- sure Act of 1959 (29 U.S.C. 431(b)) shall be ac- Corporate and Criminal Fraud Ac- ator from Texas, the manager of the companied by a written statement by the countability Act, is all about account- underlying bill. president and secretary-treasurer (or the ability and transparency—two bed- Mr. LEAHY. Would the managers of equivalent thereof) of the labor organization. rocks of our market. (ii) DEFINITION.—In this subparagraph, the the amendment include the distin- term ‘‘labor organization’’ has the meaning The PRESIDING OFFICER. The guished senior Senator from Kentucky? given the term in section 3 of the Labor- Chair states that the majority leader Is he one of the managers? Management Reporting and Disclosure Act has yielded for a question only while The PRESIDING OFFICER. The of 1959 (29 U.S.C. 402). retaining the floor. Is that the intent managers of the legislation are the (2) CONTENT.—The statement required by of the majority leader? Senator from Maryland and the Sen- paragraph (1) shall certify the appropriate- Mr. DASCHLE. Madam President, it ator from Texas. ness of the financial statements and disclo- was my intention to yield for a ques- Mr. LEAHY. The distinguished Pre- sures contained in the periodic report or fi- tion, but I thank the distinguished siding Officer has recognized, however, nancial report, and that those financial statements and disclosures fairly present, in chair of the Judiciary Committee for the Senator from Kentucky. all material respects, the operations and fi- his extraordinary leadership and the ef- The PRESIDING OFFICER. The nancial condition of the issuer or labor orga- fort he has made to bring this legisla- Chair has recognized the Senator from nization. tion to the floor. Texas. The clerk will report the (3) CONFORMING AMENDMENT.—Section This is the Leahy amendment and, as amendment. 201(b) of the Labor-Management Reporting I noted, it passed unanimously in large The assistant legislative clerk read and Disclosure Act of 1959 is amended, in the measure because I think he was able to as follows: matter preceding paragraph (1), by inserting ‘‘(and accompanied by the statement de- work with our colleagues on both sides The Senator from Texas [Mr. GRAMM], for scribed in section 302(a)(1)(B) of the Public of the aisle. Mr. MCCONNELL, proposes an amendment numbered 4175 to amendment No. 4174. Company Accounting Reform and Investor I am happy to yield the floor so he Protection Act of 2002)’’ after ‘‘officers’’. and others may seek recognition. Mr. GRAMM. Madam President, I ask (b) REPORTING REQUIREMENTS.— Mr. LEAHY. My question would be unanimous consent that the reading of (1) FINANCIAL REPORTING FOR LABOR ORGANI- this to the majority leader: Would he the amendment be dispensed with. ZATIONS EQUIVALENT TO REQUIRED REPORTING

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6439 OF PUBLIC COMPANIES.—Section 201 of the ‘‘(3) The recovery and statute of limitation As one who was a prosecutor, I was Labor-Management Reporting and Disclo- provisions of subsections (b) and (c) of sec- surprised to learn that unlike bank sure Act of 1959 (29 U.S.C. 431) is amended by tion 18 of the Securities Exchange Act of 1934 fraud, health care fraud, and even adding at the end the following: (15 U.S.C. 78r) shall apply for purposes of any bankruptcy fraud, there is no specific ‘‘(d)(1) In the case of a labor organization action under this subsection. with gross annual receipts for the fiscal year ‘‘(d) In any action arising under subsection Federal crime of securities fraud to in an amount equal to $200,000 or more, the (c) or (d) or in connection with any provision protect victims of fraud related to pub- information required under this section shall of section 201(d), the provisions of section licly traded companies. be reported using financial reporting proce- 27(c) of the Securities Act of 1933 (15 U.S.C. Can you imagine, Madam President, dures comparable to procedures required for 77z–1(c)) regarding abusive litigation shall while all this talk has been going on, it periodic and annual reports of public compa- apply.’’. turns out there is no specific crime of nies pursuant to sections 12(g), 13, and 15 of (3) REGULATIONS.—Not later than 1 year securities fraud. This bill would create the Securities and Exchange Act of 1934 (15 after the date of enactment of this Act, the such a felony with a tough 10-year jail U.S.C. 78l(g), 78m, and 78o). Secretary of Labor, shall promulgate such ‘‘(2)(A) Such information shall be reviewed regulations as the Secretary determines nec- sentence. by a certified public accountant using gen- essary to carry out the provisions and pur- The amendment provides for a review erally accepted auditing standards applica- poses of this subsection (including the of the existing sentencing guidelines ble to reporting companies under the Securi- amendments made by this subsection) and to for fraud cases and for organizational ties and Exchange Act of 1934. ensure the provisions of this subsection are misconduct to make them tougher as ‘‘(B) Such audit shall be conducted subject carried out in a manner comparable to the well. to requirements comparable to the require- manner any similar provisions are carried The new crimes and enhanced crimi- ments under section 10A of the Securities out by the Securities and Exchange Commis- Exchange Act of 1934 (15 U.S.C. 78j–1). sion. nal penalties in this bill were worked ‘‘(3) Such information shall be reported out among Senators HATCH, SCHUMER, using generally accepted accounting proce- The PRESIDING OFFICER. The Sen- and me, and unanimously supported by dures comparable to the procedures required ator from Vermont. the Judiciary Committee, and I thank Mr. LEAHY. Madam President, so for public companies under sections 12(g), 13, Senators HATCH and SCHUMER for their and 15 of the Securities and Exchange Act of people understand what the Leahy- support. 1934 (15 U.S.C. 78l(g), 78m, and 78o). McCain amendment is, it is the Cor- ‘‘(4) The authority provided under this sub- The Leahy-McCain amendment also porate and Criminal Accountability creates two new anti-shredding pen- section shall be in addition to the authority Act. It is about accountability, and it provided under subsection (b) and section alties which set clear requirements for is about transparency. I think every- 208, regarding reporting procedures and re- preserving financial audit guides and view of information required under this sec- body—investors, corporate managers, close loopholes in current anti-shred- tion.’’. or anybody else—will tell you that ac- ding laws. (2) REMEDIES AND PENALTIES FOR VIOLA- countability and transparency are the These provisions close loopholes in TIONS OF REPORTING REQUIREMENTS.—Section bedrock of our economy, of our mar- 210 of the Labor-Management Reporting and current laws and set a clear require- kets. ment that corporate audit documents Disclosure Act of 1959 (29 U.S.C. 440) is If one is going to invest in a com- must be saved for 5 years. We, inciden- amended— pany, one wants to know what the (A) by striking ‘‘Whenever’’ and inserting tally, picked that time period because company does and what the books say. ‘‘(a) Whenever’’; and that is the statute of limitation for One wants to be able to rely upon their (B) by adding at the end the following: most Federal crimes. reports. ‘‘(b)(1) If the Secretary finds, on the record These provisions are crucial in pre- after notice and opportunity for hearing, Transparency will instill confidence, venting recurrences of what happened that any person has willfully violated any and accountability helps enforce trans- at Arthur Andersen. provision of section 201(d), the Secretary parency and forthright financial deci- These provisions will preserve evi- may impose a civil monetary penalty in an sions. We do not just rely on the better dence that helps law enforcement offi- amount not to exceed the amount for any angels of our nature; we rely on the comparable violation under section 21B(b) of cers and prosecutors focus immediately fact that somebody is going to be there the Securities Exchange Act of 1934 (15 on the evidence. It takes a few minutes to enforce it. U.S.C. 78u–2). to warm up the shredder, but it can We cannot stop greed, but we can ‘‘(2) In the case of a violation of an audit- take years for prosecutors and victims ing requirement under section 201(d)(2) by a stop greed from succeeding. This bipar- to put together a case without key doc- public accountant, the Secretary may im- tisan amendment is going to send uments. pose a civil monetary penalty in the same wrongdoers to jail and save documents The amendment protects corporate manner as penalties are imposed under sec- from the shredder, and that sends a tion 10A(d) of the Securities Exchange Act of whistleblowers. Senator GRASSLEY and powerful and clear message to poten- 1934 (15 U.S.C. 78j–1(d)). I worked out these bipartisan measures tial wrongdoers: Don’t do it. ‘‘(3) For purposes of any action brought by in the Judiciary Committee. I thank The measure enjoys wide support. the Secretary under paragraph (1), any per- the Senator from Iowa for his assist- son who knowingly provides substantial as- The amendment is supported by law ance and his constant leadership over sistance to another person in violation of a enforcement officials, regulators, and the years on whistleblower rights. provision of section 201(d), or of any rule or numerous whistleblowers, and con- When sophisticated corporations set regulation issued under such section (includ- sumer protection advocates. I have let- up complex fraud schemes, corporate ing aiding, abetting, counseling, com- ters of support from these advocates, manding, or inducing such violation) shall be insiders are often the only ones who and I will, at the end of my statement, deemed to be in violation of such provision can disclose what happened and why. ask consent to print them in the to the same extent as the person to whom Unfortunately, the Enron case also RECORD. such assistance is provided. demonstrates the vulnerability of cor- ‘‘(c)(1) Any person who makes or causes to Let me summarize some of the provi- porate whistleblowers to retaliation be made any statement in any report or doc- sions. This bipartisan amendment has under current law. This is a memo ument required to be filed under section three prongs to restore accountability: from outside counsel to Enron manage- 201(d) which statement was at the time, and punishing and preventing fraud, pre- in the light of the circumstances under ment. They were afraid there might be serving the evidence of fraud, and pro- which it was made, false or misleading with a whistleblower. It said: tecting victims of fraud. respect to any material fact, shall be liable You also asked that I include in this com- to any person (not knowing that such state- S. 2010, as unanimously reported, accomplishes these goals in a number of munication a summary of the possible risks ment was false or misleading) who relied associated with discharging (or construc- upon such statement. A person seeking to ways. It is going to create a tough new tively discharging) employees who report al- enforce such liability may sue at law or in Federal felony for securities fraud for a legations of improper accounting practices. equity in any court of competent jurisdic- 10-year maximum penalty. The idea of Then he goes on to give them the tion. 10 years in the slammer is going to ‘‘(2) In any such suit the court may, in its good news: discretion, require an undertaking for the focus the attention of those who are Texas law does not currently protect cor- payment of the costs of such suit, and assess more interested in taking their money porate whistleblowers. The supreme court reasonable costs, including reasonable attor- and hiding it in offshore bank ac- has twice declined to create a cause of action neys’ fees, against either party litigant. counts. for whistleblowers who are discharged. . . .

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6440 CONGRESSIONAL RECORD — SENATE July 9, 2002 In other words, if they dare tell keep the money. That makes no sense. health of their own company, investor con- about corporate misdeeds, fire them, it Everywhere I went in the State of fidence and the nation’s economy. We hope is not going to hurt. Vermont last week, people were saying: we can count on your support to add this After this high-level employee of If I committed an act, if I stole some- state of the art whistleblower protection sys- Enron reported improper accounting thing, if I cash a bad check for $100, I tem in S. 2673. If you have any questions regarding the Leahy amendment, please call practices, the Enron executives were run the risk of going to jail. Tom Devine at GAP (202–408–0034 ext. 124), or not thinking about firing the account- But what do you do if you get $50 Doug Hartnett (ext. 136). ants who were doing wrong; they want- million or $100 million? You are home Sincerely, ed to fire the whistleblower, their own free. JIM MOORMAN, employee. Why? Because they were Criminal conduct deserves criminal Executive Director, TAF. pocketing the money. They were get- penalties. Corporate CEOs who rob TOM DEVINE, ting that money out to their bank ac- their company, who rob the pension Legal Director, GAP. counts as fast as they could, and they funds of their employees, who rob the did not want anybody to say so. trust of the American people, are NORTH AMERICAN SECURITIES The bipartisan whistleblower protec- criminals. They ought to go to jail. ADMINISTRATORS ASSOCIATIONS, INC., tions are supported by the National The steel bars, maybe that will give Washington, DC, July 5, 2002. Whistleblower Center, the Government a conscience to some of these people Hon. PATRICK LEAHY, Accountability Project, and Taxpayers like Kenneth Lay and others who obvi- Washington, DC. Against Fraud. They call S. 2010 ‘‘the ously do not have one. This gives pros- DEAR SENATOR LEAHY: NASAA supports S. single most effective measure possible ecutors, the investigators, and victims 2673, The Public Company Accounting Re- to prevent further recurrences. . . . ’’ the tools to hold corporate wrongdoers form and Investor Protection Act of 2002, and The measure lengthens the statute of accountable. opposes efforts to weaken its provisions. limitation by extending it from the The people who are involved in such State securities regulators believe there is an immediate need to restore investor con- earlier of 1 year from discovery or 3 massive criminal activity ought to fidence in our securities markets. years from the fraud to 2 years from pay. The American people ought to discovery or 5 years from the fraud. know they will have to pay. If they Passage of the Leahy amendment, which incorporates S. 2010, the Corporate and Senators FEINSTEIN and CANTWELL don’t, there will be a whole lot more worked hard to craft a fair compromise Criminal Fraud and Accountability Act of fraud. 2002, into the accounting reform bill would on this provision in the Judiciary Com- I ask unanimous consent to have a send a strong deterrent message to potential mittee. number of letters printed in the securities violators by providing prosecutors Indeed, the last two SEC Chairmen RECORD. with new and better tools to punish those from both parties, Arthur Levitt and There being no objection, the letters who defraud our nation’s investors. Our focus Richard Breeden, both agreed that the were ordered to be printed in the is on Section 4, which would prevent the dis- current short statute of limitations is RECORD, as follows: charge of certain debts in bankruptcy pro- unfair to fraud victims. TAXPAYERS AGAINST FRAUD, ceedings. At the present time, the bank- Attorney General Christine Gregoire Washington, DC. ruptcy code enables defendants who are testified before the Judiciary Com- GOVERNMENT ACCOUNTABILITY PROJECT, guilty of fraud and other securities viola- mittee in the Enron State pension fund Washington, DC, July 5, 2002. tions to thwart enforcement of the judg- litigation that the current short stat- DEAR SENATOR: The Government Account- ments and other awards that are issued in ute has forced some States to forego ability Project (GAP) and the Taxpayers these cases. claims against Enron. Against Fraud (TAF) reaffirm our support We support passage of the Leahy amend- for the Leahy Corporate and Criminal Fraud ment because it strengthens the ability of In Washington State alone, the short Accountability amendment to S. 2673, the regulators and individual investors to pre- statute of limitations could cost hard- Public Company Accounting Reform and In- vent the discharge of certain debts and hold working State employees—firefighters vestor Protection Act of 2002. defendants financially responsible for viola- and police officers—nearly $50 million Initially introduced as S. 2010, the Cor- tions of securities laws. This issue is of great in lost Enron investments. porate and Criminal Fraud Accountability Act, was unanimously reported by the Sen- interest to state securities regulators, and Last week, Xerox announced it was we hope you’ll support it on the Senate floor. restating its revenue back 5 years by ate Judiciary Committee on May 6, 2002. $6.4 billion. Madam President, as a law This amendment is a landmark proposal. It In addition, state securities regulators en- promises to make whistleblower protection student, I remember sitting in the gal- close Title V of S. 2673—Analyst Conflicts of the rule rather than the exception for those Interest—in its current form and strongly lery listening to the distinguished Sen- challenging betrayals of corporate fiduciary oppose any amendment to this title that ator from Illinois, Mr. Dirksen, give his duty enforced by the Securities and Ex- would reduce our ability to investigate well-known speech: ‘‘A billion here and change Commission. It would be the single wrongdoing and take appropriate enforce- a billion there, and soon you’re talking most effective measure to prevent ment actions against securities analysts. An about real money.’’ recurrences of the Enron and Worldcom amendment drafted by Morgan Stanley was Imagine a corporation claiming they debacles as well as similar threats to the na- circulated that, we believe, would have pro- made a mistake in their revenue of $6.4 tion’s financial markets, shareholders and hibited state securities regulators from im- billion for the past five years. The dis- pension holders. posing remedies upon firms that committed GAP is a nonprofit, nonpartisan public in- fraud, if it involved securities analysts and closures raise the specter of innocent terest law firm dedicate since 1976 to helping investors who, through no fault of their perhaps even broker-dealers that deal with whistleblowers, those employees who exer- individual investors. Clearly this approach is own, will be barred from recouping cise freedom of speech to bear witness ill-advised, especially in today’s climate. losses. against betrayals of public trust that they What message would be sent to Main Street We make the debt from security law discover on the job. GAP has led the cam- investors if the states’ investigative and en- paign for passage of nearly all federal whis- violations nondischargeable in bank- forcement authority were weakened? (Addi- tleblower laws over the last two decades. ruptcy. We protect fraud victims by tional information on this proposal was de- TAF is a nonprofit, nonpartisan public inter- amending the bankruptcy code to livered to your office last week.) est organization dedicated to combating make judgments and settlements based fraud against the Federal Government Please vote for passage of S. 2673, for the upon security law violations non- through promotion and use of the federal Leahy amendment, and against any amend- dischargeable. Corporate leaders False Claims Act and its qui tam whistle- ments to curtail state securities enforce- should not be allowed to take the blower provisions. TAF supports effective ment actions. money, run, file bankruptcy, and keep anti-fraud legislation at the federal and Sincerely, from ever paying any securities fraud state level. JOSEPH P. BORG, judgment. The State security regu- The Leahy amendment to S. 2673 is out- NASAA President, lators strongly support this change. standing good government legislation. It Alabama Securities closes the loopholes that have meant whis- Director. You cannot have one set of rules which tleblowers proceed at their own risk when CHRISTINE A. BRUENN, say if you steal $500 from a store, you warning Congress, shareholders, and their NASAA President- can go to jail. But if you steal $50 mil- own management’s Board Audit Committees elect, Maine Securi- lion from the corporate boardroom, of financial misconduct threatening the ties Administrator.

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AMERICAN FEDERATION OF LABOR ADOPTING A REALISTIC STATUTE OF U.S. PUBLIC INTEREST AND LIMITATIONS RESEARCH GROUP; CONGRESS OF INDUSTRIAL S. 2010 also increases the ability of de- Washington, DC, April 17, 2002. ORGANIZATION, frauded investors to recover their losses by No More Enrons—Support S. 2010, the Cor- Washington, DC, April 17, 2002. lengthening the statute of limitations. The porate and Criminal Fraud Account- Hon. PATRICK LEAHY, bill would set the statute of limitations to ability Act of 2002 Senate Judiciary Committee, Washington, DC. the earlier of 5 years after the date of the DEAR MEMBER OF THE SENATE JUDICIARY Legislative Alert! fraud or three years after the fraud was dis- COMMITTEE: We are writing on behalf of the DEAR SENATOR LEAHY: The sudden and covered. members of state Public Interest Research spectacular collapse of Enron has jeopard- Groups to urge your strong support for S. The current statute of limitations, the re- ized the retirement security of millions of 2010, the Corporate and Criminal Fraud Ac- sult of a 5–4 vote in a 1991 Supreme Court de- hardworking Americans and exposed sys- countability Act of 2002, sponsored by Sen- cision, sets up an unrealistically short time- temic failures of our securities laws. If we ator Patrick Leahy, when it comes before table for bringing private suits and needs to are to prevent future Enrons and restore the the Judiciary Committee for markup on be corrected. Former President Bush’s SEC credibility of America’s capital markets, ag- Tuesday. This proposal adds important pro- Chairman Richard Breeden, former President gressive reform is required. This week the visions to the civil and criminal law to both Clinton’s SEC Chairman Arthur Levitt, and Judiciary Committee will markup S. 2010, deter and, when necessary, punish securities state securities regulators have all supported the Corporate and Criminal Fraud Account- fraud. Please oppose weakening amend- an extension of the statute of limitations. ability Act of 2002, which is an important ments. Suits by defrauded investors have long part of this effort and deserves your support. S. 2010 takes the following important steps been recognized by securities regulators, in- The measures embodied in S. 2010 will help to strengthen enforcement and penalties for cluding former SEC Chairman Levitt, as an protect working families and their retire- securities fraud: important deterrent against fraud. More- ment funds from future Enrons by strength- It creates a new felony for the act of de- ening the penalties for securities and ac- over, securities fraud is often well-concealed and not readily apparent to investors until, frauding shareholders of publicly traded counting fraud, and destruction of audit pa- companies. pers. The bill provides strong civil and crimi- in some cases, years after the fraud has been committed. As Chairman Levitt testified in It creates a new felony for destruction of nal penalties for conduct such as document evidence or creation of evidence with intent shredding by auditors and conspiracies to de- 1995 before the Senate Banking Committee, ‘‘Extending the statute of limitations is war- to obstruct a federal agency or criminal in- fraud investors; and bars those who commit vestigation. securities fraud from using the bankruptcy ranted because many securities frauds are It provides whistleblower protection to em- system to avoid compensating the victims of inherently complex, and the law should not ployees of publicly traded companies when such fraud. It also lengthens the statute of reward the perpetrator of a fraud who suc- they act lawfully to disclose information limitations for civil lawsuits by the victims cessfully conceals its existence for more about fraudulent activities within their com- of securities fraud, making it more difficult than 3 years.’’ pany. for those who commit these crimes to escape Justices O’Connor and Kennedy, in their having to compensate their victims. vigorous dissent in the 1991 Supreme Court It enhances the ability of state attorneys general and the SEC to use civil RICO to en- S. 2010 is an important part of the com- case, also supported a longer statute of limi- force existing law; currently only the U.S. prehensive reforms Congress needs to enact tations. Justice Kennedy wrote, ‘‘The most attorney general has such authority cur- in response to the conflicts in the capital extensive and corrupt schemes may not be rently under RICO. markets exposed by the collapse of Enron. discovered within the time allowed for bring- The AFL–CIO urges you to support S. 2010 at ing an express cause of action under the 1934 Importantly, S. 2010 also increases the this week’s Judiciary Committee markup. Act. Ponzi schemes, for example, can main- ability of defrauded investors to recover Sincerely, tain the illusion of a profit-making enter- their losses by lengthening the statute of WILLIAM SAMUEL prise for years, and sophisticated investors limitations. The bill would reasonably and Director, Department may not be able to discover the fraud until sensibly set the statute of limitations to the of Legislation. long after its perpetration . . . By adoption earlier of 5 years after the date the fraud oc- of a three year period of response, the Court curred or three years after the fraud was dis- makes a 10(b) action all but a dead letter for covered. A securities law violation is often a CONSUMERS UNION, complex, multi-year enterprise. Indeed, Washington, DC. many injured investors who by no conceiv- Enron’s recent accounting restatements Re Support for S. 2010, the Corporate and able standard of fairness or practicality can went back five years. Under the fraudster- Criminal Fraud Accountability Act of be expected to file suit within three years friendly current law, some state pension 2002 after the violation occurred. In so doing, the Court also turns its back on the almost uni- fund claims against Enron may be time- CONSUMER FEDERATION OF AMERICA, form rule rejecting short periods of response barred. Washington, DC, April 16, 2002. for fraud-based actions.’’ S. 2010 includes numerous important inves- DEAR SENATOR: Consumers Union and the Indeed, some states’ pension funds may tor protection measures to assist whistle- Consumer Federation of America urge your have to forego claims against Enron for secu- blowers, fraud victims, and law enforcement support for S. 2010, the Corporate and Crimi- rities fraud that occurred in the late 1990s agencies. We urge your strong support for nal Fraud Accountability Act of 2002, spon- because of this short statute of limitations. this bill to help restore investor confidence sored by Senator Patrick Leahy, when it Washington State’s Attorney General dis- in the Judiciary Committee April 18. Please comes before the Judiciary Committee for cussed this problem when she testified before oppose weakening amendments. For more in- markup on Thursday. This proposal adds im- your Committee in February of this year. formation about the full state PIRG plat- portant provisions to the civil and criminal ‘‘In fact, for Washington State, our claim in form to protect employees, investors and laws, which will both, deter and when nec- the [Enron] case is for approximately $50 taxpayers from future Enron/Andersen essary, punish securities fraud. million, when in fact our losses are in excess debacles, please visit http:// ENHANCING ENFORCEMENT AND SANCTIONS FOR of $100 million. But because of the statute of www.enronwatchdog.org. Please contact me SECURITIES FRAUD limitations, we’re not able to make that with questions at either 202–546–9707x314 or S. 2010 takes the following important steps claim.’’ (underlining added). [email protected]. to strengthen enforcement and penalties for The current statute of limitations rewards Sincerely, securities fraud: those who are able to conceal their fraud for EDMUND MIERZWINSKI, It creates a new felony for the act of de- a relatively short time with immunity from Consumer Program Director. frauding shareholders of publicly traded private liability. It also includes a limit of companies. one-year from the time of discovery, which NATIONAL WHISTLEBLOWER CENTER, It creates a new felony for destruction of encourages a rush to the courthouse. Washington, DC, April 17, 2002. evidence or creation of evidence with intent The criminal conduct surrounding the col- Hon. MARIA CANTWELL, to obstruct a federal agency or criminal in- lapse of Enron, and the fact that many Senate Judiciary Committee, Washington, DC. vestigation. claims for fraud will be time-barred by the DEAR SENATOR CANTWELL: The National It provides whistleblower protection to em- current short statute of limitations, have Whistleblower Center strongly supports S. ployees of publicly traded companies when drawn attention to the need for reform. S. 2010, the Corporate and Criminal Fraud Ac- they act lawfully to disclose information 2010 includes important investor protection countability Act of 2002. This law would pro- about fraudulent activities within their com- measures. We urge your support for this bill tect employees who disclose Enron-related pany. in the Judiciary Committee April 18. fraud to the appropriate authorities. It enhances the ability of state attorneys Sincerely, One of the most notorious loopholes in cur- general and the SEC to use civil RICO to en- SALLY GREENBERG, rent whistleblower protection law exists force existing law; currently only the US at- Senior Counsel. under the securities laws, in which employ- torney general has such authority currently TRAVIS PLUNKETT, ees who report fraud against stockholders under RICO. Legislative Director. have no protection under federal law. It is

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6442 CONGRESSIONAL RECORD — SENATE July 9, 2002 truly tragic that employees who are wrong- We appreciate your efforts to enact this The amendment I sent to the desk re- fully discharged merely for reporting viola- important legislation. Please feel free to quires union financial statements to be tions of law, which may threaten the integ- contact us if we can provide further assist- audited by an independent accountant rity of pension funds or education-based sav- ance in this effort. using procedures that mirror those of ings accounts, have no federal protection. Sincerely, This point was made abundantly clear by Carla J. Stovall, Attorney General of public companies under Federal securi- the recently released internal memorandum Kansas, President of NAAG; Hardyress, ties laws. It imposes civil penalties for from attorneys for Enron. According to Attorney General of Oregon, Chairman, violations of these new auditing re- Enron’s own counsel, employees who were Enron Bankruptcy Working Group; quirements that mirror those imposed blowing the whistle on Enron’s misconduct Christine Gregsire, Attorney General on the Security Exchange Act of 1934. were not protected under federal law, and of Washington; William H. Sorrell, At- Third, it requires that the Union Presi- could be subject to termination. Unfortu- torney General of Vermont; Ms. Ed- dent and Secretary-Treasurer certify nately, the Enron attorney was correct. monds, Attorney General of Oklahoma, the accuracy of financial reports, mir- It is imperative that the next time a com- President-Elect of NAAG; Thurbert E. pany like Enron seeks advice from counsel as Baker, Attorney General of Georgia; roring a similar requirement for CEOs to whether they can fire an employee, like Betty D. Montgomery, Attorney Gen- and CFOs in the Sarbanes bill. Sharon Watkins (who merely disclosed po- eral of Ohio. We are debating how to better over- tential fraud on shareholders), the answer Mr. LEAHY. I appreciate the distin- see and enforce the audit requirements must be a resounding ‘‘no.’’ That can only guished majority leader introducing for large corporations that were first happen if the Corporate and Criminal Fraud established under the Securities Act of Accountability Act is enacted into law. this amendment and yielding to me. I yield the floor. 1933. It may shock many to learn that Respectfully submitted, labor unions are not even required to KRIS J. KOLESNIK, The PRESIDING OFFICER. The Sen- Executive Director. ator from Georgia. have independent audits of the finan- Mr. MILLER. I was going to send an cial statements they file with the De- NATIONAL ASSOCIATION amendment to the desk but I under- partment of Labor—or should I say OF ATTORNEY GENERAL, stand there is one pending. I ask unani- that they are required to file. Many Washington, DC, July 3, 2002. mous consent I have up to 8 minutes to unions apparently thumb their nose at DEAR SENATOR: It has come to my atten- discuss this amendment now, which I the requirement. A study by the Office tion that the substance of S. 2010, the Cor- of Labor Management Standards found poration and Criminal Fraud Accountability will send later. Act of 2002, will be offered as an amendment Mr. MCCONNELL. Reserving the that 34 percent of all unions filed late to S. 2673, the Public Company Accounting right to object, and I probably will not, financial reports or no reports at all. Reform and Investor Protection Act of 2002, I hoped for an opportunity to briefly If we are serious about protecting the as early as next week. explain the second-degree amendment investing public from the financial I have attached a letter to Senator LEAHY that is pending at the desk. If the Sen- fraud of corporations and accountants, from seven Attorneys General written last ator thinks it might be helpful just to we should be equally serious about pro- April in support of the substance of S. 2010, determine the order of discussion, per- tecting the day-to-day American work- in order to make these views known as you er—the plumbers, the machinists, the consider this legislation. haps it is more appropriate to discuss If you have any questions or concerns, the amendment that is pending over longshoremen, and the steelworkers— please feel free to call Blair Tinkle, NAAG’s one that might have been pending. from the financial fraud of union offi- Legislative Director at 202–326–6258. Mr. MILLER. The Senator from Ken- cials. Sincerely, tucky is correct. I would like to get in One prominent union official re- LYNNE ROSS, the queue somewhere along the line. cently said that: Executive Director. Mr. REID. I ask the question of the Over the coming months you will no doubt Senator from Kentucky, How long does hear more about the Enron scandal and the NATIONAL ASSOCIATION OF the Senator from Kentucky wish to many thousands of people who have lost ATTORNEYS GENERAL, their pensions because of corporate greed. speak? Washington, DC, April 17, 2002. I agree with that. What we do not Hon. PATRICK LEAHY, Mr. MCCONNELL. I will be happy to Chairman, Senate Judiciary Committee, U.S. wrap up in 5 or 6 minutes. I want to hear enough of are the stories of union Senate, Washington, DC. summarize what the amendment is greed. It is only fair to share some of DEAR CHAIRMAN LEAHY: We would like to about. them today. I have a rather long list I take this opportunity to express our support Mr. SARBANES. Madam President, I will discuss later in the debate, but let for your bill, S. 2010, the Corporate and ask unanimous consent the Senator me cover a few of them in my allotted Criminal Fraud Accountability Act of 2002, from Kentucky be recognized for 5 min- time. We have heard of Arthur Ander- which is pending before the Senate. sen, but has anyone heard of Thomas As you know, the proposal would allow utes to speak to the second-degree state Attorney’s General to seek to enjoin amendment that has been offered, that Havey? That is the accounting firm racketeering activities under the federal is pending, and that be followed by the where a partner confessed to helping a RICO statute. Such added authority would Senator from Georgia to speak for 8 bookkeeper conceal the embezzlement enhance the ability of Attorneys General to minutes. of hundreds of thousands of dollars protect their citizens from unlawful activi- Mr. MURKOWSKI. Madam President, from a worker training fund of the ties by organizations both within and out- I wonder if I may be recognized after International Association of Iron- side the borders of our individual states. the sequence that has been discussed workers. And in an eerie parallel to the In addition, to restore accountability, S. Enron scandal, the Havey accountants 2010 provides prosecutors new and better for about 1 minute. tools to effectively prosecute and punish Mr. REID. I object. revealed startling information—10 criminals who defraud investors by: The PRESIDING OFFICER. Is there years ago, the then General Counsel for Creating a new, 10-year felony specifically an objection to the original request of the Ironworkers Union said that if the aimed at securities fraud. the Senator from Maryland? accounting firm refused to assist in the Enhancing fraud and obstruction of justice Mr. REID. I do not object to the union scheme to conceal financial mis- statutes where evidence is destroyed and in original 13 minutes. management, the accounting firm fraud cases, where there are many victims or The PRESIDING OFFICER. Without should be fired. Sadly, the accounting where any victim is financially devastated. Creating two new document destruction objection, it is so ordered. firm complied. felonies establishing a new felony shredding The Senator from Kentucky will pro- We have all heard of Global Crossing, crime and requiring the preservation of audit ceed. but has anyone heard of ULLICO? That documents for 5 years. Mr. MCCONNELL. I thank my friend is the multibillion-dollar insurance Creating new protections for corporate from Georgia. I will briefly discuss the company owned primarily by unions whistleblowers. second-degree amendment. I expect to and their members’ pension funds that Finally, the bill protects victims’ rights vote for the underlying bill, but we invested $7.6 million in Global Cross- by: Protecting securities fraud victims from ought to, in the name of equity, apply ing. Apparently, ULLICO directors re- discharge of their debts in bankruptcy. the same principles in the underlying ceived a sweetheart investment deal Extending the statute of limitations in se- bill we are seeking to apply to corpora- that allowed them to make millions on curities fraud cases. tions to labor unions. the sale of stock. The union pension

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6443 funds, however, dried up with Global Mr. MCCONNELL. I expect I could that the understanding of the Senator Crossing’s demise. find out from the Secretary of Labor, from Vermont? There is much more. An accountant but I chose not to do that. Mr. LEAHY. Reserving the right to within the National Association of Let- Mr. GRAMM. I don’t know whether object, I want to make sure I fully un- ter Carriers embezzled more than $3.2 you could or not. derstand. What is the request? million from union funds over an 8- Mr. MCCONNELL. She has her job The PRESIDING OFFICER. There is year period to buy 8 cars, 2 boats, 3 jet and I have mine. no request pending. Mr. LEAHY. I am sorry. I thought skis, a riding mower, and 105 collect- AMENDMENT NO. 4176 there was a request to lay aside my able dolls. A former official of the La- The PRESIDING OFFICER. The Sen- amendment. borers’ Union District Council in Or- ator from Georgia is recognized under egon, Idaho, and Wyoming is in jail for The PRESIDING OFFICER. That re- the previous order. quest has been granted. accepting hundreds of thousands of dol- Mr. MILLER. Madam President, I lars in kickbacks for directing money Mr. LEAHY. But then my—what is ask unanimous consent the pending the parliamentary situation with my into a ponzi-like investment scheme amendment be temporarily set aside so that defrauded Oregon labor unions of amendment? Maybe that is the best I be allowed to offer an amendment. way to ask it. $355 million. The PRESIDING OFFICER. Is there I have a number of additional exam- The PRESIDING OFFICER. The Sen- objection to the request? Without ob- ator from Georgia obtained the consent ples that I wish to get to later, but I do jection, it is so ordered. to set aside the pending amendment in want to say in summary, again, what The clerk will report. order to offer a first-degree amend- my amendment is about, just so every- The bill clerk read as follows: ment. one will understand as we move subse- The Senator from Georgia [Mr. MILLER] Mr. LEAHY. I understand. quently to a vote. It first requires proposes an amendment numbered 4176. Mr. SARBANES. Would the call for union financial statements to be au- Mr. MILLER. Madam President, I the regular order at the completion of dited by an independent accountant ask unanimous consent the reading of the statement of the Senator from using procedures that mirror those of the amendment be dispensed with. Georgia, or disposition of his amend- public companies under the Federal se- The PRESIDING OFFICER. Without ment, bring back before the body the curities laws; second, it imposes civil objection, it is so ordered. Leahy amendment? penalties for violations of these new The amendment is as follows: The PRESIDING OFFICER. Yes, it auditing requirements that mirror would. those imposed under the Securities Ex- (Purpose: To amend the Internal Revenue Code of 1986 to require the signing of cor- Mr. LEAHY. The Senator from Geor- change Act of 1934; and, third and fi- porate tax returns by the chief executive gia spoke to me earlier. I do not want nally, it requires that the Union Presi- officer of the corporation) in any way to interfere with that. I do dent and Secretary-Treasurer certify At the end add the following new title: want to accommodate him. I just want- the accuracy of their financial reports, TITLE VIII—CORPORATE TAX RETURNS ed to make sure, also for my own which mirrors a similar requirement schedule, where we stood. for CEOs and CFOs in the Sarbanes SEC. 801. SIGNING OF CORPORATE TAX RETURNS I thank the distinguished Presiding BY CHIEF EXECUTIVE OFFICER. bill. (a) IN GENERAL.—Section 6062 of the Inter- Officer and I thank the distinguished I yield the floor. nal Revenue Code of 1986 (relating to signing chairman of the committee and of Mr. SARBANES. Will the Senator of corporation returns) is amended by strik- course I thank the distinguished Sen- yield for a question? ing the first sentence and inserting the fol- ator from Georgia. Mr. MCCONNELL. Yes. lowing new sentence: ‘‘The return of a cor- Mr. MILLER. I thank the Senator Mr. SARBANES. Of course, there is a poration with respect to income shall be from Vermont and the Senator from special statutory arrangement that signed by the chief executive officer of such Texas. governs labor organizations. I take it corporation.’’. Madam President, there is a good old this proposal—has this come to us from (b) EXECUTIVE DATE.—The amendment boy from down in Georgia named Jerry the Department of Labor? made by this section shall apply to returns Reed, who went to Nashville several Mr. MCCONNELL. I say to the Sen- filed after the date of the enactment of this Act. years ago and made it big as a tremen- ator from Maryland, it did not come dous guitar picker, singer, and song- from the Department of Labor. It came Mr. GRAMM. Will the Senator yield? writer. He had a big hit a while back. There is a little bit of confusion. I from my office. This is something we Maybe some of you remember it. It was have been looking at over the last want to be sure he is setting aside the called ‘‘She Got the Gold Mine and I week or 10 days, thinking that, since entire amendment, the Leahy and the Got the Shaft.’’ the very worthwhile requirements of McConnell amendment, and he is offer- I thought about that song of Jerry corporations and accounting firms, ing a first-degree amendment? That is Reed’s as I watched what has happened under the bill of the Senator from what I understood when I talked to the lately on the corporate scene. The big Maryland, make sense if we are looking Senator and to what I had agreed. shots of Enron and WorldCom and oth- to protect investors, we should also The PRESIDING OFFICER. That is ers, they got the gold mine while the protect union members from similar the Chair’s understanding. poor employees and the innocent kinds of casual exploitation. Mr. SARBANES. No. What was the stockholders got the shaft. Mr. SARBANES. But under the Labor request? I thought the unanimous con- If a picture is worth a thousand Management Reporting and Disclosure sent request was to set aside the words, take a look at this gold mine. It Act, the Department has certain au- McConnell amendment and offer the was built partly on the backs of those thorities it can invoke in dealing with Miller amendment to the Leahy Georgia schoolteachers who, each the kind of problems the Senator has amendment. month, put their hard-earned money outlined. At least that is my under- Mr. GRAMM. It was the pending into the Georgia teachers’ retirement standing under the current state of the amendment. fund. The fund in Georgia lost $78 mil- law. Is that correct? Madam President, I wanted to be lion from Enron and another $6 million Mr. MCCONNELL. I don’t know what sure that we set aside both Leahy and from WorldCom. Think how many the position of the Department of McConnell. This is a new issue, a first- monthly contributions by how many Labor is on the amendment I am offer- degree amendment. That was the basis struggling teachers that represents. ing. But it is my belief that if the that I understood it on and on the basis And think about those other thousands amendment were not necessary, we of that I had no objection to it. of employees who have lost their life would not be offering it here today. The PRESIDING OFFICER. The savings, not even to mention the thou- This is something I am sure we are Chair understands the Senator from sands of employees who have lost their going to discuss further as we move Georgia was going to offer an amend- jobs—at least 450 jobs were wiped out along. ment that would be considered at a dif- in Georgia alone so far. Mr. SARBANES. I am sure the Sen- ferent time, an independent first-de- Yes, a few big shots got the gold ator would be able to find out from the gree amendment, to be spoken about mine and a lot of little folks got the Secretary. now and considered at a later time. Is shaft.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6444 CONGRESSIONAL RECORD — SENATE July 9, 2002 I am as probusiness as anyone in this He took the blame. He suffered the Mr. REID. Madam President, I sug- body. I yield to no officeholder when it consequences when things went bad. gest the absence of a quorum. comes to supporting business issues. As For some of today’s CEOs, it is just The PRESIDING OFFICER. The Governor and Senator, I have worked the opposite. They want no account- clerk will call the roll. to give tax cuts and tax incentives and ability. They shift the blame to others. The legislative clerk proceeded to pay for the training of their employ- They hide behind that corporate veil. call the roll. ees—all to provide a probusiness envi- And, it seems, they rarely if ever pay Mr. REID. Madam President, I ask ronment in which the entrepreneurial the consequences. unanimous consent the order for the spirit can thrive and prosper and create Their former workers cancel plans quorum call be rescinded. jobs. But, folks, there comes a time for their children to go to college while The PRESIDING OFFICER. Without when so much greed and so many lies they sip from champagne flutes in objection, it is so ordered. Mr. REID. Madam President, during become so bad—even if it is only by a their mansions in Boca and Aspen. the last little bit we have been working few—that something meaningful has to For these CEOs, Truman’s famous on an orderly way to proceed on this be done. We must act quickly to pro- sign has changed from ‘‘The Buck matter. We knew before the break that Stops Here’’ to ‘‘The Bucks Go Here.’’ tect the investor, provide some secu- the minority was going to bring this Our system of collecting taxes is rity for the worker, and restore con- matter up, and we did not know ex- based upon the premise that individual fidence in the marketplace because, actly when. make no mistake about it, today we taxpayers will take all steps necessary I spoke a couple times yesterday have a crisis in the integrity of cor- to ensure that the financial informa- with the distinguished Republican porate America. tion in the tax return is accurate. leader. I spoke to my colleague, Sen- If Joe Sixpack fudges the numbers, That is why I have worked with Sen- ator ENSIGN, on a number of occasions. ator SARBANES in perfecting his bill, he doesn’t get a pass from paying pen- And the day has arrived and the mo- and I strongly support it. I am pleased alties or going to jail. I find it out- tion has been made. As a result of that, rageous that the same is not a part of that it is before us this week. I also even though Senator ENSIGN and I are commend President Bush for making the mind set for those in the corporate extremely disappointed, this matter is the strong recommendations he is culture. now before us. It is here. going to be making in New York. If any CEO is not willing to sign the We think it would be best resolved as But I think we need to do at least company tax return—if they are not follows: I ask unanimous consent that one other thing, so I have a simple willing to take steps to satisfy them- there be 4 hours 30 minutes for debate amendment. It is only two short para- selves that their corporation is accu- on the pending motion to proceed, graphs in length, but it goes to the rately reporting financial informa- equally divided between Senator REID very essence of fairness. It simply says tion—then those CEOs have no right to of Nevada and Senator MURKOWSKI, or that, when the taxman cometh, we the prestige and respect that goes with their designees; that upon the use or all—workers and high-dollar bosses the position they hold. yielding back of that time, the Senate alike—must face him just alike, with- What is good for the goose is good for vote on the motion to proceed; that if out any go-betweens or liability fire- the gander. So I urge my colleagues to the motion to proceed is agreed to, walls or corporate veils. simply hold our CEOs to the same then H.J. Res. 87 be read a third time This is how it would work. There is a standard that we now impose upon our and the Senate vote on final passage of standard tax form called 1040. I know average wage earners. the joint resolution; that the motion to there are more sophisticated ones for Treat them the same, ‘‘Treat ’em’’ reconsider that vote be laid on the big business, but the principle I am the same. That is the American way. table, and the preceding all occur with- getting at is the same. This is what it That is what the voters out there want out any intervening action or debate. says: us to do and that is what they expect If I could say just one thing, Madam Under penalties of perjury, I declare that I us to do. ‘‘Treat ’em’’ the same. President, the reason that I felt so have examined this return and accom- And you can take that back home strongly, as did Senator ENSIGN, about panying schedules and statements, and to this summer and explain it. Some of this is it is important that Members the best of my knowledge and belief they are these other reforms, I fear, will be have the benefit of some debate prior true, correct and complete. more difficult to explain. to this most important vote. So that is And then it is signed here by Joe Treat ’em the same. the reason. I appreciate the general Sixpack. Joe Sixpack of America signs I yield the floor. tenure of what is going on here. I know those kinds of forms. There were more The PRESIDING OFFICER. The Sen- there are strong feelings on both sides. than 14 million of those forms filed in ator from Alaska. Nobody is happy with what we are April. If Joe Sixpack is required to sign f doing, but it is the best we could do. this oath for his family, why shouldn’t Mr. LOTT. Reserving the right to ob- S.J. RES. 34—APPROVAL OF YUCCA Josepheus Chardonnay be required to ject, Madam President. MOUNTAIN DEPOSITORY MOTION sign that same oath for his corpora- The PRESIDING OFFICER. The Re- TO PROCEED tion? publican leader. So my little amendment simply re- Mr. MURKOWSKI. Madam President, Mr. LOTT. I do reserve the right to quires that henceforth the chief execu- in accordance with the rules of the object but state in the beginning I tive officer of all publicly owned and Senate as set forth in the Nuclear would not and will not object. I think publicly traded corporations must sign Waste Policy Act, the chairman of the this is an appropriate way to proceed. the corporation’s annual Federal tax Energy Committee, Senator BINGAMAN, This is something that has been fully return. introduced S.J. Res. 34 on April 9. The disclosed to all on both sides of the ar- Currently, there is an IRS rule that Committee on Energy and Natural Re- gument. We certainly understand and corporations can designate any cor- sources held 3 days of hearings. On respect the desire of the Senators from porate officer to sign their tax return. June 5, the measure was favorably re- Nevada, Mr. REID and Mr. ENSIGN, to That will not get it. Let’s be specific. ported to the Senate. have an opportunity to make their case Let’s put it into law: The CEO is the As the ranking member of the En- and to maximize their effort against one who is to sign the tax return and ergy and Natural Resources Com- this proposal. must be accountable for it. mittee, pursuant to the recommenda- I also made it clear that it was the Where I come from it is expected that tions of the committee and in accord- intent of the proponents, with the lead- those being paid ‘‘to mind the store’’ ance with the rules of the Senate as set ership of Senator MURKOWSKI and oth- should at least know whether the store forth in the Nuclear Waste Policy Act ers on both sides of the aisle, that is losing or making money. that contemplates Senate action with- under the law there is a time limit. We Harry Truman had a sign on his desk in 90 days of introduction, I now move have to act on this issue by July 27 or, in the Oval Office that said, ‘‘The Buck to proceed to S.J. Res. 34. in fact, this proposal could not go for- Stops Here.’’ For Truman, it meant The PRESIDING OFFICER. The Sen- ward. The veto of the Governor, in ef- that he was accountable. ator from Nevada. fect, would be upheld by inaction.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6445 Not wanting to get squeezed down to tives, particularly given the oppor- of the information that I am going to the end of the session and having it un- tunity on both sides for 41⁄2 hours of de- talk about this morning on this proce- clear as to how we would proceed, we bate, and then expedite final disposi- dural vote—I will be talking more thought the fair thing to do to both tion so we can move on to other busi- about the substance of the issue this sides was to say on this Tuesday, we ness. I did want to point out, the mo- afternoon, but this morning on the pro- would move to proceed to the issue tion to proceed ordinarily is nondebat- cedural vote, a lot of the information which would be nondebatable unless able. has been gathered through hours and agreement was worked out to the con- I yield the floor. hours of research with the Congres- trary. The PRESIDING OFFICER. Is there sional Research Service, with the As a result of that being what our in- objection? former Parliamentarian of the Senate, tent was, the motion was made, and we The Senator from Nevada. Bob Dove, as well as several conversa- have now worked out this unanimous Mr. ENSIGN. Madam President, re- tions with the current Parliamen- consent agreement which is agreeable serving the right to object, and I will tarian. to all sides. There would be debate be- not object, I wanted to emphasize a I believe strongly this research is ac- fore the vote, and then there would be couple of points. First of all, Senator curate and that the precedent we will a vote on the motion to proceed which REID and I obviously vehemently op- be setting is a very dangerous prece- would be really, in fact, the vote. So pose this bill and oppose this bill even dent. being on the floor today. Given the re- this afternoon somewhere not later Today’s vote is not just about wheth- ality of what we were dealing with, we than 5:45, or perhaps earlier, as I under- er the Senate should allow nuclear knew that we could not delay this bill stand it—Senator REID can maybe waste to be dumped in Nevada. It is coming to the floor beyond the July 27 comment on this—there would be a also about the authority of the major- deadline that has been talked about. vote on the motion to proceed. ity leader, and the very meaning of a Because of that, we believed the proce- While nothing else is precluded, it Senate majority. dural vote was so important that we would be clearly my understanding According to the rules of the Senate, have some debate prior to the vote. As that it would not be necessary to have it is true, any member may offer a mo- Senator MURKOWSKI has pointed out, it a vote on final passage if the motion to tion to proceed to a bill or resolution. is a nondebatable motion. We appre- proceed is agreed to. Everybody under- In practice, we all know that’s not the ciate the cooperation of the other side stands that is the vote. We have way it works. The Senate isn’t gov- because it is such a precedent-setting checked on both sides of the aisle, and erned just by rules; it is also governed motion that we believed it was impor- this agreement is acceptable. That by traditions. And one of those tradi- would be the vote. tant to have the debate. We appreciate the cooperation for tions is that the majority leader—and Another good thing about this is it only the majority leader—can set the allows everybody to know when the this 41⁄2 hours of debate prior to the motion to proceed, understanding that Senate’s agenda by deciding which leg- critical vote will come. It also means, islation will be considered. As Senator instead of 10 hours, we will go 41⁄2 if our side loses that vote, it will auto- BYRD’s history of the Senate makes hours. There is no demand or desire matically go to a voice vote and nobody is going to request—although not clear, it is the exclusive role of the ma- that we go beyond that. Then we can jority leader to ‘‘determine what mat- get back to other business; hopefully, precluded—no one will request a recorded vote. ters or measures will be scheduled for defense-related appropriations bills and floor action and when.’’ the auditing bill and get that work I will not object at this time. That’s why—the rules notwith- done this week. The PRESIDING OFFICER. Is there standing—never in the history of the This is a fair way to proceed. Every- objection? Mr. REID. Madam President, it is my modern Senate has anyone—I repeat, body is on notice. I am glad to work understanding that the unanimous con- anyone—other than the majority lead- with the opponents and proponents to sent request has been accepted; is that er or his designee successfully offered a come to this agreement. motion to proceed with legislation. It With that statement, I withdraw my right? The PRESIDING OFFICER. The is simply not done. reservation of objection. The PRESIDING OFFICER. The Sen- Chair has asked if there is further ob- Why? Because if such a motion pre- ator from Nevada. jection to the request. vails without the majority leader’s Without objection, it is so ordered. Mr. REID. As the leader has indi- consent, then his office has been im- The Senator from Nevada. cated, both sides have sought to deter- paired. His ability to control the agen- ORDER FOR RECESS mine if there would be a requirement da of the Senate—which is the basis of Mr. REID. Madam President, I ask for a rollcall vote, and both sides have his power and that of the majority unanimous consent that the Senate come back no. If there is anyone who party—would be dealt a devastating stand in recess between the hours of attempts in the ensuing period to be blow. 12:30 and 2:15 today for the weekly mischievous in that regard for what- That is why Senators of the majority party conferences. ever reason, it would be very hard for party have always deferred to the ma- The PRESIDING OFFICER. Without jority leader’s authority to set the them to get a second for that vote. I objection, it is so ordered. think we should go forward on this Senate’s agenda—and have voted with Mr. REID. Madam President, I sug- him to protect this power even when basis. gest the absence of a quorum and ask The PRESIDING OFFICER. The Sen- they disagreed on the substance of the unanimous consent that the time not issue at hand. Because they know that ator from Alaska. be charged to either side as it will be Mr. MURKOWSKI. Madam President, if they lose, what is at stake is their for a short time. very power as the majority party. if let me echo the comments of the two The PRESIDING OFFICER. Without any Senator can set the Senate agenda, leaders relative to what we have before objection, it is so ordered. The clerk then all the minority has to do to hi- us. I would like to point out in the will call the roll. spirit of cooperation, the motion to The legislative clerk proceeded to jack the Senate agenda is convince a proceed is nondebatable. We have call the roll. handful of Senators from the majority agreed on a 41⁄2-hour time limit. It is Mr. ENSIGN. Madam President, I ask party to join them on any given issue. my anticipation that we will yield unanimous consent that the order for Indeed, that is why, from time to some time back. the quorum call be rescinded. time, the minority has sought to chal- I just wanted to point out the reality The PRESIDING OFFICER. Without lenge the majority leader’s power by that any Member could have brought objection, it is so ordered. offering motions to proceed. As a mat- this up for action. We worked with Who yields time? ter of fact, I believe the current major- Senator REID and the other concerned Mr. REID. Madam President, I yield ity leader did so when he was in the Senators trying to reach some accord. time to the Senator from Nevada. minority. He did so because he knew We think this is a fair and equitable ar- Mr. ENSIGN. Madam President, I the consequences if he succeeded. And rangement within the Senate preroga- start my remarks today by saying a lot those high stakes were the very reason

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6446 CONGRESSIONAL RECORD — SENATE July 9, 2002 he was unsuccessful—because the ma- out any motion to proceed being re- I yield the floor. jority party has always rallied around quired. Had the Senate wished to do so The PRESIDING OFFICER. Who its leader. in this case it could have followed the yields time? We call today’s vote a procedural language of the War Powers Resolu- The Senator from Alaska. vote. But it is in effect, a test of the tion, but it did not. Mr. MURKOWSKI. Madam President, power of the majority. Unlike this War Powers provision, I yield myself such time as I may re- That being said, I suspect few on the there is no requirement in the Nuclear quire. other side of the aisle are jumping at Waste Policy Act for Congress to take Let me first point out that it has the chance to proclaim the stakes in any action with regard to the Yucca been a long time coming. We have been this vote because they hope, perhaps, Mountain resolution. The procedure approximately 20 years on this issue of that no one will notice—that it will be spelled out in the Nuclear Waste Policy nuclear waste, and we are moving in an like a tree falling in the woods. If no Act is not required; it is merely per- orderly process, but I feel compelled to one hears, perhaps it will not make a mitted. In other words, it is left up to respond to my good friend from Nevada noise. the majority leader whether or not to on the point on which he most elo- But this vote will make a loud proceed. quently commented relative to the au- noise—and will change the way the Indeed, the Nuclear Waste Policy Act thority of the majority leader in cases Senate operates. It will do so because— anticipates that a vote on the Yucca of this nature. as of this moment—every Senator Mountain resolution might not occur I am going to comment on the mo- knows that even though the Standing that it might be blocked. That is why, tion to proceed, and I think what my rules of the Senate permit any Member if the deadline passes, then the statute colleagues need to understand is that can make a motion to proceed, no one giving the State of Nevada a veto will despite what has been said, we are pro- has ever done it successfully, save for have been carried out. That was part of ceeding under Senate rules, make no the majority leader or his designee. the 1982 compromise. mistake about it. This particular pro- After today, if the minority succeeds, The junior Senator from Alaska stat- vision was identified under procedures it will be a different story. Each Sen- ed that he does ‘‘not know that it real- set forth in the Nuclear Waste Policy ator will be able to decide how to inter- ly matters very much’’ who makes the Act. They were very carefully devel- pret the results. Will it be OK for any motion to proceed to the Yucca Moun- oped and adopted as part of the rule- Senator to offer a motion to proceed on tain resolution. making powers of the Senate. any bill or resolution? Or just meas- Well, I say that it does matter. It I quote that portion to address the ures considered under expedited proce- matters very much. The majority lead- concerns of my friend from Nevada. dures, such as this bill? Or just those er has made clear he opposes pro- They are deemed a part of the rules of the considered under expedited procedures ceeding with this legislation. He has Senate. which explicitly state that any mem- staked his reputation and his office on We are not excluding the rules of the this matter. I—and the people of Ne- ber can make a motion to proceed? Senate. We are not excluding the au- vada—appreciate his courage in doing Take your pick, Madam President. thority of the majority leader. This so. Like beauty, this precedent is in the procedure is deemed part of the Senate eye of the beholder. And that’s what So let me be clear: any Senator who offers a motion to proceed in this mat- rules. So I hope we can put to rest the makes it so dangerous. ter is posing a direct challenge to the matter that somehow we are violating Our opponents argue that this is a or circumventing Senate rules. unique circumstance. They are simply powers of any majority leader. For the majority leader to lose such a vote Some have objected to the provision wrong. The procedure in the Nuclear that allows any Member to make the Waste Policy Act is not unique. would be unprecedented. As I said, it may be in my interest as motion to proceed, but they forget, or There are many statutes containing perhaps ignore, the history of the pro- expedited procedures. And 6 expedited a member of the minority to see the majority leader lose such a vote. But vision and how integral it was to the procedures in current law, including 90-day limit on congressional consider- the Nuclear Waste Policy Act, contain the majority leader has put a lot on the line for Nevada, which is why I am ation. language that explicitly states that standing here today—a Republican This came before the Senate in 1979 ‘‘any Member of the Senate’’ may offer Senator—defending the prerogatives of and 1980 when the Senate and House the motion to proceed. That language the Democrat majority leader. were attempting to resolve this issue, merely restates the rules of the Senate. I am doing so because this issue is as we are today. That provision was Still no one has ever successfully done the most important matter for the considered and passed by the Senate. so without the express consent of the State of Nevada to come before the Further, it was included in the nu- majority leader. U.S. Senate. No single issue unites Ne- clear waste measure that was intro- There have been times when Congress vadans—no single issue transcends reduced in 1981 by then-Chairman Jim has determined that is appropriate to gion, political party, or industry—like McClure of Idaho, who had assumed the override the traditional power of the our fight against becoming the Na- chairmanship of the committee. It was majority leader to schedule the Sen- tion’s nuclear dumping ground. also included in legislation offered by ate’s agenda, and this is important In conclusion, let me restate how im- Congressman UDALL on the House side, when this has been the will of Con- portant the precedent we are setting and it was included in the substitute gress, Congress has passed legislation today is if the majority leader is over- amendments that were reported from like the National Emergencies Act and ruled. Every Senator needs to reflect the Energy Committee and the Envi- the War Powers Act to do so,. on this vote very carefully because this ronment and Public Works Committee The War Powers Act states that, vote could literally change the entire which had joint referral of the legisla- Any joint resolution or bill so reported way the Senate operates. Many people tion. (from Committee) shall become the pending believe this issue is vitally important. It was included in the legislation business of the House in question (in the case of the Senate the time for debate shall be Some of us believe it is wrongheaded, that passed the Senate in April and equally divided between the proponents and as I do. then was included in the final legisla- the opponents), and shall be voted on within Regardless of how one Senator feels tion that was enacted in December of three calendar days thereafter, unless such on this issue, the procedures of the 1982. It was part of the proposal in- House shall otherwise determine by yeas and Senate need to be preserved. The prece- sisted on by Senator Proxmire, Senator nays. dent set today will be a dangerous one Mitchell, and others who wanted a Madam President, unlike the War and the unintended consequences in stronger State veto provision. It was, Powers Resolution, the nuclear Waste the future could be very dire. I encour- in fact, what made work the com- Policy Act does not make the resolu- age all my fellow Senators to think promise suggested by Congressman Joe tion the pending business of the Sen- long and hard before they vote. It is Moakley, the chairman of the House ate. It does not take away the preroga- not just a vote on whether or not to Rules Committee. tive of the majority leader by making proceed on Yucca Mountain but a vote I find it somewhat off the point, if a resolution the pending business with- on violating the rules of the Senate. you will, and kind of a diversion that

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6447 some are speaking about violating the every opportunity to express their con- What we have in the transportation integrity of the Senate when we are cerns today. of nuclear waste is a number of historic moving a bill in line with what the I also advise my colleagues again examples of moving spent nuclear fuel. Senate had already adopted. Again, I that under the motion to proceed, We have had about 2,700 shipments in refer to the Nuclear Waste Policy Act which is nondebatable, we have agreed the last 30 years. The distance these and the manner in which this process to a reasonable debate, 41⁄2 hours. This have been shipped totals almost 2 mil- was considered under the rulemaking shows good faith on the part of those of lion miles. There has not been a single powers of the Senate, and included in us who believe this matter should be release of radioactivity. the rule are the words, ‘‘ . . . are brought to a head and resolved. Now, in other parts of the world—in deemed to be part of the rules of the As I indicated, the motion to proceed Europe—they have shipped over 70,000 Senate.’’ is nondebatable. We could have relied tons in the last 25 years. The estimates Let me comment briefly on the role on the statute to proceed, but we have are 175 shipments to Yucca Mountain of the majority leader. I have the ut- worked out a satisfactory compromise will take place over a 24-year period. I most respect for procedure and tradi- that is fair and equitable. I think the could go on and enlighten my friend at tions. As to the role of the majority method under which we are proceeding great length relative to the procedure, leader, there should be no misunder- is a fair one, given the circumstances, but I emphasize what we are doing standing that this process does not in but I want everyone to understand that today is giving the administration and any manner detract from his authority we have gone the extra mile to accom- the Secretary the authority to proceed or responsibility. By its very terms, modate procedure, the majority leader, with the licensing. The licensing will this process applies in the situation of each Member, and of course our friends address the transportation issue. a resolution of approval only under the from Nevada. I am happy to respond to further Nuclear Waste Policy Act and no other Provisions in the Nuclear Waste Pol- questions. situation. So no Member of this body icy Act are there to allow the leader to Mr. SPECTER. Madam President, my should be misled. This process applies decide that he would not make the mo- next question is, is the Senator from only to the situation of a resolution of tion to proceed but allow someone else Alaska in a position to respond to what to do it. I did that this morning by pro- approval under the Nuclear Waste Pol- the tonnage would be, over how long a posing the motion to proceed, and we icy Act. period of time, and how many ship- This resolution should not come as have now agreed on a procedure. ments there would be to handle the nu- We have a choice to make. The Sen- any surprise to any Member. All sides clear waste involved in the projection ate will today decide very simply have known this was coming since last for being a repository of Yucca Moun- whether we should permit the Sec- year. We certainly have not cir- tain? retary of Energy to apply for a license cumvented the procedure. Once the Mr. MURKOWSKI. That Department to operate a repository at Yucca Moun- Secretary of Energy made his rec- estimate is 175 annual shipments to tain. Yucca Mountain. ommendation to the President, we all Madam President, I am going to yield Mr. SPECTER. Over how long a pe- took out the calendars and figured out the floor at this time. that 90 days would expire sometime be- The PRESIDING OFFICER. The Sen- riod of time? Mr. MURKOWSKI. Over 24 years; fore the end of July, specifically July ator from Pennsylvania. 27. The majority leader was very much Who yields time? that is 4,300 shipments. In comparison aware of this timeframe. Madam Presi- Mr. SPECTER. Madam President, I to 300 million hazardous material ship- dent, that day fast approaches. inquire of the distinguished manager if ments that take place annually in the The chairman of the committee in- I may ask him a question or two. I dis- United States today with no notice troduced the resolution as required by cussed this with Senator MURKOWSKI. given because these are military ship- law, and we had a fairly good idea of Mr. MURKOWSKI. I will be happy to ments associated with the breakup of exactly when the Senate needed to act. respond to my friend from Pennsyl- reactors, most associated with our nu- Throughout the process—hearings, full vania. clear Navy fleet. committee consideration, and report- Mr. SPECTER. Madam President, I That is strict guidelines for the Nu- ing—the majority leader has been thank the distinguished Senator from clear Regulatory Commission and the aware of the status of the legislation Alaska. Department of Transportation. In tes- and the need for the Senate to act, in- The question of concern to this Sen- timony before the Senate Energy Com- deed, within the statutory timeframe. ator and I think many others is the mittee, both the NRC and the DOT tes- The majority leader has also been issue of safety in transporting this nu- tified they can and will take all pre- aware of the desire of the chairman of clear material. What are the plans in cautions necessary for safe and secure the committee and mine as ranking the general sense? That is, how will the transportation. As I am sure the Sen- member, together with other Members material be transported? By truck? By ator from Pennsylvania is aware, the of the Senate who support the resolu- rail? And in a general way, what will transportation is in nearly impen- tion, to find a time that was conven- the routes be? Will they pass through etrable casks. For every 1 ton of spent ient for him, given his responsibilities densely populated areas? fuel there are 4 tons of protective to schedule activities on the Senate Mr. MURKOWSKI. In response to the shielding. The casks have to pass the floor. Senator from Pennsylvania, under the test to ensure there will be no breach. The majority leader’s office, in fact, licensing process, I emphasize the ac- Tests show they can withstand a 120- proposed a unanimous consent request tion we are taking today does not ad- mile-per-hour crash into a concrete almost immediately after we reported dress the transportation system or the wall and prolonged exposure to fires at the resolution to the floor. We re- procedure associated with the trans- 1,475 degrees. sponded, and there have been several portation system. That would come Some of that will depend, of course, attempts to work out a suitable time under the licensing process which on routing and volume. But 175 ship- and schedule as well. takes place at a later time. ments is a responsible estimate. It should not come as a surprise, All we are authorizing today is the Annual numbers, as I indicated, de- Madam President. Everyone in the procedure to allow the Secretary to pend on transportation plans and the Senate knows what the issue is and apply for the license. So the licensing combination of truck or train is not what the issue is not. No one is trying process will in great detail examine all yet decided. This will be decided under to undermine the majority leader. No parameters associated with transpor- the licensing process. It is fair to say one is trying to circumvent the Senate tation safety, the manner in which the we will have another opportunity for rules. waste will be not only transported by input on the adequacy of the transpor- When I brought the nuclear waste rail and by truck but containers, and tation plan once the licensing process legislation to the floor last Congress, I the safety of the containers to ensure is undertaken. The action of the Sen- tried to fully accommodate the desires they can withstand any anticipated ex- ate today will lead to that next step. of my colleagues from Nevada, and I posure associated with derailment or Mr. SPECTER. Madam President, certainly intend to see that they have whatever. when I inquire as to the next step, the

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6448 CONGRESSIONAL RECORD — SENATE July 9, 2002 Senator from Alaska comments we will What we have is the very best Federal regulation of spent fuel transpor- have another opportunity to make an science, engineering, and technology to tation safety is shared by the U.S. Depart- inquiry. Will these procedures, if I may address the legitimate concerns of the ment of Transportation and the Nuclear Reg- inquire of the Senator—— Senator from Pennsylvania. I person- ulatory Commission. Mr. MURKOWSKI. It is my under- ally believe they have the expertise, It relates to the transportation of all standing—— the experience, and have certainly a hazardous materials. It further goes on Mr. SPECTER. Let me finish the record that suggests there has not been to say: question. an accident. It does not mean there For its part, NRC establishes design stand- Having been here for 22 years, having couldn’t be, but all the necessary pre- ards for the casks used to transport licensed come to the Senate the same day, we cautions within reason have been spent fuel, reviews and certifies cask designs can almost communicate without taken. prior to their use. Further, cask design, fab- speaking very much. But my question Of course, in comfort to the Senator rication, use and maintenance activities from Pennsylvania, again, we have le- must be conducted under an NRC-approved goes to the issue of another vote here. Quality Assurance Program. You say we will have another oppor- gitimate oversight of the agencies I NRC has reviewed and certified a number tunity. Will there be something pre- have named and will continue to have of package designs. . . . sented to the Senate where we have an and maintain that which I would hope We believe the safety protection provided opportunity to vote on our views as to would be sufficient to meet the con- by the current transportation regulatory the adequacy of the safety procedures? cerns of the Senator from Pennsyl- system is well established [and they] contin- Mr. MURKOWSKI. It is my under- vania. ually examine the transportation safety pro- standing there will not be another op- Mr. SPECTER. My final question re- gram. portunity for a vote. The licensing lates to the issue as to the precautions I think that pretty much addresses process is a procedure under the Nu- in the event, perhaps unlikely, that the input, the testimony at the hear- clear Regulatory Commission that will there would be an accident. What as- ings by those responsible for oversight. examine and certify the safety of the surances are there, if it should happen, Mr. SPECTER. Mr. President, I transportation mode, but there will not for example, in Russell, KS, my home- thank the Senator from Alaska for be another opportunity for a vote. town—what could happen in Alaska those responses. Under the rules of procedure we have could happen in the hometown of the Mr. MURKOWSKI. I yield the floor. outlined, this is quite explicit. It al- Senator from Alaska— The PRESIDING OFFICER (Mr. MIL- lows the licensing process to go ahead. Mr. MURKOWSKI. If I could respond, LER). Who yields time? The licensing process will determine I would almost make sure the waste Mr. ENSIGN. I wonder if the junior the adequacy of transportation and would not go through my State or Senator from Alaska will yield for a safety. We should recognize we have through Russell, KS. question. Nonetheless, it is a legitimate ques- moved nuclear waste, military waste— The PRESIDING OFFICER. The Sen- tion. In the Nuclear Regulatory Com- primarily military waste—throughout ator from Alaska. mission proceedings there is obviously the country for many years and have Mr. ENSIGN. Will the Senator yield work in progress where there would be done it successfully. There is no reason for a question? a response procedure associated with to believe we cannot use transpor- The PRESIDING OFFICER. Does the any inevitability of an accident at any tation methods we have and tech- Senator yield? time. That is part of the responsibility Mr. MURKOWSKI. I am happy to nology we have to move high-level nu- of the Nuclear Regulatory Commission, clear waste to one site as opposed to yield. and they would work, of course, with Mr. ENSIGN. While the Senator from leaving it in 131 sites in 34 States. Federal and State agencies to respond. Clearly, the Yucca Mountain provi- Pennsylvania is still here—this was It would involve the Department of sion which identifies it at one central part of the hearing. I think it is some- Transportation and the Department of thing important for us to get cleared location and without transportation, Energy. These procedures are already obviously, is going to have to stay in up. established. The 175 shipments per year the De- the States where it currently is lo- Again, recognizing the movement of partment of Energy—and you have cated, which were not designed for a this waste over a period of time, there mentioned this morning that has been permanent repository. would be an increased degree of sophis- a common number that has been tossed Mr. SPECTER. Madam President, an- tication because, unlike military around. The piece of paper I have in my other couple of questions. In the ab- waste, which moves with little notice, hand is page J–11. It is from the final sence of a vote, my question to the clearly it would be known when nu- EIS statement. I am sure your staff has Senator from Alaska would be, What clear waste was moving from reactors congressional oversight is possible? to the Yucca Mountain site so there a copy of this. This is part of the final Sometimes licensing procedures are would be special escorts, special proce- EIS statement from the Department of fine and sometimes they are not, but dures, and so forth, to safeguard it be- Energy, table J–1, a summary of the es- they do not have the assurance which cause it wouldn’t be done without the timated number of shipments for the this deliberative body can apply. knowledge, obviously, of the public. various inventory, national transpor- So my specific question is, What What precautions are taken are out- tation analysis scenario combinations. level of oversight would the Senator lined in the spent fuel transportation They go through the various types of from Alaska envisage with the licens- procedure, which has been put out by ways that we would ship and the mini- ing procedures? the Department of Energy, Office of mums and maximums. Mr. MURKOWSKI. I would like to Public Affairs. I would be happy to From what I understand, the 175 per give my friend from Pennsylvania the share this. year would be if every shipment was in comfort that suggests we are the par- It is a lengthy list of what pre- dedicated trains, which the Depart- ties in making a determination of safe- cautions the Government has taken in ment of Energy so far has been opposed ty. We certainly have the obligation of transportation routing. It covers rout- to because of the expense of dedicated oversight. But the appropriate agencies ing, it covers security, it covers track- trains. that have this responsibility are the ing, it covers coordination with State The other thing is that we have no Department of Energy, the Nuclear officials, as well as State participation. rail built in Nevada to make possible Regulatory Commission, and the De- It involves training procedures. It in- the rail segment or the rail scenario. partment of Transportation. volves what the Government is doing You have to have the rail built in Ne- They have the obligation to address, with emergency procedure assistance. vada to be able to go from rail to rail, if you will, transportation procedures, It identifies the specific States, pro- and there is no rail leading to the Ne- safety, routing, the manner in which posed routing, casks, and so forth. I am vada Test Site. casks are stored and safeguarded. It is further advised there is a certification The reason I bring this up, and the fair to say that the National Academy here by the Chairman, Mr. Meserve, of reason I would like at least to have of Sciences is a participant in the proc- the Nuclear Regulatory Commission. It this on the record as part of the Senate ess as well. reads as follows: debate is because it is huge amounts

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6449 more of shipments, from what I under- wants an extra 5 minutes now, or would a fact. It is something that is conjec- stand, unless it is all dedicated trains. he rather wait. ture, pure conjecture, from the Depart- Is that the Senator’s understanding? Mr. ENSIGN. Mr. President, 5 min- ment of Energy based on dedicated Mr. MURKOWSKI. I think, in re- utes now I would really appreciate. trains when they are not even putting sponse to my good friend from Nevada, Mr. REID. Mr. President, let me say that in their final EIS report. he has to understand where we are. The to my friend from Idaho that I hope the The Senator can answer it on my licensing plan will address the legiti- Senator from California will be here at time. If the Senator from Alaska would mate mass questions because there is that time. If she is not, I will yield. like to comment on that, I think it is no rail into the area. That is going to But Senator MURKOWSKI could yield very important to try to clear this up, come under the licensing plan. But some time. I yield 5 minutes to the because when the Department of En- there is a Union Pacific route that is Senator from Nevada. ergy testified, they certainly didn’t adjacent to the area. It would not be Mr. MURKOWSKI. Mr. President, clear this up in the committee. difficult to put a spur in. This was dis- what is the remaining time on either Mr. MURKOWSKI. This is an esti- cussed in hearings and so forth. side so we can start off anew relative mate. It is all it can possibly be at this Mr. ENSIGN. It is about 400 miles it to where we are? time because, clearly, we do not ship has to go, 300-some depending on the The PRESIDING OFFICER. The Sen- this material. We have had experience route, it may have to go, from the ator from Alaska controls 106 minutes, in shipping in the United States. We Union Pacific to the Nevada Test Site. and the Senator from Nevada controls had 2,996 shipments of spent fuel under Mr. MURKOWSKI. This line of con- 125 minutes. the authority of the Nuclear Regu- sideration, while appropriate, is really Mr. MURKOWSKI. Mr. President, I latory Commission from 1964 to the part of the transportation plan which understand that after the Senator from year 2000. We have shipped that waste will come out of the licensing proce- Nevada speaks, the Chair will recognize 1.7 million miles. There it is on the dure. That is not what we are here for the Senator from Idaho. chart. Low-level radioactive waste— today. We are here to advance the proc- Mr. REID. When the Senator from you can see it on the chart—896 ship- ess so the appropriate agencies can ad- California is here, I have explained to ments. That is what we have done in dress whether they are going to issue a the Senator from Idaho that she would the past. license. They might not issue a license. go first. I cannot in good conscience do any- But what we are doing is giving the au- Mr. MURKOWSKI. That is fine. thing more than submit what we have thority for the administration to pro- The PRESIDING OFFICER. The Sen- been given as an estimate of the num- ceed to try to obtain a license. That ator from Nevada. ber of shipments. I will not make a de- will be from the Department of Trans- Mr. ENSIGN. Mr. President, if the termination as to whether that is fac- portation, it will be from the Nuclear Senator from Alaska would engage, I tual, but it is their best estimate. Regulatory Commission, and it will be think it is an important part of our There is no reason to believe it should from the Department of Energy. And discussion. not be relatively accurate. they will address the questions of how The point I was making was that if a Mr. ENSIGN. Mr. President, reclaim- access is provided, whether it be by rail Senator were worried about transpor- ing my time, the Senator said there or certainly truck is available as well; tation coming through their State—it were the 175 shipments as a statement we can talk about these things, but seems to be one of the biggest issues, of fact. He said, as a matter of fact, he these are all proposals that are going and I think it should be one of the big- is relatively sure of that statement. to be addressed in due course. gest issues, if people are thinking Because he said he was relatively sure Mr. ENSIGN. Mr. President, if the about the way to vote on this issue—it of that statement—— Senator will continue to yield, the rea- is important to know how many ship- Mr. MURKOWSKI. I think in this in- son I brought it up and the reason I ments, or approximately how many terpretation I used the word ‘‘esti- thought the question of the Senator shipments, or the types of shipments mate’’—an estimate. It is all it can from Pennsylvania was so appropriate that are going to be coming through possibly be. It couldn’t be anything is because this stuff that may be pro- the State. else other than an estimate because it posed is very important, first of all, be- As the Senator from Alaska has said, is has not shipped. cause the cost of rail is not included in that is going to be determined in the Mr. ENSIGN. Except, according to the Nuclear Waste Policy Act. The cost future. But as was pointed out, the the EIS—and I don’t know whether the of the rail into the Nevada Test Site is only chance for the Senator from Penn- Senator will address the EIS—on dedi- not in the budgetary projections. sylvania to vote is today. Today is the cated rail, it is around 175 shipments The second thing is that if a Senator only chance to vote on whether or not per year. According to their EIS, they is voting on whether this thing is going I have 20 shipments coming through don’t use 175. That is only if it is dedi- through—in other words, if I am a Sen- my State or whether I may have 100 cated rail. ator from Pennsylvania, and I have a shipments coming through my State. Mr. MURKOWSKI. If I may respond couple of nuclear powerplants, but I The numbers can be that different. to the Senator from Nevada, that may know I have a lot more shipments may Once again, based on table J–1 on be only dedicated rail. There are other be coming through my State—if I page J–11, in the final EIS report, if we alternatives other than rail. think there are only going to be 20 have a mostly truck scenario just on Mr. ENSIGN. Correct. shipments a year through my State one of those proposed actions, we Mr. MURKOWSKI. What those might versus maybe 1,000 shipments through would have 52,000 shipments over the will be determined by the licensing my State, that may make a difference period of time that Yucca Mountain is process. But I would encourage my colon how I would vote. open. Under mostly rail, we would have leagues to recognize the reality here: Mr. MURKOWSKI. Mr. President, if I around 11,000 shipments. When we have Do we want this waste to stay where it could point out, I do not mind respond- dedicated trains, the numbers go way is or do we want to move it to one cen- ing to questions, but we are dividing down. But these aren’t dealing with tral repository? You don’t get it to a time here. It is important, if the Sen- dedicated trains. In fact, the final EIS central repository and out of the ator from Nevada wants to speak, it is Department of Energy report did not States unless you move it. on his time. contain dedicated trains. Mr. ENSIGN. Mr. President, I under- Mr. ENSIGN. That is fine. If Senator That is the reason I was asking the stand my time is up. I think this is an REID has control of the time, it is fine question and why I wanted to get it important question which we will have with us. cleared up. If we don’t know we are to deal with a little more this after- The PRESIDING OFFICER. The Sen- going to be using dedicated trains, how noon. I yield the floor so the Senator ator from Nevada. can the Senator from Alaska and oth- from Idaho can be recognized. Mr. REID. Mr. President, Senator ers, including the Senator from Penn- Mr. REID. Mr. President, the Senator BOXER is due here any minute. I was sylvania, say there are 175 shipments from California is not here. I ask the waiting for her to speak. She is not per year? We toss that number around Senator from Alaska to yield time to here. I ask my friend from Nevada if he as if it is a fact when, in fact, it is not the Senator from Idaho.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6450 CONGRESSIONAL RECORD — SENATE July 9, 2002 Mr. MURKOWSKI. Mr. President, total State prerogative because this is erating power-generating facilities who might I ask how much time the Sen- a national issue of very real impor- have paid into a fund to take us this ator from Idaho is going to require? tance. And that is why we are on the far, a fund that continues to grow, and Mr. CRAIG. I will consume the re- floor today. a fund that will, in large part, finance mainder of the time. We can debate procedure, if we want. the construction and the operation of Mr. MURKOWSKI. I yield the re- But I think that is clear and it has this facility. mainder of the time for this morning been well established, and several Par- So we are taking the next step, the to the Senator from Alaska. liamentarians argue on either side of important step. I must tell you, a vote The PRESIDING OFFICER. The Sen- the case. today on a motion to proceed is a vote ator from Idaho is recognized for 15 What is clear is a law, and a law to take the step or to not step at all. If minutes. clearly stating and a law being passed we do not, we step back 20 years—20 Mr. CRAIG. Mr. President, already by the Congress itself and signed by a years—into a debate about how to this morning we have seen an example President. That is what is important. manage high-level nuclear waste with of the kind of record that is attempting It is from that law that we act today. commercial facilities, and temporary to be made in part by the Senator from But because, as the Senator from Ne- repositories filling up with waste as we Nevada who would, first, argue a proce- vada has spoken, we wanted and we be- speak. dural issue that I and others, including lieved it most important to accommo- Do we say, if we do not speak today, renown Parliamentarians, argue does date my colleagues from Nevada—as I there will be no future for the nuclear not exist. Clearly, the Nuclear Waste would want to be accommodated if this industry in this country? Well, we cer- Policy Act of 1982 established an ex- were happening in my State—we have tainly say we have no resolution of traordinary procedure—not a prece- given that kind of flexibility inside the how to manage its high-level waste dent-setting procedure. Parliamentar- law by a unanimous consent. And it is stream, except to leave it in well over ians have agreed that is the case. under that action that we are currently 100 facilities spread across 39 States. Will the States then respond by al- But even today, as the Senator from debating Senate Joint Resolution 34. Alaska has mentioned, we have been What are we doing today? We are lowing additional repositories to be willing to shape that to accommodate taking another step forward. This ac- built in those States when they were the Senators from Nevada to allow de- tion today does not, in itself, establish promised that those were the only re- bate on a motion to proceed prior to a deep geologic repository for high- positories and that high-level waste that vote. Clearly, the majority leader level nuclear waste at Yucca Mountain would move out and move to a perma- was not engaged on the floor. He al- in Nevada. It says that we, the Senate, nent repository, as the Congress de- ready engaged us by saying he would agree with the Department of Energy cided, in a single location? Those are not schedule a vote. He has walked that a certification process has gone the unknowns. But what is known today is that the away from his responsibility, if in fact forward to determine the minimum 20 percent of the electrical energy of it was there. I would argue that it was standards and capabilities of geology this country that is generated through not there. Any Senator, by an act of and water tables and all of those kinds nuclear reactors is the cleanest elec- Congress and by the law of the United of things to meet tremendously high trical energy outside of hydro in the States, could have done this. level protocol, and now we hand it United States. Some who are concerned When we talk about precedent-set- forth into the next step, and that is li- ting action on the floor of the Senate about climate change and want even censure. cleaner energy—and this Nation de- as it relates to the rules of the Senate, The Senator from Pennsylvania is manding even higher volumes of high- we talk about the normal processes of concerned about transportation, as he quality electrical energy—are recog- configuring the schedule. I agree with should be. But the Senator from Alas- nizing that, at least under current and the junior Senator from Nevada on ka responded appropriately. That is immediate-future technology, the nu- that statement. This is not a prece- part of a very meticulous effort at li- clear industry is the right industry to dent-setting action today. In fact, I censing a facility, how it will be con- turn to for advanced generation. think those who have observed it have structed, under what conditions it will So do we want to walk away from recognized the kind of flexibility and be constructed, how the waste will that industry today, as we will if we give and take and the responsibility move from the State of Pennsylvania vote down a motion to proceed? Or do that this Senate had to take under the or from the State of Idaho to that fa- we want to take a step forward in a li- 1982 law. cility. censing process that says the whole in- I believe the record will be complete. Yes, we have ample oversight capac- dustry can move to, potentially, a fu- I do not believe that complete record in ity and capability, and we ought to ex- ture opportunity of producing 25 or 30 any way can or will demonstrate that ercise it. I serve on the Energy Com- or 40 percent of our electric energy future Parliamentarians would argue mittee from which this resolution needs of this country in a clean and re- that a precedent has been set. Quite came. I want to make sure the Nuclear sponsible fashion? the opposite has happened. The Senate Regulatory Commission handles that Let me talk for a few moments about of the United States voted in 1982 to es- transportation portion of the licensing transportation. I do not fear transpor- tablish a process. Therefore, the Senate well. We also have multiple jurisdic- tation. The reason I do not fear trans- collectively spoke. It was clear in its tions—the Department of Transpor- portation is the history of transpor- speaking that a motion could be tation. Therefore, Environment and tation of radioactive materials and placed. And the reason they did that Public Works will have some say in high-level waste in this country. There was very clear. They did not want a oversight. have been 2,700 shipments, over the last single person, a majority leader, Demo- Will there be another action or an- 30 years, of spent nuclear fuel; some 300 crat or Republican, blocking the re- other vote? No. That is not prescribed million hazardous and radioactive ship- sponsibility of the Federal Government within the law. But I also know the ments annually in this country; and as it related to a necessary step in the State of Nevada is not through either. there are currently about 3 million process of determining whether this They will exert phenomenal oversight, shipments annually of radioactive ma- Nation would establish a deep geologic, as they should, as this process goes for- terial in this country. So there is a lot high-level waste nuclear repository; ward if—if—the Nuclear Regulatory of movement going on. that it was more important than one Commission determines that a license So why the alarm? It is a tactic. It is Senator, in that case the majority is appropriate for this facility under all an alarmist political tactic to try to leader. of these kinds of conditions. kill this very effort. Should we be con- It set in place a time schedule. It I would suggest that we have also cerned about transportation? You bet even gave the State of Nevada—the two spent $4 billion. And $4 billion is an im- we should. But we have a very good Senators are on the floor speaking in portant figure. It was not our money. record to date of a lot of movement of behalf of phenomenal power—the power It was not taxpayer money. It was rate- nuclear waste in this country and ra- to veto. They have vetoed this. But payers’ money from the 39 States that dioactive material in a safe and sound even in that case, it did not allow a have commercial nuclear reactors op- fashion.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6451 The reason is quite clear: Because very kind of thing to happen. I hope Americans. We should have such a plan the Federal Government has demanded this afternoon, when we have an oppor- in place before moving forward on a from day one that those shipments be tunity to vote on the motion to pro- permanent repository plan. done in extraordinary ways, extraor- ceed, which, in fact, is a vote on wheth- It is unacceptable to me as a Senator dinary super-built containers, much of er we will allow the process to go for- that the Department of Energy has ig- it traveling by rail. The high-level ward, a majority of the Senate will nored the very real and daunting task waste that comes to Idaho is naval vote in favor of that motion to proceed. of developing a secure, comprehensive waste. It comes by rail. But the low- I yield the floor. transportation plan before seeking to level waste that leaves Idaho leaves by f authorize the Yucca Mountain site. highways in very well designed, tre- The simple fact is, the Congress RECESS mendously strong containers, and well- should not be considering nor should managed, selected routes, all of it guid- The PRESIDING OFFICER. Under the DOE have recommended authoriza- ed and monitored by GPS. It is tremen- the previous order, the Senate stands tion of the Yucca Mountain site before dously safe today as that waste goes in recess until 2:15 p.m. State and local officials were consulted from Idaho to the Waste Isolation Pilot Thereupon, at 12:30 p.m., the Senate and a comprehensive transportation Plant in Carlsbad, NM. recessed until 2:15 p.m. and reassem- plan has been finalized which takes Yes, we have a right to be concerned, bled when called to order by the Pre- into account their concerns and the but we do not have a right to use alarm siding Officer (Ms. STABENOW). people they represent. and fear where they should not exist. f Madam President, even though the Department of Energy has had years to But we have a right to do what is re- APPROVAL OF YUCCA MOUNTAIN develop such a plan, they don’t have sponsible to keep it out of our popu- REPOSITORY—MOTION TO PRO- one. By the way, I thank Secretary lated areas, to move it in appropriate CEED—Continued fashions in less populated ways. Abraham. I have talked with him over The Senator from Nevada speaks The PRESIDING OFFICER. The Sen- the phone. He has been very gracious, about rail and an appropriate and safe ator from Minnesota. and I appreciate that. But when he tes- way to handle it, well demonstrated, Mr. WELLSTONE. Madam President, tified May 16, 2002, that the ‘‘Depart- well proved. And the Nuclear Regu- I yield myself 15 minutes. ment is just beginning to formulate its latory Commission may well want even The PRESIDING OFFICER. Without preliminary thoughts about a transpor- enhanced containers. But what I would objection, it is so ordered. tation plan,’’ to me, that is not enough suggest is that if we fail to act today Mr. WELLSTONE. Madam President, for my State or the country. to determine the next step, and many the Senate today is faced with an im- The Department spent $7 billion of these utilities go to a private loca- portant decision about whether to ship looking into Yucca Mountain geology tion and establish a private reposi- extremely hazardous, high-level nu- but less than $2 million on the trans- tory—as some are now contemplating— clear waste to a permanent repository portation of the nuclear waste. That then there is a strong possibility that, in Yucca Mountain. Let there be no works out at less than $10 million a in a much less regulated way, in a doubt in anyone’s mind, I would like to year for the last 20 years. This is a fun- much less orchestrated and monitored see this nuclear waste shipped safely damental flaw in the Department’s ap- way, we will see nuclear waste moving out of Minnesota. I wish I could respon- proach. So, to me, failing to plan for across this country simply because we sibly vote to support this resolution. I the safe and secure transport of nu- failed to act and failed to organize and regret that I cannot today vote in clear waste before approving the repos- failed to respond to a highly regulated, favor. itory site would be irresponsible. highly controlled, and highly mon- I have consistently said that before I recognize the industry has had a itored transportation system. the Department of Energy and the Con- generally safe record of transporting Those are the realities of where we gress make a final judgment that we small amounts of nuclear waste over are today with this industry and where are ready to begin shipping high-level the last 35 years. But shipments to we are today with the volume of nu- nuclear waste to a repository, there Yucca Mountain would be at an unclear waste, high-level spent fuel nu- should be a carefully thought out, de- precedented level. The Department of clear waste that is building up in re- tailed plan in place, approved by the Energy estimates that transportation positories across the country. It isn’t NRC and the DOE, to transport this ra- to a central repository could involve damned if you do and damned if you dioactive waste and to manage all of the shipment of more than 46,000 tons don’t. It is a responsible and important the risks associated with that trans- of high-level radioactive nuclear waste step to take to move this resolution portation. across 40 States in 53,000 trucks or through to a licensing procedure which Although it has had over 30 years to 20,000 railcars. It is worth noting that will then have full transparency, which do so, the Department of Energy has even if the shipments were to begin will then have the ability of the Senate failed to develop such a safe—I empha- today, there are more than 200 million of the United States and the House to size ‘‘safe’’—waste transportation plan. Americans living in the 700-plus coun- do the kind of oversight necessary to While I want this high-level nuclear ties that are traversed by DOE’s poten- make sure that we can recognize what waste out of our State and think Yucca tial roads and rail lines. The popu- both Senators from Nevada, who are in Mountain may very well be the most lation is only going to grow, and grow the Chamber, need: The best assurance sensible location, I don’t think we more quickly, during the time DOE possible, in a zero sum game, if you can should move forward and commit our- needs to move nuclear waste across the get there, that this has been done to selves irrevocably until we have all of country. the maximum capability of the engi- the transportation and security issues Beginning in 2010, the DOE estimates neering talent of the best we have to addressed. that over 1,000 truck and rail ship- offer. Therefore, I have come to the conclu- ments of nuclear waste could well trav- The 10,000-year protocol established sion, through a careful examination of el through Minnesota, through our all of those kinds of things that meet congressional testimony, meetings most populated cities and towns such the standards that are so critically with DOE officials, including the Sec- as Minneapolis-St. Paul, Mankato, necessary to do what is right and re- retary of Energy, State energy officials Rochester, and the Twin City suburbs. sponsible for this country: store our and local leaders, that there are too So 683,000—looking at the proposed high-level waste in a deep geologic re- many uncertainties, too many unre- route—Minnesotans would live within 1 pository; cause the next step to hap- solved issues, and the risks are simply mile; 2,213,612 Minnesotans would live pen; advance the future of the nuclear too high for the citizens of Minnesota. within 5 miles; 3,121,718 Minnesotans industry; advance clean electrical en- I cannot now support this resolution. would live within 20 miles. That is ergy for our country well into the fu- We urgently need to develop a com- about half of the State’s population. ture. prehensive waste transportation plan This raises a very important and yet It is a responsible act that the Sen- and policy that protects the health and unanswered set of questions about the ate undertakes today to allow that safety of local communities and all risks of possible accidents or terrorist

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6452 CONGRESSIONAL RECORD — SENATE July 9, 2002 attacks, and how local communities fails to eliminate Minnesota’s nuclear portation System,’’ which I think en- through which the waste would travel waste. Nationwide, when the Yucca compasses a good deal of the concerns would manage the risk. That is why Mountain project is completed, there of the Senator from Minnesota. I en- the Conference of Mayors passed a res- will roughly be the same amount of courage that he review it at his leisure. olution just this past June expressing high-level nuclear waste at power- I also remind my colleagues that the serious concerns about the issue and plants across the country as there is issue before us is simply licensing and urging the Congress to prohibit the today. We simply cannot afford to the authority that this body gives the transport of waste until all cities—I in- overlook the real and pressing security Department of Energy to proceed with clude Minnesota cities and towns— concerns inherent with the transpor- the license. That licensing process will along the proposed transportation tation of this fuel, nor can we ignore legitimately conclude in an evaluation route have been consulted and have re- the fact that the next generation will of the adequacy of the transportation ceived adequate training and equip- still be left with similar problems of proposals either by rail, road, or a comment to protect the public health and what to do with the waste. bination of both involving the Nuclear safety of the citizens in the event of an I will conclude this way. We urgently Regulatory Commission, the Depart- accident. need to achieve a real solution to our ment of Transportation, the Depart- Again, I thank the Department of storage problem with high-level nu- ment of Energy, and the National Energy and I thank the Secretary for clear waste, as opposed to forcing au- Academy of Sciences. They are judged his graciousness. Unfortunately, DOE thorization of Yucca Mountain before to be the best experts as opposed to has yet to hold any public meetings in there is a comprehensive plan for those of us who obviously are not nec- recent years in Minnesota on the topic transporting the waste safely and se- essarily specialists but generalists in of, again, where is this going to go, curely before it is in place. this area, although we have some ex- what kind of training is there going to I believe the Department of Energy pertise in legislation. be, and how are we going to prevent an needs to immediately begin a true col- I also remind my colleagues that this accident? To me, this is a key issue. laborative process, seeking broad-based is the formal process of some 20 years Example: The DOE environmental stakeholder input on the real chal- in evolution of addressing the proce- impact statement maintains that ship- lenges of transportation safety and dure to address the waste. ping high-level spent fuel casks on emergency preparedness. While the De- I am sensitive to the needs of my col- mixed general freight trains is accept- partment of Energy has elected to pro- leagues from Nevada who obviously do able. This would permit casks of high- ceed with significant questions remain- not want the waste in their State, but level nuclear waste to be mixed among ing unresolved, a comprehensive trans- I remind my friend from Minnesota cars of corn, soybeans, autoparts, and portation plan developed through a that there are 835 metric tons of nu- other goods. I am concerned that the consultative process would give DOE’s clear fuel stored in Minnesota in two DOE’s regulations appear to be market proposal for Yucca Mountain the credi- locations, and that Minnesota has driven; mixed freight trains are cheap- bility it now lacks. The DOE should three nuclear units—Prairie Island 1 er than dedicated trains. immediately organize a stakeholder and 2 and Monticello. As a consequence of the procedures As the American Association of Rail- task force to develop transportation we have initiated, there appears to be roads testified, DOE’s position is ‘‘driv- recommendations that include the ex- one of two solutions: We either proceed en, no doubt, by economic consider- perts on the ground, such as Governors and let the experts in the agencies ad- ation.’’ But the safe transportation of and their safety agencies, local elected dress a transportation plan in the se- these highly toxic materials must take officials of the large and small towns quence that has been laid out that fol- precedence over any cost consider- where the waste will travel, emergency lows after the licensing, or we are ations. I agree with the American As- preparedness experts, and public health going to be right back where we were sociation of Railroads that dedicated and safety officials, and develop a re- 20 years ago on what to do with the trains would be a safer and more pru- sponsible plan that would transport waste. I can assure my colleagues, no- dent alternative. I would like to have this waste safely before a final decision body wants it, but we have created it, that laid out for me before we have a is made. and we have an obligation to take care final vote on the repository. I believe there are a whole host of of it. Madam President, I believe a trans- issues surrounding the transportation I would like to identify, so we can portation plan for nuclear waste ship- of nuclear waste material that must be move along in sequence, those speakers ments should have a ‘‘zero accident’’ addressed before final decisions are who have requested time on our side. goal, but as yet the DOE doesn’t even made on Yucca Mountain. We can We have Senator BINGAMAN, who has have a plan. A zero accident goal would make the decision next year or the asked for 10 minutes; Senator THOMAS, reflect a culture in which safety is year after. That would be fine with some 8 to 10 minutes; Senator CRAPO, 5 paramount and drives all aspects of the me—if these concerns can be met first. minutes; Senator KYL, 10 minutes. I transportation system. That goal en- Unfortunately, the administration would like to reserve some time for courages a culture of safety. has elected to force the issue before all myself, about 20 minutes. I know there are safety concerns these concerns can be sufficiently ad- The PRESIDING OFFICER. The Sen- about these materials being stored dressed. I want to be able to support ator from Nevada. where they are. The Department of En- this resolution. I would like to be able Mr. REID. Madam President, I will ergy has argued that we need to con- to vote to move the high-level nuclear say quickly that this document about solidate this waste in one location. But waste out of Minnesota. But I cannot, which my friend from Alaska refers is that argument overlooks the fact that in good conscience, do this before there not worth the paper on which it is writ- authorization of Yucca Mountain as a is a comprehensive plan in place to pro- ten. It talks about 4,300 shipments on permanent repository doesn’t solve tect Minnesotans as this radioactive trains—they have no trains at Yucca these concerns. The only reactors that waste is moved through our State to Mountain, 100 miles from any train. will get rid of their waste completely, Yucca Mountain, and from our State to This piece of trash—and that is what it according to the DOE, are those that Yucca Mountain. is—is typical of what the Department are closed today—and those are not in I think forcing the issue before such of Energy has done. It is one big lie Minnesota. a comprehensive plan is in place would after one big lie. According to the draft environmental be a serious mistake, and that is why I As indicated by anyone who looks at impact statement prepared by DOE, intend to vote no on this resolution. it, there are 292 reports that they did the Monticello and Prairie Island reac- The PRESIDING OFFICER. The Sen- not even wait to see what the answers tors will still have 111 and 344 metric ator from Alaska is recognized. would be. The General Accounting Of- tons of high-level nuclear waste, re- Mr. MURKOWSKI. Madam President, fice said that, not some radical envi- spectively, onsite when Yucca Moun- while I have the attention of the Sen- ronmental group—the General Ac- tain is full. ator from Minnesota, the Department counting Office. So the statements of Despite what the proponents would of Energy did a comprehensive analysis my friend from Minnesota are directly have us believe, the DOE’s proposal called ‘‘The Spent Nuclear Fuel Trans- on point. This means nothing.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6453 Madam President, in keeping with to have one repository. They will con- I was not here in 1982 when the law having some degree of preciseness on tinue to have 131, plus the mobile was passed, but clearly the lawmakers the floor—I will be happy to yield some Chernobyls that will be all over Amer- intended, and I believe wisely so, that time to my friend—I am going to yield ica on trucks, barges, and trains. Congress’s final review of this project 10 minutes in a minute to the Senator I yield 10 minutes to the Senator would be within 90 days, or very short- from Minnesota and then it is my un- from Minnesota. ly before the Department of Energy derstanding the Senator from Alaska The PRESIDING OFFICER. The Sen- made its application to the Nuclear will yield 10 minutes to the Senator ator from Minnesota. Regulatory Commission; in other from New Mexico, and following that, I Mr. DAYTON. I thank the Chair. words, after all the testing and design will yield 10 minutes to the Senator Madam President, I thank my very and evaluation had been completed. distinguished colleague from Nevada from California, Mrs. BOXER, who al- Today we can do nothing more, if we most made it here this morning. Then for granting me time. I join with my are so inclined, to say it looks OK or it senior colleague from the State of Min- if the Senator from Alaska has some- does not look OK. A lot more has to be nesota who spoke very eloquently be- body who wishes to speak, that is fine; done. fore me. I have come independently to otherwise, I will yield time to the Pre- As the Senator from Nevada pointed the same conclusion as he that I will siding Officer, who will be out of the out correctly, the Department of En- vote against designating Yucca Moun- chair at that time, just to give an idea ergy has still almost 200 tests and as- tain as a national nuclear waste reposi- of how we are proceeding. sessments remaining that it agreed, tory at this time. How much time does the Senator itself, with the Nuclear Regulatory I do so because there are simply too Commission would have to be com- from Minnesota wish before I yield to many unanswered questions, untested pleted before the Department of En- his colleague? designs, and unproven procedures to Mr. WELLSTONE. I say to the Sen- ergy could even submit an acceptable approve a project that has such enor- ator from Nevada, 1 minute. application for site construction to the mous consequences. Mr. REID. I yield my friend 2 min- Building a safe and secure storage Nuclear Regulatory Commission. Just utes. site at Yucca Mountain and then filling to develop an acceptable application, it Mr. WELLSTONE. Mr. President, I it with some 77,000 tons of nuclear has to complete some 200 more assess- say to my colleague from Alaska, I waste will take the next 30 to 40 years. ments. Then the Nuclear Regulatory have over and over—my position is a That is the rest of my generation’s life- Commission has up to 4 years to re- somewhat different position than the time. view. There is no one else who has the Senator from Nevada—over and over I Throughout those three and four dec- expertise beyond ours and is associated have said do not separate Yucca Moun- ades, the design, the construction, the with this project who maintains it is tain; you already put $7 billion into it. loading, the unloading, and the safe even ready to begin to be considered. Why not lay out a comprehensive plan transportation of over 150,000 pounds of Why are we put in a position of acting about how you are going to transport extremely poisonous nuclear waste on it today? Why even consider approv- this safely to Yucca Mountain? That must all be done perfectly—at least al- ing it today? has been my issue over and over. I have most perfectly. One accident, one rup- Given those high standards that are asked the Department of Energy when ture, one attack would have dev- necessary, some of the recent critiques will there be such a plan? Two years? astating effects on the lives of people of expert advisory boards and commis- Three years? Four years? I think we today and for generations to follow, as sions are truly alarming. A January 24 are now talking about several years in one look at a victim of the Chernobyl letter of this year to Congress by the the future. nuclear accident would confirm. U.S. Nuclear Waste Technical Review I want to make it crystal clear to me That is the easy part, those 30 to 40 Board stated: that to vote for Yucca Mountain with- years. Now those 150,000 pounds or as The Board’s view is that the technical out those assurances, without the as- much as 200,000 pounds of radioactive basis for DOE’s repository performance esti- surances about how it is going to be waste has to be stored, contained, and mates is weak to moderate at this time. done safely, without the input of local isolated perfectly—almost perfectly— Weak to moderate is a long ways communities, without the commitment for thousands of years. from perfect. that people will be trained, without That it must be nearly perfect does In a September 18, 2001, letter to the any of those assurances whatsoever, it not mean it is unattainable or Chairman of the U.S. Nuclear Regu- seems to me to be not responsible. unsustainable, but it does mean that latory Commission, the Advisory Com- That is my first point. the standards for approval must be mittee on Nuclear Waste documented My second point is to one more time very high. The standards of reliability, its review of the Department of Ener- say to my colleague and say to all col- of proven technology, of public safety gy’s performance modeling called leagues, though there are those who must be extraordinarily high. They TSTA–SR. The committee’s ‘‘principal would have us believe Yucca Mountain must be met and maintained with cer- findings are that this system does not will eliminate Minnesota’s nuclear tainty, and that certainty must be lead to a realistic risk-informed result waste, as a matter of fact, according to guaranteed to the American people. and does not inspire confidence in the the draft environmental impact state- This project is nowhere near that TSTA–SR process. In particular, the ment by the DOE, we still will have 111 standard today, not even close. That is TSTA–SR reflects the input and results and 344 metric tons of high-level nu- why we should not even be considering of models and assumptions that are not clear waste in Minnesota onsite at the approval we are being required to founded on realistic assessment of the Monticello and Prairie Island. give or to deny today. This is not what evidence. The consequence is that I yield the floor. the law proscribes. TSTA–SR does not provide a basis for The PRESIDING OFFICER. The Sen- The law states, as it has for the last estimating margins of safety.’’ ator from Nevada. 20 years, that within 90 days after Others who have written and raised Mr. REID. Madam President, a little Congress’s final approval, which will be similar questions and concerns. I be- simple math: 77,000 tons now exist. today if this body so decides, the De- lieve we should say no to the Yucca They can move at most 3,000 tons to partment of Energy shall submit its Mountain site today, not to remove it someplace; let’s say Yucca Mountain. application to the Nuclear Regulatory from further consideration but we These reactors produce over 2,000 tons. Commission. should not commit ourselves to a deci- I repeat, the math is not very much. According to the Secretary of the De- sion that will affect the lives of mil- The big lie has been the fact that they partment of Energy, the Department is lions of Americans today and for gen- say they are going to have only one re- at least 2 years or more away from erations and generations to follow pository. They are still going to have being ready to submit that application. based on insufficient evidence, inad- 131 repositories. That is the way it is According to the private project man- equate testing, incomplete analyses, going to be. This is a big lie they have ager, Bechtel Corporation, DOE is 4 undocumented strategies. In a sense, perpetuated for many years now, and it years or more away from being able to the Senate would be put in a position is absolutely false that they are going submit an acceptable application. to make that attestation today which

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6454 CONGRESSIONAL RECORD — SENATE July 9, 2002 no one could responsibly make about could begin. Failure to approve the res- latory Commission itself—and we had this project, particularly given this olution that we are talking about, S.J. the Commission members there testi- level of assurance that the American Res. 34, would terminate the Nation’s fying before our committee—testified people deserve. nuclear waste program. that they believed nuclear waste can be Finally, as to the citizens of Nevada, The Nuclear Waste Policy Act of 1982, safely transported and safely buried at they have been remarkably, extraor- passed before I came to this Senate, a repository. Not necessarily this one— dinarily well served by the two Sen- gave the Governor of Nevada the power that will be a decision they will make ators from that State, Senators REID to veto the President’s site rec- in the future—but at a repository. and ENSIGN. We preside in the Senate ommendation, and the Governor of Ne- The Nuclear Waste Technical Review in inverse proportion to our seniority, vada exercised that authority in April. Board testified that: which means I—being 100th in senior- If the President does not join the No individual technical or scientific factor ity—spend as much time presiding as House of Representatives in voting to has been identified that would automatically anyone else; I therefore have a chance override the Governor’s veto by the eliminate Yucca Mountain from consider- to observe what is going on in the Sen- 27th of this month—this July—the Gov- ation. ate. The senior Senator from Nevada, ernor’s veto stands. If the Governor’s The Environmental Protection Agen- Mr. REID, has been unbelievable in his veto is sustained, either the waste will cy testified that the radiation protec- tireless pursuit of every Member of this stay where it is, in temporary above- tion standards that will apply to this body to discuss and to reason and im- ground holding tanks at 72 nuclear repository are ‘‘among the most strin- plore their recognition of the facts as powerplant sites and 4 Department of gent in the world.’’ If the repository he has so well articulated. Senator EN- Energy nuclear weapons plants in 39 complies with them it ‘‘will be fully SIGN is in his first term and has en- States, either it stays where it is in protective of public health and the en- countered an enormous responsibility those locations from now on, or Con- vironment.’’ to his State which he has also per- gress will have to pass a new law to au- That is ‘‘if’’ the repository complies formed remarkably well. thorize the Department of Energy to with these standards. As I say, that is Regardless of the outcome of today’s search for a new site, leaving the waste a decision the Nuclear Regulatory vote, I cannot imagine any two people where it is safe enough in the short Commission will make in the future. who could have possibly done more, run. In addition to these agencies of the tried more, put more of themselves, I am not one who is saying there is Federal Government, we also heard heart and soul, into doing what they an imminent health risk or safety risk from the U.S. Geological Survey. They believe with all their fervor is the right from leaving the waste where it cur- stated: thing for the people of Nevada, and I rently is in the short run. However, it The scientific work performed to date sup- believe for the people of the United is not an acceptable long-term solu- ports a decision to recommend Yucca Moun- States, including the people of Min- tion. It would require constant moni- tain for development of the nuclear waste re- nesota, which is to vote no against toring where it now is and frequent repository [and that] no feature or char- Yucca Mountain as a site today. placement of the storage containers for acteristic of the site . . . would preclude rec- I yield the floor. thousands of years, or the waste will ommending the site. Mr. MURKOWSKI. Madam President, escape into the environment. That is So based on this record, the com- before I yield to the chairman of the based on the expert testimony we re- mittee found no reason to terminate Energy and Natural Resources Com- ceived in the committee hearings. the program. mittee 7 to 10 minutes, I point out that Looking for another site, without al- The National Academy of Sciences for the past several decades we have lowing the Nuclear Regulatory Com- has said: moved nuclear waste safely in this mission to consider Yucca Mountain, [G]eological disposal remains the only sci- country. We have had 2,700 shipments to consider an application for a license entifically and technically credible long- in the past 30 years. We have shipped to use Yucca Mountain, is not a real- term solution available to meet the need for 1.7 million miles. We have not had a istic course of action. We have spent 20 safety without reliance on active manage- single harmful release of radioactivity. years; we spent $4 billion looking at ment. This is substantiated by the testimony Yucca Mountain already. No one has We have a responsibility to dispose of in the committee. Both the Regulatory found a technical or scientific reason these wastes rather than leave them Commission and the Department of that makes it unsuitable as yet. We are for future generations to deal with. I Transportation, the agencies respon- not likely to find a better site next do not favor just kicking this can down sible testified that the waste can be time, but, of course, if the Nuclear the road and leaving it for someone ‘‘safely and securely transported.’’ Regulatory Commission determines else to act. I yield the floor. that another site has to be found, then In sum, a vote for the motion to pro- The PRESIDING OFFICER. The Sen- we can take on that task. ceed on the resolution is not a final ator from New Mexico. The Committee on Energy and Nat- vote to put nuclear waste in Yucca Mr. BINGAMAN. Madam President, I ural Resources, which I chair, of which Mountain. It is a vote to let the De- appreciate my colleague from Alaska my colleague from Alaska is the rank- partment of Energy apply for a license, yielding me a few minutes to express ing member, carefully considered the a vote to let the technical experts at my views on this issue. arguments against the repository that the Nuclear Regulatory Commission We are in a debate now about wheth- have been raised by opponents of the decide whether Yucca Mountain is, in er to proceed to consider S.J. Res. 34 project. I am the first to admit that fact, safe. which would approve President Bush’s not all of the questions that have been A vote against the resolution is a recommendation of Yucca Mountain as raised by the opponents have yet been vote to stop the program in its tracks, the site for the development of a nu- adequately answered. They have not to leave the waste where it is with no clear waste repository. The resolution been. Many of those are questions, alternative strategy for finding an- does not authorize construction of a re- though, that are best answered by the other site, and, frankly, with little or pository. Similarly, it does not author- Nuclear Regulatory Commission in its no chance of putting together a polit- ize the transportation of nuclear waste licensing procedures and nothing in the ical consensus to find another site in to Yucca Mountain. What the resolu- record before us justifies a decision, in the foreseeable future. tion does do is allow the Department of my view, to terminate the program at On the basis of those reasons, I urge Energy to apply to the Nuclear Regu- this stage. my colleagues to approve the motion latory Commission for a license to The hearing record that we compiled to proceed and to approve the resolu- begin construction of the repository. in the Energy Committee supports ap- tion. The Department of Energy still needs proval of the resolution and it supports The PRESIDING OFFICER. The Sen- to persuade the Nuclear Regulatory allowing the waste program to con- ator from Nevada. Commission that the repository would tinue. While not prejudging whether it Mr. REID. I will yield to my friend be safe before construction could begin will approve a license application for from California in a minute, but this is and before shipments to the repository Yucca Mountain, the Nuclear Regu- another one of the fallacies of this

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6455 whole debate. Isn’t it too bad we have Since 9–11, we have a whole other 3 miles of the proposed route, and the worked on it all this time, and if it area of concern and that is taking this light yellow is within 5 miles. doesn’t go through, what are we going waste from all over the country and If you look at all of this, you see to do? putting it on trucks or trains and ship- these little arrows. They are actually Chairman Meserve of the Nuclear ping it across this country. It is an ab- schoolhouses. These are the schools lo- Regulatory Commission said less than solute disaster waiting to happen. This cated so close to this traffic. The H’s a month ago: is so hot that it has to be cooled for— are the hospitals. We have 167 schools If Yucca Mountain were to fail because of I say to my friend from Nevada, Sen- that are within 5 miles in this area. congressional action, that does not mean all ator REID, am I correct in saying that There are seven hospitals within 5 of a sudden from a policy point of view that waste is so hot that it has to be cooled? miles. the country is at a stalemate and is con- And for how long does it have to be The PTA has sent us a letter against fronting imminent disaster. cooled? this project. Of course he would say that. We have Mr. REID. I will respond to my friend Where are my colleagues? You would nuclear reactors around the country from California. National Geographic think 9/11 never happened. You would that are using their facilities to store this month has a wonderful article on think 9/11 was just something in a the stuff onsite—safely, in dry cask nuclear waste. Among other things, it movie. The PTA has basically told us: storage containment. You don’t have confirms what we have known for a Don’t do this until you have a plan all the worries of transportation. It is long time. The nuclear reactors in that you can prove is safe. safer than trying to haul this stuff past America and around the world are 97 Mr. REID. Madam President, will the our schools and homes. This is an argu- percent inefficient. That means you Senator yield for a question? ment that is without foundation. It put in a fuel rod in a nuclear reactor Mrs. BOXER. I would be happy to. would not mean the end of the nuclear and when they take it out, it still has Mr. REID. The Senator mentioned world at all. 97 percent of its radioactivity. It has the 260-plus companies that make up I yield 10 minutes to the Senator only used 3 percent. NEI. Is the Senator aware that there is from California who, I would state, is The nuclear reactors are so ineffi- a lawsuit now pending to have the Vice the chair of the environmental task cient they have to take them out of the President of the United States divulge force Senator DASCHLE has set up and reactors and put them in water. You who he met with at those energy com- who has done an outstanding job point- cannot take them out of the water for panies and what they talked about? Is ing up the environmental problems we at least 5 years for them to cool down. the Senator aware of that? have in America today. Mrs. BOXER. Five years. Mrs. BOXER. I am certainly aware of The PRESIDING OFFICER. The Sen- Mr. REID. Five years for them to that. ator from California. cool down. So I say to my friend from Mr. REID. I felt so strongly about Mrs. BOXER. Madam President, it is California, all this talk about we need that issue that I filed an amicus curiae indeed an honor to stand with my to have one site, we don’t need to have brief joining with the GAO to have him friend from Nevada on this issue be- 131 sites—the fact is, they are always divulge that information. I will bet a cause there can be no higher calling going to have spent fuel at the sites of significant number of the 261-plus com- that we have than to protect the health the power-generating facilities. panies met with him to develop the en- and safety of the people we represent— Mrs. BOXER. I thank my friend. I ergy policy this administration came no higher calling. knew this waste was so hot that it up with. Does the Senator suggest that It seems to me very interesting that, would have to be cooled down, but I is probably true? as we are about to address a very im- wasn’t aware that it was for 5 years. Mrs. BOXER. Given the track record portant subject of corporate irrespon- Post 9–11, you would think this ad- of this administration in terms of its sibility and try to fix the mess that is ministration would think twice, or energy policy and the President’s lack happening on Wall Street, we would be three times, or six times, before they of anything very exciting in terms of disrupted from that task to go to an would go ahead and give the order for how we are going to regain the con- issue such as this, which is so very this waste to move. We have given the fidence and trust of the people, it is harmful to our people. I am going to airlines billions of dollars. We are very possible—indeed, probable, in take some time to explain it. spending so much to make airports safe fact—that these companies, or cer- My State of California is one of the and here we have this administration, tainly their representatives, met with most affected by the Yucca Mountain the one that tells us we are in a war— the Vice President. project because Yucca Mountain is there is not a speech this President I will tell you, when that comes out, only 17 miles from the California bor- makes that he doesn’t remind us that we will know even more why, even der and from Death Valley National we are in a war—is ready to put this after 9/11, they had this plan. Park. Scientific studies have shown kind of material on our roads. This is just one area—Sacramento. I that the regional ground water aquifer I am just incredulous. The only thing want to show you Los Angeles. We are surrounding Yucca Mountain dis- I can come up with is, who is really be- not talking philosophy or ideology. We charges into Death Valley because hind all of this? are talking about the hottest, most Death Valley is down gradient from I have a list of some of the people dangerous waste known to humankind Yucca Mountain. If the ground water is who are pushing for this. Let us put coming near schools and hospitals in contaminated, that will mean the de- that on the floor since we are talking my State and in almost every other mise of the park and the surrounding about corporate power this week. State. communities. We have the Nuclear Energy Insti- Again, the red area is within 1 mile The tests that have been done on the tute. There are 260 companies in the of the route. The yellow area is within site are not what we would want to see. Nuclear Energy Institute pushing this. 3 miles. The light yellow area is within We see leakage; we do not see dryness. They include Enron, First Energy, 5 miles. We have 446 schools within 5 We see problems with Yucca Mountain Bechtel, Duke Energy, and General miles of these routes. Is this what we that would lead most people to assume Electric, to name a few. There are a lot owe those little kids? Is this what we there will be a problem with leakage of special interests—260, to be exact— owe them? Are they going to close the into the ground water. It is an absolute pushing this. school down when they transport this travesty waiting to happen to my But where are the people? The people near by? There are 23 hospitals within State. will be living in fear, I guarantee you, 5 miles. The long-term viability of the fish, when this starts. I am amazed we are debating this the wildlife, and the human population Let me show you a map which I issue. I am amazed we are debating this is dependent on this aquifer. Water is think my colleague must have shown issue. The Department of Energy life in the desert. Water quality must before. Let me show you a map first of doesn’t tell us what the final plan is. be preserved. Given the threat posed by just one area, Sacramento. The red You know why? It is because of the Yucca Mountain, I have opposed it, and area is within 1 mile of one of the pro- outcry in the country when that final that was before 9–11. posed routes. The yellow area is within plan comes forward.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6456 CONGRESSIONAL RECORD — SENATE July 9, 2002 Attorney General Ashcroft has said Wilderness Society, and the Women’s fight if they need me because I believe we should worry about a ‘‘dirty’’ bomb. Legislative Lobby in Washington. there are some moments on this floor And we all do. We already know it has These are people who have spoken out. when you have to step up and realize been disruptive. That is a ‘‘dirty’’ I ask unanimous consent to have this you are here for a brief time, but deci- bomb. That is material that doesn’t entire list printed in the RECORD. sions we make can come back to haunt even come close to the danger of this There being no objection, the mate- us. I hope today people will think material. rial was ordered to be printed in the about that and vote with my colleague I want to give you the facts about RECORD, as follows: from Nevada. what happens in California with the ORGANIZATIONS OPPOSED TO THE YUCCA I yield the floor. transportation of this waste. MOUNTAIN NUCLEAR WASTE DUMP The PRESIDING OFFICER. The Sen- We have 35 million people in our Alliance for Nuclear Accountability, Se- ator from Alaska. State. Seven million people in Cali- attle, Washington, American Lands Alliance, Mr. MURKOWSKI. Madam President, fornia live within 1 mile of the pro- Washington, DC, Americans for Democratic let me point out a couple of facts that posed route. Action, Washington, DC, American Rivers, perhaps some Members have not re- I ask my colleague for 5 more min- Washington, DC, American Public Health As- flected upon. utes. sociation, Washington, DC, Center for Safe There are no proposed routes. There Energy, Earth Island Institute, Berkeley, Mr. REID. I yield the Senator from California, Clean Water Action, Washington, are only potential routes. California 5 more minutes. DC, Defenders of Wildlife, Washington, DC, While the Senator from California The PRESIDING OFFICER. The Sen- Earthjustice, Oakland, CA, Environmental points out routes around Sacramento ator is recognized for 5 more minutes. Action Foundation, Takoma Park, Mary- or Los Angeles, they have simply taken Mrs. BOXER. There are 231 hospitals land, Environmental Defense, New York, NY, every major route that has the poten- within 1 mile of the proposed route. Environmental Working Group, Washington, tial of moving nuclear waste and said There are 3,500 schools within 1 mile of DC, Fellowship of Reconciliation, Nyack, this is, in fact, a proposed route. the proposed route. Nuclear waste ship- NY, Free the Planet!, Washington, DC, That is hardly accurate. It is fair to ments in California over the life of the Friends of the Earth, Washington, DC, Gov- say there is no Yucca transportation ernment Accountability Project, Seattle, project, if done by truck, will be 14,000- WA, Grandmothers for Peace International, route yet. What opponents have done is plus; if done by train, 13,000-plus; 2,040 Elk Grove, CA. they have selected every major high- metric tons of nuclear waste at facili- Greenpeace, Washington, DC, Honor the way in the U.S. and simply called it ties throughout California now—which Earth, St. Paul, Minnesota, Indigenous Envi- ‘‘proposed.’’ That is certainly stretch- means that even with the Yucca Moun- ronmental Network, Bemidji, MN, Institute ing things to suggest it is going to go tain we are going to have nuclear for Energy and Environmental Research, Ta- by hospitals, it is going to go by waste in the State, which is also the koma Park, Maryland, International Asso- schools. ciation of Fire Fighters, Washington, DC, Clearly, there are efforts being made case with most of our States. League of Conservation Voters, Washignton, Our Attorney General had a press DC, League of United Latin American Citi- by the responsible agencies. If we cre- conference about the potential of a zens, Washington, DC, National Education ate these agencies, we have the over- ‘‘dirty’’ bomb. We worry about where Association, National Environmental Coali- sight. If we do not have the faith in the terrorists are going to get this mation of Native Americans, Prague, OK, Na- them to do their job—the Department terial. This administration has been tional Environmental Trust, Washington, of Transportation, the Department of backing the transportation of the most DC, National Parent Teacher Association, Energy, the Nuclear Regulatory Com- dangerous nuclear waste and not even National Wildlife Federation, Washington, mission—are we to micromanage, if mentioning 9/11. It is almost like a Rip DC, Natural Resources Defense Council, you will, when waste has been moving Washington, DC, Nuclear Information and Van Winkle situation when it comes to Resource Service, Washington, DC, Pax safely across this country for decades, Yucca Mountain. Well, we have done it; Christi USA, Erie, PA, Peace Action, Wash- and to suggest that somehow we can- we spent the money; and, we have in- ington, DC, Physicians for Social Responsi- not move it safely? vested it. It doesn’t matter—9/11, or bility, Washington, DC. California is 17-percent dependent on anything else. You could have another Presbyterian Church (USA), National Min- nuclear energy. I am looking at a terrorist and it would still be here for istries Division, Washington, DC, Psycholo- spreadsheet. Cumulative spent fuel, in Yucca Mountain. gists for Social Responsibility, Washington, California, at the end of the year 2000, Loud special interests are behind this DC, Public Citizen, Washington, DC, The was 1,954 metric tons, not including 98 Safe Energy Communication Council, Wash- vote. That is the only way you can ington, DC, Scenic America, Washington, metric tons from the San Onofre Nu- come to any other conclusion. DC, Sierra Club, Washington, DC, Union of clear Reactor. There are 403 metric I will tell you some of the people who American Hebrew Congregations/Religious tons at shutdown reactors, 11 metric oppose this. I mentioned the PTA. I Action Center of Reform Judaism, Wash- tons in dry storage. It is going to stay will give you some more: The Alliance ington, DC, United Church of Christ, Office there unless it is going to be moved for Nuclear Accountability, American for Church in Society, Washington, DC, The somewhere. It has to be moved by a Land Alliance, American Rivers, Amer- United Methodist Church, General Board of route. It has to be moved safely. Is it ican Public Health Association, Clean Church and Society, Washington, DC, U.S. going to be moved by train or by high- Public Interest Research Group, Washington, Water Action, Environmental Action DC, The Wilderness Society, Washington, way? Foundation, Environmental Defense, DC, Women’s International League for Peace Clearly, we have moved 2,700 ship- Fellowship of Reconciliation, Friends and Freedom, Philadelphia, PA, The Women ments in 30 years 1.7 million miles, and of the Earth, and the Government Ac- Legislators’ Lobby (WILL), Washington, DC, with not a single harmful release of ra- countability Project. It goes on: Women’s Action for New Directions (WAND), dioactivity. We have had shipments to League of Conservation Voters, Inter- Washington, DC, 20/20 Vision, Washington, WIPP in New Mexico—900 shipments, national Association of Firefighters. DC. since 1997, 900,000 shipment miles, and Do you want to be a fireman and get Mrs. BOXER. Madam President, I not a single harmful release of radioac- called to a fire when one of these acci- want to conclude and say I could show tivity. dents happens? The Department of En- you other charts that show the impact Do you think we are the creators of ergy has said they know already there on other States. But I have made my moving this stuff? In Europe there has are going to be accidents. Is that 100 point. This nuclear waste is going to go been 70,000 tons shipped safely over 25 accidents? They predict that already. by schools, it is going to go by hos- years. So this isn’t something that has The International Association of pitals, it is going to go by our families, just happened. Firefighters knows what that could it is going to go by our children, it is We have moved high-level nuclear mean to their lives. going to go by our homes, and it is waste across this country. Now we are Who are we fighting for here? I say to going to go by our businesses. And talking about moving waste out of our my colleague, this is a moment of post-9/11 we don’t even have the final reactors. We are talking about doing it truth for every person here. plan. responsibly. You could look at the United Church I am proud to stand with my friends Some of these arguments—we have of Christ, United Methodist Church, from Nevada. I am going to be in this heard the term ‘‘red herring.’’ Well,

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6457 this is a ‘‘nuclear herring,’’ if you will. bit about having all these sites. We are going to go up in a big puff. That is not Maybe it glows in the dark. But it cer- trying to consolidate some. the case. It is transported in strong tainly suggests, in this debate, that So it has been interesting to hear the thick-walled casks, casks that have somehow we are doing something new kinds of reactions that we have had. been dropped from 30 feet in a free fall in this country, that we are doing The site is there, of course, because from helicopters to be tested. And they something that is high risk in which Yucca Mountain is 90 miles from the have a puncture test with a special way we have not had any experience. nearest population centers. It is one of to do it. They have flatbed trucks that Again, in reference to bringing this the most remote places in the country. have been smashed into a 700-ton con- discussion in the parameters, we are The climate is conducive to storage. crete wall at 80 miles an hour. not moving it to Yucca Mountain There are multiple national barriers in There is safety here. Safety, of today. We are simply authorizing the order that tunnels can be stored. There course, is a high issue for all of us. No administration to proceed with the li- is great depth, 2,600 feet deep under- one would suggest it should not be. cense process which will address the le- neath, an isolated basin. Most of it will be done by train, not on gitimate transportation questions that So this is something that has been the highways. These are the things we are coming up in this debate. selected with a very great deal of study will have to deal with and we will deal I yield the floor to my good friend from a number of places. This is the with over a period of time. from Wyoming. one that was decided upon to be the We should start, of course, with deal- How much time would the Senator best. So that is where we are. ing with the question. We have agreed, from Wyoming require? It is interesting, all we hear about in 1982, to take care of this waste, par- Mr. THOMAS. I think about 10 min- are problems. I think it is up to us to ticularly in the commercial uses that utes, please. talk about some solutions. I hope we have been there. They have been taxed Mr. MURKOWSKI. I yield 10 minutes can do that. In fact, I think to say this $17 billion to do something with it. to the Senator. Energy Department material is not What they are doing with it now is not The PRESIDING OFFICER (Mr. CAR- useful is a stretch. Certainly this mate- the safest thing that can be done. PER). The Senator from Wyoming is rial has been studied. Experts have put I know when you talk about nuclear, recognized. this information in there. everybody swells up, but it is inter- Some of the information we are hear- Mr. THOMAS. Mr. President, this is esting to also recall that Illinois, for ing lacks a little bit. At the hearings an issue we have talked about for a example, generates over 30 percent of we held, there was a gentleman who good long time. Some of the things I their electricity with nuclear. Of had been the past director of highway have heard today are quite different course, there is nuclear waste. But we safety who was talking about high- than what we have talked about before. need to do something with it. We are ways. I asked him who he was working Nevertheless, everyone is entitled to going to be moving more toward it. for. It turned out he had been paid by their own views. On the other side, it is one of the the State of Nevada. Talk about people I think, as has been mentioned, we cleanest kinds of electric generating being in support of the idea and caus- ought to remind ourselves what the fuels we can have. I guess if I have been ing people to have their positions the purpose of this particular vote is impressed by anything in this discus- about. It is to make it possible for the way they are. Let me talk a minute, though, about sion, it is that we haven’t really dealt Secretary to apply for a license to con- transportation. Obviously, transpor- with the problem, How do we solve it? struct a site at Yucca Mountain. If this tation could very well be going through What we have talked about, what we fails, then ever since the 1980s, 24 years our State of Wyoming, although, as the hear about almost all the time, is how of work, and $4 billion worth of expend- Senator from Alaska points out, those do we avoid making a decision on an itures will be halted and nothing more decisions have not been made. Every- issue that is there, and one that is ob- will happen. one is talking about where it is going viously going to be there until we do This is not the final issue to be to go. That has not been decided. In something about it, until we follow talked about. This is not the issue of fact, I have written a letter to the Sec- through on what we agreed to do in transportation. This is the issue of retary of Energy to ensure, as we move 1982 and have not done since, and whether or not to move forward and li- through this particular decision, that haven’t heard much about, as a matter cense the site, which will then provide we will move on, then, to an equally of fact. We spent $4 billion in Nevada. the opportunity and the necessity of difficult decision about transportation, We didn’t hear much about that. Fine. moving on to other issues, such as de- and also to get assurance—which he I hope we can go ahead and deal with fining the transportation routes and has assured us—that the Governors and this, support this portion of the total dealing with the safety of transpor- officials in the States will coordinate decision that needs to be made, move tation. and will be cooperative workers in forward on this site, and then deal with I think we ought to keep in mind terms of deciding what the routes are. the other issues that come before us. what we are doing here and that is to In any event, we have talked a little I yield the floor. authorize them to move forward in li- bit about the history of transportation. The PRESIDING OFFICER. The Sen- censing the site. The site, of course, is It is very impressive. We have had 30 ator from Nevada. one of the most important issues before years of transportation of nuclear Mr. REID. Mr. President, I will yield us. It has been said a number of times waste of various kinds without an inci- to my friend from Michigan in a sec- that there are 131 different sites where dent. We have had that over 1.5 million ond. I do want to say, however, that of waste is stored. Not all of those sites miles. It is handled safely. course the routes Senator BOXER will disappear, of course, but many of I was surprised. At the hearing, they talked about are the routes proposed them will. Those that have been Gov- had a sample on the floor of the kinds by the DOE in their final environ- ernment used, that are not continuing of containers that spent nuclear mate- mental impact statement. They have to be used, will be gone. We will have rial is in. I had no idea, frankly, what said they are not sure this is the final fewer sites. it was. But they are in solid pellets, ap- transportation plan they will have, but I do not hear anyone talking about proximately the size of a pencil eraser. that is what they have said so far. solving the problem. All I hear about is And they are secured in multiple layer Jim Hall, former head of the Na- avoiding coming to a decision. I think metal tubes. They are hard, and they tional Transportation Safety Board, we need to ask ourselves which is bet- are solid. said in testimony: What I find more ter in terms of safety: to have it gen- Nuclear waste is not fluid. It is not a shocking about the Yucca Mountain erally in one place or to have 131 dif- gas. It will not pour or evaporate. It is project is that DOE has no plan to ferent sites? in these big, hard vats that are set up transport spent nuclear fuel to its pro- Talking about trying to have protec- for it. Nuclear waste, nuclear fuel does posed repository. tion and security, how much security not burn, as a matter of fact. It is not Secretary Abraham testified last do you think there is in every one of flammable, even if it is engulfed in fire. week that DOE is just beginning to for- these sites? If you are talking about Spent nuclear fuel cannot explode. mulate preliminary thoughts about a September 11, you have to talk a little We sort of get the notion that it is transportation plan, even though in

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6458 CONGRESSIONAL RECORD — SENATE July 9, 2002 the final environmental impact state- When I was in the Michigan Senate, I only beginning to look at developing a ment they did give us these routes helped to lead an effort to stop putting transportation plan and designating about which Senator BOXER and others casks along Lake Michigan and our nu- transportation routes. Yet we are have talked. clear facilities because of my concern asked to decide today on this project Puncture tests? Sure, there are punc- about the waste being along Lake without that information. ture tests. We know a shoulder-fired Michigan. I certainly still have that I am also very concerned the Depart- weapon will go through one of those concern. We lost that, and the waste is ment has not implemented any addi- canisters of spent fuel rods. We know there. tional security requirements for trans- that. The tests have been proven. We On first blush, when I was in the porting nuclear waste since 9–11 to en- also know they don’t withstand fire. House of Representatives, I thought sure safety and protect the shipments Diesel fuel burns at 1,400 degrees. They supporting a permanent nuclear stor- from terrorist attack. In addition, I am have only had these tests go up to 1,200 age site at Yucca Mountain was a good very deeply concerned to find that degrees. If you have a fire and a diesel idea. I want the waste out of Michigan. there is no Government agency that truck is carrying this, it will breach There is no question about it. My pref- has conducted full-scale physical tests the container. erence, if we could say, ‘‘Beam me up, of the casks that would be used to The things we are being told simply Scottie,’’ would be to move the waste transport high-level nuclear waste to have no validity. We talk all the time out of Michigan. Yucca Mountain; nor have these test about all this dangerous stuff that has Unfortunately, by very close exam- requirements been reviewed or been hauled. Let me tell you about the ination of the facts and information strengthened to take into account how WIPP facility. The WIPP facility is the from the Department of Energy, their the casks would perform under a poten- waste isolation project in New Mexico. current documents, I have come to the tial terrorist attack. WIPP is the most highly planned nu- conclusion that this proposal not only This is a new day. There are new clear shipment we have ever had. Yet will maintain existing threats to the questions and new tests that need to the first shipment went the wrong way, Great Lakes but will create new ones, take place in light of our current re- 28 miles the wrong way, and was turned new security risks, new environmental ality as Americans. around by the local police department. threats for the Great Lakes and for I am very concerned today, when I pick up the Washington Post and find The DOE satellite tracking system Michigan families. I am deeply con- that they further reveal that the EPA didn’t work. The truck was going 28 cerned about that and frustrated be- has been keeping under wraps a Feb- miles the wrong way. It turned around. cause fundamentally I want the waste ruary 2002 report that concludes that It was 56 miles on a road on which they out of Michigan. But I do not want to they are not fully prepared to handle a were not supposed to be. create more threats in the process. large-scale nuclear, biological, or Eighty percent of all traffic acci- It goes without saying that the world chemical attack. The EPA is the pri- dents are not as a result of anything has changed since September 11. We mary agency for providing support to going wrong with the equipment; it is know that. We hear that all the time State and local governments in re- human factors. That is what this is all from our President. We say that on the sponse to a discharge of nuclear or haz- about. floor of the Senate practically every ardous materials, and they are not No harmful releases of radiation? day. The world has changed since Sep- fully prepared to deal with current se- That is laughable, Mr. President. There tember 11. Since the tragedies in New York and curity threats. have been accidents, and there have How well prepared will they be once Pennsylvania and the Pentagon, we been releases over these 2,700 ship- thousands of nuclear shipments begin have administration officials who daily ments. Some of those have dealt with to travel by our schools, our hospitals, tell us that we are going to see further pounds of stuff, not tons. On one of through our communities, our residen- attacks. On May 19 of this year, the these trucks, the cannister alone was tial neighborhoods, en route to Yucca Vice President stated on ‘‘Meet the 10 tons. There have been releases over Mountain. the years that they have been doing Press’’ that the prospects of a future I also discovered, Mr. President, in this. The DOE itself says there will be terrorist attack against the United my examination of the Department of at least 100 accidents. That is in their States are almost certain and not a Energy’s own documents, that most of proposed findings in the environmental matter of if but when. That should be a the waste stored in Michigan will never impact statement. concern—and I know it is—for all of us. make it to Yucca Mountain. That is a Someone can vote against this with It should in some way be a shadow over pretty big discovery for me. Most of goodness in their heart. They are doing every decision we make today in this the waste in Michigan will never make the right thing. This is not good for the body for our families, for the families it to Yucca Mountain. As long as nu- country. we represent. clear powerplants operate in Michigan, My friend mentioned France and Ger- On June 10, as we all know—just a new nuclear waste will have to be many. They may have hauled a lot of month ago—the American people be- stored in cooling pools, as indicated by stuff, but they haven’t hauled a lot of came aware of a plot to potentially my colleagues, on the shores of the stuff lately because it has been stopped detonate a so-called ‘‘dirty’’ bomb Great Lakes for 5 years at a time so in its tracks. Germany has given up which could kill thousands of people they can be cooled before they are trying to haul it because people lie and send poisonous nuclear matter transported anywhere. Much of the nu- down in the streets and chain them- throughout the air, exposing hundreds clear waste in Michigan will not be selves to railroad tracks. of thousands more people to nuclear ra- moved to Yucca Mountain because I yield 10 minutes to the Senator diation. This causes me to pause and Yucca Mountain will reach its full ca- from Michigan. look at what we are doing in a new pacity within the first 25 years of oper- The PRESIDING OFFICER. The Sen- light. September 11 and the ongoing ation. ator from Michigan is recognized for 10 war against terrorism has, in fact, put While I want the waste out of Michi- minutes. this in a new light for me. I have exam- gan, away from its shores, We have a Ms. STABENOW. Mr. President, I ined how the nuclear waste from Michi- worst case scenario for the people of thank my colleagues from Nevada for gan’s storage sites would be trans- Michigan. The nuclear waste will con- their leadership on this very important ported across Michigan to Yucca Moun- tinue to sit on the shores of the Great issue for all of us. I know my col- tain and, unfortunately, I am very con- Lakes and also be traveling on our leagues on both sides of the aisle will cerned there is not a plan by the De- roads and railways—and, Heaven for- join me in saying there is not a more partment of Energy to protect those bid, even barges on the Great Lakes— revered Member of this body than our shipments from terrorist attack. past our communities, neighborhoods senior Senator from Nevada. I thank I have asked the questions of our and schools. him for his leadership, his intelligence, State government, I have asked the Let me speak to that new threat his compassion, and his advocacy on questions of our Department of Energy, that, unfortunately, is in the environ- this particular issue as well as many and I am told, as we have heard over mental impact statement the Depart- others. and over again, that the Department is ment released just a few months ago,

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6459 which raised a tremendous red flag for Fermi 2, and Palisades. As a con- Mr. MURKOWSKI. I thank the Chair. me. The Department of Energy’s final sequence of the recognition that there Mr. REID. Mr. President, I yield 10 environmental impact statement de- are six storage locations covering the minutes to the Senator from Missouri, scribes barging nuclear waste on the 1,625 metric tons, we have to address Mrs. CARNAHAN. Great Lakes as a transportation op- the reality of how much longer the nu- The PRESIDING OFFICER. The Sen- tion. Now, in fairness, they indicate clear plants can continue to operate ator from Missouri is recognized for 10 that while there could be as many as without a permanent repository. That minutes. 431 barge shipments of nuclear waste is what the contemplated vote is all Mrs. CARNAHAN. Mr. President, on Lake Michigan, that is not their about. when I speak to people throughout Mis- preferred option. I am glad that is not Questions have been raised by Mem- souri, security continues to be their their preferred option, but, unfortu- bers concerning the routing. Again, I primary concern. They are concerned nately, when writing the Secretary, he point out the Nuclear Regulatory Com- about threats from abroad and about would not take it off the table as an mission approves all routes and secu- security in their daily lives—job secu- option. In fact, he indicated that the rity plans with States and tribes, in- rity, health care security, retirement Department of Energy ‘‘has made no cluding the Department of Transpor- security. decision on the matter.’’ tation, Department of Energy and, of In this day and age, when we are I cannot imagine putting high-level course, the Nuclear Regulatory Com- making extraordinary efforts to pro- nuclear waste on barges and sending it mission. For security, armed guards tect ourselves, people are more fearful across Lake Michigan. There is not a are required through heavily populated than ever about shipments of nuclear plan in the world that I would support metropolitan areas if they are indeed waste through their neighborhoods and to do that. The answer of the Depart- selected. At the discretion of the Gov- communities. ment on this issue is simply not good ernor of each State, all shipments are In Missouri, this is especially a sen- enough. I cannot support any plan that required to have 24-hour escorts. sitive issue because of our recent his- includes a transportation option that Tracking: The Governor of each tory of nuclear waste shipments. Two endangers one-fifth of the world’s State is notified in advance of spent summers ago, Governor Carnahan suc- freshwater supply and the source of fuel shipments. These shipments are ceeded in getting a shipment rerouted drinking water for the entire Great required to have an escort into the cen- around Missouri. But last year, the De- Lakes region. tral transportation command facility partment of Energy scheduled another Mr. President, today’s vote, unfortu- every 2 hours to ensure that problems shipment to go through Missouri. The nately, will be the last time Congress do not exist. All shipments are closely route the Government selected went will have a real voice on this issue. We coordinated with local and Federal law through the most populated areas in certainly can express ourselves as it enforcement agencies. the State, through the heavily popu- As far as training, States and tribes moves through the regulatory process, lated suburbs of St. Louis, straight have and will continue to receive Fed- but this is the time for us to say, yes, through Columbia, past Independence, eral support for specific training. On we know enough to move forward or, and then on through Kansas City. the question of what is the Govern- no, we do not. If we say no, we can ask The Government’s plan would ship ment doing with emergency prepared- that more information be given to us, nuclear waste along Interstate 70 and ness assistance, since 1950, the Federal that more tests be done, and that we other roads that are crowded and in Government has had its own experi- disrepair. Interstate 70 through Mis- receive assurances, such as I need, to enced teams of emergency responders. know that there will not be, under any souri is one of the oldest stretches of Emergency responders receive assist- Federal interstate highway in the Na- circumstances, barging on the Great ance and training from the Department Lakes. We can get that information tion. The newest stretch is 37 years old. of Energy, Department of Transpor- The oldest stretch is 46 years old. But and then we can proceed again. tation, FEMA, and others, and are spe- the original design life was only 20 This is not the end. We can proceed cially trained and prepared to respond years. further—those of us who want more in- to a variety of incidents and accidents, formation, more assurances, and want I–70 is one of the most vital transpor- and DOD will continue to provide tation corridors in the Nation. It is in to know that our communities will be training to emergency responders. The need of more than just basic mainte- safe and the environment will be safe. Department has directly trained over nance. It is in need of total reconstruc- There is no reason we cannot work on 1,200 responders. getting those assurances and the plans In addition, DOE has trained instruction. Everyone who travels over I–70 in place first. tors and have provided training to ad- knows it is in horrible condition. The Based on my examination of the De- ditional emergency personnel in the number and severity of traffic-related partment of Energy’s own documents, State, tribal, and local response as well as further information, I do not groups. Training materials have been accidents along I–70 between Kansas believe this administration has a safe- distributed. City and St. Louis have grown steadily ty plan for transporting waste to It is fair to say efforts are made to in recent years and will continue to Yucca Mountain that protects my citi- train local government entities. There grow with projected increases in travel. zens, Michigan families, or the Great is a misconception somehow that if Unless the road is repaired and ex- Lakes. Therefore, I cannot support the there is an accident, there is likely to panded, conditions will continue to de- Yucca Mountain resolution. be a fire, some kind of an explosion. teriorate, congestion will increase, and The PRESIDING OFFICER. The time That is not the case. If, indeed, there is transportation costs will rise. of the Senator has expired. a penetration of a cask, which is ex- There are two scenarios: Either I–70 The Senator from Alaska is recog- traordinarily unlikely, there will obvi- will remain in poor condition or, as I nized. ously be an awareness, and the area would prefer, it will undergo massive Mr. MURKOWSKI. Mr. President, let will be roped off. The material is very reconstruction over the next decade. me point out that the State of Michi- heavy. It does not blow around in the Either way, I–70 should not be the su- gan is currently 18.2 percent dependent wind. Unless you get in and mess with perhighway for nuclear waste. on nuclear energy. Currently, in the it, why, it can be cleaned up by experi- If Yucca Mountain is built, that is State of Michigan, there are 1,627 met- enced personnel. exactly what will happen. Preliminary ric tons of spent fuel of which 58 tons is This is not a matter, as some sug- estimates by the Department of Energy in shutdown reactors, and 177 tons is in gest, that if there is a penetration, show that within a 25-year period, over dry storage. there is going to be a nuclear explosion 19,000 truck and 4,000 rail shipments of As a consequence of the alternatives of some kind. nuclear waste will go through Missouri we face, the recognition is obvious that Mr. President, I yield the floor and on their way to Yucca Mountain. That if we do not move this waste, it is ask how much time is remaining on is two trucks a day every day passing going to stay where it is. The nuclear this side. through St. Louis, Boone County, power generation in Michigan consists The PRESIDING OFFICER. The Sen- Jackson County, and many other coun- of four nuclear units: Cook 1 and 2, ator has 621⁄2 minutes remaining. ties across the State.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6460 CONGRESSIONAL RECORD — SENATE July 9, 2002 Unfortunately, the manner in which power generated in Missouri. Coal is 82 this issue and set forth a series of legis- last year’s shipment of nuclear waste percent. It is about 95 percent in com- lative and other procedures that must through Missouri was conducted does bination. be followed to assure that every ques- not inspire confidence in the way the Mr. President, 388 metric tons of tion—that of national security, safety, Department of Energy handles these spent fuel are currently in the State of of individual State rights, and all the shipments. While the State of Missouri Missouri. As a consequence, I think it other issues—were adequately ad- and the Department of Energy were ne- is important—and if I can have the at- dressed as we deal with this critical gotiating about this shipment, the De- tention of the Senator from Missouri— issue. Over those 20 years, the impor- partment announced that it would not to point out this transportation route tance of dealing with this issue has allow waste from a research reactor in because currently the shipment of grown. Columbia, MO, to be shipped out of waste, this transuranic waste, goes out Now the issue of the role of nuclear State. of Missouri and routes under this high- power in the portfolio of America’s en- The linkage of these two issues was way system into New Mexico. There is ergy policy and the manner in which inappropriate. While Governor Holden no proposed existing transportation we will resolve the handling of the was negotiating safety protocols, the route that will be taking the waste spent nuclear fuel has become a na- Department was playing politics with through Missouri. This waste is cur- tional security issue, in my opinion. nuclear waste. rently at the University of Missouri re- I intervened to ensure these issues search reactor. It goes out on 70, up on I come to this debate with a long his- would be handled separately so that 55, comes over on 880, and down on 25 tory of working on this issue. The the Governor could continue to insist into New Mexico. State of Idaho, which I have the honor upon proper safety arrangements for My point is, while it is obviously pos- to represent, hosts the Department of the shipment. sible that the Department of Energy, Energy’s Idaho National Engineering After all this, the shipments showed the Nuclear Regulatory Commission, and Environmental Laboratory, NEEL, up in St. Louis at rush hour and would and the Department of Transportation which currently stores a large volume have passed through Kansas City dur- would choose other routes, it is clear of spent nuclear fuel and high level nu- ing a Royals baseball game. The ship- to point out that currently there has clear waste. ment had to be held at the border for a been and there is no logic to suggest The INEEL now has 56.5 percent by number of hours. there would be a movement of waste volume and 11 percent by weight of all In my view, we have not focused through the State of Missouri when spent nuclear fuel in the DOE complex. enough on the transportation issue to currently transportation routes to This spent nuclear fuel includes the approve the Yucca Mountain site at WIPP do not go through Missouri; they Navy’s spent nuclear fuel, the spent this time. The transportation casks actually remove waste from the State fuel and rubble from Three Mile Island have not been thoroughly tested for of Missouri. and other commercial power plants, possible terrorist attack. The final We should keep these discussions in foreign research reactor fuel that is transportation routes have not been se- the context of accuracy relative to coming to the United States from lected, and security of the truck and what is contemplated vis-a-vis the cur- other countries for nonproliferation train shipments has not been studied. rent transportation route. reasons, and spent fuel from the dozens There are no concrete plans for train- I yield to my friend from Idaho for 10 of reactors operated at the INEEL, Ar- ing emergency responders in local com- minutes. gonne-West, and other DOE facilities munities along transportation routes. The PRESIDING OFFICER. The Sen- throughout the country. Under the And, as I mentioned, the roads remain ator from Idaho is recognized for 10 Idaho Settlement Agreement, the in sad repair. minutes. Navy’s spent nuclear fuel in Idaho All these issues need to be properly Mr. CRAPO. Thank you, Mr. Presi- must be some of the first fuel to go addressed before I will consider voting dent. I thank the Senator from Alaska into Yucca Mountain. to approve the Yucca Mountain site. It for his graciousness in yielding me this Defense high-level waste is the waste is more important to make the right time. that resulted from reprocessing spent decision than it is to make a quick de- I rise today to add my voice and my nuclear fuel. At the INEEL, this high cision. strong, unequivocal support for Senate level waste is in granulated ‘‘calcine’’ Every nuclear reactor in the country Joint Resolution 34, a resolution ap- form. DOE is currently deciding how has onsite spent fuel. These storage fa- proving development of a permanent this high level waste can be prepared cilities will continue to be used even if nuclear waste repository at Yucca and shipped to Yucca Mountain. In the the repository at Yucca Mountain is Mountain, NV, notwithstanding the past, DOE looked at turning this waste built because the spent fuel that comes disapproval of the Governor of Nevada. into glass logs in a vitrification plant out of the reactor must cool for ap- Before I get into my main remarks, I as required by law, but Bechtel and proximately 5 years. Most of these fa- wish to talk a moment about my col- DOE now hope they can make direct cilities will be upgraded and expanded league from Idaho, Senator LARRY shipments of the calcine waste to if and when necessary, and in Missouri CRAIG, who, as a member of the Energy Yucca Mountain using a standard our single nuclear powerplant will not Committee in the Senate, has been package similar to that used for spent experience shortage difficulties until tireless in his efforts to make certain fuel. 2024. So there is plenty of time to up- that the procedural maneuvers and the grade and further expand its storage fa- substantive debate over this issue The INEEL also manages the DOE cility if necessary. move forward expeditiously and that National Spent Nuclear Fuel program. Before committing to ship tons of nu- we address the issues that the law pro- This program performs the analysis clear waste through the heartland, I vides so we can make certain the and technology development to support believe we should spend much more Yucca Mountain facility is able to ma- inclusion of DOE-owned spent nuclear time in determining whether we can neuver forward into the permitting fuel in the repository license applica- transport this waste safely and keep process. tion. As Yucca opens, this program will these shipments away from our most As many of those who have debated play a larger role for DOE and the densely populated communities. I am today have already stated, this debate INEEL. confident that is what the people of is not about whether to open the Yucca Because of the history of the INEEL, Missouri want. Mountain facility so much as it is located near my hometown of Idaho The PRESIDING OFFICER. The Sen- about allowing the process of permit- Falls, I have been involved in nuclear ator from Alaska. ting to begin to take place. As my col- issues for many years. I visited Yucca Mr. MURKOWSKI. Mr. President, I leagues know, this is the required leg- Mountain and I have seen the dry, iso- see a couple of Senators, Mr. CRAPO islative procedure spelled out by the lated location President Bush has rec- and Mr. KYL. I want to point out to the Nuclear Waste Policy Act of 1982. ommended as the site for our Nation’s Senator from Missouri that nuclear en- In 1982, 20 years ago, Congress made permanent repository for spent nuclear ergy includes about 13 percent of the the decision we should begin resolving fuel and high-level waste.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6461 Right now, across the Nation spent Federal Government has an obligation Idaho just said, Isn’t it better to have nuclear fuel is stored in temporary fa- to provide for the permanent disposi- one site? If, in fact, we had one site, cilities near cities, homes, schools, riv- tion of spent nuclear fuel. and we are going to have all the nu- ers, lakes, and oceans. These tem- Development of the repository at clear waste at one site, that would be porary storage facilities were never in- Yucca Mountain will greatly enhance true. Except we are not going to have tended for long-term storage, but they our Nation’s energy balance by dem- just one site. We are going to continue have become that because our Nation onstrating that we can dispose of nu- to have sites all over the United States has bent over backwards to do all of clear waste created by nuclear power. with nuclear waste. Here is a very sim- the science needed to ensure perma- Today, with our dependence on foreign ple graph to understand. nent storage of nuclear waste at Yucca oil for so much of our energy supply, it Currently we have 45,000 metric tons Mountain can be done safely. After is critical we broaden our energy port- of nuclear waste in America. By the spending billions of dollars, our Na- folio in this country. When one looks time Yucca Mountain is supposed to tion’s best scientists say nuclear waste at the amount of money we pay to na- start receiving waste in 2010, we will can be stored safely at Yucca Moun- tions such as Iraq for oil, when we have 65,000 metric tons. When Yucca tain. No one can dispute the logic that could expand our reliance on other Mountain is completed in 2036, it will it makes more sense for the environ- sources of energy, including nuclear have 70,000 metric tons in Yucca Moun- ment, for national security, and for our power, one has to recognize the na- tain, but because we are producing new Nation’s energy policy to store spent tional security implications of this nuclear waste every year, spread nuclear fuel in one isolated location in vote today. around the country still will be 47,000 the desert of Nevada instead of leaving Nuclear power should play a greater metric tons, virtually the same as we it scattered across the country at over role in our Nation’s energy portfolio. A have today spread out all over the 130 temporary facilities. path forward for spent nuclear fuel will country. Some of the opponents of Yucca remove one bottleneck in the nuclear The Senator from Idaho has a very Mountain say we should not support energy fuel cycle. Under the Nuclear good argument to get the stuff out of S.J. Res. 34 and development of Yucca Waste Policy Act, if Congress does not his State. He has one of the few good Mountain because we cannot safely approve this resolution, the Yucca arguments, but everybody else does transport this material. To these oppo- Mountain project cannot go forward. not: If you have nuclear powerplants in nents I say we have safely sent thou- There will not be a nuclear repository your State, you will continue to have sands of shipments of nuclear waste at Yucca Mountain and nuclear waste nuclear waste in your State for as long across the country for decades. in 39 States across this country will as you have nuclear powerplants oper- I know other speakers have already stay where it is. ating. I ask my colleagues, Are we going to repeated this information before. But It is not a question of national secu- vote today to leave spent nuclear fuel it is critical to reiterate that in this rity. It is going to be safer to have it in and nuclear waste in New York, country we have seen 1.7 million miles one site. But we are still going to have Vermont, Illinois, Georgia, Michigan, of shipments conducted safely without all these other sites, so national secu- Connecticut, Washington, Idaho, and a release of radioactivity. That is over rity is focused on transportation more the many other States in which it is 2,700 shipments. As the Senator from than it is anything else. now located or are we going to move Alaska said earlier, in Europe where I thank the Senator for yielding. forward with a permanent repository they have been doing this for two and Mr. REID. Mr. President, I am going for spent nuclear fuel that makes sense a half decades, they have had over to yield 10 minutes to the Presiding Of- for this Nation and the environment? I 70,000 tons of radioactive material safe- ficer in a second. urge strongly my colleagues to vote in ly transported. Compare that record to Another thing my friend from Alaska favor of S.J. Res. 34. said is it is not going to travel through the risk that we would face if we do not I yield the floor. transport it. Mr. REID. Mr. President, my friend Missouri. This is one of the problems. For those in favor of stopping the de- from Alaska said if something happens It is like the ‘‘immaculate reception.’’ velopment of Yucca Mountain, the and one of these casks is breached, One day we will wake up and it is sud- issue of terrorism has been raised. If we there will be an explosion. But under- denly going to be there. I don’t know, have over 131 sites across this country stand, standing within 3 feet of a spent there are no transportation routes, but where much of this material is not fuel rod is a lethal dose—three feet. It it will get there because the DOE says stored safely—in a remote underground will kill you. It may not kill you im- it will. facility—the risk of terrorism would mediately. But you are dead. It will It can only go by train, truck, or rise. Even the risk from a hypothetical kill you pretty quickly. barge, and for barge transportation, ac- earthquake would be much greater at As has been brought out by my friend cording to the Nuclear Regulatory the 131 sites if they were left untreated from Nevada, the shipments are not Commission, the only tests that have or unresolved than at one central un- dangerous, relatively speaking. been done are by computer. They have derground location that is safe, secure, I yield 2 minutes to my friend from never stuck one of them in the water. and protected. Nevada to talk about that. It has all been done by computer. Whether one is looking at the safety Mr. ENSIGN. Mr. President, I do I yield 10 minutes to the Senator record of transportation or the risk of want to address the map that the jun- from Delaware. leaving these facilities with the stored ior Senator from Alaska has put up (Mr. REID assumed the chair.) nuclear fuel in them spread throughout over here. When he was talking to the Mr. CARPER. Mr. President, I thank the country in unsafe conditions, the Senator from Missouri, talking about the deputy majority leader for yielding conclusion must be that for our safety, the transportation through Missouri, this time to me. for the environment, and for our na- he was saying these things are already On the floor this afternoon I see tional security, we must move toward happening, going through Missouri, three, maybe four Senators—four of one underground, safe depository. going through her State, because that whom I have been privileged to serve There is also an equity issue before was the major reason she was voting with in the House of Representatives, the Senate. For decades, energy users against the Yucca Mountain proposal. one of whom I have just been privileged across this country who have received This is not the same kind of waste to serve with for the last year and a their electricity from nuclear power that is going to Yucca Mountain; oth- half. have paid a surcharge on their energy erwise, you would need a different kind The senior Senator from Nevada bill to pay the Federal Government to of repository. This is not as high a knows the great affection I hold for dispose of this waste. The Federal Gov- level of nuclear waste as is coming to him. He and I were elected to the ernment faithfully collected these fees Nevada. So to equate the two is irre- House of Representatives in 1982. We and assumed the responsibility under sponsible, I believe. We should not even came to Congress together in 1982. We law for developing a nuclear reposi- have that map on the floor. began our first years in the House of tory. Now after collecting these fees I want to clear up two other quick Representatives many mornings work- and doing the necessary science, the things. The first is, the Senator from ing out together in the House gym. I

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6462 CONGRESSIONAL RECORD — SENATE July 9, 2002 have had the privilege of knowing his of this year. We talked about the grow- long as he has, has certainly on occa- family and watching his kids grow up. ing demand, the rise in price of foreign sion when there has been a voice vote For me, and I know for many of us, this oil, now up 50 percent. We talked about wanted to be listed as voting yes or no. important policy decision is also a de- the huge and growing trade deficit we That certainly can be stated in the cision that is intertwined with the re- have in this country, over $300 billion RECORD. I have done it on a number of spect and admiration we have for our last year, maybe $400 billion this year, occasions myself. colleagues. I have great respect and ad- and a significant part of that is oil im- Senator ENSIGN and I wish to speak miration for both the senior and junior ports. longer. Senator KYL is here. It is my Senator from Nevada. I think we have begun a serious dis- understanding you would like to yield As some of you know, I spent a fair cussion and debate about what to do some time to him. number of my years in the Navy, 5 with respect to air emissions, how we Mr. MURKOWSKI. Mr. President, years on active duty, another 18 years can curtail sulfur dioxide, mercury, would you advise me on how much as a Reserve naval flight officer, most carbon dioxide, and nitrogen oxide time is remaining on our side? of that time on airplanes but other from powerplants in this country and The PRESIDING OFFICER (Mr. times on ships. I have been on ships other sources. CORZINE). The Senator has 50 minutes. that are nuclear powered. They in- Nuclear power, whether we like it or Mr. REID. How about here? The PRESIDING OFFICER. Forty- cluded aircraft carriers and sub- not, does not create sulfur dioxide five minutes remains for the Senator marines. I have known hundreds of peo- emissions. It doesn’t create mercury emissions. It doesn’t create nitrogen from Nevada. ple who lived many years of their lives Mr. MURKOWSKI. I yield 10 minutes on nuclear-powered vessels. When you oxide emissions. It doesn’t create carbon dioxide emissions—it doesn’t con- to the Senator from Arizona. have that kind of background, you are The PRESIDING OFFICER. The Sen- maybe more comfortable with nuclear tribute to those. With respect to our environment and the quality of our air, ator from Arizona is recognized. power than those who have not lit- Mr. KYL. Thank you, Mr. President. erally lived on a floating nuclear pow- I think nuclear power is, if anything, a Let me make a general statement, erplant. friend. and also preliminarily comment on the I, as have a number of my colleagues, I acknowledge there are a lot of peo- debate that has been conducted by the had a chance to go to Yucca Mountain. ple who have legitimate concerns about two Senators from the State of Nevada. I visited the place. I talked to people the various aspects of nuclear power— They have been tenacious in the rep- who worked on that project for any a few of them have been pretty well resentation of their position. I take no number of years. I met with people in vetted here today. One of them is pleasure in opposing their position. Nevada who oppose the designation of transportation: how to move this nu- They are both fine Senators and are ex- Yucca Mountain and those who favor clear waste through dozens of States traordinarily good at representing the it. I have had the opportunity along and do so safely, especially in an age of interests of their constituents in this terrorism. with many of my colleagues to participate in hours of hearings and other particular case. I know it is not just a There are concerns about the terror- matter of representing the people who ists themselves and whether or not meetings with advocates and opponents of designating Yucca Mountain and li- have spoken out from the State of Ne- they might strike, either at a site such vada. I have talked to Senator ENSIGN as Yucca Mountain or at a barge or a censing Yucca Mountain. In the end it comes down to maybe a lot, and he has argued his case with railroad or a highway. a lot of personal conviction that you Before I served in the Senate a year two votes: one, a procedural vote as to whether or not we are going to vote to don’t always see in this body. I com- and a half ago, I served as Governor of mend both of them and make the point Delaware. During those years, I became proceed to the final vote and that is one that would carry on to the licens- that I take no pleasure in opposing all the more mindful of the transpor- them. tation of hazardous waste through my ing of Yucca Mountain. I said to my colleagues on the Energy Committee a I do, however, strongly believe it is State and alongside my State via the month or so ago, I have agonized with time for us to move forward with this Delaware River and the bay which di- this vote probably as much as any in process, and the next step in the proc- vides the State of the Presiding Officer my memory, trying to do, on the one ess is the approval of this legislation. and my State. Every day hazardous hand, what I think is the right thing Then there are other things that have materials make their way up and for my country and trying to treat my to be done, including the Department down the Delaware River. Throughout dear colleagues the way I would want of Energy action. I–95/I–495, which crosses my State and to be treated. It is a tough call. It is I want to make a comment about the railroads of my State, the Norfolk tough for me and I know it is for many this issue of the storage of nuclear Southern and CSX, we have dangerous of us. waste because the Palo Verde nuclear- materials every day traverse through- We have two votes. On the first vote, generating station just west of the city out Delaware—sometimes hazardous on the motion to proceed, if my vote is of Phoenix is the biggest in the coun- materials, sometimes explosive mate- needed—and I am going to stand in the try. It is a huge, successful, good nu- rials. We have learned to deal with well there—if my vote is needed in clear-generating station. It stores an them and deal with them safely. In Eu- order to be able to proceed to the final awful lot of waste. In fact, I believe, ac- rope, they have shown a record over vote, I will vote yes—if my vote is cording to the Nuclear Energy Insti- time of being able to transport nuclear needed. tute, more than 45,000 metric tons of waste in a way that is safe as well. On the final vote, if the motion to high-level radioactive waste are housed I know people who are concerned proceed is approved, I will vote yes on at the 131 sites in 39 States—sites such about nuclear power because of the the designation of Yucca Mountain. as Palo Verde. possibility there will be an accident at With that, I thank the deputy major- If we don’t use a storage facility such a nuclear powerplant. I acknowledge ity leader for yielding his time to me. as Yucca Mountain, the problem only those concerns are not illegitimate. Mr. MURKOWSKI. Mr. President, to gets worse. Each year, about 2,000 more The safety record of the nuclear power respond very briefly, under the agree- tons of radioactive waste are being industry has been better in the last 10 ment, there will be a rollcall vote on added to the total. years than probably in all the years be- the motion to proceed; then the agree- Senator ENSIGN made the point that fore, and it continues to improve. ment is that there will be a voice vote even if we have a site such as Yucca While I acknowledge, on the one on the final resolution. Mountain, of course, we are still going hand, the legitimate concerns about Mr. CARPER. I appreciate that. to have the other storage sites around nuclear power being a viable, growing When we vote, I will be here to vote. the country. That is very true. But I part of the generation of electricity in When the yeas and nays are asked for, think it begs the question of what we our country, I want to talk briefly my voice will say yes on that final are going to do with the majority of about the virtues, the advantages of vote. this waste. nuclear power. We had a great debate Mr. REID. Mr. President, the Senator It is a little like saying since every on energy policy over the earlier part from Alaska, having served here as Wednesday morning everybody in my

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6463 area of Phoenix is going to put their disappointed that some people—clearly site at individual facilities even if garbage out, and because we keep pro- not those on the floor of the Senate Yucca Mountain is licensed, as nuclear ducing garbage, we should not have a today—but there are some who have reactors continue to operate and gen- dump to where all of that garbage is really attempted to scare people in in- erate waste. taken. It is certainly true that every dividual communities with the notion But to keep all of the current and fu- Wednesday everybody is going to put that somehow there will be some great ture waste on-site at approximately 100 their garbage out. We produce more catastrophe as a result of the transpor- sites in above ground storage is not a garbage, and to store it onsite is in ef- tation of this material. That is so un- prudent long-term solution. In fact, fect storing it on the curb. That likely as to be something that should many facilities will be reaching their doesn’t argue for the proposition that not be of concern to us as we move for- storage capacity long before their li- there should not be a central reposi- ward with this legislation. censes expire. For these reasons, while tory where that material is taken and I urge my colleagues to recognize we continue to move forward with disposed of in a proper way. that at some point something has to be Yucca Mountain, we must also step up That is what we are talking about done. We can’t just allow the waste to our security at all the nuclear facili- here. We are going to continue to sit where it is. There is a safe, scientif- ties sites around the country. If all sys- produce waste. There will have to be a ically proven location where the mate- tems are a go with Yucca, it will be at place to temporarily store it at each of rial can be stored. The transportation least 10 years before any waste is these nuclear-generating facilities has also been throughly considered by moved. around the country. But eventually, the scientific community. A method My record is clear. I have supported when it cools off, it is put into these for transporting it has been developed. nuclear power and the obligation of the casks and transported to Yucca Moun- Sandia Laboratories, which has done a Federal Government to take responsi- tain. That is where most of the sci- lot of testing, assures us it would with- bility for nuclear waste. I am one of a entists have decided is the right place stand the most extreme accident sce- handful of current Senators who was to put it. narios. here in 1982 to vote on the National Nu- As a matter of fact, the scientific re- For all of these reasons, I think it is clear Waste Policy Act of 1982. I supports of the Department of Energy con- important for us to move on, get be- ported that initiative and again in 1987, clude that a repository at Yucca Moun- yond this next step, and allow the DOE I supported amendments to the 1982 act tain would protect the public health now to look at this Yucca Mountain which singled out Yucca Mountain to and safety in accordance with the EPA site for licensing. be examined as a nuclear waste reposi- and NRC guidelines. The Nuclear Regu- Again, I commend all of my col- tory. However, I have voted against latory Commission is in support. The leagues for the way in which this de- both the idea of interim, above ground Nuclear Waste Technical Review Board bate has been conducted. This is an consolidated storage and moving for- is in support. The experts on the Na- emotional issue with a lot of people ward with the process before the Sec- tional Academy of Sciences panel who around this country. But the debate retary of Energy formally rec- recommended the site note that there has been responsible and serious and ommended Yucca Mountain. is ‘‘worldwide scientific consensus’’ for based upon good science. I commend No one knows the costs and benefits the idea. both the proponents and the opponents of nuclear energy more than the resi- I might also add that there is now a for the way they have conducted this dents of my State. Connecticut has two new element that is injected into the debate. operating nuclear facilities and two debate. That is the element of ter- Thank you, Mr. President. permanently shut down facilities that rorism. We can’t talk about that a lot Mr. DODD. Mr. President, today, I are undergoing decommissioning. Nu- on the floor of the Senate. I am on the am prepared to vote in support of S.J. clear energy provides more than 45 per- Intelligence Committee. I can assure Res. 34 which approves the site at cent of the electricity generated in my colleagues that it is a significant Yucca Mountain for the development of Connecticut. Only Vermont, New issue to have this waste dispersed at a a repository for spent nuclear fuel, pur- Hampshire, New Jersey, Illinois and variety of sites around the country in suant to the Nuclear Waste Policy Act South Carolina have a larger percent- the conditions that currently pertain. of 1982, but I do so with great caution. age of electricity generated by nuclear It would be much better if we were able The vote we cast today does not give power. to take a majority of it, when we carte blanche to move this waste. In- It is a fact that while I have sup- could, to one site that is clearly safe stead, it signals a continuation of a ported nuclear power, I have also been from terrorism. Yucca Mountain is a process begun in Congress more than one of its most vocal critics when I be- remote location. It is 100 miles away two decades ago. The risks are not in- lieved the industry and oversight agen- from the nearest metropolitan area. It significant and in the coming months cies failed to exercise appropriate con- has the highest security—again, be- and years many steps must be satisfied trols over the facilities in my State. cause of its general proximity to the and many scientific tests undertaken I have also been a champion of the Nevada Test Site and Nellis Air Force before a license is issued by the Nu- need for alternative energy sources, in- Range. Those are reasons we think it is clear Regulator Commission and a sin- cluding renewables, to meet our grow- important to go ahead with the next gle shipment of waste is moved. In ad- ing energy needs and offset our step of the process and get this mate- dition, there must be open dialogue dependance on energy sources that gen- rial to Yucca. among industry, organizations, trans- erate waste, pollute our environment With respect to transportation, we portation experts, and government en- and cause public health concerns. I ap- know that there have been a lot of tities at the Federal, State, and local plaud people, including many of my questions raised. But the truth is we level to determine a safe and workable colleagues, who champion these issues, have had 45 years of experience and transportation system. If the ongoing drive fuel efficient and cleaner burning 3,000 successful shipments of used nu- scientific, environmental, or public automobiles, and make personal clear fuel. That is not exactly the same safety tests are not satisfactory, or a choices to use alternative energy as this fuel, but we have much better transportation system is deemed un- sources in their daily lives. casks now—these steel casks that have workable, then the site should not be We will be judged by future genera- been described in detail here on the licensed. tions not only by the decisions we floor that will be used for the transpor- For Congress to stop the process make in the coming months and years tation of the material. today with no viable, permanent alter- regarding nuclear waste, but also by There have been no radiation re- native solution on the table is short- the bold choices we make regarding our leases, fatalities, or injuries, nor any sighted and wrong. I recognize the lim- future energy security and the health environmental damage that has oc- itations on the amount of waste that and welfare of our planet. curred as a result of the transportation Yucca Mountain can accept and the This is not a perfect solution, but a of this radioactive cargo in the past. length of time it will take to transport reasonable step if the risks can be man- I am a little distressed by the fact the waste. I further understand that aged. I hope that it will be looked upon that people have been scared. I am very some waste will necessarily remain on as such in years to come.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6464 CONGRESSIONAL RECORD — SENATE July 9, 2002 Having said that, while I support the continue to increase conservation ef- sideration of the energy bill, I offered substance of this resolution, I voted forts which have already substantially two amendments to address these prob- against the motion to proceed. As contributed to reducing our reliance on lems and promote the growth of nu- chairman of the Rules Committee, I imports. We simply must diversify the clear energy. Both amendments were take the rules of the Senate very seri- source of our energy supply and we can included in the Senate version of the ously. It is my belief that despite what do so while protecting our precious energy bill, and I hope the conferees may have been written into the Nu- natural resources. will keep them in the final version. clear Waste Policy Act of 1982 and 1987, One of our great untapped resources The first amendment reauthorizes I believe it is the fundamental preroga- is nuclear energy. It is an important the Price-Anderson program, which tive of the Majority Leader to set the part of meeting our Nation’s energy provides liability protection to the agenda of the Senate. My under- needs and harmonizing our energy and public paid by the industry. The second standing is that at no time in the re- environmental policies. Over the past amendment provides needed Nuclear cent history of the Senate has that pre- 40 years, we have seen how safe and re- Regulatory Commission reforms to ad- rogative been violated. Moreover, I fail liable nuclear energy can be. We use it dress the human capital crisis that is to see why my colleagues felt the need today. Nationally, we obtain 20 percent impacting the NRC, improves licensing to violate that prerogative today. of our electricity from nuclear energy and decommissioning oversight, and There are still more than 2 weeks to plants and in my State of Ohio, nuclear strengthens anti-trust protections by bring this matter to the floor under es- power provides 12 percent of our total. moving the review process from the tablished practices of the Senate. Fur- But this level is far below what other NRC to the Justice Department. thermore, it is worth noting that this countries do. For example, France de- But the biggest impediment to the matter was brought up by the minority rives 70 percent of its electricity from growth of nuclear energy could not be during the middle of a very important nuclear power; Sweden uses 39 percent; addressed in the energy bill and that is debate to address wrongdoings and South Korea 41 percent; and Japan uses what brings us here today. Congress shortcomings in the accounting indus- 34 percent. recognized the importance and neces- try and corporate sector. I want to One of the reasons these countries sity of having one storage site for make this very clear, my vote against use so much nuclear energy is that it spent nuclear fuel in 1982 with the pas- the motion to proceed was not against produces zero harmful air emissions. sage of the Nuclear Waste Policy Act, S.J. Resolution 34, but out of respect None. I am not sure that many people which was signed into law. That law re- for the practices and prerogatives of realize this. Throughout my career, I quired the Department of Energy to lo- the Senate. If there had been a re- have been actively involved in the de- cate, build, and operate a deep, mined corded vote on S.J. Res. 34, I would bate concerning how to reduce emis- geologic repository for high-level nu- have voted aye. sions from power plants and continue clear waste. Mr. VOINOVICH. Mr. President, I to provide safe and reliable electricity In response to this law, the Energy rise today in support of establishing a to consumers. This has been difficult, Department identified, studied, and se- permanent nuclear repository at Ne- however, because so many so-called en- lected viable potential sites for this vada’s Yucca Mountain. Establishing a vironmentalists raise issue with all of purpose. In 1987, Congress then amend- single site for high-level nuclear waste our energy alternatives. ed the law and designated Nevada’s is the best thing we can do to meet our For example, here’s what they say: Yucca Mountain as the only site that growing energy needs in an environ- coal, which supplies 52 percent of our could be considered and stipulated the mentally sound manner, support our energy, is too dirty. Hydropower, further study was required to deter- domestic economy, and protect our na- which supplies 7.3 percent of our total mine whether that site was suitable. tional security. energy, is criticized because the dams Congress stipulated that the nuclear One of my goals in coming to the can disrupt the ecosystem. Due to waste storage facility was to be com- Senate was to enact a comprehensive lengthy and complicated environ- pleted by January 31, 1998. Obviously, U.S. energy policy that harmonizes our mental regulations, it is nearly impos- this deadline has not been met because energy and environmental needs. I sible to build new pipelines for natural the Energy Department wanted to be worked hard with my colleagues on the gas, which supplies 16 percent of our thorough and base their decision on Energy bill and after 6 weeks of debate, energy. Even windmills, the source so science. Some of my colleagues would this body finally passed legislation many of my colleagues point to, has have you believe that this was a rash that does just that. Our challenge in siting difficulties due to their noise decision. On the contrary, Secretary the energy bill was to encourage devel- and unsightly appearance. Nuclear Abraham recommended Yucca Moun- opment of domestic energy sources in a power, which supplies 20 percent, has tain after two decades and $7 billion of balanced way that respects seemingly been demonized because of the waste scientific research. competing needs, the economy and the issue, which can be solved. In addition, President Bush affirmed environment. These are not competing The science for using nuclear energy this recommendation. The House of needs, however. A sustainable environ- has been rapidly developing over the Representatives affirmed this rec- ment is critical to a strong economy, past several decades and nuclear en- ommendation overwhelmingly by a and a sustainable economy is critical ergy offers one of the best alternatives vote of 306 to 117 in May. The Senate to providing the funding necessary to for the future: a clean-burning and reli- Committee on Energy and Natural Re- improve our environment. able source of energy. sources affirmed this recommendation In order to maintain a strong econ- Since 1973, the use of nuclear energy by a vote of 13 to 10 in June. Now it is omy, we will have to produce more en- has prevented 62 million tons of sulfur the Senate’s turn. ergy to keep up with the growing de- dioxide and 32 million tons of nitrogen All of this support is based on mand. According to the Department of oxide from being released into the at- science. This is exactly what we want Energy, we need to increase by 30 per- mosphere. Nuclear energy also releases to see in the formation of public policy; cent the amount of energy we produce none of the so-called greenhouse gas science driving the policy. in the United States by 2015 in order to emissions, such as carbon dioxide. In Yucca Mountain is located approxi- meet our county’s demand. To ensure fact, according to the Energy Informa- mately 90 miles from Las Vegas in an that consumers have access to low- tion Administration, nuclear power has area that averages about seven inches cost, reliable energy, we must make offset more than 3.1 billion metric tons of rainfall a year. The Energy Depart- use of every available resource instead of carbon emissions between 1960 and ment does not expect water to come of putting all of our eggs in one basket. 2000 that would have been generated by into contact with any of the nuclear We need to increase our production of fossil fuels. material that will be stored there for oil, gas, coal, nuclear energy, and re- Nuclear energy has incredible poten- more than 10,000 years. Surrounded by newables. Keep in mind that only two- tial as an efficient and clean source of unsaturated rock layers, nuclear waste tenths of 1 percent of our total elec- energy, yet we face some major impedi- would be stored approximately 1,000 tricity comes from wind and solar ments that prevent us from taking full feet above any water, which is still power. At the same time, we need to advantage of its benefits. During con- about 1,000 feet below ground.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6465 Even if water somehow infiltrated ty. During this period, more than 3,000 scientific characteristics to serve as a Yucca Mountain and corroded the seal shipments have traveled 1.7 million repository, the Nuclear Waste Policy and then penetrated the robust fuel miles on roads and railways with only Act was amended to direct the Depart- containers before 10,000 years passed, eight minor accidents: no injuries, fa- ment of Energy to study Yucca Moun- natural and engineered barriers would talities, or release of any radiation. tain as a potential storage site. prevent or limit any release of radi- There are two reasons for this suc- The Federal Government has spent ation. Furthermore, Yucca Mountain is cess. First, the containers for the over 20 years and $8 billion analyzing located in a hydrologic basin, in which waste have been tested rigorously and studying potential sites for dis- water does not connect to any rivers, under extreme conditions, including posal of nuclear waste. This serious in- oceans, or the groundwater system being dropped from buildings, hit by vestment of money and human capital that serves Las Vegas. Through years trains, and burned at high tempera- has led to the clear conclusion that of scientific research, it has been deter- tures. Second, there are numerous safe- Yucca Mountain is indeed scientif- mined that the site is secure and that ty measures that federal agencies and ically and technically suitable for de- radiation exposure to the public would state and local governments have development. be well below both the stringent EPA veloped, including satellite posi- As a result of this massive effort, on limits and natural background radi- tioning, designation of special routes, February 14, 2002, Secretary of Energy ation levels. police escorts, inspections, and emer- Spencer Abraham formally rec- Let me emphasize: The resolution we gency response planning. ommended to President Bush that the are considering allows the Yucca Over the next 10 years as new sci- Yucca Mountain site in Nevada be de- Mountain program to continue to the entific discoveries are made, it is like- veloped as the Nation’s first long-term next step; it is not the end of the proc- ly that new regulations, procedures, geologic repository for high-level ra- ess. The site must still go through a and technology will offer further im- dioactive waste. I fully support this rigorous licensing review, which is ex- provements to the safety and security designation, and I will vote to move pected to last up to five years. More- of transporting spent nuclear fuel to forward with the process, allowing the over, the NRC still must address a Yucca Mountain. And the NRC in con- bipartisan regulatory experts at the whole host of issues including moni- junction with other federal agencies Nuclear Regulatory Commission to toring and testing programs, quality will continue to examine the safest and make a final determination of whether assurance, personnel training, and cer- most effective means of transport and to allow storage at the site. tification, emergency planning, and storage. Colorado, and indeed the Nation, has more. Failure to approve this resolution much to gain from the opening of Additionally, the NRC must use will have serious costs to our economy Yucca Mountain. Material that is cur- standards adopted by the EPA specifi- and national security. Our nation has rently scattered throughout the United cally and exclusively for Yucca Moun- already spent $7 billion over 20 years States will finally find a safe long-term tain. These strict standards provide researching this specific site. The shelter at Yucca Mountain—isolated in that an engineered barrier system greater cost is the current danger we the remote Nevada desert. should be designed to work in combina- face across our nation with 131 facili- Those opposed to opening Yucca con- tion with natural barriers so that, for ties in 39 states storing more than tinue to argue about the method of de- 10,000 years following disposal, the ex- 40,000 tons of spent nuclear material. livery to Yucca Mountain. Much has pected radiation dose to an individual To put these numbers in perspective, already been said in this respect, but I would not exceed 15 millirems total ef- about 160 million Americans live with- would like to point out that in the last fective dose equivalent per year, and 4 in 75 miles of these sites. 40 years, more than 3,000 shipments of millirems per year for groundwater ex- Establishment of a repository at spent nuclear fuel have traveled 1.6 posure. Yucca Mountain would allow all of the million miles in the United States with These are exceedingly stringent nuclear waste to be stored in one place, no radiation related injuries or deaths. standards designed to protect the pub- underground in a remote location. The The Nuclear Regulatory Commission lic from any harmful exposure, now or site is on federal property with re- has performed numerous safety tests in the future. To illustrate what the stricted access to the land and air- on the multi-layered containers that numbers mean, let me offer two exam- space, and as a further safeguard, the carry the nuclear substance. These ples. In Denver, Colorado, due to the Nellis Air Force Range is nearby. From tests, often exceeding regulatory re- higher altitude and cosmic radiation a national security perspective, one quirements, have never yielded any from the sun and stars, residents are site is easier to defend then many fa- negative or potentially harmful re- subject to at least 15 millirems of radi- cilities scattered throughout the na- sults. Additionally, nuclear waste is a ation more per year than people who tion. solid that is not flammable and cannot live in my hometown of Cleveland. On The current situation is also costly explode. The casks have surpassed ex- average, Americans are exposed to 4 in terms of capacity. The facilities pectations during rigid drop tests, millirems of radiation per year through which currently store this spent fuel puncture tests, heat exposure trials the naturally occurring radioactive po- are only designed to be used on an in- and submergence drills. tassium in the 140 pounds of potatoes terim basis and space is limited. The Public safety has always been a pri- that an individual eats on average each Energy Department estimates that re- ority, but has become even more im- year. placement facilities at each interim portant in this unprecedented time of This rigorous licensing process com- site would have to be built every 100 threat to our national security. I be- bined with the full completion of the years with major repairs every half lieve that the centralization of our site is expected to take 10 years. There- century. used nuclear waste 1,000 feet beneath fore, unlike most of the attention this Nuclear power is a necessary and the earth’s surface in a single, highly matter has received in the media, our sound part of our energy future that secure location is preferable to the cur- action in the Senate will not begin the makes sense for our environment and rent scattered distribution of nuclear transportation of nuclear waste to the our economy. Furthermore, because it waste in 131 temporary surface facili- repository. Instead, this resolution protects national security and the safe- ties in 39 States. simply affirms the science behind the ty of all Americans, I urge my col- Without Yucca Mountain, the fuel at project and allows the experts to con- leagues to listen to the science and the Fort St. Vrain facility will remain tinue to move ahead with their anal- support this resolution to affirm the there indefinitely. This means that the yses and reviews. President’s recommendation to estab- 2.6 million people in Colorado that live While some people have concerns lish a permanent nuclear repository at within 75 miles of a nuclear facility about the transportation of nuclear Yucca Mountain. will continue to live in close prox- waste, many people may not realize Mr. ALLARD. In 1982, Congress imity; our citizens will be forced to that nuclear waste has been shipped passed the Nuclear Waste Policy Act. wait another 20 years and spend 8 bil- across our country since 1964 and that In 1987, after being ranked as the site lion more taxpayer dollars to find an- it has an amazing track record of safe- that possessed the best technical and other suitable site. Without Yucca

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6466 CONGRESSIONAL RECORD — SENATE July 9, 2002 Mountain, major metropolitan areas in In many meetings with the NRC icy of simply treating spent fuel as my State will still have only 20 miles chairman, as well as many of the com- ‘‘waste’’ deserves careful debate. Spent between their town limits and a nu- missioners, I have always been im- fuel has immense residual energy con- clear facility that stores fuel above pressed with their intent to deal with tent. I am not convinced that we ground. Without Yucca Mountain, this, or any licensing issue, through should be making a decision today that waste being stored at facilities that are careful study of the relevant scientific future generations will have no inter- safely designed to hold waste for 50 to facts. The NRC has the expertise to est in this superb energy source. 100 years will have to wait untold years evaluate these outstanding issues, and I have noted that alternative spent for a new destination, costing billions I am confident that they will do so fuel management strategies should be of dollars. Without a favorable decision with great care. carefully studied and evaluated. Re- on Yucca Mountain, a facility that is It is not up to the U.S. Senate to de- processing and transmutation could designed to store nuclear material cide on the complex scientific issues not only recover residual energy, but safely for 10,000 years will shut down. that will eventually determine the fate could also vastly reduce the toxicity of It is important to note that this vote of a license for Yucca Mountain. Our the final waste products. does not mean that Yucca Mountain vote today is solely on the question of I am pleased that the Department will open tomorrow. What it does whether the licensing process con- plans for all spent fuel in Yucca Moun- mean, is that the next phase of science tinues. tain to be fully retrievable for at least can begin in earnest—highly skilled I have been very sorry to see the 50 years. We may find that these new nuclear experts will determine whether overblown concerns on transportation approaches can even be applied to the the facility merits a license to begin by those who wish to block further spent fuel in Yucca Mountain and they accepting the material. After that, any evaluation of Yucca Mountain. Appar- certainly will influence any additional shipping is subject to strict Nuclear ently the opponents of Yucca Mountain repositories that we may need. Regulatory Commission and U.S. De- are so intent on winning this battle In my view, the Nation is far better partment of Transportation guidelines that they are willing to use transpor- served by beginning to move spent fuel and regulations, and would not begin, tation issues to frighten the American into a single well-secured repository if Yucca is finally approved, until 2010. people into abandoning nuclear energy. than to leave it stored in temporary fa- I support the Yucca Mountain That would be a colossal mistake for cilities at 131 sites in 39 States. I sup- Project, and will continue to be an ac- our nation and would seriously under- port the joint resolution to override tive participant in the debate. I en- mine national security. the veto of the Governor of Nevada and courage my fellow colleagues to sup- The simple fact is that transpor- continue evaluation of Yucca Mountain tation of nuclear materials is a chal- port the project, and fulfill the require- as our Nation’s future repository. lenging and risky operation, but it is ments of the law imposed by Congress Mr. HATCH. Mr. President, I rise also an operation that has been exten- some 20 years ago. today to speak regarding the proposed Mr. DOMENICI. Mr. President, I am sively studied and engineered for suc- national nuclear waste repository at pleased that the Senate is preparing to cess. In the United States, as well as in Yucca Mountain, NV. After serious vote on the resolution that would allow other countries, the record for trans- consideration of this issue over the last porting spent fuel is superb. Opponents continued evaluation of Yucca Moun- several years and after carefully study- need to remember that the shipping tain’s suitability for a high-level nu- ing the track record of the nuclear in- casks for spent fuel are designed to clear waste repository. I compliment dustry in the United States, I have withstand the most rigorous condi- Senator BINGAMAN on his resolution concluded that I will not stand in the tions, and routes will be carefully cho- and on his success in reporting that way of sending this waste to a perma- sen to further limit risks. nent repository at Yucca Mountain. I resolution out of the Energy and Nat- In the United States, since 1960, we also understand the reservations ex- ural Resources Committee. have shipped spent fuel about 2700 Members don’t need to be reminded pressed by many of my colleagues in times and it’s traveled over 1.6 million this Chamber, and I have certainly of the vital role that nuclear energy miles. Sure, there have been a few acci- taken such considerations into account plays in our national security. There is dents. But no radiation has ever been in making my decision. no question that it directly impacts released in any of them. our environmental security and our en- The record at the Waste Isolation Utahns have a right to be skeptical ergy security. Without nuclear energy, Pilot Project is also spectacular. In about government promises with re- we would have far dirtier skies and be their 3 years of operations, they have gard to the handling of nuclear mate- far more dependent on foreign energy logged about 700 shipments traveling rials. In Utah, we have had more than supplies. over 1.5 million miles. And in Europe, our share of victims from government I have argued repeatedly that our na- over 70,000 metric tons of spent fuel activities relating to atomic testing tion must maintain nuclear energy as a have been shipped, an amount roughly and the uranium industry. I have met viable energy source far into the fu- equal to the total authorized limit for with too many Utahns who are suf- ture. With advanced technologies, it Yucca Mountain. fering needlessly. These Utahns were can become a fuel for centuries into Furthermore, in any debate about my inspiration when I passed the Radi- the future. Its clean reliable baseload transportation, the simple fact is that ation Exposure Compensation Act power will be essential in powering our route selection and detailed planning through Congress and when I improved economic growth for future genera- will begin at least 5 years before the this legislation a few years ago. Over tions, just as it is a vital component of first shipment and that the total num- the years, the act has provided com- today’s economic successes. ber of shipments in a year will be pensation to thousands of downwinder For nuclear energy to continue to around 175, a far cry from the 300 mil- victims. support our economy, we must address lion annual shipments of hazardous One of the top considerations in my the waste issue. There is no denying materials that are currently moving decision on this issue has been the fu- that these wastes represent an area of around the country. There will be plen- ture of a proposal for a temporary stor- risk but every energy source requires a ty of time to debate and optimize ship- age site on the Skull Valley Goshute balance of benefits and risks. The risks ping plans before any spent fuel moves. Indian reservation in Utah. Skull Val- associated with nuclear waste are ones In responding to the outstanding ley has been targeted by a private con- that we can fully control. issues raised by the NRC, I’m sure the sortium of nuclear electric generators I am well aware that hundreds of out- Department will continue to analyze as a temporary site for nuclear waste standing issues have been identified by the mountain and improve their mod- en route to Yucca Mountain, NV. I the Nuclear Regulatory Commission. eling and simulation. That is certainly have concluded that if the plan to send And the Department is well aware that important research that I fully sup- high level nuclear waste to Yucca they must address each and every one port. But I want to note that other re- Mountain is not approved, Skull Valley of the NRC issues before the Commis- search is also vital. will likely become the targeted alter- sion is going to move towards a final li- I have spoken on many occasions native for permanent storage even cense. with my concern that the Nation’s pol- though it is a private project only

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6467 being considered as a temporary facil- tricity. The obvious downside to nu- nearly 13,000 rail shipments over 38 ity. clear power is that its waste is harmful years, one of the highest in the Nation. I have many concerns regarding the to people. Yet, several States benefit And what is not transported by rail proposed Skull Valley site. Chief from the relative clean power that nu- will be transported by truck in I–70 and among these is that it would pose a se- clear plants generate. Clean air, clean through Vail Pass, a difficult mountain rious threat to the nearby Utah Test water, and efficient power are signifi- road winding through Colorado’s and Training Range, which is one of cant benefits that some enjoy. Rocky Mountains. Trucks wreck all the most important bombing ranges My opposition to designating Yucca the time on I–70. I am happy to know available to our military. The dangers Mountain is deeply rooted in my that we have not had any major nu- involving live ordnance or aviation ac- strongly held belief in States’ rights. I clear waste accidents by truck, but am cidents in the vicinity of the proposed believe that States should determine troubled by the possibility, just the above-ground nuclear storage casks their own destiny—when States elect same. present an unacceptable risk. Sec- or choose to benefit from a program or A colleague made a logical argument retary Abraham of the Department of policy, then those States should cor- about the benefits and risk. For him, Energy has made it clear to me that respondingly assume the costs, costs the benefits of designating Yucca the Department will not reimburse the that might not only be monetary. mountain make the risks tolerable. I nuclear industry for storing nuclear My State of Colorado did not choose am unable to make the determination. waste at Skull Valley. By not funding to build nuclear power plants. My Because I don’t know what the trans- the Skull Valley site, the Department State of Colorado did not choose to portation routes will be and my Gov- of Energy provides a significant incen- enjoy the benefits that nuclear power ernor does not have authority to des- tive for generators of high level nu- offers. Correspondingly, my State of ignate or oppose routes, I can’t engage clear waste to find solutions to storage Colorado never chose to assume the rein a cost-benefit analysis. problems either on-site or to send ma- sponsibility of storing nuclear waste In the absence of state oversight au- terials directly to the permanent site and, therefore, we do not. thority to regulate, and without suffi- proposed at Yucca Mountain. Some States favor storing nuclear cient information on route designa- Also a top concern for me and many waste and enjoy the economic benefits tions, the risks are too great for this Utahns has been the issue of the safe of doing so. My neighbor to the south, Senator to approve Yucca Mountain. and secure transportation of these ma- New Mexico, for example, chose to Mr. KERRY. Mr. President, I rep- terials through Utah as they travel to store nuclear waste in Carlsbad. The resent a State with one active nuclear Yucca Mountain, NV. As you may be WIPP facility there is a major source reactor powerplant and a second de- aware, well over 80 percent of the high of revenue for the community and the commissioned nuclear power plant, level nuclear waste proposed to be State. Although it has some detrac- both of which are storing nuclear waste stored in Yucca Mountain is projected tors, I think that it is widely regarded far beyond their initial design limits. I to travel through populated areas of as a big plus. The State of Nevada, can assure you there is much concern Utah. however, unequivocally opposes storing within my State over what the govern- Only after receiving a firm commit- waste at Yucca Mountain. It objects ment plans to do with nuclear waste ment from Secretary Abraham that the for a variety of reasons. Whereas the and a sense of urgency to get some- Department of Energy will work with State of New Mexico considers storing thing done. I cannot in good conscious the State of Utah to formulate an en- nuclear waste good for business, the however vote to make Yucca Mountain hanced and updated transportation State of Nevada believes that storing the destination for all of our nuclear plan do I feel confident in casting this nuclear waste at Yucca will kill busi- waste when a number of studies urge vote today. The plan will address oper- ness. Nevada’s economy relies, perhaps caution and further study to make sure ational procedures, additional emer- more than any other State in the Na- that we are not making a mistake, a gency first responder training, and co- tion, on tourism. mistake that could plague the people ordination efforts between State gov- I cannot, in good conscience, vote to of Nevada and potentially more than 40 ernments and the Department of En- override a Governor’s veto, when the other States in which we will transport ergy regarding the safe transit of nu- long-term effect has the potential to this nuclear waste in the years to clear materials to Yucca Mountain. I destroy that State’s economy. During come. would like to make it clear that the hearings before the Committee on En- In the late-1970s President Carter, Utah congressional delegation will ergy and Natural Resources on desig- himself a nuclear engineer, initiated an closely monitor the development of nating Yucca, I noted my moral opposi- Interagency Review Group, IRG, to this updated transportation plan. tion. Today, I reiterate that argument. solve once and for all the high-level nu- In closing, I want to underscore how I likened the issue to a homeowner clear waste problem in the United difficult this decision has been for me. who builds his big house on a small lot, States. The IRG tasked the Depart- I could never support any policy that and then realizes that he failed to build ment of Energy with finding the best would place Utahns at risk, and I be- a septic tank for the house. Rather sites in the country for storing our nu- lieve that my decision to support the than change his design, the homeowner clear waste. At the same time, the En- Yucca Mountain project is consistent just puts the septic tank on his neigh- vironmental Protection Agency, EPA, with that. This decision has come down bor’s property. I don’t want someone and the Nuclear Regulatory Commis- to my commitment to fight against the else’s septic tank on my property. The sion, NRC, were tasked with developing ill-advised and under-equipped facility State of Colorado doesn’t want a septic criteria for the selection of sites. Then, proposed for Skull Valley, UT, and a tank. We shouldn’t force Nevada to be in 1982, Congress enacted the Nuclear firm commitment from the Depart- a septic tank for other States. Waste Policy Act, NWPA, which in- ment of Energy concerning the safe Furthermore, I am concerned about cluded a commitment to identifying and secure transportation of these ma- the routing of nuclear waste shipments two sites. Between 1982 and today, how- terials. With these strong commit- going through Colorado toward Yucca. ever, the process was changed. In 1987, ments from Secretary Abraham, I have I realize that the routes that have been Congress amended the NWPA by direct- decided that I should not stand in the referred to are not certainties, but ing DOE to develop only one site, way of sending this waste to its perma- they are certain possibilities. After Yucca Mountain. Yucca Mountain was nent resting place in Yucca Mountain. this vote, the Congress will have a very selected as the only site for purely po- Mr. CAMPBELL. Mr. President, I rise limited voice in choosing routes. I litical reasons. today to speak on designating Yucca share many of the same transportation Over the years, the EPA has lowered Mountain as the Nation’s waste reposi- concerns some of my colleagues have standards when they discovered that tory in the State of Nevada. expressed. I don’t want to restate all of Yucca Mountain could not meet the ex- But before I start, I would like to get their points. Rather, I just want to isting ones. They abandoned a collec- a few things clear. First, I don’t oppose note that if Yucca mountain moves for- tive radiation dose limit when it was nuclear power. Nuclear power is an effi- ward, Colorado will likely be a major discovered that the Yucca site could cient and clean way to generate elec- transit route for nuclear waste with not meet it, and, just last year, the

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6468 CONGRESSIONAL RECORD — SENATE July 9, 2002 EPA promulgated final standards for this time, there were 47 safety inci- cedural grounds, I agree with the ma- licensing Yucca Mountain that rely on dents involving nuclear shipments, in- jority leader that to consider the issue dilution of nuclear waste as opposed to cluding six accidents. Much is left to be now would be an unacceptable diver- containment. In other words, we decided on transportation and I for one gence from Senate practice and proce- changed the standards so that we did am reluctant to proceed until we have dure. It is the right of the majority not have to change the site. Yucca answers as to how this material will be leader to schedule the consideration of Mountain was picked, in part, because shipped, on what routes, by what legislation on the floor of the Senate, it is an arid, unpopulated area already means and near what major cities. and for me to vote for this motion owned by the federal government, None of these questions have been an- would be to sanction what I view as an which used it as a nuclear test site swered, and I believe we should know if inappropriate procedure. from the 1950s to the early 1990s. The we can move this radioactive waste But the biggest problem is the sub- original theory was that, if canisters safely before we designate a national stance of this plan. I don’t believe that deteriorated, there would be little repository. the Yucca Mountain site is ready to be water in the dry ground to carry the The routes for transporting nuclear approved by the Congress. There is an radioactive waste to other areas. But waste to Yucca Mountain have not old saying: ‘‘underpromise, overper- that theory has already been thrown as been finalized by DOE. The DOE is cur- form.’’ Unfortunately, the Yucca Chlorine-36, a radioactive isotope cre- rently considering three modes of Mountain nuclear waste storage plan ated during nuclear weapons tests over transportation, rail, truck and barge, overpromises and underperforms for the Pacific Ocean in the 1950s, was re- but the DOE has not finalized the the people of my State. I have studied cently discovered 1,000 feet below modes nor the routes. In the Final En- this issue carefully, mindful of how im- ground at Yucca Mountain. In just 50 vironmental Impact Statement, EIS, portant nuclear power is to Con- years, that material traveled in the at- for the Yucca Mountain project, DOE necticut, and of how concerned Con- mosphere to Nevada, was delivered as proposed a set of truck, barge and rail necticut families are about the health rain at Yucca Mountain and traveled routes. These routes make use of major and safety effects of storing nuclear at least 1,000 feet below the surface— highways and pass through several of waste on site. They are right to be con- the level where the nuclear waste the Nation’s largest metropolitan cerned. But after many months of de- would be stored. Such rapid movement areas. The EIS for Massachusetts liberation, I have decided that the was completely unexpected and re- shows that if trucks are used to move plans aren’t ready. Voting to create a quired a revision of models of water the waste, 456 truck trips would origi- waste repository at Yucca Mountain flow in the area. nate in the Bay State and another 1,469 today would solve no problems and cre- Because of this Chlorine-36, the DOE trips would transit the state en route ate a few new ones for the people of my plans to bury the waste in canisters to Yucca Mountain. Under the rail sce- state. It is not wise policy. made of Alloy 22—a new composite nario, the EIS showed that 39 rail trips I believe the most obvious indication metal containing nickel, chromium would originate in Massachusetts and of this fact is the Department of Ener- and molybdenum—and then lined on another 511 would pass through the gy’s plans to apply for a license from the inside with stainless steel. Alloy 22 state en route to Yucca. In addition, the Nuclear Regulatory Commission. is resistant to corrosion from water, the NRC is responsible for testing the Even though the Nuclear Waste Policy but it is a manmade substance that has containers that the waste will be Act instructs the Energy Department existed for only about 20 years. The shipped in. Thus far, all of the NRC to submit an application to the Nu- DOE has only about 2 years of data on tests relied exclusively on computer clear Regulatory Commission 90 days the effects of corrosion on it. Using simulation to test the storage con- after Congress acts, Secretary Abra- such limited data, the government is tainers against fire and water damage. ham has stated that his agency will predicting the life expectancy of the I think we can all agree that more test- not submit an application until Decem- canisters 10,000 years into the future. ing is needed with actual storage con- ber 2004 at the earliest. Obviously, the No other nation is planning to use tainers to ensure the safety of all Energy Department is not ready to Alloy 22 to bury its nuclear waste, and Americans. make their case for this site. Why the material does not exist in nature, Because of this lack of testing and should we be endorsing the project long so there is no way of naturally pre- with real concern for their cities, the before the Department is ready? dicting how strong it will prove to be. Conference of Mayors recently passed a From studying the plans for the site, Clearly, further study is needed before resolution calling on the Federal Gov- I believe that the reason that the En- reliable predictions can be made. ernment to oppose the Yucca Mountain ergy Department is not ready to sub- I am concerned that President Bush repository until the serious safety con- mit its application is because, simply, approved Yucca Mountain despite the cerns in the transport of nuclear waste too many unanswered questions re- fact that the General Accounting Of- were answered. Some of these concerns main. In dealing with nuclear waste, fice back in December of last year, include the lack of physical testing of we should first do no harm. identified more than 200 important sci- the transport casks and the lack of It is too soon to say conclusively entific and technical questions about money and knowledge in our cities that the Yucca Mountain plans meet Yucca Mountain that remain to be an- needed to deal with an accident involv- that standard. Consider the storage swered. This is especially troubling being nuclear waste. I believe we would problems. In a December 2001 report to cause Presidential candidate Bush be wise to listen to our mayors. members of Congress, the General Ac- promised back in 2000 that ‘‘sound None of us here today want this counting Office wrote of ‘‘uncertain- science, not politics, must prevail’’ in waste to stay onsite forever, but we ties’’ relating to the ‘‘longevity of [en- determining whether to bury nuclear need a safe and responsible solution for gineered] waste containers,’’ and noted waste at Yucca Mountain. The GAO re- disposal of the waste we have created. that ‘‘significant work is needed’’ be- port urged the administration to post- And we urgently need to develop a pol- fore the safety of the containers can be pone a decision until these questions icy that protects the health and safety substantiated. The GAO also felt that could be answered. I am disappointed of local communities and all Ameri- more studies needed to be completed that the administration has failed to cans. There are too many unanswered before the physical characteristics of listen to the GAO. questions about the long-term effects the site could be declared suitable for There are transportation issues as of storing the waste at Yucca Moun- the project. Most notably, the report well. I am not entirely convinced that tain and the means by which we trans- stated the GAO’s uncertainty on ‘‘how we have a well-thought-out plan for port that waste there, and that is why the combination of heat, water, and moving all of this nuclear waste from I am voting no today. chemical processes caused by the pres- around the country. The safety record Mr. LIEBERMAN. Mr. President, I ence of nuclear waste . . . would affect of nuclear waste transportation should vote today against the motion to pro- the flow of water through the reposi- give us pause. Between 1964 and 1997, ceed to the consideration of the Yucca tory.’’ Among the remaining physical the DOE made approximately 2,913 Mountain resolution. I have cast this ‘‘uncertainties,’’ the GAO prominently shipments of used nuclear fuel. During vote for several reasons. First, on pro- listed: faulting and fracturing of the

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6469 repository rock; the flow of water We need to deal with this nuclear leaving some, if not most, of the future through the repository rock; and the waste—but no one has demonstrated waste that will be produced sitting stability of the repository rock under yet that Yucca Mountain is the answer. along the banks of rivers, beside both heated conditions and conditions in- With technology advancing every day, our small local communities and our volving seismic events as main con- perhaps it will be the answer tomor- largest population centers. This is not cerns. row. Or perhaps in the future we will adequate. This is not acceptable. The GAO’s view of uncertainties was find another, much better solution. Therefore, despite my past voting seconded by the Nuclear Waste Tech- Until then, the imperfect status quo is record on this issue, I will cast my vote nical Review Board—an independent better than a highly uncertain and in- today against the sitting resolution for review board that acts as a check for complete plan such as this one. Yucca Mountain, because it does not the Energy Department’s view of the This proposal is simply not yet ready finish the job we must do. Unlike my science. In a January 24, 2002 letter to for our consideration. Unfortunately, previous understanding, the Yucca site Congress, the Review Board offered the Energy Department has stated that will not provide a sound, permanent criticisms of the DOE study, finding it will not continue to consider the site and comprehensive solution to the that, ‘‘as a whole . . . the technical if this vote does not go its way. I think problem of our nuclear waste disposal. basis for the DOE’s repository perform- that is the wrong approach—the ques- All it does it provide a partial measure, ance estimates is weak to moderate.’’ tions I have raised today may be able one that can lull us into a false sense But, the most important point for to be answered satisfactorily with of security that the issue is taken care my home state of Connecticut is that, more planning and better technology, of. It is not. even if Yucca Mountain worked per- and if they are, I would probably sup- I understand that Yucca Mountain, if fectly, with none of the potential prob- port the site. But this proposal is not approved today as I assume it will be, lems that many experts have raised, it ready for prime-time, and I am con- will take some of the waste, both from would not answer our problem of nu- cerned that it will not be responsible to my State and others. That is of course clear waste storage. It gives the people proceed to its consideration at this helpful, as far as it goes. of my State the false hope of a solution point. But Americans should not be misled to this serious problem. In fact, the Mr. JEFFORDS. Mr. President, we into believing that the Yucca Moun- plan may well create new problems in are voting today on whether to move tain site will solve America’s waste many areas of the state that are now forward on development of Yucca problem. I would be derelict in my du- free of nuclear waste problems. Mountain as a permanent disposal site ties were I not to dispel this motion. I It is not as if, if we were to approve for our Nation’s nuclear waste. do so with my vote today in opposition this site, the tons of nuclear waste in Nuclear power provides an emissions to the Yucca Mountain proposal, under Connecticut would be instantly trans- free energy source. My State of its current limitations. I do so not be- ported to Nevada. Rather, it would Vermont, along with 39 other States, cause I don’t recognize that Yucca has take 40 years and thousands of ship- relies on nuclear power for a large por- the potential to provide some relief to ments to transport that waste across tion of its electricity generation. It is storage concerns at Vermont Yankee the country, and by the time Yucca an important part of our energy mix. and other sites. I take this vote instead was filled, we would have generated Nonetheless, we must be realistic in because we cannot allow it to be just as much waste at each of Con- dealing with the downsides associated viewed as the panacea to our nuclear necticut’s nuclear sites. So the opening with nuclear power. Over 30 years ago, waste storage problem. of Yucca Mountain will not free us of as Vermont’s Attorney General, I was We must continue to work with the the terrorist threat at each of the concerned about the impact of nuclear nuclear industry and with the adminis- sites. To the contrary, it will disperse waste on our environment and the tration to find a safe and comprehen- the waste even more than it is cur- health of Vermonters. As Attorney sive solution to this extremely vexing rently dispersed. General, I fought to improve the safety problem. We cannot rest on our laurels And the most dangerous waste of standards at Vermont Yankee by call- for the next 10, 20 or 30 years, only to all—the ‘‘hot’’ waste that has just been ing for the use of new technology that wake up to expanded nuclear waste removed from the reactors—cannot be dramatically reduced airborne radi- piles with nowhere to go. moved off of our sites in Connecticut ation. When the industry resisted, I re- I trust my vote today will help em- until it has cooled for at least 5 years. quired Vermont Yankee to enter into a phasize this continuing need, and our Thus, as long as we are operating nu- contract with the State to use the best continuing obligation. clear plants in Connecticut, we will available technology to control radi- I take this vote only after many long have dangerous nuclear waste at those ation and to accept State monitoring, hours of carefully examining the facts plants. In other words, the current protecting the Connecticut River and of this matter. The truth is, I am more Yucca storage plans do not resolve the people of Vermont. The Atomic En- concerned than ever that we are just Connecticut storage issues. ergy Commission later accepted these delaying the problem. Vermonters need Finally, I am concerned that the technologies as their industry stand- to know that under the Yucca ‘‘solu- transportation of the waste would ard. tion’’ high-level waste is still likely to bring new problems to regions of Con- Throughout my time in Congress I be stored forever on the banks of the necticut that do not face them. The have continued to work for a com- Connecticut River. All Americans need Energy Department has formulated no prehensive solution to our nuclear to know similar waste storage prob- logical and systematic plan regarding waste problem. Back in 1977, I intro- lems will still exist on our Nation’s wa- the transportation of waste. To trans- duced a bill in the House calling for a terways. port the approximately 40,000 tons of comprehensive nuclear waste disposal Over the years, I have consistently nuclear waste to Yucca Mountain, over strategy. I maintained then, as I do supported a central storage solution 100,000 truck shipments or 36,000 com- now, that finding an effective solution for nuclear waste. I continue to believe bined rail and truck shipments would to the waste problem is critical to the that it is essential that we find a per- be needed, to be spread over the next 40 future of nuclear power in this coun- manent, central storage site if we are or so years. This would include waste try. to continue to produce nuclear power. from other States coming across on So I have been working on this prob- The current proposal before us is Connecticut highways and railroads. lem for a long time. I have supported merely a partial, interim step, and The attacks on September 11 have cre- the Yucca Mountain proposal in the must be recognized as such. We must ated major new questions about the past, in the belief that it would resolve not just blindly continue to produce transport of this waste, which could the problem, and contain both our past nuclear power, without a comprehen- have a major effect on my State and and future nuclear waste. sive and safe solution to the disposal of which have not been addressed. Until However, the truth is that Yucca the waste we produce. some safe and proven plan to transport Mountain will not provide this solu- I urge my colleagues and this admin- this waste is offered, I am troubled by tion. It is now clear that Yucca Moun- istration to not relax our diligence in the danger on our roads and rails. tain will only take part of the waste, focusing on the next step, a real and

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6470 CONGRESSIONAL RECORD — SENATE July 9, 2002 comprehensive solution to nuclear ance assessment model. The board has If we are so confident of the safety waste disposal. found that high temperatures in the and durability of these titanium stor- Mrs. FEINSTEIN. Mr. President, I DOE’s repository design increase un- age casks, why not use them to store am voting against this resolution. I certainties and decrease confidence in nuclear waste at or near existing reac- support the development of a long-term the performance of these metal storage tor sites and thereby eliminate the risk strategy of storing our Nation’s nu- containers. of transporting these hazardous mate- clear waste. However, a single storage According to Dr. Jared Cohon, the rials across the country? repository is not the answer to our nu- chairman of the board, ‘‘gaps in data The most immediate question that clear waste problem. and basic understanding cause impor- need to be answered, however, is, how I have three major concerns about tant uncertainties in the concepts and will we transport all of our nuclear the proposed Yucca Mountain nuclear assumptions on which the DOE’s per- waste to Yucca Mountain? While some waste repository: first, the repository’s formance estimates are now based.’’ argue that the repository will increase inadequate storage capacity, second, The half-life of these titanium stor- national security by decreasing the the environmental risks of storing nu- age containers is still unknown. Sci- number of storage sites, the transpor- clear waste at the site, and third, the entists have found that the first con- tation of nuclear waste to the site risks of transporting nuclear waste to tainer failures could occur after 10,000 would actually create thousands of the site. years, although one board member said moving targets. Based on these factors, I believe it it was ‘‘hopeless’’ to know how long the In order to move the Nation’s nuclear would be a mistake to bring all of our container would last, given just a few waste to the Yucca Mountain reposi- Nation’s nuclear waste to Yucca Moun- years of research. Perhaps failure could tory, DOE would have to transport tain. Instead of a single repository, it occur much sooner. thousands of metric tons of nuclear would be better to develop regional nu- In comparison, Uranium 235, the waste across the country and those clear waste permanent storage facili- basic fuel used by nuclear reactors, has shipments would take decades just to ties which would increase overall stor- a half-life of 704 million years. move the waste that has already been age capacity and reduce risks associ- It would be simply irresponsible for generated. us to bury such hazardous nuclear ated with transporting waste great dis- Keep in mind that nuclear power pro- waste when we don’t have a good idea tances. vides a quarter of our Nation’s energy Today nuclear waste is stored at 131 about how long the containers could needs and we generate hundreds of facilities in 39 States. These facilities hold up. spent nuclear fuel rods each day and One of the most significant problems hold nearly 47,500 metric tons of nu- nearly 2,200 metric tons of nuclear found at the site is the amount of sub- clear waste. This amount is growing waste each year. surface water present under Yucca If we had a way to magically move rapidly. Within 40 years, it is estimated Mountain. Water promotes corrosion all of the nuclear waste to Yucca that our country will have generated and movement of radioactive material Mountain, it might be safer to have a nearly 108,000 metric tons of nuclear and its presence in a repository is a se- single repository. However, this is not waste. rious drawback. As the titanium casks the case and the transportation of nu- The Yucca Mountain repository, as I erode over time, we could face a poten- clear waste poses unnecessary risks for understand it, is authorized to hold tial disaster as this water becomes con- accidents and attacks. only 70,000 metric tons. So at our cur- taminated and flows into the water According to DOE, it would take an rent rate of nuclear waste production, table. estimated 24 years for the full 70,000 we will have generated this amount by California counties have expressed metric tons of nuclear waste to be the earliest estimated date of the re- their rightful concerns of subsurface transported to Yucca Mountain. pository’s opening in 2010. In fact, we water at Yucca Mountain surfacing at DOE has not yet determined exactly may generate the full 70,000 metric populated areas downstream of the how this nuclear waste would be trans- tons of nuclear waste before the site site. ported. The Department estimates that ever opens. For instance, Inyo County in Cali- it would take 53,000 trips by truck over What is the point of creating a stor- fornia, with a population of 17,945, lies the proposed 24-year time period. If the age site that will be filled to capacity downstream of the proposed repository. nuclear waste traveled by train, that before it even opens? Contaminated water could very easily scenario would involve an estimated I am very concerned about the envi- spread from the repository directly 10,700 rail shipments. ronmental risks surrounding the site into their towns and homes. The site is scheduled to open in 2010 storage. DOE was supposed to rec- Death Valley, one of our Nation’s ec- according to DOE’s earliest predictions ommend or reject the Yucca Mountain ological and environmental treasures, and at the end of all shipments in 2034, repository with geologic considerations is also only about 20 miles from the re- there would still be: nearly 42,000 met- to be the primary criteria. I find it dis- pository. Water contaminated with nu- ric tons of commercial nuclear waste turbing that the suitability of the clear waste could destroy one of the stored in 63 nuclear power plant sites Yucca Mountain repository has instead jewels of our National Park System. in 31 States; and about 7,000 metric focused on container material. DOE refutes the idea of possible harm tons of DOE generated waste stored in These titanium waste containers are of water contamination based on the 4 states. DOE’s principal method of providing titanium casks the Department has This is why I believe a single reposi- safety and security of the nuclear proposed to store the nuclear waste. tory is not capable of meeting our waste and repository and ensuring the Yet in March of 2001, the NWTRB long-term nuclear waste storage needs. protection of surrounding areas. wrote to DOE expressing its concern Such shipments present unnecessary Yet how can we be so confident in that important water flow processes risks in transporting numerous ship- our support of such containers when we around Yucca Mountain remain poorly ments of hazardous materials from don’t know about their longevity and understood and should be further stud- New England to Nevada. durability? ied. As a result of this plan, significant The Nuclear Waste Technical Review The board has criticized the lack of amounts of nuclear waste will undoubt- Board, which was established by Con- critical corrosion data on the titanium edly move through or near populated gress specifically to ensure that a re- casks in the DOE’s basic design con- urban areas, potentially jeopardizing pository adequately protects the public cept. According to the board, ‘‘We are the safety of millions of Americans. health and the environment and it has betting the performance of the systems And commercial spent nuclear fuel voiced similar concerns. Last year, the on the long term performance of these from nuclear power reactors would board termed the technical basis for effectively new materials.’’ comprise about 90 percent of the waste DOE’s repository performance esti- The fact is we simply do not know shipped to the repository. DOE has ac- mates as ‘‘weak to moderate.’’ enough about the durability of these knowledged that this waste is ‘‘usually As a result, the NWTRB has limited containers and how they will hold up intensely radioactive.’’ confidence in current performance esti- under intense natural conditions for According to DOE’s Final Environ- mates generated by the DOE’s perform- thousands of years. mental Impact Statement, (FEIS)

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6471 more than 123 million people currently radioactive materials from a shipping long-term nuclear waste storage needs live in 703 counties traversed by DOE’s container, resulting in radiation expo- and poses serious risks to our environ- proposed highway routes and 106 mil- sures to members of the public and la- ment and national security. A system lion live in counties along DOE’s pro- tent cancer fatalities among the ex- of regional storage repositories could posed rail routes. posed population. eliminate these risks and provide the Using potential truck and rail trans- The July 2001 Baltimore rail tunnel adequate and safe permanent storage of portation routes identified by DOE, the fire has been cited as an example of the nuclear waste that our country needs. Environmental Working Group, a na- dangers of shipping nuclear waste by Mr. AKAKA. Mr. President, I rise tional environmental research organi- train. today in opposition to House Joint zation, estimated that waste shipments The fire burned for 3 days with tem- Resolution 87, the Yucca Mountain res- to the Yucca Mountain repository peratures as high as 1500 degrees Fahr- olution, to approve the development of could pass within a mile or less of enheit. A single rail cask in such an ac- a repository for the disposal of high- 14,510 schools, 933 hospitals and the cident could have released enough ra- level radioactive waste and spent nu- homes of 38.5 million people. dioactive material to contaminate an clear fuel, pursuant to the Nuclear When the distance from routes is ex- area of 32 square miles. Waste Policy Act of 1982. panded to 5 miles, waste shipments In addition to the harm inflicting Since the advent of nuclear power could pass 36,228 schools, 1,831 hospitals surrounding populations, the FEIS es- nearly 50 years ago, we have been con- and the homes of 109 million people. timates the clean-up costs of such an cerned about the problem of waste gen- Preliminary routes in Southern Cali- accident could potentially reach $10 erated by the production of electricity. fornia slate waste from the Diablo Can- billion. Today we are considering a decisive yon powerplant to be shipped about 200 Failure to clean up the contamina- step towards a solution to the dilemma miles on a barge to Port Hueneme in tion of such an accident could cause of high-level nuclear waste as man- suburban Ventura County just north of 4,000 to 28,000 cancer deaths over the dated by the act. But the path forward Los Angeles, which is one of Califor- next 50 years. Between 200 and 1,400 la- is not risk-free. nia’s five busiest ports and the nation’s tent cancer fatalities would be ex- There are problems associated with biggest export site for citrus. pected from exposures during the first the siting. The General Accounting Of- These shipments pose potential year. fice has raised serious questions re- threats to some of the most densely A successful terrorist attack using garding the seismology, stability of the populated areas in the U.S. repository, and long-term effects of Additionally, routine radiation from high energy explosives could result in heat, water and chemical processes in shipping casks poses a significant similar destruction and damage. and around the waste containers. health threat to workers handling such The FEIS concedes that a high-energy explosive device could rupture the I am concerned about dangers posed shipments. by transporting thousands of tons, and In the most extreme example, motor wall of a truck cask, leading to the dis- thousands of shipments, of high-level carrier safety inspectors could receive persal of contaminants into the envi- nuclear waste through 43 States. Each cumulative doses large enough to in- ronment. A single blast resulting in 90 truck could potentially carry more crease their risk of cancer death by 10 percent penetration of a truck cask long-lived radioactivity than released percent or more and their risk of other could lead to 300 to 1,800 cancer fatali- at Hiroshima. I am sympathetic to serious health effects by 40 percent or ties. Full perforation of a cask could those States that face the risk of more. cause 3,000 to 18,000 cancer fatalities. According to the Nevada Agency for Cleanup and recovery costs of such an transportation-related accidents or ter- Nuclear Projects, public perception of incident would exceed $10 billion. rorist attacks. Because of our experi- transportation risks could also result These threats should be taken very ence in the Pacific with nuclear testing in economic costs to those commu- seriously and this assessment furthers and resulting exposure to radioac- nities along shipping routes. Even my belief that the long and complex tivity, I urge caution when dealing without an accident or incident, prop- transportation of nuclear waste to a with long-lived radioactive material. We have similar transport problems erty values near these routes could de- single site is a threat to our national on the world’s sea lanes. Last week, cline by 3 percent or more. In the event security. Japan returned a shipment of mixed of an accident, residential property Based on these concerns, I do not be- plutonium-uranium oxide fuel, MOX, to values along shipping routes could de- lieve that Yucca Mountain is the an- the United Kingdom because it was cline between 8 percent and 34 percent, swer to our current nuclear waste secu- sent to Japan with falsified safety data depending on the severity of the acci- rity nor our long term nuclear waste and without proper safety checks. The dent. storage problem. DOE takes great pride in its record of According to Dr. Victor Gilinsky, a safety and security of nuclear waste, safe transportation of hazardous mate- former Commissioner of the Nuclear whether transported on the highways rials for over more than 30 years. Dur- Regulatory Commission, Yucca Moun- or the high seas, should be of great ing that time, there have been only tain is not needed to continue, or even concern to Americans. During my ten- eight accidents and none of them re- expand, nuclear power use. There is ure in the Senate, I have closely mon- sulted in the harmful release of radio- ample opportunity to expand existing, itored the safety and security of ship- active material. NRC-approved, on-site storage. As he ments of MOX from Europe to Japan However, during that time period, we testified before the Senate Energy for nuclear power purposes. On numer- were moving fewer than 100 shipments Committee: ous occasions I have voiced concerns per year. the important thing now is to recognize that with transportation plans and associ- Over the next 24 years, there would there is no immediate crisis, that there is ated security measures for the ship- be an estimated 2,200 shipments per time to do this and to do a good job and re- ments of nuclear material in the Pa- year heading to the Yucca Mountain sponsible job in terms of safety and security, cific. Recent warnings and alarm over repository alone. There would also be and to do it at a much lower cost to tax- the threat of procurement and use of more than 10,700 cross-country ship- payers than Yucca Mountain represents. nuclear materials for crude explosive ments occurring at an average of 450 I believe a regional system will pro- devices known as ‘‘dirty bombs’’ per year. vide us with both immediate and long- heightens the need to be vigilant and This enormous increase in shipments term results. Immediate in the sense careful in the transport of nuclear ma- would greatly increase potential acci- that we can explore expanding storage terial. dents. at current NRC-approved sites. Long- I am not convinced that the plan pro- According to the National Highway term in the sense that it will produce a posed by the administration has ad- Traffic Safety Administration, 457,000 system of regional permanent storage dressed all of these risks. Clearly, we large trucks were involved in traffic sites that will meet our long-term nu- can’t walk away from the nuclear crashes in the year 2000 alone. clear waste storage needs. waste dilemma, and the nation must According to the FEIS, a very severe I cannot support a site that does not address this intractable problem. We highway or rail accident could release have the capacity to meet our Nation’s need a scientific rather than a political

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6472 CONGRESSIONAL RECORD — SENATE July 9, 2002 solution. In a new approach, Congress EPA would have been required to issue speed collisions and other threats that should not pre-select a site but provide a single standard limiting the lifetime may occur during transport. My bill a process that leads to a scientifically risk of premature cancer death to 1 in also would require States to be con- sound solution. I will oppose the mo- 1,000, or .001. The current EPA standard sulted on the selection of transpor- tion to proceed, as I am not convinced assumes a risk of 8.5 in 1,000,000, or tation routes and would require a 2- that this is the best path forward. .0000085. Furthermore, these bills would week advance notification of waste Mr. DURBIN. Mr. President, the ad- have prohibited a standard for ground- shipments. I also would ban inland wa- vent of nuclear power more than 50 water, which EPA has now put in place. terway shipments of nuclear waste, re- years ago brought with it both great If the Department of Energy is able to quire dedicated trains and establish a promise and great responsibility. Our move forward with a licensing applica- minimum number of trained escorts to ability to harness the power of the tion for Yucca Mountain, the Nuclear accompany each nuclear waste convoy. atom has paid substantial dividends for Regulatory Commission will be I am looking forward to working with our society, but it has also left us with charged with making sure that the De- my colleagues who share my interest the formidable challenge of safely stor- partment of Energy proves it can meet in this legislation. ing the byproducts of nuclear power the EPA’s standards. If it cannot prove Congress should move forward with generation. This is a challenge our Na- this, the Yucca Mountain project can- making Yucca Mountain the central tion must meet so that future genera- not move forward. repository for our Nation’s nuclear tions are not endangered by today’s nu- No site will ever be perfect for the waste. It is, I am convinced, the best clear waste. storage of high-level nuclear waste, but solution to a complicated problem we Presently, all of the spent fuel from I believe the studies which have al- have debated for decades. But before nuclear power plants and research re- ready been conducted and the Nuclear shipments to Yucca Mountain begin, actors throughout the country remains Regulatory Commission review still to we need to establish a transportation on-site at each reactor. None of these come provide sufficient assurances that plan to ensure the safety and security facilities was designed to safely store Yucca Mountain is the most appro- of the communities that lie in the path that waste on a permanent basis, and priate site available and should be used of those shipments, and we must begin leaving spent fuel in temporary storage as the permanent national nuclear that work today. around the Nation poses both a secu- waste repository. I ask unanimous consent to print the rity threat and an environmental haz- I am still concerned, however, with letter in the RECORD. ard. In Illinois, nearly half of our elec- the movement of thousands of tons of There being no objection, the letter tricity is generated from nuclear nuclear waste across the country to was ordered to be printed in the power. Our State contains seven nu- Nevada. According to the U.S. Depart- RECORD, as follows: clear powerplants, two nuclear re- ment of Energy, Illinois would rank THE U.S. CONFERENCE OF MAYORS, search reactors, and more commercial seventh in truck shipments in what is February 23, 2002. nuclear waste than any other State. called the ‘‘mostly truck scenario.’’ Hon. GEORGE W. BUSH, We need to find a safe and permanent The same Energy Department analysis The White House, way to store this material, and such a Washington, DC. concludes that Illinois would rank DEAR MR. PRESIDENT: Your approval of storage site has been proposed at sixth in rail shipments in the ‘‘mostly Yucca Mountain in Nevada as a nuclear Yucca Mountain in Nevada. I have been rail scenario.’’ Although waste has waste repository was a historic moment in to Yucca Mountain, which is located 90 been shipped through Illinois and other the history of the project. Quite literally, it miles from Las Vegas on Federal land states in the past, approving Yucca is the culmination of over 50 years of sci- at the remote Nevada nuclear test site. Mountain would initiate the largest entific research and analysis. Since the The waste would be stored more than waste shipping campaign in the history Atomic Energy Act was passed in 1954, the 600 feet underground but more than 500 of our country, both in terms of the federal government has been searching for methods to dispose of spent nuclear fuel and feet above the water table, sealed in number of shipments and the amount high-level radioactive waste. steel containers placed under a tita- of miles traveled for high level nuclear As a single largest federal government nium shield. A security force at the Ne- waste. project in the history of the United States, vada test site is in place to protect the Unless we scrutinize safety factors we acknowledge that the Yucca Mountain area, and the airspace around Yucca and security risks, the large-scale project has detractors and supporters. Re- Mountain is already restricted. transportation of radioactive materials gardless of the final repository location, we When this issue has come before Con- has the potential to cause a host of se- have serious concerns about the transpor- gress in the past, I have opposed efforts rious challenges to cities and commu- tation of spent nuclear fuel from reactors all over the country to Yucca Mountain or any to move waste to a temporary facility nities along shipping routes. The U.S. other repository. at Yucca Mountain before there was a Conference of Mayors has expressed So far, the preliminary estimates that scientific determination of whether concerns about the transportation have been released call for up to 10 ship- waste could be safely stored there on a plan, and I am submitting for the ments of nuclear fuel each day for close to 40 permanent basis. I had no interest in RECORD a letter sent to President Bush years. These shipments will travel through moving this waste to a temporary on this matter, signed by Mayor Rich- America’s cities past our schools, homes and place, only to move it again when a places of business. ard M. Daley of Chicago and 17 other In 1996, The United States Conference of permanent repository is finally deter- mayors. This issue is all the more im- Mayors adopted policy on the transportation mined. I also opposed earlier measures portant in light of the terrorist threats of radioactive waste that calls for the federal that would have mandated dangerously we are likely to face in the years government to fund training and equipment low standards for environmental pro- ahead. that will be needed by local emergency re- tection at the site. Illinois is home to one of the busiest sponse personnel along transportation Recently, however, I have been en- transportation corridors in the Nation, routes, to upgrade medical facilities which couraged by the fact that the Environ- putting our State squarely at the would treat victims of transportation acci- mental Protection Agency has estab- intersection of the nuclear crossroads. dents, and to upgrade highway and railroad lished radiation and groundwater con- or highway bypasses to ensure safe transpor- With the safety of Illinoisans at stake, tation corridors. It also calls on the Nuclear tamination standards for the Yucca finding the safest way to move nuclear Regulatory Commission to certify shipping Mountain storage site. These standards waste to a location where it poses the transportation containers after a public were derived from recommendations by least risk is imperative. process that includes both physical testing experts at the National Academy of That is why I am introducing legisla- and computer modeling to ensure that the Sciences and were developed after ex- tion in the Senate that would direct containers can withstand severe accidents. tensive public comment and scientific the Federal Government to develop a As mayors, we are concerned that the De- analysis. All of these standards greatly comprehensive safety program for nu- partment of Energy (DOE) has not yet fully researched the methods for the transpor- exceed the standards debated by Con- clear waste transportation. This legis- tation of nuclear waste. A recent incident gress in the two previous bills I op- lation would require the waste contain- that illustrates our concern is the 2001 Balti- posed. Under three bills Congress con- ment casks to be tested to ensure they more Tunnel fire. Five days passed before sidered in the past on this issue, the could withstand intense fires, high- fire fighters could gain access to the blaze

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6473 and control the flames. Several studies have of high-level radioactive waste and and the public should be assured that been done to determine the environmental spent nuclear fuel. security plans are in place for safe impact if that train had been carrying spent Our successes came in the next Con- transportation. We do, however, have a nuclear fuel—and the results have been dis- gress, the 100th Congress, when lan- decade to assure that the waste will be turbing. Given the long-term nature of the Yucca guage I developed with then Represent- safely and securely shipped to the project, it seems only natural that the DOE ative Mo Udall was ultimately included Yucca Mountain site from all parts of would include transportation analysis and an in the fiscal year 1988 Concurrent the country. Indeed, history tells us environmental impact study in its final re- Budget Resolution that went on to be that past shipments have been care- port. We respectfully request that the Office signed into law as Public Law 100–203. fully managed. The nuclear industry of the President of the United States initiate The language called for the establish- has completed 3,000 shipments of spent one. ment of one national repository. Lan- fuel over 1.7 million miles by highways As the mayors of potentially affected cit- guage was also added at that time that ies, we urge you to continue your dedication and railroads since 1964. Eight acci- to public safety and homeland security by established Yucca Mountain as the dents have occurred, four of which had supporting a thorough study on nuclear only site to be considered for the repos- fuel in the shipping containers, but no waste transportation to the final repository. itory. radiation was released. In the next dec- We look forward to working with you on Through all of those years, and espe- ade, we can expect even greater safety this very important issue. cially since 9/11, I have continued to be- of shipments through improved tech- Sincerely, lieve that the Nation’s spent nuclear nology. (Signed by 18 mayors.) fuel could be more safely stored at one I was pleased to support Senator Ms. SNOWE. Mr. President, I rise secure federally guarded facility than CARNAHAN’s amendment to the re- today in support of S.J. Res. 34, a joint at temporary storage facilities all cently passed Senate energy bill that resolution approving the site at Yucca around the country. It would also be calls for a National Academy of Mountain, NV, for the development of less expensive to State governments, Sciences study on how DOE chooses a repository for the disposal of spent which have already taken on the re- spent nuclear fuel transportation nuclear fuel and high-level radioactive sponsibility of dealing with the storage routes, and to do risk assessments of waste, pursuant to the Nuclear Waste of low-level radioactive waste within all of the potential routes. This should Policy Act of 1982. their borders. clarify the transportation issue even As we are aware, under current law, I do not believe that leaving the more for the public and I urge the con- Energy Secretary Abraham rec- spent fuel at commercial and DOE sites ferees to keep this provision in the con- ommended the Yucca Mountain geo- for 10,000 years while having each site ference report. logic site as the repository for the Na- take the necessary security pre- The Federal Government has already tion’s spent nuclear fuel and high-level cautions and storage upgrades is the spent $7 billion on the Yucca Mountain radioactive waste to the President on best approach, especially as the DOE site, and will ultimately spend about February 14, 2002, and the President itself has predicted that leaving the $50 billion more up to the time when then recommended the site to Congress spent fuel stored on all of the numer- the site is expected to reach capacity the next day. Under law, on April 8, Ne- ous sites throughout the country would and is closed in 2019. We must move vada Governor Guinn exercised his result in a radioactive material re- forward responsibly to once and for all right to veto the Yucca Mountain site. lease, contaminating soil, surface safely and securely store the Nation’s This veto will block further develop- water, and groundwater. highly radioactive spent fuel and nu- ment of the site unless the Congress In Maine, we have a nuclear plant clear waste at a single national loca- acts by passing an approval resolution being decommissioned—Maine Yan- tion or, as the DOE has projected, the that is signed by the President by July kee—that has been waiting for the Fed- cost will climb to the trillions of dol- 27. eral Government to take the waste lars. We can neither afford this or af- In 1982, legislation was crafted in re- that it should have taken by law by ford to wait any longer. sponse to the need to dispose of the Na- 1998, but has still failed to do so since Mr. GRASSLEY. Mr. President, in tion’s spent nuclear fuel and high-level no facility is ready to store the waste. 1982, Congress required the Federal radioactive waste that has been col- In fact, Maine Yankee is seeking $120 Government to find a permanent repos- lecting since the growth of the nuclear million through a lawsuit against DOE itory for the disposal of spent nuclear power industry started in the 1950s. because the Federal Government has fuel. Now, 20 years later, we are finally The waste is now being stored in var- not lived up to their part of the bar- taking the necessary action to move ious ways in 131 locations across the gain. ahead with this plan. country. The nuclear power plant stopped op- Yucca Mountain was recently des- The Nuclear Waste Policy Act of 1982, erating in 1997, but 1,434 spent fuel as- ignated as a suitable site for develop- the NWPA, called for disposal of this semblies still sit at the site waiting for ment as the Nation’s permanent reposi- spent nuclear fuel in a repository in a a permanent Federal solution. The tory, with over 24 years of Federal re- deep geologic formation that would not company has now spent about $60 mil- search and scientific evaluation. The be disturbed for thousands of years. An lion to build a dry cask storage facility Secretary of Energy, after thoroughly office was established in the Depart- and will spend at least $4 million per examining the relevant scientific and ment of Energy to develop such a stor- year to operate it. This is not a unique technical materials, concluded that the age repository, the costs of which case as there are a total of 26 power site is scientifically and technically would be covered by a fee on nuclear- plants no longer in operation that also suitable for construction of a reposi- generated electricity and paid into the have waste waiting to be shipped. By tory. Now, it is up to Congress to en- Nuclear Waste Fund. 2006, 60 reactors will run out of original sure that we provide a safe, permanent My experience with the storage of storage space, with 78 running out by storage facility. the Nation’s high-level nuclear waste 2010. In this time of heightened terrorist covers the entire 20 year lifetime of the Even after we pass this resolution threats, it is absolutely necessary that NWPA. In the 99th Congress, I intro- and the President signs it, the reposi- the Government provide safe and se- duced a bill in the House, H.R. 4664, tory will still need to meet the strict cure permanent storage for our spent with 23 other Representatives to amend requirements of the Nuclear Regu- nuclear fuel. Currently, spent nuclear the NWPA. The bill called for the dis- latory Commission to be licensed, and fuel and high-level radioactive waste is posal of high-level radioactive waste if the Yucca Mountain site receives ap- stored at 131 sites in 39 States. and spent nuclear fuel in a single na- proval, it will not even be ready to ac- We can no longer afford to continue tional repository. At that time, the cept spent fuel before 2010 at the ear- storing nuclear waste in temporary NWPA called for two repositories, one liest. We simply cannot wait any sites that are too often located near in the East and one in the West. I was longer to move this issue forward. densely populated areas and water sup- also a cosponsor of H.R. 4668, the Broy- I understand that concerns have been plies. It seems only logical to want to hill bill that removed the requirement raised about the transportation of the safeguard public health and safety by of a second repository for the disposal spent fuel—and these should be raised storing nuclear waste at a site that

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6474 CONGRESSIONAL RECORD — SENATE July 9, 2002 would be highly guarded against any STATE OF IOWA, repository for used nuclear fuel and defense terrorist activity. OFFICE OF THE GOVERNOR, nuclear waste. Science affirms the wisdom of Des Moines, May 8, 2002. Congress’ decision in 1987 to focus on Yucca Even in my home State of Iowa, Hon. CHARLES E. GRASSLEY, Mountain. Customers and our nuclear reac- spent nuclear fuel from the Duane Ar- U.S. Senator, Hart Senate Office Bldg., Wash- tor operators have provided money and in- nold plant is stored just outside of ington, DC. terim storage while waiting for a permanent Cedar Rapids near the town of Palo. I am writing to encourage your support for repository. Like too many other facilities in the the recent decision to go forward with devel- It is now time for Congress to stand behind its original decision and vote to move for- United States, the plant is being forced opment of Yucca Mountain, Nevada as a permanent repository for our nation’s used com- ward with Yucca Mountain. I ask for your to construct temporary storage be- mercial nuclear fuel and defense nuclear fuel support on this important issue. cause of the Federal Government’s lack and defense nuclear waste. The State of Ne- Sincerely, of action on a permanent facility. vada has exercised its right to object to the THOMAS J. VILSACK, Governor. And, just 10 miles from the Iowa bor- decision. As a result, it is now your responsi- der, at a plant that ceased operation in bility, as a member of Congress, to evaluate, Mr. KOHL. Mr. President, today the considering the effects on national interest, long struggle to find a permanent re- 1987, sits 42 tons of nuclear waste in a the decision and affirm its wisdom. waterpool that is designed for tem- pository for nuclear waste came one In 1982 Congress established our nation’s step closer to completion. The Senate porary storage during operation, not policy on managing used commercial nuclear has decided to over rule Nevada’s ob- permanent storage. It’s for these rea- fuel and defense waste, i.e., interim storage jection to storing nuclear waste at sons that it is crucial the Senate move by commercial reactor operators at their Yucca Mountain with a strong major- forward in designating Yucca Mountain sites and permanent storage at one or more ity. This is a victory I supported, but as a permanent storage facility. Stor- national, geologic repositories by the Fed- eral government. Further, Congress provided not one I can be happy about because it ing nuclear waste at Yucca Mountain for the collection of a fee, levied on cus- forced me to vote against my leader- would protect public safety, health and tomers of electricity generated by nuclear ship. the Nation’s security. power plants, to be paid into the Federal I supported moving the waste to Opponents continue to raise ques- Treasury and appropriated by Congress for Yucca Mountain for three main rea- tions concerning the safety of the the study and development of a permanent sons. First, the opening of Yucca repository. In 1987, Congress, acting to focus Mountain means that Wisconsin will transportation of this material to Ne- the U.S. Department of Energy’s efforts, in- vada. For over 30 years, there have structed the DOE to exclusively study the have one less site storing nuclear waste been 2,700 shipments of spent nuclear site at Yucca Mountain, Nevada. as the Dairyland Power Cooperative’s fuel without a single release of radio- The DOE acting in accordance with Con- decommissioned reactor will finally be active material harmful to the public gress’ instructions, studied the Yucca Moun- able to get rid of the waste stored at or the environment. It is important to tain site in extensive detail. This study vali- its defunct reactor. Second the site has remember that because spent fuel is dated the scientific wisdom that led to focus- been proven safe after 20 years of study ing on the Yucca Mountain site in 1987. We by the Department of Energy and the stored at over 100 temporary sites should now move on to the next phase of ac- across the Nation, shipments of spent National Academy of Sciences. Third, tivities and begin the processes of design, li- the electricity rate payers of Wisconsin fuel will cross the country whether or censing, construction and operation of a per- not Yucca Mountain is approved. manent repository. This is with the full un- have paid more than $250 million over the years for this site, and the Federal Secretary Abraham has assured that derstanding that the licensing and operation of Yucca Mountain still must withstand the Government should fulfill its side of the Department of Energy will develop detailed scrutiny and additional questioning the bargain by providing the repository a transportation plan and work with by the U.S. Nuclear Regulatory Commission it promised. State and tribal governments regard- which is charged by law to decide whether or I still have concerns regarding trans- ing shipments to Yucca Mountain. not to issue a license to the DOE before a portation of the waste through our Iowa’s Governor, Tom Vilsack, has also single bundle of used nuclear fuel can move population centers. This is a high shared with me his support for desig- to Yucca Mountain. stakes situation and every effort needs Used nuclear fuel is currently stored at nating Yucca Mountain, based on the to be made to choose the best routes, outstanding record of safely trans- commercial reactor sites within and on the borders of the state of Iowa. While this stor- prepare the local emergency response porting nuclear material. Given Iowa’s age has been and continues to be accom- units, and continue to improve the geographic position across major trans- plished responsibly, these facilities were casks in which the waste will be portation routes, Governor Vilsack re- never intended as sites for permanent stor- moved. However, the industry’s record layed that Iowa has consistently met age and are operated on the presumption of thousands of shipments of nuclear its responsibilities in this regard. that the Federal government will go forward waste around the country and around with its responsibility for providing a perma- Lastly, those who oppose the trans- the world without an accidental release nent repository. These same reactor sites of radiation leads me to believe that portation of the waste across the coun- provide nearly 25% of Iowa’s electric energy. try because it could be a terrorist tar- Customers have paid into the federal fund these concerns will be adequately ad- get have clearly disregarded the fact for the purposes of developing a repository. dressed. I understand the concerns some of that spent fuel in secure transit to a Study is but a single step towards the final my colleagues have on the safety of the permanent repository is far less of a end of developing a useful facility. With the Yucca Mountain site. What we are ask- target than the spent fuel scattered completion of that study there is a ‘‘light at the end of the tunnel’’ for those same cus- ing science to do by proving that this across the country at over 100 tem- tomers who are bearing the expense of the site will be safe for tens of thousands of porary, stationary sites. interim storage within or on the borders of years is unheard of, and may well be With over 2,000 tons of spent nuclear our state. beyond our current capabilities. But fuel in Iowa or on it is borders, it’s im- Congress, in 1982, when it enacted the pol- this site, on the Nevada Nuclear Test icy of a national repository, recognized that perative that the Senate take the nec- used nuclear fuel and defense nuclear waste site, is certainly safer than leaving this essary action today to finally begin the must be transported to that repository. His- waste at 132 sites nationwide. Sites process of developing a permanent re- tory provides us an outstanding record of scattered around the country that were pository. To protect our national secu- transportation of nuclear material. The never designed to be a permanent solu- rity, enhance our energy security, and state of Iowa, with its geographical position tion. This mountain has been carefully ensure the safety of the public, we across major transportation routes, has con- studied and will continue to be closely must support this resolution and move sistently met its responsibilities in this re- monitored. We will not walk away from ahead on this project. gard. The same 1982 act provides for federal Yucca Mountain but will watch it support to states to insure that the safety closely for generations to come. I request that a copy of Governor record of future transportation is equally Burying our waste problems for fu- Vilsack’s letter to me dated May 8, good, if not better. ture generations to deal with is not 2002, be printed in the RECORD. The decision to move forward on Yucca Mountain and the subsequent objection by something we should be proud of. I There being no objection, the letter Nevada have turned the issue back to Con- hope the Congress and the administra- was ordered to be printed in the gress to fulfill the national policy it estab- tion will continue to fund nuclear re- RECORD, as follows: lished in 1982: providing a permanent Federal search that will investigate ways to

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6475 neutralize this waste. The repository fore we proceed with final Congres- strongly in any discussion of a second at Yucca Mountain doesn’t have to be sional approval. For those of us who permanent location. the last word on nuclear waste, and I represent states that are grappling One of my main concerns has always hope we can do better in the future. with nuclear waste storage questions, been the safety and security of ship- Mr. FEINGOLD. Mr. President, I the short time frame mandated in law ping nuclear materials from their cur- want to share my views on the Yucca for the consideration of this resolution rent locations to a permanent geologic Mountain resolution. Specifically, I has made it extremely difficult to ana- storage site outside of the State. Obvi- want to review the issues that I have lyze its full effects on behalf of our ously, there is a risk that, during the considered in examining this legisla- constituents. The issues raised by this transportation, accidents may occur. tion that have led me to vote against resolution are serious policy issues. While many have suggested that waste the motion to proceed to this measure. The Bush Administration knows the has been shipped safely across the In short, while I believe that Yucca resolution approval process is des- country during the history of nuclear Mountain ultimately may be the ap- ignated by law and has statutorily de- power in this country, there has never propriate place to permanently store fined deadlines for Congressional con- been a coordinated efforts to ship our country’s nuclear waste, the Sen- sideration. The Administration should waste to a centralized storage location. ate is considering proceeding to this not have jumped the gun and set the The opening of Yucca Mountain would resolution today without having ad- clock in motion while there is still a initiate an unprecedented shipping pro- dressed two key concerns: the Congress possibility that Yucca might not re- gram. I am concerned that the Final has not ensured that the Yucca Moun- ceive final siting approval in the regu- Environmental Impact Statement for tain site is of sufficient size to house latory process. Yucca Mountain now includes barge our country’s nuclear waste and the During my time in the Senate, I have transport on the Great Lakes and ex- Congress does not yet know the Admin- consistently said that I would prefer tensive truck transport on highways as istration’s plans for ensuring that the that once nuclear waste leaves the potential transportation routes in ad- transportation of waste to that site is State, it leaves permanently. Wiscon- dition to rail transport. safe and secure. In addition, consid- sinites want nuclear waste removed This resolution does not enhance our ering this premature resolution does from our State and stored in a perma- transportation safety, and our current nothing to get the waste to Yucca nent geologic repository out of State transportation regulatory program Mountain more quickly because the so that it has no chance of coming must be strengthened. In fact, I believe Federal Government must complete a back to Wisconsin. I opposed nuclear that additional legislation may be number of remaining regulatory steps waste legislation in the last Congress needed to address a number of trans- and build the site. that sought to build large scale interim portation issues. I still feel that the Let me first express my grave con- storage facilities before the permanent Senate must act in the near term to cern about the process by which this storage site was ready and would have ensure that state and local govern- resolution has been brought to the jeopardized consideration of the perma- ments have the financial and equip- floor. The Nuclear Waste Policy Act of nent site. This resolution commits the ment resources they need to respond to 1982, amended in 1987, establishes a process for the Federal Government to Federal Government, at least for the accidents and protect public safety. designate a site for a permanent reposi- near term, to build one such large scale Congress must insist on a comprehen- tory for civilian nuclear waste. In Feb- permanent site. sive safety program for nuclear waste I have heard concerns, however, from ruary 2002, this process culminated in a transportation. We must require the some constituents that this resolution Presidential recommendation for a re- waste containment casks to be tested to build at Yucca makes Wisconsin pository at Yucca Mountain, NV. On to ensure they could withstand intense more likely to be the next permanent April 8, 2002, the State of Nevada exer- fires, high-speed collisions and other geologic storage site. I am concerned cised its authority under the law to threats that may occur during trans- disapprove the site. As a result of this that Yucca, as currently authorized, port. It is also essential that states be State disapproval, the site may be ap- will not be of sufficient size to take all consulted on the selection of transpor- proved only if a joint resolution of re- of Wisconsin’s waste. In previous Con- tation routes and are given longer ad- pository siting approval, which we are gresses, though I did not ultimately vance notification of waste shipments. now considering, becomes law. support interim storage legislation for Other measures that need to be ad- The Nuclear Waste Policy Act also other reasons, I supported provisions in dressed include banning both open establishes an expedited procedure for interim storage bills to expand the size water and inland waterway shipments congressional consideration of the and capacity of the Yucca site. At best, of nuclear waste, requiring dedicated Yucca resolution. The purpose of an ex- when Yucca is opened, it will leave means of shipping, and establishing a pedited procedure is to facilitate the nearly a quarter of the waste currently minimum number of armed escorts to ability of Congress to dispose of the in Wisconsin still sitting at our plants. accompany each nuclear waste convoy. matter specified in a timely and defini- Moreover, if our nuclear plants in In conclusion, I cannot support this tive way. To this end, it establishes a Southeast Wisconsin re-fuel in the next proceeding to this legislation which means for Congress to take up, and few years, the Yucca site is not cur- purports to provide an interim fix to complete action on, the resolution of rently expected to take any new waste. the country’s nuclear waste problem. I approval or disapproval within a lim- Yucca’s size is an important issue for realize that this action is not the final ited period of time. I am concerned Wisconsin because Congress is required say on Yucca Mountain and that we that we are taking this action today under law to approve the study and have many more steps to go before and we are still several years away construction of a second waste site, if Yucca is built. But this site cannot from a final siting decision on Yucca. one is needed. This resolution does serve its national purpose if we cannot The Nuclear Regulatory Commission is nothing to change that provision of get the waste there safely or if it is too still several years away from issuing a law, and it remains unclear whether small to hold the waste. We should construction license for Yucca, there is the Department of Energy would look have addressed these important consid- no transportation plan, and the trans- again at Wisconsin or the other sites erations before proceeding to this reso- portation containers to be used for considered in the 1970s and 1980s. If it lution. waste shipments to a permanent stor- needed more storage capacity, the De- Mr. LEVIN. Mr. President, I am sup- age site have also not been approved by partment of Energy could ask Congress porting the Yucca Mountain Resolu- the Nuclear Regulatory Commission. to expand Yucca’s size or recommend tion today because we need to take the Thus, while Yucca may be the right another alternative geologic site. As a next step in resolving the problem of site, this is the wrong time to have Wisconsin Senator, I have serious con- nuclear waste in this country. It makes Congress ‘‘approve’’ the site while so cerns regarding the construction of a more sense to store the Nation’s high- many regulatory questions are yet un- geologic storage site in Wisconsin. In level nuclear waste in a single place answered. the past I have opposed legislation than it does to leave it at 131 sites I have always felt that we should be opening up the possibility of a second spread all around the country, many certain that Yucca is the final site be- site, and would express those concerns close to significant population centers

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6476 CONGRESSIONAL RECORD — SENATE July 9, 2002 and all located on bodies of water, in- signed to be an interim measure. They Yucca Mountain as the single, high-se- cluding the Great Lakes and major are not a permanent solution. Each nu- curity site for the bulk of nuclear river systems. I do not feel that it is clear plant site in the U.S. has become waste that is now dispersed across our environmentally responsible to allow a de facto spent fuel storage facility. It country. spent nuclear fuel to sit indefinitely in would be more efficient and more se- While I know that some waste will temporary facilities on the shores of cure to move all of the spent fuel to always be located on-site at operating the Great Lakes. We set up a procedure one central facility where it can be nuclear plants, we must locate the 20 years ago to deal with this problem, safely stored indefinitely. Further, in bulk of the waste at a single, secure and we should use it. the case of Big Rock Point located near site. Governor Dean and the Vermont I have heard from citizens all over Charlevoix, the plant and equipment Public Service Department have con- Michigan on both sides of this issue. will be completely removed from the sistently called on me to support the The Michigan Municipal League, the property within the next few years. All repository, and today I again respect Michigan House of Representatives, that will remain will be the spent fuel, the wishes and long-term interests of and over 75 counties and communities sitting on a large concrete pad about my State. have contacted me to express their sup- one-half mile from the lake. Re-use of The vote in the Senate today was port for the effort to establish a perma- the property cannot be accommodated about establishing a single national re- nent repository at Yucca Mountain. until the spent fuel is removed. pository for tons of hazardous nuclear This resolution will permit the Depart- Finally, a permanent repository is waste. I voted in favor. But the ques- ment of Energy to submit an applica- also important to support the cleanup tion of how nuclear material is safely tion to the Nuclear Regulatory Com- of contamination and waste generated transported to the Yucca Mountain mission so that the Commission can by the cold war production of nuclear site brings up a new set of difficult de- determine whether established regu- weapons and materials for these weap- cisions that Congress has yet to face. latory requirements for the protection ons. Currently the Department of En- For the past several months, I have ex- of public health, safety and the envi- ergy is treating high level waste mate- pressed my strong concerns about pre- ronment have been satisfied. The Nu- rials, stabilizing them and getting then maturely transporting nuclear waste clear Waste Policy Act, which was into other safe configurations so that across the Nation without a plan that passed 20 years ago, did not leave it up the waste can ultimately be shipped to addresses growing concerns of State to Congress to decide whether or not a permanent repository. Moving the governments and local communities. Yucca Mountain is a suitable location treated and stabilized waste is particu- Especially in light of fears after Sep- for our nuclear waste. Rather, it left larly key to the cleanup of sites such tember 11, nuclear waste transpor- this decision up to the Nuclear Regu- as the Savannah River Site in South tation concerns need to be discussed, latory Commission. If this resolution is Carolina and the Hanford Site in Rich- debated and addressed by our Nation’s approved, a license application will be land, WA. leaders. Congress has worked with the submitted by the Department of En- If this resolution does not become administration to improve security at ergy for Yucca Mountain and over the law, the only alternative for getting airports, border crossings and public next several years, the Nuclear Regu- waste out of these many temporary buildings. Yet throughout this Yucca latory Commission will go through all storage sites into a permanent site will Mountain debate, the Bush administra- of the scientific and environmental be terminated, which would move us in tion has failed to fully inform Congress data and look at the design of the re- the wrong direction. Leaving the nu- about security improvements envi- pository to make sure that it can meet clear waste at temporary sites and sioned for shipping nuclear waste. It environmental and safety standards. leaving this decision to future genera- has failed to respond to repeated ques- This will be done by scientists and tions is not the responsible thing to do tions from the American people and technical experts. and is not a solution to this problem. their local communities, and that is I share the concerns of many people In supporting this resolution, I am unacceptable. regarding the storage and shipment of supporting an open and rigorous proc- Vermonters, in the tradition that has nuclear waste. Terrorism and transpor- ess for answering the concerns raised so distinguished our State, have ac- tation issues need to be thoroughly ad- by so many. Only through this process tively studied the issues involved in dressed in the licensing process. Trans- will we be able to protect the health of the Yucca decision. Many have shared portation plans will be developed in a the people and the environment. their views and suggestions with me, staged process over time and all plans Mr. LEAHY. Mr. President, since my on both sides of this question, and I will go public with opportunities for first days in the U.S. Senate, I have ex- deeply appreciate their counsel. The input from the States and local com- pressed strong concerns about nuclear approval of Yucca as a repository is munities. The actual transportation power. The claims made in the 1970s one issue that has taken years for Con- routes are a long way from being deter- that nuclear power was going to bring gress to debate and address. This vote mined. Further, the Department of En- our country cheap, reliable and clean does not end the federal government’s ergy assures us that there are no plans energy have turned out—as many obligation, by any means. I believe the to use barges to transport waste, and I warned at the time—to be far from the administration must answer the con- will oppose any effort to do so. truth. While electricity from nuclear cerns raised by many Americans in Since 1983, the people of Michigan power has been reliable, it is neither many States about nuclear waste have committed more than $400 million cheap nor clean. The waste from these transportation security before any ma- to the Nuclear Waste Fund for environ- plants is an enormous and undisputed terial moves across the country and mental protection that they have not economic liability for the Nation, and through hundreds of large cities and received. The Palisades nuclear power it is far from environmentally clean. small towns. Until then—and until the plant near South Haven has a total of After all these years of coasting on Yucca Mountain site is truly oper- 432 spent fuel assemblies stored in 18 these false promises about nuclear ational—we must focus our energy on dry casks located on site. An addi- power, the bill has come due. Today we ensuring that all nuclear waste is se- tional 649 spent fuel assemblies remain have 29 years of nuclear waste in cured in the safest, strongest on-site in the spent fuel pool and will ulti- Vermont in the form of spent fuel in storage facilities possible. mately be transferred to dry casks. The temporary storage on the banks of the The PRESIDING OFFICER. Who Big Rock Point nuclear plant near Connecticut River, and we cannot ig- yields time? Charlevoix retains all of its spent fuel nore that it needs to be managed. Part Mr. MURKOWSKI. Mr. President, I in a pool inside the containment build- of that management, especially since thank the Senator from Arizona. The ing. The plant is permanently shut September 11 and all of our heightened Senator from Idaho I think would re- down and is in the process of being de- security since then, is to better secure quire some 15 minutes. commissioned. Beginning early next on-site waste until it can be trans- Mr. REID. Mr. President, I say to my year, the plant’s 441 spent fuel bundles ported to a safer location. And part of friend, the Senator from Idaho spoke to will be loaded into 7 dry casks and that management is to create that me and indicated he would like to go stored on site. These casks are de- safer location, officially designating now. Senator ENSIGN and I have to be

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6477 here, and you have to be here. He No damage was done to the Senate in would be a purely negative and obstructive doesn’t have to be here all the time. 1957, and it was that precedent that act. The second consequence is equally clear. Mr. MURKOWSKI. I am sure he is re- found its way into the 1982 act. Failure Until this motion is adopted, it is inappro- lieved to hear that, Mr. President. to not proceed to and not approve the priate and premature to discuss at any The PRESIDING OFFICER. The Sen- length either the merits of the bill or to con- resolution will not, obviously, in my sider any amendments thereto. All this will ator from Idaho. opinion, advance the issue at hand. properly come later. But for the moment, all Mr. CRAIG. Mr. President, thank Having said that, I ask unanimous we are contending for is the right of the Sen- you. consent that the RECORD of July 8, 1957, ate to take the earlier step, which is logi- I thank my colleague for allowing me be printed in the RECORD. cally prior to the discussion of amendments. some additional time to visit with you There being no objection, the mate- Let this immediate issue be crystal clear, about what is probably one of the most rial was ordered to be printed in the and let it be not confused by a deluge of words and a multitude of false leads. It important environmental votes we will RECORD, as follows: should not need any argument on our part. have this session in both the short- [Excerpt from the RECORD of July 8, 1957] Since the motives of those who are sup- term and the long-term perspective of CIVIL RIGHTS porting this proposed legislation have, how- good government policy dealing with Mr. KNOWLAND. Mr. President, the motion I ever, been called into question, it may be the waste stream of our nuclear era am about to make is to enable the Senate of proper if we briefly restate our purpose. and hopefully dealing with it in a way the United States to perform its legislative What we are trying to do is to make effective that allows us to move forward to new function to consider, debate, and vote upon in actual life the constitutional rights of all reactor design. such amendments as may be offered and citizens—regardless of race and color—pri- Ultimately, ensuring America it will upon H.R. 6127, otherwise known as the civil- marily the right to vote. As we all know, rights bill. this right is guaranteed by the 15th amend- continue to have a nuclear industry ment in the following words: that will provide the quality of elec- * * * * * ‘‘The right of citizens of the United States trical power on which our country will I hope that within this week the Senate of to vote shall not be denied or abridged by the so depend in an environmentally sound the United States will be allowed to vote on United States or by any State on account of way is really an underlying premise of the motion to proceed to the consideration race, color, or previous condition of ser- of this important bill. vitude. this debate. I feel certain that the Members of this Before I discuss that a little more, I ‘‘The Congress shall have the power to en- body are both reasonable and fair. If the op- force this article by appropriate legislation.’’ thought I would add to the RECORD an ponents of the proposed legislation will Not only does Congress have the power, but interesting fact about precedent. I argue the merits of their case on the bill it also has the duty to protect this right to know my colleague from Nevada is con- itself and on the amendments when the bill vote against interference by State officials cerned about that as it relates to pro- is before the Senate, they will find that we under not only the 15th but also the ‘‘equal cedural activity on the floor and what who favor the Senate’s functioning as a leg- protection of the laws’’ clause of the 14th this motion to proceed may or may not islative body will not be unfair in our judg- amendment. Furthermore, the Supreme Court has held mean. ments or unreasonable in our actions. The mere fact that a majority may favor (U.S. v. Classic (313 U.S. 299)) that this right As you know, the comment was made bringing this bill up for consideration will to vote in Federal elections is also guaran- that if anyone other than a majority not cause us to depart from a procedure of teed by article I, section 2 of the Constitu- leader were to make a motion to pro- parliamentary conduct that we would con- tion, and can be protected by the Federal ceed, the Senate would be seriously sider fair and equitable if applied to us if we Government against infringement by indi- harmed. Let me give you a small ex- were in the minority on this or any similar viduals as well as by State or local bodies. cerpt of history. measure. All of us know—and this knowledge is sup- On July 8, 1957, Senator Knowland of Again I appeal to my colleagues to permit ported by statistics and press accounts—that the right to vote is denied to vast numbers of California, the Republican minority the Senate as a part of a coordinate branch of the Government of the United States, to Negroes, particularly in those areas where leader of the Senate, rose and made the function under section 1, article I of the Con- they are found in large numbers, namely the motion to proceed to the consideration stitution, which reads as follows: Southern States. Frequently, this is done by of H.R. 6127, which was being blocked ‘‘All legislative power herein granted shall legal and procedural subterfuge, often by so- by the majority and the majority lead- be vested in a Congress of the United States, cial pressure, sometimes by economic pres- er. which shall consist of a Senate and House of sure, and—upon occasion—by outright coer- On July 16, 1957, after a week of de- Representatives.’’ cion. The net effect of all these methods is bate on just that issue, the Senate Mr. President, I move that the Senate now the practical disenfranchisement of the vast voted 71 to 18 to take up the legisla- proceed to the consideration of Calendar No. proportion of potential Negro voters of the 485, H.R. 6127. South. tion. In other words, they voted on a The PRESIDENT pro tempore. The bill will We believe this is to be a denial not only of motion to proceed proposed by the Re- be stated by title for the information of the constitutional rights, but also of the prin- publican minority leader. Senate. ciples of true religion and of the ideals upon This legislation was the Civil Rights The CHIEF CLERK. A bill to provide means which our Republic was founded. We seek to Act of 1957. The majority leader was of further securing and protecting the civil realize those ideals not by criminal prosecu- the then-Senator Lyndon Johnson. And rights of persons within the jurisdiction of tions after the fact, but by the preventive he survived the assault on his leader- the United States. use of injunctions to prevent such abuses from occurring. All that is asked is that offi- ship very well. I think history will cer- The PRESIDENT pro tempore. The question is on agreeing to the motion of the Senator cials and citizens should conform to the law tainly attest to that. The Senate itself from California. and to the Constitution. If this is done, noth- has also survived very well. Mr. DOUGLAS. Mr. President, what the Sen- ing else need follow, since our aim is preven- But what we got through that fight ator from California has moved is merely tion, not punishment. was probably one of the most critical that the Senate proceed to consider the civil We are concentrating our efforts upon pieces of legislation of a generation if rights bill. He is not, at this time, moving its making the right to vote effective, because if not in the history of this country; and passage. He is simply trying to bring the this right is guaranteed then many other that was the Civil Rights Act of 1957. issue up before the Senate, so that we may abuses which are now practices upon the disenfranchised will be self-correcting. The procedures we are following and then have the chance to discuss and to vote on it. * * * * * that set forth in the Nuclear Waste If the motion of the Senator from Cali- Policy Act are a part of the Senate Mr. DIRKSEN. I announce that the Senator fornia prevails, then, and only then, will it from New Hampshire [Mr. BRIDGES], the Sen- rules. By the term of the statute, those be germane for us to debate the merits of the ator from Maine [Mr. PAYNE], and the Sen- procedures could be amended in the bill itself and to consider such amendments ator from Kansas [Mr. SCHOEPPEL] are absent same fashion as any other rule. as may be proposed. But for the present, all because of illness. For 20 years, no one has complained that is before us is that we take a prior step The Senator from North Dakota [Mr. about the procedures developed by Sen- and clear the decks so that we can thereafter YOUNG] is detained on official business. ators Jackson, Johnston, Proxmire, consider the all-important question of civil If present and voting, the Senator from rights. and McClure, and others, and eventu- Maine [Mr. PAYNE] and the Senator from This very simple parliamentary fact cre- Kansas [Mr. SCHOEPPEL] would each vote ally put forward by Congressman Joe ates two guides for action. First, that to fili- ‘‘yea.’’ Moakley, the chairman of the House buster against such a preliminary step as de- The result was announced—yeas 71, nays Committee on Rules. ciding that we will later consider the bill 18, as follows:

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6478 CONGRESSIONAL RECORD — SENATE July 9, 2002 YEAS—71 what those temporary repositories zones, and rapid ground water flow. In Aiken Frear Martin, Pa. were always intended to be. other words, that is the geology of the Allott Goldwater McNamara So this really was the hand-in-glove mountain, as spoken to by the Gov- Anderson Gore Monroney scenario. Do not suggest that one goes ernor of Nevada. Barrett Green Morse Secretary Abraham has asserted Beall Hayden Morton without the other at all because they Bennett Hickenlooper Mundt were licensed not for permanency but Yucca Mountain is geologically stable Bible Hruska Murray for temporary status while the Federal and experiences little ground water Bricker Humphrey Neely Government moved through that time flow or rainfall. Bush Ives Neuberger Butler Jackson of establishing a permanent repository. The U.S. Geological Survey agrees, O’Mahoney Capehart Javits stating that the arid climate and low Pastore In that context, when we talk about Carlson Jenner Potter the 70,000 ton cap at Yucca Mountain probability of repository-piercing Carroll Johnson, Tex. earthquakes or volcanic activity sup- Case, N.J. Kefauver Purtell as a statutory limitation, it may be Case, S. Dak. Kennedy Revercomb statutory but it is not physical. We do port the recommendation of Yucca Chavez Kerr Saltonstall not know what the physical capability Mountain. Church Knowland Smith, Maine The Nuclear Waste Technical Review Smith, N.J. of Yucca Mountain beyond 70,000 tons Cooper Kuchel Board also concurred, stating: Cotton Langer Symington would be. It could be increased over Curtis Lausche Thye time 30 years out if, in fact, all of the No individual technical or scientific factor Dirksen Magnuson Watkins geology and everything else met the has been identified that would automatically Douglas Malone Wiley eliminate Yucca Mountain from consider- Dworshak Mansfield Williams standards that the scientists, through ation at this point. Flanders Martin, Iowa Yarborough the licensing process, had established. That is a quote directly from the re- Twenty years from now, 30 years NAYS—18 port by the technical review group. from now, I will not be here. I doubt Byrd Holland Scott Based on these factors, the Energy Eastland Johnston, S.C. Smathers that the junior Senator from Nevada Committee, on which I serve, examined Ellender Long Sparkman will be here. But on another day and in Ervin McClellan Stennis it and determined that it was fair that another place, and if that science we bring this issue to the floor in the Fulbright Robertson Talmadge meets those standards, and it is strong Hill Russell Thurmond form of a resolution and allow our- and stable, and the world’s perspective NOT VOTING—6 selves to go to the next step. has shifted, then, remember, we are And oh, by the way, the U.S. Geologi- Bridges Hennings Schoeppel dealing with a statutory cap, not a Clark Payne Young cal Survey agrees with us. The Gov- physical limitation, as it relates to ernor asserted that the geology of So Mr. KNOWLAND’s motion was agreed to; Yucca Mountain. and the Senate proceeded to the consider- Yucca Mountain is so bad that DOE has The reason the statutory cap was put given up on geologic isolation of waste ation of the bill (H.R. 6127) to provide means in place originally was because we were of further securing and protecting the civil in favor of manmade barriers. In other rights of persons within the jurisdiction of looking at other repository locations words, the original concept was to cre- the United States. in Vermont, in Washington State, and ate a facility so deep in the Earth that Mr. DIRKSEN. Mr. President, I move that other places at the time. That is why the Earth itself would create the nat- the Senate reconsider the vote by which the there was a cap put in place. ural barriers, and that you would not motion was agreed to. I know Senators Cantwell and Jef- Mr. KNOWLAND. Mr. President, I move to need to build a barrier within a barrier, fords and Wellstone have talked about in other words, a manmade barrier. lay that motion on the table. the limitations and, therefore, the ar- The VICE PRESIDENT. The question is on Secretary Abraham points out that a agreeing to the motion of the Senator from gument that temporary repositories balance of both natural and engineered California [Mr. KNOWLAND]. would still have material in them. Re- barriers has always been planned for The motion to lay on the table was agreed member, of course, any of us who legis- the repository. to. late know that a statutory cap is one Existing geologic barriers are likely Mr. CRAIG. Let me also talk about that could be changed if the politics sufficient to prevent waste from reach- one other issue that we discussed when and/or the science would argue a ing ground water, but the engineered we talk about the capacity of Yucca change were there to do so. So let us barriers provide additional protection. Mountain and, therefore, that there not, in any way, fall prey to that argu- Do you remember what we did a cou- will always be waste out there some- ment of limitation. ple years ago? Because we wanted to where in these temporary repositories In that context, let me suggest that make sure we did it right, because we at these nuclear reactors generating limitation is, in part, tied to the geol- wanted to address the arguments that our commercial power. ogy of Yucca Mountain. I cannot tell were being made, we put EPA into the Yes, there will be temporary storage you that I was there at the beginning, mix and we extended the idea of engi- for periods of cooling pretransporta- but I was there during the legislative neering out into the future a facility tion. There would be anyway under any time when we were looking at a variety that would withstand 10,000 years of circumstance. But what we are talking of locations for repositories. I had ex- any kind of threat. That is when the about—and the Senator from Nevada amined them all as a legislator. I read barrier within the barrier concept real- showed a dip—is that you can just dou- all of the preliminary geologic surveys. ly began to develop. ble the numbers at each one of those, if It was determined at that time, in The Nuclear Waste Policy Act re- you want. And doubling the numbers, the mid-1980s, that Yucca Mountain quires the Secretary to consider engi- in my opinion, does have a risk factor, was, by far, the site that appeared to neered barriers when making this rec- certainly a management factor. be the most desirable other than, if you ommendation to the President. What is most important is that many will, the large granite deposits in Long before the Governor got into of these temporary repositories were li- Vermont. the argument, and long before the Gov- censed under State authority for a cer- Granite has a unique shielding capa- ernor tried to find arguments that tain volume. To exceed that means you bility, and it is possible to assume that would fit his political need, we had al- have to go back to the same State au- you could put repositories deep into ready thought of that. It was in the thority that was granted 15 or 20 years the granite of Vermont and it would be 1982 act. The Nuclear Regulatory Com- ago, versus today, and the politics have an ideal situation. But our country did mission, not the committee or the Sen- changed a great deal, and we know not go there. Our country decided not ate, must ultimately decide if the bar- that, because those States were led to to have multiple repositories, but a riers are sufficient to prevent the seep- believe that the Federal Government single one, largely because of the poli- age of radionuclides. The committee would react responsibly in building a tics of it. agreed with Secretary Abraham’s con- permanent repository and the tem- Governor Guinn, in his arguments of clusion that the consideration of man- porary facility would be just that—it vetoing it, suggested that Yucca Moun- made barriers is appropriate. would not become a permanent facil- tain is unsuitable for a permanent re- The Governor claims that DOE’s ity. Therefore, it would be a point to pository because it is at the center of computer models are unable to ade- cool and a point to transfer. That is volcanic activity, earthquake vault quately predict emission rates for

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6479 10,000 years. The NRC will rely on these DOE’s inability to file an application transportation routes. Down here is St. models for licensing, as absolute proof within 90 days is unfortunate but not a Louis—all the various transportation of compliance with EPA radiation pro- violation of the statute. The provision routes through this part of the country tection standards is not obtainable. is a directory, and not a mandatory re- upon which nuclear waste could and DOE must be able to demonstrate com- quirement. probably will travel. This happens to pliance with EPA’s standards for the In other words, like the science, we be the State of California. My State is 10,000-year cycle. have met the standards but we want to here, but all of these are various trans- The committee is concerned that achieve a greater level. portation routes going through major DOE models are not adequate. The Nu- In that regard, as it relates to the cities—Los Angeles, Oakland, Sac- clear Waste Technical Review Board law and as it relates to an application ramento. has expressed similar concerns but has to the Nuclear Regulatory Commis- This happens to be Colorado, Denver, given guidance to DOE on improving sion, we have met suitability as we a major metropolitan area here as well. the quality of its assessments. now work to address the other issues This is Utah where we have Salt In other words, what we are talking that will become a part of the licensing Lake City. We see the highways and about and what the Secretary made his process of the Nuclear Regulatory the railroads running through Salt recommendations on was the science Commission. Lake City. far enough along to get us to the point The PRESIDING OFFICER. The Sen- This is Florida, with a huge amount of moving it the next step. The science ator’s time has expired. of population today, a very populated is not cooked. It is not done. It is not The Senator from Nevada. State—going through Miami, near Or- over. It is evolving. Mr. REID. Mr. President, I have spo- lando and through Orlando, with the What I am suggesting is that as we ken with the distinguished Senator train routes through Jacksonville, Tal- question the science, the science we from Alaska. We both have limited lahassee. now have is adequate to arrive at rea- amounts of time to give, but we de- This is in Georgia—going through ob- sonable comfort under all of the best cided the Senator from Nevada would viously their major population center engineered scenarios to allow the safe- be given 15 minutes; following that the in Atlanta. ty that is required. But for the Nuclear Senator from Alaska would be recog- This is a summary of the country. Regulatory Commission and others to nized to use up whatever amount of his These are just the highways across the require additional science is possible. 25 minutes he wished; and following country. We can see that so much of The committee expects DOE to im- that I will speak and/or the majority the country and so many population prove its computer models but does not leader. That should take all of our areas of the country are going to have believe that existing weaknesses are time. nuclear waste transported through sufficient to stop the consideration. In I yield 15 minutes to the Senator them. Once again, we don’t know the other words, we are not even satisfied from Nevada. exact routes, but these are the best with the work that has been done, al- The PRESIDING OFFICER. The Sen- routes we have to go on. though it is clear—and I must say for ator from Nevada. The Department of Energy and the the RECORD that the work that has Mr. ENSIGN. Mr. President, Nevada’s nuclear industry wants Americans to been done is adequate, clearly adequate slogan is ‘‘battle born.’’ It is on our believe that taking tens of thousands to get us to this point of consideration. State flag. It reflects the firmness of of tons of dangerous radioactive waste, If we can make the best better, and if purpose and the willingness to fight for removing it from reactor sites around in that we create the kind of both po- what is right that is so much a part of the country, and putting it on trains litical and real comfort that the State what characterizes Nevada. This is as and trucks and barges now and moving of Nevada needs, then we ought to do true today as it was when our State en- it through cities and towns and water- that. That is our responsible role as tered the Union during the Civil War. ways across America so it can be bur- public policymakers. Let me conclude with the Governor’s When it comes to Yucca Mountain, ied on an earthquake fault line in objection on what he calls the com- we intend to fight. Nevada’s other southern Nevada is a good idea. It is pleteness of the design. The Governor motto is ‘‘all for our country.’’ This is not. notes that DOE has not completed the proudly displayed on our State seal. According to the Department of En- design of Yucca Mountain and cites 293 Nevadans have always been for our ergy, 50,000 to 100,000 truck shipments, unresolved technical issues. Because of country. The ore taken from Nevada’s 10,000 to 20,000 rail shipments, and 1,600 these, the DOE will be unable to sub- Comstock load financed the means by to 3,000 barge shipments would be remit a license application to the Nu- which we preserved the Union during quired to transport high-level nuclear clear Regulatory Commission until the Civil War, and Nevada has hosted waste to Yucca Mountain. 2004, violating a statutory requirement aboveground nuclear testing at the Ne- The Government is trying to con- to file an application within 90 days of vada Test Site, the result being a weap- vince us that this project is going to be congressional approval of the Presi- on of such mass destruction that it safe; as a matter of fact, they say more dent’s recommendation. That has been swiftly brought the end to the World than safe. The Government would have the argument placed by some. War II conflict. us believe that getting this waste to The Nuclear Waste Policy Act re- Too many innocent people in Nevada Yucca Mountain is the key to keeping quires the Secretary to determine site and Utah died from horrible cancer-re- our children safe from radioactive suitability before making a rec- lated disease from the radiation fall- waste that is going to be dangerous for ommendation to the President. It does out. So when it comes to our national tens of thousands of years. not require him to complete the reposi- defense, Nevadans have always proudly Anyone who believes the argument tory design or satisfy every obligation stood tall for our country. that this dangerous waste can be trans- for license application. In other words, Yucca Mountain is not needed for our ported without incident only needs to the step required by law was met, de- defense and goes way beyond patriotic look at what happened last July in the termining site suitability. It is from duty. Baltimore Tunnel when a CSX freight that process within the law that moves I want to address the transportation train carrying hazardous waste de- us to where we are today. issue. These are some charts. Once railed and set off fires that burned for The Nuclear Regulatory Commission again, because we don’t know the exact days. The casks have been studied at is confident that the DOE can supply transportation routes, these are the about 1,475 degrees using computer all necessary information for license charts from the Department of Ener- modeling—casks similar to that. The review. The 293 unresolved issues are gy’s final environmental impact state- Baltimore Tunnel fire burned at 1,500 commitments from the DOE to supply ment. So it is all we have to go on. degrees for days, which is way beyond additional information. Forty-one of The darker lines—it is probably very what these casks have been put these issues have already been com- difficult to see the real light red lines through—at least in the laboratories. pleted, reducing the number to 252. which are the rail—are the highways. Imagine a similar incident to that The Yucca Mountain project is al- This happens to be in Illinois. Chicago which happened in Baltimore, except ready 12 years behind schedule. The is up here. These are all the various this time if it is radioactive waste.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6480 CONGRESSIONAL RECORD — SENATE July 9, 2002 Forget an accident. What about a The computer simulation is for 30 full, we will still have virtually the terrorist attack? People have talked minutes at 1,475 degrees Fahrenheit. same as what we have today. So we today about the record of shipping nu- The temperature in the Baltimore Tun- really have not accomplished too clear waste across Europe and the nel fire read 1,500 degrees, and it much. United States. But post-September 11, burned for days. The NRC stated that If we don’t have Yucca Mountain, it we are in a different world. We need to it is doing a top-to-bottom review— will be way up, but there is not a lot of think about terrorism and the ways partly because of September 11 and the difference. It is a management thing, and uses and possible attacks on these Baltimore Tunnel fire—to review the not a security risk. nuclear canisters as they are traveling security requirements, including a re- The other thing is after Yucca Moun- across our country. Hijacking or blow- view of the transportation casks’ tain is full, we start producing more of ing up a truck containing nuclear vulnerabilities to terrorism. Let’s it, and we get out to 2056, we can see waste would be an easy way to dev- make sure these casks are properly what happens. So Yucca Mountain astate one of our metropolitan areas. tested before Congress votes on Yucca doesn’t really solve the problems peo- What we have on the chart here is Mountain. ple say it is going to solve. difficult to see because it is taken off I want to talk about the Govern- Moving waste to Yucca Mountain of VHS footage. This is a canister that ment’s big lie. Not only is the Govern- will just create one additional large is very similar. This is a newer comment’s plan dangerous for America, it storage facility. To do that, the cost pany using their best technology try- also won’t solve the problem. The Gov- will be tens of thousands of shipments ing to compete with the currently used ernment’s big lie is that we Americans of deadly radioactive waste on the Na- canisters. This is a TOW missile fired have a choice to have one central nu- tion’s highways and railroads and wa- down through there, and you can see clear waste storage site at Yucca terways day after day, month after that it penetrates it or would breach Mountain or to have waste stored at month. Obviously, it will never end. one of these nuclear waste canisters the reactor sites around America. We I want to talk briefly about the his- that are going to be shipped across talked about it earlier today. That tory of the process. This is really major metropolitan areas in the United sounds as if it is an easy choice except Washington power politics. The reason States. that it is not true. I talk about this is because we are Indeed, the most senior al-Qaida Even if, by some luck, waste is going to get to the cost of Yucca Moun- leader in U.S. custody told interroga- shipped safely across the country to tain in a moment. tors that al-Qaida is seeking to explode Yucca Mountain, there will continue to In 1982, the Nuclear Waste Policy Act a ‘‘dirty’’ bomb in the United States. be nuclear waste stored at all oper- gave the Energy Department until 1998 Jose Padilla was arrested in Chicago ating reactor sites. You see, even if it to open a permanent underground geo- after intelligence indicated that he was were possible to immediately and logical depository for high-level nu- participating in a plot to detonate a magically, as one of the Senators clear waste. At the time, they were ‘‘dirty’’ bomb in the United States. But talked about today—like our garbage is studying several sites. But because of al-Qaida doesn’t need to buy nuclear picked up, we simply, all at once, pick politics out of the States of Nevada, material to smuggle a ‘‘dirty’’ bomb it up and take it to the dump. It is not Washington, and Texas—Washington into our country. Congress is doing the done that way with nuclear waste. had the majority leader in the House, hard work for them. There will continue to be spent fuel and Texas had the Speaker of the Every truckload of nuclear waste stored at each and every operating re- going to Yucca Mountain on our high- House—Nevada ended up with the nu- actor in the country. That is because ways through our towns and cities is a clear waste ‘‘queen of spades.’’ nuclear waste is highly radioactive, The deal reached was not by a sci- potential ‘‘dirty’’ bomb. All the terror- thermally hot, and must be kept at re- entific determination of which location ists have to do is breach one of these canisters on one of the trucks, trains, actor sites at water-filled cooling would be suitable. Basically, they just or barges, as the Senator from Michi- ponds for at least 5 to 10 years. The decided on politics that Nevada would gan talked about, in the Great Lakes, only way spent fuel storage can be get this. The site originally was for geology. and we will witness another severe act eliminated from a reactor location is of terrorism. to shut down the reactor and wait They said: We are going to house this So let’s call this legislation what it many years to ship the material after waste underground, and it is going to is and what it is not: This is not the that. protect us. Over the years, they found Nuclear Waste Disposal Act. It is the I don’t think that option of closing that the geology would not protect us. ‘‘terrorism facilitation act,’’ and it down figures into the nuclear indus- So what they had to do was build in needs to be defeated. Nuclear power- try’s long-range plan. We will have manmade protections, and that drove plant sites are among the most secure 65,000 metric tons of commercial nu- the costs up significantly. commercial facilities in the country. clear waste by the time Yucca Moun- Prior to 1987 when they said they Following the events of September 11, tain is scheduled to open. We produce were going to study one site, the origi- they are being made even more secure, about 2,000 metric tons of nuclear nal cost estimate was $24 billion. In and there are even proposals for mili- waste per year. The DOE plans to ship 1985 the cost estimate went to $27 bil- tary protection at these sites. about 3,000 tons. Just do the math. We lion, and in 1987 it was $38 billion. They Modest infrastructure improvements won’t get rid of the nuclear waste were studying three sites. They said: can further increase the level of pro- backlog in the country for nearly a We cannot do that; we will just study tection against any conceivable ter- century—even if, as somebody talked one site. rorist threat. Nuclear waste is safe about, we expand Yucca Mountain, Now they are studying one site. The when stored onsite in casks surrounded which would obviously be politically a cost in 1995 was $37 billion, in 1998 the by concrete. But it is another story very difficult thing to do—excuse me. cost was $46 billion, and in 2001 the cost when these casks are going to be trav- Yucca Mountain will be filled long be- is $58 billion. That is the equivalent of eling by homes, schools, and churches. fore then—as we see on the chart, in all 12 aircraft carriers for the United At this time, we cannot be sure they 2036. States combined. As a matter of fact, will survive real-world conditions. We I think it is important to understand that is more than in today’s dollars the may be able to develop the technology, this because the DOE and the Sec- cost of the Panama Canal, the World but we don’t have it today. So we retary of Energy have been saying that Trade Center, and Hoover Dam all com- should not have Yucca Mountain go it is safer to have this fuel all shipped bined. forward until we develop the tech- to one place. This is today. We have That does not include building a rail nology. 45,000 tons of spent nuclear high-level site to Yucca Mountain which, accord- As I have said earlier, the casks have radioactive waste around the country. ing to the DOE, is going to be needed. not been tested in real fires—only with In 2010, when Yucca Mountain is sched- So this is a boondoggle, and we do not computer simulations, and not to the uled to open, we will have 65,000 tons. If need to do it. extent they need to be tested. I will re- we start shipping about 3,000 tons a The PRESIDING OFFICER. The Sen- peat that because it is so important. year, by 2036, when Yucca Mountain is ator’s time has expired.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6481 Mr. ENSIGN. I ask unanimous con- accurate, what he is inaccurate about repository to see if it warrants a license to sent for 5 more minutes. is the majority leader supported the operate. Mr. MURKOWSKI. On the time of vote. What we have said is no motion Mr. President, I ask unanimous con- Senator REID. to proceed has ever come to the Senate sent that this New York Times article, Mr. ENSIGN. Yes. floor successfully over the objections ‘‘A Critical Vote on Nuclear Waste,’’ Mr. MURKOWSKI. I have no objec- of the majority leader, and that state- and a Chicago Tribune article, ‘‘Cross- tion, Mr. President. ment is still true, even with the 1957 roads of Nuclear Waste Storage,’’ dated Mr. ENSIGN. Mr. President, accord- precedent. July 9 both be printed in the RECORD. ing to the NRC Chairman, people have We think this still sets a very dan- There being no objection, the mate- said: Do we have to do this right now? gerous precedent on Senate tradition if rial was ordered to be printed in the According to the NRC Chairman, we do this vote goes forward today. RECORD, as follows: have the capacity to store these mate- Lastly, I wish to thank a few people rials safely for decades to come—NRC in our State who have done a phe- [From the New York Times, July 9, 2002] Chairman Richard Meserve. nomenal job of fighting this fight for A CRITICAL VOTE ON NUCLEAR WASTE There has been a lot made of one of the people of the State of Nevada and I The Senate is facing a momentous vote the Senators talking about what do we believe for Americans in general. First, this week that will determine whether a plan do with this waste if we do not trans- the senior Senator from Nevada, the to bury nuclear waste at Yucca Mountain in port it, and I wish to conclude my re- assistant majority leader. No one has Nevada moves to the next stage of regu- marks by giving people an answer. If worked more tirelessly on this issue latory scrutiny or dies prematurely. Any leg- not Yucca Mountain, then what? islative delay now will be likely to termi- than he has. His staff has done an in- nate the project, and that must not be al- Onsite dry cask storage is good for at credible job, as has my staff. I am lowed to happen. If Yucca is abandoned, the least 100 years. We know that. These thankful for the yeoman work of our nation will be right back where it was dec- canisters are safe for at least 100 years, Gov. Kenny Guinn and other elected of- ades ago—with spent nuclear fuel piling up according to the Department of En- ficials, both Republican and Democrat, at reactor sites around the country and no ergy. It is about $4 billion to $5 billion in our State who have tirelessly fought plan for its permanent disposal. to store it onsite, and that includes all this issue. In recent weeks the critics of Yucca Moun- of the costs associated with storing it If we lose this vote, I am committed tain have grown increasingly alarmist in an onsite—$4 billion to $5 billion instead to the belief that one day, years from effort to stampede any wavering senators. of $60 billion plus. It is going to be at They claim that Yucca has geological and now, leaders will look back on what technical flaws that render it unsafe. But least $60 billion, make no mistake the Senate did today and simply say: those are precisely the issues that will be ex- about it. What were we thinking? amined in excruciating detail by the Nuclear Every year, we have been taking the Mr. President, I yield the floor. Regulatory Commission if a licensing appli- cost up by over $10 billion in the esti- The PRESIDING OFFICER. The Sen- cation is allowed to move forward. The crit- mates. Where is the cost going to go ator from Alaska. ics also fret over the possibility of cata- from here? We know this situation is Mr. MURKOWSKI. Mr. President, strophic accidents while the fuel transported going to be too expensive. What we how much time remains on this side? from reactor sites to Nevada. But they sel- need to do is keep the waste onsite. It The PRESIDING OFFICER. The Sen- dom mention that such shipments have gone ator has 26 minutes. on without incident in this country and Eu- is a lot cheaper. rope for the past three decades—in quan- There is promising science. There is Mr. MURKOWSKI. I will take such tities that actually exceed the amount that pyroprocessing. There is what is called time as I need. would be shipped to Yucca. accelerator technology transmutation. Mr. President, it is fair to reflect on The Senate finds itself in this pivotal spot These are fancy scientific words. The where we are. Today the Senate is because the statute that designated Yucca bottom line is they are modern recy- going to decide whether the Secretary Mountain as the sole candidate for a disposal cling of nuclear waste or partially of Energy should be allowed to make site set up a tight timetable of necessary ap- spent nuclear fuel rods. We are recy- an application to the Nuclear Regu- provals. The state of Nevada vetoed the cling everything we can in this coun- latory Commission for the use of Yucca project, as was its right, thereby throwing try. We need to continue to invest in Mountain as a repository for spent nu- the decision back to Congress. The House has already voted, by a thumping margin, to go recycling technology. clear fuel and high-level waste. That is forward. But unless the Senate also votes to For those who are supporters of nu- the only issue before this body. override Nevada by late this month, the des- clear power, as I am, recycling will The Senate today is not—I repeat, is ignation of Yucca as the candidate reposi- make nuclear power more viable in the not—deciding whether science and en- tory will expire. future, I believe, because if we have gineering are sufficient for the Yucca Unfortunately, the Senate Democratic solved the waste problem, instead of Mountain site to be operated safely and leadership is working against the proposal. burying it in the ground where it is too in compliance with EPA and other Harry Reid, the majority whip, who hails expensive and waste partially spent nu- agency regulations. That is really the from Nevada, is adamantly opposed to stor- clear fuel rods, if we invest in recycling job of the Nuclear Regulatory Commis- age in his state. Tom Daschle, the majority sion. leader, opposes the project and is refusing to technology, we will have a permanent schedule a Yucca Mountain vote. Fortu- energy supply for generation after gen- We have had a lot of discussion. nately, the Nuclear Waste Policy Act allows eration of Americans. Some of the discussion is associated any senator to request that the Yucca reso- If one believes in nuclear power, let’s with fear. I have looked for a synonym lution be brought to the floor for time-lim- make it less costly and let’s invest in for red herring. I do not know if fluo- ited debate and a vote, a step that Repub- the recycling technology and keep it rescent herring is as close as we are licans say they will take as early as this onsite without the risks of transpor- going to get. In any event, we have to week, possibly even today. tation. deal with this in a responsible manner. Any senator tempted to vote against the I wish to make one other point before Let me share with my colleagues resolution must recognize the severe con- I close. The senior Senator from Idaho what some of the public opinionmakers sequences. A nay vote or a failure to vote have said. I quote from the New York means that Yucca Mountain is effectively talked about 1957. We are talking about dead and the nation must start anew to look a procedural motion. He talked about Times. This is July 9, ‘‘A Critical Vote for a disposal solution. A yes vote means 1957 where somebody offered a motion on Nuclear Waste.’’ It says: simply that the project can proceed to the to proceed, and I have been saying all Any Senator tempted to vote against the next step, a formal licensing application to day we are violating Senate tradition resolution must recognize the severe con- the Nuclear Regulatory Commission, which today. sequences. A nay vote or a failure to vote will spend years analyzing all aspects of the He said that in 1957, somebody in the means that Yucca Mountain is effectively repository to see if it warrants a license to minority offered a motion to proceed dead and the nation must start anew to look operate. Given the stakes, it would be irre- for a disposal solution. A yes vote means sponsible for the Senate—most of whose and that debate took a week. At the simply that the project can proceed to the members have little detailed knowledge of end of the week, that motion to pro- next step, a formal licensing application to the Yucca proposal—to decide this issue on ceed actually was voted for by a vote of the Nuclear Regulatory Commission, which the fly, thereby blocking the detailed tech- 70-something to 28. While that vote is will spend years analyzing all aspects of the nical review that it deserves.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6482 CONGRESSIONAL RECORD — SENATE July 9, 2002 [From the Chicago Tribune, July 9, 2002] of radioactive materials has the potential to We had a lot of discussion, and I am A CROSSROADS IN NUCLEAR WASTE STORAGE cause a host of serious challenges to cities inclined to think we have probably (By Dick Durbin) and communities along shipping routes. This spent 20 years or so moving this proc- issue is all the more important in light of ess along relative to the disposition of The advent of nuclear power more than 50 the terrorist threats we are likely to face in years ago brought with it both great promise the years ahead. the waste. People sometimes have dif- and great responsibility. Our ability to har- In Illinois, nearly half of our electricity is ferent visions of what Yucca Mountain ness the power of the atom has paid substan- generated from nuclear power. Our state con- is all about. tial dividends for our society, but it has also tains seven nuclear power plants, two nu- This is a picture of Yucca Mountain. left us with the formidable challenge of safe- clear research reactors and more commercial Yucca Mountain has environmental at- ly storing the byproducts of nuclear power nuclear waste than any other state. In addi- tributes that would contribute to the generation. This is a challenge our nation tion, we are home to one of the busiest trans- safe disposal of high-level waste: Re- must meet so that future generations are not portation corridors in the nation, putting endangered by today’s nuclear waste. mote location with the nearest metro- our state squarely at the intersection of the politan area about 100 miles away, high Presently, all of the spent fuel from nu- nuclear crossroads. With the safety of Illi- clear power plants and research reactors noisans at stake, finding the safest way to security because of the proximity to throughout the country remains on-site at move nuclear waste to a location where it the Nevada Test Site and the Nellis Air each reactor. None of these facilities was de- poses the least risk is imperative. Force range, arid climate, deep water signed to safely store that waste on a perma- Congress must insist on a comprehensive table, isolated hydrologic basin with- nent basis, and leaving spent fuel in tem- safety program for nuclear waste transpor- out flow into rivers or oceans and mul- porary storage around the nation poses both tation. We must require the waste contain- tiple natural barriers. a security threat and an environmental haz- ment casks to be tested to ensure they could This is Yucca Mountain; this is the ard. withstand intense fires, high-speed collisions Everyone agrees that we need to find a safe site of the tunnel. I have been there. It and other threats that may occur during is in existence. And $4 billion of tax- and permanent way to store this material transport. It is also essential that states be and such a storage site has been proposed at consulted on the selection of transportation payers’ money has been expended. Yucca Mountain in Nevada. I have been to routes and are given longer advance notifica- It is important to know just what Yucca Mountain, which is located 90 miles tion of waste shipments. Other measures this location involves. This is a picture from Las Vegas on federal land at the remote that need to be addressed include banning in- of the test site area. For the last 40 Nevada nuclear test site. The waste would be land waterway shipments of nuclear waste, years, we have been using this area as stored more than 600 feet underground but requiring dedicated trains and establishing a a test site for nuclear bombs and var- more than 500 feet above the water table, minimum number of armed escorts to ac- ious nuclear weapons. It is an area that sealed in steel containers placed under a ti- company each nuclear waste convoy. tanium shield. A security force at the Ne- has levels of radioactivity associated We should move forward with making with it. For all practical purposes, in vada test site is in place to protect the area, Yucca Mountain the central repository for and the airspace around Yucca Mountain is our nation’s nuclear waste. But we must not spite of the fact we hate to admit we do already restricted. forget that the site can only serve its na- this, we put certain areas off limits. When this issue has come before Congress tional purpose if the waste is transported This is one because of the high levels of in the past, I have opposed efforts to move safely. Before shipments to Yucca Mountain radioactivity, unexploded munitions, waste to a temporary facility at Yucca begin, we need to establish a transportation and so forth. Yucca Mountain is in- Mountain before there was a scientific deter- plan to ensure the safety and security of the cluded in this area. mination of whether waste could be safely communities that lie in the path of those While we have looked for other stored there on a permanent basis. I also op- shipments—and we must begin that work places, it is fair to say one of the condi- posed earlier measures that would have man- today. dated dangerously low standards for environ- tions was this area had been set aside mental protection at the site. Mr. MURKOWSKI. Mr. President, I for a nuclear test site. Recently, however, I have been encouraged will refer to a couple of other articles. Now, another chart shows tests in by the fact that the Environmental Protec- A Seattle Times editorial, Sunday, other States. As we look at the disposition Agency has successfully established ra- June 2: tion, we should go back and look at diation and groundwater contamination If the Senate does not follow the House events leading to the selection of standards for the Yucca Mountain storage lead, the Energy Department must start Yucca Mountain for a study. There site. These standards were derived from recover. The agency must look again at other were nine potential sites. There was ommendations by experts at the national finalists—Deaf Smith County, Texas, or academy of Sciences and were developed the Hanford site in Washington and Washington’s own Hanford Nuclear Reserva- Yucca Mountain in Nevada. In Utah, after extensive public comment and sci- tion. entific analysis. All of these standards great- there was Davis Canyon and Lavender ly exceed the standards debated by Congress I refer to the Oregonian, Saturday, Canyon. In Texas was the Deaf Smith in the two previous bills I opposed. June 8: County site and the Swisher site and a No site will ever be perfect for the storage If Yucca Mountain is blocked, nuclear couple of sites in Mississippi, sites in of high-level nuclear waste. But I believe the waste could sit forever in temporary, poorly Texas. We made a cut. We cut from studies, which have already been conducted, planned sites all across this country, includ- nine sites and left Hanford, we left ing the Trojan nuclear powerplant. Yucca and the Nuclear Regulatory Commission re- Yucca Mountain, Davis Canyon, Texas view still to come provide sufficient assur- Mountain is clearly the best option avail- ances that Yucca Mountain is the most ap- able. and Mississippi. Three sites were Presi- dentially approved: Washington, Ne- propriate site available and should be used as From the Washington Post, April 30: the permanent national nuclear waste repos- vada, and Texas. Congress should override Nevada Governor itory. Therefore, I have decided to support In 1986, there was one site left. It was Kenny Guinn’s veto and allow work on Yucca the Yucca Mountain resolution, which would Mountain to proceed. selected. That was Yucca Mountain. make that facility the national nuclear But while years of investigation have not Congress passed the NWPA, as amend- waste repository. answered all of the questions, neither have ed, mandating only the Yucca Moun- I am still concerned, however, with the they produced adequate reason to stop the tain site for the detailed site charac- movement of thousands of tons of nuclear project in its tracks. terization. waste across the country to Nevada. Accord- This has been done. We have ex- ing to the U.S. Department of Energy, Illi- And April 21, the New York Times: nois would rank seventh in truck shipments There is no question that the transpor- pended the money. We went through a under what is called the ‘‘mostly truck sce- tation issues will need to be explored in process. If we do not take care of Yucca nario.’’ The same Energy Department anal- great depth. Mountain today, what are we going to ysis concludes that Illinois would rank sixth But the appropriate place for those issues do? Start this process all over. It will in rail shipments in the ‘‘mostly rail sce- to be addressed is in a painstaking regu- be Texas, Utah, Washington, Mis- nario.’’ Although waste has been shipped latory proceeding before the NRC. sissippi. We will go through this proc- through Illinois and other states in the past, Not before a rushed Congress debate. ess—perhaps Vermont. They have a lot approving Yucca Mountain would initiate So everyone understands, we are au- of marble stabilization out there. The the largest waste shipping campaign in the thorizing the licensing process in the history of our country—both in terms of the point is, we would be derelict to walk number of shipments and the amount of sense that the administration will now away from the obligation we have miles traveled for high-level nuclear waste. be able, if we prevail on this vote, to today. Unless we scrutinize safety factors and se- proceed with a licensing process. That The transportation systems we have curity risks, the large-scale transportation is all. heard so much about. This chart shows

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6483 the existing transportation routes to The litigation associated with this A number of people have asked me WIPP, a low-level isolation pilot plant breach of the contractual commit- why it is that I support nuclear energy associated with the Livermore Labora- ments is estimated to be somewhere when my home State does not have any tories and others in New Mexico. between $40 and $70 billion. That is a nuclear power. My response is that nu- I have been there. It is in the salt hit to the U.S. taxpayer. clear energy directly benefits every caverns. You go down in the huge cav- The reality is that these ratepayers Oklahoman even though not a single erns where they store this low-level in Washington paid $98 million; in Ari- kilowatt of energy is produced from waste. It is interesting to see the rout- zona, $337 million; in Texas, $334 mil- nuclear power in our state. Oklaho- ing, what States are affected and which lion; in South Carolina, $876 million; in mans benefit from nuclear energy in are not. We move wastes from various Pennsylvania, $1 billion; Maine, $67 the form of decreased power bills and laboratories. These are low-level trans- million. These are fees the ratepayers increased national and economic secu- uranic wastes that move across High- have paid to the Government to take rity. way No. 80 and so forth. Clearly, they the waste. We have that obligation. Currently, nuclear power represents go in one location. The occupant of the chair is well 20 percent of our Nation’s electricity For those arguing the merits of Mis- versed in contractual law. We have an generation. As an integral part of the souri and waste going through Mis- obligation to perform if we enter into a U.S. energy mix, nuclear energy is a se- souri, the waste leaves Missouri. I am contract. We failed to do that. cure energy source that the nation can not suggesting there is a final plan as- The taxpayer bears the burden even depend on. Unlike some other energy sociated with it. This is where we have though the ratepayers have paid to the sources, nuclear energy is not subject been moving the waste so far. It is low- Federal Government under the terms to unreliable weather or climate condi- level waste. We do not know where the of the contract. There you have the re- tions, unpredictable cost fluctuations, various agencies are going to make sponsibility associated with the issue: or dependence on foreign suppliers. these decisions and those agencies—the If this is a Government bailout, will However, the lack of storage space Nuclear Regulatory Commission, the this come to the Appropriations Com- for nuclear waste is now threatening Department of Energy, and the Depart- mittee for appropriations? No, the the existence of nuclear power. If ment of Transportation—will bear the ratepayers have paid this amount. Yucca Mountain is not approved, nu- responsibility of determining what Let’s look at it State by State. Here clear powerplants will be forced to routes are taken. is New York. New York is 23 percent start shutting down at some point be- We have moved almost 3,000 ship- dependent on nuclear energy; 18 per- cause there will be no place to store ments of spent fuel. This is high-level cent coal; gas, 28 percent and so forth. the waste. This would have profound waste moved between 1964 and 2000. We They have operating reactors, six, consequences for all Oklahomans. moved them over 1.7 million miles. We and three sites, and as a consequence Even though Oklahoma does not have have had zero radiation releases. Low they have a significant portion of any nuclear powerplants, if nuclear level to WIPP is 900 shipments, and al- waste in their State. The waste is on power goes off line, it would cause an most 900,000 miles. We had 3,892 ship- the small charts. It is important to re- economic crisis in Oklahoma. The rea- ments and moved them over 2.6 million flect on what happens to the waste that son is simple. If you take 20 percent of miles with zero harmful radiation. is in your State if, indeed, Yucca the power supply off line, other States’ Now the importance of nuclear en- Mountain does not receive the approval demands of Oklahoma’s power would ergy and a source of electricity: 51 per- of this body. increase, thus creating a smaller sup- cent is coal, natural gas is 16 percent, We find that there are 2,378 metric ply of energy, and a corresponding in- oil is 2.9 percent, hydro is 7.2 percent, tons of nuclear fuel stored in New crease in the cost of energy for Oklaho- miscellaneous is 2.2, nuclear is 20 per- York. Do you want that fuel moved? mans. The days of utility rates in cent. That is a question. Oklahoma being 19 percent below the There are those who would like to see The next chart is Connecticut. Con- national average power rate would be the nuclear industry choke on its own necticut has 45 percent dependence on over. waste and simply go away. That is an nuclear energy. Again, the waste Higher energy prices affect everyone. impractical reality. It does not flow. If stored in that State is 1,500 tons. That However, when the price of energy rises we are talking about reducing emis- is not going to move unless we pass that means the less fortunate in our sions or talking about global warming, this legislation. society must make a decision between clearly the nuclear industry in this Illinois is almost 50 percent depend- keeping the heat and lights on or pay- country has to maintain its promi- ent on nuclear energy. They have 5,800 ing for other essential needs. In a re- nence. We have not had any new nu- tons of waste, high-level waste. I can cent study on Public Opinion on Pov- clear plants come online in 20 years. go through the other charts: erty, it was reported that one-quarter Clearly, nuclear energy plays a major California, 17 percent dependent; of Americans report having problems role. It is emission free. The problem is Maryland, 27 percent dependent; Mas- paying for several basic necessities. In the problem we have in the Senate sachusetts, I think 14 percent depend- this study, currently 23 percent have today, and that is addressing the dis- ent; New Jersey, 49 percent dependent; difficulty in paying their utilities. posal of the waste. and Washington State is relatively in- That is almost one out of every four It is important to recognize where significant at 8 percent. Americans. I will not support attacks these plants are located: the State of Nevertheless, the point I want to on our energy supply, which hurt the Washington, California, Texas, and on make here is that nuclear energy is im- poor in Oklahoma and around the Na- to the east coast. Clearly, there are a portant, the energy development in tion, in the name of an environmental number of nuclear plants producing 20 these States and the waste is piling up, crusade. percent of our electricity. This chart and it is significant. In the mid-1980s, I traveled around shows the States. Madam President, how much time is the country with President Reagan’s It is important to note the rationale remaining on our side? energy Secretary, Don Hodel, to bring that Congress developed to address the The PRESIDING OFFICER (Mrs. attention to the need for measures to disposal of this waste. That is those CLINTON). The Senator has 11 minutes decrease our Nation’s energy depend- that use nuclear power would pay a remaining. ence. Additionally, in January 1998, I special assessment into a fund that Mr. MURKOWSKI. How much time elicited virtual consensus from the currently has about $17 billion; $11 bil- does the Senator from Oklahoma need? members of the Joint Chiefs of Staff lion came from the ratepayer. The Fed- I am going to use most of the remain- that energy security was a too-often- eral Government takes that money and ing time, but if he would like 5 min- overlooked aspect of our national secu- agrees to take the waste. They agreed utes? Why don’t you take 4 minutes, rity needs. Additionally, in just the in a contractual commitment in 1998 to and you will probably get 5. last couple of weeks, Deputy Secretary take the waste. They did not take the Mr. INHOFE. I thank the Senator for of Defense Paul Wolfowitz said that waste because they were not ready. giving me a little bit of time. I believe U.S. dependency on foreign energy ‘‘is They are in violation of a contract. it is necessary. a serious strategic issue . . . My sense

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6484 CONGRESSIONAL RECORD — SENATE July 9, 2002 is that (our) dependency is projected to Mountain is so important. That is why America handles the problem of nu- grow, not to decline.’’ we have to move now to create a per- clear waste is a victory for local con- It is essential for a strong Navy. manent repository. That is why we trol. State and local governments can The fact is we are at war right now. need a central underground disposal select alternate routes if they oppose Every American is benefiting from the site, where spent fuel can be more safe- those proposed by DOE and 11 States war on terrorism. Our subs are nuclear. ly and efficiently monitored. have done just that. As they should. Our aircraft carriers are nuclear. Every And so, I urge my colleagues to vote Meanwhile, Federal and State and time we send American ships to a dif- yes on Yucca Mountain. We caught one local authorities have worked together. ferent part of the world, whether to terrorist. We can’t catch them all. Worked with training. Worked on con- keep the peace or defeat an aggressor They will come through our airports. tingency plans. Worked on mutual as- they head there powered by nuclear They will dock in our major ports. sistance agreements. Worked as part- fuel. Where does that spent fuel go? They will go through customs without ners. As we should. Building on our Na- Right now the material goes to Idaho. a hitch because they possess not pluto- tion’s fine records, as the ranking That is right. It is transported right nium, but knowledge. Terrorists want member of the Transportation, Infra- now. It’s stored on the surface. So what to use that knowledge to threaten our structure, and Nuclear Safety Sub- happens if we fail to set up a perma- way of life. A vote for Yucca Mountain committee, I look forward to working nent repository? We create what Sec- will make that hard for them. with the various Federal agencies to retary Abraham calls uncertainty re- What is America’s record when it ensure the proper federal role in pro- garding the ‘‘continued capability of comes to transportation of nuclear ma- viding security for nuclear waste ship- our naval operations.’’ A strong Navy terials? It is astonishingly safe. There ments. As a former mayor of Tulsa, I fuels our ability to remain a world are some people who act as if trans- will also keep in mind the critical role power. And we need a safe way to han- porting nuclear fuel will be a new thing that State and local governments must dle what is fueling our Navy. for America. The fact is that we’ve play in this process. The cold war is over. seen more than 3,000 shipments of it In an attempt to misinform and To those of us who grew up in a time over the past 40 years. In all those frighten the public, extreme environ- when we had bomb shelters in our years, there has been zero danger to mentalists have been saying that the backyards, nothing would be more wel- the environment, zero release of radio- shipment of waste would be creating come than seeing us dismantle weapons activity, and zero fatalities. thousands of ‘‘mobile Chernobyls.’’ I we no longer need. Every time I read We have seen 1.7 million miles of have already discussed, our Nation’s about the plans for turning plutonium these shipments without any release of safety record with regard to the ship- into ‘‘mixed-oxide’’ or MOX fuel, I see radioactive contents. And don’t forget: ment of nuclear materials. However, I the results of our past determination The Energy Department also accepts must mention that, until the Yucca to resist Soviet domination. used nuclear fuel from foreign research Mountain project is licensed by the Nu- But whether surplus plutonium is reactors under a non-proliferation clear Regulatory Commission, which is made into MOX fuel or another form, pact. They come in from Europe and about 10 years off, the Departments of waste is still left over. And it must go Latin America. They are brought by Energy and Transportation will not to a permanent repository. And that is train to South Carolina. And we’re designate shipping routes for nuclear not just for our own good. How can we going to do that until 2006—22,743 sepa- waste to Yucca Mountain. If anyone urge other countries to get rid of their rate used fuel assemblies. This is some- implies that they know the routes, nuclear weapons if they don’t see us thing we know how to do. Because we they are not telling the truth because doing it? We are now turning swords have done it. And we have done it ex- the decision makers of those routes into plowshares by helping Russia con- ceptionally well. will not consider routes for many vert its surplus weapons material into Will we avoid transporting waste if years. fuel for American reactors. Even the we don’t pass Yucca Mountain? Abso- As ranking member of the Transpor- by-products of this fuel, once used, will lutely not. A lot of sites are reaching tation, Infrastructure, and Nuclear need a repository. Yucca Mountain will their limits for keeping used nuclear Safety Subcommittee, I am looking provide a safe place for the materials fuel on location. 40 of them will need forward to my key role in working in weapons no longer pointed at our en- additional storage in the next 8 years. with the various federal agencies to enemies. And it will be a powerful exam- But they don’t have the space for it. sure the safe transportation of our ple to other countries that no longer Where is that waste going to go? Sec- commercial and military nuclear need weapons pointed at us. retary Abraham put his finger on the waste. Maybe a few years back we could not issue when he testified last February. Make no mistake. A vote against conceive of terrorists making bombs ‘‘Our real choice is not between trans- Yucca Mountain is a vote against nu- out of planes and striking at the very porting or not transporting used fuel, clear power, and, thus, a vote to hurt heart of America. We can now. Make but between transporting it with as our energy, economic, and national se- no mistake. They are out there and in much planning and safety as possible, curity. our country. Yes, it is good that we are or transporting it with such organiza- I thank the Senator from Alaska for racing to put neutron flux detectors tion as the moment might invite.’’ giving me a few minutes. and gamma ray detectors at all our air- To keep that waste in 39 States is to The PRESIDING OFFICER. The Sen- ports. But terrorists don’t need to keep it at 131 locations never designed ator from Nevada. bring radioactive material into the for permanent disposal, never intended Mr. REID. Madam President, I ask United States. There is enough of it to manage this waste indefinitely. unanimous consent there be 10 minutes here. Clearly, any solution to the disposal of additional time equally divided be- And these materials—relics of the this waste requires it be transported tween Senator MURKOWSKI and the Sen- cold war—are scattered around the somewhere. ator from Nevada. country. Yucca Mountain will put this Furthermore, as skillful as America The PRESIDING OFFICER. Without material where it belongs: safe and se- is at transporting hazardous materials, objection, it is so ordered. cure 1,000 feet underground. A few days we are not the only people in the world Who yields time? back, after Jose Padilla, A.K.A. who do that well. Europe has been Mr. MURKOWSKI. Madam President, Abdullah al Muhajir, was arrested, I doing it since 1966 about as much mate- I believe we have a Senator from the saw this headline in ‘‘The Washington rial as we want to send to Yucca Moun- majority coming over. But I will take— Post: U.S. Source of Isotopes Become tain. Fatalities? Hazards from radioac- how much time may I ask is remaining Focus After Arrest.’’ Here is what the tivity? Zero. on our side, Madam President? Post said: ‘‘Of the thousands of nuclear There are those who see in this plan The PRESIDING OFFICER. There resources still in use, or decommissioned the heavy-handed approach of Wash- mains 111⁄2 minutes. to known storage sites, many are ington. As a former mayor of Tulsa, I Mr. MURKOWSKI. I would like to thought to be vulnerable to theft or am always very sensitive to the impor- take 10 minutes and reserve the re- black market sale.’’ That is why Yucca tance of local control. In fact, the way mainder of my time.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6485 As I indicated a few moments ago, many serious consequences if we do not that use nuclear energy. These rate- there is only one issue before the Sen- approve the resolution. The immediate payers are in virtually every State in ate, and that is the reality that we are consequence is set forth in the Nuclear the Union, including States that do not about to vote to determine whether Waste Policy Act. Section 115(b) is ex- have nuclear powerplants. Those rate- science and engineering are sufficient plicit. If the resolution is not approved payers and the States that either have for the Yucca Mountain site to be oper- within 90 days—the 90-day period for nuclear powerplants or whose citizens ated safely in compliance with EPA congressional review—such site shall pay for the use of nuclear power have a and other agency regulations in pur- be disapproved. The magic date is July contractual obligation to set in statute suing a license by the Department of 27. If this is not approved by that date, with the Federal Government to take Energy. That is the question. the site shall be disapproved. spent fuel from their sites. The ultimate transportation and Further, it does not say that the de- The last administration thought they other matters are going to be deter- cision is postponed or the decision is could avoid the problem and suggested mined by the Nuclear Regulatory Com- simply put off for some reason to be re- there was no binding requirement. The mission, which is a very competent visited at a more convenient time. It courts thought otherwise. group. But the Senate is not now decid- explicitly and without qualification If you like the idea of coming up with ing whether or how spent fuel will be says ‘‘such site shall be disapproved.’’ $60 billion or $70 billion or $80 billion of transported to a site if it is licensed There are the consequences of that taxpayer money—that is taxpayer, not and constructed. disapproval, and those consequences ratepayer money—then vote against As I indicated, the Department of are serious. At a minimum, Congress the motion to proceed. The $60 billion Transportation, the Secretary of En- will need to reconsider the previous to $80 billion would likely not be the ergy, the Nuclear Regulatory Commis- sites—Hanford in Washington, Deaf end of the toll for the taxpayer either sion, will proceed and that will take Smith County, TX—giving serious con- because, as a matter of national inter- some time. sideration by using the Hanford Res- est, we will need to find the solution, What we have today is basically two ervation as an interim site to meet our and the States will incur expenses as choices: We could follow the rec- contractual obligations to the utilities well as those associated with liability. ommendations of the Secretary of En- and deal with defense in other ways. Leaving the waste is a consideration, ergy and the President of the United We have a significant amount of de- but it is a bad idea. States—the U.S. House of Representa- fense waste already at Hanford. Instead In addition to economic issues, there tives has done its job, and the Senate of moving material from Hanford, we is the health and safety issues associ- Committee on Energy and Natural Re- might have to consider moving addi- ated with continuing to leave both sources—and allow the Secretary of tional material there for the foresee- spent fuel and high-level waste onsite. Energy to proceed and apply for a liable future. Remember, the current site-storage for cense or we can abandon some 20 years Should Congress not act and we start the reactors is and was designed to be of work, over $7 billion invested in this process over, my guess is we will temporary. Yes, the present storage is science, in engineering, and the peer- have to go back to where we were in the safest, but it is not a permanent so- reviewed conclusions of responsible sci- 1982 when there was serious consider- lution. It is an interim solution. entists within and outside Govern- ation of granite formations in the The Chairman of the NRC has been ment, and then what do we do? We Michigan Peninsula, and elsewhere; very up front, saying that the present begin the task all over at the expense salt caverns in Mississippi and Lou- arrangement for the temporary storage of the taxpayers. isiana; granite in Vermont, and so of spent fuel at commercial reactors is That is where we are. There is no forth. Some have suggested that we use safe, and it is, as he states, a ‘‘tem- middle ground and no way to duck the Federal reservations as interim sites, issue or duck the responsibility. As we porary’’ measure. as has been proposed in the past. With Exchanging Yucca Mountain for 131 say in Alaska, it is time to fish or cut the transportation scenario, that will sites in 39 States and permanent re- bait. The Nuclear Waste Policy Act was be far more complex than that which positories scattered around the coun- deliberately and carefully crafted to has been considered to date—perhaps try is not something the Chairman rec- ensure that both the Senate and the simply leaving the spent fuel onsite in ommends nor that any other thought- House would deal with the issue. Vermont, Illinois, Maryland, Cali- ful person suggested. But that is pre- The House met its obligation by an fornia, or elsewhere. cisely what those who oppose the mo- overwhelming vote of 306 to 117. The Let there be no mistake. Because of tion to proceed are endorsing. There House agreed with the President’s deci- the statutory time constraints and the can be no other conclusion. sion and voted to allow the Secretary directives in the law, a vote against We also have the situation of utili- of Energy to proceed with the license the motion to proceed is a vote to di- ties running out of room for storage application. The Committee on Energy rect the Secretary of Energy to cease and needing to find an alternative site and Natural Resources held 3 full days all further work at Yucca Mountain if Yucca Mountain does not go forward. of hearings to examine all aspects of and close the office until Congress de- If a repository is not built, these utili- this issue, including a full day where cides otherwise. ties need to be shut down. In shutting we welcomed the State of Nevada to se- I hope my colleagues will look down the reactors, we are going to lect its witnesses who would appear in around in the Chamber because only have to look to alternative sources of opposition to the resolution. The com- Nevada—only Nevada—will not be in fuel. What are they? Coal? Oil? Nuclear mittee carefully reviewed each and the next round. is clean power. every argument raised by the State of There is an implication to the tax- As we address our concerns over Nevada, either in the Governor’s mes- payer because we have the nuclear emissions and the recognition that nu- sage or by the State representatives. waste. Aside from taking Nevada off clear provides about 20 percent of the I commend the report to the atten- the table, there are other unavoidable electric power generated in this coun- tion of my colleagues. We have that re- and unpleasant consequences of failure try, it makes a significant addition in port before us. Here it is. In a careful to face up to our responsibilities. Mem- our energy mix. Do any of the oppo- and methodical manner, this particular bers may not recall, but the cost of nents to the motion to proceed have a report discusses each and every argu- permanent storage of spent fuel is to- suggestion on how we are going to re- ment raised in the process. tally financed by ratepayers who use place that 20 percent? I guess the an- Under any impartial analysis, there the energy. The fee is collected by the swer is more fossil fuels. is no legitimate reason to object to the utilities and every one of our constitu- There is no way that this Nation will President’s decision to deny the Sec- ents who have nuclear energy as part ever approve the Kyoto targets on cli- retary the opportunity to apply for a of their energy mix have been paying mate change without nuclear power. license before the Nuclear Regulatory into the nuclear waste to pay for stor- There is no way to replace nuclear en- Commission. age. These costs do not—let me re- ergy within our electric power mix. What are the consequences if we fail peat—do not come out of the General For those of you who experienced to act? On the other hand, there are Treasury. They come from ratepayers shortages on the west coast last year,

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6486 CONGRESSIONAL RECORD — SENATE July 9, 2002 think where this Nation would be and Let us be very clear: The claim that only about the safety of burying nu- what we would be in for if we had to science supports building a national clear waste at Yucca Mountain, but shut off 20 percent of our electric power nuclear waste dump at Yucca Moun- also about the safety of getting the simply because we could not agree on a tain is simply not true. The truth is, toxic materials to Yucca Mountain. solution to the waste problem. leading independent scientists have We are talking about transporting If you don’t know how much of the raised troubling questions about the roughly 70,000 metric tons of deadly electric power in your State comes scientific basis for the Department of waste from nuclear facilities in 39 from nuclear, I have gone through the Energy’s recommendation regarding States across our Nation’s highways, numbers: Connecticut, 40 percent; Illi- Yucca Mountain. railways, and waterways to Yucca nois, 50 percent; California, 17 percent; A recent letter to Congress from the Mountain. No one knows exactly what Vermont, 67 percent; New York, 23 per- independent Nuclear Waste Technical routes the waste would take. But, cent; Maryland, 28 percent; Michigan, Review Board contains a warning we based on the routes the DOE used in its 18 percent; and, Georgia, 27 percent. should all pay great heed to. It warns environmental impact statement, How much waste is in those States that that—quote—‘‘the technical basis for there are 14,500 schools and 38 million needs to get out? It is thousands and DOE’s repository design is weak to people within 1 mile of a proposed nu- thousands of metric tons. moderate at this time.’’ clear waste transfer route. The PRESIDING OFFICER. The Sen- Think about that. We are being asked This is extremely dangerous mate- ator has used 10 minutes. to overturn a Governor’s veto—and rial: High-level radioactive waste. Ac- Mr. MURKOWSKI. I believe I have 1 risk public health and safety—by ap- cording to the non-partisan Environ- minute. I will conclude. I see the ma- proving a plan of ‘‘weak to moderate’’ mental Working Group: Each rail cask jority leader is seeking recognition. I technical design. That is an extraor- carrying nuclear waste, for instance, want to respect the traditions of the dinary position for the administration contains 240 times as much long-lived Senate. to take. radiation as was released by the Hiro- I will conclude with the reality that The General Accounting Office, shima bomb. A person standing 3 feet the issue before us is clear. All one has Congress’s independent watchdog agen- from an unshielded nuclear waste cask to do is read the commission report. cy, has also raised serious questions will receive a lethal dose of radiation The Committee on Energy and Natural about Yucca Mountain. Eight months in 2 minutes. Resources performed the review, as we ago, the GAO released a report that The administration has warned us re- would expect. We carefully considered questioned Secretary Abraham’s rec- peatedly that terrorists may hijack every objection raised by the State of ommendation to the President to move trucks and strike at trains. We also Nevada. We conducted 3 days of hear- ahead on Yucca Mountain despite the— know that there are security problems ings. We considered the issue in an quote—‘‘significant amount of work re- with many of our ports. By shipping open business meeting and favorably maining to be done’’ on the safety and nuclear waste on trucks and trains and reported on a bipartisan basis. We filed feasibility of the project. The GAO re- barges, we may very well be creating a comprehensive report that discusses port noted that more than 200 unre- hundreds, even thousands, of rolling every argument raised by the State of solved technical issues identified by ‘‘dirty’’ bombs. What sense does that Nevada, and why the argument is not the Nuclear Regulatory Commission make? persuasive or not relevant to the issue remain unanswered. It pointed out that Even if we are fortunate enough to before the Senate. even the Department of Energy’s own avoid terrorist attacks on shipments of I commend my colleagues, Senator contractor doesn’t think those issues radioactive waste bound for Yucca ENSIGN and Senator REID. I understand will be resolved in time to meet the Mountain, there is a serious risk of ac- why the Senators from Nevada oppose 2010 deadline. In fact, it will probably cidents in transit, which would put the resolution, but I cannot understand be years before we know definitively Americans at risk of exposure to high- why anyone else would. whether it is safe to store nuclear level radioactive waste as well. Almost Thank you, Madam President. I yield waste at Yucca Mountain. a year ago exactly, a train derailment the floor. So why are we having this vote in a Maryland incident caused a tunnel The PRESIDING OFFICER. The ma- today? fire that burned for days. Tempera- jority leader. We are being forced to decide this tures in that tunnel exceeded 1,000 de- Mr. DASCHLE. Madam President, I issue prematurely—without sufficient grees. will use my leader time to make the scientific information—because this How much radiation would have been statement I am about to make. administration is doing the bidding of released to the environment had nu- The PRESIDING OFFICER. The ma- special interests that simply want to clear waste been on that train? How jority leader is recognized. make the deadly waste they have gen- many people might have died? Mr. DASCHLE. Madam President, we erated somebody else’s problem. There is so much we don’t know should not be having this vote today. That is wrong. We ought to make about this ill-conceived project. But There are still far too many questions this decision on the basis of sound there is one thing we do know: Con- about the wisdom and safety of cre- science, not pressure from the energy trary to what the special interests ating a national nuclear waste dump at industry. claim, even if the Senate votes today Yucca Mountain for anyone to be able Two weeks ago, a mild earthquake to override Governor Guinn’s veto, cre- to cast an informed, responsible vote shook Yucca Mountain. What would ating a national nuclear dump in Ne- on this matter. But we are here. happen to nuclear waste buried be- vada will not solve America’s nuclear We are here because the Bush admin- neath Yucca Mountain when the next waste storage problem. That is because istration and some of its allies in Con- earthquake hits? And we know there the site isn’t big enough. America progress—and in the energy industry—are will be another. Will the radioactive duces far more nuclear waste than can determined to exploit unique rules that waste leak? Will it contaminate the be buried at Yucca Mountain. So be- were written 20 years ago and apply soil? The groundwater? We don’t know. ware if you are thinking of voting for only to this bill. The decision we make will have con- this proposal. This time, the nuclear I can’t help but think how ironic it is sequences that will last for tens of waste may be passing through your that less than a week after America thousands of years. We owe it to the State. Next time, your State may be celebrated the genius of our Founders, American people—and to future gen- where the special interests want to who intended this Senate to be the erations of Americans who haven’t bury their radioactive trash. world’s most deliberative body, we are been born yet—to wait until we have If we let them do it this time—with- being forced to vote on a matter of real answers. Yucca Mountain is less out sufficient scientific proof that it is such grave importance before we can than 75 miles from Las Vegas, the fast- safe—think how much easier it will be have an informed, honest debate. est-growing metro area in the country. the next time. Even more troubling than the break But it is not just Nevadans who are During his campaign, President Bush this vote represents with our past, is potentially in harm’s way. Serious promised Americans that if he were the threat it poses to America’s future. questions have also been raised not elected, he would support regulations

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6487 requiring energy companies to reduce I am still dumbfounded to hear peo- with meeting the power needs that go their emissions of carbon dioxide, a ple express concerns about how it can with the economic growth. compound that nearly all scientists be moved, how it can be stored. Sen- If we don’t proceed, do we go back to agree is causing global warming. When ator MURKOWSKI and a bipartisan dele- the beginning? Do we debate again the the time came to follow through on gation took a look 10 years ago at how repository siting and reexamine all the that promise, the President reneged. Sweden, France, and the Japanese have feasibilities of other sites such as the At a stop in Las Vegas during the dealt with this problem. Yet in Amer- Hanford Reservation or the Michigan campaign, Vice President CHENEY said ica we have not been able to come to Peninsula. Where would it be? What a Bush administration would not mus- grips with our future needs and how we would we do? cle this project through. He promised are going to deal with the problem. Also, we would have to consider ex- that the final decision would be based We should not overexaggerate what isting Federal reservations such as on sound science. Now, at the urging of this decision today will do. The Senate Hanford and Savannah River. The com- the energy industry, the administra- today will decide very simply whether plications that would be caused and the tion has reneged on that promise, too. to permit the Secretary of Energy to irresponsible consequences of not They are pushing us to make this deci- apply for a license to operate a reposi- agreeing to the motion to proceed sion prematurely, at grave potential tory at Yucca Mountain. It is not the today are almost incomprehensible. risk to this Nation. end of the process. It is the very begin- There has been a lot of discussion There is no reason we have to make ning. I know from experience we are about transportation, moving this a final decision today. Scientists at the going to look at this issue every year, waste around the country. How can we Nuclear Regulatory Commission have congressionally, as we should, because deal with it? Certainly, getting this assured us that the nuclear waste can funds will have to be used as we go waste moved to a single repository stay where is it for 100 years—safe in through the process. Senators from where we could have very strong secu- dry cask storage—without posing any across the country are going to want to rity is much better than what we have additional risk to public health and know what is happening, how it is now with all of these sites in 39 States safety. It is premature, dangerous, and going. This is just to begin the impor- that are sitting there reaching their reckless to force a vote on this ques- tant part of the process. limits and exposed. It would be much tion today. We have more than enough We should not abandon all these easier certainly to guarantee the secu- time to make an informed, responsible years of effort. That is what would hap- rity in a single place. decision about Yucca Mountain. The pen. If we don’t pass this motion to I have also taken the time to look at question is: Will we have the courage proceed, vote yes on it, I don’t know how this transportation is handled. to take that time? how we go forward. We will have wast- These moving devices are very secure. For the sake of all Americans—ined years and billions of dollars in re- You wouldn’t believe all the effort that cluding those who will be born genera- search and effort. goes into making sure they won’t be In addition, there is a tremendous tions from now—I hope the answer is exposed to any kind of accident. To my problem with the exposure the Govern- yes. knowledge, there has never been one ment would have as a result. If we I urge my colleagues to vote against that has caused a problem. don’t go forward, our Federal Govern- this proposal. We risk no harm by wait- When you look at what we have done ment could face billions of dollars in li- ing for the scientists to finish their to paint this dire picture of what might ability for breach of contractual obli- work. We risk catastrophic harm by re- happen, the truth is, the picture of gations. Remember this: If we don’t fusing to wait. what will happen if we don’t take this I yield the floor. proceed, a lot of companies are going action now, after all this time, all this The PRESIDING OFFICER. The Re- to start entering into private con- money, all this effort, all this science— publican leader. tracts. They will start making arrange- I don’t know where we go from here. It Mr. LOTT. Madam President, par- ments for other types of repositories, all boils down to this vote for 39 liamentary inquiry: How much time re- probably not as safe, not as well States, including my State. If not now, mains on each side at this point? thought out, not based on as much when in the world are we going to do The PRESIDING OFFICER. The Sen- science, and also still having to be it? And if not in this way, if not in this ator from Alaska has no time remain- moved. When you look at various place, where? There are a lot of Sen- ing. The Senator from Nevada has 271⁄2 States and where their nuclear waste is ators who would have to begin to be minutes remaining. and its condition, you see that some- very nervous about a whole reevalua- Mr. LOTT. Madam President, I will thing is going to happen. Having a re- tion process and what it would mean to use my leader time. I realize Senators pository that we have studied so much their sites. are expecting to vote on or around 6 and that will be so secure is better I understand the Senators from Ne- o’clock. I hope we will be able to do than the alternative of the liability to vada. They have made a valiant effort. that. which we would be exposed and what They feel so strongly about it. I under- In that vein, I will not speak too then would begin to happen all over the stand that. But I think the Senate is long, but I have to rise to urge my col- country. leagues to vote yes on the motion to We should not jeopardize our only re- committed to working with them to proceed. That is the vote. That will be alistic means of meeting global climate make sure that as we move forward, it the only vote today. This is not some- concerns by cutting back 20 percent of is based on good science and also that thing that is new. This is not a pro- clean electric power that is supplied by we do it in the most secure fashion. posal that we are rushing into. In fact, these nuclear reactors. As a matter of Let me again urge that we vote yes the entire time I have been in the Sen- fact, I am hoping we will have some and that we do it within the next few ate, and 6 years when I was in the more nuclear reactors activated in the minutes. House, this process has been under Tennessee Valley Authority region. I yield the floor. way. It is 20 years that this has been in Clearly, there is a way that could be The PRESIDING OFFICER. The Sen- the making. Nobody is being surprised. done, and there are some nearly com- ator from Nevada. Nobody is being rammed. There are not pleted reactors that could be put back Mr. REID. Madam President, the going to be any dangers. on line. It would help us with our en- Senator from Nevada talked about This is a part of a very long, thought- ergy needs as we move toward an ever courage. I yield 5 minutes to one of the ful process based on science. Twenty growing economy. If you are going to most courageous legislators we have years and $8 billion have already been have economic growth, you have to had. She showed that courage in the expended. This is something we must have power. I have just visited some House of Representatives and now in do. Nuclear power is an important part other countries that have seen real the Senate. of our overall energy needs. It provides growth, and one of the concerns they The PRESIDING OFFICER. The Sen- clean, efficient power. We need to in- have—a country such as Ireland—is ator from Washington. clude that in our diverse package of that growth. They have new compa- Ms. CANTWELL. Madam President, I power production. nies, but they are struggling to keep up rise today in opposition to the motion

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6488 CONGRESSIONAL RECORD — SENATE July 9, 2002 to proceed to the Yucca Mountain reso- Washington state’s Hanford Nuclear Res- agencies to make sure the Department lution authorizing DOE to move for- ervation, remember, was very close to being of Energy lives up to its responsibil- ward with the siting of a national nu- chosen for this ugliest of graveyards. We ities. But these are complex problems. clear waste repository at Yucca Moun- didn’t want it any more than the citizens of So the fact that DOE hasn’t answered Nevada do. tain, Nevada. Washington state has done its share for the all the questions about Yucca Moun- Washington State is home to the country in producing and enduring these tain on the technical side and on the Hanford Nuclear Reservation, the most dangerous wastes and waiting for bureau- environmental side before proceeding contaminated site in this country. My crats and politicians to recognize the envi- puts a question in my mind: Why do we constituents have a very keen interest ronmental threat with which we’ve been sad- have to execute today? Why do we have in the development of a comprehensive, dled. to move forward today? scientifically-driven national nuclear Washington was able to escape doing even Even the GAO, in its recent report, waste policy. Unfortunately, I don’t be- more to rid the world of the nuclear-waste says that there was no way that the lieve this proposal, the Yucca Moun- monster. So this state cannt be party to sacrificing questions left to be answered at Yucca tain policy, represents the needs of the health of Nevada and its residents be- can be answered in the timeframe that Washington State. As far as I can tell, cause we want to get rid of the wastes piled the original Nuclear Waste Policy Act it is neither a comprehensive solution up within our borders. envisioned So, basically, we are saying to the fact that we have 54 million gal- We owe Nevada—even more, probably, than we will approve this site without con- lons of tank waste now stored at Han- other states do. clusively addressing some 293, I be- ford, nor was the decision to rec- Washington doesn’t necessarily need to lieve, different technical questions join Nevada in opposing the respository. But ommend the site at Yucca Mountain that are still out there. driven by a preponderance of scientific we and our congressional delegation should be involved. We should insist that the De- As the GAO stated in its December evidence. partment of Energy, the Environmental Pro- 2001 report: This proposal, as billed, is supposed tection Agency and the Nuclear Regulatory On the basis of information we reviewed, to be a long-term, comprehensive solu- Commission make certain that this reposi- DOE will not be able to submit an acceptable tion for our nation’s nuclear waste, yet tory is as safe as we would want it to be if application to the NRC within the express it would leave as much as 87 percent of the waste were coming to Hanford. statutory time frames . . . the high-level nuclear tank waste in The repository is supposed to separate The GAO also criticized the lack of reliable my State. That is right. Under the De- high-level nuclear waste from the human cost estimates for Yucca Mountain. How partment of Energy’s plan, as outlined race for 10 centuries. much will American taxpayers spend on this in its Environmental Impact State- We’ve spent $7 billion studying Yucca proposal, with so many outstanding tech- ment, only 13 percent of the waste from Mountain, and for several years, it’s been the nical uncertainties? No one really knows, only place under consideration. This has put but likely over $100 billion. That’s why this Washington State’s underground tanks a lot of heat on the EPA, DOE and the NCR proposal is opposed by so many taxpayer would move to Yucca Mountain. Only to lower or change standards to make sure groups. 19 percent of all of Hanford’s defense- the Nevada site makes the grade. Madam President, my State, more related waste would move. And that’s That just adds to the need for the Senate than any, wants a real solution to our to say nothing about the increase in to be cautious about signing on to this plan. nation’s nuclear waste problem. But the total amount of commercial nu- It can’t be Yucca Mountain for the sake of more than anywhere else, my State clear waste within our borders. getting something—anything—done about There are capacity issues, as is ad- nuclear waste. Expedient is not good enough also knows that that these solutions mitted in the EIS. Yucca Mountain when the decision will have consequences for must be based on sound science and thousands and thousands of years. technology, and that the people de- will, by statute, only be able to take up There can be no certainty when the to 70,000 metric tons of heavy metal. serve real answers and not a plan that timeline is unimaginably long and the mate- will do little to nothing for moving And by the time the Yucca Mountain rial unimaginably ugly. waste out of our State. So when the proposed site is open, Washington Ms. CANTWELL. So why doesn’t the State will already have 150-percent DOE leaves so many questions unan- ‘‘trust us’’ answer work for us when it swered and rushes to judgment, I am more commercial nuclear waste than comes to nuclear waste—when it comes we have today. So where is the waste skeptical. to trusting the Department of Energy? To quote another article in the Se- in Washington State going to go? Washington State has had to fight and The Seattle PI recently ran an edi- attle Post-Intelligencer, ‘‘Cart before battle hard. By some estimates, we torial, ‘‘Yucca Mountain Must Meet horse at Yucca,’’ it said: have already spent some $35 billion on Rigorous Standards,’’ that talked Been there, heard those empty promises Hanford cleanup—without producing a about how we had created a monster in about sure-bet technological fixes for the single log of vitrified waste from those the amount of nuclear waste in this past 50 years. That approach hasn’t produced underground tanks that are leaking in country and asked what we are going a disposal solution so far, and there’s no rea- my State. We will also spend another son to rely on that failed strategy now. to do about it. I ask unanimous con- $50 billion, according to estimates, to sent to print that in the RECORD. We need more specific answers on There being no objection, the edi- finish the job, and we are banking on every aspect of the Yucca Mountain torial ordered to be printed in the the development of new technologies plan—on transportation, technology, RECORD, as follows: that have never been used in projects and most importantly, from the State [From the Seattle Post-Intelligencer, July 8, of this magnitude. Meanwhile, we are of Washington: Where is the rest of the 2002] spending an average of about $5.1 mil- 87 percent of our tank waste going to YUCCA MOUNTAIN MUST MEET RIGOROUS lion per day on this effort. go? The Yucca Mountain proposal fails STANDARDS Since starting this project, we have to provide that answer. This country, in this century, has created had lots of stops and starts. In 1958, we I yield the floor. a monster that likely will live for hundreds tried converting our nuclear tank The PRESIDING OFFICER. The Sen- of thousands of years. Long, long after we waste to ceramic forms. We tried again ator from Nevada is recognized. are gone, Americans will look back at the later in the 1980s, to turn the tank Mr. REID. I yield 1 minute to the summer of 2002 to see how carefully we waste into grout. That plan didn’t Senator from Missouri, Senator CARNA- tamed the monster. So imagine the pressure on the U.S. Senate work, and it was abandoned. HAN. this week as it must decide whether to de- Then, in 1998, DOE tried to privatize The PRESIDING OFFICER. Senator clare Yucca Mountain in Nevada the perma- the construction of the vitrification from Missouri is recognized. nent repository for this nation’s most dan- plant. That didn’t work either. After a Mrs. CARNAHAN. Madam President, gerous nuclear waste. series of cost overruns, DOE fired the for the RECORD, I want to correct the Maybe Yucca Mountain should become the contractor and we moved on to the statement made earlier regarding the final resting place for this radioactive next phase. shipment of nuclear waste or spent fuel Frankenstein. But Americans, and especially citizens of Washington state, should be very So we in Washington State know how through Missouri. sure that the site meets the highest stand- hard this process can be. That is why The Senator from Alaska stated that ards for effectiveness and safety before it is we have a tri-party agreement with the ‘‘there is no proposed existing trans- officially designated. Federal Government and our State portation route that will be taking the

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6489 waste through Missouri.’’ He also said eral Accounting Office said there is 292 a policy point of view the country is at a that ‘‘there is no logic to suggest that scientific investigative reports that are stalemate and confronting imminent dis- there would be movement of waste not completed. aster. We do have the capacity to store the Those independent scientists and an- material safely for decades. through the State of Missouri.’’ These There has been talk today on several occa- are simply untrue statements. alysts include the Nuclear Waste Tech- sions that these sites are filling up; as a re- In fact, a shipment of foreign re- nical Review Board, General Account- sult, we are going to have to move to un- search reactor spent fuel was shipped ing Office, a former NRC commis- regulated private storage facilities. That’s through Missouri on I–70 in June 2001. sioner, and other independent sci- another lie, because these private facilities The Department of Energy has three entists. still have to be approved by the Nuclear Reg- highway routes selected for cross-coun- Let’s look at some of the myths of ulatory Commission. try shipments of this spent fuel that this ad: I repeat, outside of Washington and we take back from foreign countries. It is right for the environment. New York, people realize how flawed I have the map right here. I got it Now, that is a joke. It is right for the this is. It certainly is the wrong way to from the Department of Energy. Two of environment? Every environmental go. the three routes go directly across Mis- group in America opposes Yucca Moun- The Department of Energy has been souri. This map—not the one used on tain. There’s your answer. The trans- saying we need to have Yucca Moun- the floor by the Senator from Alaska— portation of it scares them. The Sen- tain to consolidate all the waste that is is a much better predictor for the po- ator from Oklahoma came and said sitting in existing nuclear facilities. If tential routes for the spent fuel that ‘‘why are they scaring people?’’ Let’s there were ever a big lie, that is it. I will be shipped cross-country to Yucca think about this a minute. The pro- have had Senators who support this posed route that goes through Okla- Mountain because it is currently used come here all day today saying: What homa was just the scene of a horrible for very similar nuclear waste. we need is one site. That is what this is These are the facts. I wanted the accident, where a barge hit a bridge all about. Every State one looks at, we and 23 cars were knocked into the RECORD to be clear for the people of will find they do not gain anything. water and it killed 13 people. Missouri. None of them are getting rid of nuclear I don’t think that is scaring people. I Mr. REID. Mr. President, how much waste. think it is a scary fact. So it is good time does the Senator from Nevada We can run through all these places for the environment? That has to be a have remaining? across America. When it is all over, big laugh. Every environmental group The PRESIDING OFFICER. Twenty Browns Ferry in Alabama will have 107 in America opposes this. ‘‘It has bipar- minutes. percent of the nuclear waste they have tisan support’’? The PTA, the national Mr. REID. Madam President, I know right now, and we can go on down the Parent Teachers Association, opposes there are people in the audience all list; 168 percent in Pennsylvania; 140 this. The National Education Associa- around here who are being paid lots of percent in South Carolina. There is one tion and the Farm Bureau, because of money. They are coming here to see that is 306 percent. That is in Virginia. the water situation, oppose this, along what is going to happen. They are There is one here for 380 percent. They with the U.S. Conference of Mayors. As being paid lots of money. They drive will have 380 percent more nuclear is already in the RECORD from the Sen- here in limousines and have Gucci waste than when they started. ator from California, hundreds of envi- shoes and nice suits. It is interesting to This is the big lie, that they are ronmental groups and other organiza- going to get rid of the nuclear waste all know that in the places where they tions in America oppose this. work, Washington and New York, they around the country and have one place It is right for the environment? where there is nuclear waste. That is have editorials supporting this bad sit- Afraid not. ‘‘It is right for consumers’’? uation, trying to ship Yucca Mountain simply not true. It will not happen. Joan Claybrook, who spent hours out They are going to wind up with more waste on our highways, railways, and in the reception room earlier today, is our waterways. nuclear waste. the epitome of what consumers are A simple statement of fact: They can In this morning’s paper, it says the about in America, and her group op- move at the most 3,000 tons a year. Senate should pass the Yucca Moun- poses it. They will generate more than 2,000 tain bill now. This is part of the Right for consumers? If this boon- tons a year, and they have 46,000 tons unending stream of money. That is doggle goes through, it will cost the stored, and Yucca can only hold 77,000 what this is all about—money, lots of American taxpayers approximately tons. It does not take a mathematician money; money to run newspaper ads; $100 billion. The Department of Energy to figure out that we are not going to unlimited vacations to Las Vegas to itself acknowledges they will spend $69 get rid of the nuclear waste stored look at Yucca Mountain for 2 hours billion, but they low-ball everything where it is. and spend three days being wined and and come back to Congress for more Some of my colleagues have said the dined in Las Vegas; unlimited dollars money. How can that be right for hard- Nuclear Waste Technical Review Board to send representatives to Capitol Hill. working American families. really has not said how bad this is. I know how this works. The State of ‘‘It is time for action’’? Afraid not. They have said it as clearly as one can. Nevada had a few dollars and we want- But this is the Gucci crowd. They paid An important conclusion in the board’s ed to hire a lobbyist, but we could not for this. They do it in New York and in January letter is: find one. They were all hired by the Washington where they get the good When DOE’s technical and scientific work Nuclear Energy Institute. We could not editorials. They don’t get the good edi- is taken as a whole the Board’s view is that hire them. They had conflicts of inter- torials in other places because they the technical basis for the DOE’s repository est. So all you people here, just bill ev- have not been able to weave their web performance is weak to moderate. . . . erybody, feel good about it; you are of money. They go on to say: perpetrating a travesty on the people That is what this is all about. As the While no individual technical or scientific of this country. Senator from California indicated factor has been identified that would auto- We know that the information in this today, 261 groups make up the Nuclear matically eliminate Yucca Mountain from ad from the Washington Post are Energy Institute. These are the same consideration at this point, the Board has myths. The law requires Senate action. groups that our Vice President met limited confidence generated by DOE’s per- That is not true, as has been indicated with secretly. Now he won’t tell us formance market. by the majority leader and everybody anything about those meetings. We are in the midst of a crisis in this else. It is not true. The chairman of the Let’s see what USA Today said. They country. The stock market has plum- Nuclear Regulatory Commission said said there is no good reason to move meted. People have lost confidence in less than a month ago that if it didn’t forward with this project. The view is corporate America. Today, we should go forward now, no big deal, it is safe best summarized by comments of the be working to fix those problems, not where it is. Chairman of the Nuclear Regulatory create another disaster for the Amer- Well, this argument that Yucca needs Commission where he said: ican people to help out big corpora- to happen is a big crock of potato soup. If Yucca Mountain was to fail because of tions. That is what this is about. Cor- The fact of the matter is that the Gen- congressional action, it does not mean from porate America is driving this decision.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6490 CONGRESSIONAL RECORD — SENATE July 9, 2002 That is really too bad, Madam Presi- States, I am sorry to say. If he told the Sarbanes Stabenow Wellstone dent. It is really too bad. truth about Yucca Mountain, he would Schumer Torricelli Wyden I extend my appreciation publicly to not be President. He would have lost by NOT VOTING—1 my friend from Nevada. Senator EN- four electoral votes and would have Helms SIGN has worked very hard on this. He lost the Presidency of the United The motion was agreed to. has done good work. Senator ENSIGN States. Mr. CRAIG. Madam President, I has done an outstanding job talking I say to my friend, the ranking mem- move to reconsider the vote. with every member of the minority. I ber of the committee, Senator MUR- The PRESIDING OFFICER. That mo- am very happy with the work he has KOWSKI, he and I have had a lot of bat- tion is not in order. done. I publicly congratulate him for tles on the Senate floor. I have the Under the previous order, the Senate the work he has done. greatest respect for him. He has been a will proceed to the consideration of I have been tremendously impressed gentleman and always fair to me, and H.J. Res 87, which the clerk will report with the fact he has not in any way although we disagree on policy issues, I by title. backed off, even though some say it is cannot say enough about him being the The assistant legislative clerk read unpopular for him to oppose the Presi- type of legislator I think we should as follows: dent of the United States. have. A joint resolution (H.J. Res. 87) approving Let me read a poem by Robert Frost I urge my colleagues one more time the site at Yucca Mountain, Nevada, for the to close this debate: to take the road less travelled and pro- development of a repository for the disposal Two roads diverged in a yellow wood, tect people in the country, their states of high-level radioactive waste and spent nu- And sorry I could not travel both and Nevada. clear fuel, pursuant to the Nuclear Waste And be one traveller, long I stood I yield the floor and ask for the yeas Policy Act of 1982. And looked down one as far as I could and nays. The PRESIDING OFFICER. Under To where it bend in the undergrowth; The PRESIDING OFFICER (Ms. the previous order, the clerk will read Then took the other, as just as fair, CANTWELL.) Is there a sufficient sec- H.J. Res 87 for the third time. And having perhaps the better claim, The joint resolution was read the Because it was grassy and wanted wear; ond? There appears to be a sufficient sec- third time. Though as for that the passing there The PRESIDING OFFICER. The joint Had worn them really about the same, ond. The PRESIDING OFFICER. The Sen- resolution having been read the third And both that morning equally lay time, the question occurs on passage of In leaves no step had trodden black. ator from Nevada has 6 minutes re- Oh, I kept the first for another day! maining. the resolution. The joint resolution (H.J. Res. 87) Yet knowing how way leads on to way, Mr. REID. I yield back my time. I doubted if I should ever come back. was passed. The PRESIDING OFFICER. The Mr. CRAIG. Mr. President, I move to I shall be telling this with a sigh question is on agreeing to the motion Somewhere ages and ages hence: reconsider the vote. to proceed to S.J. Res. 34. The clerk Mr. MURKOWSKI. I move to lay that Two roads diverged in a wood, and I— will call the roll. I took the one less travelled by, motion on the table. And that has made all the difference. The legislative clerk called the roll. The motion to lay on the table was Mr. NICKLES. I announce that the Madam President, Senators are being agreed to. Senator from North Carolina (Mr. called upon to take that less traveled Mr. REID. I ask unanimous consent HELMS) is necessarily absent. road because it is going to make a dif- S.J. Res. 34 be returned to the cal- ference. I further announce that if present endar. Yucca Mountain is a bad project. We and voting the Senator from North The PRESIDING OFFICER. Without cannot transport nuclear waste safely. Carolina (Mr. HELMS) would vote objection, it is so ordered. We know that. Nuclear waste is subject ‘‘yea.’’ Mr. BYRD. Mr. President, I am con- to terrorist attack. We are talking The PRESIDING OFFICER. Are there cerned that many geological and tech- about tens of thousands of truckloads any other Senators in the Chamber de- nical questions associated with the and thousands and thousands of train- siring to vote? Yucca Mountain plan have yet to be loads, and now they told us they are The result was announced—yeas 60, answered. We must ensure the safe going to move waste on barges. This is nays 39, as follows: keeping of this waste material for a road that should not be traveled, [Rollcall Vote No. 167 Leg.] 10,000 years—a period of time longer even though some people want to go YEAS—60 than the written history of mankind. down that road. Allard Graham Miller Therefore, there must be certainty I say let’s take the road that makes Allen Gramm Murkowski that the Yucca Mountain site ensures Bennett Grassley Murray protection of the environment and the all the difference. It is the right thing Bingaman Gregg Nelson (FL) to do. Bond Hagel Nelson (NE) safety of citizens. At this point, such In the years to come, as indicated in Brownback Hatch Nickles certainty does not exist. the Seattle Post Intelligencer, people Bunning Hollings Roberts What we do not yet know about Burns Hutchinson Santorum Yucca Mountain and its suitability as are going to ask: Why did they do that? Cleland Hutchison Sessions There is no reason to do it. Chairman Cochran Inhofe Shelby a long-term repository gives me great Meserve has said: Collins Kohl Smith (NH) concern. For instance, how safe is it to Craig Kyl Smith (OR) house such a great volume of nuclear If Yucca Mountain were to fail because of Crapo Landrieu Snowe congressional action, that does not mean all DeWine Leahy Specter waste at a site that lies along a natural of a sudden from a policy point of view that Domenici Levin Stevens fault line? Can a facility be built to the country is at a stalemate and is con- Durbin Lincoln Thomas withstand a major earthquake? There fronting imminent disaster. Edwards Lott Thompson have not been sufficient answers to Enzi Lugar Thurmond That is true. But corporate interests Fitzgerald McCain Voinovich these and other questions. Many sci- are pushing this. In fact, we should be Frist McConnell Warner entific studies have reached the same talking about legislation to address NAYS—39 conclusion, namely that more research these problems with corporate Amer- is needed before moving forward with Akaka Clinton Jeffords ican right now. We should be working a Baucus Conrad Johnson the Yucca Mountain site. Despite the bill reduce the power of corporate Bayh Corzine Kennedy incomplete scientific study of Yucca America with which this administra- Biden Daschle Kerry Mountain and the state of Nevada’s Boxer Dayton Lieberman tion has been in bed. The only person Breaux Dodd steadfast opposition to the project, the who could have stopped this corporate Mikulski nuclear energy industry and other par- Byrd Dorgan Reed abuse today, it appears, is the Presi- Campbell Ensign Reid ties are said to have pressured the Sec- Cantwell Feingold dent of the United States. He misled Rockefeller retary of Energy to recommend that Carnahan Feinstein the people of Nevada. That is the rea- Carper Harkin Yucca Mountain is a suitable site for son he is President of the United Chafee Inouye the repository.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6491 If Yucca Mountain is designated the pany Accounting Oversight Board, to en- tion this week to ensure that corpora- primary repository for high-level nu- hance the standard setting process for actions are made accountable and that clear waste, transportation of this haz- counting practices, to strengthen the inde- workers and investors are protected ardous material throughout the coun- pendence of firms that audit public compa- against these abuses. nies, to increase corporate responsibility and try will increase significantly. How- the usefulness of corporate financial disclo- The Leahy amendment, which my ever, to date, the Department of En- sure, to protect the objectivity and inde- Republican colleagues seek to block, ergy has not decided upon any plan on pendence of securities analysts, to improve was unanimously approved by the Judi- how to move this material to the re- Securities and Exchange Commission re- ciary Committee in April. It includes pository. It is another in a long line of sources and oversight, and for other pur- critical measures to strengthen the uncertainty surrounding the Yucca poses. ability of Federal prosecutors to de- Mountain proposal. How will the mate- Mr. SARBANES. What is now pend- tect, prevent, and prosecute corporate rial be moved? By train? By barge? By ing before the Senate? fraud. It makes acts of document truck? What kind of security will be in- The PRESIDING OFFICER. The Mil- shredding and corporate fraud punish- volved? There is not a single answer to ler amendment, No. 4176. able by 10 years in prison. It lengthens any of these questions. Congress needs Mr. SARBANES. I ask for the regular the statute of limitations for victims those answers before signing off on this order. of security fraud. plan. Mr. GRAMM. May we have order, Finally, the bill directs the U.S. Sen- We need a long-term solution to the Madam President. tencing Commission to review criminal problem of securing nuclear waste, and The PRESIDING OFFICER. Members penalties for obstruction of justice and Yucca Mountain may ultimately prove will take their conversations off the corporate fraud. to be a scientifically sound solution. floor of the Senate. Today, Americans are outraged by But before we make a final decision on Mr. SARBANES. There is a proce- the endless corporate scandals, and a repository which must have a 10,000- dural question following the Miller Congress must act to hold corporate year life span, we must have absolute amendment. We have been discussing crooks fully accountable and to restore certainty of the suitability of Yucca that. We may be able to resolve it, but confidence in our markets. Mountain. The safety of citizens for we need to do that overnight. Defeating the ‘‘poison pill’’ amend- thousands of years to come depends on I call for the regular order which, as ment offered by Senator MCCONNELL is our prudence and careful deliberation. I understand it, would take us back to the first step toward that goal. Senator With these concerns in mind, I voted the Leahy amendment, with the MCCONNELL’s amendment would put against this proposal. McConnell amendment pending to America’s workers in double jeopardy. Mr. MURKOWSKI. Madam President, Leahy? The amendment puts new requirements let me recognize the action by the Sen- The PRESIDING OFFICER. The Sen- on workers’ representatives, despite ate and thank those who participated ator is correct. the fact that these officials currently in the debate, and Senator REID, Sen- Mr. SARBANES. I call for the reg- face disclosure and reporting require- ator ENSIGN. I certainly understand ular order. ments which surpass those of public and appreciate the position they have AMENDMENT NO. 4175 companies. taken. I thought the discussion and The PRESIDING OFFICER. The This amendment would subject small presentation throughout the debate amendment is now pending. The Sen- local unions with annual receipts of was certainly evidence of their concern ator from Massachusetts. only $200,000, which are already subject for the State of Nevada. Mr. LEAHY. Will the Senator yield to labor reporting requirements, to the On the other hand, this has been with for a question? We are on, am I correct, same SEC reporting requirements as us for a long time, 20 years. I think the the Leahy amendment which was pend- large public companies which typically Senate has acted responsibly today. ing to it the McConnell amendment? have resources in the millions. Let me thank certain staff members The PRESIDING OFFICER. That is The reality is that union finances are who have done a great deal of work. I correct. already more heavily regulated than will be very brief: Colleen Deegan, Jen- Mr. LEAHY. I thank the Senator those of most public companies. The nifer Owen, Brian Malnak, Josh from Massachusetts. Department of Labor under current law Bowlen, Macy Bell, Jim Beirne, our The PRESIDING OFFICER. The Sen- can investigate and audit union finan- chart man, Joe Brenckle; and on the ator from Massachusetts. cial records at any time, including con- majority: Sam Fowler, Bob Simon, and Mr. KENNEDY. As I understand it, ducting random audits. There is no of course Senator BINGAMAN. the matter before the Senate now is comparable requirement for public Many others worked so diligently. the McConnell amendment; am I cor- companies today. We want to thank those in the industry rect? There are many other examples of who assisted in bringing this matter to The PRESIDING OFFICER. That is current labor laws requiring much the attention of all Members, encour- correct. stricter disclosure by unions than the aging that we act in a prudent manner, Mr. KENNEDY. Madam President, SEC requires of publicly traded compa- with dispatch. I most appreciate the this amendment of the Senator from nies. Unions have to list every em- two leaders who are recognizing that Kentucky is what we call around here ployee who receives more than $10,000. we can take the time today to dispose and everywhere a poison pill amend- But the SEC does not require this of of this matter. ment intended to prevent serious ac- companies. Unions have to provide I yield the floor. tion on corporate accountability. Just more detailed information regarding The PRESIDING OFFICER. What is as a few Republicans sought to stop their loans than do public companies the will of the Senate? campaign finance reform with similar under SEC requirements. Unions have Mr. SARBANES. Parliamentary in- amendments, now they are trying to to provide more detailed lists of their quiry: What is the pending business? block action to make executives ac- investment today than do public com- countable. The lack of corporate re- f panies under the SEC requirements. sponsibility in the United States has The list goes on and on and on. PUBLIC COMPANY ACCOUNTING undermined the credibility of our mar- For over 40 years under labor laws, REFORM AND INVESTOR PRO- kets and devastated the retirement union officials have been required to TECTION ACT OF 2002—Continued savings of millions of Americans. certify the annual financial reporting The PRESIDING OFFICER. The This widespread abuse of corporate of their unions under penalty of per- clerk will report the pending business. power has jeopardized our Nation’s eco- jury. The assistant legislative clerk read nomic recovery and hurt the legit- The McConnell amendment certifi- as follows: imacy of our fundamental institutions. cation requirement ignores the safe- A bill (S. 2673) to improve quality and We must not call for the obstruc- guards that already exist under our transparency in financial reporting and inde- tionism of Senate Republicans. In- labor laws. Union officials are already pendent audits and accounting services for stead, we must heed the call of the subject to criminal penalties, which in- public companies, to create a Public Com- American people and insist on bold ac- clude jail time for willfully failing to

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6492 CONGRESSIONAL RECORD — SENATE July 9, 2002 file reports, or knowingly making false I am sure that people who do not plement the changes the President pro- statements, or willfully concealing want unions subjected to transparency posed today. I am hopeful that on a bi- documents. Union officials who violate and to accountability are going to say: partisan basis we can adopt it on the these provisions are subject to jail Well, this is an effort to circumvent re- floor of the Senate as part of this bill. time as well as substantial fines. quirements on corporate America. If we do not have time to do it, I have It is misguided to apply SEC require- Nothing could be further from the every reason to believe there will be bi- ments and penalties which were de- truth. This amendment does not strike partisan support to make those signed for publicly traded companies to the Leahy amendment. It simply adds changes and those additions, those not-for-profit groups such as unions. a simple provision to it that applies strengthening amendments in con- Even the Department of Labor recog- parallel standards to unions. ference. nizes this. Senator KENNEDY says this neglects There is only one part of the Leahy Don Todd, Deputy Assistant Sec- existing law. The point is that the ex- amendment to which I object. Unfortu- retary in charge of the Department’s isting law is not very strong. Many nately, it is a very important part of Union Reporting Office, wrote last Au- unions don’t even submit these reports. the amendment that no one is focusing gust regarding SEC requirements that You could argue on the corporate side on when they are talking about the the Department of Labor does not have that we already have a body of law; Leahy amendment. In fact, I would the expertise to provide more than a why are we writing new laws? We are move that we simply accept the Leahy very general overview of this complex writing new laws because we need amendment except for this small but area of law. Why in the world would we stronger and better laws. We have a bi- important provision. want to force the labor unions to com- partisan consensus that we do it. I remind my colleagues that in 1995, ply with SEC filing requirements when Also, Senator KENNEDY says the ve- on a bipartisan basis, we adopted the the relevant oversight agency doesn’t racity of these reports should follow Private Securities Litigation Reform understand this area of the law? under another jurisdiction. We are Act, legislation that basically amended The bottom line here is that the Re- talking about accounting. We are talk- securities laws to deal with the whole publicans fear corporate responsibility. ing about accuracy in reporting. We issue of predatory strike suits where They know the American people are are talking about transparency. We are one law firm was filing 80 percent of outraged by the endless series of cor- talking about accountability. Surely the lawsuits against corporate America porate scandals that are hurting work- union members, in reading a report, and we had a reform of corporate liabil- ers, retirees, and our economic recov- should have the same confidence that ity. That bill was adopted on a bipar- ery. Rather than admit the scope of it is valid, that a certified public ac- tisan vote. It is the only bill that we corporate corruption and the urgency countant who is subject to high ethical overrode President Clinton’s veto on in of criminal penalties for corrupt execu- standards wrote the report, and that 8 years in office. tives proposed by Senator LEAHY, the the president of the unions certifies it, One of the reforms was to set statute Republicans are seeking to poison the and that the president is going to be of limitations requirements that basi- well. If we allow this, the American held accountable if it doesn’t meet the cally paralleled the securities acts people will never forgive us for passing standards we are setting. from the 1930s. What we said is, if you up this unique opportunity to bring ac- Let me just summarize, since we are want to file a lawsuit, you have to do countability to corporate executives. going to debate this amendment to- it within a year of when you know Corporate criminals must be made to morrow, by saying: there was a violation or within 3 years pay for their misdeeds. of when the violation occurred. I urge my colleagues to vote against No. 1, this amendment does not The whole point of statute of limita- the McConnell amendment. change the Leahy amendment. If you The PRESIDING OFFICER. The Sen- are for the Leahy amendment, that is tions is, that beyond some point it is ator from Texas. fine. very difficult to maintain records. You Mr. GRAMM. Madam President, first The question the Senator from Ken- do not know what happened. People’s of all, let me point out something. Sen- tucky poses is, should similar parallel memories fade. People die. This was ator MCCONNELL’s amendment changes requirements be imposed on unions part of this important reform. nothing in the Leahy amendment. The that issue a financial statement annu- The Leahy amendment effectively adoption of Senator MCCONNELL’s ally, and should they have to be cer- throws out the 1 year and the 3-year amendment does nothing to change the tified by a certified public accountant? statute of limitations and adopts a 5- Leahy amendment. I understand that And should the president of the union year limitation. Now, he claims it is a Senator MCCONNELL tomorrow is going have to sign the report as the president 2-year and 5-year, but the 2 year ap- to come over and speak at great length of a corporation does? Should they be plies only if you can prove that the on his amendment. But I don’t want held liable if the report is not accurate person who filed the lawsuit knew that anyone to be deceived as to what the and if they knowingly file an inac- the violation occurred outside of the 2 amendment is about. curate report? years. I would assert that is virtually The amendment has nothing to do That is the question. impossible to prove. with the Leahy amendment in terms of No. 2, it seems to me it is perfectly It is interesting, in statute of limita- its adoption in any way delaying or reasonable. You might be for it, and tions, where you are saying you have changing the Leahy amendment. you might be against it, but you can’t to act on a timely basis because people The Senator from Kentucky has pro- say it has anything to do with trying do not have knowledge after periods of posed a simple proposition that I be- to undo the Leahy amendment. time expire, under this, you have to lieve is unassailable logically. That It seems to me that if you are have enough knowledge to prove that proposition is we are going to put pen- against it, you have to explain why they knew, which I think is a standard alties on filing false reports by cor- unions should not be required to meet that could not possibly work. No one porations, and we are going to in the high standards in filing reports. really believes it could work. process send people to prison for it. I I haven’t spoken on the Leahy So the reality is, we are striking the support that provision. I think there amendment. It is my understanding we 1-year and the 3-year statute of limita- are probably 100 Members of the Senate are going to be debating it tomorrow. I tions in the securities litigation reform who support that part of Senator would like to simply outline what is in bill, and we are substituting a 5-year LEAHY’s amendment. the amendment that I am for and what statute of limitations for it. That is a The Senator from Kentucky simply is in the amendment that I am against. provision that I oppose. Every other asks the question: Why don’t we re- I can do it very briefly. part of the Leahy amendment I sup- quire that labor unions, when they sub- If people knowingly and willfully vio- port. I personally would be willing to mit financial statements once a year, late the law, I support putting them in see it accepted by unanimous consent have them audited by CPAs? Second, prison. The President has proposed save that one provision in the bill. I why don’t we have them sign those re- doubling the sentence. I am for that. I think it is an important provision. ports and be accountable for their ac- hope at some point the administration But I want people to know, as we go curacy? will give us legislative language to im- into the debate, that my support for

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6493 the McConnell amendment has nothing Mr. SARBANES. Will the Senator pose that, he certainly could. And I to do with the Leahy amendment; it yield on that point? will stop asking him to yield, but let simply has to do with having been con- Mr. KENNEDY. Yes. me make this point. vinced that there is logic to the Mr. SARBANES. The Senator from Mr. SARBANES. To impose it on cor- McConnell position. Kentucky says they are not filing these porations, you support that? If we are trying to get transparency reports. What are the Secretary of Mr. GRAMM. If you offer that in financial reporting, if we are trying Labor and the Department of Labor amendment, I would have to read it. I to hold people accountable, if we want doing, because they have the power to probably wouldn’t. honest numbers, it seems to me the make them file their reports. In fact, Mr. SARBANES. All right. logical place would be to start with they can impose penalties, as I under- Mr. GRAMM. But the point I am Government, which we have not done. stand it, including not only fines but making is, we are talking about two But the second point, it seems to me, is also imprisonment for the failure of things. One thing that you have to to apply the same standard to business union officials to meet the require- have is a CPA do the audit, and, two, and to labor. That is what McConnell ments under the statute. the president of the union and the has done. My dear colleague from Texas says, president of the company has to sign Tomorrow we will have the debate on well, look, this thing is on all fours. the report. They are liable if they it, but I wanted to outline what the This is what we are doing to the cor- knowingly are misleading people. amendment did and did not do and my porations. And all the McConnell Those are the only two things the position on the Leahy amendment. amendment does is it does it to the McConnell amendment does. The PRESIDING OFFICER. The Sen- unions. Now, who could be against I just can’t see what is wrong with it ator from Maryland. that? and why it doesn’t make sense. Not Mr. SARBANES. Madam President, I But let’s look at what is already that there is anything wrong with that am prompted to enter this debate by being done to the unions. Let’s look at part of the Leahy amendment; I sup- the comments of my colleague from the requirements under which they al- port that part of the Leahy amend- Texas. You cannot evaluate the par- ready have to function. Let’s look at ment. I just don’t understand why this allelism of the McConnell amendment the powers that the Department of does violence to organized labor. It without evaluating the requirements Labor and the Secretary of Labor have seems to me it makes perfectly good that are now imposed upon labor with respect to this matter. sense. unions under the Labor-Management Mr. GRAMM. Will the Senator yield? Mr. SARBANES. I simply say that a Reporting and Disclosure Act of 1959. Mr. SARBANES. Certainly. statutory structure has been worked The argument that this is logical is Mr. GRAMM. You can make the same out for labor which is quite extensive only if you drop out of the picture or argument the SEC has the power to and exceeds in many respects anything the context the fact that the unions audit any company in America today. that applies to corporations. You can’t are now under extensive reporting re- Any exchange they are a member of make a judgment about whether you quirements in the law, requirements has the power to audit them today. We should do anything additional to the that significantly exceed, in many re- are saying we need better, stronger, unions until you examine carefully spects, anything that is required of more powerful laws. We need better re- what is already required from them corporations. porting. People need better informa- under the existing statutory scheme. Now, the Department of Labor has tion. That is not happening here. the authority to conduct audits of All the Senator from Kentucky is Mr. DODD. Will my colleague yield labor unions. saying is, why don’t we apply the same for a question? Mr. KENNEDY. Will the Senator thing to the reports that are filed by Mr. SARBANES. I yield. yield on that point? labor unions. Mr. DODD. It occurs to me as well, in Mr. SARBANES. Yes. Mr. SARBANES. Will the Senator this bill, we are not requiring for all Mr. KENNEDY. According to the yield? businesses these requirements. These statute, it can conduct those audits Mr. GRAMM. Yes. You have the are for businesses that have to file with randomly, as I understand. Does the floor. the SEC. Senator agree with me that these au- Mr. SARBANES. Has the Senator ex- Mr. SARBANES. That is right, which dits can be done randomly? According amined, with any care, the reporting is a limited universe. to the statute, it says right here, in requirements and the other matters Mr. DODD. It is a limited universe. section 601(a): that govern labor union reporting My point is, we are not talking about The Secretary shall have power when he under the Labor-Management Report- every entity that conducts business for believes it necessary in order to determine ing and Disclosure Act? profit. We excluded the overwhelming whether any person has violated . . . any Mr. GRAMM. Only to the degree that majority of businesses that are private provision of [the legislation] . . . to make an I can say that all the arguments that entities, that have no filing require- investigation and in connection therewith. ... are being made, saying we do not need ments with the SEC. Our colleague to improve reporting, are arguments from Wyoming felt very strongly about And they may enter such places to inspect such records and accounts in that someone could make with regard this point, that we only deal with pub- question. to corporate America. They are already lic companies, the 16,000 public compa- Does the current underlying legisla- subject to random audits by the SEC. nies. tion permit the SEC to conduct ran- They are already subject to random au- Let me ask my colleague this ques- dom auditing of public entities? dits by exchanges. I am not making tion: Is a labor union a for-profit busi- Mr. SARBANES. The auditing is that argument because I do not believe ness or are they a different kind of an done by the independent public ac- it. entity? I have always understood a countants. Mr. SARBANES. What about the re- labor union was not a business and Mr. KENNEDY. The point I am mak- quirement on unions that they list the therefore to require of the labor union ing is, at the current time, the Depart- employees whose total of salaries and that which we require of a for-profit ment of Labor can conduct an inde- other disbursements exceed $10,000, in- company that is required to file with pendent audit at any particular time cluding position, gross salary, allow- the SEC seems to be mixing apples and on any occasion, according to the ances, and disbursements? What about oranges. There is no parallelism here Labor-Management Reporting Act. that requirement that is imposed on at all. Beyond that, it has the provision: the unions to make that kind of disclo- Mr. SARBANES. The Senator is ab- Every labor organization shall file annu- sure? Where is a comparable disclosure solutely correct. The unions ought to ally with the Secretary a financial report in that regard with respect to corpora- have reporting requirements and they signed by its president and treasurer or cor- tions? ought to file. responding principal officers containing the Mr. GRAMM. Will the Senator yield? Mr. DODD. Correct. following information. . . . Mr. SARBANES. Certainly. Mr. SARBANES. Those have been put And it lists all of that information. It Mr. GRAMM. I say, if the Senator into law. There are extensive authori- already exists. wanted to offer an amendment to im- ties in the Secretary of Labor and the

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6494 CONGRESSIONAL RECORD — SENATE July 9, 2002 Department with respect to the a service for the fact that you get say that you have to pay the union unions—quite extensive authorities, I charged that fee. dues in order to work—you don’t have might add. Mr. GRAMM. I am not saying you are to join, but you have to pay the dues— We have established one statutory not getting anything for it. I am just I think when you have that mandatory framework to control the reporting re- saying that it is mandatory, and I element, having to report publicly is quirements and disclosure on the part don’t see how you cannot say that logical. of unions, which is a completely sepa- unions are public institutions. Mr. SARBANES. They do have to re- rate universe from what we are trying Secondly, why do we require CPAs to port publicly. They are now required to to address in this legislation. do audits of companies? We can’t audit report publicly under the legislation The Senator is absolutely right. It is every company in America. We don’t that governs reporting and disclosure. in a sense apples and oranges. You are have enough resources. So you try to The Senator is speaking as though dealing with two different universes, get a system where the auditor has there are no such requirements. and you have established two different some degree of responsibility for help- The fact of it is that there is an statutory frameworks within which to ing to enforce the standards. I don’t see elaborately developed framework. Now, address that. why you wouldn’t have CPAs required the Department of Labor may not be Mr. DODD. If the Senator from Texas to do the audits of unions. carrying it out fully, as the statute were interested in creating a sense of I was handed this by Senator MCCON- would require. They may be falling uniformity, I could see him offering an NELL’s staff. I am sorry he had an ap- short in that regard, but if that is the amendment—I wouldn’t agree with it— pointment tonight, but the OLMS, case, the way to remedy the situation which would require that all businesses which does the compliance audits, did a is to provide the resources to the De- that are conducting their operations high of 1,583 audits in 1984. Last year, partment of Labor and call upon them for profit be subjected to an accounting that was only 238. So I don’t know why to do their job. standard that was equal. Again, my you wouldn’t want a union that has Mr. GRAMM. Mr. President, this is friend from Wyoming would strenu- mandatory membership to have its re- Mr. MCCONNELL’s amendment, and I ously object to such an amendment. I ports done by CPAs who we are holding will let him debate it. But the whole would as well because of the reasons to a high standard in this bill. That is purpose of having CPAs, the whole pur- that smaller companies just could not all I am saying. pose of having licensing and the taking possibly afford the costs associated Mr. SARBANES. What is the expla- of oaths is we cannot audit every com- with that. But to suggest somehow nation by the Department of Labor for pany by the Government. I am pleased that a nonprofit organization ought to this rather stunning drop in the num- to say that nobody has proposed to be subjected to the same rules as a for- ber of audits? Was it from 1,500 to 200 in have the Government take over the au- profit public company where share- 1 year’s time or 2 years’ time? diting function. We have proposed to holders and so forth are involved is Mr. GRAMM. It is from 1984 to 2001. strengthen the CPA process and impose stretching logic. I would say on that issue, if the Sen- higher standards because that is really I appreciate my colleague yielding. ator will yield, that the President’s our fundamental line of defense. Mr. SARBANES. It is obvious that 2003 budget asked for an additional $3.4 I just don’t understand. It seems to one of the distinctions we sought to million for 40 full-time positions. It me this would be a logical amendment make in the underlying bill that is be- will be very interesting to see if we to take. It only says two things: When fore us is that when a company be- provide the money for them to have it. unions file a report, it has to be done comes public, you then have an inves- Mr. SARBANES. That is the way to by a CPA. You have a mandatory mem- tor interest that has to be protected. go at this problem; otherwise, it seems bership of unions in some 40 States, Otherwise, manipulation destroys in- to me that the Department of Labor and they are public institutions. Sec- vestor confidence and affects the con- needs to do the job that it has been ondly, the president of the union, as fidence in our capital markets. That is charged to do. I think that is what the president of the company, ought to the issue we are confronting now and those figures amply demonstrate. have to verify the veracity of the state- the impact it is having on the econ- I am gratified that the administra- ment and be liable if he knowingly is omy. tion’s budget is seeking more money in certifying it when he knows it is not That was the universe we tried to order to meet these responsibilities, valid. I mean you are not holding him deal with in this legislation. We were but that is where it ought to be done. accountable if somebody has not told very careful that the legislation does Mr. GRAMM. My final point—and I him the truth. not apply to most businesses in Amer- appreciate the generosity of the chair- Senator MCCONNELL is going to ica and doesn’t apply to most account- man—it seems to me the most funda- present case and verse of all of the ants in America, since most of them mental requirement is if you are going problems. I don’t know the problems, don’t audit public companies. to make a public report and you have but it seems to me that when we are Mr. GRAMM. Will the Senator yield? mandatory membership so you are a trying to improve reporting and im- The PRESIDING OFFICER (Mr. DAY- public institution, you ought to have a prove transparency and improve ac- TON). The Senator from Texas. certified public accountant do that re- countability, the simple proposal that Mr. GRAMM. I remind my colleagues port and sign that they have done it. when unions file their annual report, as that in some 40 States in the Union, We have decided—I think it is one of corporations do, a CPA should prepare you can’t work unless you are a mem- the best things in our bill; whatever the report—I just cannot imagine not ber of a union. If unions are not public bill is adopted will have it—to require requiring that. organizations, when you have manda- the heads of companies to sign these Secondly, the president of the union tory requirements, I can’t work in reports. I don’t know why you wouldn’t ought to have to sign the report and be Maryland in an area that is unionized want the head of the union to sign accountable if he knowingly is saying without either joining the union or these reports. something that is not true. paying union dues. To suggest that Mr. SARBANES. Would the Senator Finally, the argument that there are unions are somehow private when you support a provision that required all other requirements—well, there are have mandatory membership I think companies with annual receipts of more requirements on corporate Amer- won’t hold water. $200,000 or more to meet all of these au- ica. We just concluded there were not Mr. SARBANES. If the Senator diting requirements? enough. So Senator MCCONNELL is sim- would yield, you don’t have mandatory Mr. GRAMM. I would if the compa- ply saying while you are improving membership. You may have a require- nies were companies that people had to one, improve both. If I were a member ment that you pay a union fee, but the do business with. If we had anything of a union, I would like having certified union then has an obligation, if you are equivalent in the marketplace to a pro- by a CPA a report showing how my in a union shop, to represent you in the vision that said you have to buy things money was spent. I think it would give collective bargaining efforts and with from this company or you can’t buy me more confidence. I would think if grievances, and so forth and so on. So them, which in essence we do in States the rank-and-file union members in my the union has to, in effect, provide you that don’t have right-to-work laws; we State would vote on this, there would

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6495 be an overwhelming vote for it. I don’t The issue at Enron had to do with was gone. Corporations such as Enron even know why we are debating this. members of the board of directors and WorldCom didn’t have to worry This is sort of a no-brainer, in my opin- being paid—according to the Govern- about somebody bringing an action ion. But my opinion may not be the mental Affairs recent report—$350,000 a against them for securities misdeeds. majority opinion. year to serve on the board and, frank- One of the things that was included I yield the floor. ly, missing it completely, or didn’t rein the 1995 law was to take away liabil- The PRESIDING OFFICER. The Sen- port it when things were being done ity for aiding and abetting, in terms of ator from Illinois is recognized. that defrauded stockholders, pen- rights of action, causes of action in- Mr. DURBIN. Mr. President, I agree sioners, and ultimately cost employees volving corporate fraud. We exempted with the Senator from Texas, this is a their jobs. a whole category of people who, up no-brainer amendment because I can- That, I thought, was what this debate until that time, had been liable for aid- not quite understand why we would be was about. Instead, we are talking ing and abetting fraud. We said in the establishing a standard here for labor about right-to-work and labor unions. I name of securities litigation reform, unions. It reminds me of when I was am sorry, but I don’t think people we would exempt this category of indi- raising my kids and my wife and I had across America believe the problems of viduals. to give one of our children medicine Enron and WorldCom and Global Cross- Senator MCCONNELL comes up with that they didn’t want. My daughter ing had anything to do with labor this amendment and says: We want to would say: I would feel a lot better if unions. They didn’t. They had to do reinstate that aiding and abetting li- my brother had to take it, too. That is with corporate greed and corruption. ability, not for businesses, but we want what we are having here—businesses I commend Senators SARBANES and to put it on labor unions. What is faced with corporate corruption. ENZI for bringing to the floor a bill wrong with this picture? We are not Frankly, we have people on the Senate that addresses this in a straight- imposing it on corporations despite all floor saying, as painful as it is for us to forward manner. The McConnell- the scandals we have read about; in- make more disclosures, we would feel Gramm amendment wants to get us on stead, we are going to impose this new better if you could also hurt the labor another track to discuss other things. I obligation on labor unions. unions while you are at it. Is that what find this interesting. There is no pro- I am afraid, frankly, that is not a this is about—to try to find a parity of posal that this new requirement be ap- matter of public policy, it is a matter pain between business and labor? I plied to any other organization than of retribution. I also think we should didn’t think so. labor unions. I don’t hear anybody take a look at how many labor unions The point made by the Senator from coming before us and suggesting that could be liable for this audit that is re- Maryland is that labor unions already the Boy Scouts of America should be quired. There are 70 national and interface extraordinary reporting require- subject to SEC filing. That is a large national unions, but the McConnell- ments in a law that has been in place organization. They certainly have re- Gramm amendment would apply to for 43 years—requirements not made of ceipts beyond $200,000. I don’t hear the 5,000 different unions, large and small, many businesses. In the McConnell- suggestion that associations and orga- across America. It goes way too far. Gramm amendment, it suggests that if nizations like the Boy Scouts of Amer- The amendment certification re- your labor union has receipts of $200,000 ica, or the American Legion—I don’t quirements are also redundant. For a year, they are going to add a new want to go too far with this—or the more than 40 years, union officers have burden to the labor unions—even be- Federalist Society should have more been required to sign annual financial yond this 43-year-old law. transparency and disclosure and, there- reports, under penalty of perjury, at- I listened closely as the Senator from fore, should be subject to SEC filings. testing that the report’s information Maryland explained the bill before us. Nobody brought that up. Is that part of accurately describes the union’s finan- He has worked closely with the Sen- the problem in America, the lack of cial condition and operations. That is a ator from Wyoming to make sure it confidence in our economy? Not at all. just applies to public corporations, The problem relates to corporations pretty reasonable standard for labor where there is public investment in and businesses that have gone too far unions under current law. stockholders and where there is an and lied to the stockholders and the We are trying to impose similar item of public trust involved. That is American people. If we get off the standards on corporations so when they understandable. track here and decide we are going to file their accounting audit statements, So if I would stand before the Mem- go after other battles to be fought, someone puts their name on it and ac- bers here and say, if you really believe whether labor unions or other organi- cepts responsibility for the truth and in transparency and disclosure, you zations, we have missed the point. I accuracy of the statement. ought to apply these requirements to think this amendment misses the Frankly, I think Senator MCCONNELL every business in America, many peo- point. and Senator GRAMM have this totally ple would say that is an onerous and Let me also say that the McConnell upside down. The problems we face— unnecessary burden; it goes beyond the amendment holds labor unions to the corporate corruption, the lack of issue of public trust; now you are going standards to which not even businesses confidence in the economy, which even after every business, large and small. are being held. In 1995, I happened to be the President spoke about today—have That is what the McConnell-Gramm a Member of the House when the so- nothing to do with labor unions. They amendment does when it comes to called Newt Gingrich ‘‘Contract on really have to do with corporations labor unions. They say if a labor union America’’ came through. One of the that have an obligation to the public. has receipts of $200,000, they have a things we did there, I am afraid, turned I believe the vast majority of busi- brandnew set of requirements. The out to be a precursor to what we are nesses and corporations in America are Senator from Texas says these unions going through today in what was run by honest people, working hard to are public institutions, they should not known then as securities litigation remake a profit to provide goods, serv- be treated as if they are private. Well, form. We basically said we think some ices, and jobs to make America a bet- they are not. They are subject to the of these plaintiff lawyers, class action ter place. I do believe that. But there 1959 Labor-Management Reporting and lawyers, have gone too far and there- are some who have violated the public Disclosure Act. fore we are going to protect many cor- trust. The underlying bill addresses The thing that also concerns me is porations from liability when it comes that. To bring in an argument now that many requirements of the labor to securities transactions. I was 1 of 99 about imposing new obligations on unions under current law are far strict- in the House of Representatives who labor unions not only misses the point er than what is required under the SEC voted against that bill and wanted to completely as to why we are here this for public corporations. I cannot under- sustain President Clinton’s veto. We evening but misses the point about stand why we would want to increase did not prevail. We lost in the House why we are facing this crisis in Amer- the burden on labor unions when the and in the Senate. ica. issue appears to be, at Enron, not a It really, sadly, set the stage for I stand in opposition to the McCon- union problem but a business problem. where we are today. Another watchdog nell-Gramm amendment, and I hope all

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6496 CONGRESSIONAL RECORD — SENATE July 9, 2002 of my colleagues will join me in re- MORNING BUSINESS town joined together and formed a membering why this debate got start- Mr. SARBANES. Mr. President, I ask committee to oversee the repairs and ed. unanimous consent that the Senate maintain the historic beauty of the Mr. President, I yield the floor. now proceed to a period for morning site. The repairs were financed through The PRESIDING OFFICER. The Sen- business, with Members allowed to a Transportation Enhancement Grant ator from New Jersey. speak therein for up to 5 minutes each. from the Federal Highway Administra- Mr. CORZINE. Mr. President, I, too, The PRESIDING OFFICER. Without tion, the Delaware Department of wish to verbalize my opposition to this objection, it is so ordered. Transportation, and members of the amendment that tries to draw in a f Delaware General Assembly from Sus- completely extraneous item which has sex County. Together, these groups not been debated in the context of this LOCAL LAW ENFORCEMENT ACT were able to provide substantial fund- bill in the 10 committee hearings we OF 2001 ing for renovations. The residents of had with regard to putting together Mr. SMITH of Oregon. Mr. President, Georgetown should be praised for their the Corporate Corruption and Investor I rise today to speak about hate crimes commitment to restoring the Circle. Protection Act. legislation I introduced with Senator With their initiative and dedication, It has not been involved in any of the KENNEDY in March of last year. The future generations will be able to enjoy President’s discussions about corporate Local Law Enforcement Act of 2001 its rich history. abuse or fraud that we have heard dis- would add new categories to current The July 19 rededication is a celebra- cussed. It is not in any way related to hate crimes legislation sending a sig- tion of the community’s collective ef- the group of organizations with which nal that violence of any kind is unac- forts. Delaware’s future will be built we are attempting to deal, which are ceptable in our society. upon its rich history. We must work large, publicly traded corporations, and I would like to describe a terrible hard to preserve these symbols of our really ignores the fact that there is al- crime that occurred September 12, 2001 past to ensure that they are not forgot- ready a body of law that deals with in Huntington, NY. A man, who was ten. The citizens of Georgetown worked union organizations and union officers drunk, tried to run over a Pakistani hard to ensure that the area’s unique with regard to their responsibility to woman in the parking lot of a shopping history will be preserved long into the their memberships and for their report- mall, according to police. The man future.∑ ing requirements. then followed the woman into the mall For a whole host of reasons, I do not and threatened to kill her for ‘‘destroy- f understand how this even relates to the ing my country.’’ issue that is the fundamental part of I believe that government’s first duty HONORING WALTER JOHNSON is to defend its citizens, to defend them the underlying bill, and there certainly ∑ is not any evidence in the marketplace against the harms that come out of Mrs. BOXER. Mr. President, I would of ideas and activities across America hate. The Local Law Enforcement En- like to take this opportunity to direct that would justify pulling labor unions hancement Act of 2001 is now a symbol the Senate’s attention to the life and by their actions into the fish net about that can become substance. I believe achievements of Walter Johnson. Wal- which we are talking. This is about that by passing this legislation and ter is the Secretary-Treasurer of the corporate corruption. It is about inves- changing current law, we can change San Francisco Labor Council, a posi- tor protection. It is about making sure hearts and minds as well. tion he has held since 1985. He is a man of great compassion and determina- corporate fraud is properly dealt with f tion. He is also, I am proud to say, a in the legal system, one that puts ev- ADDITIONAL STATEMENTS eryone on notice that they have seri- trusted friend and confidante. ous responsibilities to certify that On July 18, 2002, Walter is being hon- what is reported is real, and if it is not RESTORATION AND REDEDICATION ored by the San Mateo Central Labor real, then people are held accountable. OF THE GEORGETOWN CIRCLE Council for his lifetime of service. He certainly deserves it. He has been a We are off on the wrong track, and if ∑ Mr. CARPER. Mr. President, today I we end up having too many of these di- leader in the Bay Area labor movement recognize the rededication of ‘‘The Cir- since the 1950s. He got his start with versionary tactics away from the uncle’’ in Georgetown, DE scheduled for derlying principles of what we are try- the Department Store Employees July 19. Thanks to the great efforts and Union Local 1100 while working as a ing to accomplish, which is to have hard work of the citizens of George- measured, reasonable, and thoughtful salesperson at Sears. Once in the town, this historic site has been re- union, it did not take him long to work progress with regard to corporate restored to its original splendor. sponsibility, corporate accountability, his way up to be president and eventu- The Circle was established in 1791 by ally secretary-treasurer, the top post. accounting reform, and investor pro- an act of the Delaware General Assem- tection, public protection, then I think bly. Subsequently, the town of George- Over the years, Walter has never we are going to miss the opportunity town was laid out around the Circle. wavered in his commitment to advanc- to secure our economy, to secure the While Delawareans knew of its historic ing the interests of working men and steps that are necessary for most peo- and cultural significance, it was con- women and the larger community. He ple to restart this engine of investment firmed nationally in 1973 when The Cir- truly believes in social justice and that drives our economy. This is com- cle was placed on the National Register equal rights. As the head of an organi- pletely off point. of Historic Places. zation comprised of 125 unions and I hope my colleagues in the Senate Georgetown has long been famous for 175,000 workers, he lives his beliefs will recognize it for what it is and Return Day, a celebration that takes every day. move on, turn this down, and get on place every 2 years, 2 days after the When it comes to the lives and liveli- with the underlying amendment that state’s general election. With the cam- hoods of those he represents, he never Senator LEAHY has so appropriately paign behind them, voters and can- lets elected officials forget that we brought to bear in this case. didate’s return to the Circle to enjoy work for the people, not the other way I yield the floor. parades, listen to music, and literally around. While this may make him an Mr. SARBANES. Mr. President, I ‘‘bury a hatchet.’’ We talk a lot in my occasional irritant, it also makes him suggest the absence of a quorum. State about working together, about a constant inspiration. The PRESIDING OFFICER. The putting aside partisan differences to Walter Johnson is the very embodi- clerk will call the roll. cross party lines to get things done. ment of the labor movement in San The assistant legislative clerk pro- This celebration at the Circle embodies Francisco and the Bay Area. If it seems ceeded to call the roll. that effort and commitment. like he has been there for years, it is Mr. SARBANES. Mr. President, I ask Over the years, the Circle fell to a because he has. Over the course of a unanimous consent that the order for state of disrepair. Once a place of half century, he always put the people the quorum call be rescinded. stately honor, financial assistance was first. It is high time he sat still long The PRESIDING OFFICER. Without needed to return the Circle to its origi- enough to let those he has helped re- objection, it is so ordered. nal state. The community of George- turn the favor.∑

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6497 HONORING UNIVERSITY OF SOUTH MESSAGE FROM THE HOUSE pursuant to law, the report of a rule entitled ‘‘Law and Order on Indian Reservations’’ CAROLINA, CLEMSON FOR MEN’S At 11:38 a.m., a message from the CHAMPIONSHIP BASEBALL (RIN1076–AE33) received on June 27, 2002; to House of Representatives, delivered by the Committee on Indian Affairs. TEAMS Ms. Niland, one of its reading clerks, EC–7694. A communication from the Direc- ∑ Mr. HOLLINGS. Mr. President, last announced that the House has passed tor, Regulations Policy and Management month as sports fans around the world the following bills, in which it requests Staff, Food and Drug Administration, De- focused their attention on soccer, the the concurrence of the Senate: partment of Health and Human Services, transmitting, pursuant to law, the report of student athletes of South Carolina re- H.R. 2643. An act to authorize the acquisi- minded this nation why baseball is a rule entitled ‘‘Over-the-Counter Human tion of additional lands for inclusion in the Drugs; Labeling Requirements; Partial Delay America’s game. Fort Clatsop National Memorial in the State of Compliance Dates’’ (RIN0910–AA79) re- Both the University of South Caro- of Oregon, and for other purposes. ceived on June 26, 2002; to the Committee on lina and Clemson University played in H.R. 3380. An act to authorize the Sec- Health, Education, Labor, and Pensions. the final rounds for the national title. retary of the Interior to issue right-of-way EC–7695. A communication from the Rail- While the Senators from Texas have permits for natural gas pipelines within the road Retirement Board, transmitting, pursu- the bragging rights to the trophy, I can boundary of Great Smoky Mountains Na- ant to law, the 2002 Annual Actuarial Report say this: the South Carolina teams had tional Park. Required by Section 22 of the Railroad Re- their most successful seasons ever and H.R. 4609. An act to authorize the Sec- tirement Act of 1974 and Section 502 of the retary of the Interior to conduct a com- Railroad Retirement Solvency Act of 1983; to engaged in a rivalry that will long be prehensive study of the Rathdrum Prairie/ the Committee on Health, Education, Labor, remembered in my state. Spokane Valley Aquifer, located in Idaho and Pensions. This year, my alma mater Game- and Washington. EC–7696. A communication from the Rail- cocks won a record 57 games, in what road Retirement Board, transmitting, pursu- was supposed to have been a rebuilding f ant to law, the 2002 Annual Report on the Fi- year. In the last three years they have MEASURES REFERRED nancial Status of the Railroad Unemploy- had more wins than any team in the ment Insurance System; to the Committee nation. In the tournament, they beat The following bill was read the first on Health, Education, Labor, and Pensions. EC–7697. A communication from the Acting their bitter rival Clemson twice, thus and the second times by unanimous consent, and referred as indicated: Director, Occupational Safety and Health making it to the final game for the Administration, Department of Labor, trans- first time since Jerry Ford was Presi- H.R. 4609. An act to direct the Secretary of mitting, pursuant to law, the report of a rule dent. For Clemson it was a heart- the Interior to conduct a comprehensive entitled ‘‘Occupational Injury and Illness Re- breaking finish to an incredible run. study of the Rathdrum Prairie Spokane Val- cording and Reporting Requirements (record- ley Aquifer, located in Idaho and Wash- For two months, the Tigers had been ing occupational hearing loss)’’ (RIN1218– ington; to the Committee on Energy and AC06) received on July 3, 2002; to the Com- ranked number one in the polls. They Natural Resources. won 54 games, the most in their his- mittee on Health, Education, Labor, and Pensions. f tory, including winning 10 games EC–7698. A communication from the Dep- against top 10 teams. MEASURES PLACED ON THE uty Secretary, Investment Management, Of- And although baseball is a team CALENDAR fice of Regulatory Policy, Securities and Ex- sport, this Senator cannot overlook change Commission, transmitting, pursuant one player in particular: Clemson The following bills were read the first to law, the report of a rule entitled ‘‘Tech- shortstop Khalil Greene. He was named and the second times by unanimous nical Amendments to Rules and Forms Due national player of the year. Hitting consent, and placed on the calendar: to the National Securities Markets Improve- ment Act of 1996 and the Gramm-Leach-Bli- H.R. 2643. An act to authorize the acquisi- .470, he may have had the greatest sea- ley Act’’ (RIN3235–AI53) received on June 26, tion of additional lands for inclusion in the son any Clemson player in any sport 2002; to the Committee on Banking, Housing, Fort Clatsop National Memorial in the State has ever had. His season reminds me of and Urban Affairs. when I was a very young fan, in 1930, of Oregon, and for other purposes. EC–7699. A communication from the Presi- and Babe Ruth earned $80,000 and was H.R. 3380. An act to authorize the Sec- dent of the United States, transmitting, pur- retary of the Interior to issue right-of-way asked why did he make more money suant to law, the Final Report on the Na- permits for natural gas pipelines within the tional Emergency with respect to the than President Hoover, and he replied, boundary of Great Smoky Mountains Na- ‘‘I had a better year than he did.’’ Taliban that was Declared in Executive tional Park. Order 13129 of July 4, 1999; to the Committee In his professional life, Mr. Greene f on Banking, Housing, and Urban Affairs. will probably have better years than EC–7700. A communication from the Presi- any United States Senator, including EXECUTIVE AND OTHER dent of the United States, transmitting, pur- our Hall of Famer, Senator BUNNING. I COMMUNICATIONS suant to law, the report of an Executive congratulate Mr. Greene, University of Order that terminates the national emer- South Carolina Coach Ray Tanner, and The following communications were gency described and declared in Executive Clemson coach Jack Leggett. And I sa- laid before the Senate, together with Order 13129 or July 4, 1999, related to the ac- lute all the players who on the field accompanying papers, reports, and doc- tions and policies of the Taliban, and amends Executive Order 13224 of September 23, 2001, showed us what great athletes they uments, which were referred as indicated: to include reference to Mohammed Omar and are, and who made this season the best the Taliban in the Annex to that order, thus ever for South Carolina baseball fans.∑ EC–7691. A communication from the Direc- preserving the sanctions imposed against the tor, Policy Directives and Instructions f Taliban; to the Committee on Banking, Branch, Immigration and Naturalization Housing, and Urban Affairs. MESSAGES FROM THE PRESIDENT Service, Department of Justice, transmit- EC–7701. A communication from the Chair- Messages from the President of the ting, pursuant to law, the report of a rule en- man of the Federal Energy Regulatory Com- titled ‘‘Allowing Eligible Schools to Apply mission, transmitting, pursuant to law, the United States were communicated to for Preliminary Enrollment in the Student the Senate by Ms. Evans, one of his Commission’s report on Government dam use and Exchange Visitor Information System charges; to the Committee on Energy and secretaries. (SEVIS)’’ (RIN115–AG55) received on July 2, Natural Resources. f 2002; to the Committee on the Judiciary. EC–7702. A communication from the Assist- EC–7692. A communication from the Assist- ant Secretary, Land and Mineral Manage- EXECUTIVES MESSAGES ant Secretary, Indian Affairs, Division of ment, Minerals Management Service, De- REFERRED Transportation, Bureau of Indian Affairs, partment of the Interior, transmitting, pur- As in executive session Presiding Of- Department of the Interior, transmitting, suant to law, the report of a rule entitled ficer laid before the Senate messages pursuant to law, the report of a rule entitled ‘‘Oil and Gas and Sulphur Operations on the from the President of the United ‘‘Distribution of Fiscal Year 2002 Indian Res- Outer Continental Shelf-Suspension of Oper- States submitting sundry nominations ervation Roads Funds’’ (RIN1076–AE28) re- ations for Exploration Under Salt Sheets’’ ceived on June 27, 2002; to the Committee on which were referred to the appropriate (RIN1010–AC92) received on July 3, 2002; to Indian Affairs. the Committee on Energy and Natural Re- committees. EC–7693. A communication from the Assist- sources. (The nominations received today are ant Secretary, Indian Affairs, Division of EC–7703. A communication from the Assist- printed at the end of the Senate pro- Transportation, Bureau of Indian Affairs, ant Secretary of Legislative Affairs, Depart- ceedings.) Department of the Interior, transmitting, ment of State, transmitting, pursuant to the

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6498 CONGRESSIONAL RECORD — SENATE July 9, 2002 Arms Export Control Act, the report of a law, a report regarding the President’s ap- By Mr. LEAHY (for himself and Mr. certification of a proposed license for the ex- proval of a new Unified Command Plan THOMPSON): port of defense articles or defense services (UCP) that specifies the missions and respon- S. 2713. A bill to amend title 28, United sold commercially under a contract in the sibilities, including geographic boundaries, States Code, to make certain modifications amount of $50,000,000 or more to Russia; to of the unified combatant command; to the in the judicial discipline procedures, and for the Committee on Foreign Relations. Committee on Armed Services. other purposes; to the Committee on the Ju- EC–7704. A communication from the Assist- EC–7715. A communication from the Assist- diciary. ant Secretary for Legislative Affairs, De- ant Secretary of Defense, Force Management By Mrs. CLINTON (for herself, Mr. partment of State, transmitting, pursuant to Policy, transmitting, pursuant to law, a no- KENNEDY, and Mr. SCHUMER): the Arms Export Control Act, the certifi- tice regarding Critical Skills Retention S. 2714. A bill to extend and expand the cation of a proposed license for the export of Bonus for Submarine Warfare Officers (112X) Temporary Extended Unemployment Com- defense articles or defense services sold com- and Surface Warfare Officers (111X); to the pensation Act of 2002; to the Committee on mercially under a contract in the amount of Committee on Armed Services. Finance. $50,000,000 or more to Russia, Ukraine, Nor- EC–7716. A communication from the Dep- By Mrs. CLINTON (for herself, Mr. way and Cayman Islands; to the Committee uty Secretary of Defense, transmitting, the KENNEDY, and Mr. SCHUMER): on Foreign Relations. report of a retirement; to the Committee on S. 2715. A bill to provide an additional ex- EC–7705. A communication from the Prin- Armed Services. tension of the period of availability of unem- cipal Deputy Associate Administrator of the EC–7717. A communication from the Dep- ployment assistance under the Robert T. Environmental Protection Agency, transmit- uty Secretary of Defense, transmitting, the Stafford Disaster Relief an Emergency As- ting, pursuant to law, the report of a rule en- report of a retirement; to the Committee on sistance Act in the case of victims of the ter- titled ‘‘Cyhalofo-butyl; Pesticide Tolerance Armed Services. rorist attacks of September 11, 2001; to the Technical Correction’’ (FRL7185–1) received Committee on Environment and Public on June 26, 2002; to the Committee on Agri- f Works. culture, Nutrition, and Forestry. EC–7706. A communication from the Prin- REPORTS OF COMMITTEES f cipal Deputy Associate Administrator of the The following reports of committees SUBMISSION OF CONCURRENT AND Environmental Protection Agency, transmit- were submitted: SENATE RESOLUTIONS ting, pursuant to law, the report of a rule entitled ‘‘Clarified Hydrophobic Extract of By Mr. HOLLINGS, from the Committee The following concurrent resolutions Neem Oil; Pesticide Tolerance; Technical on Commerce, Science, and Transportation, and Senate resolutions were read, and Correction’’ (FRL6835–1) received on June 26, with amendments: referred (or acted upon), as indicated: 2002; to the Committee on Agriculture, Nu- S. 414: A bill to amend the National Tele- communications and Information Adminis- By Mr. LUGAR: trition, and Forestry. S. Res. 300. A resolution encouraging the EC–7707. A communication from the Prin- tration Organization Act to establish a dig- peace process in Sri Lanka; to the Com- cipal Deputy Associate Administrator of the ital network technology program, and for mittee on Foreign Relations. Environmental Protection Agency, transmit- other purposes. (Rept. No. 107–207). By Mr. DURBIN (for himself and Mr. ting, pursuant to law, the report of a rule en- By Mr. LEVIN, from the Committee on FITZGERALD): titled ‘‘Oxadixly; Tolerance Revocations’’ Armed Services, with amendments: S. Res. 301. A resolution supporting the Na- (FRL7180–4) received on July 3, 2002; to the S. 2506: An original bill to authorize appro- tional Railroad Hall of Fame, Inc. of Gales- Committee on Agriculture, Nutrition, and priations for fiscal year 2003 for intelligence burg, Illinois, in its endeavor to erect a Forestry. and intelligence-related activities of the EC–7708. A communication from the Con- United States Government, the Community monument known as the National Railroad gressional Review Coordinator, Animal and Management Account, and the Central Intel- Hall of Fame; to the Committee on Com- Plant Health Inspection Service, Department ligence Agency Retirement and Disability merce, Science, and Transportation. of Agriculture, transmitting, pursuant to System, and for other purposes. (Rept. No. By Mr. KERRY (for himself and Mr. law, the report of a rule entitled ‘‘Change in 107–208). KENNEDY): Disease Status of Poland Because of BSE’’ S. Res. 302. A resolution honoring Ted Wil- (Doc. No. 02–068–1) received on July 3, 2002; to f liams and extending the condolences of the Senate on his death; considered and agreed the Committee on Agriculture, Nutrition, NOMINATION DISCHARGED and Forestry. to. EC–7709. A communication from the Con- The following nomination was dis- f gressional Review Coordinator, Animal and charged from the Committee on Gov- ADDITIONAL COSPONSORS Plant Health Inspection Service, Department ernmental Affairs and placed on the ex- of Agriculture, transmitting, pursuant to ecutive calendar pursuant to the order S. 582 law, the report of a rule entitled ‘‘Mediterra- of January 5, 2001: At the request of Mr. GRAHAM, the nean Fruit Fly; Removal of Quarantined name of the Senator from California Area’’ (FRL01–093–2) received on July 3, 2002; CORPORATION FOR NATIONAL AND COMMUNITY to the Committee on Agriculture, Nutrition, SERVICE (Mrs. BOXER) was added as a cosponsor and Forestry. J. Russell George, of Virginia, to be Inspec- of S. 582, a bill to amend titles XIX and EC–7710. A communication from the Con- tor General, Corporation for National and XXI of the Social Security Act to pro- gressional Review Coordinator, Animal and Community Service. vide States with the option to cover Plant Health Inspection Service, Department f certain legal immigrants under the of Agriculture, transmitting, pursuant to medicaid and State children’s health law, the report of a rule entitled ‘‘Change in INTRODUCTION OF BILLS AND insurance program. Disease Status of Greece With Regard to JOINT RESOLUTIONS Foot-and-Mouth Disease’’ (Doc. No. 01–059–2) S. 654 received on July 3, 2002; to the Committee on The following bills and joint resolu- At the request of Mr. TORRICELLI, the Agriculture, Nutrition, and Forestry. tions were introduced, read the first name of the Senator from Georgia (Mr. EC–7711. A communication from the Acting and second times by unanimous con- CLELAND) was added as a cosponsor of Assistant Secretary for Legislative Affairs, sent, and referred as indicated: S. 654, a bill to amend the Internal Department of State, transmitting, pursuant Revenue Code of 1986 to restore, in- to law, the report of a certification relative By Mrs. CLINTON (for herself and Mr. to Armenia, Azerbaijan, Georgia, DURBIN): crease, and make permanent the exclu- Kazakhstan, Kyrgystan, Moldova, Ukraine, S. 2710. A bill to amend the Internal Rev- sion from gross income for amounts re- Uzbekistan, and Tajikistan; to the Com- enue Code of 1986 to provide a credit for the ceived under qualified group legal serv- mittee on Armed Services. health insurance expenses of small business; ices plans. to the Committee on Finance. EC–7712. A communication from the Gen- S. 699 eral Counsel of the Department of Defense, By Mr. INOUYE (for himself and Mr. At the request of Mr. JOHNSON, the transmitting, a draft of proposed legislation CAMPBELL): to strengthen the management structure of S. 2711. A bill to reauthorize and improve name of the Senator from New York the Office of the Secretary of Defense; to the programs relating to Native Americans; to (Mrs. CLINTON) was added as a cospon- Committee on Armed Services. the Committee on Indian Affairs. sor of S. 699, a bill to provide for sub- EC–7713. A communication from the Under By Mr. HAGEL: stantial reductions in the price of pre- Secretary of Defense, Comptroller, transmit- S. 2712. A bill to authorize economic and scription drugs for medicare bene- ting, a notice regarding desktop computer democratic development assistance for Af- ficiaries. management service; to the Committee on ghanistan and to authorize military assist- S. 862 Armed Services. ance for Afghanistan and certain other for- EC–7714. A communication from the Sec- eign countries; to the Committee on Foreign At the request of Mrs. FEINSTEIN, the retary of Defense, transmitting, pursuant to Relations. name of the Senator from New York

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6499 (Mr. SCHUMER) was added as a cospon- (Mr. SCHUMER), the Senator from Flor- of drugs to treat pregnant women with sor of S. 862, a bill to amend the Immi- ida (Mr. NELSON), and the Senator from chronic conditions and women who be- gration and Nationality Act to author- Kansas (Mr. BROWNBACK) were added as come sick during pregnancy, to expand ize appropriations for fiscal years 2002 cosponsors of S. 2010, a bill to provide public health prevention, education through 2006 to carry out the State for criminal prosecution of persons who and outreach, and to develop improved Criminal Alien Assistance Program. alter or destroy evidence in certain and more accurate data collection re- S. 869 Federal investigations or defraud in- lated to maternal morbidity and mor- At the request of Mr. HARKIN, the vestors of publicly traded securities, to tality. name of the Senator from Connecticut disallow debts incurred in violation of S. 2394 (Mr. DODD) was added as a cosponsor of securities fraud laws from being dis- At the request of Mrs. CLINTON, the S. 869, a bill to amend the Fair Labor charged in bankruptcy, to protect names of the Senator from Rhode Is- Standards Act of 1938 to reform the whistleblowers against retaliation by land (Mr. REED) and the Senator from provisions relating to child labor. their employers, and for other pur- Louisiana (Ms. LANDRIEU) were added S. 987 poses. as cosponsors of S. 2394, a bill to amend At the request of Mr. TORRICELLI, the S. 2085 the Federal Food, Drug, and Cosmetic name of the Senator from Louisiana At the request of Ms. COLLINS, the Act to require labeling containing in- (Ms. LANDRIEU) was added as a cospon- name of the Senator from Vermont formation applicable to pediatric pa- sor of S. 987, a bill to amend title XIX (Mr. LEAHY) was added as a cosponsor tients. of the Social Security Act to permit of S. 2085, a bill to amend title XVIII of S. 2395 States the option to provide medicaid the Social Security Act to clarify the At the request of Mr. BIDEN, the coverage for low-income individuals in- definition of homebound with respect names of the Senator from North Da- fected with HIV. to home health services under the kota (Mr. CONRAD) and the Senator S. 1350 medicare program. from Utah (Mr. HATCH) were added as At the request of Mr. DAYTON, the S. 2188 cosponsors of S. 2395, a bill to prevent name of the Senator from Vermont At the request of Mr. BREAUX, the and punish counterfeiting and copy- (Mr. LEAHY) was added as a cosponsor name of the Senator from Georgia (Mr. right piracy, and for other purposes. of S. 1350, a bill to amend the title MILLER) was added as a cosponsor of S. S. 2480 2188, a bill to require the Consumer XVIII of the Social Security Act to At the request of Mr. LEAHY, the provide payment to medicare ambu- Product Safety Commission to amend names of the Senator from North Da- its flammability standards for chil- lance suppliers of the full costs of pro- kota (Mr. CONRAD) and the Senator dren’s sleepwear under the Flammable viding such services, and for other pur- from Arkansas (Mr. HUTCHINSON) were poses. Fabrics Act. added as cosponsors of S. 2480, a bill to S. 1394 S. 2215 amend title 18, United States Code, to At the request of Mr. ENSIGN, the At the request of Mrs. BOXER, the exempt qualified current and former name of the Senator from Georgia (Mr. name of the Senator from North Caro- law enforcement officers from state MILLER) was added as a cosponsor of S. lina (Mr. EDWARDS) was added as a co- laws prohibiting the carrying of con- 1394, a bill to amend title XVIII of the sponsor of S. 2215, a bill to halt Syrian cealed handguns. Social Security Act to repeal the medi- support for terrorism, end its occupa- S. 2558 care outpatient rehabilitation therapy tion of Lebanon, stop its development At the request of Mr. REED, the name caps. of weapons of mass destruction, cease of the Senator from Louisiana (Ms. S. 1655 its illegal importation of Iraqi oil, and LANDRIEU) was added as a cosponsor of by so doing hold Syria accountable for At the request of Mr. BIDEN, the S. 2558, a bill to amend the Public its role in the Middle East, and for name of the Senator from Washington Health Service Act to provide for the other purposes. (Ms. CANTWELL) was added as a cospon- collection of data on benign brain-re- sor of S. 1655, a bill to amend title 18, S. 2221 lated tumors through the national pro- United States Code, to prohibit certain At the request of Mr. ROCKEFELLER, gram of cancer registries. interstate conduct relating to exotic the names of the Senator from Massa- S. 2562 animals. chusetts (Mr. KENNEDY) and the Sen- At the request of Mr. REID, the name S. 1818 ator from New Jersey (Mr. TORRICELLI) of the Senator from Georgia (Mr. MIL- At the request of Mr. DURBIN, the were added as cosponsors of S. 2221, a LER) was added as a cosponsor of S. names of the Senator from Massachu- bill to temporarily increase the Fed- 2562, a bill to expand research regard- setts (Mr. KERRY) and the Senator from eral medical assistance percentage for ing inflammatory bowel disease, and New Jersey (Mr. TORRICELLI) were the medicaid program. for other purposes. added as cosponsors of S. 1818, a bill to S. 2249 S. 2611 ensure that a Federal employee who At the request of Mrs. CLINTON, the takes leave without pay in order to name of the Senator from Illinois (Mr. At the request of Mr. REED, the name perform service as a member of the DURBIN) was added as a cosponsor of S. of the Senator from Vermont (Mr. uniformed services or member of the 2249, a bill to amend the Public Health LEAHY) was added as a cosponsor of S. National Guard shall continue to re- Service Act to establish a grant pro- 2611, a bill to reauthorize the Museum ceive pay and allowances such indi- gram regarding eating disorders, and and Library Services Act, and for other vidual is receiving for such service, for other purposes. purposes. will be no less than the basic pay such S. 2328 S. 2636 individual would then be receiving if At the request of Mr. HARKIN, the At the request of Mr. TORRICELLI, the no interruption in employment had oc- name of the Senator from New York name of the Senator from Hawaii (Mr. curred. (Mrs. CLINTON) was added as a cospon- INOUYE) was added as a cosponsor of S. S. 1868 sor of S. 2328, a bill to amend the Pub- 2636, a bill to ensure that the Secretary At the request of Mr. BIDEN, the lic Health Service Act and the Federal of the Army treats recreation benefits name of the Senator from Vermont Food, Drug, and Cosmetic Act to en- the same as hurricane and storm dam- (Mr. JEFFORDS) was added as a cospon- sure a safe pregnancy for all women in age reduction benefits and environ- sor of S. 1868, a bill to establish a na- the United States, to reduce the rate of mental protection and restoration. tional center on volunteer and provider maternal morbidity and mortality, to S. 2663 screening to reduce sexual and other eliminate racial and ethnic disparities At the request of Mr. BREAUX, the abuse of children, the elderly, and indi- in maternal health outcomes, to reduce name of the Senator from Texas (Mrs. viduals with disabilities. pre-term, labor, to examine the impact HUTCHISON) was added as a cosponsor of S. 2010 of pregnancy on the short and long S. 2663, a bill to permit the designation At the request of Mr. LEAHY, the term health of women, to expand of Israeli-Turkish qualifying industrial names of the Senator from New York knowledge about the safety and dosing zones.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6500 CONGRESSIONAL RECORD — SENATE July 9, 2002 S. 2691 There being no objection, the bill was Bonn, Germany, regarding the provisional At the request of Mr. FEINGOLD, the ordered to be printed in the RECORD, as arrangement for Afghanistan as it moves to- name of the Senator from Illinois (Mr. follows: ward the establishment of permanent institutions and, in particular, should work in- DURBIN) was added as a cosponsor of S. S. 2712 2691, a bill to amend the Communica- tensively toward ensuring the future neu- Be it enacted by the Senate and House of Rep- trality of Afghanistan, establishing the prin- tions Act of 1934 to facilitate an in- resentatives of the United States of America in ciple that neighboring countries and other crease in programming and content on Congress assembled, countries in the region do not threaten or radio that is locally and independently SECTION 1. SHORT TITLE; TABLE OF CONTENTS; interfere in one another’s sovereignty, terri- produced, to facilitate competition in DEFINITION. torial integrity, or political independence, radio programming, radio advertising, (a) SHORT TITLE.—This Act may be cited as including supporting diplomatic initiatives and concerts, and for other purposes. the ‘‘Afghanistan Freedom Support Act of to support this goal. S. 2707 2002’’. (5) The special emergency situation in Af- (b) TABLE OF CONTENTS.—The table of con- ghanistan, which from the perspective of the At the request of Mr. KENNEDY, the tents for this Act is as follows: American people combines security, humani- name of the Senator from Maine (Ms. Sec. 1. Short title; table of contents; defini- tarian, political, law enforcement, and devel- COLLINS) was added as a cosponsor of S. tion. opment imperatives, requires that the Presi- 2707, a bill to amend the Employee Re- dent should receive maximum flexibility in tirement Income Security Act of 1974 TITLE I—ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AF- designing, coordinating, and administering and the Internal Revenue Code of 1986 GHANISTAN efforts with respect to assistance for Afghan- to provide comprehensive pension pro- istan and that a temporary special program Sec. 101. Declaration of policy. tection for women. of such assistance should be established for Sec. 102. Purposes of assistance. this purpose. S. RES. 258 Sec. 103. Principles of assistance. (6) To foster stability and democratization At the request of Mr. SMITH of New Sec. 104. Authorization of assistance. and to effectively eliminate the causes of Hampshire, the names of the Senator Sec. 105. Coordination of assistance. terrorism, the United States and the inter- from Iowa (Mr. HARKIN) and the Sen- Sec. 106. Administrative provisions. national community should also support ef- ator from Louisiana (Ms. LANDRIEU) Sec. 107. Authorization of appropriations. forts that advance the development of demo- were added as cosponsors of S. Res. 258, TITLE II—MILITARY ASSISTANCE FOR cratic civil authorities and institutions in a resolution urging Saudi Arabia to AFGHANISTAN AND CERTAIN OTHER the broader Central Asia region. FOREIGN COUNTRIES AND INTER- dissolve its ‘‘martyrs’’ fund and to SEC. 102. PURPOSES OF ASSISTANCE. refuse to support terrorism in any way. NATIONAL ORGANIZATIONS The purposes of assistance authorized by Sec. 201. Support for security during transi- S. RES. 266 this title are— tion in Afghanistan. (1) to help assure the security of the At the request of Mr. ROBERTS, the Sec. 202. Authorization of assistance. name of the Senator from Nebraska United States and the world by reducing or Sec. 203. Eligible foreign countries and eligi- eliminating the likelihood of violence (Mr. HAGEL) was added as a cosponsor ble international organizations. against United States or allied forces in Af- of S. Res. 266, a resolution designating Sec. 204. Reimbursement for assistance. ghanistan and to reduce the chance that Af- October 10, 2002, as ‘‘Put the Brakes on Sec. 205. Authority to provide assistance. ghanistan will again be a source of inter- Fatalities Day.’’ Sec. 206. Promoting secure delivery of hu- national terrorism; manitarian and other assist- S. CON. RES. 94 (2) to support the continued efforts of the ance in Afghanistan. United States and the international commu- At the request of Mr. WYDEN, the Sec. 207. Sunset. name of the Senator from Indiana (Mr. nity to address the humanitarian crisis in TITLE III—ADDITIONAL REQUIREMENTS Afghanistan and among Afghan refugees in LUGAR) was added as a cosponsor of S. WITH RESPECT TO ASSISTANCE FOR neighboring countries; Con. Res. 94, a concurrent resolution AFGHANISTAN (3) to fight the production and flow of il- expressing the sense of Congress that Sec. 301. Prohibition on United States in- licit narcotics, to control the flow of pre- public awareness and education about volvement in poppy cultivation cursor chemicals used in the production of the importance of health care coverage or illicit narcotics growth, pro- heroin, and to enhance and bolster the ca- is of the utmost priority and that a Na- duction, or trafficking. pacities of Afghan governmental authorities tional Importance of Health Care Cov- Sec. 302. Requirement to report by certain to control poppy cultivation and related ac- erage Month should be established to United States officials. tivities; Sec. 303. Report by the President. (4) to help achieve a broad-based, multi- promote that awareness and education. ethnic, gender-sensitive, and fully represent- S. CON. RES. 121 (c) DEFINITION.—In this Act, the term ‘‘Government of Afghanistan’’ includes— ative government in Afghanistan that is At the request of Mr. HUTCHINSON, (1) the government of any political subdivi- freely chosen by the people of Afghanistan the names of the Senator from Oregon sion of Afghanistan; and and that respects the human rights of all Af- (Mr. WYDEN), the Senator from Arkan- (2) any agency or instrumentality of the ghans, particularly women, including au- sas (Mrs. LINCOLN), the Senator from Government of Afghanistan. thorizing assistance for the rehabilitation Louisiana (Ms. LANDRIEU), and the Sen- and reconstruction of Afghanistan with a TITLE I—ECONOMIC AND DEMOCRATIC particular emphasis on meeting the edu- ator from Georgia (Mr. MILLER) were DEVELOPMENT ASSISTANCE FOR AF- cational, health, and sustenance needs of added as cosponsors of S. Con. Res. 121, GHANISTAN women and children to better enable their a concurrent resolution expressing the SEC. 101. DECLARATION OF POLICY. full participation in Afghan society; sense of Congress that there should be Congress makes the following declarations: (5) to support the Government of Afghani- established a National Health Center (1) The United States and the international stan in its development of the capacity to fa- Week for the week beginning on Au- community should support efforts that ad- cilitate, organize, develop, and implement gust 18, 2002, to raise awareness of vance the development of democratic civil projects and activities that meet the needs health services provided by commu- authorities and institutions in Afghanistan of the Afghan people; nity, migrant, public housing, and and the establishment of a new broad-based, (6) to foster the participation of civil soci- multi-ethnic, gender-sensitive, and fully rep- ety in the establishment of the new Afghan homeless health centers. resentative government in Afghanistan. government in order to achieve a broad- f (2) The United States, in particular, should based, multiethnic, gender-sensitive, fully STATEMENT ON INTRODUCED provide its expertise to meet immediate hu- representative government freely chosen by manitarian and refugee needs, fight the pro- the Afghan people, without prejudice to any BILLS AND JOINT RESOLUTIONS duction and flow of illicit narcotics, and aid decisions which may be freely taken by the By Mr. HAGEL: in the reconstruction of Afghanistan’s agri- Afghan people about the precise form in S. 2712. A bill to authorize economic culture, health care, civil service, financial, which their government is to be organized in and democratic development assistance and educational systems. the future; for Afghanistan and to authorize mili- (3) By promoting peace and security in Af- (7) to support the reconstruction of Af- tary assistance for Afghanistan and ghanistan and preventing a return to con- ghanistan through, among other things, pro- flict, the United States and the international grams that create jobs, facilitate clearance certain other foreign countries; to the community can help ensure that Afghani- of landmines, and rebuild the agriculture Committee on Foreign Relations. stan does not again become a source for sector, the health care system, and the edu- Mr. HAGEL. Mr. President, I ask international terrorism. cational system of Afghanistan; and unanimous consent that the text of the (4) The United States should support the (8) to include specific resources to the Min- bill be printed in the RECORD. objectives agreed to on December 5, 2001, in istry for Women’s Affairs of Afghanistan to

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6501 carry out its responsibilities for legal advo- security by screening refugees to ensure the (D) improvement in the quantity and qual- cacy, education, vocational training, and exclusion of armed combatants, members of ity of water available through, among other women’s health programs. foreign terrorist organizations, and other in- things, rehabilitation of existing irrigation SEC. 103. PRINCIPLES OF ASSISTANCE. dividuals not eligible for economic assist- systems and the development of local capac- The following principles should guide the ance from the United States; and ity to manage irrigation systems; provision of assistance authorized by this (D) assistance for voluntary refugee repa- (E) livestock rehabilitation through mar- title: triation and reintegration inside Afghani- ket development and other mechanisms to (1) TERRORISM AND NARCOTICS CONTROL.— stan and continued assistance to those refu- distribute stocks to replace those stocks lost Assistance should be designed to reduce the gees who are unable or unwilling to return, as a result of conflict or drought; likelihood of harm to United States and and humanitarian assistance to internally (F) mine awareness and demining programs other allied forces in Afghanistan and the re- displaced persons, including those persons and programs to assist mine victims, war or- gion, the likelihood of additional acts of who need assistance to return to their phans, and widows; international terrorism emanating from Af- homes, through the United Nations High (G) programs relating to infant and young ghanistan, and the cultivation, production, Commissioner for Refugees and other organi- child feeding, immunizations, vitamin A sup- trafficking, and use of illicit narcotics in Af- zations charged with providing such assist- plementation, and prevention and treatment ghanistan. ance. of diarrheal diseases and respiratory infec- (2) ROLE OF WOMEN.—Assistance should in- (3) COUNTERNARCOTICS EFFORTS.—(A) To as- tions; crease the participation of women at the na- sist in the eradication of poppy cultivation, (H) programs to improve maternal and the disruption of heroin production, and the tional, regional, and local levels in Afghani- child health and reduce maternal and child reduction of the overall supply and demand stan, wherever feasible, by enhancing the mortality; for illicit narcotics in Afghanistan and the role of women in decisionmaking processes, (I) programs to improve hygienic and sani- region, with particular emphasis on assist- as well as by providing support for programs tation practices and for the prevention and ance to— that aim to expand economic and edu- treatment of infectious diseases, such as tu- (i) eradicate opium poppy, establish crop cational opportunities and health programs berculosis and malaria; for women and educational and health pro- substitution programs, purchase nonopium products from farmers in opium-growing (J) programs to reconstitute the delivery grams for girls. areas, quick-impact public works programs of health care, including the reconstruction (3) AFGHAN OWNERSHIP.—Assistance should to divert labor from narcotics production, of health clinics or other basic health infra- build upon Afghan traditions and practices. develop projects directed specifically at nar- structure, with particular emphasis on The strong tradition of community responsi- cotics production, processing, or trafficking health care for children who are orphans; bility and self-reliance in Afghanistan areas to provide incentives to cooperation in (K) programs for housing, rebuilding urban should be built upon to increase the capacity narcotics suppression activities, and related infrastructure, and supporting basic urban of the Afghan people and institutions to par- programs; services; and ticipate in the reconstruction of Afghani- (ii) establish or provide assistance to one (L) disarmament, demobilization, and re- stan. or more entities within the Government of integration of armed combatants into soci- (4) STABILITY.—Assistance should encour- Afghanistan, including the Afghan State ety, particularly child soldiers. age the restoration of security in Afghani- High Commission for Drug Control, and to (5) REESTABLISHMENT OF AFGHANISTAN AS A stan, including, among other things, the dis- provide training and equipment for the enti- VIABLE NATION-STATE.—(A) To assist in the armament, demobilization, and reintegra- ties, to help enforce counternarcotics laws in development of the capacity of the Govern- tion of combatants, and the establishment of Afghanistan and limit illicit narcotics ment of Afghanistan to meet the needs of the the rule of law, including the establishment growth, production, and trafficking in Af- people of Afghanistan through, among other of a police force and an effective, inde- ghanistan; things, support for the development and ex- pendent judiciary. (iii) train and provide equipment for cus- pansion of democratic and market-based in- (5) COORDINATION.—Assistance should be toms, police, and other border control enti- stitutions, including assistance such as— part of a larger donor effort for Afghanistan. ties in Afghanistan and the region relating (i) support for international organizations The magnitude of the devastation—natural to illicit narcotics interdiction and relating that provide civil advisers to the Govern- and man-made—to institutions and infra- to precursor chemical controls and interdic- ment of Afghanistan; structure make it imperative that there be tion to help disrupt heroin production in Af- (ii) support for an educated citizenry close coordination and collaboration among ghanistan and the region; through improved access to basic education, donors. The United States should endeavor (iv) continue the annual opium crop survey with particular emphasis on basic education to assert its leadership to have the efforts of and strategic studies on opium crop planting for children who are orphans, with particular international donors help achieve the pur- and farming in Afghanistan; and emphasis on basic education for children; poses established by this title. (v) reduce demand for illicit narcotics (iii) programs to enable the Government of SEC. 104. AUTHORIZATION OF ASSISTANCE. among the people of Afghanistan, including Afghanistan to recruit and train teachers, (a) IN GENERAL.—The President is author- refugees returning to Afghanistan. with special focus on the recruitment and ized to provide assistance for Afghanistan for (B) For each of the fiscal years 2002 training of female teachers; the following activities: through 2005, $15,000,000 of the amount made (iv) programs to enable the Government of (1) URGENT HUMANITARIAN NEEDS.—To as- available to carry out this title is authorized Afghanistan to develop school curriculum sist in meeting the urgent humanitarian to be made available for a contribution to that incorporates relevant information such needs of the people of Afghanistan, including the United Nations Drug Control Program as landmine awareness, food security and ag- assistance such as— for the purpose of carrying out activities de- ricultural education, human rights aware- (A) emergency food, shelter, and medical scribed in clauses (i) through (v) of subpara- ness, and civic education; assistance; graph (A). Amounts made available under (v) support for the activities of the Govern- (B) clean drinking water and sanitation; the preceding sentence are in addition to ment of Afghanistan to draft a new constitu- (C) preventative health care, including amounts otherwise available for such pur- tion, other legal frameworks, and other ini- childhood vaccination, therapeutic feeding, poses. tiatives to promote the rule of law in Af- maternal child health services, and infec- (4) REESTABLISHMENT OF FOOD SECURITY, ghanistan; tious diseases surveillance and treatment; REHABILITATION OF THE AGRICULTURE SECTOR, (vi) support to increase the transparency, (D) family tracing and reunification serv- IMPROVEMENT IN HEALTH CONDITIONS, AND THE accountability, and participatory nature of ices; and RECONSTRUCTION OF BASIC INFRASTRUCTURE.— governmental institutions, including pro- (E) clearance of landmines. To assist in expanding access to markets in grams designed to combat corruption and (2) REPATRIATION AND RESETTLEMENT OF Afghanistan, to increase the availability of other programs for the promotion of good REFUGEES AND INTERNALLY DISPLACED PER- food in markets in Afghanistan, to rehabili- governance; SONS.—To assist refugees and internally dis- tate the agriculture sector in Afghanistan by (vii) support for an independent media; placed persons as they return to their home creating jobs for former combatants, return- (viii) programs that support the expanded communities in Afghanistan and to support ing refugees, and internally displaced per- participation of women and members of all their reintegration into those communities, sons, to improve health conditions, and as- ethnic groups in government at national, re- including assistance such as— sist in the rebuilding of basic infrastructure gional, and local levels; (A) assistance identified in paragraph (1); in Afghanistan, including assistance such (ix) programs to strengthen civil society (B) assistance to communities, including as— organizations that promote human rights those in neighboring countries, that have (A) rehabilitation of the agricultural infra- and support human rights monitoring; taken in large numbers of refugees in order structure, including irrigation systems and (x) support for national, regional, and local to rehabilitate or expand social, health, and rural roads; elections and political party development; educational services that may have suffered (B) extension of credit; (xi) support for the effective administra- as a result of the influx of large numbers of (C) provision of critical agricultural in- tion of justice at the national, regional, and refugees; puts, such as seeds, tools, and fertilizer, and local levels, including the establishment of a (C) assistance to international organiza- strengthening of seed multiplication, certifi- responsible and community-based police tions and host governments in maintaining cation, and distribution systems; force; and

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(xii) support for establishment of a central (b) RANK AND STATUS OF THE COORDI- (1) authorized to remain available until ex- bank and central budgeting authority. NATOR.—The coordinator designated under pended; and (B) For each of the fiscal years 2003 subsection (a) shall have the rank and status (2) in addition to funds otherwise available through 2005, not less than $10,000,000 of the of ambassador. for such purposes, including, with respect to amount made available to carry out this SEC. 106. ADMINISTRATIVE PROVISIONS. food assistance under section 104(a)(1), funds title should be made available for the pur- (a) APPLICABLE ADMINISTRATIVE AUTHORI- available under title II of the Agricultural poses of carrying out a traditional Afghan TIES.—Except to the extent inconsistent with Trade Development and Assistance Act of assembly or ‘‘Loya Jirga’’ and for support the provisions of this title, the administra- 1954, the Food for Progress Act of 1985, and for national, regional, and local elections tive authorities under chapters 1 and 2 of section 416(b) of the Agricultural Act of 1949. and political party development under sub- part III of the Foreign Assistance Act of 1961 TITLE II—MILITARY ASSISTANCE FOR AF- paragraph (A)(x). shall apply to the provision of assistance GHANISTAN AND CERTAIN OTHER FOR- (6) MARKET ECONOMY.—To support the es- under this title to the same extent and in EIGN COUNTRIES AND INTERNATIONAL tablishment of a market economy, the estab- the same manner as such authorities apply ORGANIZATIONS lishment of private financial institutions, to the provision of economic assistance SEC. 201. SUPPORT FOR SECURITY DURING the adoption of policies to promote foreign under part I of such Act. TRANSITION IN AFGHANISTAN. direct investment, the development of a (b) USE OF THE EXPERTISE OF AFGHAN- It is the sense of Congress that, during the basic telecommunication infrastructure, and AMERICANS.—In providing assistance author- transition to a broad-based, multi-ethnic, the development of trade and other commer- ized by this title, the President should— gender-sensitive, fully representative gov- cial links with countries in the region and (1) maximize the use, to the extent fea- ernment in Afghanistan, the United States with the United States, including policies sible, of the services of Afghan-Americans should support— to— who have expertise in the areas for which as- (1) the development of a civilian-controlled (A) encourage the return of Afghanistan sistance is authorized by this title; and and centrally-governed standing Afghanistan citizens or nationals living abroad who have (2) in the awarding of contracts and grants army that respects human rights and pro- marketable and business-related skills; to implement activities authorized under hibits the use of children as soldiers or com- (B) establish financial institutions, includ- this title, encourage the participation of batants; ing credit unions, cooperatives, and other en- such Afghan-Americans (including organiza- (2) the creation and training of a profes- tities providing microenterprise credits and tions employing a significant number of such sional civilian police force that respects other income-generation programs for the Afghan-Americans). human rights; and poor, with particular emphasis on women; (c) DONATIONS OF MANUFACTURING EQUIP- (3) a multinational security force in Af- (C) facilitate expanded trade with coun- MENT; USE OF LAND GRANT COLLEGES AND ghanistan. tries in the region; UNIVERSITIES.—In providing assistance au- SEC. 202. AUTHORIZATION OF ASSISTANCE. (D) promote and foster respect for basic thorized by this title, the President, to the (a) TYPES OF ASSISTANCE.— workers’ rights and protections against ex- maximum extent practicable, should— (1) IN GENERAL.—(A) To the extent that ploitation of child labor; and (1) encourage the donation of appropriate funds are appropriated in any fiscal year for (E) provide financing programs for the re- excess or obsolete manufacturing and related the purposes of this Act, the President may construction of Kabul and other major cities equipment by United States businesses (in- provide, consistent with existing United in Afghanistan. cluding small businesses) for the reconstruc- States statutes, defense articles, defense IMITATION.— (b) L tion of Afghanistan; and services, counter-narcotics, crime control (1) IN GENERAL.—Amounts made available (2) utilize research conducted by United and police training services, and other sup- to carry out this title (except amounts made States land grant colleges and universities port (including training) to the Government available for assistance under paragraphs (1) and the technical expertise of professionals of Afghanistan. through (3) and subparagraphs (F) through within those institutions, particularly in the (B) To the extent that funds are appro- (I) of paragraph (4) of subsection (a)) may be areas of agriculture and rural development. priated in any fiscal year for these purposes, provided only if the President first deter- (d) ADMINISTRATIVE EXPENSES.—Not more the President may provide, consistent with mines and certifies to Congress with respect than 5 percent of the amount made available existing United States statutes, defense arti- to the fiscal year involved that substantial to a Federal department or agency to carry cles, defense services, and other support (in- progress has been made toward adopting a out this title for a fiscal year may be used by cluding training) to eligible foreign coun- constitution and establishing a democrat- the department or agency for administrative tries and eligible international organiza- ically elected government for Afghanistan. expenses in connection with such assistance. tions. (2) WAIVER.— (e) MONITORING.— (C) The assistance authorized under sub- (A) IN GENERAL.—The President may waive (1) COMPTROLLER GENERAL.—The Comp- paragraph (B) shall be used for directly sup- the application of paragraph (1) if the Presi- troller General shall monitor the provision porting the activities described in section dent first determines and certifies to Con- of assistance under this title. 203. gress that it is important to the national in- (2) INSPECTOR GENERAL OF USAID.— (2) DRAWDOWN AUTHORITY.—The President terest of the United States to do so. (A) IN GENERAL.—The Inspector General of is authorized to direct the drawdown of de- ONTENTS OF CERTIFICATION.—A certifi- (B) C the United States Agency for International fense articles, defense services, and military cation transmitted to Congress under sub- Development shall conduct audits, inspec- education and training for the Government paragraph (A) shall include a written expla- tions, and other activities, as appropriate, of Afghanistan, eligible foreign countries, nation of the basis for the determination of associated with the expenditure of the funds and eligible international organizations. the President to waive the application of to carry out this title. (3) AUTHORITY TO ACQUIRE BY CONTRACT OR paragraph (1). (B) FUNDING.—Not more than $1,500,000 of OTHERWISE.—The assistance authorized under SEC. 105. COORDINATION OF ASSISTANCE. the amount made available to carry out this paragraphs (1) and (2) and under Public Law (a) IN GENERAL.—The President is strongly title for a fiscal year shall be made available 105–338 may include the supply of defense ar- urged to designate, within the Department of to carry out subparagraph (A). ticles, defense services, counter-narcotics, State, a coordinator who shall be responsible (f) CONGRESSIONAL NOTIFICATION PROCE- crime control and police training services, for— DURES.—Funds made available to carry out other support, and military education and (1) designing an overall strategy to ad- this title may not be obligated until 15 days training that are acquired by contract or vance United States interests in Afghani- after notification of the proposed obligation otherwise. stan; of the funds has been provided to the con- (b) AMOUNT OF ASSISTANCE.—The aggregate (2) ensuring program and policy coordina- gressional committees specified in section value (as defined in section 644(m) of the For- tion among agencies of the United States 634A of the Foreign Assistance Act of 1961 in eign Assistance Act of 1961) of assistance Government in carrying out the policies set accordance with the procedures applicable to provided under subsection (a)(2) may not ex- forth in this title; reprogramming notifications under that sec- ceed $300,000,000, provided that such limita- (3) pursuing coordination with other coun- tion. tion shall be increased by any amounts ap- tries and international organizations with SEC. 107. AUTHORIZATION OF APPROPRIATIONS. propriated pursuant to the authorization of respect to assistance to Afghanistan; (a) IN GENERAL.—There are authorized to appropriations in section 204(b)(1). (4) ensuring that United States assistance be appropriated to the President to carry out SEC. 203. ELIGIBLE FOREIGN COUNTRIES AND programs for Afghanistan are consistent this title $300,000,000 for each of the fiscal ELIGIBLE INTERNATIONAL ORGANI- with this title; years 2002 through 2004, and $250,000,000 for ZATIONS. (5) ensuring proper management, imple- fiscal year 2005. Amounts authorized to be (a) ELIGIBILITY FOR ASSISTANCE.— mentation, and oversight by agencies respon- appropriated pursuant to the preceding sen- (1) IN GENERAL.—Except as provided in sible for assistance programs for Afghani- tence for fiscal year 2002 are in addition to paragraph (2), a foreign country or inter- stan; and amounts otherwise available for assistance national organization shall be eligible to re- (6) resolving policy and program disputes for Afghanistan. ceive assistance under section 202 if such for- among United States Government agencies (b) AVAILABILITY.—Amounts appropriated eign country or international organization is with respect to United States assistance for pursuant to the authorization of appropria- participating in or directly supporting Afghanistan. tions under subsection (a) are— United States military activities authorized

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6503 under Public Law 107–40 or is participating government in Afghanistan, and also is es- meeting the immediate and long-term secu- in military, peacekeeping, or policing oper- sential for the participation of women in Af- rity needs of Afghanistan in order to pro- ations in Afghanistan aimed at restoring or ghan society. mote safe and effective delivery of humani- maintaining peace and security in that coun- (4) Incidents of violence between armed tarian and other assistance throughout Af- try. factions and local and regional commanders, ghanistan, further the rule of law and civil (2) EXCEPTION.—No country the govern- and serious abuses of human rights, includ- order, and support the formation of a func- ment of which has been determined by the ing attacks on women and ethnic minorities tioning, representative Afghan national gov- Secretary of State to have repeatedly pro- throughout Afghanistan, create an insecure, ernment. vided support for acts of international ter- volatile, and unsafe environment in parts of SEC. 207. SUNSET. rorism under section 620A of the Foreign As- Afghanistan, displacing thousands of Afghan The authority of this title shall expire sistance Act of 1961 (22 U.S.C. 2371), section civilians from their local communities. after December 31, 2004. 6(j)(1) of the Export Administration Act of (5) The violence and lawlessness may jeop- TITLE III—ADDITIONAL REQUIREMENTS 1979 (50 U.S.C. App. 2405(j)(1)), or section 40(d) ardize the ‘‘Loya Jirga’’ process, undermine WITH RESPECT TO ASSISTANCE FOR AF- of the Arms Export Control Act (22 U.S.C. efforts to build a strong central government, GHANISTAN severely impede reconstruction and the de- 2780(d)) shall be eligible to receive assistance SEC. 301. PROHIBITION ON UNITED STATES IN- under section 202. livery of humanitarian assistance, and in- VOLVEMENT IN POPPY CULTIVA- (b) WAIVER.—The President may waive the crease the likelihood that parts of Afghani- TION OR ILLICIT NARCOTICS application of subsection (a)(2) if the Presi- stan will once again become safe havens for GROWTH, PRODUCTION, OR TRAF- dent determines that it is important to the al-Qaida, Taliban forces, and drug traf- FICKING. national security interest of the United fickers. No officer or employee of any Federal de- States to do so. (6) The lack of security and lawlessness partment or agency who is involved in the provision of assistance under this Act may SEC. 204. REIMBURSEMENT FOR ASSISTANCE. may also perpetuate the need for United States Armed Forces in Afghanistan and knowingly encourage or participate in poppy (a) IN GENERAL.—Defense articles, defense cultivation or illicit narcotics growth, pro- services, and military education and training threaten the ability of the United States to duction, or trafficking in Afghanistan. No provided under section 202(a)(2) shall be meet its military objectives. United States military or civilian aircraft or made available without reimbursement to (7) The International Security Assistance Force in Afghanistan, currently led by Tur- other United States vehicle that is used with the Department of Defense except to the ex- respect to the provision of assistance under tent that funds are appropriated pursuant to key, and composed of forces from other willing countries without the participation of this Act may be used to facilitate the dis- the authorization of appropriations in sub- tribution of poppies or illicit narcotics in Af- section (b)(1). United States Armed Forces, is deployed only in Kabul and currently does not have ghanistan. (b) AUTHORIZATION OF APPROPRIATIONS.— the mandate or the capacity to provide secu- SEC. 302. REQUIREMENT TO REPORT BY CERTAIN (1) IN GENERAL.—There are authorized to be UNITED STATES OFFICIALS. appropriated to the President such sums as rity to other parts of Afghanistan. (8) Due to the ongoing military campaign (a) REQUIREMENT.—An officer or employee may be necessary to reimburse the applica- of any Federal department or agency in- ble appropriation, fund, or account for the in Afghanistan, the United States does not contribute troops to the International Secu- volved in the provision of assistance under value (as defined in section 644(m) of the For- this Act and having knowledge of facts or eign Assistance Act of 1961) of defense arti- rity Assistance Force but has provided support to other countries that are doing so. circumstances that reasonably indicate that cles, defense services, or military education any agency or instrumentality of the Gov- and training provided under section 202(a)(2). (9) The United States is providing political, financial, training, and other assistance to ernment of Afghanistan, or any other indi- (2) AVAILABILITY.—Amounts appropriated the Afghan Interim Authority as it begins to vidual (including an individual who exercises pursuant to the authorization of appropria- civil power by force over a limited region) or tions under paragraph (1) are authorized to build a national army and police force to help provide security throughout Afghani- organization in Afghanistan, that receives remain available until expended, and are in assistance under this Act is involved in addition to amounts otherwise available for stan, but this effort is not meeting the immediate security needs of Afghanistan. poppy cultivation or illicit narcotics growth, the purposes described in this title. production, or trafficking shall, notwith- (10) Because of these immediate security SEC. 205. ELIGIBLE FOREIGN COUNTRIES AND standing any memorandum of understanding needs, the Afghan Interim Authority, its ELIGIBLE INTERNATIONAL ORGANI- or other agreement to the contrary, report Chairman, Hamid Karzai, and many Afghan ZATIONS. such knowledge or facts to the appropriate regional leaders have called for the Inter- (a) AUTHORITY.—The President may pro- official. national Security Assistance Force, which vide assistance under this title to any eligi- (b) DEFINITION.—In this section, the term has successfully brought stability to Kabul, ble foreign country or eligible international ‘‘appropriate official’’ means the Attorney to be expanded and deployed throughout the organization if the President determines General, the Inspector General of the Fed- country, and this request has been strongly that such assistance is important to the na- eral department or agency involved, or the supported by a wide range of international tional security interest of the United States head of such department or agency. humanitarian organizations, including the and notifies the Committee on International SEC. 303. REPORT BY THE PRESIDENT. International Committee of the Red Cross, Relations of the House of Representatives Not later than 6 months after the date of Catholic Relief Services, and Refugees Inter- and the Committee on Foreign Relations of the enactment of this Act, and annually national. the Senate of such determination at least 15 thereafter, the President shall transmit to (11)(A) On January 29, 2002, the President days in advance of providing such assistance. Congress a written report on the progress of stated that ‘‘[w]e will help the new Afghan (b) NOTIFICATION.—The report described in the Government of Afghanistan toward the government provide the security that is the subsection (a) shall be submitted in classi- eradication of poppy cultivation, the disrup- foundation of peace’’. fied and unclassified form and shall include tion of heroin production, and the reduction (B) On March 25, 2002, the Secretary of De- information relating to the type and amount of the overall supply and demand for illicit fense stated, with respect to the reconstruc- of assistance proposed to be provided and the narcotics in Afghanistan in accordance with tion of Afghanistan, that ‘‘the first thing . . actions that the proposed recipient of such the provisions of this Act. assistance has taken or has committed to . you need for anything else to happen, for take. hospitals to happen, for roads to happen, for By Mr. LEAHY (for himself and refugees to come back, for people to be fed SEC. 206. PROMOTING SECURE DELIVERY OF HU- and humanitarian workers to move on the Mr. THOMPSON): MANITARIAN AND OTHER ASSIST- S. 2713. A bill to amend title 28, ANCE IN AFGHANISTAN. country . . . [y]ou’ve got to have security’’. (b) STATEMENT OF POLICY.—It should be the United States Code, to make certain (a) FINDINGS.—Congress finds the fol- policy of the United States to support meas- modifications in the judicial discipline lowing: ures to help meet the immediate security (1) The President has declared his view procedures, and for other purposes; to needs of Afghanistan in order to promote the Committee on the Judiciary. that the United States should provide sig- safe and effective delivery of humanitarian nificant assistance to Afghanistan so that it Mr. LEAHY. Mr. President, I rise and other assistance throughout Afghani- today to introduce the Judicial Im- never again becomes a haven for terrorism. stan, further the rule of law and civil order, (2) The delivery of humanitarian and re- and support the formation of a functioning, provements Act of 2002, a bipartisan construction assistance from the inter- representative Afghan national government. bill that will amend judicial discipline national community is necessary for the safe (c) PREPARATION OF STRATEGY.—Not later procedures to ensure fair consideration return of refugees and is critical to the fu- than 45 days after the date of the enactment of judicial misconduct complaints. I ture stability of Afghanistan. of this Act, and every six months thereafter, am pleased to have Senator THOMPSON (3) Enhanced stability in Afghanistan the President shall transmit to the Com- as a cosponsor of this legislation, and I through an improved security environment mittee on International Relations and the is critical to the fostering of the Afghan In- Committee on Appropriations of the House look forward to moving this bill terim Authority and the traditional Afghan of Representatives and the Committee on through the Senate. assembly or ‘‘Loya Jirga’’ process, which is Foreign Relations and the Committee on Ap- While I am introducing legislation intended to lead to a permanent national propriations of the Senate a strategy for addressing judicial misconduct, I want

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6504 CONGRESSIONAL RECORD — SENATE July 9, 2002 to be clear that the vast majority of amends, to ensure that Congress gives the courts and on the basis of information judges serve honorably. As chairman of the judiciary the powers it needs to available to the chief judge of the circuit, the Judiciary Committee, I take a spe- regulate itself while preserving its con- the chief judge may, by written order stating reasons therefor, identify a complaint for cial responsibility for evaluating nomi- stitutional role in the impeachment purposes of this chapter and thereby dis- nees to ensure they are fit to serve. De- process. The general scheme we estab- pense with filing of a written complaint. spite the scrutiny judicial nominees lished in 1980 has worked well, and has ‘‘(c) TRANSMITTAL OF COMPLAINT.—Upon re- undergo, however, we have faced situa- conformed with our constitutional ceipt of a complaint filed under subsection tions when judges have acted improp- principles. This bill simply seeks to (a), the clerk shall promptly transmit the erly. Some have even been convicted of improve that system where it has complaint to the chief judge of the circuit, criminal offenses. In the late 1980s, the shown to be lacking. To give one exam- or, if the conduct complained of is that of Senate convicted three Federal judges ple, experts in this area have suggested the chief judge, to that circuit judge in regular active service next senior in date of who were impeached by the House. that many litigants and interested par- commission (hereafter, for purposes of this This bill does not alter the Congress’ ties are unaware of the existence of chapter only, included in the term ‘chief responsibility to impeach and convict these procedures—to rectify that, we judge’). The clerk shall simultaneously judges where necessary, but it does re- create a separate chapter within title transmit a copy of the complaint to the fine the process—originally created by 28 of the U.S. Code to promote knowl- judge whose conduct is the subject of the Congress in the Judicial Councils Re- edge and use of these procedures. It complaint. The clerk shall also transmit a form and Judicial Conduct and Dis- also clarifies the authority of the chief copy of any complaint identified under sub- ability Act of 1980, by which aggrieved judge of a circuit and the standard by section (b) to the judge whose conduct is the subject of the complaint. citizens can bring complaints that can which a compliant can be dismissed as ‘‘(d) DEFINITIONS.—In this chapter— be evaluated through an impartial re- frivolous, and makes explicit that com- ‘‘(1) the term ‘judge’ means a circuit judge, view. plaints can be referred to a five-mem- district judge, bankruptcy judge, or mag- Under the framework codified by this ber panel for examination. istrate judge; and bill, a person with a complaint about a Highly similar legislation has al- ‘‘(2) the term ‘complainant’ means the per- judge’s conduct may file a written ready been reported from the House Ju- son filing a complaint under subsection (a) of complaint with the clerk of the court diciary Committee with strong bipar- this section. of appeals for the judge’s circuit. The tisan support. I hope that my col- ‘‘§ 352. Review of complaint by chief judge chief judge must review the complaint leagues in the Senate review and sup- ‘‘(a) EXPEDITIOUS REVIEW; LIMITED IN- and either dismiss it, if it meets cer- QUIRY.—The chief judge shall expeditiously port this bill, and that we can make it review any complaint received under section tain narrow criteria, or refer it to a law this year. 351(a) or identified under section 351(b). In panel of judges from the circuit. The I ask unanimous consent that the determining what action to take, the chief judge who is the subject of the com- text of this legislation be printed in judge may conduct a limited inquiry for the plaint retains the right to present evi- the RECORD. purpose of determining— dence and argue before the panel. The There being no objection, the bill was ‘‘(1) whether appropriate corrective action circuit council may certify the judge’s ordered to be printed in the RECORD, as has been or can be taken without the neces- misconduct of disability and request follows: sity for a formal investigation; and that the judge voluntarily retire, but ‘‘(2) whether the facts stated in the com- S. 2713 plaint are either plainly untrue or are in- may not order removal from office. A Be it enacted by the Senate and House of Rep- capable of being established through inves- complainant or judge aggrieved by an resentatives of the United States of America in tigation. action of a judicial council can petition Congress assembled, For this purpose, the chief judge may re- the Judicial Conference for review. And SECTION 1. SHORT TITLE. quest the judge whose conduct is complained if a complaint is dismissed, the judge This Act may be cited as the ‘‘Judicial Im- of to file a written response to the com- who was its subject may be reimbursed provements Act of 2002’’. plaint. Such response shall not be made for reasonable expenses, including at- SEC. 2. JUDICIAL DISCIPLINE PROCEDURES. available to the complainant unless author- torneys’ fees, incurred during the in- (a) IN GENERAL.—Part I of title 28, United ized by the judge filing the response. The vestigation. States Code, is amended by inserting after chief judge or his or her designee may also If a judicial council determines that chapter 15 the following new chapter: communicate orally or in writing with the complainant, the judge whose conduct is ‘‘CHAPTER 16—COMPLAINTS AGAINST an Article III judge has acted in a way complained of, and any other person who JUDGES AND JUDICIAL DISCIPLINE that might constitute grounds of im- may have knowledge of the matter, and may peachment, it must certify such deter- ‘‘Sec. review any transcripts or other relevant doc- mination to the Judicial Conference, ‘‘351. Complaints; judge defined. uments. The chief judge shall not undertake which can in turn refer that determina- ‘‘352. Review of complaint by chief judge. to make findings of fact about any matter ‘‘353. Special committees. tion to the House of Representatives. that is reasonably in dispute. ‘‘354. Action by judicial council. ‘‘(b) ACTION BY CHIEF JUDGE FOLLOWING RE- With very limited exceptions, all ‘‘355. Action by Judicial Conference. matters related to judicial misconduct VIEW.—After expeditiously reviewing a com- ‘‘356. Subpoena power. plaint under subsection (a), the chief judge, investigations must be confidential and ‘‘357. Review of orders and actions. by written order stating his or her reasons, not disclosed by any person in any pro- ‘‘358. Rules. may— ceeding. This provision protects judges ‘‘359. Restrictions. ‘‘(1) dismiss the complaint— who are accused falsely of wrongdoing ‘‘360. Disclosure of information. ‘‘(A) if the chief judge finds the complaint while also ensuring confidentiality for ‘‘361. Reimbursement of expenses. to be— ‘‘362. Other provisions and rules not affected. ‘‘(i) not in conformity with section 351(a); those with legitimate complaints. ‘‘363. Court of Federal Claims, Court of Inter- The bill also forbids judges who have ‘‘(ii) directly related to the merits of a de- national Trade, Court of Ap- cision or procedural ruling; or been convicted of a State or Federal peals for the Federal Circuit. felony and have exhausted all available ‘‘(iii) frivolous, lacking sufficient evidence ‘‘364. Effect of felony conviction. to raise an inference that misconduct has oc- means for direct review of that convic- ‘‘§ 351. Complaints; judge defined curred, or containing allegations which are tion from hearing or deciding cases or ‘‘(a) FILING OF COMPLAINT BY ANY PER- incapable of being established through inves- accruing credit toward retirement ben- SON.—Any person alleging that a judge has tigation; or efits, unless the judicial council of the engaged in conduct prejudicial to the effec- ‘‘(B) when a limited inquiry conducted circuit determines otherwise. This tive and expeditious administration of the under subsection (a) demonstrates that the measure, like many of the measures in business of the courts, or alleging that such allegations in the complaint lack any fac- this legislation, was recommended in judge is unable to discharge all the duties of tual foundation or are conclusively refuted 1993 by the nonpartisan National Com- office by reason of mental or physical dis- by objective evidence; or ‘‘(2) conclude the proceeding if the chief mission on Judicial Discipline and Re- ability, may file with the clerk of the court of appeals for the circuit a written complaint judge finds that appropriate corrective ac- moval. containing a brief statement of the facts tion has been taken or that action on the Some may question whether this bill constituting such conduct. complaint is no longer necessary because of raises separation of powers concerns. It ‘‘(b) IDENTIFYING COMPLAINT BY CHIEF intervening events. does not. This bill is narrowly tailored, JUDGE.—In the interests of the effective and The chief judge shall transmit copies of the as was the 1980 law that this bill expeditious administration of the business of written order to the complainant and to the

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6505 judge whose conduct is the subject of the ‘‘(i) certifying disability of the judge pur- of proceedings in the House of Representa- complaint. suant to the procedures and standards pro- tives, the Clerk of the House of Representa- ‘‘(c) REVIEW OF ORDERS OF CHIEF JUDGE.— vided under section 372(b); and tives shall make available to the public the A complainant or judge aggrieved by a final ‘‘(ii) requesting that the judge voluntarily determination and any reasons for the deter- order of the chief judge under this section retire, with the provision that the length of mination. may petition the judicial council of the cir- service requirements under section 371 of ‘‘(2) IN CASE OF FELONY CONVICTION.—If a cuit for review thereof. The denial of a peti- this title shall not apply. judge has been convicted of a felony under tion for review of the chief judge’s order ‘‘(C) FOR MAGISTRATE JUDGES.—If the con- State or Federal law and has exhausted all shall be final and conclusive and shall not be duct of a magistrate judge is the subject of means of obtaining direct review of the con- judicially reviewable on appeal or otherwise. the complaint, action by the judicial council viction, or the time for seeking further di- ‘‘(d) REFERRAL OF PETITIONS FOR REVIEW TO under paragraph (1)(C) may include directing rect review of the conviction has passed and PANELS OF THE JUDICIAL COUNCIL.—Each ju- the chief judge of the district of the mag- no such review has been sought, the Judicial dicial council may, pursuant to rules pre- istrate judge to take such action as the judi- Conference may, by majority vote and with- scribed under section 358, refer a petition for cial council considers appropriate. out referral or certification under section review filed under subsection (c) to a panel ‘‘(3) LIMITATIONS ON JUDICIAL COUNCIL RE- 354(b), transmit to the House of Representa- of no fewer than 5 members of the council, at GARDING REMOVALS.— tives a determination that consideration of least 2 of whom shall be district judges. ‘‘(A) ARTICLE III JUDGES.—Under no cir- impeachment may be warranted, together ‘‘§ 353. Special committees cumstances may the judicial council order with appropriate court records, for whatever ‘‘(a) APPOINTMENT.—If the chief judge does removal from office of any judge appointed action the House of Representatives con- not enter an order under section 352(b), the to hold office during good behavior. siders to be necessary. chief judge shall promptly— ‘‘(B) MAGISTRATE AND BANKRUPTCY ‘‘§ 356. Subpoena power ‘‘(1) appoint himself or herself and equal JUDGES.—Any removal of a magistrate judge ‘‘(a) JUDICIAL COUNCILS AND SPECIAL COM- numbers of circuit and district judges of the under this subsection shall be in accordance MITTEES.—In conducting any investigation circuit to a special committee to investigate with section 631 and any removal of a bank- under this chapter, the judicial council, or a the facts and allegations contained in the ruptcy judge shall be in accordance with sec- special committee appointed under section complaint; tion 152. 353, shall have full subpoena powers as pro- ‘‘(2) certify the complaint and any other ‘‘(4) NOTICE OF ACTION TO JUDGE.—The judi- vided in section 332(d). documents pertaining thereto to each mem- cial council shall immediately provide writ- ‘‘(b) JUDICIAL CONFERENCE AND STANDING ber of such committee; and ten notice to the complainant and to the COMMITTEES.—In conducting any investiga- ‘‘(3) provide written notice to the com- judge whose conduct is the subject of the tion under this chapter, the Judicial Con- plainant and the judge whose conduct is the complaint of the action taken under this ference, or a standing committee appointed subject of the complaint of the action taken subsection. by the Chief Justice under section 331, shall under this subsection. ‘‘(b) REFERRAL TO JUDICIAL CONFERENCE.— have full subpoena powers as provided in ‘‘(b) CHANGE IN STATUS OR DEATH OF ‘‘(1) IN GENERAL.—In addition to the au- that section. JUDGES.—A judge appointed to a special thority granted under subsection (a), the ju- ‘‘§ 357. Review of orders and actions committee under subsection (a) may con- dicial council may, in its discretion, refer ‘‘(a) REVIEW OF ACTION OF JUDICIAL COUN- tinue to serve on that committee after be- any complaint under section 351, together CIL.—A complainant or judge aggrieved by an coming a senior judge or, in the case of the with the record of any associated pro- action of the judicial council under section chief judge of the circuit, after his or her ceedings and its recommendations for appro- 354 may petition the Judicial Conference of term as chief judge terminates under sub- priate action, to the Judicial Conference of the United States for review thereof. section (a)(3) or (c) of section 45. If a judge the United States. ‘‘(b) ACTION OF JUDICIAL CONFERENCE.—The appointed to a committee under subsection ‘‘(2) SPECIAL CIRCUMSTANCES.—In any case Judicial Conference, or the standing com- (a) dies, or retires from office under section in which the judicial council determines, on mittee established under section 331, may 371(a), while serving on the committee, the the basis of a complaint and an investigation grant a petition filed by a complainant or chief judge of the circuit may appoint an- judge under subsection (a). other circuit or district judge, as the case under this chapter, or on the basis of information otherwise available to the judicial ‘‘(c) NO JUDICIAL REVIEW.—Except as ex- may be, to the committee. pressly provided in this section and section ‘‘(c) INVESTIGATION BY SPECIAL COM- council, that a judge appointed to hold office during good behavior may have engaged in 352(c), all orders and determinations, includ- MITTEE.—Each committee appointed under ing denials of petitions for review, shall be subsection (a) shall conduct an investigation conduct— ‘‘(A) which might constitute one or more final and conclusive and shall not be judi- as extensive as it considers necessary, and cially reviewable on appeal or otherwise. shall expeditiously file a comprehensive grounds for impeachment under article II of written report thereon with the judicial the Constitution, or ‘‘§ 358. Rules council of the circuit. Such report shall ‘‘(B) which, in the interest of justice, is not ‘‘(a) IN GENERAL.—Each judicial council present both the findings of the investiga- amenable to resolution by the judicial coun- and the Judicial Conference may prescribe tion and the committee’s recommendations cil, such rules for the conduct of proceedings for necessary and appropriate action by the the judicial council shall promptly certify under this chapter, including the processing judicial council of the circuit. such determination, together with any com- of petitions for review, as each considers to be appropriate. ‘‘§ 354. Action by judicial council plaint and a record of any associated pro- ‘‘(b) REQUIRED PROVISIONS.—Rules pre- ‘‘(a) ACTIONS UPON RECEIPT OF REPORT.— ceedings, to the Judicial Conference of the scribed under subsection (a) shall contain ‘‘(1) ACTIONS.—The judicial council of a cir- United States. provisions requiring that— cuit, upon receipt of a report filed under sec- ‘‘(3) NOTICE TO COMPLAINANT AND JUDGE.—A ‘‘(1) adequate prior notice of any investigation 353(c)— judicial council acting under authority of tion be given in writing to the judge whose ‘‘(A) may conduct any additional inves- this subsection shall, unless contrary to the conduct is the subject of a complaint under tigation which it considers to be necessary; interests of justice, immediately submit this chapter; ‘‘(B) may dismiss the complaint; and written notice to the complainant and to the ‘‘(2) the judge whose conduct is the subject ‘‘(C) if the complaint is not dismissed, judge whose conduct is the subject of the ac- of a complaint under this chapter be afforded shall take such action as is appropriate to tion taken under this subsection. an opportunity to appear (in person or by assure the effective and expeditious adminis- ‘‘§ 355. Action by Judicial Conference counsel) at proceedings conducted by the in- tration of the business of the courts within ‘‘(a) IN GENERAL.—Upon referral or certifi- vestigating panel, to present oral and docu- the circuit. cation of any matter under section 354(b), mentary evidence, to compel the attendance ‘‘(2) DESCRIPTION OF POSSIBLE ACTIONS IF the Judicial Conference, after consideration of witnesses or the production of documents, COMPLAINT NOT DISMISSED.— of the prior proceedings and such additional to cross-examine witnesses, and to present ‘‘(A) IN GENERAL.—Action by the judicial investigation as it considers appropriate, argument orally or in writing; and council under paragraph (1)(C) may include— shall by majority vote take such action, as ‘‘(3) the complainant be afforded an oppor- ‘‘(i) ordering that, on a temporary basis for described in section 354(a)(1)(C) and (2), as it tunity to appear at proceedings conducted by a time certain, no further cases be assigned considers appropriate. the investigating panel, if the panel con- to the judge whose conduct is the subject of ‘‘(b) IF IMPEACHMENT WARRANTED.— cludes that the complainant could offer sub- a complaint; ‘‘(1) IN GENERAL.—If the Judicial Con- stantial information. ‘‘(ii) censuring or reprimanding such judge ference concurs in the determination of the ‘‘(c) PROCEDURES.—Any rule prescribed by means of private communication; and judicial council, or makes its own deter- under this section shall be made or amended ‘‘(iii) censuring or reprimanding such judge mination, that consideration of impeach- only after giving appropriate public notice by means of public announcement. ment may be warranted, it shall so certify and an opportunity for comment. Any such ‘‘(B) FOR ARTICLE III JUDGES.—If the con- and transmit the determination and the rule shall be a matter of public record, and duct of a judge appointed to hold office dur- record of proceedings to the House of Rep- any such rule promulgated by a judicial ing good behavior is the subject of the com- resentatives for whatever action the House council may be modified by the Judicial Con- plaint, action by the judicial council under of Representatives considers to be necessary. ference. No rule promulgated under this sec- paragraph (1)(C) may include— Upon receipt of the determination and record tion may limit the period of time within

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6506 CONGRESSIONAL RECORD — SENATE July 9, 2002 which a person may file a complaint under and the Court of Appeals for the Federal Cir- (1) in paragraph (1)— this chapter. cuit shall each prescribe rules, consistent (A) by striking ‘‘section 372(c)’’ and insert- ‘‘§ 359. Restrictions with the provisions of this chapter, estab- ing ‘‘chapter 16’’; and lishing procedures for the filing of com- (B) by striking ‘‘such section’’ and insert- ‘‘(a) RESTRICTION ON INDIVIDUALS WHO ARE plaints with respect to the conduct of any ing ‘‘such chapter’’; SUBJECT OF INVESTIGATION.—No judge whose judge of such court and for the investigation (2) in paragraph (2)— conduct is the subject of an investigation and resolution of such complaints. In inves- (A) in the first sentence, by striking ‘‘para- under this chapter shall serve upon a special tigating and taking action with respect to graphs (7) through (15) of section 372(c)’’ and committee appointed under section 353, upon any such complaint, each such court shall inserting ‘‘sections 354(b) through 360’’; and a judicial council, upon the Judicial Con- have the powers granted to a judicial council (B) in the second sentence, by striking ference, or upon the standing committee es- under this chapter. ‘‘paragraph (7) or (8) of section 372(c)’’ and tablished under section 331, until all pro- inserting ‘‘section 354(b) or 355’’; and ceedings under this chapter relating to such ‘‘§ 364. Effect of felony conviction (3) in paragraph (3)(B), by striking investigation have been finally terminated. ‘‘In the case of any judge or judge of a ‘‘372(c)(16)’’ and inserting ‘‘361’’. ‘‘(b) AMICUS CURIAE.—No person shall be court referred to in section 363 who is con- granted the right to intervene or to appear victed of a felony under State or Federal law SEC. 4. SEVERABILITY. as amicus curiae in any proceeding before a and has exhausted all means of obtaining di- If any provision of this Act, an amendment judicial council or the Judicial Conference rect review of the conviction, or the time for made by this Act, or the application of such under this chapter. seeking further direct review of the convic- provision or amendment to any person or tion has passed and no such review has been circumstance is held to be unconstitutional, ‘‘§ 360. Disclosure of information sought, the following shall apply: the remainder of this Act, the amendments ‘‘(a) CONFIDENTIALITY OF PROCEEDINGS.— ‘‘(1) The judge shall not hear or decide made by this Act, and the application of the Except as provided in section 355, all papers, cases unless the judicial council of the cir- provisions of such to any person or cir- documents, and records of proceedings re- cuit (or, in the case of a judge of a court re- cumstance shall not be affected thereby. lated to investigations conducted under this ferred to in section 363, that court) deter- chapter shall be confidential and shall not be mines otherwise. f disclosed by any person in any proceeding ‘‘(2) Any service as such judge or judge of STATEMENTS ON SUBMITTED except to the extent that— a court referred to in section 363, after the RESOLUTIONS ‘‘(1) the judicial council of the circuit in its conviction is final and all time for filing ap- discretion releases a copy of a report of a peals thereof has expired, shall not be in- special committee under section 353(c) to the cluded for purposes of determining years of complainant whose complaint initiated the service under section 371(c), 377, or 178 of this SENATE RESOLUTION 300—ENCOUR- investigation by that special committee and title or creditable service under subchapter AGING THE PEACE PROCESS IN to the judge whose conduct is the subject of III of chapter 83, or chapter 84, of title 5.’’. SRI LANKA the complaint; (b) CONFORMING AMENDMENT.—The table of ‘‘(2) the judicial council of the circuit, the chapters for part I of title 28, United States Mr. LUGAR submitted the following Judicial Conference of the United States, or Code, is amended by inserting after the item resolution; which was referred to the the Senate or the House of Representatives relating to chapter 15 the following new Committee on Foreign Relations: by resolution, releases any such material item: S. RES. 300 which is believed necessary to an impeach- ‘‘16. Complaints against judges and Whereas the United States has enjoyed a ment investigation or trial of a judge under judicial discipline ...... 351’’. long and cordial friendship with Sri Lanka; article I of the Constitution; or SEC. 3. TECHNICAL AMENDMENTS. Whereas the people of Sri Lanka have long ‘‘(3) such disclosure is authorized in writ- (a) RETIREMENT FOR DISABILITY.—(1) Sec- valued political pluralism, religious freedom, ing by the judge who is the subject of the tion 372 of title 28, United States Code, is democracy, and a respect for human rights; complaint and by the chief judge of the cir- amended— Whereas the Government of Sri Lanka and cuit, the Chief Justice, or the chairman of (A) in the section caption by striking ‘‘; ju- the Liberation Tigers of Tamil Eelam have the standing committee established under dicial discipline’’; and waged a protracted and costly war for the section 331. (B) by striking subsection (c). past 19 years; ‘‘(b) PUBLIC AVAILABILITY OF WRITTEN OR- (2) The item relating to section 372 in the Whereas an estimated 65,000 people have DERS.—Each written order to implement any table of sections for chapter 17 of title 28, died in Sri Lanka as a result of these hos- action under section 354(a)(1)(C), which is United States Code, is amended by striking tilities; issued by a judicial council, the Judicial ‘‘; judicial discipline’’. Whereas the war has created an estimated Conference, or the standing committee es- (b) JUDICIAL CONFERENCE.—Section 331 of 1,000,000 displaced persons over the course of title 28, United States Code, is amended in tablished under section 331, shall be made the conflict; the fourth undesignated paragraph by strik- available to the public through the appro- Whereas 19 years of war have crippled the ing ‘‘section 372(c)’’ each place it appears and priate clerk’s office of the court of appeals economy of the north and east of Sri Lanka inserting ‘‘chapter 16’’. for the circuit. Unless contrary to the inter- and resulted in low growth rates and eco- (c) JUDICIAL COUNCILS.—Section 332 of title ests of justice, each such order shall be ac- nomic instability in the south of Sri Lanka; companied by written reasons therefor. 28, United States Code, is amended— (1) in subsection (d)(2)— Whereas the economic impact of the con- ‘‘§ 361. Reimbursement of expenses (A) by striking ‘‘section 372(c) of this title’’ flict is felt most severely by the poor in both ‘‘Upon the request of a judge whose con- and inserting ‘‘chapter 16 of this title’’; and the north and the south of Sri Lanka; duct is the subject of a complaint under this (B) by striking ‘‘372(c)(4)’’ and inserting Whereas efforts to solve the conflict chapter, the judicial council may, if the ‘‘353’’; and through military means have failed and nei- complaint has been finally dismissed under (2) by striking the second subsection des- ther side appears able to impose its will on section 354(a)(1)(B), recommend that the Di- ignated as subsection (h). the other by force of arms; rector of the Administrative Office of the (d) RECALL OF BANKRUPTCY JUDGES AND Whereas the Government of Norway has of- United States Courts award reimbursement, MAGISTRATE JUDGES.—Section 375(d) of title fered and been accepted by the parties of the from funds appropriated to the Federal judi- 28, United States Code, is amended by strik- conflict to play the role of international ciary, for those reasonable expenses, including ‘‘section 372(c)’’ and inserting ‘‘chapter facilitator; ing attorneys’ fees, incurred by that judge 16’’. Whereas an agreement on a cease–fire be- during the investigation which would not (e) DIRECTOR OF THE ADMINISTRATIVE OF- tween the Government of Sri Lanka and the have been incurred but for the requirements FICE OF THE UNITED STATES COURTS.—Section Liberation Tigers of Tamil Eelam was signed of this chapter. 604 of title 28, United States Code, is amend- by both parties and went into effect Feb- ‘‘§ 362. Other provisions and rules not af- ed— ruary 23, 2002; and fected (1) in subsection (a)(20)— Whereas both the Government of Sri Lanka and the Liberation Tigers of Tamil ‘‘Except as expressly provided in this chap- (A) in subparagraph (B), by striking Eelam have agreed to meet for peace talks in ter, nothing in this chapter shall be con- ‘‘372(c)(11)’’ and inserting ‘‘358’’; and Thailand: Now, therefore, be it strued to affect any other provision of this (B) in subparagraph (C), by striking Resolved, That the Senate— title, the Federal Rules of Civil Procedure, ‘‘372(c)(15)’’ and inserting ‘‘360(b)’’; and (1) notes with great satisfaction the warm the Federal Rules of Criminal Procedure, the (2) in subsection (h)— and friendly relations that have existed be- Federal Rules of Appellate Procedure, or the (A) in paragraph (1), by striking ‘‘section tween the people of the United States and Federal Rules of Evidence. 372’’ each place it appears and inserting ‘‘chapter 16’’; and Sri Lanka; ‘‘§ 363. Court of Federal Claims, Court of (B) in paragraph (2), by striking ‘‘section (2) recognizes that the costly military International Trade, Court of Appeals for 372(c)’’ and inserting ‘‘chapter 16’’. stalemate that has existed between the Gov- the Federal Circuit (f) COURT OF APPEALS FOR VETERANS ernment of Sri Lanka and the Liberation Ti- ‘‘The United States Court of Federal CLAIMS.—Section 7253(g) of title 38, United gers of Tamil Eelam can only be resolved at Claims, the Court of International Trade, States Code, is amended— the negotiating table;

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6507 (3) believes that a political solution, in- timated sixty-five thousand people Whereas upon completion of the Central cluding appropriate constitutional struc- have been killed and one million have Military Tract Railroad, the Northern Cross tures and adequate protection of minority been displaced by the fighting. The na- Railroad joined the Central Military Tract rights and cessation of violence, is the path tion once referred to as the ‘‘pearl upon Railroad at Galesburg; to a comprehensive and lasting peace in Sri Whereas in 1886 Galesburg secured the Lanka; the brow of India’’ has become known Atchison, Topeka and Santa Fe Railway and (4) calls on all parties to negotiate in good as the ‘‘fallen tear.’’ became one of the few places in the world faith with a view to finding a just and last- The situation is not without hope. served by 2 major railroads; ing political settlement to Sri Lanka’s eth- The people of Sri Lanka demand peace Whereas the National Railroad Hall of nic conflict while respecting the territorial and with the assistance of Norway, the Fame, Inc., has been established in Gales- integrity of Sri Lanka; sides have once again returned to the burg and chartered under the laws of the (5) denounces all political violence and negotiating table. Past failures shed State of Illinois as a not-for-profit corpora- acts of terrorism in Sri Lanka, and calls some light on the difficult path that tion; upon those who espouse or use such methods lies ahead and the tremendous work Whereas the objectives of the National to reject these methods and to embrace dia- that lies before Norwegian mediators. Railroad Hall of Fame, Inc., include (1) per- logue, democratic norms, and the peaceful petuating the memory of leaders and resolution of disputes; Norway’s offer to mediate talks was ac- innovators in the railroad industry, (2) fos- (6) applauds the important role played by cepted in 1999. By keeping the negotia- tering, promoting, and encouraging a better Norway in facilitating the peace process be- tions secret, Norway has gained the understanding of the origins and growth of tween the Government of Sri Lanka and the cautious trust and respect of both railroads, especially in the United States, Liberation Tigers of Tamil Eelam; sides. The fighting has ceased, and ne- and (3) establishing and maintaining a li- (7) applauds the cooperation of the Govern- gotiations are planned to begin in brary and collection of documents, reports ment of Sri Lanka and the Liberation Tigers Thailand in the near future. and other items of value to contribute to the of Tamil Eelam in lifting the cumbersome One of my constituents, the Reverend education of all persons interested in rail- travel restrictions that for the last 19 years Paul Jahn, and the Indiana-Kentucky roading; and have hampered the movement of goods, serv- Conference have placed a critical role Whereas the National Railroad Hall of ices, and people in the war-affected areas; Fame, Inc., is planning to erect a monument (8) applauds the agreement of the Govern- in bringing peace to Sri Land. Rev- known as the National Railroad Hall of ment of Sri Lanka and the Liberation Tigers erend Jahn and the conference have Fame to honor the men and women who ac- of Tamil Eelam in implementing the Sri dedicated a significant amount of time tively participated in the founding and de- Lanka Monitoring Mission; and effort to this important effort. velopment of the railroad industry in the (9) calls on all parties to recognize that ad- They have raised significant amounts United States: Now, therefore, be it herence to internationally recognized human of funding for various relief efforts in Resolved, That the Senate supports the Na- rights facilitates the building of trust nec- Sri Lanka and continue to make valu- tional Railroad Hall of Fame, Inc., of Gales- burg, Illinois, in its endeavor to erect a essary for an equitable, sustainable peace; able contributions to the peace process. (10) further encourages both parties to de- monument known as the National Railroad velop a comprehensive and effective process I want to thank Reverend Jahn, a min- Hall of Fame. for human rights monitoring; ister at St. Peter and Trinity United Mr. DURBIN. Mr. President, I rise (11) states its willingness in principle to Church of Christ in Lamar, IN, and the today to submit a resolution with my see the United States lend its good offices to Conference for suggesting the impor- colleague, Senator PETER FITZGERALD, play a constructive role in supporting the tant role this resolution could play in in support of the establishment of the peace process, if so desired by all parties to expressing American support for the National Railroad Hall of Fame in the conflict; peace process. (12) calls on members of the international Galesburg, IL. I urge the Congress, through this res- The State of Illinois has played a pio- community to use their good offices to sup- olution, to express its support for these port the peace process and, as appropriate, neering role in the growth of the rail- lend assistance to the reconstruction of war- efforts and to encourage both sides to road industry. The history of Illinois damaged areas of Sri Lanka and to reconcili- resolve their differences as expedi- railroading dates back to 1837 with the ation among all parties to the conflict; and tiously as possible. The United States creation of the Northern Cross Rail- (13) calls on members of the international finds itself at a time when our inter- road linking the Illinois and Mis- community to ensure that any assistance to national responsibilities are great, and sissippi Rivers. The city of Galesburg Sri Lanka will be framed in the context of yet it remains essential that we con- supporting the ongoing peace process and joined Chicago by rail seventeen years tinue to support the realization of later in 1854. The Carl Sandburg Col- will avoid exacerbating existing ethnic ten- peace and democracy wherever it ex- sions. lege of Galesburg is today the home of ists. To do this, I urge my colleagues to Mr. LUGAR. Mr. President, I rise the first accredited railroad degree pro- adopt this resolution, and show our gram. today to submit a resolution encour- support for Norwegian mediators as aging the ongoing peace process in Sri So it is only natural that the Na- they endeavor to make it possible for tional Railroad Hall of Fame would be Lanka. It was recently announced that Sri Lanka to enjoy the virtues that Norway has agreed to mediate a new established in Galesburg. This pri- have made our nation, and so many na- round of peace talks. The peace process vately-funded museum will highlight tions around the world, just and free. brings hope that a continued commit- the efforts of men and women whose ment to democracy and human rights f hard work and resourcefulness helped might be realized through lasting SENATE RESOLUTION 301—SUP- build one of the nation’s best modes of peace. PORTING THE NATIONAL RAIL- transportation. It will also help pro- The roots of the current crisis began ROAD HALL OF FAME, INC. OF mote and encourage a better under- in the early 1800’s when Sri Lanka fell GALESBURG, ILLINOIS, IN ITS standing of the origins and growth of subject to British colonial rule. Indian ENDEAVOR TO ERECT A MONU- the railroad industry. The vision of the Tamil laborers were brought to Sri MENT KNOWN AS THE NATIONAL National Railroad Hall of Fame will Lanka to develop and maintain numer- RAILROAD HALL OF FAME span more than two centuries, from the dawn of the American railroad, ous plantations. This practice doubled Mr. DURBIN (for himself and Mr. the number of Tamils in Sri Lanka and through the Golden Age of railroading, FITZGERALD) submitted the following further diversified the population. In and up through the modern era, in resolution; which was referred to the 1948, Sri Lanka gained its independence which railroads remain a critical as- Committee on Commerce, Science, and from Britain and rose above bitter pect of the transportation industry. Transportation: communal and religious issues and es- The museum will also be a center of S. RES. 301 tablished a democratize government. learning and debate, as well as a li- Regrettably, issues of language and Whereas Galesburg, Illinois, has been brary of historical materials. alleged government bias propelled this linked to the history of railroading since 1849 Fourteen members of the House of when the Peoria and Oquawka Railroad was Representatives have brought forward once peaceful nation into brutal civil organized; war. The Liberation Tigers of Tamil Whereas the citizens of Galesburg sup- an identical measure in that chamber. Eelam became the leading rebel group ported a railroad to Chicago which was char- Approval by the Senate will be an im- in the struggle against the govern- tered as the Central Military Tract Railroad portant step toward the erection of ment. Over the last two decades, an es- in 1851; this monument. I urge the Senate to

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6508 CONGRESSIONAL RECORD — SENATE July 9, 2002 adopt this resolution in a timely fash- objectivity and independence of securities makes a false entry in any record, document, ion so that we can properly honor the analysts, to improve Securities and Ex- or tangible object with the intent to impede, railroad industry and its many pio- change Commission resources and oversight, obstruct, or influence the investigation or neers. and for other purposes. proper administration of any matter within SA 4175. Mr. GRAMM (for Mr. MCCONNELL) the jurisdiction of any department or agency f proposed an amendment to amendment SA of the United States or any case filed under 4174 proposed by Mr. DASCHLE (for Mr. LEAHY title 11, or in relation to or contemplation of SENATE RESOLUTION 302—HON- (for himself, Mr. MCCAIN, Mr. DASCHLE, Mr. any such matter or case, shall be fined under ORING TED WILLIAMS AND EX- DURBIN, Mr. HARKIN, Mr. CLELAND, Mr. this title, imprisoned not more than 10 TENDING THE CONDOLENCES OF LEVIN, Mr. KENNEDY, Mr. BIDEN, Mr. FEIN- years, or both. THE SENATE ON HIS DEATH GOLD, Mr. MILLER, Mr. EDWARDS, Mrs. ‘‘§ 1520. Destruction of corporate audit BOXER, Mr. CORZINE, Mr. KERRY, Mr. SCHU- Mr. KERRY (for himself and Mr. records MER, Mr. BROWNBACK, and Mr. NELSON of ‘‘(a)(1) Any accountant who conducts an KENNEDY) submitted the following res- Florida)) to the bill (S. 2673) supra. audit of an issuer of securities to which sec- olution; which was considered and SA 4176. Mr. MILLER proposed an amend- tion 10A(a) of the Securities Exchange Act of agreed to: ment to the bill S. 2673, supra. 1934 (15 U.S.C. 78j–1(a)) applies, shall main- S. RES. 302 SA 4177. Mr. GRASSLEY submitted an tain all audit or review workpapers for a pe- Whereas Theodore Samuel Williams served amendment intended to be proposed by him riod of 5 years from the end of the fiscal pe- the Nation with honor and distinction as a to the bill S. 2673, supra; which was ordered riod in which the audit or review was con- Naval Aviator during World War II and as a to lie on the table. cluded. Marine fighter pilot during the Korean War; SA 4178. Mr. GRASSLEY submitted an ‘‘(2) The Securities and Exchange Commis- Whereas Ted Williams, during his service amendment intended to be proposed by him sion shall promulgate, within 180 days, after adequate notice and an opportunity for com- in the Marines during the Korean War, flew to the bill S. 2673, supra; which was ordered ment, such rules and regulations, as are rea- on 39 combat missions and earned an Air to lie on the table. sonably necessary, relating to the retention Medal and 2 Gold Stars; SA 4179. Mr. GRASSLEY submitted an of relevant records such as workpapers, doc- Whereas Ted Williams became the greatest amendment intended to be proposed by him uments that form the basis of an audit or re- hitter in baseball history while playing with to the bill S. 2673, supra; which was ordered view, memoranda, correspondence, commu- the Boston Red Sox from 1939-1960; to lie on the table. nications, other documents, and records (in- Whereas Ted Williams, during his career SA 4180. Mr. GRASSLEY submitted an cluding electronic records) which are cre- with the Boston Red Sox, even after losing 5 amendment intended to be proposed by him ated, sent, or received in connection with an years to military service, had 2654 total hits, to the bill S. 2673, supra; which was ordered to lie on the table. audit or review and contain conclusions, 521 home runs, and a lifetime batting aver- opinions, analyses, or financial data relating age of .344; SA 4181. Mr. GRASSLEY submitted an amendment intended to be proposed by him to such an audit or review, which is con- Whereas as a member of the Boston Red ducted by any accountant who conducts an Sox, Ted Williams hit for an average of .406 to the bill S. 2673, supra; which was ordered to lie on the table. audit of an issuer of securities to which sec- in 1941 and was the last major league base- tion 10A(a) of the Securities Exchange Act of ball player to hit for an average above .400; f 1934 (15 U.S.C. 78j–1(a)) applies. Whereas as a member of the Boston Red ‘‘(b) Whoever knowingly and willfully vio- Sox, Ted Williams led the American League TEXT OF AMENDMENTS lates subsection (a)(1), or any rule or regula- in batting 6 times, in slugging percentage 9 SA 4174. Mr. DASCHLE (for Mr. tion promulgated by the Securities and Ex- times, in total bases 6 times, and in runs LEAHY (for himself, Mr. MCCAIN, Mr. change Commission under subsection (a)(2), scored 6 times; DASCHLE, Mr. DURBIN, Mr. HARKIN, Mr. shall be fined under this title, imprisoned Whereas as a member of the Boston Red not more than 5 years, or both. Sox, Ted Williams won 2 Triple Crowns, was CLELAND, Mr. LEVIN, Mr. KENNEDY, Mr. ‘‘(c) Nothing in this section shall be twice named the Most Valuable Player of the BIDEN, Mr. FEINGOLD, Mr. MILLER, Mr. deemed to diminish or relieve any person of American League, and was chosen as an EDWARDS, Mrs. BOXER, Mr. CORZINE, any other duty or obligation, imposed by American League All-Star 16 times; Mr. KERRY, Mr. SCHUMER, Mr. BROWN- Federal or State law or regulation, to main- Whereas Ted Williams was elected to the BACK, and Mr. NELSON of Florida)) pro- tain, or refrain from destroying, any docu- Baseball Hall of Fame in 1966; and posed an amendment to the bill S. 2673, ment.’’. Whereas Ted Williams provided invaluable to improve quality and transparency in (b) CLERICAL AMENDMENT.—The table of assistance to the Commonwealth of Massa- sections at the beginning of chapter 73 of chusetts through his efforts on behalf of and financial reporting and independent title 18, United States Code, is amended by in support for the Jimmy Fund in order to audits and accounting services for pub- adding at the end the following new items: help eradicate cancer in children: Now, lic companies, to create a Public Com- ‘‘1519. Destruction, alteration, or falsifica- therefore, be it pany Accounting Oversight Board, to tion of records in Federal inves- Resolved, That the Senate— enhance the standard setting process tigations and bankruptcy. (1) honors the achievements of Ted Wil- for accounting practices, to strengthen ‘‘1520. Destruction of corporate audit liams; the independence of firms that audit records.’’. (2) expresses its deepest sympathies and public companies, to increase cor- SEC. 803. DEBTS NONDISCHARGEABLE IF IN- condolences to the family of Ted Williams on CURRED IN VIOLATION OF SECURI- his passing; and porate responsibility and the useful- TIES FRAUD LAWS. (3) directs the Secretary of the Senate to ness of corporate financial disclosure Section 523(a) of title 11, United States transmit an enrolled copy of this resolution to protect the objectivity and inde- Code, is amended— to the family of Ted Williams. pendence of securities analysts, to im- (1) in paragraph (17), by striking ‘‘or’’ after the semicolon; f prove Securities and Exchange Com- mission resources and oversight, and (2) in paragraph (18), by striking the period AMENDMENTS SUBMITTED AND for other purposes: at the end and inserting ‘‘; or’’; and PROPOSED (3) by adding at the end, the following: On page 117, after line 12, add the fol- ‘‘(19) that— SA 4174. Mr. DASCHLE (for Mr. LEAHY (for lowing: ‘‘(A) arises under a claim relating to— himself, Mr. MCCAIN, Mr. DASCHLE, Mr. DUR- TITLE VIII—CORPORATE AND CRIMINAL ‘‘(i) the violation of any of the Federal se- BIN, Mr. HARKIN, Mr. CLELAND, Mr. LEVIN, FRAUD ACCOUNTABILITY curities laws (as that term is defined in sec- Mr. KENNEDY, Mr. BIDEN, Mr. FEINGOLD, Mr. SEC. 801. SHORT TITLE. tion 3(a)(47) of the Securities Exchange Act MILLER, Mr. EDWARDS, Mrs. BOXER, Mr. This title may be cited as the ‘‘Corporate of 1934 (15 U.S.C. 78c(a)(47)), any State securi- CORZINE, Mr. KERRY, Mr. SCHUMER, Mr. and Criminal Fraud Accountability Act of ties laws, or any regulations or orders issued BROWNBACK, and Mr. NELSON, of Florida)) 2002’’. under such Federal or State securities laws; proposed an amendment to the bill S. 2673, to or improve quality and transparency in finan- SEC. 802. CRIMINAL PENALTIES FOR ALTERING ‘‘(ii) common law fraud, deceit, or manipu- DOCUMENTS. cial reporting and independent audits and ac- lation in connection with the purchase or (a) IN GENERAL.—Chapter 73 of title 18, counting services for public companies, to sale of any security; and United States Code, is amended by adding at create a Public Company Accounting Over- ‘‘(B) results, in relation to any claim de- the end the following: sight Board, to enhance the standard setting scribed in subparagraph (A), from— process for accounting practices, to ‘‘§ 1519. Destruction, alteration, or falsifica- ‘‘(i) any judgment, order, consent order, or strengthen the independence of firms that tion of records in Federal investigations decree entered in any Federal or State judi- audit public companies, to increase cor- and bankruptcy cial or administrative proceeding; porate responsibility and the usefulness of ‘‘Whoever knowingly alters, destroys, mu- ‘‘(ii) any settlement agreement entered corporate financial disclosure, to protect the tilates, conceals, covers up, falsifies, or into by the debtor; or

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6509 ‘‘(iii) any court or administrative order for SEC. 806. PROTECTION FOR EMPLOYEES OF PUB- entitled to all relief necessary to make the any damages, fine, penalty, citation, LICLY TRADED COMPANIES WHO employee whole. PROVIDE EVIDENCE OF FRAUD. restitutionary payment, disgorgement pay- ‘‘(2) COMPENSATORY DAMAGES.—Relief for ment, attorney fee, cost, or other payment (a) IN GENERAL.—Chapter 73 of title 18, any action under paragraph (1) shall in- owed by the debtor.’’. United States Code, is amended by inserting clude— after section 1514 the following: SEC. 804. STATUTE OF LIMITATIONS FOR SECURI- ‘‘(A) reinstatement with the same senior- TIES FRAUD. ‘‘§ 1514A. Civil action to protect against retal- ity status that the employee would have had, iation in fraud cases (a) IN GENERAL.—Section 1658 of title 28, but for the discrimination; United States Code, is amended— ‘‘(a) WHISTLEBLOWER PROTECTION FOR EM- ‘‘(B) the amount of back pay, with inter- (1) by inserting ‘‘(a)’’ before ‘‘Except’’; and PLOYEES OF PUBLICLY TRADED COMPANIES.— est; and (2) by adding at the end the following: No company with a class of securities reg- ‘‘(C) compensation for any special damages istered under section 12 of the Securities Ex- ‘‘(b) Notwithstanding subsection (a), a pri- sustained as a result of the discrimination, change Act of 1934 (15 U.S.C. 78l), or that is vate right of action that involves a claim of including litigation costs, expert witness required to file reports under section 15(d) of fraud, deceit, manipulation, or contrivance fees, and reasonable attorney fees. the Securities Exchange Act of 1934 (15 in contravention of a regulatory requirement ‘‘(d) RIGHTS RETAINED BY EMPLOYEE.— U.S.C. 78o(d)), or any officer, employee, con- Nothing in this section shall be deemed to concerning the securities laws, as defined in tractor, subcontractor, or agent of such com- section 3(a)(47) of the Securities Exchange diminish the rights, privileges, or remedies pany, may discharge, demote, suspend, of any employee under any Federal or State Act of 1934 (15 U.S.C. 78c(a)(47)), may be threaten, harass, or in any other manner dis- law, or under any collective bargaining brought not later than the earlier of— criminate against an employee in the terms agreement.’’. ‘‘(1) 5 years after the date on which the al- and conditions of employment because of LERICAL AMENDMENT.—The table of leged violation occurred; or any lawful act done by the employee— (b) C ‘‘(2) 2 years after the date on which the al- ‘‘(1) to provide information, cause informa- sections at the beginning of chapter 73 of leged violation was discovered.’’. tion to be provided, or otherwise assist in an title 18, United States Code, is amended by (b) EFFECTIVE DATE.—The limitations pe- investigation regarding any conduct which inserting after the item relating to section riod provided by section 1658(b) of title 28, the employee reasonably believes constitutes 1514 the following new item: United States Code, as added by this section, a violation of section 1341, 1343, 1344, or 1348, ‘‘1514A. Civil action to protect against retal- shall apply to all proceedings addressed by any rule or regulation of the Securities and iation in fraud cases.’’. this section that are commenced on or after Exchange Commission, or any provision of SEC. 807. CRIMINAL PENALTIES FOR DEFRAUD- the date of enactment of this Act. Federal law relating to fraud against share- ING SHAREHOLDERS OF PUBLICLY (c) NO CREATION OF ACTIONS.—Nothing in holders, when the information or assistance TRADED COMPANIES. this section shall create a new, private right is provided to or the investigation is con- (a) IN GENERAL.—Chapter 63 of title 18, of action. ducted by— United States Code, is amended by adding at SEC. 805. REVIEW OF FEDERAL SENTENCING ‘‘(A) a Federal regulatory or law enforce- the end the following: GUIDELINES FOR OBSTRUCTION OF ment agency; ‘‘§ 1348. Securities fraud JUSTICE AND EXTENSIVE CRIMINAL ‘‘(B) any Member of Congress or any com- FRAUD. mittee of Congress; or ‘‘Whoever knowingly executes, or attempts Pursuant to section 994 of title 28, United ‘‘(C) a person with supervisory authority to execute, a scheme or artifice— States Code, and in accordance with this sec- over the employee (or such other person ‘‘(1) to defraud any person in connection tion, the United States Sentencing Commis- working for the employer who has the au- with any security of an issuer with a class of sion shall review and amend, as appropriate, thority to investigate, discover, or terminate securities registered under section 12 of the the Federal Sentencing Guidelines and re- misconduct); or Securities Exchange Act of 1934 (15 U.S.C. lated policy statements to ensure that— ‘‘(2) to file, cause to be filed, testify, par- 78l) or that is required to file reports under (1) the base offense level and existing en- ticipate in, or otherwise assist in a pro- section 15(d) of the Securities Exchange Act hancements contained in United States Sen- ceeding filed or about to be filed (with any of 1934 (15 U.S.C. 78o(d)); or tencing Guideline 2J1.2 relating to obstruc- knowledge of the employer) relating to an ‘‘(2) to obtain, by means of false or fraudu- tion of justice are sufficient to deter and alleged violation of section 1341, 1343, 1344, or lent pretenses, representations, or promises, punish that activity; 1348, any rule or regulation of the Securities any money or property in connection with (2) the enhancements and specific offense and Exchange Commission, or any provision the purchase or sale of any security of an characteristics relating to obstruction of of Federal law relating to fraud against issuer with a class of securities registered justice are adequate in cases where— shareholders. under section 12 of the Securities Exchange (A) documents and other physical evidence ‘‘(b) ENFORCEMENT ACTION.— Act of 1934 (15 U.S.C. 78l) or that is required are actually destroyed, altered, or fab- ‘‘(1) IN GENERAL.—A person who alleges dis- to file reports under section 15(d) of the Se- ricated; charge or other discrimination by any person curities Exchange Act of 1934 (15 U.S.C. (B) the destruction, alteration, or fabrica- in violation of subsection (a) may seek relief 78o(d)); tion of evidence involves— under subsection (c), by— shall be fined under this title, or imprisoned (i) a large amount of evidence, a large ‘‘(A) filing a complaint with the Secretary not more than 10 years, or both.’’. number of participants, or is otherwise ex- of Labor; or (b) CLERICAL AMENDMENT.—The table of tensive; ‘‘(B) if the Secretary has not issued a final sections at the beginning of chapter 63 of (ii) the selection of evidence that is par- decision within 180 days of the filing of the title 18, United States Code, is amended by ticularly probative or essential to the inves- complaint and there is no showing that such adding at the end the following new item: tigation; or delay is due to the bad faith of the claimant, ‘‘1348. Securities fraud.’’. (iii) more than minimal planning; or bringing an action at law or equity for de (C) the offense involved abuse of a special novo review in the appropriate district court SA 4175. Mr. GRAMM (for Mr. skill or a position of trust; of the United States, which shall have juris- MCCONNELL) proposed an amendment (3) the guideline offense levels and en- diction over such an action without regard to amendment SA 4174 proposed by Mr. hancements for violations of section 1519 or to the amount in controversy. 1520 of title 18, United States Code, as added ‘‘(2) PROCEDURE.— DASCHLE (for Mr. LEAHY (for himself, by this title, are sufficient to deter and pun- ‘‘(A) IN GENERAL.—An action under para- Mr. MCCAIN, Mr. DASCHLE, Mr. DURBIN, ish that activity; graph (1)(A) shall be governed under the Mr. HARKIN, Mr. CLELAND, Mr. LEVIN, (4) the guideline offense levels and en- rules and procedures set forth in section Mr. KENNEDY, Mr. BIDEN, Mr. FEIN- hancements under United States Sentencing 42121(b) of title 49, United States Code. GOLD, Mr. MILLER, Mr. EDWARDS, Mrs. Guideline 2B1.1 (as in effect on the date of ‘‘(B) EXCEPTION.—Notification made under BOXER, Mr. CORZINE, Mr. KERRY, Mr. enactment of this Act) are sufficient for a section 42121(b)(1) of title 49, United States SCHUMER, Mr. BROWNBACK, and Mr. fraud offense when the number of victims ad- Code, shall be made to the person named in NELSON of Florida)) to the bill (S. 2673) versely involved is significantly greater than the complaint and to the employer. 50; ‘‘(C) BURDENS OF PROOF.—An action to improve quality and transparency in (5) a specific offense characteristic enhanc- brought under paragraph (1)(B) shall be gov- financial reporting and independent ing sentencing is provided under United erned by the legal burdens of proof set forth audits and accounting services for pub- States Sentencing Guideline 2B1.1 (as in ef- in section 42121(b) of title 49, United States lic companies, to create a Public Com- fect on the date of enactment of this Act) for Code. pany Accounting Oversight Board, to a fraud offense that endangers the solvency ‘‘(D) STATUTE OF LIMITATIONS.—An action enhance the standard setting process or financial security of a substantial number under paragraph (1) shall be commenced not for accounting practices, to strengthen of victims; and later than 90 days after the date on which the independence of firms that audit (6) the guidelines that apply to organiza- the violation occurs. tions in United States Sentencing Guide- ‘‘(c) REMEDIES.— public companies, to increase cor- lines, chapter 8, are sufficient to deter and ‘‘(1) IN GENERAL.—An employee prevailing porate responsibility and the useful- punish organizational criminal misconduct. in any action under subsection (b)(1) shall be ness of corporate financial disclosure,

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6510 CONGRESSIONAL RECORD — SENATE July 9, 2002 to protect the objectivity and inde- provided under subsection (b) and section Accounting Oversight Board, to en- pendence of securities analysts, to im- 208, regarding reporting procedures and re- hance the standard setting process for prove Securities and Exchange Com- view of information required under this sec- accounting practices, to strengthen the mission resources and oversight, and tion.’’. independence of firms that audit public for other purposes: (2) REMEDIES AND PENALTIES FOR VIOLA- TIONS OF REPORTING REQUIREMENTS.—Section companies, to increase corporate re- At the end of the amendment add the fol- 210 of the Labor-Management Reporting and sponsibility and the usefulness of cor- lowing: Disclosure Act of 1959 (29 U.S.C. 440) is porate financial disclosure, to protect SEC. 302. CORPORATE AND LABOR ORGANIZA- amended— the objectivity and independence of se- TION RESPONSIBILITY FOR FINAN- (A) by striking ‘‘Whenever’’ and inserting CIAL REPORTS AND DISCLOSURE curities analysts, to improve Securities REQUIREMENTS. ‘‘(a) Whenever’’; and and Exchange Commission resources (a) FINANCIAL REPORTS.— (B) by adding at the end the following: and oversight, and for other purposes; ‘‘(b)(1) If the Secretary finds, on the record (1) CERTIFICATION OF REPORTS.— as follows: (A) CERTIFICATION OF PERIODIC REPORTS.— after notice and opportunity for hearing, At the end add the following new title: Each periodic report containing financial that any person has willfully violated any statements filed by an issuer with the Com- provision of section 201(d), the Secretary TITLE VIII—CORPORATE TAX RETURNS mission pursuant to section 13(a) or 15(d) of may impose a civil monetary penalty in an SEC. 801. SIGNING OF CORPORATE TAX RETURNS the Securities Exchange Act of 1934 (15 amount not to exceed the amount for any BY CHIEF EXECUTIVE OFFICER. U.S.C. 78m(a) or 78o(d)) shall be accompanied comparable violation under section 21B(b) of (a) IN GENERAL.—Section 6062 of the Inter- by a written statement by the chief execu- the Securities Exchange Act of 1934 (15 nal Revenue Code of 1986 (relating to signing tive officer and chief financial officer (or the U.S.C. 78u-2). of corporation returns) is amended by strik- equivalent thereof) of the issuer. ‘‘(2) In the case of a violation of an auditing the first sentence and inserting the fol- (B) CERTIFICATION OF FINANCIAL REPORTS BY ing requirement under section 201(d)(2) by a lowing new sentence: ‘‘The return of a cor- LABOR ORGANIZATIONS.— public accountant, the Secretary may im- poration with respect to income shall be (i) IN GENERAL.—Each financial report filed pose a civil monetary penalty in the same signed by the chief executive officer of such by a labor organization with the Secretary of manner as penalties are imposed under sec- corporation.’’. Labor pursuant to section 201(b) of the tion 10A(d) of the Securities Exchange Act of (b) EFFECTIVE DATE.—The amendment Labor-Management Reporting and Disclo- 1934 (15 U.S.C. 78j-1(d)). made by this section shall apply to returns sure Act of 1959 (29 U.S.C. 431(b)) shall be ac- ‘‘(3) For purposes of any action brought by filed after the date of the enactment of this companied by a written statement by the the Secretary under paragraph (1), any per- Act. son who knowingly provides substantial as- president and secretary-treasurer (or the SA 4177. Mr. GRASSLEY submitted equivalent thereof) of the labor organization. sistance to another person in violation of a provision of section 201(d), or of any rule or an amendment intended to be proposed (ii) DEFINITION.—In this subparagraph, the term ‘‘labor organization’’ has the meaning regulation issued under such section (includ- by him to the bill S. 2673, to improve given the term in section 3 of the Labor- ing aiding, abetting, counseling, com- quality and transparency in financial Management Reporting and Disclosure Act manding, or inducing such violation) shall be reporting and independent audits and of 1959 (29 U.S.C. 402). deemed to be in violation of such provision accounting services for public compa- to the same extent as the person to whom (2) CONTENT.—The statement required by nies, to create a Public Company Ac- paragraph (1) shall certify the appropriate- such assistance is provided. ‘‘(c)(1) Any person who makes or causes to counting Oversight Board, to enhance ness of the financial statements and disclo- the standard setting process for ac- sures contained in the periodic report or fi- be made any statement in any report or doc- nancial report, and that those financial ument required to be filed under section counting practices, to strengthen the statements and disclosures fairly present, in 201(d) which statement was at the time, and independence of firms that audit public all material respects, the operations and fi- in the light of the circumstances under companies, to increase corporate re- nancial condition of the issuer or labor orga- which it was made, false or misleading with sponsibility and the usefulness of cor- nization. respect to any material fact, shall be liable porate financial disclosure, to protect to any person (not knowing that such state- (3) CONFORMING AMENDMENT.—Section the objectivity and independence of se- 201(b) of the Labor-Management Reporting ment was false or misleading) who relied upon such statement. A person seeking to curities analysts, to improve Securities and Disclosure Act of 1959 is amended, in the and Exchange Commission resources matter preceding paragraph (1), by inserting enforce such liability may sue at law or in ‘‘(and accompanied by the statement de- equity in any court of competent jurisdic- and oversight, and for other purposes; scribed in section 302(a)(1)(B) of the Public tion. as follows: ‘‘(2) In any such suit the court may, in its Company Accounting Reform and Investor At the appropriate place, insert the fol- discretion, require an undertaking for the Protection Act of 2002)’’ after ‘‘officers’’. lowing: payment of the costs of such suit, and assess (b) REPORTING REQUIREMENTS.— SEC. ll. PROTECTION FOR EMPLOYEES OF PUB- reasonable costs, including reasonable attor- (1) FINANCIAL REPORTING FOR LABOR ORGANI- LICLY TRADED COMPANIES WHO neys’ fees, against either party litigant. ZATIONS EQUIVALENT TO REQUIRED REPORTING PROVIDE EVIDENCE OF FRAUD. ‘‘(3) The recovery and statute of limitation OF PUBLIC COMPANIES.—Section 201 of the (a) IN GENERAL.—Chapter 73 of title 18, Labor-Management Reporting and Disclo- provisions of subsections (b) and (c) of sec- United States Code, is amended by inserting sure Act of 1959 (29 U.S.C. 431) is amended by tion 18 of the Securities Exchange Act of 1934 after section 1514 the following: adding at the end the following: (15 U.S.C. 78r) shall apply for purposes of any ‘‘§ 1514A. Civil action to protect against retal- ‘‘(d)(1) In the case of a labor organization action under this subsection. iation in fraud cases with gross annual receipts for the fiscal year ‘‘(d) In any action arising under subsection (c) or (d) or in connection with any provision ‘‘(a) WHISTLEBLOWER PROTECTION FOR EM- in an amount equal to $200,000 or more, the PLOYEES OF PUBLICLY TRADED COMPANIES.— information required under this section shall of section 201(d), the provisions of section 27(c) of the Securities Act of 1933 (15 U.S.C. No company with a class of securities reg- be reported using financial reporting proce- istered under section 12 of the Securities Ex- dures comparable to procedures required for 77z-1(c)) regarding abusive litigation shall apply.’’. change Act of 1934 (15 U.S.C. 78l), or that is periodic and annual reports of public compa- required to file reports under section 15(d) of nies pursuant to sections 12(g), 13, and 15 of (3) REGULATIONS.—Not later than 1 year after the date of enactment of this Act, the the Securities Exchange Act of 1934 (15 the Securities and Exchange Act of 1934 (15 U.S.C. 78o(d)), or any officer, employee, con- U.S.C. 78 (g), 78m, and 78 ). Secretary of Labor, shall promulgate such l o tractor, subcontractor, or agent of such com- ‘‘(2)(A) Such information shall be reviewed regulations as the Secretary determines nec- pany, may discharge, demote, suspend, by a certified public accountant using gen- essary to carry out the provisions and pur- erally accepted auditing standards applica- poses of this subsection (including the threaten, harass, or in any other manner dis- ble to reporting companies under the Securi- amendments made by this subsection) and to criminate against an employee in the terms ties and Exchange Act of 1934. ensure the provisions of this subsection are and conditions of employment because of ‘‘(B) Such audit shall be conducted subject carried out in a manner comparable to the any lawful act done by the employee— to requirements comparable to the require- manner any similar provisions are carried ‘‘(1) to provide information, cause informa- ments under section 10A of the Securities out by the Securities and Exchange Commis- tion to be provided, or otherwise assist in an Exchange Act of 1934 (15 U.S.C. 78j–1). sion. investigation regarding any conduct which ‘‘(3) Such information shall be reported the employee reasonably believes constitutes using generally accepted accounting proce- SA 4176. Mr. MILLER proposed an a violation of section 1341, 1343, 1344, or 1348, dures comparable to the procedures required amendment to the bill S. 2673, to im- any rule or regulation of the Securities and Exchange Commission, or any provision of for public companies under sections 12(g), 13, prove quality and transparency in fi- and 15 of the Securities and Exchange Act of Federal law relating to fraud against share- 1934 (15 U.S.C. 78l(g), 78m, and 78o). nancial reporting and independent au- holders, when the information or assistance ‘‘(4) The authority provided under this sub- dits and accounting services for public is provided to or the investigation is con- section shall be in addition to the authority companies, to create a Public Company ducted by—

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6511 ‘‘(A) a Federal regulatory or law enforce- reporting and independent audits and following the end of the term of employment ment agency; accounting services for public compa- of the Chief Accountant in effect on the date ‘‘(B) any Member of Congress or any com- nies, to create a Public Company Ac- of enactment of this Act, the Chief Account- mittee of Congress; or counting Oversight Board, to enhance ant shall be appointed by the President, with ‘‘(C) a person with supervisory authority the advice and consent of the Senate, and over the employee (or such other person the standard setting process for ac- may be removed at will by the President. working for the employer who has the au- counting practices, to strengthen the The Chief Accountant shall be appointed to a thority to investigate, discover, or terminate independence of firms that audit public 5-year term, and may not serve for more misconduct); or companies, to increase corporate re- than 2 terms. ‘‘(2) to file, cause to be filed, testify, par- sponsibility and the usefulness of cor- (c) PURPOSE, FUNCTIONS, AND DUTIES.—The ticipate in, or otherwise assist in a pro- porate financial disclosure, to protect Division of Oversight Audits shall be respon- ceeding filed or about to be filed (with any the objectivity and independence of se- sible for— knowledge of the employer) relating to an curities analysts, to improve Securities (1) reviewing and conducting oversight au- alleged violation of section 1341, 1343, 1344, or and Exchange Commission resources dits of the financial statements of issuers; 1348, any rule or regulation of the Securities and and Exchange Commission, or any provision and oversight, and for other purposes; (2) using its resources effectively to focus of Federal law relating to fraud against which was ordered to lie on the table; on highest risk audit areas and to target shareholders. as follows: questionable audit practices of which the Di- ‘‘(b) ENFORCEMENT ACTION.— At the appropriate place, insert the fol- vision of Oversight Audits is aware from ‘‘(1) IN GENERAL.—A person who alleges dis- lowing: communications with the Division of En- charge or other discrimination by any person SEC. ll. INVESTIGATION AND PROSECUTION OF forcement of the Commission and the Board. in violation of subsection (a) may seek relief OFFENSES. (d) REPORTS.—On an annual basis, the Divi- under subsection (c), by— Section 21(d) of the Securities Exchange sion of Oversight Audits shall report its find- ‘‘(A) filing a complaint with the Secretary Act of 1934 (15 U.S.C. 78u(d)) is amended by ings and make recommendations for change of Labor; or adding at the end the following: to— ‘‘(B) if the Secretary has not issued a final ‘‘(5) EQUITABLE RELIEF.—In any action (1) the Commission; decision within 180 days of the filing of the brought by the Commission under any provi- (2) the Board; and complaint and there is no showing that such sion of the securities laws against any per- (3) the Comptroller General of the United delay is due to the bad faith of the claimant, son, the Commission may seek, and Federal States. bringing an action at law or equity for de courts may grant, any equitable relief appro- (e) REFERRALS.— novo review in the appropriate district court priate or necessary for the benefit of inves- (1) IN GENERAL.—The Division of Oversight of the United States, which shall have juris- tors. Audits shall refer findings of accounting or diction over such an action without regard ‘‘(6) DISGORGEMENT OF BENEFITS.—In any auditing irregularity to— to the amount in controversy. action or proceeding brought or instituted (A) the Division of Enforcement of the ‘‘(2) PROCEDURE.— by the Commission under the securities laws Commission for further investigation of the ‘‘(A) IN GENERAL.—An action under para- against any person for engaging in, causing, issuer or the public accounting firm, as ap- graph (1)(A) shall be governed under the or aiding and abetting any violation of the propriate; and rules and procedures set forth in section securities laws or the rules and regulations (B) the Board for further investigation of 42121(b) of title 49, United States Code. prescribed under those laws, such person, in the public accounting firm, as appropriate. ‘‘(B) EXCEPTION.—Notification made under addition to being subject to any other appro- (2) OTHER REFERRALS.—If appropriate, the section 42121(b)(1) of title 49, United States priate order, may be required to disgorge any Division of Oversight Audits may refer find- Code, shall be made to the person named in or all benefits received from any source in ings of accounting or auditing irregularity the complaint and to the employer. connection with the conduct constituting, to— ‘‘(C) BURDENS OF PROOF.—An action causing, or aiding and abetting the violation, (A) any other Federal functional regulator brought under paragraph (1)(B) shall be gov- including salary, commissions, fees, bonuses, (as defined in section 509 of the Gramm- erned by the legal burdens of proof set forth options, profits from securities transactions, Leach-Bliley Act (15 U.S.C. 6809)), in the case in section 42121(b) of title 49, United States and losses avoided through securities trans- of an audit report for an institution that is Code. actions.’’. subject to the jurisdiction of such regulator; ‘‘(D) STATUTE OF LIMITATIONS.—An action (B) the Attorney General of the United under paragraph (1) shall be commenced not SA 4179. Mr. GRASSLEY submitted States; later than 90 days after the date on which an amendment intended to be proposed (C) the attorneys general of 1 or more the violation occurs. by him to the bill S. 2673, to improve States; or ‘‘(c) REMEDIES.— quality and transparency in financial (D) the appropriate State regulatory au- ‘‘(1) IN GENERAL.—An employee prevailing reporting and independent audits and thority. in any action under subsection (b)(1) shall be (f) FUNDING.— entitled to all relief necessary to make the accounting services for public compa- (1) IN GENERAL.—The Division of Oversight employee whole. nies, to create a Public Company Ac- counting Oversight Board, to enhance Audits shall be funded exclusively as pro- ‘‘(2) COMPENSATORY DAMAGES.—Relief for vided in this subsection. any action under paragraph (1) shall in- the standard setting process for ac- (2) ANNUAL BUDGETS.—The Division of clude— counting practices, to strengthen the Oversight Audits shall establish a budget for ‘‘(A) reinstatement with the same senior- independence of firms that audit public each fiscal year, which shall be subject to ap- ity status that the employee would have had, companies, to increase corporate re- proval by the Commission. but for the discrimination; sponsibility and the usefulness of cor- (3) SOURCES AND USES OF FUNDS.—The budg- ‘‘(B) the amount of back pay, with inter- porate financial disclosure, to protect et of the Division of Oversight Audits for est; and each fiscal year shall be payable from annual ‘‘(C) compensation for any special damages the objectivity and independence of securities analysts, to improve Securities accounting support fees, in accordance with sustained as a result of the discrimination, paragraph (4). including litigation costs, expert witness and Exchange Commission resources (4) ANNUAL ACCOUNTING SUPPORT FEE.—The fees, and reasonable attorney fees. and oversight, and for other purposes; annual accounting support fee for the Divi- IGHTS RETAINED BY EMPLOYEE.— ‘‘(d) R which was ordered to lie on the table; sion of Oversight Audits— Nothing in this section shall be deemed to as follows: (A) shall be allocated in accordance with diminish the rights, privilege, or remedies of paragraph (5), and assessed and collected any employee under any Federal or State On page 68, between lines 14 and 15, insert against each issuer, by 1 or more appropriate law, or under any collective bargaining the following: designated collection agents, as may be nec- agreement.’’. SEC. 110. OVERSIGHT AUDITING OF PUBLIC COM- PANIES. essary or appropriate to pay for the budget (b) CLERICAL AMENDMENT.—The table of and provide for the expenses of the Division, sections at the beginning of chapter 73 of (a) ESTABLISHMENT OF DIVISION.—There is and to provide for an independent, stable title 18, United States Code, is amended by established within the Office of the Chief Ac- source of funding for the Division, subject to inserting after the item relating to section countant of the Commission, the Division of review by the Commission; and 1514 the following new item: Oversight Audits, which shall be charged with responsibility for conducting oversight (B) may differentiate among different ‘‘1514A. Civil action to protect against retal- audits of issuers, at such times, and in ac- classes of issuers. iation in fraud cases.’’. cordance with such procedures as the Com- (5) ALLOCATION OF ACCOUNTING SUPPORT mission shall establish, by rule. FEES AMONG ISSUERS.—Any amount due from SA 4178. Mr. GRASSLEY submitted (b) STRUCTURE AND OVERSIGHT.—The Divi- issuers (or a particular class of issuers) an amendment intended to be proposed sion of Oversight Audits shall be headed by under this subsection to fund the budget of by him to the bill S. 2673, to improve the Chief Accountant of the Commission. the Division of Oversight Audits shall be al- quality and transparency in financial Notwithstanding any other provision of law, located among and payable by each issuer (or

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6512 CONGRESSIONAL RECORD — SENATE July 9, 2002 each issuer in a particular class, as applica- transaction from the prohibition on the pro- AUTHORITY FOR COMMITTEES TO ble) in an amount equal to the total of such vision of services under section 10A(g) of the MEET amount, multiplied by a fraction— Securities Exchange Act of 1934 (as added by (A) the numerator of which is the average this section), to the extent that such exemp- COMMITTEE ON ENVIRONMENTAL AND PUBLIC monthly equity market capitalization of the tion is necessary or appropriate in the public WORKS issuer for the 12-month period immediately interest and is consistent with the protec- Mr. REID. Mr. President, I ask unan- preceding the beginning of the fiscal year to tion of investors, and subject to review by imous consent that the Committee on which such budget relates; and the Commission in the same manner as for Environment and Public Works be au- (B) the denominator of which is the aver- rules of the Board under section 107. This thorized to meet on Tuesday, July 9, age monthly equity market capitalization of subsection shall not apply to services de- 2002, at 2:30 p.m. to conduct a hearing all such issuers for such 12-month period. scribed in paragraph (9) of such section to receive testimony on Sections 2015, 10A(g). SA 4180. Mr. GRASSLEY submitted 2016, 2017(a) and (b), 2018 and 2019 of S. an amendment intended to be proposed 2225, the National Defense Authoriza- by him to the bill S. 2673, to improve SA 4181. Mr. GRASSLEY submitted tion Act for Fiscal Year 2003. quality and transparency in financial an amendment intended to be proposed The hearing will be held in SD–406. reporting and independent audits and by him to the bill S. 2673, to improve The PRESIDING OFFICER. Without accounting services for public compa- quality and transparency in financial objection, it is so ordered. nies, to create Public Company Ac- reporting and independent audits and COMMITTEE ON FOREIGN RELATIONS counting Oversight Board, to enhance accounting services for public compa- Mr. REID. Mr. President, I ask unan- the standard setting process for ac- nies, to create a Public Company Ac- imous consent that the Committee on counting practices, to strengthen the counting Oversight Board, to enhance Foreign Relations be authorized to independence of firms that audit public the standard setting process for ac- meet during the session of the Senate companies, to increase corporate re- counting practices, to strengthen the on Tuesday, July 9, 2002 at 10:30 a.m. to sponsibility and the usefulness of cor- independence of firms that audit public hold a hearing on the Moscow Treaty. porate financial disclosure, to protect companies, to increase corporate re- Agenda the objectivity and independence of se- sponsibility and the usefulness of cor- curities analysts, to improve Securities Witness: The Honorable Colin L. porate financial disclosure, to protect and Exchange Commission resources Powell, Secretary of State, Wash- the objectivity and independence of se- and oversight, and for other purposes; ington, DC. curities analysts, to improve Securities which was ordered to lie on the table; The PRESIDING OFFICER. Without and Exchange Commission resources as follows: objection, it is so ordered. and oversight, and for other purposes; COMMITTEE ON FOREIGN RELATIONS On page 70, strike lines 1 through 19, and insert the following: which was ordered to lie on the table; Mr. REID. Mr. President, I ask unan- ‘‘(9) the opining on a financial statement as follows: imous consent that the Committee on with respect to the proper financial state- At the appropriate place, insert the fol- Foreign Relations be authorized to ment results of— lowing: meet during the session of the Senate ‘‘(A) any listed transaction, or on Tuesday, July 9, 2002 at 2:30 p.m. to ‘‘(B) any reportable transaction (other SEC. ll. BANKRUPTCY PROVISIONS. hold a nomination hearing. than a listed transaction) if a significant (a) PREFERENCES.—Section 547 of title 11, purpose of such transaction is the avoidance Agenda United States Code, is amended by adding at or evasion of Federal income tax, the end the following: Nominees: Mr. John Blaney, of Vir- but only if the registered public accounting ginia, to be Ambassador to the Repub- firm (or any such associated person of such ‘‘(h) A trustee may avoid any transfer made within 1 year before the date of the fil- lic of Liberia; Ms. Aurelia Brazeal, of firm) has directly or indirectly provided any Georgia, to be Ambassador to the Fed- material aid, assistance, or advice with re- ing of the petition that was made to an inspect to the organizing, promoting, selling, sider, officer, or director for any bonuses, eral Democratic Republic of Ethiopia; implementing, or carrying out of such listed loans, nonqualified deferred compensation, Mr. Martin Brennan, of California, to or reportable transaction, and or other extraordinary or excessive com- be Ambassador to the Republic of Zam- ‘‘(10) any other service that the Board de- pensation as determined by the court.’’. bia; Mr. J. Anthony Holmes, of Cali- termines, by regulation, is impermissible. (b) FRAUDULENT TRANSFERS AND OBLIGA- fornia, to be Ambassador to Burkina ‘‘(h) RULES AND DEFINITIONS RELATING TO TIONS.—Section 548(a) of title 11, United Faso; Ms. Vicki Huddleston, of Ari- NON-AUDIT SERVICES.— States Code, is amended by adding at the end zona, to be Ambassador to the Republic ‘‘(1) PREAPPROVAL REQUIRED FOR NON- the following: of Mali; Mr. Donald Johnson, of Texas, AUDIT SERVICES.—A registered public accounting firm may engage in any non-audit ‘‘(3) The trustee may avoid any transfer of to be Ambassador to the Republic of service, including tax services, that is not an interest of the debtor in property, or any Cape Verde; Mr. Jimmy Kolker, of Mis- described in any of paragraphs (1) through obligation incurred by the debtor, including souri, to be Ambassador to the Repub- (10) of subsection (g) for an audit client, only any bonuses, loans, nonqualified deferred lic of Uganda; Ms. Gail Mathieu, of if the activity is approved in advance by the compensation, or other extraordinary or ex- New Jersey, to be Ambassador to the audit committee of the issuer, in accordance cessive compensation as determined by the Republic of Niger; Mr. Richard Roth, of court, paid to any officer, director, or em- with subsection (i). Michigan, to be Ambassador to the Re- ‘‘(2) REPORTABLE AND LISTED TRANS- ployee of an issuer of securities (as defined in public of Senegal; and to serve concur- ACTIONS.—For purposes of subsection (g)(9)— section 2(a) of the Public Company Account- ‘‘(A) REPORTABLE TRANSACTION.—The term ing Reform and Investor Protection Act of rently and without additional com- ‘reportable transaction’ means any trans- 2002), if— pensation as Ambassador to the Repub- action with respect to which information is ‘‘(A) that transfer of interest or obligation lic of Guinea-Bissau; and Mr. James required to be included with a return or was made or incurred on or within 4 years Yellin, of Pennsylvania, to be Ambas- statement because, as determined under reg- before the date of the filing of the petition; sador to the Republic of Burundi. ulations prescribed under section 6011 of the and The PRESIDING OFFICER. Without Internal Revenue Code of 1986, such trans- ‘‘(B) the officer, director, or employee was objection, it is so ordered. action is of a type which the Secretary of the directly or indirectly responsible for— Treasury determines as having a potential ‘‘(i) any violation of the Federal securities COMMITTEE ON HEALTH, EDUCATION, AND for tax avoidance or evasion. laws (as defined in section 3(a)(47) of the Se- PUBLIC WORKS ‘‘(B) LISTED TRANSACTION.—Except as pro- curities Exchange Act of 1934), State securi- Mr. REID. Mr. President, I ask unan- vided in regulations, the term ‘listed trans- ties laws, or any regulation or order issued imous consent that the Committee on action’ means a reportable transaction under Federal or State securities laws; Health, Education, Labor, and Pen- which is the same as, or similar to, a trans- ‘‘(ii) fraud, deceit, or manipulation in a fi- sions be authorized to meet for a hear- action specifically identified by the Sec- duciary capacity or in connection with the ing on The Nomination of Dr. Richard retary of the Treasury as a tax avoidance purchase or sale of any security registered H. Carmona, of Arizona to be Surgeon under section 12 or 15(d) of the Securities Ex- transaction for purposes of section 6011 of General of the Public Health Service such Code.’’. change Act of 1934 or under section 6 of the (b) EXEMPTION AUTHORITY.—The Board Securities Act of 1933; or during the session of the Senate on may, on a case by case basis, exempt any ‘‘(iii) improper, illegal, or deceptive ac- Tuesday, July 9, 2002 at 10 a.m. in SD– person, issuer, public accounting firm, or counting practices.’’. 430.

VerDate Mar 15 2010 20:24 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2002SENATE\S09JY2.REC S09JY2 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 9, 2002 CONGRESSIONAL RECORD — SENATE S6513 The PRESIDING OFFICER. Without Mr. ENZI. I object. Whereas as a member of the Boston Red objection, it is so ordered. The PRESIDING OFFICER. The ob- Sox, Ted Williams won 2 Triple Crowns, was twice named the Most Valuable Player of the COMMITTEE ON HEALTH, EDUCATION, LABOR, jection is heard. American League, and was chosen as an AND PENSIONS Mr. REID. Mr. President, I am very American League All-Star 16 times; Mr. REID. Mr. President, I ask unan- disappointed. This is a matter that the Whereas Ted Williams was elected to the imous consent that the Committee on President has talked about needing to Baseball Hall of Fame in 1966; and Health, Education, Labor, and Pen- move forward. I assume the objection Whereas Ted Williams provided invaluable sions be authorized to meet for a hear- is on the number of Senators in the assistance to the Commonwealth of Massa- ing on The President’s Commission on conference. If this legislation is impor- chusetts through his efforts on behalf of and Excellence in Special Education during tant, I would hope the President would in support for the Jimmy Fund in order to the session of the Senate on Tuesday, weigh in and say let’s get it done no help eradicate cancer in children: Now, therefore, be it July 9, 2002 at 2:30 p.m. in SD–430. matter what the ratio. Resolved, That the Senate— The PRESIDING OFFICER. Without f (1) honors the achievements of Ted Wil- objection, it is so ordered. HONORING TED WILLIAMS liams; SPECIAL COMMITTEE ON AGING (2) expresses its deepest sympathies and Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- condolences to the family of Ted Williams on imous consent that the Senate proceed his passing; and imous consent that the Special Com- (3) directs the Secretary of the Senate to mittee on Aging be authorized to meet to the consideration of S. Res. 302 submitted earlier today by Senators transmit an enrolled copy of this resolution on Tuesday, July 9, 2002 from 2:30 p.m.– to the family of Ted Williams. KERRY and KENNEDY. 5 p.m. in Dirksen 562 for the purpose of f conducting a hearing. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without clerk will report the resolution by BENJAMIN FRANKLIN objection, it is so ordered. title. TERCENTENARY COMMISSION The legislative clerk read as follows: SUBCOMMITTEE ON TECHNOLOGY, TERRORISM, Mr. REID. I ask unanimous consent A resolution (S. Res. 302) honoring Ted AND GOVERNMENT INFORMATION the Senate proceed to Calendar No. 309, Williams and extending the condolences of H.R. 2362. Mr. REID. Mr. President, I ask unan- the Senate on his death. imous consent that the Committee on The PRESIDING OFFICER. The the Judiciary Subcommittee on Tech- There being no objection, the Senate clerk will report the bill by title. The legislative clerk read as follows: nology, Terrorism and Government In- proceeded to consider the resolution. formation be authorized to meet to Mr. REID. Mr. President, I think all A bill (H.R. 2362) to establish the Benjamin Franklin Tercentenary Commission. conduct a hearing on ‘‘Identity Theft of us my age and a little younger, and, Penalty Enhancement Act of 2002’’ on of course, a little older, remember this There being no objection, the Senate proceeded to consider the bill. Tuesday, July 9, 2002, at 2:30 p.m. in great baseball player. Think how good he would have been had he not served Mr. REID. I ask unanimous consent Room 226 of the Dirksen Senate Office the bill be read three times, passed, the Building. his country in the U.S. military for 5 years. He did that during the prime of motion to reconsider be laid upon the Agenda his baseball career. He served val- table, and any statements be printed in the RECORD at the appropriate place, Witnesses Dan Collins, Deputy Asso- iantly, as reported by John Glenn. I without intervening action or debate. ciate Attorney General, Department of think a lot of us have seen John Glenn talking about the person who flew com- The PRESIDING OFFICER. Without Justice, Washington, DC; Howard objection, it is so ordered. Beales, Director, Bureau of Consumer bat with him in Korea. I ask unanimous consent that the The bill (H.R. 2362) was read for the Protection, Federal Trade Commission, third time and passed. Washington, DC; and Dennis Lormel, resolution submitted by Senators f Section Chief, Terrorism Financial Re- KERRY and KENNEDY and the preamble view Group, Federal Bureau of Inves- be agreed to en bloc and the motion to ORDERS FOR WEDNESDAY, JULY tigation, Washington, DC. reconsider be laid upon the table, with- 10, 2002 The PRESIDING OFFICER. Without out intervening action or debate. Mr. REID. I ask unanimous consent objection, it is so ordered. The PRESIDING OFFICER. Without when the Senate completes its business objection, it is so ordered. f tonight, it adjourn until 9:30 tomorrow The resolution (S. Res. 302) was morning, Wednesday, July 10; that fol- PRIVILEGE OF THE FLOOR agreed to. lowing the prayer and the pledge, the Mr. REID. Mr. President, I ask unan- The preamble was agreed to. Journal of proceedings be approved to imous consent floor privileges be ex- The resolution, with its preamble, date, the morning hour be deemed extended to Karen Wayland, a legislative reads as follows: pired, the time for the two leaders be fellow in the Office of Senator REID of S. RES. 302 reserved for their use later in the day, Nevada. Whereas Theodore Samuel Williams served and there be a period of morning busi- The ACTING PRESIDENT pro tem- the Nation with honor and distinction as a ness until 10:30 a.m., with Senators per- pore. Without objection, it is so or- Naval Aviator during World War II and as a mitted to speak for up to 10 minutes Marine fighter pilot during the Korean War; dered. each, with the first half of the time Whereas Ted Williams, during his service under the control of the majority lead- f in the Marines during the Korean War, flew er or his designee, and the second half on 39 combat missions and earned an Air UNANIMOUS CONSENT REQUEST— Medal and 2 Gold Stars; of the time under the control of the Re- H.R. 3009 Whereas Ted Williams became the greatest publican leader or his designee; that at 10:30 a.m. the Senate resume consider- Mr. REID. Mr. President, I ask unan- hitter in baseball history while playing with ation of the accounting reform bill. imous consent that the Chair lay be- the Boston Red Sox from 1939-1960; Whereas Ted Williams, during his career The PRESIDING OFFICER. Without fore the Senate a message from the with the Boston Red Sox, even after losing 5 objection, it is so ordered. House with respect to H.R. 3009, the years to military service, had 2654 total hits, f Andean Trade Act; that the Senate dis- 521 home runs, and a lifetime batting aver- agree to the House amendment, agree age of .344; ADJOURNMENT UNTIL 9:30 A.M. to the request for a conference with the Whereas as a member of the Boston Red TOMORROW House on the disagreeing votes of the Sox, Ted Williams hit for an average of .406 Mr. REID. If there is no further busi- two Houses; and that the Chair be au- in 1941 and was the last major league base- ness to come before the Senate, I ask thorized to appoint conferees on the ball player to hit for an average above .400; Whereas as a member of the Boston Red unanimous consent the Senate stand in part of the Senate, with the ratio being Sox, Ted Williams led the American League adjournment under the previous order. three Democrats, two Republicans. in batting 6 times, in slugging percentage 9 There being no objection, the Senate, The PRESIDING OFFICER. Is there times, in total bases 6 times, and in runs at 7:38 p.m., adjourned until Wednes- objection? scored 6 times; day, July 10, 2002, at 9:30 a.m.

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IN RECOGNITION OF ACHIEVE- was one of these people, and without his sup- constitute tribunals, define and punish of- MENTS OF MADISON COUNTY port and belief in the abolitionist movement fenses against the Law of Nations, and make HISTORICAL SOCIETY IN many more people would have been sold as rules concerning captures. EDWARDSVILLE, IL property and treated as less than human. Mr. While Congress has authorized the Presi- Coles was a man who did the right thing when dent to use all necessary and appropriate HON. JOHN SHIMKUS the challenge presented itself. force against those nations, organizations, or persons that he determines to have planned, OF ILLINOIS I want to commend the Madison County Historical Society for their efforts to keep the authorized, committed, or aided the terrorist IN THE HOUSE OF REPRESENTATIVES Coles Legacy of freedom and decency alive. attacks or harbored such organizations or per- Tuesday, July 9, 2002 f sons, Congress has yet to expressly authorize Mr. SHIMKUS. Mr. Speaker, I rise today to the use of military tribunals. THE INTRODUCTION OF THE recognize the achievements of the Madison CRAFTING THE BILL MILITARY TRIBUNALS ACT OF 2002 County Historical Society in the Edwardsville, In November, 2001, the President issued a Illinois area. military order which said non-U.S. citizens ar- Edward Coles was the second Governor of HON. ADAM B. SCHIFF rested at home or abroad could be tried by the State of Illinois. Born in central Virginia in OF CALIFORNIA military tribunals. In March, 2002, the Depart- 1786 to a wealthy father who grew tobacco IN THE HOUSE OF REPRESENTATIVES ment of Defense announced rules for military and was a slave owner, Coles would later in trials for accused terrorists. Tuesday, July 9, 2002 These rules made no provision for the writ life decide that owning slaves was not the Mr. SCHIFF. Mr. Speaker: of habeas corpus, or an adequate appeals right thing to do. It is thought that this idea process. In addition, there was no accounting was instilled in him when he studied at William SEPARATION OF POWERS Our great nation was founded on the basic of persons who were being detained. and Mary College in Williamsburg, VA. He did Believing that Congress should play a crit- not support the philosophy that people could principles of liberty and justice for all. And one of the founding principles of our government is ical role in authorizing military tribunals, I own other people when a professor raised it at began discussing this issue with legal organi- the school. a separation of powers, and a system of checks and balances. zations, military law experts, and legal schol- Coles father died in 1807 leaving Edward a ars. The result of these discussion is the Mili- 782-acre farm and 23 slaves. He decided that We set up our government this way for a reason. The delegates to the Constitutional tary Tribunals Act of 2002, which I am intro- freeing the slaves would be the right thing to ducing today. do, but that would have been impossible be- Convention faced a difficult challenge—to create a strong, cohesive central government, WHO IS COVERED cause of the strict provisions in Virginia. The My bill will give the President the authority law stated that any freed slave must leave the while also ensuring that no individual or small group in the government would become too to carry out military tribunals to try individuals State within a year of emancipation, which in- who are members of al Qaeda or members of sured the failure of the slaves as free citizens. powerful. They formed a government with three separate branches, each with its own other terrorist organizations knowingly cooper- On top of that the other slave owners in the ating with or aiding or abetting persons who distinct powers. area would have surely hung Coles for his be- attack the United States. trayal of their highly prized trade. Without this separation of powers, any one branch of government could have the power to UNLAWFUL COMBATANTS In 1810 Edward became Personal Secretary The Geneva Conventions limit the ways reg- for President Madison in Washington DC. He establish a tribunal, decide what charges would be covered and what due process ular soldiers who surrender or are captured was very successful in the world of politics, may be treated, but there is a very clear dis- would be afforded, and also serve as judge but still wanted to free the slaves under his tinction made between lawful enemy combat- and jury. The intent of the framers was to control. After President Madison’s first term ants (a member of a standing/recognized avoid these kinds of imbalances of power—to Coles quit the White House and went west army), who would not be subject to a tribunal, provide checks and balances. looking for a place to free his slaves. He came and unlawful enemy combatants (civilians who That is why Congress must have a role in back from his excursion with a plan and an take up arms) who would. idea. setting up military tribunals. Currently, there are more than 500 persons After a brief stint as a diplomat to Russia, THE ROLE OF MILITARY TRIBUNALS who are being detained at Guantanamo Bay. Coles bought 3,500 acres in Illinois and ac- As the United States and its allies continue They have been classified by the Department cepted an appointment as land Registrar in to engage in armed conflict with al Qaeda and of Defense as unlawful enemy combatnats, Edwardsville, Illinois. He packed up his be- the Taliban, military tribunals provide an ap- and each one could potentially be subject to a longings and 22 slaves and headed towards propriate forum to adjudicate the international military tribunal. But without legislative back- Edwardsville. Coles waited until he was West law of armed conflict. While it may sound in- ing, any military tribunal adjudication of guilt of the Ohio River before he let anyone know congruous to have a justice system to deal may later be challenged on the basis that the his plan to free the slaves that worked for him. with crimes of war, this process ensures ad- tribunals were not authorized by Congress. After he told them that they were free to go 5 herence to certain international standards of Congressional action would make it abun- went to Kentucky, 7 to Missouri, and 10 fol- wartime conduct. In order to garner the sup- dantly clear that military tribunals are an ap- lowed Coles the rest of the way. It is said that port of the community of nations, military trials propriate venue for trying unlawful enemy Edward provided the slaves that followed him must provide basic procedural guarantees of combatants. Spelling out the requirements for with land of their own. He also provided all of fairness, consistent with the international law a military tribunal would ensure that sen- his former slaves with money and supplies, as of armed conflict and the International Cov- tences, when they are handed down, could be they needed them. enant on Civil and Political Rights. defended from judicial invalidation. Later in life Coles was Governor of Illinois CONSTITUTIONAL JUSTIFICATION DUE PROCESS for one term. He ran for Congress in 1832 and Congressional authorization is necessary for My bill would ensure that the basic tenets of lost, which is when he came to the conclusion the establishment of extraordinary tribunals to due process are adhered to by a military tri- that he wanted to move back to the East adjudicate and punish offenses arising from bunal. The tribunal would be independent and Coast. He moved to Philadelphia where he the September 11, 2001 attacks, or future al impartial. The accused would be presumed in- married a lady named Sally Logan Roberts, Qaeda terrorist attacks against the United nocent until proven guilty, and would only be and had three children with her. States, and to provide a clear and unambig- found guilty if there was proof beyond a rea- Some people do not only look for reward in uous legal foundation for such trials. sonable doubt. The accused would be prompt- the form of offices or titles, but in gratification This power is granted by the U.S. Constitu- ly notified of alleged offenses. The pro- for doing the right thing. Mr. Edward Coles tion, which gives Congress the authority to ceedings would be made available to relevant

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

VerDate 112000 04:55 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JY8.000 pfrm04 PsN: E09PT1 E1212 CONGRESSIONAL RECORD — Extensions of Remarks July 9, 2002 parties in other languages as necessary. The peals for the Armed Forces would not have to for the message we send to our global neigh- accused would have the opportunity to be appoint special masters or magistrates to do bors. During this, the most significant inter- present at trial. The accused would have a the necessary fact finding. national crisis of our day, we have an oppor- right to be represented by counsel. The ac- PUBLIC PROCEEDINGS tunity to show the world the true meaning of cused have the opportunity to confront, cross- We gain the confidence of our citizenry by justice, liberty, and the freedoms upon which examine, and offer witnesses. The pro- ensuring that trial proceedings are open to the America was founded. ceedings would be expeditious. The accused public. My bill would require trial and appeal f would be afforded all necessary means of de- proceedings to be accessible to the public, PERSONAL EXPLANATION fense. A conviction would be based on proof while securing the safety of observers, wit- that the individual was responsible for the of- nesses, tribunal judges, counsel, and others. fense. A conviction could not be upheld on an Evidence available from an agency of the Fed- HON. MAJOR R. OWENS act that was not an unlawful offense when it eral Government, however, may be kept se- OF NEW YORK was committed. The penalty for an offense cret from the public if such evidence would IN THE HOUSE OF REPRESENTATIVES would not be greater than it was when the of- harm the prosecution of military objectives or Tuesday, July 9, 2002 fense was committed. The accused would not intelligence sources or methods. be compelled to confess guilt or testify against Mr. OWENS. Mr. Speaker, yesterday I was DETENTION himself. A convicted person would be informed unavoidably absent and missed rollcall votes The bill allows for the Secretary of Defense of remedies and appeals processes. A prelimi- Nos. 283 and 284. If present I would have to detain a person who is subject to a tribunal nary proceeding would be held within 30 days voted ‘‘yea.’’ consistent with the international law of armed of detention to determine whether a trial may conflict. However these detentions would only f be appropriate. The tribunal would be com- be authorized while a state of armed conflict prised of a military judge and not less than HONORING THE CENTENNIAL OF continues, or while a prosecution or a post- five members. The death penalty would be ap- LOCAL 309 INTERNATIONAL plied only by unanimous decision. The ac- trial proceeding is ongoing. Under the Military BROTHERHOOD OF ELECTRICAL cused would have access to evidence sup- Tribunals Act of 2002, the United States Dis- WORKERS porting each alleged offense, except where trict Court for the District of Columbia would disclosure of the evidence would cause identi- have exclusive jurisdiction to ensure that the HON. JERRY F. COSTELLO requirements for detaining an accused are sat- fiable harm to the prosecution of military ob- OF ILLINOIS jectives, and would have the opportunity to isfied. And while an accused is held, the detainee IN THE HOUSE OF REPRESENTATIVES both obtain and present exculpatory evidence, shall be treated humanely, without any ad- Tuesday, July 9, 2002 and to respond to such evidence. verse distinction based on race, color, religion, HABEAS CORPUS Mr. COSTELLO. Mr. Speaker, I rise today to gender, birth, wealth or any similar criteria. Finally, the writ of habeas corpus would not ask my colleagues to join me in recognizing Adequate food, drinking water, shelter, cloth- be infringed, as it is a critical tenet of our jus- the 100th anniversary of the International ing, and medical treatment shall be provided. tice system. Every person should be entitled Brotherhood of Electrical Workers, Local 309. Finally, a detainee’s right to the free exercise to a court determination of whether he is im- The International Brotherhood of Electrical of religion would not be infringed. prisoned lawfully and whether or not he should Workers (IBEW) is as old as the commercial be released from custody. This basic tenet REPORTS TO CONGRESS use of electricity itself. It is the oldest, as well dates back to 1215 when it stood in the Without protections and reporting require- as the largest, electrical union in the world. Magna Carta as a critical individual right ments in place, persons detained for an indefi- IBEW Local 309 will mark 100 years of pride against arbitrary arrest and imprisonment. nite amount of time would have no recourse. for its members who have been leaders in Courts have referred to habeas corpus as Currently in America, the total number of per- producing the most highly trained and skilled ‘‘the fundamental instrument for safeguarding sons detained by both the Department of Jus- workers in the country. individual freedom against arbitrary and law- tice and the Department of Defense is un- Various histories of labor record no attempts less state action.’’ Without judicial review, the known. In many cases, there is little informa- to organize electrical workers during the ex- police can arrest people without warrants and tion, if any, available about who has been de- perimental days of electricity. In 1844 the first jail people without trials. tained and why. My bill requires the President telegraph wires were strung between Wash- U.S. Senator ARLEN SPECTER has noted, to report annually to Congress on the use of ington and Baltimore carrying that famous ‘‘Simply declaring that applying traditional prin- the military tribunal authority. Each such report message of Samuel Morse, ‘‘What hath God ciples of law or rules of evidence is not prac- would include information regarding each per- wrought?’’ This was the first electrical accom- tical is hardly sufficient. The usual test is son subject to, or detained pursuant to, a mili- plishment of commercial importance. It whether our national security interests out- tary tribunal, and each person detained pursu- changed the whole aspect of electricity, which weigh our due process rights, and the admin- ant to any actual or planned act of terrorism, most people believed to be an interesting but istration has not made the case.’’ who has not been referred for trial in connec- dangerous experiment. In 1848 the first tele- A careful reading of the President’s military tion with that act of terrorism to a criminal graph station was built in Chicago. By 1861 a order reveals that ‘‘military tribunals shall have court or to a military tribunal. With this provi- web of telegraph lines crisscrossed the United exclusive jurisdiction, and the individual shall sion, we can significantly reduce the danger States, and in 1866 the transatlantic cable not be privileged to seek any remedy or main- that due process might be evaded by simply was laid. Linemen to string the wires became tain any proceeding, directly or indirectly . . . failing to bring detainees before a tribunal for a necessity, and young men flocked eagerly to in any court of the United States or any state trial. enter this new and exciting profession. thereof, any court of any foreign nation, or any CONCLUSION With Edison’s invention of the first success- international tribunal.’’ There is some debate about the necessity ful incandescent lamp in 1879, the general APPEALS PROCESS of Congressional input in the establishment of public became aware of the possibilities of Another critical protection we must retain in military tribunals. But there is no doubt that electricity. The electric power and light indus- these trials is that of an appeals process. My legislative branch input can provide indispen- try was established with the construction of bill calls for the Secretary of Defense to sable safeguards, such as an appeal to an the Pearl Street Generating Station in New promptly review convictions by such tribunals independent entity, that the executive branch York in 1882. Where once only a few intrepid to ensure that the procedural requirements of simply cannot provide on its own. By exer- linemen handled electricity for a thrill, many a full and fair hearing have been met. It also cising Congress’ role in the process, we will now appeared on the scene, and wiremen, calls for the United States Court of Appeals for ensure that our justice system remains a bea- too, seeking a life’s work. As public demand the Armed Forces established under the Uni- con for the rest of the world, where due proc- for electricity increased, the number of elec- form Code of Military Justice to review the ess is protected, and the accused are afforded trical workers increased accordingly. The proceedings, convictions, and sentences of basic protections. surge toward unionism was born out of their such tribunals. Finally, the Supreme Court We are living in an extraordinary time, a dif- desperate needs and deplorable safety condi- would review the decisions of the United ficult time. But we are defined as a nation by tions. States Court of Appeals for the Armed Forces. how we handle these difficult times. Our gov- Beginning in 1870 many small, weak unions This is the most appropriate system of judicial ernment’s words and deeds are important, not organized, and then disappeared. However, by review, especially since the U.S. Court of Ap- only for the legal precedents we set, but also 1880 enough telegraph linemen had organized

VerDate 112000 04:55 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JY8.003 pfrm04 PsN: E09PT1 July 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1213 to form their own local assembly and affiliate created, protected and preserved the union. CONGRATULATIONS TO TAIWAN with the Knights of Labor. A few more locals They cared about what happened to them and PRESIDENT CHEN SHUI-BIAN soon organized, and a district council was to their children. They remained loyal to the formed. In 1833 this council called a general organization that gave them protection and HON. EARL F. HILLIARD strike against the telegraph companies. The strength. Each era writes its own history. The OF ALABAMA strike failed and broke up the first unknown at- IBEW’s union heritage, vibrant and strong, has IN THE HOUSE OF REPRESENTATIVES tempt to organize electrical workers. The urge been passed on to people today. As IBEW to unite was strong, however; and another at- International President Barry said during the Tuesday, July 9, 2002 tempt was made in 1884, this time with a se- opening of the 35th International Convention: Mr. HILLIARD. Mr. Speaker, Taiwan Presi- cret organization known as the United Order dent Chen Shui-bian has successfully com- of Linemen. Headquarters for this union was We in the IBEW want a world where a man can go to a safe workplace, earn a fair wage pleted his first two years in office. His perform- in Denver, and the group attained consider- and use his skills to do a good day’s work. ance as leader of his country has received able success in the western part of the United We want a world where a woman can develop widespread praise around the world. In terms States. her talents to the fullest and have a wealth of Taiwan’s relations with the People’s Repub- The nucleus of the Brotherhood formed in of opportunity before her . . . where workers lic of China, President Chen has, on many oc- 1890. An exposition was held in St. Louis that can retire with dignity, with the security of casions sought to assuage Beijing’s anxieties year featuring ‘‘a glorious display of electrical knowing their healthcare is affordable and about Taiwan’s declaration of independence. wonders.’’ Wiremen and linemen from all over available . . . where children are treated like In his inaugural address two years ago, Presi- the precious treasure they are—nurtured, the United States flocked to Missouri’s queen dent Chen promised that he would not seek city to wire the buildings and erect the exhibits educated and loved so they can carry the torch into the future, . . . and where workers independence as long as the PRC would re- which were the ‘‘spectaculars’’ of their era. frain from using force against Taiwan. Further- The men got together at the end of each long can organize and bargain collectively to achieve all these things in fairness and in more, President Chen has taken concrete workday and talked about the toil and condi- justice. steps to reduce tension in the Taiwan Straits. tions for workers in the electrical industry. The Travel between Taiwan and the Chinese main- story was the same everywhere. The work For 100 years, Local 309 has helped build land has been made much easier, officials was hard; the hours long; the pay small. It and shape the metro-east as well as the sur- from Taiwan and the Chinese mainland having was common for a lineman to risk his life on rounding counties of Southern Illinois with its been visiting one another across the Straits. the high lines 12 hours a day in any kind of expertise and craftsmanship. Local 309 is pre- We hope that Taiwan and the PRC will soon weather, seven days a week, for the meager pared to continue being a leader in the Elec- resume their dialogue on reunification and sum of 15 to 20 cents an hour. Two dollars trical industry with advancements in training, other commercial issues affecting them. Peace and 50 cents a day was considered an excel- organizing, market recovery and service to its lent wage for wiremen, and many men were members. in the Straits is in everyone’s interest. President Chen was also instrumental in forced to accept work for $8.00 a week. Mr. Speaker, I ask my colleagues to join me making Taiwan’s admission to the World There was no apprenticeship training, and in honoring the Centennial of IBEW Local 309 safety standards were nonexistent. In some Trade Organization a reality. We hope that and to congratulate their membership on the President Chen will continue his efforts in areas the death rate for linemen was one out occasion of this anniversary and to wish the of every two hired, and nationally the death making Taiwan a more visible global player; 1100 members and their families the very best rate for electrical workers was twice that of the we understand Taiwan has been trying to gain for the future. national average for all other industries. A observer status in the World Health Organiza- union was the logical answer; so this small tion and other international bodies, including group, meeting in St. Louis, sought help from f the United Nations. We applaud President the American Federation of Labor (AFL). An Chen’s leadership and wish him every suc- RECOGNIZING ACHIEVEMENTS OF cess. organizer named Charles Cassel was as- BOY SCOUTS FROM TROOPS 27 signed to help them and chartered the group Relations between Taiwan and the United AND 36 IN SPRINGFIELD, ILLI- States have been steadily improving. Taiwan as the Electrical Wiremen and Linemen’s NOIS AREA Union, No. 5221, of the AFL. A St. Louis line- has been buying all types of American agricul- man, Henry Miller, was elected president of tural and consumer products and the United that union. To him and the other workers at HON. JOHN SHIMKUS States has agreed to sell more advanced that St. Louis exposition, it was apparent their weaponry to Taiwan, including Kidd-class de- small union was only a starting point. Isolated OF ILLINOIS stroyers, twelve Orion antisubmarine surveillance aircraft and eight diesel-powered sub- locals could accomplish little as bargaining IN THE HOUSE OF REPRESENTATIVES agencies. Only a national organization of elec- marines. trical workers with jurisdiction covering the en- Tuesday, July 9, 2002 Domestically, President Chen has been try- tire industry could win better treatment from ing to reinvigorate Taiwan’s economy, to elimi- the corporate empires engaged in telephone, Mr. SHIMKUS. Mr. Speaker, I rise today to nate corruption and gangster influence in poli- telegraph, electric power, electrical contracting recognize the achievements of Boy Scouts tics and the economy, and to gain his people’s and electrical-equipment manufacturing. from Troops 27 and 36 in the Springfield, Illi- trust and support in making Taiwan a com- The founders of the union met in a small nois area. plete democracy. room above Stolley’s Dance Hall in a poor I have received notification that these At the midway point of Mr. Chen’s presi- section of St. Louis. The name adopted for the Scouts completed all necessary requirements dential term, we salute him for his many ac- organization was National Brotherhood of to earn the Citizenship in the Nation Merit complishments such as maintaining stability in Electrical Workers. The delegates to that First Badge. These requirements include items the Taiwan Strait, improving Taiwan’s visibility Convention worked night and day for seven such as a basic understanding of our nation’s in the international arena and its relations with days drafting the first Constitution, general governmental structure, a tour of the state or the United States, and reinvigorating Taiwan’s laws, ritual and emblem the well-known first national capital, and a formal letter to their economy. Congratulations, President Chen, grasping lightning bolts. congressional representative concerning an you have done a good job. Today the IBEW remains strong with ap- issue that they would like to see resolved. f proximately 750,000 members. The IBEW is It is reassuring to know that the youth of our united through more than 1,100 local unions HONORS GAYLORD HOSPITAL AS country are aware of the issues that stand to established over the length and breadth of the THEY CELEBRATE THEIR 100TH affect their future. The Scouts have made sug- United States and Canada. It is one of the ANNIVERSARY gestions on a wide range of topics that are largest unions in the world, and their wages currently on the congressional agenda. and working conditions are second to none in HON. ROSA L. DeLAURO any comparable field. IBEW members enjoy The boys of Troops 27 and 36 truly exem- OF CONNECTICUT better health and welfare coverage, improved plify the ideals upon which the Boy Scouts of IN THE HOUSE OF REPRESENTATIVES pensions, longer vacations and more holidays, America was founded here in Washington, Tuesday, July 9, 2002 as well as a shorter workweek. D.C. some 92 years ago. Their accomplish- They stand where they are today because ments commend great pride upon themselves Ms. DELAURO. Mr. Speaker, for one hun- strong, intelligent and loyal men and women and the Boy Scouts of America. dred years Gaylord Hospital of Wallingford has

VerDate 112000 04:55 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JY8.006 pfrm04 PsN: E09PT1 E1214 CONGRESSIONAL RECORD — Extensions of Remarks July 9, 2002 provided care and comfort to those most in IN HONOR OF JOHN ARCHIBALD Church and the Anniversary of its 175 years of need. It is an honor for me to rise today to WHEELER service to the community of Carrollton, Illinois. congratulate the Gaylord community, both past The people of the Carrollton First Baptist and present, on this very special occasion. As HON. RUSH D. HOLT Church are truly good Samaritans. They have we celebrate its history it is easy to see what OF NEW JERSEY spent 175 years preaching the word of Christ has made Gaylord such a success—the spirit IN THE HOUSE OF REPRESENTATIVES to Carrollton and surrounding areas and participating in other good works. Since 1827, the of compassion and generosity which is at its Tuesday, July 9, 2002 core. church has served as a cornerstone for reli- Mr. HOLT. Mr. Speaker, I rise today on the gious growth throughout Southwestern Illinois. At the turn of the 20th century, Connecticut occasion of the 91st birthday of John Archi- To such people as Reverend Stan Nichol faced a tuberculosis epidemic and was lacking bald Wheeler, one of the preeminent figures in and his congregation, the good deeds them- a facility which specialized in the care and twentieth-century theoretical physics. selves are their own best rewards. Yet, on this treatment of this devastating disease. Recog- John Wheeler was born on July 9, 1911 in special day, I think it is appropriate that they nizing this rapidly increasing problem, the New Jacksonville, Florida. The son of librarians, are recognized for their efforts. They are good Haven County Anti-Tuberculosis Association, John was an inquisitive child who started ex- Christians and good Americans, and remind which later became the Gaylord Farm Asso- perimenting at an early age. At the age of six- us all of the compassion and energy that ciation, negotiated the purchase of the Gay- teen, Wheeler entered Johns Hopkins Univer- makes this country great. lord Farm. This association, one of the first or- sity to study engineering. While studying at To the people of the Carrollton First Baptist ganized in the United States, quickly began to Johns Hopkins, Wheeler discovered a passion Church, thank you for your enduring dedica- fulfill their mission to ‘‘establish a non-profit for physics and by 1933 had graduated with a tion over the last 175 years; and may God sanatorium and hospital for the care and treat- Ph.D. in theoretical physics. grant you the opportunity to continue doing ment of cases of pulmonary tuberculosis.’’ In 1938, Wheeler joined the Physics Depart- His work for many years into the future. ment at Princeton University, where he re- Under the leadership of the renowned Dr. f David Russell Lyman, who was the first direc- mained until 1976 when he moved to the Uni- tor of the hospital and served in that capacity versity of Texas, Austin, to become the Direc- PERSONAL EXPLANATION for a full fifty years, Gaylord Hospital flour- tor of the Center for Theoretical Physics. He ished, becoming internationally recognized for now resides in New Jersey. HON. XAVIER BECERRA Dr. Wheeler’s contributions to the scientific its work. Dr. Lyman, who himself has been OF CALIFORNIA community are numerous, as a scientist, a stricken with tuberculosis in his first years as IN THE HOUSE OF REPRESENTATIVES a practitioner, had developed his own personal scholar, a mentor, and a teacher. He was the first American to learn of the Tuesday, July 9, 2002 crusade against the ‘‘great white plague’’ and discovery of nuclear fission and he later used his determination and commitment to Mr. BECERRA. Mr. Speaker, on Monday, worked with his former mentor Niels Bohr to make Gaylord a success. July 8, 2002, due to business in my District, I write an article on nuclear fission. was unable to cast my floor vote on roll call In its earliest days, Gaylord Farm Sanato- He mentored and worked with future Nobel numbers 283, and 284. The votes I missed in- rium, as it was first named, was run almost laureate Richard Feynman on a novel ap- clude roll call vote 283 on the Motion to Sus- solely by Dr. Lyman and head nurse, Florence proach to electrodynamics. pend the Rules and Pass H.R. 4609, the Rudolph Burgess. Though its full capacity was Dr. Wheeler led the theoretical development Rathdrum Prairie Spokane Valley Aquifer only twenty-two beds, this was quite an under- of the hydrogen bond in the United States and Study Act; and roll call vote 284 on the Motion taking. Over the next fifty years the efforts of worked on the Manhattan Project. to Suspend the Rules and Pass, as amended Dr. Lyman and Mrs. Burgess culminated in the He worked with Albert Einstein and formu- H.R. 2643, the Fort Clatsop National Memorial expansion of the campus from two hundred lated new solutions to Einstein’s gravitational Expansion Act. thirty-nine acres to six hundred, from six build- equations. Had I been present for the votes, I would ings to fifty-five, from a staff of two to one He pioneered studies on gravitational col- have voted ‘‘yea’’ on roll call votes 283 and hundred fifty, and an increased bed capacity lapse and coined the term ‘‘black hole’’. 284. His many publications include the books from twenty-two to one hundred forty-four. f Even more importantly, more than six thou- ‘‘Gravitation’’ and ‘‘Frontiers of Time’’ as well sand people, including American playwright as his autobiography ‘‘Geons, Black Holes, TRIBUTE TO THE DEPARTMENT OF Eugene O’Neill, sought and received the med- and Quantum Foam: A Life in Physics’’. ENERGY’S ROCKY FLATS MAN- ical care they needed and were restored to Dr. Wheeler’s accomplishments have been AGER health. In fact, my father, Ted DeLauro was a recognized with many awards and honors. He patient there from the summer of 1942 to the served as president of the American Physical HON. MARK UDALL early spring of 1943. It is this legacy of care Society. He was elected to the National Acad- emy of Sciences in 1952. Wheeler received OF COLORADO and dedication that continues to live within the IN THE HOUSE OF REPRESENTATIVES walls of Gaylord Hospital today. the Albert Einstein Prize of the Strauss Foun- dation in 1965, the Enrico Fermi Award in Tuesday, July 9, 2002 With the discovery of medications that 1968, the Franklin Medal of the Franklin Insti- stemmed the progress of tuberculosis, Gaylord Mr. UDALL of Colorado. Mr. Speaker, I rise tute in 1969, and the National Medal of today to express my appreciation for the good turned its expertise to other forms of rehabili- Science in 1971. work of Barbara Mazurowski, the Department tation. Today, Gaylord is the premier rehabili- Today, he is Professor Emeritus of Physics of Energy’s manager of the Rocky Flats Field tation center in Connecticut, well-known at Princeton University and the University of Office in Colorado. Barbara will soon be mov- throughout the region. Continuing in its ex- Texas, Austin. ing to DOE’s national headquarters from her panded mission, this private not-for-profit facil- Mr. Speaker, I commend John Archibald post overseeing the complex and monumental ity is making a difference in the lives of Wheeler on the occasion of his 91st birthday cleanup of the Rocky Flats Environmental many—providing patients with the physical and for the contribution he has made to phys- Technology site after more than two years of and emotional care they need to achieve their ics and American science. hands-on management. rehabilitation goals. f Barbara came on board during a critical While we, as a nation, have been faced with TRIBUTE TO CARROLLTON FIRST time for Rocky Flats. The cleanup and closure numerous problems concerning our health BAPTIST CHURCH ON ITS 175TH were well underway, but concerns over worker care system, it is important to recognize that ANNIVERSARY safety, schedule and cost were ever present. our medical facilities have not lost sight of She did not shy away from these challenges their original mission. As they celebrate their HON. JOHN SHIMKUS and met them head-on. As a result, she kept centennial anniversary, I am proud to stand OF ILLINOIS this project on track—within schedule and today to pay tribute to Gaylord Hospital for budget—so that we now have a good chance IN THE HOUSE OF REPRESENTATIVES their invaluable contributions to our community of seeing this site cleaned up and closed by and to the millions of people whose lives have Tuesday, July 9, 2002 2006, our target date for closure. been touched by their care, compassion and Mr. SHIMKUS. Mr. Speaker, I rise today to But perhaps her most lasting legacy will be dedication. pay tribute to the Carrollton First Baptist in the area of worker health and safety. When

VerDate 112000 04:55 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JY8.010 pfrm04 PsN: E09PT1 July 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1215 concerns were raised about the commitment their daughter Johanna to the U.S., and the has been an adjunct lecturer in Judaica at of the DOE to these critically important as- family moved to Detroit, Michigan, where Paul Rockhurst University. Rabbi Mandl was the pects of the cleanup work, Barbara elevated worked for Chevrolet Motors for 30 years. first chairman of the Missouri Health Facilities this as a high priority. A number of unfortunate They have been American citizens for over 65 Review Commission from 1990–1996. safety mishaps had occurred, one of these in- years. Of his innumerable accomplishments in the volving serious exposures to a number of Paul and Trudy have been blessed with two Kansas City Jewish community, Rabbi Mandl workers. Following these incidents, Barbara daughters, four grandsons, eight great grand- is particularly proud of his efforts which sent a lengthy and hard-hitting letter to Kaiser- children and one great-great grandchild. For brought new Kosher facilities and wider avail- Hill, the general contractor for the site, and in- the last 17 years, the Peukert’s have called ability of Kosher foods to the Kansas City sisted that the improvements be made in safe- Greenfield, Wisconsin home. They own and area. Rabbi Mandl brought many innovations ty protocols. I understand such a letter was live in their own home, still enjoy tending their with him to the Kehilath Israel Synagogue, es- unprecedented at Rocky Flats. The end result flower gardens and attribute their longevity to pecially the all-night Shavuot study program, of her intervention has been a measurable im- good, clean living. They are also active voters. which continues to draw adults and youth from provement in safety at the site. So it is with great pride that I congratulate all over the community. These efforts and many others have earned Mr. & Mrs. Peukert on their longevity and He and his wife, Barbara, a teacher at her the respect and admiration of many, in- unending commitment to each other. Their re- Hyman Brand Hebrew Academy and the cluding the hard working employees at the lationship is inspiring and stands as a testa- Kehilath Israel Religious School, are the par- site, both union and non-union—employees ment to life-long love and enduring friendship. ents of Aron [who is married to Chaia], an at- who put their health and safety on the line f torney in Florida; Seth, a market researcher in every day so that we can see the site closed New York; Debbie, who has just started work- in a timely manner. Her contribution to keep- COMMENDING 2002 GOLDEN APPLE ing on her Master’s of Public Administration ing work on schedule and her insistence on SCHOLAR AWARD WINNERS AND degree at the Columbia University Biosphere maintaining open channels of communication MS. AMANDA WATSON in Arizona; and Miriam, who will be a senior at also have been appreciated by the local com- the Hyman Brand Hebrew Academy in the fall. munities surrounding Rocky Flats. HON. JOHN SHIMKUS They are the proud parents of Samuel and Barbara also managed the site through two OF ILLINOIS Benjamin. high profile milestones—designating the site IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it is with great pride that I as a national wildlife refuge upon cleanup and honor such an exceptional individual. I ask all Tuesday, July 9, 2002 closure, and complications with the plans for my colleagues in the House of Representa- shipment of surplus plutonium to DOE’s Sa- Mr. SHIMKUS. Mr. Speaker, I rise before tives to join me now in commending Rabbi vannah River site in South Carolina. Both re- you today to commend the 2002 Golden Apple Herbert Jay Mandl. quired long hours, extensive coordination and Scholar award winners from my district. The f serious attention, and throughout both she Golden Apple Scholars program is to recruit PERSONAL EXPLANATION demonstrated calm, dedicated leadership. talented high school juniors who want to be- Her work on these issues and many others come teachers. will be a standard by which to judge her suc- I would like to take the opportunity to recog- HON. JOSEPH M. HOEFFEL cessor managers. We have much more work nize Ms. Amanda Watson from Alton High OF PENNSYLVANIA ahead at this site, much of that involving the School in Alton, Illinois. Teachers, like parents, IN THE HOUSE OF REPRESENTATIVES demolition of buildings and the extensive have a unique opportunity—to touch the life of Tuesday, July 9, 2002 a child. I can’t think of a more rewarding expe- cleanup work that still needs to be done. I Mr. HOEFFEL. Mr. Speaker, I was unable to rience. hope that we can continue the progress that vote on two suspension bills on July 8, 2002, As you know, Mr. Speaker, I was a former has been accomplished during her tenure. I as I was returning from Berlin, Germany high school teacher. I want to wish Amanda all wish her well and continued success in her fu- where I participated in the annual assembly of the same joy and success that I shared in my ture endeavors and ask my colleagues to join the Commission on Security and Cooperation teaching career. me in thanking her for her dedicated public in Europe as a member of the official United service to Colorado and the nation. f States delegation. f TRIBUTE TO RABBI HERBERT JAY If present, I would have voted ‘‘aye’’ on H.R. TRUDY AND PAUL PEUKERT CELE- MANDL 4609, the Rathdrum Prairie Spokane Valley BRATE 80 YEARS OF MARRIAGE Aquifer Study Act, and ‘‘aye’’ on H.R. 2643, the Fort Clatsop National Memorial Expansion HON. DENNIS MOORE Act. OF KANSAS HON. GERALD D. KLECZKA f OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES EQUAL RIGHTS FOR ALL IN THE HOUSE OF REPRESENTATIVES Tuesday, July 9, 2002 AMERICANS, HERE AND ABROAD Tuesday, July 9, 2002 Mr. MOORE. Mr. Speaker, I rise today to Mr. KLECZKA. Mr. Speaker, on Monday, congratulate Rabbi Herbert Jay Mandl, who HON. MICHAEL E. CAPUANO July 22, 2002, Mr. and Mrs. Trudy and Paul will be honored by Kehilath Israel Synagogue OF MASSACHUSETTS of Overland Park, Kansas, at a dinner on Sun- Peukert will celebrate 80 years together as IN THE HOUSE OF REPRESENTATIVES man and wife. day, August 25, 2002. Trudy was born July 7, 1904 and this year Rabbi Mandl, who has been Senior Rabbi at Tuesday, July 9, 2002 will celebrate her 98th birthday. Paul was born the synagogue for 25 years, is a graduate of Mr. CAPUANO. Mr. Speaker, I rise to inform February 26, 1901 and is 101 years old. He Baltimore City College and Johns Hopkins the House of indignities inflicted last month on was one of 12 children, 6 boys and 6 girls, University. He was ordained and graduated several of my constituents. One young and is the only surviving member of his family. from the Jewish Theological Seminary of woman, Mengyang Jian, was detained, with Both were born in Germany, and were married America in June 1969, and later received his twenty other United States citizens, at Rey- in Sandorf, Germany on July 22, 1922. Iron- orthodox ‘‘Smicha’’ ordination. He earned his kjavik Airport. Other Asian-Americans, trav- ically, before they were married, Trudy’s moth- Ph.D. from the University of Montreal, and his eling with American passports, about twenty- er pulled her aside after assessing Paul’s Doctor of Divinity degree from the Jewish five in all, were prevented from boarding small stature—he had to compete with 11 Theological Seminary of America. IcelandAir flights at Logan Airport in Boston on other children for food and was quite skinny— Rabbi Mandl serves on the Kansas City, the nights of June 11, 12, and 13. Dr. Tianlun and advised her not to marry him because he Missouri, Board of Police Commissioners as Jian gave me a copy of a document from the looked sickly and surely would leave her a Jewish Chaplain for the city police force. He Ministry of Justice of the Republic of Iceland young widow. was recently appointed the first Jewish Chap- instructing the airline to refuse him passage In 1923, at the relatively young age of 22, lain for the Overland Park Police Department. ‘‘for security reasons.’’ All believe that trav- Paul left his new bride and infant daughter He has served as a commissioner of the Kan- elers with Asian surnames or Asian appear- and immigrated to America. In 1925 he had sas Commission on Governmental Standards ance were treated differently from other pas- worked and saved enough to bring Trudy and and Conduct. Since the autumn of 1989, he sengers.

VerDate 112000 04:55 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JY8.014 pfrm04 PsN: E09PT1 E1216 CONGRESSIONAL RECORD — Extensions of Remarks July 9, 2002 The Republic of Iceland took these extraor- 1900 and was with the paper until his death in pressing appreciation to Mr. Paul Heth, Jr. on dinary measures in anticipation of Falun Gong 1970 have also made significant contributions his 90th birthday. protests during the state visit of President to the Journal. f Jiang Zemin. The Icelandic government, as I So often in our world today, family owned understand its position, consistently main- businesses cannot sustain the place that they PERSONAL EXPLANATION tained that, despite its commitment to free once held because of massive corporate take- speech and peaceful protest, its security overs. It is a pleasure to see the Journal main- HON. BOB CLEMENT forces could not cope with ‘‘thousands’’ of tain their place in the Hillsboro area. After OF TENNESSEE demonstrators. And, indeed, the airport detain- many years of reporting the important news of IN THE HOUSE OF REPRESENTATIVES ees were eventually released and allowed to the day, the Hillsboro Journal is celebrating its Tuesday, July 9, 2002 proceed to the capital and to demonstrate at 150th Publication Year. For serving the Hills- Mr. CLEMENT. Mr. Speaker, on rollcall No. designated sites. I do not wish to portray boro area for so many years, it is my pleasure 284, and 283, had I been present, I would these events as brutal violations of human to congratulate them on a job well done, but have voted ‘‘yea’’. rights, such as those that Falun Gong practi- not completed. I look forward to the future of tioners do, in fact, suffer in China. the Hillsboro Journal and the superior writing f Nonetheless it is wrong and unacceptable it gives us all. RECOGNITION OF THE MADISON for Asian Americans to be treated differently f CIVICS CLUB from other Americans. It is wrong and unacceptable for foreign governments to discrimi- HONORING THE 90TH BIRTHDAY OF PAUL HETH, JR. HON. TAMMY BALDWIN nate among American citizens on the basis of OF WISCONSIN religion or ethnicity. Such discrimination is IN THE HOUSE OF REPRESENTATIVES wrong and unacceptable when it happens HON. MIKE ROGERS Tuesday, July 9, 2002 abroad. It is wrong and unacceptable, and OF MICHIGAN most certainly illegal, when it takes place in IN THE HOUSE OF REPRESENTATIVES Ms. BALDWIN. Mr. Speaker, I rise to today to recognize the Madison Civics Club. For 90 the Commonwealth of Massachusetts or any- Tuesday, July 9, 2002 where in the United States of America. The years, the Madison Civics Club has brought Congress must defend the rights of all Ameri- Mr. ROGERS of Michigan. Mr. Speaker, I world leaders, illuminating thinkers and local cans to equal treatment, and, occasionally, we rise today to pay tribute to Mr. Paul Heth, Jr. innovators to the citizens of Madison. The club must remind even friendly democratic coun- of Jesup, Iowa, who will celebrate his 90th began in 1912 through the tireless efforts of tries that we are one people, indivisible, with birthday on Monday, July 15. five charter members. liberty and justice for all. Paul, the son of German immigrants, was These five had just spent several grueling, The great strength of any democracy rests born on his family’s farm southeast of and unsuccessful, months trying to convince in its citizens, and my constituents report that Fairbank, Iowa on July 15, 1912. When Paul members of the Wisconsin Legislature to the people of Iceland themselves dem- started school, he first went to the local coun- adopt women’s suffrage. The founding mem- onstrated in solidarity with them. Hundreds try school on County Line Road, which was a bers—Georgia Lloyd Jones, Alice Bleyer, signed a full-page ad that appeared in the mile west of the Heth Farm, and then onto the Edna Chynoweth, Lucille McCarthy and Mary June 13 issue of the Morgunbladid, Iceland’s parochial school in Fairbank situated behind B. Orvis—decided to gather for lunch, review major daily paper, apologizing in Chinese, St. John’s Lutheran Church. Upon the family’s their mistakes, seek strength and ‘‘lick their English, and Icelandic for their government’s move to a farm just north of Jesup, Paul wounds generally.’’ From that effort, the club actions. One of my constituents, So Dai Yee began attending the Jesup School. was born. Its goal was, and remains to this of Cambridge, told me that she drew comfort Like many young men his age, Paul’s labors day, developing a civic conscience through from these ‘‘people with righteous hearts.’’ were needed on the family farm during his being informed on local and foreign affairs. In closing, Mr. Speaker, I want to pay tribute eighth grade year. Possessing a traditional The Madison Civics Club has flourished. Its to the people of Iceland who rose to defend Midwestern work-ethic, at age twelve, Paul members number more than 800. It has human rights. began working for neighboring farmers as hosted such world leaders as Winston Church- well. In fact, one time a local fanner, who was f ill, Nelson Rockefeller and Eleanor Roosevelt. driving by a field in which Paul was working, The Madison Civics Club brought those who RECOGNIZING ACHIEVEMENTS OF stopped to compliment the young man on the have mastered the arts to Madison, including HILLSBORO JOURNAL straight rows of corn he was planting. Carl Sandburg, Arthur C. Clarke and Peter Life wasn’t all work for Paul in those days. Bogdanovich. Amelia Earhart, Bella Abzug HON. JOHN SHIMKUS In 1937, Paul and a young lady named Ruby and Alex Haley are just some of the inspira- OF ILLINOIS Rachuy headed for the Illinois state line, tional individuals who have illuminated Madi- IN THE HOUSE OF REPRESENTATIVES where in Galena they exchanged marriage son’s citizens. Those that shape the message vows. On May 13 of this year, Paul and Ruby of our mass media, including David Broder, Tuesday, July 9, 2002 celebrated 65 years of marriage. With a new Ray Suarez and Hedrick Smith, have been a Mr. SHIMKUS. Mr. Speaker, I rise today to wife and a growing family came new respon- part of Madison Civics Club history. recognize the achievements of, Hillsboro Jour- sibilities. This led to a change of career for Prominent citizens, including those on the nal, in Hillsboro, Illinois. Paul as he headed to the John Deere Com- faculty of the world-class institution, the Uni- Every so often, a corner stone is set in pany, where he worked in the farm equipment versity of Wisconsin-Madison, also have ad- place to build upon a future full of hope. With manufacturer’s ‘‘Heat Treat’’ facility for over 33 dressed Madison’s local concerns. countless hours of hard work by individuals years, retiring in 1974. The 2002–03 season shares the hallmark of who deeply care about the product they are As a member of the ‘‘Greatest Generation,’’ again promising an engaging and thoughtful producing, a dream of fulfilling their potential Paul is devoted to his church, his community series of speakers. The theme, as determined can be achieved. I would like to take this op- and his country. In addition to being a long- by the 2002–03 chair Lynn Stathas, is ‘‘The portunity to thank the people of the Hillsboro time member of Grace Lutheran Church in American Dream.’’ Speakers include: Harry Journal for their hard work that has resulted in Jesup, Paul served three terms on the Jesup Wu, Chinese dissident and human rights activ- quality news delivered to the people for 150 City Council, which culminated in one term as ist; Judith Miller, an author and Pulitzer-Prize years now. Mayor. The Jesup newspaper announced his winning correspondent at the New York Times Many people have contributed to the suc- victory, proclaiming: ‘‘Paul Heth Elected Mayor who is considered an expert on terrorism and cess of the Journal, including founders Frank of Jesup by a Landslide.’’ And although a fam- was in fact the target of one of the heinous and Cyrus Gilmore, and the first editor Rev. ily deferral prevented his own uniformed serv- and infamous anthrax letters that were mailed Thomas Springer. Mr. James Slack bought the ice to America, three of Paul’s sons proudly in 2001; Wisconsin Supreme Court Chief Jus- paper in 1875 and named it the Hillsboro Jour- represent over 50 years of service to their na- tice Shirley S. Abrahamson, the first female nal, which had been called The Montgomery tion in the United States Navy. chief justice on the Wisconsin high court and County Herald, The Democrat, and The Anti- On behalf of his wife Ruby, and children an important figure, the 150th anniversary of Monopolist in the past. The present owners, Carolyn, Verla, Bob, Ron, Patricia, Rick, Pam the Wisconsin Supreme Court; Diana L. Eck, the Galer Family, began with the paper in and Randy, I call on my colleagues in the a professor of Comparative Religion and In- 1945, and Mr. Little who joined the paper in House of Representatives to join me in ex- dian Studies at Harvard University; and Dr.

VerDate 112000 04:55 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JY8.019 pfrm04 PsN: E09PT1 July 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1217 David Satcher, the 16th Surgeon General of As Mr. Foer stated in his prepared state- than ever we as Americans remember the im- the United States. ment, even in the turmoil that is now occurring portant purpose of our Pledge of Allegiance, Through these speakers, as in past years, in the Middle East, water remains a central stand in awe of the magnificent symbolism of the Madison Civics Club celebrates the endur- element of hope for the future. Ben-Gurion our flag, and take pride in the triumphant ing freedoms our nation has sustained and University and its Jacob Blaustein Institute for chords of our national anthem, the Star Span- nurtured, building a civil society for more than Desert Research have played an important gled Banner. 200 years. America has built a legacy of jus- role in improving relations among the nations Every day in this Chamber, we honor our tice, freedom and hope that will be heralded of the Middle East. The work of Dr. Eilon nation by reciting the Pledge. Schoolchildren through the Madison Civics Club in its 90th Adar, the director of the university’s new Insti- across our nation should be allowed to make year. tute for Water Sciences and Technology, fig- that same statement, thus building a founda- As the representative for the 2nd Congres- ured prominently in the critical water allocation tion of patriotism and citizenship. Generations sional District of Wisconsin, I wish the Madi- process set forth in the Israeli-Jordanian of Americans regard the Pledge of Allegiance son Civics Club officers and members, and its peace agreement of 1994. His efforts are per- as a solemn statement of our nation’s values. past and upcoming speakers, all the best as haps even more important today. We must not allow this misguided decision to they continue their exemplary tradition of Congress last year recommended that the change that fact. molding a civic conscience that builds commu- Department of State and the Agency for Inter- As a cosponsor of this important resolution, nities and benefits all. national Development should consider up to I urge all of my colleagues to support H. Res. f $1 million for the Institute to address the flow 459. and transport of pollutants in groundwater in f RECOGNIZING ACHIEVEMENTS OF the region. This served to highlight the Insti- CHARLES L. BRIMM GOD AND COUNTRY tute’s unique regional partnerships in applied water research. SPEECH OF HON. JOHN SHIMKUS Ben-Gurion University is situated on the OF ILLINOIS edge of three of the world’s four major dryland HON. JACK KINGSTON IN THE HOUSE OF REPRESENTATIVES regions. This gives the university and its OF GEORGIA Tuesday, July 9, 2002 world-renowned research scientists a unique IN THE HOUSE OF REPRESENTATIVES Thursday, June 27, 2002 Mr. SHIMKUS. Mr. Speaker, I rise today to perspective on the challenges and solutions to recognize the achievements of Charles L. regional water quality, supply and allocations Mr. KINGSTON. Mr. Speaker, I find the rul- Brimm, from Dupo, Illinois. issues—issues that surely will be key compo- ing by the 9th Circuit Court of Appeals regard- Charlie Brimm has been an influential leader nents of future peace negotiations. As Mr. ing the Pledge of Allegiance an outrage. La- in the Dupo, Illinois V.F.W., Post 6368, for Foer stated, even in the turmoil that is now oc- beling the Pledge unconstitutional and banning years now. His past positions include 14th curring in the Middle East, water remains a it from Public Schools is an uninformed and District Commander from 1992 to 1993, Jr. central element of hope for the future. narrow-minded decision by a notoriously irre- Vice Commander, and Sr. Vice Commander of Most of the ground water aquifers in the responsible and radical court. the Department of Illinois. I would like to take gion are shared by at least two countries. In Mr. Speaker, I denounce this decision, and this opportunity to congratulate Mr. Brimm on spite of the current conflict, water manage- for the record, I want to include the following his recently named position as Department ment agreements have remained in effect. remarks, which include quotations from some Commander of the State of Illinois. Once all parties return to negotiations, the of our founding fathers as respects their view Service in the military, the police force, success of a lasting peace and security agree- on religion and the law: county deputies office, and organizations like ment will depend on the ability of all parties to Any high school student with a basic knowl- the Shiners have made Charles Brimm a fix- agree on an equitable allocation of the re- edge of history and with a minimal interest in ture of law enforcement and an upholder of gion’s scarce water resources. Thus, we politics understands that there exists a strong the law, as well as a caring individual. should continue to support these essential ini- separation of church and state in the United Through his leadership and efforts to improve tiatives. States today. This idea of separation is bitterly the community, Charlie has had a positive im- Mr. Foer noted in his statement that we enforced by some politicians and always pact on the town and people of Dupo. know the strains in the Middle East will not emerges as a hot topic in political debate. I would like to thank Mr. Brimm for his serv- easily go away. But it is important that we But ask these same high school students ice to this great country and to the people of seek out and support initiatives that address about the religious beliefs of our founding fa- the Dupo community throughout the years, areas of tension and that provide opportunities thers and the place of religion in the early his- and wish him well in his continued service with for the nations of the region to work together tory of our government, and you will probably the V.F.W. on matters of mutual interest and interest. find that their knowledge of these subjects is The efforts of Ben-Gurion University and its vague and incomplete. f Blaustein Institute are, as Mr. Foer so elo- In fact, many Americans today would be BEN-GURION UNIVERSITY OF THE quently said in his statement, an investment in surprised to find out that the creators of our NEGEV more than simply cleaner water. They are an nation were profoundly religious, that many of investment in the peace process and in the them had no reservations about the role of HON. STEVEN R. ROTHMAN cause of improved cooperation between Israel God in our Government. OF NEW JERSEY and its neighbors. Yet, it is amazing to me that our under- IN THE HOUSE OF REPRESENTATIVES f standing of the founding fathers and the creation of our country has been forgotten or ig- Tuesday, July 9, 2002 H. RES. 459 nored. For in one of our most cherished docu- Mr. ROTHMAN. Mr. Speaker, on May 9, ments, The Declaration of Independence, Bert Foer of the American Associates, Ben- SPEECH OF which holds our most basic statement of our Gurion University of the Negev, was sched- HON. BOB ETHERIDGE rights as Americans, we are told that it is uled to testify before the House Appropriations OF NORTH CAROLINA ‘‘self-evident, that all men are created equal, Committee’s Subcommittee on Foreign Oper- IN THE HOUSE OF REPRESENTATIVES that they are endowed by their Creator with ations, Export Financing and Related Pro- certain unalienable Rights, that among these grams, of which I am a member, on the uni- Thursday, June 27, 2002 are Life, Liberty and the pursuit of happiness.’’ versity’s important work in the critical field of Mr. ETHERIDGE. Mr. Speaker, I rise today It goes on, ‘‘That to secure these rights, desertification and water resources. in strong support of H. Res. 459, a bill ex- Governments are instituted among men . . .’’ Unfortunately, because of the committee’s pressing the sense of the House that Newdow It is as simple as that—our morality, the basis deliberations on the supplemental appropria- v. U.S. Congress was erroneously decided. for our laws, comes from our Creator. Our tions bill for Fiscal Year 2002, that hearing Like many of my colleagues, I was dis- government, or any democratic government was canceled. Thus, members were unable to appointed and shocked that the Ninth Circuit for that matter, is based on our divinely in- hear Mr. Foer’s testimony about these efforts, Court of Appeals ruled the Pledge of Alle- spired sense of night and wrong. This was an which have received the support of Congress giance unconstitutional. The Ninth Circuit rul- undisputed understanding amongst our found- because of the essential role they play in the ing defies common sense and the timing of ing fathers, which, somehow, escapes the effort to achieve peace in the region. the decision couldn’t be worse. Now more modem imagination.

VerDate 112000 04:55 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JY8.023 pfrm04 PsN: E09PT1 E1218 CONGRESSIONAL RECORD — Extensions of Remarks July 9, 2002 The Declaration of Independence presents John Quincy Adams—sixth president of the numerous clubs throughout each state, which the idea of Divine authority in vague terms, a U.S. elected to the House after his presidency. could meet regularly and work to elect to of- wise and conscious choice by the authors who Read the Bible in its entirety once a year. On fice those who reflected the Christian Constitu- understood the importance of religious free- February 21st, 1848, Adams collapsed from tional Society. dom. But the use of that language should not his chair on the House floor; he was placed on James McHenry—signed the Constitution; forsake our founding fathers as believers in a a sofa and carried to the nearby Speaker’s officer in the American Revolution and Sec- vague and indeterminable God. Apartment (just off of the House Chamber). It retary of War under George Washington and On the contrary, most of these men be- was there that Adams uttered his last words John Adams. Founded the Baltimore Bible so- lieved in a personable and loving God. They before dying, ‘‘This is the end of earth. . . . I ciety and explained the importance of the followed the teachings of Christianity; they am composed.’’ His words are an indication of Bible in American society: were public in their faith and unreserved about his faith; he went out of life with the expecta- Public utility pleads most forcibly for the their convictions. Yet, on the whole the lives of tion of eternal reward. general distribution of the Holy Scriptures. The these men—signers of the Declaration of Inde- George Washington—After the Revolution, doctrine they preach—the obligation they im- pendence, the Articles of Confederation, the Washington sent a circular letter to the 13 pose—the punishment they threaten—the re- Constitution—on the whole their lives and con- Governors and State legislatures declaring his wards they promise—the stamp and image of tributions to the founding of the United States resignation as Commander of the Continental divinity they bear which produces a conviction are unknown to us. The details of their lives army. The letter closed with a prayer: of their truths—[these] can alone secure to so- are surprising to many and certainly are rel- I now make it my earnest prayer that God ciety, order and peace, and to our courts of evant to today’s debate and are instructive on would have you and the State over which you justice and constitutions of government, purity, the topic in general: preside in His holy protection,—that He would stability, and usefulness. In vain, without the Reverend John Peter Gabriel Muhlenberg— incline the hearts of the citizens to cultivate a Bible, we increase penal laws and draw en- A pastor of two churches in Woodstock, Vir- spirit of subordination and obedience to gov- trenchments around our institutions. Bibles are ginia and a member of the Virginia legislature. ernment,—to entertain a brotherly affection strong entrenchments. Where they abound, On January 21, 1776, Reverend Muhlenberg and a love for one another, for their fellow citi- men cannot pursue wicked courses. preached his Sunday sermon on Ecclesiastes zens of the United States at large, and par- The Baltimore Bible Society still exists today 3, ‘‘to everything there is time and a season.’’ ticularly for their brethren who have served in (now known as the Maryland Bible Society) At verse 8—A time for war; A time for peace— the field—and finally, that He would most gra- and functions much as it did when it was first he declared to his congregation that for Vir- ciously be pleased to dispose us all to do jus- founded. Its mission is ‘‘to encourage the cir- ginia and the other colonies, it was a time of tice, to love mercy, and to demean ourselves culation, distribution and printing of the Bible in all languages without note or comment.’’ In war. He then removed his clerical robes, re- with that charity, humility, and temper of the 1999, the society distributed over 4 million vealing to the congregation the full military uni- mind which were the characteristics of the Di- copies. form he was wearing underneath. vine Author of our blessed religion, without an After the service, Muhlenberg recruited 300 humble imitation of whose example in these THE EARLY SUPREME COURT: ITS JUSTICES AND men for the war; they eventually were known OPINIONS. things, we can never hope to be a happy na- as the Eighth Virginia Regiment. He served Justice James Wilson—one of the original tion. throughout the Revolutionary War, achieving justices, signed the Constitution and the Dec- Alexander Hamilton—signed the Constitu- the rank of Major General. There is a statue laration, also credited with starting the first or- tion and was one of the authors of the Fed- of him in the Capitol depicting the moment ganized legal training in America for law stu- eralist papers, a document that heavily influ- when he disrobed in front of the congregation. dents. Here is an example of what he taught enced the creation of the Constitution. Ham- John Witherspoon—signed the Declaration. his students about the relationship between ilton was a devout Christian whose faith re- He was an ordained minister and wrote the in- law and religion: troduction to one of the first American editions mained strong even on his deathbed. He re- It should always be remembered that this of the Bible in 1791. luctantly entered into a duel with Aaron Burr, law, . . . made for men or for nations, flows Dr. Ben Rush—signed the Declaration. A recording in his Journal: from the same Divine source: it is the law of leading educator, has been called the ‘‘Father I have resolved, if . . . it pleases God to God. . . . What we do, indeed, must be of American Medicine,’’ personally trained give me the opportunity, to reserve and throw founded on what He has done; and the defi- 3,000 students for medical degrees, founder of away my firs [shot]; and I have thoughts even ciencies of our laws must be supplied by the America’s first abolition society as well as of reserving my second [shot]—and thus giv- perfections of His. Human law must rest its America’s first Bible society: The Bible Society ing a double opportunity to Col. Burr. authority, ultimately, upon the authority of that of Philadelphia. One of the objectives of Dr. Hamilton’s decision cost him his life. On law which is Divine. . . . We now see the Rush’s society was to mass-produce and dis- July 11th, 1804, Hamilton was mortally wound- deep and the solid foundations of human law. tribute Bibles to American citizens. In order to ed by Burr and died 24 hours later. On his . . . Far from being rivals or enemies, religion do so, the society had to purchase and import deathbed, the Rev. Benjamin Moore asked of and law are twin sisters, friends, and mutual special stereo printing plates. Under president him, ‘‘Do you sincerely repent of your sins assistants. Indeed, these two sciences run into James Madison, congress passed an act that past? Have you a lively faith in God’s mercy each other. cancelled all importation duties for the society; through Christ, with a thankful remembrance Chief Justice Oliver Ellsworth—third Chief it was entitled the ‘‘Act for the Relief of the of the death of Christ? And are you disposed Justice of the supreme court, member of the Bible Society of Philadelphia,’’ passed Feb- to live in love and charity with all men?’’ Ham- Continental Congress during the Revolution ruary 2, 1813. ilton replied, ‘‘With the utmost sincerity of and Constitutional Convention; believed reli- John Hancock—signed the Declaration. heart I can answer those questions in the af- gion was necessary in public life and declared After the revolution became Governor of Mas- firmative—I have no ill will against Col. Burr. in the Connecticut Courant of June 7, 1802: sachusetts; during his tenure he issued sev- I met him with a fixed resolution to do him no The primary objects of government, are the eral proclamations for days of prayer and harm—I forgive all that happened.’’ The Rev- peace, order and prosperity of society. . . . thanksgiving. Typical of his proclamations was erend went on to report that Hamilton, ‘‘Ex- To the promotion of these objects, particularly the one issued October 15, 1791, which pired without a struggle, and almost without a in a republican government, good morals are ended with a call for the citizens of Massachu- groan.’’ Hamilton’s death inspired the Rev- essential. Institutions for the promotion of setts to pray ‘‘that universal happiness may be erend to write: good morals are, therefore, objects of legisla- established in the world; [and] that all may By reflecting on this melancholy event. . . . tive provision and support: and among these bow to the scepter of our Lord Jesus Christ, let the infidel be persuaded to abandon his op- . . . religious institutions are eminently useful and the whole earth filled with His Glory.’’ position to that Gospel which the strong, in- and important. . . . The legislature, charged Sam Adams—signed the Declaration. He quisitive, and comprehensive mind of Hamilton with the great interests of the community, served as Governor of Massachusetts after embraced. may, and ought to countenance, aid and pro- John Hancock. Like his predecesor, he issued At the time of his death, Hamilton was in the tect religious institutions—institutions wisely a number of proclamations for State wide days process of creating a religious society with the calculated to direct men to the performance of of prayer and thanksgiving. In an example suggested name of the ‘‘Christian Constitu- all the duties arising from their connection with from 1795, he asked that citizens pray ‘‘that tional Society.’’ each other, and to prevent or repress those the peaceful and glorious reign of our Divine Its goals were to support the Christian Reli- evils which flow from unrestrained passion. Redeemer may be know and enjoyed through- gion and to support the Constitution of the Justice Joseph Story—U.S. Congressman out the family of mankind.’’ United States. This organization was to have during the presidency of Thomas Jefferson

VerDate 112000 04:55 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JY8.027 pfrm04 PsN: E09PT1 July 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1219 and appointed to the Supreme Court by Why have we conceded to the ridiculous UKRAINIAN ELECTIONS James Madison. He founded Harvard Law idea that religion has no place in government, School; he wrote 286 opinions while serving that the creators wanted strict separation of HON. TOM LANTOS as a justice as well as several legal essays church and state? These are not ideas found- OF CALIFORNIA published under the title, ‘‘Commentaries on ed upon reason but on the ignorance of athe- IN THE HOUSE OF REPRESENTATIVES the Constitution of the United States.’’ In this ism, ideas promoted by those who would like work, Story argues that the first amendment to see an end to religion. Tuesday, July 9, 2002 was not intended to separate religion from civil As our government is founded on self-evi- Mr. LANTOS. Mr. Speaker, I rise today to government: dent and unalienable rights, so to is it founded call the attention of my colleagues to bi-elec- The First Amendment is ‘‘Congress shall upon divine Law—these are one in the same. tions in three parliamentary districts of Ukraine make no law respecting an establishment of For a discussion of morality without God ulti- that will take place on July 14. religion, or prohibiting the free exercise there- mately becomes absurd. Indeed, there is no Ukraine’s parliamentary elections were held of. . . .’’ . . . We are not to attribute this pro- government without religion. on March 31 of this year. The House of Rep- hibition of a national religious establishment to resentatives closely observed developments an indifference to religion in general, and es- f related to those elections; on March 20 we pecially to Christianity, which none could hold passed a resolution urging the government of in more reverence than the framers of the PAYING TRIBUTE TO FRANK Ukraine to meet its commitments on demo- Constitution. . . . Indeed, the right of a society KOGOVSEK cratic elections as delineated in the 1990 Co- or government to [participate] in matters of re- penhagen Document of the Organization for ligion will hardly be contested by any persons HON. SCOTT McINNIS Security and Cooperation in Europe (OSCE). are intimately connected with the well being of Conditions surrounding the March 31 elec- OF COLORADO the state and indispensable to the administra- tions were far from free and fair. There were tion of civil justice. . . . At the adoption of the IN THE HOUSE OF REPRESENTATIVES hundreds of documented instances of fraud, Constitution and the [first] amendment to it Tuesday, July 9, 2002 intimidation of voters, and blocked access to . . . the general, the general, if not the uni- the media. A few races were declared invalid, Mr. MCINNIS. Mr. Speaker, it is with a sol- which is why bi-elections will be held on July versal, sentiment in America was, that Christi- emn heart that I take this opportunity to pay 14. anity ought to receive encouragement from the tribute to the life of Frank Kogovsek, who Mr. Speaker, unfortunately it appears that State. . . . An attempt to level all religions, sadly passed away recently at the age of 91. these bi-elections are being run no better than and to make it a matter of state policy to hold Frank was a pillar of the Pueblo community the parliamentary elections; in fact they may all in utter indifference, would have created and, as his family mourns his loss, I think it is be worse. There are reports that local officials universal disapprobation, if not universal indig- appropriate that we remember his life and cel- are under pressure of losing their jobs to guar- nation. ebrate the work he did on behalf of others. Vidal v. Girard’s Executors—This was a antee that candidates loyal to the President case that came before the Supreme Court in Frank was born to Frank and Mary Kogov- win. This seems to be the case particularly for 1844. Stephen Girard in his will left $7 million sek in April of 1911. Coming of age in the incumbent Alexander Zhyr. As the former dollars to the city of Philadelphia and asked middle of the Great Depression, Frank’s child- head of the parliamentary committee that in- that a school be started for the benefit of or- hood tested his resolve and forged his char- vestigated the murders of Ukrainian journal- phans and needy children but stipulated that acter. The death of Frank’s father from Black ists, including Georgiy Gongadze, Zhyr is not ministers be prohibited from serving on the Lung disease in the late 1920s was a particu- favorable to the party of power. faculty. The court ruled that ministers could be larly hard blow to the family. And it was these Mr. Speaker, Ukraine has expressed its de- excluded but that did not necessarily exclude defining trials that made Frank Kogovsek into sire to become a full partner in Western insti- the teaching of religion from public schools. In the generous and wise man whose ability to tutions. To do so, it must uphold its commit- the opinion, written by Justice Story, the court reach out and minister to his family and comment, as a member of the OSCE, to demo- asked: munity has touched the lives of so many. cratic values and human rights, including free Why not the Bible, and especially the New From a young age, Frank was adept at and fair elections. I urge the Government of Testament . . . be read and taught as a di- woodworking, while also showing a particular Ukraine to conduct these bi-elections in ac- vine revelation in the [school]—its general pre- skill at the art of dancing. It was this second cordance with international standards, and to cepts expounded, its evidence explained, and talent that lead Frank to meet his future wife, grant unfettered access to all election observ- its glorious principles of morality inculcated? Mary Blatnick, at a dance in the Arcadia Ball- ers, foreign and domestic. room. They fell in love and were married in St. . . . Where can the purest principles of moral- f ity be teamed so clearly or so perfectly as Mary’s Church on June 24, 1938. Frank and from the New Testament? Where are benevo- Mary reared an active and large family, with HAITI lence, the love of truth, sobriety and industry, seven sons and a daughter, Mary Joy. As an so powerfully and irresistibly inculcated as in employee of the Colorado Fuel and Iron Cor- HON. EDOLPHUS TOWNS the Sacred Volume? poration since the age of 16, the post-war OF NEW YORK years were a boom time for Frank and his In our Nation today, at the first hint of a mix- IN THE HOUSE OF REPRESENTATIVES ing of church and state, at the mere sugges- young family. Between overtime at work and Tuesday, July 9, 2002 tion of a correlation between religion and civil his service at the Church of St. Francis Xavier, law, there erupts from certain factions outrage Frank’s many commitments to others never Mr. TOWNS. Mr. Speaker, as our Nation and indignation, followed by claims of an im- came before his love for his family; by their turns its focus toward a full-scale battle pending right-wing conspiracy. own admission, Frank was a generous man to against worldwide terrorism, there are some These people have made sacred the quest his children. international human rights issues that are to keep religion out of public schools and out Mr. Speaker, it is my honor to pay tribute to evading the scope of U.S. policymakers. This of our Government. They believe any attempt the life of Frank Kogovsek, a man whose should be of great concern to those in this to do otherwise is in direct conflict with the in- character and impact on others is evident in country who have long been concerned with tentions of our founding fathers. the lives of all who have crossed his path. It the welfare of all humanity, be it in Asia, Afri- But as I have shown you, these founding fa- is with admiration, respect and a sense of ca, or in the Caribbean. Unbeknownst to many thers were absorbed with religion, namely sadness that I recount Frank’s 91 years of life in this country, one of the hungriest and most Christianity, and understood its fundamental before this body of Congress. Although Frank neglected nations in the world lies not only in role in government and society. has left us, his good-natured spirit lives on this hemisphere, but also in our own Carib- Even Thomas Jefferson, who intentionally through the lives of those he has touched. In bean backyard. The situation in Haiti is wors- kept his religious beliefs obscure to the public, particular, the character of Frank’s son Ray, ening by the day while international financial never once admitting to an acceptance of who so ably represented the 3rd District of institutions refuse to provide development as- Christianity, nor altogether denying its truth, Colorado in this House from 1979 to 1985, is sistance, and the role of the U.S. is still un- even Jefferson wrote that in the pure and un- a testament to the inspirational life lead by clear. What is certain is that a double standard tainted teachings of Christ can be found the Frank Kogovsek. I would like to extend my has been created regarding Haiti, and that ‘‘most sublime and benevolent code of morals thoughts and deepest sympathies to Frank’s rather than being helped, the population is which has ever been offered to man.’’ family and friends during this difficult time. being further driven into the ground.

VerDate 112000 04:55 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JY8.029 pfrm04 PsN: E09PT1 E1220 CONGRESSIONAL RECORD — Extensions of Remarks July 9, 2002 Andrew Blandford, Research Associate at lace has been forced to spend, on average, to $20 million for Fiscal Year 2002. Moreover, the Washington-based Council on Hemi- nearly a tenth of their meager U.S. $1 a day a USAID official in Haiti recently told visi- spheric Affairs (COHA), has recently authored income on water alone due to a lethal short- tors ‘‘79 cents of every USAID dollar worldwide is actually spent in the U.S.’’ a press memorandum entitled ‘‘As Catas- age of supplies. Because of its scarcity and price inflation, less than half of Haiti’s popu- THE OAS-SPONSORED NEGOTIATIONS trophe Approaches in Haiti, the U.S. Con- lation consumes potable water. tinues to Block International Loans.’’ This im- A total of $500 million in approved inter- Dr. Paul Farmer, a Harvard medical pro- national loans and grants have been with- portant analysis, which was released on June fessor and director of Haiti’s celebrated held as a result of demands made by 13, will shortly appear in a revised form in the Zanmi Lasante clinic, notes the close con- Aristide’s political enemies that a consensus upcoming issue of that organization’s esti- nection between contaminated water and the be reached between the democratically-based mable biweekly publication, The Washington cataclysmic HIV epidemic that affects 4% of Aristide administration and the Conver- Report on the Hemisphere. Blandford’s re- the island’s population. Dr. Farmer has of gence’s questionable bona fides. Few ana- search findings spotlight the developing Hai- late witnessed the number of untreated pa- lysts see any grounds for optimism as an tian tragedy and examine the role played by tients in Haiti multiply at an unprecedented OAS negotiation team is in the country on units of our own government in orchestrating pace: ‘‘I had worried about 60–70,000 patients its twentieth visit in an attempt to produce for the year. Now it’ll likely be well over a peace accord. Like Aristide, the OAS has the withholding of over $500 millon in loans 120,000. The blocked $146 million in IDB been unable to accomplish its goal due to a and grants to our poverty-stricken neighbors. [Inter-American Development Bank] loans lack of political and financial assets. Section Following weeks of floods and increased po- are for health, water, and education. It’s in- nineteen of the OAS Inter-American Com- table water shortages in Haiti, residents are sane for the richest country in the world to mission on Human Rights Report specifically forced to spend, on average, nearly a tenth of hold up financing of these projects in one of cites a lack of resources as the leading cause their meager U.S. $1 a day income on such a the poorest.’’ Dr. Farmer’s invaluable role in behind Haiti’s inefficient judicial institu- fundamental staple as water. As a result of its spearheading the battle against AIDS, never- tions and the OAS has displayed a particular scarcity and inflated price, less than half of theless, is thus far a losing effort. Currently lack of ability to operate independent of there is only one physician for every 10,000 State Department dictates. Haiti’s population consumes potable water, At a June 28 Haiti Symposium in Wash- compounding the nation’s abysmal health Haitians. The Pan-American Heath Organi- zation’s director, George Alleyne, laments ington, the leader of the OAS peace initia- standards. Over 4% of Haiti’s populace is in- that 74 Haitian babies die per every 1,000 live tive, Assistant Secretary General Luigi fected with HIV/AIDS while only 1 in 10,000 births and that life expectancy on the island Einaudi, fresh from the island, agreed that it has access to a physician. is among the lowest in the Americas. To him is now ‘‘the absolute critical time’’ to move The sanctions against Haiti include the with- the cause is clear: ‘‘It is poverty.’’ forward and set a deadline for negotiations. This step would thwart the Convergence’s holding of a $146 million loan from the Inter- THE U.S. ROLE IN HAITI’S PLIGHT American Development Bank that was in- strategy of issuing perpetual ultimatums. Due to the U.S. Treasury Department’s vir- Einaudi stressed, ‘‘There is not one nation— tended to fund education, healthcare and in- tual veto power over the IDB, a low interest frastructure projects. Because the IDB loans certainly not one of the 34 in the OAS— loan of $54 million meant to improve Haiti’s which disputes Aristide’s presidency.’’ The have already been approved, we have the access to clean water cannot be disbursed, problem, as he explained it, is that the inter- ironic situation where Haiti must continue to despite the fact that the bank’s charter spe- national community will not sign onto the pay interest on money it does not receive. cifically forbids such political meddling. The process of renewing development support While U.S. dollars flow in record amounts to IDB claims that no loans can be sent to Haiti until Aristide and his administration’s oppo- such undemocratic nations as Saudi Arabia because the country is in arrears, but the sition reach an agreement. ‘‘I hate sanc- and Pakistan, our Caribbean neighbors live in State Department has made it clear that tions,’’ Einaudi griped, ‘‘they’re easy to put abject poverty. We must recognize the injus- international pressure will be removed only on and hard to take off.’’ when the strict demands on the U.S. agenda tice of withholding, international development Since a consensus in Haiti is far from as- are met. At June’s OAS General Assembly in sured, Representative Barbara Lee (D–CA) assistance to a country previously ruled by the Barbados, U.S. Secretary of State Colin Pow- and the CBC introduced in April H.C.R. 382, U.S.-supported Duvalier family dictatorship ell asserted that Haiti needs the assistance ‘‘New Partnership for Haiti,’’ which calls for which distorted the country’s institutions while of the international financial community an end to U.S.-influenced sanctions on the is- running up record debts. . . . but it is difficult to provide that kind of land, regardless of the Convergence’s obsti- COHA researcher Blandford calls for action aid until there is political stability.’’ Despite nacy. However, while the resolution remains through the passage of H.C.R. 382, sponsored Aristide’s democratic authenticity, the Con- stalled in committee, and with Congress by our colleague Representative BARBARA LEE vergence’s provocations have effectively cut sharply divided along party lines, it is doubt- and the Congressional Black Caucus. This off international resources to Haiti while bil- ful whether the legislation will reach the resolution would urge the President to end the lions of U.S. dollars flow to authoritarian House floor. Furthermore, Haitian advocacy groups stress that a resumption of inter- virtual embargo on development assistance to nations such as Saudi Arabia and Pakistan. In January 2001, Ira Kurzban, the Aristide national development assistance is only the Haiti. Consequently, the article is of great rel- administration’s general counsel in the U.S., first step in addressing Haiti’s dire condi- evance since the need to constructively en- claimed that the IRI facilitated the allocation. Once the Haitian government is able to gage Haiti is likely to grow in importance in tion of $3 million of NED funds to the Con- establish its authority and marshals the nec- the coming months, given the precedent for vergence. Shortly thereafter, in a February 2 essary resources, It will have to begin to cre- Haitian refugees to attempt to escape to Flor- article, The Washington Post substantiated ate solid institutions and reform its judicial ida by means of a perilous sea passage when the IRI’s connection to the origins of the process in order to effectively serve the na- famine and destitution become unbearable at Convergence. In effect, the IRI has arranged tion. home, even though they face automatic inter- for the Convergence to have a de facto veto f diction and are forced to return to the island. power over Aristide’s constitutional mandate. H.R. 4954, THE MEDICARE MOD- AS CATASTROPHE APPROACHES IN HAITI, THE The Convergence essentially delivered an ERNIZATION AND PRESCRIPTION U.S. CONTINUES TO BLOCK INTERNATIONAL ultimatum to the Haitian president when it DRUG ACT LOANS called for the annulment of the results of the Less than a decade after the United States May 2000 election, which its leaders insisted SPEECH OF triumphantly pronounced the restoration of were flawed. Aristide agreed over a year ago democracy in Haiti with the return of Presi- to fire the seven senators whose votes were HON. BOB ETHERIDGE dent Jean-Bertrand Aristide, the inter- contested and to move up the elections de- OF NORTH CAROLINA national community has financially repudi- spite the fact that an American delegation IN THE HOUSE OF REPRESENTATIVES ated the island nation. Only two years before led by Congressman John Conyers (D-MI) of Thursday, June 27, 2002 its bicentennial, the unrest which has char- the Congressional Black Caucus (CBC) wit- acterized much of Haiti’s two centuries of nessed the balloting and characterized it as Mr. ETHERIDGE. Mr. Speaker, I rise today independence has returned to the poverty- ‘‘the democratic process working, exception- in opposition to H.R. 4954, the fraudulent Re- stricken nation. A loose and disparate oppo- ally well.’’ The Convergence, however, still publican Medicare bill. sition coalition of mainly tiny rightist fac- stonewalls negotiations, choosing instead to Prescription medicine coverage is one of the tions, the Democratic Convergence, due to advance its policy of economic asphyxiation its tight links to conservative Washington most important issues facing our nation today. of the government. Since it was created in 1965, Medicare has powerbrokers, has been able to undermine The Republican leadership argues that the Aristide administration both abroad and USAID already delivers sufficient funding to been the bedrock of health security for Amer- at home. Haiti. According to remarks made by Sec- ica’s senior citizens. However, Medicare is in- THE DEVELOPING HAITIAN TRAGEDY retary of State Powell, the U.S. only pro- complete without prescription medicine cov- In recent weeks, in addition to Haiti’s rou- vided $73 million in aid last year for emer- erage. I support a plan that is simple, com- tine political and economic woes, its popu- gency rations, but this figure will be slashed prehensive, and without gaps in coverage.

VerDate 112000 04:55 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JY8.031 pfrm04 PsN: E09PT1 July 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1221 The Republican Medicare bill fails on all of Majority’s Medicare bill will not help America’s reer Service Award, which recognizes those these points. seniors get access to affordable prescription who have shown an outstanding dedication to Today, prescription medicines are a critical medicines. I support the Democratic alter- law enforcement over the length of their ca- component of medical treatment. Indeed, pre- native that is easy to understand, designed to reer; Unit Citation Award, which recognizes of- scription medicines keep many seniors out of fit into our Medicare system, and provides ficers for actions taken as a group in dan- the hospital and at home with their families. seniors access to all of the medicines they gerous situations; Dedication and Profes- But too many of our seniors must choose be- need. It also includes all of the provider reim- sionalism Award, which recognizes personnel tween paying for food and other necessities or bursement provisions that are contained in who exceed their normal duties in service to the prescription medicines they need to live H.R. 4954. Unfortunately, the Republican ma- others; Above and Beyond the Call of Duty full, healthy lives. Seniors deserve prescription jority has denied us the opportunity to offer Award, which honors officers who put their medicine coverage under Medicare. Yet, the this alternative. lives in harm’s way in service to others; and Republicans continue to play politics with this America’s seniors deserve a prescription Associate Service Award, which honors fire vital issue. medicine benefit that allows them to remain and rescue personnel as well as civilians who There are several flaws in this Republican healthy in their golden years. We must assist law officers in the course of their du- bill. First, it is inadequate. The Republican strengthen Medicare with a real, guaranteed ties—at times putting their own lives at risk. Medicare bill would cover less than 20 percent Medicare prescription medicine benefit, not a While Congress works each day to pass of what seniors are projected to spend on pre- private insurance plan that leaves half of legislation that supports local law enforcement scription medicines over the next ten years. America’s seniors without prescription medi- and protects the interests of our communities, The bill also leaves seniors who spend be- cine coverage. I urge my colleagues to reject families and children, the men and women of tween $2,000 and $3,700 on prescription this sham Republican Medicare bill, and to law enforcement, working on the front lines medicines without coverage for part of the support the Democratic Motion to Recommit. every day, take the necessary risks to ensure year forcing nearly half of all seniors to pay f our safety and the safety of our loved ones. the full cost of their medicines. NEW HAMPSHIRE CONGRESSIONAL These awards have been a fitting tribute to Second, the Republican bill provides no LAW ENFORCEMENT AWARDS our officers and a reminder to all of us of the guaranteed benefit to seniors. The only thing important role they play in our lives and in our this bill promises seniors is the ability to shop HON. JOHN E. SUNUNU communities. around for some type of coverage. There is no Mr. Speaker, I join with Congressman BASS OF NEW HAMPSHIRE specific language in this bill that sets pre- and all the citizens of the Granite State in of- IN THE HOUSE OF REPRESENTATIVES miums at $35. In reality, private plans can fering our appreciation for the service and the charge whatever they want for premiums. Tuesday, July 9, 2002 dedication of our law enforcement personnel. What’s more, under their plan the insurance Mr. SUNUNU. Mr. Speaker, I rise today to I congratulate each recipient of the 2002 New companies that will administer this plan are al- pay tribute to the men and women of law en- Hampshire Congressional Law Enforcement lowed to vary their prices and the availability forcement who have exemplified themselves Awards, and thank the people with whom they of coverage all across the country, which will through uncommon and distinctive service to work and the citizens they serve for nomi- shortchange the seniors who need this benefit the citizens of New Hampshire during the nating such outstanding individuals. the most. course of their duties. f Finally, this Republican bill provides sub- Few among us would question that one of sidies to private insurance companies instead the most demanding professions in our nation PAYING TRIBUTE TO ALAN TERRY of providing seniors with a guaranteed pre- is law enforcement; it is a profession that re- scription medicine benefit. Tonight we see the quires sacrifice, courage and a dedication to HON. SCOTT McINNIS Republican majority’s priorities, Mr. Speaker. serve others. Each day, these brave men and OF COLORADO They put insurance companies first, not our women put themselves in harm’s way in order IN THE HOUSE OF REPRESENTATIVES seniors. to administer the laws of our society. In so Tuesday, July 9, 2002 Mr. Speaker, this is not a prescription medi- doing, they have earned—and deserve—our cine benefit plan. It’s a sleight of hand pro- respect and our gratitude. Mr. MCINNIS. Mr. Speaker, I would like to posal designed to hide the Republican Leader- In 1998, my friend and colleague, Rep- take this opportunity to congratulate an out- ship’s true intention to eventually privatize resentative CHARLES BASS, and I first estab- standing individual from Colorado whose hard Medicare. lished the New Hampshire Congressional Law work and dedication has produced a number It is noteworthy that the Republican majority Enforcement Awards at the request of current of awards throughout his business career. has placed a number of provisions relating to and retired New Hampshire law enforcement Alan Terry, the president of Terry & Stephen- physicians and hospitals into the bill that I personnel. We both agreed that these awards son, P.C. has just received a very high honor strongly support. Currently, physicians are not would be an excellent way to honor the men from the business community, as he is the re- being adequately reimbursed for taking care of and women of law enforcement whose service cipient of the Accountant Advocate of the Year Medicare patients, making it difficult to keep and professionalism was truly extraordinary, award. The Denver Urban Renewal Authority their doors open. The current system defies and this Sunday, July 14, a ceremony will be nominated Alan for this award, which is common sense, basing physician reimburse- held at the New Hampshire Police Standards among the most prestigious and coveted ments on the state of the economy instead of and Training facility in Concord to honor the forms of recognition given in the business the cost or need of health care. The fact is 82 recipients of this year’s awards. world, and I am honored to bring forth his ac- folks do not stop visiting the doctor because In New Hampshire, the nominations process complishments before this body of Congress the economy is sluggish. I support the provi- for the awards starts with all duty sworn offi- and nation. sions in this bill that would correct this flawed cers of the law, full or part-time, including Alan attended Trinidad State Junior College, payment system. local, county, state and federal law enforce- received an AA in Business Administration As a Member of the Congressional Rural ment agencies. Law enforcement profes- and went on to complete his undergraduate Health Coalition, I also support provisions in sionals from other states who distinguish work at the University of Southern Colorado this bill to increase the reimbursement pay- themselves in serving the people of New where he earned a BS degree in accounting. ments for our nation’s hospitals, especially Hampshire are also eligible. Nominations are His professional career began with Price those facilities located in rural areas. In fact, I then made based on exceptional achievement Waterhouse in Baltimore, Maryland and after joined 77 of my colleagues in writing the in any police endeavor, including: extraor- several years, Alan moved to Pittsburgh, Chairmen of the Energy and Commerce and dinary valor; crime prevention; drug control Pennsylvania where he started Terry & Ste- Ways and Means Committees in support of and prevention; investigative work; community phenson, P.C., a certified public accounting, provisions to standardize the base payments policing; community service; traffic safety; and management consulting firm. In 1986, he between rural and urban hospitals. Language search and rescue; and juvenile training, pro- moved to Denver, Colorado and opened the to this effect is also included in the bill. There grams. Individual officers are nominated for Denver office of Terry & Stephenson, P.C. are other worthwhile measures in this bill, and the award by citizens, an officer’s department Since opening the Denver office, Alan has it is a shame these provisions are included in or his or her co-workers, a city or town official worked with a variety of businesses including a fundamentally flawed bill. or a government agency. start up businesses, Fortune 500 corporations, Despite these provisions, I am unable to The awards honor law enforcement per- the State of Colorado, the City and County of support H.R. 4954 because the Republican sonnel in one of five separate categories: Ca- Denver, and various nonprofit organizations.

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He serves on many nonprofit boards and is an HONDA, RIVERS, LARSON, ISRAEL, MATHESON, manufacturing industries on an initiative of active member of the Colorado Society of Cer- WOOLSEY, BACA, E.B. JOHNSON, COSTELLO, standards development for enterprise integra- tified Public Accountants. and LOFGREN are introducing the Technology tion. Title IV of the bill incorporates the provi- Mr. Speaker, it is clear that Alan Terry is a Administration and National Institute of Stand- sions of H.R. 3683, the Fair Play in Sport Act man of great dedication and commitment to ards and Technology Act of 2003. This bill of 2002. These provisions were drafted by his profession and to the people of Colorado. provides a 3-year authorization for the Tech- Representative MATHESON, and will utilize the He has demonstrated that success can be nology Administration and the National Insti- National Institute of Standards and Tech- achieved though hard work and commitment tute of Standards and Technology. nology’s unique measurement capabilities to to his clients and I am honored to bring forth For the Technology Administration the bill assist the United States Anti-Doping Agency in his accomplishments before this body of Con- provides the Administration’s FY03 request. their mission. gress and this nation. He has achieved great The legislation then provides for inflationary in- This bill represents tough choices in a dif- success in his career and it is my privilege to creases in FY04 and FY05. ficult budget scenario. In developing this legis- extend to him my congratulations on his selec- For the National Institute of Standards and lation we realized that tough choices needed tion for the Accountant Advocate of the Year Technology, the bill provides full funding for to be made and priorities set. As authorization award. Alan, I wish you all the best in your fu- the Manufacturing Extension Partnership pro- legislation, this bill represents our priorities ture. gram (MEP). The bill authorizes $110 million and funding allocations to our colleagues on f in FY03, which will fully fund MEP Centers in the Appropriations Committee as they begin 400 locations in all fifty states and Puerto their difficult task this year. We also hope that IN RECOGNITION OF NORTH BAY Rico. The Manufacturing Extension Partner- this bill will signal the Administration of our STAND DOWN 2002 ship program is strongly supported by small- views as they prepare the fiscal year 2004 and medium-sized manufacturers throughout budget request. HON. MIKE THOMPSON the United States. It is a proven and success- This is a solid authorization bill and I would OF CALIFORNIA ful industry/government partnership. Both the urge my colleagues in the House to cosponsor IN THE HOUSE OF REPRESENTATIVES National Association of Manufacturers and the this legislation. Tuesday, July 9, 2002 National Coalition for Advanced Manufacturing f endorse the Manufacturing Extension Partner- Mr. THOMPSON of California. Mr. Speaker, PERSONAL EXPLANATION ship program and this level of funding. In I rise today to recognize the importance of FY04 and FY05 the bill provides for infla- North Bay Stand Down 2002 as a vehicle for tionary increases for MEP funding. HON. J.C. WATTS, JR. providing homeless and at-risk veterans in The bill also provides funding for the Ad- OF OKLAHOMA Napa, Solano and Yolo Counties with access vanced Technology Program and addresses IN THE HOUSE OF REPRESENTATIVES to existing and planned programs. Administration concerns about the program. Tuesday, July 9, 2002 Many of these veterans have never applied First this bill provides a stable funding base for Mr. WATTS of Oklahoma. Mr. Speaker, I for the benefits they have earned through their the ATP by providing sufficient funds to allow was unavoidably detained in my district and service to our country. Through the user- for $60.7 million in new awards to be made in missed recorded votes on Monday, July 8, friendly ‘‘veterans helping veterans’’ atmos- each fiscal year. In addition, the bill authorizes 2002. I would like the RECORD to reflect that, phere of North Bay Stand Down 2002 they will four policy changes to the ATP that were pro- had I been present, I would have cast the fol- be encouraged to transform the despair and posed by Secretary Evans. The bill makes lowing votes: immobility of homelessness into the momen- Secretary’s proposed changes to (1) allow uni- On passage of H.R. 4609, rollcall vote No. tum necessary to get in to recovery, to resolve versities to lead joint ventures, (2) allow uni- 283, I would have voted ‘‘yea.’’ legal issues, to seek employment, to access versities and non-profit laboratories to be in- On passage of H.R. 2643, rollcall vote No. health services and benefits, to reconnect with vested with intellectual property, (3) stress that 284, I would have voted ‘‘yea.’’ the community and to get off the street. ATP does not support product development, f It is estimated that veterans comprise nearly and (4) allows for private-sector experts to 30 percent of our homeless population nation- PAYING TRIBUTE TO ZELMA LA participate in the ATP project review process. BAR wide. For them, life on the streets can be both The bill also provides the Administration’s dangerous and debilitating and often leads to request for the standards supporting activities feelings of hopelessness. performed by NIST. In addition, the bill pro- HON. SCOTT McINNIS North Bay Stand Down 2002 will help vet- vides $12 million for NIST to continue its in- OF COLORADO erans free themselves from this self-defeating vestigative work on the collapse of buildings in IN THE HOUSE OF REPRESENTATIVES cycle of despair and begin to repair their lives the World Trade Center complex. The bill also Tuesday, July 9, 2002 by breaking down the barriers that contribute provides $10 million to upgrade the Large Fire to their isolation. Mr. McINNIS. Mr. Speaker, I would like to Facility at NIST’s Gaithersburg campus. One North Bay Stand Down 2002 has the sup- take this opportunity to pay tribute to Zelma La of the most important recommendations of the port of the U.S. Department of Veterans Af- Bar and thank her for her contributions to the Building Performance Assessment Team that fairs, the California State Department of Vet- Pueblo Horizons Federal Credit Union and the did a preliminary investigation on the structural erans Affairs, the State Employment Develop- community of Pueblo, Colorado. Zelma will al- causes of the collapse of buildings at the ment Department, local governments and vet- ways be remembered as a dedicated leader World Trade Center complex was that current erans’ and trade organizations and members and an innovative CEO. As she announces standards do not require actual fire testing of of the community. her retirement, I would like to bring forth her Mr. Speaker, it is appropriate that we ac- structural components. In other words, we accomplishments before this body of Con- knowledge and honor today the men and can’t evaluate how buildings will perform gress today. women who organized North Bay Stand Down under actual fire conditions. Currently no place Zelma has served as chairperson of the 2002 for their commitment to our veterans and in the United States can perform this type of Pueblo Area Chapter of Credit Unions since to our country. testing. The funding for the renovation of the assuming that position in March 1997. She Large Fire Facility will allow this type of testing has also served on a number of Colorado f to be done. Finally the bill provides much Credit Union League Committees from 1991– THE TECHNOLOGY ADMINISTRA- needed funding for the renovation of the NIST 2002, which includes the Legislative Sub- TION AND NATIONAL INSTITUTE facilities in Boulder, CO. The bill provides the Committee for Regulatory Issues and the En- OF STANDARDS AND TECH- Administration FY03 request for this activity vironmental Scan Sub-Task Force. Zelma is a NOLOGY ACT OF 2003 and in FY04 and FY05 provides funding in ac- member of the Credit Union Executives Soci- cordance with NIST’s 10-year construction ety and serves as the Pueblo Horizons Fed- HON. JAMES A. BARCIA plan. eral Credit Union representative to the Greater OF MICHIGAN This bill also incorporates legislation that en- Pueblo Chamber of Commerce, the Latino hances NIST’s measurement and standards IN THE HOUSE OF REPRESENTATIVES Chamber of Commerce and PEDCO. activities. Title III of the bill is the text of the Mr. Speaker, it is a great honor to recognize Tuesday, July 9, 2002 H.R. 2733, the Enterprise Integration Act of Zelma La Bar and the groundbreaking leader- Mr. BARCIA. Mr. Speaker, today, I and 2002. This authorizes the National Institute of ship that she has brought to the Pueblo Hori- Representatives M. UDALL, R. HALL, WEINER, Standards and Technology to work with major zons Federal Credit Union and the City of

VerDate 112000 04:55 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K09JY8.002 pfrm04 PsN: E09PT1 July 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1223 Pueblo. Her devotion helped enable many outpatient prescription drug costs. Many sen- tached these provider payments to their pre- families to invest their money and helped to iors turn to supplemental plans for drug cov- scription drug bill to force us to vote against make their dreams come true. I would like to erage, but these plans often are expensive them. So I am going on the record today to applaud her for her years of dedication and and have high deductibles or low benefits. say that my vote against this bill should not be hard work. Her time and dedication have No senior should be faced with the choice construed as a vote against provider pay- proved an invaluable addition to the company. of buying food, paying the electric bill or buy- ments. I wish Zelma the best of luck in her future ening critical life saving medicines. And my vote against this bill should not be deavors—I hope she will enjoy her well-de- We have an obligation to our Nation’s sen- construed as a vote against prescription drugs served retirement! iors to provide them with the lifesaving treat- for seniors. I support the Democratic plan, ments they need and deserve. which is a defined benefit under Medicare. It f Last month, we had the opportunity to do has a guaranteed premium, a guaranteed co- something about it. But the Republican leader- MEDICARE MODERNIZATION AND payment, guaranteed coverage, and is avail- PRESCRIPTION DRUG ACT ship insisted on pushing through a proposal that subsidizes insurance companies and drug able to all those seniors who need it. It doesn’t have any gaps in coverage, and it has no gim- SPEECH OF companies instead of helping seniors. Their bill does nothing to guarantee coverage for micks. That’s what our seniors deserve. HON. MARK UDALL seniors. It has a gap in coverage that will But the Republican leadership wouldn’t even OF COLORADO leave Medicare beneficiaries 100% financially let us bring our bill to the floor for debate. IN THE HOUSE OF REPRESENTATIVES liable for thousands of dollars in drug costs, They wouldn’t even let us offer amendments Thursday, June 27, 2002 covers only 6% of Medicare beneficiaries, and to their bill. Why not? If it was so bad, they does nothing to lower the price of prescription could have just voted it down. But they knew Mr. UDALL of Colorado. Mr. Speaker, I op- drugs. Instead, their bill gives $310 billion to that our plan was better and if it were put up posed the Republican prescription drug bill. insurance companies to encourage them to against the Republican plan, it would have And not only the bill, but the process by which offer stand-alone prescription drug plans, prevailed. Instead, they took a ‘‘my way or the we considered it. something that the insurance companies highway’’ approach. Since being elected to Congress in 1998, themselves say will not work. On the day of the vote, many members took not a day has gone by without my hearing If this bill becomes law, and if past is pro- to the floor of the House to recite the Pledge from a senior who is struggling to pay for pre- logue, we will have insurance companies of Allegiance. ‘‘. . . one nation under God, in- scription drugs. knocking on our door in the not too distant fu- divisible, with liberty and justice for all.’’ I’ve told the story of the woman from West- ture telling us that they don’t have enough minster, CO who has to visit the food bank Where is the indivisibility? Where is the lib- money to provide these plans, and that they erty in this rule? Where is the justice in this once a week so that she can afford her pre- need more. It’s just like what is happening scription drugs. rule? In this debate? In this bill? We should with Medicare+Choice. Several insurance set a better example for other governments I’ve told the story of another woman who companies promised seniors affordable health plays her own version of the lottery. She puts around the world. This is not the way democ- care, took their premiums and then dumped racy works. all of her bills in a fish bowl, draws one bill, them a year later. And now many seniors are and the one she draws is the one she puts off scrambling to find a new doctor. Mr. Speaker, the great civil rights worker paying so that she can buy the drugs her doc- Now, I support the increase in payments for Fannie Lou Hamer once said, ‘‘I’m sick and tor tells her she has to take. providers, which are included in the Repub- tired of being sick and tired.’’ So am I, and so And I’ve told the story of Juanita Johns, a lican bill. As a matter of fact, I am cospon- are the millions of seniors who can’t afford the constituent who kept the thermostat in her soring legislation to increase physician pay- drugs their doctors tell them they have to take. home at 60 degrees so she could pay her ments and to change the formula upon which The number of seniors in this Nation will dou- drug bills. That is until she sold her house and those payments are based. I support in- ble over the next twenty years, and at that moved in with her son in order to afford her creased payments to our Nation’s hospitals, time, their voices and actions will be stronger medicines. Juanita is not with us anymore. and I’ve joined with several of my colleagues than the insurance companies and the drug Unfortunately, these women are not alone. asking the leadership of this body to address manufacturers. I just hope we don’t have to Over one-third of Medicare beneficiaries have Medicare HMO payment issues. But in a cyn- wait that long. no drug coverage. Medicare does not cover ical political move, the authors of this bill at- I could not support the rule or the bill.

VerDate 112000 04:55 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K09JY8.003 pfrm04 PsN: E09PT1 Tuesday, July 9, 2002 Daily Digest

HIGHLIGHTS Senate agreed to H.J. Res. 87, Yucca Mountain Nuclear Waste Site Ap- proval. House Committee ordered reported the following appropriations for fiscal 2003: Interior; and Treasury, Postal Service and General Govern- ment. Senate dits and accounting services for public companies, to Chamber Action create a Public Company Accounting Oversight Routine Proceedings, pages S6433–S6514 Board, to enhance the standard setting process for Measures Introduced: Six bills and three resolu- accounting practices, to strengthen the independence tions were introduced, as follows: S. 2710–2715, and of firms that audit public companies, to increase cor- S. Res. 300–302. Page S6498 porate responsibility and the usefulness of corporate financial disclosure, to protect the objectivity and Measures Reported: independence of securities analysts, to improve Secu- S. 414, to amend the National Telecommuni- rities and Exchange Commission resources and over- cations and Information Administration Organization sight, taking action on the following amendments Act to establish a digital network technology pro- proposed thereto: Pages S6436–44, S6491–96 gram, with amendments. (S. Rept. No. 107–207) Pending: S. 2506, to authorize appropriations for fiscal year 2003 for intelligence and intelligence-related activi- Daschle (for Leahy) Amendment No. 4174, to ties of the United States Government, the Commu- provide for criminal prosecution of persons who alter nity Management Account, and the Central Intel- or destroy evidence in certain Federal investigations ligence Agency Retirement and Disability System, or defraud investors of publicly traded securities. with amendments. (S. Rept. No. 107–208) Pages S6436–38 Gramm (for McConnell) Amendment No. 4175 Page S6498 (to Amendment No. 4174), to provide for certifi- Measures Passed: cation of financial reports by labor organizations to Yucca Mountain Nuclear Waste Site Approval: improve quality and transparency in financial report- Senate passed H.J. Res. 87, approving the site at ing and independent audits and accounting services Yucca Mountain, Nevada, for the development of a for labor organizations. Pages S6438–43, S6491–96 repository for the disposal of high-level radioactive Miller Amendment 4176, to amend the Internal waste and spent nuclear fuel, pursuant to the Nu- Revenue Code of 1986 to require the signing of cor- clear Waste Policy Act of 1982. Pages S6444–91 porate tax returns by the chief executive officer of Honoring Ted Williams: Senate agreed to S. Res. the corporation. Pages S6443–44, S6491 302, honoring Ted Williams and extending the con- A unanimous-consent agreement was reached providing for further consideration of the bill at 10:30 dolences of the Senate on his death. Page S6513 a.m., on Wednesday, July 10, 2002. Page S6513 Benjamin Franklin Tercentenary Commission During today’s proceedings, Senate also took the Act: Senate passed H.R. 2362, to establish the Ben- following action: jamin Franklin Tercentenary Commission, clearing By 60 yeas to 39 nays (Vote No. 167), Senate the measure for the President. Page S6513 agreed to the motion to proceed to consideration of Accounting Reform Act: Senate continued consid- S.J. Res. 34, approving the site at Yucca Mountain, eration of S. 2673, to improve quality and trans- Nevada, for the development of a repository for the parency in financial reporting and independent au- disposal of high-level radioactive waste and spent D719

VerDate 11-MAY-2000 06:00 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JY2.REC pfrm04 PsN: D09JY2 D720 CONGRESSIONAL RECORD — DAILY DIGEST July 9, 2002 nuclear fuel, pursuant to the Nuclear Waste Policy the Community Management Account, and the Cen- Act of 1982. Page S6490 tral Intelligence Agency Retirement and Disability Subsequently, by unanimous consent, S.J. Res 34 System, with an amendment. (listed above) was returned to the Senate calendar. Page S6445 NATIONAL DEFENSE AUTHORIZATION Nominations Received: Senate received the fol- Committee on Environment and Public Works: Com- lowing nominations: mittee concluded hearings on sections 2015, 2016, Frederick W. Gregory, of Maryland, to be Deputy 2017(a) and (b), 2018 and 2019 of S. 2225, the Na- Administrator of the National Aeronautics and Space tional Defense Authorization Act for Fiscal Year Administration. 2003, after receiving testimony from Adm. William Neil McPhie, of Virginia, to be a Member of the J. Fallon, USN, Vice-Chief of Naval Operations; Merit Systems Protection Board for the term of Gen. Robert H. Foglesong, USAF, Vice Chief of seven years expiring March 1, 2009. Staff, United States Air Force; Gen. John M. Keane, Harry R. Hoglander, of Massachusetts, to be a USA, Vice Chief of Staff, United States Army; Gen. Member of the National Mediation Board for a term Michael J. Williams, USMC, Assistant Com- expiring July 1, 2005. mandant, United States Marine Corps; William Quanah Crossland Stamps, of Virginia, to be Hurd, Virginia Office of the Attorney General, Commissioner of the Administration for Native Richmond; Daniel S. Miller, Colorado Department of Americans, Department of Health and Human Serv- Law, Denver; Stanley Phillippe, California Depart- ices. ment of Toxic Substances Control, Sacramento, be- 2 Army nominations in the rank of general. half of the Association of State and Territorial Solid 1 Marine Corps nomination in the rank of general. Waste Management Officials; Jamie Rappaport 2 Navy nominations in the rank of admiral. Clark, National Wildlife Federation, Washington, Page S6514 D.C., former Director, U.S. Fish and Wildlife Serv- ice, Department of the Interior; and Bonner Cohen, Messages From the House: Page S6497 Lexington Institute, Arlington, Virginia; David Measures Referred: Page S6497 Henkin, Earthjustice, Honolulu, Hawaii. Measures Placed on Calendar: Page S6497 TREATY ON STRATEGIC OFFENSIVE Executive Communications: Pages S6497–98 REDUCTIONS Additional Cosponsors: Pages S6498–S6500 Committee on Foreign Relations: Committee held hear- Statements on Introduced Bills/Resolutions: ings on the Treaty between the United States of Pages S6500–08 America and the Russian Federation on Strategic Of- fensive Reductions, signed at Moscow on May 24, Additional Statements: Pages S6496–97 2002 (Treaty Doc. 107–8), receiving testimony from Amendments Submitted: Pages S6508–12 Colin L. Powell, Secretary of State. Authority for Committees to Meet: Pages S6512–13 NOMINATIONS Privilege of the Floor: Page S6513 Committee on Foreign Relations: Committee concluded Record Votes: One record vote was taken today. hearings on the nominations of John William (Total—167) Page S6490 Blaney, of Virginia, to be Ambassador to the Repub- Adjournment: Senate met at 9:30 a.m., and ad- lic of Liberia, Aurelia E. Brazeal, of Georgia, to be journed at 7:38 p.m., until 9:30 a.m., on Wednes- Ambassador to the Federal Democratic Republic of day, July 10, 2002. (For Senate’s program, see the Ethiopia, Martin George Brennan, of California, to remarks of the Acting Majority Leader in today’s be Ambassador to the Republic of Zambia, J. An- Record on page S6513). thony Holmes, of California, to be Ambassador to Burkina Faso, Vicki Huddleston, of Arizona, to be Committee Meetings Ambassador to the Republic of Mali, Donald C. Johnson, of Texas, to be Ambassador to the Republic (Committees not listed did not meet) of Cape Verde, Jimmy Kolker, of Missouri, to be Ambassador to the Republic of Uganda, Gail BUSINESS MEETING Dennise Thomas Mathieu, of New Jersey, to be Am- Committee on Armed Services: Committee ordered favor- bassador to the Republic of Niger, and James How- ably reported S. 2506, to authorize appropriations ard Yellin, of Pennsylvania, to be Ambassador to the for fiscal year 2003 for intelligence and intelligence- Republic of Burundi, after the nominees testified related activities of the United States Government, and answered questions in their own behalf.

VerDate 11-MAY-2000 06:00 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JY2.REC pfrm04 PsN: D09JY2 July 9, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D721 NOMINATION held hearings on S. 2541, to amend title 18, United Committee on Health, Education, Labor, and Pensions: States Code, to establish penalties for aggravated Committee concluded hearings on the nomination of identity theft, receiving testimony from Daniel P. Richard H. Carmona, of Arizona, to be Medical Di- Collins, Associate Deputy Attorney General and rector in the Regular Corps of the Public Health Chief Privacy Officer, and Dennis M. Lormel, Chief, Service, and to be Surgeon General of the Public Terrorist Financial Review Group, Federal Bureau of Health Service, Department of Health and Human Investigation, both of the Department of Justice; and Services, after the nominee, who was introduced by Howard Beales, Director, Bureau of Consumer Pro- Senators McCain and Kyl, testified and answered tection, Federal Trade Commission. questions in his own behalf. Hearings recessed subject to call. EXCELLENCE IN SPECIAL EDUCATION COUNTERFEIT MEDICINE Committee on Health, Education, Labor, and Pensions: Special Committee on Aging: Committee concluded Committee concluded hearings to examine rec- hearings to examine public health concerns of coun- ommendations of the President’s Commission on Ex- terfeit medicine, focusing on the purchasing of phar- cellence in Special Education regarding the Individ- maceuticals, both brand name and generic, from out- uals with Disabilities Act of 1997 (IDEA), after reside the nation’s borders and without the series of ceiving testimony from Terry E. Branstad, Chairman, checks in place for drugs sold domestically, after re- Douglas H. Gill, Chairman, Finance Task Force, and ceiving testimony from William K. Hubbard, Senior Douglas C. Huntt, Chairman, Transition Task Force, Associate Commissioner for Policy, Planning, and all of the President’s Commission on Excellence in Legislation, Food and Drug Administration, Depart- Special Education. ment of Health and Human Services; Elizabeth G. Durant, Executive Director of Trade Programs, U.S. IDENTITY THEFT Customs Service, Department of the Treasury; John Committee on the Judiciary: Subcommittee on Tech- Theriault, Pfizer, Inc., Washington, D.C.; and Rick nology, Terrorism, and Government Information C. Roberts, San Francisco, California. h House of Representatives opment and implementation for electronic enterprise Chamber Action integration (H. Rept. 107–559); and Measures Introduced: 14 public bills, H.R. H. Res. 475, providing for consideration of H.R. 5070–5083; and 3 resolutions, H. Con. Res. 4687, to provide for the establishment of investiga- 436–437, and H. Res. 476, were introduced. tive teams to assess building performance and emer- Pages H4424–25 gency response and evacuation procedures in the Reports Filed: Reports were filed today: wake of any building failure that has resulted in H. Con. Res. 425, calling for the full appropria- substantial loss of life or that posed significant po- tion of the State and tribal shares of the Abandoned tential of substantial loss of life (H. Rept. 107–560). Mine Reclamation Fund (H. Rept. 107–556); Page H4424 H. Res. 472, providing for consideration of H.R. Speaker Pro Tempore: Read a letter from the 4635, to amend title 49, United States Code, to es- Speaker wherein he appointed Representative to act tablish a program for Federal flight deck officers (H. as Speaker pro tempore for today. Page H4353 Rept. 107–557); H. Res. 473, providing for consideration of H.R. Recess: The House recessed at 11:16 a.m. and re- 2486, to authorize the National Weather Service to convened at 12 noon. Page H4358 conduct research and development, training, and Committee on Transportation and Infrastructure outreach activities relating to tropical cyclone inland Resolutions: Read a letter from chairman Young of forecasting improvement (H. Rept. 107–558); Alaska wherein he transmitted copies of resolutions H. Res. 474, providing for consideration of H.R. adopted on June 26, 2002 by the Committee on 2733, to authorize the National Institute of Stand- Transportation and Infrastructure—referred to the ards and Technology to work with major manufac- committee on Appropriations. Pages H4358–59 turing industries on an initiative of standards devel-

VerDate 11-MAY-2000 06:00 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JY2.REC pfrm04 PsN: D09JY2 D722 CONGRESSIONAL RECORD — DAILY DIGEST July 9, 2002 Suspensions: The House agreed to suspend the rules dividuals with disabilities) by a yea-and-nay vote of and pass the following measures: 413 yeas with none voting ‘‘nay,’’ Roll No. 286. Airport Streamlining Approval Process Act: Pages H4387–92 H.R. 4481, amended, to amend title 49, United Amendments: Amendments ordered printed pursu- States Code, relating to airport project streamlining; ant to the rule appear on pages H4425–29. Pages H4361–65 Quorum Calls—Votes: Three yea-and-nay votes de- Armed Services Tax Fairness Act: H.R. 5063, to veloped during the proceedings of the House today amend the Internal Revenue Code of 1986 to pro- and appear on pages H4392, H4392–93, and vide a special rule for members of the uniformed H4393–94. There were no quorum calls. services in determining the exclusion of gain from Adjournment: The House met at 10:30 a.m. and the sale of a principal residence and to restore the adjourned at 8:45 p.m. tax exempt status of death gratuity payments to members of the uniformed services (agreed to by a Committee Meetings yea-and-nay vote of 413 yeas with none voting INTERIOR AND TREASURY, POSTAL ‘‘nay,’’ Roll No. 286); Pages H4365–69, H4392–93 SERVICE AND GENERAL GOVERNMENT Undergraduate Science, Mathematics, Engineer- APPROPRIATIONS; REVISED ing, and Technology Education Improvement Act: SUBALLOCATION OF BUDGET H.R. 3130, amended, to provide for increasing the ALLOCATIONS technically trained workforce in the United States; Committee on Appropriations: Ordered reported the fol- Pages H4369–75 lowing appropriations for fiscal year 2003: Interior; Wildfire Fighting Collaboration with Foreign and Treasury, Postal Service and General Govern- Countries: H.R. 5017, to amend the Temporary ment. Emergency Wildfire Suppression Act to facilitate the The Committee also approved the Report on the ability of the Secretary of the Interior and the Sec- Revised Suballocation of Budget Allocations for fis- retary of Agriculture to enter into reciprocal agree- cal year 2003. ments with foreign countries for the sharing of per- QUALITY HEALTH CARE—EXPANDING sonnel to fight wildfires; Pages H4375–78 ACCESS Improper Payments Reduction Act: H.R. 4878, Committee on Education and the Workforce: Sub- amended, to provide for reduction of improper pay- committee on Employer-Employee Relations held a ments by Federal agencies; and Pages H4378–80 hearing on Expanding Access to Quality Health Care: Solutions for Uninsured Americans. Testimony Rise in Anti-Semitism in Europe: H. Res. 393, was heard from Representatives Fletcher and Tierney; concerning the rise in anti-Semitism in Europe Mark B. McClellan, member, Council of Economic (agreed to by a yea-and-nay vote of 412 yeas with Advisers; and public witnesses. none voting ‘‘nay,’’ Roll No. 287). CREATING DEPARTMENT OF HOMELAND Pages H4380–87, H4393–94 SECURITY Motion to Instruct Conferees—Help America Committee on Energy and Commerce: Subcommittee on Vote Act: Agreed to the Langevin motion to in- Oversight and Investigations continued hearings on struct conferees on the disagreeing votes of the two ‘‘Creating the Department of Homeland Security: Houses on the Senate amendments to H.R. 3295, to Consideration of the Administration’s Proposal,’’ establish a program to provide funds to States to re- with emphasis on research and development and crit- place punch card voting systems, to establish the ical infrastructure activities proposed for transfer to Election Assistance Commission to assist in the ad- the new Department. Testimony was heard from Je- ministration of Federal elections and to otherwise rome Hower, Director, Office of Public Health provide assistance with the administration of certain Emergency Preparedness, Department of Health and Federal election laws and programs and to establish Human Services: the following officials of the GAO: minimum election administration standards for Jan Heinrich, Director, Health Care and Public States and units of local government with responsi- Health Issues; and Robert F. Dacey, Director, Infor- bility for the administration of Federal elections, to mation Security Issues; John S. Tritak, Director, recede from disagreement with the provisions con- Critical Infrastructure Assurance Office, Department tained in subparagraphs (A) and (B) of section 101 of Commerce; James McDonald, Director, Energy Se- (a)(3) of the Senate amendment to the House bill curity and Assurance Program, Department of En- (relating to the accessibility of voting systems for in- ergy; Samuel G. Varnado, Director, Infrastructure

VerDate 11-MAY-2000 06:00 Jul 10, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JY2.REC pfrm04 PsN: D09JY2 July 9, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D723 and Information Systems Center, Sandia National Abortion Ban Act of 2002. Testimony was heard Laboratories; Donald D. Cobb, Associate Director, from public witnesses. Threat Reduction, Los Alamos National Laboratory; HOMELAND SECURITY ACT and public witnesses. The Subcommittee also met in executive session Committee on the Judiciary: Subcommittee on Crime, on this subject. Testimony was heard from Jason Terrorism, and Homeland Security held a hearing on Ahearn, Assistant Commissioner, Field Operations, H.R. 5005, Homeland Security Act. Testimony was U.S. Customs Service, Department of the Treasury; heard from Joe M. Allbaugh, Director, FEMA; from Frank Panico, Manager, International Networks and the following officials of the Department of the Transportation, U.S. Postal Service; Linton Brooks, Treasury: Robert C. Bonner, Commissioner, U.S. National Nuclear Security Administration, Depart- Customs Service; and Brian L. Stafford, Director, ment of Energy; Gary Jones, Director, Natural Re- U.S. Secret Service; and the following officials of the sources and Environment Issues, GAO: David Nokes, Department of Transportation: Adm. Thomas H. Director, Systems Assessment and Research Center, Collins, USCG, Commandant, U.S. Coast Guard; Sandia National Laboratories; Donald D. Cobb, As- and John W. Magaw, Under Secretary, Security, sociate Director, Threat Reduction, Los Alamos Na- Transportation Security Administration. tional Laboratory; Wayne J. Shotts, Associate Direc- MISCELLANEOUS MEASURES tor, Nonproliferation, Arms Control and Inter- Committee on Resources: Subcommittee on National national Security, Lawrence Livermore National Lab- Parks, Recreation and Public Lands held a hearing oratory; Steven W. Martin, Director, Homeland Se- on the following bills: H.R. 2099, to amend the curity Programs, Pacific Northwest National Labora- Omnibus Parks and Public Lands Management Act tory; and public witnesses. of 1996 to provide adequate funding authorization NEW ECONOMY SPEED—HELPING STATE for the Vancouver National Historic Reserve; H.R. AND LOCAL GOVERNMENTS 3917, to authorize a national memorial to com- memorate the passengers and crew of Flight 93 who, Committee on Government Reform: Subcommittee on on September 11, 2001, courageously gave their Technology and Procurement Policy held a hearing lives thereby thwarting a planned attack on our Na- on ‘‘Helping State and Local Governments Move at tion’s Capital; and H.R. 4874, to direct the Sec- New Economy Speed: Adding Flexibility to the Fed- retary of the Interior to disclaim any Federal interest eral IT Grant Process.’’ Testimony was heard from in lands adjacent to Spirit Lake and Twin Lakes in David L. McClure, Director, Information Technology the State of Idaho resulting from possible omission Management Issues, GAO; Sherri Z. Heller, Direc- of land from an 1880 survey. Testimony was heard tor, Office of Child Support Enforcement, Adminis- from Representatives Baird and Otter; the following tration for Children and Families, Department of officials of the Department of the Interior: P. Daniel Health and Human Services; Roberto Salazar, Ad- Smith, Special Assistant to the Director, National ministrator, Food and Nutrition Service, USDA; and Park Service; and Robert Anderson, Deputy Assist- public witnesses. ant, Minerals, Realty, and Resource Protection, Bu- FEDERAL AGENCY PROTECTION OF reau of Land Management; Royce Pollard, Mayor, PRIVACY ACT; OVERSIGHT—CERTAIN Vancouver, Washington; and public witnesses. RAMIFICATIONS—DEPARTMENT OF MISCELLANEOUS MEASURES HOMELAND SECURITY CREATION Committee on Resources: Subcommittee on Water and Committee on the Judiciary: Subcommittee on Com- Power held a hearing on the following bills: H.R. mercial and Administrative Law approved for full 4708, Fremont-Madison Conveyance Act; H.R. Committee action H.R. 4561, Federal Agency Pro- 4739, to amend the Reclamation Wastewater and tection of Privacy Act. Groundwater Study and Facilities Act to authorize The Subcommittee also held a hearing on ‘‘Ad- the Secretary of the Interior to participate in the de- ministrative Law, Adjudicatory Issues, and Privacy sign, planning and construction of a project to re- Ramifications of Creating a Department of Home- claim and reuse wastewater within and outside of the land Security.’’ Testimony was heard from Mark W. service area of the City of Austin Water and Waste- Everson, Controller, Office of Federal Financial Man- water Utility, Texas; and H.R. 5039, to direct the agement, OMB; and public witnesses. Secretary of the Interior to convey title to certain irrigation project property in the Humboldt Project, PARTIAL-BIRTH ABORTION BAN ACT Nevada, to the Pershing County Water Conservation Committee on the Judiciary: Subcommittee on the Con- District, Pershing County, Lander County and the stitution held a hearing on H.R. 4965, Partial-Birth State of Nevada. Testimony was heard from John W.

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Keys, Commissioner, Bureau of Reclamation, De- Science now printed in the bill shall be considered partment of the Interior; Gustavo Garcia, Mayor, as an original bill for the purpose of amendment. Austin, Texas; and public witnesses. The rule provides that the bill shall be considered ARMING PILOTS AGAINST TERRORISM for amendment by section. The rule authorizes the ACT Chairman of the Committee of the Whole to accord priority in recognition to Members who have pre- Committee on Rules: Granted, by voice vote, a modi- printed their amendments in the Congressional fied open rule providing 1 hour of debate on H.R. Record. Finally, the rule provides one motion to re- 4635, Arming Pilots Against Terrorism Act, The commit with or without instructions. Testimony was rule waives all points of order against consideration heard from Chairman Boehlert and Representative of the bill. The rule provides that the amendment Hall of Texas and Etheridge. in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now ENTERPRISE INTEGRATION ACT printed in the bill shall be considered as an original Committee on Rules: Granted, by voice vote, an open bill for the purpose of amendment. The rule waives rule providing 1 hour of debate on H.R. 2733, En- all points of order against the committee amendment terprise Integration Act of 2002. The rule provides in the nature of a substitute. The rule makes in that the amendment in the nature of a substitute order only those amendments to the committee recommended by the Committee on Science now amendment that are printed in the Congressional printed in the bill shall be considered as an original Record or are pro forma amendments for the purpose bill for the purpose of amendment. The rule provides of debate. The rule provides that each amendment that the bill shall be considered for amendment by printed in the Congressional Record may be offered section. The rule authorizes the Chairman of the only by the Member who caused it to be printed or Committee of the Whole to accord priority in rec- his designee, and that each amendment shall be con- ognition to Members who have pre-printed their sidered as read. Finally, the rule provides one motion amendments in the Congressional Record. Finally, to recommit with or without instructions. Testimony the rule provides one motion to recommit with or was heard from Representatives Mica and Oberstar. without instructions. Testimony was heard from NATIONAL CONSTRUCTION SAFETY TEAM Chairman Boehlert and Representative Hall of Texas. ACT TRUCKING SAFETY Committee on Rules: Granted, by voice vote, an open Committee on Transportation and Infrastructure: Sub- rule providing 1 hour of debate on H.R. 4687, Na- committee on Highways and Transit held a hearing tional Construction Safety Team Act. The rule pro- on Trucking Safety. Testimony was heard from Rep- vides that the amendment in the nature of a sub- resentative McGovern; Joseph M. Clapp, Adminis- stitute recommended by the Committee on Science trator, Federal Motor Carrier Safety Administration, now printed in the bill shall be considered as an Department of Transportation; and public witnesses. original bill for the purpose of amendment. The rule VETERANS LEGISLATION waives all points of order against the committee amendment in the nature of a substitute. The rule Committee on Veterans’ Affairs: Subcommittee on Bene- provides that the bill shall be considered for amend- fits approved for full Committee action the following ment by section. The rule authorizes the Chairman bills: H.R. 4940, the Arlington National Cemetery of the Committee of the Whole to accord priority in Burial Eligibility Act; and H.R. 5055, to authorize recognition to Members who have pre-printed their the placement in Arlington National Cemetery of a amendments in the Congressional Record. Finally, memorial honoring the World War II veterans who the rule provides one motion to recommit with or fought in the Battle of the Bulge. without instructions. Testimony was heard from f Chairman Boehlert and Representative Hall of Texas. COMMITTEE MEETINGS FOR WEDNESDAY, TROPICAL CYCLONE INLAND JULY 10, 2002 IMPROVEMENT AND WARNING SYSTEM (Committee meetings are open unless otherwise indicated) DEVELOPMENT ACT Senate Committee on Rules: Granted, by voice vote, an open Committee on Agriculture, Nutrition, and Forestry: to hold rule providing 1 hour of debate on H.R. 2486, hearings to examine the Commodity Futures Trading Tropical Cyclone Inland Forecasting Improvement Commission (CFTC), 9:30 a.m., SD–106. Committee on Commerce, Science, and Transportation: Sub- and Warning System Development Act of 2002. The committee on Surface Transportation and Merchant Ma- rule provides that the amendment in the nature of rine, to hold hearings to examine railway safety, 9:30 a substitute recommended by the Committee on a.m., SR–253.

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Committee on Energy and Natural Resources: Subcommittee Subcommittee on Telecommunications and the Inter- on Water and Power, to hold oversight hearings to exam- net, hearing on Corporation for Public Broadcasting ine water resource management issues on the Missouri Oversight and a Look Into Public Broadcasting in the River, 9:30 a.m., SD–366. Digital Era, 10 a.m., 2123 Rayburn. Full Committee, to hold hearings to examine the Committee on Financial Services, to continue consideration present and future roles of the Department of Energy/Na- of H.R. 3995, Housing Affordability of America Act of tional Security Administration national laboratories in 2002, 10 a.m., 2128 Rayburn. protecting our homeland security, 2:30 p.m., SD–366. Committee on International Relations, to mark up H.R. Committee on Environment and Public Works: to hold hear- 5005, Homeland Security Act of 2002, 9:30 a.m., 2172 ings to examine the President’s proposal to establish the Rayburn. Department of Homeland Security, 2 p.m., SD–406. Committee on the Judiciary, to mark up the following: Committee on Health, Education, Labor, and Pensions: busi- H.R. 3838, to amend the charter of the Veterans of For- ness meeting to consider S. 710, to require coverage for colorectal cancer screenings; S. 2328, to amend the Public eign Wars of the United States organization to make Health Service Act and the Federal Food, Drug, and Cos- members of the armed forces who receive special pay for metic Act to ensure a safe pregnancy for all women in duty subject to hostile fire or imminent danger eligible the United States, to reduce the rate of maternal mor- for membership in the organization; H.R. 3214, to bidity and mortality, to eliminate racial and ethnic dis- amend the charter of the AMVETS organization; H.R. parities in maternal health outcomes, to reduce pre-term, 3988, to amend title 36, United States Code, to clarify labor, to examine the impact of pregnancy on the short the requirements for eligibility in the American Legion; and long term health of women, to expand knowledge H.R. 5005, Homeland Security Act of 2002; and private about the safety and dosing of drugs to treat pregnant relief measures, 10 a.m., 2141 Rayburn. women with chronic conditions and women who become Committee on Resources, to continue markup of H.R. sick during pregnancy, to expand public health preven- 4749, Magnuson-Stevens Act Amendments of 2002; and tion, education and outreach, and to develop improved to mark up the following measures: H. Con. Res. 419, and more accurate data collection related to maternal requesting the President to issue a proclamation in ob- morbidity and mortality; S. 812, to amend the Federal servance of the 100th Anniversary of the founding of the Food, Drug, and Cosmetic Act to provide greater access International Association of Fish and Wildlife Agencies; to affordable pharmaceuticals; S. 2489, to amend the H.R. 3148, to amend the Alaska Native Claims Settle- Public Health Service Act to establish a program to assist ment Act to provide equitable treatment of Alaska Native family caregivers in accessing affordable and high-quality Vietnam Veterans; H.R. 3476, to protect certain lands respite care; and the nominations of Richard H. Carmona, held in fee by the Pechanga Band of Luiseno Mission In- of Arizona, to be Medical Director in the Regular Corps dians from condemnation until a final decision is made of the Public Health Service, and to be Surgeon General by the Secretary of the Interior regarding a pending fee of the Public Health Service; Naomi Shihab Nye, of to trust application for that land; H.R. 3917, Flight 93 Texas, and Michael Pack, of Maryland, each to be a Member of the National Council on the Humanities; Earl National Memorial Act; H.R. 4141, Red Rock Canyon A. Powell III, of Virginia, to be a Member of the Na- National Conservation Area Protection and Enhancement tional Council on the Arts; Robert Davila, of New York, Act of 2002; H.R. 4620, America’s Wilderness Protec- to be a Member of the National Council On Disability; tion Act; H.R. 4739, to amend the Reclamation Waste- and Peter J. Hurtgen, of Maryland, to be Federal Medi- water and Groundwater Study and Facilities Act to au- ation and Conciliation Director, 10 a.m., SD–430. thorize the Secretary of the Interior to participate in the Committee on Indian Affairs: to hold hearings to examine design, planning, and construction of a project to reclaim Elder health issues, 10 a.m., SR–485. and reuse wastewater within and outside of the service Committee on the Judiciary: Subcommittee on Crime and area of the City of Austin Water and Wastewater Utility, Drugs, to hold hearings to examine issues concerning Texas; H.R. 4822, Upper Missouri River Breaks Bound- white collar crime, 2:30 p.m., SD–226. ary Clarification Act; H.R. 4840, Sound Science for En- Committee on Veterans’ Affairs: to hold hearings to exam- dangered Species Act Planning Act of 2002; S. 238, ine the continuing challenges of care and compensation Burnt, Malheur, Owyhee, and Powder River Basin Water due to military exposures, 9:30 a.m., SR–418. Optimization Feasibility Study Act of 2001; S. 356, Lou- isiana Purchase Bicentennial Commission Act; and S. House 1057, Pu’uhonua O Honaunau National Historical Park Committee on Appropriations, Subcommittee on Energy Addition Act of 2001, 2 p.m., 1324 Longworth. and Water Development, to mark up appropriations for Committee on Science, to mark up H.R. 5005, Homeland fiscal year 2003, 4 p.m., 2362 Rayburn. Security Act of 2002, 10 a.m., and to hold a hearing on Committee on Armed Services, to mark up H.R. 5005, the Administration’s Climate Change Initiative, 1 p.m., Homeland Security Act of 2002, 10 a.m., 2118 Rayburn. 2318 Rayburn. Committee on Education and the Workforce, hearing on Re- Committee on Ways and Means, to mark up H.R. 5005, forming the Individuals with Disabilities Education Act: Homeland Security Act of 2002, 10:30 a.m., 1100 Long- Recommendations from the Administration’s Commission worth. on Excellence in Special Education, 10:30 a.m., 2175 Rayburn. Joint Meetings Committee on Energy and Commerce, Subcommittee on Joint Committee on Printing: to hold hearings to examine Commerce, Trade, and Consumer Protection, to mark up federal government printing and public access to govern- H.R. 5058, Financial Accounting Standards Board Act, 3 ment documents, 11 a.m., SR–301. p.m., 2123 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, July 10 10 a.m., Wednesday, July 10

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. 4635, morning business (not to extend beyond 10:30 a.m.), Sen- Arming Pilots Against Terrorism Act (modified open ate will continue consideration of S. 2673, to improve rule, one hour of general debate) quality and transparency in financial reporting and independent audits and accounting services for public companies, to create a Public Company Accounting Oversight Board, to enhance the standard setting process for accounting practices, to strengthen the independence of firms that audit public companies, to increase corporate responsibility and the usefulness of corporate financial disclosure, to protect the objectivity and independence of securities analysts, to improve Securities and Exchange Commission resources and oversight.

Extensions of Remarks, as inserted in this issue

HOUSE Hilliard, Earl F., Ala., E1213 Rothman, Steven R., N.J., E1217 Hoeffel, Joseph M., Pa., E1215 Schiff, Adam B., Calif., E1211 Baldwin, Tammy, Wisc., E1216 Holt, Rush D., N.J., E1214 Shimkus, John, Ill., E1211, E1213, E1214, E1215, E1216, Barcia, James A., Mich., E1222 Kingston, Jack, Ga., E1217 E1217 Becerra, Xavier, Calif., E1214 Kleczka, Gerald D., Wisc., E1215 Sununu, John E., N.H., E1221 Capuano, Michael E., Mass., E1215 Lantos, Tom, Calif., E1219 Thompson, Mike, Calif., E1222 Clement, Bob, Tenn., E1216 McInnis, Scott, Colo., E1219, E1221, E1222 Towns, Edolphus, N.Y., E1219 Costello, Jerry F., Ill., E1212 Moore, Dennis, Kansas, E1215 Udall, Mark, Colo., E1214, E1223 DeLauro, Rosa L., Conn., E1213 Owens, Major R., N.Y., E1212 Watts, J.C., Jr., Okla., E1222 Etheridge, Bob, N.C., E1217, E1220 Rogers, Mike, Mich., E1216

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